.%. ^, IMAGE EVALUATION TEST TARGET (MT-3) k // ^/ ^.^^ ^ /S!^\ v. i z ^d ^ 1.0 ■11 1.1 1.25 6" Photographic Sciences Corporation V ^ V ri>^ \\ [v 23 WEST MAIN STREET WEBSTER, N.Y. I4S«0 (716) 873-4S03 O^ '^^ x ■}\%' ¥^^/l V HT:r.l'j lAo::)'. /^ .^•^) I J;/.I0ii:'IM!^OD 1(> /, ?> ." f J H ti :• ji -j ?. I i-* ?r y «! M .4 ^J >i-^? j () 'X '■> L i > o «'^>} /. ':)>i ::! ^ -J .^ '1 2 n:'^ 'r h J", n 'A a J. 'n T I .'I .«•: ! < - . » • » ) A r' - A I /. iM.A D !• T ! ■•/ I ; 'I ( . • ?>.'•"' { 'i 1 no iO inuo j'i f^* A f.A ji:":;-joi; <; .U i ' .tOia.Vl sdfJMiriccj xi-ii:3 lo ?i*iTnoM^I hrTJif^:t *'««tt«MMIMPM^I«*Ma(1#«lfrW ■■ » ll>«B>% rt :OHftJ» ifc>«P.»'lWi i1 l rW lilWl « ai»H% A' •. :/i .; \ Advertisement „• From the EDITOR of the laft, and of the prefent EDITION. rO .jrnfi.if .,n} !>,','; THAT Canddur and Liberality, which Hm ever diftinguiflied the ftriti/h Nation, will render all Apology unneceflary, for the Liberty, the Editor ventures to take, of gloi^ing in the very favourable Reception ivhich has been given to the laft Edition of this valuable Work. Had it been his own original Produdlion, he could not more (enfibly have felt the Satisfuftioh this C4rcumftanc* affords bim. Delicacy, however, in that Cafe> might have confined him to a very concifc, grateful Acknowledgertient j butas the chief MeHt of every Editioii niuft he founded on the intriniic Value of the extenfivc Plan proje*!ledand carried into Execution by the late vencrabfeMr. beanvvs; he itiay be alioVved more freely to expatiate on the many Advantages which the mercantile World, and the Genj- tlemen of the Long Robe, have derived from it. - . ^ -L , > . ,» Being a Complete Commercial Code, it has afKirded ulefdl Information on all Subjedts of Difpute refpedling maritime and trading Concerns; and has (Xcallontd many amicable Comproniifcs and Adjuftments, by Arbitration and References, without entering into tedious and cxpcnfive Litigations ; but when Law-fuits have been unavoidable, it has equally ferved as a Giiide to able Counfellors, and to learned Jud^s on the Bench, who have frequently quoted the Precedents ' furniihes of the Cuftom of Merchants, and of the Decifions of former Courts, i'his the Reader will find in a great Meafure fel forth in the Royal LicCnfe for the cxclufive Right to publirti, granted to the Author, upwards of Fsz/'j' TTar^ Ago ; and after the Death of Mr. Beawts, the Proprietors, encouraged by a continual Demand for the Work, grown into confirmed Reputation, conftantly took every Steji in their Power to improve the new Editions, down to the preftnt Time ; by inllruding their Editor to make fuch valuable Alterations and Additions as tlie Revolutions in commercial Atfairs 5 the modern Decifions in our Courts of Law ; and the Increafe of able commercial Writers, rendered eflentially necef- fary. The extenfive Circulation and general Approbation of the Work in all Parts v^ Europe, and even in y(/ia, was noticed in the Advertifcment prefixed to the laft Edition, it (hall not therefore be repeated ; but with Refpcdt to the prefent Edition, it may be proper to obferve, that the final Settlement of the new Government of the United iitatei of America, and the great commercial Revolution which efta- blifhed a Treaty of Commerce between France and Great-Britain, made it the Editor's ardent Wifli, that a new Impreflion might be called for, at no great Diftancc of Time from the Dates of thofe important Events. A Simplification of the Cuftoms, fo far as it goes, has been one happy Con- fequence of this unexpedted new Conncdlion with our reputed natural Enemies, and if no other national Benefit had been derived from it, this alone would luivc been fufHcient to have done Honour to the Talents and Integrity of the preicnt Adininiltratioii. But in Juftice to the Framers of tlie laft Treaty of Peace with Frt;.-ice, let it likcwife be remembered, that tin; Bafis of the Commercial Treity, of the Coiilblidating Adt, and of the (.'ouvcntion, was laid by them. All lliclc Treaties are infertcd in their proper Places. , " To this Edition then, we have been enabled to add, not only thofe and other public Papers, fuch as the Treaty with H/iain, &c. but likewife a compietr T;\ritf of the Duties on Importation and Exportation, Drawbacks, Bounties, Cc. which 6 cbuld 82477 ADVERTISEMENT. could not even be attempted in any former Edition, on Account of t!ic complex and perplexing Mode of colledling the Cuftoms, before the ConroliJating Adl tuulc Place. With Refpeft to ancient Documents of Authority, the Forms of wliiih liavc not undergone any Alteration whatever, thoy are prcfcrved as they ftooi in the Original, being teftimonials of the Care and Attention of the ilcce.ilL\l Vutlior, and Memorials of the great Number of Y»rs, that hit Book has been held in deferved Efteem. ^ -it: ■■:\{ If,' ', ,. .1 ! ':.i''.''.'-' ,:>■.' Some Pages of obfolete Matter, fuch for Inftancc, as the Ordinances regulating the old Banks of France, eflablidied during the Minority of Loftw X V^ j ainl other Papers of a fimilar Nature, have been rcjeifted, and in their Stead, new and interefl- ing Subjedtsof theprefent Day have been introduced, which will beealily found in the general Contents, and in the Index. Unwilling, therefore, to defcend to Par- ticulars, we Hiall only mention the lail Regulations of the Corn Tnulu, and the lateA Decifions upon that moil important Concern, the Circulation of /kixmnioda" tim Bilk oi Exchange, with iidiitious EndorfcuiteiiU. ..t ■.<,.... -.,, i\.< Li). ', .'r.V ■,ii(!njr;f •>iii nu ii>! iiK.'l •)'' lltJirt To the Lift of modern commercial Writers, ■ mentioned in the laft Edition, as having afforded great AlTiftancc to the Editor, huJuis now toadd tJi(; new Kilitiuii oiCooke's Bankrupt haws. The 'Reports of Ciijis aJ/uJ^:! in t/'e Ccrirl ofCljuiicrj ly JVilliam Broiiin, Ffq i down to Xid Trinity "Term 1791. Kytl's '■i'rt\:t:ji on the iuOio of Bills of. Exchange u\^ Fromijj'ory Notes. The Term Reports, &i . From iill thefe Compilations, he has extra(fled whatever was ell*enti.il to complete his own J and always with a candid Acknowledgement of the Oblig.ition j a fair PraAice, which he takes this Opportunity to recommend to thoic, ^vho have moft copioufly borrowed from the every Edition of Lex Mi^rcatoria, without any Reftridtion on the Part of its refpedable Proprietors. '.•;•*( A new Arrangement was judged necelTary with Refped to the Cujloms, which -'* " ♦ranfpofed to theClofeof the Work, with a View to annex further Regulations <» ' vcinment, which have been daily expeded. ;, :;.•; •iv . hoW-.. iMnally, as the public Funds are now generally con (Idered Jo be the Barometer of our national Profpcrity, which is reputed to incrcafe or decrealb, as they rife or fall in any great Degree j and moft of our Merchants are deeply inteiefted in them, for themfelves, and their foreign Correfpondcnts, the laft general Statement of them, as delivered into Parliament, forms one very important Article of the Appendix. ' '.vioKiqA iM-in-v- »v :JoJ m iM- London, January \Jl, 1792. . ; s .. - ... -..^ .^,.:..: 'Jiv:?^;'! ;'..*irr'i:- T. M. ^l.^'-.^t. ,..f -■■.• ;. r-i) 4U.., u. ■ ■-.•'«■■') ^ m:!, 1» m <^ Banks ■.:. '. Of Bankers " .'■ . , OfUfury Of Contract, Bonds, and PromiJJhry I'^otet Of' Bills of Exchange 'i Of Brokers . " . Of the Par of Monies ' i^- .\ Of Arbitrations of Exchange ■ ■■ .. Of Bankruptcy, all the Laws of, with new Cajis to tjQt » Of the General Commerce of the fTorld O/" Great- Britain Ireland ' 6a6 & 71^ Of the Commerce between GTeit.Bnti\tiimJFr»nc9 , > . 631 Treaty of Commerce wit A Fnace 632 Explanatory Convention , 644 . .: , K Of 4^ 63 J33 144 148 ^57 162 167 224 226 229 236 257 269 270 271 276 277 ibid. 280 281 295 3°i 3'i ni 38J 40^ 411 4'7 426 .. 48$ -197 5' + 6a6 to bi^ I I C O N T K N r S. 1^0 ."?: 0/ ihc Commerce bctKi'en C:ciX-\inlw\ Mtl WuWwnA ,■ ., .,|, (Jcrinaiiy ,^j ,^ Spain ' '•■;' Portugal Great-Britain's Traiie 'with Italy, incluillii^ uruLr this Dencmlnathn Venice, Naples, <;W Sicily, Rome, Cicnoa, Leghorn, Ancona, &<. Of the Trade carried on hy Great-Britain ivith Turkey and Barbary Africa ■",,, Alia O/z/icEaft-India Company ^ 0/ the Sii\xth-Sc-A Campuny Of the Hudlbn's Bay Company Of the General Commerce o/"Amcrica ivith Great-Britain arid other t^iiiioi:s 'treaty of Peace and Friendjbip heturcn his Bntannit Miijejiy and the United , States o/" America Georgia . • ' , . Carolina '"' " ; , .• Virginia " '-* ' ,. Maryland New- York ^ , , Pcnfilvania ', ' . s'..\ . -' » , T/.c-Jerltys ^ .:. ; ,^ New-England > Nova-Scotia Cape Breton tfW St. John , ; Canada Barbadocs St. Chriftopher's, Nevis, or Mevis, and the other (C\xt\hhcz IJljnds Jamaica ,s The hucAyos, or Bahama ^Ci The Bermudas, or Summer IJlands Newfoundland An Account of the Trade between Great-Britain and RulTla, carried on by /ZifRuflia Company Of the General Commerce o/" Great-Britain, Denmark, and Norway, Sweden, Poland, Pruflia, and the Auftrian Nctlierlands France Spain " '■' Portugal • Italy ^^>';'.. ■'i' Africa ■ , ., " ' ■ AHa .:' America Of the Levant Trade, and that on the Ccaf of B^ithiTy Of the Trade fC;\hu, Alexandria, aWRofetta /'« Egypt Of the Trade of the Archipelago • Of the Trade pftk' African Coafti , • . \ OftheTradefthekinc'iM.lJlanda ' '' ". ^,, ^ Of the Trade jf the Canary IJlei . ' ,_^ ,' O/" Arabia ' .'"' Of the Trade of the GulfofVerin f.. , Of the Inland Commerce of Vetdi. *, Of the Commerce of Great Tartary Of the General Trade of the Eaft-lndie» Of the Commerce of theCoaJis o/" India Of the Commerce o/" China Of the Trade of the IJlands ofhfia. Of the Trade o/' Sumatra Borneo, Crimati, orCriniatiA '*^*i^,; ■K ■Sk-' 6 647 (h; iiiiii. 658 662 663 667 678 679 to 6H7 68S ibid. 689 ibid. 69? 698 699 70O ioicl. 701 ibid. 70* 794. 706 ibid. 707 708 709 7IO ibid; .712 ibid. 7H^7«5 721 739 74. 74i 770 788 847 75B & 769 76* 768 77« 783 786 789 791 793 796 80Z 807 821 830 836 ^/ CON! I. N T S. 833 P9 '4- ^3 }9 )i P7 !I r if Of the Molucca, or Molucquc IJlands Of tk' ip^ -J UmiXx OJ AmWtvwx 0/'//if Philijipints, or Manillas Of the yics oj •Tk'hvcs, sr Ladroncs Of the Ifiei «/' Japan or Jnpoii C5/'//',' '/;■»,/■■ ^/Jciro America, O'l^i; /,//'''/( vi/ i the North Sea Of the Trade 'jf the SpanKli American Coiijh In the South Sea Of the Trade •;>/ Frcncli America Commerce of Portuguclc America Of the Trade if 1 loUand with the North o/" Europe Concerning the Trade of the North and the Bultick Sea Of the Commerce of Denmark Concerning the Sound ' . OftheTradeofNoTWAy Of the Trade o/"Courland, Pruffia, an,l Pomerania 0/ the Commerce cf Livonia, and its principal Cities Of the Commerce carried on b No. IV. State of the National Debts, Annual Inter ejl and Charges of Management to January 1. »79i. , . 1014 The 841 ibid. 843 844 845 846 847 849 852 857 858 8^9 862 863 864 873 880 882 883 885 888/089; 896 ibid. 897 899 900 910 912 915 916 ibid. ibid. 919/(3 930 930 to 943 - 944 945 is-- ^^v;v^i\a:>i^ Kv -uJ /V % .1 4'.'; ; '! t,« .i ,:): i ' ■^*/';i.' ■ '1^ I f flf r« r^-it1^?'Uf[ to^asD /?x *^T :••;'■, isjC^'.-t^/'v '. -«rf'»^ *. .<«^>j 'r -.''.iirjtU*'- > hix" i»^je«^ I >-': *H'^f .3s'i«T^;>--5jt.»^- if -.f ^' » st'^t .-.1 t J ,\),'\ '- .V A :J3f. ^^7 ,^fc * ', ttlVif! 1j >ri." 4>^-K'J J' .*m^j' -Ui i^ - , _^. -x *.2?*#> VT ■e «.i.i - ■) . ft ^-t A N HISTORICAL DEDUCTION OF TRADE AND COMMERCE, FROM THEIR ORIGIN. IT is cflcntiallv ncccflary for the better undcrftandiiig of this hiftorical Dcduiftion, that wc Ihoulcl define' the Diftindtion between the Terms TRADK and COMMHRCK, according to their general Acceptation at tills Day throughout the merc,;ntilc World. Trade is that Kind of Tratfick which is carried on between the Members of any Community, i^rcat or fmall, inhabiting the fame Country j wherein Exchanges arc made ot one Commodity foi another : In which Cafe, the Trade fo carried on is ufuully called Barter ; or Wherein Purchafcs of Commodities are made from tich other, through the Medium of Money, or its, Reprefenta- tivcs liills. Notes, Bonds, and other Paper Securities. Commerce is that (ntcrcourfe with foreign Nations, which is carried on from ^Int Country to another by Means of Navigation j cither for the Ex- change of Commodities, or for the Sale or Purchufe of them, through the Medium •f Money. Commerce then, has its Bafis in Navigation, and is fup- portcd by Exports and .Imports, whereas fimplc Trade may be tranfadted independent of thcfe Elements of Commerce, and herein (hicHy confifts the Difference. Trade is almoft as old as the Creations a very 'mall Increafc of Mankind proved its Ltility, and demonftratcd the natural Dependence our Species had upon one anothpr : Their Occupations were, by the wife Difpofition of Provi- dence, fuitcd to their Wants; and the diligent Difcharge of the one, by his Blefling, rendered furHcient to fupply the moderate Cravings of the other; and though Tilling of the Earth, or i'ecding of Flocks, were the fole primevous Labours, yet, limited as tliey were, they could not be exercifed by the firfl Race of IVIen with that Comfort their gicat Creator defigned them, without a mutual Corrcfpondence and Traifick, as tlie Hulbandman's Subfiftence would have been poor without the Gralier's Help, and the latter's comfortlefs, under the Want of Corn, Fruits, and Pulfe to his Milk j this led them to an Ex- change of Commodities ; and thus Trade commenced in the Infant World, and fo contmued whilft our Progenitors could content themfelves with thefe Riches of Nature, and were not obliged by a growing Pofterity, 's. alter their Method in difpofing of them. But when this became the Cale, !' ving and felling tlirough the Medium of Money was invented and adapted i.- _,ieu of Barter by moft Nations, and Commerce has been fo handed down to us, with the Exception of thole Savages to whom the Ufe of Coin has hitherto re- mained unknown, and whofe Traflick is ilill carried on in its primitive Way, though not always witli its native SixnpUcity. B But AN HISTORICAL DEDUCTION OF TRADE But before this Alteration, occafioncd by the great Increafe of Mankind, their Dflires \vere cafily fatisfied, as their Wants were the Boundaries of than s they contentedly made the Fleece of their Sheep ferve them for Cloathing, and their Hunger found a ready Supply from iheir Gardens and Flocks ; a neighbojir- ing Spring (lacked their Thirft ; and a Tree, or a Tent, was futficient to defend them from the Inclemencies of Weather, in thofc Climes where the firil Race was fettled. Their Labour procured them a Hitisfadlory Support, and the Pro- ducts of the Earth and Cattle fupplied them with the common NecelTaries and Comforts of Life ; till the Contamination of Vice introduced Fraud, and this gave Birth to Avarice and Violence j the Stronger began to invade the Weaker, and as feparate Property could only be maintained by Force and Policy, Cities were built, and Governments formed ;- and when by this Me;ins an aggregated Number fwelled to too great a Magnitude, to have their Neceflities fupplied by neighbouring Territories, they were compelled to feek for remoter Helps, by Commerce, deftroying thofc halcyon Days, pregnant with the Blcflings of f Icaltii and Peace, by the Introdudion of Luxury and Excefs, which I'prcading in Pro- portion to the Extenfion of Commerce, carried with them a long Train of Mil- chiefs and Difeafes, quite changing the Face of the primeval Golden Age, fo replete with Quiet and Tranquillity j Diflemptrs and Difquiets flowed in from this Defedtion ; and our unhappy Forefathers no fooncr quitted the Rules of Abftinence and Moderation, than they found this Deviation and Change pro- dudive of a thoufand Ills, deftrudtive to the Eafe both of Mind and Body. But tiiough thefe were the fatal Confequences of Commerce abufed, yet the Growth of Mankind, and the peopling thereby of different Parts of the Earth, rendered the Continuation of it ablblutely necefliiry for their Comfort and Support ; and Life itfelf would have proved burthenfome, without this Intercourfe of mutual Afllftance, which, in Procefs of Time, encrcafing as Mankind did, and Men's Views and Defigns being extended in Proportion to their Dclires, Commerce was no longer limited to the proviuing the Neceflaries and Luxuries of Life, but Profit was fought in, and became a Motive to the carrying it on ; which, however, might occafionally have /iroffw/f^ botli Unity and Cha:-ity among Men, had the Correfpondence been conduded with th.t Sincerity it ought J and by this Means might have been rendered produftive of thofe reciprocal Benefits and Advantages, that naturally accrue from the fupplying the Wants of one Country, with the Superfluities of another. And though the Degeneracy of Mankind has prevented the firfl Principles of Commerce leading to Happinefs having the intended Effed, by intermixing Cozenage and Deceit in their Dealings, and, for many Ages pall, has made Ambition and Avarice the chief Motives to the Continuance and Extenfion of Commerce ; yet thefe finifter Defigns have accidentally proved very beneficial to latter Ages, as it is probable, that without fuch Excitements, the greateft: Part of the World had flill remained unknown to us ; but, pufhed on by the Defire of Gain, in order to fupport the one and fatisfy the other. Men liavc made many Difcoverics which lay hid for Ages, difregarding the Rifks they ran, and the Inconveniencies they fuffered, whilfl th^y confidered themfelves iti the Road to Riches and Preferment : The pleafing Profpeft animated them to frefli Engagements, and the SuccefHon of thefe opened to us the wide Field for Commerce that now lies bc'")re us ; whatever then wcfc the Motives to the daring Enterprizes of former Ages, we of the prefent are generally indebted to tlic Undertakers of them, for many of the Comforts and Convcniencies of Life. And my Defign in the Remainder of this Chapter being to fhew the Advantages wc receive from their Labours, and to deduce the Growth and Progrefs of Commerce from the Imall Beginnings I have mentioned, I fhall point out the beneficial Influence it always had, and flill has, on human Affiiirs ; and fliew that all Nations have incrcafed in Strength and Power, or remained weak and abjedl, in Proportion as they have encouraged or negledted Commerce j which is now become an univerfal Inftrument that offers itfelf to every one, for the Improve- ment of his Fortune, and from whence the mofl flourifhing States derive their Strength, Sovereigns their furcfl Revenues, and private Men the Eflablifhmcnt of their Families in Eafc and Splendor. Whoever AUTi COMMERCE, FROM THEIR ORlGtt/. i Tyriaws. Whoever rjns over all the Ages of the World will find, that the HiftorieS, even of the moft warlike Nations, will furnifh him with more interefting Accounts of their Commerce than of their Conquejis. If the greateft Empires were cftablifhed by Valour and the Force of Arnis» they were made firm, and fupported, only, by the Succours, which Trade, through the Labour and Induftry of the People, furnifhed them with j and the Con- querors would foon have languiHied, and periflied with the Conquered, had they not, as the Scripture expreffes it, converted the Iron of their Arms into Plough- fhares, and had Recourle to Riches, which Agriculture, ManufaSiures, and Com~ . merce produce, in order to preferve and improve, by the tranquil Arts of Peace, the Advantages acquired in the Horrors and Tumults of War. In Proof of the above general Aflcrtion, of the Utility and Excellence of Commerce, let us look back into the firft Ages of the World, and bring the Hiftory of it down to our Times. Monf. HuET *, the learned Author of that excellent Book, entitled, A Hijlory of the Commerce and Navigation of the Ancients, feems perfuaded, that the Phenicians were the firft Navigators in th^ World ; though many think the late ingenious Dr. Garcin, better founded inafligning it to the Arabians, in the little Tradt he communicated to the Publick on that Subje(5t. I fliall not prefume to . _ ofltr my Sentimeiits. on fo intricate a Subjeft, after what has been advanced by thofe learned Authoi j, but flinll lay before my Readers the Reafons they affign for their different Conclufions, from which they may draw Motives for fixing " their own Judgement, on the Side they think moft agreeable to Truth. I Ihall begin with the Opinion of the firft of thefe great Men, and conclude with that of the latter. The Phenicians, whofe Capital was the City of Tyre, are the firft that Commerce prefent themfelves on examining the Hiftory of the Ancients ; and they will fuf- °' ^"^ ficiently prove, to what a Height of Glory, Grandeur, and Riches, a Nation is capable of attaining by the fole Refources of Commerce. Thefe People, according to Huet, only occupied a narrow Border along the Sea-Coaft, and I'yre itfclf was built on an ungrateful barren Soil, which, when moft fruitful and produdtive, was infufficient to fupport that great Number of Inhabitants, which the firft Succeffes of Commerce had brought thither. Two Advantages, however, indemnified this Defeft ; they had excellent Ports on the Coaft of their little State, particularly that of tlieir Capital j and they were born with fo happy a Genius for Commerce, as to be commonly affociated with the Egyptians, in the Honour done thefe latter, by fuppofing them the In- ventors of Naval Commerce, particularly that of long Voyages. The Phenicians knew fo happily how to profit by thefe two Advantages, that they foon became Mafters of die Sea, and of Commerce. Lebanon, and the other neighbouring Mountains, furniftied them with excellent Wood for the Con- ftru(^ion of their Ships j and they had in a ftiort.Time numerous Fleets which ran the Hazards of unknown Voyages to eftablifli their Commerce j and their People multiplying almoft to Infinity, by the great Number of Strangers, which the Defire of^ Gain, and thf! fure Occafion of enricliing themfelves, drew to their City, they found themfelves in a Condition to fend out many Colonies, particu- larly that famous one of Carthage, which preferved the Phenician Spirit of Traffick, and did not yield to Tyre itfelf in its Commerce, whilft it greatly fur- pafled it in the Extent of its Dominion. The Degree of Glory and Power, to which the Navigation and Commerce of Tyre had raifed it, rendered it fo famous, that the Report of prophane Authors would hardly be believed deftitute of Exaggeration, had not the Prophets them- felves fpoke of it with ftill greater Magnificence ; fo that the Defcription of its Grandeur, of its Forces, and the almoft incredible Number of its Veffels, Merchants, and Merchandizes, makes one of the moft beautiful Paffages in the Prophecy of Esi.ekiel, which could not poflibly be forgot, when we are fpeaking of tne Excellence of Commerce, and its Splendor. The Prophet IJ'aiah likevtrife iaysi That Tyre is the common City of all Nations, and the Centre of all Com^ Formetty fiilhjp of AvraHcbii ot^SoiJini in franct. merce. AN HISTORICAL DEDUCTION OF TRADE merce ; and in a Word, is the Queen of Cities, whereof the Merchants are Princes, and which has for Traders the moft ilhiftrious Perfons of the Earth. Such was the ancient Tyre, wlicn fhe fell, or funk, under the Anns of Nebu- chadnezzar, after a Siege of thirteen Years. It is true, that Providence had fecured an Afylum and Refourcc to the Inhabitants of this unfortunate City ; for the Tyrians, during fo long a Siege, had both the Precaution and Time to fortify a neighbouring Ifland, where they eftabliflicd their maritime Forces, and where their Merchants retired with their Stores and Merchandizes^ and there continued fo flourifliihg a Traffick, that the taking and ruining of their firft City, did not deftroy their Empire of the Sea," nor the Reputation of their Commerce. Tt was this new City of Ijre, whicli, trufting in its Riches and Puiflancc, dared afterwards to refift ALxuiuicr the Great, already Mafter of one Part of AjUi, and had like to have interrupted, for feme Time, the Courfe of his Viftories j but in Reward for its Temerity, it was entirely deftioycd'by the Conqueror ; and, to the End there might remain to it no Hopes of being a fecond Time reflorcd, he removed its Marine and Commerce, transferring them to AkxatuUiii, a new City that its Founder intended to make the Capital of the Empire of AJi-i, of which he then meditated the Conqueft. CoMMERCs Whilfl: the old and the new Ty<-c experienced thcfe great Revolutions, Car- Cakthagi- tkage, a Tyrian Colony augmented its Forces by Commerce, and thus became MiANs. enabled to difpute witli Rome the Empire of the World. Thofe ntvf Africans foon reaped the Benefits, which the happy Situation of their City offered, and profited by the Genius for Navigation and Comi«erce, which they had brought with them from Phetiicia ; they made cheir Fleets and ; Merchants pals on one Side to the Ocean, beyond the Pillars of Hercjila ; and, on the other, along the whole vveflcrn Coaft of Europe ; and, if fomc Authors may be cretlited, their Pilots and their Merchants even h: d the lioldnefs, or good Fortune, to be the firrt that penetrated as far as the e unknown Lands, the ■ Difcovery of which, many Ages afterwards, has don, fo much Honour, ami brought fo much Profit to the Spaniards. The Carthaginians, totally occupied in their Commerce, never thought, till too late, to avail themfelves of the immenfe Riche;;, which they had amafl'ed by this Means, to extend their Dominion abroad j however, their being unfeafonably tired of their pacific State coft them dear. Their City, which Commerce had peopled with above feven hundred thou- fand Inhabitants, was foon deferted, to furnirti their Armies with Troops and Recruits. Their Fleets, accuftomed folely to carry their Merchants and Mer- chandize, were now on!^ 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 J'liftrefs of the World. The renowned military Exploits of the Carthaginians in Sicily, Sardinia, Spain, and particularly //<7^, under the famous IIaxnibal, and alio the Dif- order of their Affairs by the Vidtories of the two Scu'ios, are Fadls well known, and arc of too little Import to the Matter of which we treat here, to call for any Detail of them. I Ihall, therefore, only add, that Commerce had raifed Carthage to fo high a Degree of Riches and Power, as obliged the Romans to carry on a cruel and doubtful War for fifty Years, to fubdue this Rival ; and, in fine, triumphant Rome believed llie could not entirely fubjugate and reduce her by any better Means, than cutting off thofe Refources which flie might yet find in Com- merce, and which, during fo long a Time had fupported her againll all tiic Forces of the Republick. It was, in EfFert, that Refolution of the Senate which decided the Fate of Carthage ; and the Carthaginians themfelves were fo terrified, that having . apprehended by this Dcfign, they fliould be obliged to give up tlieir F'lect, anl to retire inland five Leagues from the Sea, they chofe rather to ex}K)fe them- felves to the Hazards cf the third Punic War, fo fatal to them, than to renounce fo cafily the only Hopes that could remain to them in their Misfortunes, and voluntarily confent to fee their Commerce pafs to Utica, where they knew the Romans, to atchieve their Ruin, propofcd to transfer it, as we have laid Alexander 3 did AND COMMERCE, FROM THEIR ORIGIN. did that of Tyre, to the new City he had given his Name tc, when he deter- mined to punifli the Tynans for having dared to retard his Conquefts. Alexander lived too ihort a Time to be Witnefs of the happy and flourifli- ini; State, to which Commerce would elevate this laft City. The Ptolemies, who, after his Death, had Egypt for their Part of his Conquefts, tooic Care to I'upport the Infant Trade of Alexandria, and foon brought it to fuch a Degree of Pcrfedtion 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 re-affembled to them the Comnn-rce of all other Nations. The rapid Succefs of the Commerce of Alexandria, ought not to occafion much Surprize, when Reflection is made on its happy Situation, which rendered it lb commodious to be the Depofitory of all Merchandizes from the Eaft and Welt J and to maintain the Empire of the Sea, the fureft Means of furpaffing all other Nations in Wealth and Power. This famous City had on one Side a free Commerce with Afia, and all the Eaft, by the Rid Sea -, the fame Sea and the Nile gave her Entrance into the vaft and rich Countries of Ethiopia. The Commerce of the reft of Africa and Europe was open to her by tlie Mediterranean ; and, if flie would carry on the interior Com- merce of Egypt, (he had befides the Convenience of the Niie, and Canals made by the Hands of Men, Works immortal, and almoft incredible, of the firft Egyptians, witli the Advarnage of Caravans, fo convenient for the Safety of Merchants, and for the Tranfportation of their Merchandizes. Add to theft", a large and iiife Port, .where foreign VelTels arrived from all Parts, and whence departed inceffantly the Egyptian Velfels, which carried tlicir Mer~ chants and Commerce to all Parts of the then known World. It was this Conveniency of depofiting Merchandizes at Akxandrm, that fpread through all Egypt thole immenfe Riches, which rendered their Kings futficiently powerful to fupport themfelvcs, for more than a Century againft the Romans, who end tv'oured, from Time to Time, to fubdue fo fine a Kingdom : Riches fo coMliderable, that Hiftorians affirm, that the Produdt only of the Cuftoms of Importation and Exportation, upon the Merchandizes that pafl!ed the Cuftom- Houll-s of Alexandria, amounted annually to more than thirty Millions of Livres, or about 2,250,000/. Sterling, though the major Part of the Ptolemies were moderate in the Imports which they laid on their People. Before the Battle of ASlivm, the Romans had always found, in the Spoils of the Nations they had fubje(fted, from whence to fill the Treafury cf the Republick, and, at the fame Time, to furnilh a Sufficiency for the Expences, in which thtf Plan of an univerfal Monarchy continually engaged them. Theie Relburces beginning to fail the; ., the Commerce o( Egypt feemed very proper to fupport, by its Riches and Credit, the Reputation and Empire of Rome, From the Time that Augustus had reduced this Kingdom to a Province, he earneftly endeavoured to make the Commerce of Alexandria flourilh more than ever, and at the fame Time he augmented that whicii the Egyptians had carried on in A^aiia, the Indies, and to the moft remote Parts of the Eaft, by Way of tiic Red Sea. ' '. ' Alexandria become Roman, was only inferior to Rom: ittelf, in Crandeur and in Number of Inhabitants. The Magazines of the Capital of tlic World were no longer filled but with the Merchandi^'s whicli tame t<4' it from tiie Capital of Egypt ; and very foon neither Rome, ncr ali Italy Ibbflfted, out by the Corn and other Provifions brought to it by the Merchants and by Egyptian Fleets ; and that info great a Quantity and Abundance, thati;J^('^/>r// affirms, though doubtlefs with fome Exaggeration, that Alexandria yielded more Riches to tiie Treafury of Rome in one Month, than all Egypt in a Year : Though, if Pliny's Calculation is to be credited, the Profits of the Commeree of Egypt amounted yearly, for Rome^ to 125,000,000 Crowna, or about 08,7 2 5,000^ Sterling, thAt is to fay, a hun- dred I'imcs more than the Romans employed, whof': ortUnaiy Expences did not amount to above 1,150,000 Crowns. This great Commerce, which foon caufed that of all the other Provinces of the Empire to flourifli, augmented inceflantly, and made the Senate determine to maintain it, by the Corporations .1 eftabliflied in Rome, for Trade and Traders, '• . ^ by CoMMIKCI OF THI EorrriiiNt. CoMMtRCC OF THt ROMANI. COMMCRCK OF THE Cavls> AN HISTORICAL DEDUCTION OF TRADE. by the Laws which it made in their Favour, or rather by thofe of the R/jod/ai:', which it adopted, and which are long fince become a Part of the Law of Nations, for the Navigation and Commerce of the Mediterranean, by the Magiftracy if. charged with their Execution, and by the Protcdtion which it afforded to Mer- chants, as wtU Strangers as Romans, throughout the Empire. Alexandra, notwithftanding, had, in the End, the Fortune of Tyre and of Carthage. Commerce had raifed her, and the Fall of her Commerce overfet her. The Saracens, who feized on Egypt in the Reign of Heraclius, having by their Ferocity driven away the Merchants, who love Tranquillity and Peace, this City, which then held the firft Rank after Rome and Conjlantinople, hardly prelerved any Thing of its ancient Splendor ; and though it afterwards regained fome Vigour under the Sultans, and enjoys the fame now from the Chriftian Nations which carry on the Commerce of the Levant, it is, however, no longer poilible to know again that ancient Akxandria, once fo famous, and which by its Commerce was, for fo long a Time, the Glory and Support of an Empire, that, in Truth, was founded by Arms, but received its principal Strength from Commerce. Before we proceed to treat of the Commerce of the Moderns, we will yet add fome Examples of the Gallick Cities, which were formerly rendered famous by the Enterprizcs of their Merchants. Marjeilles, the moft 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 Colonies it eftabliihed, 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 ; and it was folely by the Means of Commerce, that it arrived, in fo fhort a Time, to that high Point of Refped and Power, which rendered it for a long Time, the Arbitrator of the neighbouring Nations, who were drawn there to learn the Arts and Politenefs ©f Greece, which its firft Inhabitants brought from Ajia, when they left it, to fettle among the Gauls. The Example of Marfeilles ibon animated the greateft Part of the Gallick Cities to engage in Commerce, more efpccially thofe that were fituated upon the £une Sea, or that were not far diftant. Aries became famous for its Experience in Navigation, and for its Ability in the Art of building Ships. It likewife diftinguifhed itfelf for the Invention of divers Manufacflures, and above all, its Works in Gold and Silver gave it a great Reputation. Narbonne even yet exceeded Aries, and, fo long as its Port exiftcd, it faw Fleets arrive from the Eaji, from Africa, Spain, and Sicily, laden with all Sorts of Merchandize ; whilft tJiC Inhabitants on their Side equipped their own Ship* to carry abroad the Products of their Country, or the Manufedtures produced by their Induftry. When the Alteration of the Courfe of the River Aude had occafioned it» deferting the Port of Narbonne^ Montpellier took the Advantage of that Change, and this la ft City received in her own. Ships from all Parts of tlie Mediterranean, which arrived before in that of the firft mentioned. There was yet reckoned among the Number of the French Cities, fituated oa this Coaft, which Commerce had rendered ilouriiiung, though in a very inferior Degree to thofe juft now mentioned, Agde, Tovion, Anteb. :, Frejus, and Ague- Mortc, particularly the laft, before the Sands of the Rhone had left it at a D'li- tance from the Sea -, and no one can be ignorant, that even in the Time of St, Lewis, this was the Port where the Embarkations were made for the holy Wars, and that it was the Merchants of this Place who furniihed that Monarch with the greateft Part of the Shipai that compofed the numerous Fleet which he fitted out in the laft Years of his Life for his Expedition againft Tunis. The Gallick Ocean had like\vile its Ports and Cities iot Trade, of great Re}.utation j as Bourdeaux in Guyenne, Vannes and Nantes in Bretagne, and the famous CerbiUoHt now unknown, which Strabo places near the Mouth of the Ltirt, U AND COMMERCE, FROM THEIR ORIGIN. . 7 Itt hue, in the inland Country was Lyons, a City at tliis Time famous for its Trade, where, if we may believe fome Autliors, there formerly aflcmbled no lefs than futy Nations to treat of their Commerce, and which, from that Time, by its happy Situation at the Confluence of the Rhone and Saone, extended its Intercourfe from the Ocean to the Mediterranean, and was become as a general Staple or Storehoufe for all the French Merchandizes, without reckoning the . • Commerce which (he carried on in all the Levant, and particularly in Egypt, by Means of the Corrcfpondencies which (lie had with Aries and Marfeilles. Let us now pafs from the ancient Iliftory, to thofe of the middle Ages and '*,Vhm'^*.' latcll Times, and thefe two Hiftories will furnifli us with Fafts, which will ot not be lefs intercfting, nor lefs glorious to Commerce, tlian thofe of which C^'MtRCE Antiquity has taken Care to preferve to us the Memory. wJj'tI Though the Romans, as we have feen, cultivated and improved tlie Commerce of Egypt, after that Country became one of their Provinces j yet in general they were not a People pofle(rmg the Spirit of Commerce, they rather fupplied the Want of native Induftry by their attachment to military Glory, and they pro- vided themfelves with the Luxuries of other Nations by conquering and plunder- ing tliem. The Accounts of the immenfe Trealiircs they brought home, after fubduing the richcft Countries of the then known World, alnioft furpafs tlie Bounds of Probability j but they are fo well authenticated, that they muft find a Place here as Memorials of the Splendor of ancient Rome. "Julius Cafar, upon his Conque(l of Gaul, Africa, Egypt, and Pontus, is faid to have had at one Time carried before him in his Triumph, Ve(rels of Gold and Silver, computed by modern Authors to have been equal in Value to twelve Millions Sterling, which were depofited in the publick Treafury j alfo 1822 Gold Diadems, weighing 15,023 Pounds, independent of the vaft Treafure which belonged to him as General. Their Pro-confuls were likewife continually fending or bringing home, from the conquered Provinces of the Eaft, immenfe Riches in Gold and Silver, precious Stones, and every Article rare or excellent for Cloathing, Furniture, Tables, and Equipages, and for the Decoration of their publick Buildings. The Palaces, Eltates, and Revenues of many of the firft Citizens of Rome equalled thofe of Sovereign Princes. Lentultis, Crajfus, and others had Eftates worth three or four Millions. The Emperor Nero's Dona- tions at fundry Times are by fome computed to have amounted to 17,760,000!. Sterling ; and it is recorded, that he paid for a liiigle Carpet the Sum of 32,00c!. Some Roman Ladies are faid to have paid 3,000!. for a (ingle Piece of Linen ; and Lullia Paulina, when drefled in all her Jewels, wore to the Value of 322,000!. Sterling. Yet thefe immenfe Luxuries not being employed in ' Circulation, through the various Channels of Commerce, were in a great Degree to he con(idered as a dead Stock locked up in the Houfes of Individuals ; and as the Sloth, Luxur)', and Effeminacy of the Emperors, the Magiftrates, and the People increafed with them, it was foon found by fad ^'xperience, that the Empire could not fuilain the vaft Expence of her civil and military Elbiblifh- . ments without Induftry, without Manufadturcs, without Trade, to liipport general Commerce. Its DiiTolution was the Con(equence of Relaxation from the Principles of Induftry, Sobriety, and Oeconomy, the Balis of the durable Profpcrity of Commercial States. Tne Fall of the Roman Empire drew after it that of all the People who had fubmitted to it. The Inundation of the Barbarians, fo fatal to the Sciences and polite Arts, was not lefs fo to Commerce j and, if the Learned (aw their Libraries, and the fineft Works, facrificed to the Flames, by People equally brutal as ignorant, the Merchants had not more Power to fave from their Fury, either their numerous trading Fleets, with which they covered both the one' and the other Sea, nor the vaft Magazines, "hich they had always full of the moft ufeful and rich Merchandizes. So that whilft thefe fierce Nations, were fighting with the Romans, or whilft they were difputing among themfelves the PoffelTion of the Countries they had ufurped, all their Commerce confifted only of the Spoils of the Vanquiflied ; and they had no other Trade than the (haring of thofe immenfe Treafures, they found amafHtd in all the Towns of the Empire, which they facked, and par-< 5 ticularly Commerce «f THE Vt.VETI*Xa. > I •■ AN HISTORICAL DEDUCTION OF TRADE. ticularly in the Capital, which was more than once expofed a Prey to their Fury and Avarice, But after the braved and mod fortunate of thefc Barbarians had formed powerful Monarchies from the Ruins of the Roman Empire : When they were eftablilhed, fomc among the Gauls, as the Franks ; others in Spain, as the Goths i and others in ItiHy, as the Lombards -, they foon learnt from the People they had fubjedted, and with whom they afterwards alfociated, the Neceflity of Commerce, and the Manner of carrying it pn with Succefs ; and they became fo Ikilful, that fome of them were in a State or Capacity of giving LefTons to others ; for it is to the Lombards that the Invention and \Jk of Banks, of Books with double Entries, of Exchanges, and a Number of other ingenious Practices, which facilitate and fecurc Commerce, are commonly attributed. It does not appear very certain who were the People of Europe, who, after the new Mafters had divided it, and reftored Peace, applied thcmfelves firft to Commerce, and made it Hourifh. Some Injunftions of Charlemagne, and of Louis le Debonnaire, might make it believed, that it was by France that Commerce re-eftablifhed itfelf in the Wejl, and the Laws that thole two Princes made, either to hinder their Subjefts from a contraband Trade with their Neighbours, or to cafe the Merchants who trafficked in the interior Parts of their Eftatcs, from the new Impofitions which they would have laid on their Merchandizes, at leail rtiew that the French, before the eighth Century, did not carry on an inconfiderable Trade, either within or without the Kingdom. There is, however, an Appearance, that the Civil Wars, which were fo fre- quent under the Reign of Debonnaire, and during that of his Children, foon interrupted the firft Succefs of Commerce, revived in France, and the Incuriions of the Normans, who, almoft at the fame Time, laid wafte the French Empire, having entirely dcftroycd Trade ; the Italians had a Jundture to acquire the Gloiy 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 dilinem- bering the Roman Empire. It is tlierefore to the People of Italy, particularly to thofe of Venice and Genoa, tliat the Re-eftablifliment of Commerce is indebted j and it is alfo to Commerce that thefe two famous Republicks, which have been fo long Rivals, owe "heir Glory and Power. In the Bottom of the Adriatick Sea, there were a Quantity of fmall marlhy Ifles, feparated only by narrow Canals, but covered and Ictured by divers Moralles, * which rendered the taking them almoft imprafticable. Here Ibmc Fifliermeii retired, and lived on the fmall Traffick which they inade with their Filh, and the Salt they drew from the Ponds on ibme of thefe I lies. It was thefe Ulands which ferved for a Retreat to the Venetians, a People of that Part of Italy iituated along the Gulph, when Alaric King of the Goths, and afterwards Attila King of the Huns, came to ravage Italy, particularly after the laft, who highly merited the Name of the Scourge of God, which he gav« himfelf, had taken Padua and Aquila, and reduced them to Afties. Thefe new Inhabitants of the Moralles did not at firlV compofe any Body Politic, but each of the feventy-tvvo Ifles of this little Archipelago had, for a long Time, their proper Magiftrates, and, a Kind of feparate Sovereignty. When their Commerce became fo flourifhing as to give Jealoufy to their Neigh- bours, the Venetian IJlanders thought of forming themfelves into a Republick, and it was this Union, firft begun in the lixth Century, but not perfefted till towards the Middle of the eighth, which laid the moft folid Foundations of the Power and Commerce of the Venetians, particularly that of the laft, which, during more than four Ages, had not its Equal in all Europe. Before the Union of the Illes, the Commerce of their Inhabitants fpread but little beyond the Coafts of the Mediterranean -, but tlie EftabliHimcnt of tlie new Republick having given Courage and Strength to their Merchants, their' Fleets were in a fliort Time fcen to vifit the moft diftant Parts of the Ocean, and afterwards thole of Egypt ; and by the Treaties made with tlie Sultans, under the Pope's Approbntion, fccured the Article of Spices, and other rich Merchan- dizes ■I )Ut die icif' an, der in- zes AND COMMERCE, FROM THEIR ORIGIN (iizes of the FaA, which they were to purchafe at C-airo, a new City tiic SiirsCi'H PriiHes had built on the Banks of the Nile. The Riches of the Venetians increafed to fiich a Degree, by the Commerce witli Rgypt, tliat tliey thought themfelves ftrong enough to undertake fome Conqucfts, and to foriT., from the taking a Number of important Towns, what they called tlieir State of 'Terra I'irmd, which rendered tliem yet more confiderable in Itn.'y, though they loft part of it, after the famous League of Cambray. Animated by thefe firft SucceflTes, and fupported by the Refourccs of their Commerce, and by the inexhauftible Funds, which their Mercliants were capable of furnishing to the Treafury of the Republic, Venice happily carried her Arms yet farther, and extended her Conquefts on the Side of the Morea, and in many of the principal Ifles of the Mediterranean and Archipelago, whicli fhe fubjefted to her Dominion ; and, to complete her Renown, (he had a great Share in almoft all tiie Croifides 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 Conjian- tinople, and the Conquert of the beft Part of the Grecian Empire, which paft under the Dominion of the French Princes, in the Beginning of the thirteenth Century. Venice was in this State of Profperity and Glory wlicn (lie experienced the Lot of fo many powerful Cities, which the Fall of their Commerce had either ruined or weakened; (he found, in the Diminution of her own, the fatal Term of that Power which had given Umbrage to fo great a Number of Princes combined to her Dcibudtion, who figned the Treaty of Camhray in 1 508 ; and two of her mod celebrated Ilillorians take particular Notice that their fage Senate had not had f) mucli I'rouble to rc-eftabli(li their public Affairs after the fatuous Battle of Aignadel, but becaufe the Republic could not any longer find the flunc Relniirces as heretofore, in tiic Commerce of the Merchants, already greatly enfeebled by the Lofs of that of the Spices, which the PortugueJ'e had begun to carry from them, and whicli was alio diminillied from another Side by the Provincials, par- ticularly by thofe of Marfeilks, who became in greater efteem than the Venetians at Conjiantinople, and in the principle Sea-Ports of the Levant, and who knew fo well how to maintain their Credit, that very foon all the Commerce of thole Parts was carried on only under French Colours. Genoa, which had re-commenced an Application to Commerce, at the fame rime with Venice, and had not been in any Degree lefs fortunate in making it flourilh, was, for a long Time, a troublefome Rival, who difputed with the Venetians the Empire of the Sea, and who (hared with them the Commerce, they carryed on to Egypt, and all the other Ports of the Levant, and of the Weft. A Jealoufy was not long in breaking out, and the two Republics having come to a Rupture, it was not till after three Centuries of an almoft continual War, only fufpended by fome Treaties, that the Cenoefe, commonly fuperior to the Ve- netians, loft, about the End of the fourteenth Century, their Reputation and Supe- riority at the Battle of C/iMzzf^, where Andrew Contarini, Doge i^nA General of the Venetians, fecured to his Republic, by a happy Defperation, the Honour of an unequal combat, which decided for ever a Quarrel fo famous, and reftored to Venice the Empire of the Sea, and the Superiority of Commerce which were the Rewards of a Victory fo unexpected. Genoa was never able to recover its Lofs, and viftorious Venice enjoyed for 3 who'e Century its Advantages, both in Commerce and IVar ; but, in fine, thele two Republics, although very unequal for the Rank which they hold now in Europe, and for the figure they make, attained a Sort of p;quality in Commerce, with this Difierence, however, that the Venetians carried on a greater than the Cenoefe in 'ne Levant, and the Geneofe a more confiderable one than the Venetians in France, Spain, and other Chriftian States in Europe. The wild, enthuliaftic Expeditions of the Crufaders for the Recovery of the Holy- Land from the Saracens, in the Eleventh and following Centuries ; the Intro- dud^ion of the Dijtillery into Europe in the ticelfth Century j the Conquefts of the German Knights of the Crofs in Prujfia and Livonia ; all thefe Circumftances con- curred to the Revival and Strengthening of Commerce in the meridional Parts of Europe, But, above all, tlie Inftitution of a Society of Merchants in the North, D . which Commerce or THE GeNOESCi Commerce OP THE Hansfatic Towns. to Commerce OP THE Dutch. ■ M j i AN HISTORICAr, DEDL) "ITION OF TRADE which not only brouglu it to all the I'crfciJtion it v/:\s capable of Jiuving, befoi c flit? Difcovery of the Edjl and fVi-/l Indies, but alfo began to give it tbofe I-aws it h.is continued to obfcrve under the Name of Vji'< and tica Cujhms, and to form u Sort ofCoiic, the original of all thofe, which have been fmce made for Mrvritiine Com- merce. This Society is the famous Alfociation of tlie Haisfeatick I'oxcns, which is com- monly believed to have begun at Rremru on the JVijlr, in 1614. It was not at firft compofcdof more than the Towns fituated on the B,i!ticf; Sen, or of thofe that were but little diilant. Its Reputatipn and its Forces incrc.ifmg, there were but few of the trading Towns in Europe which were not defirous of en- gaging in it. France furnifhcd to the Confeijeration, Rouen, St. Malo, Kour- tieiinx, Bayotiue, and Marfeillcs -, Spain, lidrcehici, Seville, and Cadiz, Eng- land, London; Portugal, Lijbon; the Low Countries, Anvers, Dort, Amjlerdam, Bruges, Rotterdam, Ojlcnd, and Dunkirk; Italy and SiciLV, Meffimi, Livorno, and Naples. The End of the fourteenth Ccntuiy and the Beginning of the 1 5th were the moil flourifhing Times of this Alliance ; it was then it prefumed to declare War , againft Kings ; and Hiftoryhas not forgot that which it made againft IValdeinar, King of Denmark, about 1348, and againft Eric in 1428 ; particul.irly this laft, when the Hanfeatick Fleet was conipofed of forty Ships, with twelve ThoufanJ regular Troops, exclufive of the Sailors. The Policy of the Princes, whofe princip.il Towns had entered into this Afl'oci- ation, thought it ought to give Bounds to a Power, which began to grow fufpicious, and which had not failed to become very foon formidable ; th-^ Means weie eafy and fliort ; each one withdrew their Merchants from the Alli.in;e, which, in a little Time (of that large Number of Towns of which it was cumpofcd i!i its greateft Power) found itfelf reduced to only thofe that had begun tlic Confede- ration ; Towns, notwithftanding, ftill fo powerful by tlieir Commerce, that they were admitted to make Treaties with the greateft Kings, and particularly with thofe of France. Some Towns of Lower Germany ftill prefcrve the Name of Hanfeatick Toicns^ but, for the greateft Part, ;his is rather a Title with which they aim to honour themfelves, th^^n a Mark that they continue to carry on Commerce under tlie Laws and Protedion of the Ancient Alliance, there not being now more than Luheck, Hamburgh, Bremen, Rojiock, Brunfwick, Cologne, and a few others, which are truly Hanjiat'cks, and of which the Deputies are found at the Afl'emblies, either ordinary or extraordinary, which they hold for the Common Intereft of the AlJociaticn. The great Commerce which Holland carries on with the Hanfeatick Towns, docs 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 Rejiublic, that they owe the Prcfervation of their Liberty j the Succours which lome 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 by Commerce. It was alfo Commerce, and the immenfe Riches the Dutch acquired by it, that laid the firft and moft folid foundation of thit 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 Commerce, that they owe that Degree of Strength and Credit, in which, at prefent, their Republic appears j a Credit fo great and (b well eftabliftied, as has already, for a long Time, rendered it equal to Kings, and ui fome Sort the Arbitrator of their Differences. The Netherlands, or Low Countries, now known by the names of Aujlrian, , French, and Dutch Flanders; and the Seven United Provinces, forming the Re- public of Holland, were anciently known by the Name of Lower Germany, or Belgium. They were reduced to a deplorable Condition after the Fall of the Weftcrn Empire, by the Ravages of the Barbarians, when, through Want of People, their Lands remained uncultivated. But about the tenth Century, by what means we know not, they began to make a Figure in Europe by the Manu- facture of Woollen Cloths, with which they fupplicd Britain and Germany. • The AND COMMERCE, FROM THEIR ORIGIN. The four natural Produfts c*" which the Britijh ///rjhada Superfluity v.crc Wool, Leather, Tin, and Lead, and occafionally a fifth, vh,. Corn. Tlu- Iiihiibitaiits of the Netherlands had little or no Superfluity of natural Produdls to export j they wanted mod of thofe of other Countries, and they were fupplicd w'wh them by Way of Barter for their Woollen Manufactures. HaUivin Count of I'lamlcrs about the Year 960, confiderably improved the Inland Trade of the Country by the Eftablifliment of Yearly Fairs or Markets, and Goods were permitted to be brought to them from foreign Countries free of all Duty. In the fifteenth Century thefc Provinces palfed under the Dominion of Spain, and were governed by the Spanijl Monarchs with fo much Severity, that in tlia End, they revolted from Philip II. who fuffered his Governor of thefe Provinces to invade their religious and civil Rights, and kwi^n of them by the jwwerful afliftance of the immortal Queen Elizabeth, and other Proteftant Powers, formed the famous Republick of Holland, which has fince become one of the firft com- mercial States of Europe. The Spaniards, to flop the Progrefs of this new-born Republic, '''•lleved that hindering their Commerce would fnflice, and to prohibit that which its Mer- chants had always continued notwithfl;anding the War in all tiie Ports of th« SpatiiJJj Dominions. The Projeft would have been cfFeftual, for the Dutch, deprived of this Re-" fource, would have found themfclves reduced to the laft Extremity, if the moft daring of their Merchants had not taken the Refolution to go to the Ecijl Indies, to partake, if it was poflible, with tiic Portvguefc, then united with the Spaniards, the immenfe Riches wiiich the Oriental Trade produced. This Entcrprize, which appeared far beyond the Power of thefe People, but ill fixed in their Liberty, or rather who ftill fought to obtain it, after fome un- fuccefsful Voyages, was in the End fortunate j and they fitted out twenty Fleets in lefs than ten Years, which returned laden with Spices and other Merchan- dizes of the Indies, as well as with the Spoils and Booty of the Spaniards and Portugueje. And, to prevent the Confufion and Diforder that fo many different Compa- nies which weie daily forming, and that had nothing in common but the Objed: of their Commerce, might bring to it, it was then determined, by uniting them all together, to form the famous Dutch Eajl-India Company. This great Eftablifliment was made in the Year 1602, and it is this that has fcrvcd as a Model to fo many other celebrated Companies, which have fince carried on Commerce from Holland to all other Parts of tiie World, and parti- cularly to the Ports of the Levant, Afrtca, the Weji -Indies, and, in one Word, to every Place, where bufinefs could be tranfadted : Thefe able Merchants ne- gledtcd not any, and they found in the lefs important, as well as in the more confiderable. Profits and Re/hurcer, which ordinarily efcaped the Notice of other Nations. It is this Commerce, which may be termed univerfal, that collefts together in Ho.''.jnd, an infinite variety of Merchandizes, which it afterwards diffufes throughout Europe. It produces hardly any thing, and yet has wherewith to furnidi other People all that they can have need of. // is without Forefls, and almoft without Wood, and there is not feen any where elfe fo many Carpenters, which work in naval ConftriKitions cither for War or Merchandize. Its Lands are not fit for the Cul- ture of wines, and it is the Staple or Mart of Wines, which are gathered in all Parts of the World, and of Brandies drawn from them. It has no IVlines nor Metals, and yet there is found alnloft 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 Wlieat and other Grains tliat are there fown, hardly fumce for Nourifliment to a Part of its Inhabitants, and it is notwithilanding, from 'hence that the greateft Part of its Neighbours receive them, cither for their Subfijhnce or Trade ; in fine, it feems as if the Spices grew there -, that the Oils were gathered there ; that it nourifhed the precious Infeds which fpin the Silk, and that all forts of Drugs for Medicine or Dying were in the Number of its ProduAs, and of /// Growdb ; its Warehoufes are fo full, and its Merchants feem « to It 1« CoMMIRCt or Tun RttllANI, AN HISTORICAL DEDUCTION OF TRADE. to carry fo much to Strangers, or Co many Strangers come to load in /'// Ports, that there is not a Day, or it may he faid, a moment, when bhips do not come ii> or go out, and frequently entire Fleets. T/v Coninti'iie of the Rujjions, a Commerce already lb cftabliihid and extended, and which wc fee incrcalinjj under our Eyes, merits without Doubt not to he forgotten in this hiAorical Abridgment of the IVogrefk of 'TniJt; and of the Ad- vantages which thereby accrue to thofe Nations thai apply themlLlves to it. The Situation of Uujfia is one of the iiappiefl for Commircc , its I'rontiers bordering on tH" "• of China, give to it a Facility of carrying on TraJe, in that vail and ri?' 'pire, which re-unites, in fome Sort, the whole Trajjick of all the Eall. le Side of the Cajpiiiii St-a, there is ortered to it, the Commerce of Perjiii, » y/rm,nia, and of the Eajl-Iudies 5 it may maintain a vcr yconlidcra- ble one with Conjimiiinopk, and the other States of the Cinind tiignor, by Means of the J'orts, which it has, or which it may cftablilh, on tlie Euxiiic Siui, and /Ircbangcl fecures to it a great Trnjfick with France, England, Holland, the Lower Germany, and many other Nations. In fine, to fupport this vail Commerce with Reputation, // is not deficient in rich Merchandizes, either of /// own Produdl, or, at leall, that arc found there, both better, and in greater Abundance, than elfewherc j and, for the Tranfporta- tion into its Provinces, of thofc which come to it from abroad, it has four great Rivers, whofe Courfes are near enough to be eafily joined by Can.ils, and which dilchargc themlelves into the four Seas, by which this grand Empire is in Part bounded, providing, as one m.ny fay, for bringing even into the Capital, the Spoils of all the reft of the World. So many Advantages were for a long Time neglciilcd by a Nation equally un- civilized and lazy, and where the natural Indolence was maintained fur Ages, by the political Diffidence and Sufpicions of the grcatcll Part of their Princes, wliicli had prohibited tliem all Communication witii Strangers. It is true, that after the Englijl had difcovered, by a fortunate Cliance, the celebrated Port of Archangel, all Nations, which carried on the Commerce of the North had a free Admittance into this Part of the Rulfian Dominions, but it was not properly till the glorious Reign of Peter the Great*, that Ruflia knew her Strength and true Interell, in Regard to Commerce ; and it is to this Monarch, always vigilant for the Glory of his Nation, and tlie Profperity of his People, that // is indebted for having extended its commercial Intercourfes to all Parts of the World, where other Nations of Europe have eftablifticd theirs, and where till then, the Name and Empire of the Rullians were hardly known. It is to the Year 1697, that the F.pocha of the Eftablilhment of their Com- merce ought to be fixed j a Year which fliould for ever be confecrated in the Ruflian Annals, fince it was at that Time, that the political Voyage of the Czar, Peter Alexowitz, began, and that fhis Monarch formed the Grand De- fign of changing the Face ot the Ruffian Empire, and, by introducing Commerce, to bring in alfo in its Train, Politenefs, the Science), liberal jirts, and the many other Advantages, which arc ordinarily the Fruits of them. For the Execution of a Proje(ft fo worthy of him that had conceived it, that famous EmbafTy, to which was given the Name of the Grand Embajjy, which without Doubt it merited, on Account of the Czar's Prefcnce, who deter- mined to be there in Perfon, though incognito, and mixing in the Train of the AmbaJ/'adors, was fecn to arrive in Holland, and afterwards pafs over to England. The Pretext was the Renewal of ancient Treaties : The true Reafon was, that the Prince this Way found an Occafion to come and ftudy in thefe two Nations, fo fkilful and fortunate in Commerce, the moft fure Grounds of that, which he defigned to eftablilh in his own Dominions. It was then, that Defpoiled of the Marks of Grandeur, and mingled with the moft firr.ple Workmen, he did not tliink it unworthy of his Rank, to employ his royi>Ji Hands in the fame Works as they. 5 Sometimes I * Thitgitit Prince was the firft of hit Country, who aflumed the t'.le of Emperor of all the Ruflias which wu confirmci^ to him by the other forereigni of Europe, who fought hit ftiendlhip. He wai the foundei of St. Vctctlbur^h in 1721, and died in 171$. AND COMMERCE, FROM TIIIIR ORIGIN. Sometimes with the Mallet and Chiflcl in Hand, he worked in the Yards at all Sorts of Naval Coiiftriidtions, which could make the Marine flouridi. At others, attentive to the Lcllbns of fome (kilful Pilot, he informed hiinfcif of the divers Points of Wind that reign at Sea, or learned the Manner of ulin[; the C'ompals, and Sea-Charts for a fafc Navigation. At other Times, he took the Shuttle, and Studied, in the Manufadtorics, the Art of making thofe fine Cloths, which the Englijh and Dutch had till then fold fo dear to his Subjeds. Some- times alfo, by Convcrfation with the mod able Merchants, he fought to penetrate into the Secrets of the Hank and Excbangf, and to fccure before-hand Correfpond- rnts at London and Amjlcrdam to the Bankers, whoi-.i he propofcd to clbblilh in the principal Towns of his Dominions. In fine, nothing efcaped his Curiofity, from the Defire which he had to form his Subjcds to Arts and Manufac- tures : And, as if he dcfigned fome Time or other to fet up as a Mailer in the Fabrication of all Sorts of Works, he himfelf fcrved a Sort of Apprcnticefliip, and was feen afllduous in the Work-Houfes of the moft able Artificers ; here to handle the Iron with the Blackfmith, there cutting Which had been for a long Time in the Hands of die Englijh. In EfFedt, very foon, Armies were raifed and maintained folely at the Expcnce of this difmterefted Minifter : He advifed the Conqueft of Normandy, and he alone was at almoft all the Charge. When he went in EmbafTy to Rome, a Fleet of twelve Ships, which accompanied him, belonged to him entirely, and it \va« he that was at all the Expcnce of fitting them out. In a Word, after Charles had, as it were aflbciated James Coeur in the Government of the State, there was nothing in France that was great and confiderable, which was not iupported by the Credit of this fage and rich Merchant, and wherein he did not cinploy the better Part of the great EfFeits that arofc to him from his Trade. Mr. Ajiruc fays, his very Difgrace, which it appears he never merited, feemed to huvc rendered hiia illuftrious. It is true that the People, accuftomed to fancy a Myftery and Prodigy in Things that furprized them, and were above their Comprehenfion, reported, that James Coeur owed his Fortune to the Secret of making Gold; but, the truth is, that all the Philofopher's Stone of this fortunate and able Merchant only confifled in his great commercial Connedions j aod that he knew no Chymiflry more proper to operate the Tranfmutation of Meuls, than the iimnenfe TrafHck that funii/hed him with thofe rich Merchandizes, of which his Storehoufes were always lull, and which he exchanged with fo much Profit againfl Gold and Silver, that an 6 Ignorant AND COMMERCE, FROM Tlir.IR ORIGIN. »5 ignorant and credulous I'opuluce attributed it to tlic Fcrledlioti of the grand Work, which it imagined he hnd the good Lurk to find out. Another I'ixampic ui' Fortune and Glory, to which private men have att.iiried, by the Means only of ComnuTce, is not Id's remarkable, though more illuilrious. The Familyot" ^/.v/Zt/Vhas been always praiic-worthy and commendable, both Tmi tfoun for the Antiquity and Noblenefs of its Origin, and the Greatnefs of its Credit "» and Riches. Miuu.i. From the ICIcventh Century it has had great Men, and there is found in Hif- tory, an honourable Suttelllon of the Kacc of the MeJici, who, in this firft Rife of their Iloufe, were equally didinguiHicd by the Lufhe of ecclcfiaAical Digni- tica, by the Honour they acquired in the Protellion of Arms, by that which they obtained in the Government of Staies, and in the chief Magiilracies of Cities. It was not, however, till' the Beginning of the fifteenth Century, that this Family, rcferved to fo great a Fate, ought properly to count the Epocha, or ^ra of its Elevation j and it is to Co/mo di- Alcdliis, that famous Citizen of pfo- rence, who fo ju(Uy merited the Name of (Jreat, Feather of the People, and '■">:- livcrer of his County, that it is indebted for tlie firft, or at leaft the moft folid Foundations of a Grandeur, which would be hardly c.cdibie, did we not fee, ib lately as the Year, 1722 their fortunate and illuftrious Pollerity, governing with (a much Sagacity, the defccndants of thofc People, who formerly owed their Liberty to the Courage and Prudence of this firft Citizen of their Republic*. In EfFcdt, after this great Man had fet in Motion the Wheel of F'ortunc, which was to raife his Houfe fo high, there were but very few Dignities, Ho- nours, Titles, or Alliances, by which this F'amily was not illuftrated ; and, in lefs than a Century, it gave four fovereign Pontiffs to the Church, "two Queens to France, and to the facred College more celebrated Subjcdts than any other houfe, even fovereign ones, had given to it till then. It was nevcrthclcl's Commerce only that was the Source of fo much Renown ; the Anccftors of CoJ'mo, following the Cuftoi* of the Nobility of Italy, had not neglected this Rcfourcc, 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 Sovereigns for his Riches, and he was always courted and regarded, on Account of the great Influence which he prefervcd all his Lite, in the Affairs of Italy. Lawrence, his Brother, who, to the Name of Great, which he merited as well as Cofmo, added that of Father of Letters, was fo well known at the Porte, on Account of the Factors 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 Medici, who came after thefc two great Men, and were elevated to the chief Honours of their Republic, had the wife Policy to imitate them, and in no manner to deprive themfelves, by a falfe Delicacy, of the Utility of Commerce j and when, in fine, the great Qualities and merit of another CoJ'mo, had raifed this Houfe to the Sovereignty of Florence, neither he, nor his Suc- ceffors, thought it unworthy of them, to continue to feek, in an honourable mercantile line, the means to fupport, with great Credit, the Splendor of a Rank, which, in fome Sort, was owing to it ; and, to this very Day, the Palaces of the Grand Duke are never (hut either to Tradefmcn or Merchants. The third Inftancc we Ihall produce is, that of Sir Thomas Grejham an £«^-Si«Thomai UJhman, who, though he did not attain to the very high Honours of James Coeur^^"^^**'' or Co//no de Medtcis, does not yield to either in the Services he performed for his Country, or the Riches and Credit he acquired by Merchandize. The general Incidents of the Life of this illuftrious Citizen of London are fo well known, and are fo amply related in all our Hiftories of England, and Lives of our eminent Men, that I Ihall only recite fuch Particulars as may ferve to place him in many Rcfpe^ upon a Level with the Frenchman and the Italian. Mr. • Th!» illaftrious Houfe became extinftby the Dcth oi G/iJton, the U& Grand Duke of Fltrmte, to whom * die lite Emjperot ofCcnoany, then Duke of Ltrraim, k'lcci '.iai. i6 CoMMEKC or THE Fk E N C II , hi ti AK HISTORICAL DEDUCTION OF TRADE Mr. Thomas Grejbam was the youngeft Son of Sir Richard Grejham an eminent Citizen of London m the Reign of Edward VI. he fucceeded his Father in the Office of Agent to the King for the Negociation of his Loans and the Sale of his Wool at yintwerp ; and in that City he laid the Foundation of his Fortune. It was, at that Time, the Cuftom for the Kings of England to borrow Money of the Flemings for any Exigencies of the State, and, by Mifmanagemcnt, the Crown was become confiderably indebted to the principal Merchants at Antwerp : Upon which Occafion the Flemings demanded moft exorbitant Intercft, and fometimts the royal Jewels were pledged for the Payment. By his prudent Management he not only cleared the King by difcharging all his Debts, but in the Reign of Queen Elizabeth he put an end to the difgraceful and extravagant Method of borrowing fi-om Foreigners, by delivering a Plan to the Queen for negociating Loans for the public Service at home, a Plan which plcafedner own Subjedts, and occafioned a great Saving to the Nation. For this Service her Majefly conferred on him the Honour of Knighthood. He eftablifhed the Credit of the Englijh Merchants with the Hanfeatick Tov/ns, and he v/as highly inftrumental in bringing over a gieat Number of the perfecuted Flemings who fled from the Tyranny of the Duke D'Aha, the Spanijh Governor of the Netherlands, under Philip II. At his own Expence, he built the Royal Exchange in London, and founded a College, known by the name of Grejham College, endowing it with an Income for the Support of a Profeflbr of each of the liberal Sciences, who continue to this Day, and read public Ledlures in Divinity, Law, Phyfic, Aftronomy, Geometry, Mufic, and Rhetoric. He alfo bequeathed a great many Donations of annual Sums to public charitable Inftitutions ; yet this did not prevent his making ample Provifion for his Widow," and he died very Rich in the Year 1579. ' Mr. Savary fuppofes it a Matter of Surprife, that among (o many Examples of the Advantages that Commerce produces in the States where it flourilhes, France had not, at the Time of his writing, furniflied any one ; it is owned, he fays, with Regret, that, in Regard to Commerce, the French at prefent are lefs • in a Condition to ferve as a Model, than they are in need of being aniinated by the Example of others. And then proceeds with making the following Queries, and giving the fuc- ceeding Account of the Aptitude r.id Qualifications of the French for Trade j and, though he feems a little partial in Favour of his Countrymen, I think he exag- gerates nothing in his Delbription of the Kingdom. " Will this generous Nation, fays he, fo capable of the greateft Enterprizes* " be inferior to others in this Thing only, whilft flie greatly furpaiTes them •• in every Thing elfe ? No furcly : and excepting her Haughtinefs, which *' often made her regard Trade as little worthy of her, or her Impatience, which " almoft always difcouraged her on the firft Difficulties, 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 apply herfelf to it in earnefV. " What is there in EfFed wanting to France of all that is neceflary to carry on *' a confiderable Trade ? " She has an infinite Number of Inhabitants, hardy, enterprizing, laborious, " and, at the fame Time full of Genius, Addrefs, and Indudry. " Her Lands, which are as fertile as any in the World, deny her hardly any " Sort of Fruits, Provifions, Drugs, or other Merchandize. " Herdiffi;rent Provinces, according to the Diverfity of their Soil, produce in «' Abundance, Corn, Wine, Salt, and every Neceffary to the Support of Life. " There is found Silk, Flax, and Hemp, for all 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 moft neceflary Metals and Minerals for Arts and " Trades, and for the Fabrick of Manufaftures. " If its Merchants inclined to Commerce, the two Seas, which walh its " Coafts, open to them excellent Ports, and offer them the Conveniency for car- *' rying it on to thefoui Quarters of the World. " If they will content tl.e'nfelves with a home Trade, the French Manufac- " turcs, or thofe that are imitated froni Strangers, are arrived to the laft Degree «• of AND COMMERCE, FROM THEIR ORIGIN. of Perfct'Uon, by the wife Regulations, and by the Attention of the Magif- trates of the Police, and the lufpeftors appointed to take Care of their Performance. " In a Word, it inay be faid, and I rtiall fay it without Exaggeration, t'lat France reunites at home all the Advantages of Commerce, which are foand divided among the otlier People oi Europe, ar-i, that, being fufficient to itielf, it can abfolutely pafs without other Nation? nd content itfelf with its own Abundance, whilft they, on their Parts, wili find it difficult to fubfift with- out our Succours, and that great Commerce, of which fom'', and with a great deal of Reafon, nre fo proud, would foon be feen to fall, if they ceafed to receive from us tliat infinite Number of Merchandizes which are ncccflary to them, and which it is with Difficulty they can find elfewhere. " It is this Truth ill underftood, and urged too far, that has given Room to that Paradox fo dangerous, which they of this Way of Thinking would efta- blifh in thefe latter Times ; that France ought to carry on no Commerce with Strangers, and that flie would always be fufficiently happy and fiourifliing, if flie did not want Labourers and Soldiers. " The Neceflity of the one and the other is indifputable ; without Soldiers our Frontiers would remain open to our Enemies, and the Kingdom without Defence; and without Labourers to cultivate our Lands, they would be no longer fufficient for our Support, But upon what fhall the Pay and Main- tenance of our Troops be eftablifhed, if Commerce, which is the moft fruitful Source of the Riches which enter our King's Exchequer, be taken from us ? And what will the Farmers do with their Crops, though never (a abundant, if they have no longer an Opening to get ,rid of their Superfluity ; and, by Want of Trade fee thofe Provifions miferably perifli on their Hands, which would have inriched them, if they had pafled into thole of their Neighbours ? " The Merchants then are a third Order of Perfons, of which France has Need, and who are not lefs neceflary to her than her Soldiers and Labourers ; and Commerce is a Profeffion, without which all would langui/h in the King- dom, and the Inhabitants would fink under their own Abundance, as they could confume neither the Whole at Home, nor have the Liberty to carry a Part abroad. " It is fufficiently coniprehended, that by Commerce, fuppofed fo neceflary to France, and for which it is known, that the French are at leaft as fit as the other Nations of Europe, is not to be un*derft:ood that Trade which is carried on in our Provinces, by the Communication which they have with one ano- ther, of the natural Produftions, or the Works of Art, that they have each at home, for this would be always flourifhing enough, if there was a Care at the fame Time to carry on that abroad j 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 or Commerce, of which the firft Succefs feems to promife, that it will not one Day be any Thing inferior to the more celebrated ones eftablifhed among our Neighbours j fo mat, without encroaching upon the vaft Grant of a Com- pany fo profitably formed and fo wifely conducted, I ftiall content myelf to animate the French Merchants to fuch other ObjedtS of Commence as they ma/ fhare with the other Nations of Europe, or evca 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. Whoever furveys the Parts of Europe where the Englijh and Dutch carry on their moft confiderable Commerce, Spain, for Example, or the Towns of the North and tlie Baltick Sea, will fee what Nation is moft likely to facceed. " Almoft all the neceflary Merchandizes for thofe important Branches of Commerce are found in France', on the contrary, England and Holland have hardly any. F •' Wc 17 l9 AN HISTORICAL DEDUCTION OF TRADE " Wc have for Stmiri, Stuffs of Gold, Silver, and Silk, Clothes, Woollens, " Linens, Paper, Hats, all Sorts of Stockings, Cards, Laces of Silk and " Thread, Mcrceiy, Iron Wares, and inany others. The North cannot do " without our Wines, Brandies, Vinegars, Salts, Prunes, Chefnuts, and Wal- " nuts, fo that it will prcfently be decided, to which Nation the Loading of " Ships for the North, or Sfai/i, is moi\ eafy ; whether to the French, who, " without borrowing any Thing from others, have, within thcmfelves where- " with to make up an entire Cargo ; or to the Englijb and Dutch, who come to " fcek in France what they want, and who, deftitute of this Succour, \7ould be " obliged to fend their Ships half leaden, and without the proper AiTortmcnts " for thofc two Countries. " It is alfo the fame in Proportion with all other Trades, by whicn the French " may enter into Competition with their Neighbours. " in Regard to Profit, it is as clear, and rtiorter. Whoever fells at fecond- " hand can make but one Gain, whilft he that fells at the firft acquires two ; the " Englijh and Dutch are in the firft Cafe, the French in the fecond ; fo that thofe •' can only benefit themfelves on the Price, which the Merchandize they fell in " UPain and the North cofts them in France, and thefe add yet to the faid Profit, *• that which was made on the firft Sales of fuch Merchandize. " This is not enough $ the Advantage of Returns is yet all entirely on the " Part of France, fince the French Ships, by bringing back the Northern and " Spauijh Commodities, take away from Strangers diofe immenfe Profits, which " they ufed to make on us, when they brought the fame Merchandizes into our " Ports. " One cannot on this Subjcft help exprefling fome Concern at not feeing " cftablifhed in France, that wife Policy of the Englijh, who, by their A£l of' " Navigation in the Year 1660, ordained, that none of the Merchandizes and " Produdls of Europe be brought into England, nor the States that depend on it, " but in Ships appertaining to Englifli Subjedts, or from the Places of their " Manufacture and Growth ; and that none of the Merchandizes of the Growth " of any of the Englifli Colonies, or that may hereafter become fo, of y4/ia, " jij'rica, and America, fhall any longer be brought in but in E):^iilh Ships, or " thofe appertaining to the Englijl. " A Policy certainly both pradent and equitable, and, if it had Place among " us, would open our Ports to Strangers, 'vho fhould bring the Merchandizes " of their Country, and wilely fhut them againft thofe who, having nothing •• of th:ir own Growth, come to fell us thofe at a dear Rate which they have " collefted from all Parts of the World ^ and who, flattered by our Indo- •• lence, or, it may be, by our Vanity, have infenlibly accuftomed us to receive " only from their Hands, at an exceflive Price, what it would be ealy for us " to get on much better terms, if we would only take the Pains to fend for " them. " It may probably be alledged, that, as the French Marine is not in any De- '« gree comparable, but much interior, to that of their Neighbours, with whom " they are invited to become Competitors, there is but little Appearance that they • *' (hould ever find the Facility or Advantages with which they in vain were flat- *• tered in carrying it on. " And it muft be confefled, that, in Maritime States, Commerce and Navi- *' gatian ought to go Hand in Hand, for there is fo ftridt and intimate a Tye " between the one and the other, that Commerce is without Strength, whilft the " Marine is languifliing, and the Weaknefs of the one neceflarily draws on the " Fall of the other. " But befidcs, 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 prntedt their Trade; what Doubt is there that, even on this Part, " France, when ftie pleafes, need not yield to any other Power whatever. " Our Neighbours are obliged to fetch from abroad, the greateft Part of their " Naval Stores; Wood, Iron, Cordage, Sails j all thefe come to them from " Foreigners ; inftead of which, our Provinces eafily fornifli us with the beft " Part of that we have need of for the building and fitting out our Navy. 6 " Some It : AND COMMERCE, FROM THEIR ORIGINT. ** Some of theni have Wood proper for the Bodies of Ships ; and tliere are " found in the Mountains, others fit for making the reft of tiieir Materir.ls ; " there are, in many. Mines of Copper and Iron fufiicient to fupply our Yards " and Docks ; and all, in general, arc fo abundant in Flax and Hemp, for ma- " king Sails and Cordage, that it is even from us that other N.uions receive the •• grcatcft Part of thofe tjiey confume in their Rope-Walks, or that tJieir Wai- " vers, make into Cloth proper to fail their Veflels. '* We are no more in Want of Provifipns or Ammunitioii, but arc even in a " Condition to fpare Part to others ; aiul, to man our Ships of War and Mer- ** chant Fleets, we have more than fixty Thouiiuid Sailors, diAributed in five *' Clalfes, of which the Rolls ave renewed annually, and of which the one is " always accounted engaged, from the Beginning of each Yevv, to fcrvc in the "• King's Ships, and the four others are refervcd for the Merchants' Service. " Thefc Hopes, which arc founded on fo many Advantages, that might render " our Marine flourifhing, either for War or 'frade, are ccrtanly not in the " Number of thole ideal Projeds, that it is not polfible ever to carry into ** Execution. " Thofe Times, fo glorious io the Marine of France, 1690, are ilill remcm- " bered, when o'lr naval Forces, equal to thofe of our Enemies, obtained the " Vidoiy over the united Fleets of the Two Powers, who each in particular ** would have attributed to itfelf tTie Empire of the Sea ; and we have not in the «* leaft forgot, tliat, during all the War which was terminated by the Treaty «' of Ryfwick, 1697, our Privateers, fuperior to thofe of the Englifi and Dutch " together, took from one of them fo great a Number of Ships, that their Mer- ■•• chants, who avow that their Lofs amounted to more than three Thoufand ** Veflels, were obliged to carry their Complaints to their Parliaments ; and tlio *♦ Trade of the other was fo diflurbed or impeded by the fortunate Cruizes of ** the fame Privateers, that this was one of the principal Reafons that made them ** defire a Peace, and, infomeSort, to demand it with Eigernefs. " It is not, however to be denied, that Events which Prudence could not •* forefecnor Courage repair, have weakened t\\t French Marine; but why fliould *' we lofc the Hopes of feeing it recover ? That which fo happily fucceeded *• under the Reign of Lewis XIV, will it be impolTible, if undertaken, t» " profper under that of Lewis XV ? A /oung Monarch, in whom fliine fo •' many great Qualities, that they fecm already to foretel the Happinefs and " Glory oi France ! And an Eftablilhnxnt, which was feen puflied on almoft " to Perfedlion, under the Miniftry of Monf. Colbert, and ot the Marquis of " Seigne/ay his Son, why may it not gather new Strength, fupported by tlie *' Care and Experience of a Prince who has recorded his firft Campaigns at " Sea by a Victory, and who labours with fo much Application to reftore us *' a Marine, capable of making our Co/ours always refpefted; and, at the •• fame Time, to put our Merchants in a Condition of carrying on, in all Parts •• of the World, a Commerce, for which they have Co much Facility and *' Advantage ?" Mr. Savary here HniHies his Sentiments of his Country and the French Nation; and, I think, he has proved a true Prophet, in Regard to their Commerce, which has been greatly extended and increafed lince his Time, to the no fmall Detrunent of ours. They were at leaft a Century behind us in mercantile Atfairs, and it is a Matter both of Surprife and Concern, that they have in any Shape exceeded us ; a& defpotick Governments are not calculated for profperous Connnerce, and had not Le^cis XIII. and XIV. fteppcd out of the toininoii Track of aibitrary Kings, in order to protect and render it flourifhing, we Ihould never have feeii that Nation, from Competitors with, become fuperior to us in any Branch of it ; but the good Regulations made in thofe Kings' Reigns, and fincc continued added, to the Fer- tility of the Soil and Temper of the People, who can content tliemfelves with a lefs expenfive Way of Life than wc aire unhappily fallen into, have enabled tliein .to carry many of their Commodities clicapcr to Market than our liigher Wages, and dearer Living, will permit us to do, and confequently robbed us of the Sale of our inferior Sorts of Wocllens, which tliey have been able to imitate j but, as 1 iJiall fpcak of this when I come to treat of Commerce in general, I fliall only add here. «» COMMERCI or TH» Enclkh. 11 AN HISTORICAL DEDUCTION OF TRADfi here, that I fear they now equal us at leaft in the Difpatch of their home MaritJ- failures, though I hope 4iot in the Products, and Trade of their Plantations, their Sugar Colonies only excepted. Mr. Sirvary having left the Englijh out of this Hiftorical Dedudion of Trade and Commerce, as if they had been a People without any Concern in it, I can only impute it to that Deference he every where pays to his Father's Judgment, whofe malicious Infmuations againft ns, in his Parfait Negociant, the Son muft have contradidted, had he treated us with the fame Impartiality he has others ; to avoid which, and not expofe the Weaknefs of his envious Parent's ill-grounded and unjuft Invedtives, we may prefume were the motives that induced him to pafs us over in his Account of Commercial Nations, and made him prefer leaving a Chafm, rather than a Blot, in his otherwife valuable Works ; though he is not whollv to be acquitted from inheriting or adopting Part of his Father's Partiality, as he has copied fome of his Afperfions, when he fpeaks of us in the Body of his Didtionary ; \.o confute which, and do Juftice to my Countiymen, I Hull endea- vour to improve this Opportunity by demonflrating his Partiality, and fupplying his Defed, that we may appear in the true Light we ought, in the Hiftory of the European Commerce ; and in order thereto, I ftiall here only briefly mention what occurs to me concerning our firft Engagements in Commerce, and refer my Reader for a more ample Account of its Progrefs and prefent ftate of Improvement to the fequel of the Work. Though it muft be allowed that the Englijh, in refpedt of moft other European Nations, were late beginners in univerfal Coimnerce, yet they have improved in it with an amazing Rapidity. It is many Ages nnce they knew the Value of a naval Power, and were taught by the Romans how ncceflary this would be for their Defence and Support, as well as conducive to their Commerce with other Nations j the former, we have fecn be- fore, were Mafters of the Art, and confequently in a Capacity to give Lcflbns ; they knew the great Advantages derived to Kingdoms from it, and indeed that this only could make a Nation flourish. They confidered how capable of Im- provement our Country was, and being fettled among us, were defirous of ren- dering this Union as advantageous as poflible, and, having met with a People brave and daring as themfelves, and in every Refpedi fit to undertake any hazard- ous Enterprizes, they would certainly haveraifed Commerce to a flourifhing Pitch, had not their ow^h iriteftine Broils called them Home, and. Ours on this Occur- rence incrtafing, left Commerce to languifh, as it did for Ages after, till our vic- torious Edward III. and after\yards the glorious Queen Elizabeth, animated their Subjedls to an Imitation of their Neighbours, and, by proper Encouragements, led them in to fhare the Advantages w uch hitherto other Nations only had reaped, exclufive of them. The Introduftion of a few Walloon Manafhfturers of Woollen Cloths from Flcnders, and the Privileges granted to them by Edward, laid the Foundation cf the Britijh Woollen Manufactories j but to Elizabeth was referveJ the immortal Rt.iown of completing the great commercial Revolution, which took Place at that memorable j^ra. Voltaire, who, as an Hiftorian, is by no Means partial to the Englijh Nation, gives the following Account of this happy Event. " From the firft Beginning " of Elizabeth's Reign, the Englijh applied themfelves to ManuTatlures : The " Flemings being perfecuted by Philip II. King of Spain, removed, in large ••' Bodies, from Flanders to London, bringing with them an increafe of Inhabi- " tants, Induftry, and Riches. This Capital, which Enjoyed the BlefTmgs of " Peace under FAizaheth, cultivated likewife the liberal Arts, which are the " Badges and Confequciices of Plenty. In a Word, London was enlarged, civil- " ized an ' embellifhed j and, in a Ihort Time, one Half of the little liland of '• Britain was able to counterbalance the whole Power of Spain." The beft Principles of Commerce derived from the Ancients, were Adopted by the wife and aftive Minifters of Elizabeth. She fent out fkilful Navigators to make Difcoveries in America. She cftabliilicd Colonies ; and kept up a maritime Force for the IrotedVion of the Commerce of her Subjeds at Sea. In tine, (lie Founded the Eajl India and other commercial Companies • and it was under her glorious Adminiftration, that the Englijh gained a Superiority on the Ocean, which AND COMMERCE, FROM THEIR ORIGIN; 21 Vvhich has ever fince been prefcrvcd j and on the Support of which, not only our commercial Interefts, but our independent Exiftence as a Nation depends. The Inctxafe of our Commerce has confequently been that of our Power, which is happily rilen to the Summit of human Glory, as there is no Potentate on Eartli, who can equal our maritime Force, become now the Bulwark of our Country j and may it always continue unrivalled and triumphant whilfl Time endures ! It is in this Place, that I muft beg leave to congratulate my Countrymen on the happy Situation of Great Britain, which is the beft calculated that can be con- ceived, for the Security, Eafe, and Convenience of its Inhabitants as a commer- cial People. The Southern Divifion, ftill diftinguiflied by its ancient Name, England, is bounded on the Eaft by the German Ocean ; and on the Weft by the yitlantic, which, by their Union, form the Britijb Channel, its Barrier to the South. On the North, it is defended by the Deucaledonian Sea ; and a facility of Communication is afforded to tliis vaft Body of Waters furrounding the Britijh Ifles, not only by a Number of excellent Harbours and commodious Sea-port Towns J but by fundry large navigable Rivers flowing from the inland Provinces, of which the Thames is the principal. This happy Spot thus admirably protected by Nature from the Incurfions of neighbouring States, and enabled by her infular Station, to keep conftantly on float, a maritime Force for tlie farther Security of her Commerce, whenever its Safety but appears to be endangered, is likew ife indebted to the indulgent Bounty of Providence for every Nccelfary and Convtinience of Life; and is bleffed with a Temperature of Air, which, while the Inhabitants lived according to the fober Laws of Nature, and fought not the Deftrudtion of their Health by the Uie of fpirituous Liquors, aiTorded more frequent Inftances of remarkable Longevity, than any other Part of the known World. But, notwithilanding a vilible, and much to be lamented Degeneracy, the great Bo V of the People, by whofe In- duftry, the Manufliiflures and Commerce of ^ •. Jountry is fupported, are juftly diftinguifhed for their Ingenuity, Perfeverance, diligent Application to Bulinefs, and fuperior Expedition in completing the Works they iini- rtake. Our Lands may juftly be counted fome of the moit fertile, and their Produds of Fruits, Provilions, &c. as plentiful and as good as any in Europe, and our Merchandizes more than other Countries can boaft of. The diflerent Counties, according to their Situation, produce Corn, and all Neceffaries of Life in Abundance, which, on many Occafions, have preferved feveral of our Neighbours from famine. We have Hemp and Flax for the manufadturing our Linens and Canvns, now brought to Perfection, and our Paftures feed an almoft infinite Number of Cattle, which not only fu])ply our Markets with excellent Food, but furnifli 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 arc fo well ftocked with Oak for Shipping, as feems to promife, under well-regulated Laws, an inexhauftible Supply. Our Seas are well filled with their finny Inhabitants, which, according to the Steps taken by the Legiflature for the Encouragement of our Filheries, and the ready Concurrence of our Merchants in promoting fo beneficial a Defign, muft prove produdlive of immenfe Riches to the Nation, befides occafionally provid- ing comfortably for our Poor, which Advantages have for many Years paft been reaped by our induftrious Neighbours. I think a Dedudtion of this Nature ought not to be clofed witliout mentioning Comme»c« a Word of the Spaniards, who, like us, have been paft over by our Author in of th» Silence; 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 defpicable and fmall as to be overlooked when we are treating of Commercial Nations. Their Difcovery of America, and their fubfequent Settlements on that Conti- nent, gave Birth to their Trade and Riches ; for, though a potent Nation before, in Dominion, they wanted the Smews of Power, which the Mines of Mexico and Peru have fincc produced tliera. Q . . , ,^^' they w :)!' 4a AN HISTORICAL DEDUCTION 6P TRADE! They have very confiderable Ports, equally well lituatcd for Commerce, both on tlie Bijaiyan and Mediterranean Seas, and where large concerns are tranfa aa they have lately endeavoured, and in fome Degree, fuccecded in, from hence. Their Silk Manufadtorics have likewife kept pace with their Woollen, and both their Wejl-Indian and European Dominions are now principally fupplied by them, as they were formerly from France, fo that their eyes having been opened to thefe Advantages ; both Old and ISlew Spain feel the falutary Efrefts of tlus Difcern- ment, and, if the f?mc Mcafurcs are purfued as have been fo happily begun ir» Favour of the Subjeft, we may reafonably expeft, in a few Years, to fee them a more flourirtiing People than it was poffible for them to be, .till rouzed, from their former Indolence and Negledt, to a juft Scnfe of the Advantages that In- duftry and Application offers them. I might here mention their Tunney Fifliery, and fome other Inftances of their Improvements, but (hall refer expatiating or defcending to Particulars till I come to treat of them in the general Bcxly of Trade, and only add here an Obfervation, that as the Spaniards have improved the different Manufaftures I have mentioned, li.eir Neighbours have proportionably found a Decay in their's, which can only be remedied by fecking other Channels for the Sale of their Commodities, though I muft confcfs, I think tliis to be defpaired of, when the common Paths of Trade are 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 fomething of the Swedes, Dams, &c. but fliall refer my Reader to what I Ihall afterwards fay of their Trade, when I come to defcribe it minutely. * Dr. Garcin's Account of the Origin of Navigation and Commerce, Hiftorians fcm hitherto to have forgot, by the lit;le they have laid, that the Arabians were the firft Navigators, and the firft People who opened the Commmerce between Ajia, Africa, and Europe ; this is a Thing, however, very eafy to be proved, notwifliftanding the Invention of Navigation is attributed to the 'lyrtans and Egyptians, at the Beginning of this Hiftorical Deduftion. The Situation of their Country, which is, in this Regard, the moft favour^ ■ able in all Refpefts. at firft naturally brought them thither. As Arabia is a very large Peninfula, v^-aftied by the Sea on three Sides, and its Entry on the fourth being the moft difficult, by Reafon of the Extent of its Deferts, which are filled with Sand, and without Water, Neceffity induced this Nation, one of the moft ancient, in order to procure an advantageous Communication with other?, to open Paflages by Water j to invent the firft marine Veflels, and to form itfelf courageoufly to Navigation j it had fo much the more Caufe to improve, and become acquainted with its Seas, as it was no great Diftance from the Indies, which, as is known, was at all 'Times fuller of Riches than any other Part of - ' the World. This •,;• ' f Fotmttljr an emiaent rhyficiaa at iV^ij/ito*/, AND COMMERCE, FROM THEIR ORIGIN; ' This Praflicc being attair'id, it was much eafier for its Inhabitants to pafs by Water to many of their Neighbours, than to traverfe Defcrts fo dangerous, and to make fucli grcit Tours, cither to go out of, or to return to their Coun- try. Thus it was by their Fleets that they cnrrefpondcd wherever there was a Sea, and by Caravans on the Land Side to tlie Mediterranean ; it was, in fine, by thcfe powerful Means, and by the Arabians only, that the moft foujht for, and precious Things of all the Indies, part from Eall to Weft, in the mofl ancient Times, and in thofe v/hich followed, until that of the Emperor Au^ujlus. This Nation, according to Hiftonans, has been the rirh''ft of the World, Iri the earlieft Ages, as we mall foon fee by relating what they have f^iid of it j and this is one of the ftrongeft Proofs of its anciM Commerce with the Indi'es, and From thence with the Countries which border on the Mediterranean ; for the Tyrians and Blg^ffians were not formerly flourifliing in their Commerce, otherwife than as the Induftry and Riches df the Arabians made them foi who furnifhed them, under large Profits, with all the Merchandizes of the IJles, and of the Maritime Coafls of Ajia, the fame as the Portuguefe and Dutch have fome Time fince done in Europe, and it is by the fame Commerce of the Indies that thfcy arc en- Hchcd. The Oriental Sea was to the Arabian.^ what the Mediterranean was to Phvnicia and Egypt ; thcfe three Nations enriched thcmfelves mutually by the Trade of thofe two Seas, each having laboUrec'. on its Part for the propereft Means to cultivate it by Navigation m the two Seasj and by Caravans through the lands that Separate them. It is known by very ancient Expcriettce, that the rlcheft Countries are not brdinarily fuch, but by the Means of Commerce and Navigation. The Sabeans, hn Arabian Pebple, who inhabited the Countries bordering on the Indian and Red Seas, were incomparable in their SiimptuoUfnefs and Riche? : one need only read Agathar chides, Diodorus Siculus, and Strabo, to be convinced of it by the Detail which they give. I'hcy drained, fays the flrft of thefe Hiftorlans, in Photius, the Treafures of Afia and Europe by the Exchange they made of tlie tnoft precious Things. They furpafled, fays the fecond, Lib. III. by the Riches and Abundance which they had of all precious Things, not only thofe of Bar- tary, their Neighbours, but alfd all other Nations. Confiderable Sums were ne- cenary to purchafe a middling Quantity of their Merchandizes ; thefe Hiftorians record^ that thefe People, fo rich by tneir Commerce made Ivoryj Gold, Silver, and precious Stones, to fhine in their Furniture, upon the Doors, Columns, Walls, and Roofs of their Edifices ; and that they poflefled a very great Quantity of Gold and Silver VeflelS j they relate, that their Expences were eiiormous in all Things, even in Works of the moft admirable Sculpure and Engraving ; in d Wcrd, that their Magnificente was unequalled, which demonftrates that this Nation was fkilful, bold, and venturefome in the Indian Trade and Navigation, and that it was by her that the Tyrians and Egyptians flourifhed fo much in theirs, and upon the fame Merchandizes which they received and paflfed to the other Aiveftern Nations, the mofl: remote. The Prophet E-zekiel, Chap. xvii. Verfe 22, in addrefllng himfelf to the City of Tyre, fpeaks of this Nation of the Sabeans under tfie Names of Sheba and Raamah, which were two Phaces of Arabia. The Mer~ ehants, fays he, of Sheba and Italmali were thy Fadtors, making thy Fairs valua- ble in all Sorts oj the chief ejl Spices, and with all Sorts of precious Stones and Gold : This is a fure Tefl:imony of the Antiquity and the Opulence of its Commerce which it had with the/«^/W. It was this Opulence which determined Alexander the Great to make Sheba the Capital of his Empire j and tempted the Romans to its Conqueft in the time of Aiigujlus J a Tinic in whirh 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 j 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 Aromatics only Incenfe, Balfam, Myrrh, and Calamus Aromaticus, grow there ; the two laft of which were not fought ibr, «nly as tiiey were deemed to be foniething better i^i )1 .1 AN HISTORICAL DEDUCTION OF TRADR than thofc which grew in the other Parts of ylfia an . Africa, It may alio \xv/i a little Gold, but in no Quantity, as fome of the Ancients imagine ; tlic Arabians brought it from India, the fame as they did other Aromatics, precious Stones, and rich Merchandizes of all Sorts. Strabo feems to infmuate fo in faying, that they changed their Aromatics and precious Stones agaiiift the Gold and Silver of Strangers. One may be perfuaded, that in fome Parts of AJia, the Origin of all thcfe Things is yet near the fame as it was in former Times, all the DiiFcrence being that it is now infinitely better known. Incenfc, in Reality, was to them of very great Advantage, as they furniflied all the weftern Nations with it, who were then Pagans, and confequently con- fumed infinitely more than they do at prefent : But, as the Ancients were painonately fond of all the moft exquifite Aromatics, thofe which the Ara- mans brought from India making the greateft Number, produced alfo their grcateft Riches. The Aloe Wood, CaJHa, and Cinnamon which are mentioned in many PafTages of Scripture, and in the moft ancient Hiftoriiins, made, beyond Difpute, after the Gold, the principal Branch of their Commerce, Malabar, Ceylon, and 5k- matra, or Malacca, were really the principal Places where their Fleets often went to take in their Loadings, as it was only from thence that they drew all thofc rich Merchandizes ; thefe were formerly much better eftecmed than they are at pre- fent i and, as this Nation folely fupplied all the Countries of the World that want- ed thofe Commodities, this is yet another demonftrative Proof of tlieir ancient Navigation to the Indies, It is neverthelefs a Matter of Surprife, that ancient Hiftory either does not .; fpeak of it at all, or if it does, it is m a Manner very obfcurc : This proceeds from Arabia being very little frequented, and confequently very little known to other Nationr , The great difficulty and danger of traverfmg its fandy and arid Deferts, and of being fheltered from the Robberies which a Part of its Inhabi- tants were always given to, in beating the Field, plundering the Caravans, and ftripping the Travellers and Merchants, were the Caufes that our firft Anceftors could not be informed about it until the Time of Alexander, or even till that of Augujius, We may moreover add, that their Navigation was but little known even to the Time when the Portuguefe went to India by the Cape of Good Hope, and that thereby they ran away with that rich European Trade which the others carried on by Means of the Egyptians, and thefe by that of the Venetians. They were therefore always Mafters 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 for fome Time. Another Caufe, which made their Navigation unknown in ancient Times, is that the Arabians, the better to preferve the Commerce of the Indies, which they found fo advantageous, always took care to conceal from Strangers who lived towards the Mediterranean, the Voyages which they made on the Oriental Seas, the Routes or Courfes which they ufed, and the Origin of the Merchandizes which they brought in, and which fo greatly augmented their Riches. Befides, in thofe Times, the Arts which ^cilitate the Intercourfe of Nations were wanting, which made Hiftory fo ignorant of a Country fo diftant. Thefe are Geography, Printing, the Convcniency of Pofts, and the Improvements in Navigation ; thus the Arabians always fucceeded in their intended Concealment, with the View of making their Commerce lafting, and to attra(5t thereby the greater Profits. And, to have the Thing fucceed the better, and to impofe on the foreign Nations, who fo very earneftly enquired after their Spices, they invented Fables Or pretended Difficulties that fubfifted, above all, in Regard to the Ca£ia and Cinnamon on which they made the moft confiderable Profit j and affirmed them to grow in the Middle of their Country, but in Places almoft inaccetTable, and fo dangerous, that they could not procure but a very fmall Quantity, with infinite Induftry and Trouble. The whole Contrivance is recorded by Herodotus, Lib. III. It It AND COMMERCE, IROM THEIR ORIGIN. It was this which made all Antiquity believe, that thcfc Spices or Aromatics were fcarce, and only to be found in Arabia. P/iny was tlie firft who difcovercd that thcfc Fables were only invented in order to fell their Drugs dearer ; but, on rejefting thefe, he fubftitutcd others nothing inferior, in declaring the Cinnamon to be brought from Ethiopia, in mentioning the Manner of its Growth, that of gathering, and tranfporting it abroad, or to Strangers ; the Dirfkulties he has (lamped upon all thefe Circumftances, and on the Means of having it in Time, as alio the Caffia, do not appear Icfs great, nor lefs fabulous, than tiiofe of H<:ro- dotui, which ne would not admit. Sec Pliny, Lib. XII. Co. 19. It is certain that neither Ethiopia, nor Arabia, has ever produced any of tlicfe aromatic Barks ; the Trees from whence they are taicen can never be tranfported, on Account of the different Nature of the Soils, and the Drought and Heat which reigns there : and it is only in the IJle of Ceylon the Air and E^irth are really fit to nourifli them, fo that it is this Place alone, which has in all Times fupplied the rcll of the World with thefe Aromatics. In fine, the ancient Arabians did not invent fewer Fables in Favour of their Commerce, than the Per/ians did to rcprefcnt the Dangers which they had in pro- curing the Gold in thofe Parts of India where they could find it, and which were believed fandy. This is what may likewife be fecn m the Book of Herodotus above cited. Pliny fays nothing of the Navigation of the Arabians, which is a Proof tliat it was unknown in his Time. He only mentions that of the Fleet oi Alexander, which part from India to Euphrates, and that which the Romans made every Year alfo in his Time to the Indies: He has defcribed the Route from Egypt, but he has made it appear, that their Voy.iges only terminated about the River Indust The Roihiuis, altiiough Mafters of fomc Ports of Arabia, did not, in the leaft, (lifcover the Navigation, which the Arabians took Care to hide, and which they made dircftly from fome of their Ports to the Ijbnd of Ceylon, to load with Caflia, Cinnamon, and precious Stones ; and from other Parts of India, to do the fame with other Merchandizes, as Gold, Drugs, and odoriferous Woods. It feems by the Recital of Pliny, that the Navigation which the Romans made to that Corner of the Indies of which he fpeaks, did no Injury to the Arabians, only in the fmaller Part of their Commerce. It is eafy to comprehend that thefe laft, in Proportion to their navigating their Seas, fliould have the good Luck to difccver the ihorteft Paffages to many Parts of the firft Pcninfula of the Ganges, and from that to the others j for we muft not believe that the Romans were the firft that crofled the Arabian Sea, which it bounds, as Pliny remarks. Lib. VI Ch. 23. It was infinitely eafier to the Arabians to crofs this Sea to India, or to Ceylon, than it was for the Tynans to run over the different Parts of the Mediterranean. The firft had fine Weather to chufe at their Pleafure, and Winds that were fixed and regular, by which they might fecurely perform their Voyages with as much Exadtnefs, Reftltude, and Speed, as they had occafion for, and always, in a Manner, equal in the fame Seafons j Advantages which the Tyrians had but very rarely ; they never had fine weather at a certain Point, en which they might de- pend, fo that thefe had more Need of Ability in the Marine than the former, on Account of the Variablenefs of the Winds, cloudy Weather, and Tempefts, which often reign in the Mediterranean. The Winds of the Indian Sea, rarely tempeftuous, are always regular, change ing twice a Year, and under two Directions, alternately oppofite one to the other ; each lafts fix Months, at leaft, if the Latitude is near our Tropick. Thefe Winds are the South Weft and North Eaft ; and they are called Monfoons, of the which one is dry, and the other rainy j the North Eaft Wind caufes the dry Monfoon, and begins in the Month of November, on this Side the Equinoctial Line : The rainy one begins in the Month of May, and it is occafioned by the South Weft, which makes it laft till OSiober. In fine, the Monfoons, which reifn at Sea on this Side the Equinoctial, are always oppofite to thofe which reign 01 the other Side of that Line. It is therefore feen by the Exadtnefs of thcfc two Seafons, and the regular Winds of the Indies, that it was not any Thing difHcuIt to the Arabians happily H to 8| m if ■'t i It AN iiisTORiCAi, nrnucriON of trau; to fucceed in their Navigation for pafling the Sea, not only to tfie T/U n^ Cyr.ni but alfo to that of HumaOJ, or to Mahuca, which is in its Nci^hbyurh^Hid. They yet make to tlii» very Day thc-fe Travcrfcs, in a j;rc;it Mc.ifurc, v. it'ioiit ufing the Compafs, at Icait very rarely ; for the Winds, hc-inj; once fixed an J in- variable, Icrve tliem for Guides and Rules in the Diredion of their Route, aJnioll as well, and eve.i in foine Manner more v\\t\, tlian they would do by the Help of the Stars in fercne Weather. What is.it then tluit ihould iiavc hindered the performing the fame in ancient I'imes ? This is \shat the modern Iliilori ins have not thouglit of, in fjxraking of the ancient Navig-atioi; of /// this is ajip.nently that of the prefent Dill : 'I'hey, in returning, adds he, departed from thence in the Month of Du.mbtr, or even in that of "January, and this Traverfe was made, according to him, in forty Days. The I'eriplus of the Red Sea, attributed to Arinuus, fiiys tlie f.uiic, according to Mr. Uu(t \ it informs us flirther, that they failed from Arabia for India in the Montli of "July, and thefe Sealons are cxadly the fame now, with reipedl to the Navigation of thofe Countries. Mr. Uui'tt believed, by the Relation of Tliny, tliat tlufe Courfes vvrre new, and had been difcovered by the Romans, which might be io in Regard to the Romans only, but it is abfolutely not tlie fame in RetpeCt to the Arabians, as thefe Routes were at that Time known to the I.tter, and had been fo for fcvcral Ages. The Author of the Periplus, before-mentioned, lays, that it was an ant lent I'ilnt named Hypalus, who firfl difcovered, by Favour of a South Weft Wind, this Courfe to the Indies, and that his Example was followed with fb much Succefs, that they gave to this Wind, the faid Pilot's Name '■". However, we ought to be perfuaded, that this only regards the Navigation ot* the Romans. In fine, after thcfe Eclairciflemcnts, we oujht not any longer to be furprizcJ at the ancient Splendor of the Aratians, which, at the fame Time, occafionej that of the Tyrians and E^ftians ; the commodious Situation of their Country, the Plcaflintnef s of a frequent oralmotl continual Serenity of their Sky, thedirevlt Regularity of the Winds which reigned in their Oriintal Seas, and their own Spices, above a'l, the Incenfe, were Advantages which would naturally render them florrifhing, if improved, as they always were by them ; and it may be addeil, that the Goodnefs of their Ports, infinitely better than all thole of India, w.is what favoured them moft in their Commerce. I asi ftrongly led to believe, wiiK Mr. Huet, that the Surname of Happy, which Arabia anciently received, only came from the Excellency of her Plarbours, and from tiiat of her former Com- merce. This Arabia, called happy, was never fb rich in its own ProJuA as to merit fo fine an Appellation ; it might rather have been given her for being the richeft Nation in the World by her Traflick with Strangers, than becaufe her Soil was found better comparatively than that of Stoney or DeJ'crt Arabia. The laft Remark to be made is, that the Treafurcs and Commerce of the Ara- bians enriched the neighbouring Nations ; 'Judca, above all, felt it moft, as may be judged by the Revenues and Wealth of i^'Aomon, which the Scripture dclcribcs 6 ia * Tra.li liu Ctmm.icl et Jf !a Naviiaiiii, far M.Wuti, Ciaf.^^. in AND COMMERCE, FROM THEIR ORIGIN. In the tenth Chuptcr of tlic firft Bdok of Kings, and tlic ninth arul fccond <,( CbroHiilfs, to have hccii I'o immciiie " that all the Kings ind Ciovcrnois ot Aiith-.i hroiij;ht him CJoId and Silver, hclidcs his annual Revenue, amounting to lix Hundred and lixty-lix Talents of Gold ;" and it is likewile from thence known, what were the Prelciits which the (^een of Sbeba made him, after coming from the IJt'ptli of Arabia to fee him and prove his Wifdom, importing only in Croid one Hu-nlred and twenty TaliMts, hcfidcs Spices and precious Stones, nukin-', nccordiny to I'ather C.almct, 8,17^1,000 Frciicb I.ivres, or, at the Ivxcliangc of 54^/. piT Frencb Crown, of three Livrcs, as it was then governed, about 6 1 ^,200 /. Sterlinj!;: though Dean Prii/eaiix computes it at 864,000/j a plain Proof of the great Riclincfs of this Qiieen's Country ; and, to confirm the many Advantages that ytidfa reaped from IraJr, I think Dr. Ciarcin might have addcil to what he- has (jid on tliis Suhjert, tlie Mention that is made in the twcnty-lecond Chapter of the firll Hook of Cbronicks, of the Wcahh King DaviJ had prepared for tlic Houie of the Lord: rA-. an hundred tboufaiul 'Talents of (JolJ, and a thouftind times, one thoufindTalents of Sikrr, making the immenfe Sum of 1 170,000,000/. Sterling, according to the aforefiiid Dean's Calculation of 7,200/. per Talent of Gold, and 450/. per Talent of Silver, only in thofe two Metals, befides, Brafs and Iron without Weight, and tiie Addition that he made out of his privy Purfe, towards that pious Work, of three ihoufand Talents of (Jold, and feven thouf^md Talents of rclined Silver, as hinted in the twenty-ninth Chapter of the above-mentioned Book, and the fourth Verle ; to which we may fubjoin what is recorded in the fcvcnth Verfe, Tbat the Fathers and Primes of the Tribes of Ifrael, 6cc. gave Jive tboufand Talents, and ten thoufand Drams of Gold, ten thoufindTalents of Silver, eighteen thoufand Talents of lirafs, and an hundred thoufand Talents of Iron, as an additional Proof of the iJencHts brouL^ht to this Country by Commerce ; for none of this vaft Treafure was the Produ»;t of it, and confequently mud have been imported, to the great enriching both of Prince and People ; as plainly appe;irs from tlie Magnificence of their Gifts. And though we have not the Account of King David's Trade to tlic Land of Ophir and Tarjhijh, as fully noticed as wc have that of his fon Solomon s, yet he undoubtedly commenced it, on his Con- quell of the Kingdom of Edom, which made him Mafter of Rlath and Ezionge- rer, two Sea-Port Towns on the Red-Sea ; from whence he might, and certainly did, dirciil his Trajjick to the Coaft of Africa weftward, and to Arabia, Perjia, and India, on the Eaft ; and, as he lived twenty-five Years after making that Conqueft, we m.iy account for hi? amalfing fuch, othcrwife, an incredible Sum, by the long Continuance and vaft Profit of nis Trade. I am not ignorant, that many learned Authors judge the Talents above-men- tioned to have been lefs than they are here calculated at j yet, fuppoling with them, that they were not above half the Value, the Sum ftill remains prodigioufly great, and Hicws, what I am contending for, that Commerce alone could furnifh fuch a Treafure. From the Commerce and Navigation of the Arabians, we may pafs, with great Propriety, to that of the Fleet of Solomon, which went to Ophir After what we have iccn of the Navigation of the former, it will not be very dif- ficult to make appear more clearly than has ever yet been done, which Way it took for performing this Voyage. Firjl, there is a great Probability, that Solomon was informed by fome Arabians, or by the Queen of Sheba herfelf, long before (he came to fee him, of the Mari- time Places, from whence they drew their Gold, their Spices, and the other rich Merchandizes of their Commerce, as well as of the Route which they had to go J and that it was in Confequence of this Difcovery, that he took the Refolu- tion to maintain, in fome Port of the Red Sea, a Fleet 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 othcrwife for many Reafons, which may be deduced from all that I have advanced, and from that which I (hall yet add here. Secondly, it carinot be doubted that Solomon, after this Difcovery, and with the Dcfign of drawing from India, the fame Trealiire which the Ports of Arabia procured, did not take Care to fecure Pilots to conduit hi* Ships to thofe Places ; and n Na VtCA. TION or Klu r, ^ |8 AN HISTORICAL DEDUCTION OF TRADE flnd as his Fleet wanted Men to fit it out, and ferve aboard it, this Prince, f'ui* that Reafon, obtained, an the Scripture informs us, from Hiniin King of 'Tyn; fame People experienced in Maritime Affairs, who, as it likewil'c appears, had alio Ships in the Red Si-a, to join with thofe of Solomon in this Voyage. It is evident by what I have faid, in Regard to the /Irahiitiu, th.it the Kbnds of Ceylon and Sumatra were the principal l^laccs, to which they lailcd ; the I'lcet of S'/lomon ought certainly to do the fame in holding the fame Route j I would fiy, in traverfing the midft of the Sea. It cannot pofitively be affirmed, that the I(le of Crylon his been formerly rich in Gold, as many of the Learned believed, and that this I'lcet which certainly went thither, drew its CJold from thence, as it did its precious Stones, Catlia, and Cinnamon ; but it may be fuppolcd, with much greater Probability, that it got it from fomc Part of the Pcninliila of Malacca, called anciently the Clwr- J'onefi of Gold, or from the Ifland of Sumatra, fmcc this has been always, as it ftill is, full of this precious Metal. The Sea is as ea(y, or ealicr, to pafs from the Illc of Ceylon to that of Sumatra by the wcllern Monlboii, than it is from Arabia to the Coaft of Malabar, or to the Illand of Ceylon, as I have tlcnion- Itratcd. Thcfc two Travcrfcs have been always pradtifcd with the grc.itcll Faci- lity. That which the Learned fuppofe, along the Eaftern Coafl of ylj'rica to Soff'ala, is ten Times more difficult and dangerous, without rccitoning tli.it this laA Place is two hundred Leagues more diilant from Arahia than the Illc of Sumatra is, and that the Winds, which are not the fame, nigh this Co.Ul, as in the Middle of the Sea, are irregular, and very often contrary. In a prujicr Scafon, a Paffagc is now made from Arahia to Sumatra in lefs than a iMt)ntli, which can- not be done in four, from the fame Place to Soffala, by coafting Africa, in ;uiy Time that may be chofcn. It is then clear that this is that diredt Route from Arabia to Cijkn and Suma- tra which the Arabians took j and which the Fleet of Sohmon always cliolc as the cafieft and moft profitable, or as the only one that could procure him the moll precious Merchandizes of all theEaft as well as all Sorts of Spices. Aloe, which is a moft odoriferous Wood, and which is fpoken of in Scripture, is only found in thefe Countries, and of which it having been always a principal Commerce, is a ftrong Proof, that the Fleet of the Arabians, and that of Solomon, went to thofc Places. Let us yet aid, that the Woods of Almuggliim came from thence, and it may reafonably be luppofed the Sandal, being alfo a fwect linelling Wood ; it comes from the Ifland of 'fimor, and the MacaJ/irs have always carried it to Malacca and Achin, in the Ifle 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 Truth of thofc an- cient Voyages, ought to relcafq the Curious from the Perplexities and Einbar- raffmcnts, into which the Commentators on the Bible, by the Difference of their Opinions on this Matter, have thrown them. The ancient Hiftory of Commerce recei " ''Ifo 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. Befides, it is fcen by thefe very Eclairciffcmcnts, that it is by no Means ne- cefl'ary to make the Fleets of Solomon and Hiram undertake the painful Tour of Africa, to fetch every Time the Gold and Merchandize as far as Spain, as Mr. Uuet has pretended, and yet more recently the Author of the Speclacle de la Na- ture. Thele Gentlemen, on the Credit of fome ancient Hillorians, who relate an Example of a Voyage tliat was made round Africa, have thought they might conclude, that the Fleets of the Hebreivs and Tyrians, which failed from the Red Sea, made this Route in the fame Manner, and, what is more, that tliey repeated it, according to them, every three Years. This is not a proper Place to enlarge on explaining the Dirticulties the Fleets muft encounter, to make this prodigious Tour along Shore, as thcfc Authors have advanced : Ir is ealier to imagine it in a Clofet than to make it on the Spot, and to go to examine -^r prove the Dangers ; if they had drawn for themfelves an exad Pidture of the F'atigUCs to be en ' red in riflcing to follow the Coafts of this great Part of the World, and had pai.ited the unknown Shelves and Banks under 3 - Water, : an AND COMMERCE, FROM THfetR ORIQlt*. Water, with which the Coaft* are fo well furninicd » the contrary Wiiuls ami Currcnti which laft long j and, what is vorfe, the Wrecks which Tctnpcfts .\\. inoft continually occalion, on Iwng too near a Shore, they would, without Dmibt, have changed their Language. Even now, when Navigntion is more perfe(fl than ever, how many Wrecks happen in tempcftuous Seafons, when Snips are in Sight of the Coafts either near their Arrival, or after failing from feme Port ? Thcfe Wrecks would Ik more frctiucnt and numerous, if the Seas and Havens were ilrangc and unknown, and without the Charts now ulcd, of which they were formerly ignorant. The Coarts of Africa are in many Parts difficult to frequent i there are Heights, Lengths, and Sttxpncffcs, full of Shelves, and where the Sea is dread- ful in the Motion and Noife of its Waves, which break againft an Infinitude of Rocks. How many Ships have the Portuj^iffe, Knglijh, ond Dutcb loft, and ftill lofe, near the Cape of Good Hope, notwithftanding the great Experience they have had in Navigation on that Coaft ! Tlicir LolTes have been ftill greater on many Occafions in the very Road of that Cape. Africa has in truth always produced Gold and Ivory, but it is a Miftake to think that it has aUb yielded Spices and precious Stones ; if Hirtorians of former Times, and, ;iinong others, Vhny have affirmed it, they ought to be regarded as havini; f.iUcn into an I'.rror in that Rcfpedt, the fame as has often happened to them in many other Things. On the contrary, the Indies have always abundantly afforded thcfe rich Pro- duflions, with many others, of which Ufe has been made in Trade. Prcfcnt Experience futlkes to demonltrate thefc two TYuths j and thcfe are Faifts which prove in their Turn, thit it was not to Africa, and yet lefs to Spain, that Sohmon fcnt his Fleet to load thofe prcdwrs Commodities, fc diligently fought after in Antiquity. If any fuch Fleet had riiked making the Tour of Africa to 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 Mediterranean, to get to fome Port in Syria, which is much nearer, and the Sea better known and lefs dangerous ? Opbir and Tarjhifi, where the faid Fleets went, according to Scripture, arc not then the fame Places that Meff. Huet and Pulche have endeavoured to eftablifli in Africa and Spain, viz. Opbir at Soffala, and TarJJjiJh in Andalujia. The learned Bochart has likewife found thcfe Places in the Indies, notwithftanding the Oppolition which the Abbe Pluche made againft him. I am ftrongly led to be- lieve, with Antoine du Pinet, the Tranflator of i'//>y, that Tarjhijh was Guzurate, named by PJiny himfeli' Gedro/i Populi, That Author always tranllated this an- cient Name into that of Tarjhijh and Guzurate. The firft Voyages to the Indies were made from that Side, and it is probable from this, that the Helireivs called the Sea which bordered on it, the Sea of Tar- fl.ij}.', to diftinguiih it from the Red Sea, whicli was the neareft to their Country among thofe to the Eaftward of them. In fm;, in Refped of Ophir, it appears, that that Place muft be Sumatra, bccau*-- this Ijle has alwaj •« been the richeft in Gold ; or elfc the Peninfula of M'^iacca, believed to be the Golden Cberjhnefe of the Ancients, and where were found the odoriferous Woods, and other Aromatics, which the more remote Na- tions have always brought there, and even to Acbin, tlie Capital of Sumatra. To finifti this Subje"^, I rtiall remark, that the Author of the Speilacle de la Nature has attempted to demonftrate, " that the Knowledge of the North Star ♦' rendered Navigation anciently more bold and fortunate ; that the Phcenicians " were thofe that applied themfelves to it moft ; that they taught it with Succefs " to the Hebrews, and that rhey fervcd for Guides to the fleets of Solomon -, and •' that, h\ fine, by their indefatigable Adlivity, and by their continual Attention *' to the Information of the Polar Star, they penetrated every where :" By which this learned Man gives us to underftand, that thefc ikme Pheenicians made the Hebrews make the Tour of Africa by the Afliftance of that Star j but how coul4 itferve for this long Voyage, when it is hardly feen only at five Degrees of Northern Latitude, that u to fay, one hundred Leagues on this Side the Line ? i'^ This 30 AN HISTORICAL DEDUCTION, &c. This Author, to flicw that the Phanidans with the Hebrews might make thts Tour Coaftways, relates an Example taken from Herodotus, "viz. tliat Necuo, King of Egypt, fent foine Pilots on the Red Sea, and ordered them to niaivc the Tour of Africa, which they did, and, returning by the Stniits of Gibra'.tar, they arrived in Egypt the third Year : But when will another Fleet, fuppofing this Story true, be able to do the fame ? And, feeing that thefe Pilots were near three Years in making this Tour, the Fleet of Solomon would not have failed being almoft fix, in making the lame Voj'agc twice, going and coming, without count- ing its Stay in Spain ; befides, a Fleet never faUs, by a third, fo quick, as a Ship or two, can feparately. As thefe Pilots with their People did not incumber themfelves, it is l;iid, with many Provifions to make this prodigious Tour, he takes Care to relate the Paf- fage of Herodotus, which fays, that thefe People advanced into the Southern Sea, and that as they were not ignorant, that the Summer Rains deftroyed, in the moil re- mote Part of Africa, that which was fown in the Spring, -when they found them- felves in Autumn, they landed, fowed, and waited the Crop, without ever leaving the Coajls of Lybia, that is to fay, of Africa, getting in their Harvefi, and reimbarking. This favours ftrongly of a Fable, to any one acquainted with the Country and Soil of Africa ; befides, Herodotus fuppofes a Thing of which he was ignorant, •iiiz. that our Autumn makes the Spring in the meridional Parts of Africa, their Seafons being oppofite to ours. There might be many Things offered to demon- ftrate the Impollibility of this Pradtice 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 Suppofitions, when he fpeaks minutely of them. This is what Perfons who know thefe Places, by haying been there, generally remark very well and juilly. ' ■ ■ .i.'-i .'■ •\ •"* 2.*vK»i.(l THE ^^ ^;'.i: % THE MERCHANT'S DIRECTORY. Of Merchants, ivhether Natives or Foreigners ; their Charafter ; Joine DircSlions for their prudent ConduSl ; a7id an AbJlraSl of the . Laws now in Force concerning them, • ■ •» • . E THE Antiquity of the free Profeflion of a Merchant may juftly entitle it to claim Precedency to Nobility of Birth, and all heredituiy, or new created Dignities conferred on Men by Emperors or Kings ; for there were eminent Merchants in the World long before there were any Nobles, or titled Gentry. But, in the early Ages of Commerce, the Rank and Profeirion of a Merchant was neither fo well underftood, nor fo clearly diftinguifhed from that of fimple Inland Traders or Shopkeepers, as it has beeu in modern Times. A Confulion of the terms Merchant and Trader, derived from the Latin word Mercator and Tradcmh, prevailed for a long Time, and was adopted by Commercial Writers. The literal Tranflators from Cicero give no other Definition of his Senfc of the Word Mercator, than that he is a Perfon who buyeth and tradcth in any Thing. And in the early Annals of England ^nA Scotland wa find Traders, who reforted to the publick Fairs, indifcriminately ftiled Mercatores ; they are thus denominated in the publick Records in the Reign of Edward I. But, after tlie firm and extenfive Eftabliflmient of Commerce in this Count!ry, prote(fted by a maritime Force, and improved by the Settlement of Colonies, a juft Diftindtion took Place between the Merchant, and the inland Trader, whether in the Grofs or by retail. Mun, an eminent modern commercial Writer, very happily calls a Merchant, ihe Steward of the Kingdom's Stock, by Way of Commerce with otlier Nations. " None therefore, in Great. Britain, can properly be Jiiled Merchants, but fuch as export her native Produ^s and ManiifaStiires, or thnj'e of her Colonies, to fo- reign Climes ; or import the Commodities of different Countries into the/'e Kim^doms." To this proper Acceptation of the Word Mercliant it will be necenary ftrivtly to adhere, tiiat wc may not confound the Rank and Charafter of the Britijh Mer- chant, with that of th^ wholefale Dealer or Trader, an Error which we may be ealily led into, if we confult the common Diredtories and other printed Lifts of our Citizens, fomc of whom, prompted by Vanity, give a fmall annual Ciratifica- tion to the Printers, to be placed in the firft Clafs of Citizens, when their Situa- tion only entitles them to the Second. This Diftindlion deferves particular Notice In this Place, becaufe the Education required to accomplifh tlie Charadier of a Britifh Merchant, is by no Means neceffiry for tlie fecond Clals of Citizens, wholefale Traders. Ti.e mercantile Profeflion ftands in a high Degree of Eftimation with all the Nations of Europe, except Spain. In France, by t.vo Arrets of Levels XIV. the one in 1669, and the other in 1701, a Nobleman is allowed to trade both by Land and Sea, without any Difparagcment to his Nobility ; and we have frequent In- ftances of Merchants being ennobled in that Country, from Refpedt to the Utility which their Commerce, and the Manufaftures they have fet up, has produced to the State. In Bretagne, even a Retail-Trader does not derogate from his Nobi- lity, which only fleeps whilft he continues to cxercifc it, or, in other Words, he — - only 3ft II' Oh' MERCHANTS. only ceaies to enjoy the Privileges of his Nobleflc, whilft he carries it on, and rc-affumcs it by leaving off Trade, without any Letter or Inftrument of Rehabi- litation, in many other States, and more efpecially in the Republics of Venici', Holland, and Gown, its Value increafes, and I wifli I could fay the ilunc Regard Was paid to it ii. Eriglmid; but its Importance is not fo juftly confidercd by us as it ought to be, more efpecially, as we enjoy every defirable Advantage for carrying it on -, and, could the Gentlemen engaged in it be brought to this Way of thinking, and he perfuadcd to do Juftice to a Profeflion we all eftcem ho- nourable, by a ftrider Imitation of the above-mentioned States, and, not oijly ftudy, but adopt their Affiduity and Diligence, mofc efpeciaUy that prac- tifed by our induftrious Flemijh Neighbours, from a fincere Convidlion of the Excellency of the mercantile Employ; we fhould foon outftrip every Competitor, and render the Britijb Mtrchtmt as celebrated as the Brftijh Valour, or the Brrtrfh Power, which he, more than others, contributes to fupport. It is true. Com- merce ftandsfo fair in the Eftcem of an Engiijl:tiuii,, and promifes fo many Occa- Ijons either for raifing or improving a Fortune, that many younger Sons and Brothers of Peers arc frequently i)red up to, and embrace it j but then, tJiey arc too apt to quit it on fuccecdiiig to the Dignities of their Families, or to ibme publick Employment, and withdraw thofe Funds, which might otherwifc be continued in it, both to their own and the Nation's EmolurwCnt ; whereas, was a contrary Pradiccobfervcd, and could many, whofeimnienfe Riches enable them* be perfuaded to purfuc their firft Beginnings, and deftine Part of tliejr great Ef- fedts to run into this Channel, we Ihould fee Commerce yet daily improve, and many more adlive Profefl'ors fliining at the Head of it tlian we now do ; a Num- ber of important Enterprizcs might be undertaken, and l\appily concluded, to the no fmall Increafc both of publick and private Intereft : But it is a Misfortune that many Gentlemen who have been enriched by it, or their Inheritors, fre- quently withdraw from it, to live in Retirement, or by an Advancement to Ho- nours and Pofts, cliange the profitable and pleafureable mercantile Life for the more troubiefome, though fplendid one, of Grandeur and Power; and notwith- landirig fuch may, and undoubtedly often do, look down on their quondam BuH- nefs as derogatory and now beneath them, yet a prime Minifter of France, and feveral fuccellive Grand Dukes of TiiJ'cany, as mentioned in the preceding Dif- courfe, I fliould think might countenance any one's Continuance in it, as they deemed it no Difparagement to their high Stations. And, to {hew how Com- merce is thouglit of by inoft Foreigners, we may fubjoin to the Examples already quoted of the Regard paid to it, that many of the Italian Princes are the princi- pal Merchants of their States, and think it no Difcredit to make their Palaces ferve as Warehoufes. Many of the Kings of AJia, moft of thofe on the Coart of Africa and Guinea, traffick with the Europeans, either in Pcrfon or by their Miniftcis j fo that, in Reality, Spain is the only Country I know of, where the mercantile Profeffion is in Difrepute ; and there it is counted lefs ignoble and ungenerous to beg, than to make, or improve a Fortune, by merchandizing. And, before I pro- ceed to mention the Laws in Force concerning Trade and Commerce, I (hall here dcfcribe the neceffary Qualifications of Merchants, and give fome few Rules for their ConduA, tending to fecure to them the Succefs they aim at. Previous to a Man's becoming an univerfal Dealer, he ought to treafure up fuch a Fund of ufcful Knowledge, as may enable him to carry it on with Eafc to himfelf, and without rifking fuch Loffes and Difgraccs, as great ill-concerted Undertakings will naturally expofe him to ; wherefore, to reduce this necellai-y Science to a proper Regulation, I (hall recommend the following Psrticulars to his Acquirement, and, if his Concerns are more limited, his Learning and Know- ledge may be fo too. "The firft Care of Parents or Guardians who defign to bring up a Youth to be a Britidi Merchant (hould be, to inftil into his tender Mind the founded Principles of Religion and Morality, and a facred Vencra:ion for Truth ; Probity (hould be the Balis of all his juvenile Actions : nor (hould he, even in iiis Sports and FalUm^Si ever be fufiered to forfeit his Word, or evade hi» Promife. ,f^ The n (u Poll O F M E R C H A N T §. " r Tlie early Cultivation of his native Tongue is iadifpenfably neceflary and to' be preferred to the Study of the dead Languages. Parents cannot be guilty of a greater Folly than to make Lads labour hard at Latin 'and Greek feven or eight Years, when perhaps they will not have Occafion twice in their Lives, to fpeak, read, or write, either of thefe Languages. . .• ^ i. . The gemral Merchant then, JJiOuld Iciini i }.-.i,, , o''ilT 1 . To write properly and correctly hiS native Language. 2. All the Rules of Arithmetick, which have any Afi^nlty or Relation to Commerce. 3. To keep Books of double and fingle Entry, as Journals, Ledger, &c. 4. To be expert in the Order and Forms of Invoices, Accounts of Sales, cics of Infurance, Charter-parties, Bills of Lading, and Bills of Exchange. 5. To know the Agreement between the Monies, Weights, and Meafures ot all Nations. 6. If he deals in Silk, Woollen, Linen, or Hair Manufadlories, he ought to know the Places where the different Sorts of Merchandizes are manufadlured, in what Manner they are made, what are the Materials of which they are compofed, and from whence they come, the Preparations of thcfe Materials before working up, and the Merchandize after their Fabrication. 7. The Lengths and Breadths which Silk, Woollen, or Hair Stuffs, Linens, Cottons, Fuftians, Gfc. ought to have, according to the diverfe Statutes and Regulations of the Places where they are manufadlured, with their different Prices according to their Times and Seafons, and, if he can add to this Knowledge, the different Dyes and Ingredients which enter into the Formation of the various Co- lours, it will not be ulelefs. ' 8. If he confines his Traffick to Oils, Wiin,: Gfc. he ought to inform himfelf particularly of the Appearances of the fucceeding Crops, for his Government in difpofing of what he has on Hand, or to learn, as exadtly as he can, what they have produced when got in, for his Dire...i of their Afiairs. Thofe who traffick in the Merchandize of our own Manufadlories, or confine their Trade to the Confumptlon of one City only, run lefs rifks, and carry on their Bufinefs eafier than thofe no difpofc of their Goods, not only in the Place cf their Refidence, but to Dealers or Retailers in other Parts of the Kingdom, a ' or '% m :c OFMERCHANTS. or abroad } this ftiall be explained, after treating of the Manner which Merchants ought to obferve in the Purchafe of Commodities, .:.id the efVabUfhing Fabricks themfelves. And /or this it is to be remslrlced, that in Places where any confiderable Manu- fadlories are fettled, there ar<: generally aflbciated Merchants, who fupply the Fabricators with the neceflk'.y Materials for. their Works, which they fell them, and in Payment take their Goods, which they afterwards difpole of in other Places, or on the Spot* to fupply Commlions given them. Though there are fome of tne Artificers fo opulent, as to buy and procure the Materials they want for the fi'pply of their Manufadlories from the firft Hands j yet there are others, who being Mailers of Icfs Stock, fell their Goods to the firft Purchafers that demand them. Now Merchftnts muft govern themfelves in their Dealings with thefe three Sorts of Men, according as the Times and Seafons (hall dictate ; for in thofe when the Merchandize are fcarce and in Demand, they muft buy of all as well as they can, and according to the Advantages that may prefent j but, when Com- merce is dead, or little ftirring, and Abundance of Goods lying on Hand, they ihould then aft with Circumfpeftion, and obferve the following Maxims in all their Purchafes. 1 . When GoodsTaegin to rife In Price, which commOnly proceeds from thefe two Caufes, either that the Value of Materials is exceedingly augmented on Ac- count of their Scarcity, or that there are but few Goods ready-made, to fupply a ''rilk Demand, it is natural for thofe that are pcrfcdtd to increafe in Value, in Proportion to the Want and Paucity of them j but it is Prudence in him who would buy under fuch Circumftances, to examine the Caufes that produce this Augmentation . and, if the Goods are Silk, enquire whether the Crop of that Commodity has been good or bad, though, if the Seafon has been moift and rainy at the Place of its Growth, he may be afTured of the latter, and that the Scarcity of the Merchandize proceeds from this of the principal Material. It is equally the fame in the Manufadtories of Cloth and other Woollens, when Wools are fcarce and rifen in Price j and the fame with Linens under the Short- nefs of the Crop of Hemp and Flax, and indeed of all Sorts of Materials, which compofe the Manufadhires of the different Sorts of Merchandize, current in Trade; becaufe the Scarcenefs of thefe augments their Price, and confequently that of the Commodities made of them. There is no Doubt, that when the augmented Price of Merchandize proceeds from the Scarcity of their Materials, that it not only will remain fo /ong, but that it will daily rife by little and little, and in this Cafe afford the Merchant no Room for Deliberation, who ought immediately to buy and make his Bargain, to re- ceive afterwards, in a certain Time, the Quantity he judges he may. want to fell. If the Rife of Goods proceeds from there being few in the Fabricks, and a great Demand for them, and not through Want of the Materials which compofe them, the Buyer ought to aft with Sagacity and Prudence in their Purchafe j be- caufe this probably is a Fire that will foon extinguifli, and this Augmentation laft no longer than the Warmth that occafioned it, for two Realbns j the firft, becaufe it may be. Chance effeftcd it, owing to feveral Merchants of different Places accidentally giving their CommifTions at the fame Time, or that they happen to meet at the Manufaftories, which makes the Fabricators ftand firm to their Prices j though, when thefe Merchants are fupplied. Things return to the fume State they were in before, and fuch an Occurrence makes them fometimes even di- minifh greatly in their Value, becaufe the Workmen, feeing themfelves fought after, engage deeply in their Fabricks, and the Abundance then occafions a Cheapnefs, in the fame Manner, as a Scarcity before produced the Rcvcrfe j and thefe C'^nfiderations are very important towards fuccefsful Purchafes. 2. The fecond Maxim, necefiary to be obferved in the buying Merchandize is to be extremely cu-cumfpeft in his Words, that the Purchmfer's Defire of having the Goods he is treating for may not appear ; and he fhould not flight or under- value them, in order to be thought not to want them, as this Cunning only ferves to embarrafs tlie Mind of the Manufafturer, and make him more firm and tena- cious 35 1« 1* I 4\ O F M E R r H A N T S. f cious under the Uncertainty, whether this is a Feint or not, and is a Means of his not Co foon refolving to part with his Goods at the Price offered for Fear of being furprized : On the contrary, he ojught to adt with Sincerity and Franknefs, accompanied, however, with Prudence; Workmen liking better to deal vCith fuch Sort of Chapmen, than with thofc who ufc Tricks and Subtlety. 3. The third is to confider whether the Merchandise has diminiflied in Price from a higher Degree to which it was before rnountcd, or whether it is augmented m Price froni a lower one, at which it was, by Rcafon of a Dulnefs in Trade, or by the too great Abundance that there has been in the Fabricks : This is the greateft Nicety on the Part of the Buyers, For if it is at the Height of its Dearnef;;, and tends to a Fall, then you ought not to buy, becaufe it i.^ certain, that if the Caufe which made it mount to (b high a Price ceafes, it will daily diminifh, till it returns to the Point of its jufl Value. „..',,., On the contrary, if the Goods arc at their loweft Viluc, and the Price begins to "ff., 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. Aiid though what has been faid may appear a Paradox, it is however a Truth founded on Experience, and by which ihe moft fliilful and ingenious Merchants have greatly loll or gained, according as they have timely taken their Mealures or neglefted them. 4. The fourth Maxim in the Purchafe of Goods is, both to know aipd .refledl where they will meet the bell Sales, and then fuit their Quality to the Tafle of the Inhabitants. 5. The fifth Maxim is to buy of the pooreft Workmen, becaufe they, not hav- ing Means to Liy up their Manufaiflures, muil fell cheaper than the Opulent, who have Subflancc, and can keep their Goods till a fit Opportunity ojftcrs for a more advantageous Sale. 6. Tne fixth Maxim is, not to be drawn in to engage beyond your Capital hf 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 Punduality herein will oc- cafion a Lofs of Credit among the Fabricators, not ^o be recovered. 7. The feventh Maxim is, not to employ, as Fadlors at the Fabrick, any who afl- as Merchants, and fell the Materials to the Manufadlurers ; for they always bu^ 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 they take of them Merchandizes in Payment, which are neither fo good nor fo fafliionable as thofe bought with ready Money. 8. The eighth and lall Maxim, which I fliall mention on this Subjedl, is, that if the Buyer has a Partner, one of them fliould be on tne Spot, for two Reafons,; Jirji, becaufe, being interefted in the Purchafe, he is more diligent, and takes better Care of what he does, than a Fadlor, who often regards nothing more than his own Intereft, and who, having Commifllons from feveral Merchants, favours thofe he pleafes : The Jecond is, becaufe Affairs are tranfafted more fecretly, and, many Times, Opportunities offer for good Purchafes, which one commif- fioned doth not dare to engage in, though on fuch Adventures large Profits are frequently to be made. Thefe Maxims alfo hold good in the Purchafe of all other Coimnodities, and if carefully attended to, will lead the Merchant in the Steps he ought to tread, to fecure Succefs j and as thefe have been advanced to guide him in laying out his Money to the beft Advantage, I fliall now borrow the AHiftance pf .the fatne Au- thor to furnifh him with proper Diredions for liis Management in concluding his Sales. , Ftrjt, The Merchant ihould avoid many Words and Circumlocutions in lijs Dealings, as they will make him look more like a Retailer than one who is not fo ; and, fuppofing he is treating with one of this laft Clals, he may be affured, that the Buyer underftahds the Value pf the Goods, .fo that the Mcrchant.ordy Oii- calions himfclf an unrieceflary Trouble to afk much out of tlie Way > .therefore what is principally to be obferved, in Sales on Credit, is, tha| bis Debtor bco^e noted for his Pundluality and Honefty, and alfo for dil'patching large (^antities of 4 Goods O F M 1-, R C H A tJ T S. Goods, as tliefe Motives Ihould induce a Preference to be givei^. to one f;) qu.i- lified, though with lels Profit, rather than to anothci- witli an iiilcriur CrcJit and lefs Trade. 2. If the Merchandizes dealt in are fuch as arc dcpendc.it, in fome iioit, for their Value on the Mode, Seafons ought to he coni'ulted foi- advantageous Siilcs, fo that, if tholt proper for the Winter are alked for at the latter End of it, it is not reafonable to expedl fo much then as in the Beginning, neitlier is it coniiftent with the Owner's Intereft to keep tliem, as he may have no other Offt;rs till the returning Year, and he then rilks their continuing in Fa(hion, 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 Perf&n ; for, in Cafe of a Failure, it may ftraiten him, and, in the End, bring him to the fame Mis- fortune J therefore Prudence will diredt him to difperfe his Effedts in many Hands, that, if one or two mifcarry, he may be Ids lenfible of his Lofs, and better able to fupport it : This is a very neccflary Maxim to be obferved '^ thofe who have large Dealings, as the Sufferings by a contrary Pradice are in- numerable, and there is no one Article of Mifconduft that has brought fo many to Ruin at this, 4. A Merchant fliould not inconfiderately engage with yonng Men, who have little more to recommend them to Credit than being the Childrtn of rich Parents, as.a Trufl on this Account is the Product of a very falfe Maxim ; becaufe, if they do otherwife than well, their Fathers would hardly pay tiieir Debts, as the Creditor may have flattered himfelf, neither is it reafonable to expeft it, no more than to think they Ihould incommode themlelves, or hurt tlieir other Children, purely to fupport a Son, whom Gaming, Debauchery, or at beft Imprudence, has reduced. 5. If it happens, that Debtors omit paying what they owe at the Time agreed on, the Creditors fhould not opprefs them with an extravagant Intereft j for, though Neceffity obliges them feemingly to fubmit, it is a fure Canker to their Fortunes, which too often at laft involves both the Trufted, and him that trufts, in Ruin. Befides, if the latter efcape a Failure he has drawn the other into, I fhould think he muft fufftr fcverely from the Stings of Confcience, when rcfledling on his occalioning the Debtor's Misfortunes, by the Extortion he had impofed. 6. The fixth Maxim is never to lend to any Sort of Perfons whatfoever on an unjuftifiable Security, nor to take an unwarrantable Intereft j for this is a deteft' able Adt, and expo&s the Ufurer to the Penalty of the Law, and renders him abominable both in the Sight of God and Man. It is, however, both reafonable and prudent for a Merchant to take Pledges or Securities from his Debtors, and to be cautious of what they conftft j for, if they are in Merchandize, the Colours, FaOiions, &c. of them may change, or the Quality may fuffer by keeping, fo that whilft he imagines he has the Value of what 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 inftead of Notes for Se- curity, the Seller or Lender ftiould add to the above Precaution, tiat of making the Terms of the Depofit very clear and apparent, in Cafe of a Failure in the Debtor, and a confequential Claim of the Goods by ihe other Creditors, as a joint Property ; otherwife he may be accufed of endeavouring 10 conceal the Bank- rupt's Effedts J and if he has not taken the prudent S:jps he ought in his Dealings, may be obliged to give up what he has received as a Security, befides fuffcring in his Reputation, for being unable to juftify what he afferted and pretended j it would therefore be very proper to have the Affair tranfafted before Witneffes, or at leaft to have all the Goods that are pledged particularly fpccified 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 todifpofe of fuch Goods as are decay- ing, damaged, or growing unfafhionable, as foon as he conveniently can j and if Money is not obtainable for" them, he fhould barter them, if he can do it, on a tolerable Footing ; regarding, however, in this Cafe, not to make tlie Exchange, L a* ^ Li il 4; || 0FMERCHANT5. ta It were with his Eyes fhut, but, /r/?, be certain, that he is well vcfCci.] in (fje Quality, and has a pcrfcft Knowledge of the Goods he takes in Return, c/thcr- wSe he may verify the Proverb of being Out of' tin- Frying- I'au into tic Firr; for Deceits are very common in thefe Ncgociations. Secondly, he ought to know where, and on what Terms he can get rid of his new Eftei'^s, othcrwilc he may rilk lofing more by them, than by his old ones. And, thirdh, he (liou)d always avoid giving any Share of ready Money in the Bargain, if he [x)lV;bIy can, as lie that parts with it is fure to have lefs Advantage in thefc uncertain Dealings, i\\\.\ he tmt receives it. 8. Anu lajily, A Merchant fliould never fell any of his Gooth in finall I'arcch, except driven thereto by mere Neceflity, as this is derogating from his Cliaradlcr, and will certainly occafion him a Lofs of his Retail Cullomeis. I fhall now lay before the Reader, Abftradts from the Statute Laws of Fjiglavd, relating to Merchants, independent of the Law-Merchant, or the La^vs of Cor- porations and Commercial Companies. Merchants here, were always confidered as fubjeft to the Jurifdiftion <>f the Common-Law J though the municipal Laws of Ew^/W, or indeed of any ontf Realm, are not fufficicnt for the ordering and determining the Affairs of Traf- fick and Matters relating to Commerce ; Merchandizing being fo univeilal, ami extenfive, that it is impolTiblc; therefore, the Law-Merchant was ellablithcJ, fo called from its confifting of certain invariable Maxims, Rules, and Regula- tions, which have attained the general Affent of the refpedtable Mcixliants of every confiderablc commercial Country for Ages part, and to which all Nations pay a juft Regard. In all Contefls decided by Arbitration, the Law-Merchant is principally adhered to ; and the common and Statute Laws of this Kingdom leave the Caufes of Merchants in many Cafes to their own peculiar lgainfl foreign Goods did not bind a Merchant Stranger; but it has Ixien a long Time 19 lltn. VU, fi"^^ vvXeA otherwife, for in the Treaties that are now ellabliihed between Nation ' and Nation, the Laws of either Kingdom are excepted, to that as the F.ngfi/h in France, or any other foreign Country in Amity, are fubject to the Laws of that Country where they refide, fo muft the People of France, or any other Kingdom, be fubjedl to the Laws of England, wlien relident here, Mich. 11 ind Englijh Merchants are not reftrained to depart the Kingdom withsut Licence, as all other Subjefts formerly were ; they may depart, and live out of the Realm, and the King's Obedience, and the lame is no Contempt, they being excepted out of the Statute 5 Rich. II. c. 2. and by the common Law they might pafs the Seas without Licence though not to merchandife. By Magna Charta it is enaded, that all Merchant Str,mgrrs in Amity (not publickly prohibited) fhall have fafe Conduft to come into, depart out of, and remain in England, and to travel by Water or Land, in and through the fame to buy and fell, Csfr. Stat. 9 EJvi. And if any Difturbance or Abufe be offered them, or any other Merchant in HI. c. I. J Corporation, and the Head Otficer there do not pro\iiie a Remedy, the Fran- chife fhall be feil'ed, and the Diflurber fhall anfwer Double Damage.-;, and futfer one Year's Imprifonment, &c. tJv>.lll 14. All Merchants (except Enemies) may fafely come into Enghtnd, with their Stat. I.e. a. Goods and Merchandize. J. Rich. II. Merchant Strangers may come into this Realm, and depart at their Pleafure, C'l.sMra.lVrjind they are to be friendly entertained : and Merchants Alien fhall be uild in thia *' ''■ Kingdom as Denizens are in others by the Statute. VI EJiu, III. No Merchant fhall be impleaded for another's Debt, whereof he is not Deb - •• »7« tor, &c. and if a Difference arifes between the Kiiig and any forciiyi State, Alien Merchants fhall have forty Days Notice, or longer Time, to fell their Eii'ccts and leave the Kijigdom. 6 .V. n. Tlic 13 Eiiz t}}tr 2ofi, t, Hn. Ill c. 30. \ OF MERCHANTS. 29 [not }ik1 to in Itttr [leir re, AT. B. The Time foi- Mcrcfjants to withdraw their EfTcds has been by all X"'^'>' "'^ late Treaties enlarged to fix Mo..ths, during which Term they arc to remain tuh'"«fl/1« free and unmolcfted as well in Pcrfon as Ooods. But by tiie lound Policy of an J other Great-Britain this regulation is rendered ufilels, for uU foreign Merchants, even ''"*'"• the Natives of the Kingdoms with wliich we are at War, are fuftercd to remain with their Effeds, and to carry on their Commerce in Time of War as ufual, fo long as they conform themfelves in every Refped to the Laws of the Land, and behave as other good Subjects of the King. The French and the Spanijh Government on the contraiy have made it a Rule, to banilh Rritijk Mer- chants and Trader!, from their Dominions according to the aforementioned Regulation. All Merchants may buy Me '•chandize of the Staple, and any Merchant may *7 ^''w. ?ir. deal in more Merchandizes than one j he may buy, fell, and tranlport all Kinds'^' ^■"' ^*' of Merchandize, excepting by latei Afts, Wool, ^c. Merchant Strangers are to find Surer-es, that they fliall not carry out the Mer- ii Ww. u. chandize which they bring into England. '^•^'• And when they bring any Merchijidizc into the Realm, and fell the fjimc^/r,„,iy, for Money, they are to below it upon other Merchandizes of England, without*:^?- 'J- exporting anv Gold or Silver in Coin, Plate, (Sc. on Pain of Forfaiture. ^ '"' The above Law is altered, permitting Gold or Silver Bullion, or any foreign Ait for Trade Coin, or Jewels to be exported. ijcvir. u. The fame extends as well to Denizens as Strangers, and in Stridnefs of Lawg/^^, yj^ they ought not to receive any Gold in Payment. But now Payment may be madoc. h- in any of the current Coins of this Kingdom. ^ 'j'"- ^'''• And the Reafons of thefe Laws were to keep the Gold and Silver within the i r',c. III. o. Realm, and at tlie fame Time increafe our Majiufadturtjs by encouraging theirs- Exportation abroad. Foreign Merchants are to fell their Merchandize at tlie Port where they land in Grofs, and not by Retail. But Goods imported in Briti j built Ships, being the Property of Foreigners, 19 Gto.ir. Ihall pay Alien's Duty. ' VcJ'iT Alien's Duty taken off upor all the native Commodities, Coals only excepted,c 6. and Manufadtures of Eng'anc i xported by Foreigners. And Merchandize is to 1m: Jodc,, und unladen, at certain Ports, and in thei£/«. c. n. Day-time under Penalties. It rtiill be lawful for Merchants to tranfport Iron, Armour, Piftols, Mufkets,Stat. 12. Car, Saddles, Swords, Bridles, Cc. ' "•=•'»• Merchants, &c. corrupting or adulterating Wine, or felling the fame adulte- '"'■»"'* ^• rated, are liable to Penalties. '*'" '•'^•^V On Importation of Tobacco, Merchants have an Allowance of Eight perizA«K.c.s. Ceiit. Cff. All Merchants Strangers, that Hiall be made Denizens, either by the King's " ^^"»- Vir. Letters Patents, or by Adt of Parliament, muft pay for their Merchandize, like^'J/^Vli.cj. Cuftom and Subfidy as they ought, or ihould pay before they were made ■£/«. cap. 1! Denizens. f-;-'""- The Wares, Merchandizes, Debts, or Duties that Merchants have as Joint- 31 f. ni. 7. Traders or Partners, fhall not to go to the Survivor, but (hall go to the Execu- '^'*' " ["■ tor of him that is deceafcd * -, and the Executor may join in an Action with the'ii^i^,\oi. furviving Merchant. i ftn. 117. In Copartnerlhips between Merchants it is not neceflary to provide againfl Survivorfhip. If two Joint-Merchants occupy their Stock, Goods, and Merchandize in com- mon, to their common Profit, one of them naming himfelf a Merchant, ftiall have an Account againft the other, naming nim a Merchant, and Ihall charge him as Receptor -f Denariorum, &c. that is, as Receiver of the Money of him B, from Ind L • Sed qogne, f§r it hatbfinei bin hiU, that the Extentcr anJ S^ntvir taitKetjnn, fir lie RimiJy furvi-utt, thtugb the Duty Jtth net ; aiiJ thirtfirt in Rectvtrj hi mufi tt atwnlMl ti tht £xtCHttr/tr that, Martin v. Crump, ^alk. 414. t 0>. Litt. 172. lib. Inciat. 17, 18, 19, F. N. B. ii7.I>. '-; n f i> I 4* O !• M F. R C H A N T .1. Lord Xir>- mmV, J40. t RoH'i Abr, roi. 70J. Yel. If*. I. Bulll. 1^. Yel. 135. !• Cafc< 2tEJu.:\n. i> ll !' /rem •whatever Cauf- or Contrail it Jlall redound to the a.w'w Pro/it j/ thm A and B, as may he made appear hy Lex Mcrcitorin, 10 If. VU. 1^). a. So where there arc two Joint Merchants, and one of them dies, the other (1j.\11 have Account againll their Fadtor, without the joining of the Executor of thi: deceafed. In an Adlion upn the Cafe a^ninft A, the Flainfi/Fdcil.ircs upon the t'liflom between Merchants, £?(•. that it two Merchants are fuiiml in Arrcar ujhjh Ac- count, and they promife to pay it at certain Days, tli.it any, or eitlur of tlicni may be charged for the whole lingly ; and tlien (liewai the Account, tli.it A :'.nJ li were found in Arrears (ii much, cift'. and proinifed to i>ay it at cert liu D.iys, but did not, and the Pl.iijitiff brought his Atticn agaiiili A only, and refolveJ that it lay. To call a Merchant Allen ; Bankrupt, is aftionablc. Tarloot cor.t, Morrifon, Debt upon a Bill by a Merchant to pay foreign Coin, ^niountii.^- to fo mucit to be paid upon the I'eaft of the Purification called Ciindl.m:u-Duy. I'pii ?!I^M and "'"* d^ faiium pleaded, Verdid for the Plaintiff. Moved in Arrcft of JuJge- PcLniirf't ment, that the Declaration was not good, becaufe Payment at C.iiiuiu-.iun is not known in our Law, yet the Judgment was aftiiiiicd, for that ainon^ft Mer- chants fuch Payment is known to be on the 20th of February, am' liie Judges ought to take Notice of it, being ufed aiiiong Merchants, '"^1 ihe Ma'ntcnanco of Trartick. No Ship Ihall be obliged to come to any Port of r.ngltvul, nor to abide, againft Cap.ii.Scci. (j^g Will of the Marter, or of the Merchants, whofc the Cioods be; and if Ibch Ships come of their good W ill, or be driven by Misfortune to any Port in Eng- land, and the Mailers or Merchants will fell I'art of their Merchandizes, it ihall be lawful for every Man to buy fuch Merchandize, albeit the fame be not pu» to Land to fell ; fo that no Merchant or other go to meet fuch Ships to forcftal the Merchandize , fo that the Malkrs and Merchants, after they have fold that which pleafeth them, and paid the Cuftom, may freely depart, and none (hall difturb any Ship to come to any I'ort of England, but to tJic Port where the Mailers and Merchants will of their free Will arrive, nor fliall meddle witli the Sale of the Merchandizes, nor difturb the Merchants ; and if any fet Difturbance, he fliall incur a grievous Forfeiture to the King. Confirmed by ao Rich. IL c. 4. Indebitatus yljjumpjit for loooA for Monies had and received, and alfo an Injimul Computajjet, upon Account, the 1000/. became due; the Defendant, pleaded the Statute of Limitations ; the Plaintiff repliedj tliat he is a Mer- chant, and the Provifo, an Exception for Merchants Accounts. By Tivij- den, Rainsford, and Moreton, ahj'ente Kelyng, llated Accounts l>ctween Mei- chants as this Caie is, are not within the Provifo, but only Accounts current, Webber cont.Tyr ell. i iwrnz. 287. 2 Keebte 6t2. 2 Sand. 124. where Judge- ment for Defendant; yet the Cafe of Martin and Delhoe, i Levinz. 298, to the contrary upon an Account ftated between Merchants ; yet the fame Cafe, I Mod. 70. Judgment for defendant, 2 Keehle 674. i Fent. S9. and 1 Ibid. 465. See likewife the Cafe of Far-ritigtor, and Lee, i Mod. 268. and 2 Mod. 311. StatsCfi.I. The Inhabitants of the Ifland of yer/ey and Guenipy may import into Greats Britain Goods of their own Growth and Manufadure Cuilom-free. No Wine, Brandy, Tobacco, Eaji-India Goods, &c. lltall be brouglil from the I/le of Man into Great-Britain or Ireland, on Pain of Forfeiturre, ^c. ?n\il,Lemli«i A Woman that ufcth a Trade in London without her Hulband, is chargeable witliout him, as a Feme fole Merchant; Ihc (hallple^d as fole, and if condemned, may be put in Prifon till fhe pay the Debt j alio the Bail for htr aic liable if the abfent herfelf, and the hufband Ihall not be charged. > yac. n.c. 8. It Ihall not be lawful without Licence from the King to import by Way of Mer- chandize, Gunpowder, Arms, Ammunition, or Utenfils of War, on Pain to forfeit the fame; and the Importers, or they in whofc Cullody fuch Gunpowder, &c. Ihall be found, fliall forfeit treb]e the Value thereof. All Perfons who Ihall tranlport Beer beyond the Seas for Merchandize fliall, if a ftrangcr, before tranfporting, if a Subject boin, then within four Months .1 ^'^■'■i z Get. I. c. 18. ieili. j^Silz.c.ii mi t tiu- light O F M E R C H A K T 3, ^i after, bring into this Realm, for every fix Tons of Beer two hundred of Clap- boards, fit to iTiakc ufc of, in Length three Feet and two Inches, or clfe tne fame Oafk again, or fo much other good Ca(ks ; oc if the Tranfjwrting be into In/anJ, then to bring fo much ShafFold Uoard, as tlic Clapboard amount- eth to. No Stranger fliall tranfport beyond the Seas any Pilchards, or other Fifh inS«ft.j. Calks, unlcfs the fame IVrfon have brought into this Realm, for every fix Tons of Fifli, according to the Rate aforcfaid of Clapboard or Calk, upon Pain of Forfeiture of the Hcer, Pildiard", and Calk. It (hall not be lawful to tranfjx^rt Wine Calks out of this Rt^ahn with Beer orSefl. 4 Bcer-cager, nor any Wine Calks fhakcn, except for the Vidualling of any Ship, or of her Majelly's Garrilbns and I'orces, upon Forfeiture of forty Shillings for every Ton or Calk. Foreign Merchants Iliall not tranfport any Kind of Wares or Provifions in 5*/'* Ships of which they arc Owners or part Owners, or of which tJie Ship-Mafter''^* is an Alien, from one Port or Creek of the Realm to another Port sr Creek of the Realm, on Forfeiture of the Goods fo laden. Laws and Regulations refpeCfing the Corn Trade. ALL former Laws and Regulations, fo far as they regard the Prices, and the'JC/».ni. Duties on Corn imported or exported are repealed ; and from and after the firft ^' *^* Day of "January, 1774, it is enadled, that whr^c.^. the Price of middling Britijh Wheat, at the Ports and Places where Wheat Ihall be imported into this Kingdom, fhall appear, according to the Methods directed by he fevcral A€ls of Parliament for afcertaining the Rates and Prices of Corn and Grain imported, or as herein after to be direrr (|iurter /hall he allowed upon the L.vportation in Hritijh Shipping, whereof the M.iller, nnd Two-thirds of the Mariners, at Icall, arc of hix M.ijelly's .Suhjecitt;. On Kvc, when under 2S/. /><•;• Quarter, a Bounty of 3/. On Barley, Beer, or Bij;g, wji n under Z2s. a Bounty of 2/. 6. d. i. d. 1. d. 6 I X 1 t b 1 1 » q INLAND.' ' II 64* 7 4 3 » 6 3 3 1 9 2 3 9 5 5 3 S 9 3 8 6 I J 5 5 3 5 6 4 3 4 S 1 ' * 9 5 '0 I** * 9 6 7 3 8 3 4 J 3 3 9 a 4 6 7 4 4 1 3 8 6 3 5 II J to 5 '0 3 9 7 « 4 + 9 7 a 4 9 9 ♦ 4 7 3 \ 7 7 4 3 4 3 7 » 1 J IJ 3 " 7 7 • J I J 9 7 1 ) 5 2 10 5 4 3 6 lo 1 > 9 9 3 3 7 I 4 9 a 3 «« 6 4 9 1 3 4 COUNTIES u pon th e COAST. Wheat Rye Barl. ')an Bean* EfTex 5 II S a g SuiTolk 5 1" J 3 5 1 1 a II Norfolk 5 * 3 3 \ • Lincoln 5 6 3 I'' 3 York 5 8 3 7 II 10 3 8 Durham « 4 3 "0 II 2 3 8 Northumberland j 1 3 7 7 9 3 3 Cumberland 5 11 3 7 II 3 'o WeftmorLind 6 3 10 1 Lanca(birc 6 6 4 4 Clicdiirc 6 i 8 2 iVlonmouth 7 • J s 7 Somerfct 7 3 b 3 + » Devon 6 t, 1 1 t> Cornwall Doi let ? I c 10 t 3 4 I Hants 6 i I II J 8 S.ilFcx S II II \ I Kent i, ■ 6 3 7 a WALES. North Wales * 7l4 ie|3 '(' 10 4 10 South Wales; 6 6 U 8 I3 5 l« 10 3 4 4f itiX. J. 1 1 Gre. n. c. it. Si.a. I. Se».s. Seft. y. Sta. 6. aiA. 7. 9ca. 8. la Car. 11. Cip. f . Seclt OF MERCHANT S. The InCpt^Or of the Corn-returns at the Corn Exchange, London, to receive from every Corn-Fadlor in London, and the Suburbs, a Weekly return of the Corrt brought into the Thames, Eaftward of London- Bridge^ which was fold by him during the preceding Week. The average Prices formed from the Weekly returns, to be deemed the com-> mon Price of middling Britifh Corn within London, EJex, Kent, and Sujj'ex. For the Purpofcs of this A£t, the maritime Counties of England are to be di-* vided into Diftri£ts ; and the Juftices at the next Michaelmas Seflions, fliall fele«fl a Number of principal Market-Towns, from which, and the Sea Ports having peculiar Jurifdidions, the Price of Corn for each County (hall be taken. Millers purchafing Britiih Com and Grain for Sale, are, by this Adt, obliged to make true and j^ft -returns, upon Oath, of the Quantities fo bought by them, within three calendar Months after the parting this Aft ; or within Oiic Month after they (hall l;»egin to deal in Corn and Grain j the Returns to be Weekly Ac- counts, and to be delivered to the Corn-Infpedor of the Market, where the Pur- thafcs were made j under a Penalty of Ten Pounds for every Omiffioa. No Debenture for a Bounty on Exportation of any Corn, Grain, or Flour, (hall be made out or granted for the Allowance of any Bounty on any Corn, Grain, or Flour, entered or (hipped for Exportatirn from any Port within any of the Di-< ftrifts, during the Time that foreign Corn, or Grain of the fame Species is al- lowed to be imported into fuch Diftridls at the low Duties. No Warrant, Cocket, &e. (hall be granted for carrying to Sea, from any Port within England, Wales, and Berwick, to any other Port of the fame, any foreign Corn after Importation thereofj and no Perfon (hall tranfport any fo- reign Corn, or foreign Corn mixed with Englijh, under Penalty, that all fuch Corn that (hall be tranfported or lader contrary to this Ad (hall be forfeited, and every Offender (hall forfeit 20/. for every Bufhel of fuch Corn, and the Ship upon which fuch Corn (hall be laden, (hall be forfeited; and the Maftef and Mariners of f>jch Ship, wherein fuch Of&nce (hall be committed, knowing fuch Offence, and afMing thereunto, (hall be imprifoned three Months. If any Perfon beat, wound, or u(e any Violence to hinder one from buying Corn, and (hall flop or feize on any Carriage laden with Wheat, Flour, Gfr . and deftroy the fame, or (hall take away, or hurt any of the Horfes or Drivers, (iff. upon Convidtion, he (hall be fcnt to Gaol or Houfe of Correction, and be kcp? to hard Labour, not exceeding three Months, nor for Icfs than one, and ihall be once publickly whipped at the Market-Place on a Market-Day. If any Perron after Convidtion (hall commit any of the Offences a (econd Time> or (hall pull down or deftroy any Store-houfe, or Place where Corn (hall be kept to be exported, or (hall enter on board any Ship, and from cither of thefc Depofitaries carry away or deftroy any Corn, Meal, G?f . fuch Offenders (hall be adjudged guilty of Felony, and (hall be tranfported for fcven Years. The Inhabitants of every Hundred in England, wherein fuch Offence (hall be committed, (liall make Satisfadtion lor all Damages fuftained, not exceeding 100/. Fiovided that no Perlbns be enabled to recover Damages by this Adt, unlefs they by themfelvcs or their Servants, within two Dajrs siter Damage done, (hall give Notice of fuch Offence to one of the Conftables of the Hundred or to the Headborough, Cf. of the Town, Wc. in or near which fuch Fadt (hall be com- mitted, and (hall within ten Days after fuch Notice give in their, or their Ser- vants Examinations upon Oath, before any Juftiee of Peace where fuch Fadt (hall be committed. Where any Offence (hall be committed againft this Adt, and any one of the Offenders (hall be apprehended and convidtal within twelve Months after the Offence, no Hundred (hall be liable to make Satisfedticn. No Perfon (liall be enabled hereby to fue or briiii any Adtion againft any Hundred till after the Expiration of one Year, nor unlefs the Parties fuftainiiig fuch Damage (hall commence their Adtion within two Years after the Offence. If any Goods of any Merchant born Denizen fhall be taken by Encn>ies or Pirates upon the Sea, or peri(h in any Ship that (hall be taken or perifhed, whereof uc Duties fhall be paid or agreed for, and that duly proved before the ^ Treafury OF FACTORS, &c. 4S Inlers Ifhall the lorn- IScr- iFaa the tho any Ining Ic. \s or led, the fury Treafury or Chief Baron of the Exchequer, by the Examination of tlie Mer- chants, or by two Witneflcs, or other reafonable Proof; the fame Merchants may newly Ihip in the fame Port where the Goods were cuftomed fo much other Goods as the Goods loft fhall amount unto in Cuftom, without paying any Thing, fo as the Proof be recorded and allowed in the Exchequer, and cer- tified to the Colledors of the Port; and every Merchant Denizen, who (hall fliip Goods in any Carrack or Galley, fhall pay all Cuftoms and Subfidies as an Alien born. Provided that it fhall be lawful to all Subjefts to tranfport in Ships, and Sefl. 5. other Veflels of Subjects, all Herrings and other Sea-Fifh to be taken by Sub- jedts out of any Port, to any Place out of his Majcfty's Dominions without pay- ing Cuftom. It fhall be lawful for any Perfon to tranfport by Way of Merchandize any of Scft. 10, thefe Goods following, viz. Iron, Armour, Bandoleers, Bridle-Bits, Halbert- Heads, and Sharps, Holfters, Mufkets, Carbines, Fowling-Pieces, Piftols, Pike- Heads, Sword and Rapier- Blades, Saddles, SnafHers, Stirrops, Calf-Skins drefled or undrefled. Geldings, Oxen, Sheep-Skins dreffed without the Wool, and all Manufaftures made of Leather, Paying the Rates appointed by this Aft. It fhall be lawful for any Perfon to tranfport by Way of Merchandize Gun- Seft. n- powder, when the fame doth not exceed the Price of 5/. per Barrel : But this is conftantly prohibited by Proclamation in Times of Warj together with Arms, Ammunition, and warlike Stores, unlefs fpecial Licence is granted for exporting them to particular Countries in Alliance with Great Britain. Merchants or their Agents, or any other Perfons, inticing or feducing Briti/b Manufafturers, Artificers, and Workmen to leave the Kingdom and go abroad to carry on their Arts in foreign Countries are liable to a Penalty (on Convic- tion) of 500/. and one Year's Imprifonment; and for the fecond Offence 1000/. and two Yeais Imprifonment. Alfo Perfons exporting the Tools aiid Utenfils made ufe of in the woollen and filk Manufactures, forfeit the faid Tools, and are to pay a fine of 200/. Mafters of Ships receiving fuch Utenfils on board fubjedt to a Penalty of 100/. Cuftom-Houfe Officers figning Cockets for exporting them to forfeit 100/. and lofe their Employments. Having now quoted the Laws in Force, more immediately concerning Mer- chants, who cannot always aft without their Subftitutes and Dependents, the Tranfition is natural from the former to the latter, and I fhall therefore pro- ceed to treat of them in Order. ''Vi % Of FaSJors, Supercargoes, attd Agents, AS thefe are all Perfons afting by Deputation for Account of the Princi- pals who employ them, to whoiib Orders they are obliged to conform, on a curfbry View it fhould feem that they mean one, and the fame Thing. But in the prefent mercantile Syftem they differ materially with Rcfpedl to the Ex- tent of their Powers, and the Nature of their Employments. It will therefore be nccelTaiy to treat of them fcparately. Factors arc Perfons appointed by written Commiflions from private Mer- chants or cofnmcrcial Companies to reflde in foreign Countries, to tranfafl the Buftnefs of felling the Commodities exported by their Principals arid configned to them, to purchafc other Merchandize in the Countries where they refide, to be fent home to their Principals ; and to negocLite Bills of Exchange and Remit- tances In Money, for the Sale, or Purch.ile of fuch Merchandize, or the Balance of Recounts. There are likewife Faftors concerned in the domcflic Trade of a Country, and in that which is carried on between different Parts of the Dominions of the tame Sovereign. Thefe ufually refide at the Capital of the Kingdom, or in fome great maritime City. Thus, we have Irijh and Scotch Linen Fadtors xa. London^ Liverpool, Bri/M, &c. Alio Blacktvell-Hall or Woollen Faftors, Cheefe Faftors, and a Number of other Perfons, falfely palliug und^r the Denomination of Merchants, whofe Employment is to fell H ill OF FACTOR S. Upon Commiflion for the Great Manufadlurers, dieir Principals, the ^'arious Produdt of their Manufactories. All thefe Fadtors are fubjed to Stipulations, Rules, and Regulations peculiar to the Branch of Bufinels in which thev are engaged, which are exprelfcd in the Coinmifiions, Letters or other written Contradts between them and their Principals, and they differ fo materially, that no general Laws can be adapted to tluiii all ; for every Contcft between a Faftor and his Principal inuft be determined by the fpecial Conditons of the Contract between them. For this Rcafon, we can only ftntc tiie general t^alifications of Fadcrs, and fome Law- Precedents upon Cafes tliat have been decided in the Courts of Law. A Fadtor differs from a Servant in this, the Servant receives Wages, and if he commits a Fault only incurs Difpleafure, he is likewifc confined to adt only for his Matter. A Fadtor may tranl'adl Bufmefs for teveral Principals, he adts under Contradl, receives a Confideration of fo much per Cent on the Invoice or Value of the Commodities he buys or fells, which is called Commijfion or Fac- torage, and is refponfible in all Rcfpedts to his Principid : He ought therefore to keep ftridtly to the Tenor of his Orders, as a Deviation from them, even in the moft minute Particular, expofes him to make ample Satisfadlion for any Lofs that may accrue from his Non-obfervance of them 5 rxU i: is very reafonable it Hiould be fo, as the Diftance of iiis Situation rendeij him unable to judge of his Principal's Views and Intentions; therefore he (hould fubmit implicitly to them, though always exerting his bell Endeavours for the Merchant's Intcrefl, as his Gain is certain, whilft his Employer's is precarious. When unlimited Orders are given to Fadtors, and they arc left to fell or buy on the bell Conditions they can, whatever Detriment occurs to their Conllituents, they have their Excufe in their Hands, as it is to be prefumed they adcd for the bell, and were governed by the Didlates of Prudence. A Fadlor is ^rcly a Truftee for his Principal ; therefore, if this latter, having nm. Goods in the other's Hands, owes him Money by limple Contradl, and dftn dies indebted by Specialty, more than his Aflets arc worth, the Fadlor cannot re- gain the Goods. If a Fadlor receives only a bare Commiffion to fell and difpofc, it will not ena- ble him to truft j for, in the due Execution of his Authority, he ought on a Sale to receive quid pro quo j and, on the Delivery of the one, to receive the other ; for, othcrwife. by that means, as they may truft fix Months, they may truft fixteen Years ; nor by Virtue of any Claule in their Orders that leaves than at Liberty to X Moj. 100, adt as they tliink heft, 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, fuppofing this the accuftomary Time of Credit for the like Commodi- tes : and fo it was adjudged, where one had remitted Jewels to his Fadlor in Barbary, who difpofed of the fame to Mulkjhack the Emperor, for a Sum cer- tain to be paid at a Time, which being elapfed, the Fadlor not obtaining it, was forced to make the fame good to his Principal. Again, one and the fame Fadlor may, and generally does, adl for leveral Mer- chants, who muft run the joint Rifk of his Adtions, though they are mere Strangers to one another } a< if five Merchants Ihall remit to one Fadlor five diftindl Bales of Goods, and the Fadlor makes a joint Sale of them to one Man, who is to Ey one Moiety down, and the other, at fix Months End ; if the Buyer breaks fore the fecond Payment, each Man muft bear a proportional Share or the Lofs, and be contented to accept of their Dividend of the Money advanced. Salic 126. But if fuch a Fadlor draws a Bill of Exchange upon all thofe five Merchants, and one of them accepts the fame, the others Ihall not be obliged to nuke good the Payment. Tamtn quart de hoc. And as the Authority and Truft repofisd in Fadtors is very great, (0 ought they to be provident in their Adtions for the Benefit of their Principls ; and there- r'^rH'tci ^°'*» ^ Fadlors (hall give Time to a Man for payment of Monies contraAed on i"''ii. Sales of their Princi^'s Goods, and after the Time is elapfed they (hall fell Goods of their own to fuch Perfons for ready Ca(h (leaving their Principal's unreceived) and then fuch Men break and become infolvent, the Fadlors, in Et^uity and Honefty, ought to make good the Lofies ; for tliey ought not to 2 difpcnfu 1 Trrn. 1 1 7. I I'tlH. 428, an J I 6j8. - fac. B. R Rot. 416. Jiarfo'j and .S.iMih-is. Buin. I part 10?. Yelv. 202. •H* SU 'ERCARGOES, AND AGENTS. M er- it. Its, hey ll's lin Ito life difpenfe with the Non-payment of their Principal's Monies, after they become due, and procure Payment of their own to anotlier M.iii',< Lofs, though by the Laws of England^ they cannot be compelled. If Goods are remitted to a Fadtor, and upon Arrival he fliall make a falfe I'vifin Ycrf. Entry at the Cu/lom-houfe, or land them without entering, whereby they (hall ya^'il'ii'* r incur Seizure, or Forfeiture; whatfocver the Principal is endamaged, he muft W'/ R*-;-. inevitably make good, nor will fuch general Claufe help him, as above ; but, ^y if a Faftor makes his Entry according to Invoice, or his Letters of Advice, and it happens that thefe are erroneous, if the Goods are then loft, the Fadtor is Hifchargcd. If a Fadlor fells Goods, either by themfelves or among others, without ad- vifing his Principal, and afterwards deals with the Pcrfon to whom he fold them in other Accounts, if the Perfon becomes infolvent, the Fadlor fliall be anfwerable to his Principal, whom he did not advife in Time of the Sale of his Goods ; it (hall be deemed the fame as if he had fold them contrary to Orders, If a Fador, by Error of Account, wrongs his Employers, he is to make good not only the Principal, but Intereft for the Time j if the Error is to the Faflor's own wrong, his Principal is to anfwer it in like Manner. And as Fidelity, Diligence, and Honefty, are expected in the Faftor, fo the Law requires the like from his Employer, judging the Ad of the one to be the Aie6, and after- wards the irnit is by Edid or Proclamation leffened in Value, the Merchant, and not the Fador, muft, in that Cafe, bear the Lofs. The Fador muft likewife be careful in regard to Letters of Credit, obferving nicely whether they are for a Time limited, or to fuch a Value, or not exceeding fuch a Sum, or general ; as he 'may otherwife bring himfelf into confiderable LofTes. If a Merchant remits Goods to his Fador, and about a Month after draws a^vrr, it Bill on him, the Fador, who having EfFcds in his Hands, accepts the Bill; and then J^^l'^'iiere w the Merchant breaks, againft whom a CommifHon of Bankrupt it awarded, and the fuch Cafu. Goods * StKitcttt'i Cift Cti. Lib. 4, Fo!. Iv 48 OF FACTORS, it 'm w Repts. 497 l^<«/. 113, Goods in the Fader's Hands are feizcd ; it h;is been conceived, the F.K'tor inuft anfwer the Bill notwithftanding, and come in a Creditor for To much as he was enforced by reafon of his Acceptance to pay. A Faftor, who enters into a Charter-party with a Mafter for Freightment, is obliged by the Contraft j but if he loads aboard generally, tlie CJoods, the Principals, and the Lading are made liable for the Freigiument, and not the Faftor. The Fadlor, having Money in his Hands appertaining to his Princip.il, re- ceives Orders from him to make Infurance on Ships and Ooods, as luun as lie has loaded, which, if he has negledled to perform, and the Ship inilVanies, he fliall, by the Cuftom of Merchants, be obliged to make' good tlic Damage ; and, in Cafe of Lofs, he ought not to make a Compofition without Orders from his Principal. Cosri andal. One Joint-Fadlor may account, without his Companion, by tlie Law of Mer- conLDawit- chants ; for Fadors are oftentime difperfcd, fo as they cannot be botli piefent at VZW75. their Accounts. inCaff'st-^d A Merchant delivered Goods to he fold in Spurn, and the Fador fells tliem to rRt///'^*'' °"^ ^^° becomes a Bankrupt : We judge here that he ihall be difcharged. In Account, it was held Per Curiam, that if a Man delivers Money to his Bailiff or Fador to lay out for him in Commodities, he cannot bring an AJjumpJit, but only an Account ; for it may fo happen, that the Fador h ith laid out more Money than he hath received. A Fador (hould alwayj be pundual in the Advices of his Tranfudions, in Sales, Purchafes, Affreightments, and more efpecially in Draughts by Exchange ; for if he fells Goods on Truft without giving Advice thereof, and the Buyer breaks, he is liable to Trouble for his Negled; and if he draws without adviling his having fo done, he may juftly expcd to have his Bill returned protelled, tu his no fmall Detriment and Difcrcdit. If a Fador deviates from the Orders he receives in the Execution of a Com- miflion for purchafmg Goods, either in Price, Quality, or Kind, or if after they are bought, he fends them to a different Place from that he was direded to, they muft remain for his own Account, except the Merchant, on Advice of his Proceedings, admits them according to his firft Intention. A Fador who fells a Commodity under the Price he is ordered, fliall l>e obliged to make good the Difference ; and if he purchafes Goods for another at a Price limited, and afterwards they rife, and he fraudulently takes them for his own Account, and fends them to another Part, in order to fecure an Advantage that feemingly offers, he will, on Proof thereof, be obliged, by the Cullom of Mer- chants, to fatisfy his Principal for Damages. If a Fador, in Conformity with a Merchant's Orders, buys with his Money, or his Credit, a Commodity he (hall be direded to purchafe, and, without giving Advice of the Tranfadion, fells it again to Profit, and appropriates to himfclf the Advantage, the Merchant fhall recover it from him, and belidcs have him amerced for nis Fraud. If a Merchant orders his Fador to fhip him a Sum in tlie current Coin of a Kingdom when Exportation is prohibited, and the Money is feizcd in endea- vouring to get it aboard, the Lofs is for the Merchant's Account, and not the Fador's. If a Fador pays Money of a Merchant's without his Orders, it is at hi» own Peril 5 and if he lends his Cafh without his Leave, though he propofes the Interefl fliall be the Merchant's, and any Lofs happens before his Principal's Determi- nation about it be known, it (hall remain to the Fador. Supercargoes are Pcrfons employed by commercial Companies, or pri- vate Merchants, to take Charge of tne Cargoes they export to foreign Countries, to fell them there to the bcfl Advantage, and to purchafe proper Commodities to rc-lade the Ships on their Return home. . For this Reafon, Supercargoes generally go out and return home with the Ships oji board of which they were embarked, and therein differ from Fadors who refide abroad, at tlie Settlements of the publick Companies for whom they ad. The Eafi India Company only fend out Supercargoes to P'aces where they have no Fadories, and OF SHIPS, OWN.ERS, Lc. iJnd lometimes the chief Supercargo remains at the Phce of a Ship's Deftination ft>r a Time, waiting thj Arrival or Return of other Ships, and adting as Factor for the Company. Agents are Perfons employed in thed-fFereU Departments of Commerce, the Lirv, the Army, and the Navy. Commercial Aclnts are frequently appointed to fettle Accounts, and difpofc of the Eftcdts of Merchants and other Perfons dying, or failing in foreign Countries, or at home j their Commiflion terminates with the particular Bufme I's for which they were appointed ; and they generally give Security for the Truft rcpofed in them. Agents are likewife appointed by Colonies, and particular Diftridts of Colonies, to tranfaft the public commercial Concerns of the Places fiom which they are deputed, with the Officers under the Government of the Mother Country to which they belong. It is their duty to prefervc the com- mercial Rights and Franchifes of their Principals, to prefent Petitions againft any Meafures that are about to be taken detrimental to their Intereft, and regu- larly to correfpond with them upon thefe Subjedls, and alfo to confult and advice with the Merchants, Planters, and others interefted in the Welfare of the faid Colonies, and refiding in the mother Country. Such were the Agents for Carolina^ Virginia, and the other Colonies of North-America, before the Revolt of thofe Colonies. And fuch at prefent are the Agents for our IVeJl India Iflands and other Settlements abroad, their public Bufinefs lies chiefly with the Board of Trade and Plantations, and the Secretary of State for the Colonies. Ships Husbands, a clafs of Agents fo called, whofe chief Employment in capital Sea-port Towns, particularly in the Poi c of London, is, to purchafe the Sliip's ftores for her voyage j to procure Cargoes on Freight ; to fettle the Terms and obtain Policies of Infuranee j to receive the Amount of the Freight both at Home and Abraid j to pay the Captain or Maftcr his Salary, and Difburfemonts for tlic Ship's Ufe j and, finally, to make out an Account of all thefe Tranfadions for his Employers, the Owners of Ships, to whom he is, as it were, a Steward at Land, as the OHicer bearing that Name is, on Board, when the Ship is at Sea. The general Commilfion allowed to Ships Hufbands on their Accompts is two per cent. Of the Law Agents little notice need be taken in this Work, efpecially as it is a limited Term, and moftly confined to fuch Attornics and SoUicitors as are appointed to manage Appeals to the Houfc of Lords, from Decrees of the inferior Courts of Judicature of (Ireat-Brltiiin and Ireland. It is their Bufinefs to pre- lent the Petitions for Appeals to be heard, to produce and attend the Witnelfes to be fworn, and to retain the Counfel. Army and Navy Agents receive the Pay, Wages, Penfions, and frequently the Prize- Money of the Officers of the Army and Navy, their Wives, Widows, and Children, and keep Cafli Accounts for tliem, nearly in the fame Manner as Bankers for Merchants. They likewife pafs the Commiflions of Officers through the proper Offices. All this Bufinefs they tranfadt in Virti:i .f Letters of Attorney from their Principals, and Wills. When they have CaC.'. > IJand, Officers may draw upon their Agents, from any Part of the dole, where they (hall happen to be Rationed j and for Men of approved Charadtt r and Credit Agents will frequently advance Money by Anticipation upon their Wages, Pay, &c. having full ^^->wcrs to reimburfe themfelves from their accruing Effedls. 49 Of ships y Owners, Captains, and Sai/ors. 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- dudlion of it from the earlieft Times, the feparate Hiftory of Navigation would be here fuperfluous, as this and Commerce are fo blended, or more properly only diftindt Parts of the fame Thing, that having fpokcn fo largely of the one, I have little Room, and Icfs Need, to expatiate much on the other in an hiftorical Way : However, if any Gentleman inclines to a feparate Account of them, he will find O his Si: I? ¥rrwe. Roc. ham, 13 A£l(, hof, I, O P S H 1 1' S, O W N K R S, his Taftc fully grutifiLci, and Iixpcdlatioa anfwered, on reading the Hiftor}' of Navigation, fuppolcd to be \vrote by the celebrated Mr. LocL', prcfi.ved to Churcbill's Collcitiuii of \ 'oyagcs iiiid Travels j but to omit it as intonlillent with my intended Concifenels, I (hall proceed to particularize the integral I'arts of maritime Affairs ; and, as a ^h'lp is a principal one in them, and, i.-.dejd, witiiout which, no Commerce could be carried on, I Ihall begin with this wor.dcilul Piece of Art. The Name, Na'vis, is derived from the P'ffcdt, that is, a navigavdo, fiillj!^, and the Ufe of it is certainly both necclfary and profitable to every Comnioa- Wtalth capable of employing it. Who was the firfl Architedl of thefe floating Fabricks has been hitherto coji- tcfted, and therefore, in all Probability, will now never be known ; ho^vever, rejeding the fabulous Stories of Dttdnluf, Janus, &c. it is' natural to fuppofc Ncdb's Ark infpircd the Idea, and that it ferved as a Pattern to be improved by the fiift ^iiiigiiUr, though, as there was no Occaf.on for y«t/', till about three Cenlurits after the Conlufion at the Tcwer of Bute! had difpcrfcd its Builders, fo we may reafonably conjtdu.e that Occurrence to have been the Epocha from v^hich hi-xigaliai tctk its Beginning; as Providence chaftifcd their audacious Atttmpt to kale Heaven, by difpirling the Offenders over the Face of all the Earth, and itnitqucntly in thtir Peregrinations they mufl have found it ne- ctflaiy to invent feme t-crt of Vtfiels for thtir Conveyance crofs thole great Ri- vers, whieh ur.dcubtrdly fcmetimes impeded their Prcgrefs, by lying in the Way of their Journey : How they managed in their maritime Affairs, when they reached the ^ca, Hillcry leaves us in the Dark ; but NecefTity would certainly infpire thim vith f( n.e Means of fupplying themfelves with •*'; Prodiids ; and it is natural to believe, they v\cnt on improving the firfl Invention, as they had Occafion to difcover its Defedls, till by fuccefiive Improvements, it was brought to the Perfedion in whieh we now fee and admire it. 1 he Pbanicidns, \\ ho are the fame the Scripture calls the Piilljiines or Ca- rccnitcs, as is largely proved by Ecchart and others, are generally allowed to have been the firfl and ablefl Mariners w: read of; yet tlie Ccmmcrce (jf tholi; early Ages did not require \'eft"cis of fuch Strcngtli and Compadlnefs as latter Tipies hav, to refft the Storms and Tempefls they are now expoftd to, by launchinp cut into the main Ocean, and engaging in long and hazardous Voyages unknov fuch I'erfcdtion. The Fabrick of Ships has been various, as Occafions have required, and In- vention could didtate, to make them anfwcr the Intent, which Variety continues tc this vciy Day, not only between Nations, but even in the fame Country, fome being built for War, fome for failing, and others with the lucrative View of ftowin<; well, and each has a Name properly adapted, as Gallies, Frigates, Gfc. and the Increafe of thefe, and Improvement of Navigation, has always fo much merited the Attention of Legiilators from the earlieft Times, as to have occa- fioned many excellent Liws being made lor thefc Purpofes in different Countries. Of the Britilh Laws, the moft celebrated, which has been admired "or its found Policy throughout Kurope, is the Adt pafled in the 1 2th Year of the Reign of Charles II. A. D. 1660. entitled, y/w A£l for the encouraging and increajing of Shipping and Navigation : ufually called the Navigation Adt. It is of the utmofl Importance for all Perfons concerned in Commerce to be well acquainted with this Adt, for whatever Alterations it may undergo, or whatever Infringements may be made upon it by Rebellion, or any other temporary or local Caufes, the Principles of it mult be as permanent as the maritime Power of Great -Britain, the Maintenance of the latter, depending upon the former, for which reafon it is here given in Abftradt. #» 7 he Britifh Navigation ASi. TT is enadted, that after the iflof December, 1660, no Coods or Commodi- ■'• ties whatfoever fliall be iniportcd into, or exported out of, any of the Englijh Colonies, or that fl:ould afterwards become fo, ..i yljia, Africa, or America, but in Veflels which do trtdy belong to the People of England, Ireland, J^aliS, or Bericick upon Tiveed, and navigated with a Mafter, and Three-fourths of Englijh Sailors, under the Penalty of forfeiting Ship and Cargo. 2. No Perfon born out of the Allegi.mce of his Majefty, who is not natural- ized or made a free Denizen, ihall, after the ift of February, 1661, adl as a Merchant or Fadlor in any of tlie faid Places, upon Pain of loling 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 Manufadture of AJrica, Alia, and America, fliail be imj)orted into England, Ireland, Wales, Itlands of Gucrnfey and ferfey, or Town of Berwick upon Tweed, in any other Ships but thofe belonging to the faid Places, or to the Plantations, and navi- gated in the Manner aforefaid, under Penalty of forfeiting Ship and Cargo. 4. No Goods or Commodities of a foreign Growth or Manufadture Ihall be brought into England, Ireland, Wales, the Iflands of Guernfy and Jtrfey, or Town of Berwick upon Tweed, in Ships appertaining to his Majefty's Subjedls, but from the Places of their Manufadtures and Growths. 5. That all Sorts of Ling, Stockfifli, Pilchards, Cod, and Herring, or any other Kind of dryed or falted Firti, ufually caught by the People of England, Ireland, Wales, or Town of Berwick upon Tweed, or any Fifli-Oil, or Blubber, Whale-Fins, or Whale-Bones, not imported by Ships belonging to the faid Places, Hull pay couble Aliens Duties. 6. Henceforth it (hall not be lawful for any Veflel, in which any Stranger (not denizened or naturalized) is an Owner, or thit is not navigated by an Englijh Mafter, and Three-fourths Englijh Sailors, to load or carry any Sorts of Cioods Oi- Commodities from any Port or Creek of England, Ireland, Wales, Idands of Guernfey or fcrfey, or Town of Berwick upon Tweed, to another Port or Creek, or any of them , under Penalty of forfeiting Ship and Cargo. 7. That u $* l! '' , 6 F SHIPS, OWNERS, ^. That where any Eafe, Abatement, or Privilege is given in the Book of kates, to Goods or Commodities imported or exported in Englijh built Shipping; it rtiall extend only to fuch as are navigated with a Maftcr and Three-fourths of the Sailors Englijh, and, where it is required that they fhall be fo, the true In- teht and Meaning is, that they be fuch during the whole Voyage, unlefs in Cali; of Sicknefs, De;\th, or being taken Prifoncrs, to be proved by the Oath of the Maftcr, or other chief Otiicer. 8. No Goods or Commodities of the Growth or Manufadlure of Mufcovy, 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, Riifins, I'igSj Prunes, Olive Oils, nor any Sort of Corn or Grain, Sugar, Pot-Aflics, Wines^ Vinegar, or Spirits called Aqua Vita, or Brandy, fhall, after the i (t of ylpril, 1661, be imported into England, Ireland, Wales, or Town of Berwick upon Tweed, in any Ships but fuch as belong to the People thereof and navigated as before- mentioned ; and that no Currants, nor any other Commodities, of thd Growth or Manufadture of any Part of the Turkijh Empire, fliall, after the lit of Srptember, 1661, be imported into any of the alxjvefaid Places, in any but an Englijh built Ship, and navigated as aforefaid, except only in fuch foreign Ships as are the Built of that Cruntry or Place, of which tlie Goods are the Growth or Manufadure, or of fi.ch Port where the faid Goods can only be, or moil ufually are, firft (hipped fjr Tranfportation, and whereof the Mafter and Three-fourtlis of tlic Mariners, iit leaft, are of the faid Country or Place, under Penalty of lofing Ship and Goods. 9. And, to prevent the great Frauds daily ufed in colouring and concealing Aliens Goods, all Wines of the Growth of France or Germany, which, after the 20th of Odobcr, 1660, rtiall be imported into any of the Ports or Places aforefaid, in any other Ships than thofe belonging to tliem, and navigated with the Mariners thereof, fli.iU be deemed Aliens Goods, and pay Culloins accord- ingly : And all Sorts of Marts, Timber, or Boards, as alio all foreign Salts, Pitch, Tar, Rofin, Hemp, Flax, Raifins, Figs, Prunes, Olive Oils, all Sorts of Corn or Cjrain, Sugar, Pot Alhes, Spirits, commonly called Brandy, or Aqua Vitcf, Wines of the Growth of Spain, the Canaries, Portugal, Madeira, or Wertern lilandsj and all the Goods of the ''••-owth or Manufacture oi Muf- covy, or RuJ/ia, which, after the i ft of April, ib\.i, ftiall be imported into any of the aforefaid Places, in any other than fuch Shipping, and fo navigated j and all currants and Turkey Commodities, which, after the ift of September, 1661, Ihull be imported into any of the aforediid Places, in any other than Englijh built Shipping, and navigated as aforefaid, fliall be deemed Aliens Goods, and pay accordingly. 10. And, for the Prevention of all Frauds in buying cf foreign Ships, it is enafted, that from tlie ift of April, 1661, no foreign-built Ship whatfoever (hall be deemed an Englijh Ship, or enjoy the Privilege of one, until fuch Time that he or they, claiming the faid Ship, fliall make appear by the chief Ollicer of the Cuftonis, in the Port next to the Place of his or their Abode, that he or they are not Aliens, and fliall have taken an Oath (wliich the Orhcer is hereby authorifed to adminifter) that fuch Ship was by him or them bought for a valu- able Conlideration, exprclTing the Sum, as alfo the Time, Place, and Perfons from whom it was bought, and who arc his Part Owners, if he has any j all which Part Owners fliall be liable to take the faid Oath before the chief Ofticer of the Cuftom-houfc of the Port next to the Place of their Abode ; and that no Foreigner, diredtly or indiredly, hath any Share or Intereft therein -, and upon fuch Oath, he or they fliall receive a Certificate under the Hand and Seal of die faid chief Officer, that the faid Ship may in future be deemed as a Ship belonging to that Port, and enjoy the Privilege of fuch a Ship, and the Oflicers fliall keep a Regirter of all fuch Certificates as they Ihall give, and return a Duplicate thereof to the chief Officers of the Cuftoms at London, 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 fliall be given in Ireland, together with the Names of the Perfons from whom fuch Ship was bought, and the Sum of Money which 6 was or CAPTAINS AND SAILORS. Was paid for her, as alfo the Names of all fuch who are Part Owners of her, if any luch be. 11. It is likcwife enabled, that if any Officer of the Cuftoms, (hall, after the faid 1 1\ of j^priJ, allow the Privilege of an Englijh built Ship to any foreign built one, until fuch Certifioate be produced, or Oath taken, and until Examina- tion be made whether the Maftcr and Three-fourths of the Sailors be Eng/ijb, or (hall allow the Privileges given by this AQ. to any foreign built Ship bringing in the Commodities of the Growth of the Country where it was built, untU Examination and Proof, whether it be a Ship of the Built of that Country, and that the MaAer and Three-fourths of the Mariners are of that Country ; or if any Governors of any of the Plantations fhall fuffer any foreign built Ship to load or unload any Commodities or Goods within the Precinds of their Government, until fuch Certificates fliall be produced to them, or thofe appointed by them, and Examination is made whether the Mailer and Three-fourths of the Mariners be Englijh, fuch Officer of the Cuftoms, or fuch Governors Ihall be difplaccd lor their Offence. 12. It is however provided, that this Adt, nor any thing herein contained, extend not, or be meant to reftrain and prohibit the Importation of any of the Commodities of the Streigbts or Levant Sas, loaden in Englijh built 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 Strcights or Levant Seas, though the faid Commodites be not of the Growth of the laid Places. 13. Provided alfo, that this Aft, or aii;* "^hing therein contained, extend not to retrain the importing of any Eaji-bidia Jommodities, loaden in Englijh built Shipping, and whereof the Mafter and Three-fourths of the Mariners are Englijh, from tlie ufual Places for lading of them in any Part of thofe Seas to the South* ward and Eaftward of the Cape of Good Hope, although the faid Ports be not the very Places of their Growth. 1 4. And it is likewife provided, that it ftiall be lawful for any of the People of England, Ireland, JVales, Iflands of Guernfey or Jerjey, 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 the Canary Iflands, all Sorts of Goods or Commodities of the Growth or Manu- facture of either of them. 15. Provided always, that this Aft extend not to Bullion, nor yet to any Goods taken by Way of Reprifal by any Englijh Ship, navigated as before-mentioned, and with his Majefty's CommiflTion. 1 6. Nothing in this Aft Ihall extend to lay Aliens Duties upn any Corn of the Growth of Scotland, or any Salt made there, or any Filh caught and cured by tlie People of that Kingdom, and imported direftly from thence in Scotch built Velicls, and failed with a Maftcr and Three-fourths of the Mariners of his Majefty's Subjefts, nor to any Seal Oil of RuJJui, imported from thence into England, Ireland, Wales, or Berwick upon Tweed, in Shipping thereunto belong- ing, and navigated as aforefaid. 17. And it is hereby enafted, that every VeflTcl belonging to any Subjeft of the French King, which after the 20th of OStober, i66o, fliall come into any Port, Creeiv, &c. of England, Ireland, Wales, or Berwick upon Tweed, and Ihall there lade or unlade any Goods or Commodities, or take in, or fet on Shore, any Paliliigtrs, Ihall pay to the Colleftor of his Majefty's Cuftoms in fuch Port, &c. for every Ton of the Ship's Burthen, to be computed by the Officer there- unto appointed, tlie Sum of five Shillings, of current Money of England; and that no fuch Ship be fuftered to depart out of fuch Port, &c. until the faid Duty be fully paid -, and that this Duty fliall continue to be collefted for fuch Time, as a certain Duty, fifty Sols />.r Ton, lately impofed by the French King, or any Part thereof, fliall coniiruic to be collefted upon the Shipping of England lading in Fnince, and three Months after, and no longer. 1 8. And it is farther cnaftcd, that after the iftof April, i66i, no Sugars, Tobacco, Cotton, Wool, Indigo, Ginger, Fuftick, or other dying Wood, of the Giowth or Manufafturc of any Engiilh Plantations in America, Ajia, or P " AJrica, « Li 54 m' = for, though it be found deceptive, yet this did not help it, if the Action did not lie on the Subjedt '■'' S. ji?. i Matter ; and here tlicy are Tenants ia common of the Ship, and hy Litthtnn, be-g^*,JJ'*'" twccn Tenants in common there is not any Remedy, and there cannot Ite any.Vonw, ^^i. I'Vaud between them, becaufc the Law fuppofes a Truft and Confidence betwixt '5' ' jL"])*' them, and upuii tliefe Healuns Judgment was given quod Sljferent nil capiat 'jg. jj." per BHuim. tltmmtlon Owners are not bound to continue their Paftion or PartncrfKip longer than BUnmntm, they plcafe, ior though by the Law Marine it was required, that a new built Ship ihould make one Voyage upon the common Rilk, before the Owners Hiould be allowed to Icparate, yet by the Law of England zny Owner may fell or transfer Wo//>ile Jut. his P ight at what Time he plcufes. ^^^ ^';«^ But, it any one oblHnatcly refufcs his Confent to a Voyape, the Law will force him cither to iiold or fell his Share : But, if he wiil fet no Price, the reft may fit the Ship out at their own Coft and Charges, and whatfocver Freight One. earns fhali be iblciy I'leirs, and no Part thereof be given to the diflenting Owner, but if the Ship lliould mifcarry, or be caft away, the refl muft make him Satisfadlion for the Part he hold. But, on the contrary, if the greated Part of the Owners refufc to fit out the Velfel, they (hall not be compelled, on Account of the Majority, but in this Cafe, the Ship lha!l be valued and fold, and the like where Part of the Owners become deficient and unable to fit her out. Owners of Ships art liable for the Adtions of the Mailers 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 IntereAs to, as the Charge both of the Velfel and its leading refts on him ; and the Owners are obliged, both by the common Laws of England and the Law-Marine, tc make Satisfadtion for all Damages that (hall accrue through the MaAer's NegleA, and were formerly obliged to make good the Contents of a Bill of Louding figned by the Mafler, provided he abfconded, though the faid Bill of Loading might be iniquitouily obtained j as 1 remember to nave occurred with a Merchant, who had a Ship of his own from Li/ion, and was arrefted, I think, in fifteen Adtions for Money his Mailer had iigned Bills of Loading for, and had run away with, and m hich he might have continued coining, and firmed new Bills every Day to the utter Ruin of his Owner, though never fo wealthy, had not the Adt 7 Geo. II. Cap. 15. Sedl. 1. prevented fuch fraudulent Proceedings, by limiting the Owners Lofs to Ship and Freight, fo that he now knows the Extent of what Damage a roguiih Mafter can do him, which was before unafcertained and endlefs. On the other Hand, if the Mailer commits Offences, either negligently or Stanley, r. wilfully, he ihall be refponftble to his Owners for the Reparation of Damages, yJ''"^-"^'*" and they are not bound to fue jointly, but may do it feparately, both according ' **^' to the common and marine Law j as alfo in Cafe the Ship hath by Freight got fometliing clear to divide, and the Mafter hath paid fomc of the Owners their Parts, the Reil may bring their Adlion for their Shares without joining with the others. But the Owners muft be refponfible to the Freighters, as in the follow- ing Cafe. The Defendant and fevcn other Perfons were Proprietors of a Ship, which ufually carried Goods on Freight between Top/ham and London, and the Plaintiff loaded Goods upon her at the latter, to be carried to the former Port j but the Defendant, not careful of his Duty, had fo careleisly floweu the faid Goods, that though the Ship arrived fafe at Toppam, yet the Goods were all fpoilcd. And upon Non Culp. pleaded, the Jury found a fpecial Verdidt, viz. that the De- fendant, and (even other Perfons were Proprietors and Part Owners of the Ship ; that the Ship had a Mailer Local' in her by the Part-Owners, who had Sixty Pouuds n\ 56 Molloydejur Mar. P. 114. Se lommits a I'iracy, and is theieliy bcrotnc forfeited, but before Sei- .»,^/„',Cire zurc (he Ik .'r./.j hide told, the 1'rojH.Tty lliall not be quelliuiied, nor the Owners '>''I'^'-»''1K' diverted of I'le fune. ' ""■ And ;f a .\!oit.;ai;ec of Ships, by Deed, entrails tlie Mortgager with tlie ori- i li>r ii,li, ginal lidl of S.ilf ; and the Mortj'.iger indorfes ihereoii fubfeqb :nt Mortgages, or ''-'•• ''^+" hills of Sale of leveral Parts of the Ship, the lirl^ Mortgagee acqiiiefees, he ihall be poltpoiial. Upon an Information .'//•// qimw, grounded upon the Aft of Navigation for im- porting CiOods in a fortsign Vcllcl contniry to that i\t\, the Qneftion was, whe- tlier or not, if a foreign Ship naturalized by the New Ad, being a I'rii^e taken in the late War with HolliinJ, be afterwards Ibid to a I'orti'^iijr, who felh her again to an Erig/ijlmii/i, whether or no the Oatli mull be talten 'gain, aceording to the Aiit ; per Cur. it need not, bctaule t!ie Ship was once lawfully naturali/a!. Hiirjirs, 511. Martiii r. I'irdne. MolLy Jf "Jure Mar. I'agc 227, 228. Sc«. 15. An Are.'it for the /'<'// hulla Company, in the EnJ] !tnli,s, oniiglit a Phip Ditto, Pj£« and Carj;o of tiie C'unmiandcr, v.!u) had no llight or I'ower to fell either, and^''- tl'.e Owner on a Suit here had the \'ahie decreed hini for Shiji and Cargo, the, p,,.- u;il. Value being found by a jury, with /,7(//f. Grc. Ihall be forfeited. ' CaJ' m."!".. It any Mailer, Owner, Purfer, or Boatlwain of any Ship willingly permit any 2 A":r. VI. Bnifs, Copjx-r, Lancn, Bell-Metal, Pan-Metal, Gun-Metal, or Shrof-Metal, '^'P-'"'*^' whether it be dear or mixed, Tin and Lead excepted, to be (hipped contrary to ^' tliis Adt, or perceiving Inch Metal to be fliipped, do not difclofe the fame in tlirec Days alter Knowleilge had to the Cuftoiner or Comptroller of tiic Port, I V'rnt. 4-. I Si-.l. 411. I Moil. iS. ril h ' I- 58 OF SHIPS, OWNERS, or their Deputies, every fucli Owner, &i'. lliall forfeit double the Vahic of t!ie Metal. 10 Cnr. u. Every Velfcl, with all her Tackle, in which any gre-.it Cattle, Sheen, or Cap. 7. s. J. Swine, or ^^ny Heef, Pork, or Bacon, except for the necelliiry I'roviliuns of tiio Ships, in which the fame Ihall he brought, not cxpolini^ it to Sale, Ihall be imported, and out t)f which they lli.dl be put on Shore, lliall be forfeited ; and it ihall be lawful for any I'erfon, within one '^'ear after liich Importation, to feize the \'cllel, ami make Sale thereof to the belt AdxTintage, ijc. and it (lull be lawful for any Juflicc of Peace of the County, or ciiief (Jflicer of the Port T v,n, where fuch Importation (hall be, or where any of the Cattle, Bi-ef, €?c. fo importeil lliall be brought, by Warrant to caufe to be apprehendeJ the Mafter •nnit .Seamen, hi'ving Charge of, or belongii.g to, fuch Vellel ; and cveiy other Pcrfon employed in the landing, or taking Care of the faid Cattle, Beef, &V. and them to commit to the common Gaol for three Month.s. Salted Beef, Pork, Bacon, Butter and Cattle, the Laws permitting the Impor- tation from In /iinJ into (ht'iil-Hriliiin, Duty-free, are made perpetual. The Importation of Tallow, Hog's-I,ard, and Creafc, is made Duty-free, till the 25tli jV/(//y7', 1782, from any Place. Continued to i/iji^. 26 GVj. III.c. qj. It (lull be lawful for any Perfons who (hall relide in her Majelly'.s Dominions to import Cochineal in Ships belonging to any State in Amity j and in Spai::!b Ships, or fucli as are deemed Spanijh Ships, filling with Spn'iiih Palles and Colours, from CtiJiz, 6>c'//7.', Port St. Mury, St. Luair, and Gihrjlt.n; or any other Ports in Spain, during the War, £^c. the Ad 12 Cur. II. cap. 18. notwithllanding. Mihic perpetual 12 Ann. Stat. i. Cap. 18. Sett. ^. No Perl'cn (hall buy any rough Jlide or Cali-Skin in tlic I lair, but only fuch as (hall tan thcni, except Salt Hides for tjie L'le of Ships, i^c. Raw Hides of Steers, Cows, or any other Cattic, except Horfes, Mares, or Geldings, and Calves Skins or Goat Skins, raw or undreli'ed, may be imported. Duty-free, from Ireland into Great-Britain. No Mailer ;hall lole his Ship for any fmall Thing, not cuftomcd, put in the Ship without his Knowledge. No Cuftomer or Comptroller fliall have Ships of their own, nor meddle with the Freight of Ships. 13 anJ 14. No ship or Goods flial! be feized as forfeited for unlawful Importation or Ex- '•'"■•"• ^"■''P- portation, or for Non-Payment of Cuftoms, but by the Perfons appointed to ma- " ''' nagc the Culloms, or Otticcrs of Cuftom, or Perfons deputed by Warr.mt from the Lord-Treafurer, or Under-Treafurer, or by Commillion from his Majedy under the Great or Privy-Seal, and if any Seizure (hall be made by any other Perl'on for the Caufes aforelaid, fuch Seizure (hall be void. In Ca(e the Seizure or Informatirn (hall be made upon the Adt of Navigation, the Defendants (hall, on their Requeft, have a Commi(^':on out of Chancery to examine Witnefl'cs beyond Sea, and have a competent Time allowed lor the f.eturn thereof before Trial j and the Examination of WitnelVes fo returned lliall be Evidence at the Trial. Every Perfon who (hall export Goods from any Port of this Kingdom, capable of a Ship of two Hundred Tons, upon an ordinary full Se-a, to any Part of the Mediterranean beyond the Port of Malaga, or import (ioods from the Places nforefaid, in any Ship that hath not two Decks, and do cirry lefs than lixteen Pieces of Ordnance mounted, with two Men for each Gun, and other Ammu- nition proportionable, fliall pay for all Merchandizes fo exjxirttd or imported One per Cent, above the Tonnage and Pciuidagc. It (hall be lawful to export I"i(h into any of the Ports of the Mediterranean in any Englijh Ship, provided one Moiety of her Ladirig be Fi(h, and to import Merchandize in the fame Ship for that Voyage, without paying any other Rates than accuftomed. The Mailer of every Ship, carrying Certificate Goods to Ireland, (liall take '9' from the Colledlor in Great-Britain a Duplicate of his Contents, under the Hand and Seal of the Collector and Comptroller, which they arc required to deliver \vithout Fee, and fuch Mafter fliall -J-liver fuch Duplicate to the OtHcers of the CuP-xiis ill Ire/andbciare he be pennittcd to land fuch Gogd$. 2 In \r, Geo. III. t. s. 19 Grn, III, r. 21. C Ann, Cap. ih I yucjh. I. Ciip. 22.SccV 14 Geo. Ill c. 86. 3« £./w. III. Cap. 8. uRuh.n. dp. 10. Ditto, Si 19, a. Ditto, Scfl 35- Ditto, Scifl. 36. I Ann. Cap< I J. bcft r-^ CAPTAINS, AND SAILORS. Si , Seft. In Caftany foreign Goods fliall, by any Collier, Filher-Boat, orothcrCoalling? Co Vcffel, be taken in at Sea, or out of any Veflel, to be landed, or put into any^'^P- other Ship, &c. within the Limits of any Port, without Payment of the Duties, fuch Goods (hall be forfeited, and thr Mafter of fuch Collier, &c-. rtiall forfeit treble the Value, unlefs in Cafe of Neccllity, of which fuch Mailer (hall give Notice, and make Proof before the chief Othcers of the Cuftoms of the lirll Port where he ftvall arrive ; the Matter or other Perfon taking Charge of the Ship out of which fuch Goods fliall be taken in at Sea, fliall forfeit treble the Value. Where any VelTel of fifty Tons, or under, laden with cuftomablc, or prohi- H'tto, Scc». bited Goods, (hall be found hovering on the Coafts, within the Limits of any*"* Port, and not proceeding on her Voyage, Wind and Weather permitting, any Officer of the Cuftoins may go on board, and take an Account of the Lading, and demand Security of the Mailer, Cc. by his own Bond, to his Majefty, &f. in treble the Value of the foreign Gqods on board, with Condition, that fuch Vcrt'el (as (bon as Wind and Weather, and the State of fuch Veflel doth permit) (hall proceed on her Voyage, and (hall land fuch Goods in fome foreign Port. And if fuch Mailer, &c. ihall refufe to enter into t'uch Bond, or (hall not pro- ceed on fuch Voyage, as i'oon as Wind, Weather, and the State of fuch Ship, will permit, unlefs liitfercd to make longer Stay by the Collector, or other chief Otilcer, not exceeding twenty Days, all the foreign Goods on board fuch VelTel may, by any OfHcer of the Cudoms by Diredion of the CoUedlor, or other priiuipal t)liicer, be taken out of the Ship and fecured; and, if fuch Goods arc cuftomablc, the Duties (hall be paid ; and Wool, or any prohibited Goods, found onboard, are declared fubjcdt to Forfeiture* All Goods found concealed on board any Ship after the Mafter (hall have madeoOVu. H. his Report at the Cudom-houfe, and not mentioned in the faid Report, ihall be^:''''^^-^*^'^' forfeitti', and may be feized and profecuted by any Otlicer of the Cuiloms, and the Mailer of luch Ship, in Cafe he was privy to fuch Concealment, ihall forfeit treble tlie Value of the Goods. It ihall be lawful for the OHicers of Excife to go on board any Veflel within n f-'"- 1- llic Limits of any Port, and to continue on board, and rummage in like Manner |-"l'-3o-^^'-'*' as the Oilicers of the Cuiloms, for Arrack, Rum, Brandy, or other excifeable Liquors J and for Coffee, Tea, Cocoa-Nuts, Chocolate, and Cocoa- Paile ; and to leize for his Majeily's Ule all fuch of the faid Commodities there found, as by Law (hall be Ibricited, together wit'i the Package; and to feize fuch of the faid Commodities, as before due Entry, and without paying or fecuring the Dutie* on the Importation, (liall be found undiipping or uniliipped. For Encouragement of the Nortb-Sca, IjUmd, xnAlVellmony Fiihcries, no freih i? Car. ir. Herring, frefli Cod, or Haddock, Coal-Filh, or Gull-Filh, ihall be imported ^'l'-''''-"'' but \n Englijh built Ships, and having Certificate as in the Aiit, and whereof the Mailer and three-fourths of the Mariners are Englijh, and which have been caught in fuch Ships, and not bouglit of Strangers, under Pain of Forfeiture of all fuch 1" iih, and the Ship in which it was imported. No Britijh Ship, trading to any Part of the MeJIlerratwdn Sea beyond Malaga, q c,„. ii. (liall be entitled to the Exemption granted in the Adt i 3 and 14 Car. II. Cap. 1 i.^'i' li-^-l- Sedt. 36. herein before recited, for tliat one Moiety of the Loading of fuch Ship (liall coniift of Fiih, unlefs fuch Moiety conliil of Fiih taken and cured by his Majeily's Subjeds. It iliall be lawfJl for Natives of Englaiti or Inland to import into E«^/rtWdi- -an.ig;^-//, rtdHy from Ireland any Sorts of Hemp or Flax, and all the Prodndtions thereof, 111. Cap, jj. as Thread, Yarn, and any Manufadlure thereof, of the Growth and Manufadlure ^^\;-,'" jj of Inland, free from all Duties, the Mader of the Vcdel importing the fame c. 20. bringing a Certificate from the chief OfHcer of the Port in Irclaud, cxpreifmg the Marks, Number, Tale, or Weight, of the Species in each Bale, mentioned in the Bills of Lading, with the Names and Places of Abode of the Exporters from Ireland, and of fuch Perlbns that (hall have fworn the Goods to be of the Growth and Manufadlure of that Kingdom, and where, and to whom in England tonfigncd j and the Mader of the Ship, on Arrival in England, making Oath that the • N. S. tkcrt ii ibt Jtmt Ad mai/i fur m Sht Uvrhr n ibi Cm/I of Irclanj, W.. by 6 Cttrit I. Cap. I. S«fl. (II. V ., r . y y / « r 1 i m 6o 3 G«. I. C.I I Cap. 26. Sect. I. 19 Gft. nr. c. 37. Ditto, Scft. II. 15 G«. III. I. 4,-. i6c,Vo. III. t. 41. 1; GVc. III. iSG«. Ill, c. 56. r7 6Vo. III. c, 27. 10 Ceo. III. c. 10. Sect. I Scft. J. Sea. 3. :jC«. III. >.. 45. OF SHIPS, OWNERS, the faid Bales and Goodii are the Bales and Gcx)ds taken on board by Virtue of the laid Certificates. All Linen made in Ireland, and imported into Great-Britain, may be again exported to any Britijh Plantation in America, without Payment of any Duty whatfoevcr. To encourage the Importation of rough and undrefled Hemp or Flajr from the Britijh Colonics in America; for Hemp, Water rotted, bright and clean, or rough undrelfed Flax, fo imported, the following bounties arc to be given by the Colledlor of the Culloms at the Port of Importation : between Jutie 24, 1764, and yi/w 24, 1 77 1, 8/. '.rTon; between J«;;f 24, 1771, mA June z^, 1778, 6/. per Ton; and between June 24, 1778, and June 24, 1785, 4/. per Ton. Grants the following Bounties on Hemp, the Growth of Ireland, imported from thence into Gn'rf/-Br/>tf/«. From June zt^, 1779, to ditto, 1786, "^l. per Ton. From June 24, 1786, to ditto, 1793, 6/. per Ton. From June 24, 1795, to ditto 1800, ^. per Ton. Any Mailer or Owner of a VefTcl, fraudulently importing foreign Hemp or Flax to obtain thefe Bounties, incurs the Forfeiture of 100/. and the Vciiel, with all her Furniture, (hall alfo be forfeited. Cirant an additional Bounty of 5^. />.r Hogdicnd upon Flax Seed imported into Ire/and, for which a Bounty is allowed in th.it Kingdom, by Acts m;aie there in the Tliird and Sixteenth of his prefcnt Majefty. Rape Seed, and Rape Cakes, may be imported from Ireland into Grcat-lintiiin, Duty tice. Cotton Yarn, the Manufacture of Ireland, may be imported into Great' Britain, Duty free. Tea exported to Irdand, as Merchandife, to draw back the whole Cuf- toms, fubjed to the Regulations prefcribed by 12 Gea. III. c. 60, and 16 Geo. III.c. 5.. Repeals the Aft of 19 of Henry VII. prohibiting the Exportation of Cold and Silver Coin from Great-Britain to Ireland, and allows the laid lixportation. Repeals the Aft of 9 Anne, prohibiting the Importation of Ibreign Hops into Ireland, and allows them to be imported there. Alio, the Aft 6 Geo. I. c. 11, which enafts that no Draw-back (hall be allowed on the Exportation of Hops from Great-Britain to Ireland, and allows the Dravv^-backs to be paid for Hops, whether of foreign or Britijh Cirowth. Repeals fo much of an Aft of 26 Geo. II. as confines the Levant Trade to Subjefts of Great-Britain only, admitted Members of the Turkey Compar;y ; and enafts, that the Subjefts of Ireland, on Requeft, (hail be admitted Members of the Hiid Turkey Company, and being fo admitted, may export direftly from Ireland to the Lrcant Seas, or import from thence into Ireland, fuch Commo- dities as are allowed to be imported into Great-Britain from the faid Seasj or to be exported to the lame, by any Perfon free of the Turkey Company. Allows any Perlbns, free of the Turkey Company, to import into Great-Britain or Ire/and, any Goods or Commodities which have hitherto been ulually imported from Turkey or Egypt, or from any Place within the Dominions of tlie Grand Seignor, not only in Ships built in, and belonging to, Great-Britain or Ireland, but in any Ship or Velfel belonging to any Kingdom or State in Amity with his Majelly, his Heirs, and Succellbrs, navigated by foreign Seamen, from any Port or i'lace whatloever, upon P.iyment of the ("ame Duties if imported into Great- Britain, as the like Goods would be fubjeft to if imported' .n Britijh Ships di- rectly from the Place of their Growth, Produftion, or Manufaftiire ; the Goods fo imported in foreign-built Ships to be liable to the Aliens Duties, if fuch Goods were lubjeft thereto before the palling of this Aft. Nt) Jintry to be allowed to be made of any fuch Goods at the Cultom-houfe till Certificate is produced by the Importer, that he is free of the Turkey Company. After January i , 1 780, Goods ufually imported from the Mediterranean may be imp.\\\. to hri:':jh America, the H'ejl India, or any «)f the Britijh Settlements on tIie*^'5J" Coaft of yljrita, any Cioods, tiic produce or Manufacture of Ireland, except Wool and Woollen Manufactures, and Cotton Manufactures; Hats, Glafs, Hops, Gunpowder, and Coals. Aiiu all Goods of tlie Growth, Produ(5V, or MaiuifiCture of Great -Britairr, imported from thence into Ireland, except Woollen Manuf'Ctures and Glafs. Alfo all foreign Certificate Goods, legally exported from Great-Britain to Ireland may be re-exj^orted direCtly from Ireland to the laid Plantations and Settlements ; but not to extend to foreign Linens, painted, CJi-. in Ireland; nor to Bar-Iron, Iron (lit or rolled, plated or tinned, nor any nianut'aclured Iron Wares, till a Duty is impofed thereon in Ireland. Nor to any fucli Articles if a Bounty or PrcHiium is allowed thereon. Allows the Export..tio!i of Woollen Manufactures from Ireland into any foreign 10 G«. IIU Part, and ol Glals, and repeals all former Acts pruiubiting the lame. R Any I i' w II ' ' 64 20 Gts. III. c. 10. « Co. III. 1 5 f. v.. III. C.45. I 5 Car. II. Cap. 7 . b. 6. Ditto S. Ditto S. 8. 22 .inil 2) Ctr. II. Cap, 26. .S. II. OF SHIPS, OWNERS, Any Goods which may be legally imported from Rritljh America, the Wcjl^ Indies, or any of the Brkijh Settlements on the Coaft of Africa, into Gnat- Britain, may, in like Manner, be imported diredtly from tlie faid Settlements to Ireland. And any Goods which may be legally exported from Great-Britain to Brltijb Aimrica, or tlu; faid Settlements, may be exported dire>.'tly from lr,'/and to the fame Places. On Condition that the Jri/l' Pariictmcnt impofc on the ClxjiIs to be fo exported or imported. Duties, and allow Draw-backs, equal to thofe ininnlcd and allowed on the Exportation or Importation tjf the faitl Ciouii.s in (Inat-Hril.iln. Glim Senega, or Gum Arabic : thirty Tons may Ik exprted annually from Great' Britain to Ire/and Duty-free, by Licence from the 1 lealury j to be u lid in the Linen Manufaiilures of that Kingdom. Clothing and Accoutrements, the Produce of Great-Britain or Inland, for the Ufe of his Majefty's Forces abroad, paid iii I'art out of the Irijb Revenue, may be exported from Ireland. No Commodity, of the Produd\ii..i of Europe, iTiall be imported into any Plant;ition or Place, which Ihall belong to his Majellyin A/ia, Africa, or America, but what fhall be Hiipped in England, /Vales, or Bericic^, ami in Engli/h biiilc Shipping, and whereof the Mafter and three-fourths of the Mariners are Engli/h, .and which Ihidl be carried diredly tlience to the faid Plantations, under the Penalty of the Lofs of all fuch Commodities imported trom any other Place ; and, if by Water, of the Shipalfo, with her Tacicle. Provii'Lii, that it (hall be lawful to lade in .ships navigated as in the foregoing Clauic, in any Part of Europe, Salt, for the f'iflKrie.s of New-England and NciijcwidJand, and to Ihip in the Madeiras, Wines of the Cirowtli thereof, and to Hiip in tiic Weftern Illands or Azores, Wines of the Cirowth of the laid IQands, and to take in Ser\'ants or horlcs in Ireland, and to Ihip in IrelanJ Vid'.'iils of the Production of Ireland, and tlie lame to tranljwrt into any of the faid Plantations. Every I'erfon importing by Land any Goods into the (aid Plantations, fliall deliver to the Governor, or to fuch Perfon as ihall be by him appointed within twenty-Jour hours after fuch Importation, his Name, and a Particular of all fuch Goods : And no Ship coming to any fuch Plantation llrall lade or unlade any Goods, until the Mafter Ihall firft have made known to the Governor, or fuch other OHicer as ihall be by him appointed, the Arrival of the Ship, with her Name, and the Name of her Commander, and have Ihewn to him that Hie Ls an Englijh built Ship, or made proof by producing fuch Certificate, that flic is a Ship belonging to England, IVates, or Hervick, and navigatui with an E.iiglijb Mafter, and three-fourth Parts of the Mariners EnvHj':, and h.ive delivcrett to fuch Governor, or other O dicer, a;; Inventory of her Lading, with the Places, in which the Goods were laden, under the Pain of Lofs ot the Ship with Iier Tackle, and of all fuch Goods of die Production of Europe, as were not laden in England, tVales, or Beruick. The Word Ireland Ihall be left out of all Bonds taken from any Sliip, which Ihall let Sail from England, Ireland, ll'ales, or Ber'u-ick for any Englijb Plantation m America, AJia, ox Africa; and, in Cafe the Ship Ihall load any of the faid Com- modities at the faid Englijh Plantations, the laid Commodities (hall be by the faid Ship brought to fome Port of England, Wales, or Bericick, and (hall there unload the fame. Danger of the Seas excepted ; and in like Manner for all Ships coming from any other Port to the faid Plantations, the Governor of Inch Plantations (hall, before tlic Ships be permitted to load any of the faid Commo- dities, take Bend in the Manner directed in the Adt, 12 Car. II. Cap. 18. /or the encouraging of Navigation, that fuch Ship (hall carry all the (aid Go(kIs to fome other of his Majefty's Englijh Plantations, or to England, IP'ales, or Ber-wickt and every fuch Ship which (hall load any of the faid Commodities, until fuch Bond given, or Certificate produced, from the (JlHcers of lome Cuftom-houfc of E.ngland, IVales, or Berwick, that fuch liond hath been there given, or which, contrary to the Tenor of fuch Bond, (hall carry the faid GiK>ds »oany Place other than to other Englijh Plantations, or tu England, IVales, or Berwick, ami there l..y CAPTAINSAND SAILORS. 65 lay the fame on fliore, every fiicli Ship (hall be forfcitci), witli her tackle ar.i Lading. If any Ship, which by Law may trade in any of his Mijcfty's I'lantations,,, c,ii. It. fhall come lo any of them to fliip any of the faid C'ommoditii^s, and Bond (liall^'ap- 7- s. ». not be firft given with Surety, to bring the fame to En^^/jml, IVnlt's, or Ihr::'hJ!:, and there to unload the fame, the Danger of the Seas excepted, there Hiall be paid to his Majcdy, for fo much of the faid Commodities as flmll be put on board fuch Ship, thefe Duties, ■i./c. for Sugar white, the hundred Wcii^ht, 5/. brown Sugar and Mufcovadocs is. 6d. for Tobacco, the Found, i . III. C. 21. C. }i. 7 and S //"/.'.'. III. C. li. ». 7. 36 Geo. III. 1-S6. c. 60. kiut. I. OF S H I P S, O W N I. K S, All Laws, By-Laws, Ufapcs or Cuftoms, which ihall be in praifUcc in the Plantations, repugnant to the before-mentioned Laws, or to tliis Ad, or any other Law to be made in this Kingdom, lb far as I'uch Law (hall rehtc to the Plantations, are void. Where the Ciovernor, or Officers appointed by the CommifTioners of the Cuf- toms, in the Plantations, (hail have CJroundof Sufpicion, that the Certificate of having given Security in England is falfej the Governor, or Officers of the Cuf- tonis, lliall lake Security there for the Difchargc of the Plantation Lading in Lr/tinJ, fValiS, or liirii'id, (fubftitute the Words Great -Britain or Ire/ami, in Conformity to 20 Geo. IIL C. 10.) and where there (hall be Cau(€ to fufpcd, that the Certificates of having difchargcd her Lading of Plantation Goods in this Kingdom is falfe, the Governor or Officers (hall not cancel the Security given in the Plantation, until they be informed from the Commidloners of the Culloms, th.it the Certificate is true; and if any pcrfon ihaU rafe or falfify any Cocket, Certificate, Keturn, or Permit, for any VeUel or Goods, or (hall know- ingly make Ul"e thereof, fuch Perfon dial! forfeit Five Hundred Pounds. The Conmiiffioncrs of tiic Trcafury, and the Cominiffioncrs of the Cuftoms, m.ay appoint fuch Ollicers of the Cultoms in any City, Town, River, Port, Har- bour, or Creek, ofany of the IlLinds, Tradsof Land, and Proprieties, as (lull fecm ncedftil; alio upon any Suits brought in the Plantations, upon any Law concerning his Majelly's Duties, or Ships or Goods forfeited by reafon of any unlawful Importations or Exportations, tlicre fliall not be any Jury, but of fuch only as arc Natives of Enghtmi or Irtland, or born in his Majcfly's Plantations ; and upon all fuch Suits tlie Offences may be laid in any Province, Country, or Divilion, of any of the Plantations, at the Pleafure of the Informc. In all Bonds to be taken in the Plantations by 22 and 23 Car. II. Cap. 26. the Sureties (hall be Ptrlons of known Relidence and Ability in tlic Plantations, and the Coniiitii ns of the Bond (hall be within eighteen Months after the Date, the Danger of the Seas excepted, to produce Certificates of having landed the Goods in one of his Majerty's Plantations, or in England, IVales, or Berwick, (fubfti- tute the Words Great-Britain or Ireland, in Conformity to 20 Geo. III.) other- w ill- fuch Bond, or Copies thereof, attcfted under the Hand and Seal of the Governor to whom fuch Bonds were given, Ihall be in Force and allowed of in any Court in England, Ireland, or the Plantations, as if the Original were produced. Tobacco exported to Ireland, if le(s appears to be landed than Hiipped in Great- Britain, an Allowance, not exceeding two per Cent, may be made for Wade during the Voyage. Repeals tiie Ads of 12 and 15 Charlet II. and any other Ad which prohibits or red rains tlic letting, planting, or improving to grow, making, or curing Tobacco, citlicr in Seed, Plant, or otherwife, in Ireland No Ship ihall pals as a Ship of the Built of England, Ireland, finales, Ber- "uiek, Guernfey, jerfey, or any of his Majedy's Plantations in America, fo as to trade to the Plantations, until the Per(bns claiming Property in fuch Ship, diall regider the (lime, v/i-. if the Ship belong to any Port in England, Ireland, H'i:ies, or Beriiiei , Proof (hall be made upon Oath of one of the Owners, be- fore the Colledlor and Comptroller of !iis Majedy's Cuftoni'; in ("uch Port ; or if the Ship belong to any of his Majedy's Plantations in /hmrica, or to the Illands of Guerujey or Jfrfey, then the like Proof to be made before tho Go- vernor, with the principal OtHcer of Revenue reliding on ("uch Plantation or I Hand. By this Ad, entituled. An ylc.l jlr the further IncreaJ'e and Encouragement of Slipping and Navigation, It is enadled, that from and after thcjirjl Day o/AuguJl, 17S6, no Ship or Vedel foreign built (except uch Ships or Verfels as have been, or (hall hereafter be, taken by any of his Majedy's Ships of War, or by any pri- vate, or other Ship or Vedel, and condemned as lawful Prize in any Court of Ad- miralty) nor any Ship or Vefl'el built or rebuilt upon any foreign-made Keel or Bottom, in the Manner heretofore pradiled and allowed, allhougn owned by Bri- tijh Subjcdls and navigated according to Law, (hall be any longer intitied to any of the Privileges and Advantages oiaBriti/h built Ship, or of a Ship owned by Britijb 3 SubjcdU : CAPtAINS. AND SAILORS. «5 Subjcifts : and that all the faid Privileges and Advantages fhall hereafter be confined to luch Ships as are wholly of the Built of Great-Britaiyi, or Ireland, Gucrnjly, "Jt'rfey, or the IflcofAfrf», or of fome of the Colonies, Plantations, Iflands, or Territories in yi/iti, ylfrica, or AmericUt which now belong, or at the Time of building llich Ships or VclTcls did belong, or which may hereafter belong to, or be in the Pollcffion of his Majcfty, his Heirs or Succcflbrs. But foreign built Ships belonging to Britijh Snbjcdts in Grftif-Britain, or /n*- liind, Sec. and rco;iftcred according to former Adts of Parliarticnt, before the firft Day of 7V/rfv, 1786, liiall continue to enjoy the Privileges and Advantages oi Britijh built Ships navigated according to Law. Ships begun to be repaired, or rebuilt before the ift of My, 1786, and regiftcrcd according to, and in purfuancc of this Aft, by an Order under the Hands of the Commiflioners of his Majefty's Cuftoms, which they are authorifed to grant, provided it ftiall appear to them, upon Oath, tb»t fuch Ships or Vefl'els Were ftranded, and were at the Time of being fo llrandedrpic fole Property of fome Foreigners, and having received fuch Damage that they could not proceed to Sea again without a thorough Repair, and were therefore necefTiwily fold, and purchafed by Kritijh Subjeds, or being a Droit of Admiralty, fliall enjoy all the Privileges and Advantages of i?r;////.>-built Ships ; provided always, that they have been 16 repaired ; that two Tbirdt of them, at the leaft, are of Britijh built. No Ship rebuilt, or repircd in a Foreign Port, fliall be deemed Britip built, Seft. ». though originally wholly fo, if fuch Repairs exceed ^ftf en Shil/ingi per Ten, except Ihe fhall receive fuch extraordinary Damage at Sea, during her being abfent from any of his Majefty's Dominions, as (hall oblige her to put into fome Foreign Port, to undergo Repairs exceeding that Sum; in which Cafe the Nature of fuch Diftrefs, and theNecellity of the Hcpairs, are to be certified totheConful, or other chief /i;/- /^/j OtHccr refiding there, upon the Oath of the Mafler, or other Perfon having charge of the Ship. The Conful to give his Certificate of the Particulars under his Hand and Seal, and in cafe there is no Conful, or other B;/////.' Orticer, the faid Ccrtifjcdte lliall be gi\en under the Hands and Seals of two Brit'jb Merchants; and on the Arrival of the Ship in England, it ihall be delivered to an Officer of thtf Culloms on Oath. By this Ad tlic Provifions in the above Claufeare extended to Ship:, ^c V^efTels, having Decks, and being of the Burthen of fifteen Tons or upwards. No Regifby to be made, but at the Port to which a Ship belongs, except forScft. 4. Prizes condemned at Guernjly, y^rfny, or the Ifleof Afrf«. The I'ort from and to which a Ship ufually trades to be deemed her Port. No Sliip built in the United States oi Ante, lea, during the Exiflence of any prohibitory Adts of Parliaf et.t, fiiall be entitled to be regiftered. The O.ith required on r,,,.flering Ships by 7 and 8 William IH. is repealed, and no Ship or \'ellcl to be regiltered till ibe following Oath be taken by one, or more of the Owners J and if more than two joint Owners, then by the greater Part, if they rcfidc within twenty Miles of the Port lo which the Ship belongs; but if tlicy all rclidc at a greater Diftance, one Owner taking the Oath is fufiicient. I yJ. B. of [P/aee cf Re/ideiicr and Occupation] do make Oath that the Ship or Vefl'el [A'ttme] of [Fort or Place] whereof [Majier's Name] is at pre- fent Mailer, being [kind of Jhtilt, Burthen, et citera, as dejlribed in the Cirii/:eate of the Purveying Oj/icer] was [ichen and where built, or if Prue, Capture and Condemnation] and that 1 the faid A. B. [and the other Owners' Xames and Occupations, if any, and where they rejpe£liveli rejide, videlicet. Town, Place, or Parijh, and County, or if Member of, and rejident in, any hattory in Foreign Parts, or in any Foreign Town or City, being an Agent for, or Partner in, any Houfe or Copartnerjhip ailually carrying on Trade in Cireat-Britain or Ireland, the Name of fuch Fac- tory, Foreign Town or City, and the Names of fuch Houfe or Copartner- jhip] am [or are] fole Owner [or Owners] of the faid VefTel, and that no other Perfon or Perlbns whatever hath or have any Right, Title, Intc- rell. Share, or Property therein or tliereto ; and that I the faid A. B. [and the faid other Owners, if any] am [or arc] truly and bend fde a Sub- S jcit 'il i I )(. I 64 OF SHIPS. OWNERS, {*cdl [or Subje^] of Great-Britain j and that I the laid y!. B. have not nor have any of tbt ether Owners, to the beji of my Knowledge atui Belif\ taken the Oath of Allegiance to any Foreign State whatever [ewept under the Terms of jome Capitulation, defcribing the Particulars thereof ^ or that , Cnce my taking \or his or their taiing] tlie Oath of Allegiance to [ita- tning the Foreign States reJheStively to which he or any of the faid Ouners Jhall have taken the fame] and prior to the pafling of an Aii in the Twenty-fixth Year of the Reign of King George the Third, (intituled, ^n Ail for the further Increafe and Encouragement of Shipping and Navi- gation), I have [or he or they hath or baveX become a Subjetfl [or Sub- jcdls] of Great -Britain [either by his Majejly's Letters Patent, as a De- nizen or Denizens, or naturalized by Ail of Parliament, as the Cafe may . be, naming the Dates of the Letters of Denization, or the Ail or Ails ef Parliament for Naturalization, rejpeilivefy] or [as the Cafe may be] I nave [or he or thy hath or have] become a Denizen [or Denizens, or naturalized Subject or Subjects, as the Cafe may be\ of Great-Britain, by His Majefty's Letters Patent, or by an AA of Parliament paiTed fince the Firft Day of January One thouiand feven hundred and eighty-fix, [naming the Times when fucb Letters rf Denization home been granted reJ^cQively, or the Year or Years in vihiebfucb Ait or ASs for Naturalization have fajj'ed rejpeilively'] and that no Foreigner, diredl^ or indirectly, hath any Share or Part or IntereA in the fiiid Ship or Veilel. Sen. II. In Cafe the Ship to be regiftered fliall belong to three or more joint Owners, and three of them do not perfonally attend to take and fubfcribe the aforefaid Oath ; then the Owner or Owners prefent Hiall further make Oath, that the part Owner or Owners abfent, are not refident within twenty Miles of the Ship's Port, and to the beft of their Knowledge and Belief have not abfentcd themfelves in order to avoid taking the faid Oath. Before regiftering or granting any Certificate of Regiftry, the Ship rtiall bo examined by proper Perlons appointed by the CommifTioners of the CuAoms in England or Scotland ; or by the Governor, Lieutenant Governor, or Commander ill Chief of G«frw/?y, ferfey, v^iiMan; or of the Colonies, Plantations, lilands, or Territories aforelaid ; to difcover whether fuch Ship or Veflel is the liune with that, for which, a Certificate is allcdged to be granted. Sefl. ij. Perfons giving falfc Defcriptions of Ships, or making falfc Regiftries, know- ingly, (hall forfeit the Sum of one Hundred Pounds, as well Maflers, and Owners, as Examiners on the Part of Government. S«ft. I J- Bond to be given, not to lend, fell, or difpofe of Certificates of Regiftry, and to deliver them up to the proper OHicers above-mentioned, in Cafe any Foreigner or Foreigners fhall by Purchafe yr otherwife become whole or part Owners of any Ship or Veffel regiflercd as aiorcfuid ; or, in Cafe the Ship Ihall be loll, or taken by an Enemy, and the Certificate is prcferved. Penalty for Non-Compli- ance, from Three Hundred to One Thouiand Pounds, according to the Burthen of tlic Ship. Alfo the Mediterranean PalFes that may have been obtained fhall be delivered up with the Certificate of Regillry, upon any fuc!i transfer of Pro- perty in the Ship. Not only the Sale or Transfer of any Part, or of the whole Property in any Ship, within the Port to which flie belongs, fliall be acknowledged by Indorfcment on the Regiftr}', and Certificate fo delivered up, agreeable to 7 and 8 IVlliam \\\, but there Ihall alfo be indorfed before two WitnefTes, the Town, Place, or Parifh, where all and every Perfon or Perfons to whom the Property in any Ship or V^efTcl, or any Part thereof, fliall be fo transferred, fliall refide ; and if re- liding in foreign Parts, as Member of any liritijh Fadtory, or as a Britijb Mer- chant, the Name of the Place, and of the Fadory where he or they rciide, ami of their Co-partners or Agents in Grca. -Britain or Ireland; and Copies of fuch Indorfcment ihall be delivered by fuch Agents or Co-Partners to the Offices ap- pointed to regifler and grant Certificates of Regillr)*. In all Cafes of transfer, (he original Certificate of Regiftry flull be recited in Words ^tf jVl CAPTAINS, AND S A 11, O U ^i. 87 Words at length, in tlic Bill or other Inftriiment of fale. AIf> tlie Ciiangcs of the Maftcrs of Ships and VclFcls (hall be indorfed on the faid Certificate,. And whereas many Frauds have been committed by tlic frequent ('han,'Tc of ^*'*- '< Names given to Sliips and Vclfcls ; be it therefore cnadled, that it fhall not \y. lawful for any Owner or Owners of any Ship or Vcflel to give any Name to fuch Ship or VcHcl, otlier than that, by which flic was firft rcgiftercd in Furfuance of this Adt : And that the Owner or Owners within one Month from the Time of regiftcring (hall paint, or caufe to be painted, in /liite or Yellow Letters, of a Length not kfs than four Inches, upon a blf.'», Jround, on fome con('picuous Part of the Stern, the Name by which fuch ;h < or Veflel fliall have been re- giftered, and the Port to which (he belongs. " c Penalty on F'rafurc, or Con- cealment of futh Names, or on giving any other 1.1 any VVritin/^, printed Paper, or other Document ; or, for not keeping up, and prcferving the fame, is One Hundred Pounds. Perfons applying for Certificates in Great-Britain, Guernfy, Jirfey, or tlu- IJle of Man, for Ships or Velfcls which fhall be built, or whofe Building fhall be completed after the ift of Augujl, 1786, fliall produce a particular Account of the iamc under the Hand of the Builder, and make Oath of the Identity of fuch Ship or Veflel. This Claufe to be extended to the Colonics, Plantations, &c. after the :ft of January, 1787. Ships rcgiftcred before this A. procure Certificate, If fquare • 'd 'efl'els cannot enter the Ports to which they belong for want Sccl. 3j. of Depth ot W. ' , Certificates may be obtained upon their being (urveyed at the Port where tl.iy touch. Certifica- of Regiftry to be protluced at every Port, in which any Ship or Sert. n. Vellel fliall , ., either in his Maje(ty's Dominions, or in foreign Countries, under Penalty ot One Hundred Pounds. Britijh Confuls abroad to in(ped fuch Certificates. Perfons making falfe Oaths to any of the Matters herein before required to br;S«^- 4'. verified, (hall fuffer the Pains and Penalties incurred by Perfons committing wil- ful and corrupt Perjury. And Perfons altering or making ufe of altered, erafcd, or falfified Certificated, fliall forfeit the Sum of Five Hundred Pounds. Former Adts of Trade and Navigation not repealed by this Adt, to remain in^^- 4J» full force. All Ships or Veflels regiftered in Ireland, according to an Adt of Parliament of *7 c^. III. that Kingdom, pafl'ed in the prefent Seflion, (hall enjoy all the Privileges and s^ /.' "^' ''* Advantages of Snips and Veflels owned by any of his Majefty's Subjedts. Every Ship and Veflel belonging to his Maje(ty's Subjedts in Ireland regiftered *'^" *' there, according to Law, previous fo the fiid Ad^, fliall continue to enjoy the like Privileges during the Times appointed by the CommifTioners of the Revenue cf Ireland. But at the Expiration of fuch Time, they fliall be regiftered, dc novo, agreeable to the faid Adt. No Oath to be taken by any BritiJJj Subjedt in any foreign State, to enable ^*''^" ^' him *o become a Citizen or Burgher during his temporary Refidencc, (hall be deemed an Oath of Allegiance to fuch State, depriving him of the Rights of regiftering his Ship or Vefl"el, according to the Tenour of the Oath of Rcgiftry of 26 Geo. III. Inftead of tlie Owners, as in the Cafe of private Ships, the Secretary to the scO: 5^ Eajl-India Company, or fome other Otficer belonging to any other Body Corpo- rate, (hall uke and fubfcribe the Oath of Rcgiftry, depofing that the Ship doth wholly and truly belong to the faid Company, or other Body Corporate. Veflels not exceeding thirty Tons Burthen, and not having a fixed Deck, may ~foundli>nJ, &c. for Britijh Subjeds rcfiiiing in his Majcrty's Dominions in Europt, may l>c rcgiftcrcd there by the Ship's I lulband or Agent, on his tailing the Oath required by 26 Geo. III. but fuch Ship on its Arrival in E-urope muft be regiAered, Jc novo, conformable to that Adt, After the ift of Jufy, 1787, Goods and Commodities of the Growth, Pro- dw^lion, or Manufacture of Europe, enumerated and fpccified in the At\s of 13, 13, 14 of Charles II. and 6 f'eo. I. may be imported into Greiit-Uritnin, either in Britijh built Shijw, or »• ps built in the Country, or Place, in which fuch Goods or Commodities, gr urc produced, fubjedt to the Rules, Regu- lations, and Reftridtions, contained in tl)c faid i\dls. Goods of Morocco imported into Gibraltar may be imported from thence in Ships built in his Majelly's Dominions, or Ships belonging thereto, prior ti» the ill of May, 1786, on Payment of the fame Duties, as if imported from jifrica. Provided always, that fuch Goods Hull be accompanied with a Ccrtific.itc, that they were imported into Gibraltar, in fuch Ships or V'cflcls as above dc- fcrilied. All Ships and Veflcis which by 26 Geo. III. c. 60, are declared not to be in. titled to the Privileges of Britijh built Ships, Hiall be deemed alien Ships, liable to the lame Duties, Penalties, and Forfeitures as alien Ships. Ships built in Ireland, and owned by his Majefty's Subjects refiding in any Part o( the Britijh Dominions in Europe, to be deemed Britijh built, and in- titled to the hke Privileges and Advantages in all Refpedls, as Ships built in Great Britain : And, Ships belonging to any of his Majefty's SubjedU a-fidini^ in Ireliiml, and not Britijh built, are to be intitled to the lame Privileges anil Advantages in all Parts of his Majefty's Dominions, as Ships belonging to hi« Majefty's Subjedts refiding in Great-Britain, and not Britijh or Irijh built, are intitkd to. Confirmed by 27 Geo, III. C. 90. Heil, i. . f/. c,,,. in. r786, c. lb. s«a, I. Bounties^ ami other Advantages gr.anled hy the LegiJIa- turey to the Ovoficrs and Mafters of Ships \ and to Sailor Sf and Fijhermeny for the Encouragement of the Newfoundland, Greenland, and other British Fisheries. IT having been found by long Experience that feveral of tlie Provifions and Regulations, hitherto in Force, for encouraging the Fifheries carried on at Kdufoundland, and Parts ad^xent, are infutficient to anfwcr the good Purpofcs thereby intended. , It is hereby etudlecf, that from and after the firj} of yanuary, 1787, the re - fticdtivc bounties herein aftcrincntioncd, ihuli be paid and allowed aniuially, for fiit years, to a certain Number of Ships or Virt'cls employed in the Britijh Filhcry on the Hanks of Ne-wfounJIand, under the Limitations and Rcftridtions herein- after cxprelled, tliat is to fay, that fuch Vetlclsas (hall api>ear to be Britijh built, ,ind wholly owned by his Majefty's Subjedts refiding in Great-Britain. Inland, or tlie Ulands of Guernfey, Jerfty, or Man, and (hall be navigated e-.ich witli a .\Iaftcr, and at leaft three-fourths of ihe Mariners being Briti/h Subjedls, ufu.iliy refiding in his M.ijefty's European Dominions ; and ihall be fitted and cle.ircj out from fomc Port in Great- Britain, or the aforefaid Illands, after the faid firll of January, 1787, and after that Day in each fuccceding Year, and (li.dl proceed to the Banks of Newfoundland, and having catchcd a Cargo of I'illi upon thofe Banks, confiftbg of not lefsthan lOiOOoFifti by Talc, Ihall land the fame at anyone of the Ports in tlie North, the Eaft, or South Side of the Illand of Ncw'f'jundland, between Cape St. John and Cape Raye, on or before the 15th of July in each Year; and (hall make one more Trip, at leaft, to the faid Bariks, and to return with another Cargo of Filh catched there, to the lame 6 Port. I CAPTAINS, ANDSAILORS. 64 !*ort— In fiicji Call', tlic . ■ <■ HuiiJrcJ Ships that (Imll firfl arrive .it !\Wc fo navigated with not lel^. than twelve Men each, ihall he intitled to Fi/fy PonnJn atid if li) navigated with a lefs N'umhcr than twelve, and net Ills than leven Me:i, to Thirtv-J:'>.f I'-uhJj eicii. l'"or the licond Hundred, in tlic order of Time, aiiiving at the Hanks, catehiny the I'ilh, a!id makii;g tlic Trip aforefaidj n-.igatcd witii not Kfs tliui twelve Men Tiiiitty-Jiii' PoniJt each: If witii not kl> tlum leven Men Eightetn PcunJs each — If the Me!i go out upon Shares, 'T/.ui.'y-Jiic PounJi fur twelve Men, and Twitity-oiie I'miiiIs each, for not hi"'; tiian /.':■•('/; Men. Certificates to he produced to the CoiIeih>r of the Cullom", at the I'ort in Grcat-llrltaiii, from which the ;-hips were cleared out, under the Hands of the Ciovernor, or Deputy (Jovernor, or principil OiHccr of the C'uHoms at AVw- f'.':;:dLtm1, certifying the Qi^idifications of the Slaps, and the Conformity of the Mailers to the atortfaid Regulations, the laid Cerlificate iiuill likewife h ive been founded upon another under tlie Hand and Seal of the n.'val Ollicer flationtii on the Banks, and delivered to the (Jovernor, or lome I'erfon appointed hy him, teftifving the Time of the Ship's Arrival, the recpiilite (^lantity o ' filh being caught, CTi'. and the Whole mull he furihcr confirmcil 1 y tiie Oatlis of the Mailers and Mates of e.ich V'ellel. The CiHe^tors of the Culloms at the I'ort in Cixa;.Uriu:in to uhieh the Ships return, are impowered to pay the refjiedlive Bounties from the Funds appointed for that I'urpofe by 15 Gr;. HI. The Certificates and Alhdavits made bctorc the naval t)lKcer or Commander of Scfl. j, any of his M.ijerty's Ships llationeii on the Coaft, in order to fitisfy the (lovernor, or Deputy Cio\ ernor, of the I'aCls \\ hereon he is to ground his Ct rtificate, mull be deli\erod within the Dillriit of S/.Joiin's, in the laid Itlauvl of .W-.rfcunJ/ti/iif, belbre the 15th of S'fttinlrr in eaeh Year; and within any other Dillridt of the Illand before the -,ctli oi Siptcmbtr in each Year. M..ftersof \ellels, previous to receiving tlie Bounties 'o make Oath, that all tlie Scrt. 4. Men belonging to his Ship, who failed out with him, or a Number of Men equal to them, are returned to Grcat-britain, uiilefs any of them have died at Ncisfouiui- land, or on tlie X^iyage. Hirers or Employers of Firticrmcn arc by this Acfl allowed to advance to Sea- 55^1. , men and Filbennen more than half the V\ ages due to them, or contra .led for; provided 'he Sum do not exceed five I'ounds ten Shillings for each drccn Man, and that a Relerve of forty Shillings be kept in the Einployer's Hands to p.iy the Charges of bringing him ilcnie purfu .nt to the Regulations of 1 5 G'.a. Id. Seamen or rilh'rmen, wiluiliy abienting themfelves for one Day, or negleifling, Scrt. J. or refilling to work, ih.'.ll forfeit five 1/ays i'ay, for every Day's Negledt Refuial to work, or .^bfence; to be paid to the Hirer or Employer of fuch Seamen or Filherinen at the Difcrction of the CJovernor, in Recompence for the Lois he may have fullained by fuch Abfence or Negledt. No Oil or Blubber to be entered Duty-free in any Port oiGrent -Britain till theStfl. 7. Mafter or other I'erfon, having the Command of the Ship or Velfel in which it is imported, fli d have made Oath before the Colledtor, or other Chief Olficer of the Culloms, that the liime, and every I'art thereof, is really and bond Fide the Oil or Blubber of I'ilh, or Creatures, attually caught and taken on the Banks and Shores of A. icj/'! ;/;/,//. S. Iir. C. J.. S. 3 2'i(. ». III. i-.b. c. jo. OF S 11 II'S. OWNERS, Britijl Subjctfls, nnii the further Oath , in.w lie cutcrcil Duty- tree. It ihall not be lavvt'ul to nil; any Scan for iMi 1' Oifcntc. Seamen or Filiierinen ilefertin^; from Ntw/hunJ/.inJ, with an Intention tt> enter into tlie Servile of foreign States, lljall, if tliey ranie from Ills Majedy's E;ii ip.un Dominions, be imprilbncd three Months, ami tlien liat Home; ami in lale ihiy do not come from his Majcllys Europi;i>t Dominions, thiy lb 'I, upon Convicliuii, be imprifoneil twelve Months. No Britijh Ship, Vell'el, or Boat, belonging to the I'iihery, to be lijM, bartereJ, orcxcliangeil with any Foreij^ner whatever, nor any Tackle, lI/. 1 lie fiid foity Sliilling; to be paid by tlie Ci)mmif- fioners of the Navy, if tlic Funds in tlie Hands of the ColleClors oftlie Culloms at tlic Port to which any Ship returns are deficient. Officers commanding any of his Majcllys Ships, ilationed at tlie Iila.nl of Ni-u'fouiiilLiihl, are impowered to fearch, examine, and detain Britijh Ships or \ cilels, coming to or going from th-: faid Ifland, which he (hall have reafon to fufpecc arc going to, or coming from the Illands oi St. Pierre or Mifudm for the PurpolLs of lading contraband Cjoods, or Commodities, or t-f bartering I'ilhing-t.ickle, Tools, 6>.c. for fucli Commodities; and if fucli Commodities or .Merchandifc (lull be found on board, the V'ell'el and (Jewds ihall be forfeited. Suits, relative to Ships feized, to be carried on in tlie Vicc-.\dmlralcy Court at 'Scxi'foundlanii. M it (hall appear upon Trial that there was a prob.ibic Caufc for Seizure, though a X'erdiilt be given for the Defemlant or Ddti;ndants, Claimcr or Claimers of anv- Sliip or Veflcl, the Judge of the Court is to grant a Ccrtiricatc to the OlHcer who fi.i/od her, ftiting fucIi probable Caufe, which (hall be given in FviJencc ag.iinll any Adion to be brouglu ia any Court in Qr cat -Britain. No Atllion ihall be co.nimenccd for any thing done in Confequence of this AifV, after three .Months, from the Time of committing the Offence, at Kir.;:f;undlaiul or in Gnat-Britain, unlefs commenced there, three Months after the Return of the Perfon or Perfons complained of. His Majelly's Subjeds reliding in Ireland may tranfporl dirctftly from thence to Nciii'oundl.nid, or to any part of ylinerica where the Filhery is carried on, Provifions, Hooks, Lines, Netting, or other Tools or Implements necelfary for the Filhery ; being the Product and Manufadhire of Grc.it-Britain or Ireland. This t\t\, for the luicouragement of the Sjuthern IVkale Filhery, eftabliihes new and additional Premiums for the Filluries carried on by his .Majclly'.s Kuropeaii Subjcifts in the Seas to the 5i«/i6:i':Jri-J Pouu.L for the Three l.ill of the I'iftcen. l\ir the /'/I'l Ships, or VelUls lad fitttd out, and failing to the Southward of the T/'/V/v -//.«■//• Degree of South Latitude, and reluming within the Times bcfure limited, the following I'ltniiums lliall be p.iid and alhnvcd^iViiVj Hun{lriil Poutiiis lor the lirll Ship th.it arrives at any I'ort in (iriuit-liritiii/!. — Six HuiiJrcd Pou/ids liir tlif Second of Uiil. Shins. — h'iji' llunJrfii Pounds for the Third Ship. — h'^ur Iluuitiid Pjii'ids for the fourth Ship. Ti.'rcc Hundnd Pounds for the Fifth Ship. The (^lantity uf Od and Mead-inafter t.iken together to be not Icfs than Tutnty 'Ions, in each Ship or Vclltl, and the gnatell (^i.mtity in e.ii h Ship to have the largtll I'leniium, and I'o in I'roportion; Regard being always had to the Priority of the Time of .\riival. The MalUr and Thrcc-fourihs of the Crew inuft be BritiJJj Subjctfts, or foreign Sea. 5. Prot;il:ints intending to fettle in Gnul-liritain. N ) I'leniiim ihall bu paid uiilefs there be an Apprentice for the Term of three S«» 6- Years on board the Ship that i laims it, for every /> Toiu Hiirthcn of the faid Ship: Thus a Ship of .^o ions Burthen mull tarry oM four Apprentices, and fo in Proportion j or torfeit .ill Preteiilions to any of tlie Premiums. No I'remiiim ih.'.ll be paid for any Ship, under the aforefiid Circumllances, !'*rt.7«nJ'' unKis a regular Log Hook has been kept iliiring the whole Courfe of the Voyage j \shich lli.ill be proikiced to the Commander ol any of his Majefty's Ships of War, th.it may be met with at Seaj or to the Pritijh Conlul at any foreign Port, into v.hich the laid Ship or Velfel may happen to put; and the Commander of the Ship of W'.ir, and the Uriiijh Conlul, are required to irake Memorandums in the fi.id Log Book, of the Day on which it was produced to them. Alfo, on the Arrival of any futh Ship or Vcflcl in any Port of Great-Britain, with a Cargo entitled to 1 Premium, the Mafter lhall deliver up his Log Book to the Colledtor vf the Culloms at the faid Port; and jointly and feparately himfelfand his Mate lhall verify on O.itli, the contents of the faid Log Book. The .Mailer, Mate, and two of the M.irincrs Dclonging to every futh Ship orSril 9. V'ellcl, lhall make Uath, u[>on the Importation of any Oil or Mead-matter, that it is the Produce of !■ ilh, or other Creatures killed by the Ship's Crew,' within the Latituiles prefcribcd. Perfons taking out inv Part of the Cargo of another Ship to add to their own, in Scft. 19. order to obtain any I'remium, lhall forfeit File Hundred Pounds. And, on Infor- mation given of this Oti'emc, the Owners of fuch Ships and Vclfels fliall not pay anv Money that fhall be due to him, the faid Maftcr, but (hall pay it to tlie Coileclor of the Culloms, towards diilharging the Sum forfeited, upon Con- vidion; and, if the Owner or Owners do not toinply with this Claufe, they Hull be m.ide attountable for the Sum they hive paiil to the faid Mailer. ■J he Produce of Whales, caught near the Latitudes before recited, by Ships Sea, 1 1 . on their N'oyage out, or on their return Home, to be accounted Part of the Qiiantitv entitling thtm to Premiums, provided they have actually tailed and b'jKii Fide carried on the Pilhery in the faid Latitudes, and within the Times before ipccitied. Ships employed in tht Southern Whale Filhcry, m.iy fail and pafs for tlutSea. 14. Purpofe to the Eallward ot the Cape of Good Hope, and to the fyejiward of Cape Horn, or through the Straits 'f Magellan. But futh Ships, failing to »*v: Eajlward of the Cape cf Good Hope, fliall notSeft. i;- iiiil or pal's to the Niub-.i.trd of Tiirfy Degrees of Soutib Latitude, nor make more thAti /ij'teen Dcv.iees oi Eajl Lonv- tde, from the (M Cape of Go jd Hope; nor lhall any futh S \ip or Veflirl fo ' .1 .)g and pafling to the tVtjtivard oi Cape Horn, or through the otmits of MagiJ.'^ ., for the Purpofe aforelaid, be allowed to pafi to the lS,ir!h'.i.uird of th^ Ejt:h:>t1ial Line, nor make more than Fifty Dcjjrces of IVeJl L-mgi-.ude from Cape Horn, 6 Ships OF SHIPS, O W N t R s, Sea. 1-. Sift. iS. Ji-a I J. Se^i, 20, 21. Sfiips, intending to tail to the EiijhmrJ oi the Cupc of Good lhji,l.'ii t\im|>;iny; ami tin; laiil ('Dinpriy Ih.ill n( or \ elitl lliall he intitled to more than one I'rcniuin in the funs Seafon. And it Water he mixed with the Oil imported it liiall he forfeited, together with all Claims to any Premium. And in K.:Sc of any Pifputc, the Owners ot' liie Shif s, if reijuired hy the Ollicers of his NLijefty's CuAoms, Ihall prove tlie I'uiity ot the Oil. Seel. 21, 13. T lie (^antity of Oil and Head-matter imported (liall he afecrtaincd hy an Orficcr of the Culloms before any Premium is paid. Oil and Head-matter may he imported Duty I'Vee, in /?r/'///'!'-huilt Ships. I'oreigners, lettled in (h-uit-Hyitir.u, who h.ae carried on the Fillierv /r.v Yi\irs, (liall he naturaii/ed, upon producing a Certificate thereof, from the projier OiH- ters it his .Vlajclh' ^ Culloms, and taking the Oath of .Allegiance. No Harpooner, Lijie Manager, or 13oat-lkerer, belonging to any Ship or \'eriel fitted out on the aforel.jd i'"ilhery, lli.ill be imjirelied tVom the laid Ser- vice. .'^hips hel();:ging to foreign Protellaiits c.:.iiing to relide in any Part oi Great - Briiiim before the : ^ih ui'fun:, ij'-y/, and which Ships, not to exceed forty iit Number, were built befor-- the full ofywi,; 1786, m.iy be licenced hy his Maj' lly in Council to carry on tlii'^ biihery, fubj^vt to the fcve:-..l Regulations ato;vi„i.l; and import ()d, cr. Dutv free, but ihall not he intitled to any I'remiiun in \'iitui: tliereoL And in Cale of the De.uh of a I'ortigner, ^vhofe Family has been refi- deiit in Gn.it-Briuiin five \'ears, and whole Ship has been employed in the i'ilhery five Seafons, Licence (hall be granted to her as a Ihiiljh built Ship. 'I he Owners of fuch. Ships to take the Oath of .-Mlegiance before the Certificate of regiltering the Ship is granted. Officers of the Culloms, tiTc. granting ♦alfe Certificates, arc made liable to a Penalty of Five Hundred Pounds, upon Convidion; and rendered incapable of ferving his Majelly, Ids Heirs, and Succellbrs, in any OtHcc whatever. It would be unpardonable to ciol'e th.is in->portant .\rticle, without noticing the beneficial l.tfeiils of ihclc Entouragcments given to our Filheries in foreign Parts. Only ciglitcen Ships were employed in the Southern Whale Filhcry in 1 7S ^ ; and the Amount of their Carg(K;s \\as elliinaied at 30,000/. in 17S7, when the addilion.d Hounties and Privileges granted by the Legillature began to take lilfeif, no lei's than thirty-eight Si)ips were employed, and the Cargoes were ellimated at icciooc/. And it is highly probable that the pub lie llatement of this valuable Jjranch of Commerce made up for the Year 1790, will make the Number of Ships employed near fixty, and the .Amount of the Cargoes aliout 300,000/. 'I he GiirnLiiit I'ilhery before the lall War never employed more than One Hundred Ships; there are now upwards of two Hundred and Fifty employed in that Hulinefs, to the great Incrcafe of our Shipping and Navigation; and the Cargoes are valued at 500,000/. ten. J4. Sea. J 5. Sect. ;0, •7- Sea. 59. I. H Ihme CAPTAINS, AND SAILORS. n Hovie Fifljerks, WE imift now take ■x curfory View of t!ic p,rcat AilvaiiMgc; l!i;cly to accrue ■ from tlic Iilncouragemciits lately given totlie Fillieries cihililillicd, and to he cftablillicii witliin the Realm of Gr.-cil-B'i'uhi. The Piiehard I'iflicry was greatly promoted liy an Ad of Parliament of 25 Geo. 11. whereby a Bounty of fevtn Shillings was granted for cve;y Cdk orVefill of Pil- ^ chards, (.-onlaining 50 CJallons taken, cured, and exported, from any Port or Place in Circat-Biitiiiii, to Parts beyond tlie Seaj and foin Proportion for a greater or Itficr Quantity thereof; and the faid Aifl recites X.\\o farmer Adi ot' 5 Un. I. and "5 Geo. II. by which a Bounty of two bliillings had been granted, for the beio.e iiamcd Quantities of Pilcliards, fo taken and cured. Thefe Ads expiring, the two Bounties united are granted for tivc Years, from 1786 to 1791 ; and nine .^ Cj. ni. Sb.iMings for every Cafk or Vefl'el containing fifty Gallons, exportel as at'urelai'i,'- 43- is allowed J provided always, that in Cafe mo;'e than 20,000 Hogdieads ihall be exported in one '\'ear, only feven Shillings ihall be paid for the Quantity exceeding 20,000 Ilogflicads ; and the additional two Shillings on every Calk or \'e(rel of Fifty Gallons, (liall he divided and lliarcd proportionally by the Ships exporting together to the total amount of 20,000 HogHieads. Incorporates certain Perfons therein named, by the name and ftile of TheBritijh j-^ Go. HI. Sjcirty for extending the Fijicrh's, and improving the Sea Cotijis of this Kingihm •,'^- ^'^'^• and enables them, when incorjtorutcd, to fubfcribe a Joint-Stock, and thcrewitli to purchale Lands, and build thereon Free-Towns, Villages, and Filhing Stations, in the Highlands, and Illands, in that Part of Great-Britain called tieotland i and for other Purpofes. The Preamble ftatcs the obvious national Beiietits that muft be derived from this capital Undertaking, if it fucceeds, of which there can be but little D(jubt ; fuice the Members of the Corporation named in the Act confills of tlie principal Nobility and Cientry of Scotland ; m fliort, it is an Allbciation of Power, Influence, and Riches, combined for the Improvement of the Highlands and Klands of North-Britain, and calculated to obviate thofe Impediments> which rendered former Attempts of a funiiar Nature abortive. Empowers them to purchafe Lands ; and Scd. y, enables them to raife a joint fc.l. j. Capital Stoci; or Fund, for the Purpoles of building Free-Towns, X'illages, ilar- bours, Quays, Piers, ise. 'I'hc fum to be fo raifed not to exceed 1 ^0,000/. Ster- ling j and to be divided into Snares of Fifty Pounds each ; each Share intitling the Subfcriber to one \'ote, at all Meetings for tranfading the Affairs of tlie Society. Two Shares to intitle to only one \'oie ; three or four, to only two ; five, fix, and feven Shares to only three ; eight or nine Shares to four; and ten Shares to five Votes, and no more. Votes in thefe Proportions to be admitted by Prux;. Then follow the Oath of the Govcrnour, and other Otliccrs, and the Bye- Law, founded on Precedent of fimilar coinmercial Societies, and containing notliing new or extraordinary. No I'raiisfer, other than by Gift or Bequeft fliall be made of any of the faid Sefl. «. Cajjital-Stock, or Share, under tliree Y'ears, from Augult 10, 17S6. 'i he Books of Aciounts relatuig to the Society ihall be dated and fettled; and Sofl. jj. every Proprietor Ihall \\.\vz iVee Aeccfs to them, at con\ juie.-it Times. u Eficjurag(mc)tt -ILIB. il I ! h.l 74 O F S H I P S, OWNERS. Encouragement of Britifld-niade Sail Cloth. bC«. II. TJ^VERY Ship uhidi Hiall be brnilt inGnv7/-Br/.'.7w, and every Sliip built in Cip.j7-S.4- 12^ his Majcfty's Plantations in Ji:icriai, rtiall, upon her firft Ic'ttinij ort, Inw? one complete Set of Sails, made of Clotli maniifachiicd in lirtji-lhitiiiu, and i.i Cafe fuch Ship (hall not be fitted as aforefiid, the Mailer (lull torfcit ^ol. t>iuo, S. 5. No Perfon (hall make into Sails or Tarpawlins, any foreign S.dl-Cloth imnortcvl after the 24th of Junt', 1731, not ftnmptd ; and in Cafe any IVrlbn llnHni.'ko up foreign Sail-Cloth, other than as afore(aid, (uch Sails and Tarpawlins llull ho foifeitcd, and (uch Perfon (hall forfeit 20/. Ditto, S. 10. This Adt (hall continue five Years from the 2.(th of yunr, 1736, and to the End of the next Sedion of Parliament. Continued till the i// o/' June, 1747, iind until tl.w next Sejion of r.vTuiment , hy 15 and 16 Geo. 11. Confirmed by ir; Geo. II. p. 4^7. And it is there all'o enaded, tint i'r(>m the 24th of "June, 1746, every Ma(ter of a A'ellcl belonging to a Sul'iecl, navi ;.ued with, or having any foreign-made Saih aboard, (hall at the Tiiiuof his making his Entry at the Cu(tem-hou(eof (ueh Veflel,al(bmakc Mntry and Rej'ort upcn Oath of all foreign-made Sails ufed in, or being aboard lueh Willi, and bet'ore the VefTel (hall be cleared by the Dtlkers of the Cullonis inward-, wliere ilie (hill difcharge any of her Lading, he (hall p.iy the like Duties pay.ible by an .\d of 1 2 Anne. Every fuch Sail (liall be (lamped at the Place where the Vellil (liill m ikc hc*r Entry, in Manner herein aforemetitioned ; and if the Mafter ihall not make I'lich Entry, and pay the Duty before the Velld Ihall be cleared by the Oiiiicrs of the Cuftoms inwards, all ("uch Sails (hall be forfeited, and the Madcr for every (uch Offence (hall forfeit 50/. If the Mafter after his Report or Fntr\' made, and before the WlTel is cleared by the Officers of the Cuflums, Ihall declare his Intention of not chooling to pay the Duty, and (hall deliver ("uch Sails to the OlHcer of the Port where Iv* makes his Entry, in fuch Cafe the Sails are to be forfeited, and the .Mafkr ihall not be liable to pay the Duty or Penalty of 50/. Nothing herein contained ihdl make Captains or Martcrs of \'clTels, coming from the Eajl-Indies, liable to the Duties or I-'orfeitures af"orefiid, tor ("uch V'ei"- fels being navig-ated with, or h.iving tbreign-mad'r Sails on board, which (hall bond Jide be brought by them f Vom thence. The CommifTioners of tlie Cuftoms of Gre^f- Britain, by the 24th of yiine, 1746, (hall provide a fulH'.ient Nuinber of Stamps of eight Inches l)iameter t"or the Stamping of foreign-made Sails, &',-. And as Doubts have arifen about the meaning of a Clanle i!i the faid A>fl of 9 Ge:. II. by which Veilels are obliged at their firft letting out, or being firfl navigated at Sea, to be ftirnifhcd with one full and complete Set of Sails, made of Sail-Cloth manufatflured in Great -liritain : to obviate llich Doubts for the future, it is cnadcd, that from the 24th of June, 174^', every N'ellel which fhall be built in Girai- Britain, and from the 29th of nnrm/>er, 1746, every Veffel which (hall be built in his Majefty'i Plantations \\\ j-linaica, upon her firft being navigated, (liall be furnilhed with one ("nil and complete Set of Sails (bond Juie belonging to ("uch X'cffel, &c) maiie of Sail-Cloth m.mufa.-'.ureil in Great -lit it din, under i'enalty, for every Default, of 50/. to be forfeited bv the Maftcr. All the foregoing recited Arts, relative to Britijh made and foreign Sail-Cloth, are continued, and to remain in I'orce, until the 29th of S.-ptejiil er, i~')Z; and from thence to the end of the then next Selhon of i'arliamcnt. If any Subjec^t of this Rt;alm (hall (hip any >Salt or Ruck S.dt, that hath paid the Duty, to convey it by Sea fo any Part of lirg/iir.d, and the VelTel peiiili at Sea, or be taken by Enemies witii ("uch Salt on board, ("uch Perfon ill. ill, ui'i'ii Proof made at the Ciuarter Seilioub for 'he Couuly, <^\. wherein he colli in- habit. Tjgf 4j-S. Page 462. j6 '"'(•». c-$3- ^ III. jandfi/r,,'/. and Mar. (,'. -.S. 21. >n fi - (it firll .\ilc tor lull ly !.n- Sails t) in the loth, Tul ih iit ill ■ CAPTAINS, AND SAltORS. 7J luinit, of the Lofsi of fiich Salt, receive from tlic Sc-flions .1 Ccrtilijatc, and upon producing the Certificate to any Officers of the Duty havin^t; been paid, they arc to let fueh I'trliins (hi, the like Quantify of Salt without paying any Duty. Where any Ship laden with Salt ihall he found hovering on the Co.ifls, notiA« St. 1. proceeding on her Voyage, it (hall lit lawful for the Otficers of the Cuftoms, or^*''""'''^* of the Duty on Salt, to go on board fuch X'edlls, and compel them to come into Fort, and to continue on board until the Salt be unladen, or the Ship (liall depart from the Port ; and if tlie Ferfons on board any Ship importing Salt, (hall negle(Jl to cntir or unlade fuch Salt twenty Days after the iiime is come into Fort, orwitliin lliat Time to depart and proceed on their Voyage, unlefs permitted by the chief Otlicer of the Cutloms, to make a longer Stay, all the S.dt on board ("uch Ship (Irall be forfeited, and double the \'alue thereof, to be recovered of tho Mafter. No foreign Salt (liall be imported in any Ship of lefs Hnrfhen than twenty Ditw, S. d. Tons, and in Hulk only (except for the Frovilions of the Ships) upon Fain of forfeiting the Salt, and double the Value, to be recovered of the Ferfon im- jiorting. If any Ship laden with Salt, to be carried beyond the Seas, (liall come into Diuo, S. u. any Flace in Eng/ami, it (hall be lawful for the OtHcer of Salt, to enter fuch Ship, and there continu; till the Ship unlade her Cargo, or teturn to Sea, under tlie Fenalty of 20/. to be recovered of the Mailer, who (hall refute fuch Otlicer to come or board ; and if any Fcrtbn (hall unlade any of the Salt before lintry or Re-payme;it of tlu Duty, the whole Cargo of Salt (hall be forfeited. VVhere any Salt (hall be laid on board any Ship, either to he tranfported be- DUto, S. ij. yond the Seas, or carried Coallwiie, the Otlicer of the Ciiftoms (hall in the Cockets (which (hall be aUb (igned by the odicer for the Duty on Salt, and given without Fee) exprefs the Quantity of Salt ; and in Cal'e ("uch Ship (liall come int« any Fort in Englatul, it (hall be lawful for the OlHcers of the Cutlc'iiis or Ollicers for the (aid Duties, to go on board ("uch Ship, and de- manil a light of fuch Cocket, and in Cafe lie has Caule to fulped that there is not lb much Salt on board as the Quantity expretVed from ("uch Cocket (and (liall make Atlidavit thereof before the Collector, or Cutlomer of the Fort) to weigh all the Salt remaining on board ; and in Ca("e there ihall appear not to be lij much as the (^antity e.xprelled in fuch Cocket (making Allowance for the W'alle, anil for Salt delivered at anotiier Fort, and indorl"cd in the Fermit) the Salt rem,iii\ing ihall be ("orfcited. No Salt of tile Frodnce (.r Manufadure of Emrhiiid, Jl'olcs, Berwick, Scotland, ^^^'<^^ I 'f'^- or A. 7j.'.'./, nor any other Salt coming from //I'/.yw./, .SVj.'/i.v;./, or the ///.' of Man, ''''■'♦■ (hall, ..tter /w/.i' I, 1704, be imported into Eiigliiitd, l^'alcs, ov liiTicick, upon Pain that all the Salt to imported, isc. ihall be fort'eitcd, and that the Ship (hall alli) be fbit'eited ; and every Ferlbii that (hall take any Salt out of fuch Ship, or carry the tiuiie on Shore, or convey the tame t"rom the Shore, or be atTifting there- in, ihall torteit 20/. or lutler (ix Months Imprilbnment. It fhall be lawtul for any of the OtHcers for the Duties upon Salt, within D'tto, S. j, two Months al'tcr the landing any fuch Salt, to feite the Salt, and alt"o the Ship; and in t.ile the Owner of iluli Sa.; or Ship ihall r.ot within twenty Days diiin the ^'alt and Ship, and gi-e Security to anfwer the Value, the Salt and Ship Ihall be told. Noihing in this Atl dialle\tenil to any S.dt (liippeJ to be c.irried Coaftwife, niito, S. 3. by Cciliticaie, lium (jiic Fort to another, according \.u tinmer Acts. In Cafes where Salt ll.dl have been ihippcd to be exported, and theShip Hull Diuj, S. +. by Strel's ot" Weather, Ivncniies, or other Neceliities, be t'orced into any Fort in EngliinJ, it Ihall be lawful for the t3wner of I'uch Salt, or Mailer of fuch Ship within twentv Days, to reland the Salt, ti) as due F.ntrv be m.ide, and the iJutics again paiii down fur the whole (^antity that was entered to be exported before any Part tlieic'ul' be relauded. Where any Ship jhall conic into any Port of Eng/j/ul fiom IrchnJ, or other Daio, !?. 6. forci;;!! Fart, having on board any Salt ',\hii:h wa;. t.ikea in only for the Frovillon ol tlic ship, or tor eu:ing of Fiih, it lliall be lawful to land the Salt, fo as Lntry U i be II ^l .J { DiUo, S. 10, Dittoes. 1 8 i?r,,. I. c, U.S. 18. Ditto, S. 10, Ditto, S. 7: Ditto ; ; Ditto, S. 24 Ditto, S, 15 50.). Iir, c 4;. i>. 40. OF SlI i Pi,, OWNERS, be made thereof within D.\s ''•••• commit into Port, ^ il th" Duties paid down or (ccurid bctbrc any i'.\n theivot he ' ndd. Where any Salt (th • Du.ic^ vhcreor' iV \11 have hcen paid or lirciircd) fh.iU be lliipped, and perilh by the l^-'I-.ir.f; o.^ tli ■■lip, bctbre going out of I'ort, and bclore the Exporter 2\.\\] he intitlcl to 11 Druwbaek ; the Exporter or Proprietor of the Salt Hull, upon Proof nr.uiebciore the jviilices at the ncv:t Qua- tor Sc;lions, receive a Certificate to Inch Proof, and upon producing it to any Colljitor of tht; Duties, he (hall let the Proprietor buy the like Quantity of Salt witiiout payinjj Duty. Or if any Salt is loft at Sea by ftoniiy Wcatlicr, or liy hting tlirown over- board for the Ship's Prcfervatiun, the Ov.s.er thereof (hall, upon Proof l)y the Oaths of two (whereof the Mailer or Mate of the Vellel to be one) receive a Certificate as above, and be .'llo'Aed tf) buy die like Quantity ol Silt williuut Duty. If any Mailer of a Sliip. wlio ihall iiiij-ort h\to (hoif-lh-ifi'u -.uyy Salt taken in for the Provilions of the Ship, or for curing Fiih, Ihall nul inter and pay, or fecure the Duty ftjr the fame within ten Days after comin.; iiito any Port, and before the lame be landed, the Salt lo imported ihall be forfeited, ;uid tlic Maiter or Owner Ihall forfeit doul)Ie tlie Value. F.vcry M;Uler of any \'e(lel, who ih.tll tranfport any foreit^n Salt from Sro/- hmd, or any of the I ll.uids thereof bclon.png to I'/a^/j/iti, or from o;ic Port to another in (jirai-Hrl/ain, Ihall, licforc landing or deliverin;^ Inch Salt, deliver to the Otlicers for collcdting tbr duties on Salt a Particul.i. of tlie f^iantity, limned by the Otlieers of Salt ami Culloins for the Port whence tlie \'el1t;l came, and the Mafter, his Mate, or BoatlWain, Ihall make Oath, before the Cuminiirioners for the Salt Duties, or their Olhcers, that to his Knowledge there hath not been taken into the Velfel any Salt finec he came from fuch Port : And if luvh Veflll be to deliver Part of her S.si! at one Port, and part at another, the Ollicers of the Salt Duties, ami c!" the ( ,i;\oms, where fuch Salt lliall be delivered, (hall certify on the Back of the Cockel or Tninjire, orelfeby Certificate, what (^lan- tity of the Salt hath been delivered, on Penalty of double the N'alue of tlie Salt otherv.ife delivered, and ic'.. per Ijulhel. It ihall be i.iwfi'.l fortb.e Salt OtHcers at any unlading Port to go on board fuch V'ellel, before the Delivery, and liemand a Sight of the Cocket, ami to weigh the Salt upon the unlading ; and if the Salt he found to be more in Weight than what is contained in th- CfM-kef, the Surplufage ihall be forfeited, and il' the M.ilkr refufes to iho.v she Cco'-.i ', the Officer may feizc the Salt, and detain it till the Cocket be produced ; and if it be not produced in four Days, the Salt '■i.;iil be forfeited. ''he Ollicers of tlie CuftotTir,, or o^ the Duties on Salt, may go hoard any '. '. ,el to fearch if there be ;.''y Salt on loard, and may feize the fame, if it be totind on board any other Velicl tiian that in which the Salt was imported, un- lefs it hitlbeen didy entered, or tlie Duties paid or lecurcd ; and all fuch Salt ihall be t'or!eited, or the Value thereof to be recovered of the .Mafter or Owner of fuch Velfel, who ihall likcwiie be liable to all other Penalties, as if the ftme had been landed, without I',ntry or Payment of tlu- Duties; and every Perfun who (hall hinder any Otiiccr in going on board any Vellel and learching, (liall furleit 40/. If any fureign S.ilt be put (<;i Shore before Fntry or the Duty paid, or without ;i Warrant, the Pcrl'on landing the lame, or conveying it from tlie Siuire, or af- fifting therein, llvill, over and above the Penaltie-; alrevidy given, torfeit 100/. C)n refhipping any Salt, Hfi.'.y/j or I'orci^^ i, from any Boat into any Ship, and before any Dilp itches for the Salt fo relhipped be granted, the Maiter, (Sc. that cnmes along v.ith the Salt to be (hipped on lioaid another Velfel, ihall mike Oath bctore the Sdt Oflicer, that all the Salt he took in is Inulv relhi[iped, and that there was no Salt aiided to it, or taken from it, to the bell 01' his know- ledge. Oil I'etialty of forfeiting double the Value of the Salt, tliat ihall be other- wi(e relhipped, and alio tos. pir Biilhel. Salt landed without the prefence of any Otlicer, is forfeited, with lor. f".r Bulhcl ; and the \ellel out of whii 11 it ihall be taketi, with tlie T-iekK: and L'urniture are forl'eited; and every I'tilbn concerned therein ihall forkit 20/. 3 Oilicers un- Salt Owner if the every -hing, .uliout or al- so/. ;r. CSc . 1 iinkc kiiow- othcr- CAPTAINS, AND SAILORS. :'7 Officers for the Duty of Gait, mectiiy^ a.iy Perfon convcyiiig Silt by LaiiJ rtrivino, P. 41. Water, by Day or Nigh;, 'uy demand a Sight ot" the Permit and in;iy at their own Expenee w wigli t'>e Sail ; itid it it he found more i • \Ve!i>ht t!u!i contained in the Permit, the Si.rplul'age ihall br forfeited ; nnd the p- rl(>ps .onveyin;^ the mveyi A: ons ar" hable 4'. <». riv r.Mo be » <■". 111. c. »<• 4 '- ^. III. c. ?;ir. iroin thence \,j. 20 OVt. Ill.c. on of the Ad^'' .„ . 1 ,, , i III./, anit tlie Growtn or a/^.. ^ui. 1. lUiy Country ort. ly. i-*. lame Hi^l' Ix l»ab;: f the dric P'.nuitics aiu i'" - ifirurs, a to for removing Sah with* a > d, ,• Entry. Pcrfons obilrudting or a'oufing Oflicers, in tlic Exenuii. i jf thtV ' 'uty, fhall Piii forfeit 23/. for every Offence. Salt may be imported from any Part of Europe r > ^' imported into l^w/jtri. This Adt continued and to be in Force, unt ' '/>/■!( to the End of the then next Seliion of I'arhaim m.. The tlirowing of Silk is not a Manufacture nifh;? of Navigation, 12 Car. II. Cap. iH. and no shr.'i Protludtion of Ttirky, Vcrjia, Eajl-lndiu or Li-.-. Place, (except only Uich thrown Silk as Ihall be of the (Jrowtii, or ProiUidion of Italy, aicily, or of tlie Kingdom of Niipla, and which (li.dl be imjx)rtaJ in fnch Ships, ami navigated in Inch Manner as in the Act is dircdled, and brought from lome of the Ports of thutl- Countries, whereof the fame is of the (Jrowth or Produdtion, and which ihall come diredtly by Sea, and not otherwile) Ihill be imported into England, &:c. upon tlie forkiture of all thrown Silk imported contrary to this Adt. No foreign wrought Silks or Velvets fliall be imported into Great -Brita'n, thc^ ^"- '"■'■• Illands of Jerjiy, Umr/.jly, ..lUtrncy, Sark, or Man, on I'orfeiturc j and the ' • • • furthor Penaltv of 100/. to be paid by the Importer, for each Piece or Remnant, witii Cofts of "iiit. This not to extend to £•• ;tluT with that of the VelVel and Furniture. 29- ^- 4- c getl Tiic Treafurer, Comptroller, Surveyor, Clerk of the Adts, and Commif- ' <'.'- '■ fioneriof the Navy, or one of them, on Oath of one Witnifs, that his Maierty's''" " Stores, &c. are conveyed into any Ship, being at Anchor, and not rc;idy to laii that Tide, within any of the Roads, Il.irbui.rs, (Se. in his Majelly's Domi- nions, may authorife any Perfons by their Warrant fin which the Quantity and Q^iality of fuch Cloods (hall be fjKcificd) in the Day time to go fn board fuch Siiip, cifi'. and in Cafe of Refirtance to break open tiic i latches, iiSc. and (earch for fuch (joods, Cj?(.-. and fcize the fuiie for his Majeriy'K Ufe, unlc^; the faid Ollicers and Commillioncrs Ihall fir:t!, upon huuir of the Matter, that they were unjuftly I'cized, and thereupon relLre .i.en. to llie P rty. In Cafe the .Mafter of any Ship iha!" >riii^ into ll.is Kc;ilm froiv> Ireland, the 1: .^»''.« 'f. Ijk of Man, 'Iferfey, Guernfcy, or iY V,, or i.ny of the foreign Plantations,^*'^ *''" any Rogue, Vagabond, or licggar, or a.,; othc- I'crfoti likely to live by be^'ging, being a Native of any of th : laid Illandi. or I'L.n'ations, id the Perfon lb brought over Ihall lie apprehended wanduiig a' d I'vcgginy, or o'herwife mifor- dcring himfelf as '* icfaid, fuch Mailer, CV. iiiu> tbrftit 5/. for every Ilov' ac, &c. over and ali< luch Money as Ihall be rieccii>ry to defr;'/ the Charges that any Conlhble Ih .1 be put to, by Meai\s cf apprehending and re-conveying the Perlbu} and the Conll.;ble or other Otliccr of any i'a-ilh where any Perfon fo brought over ihall be found wandering and bejiging, or mifordering himfclf, may caufe him to be apprehended, and ope-dy svhipt, and ;\i"tcr put on board any Ship, to be let on Shore in the Place from whence he was brouglit, paying for the i'alf c back of fuch Perfon fucii Rate as the Jultices at their Quartcr- SclVions llui. appoint; and in Cale fuch C allable, (Sc. ihall upon Oa'h make appear before any Jullice of Peace what i;\p>;nce he hatli been put to upon fuch Occalion, it ihall be lawful for fuch Jurtii ■_ by Order to diredl the Payment of the Money fo expended, as alfo of the Penalty of 5/. and in Cale (l-cli Mailer, ' iSc. of the Ship ihall ncgledV to pay the Monies u()on Demand, it (lull be lawful for fuch Jufticc, by Warrant, to lejy the fune by Dillrei^ and Sale of the Ship, or any (Joodi witliin tlic func, wliilo rcmainiiiK VV'ithin the jurifdidiion X " of i m I i ,1!* f! ^ r j I 78 OF SHIPS, OWNERS, ofuich Jiiftice; and if the Maftcr of the Ship ihuU he gone nut of the Jinif- di(ition, vTi . tlic f.iid Order of the JulUce may be removed by CVrZ/sfv/;/ into the Cijiecii's Bench, and being filed, the Judges are required to dircdt IVocefs for arrefting the bhip, and iletaining the fame, until i!;t" Monies mentioned in liich Order, together with the Charges of fuch }'rtK''fs be fat'sfied, or othcrwile to award I'roccfs for levyijig tlie Monies by i\ipu!>, /•••ri fj,ijj, or f//?/>, againll the Mailer or Owners of the Ship, as the Court iJull tliuik pro[XT. Ditto, S.JJ. I'rovided that in Cafe fuch Maftcr or Owners rtiail in the f.iid Court fhcw any prob.ible Ground of Grievance by the laid O*- ler, they may be admitted to traverfc the fame; giving Security in the Penalty of 50/. to aniwer the Cofls of fuch Traverfe, in Cafe it be determined againll them. Ditto, S. x6. All Mailers of Ships bound for Irclaiul, the Illes of Miin, yerfn; Cui-rnfy, or Sicily, ihall, upn Warrant to them direded by a Jullice of Peace of the County, (Sc. where fuch Ship (liall lie, take on boi'.rd iUch Vagrants as ih.dl be named in the Warrant, and convey them to fuch Place in Ireland, the Ijle of Man, jirf-y, Gucnijcy, or Sicily, as fuch Ship ihall !ie bound to, or arrive at; and for the Charges thercx)f, the Conllable, or the Perfon who ferves him with the Warnuit, ihall |\iy him fuch rate as the Quarter Scllions Ihall ap)x>int, and liich Mailer ibiU on the Hack of the Warant fign a Receipt for the jMoney, and alio fur :hc Vagrants; which Warrant ihail be produced to the Jufticc who ligned the l.ijie, uul \\\%n\ his Allowance thereof, under his Hand, the Money flull be rttpaid by the County; and every Mailer ot' fuch Ship, negleding to re- ceive or tranfpjri fuch Vagrants, or to cndorfe fuch Receipt, lliall forfeit cA to Inr levied liy Diitrells, or Sale of the Ship, or any CJoods within the fame, by Warrant of any Juiiice •ai Peace for the fame County, (Sic. Conj.rmcii b^ 13 Geo. II. ;&. 478 and 479. 4ind t,Ann. Maikr> ot Ships knowingly importing foreign cut Whale-Fins or VVhale- ^ f^- \: •'■ Bone, Hull forfeit jo/. 6cc. II Car, 11. ' J C. 32. b. ». Latvs in Force prohibiting the Exportation of live Sheep^ li^Qol^ Woolfels^ YarM, fVorJteJ, ^c. and for the Encouragement and Security of the IVooilen Manu- faSiurei of Great-Britain. »S e(5ling all or any of the before enumerated Articles, Goods or Commodities, Ihall commence, take Eftcdt, and be in Force, in fuch Manner as arc hcivia after mentioned. 3 If nc- put ;;iin ; nd- this into ifwcr 'ation the any ics of Fio- cfore and If CAPTAINS, AND SAILORS. If nny Perfon or Pcrfons whofocvcr fli.ill, from and after the pafTing this A«fl, %ti\. i. briny, (ielivcr, (end, receive, or t.ikc, or c.uili-, or procure to be brought, delivered, fent, received, or taken i'lto any Ship, W-lVel, or Boat, any Rams, Sheep, or Lambs of any Sort or Dekription whatfocvcr, of tlie IJrccd of the l^ingdom of Gffiit-Iiritdin, or of the liies of Jcrjiy, Gucrnf.y, jlUcnxy, Siirk, or Mun, being aUvc, to he carried or conveyed out of the fiid Kingdom, or any of the faid llles ; the l!iid Runs, Sheep, and I,ambs, and ahb the Ship, Velfcl, or Boat, on Board of which the fuiie (lull be taken, or received, ihall become forfeited, and liable to be feized anil lecured, fur tlie Benefit of any I'erfun or Pi.'r(ijns feizing the fame ; and every fuch Perfon and Perfuns fo offending, his, her, and tlicir Aiiiers, Abettors, Procurers, and Comforters, knowing thenof, and who (h.dl be thereof convidcd, lliall, for every Sliecp or Lamb which lii.dl lie brouijlit, delivered, fent, receiveil, or taken with any fuch Intent as aforefiid, into any Ship, Velfel, or Boat, forfeit tlic Sum of Three I'ouiids, of lawful Money of Grtat-Britiiin, and ihail alfo fuffer lijlit.iry Imprifonment in the common Gaol or Houfe of Corredion of the C ounty, Riding, Divition, or Stewartry wherein fuch Ortender or Oftendcrs ihall be rel'pedtivvly convidcd, for the Space of three Months, without Bail, or Mainpri/e, and uiitil fuch Forfeiture (hall be paid; but the Whole of the faiii Imprironment lor Non-pa\ment of the I'orfeiture, not to exceed twelve Months. I'or a fccond OtKnce, the I'orfciturc to be five I'ounds for every Sheep, with fix Months Imprilbnmcnt, and two Years for Non-pay- ment of the I'orfciture ; but not to extend to carrying Sheep on board for the ncceflary Provifion of the Mafkr and Mariners, and Palfcngers of any Ship or VefTel on her N'oyagc. No live Wether Sheep to be fliipped on board ."ny Ship or VelTel, for nccclTaty Sea. j. Foot! or Provifion for the Mafter, and Mariners, or ''affengers, without a Licence from the Collector or (.'omptrolKr of the L'ulloins ai the I'ort from whence they are fhippcd, fpecif'ying the Number of Sheep fo taken on board, and they niuft be put on Board in the Prelcnce of the proper Officers, appi>inted by the Cuftom- houfc to attend for that Purpofe ; under the Penalty of Twenty Shillings for every Sheep, and I'orfeiture of the fame. Wlicre there is no Officer at the Shipping Port, a LiceiKC muft be obtained Scfl. 4. from the Officers at the nearcft Port. Not to extend to Vcflels bound to, or from any Place between the Mull of Se.i. j. Cantire and dipt H'rnth, in Sc.tliind. Nor to the Removal of Sheep from the main Land to Iflands within tlie Firtf's Seft. 6. of Scotland, where Lftates confill of both. Provided always that the Proprietors of fuch liftates, or their Tenants lliail give Bond to the King, under the Penalty of One Hundrai Pounds, not to export fuch Shvcp ;\nd Lambs to foreigti Countries, and (hall take out a Licence for flich Removals, t'pecif) ing tlie Names and Situations of the Iflands, to and from whicii any Sheep are removed, and the Names and Places of .Abode of the t)wners. Perfbns, who (hall dirediy or iiidirciitiy c.irry, export, tranfporc, or othcrwifc Scfl. 9. convey, or caufe or procure to be conveyid, out of tlie Kingdom of (intH- Briiiiin, or the llles of Jt'^Jiy, Gurr't/iy, .iLh-rmy, Hiirk and Mtn, any \\'oo\ whatfoever of the Growth of the Kin^do!n, or of the llles aforelaid, or any Woolfels, Mortlings, Shortlings, Yarn, or Worded, made of Wool, isc. cifc-. (Sc. and alfo ail and cveiy Owner or Owners of any Ship, or \'eflel, and the Owne's of any Horfe or other Bcvfl of Burtlien, Waggon, C'art, or Carriage, upon which . !iv Sheep, Wool, or other .A.rticles before enumerated, (hall be exportoi, tranfporteu, rirried, or conveyed, packed, or loaded, with an Intent io be ex- ported, knowui^ thereof, and being adually aiding, allifling or confenting thereto; and alfo every Mal'^cr and Commander, and .Mariner, of or in fuch Ship or other VefTel, wherein any f'.ich \\\yo\ or (tlier Articles aforcfaid, and which are hereby prohibited to be cxporiL.!, fliall be fo exported, tranl'ported, carried, or conveyed, or leaden or laid on Board as ..f'-rcfaid, with any tiich Intent or Purpofe, knowing thereof, and being adtually aiding, allifling, or confenting thereunto ; and alfi) every Faer Otficer of the Cullonis, at the Place from wiiich it is intended to be conveyed to any otlier Port or I'lacc in the Kingdom, and a Cer- titicate of li.ch Entry ih.ill accompany it; otlurwile, if found witiiin live Miles of the Sea Coall, it llnll Ik- feizcd and forfeited, together with ti>e Waggon, Cart, (Sc. convcjiiig the lame. Tlie foregoing Claufe not to extend to Wool carr)'Ing from the Place of Shear- ing to the Owner's Houle, though within live .Miles of the bca, i>rovided the Number of Fleeces, and the Place where it is to be lioulcd, be certifieil to an Otiicer of the Culloms, at the Port nearetl to the Place where it is houfed j and that it be not reinoved from thence, or otherwife difpoled of, without Notice given in Writin;_(, lignedby the Owner, to the OtHceror Otlicers of the Curtoms, of tlie Intention to remove, or otherwile diljiofe of the func. If there be no Port within rive .Miles of the Dwelling Houlc of the Owner of the Wool, the Certificate, Notice, (s!c. may be given to a Jufticc of the Peace, or any OfHi.er of h'w M.i'u'lly's Revenue nearell at Hand. I'rovided alio, that in Cafe any Slicep (hall be (horn between the Jirji Day of March, and the Jir/i of July in any Year, for the lole Purpofe of fending them to Market, it (hall not be necelfaiy for tlie Owner to certify the Quantity and Quality of the faid Wool fo (horn, and where the l^mie is houfed, until the Oeneral Shearing for that Scifon of the whole of the I'lock or I'loLKs of Sheep belonging to him is finilhed for that Sealljn, when he (hall give an Account of the Quantity of Wool, and the Number of i'lecces fliorn from the whole. It ihall be lawful for any Pcrlbn or Perfons authorifed and qualified as is lierein after mtiitioned, to feize, take, and challenge to and for hi.s own I'lc and Benefit, all luch Wool, Woolfels, Mortlings, Shorllings, and other the aforelaid \V^)rilcd and Wixjllcn Articles, Fuller's Ivarth, bulling-Clay, and Tobacco- Pipe Clay ; as he, or they Ihall happen to lee, know, or difcover, to be brought, carried, or laid on ihore, at or near the Sea, or any navigable River, t'j the Intent or Purple of being exported or conveyed out of the faid Kingdom of Gn;it- Britain, or out of the Illes aforelaid, contrary to the true Intent and Meaning of this .\d ; and the Offender or Offenders therein (hall be (ubjcwt and liable to the like I'o'.feiture, I'ains, and Penalties, as l'er(bns by this A*it are llih- jed to for exporting, tranfjxirting, or lliipping of Wool, or tiie other Coiiunodi- ties before emimer.ited. . Wool for the ordy Ufe and Behalf of the Inhabitants of the Illes of Jerjiy, Gutriijey, AliLrni-y, and Sitrk may be cxjiorted from the Port of Southam^t-jJt only, under the following Regulations; Sucli Wool to be lhipix;d on board Ships or Veliels the Owners whereof are at the Time, adual Inhabitants of tlie faid Illes. And the Perfon or Perlbns (hipping t!ie liime (hall deliver to the proper Oliidcrj of the Cu (loins at the Port of ^.u:':^:>!pt'jn, a writin;; under « CAPTAINS, AND SAILOR 9. 8i under the Hand and Seal of the Governor or Deputy -Governor of tlic faid Irtands rc(pc(SivcIy, liiccifying the Quantity of Tods of Wool to he cxiwrlctl; that the faid Wool is to he uOd and rnanufafturcd in one of the faid Ilks, or in fome of the Members or i'arts of the fame ; and tiiat the Party named tljerciii is properly authorifrd and appointed to export, or caufe the faid Wool to be exported, and has f^ivcn Bond to the King for the landing of tiic fame in manner aforefaidi The Quantity to be exported annually from the faid Port of Soutbatnpton to the faid Ifle«, in any one Year, accounting from the Jirji Day of January lart part, to the JirJl Day o( January in every fuccceding Year, (hall not exceed the Quan- tity hereunder fpecificd; that is to fay, unto the Kle of Ji-r/iy four thoufand Tods of uncombed Wool, and no more; and to the Illc of Gurrnjly two thoufand Tods; and to the Ifle of yl/Jermy four hundred Tods, and to tiie Iflc of Sari two hundretl Tods; each Tod of the faid uncombed Wo«)l, not exceeding Thirty two Pounds in Weight. And the Governors or their Deputies, (for whom they ihall anfwer) fhall not fign any Writing authorifmg the Ex|)ortation to the faid Iflcs of any more than the Quantities fjiecitied as above. Alfo it is enadted that if any Cuftom-Houfc Officer at the Port of Souihampton (hall permit more than the allowed Quantities to be (hipped for the laid Ides, he (liall forfeit 500/. and be difcharged from his Office. And if the Governor or Deputy-Governor uf any of the faid Hies (hall give, grant, or make out any Licence or Licences for exporting more than the aforclaid Quantities, he or they (hall forfeit 20/. for rvery Tod of Wool, fo licenced to be exported, over and above the Proportions of Wool in and by this Adl, or the true Meaning thereof, limited or appointed. One Moiety of the aforefaid Forfeitures to be for the Ufe of his Majefty j and the other Moiety for the Benefit of the Perfon or Perfons fuing for the fame. One Shilling, and no more (hall be paid to the Clerks, Officers, or Servants of tiie Governors for (igning, fealing, and entering each Licence into Books to be kept for that Purpofe. No Wool nor any of the Woollen Articles before enumerated to be (hipped ^"•'^ '9' tut in Ships, Vcflclj, or Boats belonging to natural- born Subjcds refident in Great-Britain. Provided always, that tnis Adt (Ijall not extend to any Lamb- Skins ready dre(red and prepared, fit and ufeful for P'ur, or Linings. Repeals fo much of the Adt of 9 and :o IVillLim III. c. 40, as prohibits Se<». 10. Perfons reliding within fifteen Miles of the Sea, in the Counties of Kent and HuJJ'ex, from Iclling their Wool to other Perfons refiding at the fame diitancc from the Sea, under the Penalty of Forfeiture; and cnadts the free Sale of the fame within the fiiid Diftanccs, upon giving the Notices of nou(ingand Removal, according to the true Intent and Meaning of Scdt. 1 2 of this A(.\. Wool laid up, or lodged within ten Miles of the Sea, within the aforefaid ScO. 21, 21. Counties, may be carried to any Town, Field, or Place, where a regular and '^' '*" cAablifhed Fair fhall be held lor the Sale of Wool. Provided always that a Permit or Permits fliall be taken out, from the proper Offices, previous to the Removal of fuch Wool, fpecifying the Quantity to be removed. I'he Purchafcrs of the Wool, fold at fuch Fairs, (ball produce a Permit of the Quantities pur- chafed, to the proper Officers attending the Fair, who (lull grant a fre(h Permit for the Removal of the fame from tlic faid Fair. And the Wool, remaining iinlbld, (hall be returned to the Houfe or Place from whence it was taken ; and ihall become fubjedl and liable to the lame Rules, Reftridtions, and Laws, as it would have been, in Ca(e it had never been moved, or taken to any Fair as aforefaid. Perfons counterfeiting Certificates, Licences, or Permits, to forfeit Twenty Pounds, to any Perfon fuing for the fame. Wool, or any of the before fpccilied Woollen or Worflcd Articles, removed Sefl. 25. i* or carricti towards the Sea, within Jive Miles of the Coall, upon any Pretence whatever, between Sun-fetting and Sun-riling, (liall be forfeited ; and may be feized, together with the Horfcs, Waggon, Cart or Carriage, for the Benefit of the Perfon or Perfons feizing the fame. And the Driver or Drivers, upon Con- vidtion, (hall be committed, for one Month, to the Hon("c of Corredtion . But this Clau(e not to extend to tlie Removal of Wool (horn that Day, from the (hearing Pl.icc to the Dwelling or Siore-houle of the Farmer or Grower, although Y fuch f h! I I \ ?» fcfl. 1?. Srfl. iS, 19, JO. jl. Se.1. .U. 33 or SHIPS, owNF. Rs, Aith Removal lliill be towards the Sea and v\ithin Jhr Miles of tlic Co.i(t there, t'. Worllcd Yarn not cxci:cdinj» 14 //>. prepared for knittinnr, miy l>c carri.-d t.) r:f.»il Shops, providcil it is tlirciitcd to the Kctiiler to whom it is carrial, and iniiked acconlin;^ to th.- I)ir«r.;lions ot' th.- Ad or Ai.U of I'arli.uncnt re>juirin^ the marking iliercol. No U'lH'l, Mortliii ;s, Sliortlin;^s, WooUFloi !<^, W'orlU-d ll.iy, 01 Woollen Yarn, llull be packed up in any otlur I'aikagc othcrwile than Packs or I'liiirs of F,• Woollen, lliall be (lan.i>ed m mailed (»n the Ounide thereof with t!>e Word //W, in Liri,'«3 LiiaraCUr», not lets than tliice Inches in l-en^th; on I'orfeiturc, f>r Nc.',le>;t c)f tlie fame, of all fiuh V\ oul, ov otiier the a'orcfaid Articles, to the I'urlon or I'erfons fei/ing the fami ; aiul alio tipon l''orfciturr, by the Perfon or I'crlbns to wh.>iJi liich WiHil or other aforeiaiil Articlen ihdl b.lonp, of any Sinn or Sumi of Monev , not eMceilin;; one Shilling for every Pound Weight ol' fmli WixjI, ,>. the Court or jiiltices before whom fich Wool, or other the afbrel'aid Article4 Ihtll be conilemned, llull dircd: lint this Clanfe not tu extend to Worllcd Varii jiackeil in l'a|H;r, accoidint; to the Re.; dations of Se^t. 27. Julliccs .. e antlio- rized to order any Wool, cJi'. lii/.eil tor int beini; llaiiipcd or nurkeJ, t) be re- turned to the Owner or Owikts; bat they ihdl not in any Call", miti^jatc the Penalty below //.\/ii7/i.' for every pDuml VNeight. Wool or other the af'orelaid Woollen or Worileil Articles, not bcin:^ packed according,' to the Regulations i>\ tlu> Acf, ihall l>e forfeited, together with a Penalty iAtliic- Shillings ibr every Pound Weight. And Perlbns packitig Wool, iic. contrary to this Act, or alblhiiK tlicrein, iball be lubje-it and liable to all the Penalties incurred by Exporters of Wool, and the otiier Articles prohibited to be c.vpt)rfed. IJut Perl'uns allilling in Inch illegal Package, giving Infor- matiiMi of the Maller-Packer.s, or Mailer -Packers tlifcovering their Employers, lli.iU be entitled to the Wool, c>... fo lii/cd and condemned j and the limploycrs' alone llull be liable t.) the Penalties on I Exporters of Wool. And wbuvas ga-at (^lantiiies of Wool are fVeijuently lying at the ptiblick Wharfs in iliticient Ports of (iniit-liridtin, which Wool being muler no Con- trol of the I'omniillioners of the C ullom.s, or their Otlicers, e\ il difpofeil Per- lbns may, in the Nij;bt-time, put the lame on board Nelkls rc-ady for failing to foreign Pait^; and all'> in n\any lafes, where Wixjl is regularly entered t(j be put vn board N'cllels bound Loaihvays, it ib eafy to put on board fuch Vell'els in the Night-time, a larger Numl)er of Packs of VVik)1 than have been duly entered for lliat l'ur|>(ile, aiul which, by Iving concealed under fuch Packs as have been didy e.itcred, caniuit calily be ilifcovereil, and which Wo<)l may, after the laid Ships have proceeded fome Way on their intended N'oyages, be put on board other Wliels bound to foreign Parts ; tor Remedy thereof, it is etuclted, that e\ery Perfon or Perlbns wlio ihall keep any Wharf fi)r the Reeejnion of \\'i(,!, in or at any J'ort cf'dn-U-Jirif.n'n, iball enter into a Bond to the Via if the King's Majelly, his Heirs and SuccelU)rs, under the Penalty of fu-j Jl.ou/nJ I'ouNih, not to ibip any W(x)l illegally; and to keep a regular Entry and Account of the (.^lantity of liugs or Clothe of Wool by them received and delivered; with the 'lime when, and the Names and Refidence of the Petlbns from wluin fuch V\'ciol was fi) icceived; and to whom llich Wool was fo delivered, with the Marks and Numbers upon the Sheets, and the Weight of fuch W(j(j1 ; a Copy of whieli Account ihall be delivered to the principal t)llicers of the Culloms, at the Port at which fuch Wharfingers llull leiide, at the liiid of every //.v Months, and ollener, if the lame Iball be leipiireil by fuch OtHcers. And if any Wharfinger fhall refufe to enter into fuch Bond, withiny/.v Months after the palling of this Adl, or heieafter withii- one Month of any Perlbn or Perfo'is beginning to keep any fuch Wharf, they fhall I'orleit and pay the Sum of Two Huiutnd Pounils , to the Perfon or Perlbns who ihall luj for the fame; and in Cafe fuch Wharfinger or Wharfingers fhall lelule \.o keep and deliver tlic Accounts above required to be kept and delivered, or llull be coiividted of CAPTAINS, A N n SAILORS. h rf ktcpinj; or ilclivcrini; a falfc Account, every Aith Wharfinger (hall, for every liich OtFenci-, Jorfiit and \\iy the Sum dt' hi/fy Poioit.'s, to he p.iiii to the I'eiliin or I'erlitns luini; I'nr the l.ime i aiui (he Intormcrs a^'.iiiiil Wharl'inj^ers ihippiii^' VVt)Ol ille{;ally (li.ill, n[>(ii tlitir CoiiviiJion, he intitled to {■'wfy J'oui.i/t, tor every (.)t^'eiuler. Whailin^eis (hall ;;ive an acioiint to tlie proptr Otikcr, of any Wool reieiveii hy lanil Carria^^e, or inland Navigation, within Ji-vtn IJays after the Receipt thereof, umkr a Penalty of 'Ten I'cumls for every Nej,'ledh And the hctter to prevent any fraudulent F.vjwrtation of Wool, or any of the ScO. j^. before mentioned W(H)||cn or WorlUd Articles piohihited hy this Adl, to he exported, under the Pretence of carryin;; the fiine (.'oalluilL: in the ivinj.'dnni of (iriiit-litUiii/i; no VVool nor any of the fiiil Arlidi^ lliall he [>ut on h.ianl any Ship, V'elJtl, or Ho.it, to be carried C'oalU^ili-, or trcin one Port lo another, unlefi Notice l>e full i.;iven to the C'ominillloners or chi>'f Manai'ir.s ot the C'ullonis, or to the t'uilomer, or C'olleiftiir .mil t'oniptiollcr of the I I'Uonis, at the Port from which the fwne is intended to be lent, of the (Jj^i.iitity, Cj^i.dity, and P.ickaj';e, tojjtiher with the Marks, Niniihci', and Weight thereof, with the Nanteof tiie Ship, and Malkr or Commander, on bond of wliicii luch (mkkI-. are *o hi. laden, together with the Naiiu or N inies of the ()\sneror (Owners of the liiid (ioods, and ihL' Place of his or tluir Ahoilc or Habitation, and the Place aiul I'ort at whii h the fame are intended to be landed, and the Name of the Perlon or Per- fons to whom the lame are conligned ; and alfo unlets a l3ond bj firtl entered into to the IJlc of the Kin^^'s ^llie(ly, his Heirs and Succelliirs, by two i,'ood and I'lithcient Perf)!)-, in treble the Value of the laid (lOods fo intended to be carried Coaftwiii;, that the fame ihall (the Danger of the Seas cxcepteii) be landed accor(lin[;ly which laid Hond (hall be executed by the Owner or Owners of the laid (Joods, or lome Pcrli)n or Perfons by him, her, or them, appointeil to execute the lame, and which Execution lliall be deemed to be the .\>^t of Inch Owner or Owners, or Shipjier or Siiippers thereof; which faiil Shipper or Shippers, if adting as Agent, or having Ibid fuch (nxds to any Pcrfon or Pcrfons, lliall and may fuc for and recover, of or from the Proprietor or Proprietors of th« (Jotiis U) ihipped, all fuch Sum and Sums of Money as Inch ShipjK;r or Ship- pers ill. '.II or m.iy pay, ex[>end, or be put unto, without their willul Ucfiult or Ne.;li^;ence, for or by Re.ifon of his, her, or their entering into fuch liond or lioiulh; and in Cafe any inch Bond or liond.s I hall be fo entered into for any W(x>l, or any other the .\rticles aforef.dd, being the Prj|)erty of dirt'erent Perfous, tiien fiiih 0\vMer or Owners, or I'cilim or Pcrfons for whole account fuc!i lk)iid was fo entered into, (lull be account;',bie for Iii<, her, or their .sh.ire of the Money fo expended, in P.oportion to the Amount ofliaii (joods fo (hipped; and alfo unUls a Licence be firrt t.iken out under the Hands of tlie Commillioners or chief Managers of the Culloms lur the 1 ime being, or any three of them, or from the Culloincr, or Collcvlor and Comptroller of the Culloms where any fuch Honil was given, fur the lading, carrying, and lamling thereof", as afore- faid, which Licence they are hereby required to grant without any Fee or Re- ward, or any other Charge, to the Pcrfon demanding tJie fame. And if any Wool, (sc. be not Ihippcd to be carried CoalVwife according to the Dirciltions of this Acl, it (hall be forfeited, together with the Ship, Vellel or Uoat, and all the Gunf, Ainniunition, Tackle, Apparel, and Furniture belonging there- unto. Wool, the Produce of any of the IJlands oi Scot hint! , may be carried from oneStfl. 15 Part to another of the Lochs, or from the IjLiiuh, to the main Land oi ocotiiinil; and lliall not be lubjcCl to the Kelkiiltions and Regulations contiined in the fore- going Sections of this t\t\, refpecting the carrying of Woul Coaftwife. Provi- ded always that this Exemption (liall not authorile the carrying fuch Wool, and other the aforeliiid recited Articles to open Sea, but under fuch Rertric- tions and Regulations as arc herein for that Purpole mentioned and cxprelfed. The Cullomer, or Colleiilor and Comptroller of his M.ijeily's Cufloms at the SeB. \b. Port where any Wool, Off. is ihipped to be carried Coallwilc;, lhall, immediately on the Clearance of fuch Ship at Inch Port, tranlinit a Notice in Writing, ("ettiiig forth the Ciu'ntity, Quality, and Pack.ige of fuch Wool,, cfi'. together with '••mHnnpiwiimaniwa '> IMAGE EVALUATION TEST TARGET (MT-3) ^'^-^ 4fei 1.0 I.I Ik US 2.0 1.8 L25 U ||L6 < 6" ► Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 f\ Q V ^ "^.•^ SiS I i 84 OF SHIPS, OWNERS, the Marks and Numbers thereof, the Name of the Ship, and of the Mafter or Commander thereof, to the Cuftomer, or Colledtor and Comptroller of the Cufloms at thie Port to which fuch Wool, &c. are intended to be conveyed t under the Penalty often Pounds, to be paid by the Officer neglecting to tranfmit fuch Notice, to :the Perfon who fhall inform againft fuch Officer. And the Bonds herein-before directed to be given, on Hiipping the faid Wool and other Articles aforefaid, fhall not be difcnarged until a Certificate under the Hand and Seal of the Cuftomer, or ColleAor and Comptroller of the Port or Place in Great- Britain where the fame was landed, Ihall be produced to and left with the Perfon or Perfons in whofe PoiTeffion fuch Bond mall be kept at the Cuftom houfe of the Port from whence the faid Wool and other Article* were Hiipped. And the proper Officer at the Port of landing is to tranfmit fuch Certificate within /even bays, after the landing thereof, to the proper Officer at the Port from whence tney were fhipped, under the Penalty of ten Pounds, to be paid by the Officer negledting to tranfinit the fame, to the Perfon or Perfons informing againft him. Thfe Colledor or Comptroller of the Cuftoms at the Port, where uich Wool &c. is duly landed, umll grant and deliver another Certificate to the Mafter or Commander of the Ship from which the fame ftiail be landed. If Bonds are not difcharged within fix Months, they (liall be fent to the Commiffioners of the Cuftoms; and if Wool, &c. fhipped at any Port, fhall not be landed at the Place to which it is configned within a reafonable Time, Notice thereof (hall be tranfmitted to the Officers of the Cuftoms at the Port where it was fhipped, who fhall make proper Enquiries without Delay, in what Manner the faid Wool or other Articles have been difpofed of. Sttk. 37, ji, No Wool, Or any other the faid herein before enumerated Articles, Fullers Earth, 39» 40. Fulling Clay, or Tobacco-pipe Clay, fhall be fliipped on board any Ship of VefTel bound to Parts beyond the Seas, on any Pretence whatfoeverj under the Penalty of Forfeiture, for the Benefit of thf Terfon or Perfons who fhall inform thereof, of all fuch Goods, and alfo of fuch Ship, VefTel, Bottom or Boat, on ^hich fuch Goods fhall be fo hden, or put on board, and all the Guns, Ammu* liition. Tackle, Apparel, and Furniture thereunto belonging. And, moreover, the Mafter or Commander of fuch Ship or Veffel, &c. fhall, in fuch Cafe, be deemed the Exporter thereof, and fhall be fubjedl and liable to the Pains and Penalties in fuch Cafe made and provided; unlefs fuch Mafter or Commander fhall and do, immediately upon his being apprehended, difcover and make known the Perfon or Perfons who adiially fhipped fuch Goods, and enter into a Recog- nizance with two fufficient Sureties, before foni e Juftice of the Peace for the County, City, Borough, or Place, in or at which fuch laft mentioned Goods fhall be difcovered, to profecute and give Evidence againft fuch Shipper, fo as he may be convidted thereof. Mafters of VelTels not regularly clearing out for Foreign Ports, as well s all Perfons on board, privy to any illicit Tranfadion againft this Adl, fhall be liable to all the Pains and Penalties of Exporters of Wool, &c. But any Perfon on board, except the Mafter, immediately on his, or her being apprehended giving Information thereof, fo as the Mafter may be convifted, fhall be intitled to a Reward of Forty Pounds, and fhall not be liable to the Pains and Penalties he or fhe would otherwife have incurred. Mafters of Ships, &c. and Drivers of Carts, G?f . fhall be exempt from Punifh- ment, or Forfeiture of their VelTels, Carts and Horfes, if it is proved, from the Smallnefs of the Quantity that they were not privy to Wool, &c. being on board, or in fuch Carriages, Off. But the Wool, &c. fo found on board, or laden on fuch Carriages, or B^s of Burthen, fhall be forfeited to the Perfon or Perfons who fhail find, difcover, and fcize the fame. t«A. 41. The Officers of the Cuftoms, at all the Ports in Great-Britain, fhall keep a Re* gifter of all Wool, &c. fent Coaftwife, and tranfmit a Copy thereof Hr.lf-ycarly to the Commiffioners of the Cuftoms at London; where the Regiftcr may bo inf^iedbd by any Perfon or Perfons whomibever, on paying one Sliiliing, anJ Co- pies fhall be tranfmitted annually to all the Cuftom-houfe: in the Kingdom, whet^ th*7 may be examined for the fame Fee. > '!.- i: ;»» Jf CAPTAINS AND SAILORS. 8^ If Wool fliipped to be carried Coaftwife, be unpacked on board, the MaflerSffl. 42. of the Veflel mall forfeit Forty Shillings for every Bag fo unpacked, unlefs he makes Oa*h before a Juftice of Peace, upon his Arrival at the delivering Port, that it was done from abfolute Neceffity. ' Wool to be carried Coaftwife ftiall be fliipped and landed in the Prefence of anSeft. 43, 4^. Officer at the rcfpedtive Ports, and at lawful Quays ; under the Penalty of For- feiture of the Wool, and Payment of three Shillings for every Pound Weight. Cocquets and Certificates for carrying the faidWool, &c. Coaftwife, to be written on Paper, and not Parchment, and figned by three or more of the chief Officers of tlie Ports of fliippi ng and landing, and the exaft Weight of the Wool (weighed . . .. ., in their Prefence) ftiall be exprelfcd therein, together with the Marks, Num- ■ bcrs, Gff . ' Perfons infuring the Conveyance of Sheep, Wool, or other the before enume- Sefl. 45, 46^ rated Articles, to foreign Parts, are liable to the fame Penalties as the Expoi ters. *'' ***' Pcrfons paying for fuch Infurances are liable to the like Penalties, and to forfeit . the Articles infured, to the Perfon or Perfons who ftiall fue for the fame. Any Perlbn concerned in fuch Infurance, upon giving Information to the Commiffion- ers of the Cuftoms, fliall be acquitted of '.he Offence, and ftoall have the Sheep, Wool, (Sc. fo infured, for their owii Ufe and Benefit. Alfo, if the Informant be infured, he fliall receive back his Infurance Money or Premium, provided the Information within the Space of fix Infurances arc declared to be null and firft Difcoverer, and gives And the Policies of fuch he is the Months. void. It fliall be lawful for the Mafter, or Commander, or any other commiflioned Sefl. 413", 50. or deputed Officer of any of his Majefty's Ships or Sloops, in any Port, Creek, or Road, or in the open Seas, within the Limits of the Station which ftiall be affigned to any fuch Sliips or Sloops, and he is hereby required to enter and fearch, or caufe to be entered and fearcned, any Ship, Veflel or Boat; and if upon fuch Search any Sheep, Wool, or any other of the faid Articles hereby prohibited to be exported, fliall be found therein, and the Mafter or Commander of fuch Ship, Veflel or Boat, ftiall not immediately produce a lawful Coc yjot or War- rant, licenfing fuch Articles to be carried Coaftwife, or to the aforefaid IJles, or feme of them, fuch Commander is hereby direded to take and fcizc fuch Ship, Veflel or Boat, and to carry the liime, together with the Crew and Cargo thereof , > into fomc Port in Great-Britain, and there deliver the fame into the Cuftody of the Collector and Comptroller of fuch Port. And all the Wool, and other the faid Articles, fo found and feized, fliall be lodged in the King's Warehoufe in fuch Port, into which the fame fliall be brought, and condemned according to Law, and being fo condemned fliall be publickly expofed to Sale, aittr fixty Days publick Notice being given in writing at the Cuftom-houfe of the faid Port, and on the 'Royal Exchange of London, by Inch of Candle, to the laft and beft Bidder; and fuch Ships, Veflels or Boats, that fliall be fo feized, and which are hereby declared to be forfeited, and which fliall be condemned as aforefaid, fliall, together with all their Guns, Tackle, Furniture and Apparel, be expofed to Sale in like Manner; and the Produce of the faid Sales, after dedudting the Expences of the Profecution and Coridem- - nation, ftiall be divided in Manner following; that is to lay, one third Vz.vi thereof to the Commander or Commanders, one Third to the OtHcers of the Ship or Ships, Sloop or Sloops, that took the fame, and the remaining third Part to the Mariners belonging to fuch Ships, &c. to be equally divided and paid amongft the faid Mariners by the Colleftors of the faid Port, or fuch Perfon or Perfons as ftiall be authorifed to pay the fame ; and if fuch Seizure ftiall be made upon the Information of any Perfon or Perfons, not being a Mariner onboard fuch Ships or Sloops, fo appointed to cruize and fearch, fuch Informer or Informers fliall not only be indemnified from the Pains, Penalties, and Forfeitures, to which Exporters of tlie aforefaid prohibited Articles, their Aiders and Abettors, liable, but fhall alfn receive one Third of the Produce of fuch Sales, and are the Refiduc reded. tliereof fhall be divided and diftributed in Mannt^r as is before di< If Every ! lit Si O F S H I P S, O W N E R S, S*a. it, livery Comtriander of fuch Ship or Sloop, ncglefting his Duty by this Ad re- quired, (hall lofe and forfeit all Pay and Wages due to him, and fuffer fix Montha Imprifonment; and be for ever incapable of ferving his Majcfty in any Office in the Navy, Cuftoms, Excifc, or Salt Duties; and any Perfon or Pcrfons giving Information againH: :>ny fuch Commander for negledting his Duty, Ihall, on the ConvifHon of fuch Offender, be entitled to receive the Sum of Forty Pounds, to be paid to fuch Informer or Informers immediately after fuch Conviftion, by the Commiflioners of the Cuftoms, Excifc, or Salt Duties, or other of his Majefty's Revenue Officers. Sefl. 5», S3. In Order to prevent collufive Seizures and Agreements and fraudulent Prafticcs, it (hall not be lawful for any Perfon or Perlons, (exc<;pt an Ofttc».r of his M-.ijef- ty's Cuftoms, Excife, or Salt Duties) who ihall have Caufe to fufpeifl that any Sheep, Wool, or any of the before enumerated Articles, is or are carrying or con- veying contrary to the Direiftions and true Intent and Meaning of this Adt, to examine or feize fuch Sheep, Wool, &c. other than together and in Company with a Conftable, or other Officer of the Peace, who are hereby required, on Application being made to him or them, immediately to attend the Perforl or Perfons applying for fuch Affiftance. And in Call; any fucli Conftable or other Peace-officer, upon Application made to hi.n for th;;t Purpofc, (hall negled: or refu(e to attend any Perfon or Perfons making fuch Application, every fuch Con- ftable or other Peace-Officer, upon Convidion thereof, (hall forfeit and pay the Sum of Ttoetity Pounds, one Moiety thereof (hall go to the Peribn or Perfons fuing for the fame, and the other to tlie Poor of the Pariih or Place where the Oftence /hall have been committed. Scft. 54. And to prevent any Difpute relating to the Authority of any Perfon or Per- fons, a(fling as an OfUctv or Officers of the Cuftoms, Excil'e, or Salt Duties, in this Kingdom, for putting in Execution this ASt; be it further enadled^ that every Perfon who, by Deputation, Commiffion, or other Inftrument, under the Hands and Seals of the Commiflioners of the Cuftoms, Excife, or Salt Du- ties, in this Kingdom, or the lilcs aforefaid rcfpedlivcly, (liall be appointed to aft as an Officer or Ser\'ant under them, for putting this Aft in Execution, (hall be efteemed in Officer of the Cuftoms, Excife, or Salt Duties refpeftively, to all Intents and Purpofes whatfoever. $in, jj, If any Officer of^ the Revenue, or any other Perfon or Perfons, (hall, direftly or indireftly, make any collu(ive Seizure, or Information of any of the aforefaid Articles hereby prohibited from being exported ; or any fraudulent or collufive Agreement wliatfoever, whereby the Owner or Claimer thereof, their Agents or Servants, or any Offender or Offenders againft this Aft, may avoid the For- feitves. Penalties, and Puni(hments, or any Part thereof incurred or inBifted by this Aft ; he, (he, and they (hall, upon Conviftion, be fubjeft to the like Penalties as are herein-before direfted to be incurred by the Exporter of Wool,i &c. And Perfons not concerned in fijch collufive Scifures or Agreements, who (hall Jirji make a difcovcry thereof to the Commiffioners of the Cuftoms, (hall be entitled to the Benefit arifing from the Proceedings had thereon. And any Perfon aftually concerned in fuch collufive Seizures or Agreements, who (hall firji difcover his Offence to the Commiflioners of the Cuftoms, wi»hin three Months after the (aid Offence (hall have been committed, and fo as oi e or more of hit Accomplices therein be conviftcd thereof, (hall not only be acquitted and difcharged thereof, but (hall, as a further Encouragement, have and receive theJ Sum of Forty Pounds to be paid by the Commiffioners of the Cuftoms on the Conviftion of fuch Offender or Offenders j provided always that fuch Informer or Informers be not an Officer of his Majefty's Revenue, or Owner of the Goods. Sift. j6, J7. Per(bn8 oppofing any Per(bn or Perfons putting this Aft in Execution, and obftrufting, molefting, wounding or beating them, or going difgulfed and armed with ofitnfive Arms or Weapons, and attempting to hinder the Seizure of Sheep, V/ool, (Sc. carrying towards the Ccofts, or aftually put on hoard any Sliip, Veffel, or Boat, to be exported contrary to the Intent and true Meaning of this Aft J or who fliall rcfcue, or attempt to refcue, Sheep, Wool, ^c. which (halJ havx- been feized according to the Dircftions of tliis Aft, by Ni;^lu or by Day, by 3 • Land and |ieep, |Ship, this hav-e by [Land Captains, AND SAILORS. • 87 Land or by Water, ftiallj on Conviction of any fuch Oftences, be fentenced by the Court before whom they fliall be tried, to be tranfj orted to feme Place beyond the Seas, for fucH Term or Terms as fuch 'Court (hall think fit, not exceeding Seven Tears j and if any fuch Oflfrnder or Offenders (liall return into Great- Britain before the Expiration of the Tenn for which they were tranfported, upon Convidtion thereof, they fliall fuffer Death as Felons. Perfons offering, or promifine Bribes to Culloni-houfe Officers, or other Per- SeS- j;, %%, fons, to connive at, or permit the Exportation or the Concealment of any Sheep, Wool, Qfr. or the Removal thereof, contrary to the Direftions of this Adt, fhall forfeit and pay the Sum of Three Hundred Pounds, to be recovered and applied to the Ufe of him, her, or them, who fhall inform or file for the fame, by Adtion of Debt, Bill, Plaint, or Information in any of liis Majcfly's Courts of Record, at Wejiminjier> Officers of^ the Cufloms, Excife, and Salt Dutie!^, negledling the Duty by this Adt required, or compounding for any Ship, Veffel, or Boat, which are by this Adt diredted to be forfeited, fhall be deemed Aiders and Abettors in the Exportation of Sheep, Wool, Gff . and fhall fuffer the Punifhment herein enadled againft the Exporters thereof. Bonds taken, or to oe taken, in Purfuance of this Adl, fhall not be charge- s«a. 59. able with any of the Duties upon flamped Vellum, Parchment, or Paper j any Law or Statute made, or to be made, to the contrary notwithflanding. In all Profecutions for Offences committed againfl this Adl, the Proof that Sefl. 60, 61, the Sheep, Wool, Gfc are not of the Breed, Growth, and Produce of this King- ^*' 63.«'*4- dom, fhall lie upon the Defendant or Defendants. Profecutions upon this, of upon the faid recited AdVs of 9 and i o oi William III. may be commenced in any of his Majefly's Courts of Record at Wefiminjler ; or in the Court of Exchequer in Scotland; or in any Court of Oyer and Terminer t Grcat-SefTion, or Gaol-Delivery ; or at the Quarter- Seffion of the Peace j or before any two Juflices of the Peace for any County, City, or Place, in the Kingdom, in a fummary Way, at the Eledbion of the Seizer or Informer. But no Profecution or Information fhall be had, commenced, or proceeded upon, before any two Juflices of the Peace, in a fummary Way, where the Seizure, Penalty, or Forfeiture, then claimed, fhall exceed in the whole the Sum of Tivo Hundred Pounds. JufHces affembled at any Quarter- Seffion, and Mfo fuch aforefaid two Juflices bf the Peace, are empowered to order all fuch Ships, Veffels, Goods, Carriages, and Cattle, as fhall be by them declared to be forfeited, and which fhall have been feizcd by Virti vi of this, or the faid recited Adls, to be publickly fold to the highefl Bidder j ana fhall bjr their Warrant or Order levy the Penalties and For- feitures incurred by any Offender or Offenders againfl this Adl, by Diflrefs and Sale of the Goods and Chattels of fuch Offender or Offenders. One clear Moiety of the Seizures, Penalties, and Forfeitures (except the Penal- tics of the Bonds) by this Adl diredled to be inflidled upon Ofienders againfl the "fame (except fuch as are by this Adl otherwife diredled and applied) fhall, when recovered, be paid and applied to fuch Perfon or Perfons who fhall give fuch Information to any Officer of his Majefty's Cufloms, Excife, or Salt Duties, as may be the Means of recovering the fame ; and after dedudling tlie Expences of recovering fuch Penalties, the Remainder of the other Moiety fhall be paid to • the Of^cer or Officers affifling in making any fuch Seizures j but in Cafe any Officer or Officers of his Majef^'s Cufloms, Excife, or Salt Duties, fhall make any of the Seizures herein-bdfore diredled, without Information, then after dedudlmg the Expences of Recovery, the Remainder of fuch Produce fhall be jpaid to the Officer or Officers feizing the fame. It fliall and may be lawful for all Officers of his Majefly's Cufloms, &c. a^ g. 55 Conflables and other Officers of the Peace ; and all Perfons adling in tlieir, or '' ' any of their Aid and Afliflance, to flop, arrefl, and deuin all and every' the Perfon or Perfons who fhall be found adlually exporting, or attempting to export any Sheep, Wool, fiff. or who fhall be aiding, abetting, or alfifling in fhe ex- porting, or attempting to export the fame -, and him, her, and them, to carry and convey before one of his Majefly's Juflices of the Peace, near to the Place where •• -v., . .' the 83 OF SHIPS, OWNERS, Sea. SeA. 7«« 69, 70, 'I the Offence fliall be committed ; and the JufUce or Juftices, if he, or they Tee Caufe, fliall commit the Perfon or Perfons fo brought before him or them, to the County Gaol or Houfe of Corredlion, until the next General Qjiarter-Sctrions of the Peace, then to be trier* and dealt with as by this Aft is directed. Perfons, conveying Offends 1 fo arrefted before Juftices of the Peace, fliall enter into Recognizances, in the Sum of Forty Pounds to appear, and profecute them at the next Quarter-Seflions. 67. C8. In Cafe the Goods and Chattels of Offenders arc not fufficicnt to pay the Penalties incurred, Juftices of the Peace may commit fuch Offenders- to the: Common Goal, or Houfe of Corrcdlion of the County or Place where the Offence was committed, for three Months, unlefs the whole of the Penalty ftiuU be fooner paid. But if an Offender before his Commitment to Prifon can find two fufficicnt Sureties for the Payment of the Penalty, he fliall be admitted to Bail j and in Cafe of Non-payment at the Time ftipulated, the Offender and his Sureties, fliall, and may be lawfully committed to the common Gaol, for the fame Term of three Months, or till the Penalty and Cofts be paid. Appeals may be made from the Decifions of any Juftice or Juftices of the Peace, to the Quarf- Seffions, if the Offender gives Notice in Writing to the Informer of fuch Appeal, and enters himfelf with two fuflicient Sureties into Recogni- zances to appear and profecute fuch Appea3> and to abide by the Decifion of fuch •"y Court; and in Cafe the Judgement, Determination, )r Convidtion fo appealed ,, ^ againft, fliall be affirmed, he fliall pay double Cofts, to be afcertained by Order of the fame Court. Upon every Information to be made under this Aft, upon Oath, Juftices of the Peace are empowered to fummoii and examine Witneffes, who arc hereby required to attend and give Evidence accordingly. Seel. 74, 73. All Adtions and Informations, which fliall be commenced in Virtue of this Adl in any of his Majcfty's Courts of Record, ftiaU be tried by a Jury of good and lawful Freeholders, to be fummoned out of any other County than that wherein the Fadl fliall have been committed. All Profecutions for Offence againft this AA to be commenced within the Spacte of three Years next enfuing the Offence committed. The firft three Perfons w!(io have actually been cOncernied in Exporting of Sheep, Wool, or any of the Articles before recited, who, after their Return into the Kingdom of Great-Britain^ or;within three Months after their Know- ledge thereof, fliall give Information to any Juftice of the Peace, whereby the Punifliment and Penalties of this Adt may be inflidled or recovered, fliall be exempt from the Penalties' and Punifliments they had incurred by aiding and abetting fuch Exportations ^ provided 'always, tliat the Parties making fuch Difcovery are not Qwiiers of tl)e Sheep, Wool, or otlier Articles that have been exported. Owners of Ships or Veflel^, and the Maftcrs, Commanders, or Mari- ners, who have been aiding or afllfting in loading any Ship, Veffel, or Boat, knowing of fuch Exportation, who upon their Return fliall give the firft Infor* mation thereof to the Barons of the Exchequer, or to the head Officer of any Port where they fliall firft arrive, or to SMiy Juftiqe or Juftices of the Peace, upo:^ Oath} and fliall further enter into Recognizances in the Sum of Forty Pounds each, with two fufficicnt Sureties, perfonally to appear and give Evidence of the fame ; then fuch Owners, Mafters, Commanders, and Mariners fliall not be liable to the Penalties or Forfeitures i|i this AdV j but fliall be, and arc hereby enabled to recover and receive fuch Benefit and Advantage as is appointed to be received and allowed by this Adl, on Convidtion of fuch Offenders. ' And whereas an Adt of Parliament was paffed in the twenty -third Year of the Reign of King Henry the Eighth ; " For the winding of Wool-" whereby it was enaftedj that " from - thencetbrth no Manner of rPerfbn or Perfons do wind, or " caufe to be wound, any Fleece of Wool being riot fufficjently rivered or waflied j •' nor wind, nor caufe to be wound, within any Fleece, Clay, Lead, Stone, Sand, " Tails, dece tful Lotkis, Cots, Cols, Comber, Lamb's Wool, or any other " Thing, whereby the Fleece might be made more weighty, to the Deceit and ** Lofs of the Buyer, up6ri Pain, the Seller. of any fuch deceitful Wools to forfeit " for every fuch Fleece, Six-pence, the one Moiety, to the Kinji;, the other to the 4 " Fiiiucr SeA. yt. Sea. 79. CAPTAINS, AND SAILORS. 6^ '' Finder and Prover of fuch Deceit." And it was provided in and by the faid A(il, that " tlie fame Aft concerning rivering and wartiing of any Wool, fliould " not in any wife extend to any bhire or Shires, the Inhabitants whereof had " not cuftoinably ufed before that Time, to river or waHi their Sheep afore they " were (horn, nor (hould in any wife be hurtful or prejudicial to any Perfon or " Perfons that had ufed cuftomably to fell their Wool by Tale or Number of the " Fleeces, and not by Weight ; any Thing in the faid Adt to the contrary not- " withilanding." Which faid Statute was made perpetual in and by another Aft of Parliament, paffed in the Thirteenth Tear of Queen Elizabeth, intituled, " uin A5i for reviving and Continunnce of certain Statutes; and whereas the " faid laws have not now the good Effcfts thereby propofcd and intended, by " Reafon of tlie faid Penalty being fo fmall, and one Moiety thereof being " direfted to be paid to the King, and the great Expence attending the recovery " of the fame ;" be it therefore enafted, that from and after the parting this Aft, every Perfon and Perfons offending againft the faid lafl-mentioned Afts, (hall, in Lieu of every Six-pence, which by the faid Afts, or either of them, might be recovered, forfeit and pay the Sum of tivo Shillings, the whole whereof (hall be paid to the Fitider or Prover of the above-mentioned Deceits ; and the Offences againft the faid Afts, or either of tliem, from henceforth (hall and may be pro- ceeded upon, heard, and determined by and before any one Juftice of the Pjace, reliding at or near the Place where fuch Offence or Offences (hall be committed, in a fummary Way j and fuch faid Juftice of the Peace (hall be, and he is hereby empowered to caufe the refpeftive Perfon or Perfons, againft whom any fuch Information (hall be laid, to be fummoned at a certain Time and Place to be fixed by fuch Juftice, and he is hereby authorifed, empowered, and required, upon the Appearance or Default of fuch Perfon or Perfons, to examine into, and give Judgement in the Premifcs. Juftices are empowered to difcharge ill founded Complaints, if it appears to their Seft. 80. si,' fatisfaftion, that no Fraud was intended j but that the Clay, Sand, or Earth, and 81. found on the Fleeces, became mixed or conncfted with the fame, by Reafon of the neceffary pafturing, folding, or keeping of the Sheep, fubfequent to the river- ing or wafliing of them. The Penalties incurred for, or in Refpeft of, the falfe winding of Wool, or the felling or difpofing thereof, if not paid within three Days after Conviftion, (hall be levied by Diftrefs, by Warrants under the Hands and Seals of the Juftice? Perfons complained of for felling Wool, deceitfully wound, may, if it was done without their Privity, require the Appearance of the Perfon or Perfons who wound the fame, before the Juftices, who (hall determine, with whom the Offence lies, and aft accordingly. Perfons, thinking themfelves aggrieved by the Decifion of any Juftice of the Sefl. 83. 84. Peace, may appeal to the next Quarter-Seffions of the Peace. But no Conviftion (hall be fet afide for Want of Form, or through the miftating of any Faft, Cir- cumftance, or other Matter whatfoever j provided the material Fafts alledged in fuch Conviftion, or Judgement, and upon which the fame (hall be grounded, be proved to the Satisfaftion of the Court. And whereas by an Aft of Parliament paffed in the Twenty -feventh Year of King Sefl. 85. i6i^ Edward the Third, intituled, " The Officers of the Staple and Merchants repairing to it, fliall hcfworn to maintain the Staple and the Laws and Cujloms of it," it was ordained, that a certain Number of Winders of Wool, and other Officers therein mentioned, be fufficiently ordained for the Place where the Staple is, and they and the Correftors, and all Manner of Officers of the Staple, befides the Con- ftables, fliall be fworn before the Mayor of the Staple, that they lawfully (hall execute their Office, without Fraud or Deceit : And whereas all Winders, now to be fworn, do repair to the Mayor of the Staple at iVeJlminJier, for the Purpofe of being fo fworn, whereby tlie Perfons fo dcfirous of being fworn are fubjefted to great Expence and Inconvenience j be it therefore enafted, that it fhall and may be lawful for the Juftices of the Peace, who fhall hereafter be affembled at any General Quarter-Seffions of the Peace, within the Kingdom of Great-Britain, or any Adjournment thereof, and they are hereby empowered and required to adminifter to every fuch Perfon as Ihall be defirous of becoming a Sworn Winder of Wool, A a and • lii |4 OF SHIPS, OWNERS, and (hall produce a Certificate under the Hands of any two Growers of Wool, tertifying to the Satisfaftion offuch Juftices, thatfuch Perfon is properly qualified to become a Sworn Winder of Wool, an Oath to the following Purport and Effect ; that is to fay, I A. B. do f ear that I -will trudy and jujlly, icithout Deceit, ivind and fold all and Jingular the Wool which IJfjall take upon me to wind and fhld, with- out leaving or putting any Clay, Lead, Stones, Sand, Tails, deceitful Locks, Lamb's IVool, or any other Thing, whereby the Fleece may be made more weigh- ty, to the Dect it and Lofs of the Buyer ; and that I will not uj'e any other De- ceit, Craft, Guile, or Fraud, in the winding or foldint; of any fuch afore fai.l Wool. ' So 'help me OOD. " An Entry of the adminiftering and taking of which Oath fhall be made in the Records of the faid Seflion, and a Certificate thereof ihall be delivered by the Clerk of the Peace, or other proper Officer, to the Perfon or Penbns who lliall have taken the fame. Provided always, and be it enaftcd j that nothing • herein contained fliall be conftrued to hinder or prevent any one from employing any Perfon in winding or folding of Wool, although fuch Perfon or Perfons llull not have been fworn in Manner before mentioned. Seft. 87, 88. No Profecution fhall be commenced for any Offences committed againft any Adts now in Force, before the yi>// Day of My, 1788. And a general Pardon is hereby extended to all Perfons in Prifon, and Fugitives beyond the Seus, for former Offences. Alfo his Majefty's Share of Fines now due, or v.hich may become due in any Profecution now pending, fliall be remitted ; and all Perfons againft whom any Procefs of Outlawry hath been fuedout, for the Matters afore- faid, may be at Liberty to apply, by Motion, to the Court out of which fuch Procefs iffued, to fet afide, or reverie the fame. Seft. gj, go. If any Perfon or Perfons, who fliall claim the Benefit of this A6V, fliall com- mence any Profecution againft any Officer of his Majefly's Cullom?, Excife, or Salt Duties, or againft any Perlbn or Perfons, who (h ' " ^ve been aiding and affifting them, for any Matter or Thing done by them, fon of any Oflcnce committed by the Perfons claiming the Benefit of tl j the OfHcers or other Perfons fo profecuted may plead the general lifue, _..a give the fpccial Mat- ter in Evidence; and fliall recover Cofls of Suit againfl the Perfon or Perfons fo bringing or commencing fuch Adlion or Profecution. But, Nothing in this Adt fliall be conftrued to extend to the Difcharge or Rcleafe of any Seizures of Sheep, Wool, &c. or of any Ships, VefTels, Boats, Horfe^, Waggons, Carts, &c. under any Aft or Adls of Parliament now in force againft tlie Exportation of live Sheep, Wool, and the other before enumerated Articles; nor to the Difcharge and Releafe or Acquittal of any P'incs which have been aftually levied, or may become due in Confequence of any Suit now depending, to any Offi- cer or other Perfon fuing for the fame under the Diredions of^ the faid Ad or Adts. S«ft-9«' Any Adtion, Suit, or Information, that fliall be commenced, brought and pro- fecuted on Account of the Seizure of any Sheep, Wool, cJc-. or of any Ship, Veflel, Boat, Cart, Waggon, &c. or for any Matter, Caufe, or Tiling done, or executed by Virtue of this Adt, or any Claufe or Article herein contained; fhall be commenced within fix Months after the Fadl, and not afterwards ; and fliall be laid in the proper County where the Fadl was done or committed. And the Perfon or Perfons fo fued may file common Bail, or enter a common Appear- ance, and plead the general Iflaie, not guilty ; and may give this Adl, and the fpecial Matter in Evidence it the Trial ; and that the fame was done in Pur- fuance and by the Authority of this Adt. And if a Verdidt is given for the De- fendant or Defendants, the PlaintifF or Plaintifl^s fliall pay treble Cofts. But, though a Verdidt fliall be given for the Plaintiff or Plaintiffs, they fliall not be intitled to above two Pence Damages, nor to any Cofts of Suit, if the Court or Judge, before whom the Caufe was tried, fhall certify on the faid Rcco.d, that there was a probable Caufe fof fuch Seizure; nor Ihall the Defendant be fined above one Shilling; but the EfFedts feized fliall be reftorcd to the Plaintiffs. Ui. Prohibits the Exportation oi Brififi Hire Skins, Briti/b Hare Wool, a-- J Bri- tiJJi Coney Wool. No >4 Cm. C. a. CAPTA.INS, AND SAILORS. 9« be or lat No Wool ill.!*! l)c (hipped from Iirhvui, but from Dublin, Walerford, Yoitg- i "'A. •■'"<' hall, Kirtfilc, Crk, and Ih-ot^ha!,!. A/.r. C 32. For every S'lip which (hall fail from Ire/afitf, in order to export any of the 'o""'! '• Commodities rt'orcf.iid to tliis Kingdom, Hond (h.dl be given by two known j;,' ,q_ jj\. Inhabitants of or near the Place, to the chief OtHcers of the Cuftoms belonging to the Port in /n'/rfW, in double the Value of the Goods, before the Ship (hall be permitted to lade any of the Commodities aforefaid, with Condition, that if the Ship (hall tai'.e on board any of the fdd Coods in IrcUnii, all the faid Goods (hall be brought by the fame Ship to fome Port in England or IVales, and (hall there be unladen, and pay the Duties thereof (the Danger of the Seas excepted) and every Ship which (hall lade any of the (aid Goods, until fuch Bond be given, (hall be forfeited as aforelaid. All fuch Cioods, exported from Ireland iiito this Kingdom or JValcs, fliall be Ditto, S. lo. fliipped of}' at the Ports oi Duhlin, Wati'rjbrd, Tougkall, Kinfak, Cork, and Drog- hma, and from no other Port; nor (hall be imported into any Parts o( England or Wales, other than Biddeford, Barnjlablc, Minc/jcad, Bridgwattr, Brijlol, Milfhrd- Haven, Chtjlcr and Liverpool. It (hall be lawful to import from any of the aforefiid Ports in ire/and, any Ditto, S. 14. Wool, iSc. into fuch Ports of this Kingdom as aforefaid j [o as Notice be firft given to the Commi(rioners of his Majefty's Cu(loms in this Kingdom, or to the Curtomer or Colledtor 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 Maftcr, and the Port into which they are to be im- ported, and fo as Bond be firft entered into, to the Ufe of his Majefty, with one or more Sureties, in treble the Value of the Goods, that the fame (hall (Dangers of the Seas excepted) be landed accordingly, and fo as a Licence be firft taken, under the Hands of the Commi(rioners of the Cuftoms, or from the Cuftomer or Colledtor, where fuch Bond is given for the landing thereof, which Licence they are to grant without Fee. All Adtions and Informations which (hall be profecuted, by Virtue of any Adt, 3 C"' !• c. for preventing the Exportation of Wool, or Woollen Manufadures, from Ireland, " ' ** fliall be tried in any of the four Courts at Dublin, by a Jury of Freeholders, to be fummoned out of any other County, than that wherein the Fadl was committed; and the firft three who have been a(rifting in exporting of Wool or Woollen Commodities, who (liall inform any Juftice of Peace thereof, whereby the Pu- nifliment may be inflidled, fuch Difcoverer (not being the Owner or Part-Owner thereof) (hall not fuflir any of the Punilhment. All fuch Wool, and other the Commodities mentioned in 10 and 1 1 Will. III. Ditto, S. lu Cap. 10. which (hall be carried or laid on Shore near the Sea, or any navigable River, to the Intent to be exported out of Ireland, contrary to that Adt, (hall he forfeited, and the Ofi^ender (hall be liable to the like Penalties, as Perfons by that Adl are fubjedl to for exporting of Wool, &c. The Commiflioners for executing the Otfice of Lord High Admiral of Great- 5 Cn. 11. C. Britain (hall appoint three Ships ofthe(ixth Rate, and eight or more armed ai-S.i. Sloops, conftantly to cruize on the Coaft of Great-Britain and Ireland, with Orders for fcizing all Vellcls in which any Worfted, Bay, or Woollen Yarn, or any Drapery Stuffs, or Woollen Manufadlures, made up or mixed with Wool or Wool-Flocks, (hall be exported or laden from Ireland into foreign Parts, &c. All Wool, and Woollen or Bay Yarn, Woolfcls, Shortlings, Mortlings, Wool- u c«. ir. Flocks, Worfted, Yarn, Cloth, Serge, Bays, Kerfies, Says, Frizes, Druggets, P- «*• Cloth Serges, Shalloons, Stuffs, and other Draperies and Woollen Manufadturcs, or mixed with Wool, or Wool-Flocks, which (liall be exported from Ireland after the ift oi May, 1740, into the Ports of this Kingdom hereafter mentioned, (hall be (liipped off, and entered at the Ports of Dublin, Waterford, Tougball, Kin/ale, Cork, Drogheda, New Roft, Newry, Wexford, Wicklow, Sligoe, Lime- rick, Galway, and Dundalk, in the faid Kingdom of Ireland, and from no other Port or Place j nor (hall the fame be imported into any Parts of this Kingdom, other thai' the Ports of Biddeford, Barnjlaple, Minehead, Bridge- •water, Brijiol, Milford- Haven, Chejler, and Liverpool, in the fame Manner as if the faid Ports of Newry, Wexford, Wicklow, Sligo, Limerick, Galway, and Dundalk, 9* i6 Ctt, II. OF SHIPS, O W N E RS, Dundtilk, hid been particulaily named for Exportation of the faid Goods, in the All 10 and ii tyUl. III. intitled, /In A:l to prevent tbf Exportation of Wool out of the Kingdom o/" Ireland and England, and for other Purpofcs therein mentioned. By this Adl, Wool, Cff . under the Rcftridlion of the above Aft, may be ex- ported from any Port of Ireland into any Port of England. ~" ' ~ ' (liall into U.S. II. c Ditto, S. Citto, S. 5. Ditto, S. (. After the 2Cth oi December, be laden board Shi 1 7^59, no Wool, or any of the faid Ooods, on boara any snip or Boat in Ireland, or iin^wrted from thence this Kingdom, but in fuch Veflels or boats as fhall be of the built of Grcat-Britaiit or Ireland, and wholly owned and manned by the Subjcfts of this Kingdom or Ireland, and duly regiftcred in the Manner hereafter mentioned, under the I*c- nalty of the Forfeiture of the faid Goods, or the Value thereof, and of the N'eliil or Boat in which the fame fliall be laden, together with all her Ammunition aiii Furniture. No Coffee fhall be put on board any Ship in any of his Majefty's Plantations ia America, until the Planter or his known Agent fliall make Oath, or Alhrmation, before two Juftices of the Peace, that the fame Is of the Growth of fuch Planter's Plantation, which Oath, ©"f. ihall be produced to the CoUedlor, Comptroller, and Naval Officer, by the Perfon who fliall enter fuch Coffee; and fuch Pcrfoiis fliall likewife make Oath, or Affirmation, before the faid Officers, that the Coffee then to be ihippcd is the liime that is mentioned in luch Oath, iSc. of the Plan- ter; and the CoUeftor, and Comptroller, and Nwal Officer, are required to de- liver a Certificate of fuch Affidavit to the Commander of fuch Ship, on board which the faid Coffee is to be fliipped ; and the Maftcr of fuch Ship ihiU, before clearing his Ship, alfo make Oath, that he has received fuch Coffee on board, and that he has no other Coflte on board than fuch, for which Proofs fliall be made as afiicfaid, and that he will not take any more Coffee on bo.ird before his Arrival in Great -Britain, and making a Report of his lading there ; for which Affidavit and Certificate the Colledtor, and Comptroller, or Naval Officer, fli ill receive y. and all Certificates of fuch Affidavit fliall, by the Commander of fuch Ship, be produced to the Collcftor and Comptroller of the Cuftoms, at the Port where fucn Ship fliall unlade, and the Mafter fliall deliver to fuch Colicftor and Comptroller, a Certificate of the Colleftor and Comptroller of the Cuftoms, and. Naval Officer of the Place, where fuch Coffee Ihall have been Ihippcd, or any two of them, teftifying the particular Quantities of fuch Cofiie, and of which fuch Proofs fliall be made, fpccifying the Package, with the Marks, Numbers, and Weights of each Package; and the Mafter fliall likewife make Oath, or affirm, that the Coffee in the Certificate was taken on board as in the Certificate, and 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 Certificate; and upon Entry of fuch Coffee at the Cuftom-houfe, ^ and paying or fecuring the Duties, a Mark fliall be fet on every Parcel; and thereupon fuch Coffee fliall be lodged in a Warehoufe, and the Importer fliall deliver to th*; Colledlor the Certificate of the Affidavit of the Growth of the Coffee, together with the Oath, and the Oath, 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 :,;kc in at America or ?t Sea, or flidl land in any of the laid Plantations, any Coffee of the Growth of any foreign Country, except fuch as fliall be exported from Great-Britain, on Pain of forfeiting fuch Coffee and 200/. and likewife twelve Months' Imprifonment. If any Perfon fliall falfely make Oath or Affirmation, by this Adl direfted» and thereof be convided, &f . fuch Perfon fliall forfeit 200/. and be imprifoned twelve Months ; and if any Perfon fliall forge a Certificate of the faid Oath or Aflirmation, or fliall publiih fuch Certificate, knowing the fame to be forged, and be convidted in any of his Majefty's Courts, fuch Perfon fliall forfeit 200/. This Aa fliall continue to the i^'Cnoi March, 1739. and to the End of the next Scffion of Parli.iment. Farther cc-ntimed for feven Years, and to the End of the next Sefjion of Parliament by II Geo. II. Cap, 18, Farther continued for fevcn Tears, and to the End of toe mxt Sejion of Parliament by 19 Geo. II, P. 412. Farther contintud by 6 25 Geo, ■%: CAPTAINS, AND SAILORS. 9S 25 Geo. II. to 25 March, 1758} and farther hy ja Geo. II. //'// 24 June Form hereafter mentioned, 'i/>. A T> m.ih-fb Cilb fir J'Lmnh iL'cbrcs ivi.i a/firms) tbat the (Slip or f'ljfflj ^*» •■-'■ cillci the (Name) ii> hrn'')/ he f this Deponent or ^//irmui.tj is Miiiler, ami hath the C.Lir^e oinl Ccmiriiind for tiecn put on boaril any Veflcl h.winir I.ihcrtv to traiic by Virtue of this Ailt, or (hall be b'oiight to he fliippcd on boanl Vuth VclFcl, or Hull be put into any Uo.it, &'i . in order to Iw put on boar.l Inch Vcll'cl, before futh Kntry, or t.ikin^ out, endorling, and dchvcrint; of fuch p ..j^ Warrants, contrary to the DireiJlions of this Atlt, all futh Sugar and other Ciood3 (hall be forfi itcd ; and the Vellll or Carri.tj;e employed in rtiipping or attemptinj; to (hip any enumerated Cioods, other than Suf^ars, together with the Ve(fel on whieli fuelj other (Joocls (hill be l.iden, and the Owner of fueh Sugar or other floods (hill forfeit double the Value thereof. And before fuch Vedel ihdl depart with the Sugar, tlie Ma(kr fhall receive the faid IJccncc from tlic Comp- tioUer and Naval OtHcer, with a Certificate under their Seals of Oilice, contain- in<< an Account of the Marks Cfc. of each Cafic of Sugar lb fliippedj and the other Odicers alc)re(aid are to make two Copies of llidi Licence and Certificates j for all which Entries, Ct'. or Copies, no more (hall be taken than the accuf- tomcd l'\e< ; and the Mafter, bel'ore he receives the faid Liceru e, (h ill aticd the laid Copies imiler his Hard, which are to be left with the Collei'for, and Comp- tioller, and Naval Oriicer j and the faid Collcdlor and Comptioller arc required, ;\:i (oon as conveniently they can, to tran('mit one of the laid Copies to the Com- rnidloners of the C'urtonis in G/'.v;.' Briltiin, by whom the Licence was granted when the Ship failed from Cicit-lhitain', and tlie .\Lifler (hall proceed fiom the fiid Colonics (iiiix'Hy to (invf-Dr/tiiin, v\it!ioiit putting into any other I'ort unlefs I'. 5J9. I'orced by Stie(s of Wtatlier; Proof whereof lliall be mailc on ()ai!> to the fatisfae- tion (.(the Ct-Munilhoners; and on the Return of ('uJi Ship to (In'ti.'-nrilnin, the M;.(ler (hall produce the faid Licence to the Coinmidioiicis, or to the CoUedlor of the I'ort at which he (hall arrive, wiih tlie ICmiorlemcnt or Certificjte anneved as bi.(ore ilircillcil, and (hall iillo deliver a true Manifcd, expiclling the Marks anil Nundieis, v.ith the Tale and Sorts of Ca(ks of all his Ladnig, attclled upon Oath (or if a C^aker, by Allirmiition) before the Colledor and Comptrol- ler of futh I'ort, who are impowered to adminifter the fame; and (hdi alio ni. ke an Lntry of the Qiiantities and Sorts of all the Su^'ars l,;den on l,o ;d the fi.id ^hip at any of the (aid Colonies, and then lemaini'ig on board ai:d !ioiin 1 to foreign Parts; (which I'jitiy the f; id (. clkdrr and Ccnpti oiler are to pafs, without demanding any Duties for fuch Sugar; mentio.iiii^ in their /iccoant, that fuch F.ntries were palled by Virtue of this AlI) and (hdl alfo declare upon Oath or Allirmation to what foreign Ports he is bound ■.\ith fuLh Lading'; then fuch Marter (liall be at Liberty to proceed with all the tJoods on b.urd incniioned in the faid Manifcft, being none of the doods before enumerated, to any foreign Port, without being obliged to land, or pay Duty for the fair..', as afoiefiid, taking with him the laid Idccnce, and a Certificate under the Seals ofOilicc from the faid Collcdtor and Comptroller, tell'fying that the fdd Ship had touched at fuch Port, and had in all Rel'pedls con'.plied with the Diredions of tliis Ac'l ; but if any fuih Vell'el Ihall proceed to any foreign Part without having firfl 1'. j':©. touched at foine Port in Grfiii-lhiln.ii, and having complied with the Direclio;is of this Adt, and having the fame certified ns aforefiiJ; or if any of the floods before enumerated, belides Sug-ars, (hall be found on board, or carried by any fuch Vcflel to any foreign Parts, then the Liberty granted by fuch L,ice:'.c<: lliall become void, and fuch Vefli.1, and alfo the Mailer, and all otlicrs con- cerned, lliall be liafcle to the fame Penalties as they would have been liable to if this Adt had not been made. If the CommilVioners of the Cuftoms in Grceit-Pritain, or the Colkrtor a: i Comptroller of the Port where the \ eliel fliall touch, Hull, u,>o!i l:ii,;ii.,itic:i on Oath, have caule to fufped that ibme enumerated Goods, other than ^ ug is, are on board futh Veflcl, and lliall thereupon judge it necodary to unlade the Goods from fuch Ship, or any Part thereof ; in fucli Cafe, the Olficcis of the Cuftoms, or any Perlbns employed by them, may enter and remain on board fuch Ship, and unlade the lame or any Part thereof, as they llriU judge iie- ceflary, to enable them to examine any Part of fuch Ship and all the (Joodi on boijrd, and detain her fo long as Ihall be necellliry f ..r the I'urpofe, and ailb may open and examine any Cabins, ©'f. or any Concealments, or other Places ia the Sides of fucl^ Sliip, or any Part thereof, or any Trunk, Calk, ci?.-. to 2 dil'cover >ods. - ' ,l'5 lit ^f, OF SHIPS, OWNERS, V. 56r. difcovcr whether any more,, or other Goods are on board, than fuch as are mentioned in the Manifeft delivered by the Mafter, and may feize all Goods not mentioned therein, which rtiall be forfeited ; but in Cafe no Goods be found on board but what are mentioned in the fiid Manifeft, then ihe Othcers who (hall unload or unpack any Goods (hill 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 Cofts for Demurrage, or on any other Ac- count whatfoever ; but if any other Goods are found on board beiidcs fuch as a.c mentioned in the Mafter's Manifeft (except the necefliiry Provilions of the Ship) then the Mafter (hall be at the Charge of re-loading and rc-p.icking all the Goods unladen or opened, and of repairing all other Damages occa(ioned thereby ; ana the Ofttcers concerned (hall not be at any Expence, or be liable to any Cofts whatfoever. If any Ship fliall h.ivc on board any Sugar, for which Licence (liall have been granted as aforcfaid, or any other Goods not enumerated in the Aiit be- fore-mentioned, and the Owners, or their Agent, on the Arrival of fuch Ship in Grcat-Britiiui, (liall be defirous to enter and pay the Duty, and land tlic Goo;!s. or any Part tiiereof, they (hall have Liberty lb to do, the Mafter (irft making a Report of his whole Lading witii the proper Officers of the Cuf- toms, in like Manner as he was required to do before the making of this Adl. P. 562. If the Mafter, or Perfon taking Charge of any Veflel, for which a Licence has been granted, (hall, on his Arrival in any of the faid Sugar Colonies, have deliverea to the Collector, Comptroller, or Naval Officer, the f.nA Licence, with a Certilic.ite of Bond being given in Gnat-Britain, as aforefaid ; and be- fore he lades any Goods (hall declare in writing, upon Oath, or Allirmation, before any two of tlicm, that the Sugars he intends to lade are to be carried to fome Place to the Southward of Cape Finijlcrrc ; then the faid Mafter may, in Ca("e he has in all Refpedts complied with the Diredtions of this Aft, proceed diither direftly with fuch Ve(r.'l, taking with him fuch Licence and Oath, or A^tfirmation, endorfcd thereon by the Colledior, Gff. together with an Account of the Marks, (3c. of Sugars laden by Virtue of fuch Licence, likevvife endorf-d thereof, or contaijied in a Certificate annexed, in the Manner before directed, and may there land the fame, without firft touching at any Port in Great -Britain ; but in fuch Cafe the Mafter (hall, within eight Months after landing the faid Sugars, and before fuch VefTel fliall go again to-any of the Plantations in America, return to fome Port of Great -Britain, and there deliver his faid Licence to the Commiftioners of the Cuftoms, or the Collecftor and Comptroller of fuch Port, with fuch Oath or Affirmation endorfed thereon, and Certificate annexed thereto as aforefaid, together with a Certificate from the Conful or two known Britijh Mer- chants of good Credit, refiding at the Places where fuch Sugars were landed, f . 563. teftifying the Landing thereof as aforefaid; and the Mafter (hall likewife make Oath or Affirmation before the Colleftor to the Truth of fuch Certificate, and that none of the Goods before v numerated, except Sugar, were taken on board at any of the faid Colonies, or landed at the Fi-.ce mentioned in the Certificate j and (hall likewife make an Entry with fuch Colledor, of the Quantity and Sorts of all the Sugars laden on board the faid Ship at any of the laid Colonies, and landed at any Port to the Southward of Cape Finijlerre, which Entry the Col- leftor or Comptroller are to pafs, without demanding any Duties for the fame, mentioning in their Accounts, that fuch Entries were pafTed, by Virtue of this A& J and in Cafe the faid Mafter fhall negledl or refufe to make fuch Entry, on his return to Great-Britain, he ftiall forfeit 1 00/. Upon the Return to Great- Britain of any Ship or VefTel which (hall carry Sugars from the Sugar Colonies to any foreign Parts, the Mafter (hall, in either Cafe before-mentioned, bring back, and deliver to the Commiffioncrs of the Cuftoms, or to the Collcdlor of the Port where fuch Ve(rel (hall arrive, the faid Licence, together with a Certificate, figned and fealed by the Conftil, or two known Britijh Merchants of good Credit, at the Port where fuch Sugar was landed, certifying the Landing thereof, with the Number of Cafks landed, and the Mark, Number, and Contents of each Calk, with the Name of the Ship and =tN CAPTAINS, AND SAILORS. ^ and Maftcr, and that they verily believe that no Tobacco, cr other Goods before enumerated, except Sugar, have been there landed out of fuch Veflel ; and upon fuch Licence being returned, with the Oath or Affirmation of the Mafter, and P. s^*.' an Account of the Lading endorfed thereon, or annexed thereto as aforefaid j and the fcveral other Things required by this AA being duly complied with, the Bond given before granting fuch Licence (hall be difchar'^ed and delivered up ; otherwifc fuch Bond (hall be forfeited, and may be profjcuted in the Manner diredted by this Ad. In Cafe any Ship or Veflel fliall, after unloading fiich Sugars, or any Part thereof, take on board any Goods before he"- Return to Great-Britain, al! fuch of the fiid Goods as remain on board at her Arrival in Great-Britain, fliall be entered and landed on the Return of fuch Velfel to Great-Britain, and be- fore her Departure from thence, and fliall be fubjedt to fuch Regulations, as the like Goods imported in any other Ship are fubjeft to by the Laws of the Cuftoms. This Adl not to excufe any Veflel trading to or from the fiid Sugar Colonics being regiftcred purfuant to the Ad: 7 and 8 IVill. III. on Proof of the Property made by one or more of the Owners in the Manner, and under the Penalties in- flided by the ftid Ad. No Mafter or Owner of any Vefl*el, carrying Sugars, as aforefaid, fliall advance P. jfij* to any Mariner during the Time he fliall be in Parts beyond the Seas any Money or Efteds, upon Account of Wages, exceeding one Moiety of the whole Wages due from the Time of his Departure from Great-Britain, till fuch Vefl"el fliall return to Great-Britain, and if any Mafter or Owner fliill advance any Wages to any Seamen above the faid Moiety, fuch Mafter or Owner fliiU forfeit double the Money he (hall fo advance. If arry Perfon fliall grant any falfe Certificate, or counterfeit, erafe, or alter any Licence, Oath, or Certificate, made purfuant to this Ad, or fliall know* ingly publifli or make ufc thereof, fuch Perfon fliall forfeit 500/. to be recovered, and difpofcd of in the Manner direded by this Ad, and fuch Licence, Off. fliall be void. Nothing in this Ad fliall be conftrued tc give Liberty to carry Sugars P. 566. from any of the faid Sugar Colonies to Ireland. (This Claufe is repealed by 20G(V^III.) This Ad fliall continue in force five Years, from the 29th of September, 1792, ?6 Cm. and from thence to the End of the next Sefiion of Parliament. ^" 5^' By an Ail pa fed 7 and 8 Will. III. for preventing frauds and regulating \% and Abufes in the Plantation Trade ; and by an another Ad of 5 Anne, for an Union ^"- ''" of the two Kingdoms of England and Scotland, no Ship or VelTel (liall pafs as a ' '" Ship of the Built and Property of Great-Britain, Ireland, Guernfey, Jerfey, or any of his Majefty's Plantations in America, or a Prize Ship made free, fo as to be qualified to trade to, or from, or in any of the faid Plantations, till the Perfons claiming Property therein fliall make Oath, and regifter the liime in p. 712. Manner therein direded ; and if any Ship's Name fo regiftered fliall be altered, or any Transfer of Property to another Port, fuch Ship is thereby direded to be regiftered de Novo, on delivering up the former Certificate to be cancelled j and if the Property be altered in the fame Port by the Sale of Shares in any Ship, aftei regiftering, fuch Sale is to be acknowledged, by endorfing on the Regifter before two Witnefl'es ; notwithftanding which the Certificates of the Regifter of ftveral Ships have been frequently fold to Foreig.iers and delivered to the Purchafers ; and the Sliips of Foreigners under Colour thereof have been ad- mitted to trade to and from the Plantations, though of foreign Extradion, con- trary to Law, to the Prejudice of the Navigation of Great-Britain and tlie Plan- tations j for preventing which it is enaded, that after the 25th of Decei:.':er, 174?., no Ship or Veflel, required by the fiid Ads to be regiftered, and carry- ing Merchandizes to and from any of his Majefty's Plantations in America, or to and from one Plantation to another, fliall be deemed qualified to trade within the Intent of the faid Ads, till the Mafter, or Perfon having Charge of the Ship, fliall upon Oath or Affirmation before the Governor or Colledor of the C c Cuftoms, III. 16 p. •tN ^i I •-, g8 OF SHIPS, OWNERS, Cuftoms, of every the faid Plantations, where they (hall arrive, give a juft and true Account of the Name and Burthen thereof, and of the Plate from whence (he came, and of all Particulars in the following Form, viz. A Ji maketb Oath for, if a ^aker, filemnly affirms) that the Ship or Veffet, •"■• called the whereof he, this Deponent or Affirmant, is Majler, or hath the Charge and Command, during this prejent Voyage, being of the Burthen of Tons, came lafifrom and that fie is as he verily believes, the finne Ship or VeJJel defcribed, meant, and intended in, and by, the Certificate now produced by him ; aid that the fame dots now, as he believes, belong wholly to his Majejly's Britifh SubjeSts, and that no Fo- reigner has, direBly or indircSlly, ary Share, Property or Interejl therein, to his Knowledge or Belief, , .. . P- 7«3' If any Ship or Veflel fhall load or unload any Goods, (Sc. in any of the Plantations in America before fuch Proof be made, the fame (hall be forfeited, and may be profecutcd, recovered, and divided, in like Manner as if fhe had not been regiftered, as direfted in the Adt 7 and 8 IVill. III. After the 2cth of December, 1742, if any Ship or Veflel duly qualified to trade to, and from, and in his Majefty's Plantations, (hall happen to be in any of the faid Plantations, and the Certificate of the Regifter (hall be loft or mif- laid, the Mafter or other Perfon, having the Charge of the faid Ship or VefTel, may make Oath, or Affirriation, before the Governor or Colledtor of the Cuftoms, in the Port where the Ship or VefTel (hall happen to be, in the following Form: :. A R being Mafter, or having the Charge of the Ship or Vejfel called the doesfwear (orfolemnh affirm) that the faid Ship or Veffel has been, as he verily believes, regiftered according to Law, to qualify her to trade to, from, and in his Majejly's Plantations, in America, and that he had a Certificate thereof, granted at the Port of but that thejame is lofi or mifiaiJ, and that he cannot find the fame, a J does not know where the fame is, or what is become thereof and that the fame hath not been, nor Jhall be, with his Privity or Knowledge fold or difpofed of to any Perfon or Perfons whatfoever j and that he, this Deponent or /Affirmant, and three-fourths of the Mariners navigating the faid Ship or Vefel are his Majefiy's Britifh SubjeSls, and the faid Ship or VeJJ'el does now, as he believes, belong wholly to bis Majefiy's Briti(h SubjeSls, and that no Foreigner has, to his Knowledge or Belief, any Share, Property, or Interefi therein. P. 714, The faid Mafter, or other Perfon navigating the faid Ship or Veflel, (hall give 500/. Security, if the Ship be of one hundred Tons Burthen or under, and fo in Proportion for any greater Burthen, to the Colleftor of the Port where the Ship [hall be, in his Majefty's Name, and to his U(e, with Condition that the Ship was duly regiftered 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 faid Regifter, if found, (hall be delivered up to the Coramiflioners of the Cuftoms, to be cancelled, and that no illegal Ufe has been, or (hall be made thereof ; that the fame has not been, or (hali be fraudulently difpofed of j that the faid Ship or Ve(rel wholly belongs to Britijh Subjcdts j and that no Foreigner has any Share, Property, or Intereft therein ; and on njaklng fuch Oath, or Affirma- tion, and giving fuch Bond, tlie Governour and Colledlor of the Cuftoms (hall freelv give the Mafter, &c, of fuch Ship or Veffel a frefli Certificate, which fhall enable him to trade for that Voyage only j and the Officers taking the faid Oath and Bond (hall tranfmit an Account thereof to the CommifTioners of the Cuftoms. If the Certificate of the Regifter of any Ship be loft, and the Mafter, or Per- fon having Charge of the Ship, and one or more of the Owners, (hall make Proof to the Satisfadtion of the Commilfioners of tfie Cuftoms in Cafe the Owners or any of them, (hall refide in Great-Britain or Ireland, Quernfey, or ferfey ; or of the Governour, or Colledlor of the Cuftoms, rcfiding lij any of his Majefty's or CAPTAINS, AND SAILORS. 99 N Majefty's Plantations in America, if ftie was rcgiftered in fuch Plantation ; and none of the Owners rtiall refide in Great-Britain or Ireland, Guernfey or 'Ji'rfey, upon Oath, or Affirmation, of the Lofs of fuch Certificate, alio of the Name, Burthen, Built, Property, and otiier Particulars, required by the Ai^ 7 and 8 Will. III. in the fame Manner, and before the fame Perfons as are required on original Regifters, and Ihall give 500/. Security, if the Ship be of one hundred Tons, and fo in Proportion for any greater Burthen, to the Colledior of the Port where the Ship (hall belong, and that the original Certificate hath not been, nor Ihall be fraudulently difpofed of, or ufed contrary to Law j and ihat if the fame be found, it fhall be delivered up to the Commiilioners to be can- celled J in fuch Cafe the faid Commiffioners, and the Governor, and CoUedtor of the Cuftoms, refiding at the Plantations refpeftively, are required to per- mit fuch Ship or Veflel to be regiftered de novo, and the proper Officers Ihall deliver a Certificate thereof to the Owners as dircdled by the Adl 7 and 8 Will. III. and therein mention the Name by which the Ship was formerly regiftered, and that fuch a Certificate of a new Regifter is granted in Purfuance of tliis Aft inftead of a former Certificate, which appears by fuch Proof, as this Adl requires, to be loft ; and that fuch new Regifter and Certificate ihall have the fame EfFedl with the Original, and a Duplicate ftiall be tranfmitted to the Commiffioners. After the 29th September, 1742, all Plantation Bonds taken in Great-Britain, ?ig,eyi6. purfuant to any former Adt of Parliament, whereby the Goods therein enu- merated are to be brought to Great-Britain, fliall be with Condition, that within eighteen Months from the Date thereof (the Danger of the Seas ex- c pted) a Certificate ftial! be produced from the Colledior and Comptroller of t le Port where fuch Goods ftiall be delivered, that they have been there landed und difcharged; other .viia fuch Bonds (hall be forfeited, and the Penalty fued for in the Court of Exchequer in England, Scotland or Ireland, refpcdl' cly. This Adl fh.iU not extend to Bonds given for Ships lading Sugars, in any of Page 717. his Majefty's Sugar Colonies in America, by Licence from the Commiffioners, to be carried diredtly to any foreign Part of Europe purfuant to an Adl pafTed 12 'Ay. II. By two Claufcs in the Adl 12 Car, II. it is enadled, that no Goods or Com- 17 Ga.W. moditics whatfoever, of the Growth, Produdlion, or Manufadlure of Africa, AJia, or America, fliall be imported inlo England, Ireland, or Wales, Iflands of Guernfey or ferfey, or Town of Berwick upon Tweed, from any other Places or Countries, but only from thofe of the faid Growth, Produdlion, .ir Manufadlure, or from thofe Ports where the faid Goods and Commodities can only be, or ufually have been, firft fliipped for Tranlportation, under the Penalty of the P. 720. Forfeiture of all fuch Goods as ftiall be imported from any other Place or Coun- try, contrary to the true Intent and Meaning thereof; as alfo of the Ship in which they were imported, with all her Guns, Furniture, Ammunition, Tackle and Apparel ; and there is a Provifo in the faid Adl, that it fliall be lawful for any of the People of Eiigland, Ireland, Wales, Iflands of Guernfey, or fcrfy, or Town of Berwick upon Tweed, in Veflels, or Ships to them belonging, and whereof the Mafter and three-fourths, of the Mariners, at leaft, are Engtijh, to load, and bring in from any of the Ports of Spain or Portugal, or Wejlern IJlands commonly called Azores, or Madeira or Canary Iflands, all Sorts of Commodities of the Growth, Produdlion, or Manufadlure of the Plantations or Dominions of either of them refpedtively ; and Difputes have arofe on tlie Conftrudlion of the faid Provifo, whether the Goods of §le Growth, Produdlion, or Manuftdlure of the Plantations of Spain or hurtugal, may be imported for Account of Aliens, from the Places, and in the Manner expreffied in the faid Provifo, and whether fuch Goods belonging to Aliens, fo imported are not liable to be' forfeited, togetlier with the Ship^ which tends to the Prejudice of the Britijh Navigation, as like- wife detrimental to the publick Revenue; it is therefore enadled, that it fliall be lawful for any Perfons to import the Goods mentioned in the laid Provifo, and! in fuch Ship fo navigated, as is tJierein cxprcfled, although fuch Goods are tlic' Property of Aliens. 3 It loo OF SHIPS, OWNERS, 7 Gtc II. C ■ 8. i. 1. aiG«. ll.P 887. ! i. It fliall be lawful to import, in any Ship belonging to Great-'Britaint or any State in Amity, from any Place, Indigo of all Sorts. Ditto, s. 3. The faid Aill 13 Geo. I. Cap. 25. and this Aft fliall continue feven Years from the 24th of June 1734, &c. Continued till June i, 1747, and from thence to the End of the next SeJJion of Parliament, by 14 Geo. II. p. 660. and further continued till the \Ji of June, 1 754, and to the End of the then next SeJ/ion of Parliament by 20 Geo. IL p. 972. And as fevcral Afts have been made to encourage the Growth or this, and fevcral other Commodities in his Majefty's American Colonies, I think the/ may properly be introduced in this Place, as Affairs in which Navigation has a confiderable Concern ; therefore, before I conclude the Subjed of Shipping, I /hall let my Readers fee what Premiums have been given by Parliament, on the Importation of them here. . It is hereby cnaded, that from and after the 25th of March, 1749, all Per- fons who fliall import into this Kingdom, diredtly from any of the Bn'ti/b Colo- nies in America, in Veflels that may legally trade there, and manned as by Law is required, any good and merchantable Indigo, free from any falfe Mixture, and fit for Dyers Ufe, being the Produdl of the Colony from whence the fame is imported, ihall be intitled to 6d. for every Pound thereof, to be paid out of the Curtoms upon Demand, by the Colleftor of the Port where the fame fliall be imported, and for Want of fufficicnt Money in his Hands, he fliall c-rtify the fame to the Commiirioners oi the Cuftoms, who fliall caufe tlie Bounty of the Indigo, imported into England, to be paid by the Receiver-General of the Cuf- toms in England, and of that imported into Sco'kind, by the Receiver-General there. Every Perfon loading Indigo, on board any Veflel in any of the Britijh Colo-» nies in America, fliall, before the clearing out of fuch Ship for any Port of Great-Britain, produce to the Governor, Lieutenant-Governor, CoUedlor and Comptroller, of the Cuftoms, and Naval Officer, or any two of them, a Certi- ficate, figned and fworn to before fome Juftice there, by the Planter, his known Agent or Faftor, that a Quantity of Indigo (exprefllng the Weight) hiid been fent from his Indigo Woik, or Plantation, where the fame was made, in order to be fliipped off or fold by him to the Perfon therein named, and was of the Growth and Produce of the fiid Plantation, fituate in the Diftridt or Parifli of within the Ifland or Colony of which Certificate fliall be atteftcd by the faid Juftice, to have been figned and fworn to in his Prefcnce, and he is required to do the fame gratis. The Merchant, at the Time of producing fuch Certificate, fhall alfo fign a Certificate before the Governor, Lieutenant-Governor, Colledor, &c. or any two of them, that the Indigo fhipped by him is the fame mentioned in the Certificate J and they Ihall 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 Certificate from the Planter or Agent, Gff . had bs-en produced and left with them, purfuant to the Diredions of this Adj and no Perfon im- porting Indigo fhall be intitled to the Premium, unlefs he flial! produce fuch Certificate to the chief Officer of the Cuftoms at the Port in Great-Britain, where the fame fhall be imported. On the Importation of any Indigo into Great -Britain, a Certificate fliall be given, by the Mafter or commanding Ollicer, that the fame was fliipped on board the faid Ship, within fuch Britf/h Colony in America, as is mentioned in the Certificate ; and alfo a Certificate, figned by two Officers of the Cuftoms of the Port where the fame is entered and landed, fpecifying the Weight, and that the faid Indigo is good and merchantable, free from falfe Mixtures, and of fuch Quality as to be intitled to the faid Premiums; which Certificate the faid Officers are to grant, within ten Days after the Landing thereof, unlefs they can affign fufficicnt Caufe for their Refufal ; upon produc-ng which feveral Certificates to the proper Officer, as aforefaid, he fhall pay the Premium to the Importer. CAPTAINS, AND SAILORS. jot If anjr Perfon fliall make Entry of foreign-made Indigo, under the Na»tie of Britijh Plantation-made, or fhall mix any foreign Indigo, or other falfc Mix- ture with that made in the Britijh Plantations, in order to claim the Premium, he fliall forfeit all fuch Indigo ; and in Cafe of fuch Mixture the Quantity fo mixed, both foreign and Britifi Plantation-made, and double the Value thereof, fhall 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 , arid free from any falfc Mixture. The Ofiicers of the Cufl:oms, before their making out any fuch Certificate, p. 890, fliall examine the Indigo by opening each Package, and feeing the whole Con- tents, to difcover whether the Indigo is good and merchantable, and free from any falfe Mixture. No Certificate fliall be granted by the Officers of the Cuftoms for any Indigo %vhich is not worth 3/. when the French^ or other Indigo of equal Goodnefs with the beft French, is worth 4/. per Pound ; and fo in Proportion, if the beft French or other Indigo of equal Goodnefs fliall be at the higher or lower Price. If any Difpute fliall arife concerning the Quality of fuch Indigo as is imported into the Port of London, the Commiflioners of the Cuftoms may call two or more Dyers, Dry-Salters, Brokers, or others well fldlled in that Commodity, who fhall declare their Opinion upon Oath, as to the Quality thereof, if required, and determine whether the faid Indigo is intitled to the Premium or not j and in Cafe of any Difpute in any of the Out-Ports in England, Samples of the Indigo fhall be fent up to the Commiflioner of the Cuftoms at London ; and in the Out- Ports in Scot/and, to tlie Commiflioners of the Cuftoms at Edinburgh, /in fuch Manner as the refpeftive Commiflioners fliall direft, in order to be infpedted and adjudged there. No Fee fliall be demanded or taken by any Oflicer of the Cuftoms, for the examining or delivering fuch Indigo, or for figning Certificates for the Premium ; under Penalty of forfeiting his Office and 100/. C^c. No Certificates or Debentures, made in Purfuance of this A6t, fliall be charge- able with any Stamp Duties. If any Bri(i/h Plantation-made Indigo from y^merica, fhall, after the 25th ofP.'g'. March, 1749, he exported {rom Great-Britain, the Exporter, before the Entry thereof, fliall pay to the Colleftor or chief Officer of the Cuftoms of the Port, the whole of the Premium, over and above any Duty fuch Indigo is fubjeft to at Exportation by any former Aft. If any Perfon iliall be found fraudulently to export fuch Indigo, wifliout pay- ing the Premium as albreliiid, 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 Manufadlure of the Britijh Plantations in jimcrica, or of foreign Produft, the Onus Probandi fhall lie on the Claimer and not on the Profecutor. If any Governor, Colledlor, or any other Perfons, fliall, during the Continu- ance of this A(ft, falfcly make a Certificate of the Produce and Manufadture of any Indigo, not being of the Britijh Plantations in America, or lliall counterfeit ;iny fuch Certificate, in order to obtain the Premium aforcfaid, he fhall forfeit 200/. and if the Offender be a Colledor, or any other Officer of the Cuftoms, he p. jj,. fliall alfo lofe his Office, and be incapable of ferving his Majefty, ^c. This Adl: fhall be in Force for feven Years, to commence from the 25th of March, 1749, and from thence to the End of the then next SefTion of Parliament. Further continued by 28 Geo II. till 2 ^ March, 1763, and to the End of the SeJJion. ' As it will greatly tend to tlie Increafe and Improvement of the Silk Manufac- 23 G,s. 11, tures of this Kingdom, tu encourage the Growth and Culture of Silk in his Ma- **■ ^^5- jefty's Dominions in America ; It is enadted that from and after the 24tli of June 1750, Raw Silks of the Giowtli and Culture of any of his Majefty 's Colonies or Plantations in America may be dire£tly imported from tlience into the Port of London Duty-free, due Entry thereof being firft made at the Cuftom-houfe at the p g. Time of Importation, in the fame Manner and Form (exprefling the Package, . , D d Marks, I OS P.)97. P. 398. 13 G«. n. p. 5.9. 1. 520. OF SHIPS, O W M E RS, Marks, and Numbers, together with the Qualities of the refpeiftive Goods) as was ufed before the making of this Adt, and fo as the fame be landed in the Pre- sence of, and examined by, the proper Officer of the Cuftoms, and be imported in Vetlelt that may lawfully trade to his Majedy's Plantations, manned as the Law requires j and, on Failure of the Conditions herein laft mentioned, the faid Silks are to be liable to Payment of the refpedive Duties, as if this Adt had not beca made. The Merchant or other Peribn, who /hall, after the 24th of yw«c, 1750, lade any raw Silk on board any Veflel in any of the Britijh Colonics in America, is before the Clearing out of fuch Veilel from thence, to make Oath before the Collector or Comptroller of the Cuftoms, and Naval Officer of the Port, or any two of them, that the faid Silk (cxprcfling the Quantity thereof) is bond Jide of die Orowth and Culture of the Britijh Plantations in Amcricai exprefling the Parifli or Place wbei* the fame was cultivated, and by whom, producing Aich Pcrfon's Oath thereto, made before the Governor of the Place, or the next Jullice of the Peace (which fcveral Oaths are to be adminiftcred gratis) and the Mafter or Per- fon taking Charge of fuch VelTel is to bring with him a Certificate, figned and fealed by the Colledtor and Comptroller of the Cuftoms, and Naval Officer, or any two of them (which they are to give rra/w) expreffing the Marks, Numbers, Tale, and Weight of the raw Silk in each Bale or Package, with the Names and Place of Abode of the Exporters thereof, and of the Perfon who ihall have fworn the fame to be of the Growth and Culture of tlie faid Britijh Colonies, and of the Perfon to whom the fame fliall be conligned in the Port of London j which Cer- tificate ihe Mafler, on his Arrival at the Port of London, is to deliver to the Colledof or Comptroller, or other chief Officers of the Cufloms, at or before the Entry of the faid Silk, and to make Oath before one of the faid Officers (which Oath is to be adminiflered gratis) that the faid 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 Prcmifes, the faid Silks are liable to the Payment of the refpedtive Duties, as if this Adl had not been made. If any Perfon fhall, after the 24th of y«w, 1750, enter any foreign raw Silk under the Name or Defcription of raw Silk of the Growth or Culture of any of the Britijh Colonies of America, or fhall mix any foreign raw Silk with raw Silk of the Growth of the faid Britijh Colonics, in order to avoid Payment of the Duties for the fame, he is to forfeit 50/. for every fuch Offence, and all fuch foreign raw Silk j and, in Cafe of any Mixture, the Quantity mixed, both of foreign and BritiJJj Plantation Growth, or the Value thereof, together with the Packages containing the lame, are to be forfeited, &c. If any Doubt or Difpute fhall arife, whether the faid raw Silk is foreign, or of the Growth or Culture of the Britijb American Plantations, the Onus Probandi lies on the Claimer. As the Importation of Bar-Iron from his Majefty's Colonies in America, into the Port of London, and the Importation of Pig-iron from the faid Colonies into any Port of Great-Britain, &c. will be a great Advantage, not only to the faid Colonies but alfo to this Kingdom, &c. It is enadted, that from and after the 24th oi June, 1750, the Duties, now payable on Pig-iron, made in, and imported from his Majefly's Colonies in America, into any Port of Great-Britain, fhall ccafe % and that no Duty fhall be pjiyable upon Bar-Iron made in, and imported from the faid Colonies, into the Port of London. No fuch Bar-Iron fo imported into the Port of London fhall afterwards be tX" ported or be carried coaftwife to be landed at any other Place in Great-Britain, except for the Ufe of his Majefly's Dock- Yards, upon Pain that the fame, and the VefTel, be liable to fuch Forfeiture and Seizure, as prohibited or uncuftomed Goods clandeflinely exported or imported, or the VelTel on board of which the fame Ihall be exported or imported, are now liable to by Law ; and alfo upon Pain that the Exporter, and Mafler, and Mariners of the VefTel, fhall be fubjedt to the like Penalties and Punifhments as the Mafler or Mariners of Veflels laden with prohibited or uncuflomed Goods, or Goods clandeflinely exported or im- ported are now liable by Law ; and no Officer of the Cufloms fhall grant any Cocket, CAPTAINS, AND SAILORS. ioi or Cocket, dc. for exporting or carrying coaft wife any filch Bar-Iron fo exported, cji- cept for the Ufe of his Majcfty's Dock- Yards, upon Pain of forfeiting 200/. &c. and if any fuch Cocket, &c. fliall be granted, the fame (hall be void. No Bar-Iron whatfocver (hall be permitted to be carried coaftwifc, unlefj Mention be made in the Certificate of the Day on which the Duties payable on the Importation thereof, were paid, and of the Names of the Perfons by whom paid- No Bar-Iron imported into the Ports of London, by Virtue of this Ad (lull be carried or conveyed by Land-Carriage to any Place beyond ten Miles from any Part of the Port of London, except to his Majefly's Dock- Yards for the Vtc of the fame, upon Pain of the Offender paying 20s. for every Hundred-weight thereof. Every Perfon loading Pig, or Bar-Iron on board any Veffel in any of his Maje(ty's Colonics in America, (hall, before clearing out for any Port of Great-Britain, make Oath before the Governor or Lieutenant-Governor, Colledor and Comptroller of the Cufloms, and Naval Officer, or any two of them (which Oath they are to adminifter without Fee) that the Pig or Bar-Iron fo (hipped (the true Weight whereof (hall be exprefled in the Oath) was made at within the Colony of ; in which Oath alfo the Name of the Perfon to whom the Irbn (hall be fold or configned (hall be expire(rcd ; and thereupon the faid Governor, Lieu- tenant-Governor, Colledlor and Comptroller of the Cuftoms, and Naval Officer, or any two of them, (hall ^ive to the Pet;fon making fuch Oath, a Certificate under their Hands and Seal of Office, of the fame having been made before them. No fuch Pig or Bar-Iron (hall be imported Duty-free, as aforefaid, unlefs the fiunc (hall be ftamped with fome Marks denoting ^he Colony or Place where the feme was made, and unlefs the Importer (hall produce fuch Certificate to the chief Officer of the Cuftoms at the Port where the fame (hall be imported, and unlefs Oath be made by the Mafter of the VeflTel, before fuch Officer (which he is to aAninifter without Fee) that the faid Iron is the fame mentioned in the Certificate. AH Pig or Bar-Iron, which (hall not be ftamped and certified as aforefaid, (hall be fubjedt to the Payment of the fame Duties to which it was liable before the making of this A&. If any Governor, Lieutenant-Governor, Coi If ftor, or Comptroller of the Cuf- P. ^in t6ms, Naval Officer . or chief Officer of the Cuftoms as forefaid, (hall falfely Jinake any fuch Cert: '■< ■ 'e, he (hall forfeit 200/. for every fuch OlTence, and his Office, ^c. and if any Mci chant, ^c. (hall falfely make any Oath required by this Aft, he (hall incur the Penalties of wilfiil and corrupt Perjury; and if any Per- fon (hall knowingly counterfeit any fuch Stamp or Certificate, or publi(h the fante knowing it to be counterltitcd, he (hall incur the Penalties of Forgery. After the 24thof j^kw, 1750, no Mill, or other Engine for flitting or rolling of Iron, or any Plating-Forge to work With a Tilt Hammer, or any Furnace for making Steel, (hall be eredlcd or continued in any of his Majelty's Colonies in America, upon Pain that every Perfon offending herein (hall, for every fuch Mill, Engine, Forge, or Furnace, forfeit :'oo/. Every fuch Mill, Engine, Forge, or Furnace, eredled or continued contrary to the Direftions of this Adt, (hall be d.-emed a common Nuifance j and every Go- vernor, Off. of any of his Majefty'^ Colonics in America, where any fuch Mill, Gfc. fl\all be erefted or continued, (ha'l, upon Information thereof made to him by two Witneflfes upon Oath (which Oath he is to adminifter) caufe fuch Mill, (Sc. to be abated, within thirty Days after fuch Information, upon Pain of forfeiting 500/. for every fuch Offence, ^e. All Bar-Iron, which (hall be imported from any of the Britip Colonies in P. jj+. America into the fottaf London, (hiW be entered at the Cuftom-houfe at London ; «rtd every Bar (hall be marked or ftamped in three different P.irts, with fuch Mark as the Commiffioners of the Cuftoms (hall diredt, two of the faid Marks *t the PiftanCe of one Yard from each End of the Bar, and tlie other near tlie Middle thereof. If any Perfon (hall counterfeit, deftroy, or defiice any of the faid Stanips, wIthP. jas. an Intent to convey the fame to any Place ten Miles from the Port of London, cotttrary to this Ad, and be legally convifted thereof, he (hall forfeit 100/. Gfc. Bvt^ Gi^erriof, fiff . of any of his Majefty's Coloilids iil America, fliall tranf- »j * 3 roh 1C4 p. 516. 30 c». II. OF SHIPS, OWNERS, mit, within fix Months sifter the faid 24th of 7tt«c, to the CommifTioners of Trade and PLintMions, a Certificate under his pfand and Seal of OtHcc, con- taining a particular Account of every Mill or Engine for llitting or rolling Iron, and every Plating-Forge to work with a Tilt Hammer, and every Furnace for making Steel, crcdtcd in his Colony, at the Time of the Conunenccnient of this Ai.\i exprefling therein alfo fuch of them as are ufed, and the Names of the Proprietors, and Place where ercdcd. and Number in the faid Colony ; upon P;iin of being fubjeft to the like Pen; 'ties and Forfeitures, as for any other Offence committed by them againft this Aft, &c. The Importation of Bar- Iron ic extended to all the Ports o^ Gnat-Biitain. Likewife the Claufes relating to the carrying Iron coaftwife, and by Land be- yond ten Miles from London, are rejiealed. Jloh. Rcj). Cafe. la'. V i Having now concluded that Part of the Article of Shipping, which con- cerns Exports and Imports, and inferted Abftradls from all the Laws in force relative thereto, particularly fpecifying thofe which were paffed in the Years 1779 and 1780, in Favour of the Commerce of Inland, removing the Redraints to which it was before oppreflively fubjeftedj I (liall proceed to Ibme other Particulars, refpcding the Obligations which the Mailers of Merchant-Ships, and the Seamen are under, both by the Laws of Confciencc, and tliofe of their Country. A Mafter of a Ship is appointed by the Owners under a Suppofition of his having a fufficient Capacity and Integrity to difcharge the Truft repofed in him, by a faithful, prudent, and dii'creet Management of the Ship, and Affairs committed to his Care He hath no Projxirty, either general or fpecial, in his being conftituted, though the Law looks upon him as an Officer, who mufl render and give an Account for whatfoever is put into his Cuflody and under his Direftion ; and therefore whatever Misfortunes happen, or LolTes occur, be they tlirough Negligence, Wilfulnefs, or Ignorance, eitlier in himfelf or Mari- ners, he mufl be refponfiblc. /« ctaitcerj. A Maflcr of a Ship, fo appointed hy B. Owner, treats with the Plaintiff" to take the Ship to freight for 80 Tons, to fail from London to Falmouth, and fo ' • • from thence to Barcelona, witliout altering the Voyage, and there to unlade, at a certain Rate per Ton : And to perform this the Mafler and Merchant entered into a Charterparty ; the former obliging the Ship and her Appurtenances (va- lued at 300/.) though the Owners of the Ship were no Parties thereunto ; the Mafler deviates and commits Barretry, and tne Merchant thereby becomes a Sufferer in the Lofs of his Voyage and Goods, for the Merchandize (being Fiih) arrived not till Lent was palfed, and then rotten. The Fadior, to whom the Cargo went configned, in order to procure Satisfadlion for his Employer, fueth the Mafler in the Court of Admiralty at Barcelona, and upon an Appeal to a higher Court in Spain, obtains Sentence againfl the Mafler and the Ship ; which coming to the Merchant's Hands, the Owner brings an Aftion of Tro- ver for the Ship j the Mafler fues in Chancery to flop the Suit, and another brought by the Owner for Freight, claiming Dedudlions out of both, for his Damages fuftained by the Mafler 's Breach of Articles ; for if the Owner gives Authority to the Mafler to contradt, he fhall bear the Lofs ; but in Cafe of Bot- tomry after the Voyage begun, the Mafler cannot oblige the Owner beyoad the Value of the Ship ; but this Cafe is on Coniiaifl. Lord Chancellor. The Charterparty values the Ship at a certain Rate,* and you Ihall not oblige the Owners farther, and that only with Relation to the Freight, not to the Value of the Ship j the Mafler is liable to the Deviation and Barretry, but not the Owners j elfe Mailers would be Owners of all Men's Ships and Eflate. Mich. ig. The Mafler of a Ship buying provifions for a Ship, and having Money from Car. II. (}^g Owners to pay for Provifions, neverthelefs takes them upon Credit, and fails. The Owners are liable to pay the Debt in Proportion to their refpedtive Shares in the Ship. J Vem. 643. The Mafler of the Ship took Beef, Sails, Csff . on Credit, and failed j the /» chanctr}, Owncrs wcfC obliged to pay, and not allowed to defend themfelves, by infifl- •7 9 ing Jure Mar. P, 2jO. P\M CAPTAINS, AND SAILORS lOJ ing that the Matter was hablc only, and that they had given him Money fo pay the PlaintitF. He i^ hut their Servant, and therefore for his Piirchafcs they arc anfweralile, and cc.uiniie fo till he has paid the Creditor, though they gave hiin ? ^oncy for that Purjwfe. As foon as Merchandizes, or other Commodities, arc put aboard a Ship, whether (he be ridin,; in Port, Haven, or any other Part of the Seas, he that is ExiTcitor Navii (Maftcr of her) is chargeable therewith, and if the fame be there loft or purloined, or fuftain any Damage, whether in the Haven or Port, F. Naut. before, or upon the Seas, after (lie is on her Voyage, cither by the Mariners '|^'»"P^^'^^-^^ or by any other through their Pcrmill'ion, he that is the Commander muft ^.^ ^". e". 7, anjWer the Damage, for the very Lading the Goods aboard the Ship fubjedts him thereto. And with this agrees the Common Law, where it was adjudged, i Mod. 85. that Cioods being fcnt aboard a Ship, and the Mafter having figncd his Bills *«^J-^ ''o- of Lading for the fame, the Goods were ftowed ; am.', under Pretence of being ',jn."*' Prcfs-Mafters, divers Perfons, in the Night, entered the Ship, and robbed » K^'l>- «6<»" her of tho((: Goods; the Merchant brought an Adtion at Cowwow Z.fl'U' againft J,, ,'jj ,^5| the Matter j and the Queftion was, wl '.her he rtiould anfwer the fame ; for it was alledgcd on his Part, that there was no Default or Negligence in him, as he had a futticient Guard, the Goods were all locked up under Hatches, and the Thieves came as Prcfs-Majicrs, and by Force robbed the Ship; and that the fame was Vis Major * , which he could not prevent : And laftly, that though he was Maftcr, or Exercttor Navis, yet he had no Share in the Ship, and was but in the Nature of a Servant, adting for a Salary. But notwith- ftanding, it was adjudged to tlie Plaintiff; for the Mafter at his Peril muft fee that all Things be forthcoming which arc delivered to him, let what Ac- cident foevcr happen (the Adl of God, or an Enemy, Perils and Dangers of the Seas only excepted) but for Fire, Thieves and the like he muft anfwcr j and is in the Nature of a -f- common Carrier ; and that though 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 Eledlion to charge either Mafter or Owners, or both, at his Pleafure, though he can have but one Satisfadtion. If a Mafter ftiall receive Goods at the Wharf, or Key, or (hall fend his Boat for the fame, and they happen to be loft, he ttiall likewife anfwer both by the Marine and Common Law, Mayor an J Com. Je London, againjl Hunt. Error of Judgement in B. R. in Aflumpfit brought by the Mayor and Com- monalty againft Hunt, where they declared of a Cuftom that they and their Predeceffors, Mayors, &c. had of every Mafter of a Ship 8/. per Ton, for every Ton of Cheefe brought from any Place in England, to the Port of London, ab Oriente dc London Bridge (to the Eaftward of London Bridge) in the Name of VVeighage j and that tiie Defendant being Mafter of a Ship had brought to the Port of London fo many Tons which at that Rate cau.j to fo much, which he had not paid ; upon non ylff'umpjit, Verdidt and Judgement for the j Lev. 37^ Plaintiff. Upon which Hunt the Defendant brought a Writ of Error, and two Errors were afllgncd : 1. That the Adlion did not lie agi>inft the Mafter, but that the Duty was due from the Merchants, Owners of the Goods -, but the Judgement was affirmed, for that the Mafter is entrufted with the Goods and hath a Rccompcnce from the Merchants for bringing the Goods, and is refponfible for them, and therefore ftiall 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 (hipped, and an Embargo or Reftraint is afterwards iffued hy Digfft.Lib. g. the Prince or State where the Mafter then is, and then he breaks Ground or'"' '• ^'S' endeavours to fail away, and in Confequence thereof any Damages enfucs, he Ihall 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 ^owa contrabanda. * The which the Civil Law does romctimei allonr. + Ro}. 105. F. N. B. 104 b. ift. In(t. 89. 4 Co. 84. ;iMo. 876. Hi,h.\-J.\%, /"o//^. 178, 179. Cr«. 7«r. 188, 189, }}0, }]!. £a/i. 388. I fM'. 36. E c A Ship 1 rii 106 I? H,n. VI I F.I. C. II. n and 14 t.';.. n. C. II. S. 14, i7«f.c.i?. I z Car. 11, C. 18. I i. KiiyrinJ. //i/'.-. icrf. Bi.J. T.J. 1^ fly Km J- P. 152. Bmvn vcrf. Cojinr.lyttt, S. C. I 5rt.'*. 33. C'«r/i. 5i8.Ld. ^ out of the Jurifdidtion of the Admiralty ; and fo vice verj'a, if the Service was done upon the L.tnd, and tlic Contrad upon the Sea, 12 Co. 79, 80. Stuutif. ^i,b.H»l>. 217. A Confultation is always denied in Cafe of a Suit by Mariners, if there is a Cbar- ttr-party j and x\vt ScaUng of a Writing cannot iiukc any Difference in Reafon, Riiym. 3. A I'rohihition granted where the Mafter hbellcd alone; znd i contra, it was laid for the Defendant, that the Cafe of Mariners was now fettled, and ought not to be ftirred j but that the great Reafon wliy they arc permitted tq fue there is^. the Ship is the Debtor, and by tiic Law of the Admiralty they may attach her, which tliey cannot do by the Common Law ; and m th Admi- ralty Court they may all join in Suit, whereas by the Common Law they muft bring feveral Adtions : That the Cafe of the Maftcr is not different, for the Ship is Security to him, and he is but a Mariner, and his Wages are Waees at Sea ; but however, where the M;.(ler dies in ihe Voyage, as ne did in this Cafe, there can be no Reafon to exclude his Executors from fuing in the Ad- miralty, bccauit: he had no Opportunity of bringing his Wages to Account with tlie Owners. And in 2 l^ent. 181. yJ/ii/jnv. Marlh, the Furfer, though an Officer of the Ship, was allowed to fuc for his Wages in the Admiralty. And in 2 Keb. 779. pi. 6. Rex. v. Piie, a Prohibition was denied where the Mafter and Mariners joined in a Suit in the Admiralty for tlieir Wages (bu; Holt faid, tliat a Prohibition ought to have been granted quoad in the fiid Cafe) and he cited a Cafe ////. 27. and 28 Car. II. C. ii. between CW'?«- and Older, where Atkins and EUh, Jullices, were of Opinion, that a Pro bitioa ought to be granted to the Suit in the Admiralty Court, by the Mafter \ii a Ship for his Wages, though North, Chief Jullice, and U'yndham, Juftice, held the con- trary Opinion. But Holt, Q\\vi Jullice, faid, that it is an Indulgence, that the Courts at Wejiminjlcr permit Mariners to fue for their Wages in the Ad- miralty Court, bccaufe they may all join in Suit ; and it is grounded upon the Principle, Siuod communis Error facit Jus, but they will not extend it to the Mafter of the Ship, cfpecially if he was Mafter at the Beginning of the Voyage here in Engltind, and the Contrail was made witli him here. FolTibly if the Mafter of a Sliip died in the Voyage, and another Man took upon him the Charge of the Snip upon the Sea, fuch Cafe might be different. As in the Cafe of Crofii-ick v. Louthjh, where it was held in this Court laf^ly, that if fi Ship was hypothecated, and Money borrowed upon her at Amjlerdam, upon the Voyage, he who lent the Money may fue in the Admiralty for it j and this Court granted a Coniultation in tnat Cafe: But in another Cafe, where the Money was borrowed upon the Ship before the Voyage, the King's Bench granted a Prohibition, and the Parties acquicfced under it. There are many Precedents in the Court of Admiralty of Suits by the Mariners for their Wages, but none for tlie Mafter of the Smp: And the Cafes differ; for the Mariners contrad: upon tlie Credit of the Ship, and the Mafter upon the Credit of the Owners of the Ship, of whom generally he is one. Off. It was moved, that the Court would compel the Plaintiff to put in Bail to the Adtion to be brpught for the Wages at Common Law, or otherwife deny the Prohibition, which it vras liiid had been done often : Holt, Chief Juftice, confeffed that the Court ha4 fometimes intcrpofed, and procured Bail to be given, but it was by Confent, and in Caic of the Proprietor himfelf ; but in Regard that in this Cafe the Plain- tiff was a Purchafer without Notice, there was no Reafon, and a Prohihitipn was granted. Ballam libelled in the Admiralty againft a Ship of Norway, for that flie s. C. 1 s,n. kdng ia great Diftrefs for Want of m Anchor aad Cable, the AiWlCf «ootia . ..,:.u h^-f •}-"{' with p. 805, Sg6. m T 108 OF SHIPS, OWNERS, with Balliim, who delivered them on board, (Sc. upon which a Motion wa.<* . made in this Court for a Prohibition to be dircdlcd to the ludijc of the Ailmi- 7^',''v!*fff "''y* n was granted : But, at the Importunity , of the Defendant's Council, the Court gave Order that the PlaintiiF (hould de- clare upon it, ©'(T. R.C.^nrt.jf. Watson was Mafter of a Merchant Ship, which was taken at Sea by a y-^-'^^J'"""'^' French Privateer 5 IVatJbn agreed with the Captain of the Privateer for the 9J3.qj+. ' Ranfom of the Ship and Goods at 1200/. and as a Pledge or Security for the Jra»/,r vcrf. Payment of the Money, fVat/in was detained and carried into France j but the 7<"»//^Tcrm. Ship and Goods were relealbd, and brought into Brtjiol, where the Ship was xc unladed, and the Goods landed (after Cuftom paid) and delivered to one £><7y ; but whether in Truft for the Benefit of the Mafter, or for the Ufe of the Owners, was not agreed. IVatfon commences his Suit in the Court of Adnxi- lalty againft the Owners, to compel them to pay the 1 200/. and redeem him : and thereupon a Warrant was i(rued out of that Court to arreft the Ship and Goods, in quddam cauji fakagii, in order to compel the Defendant to appear there, and tne Ship and Goods were feized thereon : A Prohibition was prayed as to the Goods, fuggefting the Seizure on Land infra corpus comitat&s, and fo not within their Jurimidtion ; it was infifted, that the Ma(tcr had no Power to make fuch an Agreement, nor to fubj*.-^ the Goods to the payment of his Ran- fom, without the exprefs Authority ar,d Confent of his Owners. The Power of Hypothecation in a Voyaee for Nect.Taries is incident to his Office, and al- lowed for the NecefTity of the Thing, and the Benefit of the Owner j but this is not fo, for this is a Redemption, 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 unreafonable, and to compel them to pay more than the Snip and Goods are worth, as the Agreement in this Cafe is r ^ , Befides, the Power of the Mafter is only over the Ship, and he has no Power ' over the Goods and Lading to make any Difpofition thereof; admitting the Mafter has fuch Power to fubjedl the Goods to the Payment of his Ranfom, 3 y«' Ann I ginx. ■*v!; C A P T A I N S, A N D S A I L O U S. 109 Vet he ought not to brinj^ tlic Suit in his own Name, but the Suit ought to be laninl on in the Name of the Vendee, or I'urthafcr of the (Jofnls. Ad- mitting this Suit proper, yet the Seizure is illegal ; for the t'oiirt of Adnii- rahy cannot aw.inl futh I'roiels 1 is their fi.W I'rocel's to K)in|Kl the Party to appear is in the Nature of an Fxecution ajji'"'^ ''i«-' ^><'OtlH, ami they can no more begin with fuch I'roeel's than an inferior Court ; and as a I'rohibitiorj (li.ill he awariled to any inferior Court, in fueh Cafeir, lu ought it in this, though the Party have not yet appealed, nor any Libel Ik- as yet exhibited j and lb was it done in the Call- of Capt. Sii//i/s and Sir Jo/iiii CVv//, ^ H'i/J. itm\ Mar. On the other Side it w.\s infilled, that no Prohibition ougiit to go in tliis5«tf. 31. C:\(c, for lh.it the Mailer h.i^ i'ower in this Cale, to fubje.'t tlie (J' ods to the Payment of his Redemption ; and it is founded on the (^»mc Re-.M> " as his l*owcr of Hypoiheeation, the Nceeflity of the Thing, and the H^'. "ii of the Owners, by ji.srting wilh lon^c I'art of the (Joods to favc tlie » Iiiitcil6i, &f. As to the ()iV)cclion thit the Suit /'/ lurhi (ulmiralitut'ls ougiit not to be in the Mafter's Name, it was anlWered, that it is moll proper in his Name, for the Captors to- whom the Ranfom be- longs, and who have tlie Mailer in their CuftrKly, cannot fue in their own Name, bccaufe tliey arc Enemies i but if the Suit be not carried on Iwtwecn proper Parties, it is gootl Caule for an Ap|ical, and fliall be determined by the Rules of the Marine Law, but it is no (Jrouiid for a Prohibition. But admit- ting the Merits of the Caufe to be againft the Mailer, yet the Owners come too foon for a Prohibition before they have apiK-ared, and before any Libel exhibited, fo that it cannot appear to this Court what the Nature of the Suit is. The Court dclircd to hear a Civilian before they made r.ny Ride in this Cafe, and accordingly Dr. Litnc attended for the IMaintift' in curia iulmiralitiitis : He argued, that Salvage, or ctii/Jli /ii/veigii, as is mentioned in the Warrant, is of Admiralty Jurifdiilion ; tliat the Mailer reprefents both the Owners of the Ship and the Traders, and has a Yruft rcpofed in him, which extends to the Coods as well as the Ship ; the Mailer may detain the Goods of the Merchant fur tlie i'reight of the Sliip or Wages of iXIarincrs. The Mailer in thi:; Cafe, by the Marine Law, hath an Hypothecation of the Goods to him, to keep till I'ayment be made of the Money agreed, and not only a bare Polltdion ; and tlurefore though he depart with the PoflelTion of the Goods before i'ayment, tlKit docs not divert his Intereft. The Goods were in the Power and Pollellioii of the Enemy, who might have kept or deftroyed them all, if they had not been redeemed by the Maftcr, which is for the Benefit of the Owners. Re- demption, is a Redemption by the Mafter, who gives Security for the Payment of the Money agreed, by fwbjeding his Pcrfon as a Pawn or Pledge, fo that he has, as it were, paid for tlie Goods. This Power of Redemption is not founded on tlie R/joJian Laws, or the Laws of Oleron, 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 no Prohibition fliould be granted in tills Cafe. Holt, Chief Juftice, faid, that it feemcd very juft and reafonable in thit; Cal'e, that the Owners of the Goods ought to pay the Redemption. If a Pirate ihould take tlic Ship and Goods, and the Mafter redeem them, the Owners fliall make him Satisfadlion ; and then much more in this Cafe, when taken by an Enemy. When the Mafter makes a Compolition for the Benefit of the Owners, it is highly reafonable that he fliould be indemni- fied. The whole Ship and Goods would have been Prize, if he had not made this Compolition ; therefore where there is an inftant Danger of lofing Ship and (ioods (as in this Cafe, when they were under the Capture and Power of the Enemy) and no hopes of laving them then appears (though after\\'ards it ,"•- Ff may no I S.C.Sali.3^. Ld. Ri]ymcftiJ, V.aiz, 98J. an(f9S4. *//7>///)''rerm, 2 .Inn. Keg, Jehnjin vcri', ihifftn. Vide ante. in hi/cri. OF SHIPS, OWNERS, may happen that the Ship may be refcued on frefli Purfuit) cannot the Mafter make fuch an Agreement as this, as well as he may throw part of the Goods overboard in Cafe of a Tempeft, to fave the Reft ? The Mafter has the Cuf- tody and Care of the Ship and Goods : Suppofing then that the Mafter has futli a Power oi 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 confidcred, 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. Tliefe Things are confiderable if we go into the Merits of the Caufe, but that not being before us, I give no Opinion therein. A Ship was outward bound to and being inDiftrefs at Sea in her Voyage put into Bojion in NcW'England, and there the Mafter took up Money, which he applied in Neceifaries for the Ship j and, as a Security for the Repayment, by Way of Hypothf cation, 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 Darnall moved for a Prohibition, and a Day was given to hear Counfel on both Sides. On the Day, Serjeant Darnall infifted, that as this Cafe is, there ought to go a Prohibition, becaufe it appears, upon the Face of the Libel, that this Hy- potliecation was upon Land in Port, viz. at Bojion, and not upon the Sea, as it ought to be, to give that Court a Jurifdiclion. Befides this appears to be a BiU of Sale of Part of the Ship, upon which the Party may have his Remedy at Common Law, and not a proper Hypothecation. Alfo the Proceedings are againft the Owners as well as againft the Ship j and, if the Owners are liable, they are chargeable at Common Law. Mr. Chejl.yre 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 Cojlard and Lcuthejly, Trin. i Wil. & Mar. where the Hypothecation was in Port, viz. z.X Rotter Jam. The fame was adjudged here, Hil. 1696, be- t\Ncen Bi'iwir and JeJ'rys -, and about a Year fince between "Jujiin and Ballam, a Prohibition was granted, becaufe it did not appear there was any Hypothe- cation. In this Cal'e the Neceffity of the Tiling requires that it be done at Land and it would be prejudicial to Navigation, if this Suit in the Admiralty ftiould not be. Holt, Chief Juftice. The Cafe of Cojlard and Louthcjly was the fame as this j and there, on a Demurrer to a Declaration in a Prohibition, a Confultation was awarded by the whole Court. When an Hypothecation is made, either for Money to buy NecefTaries, or for Neceflaries for the Ship in a Voyage, the Court of Admiralty have a Jurifdidtion, for the Party has no other Remedy j we cannot give him any Remedy againft the Ship ; and if the Suit there Ihould not be allowed, the Mafter will have no Credit to take up Neceflaries for the Ufc of the Ship. Poivcl, Juftice, of the fame Opinion. . . <, Holt, Chief Juftice. No Mafter of a Ship can have Credit abroad, but upon the Security by Hypothecation ; and ftiall we hinder the Court of Admiralty from giving Remedy, when we can give none ourfclves ? It will be the grcatcft 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 witliin the Jurifdi Charges, Cuftoms or Imports, to the Hazard of any Part of his Lading; yet if*** he offers that which is due and he ought to pay, then he is excufed. Boats, Anchors, and Sails are diftrainable if the Mafter refufeS to pay Port Duties, but no Part of the Cargo, for the Ship and its Mafters are anfwerable Ibr thefe Duties, as was adjudged in Favour of the Mayor and BurgelTes of Ne-wcajlte, Salkeht 2i^(), Michaelmas Term, lo JVill. III. But Chief Juftice flbA gave a fepnratc Opinion from the Court, that the Cargo is lilcewife liable. It is, however, the flifeft Way to diftrain Things belonging to the Ship, or to the Mafter. In fome foreign Ports it is the Praftice, upon any Difpute refpedting the Pay- ment of Harbour Dues and Fees, and the Refufal of the Payment of Debts contradted by the Mafter, to unhang the Rudder of tlie Ship, and to deliver it to the Quay-Mafter or feme other Officer of the Place, till the Matter in Litigation is decided, or Satisfadtion is made for the Demands of the Creditors on the Mafter. This is the eftublifhed Cuftom at Oftend in particular, and as it abfolutely pre- vents the Sailing of a Ship on her Voyage, fliould be carefully attended to by the Owners and Freighters, in tlieir Orders to their Agents in fuch Ports, that they may readily make thcmfelves refpoiifible in fuch Cafes, and thereby guard againft the Confequences of the obftinacy and Perverfenefs of many ivlaflers, who very often •will not fubmit to the Advice of the Agent or Fadtor to whom the Ship is configned. Every Mafter ought carefully to examine his Rigging and Taciile before pro- ceeding on a Voyage, that he may not fail '.vith any infutficient and defedlive j nor ought he to go with fewei- or fmaller Cables than is ufualand requifite fora Ship of equal Burthen with his j for, if any Damage happens in delivering the Goods, either in a Lighter or otherwife, by the breaking of a Rope or the like, he muft be anfwerable for it ; but when once out of his Cuftody, he is no further refponfible j fo that if on taking them out of the Lighter at the Wharf or Key, they are any Ways damnified, the Wharfinger then (and not the Mafter) 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 Mafter to fend a competent Number of his Mariners to look to the T lerchandife, and if then any Part thereof be loft or embezzled, the Mafter is refponfible*, and not the Wharfinger J but if fuch Goods are to be lent on beard a Ship, there the Wharfinger at his Peril muft take Care that the fame be preferved. On his Arrival at his deftined Port, his firft Care fhould be to fee his Ship well ,iEliz.C.n. anchored and moored, and, after fhe is rcladen, not to depart till ftie is cleared; t^Car.lU lor if any Damage happens through his, or his Mariner's Fault or Negledt, whereby ^' ^' the Cargo is prejudiced, he muft anfwer the fame. If there is a Conful or Vice Conful appointed by his Sovereign, or by any Commercial Company authorifed by the Crown, to appoint fucTi an Oriicer, refident at the Port where any merchant Ship arrives, it is tile Duty of the Mafter to report his Arrival with his own Name, the Name of the Ship, and whereof her Cargo principally confifts, and to put himfelf under his Protcdliou, as far as his Authority extends, during his Stay in Port. If the Mafter docs not conform to the legal Orders of the Conful of his Nation, and aiiy AccUctit or Damage • P.ifeh. 26 Car. ruled at QuUahall by L. C. Mt. 112 ''I Digeft. L. CuminDcbi- to K. lie ?■>■ bu. Lib. I. Cod, dc Navibus nan cxcuft I RoUi Abr. timti terf. Ud>. II, 12. Latch 252. Soy 56. jUo. 918. C. 3. II Sa:k. .14 pi. I 2 Vtrmn 64.; //f Chance} J OF SHIPS, OWNERS, Damage happens to his Ship or Cargo, he will be aiu'wenihle, and not the Owners or Freighters. As in the following Caie: A Mailer of an Englilh Ship had moored her in the Harbour of Oiknd, in a Place judged improper by the Quay-Maftcr ; on being ordered to remove her to another, he refufed to obey either the Quay-Mafter, or the Conful, Tlie Quay-Mailer thereupon cut the Cables, and the Ship being adrift, bulged againll the oppolite Side of the Hafon, and was confiderably damaged. The Conful, at the Requell of the Merchant to whom the Cargo was conligned, protefted againll the Mailer, in Favour of the Owners, and he paid the Damages. He would have been imprifoncd by the Magiftrates of Ollend, if the Conful had not interceded. And as the L.aw fubje(5ts him to the aforefaid Things in Port, fb it does to many others in his Voyage ; as that if he deviates in his Courfe without juft Caufe, or fteers a dangerous and unufual one, when he may liave a more fecure PalTage. (though to avoid illegal Impofitions he may fomevvhat change it) ; nor may he fiil by Places infefted by Pirates, Enemies, or otiier Places notorioully known to be unfafe, nor engage his VelTel among Rocks, or remarkable Sands, not being neceflitated thereto by Violence of Wind and Weather, or deluded by falib Lights. No Mafler is anfwerable for the Contrails of his Mariners, unlefs he has recommended them to Credit, but they may be detained for Debts, or Mif- denieanours. He that will charge a Mailer with a fault in Relation to his Duty, by the Marine Law, mull not think that a general Charge is fuHicient, but he'ought to alfign and fpecify the very Fault wherewith he is fo charged. So he that will infer, that fucli or fuch a fad Dilallcr liath happened, or been occalioned by Reafon of fome fault in the Mariners, muft not only prove the Fault itfclf, but mull alio prove the Fault did difpofe to fuch a fad Event ; or that fuch a Misfortune could not have happened, without fuch a Fault precedent. If an Infant, being Mailer of a Ship, contracfls to bring Goods from any Port to England, and there to deliver them, but does not deliver them according to Agreement, but walles and confumes them, he may be fued in the Admiralty Court although he be an Infant ; for this Suit is but in Nature of a Detinue or a Trover and Coni'crjion at the common Lawj and a Prohibition denied for that Caufe. A Mailer can let out his Veflel to freight, take in Goods and Paflengers, mend and furnilh his Ship, and to that Efl'cdt he may (if need be) in a llrange Country, borrow Money upon the Ship, fome of the Tacl;le, or fell fome of the Merchan- dife; and in this latter Cafe, the highcll Price that the Remainder is fjjld for, mull be paid to the Merchant or Owner of them, who in Return mull pay freight as well for what (through Necelfity) was fo fold, as for what remained. Leg. Olcron I . But if the Ship in the Voyage afterwards lliould happen to be call away, then only Avail be tendered the Price that the Goods were bought for. By the CoMinou Law, the Mailer of a Ship Ihould not impawn the Ship or Goods ; for any Property, either general or Ipecial, was not him in, nor is fuch Power given unto him by the conllituting of him a Mailer. Yet the Commoit Law hath held the Law of Olercn reafonable, that if a fliip fpriiigs a Leak at Sea, or is in Want of Viftuals and other Neceflaries, whereby Ihe is either in Danger, or the \'oyage may be defeated, that in fuch Cafe of Necelfity the Mailer , may impawn for Money, or other Things, to relieve fuch Extremities, by em- ploying the fame to that End -, and therefore he being the Perfon trulled with the Ship and the Voyage may be reafonably thought to have the Power given to him implicitly, rather than to fee the v hjle loll. The Mafter of a Ship putting into Port by Strefs of Weather on his Voyage, and having no Money may hypothecate, or mortgage the Ship, for Neceflaries or Repairs, and the Owners mull indemnify him ; but he cannot fell the Ship, neither ought he, except in the Cafe of extreme Necellity, to fell any Part of his Cargo. Indeed this Necellity can fcarceever happen, uiiicfs a Ship is dri- ven into a Place inhabited by Barbarians j for it is ufual in the Ports of all civi-. lized Nations, to take the Mailer's Bills of Exchange on the Owners or Frcigh-i tcr» for Repairs or Provifions. But \^ CAPTAINS, AND SAILORS. "3 Kulls oils H'ilf. But if the Mafter takes up Money to repair or vidtual a Ship when tliere is no Occafion, he only fliall become Debtor ; or if he takes up more Money tlian was neceffary, fo that the Lender advances a far greater Sum than was wanted, the Owners rtiall not be liable j for this would be to encourage Collufion be- tween the Mafters and Foreign Agents or Merchants fupplying them, fuppofing both to have fraudulent Defigns. The Mafter therefore ought to be furni/hed by the Party who has undertaken the Repairs or Vidualling in the Foreign Port, with fair attefted Bills of the neceffary Adts done for the Ship, and of the Money ad- vanced for the fame. But a Mafter for any Debt of his own cannot legally impawn or hypothecate the Sjiip, &c. for the ftme is no ways liable, but in Cafe of neceffity, for the Relief and completing of tlie Voyage. Nor can he fell or difpofe of the fame without an Authority or Licence i S"/'^/: 453 from the Owners; and when he does impawn or hypothecate the Veffcl or']^'^^ ' Furniture, he ought to have the confent and advice of his Mariners. 2. A Ship being repaired, &V. in the thames, he is not liable, but the Owners. ^'^^ Though the Mafter cannot on every Cafe of Neceffity imp.awn the Veffcl or l. //,,,«. 152 Furniture, for if flie be freighted, and he being (an Owner) is tr join with the Jui'ge"";"' reft in buying Provifions for the Voyage, and perhaps he wants Money (a threat Sign of Necetruy) yet cannot he impawn the Veffel or Furniture, otherwife, or for more, than his own Share in her, the which he may transfer and grant, as a Man may do an eighth or fifth Part in Land or Houfes ; but fuch Obligation of the Vefffl muft be in foreign P;'rts or Places where the Calamity or Neceffity is univerfal on the Veffel, that will oblige all the Owners. If the Veffel happens afterwards to be caft away, and the Mariners by their great Pains and Care recover fome of the Wreck and Lading, the Mafter in that Cafe may pledge the fime, and diftribute the Produdl among his diftrelfed Sail- on;, in order to their carrying them home to their own Country ; But, if the Mariners no Way contributed to the Salvage, then their Reward is loft and funk witli the Veffcl. And if there be any confiderable Part of tlic Cargo faved, he Ditto, C. 3, ougiit not to dilmifs the Mariners till Advice from the Freigiiters or Laders; for otherwife, perchance, lie may be made liable. If Merchants freight a Veficl at their own Charges, and fct her to Sea, and Lg. OUm, flic happens afterwards to be weather-bound, the Mafter may impawn either ^■'^' the Ship or lading at his Ple.ffure, or at lealt fuch as he could moft conveni- ently raifc Money on, rather than Ice the whole Voyage overfet or loft; and, if he cannot pawn, the Lading, lie may fell the fame, Jiat is, fo much as is neceffiry; in all which Cafes his Adt obliges ; however, Orders and Inftrudtions from his Owners are as carefully to be regarded and followed as the Magnet. When a Mafter rtiall arrive with his Ship at Grave fen J, he ftiall not be above 1 » Car. II. three Days coming from thence to the Place of Difcharge ; nor is he tc touch at ''' ' ^' any Quay or Wharf till he comes to Chejhr Quay, unlefs hindered by contrary Windsor D.aught of Water, or other juft Impediment, to be allowed by the Oriiccrs : And likewife he or his Purfer are there to make Oath of the Birthen, Contents, and Lading of his Ship; and of the Marks, Number, Contei.cs, and C^aliiies of every Parcel of Goods therein laden, to the beft of his Knowledge ; alio wliere, and in what Port, rtie took her Lading, in 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 requires, and make Entries on Pain of 100/. Nor is fuch a Mafter to lade aboard any Goods outward to any Place whatfoever, without entering the Ship at the Cuftom-houfe, her Captain, Mafter, Burthen, Guns, Ammunition, and to what Place rtie intends, and before Departure to bring in aNote under his Hand, of every Merchant that ihall have laid aboard any Goods, together with the Marks and Numbers of fuch Goods, and be fworn as to the fame, on Pain of 100/. Now, There is a Lift of all foreign built Ships in the Exchequer. ^ The Mate of a Ship, as well as a iinglc Mariner (or a Number of them) may Ld.%/»»»a. fue in the Admiralty Court for their Wages, as the Mate only differs from the ''• 39"' ^i^- S;ulors in Title, being a Servant to the Mafter with whom he contradts as the Mariners do. ^ G g Upon ii4 OF SHIPS, 0\VNtK^, ilil !•. Kmmoiiat V.toy Ditto, P. 121 I, tin. Mich. Term. 4 .V««. R.e. H igpi'is vcrl. »erf. Miadt. Lil. KaymnJ, V. I4j8. JJrorx'/i verf. ^m" .^ alios. £«y/. Term. 5 ^^««r. Reg. 7 .inJ 8 »',7;, III. C. 21. S. 10. Ktto.S. t and 9 IViH. XII. C. ii. 6.6. Upon a Motion for a new Trial in an AtStion for a Seam.in's Wages, Half, Chief Juftice, fiiid, that \i the Ship be loft before the firft Port of Delivery, thai the Seamen lofe all their Wages ; but, if after (he has been at the firft Port of Delivery, then they lofe only thofa from tlie laft Port of Delivery ; but if they run away, although they have been at a Port of Delivery, yet they lofe all their Wages. Ex relatione m'ri Jiuoi. If a Ship be taken by thf Enemy before fhe arrives at her firft Port of Deli- very, the Seamen cannot recover any Wages; butif (he has delivered her Cargo, and is taken on her Return, they will recovet" Wages for the outward-bound Voyage, and half the Time of delivering the Cargo at the firft Port of Delivery, and no more. As was adjudged in the Cafe of Seamen belonging to an Eaft Indiaman, taken by the French on her Return Home, by Chief Juftice Halt. See Raymond's Reports 739, 10 IVi//. III. In an Aftion brought for Mariners' Wages, for a Voyage from Caf^lina to London, it appeared, that the Plaintiff" ferved three or four Months j and before the Ship came to London, which was the delivering Port, he was impreflcd into the Queen's Service, and afterwards the Ship arrived at the delivering Port ; and ruled by Ho/t on Evidence at Guildhall, that the Plaintiff (hould recover pro tanto as he fer\'ed, the Ship coining fafe to the delivering Port. Afterwards, in ano- ther Caufe in fuch an Adion it appeared that the Plaintiff' was hired by the Defen- dant at Caroliiiii, to ferve on board the Jane Sloop, whereof the Defendant was Maftcr, from Carolina to England, at 3/. per Month ; that he ferved two Months, then the Sliip was taken by a French Privateer, and ranfomed, and, juft ns (h's cams oS Plymouth, the Plaiiitiff" was imprefled, (^c. and then the Ship came fati: into the River Thames, where fi.c difpofed of her Cargo ; and, by Holt tii!> flaintifl^ can have no Wages, the Ship having been taken by the Enemy and r.in* fomed. Mr. Raymond inlifted that in that Cafe he ftiould recover />r-9 rain, and that the Ufage among Merchants was fo ; which Holt faid, if he could prove, it would do; but, wanting Proof of it, the Plaintiff was nonfuited. The Suit here was for Seamen's Wages, upon the Arrival of the Ship at Guinea. Powell, Juftice, faid, he remembered a Cale of the like Nature, where a Suit was commenced in the Court of Admiralty, by Sailors for their Wages, upon the Ar- rival of the Ship at Newfoundland ; and though ihe Merchants all held it no Port of Delivery, yet the Court of Admiralty held it the contrary, and fo did the Court of Common-Pleas, upon a Motion for a Prohibition. Every Seaman that fhall ferve in any of his Majefty's Ships, or in any Ship be- longing to any Subject of his Majefty's Dominions, Ihall allow out of tK»: Wages for fuch Service 6d. per Men/em, for Support of Greenwich Hofpital, &c. which monthly Allowance (hall be colledled as fhall be appointed by the Conimif- fioners for executing the Office of Lord High Admiral. Licences fliall be given, by Order of his Majefty, or the Commiflioners l f the Admiralty, to any Landmen defirous to apply themfelvcs to the Sea-Service, to ferve in Merchant Ships or other trading Veffels, which ftiall be a Proteiflion againft being imprefled, for two Years following the Date of fuch Licence ; pro- vided that fuch Landmen bring to the Regifter two Inhabitants, or known in t!ic Place where they fo enter themfelves, who (hall alfert their Knowledge of fuch Landmen for two Years paft, and in what Bufincfs they have known tliem ei.iployedj and, if any Perfon flii..! vouch any one for a Landman who flial! be proved to be a Seaman, he (hall forfeit 20/. and any Seaman taking another's Name, or any Perfon counterfeiting any Licence, ihall forfeit 20/. and be liable to fuch further Puniflinjent, as by Law may be inflidlcJ for fuch Mildemeanonr. For the better cclledting the Duty oibd.per Menfem, granted by tiie 7 Wil' . III. Cap. ai. it fliall be lawful for the Commiflioners 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 fucli Ships; and if fuch Mafters (hall refufc to appear, or (hall obftinately refufe to give a Difcovery of the Matters aforcfaid, upon their Oaths, fuch Offenders (hall forfeit I o/. to the Ufes mentioned in the faid Aift, to be recovered by Adtion, Qf S II IPS, O \V N E R S, a An S.7- , C. 6. Ditto, S. 8. Ditto. S. 9, Ditto, S. 10 Ditto, S. 1 1 Ditto, S. II I'M bylrtdcnture, turn ever fuch poor Boy Apprentice to any Mafter otfucli Ship, for the remaining Time of his Apprenticc(hip ; all which Indentures ot" Affign- ment are to be regiftered, and Certificates thereof tranfmitted, by fuch Collciitor at the Ports wlicre fuch Parilli Apprentices (hall be fo alligned over, in Miniiir aforefaid ; and Proteftions (hall be given for fuch Apprentices, till jhey attain their Age of eighteen Years. All fuch poor Boys, till they attain their Ages of '■ighteen Years, llnll be exempted from Payment of bd. per Month to Circcnickh HoJ^ittil. Ail Mafters or Owners of Ships of thirty to lifty Tons ihall be obliged to take one fuch Apprentice, and one more for the next fifty Tons, and one more for every hundred Tons fuch Ship Hull exceed the Burthen of one hundred Tons; and fuch Mafter or Owner refufing to take fuch Apprentice, fliall forfeit 10/. for the Ufe of the Poor of the Parilh from whence fuch Boy was bound. Every Mafter or Owner of fuch Ship, after his Arrival into Port, and before he clears out, fliall give an Account under his Hand to the Collector of liich Port to which he belongs, containing the Names of fuch Apprentices as are then in his Service. Every fuch Apprentice fliall be fcnt to the Port to which his Mafter fiiill be- long by the Church wardens and Overfeers of the Paiilh from whence fuch Apprentice is bound ; the Charges to be provided, as the Charges for fending of Vagrants. The Counterpart of fuch Indentures fliall be attefted by the Colleftor at t'.ie Port (where fuch Apprentice fliall be bound or afligned over) and the Conft.iblc or other Officer, who fliall bring fuch Apprentices; which Con ftable, &c. (lull, tranfmit tlie Counterparts of fuch Indentures to the Church-wardens and Over- feers of the Parilhes from whence fuch Apprentices fliall be bound. Two Juftices of Peace, dwelling in or near the Ports, and all Mayors, Alder- men Bailiffs, and other chief Officers and Magiflrates of any City, Borough or Town corporate, in, or near adjoining to fuch Port to which fuch Ship flnll arrive, fhall have Power to enquire into, and examine, hear, and determine all Complaints of ill Ufagc from the Mafters to fuch Apprentices, and alio of all fuch as fliall voluntarily put themfelves Apprentices to the Sea Service, as afore- faid, as in other Cafes between Mafters and Apprentices. Every fuch Colleftor fliall keep a Regifter, containing, as well the Number and Burthen of fuch Ship, together with the Mafter's or Owners' Names, as alio the Names of fuch Apprentices in each Ship belonging to their Ports, and from what Pariflies fuch Apprentices were fent ; and fliall tranfmit Copies of fuch Re- gifter to the Quarter-Seffions, or to fuch Cities, Boroughs, Towns Corporate, Parifhes, or Places, when required, for which Copies no Fees fliall be taken, &c. Every Cuftom-Houfe Officer, at each of the Ports, fliall infert at the Bottom of their Cockets, the Number of Men and Boys on board the Ships, at tlieir go- ing out of every fuch Port, defcribing the Apprentices by their Namto, Ages, and Dates of their Indentures, for which no Fee fliall be taken. Every Perfon who fliall voluntarily bind himfelf Apprentice to any Mafter or Owner of a Ship fliall not be impreft into her Majefty's Sea Service iiurin;j[ three Years from the Date of the Indentures, which Indentures are to be regif- tered, and Certificates thereof tranfhiitted by fuch Collector at the Port where fuch Apprentices ftiaU bind themfelves, as aforefaid: Upon Receipt of which, Protedfions fliall be given for the faid firft three Years of their ApprenticcHiip, without Fee. Wlien Parifli Children of the Age of eighteen Years, and other voluntary Ap- prentices fliall be imprefled, or enter into her Majefty's Service, the Mafters of fuch Apprentices fliall be entitled to able Seamen's Wages for fuch of their Ap- ]jrentices as fhall upon Examination be found qualified. No Mafter fliall be obliged to take any Apprentice under the Age of thirteen 19. s. 16. Years, or who lliall not appear to be fitly qualified, both as to Health and Strength of Body for that Service ; and any Widow of the Mafter of fuch Ship, or the Exe- cutor, or Adminiftrator of fuch Mafter, who fliall have been obliged to take fuch Parifh Boys Apprentice, fhall have the fame Power of afTigning over fuch Apprentices, to any other Mafters of Ships who have not their Complement, as is / \ 2 . given Ditto, S. ij Ditto, S. 14. Ditto. S. IJ. Ditto, S. 17. 4 and ; ^nn C 1:1 il •^ CAPTAINS, AND SAILORS. i»7 given by the A&, 2 ^««. Cap. 6. to fuch Perfons as have taken Apprentices, In Piirfuance ftf tlie 43 F'-V. Cap. 2. No Pcrfon of the n^s of eighteen Years (hall have any Proteftion from her 4 and 5 v*»». Majefty's Sea Service who hive been in any Sea Service before the Time they ^ '5" ^' '^' bound thcmfelvcs Apprentices. To the Intent, that 6d. per Mcnfcm, may be effedtually collcfted, every Perfon 10 Ann. C. that fllall ferve her Majefty or any other in any of her Majefty's Ships, or in '7* ^' '• any Ships belonging to Siibjedls of Great-Britain or Ireland, or Dominions there- unto belonging, and every Mafter working in his own Ship, whether employed upon the high Sea or Coafts, or in any Port, Bay, or Creek (other than fucn Ap- prentices under the Age of eighteen Years as arc exempted from Payment of td.per Mcnjhn, by 2 Ann. Cap. 6. and Perfons employed in any Boat upon the Coafls in taking of Fifli, which are brought frefli on Shore into Great-Britain and Ireland, and Perfons employed in Boats that trade only from Place to Place, within any River, or in open Boats upon the Coafts) fliall pay the faid bd. per Men/em, for thelupportof Greenwich Hofpital. The Mafter of every Ship, not in her Majefty 's Service, is required to dedudl Ditto, S. 1, out of the Wages accruing to fuch Seamen 6d. per Men/em, and pay the fame to fuch Officers as ftiall be appointed by the Commiflioners for executing the Office of Lord High Admiral. It fhall be lawful for the Commiflioners executing the Office of Lord High i5>"o> S- j. Admiral, to appoint Receivers of the faid Duty, and to authoriie fuch Receivers to depute the Colledlors, or other Officers of thp Cuftoms, of the out Ports and of the Ports of Ireland,, or fuch other as they (hall think fit, to colledl the fame ; and it (liall be lawiul for the Commiffioners executing the Office of Lord High Admiral, to make fuch Allowance to them out of the (aid Duties as they (hall judge reafonable. It (hall be lawful for the (Iiid Receivers, or their Deputies, by Warrant to fum- Ditto, S. 4. mon all Mafters, or (in their Abfence) the Owners of Ships not in her Majefty's Service, to appear at the Office of the faid Receivers, &c. fo as the Perfon fum- moned be not obliged to travel above ten Miles) which Receivers, or their De- puties, are empowered to examine every fuch Mafter or Owner as to the Num- ■ ber and Times of Service of all Peribns belonging to fuch Sliips, who are charge- able with tlic faid bd. per McnJ'em ; and, if fuch Mafters or Owners ftiall lefufe, when fummoned (not having a reafonable Excufe) to appear, or if they ftiall ob- ftinately refufe to make difcovcry of the Matters aforefaid upon their Oaths, or fhall ncgledt to pay the Monies due to the Hofpital within fourteen Days after they (Iiall be cleared inwards, fuch Offenders (hall forfeit 200/. (fc. And if any fuch Mafter (hall attempt to go to Sea with his Ship, before he hath paid the faid Duties for the \'oyage preceding, fuch Receivers, or their Deputies, are impowered to ftop fuch Ship, and, upon the Death or Removal of any Mafter, the Owners ftiall deliver to the fucceeding Mafter a true Account of the faid Duty due to the Hofpital, and Money tufficient for the Payment of the fame, and in Default thereof, fuch Receivers or their Deputies, may ftop fuch Ship from proceeding to Sea. In all Cafes where by this Aft an Oath is required to be taken, the folemn Ditto, S. 5. Affirmation of Quakers (hall be accepted inftead of fuch Oath ; and, in Cafe any Quaker (hall, upon fuc! Affirmation, declare any Matter which (hall be falfe, or if any otiier Perfon iTiall, purfuant to this Aft, willingly make a falfe Oath, he (being lawfully convifted) (hall fufFer like PunKhment, as Per(bns convifted of wilful Perjury. No private Contrafts made by any Seamen ftiall obftruft or delay the Pay- Ditto, s. 6. ment of the Duties appropriated to the faid Ho(pital. This Aft fliall be a pubiick Aft, ^c. Ditto, s. 7. Nothing in this Aft (hall oblige the Payment of bd. per Menjl-m, by any Ditto, s. 8. Mafters or Servants of the Hoys or VefTels belonging to the Port of London, and employed within the North Foreland, in bringing Corn, Filh, or other Provilions, for London. The Commiffioners of the Admiralty (hall confider as qualified for an Ad- Ditto, s. lo. miffioii into the faid Hofpital, any Seaman who fliall offer himfelf to be admitted, H h and ii8 OF SHIPS. OWNERS, and rtiall produce a Certificate of his having been wounded or hurt in dci1ndinj{ any Ship iJelonging to the Subjcds of her Majcfty againft Enemies, or in tiikir cini. I Get.n.St.1 C. 14. S. II Ditto. S. tj z Geo. II. Cap. 7. S. I , Ditto, S. 2. Ditto, S. }. Ditto, S. 4. Ditto, S. ;• any Ship ♦rom the Enemy, and thereby dilablcd from Sea Service. Tibis Seil. conjirmcd by ?■ Geo. II. Cab. 29. Stdl. 10. The Governors, Miniftcrs, and Confuls, appointed by his Majefty in foreign • Parts, or, wliere none fuch are rcfident, any two Britijh Merchant? there rcfiding, are required to fend and provide for all feafaring Men and Boys, Subjcdts of Gn'at- Britain, that rtiall by Shipwreck, Capture, or other unavoidable Accident, be driven or caft away to fuch foreign Parts -, and the faid Governours, &c. are re- quired to fubfift fuch feafaring Men and Boys, after the Rate of 6tJ. per Diem each, and to fend Bills of their Dirtiurfements, with proper Vouchers to the Com- miflioners of the Navy, who are to caufe immediate Payment to be made of Inch Bills J and the faid Governors. (Sc. rtiall put the faid Men and Boys on bo.ird the firft Ship belonging to his Majefty that rtiall arrive at any Parts within a conve- nient Diftancc : And if no Ship of War rtiall be within a convenient Diftance, they rt'all fend the faid Men and Boys on board fuch Merchant Ships as arc bound for Gitat-Britain, and are in want of Men to make up their Complement ; but if neither Cafe happen, they rtiall provide a pafliige Homeward for fuch Men and Boys in the firft Merchant Ship bound for Great-Britain j and every Mafter of a Merchant Ship homeward bound from thence rtiall take on board fo many of fuch feafaring Men and Boys as the faid Governors, (iff. rtiall diredt, not exceeding four for each hundred Tons of his Ship. Every Mafter of a Veflel who rtiall produce a Certificate under the Hands of the faid Governors, (^c. certifying the Numbers and Names of the Men and Boys taken on board by their Direftion, and the Time of taking them, and rtiall make an Affidavit at his Return, fctting forth the Time during which he fublifted them, and that he did not, during that Time, want of his own Complement of Men, or how many he did want, and for wiiat Time, rtiall receive from the Commiflioners of the Navy, bd. per Diem for the Paflage and Provifions of each Man and Boy, from the Day of their Embarkation Home- wards, to the Day of their Arrival, or being put into fome Ship of War; bd. per Diem only being deduded for fuch Time as he wanted of his Com- plement. The fevcral Afts concerning the Duty of bd. per Month, payable by all Sea- men, for Support of Greenwich Hojpital, rtiall extend to all Ships belonging to his Majefty's Subjects within the Iflands of "Jcrfey, Gueni/'ey, Alderney, Sark, and Man, and within all his Majefty's Dominions in America, as well as to thofe within Great-Britain and Ireland. For the better collefting the faid Duties, it rtiall be lawful for the Receivers tliercof to depute any Officer of the Cuftoms in the fevcral Ports of the faid Iflands and Colonies, or fuch other Perfons as they rtiall think fit, to coUeft the fame j and the Commiffioners of the Adhiiralty may make fuch Allowance to them out of th" faid Duty as they rtiall judge reafonable. The Colledtors of the Duties in the Ports of the faid Iflands and Colonies rtiall fummon and examine upon Oath all Mafters and Owners of Ships belong- ing to his Majefty's Subjects as by 10 Ann. Cap. 17. And if any fuch Mafter rtiall negleft to appear and make fuch Difcovery, fucli Mafter, ©f . rtiall forfeit 20/. Money of Great-Britain. All Mafters, &c. of Ships belonging to the King's Subjeds, within the faid Iflands or Colonies, rtiall p.ay fuch Part of the faid Duty as rtiall be due at their Arrival, and during their Continuance in Great-Britain or Ireland within the faid Kingdoms ; and fuch Part as rtiall be due at the Time of their Return to, and during their Continuance in the faid Iflands or Colonies, within the faid Iflands and Colonies -, and all Mafters, Gfr . of Ships belonging to any Subjedls of his Majefty within Great-Britain, or Ireland, who rtiall trade from thence to any of the faid Iflands or Colonies, rtiall pay the faid Duty of bd. per Month, only in Great-Britain or Ireland. It rtiall be lawful for the Receivers of the Duty, and their Deputies, by Warrant, to fummon and examine upon Oath all Mafters. &c. of Ships cm- ployed by the Navy, Vidualling, Ordnance, Cuftoms, Poft-Officc, or any other Public CAPTAINS, AND SAILORS. 119 1^ ^'v Public Offices of the Crown, in the Service of his Majcfty; and if fiich Maftcr, Off. rcfufc to appear, or to make Difcovery, or fhall negledl to pay the faid , Duty, they (hall forfeit 20/. The Secretaries or chief Clerics of the Navy, &c. ufually employing Shipping Ditto, S. 6. for the Service of his Majcfty, Ihall, on the firft of "Janucry in each Year, or within twenty Days following, deliver into tlic Office of tlie Receiver of the Duty in the Port of London, a Lift of tlic Ships, that, in the Year preceding, fliall have been employed by fiich OlKccs, and of all Ships which remain in the Service of fuch Oriices, and of fucii as (hall be difcharged, and of the Names of the Mafters, (^c. and tlie Number of Seamen employed in every fuch Ship ; and no Treafurer, or other Oriicer belonging to fuch OfHccs j (liall make out or pay any Bill for the Freight of any Ship fo employed, or pay any Wages to any Mafter, ^c. till fuch Maftcr, ^c. (hall produce to fuch Treafurer, ^c. an Acquittance figiicd by the Receiver or his Deputy, whereby it (hall appear that fuch Mafter, Be. hath paid the faid Duty of 6tr Month, and that he is not more than 30 Days in Arrear to tiie Hofpital j and if any Default (hall be made by any Secretary, ©f. he (hall forfeit 30/. AH Mafters of Merchant Ship% or Jthcr private Veftels, liable to the Duty of bd. per Month, (liall pay the ("aid Duty before any fucli Ships (hall be cleared inwards, in any of the Ports of Great -liritain or Ireland, or the Iflands of Guernjey, Jerfey, &c. or of tlie Colonics in America ; and no Oilicer of the Cuftoms (liall clear inwards any Merchant Ship liable to the faid Duty, or grant any Warrant, to give or make out any Cockett, Tranjiras, Returns, or Difcharges to fuch Ships, nor fuf!cr them to go out of Port till the Mafter, Gff. produce to the Officer an Acquittance (igncd by tiie Receiver, whereby it fliall appear, that fuch Mafter, ^c. hath paid the (aid Duty, and that he is not more than thirty Days in Arrear : And every Mafter of fuch Ship who fliall negledt to pay the 6fl. per Month, alfo every otHccr of the Cuftoms who (hall make Default in the Premifes, fliall forfeit 20/. It (hall not be lawful for any Maftcr of a Sliip, bound beyond the Seas, to 2 Ga. 11. C, carry any Mariner, except his Apprentices, from the Port where he was (hipped 3*' ^' '" to proceed on any Voyage beyond the Seas, without firft coming to an Agree- ment witii fuch Mariners for their Wages, which Agreement fliall be made in Writing, declaring what Wages each Seaman is to have for lb long Time as they fliall Ship themfclvcs for, and alio to exprc(s in the Agreement the Voyage for which fucli Seamen was (hipped ; and if any I'uch Mafter (hall carry out any Mariner, except hif Apprentice, upon any Voyage beyond the Seas, without lirft entering into fuch Agreement, and he and they ligning the fame, he fliall forfeit 5/. for every fuch Mariner to the 1^(1' of Greeni!:ic/j Hofpital, to be recovered on Information on the Oatii of one Witncls, Csff. and in Cale he refufcs to pay the Forfeiture, it fliall be levied by Diftrefs, ^c. If any Seaman (hip hiinfclf on board any Merchant Vefl'el, on an intended Ditto, s. :. Voyage for Parts beyond tlie S^as, lie (iiall be obliged to fign fuch Agreement within tlirce Days after lie (h.dl have entered hiinfelf, which Agreement fliall be conclufivc to all Parties for the Time contracted for. If any Seaman fliall defert, or rcfufe to proceed on the Voyage, or fliall Diito, S. 3. defert in Parts beyond the Sc-as, after he fliall have ligned fuch Contradts, he fliall forfeit to the Owners of fuch Ship tlic Wages due to him at the Time of defert - ing or refufing to proceed on the Voyage. If any fuch Seaman fliall defert, or abfent himfelf from fuch Ship, after he hath Ditto, s. 4.. figned fuch Contradl, upon Application made to any Juftice of the Peace bv the Mafter, or other Peifon having Charge of the Ship, it fliall be lawful for fuch Juftice to ifl'ue his Warrant to apprehend fuch Seaman ; and if he fliall refufe to proceed on the Voyage, and fliall not give a fufiicient Reafon for fucii Reiufal, to the Satisfadion of the Juftice, to commit him to the Houfe of Corredtion, to be kept to hard Labour, not exceeding thirty Days, nor lei's than fourteen. If any Seaman fliall abfent himfelf from the Veflcl to which he belongs Ditto, s. ?. without Leave of the Maftcr, or other Chief Officer having Charge of fuch .."r;r- , ■ - . -r , / iihip. 120 OF SHIPS, OWNERS, a Co. II, )6. b. 6. Ditto, S. t. Dilf, S. w Ship, he Ihall Tor every Day's Abfcncc, forfeit two Day's Pay to the Ufc of Grecmcich Ht/pitttl. It" any Sc-aman, not entering into tlic Service of his Majefty, ([\a\\ leave the Vclfel to which he belongs, before he (hall have t Uifcharge in Writing from the Mailer, or other Pcrlon having Charge of fuch Vcird, lie (hill forfeit one Month's Fay. Ditto, s.;. On the Arrival of any Velfel into Great-Britain, from Parts beyond the Seas, the Maders fliail pay the Seamen their W.iges, if demanded, in thirty Days after the Ved'el's being entered at the Cullom-houle ; (except where a Covenant (hall be entered into to the contrary) or at the Time the (aid Seamen fhall bo difcharged, which (hall fir(l happen, deducing out of the Wages, the Penalties by this Adt impofed, under Penalty of paying to fuch Seamen that (lull be unpaid zos. over and above the Wages to be recovered as the Wages may be recovered ; and fuch Payment of Wages (hall be good in Law, notwithftanding any Adtion, Bill of Sale,. Attachment, or Incumbrance whatfoever. No Seaman, by (igning fuch Contrad, (hall be deprived of uiing any Means for the Recovery of Wages, which he may now la\rtully ufe ; and where it (hall be neceflary that the Contradl in Writing (hould be produced in Court, no Obli- gation (hall lie on any Seaman to produce the fame, but the Mailer or Owner of the Ship ; and no Seaman (hall fail in any Adtion or Procel's for Recovery of Wages, for want of fuch Contract being produced. ■f he Mailers or Owners of Ships (hall ha ': Power to dedufl out of the Wages of any Seaman all Penalties incurred by t! is Ad, and to enter them in a Book, and to make Oath, if required, to the Truth thereof; which Book fliall be ligned by the Mafter and two principal odiccrs belonging to fuch Ship, fetting forth, tliat the Penalties contained in liich Book are the whole Penalties flopt from any Seaman during the Voyage; which Penalties (except the For- feiture of Wages to the Owners, on the Ueferllon of any Seaman, or on refuling to proceed on the Voyage) ihall go to the Ufe of Greenwich Holpital, to be paid and accounted for by the Mafters of Ships coming from beyond tiie Seas to the fame Oliicer at any Port, who colleds the 6d. per Month, which Olficer Avail have Power to adminifler an Oath to every Mafler touching the Truth of fucli Penalties. If anv Mafters or Ov ners of Ships (halldedudl out of the Wages of any Sea- men anv of the Penal'' s by this Act diredled, to the Ufe of Greenwich Ho/pital^ and Hull not pay the Money to fome Officer who colledls the bd. per Month, in the Port where the Dedudion Ihall be made, within three Months after fuch Dedudtion, they fhall forfeit treble the Value to the Ufe of the HofpitaJ ; which, together with the Money dedudled, (hall be recovered by the fame Means, as the Penalties for not duly paying the 6d. per Month. This Adt (hall be a public Ad. This Ad fliall continue five Years, &c. Nothing in this Adt (hidl debar any Seaman from entering into the Service of his Majelly ; nor fliall fuch Seaman for lucii Entry forfeit the Wages due to him during his fervicc hi fuch Merchant Ship -, nor (hall fuch Entry be deemed % Defertion. Continued by 8 Geo. II. Cap. 21. to z^ March, 1749, Gff. Farther continued by 23 Geo. II. />. 487. to 25 March, 1764 ; and from thence to the End of the then next SeJJion of Parliament. 21 and 23 Where any Goods (hall be laden on board any EnglijJj Ship of the Burden of Car. II. Cap. two hundred Tons or upwards, and mounted with fixteen Guns or more, if "' ''■ *' the Commander (ball yield up the Goods to any Turkijlj Ships, or to any Pirates or Sea Rovers, without fightmg, he (hall upon Proof thereof made in the Court of Admiralty, be incapable of taking Charge of any Englijh Ship as ij and 1 4 Cor. Commander; and if he fliall hereafter take upon him to command any £n^/^/6 II. Cap. n.gj^jp^ he Ihall fuffer Imprifonment by Warrant from the faid Court, cfuring fix Months for every Offence; and in Cafe the Perfons taking the faid Goods fhall releafc the Ship, or 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 3 Mafter's Ditto, S. to. Sea. II. Scft. 12. £eft. 13. Seit. 3i- ' C A P T A I N S, A N D S A I L O R S. ttt Mafter's Part of fucli Ships Co rclcafcd, (hall be liable to repair the Pcrfons whofc Coods were taken, by Adtion in the Court of Admiralty} and in Cafe the Com- mander's Fart of the Ship, together with fiich Money and Goods, fliall not be fufficicnt to repair all the Damages fiiftained, the Reparations recovered on the Mafter's Part of the Snip (hall be divided firo rata, amongft the Perfons profe- cuting and proving their Damages, and tlie Pcrfons damaged fhall have their Adtion againd the Mailer for tlie Remainder. it n^ No Maftcr of any fuch En^lijh Ship, being at Sea, and having difcovercd CcIlc^h, any Ship to be a Turkijh Ship, Pirate, or Sea Hover, (hall depart out of his i*- J» Ship. If the Mafter of any Englijh Ship, though not of the Burthen of two hundred Ditto, S. 4. Tons, or mounted with (ixteen (]uns, (hall yield his Ship unto any Turkijh Ship, Pirate, or Sea Rover, (not having at leaft his double Number of Guns) without fighting, fucli Mafter (lull be liable to the Sentence of this Adt. Upon Proccfs out of the Court of Admiralty, it (hall be lawful for all Com- Ditto, s. 5. manders of his Majcrty's Ships, or the Commanders of any other Engli/h Ships, to fcizc luch ships or Mafters fo offending, according to the Procefs, and the fame to fend in Cuftody, into any Ports of his Majefty's Dominions, to be pro- ceeded againft according to this Adt. Provided that none be hereby encouraged to violate the Rights of the Port of Ditto, S.6. any foreign Prince or State in Amity. If the Mariners or inferior Officers of any Englijh Ship laden with Goods Ditto, S. 7. fliall decline or refufe to fight, and defend the Ship, when they (hall be there- unto commanded by the Maftcr, or rtiall utter any Words to difcourage the other Mariners from defending the Ship, every Mariner who /hall be found guilty of declining, or rcfufing, as aforefaid, (hall lofe all his Wages due to him, together with fuch Goods as he hath in his Ship, and fufFer Imprifonment, not exceeding fix Months; and Ihall during fuch Time be kept to hard Labour for his Maintenance. Provided, that if any Ship fliall have been yielded, contrary to the Will of the Ditto, S. t, Commander, by the Difobedicncc of the Mariners, tcftified by their having laid violent Hands on him, the Mafter fliall not be liable to the Sentence of Incapa- city, nor to any Adtion for the hoSt% fuftained by the Merchants, unlefs he (hall have received back, from the Takers, bis Ship, or fomc Reward. Ma(krs may re-imburfe themfclve* out of the Wages of their Mariners for Loffes happening by their Negligence. As was adjudged in the Cafe of Lane againft Sir Robert Cotton. Raymond 650, Eajler Term, 13 Will. III. Goods were ftolen from on board the Ship in the River. Every Mariner who fliall have laid violent Hands on his Commander, to hinder Ditto. S. 9. him from fighting in Defence of his Ship and Goods, fhall fufFer Death as a Felon. When any Englijh Ship fliall have been defended by Fight, and brought to Ditto s .0. her Port, in which Fight any of the Officers or Svamen fliall have been wounded, it fliall be lawful for the Judge of the Admiralty, or his Surrogate, or the Judge of the Vice-Admiralty, within which the Ship fliall arrive, upon Petition of the Mafter or Seaman, 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 Owners and Adventurers by Procefs of the Court fuch Sums of Money, as himfelf with the major Part of the Adventurers or Owners prefent, ihall judge reafonable, not exceeding two per Cent, of the Ship and Goods, according to the firft Cofts of the Goods by the Invoice (which the Owner or his Fadtor is to produce) or by the Oath of the Owner, or his Correfpondcnt j which Money fliall be paid to the Regifter of the Court, who (hall receive 3uf:, bylnftrumcnt under their common Seal, toauthori("e an lildcr- Brother to go in a Boat between Sun-Rifing and Sun-Setting to any Ship, and to go on board the fame (his Majefty's Ships always excepted) in order to learch for Powder, Guns (liotted, and the heating and melting combuftible Matters, within the Limits wherein fuch Offences are prohibited j and, if the Commander or otlier Officer in fuch Ship (hall, upon Demand, refufe to permit any Perfon fo autliorifed to come on board fuch Ship, aiid make due Searcn, every fuch Comnunder, or Officer, (hall forfeit 5/. No Perfon (hall cad out of any Ship, or Veflel, within i.iiy Haven, Road, 9 Channel or River j flowing to any Port or Town within tht King's Dominions, any Ballaft, Rubbifh, Gravel, or other Wreck or Filth j but only upon the Land above the full Sea-Mark, upon Pain to forfeit 5/. C. In Cafe any Ship (hould be laid up or moored in St. Saviour's Dock (except fuch Ships as (hall be loading, or delivering their Cargoes, and except fuch Ships, not exceeding two at one Time, as (hould lie at Ship-lVright-Tard at the North- We(V 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, 20s. P. Every Perfon herein mentioned (hall be exempted from being imprefTed into his Majefty's Service ; that is to fay, every Perlon being of the Age of fifty-five Years, or under eighteen Years, and every Foreigner, whether Seaman or Land- man, who (liall ferve in any Merchant Ship or Privateer belonging to the Sub- jeds of Great-Britain. Pitto P. tafi Every Perfon of what Age foever, who (hall ufe the Sea, (hall be exempted from being imprefTed for the Space of two Years, to be computed from his hi ft going to Sea J 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. 2 Subjlance Ditto, S. ;. 344 ^iHenty VIII. c. Sea. 6. 5 Ci,. II. 20. S. 19, Hi' CAPTAINS, AND SAILORS. >2; it'i/ into -five ^and- ISub- from going i;atice kiuteJ t/Iance Suhjlance of the AH of the 20th of George II. ejlablijhing the Cor- porate Company for the Relief and Support of Jick, maimed, and difabled Seamen-, and of the Widows and Children of fiich a^ JJiall be killed, Jlain, or drozvned in the MERCHAttTs' Servick. THE Preamble to this Aft obfcrvcs, that by one made in the 7 and 8 /f///. III. '• *iy certain Encouragements were given to Seamen to regirtcr thcmlelvts for his Majefty's Service ; and if any fuch (hould, by Age or other Accidents, be difi- bled for future Service, and fhould not be able to maintain thcmfclvcs comfort- ably, and the Children of fuch difabled Seamen, and the Widows and Children of fuch of them as fliould be killed or drowned in the Sea Service, were to be provided for in the Royal Hofpitul of Greenuicb, fo far as the faid Hofpital fliould be capa- P. 136. ble to receive them, and the Revenue thereof would extend ; and for the better Supprt of the faid HofjMtal, til. fir Month is by the faid Adl to be allowed out of the Wages of every Seaman in the Merchants' Service, as well as in the Navy ; and that fo much of the faid Ai\ as relates to the rcgiftering of Seamen was re- pealed by an Ad of 9 yfnrt, whereby every Seaman in tnc Navy (though not rcgif- tered) is intitled to tlie Bnicfits of the faid Hofpital j and that by an Ait of 10 J/in. any Seaman is to be conlidcred as fully qualified for an Admiflion into the fiid Hofpital, who (hall produce a Certificate of his having been hurt or difabled for S«a Service, in defending any Ships of the Subjedts of this Kingdom againft an Enemy, or in taking any Ship from an Er. .'iny : And that by an Ail of the 8 Gt'orgt- 1. 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 Ad of the 8 Ch'o. II. Scanun on board any Merchant Ship, who Aval 1 be maimed in Tight againft an Enem;-, ihould be admitted into the faid Hofpital, in like Manner as any other Seaman, wounded or difabled in his Majefty's Service: And whereas the laid Hofpital is not capable to receive, nor the Income thereof fu.Ticient to provide for the Seamen in the Ser- vice of the Navy, intitled to the Benefits thereof, fo that the Seamen in the Mer- chants' Service, maimed and difabled in Fight and proper Objeds of Charity have p. 837. fcldom or never been admitted into the fame Hofpital ; and as there is no Provifion made by cither of the faid Ads for fuch Seamen in the Merchants' Service as arc difabled by accidental Misfortunes, or for thofe worn out by Age, or for the Wi- dows or Children of fuch as fliall be killed or drowned in the faid Service ; and as the Seamen in the faid Service are willing to allow 6iimc oi 'The Majier, J{\irdens, and Commonalty of Merchant-Venturers of the 3 ' C'O- i ?■ I 128 DF SIT I PS, 0\V N F, RS, City of Brijlol ; V'hich Society is willing, for the Benefit of the Seamen em- ployed in tlie Service of the M.-rchants, (Sc. b'.'longiii':; to the faiil City and Port, to undertake the Colle ; and fuch Recei- vers and other Otllcers fliall have the fame Powers, tff. as thofe to be appointed in Purfuance of this Adl j and (hall be lubjedl to the like Penalties and Forfeitures. P. 856. P^otiiing herein contained fliall oblige the Receivers or Collcdtors of the faid Duty, who fliall be appointed by the Truftees of any of the refpedlivc Out-Ports, to fend Duplicates of the Mufter Rolls (diredled to be delivered to them by the Mafter or I'erfon having Care of any Veflel) to. the faid Prefidtnt and Affiftants ; but fuch Duplicates, after making and filing Copies thereof, fliall be delivered by fucIi Colledtcrs, ^c. to the faid Truftees refpedlively, to be by them kept for their Ufe. No Seaman, Cr. in the Merchants* Scrylce, fliall be intitlcd to any Benefit from this Adl at the Port of Lcndon, or any Out-Port, but thole who are liable to, und fliall pay the faid Duty at the faid Ports refpedlively. Thofe ; eanen who fliall have been longefl; in the faid Service, and contributed moft tov.rrds the faid Duty, fliall be firft provided for as worn out or decrepit. If any Stvmun or other Perlbn employed on board any Veifel fliall, in the Difcharge of his Duty, cither on Sliore or on Board, break any Limb, or be ctherv.iie hurt, fo that immediate Care is neccfl'ary to be taken of him, the Pre- lident and Governors of the Port of La.Wiw, and the refpedlive Truftees for the Out-ports, fliall provide proper Relief for fuch Perfon, until he fliall be fo well '• ^ii- recovered of (uch Hurt as to be removed and lent with Safety to the Port to v.hicii fuch A-elfel docs belong; and the expence thereof, not exceeding 2^' a Fund for that Purpofe, and are therefore defirous, that the Perfons einployed in the faid Service may be exempted from the Payment of the faid 6(i. per IVlontli ; it is therefore enadled, That no Officer, Seamen, (sc. of any Vellel einployed in the Service of the faid Company, Ihall, during tlie Time of fuch Service, be ]i.\ble to the Payment of the faid Duty. No Officer, or Seaman, Csff . during his Employment in the Service of the faid Company, nor the Widows or Children of fuch of them as fl\dl be killed or drowned, ihall be iiititled to any Benefit of this Adt during the Time they Ihall be employed in the faid Service All pecuniary Forfeitures anu "cnalties incurred by Vir^'.e of this Adl fliall be fued for and recovered in any Court of Record in England^ wherein no Elfoin^ Protedion, Privilege, Wager of Law, or more than one Imparlance Oiall be r. 859. allowed} and if a Verdift fliall pafs for the Plaintiff in any fuch Adic.i he fliall be allowed double Cofts ; and one Moiety of the Forfeitures, &c. fhall be ap- plied to the Ufes of this Aft, and the other to the Pcrfon who will fue for the lame in Manner aforefaid. This Aft (hall be deemed a publick Aft, and be judicially taken Notice of as fuch by all Judges and other Perfons, without fpecially ple.iding the fame ; and all Adtions or Suits which fTiall be commenced againfl: any Perfon for any Thin" done in Purfuance of this Aft, or in Relation to the Premilfes, (hall be brouglit within three Months next after the Faft committed j and fliall be laid in the County or Place where the Faft was done, and not elfewhere ; and the Defen- dant may plead the General Iffue, and give this Aft and the Special Matter in Evidence, and that the fame was done in Purfbince thereof; and if it fliall fo appear, or if fuch Adtion, &c. fliall be brought ^''fter the Time limited, or in any other County or Place, the Jury fliall find for the Defendant ; of if the Plain- tiff fliall become nonfuited, or fuffer a Difcontiiiuance of his Aftion, or Verdift fliall pafs againft him, the Defendant fliall have double Cofts ; and fliall have fuch Remedy for the fame as Defendants have for Cofts of Suit in any other Cafes by Law. The procuring the preceding A£l is an Inftance of the Benevolent Regard our Merchants have for the future fupport at Home of thofe Seamen who fliall fuffer by valiantly defending their Property, either in Ship or Goods, and for the dif- trcffed Families of fuch, who fliall unhappily lofe their Lives in their Service j while the following Acts ferve no lefs to demonftrate both theirs, and the Govern- ment's indulgent Attention 'lO fecure a Sufficiency for them abroad, when reduced by Misfortunes to the Ncceffity of claiming it j and the charitable Difpofitions they contain, plainly evince as well the Prudence as the Beneficence of the Promoters and Compilers of them, juftly challenging our Tribute of Praift for fuch fliining Inftances of Tcnderncfs and Compaffion, in a comfortable Provifion for the accidental Sufferings of the Brave, till then left deftitute and difr«garded. J mean, by Law, for though the 22d and 23d Car. IL Cap. i \ . Scft. 10. (before recited) provides fomething for the maimed and flain, yet it is too fmall to fup- ply the Lofs cf" Limbs, or give Maintenance to the afflidted Relidts of a Sailor, un- timely fnatchcd away j 'tis therefore from thefe Statutes only the Mariner muft expedt redrefs, and a Refleftion on their Exiftence will naturaJJy encourage him to dcferve their Proteftion by a punftual Compliance with his Duty. An Aft for making perpetual an Aft for the better Regulation and Govern- ment of Seamen in the Merchant Service, and for extending the Provisions thereof to his Majefty's Colonies in America, was made in the firll Year of his prel'ent Majcfty. It is thereby enafted. That from and after the ift of May 1764. all the Provifions, Penalties, Matters, and 1 hings, in the Aft of the 2d of Geo. II. be LI extended { \ : : ! ! l\ ; i 1 I t Cts, I. Cap, 17. S. I. 130 OF SHIPS, OWNER S, extended to his Majcftys Dominions in ylmerica ; and the Forfeitures applicable to Greenwich Hojpiial to be paid there, to the Officer conftituted by the Admi- ralty ; and Mafters of Ships deducing any of the faid Forfeitures out of the Sea- men'sV/ages, and not duly paying over the fame, forfeit treble the Value to the faid Hojpital. It (hall be lawful for Pcrfons authorifed by the Majority of the BtitiJJj Mer- chants and Faftors refiding in Portugal, being alTembled with the Conful General, or his Deputy, iii any of the Ports of Portugal, to recover from all Commandprs of Britijh Ships trading from Great-Britain or Ireland, or any other his Mijefty's Dominions, to any of the Dominions of the F ing of Portugal, the following Sums, viz. any Sum not exceeding 200 Reis per Ton on all Tonnage Goods (except Wheat, Barley, Rye, Coals, Timber, Boards, and Lumber) and 1 00 Reis per Ton on Wheat, Barley, Gfc. and i^ per Cent, on the Freight of all other Goods exported from any of the King's Dominions to any Place in the Dominions of the King of Portugal; and all Bills of Lading fhall fpecify to pay the Monies accordingly, under Denomination of Contribution, as per Aft of Parliament ; and the Pcr- fons paying the fame fliall be reimburfed by the Freighters, or the Pcrfons to whom the Goods fliall be configned ; and if no Bill of Lading (hall appear, and no Freight or Tonnage is fettled between the Owner of the Goods and the Mafter of the Veflel, the Freight or Tonnage fliall be valued by two dilFerent Britifi Merchants on the Place, one to be chofen by the Conful General, and the other by the Mafter of the Ship, within ten Days after unlading the Goods ; and if the Pcrfons fo chofen ihall not igree to the fune in five Days, fuch two Pcrfons fhall chufe a third (being a Brttijh Merchant on the Place) who (hall decide the Valuation in three Days. Ditto S 2. ^^ Mafter 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, (hall within ten Days after their Arrival deliver to the Conful General, or Deputy Conful, refiding there, or to fuch Perfon as (hall be appointed, a Mani- feft upon Oath, fpccifying the Particulars of the Cargo, o of fuch Part thereof as (hall be unloaded there, and to whom configned, which Oath the Conful Gene- ral, Csff . is to adminifter gratis. The Conful General, or his Deputy (hall detain the Clearances ou^vards of all Britijh and Irijh Ships till Payment, The Monies (hall be applied in Manner following, viz. to the Minifter refiding there 300 Mill-Reis per Annum, by equal Quarterly Payments, and the Remainder for the Relief of (hip-wreck'd Mariners, and other diftrefled Perfons, his Majef- ty's Subjedts, and to fuch other charitable and publick Ufes as (lull be appointed by the Majority of the BritiJIi Merchants and Fadtors refiding at Lijbon, and other Ports in Portugal, being aftembled with the Conful General, or any of his Deputy Confuls. Pertbns formerly liable to pay the four Reis per Mill, (hall, after Payment of the Sums required by this Aft, be exempted from the fame. The Conful General, or his Deputy Confuls, refiding in Portugal, (hall, as they fee Occafion, call a gener.^1 Meeting of the Britijh Merchants and Faftors, and (hall caufe fuch Meetings as often as fliall be defircd, by Writing under th« Hands of any five Britijh Merchants or Faftors. This fliall be a publick Aft, ^c. An Aft like the preceding was made for his Majefty's 3ubjefts trading to Cadiz and Port St. Mary's, fpccifying that any Sums of Money not exceeding one Ryal Plate ^«/j4. , , becaufe it is of his own chufing, and under his Correftion and Government, and 7<"- '" "• R- on Ship-board know no other fuperior but himfelf, and if they are faulty he may ^'^"',1 ''"^' corrcft and punifti them (in a moderate Manner) and juftify the fame by Law j i!o//"/Abiidg. and the Fail being proved againft them, he may re-imburfe himfelf out of their 533- Wages. This Aft explains and amends an Aft of 7 Geo. II. Cap. 15. intituled. An A£i 26 Geo. Xik to f'ttle boiv far Owners of Ships Jhall be anfwerable for the ASls of the Maflers or ^^^' ^^' Mariners. From and after September i, 1786, no Perfon or Perfons, who is, are, or fliall Seft. i. be Owner or Owners of any Ship or Veflel, fliall be fubjedl or liable to anfwer for or make good, to any one or more Perfon or Perfons, any Lofs or Damage, by Reafon of any Robbery, Emt ;^zlement. Secreting, or making away with, of any Gold, Silver, Diamonds, Jewels, precious Stones, or other Goods or Merchandife, whicl'. ftiall, from and after that Day, be ftiipped, taken in, or put On board any Ship or Vcflcl, or for any Adt, Matter cr Thing, Damage or Forfeiture j done, occafioned, or incurred, from and after the pafling this Att, without the Privity and Knowledge of fuch Owner or Owners ; further than the Value of the Ship or Veflel, with all her Appurtenances and the full Amount of the Freight due* or to grow due, for and during the Voyage wherein fuch Robbery, Embezzle- ment, fecreting, or making away with as aforefaid, fliall be made, committed, of done ; although the Mafter or ivlariners, ftiall not be in any-wife concerned in or privy to fuch Robbery, Embezzlement, Secreting, or making away with ; any Law, Cuftom, or Ulage, to the contrary thereof in any wife notwith- ftand ing. No « ■)■ ■l' I m 16 c». nr. C. S6. S. I. 8 SeA. 4. OP SHIPS, O W N F. li s, No Owner or Owners of any Ship or Velll-l (liull be fubjcd or li ihle to aiifa-rf for or make good, to any one or more Pcrlon or I'erlbns, any I.."!'* or I).imi^*#/( U /.r^. u!l. Ji Jff, ■iiu. Tni. 9 7,,,, in C, B.Rci 636, llii^^hl V. Ctoftr, I Ca.tjT.itel- ln\ Cafe. jirfittr and fa^afa'i C:ife PiOlvJfrlCom. But al'ir.itc is aotan Enemy. •I!! I.. J. Ch. 4. b. 8. Ditto. Ditto, t>itlo. Ditto. Ditto. FREIGHT, CIIARTERPARTIFS, ment of the Freight ; but to fay the Ship did not ilcp.irt with the next WinJ, is but a C'iicimirt.iiicc, which, in Strii'tncls of I„iw is not triivrrrihlc. If it be agreed, that the Milk-r ih.ill r.«il from £.on/kn to L'\i(A.rn in two Months, and I'rciglu aciordiui;!)' is agreed on, if he begins tlie Voy.ige within the two Months, though he does not arrive at Lfgivni within the Time, yet the Frti,i;l»t is become due. The Eiijl-hului Company might by Clurtcrpnrty keep a .Ship they h.id freighted a long Time in Indi,i, and did {o keep her until ihc was unfit for Scrvito, and could not come home ; they were oliiiged in Cntnccry to pay the D.uiiagc, though by the C'iiarterparty it was payable at the Return of the Ship. So where no Freight was to be jvaid ior the Cargo OutwarJi, but I'reij'ht for the Cargo llomeviarJs, and the Fador abroad had no Goods to load her liumc- wards, Payment of the Freight was decreed. 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 board her, after the .Malkr has rt.iid the Days agreed on by Charterparty, and made his regular I'rotefts, he (hidi be paid, empty or full. Though the OlHcers and Mariners gave Bond not to demand Wages, unlcfs the Ship retu ncd to London, (lie .u-rivcd at a delivering I'ort and afterwards wa.s taken by the Enemy, they had their Wages to the delivering Port. If a Ship is freighted from one Port to another, and thence to a third, fourth, and fo Iloine to the Port from whence (he fir)\ fiiled (commonly c.dled a tnuling 1 oyagf) this is all but one and the f.une Voyage, fo as it be in Confor- mity to the Chiirterparty. A Merchant agrees with a Mailer, that if he carries his CJoods to fuch a Port, he will then pay him fuch a Sum j in the Voyage the Shiji is alTaulted, entered and robbed by I'iratcs, and Part of her Lading taken forth, and afterwards t'le Remainder is brought to the Port of Difcharge ; yet the Sum agreed upon is not become due, for tne Agreement is not by the Mafter jierformed. Though by the Civil Lain this is vis major or cajiu fiirtuitus (the greater Force or an accidental Cafe) there being no Default in the Mafler or his Mariners, and the fame is a Danger or Peril of the Sea, which if not iu naval Agreements e\- preifed, yet it is naturally i.iplied ; for it is cert.iin, that if thofc Coods which the Pirates carried away had been in Strefs of Weather thrown overboard, the fame would not have made a Difability as to the Receipt of the Sum agreed on ; for both by the Common wnA Marini' Law, the Ad of God, or that of an Enemy, rtiall no VVays work in private Adtions. If a Ship be freighted by the Ton, and (he is full laden according to the Charterparty, the I'Vcight is to be paid for the whole, othcrwilc but for fo many Ton as the Lading amounted to. If Freight be contraded for the Lading of certain Cattle, or the like, from Dublin to Wcji-Chejlcr, and fome of them happen to die before the Ship's Ar- rival, the whole Freight is become due as well for the Dead as the Living. But if the I'reight be contracted for the tranfporting them, at fo much p:r Head, if Death hapix;ns, there arifeth due no nK)re FVeight tiian only for (iicii as are living, at tlie Ship's Arrival at her Port of Difcharge, and not for the Dc.id. When Cattle or Slaves are fent aboard, without any previous Agreeinent for lading or tranfporting them, but generally, then Freight (hall be paid as well for the Dead as the Living j and if Freight be contraded 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 fent on board, generally, the Freight mufl be according to that commonly paid for the like accuftomed \''oyages. If a Ship (hall be freighted , and named to be of fuch a Burthen, and being freighted by the Ton, (hall be found lefs, there (hall be no more paid than only b" the Ton, for all the Goods that were laden on board. And if a Ship be freighted for two Hundred Tons or thereabouts, the Addition of thereabouts is commonly reduced to be within five Ton, more or Icfs, as the Moiety of the Number ten, whereof the whole is compounded. 2 If I. B!1,LS OF lADING, DEMORRAGF, Uc. '37 IfnSliInbc frciuhtal by the (ircat, and the liurthcn of it not cxprcflfcd, yet <;'"/• W tlic Sum icrtain is to be y.uA. £.Tv,Mf If a Frti^jlucr, l>y lo.ulini; nroliihital or unlawful Cooils, octafions tl»c Ship's ivy,, no. Detention, or otlicrwifc iiMjicdcs her N'oyagc, he lli.dl pay the Freight contracted and aj^rccd fir. When a Ship is freiglitcil crt( and /// (or out and /wW() there is no Freight due T''''. q 7'fj till tlie whole Voyage i:. performed ; fo that if llie be tall aw.»y coming ""'"'^» vJrf. tw/»r! the Freij^'ht uii/uvr.fi, as well as iniv.nJs, becomes lolh «..;tii»/irtv, A I'art Owner of a Ship Uied the other Owners for his Share of tlic Freight on /"L/fl,r,r,. fiiiifhing her Voy.igc: but the other Owners had fitted iier out, in which the i)7„/>,iiijj. t'omjilaiiiant woidd not join, wliereupon the other Owners complained in the Admiralty ; and by Order there, they gave Security, if the Ship jwrilhed in the Voyage, to n\,d'"'"'' • W" ^ w A 1 A fit AAA suid therefore if lour Parts in five of them Ihall make up their Accounts witii the Freighters, and receive their Proportions, yet the fifth Man may fuc fingly by himlelf without joining with the Rttl, and this as well by the Comiiion Lain as tile Law Murine. If a Ship in her ^'oyagc happens to be taken by an Enemy, and afterwards i , a' // re-taken by another Ship in Amity, and Rellitution is made, and (lie proceeds s.a/i^Mr on in her Voy.ige, the Contridt is not determined, though the taking by the line- '^^"''s- ?<• my diveiled the Property out of the Owners j yet by the Law of War,' tliat Pof- felVion was defeafible, and being recovered in Battle afterwards, the Owners be- come rc-invelled ; lb the Contradt, by I'idlion of Law, became as if (lie never had been taken, and fo the entire Freight becomes due. It was covenanted by a Charterparty, that a Ship Ihould return by a certain /'/.<,■,/ ^ .md Time within the River o( T/mi/ics, (the Dangers of the Sea excepted) and after- *"^^^*y''" wards in the Voyage, and within the Time of the Retur.i, the Ship was taken Ahr",d„. j.s." upon the Sea by lincmies unknown to the Covenanter, and being detained by them could not return within the River of "'hamcs, within the Time mentioned in the Covenant. RiJ'olvcJ, this Impediment was within tlie Exception, for thelt; Words intend as well any Danger upon the Sea by Pirates or Men of War, as Dangers of the Sea, by Shipwreck, Tempeil, or the like. If Freight be taken for a Hundred Tons of Wine, and Twenty of them leak /?i> f v"''- out, fo tnat there is not above eight Inches from the Bulge upwards, yet the ''f ,;'/''/[' '^-^ Freight becomes due; but, if they be under eigh*; Inches, fome conceive it thenij'. iiti Goods rclurneii and dijc.'.nrged at the Port o/'Loiidon afonfaU, for the End of the faid Voyage : And dlfojhtdl andrciU fay for Demorrage (if any Jhall /w hy the De- fanltqf him the faid C. U. his Fattors or yljjigns) the Sum 0/, kc. per Day, daily, and every Day, as the fame Jhall grow due. And the faid h. ]i. for himfef, his Ex~ teuton, and Adminifrators, doth covenant, promife, and grant, to and icith the fiiJ CD. his Executors, Adminijlrators, and Afigns, by thefe Prrfnts, that the faid Ship or FeJJ'elJlMill be ready at the Port o/'London, to take in Goods by the faid CD. on or before, &:c. next coming. And the faid C D, /or himfelf, his, Sec. dolh cove- nant and promife, ici thin ten Days after the faid Ship or Vef'el jhall be thus ready, to have his Goods put on board the faid Ship, to proceed on in the faid J'oyage ; andalfo on the Arrival of the faid Ship at, &c. within, ice. Days, to have his GjoJs ready to put on board the f rid Ship, to return on the faid Voyage. And the /aid A. li. /or himfelf, his Executors, and Adminijlrators, doth further covenant and grant to and with the faid C D. /jis Executors, Adminijlrators, and Afigns, that the faid Ship or Vejj'el now is, and at all 'Times during the faid Voyage /hall be, to the be/l Endeavours of I'im the faid K. B. leis Executors, and Adminillrators, and at his and their own proper Cojls and Charges, ir all Things made and l:ept Jiif, /launch, /Irong, well apparelled, . furnijhed, and provided, as well with Men and Mariners, Juj/icient and able to Jail, guide, and govern t/je /'aid Ship, as with all Manner of Rigging, Boats, Tackle, Ap- parel, Furniture, Provifion, and Appurtenances fitting and neceff'ary /'or the J'aid Men and Manners, and /'or the J'aid Ship during tbe Voyage aforefaid. In Witnefs, liSc. 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 C/jarterparty, indented, made, C^c. between A. B. ard C. D, of London, Merchants, Owners of the one Moiety or li.\lf Fart of the good Ship or Vefl'el called the Neplune, of tlie Burtlicn of 200 Tons, with tlie like Moiety of all the Sails, Marts, Tackle, Apjxirel, Furniture, Ordnance, and Appurte- nances thereunto btlon^iiv^, now riding at Anchor in the River of Thames, within the Port oi London, of vvjiieh the faid C. D. is .Mailer, of the one Part, and E. F. and G. //. of London, Merchants, Owners of the other Moiety and Refidue of the faid Ship, with the Mafts, Sails, Tackle, Ordnance, Furniture, and Apparel thereunto belonging, on the other Part, WrrNEssiixn, that tlie faid A. B. and C. D. have granted and letten to Freight, and by thefe PreJ'ents do gr.int and let to Freight, all their f.iid I'art and Moiety of the laid Sliip and Premifes, unto the faid E. F. and G. //. lor a Voyage with her (by God's Grace) to be made in Manner and Form following : That is to /ay. That the faid A. B. and (..'. D. for '.hem, their Executors, Ad- miniftrators and Afiigns, do hereby covenant and grant to and with the faid E. F. and G. H. for them, their and each of their Executors and Adminillrators by the/'e Pre/'ents, that the faid Ship (being already laden) ihall, with the firll good Wind and Weatlier, after the Date hereof (God permitting) tail djrcdlly from the faid River of T/.Himes to the Port of Leg/jorn in Italy (tlie Perils and Dangers of the Seas excepted) and there unlade and tlifcharge fuch (ioods and Merchan- dizes as ihall be directed and appointed by the faid E. F. and G. H. or one of them, their, or one of their Fadors or AlTigns, in good Condition j and from thence rtiall fail, and take her diredt Courfe, as Wind and Weatlier ihall ferve, with as much Speed as ni.iy be (the Perils and Dangers of the Sea excepted) to Venice, and there lliall ftay and al)ide the Space of twenty working Days, next after her Arrival there, to unlade all fuch Goods and Merchandizes as (hall re- main on board for Account o*" E. F. and G. //. alter her firft Delivery at Leghorn as aforefaid ; and to reladc fuch Goods, Wares, and Merchandizes as the laid /•;. F. aiul G. H. or cither of them, their or either of their Fadors or Afligns, ihall think fit to charge ?iid re-lade aboard and into the faid Ship, t/jat is toj'ay, lb much as the faid Ship can conveniently carry, over and above her Viduals, Tackle, Ammunition, Apparel, and I'urnlture. And the faid Ship with her faid Lading (hall with the firll good Wind and Weather, after the Expiration of the faid twenty Days, fail and procecii from the faid City of Vtnice to London, with the faid Goods, within tlie lime, is'c. In Con- fuleration « ! BILLS OF LADING, ice; fidention whereof the faid E. F. and G. H. for thcmfelves, and either of them* their and either of their Executors and Adminiftrators, do covenant, promifci and grant to and with the faid A. B. and C. D. and either of them, their and either of their Executors, Adminiftrators, and Afligns, l>y thefe Prefetits, that they the faid E. F. and G. H. or one of them, their, or one of their Executors, Adminiftrators, or Affigns, (hall and will well and truly pay or caufe 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 of London, for t cry Ton cf fuch Wares and Merchandizes as fliall be laden or unladen in the faid Ship, during the faid \'oyagc, the Sum of, Q?r. f counting the Tonnage according to Cuftom; or if a cer- tain Sum is agreed for the Voyage, Out ami Home, or fo much per Month) for the Part and Intereft of the faid J. B. and (7. D. in the faid Ship, and for, and in Rcfpcdt of the Freight and Hire of their Part of her ; which faid Money is to be paid in Manner and Form following, "That is to fay ; one third Part thereof upon the riglit Difcharge cf the faid Ship, and another third Part thereof within the S;iace of fix Weeks then next following, and the remaining third Part thereof vvithin the Space of two Months next enfuing after the End and Determination of the faid fix Weeks. And alfo (liall and will pay for demurrage (if any fhall be by Default of the faid E. F. and G. H. their Fadtors or AlTigns) the Sum of — per Day, daily, and every Day, as tVie fame fliall grow due. And the faid A. B. and C. D. for them, and cither of them, their and either of their Executors and Adminiftrators, do covenant and grant to ;^nd with the faid E. F. and G. H. their Executors arid Adminiftrators, by thefe Pnfeuts, that the liiid Ship, for their Part, fliall be ftrong and ftaunch, and well and futHciently tackled and apparelled, with Sails, Sail-yards, Anchors, Cables, Ropes, Gun- shot, Artillery, Gunpowder, and all other Inftruments, Tackle, and Apparel, needful and ncccllary for fuch a Ship and for fuch a Voyage, together with an able Mafter, and fuHicient Number of Mariners, And to the rerformance of all. and every the Covenants, Grants, Articles, and A'j,rcements, on tlie Parts, and Behalfs of every of the faid Parties, truly to be holdeii, performed, and kept, in all Tilings as is aforefiid, the f.iid Parties to thcfe Pre/hits, do bind themfelves to one another: that is to fay, the faid A. B, and C. l). do by thefe Prefents bind thcmfelves, and either of them, and their kveral Executors and Adminiftrators, Goods, and their Part and Intereft in the faid Ship, with the Furniture thereof, to the faid £. F. and G. //. and to their Exccuturs and Adminiftrators ; and the faid E. F. and G. H. do in like Manner bind themicives, and either of them, their and either of their Executors. Ad- miniflr.Uors. and Afligns, and all their Goods and Intereft in the faid Ship, to the fjid A.B. and CD. their Executors and Adminiftrators, in the Sum or Penalty cf one thoufand Pounds, of lawful Money of Great-}^>'tatr cent for the legal Intereft of the principal Sum advanced, 15 per cent for the Hazard of the Voyage outwards, 10 per cent for the Hazard of the Return Home, or more, according to the Agree- ment, and it is to be rcmenibered, that the Lender w 11 confider the Premium or Price for infuring the Principal at Home, whether he pays it, or takes it upon himfelf. Where Bills or Bonds of Bottomry are fealed, and the Money is paid, if the Ship receives Injury by Storm, Fire, &c. before the Beginning of tlie Voyage, then only the Perfon borrowing runs the Hazard, unlefs it h\ otherwife provided; as that, if tlic Sliip fhall not arrive at fuch a Place, at fuch a Time, t^c. there the Contract liath a Beginning, from the Time of the fcaling : But if the Condition be, that if fuch Sliip (hall fail from London to any Port abroad, and (hall not arrive tiierc, &c. then, (^c. there the Contingency hath not its Be- ginning till the Departure. A Mafter of a Ship may not take up Money on Bottomry in Places where his Owners refide, except lie be a Part Owner, and then he may only take up as much as his Share in tlie Ship will anfwer; for if he exceeds that, his own Ef- tate is Uable to make Satisfadlion* j but when a Mafter is in a ftrange Coinitry, 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 underftood, j„,( jj. where Money cannot be procured by Exchange or any other Means : And in 2 Mod Cafe« the firft Cal'e, the Owners ar*^ liable by their Velfel, though not in their Perfons ; "'' but they have their Remedy againft the Mafter. Some Maftcrs of Ships, who had infured or taken up Money on Bottomry, to ,0 Car. II. a greater Value than their Adventure, having made it a Pradtice to caft away and Cap. 0. dcftroy tlie Ships under their Charge, it is made Felony, and the Offenders to fuffer Death. By another Statute it is enabled, that after the ift oi Augtift, 1746, ^very ^ ^ ^^^ jj^ Sum lent on Bottomry, or at Rejpondentia, upon any Subjefts' Ships to, or from cap. 37. P. the Eaii-Inaies, iliall be lent only on the Ship, or the Merchandizes laden on 5^'>- board her, ai;d fo expreffed in the Condition of the Bond, and the Benefit of Salvage fliall be allowed to the Lender, his Agents, C^c. who alone fliall Iiave a Right to make Affurance on the Money lent ; and no Borrower of Money on Bottomry, or at Relpondentia, as aforefaid, (hall recover more on any Afturancc than the Value of his Intereft on the Ship or Effedts, exclufive of the Money borrowed. And if the Value of his Intereft doth not amount to the Money bor- rowed, he (hall be refponlible to the Lender for the Surplus, with lawful Intereft for the fame, together with the Aflurance and all Charges, &c. notwithftandin"- the Ship and Merchandize be totally loft. All his Majefty's Subjects were proliibitcd during the Continuance of the latcn c il War to lend Money on Bottomry or Refpondentia, or any Ships or Goods bc-P-T'^- longing to France, or to any ol the French Dominions or Plantations, or tlie Subjedls thereof, and in Cafe they did, the Contrads and Agreements to be void, and they or any Agent or Broker interfering therein was to forfeit 500/. &c. Some Juve pratitifed the taking up Monies on a fictitious Suppontion, the Con- p. 77. dition reciting, Whereas there is fuch a Ship (naming her) hounJ to Amfterdain, whereof Jitch a Man is Majier (although there be neither fuch a Ship or Mafter exifting) that if that Ship jhall not arrive at fuch a Place ■within twelve Mmtbs, the Mmey agreed on jhall .>e paid-, but if the Ship jhall arrive, then notbin.^ -, this is ao unreafonable Way of raifmg Money copied from tliu Italians; and th j.^li it is alio very unconfcionablc, and, as to eternal Right, unjuft ; yet it has iiad a Currency between the necellitous and avaricious Part of Mankind, and it was adjudged • Hob. 17. Mt. 9ig. Ajy95. Lauh 2;i. Stii. J4. Ltx. Koc. lor. 122. ll !i- 144 O r B O T T O M R Y, &c. adjudged * tlnU fuch a Contradl was good, according to tlie common Law of this Rc.ilm, and that on a fpccial Verdid ; but though it has tills Sandion, yet the pohibi'ing Inlurancc, Intercjl or no Intereji (as by the afore-rccitcd Ad) will tend to render it at leaft lefs pradicabk, if not utterly to dcftroy it. The Form of a Bill of Bottomry. . • rT*0 all People to 'whom thifc Prtfentf JJ:all come, I A. B. of, Sec. Oii-ant to and ivith the faid C. D. that the faid Ship f:all ivilh the frjl fat'' -find, after the Day, &c. depart from the River Thames, an I faH, as IVinJ and Weather fiall ferve, pro- ceed in her Foyage to, ice. in the Weft Indies j and having there tarried until, &c. and the Opportunity of a Convoy (if in Time of War) or heing foner difpatched (which ilull firft happen) jhall return from thence, and jhall as Wind and [Fea- ther Jkall firve, direllly fail hack to the River ^/' Thames, to fnijh her faid Foyage: And I the fid K. B. in Conf deration of the faid Sum of ioo\. tome in Hand paid by the faid C. D. at and before the Sealing and Delivery of thefe Prc- fnts, do hereby bind myfilf, my Heirs, Executors, and Adminijlrators, my Goods and Lhuttels, and particularly the fiid Ship, with the Freight, Tackle and Apparel of the fame, to pay unto the faid CD. his Executors, Adminijlrators, or Af- Jigns, the Sum of izo]. of laiv/ul Bntiih Afoney, within one and twenty Days next after the Return and fafe Arrival of the faid Ship, in the Jaid River of ThAtnes, from the faid intended Foyage. And I the fid A. B. do for me, my Executors and Adminijlrators, covenant and grant, to and with the faid C. D. his Executors and Adminijlrators, by thefe Pnfnts, that I the faid A. B. at the Time of Sealing and Delivery of thefe Prefents, am Irue and lawful Owner, and Majier of the faid Ship, and have Power and Authority to ch.'rrge and engage the faid Ship, as aforefaid ; and that the fiid Ship f:all at all Times, after the faid Voyage, be liable and charge- able for the Pay.netit of the 120I. according to the true Intent and Meaning of thefe Prefents. And, lallly, // is hereby declared and agreed, by and between the faid Parties to thefe Prefnts, that in Cafe the faid Ship Jhall be loji , mifcarry, or be cajl aivay, bej'cre her next Arrival in the faid River of Thames, from the fame intended Foyage, that then the faid Payment of the faid 1 20I. Jhall not be demanded, or be re- coverable by the faid C T). his Executors, Adminijlrators, or Affigns ; hut Jhall ceafe and determine, and the Lofs thereby be wholly borne and fujlained by the faid C D. bis Executors and Adminijlrators : And that then, and from thencej'orth, every A£l, Mat- ter and Thing herein contained, en the Part and Behalf of the faid A. B. Jhall he void; any Thing herein contained to the contrary noiwithjlanding. In Witnefs, ^c. Of Ballaft. l,Wfr'iCaf-,rT^ HOUGH Ballaft has been adjudged to be no Part of a Ship's Furniturr, i-o/r, 6. 47. Y yet it is fo requiiite to the failing of moft Veflels, as to render an Enquiry into its Coft, and the Laws about it, very neceflary, while treating on Maritime AfFairs : It generally confjfts of Sand, Grri/el, or Stone, though any heavy Matter anfwers the Purjiofe, which is to iink the Veflel to its proper Depth in the Water, or fo to adjuft Weight and Countcrpoife, as to enable her to bear Sail without overfetting. 6 c-u. n. c. All Mafters of Ships, lying in the River of Thames, ftiall pay to the Corporation of Trinity -Houfe, for all Ballaft demanded and entered at the Balbll OtHce, the 29. s. I. • C. B. //e Orders of the Rulers of the Office, given in Writing, or fliall join in any Combination to raife Wages, or obftruift the Service of the Corporation, or the Navigation of the River, every Perfon fo offending and being conviiil:ed as aforcfaid, (hall forfeit 5/. The Corporation of Trinity Hciife (hall canfe M.^rks to be fet on the Stem and Ditto, S. 7. Stern of e/ery Lighter, between every two Gauge Marks now placed on the Stem and Stern, that the Tonnage of eveiy fuch Lighter iniy be diftinguifliing by a gradual Progrefllon of two Tons and a half. It fliall be lawful for the Mafters of Ships, taking Ballaft, to meet in the Square Dit;• Ditto, S. 18, Ditt-, S. 19. Ditto, S. 10. Ditto, S". 20, Ditto, S. 25. OF B A L I- A S t. U)> Veflels,. to the prevent the 5 to Ballaft... other. For Remedy whereof, it is enacted, that if, after 7'"''' i. '74'^. ^"y Martcr igC«.n, or Owner, or any Perfon at'.ling as Mafter of ahy Ship oi* other V'clVel wh.itfo- evcr, rtinll c.\{\, tlirow ont, or unlade, or, if after tlic Day aforef.iid, there ihall be thrown out, ^Jc. of any Veflel, heinj; witliin any Haven, Fort, Road, C"han-r. 4^4. ncl, or navigable River, within Kngluml, any fiallall, Rubbilh, Gravel, F.aith, r.tone, Wreck, or Filth, but only upon the Lai'd, v. here the Tide or Water never flows or runs ; any one or more Jufticcs for the County or IMacc where or near which the Ofl'ncc (hall Ijc committed, upon Information thereof, (hall funnnon, or ifllie his Warrant, for bringing the Mailer or Owner of the Vellel, or other Perfon ading as fuch, before him, and upon Appearance or Default, (hall pro- ceed to examine the Matter of I'ad, and upon I'roof made thereof, either by ConftiTion of tlie Party, or on View of the Jullice, or upon the Oath of one or more credible Witnertt:.s (whicli Oath the (aid Juftiec is to adminifter) he fliall conviift the faid Mafter, cs'f. and fine him at his Uillretion for every fuch Of- fence any Sum not exceeding 5/. nor under 50J-. &V. and for want of futticientp. 40J. Didrcfs, the JuRicc iS to commit the Mailer, or Perfon adting as fuch, and con- vided as aforefiid, to the conmion G.iol or I (oiife of L'orredion, for the Space of two Months, or until Payment of the Pcri.iltics. _ "« "■Xhe follo-,i}!::g yld cx^'.ain'rig anJ. amnuUng tbcfcnncr, pijjfcd 3.2 Geo. II. Ihe Act of 6 (Uo. II. for" tiie better regulating Lallage and Ballaftagc in the.12 C,». 11. River Tf.iiiiics, being near expiring, it is enay 8 Geo. IL Cap. 21. /o 25 March, 1749, 6cc. Further continued until 25 March, 1764 ; and from thence to the End of the then next SeJ/ion of Parliament, hy 23 Geo. II. p. 485. The Lord Warden of the Cinque Ports, or his Deputy, with the Alfent of 7 c.t. l. C. the Commiirioners of Loadmanage, and of the Mailers and Wardens of the Society ^'' ''• ' *• of Pilots of the Trinity Houfe of the Cinque Ports, at a Court of Loadmanage, may, during the Continuance of 3 Ge-a. I. Cap. 13. make Rules and Orders for the better Government and Regulation of the Pilots rcfiding at Dover, Deal, and the Ifle of Thanet, and may order a fufficient Number of them, not lc(s than eighteen, to ply conllantly at Sea, to be ready to condudl Ships up the Rivers of Thames and Medway ; and the Lord Warden, Gfc. at a Court of Loadmanage, may fuipend or deprive any of the faid Pilots, for breaking the faid Rules or Orders ; and if any Pilot, during fuch Sufpenlion or Deprivation, fliall take upon himfelf to condudt any Ship, by, or from Dover, Deal, or the Ille of Thanet, to any Place upon the River Thames or Medway, he (hall be liable to all Penalties provided by the faid A.€t againft fuch Perfons as (hall condud Ships from and to the Places aforefaid, witliout being firft examined and approved of by the Mafter and Wardens of the faid Society. Continued as the preceding kil of 3 Geo. I. Cap. 13. /"y 8 Geo. II. Cap. 21. to 25 March, 1749. And further continued to 25 March, 1764, by 23 Geo. IL , ^485• If any Perfon (hall take the Charge of any Ship as Pilot, down the River of ; g«. 11. c. Thames, or through the North Channel, to, or by Orfordnefs, or round the Long^°'^' '" Sand Head, into the Do".iins, of down the iSouth Channel into the Downs, or from or by Orfordnefs upon the North Channel, or the River of Thames, or the River Medway, other than fuch as (hall be licenfed to adl as a Pilot, by the Mafter, Wardens, and Afiiftants of the Trinity Houfe oi Deptford Strond, under the com- mon Seal of the Corporation ; every Perfon fo offending, and being convidled before two Juftices of the Peace for the City of London, or the Counties of Middlejex, EJJix, Kent, or Surry, fliall, for every Offence, fbrfcit 20/. provided that nothing in this Ad (hall extend to the obliging any Mafter of any Sliip in the Coal Trade or Coafting Trade, to employ a Pilot. -^ ' . •si Q^q The ISO OF PILOTS, &e. 5 On. 11. C. to. 8. I. Diito, S, g. Dilto. S. II. Ditto, S. 1], Citto, S. 13. 'II *i The Pilots already admitted by the faid Corporation fliall l>e MijvA to the Regulations of the Corporation, provided the Kei;ulations do not relate to the Pilots keeping of Turns, or to the fettling the Rates of Pilotage j and fliall pay the ancient Dues, provided the fame do not exceed one Shilling in the Pound out of iheir Pilotage, for the Ufc of the Poor of the Corporation, within ten Days after the Service of fuch Pilots (hall be ended. In Cafe fuch Pilots (hall refufc to take the Charge of any of his Majefty's Ships, when appointed thereto by the faid Corporation, or fliall have mifbehavcd thenifelves in the Condudt of any Ships, or in any other Part of their Duty j or if Pilots (hall refxife to obey any Summons of the Corporation, or fuch Orders as the Corporation fliall make in the Premifes, the General Court of the faid Cor- jKiration, upon Kxamination thereof, are required to recall the Warrants granted to fuch Pilots ; and if ("uch Perfon fliall (after Notice given by the Clerk of the faid Corporation to them in Perfon, or left at their Place of Abode) aft as I'iloti within the Limits aforementioned, they (hall be fubjcft to all the Penalties inHit^tedon unlicenfcd Pilots. Nothing in this At\ 'h.dl extern! to the impeaching of any Privileges enjoyed by the Pilf^^ts of the Triiiily Houfe of Kingjlon upon Hull, or the Trinity Houfc of Ncwcajlk up')n Tync. This Ad ihall not extend to the impeaching any of the Franchifcs, nor to take away tlic fole right of piloting Merchant Ships, from or by Dover, Dcul, and the Illc of Tiianet, upon the Rivers Thames and MeJivay, granted to the Society and I'cllowihip of the Mafler, Wurdcns, and Pilots of tns Trifiify Houji of Dover, Deal, and the Uleot'T/banet, by 2 Geo. I. Cd/>. 13. This Adl fliall be a publici: At\, (^c. The Matters in the Royal Navy arc the Pilots : They have the Charge of the Ship during the whole Voyage. The Captain direds where he would have the Ship conduced to, and takes Care of himfelf, and with the AfTifliance of his Lieutenants and other Ofliccrs to make the Mariners obey the Mafler, but he hoa nothing to do with the Steerage. lie is refponfible for the Lofs of the Ship in Battle, or if he gives the Mafler Orders to lay her in a Placeof Danger, contrary to the Matter's Advice j but where no fuch Event happens, the Matter is to Account for the Lofs of the Ship, by the Dangers of the Sea. So far the Marine Laws of England are our Guide, but as it often happens that Difputes arife, for which they nave not made any fpecLil Provifions, liritifli Coniuls, whofe Otiice obliges them to be Arbitrators for their Countrymen ; "as well as Merchants at Home, who arc called upon to arbitrate between firitifli find Foreign Subjefts, /hould be well acquainted with the Marine Laws of other Maritime States, efpecially fuch as are held in general Etteem, and arc refjiedcd in the Courts of Judicature of the Kingdoms and States of Europt. We fliall begin with the Laws ot France, which however are founded in a great meafure upon the Laws of Okron, inftituted by Richard I. King of England, upon his Return from the Holy Land about the Year 1195; Richard at that Time having extenfive Polfeflicns in France, amongfl others the Town of Olcron in Gafcony, fituated on the River Gave, belonged to him. Did. it Cm, In France no one can ferve as a Pilot until he is at leaft twenty-five Years old, ?5'./• Day. If it happens that a Pilot having condudted the V'clfel on tliis Side the J'Liak, and the Mafter cannot pay him, either for want of iMoney, or otherwife, fo that the Pilot is obliged to come up with the Ship to the Place dcligned, tlie Maftcr (hall give him twelve l''!orins beddes his Pilotage, and may for tliis niake U(e of him until their Arrival ; but, if the Pilot is accidentally detained through Want of a Boat, (^c. to put hi 1. alhore, in fuchCale, the Maftcr is not obliged to pay him any more tlian hi;; Pilotage. Ditto, Art. «. All Pilots (liall be obliged to board the Ships at a League without the Sl.almvi or Flats, and thole which (hall not enter them but on this fide the (irll Buoy (hall only have half Pilotage. Ditto, Art.2. All Ships and Gallies which come from the Weft, from the Levant, from Bar- hiiry, Gcnoti, tlie Canaries, from Spain, France, England, Alnfcovy, Gnerland, Denmark, SiVeJen, K ningflierg, Dant::ick, Bergei:, Dr'jtttlicn, Nileus, Hambonrg, antl other Places in their Neighbourhood, as alio the Galliots, or other Velllls, laden witii Charcoal, of whatfoever Nation they are, as well Foreigners as Natives, who will enter the Texel, (hall be obliged to take Pilots, and to pay them on the F'ooting of the pre/lnt Ordinance, when they come to offer thein- felves without the Buoys, provided that the Ved'els from the North (lull pay 24 Stivtis the I'oot to Niewu's, Diep, and 24 Stivers the Foot to this Side of the I'liUik, and that they are free in the Koadof the Merchants, or Ko^'piiartiiis ReeJ. The Vedels coming from Norpnt^r, Dronthicm, and Romjaaal, with Bale Goods, Iron, Fi(h, Oil, and other Commodities, (liall pay as much as thofe from the Baltick, without Exception : But the Galliots or Smacks coming froin I'Eyiier, yutlanti, or Norway either in Ballaft or laden with Cattle, (hall pay 1 5 Stivers the F'ooi, if the Pilots go aboard them beyond the Openings, and the Pilots may leave them when they have condudled them into the Road of the Merchants ; but if a Pilot quits his Ship before bring-ng her into the faid Roads, he (hall forfeit 12 I'lorins ; and, if the Captain will be piloted on this Side the r/aak, he (hall augiiient the Pilot's Salary 5 Stivers per Foot, paying 20 inllead of 15. And if the Captain refu(i;s to pi'y the Pilot, tlds latter may follow him to his deftined Port, to recover his Salary, and the Charges occalioned him, for which Charges he ftiall be allowed 12 Florins ; the Velllls, which have a third of their Loading, Ihall pay as is ordered in the 24th Article, and all that is taken in with the Tackcl, or that is laden in a Ship from Hand to Hand, whether it he Oils, Bales, Sacks, Calks, Lead, &f. (hall be reputed Merchandize, except all Sorts of Wood, which (hall not becfteemed (luh. fcitto.Art.io. The Pilots (hall be obliged to go and ccine once a Month througli the Open- ings to found the Depths exadlly, to vilit the Banks and Shores, and nicely to CKamiue the B'.'uys and their Rupts, to fee tiiat they a: ■ >t worn out, and whe- ^'- O V PILOTS, &?. »53 ihcr the SIikIIous arc n'\v Tiling altered, which they flnll be alfo obliged to do, as often as there (hill happen tcmpcftuous bad Weather; and, ifthey perceive any Change in the Shallows, banks, or elfewhere, they ftiall be obliged immediately to declare it to the Lords CommifTioners, that they may immediately remedy it. And if it happens that the Pilot runs the Ship afliore, whether through Vil- Ditto Art. iti lainy, Difaftcr, Inadvertency, or Imprudence, the Commillioners fhall take Cognizance of it, and puni(h him according to the Exigence of the Cafe, either by Sufpcnfion, Difcharging, Banifliing, or by a greater Punifhment, even with Death; but if it happens through an extraordinary Cafualty, as by an unforefeen Mifchance of a fuddcn Change of Wind, or of the Current, or other fimilar Accidents, the Penalty rtiall be moderated by the Commiflioners, as they (hall think juft; ordering to this EfTeft the refpedtive Officers to inform themfelves exadly, of what has pafled, and to fend their Declarations to the Commillioners, fts alfo, if the Cafe require it, to feize the Pilot, and proceed againft him accord- ing to what he has done. Ships or other vedcls (hall pay fo- piloting out, 1IO Feet Water II D° — ^ 12 IT — — — And thofc that draw above twelve Feet Water Ditto Art. I (. 8 9 Pence, Stivers, D° 10 D" (hall pay 1 2 Stivers the I the Foot. Foot. lO lO And in cafe of refofuig Payment, the Pilot, on the Ship's Return, may pur(ue the Cap.ain to the Place he is bjund io, to recover his Due, with Charges, for which he (liall be allowed 12 Horins; but the ve(rels going to the North arc excluded; and thofe which have a Third or more of their Cargo, (hall pay Pilotage as follow s. Thofc that draw from Feet Water — — F. iS 20 _ 22 — -" 27 — 30 - 40 __ — 48 thofe that draw more I'^et Water, (liall pay for every furplus Foot 12 Florins, and 6 Florins for each half Foot, but nothing for the Quarter of a Foot. And every Pilot (hall be obliged to abide aboard till the Ship is got without, DittoAtt. 17. and (hall not undertake to carry out another till he has condudled the firft into open Sea, on Penalty of 12 Florins Mulft, and Sufpenfion for twelve Weeks; and when the Wind is fair for getting out, the Pilot's Boat muft 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 Captain go in the (ame Boat, they (liall be obliged each of tiiem to carry a Pilot with them, to condudt their Ships abroad, ifthey 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 (hall he obliged on his Return adiore, to declare to the Officer the Names of the Ciptains that he has carried aboard, and that of the Pilots, as above, on Penalty of 18 Florins. When the Pilots arrive on board, they fliall immediately demand of the Cap- oiitoArt. it. tain or Mate how much Water the Ship draws, which they (hall be obliged to declare without Referve, on Pain of forfeiting fixtecn Florins. to Feet Water — F.6 H 'i- — — 6 10 '5 9 — — 7 »5 9; — — 7 10 16 10 — — 8 16 lO-J. — — 9 17 II — — — • 10 »7 11^ — — 1 1 18 12 — — 12 18 12; — — '3 19 »3 — — H '9 '3v — — 15 20 H — — 16 »f Tho '5+ PittoArt.i9> OF PILOTS. &c. The following Pilotage fhall Ix: paid for the. Entrance of Ships, according to the Feet they diaw of Water counting by Feet and half Feet, which tlie Cap- tains fliall be obliged to pay, except tlwfe which come from the North as in tlic 9th Article, viz. in Summer, to commence from the ift of ylpril to the jft of September, to be counted from the Day that the Ship pall'cs the Vlaak, and not from the Day that n)e (hall be got in. For every Ship or Veffd that droKs. 7, 8, 9, to 10 Feet Water 10 :- — 1 1 — 11^ — - 12 — — 12: — 13 i3i 14 Ht >s — F. 12 '3 15 16 18 >9 20 26 29 10 16 16- '7 '7i- 18 18 I. 19 •9: 20 Feet Water •36 40 47 55 6j 72 81 90 100 1 10 10 10 Jn Winter, to begin from the \Jl of September to the lajl Day of March. II ti 10 10 10 15; 16 16:- >7 17 :■ 18 18;- 19 •9. 20 Feet Water F. 48 lO 54 63 72 82 92 103 115 127 14Q 10 10 DittoArt.si. And every Veflel that draws more than twenty Feet Water, n-..ili pay for every Foot over, 25 Florins, though only Feet and half Feet lliould be paid for, without reckoning any Thing for the Quarter of a Foot, under Penalty of 20 Florins. DiiioAit.14. All Veflels coming from the Levant, Barbary, the Canaries, fioin Spain, France, England, Mujcory, and all other Parts, as in the 9th Art. with a Third or more, of their Lading, (hall be deemed as full, and (hall pay 3 Florijis iiidead of 2, provided that the reft of their Cargo confifcs only in Salt, or in common Goods ; and the Ve(rels which (liall not have a Third of their Lading, (lull pay according to the preceding Regulations, made in this Ordinance. AH Ships coming from Guinea fiall pay 10 10 10 14; >5 '5v 16 16; 17 '7r 18 18; •9 '9i 20 Feet Water • 58 65 73 81 94 108 '23 •3» '55 172 191 210 10 This i '55 DittoArf.iG. DittoArt.17. DittnAtc.;.ii. DittoArt.jo. OF PILOTS, &c. This being the Tax of Pilotage during Wir.tcr ; and Ships coming from America, from Brazil, or the neighbouring CoaftR, half laden, (hall pay as thofe V hich come from Guinea ; but thofe which (hall come from America, or from the Strci^hts with Salt, (hall only pay as other Ships laden with Salt, according to the prcfent Ordinance. Provided, that the Pilots who fliall bring in any Ships in a great Storm, or fuch as are without Anchors, Marts, Cables, or Rudder, (hall have, befidcs tiieir ordinaiv Hire, as much as the Commillary, or the Arbitrators which he (hall have e(iabli(lied, think proper to adjudge. And all Pilots (hall be likewifc obliged to carry all Ships and Captains out to Sea, whenever they are required, and this on reafonable Terms ; and no Pilot (hall undertake to carry out more than one Ship at a Time, under Penalty of 25 riorins and Sufpenfion of fix Weeks : Neither is it permitted to any Pilot who has undertaken to condudt a Ship out, to refign her to another, under Pain of 6 Florins Mulct, but if any fuch Pilot happens to fall (ick, the Captain may take any other he plcafes. When Pilots are to carry out, or bring in Ships, they cannot oblige Captains to take more than one, nor charge him for any Damage that their Boat may have fuflcrcd m going aboard, or before the Ship, on Penalty of 25 F"lorins, unlefs that it be by exprefs Order of the Captain, in which Cafe he muft produce Proofs of the (aid Order ; in Want of which, he (liall not be allowed more than a common Pilotage. And in Cad that a Ship appears either by Night or by Day, without meeting with any Pilot, and her Company dclire any Filherman (not admitted to the Funttion) to condud her in, the Firtierman is obliged to declare to the Captain tliat he is no (worn Pilot : In the mean Time, he may enter the Ship, and under- take to bring her in ; but if afterwards, it happens that a Pilot comes aboard to offer his Service, he (hall be preferred, and the Fidierman obliged to quit her, except he agrees with the Pilot that they (liare the Pilotage between them, which fliall beat the Kledi"'n of one and the other. But if the Fidierman has once brought the Ship within the firft Buoy, before the fuorn Pilot got on board, the Fi(herman fliall not be obliged to abandon her, nor to yield up the Moiety of the Pilotage. Item, all Ships Ix-ing in Danger, their Captains may demand and take two Pilots, p.\ying a double Reward ; but, if there remains more than one Pilot aboard without the Captain's Order, thofe that remain unordered (hall have nothing to pretend to but what the Captain pleafes to give them freely, as he (hall think proper. When a 'Pilot has brought in a Ship, and received his Salary, he fliall be obliged to give the Captain an Acquittance, which (hall contain the Number of Feet the Ship draws, and the Sum he has received ; which Acquittance he fliall lign or mark, and the Captain fliall be obliged to demand one, upon which to reimburfe him((lftlie Pilotage from the Merchants, in Want whereof thefe latter (hall not be oMig.ited to pay Iiim any Thing; and befidcs this, the Captain and the Pilot (hall forfeit 6 I'lorins each. We forbid every one, whofoever he be, to infult, abufe, or injure any of the Pilots admitted and fworn, either in the Streets, at the Water- (ide, inthepublick or private Houfcs, or to deride them for their Employments, on Penalty of 6 Florins for the firft Time ; 1 2 Florins, and an arbitrary Corredlion foi the fecond } 18 Florins and Banifliment for two Years for the third. If it happens that any Ship is (breed to enter by the Openings to anchor, either DiitoArt. «. by a contmry Wind orotherwife, and would go out again, (he fliall pay 15 Stivers per I'oot Pilotage j but (uch as would be condudted within the Vlauk ihall pay full Pilot.ige ; and if the Pilot has brought the Ship fafcly into the Amelander Diep, eitiier by the Captain's Order, or conftrained thereto by bad Weather, the Pilot (hall be obliged to remain on board, at the Will of the Captain, until a proper Scafon olters for getting out, and the Pilot (hall have fix Florins, once for all, for his Time, belidts his Viduals. If any Captain dclires his Ship to be conduced in the Balg \\\e. Pilots fliall DitwAti jy. be obLgcd to carry them for 20 Stivers the Foot for which the faid Pilots arc to ^ convey DittoArt.31. DittoArt.31, DiltoArt.jj, DittoArt.jj, iili \ ^m i: i;6 OF P I L O T &c. convey the Ships as far into tlic Eii/g as the Captiiins plcalir, and as a great Number of Boats or Barges are cri:;i,ionly employed in going bcfire lartjc Ships, to found tlic Coall for their 6ccui ii .-. tlitre ih.ill be paid for each 13ciat, whcihef tliey have one or more men in them, the Two-Thirds of the Salary of one Florin frr Foot, provided the f.;id IJoats (hail have a Third more, for Ships laden with McrtJiandizcs in the Article 24 ; ilic Wliole, without any Difpute, on Penalty of 12 Florins, bcl'idcs the t'ilotagc; and it is to be underllood, tiiat when a Sliip in Winter, or in the icy Scalbns, ihall have been conducted into the Bdfy, by Order or Confent of the Captain, or his Mate, thu Pilotage (hill be earned, and afterwards a half Pilotage Ihall be paid for carrying the VelVel from the Bi:/g to the f7aai. Dittc.,Art.39« Ships \^hich return from the E.///, from Noricay, and the adjacent Parts, although they had taken and hired a Pilot, on going, even with the Confent of the Commillary, they (hall ncverthelel's be obliged, on their Arrival before the Place, to take another to condu(fl them througli the Openings, and to pay him the Pilotai c upcn the Footii g of tl>is prcllnt Ordinarice, the which Pilotage Ihall I e jiai t'.d between the two Pilots ; ;irid iiim that ihull have been taken lo bring the Ship (hall be free, after he has brought the Ship in the Road of the Merchants, or Koopvatirtlrs RccJ. Each Pilot IJcat, or Galliot, (hall carry a white Vane or Weather Flag at the Top of the Mafl in which may plainly l>e feen the Number of 1,2, -;, 4, 5, t'l . to the Number of Boats th" there (hall be, or elie the Numuer (hall bo marked in large Figures of two root fquare, with Black Tar, at the Top of each great Sail of the Boats : And if a Pilot Boat palTes by a fmall Ship, without putting a Pilot aboard her, with the View of goinw to a larger the Captain may declare it, and in this Cad all the Pilots who (hall have i"o ncgledled him, lliall forfeit 25 Florins each; and all who (Ir.ll go to Sea without tlieir Number marked in their Flag, or in their great Sail, Hiall alio pay 25 I'lorins each, and fliall be fuipendcd lix Weeks ; thofe who (hall have found any one in Fault, and not declared it to the Officer, fliall pay the fame Muldt. The States, at the Time of making the foregoing Ordinance, for the Pilots Ditto.Art.ifC- Art, 4. Art. 6. the h liuik, is detained either by bad Weather, him alhoie, in this Cafe he lliall have i Florin the Ship is flopped by Ice, the Pilot (hall Alt. 7. of IluvjUiiyncn, Pctlcn, Cahm-oog, Tew/, and the adjacent Parts, mi.ue another for tht: Pilots of rii.-l.inJ and 'Tcr Scbcllitig, and the neighbouring Territories, difFtring chiefly from the other in the Names of the Places, and (bmething in the Charges of Pilotage, which I (hall particularly mention. F>ery Captain of a Ship that enters by the /V/V with a Pilot of Tcr ScM/irig fliall be obliged to pay 6 Stivers every Time, more than the ordinary Pilotage, for the Relief of poor and aged Pilots. The Pilots (hall be obliged to go aboard the 'ihips at a League beyond the Fhits, and thofe who only embark on this Side, the lir(l, (Icoiul, third, or fourth Buov, (liall have nt- more than 15 indcad of 20 Stivers per Foot ; and if any Pilot having condudied a Ship up " or the Want of a Boat to cany /.rl'oot; but if, in Winter lime endeavour to c.irry her into the /\.v;.r on Sh'A, and, having (ecured Iier there, he (lu'.ll remain four Days to fee whether the Weather will change, and, if then the Ice continues, he has earned his Pilotage, and may cjuit the Ship, and the Captain fliall pay hhn -; Florins for his Attendance the four Days ; ami, if the C'apt.iin w ill detain him yet longer, he (hall pay i :; Stivers per Foot, belidcs his Provilior,; ; hut if the Captain \\\\\ abliihitely be carried up the r/j,d\ the Davs of I'av fliall ceal'e on heaving up the Anchor, and the Pilot fliall be obliged to conduit him for i6 Stivers the Finn ; and wc prohibit all others but (worn and admitted Pilots, to undcrtaki; the bringing any Ship from PhrcvM, by the Opening oftlie/7/V, on Penalty of z 5 I'^loriris. All Vellels coming trcm the Eiij/, Idyi, from Miijlovy, and the adjacent Parts, as al(b thoie tn)m lUrgeii, Droiithicm, and AV/w/, and all Charcoal Vcf- fels drawing eight Feet Water, which will enter by the i'lic, (hall be obliged to take a Pilot to bring them in, although they ha\e t.ikcn one at the SouJ, or ihewhere, without leaving the Captains at i.-iberty to refufe, or to excufc laying the Pilotage j and in Calc of Re(u('al, the Pilots nwy follow the Captains to T^ O F W 1. J K S, ke. \$7 to the Places they are bound to, to ret \ "^e Pilotage and Charge of their Journey, which fhall be fettled at 12 Flui...j, provided that the Galliots, or other unall Veflels, which draw no more than four., five, and fix Feet Water, fliall pay to the Shot 24 Stivers the Foot, and to this Side of the FliUil:, 34 Sti- vers tne Foot ; the Ships coining from Normer, Drontbkm, or from Rcomfiliinf, laden with Iron, Oil, Csfc. fhall pay as much as thofc which come from the Daltick, without Exception -, but the Galliots or other Vcifels, which ofily draw ten Feet Water, or Icfs, coming from I'Eydcr, Jutliviil, or Norii-ay, witli their Ballaft of Salt, or laden with Beeves, rtiall pay 1 5 Stivers per Foot, if the Pilots enter them without the Openings, and condudt them to the Shot, where they may quk them : But if a Pilot leaves a Ship before he has brought her to thcfaid Place, he rtiall forfeit 12 Florins; and, if the Captain will keep the Pi- lots till on this Side the Vlcutk, they fliall pay them 5 Stiver for each Foot more than the 15 : And, in Regard of huien Ships, it fhall be regulated, accord- ing to the 9th Article, except for thofc wlio arc only in Ballaft, or tl-.ofe whicli are l.iden with Wood or Cattle. Thofe Veflels which have one-tliird of tjjeir Cargo fliall pay Pilotage, as A;t. 14. 1;. dircded in Art. 16. for the Tfxcl ; and thofc coming from the Eaft and Nortii, fhall pay Entrance as undernciith, according to the I-'eet they draw, to be tuuntecl by P'ect and half Feet ; but the Galliots or fmall Vellels coming from tlie North, which only draw from four to iw Feet, 'lall be exempt, as in tlie pre- ceding Article, viz. in Summer to commence the ifl of April, provided tlic Veflel palTes the Vluak tluit Day, for afterwards the Oiflindion (h.dl not be made of the Pilotage of the Summer and Winter, but of the D.iy that the Ship pafl"cs the Vlaak, and not tht Day of her P^ntr.mce. Ei;ry Slilp or Vejj'd which draws . 5, 6, 7, 8 to 9 Feet Water P. 12 ' ' " . 9^ --_.-_ 12 10 10 '3 10 ;. - - - - - -14 And the Remainder to 20 Feet. exaftly the fame as Article 20 in the preceding Ordinance. And for the Winter's Pilotage to commence from the id of September, if the VefTcl pafTcs the P^laak that Day, till the lafl of March ; ■ Every Ship or Vcjfd lihich draws 4.5.6,7,8, to 9 Feet Water F. 1 8 *' ' • 9x------i8io 10------ 19 10 loj^---- — 20 5: And the rcfl 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 mofl of the Marine Laws in the Northern, and other Kingdoms where there are any, are taken cither from the Sea Laws of" U'i/hiy^ or from the Dutch, who have incorporated moft of the Wif"buy Laws) and improved upon them, I fhall not enlarge further on this Subjeft. Of JFrecks, Flotfam, Jetfamy and Lagan, A WRECK, (in Latin, Wreccum Maris, and in French, Wreck Je Mer) fig- -y^^^., i nihes in our _ Law fuch Goods as, after a Shipwreck, arc caft upon Land /vL'^/r^r" 'recks fo 2 Inft. 167. 560, lob. a. , . penllicil, and t!je Goods float upon the Sea, ,■■• S s A *. nines m our Law lucli lioods as, alter a Shipwreck, arc call upon I by tlie Sea, and left there witliin fume County ; for they arc not Wrecii long as they remain at Sea, in the jurililidion of the Admiralty. Fictjlm, is when a Ship is funli, or otherwife perilhed, and the Goods 56c. 106. i. "Jetfafn ' I I Ml III i .58 lU. OF WRECKS, fctf. 3- '■ ». J>. A' fl. IJ2. 46 £. III. Jiraft. Lib. Tr.Hfr. i.c 4- i £ 1. J Inft. i66- S Rep. 106. ''fcffam. Is when a Ship is in Danger of being loft, niul in Oni'r to (!ivo hy lightening her, Ibme Goods arc call into the Se.i, not,\itlifl,inJing \\hich Hw attcrvvariis pcrilhes. LagiVi, or Ligan, arc thoic heavy Goods which arc call into tlie Sen, before a Ship is loll, in Order to prefcrve them ; and that they may he found again (if Providence permits) a Buoy is generally fideiied to them. The King lli.dl have FlotJUm, yetjlim, and Lagan, when the Ship pefiflicth or when the Owners of the Goods arc not known ; but when the Ship does not pcrilh, 1' contra. Cde 5 Part A Man may liave Flotfvn and Ji'tfam by the King's Grant ; and may have c'lkt 2'^Vnft. Fl<^il'i'>i \vithin the high and low Water-m.irk hy I'refcription, as it appears by Fel, 16;. thofe of the Weil Countries, who prefcribc to have Wreck in the Sea, fo far as they may fee a Iluinkr Barrel. SifHtn.Cf:. By the Grant of Wreck will ^■xk F lot/am, yctfam, and f.//w;, when they tWc /'ar'/!^''e oil upon the Land ; but, if they arc not call upon the Land, the Admiral t'»l. 107. hath /urifdidion, and not the Common Laiv, and they cannot be called frnvi: By the Common Law all ll^recks belong to the Oro^vn, ami therefore they are not chargeable with any Cuiloms, becaufe Gotids coming into the Kingdom by V/red: arc not imported by any Body, but cart alhore by the Wind and Sea : But it was ufual to I'cizc IVn't, is to the King's Ufe, on/v when no Owner could be found ; and, in that Cafe, the Property being in no Man, is in Confcqucncc belong? to the King, as Lord of the kat-roiv Seas. Though when a Man, Dog, or Cat, efcapes alive out of any Ship that is loft, neither the Ship, nor any Thing therein, fliall be adjudged //Vr^, but tiie Goods ftiall be faved and kept a Year and a Day by the S/nr/f/', to be rellored to any Perfon who can prove a Projierty in them ; and if Nobody appears to claim in that Time, they ihall be forfeited as ICrn/; ; the Year and D.iy (liall be accounted from the Seizure, and, if the Owner of the Goods dies before tlie Expiration of that Term, his Executors or Adminiftrators may make Proof, though, it" the Goods are Bona pcrittira (pcrilhable Goods) the Sbcriff may fell tliini vithin the Year, taking Care he docs it to the beil Advantage, and account for their Produd. The Owners, claiming a Wreck, niuft make fuflicient Proof of their Title within the Year and Day; and they are to do it by their .Ma;!;s 01 Cockets, by the Cuftom-houfe Books, or the Teftimony of reputable Men, Where Goods are wrecked on Shore, and the Lord of the Manor takes tlicm, having Power fo to do, he fliall not pay Cullom, neither I'y the cc>ininon Law, nor by the Statute Law ; for by the common Law (hipw recked Cjoods could not be charged with Cuftoms, for the Wreck being wholly ilie King'>, he could not have a Cuftom of what was all his own. Neither by Statute Law, becaufe ("uch wrecked Goods cannot be faid to be brought into the Kingdom as Meichandile lor Sale. Hill. 23 and 24 Car. 11. Enads, that the Sheriffs and Jufticcsofthc Peace of every County, or of a '• City or Town, and all Mayors, Bailiffs, and other 1 lead Otlicers of Corporations and Port Towns near adjoining to the Sea, and ail C'onftables, Tithingmen, and OlFicers of the Cuftom?, in all fuch Places, upon Application to them mai'c on Behalf (jf any Commander of a Ship in Danger of being ftranded, or run ot« Shore, fti .11 conuiiand the Conftables near thv Sea Coall where fuch Ship ihall be in Danger, to call together as many Men as ftiall Ik' necrll;iry, to the AlTift- ance, and for the Prefervation of fucii Ship ; and if there ihall be any Siiips of War, or other Ships, lyuig at Anchor near the Place, the Otlicers of the Cuf- toms, and Conftables, Cf. arc to require the Aflillance li the ("upeiior Otlicers by their Boats and what 1 lands they can fpare : ar.d il" linh Otlicers ihall relhfc or negled to allift, they ftiall be liable to the Penalty of loo/. to be recovered by the chief Officer of the Ship in Dillrcis. No Perfon (hall enter into I'uch Ships in Diftrcfs, without Leave from the Cof.imander or Conftable, Csfi". and the Mafters and Conilables may, by Force, repel Perlbns, who ihall prefs on board the laid Ships without Leave. And if any Goods are carried off from any fuch Ship, and found on any Perfon, if they are not cielivercd to the Owner yn Demand, ilicli Perlon Ihall pay treble the Value I J Att. tap, ib.S. !i i OF W R F- C K S, ice. '59 N'aliic of the CJoods, rccovcr;il)le by the Owner in an Adion at l.iw. All'y, if •any OdiiLT of tlic Cufloms, or liis Deputy, abiife the Ti ull icpi>rc\l in him by tliis Ac(, ami iliall be convit'lcd thereof, he Hiall forfeit treble D.iin.iijes to the r.irty ji;rievcil, and be incapable of any Elmploynicnt in the CiifiiMUi. I'crfons ditating the Markf. of any (ioods on board fiich Sliip, Hull nuke double Satis- fiK'tion, or be fcnt to the lioufe of C'erredlion to liard Labour for twelve Months. And for the Encouragement of fuch Pcrfons as fliall give their Am (lance to Sea. «. flic h Ships or Vclfels fo in Diltrefs, it is further cnadeil ; tiiat liic f.iid Col- lectors of the Curtonis, and the Mafter or comni.indin!; Oilicer of any Ships or Vellels, and all others \vho ihall ad or be employed in the prefcrvin^j; any fuch bhip or Vedel in IJjdre's, or their Cargoes, (liall, within tliirty H.iys after the J'lervice pcrlbnned, be paid a rcafonable Reward for the lame, by tiie Commander, Mailer, or other fupcrior Orticer, Mariners, or Owners of the Sliip or Vefl'cl i'o ill Ditlrefs, or by the Merchant, whofe Ship, Vellll, or Goods (hall be fo favcd In Default, the Ship or Goods may be detained liy the Oihecr of the Culloms or his Deputy, till all the Perlbns employed in the fiving the i'.iid Ship or Car[;o, ihall be rcaliinably gratilied for their Adidance and Trouble, or good Se- curity to the Satistadlion of all Parties (liall be given for the Payment thercol'. It any Difference arifcs touching the Gratuities dcle.vcd by any of the Pcrfons lb employed, the (aid Maimer or Merchant, and alio the laid DHker of the Culloms, ih.ill nominate three Juflices of the Peace in the Neighbourhood, who fnall ihcreujion adjuft the /quantum of the Monies or Gratuities to be paid to the (evcral Perfons adling or being employed in the Salvage of the faid Ship, Vedel, or Goods, and fuch Adjultineuto (liall be binding to all Parties, and (hall be recoverable in an Adtion at Law to be brought in any of her Maje(ty's Courts of Record. If no Owner appears to claim the (ioods fived, they (lull be put into the Cuftody of the chief OlHcer of the Cufloms, and if not claimed in twelve Months he ihall fell them by publick Sale, and tranfmit the Amount to her Majelly's Exchequer, there to remain for the IJfc of the Owners. This Ad ihall be read four Times in the Year, in all the Parifli Churches and Chapels of every Sea-port Town, and upon the Sea Coaft in this Kingdorn, viz. upon the Suitd.iy next before Michih'i)i:.i5-Day, C/jrijl/iuis-Day, Lady-Day, and MiilJ'umnn'r-Dtiy, in the Morning iiiuncdiately after Prayers, and before the Sermon. If any Pcrfon cr Pcrions fbali make, or be a(Tifting in the making, any Hole in the IJottopi, Side or any other Pai of any Sliip or Velfel fo in Diftrcfs as aforefud, or iliall deal any Pump belonging to any fuch Ship or Vellel, or fliall be aiding or abetting in the dealing fuch Pump, or ihall willully do any Thing tending to the immediate Lois and Deftrudion of fuch Ship or V'elTel, fuch Pcr- fon or Pei ions ihall be, and arc hereby made guilty of Felony, wvdiout any Henefit of his, her, or their Clergy. This Ad was made perpetual by 4 G«. 1. c. 12. For the cft'edual preventing the wilful cafting away, burning, or otherwife 4(7,;. I. dedroying of Ships, by the Owners, Mailers, and Mariners thereof, and thereto ^•"•-"^^•^ belonging ; it is enaded, that if any Owner of, or Captain, Mailer, .Mariner, or other Oiiicer belonging to any Ship, (hall wiU'ully cait away, burn, or other- wile dcdroy the Ship of which he is Owner, or unto which he belongeth, or in any Manner dired or procure the fame to be done, to the Prejudice of any Pcr- fon or Perlbns thar Ihall underwrite any Policy or Policies of Infurance thereon, or of any Meiclunt or Merchants that ihall load (io>>ds thereon, he lliall fulKr Dcatli. And the nth of GVo. I. Cap 19. Sed. 76. after reciting the above CLule, and mentioning that Doubts h.ive arifen about the 'I'rial and Punidi- inent for tii>; laid Offences, cnads, that if tlie faid Offences arc committed with- in the Body of any County in the Realm, they (liall be iiied in the ("ame Courts in fuch Manner and Form as other Felonies are tji.d and determined j and if the faid Odeisces are committed upon the high Seas, tliry ihall be tried and ad- judged by tli. Admiralty Court. ' \ If ^( u :.,! )«0 iflliwiP.C ainll. 166. 17 BJ. Ill C. ij. C>ir 1 InJt, 167. Y C«. I. C«p, U S. 2. tiCii.U. OF WRECKS. e.-r. If a Manilas a Grant of fl'nri, and fJooils arc t.-m, „'■'./ upon his I.niKis, and another takcth them away Ixforc Seizure, he may bring an Action of Irtrpals, (Sc. for before they arc (cizcci, there is no I'rojxrty g-ained to make it Felony. If (ioods urcc/Jc/ arc fei/.cd by Perlons having no Authority, tlic Owner may have his A(flion againft them ; or if tlic Wron^-doers aic unknown lie may have a Commiffion to inquire, &i\ Goods loft by Tcmjieft, Piracy, Cfc. and not by Jf'iwk, if they afterwards come to Land rtiall be rcftored to the Owner. When a Ship is ready to fink, and all tlie Men therein, for tlie Prcfcrvation of their Lives, quit the Ship, and afterwards Ihc perilhes, if any of the Men are faved and come to Land, the Goods arc not loft. A Ship on the Sea was chafed by an r.ncniy ; and the Men therein, for the Security of their Lives, forfook her ; ihe was afterwards t.iken by the Knemy, and fpoiled of her Goods and Tackle, and then turned adrift ; after this, by Strefs of Weather, ftie was \{\ 01 Land, where it happened her Men falely arrived : And it wa, •blver' '. this \vas no Wicc!;. The Aft, \2 ^n M . Cap. 18. (hall not atVl•^l^ the ancient JurifuictLi of the Admiralty C'...;; ;.( !\, "'tiqii: Poi-ts, but the Otiicers of the f.iiJ Court Ihall put the faid Adl 1 >n, within tlie Jurifdiction of the (.7,vy7/r "''r. In the Tear \y^T^, .; juiioici: , IcJ p.ijhi!, wlic/j iuniiiji^ ruiuccd the greateji Part of the j'orincr Lau-s i.;i. . v> Jicl, for the Guiihince of Majlers of Ships and other Per/ins ccniYrned ia Shipp'-if, it is here iit/irteJ. The Preamble begins that. Whereas, notwiiliftanding the good and f.ilutiry Laws now in being, .againft plundering and deftrovin;.'; \'i(tcls in Diftrels, ahJ againft taking away Oiipwrprti'd. loll ui ilrandod Ciunis, m.uiy wicked linor- mities have been committed, to the Difgracc of the Nation, and to tiic j;ricv- ous Damage of Merchants and Mariners, of our own and other Countries : Be it enafled, That, if any Pcrfon or Perfons, Jliall plunder, fteal, take away, or deftroy any Goods or Merchandife, or other Etfeds, from, or belonging to, any Ship or Veftcl which fliall be in Diftrefs, or Ihall be wreclicd, loft, ftr.uided, orcaft on Shore, in any Part of his Majcfty's Dominions (whether any living Creature be on board or not) or n;. of the Furniture, Tackle, Apparel, Pro- vifion, or any Part of fuch Ship /r Velfel : or thall beat, or wound, with Intent to kill or deftroy, or fhall othcrwife wilfully obftrudl the F.fcapc of any Perfou endeavouring to fave his or her Life, from fiKh hhip or Veil'cl, or the Wreck thereof; or, if any Perfon or Perl'ons (hall put out any ("al("e Light or Lights, with Intention to bring any Ship or \'e(i'el into l)an;;cr, then (uch Pcr(on or Perfons fo offending, (hall be deemed guilty of Jclony, and being lawfully convided thereof, fliall fuffcr Death, as in Calls of 1 elony, without litnefit of Clergy. Provided, that when Goods of fniall Value (h ill be caft on Shore, and ftolen without Circumftances of Cruelty or Violence, the Otlender on conviction, be punifhed as in Cafes of Petit Larceny. It ftiall be lawful for any Juftice of the Peace, upon Information being made to him on Oath, of any Part of the Cargo, or I'ldt-vits ol any Ship, loll or ftranded, being unlawfully carried away, and c*?^ a an. I f.lutiry OF W R E C K .«. ten D.iys after fiich Seizure, and make out to the Sati'if.iftlon of the Juftice, his Property in the Goods, or in Ionic Perfon who employed him, then the Cjoods fhall he delivered for the \J(c of the right Owner, upon I'aymcnt of a rcafon- ablc Reward for fuch Seizure, to be alcertaineil by the Juilicc, to tlie I'erlbu who feizcd the fame, and fuch Juftice fliall commit the Offender to tlic Common Gaol for fix Months, or until he fti^.ll have paid tiie Owner treble the Value of the Goods. In Cafe r.ny Perfon, »^ot employed by tlie MaAcr, CJ'f. In the Salvage of any Veflel or the Cargo, i^c. rtiall, in the Abfcnce of Perfons fo employed, fave any fuch Ship, Goods, Gfr. and caufe the liime to be c;irricd, for the licnclit of the Owners or Proprietors, into Port or Place of fafc Cuftody, immediately giving Notice to fome Juftice of the Peace, Magiftrate, Cuftom-houfe or li.x- cifc Officer, or (hall difcover to any Magiftrate or Officer where any fuch Goods are wrongfully bought, fold, or concealed, fuch Perfon Hiall be intitlcd to a rcafonable Reward, to be paid by the Mafter or Owner of fuch Veflel, in like Manner as Salvage is to be paid, by \2 ylnni; intitled, an Ai'.t for the prcfeiv- ing all fuch Ships and Go<3ds thereof, which have happened to be forced on Shore, or ftranded upon the Coaft-of this Kingdom, or any other of his Ma- jeft .'s Dominions, or clfe in the Manner herein after prefcribcd, as the Cale lliall p.quire. For the better afccrtairiing the Salvage, and putting the Adts in Ey-'ution, the Juftice of the Peace, Mayor, IJailift, Colledor of the Cuftoms. . c'-i'-f Conftable, who fliall be nearcll where any Ship is ftranded or cart awa; ;, forthwith give Notice fc a Meeting of the Sheriffs or their Deputies, *^e Ju • of the Peace, Mayor or oiner chief Magiftratc of Towns Corporaf 'iron^s, and CommifTioners of Land-Tax, or any Five or more of the v. o are requircil and imjwwercd to employ proper Perfons.for faving Shipj ii T^^ftrefs, and Ships i.nJ Goods as fhall be ftranded or caft «way ; and alfo to exan . ic i'jr- fons concerning tlie fame, or the Salvage thereof, to adjuft the i^t •(/«;« of fuch Salvage, and diftribute the fame, in Cafe of Difagrecment, amon^ ''arties : And that every Perfon, attending and adling at fuch Meeting, fliall be allow el four Shillings a Day, out of the Eticds faved by their Care and Diredion. But if the Charges and Rewards for Salvage, direftcd by the Adl 1 1 ^nne, . and by this prefent A&, be not paid or Security given within forty Days, the Officer of the Cuftoms, concerned in fuch Salvage, may borrow Money or. the Goods, &c. by Bill of Sale, on fuch Part of the Goods, &c. as fliall be fulH- cient, redecm.ible upon Payment of the Principal Sum and Interell, at four per Cent. And if Oath fliall be made before any Magiftrate, lawfully impowered to take he fime, of any Theft, and th? Examination taken fliall be delivered to the Clerk of the Peace, for the County, Gfc. or his Deputy ; or if Oath fliall oc made of the breaking any Ship, contrary to the ht\, 12 ylmw, and the Fxnmination delivered to the Clerk of the Peace or his Deputy, he fliall cauft; the OtFender to be profecuted, cither in the County where the Fadt was committed, or the County adjoining, where any Indidment may be laid by any other Profecutor; and if the Faft be committed in IVqlcs, then tlie Pro- fccution may be carried on in the next adjoining Englijh County : The Charge of fuch PiolLcution by the Clerks of the Peace to be lettled by the Jufticcs at SelTion, and paid by the Treafurerof the County, ^c. the Clerk of the Peace on Rcfufal or Ncgleft to carry on fuch Profecuticii, to forfeit one Hundred I o uids for every Oftcnce, to any Per fen who (hall fue for the fame. The Lord Wardens of the Cinque Ports, the Lieutenant of Dcv,r Cajlle, the Deputy Warden of the Cinque Ports, and the Judges ofliciate, and Commiflary of the Court of Admiralty of the Cinque Ports, two ancient Towns and the Members thereof, for the Time being, and every Pcrlbn appointed by tlie Lord \yardcns of the Cinque Ports, fliall put the Ads in Execution within the Juiif- didion of the Cinque Ports, two ancient Towns, and tluir Members, in the time Manner, as the Jufticcs, (Sc. in other Places. ' . x6t T t If ■t> .^^1 'i« ^^^ f 1 •i;» i6i OF S A L V A G E, If any Perfon, al)^^oilUcc^ to puttliis Aifb in Execution, fliill he woiiivlcd in fucli Service, fiicli Perlon yr IVrlons, (o wounding him, (Inll, u}'(in Trial and Con- vidlit)n, at the Allizcs or (Jcncral G(nil DeUvcrv, or at the Ccncral or (Juartcr Stfl'ions for the County, tf<'. be tranfjiortcd for fevcn Years, to fonic of hi« Majerty's Colonics in y/mfriui. Any JuAicc of the Peace, in the Ahfcnce of tlic Sheriff', may take fullkicnt Power to reprcfs all Violences and enforce the I'.xeciition of this AiX. To prevent Confuiion among Perfons allembled to fare any Ship, &c. all Per- funs (hall conform to the Orders of the Mafter, or other OlHccrs, or Owners; or for Want of their Prcfence or Piredlion, to any of the Perfons appointed to put this A(ft in Execution, in the following Subordination : I'irll, to the Orders of the Orticcr of the Cuftoms, then of the Excife, the Slierilf of the Countv, or his Deputy, a Jiillicc of Peace, the Mayor or chief Magillratcof any Cor- poration, the Coroner, the Commillioncr of tlie Land-Tax ; then of any Chief Conflabic, Petty Conllable, or other Peace Olficer: And, whoever adts, knowingly or wilfully, contrary to fuch Orders, (hill forfeit five Pounds, and in Cafe of Non- payment, be lent to the Hou('e of CorreiVion, for any Time not exceeding threi Months. Nothing in this Aii extends to ScolhinJ. Of Salvage^ Average^ of Contribution. SALVAG E is an Allowance made for faving of a Ship or Goods, or both, iiom tlie Dangers of tlie Seas, Pirates, or Enemies » /i is provided for by feveral Englidi Statutes, many of which have been given under the preceding Head, as properly relating to Wrcckt on Shore and Ships ftranded on the Coafts of KngL nd. We are now to treat of Salvage in general at Sea ; and on foreign Coa(ts. Salvage is allowed by all Nations, it being rcafonable that a Man (houlJ be rewarded who hazards his Life, or employs his Time, in the Service of ano- ther : more c-fpecially as without his Aid the Lives and Property of the Parties in Diftrcfs mod proljably would have been lod. The oidy Ditliculty, thcreforc, that can arife on the Suhjcift of SaKage, is, as to the Proportin.i of the Sums of Money, or other Gratuities to be allowed; and wlicre there arc no ftated Laws or Cufloms to go by, we mufl be guided by the particular Circumftances of different Cafes. Tliis (liould be the Line of Condudt obfcrvcd by Arbitrators. For though grc;it Promil'es miy have been made in the Hour of Danger by the Mafter and Mariners, yet when the Dccifion comes before a Court of Judicature, or Arbitrators, they are to guard againft cx- ojbitant Demands for Salvage, and tlie Reward muft be regulated by the Paint and Trouble the Salvers were put to Leg. Oleron. For the Charges of Salvage, veiy great Allowances have been made to Divers •nd Salvers, as the Half, the Third, or tlie Tenth of the Things favcd, accord- ing to tlie Depth of Water, out of which they w^re fi(hed, whether fifteen, eight, or one Fathom. Generally, a tenth Part for Salvage on the Coafl, and a Fifth for him, who, faving himfelf, carries fomething with him, as Gold, Silver, Jewels, or valuable Papers, which being cafy of Tranfportation are fometime$ favcd by the Mariners who eicape from a Shipwreck. Where Things are caft up by Shipwreck, or left through carting in Storms, the Laws of Rhodes allow to the Finder, a fifth Part for the Saving, and in France they allow one third Part for Salvage. If the Ship only perifli, and the Goods be faved, then the Goods (lull pay the Tenth or the Fifth, as the Difficulty of the faving thereof (hall require : and Gold, Silver, Silk, and the like, being of eafy Tranf'jwrtation, fhall pay Icfs than Goods of greater Weight, and more burthenfome for Carriage, which are in greater Danger. Maliues Lex Merc. P. 119. Salvers may detain Goods till Agreement is made, and Security given, for the Payment of the Salvage ; but they cannot convert them to their own Ule, in Caie the S^uaiitum of tJie Salvage is difputed ; they muft remain as Dcpofits till" 6 the AVERAGE, M. the Conttft I- dciiJcd, and nuift then be delivered up to the Owners, uj)0ij Pay- ment v( the Sums awurdtd for the Salvage. If Goods arc abandoiK-d or given up to the Salvers, there can be no Claim for Salvage; for Salvage can never exceed the Dencfits to be derived from it. LcrJ KiWns' I'rin. of F.quily, P. t,-j'},. Though litFcds, recovered from Shipwreck, Hiould afterwards be irrecoverably loft, yet Salvage nuift be allowed for the Recovery. In like Manner as for a Ship, taken again by an I'lKmy after a Ranf(jm or Recapture. Anchors arc the moll common Things found at Sea ; and if they arc filhed un, witjiout any Buoy or Cable floating to direct the Salvers, one Half is allowed ; but if tlicre is a IJuoy or Cable, then only one third. But as ir frequently happens that Difputi-s arifc concerning the finding of Atuhors and Cables j a Remedy is provided by Stat. 3 Geo. I. C. 1 j. S. 6. Tlie Lord Warden of the Cinjitr Paris (lull nominate, under his Hand and Seal, three or more I'erfons in each of the Ciiijuc I'oiis, two ancient Towns, and tlicir Members, to adjuft any Diffe- rence relating to Salvage, between the Mafter of any Ship that has in bad Wea- ther been forced from her Anchor and Cable, and the Perfons bringing them on Shore: And if any Vellll be forced from her Cables and Anchors by Extre- mity of Weather, and le-avc the fame in any Roads within the Jurifdidtion of the Cinque Peris, and the Salvage cannot be adjufted between the Per(bns con- cerned i the fame Hiall be determined in twelve Hours by a"y one or more of the the Perfons appointed as aforefaid. The Muftcr and Seamen's wearing Apparel are always excepted from the Allow- ance of Salvage. If a Ship is found adrift at Sea, having been abandoned by the Mafter and Crew, the Allowance for Salvage will be much more than if any Perfon hail been found on board. Cafe : An outward bound Dutch Ecijl-Induima" itruck up.^n the Sands ofF the Port of Dui'kirk ; the Mafter and his Crew, imagining flic would go to Pieces, as it blew a hard Gale, too haftily abandoned her, and made the beft of their Way in their Boats to OJlend, the Surf not admitting of their making their Harbour of Dunkirh. Two Days after, a PafTagc-Boat belonging to Dover found the Ship adrift, having worked herfelf ofl^ with the Tides, and brought her fafe into Dun- kirk. The Mafter foon arrived there, and difputed the ^iitilum of the Salvage, which the Admiralty Court at Dunkirk adjudged to be one Half, and it was paid accordingly. The Valuation of a Ship, in order to afcertain the Rate of Salvage, may be determined by the Policy of Infurancc, if there is no Reafon to fufpedl flie is undervalued -, the fame Rule may be obfcrved with Refpeft to Goods, where there are Policies of Infurancc upon them. Where this is not the Cafe, the Salvers have a Right to infift upon Proof of the real Value, which may be done by the Merchants' Invoices, and they muft be paid accordingly. Average and CoNTRiBimoN arc fynonimous Ter.ns in Marine Cafes, and Cgnify a mean Proportion of Lofs between the Owners of Goods thrown over- board in a Storm (in order to preferve the Remainder, with the Ship, and Lives of the Men) and the Proprietors of thofe that are faved, and of the Vefrel. And as Ships in their A'oyages are expofed to Storms, and often faved from pcridiing, by carting Goods overboard to lighten them, it has, therefore, been always allowed, and is juftificd by Law and Cuftom, and in Cafe of imminent Danger any Thing may be thrown away to evade it. Though as heavy Goods fccm moft likely to anfwer the Purpofc, and are generally leafl in Value, they Iliould be firft dtftined to Deftrudlion, However, to make this Adtion legal, the three following «irential Cafes ought to cone ur : * ift. The Ship muft be in evident Hazard of periftiing, with her Cargo and Crew. * 2d. The Refolution the Captiin takes on this melancholy Occafion fhould be m Confequencc of a Confultation held with his Officers and Sailors to cnJeavour to live themfelvcs, Ship and Cargo, either by throwing I'ome Goods overboard, or by cutting fome of the Mafts, ^c. away, and by occafioning thclb i6j 1 »k \ ^i \ 1^4 O F S A L V A G F, thefe extraordinary Evpcnccs ftrivc to fccure th: RcnuinJcr (or the Proprietor* Bcnc^t. • 3d. That the Ship and Cargo, or the Part of ihcin that arc favi:d, hat been favcd by that Means nfal, with that I'olc View. Agreeable to thcfc three Axioms, it nvid be concKided, that all the I'xpcnre and LolTes, which are thus vohintarily made to prevent a total one of Ship and Cargo, ought to be equally h 1. .e by the Ship, and her remaining Ladi'ig. AiiJ this is called j^i'wc'W or ^/fl/j Average. But what is broken or loft by a Storm, as Anchors, Cables, M.ifts, Sails, Cordage, Gfr. is not to Ix; comprehended in grofs Averages, beciufe the Temjuft only w.is the Occafion of this I^ofs, and it was not made by the Deliberation of the Maftcr and his Crew, with the View to five the Ship and Lading j thon.^h on the contrary, if after Advice taken by the Comp.niy, or major fart of tluin, the Captain cuts away, or abandons any Thing of the Ship or t\irgo, with a View to prevent a greater Mistortunc, all that is fo cut away, Q?t\ muft be brought into a general Average. If the Ship happily out-weathers the Storm, and arrives in Safety at her dcftincd Port, the Captain mull make his regular I'rotells, and bclidc, jJ^itlf with the major Part of his Crew, muft fwear, that the CJoods were caft over- board for no other Caufe, but purely for the Safety (jf Ship and Lading ; and the Method of elucidating and clearing up this Point varies according to the leveral Countries and Places they arrive at. The Ship arriving in Safety, thofe Goods (1^ brings with her muft come into a general Average, and not only thofe that pay I'reight but iill that have been Cived and preferved by fuch EjtSlion, even Money, Jewels, Clothes, ^c. But a Man's Apparel in Ufc, and Victuals, (^c. put aboard to be fjHint, arc totally excluded from the Contribution. The Lofs of Anchors, Mafts, and Rigging, occafioned by common Acciilcnts at Sea : The Damages which happen to Merchandife by Storms, Capture, or Shipwreck, wet or rotting (not owing to any ncgleiJt of the Mafter) are I.olFes to be borne by, and the Expences p.udby the Thing that fuffered the Damage. And this is called fimple or particular Average. Jth TmImIki, In the rating of Goods by Way of Contribution, this Order ufed to be alw.iyj ^y \'^' ^''gohien'ed, viz. If they arc caft overboard before half the Voyage be jKrformcil, di clmriiMi. then they are to be efteemed at the Price they coft ; and it after, then at fuch Price as the reft, or the like Sorts, fliall be fold at the Place of Difcharge ; and this Regulation continues ftill in France and Holland though here and ellewherc the Loft and the Saved arc fometimes eftimated as the latter fell. /<•/. AVn/< 4. The Owner of the Goods that have been thus ejcifted, or his Faftor, HioulJ ,y i/|. /ew. (j|jg Qixc to have the Lofs valued before the Ship's Difcharge, in which the Cmm'ni! ' Mafter ought to aftift, and fettle all Averages before he unloaiis. And it is not only the Goods that are thrown over tliat muft come into t!w Average, but thofe alfo which fliall have received any Damage, by the Adion of the others' Ejectment, by Wet, Ct-. In ftating an Average on Goods, Regard fliould be had to wliat Dcduclions ought to be made from the Invoice amount, covered for Draw-backs, Bounties, and other Allowance at the Cuftom-Houfe on Exportation : Alfo for Difcounts, and Abatements of Duties, Qc. on Importation ; and for prompt Payment on Sales, together with the ufual Leekage, Wcftage, Ciff. It fliould likewifc- be confidercd whether the damaged Goods, (although the whole of the Goods which were loaded may be delivered) are increafed or diminidied in Weight or Qiiantity by Means of the Sea Water, as Hemp, Sugar, g J th<)llj^;h oil fart of them. Cargo, with a £?t. muft be Safety at her bclidc, Js/'-itfy vtre cart ovtr- ading i and the ;: to tlic llvcral muft come into : have been Cived be f|H:nt, arc nmon Aiciilcnts ns, Capture, or ifter) are l-ollls cd the Danjagc. fed to be always ; be jierformcd, cr, then at fiich Difehargc; and c and elfcwhcre IS Fa(ftor, nionll c, in which the come into the jy the Adion of l^vhat Pcdiiclions laeiis, Bounties, lofor Difcoinits, jipt Faymcnt on Vild likewife be of the Goocis led in Wtiglit or |he true Weight compared ; and I large ParccU or which Qualitiei luces be adverted H^j'idt's Digejt [oftner although *^ If If Goods Hiipped in England arc in Temped thrown overbTiid, In Or.'.cr to t ^/.Vi Rfj prclirvc tlie N'cllcl am' Crew, ami thelc litHjili arc taken up md !''■>-'''■'' •■^''' ^7 J[','( '/"Jifi- another l.tiglijh Ship, the Owners bringing Trover, it lies, bcciifcdelivtred up;jn uiK>n the Land. It is lawful for Pcrfons to cart Gootls overboard out of a Ferry- Hoit, in C^f; n cj-.- f>\. of a'l'cnificd, to prefervc their Lives; but, if the Ferryman furch ir'c tlu- MdaJ * "'•'■"•• with (Jood.s, the Owners of them ihall have their Remedy n„';'.itill hnn, but not oilier \'ilc. So if an F.jeinirf)>i~I,.r.i- tiles Ditto. Notice of the Misfortunes, and makes Provifions for the M. 'tier's Indemnifica- tion; and therefore if the Owner of fuch t'leded CJoods lliall bring an Action n»^v, /^/../. againll the Mailer or the Owner of the Vclfel, the Delendant nny plead the i'pccial Matter, and the fame fhall bar the PI lintift*. As the Common Law looks upon the CJoods or Ca r:;;o as a Pawn or Pledge for '*/.''?. W'/. the Fni^i't, fo the ALirim' Ltiiv looks upon them likewif- as a Security for anf.vcring any Aventgc or Contriiiution, ami that the Mailer ought not to iLlivcr them (at ah'jve) till the Contrihition is lettled, they being tacitly obliged for the one as well as the other. If a Li^htc<-, Skiji, or the Ship's Boat, into which Part of the Cargo is unlailen f- •'> /-'?• to light<;n the Ship, fxrifh, and the Ship be preCervcd, in that Cafe Contribution **;'^, ''^J.^n^ is to be made; but if the Ship be caft away, and the Lighter, Boat, or Skirt", be'i/. .\w /.! prefervcd, there no Contribution or Average is to be had, it being a Rule noV-^'i/'^'-''-^' Contii/iution but "when the Stups arnve tu Safity. ' ■''''"'' If a Ship be taken by Enemies or Pirates, and the Mart.-r to redeem her and a;, r, ,o-». Cargo promifcs a certain Sum of Money, lor Performance whereof he becomes a '^•-f- ^^''•^- ''' Pledge or (Captive In the Hands of the Captor j in this Cali-, he is to be redeemed :\^i!;-'^'V,rl' at the Exj^nce of the Ship, Lading, and Money (if any on board) all being'"- obliged to contribute for his Ranfuin, according to each Man's IntcreU. So where a Pirate takes I'art of the Goods to fpare the rert. Contribution muft Mcr.F. 197. be paid. J'/ oj- ^ But if a Pirate takes by Violence Part of the Goods, the reft arc not {nh\e&. l,«iin.' to grofs Average, unlefs the Merchant hath made an cxprcfs Agreement to pay it after the Ship is robbed. Though if I'art of the Goods are taken by an Enemy, or by Letters of Marque c,/. y, /;,. and Reprizal, ^ contra. ' ind. J,r. In fettling a grofs Average, an Ertimate murt be made of all the Goods \o{lp^i!„^j,'^' and faved, as well as ofwh.it the Martcr rtull have facrificed of the Ship's **■/• ">>■'• Appurtenances to her Prcfervation, and that of her Cargo; and if any Thing'"' ''•.I'^j''' flung into the Sea is again recovered. Contribution is only to be made for the '"' "^ ' Damage it lhall have received. The Pilot's I'ce, that brought the Ship into a Port or Haven for her Safeguard (it being not the Place (he was dcfigned tor) murt be contributed to, as the railing her from the Ground muft be, when there is no Fault in the Mafter. If a Mafter of a Ship lets her out to Freight, and in Conlequence thereof receives c™/. «-, /,/«. his Lading, and i'terwards takes in fome Goods, without Leave of his Freight-^'"- 'y"- crs, and on a Stori ariling at Se;i, Part of his Freighters' Goods arc thrown over- VJ r/iZ'. board, the Remainder are not fubjcdt to an Average, but the Mafter muft make^"" "" ''"= good the Lofs out of his own Purfc. Lmmi aw. If a Ship is taken b^ Force and carried into fome Port, and the Crew remains y. p\',rrJ. on board to take Care of, and reclaim her, not only the Charges of fuch re- '■' ^''H'" - claiming lhall be brought into a general Average, but the Wages and Expenres *":■"''■"• of the Ship's Company during her Arreft, and from the Time of her Capture' and bemg difturbcd in her Voyage. But the Sailors' Wages, (Sc. of a Ship detained in Por by Order of State, ,v,tc fliall not be brought into an Average, and the Rcafon afligned for it is, that m -- • • U u the -* t66 or SALVAGE, tec. Mill ^1 1U. :• J And he from the preceding Cafe, the Crew rejminod aboard to take Care of the VcfTci, /vJwron'ihe^^'^''" ''^'^X ^^''"'^^ eudcavouriiig to rechi.r her, aiul thcfe Charges were occafioned Mirine Laws with the /fl/t' View of prefcrviiig tljc Ship and Cargo for their Proprietors j but of <•« i^in ,i,is i.,tt4.r Caff, there was no Roor, for fuch a I'retcncc as the embar.joiiig Sovereign would not liave cither Ship or Cai^o, but only hinder their Departure for fome political RcUons, wherefore it could not he faid, that the Ship's Com- pany rejnained on board to prevent an entire Lofs ; the only Motives to be offered for an Average. Neverthclefs, it fcems that both Reafon and Jufticc require that the Kx[>cncc and Wages of a Ship's Com pan' , detained in Port by a Prince's Order, /hould be brought into a general Avera^^e j for il", on one Side, the Merchants who have laden her, are conliderable Sufferers by the Dcby, in the Arrival of their Goods at the deftined Ports, the Owners of the Ship are not lefs (b, more cfiiecially if the Crew is large, and the Detention loiig ; and thofe who drew up the Ordi- nance of Lewis XIV. very well perceived in Part, that to oblige the Owners of a N'elfcl fo detained, to fupport the whole Exjiencr, would lie a great Ilardfliip and InjulHcc, as the Vllth Article of the faid Ordinance (under the Title of -'^T(7-.;jij^ ixprell'es in direft Terms, viz. Tie Food tJtid Usages of bailors, belong- ing to a Sbip cmburgoed by an Order of State, Jhall be aljo reputed as Part of general Averages, ifjle is hired by the Month ; but if Jhe is freighted by the Voyage they jhall he borne by her alone. Tium wlience, I think it ought to be concluded, that althouijli a Ship freighted by the Month or Voyage, is only mentioned in the foregoing, yet when the Proprietors of a Veflcl hire her Crew by the Month, they ha\e a Right to bring the E^ocnce and Wages of their Sailors into an Average, tor the whole Time that the ohip /hall be det;uned ; though on the contrary, they cannot juftly pretend to bring the Hxpince of tlie Mariners into an Average, when they are hired for the Voyage, as liie Expence only is alv/ays the fame, whether tiiey be hired for the Monlli or Voyage, and being occalioncd by tlie Will of the Sove- reign who laid the Embargo, I do not fee that there ought to be any Dillindtion, unlefs there were fome Goods abo«rd, which were the Caule of her Arreil j for in this Cafe it would be reafonable, that the faid Merchandifes fhould pay (he whole Expence. Though it muft be noted, the Charges of unlatiing a Ship, to get her into a River or Port, ought not to be brought into a gener.d Average, but when occafioned by an indifpcnfabic NcccfTity to prevent tlie Lofs of Ship and Cargo j as when a Ship is forced by a Storm to enter a I'ort to repair the Damage fhe has fuffered, if , to get her into eragc, but when Ship and Cargo j the Damage (he parent Rifque of >ew are brought refit the Vcird, inlading and re- e, occafioned by iMotivcs, to cut h.is a privileged iliall carry to iind it is to be tlr on the Sub- /ord or two, of "rimagr, which and is coin- \/tii, fee. though publick liditls 'as, an Allow- ihich the La- r, tranfinutcd to \i Averagfs, but jut them, under 'ith the Qiiota- tioiu OF BftiTtSrt PORTS, kc. tions offered, in Hopes I have neither exceeded nor fallen fliort of my Readers* ■ Kxpedations, in my treating this extcnfivc Theme, which of itfelf would furnifti fufficient Matter for an entire Volume. Of Britiflj PortSf Havens^ LighthoufeSy and Sea Marks. APjrt, Harbour, or Haven, is a Place where Ships may rtielter from bad Weather, and where Cuftom-houfes arc appointed to fupervife their la- ding and unlading j thefe in England have many Members and Creeks belonging to them, which are diftinguiflicd as foUov.s, viz. Al->nhers, are thoCe Places, where anciently a Cuftom-houfe hath been kept, and where Otlicers or their Deputies attend, as they art lawful Places of Exj)or- tation or Importation. Creeh, are Places where commonly OtHcers are, or have been, placed by Way of Pre 'cntion, not out of Duty or Right of Attendance, and are not lawful Placts uf Exportation or Importation, without a particular Lit^cncc or Sufferance from the Port or Member under w Uich it is placed. ^Bv ffViral Ikenfcd Ports fir lading and landing of Cords, t68 Ports. Berv>ick Carlijlt Cbcjier Milford Cardije Gkuceftcr Brijioi BriJgcwaUr Plymeuib OF BRITISH PORTS, &c. Members. Creeks. ^bittbaven Lancajler Poulton Liverpool Aberconway Beaumaris Caernarvon Conway I Holyhead Pulbelly 'Aberdovy , Cardigan Pembroke Suanzty Minebead Padjhv) St. Ives Penzance Gweek Falmouth Fowey 'Aylemoutb Warnevxtter Holy IJland Eaji Marches, containing tli<* Coaft of Northumberland, bordering on Scotland. (Weft Marches, containing the Coaft of Cumberland, border- ing on Scotland, (Workington Ravinglaji Mihitborpe iPyte of Powdery Graunge Wyrevater Pre/Ion and Rible Water {Sankey Bridge Fradjham South Shore of tlie River of" Merjey to the Red Stones. 'Hilbree Dawpool Nefton Burton-head Baghill MoJIin Amlogh . • Barmouth {Aberuftab • Newport '' Fi/cbard [Haverford-Weft I Tenby ICaermartben Laneltby North Burrys t South Burrys Neath or Briton Ferry Newton XAberthaw 1 Penarth I Newport l^C hep/low [River Severn from Bridgenortb I to King Road fPill \ Vpbill H St. Maurcs Plymouth V* - Portt. Plymouth Exrtrr Pook Southampton Cbickefitr Sandnuitb OF BRITISH Members. 'Lowe Penryn Truro Ilfracomb Barnftaple BidJUford Dartmouth Lyme Regit Weymouth Cowei Port/mouth Arundel Shorebam Leaves Penifiy Hajlings Rye Hytb ■Drcer Deal Feverjham Milton Rocbepr PORTS, &c. Creeks. iSaltaJh Stonehoufe Coujland Clovelfy Appledore Tincomb Starcrofs Bear and SeatoH Toppam Pouldra/n Sydmoutb Lympfon Exmoutb [^Plymouth iSaltcomh Brixham torbay /totnefs J Bridport vCharmouth i Portland '■ Lulwortb ■ Sivanidge : Warebam . Cbrijl-churcb .Lymington . Tarmoutb . Newport tEmJworth •I Pagham Point ^Sel/ey r Brigbtbelmftont •! New Haven >• Sea/or d 169 iiyi'.tchetfeu Lyd Rumney iRamJgate Margate Wbitjiabk ^eenborough Note, All the Ports and Havens in England atc in/'rH Corpus Comitattlt, and the Court of Admiralty cannot hold Jurifdidion of any Thing done in them. Hol- land's Cafe, Earl of Exeter, 30 //. VI. And bccaufc he held Plea in the Admi- ralty of a Thing done infr^ portum de Hull, Damages were recovered againft him, two Thoufand Pounds. X X And H« ,•, OF BRITISH PORTS. &f. A...1 the Port af Lmihn being of great Importance, in Regard of tht . '" rc-.i, tlic Limits ot it have been fettled Dy the Exchequtr, and declared to 'jxtctui, ^'id to be actCLiritCii, from the »'romo!itury, or Point, c.lled Nortb-F.r ,.>nJ, in t!io Ittc of Tl'ivi' f, and from thence Nariiivtirif, in a fuppofcd Line to the onixijfc Prtiinontor)', or Point, called the No/!; beyond the Uuii-fiYt, upon ihe Court of £//<'.v, an-! continued VVeftward, through th-: River of Tham s, and thf^ fever.tl Channels, Streams, and Rivers falling into it, to LinJin-BriJ^i, five I'lc ufuil and known Rights, Liberty, and Privilege to the Ports of Sand uiui and Ipfuicb, and either of them, and the known Members thereof, and of the Cuftumcrs, Comptrolkrs, Searchers, and other Deputies, within the fud I'orts of ^»;/i./a7'A and fpjiiicl', and the feveral Cr'cks, Harbours, and Havens, to them, or either of them, rcfp'-Ctively belonging, within the ( 'cmtics of hint or FJ/i:\\ This Account of Ports, Gfc. might have been omitted till I caaic to treat of theCiilloms ; but, as I thought it more properly introouced here, I have infertcj it, and lliall fubioin an Abllradt of the Laws in Force concerning them. For though it is proluble few or none of my Readers may be interefted in the Trade of them all, yet, that every one may meet the Information he may occalionally want, I (liall brieriy mention what has been publickly ciuiited, for their LlU- blilhment and Prelervation. BURLINGTON. fl IfVl. III. C. 19. -S. I. Ditto, S. 4. From the firft of ALiy, 1697, until the ift of May, 1704, the Duties herein- mentioneil (liall be paid for the repairing the Port or Pier of l^urlin^ton, liz. o\iC b'arthing for every Chaldron of Coals, laden on board any Velill at the Port of Ki-Kcajilc, or at SunJerliind, Blythe, Scaton, Sluice, or any other Member of the Port of Ni"ii-i.:iji,'i', which lliall be paid to Arthur, Lord Vifcount Iruii., &c. Ail Monies raifed for the Duties aforefaid, ^c. (h.ili be by the Commillioncrs applied to the repairing the faid Port or Pier of Hurlington, 6cc. dntinui'ii by 1 Geo. L Cap. 49. 5 Geo. I. Cap. 80. Jh> twenty-five Tcms, f rum the zi,tb «/■ June, 1730, and 26 Geo. II. for tiventy-Jiie years, from tbt 24/.^ «/ June, 1753. Ey this Act, Vcllcls belonging to Great Varmcutb in Norfolk arc exempted from this Duty, the Mailers having a Certificate, upon Oath, before t)ie M.ivor of Vaimuuib, that the Owners of fuch Vcllel, or the grcatelt Part, arc lii'ubitaiijs of that Town. DOVER. \ tt If, n.lW. From the id of May, 1700, ■> the iftof '/( , ,09, there Hiall be paid by c. 5. b. 1. j|^^. \j.,(i^^^r „f j-vcry Englijh Ship, ol the Hurti...ii of twenty Tons, and not txtecd- ing three Huiuiied Tons, for every Lading and Dilcharging within tliis Realm, from, to, or by Dover, or coming into the Harbour there, not having a Cocket teftifying his Payment before that Voyage, towards tlie Repair of Dovrr Harbour, 3,/. lor every 'Ion, and of the Aliens' Ships, of the Huriien aforef,;id, tiie like Sum (excepting Ships l.iden with Coals, Grindlloncs, or I'ur/ieei or I'ortlanJ Stone>) and lor every Chaldron of Sea Coals, or Ton of Grindlloncs, one Penny Haif-ptiiny ; the lame to be paid to the Cullomer or Collcdoi of the C'ulloms, in fu(.h Port, whence fuch Ship (hall let torch, or where fuch Ship lliall arrive, betoie they lade or unl.ide ; the Account of the Number of '1 ons to be made according to the Entry of theCJoods of every Ship in the Cullom-Houle, and no F.ntry ot tlie Cioods to be allowed without Inforiiuition made on Oath by the Mailer, containing the Lurdcn thereof, and P.iyment made of tlic Sums aforc- faitl , of which Payment tiie Mailer llull have Allowance of the Merchants, ac- Cwruing ti t le Rates of the Goods, by Way of Average, isc. Ditto, ?. I. Piovidcd that nu Coulter or I'iiherman ihall pay the Duty oftencr than once in r i; ""c.xr. Lii:i^, 4. g. 6lii'" bclonchg to JF.yfii.uth and Mekomb Regis, and Lyme Regi:, fliall be -xcHi,^ cd froih jj lying to the Harbour of D(?ir;-, llj as they bring a Certihcate I'.poii <.).^'.h bclbre the M;;';r, under tiic common Seal ot the l.iid Corporations, that f/JiW pakl by It CXtCVll- (s llcalm, ,1 C'uckct IH.iibour, tlic liki; Jnc I'ciiny K'ulloins, lill arrive, be made J.-, aiul 110 \\\ by the lis aforc- mts, M' |lun once Hiall be fcrtihtatc li'jrations, that O F B R I T I S M P O R T S, &c. 171 that tlic Ships belong thcrrto, nnd the Inhabitants of ths liiiJ 'Corporations a.c Owners of tnc major Part of fuch ohips. All Ships E;ig/i/b built, an.' manned ac-ording to the A(ft of Navigation, u "'/. ilf. helon^^'ing to Gr'ent Tarmoiith, (hall be cxcmjn from paying tin; faid Dutie?, if - >■ "> the M.irtcr produces a Certificate as above, cJr. Sliips belonging to Rtim/j^iitt; in the I(le of T^iin,-f, (hall be exempted from Ditto, S. i j. paying to Dover Harbour, bringing a Certificate as before, cifc. I'.vcry Ship that rtiall go through the Cates of the Works of the I farbour (\\\]\, bcfoic Ihe go into the Gates, take down her Sails, fo that llic may not go failing in, upon Pain that every Captain of futh Ship, fo failing in, ihall forfeit to the Wardens and Affiftants of the Harbour, ten ii/ji//i/:gs, for the Ufc of llic Harbour, fo be recovered by Adion of Debt, &c. CiiriiiiNid hy 2 Anne, dip. 7. 4 Geo. I. Cap. 13. and 9 Geo. I. Cap. 30. to the J.rjl c/" May, 1744. Further continued for twenty -one Tears by 11 Geo. II. Cap. 7. This Ad further continued j\r 21 Tears, by 31 Gee. II. M I N E H E A D. From the 24th of j'wwc, 1701, for one and twenty Years, there fliall be paid '» '^''^' '"• (bcfiiies the ancient Acknowledgments .icciiftomcd to be paid to 'Tregowuidl Lut- • *• • • /;•■•//, \A\.\; and his Ancellors) for G(K)ds imported or ex|X)rttil, into, ■ ' out of, the Pori of Mimhead, the Duties following, viz. fuch Sum of Money, not cx'.eeilnv; one Half-penny per Stone for Wool, and one Penny per Stone for Woolk:) and Hay Yarn imported as the Truftces hereafter apj)ointed (hall ..ppointj each Stt>ne to contain eighteen Pounds, the Duties to be paid by the Perfon into w hufe PoliciFion, or by whoib Order, the Goods (li.ill be delivered; .^nd the Wool imjiorted (hall be weighed at the Towp Hall, according to Cudoni j and lor every 1 on of all other Goods there (liall be paid bd. per Ton, by every Mafler of a Ship that (hall take on board or land any Goods in the Port of Minehead. For every Ship which (liall come into the Harbour (the faid Port not bcinp "'itto, S, t] their dilLharging I'ort) there ihall be paid by the ;\lafter the Tonnage and Keelage following, ^iz. for every Ship uling the coafting Trade, of thirty Tons, and not amounting to fifty Tons, is. and ot fifty Tons and upwards 2x. and for every Ship of thirty Pons, and not amounting to fifty, trading to other Parts of £«roJj(-, of to his Majefty's Plantations in America, zs. bd, and of fifty Tons, and upwards 5/. and for every Ship of thirty Tons, and not amounting to fifty Tons, and trading to any Pl.ice in Ajw, yljrica, ov America (other than his M.ijcdy's Plantations,) 5/. and (II llfty Tons i ox. ami the Mafter payiii^i the faid Keelage (hall have Allowance for the (iimc, of the Merchants, by Averai'c. All Money r.iiled by the Duties, and recovered for the Forfeitures, &c. (hall Ditto, S.I. br by the I nilKes applied to tl.c Building out a new Head, clcaruig the P .^h, and other Works (or maintaining the Pier and Harbour, i^c. After the (aid Term, (i) lung .is the Harbour (hall be kept up, there lluii beDittoi 3. n. paid to the Lord of the Manor of Minebrad, the Duties (bllov.jng, for Goods imported, for the Maintenance of the new Head and other Works, r::. for every twenty Stones of Wool, iry Ton of Salt zd. for every Quarter of Corn zd. for every Chaldron of Coals zd. CoKtinued by 10 Anno, Cap. %if, for Jixteen Tears, and by 11 Geo. 11. Cap. 8. Jrcm the z^b of J uiic, 1738, for forty Tears, * ' W H I T B Y. From the fir(l of Afay, 1702, for nine Years, there (hall be paid unto the 1 -*••• Sui. Truftccs herein niwned, li.-. tlie Lord of the Manor, Ralph Boys, and others ''"•''• '^^ '* for re-building the Piers of the Port of If'hitby, by the O r/ners of evci . Shi[> that (hall laid Coals at the Port of Ncvicafle, or at Hunder/and, Blithe, -iton. Sluice, or any other Member of the fiid Port, one Farthing per Chaldron, and for all the Luals la..dcd within the Port of IVhltby, for every Chaldron, To.vn 5 Mcafwe, tev^ ' ■ '1 172 OF B R I I I S ir P O R T S, Vc. Hi' MS* Ntcafure, 61L and for every Ton Weight of fait, landed at the Port of U'li'by, is. and for every Quarter of Malt, Corn, and Grain, 4^/. and for all foreign Goods imported in &ng/i/h Bottoms, 3(/. pr Ton j and all foreii^n bottoms importing fuch Goods, 6, ftiall ce;ifc; and, in Li"j rh*r'cf, .-very Mafter of a Ship ivj.' Gallons of Coals, which Ihall be LiJen on board fach Shipwit)un the iwid Harlour. There (lull be p?!.i for Jl Goods herein after mentioned, which (hall be dif- charged out of any Snip IK (he Harbour, coming Coaftwife. from the ift ii\' May, 1725, foi fifteen years, th; Duties following, v/^. t'oi every Ilo^duad of To- bacco 3er/and, If the Purpofes are fully anfwercd, &c. before the Expiration of the faid Term, Ditto, S. t. the Duties (hall ceafc ; and the Duty of a Half-penny for every 192 t;allons of Coals exported from the faid Harbour, and one third P.m t of the Duty on Ton- nage of Ships (which, by the Adt of 11 Geo. I. Cap. 16. are maUe perpetual) fliall commence. • C A T W A T E R. Benjamin Joulef, his Executors, (3c. fliall clear the Harbour of Cd^ttw/rr near « .^•«r. C. 3, Plymouth and Sutton Poole in Plymouth, and reduce the Shoals fo, that any^''" fourth Rate Ship may fafely go in and o jt, over any Part of them, at half Flood orE bb ; and after the Removal of the Siioals, he fliall keep the Water to the fame Depth, ^c. And after the a^tli of M;/r/6, 17 10, the C»id BenJ.im/n youles (hall have the Ditto. S. 4; fole Ballafting and Unbailafting of Ships belonging tr her Majefty, and all other Ships in Plymouth Sound, Hammoaze, Cafwu'er, ana Sutton Poole, or within the Road between .SV. Nicholas IJJand, and tbe main Land ; and e\ cry Mafter, &c. Ditto, S. j« belonging to any Ship that (hall come into the faid Harbours or Road, and deliver or receive Ballad, fliall deliver and receive the fame to, and from the (aid Benjamin "Joules, under Pain of forfeiting 5/. (^c. to hold and enjoy the faid (bie Liberty of Balla(ting, &c. unto the faid Bcrjamin Joules, hi? Executors, Gff. for fevcnty- one \'ears. The laid Benjatnin Joules fliall be bound to .urnifli all Ships with Ballaft j and fliall ballafl and unball.'ll; the lame upon Inch Terms as aie herein-mentioned, viz. the Ships of her Majefty at i)d. per Ton ; all Shijis of the Inhabitants of Plymouth or Saltajh, at 9*/. per Ton ; all other Ships of her Majefty's Dominions, at lod. Jier Ton, and all foreign Ships at izd. per Ton. LIVERPOOL. The Mayor, G?r. and Common-Council of Liverpool, fliall h.ivc Power to «//»». C.i a. mai».c a wet Docii or Halbn, wich Whari's, Sluices, and Canals, upon the Ground **■ *' fct a part for that Purpole. There lliall, from the 24th of June, 1710, fn- one and twenty Years, bcDitto, S. j, paid unto the faid Mayor, i^c. for every Vellll (Ships in her Majeily's Service excepted) coming into or out of the laid Port, witii any Merchandife (the Limits whereof are as far as a Place in Hoyle Lake, called the Red-Stones, and from thence all over the River Merfey to lyarringtw and Prodjham Bridges) by the Mafters of fuch Ships, the Duties herein after defcribed, •'/*-. for every Ship trading between the Port and 5/. Da. id's Head or C.arlijle, for every Ton 2d. For every Ship trading between St. David's Head and the Land's End, or beyond Carlijk to the Shetlands, or the IJle of Man, for every Ton ^d. For every Ship trading to Ireland, for every Ton, t^. Vat every Ship trading to Norway, Den^ mark, Holjlein, Holland^ Hamburgh, glanders, or any Part of France, without the Straits of Gibrai'ar, or JerJ'ey, or Guernjey, for every Ton S*/. For every Ship trading lo Newfoundland, Greenland, Rujfia, and within thi:Balt!ci, Portugal and Spai/i, without the Straits, Canaries, Madeiras, JVeflern IJlands, Azvcs, for Y y every »74 % .ft., c. II. S. 4. Ditto, S. IV Ditto. S, 16, Ditto, S. 17. jiC«.II. C, 31. S. , Ditto, S. 10. DitkO, S. II. 7 C«. I. C. 9. St i> 9C». I. C. 30. S. I. fu/f Dnxr 10 Cee.\. C. 7. S I. OF BRITI.SH PORTS, &c. weryTon izd. Such Duties to be paid at the Time of fuch Ship's Difthargc at the CuAom-hoiire, lo as no Ship (hall be liable to pay the Duty but 011 goi.ig the Came X'oyage both out and home. All Ships liable to the I'ayincnt of the Duties (hall be meafurcd, by t.ilving the Length of the Keel as (he treads on the Ground, and the Breadth to be taken within board by the Middiip Beam, from Plank to Plank ; and half that Ureadth for the Depth, then multiply the Length by the Ureadtli, and the Produd by the Depth, and divide by 94. After the laid Tern\ of 2 1 Years, there (liall be paid to the M.iyor, Gfc . one fourth Part of the Duties before-mentioned, S?c. Nothing in this Ad (hall charge any Ship which (hall be forced into the Harbour, and (hall unlade in order to repair and rclade : nor to charge any Sliip which (hall fell in the Harbour any Part of her Lading, only in order to rcHt or vitfUial. This Ad (liall not charge any Ship belonging to, or bound to or fioin the Port of (.'/6(/<'(7-, in Cal'e fuch Ship (ball neither load nor didh.irge witliin the Limits of the Port of Liverps'jl. The Ad of 8 ylnne. Cap. 12. for making a Dock at Liverpool, and an Ad 7, Geo. I. (not printed) whereby tlie Duties were furtlier continued for ("ointccn Years, are further continued for 31 Years. Every Ship trading from Liverpool to Gotttnburgh, or any ot!icr Place in Sweden without the Baltick, fliall be charged with the Duty of 8*/. per'Ton. After the laid Term of 31 Years, lb long as the Dock and other Works (hall be kept in Repair, there (hall be paid to the Mayor, (ic. and their SuccclTors, one Fourth of the Duties before-mentioned. DOVER and R Y E. No new Walls or Stops (liall be fet up that may hinder the Flux and Reflux of the Sea between the Moutli of the Harbour of Rye in SitJ/i:\; bounded by two Points called the Camber and Ciijlle Point, Ne^v SLmt, near Cniven Sliiicn in Suffix and Kent, &c. The Duty of 3^/. per Ton, granted by ii Will. III. Cap. 5. (liall be appro- priated for the Benefit of the Harbours of Dover and Rye in Manner tollowing, viz. One Third thereof (liall be paid to the Trcafurer for Dover Harbour, and the other two Thirns to the Treafurer for the I larbour of Rye. The Powers given by the Ad 9 Geo. L Cap. 30. for reftoring tlic Port of Rye, arc rranstcrrcd to the Warden of the Cimjue I'orts, the Ma) or and Jurats of Rye, 6 I Continue,! for 21 Tears by 11 Geo. H. Cap. 7. Seil. i. One Moiety of tbt Duties continued for 21 Tears by 31 Geo. II. W A T C H E T T. 7 G«. 1. 14. i. 1 Ditto, S. 2. 8 n.i. I. c. 11. ^. I. Tb.c Duties by the private Ad, 6 Anne, for Repairing the Harbour and Key of Watchctt, in tl.ie County of SomerCct, granted for 21 Years, from the 2Cth of March, 1708, (liall, after the Expiration of the liiiJTerm, be paid for the further Term of 21 Years. Nothing herein fliall dilcontinue the Payment of the Duties by tlie fiid Ad, 6 Anne, made payable for the conllant Reparation of the Key or Harbour, after the Expiration of the 21 Years, B R I D P O R T. Th?i the Havens and Piers of Bridport, in the County of Dorfet, may be rebuilt, and Sluices made, with convenient Wharfs, the Bailitl's and capital Burge(res of Bridport (hall be Truftees for the faid Purpolcs ; and at Bridport Moith, being an open Piece of Land, lying between the Ea/l and fVe/l CiilFs, and from the Sea Northward as far as Irepool, on wliich CJ round the ancient Har- bour svi, may lay out the new intended Harbour and Piers, and the Sluices, Wharfs, aid Landing Places, and the Ways to the Harbour. There OF BRITISH PORTS, icc. i?S lace in Siecdcn There flull be paid to the Colledor, to be appointed as herein after men-' n <7«. I. C. tioned, for every Weigh of Salt, for every Laft of Wheat, Rye, Rarky, M.,it, "• 8' <• or other Grain, for every Chaldron, ffi/ii/.v/ltr Meaftire, of Coals an.l (Juln, and for every Tonof other Goods, difchargcd out of any Shin in the faid IJaven, or which (hall be exported from thence, is. to be paid before the fame be landed; and there alfo (hall be paid for every Ship, of the Burden of ten Tons or upwards, which (hall come into the faid Haven, 2(/. for every 7'on futh Ship, GJ'f. fhall contain ; which Dutiea (hall be paid by the Mafter, (sc. Wh.-n the Harbours and Piers (hall be rebuilt, and the Monies expended thereon Ditto. S. 7; rciniburlcd, the Duties (lull ceafe ; and from thenceforth there (hall be paid to the CoUedtors for every Weigh of Salt, for ev.-ry Lail of Wheat, Rye, IJarley, Malt, and other Grain, and for every Chaldron of Coals and Culm, /fi/n'r/ler Mcifurc, and for every Ton of other Goods didharged in the faid Haven, or exported, 6(/. and for every Ship, C^c. which Ihall come into the Haven, \J. ft/- Tun and no more. YARMOUTH. After the 25th of Marcl<, 1723, for 21 Years, a;->d to the End of the next 9 ^"' !•*-'• ScHion of F.irliimcitt, there (hall be paid by every Maiu- of a Ship which (hall "^•''' '" iniladc witliin the Haven of iircat rarmoutb, or in T'lirm^.i ' Iload, extending from the South Part of Scrathy in Norfolk to the North Part >r Cortoti in Sujf'dh, at the Time of unlading, for the Goods following, viz. fur every Chaldron of Coals, lyiiubfjler Meafure, Laft of Wheat, Rye, Barley, Malt, or other Grain, for every Weigh of Salt, and Ton of other Goods (FKli excepted) iiuh Sums, not exceeding i2(/. as the Mayor, Ahlermcn, Burgelle?, and Commonalty of GrCtU Tarm'jut/'t in Common-Council aflembled, (ball appoint j to be appLcd as follows, viz. Part of tiic laid Duties not exceeding bJ. towards clearing and improving the Haven, Piers, and Jettees ; and 3*/. other Part of the faid Monies (lull yearly, on the 24th of June, be divided in Manner following, viz. One Penny Halfpenny to tiie Chamberlain of h'orwich to be applied towards clearing the Channel of the River Ture, between the two Mills in Nor^ivicb and Hanlly Ctofs, Sec. and one Halfpenny, other Part of the faid ^d. to fuch Perfon? as (liall be yearly named by the Jullices at their Quarter Selhons at Norivich, for the County of Norfolk, to be applied towards clearing the River Burc, called the North River, and for Inch other Purpofes as tlie Jultices (hall appoint ; and one Halffienny, other I'art of the laid t,(I. to fuch Pcrfon as (hall be yearly named by tlie Jullices at their Qi^rarter SclVions at Bfcchi, for the County of Sujj'olk, to be applied towards clearing of the River H'avrny, and for fuch other Purpoies as the faid Jullices Ihall order; and one Halfpenny, Relidue of the faid 3//. to fuch Peifons as the Mayor, i'^uth, and dull firll be applied towards clearing the Cliannel of that Part of the River Tiirc, leading from i'aniiMth to Noriuich, called HrayJon, us any feven of tlic CommiHioners Ihall dired at their Meeting at Yarmouth, &i-. The laft mentioned 3./. ihall not be railed but when Notice in Writing, ligncd Dino. s. j. by fevcn of the Commitiioncrs, ihall be given to the Mayor of TurMoutb, that it is necelfiry to raifc the laid Sum, or foinc Pari thereof, and for what Purpoks -, and then Inch Sum Ihall be railed, provideil that tiie Jullices for NorjJk, at their (garter Sclilons, yearly, out ot the Monies payable for the River hurc, may allot Part thcieof for the clearing that Branch of the River which leads from ^t. Binnct's-Ahbry to Dilbam, in Norfolk. On the Exportation of Goods, which havt- paid the Sums hereby charged on DUio.S. 12, the Importation, the Colleitor (Proof in Wilting on Oath being firft made of the Payment of the Duties, which Oath he may :itlminilL.i) (hall u.pay the Exporter the Money paid on the Importation. The h (I !; {' 176 OF BRITISH PORTS, tec. tOtttt P. *7« F.»7J. 1) Cn. II. f. 1R9. NN 9 c«. I. C. The Mayor of Ttirmoufh may yearly appoint Watcheri or Cl.ippcrmen, to 10. S. li. watch on the Kcyi nijjhtly, from the ift of Wmember ut the ifkoi M>ircb. Ditto, S. 14. There rtiall be paid by the Mailer of any Ship which (hall lie iti the Haven, from the South lind of the Ru/Ja/l AVy upwards, trie Space of one Mxith between the I (I of Navfm.'ur and the 1 ft of March, any Sum not exceeding one I f alfpenny per Ton oftlie Uurthen, as the Mayor (hall, for the Charges of fuch Watching, yearly appoint. Ditto, S.!;. Every iV1..ftcr, Cc. of a Ship, which (hall winter in the Haven, who (hall fiiffcr any Tire or lighted Candle to bein any Slii(> ly. g from the South lind of the Ihi/uiji Kty upwards (Ships which (hail have Officers boarded on them by the Direction of the fuperior Oniccrs of the Culhinis or lAcil'e, belonging to the faid Town, only excepted) (hall forfeit, for every fuch lire or lighted Candle, lOr.G'f . If. The Haven and Piers of Grent Tarmouth being in a bad Cotuhtion, and falling into an irreparable Decay, if not timely prevcnteii, it is therefore enacteil, that from and alter the 24th of Juiif, 1747, the ("everal Duties, which by 9 Geo. I. were granted for clearing and improving, (sc, the Haven ,iiul Tiers belonging to the faid Town oi Gteat Tarmoutb, and for depthening tiic Cli.mn^l of /i/wyj'a/r, and for making the Rivers I'lire, It'iiveny ami Ihirc, more navigible, and for repairing the Bridge and pubiiclc Keys of the faid Town, and alio (or prcferving Ships winterii'.g in the Haven there, (hall be reviewed anil paid for the Term of two Years, and from thence to the End of the then next Sellion of Parliament, in fuch Manner, by fuch I'crfons, and with fuch Exceptions, Allowances, and Drawbacks, as are mentioned in the before recited Act, iic. The I'rovilJon made in the preceding Adl, not having Ixen found fufHcient to anfwer the Furpolcs intended thereby, for repairing the I'ii-rs, clearing and depthcning the Ilavcn oi Great Tarmouth, £cc. it is enacted that from the 25th of '^larcb, 1750, the Duties pay.iblc by N'iitue of the foregoing \iX of 20 Geo. \\. rtiall ceafe : and, in lieu thereof, there Ihall be paid for twenty-one Years, and from tlience to the End of the then next Seflion of Parliament, by every Maftcr of any Ship or Vellel which (lull import or uiiLide within the 1 Isvaw of Gnvt y'aniijuth, or in I'armouth RmJ, near adjoining to tlic (aid Horough, extending from the South Part of the Town of Scratoy, in the County of t\o//'oi/t, to the North Pr.rt of the Town of Gorton, in the County of Suffolk ; for every Chaldron of Coals, t'/incbejier Mcafure, La(l of Whuit, Rye, Barley, Malt, or other Grain ; and for every Weigh of Salt ; and for every Ton of all other Goods or Merchandizes (Ei(h only excepted) the re(}>C(fHve Sums following, v/z. for the Term of (even Years, or fuch otiier lefs Term as twelve Commiflioners, or fcvcn of them (five being Commillioners for the County of Norfolk, Suffolk, and the City of Norwich) (hall order, a Sum not exceeding \s. bJ. And after the Ex- piration of the laid, 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 Scdion of Parliament, the Sum of 10^/. or fuch other greater Sum as the Commilhoners as alorefaid ih.ill ordwr, not exceeding the Sum of i id. r. 193. The Sum of ;, 6cc. are impowcred to direc't I'uch further Part of the Kcliiiuc of the Duties, as they fliall think neceliary to be applicil, w ith the faid 4r/. toAanls the faid I'urpcJcb, and for no other Ute. No I'art of the faid Sum of 4./. is to be applied in credUng any new Works iit the Haven, or in pidling down any Parts of the Piers and Jettee. The (aid Sum of ^d. and fuch further Sums (if any) as the CommilVioners (lull direi't, to be applied as aforelaid, are to be annually accounted for, Gf t . and the Overplus (if any) is to be applied in amending and improving the Haven P. 197. and Piers ; &i; Duriiu' the faid Term of fevcn Years or other lefs Term, tlic Sum of 81/. or fuch Part thereof, as ihall not have been dilpofed of by the Conunidioncrs, in Manner before dircdled, Rcfiduc of the i^uties, is to be applied in improving and extending the Haven and Piers, aiui in eredting new Works, as the Commiirioncrs as aforefaid (hall dired, according to the Pnn ifions herein after mentioned. Seven or more Commiirioncrs, &f. at their fufl, or fomc f'ubf'cquent Meeting. at Clretit Ttirmoutb, are to diredt fuch Works to be undertaken, as, with the Advice of fomc Ikilful Engineer or Engineers, they liiall think neceliary for P. 198, impro\i.ig and extending the Haven and Piers, ts/r. Durin^^ the Perm of ("even Years, or other lefi Term, the Chamberlains of Great Tin mutli, &c. are to pay the Money aria ng by the faid Sum of \iJ. to fuch Perlbns as the Commiffioners iliall diredt. The Surplus (if any) of the faid Sum of 81/. is to be applied in completing fuch new Works, as the Commiflioneis (hall diredt. If at any Time, before the Expiration of the (aid Term of feven Years, the Com- P. 100. miflioncrs (liall (ignify to the Mayor, iiC. that, in their Opinion, the Work is comj)leted, and the Ilaven and Piers effedtually improved and extended, then the Payment of the Sum of 8d. is to cealc, except in the Cafe herein after excepted. After the Expiration of the faid Term of feven Years, or fooner determination of the Payment of the faid Sum of Hd. the Sum of 4^. Part of the remaining Duty is to be applied, during the Remainder of the Term of twenty-one Years, and from thence to the End of the then next ScfVion of Parliament, in clearing and liv-pthcning the Haven, and keeping in Repair the Piers and Jettee, in fuch Manner as tlic Corporation of Great Tarmouth in Common Council (hall diredt. If in any Year, during the Remainder of the faid Term of twenty-one Years* ©*c. it (hall appear to feven or more of the CommifTioners, Gff. that the fid Sum of 43 of the Manor, viz, For Woollen, and Bay Yarn, and Flocks, id. per Stone, each to contain Ditto, s. a. 1 8//'. and for every Ton of other Goods, imported or exported out of the faid Port 8"' •' A a a There *• hi u ! \$i OF BRITISH PORT?, jcc'. tnifll 4 0(0. II. C. Thfre fhall be paid by the Mafter of every Vcfltl belonging to Hfordcombet 19. s. 7. ^yjjQ ^]jjjj j,jg jj^g Warp, 6/. 8t!;//Jh Ship, being of the Burden of 1 30 Tons, 4I/. And fci' every forci^jn Ship Vo entering is. and for the Top, or Crofs Trees, of fuch foreign Ship of i ^o Tons, 8r/. j Ca. II.C. In Default of Payment it fliall be lawful for the Collectors to diftrain. 14-8. j. All Ships within the Port of Scarborough Avail lie, moor, band allaft, in fuch Ditto, s. 17- Place as they (h.ill be direfted, under Penalty of c/. &c. The ancient Toll for fupporting the Piers fliall be paid. All Ships Britijh built, and manned according to the Adt of Navigation, belong- Ditto. S.m. ing to Great Yarmouth, fliall be free from the faid Duty of 27. per Chaldron of Coals, fo as the Mafter, or fome Mariner on his Behalf, produce a Certificate, made upon Oath before the Mayor of Yarmouth, and under the Seal of Mayoralty, that fuch Ship does belong to Yarmouth, and that the Inhabitants thereof are Owners of the Major Part of fuch Ship; By this Adl Truftees are appointed to put the then Adt in Force, In the Rooiri of the Bailiffs and Burgeffes oi Scarborough. No Perfon is to empty any Ballaft, Rubbifli, Dufl:, Aflies, Earth or Stones, into the Harbour, or lay any Logs, or FI0.US of Timber, or other Materials^ to fet up any Ports, or encroach on the Harbour to the Annoyance thereof, on Pain of a Fine to be levied by Order of any two of the Commiffioners, not exceeding 5/. to be applied to the Ufc of the Harbour. On Non-Payment, the Offender to be committed to the County-Gaol till paid, or compounded with five of the Commiflioners. 25 Gil. II. ARUNDEL. t4.';(' The Mdyor of Arundel and others are appointed Commiffioners fo Impirove q^'\^1 and preferve the Harbour of Arundel; and it fliall be lawful for the Commif- "'*''*■ fioners, or any nine of them, to ereft Piers and other Works. There fliall be paid to the CommilfionerS the Duties following^ viz. For every Ditto, S.:, Chaldron of Coal, Grindfliones, or other Goods paying Duty to the King by the Chaldron, which fliall be exported or imported in the faid Port, u. For every Ton of Salt and other Goods paying Duty or Freight by the TOn, ir. For every Load of Timber, Wainfcot, Trenalsj or other converted Timber, is. For every Load of Bark, 2s. For every Hundred of SparSj Ufirs, Pipe, Hogfliead, or Barrel Staves, If. For every Hundred of fingle Deals \s. bd. of double Deals is. of three Inch Deals 2x. bd. For every Quarter of Wheat, Clover, and other Grains and Seeds, 3^. For every Load of Flour and Meal is. and of Bran bd. For eVcry Hogfliead of Wine or other Liquors is. of Sugar and dry Goods, qd. For every Tierce thereof bd. And for every Barrel of Pitch, or other Goods, ^d. For every Bundle, Bale, and Chefl: of Hemp, Linen, Woollen, Glafs, Fruits, and Earthen Ware id. per Hundred Weight ; For every Hundred Weight of Allum, and Goods paying Duty or Freight /fr Hundred Weight id. For every Hundred Feet of paving Stones or Marble zs. For every Thoufand of Tiles, Bricks, or Clinkers, is. For every Grofs of Bottles, Stone, or Glafs, ^J. For every Barge, or other Craft, palling through eacli Lock, ix. For all Goods not enumerated, one twelfth of the ufual Freight from London to ArimdeJ -, For every Britijh Ship which fliall lade or unlade (fifliing \'effels excepted) 3^, per Ton, according to their light Bills ; For every Britijh Ship, which iliall fail into the Harbour, and fliall neither lade nor unlade there, id. zq. per Ton ; For every foreign Ship and for all Goods, imported or exported in foreign Bottoms, double Duties. No Ship fliall be cleared at the Cuftom-houfe, till the Mafter produces a Ditto, S.jj Certificate that the Duties arc paid or Iccured, &c. When it fliall appear to the Juftices, and be certified by them, that the Com- miffioners are reimburud the Monies borrowed, one half of the Duties fliiU J^cafe. II . tH OF BRITISH PORTS, ice. 17GV..II. P. 571. P-57'. •H^ft 4i 6 G.«. II. c. All Ships in the Port of Arundel are to moor and ballail in fush Places as tho "•'*•"'• Maacrs Hull be dirc-aed, Gff. Diito.s. 15. This Ad ihall be a piiblick Ad, &c. RivRR Dee ime, 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 Ihould be made navigable for fuch Ships to and from Chejier, to be vefted in the Mayor and Citizens, and their Succeflbrs, for ever > and they were at Liberty to cnclofe and improve the fame, and receive the Profits thereof, and apply the fame for maintaining and repainng the intended Works and Fences, and for making fuch further Works, from Time to Time, as Occafion Ihould require, for making and keeping the faid River navigable > And reciting, that feveral confiderable Sums had been laid out purfuant to the faid Adl, but the River was not made navigable, the Provilions for making it fo be-- infufficicnt, and the Time thereby granted, for making the fame navigable ainng in thofe Parts j and the Perfons attending fuch Boats (hall fcny over all rnfTei^gers, when required, without being paid anyThi^i? fyt the fame. The Commiflioners appointed by uie^^dt 6 Geo. JI- or any thirteen of them, at any of their Meetings, may fet out on^ or more convenient Roads, in any . ' Places over the Sands, Soil, and Ground, vefled in the Cpmpany, lying on thq • .'^\ North Side of the New Channel, within the Extent of the faid Channel, to lead . • V. to and from the faid two Ferries, or either of them, to the faid City of Cbefter, ' ',. and tp the Towns oi Shotwickt and S hough -Hfill, in the Hundred of JVatral, in 6, tlw 'Y id (hall make »9» G«. U. 597- P. J99. OF BRITISH PORTS, ice. the faid County of CbeJIer; and every fuch Road (hall be for ever malntain&d and repaired at the Expence of the Company and their Succe(rors. If the faid Company and their Succe(rors (hall negledl to maintain and repair ": the faid Roads, or to fupply fuch Ferry-Boats with fu(ticient Attendants, &c. on ^ every fuch Negledl the (aid Commi(rioners, iinpowered by the Adt of 6 Geo. II. may aflefs on the faid Company fuch reafonable Penalty as they (Iiall think fit, CSc. The faid Company, aflemblcd in a general Court, (hall have Power to call in from their Members proportionably, according to their refpedtive Shares in the Capital Stock, any further Sums of Money, as by fuch general Court (hall, from Time to Time, be judged nece(rary, not exceeding, with the Call of Five per Cent, already made purfuant to the (aid former Adl, in the Whole the Sum of Forty per Cent. And if any Members, &c. who have or (hall be required to pay in Money upon any Calls, &c. (hall negledt to pay their Shares of the Money fo called for, at the Time appointed, by Notice in the London Gazette, and on ?• jpJ. the Royal Exchange in London, the (aid Company may not only (lop the Share, Dividend, and Pro(it, which (hali become payable to fuch Members fo negledting, and apply the fame towards Payment of the Share of Money fo called for, till tlie fame (hall be fatis(ied, but alfo may Aop the Transfers, or A(rignments of the Shares of every fuch Defaulter, with Intereft .^fter the Rate of Eight per Cent, per Ann. for the Money, fo by them omitted to be paid, from the Time the (ame vras appointed to be paid, until the Payment thereof; and the Shares and Stock-Shares, and Stocks of fuch Defaulters, (hall be liable to make good the Monies fo appointed to be p^d, and Intereft as aforefaidj and, if the Principal and Intereft (hall be unpaid, by the Space of three Months, dien the Company, ^c. (hall have Power to fell and aflign fo much of the faid Stock of fuch Defaulters, as will fatisfy the fame, rendering the Overplus (if any be) to the Proprietors; and the Money fo called for and paid in, (hall be deemed Capital Stock, &c. The faid Joint Stock of the (aid Company, created and eftablKhed, in Pur- fuance of this and the former Adl, and the Share and Intereft of each particular Member thereof, (hall be deemed, in all the Courts of Law and Equity, and elfewhere, to be a perfonal Eftate to all Intents and Purpofes whatlbever, and not a real Eftate; a:id (h;dl go to the Executors or Adminiftrators of the Perfbns dying pofle(red thereof, interefted in, or entitled thereto, and not to the Heirs of fuch Perfons ; and the Proprietors of the faid Joint Stock, their Executors, CSc. (hall be refpedlively entitled to all the Benefits and Advantages by the firft recited Adl, vefted in Nrthaniel Kinderley, his Heirs, Gfc. in Proportion to their refpedlive Interefts in the Joint Stock of the faid Company. The Method ofafligning, transferring, and accepting of any Intereft, in the faid joint Stocks, (hall be in the following Form, viz. T A.B. in Confideration of paid to me by C. D. do hereby bargain, fdl, ajfign, and transfer to the faid C. D. in the Joint Stock of the Company of Proprietors of the "Undertaking for recovering and preferring the Navigation of the River Dee j To bold to him the faid C. D. his Executors, Adminiftrators, and Ajjigns, fubjeSl to the Rules, Orders, and By-Laws of the faid Company. H^itnefs my Hand, the Dayof I, the faid C. D. do hereh accept of the faid . . •' bf the faid Joint Stock, fubje^ to the Rules, Orders, and By-Laws of the faid Company. Witnefs my Band the Bay and Tear aforefaid. Which Transfer and Acceptance (hall be figned in the Company's Books, to be kept for that Purpofej and it being Witnelfed by one Witnefs to the Signing thereof, (hall be valid to all Intents and Pupofcs. Nothing in this Adl, or in the Adls biF 6 and 14 Geo, II. or either 6S them con- P. foe tftined, Ihall extend to hinder or reftrain Sir John Clynhe, Bart. Lord oif the Manor ipz iiiiiltj 1 7 Cm. II. V. 6«j. P. $04. OF BRITISH PORTS, kc. Manor of HaviarJen in the County of Flint, his Heirs, &c. or any other I^erionS entitled to the right of Cdmmon thereon, from enjoying the Lands, G^oiinds, or Salt Marfhes, lying on either Side of the Banks and Forelands of the new Channel, &c. The new Channel, and the Banks, and Forelands on each Side thereof, and the Foreland of the Breadth of twenty Feet, next adjoining to the oiitfide Foot of the North Bank of the new Channel, and fo much more of fhe common S;ilt Marflies next adjoining to the faid twenty-Feet- Foreland, as will be ncccflary for making a convenient Ditch or Mound, to fence and feparate the faid twenty- Feet-Foreland from the reft of the common Salt Marflies, and the fcven'.l Pieces of Marfli Lands containing three Acres and five .'^cres, lliall be for ever here- after vefted in the Company, &c. In confequence whereof, and as a Recom- pence for fuch Part of the Marrti-Lands, as are hereby vefted in the Company, and of all other Damages done to the Common Salt Marihes, the laid Company Ihall make good and keep in Repair the Foreland and Fences of the new Cut or Channel, fo as thereby to prevent the Common Salt Marflies lying within the Manor or Parifti of Ha-iiarden, on either Side of the new Cut, from being deftroyed or waflied away, by the Flux or Fvcflux of Water through tlie fiid new Cut, or through the Gutters or other Iplcts running through the Marlhe.i ; and in Cafe, ' at any Time hereafter, the Common Salt Marflies lying on either Side of the new Cut, and within the Manor or Parifli o? Haicardcn, or any Part thereof, fliall, in any one year, be fo far injured or ^leftroyed, by Reaft)n of the faid Forelands not being kept in Repair, or by Rcalbn ot" the fiiil Navigation, or of any Works to be made in Purfuance of the laid A k P.fiio. z6 Gil. II. II jj CVs. II. p. 160. p. 161. J i *'. -'i 5 i O F B R ! T I S H PORTS, &«. Ail J bwt thtj" ftiall have the fame Powers and Authorities as they had bcfers the making this Aw or Equity, between the Mayor and Citiaens of the laid City, and tlie Company, or between any of the Mcrcha:it8 and Traders of the City, or other Perlbns, and the faid Company, relating to any of the Matters aforefeid, and depending at the Time of pafTmg this Ad, fhall immediately ccafc and b« difcontinued -, and no Adlions or Suits fhall be hereafter commenced or carried on by the Company againfl the Mayor and Citizens of the faid City, in Refpeft of the Ufe or Occupation, or of the Rents or Profits of fuch Part of the RooJ, as by the faid Ad of 6 Geo. II. was vefled in Natbnniel KmJerley, his Heirs, &c. antecedent to the faid 25th Day of May, 1744, or againft any of the Merchants or Traders of the City oi Cbejier, or any Perfons, on Account of any Sums of Money due for any of the Duties or Tonnage mide payable by the faid recited Adt of 6 Geo. II. and hereby repealed, as aforefaid, or upon any Security given for tlie fame. All Adions commenced for any Thing done in Pitrfuance of this A£l fhall be brought within twelve Months after the Fad committed, and laid in the County where the Caufe of Adion fhall arife, Gfc. This Ad fhall be deemed a publick Ad, G?<:. This Ad recites the former, and confirms an Agreement entered into between the Company, Sir John Glynne, and others, as to Ri;^ht of Common and other Affeirs } and likewife as to Allowance of a certain Sum of Money to Sir Jobn Glynnt, for making a new Bank with one or more Sluices, and to keep the fame in Repair ; and likewife impowers the Company to make a Call not exceeding «o per Ce>. '. more than was allowed by the lafl Ad. L O Y N E or L U N E, anJ LANCASTER. The Preamble fets forth. That the Town of Lanca/ier in the County Palatini of Lancajhr, from its great and extenfive Commerce to the IVeJi Indies, and other foreign Parts, is now become a very confiderable Por., and has, for fome Time pafl cmployediand 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 River Loyne (othc :<{ wife callrd Lune) is become very difHcult and dangerous t and that the only Place near tlie Town, where Ships can be moored and difcharged, is, by Reafon of the Shoals, and other Obf^rudlions in the Soil of the River, become very unfit and unfafe for that Purpofe, infomuch that many Ships and Veflels flationed there have been overfet and damaged : And it is conceived to be highly necefTary for the Benefit and Improvement of the faid Navigation, that a Quay or Wharf* with other conveniences, fhould be built on the South Wefl Side of the P.ivcr, and that Bucyc ihould be placed at the Entrance into, and in other Parts of the River, and Land-Marks ereded for direding of Ships 5 and that a Place of Safety fhould be made for the Harbouring and Protcdtion of tlie Shipping, near the Moudi of the River : And that the Rev. James Fetiton, L L. D. Vicar of the Parilh Church of Lancajhr, is, in Right thereof, feized of divers Parcels of Land and Ground, which are commodioufly fituated for the Purpofc! aforefaid} and that the Right Ktv. Samuel, Lord Bifhop of L'i6^/fr, the Ordin .ry, Edward Marton, Eftj. Patron of the Advowfon of the Vicai-age of tlie faid Church, and the laid 'James Fenton, the prefent Incumbent, have relpedivelv agreed, that the faid Parcels of Ground fhall be difpofed of, for the Purpolls herein-after-nien- tiorted, fubjed to the Rents, Refervations, and Reftriclioiis hcrcin-aflcr cxprefTed: WJierefore, for promoting and carrying on a Delign fo benclicial, // is enaited that all that Parcel of Land, being Part of a certain Clofe, called the Bridge Fie/df belonging to the Church of Lanca/ier, and containing threes Roods, and thirty- -two Perches ; and alfo that Parcel of Land, being Part of another Clofe, called the Hay Field, belonging alio to the faid Church, and containing thirty-two Perches ; and alfo that Parcel of Land called the Summer Pajlure, belonging alfo to tlie laid Church, and iontaining about three Acres, five Roods, and 5 thirty- icunty givca Ifei a'breraid} OF BRITISH PORTS, Stc. ' t^^ *hirty-two Perches, fituate and contiguOHS to th* South-Weft Side oJ^ the River Loym, with their Rights, Members, and Appartenaftces, (hall, from Jmd aft«r 28 y/y>r;/, 1750, be vefted in Abraham Raiotnifon, WHIiam Biitterjkld, and Jo^n . Boiaes, Merchants of Lancajier, their H^irs and Afligns, abfolutely difcharged of ' all Claims, &c. from the faid James Fenton^ and his Succeflbrs, Vicars of the fa»d ' . Parifh Church, for ever j to the Ufes and Trufts herein-after mentioned, viz. to', the Intent that the idiAJamei Fenton^ and his Succeflbrs, Vicars of the faid . , Church, (hall enjoy, out of- the fame Premifes, the annual Rent of 14A 14/. free of all Dedudtions whatever, by four Quarterly Payments, to be made on May i , 23 G.». II. Auguji 1, November i, and February i, in evciy Year, for ever j the firft Payment ''• ^^^' to be made on May 1. 1750. And, if the faid annual Sum (hall be unpaid for twenty Days after any of the Times before limited for Payment thereof, tlie faid Vicar, and his Succeflbrs, may enter and diftrain upon the Premifes, and make Sale of the Diftrefs, and receive the Iflues, till the foid Rent, and all Arrears, with the Cofts and Charges, and all Damages, be fully paid. The Parcels of Land before mentioned and dcfcribed (hall go to the Ufe of the faid Abraham Rawlinfin, William Butterjield, and John Bowes, their Heirs, &c. in Truft, that the fame be employed as a Quay or Wharf, and for fuch other Purpofes, and under fuch Diredlions, as arc herein-after prefcribed. When any of the Truftees, in whom the Lands are vefted, (hall die, the Com- mifTioners and Truftees, appointed for other Purpofes of this Ad, are to nominate another, &c, , The Commiflioners and Truftees appointed for the Purpofes herein-after men- r. 163. tioned, arc to caufe the Parcels of Ground aforef^iid to be divided from the other Parts of the Vicarage Lands by a good and fufiicient Stone Wall, two Yards high above the Ground, next the Church, to be built with Lime and Sand, and to ex- tend from a Stile, to be in like Manner built and made, at their Expence, to the End of a Garden Wall (adjoining to the Town of Lancajier) now belonging to Mary Majbn, Widow, through and over the Bridge Field and Hay Field, to the Fence that divides the Hay Field from the Summer Pajiure ; and they arc to keep up and repair (as often as Occafion requires) the faid Fence, Wall, and Stile, and all the Hedges, Ditches, Mounds, and Fences, feparating the Lands fettled by this Aft from the reft of the Vicarage Lands, fo as to prevent any Trefpaflies or Damages to be done to the faid Vicar or his Succe(rors j and they are allb to caufe a fufficient Watering Place, or Rcfervoir of Water, to be made in fuch.con- venient Part in the faid Bridge Field (not fettled by this Adl) as the faid James p. 264; Fenton (hall appoint, for watering the Cattle, depa(luring in the Vicarage Lands -, and in Cafe of any Overflow thereof, jhe Waters are to be turned into the River Loyne, at their Expence, upon Application made to any of them for that Pur- pofe, fo as to prevent any Damage to be done to the faid Lands j and upon their Rcfufal or Negleft fo to do, the Vicar and his Succe(rors may turn off the faid Water or Watering Place into the River, by fuch Ways, and in fuch Manner, as he fliall think proper. The Occupiers of fuch Parts of the Vicarage Lands as are not fettled by this Aft, fliall have the Libertj- of taking Sand all along the Clofe called the Summer Fajiure, betwixt the Banks thereof and the Low- Water Mark in the River Loyne, in order to cultivate the faid Lands, with free Liberty of Ingrefs and Regrefs for "'• tliat Pur}X)fe j and of driving their Cattle, dcpafturing in the Vicarage Lands, over the Summer Pajiure, to Water j the Ways for thefe Purpofes to be appointed by the Commiflloners and Truftees, and by the Vicar; and, upon their Refufal or Negleft to comply therewith, tlie Vicar may appoint fuch Ways for the Purpoles above as he (hall think proper, and he and his Tenants may make Ufe thereof; aiid the Vicar (until the Divifion-Wall above defcribed is built and fini(hed) is to have the Herbage of fuch Parts of the faid Bridge Field and Hay Field, as are above mentioned, and intended to be allotted to the Quay ; and no Doors or Wys P. a6s« are to be opened through the Divifion-Wall or Fence, without the Licence of the Vicar for tlie Time being. The Mayor of Lancajier for the Time being, Francis Reynolds, Ed'i ard Mar- ton, FA^Ti.&c. art appointed Commiflionc;s and Truftees for executing the Powers and Purpofes ot this Adt, until the hrft Wednejliay in May, 1755, &c. Such n "'Hi thill i: 1.^ X i ■ I 1} Cm. II. P.t66. P. J78. N.B. The Reironofthii advanced Number i> becaufe ihU Mras put in a Schedule af. tet the Ad, ! i ' 1 im i im' 1 '' j ji 11 196 OF BRITISH PORTS, &c. Such Merchants or other Perfons ts (hall, in his or their own Right for the Time being, be poffefkd of a Sixteenth, or other greater Part of any Vcflcl of the Burthen of fifty Tons or upwards, then adhially belonging to the Town or Port of Lancafier, are impowered to meet at the Exchange on the firfl: Wednefday in May, 1755, and fo on every firft Wednefday m the faid Month, in every third Year, for ever, and nominate fixteen fubftantial Inhabitants of the Town, to be joined with the Mayor for the Time being, to be Commiflloners and Truftccs for building a Quay or Wharf, with all other neceflary Works and Conveniences , upon the Premifes fettled by this A61, and for letting or othcrwife difpofing of the fame for the Advantage of the faid Navigation ; and for making Places of Security by erefting Piers or Moles at the Mouth ot the River for the Prcfcrva- tion of the Shipping, and for doing all Matters and Things whicii they Hiall think requiiite for improving the Navigation of the faid River Ln7, 1750, there (hall be paid unto the Com- milTioners and Truftees, or their Colledtors, for the Term of twenty-one Years, for every Veffel coming into or going out of the River Loytie, between Lancajler Bridge and the Perch at Cocker/and Abbey (Ships of War, and other Ve(rels in his Majefty's Service, and Ships driven in by Strefs of Weather, and not lading or unlading within the Port, and Ships laden with Coal or other Fuel, only excepted) the feveral Duties of Tonnage following, viz. For every Ship or Veffel coming into or going out of the Port of Lancajier, and trading to or from any Port or Place in Europe within the Straits or Mediter- ranean Sea, or in Africa, America, or Greenland, is. for every Ton of the Burthen of fuch Ship. For every Ship tr Veffel coming into or going out of the faid Port, and trading to or from any foreign Port or Place in Europe (except Ire/and, the I/ie of Man, and the Straits, or Mediterranean Sea) id. for every Ton of the Burthen of fucii Shm. ^ For every Ship, Veffel, Bark, or Lighter, coming into or going out of the faid Port, and trading to or from any Port or Place in Great-Britain, fituate South of Holyhead, or North of the Mull of Galloway, 6d. for every Ton of the Burthen of fuch Ship or Veffel. For every Ship, Veffel, Bark, or Lighter, coming into or going out of the faid Port, and trading to or from any Port or Place in Ireland, to the IJle of Man, 46t. AH Veffels, fubje^ to the Payment of the faid Duties, are to be meafured ac- cording to the Rules of Admeafurement laid down in the Aft of 6 Gee. I. intitled. An A^for preventing Frauds and Abufes in the publick Revenues ofExcife, Cujioms, &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 faid Duties is to ceafe, and the other Moiety is to be continued, and paid in the Manner aforefaid, for keeping the Quay and other Works in Repair. P. 269. No Officer of the Cuftoms of the Port of Lancajler (hall clear any Veflel until the Mafter produces a Certificate of the Payment of the Duties of this Aft, (Sc. The Commiffioners and Truftees arc impowered to make Bye-Laws, &c. and to contract bonajide for building the Quay, Gff . The Commiffioners, iic. are impowered to borrow a Sum not exceeding 2000/. on the Duties, at 5 per Ctnt, per Ann. wherewith to make the new in-i tended Quay, &c. 3 The 0* BRITISH PbtLtS, ke. »97 'S are impowered to gd on board-any Veflel to tneafure her, And *) (;>•. il. ties, and for Non'-Payment, (Sc. may diftrain j and, after ten ^' *'** The Collcdors demand the Duties, Dayi, Tell the Diftrels, &c. All Perfons who fhall have any BUfinefs to tifanfia upon the faid Quay of ' Wharf in the Mercantile Way or otherwife, and for the Benefit of lading and unlading Veflels on the South Weft Side of the River Loynet may paft and rcpafs freely through the Cuftom-houfe Yai'd with Carriages, and otherwife, > to and from the faid Quay, as need (hall require^ The Commiffioners, &c, for the unlading any Veflel that may come on P»7J« Ground on the Sea/e Ford, or on the Shoals thereabouts, may open a Road out of the Summer Pcfture aforefaid, over Lancajier Marjh, over which all Pcrfona in the mercantile Way may pafs and repafs with Carriages, a& Occafion mall require, to and from the Quay at Lancajttr. The Commiflioners, Gfc. may agree for the Purchafe of the Weigh-houfe, ftanding in the Cuftom'-houfe Yard, with the Appurtenances } and ufe the Site and Soil thereof, for the making the new Quay aforefaid» and difjwfe of the Materials fot fuch Purpofes as they (hall think requifitei The CommilTioners, &r. may contradt for the Purchafe of the Lands, Tene- ments, and Hereditaments, which (hall be adjudged necelTary and cpnvenient for the Purpofes aforefaid, (Sc. And this A^ (hall b« deemed a publick Aft, (ic. SOUTHWOULD. P.4JV* The Preamble fets forth, that there had been, for Time imtheihorial, a Sea Port or Harbour for Shipping at SouthwouU, in the County oi Suffolk, which is fltuated very conveniently, not only for the Prefcrvation of Veflels navigating in the Britijh Seas, hut alfo for the Importation and Exportation of many u(eful Commodities, and for the Benefit of Trade in general ; but that the Road lying before the faid Port is fo obftrudtcd with S^nd, as to prevent laden Veflels, except fuch as are of a very fmall Burden, from pafling into oi* out of the Harbour j to the End therefore the faid Harbour may be opened, and made comnwdious for Shipping, and be of publick Utility to the Trade and Com<* iherce of this Kin^l m> // is enaifea, that from the 2? of March, 1747* for the Term of twsnty'onc Ye, -s, and from thence to the End of the then next Seflion of Parliament, there (hall be paid unto the Commiflioners and Truftecs for the Purpofes of this A For every Hogfhead of Wincj Brandy, Rum, or other fpirituous Liquor, exported or imported, (Sc. in any Englijh VeflU, the Sum of u. For every Ton of Chalk, imported there to be burnt into Lime, for any other Purpofc than that of manuring Land, the Sum of id. For every Firkin of Butter, and for every Weigh ofCheefe, exported or im- ported., the Sum oi id. Forwei^ Ton of Grocery Wares, and other Goods, Wares, tod Merchan- dizes, Fi(h, Butter, and Chccfe, only excepted exported, or imported. &c. m any Englijh Vcflcl, the Sum of is. bd. Sum For every Ton of Lead, exported or imported, ©><•. in any Englifh Ve(rel. the m 01 I^. a J w c e For !«■»; I. n d 'H' $ 49? *i Gri. 1 P- 434. P-4n- 17 Git. If. r. 4J9. p. HO. 22 c». ir. p. XOI. p. 204. OF BRITISH PORTS, fcc. For every greater or kfs Quantity of any of the £iid Goods or Merchandizes than what are be>bre-mentioiied« proportionabiy to the Prices hcrein-bcfore fet. For every foreign Vcflcl which fhall fail into the faid llarboar, and (hall not lade or unlade there, and for all Good*, Wares, and Merchandizes, which (hall be exported or imported, laden on board of, or difcharged from out of, any fuch Veflci in the fr'^i Port, double the Duties herein-before laid. Which Sums (hall be paid 9X the Unding or (hipping off the faid Commo- dities ; and. in Default thereof, the Colledl;or of the mid Duties may go on board and diftrain fuch Vc(rel, with her T.ickle and Furniture, or the Goods and Merchandizes, or any Part thereof, and make Sale of the fame ; and no Cuftom-houfe Ofiicer fliall clear any VelTel, till the Maftcr produces a Certi- ficate of having paid the Duties, (Sc. The Monies colledled, after dedu(5ting the Expences of obtaining tills Aft, (hall be employed for the Opening, Clcanfing, Scowering, G'c. of the faid Haven and Harbour, and for opening any Rivers or Creeks for letting in Streams of Water to drive the Sand and other ObAruftions out of the Harbour, and for keeping it open, clear, and in good Repair, and (hall not be diverted to any other \Jk, except the Charge of colledting the fame, which (ball not exceed bd. in the Pound. In Order to raife Money fufficient for the fpeedy qleanfing, &c. the faid Ha- ven and Harbour, the Majority of the Truftees may mortgage the Profits arifing by the Duties for fuch Sums as they (hall borrow for that Purpofe, (Sc. The Bailiffs of the Borough of South-would, for the Time being, and Sir John Rous, Sir Charles Blois, Sir Robert Kemp, Baronets, &c. (hall be Commiflioners and TruAees for the Execution of this Adl. 1 ! This Aft (hall be deemed a publick Aft, &e. ..^ ■• . ' "-^ BORROWSTOUNNESS. The Town of Barrowjlounnep, in the County of Linlithgow in Scotland, is very weU fituated for carrying on foreign and coading Trade, for the Benefit of the Country thereabouts it\ general, and of the (iiid Town in particular, there being many Coal and Salt Works very near, but the(e Advantages cannot bo obtained, unlefs the Harbour, which is now in a ruinous Condition, be eHcc-' dually repaired and made commodious for all fuch Perfons as dull make Ufe of Ijhe fame, which will require a very conliderable Sum ot Money, ai^d the Town hath no Revenue to anfwer the Expence thereof; // is therefore enailed, that, after the firft Day oi June, 1744, for the Term of twenty-five Years, and to the End of the then next SelTion of Parliament, there (hall be laid a Duty of two Pennies Scots, or one lixtlt Part of a Penny Sterling, over and above tlie Duty of Excife payable to his Majefty, &c. upon every Scots Pint of Ale and Beer, that (hall be brewed, brought in, tapped, or fold within the (aid Town of Borroivjioumiejs, or the Liberties thereof; and that the faid Duty (hall be made payable by the Brewers for Sale, or Sellers of all fuch Ale and Beer, to James Main, James Cajiks, William Muir, &c. who are hereby appointed Tru(tee9 for deepening, rebuilding, and improving the (aid Harbour and Piers, and alfo for puttmg in Execution all other the Powers by this Aft given ; and the Money fo to be collefted, (hall be vefted in the faid Trufte>':s and the Survivors of them ; and (hall be applied to the fcveral Purpofes aforefaid, tlie reafonable Charges of pa(ring this prefent Aft being firft dedufted. The Truflees have a Power to mortgage the Duties for raiflng of Money, Off. ELLENFOOT. . The Preamble fets forth, that the Harbour of Ellenfoot, in the County of 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 Veflels ftifiicient for that Purpofe; but, in Cafe a nevv Pier and other Works were erefted, it might be made a proper and futhcicnt Harbour for the Reception and Safeguard of VefTels navigating in thofe Seas; which would not only be a Means of extending the faid Coal Trade, but would contribute alfo .3 to li Gn. II. r. 105, OF BRITISH PORTS, fee. to the Increafe cf his Majcrty's Cuftoms, and the rmprovemcnt of Trade and Na- vigation in general j but, as a fofiicicnt J^'jm of Money cannot be raifcd to defray the Expenccs thereof, without the Aid and Authority of Parhamcnt, // /■/ tm&id, that, from and after the acth oi March, 1749, during the Term of twenty-one Years, there (hall be paid to the Commillicners and Truftccs herein after named, their CoHe«5tors or Deputies, viz. Humphrey Sinfruje, Efq; and the Lord of the Manor of FJktth^rmtgh for the Time being. Sir Charles Windham, &c. for and towards tht; amending, enlarging, deepening, and cleanfing the faid Harbour, and erecting a Pier, and other proper Works, and maintaining and repairing the fame, the Rates and Duties rc'.'.nwing, viz. By every Pro- prietor of Coals, his, her, or their principal Sc^v^in^ or Agent, employed in fliipping any Coals on board any Vellel m the liiid I 'arbour zd. for every 192 Gallons, to be paid witliin ten Days after fuch Coals are fliipped ; and alfo by every Mafter of any Ship that fliall load or take any Coals on board there, 2d. for every 19a Gallons} aad, from and after the Expiration of the faid Term of twenty-one Years, \d. for every 192 Gallons or Coals tha* fhall be Hiipped there, to be paid by the Mafter of the Veflel j the faid refpcdtive Sums or id. for twenty-one Years, and id. afterwards, for fo long Time as the faid Harbour and other W ks provided for by this Att, fhall be Kept up in good Repair, to be paid by the Mafter of the Veflel upon reafonable Demand, after /hipping the faid Coals, and before fuch Ship goes out of the Harbour, or proceeds on her Voyage. From and after the 25th oi March, 1749, during the Term of t\venty-one Years, the Mafter, ^c. of any Veflel, not taking on board a Lading of Coals, fliall pay 6f Ships and VeJJ'eh, and upon Beer, Ale, and other Liquors, for fecuring certain Recempences and Advantages in the faid A£l mentioned, &c. Four Pence ^er Ton mall be paid by the Mafter of every Veflel which, during P.iotf. the Term af6refaid» . fliall be driven by Strcfs of Weather into the Harbour of Ellenfoot, or fliall come there for Security or Prefervatlofr, and fliall not take in a Lading of Coals j and, after the Expiration of the faid Term of twenty-one Yeats, one third Part of the Duties rated upon the Tonnage of Ships fliall be Eid in Manner aforefaid, for fo long Time as the Harbour and other Works fliall kept in good Repair. The Monies received fliall be applied towards amending, enlarging, deepening, p. jo;. and cleanfing the faid Harbour, and keeping the fame and the Pier, and other Works, continually in good Repair; and fliall not be employed to any other Ufe, ^c. If the Duties payable by the Proprietors, who fliall fliip any Coals aboard any p. ,03. Veflels at Elknfoot, fliall not be paid within ten Days after fliipping thereof, the Collector, by Warrant from two or more Commiflioners, may diftrain all fuch Coals, Gff . and fell them in three Days, dedudting the Duties, &c. If the Collector and the Mafter of any Veflel, charged with the faid Duties, p. tog, cannot agree about and adjuft the Tonnage, the Colledtor may, at all Times convenient and feafonable, enter into ruid admeafurc fuch Ship, according to the Dircdlions^ of the Ad referred to, which Admeafutiement fliall be the Rule to charge the Veflel then, and at all Times afterwards ; arid if any Mafter, taking iii Coahas aforefaid, fliall not, upon reafonable Demand, pay the Duty; and if any Mafter of a Veflel, chargeable according to the Tonnage thereof, fliall not upoa like Demand, after che faid Tonnage is agreed unto or afcertained, pay the Duty, the Colleftor may diftrain any Tackle, Apparel, or FurnitU'-e, in, upon, or belonging to fuch Veflel, and fell tlie fame within three Days, deducing the Dlitiee, and Charges, Gfr. NoOflicer w^hatfoever of his Majefty's Cuftorfis MM tl^V' ahjr Veflel, until P. no. the Mafter producer a Certificate of having paid the Duties, &'c. The Commiflioners, or fcven'of them, .may contradl with any Workirien, &c, P.211. bond fide, for doing all other Part of the Work, and are impbWered to appoint V the t99 ■■ ii U Cn- II* fc«»l tz C«. II. P. 499. 4 1| iS'vW^ i boo Of BRITISH PORTS, act. l))e Place for building the Pier, and enlarsinff the Harbour, upon Tuch OrOund adjoining to the River Mf/i, or the South Weft Side nigh EJknJ'tct, aa they (hall think mod convenient and necelTary, (tc. For the more fpeedy completing the Taid Works, the Commiflioneri, or feveo of them, are impowered to borrow, at 5 ptr Cent. Intercft, any Sum not exceeding 20C0/. Sterling) and to aflign over the Duties, by Indenture under the Hands ana Seals of nine of them, as a Security for Repayment of the Principal and Intereft. The Money fo borrowed (hall be applied by the CommifTioners, in the ftrft Place, for dilcharging fo much of the Expences attending tlie obtaining an A£t for the amending and repairing thr ' '■ Pier and Harbour, as (hall be deficient 1 and afterwards for the enlarging :ing, and repairing, (Sc. the (aid Pier and Harbour of ElUnfoet, If the Duties of id. for ever^ 192 Gallons of Coals, to be paid by the Pro« ^rietors, and by the Mafters of Ships, and alfo the Duties upon Tonnage, re-« Ipcdtivcly granted for twenty-one Years, fhall railc the principal Monev and Intercft provided for, and to be borrowed on the Credit of this Adl, and alfo the Charges of collecting the faid Duties, before the End of the Term of twenty- one Years, then the faid fevrral Duties Hiall ceafc ( and from thenceforth, or from the Expiration of tile faid Term of twenty-bnc Years, which /hall firft happen, only the Duty of id. for every 192 Gallons of Coals, as aforefaid, and one third Part of the Duties on Tonnage, Hiall continue as aforementioned, to be applied for repairing, cleanfing, and maintaining the faid Pier and Har> hour, (Sc. WEYMOUTH WMELCOMBE REGIS. The Preamble fets forth, that thsi Mayor, Aldermen, fiurgcfles, and Com-* monalty of the Borough and Town of Weymouth and Mtkombe Regis, in the County of Dorfet, have, for Time immemorial, received^ and been entitled to receive, petty Cuftoms, or Wharfage Duties, upon the Importation and Exporta- tion of all Goods and Merchandizes into, and out of, the Harbour of IVeymautb and Mekemie Regisi and alfo Harbour Dues and Ballaft Dutyj which feveral Duties have been conftantly under the Management of the Mayor, Aldermen, &c. of the faid Town, as Truftees and Managers, and have been applied for f. jco. repairing the Harbour, Quays, Wharfs, and other publick Buildings and Works, within the faid Borough and Town : And whereas of late Years teveral Perfona have refufed t6 pay tne faid Duties, and have been induced thereto by Means of the great DifHculties in fupporting, by AtiCt and legal Evidence, prdcriptive Claims and Rights to Duties on each particular Specie* of Goods, and the precife Sums payable for the &me ; and although the faid Corporation, in Sup- port of their Right, have brought feveral Anions, and obtained Verdi . 3t, Cordage, )tton. Wool, ler, wrought 'ing Duty or ii h'he ftconii Tahk, or ScMulc, referred tOs viz. Of Ilarf/our Dues, and lial.iifi Duliis, payabli by V'trtne of this Aii, by, or front tbt Mufttr of tvtry ULip or Vtjftl, or the Petfon baving Cbargt of the fame. For every hritifl} Ship or Vcflcl, not belonging to the InhahitantJ of the faid Borough and Town, which fliall lade or unlade in the faid Harbour, is. For every fuch Ship or Veflel, which (hill fail into the faid Harbour, and neither lade njr unlade there, \s. t>d, and fo in Proprtion for Farts of Ships or VcfTcit^ not belonging to fuch Inhabitants. For every Ship or Velfcl belonging to Inhabitants of the (iiiJ Horough and Tdwn, which fliAlI lade or unlade in the faid Harbour. \s. and fo i.i Proportion for Parts of Ships or VcHcls belonging to fuch Inhabitants. For every foreign Ship or Veffel which (hall fail into the Harbour, and neither lade nor unlade there, jx. For every fuch Ship or VcfTel which (hall lade or unlade there, \d. per Ton, according to their light Bills. For every Ton of Stone taken out of one Ve(rel Into another in the Harbour, \d. tq. For every Ton of Ballaft taken into any Sliip from the Quay, 6r otherwlfe, b tt G„. ii. ihe Harbour, it. •*• S"- For every Ton of Ballaft put out of any Ships On the Quay, 4//. For every Ton cf Ballaft put out of one Ship into another in the Harbour, 2d. r'or every Ton of Ballaft taken on board any foreign Ship or Vc(rel, either from the Quay, or in the Harbour, is. For every Ton of Ballaft put out of fuch Ship or VcfTcl, idi R A M 8 G A T E oW S A N D W I C H. The Preamble fets forth, that frequent Lofles of the Lives and Properties of »« c«. II. his Maje(hr's Subjedls happen in the Downs, for Want of a Harboui' between the *"■ "'* North and South Forelands, the greateft Part of the Ships employed in the Trade of this Nation being under a Nece(rity, at going oat upon, as well as returning from their Voyage, to pafs through the Downs i and frequently, by contrary Winds, being detained there a long Time, during which they, efpecially the outward-bound Ships, are expofed to violent Storms and dangerous Gales of Wind, without having any futficient Harbour to lie in or retreat into, or from whence they can receive any A(riftance t and as a Harbour may be made at the Town of Ram/gate, convenient for the Reception of Ships, of and under 300 Tons Burden, and from whence larger Ships in Diftrefs m the Downs may be (upplied with Pilots, Anchors, Cables, and other A(riftance and Neceflaries ; P- 800. and, by the fmaller Ships taking Shelter in this Harbour, the larger Ships may talce the Anchorage, which, at prefcnt, is occupied by the fmaller, and by that Means their Anchors will be fixed 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 enaifed. That the Lord Warden of the Cirque P. 801. Ports, and his Deputy for the Time being, the Right Hon. Robert Lord Romney, Andrew Stone, Efq. the Hon. James Pelham, Efq. CSc. (hall be Truftees for the enlarging, building, and maintaining the Harbour at Ramf- gate, by erefting Piers or fuch other Works, and doing all other Matters, as five, or more of them, at their general Meeting, (hall think moft proper for putting in Execution the Powers of this Adl. The firft Meeting of the Truftees (lull be on the firft Tuefday in "July, 1742, p. go,. in the Guildhall oi the City of London j and five or iriore of them (hall meet, from Time to Time, at fuch Places as they (hall judge moft convenient for car- rying on and e(Feding the Purpofi^s of this A&. Fifteen or more of the Truftees at a pubUck Meeting, fourteen Days' Notice whereof (hall be given in the London Gazette, (hall fettle the feveral Rates and Duties herein-after mentioned, which (hall commence from arid after the loth of Jui^ next enfuing, viz. Any Rate or Duty not exceeding td. per Ton, to be paid by evcty Britilh qf foreign Ship, VtiTel or Grayer of ao Tons Burden or upwards 204 or 11 R I T 1 S M POR T S, &c. upwards, and not exceeding 300 Tons, for every lading or difcharging, or Ship in Ballaft within this Realm, from, to, or by Ramfgate, or cotning into the Harbour there, not having a Receipt tcftifj in;^ the Payment thereof before on that Voyage, towards the building and niii:it lining of Ramfgate Harbour: And, on every Ship above 300 Tons, any Rate not exceeding id. for each Ton of the Burden of I'uch Ship, except Ships laden with Coals, Orindftones« Purbi'ck, Portland, or other Stones i And on every Chaldron of Coals, or Ton of Giindftones, Purbeck, Portland, or other Stones, a Rate not exceeding 3 any Infants, FcmeS Covert, or Ccftiqiie-Truils, and all Pcrfons feized, pofleffed of, or interefted in any Lands, Tenements, or Htreditaments* which fhall he judged neceflary for the Purpofes aforefaid, are impowered tc* agree with the Truftees, or five or miTC of thcnij at any of their publick Meet- ings appointed for the Sale thereof, and to fell and convey the fame ; and all Contracts and Conveyances, which fliall be fo made for the Purpofes aforefaid, fliall be valid to all Intents and Purpofes. And z\l Feoffees in Truft, Executors, Gfc. are Indemnified for what they fliall do by Virtue of this A&. -, and, if i' fhall 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 twcnty*four Perfons qualified to be returned for Trials of Iffue, joined in any of the Courts at iVcJlminJier, to appear before them at the Time and Place appointed, and alfo P. «o». to return Iftues upon every fuch Perfons, the Sum of 40X. which fliall be duly eftreated and levied j and, for Default of a fufficient Number of Jurymen appearing, the Sheriff, or his Deputy, fliall return twelve indifferent Men of the Standers-by, or that can be fpcedily procured, to make up the Jury, who fhall view the Lands and Tenements in Q^eftion, and fliall, upon tlieir Oaths, which Oaths, and alfo proper Oaths to fuch Perfons as fliall be examined as Witncfles, five or more of the Truftees, fliall adminifter, enquire into the Value thereof, and aflcfs fuch Damages and Recompencc for the fame as they fliall think fit ; and the Truftees fliall give Judgement for the Sums to be affeffed by fuch Jury ; which Verdidt, and the Determination thereupon pronounced by five or more Truftees, and the Recompence afleffed, twenty Days Notice at Icaft in Writing of the Time and Place for their Meeting being firft given to every Perfon concerned, or left at his or her Dwelling-Houfe, or ufual Place of Abode, or with fomc Tenant or Occupier of fome Land or Tenements of P. 809. the Party near the Harbour of Ramfgate, in Cafe fuch Party cannot be found to be ferved With fuch Notice, fliall be binding to all Intents and Purpofes, again ft all Parties whatfoever j and the faid Decrees fliall be fet down in Writing under the Hands and Seals of the Truftees, who fliall make the fame j and kept amongft the Records of the Seflions for the County of Kent, and the fame, or Copies thereof, fliall be admitted as Evidence in all Courts of Law or Equity : And, upon Payment or Tender of fuch Sum to the Parties, at His or their Dwelling- Houic, or, if they have none, at the Houfe of fome Tenant or Occupier of fome Lands of the Party, near the faid Harbour of Ramfgate^ and, in Cafe of their Refufal, upon Payment of thc»faid Sum into the Hands of fuch Perfon as fiv6 Truftees Ihall appoint, for the Ufc of the Parties interefted j it fliall then, and not before, be lawful for the Truftees, or their Workmen, to make Ufe of the faid Lands as they fliall think requifite for the Purpofes of this Aft, and they are indemnified againft the faid Owners and Occupiers, Off. If the Truftees fliall build any Works relating to th« faid Harbour, upon any p. g,,. Lands or Tenements, the Property whereof is not, at or before fuch Time, claimed or afcertained j and, if any Perfon fliall afterwards claim the fame, and prove his Title thereto, then the Value thereof, before the Works were ere. eii. mMki Ai k I I i p. 813. 206 O F B R I T I S H P O R T S, &c. of 8/. lOJ. per yfnnum for every 100/. and to be payable at the Bank of Eng/anJ, or at fuch other Place in London, as fifteen or more of the Truftees fliall direft, to the Purchafers, their Executors, Adminiftrators, or Afligns, at fuch Times ' and in fuch Proportions, as fhall be agreed upon. 1 !ie Rates ftiall not be liable to the Payment of the Intereft of any greater Sum than 50,000/. at any one Time, upon Annuities for Lives. One or more Books fliall be provided and kept by the Truftees, in which fliall be entered the Names and Places of Abode of the Purchafers of any of the faiJ Annuities, and of all Perfons by whofc Hands tlicy lliall pay in any Sum upon this Ai\, and alfo of the Perfons for whofc Lives the Annuities fli.ill be pur- chafed, and the Purchafe-Money, and Days of Payment ; to which Books the refpedtive Purchafers, and Perfons impowered by them, fliall have Rccourfe, at all fcafonable Times, gratis ; and if any Doubt arifes, as to the Life of any Perfon, on which an Annuity fliall be payable, five or more Truftees may depute any Perfon, before each Payment, to vifit fuch Annuitant j and, if fuch Perfon fliall be refufed Admittance to the faid Annuitant, at any feafonable Time, the Annuity fliall from fuch Time ceafe, till the Life af the faid An- nuitant be proved to five or more Truftees at tlieir publick Meeting, cither by his or her perlbnal Appearance, or by the Oaths of two credible Witneffes i when the faid Annuity, together with the Arrears, fliall be paid. The faid Annuities fliall be paid out of the Monies arifing by the Duties of this Ait } and the Contributors, their Executors, and Afligns, fliall enjoy tlie Annuities, during the natural Lives of the Pcrlbns nominated by them, and fliall haveabfolute and indefeazable Eftates therein; and the fame fluill be free from all Taxes. The Contributors, or their Afligns, upon Payment of the Confideration- Money, or any Part thereof, unto fifteen Truftees, or to fuch Perfon as they fliall appoint, fliall have Receipts for the fame; and, upon Payment of the Purchafe-Money, fliall have an Order in Parchment for Payment of the Annuity, during the natural Life of the Perfon nominated, in which fliall be inferted, how much the Sum paid by fuch Contributor, together with the other Sums paid in on Annuities before that Time, do amount to, that it may be known how nearly the faid Sum of 70,000/. is complete, and when it fliall be completed ; which Order fliall be made by five or more Truftees at a publick Meeting, and, after figning thereof, fliall be good in Law. The Annuitants, or their Afligns, may, from Time to Time, aflign over the faid Annuities, or any Part thereof ; and an Entry thereof ihall be made ^r/r/w, in a Book to be kept by fuch Perfon as five or more of the T uAces fliall appoint . for that Purpofe, at the Charge of the Truftees, in fuch Place within London as fifteen or more Truftees fliall appoint. P. 314. The Rates fliall be chargeable with the Payment of the Annuities ; and, upon Default of Payment thereof, within forty Days after the limes they fliall be made payable, they fliall Veft in the Annuitants until the fame be paid, witb Intereft, and the Charges occafioned tliereby; and they fliall have the fame Power, £s?f . of coUe^ing and levying the faid Duties as the Truftees were invefted with. The Money arifing by Sale of the Annuities fliall be applied in the firft Place, . in paying oft* Monies borrowed at Intereft, as aforefa-d ; and afterwards for dii- cliai'ging the Expcnces of enlarging and building the faid Harbour. The Truftees fliall meet once jn every Year, fourteen Days Notice whereof fliall be given in the London Gazette ; and they, or fifteen or more of them, at ... fuch Meeting, fliall examine what Annuities have determined during the pre- -^ ding Year, and Ihall alcctain the Rates ntcefliiry to be raifed for the fuc- cceding Year ; and the fame fliall be levied accoiditig to the Proportions before mentioned, and fliall be advertifed in the London Gazette; but, if they fliall' continue the Rates of the fucceeding Year or Years, according to the Proportion I'. 8r5. of the former Year, or Ihall neglc^ or refufc to meet for the Purpofes aforefaid, then the Rates fliiU be levied according to the Proportion directed by the laft Advcrtifement in the London Gazette for that Pwpole, which fliall be tlie Rujle «.- . to OF BRITISH PORTS» tec. 207 to go by, until the faid Rates ftiall be again afcertained and publi/hed according to the Diredtions of this Adt. As foon as the Sum of 70,oooA fhall be raifed and paid to the Truftees, by granting Annuities, and tne Intereft of the feveral Annuitants fliall ceafe by their Deaths, the Duties granted by this Aft fliall abfolutely ceafe and deter- mine J and if, after the Determination of the Annuities, and finifhing the faid • Harbour, any Surplus ftiall remain in the Hands of the TrUftees, the fame fliall be paid into the Chamber of London, and an Account thereof be laid before the •- Parliament at their then next Sitting. Fifteen or more of the Truftees may appoint CoUeftOrs, a Surveyor, Trea- *' ^"' W. furer, &c. of tlie Duties, and appoint them Salaries, and difplace them at ' ' ' Pleafure. They are to take Security for fuch Officers, and meet once yearly to examine andaudit their Accounts. The Accounts fo flatcd and figned by the Truftees fliall be laid, within three p, gi;. Months after, before the Mayor and Court of Aldermen in London, and fuch four as the Court fliall appoint, not being Truftees, may fummon, and examine upon Oath, every Perfon they fliall thii^k (it; aiid, finding any one guilty of Embezzlement or Mifapplication of the faid Monev, they fliall liApofe on him any Fine, not exceeding double the Sum embezzled. The faid Fines fliall be levied by Diftrefs, &c. and in Default of fuch Diftrefs, the Offender fliall be committed to the common Gaol of the County, where he Ihall live, until Payment, &c. If the Truftees 'fliall ereA a Bafon in the faid Harbour, every Veflel before flie goes mto the Gates, fliali take down her Sails, fo that flie may not go failing in; upon Pain of forfeiting 10/. If the Bafon fliall be fo filled with Shipping, as not to adniit, with Safety, P. 819. more Veflels, five or more Truftees, or fuch Perfon as they fliall appoint, may remove into the Harbour fuch Ship or Veflel, as he or they fliall think proper, the Mafter, within twenty-four Hours after Notice in Writing given to him, or left on board his Ship for that Purpofe^' neglefting to remove the fame within - • a convenient Time; thofe Veflels to be firft removed out of the Bafon, as fliall be laid up or moored, or are not upon an outward or homeward-bound Voyage 1 next, fuch as are, upon an outward or homeward-bound Voyage, but which may with the Icaft Danger be removed, and lie in the faid Harbour j that Ships coming in, and lefs capable of taking the Ground, may have the Benefit of the Bafon i and the f-td Mafter fliall pay the Charges of removing fuch Veflel, to be levied and applied as the Fines and Penalties are direfted by this A^^H ny of the faid !^^B wn Expenccs, .^^^^H greed upon by m pping, which any Pretence , ^'^«^^| of any Duty, ^ivfl^BI es or Duties, Sandioich, in ' i'^^^fl [ upon Octh, t the Inh&bi- ciTel; and all ty. •eiver Ihall pay Hands of the 1 authorize to ■ ■:<'^- September 29, --^i^^Bi iiade upon the ?-''3m^H firft Place, in '^'^imB h, on Account '^*^H^^I thereto { and 'l^^^l J, or in cxcSt' ' -' ''^^^^H rpofe, as the -,7'^^^H ireft ; and, if '^^^H 1 become due, er or Receiver, siliBBI full Cofts of ' ^ '^'^lltHls as they fhall : ,,,^.N r or Receiver '^^8 je kept of the Is ■ Proceedings, y^S ks all Perfons I^B Veffcls (hall mm F B R T T 1 S H P O R T S, &c. the Duties aforefeJd, the Mafters or Owners producing a Certificate, verified upon Oath before the refpeftive Mayors of the iaid Places, that the faid Veflflls belong thereto, and that the Inhabitants are Owners of the greateft Part of fuch Ships. This A«a fliall be deemed a publick Aft, (Sc. BECK, and HULL. -5 ,!jLf , '.\ hilt and Duties Were laid on divers Goods and , 1727, (hould be laden or unladen on or Boat, or other Veflel, in any Part of the faid Beck, or at any or other Places along the faid Beck, or River HuH, and payable 20() BEVERLEY .ba[.x)il.: By 13 Geo. I. feveral fmall Tolls Merchandizes, which, after May from any Ship, publick Staiths 18 Gtt, II. P. 411. to the Mayor, Aldermen, or to the Pcrfon by the mentioned ; and, fince pafling the .nd capital BurgelTes of Beverley, and their SuccefiTors, appointed, to bd applied for the Purpofcs in the Aft i'.4'»' faid Aft, a confiderable Sum hath been bor- rowed on the Tolls thereby granted } which, though applied with the Income of the Tolls and Duties, according to the Direftions of me Aft, is infufflcient to anfwer the Intention ; and the Beck is now in great Danger of being choaked, by the Sludge and Soil brought by the Tide, and Earth falling in from the Banks, whitfh muft be repired ^.id fupported by Piles and other Works ; and, a;; the cleanfing, deepening, and /r^ru/wf the faid Creek, and amencUng and maintaiaing the fiai^ks, Staiths, Roads, and Ways, will require more Money than car: be raifed by the prefent Duties, which are in many Rel^jefts unequal, and not tluly proportioned to the Value of Goods ; therefore, for better enabling the Ma /or, SSc. of Beverley, to perform the Things before-mentiot:ed. It « enaSied, that, after May 1, 174c, there fhall be paid for the Purpofes aforefaid, by every Mafttf dr other Perfon, having Management of any Ship, or other Veflel, paffing up r, • down the faid Beck, r River /fo//, to lade or unlade Goods, at any Part of j P-4'3' Beck, or publick Staiths, or at Gravel, or Beck-End, or between Figgam Ckno and Swmmore Clow on the River Hull, or at any Places along the- faid Brck or River, within the Limits of Beverley, before unlading, or having laden, before ilhef go out of the Liberties aforefaid, over and above the Tolls payable l^ the fomnerAft, theie additional Duties, viz. For evei-y Chaldron of Coals, ^/wr/ig^fr Meafure, 2afure or mark the Portage, ^c. the Mafter or Perfon fo offending fliall forfeit 20s. &c. Nothing in this Aft fliall take away or lefTen Duties, which, before making this and the former Aft, were payable to the Mayor, &c. of Beverley at the River Hull, or Beverley Bed- , or othervvifc ; but the fame ihall continue to be paid on all Sorts of Goods and Merchandizes as before. The Remainder of this Aft is concerning tlie Roads, and clcanfing the Streets, which, having no Relation to the Subjeft I am treating of, is omitted, &c. KIRKCALDY. The Town of Kirkcaldy is faid to be well fituated for carrying on a foreign Trade, having Coal and Salt Works near adjoining, and that an improved Trade would be very beneficial both for the Town and Country ; but thefe Advan- tages cannot be had, unlefs the Harbour, which is very ruinous, be repaired and made commodious, which will require a larger Sum than the Revenue of the Town will anfwer, // is therefore enabled, that, after "June i , 1 742, for the Term of twenty-five Years, and to the End of tiie then next Seflion of Par- liatnent. OF BRITISH PORTS, &c. 2it liiiraent, a Duty (hall be paid of two Pennies Scots, or one fixth Part of a Penny Sterling, bcfides the Duty paid to his Majefty, on every Scots Pint of Beer or Ale, either brewed, brought in, tapped, or fold in the Town or Liberties of Kirkcaldy -, the DUty to be paid by the Brewers for Sale, or the Sellers of xYz faid Liquors, to the Magiftratcs and Town Council, or fuch Receivers as they ftall appoint. The Provoft, Bailiffs, and Council, are appointed Truftces to repair and '5 keep in Repair the faid Harbour, and other publick Works, as they fliall think proper, and to colledl, receive, and difpofe of thr Money arifing by the Duty, appoint proper Officers, to gauge the Veffels and Worts, whicn the Brewers (hall permit in the fame Manner as the Officers of Excife are permitted. The Truftees are impowered to make Orders and give Diredtions for gauging, collecting, and difpofing of the Money arifing by the Duty as they Ihall think moft proper for the Purpofcs hereby granted, and to appoint Collcdors, who ftiall difpofe of the colledted Money, as the Majority of the Truftees (hall diredt, for repairing and maintaining the Harbour and other publick Works. Proper Books ftiall be kept by Order of the Truftees, wherein the Particulars ''• of all difburfemenis ftiall be entered ; and once every Year, the iirft being thirty Days after the faid firft Day of June, 1742, and fo fucceffively every Year, the Accounts fliall be fairly drawn out and ftated by the Colleftors, and delivered to the Majority of the Truftees on Oath, which Oath any one of the Truftees has Power to adminifter; And for the more fpeedily effcdling the Purpofes of this Aft, the Majority of Truftees, by an Aft of the Town-Council, may borrow Money, and aftign over the Duty as a Security to the Lenders, at common Intereft. Perfons not paying the Duty when demanded, may be fummoned before any of the Magiftrates i and, ifthqrdo not then appear, or pay the Duty* any one of thf- Magiftrates may make an Order for the Payment j and^ if they refufe to fay three Days after Notice of fuch Order, the Colleftors may have 3 Warrant todiftrainj and if Payment be not made ten Days after the Diftrefs they may P- fell the fame, and deduft for reafonable Charge, not exceeding a fifth Part of the Sum diftrained for, rendering the Overplus to the Owner, if any be, and Remanded. Any Ale or Beer brought in, or fold in the faid Town and Privileges, having not paid the Duty, fliall be forfeited, with the Cafli for the Ufe of the Town. If any Difputc arife between the Sellers and Colleftors, the Differences fliall be decided by the Vouchers taken by the Excife Officers -, and the Excife Officers »re required to give authentick Copies of the faid Vouchers once in fix Weeks to fome of the Truftees or their Colleftors, for that Purpofe. If any conceal or embezzle any Wort, Ale, or Beer, to avoid paying the Duty, ^' tlie Parties convicted before any two of the Magiftrates fliall forfeit the Value of what fliall be concealed, and ten Pounds Scots for the Court Charges, for which Diftrefs may be made. .r 1 he Majority pf Truftees, with Confent of the OverfeerS after-named, may f;rm out the Duty for the beft Price they can get, and apply the Money as this Aftdirefts. Tlie Right Hon. John, Earl of Rothes, the Right Hon. James, Earl oi Morton t tlie Right Hon. James, Earl of Murray, &c. or any three, are appointed Over- fcers of the Duty, and Receipts and Dift)urfements thereof, and fliall meet on ►.he firft tVednejUay in Augujt, J743 at Kirkcaldy, and fo fucceffively, on the firft IVcdutfJay in Jugvjt yearly, and adjourn as they Ihall think proper, to examine the Dilburfemeins, and the Application thereof: And, if the major Part of c«. n. 121. or retulc to aft, any tiiree ot the remaining Overfeers may chufe others in their No Diftrefs token by Authority of this Aft, fliall any Ways affeft the King's Duty of Excife ; nor (lull any Perfons be charged with any Quantity of Wort, if It flwll appear that the Duty hereby made payable has been once paid. This itt. ijj. "♦• ij;. '. -X m n . 1 ffi ffS OF BRITISH PORTS, &<;. j; 1^^- "• This AA Hull be deemed i publick ASt, and fhaU be judicially taken Notice of. Off. ANSTRUTHER-E ASTER. Mill t .:ir ; .f!i I '■! • :■ II ^^'Wii!i||ff 12 C/«. II. P. JOO. p. 301. p. 302. p. 303, p. ;04. In the Preamble it is faid, that a great Trade has been carried on in the Town of Anjirutbtr-Eajier, in the County of Fife, in Scotland, particularly of Fifliery, and that a Cuftom-houfe has been eredteU there for many Years, on Account of the Commerce of the faid Town, and that the Harbour tliereof is very fafe and convenient for Ships, and eileemed the mod commodious in that Part of the Country ; and, it having been judged neceflary, for the Improvement and Prefervation of the fiiid Harbour, as alto for facilitating the failing of Ships in and out with more Safety, that a crofs Pier fhould be eredted, which waff accordingly begun, and fome Progrels made therein ; but, as the completing the fame will require a brger Sum than the Revenue of the Town will anfwer. It is therefore enaSled, that after Auguji i, 1749, for the Term of twenty-five Years, and to the End of the then next Seflion of Parliament, a Duty of two Pennies Scots, or one fixth Part of a Penny Sterling, bcfides the Du^ payable to his Majefty, (hould be laid on every Scott Pint of Ale or Beer either brewed, brought in, tapped, or fold in the Town or Liberties of Anjirutber-Eajltr j the Duty to be paid by the Brewers for Sale, or the Sellers of the faid Liquors, to the Magiftrates and Town-Council, or fuch Colledlors or Receivcks as they (hall appoint : And the faid Magiftrates and Town Council, and their Succeflbrs in OfHce for the Time being, are appointed Truftees to clean, deepen, rebuild, repair, and improve the &d Harbour and Piers, and for executing all other Powers given by this AA ; and the Money raifed by the {aid Duty (hall be vefted in the Truftees, and be applieu to the feveral Purpoles afore(aid, the Charges expended in palling this Adt being (irft deducted. The Truftees are to appoint proper OtHcers to gauge the Brewers' Yeflels and Worts, which the Brewers (hall permit in the fame Manner as the Ofikers of Excife are permitted. The Truftees are impowered to make Orders, and give DiredHons for gaug« ing the VelTcls, and collcdting and difpofing of the Money arifmg by the Duty, as they (hall think moft proper for the Purpofes hereby granted ; and (hall be paid to the Collectors appointed, who (hall difpofe of the coUeded Money as the Majority of Truftees (liall diredl, for the Purpofes aforefaid, and to no other Ufe. Proper Books (hall be kept, by Order of the Truftees, wherein an Account of all Receipts and Diiburtemcnts (liall be entered ; and aifo for what Ufe the Pay- ments were made ; and once every Year, viz. within thirw Days after the (aid (irft Day of Auguji, 1749, and (b fuceflively every Year, the Accounts (hall be fairly drawn out, and ftatcd by the Colledtors, and delivered to the Majority of Truftees on Oath j which Oath any one of the Truftees is to adminifter. And for the more fpeedily effedling t! e Purpofes of this Adt, the Majority of Truftees, by an Adt of the Town-Council, may borrow Money, and ailign over the Duty as a Security to the Lenders, at legal, or lefs Intereft, the Charges thereof to be paid out of the Duty ; and the Money fo borrowed (hall be applied in the (irft Place, to pay off the Charges of obtaining this Adt, and then for the Purpofes aforefaid. Perfons not paying the Duty when demanded, may be fummoned before any of the Magiftrates ; and if they do not then appear or pay the Duty, any one of the Magiftrates may make an Order for the Payment j and, if they refufe to pay, three Days after Notice of fuch Order, the Colledtors by Warrant, may diftrain, &c. Any Ale or Beer brought in, or fold in the faid Town and Privileges, having not (irft paid the Duty, (ball be forfeited, with the Calk, for the Ufe of the Harbour, If any Difpute arife between the Sellers and Colledlors, touching the Quan- tity of Wort or Beer chargeable, the Difference (hall be decided by die Vouchers taken by the Excife Officers, Gff . ■;- • ■ 4 ..,■.•■-, If »i.ll taken Notice OF BRITISH POktS, &C. at3 If, ihtr Augujii, I749» any Pcrfon lliall conceal or embezzle any Wort, Ale, or Bcir, to aroid paying the Duty, the Offender (hall forfeit the Value of what is concealed, and ten Pounds Scots, for whiclj Diftrefs may be made. The Majority of the Truftees, with Confcnt of the Overfeers aftcr^ named, mny farm out the Duty by Way of publick Roup, for the beft Price they 'can get, and apply the Money as this Adt diredls . S\T John ytnjirut her of Anjirutbet , Baronet, John Anjlruthcr the Younger of"C,». H. Arfjtruthir, Elq. Sir rhilip Anjlruthcr of Balkajkie, Baronet, tSc. or any three, " ~'^'^' arc appointed Overfeers of the Duty, Gfr. and ftiall meet on the firft WeJnefJay in Augujl, 1750, aX. Anjlrutber-Eajier, and fo fucceflively on the firft Wednefday in Augujl yearly, and adjourn as tney (hall think proper, to examine the Receipts and Diliburfements, and the Application thereof j and, if the major Part of the faid Overfeers prcfent Hiall find any Mifapplication of the Money, or other Abufe of the Powers granted by this Adt, they may examine the Party and WitnefTes, and make fuch an Order upon Convidlion as they fhall judge reafonable, and adjudge the Offenders to pay the Value of what is embezzled, with Cofts, &c. No Diflrefs, taken by Authority of this Adt, ftiall any Ways afFcdl the King's Duty of Excife. This Adt ihall be deemed a publick Adt, and ftiall 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 Kmghorn, in »' ^"- ^f- the County of Fife, has not only been of great Advantage to the faid Town, but ' ''*' to the Whole of that Part of the united Kingdom of Great-Britain, and thole Advantages cannot be continued and eftablifhed unlefs the Harbour, which has been for fome Years laft paft, and now is, in a ruinous Condition, be effedtually repaired, and made commodious for Shipping, and all fuch Perfons as fhall make Ufe thereof J and as the whole Revenue of the Town, applicable towards the repairing of the faid Harbour, is not near fufficient to keep the fame in good Repair, // is therefore ena3ed, that zStzr June i, 1749, a Duty of two Pennies Scots^ or one fixth Part of a Penny Sterling, befides the Duty of Excife payable to his Majefty, ftiould be laid on every Scots Pint of Ale and Beer, either brewed, brought in, tapped, or fold in the Town or Liberties of Kingborn, &c. The Provoft, Bailiffs, and Council of the Town oi Kingborn, &c. are appointed P- 35 '• Truftees for the re-building or amending, and keepmg the faid Harbour in Re- pair, and for colledling and difpofing of the Money ariling by the faid Duty 1 and the Majority of them are impowered to appoint Officers to gauge the Brewers' Vcffcls, Worts, Ale, and Beer, v^hich the Brewers ftiall permit to be done in the fame Manner as the Officers of Excife are permitted. The Truftees, or a Majority of them, are impowered to make Orders, and give P. jsj* Dircdtions for gauging the Veffels, and colleding and difpofing of the Money arifing by the Duty, as they ftiall think moft proper for the Purpofes hereby granted -, and the fame ftiall be paid to the CoUedtors appointed, who ftiall (jifpofe of the colledted Money as the Majority of Truftees ftiall diredl, towards ttic Re- building or Repairing the Harbour, and for preferving the fame, and other pub* lick Works of the Town, the Charges of pafling this Adt being firft dedudted, and to no other Ufe. Proper Books ftiall be kept bv Order of the Truftees, wherein an Account of P.3J4. all Receipts and Difl)urfemente fhall be c^tered, Off. and once every Year, viz^ within thirty Days after the ift Dayof >w, 1749, and fo fucceflively every Year, the Accounts ftiall be fairly drawn out and flated, G?c. And for the more fpeedily effedting the Purpofes of this Adt, the Majority of Truftees, by an Adt of the Town Council, may borrow Money, and aflign over the Duty as a Security to the Lenders, at legal or lefs Intercft, the Charges thereof to be paid out of tlie Duty , and the Money fo borrowed fiiall be ap- plied, as the Duty arifing by this Adt, for the Purpofes aforefaid. Perfons not paying the Duty when demanded, may be fummoned before any? ,5- ol the Magiftratcs, who may diftrain for it, and fell the Diftreii, &c. ' I > i Any jiliiirol (> Gft. 13 Gre. y- na- il. 21+ OF BRITISH PORTS, &c. Any Ale or Beer biou^lu in, or fold in the faid Town, &r. having not liid paid the Duty, ihall be lorleitcd, &i: If any Difputc arifc between the Collcdlors and Sellers, S^c. it (hall be decided by the V'oiwhcrs taken by the lixciie OfTicers, &i:. 11. If, after the ift of 7/'«t', 1749, any Pcrfon (hall conceal or embtvzlc any Wort, &c. the Offender, on ConvidUon, /hall forfeit the \'alae, and ten Pounds Scots, 6cc. ,', The Majority of Truftccs may farm out the Duty by Way of publick Rr>.ip, for the beft Price they can get, and apply the Money as this Adt direds. yo/71 Sti/nt Clair of Saint Clair, tnc Honourable Lieutenant-General yama Saint Clair of Lmertid, Robert Fergujbn of Reath, &,c. Efqrs. or any three, arc appointed Overfecrs of the Duty, Gff. and lujii meet on the firll V/cdmJtlay in /luguji, 1750, at Kingbora, and fo fucccllivcly on the ia^ IVdinefday '\w Augujl yearly, to examine the Receipts, ^c. P.J57. No Diftrcfs, taken by Authority of this Adl, lliall any Ways affcd the King's Duty of Excile, ^c. P.JS«- This Aft fliall take Place, and be in Force from and after the iftof ^w^c, 1749, for thirty-one Years, and from thence to the End of the then next Scflioii of Parliament. This Aft (liall be deemed a publick Aft, t3c. N. B. y/j this lajl wkl is, in many Particulars, verbatim the fame ivilh the t-wo preceding ones, I have abbreviated it •wherever the Senfe of it would admit -, not to trouble the Reader ivith nnnece/Jdry Repetitions, ejpi. daily where there are t09 'nany unavoidable ones already. COLCHESTER to W I V E N H O E. By an Aft of 9 and to If^ill. and Mary, intitlcd, An A^ for clanfvig ami making navigable the Channel from the Hithc at Colchefter to Wivenhoc, fcveral Du.ics were granted on Goods and Merchandizes, which fliould be brought in and to the faid Channel, and landed or (hipped from Wivenhne, or the Ne^^o Hithe in Cokhejler, or between either of the faid Places, for tiic Term of twenty-one Years, for the Ufes and Purpofes mentioned in the (aid Aft ; and fcvcrxl Powers P. 380. were vcfted in tlie Mayor, Aldermen, A/Tiftants, and Common Council oiColcheJler only, for appointing Colleftors, (ifr. to receive the Duties ; wliich Aft, and all the Powers and Authorities thereby given, and one Moitry of the Duties, except upon Corn and Grain, were by an Aft of 5 Geo. I. continued until the i ft of Mizy, 1740 J and further Power was thereby given, to the Maycir and Commonalty only, for recovering the faid Duties; and by one other Aft of 13 Geo. II. intitlcd, Jht A£l for enlarging the Term granted by an Ail pa fed the 9 and 10 U'iH. III. for cleanfing and making navigable the Channel from the Hithe at CJcheJler to IVivenhoe, andyir making the faid A5ls and another A6i of 5 Geo. I. for enlarging the Term, &c. more effectual ; it is cnafted, that the faid two former Afts, together with the additional Powers granted by the Aft of 13 Geo. II. (hould be in Force from the ift oi May, 1740, for ever; and that tl^e Duty on Sea Coal fliould, iiftcr the faid i ft of May, be ^d. 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 Aft, (liould be raifed upon any other Goods or Merchandizes whatfoever ; and the faid Mayor and Commonalty of Colch-Jler only were, by the laft-mentioned Aft, vefted with further Power for fuing for the V. 3S1. Duties and the Arrears under the former Afts : And as a vcrj' large Loci:, which has been crefted feveral Years fince in the Channel, has been found of great Ufc and Service to the Navigation, and is now in a decaying Condition, and much out of Repair, and the Channel in fomc Parts is much choaked up, fo that the Navi- gation is greatly obftrufted, which has been occafioned principally by there being great Arrears of the Duties, granted by the recited Afts, for many Years due, and liill unpaid ; and alfo a large Sum of Money remaining in the Hands of the Repre-- fentatives of the late Receiver-General of the Duties, which ought to have be^n recovered and applied for repairing the faid Lock and cleanfing the Channel ; but as «; the Power of the May- r and Commonalty of Cokheftr had ccafed for many Years 6 • . laft 1 OF BRITISH PORTS, fire. 2'5 cSt the King's laft piiH, in whofc Nuinc only tlic laid Duties were to be recovered, ami Difchnr^s {;iv(n, tlic I'liii Diititi; ami Aricars cannot now be recovered and collcilol, for Want of Power to give Dilchargc: for the fame j and there being no other Tinid torailc Money for the I'urpofcs aforcfaid, the fame cannot now be done without further I'rovilioii he made for it, by Authority of Parliament j // is tkrcforc enaildl, that the feveral Parcels of Land (cvercd, and lying between th: prell-nt Channel, and the Place where the old Channel was, and alfo the prcdnt Cliaimel, Lock, and Lock-houfe, and all the Powers, Matters, and Things, which, by the three former Ads before-mentioned, were vrftcd in the Mayor, Aldermen, ©t . of Colchejkr, or the CommifTioncrs named for any of the Purpofes therein mentioned, and not hereby altered or varied, (hill, from tlie firft oi May, 1750, be in I-'orcc, and be verted in the Jufticcs of the Peace of the Eaft Divifion of the County of Ejfex, for the Time being, the Honourable m Ct-.U. Richiinl Savage Nafiu, Charles Gray, &c. who arc hereby conflitutcd Com- '*• J"' miirioncrb for putting the faid feveral former Adls, and this Adt, in Execution, and the Survivors of them, (sic. for the Term of thirty Years, and to the End tf the then next Selfion of Parliament, (Sc. From and after the iftof May, 1750 an additional Duty of 3^. a Chaldron P. 3«J.' fli.iU be paid on Sea coal, over and above the Duty of 3en in Relation ules in this Aft, fuch Perfon a And r- ra tm ' OF BRITISH PORTS, &c. at And, for the better Security of Ships, which may have Occafioii to put into 7 Anu. s. 25. the faid Harbour in bad Weather, all that Part of WhiUbavcn-Bay, lying on the North-Eaft of the faid intended Counter-Mole, fliall be always left with a free and open Beach to the full Sea; and no Walls, Wharfs, or Breafl:- Works, fliall, at any Tiitie, be made there, upon any Pretence whatfocver, in any fuch . * Depth of Water, as may endanger any Ship or Veflel to ftrike or run upon the fame, without the Confent and Approbation of fevcnteen of the Truftees for the • • Time being. Provided neverthelefs, that, as the Land fliall happen to gain on the Sea, on Sefl. j6, the North-Eaft: Side of the faid Counter-Mole, it fliall be lawful for fuch Perfons as fliall be Owners of fuch Lands to advance any Buildings or other Works, at their Will or Pleafure, fo as not to endanger the Striking of any Ship or Veflel thereon j any Tiling herein contained to the contrary thereof notwith- ftanding. And as the temporary Duties, granted by this Ad, cannot of a long Time Sefl. *?. nife fuch a Sum of Money as may be fufficient for the aforelaid extraordinary Works, vvhicli are to be done at the faid Harbour ; // is therefore further ena£red, that eleven or more of the faid Truftiees are hereby empowered by Deed or Deeds, indented under their Hands and Seals, to convey and aflllre all the faid Duties hereby granted, or any Part of. them, for all, or any Part of the faid Term of fourteen Years, as they Ihall judge requifite, to any Perfon or Perfons, who fliall be willing to lend or advance any Sum or Sums of Jdoney thereupon, at Interefl:, not exceeding the Rate of Six Pounds per Centum per Annum, which Aloney, fo lent or advanced, fliall be employed for and towards the Ufes of the faid Harbour, according to the true Intent and Meaning of this Ad:, &c. If any Adion, Suit, (Sc. fliall be commenced, Gfr. againft any Perfon, for ^'^'■'*' '*• any Thing that he fliall do in Purfuance of this Ad, &c. lie may plead the general Ifliie, &c. And this Ad fliall be taken, and allowed in all Courts as a publick Ad, &c. Continued /:y 10 Knnx for 14 Tears. The Preamble recites the Ads 7 and 10 Anne, and fliews their Deficiency; ,3 Gm. If, and then this Ad continues the faid two recited Ads for twenty -one years, to P-jn- commence after the loth Day of April, 1740, except io far as either of them p '''' are by this Ad enlarged, altered, or otherwife explained. p'314.' It is further enacted, that the Truft:ees appointed by the former, or this pre- fent Ad, have Power to Mortgage all or any Part of the Duties, fubjed to the forementioned Debt of 938/. 17J. "jd. ^q. to any Perfon who fliall advance Money thereon, to effed tlie neceflary Purpofes of this Ad, and fecure the Repayment of the Sums fo advanced, with Intereft for the fame: The Money direded to be borrowed by this Ad fliall be applied, in the firfl: P. 3 154 Place to difcharge the Sum of 938/. lys. yd. 3^. borrowed by Authority of former Ads, with the Intereft, and afterwards for making fuch nev/ Works as may be neceflary for improving the faid Harbour, and keeping the fame in good Repair. After the Ciid Sums are paid off, and the Harbour judged by the Juft'ces of the Quarter-Seflicns, to be in good Repair, the temporary Duties fliall cecife, and a Moiety only of the Duties on Tonnage of Velfels granted by the former Ads, fliall continue, to keep the Harbour in Repair for ever. This Ad fliall be deemed a publick Ad, i^c. The rejlof the preceding A6t is only relative to mending the Roads, and fetting up furnpikes in the Neighbourhood of Whitehaven ; and confequently, having no Affinity with the Maritime Affairs we are now treating of, its Infertion here would be fupfrffuous and unncccffary. GREENOCK. The Town of Greenock, in the County of Renfrew, being advantageoufly 14CM. Ii. fituated on the River Clyde, for carrying on both foreign and coalting Trade, the ''• 94/- Superior, with tlie Inhabitants thereof about the Year 1705, began to Lll raife 34 ^"- 11. p. 94+. i '! •11 taa OF BRITISH PORTS, &c, raife Money by a voli:ntary Subfcription, for building a Haibour there, and fome Progrefs hath been made therein, which, if completed, would be of great Advantage to the Town, and to the Trade and Navigation of thofe Parts ; but the Produce of the Subfcription has been found infutficient to p.nfwer that Purpofe, and to defray the Expencc of cleanfing the Ha'-bour, and of perform- ing other Works which are abfolutely ncceflUry to be done, to render the lame ufeful and commodious : And, as the Building of a new Church, Town-houfe, &c. are neceflary and much wanted, but the Inhabitants are not able to raife Money to anfwer the Expence thereof, nor to complete the Harbour, and keep all the faid Works in Repair, without the Aid of Parliament ; // is enaih^, that from and after June i, 1751, for the Term of thirty-one Vcirs, and to the End of the then next Seflion of Parliament, a Duty of two Pennies Scots, or one Sixth Part of a Penny Sterling, over and above the Duty of Excife pay- able to his Majefty, (hall be laid upon every Scots Pint of Ale or Beer, brewed, b-Qught in, tapped, or fold, within the Town of Greenock, and Baronies of Eajier and Wejier-Greenock, and Finnart, or the Liberties thereof i to be paid by the Brewers for Sale, or Venders thereof, to "John Alexander, Writer, and prcfent Bailiff, Robert Donald, Robart Roe, &c. Merchants, who arc appointed Truftees for cleanfing and repairing the faid Harbour and Piers, and for build- ing a new Church, S^c. and for putting in Execution all other the Powers of this Aft J ard the Money fo to be raifed flval! be veiled in them, and be applied to the feveral Ufes and Purpofcs atbrcfiid ; the Charges of obtaining this Adt being firft deducted. Tne Remainder of this Aft is the fame as the preceding ones of Kirkcaldy, Anjlrtither-Eajier, and Kinghorn, fc excufe to infert it ; and before 1 fliut up this Article of Ports and Havens, I fhall remark, that every Aft concerning them, makes any Ballaft, Stone, Rubbirti, or any Thing clfe hurtful, thrown into them, Penal, in Conformity with the general Aft of 19 Geo. II. before recited at Pages 1 46, i /j.7 of this Work. ; L E I T H H A R B O U R. ,. 27 C«. II. By this Aft, Power is given to the Magiftrates of Edinburgh to '■ontribute 2000/. and likewifc to receive Contributions from other Perfons, towards im- proving and enlarging this Harbour, and erefting Cor. leniencies for building, repairing, lading, unlading, and laying up of Ships and Veflcls, and for the building of Warehoufes.- Wharfs, and Keys ; but, as no Duty is laid on Shipping by this Aft, we fliall take no furtlier Notice of it. P. 945. 29 Cn. II. Seft. 5. POOLE. The Mayor, Bailiffs, Eurgefles, and Colleftors, ^c. may demand Payment of the feveral Duties appointed by this Aft, in Refpeft of CJoods, Csft-. imported into Poole Harbour, and alfo pf BallaA Duties and Boomage, from the Mailer of the VefTel wherein fuch Goods, ^c. fliall be imported, at the Time lie Ihall make his Entry, with the Officers of the Cuftonis, of the Cargo of fuch Vef- fel ; and may alfo demand Payment of the Duties on Goods, tslc. exported from, reladen at, or taken out of any other VeiTel in the faid Port or Harbour, in Order to be exported, from the Mailer at the Time he fliall clear out. On Non-Payment of the Duties, the Mayor, or any JuAice of the Peace, of the Town of Poole, may. by Warrant, diilrain or ftop fuch Veflel till tlic Duties are paid, with the Colls and Charges of fuch Dillrefs. The Mailer to deliver to the Colleftor of the Duties, in Writing, an Account of all Goods on board, fubjeft to thefe Duties, on Penalty of 10/. for every Offence. Salt and Rice, for which the Duty fliall have been paid on Importation, to be exempted. The Mailer to forfeit 40J. if he rcfufes or neglefts to llation liis Veflel in fuch Place as the Quay-Mailer Ihall afliga for taking in or throwing out Uallall, for lading or unlading his Veflel, All OF BRITISH PORTS, &c. 223 jr there, aiul would be of f thole Parts ; :o p.nrwer that d of perform- nder the lame Town-houle, ; able to raife )our, and keep // is enaiiea. Years, and to Pennies Scots, of Excife pay- Beer, brewed, id Baronies of of J to be paid •;•, Writer, and o arc appointed and for build- the Powers of and he applied lining this Adt s of KirkcalJy, ;fore I fliut up Adl concerning lurtful, thrown Geo. II. before h to '-ontribute ;, towards im- :s for building, and for the aid on Shipping mand Payment ;, (£c. imported rom the Mafter Time he fliall D of fuch Vef- exported from, or Harbour, in out. f the Peace, of till tlie Duties iig, an Account 10/. for every portation, to be s Vellel in fuch out B.dlaft, for All All Goods, landing on any Quay or Wharf, Ihall be removed in three Daj's 'O^'"- "• from the Landing, or the Owners forfeit i2 hour of Fook, the Sum of 3^/. per Ton. P ovided it fhall be lawful to import or export ^c. any Goods into or from the ^-'lannel, leading to Warr^am, to the Wcftward of the South Weft Buojr^ off the Bulwarks of Hamkey, and near the Entrance of tlie little Channel, lead- ing to Voole, free of the faid Duty : Neither (hall any Duty be paid by open Boats, Lighters, or Barges without Decks, f jr bringing Goods from Warehantt or any Part of the Channel to the Weft of the South- Weft Buoy, or any Part of the lile of Purbeck, within North-Haven Point to Poole, or from Poole to Wareham, or any Part of the Channel to the Weft of the faid South-Weft Buoy, or any Part of the Ifle of Purbeck, within North-Haven Point aforefaid ; but if the Goods /hall be imported in decked Veflels into or out of the little Channel within Poole Stakes, then the Duties to be paid. For Boomage the following Duties fhall be paid, except for Veflels employed < in fifhing or dredging. i* Every decked Vellel of 10 Tons Burthen, or under, fhall pay 6JK. '(• XIll. ' IT .. • .(;. ,! . , 1 . , To obey inftantly and without Reply to the Key-Mafter's Command, either to go out of th? Bafon, or to hawl their Ships or Veflels,ia-heid or a-ftern, or any other Thing whatfocver, under fix Guilders Fine ; and further, to indemnify the Mafters of any Ships that might fufFor Delay by his Refufal, whereon Credit fliall be given to the Key-Mafter. XIV. • _.,;;-;.,,;:' , . On fuch or the like Occafions the Kiy^M^fter ' is authorifed to take People* at the ExMnce of the Captains rpfufing, to hawl away and change their Births, to cut their Hawfers, and aft as he will judge proppr, without being refponiible for ai|y Damages. \ . _^ :.,,,;.;, Every Captain is obliged to hoift his Colours, on Siind^s and Holy-Days, Saints' D^y? iqnumerable, under three Guilders Fine : He muft alfo hoift his Coloiu-s at any Time the Key-Mafter advertifes him fo to do. ;■''., XVI. ■ ■ , ' Finally, every Ship or Veflcl arriving in the Harbour laden, or in her Btillaft, jyays three Stivers (Pence) per Laft for Lights, and one Stiver Key Dues j being together four Stivers per Laft. Bcfides a due Attention to the Regulations of Ports, Mafters of trading Veflels fhould be careful not to give Offence to the military Governors, or the Officers on Guard, in Garrifons. To avoid it, they ftiould inquire what military Orders are given out with refpeft to the Harbour, and oblige their Crews to obferva them. As they vaiy in different Places, it is impoffible to enumerate them ; but one Inftancc may ferve to explain this Hint, Firing a Mufquet, or even a Pocket- pift'-', on board a Ship or on Shore, without Leave obtained from the commanding Officer, or giving previous Notice of the Intention in firing it, is an Offence liable to Punifhment by Imprifonment. In the Month of November, 1765, a Boy on board an Eiiglijh Collier fired at a Bird flying a-crofs the Bafon j the Otficer on the Quay-Guard was alarmed, fent a File of Soldiers on board, and demanded the Boy : The Mafter concealed him, and, refuting to deliver him \if, was himfelf carried on Shore, and kept in Cuftody till the Matter was com- promifed by the Interccffion of the Britlfh Vice-Conful. But it may fo happen, that no fuch Proteftor is on the Spot, in which Cafe great Inconveniences may arifc f..m Ignorance of tlie eftabliihed Cuftoms in Sea-Ports which ai^ Garrifon- in - .•(■ M Towns. M m ra Keav/ ,. I,,. tt$ O F L r 6 H T - M o ir 5 E s. Heavy Forfeitures and i'enalties are likewilc often incurred by purchasing fpirituoufr Liquors and Wines, in retail Quantities, at improper Places, and of improper Perlons. At Oftend, and in othei' foreign Ports, Publicans are only allowed to fell Liquors to their Guefts in their own Houfes ; and if a Sailor carries a Bottle of Afc, Spirits, or Wine from aw Inn dr Ale-hoafe, he nwy be fined or imprifoAcd for defending the Cantein, an Otlice appointed by the Ma« giftrates for the Sale of fuch Liquors, in any Quantity under a Gallont annually tunned out to the bighcfl Biddtr. In a Word, no Care or Circumfpcftion can be too great on tlie Part of Mafters of trading Ships, to keep thcmfelves and their Crews free from all Molellation in the Ports to which their Cargoes are configncd. .upjs:;wi '•■r.'.i- .nsinujll;"! j.-TisU. Of Light- Houfgs, it >I ' .'ijtn Light- ■ luUICI. \\ - ■ ■ ', til AL I O H T-H O U S E is a Marine Term for a Tower, commonly advan- ' fageoully fitnated on an Eminence neiir the Sea-Coaft, or at the Entfjanc<; of fome Port or River, for the Guidance of Ships in dark Nights, by the Illumi- nation of a Fire or Candles burnt on the Top of thein. The firft we read of tvas called Pharos, from tfie Greek Word Phos, in Latin Lumen, Light, and Orao, Latin Videre, to fee ; and this was fo fuperb a Fabrick, as to be reckoned one of the Seven Wonders of the World, and to give a general Name to all fuc- ceflivc ones : It was built by Ptolemy Philadelphus, on a fmall Ifland at the Mouth 6f the hate, ne4f Alexandria in Egypt, and is faid to have coft that King 800 Talents. It is recorded to have aeen built fquare, upon fouf Pillars of Glafs refembMng Crabs, 300* Cubits high, on which a Fire was niihtly burnt to warn approaching Pilots ^f thofe dangerous Coafts, and by this Means AinSt them to fhun the Rilks they were expofed to : But though this was fo juftly celebrated both for its Ufe aud Magnificence, it Was equalled, if i^ot exceeded, in Fame by the renowned Culojfus of Rhodes, which fervcd for the fame Purpofc. This inant- ftiate Monfter was a brazen Statue of Apollo, fet up at the Entrance of that Ifland'ii Harbour, with its Feet refting on the two Shores j it was about forty-two Yards high, and its Stride fo great that the largefl Ships failed into the Port between its Legs : This gigantick Figure was dedicated to the Sun, and its prodigious Size may be afcertained by the Dimenfions of its little Finger, which it is (aid few Men were able to embrace. , It was the Work of Chares, a Difciple of the celebrated Sculptor Lyjippt, who was twelve Yfcars in pcrfcfting it, and it is reported to have coft about 44,000/. Sterling; though I Hiould imagine this to be very far fhort of its Value, as, when broken to Pieces, it loaded 900 Camels. It remained ercdt for the Space of 1 360 Years, and was then thrown down by an Earthquake, in which Proftration it continued for a long Time, till the Saracens became Mailers of the Ifle, and fold it to a Jew, who quickly dcftroyed this Mafter-Piece of Art, to accommodate his removing it by the Means of the aforementioned Animals, The Tower of Cordon on the River Bourdeaux, the Pharo of Mejina, the Laiuhorns at Genoa, Barcelona, &c. are refpedtively Icrviceable to the Snips ufing thole Parts j as our's on Scilly, the Eddyjlone, Cruets, Portland, Dungenefs Fore^ lands. Skerries, &c. befides the floating Light at the Nore, are to Navigation, in a more extenfive Manner. That on the Eddyjlone was begun by its iuMnious Projector, Mr. Henry Win- Jlanley, oi Littlebury in the County oi FJJ'ex, Gent, in the Year 1696, and, after great Labour aftd Expence, was finidied in fomething more than four Years, though a much Icfs Space of Time would have 'fufficed, had not the many Di^Hculties of Stormy Weather, Hardnefs of the Rock, Tides, and other Impe- diments he had to ftrugglc with, protradtcd the Work, and rendered the nrft Lodgement, or Foundation of the Building, very hazardous and troublefome ; however, a Perfon of Mr. IVtnJhnlty'$ entcrprizing Genius was not to be inti- niidiited by the Impediments that prcfcntcd to obftrudt the Profecution of his intciuied Fabrick i but he watched every Spurt of fair Weather, and Ebb of v.-^: ; .. , .- • ■■• - y the •psi ^ purchafing aces, and of ins are only d if a Sailor !, he mny be by the Ma- lon, annually '}} -f »I monly advan- thc Entr^nc^ by the Illumi- :ft we read of ', Light, and :o be reckoned me to all fuc- 1 at the Mouth that King 800 'illars of Glafs burnt to warn dirc£t them to jftly celebrated d, in Fame by This inani- of that Ifland's )rty-two Yards Port between its prodigious vhich it is (aid Difciple of the g it, and it is magine this to ;d 900 Camels, rown down by Time, till the ickly deftroycd Means of the IS O P L I G H T - M O O S E S. izf the Sea, as well to commence as to carry it on, and happily ran through his Toils by concluding it in the aforefaid Time, though the Light was put up on the 1 4fh of November, 1698, and it thenceforward was inhabited : It Aood till the 27th of November, 1703 ; when Mr. Winjianley, unfortunately being in it, found he had been building his Tomb, as that dreadful Storm laid the Rock once more bare* and buried both him and his Works in the Sea j a plain Proof of the Deficiency of human Contrivance, and of the Infccurity of the beft projefted Fabricks, when Providence interferes. Its Re-building was begun in "July, 1706, by 'John Rudyerd, Gent, a Light put up therein, and made ufeful, "July 28, 1708, and lini(hed completely in 1709J hnce which it hath withilood the Tenipcfts it is cxpofed to, nrm and fecurc. This Light-houfe bears from Plyntoutb, or the Entrance of the Sound, S. and by W. and from Ram-head S. and half a Point Eaftwardly, and is diftant from tlie Anchoring in the aforefaid Sound four Leagues, and from Rum-Point about three Leagues and a half, this being the nearcft Shore to the faid Houtl- ; And the Ifle oi Mayjlone bears from the Light-houfe about N. E. and is alfo four Leagues diftant South. All Ships, coming from the Eaft or Weft to Plymouth^ have much the fame Advantage of the Light : All the Rocks near this Houfe arc on the Eaftwardly Side, and ftretching North, bu.. moft Southerly, and all are covered at High-Water ; but on the Weft Side any Ship may fail clofc by the Houfe, there Deing twelve or thirteen Fathoms Water, and no hidden Rock) i'lough 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 I'ides, and is the more dan« }^erou6 as it is little known. The Sea ebbs and fiows at this Rock on Spring Tides 1 9 Feet, and then at High- Water all the Rocks are covered, though a fmooth Sea j and it is High- Water at the fame Time as at Plymouth ; but it runs Tide and half Tide % fo Wiat •' it runs Eaft 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 Ranger of Rocks appear very high, and lie almoft parallel, ftretching towards the S E. and N. W. the Houfe ftanding the Wefternmoft of all. The aforc-mentio'.ed hidden Rock is a full Cable's Length from all thefe oti>ers, and lies us alb/efjic'. There is always a Family living in vi, to tend its Light ; a'ld ;hw following A^ts have been made for its Management ani Support, viz. From the Time of placing a Light ufef\i> for Shipping in FJdyJlone Light-houfe, 4 '"J ! ■*»'♦» there ftiall be paid to the Mafter, Wardens, and Afliftan's of Trinity Houfe of **■ ''' Deptford Strond, by the Maftert and Owners of all Englijh Ships and Barks which ftiall pafs by the faid Light-houfe, except Coafters, id. per. Ton outward-bound, and \d. per Ton inward-bound, 'viz. of the Merchants one Moiety, and of the Owner the other Moiety j and of all fuch Aliens' Ships as fhall pafs by the faid Light-houfe 2d. for every Ton of the Burden of the Ship; and every Coafter " pafling by the faid Light-houfe fliall pay 2/. for each Time » The faid Duties to be coUedted by fuch Perfons a? the faid Mailer, &c. ihall appoint. In fuch Port '"' whence fuch Ship fhall fet forth, or where fuch Ship ihall arrive, before they lade or unlade j tne faid Diodes to be recovered by Adion of Debt, &c. The Duties in the Adl 4 and S^nne, Cap. 20. diredlerl to be paid by any sJin.dr* Ship pafling by Eddyftone Light-houfe, fliall bo paid for every fuch Ship, as well ». 1. thofc belonging to her Majefty's Subjefti as Strangers, which fliall ^-ji by the faid Light-houle, from or to any Port, and ihall be received of the Mrfter of fuch Ship in any Part of Great-Britain or Ireland, and may be recovered in arty of her Majefty's Courts of Law. No Cuftoni-houfe Officer fhall make out any Cocket, or other Difciiarge, ot take any Report outwards, for any Ship, until the Duties granted by the faid A6t, and payable by the Mafter of fuch Ship, fliall be paid ; and that fuch Mafter pro- duces a Light-Bill, teftifying the Receipt thereof. It fliall be lawful for every Pcrfon authorized by the Trinity-^Houfe to go on board any foreign Ship to receive the Duties, and, for Non-payment, to diftraiii any Tatki^e belonging to fuch Ship; and, in Cafe of any Delay in Payment, for ' tlirec n ?:3 I! ! f! 8 ././- b.4. .c.-r C.iji. ^6. J ••3- OF LIGHT-HOUSES. three Days after Diftrcfs, it fliall be lawful for the Receivers of the faid Dutic^ to Ciiulc the fame to be appraifcd by two Pcrfons, and to fell the faid Dillrcfu. i 1 his Adt and alio the laid former Ad fliall be publick Aih. 1 he iollowing Act is concerning the Light-houfe built on the liland or Rock called iHenies, lying in the Sea near Ho/ylhaJ, in Confirn'iation of Letters Patent t^i intcd to H'illiam Trench, Efq. for building it, and recovers the fartie Duties asi tile preceding one, though all the others receive but Half. All the I'owers and Duties granted in Letti-rs Patent, bearing Date at I'tjl^ ' r):'mjUr ihc I ;^fh oi July, 13 j-lnne, xa IVilliam Trench, Efq. dcccafcd, ibr ereding a Li'.;;hf-huijic on tl.c Ifland or R* LETTER? of MARQUE or Afof* arc extraordirtaryCommiflions granted by the Lords of the Admiralty, or by the Vicc-Admirals of any diftant Province, to the Commanders of Merchant Ships for Reprifals, in Order to make Reparation for thofe Datnages they have fuftained, or the Goods they have been defpoiled of by Strangers at Sea. Or to cruifc againft and make Prize of an Enemy's Ships or VcfTels, either at Sea or in their Harbours. We may therefore diftinguifh two Species of Letters of Marque, thofe which are fpecial for the Reparation of Injuries fuftained by Individuals at Sea, after all Attempts to procure legal Redrefs have failed ; and thofe which are general, being iffued by the Government of one State againft all the Subjeds of another, upon an open Rupture between them. They feem to me always to be joined to thofc of Reprifc, for the Reparation of a private Injury ; but, when the Hurt of an Enemy is folely iuuinded under a declared War, the former only arc granted to Privateers, as will be ihew n in the fubfequeht Chapter. Thefe Con.miflions in the Law have other Appellations bcfidcs Reprifals or c,--ii. At Jn-e Letters of Marque, as Pignoratio, C/arigatio, and Androiepjm, and though by ?'"' ^ '"'"'*• Virtue of thefe any Cloture they licenfe becomes legal, yet private Authority n^'j* " will not juftify the Proceedings, as it only can be done by the Power of that Prince or State, whofe Subjed the injured Perfon is, nor is tl e fame grantablc even by them, but where the fufFering Perfon has Juftice denied him, or illegally delayed. This Cuftom of Reprifals is now become a Law by the Conllnt of Nations, and has been generally confirmed by an Article in almoft every ''leaty of ir'e..ee that has for a Century paft been made in Europe, under its j. roper Keftric- tions and Limitations i as in that concluded with iS^^tun the i^thoi Ma,', 1667, v»/'y(te.Tu'« (Art. 3. ) that with France theuft of July, 1667, (Art. lO. ) tliat witu iiJiait(i\^"- '' ^7- Nnn of s. 3. > in Ui i 430 O F 1, 1'. T T 1. K S OF MAR (^U V.. lift J, n >Ie of till' Tmc T^ato, (Art. •?!.) tli.it \vith Denmiri the 1 1 th of "/"A', 16-0, ani alinoll iili otiicis maiJc fnict- > tiul it vv.13 coiillrtnted by them, grounucd, ac< cuniim^ to the gfv.Mt yvjfini-.iH, on the l/rpcncy of human Nccclfitics, 113 with- out tluu great Liceiile woiilJ be given and tolerated for the committing of Dipredations and Injuriis, tf|KxiiIly il' only the Goods of Rulers were made liable, wHj frldom iv)irels any Thin^' that the Injured tan come at for S«t»f- failiim; whereas the Eifeiils of thofe private Men, whole Dealings in Trade arc \arliins, miy be lei/ed for Rccompence, fouietimci witii the grcatcft liolc, and frccll from Rifiiiie 01 Danger. And as the Utricfit of this Oblig-ation w.m common to all Nations, they, which were at one Time Sutlnrrs, uoiild at another Time be eafed by it, and Princes arc not only atcoiii\t.iblc for publ'i Ic Injuries, but in I'ruticncc fliould cfKlcavour to prevent private iiic, and, by fctting t!ic good 'Example of protciiting Foreign- trs fic.m Wronj^s -uid Strength to their jull Dem ds of Rcdrefs, wlicncvcr their own Subjcftfl have Occafion to rcqucll it from them. er Occafion j for the Statute of 4 Henry V. c. 7. docs not reftrain the King's Prerogative and Authority, ^ which W,%de Jure Mar. 1'. jO. h, 16-0, ini ;iouiiacd, ac- :ics, a3 with-^ 'Hninittiiig ot* rs were made at fur S«»»f- in Trade arc ,tcft Eulc, and s, they, which t, and Princes udd cmlcavour (iting Korcign- wlicncycr their ;nce or yuJge- ins, or if there lief can be had .if the Prince'* uching the pre- lincd. aioiJ in a legal » A; <:^ upreme HtAd or ms, Reftridlions, blifting Treaties, he yiu Gentitun gdom. Sorts, Ordinary the Reahii, and their Perfons or beyond the Sea, manding Juflitc 'ing that he has aycd, or denied cliants-Strangers is granted to the on Right, by the e hath the Ap- the Realm, are ted or annulled i uidhath accord- ing been paid to Leparation made; y create and veft uer, and by fuch and Eftates of his jgh thefe Lett.rs tlie Execution of e of both States, , for the Stotute c and Authority, which Of lettf. rs of marq^uEi aji which he had at the common Law, In judging the Convonicncy and T!m< when they Hall he executed ; and as the Kiii^'h.ith the Ie,'iflativc Power of Peace and War, In a puhlicl< Treaty for the Nuti(»ns GocxJ, tliey may be no- tified and then revoked by the Great Seal, in Purfuancc of tliat Ttc.ity, und Princes are always cautious in the framirtg and comp)(ing liich Letters Patent, lb as they may not Ixj reckoned a Breath of the Peace, whicii the granting them (for pariiculur Satisfadtion) in the ordinary Way, docs not amount to. Tne Extraordinary RtfrU'als are by Letters of Marque, for Reparation at Sea, W.//y• "• returned in Aiifwcr, CommilTjons are awarded or denied j and the Prince or State, whofc Subjedl the injured Perfon is, (hould not value his Misfortune at fo low a Rate, as to refufc him the former, for that would be to accumulate In* juries, but Hiould likewifc, if JuAice be denied, after fuch Requed, arm him with Power to take Satisfadlion by Reprife, yi, Manu, Cs" Militari, Subjeds cannot by Force hinder the Execution even of an unjuft Judgment, Ditto, P. jj» or lawftilly purfue their Right by Force, by Reafon of the Efficacy of the Power ''• "• over them ; But Foreigners have a Right to compel, wliich yet they cannot ufe lawfully, fo long as they may obtain Satisfaction by Judgement ; though, if that ccafes then Reprifal is let in. Judgement is obtained either in the ordinary Courfo, by Way of Pro/ecution, Ditto, P. 33, lor Suit, or ylppeai from the fame, after Sentence or Judgment given, to a '^' higher Court j or elfe in the extraordinary Way, which is by Supplication, or Petition, to the fupreme Power j but wc mult underfland that to be when the Matter in Controveriy is, tatn quoad merita quam quoad modum procfdendi ', not dout lulj for, in doubtful Matters, the Frefumption is ever for the Judge or Court. ) But the Reprifal muft be grounded on wrong Judgment given, in Matters not doubtful, which might have been redrelTed in fome Shape, cither by the ordinary or extraordinary Power of the Country or Place, and the which was apparently perverted or denied : Though, if the Mailer be doubtful, it is then otherwife 1 for in Caufes dubious or difficult, there is a Frefumption always, that Jufticc was truly adminiAercd by them who were duly elected and appointed for that Purpofe. And yet, in this latter Cafe* fome are of Opinion, if it was dubious, and, pat,iu, i.fg. If the Judgement was againft apparent Right, the Stranger opprelfed is let J^''» D. ac into his Satisfa but, not obtaining it in the limited Time, he granted to the Partners and Heirs of the faid Courten his Letters of Marque, in the Fofm fullowing : f^HARLES II. by the Grace of God, of England, Scotland, France, and ^ Ireland, King, Detender of the Faith, ^^c. to all Chriftian People to whom thefe Prefcnts ftiall come, greeting: Whereas our loving Subjcft William Courten, Efq. deceafed, and his Partners, Anno, 1643, by the Depredation and hoftile A(fl of one Gailand, Commander in Chief of two ftiips belonging to the Eajl-India Company of the Netherlands, was, between Goa and Macao, in the Strait of Malacca, deprived, and moft injurioufty fpoiled of a certain Ship named the Bona EJperanza, and of her Tackling, Apparel, and Furniture, and all the Goods jnd Lading in her, upon a very hopeful trading Voyage to China, which were carried to Batavia, and there all, de fa£lo, witliout due Procefs of Law, confifcated. And that alfo in the fame Year, another laden Ship of our laid Subjcdl called the Henry Bonadventure, being come on Ground near the Ifland Mauritius, was there, both Ship and Gootls icized upon by fomc of the Officers and Minifters, and others under the Command of the faid Ea/i India Company, and utterly detained from the right Owners. And Whereas the laid William Courten, and his Aifigns in his Life-time, ufed 4U poflible Endea- vours to recover the fiid Ship and Goods, and to procure further Jufticc againft the Malefadors, and yet could obtain no Reftitution or Satisfadion, whereby they became to be much diftrefled and utterly undone in their Eftates and Credit : And that thereupon, and upon the moft humble Supplications and Addreftes of Fnvicis Earl of Shrew/bury, and William Courten. Elij. Grandchild and Heir of tlie faid William, deceafed, Sir John Ayton, and Sir Edmund Turner, Knights, George C.irew, and Charles Whitaker, Efqrs. on the Belialf of themfelves and clivers others, intercfted in the f.iid two Ships Bona EJperanza, and Henrv Bonadventure, and in the Eftates of the faid Wiiliam Courten, deceafed, Str Richard Littleton, Baronet, and Sir Paul Pindar, Knight, deceafed, that we Would take their Cafe into our princel; Confidcration, We, out of a ju.sr SENSE we then had, and ftiil have, of their unjuft sufferings, in tliat liuii- nefs, both by our own Letters under our Sign Manual, to the States General of the United Provinces, and by Sir George Downing, Kniglit and Baronet, our Envoy Extraordinaiy, to whom we gave efpecial Command fo to do, required Satistadtion to be n,ade, according tj the Rules of Juftice, and the Amity and good Corrc(pond.-ntc, which wc t'lcn dcliied to conlerve with them firm and inviuLibk 'crm without Seas, and the lys away the lu ultimate ed, and may :d, inhoftile vhom Letters r the Injury, c not in fuch Prince of the damage out ot' Dvcs deficient, lages to be re- lus, after the Flemijli on the to the States of :rs of Reprifal left to the faid r Depredations ; in the limited his Letters of /, France, and eople to whom Subjedt William. Depredation and "longing to the Macao, in the a certain Ship •"urniture, and oyage to China, ut due Procefs aden Ship of ound near the >y fome of the faid Eaft India Whereas the poflible Endea- Jufticc againft idion, whereby ites and Credit : ind Addreffcsof d and Heir of urner. Knights, themfelves and za, and Henr^ deccafed, Str ;e.irca, that we r OK A jusr in tliat Uuii- Stata GencrJ 1 Baronet, oar to do, required the Amity and them firm and inviuLibli ^t ot LETTERS OF* M A R Q^U E. inviolable: And whereas after feveral AddrefTes made to the faid Staies General by our faid Envoy, and rtothing granted efFedtual for Relief of our fiid Subjedls, whom wc take ourfelves in Honour and Juftiee concerned to fee fa- tisfied and repaid, we lately commanded the faid Sir George Downing to inti-J mate and fignify to the faid States that we eJcpedtcd their final Anlwer, con- cerning Satisfaftion to be made for the faid Ship and Goods, by a Time tlien prefixed and fince elapfed, that we might fo govern ourfelves thereupfin, that our opprcflcd Subjedls might be relieved according to Right and Juftiee ; and yet no fatisfadtory Anfwer has been given, fo that we cannot but apprehend it ta( be not only a fruitlefs endeavour, but a proftituting of our Honour and Dig- nity, to make further Application, after fo many Denials and Slightings : And whereas John Exton, Doe/efs, it is " our Will and Pleafurc that in the Execution of this our Commiflion no Vio- " knee fliall be done to the Perfons of the faid Subjefts of the faid States Ge~ " nera/, but only in Cafe of Refiftance j and that after, in cold Blood, the *' Subjedls of the faid States Genera/, if hurt or wounded, fliall be ufed with " all convenient Oflices of Humanity and Kindnefs. And further, cur •* Will and Pleafure is, that although it fliall happen, that all Hoflility be- " twccn Us and the States Genera/, and our refpcftivc Subjecfts fhall ceafe, yet " this our Commiflion fliall be and t-emain in full Force and Power to the faid Sir *' Edmund Turner and Qeorge Careiv, their Executors, Adminiftrators, and " Afligns, as aforefaid, by Virtue thereof, to apprehend, take, and fcize, by " Force and Arms, fo many more of the faid Ships and Goods of the States •« Genera/, or any of their faid Subjects, as, befidcs the laid Sums beforemcn- *' tioned, fhall countervail, fatisfy, and pay all fuch Cofls and Charges, as the " laid Sir Edmund Turner and George Carew, their Executors, Adminillrators " or Alfigns, as aforefaid, fhall, from Time to Time, make Proof to have " liifburfed and paid towards the equipping, manning, paying, furnifliing, " and vidtualling of the faid Ships, fo liccnfed and authorized as aforefaid, by " this our faid Commiflion, to be equipped, manned, furniflied, and vidtualled, " by the faid Sir Edmund Turner and George Carew, their Executors, Admi- •• niltrators, and Afligns as aforefaid, for the Purpofes aforefaid." And our Will and Pleafure is, and We do hereby require our Judge or Judges, of our High Court of Admiralty, for the Time being, and all other Officers of the Admiralty, and all other our Judge or Judges, Officers, Miniftcrs, and Subjcfts wluitlocver, to be aiding and afntling to the faid Sir Edmund Turner and George , Carezi', their Executors, Adminiftrators, and Afligns, a§ aforefaid, in all Points ill 1 F L E T T E li S O F f A R Q^U E; 235 in the due Execution of this our Roy.il CommilSon, and fo proceed to Adjudi- cations, and adjudge all Ships, Merchandizes, Monies, and Goods, by Virtue thereof to be taken, according to our Princely Intention hereby fignificd and •■ favourably interpreted and conftrued, in all Rcfptdls, to the Benefit and bed Adviintage of the faid Sir Edmund Turmr and George Carew, their Executors, Adminiftrators, and Afligns, as f.forefaid. In WitNEss whereof. We have caufed thefe our Letters to be made Patent. Witnefs Ourfelf at Wejhiunjhr, the 19th Day of ilfov, in the feVcnteenth Year of our Reign. By the KING. It is not the Place of any Man's Nativity^ but that of his Domicil and Abode, Ji/!//y dcjare not of his 0;7f/>;tf/w«, but of 1 s Habitaticn, that fubjefts him to Reprifci the ^JYj/" '*°* Law doth not fo much confidcr where he was born, as whdre he lives; t.ierefore if Letters of Reprifal ihould be awarded againft the Subjccfts of the Grand Duke of TuJ'cany, and a Native of Florence, but denizened or naturalized in England, fliould have a Ship, in a Vo)'age to Leghorn^ taken, the Capture is not lawful, hor can fhe be made a Prize. Yet, by the Laws of England, a natural-bora Subjedt cannot diveit himfelf of his Alliegtnce, though he happens to be com- morant, or a Dweller in the Enemy's Country. It does not appear from any Precedents, that Reprifals can be granted on Ditto, P. 41. Misfortunes happening to Perfons on their Goods, refiding or being in foreign ^•'7' Parts in Time of War there j for, if any Misfortune happens, or is occaftoned to their EiFeds, or to their Perfons, they mult contentedly lit down under their Lofs ; it being their own Fault that they would not fly or quit the Place, when they forelkw the Country was expofed, or would be fubjeft, to the Spoil of Soldiers and Dcvaftations of the Enemy. By Right, there are many Perfons exempted, and thofe whofe Perfons are Ditto, p. 41; fo privileged have alfo Protection for their Goods, fome by the Law of Na- ^' '*• tions, fome by the Civil Law, others by the Common Law j among which the Ambalfadors, by the Laws of Nations, their Retinue and GoodSj are exempt, coming from him who awarded Reprife j the Law of Nations not Only provides for the Dignity of him that fends, b'.'t alfo the fecure going and coming of him that is fent. Travellers through a country, whofe ftay is but Ihort, art4 a Merchant of another Place than that againll which Reprifals arc granted, although the Fadtor of his Goods was of that Place, arc not fubjed to Reprifals. When Ships arc driven into Port by Storm or Strels of Weather, they have an Ditto, p, 42. Exemption from the Law of Reprifals, according to th6 Jus Commune, though ^' '9- by the Law of England, it is otherwife, unlefs exprcfsly provided for in the Writ or Commiffion ; but, if fuch Ships fly from their own Country to avoid Confifcation, Or for fome other Fault, and arc driven in by, Strcfs of Weather^ they may, in fuch Cafe become fubjedt to be Prize j though it is unlawful to make Seizure in any Ports for Reprifals, but in that Prince's who awarded them, or in his againll whom the farpe is ilTued j for the Ports of other Princes or States are facred, and the Peace pi them not to be. violated or 4ifturbed, but juftly to be oblerved and maintained. ,. , . ; If any Ship, carrying Letters of Reprtfe, attacks a'Veffel, and flic refufes to Gn,t. de Jure yield, fhe may be aflaulted and entered j and, if it falls out, though by Accident, f^'"'- ' ■^- 3- that fome of thofe who refift are llain, the Fault will lie at their own Doors, '^^ ^' *' for endeavouring to hinder the Execution of v/hat is right, and whi 1 the L,aw both approves and warrants. By the Law of Nations, ipfo faSto, the Dominion of the ^Thin^s tak!en |iyc,« lib 9 thofe to whom Letters of Marque are granted become the Captor's, till the Debt and Cofts, that is, the original Damage, and fubfequenj Charges, are fatisfied ; which being done, the Refidue ought to be reftored. So the ; "-itians ufcd their Equity, having taken the Ships of Genoa : They did wot fpoil any of the Lading, but preferved the fame very carefully till the Debt was paid, which — entire Reftitution of the Things was made, without any Dimi- done, an nution When, perhaps, for the Fault of a few a Debt becomes national, by R&fon' ©f which tnc Goods oC the Innocent become J«tble, if taken, for Satisfadion, in fuch 2j6 OF PRtVATEERS. beingf M Ill ■'t» fuch Cafe the Pcrfon fo fuffcring is entitled to Contribution for liis Relief* put to the whole Burthen, where more are bound to the fame Thing. W.% dejure Yet, when Dtipredations have happened to foreign Merchants, our Kings, on • **• 4<'' Complaint, have often iflued Commiflions to enquire of tlie fame ; and it was (o done upon the Petition of fome Gemtfe Merchants, who complained againil the Inhabitants of the Ifle of Guernfey, for a Depredation in taking away and rm. i6 EJiu. detaining their Merchandize and Goods to a very great Value, out of a Ship wrecked by Tempeft near that Ifle, and the Commiflioners were impowcred to punifh the Offenders, and to make Reflitution and Satisfadtion for the Damages. The like Complaint was made by the Merchants of the Duke of Bretagne, of certain Depredations committed by the Subjeds of the King of Englana, who ilTued forth the like CommifTion, to give them Reparation and Damages for the fame ; fo that if the Subjtds of the King of England fhould have their Goods taken by vny of Reprife for the SatisfaAion of liich Debt or Daouge, they may have the Benefit of the like Commiifions, to make themfelves whole out of the Eflatcs of the Offenders. Pal. lie An. 6, H. V. Of jt^rivateers or Capers, PRIVATEERS and CAPERS are fynonimous Terms for the fame Thing, with this only Difference, that the latter arc fmaller Veffels than the others ; they are generally efteemed private S^ifps of War, fitted out by Particulars in order to annoy the Enemy, though the Commiffion is neither fo lafting nor lb honourable as that given to the Commander of a King's Ship, the one being certain, and continued whilfl his Behaviour is unexceptionable, the other only temporary and occafional j the one appointed by his Majefly, the other by a Subjedt, with the Prince's Approbation, and liable to be turned out at the vj\vncr's Pleafurc; and, though fuch Appointments are ancient, and very uieful- in a War, by diftreffing the Enemy, yet many efteem the Adtion but one Remove from Piracy ; as the Undertakers are fuppofed to have no immediate Injury done them, nor have any other Motive but the Hopes of Gain, to animate them to the Engagement, or to induce their commencing a Trade of Rapine and Spoil on the Pertbns and Goods of innocent Traders ; and, by thele Means, to incrcafe the Hor- rors and Calamities which War naturally brings with it, and infpires ; but who- Ibevcr reflefts, that every Individual is injured, when the Nation in general is fo ; and that, if this has a Right to vindicate or revenge its Wrongs, Particulars mufl be juflificd in affording their Afliffancc; We mufl conclude that, in fo doing, they only comply as good Subjefts, whilfl their Proceedings remain diredled by Authority, and their Succeffes againft the Enemy are managed with that Humanity our own Natures and the Law of Nations enjoin. However, Ir wing thefe Difputes to be determined by Cafuifls, I fhall proceed to inform my Reader of the Nature and Power of fuch armed VcfTels, and on what Footing they have generally been fitted out in the late and former Wars ) and this has been under two different and difUndb Commiffions, as will hereafter . be (hewn. The one of them is cuflomarily granted to the Petitioners for it, after they, at their own Expence, have fitted out a Privateer ; and impowers them to appropriato to their own Ufe whatever Prize they make, after a legal Condemnation, and the Government allows them befidcs 5/. * for every Man aboard a Man of War or- Privateer taken or deftroycd at the Beginning of the Eng-agcmcnt, and' i«/. + for every Gun flie had mounted, with Liberty of cmifing where they pleafe ; and in Cafe we are at War with more Potentates than one, as lately with the French and Spaniards, they mufl have Commiffions for adting againfl theni both, other- wife a Captain carrying only one againfl the Spaniards, and in his Courle meets with and takes a Frenchman, this Prize is not good, but would he taken from him by any Man of War he met, and could not be condemned, fi/r him, in the AdxpiriUty, as many experienced in the late War. The I ' * I } and 17 Cm. n. ' f 4 ind 5 WiV?. and Mar. . , . . « OF PRIVATEERS. 5! 37 The Manner of fitting out thefe Privateers has commonly been at tlie jiMiit ' Expence of feveral Merchants, and is always very expcnlivc ; as warlike Stores ur- " ,', at all Times coftly, and their Prices more efpecially raifed on thele Oicalions, when tJic Demand for them is confiderzbly incrcafed. ^ In fome of thefe Adventures, the Men on board go on the Tcrr.is of no Pur- chafe no Pay J and, in this Cafe, the Produce of whatever is taken goes liiif t> 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 the Capture'^ appertain entii-ely to the Owners, except a fmall Part, which is commonly fHpu- latcd to be given the Sailors, extra of their Wages, in order to animate them in . , tiieir Behaviour ; and both Ways of arming are regulated by tlic Articles eiitcreif into between the Owners and Mariners, of which I fliall add a Copy at the linti of this Chapter, for my Reader's Information. The other Commifllon afore-mentioned is granted ♦o Privateers taken into the King's Service, which notwithftanding are fitted out at the Expence of private; Perlbns, and then let out to th" Government, who generally pay thjm lb much per Month for their Hire, and engage to repir them, in Cafe of i);irnage, and to pay the Value agreed for, in Cafe of Lofs. In King Willums Reign many large private Ships were engaged for in thi-; Manner, and fent abioad as Convoys, Gff. but iince our Marine is fo greatly increafed, the Government does not fo much ftand in Need of the Meixhants' Afliftance in this Shape as they formerly did, and confcquently do not fo oftca call for it. No Privateer may attempt any Thing agiinft the Law of Nations, as to affault Afo..c> Jc Jur. an Enemy in a Port or Haven under the Protcdion of any Prince or Repub- ^'-'f- ''• +!^- lick, be he Friend, Ally, or Neuter ; for the Peace of fuch Place muil be kept ^" ' ' inviolable. And, at the Time of granting thefe private Commifllons, great Care is always Treaty ^:l^. taken, by Bond, to preferve the Leagues with our Allies, Neuters, and Friends, ^'"7* '"'l^'"'- according to the various and feveral Treaties fublifting between us ; and it is for X«, i)«. iij this Reafon that Security is demanded, and given by refponlible Men, not con- "i74.A|t;i3. cerned in the Ship, to the Value of 1500/. for all Ships carrying lefs than 150 ^[.^"'{^f;!,''" Men, and 3000/. for every Ship carrying more, that they will give full Satil- l-ri:„ce, m St. fadtion for any Damage or Injury that they (hall commit in their Courfes at Sc.i, ^''"'^"^ "' contrary to and in Breach of the aforefaid Treaties, and alfo under the Penalties it)%'-7. Art.* of forfeiting their Commiffions, and for which their Ships are likewife made '°' liable. If a Suit be commenced between the Captor of a Prize and the Claimer, and Ditto Art. 13. tliere is a Sentence or Decree given for the Party reclaiming, fuch Sentence or Decree, upon Security given, Jhall be put in Execution, notwithftanding the Appeal made by him that took the Prize, which ihill not be obferved, in Cafe ; , , - the Sentence fhall be given againfl the Claimers. And whereas the Mailers of Merchant Ships, and liicevvife the Mariners and Ditto Art. 14. Faflengers, do fometimes fuffer many Cruelties and barbarous Uliiges when they are brought under the Power of Ships which take Pri?es in the Time of War, ' the Takers in an inhuman Manner tormenting them, thert'ty to extort from them fuch Confeflions as they would have to be made : // is agreed, that both his Treaty of Majefty and the States General (hall, by the fevcreft Proi laniations, forbid all t^.^^oii"" fuch heinous and inhuman Offences j and as many as they (hall, by lawful Proofs, «,y,'f," t*--, find guilty of fuch Ads, they (liall take Care that they be punKhed with due and ^^y -i., 2:- juft Puniihment, and which may be a Terror to others ; and (hall command that ^"vw' ■/,,,'>■ all the Captains and Ofhcers of Ships, who (hall be proved to have committed 21, iVoT.^ir'. fuch heinous Pradices, either themlelves, or by inltigating others to ad the jv',„"'f,^ , fan\e, or by conniving while they v.-ere done, (liall, behdes other Puni(hment,s to lot^.'s.'.Aru' be inflided proportionally to their Ofiences, be forthwith deprived of their Oflices '•. ^• refpedively : And every Ship brought up as a Prize, whole Mariners or Paflengers A"lrV,' r.<- (hall have fufFered any Torture, (hall forthwith be di(ini(red and freed, with all /y 1 ' . 1''"". her Lading, from all further Proceeding and Examinations again(t her, as well '^"' '^" judicial as otherwifc. P p p Ships h 4^: n 138 OF PRIVATEERS. Treaty Ma- Ships may freely fail to and trade with all Kingdoms, Countries, and Ertales, hl^/'o""! ^^^^^ ^^"^ ^^ '" Peace, Amity, or Neutrality, with the Prince whofc Flag they i'674, Art. 1', carry, and who is at prefent at Peace with us, and are not to be moleftcd by us, J-. • I °" Account of any Hoftilitics that may at prefent fubfift, or hereafter may happen, /■mmTfli. between his Britantiick Mnjelly and thofc Eltatcs, provided fuch Ships are not 34. 1676-7, Bearers of contraband Goods. Ditto' wVth ' ^"'^ '° avoid Difputes about the underftanding the Term of contraband Goods, 5/a/»,Afrt;i?,they arc exprefsly determined to be only ylrms. Pieces of'Ordance, -diitb all Im- ]^!''l'^\^-}^- pletnents belonging to them. Fireballs, Powder, Matches, Bullets, Pikes, Swords^ Ihlianii.jiilj Lances, Spears, Halberds, Guns, Mortar-Pieces, Petardes, Bombs, Granadots, 21, 1667, Fire-Crancels, Pitched Hoops, Carriages, Mufquet Rejis, Bandeliers, Saltpetre, Bitto! ftA. 7, MuJ'quets, Mufquet-Shot, Helmets, Corfiets, Breaji-plotes, Coats of Mail, and the i667.», like Kind of Armature, Soldiers, Horfes, and all Things neceflary for the Furni- Tr' ^ M ^'""^ °f ^'"'J^^ > Holjlers, Belts, and all other warlike Inflruments whatl'oever. rine with AH Other Goods whatfoever are, by the aforemeritioned Treaties, permitted DiHo, Off. I, freely to be carried, except to Places bcfiegeci, and therefore a Privateer has no Treaty Ma?' Right to put uny Hindrance thereto; but if he makes a Prize of a Ship laden rine wi.h entirely with the above-mentioned contraband Goods, both Ship and Lading will u'^b-b--^ be condemned ; and if Part be prohibited Goods, and the other Part not, the. Art. 3. ' ' former only fliall become Prize, and the Ship and the Remainder be fot free ; and, ^i>]'aJ"Ls,j, '" ^^^^ *'^^ Captain of the Merchant- Ship will deliver to the Captor that Part of „ have an equal Share of the Prize, though he afforded no AfTirtance in her Cap- iTC*";.)/- turc; becaufe his Prefence however ftruck a Terror in the Enemy, and made'cv'. Cife. him'yield, which perhaps he would not have, done had his Conqueror been [,'°*?^'' ' fingle; fo that all Ships that are in Sight, though they cannot come -jp to aflirt in the Engagement, are entitled by the Common Law to an equal Diftributioii in the Spoil. But if thofe to whom Letters of Marque arc granted (liould, inftead of taking ,v,.7',\brijg, the Ship and Goods appertaining to that Nation, again ft which the (aid Letters 1. 530. are awarded, ivilfully take, or fpoil the Goods of another Nation ia Amity, this'^^*"^'""''* would amount to a downright Piracy, and the Perlbns fo offending would, for fuch Fault, forfeit their Velfel, and the Penalties in which their Securities arc according to late Cuftom bound on taking out fuch Letters, notwithftanding their Commiflion; but this muft be underftood, where fuch a Capture is done in a piratical Manner ; for it is made upon a ftrong Prefumption, lupported by many Circumftanccs and Appearances, that a Caption is juft, as belonging to him againft whom the Reprifals are granted, though, if on Examination it proves otherwife, and the fuffering Parties have their Ship and Goods rcftored, yet the Captors are not liable to Punifhment, though fometimes they m.iy bp to Da- mages. On the contrary, they are juftified in endeavouring to recover their Right, or diftrefs the Enemy, for which the Letters weie granted them, though in efFeding it they may be mirtakcn, as it is natural for the Enemy to cover their EfFedts in the beft Manner they can. It would be impoffible always to determine the Affair at Sea, therefore it is allowable to bring a dubious Capture into Port, in Order to more nice and juft Scrutiny and Infpciftion, otherwife the Goodsof an Enemy would often efcape, as it frequently happened in the late War. However, to guard againft unlawful Seizures, the Government have wifely direded futHcient Caution to be given, as before-mentioned, for the due Obfervance of the x^ittf r? according to Law, before they permit tlieir iffuing; and where there is .^ Breach committed, the Penalties are infiided. And in Order to a;'oid all illegal Proceedings, but to adl with due Regularity and t_v.r;eii be- forehand agreed on between themfelves paying tne Duties hereafter mentioned. The Judge, &c. of fuch Court of Admiralty fhall, if requeued thereto, finifh, within five Days, the ufual preparatory Examination for 'Ii i il of Prizes, and the proper Monition (hall beiffued and executed in three Days atter Reinieli:; and, in Cafe no Claim of fuch Capture Ihall be duly entered, and aftetL-d ou Oath, giving twenty Days' Notice alter the Execution of Uich Monition ; or if there be fuch Claim, and the Claimants fhall not, within five Days, gi\\i Security, to be approved of by fuch Court of Admiralty, to pay liouljle Cofii to the Captors, in Cafe the fame be judged iawful Prize; then the Judfc, , (raifers, on the c Goods found Icjiarate Locks, pre is no Cor.i- and Claimants ; giving Security .'aptors the full ity, the judge r Aircnts. O ike Security of ts the apprail'ed proceed there- to the Captors [ay there with- inptroller of the ;r of that Port, condemned by )y a Privateer, fubjecl: to their Ibroid, ncgled larging or con- Is of any Court lider loo Tons Burthen; and kiable to all the Duties within Itence given, in 3ners appointed under 1 3 f ;«. I'.i3<> P. 1401 under the Crc.it Seal of Gre4*' Enemy, and afterwards retaken by any Men of War, or Privateers under his Majefty's Protcdtion, the faid Ships, Sfc . fo retaken, (hall be reftored to their pro- per Owners, paying, in Lieu of Salvage, an eighth Part of tlie Value, after having been in PofTeffion of the Enemy twenty-four Hours j and, if above twenty-four Hours, and under forty-eight Hours, a fifth Part ; and, if above forty-eight Hours, and under ninety-<= - Hours, a third Part j and* if above ninety-lix Hours, a Moiety thereof: All which Payments (hall be made without Deduftion ; and if any Slup fo retaken fliall appear to have been fct forth by the Enemy, while in their Cuftody, as a Man of War, the Owners of fuch Ship retaken fliall pay a full Moiety of the real Value, without Deduiftion; Q.4 q -If m f; .ill t ■ i J4S Mf.V«. II. r. 14J. n r,v.. u. or p R I \' I r 1". R r.:oi. p. 706. lc) Gro. 11. JH. 4417. r. +88. It' iiny ship, «L\ tlic Owner, or any other Perlba vithoiit his Ticket ot" Leave to dcp.iit, but in all Cafes be fubjedt to the Laws of thu Country. For the EncouMgcmcnt of the UtJicers anJ Seamen of his Mjjcll) '.s Sliips of ' War, and of all other Ihitijb Sliips having Cominiflions or Letters, of Marque, and lor inducing all liriti,/: Se.uiien wlio may l)e in any foreign Service to return into this Kingdom, and become feiviceable to his Majefty, and for the more cfiedii.iliy ficuring and extending the Tr.uic of his Majelly's Subjedts, // ij atijifcl, [ilie fame as the preccdnig Adt entire, with the following Additions, viz.] that all Commanders of private Ships of War, or Merchant Ships h.iving Letters of Marque, (hall, on going into any of thofe Ports or Harbours, be fubjcd to the fcver.ll Uircdtions and i'orfeiturcs by fuch Laws made and provided. Some Doubts having ariten upon the Conftrudion of feveral Claufcs in the foregoing Ad of 13 Gej. 11. It is therefore enatled, Th:t, after the full Day of 'July, \y^^, "11 I'roceedings in any of his Majefty 's Courts of Admiralty, coiicern- ing the Adjudication and Condemnation of Prizes taken from the Spaniiirdi, rtiall be according to the Method direded and prefcribeJ by tliis prefent Ad. Nothing in this Act contained Ihall rcllrain his Majefty, his Heirs and Suc- rcllbr.s froin giving fucli furtlicr Rules and Dircdions to his rcfpedtivc Courts of Admiralty, lor the Adjudication and Condemnation of Prices, as by his ALj[efty, ijc. with Advice of his Privy Council, ihall be thought neceflary. And as in all private Ships of War, or Merchant Ships that fhall take out Letters oi Marque, it is expedient, for the better Difciplinc and (jovernment of fuch Ships, that all Peifons who Ihall enter themfclvcs on board Ihould be un ler proper Regulations, to pay Obedience to the lawful Commands of the chief Commanders of the faid Ships : It is therefore enacted, that all Offences coniiiiitted by any Otiicer or Seaman on board any Privateer or Merchant Ship, taking Letters of Marque, during the prefent War with Spain or France, ihall be puiuilied in fuch Manner as tne like Offences are puniihablc on board his Majelly's Ships of War. All (Offenders wlio fliall be accufed of fuch Crimes as arc cognizable only by a Court- Martial, fliall be confined on board fuch Privateer, ^c, in which fuch Oflence lliall be committed, until they fliall arrive in fomc Port in Greatiiritain or Irdand, or can meet with fuch a Number of his Majefty 's Ships of War abroad as are l'uf)icient to make a Court Martial ; and, upon Application made !)y the Commander of fuch Privateer to the Lord High Admiral of Great-Britain, or the Commander in Chief of his Majelly's faid Ships of War abroad, they are liereby authorized and required ^to call a Court-Martial, for trying and punilhing the faid Offences. i'or Advancement of the Tridc o( Great-Britain to and in the ievcral Britijh Sugar Colonies in the IFeji Indies in America, for the better Encouragement of his Majefty 's Ships, and private Ships of War, and tlie annoying and diminithing the Power and Wealth of his Majefty's Enemies in thofe Parts, and for the In- creifc of Shipping and Seamen ; for thefc and other Services, It is enabled, that no Maiiner, or other Perfon, who ihall ferve, or be retained to fcrve, on board any Privateer, or trading Veifel that ihall be employed in any of the Britijh Sugar Colonies in the JVeJt Indies in America, &c. fhall be imprelied or taken away by any Otficer belonging to any of his Majefty's Ships of VVar, unlefs fuch Mariner fliall have before deierted from fuch Ship of War, at any Time alter the 24th of yune, 1746; upon Pain that the Otficer fo imprcffing, iic. contrary to thelenor and true IVIeaning of this Ad, ihall forfeit to the Mailer or Owner of fuch Vcifel, 50/. for every MUn he ihall take, with full Cofts of Suit, Qc. Every Mafter or Commander of a Privateer, or trading Veffcl, before he fliall receive, in any of the Parts afortfaid, any Seamen, (Sc. to ferve on board, ihall endeavour, A OF P H I V A T E i: R S. 243 >t orCoiiiiivaiitP, luuiiiticni of lu»;li tils; Captain lli.ill flr.ll carry from r Pcrfoii v.itlunit ttic Law!> of thu ^lajort)'^ Sliips of rtlcrs uf Marque, Service to return lid for the mora 's Subjeas, It ij lowing Additions, lant Snips having rbours, be fubjctt provided, id Claufcs in the : the full Day of liniralty, coiicern- e Spiiniin-di, Ihall rnt Ad. i.i Ik'irs and Suc- fpedtivc Courts of IS by his M.jelly, ry- lat fliall t.ikc out nd (Jovcriuiiciit of d Ihouid be uincr nds of the chief ftcnces coiiiu.ittcd lip, taking Letters 11 be puiiiilicd in is Majelly's Ships nizable only by a If. in which fuch |in Great Britain or of War abroad as ion made l\v the \iit- Britain, or the they are liercby iid punilhing the the fcveral Britljh incouragcnieat of and diminiihing and for the In- \s enabled, that no rve, on board any I the Britljh Sugar )r taken away by lels fuch Mariner laftcr the 24th of Jrary to thelenor |cr of fuch Vcflcl, , before he fliall on board, fhall cndcivour, endtfavour, by nil the Mfiins he reafowbly cm, to difcov..+ whether fucli PerCj.i h.ith dcferttd from any Mt'.n of War 1 and in Cafe any Commander ihall receive upy Mariner on board, without firfl hiving made fuch liiideavuiir towinls \x Pircovcry, or if he (hill know fudi a o.ie to bs a Dcfcrtcr, he fhali forfeit 50/. for every Man he Ihall fo entertain, tiff. And every Miller of a Merchant Ship, or Commander of a Privateer, before 1,1) <^'"- H; he fluU fet fail from any Port belonging to any of the Aid liriti/b Sugar Colonics, '< '• ftiall deliver to the chief Oliiier of the Cuftonis of the Port he fiils fnim, an cx.xil Lift of all the Men belonging to fuch \'e(lel, containing their Names, A;!;es, nnd Dcfeription of their Pcrfons, upon I'ain of forfeiting 10/. for every Man he Ih.dl receive on board, &ct Upon the Death or Alteration of any Seaman the Lift muft be altered, and fliewn to tlic Captains of Men of War ; and, in Cafe any Man bcloii-ing tJ his iC' jcfty's Ships of War (lull be found on board, whofc Name is not in the Lill, the Maftcr or Commander ihall forfeit co/. for every fuL-h Man, &c. The Preamble fets forth, that by the preceding Ad of 1 3 (»Va. 11. the folemt;*. it Property of all VclTels and Merchandize taken from the Spaniards, is given to the '"• 5'^'- Officers, &c. on board every Privateer, being firft adjudged lawftd Prize, and divers Rules arc therein eftabli/hed for the Condemnation of fuch Prizes ; and by the fvid Adt a Bounty is given to the Olficcrs and Seamen, on their taking or dcrtroying the Enemy's Ships, and that by the foregoing Ad of 17 Geo. l\. it was found nccelFary that the fame Encouragement Ihould be given to the Captors ef I'rencb Ships, (^Ct All Sales, Bills of Sale, Contrads, Agreements, and Aflignincnts of Shares P. $91. of Prizes, Gff . taken from the Enemy by Ships of War, or having Letters of Marque, which fliall be made at any Time after the faid firll of June, fhall be void and of none EfTcd. The Agents are to pay the refpcdivc Shares of Prizes nnd Bounty Money to i*. 59*' all Seamen, &c. as fliall appear in Pcrfon, or, in their Abfencc, to their lawful Attornies, impowered by them, in Manner herein-atter diredcd, or to their Executors, &(. without any Regard to Bargain or Sale v»hatfocver, concerning the faniei After the faid ift of j^hw no Letter of Attorney, made by any Seaman, &c. in any Ship of War, or having Letters of Marque, or by their Executors, (Sc. in order to impower any Perfon to receive any Share of Prizes or Bounty Money, Ihall be valid, unlcfs the fame be made revocable, and for the XJic of fuch Sea- men, and be figncd and executed before, and attefted by, the Captain and one other of the figning Oflicers of the Ship, or the Mayor or chief Magillrate of fome Corporation. As every War produces Alterations, the following have been made fince that which commenced in 1756. If any Captor or Claimant fliall not reft fatisfied witli the Sentence given in 27 c«. vu the Admiralty Court abroad, the Party aggrieved may appeal to the Commillioners of Appeals in Caufcs of Prizes in Great-Britain ; the lame to be allowed in like Manner as Appeals from the Court of Admiralty in this Kingdom, lb as the lame be made within fourteen Days after Sentence, and Security be given to prolecute fuch Appeals, and anfwcr the Condemnation, and to pay treble Cofts, in Cafe the Sentence be aflirmed. The Execution of any Sentence fliall not be fufpended by Rcafon of fuch Appeal, in Calc ointing them Agents i and if any Agent (hall rcfiife or ncgledl fo to do for fix IVIontlis after Condemnation, he is to forfeit 500/. to be recovered by the Proletutor. If any Agent is appointed after Condemnation, he muft make the (iime Regiftry under the fame Penalty. After the Sale of any Prize taken by any of his Majefty's Ships of War, pub- lick Notice is to be given Iw the Agents of the Day apfwinted for Payment of the Shares to the Captors ; after which, if any Men's Shares (hdl remain in their Hands, either belonging to fuch Men as (liali be nin from his Majefly's Service, or not be legally demanded in three Years, the fame arc to go to the \Jl'c of Grremcich Holpit.il. If any Ve(li:l (hall be taken by CoUufion by a Man of War, the Commander or C.iptain (liall forfeit 1000/. one Moiety to the life of his Majef^y, the other to the Profecutor j and he (hall forfeit his Employment, and be incapable of any OlHce under his Majefty, during the Space of fcven Years; and the Goods, Ship, Tackle, Off. fo taken by CoUudon, (hall be adjudged good Prize to his Majefty. Perfons belonging to his Majefty's Service who (hall run away from their Shi|>s before Notification of the Payment of Prizes or Bounty Money, arc not entitled to their Shares ; but the fame (hall go to Greenwich Hofpital. And, if they run away after Notification given, they forfeit fuch Part of their Shares as (hall remain in the Agent's Hands. All Agents, Gff. who (hall difpofe of any Prize, arc, within three Months after the Day of the firft Payment to the Captors, to tranfmit to thcTrcafurcr of Greenii'ich Hofpital, (3c. a true State of the Produce of fuch Prizes, together with an Account of the Payment of the feveral Shares to the Captors, as (hall then have been made ; and all Perfons authorized to receive Bounty Bills are, in like Manner, to tranfinit an Account of the Payment of the Shares ; and all Agents, (3c. who (hall difpofe of any Pri/cs taken hy any of his Majefly's Ships of War, or that (liall have received or difpofed of any Bills for Bounty, are, within three Months after the Term of three Years, limited by this Art, to make out an exaift Account of the Produce of fuch Prize and Bills for Bounty ; as alio of the Payments of the feveral Shares to the Captors, together with a true Account upon Oath, to be taken before the Trcafurcr of the faid Hofpital, Gfc. 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. The Perfons dircded to deliver the Accounts before-mentioned, and to pay the Money within the Time before limited and appointed, on Neglcft are to forfeit 100/. exclul'ive of the Money then in their Hands ; one Third to his Majefty, the other two Thirds to the faid i^lofpital, with Cofts of Suit. If any Fraud (liall appear in the Accounts, every Perfon, his Aiders and Abettors, are to forfeit 100/. over and above the aforefaid Penalties ; one Third to his Ma- jefty, one Third to the Hofpital, and the other to the Informer, with Coils of Suit. No Agent may be fucd by any Perfon who (liall make a Run from his Ma- jefty's Service, in the Lifts certified of the Names of the Officers, Seamen, &t. actually on board any of his Majefty's Ships of War, at the taking of any Prize, until the End of three Months after the Expiration of tlic thr(« Years limited for f^ :t or Sijiuilron, s, if mo c tliiii f.iiiK-, then tliJ ft for tluMii, and L-ni 1 and nil the ppoint the fame etn tlic Owner*", fiihit and rc^ifter their Letters of or ncglert fo to be recovered by he fame Regiftry ps of War, piib- for Payment of I remain in their klajedy's Service. JO to the Ufe of the Commander ;fty, the other to incapable of any and the Goods, ood Prize to his from their Shi|>s are not entitled iich Part of their n three Months the Trcafurcr of Prizes, together Captors, as fhall unty Bills are, in Shares ; and all i Majefty's Ships for Bounty, are, his Ad, to make • Bounty ; as alfo her with a true id Hofpital, &c. in their Hands, clivcr, taking an OF PRIVATEERS. «45 U and to pay the eft are to forfeit his Majefty, the ler^ and Abettors, 'bird to his Ma- ith Colls of Suit, from his Ma- rs, Seamen, &^<.. ing of any Prize, Years Hmkcd for the the claiming of Prize! and Boonty Money, unhfs fuch Pcrfon /hall, before any Adtion brought, (/btain a Ccrtiticate of his R being taken of, and the Forfeiture of his Share of fuch Prize and Bounty Money difchargcd by the Commidioners of the Navy, who fubfcribed the laid Lifts, and (hall produce fuch Certificates to the Agents, and unlcfs the Agent (hall refulc thereupon to pay the faid Prize and Bounty Money within two Months after fuch Demand and Certi- ficate produced. The Preamble fcts forth, that repeated Complaints having been made of pi_ jiC»«. II. racy and Robbery being committed on board lirall Shitis and Boats being, or pretending to be, Englijh Privateers j and that it is apprencndcd that moft of the Adts of Piracy and Robbery have arifen from the Obligation on the Lords of the Admiralty, to ;rant Commiflions to all Commanders of Ships or Veflcls of what Burden foever, without Diftinftion : To remetly which Inconvcnicncy it is cnadted, that fuch CommifTioni (hall be abfolutely repealed and made void. hut it is further enadted, that from and after the firft of June, 1759, Com- mifTions (hall be ifliied at the Requeft of any Owner or Owners, they giving fuch Security as is herein-after mentioned ; and that all Ships, VeHcls, Goods, &c. taken by any fuch Privateer, being firft adjudged lawful Prize, ftiall wholly belong to the Owners and Captors, in fuch Manner as ftiall be agreed on among themdlvcs, and neither to his Majefty, or any Admiral, Vice-Admiral, Governour, or oth.-r Perfon whatfoffvcr j except as to the Cuftoms and Duties. No Commiflion ftiall be granted, if in Europe, except the Velfel be of 100 Tonb Burden, carrying ten Carriage Guns, being three Pounders, and forty Men at leaft ; or unlcfs tlie Lords of the Admiralty, or Perfons authorized by them, ihall tliink fit to grant the fame to any Veftcl of inferior Force or Burden. The Lords of the Admiralty may at any Time, by an Order in Writi.ig, revoke any Commiftlon. In fuch Cafe the Secretary of the Admiralty is required* with all convenient Speed, alter any Commilfion ftiall be fo revoked, to give Notice in Writing to the Owners, Agents, or Sureties of the Ship or Velfel, named in fuch Order of Revo- cation : And, if fuch Ship Ihall be in the Channel, ';he Order of Revocation ftiall be etfedtual to fuperfede the faid Commiftion, at the Expiration ot f.venfy Days from fuch Notice, or fooner, if the Notice Ihall be given to the Com- mander of the Veflcl: If (he (hall be in the Northern Seas, at the Expii.ition of twenty Days ; and if to the Southward of Cape Finijlerre, or in the Mediterranean at the End of fix Weeks : If in North America or the Wejl Indies, at the Ere- piration of three Months j and in the Eaji Indies, at the End c:" fix Months : And the Perfon concerned may complain of fuch Revocation to hh 'vfajefty in Council, within thirty Days after the Notice is given, and the Dttciminaiion of his Majefty in Council ftinl! be final. If the Order of Revocation ftiall be fuperfedcd, the Commiflion ftiall be deemed to have continued in Force, in the fame Manner as if no fuch Revoca- tion had been made. No Perfon ftiall be liable to be punjftied for doing any Matter or Thing before he ftiall have received perfonal Notice of fuch Revocation. Before the granting any Commiflion, ufual Bail or Security ftiall be taken, each Pcrfon, being Security, making Oath before the Judge of the Admiralty, &c. 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 Marftial of the Court, &c. is diredted to make Enquiry of the Suffi- ciency of fuch Security, and report the fame to the Judge or his Surrogate, before fuch Commiflion ftiall be granted. All Perlons applying for Commiflions are to make Application in Writing, and fct forth therein a particular and exadl Defcription of the Ship or Veflel, [pccityiiig the Burden, and the Number and the Nature of the Guns on ^ board, to what Place belonging, and the Names of the Principal Owners, and tJle Number of the Men, all which Particulars are to be inlbrted in the Com- nuifion, and every Commander ftiall produce fuch Commiflion to the Colledlor, &c. of the Port from whence fuch Ship or Veflcl fh*U be firft fitted out, or R r f to f*^ 246 O P P R I V A T E E R S. ■»• to the lawful Deputy of fuch Cclleftors, &c. who are required to ijilpedl the faid Ship,' without Fee or Reward, fo as to afccrtain the Burden, Number of Men, and Number and Nature of her Guns : And if they ihall find the fame to anfwer tlie Tcnour of fhe Defcription in the Commillion, or lie of greater Force, they are immediately, upon the Requcft of the Commander, to give liim a Certificate gratis, which ihall be deemed a ncceflary Clearance, before fuch Vell'el lliall be permitted to fail from that Port : And if the Commander fliall depart without fuch Certificate, or proceed upon a Cruife witii a Force inferior to that mentioned in his Commifiion, or required by this Adt, the Commillion dial' from thenceforth be null and void ; and the Commander, being convided before any Court of Admiralty, (hall be imprifoncd without Bail or Mainprize, for fuch Space ds the Court ihall diredl, not exceeding one Year. If any Colledor, i^c. lliall grant a Certificate for any Vcfli:! which Ihall not be of the Burden and Force fpecified in the Commiflion, or of greater Burden and Force than Avail be mentioned therein, he (hall forfeit his Odicc, and be for ever after incapable of holding any Office in the Cuftoms ; and lliall aUb forfeit 100/. one Half to the Informer, and the other to the Corporation for the Relief of lick and difabled Seamen in the Merchant- Service; or, if the For- feiture lliall be incurred in an Outport, where there is a Corporation for Relief of Seamen, then to the Truftees of fuch Corporation. The Tonnage of Ved'cls to be afcertained according to the Rules laid down by the Adt 8 Atiiiic, for nuiking a Dock nt Liverpool. If the Commander ot any private Ship of War fliall agree to ranfbin any neutral Vcllel, or tlic Cargo, or any Part thereof, after the fame lliall have bcai taken as Priiic, and, in I'urfuancc of fuch Agreement, difcharge fucli Prize without bringing the lame into fume Port belonging to his Maiefty's Domi- nions, he fliall be deemed guilty of Piracy, Felony, and Robbery j and upon Convidion fhall fuffer Pains of Death, Lofs of Lands, Goods, and Ciiattels accordingly. But the Commander of any private Ship of War, upon the Capture of anv neutral Ship, vvhicli Ihall be liable only to the Forfeiture of fuch contraband Goods as fhall be on Jjoard, may receive fuch Goods from fuch Ship, in Cafe the Commander thereof is willing to deliver the fame, and may thereupon fet fucii neutral Ship at Liberty ; and if any Pcrfon (hall purloin or embezzle any con- traband Goods before condemnation, he (hall fulfer fuch Pains and Penalties as are infiided by Law on Perfons purloining or embezzling Goods out of any captured Ship. All Books, Papers, and Writings, found in any Veffel, taken as Prize, (hall be brought into tlie Regi(try of the Court of Admiralty, wherein fuch Vcdll may be proceeded againlt in Order for Condemnation ; but ("iicli only uanflatcil as (hall be agreed or infifted upon by the Prodors of the feveral Partlij, Cap- tors or Claimant-., or, in Cale of no Claim by the Captor or Regiltry, to b; neceflary (or afcertaining the I^roperty of fuch Ve(rel and her Cargo. No Judge, Rcgiller, or Deputy Regifter, Marflial or Deputy MarlhaJ, or any other Otlicer belonging to any Court of Admiralty or \'icc Admiralty in Great-Britain or Ireland, or the Plantations or cllewhere, nor any Advocate or Prodtor (liall be concerned in any Privateer, having Commillion atbrcfiiid; on Penalty of forfeiting their Oftice and alfo looA to his Majelly; and every Ad- vocate or Prodor to be rendered incapable of pradiling for the future. No Rejjifter, or Deputy Regifter, nor any MarOial nor Deputy jVIarllial, of any Admiralty or Vice Admiralty Court, (hall ad or be concerned; either diredly or indircd^ly, as Advocate or Prodor in fuch Courts, to which they belong J or, on Non-Obfcrvance of tliis Claufe, (liall forfeit his ncfpcdivc OHicc and Employment in fuch Court. If any Appeal (hall be interpofed from a Sentence given in an Admiralty Court in Purluancc of the Adt 29 Geo. II. the Judge of lucTi Court (hall, at the Requeft . and Charge, either of the Captor or Claimant, or of the Claimant only, in Cad" where ;he Privilege is refcrved in Favour of the Claimant by any Trciity now fubfifting 'J,': i^ ilred to inlpeifl the rcleri, Number of tail find the fame , or lie of greater minandcr, to give CkMraiice, before f the C'ommaiidcr uife witli a Force by this Adt, the the Commander, iprilbned without not exceeding one ;1 which Ihall not )f greater Burden lis Odice, and be ns ; and HiaH alio s Corporation for ; ; or, it" the For • joration for Relief ules laid down by jc to ranfom any nc lliall li.ive been hargc fuch Prize Maiefty's Domi- Dbbery ; and upon ids, and Chattels le Capture of anv fuch contraband Ship, in Cafe the ereupon fet fucli nbezzle any con- ins and Penalties oods out of any n as Prize, Hiall lertin fuch Vcdll only 'rAndatcd ■al Partitj, Cap- Regiilry, to b-; argo. nity Mardial, or ice Admiralty in or any Advocate ion atbrcfaid; on ; and every Ad- le future. uty jVlarlhal, of oncerncw'; cither to which they refpcdivc Office Admiralty Court , at the Requefl nt only, in Cafe any Tre;ity now fubfifting O F P R I V A T E E R S. fubfifting, make an Order to have fuch Capture appraifed, unlefs the Parties agrefl upon the Value, and an Inventory taken, and then take Security for the full Value thereof, and caufe fuch Capture to be delivered to the Party giving fuch Security, in the fame Manner as, by the former Aft, fuch Judge ought or could have done before Sentence given, not with ftanding fuch Appeal ; and if there (hall be any Difficulty orObjeftion to the giving or taking Security, the Judge (hall, at the Requeft of either of the Parties, order fuch Goods and Effeds to be entered, landed, and fold by publick Auftion, as Prize-Goods now are, under the Care and Cuftody of the Officers of the Cuftoms, and under the Diredlion and Infpeftion of fuch Perfons as (hall be appointed by the Claimants and Captors j the Produce to be depofited in the Bank of England, or in fome publick Securities, in the Names of fuch Truftees as the Captors and Claimants fliall appoint, and the Court fliall approve, for the Ufe and Benefit of the Parties who ffiall be adjudged to be entitled thereto ; and, if fuch Security (hall be given by Hie Claimants, then the Judge iliall give fuch Capture a Pafs, to prevent its being taken again by hi* Maje(ty's Subjeds in its deftined Voyage. This Adt to continue in Force during the prefent Vv'ar with France, and no longer. Ihe Expencc at the Admiralty-Office of a Letter of Marque, or a Commlffion, is i/. 2s. 6(/. and at the Commons 9/. 14/. (iJ. but Prodtors, when employed, generally charge fifteen Guineas. An Ok 1F.R from the Lon/s of the Admiralty to the fudge of the High Court of A('mir.ilty, to make out the CommiJJion. By the Commijioncrs for executing the Office of Lord High Admiral of Great- Britain a)!d Ireland, Cf. WHEREAS by his Majefty's Commilfion under the Great Seal of Great- Britain, bearing Date the We are re- quired and authorized to iiTue forth and grant Commiffions to any of his Majefty's Subjedls, or others, whom we (hall deem fitly qualified in that Behalf, for the apprehending, feizing, and taking the Ships, Veflels, and Goods belonging to or tlie Vaflalb" and Subjedts of the King, or others inhabiting within any of his Countries, Territories, and Dominions, and fuch other Ships, X'ellels, and Cioods as ,ire or ihall be liable to Confifcation, purfuant to the rcfpective Treaties between his Majtfty and other Princes, States, and Potjntatrs, and to bring the fame to Judgement in his Majefty's High Court of Admiralty oi England, or fuch other Court of Admiralty as fliall be lawfully authorized in that Behalf, for Proceedings and Adjudication, and Condemnation to be thereupon had, according to tlie Courfc of Admiralty and Law of Nations, with other Powers in the faid Commiffion exprcfied ; a Copy whereof, together with his Majefty's Inftrudtions umiIt his Royal Signet and Sign Manual, remains with you : TiiEsr, arc therefore to will and require you forthwith to caufe a Commiflion, or Letter of Marque, to be ilVued out of the High Court of Admiralty unto Commander of the Ship called the Burthen about Tons, mounted with Guns, and navigated with Men; to fet forth, in warlike Manner, the faid Ship called the whereof the faid is Commander, and fo apprehend, feize, and take the Ships, VelTcls, and Goods belonging to or the ValTals and Subjedls of the King, or others inhabiting within any of his Countries, Territories and Dominions, and fuch other Ships, Ve(rcls, and Goods as are or fliall be liable to Confifcation, purfuant to the refpedtive Treaties between his Majefty and other Princes, States, and Potentates, according to his Majefty's CoinmifTion and Inftrudtions aforefaid. And you arc to infert therein a Claufe, injoining the faid to keep an cxadt Journal of his Proceed- ings i and therein particularly to tajie Notice of all Prizes which fliall be taken by him, the Nature of fuch Prizes, the Time and Place of their being taken, and the Value of them as near as he can judge j as alfo the Station, Motion, and Strength of the Enemy, as well as he can difcover by the beft Intelligence he can 2 ueti 247 248 ^m : u l*!'' O^ PRIVATEERS. ^6t } of whlcli h« is, from Time to Time, as he Hull have Opportunity, to tranf- init an Account to our Secretary, and to keep Correfpondcnce with him by all Opportunities that fhall prefent. Provided always, that, before yoU iiTue fuch Commiflion, Security be given thereupon, according as is directed by his Majefty's Inftn; Jions aforementioned, and hath been ufed in fuch Cafes. The faid Com> miiTion to continue in Force Xmtil further Order : For which this Hiall be your Warrant. Given under our Hands, and the Seal of the Office of Admiralty, this Day of 17 To "Judge of the High Court of .. ' ■" yiJmira/()'. * • Bjf Command of their Lor J/hifi. ' • r^ff COMMISSION. ^EORGE the Second, by the Grace of God King of Great-Britain, Franctt *^ and Ire/and, Defender of the Faith; To all People to whom thcfc Pre- fcnts rtiall come, greeting : Whereas We, by our Declaration of the nineteenth Day of O£iol)er, in the Year of our Lord One tboufand Seven hundred and Thirty- nine, for the Reafbns therein contained, have declared War againll Spain; And whereas We, by our Declaration of the twenty-ninth Day of March, in the Year of our Lord One tboufand Seven hundred and Forty-four, for the Realons therein contained, have declared War againft Prance. And whereas We- by our Commiflion under our Great Seal of Great-Britain, bearing Date the eighteenth Day of June following, have willed, required, and authorized cur High Admiral of Great-Britain and Ireland, 6cc. for the Time being, nnd our Commiflioners for executing the Office of our High Admiral of Great- Britain and Ireland, tec, and the Commiffioners for executing the faid Office, for the Time being, or any three or more of them, to ifTuc forth and grant CommifTions to any of our loving Subjects, or others, whom our High Admiral nforefliid, or our faid Commiffioners for executing the faid Office, and the Commiffioners for executing the fame for the Time being, fhall deem fitly qualified in that Behalf, for the apprehending, feizing, and taking the Ships, VefTels, and Goods belonging to France and Spain, or the Valfals and Subj»5ts of the French King or King of Spain, or cither 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 Confifca- tion, purfuant to the refpedtive Tre-.ttie« between us and other Princes, States, and Potentates, and to bring the fame to Judgement in our High Court of Admiralty of England, or fuch other Court of Admiralty as fliall be lawfully authoriied in that Behalf for Proceedings and Adjudications, and Condemnation to be thereupon had, according to the Courfe of Admiralty and Laws of Nations, and with fuch Claufes to be therein inferred, and in fuch Manner, as by our faid Commiffion more at lai^e appeareth. And whereas our faid Commif- fioners for executing the Ofhce of our High Admiral aforefaid, have thought fitly qualified, who hath equipped, fur- nifhed, and vidualled a Ship called of the Burthen of about Tons, whereof he the faid is Commander. And whereas the faid hath given fuHicicnt Bail, with Sureties, to us irt our faid High Court of Admiralty, according to the EficA and Form fet down in our Inflruiftions made the faid eighteenth Day of June, One thou/and Seven hundred and Forty-four, and in the eighteenth Year of our Keign, a Copy whereof is given to the laid Captain Know yk i iikrekore, that We do by thefe Prcfents grant Commiffion to, and do licenfc nnd authorize the faid to fet forth in warlike Manner the fiiid Ship called the under his own Command ; and therewith, by Force of Arms, to apprehend, feize, and take the Ships, VefTels, antl Goods belonging to France and Spain, or the VafTals and Subjeds ef the FrcKch King or King of Spain, or either of them, or others inha- 6 biting tunity, to tranf- /ith him by all e yoii iflTue fuch by his Majefty'g The laid Corn- is (hall be your e of Admiralty, -Britain, France t whom thefc Prc- af the nineteenth nJreJ and TAir^- r againll Spatn; 1 Day of March, \rty-four, for the And whfreas ain, bearing Date I, and authorized the Time being, idmiral of Great- l the faid Office, : forth and grant 3ur High Admiral Office, and the I fhall deem fitly aking the Ships, fals and Subjedts others inhabiting nd Dominions, iable to Confifca- Princcs, States, High Court of lall be lawfully nd Condemnation ^aws of Nations, anncr, as by out iir faid Commif- id, have thought 1 equipped, fur- Burthen of about hath )urt of Admiralty, ns made the faid -four, and in the id Captain CommilTion to. It forth in warlike own Command ; take the Ships, flals and Subjefts or others inha- biting OF PRIVATEERS. biting within any of their or either of their Countries, Territories, and Do- minions, and fuch other Ships, Veffels, and Goods, as are or /hall be liable to Confifcation, purfuant to the refpedtive Treaties between us and other Princes, States, and Potentates, and to bring the fame to fuch Ports as (hall be moil con- venient in order to have them Icgalfy adjudged in our faid High Court of Admi- ralty of England, or before the Judges of fuch other Admiralty Court as (hall be lawfully authorized within our Dominions j which being condemned, it fliall and may be lawful for the faid to fell and difpofe of fuch Ships, Veffels, and Goods, fo adjudged and condemned in fuch Sort or Manner as by the Courfe of Admiralty hath been accuftomed, except in fuch Cafes where it is odierwife directed by our faid Inftrudtions. Provided always, that the faid keep an exaft Journal of his Proceedings, and therein particularly take Notice of all Prizes which (hall be taken by him, the Nature of fucii 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 as he or his Mariners can difcovcr by the beft Intelligence he can get, and alfo of whatfoever elfe (hall occur Unto him, or any of his Officers or Mariners, or be difcovered or difclofed unto him or them, or found out by Examination or Conference with any Mariners or Paffengers of, or in, any of the Ships or Veffels taken, or by any other Pcrfon or Perfons, or by any other Ways and Means whatfoever, touching or concerning the Dcfigns of the Enemies, or any of their Fleets, Veffels, or Parties, and of their Stations, Ports, and Places, and of their Intents therein, and of what Merchant Ships or Veffels of the Enemies bound out or home, or to any other Place, he or his Officers or Mariners (hall hear of, and of what clfe material in thofe Cafes may arrive to his or their Knowledge j of all which he (liall, from Time to Time, as he fhall or may have Opportunity, tranfmit an nccount to our High Admiral of Great-Britain for the Time being, or our faid Commiffioners for executing the Office of our High Admiral aforefaid, or the Commiffioners for executing that Office for the Time being, or their Secretary, and keep a Correfpondcnce with him or them by all Opportunities that (hall prcfent. And FURTHER PROVIDED, that nothing be done by the faid or any of his OtHcers, Mariners, and Company, contrary to the true Mean- ing of our aforefaid Inftrudtions, but that the faid Inilrudlions (hall be by them, and each and every of th^Mn, as far as they or any of them are therein concerned, in all Particulars well and duly performed and obfervcd. And Wc pray and defire all Kings, Princes, Potentates, Eftates, and Republicks, being our Friends and Allies, and all others to whom it (liall appertain, to give the faid all Aid, Affiftance, and Succour, in their Ports, with his faid Ship, Company and Prizes, without doing or fuffering to be done to him any Wrong, Trouble, or Hindrance j We offering to do the like when we (hall be by them thereunto dciired. And We will and require all our Officers whatfoever, to give him Succour and Affiftance as Occafion rtiall require. In Witness whereof we have cauled the Great Seal of our High Court of Admiralty of England to be hereunto affixed. Given at London the I^ay of in tlie Year of our Lord one tboufand /even hundred and forty four, and in the eighteenth Year of our Reign. 249 Ss t Extradl '!■• i ^ OFPRIVATEERS. ^ Extradl from the Rcgiftry of the High Court of Admiralty of England. GEORGE R. I N S T R U C V I O N S ySr the CommnJert offucb Merchant Ships and Vejfeh /if may have Letters of Marque, or Commijions for Private Men of ff^ar again/l the King of Spain, his Vajjals and Subjetls, or others inhabiting •within any of his Countries, Territories, or Dominions, by Virtue of our Commiljion granted under the Great Seal of Great- Britain, bearing Date the thirtieth Day of November, 1739. Given at our Court at St, James's, the thirtieth Dty of November, 1739, in the thirteenth Tear of our Reign. I. I-Y^ H 1 Sh AT it fhall be lawful for the faid Commanders of Merchant Ships and Veflcls authorifed by Letters of Marque, or Commiilions for private Men of War, to fet upon by Force of Arms, and fiibdue and take the Men of War, Ships, and other Veflcls whatfoever, as alio the Goods, Monies, and Merchandizes belonging to the King of Spain, his Vafl'als and Sul\icds, and others inhabiting vi^ithin any of his Countries, Territories, nnd Dominions ; and fuch other Ships, Velfcls, and Goods, as are, or Hiall be, liable to Confifcttion, purfuant to the Treaties between us and other Princes, States, and Potentates : But fo as that no HolHlity be committed, • lyt Prize attacked, feized, or taken, within the Harbours of Princes and States in Amity with us, or in their Rivers or Roads, within Shot of their Cannon. II. That all Ships, of what Nation focver, carrying any Soldiers, Arms, Powder, Ammunition, or any other contraband Goods, to any of the Terri- tories, Lands, Plantations, or Countries of the King of Spain, (hall b<: feized as Prizes. III. That the faid Commanders of fuch Merchant Ships and Velfcls Hiall bring fuch Ships and Goods as they have feized, or Ihall k> feize and take, to Inch Port of this our Realm of England, or fome other Port of our Dominions as fliall be moll convenient for them, in order to have the fame legally adjudged in our High Court of Admiralty of England, or before the Juilges of fuch other Admiralty Court, as ihall be l.uvfully authorifed witliiu our Dominions: But if liich Prize be taken in the Mediterranean, or within the Straits of Gibraltar, then the Captor may, if he doth not think fit to bring the dime to fome Port of England, or other our Dominions, carry fuch Ship and Goods into the Ports of fuch Princes or States as are in Alliance or Amity with us. IV. That after fuch Ship Ihall be taken and brought into any Pott, the Taker fliall be obliged to bring or fend, as foon as poflible may be, tiircc or four of the principal of the Company, whereof the Mailer and the Pilot 10 bj always two, of every Ship io brought into Port, before the Judge of the Ai- miralty of England, or his Surrogate, or before tlic Judge of llich other Ad- miralty Court, within our Dominions, as lliall be lawfully authorifed as aforc- fitid, or fuch as fliall be lawfully commilfioned in that Bclialf, to be fwoni and examined upon fuch Interrogatories as ihall tend to the Difcovcry of the Truth, touching the Intereft or Property of fuch Sliip or Ships, and of the Goods and Merchandizes found therein : And the Taker Ihall be further obliged at the Tiirie 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 fuch other Admiralty Courts within our Domi- nions, as fliull be lawfully authorized, or others commilHoned as aforefuid, all fuch I'ad'es, Sea-Uriefs, Charter-parties, Bills of Lading, Cockets, Letters, and other Documents and Writings as llull be delivered up, or found on board any fuch Ships ; the laid Taker or one of his chief Oflicers, who was prcfcnt and law the laid Pajicrs and Writings delivered up, or otherwifc found ou board at the Time of the Capture, making Oatli, that the faid Papers and Writings are OF PRIVATEERS. arc brought s. i,'>vcred in, as they were received or taken, without any Fraud, Addition, Subo ctiV .^ or Embezzlement. V. That fuch '. Goods, and Merchandizes, taken by Virtue of Letters of Marque, or Commiflions for private Men of War, (hall be kept and prc- iervcd, and no Part of them inall be fold, fpoiled, wafted, or diminiflied, and that the Bulk thereof fljall not be broken before Judgement be given in the High Court of Admiralty of England, or fome other Court of Admiralty lawfully authorized in that Behalf, that the Ships, Goods, and Merchandizes arc lawful Prize -, and that no Perfon or Perfons, taken or furprized in any Ship or VeiTel as aforefaid, though known to be of the Enemy's Party, Hiall be in cold Blood killed, maimed, or by Torture or Cruelty inhumanly treated, contrary to the common Ufage and juft PermilTlon of War ., and whofoever Ihall oifend in any of the Premiffes, fliall bt feverely punifhed. VI. That the faid Commanders of fuch Merchant Ships and Veflcls, who fhall obtain the faid Letters of Mar.^ue or Commiftions, as aforefaid, for pri- vate Men of War, (hall not do or attempt any Thing againft the true Mean- ing of any Article or Articles, Treaty or Treaties, depending between us and ' any of our Allies, touchijig the Freedom c " Commerce in the Time of War, and the Authority of the Pafi'ports, or Certi'icates under a certain Form in fome one of the Articles or Treaties Co depending between us and our Allies, as afore- faid, when produced and (hewed by any of the Subjects of our faid Allies ; and (hall not do or attempt any Thing againft our loving Subjects, or the Subjects of any Prince or Sta^. in Amity with us, nor againft their Ships, VelTcls or Goods, but only againft the King of S^uin, his Va(rals ^nd Subjedls, and others inhabiting within ius Countries, Territories, or Dominions, their Ships, Vedcls and Goods, except as before excepted ; and againft fuch other Ships, VeiTcls and Goods, as are or (hall be liable to Coniifcation. VII. That after Condemnation of any Prize, it (hall or may be lawful for the Commanders of fuch Merchant Ships or Ve(rels, or the Owners of the fame, to keep fuch and fo many Ships, V^c(rels, Goods, and Merchandizes as (hall be condemned to tiiem, for lawful Prize, in their own PoC^ftion; to make Sale or difpofe thereof in ojien Market, or otherwife, to their beft Advantage, in as ample Manner as at any Time heretofore has bee., accuftumed in Cafes of Let- ters of Marque, or of juft Prizes in Time of War; other than Wrt>i-.gh. Silks, Bengals, and Stu(rs mixed with Silk or Herba, of the Manufadtur. (;f Perjitif China, or Eajl-Indin, or Callicoes painted, dyed, printed or ftamcd there, which arc to be depofited for Exportation, according to the Direiftions of an Adl made in the eleventh year of tlic Reign of the late King H^illiam, entituled, jin A£t for the more effeSiual employing the Poor by encouraging the ManufaSiures of this Kingdom : And that it (lull be lawful for all Manner of Perfons as well our Subjects as others, according to Law, to buy the (iiid Ships, VclTcls, Goods, and Merchandi^^es, fo taken and condemned for lawful Prize, without any Da- m.ige or Moleftation to enfuc thereupon to the faid Buyers, or any of them, by Realbn of the contracting or dealing for the fame. VIII. That if any Ship or Veifci, belonging to us or our Subjeifls, or to our Allies or their Subjeds, (hall be found in Diftrefs, by bcirj, in Fight, fet upon or ukcn by the Enemy, the Captain, Officers, and Company, wlio (hall ha -e fuch Letters of Marque or CommitTion as aforefaid, (hall ufe their beft Endea- vours to give Aid and Succour to all fuch Ship or Ships, and (hall, to the utmoft of th^ir Power, labour to free the fame from the Enemy. IX. That our fubjedls, and all other Perfons whatfover, who (hall either in their own Perfons ferve, or bear any Charge, or Adventure, or in any Sort fur- ther or fet forward the faid Adventure, according to thefe Articles, (hall (land and be freed by Virtue of the faid Commiflion ; and that no Perfon be in any wife reputed or challenged for an Offender againft our Laws, but (hall be freed, under our Protedion, of and from all Trouble and Vexation that might in any wife grow thereby, in the fame Manner as any other our Subjedts ought to be by Law, in their aiding and aftifting us ; either in their own Per(bns, or otherwife, in a lawful War againft our declared Enemies. ^ X. That 25' R«»^ i , Ml 85* . O t F R I V A T 1. 1. R S. X. That the faid Commanders of fuch Merchant Ship', and Veflcls, or tlicir Owners or Agents, before the taking out CiommiHioiis, (liall give notice in Writing, fubfcribed wiih their Hands, to our Hier,;of. Exam. S A M i; n 1. Hill, Rcgiller. i ! ;* gi-^; << Tiie following arc futh Articles of Agreement as were commonly entered in by the Captains of Privateers, in the late War, and their Crews ; whieii I piibli... as a Copy for my Reailers to luvc Rteourlc to, i.t Cafes wherein future Ruptures may render them ufeful, xiz. nto iflj ARTICLES agreed between Captain yl. B. Commander of the Priviiti Man nf ff^tjr, called the Tri-rHik, with I'.ceiUy Guns mounted, carrying m'lif PounJ Shot, tiveiity limj's Piittiierocs, Jliir M.rttirs, and fomc ll^ill-Picas, manned with /i^'3 /.ninJrcJ Men, now lying at Cdmrcb- Hole, dcligncd to cruize iwainll the French and Span'uirtls, on the one Part; and the faid Ship's Company on the other, ■u'if'i<;//iti>: 1. That the fiid Captain y/. D. fur himfelf, anil in Ikhalf of the Owners of the fiid Ship Terrible, fljall pnt on board her great Guns, Swivels, Powder, Shot, and all (Uher warlike Anmuinition ncc ciTary for them ; as alfo fmall .>-ms, and Piovilions futlicient for the faid Sliip's Company for a fix Months' *...(. ze at Sea, from their failing i'lom the Doians ; in COnfideration of which, the Owners or their Alligns (lull be reimburfed, out of the firft Prize or Prizes taken by the fiid Ship 'terrible, before any Dividend is made thereof, the whole Charge of warlike Stores, great Guns and fmall Arms excepted, Vidlualling, Advance- Money, and the Expences the Owners are at for the Surgeon's Chert, and a Set of MuUck ; after which one Half ( f the nctt Proceeds of fuch Prize or Prizes as ihall be taken, to be for the Account of the Owners, and at the Dif- polition of tiie Managers ; and the other Half of fuch nctt Proceeds to be the fole Property of the Ship's Company ; the Captain's Share of which to be 6 \infjme 8] J»r Cent, and the Refidue to be divided in the Proportions Jiientioned in the cloveiitli Article of tlicfe Prefents. 2. That, for prcferving Decorum on board the faid private Man of War, no Man is to quit, or go out of her, on board of any other Vcffel or Veflels, or on Shore, without Leave obtained of tiie commanding OtTicer on board, under the Penalty of fuch Punilhment as fliall be elleemed proper by the Captain and Orticers. 3. Tiiat it (hall be entirely in the C.ij)tain's Power to cruize where he fliall cfteem moll beneficial for the Intciell of the (Owners and Ship's Company. \_lufjme, it is to cruize where the Managers, ami in others, where the Owners Jhiitl liireii .] 4. That if any Perfon be found a Ringleader of Mutiny, or caufing a Diftur- bance on board, reful'e to obey the C ommand of the Captain and Officers, behave with Cowardice, or get tirunk in Time of Adtion, he or tliey Ihall forfeit his or their Share, to be divided lunongll the Ship's Company j and be othcrwifc punillicd according to Law. 5. That all Clothes, Bedding, Watches, and Rings in wear. Buttons, Buckles, and what clfc is deemed fmall Plunder by Cuilom, is to be divided aiiiongll the Sijip's Company, according to their Icveral Stations ; the Captain not to intcrfciv with them : I'Ik' Cabin Utenfils, in prcfent Ufe, for the Com- m.uider. 6. i'liat if any Perfon (liiU (Ijal, or convert to his \](o,f Afllgns. 10. That for the further Encouragement of the faid private Man of War's Company, it is agreed, that the chief Officers rtiall have //jc Guineat, the petty Oflicers and able Seamenyiw Guineas, able bodied Landmen three Guineas, and Boys one Guinea, advanced to them in the Hope, [ In fame, the Ojjicers and Seamen have only Jive Guineas and the Landmen two.] 1 1 . That the Half of the nett Proceeds of all Prizes, taken by the Ship Ter- rilde 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 jhall be agreed] is taken thereout as above. When the Captain has not the above-mentioned 6 or 8 per Cent, but divides with the Ship's Company, he cjmmonly has ' Jharcs as follows, viz. Shares Shares 5; 3: is 3 2 3; 2 : The Captain » he firft Lieutenant The Iccond Lieutenant The third Lieutenant The MafVer The firft Mate The (ccond Mate The Surgeon The Surgeon's Mate 'I'he Lieutenant of Marines 3 The Gunner The Giiiiner's Mates, to each The Carpenter Tlic Carpenter's Mates, to each J lie Bo.itiwain 1 he IJoatlwoJa's Mates, to each I he Purler Tlie (-oopcr 1 [ i'he Muijtk, to each of them 12 6 6 5 5 4 3 4 3 4 3 3 2 3 2 Th- T' The to Can Mai. . t Amis i t rmourer ? idfliipmen, to Mch i 411a *cr Mafters, to each The C^uarter Gunners to each ! c I'orporal, to each i - - nc. Sailm.'.ker The Yeoman of the Powder Room The Ship's Steward The Captain's Ditto TIic M.iller of Languages The Captain's Clerk The Sliip's Cook The Cap.'.iii's Ditto The able Seamen, to each TJic able Laitdnien, to e.ich The Sea Hoys, to each The Land Boys, to each ; to I :to I :to to I I 1 I 'to I to or to T I > r I 12. That on the Death of tlic Captain, the Command do devtlve on the next f)iKccr, and lb on in Rotation ; and, for the F.ncour.igoine it of the able Seunen, and others, on the Lofs ofOtJitcrs, they are to be icjilacwl out of the Ship's t unipaiiv, according to their gallant Behaviour, as tlie Captain lii.tll appoint. 13. 'lliat whoever delJrts the laid i^h'ip Tenil>le, within the Time herc-Miider mentioned, (hail forfeit his Prize Money to tlic Owners and Company, to enable thtni to procure others in their Room. 14. Ail and every one or Imard does covenant and agree to fcrvc on board tl>e fiid Ship 'terrible, the Term of fix Months, beginning at the laid Ship's De- parture from the Downs. 15. And laftly, for the true Ptrformance of all, and every the aforementioned Covennnts and Agreements, each and every of tlie (aid Parties do bind tliem- klves, their Heirs, Executors, and Adminiftrators, in the prnal Sum of Jive '.undrcd I'ouiids, lawful Monek- of Great-Briiahi, firmly bv tlule I'relcnts : 4 ' Irt l^ aji$ o 1' 1' u i V A r F, i. K s. til VVitiu'fs wlurcof the I'n.l Paiti-s to thefc PivlLiits have lu-ivuiita fevcrall/ lit their Ilamls ;iikI i>e,ils, tlic Diy of in the Year ot* our IaiuI 1746, niul the Tweiuicth Year of the Reign of our Sovereign Lord King Gfjigf the SildmiI, The Woniing of Ranfom HilU has been various, though the Suhftancc the fune J I have therefore only adileil here the Fonn of one, whii h I give my Reiiiler, both in Ircncb and Eiiglljl:, as they arc cointnonly printed for I'rivateers to carry with thtm. , I John Stout, Commander of the pi Ivate '^ f War, called the Succffi, by Virtue of his /74<>» to feizc all Suhi>r«ih and VaTals, Ships, Goods, Monies and Ltfedts whatfocver, of the Vrvnch King, and King of Spain, having tai4e;i a Ship or \'eflel called the MaUn-uirux of A'antcs, whereof yohn Mnrtcl was Commander, Burden about two Hundred Toni, bonnd from the faid Port to Cadiz, under French Colours, laden with Wheat, in the Latitude of and Longitude front London \ the faid Ship and Cargo belonging to Melfr^. I.a BoiiiJ.niuige G? Comp. of Nantes, Sub- jcills of the Fitiicb King, wliich Ship and Wiieat I have agreed to ranfom for one 'Ilioiifand eight Hundred Pounds Sterling, to be paid in London, within two Months from the Date hereof, to the Order of Mr. James Fillpurjl ; In Con- lidcration whereof, I have fet the faid Ship and Cargo at Libertv, to proceed for the faid Port of Cadiz, where flic Hiall be obliged to arrive within the Space of thirty Days from the Date hereof, after the Expiration of which Time, this Agreement fhall not warrant her from being taken again by any Engii/Jj Ship of War or Privateer ; for the true Payment of which Ranfom, I have received as Hoftage, Mr. T/jomas Lecroy, belonging to the faid Ship, who is not to be fet at Liberty until the faid Ranfom be fully and truly paid, as abovemcntioned j I therefore pniy and defirc all Friends and Allies, to fuffer the faid Ship Malbeu- rcux, to pafs and proceed to the faid Port of Cadiz, without any Lett or Mo- Icllation within the faid covenanted Time. And I the faid yohn Martel, Com- mander of the faid Ship the Malheureux, as well in my own Name, as in the Name of the aforefaid Meflrs. La Bourdonnage & Comp. Owners of the faid Ship and Cargo, have voluntarily fubmitted myfclf to the Payment of tne faid Ran- fom of one Thoufand eight Hundred Pounds Sterling, in London, as aforefaid; for which I have given the faid Mr. Thomas Lecroy for Hoftage, who, upon the Payment of the faid Sum as agreed, Hiall b,: immediately rckafed and fet free, and at full Liberty to return to his own Country, or wherefocver he fhall think profier ; hereby promifing nr^t to adl contrary to the Conditions of this Agree- ment, whercunto we have, with the faid Holtage, interchangeably fet our Hands, on board the laid private Ship of War, this third Day of September, 1746. John Stout Signed and delivered in the Prefence of J°^» Martel. A. B, E. F. "Thomas Lecro\>. C. L\ C. H. Li I- renti JE Jean Stout, Commandant dc I'Armatcur nonnne le Succes, en Vertu d'une Commillion dune Lettrc de Marque de fa Majeftc Britannique, fignce a Londns Ic Vingt Qiiatricme Jour du Mois A'Aoiit, de 1' An 1746, pour prendre & faifir les Vailleaux, Biens, & Eftets des Sujets de la France & d' F/pagne, ayant faili lur, & pris, le Vailleau nomme le Malheureux de Nantes, fous Ic Commandc- ment de Monf. Jean Martel, autour du deux Cent Toneaux de Port, venant du dit Port, & deftinc pour celte-la dc Cadix, fous Pavilion Francois, charge de lik', dans Latitude de & Longitude de Londresy le dit Vaifleau & Cargaifon appartenant a Meflrs. La Bourdonnage OF PIRATES. BourJonnage Gf Comb, dc Nanus, Sujets du Roy Franfoh lequel Vaiircaii /< BIJ ie fuis convcnu de rantonntr, moycnnant la Somn. dc M. le 6c Huit Cent Livrcs St^r/ma, qui doit itrc payee a LoHt/rtj dans deux Mo.8 du Date dc ceci, ^ I'Ordre du Monf. Jaquet FiUpur/i -, U en Confideration du dit Sommc, jai rclachc & rcmis Ic dit Vaintau & Car^ifon en Liberie pour allcr au dit Port dc Cadix, oil il fcra tenu de le rcndrc dans le Terns Sc Efuace de Trentc Jours du Date dc telle, ci, apres I'Expiration du quel Terns le prtfcnt Traitc nc pourra la garantir d'etre arrets & pris par aucun Vaifleau de Guerre ou Armatcur. Pour Suret oy them, tliough not Subjedts to his Government. Pirates, though callai Enemies, are yet improperly termed fo, as they arc no y vc ilic Treaties irConvcniontvj It take tlicm by tcr another, for tlitir bccDming thought projjcr 'ooting aii thufe ,.cgcs. ■"rinccs to fup- r Refuge in any m, ami provide vc always done, ion Law of this adjudged, where one Careltfs, dptun t^ t FrtticA Man of War, and divers others, n„. jj„. attacked four Merchant-Ship*, going from the Port of Briftvl to Catrmartben, and '* *''• * robbed them of about looo/. for which he and the reft were arraigned, and found guilty of the Piracy. But, before the 25th of Edw. III. if the Subjedli of a foreign Nation and fomc EHgliJh had combined in the committing of Piracy, it would have been Treafon in the Englijh, and Felony in the Foreigners 1 an Inftance of which is quoted by Shard, where a Nonrwn, being Commaiiaer of a Ship, had, together 4» <^>/«- with Ibme Kngli/h, committed Robberies on the Sea, and being raken and triid, ';',,;,^J' they were found guilty, the A/brwan of Felony, and the iiW///" of Treafon, who /'V. «#/,».>, accordingly were drawn and hanged. But at thii Day, by the Laws Marine, ^'V '*• they would l)oth receive Judgement a< Felons, without Diftintftion. jff the Subjedls of a Prince at Enmity with the v^rown of EngltinJ, (hall fail aboard an Englijh Pirate, wiih otlier Englijh, and then a Robbery is committed by them, and thw are afterwards taken, it i« without doubt a Felony in the Englifl}, but not in the Foreigners j for they cannot be tried by Virtue of the Commiflion upon the Statute » for it was no Piracy in them, but the Deprcda- A/.//.>.iejur« tion of an Enemy, for which they fliall receive a Trial by Martial Law, and^]^;/'' Judgement accordingly. Piracies committed in the Rritifl} Sus, by the Subjedts of any Power in Amity *'/«''» M"* with the Crown of England, are \. operly punifhable by thisCrown only j and if j;^'^" ;^ ' '• a Spaniard robs a Frenchman on the High Sea, their Princes being both then in Amity with the Crown of England, and the Ship is brought into a Port of tliis Kingdom, the Frenchman may proceed CriminaliUr againft the Spaniard to punifh ^'*- '''J".'* him, and CiviliUr to have Reftitution of his Veirel ; but if the Veffel is carried °f'J|/s.. 5.'' injrd Prajidia * of that Prince by whofe Subjeft the lame was uken, there can " * ' be no Proceedings Ctviliter, and doubted it Criminaliter i but the Frenchman muft refort into the Captor's or Pirate's own Country, or where he carried the Ship, and there proceed. If a Piracy be attempted on the Ocean, and the Pirates are overcome, the W./;o>dejafc Captors may immediately punifh them with Death, and not be obliged to bring ^^"j''' '*• them into any Port, provided this occurs in Places where no legal Judgement can be obtained. And therefore, if a Ship fhould be on a Voyage to America, or on a Difcovery Ditto, of thofe .'.iits ftill unknown to us, and in her Way be attacked by a Pirate, whom fhe fortunately overcomes, in this Calc, by the Laws Marine, the Vcflel becomes the Captor's Property, and the Pinites may be immediately executed, without the Solemnity of Condemnation. So likcwife, if a Ship be afTaulted by Pirates, and in tlie Attempt tliey are A/«//«rJcJi.rc fubducd and taken, and carried into the next Port, if the Judge openly icjcds ^*''' ''•^'* their Trial, or the Captors cannot wait till Judgement Ihall be given, without certain Peril and Lofs, they may do Juftice on them themfclves, without further Delay or Attendance. If a Pirate at Sea attacks a Ship, and in the Engagement kills a Perfon in her, though he has not fucceeded in taking her, the Pirates arc all Principals in the Murder, if the Common Lata hath Jurifdidtion of the Cauie; but by the Law r„, \\ttAt, Marine they only who gave the Wound Hiall be Principals, if they can be known, »* ^''»' '"• and the reft AccclTaries j and where they have Cognizance of the Principal, the **' Courts at Common Law will fend them their Accef»iy, if he comes before them. A Dutchman, naturalized by the Duke of Savoy, and living at Filla Franca in iVAwrfn.Fol his Dominions, procured a Commiflion from the States of Holland, and coming '^^' ''^ to Leghorn, there rid with the Colours and Enfigns of the Duke of Savoy : The Englijh Ship Diamond, being then in Port, took in her Lading, and proceeded on her Voyage, in which (he was furprized and taken by that Caper, and carried into yUla Franca, and there condemned and fold j but sfter'n^rds returning to "^ England, the original Proprietors, having Notice oi it, vaade a Seizure 1 and upon Trial, Adjudication pafTed for them; for thr..;gh the Ship u/ War and Captors were of Savoy, and carried their Priz.^ 'J>uher, yet beiiiH taken by Virtue • Mirci'fRep. lie* ■"- ■ 26o Griiiui, Lib. 3. tap. 9. S. 15 anu 16, Lib. 8. Vol. 44 /-ju. !II M, j/fr».IV • , -. ad 1..-", RhoJ.ilcJaA L.:. 14 Ejiv. ni Trin. 7 7.\ 2 Part, trt'/lon's Cafe. If a Pirate attacks a Ship, and only takes away fome of her Men, with an In- tention to fell them for Slaves, this is Piracy by the Law Marine ; and if a Bale or r.ick of Merchandize be delivered to a Mafter to carry abroad to a certai i Port, and he goes away with it to another, and there fells ordifpolb of it j-, thi> is no Felony ; but if he opens the Bale or Pack, and takes any thing out, an/mj fiirandi, this Adl may amount to fuch a Larcery as he may be indidtcd for in the Admir.ilty, tliough it does not amount to a Reprifalia j yet if the laid Mailer lliould carry the Lading of this Ship to the Port appointed, and after rc-takc the whole Pacii. or Bale back again, this may amount to a Piracy ; for he being in the N;'tui-e of a common Carrier, the Delivery had taken its Efitedt, and the Privity of tiie Bailment is determined. In Cafe a Ship llull be attacked by a Pirate, and the MaAer for her Rcdcmp- \ tion ihall give his Oruh to pay a Sum certain j though tlierc be no Taking, )'et is the fame Piracy by the Law Marine ; but by the Common Law there nudl be an adual Taking, though it be but to the Value of a Penny, in tlie fame Manner as it is in a Robbery on the Highway. i\nd if a Ship fhall be riding at Anchor, witli Part of the Mariners in her Boat, and the roll on Shore, lo that none remain in the Ship, yet if Oic be attacked and robbed, the ilime is Piracy. A Merchant has procured Letters of Marque or Reprifc, and delivered the Commilfion to others to endeavour a Satisfadlion ; if thole lb connniliioiial com- mit I'lracy, the N'cflll is certainly forfeited ; but iheMcrch.mt is no w.iys liibic ti) make Satisfadion j for though the Sujierior by the Civil L;iw h anfwcmble for th^' Atftions of his Servants, yet as this Qiieflion mull be decided by tlic Law of Na- tions, in Virtue of which fuch Commillions arc awarded or granted, tlie Merchant by it will be exempted from anfwcring for the Behaviour of thoii; he cominil'- lioned, unlefs it can be proved he foreknew that they would commit fuch x Piracy, or Spoliation, or that he had any Way abetted or conlented to the fame, by which the Right may be forfeited, and the Civil Law let in, to ncqiiirc Sati.sfadion. If Goods are taken by a Pirate from one Ship, and he afterwards alt-icksanothc, by whom he is fubdued, he thereby becomes, according to tlie /,«/':.' M.irinc, an ablblute Prize to the Captor, alter a legal Condemnation. A'-.J, By the Statute of 27 Edw. III. Cap. 13. if a Merchant lolc his Gojds at .Sea by Piracy or Temjieft, not being wrecked, and they afterwards come '.o Land, il" he can make Proof they arc his Goods, they Ihall be reftored to liiri, in PhuL-. guildable, by the King's Orticers and fix Men of the Country ; and in otlio Places, by tiie Lords of them, or tlicir Orticers, with lix Men of tlic Counti) . If a Pirate takes Goods at Sea, and fcll-s them, the Property is not thereby changed, no more than if a Land Thief Aeals, and fells them. This Law liaih a great Atiinity with tiiat of the Roman, ca"ed Je U/U Cnptione, or the Ati-.ian L-fw 1 as Atinius therein emidtftd, that the Plea of Prefcriptioii, or long Poil/flion, flicvld not avail in Tilings that had been llolcii, but the Intercll which the ri jht Owners had (hould remain pcrjtctually. Thouyh • J BnljliiJe :b ^ F, Xaiii,r Caf, i. 1. S. j. iiat. Gkinil, lib. |o. C. n. 13 £«'-.■«•./ IV. ii OF PIRATES. 261 1 iiiift be carried lifTion (he was )uke of Savoy, mandcr's being thole to whom d for the fame wful *, as one i, for that the of Marque or State by whofs r Property, but , R. Brtnsnlr^^-, :n with an In- ; and if a Bale )ad to a certaii »les of it -[-, thi- hing out, animj diftcd for in the the liiid Mailer after rc-takc the • lie being in the and the Privity for her Rcdcuip- Taking, )'et is here nuiit be an latne Manner as incrs in her Boat, 1 be attacked and d dehvcrcd the miliional com- 10 ways liible to \vcr.ible for ihi ic Liiw of Ka- , tlie Merchant loic he cominif- coiiHuit futli .1 itcd ti) the fame, in, to acquire attacks anot he, ,/-.' M.tritu', an lis Gojiis at Sea umc '.o Land, il hii 1, in I'laie^ ai\d in otho of t)jc Countr) . lercby changed, Jc UJU Cnlners may call others, as therein is mentioned*, and the Perfons fo afl'emblcd may proceed, .according to the Courfc of the Admiralty, to iilue out Warrants for bringing Perfons accufed of Piracy or Robbery before them to be tried, and to fummon Witnell'es, and take Examinations, and do all Things neceOary for the Hearing and final Determi- nation of any Cafe of Piracy, GV. and to give Sentence of Death, and award Execution of the Offenders, who fhall thereupon futfer Lois of Lands, Goods, and Chattels. S. 5. So foon as any Court fliall be afTcmblcd, the King's CommifTion fhall be read, and the Court fliall be proclaimed, and then the Prclidcnt of the Court (lull taku the following Oath, viz. 7 A. B. lio /wear in tie Pre/htce of Almigbty God, that I li'ill truly and impar- t tally try and adjudge the Prifoner or Prijoners, wbich Jhall be brought upon Lis or their Triah before this Court, and honeflly and duly on my Part, put his Majijly's CommiJJion for the trying of them in Execution, according to the bcjt of my Skill and Knowledge ; and that J home no Jnterejl, diretlly or indiretily, in any SUp or Goods, for the piratically taking of •which any Perfon jlands accufcd, and is now to be tried So help me God, And he having taken this Oath, fhall adminifter the fame to every Perfon, who fhall fit and have Voice in the Court, and thereupon the Prilbncrs flwll bo brought before them; and then the Regiflcr fhall read the Articles again ft fUcli Prifoners, wherein fhall be let forth the particular Fads of Piracy, Robbery, and Felony, with the Time and Place, and in what Manner it was committed ; and each Prifoner fhall be afked, whether he be guilty or not guilty ; where- upon he fhall immediately plead guilty or not guilty, or clfe it fliall be taken as confelTed -, and if any Prifoner fhall plead not guilty, WitnefVcs fhall be pro- duced by the Regifler, and fworn and examined in tlx; I'rifoncr's Prcfence j and after a Witnefs has anfwered all the Queftions propofcd by tlie Prelidcnt, and yiven his Evidence, it fhall be lawful for the Prifoner to iiavc the Witncfs cro(s- cxamined, declaring to the Court what Qtieflions he would have aiked, and the I'refjdent or the Court fliall interrogate tlic Witncfs accordingly j and every d , Prifoner ■*s II nni) 12 »'///. III. C. 7. S. 6. b P P I R A T E S. 2B3 Prifoner f]»all have Liberty to bring VVitiiciTes for his Defence, who fhall be fworn and examined, and afterwards tlic Prifoner fhall be heard for himfclf; V. Iiich being done, the; I'rifoner ihall be taken away, a-^d all other Perfons, except the Rcgiflc-. fliall withdra'v ; and thr. Court fliali "onfider of the Evidence; and the Prelidcnt flull collect the Votes of tlie Court, beginning at the Junior, and ending with hinifelf; and, according to Plurality of Voices, Sentence fliall be given, and pronounced publickiy in tlic Prefence of the Prifoner, being called in again ; ami, according to fuch Sentence, the Perfons attainted fhall be put to Dea"!!), in fuch Aianncr, and in fuch Place upon the Sea, or within the Ebbing or Plowing thereof, as the Prelident, or the major Part of the Court, by Warrant diretikd to a Provoft-Marflial, which they fhall have Power to conftitute, fhall appoint. Some Publick Notary fliall be RegilVer of the Court ; and in cafe of his Ab- fcnce. Death, or Incapacity, or for Want of a Ptrfon fo qualified, the Prefident fliall appoint a Regifter, giving him an Oath, duly, faithfully, and impartially to execute his OfHce ; which Regifler /hall prepare all Warrants and Articles, and provide all Things requifite lor any Trial, according to the fubftantial and eifciitial Parts of Proceeding In a Court of Admiralty in the mofl fummary Way; ;ind fliall make Minutes of the Proceedings, and enter them in a Book, nnd fliall tianfinit the fame, with the Copies of all Articles and Judgements, unto the High Court of Admiralty of En^ldrnl. If iM)- of iiis Majcfly's Ships fltdl commit Piracy or Robbery, or any A(!t of S. 7. Uoflility, agaiiiA others his Majefly's Srbjeds upon the Sea, under Colour of any Conuiiiflion tVom any foreign State, or Authorl v from any Perfon whatfocvcr, fuch Ofi'enders, and every of them, fliall be adjudged Pirates, Felons, and Rob- bers; and being convidted, according to this Adt, or 28 Hen. Will. Cap. 15. fhidl fufler Pains of Death, and Lofs of Lands and Goods. If a Commander of a Ship, or any Mariner, fliall, in oi^.y Place where the s. 8. Admiral hath Jurifdidion, betray liis Truft, and turji Pirate, Enemy, or Rebel, and piratically and felonioufly run away with the Ship, or any Boat, Ordnance, Ammunition, or (ioods, or yield them up voluntarily to any Pirate, or fhall bring any fcducing Meffagcs from any Pirate, Enemy, or Rebel ; or confult, or confe- derate with, or attempt to corrupt any Commander, Oflicer, or Marnier, vto yield up or run away with any Ship or Goods, or turn Pirate, or go over to Pirates ; or if any Perfon fliall lay violent Hands on his Commander, to hinder him from fighting in Defence of ills Ship and Goods, or confine his Mafler, or endeavour to make a Revolt in the Ship, he fliall be adjudged a Pirate, Felon, and Robber, and being convicted, according to this Adt, fhall fuffer Death, and Lofs of Lands and Goods. All Perfons who fliall, cither on Lu.id or upon the Seas, knowingly fet forth S. 9. any Pirate, or aflifl or maintain, procure, command, counfel, or advife any Perfon to commit any Piracies or Robberies upoji the Sea.s and fuch Perion fli.dl thereujion commit any fuch Piracy or Robbeiy, all fuch Perfons fhall be ad- judged acceffary to fuch Piracy and Robbery ; and after any Piracy or Robbery committed, every Perfon who, knowing that fuch Pirate or Robber iias com- mitted fucli Robbery, fliall, on the Land or upon the Sea, receive, entertain, or conceal any fuch Pirate or Robber, or receive any Ship or Goocia by fuch Pinite or Robber, piratic;.lly and felonioufly taken, fhall be adjudged accellary to Iiich Piracy and Robbery; and all fuch Accefliiries may be enquired of, heard, unci determined, after tiie common Courfe of the La.w, according to the Statute 28 //i7/. Vni. Cap. 15. as the Principals of fuch Piracief and Robberies ought to be ; and, being attainted, fliall fulfer Death, and Lofs of Lands and Goods. \V hen an Engiijh Ship fluill have been defended by Fight againft Pirates, s. 10. and any of the Officers or Seamen are killed or wounded, the judge of the Admiralty, or his Surrogate in Louden, or the Mayor, or chief OlHcer in the Out-Ports, afiillcd by four fubflantial Merchants, may, by Procefs out of the faid Court, levy upon the Owners of luch Ships, L'c. a Sum not exceeding 2/. per Hundred, of the ^'alue of the Freight, Ship, and Goods, fb defended, to be 1 ( 1 1 1' 1 i . j 1 ul\ U'"^' i 4' ]i ■if 264 II anJ I u ./. Ill . c t* S. u • S. 12. r '}• 5.,+. S. 16. S.17. 4C«. I. C. 1 1. S. 7, S C. I. C. 24. S. I S. 1. S.J. S.4. S.J. O F P T R A T E S. be didrihiitcd among ^lic Officers arid aeamtn ~if t^c Uid Suips, 01 V/v'o vs arid Children of the (lain. A Reward of 10/. for every Vtit' 5 4 Iiui'iircd Ions or under,' nr 1 5,'. tor eviryonc of a j^reatcr Burthen, rtwll i.r paid L" thf Japiain, Commander, or M.lKr, to the firl^ Diftovcrrr c'' .in; Cv)rriivin?tion t' t running away with of dell.ojiiig any fucli Ship, at the Irort wh' -v the V" cigi <.re to be paid. This Ad (hall be in Force for fever. Ycai , &l\ AlaJe perpetual 6 Geo. I. Clip. 19. The Comniiflioneri appointed by 28 Hen. VIII. Cap. 15. or by this Aifb, fhall have the fole Power of hearing and determining the laid Crimes, within all the Plantations in yimtriecj, governed by Proprietors, or under Charter from the Crowr., and HliII illue llicir VVarrants for apprehending; my Pirates, &e. withirt any of the f.iid Plant.itions, in order to their being brought to Trial within the fame, or any other Plantation in America, or fent into England; and all Gover- nors, Ct". in tlie Plantations, governed by Proprietors or under Charters, rtuU afiift the CoiTimiirioncrs and Otficirs, and deliver up inc Pirates, cJ'f. in ord.r to their being tried, or font into England. If any of the (.Governors in the Plantations fhall refufe to yield Obedience ta this Att, fuch Refiifal is declared to be a lurleiturc of all Charters granted for the Government or Propriety of fuch Plantation. When any Commiffion, for the Trial and Punilhmcnt of the OfFenccs afcrc- faid, fhall be direded to any Place within the Jurifdidion of the Cinque Ports, fuch Commifllon (hall be dircded to the Lord 'Airden, cfr. All Olficers or Sailors, who ihall dcfi'i the Ships wherein they asc hired to fervc for that Voyage, fliall forfeit all Wages due to them. In Cafe any Mailer of a Merchant-Ship lliall, during his being abroad, force any Man on Shore, or wilfully leave hiin bthinJ in any ot his Majefty's Planta- tions, or ehinvhcre, or ihall refufe to brin^ !i !K' witli him all fuch of the Men return, fuch Maftcr (hall fufftr which he carried out, as arc in a Conditio;! three Months' Imprifonmcnt. All Perfons who (hall commit any OfFe •, cs for which they ought to be adjudged Pirates, by the AiX 1; a:id 12 IViil. Jll. Cap. 7. may be tried as by the Ad 2% Hen. VIII. Cap. 15. and '\\\>\\ be debarred from the Jicnefit of Clergy. Nothing in this Adt to extend to Scotland. By 8 Vn'o. I. Cap. 24. S. i, if any Coinmnnder of a Sliip, or other Pcrfu;i, (tall trade with any Pirate, o>- (hall tunii'h any Pirate, IVlon, or Robber, upoa the Seas, with Ammunition, F'rovjfio.i, or i-"fores, or (lull fit out itny Ship knowingly, and with a Dcfign to trade or r.^ricfpcMid witli any I'iratc, &,-. upo 1 the Seas ; or if any Perlon (hall cunlult, co.mbii;e, or corrclpond witli any Pirate-, Cf. knowing Km to be guilty of any Piracy, Felony, and Robbery, fuch O/temier (liall be ;"' ' . . (guilty of Piracy, which coiitri- •' buted to the Rupture between GViy;/-/^//^//;/ and //o//(/W, at the Clolc of the " Yair 1780. The Regency of yhnjlcrdam had not only proteded, but given «• every Aid in their I'ower to A;/// "Jones, a Native of Great-Britain, who, under " a Commilllon granted to him by the Rebel Subjeds of the King < '' Great-' " Britain in ylmerica, engaged and took his Majclty's Frigate the Scr '■is. ;> " S\ooyi cMcd ihc Counties of Scarborough, and two or three Britijh Men.' i;-,i- " Ships, all of which he carried to the Texel, and fold tlie Merch.'i V\.lie>s " and their Cargoes, lumfelf appcirir.g publickly on the Exchaugeof .. , -Irdam, «• where he was carertcd by the Merdiants, and tlie Magiltratcs fupplycd "un-i " with Provi(ions, Ammunition, dc. for relitling and putting to Sea, re. with- •' (landing the repeated Remonllrances of Sir y^y//)/' )'orf:e, the iir/Wy/j Mingles .t " tlie Hague, who demanded Rcftitution of the I g's Ships, and the SeiAire ul " Paul Jones the Pirate." If any Commander, or other O/iiccr, or Se.unan of a Merchant Ship, that iC«.i.>. 2<. carries (Juns and Arms, (liall not fight and endeavour to defend themd-lves whcn^-*- attacked by a Pirate, or llia'l utter any Words toililcourage the other Mariners from defending the Ship, by which Means (lie is taken by the I'iratc, in fuch Cale, the (aid Commander, Gc. (liall forfeit all the Wares due to him or them, to the ' )wnci of the Ship, and luffer lix Months' Imprifonr nt. No Marter, or Owner of any Mercnant Siiip, (hali pay to any Seaman beyond S. 7. the Seas, any Money or ElFct'ts on Account of Wages, exceeding one Moiety of the Wages due at the Time of fuch Payment, till fuch Ship (hall return 10 Great-Britain, Ireland, or the Plantations, or to ("ome other of his Maje(ty's Dominions whereto they belong, on Forfeiture of double the Money lo> paid, Cff, V y y This '^■^^■'iy,^^^:- ft66 OF PltlATfeS. t\ • CM.i.r 8. 10. 1 Ct. II. Ch. «i. Mm 30«. P. 7 1. Ditto, S. i6. ViJe 1 4 Jae. \n B. n. Nctrt 756. Plat:. 1044. 3 Inft. lit. l.Jnft. ]9l. 8.17. This AA flwll extend to all his Majefty's Dominions in jifia, Africa, 01 Ame- rica, and ftiali bei» publick Ad, and ihall continue (even Years, ^c. t/uide perfettuil 2 Geo. II. Cap. 28. Cit, }. inft. The Adt 1 1 and 1 2 ffi/l. III. Ch. 7. does not alter the Offence, or maito the Of. 'lit. Admir. fence Felony, but leaves it as it was before this Adt, viz. Felony only by tiic Civil Law, but givethaMeanof Tryal by the Common Law, and infllwteth Pains ot" Death, aii if they h.id been attainted of any Felony done upon the Land. The Lididtment mull mention the fame to be done on the high Sea. If any i'erfon be fclonioiifly ftrii ken or (toifoned upon the Sea, or at any Place out of England, and dies in England, or Aricken or jwifoned in Eng/ayid, and dies on the Scat or out of England, the F'aft is triable in any Country, according to the Courfc of the Common Law, except Challenges for the Hundred. A Pai-don of all Felonies does not extend to Piracy, but the fame ought ej^tcially to be named } and though there be a Forfeiture of Lands and Cioods, yet there is no Corruption of Blood, nor cin there bean Accejfaryof this' Offence tried by Virtue of this Statute, but if tlierc be an Acctjfary ujxin the Sea to a Piracy, he muft be tried by Civil Law. The Statute of 35 Hm. VIII. Cap. 2. takcth not away the Statute for Treafons done upon the Sea, nor is Clergy allowable to the Party on the Statute 28 Hen. VIII. Though a Port be Locus Puhlicus uli Pars Ocean;, yet it has been rcfolved more than once, with Rcfjicdl to all Ports, that not only the Town, but the Water is infr^ Corpus ComitatHs. MJ:yAe]>in If a Pirate enters into a Port or Haven of th;s Kingdom, nnd affaults and robs Nhr. p. VI. a Mcrclunt Ship at A.ichor there, this is not Piracy, Ix-caufe the fame is not dontJ'upiT altum mare, upon the high Sea, but a downright Robbery at Com- mon Law, for that the Ad is injrh Ccrbu: Comitatus, and was inquirabic and funifhable by the Comii^on Law before the Statute of 28 //<•«. VIII. Cap. 15. An nflance of which was in Hide G" Al. who robbed the Ship of one Capt. Slue of fome Merchandize, apjKrtaining to Mr. Mofs, a Merchant in London, and for which they wercindidted at the Common Law, and found guilty. Anno 22 Car. II. at the Old-lhuley. By the recited Adl of j i jrHI. III. it is, amongft other Things, enadled. That all Piracies and Robberies committed on the Sea, or in an) Haven or Place, where ihc Admirals have I'owc.' or Jurifdidlion, may be examined and adjudged, according 10 the Diredlions of tlie Adt, in any Place at Sea or Land, to be appointed by the King's Commillion, And alfo, that if any of his Majefty's nafural-b'irn Subjeds, or I)ct:izens of tliis Kingdom, (hall commit any Piracy or Robbery, or Adt of Iloftility, .igainft others of his Majefty's Subjeds on Sea, under Colour of Commiiiion from any fbregn Prince or State, or Pretence of Authority from any Perfoii, they ihall be ilecmed Pirates, Felons, and Robbers, and being convided according to the faid Adt, or of 28 Hen. VIII. therein recited, flwll lurfcr fuch Pains of Death, fisff. as Pirates, CiJ'r. ought to have andfuffer: And whereas, during the War with France and i.Sy>rt/«, divers Subjeds have entered into the Service of his Miijtftys Enemies, on board Privateers, or other Ships, having Commilhons from the Crowns of France iwA Spain, and committed Hofti- lities againft his Majefty's Subjeds on the beas, in the fye/i-lndies, &c. and as Doubts havearifen whether, as fuch Offenders have been guilty of High Trea- fon, they cm be guilty of Felony witliin the Iiftent of the liiid Adt, and as fuch be trycd by the Court of Admiralty thereby appointed ; to put an End to the faid Doubts, thcrtfore, // is emitted. That all Perfons, being natural-born Sub- jects or Denizens of his Majifty, who, during the prefent or any future Wars have committed, or (hall commit, any Hoftilitics on the Sea, or in any Haven, River, Crrck, or Place where the Admirals have Power of Jurildidtion, maybe tried as Pirates, Felons, and Robbers, in the faid Court of Admiralty, on Sliip- board, or on Land, as Perfons guilty of Piracy, Cjf. are by the faid Ad diredled to be tried J and being convidlcd thereof, Ihall fuffcr fuch Pains of Death, Lofs of Lauds, Goods, and Chattels, as other Pirates, (Sc. by the faid Adt of 1 1 H'HI. III. or any other Ad, ought to fuffer. < 3 •. Any 18. Cn. II, P. 659. r.66o. p. 661. OF PIRATES. 167 Any Pcrfon who rtiall be tryetl and acquitted, or conviAed according to this Aift, for any of the faid Crimes, Ihall not be tried again for the fiune Faft, as High Trcafon. ../.<- Nothing in this A(ft fhall extend to prevent any Pcrfons, guilty of any of iheis c«.ll. faid Crimes, who fliall not lie tried according to this AA, from being trycd for^'^''** High Trrafon within this Realm, according to the aforefaid A&. of 28 Hfn. Vlll. If luch a Robbery be made in a Creek or Port, in fiich Cafes, it has by fomeAf«n., 756. been conceivctl that CVt'rj;y is allowable, upon the Statute of 28 Hen, VIII. but ' 7«f. "'• if it be done/'N/';i6^ yutf/zanAcceirary to the Piracy; but on refcuing a Prifoner from an Officer of*"'". '7'. their's, they may examine the Caufe, but they cannot proceed criminally auainfl ^*°' the Ofi'ender. " ' " The Exemplification of the Sentence of the Court of Admiralty, under their Seal, is conclufive Evidence in a Court of Common Law. AndalthoughtheStatuteof 28//«». VIII. C. 15, does not alter the Offence, lord /?.,- or make it Felony, but leaves it as it was before that Statute, viz. Felony only '*"''' *93- by the Civil Law, and gives a Mean of Trial by the Common Law, and intlifted lueh Pains of Death, as if they had been attainted of any P'elony ; yet it was ■ rclolved by "all the Judges and the Reft of the Commirtioners then prefent, that hi& Majdty having gr.mted Lcttcri of Reprifhl f to Sir Edmund Turner and derge Larew, agauifl the Subjedh of the States General of the United Provinces whicii • iiff. Aiimir. f,l. ig, i6to. Cifcof C.«//M Ovriiln, * al. f Mentioned P. M4. 4^a O I' P I R A T F. S. whii h CiiAiit \vn? afterwards cillcd in by Protlamatbn, then notitial in tlic Trcity of litnlo, aiui finally fupprcllcd under the CJrcat Seal ; that fcveral hav- ing put in Mxcciition the fait a felonious and a piratical Spoliation in them, but a Caption in Oracr to an Adjuiiiiation ; and though the Authority tliey ailed under was deficient, yet not being iU)ne by the Captain and his Mariners, ^liiiun dpic- dtituli, it could by no Means be made I'ir'cy. It ha', 'icen cuftomary to grant Coinmidions to the Commanders of Sliip.« bound to tlic EiiJl-InJics, for the feizing of Pirates, and as I find they have always been to the lame Purpolc, though fometimes varioully worded, I lliall add the Coj^y of one of them taken from the Original. j4 N N E, K. •• y^S'XF, by the CJracc of Got!, Queen of E/zt' /,;// on a Ciibbet fixed by the River Side, as an Objed to deter others from lollowin:' fuch Courfes which might, looncr or later, bring tliein to tiie fame unhaiipy End. During the War, commenced in 1756, feveral Perfons, Mailers of Privateers, ^vc^c executed for Piracy ^ the F'atts were, tliat Neutral Ships, Du/ci> and a Da>i:t O 1 C O M V O Y S. KiJ* 269 were riripped in »hc Rtg/i;b Channel by fmall Priv.itcc.s. '^nd plupdorcd, fotnc- tiinc!. by the Mailers .uul IVopIc of the Privateer .li^uiUilixl, at otlicr Tiinci more openly. tliiU Article. 'I'his occaaoncd the new Adl concerning Frivatecrs,, infer ted under Of CoHvoys and Cruizers' TH F. Word Convoy, in a inc;cantile Senfc, means a Fleet, or any Numbct of Mcrcliant-Velleis failing togctlier to a particular Place of Deftinatioii under IVotc-aion. And the ProtciJtion grant.-d m them by the Marine I>cmrt- mcnt of the State to \vhich they belong, confilHng of one or more Ships of War, is likewife called a Convoy. Thk Kinc; or Gkea t-Britain in Time of War grants Convoys for the Protcdtion of his Subjcds carrying on their Commerce on the Ocean, iijwn Ap- plication being made bv the Merchants to the Commidioners for executing tlie Ortice of Lord High Admiral, who appoint fuch a I'orcc as they think propor- tioned to the Danger they are likely to encounter from the Fncmy on their ^'(>vages ; and, even in Times of Peace, Convoyj arc ordered by the (ioverimicnt to guard and defend our 'radingXedcls from the Allaults of Pirates, or Frw croachers on our Commerce, n.-rc efpecially in our Fi(heries, and other Parts of the h'i-li-Iti(lifs ; where they may be . .,,..;*>d to fuch Attacks by commercial In- truders. The failing inted by th- Admiralty to cruize in I'omc t;crtain Latitudes, in order to meet with, and apprehend, or deltroy the Lneniy ; they are generally of tlu fmalldl Rates, anvi mull by no Means leave their Statitms durmg tlie Time anijtcil, cxrceiit forced thereto fome Damai^e received, or by Slrefs of Weatlur. by the 6 Ami. Cap. 'L i. z by it OF CAPTURES, tee. was enaSlfiU that hefidc the I.inc of Battle Ships, forty-three otiieri (\\mV\ be cmployal as Cruizcrs and Convoys for the better Prclcrvafion of tradinj; VrlVcIs ; four of which were to be Third Kales i /ixlftn Fourth Rates, aiul the RcJl of futHcicnt Force to guard our Commerce j they were to attend, a% beiorc-mentioned, in certain Stations, and the CommiiTwners of the Admiralty may dit<*dt thofe of the Navy, or fome one or more I'erfons, refidciu at fiith Places as his Majcfty (h;ill appoint, to fuperintend and overlcc every 'I'hing relating to tl ofc Cruizers. Several fubicqucnt Acts have confirmed the above, and increafed the Number of Cruizers as Nccefllty has required, to the no ftiiall Security of our Maritime Intercft. Having now defcribed the different Modes of attacking *n Enemy at Sea under projier Authority, it follows in Order, that wc Ihould treat o fthc Cuiv- fcqucnce of Succefs, under the Articles Of Captures^ Condemnations y and Appeals. i M. \ •;■), «■.//« P. tlo. S. 17, I Have already had Occafion to mention fcvcral Circumftances conccrnlitg Prizes, under the preceding Article of lAttcrs of Marque, &c. however, (liall add a few more here, and begin with the DilHndions made concerning them, which are of three Sorts, vix, I . Ships and Good.s taken by Letter"! of Marque, and by Jus Reprifiiliarum. a. Thofe taken from Pirates or Sea Rovers ; and 1. Thofe taken from profelfed Enemies. 9 Am he firA, as has been before-mentioned, belong entirely to the Captors, after a legal Condemnation, as the fccond does after an Account thereof is given to the Admiral, and the third were to be proceeded in, according to the I'owcr which authorifcd the Capture. It has been alfo granted to Companies, to appropriate the Prizes made in Cap a.s.si. Confcqucnce of an InJfringcment of tneir Charters; as to the EaJi'Iiulie*, wjjo have a Right to all Ships, &c. trading within their Limits, for which they may fue in any of the Courts at WfJiminjUr j as that of the iiouth Si-ii may, though their Cirant is yet more ample, viz. The Company rtiall have all Ships and Goods which fhali be taken as Prize, by the Ships employed or liccnfed by it, within their Limits, or by fuch Ships of her MaJeAy, as Hie iliall allow for Defenfc of the Trade, without any Account, fave only that the Othcers and Stamen on board the faid Ships of her Majcfty, which (hall i)c airulini^ to the taking any fuch Ships or Goods as Prize, fhall have fuch Share thereof as her Majcdy fhall direct by the Charter of Incorporation ; and it ihall bu lawful for the Company and their Servants, and other Peri()iv- employai and liccnfed by them, to fcize by Force of Arms, the Perfons, Ships, Goods, or Effedts, of any of the Subjects of her Majefly, who llvall frc(|iieni, trade, or adventure into the Souti Seas, or other the Limits aforeiaid, ami to detain, to the Ufc of the Company, the Ships, Goods, and Eficdts, fo leized, and to fend into Grent -Britain the Perfons of fuch of the Subjedts of her Majefly as (lull be fo feizcd, in Order to their being profccnted according to Law. It has been obferved in a preceding Part of this Work, that no Prize can be difpoiisd of, nor any of her Cargo touched, till after a legal Condemnation in Set r. ijo, (j^g Court of Admiralty here, or clfewherc j and that no DcLiys be made in the *^ * Procefs, it is cnaSled, that the Judge of fuch Court lhall, if requcfled tliereto, iini(h vithin five Days, ©f . Appeals from the Vice-Admiralty Courts in America, and our other Plan- tations and Settlements, may be brought before tlic Court of Admiralty in Eng/tittd, as bcin;r a Branch of the Lord Higli Admiral's Jurifdidtion, though they may alfo be brought before the King in Council. But in Caii-s of i'rizc- Vcfluis taken in 1 'iiuu of War, in any Part of the World, aiid condemned in * any 1} G„. 11 P ijj * 7 On. I, Cap. ]|. ScA. i; j. Gtt. II. Cap. l.< ScA. 9. OF BILLS OF HEALTH, &c. 271 aViy Court of Adminlfy or Vicc-Adiiiirulty as 1. wful Prize, tlic Ap|v:al lies to the Commij/ioniri r/ ylpp,;i/j, and not to Jmlgcs Dclcgntcs. Aiul this by Virtue of divers Treaties witii loreign Naticms, by wliith particular Courts arc eftablifhcd in all the Maritime Countries of Eio-ip,- for ilic Deoifion of thii (^iieftion, lyhtrber lawful Prize or not f I'or thi< being a C^ieOion between Sub- jedls of different States, it belongs entirely to tlio !-a\v of iN'.itions, anil not to the municipal Laws of either Country, to dttcnninc it. The original Court for deciding this Queftion in Etigliind is the Court of Admiralty j ami the Court of Ap|>cal is in Effed the King's Privy Council, the Members of whicli arc, in Confcquentc of Treaties, commiflioncd under the Great Seal for thii Purpf)fc. The Commiflloncrs of Appeals, forincrlv ap|iointcd by our Sovereigns, were half tbcir Privy Counlcllori, and fonic others mentioned in the ApiH)intment, to whom Appeals were to be made, both at home and abroad, as above ; but as fomc Diriicultics arofc about the Commilllon, the following Ad was made to remedy and folve tlicm, viz. His Majefty, in order to bring Ap|Kals from Sentences in Caufes of Prices, t« Gn, \\, pronounced in the Courts of Admiralty, to a fpoedy UetenninUion, did, by his^'' "^' Commiffion, bearing Date the iith of '/w/y, m the twcnty-fecond Ye.ir of liis Reign, revoke a former Conuniffion granted to all his Majdly's tlicn Privy Counfellors, and all other his Privy Counfellors for the Time being, dining Plcafurej and did alfo, by the fame Commiffion, appoint all his Privy Counfellors then being, as alfo Sir 'Thomas ParLr, Knight, Lord Chief Uaron of the E.vi/bt- Jufr i Sir Martin fFright, Sir Thomas Dennijhn, and Sir Michael I'o/ifr, Knights, uftices of the Court of Kings-Bench -, Sir Tbonus Abney, Sir 'Thomas Burnet, p. lai. and Sir Thomas liirch. Knights, Jufticcj of the Court of Common- Pleas i Charles Clark, Edward Clive, and Heneage Legge, Efijrs. Barons of the Court of EWv- quer, and the Chief Baron of the Exc/'ejuer for the Time iK'ing, to be Commif- fioners, for hearing and determining fuch Appeals, during Pleafure, &c. and as fome Objedlions have been raifcd againft tnc laft-mentioned Commiffion, oa Account of the Lord Chief Baron of the Exchequer, the Jurtices of the King's^ Bench and Common-Pleas, and the Barons of the Exchequer, who were not of the Privy Council, being joined thvrein ; // is therefore cnaiJed, That the faid Com- miflton, and all the Powers granted therein, Ihall be deemed good in Law ; and the Commiffioncrs, as well the faid Lord Chief Baron, and the faid Judices and Barons therein named, and the Lord Chief Baron of the Excbeuuer, and the ^ulUccs of the King's-Bench and Common-Pleas, and ine Barons of tiie Exchequer, for the Time being, although they Hiould not be of the Privy Council, are impowered, during his Majcfty's Plealure, to receive and ilctcrmine all fuch • Apix-als, and to ufe all other Jurifdidions, accordi.ig to the true Intent of the litid Commiffion. No t^lentencc upon the Hearing of any fuch Appeal fliall be valid, unlefs a Majority of the Commiffioncrs prefcnt be of the Privy Council. ; Of Bii/s of Health and S^uarantine. TII E dreadful Ravages made by Peftilential Diforders in thofc Countries mod fubjedt to them, makes every Prince and State fearful of receiving tlie Infcdion, by the Admifiion of Goods from fufpedh:d Places ; and, to avoid it, they always iniift on Ships bringing Certificates from the Magiftracy of the Port they laft came from, declaring their Countiy to be free from any contagious Diftcmpcr : Thefe arc termed Bills of Health, of which Copies arc annexed, and, coming in this Form, they are called clean ones, in Oppofition to foul ones, which arc given to Ships when they proceed from infcded Places, and thefe always obftrudt their Admittance to trade, till they have performed a Quarantine of as many Days as the Guardians of Health, where they arrive, may judge neccffary, being commonly from ten to forty; on Expiration of ■which, it is cuftomary abroad for Phyficiaiis to examine the Ship's Crew, and ftria IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I l^|2£ |2.5 IL25 i 1.4 m 14 1.6 w^^'^ w ^ Photographic .Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 1 ^^ \ iV \\ ^ci- .^ '<^f^ I i 4 ,;- nautis, & prout aflervit viam " riirigit verlus quarc oramus ut ilU " cjusque nauta;, fimul cum mercibus, abfque dubio de valetudine peribnaiuii), ** & locorum unde veniunt, recipiantur. In quorum lidem has noftras Literal " manu Scrivx noftri firmitas &c flgillo Mayori nollri? civitatis mutiitas illi •' concedimus. DzXis Alicantis, Die Menfls . •• anno aNativitate Domini." Pro illujiri ^ Jemper fidelljjima civitate Alicantis* Of Embargoes or Reftraints of Princes. AN Embargo is commonly underftood to be a Prohibition of Ships failing on the breaking out of a War, to hinder their giving any Advice to the Enemy j but it has a much more extcnfive Signification j as tliey arc not only ftoppcJ from the aforementioned Motives, but are frequently detained to ferve a Prince in an Expedition ; and for this have often their Lading taken out, if a fuflicient Number of empty ones are not procurable to fupply the State's Neceffity, and this without any Regard to the Colours they bear, or whofe Subjefts they arc ; fo that it frequently happens, that many of the European Nations may be for- cibly united in the fame Service, at a Jundture that moft of their Sovereigns are at Peace and b Amity with the Nation againft which they arc obliged to ferve. Some have doubted of the Lega' ly of the Thing, but it is certainly conform- able to the Law both of Nature and Nations, for a Prince in DilVrels to make Ufe of whatever Veflels he finds in his Ports, that are fit for his Purpofe, and may contribute to the Succefles of his Enterprizes j but under this Condition, that he makes them a reafonable Recompence for their Trouble, and does not expofe either the Ships or Men to any Lofs or Damage. An Embargo laid on Ships and Merchandife in the Por-ts of Great-Britain by Virtue of the King's Proclamation is ftridlly legal, when the Proclamation docs not contradidi the old Laws, or tend to eftablifh new ones ; but only to enforce the Execution of fuch Laws as are already in being, in fuch Manner as the King fliall judge neccflary : Thus the eftablifhed Law is, that the King may prohibit any of his Subjedts leaving the Realm : A Proclamation therefore forbidding this in general for three Weeks, by laying an Embargo upon all Shipping in Time of War, will be equally binding as an Aft of Parliament, becaufe founded upon a prior Law. Blackjione's Comment. Vol. I. p. 270. But befides Embargoes in Time of War, there are others of a fpecial Nature, which fometimes arife from a very extraordinary Emergency in Time of Peace, and which are founded upon State Necejity, or the Solus Populi ; yet the Pro- clamations by which they are laid may be illegal, contradiding an eftabliflied Law. This was the Cafe refpedting the Embargo to prevent the Exportation of Corn in 1 766 ; fuch Exportation being allowed by Law at the Time ; and therefore the Preamble to the Stat. 7 Geo. III. C. 7. for indemnifying all Perfons advifing or adting under the Order of Council, laying an Embargo on all Ships laden with Corn or Flour, during the Rccefs of Parliament in 1766, fip " which Order could not be juJiiHed by Law, but was fo much for the Service " of the Publick, and fo neccflary for the Safety and Prefervation of his Majcfty's " Subjedts, that it ought to be juftified by Adl of Parliament". This Embargo, as was allowed, faved the People from Famine j yet it was declared illegal by the above Adl .of the Lcgiflature, including the King himfelf who laid it which was therefore needful to fandlify it j and the Proprietors of the embargoed Ships and Cargoes were accordingly indemnified by Government. ■ \ j^ OF PROTECTIONS AND PASSPORTS. VJf Of Prote&ionSi Paf ports, and Safe-ConduSls. PASSPORTS are commonly granted to Friends, and SAFE-CONDUCTS to Enemies, though Cuftom has made the Meaning of thofe Terms to be nuich the fame in this Place : In a military Treatife they would be differently c(jnilrued ; but they only lignify here that Protedtion a Prince affords to either Ships or Men againft the aforementioned Embargoes, or his granting to fomc Individuals a Leave to trade, denied to others, or his Permiffion for them to come into his Kingdom while a general Prohibition fubfifts, and fometimes even during a War with tht- State whofe Subjedts they are. This has often happened in our Difputes with Spain, where our Ships went currently in the licginning of the War commenced in 1718, and on many other Occallons, under the Protedtion of a Pafs, which his Catholick Majefty granted to feveral, and which ferved for one Voyage : Thefe Paffcs had Blanks left for the Names of Ships, Captains, Gff. and at firft coft about twenty Dollars ; though, when a Stop was put to granting anymore, their Price rofc in Proportion to their Scarcity ; and the few who had any remaining, made a very confiderable Advantage of them : The fame has been pradlifed by many of our former Kings, and confirmed by feveral fubfequent Adts, viz. In all Safe-Condudts to be granted to any Perfons, the Names of them, of the Ships, and of the Mafters, and the Number of the Mariners, with the Portage of the Ships, Oiall be cxpreffed. Merchants Aliens may lade Ships of Spain, and other Parts, Adverferies and Enemies of the King, if the Mafters or Merchants of fuch Ships have Letters Patent of the King of his Safe-Condudl, making Mention of the Name of the Ships, and of the Mafters j and if any fuch Ship charged with fuch Merchandizes of fuch Merchants be taken upon this Sea, by the King's People, not having the King's Letters Patent within the Board of fuch Ships at the Day of the taking, nor that fuch Letters Patent be in the Chancery inrolled, the Takers may enjoy the fame. All Letters of Safe-Condudl to be granted to the King's Enemies, or others, fhall be inrolled in Chancery, before fuch Letters be delivered; and all Letters of Safe-Condudl, not inrolled before Delivery, fliall be void. If any Goods be taken by the Subjedts of the King upon the Sea, charged in any Ship belonging to Enemies, not having Letters of Safe-Condudt inrolled, they that take the Goods (hall them enjoy. "The Subjedts taking fuch Ships, not having Letters of Safe-Condudt within the {lud Ships, and bringing them within the Realm, Ihall not be endamaged for fuch taking, if they be ready to make Reftitution, within reafonable Time after Knowledge is made to them of the Letters of Safe-Condudt, enrolled in Chancery before the taking. If any Subjedts attempt to offend upon the Sea, or in any Port under the King's Obedience, againft any Strangers in Amity, League, or Truce, or by Safe-Condudt, the Chancellor fliall have Authority to caufe fuch Perfon to be delivered, and the Goods or Ship taken to be reftored, Gfc. If any Perfon Ihall, within his Majefty 's Dominions, or without, falfely forge or counterfeit any Pafs for any Ship, commonly called a Mediterranean Pafs, or fliall alter or erafe any Pafs made out by the Commiflioners for executing the Ofhce of Lord High Admiral ; or fliall publifli as true any forged, altered, or erafed Pafs, knowing the fame to be forged, ^c. every fuch Perfon, being con- )'!a- ^^^ ^rent-Britain or Ireland, or his Majefty's Plantations, where fuch Ottence fliall be committed, fliall be guilty of Felony without Benefit of C lergy. There was formerly appointed in thefe Realms a Confervator of Safe-ConduSls. of them '"""^ ^"^°" ^""^ ^^'° ^''^ ^''^'^ °^ '^^"'"' '* "^^"""y leads me to treat . - 4B Of i;/ft/x.Vl. C.J. i«tt/f.VI. C. 8. 10 Hin. VI, C. 1. S. z. S.3. S.4. 3 1 Hen. VI. 4 G«. ir. C. 18. S. I, i:iV ■■! I ill I' ! I ai^ Ru. Part. 4 //. V. Numb. 4 ; Celt, 4 InlUt. 156. 4 Iiillit, 15Z OF LEAGUES AND TRUCES. Of Leagues and Truces, LE A G U E S or T K u c E s arc cither with Enemies, Friends, or Neuters, and tlioie made with the former are for a limited 'Time, or ferpcludl. Peil't-ituil is wlierc Peace linifljes all Uifputcs, and rtrtorcs a pcrfciit Amiiy between tlic contrading Parties. Anil TreatiLi for a Time are termed Truces, which are alfo general or piirticuli-.r, Gtueiuil Truces include all the Stites of both Princes, in regard to their Sub- jcfls and Commerce j whilft piirticuhir ones are only for certain Places, or certain Pcrfons, with a Limitation of tlicir Trade, and fometimes go no farther than a bare Sufpcniion of Arms. A Trtice, luiwcver, whether ^t-mrj/ or particular, is an Agreement on a Ccfla- tion of all Ilortilities during the Time ftipulated, and ought not to be infringed or broken on any Account : // frequently is a Parent of Peace, as it allows Rcxjm for Confideration, and to trc;it of it j and, befides, affords Opportunity for fettling the jarring IntcreUs of Princes, who arc to be comprehended in it. A general Truce is fometimes fettled for fo long a Term as to become equal to a Peace ; and Uich are commonly made betwixt Princes equal in Power, who are unwilling to quit any Thing of their fuppofed Right by Peace, and yet defire to live quietly in their prefeiit State, and by this Medium fatisfy their Point of Honour. Such Truces are likewife, from the foregoing Conlidcrations, Icfs fub- jeft to a Breach than a Peace that is made perpetual, as I'rinccs, who by this latter find themftlves aggrieved, will feek out plaufible Reafons to forfake or evade it j but in the otlier, when the limited Time is expired, they have only to renew or cxcufc it. Some Alliances are contradcd for an Entcrprizc, and for one fole Efted, in that Part in which the Allies are interefted ; and thefe are generally caWcA Leagues, and have been fometimes here confirmed by yl^ of Parliament, and arc iuch Agreements as are always ma Command of the Supreme Power ; and thele, n%\sx\\ AS Si:J'e-Cc!idui:ls, ZK .. !it 'o be of Record, that is, inrollcd in Chan- cery, that the Subjeds may 1 /ho are Friends, and can have Actions jjcrlbnal here, or who the contrary, anu can have none. . Leagues commonly are offcnjhe, and the ordinary Caufes for which Princes and Republicks make them arc either to facilitate a Conqucft, or to balance the Power of an ambitious and enterprifing Neighbour ; fuch were thofe entered into againft the Opukncy and growing Grcatnefs of the Spaniards, and iince in Oppo- fition to the Attempts oi Leinis XIV. to acquire univerfal Monarchy. But though Leagues are generally ojf'enjive, yet many are confined only to the dtj'enfive Part, and thcfe 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 Subjed may fufiice for a Place in a Mercantile Treatife, I ftaall not intrude any farther on my Reader's Thne or Patience by enlarging on it, but proceed to the Articles. Of Proclamations for War and Peace. THE proclaiming of War, or fettling of Peace, is one of the Royal Preroga- tives belonging to the Kings of Great-Britain ; but though it has always been exercifed by them, yet they have feldom failed to aik the Advice of Par- liament in both Cafes, and generally War or Peace are approved and confirmed by Parliament. Moreover, if the Conditions of Peace are found to be dithonourable or difadvantageous to the Nation by a Majority of the Reprefentatives of the People in Parliament, or of the Peers, an Impeachment will lie againft the Miniftcrs who have advifed them ; for the King can do no Wrong. And the lame Courfc may be taken when the Nation is improperly plunged in a War by the 2 Mal- M OF PROCLAMATIONS. 279 : alfo general or Mal-adminiftration of the King's Servants. There arc two Methods of engaging in a War with a foreign State ; the firft, and the moft honourable is by a Iblcinn Dccic ration pubUcicly proclaimal, Copici of which arc fent oiFtu all the Britilli Ambifladors, Minifters, and Confuls, refiding in the difFcrertt Countries, and at the Courts of all foreign Princes. This fervcs as a general Notice of the Rup- ture oetwecn the two Powers being irrcconcileable by Negociation, and prepares the Subjcfts of each State, fo that they may regulate their commercial Concerns accordingly. This Pradtice is founded on the Law of Nations, aiid ufcd for- merly to be one of the Criterions by which we diftinguillled a civilized People from Barbarians. At prefcnt, a fatal change in the Syftem of Politicks has taken Place j and the European Powers make no Scruple of going to War, without making the ufual Procliunations, to the great Injury of their Subjeds, who may entertain Hopes of a Reconciliation of Differences, fo long as fucii Declarations are fufpended, and may venture their Property on the Ocean, umicr the Sandtion of Peace, not imagining that Privateers and Ships of War will be authorized to feize them prior to a Declaration of War. No Nation can properly juftify this Conduit, and Poftcrity will load with Reproaches the Names of thofe Statclinen, whether SptmiJ/:, French, or Uiitijh, who fir't brought this foul Pradice into Ufe. It was ufual by Declarations of War to cut off all Intercourfe with the Enemies of our Country; but iince the late Cuftom of going to War with- out any publiek Proclamation, Intercourfes have been carried on highly detrimtiital to publiek Affairs, by thofe who perhaps did not look upon themklvcs as Traitors to their King and Country, whereas if a Proclamation had declared fucii Corrcfpondcnce to be treafonable, they would not have carried it on. War and Peace arc always proclaimed by the Herald at Arms, accompanied by proper Notaries and a Body of the Lifc-Guards ; and when tliey enter the City of London, tliey are joined by fome of tlie City OtHcers : The Procla- mation is read by the Notaries to the Herald, who repeats it, all being bare- headed, firfl: at St. James's, then at Charing-Crofs, Temple-Bar, Cheapjide, and the Royal-lixchange, When War is proclaimed, it is cuftomary to prohibit, though not always, all Commerce witii the Enemy, by interdiding the Entrance of any of the Conunodities of his Countiy into our's, as was done in the War with Spain in 1 740, by the following Ad of Parliament, viz. i'he Preamble fets forth that the repeated Infults, Depredations, and Cruel- 13 Ctt. \\. ties of the Spaniards had obliged his Majefty to make Ufe of the Power which ^- 5+^* God had given him, to vindicate the Honour of his Crown, and fccure to his Subjedts their undoubted Rights and Privileges of Navigation and Commerce j and in Order thereto, his Majefty, on juft and honourable Grounds, had , thought fit to declare War with Spain ; and it being highly requifite to pro- hibit all Commerce between his Majefty's Subjeds, and thofe of Spain in Europe, and to enforce fuch Prohibitions by fevere Penalties, // is enatled, that from and after the ift Day of June, 1740, no Goods whatever, of the Growth P. 544. or Manufadure of Old Spain, lying in Europe, or of the Canary IJlands, except Ciooiis taken and condemned as lawful Prize, and ordered to be fold as perifli- ablc, during the prefent War with Spain, fliall be imported into Great-Britain or Ireland, or tiie Ifles of Jerfey, Guernfey, Alderney, Sark, Man, Minorcai or the Town of Gibraltar, from any Place, mixed or unmixed with tlie Com- modities of the Growth or Produd of any other Nation, on Penalty of For- feiture of fuch Goods, and treble the Value, and of the Ship or Veflel, with all her Furniture, (^c. This Ad does not extend to hinder fuch Commodities belonging to the Kingdom of Sp which it may be his Duty to engage, or who upon Likelihood of Engagement fliall not make the neceffary Preparation for Fignt, and fhall not in his own Perfon, and according to hii Place, encourage the inferior Officers and Men to liglit courageouily, fliall fuffer Death, or other Punifhment, ^c. and if any Ptrfbn in the P'leet fliall treacheroufly or cowardly yield, or cry for Quarter, on being convidted, diall fuffer Death. 1 1 . Every Perfen in the Fleet who fliall not duly obferve the Orders of the Admiral, Flag-Officer, Commander of any Squadron or Divifion, or other iiis fuperior Officer, for aflailing, joining Battle with, or making Defence againll any Fleet, Squadron, or Ship, or fhall not obey the Orders of his fuperior Officer, in Tim? of Adtion, to the bcft of his Power, or flull not ufe all poflible • .. .' Endeavours % ){ i as in War, Ihall h€ in(;d. Ships of War, ih;ill o the Litiirg;- of thj ■efpcdUve Ships J ami igciitly, and that tlic eftv's Ships of War, unlicnncfs, Unclean- )nour, aiidCornipticn klartial fliall think lir c or entertain Intelli- roin the King or the ourt Martial, he ihall be conveyed to any on (liill not, within Dtficer with it ; or if t in convenient Time J offending fliall Uifur ters or Meflages from n the Fleet, they fljull • Rebel with Money, ker Supplies, dircdtly on board Ships which iginals (hall, by the rize, be f-^nt entirely |cr Court Oi Commii- ze be lawful Capture, :ording to Lav, upon out of any Prize any r the better fecuriiig ajefty's Ships of War, ccount of the Whole, nent paflfed upon the iding fliail forfeit his rs or Perfons on board ir evil-intreated, upon fliall fentencc. he Fleet, who, upon which it may be his fliall not make the erfun, and according It courageoully, fliall )n in the Fleet flull 3eing convidted, ihall rve the Orders of the )ivifion, or other his king Defence again ll )f his fupcrior Orficcr, not ufe all poflible Endeavours THfe ADMIRALTY. iS-^ Endeavours to put the feme effbdlually in Execution, being convidtcd thereof, /hall fufftr Death, &Ci 12. Every Perfon in the Fleet, who through Cowardice, Negligence, or DifafFeftion, fhall, in Time ofAdtion, withdraw or keep back, or not come into the Engagement, or fhall not do his utmoft to take or deftroy eveiy Ship which it fhall be his Duty to engage, and to afTifl and relieve all and every of his Majefly's Ships, or thofe of his Allies, which it fhall be his Duty to afTilt and relieve, being convidted thereof, fhall fufFei- Death. 13. Every Perfon in the Fleet, who, through Cowardice, Negligence, or DifafFedHon, fhall forbear to purfue the Chace of an Enemy, Pirate, or Rebel, beaten or flying; or fhall not relie/e and afllfl a known Friend Li View, to the utmoflofhis Power, being con vidted, fhall fufFer Death. 14. Ifany Adtion, or any Service fliall be commanded, and any Perfon in the Fleet fhall prefume to delay or difcourage the fame, upon Pretence of Ar- rears of Wages, or any Pretence whatfoever, and be convidled thereof, he fhall fuifer Death, &c. 15. Every Perfon in* or belonging to the Fleet, who fhall defert to the Ene- my, Pirate, or Rebel, or rUn away with any of his Majefly's Ship;, or any Ordnance, Ammunition, Stores, or Provifion belonging thereto, to ti>e weak- ening of the Service, or yield up the fame cowardlily or treacheroufly, being convidled, fhall fufFer Death. 16. Every Perfon in or belonging to the Fleet, who fhall defert or intice others fo to do, fhall fufFer Death, or fuch other Punifliment, as the Circum- ilances of the Offence fhall deferve, and a Court Martial fliall think fit; itnd if any Commanding Officer of any of his Majefly's Ships of War fhall receive or entertain a Deferter from any other of his Majefly's Ships, after difcovering him to be fuch, and fhall not, with all convenient Speed, give Notice to the Captain of the Ship, to which fuch Deferter belongs, or if the faid Ships are atanycon- fiderable Diflance from each other, to the Secretary of the Admiralty, or to the Commander in Chief, every Perfon fo offending, and being convifted, &c. fliall becafhiered. 17. The Officers and Seamen of all Ships appointed for Convoy of Merchant Ships, or ofanyothei*, fhall diligently attend upon that Charge without Delay, . according to their Inflrudlionsj and whofoever fliall be faulty therein, and fliall not perform their Duty, and defend the Ships and Goods in their Convoy, with cut cither diverting to other Parts, or Occafions, or refufing, or negledling to fight in their Defence, if they be affailed, or running away cowardlily, and fub- fiiitting the Convoy to Peril and Hazard, or fhall demand or cxadl any Money or other Reward from any Merchant or Mafler, for convoying of any Veffels intrufled to their Care, or fliall mifufe the Mafters or Mariners thereof, fhall be condemned to make Reparation of the Damage to the Merchants, Owners, or others, as the Court of Admiralty fhall adjudge, and alfo be puniflied accord- ing to the Quality of their Offences, by Death or other Punifhment, according as fliall be adjudged by the Court Martial. 18. Ifany Captain or other Oflicer of any of his Majefly's Ships fhall receive on board, or permit to be received on board fuch Ship, any Goods or Mer- chandize, other than for the fole Ufe of the Ship, except Gold, Silver, or Jewels, and except the Goods and Merchandizes belonging to any VefTel which may be fliipwrecked, or in imminent Danger of being fhipwrecked, either on the hl^h Seas, or in any Port, Creek, or Harbour, in order to the preferving them lor their proper Owners, and except fuch Goods or Merchandizes as he fhall be ordered to receive on board by Order of the Lord High Admiral of Great- Britain, or the Commiflioners for executing the faid Office, and be convidled 22 G„, 11. ifliercof, &c. he fliall be cafhicred, and be for ever afterwards rendered incapable ''• ^9+- to fcrve in any Place or Office in the Naval Service of his Majefly, dfc. 19. If any Perfon in, or belonging to the Fleet, fliall make or endeavour to make any mutinous Aflembly, upon any Pretence whatfoever, and be convidled thereof, &c. he fliall fuflcr Death: And ifany Perfon fliall utter any Words of Sedition or Mutiny he fluill fufFer Death, or fuch otlicr Punifliment as a Court 4 D Martial r fl h (i ;i . 'f> W' :||ll tiff 1 ^°pi,w|ir flBiii 1 •1 'mUHB lU^Hw iJiM B^HHI 11 Gee. V. P. 695. :8f, J U R I S D I C T I O N O F Mardal fliall deem him to dcfcrve: And if any Oirucr, Mariner, or Soldier; ihall behave himl'elf with Contempt to liis fupcrior Oiliter, iiich liiperior Of- ficer being in the Execution oihis OHice, he (liall be pimillied according to tlie Nature ot his Offence by the Judgement oi'a Court Martial. 20. If any Perfon in the Fleet (hall conceal any traiterous, or mutinous Pradice, or Dcfign, being convid-ed thereof, C*<;. he (Iiall fuffcr Death ; and if any Perfon fliall conceal any tniitcrous or mutinous Words fpokcn by any, to liie Prejudice of his Majefty or Government, or any Words, Pradices, or Dcfigns, tending to the Hindrance of the Service, and ihall not forthwith rc\cal the tluiie to the Commanding Officer, or being prelent at any Mutin;. or Sedition, {hull not ufe his utinoft Endeavours to fupprcfs the fame, he ihall be puniHied as a Court Martial thinks he deferves. 21. If any Perfon in the Fleet (hall find a Caufe of Complaint of the Unwholc- fomencfs of the Vidual, or other jull: Ground, he (hall quietly make the func known to his Superior, or Captain, or Commander in chief, as the Occaiioii may delerve, that liich prefent Remedy may be had as the Matter may require ; and the fiiid Superior, (s'r. (hall, as far as he is able, caufe the fame to be pre- fcntly remedied ; and no Perfon upon fuch, or any other Pretence, (liall attempt to ftir up any l)i(tnrbance, upon Pain of fuch Puniflinient as a Court Martial fliall think fit to inllift, ciV. 22. If any OtHcer or other Perfon in the I'ket (hall flrike any of his fupcrior Officers, or draw, or offer to draw, or lift up any Weapon ag.iind: him, being in the Execution of his Office, on any Pretence whatfoever, and be convided thereof, £^c. he fhall fuffer Death ; and if my Perfon fliall prefumc to quaml with any of his fuperior Officers, being in the Execution of his Ollice, or (liiil difobey any lawful Command of any of his fupcrior Officers, and be convidlcd thereof, Csfc. he fliall fuffer Death, (Sc. 23. If any Perfon in the Fleet (hall quarrel, or fight with any other Perfon in the Fleet, or ufe reproachful or provoking Speeches, or Geftur;?, tending to make any Quarrel or Difl;urbance, he fliall, upon being convidkd, fuffer fuch Punifliment as the Offence (hall dcfcrve, and a COurt Martial (hall impofe. 24. There fliall be no wafteful Expencc of any Powder, Shot, Ammunition, or other atores in the Fleet, nor any Embczzlcmeiit tliercof, but the Stores and Provilions (hall be carefully prefcrved, upon Pain of fuch Punifliment to the Offenders, Abettors, Buyers, and Receivers, being Perfons fubjcd to Naval Dii'cipline, as fliall be by a Court Martial found juft. 25. Every Perfon in the Fleet, who fliall inilawfully h..rn, or let Fire to any Magazine or Store of Powder, or Ship, Boat, Ketch, Hoy, or Veflel, or Tackle, or F\irniture thereunto belonging, not then appertaining to r.n Enemy, Pir.Uo, or Rebel, being convidted of any fuch Offence, by the t'intence of a Court Martial, (hall fuffer Death. ?. 6g6. 26. Care fliall be taken in the conducing and fleering any of his Majcfly's Ships, that through Wilfulnefs, Negligence, or other Defliults, no Ship he fl:randed, or run upon any Rocks or Sands, or fplit, or hazarded, upon I'aia that fuch as fliall be found guilty therein, be puniflied by Death, (sc. 27. No Perfon in, or belonging to the Fleet, fliall ..eep upon his Watch, negligently perform the Duty impofed upon him, or forfake his Station upon Pain of Death, (Jc. 28. All Murders committed by any Perfon in the Fleet, fliall be punilhcd with Death, &c. 29. If any Perfon in the Fleet (hall commit the unnatural and detefirable Sin of Buggery or Sodomy, with Man or Beafl, he ffiall be puniflied \'.it'i Death, &c. 30. All Roobery committed by any Perfon in the Fleet, fliall be puniflied with Death, &c. 31. Every Officer, or other Perfon in tlie Fleet, who fliall knowingly make, , or lign a falfe Mufter, or Muller Book, or who fliall command, counfel, 0: procure the making or figning thereof, fliall, upon Proof of any fuch Offence, &'c. be cafliiered, and rendered incapable of furtlier Employment in his Majefly's Naval Service. 6 . ' 32. No T.H E ADMIRALTY. iif incr, or Soldier; ;h llijvrior ()!"- iccording to tlic IS, or mutinoui r Dculi ; and it II by -any, to tht; les, or Dcligns, li rc\c.il the l;\nw 3r Sedition, fhull c puniHicd as a ot" the Unwhole- ' make the fame as the Occalion ;ter may require ; fame to be pre- ce, fliall attempt i a Court Martial ly of his fuperior .liiift him, being uid be convided efume to quarrel is Ollice, or (liiU and be con\'ided ly other Perfon It lurvS, tending to idkd, fuffer fuch liall impofe. ot. Ammunition, lut the Stores and unilhment to the fubjedl to Naval r fet Fire to any ^eflel, or Tackle, Enemy, Pirate, tence of a Court of his Majefly's Its, no Ship i>c rded, upon l\ii;i ith, Gv. mn his Watcli, his Station upon hall be puniflicJ al and deteflable punifhed with hall be punilhcd knowingly make, land, counfel, o: iiy fuch Offence, t ill his Majelty's 32. No Provoft-IVlnr/lial belonging to the Fleet (hall, rcfufe to apprehend " c«. ' I. any Criminal, whom he lliall he autliorifed, by legal Warrant, to lujprchcnd, "^'' or to receive, or keep any Prifoncr committed to his Charge, or wilfully fufter him to efcape, being once in his Cuftody, or difmifs him without lawful Order, upon Pain of fuch I'uniiluncnt as a Court Martial fliall deem him to deferve ; and all Officers, and others in tlie Fleet, fliall do their Endeavour to detedl, apprehend, and bring to Puni/hment all Offenders, anil fliall aflift the Oflicers appointed for that Purpolc therein, upon Pain of being proceeded againfl:, arid puniflied by a Court Martial, &c. 3-!. If any Flag Officer, Captain, or Commander, or Lieutenant belonging to the Fleet, fliall be convidled before a Court Martial, of behaving in a fcandalous, infamous, cruel, oppreffivcj or fraudulent Manner, unbecoming the Charaftci of an OiHcer, he iball be difmiffed from his Majefty's Service. 34. Every Perfon being in adual Service, and full Pay, and Pal-t of the Cre\V belonging to any of his Majefty's Ships of War, who fliall be guilty of Mutiny, Defertion, or Difobediencc to any lawful Command, in any Part of his Majefty's Dominions on Shore, when in aftual Service relative to the Fleet, fliall 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 adlual Service, and full Pay in his Majefly's Ships of War, fhall commit upon the Shore, in any Place out of his Majefty's Dominions, any of the Crimes punifhable by thefe Articles and Orders, he fliall be liable to be tried and puniflied for the fame, in like Manner, as if t!ic laid Crimes had been committed at Sea. 36. All other Crimes, not capital, committed by any Perfon in the Fleet, which are not mentioned in this Aft, or for which no Punifliment is hereby direfted to be inflided, fliall be puniflied according to the Laws and Cuftoms in fuch Cafes uled at Sea. No Perfon convidted of any Offence, fliall, by the Senter of any Court p.ejs; Martial, be adjudged to be imprifoned for a longer Term than two Years. No Court Martial fhall proceed to the Punifliment, or Trial of any Offence, except the Offences fpecified in the 5th, 34th, and 35th of the foregoing Ar- ticles and Orders, which fliall not be committed upon the nuin Sea, or in great Rivers only, beneath the Bridges of the faid Rivers nigh to the Sea, or inTany Haven, River, or Creek, within the Jurifdidion of the Admiralty, and which fliall not be committed by fuch Perlbns, as, at the Time of the Offence, fliall be in adual Service, and full Pay in the Fleet ; fuch Perfons only excepted, and for fuch Offences only, as are defcribed in the 5th and the foregoing Articles and Orders. No Court Martial, conftituted by Virtue of this Ad, fliall proceed to the Punifhment 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 of December, 1749, the Lord High Admiral of Grcac-Brituin, or the Commiffioners for executing the faid Otiicc, are im- powered to grant Commiffions to the Commanders in chief of any Fleet or Squadron of Ships of War, to call and affemble Courts Martial, co;ififting bf Commanders and Captains , and if fuch Commander in Chief fhall die, be recalled or removed from his Command, then the Oflicer upon whom the faid Command fliall from Time to Time devolve, fhall have the fame Power to call and affemble Courts Martial, as the firfl Commander in Chief fliall be inverted with. No Commander in Cl.ief of any Fleet ot Squadron of his Majefty's Ships, or P. 699. Detachment thereof, conlif>ing of more than five Ships, fliall prefide at any Court Martial in foreign Parts ; but the next Officer in Command fliall hold fuch Court Martial and prefide thereat. From and after the 25th Day oi December, 1749, if any Commander in Chief in foreign Parts fliall detach any Part of his Fleet or Squadron, he fliall by Wntmg, under his Hand, impower the cliief Commander of the Squadron or Detachment 32- No Jt-JH m- i i\ ' ■ 9*' IX Gts, II. P. 700. 288 .rUillSDICTlONdtr Detachment ordered on fuch feparate Service, and in Cafe of his Death or Re- moval, the Officer to whom the Command ftiall belong, to hold Courts Martial during the Time of fuch feparate Service, or until he fhall return to his Com- mander in Chief, or fhall come under the Command of any other his fuperior Officer, or return to Great-Britain or Ireland. Where any material Objection 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 Commiflioncrs 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 25 th of December ^ 1749, the Lord High Admiral, or the Commiffioners for executing the faid Office, are impowercd to diredt any Flag Officer or Captain of any of his Majefty's Ships of War who fhall be in any Port of Great-Britain or Ireland, to hold Courts Martial in fuch Port, provided fuch Officer be the iirft, fecond, or third in Command in fuch Port, as (hall be found mofl 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 fhall confifl of more than thirteen, or of !efs than five Perfons, to be compofed of fuch Flag Officers, Captains, or Commanders, then and there prefent, as are next ia Seniority to the Officer who prefides at the Court Martial. The Lord High Admiral, or the Commiffioners for executing the faid Office, or any Officer impowered to order or hold Courts Martial, fhall not diredl ot afcertain the particular Number of Perfons of which any Court Martial fhall confifl. p.-o,. If any Court Martial fhall 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 Port Captain, or of a fuperior Rank to be found, the Officer who is to prefide fli;ill call to his Affiflance -as many of the Commanders of his Majefly's VefTels under that Rank as, together with the Pofl Captains, will make up the Nuc is Commander irr Ticket to the lie Certificate of \ Defcription ot' : Day when fucli ;amination, (Iv.ill ftcr making liitli ch Certificite at fiich Ccrtiticate, , nii'.ll tcllify the livercd him, and Illy, without Fco i to the Navy- ic paid as if the cing deiirous to niiilio!KT refidc^j I of the Trutli ivho, within four atlierwifc a Copy liall caufc imme- And fend fucli be received anJ intil Payment is in Perfon, or tlic laiiy, the Ticket made out. Coinmander, be Commander lliall iiid fanfmit the artcrs ; and if lie Certiticate of his him ; and if he ?ji-Drittiin, fiK.h the Certificate, )ard, who arc to to caufe it to he n four 13ays, to iges, and to fend ment to be made notwithftanding larters, until the not be delayed, 'ed at the Navy- "icket, or Pay- es. real -Britain, or the Commander over, and (hall 1 if any of them Wife, Father, Vagcs then due, except . . THE A n M I n A I. T Y except the laft fix Months, Dionld be paid to his did Wife, Father; or Mother, by the Receiver-CIencr.d of the Land-Tax, Colledor ot t!ie Cuftoms, Col- Icrtor of tl ; Kxcife, or Cleik of the Cheque at any Dock- Yard, the Com- niaiider is to fend a Lill of fuch Pcrfons to the Navy-Board, who fliall make cut two Bills fnr the Payment of the Wages lb allotted by each Perfon, one of them to be ieiit to the Perfons refpedivcly fjxrcified in fuch Lifts, and the other to the Receiver, G'c. And if the Perfon to whom any fuch Bill is fent, (hall, within lix Months of the Date thereof, produce the fame to fuch Re- ceivcr» dfc. together with a Certificate, properly authenticated of their being the Wife, Father, or Mother, of fuch Ofhcer or Seaman relpedlivel^ , fucli Receiver, fcV. upon being fatisfied of the Truth of fuch Certificate, which he is to enquire into ujion the Oath of the Perfon producing the fame, is imme- diately, without Fee or Reward, to pay the Sum mentioned in fuch Bill, taking a Receipt. Such Bill, together with the Duplicate thereof, being pro- duced at the Navy-OtHce, Ihall be immediately afligned for Payment by the CommilTioncrs of the Navy, and repaid by the Trcafurer to fuch Receiver, &c. or their Orders : But if Payment of the Bill be not demanded within fix Months, the Sum contained hi fuch Bill, is to be repaid to fuch inferior Oflicer or Seaniiin, t'. . Ill like Manner when Wages iliall be paid at the Pay-Officc or any of the Out-Ports, any inferior OtHcer or Seaman, defirous to remit the Whole or any Part of his Wages to his Wife, Children, Parents, or any other Perfon, may have a Bill for the (iime, as in the laft Claufe. If any Receiver, Gff. Avail not have in his Hands publick Money fufficient to pay any Bill tendered, and fhall refufe Payment thereof, he is to indorfe on tlic Back of the Bill the Caufe of his Delay, and appoint for Payment fome Day within two Months. And if any Receiver, &c. fliall unnecellarily refufe Payment, or he or any Peribn employed under him, take any Gratuity for fuch Payment, any three Commiliioners of the Branch of Bufinefs he is under, may fine fuch Peribn in any Sum not exceeding fifty Pounds j to be levied as are thofe for Offences againfl the Laws of Cuftoms and Excife, and to be paid to the Informer. The Wages, Cf. earned by an indentured Apprentice, fliall be paid to his Mafter, as hath been ufual, unlefs fuch Apprentice was above eighteen Years of Age, when his Indentures were executed, or fliall be rated as Servant to an OlFicer, to whom fuch Apprenticefliip is not known j in which Cafe the OtHcer fliall be entitled to the Pay, according to the Practice of the Navy. Commanders of Ships are to tranfmit to the Navy-Board, complete Pay- Books, and Lifts, and Tickets made out, and alfo once in two Months Mufter- Books, not only for the faid two Months, but from the Time the Ship fliall have been in Commiflion, or was laft paid; on Failure, the Navy-Board are not to grant them the General Certificate for their Wages, unlefs by particular Order from the Lords of the Admiralty, in Cafes of Neceflity, and its being made appear to them, that their Diredtions were compl-el with as far as the Nature of the Service would admit, and as fafe Opportunities offered : And if any Commander fliall not exculpate himfelf within twelve Months after his Arrival in Great-Britain, he fliall forfeit all his Wages to the Cheft at Chatham ; and be liable to fuch other Punilhment, not extending to Life and Limb, as a Court Martial fliall inflidl. No Letters of Attorney made by inferior OfKcers or Seamen, or their Exe- cutors, idc. (hall be valid, unlefs declared therein revocable, and unlefs the fame be figned before and attefted by the Commander, and another of the figning Oriicers, or by a Clerk of the Cheque j and if made after fuch Perfon lh.ill be difcharged from the Service, then to be figned before, and attefted by, the Chief Magiftrate where fuch Seamen fliall refide j or if made by Executors, &t . to be ligncd before, and attefted by, the Minifter and Churchwardens, or in Scxland, by the Minifter and two Elders, of the Parifti where fuch Executors, iic. relide. 4,F All 293 •■»', I hi I ■ ,'i i 1 m 1 ■w m 2g^ JURISDICTION OF Tllli ADMIRALTY. All Letters of Attorney, other than fuch as are tn.ule and attctkd as aforciaiLl, are null and vuid. No more ihan jr. rtiall be taken by any Ecclefiadical Court, Gfi'. for thi- Probate of any Will or Letter of Adminiriration, granted to the W'iilow, Children, Parents, Brothers, or Sifters, of inferior Otlicers, .Seamen, or M.i- rincrs dying in the Service, and for attending the fame, unlLfs the Goocb and Chattels arc of the Value of 20/. nor more tiian 2s. uiilefs the Value ot 40/. nor more than 3/. unlefs the Value of 60/. nor more than ir. for illiiiii;; Commilhons to fwcar fuch Widows, &c. being Executors or Adminiftratois to inferior Officers, &i\ unlefs the Good" • Chattels arc of tlie Value of 20/. nor more than 2(. unlefs of the V if 40/. nor more than 3^. unlcl, of the Value of 60/. under Penalty of to be paid by the Offender 10 the Party aggrieved, to be recovered with .ull Cofts of Suit in any Court of Record. Whofocver fliall perfonate or affume the Name or Charartcr, or procure any other, to perfonate or falfcly to all'umc the Name or Charafter of any Oriiccr, Seaman, or other Perfon, intitled to Wages, &c. for Service done in the Royal Navy, or of the Executor, Adminiltrator, Wife, Relation, or Creditor, of any Officer, Ofc. in Order to receive any Wages, C^i. or ihall forge or counterfeit, or procure to be forged or counterfeited, any Letter of Attorney, or otlur Power in Order to receive any Wages, &c. or (hall willingly or knowingly take a falfe Oath, or procure a flilfe Oath to be taken, to obtain the Probate ot a Will or Letters of Adminiftration, in Order to receive any Wages, tisTf. due, or fuppofcd to be due, (kill be guilty of Felony, and fuffer Death. When the Pay-Books are clofed. Tickets (hall be made out, on Application to the Navy-Board, to the Seamen who (hall not have received their Wagcj ) and (uch Tickets (hall be paid in Courfc once a Month. Britijh Ciovernors, Minifters, and Confuls, redding at foreign Parts, or any two Britijb Merchants, are required to provide for Seafaring Men and Boy, Subjects of Great-Britain, who (hall be in foreign Parts by Shipwreck, Cap- ture, or other unavoidable Accidents, or who (liall be difcharged as unfci-vice- able from the Britijh Navy, and fub(ift them at Sixpence /' -.Li «V * •'«i^4*>jlfc« ' HOLOERNBSS. The Britljl} Conful has no Right to return Home, even for a fhort Space of Time, without applying for Leqve of Abfence to the Secretary of State ; which having obtained, he is to appoint a Deputy or Deputies to take Cai« of the comjnercial Affiiirs of his Nation during his Abfence : Thcfe are no more than . 4 ^ temporary !]' iJ^i ilJiJ ;'if- i^ L?i!.% 2g8 O F C O N S U L S. temporary Deputies, and are generally Merchants of the Place. But if the Conful, holding feme other Appointment from the Crown, is abient for a con- fiderable Length of Time, or, being infirm, obtains Leave to remain in his native Country, the Deputy, appointed to refide conftantly for him, may be appointed by him ; but lie muft be prefented to the Secretary of State, and being approved by him as the fufticient Deputy under the Commiflion, he becomes an Officer of the Crown- takes the Title df Vice-Consul, and carries oh a Correfpondence with the publick Officers, in every Refpeft the fame aS the (ionful : And, though his Commiflion is figncd by the Conful, being a Copy of his own with the requiiite Alterations, he has no Power to remove the Vice-Coiiful, fo appointed, without the Approbation of the Secretary of State. If there are any fubordinatc Deputyftiips within the Jurifdiftion of the Confulfliip, it is the Vice-Conftjl, in this Cafe, who is to appoint Perfons to ad in thofe Stations, not the Copfui, who has given up the entire Authority he held under tlic King's Corr.miffion. In fom^ Countries, as in Portugal, Spain, and Italy, where there is a Scarcity of Britijh Subjeds, it has been cudomary for the Conful-Gencnil to appoint Natives of fuch Countries to adt as their Deputie? at inferior Ports ; but this is an unwarrantable and impolitick Pradlice, founded, like many others, upon avaricious Principles in our great Men, whofe Salaries are amply luiFxient to enable them to (end for Deputies from Home. A Conful is not, in the literal Senfe of the Word, a publick Miniftcr ; but it is a Miftake to aflcrt, that he has no State Affairs to tranfidl ; for it is expeded from him, that he fliould corrcfpond with the Ambaffador from his Sovereign refiding at the Court of the Prince within whofe Dominions his confular Station lies, and fend him Information of any Tranfadtions, of what Nature foever, which may prove detrimental to the political or commercial Interefts of his King and Country. And, in Cafe there is no Ambaffador or other publick Miiiiftcr reliding at the faid Court, he is to tranfmit his Intelligence direitly Home to the Secre- tary of State, under whofe l>epartment he ferves. But though the Conful be not a publick Minifter, under the Protedlion of the Law of Nations, he enjoys fome important Privileges, annexed to his Office, \yhich diftinguifh him from the private Inhabitants of the Place \vhere he rcfidcs. Thefe, where the Conful is admitted only by Permiffion from the Prince or State, are regulated generally by the cuftomary Privileges granted to them in Countries where the Right of fixing Confuls is founded upon Treaties. The principal are, a free Entry for his Furniture and Baggage upon his fir ft: Klbblilh- ment — An Exemption from the Excifcs, or inland l3uties on Liquors, and otlicr Articles cf Confumption, for himfelf and Family — A Seat on the Bench with the Magiftrates of thi Place, when obliged to appear at their Alfemblics to adt as Counfel for the Subjedls of his Nation^ in al! Cafes of Difputc between tiieni and the Natives of the Place — An Exemption from lodging the Military in his Houfe — A Guard, when required, to aid and affift him in the Maintenance of Ms Authority over the Subjeds of his own Country trading to the Port ; which, however, does not extend to thofe who are conftantly refident in the Place, and •who, in all Cafes, whether civil or criminal, as well as the Conful himlclf, are fubjed to the Jurifdidion of the Country — The Privilege of receiving a polite Meffage from the Magiftrales, rcquefting his ^Vttendance, when ncceffary, at their Affemblies, inftiead of a formal Summons or Citation, which, if lie means to fupport the Dignity of his Sovereign, he muft: never obey. There arc like- wife fome trifling peribnal Advantages ; but, as they do not affed his Office, it is better to leave it to the good Senfe of the Conful to difcover, and ufe them with Difcretion, than to mention them as Precedents in this Place, Icil they fhould be too eagerly contended for, to the Detriment of the commercial Interefts of his Country. That the Difference between a Conful and a publick Miniftcr may appear in the moft ftriking Point of View, the following Cafe, infcrtuu iii the former i^di.tionr pf thi$ Work, it repriuted. ,; ft The OF CONSULS. «99 But if the but for a con- n in his native y be appointed jeing approved mes an Officer ^orrefpoudcnce tonful : And, his own with ice-Conful, (6 ■ there are any liip, it is the thofe Stations, teld under the :re is a Scarcity :ral to appoint rts ; but this is f others, upon ily UiiFxient to ^liniftcr; but il or it is exported n his Sovereign conlular Station re foever, which of his King and Vliniftcr relidin^ le to the Sccrt- •roteftion of the [d to his Oriico, vhere he relidc-.. the Prince or ted to them in Treaties. Tiic s firft Eftabhlh- uors, and other le Bench with remblics to adt c between thcni Military in his Vlaintcnance of Port; which, the Place, and Conful biinlclf, eceiving a polite n necelVary, at \, if he mcini There are like- a his Office, it , and ufc tiiem •lace, led they nercial Interefts may appear in ill the formcE The The Governor of Cajiz, having once affronted and confined the Diitc/j iru/p,t„-i'i Conful, the States General complained thereof to the Court of Madrid, as of ]^J8^^'^«f^ a Violence done to the Law of Nations, inftcad of urging the Non-Execution i'."'4o.'' °"' of thofe Treaties, from which alone thev ought to have expedtcd Safety for their pretended Minifter, and not elfewhere. Some Years finct, they at- tempted to make their Conjul, who rcfided at Genoa, p\fs for a public Minifter ; 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 Cuftom had beftowed on this Kind of Employment : The Generality of Confuls are only Merchants, who, not- withanding their Office of Judge in the Controvtrjies that may arife among thofe of their own Nation, carry on at the fame Time a Traffick, and are liable to the Laws of the Place where they refide, as well in civil as in cri- minal Matters, which is altogether inconfiftent with the Quality of a public Minifter -, though where it is otherwife, and a Conful does not trade, I think a proportionable Regard and Refpedt ought to be paid, as due to his Character. In the Year 1634, the Rcpublick of Venice had alnioft broke with Pope XJrban VIH. on Account of the Violence offered by the Governor of Ancona, to the Conful of that fage Senate, who, in State and Maritime Affairs, ftands in the foremoft Rank of Preceptors. The Conful's Name was Michael Oberti, a Native of Bergamo, whofe Family had difchargod that Office for many Years ; but the Governor fufpedting his having given fome Advices, that occafioncd the Pvcpublick's Gallies to take fome fmall Veflels belonging to Ragtifa, for having fmuggled the Duties that are paid in the Gulf, fo perfecuted the Conful, that he was forced on a Voyage to Venice, to acquaint the Senate therewith. He was no fooner departed, than the Governor put a Garrifon in his Houfe, and carried off" his Furniture and Papers, even thofe which related to the Funftions of his Employment; the Senate complained heieof, and demanded Reparation with fo much Warmth, that the Fretich Ambaflador, apprehending they might proceed to an open Rupture with the Pope, endeavoured to adjuft tho Difference to the Satisfadlion of the Parties oftended ; but before the Accommodation could be perfe(fted, th« Governor caufed the Conful to be fummoned, and for Contumacy condemned him to Banilhmcnt, under the Pretext, that during the Contagion which reigned, he had unladed Goods contrary to the Prohibition. There was more of Paiiion than Jufticc ir this Sentence, as Oberti could prove that he had done nothing without the Magiftrate's Approbation ; fo that this iniquitous and unjuft Proceeding gave more Offence to the Senate than the firft, and a Repe- tition of tlie French Ambaflador's good Offices was neceffary, to difpofe the Minds of the jarring Parties to an Accommodation, which he at laft accom-» pliflied, upon Condition, that the Governor Jhould repeal ti^e Outla'wry and fuffer Oberti 's Re-ejiablijhment -, and that the Senate, ivbo fiould afterwards recall Oberti, Jhould fubjiitute in his Place whomfoever it pkafcd, Michael dying before all this could be executed, the Senate put his Brother in his Room } but this laft was no Iboner arrived at Ancona, than the Governor caufed him to be im- prifoned, and would not releafe him till he had given Security for his leaving tlie Town, and not returning. The French Minifters, who had laboured in the Reconciliation, and engaged their Words for Performance of the Conditions, which, as above expref^d, allowed the Venetians to nominate any other for Conful that they fliould think, fit, were very much chagrined at this Proceeding j and the Senate, to Ihcw its Refentment, refufed Audience to the Nuncio, and forbad its Ambaflador to afk one of the Pope, till they had received ample SatisfatSion, which the Governor was forced to give. We Ihall now give a general Sketch of the Pundtlons of a Britijh Conful rcfiding in a foreign Port, and of the Refpeft and Obedience due to him from his fellow Subjedls, being Merchants, Maftcrs of Ships, or Mariners, , .,,,. -,.,^ -._- - w. _ - reforting •■Ml .".'i.ll**V*-.. jl< Jlf "I lu ^60 O F C O N S U L S. herorting to the faid Port, a Subjcft which has been fo totuHy neglcifled by oui" commercial Writers, tliat it is high Time to fupply the Deficiency. A Britijh Conful, in Order to be pro}-)erly qualified for his Employment, ftiould take Care to make himfelf Mafter ot" the Language ufed by tlie Court and the Magiftracy of the Country where he refidcs. If the common People of the Port ufe another, he muft acquire tliat alfo, that he may be enabled to fettle little Differences, without troubling the Magiftracy of the Place for the Interpofition of their Authority. Such are Accidents happening in the Har- bour, of the Ships of one Nation running foul of and doing Damage to each other, Gff. At OJlcnd, the vulgar Tongue is Fkniijh, but publick Bufinefs with the Magiftracy and with tlie Court of BruJJ'ch is tranfadted in the French Language. At his firft Eftablifliment, he ftiould procure a Tariff, or Specification of the Import Duties on all Commodities arriving at his Port from Great-Britain or Ireland. Alfo, of the Duties on all Commodities exported from the faid Port, and deftined for any Port belonging to the Dominions of his Sovereign. He muft take cfpecial Notice of all Prohibitions to prevent the Export or Im- port of any Articles, as well on the Part of the State wherein he refides, as of the King his Mafter ; that he may admoniih all Britijh Subjects againft carry- ing on an illicit Commerce to the Detriment of the Revenues, and in Violation of the Laws of either. And it is the more eflcntial, that he (hould attend diligently to tliis Part of his Duty, becaufe there are Merchants and Factors in every Country, wlio for felfifli Ends will encourage Smuggling, and hazard the Detention, nay, even the Confifcation of Ships, and the Imprifonment of the Maftcrs and IVlariners to the great Injury of Owners, Freighters, and other Parties concerned. It is his Duty likewife to make himfelf Mafter of the Municipal Laws of the Country ; and of all the Ordinances of tlic Magiftracy, that his Fellow Subjc(5ts may not be involved in Difficulties and Diftrefles, through Ignorance, or be fined and imprifoned through the Artifices of extortionate Farmers of the Inland Excifes, or mercenary Officers of the Police, refembling our trad- ing Juftices, They are to confider themfclves as the lawful Protestors of all Britip Subjedts trading to, rcfiding in, or travelling through the Places within their Jurifdidtion, but more eipecially of all Mafters of Britijh Ships and Mariners : They arc not to fuffer the Natives to offer them any Infult, or da them any Wrong, nor the Cuftom-houfe or other Officers of the Government of the Country to inipofe on them, illegally to detain ^heir Pcrfojis, Ships, or Merchandize, or cxadt Money from them on fraudulent Pretexts ; and in all Cafes of this Nature, when the Confuls cannot obtain Redrefs from die Adminiftration on the Spot, they are to prefer their Complaint by Memorial to the Britijh Minifter, reliding at the Courts on which their Con'ulfliips depend. If there is no fuch Nlinifter, they are to tranfmit the Memorial themfclves to the Court, and failing of Redrefs, if the Complaint be well founded and important, the fame ftiould be tranfmittcd to his Majefty"s prin- cipal Secretary of State for that Province. They have a Right to demand Audience of tlie Prime Minifter or Minifters of the Sovereign or State wherein they refide, as Perfons invefted with Publick Charaders, in the Abfencc or Non-refidence of Ambaffadors, or other Publick Minifters from their own Sovereign. The Editor had frequent Occaiion to demand it, in the Abfence of tlie late Sir James Porter, his Majefty's Minifter Plenipotentiary at the Court of BruJJ'eis, and he always obtained it with great Politenefs from the late Count Cobetitzel, Prime Minifter for the Aujlrian Netherlands, a moft ac- compliflied liatefman — and from his late Royal Ilighnefs Prince Charles of Lorraine, Uncle to the prefeut Emperor, Governor General of the Low Countries. If any Infult or Outrage is offered to the Inhabitants of the Countiy wlicrc Britijh Confuls refide, by Br'.tijli Subjefts, the Magiftrates before they pro- ceed to the Punifhmcnt of the Offenders, will ufually complain to tlie' Con- iUls, who ought to interixjfc fchcir Authority, to fummon tlie offending 3 Partiei ■ O F C O N S U L S. , Parties before them, and, if they will not appear voluntarily, to compel them by an armed Force : Upon their appearing, he is to order them to make imme- diate Satisfadtion, and, if they refufe this, he muft refign them to the Civil Jurif- diaion of the Magiftrates, or to the Military Law of the Garrifon ; always per- fifting, however, in being prefent, and acting as Counfcl or Advocate, upon all Trials of Britijh Subjeds, whether their Lives or Properties be at Stake. But if an Accufation is brought againft them for Offences, alledged to have been comniiifd within the Dominions or Jurifdidion at Sea of their natural Sovereign, it is the Duty of a Brittjh Conful to claim Cognizance of the Caufc for his Sovereign ; to infift upon the Releafe of the Parties, if detained in Prifon by the MagiAracy of the Place, on any fuch Accufation brought before them ; and that all judicial Proceedings againft them do inftantly ceafe. He is likewifc to demand the Aid of the Power of the Country, Civil and Military, to enable him to fecure and put the accufed Parties on board fuch Britijh Ship as he iliall judge fit, that they may be conveyed to Great-Britain, to be tried by their proper Judges. A remarkable Cafe of this Kind happened in the Beginning of the Year 1768, at Ojlend. Peter Ihrfeman, Mafter of a Merchant-Ship, was dri^'en into that Port by Strefs of Weather, being bound for Hamburgh frr.n Seville. On his Piiflage he had anchored fome Days off the Mother-Bank, SpitheaJ; nnd during this Time iiis Sailors, as he alledged, had mutinied, and ligned a Rotrjd Robin *. Lfpon coming on Shore, the Britijh Vice-Conful, Mortimer, being abfent, liis Duty having called him for a few Days to Dunkirk, he laid a Charge of Mutiny againft three of his Men before tiie Magiftrates, who caufed them to be arrcfted by their Otficers, threw them into Prifon, loaded them with Irons, and would have proceeded to Trial j but upon the Vice-Conful's Return he prefented a Memorial, infifting that the Men iTiould be rcleafed, and given up to him, in order to their being fent to England, configned to the Lord Warden of the Port of Dover, to be by him detained till Orders fhould arrive concerning them from the Court of Admiralty, the Offence, if committed at all, having happened within the territorial Jurifdidion of the King of Great-Brttain. Tlie Magiftrates of Ojleud perfifted in maintaining tiieir Civil Jurlfdiftion over the Prifoners, and prepared without Delay for the Trial. The Britijh Vice-Conful drew up a Memo- rial, and tranfmitted it to Sir William Gordon, his Majefty's Minifter at Bruffeh : That Court gave evalive Anfwers j and the Vice-Conful, finding the Lives of BritiJJj Mariners at Stake, applied to the Board of Admiralty at London, ftating the Cafe. The Lords of the Admiralty fent the Cafe to their Solicitor, who gave it as his Opinion, that the Vice-Conful was pt. ."edly in the Right j and that Lord Weymouth, Secretary of State for the Northern Department, ought to lay tlie Matter before the King, in fuch Manner that the Imperial Ambalfador fhould be required inftantly to write to Vienna, that Orders might be given to the Government of Brtffels to ftop all judicial Proceedings againft the fiiid Sailors, and to releafe them, which was done accordingly. It is the Duty of Britijh Confuls to recover all Wrecks, or Cables, Anchors, iifc. belonging to the King's Sliips, found at Sea by the Fiihermcn, or other Perfons, and brought into tlie Ports where tliey rcfide ; to pay the accuftomary Salvage, and to inform the Navy-Boaid in England of his Proceedings thereon j alfo, to relieve all diftrefled BritiJJj Mariners, to allow them Six-pence daily for their Support, to fend theni Home in the firft Britifi VefTels tliat fliil for England, and to keep a regular Account of his Difburfements, which he is to tranfmit yearly, or oftener if required, to theNavy-Otlice, attefted by two B/vV/y/j Merchants of the Place. return War. 301 He muft likewife give free Paffes to all poor BritiJ): Subjeifts wifliing to \ 1,'ome, directed to the Captains of the King's Pacquct-Boats, or Ships of requiring tliem to take them on board. • A Sta-Tcrm for a mutinous Cc nfpir.icy agr.infl iho CaiUjin, in «hich tlic Perfons figning the Agreement Wiitc tlieir .Niiracj in a Circle round the I'apcr, I'o that it may no: appear who was the firft or Ringleader. II No I t ;o2 1 i' I 't '*^h,l m Hii'l^^ll^ii^llll^' m OF CONSULS. No Merchant-Ship of his Nation (liall leave the Port wherein a Britijh Confnl refides without his Pajj'port, which he Ihall not grant till ".11 juft Demands on the Marter and the Crew from the Government of thcCcnntry he fatisfied ; and, for this Kffed, he ought to fee the Governor's Pafs, if a garrifoned Town, or the Burgomaftcr's ; unlefs the Merchant or Faiftor, to whom the Ship was configned, makes himfelf refponfiblc for all Confequenccs. The Conful is the natural Arbitrator between the Mafters of Britifj Ships and the Freighters, being Inhabitants of the Place wherein he refides, and he murt therefore attend, if required, at all Arbitrations where Property is concerned. His Pecs are regularly eftablifhed in Countries where large Fadtories of his Nation are fettled : In fome Places they are regulated by the Burthen of the Ship, in others by the Length of the Voyage j but where there is no fixed Rule, they ate regulated by Precedent. And it is remarkable, that the Confuls of other Nations are protedted by the Sovereigns, and authorifcd to take the Conful's I'ccs ; but the Brltifh have not any Authority whatever to fupport their Claim, where there is no commercial Treaty. If a Mafter refufes to pay, he cannot detain the Ship ; for the Owners and Freighters would bring their Adtions for Damages : But that excellent Chancellor, Lord Hardicickey held, that the Conful might fend on board, and feize any Piece of valuable Furniture belonging to the Cabin, which would not hinder the Navigation of the Ship, and detain it for his Fee. Another Ilardfliip upon Britijh Confuls is, that they are often obliged to imprl- fon diforderly Seamen, upon the Complaint of their Mailers, as an indifpen(;ib!e Duty oT their Office J yet everyone of thefe Seamen has it in his Power to bring Jlis Adtio!'. againft the Conful for falfe Imprifonment in the (Courts of Law in England, when it is probable the Mafter is on a Voyage in fome other Part of the World. Therefore, it is the Duty of the Conful to be very cautious how he confines or punillies Britijh Seamen, or Mafters of Ships, upon their mutu;il Complaints againft each other ; and to keep a regular and wcll-attefted Account, fairly written ill a Book for that Purpofe, of all his official Tranfadtions, entering therein— the Date of the Arrival of every Britijh Ship, the Mafter's Name, Name of the Ship, Burthen, Quality of Lading, Place from whence (he came, to whom con- figned, and his Depai lure. Britijh Confuls fliould ftridtly mark the Progrefs of the Commerce of other Nations in the Places of the-r Rclidence, ftudy tiic Means of improving that of their own, and tranfinit Intelligence to the Secretary of State, when it is upon the Decline, afiigning the Caufes, and propofing fuitable Remedies. Laftly, with Kcfpcdt tp Religion, they are to take Care to give no Offence thcmfelves, nor fuftcr any Infult or Indecency to be oflfered by Britijh Subjedts to the eftablilhed Religion of the Country ; neither are they to make a publick Profcflion of their own, nor to hold AfTcmblies for Protcfcant Worfhip in Roman Catholicli Countries, unlefs exprefsly ftipuL;cd by Treaty, or permitted : But, on the other Hand, being always allowed the free Excrcife thereof pri- vately in their own Iloufes, they are not to be molefted therein, nor are they to be prevented attendirig or aflembling at the Houfes of their Confuls fox fuch Purpofes : And the faid Confuls ave to take Care that no Proteftant be forced to v.-imply with any of the Rices and CeremonivS of the Religion of the Country ; fuch as compelling Pai cntc to fend their Children to be baptized by . their Priefts, or to be educated in the Romifti Faith. Neither nre they to fuffcr the Seizure of any Bibles Common Prayers, or ether religious Books, in the Houfes of Britijh Subjcdts, though fuch Booki are ftridtly prohibited by the. Laws of the Country to other Inhabitants. And, as Cafes of this Kind fonie- times happen, it may not be improper to obferve, that a Book taken out of a lioufe, by a Prieft or Friar, ftiould be claimed as the common Property cf the Owner J and the Offender fhould be proceeded againft at Common Law, not by Memorial ; the Common Law of every Counrry affording Relief in fiich Inftanccs. ■ . The )f Britifi Ships ;s, and he mull; Loncerncd. "aftories of his len of the Ship, ixed Rule, they onfuls of other vt the Confiil's art their Claim, pay, he cannot leir Adlions for that the Conful belonging to tlic nd detain it for FREEDOM OF NAVIGATION. The Office of a Britifi Conful is much more difficult in Time of War thin in Time of Peace j efpecially on Account of the great Care he muft take to prevent any Violation of the Neutrality of the Port in which he refides, by the Mailers of Britljh Merchant Ships : For which Reafon, and becaufe the Syftem of the maritime Powers of Europe has juft undergone a Revolution tendin!,' to diminiih and reftrain that univerfal Empire of the Seas heretofore claimed and maintained by Great-Britain, we have thought it right to intro- duce a new Chapter, on the Freedom of Navigation, immediately after the prdcnt, and bdorc that on Infurance, as they feem to be Subjedts intimately .onnedkd ; for it is Part of the Conful's Duty to iiilbrm the Owners or Under- writers of a Ship, if required, whether the Mafter Iv.s or has not made void the Policy of Infurance by violating the I'Veedom of Navigation, or the Neu- trality of Ports. Of Freedom of Navigation. ALTHOUGH it cannot be cxpefted that Merchants fliould ftudy thoroughly all tlie I,aws of Nations, yet it may be fuppofed that moft of them know fonicthing of the Contents of the Treaties of Commerce ; and that there is a DifFcTCiice in the Treaties of Commerce between England and Denmark and SiCi-i/en, and between England and Holland, and England and France and Spain ; and that only between the four laft, the Rule " of free Ships making free " Goods, though belonging to Enemies, except contraband," had been reci- procally eftablilhcd ; however, for the Ufe of thofe who may be deiirous to know what pafl'ed with Regard to Navi^-'ation in former Wars, as well as the late, I here fubjoin fomc remrxkablc Pafliij^es which I have met with on this Subjedf, witii fome Obfervations tliav may confiderably elucidate it. From the Letters written by that great Statefman Joibn de IVitt, Penfionary of Holland, and others received from the Dutch Ambafladors employed at the Courts of France and England during his Miniftry, which were publifhed at the Hague 1723-24, in four Parts in 4to, it appears that this Minifter, being feiifible that Holland's Wealth depended chiefly upon keeping Peace, and having a free and unmoleiled Navigation from and to all Parts, laboured hard to obtain from England and France, by particular Treaties of Commerce, the Cvjnccffion that free Ships fhould give Freedom to all Goods, even thofe belonging to Enemies, except contraband. — His Letters wrote to, and thofe received from, William Bcrcel, in 1653-54, Part I. Page 77, 78, fhew that France by a pro- vifional Treaty made in 1646, and by a Declaration of the Frfw/i King in 1651, having allowed this Rule to the Dutch, was the firft who deviated from it. Mr. BoreeJ writes. Page 66, 68, " They now fay that their Enemies ought " not to be protected nor ferved by Ships of the States, in carrying their Goods : " That fucli Goods would be taken out of the Dutch Ships, and confifcated as «« good Prize:" He adds, " and the French may perhaps even fall upon " nviiptaining their old Maxim, ^u^ la robe d'ennemi corffque celle d'ami." — His Letters wrote to, and thofe received from, William Nieupoort, 1656, Part III. Page 226, 230, 332, 333, 340, 426, 427, fhow that the Dutch never could obtain from England, during the Time of Oliver Cromwell, that this Rule Ihou'd be allowed j and it fecms that England, confidering herfelf to be the firft of the maritime Powers, thought it more political that Holland (hoyld always remain in the lame Intereft, and go along with her. We find in Aiftma, or Aitzema, 36th IJook of «tate Affairs and of War, Anno 1656, that upon Afr. Nieiipoort's lb often repeated . Solicitations about the marine Treaty, the Anfwer given by the Engli/h was, that the Demand of " free Ships, free Goods," and PalTport to their Form, was very unjuft ; and the Reafons they alledged are as ftrong as any that have been made Ufe of fincc. Here follow Extrat'ts from the Letters written by the Dutch Minifters in France and England, to the Pcnlionary J. de Witt, at the Hague, from 1653 to 1657.— /r. Boreel, the Dutch Ambaffador at Paris, to the Penfionary, i December 303 304 "hi 4 i" A-\:i F R E E D O M OF NAVIGATION, t)ciu-ml)ir 26, 165';. — " I perceive well enough that Fi\iin\- would go faitlier *' in regard to the marine Treaty, which I am ibliciting, if the W;;r witli S[)(i:ii " was not a Hindrance. — Thty now maintain the Maxim, tiiat their Ilnemics " muft in no Manner be protcfted or I'erved hy any of the Ships helon^in^' to " the Suhjeds of their High MightinefTcs, for the carrying tlicir Cioods, on " Peril, that if any fuch Goods be met with in Diitcb Ships, they ih.dl be •• made good I'rizc, und as fuch be taken out and confillatcd : Which howevcr " is departing from a Law they maintained in former Times, under Fr.i.'ii/s " the Firft, and Henry the Third, wiiicli was i-^iie la rohc d'aincmi aiijij'jui' i.\'llc " (i'iimi : VV'licrcas now in Dutch Ships the Goods belonging to their, and other " neutral, Subiedls (hall not be confifcated. I have made all polliblc Endc.;- " vours to ()l)tain, that free Ships Ihould make free Goods, but as yet without " Succefs." From Penfionary Dc Witt's AnAver, ?>i\\oi yuniiiiry, i ')54. — " I cbfervc " from your's of the 26th of DciTiVw/w that, notwithrtandii.g you iifed all your " Endeavours you could not obtain that free Ships Ihould make free Goods ; " whereupon I cannot but believe that the i'rench Minifters mull mifappro- •' bend tlic Matter, or you explain it ^vrong; fmce in tlie Draughts of t!i.^ " Treaty fent over, it Hands clearly explained, that free Ships ihall make fac " Goods ; .'9|/i' ks navircs qui traj/iqueront & front iilirs rr/u/rcut atijji /i.v. •• Ltir charge lihre, bien qtiil y cut dedans de la iiiarcband'ijl , }>icme dfs grains £' " legumes, appartenants aux cnnemis." — From Mr. JJureel's Letter, Fuii!, 15th of "January, 1654. — " It is true, that taking the Senfe of the Words from " the firft Article of the provifional Treaty, together with the i8th Article " of this propofed Treaty, they confirm clearly your Opinion : But they f.w " that by the Words, a free Ship Ihall make free Goods, are only meant Goods " of Friends, but not of Enemies: And in the fame Manner they milconlliuc •' the Declaration of the 29th of Mav, 1651, which the King made to wx, " and whicli is now fubfifting, and muft fubfift till wc come to a nearer •• Treaty of Marine and Alliance : It fays, Lc roi Jcit dj'enfe, isc, de ne foii.t " prendre ni amener dans les ports de France des naiires Ihllandois charges de " tnarckandifes, quand mane ..'.'■/ appartiendront aux ennemis, fiourvu qu'ih tu " tranfportcnt pas des troupes, marchandifes de contrabande, iXc. Wiiat can be " clearer than thefe Words ? But the People liere interpret them as they pkak-, " and make \J{c of their Power in judging and executing, and althougli I coin- " plain continually, it is without F'ruit and Redrefs." — By thefe Letters it ap- pears clear enough, that the French firft began to mifconftrue the Senfe of the Words of free Ships making free Goods. — From AmbalTador Ullliam Nieii- poort's Letter, London, the 12th of May 1756, to the Penfionary De Witt. — " I am afraid that the Gentlemen here will not admit in the Treaty of Marine, " the Rule of free Ships making free Goods, and vice "ver/a ; nor agree to the " F'ormularies of Paifports propofed: However, I fliall ufe my bell Endea- " vours towards it, and as loon as I can c'nain any Thing from them upon " Paper I Iliall fend it over." From a Letter of the Penfionary, 23d of February 1659, to William Nieupoort, at London. — " And I can allure you, that " if, by concluding a marine Treaty, their fligh Mightinelfes, immediately " after having received the Draughts fent of a marine Treaty, gave it to the " Commilfaries, who, upon taking it into Conlideration, quickly difcovercd " that the principal Point whereupon this Treaty Ihould be built, which is to •' prevent unjuft Searches when they meet at Sfa, viz. that free Ships make " jrce Goods, was left out j and it is impradticable for the Dutch to .agree to " it in the Manner it is propofed: Wherefore, &c." — From a Letter of tlk- Pen'ionary, 23d of February iG^j, to William Nieupoort, at IjOnJon. — " Ami " I can allure you, that if, by concluding a marine Treaty, their High " Mightinelfes can only obtain the End propofed in tlieir lall Refolutions, " though in what they molt delire, namely, that i\xc Ships (hall make feci; " Goods, it lliould remain deficient, it miglit take aw.iy fonie of the Animotity, " and prevent the Perfons at the Helm from hearkening to any of the Ad- " vances made by Spain, and other Potentates, to their High Mightinelllf."— Vvhiili F R E I' D O M O F N A V I G A T I O N. Which is enough to /hew thnt the Great Pcnfionary De Witt, whilft Civii ::\'ll governed in Engkndy could not tjain upon him his favourite Maxim, " Th.u /r' And, when we examine to tlie Bottom of the Thing, it appears very evident, that Sea-Battles are not fought fo much to kill People, as to be Mafters of Trade, whereby People live ; and, byftopping the Supplies of our Enemies, to compel theni in the End to live in Friend/hip with us. Ships and Veffels belonging to the Subjedts of either of the Parties may not only pafs, traffick, and trade from a neutral Port or Place, to a Place in Enmity with the other Party, or from a Place in Enmity to a neutral Place ; but alfo from a Port or Place in Enmity to a Port or Place in Enmity with tlie other Party, whetlier the faid Places belong to one and tfie fame Prince or State, or to feveral 4 I Princes 305 rt ;i # ^ r ,,,j. '! :rl :!' l: .1 il ji'i! FREEDOM OF N A V I (i A T I O N. Princes or States, with wh^an the ether Party is ,it W.ir. — •Treaty •with Iloll. 1764. 'Uk- like Freedom of Commerce and Niivi;'ation was agreed npon by the lW:!ty c( 1676, With Spm'/i ; and of 1676, with Friincc ; and coiifirmed by the I'ubltviuent and other Articles of the Treaty of dnr/.t. It ihall be lawful for all and lingular the Subjeds of the (^K-en of C/v/;/*- Brituin and of the Moll L'hriftian King, to fail with their bliips with all Manner of Liberty and Security, no Diftindiun being made who are the Proprietors of the Merchandizes ladeu thereon, fruni any Port to the Places of thofe who are now, or ihall be hereafter at Enmity with the (^;ecn of C/wv- Brittilti or the Moft Chriftian King: It iliall likewife be lawful for the Subjects and Inhabitants at'orefaid, to fail witli tlic Ships and Merchandi/^s afoie- mentioned, and to ti.ule with the fuiie Liberty and Security from tlic Places, Ports, and Havens of thofe who are luiemics of both or of either Party, without any Oppolition or Dillnrbance whatfoevcr, not only ilirci'Uy from the I'Lces of the luiemy alorc-mentiontd to neutral Places, hut alio from one Mace belonging to an Enemy to another Place belonging to an Enemy, whether they be under the Jurifdiiltion of the fame Prince or under fevcral. And as it is now- llipulated concerning .SJiij's and (kkxIs, t\\\\t free Ships frail iilfo ^Ive a freedom (0 Hoods, and that every Thing (hall be deemed to be freu and exempt, which fliall be found on board the Ships belonging to the oubjcds of either of the Confederates, altho'igh the whole leading, or any Part thereof, Ihould appertain to the Enewies of eitlier of their Majelties, coiUrabaud Co^ivls being always excepted, on 'he Difcovery wlicreof. Matters fliall be managed .".ccording to the Senle of the fi'bfequent Articles : It is alfo agreed, in like Manner, that the fame Liberty be extended to Vcrfms who are on board a free Ship, with tliis Condition, that although they be Enemies to both or to either Party, they are not to be takm out of that free Ship, unlefs they arc Soldiers and in adual Service of Enemies. — Treaty ivith France, 1713. As it appears by ylrt. 23, in the Treaty of 1654, with Portugal, \\\:X Oliver CronneH agreed with the Pcrtiiguefe to tlie Rule of " free Ships making free Goods," which he afterwards would not allow to the Dutch, it would leeni that he had rot yet well conlidered how inconfiflent it was for a Nation, wholi: W^eight chiifly lay in its Superiority of maritime Strength, to allow this Rule to rt/J/ one ; or elfe he muft have more in View, viz. Ihat the Engltjh Natit.a Uiould reap tic chief Benerit of the Trade from their F-aji and H'ejl-Jiui:,!, whilll they were contcfting for the Pofieflions thereof with the Dutch. The P'jrtuguefe in their Situation at that Time mufl have found it ditiicult to fupply tiiemlelves; and therefore might well allow. Art. 11, " that the People .;iiJ " Inhabitants of Great-Briiaiii might navigate and trade freely and fafely from " Portugal to Brazil, paying the Duties and Cuftoms which others pay whu " trade into thofe Countries :" and " that they Ihouid have the lame Freedom " as had been granted by any former Treaty, or ihould be granted hereafter, to " the Inhabitants of any other Nation in Alliance and Friendlhip with that " Crown." — But this Freedom ceafed when they ha', no longer Conteft about their Pofleffions j for, as their F'riends and Allies monopolized the Tratic of thofe Maces where they had been admitted, and got footing in the Eajl and Wejl-hidies, the Portuguefe excluded them, in Return, from trading to thofe Settlements which they flill retained. Remarks. — The Treaty of Utrecht, with France, 171 3, was not confirmed by that of Aix-la-Chapelle, 1748 j a Sort of tacit Acknowledgement of that Ri^ht the Pniich had alfumcd, as it fuited their Interefl, of rejecting the Whole of the former Treaty, as fome Articles, particularly the 9th could not, by the exprefs 1 tnor cf them, take Place without an Adt of Parliament j which, haw ever, was never paffed. The afore-mentioned Treaty with Holland of 1667, was conlirmed by the Treaty of 1674; which is now the maritime Regulation between the two Powers. — By the 8th Article of this Treaty it is agreed, " that all which (hall be found on board the VclTels belonging to the •• Subjedts of cither of the contradting Parties, fhall be accounted clear and " free •■//)' li'iib Holl, \ tipon l)y the iifirmcd by the ^i^iccn of Great- bhips with all who are the t to the Places )iiefii of Chwit- l.iwt'iil for tlie I McrihanilitiS .urity from tlic >th or of cither jt only lii redly i, but alfo from to ail Miiciiiy, ir under fcvcr.il. ,ity/w Ships JhciH .•emcil to be frc;; g to the oubjccls iny Part thereof, •Qiitrabaud Cju;,\1s hall be managed ) a!;feed, in like •e on board a free both or to either they arc Soldier'-, I Portugal, \\\:X free Ships making 'j, it would feci'i a Nation, whol'i; allow this Riili; le Enzl'Jh N;Uif):i nd '^n'ejl-hidhu le 'Dutch. The llicult to fupply the People .iiiJ and laleiy from others pay whu le fame Freedoin ted hereafter, to idihip with thiit ;er Contefl about ed the Tratic of in the Eiijt aiul trading; to thole as not confirmed entof that Right ng the Whole of uld not, by the ament j which, ith Holland of w the maritime this Treaty it is belonging to the untcd clear and " jrti O .? I N S U R A N C E S. " free although the whole landing, or any Part thereof, fliall by jull Title of •• Property belong to tlie Enemies of the other, contraband Cloods only cvcepted." — Here, as in the Trc^ify of Utrecht, the Difputc is entirely owing to the gene- ral Terms of the Stipulation j one Side taking them in their full Extent, while the other infifls upon fuch Reftridions and Limitations to be put upon them, as right Reafo;i, and the Nature of Things, necedarily require ; and therefore, in 1758, when the French, finding themfelvcs unable to carry on their own Trade in their o.sn Bcttoincror to have been the rirft who brouelit in tliis Cuftom of" Inl'urancc, tliout^h Monlieur Savary, in hit DiQionnaire m Commtrcf, imputes it to the 'y>tcs, in the Year IJ82. Jtimis j4llan Pari, Elii. the lall excellent Writer iipoii Infurances, re- marks, that the Origin ot Inlunuicc, like that of many other Cuftom!!, which depend rather upon traditional than written Evidence, and fur the Honour of inventing and introducing whiv.h rival Nations contend, has occalioncil much Doubt among the Writers upon mercantile Law. In l';\i.i, it is involved in fo much Obfcurity that, after all the Kefcarchcs which he hid made on Occalioii of his compiling his admirable i>y/iem ot the Liiw of M.-:i'!- iiijhriir:cfs, he coulil not promilc any very fatisfadtory Solution of tliis Doubt ; but wlioever v.•a^, th: firll Contriver, or original Inventor ot tliis ufclld liranch of liulincfs, it has for many Ages been pradtifcd in this Kingdom, and fuppofed to have been intro- duced here jointly, with its Twin Brother, Exr/jti/iges, by fome Italians front Lombiirily, who at the fame Time came to fettle at Anlivcrp, and among us ; and this being pri r to the building tiie Royal- Eschantr/, they ufed to meet in the I'lace where Lo. :!>anl-iltnet now is, at a Houfe they had, called the Paivn- HottJ'c or Lombard, for »ranfa. S.j6. Il' Ml .' ,' ni ill W no OF I N S U K A N C !•. S. 1 1 c. I, C. 30. IC) Cta. thereof ill three Months, the KellJiic of tlic Suiiu amounting togctlur to 300,000/. (hall be rclcafcJ. IGM.I.C.15. iioinc AiU have fincc palled to rcjjiiihtc ccrt-iin Proceedings ;\t Law, where tiie Corporations were Parties, giving thcin Pxwcr to iilod gcncially. And thefe .ire > the Ad:> relating to InluraiKcs in Eny^liuiJ till the tuiiowing, mule for tlic better Regulation thereof, and to pruhihit i\\u\\ on I'reiuh I'lfTccts, v/z. II. The I'reainblt oblerves, that tlio m.iking Alliirances, Intertll or no Intcrcll, or without further I'roof of Intercll than the Policy, h.itli Leon proiluCKvc of many jKniitiou-i Pratltices, whereby great Nuniberh of Ships, uiih their Cargoes, have eitiicr been fraudulently loll a'ld dellroyed, or taken by tlie I'.ncniy in Time of War i and fuch Adurantes have encomaged the Iixport.ition of Wool, and the tarrying on many other prohibited and i landeftinc Trades, whitli by Mraiw of iuth Allurances have been concealed, and ihc Parties concerned fccuied I'roin Lofs, as well to the Diminution of the publick Revenue at to the great Dctri-. mcnt of fair Traders \ and by introducing a mikhievous Kind of CJaming, or P. 568. Wagering, under the Pretence of aillning the RiK|ue on Shipping and fair Trade, the Inllitution and laudable Dcfign of m.iking Allurances hath been perverted { and that which was intended for the I'lnconnvgiM.ciit of Trade and Navigation, has, in many Inftanccs, become hurtful and dellrudiveof the fame. I'or Remedy whereof, // is mailed. That, after the ill Day of yf/y^'////, 1746, no A lib ranee fliall be made by any Perfon or Perfun.s, Uodies Corporate or Politick, on Wllels belonging to his iV.ijclly or his Subjecls, or on any Goods, Merchandizes, or Iiffeds on board the fame, Interell or no lutercll, or without further Proof of Interell than the Policy, or by Way of Gaming or \\'agering, or without Benefit of Salvage to the Allbrcr, and that e\ery fueh Allarancc lluU be null and void tu all Intents and Purpofes. Afl'urance on private Ships of War, fitted out by his Majcfly's Subjeds ftdely to cruize againrt his Knemies, may be ntadc by or for the Owners, Interell or no Interefl, free of Average, and witliout llencfit of Salvage to the Ali'urer. Merchandizes or Etleds from any Parts in Europe ov Aniftiin, in the Pofl'eirion of the Crowns of Spain or Portugal, may be alfured in fuch Way and Manner as if this Ad had not been made. After the faid i ft of yluguji, all Money to be lent on Bottomry, or at R;/}'j:- dcntia, upon Ships belonging to his Majcfty's Subjeds, bound to or from the Eajl-Indies, fliall be lent only on the Sliip, cfr. P. 5^9. In all Adions, £s?f. brouj^lit after the faid ift oi ylugtifl, by Affured, upon any Policy of Affurancc, the Plaintift', or Attorney, G'f. within fifteen Days after lie (hall be required fo to do in Writing by the Defendant, (jc. (lull declare in Writing the Sums he hath aflured, iic. in the Whole, and what Sums he hath borrowed at ReJ'pondent'w , or Bottomry, for the Voyage, or any Part of tlie Voyage, in Queflion. P.J70. After the faid ift oi Auguji, any F " i, 0?t\ fued in an Adion of Debt, or Covenant, Csff. on Policy ot" Aft'urance, may bring the Money into Court; and if the Plaintiff (hall refufc to receive the fame, with Cofts to be taxed in full I)if- charge of fuch Adion, and (liail afterwards proceed to Trial, and the Jury (liall not affefs him Damages exceeding the Sum (b brought, the Plaintiff, on every fuch Adion, fliall pay to the Defendant Colls, to be taxed. This Ad (hall not extend to, or be in Force againrt, Perfons redding in any Part oi Europe, out of his Majelly's Dominions, for whofe Account AlTurancc fliall be made before the 29th of September, 1746 j nor againft Perfons refiding in any Parts of Turkey, AJia, Africa, or America, for whom Aifurances (hall be made before the 29th of Md/r,6, 1747. 21 C(».ll. Infurance on Ships or Goods appertaining to the Crown and Subjeds of France, ^•r5.76.77.or lending them Money on Bottomry, is prohibited by this Ad; though, as it ' ■ was only temporary, and its Duration limited to that of the then War, it expired, and became void. This Branch of Bufinefs at firll was confined to Maritime Affairs folcly, though at prefent it is extended to the infuring not only Snipping and ..lerchan- dizes, but alfo Houfes, Furniture, Lives, Liberties, &r. according to the different .if." ' . . Agreements CAUSES WHICH VOID POLICIES. AiTccnicnts for tint Purpofc. Thcfc Contradts arc called Politie«, from the af.inijh Word Polict, and that originally from the Latin Polluitatio, or I»roinile, ' ' ' '■ ' '»■'• Of the former, we 3" originally and arc now made either at the |niblitk or orivate Olliccs. Iiave only the tsvo betorc-mentioned in Kngiind ellablitlied by Charters ; though ot the private ones, wc ha-- many in ttiis t^ity, aim ot late Years in lomc others, as lirij!il, Dxcttr, Liverpool, Hull, NfwaijiA', and GI,iJ'goiv, where great Hiilinels i-; tranlai'k'il, ami 1 believe on as fair a Footing as in a:iy Part of the World 1 thi)ii|',h Policies having been filled up in fuch various Terms, and futh unprccedeiUcd Mxprellions iiiferted, according to tlie different Conceptions, Fan- cies, or Exigencies of the Infurcd, it has naturally occafioned many Difputcs, and coiifoiiuently brought on many remarkable Trials, and wile Dccifions of the utmoit Import.ince to the MertaiUilc World j for which Rcafon all tlie moJern C.ilcs are added in this I'ldition to the more remote, and clall'ed under (l-veral dillind lleaJ..;, that they may be more readily referred to, when fimilar Cafes rti.dl induce Merchants and Lawyers to Icarch for Precedents, to determine their own Line of Conduct, (jfc. I diall alfo take Occafion to mention the Methinl and Obligation of Infurances made in France and Uollatitl, in order to give full Satif- Lclion on tliis Head, and render my Book as complete as polhble. AssintANi'KS, as I have before obfervcd, are of various Kinds, botli in regard of the Marine and Terrene Property ; of the firft, fome being on Ships, or Parts of Siiips only ; others on Merchandize fingly i and others on Ship,> and Goods jointly ; and tliefe are again branched out to run cither by the Month, or for a Time ilipulated, or to one (ingle Port, or out and home, with Liberty to touch at the different Places mentioned in the Policy, or for a Trading Voyage. Although Policies of AiTurancc are not to be ranked with fpecialty Contra-Hs, j^/,, .|. not being under Seal, yet they have always been held as facred Agreements, and of the firll Credit ; fo much fo, that, when once they are underwritten, they caa nevci be altered by any Authority whatever, becaufc it would open a Door to an infinite Variety of F'rauds, and introduce Uncertainty into a Sjiecies of CoiitradT;, of which Certainty and Precifion are the moft eflential Requifites. In a Cafe before Lord Chancellor Hardwicki', this Dodrine was admitted in its ///mfV v. ths full Extent. The Plaintiff had infured a Ship at and from Lvulon to OJlend, Rn)'''l'>'ch. from thence to Rotterdam, and from thence to the Canaries, warranted an OjlenJ Cornp."i V«. Ship, which Ship was afterwards taken. The Bill was brought to have the3'7- Policy redified, for that the Intention of the Parties was miftaken therein ; which was, that the Warranty was too general j and that the Voyage (hould have been ftatcd to take place from OJlend on\y, and not irom London. His Lorddiip, as there was no Evidence to vary the Contract from the written Words, ordered the Bill to be difmilled. But there arc fome Exceptions to the foregoing general Rule. For Inftance, after ligning. Policies are frequently altered by Content of the Parties ; and fucli Polic'es are good, agreeably to the Maxim ConJ'enJ'us tollit Error' m. Enumcraiion of Caufes which make PoHctes null and void. TH O S E made on Houfes, Lives, or Lihjrties, muft be paid, according to the Tenour of the Agreement, in the full Sum afTured, as thefe Sort of Policies admit of no Average ; and for the firft, often with their Furniture, againft Fire, feveral OlKces are creded in London, with the Limitation to this Branch only. Jffurances may likewifc be made on Goods fcnt by Land, or by Hoys, ^c. on Rivers ; and this is often done, more efpecially on Jewels, Gfc. They may likewifc be made on Ships and Goods, lojt or not loji, which is com- monly done when a Ship hath been long mifling j and thefe Words being inferted in the Policy, oblige the Underwriters to pay, although the Ship was loft at the Time of making fuch Infurance, except the Affured faw the Ship \vrccked, or had 312 ;!■ i !■ it Ch. III. Ch. S6. Mclhj, P. 292, S. 9. Ditto, P 295 S. 14. Ditto, P.296 S. IS. 2% Gn. III. C.38. yefffrfei V. Itgendra, Carlh. 216; 3 Lni. 320 ; I .JAmi;. 323 3 j'a/i, 443. CAUSES WHICH MAKE POLICIES had then certain Knowledge of her being fo ; in which Cafe the Subfcription fliall not oblige, as this is accounted n mere Fraud. So likewife, if the Afiured (hall, on a rotten VelTel, get infured more than flic is worth, with the villainous Defign to deftroy her, and fliall afterwards give Diretftions to have his roguiili Intentions put in Execution, this fraudulent Ad v.ill not oblige the Infurers, but e.xpofe the Perpetrators of it to condign Punifh- nient for their Knavery. It fhall not be lawful, from and after the parting of this Aft, for any Perfon or Pcrfons to make or efFeft, or caufe to be made or cffcdted, any Policy of Alfurance On any Ship or VelTel, or upon any Goods, Merchandizes, or Effedts, or Pro- perty whatever, without firft indrting, or caufing to be inferted, in fuch Policy, the Name or Names, or the ufual Stile and Firm of Dealing, of one or more of the Perlbns intcrefted in fuch Afl'urance ; or without, inftead thereof, firft inferr- ing the Name or Names, or the ufual Stile and Firm of Dealing, of the Con- lignor or Confignors, Conlignce or Confignecs, of the Goods or Property fo to be injured ; or the Name or Names, or the ufual Stile and Firm of Dealing, of the Perfon or Perfons refiding in Great-Britain, who fliall receive the Order for and effeft fuch Policy, or of the Perfon or Pcrfons who fhall give the Order or Direiitions, the Agent or Agents immediately employed to negociate or effed fuch Policy. The Statute further declares. That every Policy made or under- wrote, contrary to the true Intent and Meaning of this Ad, /hall be null and void to all Intents and Purpofes. If a Ship be infured from the Port of Loudon to Cadiz, and before flie breaks Ground is burnt, Infurers not liable; but if the Words are, at or from the Port of London, they arc liable in fuch Cafe. An Infurance from London to Void for Uncertainty, though private Inftruftions for the Port; yet the Blank in the Policy will not bind the Infurer, Policies being now generally 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 prohi- bited after the Infurance made; as on Wool, Leatlier, &c. for fuch Infuranccs would tend to deftroy Commerce, which is diredlly to thwart the true Intention of all Policies. Perfons who, by Way of Infurance or otherwifc, fliall undertake or agree that any Sheep, Wool, or any other of the enumerated Art'cles in the Statute, (lull be carried or conveyed to any Parts beyond the Seas, from any Port or Place what- foever within this Kingdom, or, in Purdiance of fuch Undertaking or Agreement, fhall deliver, or cauib or procure to be deliveredj any Sheep, Wool, &c. in Parts beyond the Seas, fuch Perfon or Per(bns, their Aiders and Abetters, ftiall, upon Conviftion, be liable to the iiimc Punifliments as the Exporters. The like Penalty follows, upon the Perfon or Pcrfons paying any Premium for fuch Infuranccs, ^d\. 48. All Policies of Infurance which (liall be made on Goods and Merciiandizc, laden or to be laden on any Ship or Ve(rel bound from Great-Britain to foreign Parts, v/hich (hall afterwards appear to be Wool, Woollen or Worfted Yarn, &c. (lull be deemed and taiien to be null and void, notwithftanding any Words or Agree- ment whatfoever which ftiall be inferted in fuch Policy of Infurance -, and nothing (hall be recovered by the AfTurcd from the Infurer for Lofs or Damage, or for the Premium which (hall have been given for fuch Infur.uice. This Claufe liberates the Underwriters in Cafes, which frequently happen, of infuring Merchandize on board, without fpccifying to them the Species of Commodity infured. Under the Head of prohibited Goods muft be comprehended all Commodities prohibited to be exported or imported by pofitive Statutes, or by the King's Pro- clamation, in Time of War ; or which from the Nature of the Commodity, and by the Law of Nations, muft neccfiarily be contraband j and the Policies infuring any I'uch are abfolutely null and void. Where the Words of the Policy are, the Ship warranted to depart with Convoy, it (hall be intended (he fhall keep with Convoy during the Voyage, if pollibiej and if fhe depart wilfully from the Convoy, it is a Fraud ; but if having departed 'with Convoy, by Strefs of Weather (he lofes the Convoy, and is taken, Infurers are liable. It' NULL AND VOID. If there be Thieves on Shipboard among themfelvcs, the Mafter of the Ship is to anfwer for that, and not the Infurer j though the Words of the Policy infure againft Lofles by Thieves, yet they are to be conftrued to mean aflailing Thieves. Suppreffio vert atit Alkgatio falfi is fufficient to difcharge the Policy : It is a general Rule, that the Infured fliall 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 Contradt may be fairly adjuftcd j which being a Contraft upon Chance, cannot be valid, if one Party knows more than the other : Equality in Contrafts, by the Law-Merchant, is eflential. Therefore, all Mifre- prefentation whatever, though it happened by Miftake, if in a material Point, will affedt the Policy, and render it null as much as aftual Fraud. A Decifion was given, which confirms this Propofition, in the following Cafe. This was an Aftion on a Policy of Infurance on the Ship Mary and Hannah, from New-Tork to Philadelphia. At the Time when the Infurance was made, which was in London on the 30th of January, the Broker reprefented the Situa- tion of the Ship to the Underwriter, Frafcr, as follows : " The Mary and " Hannah, a tight Veflel, failed with feveral armed Ships, and was fcen fafe in " the Delaware on the i ith oi December, by a Ship which arrived ?it New-Tork." In Faft, the Ship was loft on the 9th of December, by running againft a Cheveau de Frife placed acrofs the River. The Caufe came on to be tried before Lord Mansfield at Guildhall. The Defence was founded on the Mifreprefentation as to the Time when the Ship was fcen ; and the Reprefentation and the Day of the Lofs being proved, the Jury found for the Defendant. A Rule was obtained to lliew Caufe why a new Trial fhould not be had ; and, after Arguments at the Bar, Lord MansJieJd faid, " There was no Evidence of actual Fraud in the prefent " Cafe, and no Queftion of that Sort feemcd to be made. But there was a pofi- " tive Averment tliat the Ship was leen in the Delaware on tiie nth oi December. " The Underwriter was deceived as to that ¥&&, and entered into the Contracfl " under that Deception. In Infuranccs upon Ships at a great Diftance, their " being fafe up to a certain Day is always confidered as a very important Cir- " cumftance. I am of Opinion, that the Reprefentation concerning the Day was " very material." The other Judges delivering the fame Opinion nearly in the fame Words, except adding, " That the Safety of the Ship is the moft material " Fadl of any, in Cafes of Infurance," the Court difcharged the Rule for a new Trial, and the Verdidt of tlie Jury which had voided the Policy was confirmed. And it was further ratified by the Houfe of Lords, on tlie 8th oi April, 1785, in the Cafe of Stewart and others, againft Dunlop and others ; br'^Hy this : The Clerk of the Plaintiff" made Infurance, by his Mafter's Orders, on a Ship which the Clerk knew to be taken by the Enemy, from a Converfation he had with the Mafter of a Ship arrived at Greenock ; and though it appeared in Evidence, that the Plaintiff^ knew nothing of the Converfation, nor confequently of the Lofs of the Peggy, at the Time he infured her, yet the Lords of Seflion in Scotland decreed. That tlie Infurance made by the Plaintiff would not have been made, if the Brigantine Henrietta had not arrived in the Road of Greenock the Day pre- ceding, and brouglit Intelligence that the Ship Peggy was taken j and, therefore, that the Policy was void. On the Appeal from this Decree, the Houfe of Lords affirmed the Decree. And this is the ftrongeft Cafe, with refpedl to Mifrepre- fentaticn without Fraud, that could well happen j for here tlie Mafter fuftred for the Concealment of a material Circumftance by his Clerk, who was conlidered as his Agent ; and who, unknown to him, had been enjoined Secrecy by the Perfon who informed him the Peggy was captured. Let this, then, be confidered as a general Admonition, inferted here exprefsly to point out the great Care and Attention that ought to be given by Owners and Mafters of Ships, when infuring them, to give a true and exadt Reprefentation of every material Circumftance refpeding them, and to inftrudt their Agents or Clerks to do the fame, A Perfon having received a Letter that his Ship failed from Carolina, in Company with another Ship, and that the other Ship loft Sight of this Ship in the Night ; that the Captain informed the Perfon who wrote the Letter, that flie was leaky in fuch a Latitude ; and that, after they loft Sight of the Ship, there had been a 4 L hard 3*j Lfx Mtrcalor. 151. Stamtit V. Fan- x/nau, before L, C.j.iff. at UiiiUhall, after Triii. Term, 174*, and Verdift by a Special Jury for De- fendant, MacJvwal V. Frafer, See ParkU Syftem of the Law of Ma- rine Infu- i 1 mm f^: 1 y ',. 1 m f 1^' ill:! 1 314 CAUSES WHICH MAKE POLICIES MuilmaMt I SlachJioKt' I Rep. +27. hard Gale for twenty-four Hours : After this Letter received by the Merchant's Agent, he made Infurance without producing it. The Ship was afterwards taken near the Land's End by a Spanijh Privateer., and carried back into St. Scliaf- dan's. This, though the Ship was not loft by tlie Leak or the Storm, was adjudged fufficient to avoid the Policy j bccaufe if the Infurer had known what the Infured did, at the Time of making the Infurance, he would not have done it, or at ieaft not on the fame Terms. The foregoing Cafes may properly be confidercd as doubtful with Refpeft to intentional Fraud, and may pafs under the Denomination of Deceptious -, but while the Sums that are recoverable on Policies of Infurance are of fuch Amount, as to tempt Sharpers and Rogues by Profeflion, to cheat honeft and refpedable Merchants, it becomes our Duty to lay before them fome Cafes of abfolute Fraud of lite Date ; that Underwriters may be put upon their Guard, and carefully examine every Document and Evidence upon the Subjeftof Lofles, before they pay the Sums they have refpedively underwritten ; and they Ihould keep up a good Underftandiiig and Harmony with each other. This was an Adtion brought fur the Recovery of a total Lofs, on a Policy of Infurance made on Goods and Merchandize on board the Bona Fcrtuna, at and from North Bergen to any Ports or Places whatfocver, until her lafc Arrival in London. It was underwritten thus : — " Warranted neutral Ship and Propert)'." The Caufe was tried before Lord Mansfield at Guildhall, when it was admitted that the Plaintiff" had Goods on Board to the Amount of the Sum infured ; and it appeared that the Ship on her Voyage was by the Force of Winds and ftormy Weather, wrecked, call away, and funk in the Seas, whereby the faid Goods and Meichandizc were totally loft. But it was likewife proved, that the Shio or Vefiel the Bona Forlitna, and the Property on Board, at and before the Time iht was loft^ were not neutral Property, as warranted by tlie faid Policy. Lord Mansjieid and the Reft of the Court, were of Opinion, that it was tcxj clear a Cafe to bear an Argument. This was no Contrail ; for there was a Falfehood in the IVarranty, in Refpedt to the Condition of the Things infured ; the Plaintiff infured neutral Property, and this was not neutral Property. A ihort time after the Dccifion of JVoolmar againft Muilman, another Caul'c Siain^/after ^hiiilar to It, was tried before the fame learned Judge. The Infurance had beeii /A/.iGs.ui. made on Goods on board a Ship "warranted Portuguefe ; and it was made during the French War, when the Premium would have been much higher on aji F^nglijh Ship. The Pl.iintiff" gave partial Evidence of her h^xn^Vortuguefe ; and that llie was obliged, on Account of Perils of the Sea, to put into a French Port, by wJiich the Cargo was fpoiled. This was admitted by the Defendant, but he contended that during her Stay at the French Port, fhe was libelled, and condemned as not being Portuguefe, and that although the Goods were loft by a difrerent Peril, yet, in Fad, the Ship was not Fortugueje, though infured js fuch, and that this vitiated the Policy ab initio. Verdidl lor the Defendant, ths Underwriter. Kmdiffr, and Tliis was an Adion to recover on a Policy of AlTurancc on Goods on board Tk^hl!/' '^^ Matty and Betty, at and from the Coaft' of ylfrica to her lart difchargiiig sittings after Port in the Britijh IVeJl-IrJies, The Objedlion made to paying the Lois was, T'uH. i:So. that there had been a material Concealment, or Mifreprelentation of the true State or Situation of the Ship and Voyage at the Time of underwriting the Policy. The Ship had been fent out to trade on the Coaft of Africa, with Directions to proceed from thence to the Britijh IF ijl- indies, and to ftop at Ear- badocs, if ihe could get a Sale ; if not, to proceed to Montego-Bay. On the 2d of 0£}ober llie failed from St. Thomais on the Coaft of Africa, with a Cargo of Slaves, and was taken on the 6th of December following by an American Priva- teer. A Letter was received by a Houfe at L/w/^W on the 2 1 It of Fc^rwr/ following, mentioning that the Ship was well, and had liiiled from St. ThomaiS on the 2d of (Jtlober. 1 his Information was communicated next Day to tlie Plaintiffs, who wrote the fame Evening to two difl^erent Brokers, to get a mv \ Infurance on the Ship, (there having been one before) and another on the Cargo, which laft was the Subjed of the prefent Adlion. In the Inftrudions to tlie Brokers, the Plaintiffs lay nothing of the Ship from the Time of her iirll Sailing; ftrnani/rl V. NULL AND void. 31S lie Deleiidant, the Sailing j but to one of the Brokers, they wrote thus : " We Ihould be glad, if you would get us 600/. more on the Ship, as (he is rather long ; and we think it not prudent to run io large a Rillc at io critical a Time. We cxpeft to htar foon of her." It had afterwards occurred, that the Policy might be effedted, if Intimation was not given of the Letter which had been received. The Broker, therefore, by Diredtion of the Plaintiffs, added to the Inftrudtions ; "the above Ship was on the Coaft the 2d of October" but faid nothing of her having failed from St. Thomas's. The Policy was dated the 21ft of March. Lord Mansfield faid, the Infured is bound to leprefent to the Underwriter all the material Circumftances of the Ship and Voyage. If he do not, though by Accident only, or Negledt, the Underwriters are not liable — a fortiori, that is, with much ftronger Rcafon, if he fupprefs or mifreprefent from Fraud. The Queftion is. Whether this be one of thofe Cafes which is affedled by Mifreprd- fentation or Concealment. If the Plaintiffs concealed any material Part of the Information they received, it is a Fraud, and the Infurers are not liable. The Jury found for the Defendant, agreeably to his Lordrtiip's Diredtion. The Policy, in this Cafe, was on the Brig Richard, at and from Plymouth to ^'W' »• Brijlol. Several Letters paflcd between the Plaintiff and the Broker, who effedted ^"^}. j,f,j, the Policy, as to the Premium at which the Infurance could be obtained : At HU. ijSt. laft, it was underwritten at four Guineas per Cent. The Broker's Inftrudtions ftated, the Ship ready to fail on the 24th of December. The Broker reprefcnted to the Underwriter, that the Ship was in Port, when, in Fadt, (he had failed the 23d oi December. Lord Mansfield faid, this was a material Concealment and Mifreprefentation ; the Jury, however, hefitated : His Lordrtiip then laid down the following as general Principles. — In all Infurances it is effential to the Contradt, that the Aflured rtiould reprefent the true State of the Ship, to the bell of his Knowledge j on that Information, the Underwriters engage. If he dates that as a Fadt, which he does not know to be true, but only believes it, it is the fame as a Warranty. He is bound to tell the Underwriters the Truth. In the prefent Inftance, the only material Point is tliis ; Had the Ship failed, or was flie in Port ? Upon this, the Jury found for the Underwriter. But, before we take Leave of this important Subjcdt, it is effential to notice, that there are Exceptions to the general Rule againft Concealment, which the Infured rtiould be apprized of. Aliud efi cetare, aliud tacere : There are many Matters, as to which the Infured may be innocently filent. Firfi, as to what the Infurer knows, however he came by that Knowledge. Secondly, as to what he ought to know. Thirdly, as to what leffens the Rifque. An Underwriter, for Inftance, is bound to know political Perils, as to the State of War and Peace. If he infiires a Privateer, he needs not be told her Deftination. And as Men reafon differently from the fame Fadls, he needs not be told another's Conclufions from known Fadts. See Park's Syfiem of the Law of Marine Infurance, p. 183, where thefe Exceptions are ftated from Blackfione's Reports. Deviation is underftood to mean a voluntary Departure, without Neceffity, or any reafonahle Caufe, from the regular and ufual Courfe of the fpecific Voyage infured. This Caufe was tried before Mr. Juftice Tates. The Plaintiff infured Goods F«c y. B/«"/. 176. re was none, this lliall be Money received to the Ufe of the Infurer, for which ,ii^. *'.[;; It any of tlic Circumftances above ftated do really and boimfJe happen, fo as A,.*, to render a Deviation abfolutely necefTary, the Ship muft purfue fuch Voyage of Ncivl/ity in the dired Courfe, and in the niorteft Time poflible, othcrwik the Untie rt-riters will be difchargedj becaufe a Voyage fuper-added by Neceility, oii"ht to be fubjeft to the fame Qualifications, and entitled only to the fame Sort of Latitude, as the original Voyage, it having become by Operation of Law a Fart, as it were, of that original Voyage. A Ship in htr Voyage was feized by the Government, and turned into a Firc- Ship ; the Qucrtion was, whether the Infurers were liable. Holt thought it was within the Word Detention ; but the Caufc was referred. Wlierc the Policy is againft Reftraint of Princes, that extends not where the \J"f^^^^\'j Infured ihall navigate againft the Law of Nations, or where there ftiall be a 840. (uppnTcJ Seizure for not paying of Cuftoms, or the like If ' ■ " ' '" ■■ ' ' ' then he may maintain an Adlion. s. P Per Uclt, Ni/i Fn'us, the Captain of a Ship may be changed, without Notice 1 2 Mod. 32 j to the Infurers j efpecially as our prefent Policies always contain the Words, or w/jofjever elj'c Jhall go for Mafer in the /aid Ship, Goods infured by Agreem>. *, valued at 600/. and the Infured not to be obliged ^ ''"'•" !^' to prove any Intereft, yet the Infured was ordered to difcover what Goods he -'^-i'^" '" put on board, that the Value of his Goods faved may be deduded out of tlic 600/. The Pulley ran, t;/l the Shipjkould have ended and be dlfcharged oj her Voyage, SH't. 143 . Arrival at the Port is not a Difcharge till Hie is unladen. If Goods be infured as the Goods of an Ally, when they are the Goods of an Ditto, 327. Enemy, it is a Fraud, and the Infurance not good. Inlnn'.nce from I.ondon to the Eajl-Indies. warranted to depart with Convoy, ^ ''/"''• 4«' Declaration fcts forth, that the Ship went from London to the Doivns, c:,fe." " and from thence with Convoy, which the Court held to be fuHicient ; contra Holt. Damages happening to perifluble Goods from their own Nature, not to be borne by the Affurer. One, having no Intereft in a Ship, lent 30CA on a Bottomry Bond, and infured ^f/^J^^!"'^' 450/. on the Ship; the Bond was recovered, but the Policy decreed to beojiiw/. delivered up. And formerly, if one had no Intereft, though the Policy ran, Intereji or no 10 Mod Intereji, the Infurance was void ; and the Reafon was, becaufe Infurances were ^'^' made for the Benefit of Trade, and not that Perfons unconcerned therein, or unintcrefted in the Ship, ftiould profit by it ; and in this Calc, if the Ship furvived the Time limited in the Botfomrj' Bond, and was loft within the Time limited in the Policy, if Infurance good, the Defendant might be intitled to Money ocv the Bond, and Poliry alfoj but fince this, Infurances have been conftantly adjudged good, on Intereji or no Intereji, till the afore-mentioned Adtof 19 Geo. II. Cap. 37, prohibited it. One lends 250/. on a Bottomry Bond, and afterwards infures on the fame Ship, » '''" . the Ship is loft, Iiq fliall have both the Benefit of the Infurance and the^^X/LV Bond too. On a Special Verdid: it was found, that the Ship was loft per Fraudem & V^f' '^°' Negligentiam Magijlri, and Fraud was held to be Barratry, though mere Negli- CambrUgr. gence might not. ,0 Mod. 77. Infurance, Intereft or no Intereft, the Ship was taken by the Enemy, and kept ^«r^« v. for nine Days ; but before it was cail-ied infra Prefdia, viz. a Place of Safety, it [f'jshff'j;^ was retake-i by an Englijh Man of War. And whether fuch taking vrs fuch a taktn by a Lofs as would entitle the Afliirer to recover, was the ^ejlion-, ?jid the Court ''"7"^'^;'"' feemed to be of Opinion for the Defendant. InJyl'A Firft, becaufe they would be never more favourable to an Infurer non bond fide, »f theKinsj. or a Wagerer, than to one that infurcs bond fde ; for they held, that an Infurer, iook'if,"^ if having Intereft, could not recover; the Property not being altered by the taking, no lawful But no Judgement given. PriK, andthc 4 M A Merchant no°'^UercJ, 77. riT. \n m 3i8 fi:; i\\ ■■( ; ■l.» I ml ii 6/ Co/?/- V Slamier, 1 Pr,r mil. 170. ff'fwvtr V. FmcUr, K. P. Decreed Nnr:h 1713. Ajjirwdn V. Cainbridgt* Carter V. tilner, at VmUhall, 28 7«»f, 1744. S/f/'rtr^ //>■// & al, V. ^'c Captain and .•?;.■.•,//■//:■ C'onful difcourfe about their Solici- tations for freeing the »>'oods, which, joined to the before-mentioned Copy of her Condemnation, he thought furikient Proofs of tlie Lois ; but the Defendant being of a contrary Opinion, and not fitisfted therewith, Hood a Trial, when tlie Jury found a \'crdid for the P/rt.77////^ The Dartmouth Galley being fitted out as a Privateer, failed (in Company Jolahn ,ind with the Fortune) in Oihber, 1744, on a Cruize, and the Plaintiffs ^i-ing con- ;);;;;/^->£- cerned therein, got Infurance made on their Part for one Calendar Month, otj^n. 'in„„j which the Defendant underwrote 200/. and the faid Ships, after being out two '""'•/^W' Days, fell in with two French Men of War, vvitli whom the Dartmouth engaged, '" "' " and after a gallant Defence was taken by them, though not till the Captain and two more were killed, and feveral wounded, when the Lieut ,nant feeing the Ineqiinliiy of the Combat, ordered the C:olours to be ftruck, and furrcndcred, on which the Conquerors ordered the Dartmouth's People to hoift out their iJar^e, and go as many as could on board the Man of War, but the Dartmouth's Men finding an Opportunity failed asvay, and got o?t; their Enemies purfuing and overtaking them, they were obliged finally to fubinit, and the Men of War • fent a Lieutenant, with a fufficient Power, to take Polfeflion of the Dart'touth, in whole Cuftody fhe continued onl> about an Mour and a Half or two Hours; for the Lieutenant and his Company perceiving Ihe was leaky, by one of the Men of War running foul of lier, and ftarting a Plank, during the Lngage- ment, called to his Commanders to fend a Boat for them, as they feared finking, ».'Mch they immediately complied with, and the Lieutenant of ihc Darimout/j, and about ninety of her men were carried into France, and the Boatfwain being left on board with about twenty more (including nine wounded ones) fearchcd for, and in a great Meafure flopped her Leaks, and taking Advantage of the I''reiiCii- mcii's Fears and the Night, in two Days after got (afe again into Dartmouth j and foon after her Arrival there, was refitted by th;^ Owners, ard failed on another Cruize. After this the faid Ship was kept infured from Month to Month, and the Defendant underwrote feveral fubfequent Policies on her, being always told by the OtHce- Keeper that he was of the lirll: Policy, and neither he nor the Plaintiff ever pretended to demand any Thing of him on Account thereof. In about fix Months after the Expiration of the aforjfaid Policy, the Defen- dant paid the Plaintiffs a Lofs on her, having continued to infure her Monthlv, from the Policy in Queftion, and the Plaintiffs when they received it, never fo much as infinuated, or pretended they had any Right to the firft Infurance; however, the Plaintiffs have now claimed it, as die taking of the Ship, and carrying of her Men away, entirely overfet the Ciuize, and (he could not be re- fitted and fail on another before the expiration of the Month for which fhe was infured, and confequently this proved an entire Lofs to the Allured ; but in Support of the contrary, it is alledged by the Defendant, and confirrned 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 W^ords of the Policy being, to be infured loji or not lojl, to any Ports or Places, for one Calendar Month, but no mention at all made of any Cruize j on which Account the De- fendant fuppofes there could be no Interruption to a Thing never guarded again fl ; and befides the Ship was fo far from being a total Lofs to the Owners on the firft Rifque, that fhe afterwards met with great buccefs by taking a very rich Prize. And if this Dodlrine offered by the Plaintiffs had taken Place with Refped to Infurances made for Time, every Collier might bring ;his as a Plea, as they ■ 4 N • are ' llHi \ ] iHtr;' !!■ iff M^ wV//ij V. I'm- iU.lt. OF INSURANCES. arc nlv.ns iiiftiral ir,ttion of the Infurimcc. The I'laintifi" fiiilod Fnl'inance to be made tor himfelf or others, hfl or not hi'}, on the i;o(>d Ship Ij'llturiux, Capt. Heatrix, t'rom linyomie to Miirtinko, the Ailventnrc beginninp; at and from Bayonnc to Martin/io, and (.'(■ Fnin^ois in St.Domihv,^, with Liberty to touch and ftay at any I'ort-; or IMaces whaf- foever, withmit Prijiidu.' to the Inhirancc, and without other l'rix)f of Intcrell in Cai'c of I.ols, th m tlic prelent I'olicy, and the French ami American Livrcs to be valued Kleven-l'ciice euh, without further Account to he given ; and for this the Alhned paid thirty Ciuincas /icr (-V«/. to have twelve (iuincas ^tr CV;;/. returned, in Cafe the Shij) ihould depart with Convoy from Dayonne or L' Ijle D\!r.<. Tlic fiid Ship fiikd two Days after in Profecution of the aforefaid Voyage, and \vas taken, hroup^ht to London, and condemned ; on wliich the Aluired demanded of the Defendant his Subfcription, which he refufed to pay for dif- ferent Reafons as v.ill be hereafter mentioned. Several Merchants in France, particularly at Bounieaux and Bayonne, afier the Commencement of t!ie French War of 1744, fitted out a great Number of Ships under a Pretence and Appearance of fending them to the French Settle^ mints in .imericn, &c. and got them infured to their full Value at Marfeilks, and other IMacts in tliat Country ; and -as the Laws of France prohibit every I'eilon irom making larger Iiifurance than what their Interell is, they, without difcovering what tluy had done in tlieir own Country, rcquelk-d f^vcral Gentle- ntn here to get Inlurance made for them, often to three or four Times more than tReir real IntereO: was j ami tlie faid Ships being generally taken or loll, the L'nderwritcrs, without fufpeCting any Fraud, paid tiieir Suhfcription, I'y whiih Means the French, concerned in thefe I'rat^lices, got more than they wouIJ liavedone by any fair Adventures. Thefe Sorts of TranfatSions became at laft fo notorious in J'ra'/re, that Moiif. the Count de Maurepas, Diredor of the Marine in that Country, about ,1/,,!', 1747, took Notice of it, and lent a Letter to a Mercliant at Xantes r.eiiriiig Jiim to enquire of his Correfpondent in Eng/ant/, into the Valuations of the fcvo- ral Ships and Cargoes mentioned in the Letter (and amoni^ll lliem of the Heiirctix, Capt. Beatrix, before-mentioned) with the Amount of the Inlliratucs made thereon, declaring in the fliid Letter, th.it there were great IVauds com- mitted by Perfons of Bayonne and Bounieaux, in fitting out Ships and makii)g large Infurances thereon, and then putting thoie Ships in the Way of Iviiig taken by the Englijh. This Gentleman lent a Copy of the above-mentioned Letter to Mr. Henry Loubier, a Merchant of this City, wlio geiieroutly eoia- municated the fame to leveral of the principal Underwriters ; and they in Cuu- fequcnce of this Advice, chofe -e. few Gentlemen from among themlLlves as a Cununittee to enquire into thel'; Frauds ; and tlv.y found that llveral Gentle- men in England had procured Infurances to be made on French Ships from Bourdeaux and Bayonne to the // e// Indies, either ujwn the Terms of Intereji or no Interejl, or without further Proof of Intereji than the Policy, to the Amount of 100,000/. of which near the Flalf was difputable Lofles, by there being grcit Real'on to believe, that thefe Infurances were fraudulent, and among others thi.' Ship in Ciueftion i upon which a Bill in Chancery was filed, and an Injinidioii obtained , but on the Plaintifi's fwearing he knew no Fraud, the Injundion was diliblved. Tlie Committee fent an Anfwer to Mr. Maurepas' Letter, authenticated by a Notary Publick, whereby it appealed, that the Ship and Cargo in DifputJ were fold in England for 788/. \\s. ^d. i-iz. the Cargo for 388/. 11/. 3//. aaJ the Ship for 400/. and tnere was inlbred on her in England, 2790/. and at Marfeilles, it was found, upon Inquiry, that 12,000 Livres had been infured, which (reckoning a Livrc at i\d.) amounts to 1:50/. The O I- INSURANCES. jji) The preceding Cirtiimil.uiccs were offered to the Court in order to dillharge ihc Dckriidant from paying the Ii\lur.incv, hut it not heing in his I'owcr "to prove them, thoiiglj he iuppoll-d tlieni Matters of FaCl, and it appearing plainly that the Plaintiff had not in the lead been guilty of any Fraud, and the I'olicy being exprefsly valued, and that in Call- of Lofs, the Alliirtd (liould not he obliged to prove his Intereft by any other Means whatllKver, fave by the f)re'l-nt Poliey, as is mentioned in the Ik-ginning of this Cafe, and had paid an ade(jnate I'rcinium to the Rilliue, whiih to tlie Underwriters was rather lefs tiian would have been on an Intered to be proved ; as in this latter Cafe they are liable to Averages, which on Policies like this in ()uellion of Intnrjl or no I'l- tacjl, they are lolely anfwerable for a total Lofs; and tlie Jury found a Verdid for the Plaintiff. The f.ime was tried on three other Ships under the fune Circumllances, on which large Sums had been iiifured, and had the fame Determination. The Plaintiff, being concerned in the S.il.imiiihLr Privateer, made Infurance/'j*,/ v. AV^. on her, as well in his ow n Name, as for and in the N'.uue and Names of all and every other Pcrfon or Pcrfons to whom the fame did, might, or (hould apper- tain, in Pait ')r in al], led or not lod, at and iVom the Dou-ns, or ellewhere, to any '.'orts or Places whatfoevi-r, for and during the 3p,ue of three Calendar .\lonths, to commence from the 21 d of /Juvw/r/-, 1744, upon the Body, 'I'ackle, 6V. of the faid .Ship; and to continue" untd the laid Ship, with her Tackle, (^c. diould be arrived at, as above-mentioned, aiul there bad moored at Anchor twenty-four Hours in good Safety; and it (hould be lawful for the faid Ship in that \'()y.\ge, to proceed and fiil to, and toucli, and day at, any Ports or Places whatfoever, witliout I'njudlee to that Infur.uice ; the laid Ship, tf. for fo much ;"■• voncerned the Aillireil, was and lliould be valued at, fntcreji cr no Iittcrcji, Irte of Average, and witliout Uenelit of Salv.igc to the Ad'urers, touching the Adventure, ic. which they, the Alllirers, arc contented to bear, ■..'id ilid t.ike ujion them ia that \'oyage, ^i.-. and in Cafe the laid Sliip ihould not be heard of in twelve .\lo.il!i,s ..fter the F.xpir.ition of the above-mentioned three Months, the AlUirers a;,'reai to pay the Lofs, and the Allin-ed to rep.iy the fame, if afterwards tiie laid Siiip fliall be heard of in Safety. The UelenUant under- wrote two dirtercnt hundrctl Pounds at feparate Times, on the aforefaid Policy, and tiie Ship proceeded on her V^iyage, on the i\^oi Dccembir as above-men- tioned, and was taken by the h'rench, on the 2d of February following, after an Fngagement of more th.ui an Hour with a much fuperiour Fo« je, and after fevcral of her Men were killed and wounded; and being thus conquered, 117 of her Men, including the Captain and all the OHicers, mod of her fnvall Arms, and the Commillion were removed into the Enemy's Ship, and carried into France, leaving only fe\'enteen Fnglijb on Board the Salamander, of which five foon after died of their wounds, and two French OlHcers with twenty-four of their Men ; and the faid Ship was in Pollcdion of thefe their Adverfaries, from four of the Clock in the Aftern(X)n of the faid 2d Day of February, until five of the Clock in tlic .Vlternoon of the 5th Day of the fame Month, during all which Time liic was abfolutely in the I'ouer of the Enemy, and was, at the lad mentioned I'eriod, retaken by the Hunter Privateer, dipt. R/e/>arii f'ea/e, who put thirty of his Men and two OlKeers on board her, and kept her cruizing with him for eight Days, when the faid Captain rea/e engaged, and took a French Ship, with vshicli, together with h'S own Ship and the Salamander, he endeavoured to gain ibme Port in England v Ireland, but the Wind and VVca- ther not permitting, he carried them all to Lijlwii, a neutral Port, where he lay a confidcrable 'lime; during which Captain I'eale took out of the Salamander two Carriage (iuns, and thirty hundred Weight of Bread for his Ship's Ufej and the Captain of tiie Durjley Privateer, being in Partner/hip with the Hunter, r.lfo took out two Carriage Guns for the Ufe of his Ship ; of all which Captain P'eale made a Manifed, and fent to his Owners, that they might be accountable for them where they ought. Captain reale levied and indituted a Caufe or Suit in the Vice Admiralty Court at Gibraltar, againll the iiiid Ship, tlie Salamander, 6cc. and on the 29th of a ■ ylpril. % \V !i 5,1 324 i 11 'I \ !lf ;i!! Uuffm C^ F I N S IT R A N C F, S. /fpn'/, 174;, olitaincci a Decree fioiu tlic Jiiili;e thereof, fh.it the ('liil Sliip, fire, ihoiilil be rcllorcd lo lier ri^^htt'iil Owners, they pin ini;, in I.ieii ut' Salv,\^jc, one thin! I'art of the full, true, aiul real N'ahie thereof, free aiul elcar from all Charj»es and Dediidt ions whatfoevcr 1 hut as her Capture had ii'tirely ovcrlet \wy Voyai;e before the Mxpiration of the three Months, for x.'hiih (lu was infura!, tlie I'laintilf ilenvuideil the Infuranee of the Defendant, \\hii.li h^M:ii^ deni>.il, he filed him for the fame j and on the 'I'rial M Utiilil'.ill, the juj-y brought in their Verdid fprti.il, which occafioncd its hcini^ argued before tl>e Juiljjes of the Kind's Ihihh in Hiliiry Term, I74fit and tlie Difpute in (^lellion feenud to turn on this I'oint, •;•'.•. whether a I'ohry inaiie tree of Average can aft'eJt thj Infurer but by a total Lofs. This was (hongly urged in I'aviuir of the Defen- dant, whofe CounlLl fuppofed that the Recapture prevented tlie total Lol'i which would have happened, had the lincmy carried her into /•'•v;«tV j and th.it lie was freed by the Policy from I'ayment t)f the Averai';c onlei '. to be paid in Lieu of Salvage, fo that Lonfeiiuently the I'laintitf's Demand on iiim was ill fcninded and uniull; but ilie Argiunrnts on the contrary Side being ftrong ami conchifive, I (h.dl tranfcribe the greatell I'art of them ( and the (^leltions nov upon tlie ('}>eci.\l \'erdi»lt are two, one to be confulcred upon the firil, the otlitr O.J the Iccond Count in tlie Declaration. ill. Wls'thci- the I'roperty of the I'ri/c was diverted by the Taking ; and 2dly. Whither, as it is found that the N'oyagc was totally broke, and tliO I'lir- pofe thereof defeati.d by the Capture, and no Ueditution nvadc to the Ownei^, there is not a Hreach of the Policy, futficient to give the I'laintitf a Right of Adtion, notwithllanding the Recapture, and though the Property be not changeii, anil tlie Infuranee be made tree of Average. ill. It is found that the Ship w.is taken by the I'ncmics as a Prize, aiiJ that a Hundred and fevcntecn Men, including the Captain and Otiieer;, with the greatell I'art of the fmall .Arms, Commillion, C'c. were carried iiitu Franct', and only feventeen Men were left on board, all of which, c.\ecj)t three, wac wouiuled, and five of them ilied fooii after, fo that they were not able to navigate the Ship : ''ut two Fn/ich Officers and twenty-four .Men were put aboard, and the faid Ship I'o conquered remained in the Polfedion of the linemy, from the 2d to the 5th of Ichujry, aiid during all that Time, was abfolutely in tlieir Power ; and that thereby the Voyage infured was totally prevented. I'hele l-'aits, according to the Laws of Fm.'h'i; Spain, llolhvi'.l, Sweden, and other European Nations, are futiicient to divert the Properly of the Prize; but according to the Opinion of fome Writers, who draw their Notions from the Rule of the Civil Law, the Proi>erty of a Ship taken at Sea, is not diverted till the Priijc is brought Injiti Fines, or Injra Prejiiiia Qipi- entiuiii. If the Quertion therefore is to be determined by the prcfeiit Law of Nations, it is with the Plaintiff' ; for thereby the Property of a Prize is changed. By a firm PoU'elfion of twenty-lour Hours. But if by the Opinion of certain Dodors of the Cioil Laiv, It is againrt the Plain ti^; The Prize not being brought TfiJ'r.) Fines Hojiium. It feeins to be agreed by all the contending Writers upon tliis Quertion, tli,it the legal Principle, which verts the Property of a Prize, is Such a Taking as enables the Captor to retain and defend the Portell'ion, but their Difpute is concerning what CircumrtanCe is declarative of fuch Ability, ami upon this Head it is that a Variety of Difficulties have arofc. Fan Hynkerjhock, fpeaking to this, fays, " Quando autcm ita adcpti videamur Pofleflioiiem, ut retincrc, vel iion " retinere polfimus, Caufarum Varieta;- definire non permittit." They all likewife agree, that when the Spes probabilis recuperandi is loft, or the Parties may be faid depojuijje Animuni recuperandi, the Pro}x.'rty becomes the Captor's. \ But OF INSURANCES. 3^5 .'tmcrc, vel But tlicy cannot fettle what rtiall be Evidence thereof, though they confe(s it would be beneficial to the Publick, and reafonablc in itfcif, to put an End to ;ii) Infinity of Litigation, by rcducinj,' the Qucdion to a Certainty j yet, notwitlilhuidinj,' fo iicccllary an Mnd is fully aj;recd upon, the Means Irading to it arc not : the Dodtors, adhering zcaloully to the Rules of the Civil Law, contend, that the Criterion for determining the Qucftion, (hall be a bringing tlic I'ri/c /////•<; VrtrJiSa ; the Law of Nations regarding the general Intcrcft and Convenience of the Subjcds, and to give all pollible Encouragement in the Time of War for the retaking of Frizes from the lincmy, hatli ordained that a Fodeilion of twenty-four Hours (hall be futficicnt. And now it is for the Judgement of (!ic Court, to which Side they will pay the l^cfcrciicc; that is, whether to the Opinion of fuch Dodlors, as Albcr. (nut. Petriiius Ufllus, and /'(/« liynkajbock, or to the Law and coiiftant Pradicc ulid in other Nations. If they adhere to the Doiflors, the Qucftion is not finally fettled amongft them, for fome contend, that there muft be a bringing Itifrii Fines Cupienliuni, others only /////ned of the Defigns and Strength of the Enemy, and what Degree of Force will be futHcicnt to repel their Attanpts. But let it be obferved, that a fingle Man of War, Frigate, or Sloop may be deemed fufficient to proted one or more Merchant- men ; and if the Captain has received his Orders to proted tliem, tliougli his Force may prove infutHcient, and the Ships are captured, tliis is to be conlidcrcJ as failing with Convoy according to the Warranty in the Policy. The Cafe, in which the above Points were fettled, came before tlie Court upon a Rule to (liew Catife why the Verdidt, which the Defendant had obtained, (hoiild not be fet alide, and a new Trial had. It was an Adion to recover upon a Policy of Infurance on the hh\^ Arundel, Captain Mann, at and from Jamaica to Lo'.do'i, warranted to depart "with Convoy. The Fadls appearing, on the Report of Lord Mansjidd, who tried the Canfc, arc thefe : On the 25th o' J uly, the /Inrul 'I failed from Mcrant Harbour to Kingjion, wlicre flie met the Chrieux Man of War, Captain Cadogan, wlio was likewife on his Way to join Admiral Graves at Blue- fields. Lord Rodney had app Storm, wliich difperfcd the whole Fleet, and in wliicli a \ aft Number of the Ships perilhed. Upon this Evidence, tlic jury were of Opinion, under tin; Diredion of tlie Chief Juilicc, that the Tcruis of the VV'anaiity had not hxn perfoi incd ; OF iNSUitAN'i Syflem Authority to fupport them, yet it will be proper, by Way of Illuftrr.tion, to point "'^ ^"' '^*'' cut to the Reader in what Cafes the Opinions of foreign Writers agree with the Determinations of the Englijh Courts of Juftice. Moniieur D'Emerigon, a very tliftinguilhed Writer upon this Branch of Jurifprudence, puts this Cafe : " On avoit fait des Affurances fur une navire, de fortie de Marjeiiles jufqu' aux detroits de Gibraltar ; ct dans la Police il £toit dit, que le navire partiroit de Marfeilles fous I'efcorte d'un batiment de Roi; autrement, Aflurance nullc. Une Fregate, chargee de munitions de guerre pour Algejiras, fe trouvoit a I'EJlague. Le navit« allure mit a la voile fous les aufpices dc cctte Fregate qui lui accorda protection, ct qui partit en memc temps. Co:ifulte fur ce cas, je fus d'avis qui ft le navire etoit pris par les cnnemis, les Aflureurs feroient fondcs a refufcr le payment de la pcrte : car une chafe ejl d'etre fous Pefcorte d'un batiment de Roi, et autre cbofe ejl de lunigucrjimplemcntjbutfes aujpices." 4 P Having \4 33« OV INSURANCES. t']'''\[ I j| Having now Iccn what (hall not, and what (liull be deemed a Corvoy, let iii proceed to invcftigate and confirm, by Cafes, what (lull be confidered as a Depar- ture with Convoy, within the Meaning of a U\iniinty in the Poliry to tkpart iv'iih Convoy. The Rule in this Cafe is Ihort and clear, tliat fuch a Warranty iinplios that the Ship ihall go with Convoy from the uiual Places of Rendezvous, at which the Sliips have been accuftomcd to ailemblc ; as Spitlwiul or the D)u;\t for the Port of Lomlon, and Bluc/ieUs for all the Ports in Jtiiuiiici. And that fuch Warranty d;x;s net limit the Ship to depart with Convoy, from her Port of Lading or Difcharge, but protcds her by the AlTurance, while on her Way from fuch Port to the ul'ual Rendezvous to join the Convoy. This Dodbine wo'^ admitted, and has been made a I'recalcnt ever fnice, in the following remarkable Cafe. Cci:!fi snd The Plaintiffs being Marchants reliding at Gibmltitr, and one of them comi.i^; a/o'/v7f.(; • to LWsw, to purclnUe Goods fit for that Place, bou['.ht to near tlic Value iV »!thf Mttings 3000/. and, in order to forward them to the aforclaid Place, he took Freight on otter Alut. the ship /Jy for the Voyage, or the ichole Voyage, was intended, thofe explanatory Words had bet 1 added ; and that, by this Ufage, the Expreflions of failing with Convoy, and Jailing "uitb Convoy for the Voyage, had received dilUndt technical Meanings ; with Convoy, fignifying, whatever Convoy the Ship fliould depart with, whether for a greater or lefs Part of the Voyage, Several Policies were alfo produced, which had been filled up at the Office of the fame Broker who had prepared that which had given Occafion to this Caufe, in which the Words /ir the Voyage, or for England, were added. The Captain proved, that at the Time when he left Gibraltar no other Convoy was to be had. The Witneffes for the Defendant fwore, that they under- ftood the Words with Convoy to mean Convoy for the Voyage ; and the Broker faid, that at the Time this Policy was figncd, he underllood, and apprehended it was fo underftood by all the Parties, that the Convoy was to be for the Voyage, and that the Return was fuch as was ufual, when Convoy for the Voyage was meant. The 33^ LfgCKftra^ 1 iiilk. 445 OF INSURANCES. The Cafe being fully argvicd at the Bar, Lord Mmsjlell afterwards gave Ins Opinion in Favour of making the Rule abfolutc for a new Trial. His Lordlliij) took Notice, that, on the Words, he was ftrongly of Opinion that the Policy meant a Departure with Convoy intended for ihe Voyage j yet he thought that the Evidence was properly admitted at the Trial, bccaufe the Senfe contended for by the Plaintiff was not inconliftent with the Words of the Policy, and therefore it was material to fee what was the Ufagc. His Lordfliip further faid, that Im laid great Strcfs on Mr. Gortnaris Teflimony, whom he did not conlider as a common Witnefs j and concluded with this memorable Obfervation, of the fiift Importance to the Mercantile World, and which we cannot but wi(h the Lawyers would adopt : '* Certainly critical Niceties ought not to be encouraged in com- mercial Concerns > and wherever you render additional Words neceflary, anj multiply them, you alfo multiply Doubts and Criticifms. It may be hard, becaufe Words have been added in fomc Inftances, to force a Conftrudtioii in tliis Cafe, from theOmidioii of them." On thefe Grounds the Cou.t granted a iinv Trial, which came on before Lord Mansjiehl at the Sittings after 'Trinity TiT;;;, 1779, when a V ,^rdidt was found f(.r the Defendant, the Underwriter. But although it has been fettled, that a bhip mull depart with Coiwoy lor t'lc whole Voyage, yet in the lafl Cafe it was truly faid by Lord Mansjielct, that an unforefeen Separation is an Accident to which the Underwriter is liable. Ami the fnfl Decilion upon this SubjevS was fuch, that it never has been departed from in any one Inftance. Ajfumjit on a Policy of Infurance, made in the ufual Form, " from London to Cadiz, warranted to depart with Convoy." Upon the general Illue pleaded, the Jury found a special Vcrdid ; ftating, that the Ship did depart from the Port of ^"sf'^''-^' ^o"^"" i" Company of the Convoy intended, and failed together as far as the Ijii ^\i^.\i^'^' oj IVight, in Purfuance of the Voyage towards Cadiz, and there they were fcpa- *• C- rated by Strefs of Weather j that the Convoy put into 'Tor^^y, and the in lured Ship into the Port of Fo-wcy in Cornivali: That three Days afterwards, the Wind letting right to bring the Convoy down the Channel, the Mafter of tlie infurcd Ship failed out oi Fowey, on purpofe to meet the Convoy j but it did not conic: And then the infured Ship was feizcd with another Storm, fo that fhe couKl not return from whence n?e came, but was driven upon the /•>c'«t-^ CoaO:, and there taken by the Enemy. . After feveral Arguments on this Special Verdict, the Plantiff had Judgement, per totam Curiam, lor the whole Lofs ; and the principal Reafon was, bec.^.j 'i there was no Manner of Negletfl, or other Default, found in the Mailer of the Ship ; but it appeared he had done all in his Power to keep in Company of the Convoy. It is found exprefsly, that he departed with Convoy from his fu ll I'ort, which anfwers the Words of the Policy : But it would have been (jthcrwill-, if any Fraud or Negledt had been found in the Mailer of the infured Ship after lur Departure, notwithftanding he departed out of the firft Port with Convoy ; lor the Meaning of the Words, " "warranted to depart loith Convoy," is, tlwt the infured Ship fhould keep Company with the Convoy during the whole \oyage, if poflible. Part, Even where the Ship has by tempeftuous W^eather been prevented from joining the Convoy at all, at leaft of receiving the Orders of the Commander of tiie Ships of War, if rtie do every Thing in her Power to effctit it, it (hall be deemed a failing with Convoy, within the Terms of the Warranty. riatrii, V, The Plaintiff had infured on Goods in the Jobn and Jane, from Gottcnburgb ^''{"' , ,0 *o London, with a Warranty to depart with Convoy from Fkckery. In July, ' ' 1 744, the Ship failed from Gottenburgh to F lechery, and there flie waited for Convoy two Months. On the 2 ill oi September, at Nine in the Morning, three Men of War, who had one hundred Merchant-Ships in Convoy, flood off F/edery, and made a Signal for the Ships there to come out, and likewife fent in a Yawl , to order them out. There were fourteen Ships waiting, and the Join and Jute got out by Twelve o'clock, and one of the firft ; the Convoy having failed gently on, and being two Leagues a-head. It was a hard Gale j and by Six in tlie Afternoon, tiie Ship came up with the Fleet ; but could not get to either of the 2 Men OF INSURANCES. 33i Men of War for Sailing Orders. It was ftormy all Night, and at Day-break the Ship in quertion was in the Middle of the Fleet; but the Weather was fo bad, that no Boat could be fent for Sailing Orders. A French Privateer had failed amongft them all Night ; and, it being foggy on the 22d, attacked the John and Jane about Two, who kept a running Fight till Dark, which was renewed the next Morning, when flie was taken. For the Defendant, the Underwriter, it was infiftcd, that this Ship Was never under Convoy, nor arc Ships ever confidered fo, till they have received Sailing Orders ) and, if the Weather would not permit the Captain to get them, he fliould have gone back. But the Chief Juftice Sir William Lee and the Jury were of Opinion, that, as tlie Captain had done every Thing in his Power, " it was a departing with Con- voy :" And thofe Agreements are never confined to precife Words ; as in the Cafe of departing with Convoy from London, when the Place of Rendezvous is Spit- head, a Lofs in goi-ig thither is within the Policy. Verdidl for the Plaintiff. The Plaintiff having underwrote the William and Anne, Captain Strachan, at tifwu v, tiiid from Virginia or Maryldnd to London, had a Mind to reinfure himfelf, and ov/X//^tlie accordingly ordered Mr. Alexander Hojkins, a Broker, to get it done ; who having sittin>;!i aftet complied with the Commiffion, certifitd On the Policy, that the Intcreft was in ^'P' l'«™. the Plaintiff. ''"'' The Infurance was made, Intcrejl or no tnterejl, free of Average, and without Benefit of Salvage? but under the Policy was this Claufe, in Cafe of Retain, the Affurers to have lien^t of Salvage, and pay Average, the fame as if wrote on Intcrejl. The Ship failed from Virginia on her Voyage to London j and being about . ,vo hundred and fifteen Leagues to the Weftward of Cape Clear, after a Voyage of three Weeks, fhe was taken by two French Privateers, and carried into a Place in Newfoundland, called by that Nation Cape de Grate, and commonly occupied by them in the Fifhing Seafon, where fhe continued in the Eiemy's PofTeffion 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 Lading; and the Ranfom-Bill bcin^' figned, and his Mate left as an Hoftage, they permitted him to purfue his Voyage to London, where he after- wards arrived. Soon after the Ship's Arrival, the Merchants who were concerned in the Cargo, and had been infured, applied to their Underv/riters for Satisfaction ; when moll of them fettled the Average, for wiiat wa» pillaged, at fifty /«• Cent, one at forry, and the prefent Plaintiff paid his Quota thereon, and afterwards applied to the Defendant, who had re-infured him, to fettle his Policy; and it was agreed between them, that it fhould be on the fame Footing as the major Part of the aforefaid Underwriters or* Intereft had done, which the Broker, in this Infurance, underflanding was do.->e at fifty per Centi he cndorfed on the Back of the Policy thefe Words, " Adjujkd this Lofs at fifty Pounds per Cent, to fay in one Month, London^ 12 December, 1745; and figned by the Defe/idant, Daniel Flexney." Though at the Time the Defendant figned the above-mientioned Note, he told tlic Plaintiflf", that fome of the Undeiwriters, on the original Policies, had oaid 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 throu^ the Word fifty, and above it wrote forty, which occafioned fome Difputc between them ; but the Indoifcment fo figned by the Defendant remained uncancelled. The Defendant afterwards refufed making any Satisfaction, under a Suppo- fition of his having no Obligation thereto, for which his principal Reafons were, viz. I ft, That although he had figned fuch an Adjuflment at. forty per Cent, yet he is not bound by it, bccaufc t'le Plaintiff objected to it at tJie Time of figning, and infilled on fifty. 4 Qi. sdly. '•,\'; •'(! mm mu 73+ OF 1 N S U R A N c r. s. 2illy, Th:it iiltlu)ii-li the ;,hlp was in the F.Mcmy's PofTciriun, and canicd into Ci'pf Jr (jrii/f, yet (he .itterwanls proceeded on tlie lame \'oyagc, and anived ihfl in iMidiii, therelorc tlicrc could be no Lois, lb as to recover under .1. Policy lntrn)l or tio [nlcrejl. To the lirft of which Objeccions, the Plaiiuift" admits that he did find Fault with the Defendant (or ftrikinj; oi'.t the Word fifty, and inferring forty, yet as. the Defendant did not then think proper to cancel the faid Adjullnient, but per- mitted it to remain on the Back of the Policy, the Plaintiff apprehended he had a Kii^ht to recover under the faid Adjiiltment. A.' to the Defendant's fecond Objection, the Plaintiff fuppofes, that as the Ship was carried in by the Enemy to Cape Jd (hate, and detained till ranfomcd, that this will amount to a total Divelliture 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 aiv Enemy's Port. Verdiafor the Plaititif. Burclay v. Tlic Plaintiff having caufed himftlf to be Infurcd 50/. Intere/l or no Interejl, Smin.''f X'r /'■'■'■ 'y^'^''-'''''''i;''« t^'id ^Jitbout lleiicj.t 'f Sdlviigf, o\\ t\\c Projpcroii,- EJlhcr, Capt. '/-M.'jiim, iV///w, from and immediately following her fall Arrival at Mar land or Firginu, '.■^r-',' nnd to continue till her Arrival M London ; ami not caring to appear in it, he dircf^ed his Broker, Mr. Hart, to get the Policy made in his Name, which w,is accordingly done, and as (lie was deemed a millinij Ship, the Premium was after. the Rate of lixty Guineas per Cent. The Ship failed on her Voyage from Virginia, and in forty Days after was taken by a French Privateer, about a Hundred Leagues to the Weftward of tlie Land's End, and was detained by the Enemy fix Days at Sea, and then both Sliip and Cargo ranfomed for 3500/. but Captain Miln, inftead of coming diredly to London, where he was bound, on Pretence of bad Weather, put into Ilfracimb in Devonjhire, from whence he wrote to his Owner, Mr. Dick, of Iiondon; but the faid Gentleman's Affairs being then unhappily fituatcd, sind he having, prior to his Misfortunes, affigncd the Ship and two Policies t'" Jtilurance thereon to Mr. Alexander Black, who apprehending by what Captain Miln wrote, that the Ship and Cargo was much damaged fincc the Capture, and therefore that the Value might fall fliort of a Sulficicncy to pay the Ranfom Bill, and incident Cliarges, he rather chofe to come upon the Infurers for his Money, than to have the trouble of taking the Ship and Cargo under his Care, nnd therefore aba- doned the whole to Captain Miln, to enable him to p.iy tlic Ranfom Bill. And thereupon Meff. Sinnnds of London, Merchants, Agents for the Captors, orderetl Captain Miln to carry the Ship and Cargo to Brijlol, there to be dirpoaJ of, inllead of bringing her to London, which was accordingly done j and after paying the Captain and Sailors their Wages, amountinj to upwards of 300/. the nett Proceeds fell fliort of the Ranfom Bill, owing £0 the Damage (he re- ceived in her Voyage after the Capture. The Defendant fuppofes this was a Gaming Policy, though the PI.iintifF infifts upon its being a Reinfurance; and having applied to the Defendant, after C ndcrwriting, for his Confent to have it declared fo, lie abfolutely refulld to admit it. The Plaintiff fecmed to lay a good deal of Strefs on a fuppoftd Indifcretion in the Captain, by jxiying more torithe Ship ami Cargo than tlicy were worth; hut hid they cfcaped tljc Damages fuhjequait to the Ranfom, they would iimiouhtcdly have Ibid for more than they coll freeing, and never have been aban- doned by the Owners. The Plaintiff likewife infifis, that the Ship failed from Virginia, but never arrived at London, according to the Terms of the Policy, and therefore the \ Infurance was due; but the Defendant, in Reply, pietends, that the Ship's putting into Iljracwnb, was a Deviation, and conlcquently not >vithin the Rilk of the i'olicyj and bdides, he thinks this is not to be coalidcred 4 . 3S OF INSURANCES. 3-^ ;ii, a total Loft, in the Cafe of Intirejl or no IntereJ}, as it is a mere VVagc'r, whetlitr the Ship arrives or not ; tlic Ship did arrive in RngLvii, and is now in being, and tliis was a Ranlom at Sea, only for the Benefit of the Concerned, bnt the Defendant could reap no Advantage by it, whether it was prudently done or not; and it might oceafion.dly have bmi more for his Intcrell, if the Ship had continued at Sea in the Enemy's I'oflellion, as tiierc was a Chance of her being re-taken, before Ihe h id been carried Infra Prirjitlia, and if ihe had, and arrived fafc, there would have been no lofs within the Terms of the Policy ; as he prcfumes there is no Room to claim a Lofs in Cafes of a Recapture : Several IVIerchants, Inlurcrs, and Brokers, being of Opinion that on a Policy, hiterejl or no Intercji, a Capture at Sea it never conlidered 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 alter the Cafe, Hbt Jury found a Ferdiit for the Plaintiff, ' . The Broomfeld was infured, at and from the Leeivard IJlands to Brijhl, ^■'"'"•f y- Intercji or no Inlereji, free of Average Lofs, and without hen fit of Hahage, ai','e'r',w"/'"^' and among other Urderwritcrs, the Defendant fubfcribed ; the Ship in l.cr Term, ly^o, Paflagc Home was taken by a Spaniard, who took out four of her Men and *' ^'"l^'-'""- the Cptain, and put nine of his Men aboard, and ordered tliem to carry her to Bilboa, for which Place her Courfc was dircifted j and on her Voyage there, after having been in PodefTion of the Enemy thirty-nine Hours, fhe was re taken by the TerriNe Privateer belonging to Li-cerpool, and carried into Wiit^rford, f'om whence fome Propofals were made to tlie Owners of the Terrible, in Order to her Releafe and Permiflion to profecuto her intended Voy- age to brijiol i but not being agreed to, llie was brought to Liverpool, and after a Commiilion of Apprailement had ill'ued out of the Admiralty, fhe and her Cargo were fold, to pay the Salvage due to the Re-captors, as by Adt of Parliament. One of her quondam Owners now bought the Whole, and afterwards par- celled her out among feveral Gentlemen at Brijiol, who became Copartners with him, to which Place Ihc was ordered, and where flic arrived ; though, as the Plaintiff fuppofes this could not be an Arrival agreeable to, or within the Intent and Meaning of the Policy in Queftion, under the Circumftances above fluted, %iz. of her Capture, Recapture, Appraifement, and Sale, and with an entire new Set of Owners, he thinks he is entitled to a total Lois. I'hc Defendant, on the contrary, urges tliat this was no more than a bare Capture and Recapture, which he fiiys has never been deemed a total Lois ; in Reply to which the Plaintiff arfirms, that this was flill more, for the Ship after being retaken, was carried into IVaterford by the Privateer, kept 1- Henry Gouldney." When this Note became due, he thought himfelf no Way bound by it, but infifted on ^ullcr Proof; particularly of the Ship's failing under Convoy, as Avarranted, and of her Condemnation at Carolina i but it having been always the Cuftom that after fuch Adjuftments as above, with Promife of Payment at H certain Day, are made between ^he Infured and Infurer, no further Evidence is ever required, but the Lois conftantly paid; it was upon this Account, that The Juty found a Verditlfor the Plaintiff. And my Lord Chief Juftice, confidering it as a Note of Hand, declared that the Plaintift'had no Occalion to enter into the Proof of the Lofs. jrtitUv.Co. The Tiger, Captain Harrifon, being bound from London to Gibraltar, tlie ^'P' ^^""S» Plaintiff got an Infurance made on her, Intercft or no Intereft, free of Average, Term, 174V! and without Bcnctit of Salvage to the Infurers ; and at the Foot of the Policy at Vutldiatl, there was a Warranty, that the Ship Jhould depart -with Convoy, from fome Port in the Channel. 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 llie received a very confiderable Damage, which obliged her to Return to Dover Pier to refit; and after the nccellary repairs were finilhed, Ihe failed again, in Profecution of her Voyage, and for ner Security therein, to join the Convoy at Spitbead; but having got as far as the Ijle of Height, ihe proved fo leaky as obliged her to a fecond Return, and Ihe one. more arrived at Dover, to fearch for her Leaks. Her Owners, on this, thought it advifcable to have her furvcyed by Men of Skill and Judgement, and thereupon two Ship Carpenters, and two Mafters of Ships Iiaving examined her, declared that they had furveyed both Sides from Stem to Stern above the Wales, and the Tranfoin, after the Planks were ripped « off, and found the Timbers to be very rotten, and in fo bad a condition that c.vcept all her upper Works were pulled down and new built, they did not Judge her OF INSURA^^CESi her in a fit Condition to proceed on her intended Voyage ; and that \( fliC wns ib repaired, the Charges would come to more than /./ Utiii, •"♦<• »i .<*•»'■ /■ , • F I N I) R A M C r. S. The Plaintiffs havinj> rixrivcil Onlirrs from Mr. "fnlut Joni-t, oi Pijfcn in Nnu-En^/aiii/, to make Ibtnc Inrnrance lor liim on thf Rrpiijiil, C'aptjjn Qplbfn, ai¥^ alio on her (icxxls atul I'lciglit, at and (loin Cape Fiirr, in iViJriii Cortlina, to Rrijlol x iintlcrnt-ath tlit I'olicv for the Ship only was infcrtcd the Albfcqucnt Words or Declaration, vijt, Tct J'clh'U'inr [nfunincf is on the 5/^ onfy,- tf titled at the Sum injur ed, un which Part the Defendant under- wrote IoqA Thcbhip fiiilcd from Cajie Fare, with a Citrgo of I'itch, Tar, Gff. in Proli;- fiition of her Voyage for Brijlol, and got within one Hundred and Fifty Leagues M the WtfAward t)f Cape C7twr in Ireland, where (he was attacked and taken by three, frciicb Ships, bound for Newfoundland, wlicrc they carried her and her t.MC'o to a French Port, tailed Carpoon, after having; \'u[\ taken oHt all her Men, sind\tifix;ilal than ilbuard tlicir own Ships. ■ On tiTtir ArrivJ ;it the afort fuid I'ort, the Captors took out all her Pitch, being t*o Hututrcd and Three Harrcls, fume Tar, what Rice was alxiard, ^c. and •.•tttr dit.iiiiii)g-!Hr about three or tour Weeks in the faid Port, the Captors oft«red Captain illor.s, and alterwards meeting with other Misfortunes, occalioned her pro- duuiig lels than the Ranfom-lVloncy, and conlequently to prove a total Lois, to be made good by the Infurcr. The preceding is a State of the Cafe, and of the Plaintifl's' Demands, who think thcmfelves entitled to a total Lois, as the Policy was valued ; but ti)c Defendant, on the contrary, pretends that, as Part both of the Ship and Gocd^ were favcd, he ii> entitled to an Average, and not fubjc(^t to an entire Lois ; but • " • ■ The Jury found a Verdiii for tbe Plaintiffs. Jentim V. Atacktuzu ; 1 749', « GmUWl. The Plaintiff made an Infurance in London, on the Tryal Privateer, fitttd shUnMafier °"' "''' Brijlol, for two Calendar Months, where the Ship might then be, on a Mub.\ ttm, Cruizcj or in ahy Port or Place whatfoevcr or whercfoever; the faid Ship to be valued at Inter ejl or no Inter eji, free of jiveni^e, and %itbout Be/tfjit ej Salvage. The faid Privateef being fitted for a Cruize, failed from Brijlol on the 29th of May, 1 746 ; and fome Days after Ihe was met by a French Privateer of a lupcrior Fofce, who attacked, and, after a brave Dclcnce, took her. She had been in the Dncmy's HaiKis aboOt eight Hours, without their removing" any of her Men or Stores, when Admiril Martin, with his whole Fket, appearing, retook the T;jrt/; and, hearing of the gallant Behaviour both of the Captain and Crew, they unanimouUy agreed to give up their Salvage ■» . O F I N S U R A N C E S. 337 to them, nnd accordingly drew up and limned an Inilrumcnt for that Purpofc i , and the Admiral ordered her to be furiiillicd with all Neccdarios, and Cent «f* , ' • • Man of War Sloop to fee her fife into lirljhlr where fhe arrived the hitter End of Junt, being between three or four Weeks before the infuraac*. • • , • Thcfc Circumftances, the Plaintiff thinki, entitled him to a totaKI-ofc, su / ** . the Voyage was overfct, ajid the Policy being g\\ Intenji or not, wilf admit t)f r " •« noAvera;/e. ■.' 't ., The ridcndant agrees to the laft AlTertion j but, for that very R,eaC'n infift«, »\V • he has no Lofs to pay, as he is free from a partial one, and there can be no total • > one where tlie Shjp is arrived, and, as he infifts, might have been fitted out again before the limited Term of the two Months expired, had the Owners not determined the contrary j and bcfidcs, though the Ship was taken, yet as • • Ihc w.'.s never carried if{jru PfffjUia of the Enemy, or was fo taken aS to bo beyond u I'ullihility of \\ Re-capture , and Iwving returned to Urijt«l fo long Time btfdrc tiie two Montlis expired as was fullicicnt to refit her in, the Defcn- «iiiit fm>tiol'es that the Ncgledt of the Owners ought not to be imputed to the Underwriters, moic efpccially as fcver.il Ship-Builders attended to prove there was Time enough, as Icveral Merchants did to give their Opinion with regard to the Lois. ,.*,,,. Ferdia ftr tbc PLmtiff', The Plaintiff was Owner of the Sliip Love and Unity, which he let out to BifM"'"' Freight to one Hatcman HumpLrys, for a Voyage to Lijbon and back again ; and i5it''hi« afier the Freighter was by Charter-party obliged to vidtual and man her, which hc did 11,1. ferm. acconliiikily, putting in the M.tfter and Crew, and, embarking hiinfelf, proceeded '?♦■';;,''!', on his Voyage, and arrived f.ifc at Lljhm : Hc delivered the outward-hound Cargo, and put the Ship up for London, in Hopes of getting a Freigiit homcj on Advice of which, the Owner and Plaintiff got her infured, 'wage from thence to Nt"Kjhur:dlmitl ; tluit fhe carried with her a Letter of M.uiiuc, and in her VojSge met and took a Frenih Ship, which f.he brought back to Uri/iol ; that Hie foon fct out again upon the fame Voyage, and took another Prize, which (he alfo returned with. I'pon the Ship's coining back, the Plaintiffs applied to the infurers for « Return of Part of tiie Premium, which was ten Cuincas per Cent, in Regard tliey liad r.ot run lb much Rifk as if the Ship had proceeded the whole \'oyage, and the Inluieis returned Awnc per Cent, A new Policy was made for the ^'oyagc now under Confidcration, in the fame Manner and on tlic fame Terms as the lall, and the Ship let out on her Voyage, and took another Prize. The Captain, who was tlie PlaintilF's only Witncl"«, faid, their Diredions to him for the preceding \'oyagcs were, that in Cafe he tool; any Thing to return with it to lir/j/o/, or not, as he (hould think proper ; but in this lall Voyage their Directions were, if he took any Thing, to fend it home by Part of tlie Crew, and with the oilier Part to proceed on the Voyage j and diat he would iiave done lb, but tiie Sailors, after tiie Capture, would not proceed 011 the \'o)age, but would return to take Care of her to lirijiol ; and that all the I row, ( V ept tlic \tatc, Surgeon, and one other, were of this Mind, and fwore il the Captain would not go back, they woidd not touch a Rope, nor do the It.iil Thing towards navigating the Ship ; on which the Captain was forced to comply, rnd let his ^iiip homeward, asCJuardor Convoy to the I'rizc; that in going back to iuijI'J, the Mtdi/trriiiuwi was e.iken, though the Prize got in lafe, and for this Lou the Plaintirts b,-;jught their Aetion. On tlie Part of the Defendant it was inliilcd, that tliis was a Deviation for the Benefit of the Allured, and that the Infurers were therefore difchargcd. It appeared on the Captain's Evidence, that the PlaintitTs had given a Part ot' all Prizes to the Captain and Shij.'s Crew ; and tiiat it was for the Care and I'ro- tc^tioa of tliib Prize, which made the Sailors infill to ^o back with her, wliiui was the firlt Caufe and Ground for the Deviation, and tliereforc, and for that tiie Plaintiff's were likewife themli;lvcs to be greatly benefited by tb^; Prize, the Defendant infifted he fliould not pay. But it apjiearing alfo from the Evidence of the Captain, that his Orders (or this Voyage were politively to proceed, notsvithllanding any Capture he Ihould make, and that he would have done lb, if heeould have prevailed on the Sailors, a"-! that his returning was wholly owing to their Refulal to proceed, and his hica- pacity to go on without them, the Lord Chief JulHce and the Jury were ol Opinion with the Plaintiffs, and the Jury brought in their Verdi t accordingly. Ihc Plaintiff being part Owju-r of the Ship OnJk• '757. upon the faid Ship, from and iirnncdi.'.tely following the Dale of the Policy; and lb to continue and endure until tlje faid Ship, with all her Ordnance, Tackle, and Appafel, (hall arrive as above, and bath there moored at Anchor twenty- four Hours in good Suftjty. And it fli.ill be lawful tor the faid Siiip. "f this Voyage, to proceed, and fail to, and touch, and ftay at any Ports or Phi'-es 4 v'.hatibever, Piny V. <; vrn. an J Co'ifi nl the 1 Jittirnv, 34t. al ■A Of insurances. \vhatfocver, without Prejudice to this Ailurance. The Perils mentioned in the Policy arc the common Perils, viz. of the Seas, Men of War, Fire, Enemies, Pirates, (3c. and all other Perils, LoHes, and Misfortunes. The Ship failed, and arrived in the River Canton in China, where fhe was to rtay, to clt-an and refit, and for other Purpofes. Upon her Arrival there, the Sails, Yards, Tackle, Cables, Rigging, Apparel, and other Furniture, were by the Captain's Order taken out of her, and put into a Ware-houfe or Storc- huulc, called a Bank-Saul, built for that Purpofe on a Sand-Bank, or fmall IjldiiJ, lying in the faid River, near one of the Banks called Bank-Saul IJland, about 200 or 220 Yards in Length, and forty or fifty Yards in Breadth, in order t'> be there repaired, kept dry, and preferved till the Ship (hould be keeled, cleaned, and refitted. Some Time after this, a Fire accidentally broke out in the Bank-Saul belonging to a Swedijh Ship, and communicated itfelf to another Bank-Saul, and from thence to the Bank-Saul belonging to the Onjiow, and confianed the fume, with all the Sails, Yards, Tackle, Cables, Rig;^ing, Apparel, and other Furniture belonging to the Onjlow, which were tlierein. The Queftion iii this Cafe was. Whether the Infurers were liable to anfwer for tliis Lofs. fu happening upon this Bank-Saul, within the Intent and Me;'.ning of t'lis I'oliey ? It was ftated, that it was the univerfal and well- known Ufige, ,u)'i iiad been fo for a great Number of Years, for all European Ships which go a Cliina Voyat'j, when they arrive near this Bank-Saul IJland in the River, to unrig the Slip, ©f. and to adl in every Refpedt as Captain Pilly had done ; and that the fo doing was prudent, and for the common Benefit of the Owners of the Ship, the Infurers and Inli'.ed, and all Perfons concerned in the Safety of the Ship. It was objected, that this was not a Lofs by Sea, but at Land. But it was amwered, that the Lofs being upon a Sand-Bank in the River, and in the only Port where the Englijh can clean and refit their Ships, it was a Lofs at Sea, and the Policy exprelfing an Infurance from Fire, it was to all Intents within the Meaning thereof; and a Vcrdidt was given for the Plaintitf, fubjeiit to the Opinion of the Court of Kings-Bench ; and Lord Mansjicld aiterward* delivered the Opinion of the Court, confirming the faid Verdict. 34» Of Re-AJfarance und Double Infurance. RE-AssuRANCF., as underftood by the Law of England, maybe fiid to be a Contrad:, which the firft Infurer enters into, in order to relieve himfelf from thofe R ilk s which he has incautioully undertaken; by throwing them upon other Underwriters, who arc called Rc-AlTurers. This Species of Contraft has obtained a Place in moll of tnc commercial Syftems of tlie trading Countries of Europe; and it is allowed by them, at this Day, to be politick and legal : And the Law of England adojited this Regulation, and permitted the Underwriters upon Policies to infure themfelves againll thofc Riiks for which they had inad- vertently engaged to indemnify the Infurcd j or where, perhaps, they had involved tiiLinlevcs to a greater Amount than their Ability would en.-iblc them to difcharge. But thougli fucli a Contract feems pcrfedtly tair and reafonable in itfelf, and might be productive of very beneficial Confequences to thofe concerned in this important IJranch of Irade, yet, like many other ufeful Inftitutions, it was fo much abuled, and turned to Purpofes fo pernicious to a commercial Nation, and fo deftrudivc of thofe very Benefits it was oiiginally intended to promote and encourage, that the Lcgilluture was at laft obliged to interpofe, and by a pofitive Law to cut off all Opportunity of pradtifing thofe Fmuds in future, which were become glaring and enormous. Accordingly it was cnaded. That it /liould not be lawful to make Re- ig C« ir afliirance, uniefs the Aflurcr (JKmld be infolvent, become a Bankrupt, or die •<-"• 37- s. v m either o| which Cafes, fuch Alfurer, his I- xecutors, Adminiftrators, or Alfigns', might make Rc-aliurancc, to the Amount before by him afliircd, provided it Ihould be cxprcllcd in the Policy to be a Re-allurancc. , 4 ^ From «4« OF INSURANCES. AnJrtI V. flflcher; J Term Rep, l6i. From this Aft, fays Park, it is apparent that all Kinds of Re-afTurance ari hot prohibited j but wherever fuch u Contradl tends to the Advancement of Com- merce, or to the real Benefit of an Individual, in fuch Cafes it (hall be permitt-.d. Thus, in Cafe of Infolvency or Bankruptcy, it is advantageous to the Creditors in general, as well as to the Individual, that a Re-aflurancc .liould be made : For by thcfe Means, the Fund of the Bankrupt's Eftate is not diniiniflied in Cafe of Lofs, and the Infured has a better Security for the Payment of the Amount of his Damages, or at lead a Proportion of it. If the Infurcr die, it is no Icfs ncceflary and beneficial to his SuccefTors than it was in the former Cafe of a Bankruptcy ; becaufe it will provide Aflcts to fatisfy the Infured, i' Cafe a LoA fhould happen, and thus fecure the Eftatc of the Deceafcd for ti.e Benefit of his Heirs. The Statute is worded in fiich exprcls Terms, excluding every Species of Re-aflurance, except in the three Inftanccs of Death, Bankruptcy, or Infolvency, that a Doubt, as it ihould (ecm, could hirdly be founded upon it. But as it wis held, that the firft Claufe prohibiting; liifuiMncc, Ir.ta-cji or no Intcrcjl, diil not extend to foreign Ships, fo it was urgucd, tliat Re-.dTurancc madj lierc on ihi Ships of Foreigners Aid not fall within the Adt. This Point, therefore, came on to be confidered by the Court of kind's- liem/j in tlie Yexr 17S7, in the Form of a Special Cafe } ftating, that a Re-afTurance was mule by tlic lA'tl'mlant on a French Vejj'el, firft infured by a Freiu/j U/ii/trariier at Miir/h7/,s, and wlio, at the Time of fubftribing the fecond Policy, was folvcnt. The Court were unani- moufly of Opinion, tbit this Policy of Rc-a(i'urancc was void ; and that cv.ry Re-affurance in this Country, either by /?;•.•///!• Subicds or Foreigners, on /?r/,',/7j or Foreign Ships, is void by the Statute, unlcfs tiie firll AJj'urer be infjh\rit, become a Bankrupt, or die. But there is another Kind of Alliir.;ncc, which is called D:!ih!c Infnrance, and which has been not unfrequently confounded with Fic-airurancc, by Merchants and commercial Writers } it is for this Reafon, thai we (lull llate tlie Ditfi;rcnce accurately in this Place. A Double Infurance is, where the fame Man is to receive two Sums inllcad of one, or the fame Sum twice over, for the lame Lofs, by reafon of b.is having made tiuo Infurances upon the lame CJoods, or tiie lame Ship. The firft Diftint- tion between thcfe two Contrads u, that a Rc-aflurance is a Contract made hy thejirjl Underwriter , his Executors or All'gns, to fccurc himfelf, or hisl^ftate; whereas a Double Infurance is entered into by the hifurcd. A Re-airurancc, except in the Cafes provided for by tlie Statute, is ablbhitcly voivi : A Double Infurance is not void ; but ftill the infured (liall recover only one Satisfadioii fur his Lofs. This requires Explanation. Where a Man has made a Double Iiifi'rancc, he may recover his Lof;;, againflr which of the Underwriters he pleafts j but he can recover no more than the Amount of his Lofs. This depends upon the Nature of Infurance, and the ■ix-.-xr. Principles of Juftice and good Faith. An Infurance being merely a Contract of Indemnity, in Cafe of Lofs, it follows as a necel.'ary Corifcquence, tliat a Man fli.ill not recover more than he has loft, or receive b tisflnition greater than the Injur/ he has fuftained. It being thus fettled, that the Infured ihall recover but mie Satisfadion, and that in Cafe of a Double Infurance he may fix upon which uf the Underwriters he will for the Payment of his Lofs it is a Principle of n.it.i,.il Juftice, that the feveral Infurers fliould all of them contribute, in their fe\.-al Proportions, to fatisfy. tliat Lofs againft which tiiey have all infured. liiell' Principles have been fully declared to \vi Law in le\eral Cafe^. Firft, in the Year 1765, it was ruled by Lord Mansjield, Chief Juftice, and agreed to be the Courfc of Pradtice, that upon a Double Infiirance, though ili? Infured is not intitled to two Satisfactions, yet upon the firft Ae'tion lie may re^ 1- ver the whole Sum infured, and may leave the Defendant therein, to recover a rateable Satisfaction from the other Infurers. See i lilackjlone's Reports, p. 416. ^D^ii^M b '^'^"^ ^''° '^ ^''^ determined in another Caufe at Guildhall, many Years after. SiTHng'j. ' ' It was an Adion to recover on a Policy of Infurance on a Ship from I^euJbuiJ- 17 Un III. /and to Dominica, uiid from t.ience to the Port of Dilcharge in the IVeJi-IuJia. ImwIa'W."' Jt was a valued Policy on the Ship and Freight, and on the Goods as Intercil llioulJ iirarice ar< t of Ccm- pcrmitt'.tl. : Creditors iiadc : For ill Cafe of Amount of is no Icfs : Cafe of a rafc a Lofj Benefit of Species of Infolvency, ;ut as it w.is ijl, did not iiere on t'.•• "l" " London," which Policy was underwritten by the Defendant for 200/. for a Premium of 10/. per Cent. The Plaintiff declared for a total Lofs. The Defendant pleaded the general Iffuc, 5 - rb$ Pr OF INSURANCES. The Caufe came on to be tried at Gtii/Ma//, London, on the ift of December 1762, before Lord Mans/ie/d -, It appeared jn evidence, that the Defendant un- derwrote the Pohcy and received the Premium as ilated in the Declaration j that before the underwriting of the Policy, the Plaintiff had lent to JyillLw: Tryon, the Mailer of the Ship, upon the Goods then laden and to be laden on board the faid Ship, on Account of the faid IVilliam Tryon, the Sum of 764/. on Rijpmdeutia, for which a Refpondentia Bond Wis executed by Captain Tryon mi one Jo/epb Bujlol, to the Plaintiff. The Bo:.d was in the common Form ; and recited, " That the above named •' AlpbonJ'us Glover, had, on the Day of the Date, lent and advanced to the above •• bounden H'illuim Tryon, the Simi of 764/. upon the Merchandizes and Effeds •' laden and to be laden upn the Account of the fiiid IVilliam Tryon, on board the '* good Ship or Vcifcl called the Denhani, <»f the Burthen of 499 Tons or there- *' abouts, now in the River T/.uimes, whereof he the faid William Tryon is the •• Commander." And the Condition was, " That if the fiid SI p (houlj, ♦' with all convenieiit Sjieed, proceed and tail from and out of tlie laid River *• Thames on a Voyage to any Parts or Places in the Eajl Indies, Cbiiur, I'er/ia, " or elfewhere beyond the Cape of Good Hope, and from tiience fhould fail ami rc- " turn into the faid River Thames at or before the Knd or Expiration of thirty-iix '♦ Calendar Months to be accounted from the Day of the Date of thefe Prtlcntj, " and that, without Deviation, the Dangers and Cafualties of the Seas cx- " ceptcd ; and if the above bound //'/7//.w; Tryon, and Jofeph BnJlol, or citlv.r cl " them, their or either of their Heirs, Executors, or Adminirtrators (liouki, \Miliin " thirty Days :t after the laid Ship or Velfel lliould be arrived in tlicnid " River TitrtWi"/ from the laid Voyage, oral the End and Expir.uion of the I .i! " thirty-fix Calendar Months, to be accounted as aforel'aid, which of tlie l.iil " Times (liould firft or next happen, well and truly pay, or caufe to be paiJ, u;it;; " the faid yllpbonfus Glover, his E.xccutcrs, Admmillrators, or Alliens, the " Sum of 1008/. and 9/. of lawful Money of Great-Britain, together with i:,'. *' and 4J. of like lawful Money by rhe Month, and fo in Proportion lur ,1 *' greater or leffer Time than a Month, for all fuch Time and fo many Months •* as ecijically and Nominatim. And the Cuftom of all Ini.i.ances is to mention the Thing in- fured precifely. The Queftion therefore ultimately turned upon this Point - - Whether the Words Rf/pondentia and Bottomry muft be mentioned and fpecified in the Policy of Infurance ? And the Court declared that the Words ought to be infcrted, it being the eftabliftied Law and Cuftom of Merchants — and Lord Mansfield owned that at the Trial, and alfo fince, upon the Arguments before the Court, he did lean to fupport this Infurance. And his Rcafon for fo doing, was, that he was fatisfied of its being a fair Infurance, and that the Doubt which liad arifen upon it was only occafioned by a Slip in omitting to fpccify, as it was intended to have been done, " That this was a Rejpondentia in- tcreft." This Slij) however could not be rcdified, for the Court after taking fome Time to coniidcr the Cafe, nonfuitcd the Plaintiff folely for the Omiirioti. This Cafe being thereby rendered highly interefting to caution Merchants in Rcfpedl to the careful wording of Policies, wc having given the fubftance, and for the entire Arguments of the eminent Counfel concerned on both Sides, we refer the Gentlemen of the Law, or Merchants having fimilar Cafes at Illue, to Parker's Laws of Shipping and Infurance, with a Digeji of adjudged Cafes, 4.'.-. Land. 1775. There were nine Caufes in all, upon the feveral Infurances of the Eajl-Iu'ia Ship the JVinchelfea, Captain Howe Conmiander; they had been tried by fpetial Juries at different Times; the Charter- Party, bearing Date the 20th of Augujt 1761, was according to a printed Form which had been long in Ufe, in which, among many other Provilions, a Stipulation was made for 20/. 3/. \d. a Day, Demurrage, for fo long a Time as fhe fliall be detained in India, China, or clfewhere within the faid Limits, in the Service and Employment of the faid Company; March the 25th 1762, the Ship failed; September 19th, flic arrived at Bombay -, November the 4th, llic left Bombay the Jirji Time; March 5th, 1763, flic arrived at Calcutta. On the 28th the Prefidency and Council of BcKga. , entered into a new Agreement with the Captain, reciting, " tiut the Charter. i\rty, would expire on the nth of February, 1764, but that the Prefident and Council, finding it expedient to detain the Siiip in India, and dciirous of having the Time limited in the Charter-Party pro- longed, 6?f. the Indenture therefore witneffeth, that the Captain lets tlie Ship to Freight for one whole Year from the faid nth of Fcbruaty 1764," In July \-jbT^, the Ship arrived at Bombay, the fecond Time. The Beginning of 1764, (he arrived ^X Bengal ; March 19th, ftie \ti\ Bengal to y3 to Bombay, 4T and 245 I'ret'n v, !\fi.Jtf, ? I'urr nv.i ■c7» "1 j!"ie, 176$. ^\ ■^i 4 I's ^ . -ulii I si: H 346 l< 1 N S 1/ K A N C E S. antl on the 21ft, flie \v;is loft. A Copy of the new Agreement Ind been feiit (0 London by the Captain, whofe Letter was received and publickly read in .» CofFec-Houfe, in the Month of Aptil, 1763 ; anit other infuranccs were mxi>- upon the Ship after this new Agreement was thus pubhckly Icnown. Tlk- Underwriters infnkd, that the Policies were void, becaufc at the Time of under- writing, they wcie not exprefsly told of the new A[;reetnent " to dctiun tlie Ship in IiuUa for a Year lonf^cr than the enlarged Time provided for by the Chartcr- Piirty, whicii expired on the 1 ithof Ftwriitiry 1764." The Caufci were tried at firft with different Succcfs : But all the nine \'it- dids were at l.Ul uniform for the I'laintirt's, the infureJ, againft the Underwriti^rs, The Reafons that governed tlie Court were, tliat the Underwriters are bound ..nj prclumcd to know the Courle of the EaJi-IiiJia Trade, the Times of the Charur. i\!it\, and tlic Deftination of the IvJia Ship-, which arc under the Dircdion uf" the Company, and not of the Owners. I'hat the Charter- Purty is a printed Form ot a very long ftanding — That, befides the Liberty thereby given, tu prolong the Ship's Stay for one Year, it is very common, by a new Agreement, to detain her a Year longer, for no Ship comes Home in Hallaft, and tlie ioni-er a Ship is kept, the more beneficial it is to the Owner"*. That the Words of th; I'olicy are adapted to this Ufage, being without i^imitation of Time or PI .c, and without any Reference to the full \'oyage particularly mentioned in the CLir. tcr-Piirty. The Terms of the I'olicy prctilcly delcribe the Rilk, in its utnioil Latitude ; and necelfarily extend to every I'rolongation of Stay, anil every Country Voyage — That any of the DetLiid.uits might have learned at the India- Hon fc iW that was to be known. That tlie Chance of her Stay is one of the Rilks lii- fuied — Finally, that this Ship was Infured at the fame Premium, after the I'ru- longation of her Stay in India was known. Upon the whole, the ultimate Decilion of the Court upon thcfe Cauf,; cft.ibliihes the following Rule for the Information of Underwriters and all Perloiu making Infurancc upon Eajl- India Ship;, '' That Policies of Infurance iipn " i'.iili-India Ships, include the Chance of iheir being detained in I.ndi a, ^:\1 " the Rilk of tlieir Country fuydga there," Pari, p. JJl X EJii, Mifcellaneous ObfervatioHS and fnigular Circumflarxa rcfpcS7i/ig I/iJura fives, ACircimiftancc which rarely happens muft be noticed in this Place ; bv\.uili it vacates and annuUs, nh initii, theContr.'.ct of Inlinance. It is this ; whenever an Infurance is made on a \'oyage, exprefsly prohibited by the common, ftatutt-, or maritime Law of the Country, the Policy is of no LtFccfl. The princiiik', upon which fuch a Regulation is founded, is not jicculiar to this Kind of (on- tradt i for it is nothing more than that whicl; dellruys all Contrails whatlavcr; that It can never be prefumed that Men will make an Agreement forbiitdcn by the Laws } but if they ihould attempt fuch a Thing, it is invaliii, and will not receive the AlVillance of a Court of Juftice to carry it into Execution. The moft material Cafe upon this Point is, that of "fohnfm and Sutton, wiiicli came on to be argued in the Year 1 779, and received tlic iblenm Opinion of the Court of King's bench. It was an Adion on a Policy of Infurancc on Goods on board the Ship /V/h/j. " loft or not loft, at and from L'^ndon to Nc\ii-Tork, wanantctl to depart with Convoy from thcChanncl for tlie\'oyage." The Caufewas tried before Lord .U OF INSURANCES. 347 the ffall'ifiix Market, but for New-Tork. There had been a Proclamation by Sir William Ho'iiw, to allow the Entry of unlicenced Goods at Nnv-Tork -, and though there were Bends ufually given at the Cuftom-houfe here, by which the Captain cngaj,'ed to carry the Goods to Hallifttx, thofe Bonds were afterwards cancelled, on jiroduting a Certificate from an Officer appointed for that Purpofc at Nciv- Vork, declaring that they were landed there. The Commander in Chief had no Authority under tlie \t\ of Parliament to iflue fuch Proclamation, or to permit the Exportation of unlicenced Goods. The yenus was taken in her Paflace to Nrc-Tork by an /tmericnn Privateer. The firft Seftion of the Statute prohibits all Commcrte with the Province of New-Tork, amongft others, and confifcates all Ships and their Cargoes which (hall be found trading, or going to, or coming from trading with them. In Sedion the fecond, there is a Provifo excepting t«hips laden with Provifions for the Ufe of his Majefty's Garrifons or Fleets, or for the Inhabitants of any Town poflcded by his Majefty's Troops, provided the Mafter Hiall produce a Licence fpecifying the Voyage, &c. and the Quantity and Species of Provifions ; but by the fame Provijb it is declared, that Goods not licenced, found on board fuch Ships, ftiall be forfeited. After Argument upon the Motion for a new Trial, Lord Mansfield faid — " TIic Whole of the Plaintiff's Cafe goes on an eftabliftied Pradlice, diredtly againlt an Adt of Parliament. If the Defendant did not know that the Goods nere unlicenced, the Objection is fair as between the Parties. If he did, he w(juld not dcfervt to be favoured. But, however that may be, it was illegal to fend the Goods to Nein'-Tork, and, in pari deli£to, potior ejl conditio defendentis. It is impollible to bring this within the Cafes cited, (Cafes of Infurancc on Ships trading contrary to the Re^jenue Laws of foreign Countries) becaufe here there was adircdt L"ontr.ivention of the Law of the Land." The Rule for a new Trial was made abfolutc. If a Ship, though neutral, be infured on a Voyage prohibited by an Embargo, Pari, p. 231. laid on in Time of War by the Prince of the Country, in whofe Ports the Ship happens to be, fuch an Infurancc is alfo void. This depends upon the Power of an Embargo, the Right of Laying on which by the Sovereign 01 Great-Britain, in ■ Time of War, is undoubted j although, in a Time of Peace, it may be a different Qi^ieftion. The Right being admitted, it follows of Courfc, that any Adt done in Contravention of a Proclamation of this Nature is illegal and criminal, becaufe it is equally binding as an Ad of Parliament, and a Contract founded on fuch illicit Proceedings is confequently void. By the Laws of almoft all Countries, the Exportation znA Importation of certain Commodities are declared to be illegal : To adt contrary to that Prohibition is clearly a Contempt of legal Authority, and confequently a moral Wrong. If tl A*?, itfelf be illegal, the Infurancc to protedt fuch an Adl muft alfo be contrary to Law, and therefore void. Agreeably to this Principle, it feems to have been laid down by the Writers upon the SubjedV, as a general and univerfal Propofi- tion — that an Inlurance being made, although in general Terms, does not com- prehend prohibited Goods ; and therefore, when the Infured fhall procure fuch Commodiiies to be fhi|>ped, by means of which the Ship and Cargo are confifcated, tlie Infurancc is difcharged -, but they made the following Exception, the Under- ivriter being ignorant of it ; a Diftindlion which our Courts of Law will not admit ; and accordingly all the modern Cafes have been decided againft the InUircii, even though the Underwriter knew the Goods were prohibited, becaufe tiie Adt itklf being unlawful, and the Lader knowing it at the Time of the Lading, fuch Alfurance cannot oblige the Infurer to anfwer the Lofs ; for the fiune is not fuch an AfTurance as the Law fupports. AiiANDoNMEN r, as it regards Contradb of Infurancc, is underftood to be a Celiion and Abandonment, on the Part of the Infured to the Infurer, of his Riglit to all the Property that may happen to be recovered froin Shipwreck, Capture, or any other Peril ftated in the Policy, before he can demand a Rccom- pencc from the latter for a total Lofs : I'or, by a total Lofs, we do not always mean, that the thing infured is abfolutely loll and dcllroyed ; but that, by fome of tlie ufual Perils, it is become of lb Utile Value as to intitlc the Infured to call upon % ff-M; 'm 348 Syflem or Marine Law, p. I4J. OF INSURANCES. upon the Underwriter to accept of what is favcd, and to pay the full Amount of his Infurance, as if a total Lofs had adually happened. Indeed, the Word Abandonment conveys tlie Idea, that the whole ProjKrty \% not loft; for it is impolTible to cede or abandon that which does not exiil. When the Underwriter has difcharged his Infurance, the Abandonintnt being made, he Aands in the Place of the Infured, and is intitlcd to all the Adv-antjges refulting from that Situation. The Dortrinc of Abandonment has obtained a Place in the Laws of all the Maritime .Vations in the World, where Infurance has been known. Tlierc h no Difference in the Definition of the Word ; and they all agrerf, that when an Abandonment is made, it mull be a total, not a partial one; that is, one Pait of the Propel ty infured fliall not be retained, and tlie other abandoned % a RcgulaUun certainly founded in Juftice. But, with refpedl to the Cafes and Circumflances in which the Infured is intitlcd to exercii'c this Power, the Regulations of fomc foreign Countries vary from the Decifions of our Courts of Law : However, as the Principles of Aban- do' 'lent in " Coi ntry have been more accurately defined than in EngknJ, and th; .i;»t '• •'; fpciulative Opinions of private Writers, but by the folenin anJ del, / :i' ) •>; ''ement of that great modern Luminary of the Britijb Law, Hail MtiH.^t.'U, a) ' . »her grave and learned Judges of the Land, we may venture to affirm, t.jc Jcifions of our Courts, founded upon thofe Principles, arc cfta- blifhed uuon the ■ ' and permanent Bafis of Reafon and Equity, coni'cqucntl/ arc to be mnfidered as jf the firfl Authority. From thd> Dccilions we may colledl, that the Right to abandon mufl arill- upon the Objctll of the Infured being fo far defeated, that it is not worth his while to purfue it. For Inflance, if the Voyage be lofl, or not worth piirfuingj if the Salvage be very high, fuppofe a Half; if further Fxpcnce be ncccffary j if , the Infurer will not engage at all Events to bear that Expence, thougli it Ihould exceed the Value, or fail of Succefs : Under thefe and many other liniilar Cir- cumftances, the Infured may difentanglc himfclf, and abandon, notwithllanding there has been a Re-capture. It is material to obfcrve, that the Right to abandon mufl depend upon the Nature of the C-v'e at the Time of the Adlion brouijlit, or at the Time of the Offer to aband' n : A Determination founded on the Equity of the Contrad between the Parties ; becaufe an Infurer ought never to p.iy lefs, upon a Contra>.t of Indemnity, than the Value of the Lofs, and the Infured ought never to gain more. But it is evident, that there may be Circumflances in which it would be co)i- trary to every Principle of Juftice to fuffer the Infured to abandon : Supjx>i'c a Ship to be taken, and efcapc immediately, which would be no Hindrance to the Voyage, or another to be captured and inftantly ranibmed, which would amount only to a partial Lofs ; in thefe Cafes, the Infured could not be allowed to demand a Rcrompence for a total Lofs. In many of the Maritime Countries on the Continent of Europe, the Time, within which the Abandonment muft be made, is fixed by pofitivc Regulation.^ Ord. of Lmi, Thus, in France, it is ordained, that all Ccllions or Abandonments, as well as ranee' Art" 8 ^^^'"2"'^^ ''* Virtue of the Policy, (hall be made as follows : In fix Weeks, for ' Lofl'cs happening on the Coafts of the Country where the Infurance was made: In three Months, in other Provinc-es of the Kingdom : In four Months, on the Coafl jf Holh'ul, Flanders, and England: In a Year, in Spain, Italy, Portu^jl, Barbary, Mufcavy, Norway ; and in two Years, for the Coafts of America, tlie Brajils, Guinea, and other diftant Countries. When thefe Terms arc clapfcd, the Demands of the Allured fhall not afterwards be admitted. Pari, p. 171. In the Law of England, till lately, wc had no Limitation of Time, with rcfpeft to Abandonment. But in a very modern Deciiinn it has been held, by the Court of King's-Bench, that as foon as the Infured receive Accounts of fuch a Lois as intitlcs them to abandon, they mufl, in the firll Inflance, make their Ele(flioii whether they will abandon or not ; and, if they abandon, they mufl give the Underwriters Notice in a reafonable Time, otherwife they forego their Right to abandon, and can never afterwards recover .or a total Lofs. 3 5"' O F I N S U R A N C E S. * 34^ But if the Infured, hearing th.it his Ship is much difatjlcd, and has put into Pert to repair, cxprcfs his Dcfire to the Underwriters to ahandon, and be difTuadcd from it by them, and they order the Repairs to be made, they are liable to the Infured for all the fubfeqnent Damage occafioncd by that Rcfufil, though it fliould amount to the whole Sum infured : Bccaufe the Rcafon why Notice of Abandonment is deemed necclfary is, to prevent Surprize, or Fraud, upon the Underwriter ; but, in the Cafe put, they have, by their own Adt, fupcrfedcd the Neceflity of Notice. It is of the utmoft Confequcnce to all Pcrfons concerned in Infuranccs in En^hrttt to know, u. t where the Sentences of foreign Courts, in Caufes of Infurancc, have not differed materially from our Laws, or from the Law and Cuftom of Merchants, the Decifion of the foreign Judicatures has been held con- cUifive in our own, in numerous Cafes tried before Lord Mansfield; and others which, upon Motions for new Trials, received the folemn Decilion of all the Judges of the Court of Kings-Bench, Nor is this all j for, even where the Laws of other Countries differ from thofe of England, if the Contradt of Infurance regards a Ship belonging to fuch Coun- tries, though the Underwriter be a Britijh Subjed, the Decifion in our Courts will follow that of the foreign Tribunal, if any has been had, or will proceed upon the Ground of eftabliihcd Ufage amongft Merchants in thofe Countries. Tiiis very lately appeared in a Caufe tried in the King's-Bcncb at Guildhall, before Lord Kenyan, the prefent Chief Juftice. It was an Adtion on a Policy of Infunince upon a ^ejpondtntia Bo ' on Ship »'«.'/<»// t. and Goods, at and from B. to C The Ship was Danijk, and an ;.-a^ '..ols ^."T'^ ; . was fulViined upon the Goods to the Amount of 6/. 1 5/. per C:ri. i the jnl^^itm. Plaintiff, as Holder >-.' ■^ Rejpcndemia Bond, had been called upon ' con: te; i7»9' and now brought his Adtion againll the Englijh Underwriters for .'n. >H:ount of that Contribution. Lord Chief Juftice Kenyan fuid — " By the Laws of England, \ i ,dc! upon Rijpandetitia is not liable to Average Lollcs ; but is intitlcd to receive tlie whole Sum advanced, provided the Ship and Cargo arrive at the I'c f Peftination. The Plaintiff contends, that as, by the Laws of Denmark, fu i tndcrs upon Refpondentia arc liable to Average, and bound to contribute according to the Amount of their Intcreft, the Infurer muft anfwcr to them. The Dauilb Conful lias proved that he received a Judgement of the Court of Copenhagen, the decretal I'jrt of which proves the Law of iJt7;W(;//i to be as the Plaintiff" has ft.itcd it. The Opinions of feveral Men of Eminence in that Country have been offered on each Side ; but I rejedl them, becaufe the folemn Decifion of a Court of com- petent Jurifdidtion is of much greater Weight than the Opinions of Advocates, liowever eminent, or even than the extra-judicial Opinions of the moll able Judges. It feems as if, in this Cafe, the Underwriters were bound by the Law of tiie Country, to which the Contradl relates." Verdict for the Plaintiff. The .above is not the only Cafe in which the Infurers have been held liable to indemnify ; the Infured having been obliged, by the Law of a foreign Country, to p.ay a larger Sum than by the Laws of England could have been demanded ; and, in the following Cafe, the learned Judge feems to have relied chiefly on the Uliige of Merchants which had been proved. It was an Adtion on a Policy, upon a Cargo of Fifli from Kcwfoundtand toA>Ti*» and the Underwriters, thoiigl) with RehiCtancc, had alwayj [laid them. Mr. Jiidicc Bulhr — " On the general Law, the I'laintitV would fail j but in all Matters of Trade, Ufai^e is nfacreii Tiiinn;. I tlo not like thelc foreign Sittlc- mcnts of Average, which make Underwriters liable for more than the Standard ol F.nglilh Law. But if you are fatisficd it has In-en the Ujlij(i, upon ti>e L\i- dence given, it ouglit not to be Ihakcn." I'hc IMaintitl' lud a \'erdicl accordingly. Ok a Return of Premu'm it is nccdlefs to cite any Cafes, as the Prineip,:, upon which the Whole of this Doctrine dejK'nds, is limple and phin, adiniiiiti7 of no Doubt or Ambiguity. The Riik or I'eril is the Confidcration for whkli the Premium is paid : If the Rilk be not run, the Confideration lor the I'reniiuii! fails ; and Lquity implies a Condition, thut the Infurer /hall not receive the Price of running a Rilk, if, in F'ad, he runs none. It is jult like the Contratit ol" Bargain and Sale ; for if the Thing fold be not delivered, the Party who agicul to buy is not liable to pay. Thus, to whatever Caufe it be owini; tiiat the Rill; ij not run, as the Money was put into the Hands of the Infurer merely for the Rilk of indemnifying the Infurcd, the Purpofe having faileil, he cannot have a Ritjht to retain the ^uin lo dcpolited for a fpecial Caufe. Tlie Caufes tried and decided upon this Principle arc accurately reported by Piirk, y. 368, and fequel. The two following Cafes arc of fo fnigular a Nature, that they cannot pro. jTcrly be clall'ed under any general Rule, or common Inllances. Policy of Infurancc, to warrant a Ship for twelve Months. The Ship did not periih within the Time of twelve Months, accounted according to the tioLr Months of yiiniairy, hebriutry, &c. but within twelve Lunar Months of furn/j. right Days to the Month; and it was rcfolved, that the Policy was nut forfeited. After citing a Claufc in the Statute of 6 Geo. I. C. 18, which prohibits any other Society or Partnerlhip whatfocvcr from making Inlurances, or Iciiiliiig Money on Bottomry, except the two Corporations cllablillied by that Aiit, '.„•. the l Adion was brought. Lord Chief Juftice Kenyan — " I am of Opinion tha the Plaintiff canra recover ; for this is clearly a Partnerlhip within the Ailt of Parliament, il i lingle Name appears upon the Policy, as in this Cafe, the Infurer Ihall nmr Ic allowed if a Lofs happen, to defeat a bonii Fide Infurance, by laying to an iiinu- ccnt Pcrfon, there was a fccret Partnerlhip between another and myfclf, and therefore the Policy is void. But here, the Plaintiff is himlllf the Underwriter, who comes to cntorce an illegal Contrail : It is a i'artnerlliip pro hue I'iee; and this Party cmnot apply to a Court of Jullice to enforce a Contract founded ini Breach of the Law." No Motion was ever made to fct alidc the Non-fuit : But, two or three Days after. Lord Kenyan took Occafion to mention to the Counfellors at the Bar, tlut he had ftated tlic Cafe to the other Judges of the Court of King's-Ueneh, wlw were unanimoufly of the fame Opinion with his Lordlhip. To the great Variety of new Cades of Infurance introduced in the prcfent Edition, we have only to add tlie following juft Obfervations from Wejkett's Complete Di^t/i e/ the Theory, Laws, and Fra£}ieeoJjn/uranee, a Work of grc-at Merit, Fol. iW- 1781 :— '• As there are in iunglund but very few cxprd's Law* and Rcgulationii " concerning OF INSURANCES. •• concerning Infurancc, nor any dirtiiid Court, Conimiiridncrs, or otlier PciT<>'i'', " ajMH)intcd particularly, as in otiicr Countries, for the Dailioii and AilJulhiKiit of " Lolfcs, Average, Salvages, Recaptures, and the alniort inrtiiitc \'arii.ty of .\' ter? •« and niffercnces that arife therefrom, the only Rcloi t in Cafes of l>ifivitc bcin^ u, " our common Law Courts, with enormous lixpence, Troulde, and Uncertainty ; «« it is the nrorc needful for an Infunr to he well aniuaiiited with (om menial «• and Maritime Affairs in general, and the Dodrincs, i.a'.v:., lM"a;cs, and I'lMi-tiiv •' concerning them, as well abroad as at home; liiue ,ill thole various and " fometimes intricate Tranfadtions, Accounts, Uocinnciits, &t\ which o.ciir " amongll Merchants, Mariners, and other I'erfons in the Courfe of f(>rcign Traf- " fick J and otiier Lvents may occafionally c(jnre under his Cognizance, efpaially " in Time of War, and recjuire tlie l.\ercife(jf a lint.iI>!'-' jiidgmerU iipth make Alliirancc, and caufcth hiuifelf and them, and every of them to be infured, loft or not loft, at or from ujwn any Kind of Goods and Merchandizes whatfoever, laden or to be laden alioard the good Ship or VeHlI, called the whereof is Mafter, under God, for this pn'cnt X'^oyagc, or whofocvcr elfc ihall ;f) for Maker in the fiid Shi|>, or by whatlbevcr other Name or Names tlie lame Ship, or the Maftor tliereof, is or Ihall be named or called j beginning the Adventure upon the laid (loods and Merchandizes, from, and immediately following the Lading tliereof aboird the faid Ship and lb ih.dl con- tinue and endure, until the faid Ship, with the faid Goods and Merchandiiics whatfoevcr, lliall be arrived at and the fame there fafely landed ; and it Hull be lawful for the faid Ship, in this Voyage, to ftop and ftay at any Port or Places whatfocver without Prejudice to this Infurance ; the faid Cioods and Merchandifes, by Agree- ment, are and Ihall be valued at without further Account to be given by the Alfured for tlie fame. Touching the Adventures and Perils which we the Aillirers arc contented to Ixar, and do take upon us in this Voyage ; they are of the Sciis, Men of War, !• ire, ivne- mies. Pirates, Rovers, Thieves, Jettizons, Lett rs of Mart and Counter Mart, Surprifals, Taking at Sea, Arreft, Keftraint, and Detiiiinunts of all Ki.ig-i, Princes, and People, of what Nation, Condition, »r C^iality foover ; IJarretry of the Mafter and Mariners, and of all other Perils, Lolies, and Misfortuncii, that have or lliall come to the Hurt, Detriment or Dam.iue of the faid Cioods and Merchandizes, or any Part thereof. And in Cafe ot any Lofs or Misfor- tune, itrtiall be lawful to the Aflurcd, their Tadors, Servants, .md Ailigns, to fue, labour, and travel for, in and about the Defence, Safc-guaril, and Recovery of the faid Goods and Merchandizes, or any Part thereof, without I'rejudico v> this Infurance; to the Charges whereof we the Alfurers will 'onintiutc each one according to the Rate and Quantity of his Sum hvrein infured. And it i.^ agreed by us the Infurers, that this Writing or Policy of Airuranco (liall be of as much Force and Effedt as the fureft Writing or Policy of Alfurance Iieretofore made in Lombard-JlrcL't, or in the Royiil Exclntngi; or elle«here in London. And fo we the All'urcrs are contented, and do hereby prvimife and bind ourlLives, each one for his own Part, our Heirs, j'lxecutors, and Goods, to the Aflurcd, their Executors, Adminiftrators, and Alligns, for the true Performance of 1 the 3IJ 1 \i 3J« \W' r^rk, AppCftt N». I. f. >so to OF INSURANCES. the Prrniircs, confclTing ourfclvcs paid the Confiilcration due iin(o \^^ Air (int Aliurancc by the Allured at and after the Kate < i per Cent. And in Cafe of Lofs, wliith (Jotl foibid, tlic AfTureds to abate Pounds per Cent, In Witncfs ubereof, we lit AJj'uren have J'ubjlribed cur Names anJ Huiiit ajjuni in London. N. B. Corn, Fifli, Salt, Fruit, Flour, and Seed, are warranted free fioiu Avcrajr . .mlcfs general, or the Ship be branded. Sugar, Tobacu), ! li\, .Hemp, ilidcs, and Skins, arc warrantcil free from Aveiui^e, under live Pounds per Cent. And all other Uoods, alfo the Ship and l'rcij,'ht a.j warranted free from Average under three per Cent, unlcfii general, or tiic Ship be llnndcd. The written Claufcs or Words in 'crted in the ufual printed forms of Poli(ie% in Order to exprcfs the Meaning of the Parties to the Contradt, whiih from I'lJinc partiiular Circumlances, the printed form may not futficiently explain, arc equally binding with the printed Claufes, and in many Cafes may control tltein< Of Foreign Infitrancet. INSURANCES made \.\ France and Ihlland, being the only Countries where my 1 hing conliderabic is tr.mlaifted in tliis Species of liulinefs, out of our own, 1 fllall begin with the latter, as fuperior to the other in Point of Commerce, -lul more largely concerned with the Merchants of Great-Britain than any oth.r maritime Power on the Continent of Europe. It is generally believed, and by many atHrmed, that more Infiiranccs arc m.uls at AmjIerJiim than with us, or indeed in any other I'.irt of the World ; tlicir cxtenfivc Commerce by Sea, and the extraordinary Number of Vcllels cfiiti- nually failing from thence, naturally occalions many to follow the Prafticc ot infuring i but what has yet augmented this Uufinef-i, and multiplied the PoIkks of Infurance almol\ to Infinity, has been that Honour and Integrity with uhiiM their Underwriteis were formerly charadtcrized, as their Policies were then onl/ fubfcribed by Men of large Fortunes; but whether great I.olTes, or a lii'>- Tiding of that Courage, bctore fo conlpicuous in the very fmall Number of tli(; Rich, then conftituting the Botly of Underwriters, for Mr. Savary and Mr. Ricaril fay, they did not exceed litty or lixty, occalioned their withdrawiii;^ from Bufinefs, I (hall not pretend to determine ; but it is certain, their Nninh-r in the prefent Centur)', has greatly increafcd, and tiitir Chicaneries are at leilt equal to thofe of their Neighbours and Contemporaries ; and had they not ail- mittcd Bufinefs on worfc Terms than here, that is at lower Premiums, there would not have been that Recourlc to their City, as the many Failures anion ;!t the Infurers plainly dciv.onllratcd they had changed their fet, and that ni.iiiy of lefs Credit and Fortune were admitted to fubfcribe, than the wealthy tew abovementioned. The firft Ordinance in that City, which regulated tlie Policies of Infur.iice, was about the End of the fixtccnth Century; it was originally digellcd into thirty-lix Articles, but many of thcfc have lincc been reformed, new-modclleH, or cxpUiined by twelve fubllc; icr.t Ordinances, of which the principal ones are thole of the Years 1600, lOoi, i6o6, 1607, 1614, 1626, and 1688, and it is by this laft, that the Policies of infurance may belaid to remain fixed, though iowx few Alterations have been made fincc. But Monf. "Jean Pierre Ricard, in his Book, Le Negoce (TAmJierdam, having given an Account of the Articles made at the feveral Times abovementioned, with his Remarks on them ; I (liall tranllatc as much of them as I judge may be worth my Reader's Regard, and in doing it Ihall follow the Author's Method. No, I. I ft Article, *' Declares all Contradls of Infurance null and void, whieli a; : " made in this City contrary to Law, by any Stipulation^, Conditions, or Words *• they Ihall contain." 3 Remark. 6 r I N s n R A N c r, «J. h'lttari. Thin Article i:i not alw.iys llrn.lly CDlliivvfii i for many IndinrUf* ja* (in, cwiiiili lire not cxailUy oxilormaltlo to the Onlinaiuc, aiul otiKr. tiiruCtly ■ Kuifrary to it, .,s Wi., he ken in the lijllowiii;^ Rcin.irks > I)ut nkn tlii* I».n>|H:ns, aCliiilv lii-r.iM l>e iiilatcil in t!if I'oliey. by wliiJj the Infiirwrs e\prilsly renuunee ;ill the Uvvs, OrdJn.inu-, iin.l I'luir'ts, whkli are agiinlt i\\di an InCurance, ■iful in Call. ot"a Lolit, ami that the Inliircrs will not Itttic it ai.iuaMy, ihj MFiircil r.wycitJ t'lan before the Shcr'l", or i'-. C'oart 'KMfiria ni.itli! !.y the infiir- rs intlmles an lAihifinn from this Court, whiih t-.i Hily ii*' " tlicir I k.ir C't.ft abroail, when it dots not excetl 12000 (.'nilicrs ; but jtcrmits " the SiM|)hi'' of th.it Sum t:) be infiirtt!, provided the Alfured runs the Ril' uf '• the ,V of the 12000 Guilder-.." )<,m,!.-L This Article is very rarely o'nfervcd, and tliere is hirdly any one Poiiey uliirli diHs not contain tliele Words, .'hid the Jffurcd may ctuij'e bimj If t'j h' nlifi'd ti- White, loithiut lijkinii ih.- -raitb, i^v tMn7 on us the enti.y laliu; (xot wi:b the l^'n'mum indmid; and I do not lee what l)ccal".i>n the AlVured has to run a Kiik of the Teutli, as the Dirterence of 1200 CJuildfrb on an Infurantc kA ^o or 40,000 is but tritii:ii; to till' I'liderwi iters : However, notwiihlLm lin^ it is'foinlerted in tlie I'oliey, that the Whole is infured, yc' if the ln(uier difpufes I'avment in C'.ilc of a I.ofs, and is citetl before the (Jonunillioners, tliey wdl have no Regard to this Claufe ; but, on finding that tlie Allured has not run the Rilk of the Tenth of the 12000 CJuilders, they will make him run it, byoldiging hini to return tlie Premium of what cxcceilsi the Tenth, or by adiling it to that Part of the Lof., which the Allured ought to bear. ^d Article ordains, " That the Policies contain the Name of the '^hip ami of " the Captain, that of the Places where flic is to lade, and go to, under I'enalty " of fhe Policy's being void, if the I'ault is in the Allured ; but if it comes " from the looker he Ihall be anfwerable for it." Rii)u\rk. It is very neccllary to obferve this Article, in all its Contents nicely, becaufe the Allured not t)nly have an Opening to deceive the Infurers hy wdfidly omitting the Name of Ship or Mailer in the Pofcy, hut many Difpuies may happen, and the I ndcrwriters may, by having already infured a very large Sum on the fame Ship, be rendered fcrupulou* of ligning fuch I'ulicies. I iowcvcr, there are Cafes where it is impotTd^lc to know upon what V'ellel there will be an Intertll, by Rcilijn of the Dillance of the Place from whence (Joods and ElVedts arc expeitcd ; as, for Example, from Cwn/jv/i, Surinam, Anlumgcl, or other remote Parts, from whence Etieds, and the Advice of their' L.ulin^^', arc frequently received together ; and as it would be very hard for a Merchant, who e\jx;(its Kffcds from thofc I'.irts, to find that he is unable to fit himfelf infured, only for Want of the Name of the Ship and Captain, it may be remedied by inferting in the Policy, that the Infurance is on (jiK)ds, tj be laden hy J'uc/j a oiw, on one of the firll Ships that Ihall come from thence. The Spaniards frequently get infured at AmJitTda/a, on any VclVcl or Velllls which have laded Cioods at La Fern Cruz, or elfewheri: in the S/>anij/.< We/l-Indiet, tu their Adihefs ; but there is found fuch Deceit in thcfe Contracts, by the Con- cirncd fen ig falfe Declarations, that they had not received any Thing upon ar.y bhip 01 lie I'7ota or I'lutilla when they had, and returning the Premium, as his made the greatcll Part of the Infurers refolve not to underwrite to thofc (iciitlemen, but on Condition to make no Returns, although the AUbred Ihould have no Intercil ,:i the Fleet. 4th Article ordains, " That the Infurance on Goods rtiall begin from the " Moment they are brought on the Key, to be carried on board the ihip " deftined to tranfport them, and fhall endure till they arc arrived nl the " Place of their Conlignmcnt, and arc unladed in Safety, and fret front *' Damage." 3$.1 1 f II I i 4X Remark, 3. ^ . -i '; f*iJ 4ii ',!! m : < OF INSURANCES. Remark. There are fome who imagine they have no Right to be inl'jrcd till the Goods are laded, and Bills of Lading figned ; and others, who rteivin; Advice from abrond, of Freight being taken on a Ship and Captain named, i.-elicn.' they ought not to infurc, till they receive Advice of the Departure of the ;i!iip, or at leall till they have got the Bi'l of Lading and Invoice, in which they gicstly err ; for, befidcs that the Policy expreffes on GooJs laden or to be ItiJeu, the Artitie before-mentioned lecms to fuppofc the Infurancc made before the emharkiiiv; ; but it is net to be imagined, that if the Merchandize has fuftcred in going on board, and is afterwards infured, that tlie Infurer is obliged to pay the Damage, on Pretext that it is faid >n the Policy, that the Infunvue Jhnll comiih i:ce from iht Moment that the Goods are upon the Key, &c. This would be very uiijuii, there- fore it ought to be undcrllood only, when the Artiirance is made before the Goods arc taken out of the Warehoufe, or before they are fent aboard ; tor bfifidcs the Rilk which the Afllired runs in fliipping them, which is greater m fome Places than in others, he likcwi(e expofes himfelf to pay a higlKr Fremiiiin than if he had infured tboner, becaule the more Inlurances there are made cm a Ship, the higher Premiums the Infurers demand ; and it is further to be remarked on this Article, that although the Rijk is not Jinijhed till the Goods are unladen uij J'afe, that, as at ^hiijierdam, they are frequently left in the Lighters fur tivc or lix Days, or more, the Infurers are not obliged for any Dam.ige that may happe:i tj them, only for the firft Day. 5th Article fays, " That if in a Yer'.r and a Day, after the Infurancc made, or " after the Ship's Dcoartiirc, if it is for any Part of Europe or HarLary, tliere is " no News of her at t'.e Plate from whence ihe failed, nor at that (he was bound " to, flie (hall be efleemed as lo(l, and the Allured may demand Payment tVum " the Infurers in tlirce Months; but for Places more dillant, the Term (hall be " that (if tuo ^'cars." Remark. It too oi"tcn happens that Ships founder at Sea, fo that no Pcrfon cfcapes to tell thr Story, and our Underwriters do not poftpone Payment •\ctordin5 to the preceding Terms, as this would oblige them to a total Lofs, tiiat is Ccn:. fer Cent, but in order to JeHen it ibmcthing, when they lie tiie Allured h.is no Advice of the Ship, and when llie (lays two or three times longer tliaii llie fhould, fo that there is no Room to fuppofc lier ("afe, they thcmfelves endeavour to agree with the AlTured, and commonly pay ninety-fix per Cent, on lu*.!i Occalions. 6t]i Article dccl. es, " Thofe Afmrances to he null and invalid wliiili arc " made three Mc^nths after the Departure of the bhip dcilined for the Coail r; " Europe, Barbary, and the adjacent Parts, or thofe made in lix Months aftc " the Ship's Departure for more dillant I'hiccs, if the Allured does not advcrtiii " the Infurers thereof, and if he does not get himfelf infured, on good and Uu! " News J that is, loll or not loll." Remark. That as tlie Articles 20 and 21 have an AtHnity <.ith the foregoing, I Ihall remark on them ail together. 2oth Article imports, " That it is permitted to infurc Ships, Merthanui;:f. *• and Eftedts that arc loll, pillaged, or damaj^ai, even after the Lofs, isi. has " hapjicned, provided that the Allured has no Advice of the Lofs, cif. 2 1 It Article fays, " That the Aliurcd lliall be fuppofed to have known of the " Lofs, (^c. if he has omitted to make Infurancc, till after he can liave received " Advice either by Land or Sea, counting three Leagues of Way, or two Hours " of Time ; and that then the Adurance liiall be void, notwitlillanding, or iu.uii;re, " ail the Proofs of Ignorance the Allured may be able to give; unlefs he is iauiicd *' on good or bad News, and that he can fwe-ar that when lie made the Iiilurantc " he had not the Icaft Account of the Lofs, (2c." Remark. By thefe three Articles, which leem to be made in Favour of the Infurers, they are notwitlillanding cxpolc-d fometimes to tjie Cheats of People, who make no Confcience of a (alfe CJitli, provided it brings (Jain, and there- fore the Infurers leldom underwrite in thefe Cafes to unknown Perlons, or at IciH in Prudence they (hould not j and what may be gathered from the Liid thi:d Article, is, that tlie Ignorance of the Alfured, in Regard \ji the Ship, or touching the good or bad Advices coiiccriiing her, arc tl»c two only Conditions whirh 2 can i inlurcd till 10 r'ceivin; ned, believe >f the ;')hip, tlicy gicitly the Article embarking ; in going on tiie Damage, ,i:ce from tnt njiili, thcTL'- ; betore the aboard ; tor is greater in her Frcmiiiin re n»cide o\\ a I be reiuarkcd e unladiit iitj fur Hvc or lix nay happen to mcc made, or ■l/i7iy, there is [he was boiiiui I'ayment t'rum Perm rtiall Iw that no Pcrfii ntnt Acconiiri; i, that is (.V',;. \(lurcd h..!. II iiger tliaii lie Ives endeavour ,'(•///. on lucli lid whiili a'c n the L'oal^ i ; Months .it'tir ;s not iuivcrtii' ^ood and b.Hl I the foregoing, Merchaniii;;?- iLufs, (St. has known of the h have rctei\t.! or two Hours Img, or niaui;re, Y& he is iiiuiivil |e the Inl'urantc l-'avour of ths leats of I'eoplt, Vni, and thtrf- Jbiis, or at liMli the laid thud ip, or touching iditions wlii'h can OF INSURANCES. can render the Iiifurance valid, and therefore the Oath is very necefliirily ordained in thcfc Cafes ; for what would be more unjuft than to infure a Thing known to be loft, which could never enter the Thoughts of an honcft Man ; but as thefe Articles permit an Infuranc>' to be made, whilft the Lofs, Pillage, or Damage remains unknown, confequcntly it may be done on a VclTel fufpeftcd to be loft after a Storm, or feared to be taken by an Enemy, from fuine confufcd flying Reports about her, though without learning any Thing certain j for Exan.p/i', luppofc a Storm to happen, with many Ships in the 'Ti'.vf/, and that feveral of them were feen to drive, and, among others, fuch and fuch a one, and that it is feared they may he loft j in which Cafe, the Concerned, knowing that there will at leaft be lirge Averages, and that tlu-re is no Room to {iii'i^ti a total Lofs, if no Advice is received in two or three Days ; yet as this is uncertain, and cannot poflibly be known, the intereftcd Perfon may make Infurance, if he can find thofe that will underwrite, after the Advices above- mentioned, on Payment ol ;■. Premium proportionable to tlie Rifk : It is the famt with Refpedt to a Ship which is faid to be taken by the Enemy, though the Report is unconfirmed, and all other limilar Cafes, in which the Infurance will ftand good, prociiied it is infcrted in the Policy the lalt News there was of tlie Veflel, and that the Infurance is upon good and bad Advices, of which the Aflured can fwcar that he knows of no others at the Time of making the faid Infurance. 7th Article declares, " That the Infurance (liall be null, if the AlTured makes *' his Ship to touch at any other Ports than thofe mentioned in the Policy ; but " if this is done by the Maftcr, cither through Choice or Necellity, without the «« A'l'iT'-d's Order, it fhall not hurt the Infurance." R^mnrk. This Article, though fo very clca» as to explain itfelf, is notwith- ftanding very often the Occalion of many Di/putes between tlie Alllirers and Allured ; the former endeavouring to make the firll i'art of it fervc as a jull Plea for Non-payment of a Lofs or Average liappening in j.ny Port not mentioned in the Policy, if a Declaration of the Captain and Crew is not very exprcfs, that he was obliged to go into it through Necellity j in u hich Cale the Infurers have nothing toi reply, becaufo the AlHdavit of the Mailer and his Men is i reditjd, and the I'ndcrwritcr.s are condemned witiiout the leall Diiliculty ; but as it fre- quently happens that a Ship goes into fome Port by Order of the Owner, or principal Freighter, unknown to the other Laders, it is very important to remark the Senfe of this Article, and to diftinguilh him who knew that the VelVel would touch at certain Ports, from him who laded only for one, and did not know that ftie was to call at ethers : For Exampk, Ships are daily let up at Ainjierdiim for Bourdcavx, and the Merchants l.ule aboard them, without inquirint; or imagining that they are to flay at any Place by the Way, and make their Infuraiices directly fcr that Place ; ncverthelefs it happens that fome one has a rcnlidcrahle Parcel of CkxxIs to ihip for Roc/.'t/Ic, ami not finding a Ship ready to depart for that Port, he agrees with the Mailer lading for BourJeaux to take his (Joods for Rocbfllc, and obliges him to delivei them before he proceeds to lionr- diiiux , if this is tranfadeil without the Knowledge of him who makes Infurance for BounLaux only, and any Milchance happens to the Ship at Rocfjcll.', this Ihall not occalion a Nullity in the Policy of him who was ignorant that the Vcllcl mull call at the latter ; but there will be one in the Policy of an Owner of fuch a Ship, who has got Infurance made on her diredly for BourJ,;iux ; bccaufe, according to this Article, /jv could not liirdl /mt going into any 01 her Port but tiuir moiticm-d in ibc Foliiy, and that it is fuppofed he knew, when he made his Aifu- ranee, that the Ship was to touch at RocMIe ; for if he did not know it till after his Policy was ligned, he ought to have got a Claufe inlcrted therein, that the Ship ihould have Liberty to call there. It every Day happens, tliat Veflels which arc lading for M,irjlillcs, Genoii, and Leghorn, iAi: in Goods ioc Cudiz, Seville, burcelouit, and other Ports in their Way, without its being known to thole wlio lhipjx;d for the firft three Places, and who only got their Intereft infurcd to that of one of them, where the Mercluiulize went configned, without inferting in the Policy, a Liberty for the Ship to touch by the Way at the alorcfaid Ports, and the infurers do not ufc Mi ■"1 ■' ' n 356 OKI N S U R A K C F. S. life to make any Diffnite about it with the Shippers who Were ignorant of it, hccaiirc they know well cnciigh that it i'! ciiiloniary for liich Ships to take i.i MiTthanilire for dirtlrent Places ; hut an Owner who intures, for Kv.7'»/>.'^, liom AmjUniam to L'yJ'''/nu without putting in the Policy, that the Ship w.;>> fetich at, or go into ati Ports that arc in I.ht Route, iiis Infurance ,!i,ill he (iifcbargal, if the Willi is loll in any one of the Ports in which he thall have t;iterid, C-V. Sth Article, •' Limits the AlTurcd to fix Months for abandoning any Ship or " Ilifccls to the Inlurcrs, which Ionic foreign Power has (K))ipcd and retains, " when ti>e Retention is on the Coalls, or within the Limits ot" Europe or •• r^rrMiry ; and one Year if it is in any more remote Place, counting from the " Day that the i^rokcrs ihall have udM-rtilc-d the Infurcis thcreot', by Dirc^^tioiu " from the Alfiued ; and it permits thcfc latter, within tlie 'I iinis (o limited, ly " take their Precautions againll the Underwaters, by Securitio, Pawns, or othcr- " wife, as they (hall think [>roper ; permitting them belldes, or their Agents, to " lade the Merchandize ret l.iimcd and rckaled, upon otlier Ships, to be carrial •' to tlic Place they were defigned l<-r; and if tlic Alfurcil nniit it, the Iniiir.rv " may do it ; in which Cafe, tht.le latter /hall only be obliged in defray the \:\- " [vnce of Lading and Freight, and to pay for any Damage the tloods may luve " iuffcied, during thei • Linbargo." (yth Ai title, n\akes an l^xception in the before-mentioned Time, in Rcfped of pcriiliable Commodities, Inch as Wines, F'ruit'^, drains, ^c. in Regard of whi'.h, " The Allured (hall not be obliged to wait the Ivxpiration of the (aid f,i " Months, but may entlcavour to obtain their Rcleafe in the Manner he ileenis " bi II, though he mull make the Inturers acquainted wiiii the Condition the " iMcuh,iiidi/e is in." kim.ui:. In tlv.: two preceding Cafes of a Detention or an Arreft, the Infurtr; leave tlie Care of recl.iiming what (ball be fo Hopped to tlie Allured: Hut thiK rtiould not fiil to be well and duly authorized by the Inlurcrs which Autlvari/.i- tion i^ invalid, except made by the Hu;//yr, an Othcer, of the Cluuuhir 1 1' Infurances; and tiiercf-sre it imp(;rts the Adiired not to neglect having it made hy liim that may eflet'lually lerve them, in Cafe the Infurers (hould Uiake any Wrangling about the Charges of reclaiming, dV. as the(e coir.jnonly are exor- bitant, and (iciiuently nccalion great Dilpiucs ; to avoid wiiich the Affiirjti (hoidd abli)lut(ly do nothing witiiout tlieConfjnt of the IJiuk. writers ; andwikii tile Sum is pretty heavy, it will be ad\ift.ible to CTigage cue or tuv; uf them to ad in CoiKtrt with the AiTurtil, at lead in obtaining tlic kelcal'emcnt of ihc Cinbargocd Lftei'ls. If tlie Merchandizes reclaimed arc rcleafed, and laden on fmic other Ship, in ordi-r to linilli the Voyage, the Afl'ured lliould not f..il to make the liiliiii:^ dcila'-c it by a Claiile at the IJottom of t'le I i licy, by which they a( knu^vleli.;c to be ailvilcii that the Ship, upon which tlie Merchandize inlured was laiica, ha\ ii>g bicM embarg(x.d, it was (hipped on b.>aril liieh f/ther \'eli'el, and that thev continued tiie fune Rilk, as they ran on the (iill Shij>, to their dtdiiied Tort. loth Article, " Prohibits the making Infurance on the Body oi the Ship, " Cnins, ;uid warlike Stores, ("or above two Thirds of thtir \'alue, and to inlurc " in any .M..r»ner vvhatlivever the Freight, Stores, Powder, Ualls, Victuals, or " liich like ctJiilinnaMe Things." Riimirk. This Article was too burthenfomc to Owners of Ships, in obliijinij them not to inliire above 24000 (Juilders, upoji an Intered of more than y^ or 36000 ; fu that tlieir RitliS were reduced to an eighth Part of the Value of Ships, by the llid At title of tlie Ordinance of the 26th oi Jauuury, ib()%, as will be ken lurealter. iith Article, " Prohibits Mafters of Ships, Mates, Sailors, Men at Arms, " and all othei'i who ("crve aboard, to infure their Salnies, or any Thing tiiat " belongs to them, except they have Goods with them above the Inijiort o( their " Wages." Rfnuirii. This Article is founded on fubdantial Rcafons, of which tlie prin- cipal is, as 1 imagine, tiiat as the Owners are not obliged to pay the Mar-iers 6 . alter OF INSURANCES. nftcr loofing their Ship, thcfe latter commonly eiukuvour all they can to lave her, •vvhen in Danger, in Onlcr to fecure their Pay ; and it is certain that they \v{)ulil not aft on fuch Occalions with lb much Zeal, if their Wages were iiilured. 1 2th and i -^th Articles, " Limits the Time in which the Aflured arc obliged " to bring their Aftion of Damage or Average againll the Infurers, vi\r. a Year " and a Half, if the Lofs or Damage has happened on the Coafts of Europe or «< TjVr/w;^, and in thr;.e Vears, if it has happened in more diftaiit Regions; to " be reckoned from the Tinie of the Ship's entire Difciiargc, cr from the Time " in which the Lofs has liaopencd." Remark. The Cafe very kldom h.ippcns, tiiat the Aflured wait fo long a Time to demand their Lofs or Average from the Infurers or at leaft to let them know that they have one to fettle, wiiich is fuflicient for commencing an Adtion againft thcni in Cafe of a Rcfufal, even when tiiey cannot know till a long Time after, wliat the faid Lofs or Avi'r;'.c?;e will amount to. 14th Article fays, " That all the preceding Orders arc to be underftood for " Allurances made on every Thing that goes by Sea, G?(\" 15th Article, " Regards the Infuranccs made on Goods, carried by Land, " or Rivers, the which tin; Merchants may contract among ihcmfelves, as they " (hall think proper, except that the Allured (hall run the Rilk of the -t' , as " in the Second Article of this Ordinance, anil that the Carters and Waggon'^rs " fliall not inliire above Half the Value of tlieir Carts, Waggons, or Horfes, " and Nothing of their Wages." Remark. There are very few of thcfe Sorts of Infuranccs made at /Ir,. '*erdam, therefore I fhall not make any Oblervations on this, or the fubfequent Article 16, which is only " To allow the Affured 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." lytli Article ordains, " That if Infurance is made upon Grains, Fruits, " VV'ines, Oil.s Salt, Herrings, Sugar, (^licklilvcr. Tallow, Butter, Cheefe, " Hops, Syrup, Honey, becds round or flat, and fuch like Things as are fub- " jeifl to Corruption : upon Ammunition, and upon Silver coined and uncoined; " they fhall be fptcificd in the I'olicy, upon Penalty of its being otherwife null " and void." Remark. The Alteration of this Article will be feen in what follows, at Number 3. 18th Article, " Permits the contrading Parties in Afl'urances, to make them •' before Notaries, Rcgiflers, or other publick Oflicers, or by private Notes of " particular Perfons, or before creditable VVitnefl'es." Remark. As this Ordinance was made on the 311! oi yu.iuary 1598, it ap- pc:'.rs that but few Infuranccs were made then, and they were jiermitted to be luidcr a private i'irm, and upon common Paper; but the Number of them li.uing conlulci-dily increafed flnce that Time, it ^vas neceflary, as will be feen in the Sequel, to ordain a let I'orm, and to have it marked by the Secretary of the Chamber. Tor a long time, all Sorts of Policies were drawn up indif- fiTintly, under the tsvelve Stiver Seals ; but by tiie Regulation made by the States of Ho'/Iaf/d :md ff^yi-lri/e/ani/, upon the l)uty of the fmall Seal, of che 28th of ^/;/e«/A 1716, in the 58th Article, " It is ordained, that all the Policies for " Sums under 500 Guilders, (hall for the future be made under the twelve " Stiver Seals; thofe of 500 Guilders, and Icfs than 10,000, under the twenty- " four Stiver Seals; and thofe of 10,000 and upwards, under the forty-eight " Stiver Seals." Ihit as it would be imprudent in the Brokers to hazard a fealed Policy, wlien tl'cir I'.mploycr.s order them to get a Sum infured at a limited Price, or on fvich Conditions, as they doubt will not be complied with, they have fmall Policies on common Paper, which they often /^et the Underwriters to lign, and afterwards to transfer their Finns to fuch as arc ordained b) Law, wht»n the Infurance is completed. 3S7 Wui 1 UfK •i 1 m 4Y 19th 358 r Ji" OF INSURANCES. 1 Qth Article, " Orders all thole concerned in Policies, to mAc thcni oiu " according to the Ordiniiiicc, and to keep a Copy, V-hittt/i. cf .'.1 rhc Hiimi- •' writing therein. R'-ntari. This is fo much the more necefliiry, as the .AlKi'CiI .ii.;v ii. } mm to teur or lofc u Policy, or li.-ine Kn.ivc who lias got i-imklf ii..' rci > i a aii>r fomething therein to his Benefit, and the Difailvantaj^e of rl.t I'iP.i:\' s ; in which Culi.-, and in other hniilar ones, the Copy which the isrol^cr keeps, may A;rve iW a Proof and TclHmunial, I have already noticed the Articles 20 and 21, under (lie 6th. 22d Article, '• Permits the A(l"urcd to demand a lleturn of Pieniium fn ni " the Inlurcrs, except [per Cent, if he docs not lade tlie Goods, orlholl- an- not " ihipped lor him, on which the Infurance was made, or if he ha 'nlirtj " inoic tlian tiic \aliie of the Merchandize he lias ihippcd, or is lldppcd lor " him." R.m.iri. When a Retur:i of Premium is demanded, it (hould be dor;': as fcKia as poii.Me, to rciiK\c all lulpicion from the Infurtrs, of an intention to rln;>t them in C .ill- of Damaj^e ; ar.d if the Infurance is made on a Ship coinMig tVoni a dilhuu Port, in the Expci-'lation of havmg fome Goods by her, which on h.r Arrival is fuund to be other wile, the Allured Ihoald ihew the Underwriter,, >.hen lie demands t!ie Return, the Letters he may have received, with the A^i- vice that his Correfpondcnts could i:ot fend him any Thiiy by thit Occalion; or at Kvirt a Dcclar.ition from the Captain, atteftinj.', that he brought Nothing' ilir the Allined ; for without tliis, he will not be unlike thofe Peopk, who tiiii!.:;; their Merchindize lale arrived, are fo dilhonell to aliirm the/ had nothing abo.;.,', in Order to pru;.ure a Return. ivlAiiiclc, " Ord.iiiis, tliat tlie lall Underwriters Ihali participate in i..; " Infurance, a- muth as tlie firlV, either in Protit or Lofs." RiiHiirk. NVith Regard to Profit or Lofs, one Infurcr may hwe more tl; n another in the fame Infurance j for when a very large Sum is to !)c infurctl, aj ,\ gooil Part cf it is TiDne at a certain i'rice ; for Examf'lr, at tlv^x p.'r C.i;tt. hx a Suliiiiency to complete it is not to be obt.iined on xlviic Tern s, tli-- Pii.n,i .11 i.s laifed to four per Cent, in which Cafe the lall I'nd^r writers gain uiit ^,• Citit. more than the firft, if the Adventure arrives fafe, and lofe one/)ir (. ■'. kfs than the others, in Cafe it docs not ; but it is not in thi;- Refpedt, that t;;:; Article is to be underllood, for it only ordains, that each Infurcr Ihall partake of the Profit or Lofs, in I'roportion to tlie Sum he hav li ',ned for, •viz.. if o;;i; Infurcr, who his underwrote at three per dut. gaiiis the I'lctiiiuiV), he th." lias, underwrote for four or five per Cent, gains it alio; and il hi; tliat has li,'; al for tliree/>i7- C'fv;/. pa^'s fifty or .'.\f S U R A N C E S. uo.iiblc, and the aflurcd muft get as much as they can, ot ;vait till liicy have niutured Proofs of the Lofs, in all the Forms by Law required. 26th Article, " Says, that if the grofs Avera;>c dor;, i. /i exceed one per Cfttl " the Infurers ihall not be oLlij;cd to pay it.' Remark. Averages of two or three />cr Cent, happen lb often, that th.e InfiirciH find nj Advantage in this Article, and therefore they have for a lonj^ Time agreed to lign no I'olicy which does not free them from any Average under three i)er Cent, as alio to be free from the Expcnce of 'jjurs de Planche, which arc thofe Days a Ship is to lie, by Cultom or Chartcrparty, more tlian what is nccef- (■'.ry to lade or unlade her Cargo, and as they are frequently obliged to pay Averages upon Wools, Flav, and Ilcmp, they have for Ibme Years paft agreed among thcmfelvcs, not to infurc on thcfc three Sorts of Merchandize, except free of Average under ten per Cent. Neverthelefs, when the Infurers arc fucd, the Commifiioners of the Cham- ber have no Regard to thefc Claufes, but condemn the Underwriters to pay all Averages that exceed the one per Cent, in Conformity to tlic Ordinance. 27111 Article, " Frees the Infurers from paying the Damage or Lof3, upon ' Things that corrupt and fpoil from their own imperfcd Nature, when fome " foreign Cauieor Mifchance has not contributed to it. " Remark. If the Grain, Fruits, or other futh Merchandize, happens to heat, or the Wine, Hrandy, Oils, and other Liquors, are fpilt and leaked, without any Thing's contributing to it, the Damage is the Allured's j but if 't is occaf'oned by the Sea-Water in a Storm, 01 by a Shock of -'<>:'. Ship againll fome Bank of Sand, or any fimilar Caule, the Damage is foi the InlUrcr's Account. 28th Article, " Obliges the Aflured to advcrtife the Infurers of the Advices " they receive, of the Mifchanccs, Fnibargots, and Daniai^es, which happen •' to the Ships or Etfeds infured, and that Brokers, or otiier pubiick I'crfons, do " make Minutes of fuch Advcrtifements." Remark. The Allured arc ib much the mtire oblij^c.l to j;ivc tliis Notice to their Infurers, as it is thty who mull pay tlie Damage, in Cafe of a Difarter j and if the Aifured docs the Icaft Thing unknown to the Underwriters, and v.ithcut their Confent or Authority, and that what the Aflurcd llrall iiavc done to prevent a greater 111, turns out the Rcvcrfc of what he expelled, there are many Cafes in which the Infurers would not be obliged for the Damage, and others in which they nwy have room tu wrangle a great deal, to Icdeii their Lofs. 2yth Article, " Imports, that this Ordinance ought to be underflood geiic- '* rally, for all the Infur.MHX« which Ihall be made in tiiis City, as well by the " Subjeds of this Country as hj Strangers, aiul \\\Mm ail Sorts of Mcrcliandi?e •• and Efteds, going and coming, both by Sea and Land ; and if they are con- ♦• trary to tiie Ordinance, they (lull be null and invalid, as is mentioned in thi' " lirfl Article." Remark. I have already obfer cd on the fird Article, that manv ' ifurances were made, which arc not entire y conformable to the Ordinance; d I have nothing more to add here, but hat U(c and Culhirn have inttixiiKed many Things which are contrary, but he ought to b( extremely fcdulous, on making any Infurance contrary to the Onliiiance, in taking care what lnlurei-> underwrite the Policy,, and to inlert all (iich C laules, as may leave no Room tor Dilptite, or to have them annulled by the Chamber of Ini'uranccs, or by the other Courts of juftice, in Cafe ot being obliged to con\e iKlbre tli n, which will ia a great Meafure deficnd on the Ability and Forecall of the Broker. 30th Article, " I'orbids the Commidioncrs of the Chamber of Affurances, " their Secretary and Clerk, ynd all Iniurancc Brokern, to iiiliirc or to be in- " lured, dirc(aiy or indiredUy." Rtma-k. It may be fecn, that tiiis Prohibition, with Refpciit to the Commif- ficncrs and Secretary, is taken away by the Ordinance Numb. 4. But in Regard to tlie Sworn-Brokers, as they takeaii Oath not to do any Bulincfs for their own Account, wlien they arc admitted, they can neither iiilur* nor be inf -^d without • c, ntravenini^ 359 1 r - M^;, .? M mm 1 bLjl;'-: ^- wm \i 360 O r 1 N :. U R A N C F. 3, Contraveninp or l-ivakinj^ their O.ith ; ncvcrthik-b there arc many wljo have Ships and Parts, whitli they every Day get inriircd. ■^\([ Article, " Drilcrs to punilh cxcmplarily all ihofc who (lull ufc any ** Fraud, Mifdcmc.uioiir, or Cheat in Airnraiiccs. Remark, liil'urantes were invcitcd and introduced, purely with the Dcfij;!! to relieve Mcrtliaivts iii Cafe of a LoCs, by iharini^ as inui h -.is they tliDUi^lu proper to <»ct inlured ; tliereCi a-, it woulil be acting very iiiijulUy, to aim ,t gaining or enriching i/ne's felt', by making the Inlurers lofc, as h.'.i happtiiccl more than onie, by Thieves and Knaves, who have iiil'iired lanM: Sums on Ships aboard which they had nothing, or Things of a veiy Inidl N'ahic, whiili they have in ("oiucrt with the Captains procured to bi; loll, ir "oy loinc fucli Other Tricks : It is therclorc of the utnioll Importance to the Inlurcis, that this Article be puiliicil to the greate/l Rigour, and it may !)e ken in llie Ordinance Numb. VII. Art. z. that thclc iJotts of Cafes are refervcd to be judged by ihr Lords Ivctievin*^, or sheriffs, T,n\ .\rtivlc, " Ordains, that all Accidents '. f Infurancc, (Ivili be brought ♦' in the full Inflance bel'orc the Commiliioners of the Ch uubcr, which they Ihaii ** judjjc upon the I'ootingof the Ordinance j and for their L'.mploy, tiiey lliall h.ivc '* jointly with the Secretary One-third />.r (..V/.'/. cjn the Sums broj^lit for tiitir " Determinatmn, payable by the IMaintitV." 33d Article, " Authorizes the Commidiotiers of the Chamb.'r to order ; " Delivery of tlie Money d-.-ivaiuled, whollVi or partly, if they think pro|Kr, " after the X'eritication of the Policies and Proofs, and tliat it appcirs to tluia, " that the N'otilication of the I.ofs to the Infurers wis jn.ide three Montln " before, permitting thofe \\\m have obtained tlie I'olVefrriii, t;) remain with " the Money, under a futlicient .Security, to return it witi-; Inteicll, after ;Ii' " Rate of twelve /ii'^ Cait. per Ani). if the Cununitlioners find afterw.'.rds t'ui " it ought to bereturi ed." 34th Article, " I'eniits an A|>peal from the Sentence of the CoinmUVioiicr*, " to the Echcvins, or 'herifts, of the tlity." 35th Article, " Ordiins, that the I'xecution of the Sentence; give:i by tlie " Commirtioners, fliali be pcrt(>rmed in the lame Manner, as tiiat of tlie Sc:;- *• tcncrs '^iven by the Seigneurs 'xhevins." 3f(tli, and lad Article of the vJahnance, No. I. " PiieJls ihofc wlio ap|\il •' to the Seigneurs lichevins, from the .Sentence nf the Commiliioners, to ilo it " in ten D.iys and to give in their Articles in ten Day? after, paying .it tlu- '■' firfl Audience tuelvc Guilders as a Mukt, if the Scntcn;e oi tlie CoiUiiiil- " fioners is cojilirmed by the fiiil Seigneurs." Rcimirk. I fhall content myfcll with giving the Sciife of tlu fj fcur l.ui Articles juft as they ."re, without entering into a Det.iil of the C.Ues that 1111/ hap,—., when obliged to litigate them with the Infurers, becaule that there i> an Iniinity, which almoll nil dirter one from anotlier, in the wIkL', or iii I'.irt, and which the Suiicitors, who pkad thele Sort ol Afl'drs often, know lo uJi how to embroil, that the I'rocels m.iy l.ill longer than it ought ; I ihali 1/ Iv rcr" trk on this Subjedl, a Pallagc in the Tie.itife of Aver.igi..';, wrote by tiic famous '^'mtyn Uytjln, which is fo very often cited in Jullice, upon tlie .Matter of Averages and Infurances, wlicre he lays, (Lit the htj'urcr is r^'^.trlti h t reliilt, from what the Article 2, where it is Ipoke of, ord.uns, that the Aflured fliall run the Rifle of ,-7, for all under 12,000 Cluildcrs, according to whici), a Man, who has got lO.Soo (Guilders infured on (Jooils worth 12,000, (,mnot inlMi- any more; and one i>\ the Infurers happening to fail, and the Afiured being diiiious to get fomc other to underwrite in his Room, it woidd licm by the rolay, tliat lie lluuild have got himfelf infured for more than he was jXTmittcd, if he had not given it over, in the P'orms diredted in this Am- plification, which rn ly ferve him for Proof in Cafe of Need j but as I have mentioned under the fccond Article, that any one might get himfelf infured entirely, I ftiall only obferve here, tijai if an Infurcr hapjiens to fail, the Adured (Imuld by no Means omit dcftrting from his Infurancc, in the Forms prelcribcd by this Amplification. No. III. The 9th of M.iy, 16 14, " Our Lords of Juflice having examined 17th " Article of this Ordinance, and founi' that great Abiifes have relulted froni it " they theii^ht proper to alter it; anl to ordain, that, hereafter, all Sorts " of Merchandizes and Eftedls whatfnt.iry, 1600, and in the Month of June 160 1, " Our Lords of " Jullice ordered that the C'ommidioners ol" the Chamber of Infurances, and " their Secrctan, might be inlured." The 30th Article of tl>e firlt Ordinance had prohibited it, as may be leen in the laid Article. ' _ ^ , No. V. " This Ordinance provides, that all the different Accidents which ari(e from " Avenges, (hall be carried, in the tirll Indance, before the Commiflioners of " the Chamber of Infurances, to be by them regulated and decided, in the " Manner ellablidied uith rdped- to Inliirances, in the lall Articles of the " firft Ordinance, and that the Execution of the Sentences Ihall be ixrrfomied " according thereto." 4 Z No. VI. 361 n :'fpl f-m w:' ;•(, I'M' ■- , if- * " hit i- .hBl j6a O t I N S U R A N C I?, S. No. VI. " The firft Part of this Ordiiunce provides, tluu ihcy (h.ill evcnr three Diyj " protccil aj.iiinll thctc, who bcinji; tittil bLturc the C liaiiiln-r, (liali not app;,ir; •* aiiJ that tiir the tiitt, Utoinl, third, and tburil. I'aiiU of Non-appoarana', " they lli.iH he coiuicmiicd upon a fcrond OiniilioM, in a .Miiltl of fix Stivers; " on tlic third in twelve llivers ; anil at the loiuth, ei;^l»teon Stivers ; and tint " the C'oniniiiiioncrs may '.owlemn or abl'olvc for tli." I'rineipil at the fuurtli " Nev;le»it ; liowever, witlioiit liecreeinj^ a SMuriiy in Virtue ut' tlie liid l"a ilr, " unlels the Cowuniliionerb fee, by the Deduction ol" the C'aule, that it u ilil- " poled To that he ou^ht to be ordained to give it, inllead ptadelinitivc Sentencs " in \'irtue of the fourtli Fault. " The fccond I'art oidains, tliat the Oetay or Ruin of the Ships that gr» " from lu-nee to the liiJiit, whether it happens going or coming, (hall be v\ " Aceouiu of tile Infurers, unlcfs thefe Vellels happen to be employed in an " extraordinary Manner in the faid Indies, for the trade thereof ; and that all " the Merthant.N (hall be obligeil to plaic their Merchandize, upon which the " Averages ougl\t to iv regulated, according to their true Value ; ami that this " may be done with the greater llonelly, liie lifted.-) brought under t\)iitri- " bution (hill be put into the Hands ol' the Commiihoners, to the End that " they niay be enabled to determine equitably." This Ordinance was iivide the 20th of '///'/.•, 1606, before the Eltablilhmcnt of the A'.'.//'.; Company, and regards more tlie Particulars who traded there, tii.ui the Company, who never infure that 1 know of } but (nice that it charges ilic Infurers wltii the periihing of Siiips in a Country fo dilhuit, there is much llronger Real'on that tiie}' ihould he ani'werable for the (ame Misfortunes in tholi; Seas which are a great deal nearer, in which the Infurers would certaiidy \k greatly to be pitied, if the Commillioncrs had not lome Regard to tliem, whii'i is left to their Difcrction in the Ordinance, No. XI. To commit the litVeds put under Contribution of an Average into the C.';'- millioners hands, t'lat they may judge equitably, is very olten impoll'd'le, .; i when it i.> othcrwife tiie tiling would be equally troubielbme to the Cdii- miflioners and Merchants ; therefore, in fuch Ca(es, tlie Commitiloners i!\."i- fclvcs have the Ships taxed that lie before the City, and order tlie .Mercli!,;. who have an Intcrert in the lading, to bring in an Account of the ju(l \ alui;"i tlicir Goods to tiie Chamber, and as this is t^ften done atter the Goods are li;L!, tliole who have difpofed u{ tluiis inlert tiie Produce in their A».count^, a ,1 thole that are Itill unfold they pal's accoraing to the i^rice ciuieiit ; and, ujhmi ti -• nutation of the Ship, thelc ditJlrent Accounts of the Merchants, and the 1 Jii- mation of the Damage happened, the Commiflioi.crs regahuc the Avei.\ge, aiil decree the Repartition in tlieir Sentence. No. VII. This Ordinance, made the 14th of Juur, 1607, contains five Articles; i-l which tlie 111 Article ordains, " That tlie Fines proceeding from the Faults ol'tair.cJ " before the Chamber, (hall b; exaded by the Muilher of the Chairber; (it " which he (hall have the third for his iVouble, and if he cannot rci;ov>.r *' them, they may be exacted by the Serjeant of M()n(ieur the OlHcer." 2d Article, " l^ireift; the Conimillioncrs to lend before tiic Lords Eclicvi; ll " all thofe Caules of Infurance in which they have lound any Fraud." lli is properly a Confirmation and Amplification of that which is ("aid in tlic tir Ordinance, Article 3 1 . 3d Article decrees, " Tliat when in any Danger, fjme grols Goods ihall \\v\ " been thro wn overboard from betwc"cn Decks on Ships coming from the " Lcviiiit, they (hall be biought into an .Average on Ship and Cargo." This is a Law generally received by all Eunpr, to bring into a grols Average all that is thrown into the Sea, all that is cut away, broken, or loft in tlie Danger, to lave that which remains aboard ; which makes me believe, that tliis Article was only made to Hop the Moutlis of foiiie Wranglers, who it is probal)lc 6 wuulJ three D'.vi not aiiiv, ir ; •.ipjHMr;iiKi', lix Stivers ; •s ; ;\iul tli.\t the tburtli ; r,iil F.i lit, at it is ilil- ;ivc SciitiiiC! lips that gn lij.iU he ui ih)yeil in an •and ihnt all n whitli the ami that this iJer (.\mtri- ihe KihI that ',ft.\hlilhmc;U 1 theie, tii.m ; charges tlii; ere is inuiii lines ill tholi: J certainly be them, wh'u'i nto the C'( '"- npoinhlc, I'.i 1) the Ciia- honers ihr.n- ic Merchi;.^. jult \ allien! iiLs are ifl!. ctoiints, .i",l and, ujHiii ti -• and the lilh- Avei-.'.'-e, .ml Artie loii i-i liults (jht.iiiicJ [chan^ber; ct Imnot n-'LoVjr ber." Lrds Echtviii. jraiid." 'lliis Id in the firll lods ihall hv.i ling irom the kols Aver.<.gc ir loft in the Lve, that this it IS pro ibable would OF INSURANCES. would maintain, that what i> put hetwccn Decks, being thrown overheard ii' the Danger, oii^ht not to he brought into an Average. 4th Article, " Authorizes the C ommiflioncrs to condemn the Parties, hi all " or halt" of the I'xpences, or to decide them as they (hall think proper." cth Article, " luijuins the C'ommillloncrs not to carry to the Inlhrcr's Ac- " count, when they regulate any Average, only what ihcy (hall find ouglit 10 *• be carried to Avera^ es." To undcrlhind tlvsArticIe aright, it muft he obferved that Averages arc fVc- qiieiitly reij;ulated in one Manner between the Proprietors ot' the Ship and thofe interellcd in the V. irgo, and in a different one, with Regard to the Inlurers, who are not obliged g«neially to pay all that is brought into an Average upon Ship and (Joods, "but c il\ certain Articles, according to the Circumllanccs of the Cafe, wiiich would l)c .uo long to deduce here. , No, VIII. This Ordinance alfu contains five Articles, of which the ill Article, " Decrees, that ;ill the Preinnnns ot Inhiiance, which do not " exceed 7 pc>- Cent, (h ill be paid in ready Money ; without deducing them from " th'- Damage in thefe Caufes, which ihill be brought before the Chambjr, but " they (hall be coimred and held as paid." 2d Article, " Ordains, th.it tlie Premiums lAceding 7 per Ccut. fliall be paid " in fix Months after figning the Polity ; but if 'hi. Premiums on going and " coming amount to more than the 7 per Cent, and ic \ \ *•■»• Cent, inclufive, " the Half ihall be paid dosvn, and the other Half in fix Months after, witli " the Jnter.ll of 12 per Cent, per Anil, after the Expiration of the faid fix " Mont!-..^, to the time of Payment. In Obedience to the firft of thefe Articles, or both of them, the Infurcis never fign a Policy, that they do not infert at th : fame Time, that they have received the Premium, although they do not receive it till two or three Months after, and fometimcs never, becaufe they have an open Account with every Bro- ker, and if a Lof>, hapjiens, they draw upon him, without hiving e-ijoyed the Piviniums. It is true they may recover of him diredlly, and it were to be wiihed, for their S; kes, that they gave lefs Credit to fome Brokers, who ufe the Prtiniums to pay every thing elfe but them ; if they gave fo much kfs Credit t ) the BiokMirs, 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 Opportunity of gaining their Brokerage, they are only anfwerablc to the Infurers for the Premiums ; and if thofe were paid in ready Money, the Brokers would not je expofed to this Rilk. In Regard to the Premiums in going and coming, the Cuftom obferved for .a long time, has been in the fime Manner as above, but the Broker will not engage with the Infurers only for the Premium out : A. id \shen the Ship is arrived, or is upon her way Home, the Infurer afligns the Premium of her Re- turn on the AHurcd ; but as it frequently hapiicns, that fome of the AlFuied fiil during the Interval of the Voyage, by which the Underwriters lolt; the Premium on the Ship's Return, it is now fome Years fince they have obli"^cd tliL- Brokers to be anfwcrable for both, m which I think they have adlcd very prudently. ,A Article, " Ordains, that when tlic Cliamber of APuirances has made a " Repartition of the Average or Damage, the Infurers (hall be obliged to pay " it direitly, and in Default thereof, they (hall pay the Aillired an Interefi on " the bum in w'licli they have been condemned, after tlie i ; "A t( i ;v 4 \' ij wk IH ,9 iSi ' H M D r.t- i k vi-: |i '^•i- mm 'i?'^ j^^ O F 1 N S U K A N C r S. I have remarked ujx>n the faid a5th Article, tli.it in I'uch Cafe, the Inrurcri OMght to pay the entire I-ofs, but in agreeing it amicably, tlicy only pay :;8 p,r Cent, which is better both for one and tlie other, tlun to go to Law, for many Reafons. 5th Article, " Orikrs that the Brokerage on Iiifuranccs fliall not cvcccd ', /• r •• Cent, as well on going and coining, as on going or coming only j to be }Mid •• Half by the Infurcrs, and the other 1 lalf by the Allured." The Culloin is, tliat tlie Infurcrs only pay the Brokerage at \ either goinp or coming, and \ />''* Cent. t)utw,iids iiid Homewards ; and if this is not a;;iaj to, as the Brokerage for going or coming fingly is \ per Cent, the Brokers tn.iy with Reafoii, firll make the InUirance Outwards, and tome Days after nuke that Homeward, in Onlcr to get double Brokerage j and I do not doubt of tluir having done io, lince the making of this Ordinance, Uc. No. IX. It is ordained by this Amplifintion of the preceding Ordinance, N'o. Vllf. " That all the Premiums of Inliirancc, at whatever per Cent, they may \k, " and let them be what they will, Ihall Ik- p.iid immediately on figning tlij I'u- " licy, under Penalty of their iKing null ; juovided that on thofe which are made " for going and coming, the Premiums for going lhall be paid direCHy, and th: " the Premiums for returning lhall be paid on the Arrival of the V'ellels ; jiui ol " all the Iiifuranccs which are maiie by the Muntb, the Prcmiinns lhall be (uij " down for as many Months as (hall be llipulated in the Policy." No. X. As the foregoing Ordinatiie does not very clearly explain itfelf in fiyliij, that the Premiums on th^ homeward bound Voyage dull Ik paid on the .sliins Arrival, this Article is atlded, ami imiwrts, th.it the I'remiumi on her e 'i..n^ hack, lhall he p.iiil i..l.Hn the I'eifel ihiili be retunie.l, cii.l the foyige ll/ii/heil. It may be leen by thcle iwu Articles, what 1 have faid under the fecund Ar- ticle of No. Vill. No. XI. In Reply to the Advitc which the Commiirionrrs of the Chanil^er reqiiclKi of the Burgomartcrs, how thty (houUI retjulate tl). D.uivage upon W'oad, Sui;,ir, and other Merchandi/es, \\ hi( '• came from the /^ /5ores Illands ; as a very gnut dilferercnce is found in the Priie, l)ctwcx-n tho.e bought with ready Moikv, and thofe taken in Barter ; and alfo ufx>n what th faid Commillioiiers rcprcfnt, that in long X'oyages, where the Alfurc\l gain lai ely, the Velfels decay conlkkr- ably, and if they are loft, the Infurcrs pay a great deal more than the Ship) would have fold fur, if they had arrived in .Salecy, '• Our Lords of Jullice ordained, that the W'o.ul fliould be reckoncil, tiil " further Order, upon the footing of 800 Rees the Qiiintal, unlefs the L'i:i- " cerneil can prove in eij^ht Months, that the Woad was bought in the liiiii lili . •• at a higher or lower Price; and with Ref}x:d to Sugars ami other Mtrclu:i- " dize, the C'oniniiirioners may value them as they (liall think pioper." •* And touching the Ships, wliiJi, by the Length of their N'oyages, arc worn " out, worm-eaten, or become unnavigable, the Commillioners were authoriui " to aft according to their Difcretion." It is very jull to have RcLjard to the Price of the Gocxls which arc to contri- bute loan Average, when the Calculation i; to Ik made, more efpci i ally when fome Part of them have bcx-n taken in Barter, and the other paid ti r \vii!i Re.uly -Money ; in which Cafe thofe that are received in Barter, would coil j good deal more if palled at the Price they were taken at in Barter, tluii tliolc purchafed with Ready-Money, and would not however be any thin;^ l>ctti.'r. and notwithftanding they would pay confiderably more than they ouglit towai>i> the Average. For Example, A Quintal of Woad lhall have been taken in liarta for 1200 Rees, and a Quintal of the fame bought for 600, with Ready-Mo"^) > and if the Average is regulated on the footing of thcle two Purchafcs, the Quintal taken in Exchange will pay double tJic Average that tlie Quintal bought 3 . ^^'''' OF INSURANCES. with rcaily Money will, which would be vifibly contary to Reafoh, artd w the Ordinance No. VI. whicli dircdls, that things mould be put at their true Value. In Hcfpedt to the Decay of Ships, it is certainly very equitable, that it Ihould be regulated, as well in tiie Rejjulation of LolTes as in th.it of Avenges j for it is ccrtiin, that on many (Jtcalions the Iiillircrs lol'c, and p.iy iht; Damage which lia| ^ > '>' Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^ A 366 OF INSURANCES. proper, for the Benefit and Advantage of the faid Voyage ; the above-mentioned Dangers, confifting in all Perils of the Sea, of Storms, Fire, and Winds, Arreft of Friends or Enemies, Detention of Kings, Queens, Princes, Lords, and Communities, Letters of Marque and Coun|ermarque, Imprudence of Captains, or Barretry of the Marine! V, and in all other Perils and Adventures wrhich can happen to the liiid Ship, of whatfoevcr Sorts they may be, forefeen or unforefeen, ordinary or extraordinary, without excepting any one, provided they happen without any Defign, or Knowledge of the Aflured ; We put ourfelves in al! the aforefaid Cafes in your Place, to pay you the Affured, or to your Agent, all the Damage that you (hall have fuffered, viz. each one, in Proportion to the Sum he (hall have underwrote, as well the firft as the laft Infurer, and that within one Month after we (liall have been duly advifed of the Lofs or Damage; and in that Cafe, we give to you the A(rured, and to all others, a full Power, whether it turns to our Advantage or to our Lofs, to lend a Hand to fave tlie Ship and its Appurtenances, to fell it, and to diftribute the Money, if the Cafe requires it, without demanding either our Confent or PermifTion : We alfo pay- ing the Charges, which (hall be occafioned in this Affair, and likewife the Damage which (hall have happened, whether any Thing is Caved or not ; and, in Refpeft of the Account of Charges, a Certificate (hall be added to the Oath of him that furni(hed them, without any Contradidlion j provided that there (liall be paid us in ready Money, for the Price of this A(rurance, f>er Cent, engaging for this Effedt, and fubmitting our Perfons and Goods prcfent, and to come, according to Law ; renouncing, as Men of Honour, all Chicanes and Exceptions, which may contradidt the prefent. So done at jimfterdam, 6cc. N. B. 'The Policies on Goods are the fame with the above, only varying the -Terwi, as in the Englifli one, therefore I omit the Tranjlalion. A new Amplification of th: Ordinance of the Chamber of Affurances, and Averages, of the City o/* Amfterdam, THE Lords of Juftice of the City of Amflerdam, having feen and examined the Requeft of many confiderable Merchants of the (iiid City, prefcnted to them To-day, befeeching that there may be fome Alteration and Redrcfs made in Matter of Infurances j and after having heard the Advice of the Commiflioners of the Chamber of Infurances and Averages, have thought proper to cnaft and ordain, as ihey do by the(e Prefents ; I ft Article, '• Tliat henceforward Infurance may be made on the Body and " Tackle of Ships for oiven-eighths of their true Value ; however, without Pcr- " mi(non to make any on their Freight, Powder, Ball, Victuals, or fuch like " Things which are confumed j and the A(rured fliall be obliged to run Ri(k of " the One-eighth, as well for what is above, as under two Thoufand Livra k " Gros, derogating and altering in this Refpedl the loth Article of theOnlinance " of the Chamber of Infurances." The loth Article of the firft Ordinance altered by this, forbids the infuring Ships for above Two-thirds of their Value, which was fufficient to difcourage all thofe who (hould have a Defign to build Ships, it obliging them to run the Rifli of One-third of their Value, which might not fuit every one ; fo that it is with Reafon they have changed the (aid i oth Article of which we are fpeaking ; and it is even very much wi(hed, that they had not obliged the Owners of Ships by this Article, to run the Ri(k of the One-eighth ; for, bcfidcs its caufing many Diiputes, there is not naturally any Nece(nty to oblige a Man to run a Rifk, which 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 wortli as much, or half as much, as the Body of the Ship; I, however, very well know, that when the Commiflioners of the Chamber have a Ship taxed, it is taxed with all its Apparel and Appurtenances, and without Contradiftion from the Infurers ; but I do not know what would happen if fome one amongft them would ftick to the Letter of the Ordinance, which only gives Commillion to infurc O 1- I N S U R A N C E S. infurc the Body j it may be faid, that a Ship cannot go to Sea without Sails Mafts, S^c. {o that her Apparel and Appurtenances being abfulutcly neceflary to perform the Voyage, they may be, and efFedually are, comprehended with the Body of the Ship; however, this would not (hut the Mouths of fomt Wranglers, if they were in fuch a Cafe. But not to extend my Criticifm any farther, I fliall only fay, that when an Infurance is made on the Body of a Ship, it is very neceffary 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 mould find a propos to put in it, according to the Cafes and Cirrumftances. zd Article of this Amplification (liys, '* That in like Manner it (hall be per- " niitted to infure the fingle Ranfom, or Redemption of Captains and Sailors, " who run a Rilk of being taken by Corfairs ; and that upon Policies, of which " the Plan fiiall be given herewith, the which ought to be marked by the " Secretary of the Chamber, who fliall have three Stivers for each, as for other •' Policies ; upon Penalty, that if they are not marked by the faid Secretary, " they fliall not be valid, and that the Brokers, who fliall make any Policies in «' a different Manner fliall pay fifty Guilders Muldt for each, &c." The 24th Article of the firfl: Ordinance, prohibits the making Infurance on any Lives whatfoevcr ; and many People confound Liberty with Life, imagining that infuring the one was not more lawful than the other, which occafioned many Difliculties between the Owners of Ships, and their Captains bound to the Mediterranean and the adjacent Parts, where they run the Rilk 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 leail Rupture that we now have with any one of the States of Barbary, the Captains defigned 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 unfor- tunate as to be taken. 3d Article of the faid Amplification, " Decrees, that any Infurance made " upon Money given a la Grojjc, a Term ufed in Holland for lending Money at a " large Interefl: like Bottomry, upon Goods, fliall not be valid, unlefs it be •' exprefsly 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 bu'. the Afllirance " being made from a Place, where no Bill of Lading was figned, it muft be " proved by the Contradl de Grojfe, or Bottomry, &c." The 4th and 5th Articles, authorize the Commiflloners to condemn, from the fecond Non-appearance, thofe whom the Infurers have cited before the Chamber for the Payment of Premiums, and to proceed to other Caufes every two Days, and to condemn 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, viz. Eafch for the Sum here under 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, unlade and lade, at the Will of the Captain or Mate, whether it is with the Liking and Confent of the Affurcd or his Deputy or not ; and that upon the Body and Perfon of bound for upon the Ship, which God preferve, called commanded by Captain and in Cafe that the lliid Ship fliould happen to be lofl:, and not acconiplifli her Voyage, we run the fame Rifk on the Ship or Ships upon which the faid may embark, to purfue and finifli his aforefiid Voyage, be it either by Sea or Land j and we only run the Rifk of his being taken, by any Nation whatfoever, whether Turk, Moor, or Barbarian, or other Infidel Pirates, from whom in Cafe that ^^'^ ^^id happens to be taken, and ranfomed, which God avert, we promife to pay immediately to the Affured, or to the Bearer of I thefc 3^7 ^1(1 i 368 6FINSURANCtS. thefe Prefents, without any Abatement, each the Sum by us infured for hi^ Redemption, with the other Charges that this Affiiir may occafion ; and that as fooh as the Advice fhall be received, and that it fliall appear to us that he is releafed, or his Ranfom paid, and that the Bills of Exchange have been accepted ; but the Sums by us infured muft be employed only in his Ranfom and concur- rent Expences, and for nothing elfe ; and for the Accomplifliment of the above, we engage our Peiions and EfFeds, prefent and to come, fubmitting them to all Laws and Tribunals of Juftice, the V'hole fincercly without Fraud or Deceit j and we have agreed for the Premium. So done in Amjlirdam, &c. Policies of Infurance in France, arc generally drawn up in the Ilcgiftry Office of Infurance, in thofe Places where one is eftablifl'ed : and in thofe Places where there are none, the Policies may be made either before a Notaiy Publick, or under a private Firm. D.deC. Pag. j^ foreign Places where Frcwi:^ Confuls are fettled, the Policies of Infurance A»u»ANCE. "^^y be entered in the Chancery of the Confulate, before two Witnefles ; and ail thefe Policies muft mention the Name and Place of Abode of the Infured, his Condition, whether Proprietor or Agent, and tlie Goods or EfFeds on which the Infurance is made : Tney muft likewife contain the Name of the Ship and Mailer, the Place from whence the Goods are or mult be laded, of the Haven or Port from whence the Ship is to fail, or fliall have failed, of the Ports where (lie is to lade and unlade, and of idl thofe where Hie is to touch : They muft alfo exprefs the Time when the Rilks are to begin and iiniih, the Sums that are infured, the Premium given, the Submiflion of the contradting Parties to Arbitration in Cafe of Difpute, and all other Claufes in general on which they are agreed, according to the Ufc and Cuftoms of the Sea ; about all which, his Moft Chriftian Majefty publiflied an Ordinance in the Month of ^«/^7//.', 16S1, where, at titre 6, du Libre ?, every Part of Infurance is fully diredted. Befides the Infurances we nave hitherto mentioned, others are made in France, called Secret or Anonymous ones, which are performed by Correfpondcnce with Foreigners, even in Time of War. It is inferted in the Policies of this Sort of Infurance, that it is for a Friend's Account, M'hofoever he may be, without naming the Perfon ; and in Cafe the Ship or Merchandizes fo infured happen to be loft, the Affured muft notify it, and his abandoning the Infurance, by an A(ft in P'orm, cither by the Regifter, a Notan,', or Bailiff, demanding Payment of the Sums infured, in Confequence of his reliii- quiftiii7g, in the Time agreed by the Policy. Infurances are made in many Parts oi France, particularly in moft of the mari- time Towns; and in the Beginning of the Year 1770, a Chamber of Infurance was eftabliftied at Paris, with a Fund of twelve Millions of Livres, in which fomc Alterations were made about ten Months after ; but as the Articles in their Policies differ very little from the Dutch, to avoid Repetitions, I fliall not en- large on them. An Office for Infurances was likewife eftabliftiec'. about the latter End of the fame Year at Stockholm ; and another about fix Month after at Naples, with a Capital of 100,000 Crowns. And a Company has been long fettled at Copenhagen for this Purpofe ; befides which, large Infurances arc made in Norway, a; \ the Ternw generally the fame as in Holland. All Policies muft be made on ftanipcd Paper, and no Infurance permitted on Life, Wages, Provifion, Ammunition, or Materials j only on Ship and Goodi, and on thefe no more than Nine-tenths of their real Value. The Infurers pay no Average, on Demurrage, or Lofles under 3 per Cent, nor on Wool, Hemp, Flax, Sugar, and Stock-fifh, under 10 per Cent. And the Laws arc fo rigorous, that if the Infurance is made for above Nine-tenths of the real Value, as afore-mcntioned, the Premium is funk, and the Perpetrators fuffer Death. When a Policy on Goods is figncd, the Underwriters are anfwerable for all ■ Damages they may receive, from the time of their carrying from the Shore, until their . . Of ARBITRATORS, &c. tlieir being duly delivered on Shore again ; and if Credit is given on the Premium, itbearshalf/^rCf;?/. Intereft/XT Month. On a Lofs of Ship or Goods, the Afliired may have U notified to the Infurers, with full Proofs j and if the latter do not pay the Lofs within three Months, he muft pay the AfTurcd half per Cent. Monthly, from the Time of the Lofs being notified to him, until its Difcharge. A Ship bound to any Part o( Europe, and no News heard of her within a Year and a Day, the Infurance is due j and if the Voyage is to any other Part of *he World, two Years are allowed ; and it is to be noted that a Year and a Day, m Law, is underftood to be a Year and fix Weeks. If the Voyage is altered, and Premium returned, half per Cent, is allowed the Underwriters, as in other Parts ; and the Infurance in this Country is void, and the Capital confifcate, if not made on ftamped Paper. Fenice, Leghorn, Genoa, Pifa, Hamburgh, and many other maritime Cities, have their Underwriters, and pretty confiderable Infurances are fometimes made there ; but thofe I have before mentioned are the principal Places where large Sums are underwrote for, with the greateft Security. ■; " --'. r 'i ■ •. -I Of Arbitrators J Arbitraments, Arbitration Bonds, and ■ Awards. • ' AN Arbitrator is an extraordinary private Judge, between Party and Party, chofcn by their mutual Confent, to d;torinine Controverfics between them. And he is fo called citlier from Arhitrtum, Free Will, as fome derive it j or becaufe he has an arbitrary Po^'er, as is fuppofed by others j for if Arbitrators obferve the Submiflion, and keep within due Bounds, their Sentences are definitive, from whicli there lies no Appeal. The Power of Arbitrators is to be regulated by the Coontrads between the Parties, as to what concerns the Diflirences which they are to determine, and whatever they decree beyond that is of no EflTeft. The Award of Arbitrators is definitive, and, bein^ chofen by the Parties, they are not tied to fuch Formal ities of Law as Judg.-s in other Cafes are, and yet they have as great Power as other Judges to determine the Matters in Variance ; but their Determination muft be certain, and it is to be according to the exprefs Condition of the Bond, by which the Parties fubmit theimeh-es to their Judgement. After a definitive Sentence is given, t' e Fundions of Arbitrators ceafe, and tliey have ..ot Power to retradl or alter it. No Matters wherein the Publick is concerned, or befides thofe of a private Niiture, which regard Property between Perfon and Perfon, can be fubmitted to the Dccifion oi Arbitrators . The Differences arifing between Merchants, relating to their Commerce, and between Parties, in relation to tlicir Partnerfhips, and alfo Accounts of Guardiandiips, and other Adminiftrations, are proper Subjcdls for Arbitration. Therefore all Articles of Partiierfhip (hould contain a Claufe, by wliich the Partners bind themfclves to fubmit to Arbitrators in tlie Difputes that may arife between them. And if the fame was done in the Contract, and Policies of AlFurance, it might prevent many Suits at Law. It has been a Cuftoin to chufe two, one by each of the contending Parties, witli a Liberty for them to chufe an Umpire in Cafe of DiHigreement ; but as this Method has on many Occafions expofed the Arbitrators to fome Difgufts, from tliofe whofc Differences they were labouring to reconcile, it has been a Pradtice for fome Time part to nominate three in the Bond, by which Means their different Opinions remain fecret, and confequently unknown to the Concerned, who arc too apt ungcneroufly to rcfledt on a Determination, which will naturally differ from the Opinion at leaft of one of the Parties, and excite in an uncandid manner a Ccnfure, where at Icaft their Thanks are due. 369 B The u i7^ Clam. Rep> a 79. 1 ririt, 2 J. 26 Htn. VI. $»• 39 tt-r. VI. II. 47 fi/w. Ill, 31. 2 Mod. Entr, £»;• 262. I jlld. 201. 1 Rol. Abr. J + 2. 2 Sound, I2 2< » /.;//. 169. 1 SM. 71. AW. Caf. 33 Bnrjinl, 55. 8 Rtp. 93. 1 Ul. Abr. 170. I MnJ. Rep. Cmitl, OF A R B I T R A T O K S, er,. The Channcry will not give Relief agaiiift the Award of the Arbitrator i, except it be for Corruption, ^c. and where their Award is not flridly binding by tiiu Rules of Law, the Court of Equity can decree a Ferfornianie. When the Arbitrators make an Award upon one Day, they cannot make anotlicr between the Parties on any 'her Day; nor can they do it I'art at one Time anj Part at another, although tli>. Times arc within the Submiilion. Though the Arbitrators may aerec upon a Thing one Day, and on aiiothcr Thing at another Time, and at lau make an Award of the Whole. Arbitrators arc to award what is equal between the Parties, and not on one Side only, and the Performance of it muft be lawful and poffible ; and the Award muft be final. If the Arbitrators make an Award of Money to be paid to a Stranger, iSc, 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. For it is a general Rule in Equity, that when it appears that any one of the Arbitrators was any way interejled in the Matters in Controverfy referred to them, the Award is to be fet afide. Where a Thing is to be done on Payment of Money, a Tender of the Money is as much as an adlual Payment. Adion of Debt may be brought for Money adjudged to be paid by Arbitrators, declaring on the Award ; and alio Adion of Debt upon the Bond, for not per- forming the Award. When there is but one Arbitrator, which happens 'vhere the Matter is referred to two, or they cannot agree, but leave it to be determined by a third Pcrfon, it is called an Umpirage. But the Arbitrators are to refufe, and declare they will make no Award before the Umpire (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 Arbitrators' Time is out, and if any other Power be given to the Umpire, it is not good ; for two Perfons cannot have a feveral Jurifdidion at one Time. But this feems to be contradided by the Pradice afore-mentioncd, of nomi- rating three Arbitrators in the Bond, except the Diftindion confifts in Sounds only, as neither of the three is termed an Umpire. Au Arbitration is generally an EfFed of Moderation in the contending Parties, •who think it more fafe to refer the Matter in Difput'j to the Determination of Friends, than to venture a Trial at Law, more efpecially as the one is coftly, and the other tranfaded gratis ; and although there is no particular Obligation to oblige Parties in England to refer their Differences to Arbitrators, as is the Cuftom in France, yet our Statutes recommend thefe References to the Subjeds, and more particularly to Merchants and Traders, as an ufeful E.Ypcdient to end their Difputes with the greater Eafe and Expedition. I'he Civilians make a Difference between Arbiter and Ariitnitor ; an Arkiiu being tied to proceed and judge according to Law, mingled with Equity ; but an Arbitrator is wholly at his own Difcretion, without Solemnity of Procefs, or Courfe of Judgement, to hear and determine the Controverfy referred to him, fo as it be Juxta Arbitrium boni Viri. Arbitrators (hould give their Award without entering into P.;rticulars, or afllgning their Rcafons for it, as this might expofc them to a Chancery Suit from a diffatisfied Party, and it fliould be in Writing, and within tlic Time limited by the Arbitration Bonds. There Ihould be appointed by the Award fomc reciprocal Ad, to be done by each Party to the other, which the Law requiretn to be quid pro quo, although it be never fo fmaJl, and reciprocal Acquittances (liould be dircded, either general or particular ones, according as the Nature of the Decilion Ihall require. I'he Arbitrators are not to award any Thing, whereby any Matter already deter- mined by a De:ree in Chancery, or a Judgement at Common Law, or any Sentence judicially given in the Caufe, be infringed or meddled with ; for Sentences ot a judicial OF ARBITRATORS, Wr. ."7' iilon, except I on another Itrangcr, dc. Judicial Courts of Record are always of a higher Nature than ArbUratars^ Awards, and juftly challenge both Obedience and Refpedlj though Civilians thciiirclvcs do frequently call Merchants in to their Affiftance, when the Matter in Difpute is relative to Trade, and fomjtimes recommend the Decifion of a mercantile Point to a Trader, after they have long and curioufly debated it, with- out bringing it to a Conclufion. Arbitrament (in LAtin ArUtfium) is the Sentence or Determination, g Rep. 5^. pronounced by Arl)i.rators, and publiflied when they have heard all Parties, and this is either general, of Aftions, Demands, Quarrels, (Sc. ov Jpecial, of foine certain Matters in Controverfy : it may be alfo abfolute or conditional. To every Arbitrament, five Things are incident, viz. Firft, Matter of Con- Hard, 44. troverfy. Secondly, Submiflion. Thirdly, Parties to the Submiflion. Fourthly, Arbitrators. And, Fifthly, giving up the Arbitrament. Arbitrators cannot refer Arbitraments to others, if the Submiflion be not fo j Jei,k. Cm. but an Arbitrament that one fhall releafe to another, by Advice of a certain Per- "»• fon, is good, becaufe it is a Reference only for the Execution of it. Submiflions to Arbitraments are ufually by Bond, and the Parties who bind Danv, Abr. themfelves, are obliged to take Notice of the Award, at their Peril j but Things ,' Rep. -g. relating to a Freehold, Debts due on Bond, or on certain Contraft, Criminal 1 rJ! Abr." Offences, Gfc. are not arbitrable. *+^' ^t'* For ending Suits by Arbitrament, the following Adt is the only one made in any late Reign, viz. After the nth of May 1698, all Merchants and Traders, and others defiringQ^nd 'p^W, to end any Controverfy, Suit, or Quarrel, for which there is no other Remedy, g^^ ,' '^* but by a perfonal Aftion or Suit in Equity, by Arbitrament, may agree, that their Submiflion of the Suit to the Award, or Umpirage, of any Per- fon or Perfons, fhall be made a Rule of any of hio Majefly's Courts of Record, which the Parties fhall choofe, and may infert fuch their Agreement in their SubmifTion, or the Condition of the Bond of Promife ; and upon pro- ducing an Affidavit of fuch Agreement, and upon reading and filing fuch Affidavit in the Court fo chofen, the fame may be entered of Record in fuch Court, and a Rule of Court Oiall be thereupon made that the Parties fhall fub- mit to, and finally be concluded by fuch Arbitration or Umpirage: And in Cafe of Difobediencc thereto, the Party neglefting, or refufing, fhall be fub- jedl to all the Penalties of contemning a Rule of Court, and Procefs fliall ifliie accordingly, which fhall not be flopped or delayed by any Order, G?r. of any other Court, either of Law or Equity, unlefs it appear on Oath, that the Arbi- trators or Umpire mifbehaved themfelves, and that fuch Award was corruptly or unduly procured. Any Arbitration or Umpirage, procured by Corruption or undue Means, fliall Sea. 2, be void, and fct afidc by any Court of Law or Equity, fo as fuch Corruption or undue Practice be complained of, in the Court wnere the Rule is made for fuch Arbitration, before the lalt Day of the next Term, after fuch Arbitration made and publifhed to the Parties. In Confequence of this Statute, it is now become a confidcrable Part of the Bufinefs of the fuperior Courts, to fet afide fuch Awards as are partially or ille- gally made ; or to enforce their Execution when legal, by the fame Procefs of Contempt, as is awarded for Difobediencc to fuch Rules and Orders as are ifTued by the Courts themfelves. Blackjlone's Comment. Vol. III. An Arbitration Bond. KNOW ALL MEN by thefe Prefents, tliat I A. B. of the Parifh, &c. in the County, &c. Merchant, am held and firmly obliged to C. D. of, &c. in the County aforefaid, Efq. in Pounds of good and lawful Money of Great-Britain, to be paid to the faid C. D. or his certain Attorney, his Ex- ecutors, Adminiftrators, or Affigns, to which Payment, well and truly to be made, I oblige myfelf, my Heirs, Executors, and Adminiftrators, firmly by thefe Prefents, fealed with my feal, dated at on the Day of in the Twenty-fourth Year of the Reign of our Sovereign Lord King Qeorgt I 372 O r A R B I T K A T O R S, &V. George II. and in the Yenr of our Lord God, one Tlioufand {even Hundred uikI fifty-one. The Condition of this Obligation is fiich, that if the above bound ^. P. Ii|< Heirs, Executors, and Adminiftratorsv for his and their Farts, and Bchahs do in all Things well and truly ftand to, obey, abide liy, perform, fulfil, and keep the Award, Ord ., Arbitrament, final ICnd, ami Determination of E. F, mul G. H. Arbitrators indifferently named, elcdted, and chofcn, 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 and ton- cerning all, and all Manner of Adion and AdUons, Caufe and Caiii'es of Aftions, Suits, Bills, Bonds, Specialties, Judgements, Executions, E.\tviit^, Quarrels, Controverfies, Trefpafles, Damages, and Demands whatfoevcr, at any Time or Times, heretofore had, made, moved, brought, conmicnced, fued, profecufed, done, fuftered, committed, or dej-)ending by or between the faid Parties, fo as the faid Award be made, and given up in VVritln^^, under their Hands and Seals, ready to be delivered to the faid Parties on or befors the next enfuing the Date above-mentioned : But if the faij Arbitrators do not make fuch their Award of, and concerning tlw Prtinilcs by the Time aforefaid, that then if the faid /4. B. his Heirs, Executor;, 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, Arbitrament, Umpirage, final End, and Determination of y. K. Umpire, indifferently chofen between the faid Parties, of, and concerning the Pnmifc^ fo as the faid Umpirage do make his Award or Umpire of, and concerning the Premifes, and deliver the Hime in Writing under his Hand and Seal, to the laid Parties, on or before the next enfuing the Date ibovc- faid, then this Obligation to be void, or othcrwife to be, and remain in full Force and Virtue. ^. B. Signed, fetucti, and delivered, in the Frefence of L. M. N. O. Tipire, the l.ittcr Part r. Xrom, iui if tk Note, if there k mufl be omiti Jhid Arbitrators, Though I have before obfervcd, it is now cuftomary to choofc three Arbitra. tors, and have thcin nominated in the Bonds. i.v. U \ \ I Dam: Abr, JIJ. Cn. Eli*. The aforefaid 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 preceding Adl of Parliament, viz^. And the above-mentioned yf. B. doth agree and defire, that this his Subinif- fion to the Award above-mentioned, be made a Rule of his Majcfty's Court of King's Bench, or any other Court of Record, purfuant to the late Adt of Parlia- ment for this Purpofe provided, and the like for the other Party fubmittcd to juc'b Award. Award is the Judgement and Arbitration of one or more Perfons, at the Re- queft of two Parties who are at Variance, for ending the Matter in Difpute, without publick Authority j and may be called an A-ward, becaufe it is impofed on both Parties to be obferved by them DiSium, quod ad Cujlodiendum, feu Ul'fir- vandum, Partibus imponitur. An Award may be by Word or in Writing, but it is ufually ^iven in tlic latter, and mart be exadtly according to the Submiffion. If an Award be ac- cording to the Submilfion by Bond, though it is void in Law, if it be not obferved, the Obligation will be forfeited. Where Arbitrators award z. Thing againft Law, it is void; if more is anardeil than fubmitted, the Award will be void ; but when an Award feems to extend to more than in the Submiflloi', the Words de ^ fuper pramifis, rellrain it to the Thing fubmitted. An Hundred .iii.l O F A R B I T R A t O R S, y^. 373 An Aivardtazy be void in fomc Part, and good in another Part, if it makes 'o Krp. ji. an End of all the Differences fuhmitted ; and if an Award be good in Part, * *"*'"'■ "''^* and void in Part, the good fliall be performed. An y^wW without a Deed of Sabmiflion will be goodj in bar of a Trefpafs. Danv. ^a%. But the Delivery of the Award in Writing, under Hand and Seal, Off. mufl: i^j'r, 243. be pleaded, and be exadly replied to by the Plaintiff, in Adion of Debt on an '^^f '7. 7»- Award, or it will be ill on Demurrer. The Submiflion to an Award may be by Bond, Covenant, or by an AJfumfi/it loRfp. 131. or Promiff ; or without all this, by a bare Agreement, to refer the Matter to '^^"' ^'°' fuch a Perfon or Perfons. A Hulband may fubmit to an Award, for himfclf and his Wife, for her f/aW. igg. Goods and Chatties, to bind her j but an Infant may not make any Submiflion to an Award, or any other for him, for it will be void. If fcveral Perfons do a Wrong to a Man, and one of thefe, and he to whom 7 !'• 'V. 3< the Wrong is done, fubmit to an Award; the other Perfons, who were no Par- tics to the Submiflion, may take Advantage of it, to cxtinguilh the Wrong. And where the Award oi Recom pence for a Wrong done is performed, that Djrr, i8j. Wrong is altogether determined -, alfo the Award of a Perfonal Chattel doth alter the Property of it, and give it to the Party to whom awarded, that he may have Detinue for it. A Submilhon is of all Adlions and Demands, &c. though there be but one Dj,r,ii6, Caufe or Matter between thcmj an Award may be made for this: And where ?j^" 'S"' two Things are fubmitted, and the Award but one, it is good, if the Arbitra- * '' '' tors have no further Notice of the other ; though if it be of three Things, or fome Particulars with a general Claufe of all other Matters, in that Cafe they muft make the Award for the Things particularly named, without any other Notice f^ivi^n. If the Submiflion be by divers Perfons, and the Arbitrators award between 8 Rtp. fom* of them only, this is good, but if a Submiflion is of certain Things in ^^'^' ^^' Spi:cial, with a Provijb in the Condition, that the Award be made of the Premifles, Gff . by fuch a Day, there the Award muft be made of all, or it will be void. An Award of all Adtions, Real, when the Submiffion is of Adlions Perfonal, P!ps to make the ytwiril. And the Court held this a Breach of the l\ule, and gr.mtej an Attachment Niji Caiijli. Upon a Submiflion to the Award of the three Foremen of the Jury, wlio made their ^ii.-. fol. Though an Alien may purchafc and take that which he cannot keep or retain, *i;~ ^'ca \° y-' ^^^ ^^^'^ '^"''^ provided a Mean of Enquiry before he can be diverted of tlie liime ; for until feme O/'cy be found, the Freehold is in hiin. And this Oriice, which is to gain tlic King a P'ee, or Freehold, muft be under the Great Sf<:/ of Eii^ltiiid ; for a ConnnifTion under the Exchequer Seal is not fufficiciit to entitle the King to the Lands of an Alien born, for the Commiirion. if, w hat gives the King a Title, for before that he hath none. An Alien cannot purchafe Lands for his own Benefit, but he may for that of qi, 94. i.o, (]ig Crown ; therefore if Land be devifed to an Alien, the Crown fliall have it; "' "*' yet if an /lliia. Tenant in Tail, fufFcrs a conunon Recovery before Office found, the Recovery is good. If an Alien and a Subicift born, purchafe Lands to them and their Heirs, tliey are yoint Te?iorn SubjeSl ; ^" ^;. p,„,, tlie Failier purchafes Lands, and dies, the Son fliall be Heir to the Father, not- Comn. Vol, withllanding the Difability of the Grandfather, and yet all the Blood that the '+'• Father hath is derived from the difabled Parents ; for they are not Medii Ante- celjhres, between" the Father and tlie Son, hnt paramount. The Law does not hinder, but that an Alien is of the fame Degree and Relation c, of Confawruinity as natural-born Subjects, or Denizens born, the Son, the Father, 9; and Brother, though Aliens; the Son, Father, and Brother, our Law takes ^" Notice of as well as natural-born Subjeds -, and fo it was adjudged j for he fliall be preferred mAdminifiration, though m\ Alien, as /text of Kin. But in Cafes of Inheritance, the Law takes no Notice of him, and therefore, as he fliall not take by Defcent, fo he fliall not impede the Defcent to the younger broiherj as, for .Tnfl:ance, A. an Alien, B. and C naturalized by Adt of Par- lia.nent, all Brothers ; B. purchafes Lands, and dies, fine Prole, without Iflue, C. .'hall inherit, and not A. A. an Alien, B. and C. his Brothers, both naturalized by Aft of Parliament ; ffjm/. B. purchafes Lands, and dies without Iflliie, the fame fliall not come to A. nor \ to his Ifliie, though a Denizen, but fliall come to (7. and his IlFue ; the Law taking no Notice of A. as to impede the SucceiTion of C. or his Iflue, though it work a confequenfwl Difability, to bar the Iflue of A. parallel to what the Law calls Corruption of Blood, which is a Confequent of Attainder. Again, in a Lineal Defcent, if there be a Grandfather, a natural-born Subjeft. the Father of an Alien, and the Son a natural-born Subjeft % the Father is made a Denizen, yet he fliall not inherit the Grandfither ; and if the Father dies in the Life of the Grandtalher, the Grandchild, tijough born after the Denization, doth not removi. eivher the perfonal, or the confequential Impediments, or Inca- pacity of the Fadier. In Collateral Defcents, the Father, a natural-born Subjeft, has Iflue two Sons Gojfuy and Aliens, who are both made Dt'w'.ic;.. ; one dies without Iflue, the other fliall not ^:^"°''' *--''^" inherit him. A. an Alien, marries an Englip Woman, who is feized of Lands, and has Cro.>..s39' Ilfiiej the Father and Mother die, yet the Iflue may inherit the Mother, non ^ _^ //'' K^p. objlante the Incapacity of the Father being an Alien. Vau^kau :3j. Tlie Statute /e Natis ultra Mare, declares the Iflue, born of an Englijh Man Uvir.z. ^^. Upon an E«i^///'Z) Woman, fliall be n. Denizen -, and the Conftruftion has been, 25 a\Ai- H^ though an Englijh Merchant marries a Foreigner, and has Ifliie by her born ^"'l'-'"'' °'' beyond the Seas, that Ilfue is a natural-born Subjeft. Hut if an Er'glijb Woman goes beyond the Sea, and there marries an Alien, Cn.Car.6oi. and has Iflue beyond the Sea, that Iflue are Aliens. i(«««iCafc. Yet if an Englijh Woman marries an Alien beyond the Seas, and then comes Pmi'ifiCt.^* into England, and has Iflue, they arc not Aliens, but may inherit. No Sro. Car. 8, r.V/ics/jj'Cafe, 20 £./. III. 1 it. i.u.:cU' ly *Care, I3 Car. 11. n c:ym. Ban. oi Ktnt. 1 1 Car, 11. C. i8. S. I. 9 Attn, C . 2 1 S-53. ilnft. S, 129 380 F A L I E N S, £5".. No AHcn, or Perfons not born within the Allegiance ox the King, or natu- ralized, or made a free Denizen, fhall exercife the Occupation of a Merchant, or Fadlor, in any of his Majefty's Plantations or Territories in y^ia, y^/ricn, or Amcricii, upon Pain of Forfeiture of all his Goods, which are in his Pof. feflion, Gfc. All fuch Perfons as fliall be born on Board any of the Ships employed about the Trade of the South-Sea Company, or in any of the Places which Hiall be dif- covered or poflefled by the Company, rtiall be deemed natural-born Subjefts. Naturalization is the niaicing an ^lien the King's natural S\xh]c&. by Ad of Parliament, whereby he becomes as much a Subjedt, to all Intents and Pur- pofes, as if he was born fo ; for by Naturalization, a Perfon's Iflue, before tlic Naturalization, fliall inherit. A Stranger, naturalized by Aft of Parliament, may have Lands by Defccnt, as Heir at Law, as well as have them by Purchafe ; but until he is naturalized, or made Denizen, a Stranger is not generally under the King's Proteftion, to have the Benefit of the Laws. ',7m:\.c,2. No Perfon of the Age of eighteen Years, or above, fliall be naturalized, unlefs he have received the Lord's Supper within one Month before any Bill exhi- bited for that Purpofe, and alfo fliall take the Oath of Supremacy and Allegiance in the Parliament- Houfe, before his Bill be twice readj and the Lord Ciian- cellor, if the Bill begin in tlie Upper Houfe, and the Speaker of the Common; Houfe, if the Bill begin there, fliall have Authority during the Seflion to admi- nifler fuch Oaths. The Claufe in the A(fl 12 Will. III. Cap. 2. whereby it is enadled, that no Perfon born out of th;fe Kingdoms, though he be naturalized, except fuch as are born oi Englijh Parents, fhould be capable to be of the Privy Council, iic. fliall not extend to difable any Perfon, who, before his Majcfly's Acceflion to the Crown, was naturalized. No Perfon fliall be naturalized, unlefs in the Bill exhibited for that Purpoli there be a Claufe to declare, that fuch Perfon fhall not be enabled to be of the Privy Council, or a Member of either Houfe of Parliament, or enjoy any Otike of Truft, or have any Grant from the Crown ; and no Bill of Naturalization ihl\ be received without fuch Claufe Children born out of the Allegiance of the Crown of Great-Britain, whofe Fathers fliall be natural-born Subjedls, fliall, by Virtue of the Ait 7 Ann. Cap, 5. and of this Ad:, be natural-born Sabjeds. Provided that nothing in 7 Ann. Cap. 5 or this Ad, fliall make any Chil- dren, born out of the Liegeance of the Crown, to be natural-born Subjeds, whofe Fathers, at the Time of the Birth of fuch Children, were, or fliall be attainted of High Treafon, cither in this Kingdom, or in Ireland, or were liable to the Penalties of High Treafon or Felony in Cafe of their returning into this Kingdom or Ireland, without Licence of his Majefty ; or were, or fliall be in the Service of any foreign State, then in Enmity with the Crown of Great- Britain. 8- 3- If any Child, whofe Father, at the Time of the Birth of fuch Child, was attainted of High Treafon, or liable to tlic Penalties of High Treafon or Felony in Cafe of returning without Licence, or was in the Service of any foreign Stati 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, ijoi, and the 25th oi March, 1731, and during fuch Relidence hath profefled the Proteftant Religion, or hath come into Great- Britain, &c. and profefled the Proteftant Religion, and died within Great-Britain, &c. at any Time between the 16th of November, 1708, and the 1 5th of Af<7;r^'. 1731, or hath continued in the adual Pofl'efllon or Receipt of the Rents of any Lands in Great-Britain, &c. for ont Year, at any Time between the faid i6th ct Ncr.cmbcr, 1708, and the 25th of M/rr^, 1731 ; or hath, bona Fide, fold or ll-ttlcd any l^ands in Great-Britain or Ireland, and any Perfon claiming Title thereto, under iuch Sale or Settlement, hath been in attual Poflcflion or Receipt , .of I G«. I. C. 4 S. I. S. 2, 4 Gro. I. C. 21. S. I. 6. ». OF ALIENS, i^e. ■ ' of tlie Rents thereof for fix Months, between the faid i6th of NoiMtnier, t7o8> and the 25th oi March, 1731, every fuch Child fliall be deemed a natural-born Subiedl of the Crown of Greitt-Britain. And for the better encouraging foreign Seamen to ferve on board BritiJJ) Ships, 13 G«. U. it is further enaded, that every fuch foreign Seaman who fhall, after the firft ''' "i* Day of January, 1739, have ferved during the War, on board any Britijh Man of War, Merchant-Ship, or Privateer for two Years, (hall be deemed a natural-born Subjedl of Great-Britain, and fliall enjoy all the Privileges, Gff. as an adtiial Native of Great-Britain. Provided that no Perfon, thus naturalized, fhall 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, tff. from the Crown. Enacted, that after the ift Day of June, 1740, all Foreigners, who have P- '^7» «*'' inhabited or (hall inhabit for feven Years, or more, in any of our American Colonies, and (hall not be abfent from fome 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 fubfcribe the Declaration appointed by the Aft of I Geo. L or, being a ^aker, (hall make and fubfcribe the Declaratioa of Fidelity, and take and affirm theEfFeft of the Abjuration Oath, appointed by the Aft 8 Geo. I. and alfo make and fubfcribe the Profeffion of his Chriftian Belief, appointed by the Aft i IV. and M. before any one of the Judges of the Colony, wherein fuch Perfons have inhabited, or (liall inhabit, (hall be adjudged to be his Majefty's natural-born Subjefts of this Kingdoni, to all Intents and Purpofes, as if they had been really born in the fame } that the faid Judges (hall give the liiid Oaths, Gff . in open Court, between the Hours of Nine and Twelve in the Forenoon, which (liall be entered in the lame Court, and alfo in the Secre- tary's Ortice of the Colony wherein fuch Perfon (hall lb inhabit; for doing whereof two Shilling; (liall be paid at fuch refpeftive Place, under the Penalty of 10/. for every Negleft : Every Secretary is alfo required to make fuch Entry, in P. i^i" ft Book to be kept for that Purpo(e in his Olfice, on Notification by a Judge of the fame Colony, under the like Penalty. All Perfons duly qualifying themfelves to be naturalized, except Quakers or Ji-ii's, (hall receive the Sacrament of the Lord's Supper in fome Prote(tant Con- gregation in Great-Britain, or in fome of the American Colonies, within three Months next before their taking and fubfcribing the faid Oaths and Declaration ; ai'd (hall at the Time of taking and fubfcribing the faid Oaths, iSc. produce a Certificate, figned by the Perfon admini(tering the faid Sacrament, and attefted by two credible WitnelTes, whereof an Entry (hall be made in the Secretary's Office of the Colony wherein they ihall inhabit, as alfo in the Court where the faid Oaths (hall be taken, without Fee or Reward. Whenever a Jew prefents himfelf to take the Oaths purfuant to this Aft, the P. 170. Words, upon the true Faith cf a Chrijlian, (hall be omitted in adminiftcring the fame ; and the taking the faid Oaths, without thofe Words, as the Jews were permitted to take the Oath of Abjuration by the Aft of 10 Geo, I. (hall be deemed a fufficient taking according to this Aft. A Certificate, under the Seal of any of the faid Colonies, of any Perfon 's having conformed in the feveral Particulprs required by this Aft, (hall be deemed a futiicient Teftimony thereof, and of his being a natural-born Subjeft of Great-Britain, to all Intents and Purpofes, in every Court within the King's Dominions. The Secretary of every refpeftive Colony (liall fend over to the CommifTioners P. «/f. of Trade at London, at the End of every Year, to be computed from the ift of June, 1740, exaft Lifts of the Names of all Perfons who have that Year entitled theml'elves to the Benefit of this Aft, under Penalty of 50/. for every Negleft ; all which Lifts (hali be entered in a Book, by the laid Commiflioners, to be kept at the Office for publick View. Foreign Proteftants who have ferved in the Royal American Regiment, or as ^Gfo. m. Engineers in America for two Years, and ftiall take the Oaths, ^c. appointed ^' '*• ''• •' by I Geo. I. C. 13. and (liall produce Certificates of their having received the 5 E Sacrament r-, § Lit w 38a OF A L I E N S, ds'f. P. 937. P. ,38. Sacrament in fomc Proteftant Church, within lix Months of the Time of tlicir taking the Oaths, &c. fliall be deemed natural-born Subjedts. Provided that no fuch naturalized Perfon fliall be of the Privy Council, or a Member of either Houfe of Parliament, or capable of enjoying any I'I.ko of Truft in Greai-Britain or Inland, civil or military, or of taking any Cir.iiit from the Crown to himfelf, or any in Truft for him, of any Lands, (£c. in Great-Britain or Ireland. !■. ^y^ '(,^ After reciting the before-mentioned Aft, it adds, and as many of the People of the Congregation called the Moravian Brethren, and other foreign Pioteilim-, not fakers, who fcruple the taking of an Oath, are fettled in his Majcll)'j Colonies in America^ and demean themfelves there as a fubtr, quiet, and iiuliii'- trious People, and many others of the like Perfuafion, are delirous to tranfpoit themfelves thither; and if the Benefit of the faid Adt of 13 Geo. II. were c.\. tended to them, they who are now there, would thereby be encouraged to con- tinue their Relidence, and others would refort thither in greater Numbers; whereby the faid Colonies would be improved, their Strength increafed, and their Trade extended ; // is therefore enaiied, that from and alter the ajih of December, 1747, all foreign Proteilants, who confcientioully fcruple the taking of an Oath, ;uid who are born of the Liegance of his Majedy, who have or fliall relide for feven Years in any of his Majcfty's Colonies in A>i:rica, and fliall not have been abfent out of fome of tiiem longer than two Months at anyone Time during the faid Term, and fliall qualify themfelves, as by the recited Adt of I }y. and M. and 8 Geo. I. is direded, before the Chief or other Judge of the Colony, wherein they refpeftively have or Ihall fo relide, fliall be deemed to be his Majcfty's natural born Subjefts, to all Intents and Purpofes, as if they had been born within thi* Kingdom ; which faid Affirmation and Subfcriptiou of tlie faid Declarat'ons, the faid Chief, or > her Judge, is to adminifter and take, and the fame fliall be done in every refped, as in the faid recited Adi of 13 Geo. II. is fet forth and directed, and Lifts fliall be tranfmitted, ^c. No Perfon fliall be naturalized by Virtue of this Adl, unlefs he iliall have received the Sacrament, Gff . The Provifions contained in the Aft of 13 Geo. II. ^c^ fliall extend to fo- reign Proteftants, who confcientioufly fcruple the taking of an Oath, and who fliall be qualified as aforefaid. The faid foreign Proteftants fliall enjoy the Privileges of natural-borrv Subjeds, and all tjic Benefits of this Aft, and the faid Aft of 13 Geo. II. No Perfon who fliall become a natural oorn Subjcft of tliis Kingdom by Virtue of this Aft, fliall be of the Privy Council, (sSc. Nothing in this Aft, or in the recited Aft of 13 Geo. II. fliall extend to naturalize any Perfon who by Virtue of an Aft of 4 Geo. II. intituled an AcU') explain a ClauJ'e in 7 Anna, &c. is declared not to be intitled to the Benefit of the faid Adt of 7 Annoe, but all fuch Perfons fhall remain in the fame State and Condition to all Intents and Purpofes, as they would have been in, if tlie lad recited Adt o.*" 13 Geo. II. or this Aft had nevei been made. According ,0 Law, no one can be naturahzed but by Aft of Parliament, and that cures the Dcfeft as if they had been born in England; and Afts of this Nature may be fo penned, as to cure Defcfts in the Father or Anceftor, as well as in the Parties themfelves, which it will not do except exprefs Words to tliat Purpofe are inferted. /lyciFol. »2+ Children born of Parents, Subjefts within any of the Places or Guards pf- cl^'ve"' ^^^^^ by the King's Army when in an Hoftile Manner he forcibly enters the Ramfij. ' Territories of another Prince or State, fliall be deemed natural-born Subjedls, and ftand in no Need of Naturalization. Lord Vaughttn It has bcen conceived, that a Foreigner, being naturalized in Ireland, may Fol. 301. clothe him with the Title of a natural-born Subjeft of that Country, but not qualify him as one of this. Denization is the er franchifing an Alien: making him a Subjeft by the King's Letters patent, and he is called Donaijbn, becaule his Legitimation pro- ceeds ex Donatione Regis, from tlie King's Ciilt. Such a one is enabled in many Refpefts to do as the King's native Subjedts do, to purchufe and policfs Lands, cnjov I In(l. 129. Bia^. Lib, 6 'Iratl. 5. C. »i. X Jnll. 74i> OF BANKS AND BANKERS. eniov nny Office or Dignity ; and when he is thus enfranchifed, he is faid to be under the King's Protedion, or eje ad Fidm Regis AiigluT, before which Time he can poilels nothing legally, in England. But notwithftanding this, it is of Naturalization ; for a Stranger naturalized may inherit Land by Defcent, which a Di-nizen cannot ; and in the Charter, whereby a Perfon is made a Denizen, there is commonly contained forne Claufe that exprefsly abridges him of that full Benefit which natural Subjefts enjoy. When the King makes a Denizen by Letters Patent, he may purchafe Lands, and his Iflue, born afterwards, may inherit them ; but thofe he had before fliall not : And though a Denizen is enabled to purchafe, he cannot inherit the Lands of liis Anceftors, but as a Purchafer he may enjoy them j and he may take Lands by Devife. Jliens made Denizens are incapable of Offices in the Government, to be Mem- bers of Parliament, (3c. It is fo high a Prerogative to make Aliens Denizens, that the King cannot grant his Power over to any other. Of Banks and Bankers. A BANK is a public Office for keeping and circulating Money, to be em- ployed in Exchanges, Difcounts, Government-Loans, Csff. or to be other- wife dilpofed of for the Profit of the Proprietors. In other Words, a Bank may be denominated a common Repofitory, where many PerfonS agree to keep their Cafh, to be always ready at their Call, or fubjed: to their Diredlions. The Word Ban!: is derived from the Italian, Banca or Banco, as thofe of that Nation ufed formerly to exercife the Fundion of Exchangers, or Bankers, in all the Publick Places, or Bourfes of their trading Cities, feated on Forms with Benches to ^ount their Ca(h, write their Letters and draw their Bills of Ex- change on ; and fomc Authors add, tliat 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 P'ace, and from this Occurrence they pretend the Word Bankrupt, in French Banqueroute, is derived. And from which Circumftance, we may fee that this Bufinefs was originally confined to private Perfons j but the Advantages arifing from it to Commerce being very diftufive and general, feveral States thought proper to incorporate foine of the moft confiderable of their Subjefts for the Purpofes of carrying it on with a greater Security to the concerned ; whilft other Potentates retain the Protedion and Management in their own Hands. Before we proceed to an Illuftration of the Conftitutions of the moft repu- tiblc Banks now exifting, in moft of the capital Cities of Europe, which will be done according to the Order of Time in which they were inftituted -, it will be neceflary juft to mention the different Kinds of Banks, as they differ widely from each other in their Principles and Pradice. Some are inftituted wholly on the publick Account, and put under the Di- rcdion of the Magiftrates, who are obliged to take fuch Care of the Manage- ment, that tlie Moiiffy or Bullion depofited therein, fhall always be kept for the Die of the Pro) »i«. tors, and (hall never be let out for Profit or Advantage; of this Kind is tb- famous Bank oi Amjierdam, which is adminiftered with fo great a Stridnefs and Fidelity, that it is foid, a Magiftratc, who was one oi' the Di- redors of it, was fcntenccd to Death, for making Ufc of a Sum of Money but for one Day, though he paid it in the next. Wherefore, from an Opinion the Proprietors entertain of the Equitj' of its Adminiftration, they judge them- felves fo fecure that their Money lies always ready to anfvver their Demands, that they feldom draw out large Sums, but make their mutual Payments by transferring tiie Sums from one Man's Account to another's ; and from this great Eafc and Convenience it is come to pafs, that Payments made by Affignments on this Bank are valued at from 3 to 5 and 6 per Cent, above the Payment of 6 Money, S8l I II Inft. Ke, Rep. . 67- 52- 12 c 11 ir. . c. Rep. ooa'i 111. 1 Oft 4- . Inft. *1 . If! i!| JJ ^^ OF BANKS AND BANKERS. Money, which Difference between the Bank and current Money is called the uigio. A fecond Sort of Banks is fuch as confiA of a Company of monied Men, who being duly cftablilhed and incorporated by the Laws of their Country, agree to dcpofit a confiderable Fund or joint Stock, lo be employed for the Profit and Advantage of the whole Society, in all thofc Ways which arc compatible with the Nature of fuch an Undertaking j as borrowing upon their own Credit ; and lending Money upon good Securities ; buying and felling Bullion, Gold and Silver, and foreign Specie; difcounting of Bills of Exchange, or other fecurc Debts ; receiving and paying the Cafli of other Perfons ; and of this Kind is the Bank of Englana. A third Sort is the Banks of private Men, of which we fliall treat diflindlly in a feparate Chapter. As to the firfl Kind, it is certain, that nothing can be fo infallibly fafc, as where the Value is kept always ready in Specie ; and here alfo the Eafc and Security of Traders arc effedhially provided for, in the Receipts and Payments of their Money { but yet this Kind of Bank is fo much the lefs ufeful to the Pub- lick, as it can neither be helpful to Government on Emergencies, nor to Tra- ders, in accommodating them with Money. The Security of the fecond Kind conlifts in the certain Knowledge of its Fund or Stock, the Solidity of its InfVitution, and the incorruptible Fidelity of its Management; wherein it is always the Intcreft of the concerned to give the Pablick the utmoft Satisfadlion : And in this Refpedl the Bank of England mufl be fecure beyond all Apprehenfion to the contrary, as well on Account of the great Sums they have lent to Government, upon the Faith of the Britijh Parliament, which is fuflicient always to keep them above all Sufpicion of Fail- ure, as from the known fkilful and profitable Management of thofe who have been fucceffively concerned in the Direction. Betides, as an incorporated Body, they are not, like private Men, fubjedl to Death. And as this Kind of Bank has all the Conveniences of the former, it has alfo this beyond it, that its Ca- pacity of lending Money is an invaluable Accommodation to tlie Community, fine; it will always have a Tendency to keeping the Interefl of Money Low.and be an effedual and permanent Check to U/ury, which is the greateA Bane to Trade and Navigation. ' i>i . 0/ tie Bank of Ceuoa. TH E moft confiderable corporate Body in the Republick of Gt'ftoa, is that which is called St. George's Bank, the moft ancient Eftablifhmcnt of the Kind in Europe, though the Date of its Inftitution is not certainly known : But we may be affured it is of much greater Antiquity than that of Venice, the Republick of Genoa being founded A. D. 950. The Fund was conftitutcd from fuch Branches of the publick Revenue as were fet apart by the Government, and fuch Sums as fhould be borrowed during the Exigencies of the Commonwealth j which Fund hath never been violated, under the greateft Troubles and Perplexities of the State. The Admin i (Ira tion of this Bank being for Life, and partly in the Hands of the Citizens, gives this Body a great Authority in the State, and a powerful Influence over the People. This Bank is generally confidered as a great Lo.id to the State, and as a Kind of Inferior Senate, which breaks tlie Uniformity of their Ariftocratic Government. The People however, receive no fmall Advantage from it, both as it is a Check to their Ariftocracy, ^nd diftributes th, Power among more private Members of the Republick j and while the State kept itfelf clear of the Quarrels of the great belligerent Powers of Europe, this Bank maintained a Circulation for the Support of publick Credit and Commerce j but having unhappily taken Part in their Wars in the lafl an*! the prefent Century, they exhaufted their publick Treafure, their Commerce declined, and with it their publick Credit, and the Reputation of St. Georges Bank, which will never recover its original Importance. 'ir^' OF BANKS AND BANKERS. Z^i ■' 0/ tie Bank of VEUict. '■ THIS is commonly called Banco delGero, on Account of the continual Ro- tation of its Cafh, and is properly a Receptacle, or Office, for publick Dcpolits, or a general and perpetual Cafh currency for all Merchants and Traders. It was eftablifhed by a folemn Edidl of the Republick, which ordains, that all Payments, as well of large Purchafes, as Bills of Exchange, fhall be only made in Bank ; and that all Debtors and Creditors fliall be obliged to pay and receive their Money there, which is cffeded by a fingle Transfer from the Ac- counts of the one to that of the other j fo that the Credit and Debit only change Names, without any real or effective Money being paid. However, Payments are fometimes made in CaHi, particularly for the Retail Bulinri J or when Strangers infid on Ready Money, or fome Perfons are better pleafed to have their Funds in their own keeping ; and the Ncceflity of fome- times making thefe efFeftive Payments, was the Occafion of opening a Ready- Money Office, for thofe who required it j and it has been experiened, that this Current Cafh has not caufed any fenfible Diminution in the Funds of the Bank ; but, on the Contrary, the Liberty of withdrawing the Money at the Pro- prietor's Pleafure, has rather increafed thanleffened them. By this Means the Republick, without reftraining the Liberty of Trade, anu without paying any Intereft, makes hej.'. fore, cods thirtv-two Stivers, which is paid for down, and nuirt he renew ,1 at the End of a Year and fix Weeks j and if it Ihouid hMp|)cn, tliat a Man iso!>. liged to make a pretty long Voyage, and has given an authenticated I'roLur.itiuii to his Wife, or lome other I'erlbn, to make all Sorts of Payments without liaving left a proportional Number cf liank Notes, figntd in Hlank, to the ^min he imagines he may have tn pay during his N'oyage, if tlic I'eilun to wlioiu Iv has giv»n the laid I'owcr, figns the Hank Notes, witliout having the Letter m' Attorney regiftered there, none of thctn will oaf. ; and in thi.^ Cafe, the I'cr- fon ti) auiliorized muft carry and leave an autiK'utitk C'()[iy of hi.; I'owcr at tiw liank, and that he figns all the Notes with his Name, luUin^, by Procui-aiiun oi J'uib ti one ; and the noting the faid Power cofls fifty Stivers, which is [uij out of Hand. The Time of writing in Bank, is from fevcn or eight in the Morning to eleven, but after eleven to three, every Note carried in, will ccfl iix Stivers, and alu;- tiirte, none arc admitted. When a Man who has an Account with tlie Bunk is ill, and una!>le to lira his Draughts, or to go there to lign a Power, the Perfon who tianfwh In, Affairs ought to inform the Hank of liis Diforder, and Incap.icity to attend tiKr:, for either of thcfe Purpoles, though he is deiirous of paying what he nve^ ; i.i which Cafe, a Declaration drawn out |by a Notary, and ligned by the I'hylici.m, and one or two of his neareft Neighbours or Relations, Ihouid be carried to tii' Bank, which on Receipt of it, fends a Servant to fee in what Condition the fak Perfon is, and if he fiiuls him really as is declarcil, his Agont is authorifed to lV"i the Draught, in the lame Manner as if he had llgned the Letter of Attorney .i! the Bank ; but if th^ Infirm is in a Condition to lign, he that is impowcreJ mr* rcqucft the Book-keepers to draw out a Procuration for tliat Purpofe, and:,) fend it with him to befigned, which they do, accompanied by a Servant of the Bank, who carries the Book of Procurations with him to the lick Man, wlw figns that drawn out for him in the Book, in the Prefence of the Bear>.T, and from the Time that a Power is thus executed, he that it is made to, may li^ii and carry the Notes to the Bank, although he has not yet got the Extrad ot the Power, which oftentimes -s not delivered in eight or ten Days ; but \v!k:i once the Bank has delivered it, he is obliged always to Ihew it when he carnn the Draught there, or demands a Balance ; if the fick Man dies after executing the Power, and before 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 is of no Effed. When any one who has an Account in the Bank is de.id, after having made a Will, his Heirs, or the (iuardians he has appointed, mull carry to the Ba;ik an authenticated Copy of the faid Will, paying fifty Stivers down for noting it; at the fame Time they deiire to know the Balance of the Dcceafed's Accounts, to fee whether that of his Books correfponds with the Bank, and they may have the Balance tranfported to a frelh Account, cither in the Name of the Widoiv, Heirs, their Guardians, or the Executors, without its cofting them tiic ten Guilders, which is always paid for opening a new one. But if one who keeps Cadi at the Bank dies inteAatc, thofe who pretend to be his Heirs, or meddle with the Succellion, muft firft be authorized by the E roper Judges, and bring a Copy of the Sentence to the Bank, before they will e permitted to difpofe of the Dcceafed's Balance. The Agio has been always fludtuatiiig, ever fince the Bank's Eftablilhment, though not in fo great a Deg.ec of late Years as formerly; in the Year 1693, it was up to twelve and thirteen per Cent, on Account of the bad Schillings ot fix Stivers which were reduced to five and a half; and at the Beginning of the Month of jiipril, in that Year, after the Diminution, it returned to two and a half, and as high as fix 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 fincc then it has got up again, and commonly paffes now from four to five per Cent. ••\ '■ During OF BANKS AND BANKERS. During the Hcighth of the War between Franc f am! thr Umted Prmiinrfi, in the Year 1672, many who had Ca(li in the Bank were eager to withdraw it, believing that if the Frencb King, already Martcr of Utrecht, (hould become (o of yim/Un/tim, they would lofc it all ; and this Money wr.s refilled to none : Hut fome impatient ones, imagining that the i-'unds would not be fuHicicnt to pay fuch a great Number of Creiiitors, found People who falved or cured this imaginary III, by Jgiving them ready Money for four or five t>iT Cent. Lofs, which occa- fioncd the H.iik Money to become on a Par witii the current, and even under 1 but Affairs were afterwards fettled in the Manner as at preleiit. 1 have alreaily mentioned that the Bank's receiving none but the fineft Coin, and thcfc at about five per Cent, under their current Value, is the Occalion of tlicy-Zi;/*, or more properly the /4gio itfelf; and as this Dirterencc is readily to be found by /Vrt<*//r(', or the i:ommon Rule of Three, I judge my enlargini; thereon would only be fupcrfluous. Of the Bank of Rot t e r d a m. T\\ I S Bank is not fo confiderable as that of /IniJhrJdm, of which we have btcn fpeaking, though the Difference in its Clovernment is very little. It was eiliblidicd thci 8th of April, 1635, and keeps Accounts with thofe Merchants who chufc it, both in Bank and current Money j the firfl to pay all foreign Bills, which are in Hank Money, and the fecond for the Diichargc of Negociations made at Rottcrdiim on foreign Parts, which arc always in current Money. The Hank daily regulates the Agio on its Cafli, which is conftantly fixed to a Pillar of the Hourfe, that every one may know it ; and as the reft of its Regula- tions are fimilar to the lall Bank treated of, I Ihall not detain the Reader longer upon this. Of the Bank of Hamburgh. ALTHOUCiH the Funds of this Bank arc not near fo confiderable as tho/c of that of Amjlerdam, the Integrity and Exaftnefs with which every thing is managed has given it a great Reputation over all Europe, and more particularly in the North. The Citizens and Corporation are the Sureties for this Bank, in which the Senate has no Infpedion ; and the Diredlors, being four in Number, are chofe by Plurality of Votes from !>mong the principal of the Freemen. Tiieir Duty is to fee that the Regulations be pundtually obferved, and to fumirti the Cafli;*!rs with Money when any Payments are to be made, which however is done without touching the Trcafure, the Diredors taking Care to provide it from other Funds. In regard to the Capital of this Treafure, it is fuppofed to be very confi- derable i but as the Book-keepers take an Oath not to difclofe the Entries and Extradts of the Bank, nor what each Particular depofits, it is very difficult to conclude any thing with Certainty ; and this Obligation to Secrecy hinders a Cre- ditor from knowing what any one has in the Bank, fo that no Seizure can be made there. The Book-keepers, who, like the Direftors, arc four in Number, are obli- gated to give the Comptrollers two Balances weekly j and none but Citizens are permitted to have an Account in the Bank, and from fuch only it will receive any Cafh by way of Depolit, without any Intereft -, and it is by thcfe Notes on the Bank that they have the Conveniency of paying their Bills of Exchange, and for the Purchafe of many Sorts of Merchandize, by only making a Transfer of their Value. Nothing lefs than an hundred Mark Lubs can be wrote into Bank, and two Schillings are paid for every Sum not exceeding three hundred Marks ; but what- ever is above this may be wrote in gratis. There are certain Hours in the Day appointed for writing into Bank, viz. from Seven to Ten in the Morning j 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 39» ) . THE BANK OF ENGLAND. two Schillings for each Sum ; and it is ailfo in the fame Morning Hours tli.u ,\ Perfon may inforni himfcif, whether the Sums due to him have been entered, which he may alio do from Ten to C)ne, 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 the Bank at any Hour they pleafe from Seven to One, which is commonly from twenty to forty Mark Lubs, according to the Extent of the Merchant's Bufinefs, and the Ciuantity of Aftairs he has to tranfaft. Wlien any one has a Mind to open an Account with the Bank, he muft mw fifty Rixdollars of three Marks, or forty-eight Schillings Lubs. The Bank is fliut every Year from the laft oi Decemlier to the fifteenth of "fcfiiiary following, ajid the Species that are commonly received in it arc Rix- dollars, with their Parts of Halves, Quarters, and Eights, which arc generally vvinth an Eij^htli, often a (garter, and even fometimes a Half /icr Cc/;/. more than the Money wliich is wrote by Notes into Bank; tbat is, if there is a Want of Rixdollars in Specie, an Eigh'.n, Quarter, and as far as a Half, muft be wrote into Bank more than the Mou'y received ; but on the contrary, if one has Calh in Specie to put in, the Bank only makes good an Eighth, and fometimes a Quarter per Cent. Benefit. Tlie Bank-Buokb and Writings are kept in Marks, Schillings, and Deniers Lubs ; ar.d it is to be obferved, that the Fradtious are never wrote under one Schilling or fix Dcniers. Thofc who have Effects in Jewels, precious Stones, Silver, ^c. and wr.nt to rail'e Money on them, may carry tl\em to the Bank, where they are e.xadly inventoried, a Loan is advanced at a ver) moderate Intereft, and they remain dcpo- fited as a Security for the Payment of Principal and Interefl; in i\x Months, which, if not complied with, the I'hings are fold at the Bar of the Bank to the higheli Bidder, after having advertifed the Day of their Sale and Delivery. i i 'A "4 ii4 C .ln.1 f^ mil. C. 20. b. 17. S. 18. 5. 19. Cf /^i-c- B A N K c/ E N G L A N D. WHEN we confider the vafl Extent, great Variety, and national Importance of the Bufinefs of the Bank cf England; the Solidity, Permanencv, and Univcrfality of its domellic and foreign Credit ; the known Magnitude of its Capital ; the reputed Stores of Wealth in Gold and Silver Specie, and Bullion, depofited within its Walls; and the difcrect Adminiftration of the Whole; we may boldly affirm, that no Bank of any other Nation in the known World, can be placed in Competition with this noble Inftitution. It was originally founded on a Charter granted by William III. of glorious and immortal Memory; was ingrafted into the reftorcd Conftitution of our Country hy an Ad of Parliament, pafied in the 5th Year of the Reign of that illullrious Monarch and his good Queen Mary, ;uid improved and extended by divers fubfequent Adts of the Legillature. The Subftance of which Adls, in order that all the Powers, Rights, and Privileges veiled in the Corporate Body, and all the Bufinefs tranfaded by, or to be tranfadted with the Company, may be clearly underftood — is given corredtly in this, and the following Pages. Every Year, beginning from the iiiof jfunc, 1694, the Sum of 140,000/. out of Monies to arife by Duties of Tonnage, jince expired, and by an Excife on Beer, &c. hereby granted, being a Moiety of the Rates granted by 2 Will, and M^'jy, ^t. 2. Cap. 10. (hall be a yearly l''und for the Annuities in the Adt mentioned, and for the Purpofes hereafter cxprcfi'ed, ?nd any Deficienccs to be fupplicd out of the unappropriated Revenues. For raifing 1 ,200,000/. Part of 1 ,500,000/. granted hy the A61, the j'early Sum of 140,000/. fhall be kept apart in the Receipt of Exchequer, and paid as in the Adl is diredted. Their Majeflies, by Commillion under the Great Seal, may appoint Perfons to take Subfcriptions on or before the firft Day of ^ugujf, 1694, by any Perfons, Natives or Foreigners, d^c. for raifing and paying into the Receipt of the Exche- quer 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/. fliall be applied to the Ufe 5 '^ ' ,1 tHE BANK OF ENGLAND. of fuch Pedbns, as (hall make fuch Subfcriptions and Payments in the Propor- tion hereafter mentioned, viz. each weekly Payment (hall, by the Auditor of the Receipt, be divided into five-fcventh Parts, and two-feventh Parts, which five-feventh Parts are appropriated towards the Payment of the faid yearly Sum of 100,000/. and (hail be paid to the Contributors, railing the Sum of 1,200,000/. Their Majefties, by Letters Patent, may appoint in what Manner the faid Sum b. i*. of 1,200,000/. and the faid yearly Sum of 100,000/. or any Part thereof, may be transferred to fuch Perlbns as (hall accept of the fame, and incorporate fuch Subfcribers, to be one IJody Corporate, by the Name of The Governor and Corn- pony of the Bank of England, and they (liall be capable to purchafe and retain Lands, ^c. The CommilTioners of the Treafury, &c. are required, without further War- s. 21, rant, to diredt their Warrants yearly, for the Payment of the faid 100,000/. to the Contributors of the faid 1,200,000/. and the Auditor of Receipt of the Exche- quer, and all other Officers of the Exchequer, are enjoined to ifl'ue the faid Monies without Fee, and under the Penalties infliftcd upon any Officer for diverting any Money appropriated by this Act. The Corporation fo to be made, (hall not borrow, under their ConM ion Seal, 8. 26. any further Sum than 1,200,000/. fo that they fliall not, at any one Time, owe more, unlets by Aft of Parliament, upon Funds agreed in Parliament ; and if any more (hall be borrowed under the Common Seal, every Member of the faid Corporation (hall, in their private Capacities, be liable in Proportion to their feveral Shares to the Repayment of (uch Monies; with Interefl ; and in fuch Cbte, an Adlion of Debt may be maintained in any of the Courts of Record at Wejlminfier, by the Creditors, to whom any fuch Security, under the Common Seal df the Corporation, (hall be made, againft all, or any of the Members of tlie Corporation, in Proportion to their Shares, wherein Judgement may be recovered, as if Security were given in their private Capacities, any Agreement to the con- trary notwithftanding. The Corporation (hall not trade, or fuffer any Perfon in Truft for them to S, 27. trade, with any of the Efle<3s of the Corporation, in the buying or felling of any Merchandise or Goods ; and every Perfon fo trading, or by whofe Order fuch Trading fli.ill be made, (hall forfeit treble the Value of the Goods and Merchan- dize traded for, to fuch Perfon as will fue for the fame in the Courts of Record at Wejtminjier. 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 redeemed within three Mortths after the Time, or fuch Gooas as (hall be the Produce of Lands purchafed by the Corporation. All Bills obligatory and upon Credit, under the Seal of the Corporation, may, by Endorfemenl thereon under tlie Hands of the Proprietors, be alfigned, and the Affignee mav fue in his own Name. If the Governor, or other Members of the Corporation to be eftabliflied, (hall, upon Account of the Corporation, purchafe any Lands or Revenues belonging to the Crown, or lend to their Majefties, their Heirs, or SuccefTors, any Money by way of Anticipation on any Part of the Revenue, other than fuch Part only on which a Credit of Loan (hall be granted by Parliament, then the faid Governor or Members fo confenting to lend, being thereof lawfully convidled, (hall forfrit treble the Value of fuch Sum fo lent, whereof one fifth Part (liall be to the Informer, to be recovered in any Court of R ccord at Wejlminjier, and the Rcfidue to be difpofed of by Parliament. Amerciaments, Fines, and I(ruci againft the faid Cdrp6ration, upoh Account s. 31. of any Suits to be brought -againft them, fliall not be pardoned 5 and if fuch be eftreated into the Exchequer, the Officers of tlie Exchequer, who are to pay the yearly Sum of a hundred thoufand Pounds, may, out of that, detain fo much as the iaid Amerciaments. Fines, or KTues amount unto. If any Perfon (hall obtain a Judgement againft the Corporatior., and (hall bi-hig s. 32. Execution thereupon unto the Officers of the Exchequer, then' the faid Officers are required to pay the Sum in the Execution mentioned to the Plaintifts, or their 5 H Alfignsi 293 S 28. 5. 20. S. 30. '«': 'i L i li ^ ' I I. ■ill (N ».'! I n. 'Hll •«! .^ 1. I I I f M ]\4 riil uiliiii li ■'ii'! ' «'■'! l'^ i^ I'' 394 S nnd'q h'l/!. 111. Clip. JO, S. 21. S. .'3. S. 24. S. 26. S. 23. S. 29. S.JO. 32. 33' S, J4. ■ T H E B A N K O r L N G L A N D. Afl'igns ; and the CM OlTicers may detain Co much of the yearly Sum of a liunilrd thouland Pounds as the Debt lliali amount unto. Any Member of the Iloufe of Commons may be a Member of this Corpora- tion, notwitliflanding St.u. 5 and 6 /f/7/. and ALir. Cap. 7. The prtfcnt Stock of the B.ink of England Ihall be enlarged by new Sub- Icriptions. Before fuch Enlargement, the Stock fliall be computed by feven of the pre- fcnt Members, and feven of tlie new Subfcribers; and if the clear Stock amount not to or.c Million two Iiundred thoufand Founds, the old Members to make it up in Tallies, Orders, Bank-Bills, or Notes; but if it exceed one Million two hundred thoufand Pounds, then the Surplus to be divided among the old Members. Seven Commiirioncrs, appointed by his Majefty for that Purpofe, fliall take fuch new Subfcriptions before the 24th of yunc, 1697. Four-fifths of each Subfcription Ihall be, at the Time of fubfcribing, anAvctd by Tallies and Orders, u}X)n tiic full, third, or fourth Aid of four Shillings per Pound, the quarterly Poll, Three-fourths of the Cuftoms, the Salt Ad, Two- thirds of the additional Ivvcife, tlie additional Impolition, the Stamp Aft, the Three hundred thoufand Pcnnids per A}:n. on Tonnage and Poundage, the Dutiis on Marriages, Births, Burials, cif. on Wines, Vinegar, and Tobacco, Cr. and Joint Stocks, ^c. on Low Wines, ^c. on the Si.\ thoufand Pounds per Week out of the Excife, or the Five hundred Pounds />t7- Week out of tlie Poll-Oilicc; and tlie other fifth Part in Bank-Bills or Note:;. After the 24th oC June, 1697, Intereft of eight per Cent, per Ann. fliall be allowed for the Tallies and Orders fo fubfcribed, out of die Funds granted by this A&, viz. the Tonnage and Poundage -, the Duties on Wine and Vinegar, greinid ly Stat. I Jac. II. Cap. 3. the Duties on 'Tobacco and Sugar, by i Jac. II. Cap. 4. the additional Imp'Jitions on Goods and Merchandizes, by 2 Will, and Mar. Stat. 2. Cap. 4. and 4 and 5 Will, and Mar. Cap. 5. the Stamp yltl, 5 and 6 Will, aid Mar. C.ip. 21. avd the Duly on Houfes, by 7 and i Will. Cap. 18. The Intercll payable to the Bank upon fo many Tallies or Orders as the Rank is already polfeflcd of, whereof the Principal ihall be equal to the faid fiftii Part fubfcribed in Bank-Bills or Notes, fliall be likewife augmented to eight per Cent. _ . r . ,', The new Subfcribers fliall, after tlie faid 24th of "June, be Members of, and united to, the Bank of England. During the Continuance of this Bank, no other Bank, or Fcllovvfliip in Nature of a Bank, flial! be ereded, or permitted by Ad of Parliament. The Intercfl due oii Tallies and Orders, fubfcribed into the Bank, Ihall be accepted a:; fo mucii princljial Money. 'I'he Dank jnay borrow by Bills, over and above the one Million two hundred thoufand Pounds, to which they w ere at firfl limited, any Sum not exceeding tlie Sum fubfcribed, under an Obligation of paying the laid Bills in Money upon Demand jj- and in Default thereof, on Demand made at the Bank between nine and twelve in the t^orcnoon, and the Default proved byAriidavit in Writing before one of the Barons of the Exchequer, the liiid Bills to be paid at the Excliequer, out of the firil Money due unto the Bank, other than l;he Fund of a hundred thoufand Pounds per At.num ; but thef'e Bills fhall be dirtinguifhed from the Debts contained within tiie laid one Million two hundred thoufand Pounds, and exprefliJ to be made by Virtue of this Adb. . |. The Capital Stock and I'und of the faid Bank flwll be exempt from Taxes. After completing the laid Subfcriptions, tlie Intercll of all Tallies and Orders fublciibcd, together vvjch the laid hundred thoijifarid Pounds^ ^fr y/««. (hall be applied lo the life of the Members of tlie Bank, proportionably to each Member's Snare therein. The Sto«,k of the Bank fliall be accounted a. perfonal, and not a real Eftatc, and fhall go to Executors, and not to Heirs. No Contrad Qr Agreement, either by Vy^ord o; in Writing, for buying or iclling^of Bank, vtpck, ihall bt good in Law or Equity, unci's it be rcgiflercd ia jcy?!i TO'^intwnieJ'J "M»v« (,'aj»«*ii:fr» i«,'.; : THE BANK OF ENGLAND. i9S tlie Books of the Bunk within Ccven Days, and the Stock be transferred within fourteen Days. No Adt of the Bank flnll forfeit the Stock thereof, but the fume fliall be 8 snd 9 truf. fubjeft to their Debts. ^ s'.'^;?''' "" it fliall be Felony without Benefit of the Clergy, to forge or counterfeit the s. ^g, common Seal of the Bank, or any fealcd Bank Bill, or any Bank Note, or to alter cr erafc any fuch Bills or Notes. The Oliicers of the Exchequc; rtiall keep Account of all Monies appropriated S. j;- to the Bank, cither upon the Fund of a hundred thoufand Pounds pi-r Ann. or any other Parliamentary Funds, or for Tallies belonging to the Bank ; and (hall duly diretS, record, and make Payment thereof, under the Penalty of Lofs of Place, Incapacity, and double Damages. The Monies arifing by the Continuation of the Subfidy of Tonnage and S. jJ. Poundage, Cf. of Wines, \'inegar, and Tobacco, ^c. by the udJitional Impo- iitions on Goods and Merchandizes ; by ftamped Vellum, He. by Marriages, (Jc. a!id by the Duties on Houfes, from the Times that the faid Duties are fevc-ally continued as aforefaid, till the firtt. of Auguji, 1706; and by the Surplus of the Duties on Wine, Vinegar, and Tobacco, cfc. over and above the one Million five hundred thoufand I'ounds Credit given thereupon, and the Intercft thereof arifmg by the Adt 7 and 8 IFi//. HI. Cap. 10. continued till the 29th oi Septem- ber, 1701 ; and alfo on Houfes, after the Repayment of feven thoufand thre: hundred and eighty-two Pounds, eleven Shillings, and four Pence, borrowed thereon, by 7 and 8 Will. Cap. 18. and the Intcreil thereof; and of all the Bills figned at the Mints for the Six-pence per Ounce upon Plate, brought in betweeri the4thofMry, 1696, and the 4th of A'arfW-it-r, 1696, granted for feven Years, from the z^tKoi March, 1696; and upon Salt, (3c. after the Repayment of one Million feven hundred and twenty-four thoufand Pounds, borrowed thereon, and the Interefl: thereof, ariling by the Adl 7 and 8 IVill. III. Cap. 31. fhall be the general Fund for making good the particular Funds in this Adt cxprefTed, and fliall be applied accordingly. The Monies arifing by the (liid general Fund, after the 28th oi June, 1698, as S. +1. well by the faid Duties on Houfes, and additional Impofitions, as for the faid Duties on Vellum, &c. continued from the 28th of j'^w^c-, 1698, to the firft of Angujl, 1706, and for Tonnage and Poundage, G'c. continued from the 25th of December, 1699, to the jft oi Jluguji, 1706, and for Marriages, 'Sfc. and for Wines, Vineg.u, Tobacco, Gff. continued from the 28th of 5<'/)/t7//^v, 1701, to the liio^ Augu/l, 1706, and by the faid Surplus on Wines, Vinegar, and Tobacco, (Sc. and on Salt, GV. lliall be applied towards Principal and Intereit of the faid firli, third, and fourth Aids of four Shillings per Pound j the quarterly Poll ; the Three-fourths of the Cuftoms ; the Duties on Salt, i^c. the Two-thirds of the additional Excife; the additional Impofitions; the Duties on Vellum, &c. on Marriages, Qc. on Wines, V^inegar, and Tobacco, &c. and the three hundred thoufand Pounds per Ann. out of Tonnage and Poundage, in Proportion to the rdpcdtive Deficiencies, as computed in this Afl. And every twenty-eight D,.ys, an Account fhall be made up at the Trcafury of all the Monies brought in, applicable to the faid deficient Funds, which Ihall be applied proportionably, as well to the Bank of England, as other Pcrfons intitled to Principal and Intereft thereon. Out of the faid general Fund the Intereft due to the Bank Ihall be made up s. ^}. eight Pounds per Cent. Where any Revenue is appropriated by Parliament for Repayments in Corrfe, S. 44. the fame fliall be paid accordingly ; but the new Funds in tiiis Adt fliall be applied as hereby prefcribed. In Cafe of Judgement of Forfeiture given againft the Bank, the yearly Pay- S. 45. ments out of the Exchequer, and all the Eftate belonging to the Bank, fliall be vefted for three Years in twenty-four Perlbns, to be chol'en by the Bank, wlio ftiall have Power to receive the Monies due to the Bank, ts if no fuch Judgement : had been given ; and to pay and difchargc the Debts and Contradts, due at the Time of luch Judgement ; after which, the Surplus fliall be divided amongfl the feveral Members ; and then the faid yearly Payments fliall be vefled in the par- ticular I I if t w jii s ^6. S.JI. III. Cap. 3 s. 4. - 1 2 and 1 3 H\ III. Cap. 12. S. 14. j9^ t H E B A N K O F E N G L A N D. iicular Members, in Proportion to a Lift thereof, to be made up by the faij Trultees, atid fliall be aflignable in a Book to be kept by the Auditor of the Receipt. 8 and 9 //"//. The Bank may employ a Clerk to copy th&> Docquets of any Extents, Judgc- f 'P- »o- ments, &l\ in any of theOfficcs of Record at IVeJlminJler, paying as for a Search only. S. 47. No Mehibcr of the Bank fliall be adjudged a Bankrupt, by Rcafon of his Stock in the Bank, nor fliall the Stock be fubjedl to foreign Attachment, s. 48. The Monies received out of the Exchequer for the Bank, ihalU be divided cmong the Members proportionably, for their particular Ufe. S. 49. The Debts of the Bank fliall never exceed their capital Stock, under Penalty of fubjcfting tlic feveral Members, fo far as their Dividends received will extend, to fatisfy the Debts to any Perfon, who may recover the fame with treble Cofts. 8. {0. If the Taid Funds for Intcreft fliall appear infutiicient, they fliall bt made up of fuch Aids, &c. as flvU be granted in tlie then next Seflion of Parliament ; and if upon the firft of Auguji, 1706, or within three Months after, the Produce of the feveral Aids, Gfc. (hall not be fufficient to difchargc the Principal -nd Interdl intended to be difcharged by this AdV, the fame Ihall be fupplied out of fuch Aids, G'f. as fliall be granted the next Seflion of Parliament. In all future Eledions, not above two-thirds of the Dircftors of the preceding Year fliall be cholen. The Bunk cf Englard fliall make Dividends of tlie Monies which fliall be received by them, by Virtue of the Tallies and Orders which have been fubfcribcd into their Stock, purfuant to the above Adt 8 and 9 Will. III. Cap. 20. once in every fix Calendar Months at Icart. 7 be Governor and Company of the Bank ef England, until they fl»ll be repaid all Monies which they fliall lend upon this Aft, for or in Part of 420,000/. being the laji Part of %zo,oool. authorijed to be borroived on the tveckly Payment of 3,700/. cut of certain Branches of Exci/l; which Intereft for fuch 420,000/. after the Rate of feven per Cent, fliall not be obliged to make Dividends of the Mo- iiies to be received by them, by Virtue of any Tallies or Orders fubfcribed into their ?tock, in Purfuance of the above Ai.> 8 and 9 IVill. III. Cap, 20. but at fuch Times only as fliall be ordered by a general Court. Csp. During the Continuance of Ihe Bank o[ England, it fliall not be lawful fb> anjr 9- other Body Corporate, or for other Perfons united in Partnerfliip, exceeding the - Number of iix, in England, to borrow Money on Bills or Notes payable at Demand, or at lefs Time than fix Months. This Claufe is repeated in Stat. 7. Ann. Cap. 7, S. 61. rtWStat. 3. Geo. I. Cap. 8. S. 44. and therefore the faii SeBioiis are omitted in thefaid Aits here folloviing. Recites that by an Adt 5 Will, and Mar. Cap. 20. the Bank of England was eredled, 1,200,000/. was lent to their Majefties, for which there is payable to the Governor and Company, the yearly Sum of 100,000/. out of the Luiies of Excife, redeemable by Parliament ; reciting another Aft made 8 and 9 Will. III. Cap. 20. For making good the DeficitHcies of feveral Funds and for enlarging tbt Capital Stock of the Bank. And another Adt made ^ Ann. Cap. it,, for continvJng Duties on Houfcs, fn Jecure a yearly Fund for circulating Exchequer Bills, roiv expired, reciting alfo, that the Governor and Company did lately admit new C^uuilriptions for doublini^ their Stock of 2,201, 171/. 10/. at the Rate of iij/. to be paid for every looA fubfcribed ; and that Subfcriptions have been made for that Sum ; It is eitaBeJ, that 2,201, ly 1 1. 10s. be added to the Stock of the Bank, which Ljfore fuch Additions, confifted only of the like Sum j fo that the whole cap.cal Stock now (hall amount to 4,402,343/. and the new fubfcribers fliall be incorporated with the prefent Members of the Bank, and be taken to be one Body Politick and Corporate, by the Name of The Governor and Company of the Bank of England. S. a. The faid Capital Stock fliall be aflignable in the fame Manner as the original capital Stock. S. 3. The Baak is to pay into the Exchequer 400,000/. before the 25th of Aupjl 1709. 6 TIm 6 Aim, 22. S. 7 Jum. Cap, 7. 5. I. THE BANK OF ENGLAND. 397 The Bank of En^hiul, tlius enlarged, flull for ever be a Body Corporate, antl 7 "'"'•• Cap. enjoy the yearly Fund of 100,000/. out of the Excife. . 7'-5- The Stock and Funds of the B.ink, and the Intcrcft of every Member therein, S. 6i. firill be exempted from Taxes, and (hall be decniL-d a perfonal Eftate, and (hall go to Executors and not to Heirs, and fhall not be liable to foreign Attachment. The original Fiuid of 100,000/. per Ann. and all Profits for the Managements. 63. of the Corporation, lliall be applied to the Ufc of the Members of the Corpo- ration ratably. It fliUl be lawful for the Bank at any Time to reduce their capital Stock, s. 65, iiitrcafcd as aforcfiid, by Dividends j taking care that the Total of their Debts f!'.) not exceed tlic Value of their Capital : And in cafe the Governor and Com- n.iiiy by any Dividend, Hvall reduce tlieir Capital without proportionably rcdu- ciii^r ihc Total uf the Debts, fo that the Value of their Capital fliall not be fuf- Jiii 'lit to anfwer their Debts; in fiich Cafe, the particular Members who fliall (Lt.:ive fuch Dividend, fliall be fevcrally liable, fo far as the Shares by them received will extend, to pay the Debts which fhall remain due to any Perfons, who m.iy fue for the fame, befides treble Cofirs, by Aftion of Debt or upon the C.ife, c?r. It (ii.ill be lawful for the faid Governor and Company to call in any Sums of S. 71. Moiiey, which they in a general Court fhall think necelVary, to be paid by their Members proportionably, which fliall have before been divided, out of the faid Capital of 4,402,343/. and in Cafe any Member ihall negledt to pay his Share, at the Times appointed, by Notice in the London Gazette, and fixed up on the Royiil Exi/.hinge, it fliall be lawful for the Governor and Company to ftop the Dividends of fuch Members, and alfo to flop the Transfers of their Shares, and to cliarge the Defaulters with Intcrcil at fix per Cent, and in Cafe the Principal and Intercfl be not paid in three Months, they Ihall have Power tr> fell the Stock of fuch Defaulters, to pay the fame. Every Perfon wlio fliall be elected Governor, Deputy-Governor, or Director 9^'"'. Cap. 7. of the Bank of Eng/iim/, fliall, during that Year, be incapable of being chofen^""" Director for the management of the Affairs of t/je united Company of Merchiiuts cf England, trading to the Eail-Indics, and vice verjh. The Bank Avail continue a Body Corporate, and enjoy their yearly Fund of ' ^' f""- ''*^* 100,000/. fubjedt to the following Power of Redemption : s". z.^T Upon twelve Months' Notice, after the i ft of yf^/f?///, 1742, upon Repayment s. 24. hy Parliament to the Bank of i ,600,000/. and all Arrears of the faid 1 00,000/. fa- Ann. and of all Money owing to them upon Tallies, Exchequer Orders, or F rliamentary Funds, fuch Funds, for Redemption whereof other Provifion is ni^de, excepted, the fi id yearly Fund of 100,000/. fliall ceafe. After fuch Redemption the Corporation Ihall ceafe, s. 2;. It fliall be lawful, as ^vell for the Bank as for any others, to lend Money to 12 ^m- Stat, tiie Treafurer; of the Navy, &c. upon South-Sea Stock, purfuant to the Stat. 10 s.^or ^ Ann. Cap. 19. S. 185. The Governor and Company of the Bank of England, being willing to delivers G«.I. Cap. up to be cancelled, as many Exchequer Bills as amount to 2,000,000/. in prin- **' '" cipal Money, and to accept an Annuity of 100,000/. being five per Cent. for the fame, to commence from C/6r^/-'/wx, 17 1 7, redeemable upon one Year's Notice. The Bank fliall, before Chrijhnas 171 7, deliver up as many Exchequer Bills as S. 5. fliall amount to 2,000,000/. in principal Money, to be cancelled. After Chrijimas 17 17, the Bank fliall for ever have one Annuity, of 100,000/. S. 6. being five per Cent, computed on the faid Sum of 2,000,000/. which yearly Sum fhall be paid out of the Aggregate Fund, and Duties on Houfes, aiid fliall be paid to the Bank for ever, at the four ufual Feafl-s. Upvn one Year's Notice to be given at Chrijimas 1717, or at any quarterly Feafl: s. ?• 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 fhall ceafe. For the better Payment of the Annuity of 100,000/. ftanding Orders fliall s.i?. be figned by the Treafury. I At 1' . 7 11. R,>1 'A H' iii- 398 3 Ceo, I, Cap, ». i>. 14. S. 16. S.,7. S 22. S. 23. S, 24. S. 2S. S. zfl. S. 38. S.jj. THE BANK OF ENGLAND. As the feveral Duties chargeable with the Payment of the faid Anrjiilty (lij| be brought into the E chequer, futli Money fhall be illued upon lucli Oakis, weekly or otherwife, towards dilcharging tht leveral Annuities tliercon charged, to grow due at the End of the Quarter of a Year, (o as fucli weekly l'ay;n.:its exceed not the Sums of the feveral Quarterly Payments, which fhall grow duo at the End of each Quarter. The faid Annuity of 100,000/. fliall be deemed pcrfoiial ElVite ; and the faaic and the Stocks which the Bank now have, and 'hofc they ih.ill b." entitloi unto by Virtue of this Aft, and the Sums payable to them in relp.'cl: of any fuch Stock, Ihall be free from all Taxes, and not liable tj foreigii Attachmei t. The faid Duties on Houfes, Aggregate Fund, and other Duties, (h:dl b; continued to his Majefty, his Heirs, and Succellbrs for ever, and Ihill be niifcj, &c. by fuch Methods, iifc. as are prefcribed by the relpjfted Ads now in Force. The Monies of the faid Duties, 6fr. which fliall be brought into the Exche- quer for Purpofes in this Adt, except the Charges for raifmg, cfi,', the lame, are appropriated for difcharging the growing Payment on the faid Annuity of 100,000/. which Payments are to be fatisfied without Charge, but fubiovit to Redemption. And in Cafe any Otficer of the Exchequer fliall mifapply aiiy of the Monies, or ihall not keep Books, and do all other Tilings by this Ad re- quired, he ihall forfeit his Olficc, and be incapable to fcrvc his Majefty in any Employment of Trufl or Profit, and be liable to pay double the Sum mifipplied, with Coits to the Party grieved ; to be recovered in any of the Courts at The annual Sum of 100,000/. fliall be preferred in Paymenr before the yearly Sum of 120,000/. to the Civil Lift. After iatisfying the Payment aforefaid, the Deficienres on the original Fund of 100,000/. per Ann. payable to the Bank out of fivc-fevcnth Parts of certain Duties of Excifc, fee 5 and 6 //'///. and Mar. Cap. 20. S. 19. before rccitetl, (lull c f.itisfied out of the Monies by this Ad appropriated j after which the yearly Sum of 4000/. ihall be iftued to the Sheriffs. The Surplus of the Duties, (s^c. hereby appropriated at the End of any Qiiar- ter, ihall attend the Difpoiition of Parliament. In Cafe the Produce of the iaid Duties, fisft". fliall be deficient, fuch Deficiency fliall be made good out of the Produce of the iaid Duties, ^c. in any fublejutnc Quarter. If fuch Deficiency ihall happen at the Fnd of any Year, reckoning each Year to end at Michaelmas, fuch Deficiency fliall 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 fliall fee Caufe, to call for, from tlieir Members, in Proportion to their relpedive Interefts in the capital Stock, any Sums of Money, as in a general Court flvall be judged nccci- iliry i and all Executors, (Sc. ihall be indemnified in paying the fiine ; and if any Member ihall negled to pay his Share uf the Money lb called for, at tlie Time appointed, by Notice in the London Gazette, and fixed upon the iliyal Excbaiiit:, it ihall be Liwful for the Bank not only to llop the Dividend of liicii Member, and to apply the fame towards Payment of the Money lb called ior, but alfo to ilop the Transfers of the Share of every iucli Defaulter, and to charge liim wit'i an Intereft of five per Cent, per Ann. for the Monies ib by him omitted to be paiJ, till Payment thereof: and if the Principal and Intcrcil: ihall be tiirce Months unpaid, the Bank fliall have Power to icll fo niucli ol'luch Defaulter's Stock ai will fatisfy the fame, rendering the Overplus to the l^roprietors j and the Bani may, in a general Court, when they (lull adjudge their Atiairs will admit thereof, caufe any Sum of Money ib called in, to be divided amuiigll the then Members, in Proportion to their refpedive Shares in the capital btock. The Bank may borrow Money on any Contracts, iTc. under their common Seal, or upon Credit of their capital Stuck, at fuch Intereft as ihcy (hall think lit, though it exceed the Intereft allowed by Law, and give llith Security as IliiH be to tile Satisiaiition of the Lenders ; and they may contrad with any Peilons, upon fucii Terms as they Ihall iiiid iicc>;ilary, for tiic better enabling tlicin to 6 . pciform THE BANK OF ENGLAND. 39? perform fifch Things ns they arc to do in Purfuancc of thin Ad, and take Sub- fcriptions from fuch Perfuiis for that Purpofej and fiich L'ontradt, (sc. (hall not be chargeable with Stamp Duties. No Member of the Bank, for any T' 'ng in this Adl contained, fhall be difabled 3 ««. I.Cap. from being a Parliament Man, or adjud;;cd liable to be a Bankrupt. 8. s. 43, The B.ank mav in a general Court make futh Addition to their capital Stock, S. 45, in Regard of tlicir undertaking to difcliarge Exchequer Bills, as they Hiall think fit J and fo muoli as iliall be lb declared, (hall be deemed capital Stock, and the Membei.s of tlie Bank, who (hall have a Share in fuch Stock, may transfer the I'ur.e in Method, &c. prefcribed by any Statute or Charter now in Force for Alilgnincnts. The B.ijik fh.ill continue a Corporation, and enjoy the fiid feveral Annuities, S. 49. till all tiic laid Annuities (hall be redeemed, accordmg to the Provifos in this Adt. i'or Encourigement of fuch Pcr("ons as are willing to advance Monies for pay- s. 50. ing of the Principal Sums amounting to 8,762,625/. upon the Lottery Ads of 9 and 10 yi.'in. for redeeming Annuities on an Ad 12 and 13 fVi7/. III. Cap. 12. to Patentees, out of the weekly Sum of 3,700/. out of the Exxile, for which the Perfons advanci.ng the fame, are to have Annuities of five per Cent, redeemable by Parliament : It is enatJed, that till the Ainiuities of five piV Cent, (liall he re- deemed by the Parliament, the Bank (liall employ two Perfons within their 0{- ficc of Londjfi, one to be their chief Cadiier, the other their Accountant Gene- ral ; and the Monies coming into the Exchequer for the Payment of fuch An- nuities, (hall be paid quarterly to the faid Calhier, by way of Impreft and on Ac- count, and the Accountant-General (hall infped the Receipts and Payments of the Cafliier, and the Vouchers relating thereto ; and all the Monies to be ad- vanced for fuch Annuities (hall be one capital or Joint- Stock, on which the faid Annuities (hall be attending j and all Perfons in Proportion to the Monies they (hall advance, (hall have a Share in fuch Stock, and in the Annuity attend- ing the fame j and fuch Shares (hall be transferrable and advifeable as is prefcribed by the Ad i Geo. 1. Cap. 19. and no Stamp Duties (hall be chargeable on fuch Transfers : And the Bank, notwithftandihg the Redemption of any of their own Funds or Annuities, (hall continue a Corporation, relating to the receiving, Csff. the Annuities lalt mentioned, till the fame be redeemed by Parliament j and no Fees ihall be taken for paying the faid Annuities, or for fuch Transfers. Never- tlielefs the Trealury may allow out of the Monies to be impre(ted as aforefaid, Silaries to the Caihier and Accountant general. Transfers of Bank Stock (liall not hereafter be made liable to any higher Duties s. 51. than are now payable for the fame. The Bank may, under their common Seal, alfign the faid Annuities of 100,000'. s. 53. or any Part thereof, and alio luch Annuities of five per Cent, per Ann. to any Perfons whatfoever, and fo toties quoties ; which AlTignments (hall not be fubjed to any Tax, fo as an Entry be made of fuch AlTignments in the 0(fice of the Auditor of the Receipt. Nothing in this Ad (hall hinder the making good any Deficiency in the yearly s. 54, Fup.d of 1,16,573/. I2X. mentioned in the Ad i Geo. L Cap. 2. Any V^ote of the Houfe of Commons fignified by their Speaker in Writing, S. 55. and delivered at the Oflice of the Bank, (hall be deemed a futlicicnt Notice v.ithin this Ad. The Governor and Company of the Bank of England having agreed, that^'Crt. r. from the Feaft Day oi St. John Baptijl, 1727, their Annuity of 100,000/. upon^"^' '" ^' '* the Sum of 2,000,000/. See 3 Geo. L Cap. 8. S. 6. before recited, (liall be reduced to four per Cent. It is enaded that after the Nativity of St. John Baptijl, 1727, the faid Annuity (liall ccafe, and the Governor and Company of the Bank, (iibjctl to the Provifo of Redemption in this Ad contained, (hall have in Lieu thereof, one Annuity of 80, 000/, which (hall be payable out of the Duties on Houles, and the Agregate Fund j and (hall be paid to the laid Governor and Company, and their Succcilbrs for ever, from MidJUmmer, 1727, at the four uliial Fearts, in fuch Manner and on fuch Conditions, as in the former Ad 3 G'fij. I. Cap. 8. in Relation to the (aid Annuity of 100,000/. ■ 1 i ■ !'■ ' Oa 400 21 C,c. I. S. 2. S.J. S.v S.j. S. 6, I Cf>. II. Stat. 2. Cap, », S. I. S, 2. S. s. ?. 8. S. 9. T H E B A N K O F E N G L A N D. On Repayment by Parliament to the Bank of England, of tlie Principil Sutn of 2,000,000/. and of all Arrears of the faid Annuity, flic Annuity Ihull coll-. If at any Time Payment be made of any Sum, not k'fs than 500,000/. in I'.ut for the principal Sum, and of all Arrc.rageR ; then fo much of the fiid An- nuity as ihall bear Proportion to tiic Monies fo paid in Part of the Principal (IkuI cealc. The Annuity (hall be deemed pcrlonal .Eflite ; and the fime and the Stock which the faid Company now have, or may be entitleil unto, by Virtue of t!ii; Ad; and all the principal Simis and Annuities pa). liile to the Company in Rc- fped of any iuch Stock, (hall be free from Taxes, and Ihall not be liable to fo- rei ? Geo. II. Cap. 3. Reciting the feveral Ads of 7 and 12 Ann. made concerning the Bank, which continued the Governor and Company an Incorporation till 1742, fubjcdt, how- ever, to Powers of Redemption, as therein mentioned. And the Time of the laid two former Ads being expired, the Company, by this Ad, ai*; engaged to fupply the Government with the further Sum of 1,600,000/. before December 25, 1742, at different Payments, as demanded by the Treaiury, each Payment not to be more than 400,000/. and at a Month's Notice, The faid Sums to bear an Intereft of three per Cent, till Augufi i, 1743, and on any Default, the (iiid Company may be fued in any of his Majefty's Courts a: Wejlminjler, and fliall forfeit twelve per Cent. Damages, and full Cofts, for whiili their Stock and Funds (hall be liable. The feveral Provifoes contained in the recited Ads of 7 and 1 2 Ann. and all Provifoes in any other Ads for determining the faid Fund of 100,000/. per Am. are hereby repealed ; and the faid Company, and their Succeflbrs, fliall continue to enjoy the laid entire yearly Fund, to be paid out of the Duties of Excife, with perpetual Succcfllon, and Privilege of exclufive Banking, and all other Abilities, Gfc. granted to them, by any Ads of Parliaments, Grants, or Charters j fubjecl neverthelefs to fuch Reftridions, and other Agreements, as are prefcribed by any Ads and Charters now in Force; as alio to the Power of Redemption, as in this Aft is hereafter contained. At any Time, twelve Months after Auguji 1 , 1 764, on Repayment of jH Monies lent by the Bank, with Intereft, G?f. the faid yearly Fund of 100,000/. Ihall determine. No other Bank fliall be allowed by Parliament j nor fliall any Body Politick or Corporate, or other Perfons whatever, united in Partnerfliip, above the Num- ber of fix, throughout England, borrow or take up any Sums of Money on their Note, payable for lefs Time than fix Months, during the Continuance ot fuch Privilege to the Governor and Company, whc are hereby declared to be a Corporation, with Privilege of exclulive Banking, fubjeft to Redemption on a Year's THE BANK OF ENGLAND. 403 Yc.ir's Notice, after Augufl i , 1 764, and Repayment of the fevcral Sums lent, witli Intcrcil, vu.. ^,200,000/. and all Arrears of the 100,000/. per Ann. and iill Principal and Intercll owing them on all Tallies, iixchcqucr Orders, Exche- iiiiir Uills, or Parliamentary Funds, except fuch Funds as are otherwifc provided tor, aliicl) the Governor and Company, or their Succellors, (hall have remain- ing; in their Hands, or be entitled to, at the Time of fuch Notice given, as aforeliiid. Tlie CJovernor and Company may enlarge their Capital with any further Sum, i;'^". n. not exceeding 1,600,000/. additional Stock, and may take in Subfcriptions from '' 5''^* filth I'trfons, and at fuch Times, as they (hall think proper j and all fuch Sub- Ctribcrs, whether Natives or Foreigners, having paid the Money fubfcribed for, (hail be united to, and incorporated with, the faid Governor and Company, and adjudged to be one Body Politick and Corporate, by the Name of the Governor and Company of the Bank of England ; fubjedt to the fame Regulations, and intitlcd to the fame Privileges and Advantages with the prefent Members of the faid C()r]ioration. The Capital Stock, increafed as aforefaid, (liall be afljgnable and transferrable in the fame Manner as the original Capital Stock was, Before the making tiiis Ad ; and, together v/ith the Produce, rtiall be free from all Manner ol" 'Faxes, Charges, or Impofitions whatever ; and the Transfers of the additional Stock (hall not be chargeable with any other Stamps or Duties than were ufed in tranf- ("crring the former Stock. No Perfon concerned in the Stock of this Company, whether as Governor, Deputy-CJovernor, Oire<5lor, Manager, or Member, (hall bedifiblcd from (erving as a Member of Parliament, or be liable to any Penalty, or Difability, prefcribcd by any Adts of Parliament, for not qualifying themfelves to execute any Truft with re(iie(S to A(fairs of this Corporation, as Perfons, who execute any (Jtficc or Place of Profit or Truft, are liable to, by any Law now in Force, or liable to be a Bankrupt within the Meaning of any Statutes of Bankruptcy. It is the true Intent and Meaning of this Adt, that the Governor and Company, r. jj;, and their Succeflbrs, (hall enjoy the faid Annuity of 100,000/. in refped of their original Capital Stock of 1,600,000/. ixWAuguJl i, 1743, befides the Interefl of the 1 ,600,000/. to be advanced as aforefaid, which Interefl the faid Governor and Company are to receive back by Way of Difcount. Any Vote or Refolution of the Houfe of Commons, fignified by the Speaker iti Writing, and delivered at the publick Oflice of the faid Governor and Company, and their SuccefTors, fliall be deemed a fullicient Notice within the Meaning of this Aft. Any Perfons who (hall forge, counterfeit, or alter, any Bank Note, Bill of Exchange, Dividend Warrant, or any Bond or Obligation under the Common Seal, or any Endorfement thereon ; or (hall offer to difpofe of the fame, or demand any Money, pretended to be due thereon, of the faid Company, or any of their Otlicers or Servants, knowing fuch Note, ^c. to be forged, (^c, with an Intent to defraud the faid Company, or their Succeflbrs, or any other Perfons whatever ; the Ollenders being duly convidted, (liall be deemed guilty of Felony, and fuffer Death as Felons, without Benefit of Clergy. If any Olliccr, or Servant of the Company, being intrufted with any Note, tic. p. ;ja. belonging to the Company, (hall embezzle any fuch Note, Cf. the Offender, being duly convidled, (hall be deemed guilty of Felony, and (hall liifter Death witiiout Benefit of Clergy. By the Charter it is ordnined, that there fliall be for ever, of the Members of the Company, a Governor, Deputy-Governor, and twenty -four Directors j which faid Governor, Deputy-Governor, and Directors, or any thirteen, or more, the Governor or Deputy-Governor to be always one, fhall be a Court of Diredtors, for managing the Affairs of the Corporation j but as this Limitation, by the unavoidable Ablence, or otherwife, of the Governor and Deputy-Governor, may be of great Hindrance to the Bufinefs of the Corporation, it is therefore enacted, that when- ever a Court of Diredlors is met, if the Governor and Deputy fliall be abfent for the Space of two Hours, after the ufual Time of proceeding to Bufinefs, the 1 Diredtors ■.',;'! s- 'ti<[ mt i04 Till'. BANK OF F N ('. I , A N D. 19 Gt: II. V. ijs- Dircftors then met, luiiij» not Id's tli,in thirteen, iiiiiy thulc a duirman by niijo- rity, and proccal to HulinclK ; and all \<\s dune by iliciii lli.dl be as valid, x< if the Governor or Deputy l>ad been prdliit. This Ai\ Ihall be c' •iiicd a publitk Act, and judii i.illy taken Notice of as futh by all Judges, Calf, witiunit Ipccially pleading the fame. The Preamble recites an Aii paffcd in i6 Geo. II. iiuitled, yfn yltl for rcf>,'j/ing tbi'J'everiil Kiifis and DiKus i/p',:i fic/uj/Ztrs, &c. ^mul /or tnini/irri/[!; the ExJjt. qutrbilh unfiifisfifd iheriupoiiy to the Dutus for Li(incf< to fill Jjiirituvti Liquors, and V.t^t, jlrcng IViittrs hy Retail, 6cc. whereby it was enacted, that from the twenty- fourth of 'Yune, 174^, the feveral Duties impufed by an Art of 12 Geo. I. ii|)on all Virtuallers, and Retailers of Beer, within the Cities oi Loiul'jti and Pi'ijlminjlcr, and the weekly Hills of Mortality, ihould thenceforth ccale ; and that, after the faid twenty-fourth of Junt; 1747, the principal ^uni of 481,400/. in F'.xchcijuer Bills (I'art of the Sum of 500,000/. advanced to his M.ijelly's Lxcliequer by the Bank of i'wi; /,//;* 409 'w)| t I THIS is an employment of great Antiquity, for there was a Species of \i among the Romans, though very different in the Exercife of it from what the Praftice is at prefent j in that famous Empire, they were deemed publick Offi- cers, who as one may fay, united the Offices of Exchangers, Brokers, Commif- fioners, and Notaries, all in one ; ncgociating Exchanges, undertaking Trufts, intervening in Purchafes and Sales, and dextroufly managing all the neceffary Adts and Writings cf fo many different Fundlions. 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. However, it muft be acknowledged that the Bank of England does not, in all Refpedts-, cor.» rcfpond with the Idea of a national Bank ; if it did we (hould have no Occafion for the Bufinefs of private Banking, of which we are to treat in this Chapter. Tlic difcretionary Power lodged in the Hands of the Diredlors of the Bank of Eiis';lanJ, admits a Poffibility of Partiality in the great Bufinefs of difcountiiig, which may limit its Utility, and cramp mercantile Credit, and this fliould never be the Cafe in a commercial Country. Upon fome occafions they have even fufpcnded difcounting for a Time, whereas a general national Bank ought to lay no Reftraint whatever, if the Bills offered are good j that is to fay, drawn by a known refponfible Man on I^erfons of like Refpon Ability, and endorfed by one or more of the fame Defcription. The only Argument that can be brouglxr againft making the Bank of England, a general national Bank, to anfwer all tfie Purpofes of Banking is, the Multiplicity of Bufinefs they are already engaged in for Government, on Account of the national Debt, in Addition to the commou Bufinefs in the Circulation of Cafli and Notes. And certain it is, that by ufing proper Precautions, the following Clafs of Men may be made nearly as uleful as • a national Bank. In France, Holland, &c. they may more properly be termed Rcmmitters, as the principal Part of their Bufinefs confifts in ncgociating Ex- changes ; Mr. Savary calls them Merchants, Traders, or Dealers in Money, who make Contradts, and Remittances thereof, and confine themfelves to fuch Tranfadions only : We have alfo fome Gentlemen of great Fortune, who adt on the fame Footing here in England; but when we fpeak of an Englijh B.ui-- 5 M ker. ' I >' Xi I H VUHHI ff' I^^BHRff m mm 1 'M||| r ' 'I'Hiti^^'^ i' Hi il nil 1 iH|nSH| j w !lffl|Pq| fl ' i- ffiyi II '^^MHii^i ii 1 :'' [BBPH'I Ml {|B^i p PI ; iHii i il i 1 kV ^^ W Hu '•j.i'i i|| *ii? f v '% '|10'!'' m , \ ii ''ir='^;.| 11 ' |i|;i|j|v|«^i ppii II |',||^^:.W ' ISi \ iff^ li ^ 111 ' (ji flB'^ ' K ' ';iS- Dominations in Confideration or Sums of Monsy in Specie paid fur tlicm; or in Exchequer, Navy, or other Bills, Bonds, (s!c. being Govenunejit hecuritie». Alio in maintaining and encouraging the Acceptance of Bank Notes as equal in Value to their Amount in the current Coin of the Nation ; thereby making luch Paper-money, as much the Medium of our Exchanges with each other, and even with fome foreign Countries, as Gold and Silver. Private Perfons, availing themfelves of the fame principle, have been ena- bled to throw into the commercial Circulation of the Kmgdom, their own Notes, Bills, and other Paper Securities, and on this Bafis a great Number of Banking Houfes have of late Years been eftabUihed ; a certain Quantity of Specie however, proportioned to the Extent of their Paper Credit is rcquitite for each Houfe, that they may be ready to anfwcr all Demands for Specie, where it is required to be given in Exchange for Bills become duej tor Uieir own Notes iftlied payaWe on Demand ; or for the Draughts of their Cuftomers who have depofited Calh in their Hands. We therefore plainly perceive in the firft Inftauce, that Bankers ought to be Men of coniiderable Profierty. Now let us ftate their great Utility to Merchants, Shopkeepers, and many other Clafles of the People. In the firft Place, they will frequently difcount Billi for Merchants and Tradefinen, their Cuftomers, Tvhich the Bank from tlit Siuallnefs of the Sums, or from the Security not being generally known or acknowledged, will rejcd. If the Banker is fatisficd that his Cuftomerfor whom he difcouuts is a Man of confiderable Property, it is a fccondary Objcd only with him, whether the Bills are drawn upon or accepted by Perlbns equally rcfponfible. And as the Banker's Profit confifts in making as much Jntereft of the Monies laying in his Hands uncalled for, as poffiblc, without Lofs of Time ; difcounting of courfe muft conftitute a great i'art of his Buii- oeis. And, if there were not a great Nu^iber of Bankers always ready to «iil4;ount the Bills tliat are circidated ii; Trade, commercial Credit would be ftagimted. '1 tuni idcT and AvAt may iik's, and e limited 'ullomcr's he B;uik, :c Money > not ma- bc Profits •erty, and le Buiincl's ifmiths, ii 'ing Para- .eign, viz. horroviing I Hire ani ■>f BMikm, inks in all Ingland, no late Years, [1 City and at ftiblifted liable Duty las been en. y ; whether various De- them; or in t .Securitieii. as equal in tiakiiig luch other, and been ena- thcir own It Number Quantity Credit i» Remands for tome due; hits of their [fore plainly Iconiiderabk |, and many ifcount BilU |k froin tilt known or tullomer for Idary Objcd by Perfons Ig as much lie, without \i his 13uli- ts ready to would be iUgnated, OF BANKERS, (Jc. ftagnatcd, and the trading Part of the Nation would be thrown into a State of Anarchy. In many Trades, great Part of the Bufinefs is tranfadted by Notes or Bills drawn to become due at re note Periods — three, fix, nine, and twelve Months after Date. If the Holder of thefe could not convert them into Cafli, it would be imponible for him to go on, becaufe his Workmen muft be paid weekly in Cadi. To exemplify this in one Inftance— A Bookseller eirtploys a Printer and pays him with his Note of Hand at three Months after Date j he is perfeftly fatisfied with this Tranfadion ; but, if he receives Payments chiefly in this Man- ner, he muft have an immenlc "Fortune indeed to be able to pay all his Worknaen weekly in Cafh. But by difcounting, the Matter is eafily fettled, and the Intercft he pays for the Advarice of the Money muft be computed and deducted from his Profit, which however will always bear a Proportion to this Cir- cumftance. But there is another Superftrufturc of private Credit, built upon the Principle of publick Credit. — What is become of the inunenfe Sums raifed by Three and Four per Cent, conjolidatcd Bank Annuities and other Government Securities ?— expended long fmce in our Wars ; bat while the annual Int^cft of the nonatnal Capitals is regularly paid, and that a Price can be had at Market for the princi- pal itfelf, through the Medium of Transfer-booh . publick Credit' fupdlics the Place of Non-Payment of the Principal in Specie. Thus a Number of Perlbns in different Parts of the Kingdom, or even in different Parts of fo laree a Me- tropolis of London, agreeing to draw upon each at difbmt Dates, and navijnig a certain Degree of commercial Credit, may, by the Means of Difc^uat, raifie aftoniihing Sums of Money, to anfwer temporary Pjrpofes, and provified that . from the Profits of Commerce, or even the Sale of Merchandixcs arriving front foreign Countries within the given Tiint, they cao he, aufw^^We in Specie for each other's Draughts, all will be well, and this Syftem of Cicdit aiajr be not only ftridtly juft, but neceffary and expedient for the /kpport of Ccunaierce under certain Circumflances. For Inflance a Merchant may be in ExpeAation of valuable Cargoes frohi a diftant Country, and in Time of War the Delay of Convoys, and othor Incidents, may impede their Arrival till fome Months after the Time he had rationally calculated. In the Interval preiTmg Demands come upon him from ilie Manucadurers of Goods he has exported to t!;? Country from which he expeiif his Return with Profits in valuable Imports. If a Fiiend lends him his Paper for three Months, that is to fay, allows Kira to draw upon him, and that Friend is a Man of eftablifhed Credit, whole Paper his Banker will difcount — here is a Difficult removed — perhaps the Failure of a good Man prevented. So far, no Mifchicf has arifen, but on the contrary a Benefit has been con- ferred, fto which no folid Objedtion can be made. But unhappily this Circula- tion of good Paper, upon juftifiable Emergencies, has opened (a Door to an extenfive Circulation of bad Paper, upon the worft Principles j and as Bankers of all other Perfons are moft liable to be imjxjfcd on, and, if they are difhoneft^ to impofe upon others, an Explanation of thus Species of fpurioua Credit, pro- perly belonged to this Chapter. But as accommodation Bills to a confiderable Amount have lately occafioned fome remarkable Law-fuits, and embarraffed the Courts of Juftice to fuch a Degree ; that their Decifions are likely to become the Subjefts of Appeal to the fupreme Tribunal of the Britijk Empite, the Houfe of Lords, for whofe final deliberation and Determination a Cafe is preparing by the Judges } we Ihall en- large upon this Species of Biils of EMcbange, under that Hod. Taking !» *cr granted that the Bankers, being Men of gteat Exper jence, will fake as much Care of themfelve* as pofliblc, we fhall only mention, for the Information of the Publick at large, that Detedions ha»e been made of late Ye;\rs of Perfons who have fubfifled entirely upon the Chrulation of Paper Money, by drawing upon each other, and converting Part of tlK Money io raifed, by difcounting or pafTing their Bills with Tradefmen, to their own Ufe ; and when their Credit has failed, which muft inevitably be the Cafe fooner er later, they have abfconded. T© leave no Doubt upon the Mind of any Per- 4 fon 4ti i lii ,r I ,,. U%M t'n.i ;l m V'H 4«« b F Usury, i£C. tll.U I)V i;|.. I'lrt of iht fcn whom this ma/ hereafter concern, it is ncccflary to eyplaiii, creafing the Sums drawn for, they hive been enabled to live upon Spoils for one, two, or throe Years, .:nd at the Clofe, when perlnpn tliuylnvc cfcaped to the Continent, it is a general Sweep of the whole Amount of thi- Ijii: Bills they could get difcounted. With Refpedt to the Power of Bankers to commif Frauds of tliis Xntiir?, We (hall ftate it only as a Power, which they certainly may, but wc do not know that any of them have ever cxercifed, and which wc Iiopc they never will. A Combination of a Banker with one or more of his Cudoincis, or with fome Country Bank, may enable him to raife Money upon Hills drawn iv^m him to a confiderable Amount. It should, therefore, be a Rule witii all P.-rllm keeping large Sums in the Hands of Banlcrs, to enquire, /irji in'o tlic Soliiiitv of their Capital. SecomHy, how they employ the Balances that remain with them — that is to fay, the DifFertnce between their Receipts and Difburll-nunts — for it will readi'y be perceived that if the former diJ not exceed the litter confiderably, they could not fubfift. If thefe Balances are veltcd in Ciuvcrn- ment or other good Securities, readily convertible into CaHi, at a ihort Notice, to aafwer extraordinary Calls, fuch Bankers may be confided in ; but, if thsy are liable to be paid away to fettle Loffes in Stock-jobbing Accounts, their Cuftomers are in great Jeopardy. The laft Cjaveniency I fliall mention of private Bankers, is, that Tradef- men deep in Security, without the Dread of Fire or Thieves, who lodge their Money, above their petty Cafh, in their Hands, which fome do every Evening. The Houfes and Vaults of Bankers being fecured in an extraordinary Manner, and properly guarded, which cannot be the Cafe generally, with the Habitations of private Citizens. Bankers will lend Money on Plate, Jewels, Title Deeds of Houfes and Land', and other fimilar Securities, fuch as the Receipts for Subfcriptions to Govern- ment Loans, ^c. when they are well acquainted with the Owners. V Of Ufury. 3 Inft. 3 Inft. iji. 151. TT is literally defined to be Money given for the Ufe of Money, or the Gain of any *• Thing by Contradt, above the Principal, or that whicJi was lent exadled in Confideration of the Loan, whether it be of Money or any other Thing. Some declare Ufury to be an Exadlion of Profit for a Loan made to a Pcrfon in Want and Diftrefs j and Mr. Malynes in his Lex Mercatoria terms it a 5/>%, from the Etymology of the Hebrew Word Nejbech, by Mr. Humphreys in Iiib Annotations on Nejbecli, which he fuppofes a general one for Ufury ; but after all, it properly confifts in extorting an unreafonable Rate for Money, bcpjid what is allowable by Law. 151, Tlie letting Money out at IntereJ}, or upon Ufury, thefe being fornieriy regarded as fynonimous Terms, was againft the Common Law; and in 'limes pall, if any one after his Death was found to have been an Ufurcr, all his CiooJs anJ Chatties were forfeited to the King, &c. and accordin;^ to feveral ancient Sta- tutes, all f^rj' was unlawful J but now, neither the Common nor Statute Luv abfolutely forbid it. On the contrary, a reaf0i;nble, that is a lawful, Intereft may be taken for Money. And how can it poflibly be otherwife, when Government itklf pays feveral Rates of Intcreft, half-yearly, to publick Bodies of Men ; and private Individuals, for immfe principal Sums borrowed at various Times, from the Publick at large, for the exigencies of the State, in Times of War. The Stat. 27 Hen. VIII. Cap. 9. allowed ten jicr Cent, for M6ncy lent on Mort- gages, ©"c. which was revived by 13 Eliz. Cap, 8. and 21 Jdc. I. Cap. 17- ordained eight per Cent. The 12 Car. 11. Cap. 13. lowered Intcreft to fix per Cent, and la Ann. Cap. 16. to five per Cent, at which it has remained fixed ever fince. s;6. It hath been adjudged on this laft Statute, that a Contradt for fix per Cent, midi; Meaning of it ; and tlierefore that it wa^ ^°' before the Statute, is not within ths v.* t M b F u S 1/ R Y, 4'3 *V- Abr. ilill lawful to receive fiich Interi.ft, in Rrfpcdt of fuch a Contraft. And if a Man, wlicn Intcrcft wiis at fix /, Cent, lent Money, at that Kate, ami after the • ' . •_.. Sututc comes. and finks the Intcaft to five per Ctiit'. if he continues the old Intcrc (1 Oil that Bond, the Bond (hall tiot be void as ufur'aus, but it is faid the . , . i^iity (hall be liable to forfeit treble Valiu. The Receipt of hij^her Inttiren: tlian tlie Caw allows, by Virtue of an Agree- ihn.-i:. 146. mcnt fub;lquent to the fiill ContraCl, doth not void an Affuraiice tiiirly made; ' ^^'"^' '°' and a Hond made to fecuio a jult 13cbt, payable with lawful Interefl, (hdl not . " • be avoided by a corrupt 7//w75;w A^j^rcemcnt between others, to which the Obligee . •"' was no Ways pri\y ; nor Jhall Miftakes in drawing Writings make void any fair Agrcetncnt. If the original Contradt be not nfurious, nothing dpiie afterwards can make 1 fl.<-n«/. ;j. it i'c, ; anil a. counter Hond,. to fjve one harmlcfs againft a Uond mudc upon a col-- * '^f^;'' ^.^'J*^' rupt Agreement, will nOt be void by the Statutes ; but if tlie original Agree- 17 j. iiciit be lornipt between ail the Parties, and lb within th^ Statutes, no Colour. ' •'/ will exempt it from the Danger of the Statutes againfl Vfury. _• " A Fine levied, or Judgement fuffercd, as a Security for Money, in Purfuance of an jifurioiis Contrijdt, may be avoided by a:i Averment of the corrupt Agree- • ' *'• ' ir.eiit, as well as any common Specialty, or parole Contrail. And it is not ma- ' terial wliethcr tlrt Payment of the. jjrincipal and' the uj'iiri'jus Intcrcft be lecured n-'f. ' by the fame, or by diflerent Conveyances j • for iill Writings whatfoevcr, for the Ihengthening fuch a Contradj arc void. Alfoa Contradl rcfcrving to the Lender a iHawi. P.c. j;ieater Advantage than allowed, is ujunous, if the whole is allowed by Wayof*+?:. l:'erell:, or in Part under that Name, and in Part only by Way of Rent for a 509. ! loulc let at a Rent plainly exceeding the known Value-; fo where Part is taken b.ibre t!ie End of the Time, that thq Borrower hatli not the Profit of the. whole principal Money, G'c. .'•.-;. " , •,- ' "" ... By Ho/i C. J. If ^. owes B. 1 00/. who demands his Money, which ^. ac- qtraints him he hath not ready, but is both willing and defiroiis to pay it, if i?. can procure the Loan from any other Pcrfon; and thereupon B. having prefent Ocealion for his Money, contrads with C. that if he will lend yi. loo/. he will Cank Rep. give him lo/. on which C. lends the Money, with which the Debt is paid to B. 'Se- this is a good and lawful Contntit, and not ufuriout, between B- and C. .v' ", ", '*" »•* It is not Uj'ury \i there b;,' not a corrujit Agreement for more than Statute In- j SaK. jqo. tc:x'il ; and the Defendant fliall not be punilhcd, unlefs he receive fome Part of the Money, in Affirmance of the ufurious Agreement.. There can be no . Ly«r/ without a Loan; and the Court hath diftinguidicd ', ;'•'"■'''• -7 J*, between a Bargain and a Loan. ' • ^'- ••• If a Man lend another 100/. for two Years, to pay for the Loan 30/. but if*^'"- 7«<-. ••.'» . he pays the Principal at the Year's End, he Ihall pay nothing for Interefl: ; this 5°^', g' •*• is not Ujitry, becaufe the Party may pay it at the Year's End, and fo difchargc ' hiiiUclf. And it is the fame, wliere a Perfon by fpecial Agreement, is to pay double 2 inft. 89. tl-.c Sum borrowed, i^c. by Way of Penalty for Non-payment of tlie principal \ '^''- '^'"^• Debt; the Penalty being in Lieu of Damages, and the Borrower might repay the Princij)al at the Time agreed, and avoid the Penalty. A Man furrenders a Copyhold Eftate to another, upon Condition that if he ?. RUi. Rep. pays 80/. at a certain Day, then the Surrender fliall be void; and after it is agreed +^')- between them, that the Money (hall not be paid, but that the Surrendera- fliall 'i^."'" '' foiicit, iff. in Confideration whereof the kun^nd-ree promifcs to pay to the Hwmuljnr, on a certain Day, 60/. or 61. per Annum, from the laid Day, pro ^''»-v^ ujit is iuta-cjj'i damnorwii, and not lucri, and but limited as a Penalty for Non- . payinerit of tlie 60/. as a Nomine Pana, &c. On a Loan of 100/. or other Sum of Money for a Year, the Lender mayc™. 7«. ;6. agree to take his Interefl half-yearly or quarterly, or to receive the Profits of a Manor or Lands, tfc. and be no Vfury, though fuch Profits be rendered every l.)ay. If a Grant of Rent, or Leafe for 20/. a Year o^ Land which is worth 100/. j,„k. Cent. per Annum, be made for lool, it is not ufurious, if there be not an Agreement M9- 5 N that '(.X. i'kli'li ;. -,'1 = >,l ■[ ■ '■,i m 4H I Cir. 17. ifo 1 A/ n. 119. 4 Shf. Alir. i;c. 3 Nrl/. 510, O F U 5 IJ R Y. y.. Cm. y^'-lO- 2 z,;x.. -. liiz. » Cn, xo8. ,03. 1 C"«. 17. iitw. 8. Carlhrw 68. .67. 125. 3 Jfl«. 391. J Crff. 509- 1 Civ. 677 3 Cm. 5c 1. ^ ifr-?. 43 ^I7>ffl. 191. t2 /.;//. 672. 3 '\'//- 5 '4 I /A/u<-. 248 that this Grant or Lcafc fliall be void upon Payment of tlie Principjl aiid Arrcnrs, &i:. Hiit if two Men fpc.xk together, and oncidcfircs the other to lead him 100/. and fcjr the Loan of it he will give more than legal Interell ; and to evade the Slitutc, he grants to him -jo/. /"rr yl:n;im, out of his Land, for ten Years; or makes a Leafc fur cue hundred \'oars to him, and the Leffee rcgrants it, upu Condition tiiat he (hall pay 30/. yculy for the ten Years j in this Cafe it is Vjury, though the Lender never have his own 100/. again. A Man granted a large Rent for Years, for a fmall Sum of. Money j the St.itute of U/'ury was pleaded ; and it was adjudged, that if it had been laid to be upon a Loan of Money, it had been uj'iirijtis, though it is othcrwife if it be a Contraiit for an Ann'.iJty. If one hath a Rent- Charge of 30/. a Year, and another alkcth what he fliall give for it, and they agree for 100/. this is a plain Contradt for the Kent-Charge and no Vjiiry. The Grant of an Annuity for Lives, not only exceeding the Rate allowed for Intercft, but alfo the Trojiortion 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 5/. per Cent, per Annum on a Bond, if polfibly the Principal and Intereft arc in Hazard, upon a Contingency or Cafualty, or if there is a Hazard that one may have Icfs than his Principal, as when a Bond is to pay Money upon a Return of a Ship from Sea, &c. thefe are not Ufury. Though where B. lends to D. 300/. on Bond, upon an Adventure during the Life of £. for fuch a Time j if therefore D. pays to B. 20/. in three Months, and at the End of fix Months the principal Sum, with a further Premium at the Rate of 6i/, per Pound a Month j or if before the Time mentioned £. dies, then the Bond to be void j this, differing from the Hazard of a Bottomry Bond, was adjudged as an ufurious Contradl. One Hundred Pounds is lent to have 120/. at the Year's End, upon a Cafualtyi if the Cafualty goes to the Intereft only, and not the Principal, it is Ufury: The Difference in the Books is, tliat where the Principal and Intereft are both in Danger of being loft, tiien the Contradt for extraordinary Intereft is not ufurious; but ^vhen the Principal is well fecured, it is otherwift;. A Perfon fecures the Intereft and Principal : If it be at the Will of the Party wlio is to pay it, it is no Ufury. And a Lender accepting a voluntary Gratuity from the Borrower, on Payment of Principal- and Intereft, or receiving the Intereft before due, S^c. without any corrupt Agreement, lliall not be within tiie Statutes againft Ufury. Yet, this is a Ihameful Encouragement to monied Sharpers, who may receive, by Way of Douceur, a fourth Part of the Amount of the Principal lent ; from extrava- gant Vouth, under the Preifure of extreme Want, and the immediate Dread of a Ci.iol. And if one gives an ufurious Bond, and tenders the whole Money, yet if the Party will take only legal Intereft, he fliall not forfeit the treble Value by Statute. On an Information upon the Statute of Vfury, he who borrows the Money may be a Witncfs after he hath paid the Money. In Adtion for Ufury th Statute againft Ufury muft be pleaded, and a corrupt Agreement fet forth : It is not futhcient to plead the Statute, aud fay that for the lending of 20/. the Defendant took more tlian ^l. per Cer', without fetting forth a corrupt Agreement or Contradt. And in pleading an ufurious Contradt by Way of Bar to an Aftion, the whole Matter is to be fct forth fpccially, becaufe it lay within the Party's own Privity; but iii an Information on the Statute, for making fucli a Contradt it is enough to mention the corrup' Bargain genv..ally, by reafon Matters of this Kind are liippokd CO be privily tranladted ; and fuch Infonnation may be brought by a Stranger. 3 " • •" • ^> - • : In ■ +1 Of u s u r V, Ljc. 4'5 In Calc of Ujiiry, &c. an Obligator is admitted to aver a^aiiift tlic Condition P-'/': <^ "'• of J^BoncU or againil the Bond itfelf for Ncccflity's Sake. ^"'' "• ^- ^■ T'he Word Corruptkc is ncceflary in a Declaration for U/>/rv, &c. Vfury has been decried in all Ages, both by yeics and CLriiiiuiis j the former were by their Laws prohibited to take it of their Brethren, tluuigh Miji-s, as Sir Jojiiib Child fuppofes, for a political Rcafon, [x-rmitted tlicm to receive it from Strangers, as a Aire Means of o'irichiiig the Hc/ircw! ; and tliougii any Share of Intereft, or Ufury was ill thougi\t of by the Fatlicrs and othcr.s in the firft Ages of Chriftianity, it has for fon. : Time part been cdeemed rather an Advantage than a Detriment to a trading People, and confequently been en- couraged, though with proper Limitations, by the Legillatiire j a lawful Interclt has therefore now loft the Name of Ufury, which is only continued to thofo illegal Exad\ions that are the Ruin of many, when Kxtortioners find Means to evade the wholefome Laws fubiifting between them, and prey upon the Necellities of their poor Neighbours : Thefe may juftly be faid greedily to drink up the Widows' and Orphans' Tears ; and we have too many of fuch Mifcrcants among us, who being loft to all Senfe, not only of Religion, but even of Humanity improve the Opportunity of the prefling Neceflities of others, to their own Advan- tage, and grow rich and opulent upon the Spoils and Deftrudtiou of their fellow Creatures. All the Exertions of the Britifli Legiflature liave hitherto been ineftedlnal to fupprefs the Practice of exorbitant ufurious Contrads, for the Loan of Money to diftrefled Individuals. Various Stratagems are contrived by the Money Lenders, who advertife in the publick Newfpapers, to take Advantage of the Prodigal and the Unfortunate. The moft common Method, which we in- troduce here as a Caution, is to ftipulate for a Premium, vvhich they will oblige the Borrower to pay back on the Inftant, together with a year's Intereft in Advance, and then they take the Security, whether Bill, Bonds, or Aflignments of Land or Houfes, for the fpecifick Sum lent. Thus, if you apply to them for the Loan of i oo/. '"'t- a Year, they will demand a Premium or Conjideration, and if the Security is cnly perfonal, you will hardly obtain it under 20/. Having agreed to this exorbitant Demand, and your Bond or Note for 100/. being prepared, that Sum is laid before you, and you arc diredted by the Money-Lender, or his Agent, to return 20/. and 5/. for the Year's Intereft, this being done, you deliver the Security for 100/. and carry away only 75/. I): you are not ready to difcharge the Debt at the Expiration of the Year, it is poiTible, by granting a frcHi Note or Bond for \ 20/. you may obtain the L-oan of the original Sum you have received, wz. 75/. for another Year, at the End of which, you will have to pay 1 25/. including the laft Year's Intereft, which is exadtly 50/. for the Ufe of 75/. for two Years. Extravagant as the above Contradt may appear, it falls infinitely fl^ort of fome Cafes vvhich within thefe few Years have cxjme before the Courts in Wejlminjier-Hiill, for Recovery of the Securities given for Money fo lent. For in fome, very large Sums were lent to young Gentlemen of Rank and Fortune, and the greateft Part was to be taken in Goods, the Lender not hiving fo much Cafli in Hand ; the Goods were taken up of a Friend of the Lendei-, and as a young Nobleman could not know what to do with Linens, Silks, Drugs, China, &c. a third Perfon in the Confederacy, was recommended to buy them «f him, perhaps thirty per Cent, under the Eftimate at which they were delivered to him in Lieu of Cafti. In one Inftance, it appeared that a youni>- Baronet had received no more than 900/. in Cafh, Part of it being the Produce of G(jods, Eftimated at 1000/. and Sold for his Account at 700/.; for a landed Security, to repay 2000/. the Premium and the Lofs upon the Goods abforbing the Remainder. It is neceflary, however, in this Place, to inform thofc numerous Cormorants who prey upon the Neceflities of Mankind, that under a Statute of Bankruptcy a ftrid Scrutiny will be made into the Nature of the Contradls, by which they claim as Creditors, and that our prefent difcerning and upright Chancellor will not fuffer their Debts to be proved, if it appears that they arc founded on tiliirious Contradts. A Debt mm :;ia *:> n6 O F U S U R Y, y/. i:\parte Skip. 1 In. +•(>. A Debt made void by St.Untconglit not to be pcrmittciJ to be provrd, as a DAn on an uliiriou'i C'ontrad ; anil thoiigli tho Rnic (;t" the Court of ChanLCiy, is, upon a Hill to be nlicvfil af^ainft Demands of iiliirioiis Intcrcit, not to nj.ikc *iJ the wbolc Debt, but to make tlie Party pay wliat is really due ; in a (.'oinniiiiioa of Hankruptcy, tbe Allignees have a Kij;ht to iiilift tliat tbc wliole Debt is void, as an ufurioiis Contract. And unlef> the Allij^nces and other Creditors fulimit to pay >' Iiat k really due, tlie l.i^ni Cliancellor has not Power to ouler it, and Applications of this Nature iiavelurn frcipiently rcfuied. '.;xparu-r/«- ,\i;cordint;ly, where W. gave a Note of Hand withont ConTJeration, pavjblc /'*, i^/i. ■>5. to Ji. two Moniiis from tlic Date for loo/. H. indorfcs it over to 'Tbomplbi, allow in;.; a Difcouiit of a G/z/V/fv; and a Ihilf, being at tho Kate of i) per i'cnt. When the Note liee.une Due, '■Thniipfon toolc a joint Liond from tiie Drawer aail Indorfer for the too/. tbonj'Ji he paid only yS/. 8/. td. 'I'ho C(.>nimidioiicrs lu.l admitted him as a Creditor under a Ci)inn)illion a^^ainll tlie Drawer, but tiiidini' out this \-.\<.\ afterwards, tluy ordered bis Diviileml to be Hopped. '1 he !,<>rd Chancellor, upon his Petition woulil not direct him to he admitted to iiis Dividend, but ordered an llTue at Law, to try whtllier tlie Hund was ufurious. But whatever might be the Event oi" tlic liVuc diixiftcd by the Court in thii Cafe, it (liquid fecm that if the Contrad was t)ri^ii;aHy ufurious, it is void, and cannot be proved cvef. in the Hands of an iiuKiccnt Imiorfee; for upon , in Adion brought on fuch a Note, the Defendant's I'lta of Uftiry would be x a complete Bar. Cook's liiuiknipt Lii'us, 2d. Etl/t. London, 17S8. Having now feen how the Law ilands in our own Country, let us take 1 concifc View of the Regulations c(labli(heil on the Continent, to prevent tli; jjcrnitious Conlaiuenccs to Society of tiiis klfiih Vice. lU'ury is ilriillly ,irohibtcd in all C/jiijtitiii Countries, and in many. Banks have been letup, with bunds to let out on Pawns, for thofe whofe Neceriitiis Inquired inch Allillanee, and to prevent by this Means the prevailing iiiii[uitMi» Pra(;tice of Ufurcrs ; of this Number was onr ill-CjftJuC.'i'J Charitiihk Cjip^n:- tLtt here, and tliat ftill fublilling at yhnjlcrilam, under tlie Title of tlic LiiuiijiJ, as being full indituted by tliofe People, or Ihuik of' Loiinj, which is a fpacioiis Buililing erected for a Warchoul'e, in 1550, by the Overfcerji of the Poor, wlio adlgned it in 1614 to the City, for tlie i'urpofes afore-mentioned; where every one who is in want of Calli may have it, on any P.iwns he (hall bring there, ,!•; none aie rtfufed, though never fo vile or valuable, pio\iiicJ they are fakablc ; li> that cvei7 Thing will be received, from Jewels of a great Price, to the Iwll Particular of Cloathsor Furniture; and the Intereft on the Loan is paid 111 the following Manner, viz. For xsiiat is under 100 GuiliLn, a Pcimiiig per GuiJJ:r is paid Weekly, w'ulIi if> after tlie Rate of 16 \-i^\\\ per Cent, per ylniiuw. i'rom 100 to 500, is paid an Intereil of (xper Cent, per Annum. From 500 to 3000, there is paid r per Cent, per Annum. A'ld from 3000 to 10,000, or above, only 4 per Cent, per Annum is paid. Whoever have brought in their Ivttects may retrieve them wliencver they pkvJ'e, on returning the Sum they have receivcil, with the Interell to t!ie Day of their taking them back ; though witli this L.vception, that p*^ the Iiucreit is to be paid Monthly, that of tlie Month entered on mull be fatisficd; but i) avoid this, the Debtor mull take Care to free his Goods exadtly at the Month i End. If thofc, who have brought in their Pawns, negltd to free them at the Expi- ration of a ^'car and lix Weeks, or that they do not prolong the Time of Pay- ment, by latisfying the Interell of the pall Year, the Loml'iird fells them bv Audion, and relervcs what they produce more inan the Sum lent. Charges and Interell dedudled, at tljc Difpofition of the Proprietoia ; but if they do nut reclaim the Hiid Surplus in a Year after, it is given to the Poor Houlcs, and taanot then by any Means be regained. For the Conveniency of thofe wlio arc defirous of being unknown, and there- fore do net Care to carry their Ettettts thcmfelves to the Lombard, there are leveral fmall Odices cliablilhcd in the City, willi tliis Infcriptiou before the ,. 6 • DoCf OF CONTRACTS, (^c. fjoor Tlii'r peatmen in ih- Pitni van Lecninge -, that is, Hire tbij go to the LoidarJ, or htnii. The People clhibhlhcd in thcl'c Offices take an Oath to the L'jmbanl, and are obhgeil to carry in there dai'y, the EfFec'ts that are hroiij;ht to them, under Fenahy of Calfation and being fined ; the Lnmbitrd n,iy,s them eight Stivers /iir every loo Ciiiilders that it lends on the Plffeds that tliiv bring in : Thcit: I'eople taite Care to carry the Goods to the Lomluird, where they pawn them in their own Names, and dehver the Money to him wlio brought them to them, with a Note from the Lombard, that contains tlic Name cf tiic t'ommiirary, tlif (^i.dity of the Thing upon which the Money is taiien, and tlie Sum advanced on it. ff tiiis Note happens to be loll, and the Proprietor would reclaim his Goods, and rcftore the Sum borrowcil, he is not believed on his bare Word, nor will the i;ffcds be lielivered to him, without his giving good Security to return thini, if it is found that the Note has been made over to another, who comes afterwards to demand them ; but if, on the Note's being loft, any one finds it, or even if it is ftole from the Owner, and he thak has found it, or Hole it, car- rios it, and demands the lltfeds, and pays the Loan before the Proprietor per- ciives that lie has loft it, tlie Lombard always delivers them to tlie Bearer, with- (Mit inquiry uhether lie is the real Proprietor or not j and the true one has for- feited the Right he had to recla-rri his EfFedts from the Bank. Tiie publick Sales mi'^" :,i this Houfe, are made during three Days in every Week. All Sor^'- ui Perfons arc admitted to the Audtionj and thofc which are known, Iiave three Months' Credit, particularly for Diamonds and other Jewels. If it happens, as in Effed it does very often, that the Goodsj Merchandife, of Jewels, brought to the Bank, have been ftolen, and their Owners have difcovered it, they may reclaim them, on proving the Theft, giving Security for their Value, and returning the Sum that has Lcen lent on them. All the Lombard's Officers are paid by the City, of which fome are eftabliftied to controul and value Clothes or Furniture, others upon Merchandife, and others upon Jewels and Pl:;re , for the Reception of which there are three Warehoufes, and the Appraifers are anfwerable for the Price at which they have valued the Things that are brougiit in ; in Cafe they are fold for Icfs than the Valuation, which they have put on them. The Sums that the Lombard have Occafion for, are ('rawn from the Money Bank, and all the Profit it produces is deftined for the Support of all, or the greatcft Part of the Hofpitals, by which Method the Bank's Ca(h, which would otherwile lie ufelefs, is of great benefit to the Poor, without the publick Security being in any refpcit concerned. Of tiiefe Lombards there were fome eftabliihed formerly in many Parts of the Loii- Cauutrics, and one particularly at Bruges in Flanders, where Money was lent on Pawns without any Intereftat allj and in feveral Cities of Italy, there were, and ftill are, feveral Banks of Charity, called Monies Pietatis, where Ca(h is lent on Pledges, for which only an Intereft of three or four per Cent, per /Itmiim is required, to pay the Salaries, &c. of the Afiiftants, and whofe Funds have been fettled by the charitable Donations of many, who have contributed largely to the Poor's Relief in this Shape j and thefe ditFerent Ways and Means have been thought of, and carried into Execution, purely to prevent that execrable Sin of Vjiiry, and common Pawn-broking j and to prevent the Calamities the Indigent futfercd from it. 417 »f: i:s !*r:' ftji>f Of Contra&s^ Bonds ^ and PromiJUory Notes. A Contract, in Latin, ContraSlus, is a Covenant, or Agreement be- tween two or more Perfons, with a lawful Co.ilideration or Cauf.-s, as when a Man makes the Sale of any thing to another, for a Sum of Money, or covenants, in Conlideration of Fifty Pounds, to make him a Lcafe of a Farm, i£c. Thefe arc good Contrafts, becaufe there is a ^id pro ^0, or one Thing for another J but. if a Perfon promifes me Twenty Shillings, and that he will be 5 O Debtor *\>i OF C O N T U A C 1 S, Lf(. ri'l p 1 f.i i if |; *' ^fr-^ ^ mI^ II Jen. >'-»"'J»- |)) J9J f/»tiW. jog. W8. I /to/, 1)1. Kcj 104. 112, ir4. &itf. Mr, I Bi.ii. 175. /'.III,/. 130, /^.ir. 1)0. ;<> L.r. 11. J49. Debtor to me for it, and after , when I liemand the Completion of his Proinilc, lie rcfiifes mt', I (.:innot h.ivc any Adtion for its Uetovcry, bccMufe tliis I'm- mile \v;\s 110 C'untrad, hut 11 hare I'romife, or AW//'// Pactum, thoii-h it any Thin;; liatl been j;iven tor tlie Twenty Shillini;«, even to the N'alue of ,1 Penny, tlicii it liail hem a ijooil C<)ntraay fct for i'aynKtit thereof, nor the I'urtlvalc is licli- vered j in tluie C'ales no Action will lie for the Money, 01 the Thing li.>lii, but it may be Ibid to another. All Contracts are to be certain, jH'rftv't, and compL-te : For an A^,rccmcnt to give fo much for a Thing, as it Hiall be realbiiably worth, is void for Umtr- tainty ; l"o a Promife to p.iy Money in a lliort Time, c'f. or to give to imuli if he likes the Tiling when he fees it. But if I contrait with another to give him ten Pouuils for liith a Thing, if I like it on feeing it -, this Bargain is faid t .> be porfect -M my Plcallnc, though I may not take the Thing before 1 have paid the Mjuc ' ; If I do, the SciLr iii.iv have Trefpals againfl me; and if he lell it to another, I may bring Actiun ui' the Call- li^aind him. If a (-"crion agree with another to give fo much fi)r his Ilorfe as y/. U. (hail judge him to be worth ; when he hath jud^^ed it. tlie Cjiitiacl is complete, aiu! an Action will lie on it, and the Buyer (Ir.ili have :i realbn.'.ble Time to dv-ni3!ul the Judgement of ,-7. 7>. but, if he ilies before hi-. Judgement is given, thcCW;- trad is determined. In C''i:ti\.h, the Tunc i-. to be regarded, in and from which the Coin'rnit is made : 'i'he Words ihall be taken, in the common ulual Scnle, as they arc taken in that Place where fpokcn ; and the Law doth not 1.) maeh look upon the Form of Wordi, ai on the Subllance and Minds of tiic Parlies therein. A Conti\iil for (Jiwds may be made as well by Word of Mouth, as by Deed \'.\ Writing; and wheic it is in W'ritng only, not fealed and delivered, itist!ie fimc as by Word ; but if the C'j/ifrnJ be by Writings fe.ded and deli\ead, and fo fuined into a Deed, then it is of another Nature, and in this Cafe gciieraliy the Artion wi i!ie ve.bal CcKlrucl is gone, and foinc other AClioa lies lor Urcaeh thereof. Cmitraci', not to be performed in a ^'car, arc to be in Writin:; ligned bv the Party, ii:c. v.r no Aiftion may be brought on them; but, if no \J^-^ r. I'e:, i;r ilis Time is uncertain, tliey may be good witiiout it. And by the fame Statute, no C'.iUnict for the Sale of CJootls, for ten Pounds or upwards, IhuU be grc iHit to be rcjiilleil, if they can liy any Means !)e reiliited to a C'crtaintv. r. AVw /l/iriJ^, of C.iiJ?s in E'piity, if)8. — But I'roniifes are ncjt valid, if the C'oiifuieration he againft Law : And where there are I'raiids in Contracts, an Attiuii on the Cale will lie. Chirkc's if it. of Com. Laiv. Con 1 KACTs and Atiui kmunts arc in many Cafes of the fame Signification, ;i,s this latter in its [.uliu iJcrivation, .'Is/t-nuntum, or A'^grt'giitio Mcntiiim, fcems tDixjircfs, figiiitying a joining together of two or more Minds, in any Thing deiK', or to be done ; and lioNDs are Deeds, or obligatory Inltrimients in Writing, whereby one doth ho.Oi'.f: hind liiniklf to another, to pay a Sum t>f Money, or do fomc other Adt ; as to iii.ikc a Hileali;, fiirremkr an lirtate fcjr (luiet I'-njoymcnt, to Hand to an Award, liive h.irnikfs iKrfonn a Will, Cj'i. It contains an Obligation with a Penalty j ( aiul a Condition, which txprefsly mentions what Money is to be paid, or other 'lhin;_; to be performai, and thj liniiicd Time for the Performance thereof, for which the Obliiation is pcremjitorily binding ; it may be made on Parchment or r.ipir. iluly il nipetl, though it is nfually on the latter, and be cither in the fiift, or third IViiiii; and the Condition iniy be either in the fame Deed, or in .aauhcr, and Ibnietimcs it is included within, and fometimes cndorfed upon tlie Obligation, thou.jh it is comnK)nly at the Foot of it. A Mi//:.i\i>itl/im un {he Back of a Bond may rtftrain the fame, by Way of a; <«&;;, Exception. A Ik)ui may bo by any Words, in a Writing fcalcd and delivered, wherein i W*/, ^h, a Man doth dccl.irc himlelf to have another Man's Money, or to be indebted '♦'''' to him ; but ilie I'lIc Form of making it, is that which is moll ufed. If a/?WK' thus, Knciii' oil Mi'n by tbcj: prejlnts, tku I \. B. am /loundsl'"- toL'. D. in the t>:im of, (x.Q. for Prymvnt of ivhich I give full Poiver to him to^' ^^'^' I Ai the feme upon the Prof.ts nf fuch L.,:nds yearly, till it be fold : In thia Cafe, the OM^fiV may fue iponthc Obligation, or levy tbc Money according to the fiid Claiife. Wlie.-e a Bond is made, ohligo ///.•, &c. leaving out the Words, ITreredes, Djn ij. y.x^nilorei, ct yldniinijlratons, this is good, and the Executors and Adminillrators (]i:'.!l be bound thereby. An Oblig.'.ticn made to one, to the Ufc of A. B. will be good for huwR'.on.-i. ill Equity. The Condition of a Bond m\x^ be to do a Thing lawful; wherefore Bonds, . 119. riidbe fucd thereon, he is not to plead, i\';« i^i FaBum, but mufl: avoid the Bond by fpecial Pleading ; for this Bond is only voidable, and not in itfelf void. But if a Bond be made by a Feme Ccvert, flie may plead her Coverture, and loRif. 119. conclude Nov ejl factum, 6cc. her Bond being void. It' a Z?o;;nd for Payment of the Moncj', it is due prefently, and payable on Demand. But the Judges have fomcimies appointed a convenient Time for Payment, having Regard to the Diilance of Place, ai d the Time wherein the Thing inay be performed ; arid \i a Condition be made impoffible, in Rcfpo^t to Time, .is to make l^ayiKwin of Morwy on tlie 30th of February, &c. it ihall be p:uJ p.-c- lently ; and hca* the Obligation ftands fingle. Though it' a Man be bound in a BonJ with Condition to deliver fo much Corn upon the 29tli Day of hebrhiiry next following, and that Month liad then but twenty- eight Days, it hxs Ixx-n held that the Obligor ts not obliged to perform the Condition till there lomes a I^ap-Vear. Where one Is l«>und to i'" :in Ad to the Obligee himlclf, the doing it to a Stranger, by Appointment ui the Obligee, will not be a Pcrtbrmancc of tlu Condition. When no Place is meniioaed for Performance of a Condition, the Obligcr is oLligeil to find out the Perfon of the Obligee, if he be in Engldiid, aiul tender the Aloney, otherwiJe the i3ond will be forfeited. But when a Place is appointed, he need lltk no farther. And if, where no Place is limited for P.iyment of Money due on a Bond, tlie Obligor, at, or ;dtcr the Day of Payment, meets with the Obligee, and tenders him tlie Money, but he goes away to prevent it, the Obligor fhall be excufed. The Ol'iigor, or his Servant, (£c. may tender the .Money to fave the Forfeiture of the Boiiii, ajid it ihail be a good Performance of the Condition, if made to the Obligee, though refuftd by him ; yet, li the Obligor be afterwards fued, he mull plead that he is ftill ready to pay it, and tender the Money in Court. The Condition of a BonJ being for I'ayment of Money, it may be performed by giving any other Thing in Sausfadion, bccaufc the Value of Money is cer- tain, and therefore nuy be fati.shcd liy a (.oilateral Thing, if the Obligee accepts it; but if tile Condition is to do a collateral Thing, there it is otherwife, and paying .Money is no good Satisfai!tion. The Acceptance of a nev/ BonJ vi'iW noi difcharge 'the old one, as a Judge- ment may. One Bt^nJ cannot be given in Satisfaction of anotiier, but this is where given bv the Obligor hitnlelf, tor it may by others. If a Boiui be to pay Money at fuch a Time, (£c. it is no Plea for tlie Oblipr to lay, that he did pay it ; he mull ihew at what Time, or elfe it may be taken, tliat the Ptrformaiicc was alter tlie Time limited. If a Bond be of twenty ^'eara llandii)!;, and no Demand loe proved thereon, or good Caufe of lb long Forbe.i.'-ance (hsu n to the Court, upon pleading Siolcit d Diem, it fliall be intended paid. Payment of Money witliout Anpiittance, is an ill Plea to Adion of Debt upon a lingle Hill ; but it is othcrwile up.)n a Bond, witli Condition. If feveral Days are mentioned for Paynient of Money on a Bond, tlie Gbliji- tioi. is not Ibrftited, nor can be fued until all the Days arj pa'.l: But lU lome Cafes, the Obligee may profecutw for t!ie Moii.;y due by the Bond p.cfe.itiy, though it be not forfeit; and by fjecial wordin;^ tlie Condit.on, the 0^ ^f^ mV be able to luu the Penalty 011 the lirll Default. . . In OF CONTRACTS, y.-. 4^1 In a i?o«/.-gcr is liouiid to pay Money ; as if yJ. binds himlelf to 5. to be paid to y^. whereas it llwukt be to B. whicli ObHgation is good, and the Sohemlum void. Interlineation in a Bond, in a Place not material, will not make the fic/z./voij; but if it be altered in a Part material, it ihall be void. And a Bond may be void by Rafure, (Sc. as wlicre tlie Date, &c. is rafcd after Delivery, wliich goes tlirough the Whole. Such Words, whereby the Intention of the Parties may appear, are fiidicient to make the Condition of a Bond good, though they are not proper ; and it i!ull not be condrued againft the exprefs Words. If the Words in a Bond, at the End of tlic Condition, That then this ChiijiU tion to be void, are omitted, the Condition will be void, but not the Obh^atioii: But if the Words, cr clfe jl.'nll jiand in Force, be left out, it has no }L^c:\ \) . hurt either the Condition or Obligation. The Healing of any Bond or 13i!l, t.. for Money, being the Property of any one, is made i'elom-, as if the OifenJ^rs had taken other Goods of the like Value. ■ . Tie Form of a Bond for Payment of Money, ivitb an ObUgatim from one to one. K NOW all Men hy thcfe Prefents, that I, A. B. of the Parijh of, Sec. h: tu County of, &c. Merchant, am held and frmly bowd ti C. D. of, 6cc. int'.f County if or ef lid. Gentleman, in tico hundred Pounds, of good and lauful Mmc) 'i\ Great-Britain, to he paid to the faid C. D. or his certain Attorney, Exeadon, yldmini/lrators, or jifigns ; to -which Payment, v:ell and truly to be made, I b'ml niyfef, my Heirs, Executors, and Adminijlralors, firmly by tbefe Prefents, fhld •with my Seal. Dated the t-wenty-third Day of May, in the tii-enty-fecaiiJ 2T..r of the Reign of oui Sovereign Lord Cieorge the Third, by the Grace of G'J, cf Great-Britain, France, and Irchnd, King, Defender of the Faith, &c. am/ in the Tear of our Lord one thoufand feven hundred and eighty-two. The Condition of this Obligation is fuch, that if the above-lwund A. B. his Heirs, Executors, or Adminiftrators, do and (h.dl well and truly pay, or caufe to be paid, unto the above-named C. D. his Exe- cutors, Adminiftrators, or Aliigns, the full Sum of one hundred Pound,', of lawful Money of Great-Britain, with legal Intereft for tlie lime, on or before the twenty-third Day of No^rmber next enlliing tiie Date hereof ; then this Obligation to be void, or othcrwife to be and rcm.dn in full Force and Virtue. Sigjied, Sealed, and Delivered in the Prefence of ,.•. ' A Bond with a Condition from two to one. TZ NOW all Men by thefr Prefents, that we, A. B. of, &c. y I'-'j' above-bound their 'Hei.>. ,1V, or cauk' 'or AiVigiiS thi OF C O N T R A G r S, t?ir; l^ij the full Sum of cue hundred and fifty Pounds, of lawful Money of Grcai' Britain, with legal Intereft for the fame, on or before the, (Sc. which (hall be in the Year of our Lord, Gff . then, ^c. othcrwifc> &c. And the Conditions arc the fame from three or more to one, or when the Obligors, as well as the Obligees, are in the Plural ; as they are vice verja, when the Obligors and Obligees, vary in the Reverfe to the afore-mentioned j and I think what I have quoted is fufHcieetly clear, to enable every one to fill up a iJond fuitable to his Occalion j which I liave done with a View more for the Service (if my Country Readers, than thofe in this Metropolis, as thcfe latter may s adily furnifli themfclves with printed Bonds of all Sorts, which is not the Cafe with the others, though this Want they may fupply by a Draught themfelvcs on ftamped Paper, where they have not an Opportunity to get it done by an Attor- ney, which however I would always recommend when to be effedted, at leaft if the Cafe is any Thing more than Common. A Penal Bill for Payment of Money. KNOW all Men by thcfe Prcfents, that I, A. B. of, &cc. do oice unto C. D. of, &c. the Sum of one hundred Poutuls, of laiiful Mciny c/' Great-Britahi, to he paid unto the faid C. D. kis Executors, yldniinijirators, or ylfjigns, on or before, &c. next enfuing the Day of the Date hereof; for which Payment, well and truly to be made, I bind myfelf, my Heirs, Executors, and Adminljlrators, to the fiiJ C D. his Executors, Adminijlrators, or Afigns, in the penal Sum of two kindred Pounds, of like lawful Money, firmly by thefe pnfints. In Witncfs whereof I have hereunto fet my Hand and Seal, the, Cfc. in the Year of, &c. fealed, Cir. A fingle Bill for Payment of Money, that is, a Bill without a Penalty. KNOW all Men by thefe Prefents, that I, A. B. of, &c. do owe and am indebted to C D. of, 6cc. the Sum of one hundred Pounds, of lawful Money of Great-Britain, to be paid to the faid C. D. his Executory Adminifirators, or Ajjigns, on or before, &c. In Witnefs, Gff. Promissory Notes being obligatory like Bonds, ^c. I have thought it proper to infert them in the fame Chapter, though they are in many Rcfpeds very different ; thefe Notes are, like a Bill of Exchange, aflignable by Indorfc- mcnt, and in Cafe a Time of Payment be therein afcertained, they will bear an Intereft, provided they arc protefled within three Days after becoming due ; fb that it is beft in all Cafes to infert a certain Time of I'ayment, except wiicrt.; the Solvency of the Drawer or Debtor is doubted : The Indorfer becomes equally liable with the Drawer of thefe Notes ; and when once an indorfable cv.e, that is, payable to Order, is transferred to a third Perfon, it is no longer in the Power of the Indorfer to acquit or free the Drawer from being liable, either by Releafe, or other Inllrument in Writing, as the Property the Indoifer before had in the Note is entirely removed by his Indorfement ; in which it differs from a Bond or Obligatory Bill j for there the Obligee, after ha\ ing afligned the fime to a third Perfon, may, by Releafe or other Speciality, deftroy the Validity of the Obligation, and confequently free the Obligor from the Bur- den thereof. . , . , Tie Form of a Promiffory Note, commonly called a Note of Hand. 'T'HREE Months after Date, or on Demand, / promi/e to pay to Mr Richard Thomas, or Order, one hundred and fifty Pounds, for I'alue received, in London, '/^f 2 3(/ 5/" December, 1790. £' ifc A. B. The Indorfement Hiould be the fame as on a Bill of Exchange j and as there iirc fome Adts of Parliament in Force, which have altered tlie Qir.ility of thefe 6 Note* b mi] m }' l 424 O I< CONTRACT S, £ff<-. Notes and inland Bills, from what they were formerly, I ihall give an Abrtnci: of them there, without feparating what relates to the one from tl»at coiicc-ri.ir.T the other, as I deem this Method the moft proper ; more L-fpccially as I ihall ioo!i proceed to treat of Inland Bills. (jnnil 10 If. All Bills of Exchange drawn in, or dated from any Place in Fji^Jivid, &c. for Ml.^Cap. i7'thg Su,ji of 5/. or up^vards, upon any Perfon in London, or any oilier Place, in which Bills the Value fhall be expreflcd to be received, drawn payable at a certain Number of Days, &c. after the Date thereof, may after Acceptance, which fliall be by Underwriting under the Party's Hand, and the Expiration of three Days after the fame fliall be due, be protcftcd by a Notary Publick, or, in Default of fuch Notary Publick, by any other fubltantial Perfon of the Place, before two Witnefles, Kefufal or Negledt being firft made of due Pay. ment ; which Proteft fhall be made under a Copy of the faid Bill, in the Form following : J^'NOW all Men, that I A. B. on the D.iy of at •**• the ufual Place of Abode of the faid have demanded fa\. ment of the Bill, of -which the above is the Copy, "which the fiid did not pay -, "wherefore I, the faid do hereby protcjl the faid Bill. Dated at this Day of Which Proteft fhall be notified within fourteen Days after, to the Party from whom the Bills were received, who, upon producing uich Proteft, is to repay the faid Bill, with Intereft and Charges from the proterting ; for which Protcll there fliall not be paid above Six-pence ; and in Default of fuch Proteft ; or due Notice within the Days limited, tiie Perfon fo failing fliall be liable to all Colls, Damages, and Intereft. S. 'y If any fuch Inland Bills be loft or mifcarry within the Time limited for Pay- ment of ^he furic, the Draw er of" the faid Bills (hall give other Bills of tlie fame Tenor, Secu'-ity being given, if demanded, to indemnify him, in Cafe the faid Bills fo loft or mifcarricd, be found again. All Notes figned by any Perfon or Perfons, Body Politick or Corporate, or by the Servant or Agent of any Corporation, Banker, Goldfmith, Merchant, or T'ader, who is ufually intrufted by them to fign fuch Promilfory Notes for them, whereby fuch Perfons, (Sc. fhall promife to pay any other Perfon, (Sc. or Order, or Bearer, the Money mentioned in fuch Note, fliall be conftrued to be, by Virtue thereof, due and payable to fuch Perfon, &c. to whom the fame is niadi payable. And alfo fuch Note payable to fuch Perfon, &c. or Order, iliall be aflignablc over in Manner as Inland Bills of Exchange are, by Cuftom of Mer- chants J and the Perfon, Qfc. to whom fuch Money is payable, may maintain an Adtion for the. fame, as they might upon fuch Bills of Exchange. And the Perfon, &c. to whom fuch Note fo payable to Order is ailigned or indoi lid, may maintain an Adtion againft the Perfon, fisff. who ligncd, or any whu indorkJ the frme, as in Cafes of Inland Bills, and recover Damages and Cofts of Suit; and in Cafe of Nonfuit, or Verdidt againft the Plaintiff, the Defendant llull recover Cofts. Such Adlions fliall be brought within the Time appointed for bringing Ac- tions, />fr 21 ^..r. I, Cap. it. for Limitation of yklions. No Body Politick fliall have Power to give out Notes, other than tlicy might before this Adt. In Cafe the Party, en whom an Inland Bill of Exchange fliall be drawn, (liaU refufe to accept the fame, by underwriting the fame, the Party to wliom payable fliall caufe fuch Bill tci be protefted for Non-acceptance, as in Cafe of foreign Bills, for which Proteft fliall be paid zs. and no more. No Acceptance of fuch Inland Bill fliall charge any Perfon, unlcfs under- written or indorfed ; and if not fo underwritten or indorfcd, no Drawer to pay Cofts, Damages, or Intereft, unlefs Proteft be made for Non-Acceptan e, and, within fourteen Days after Proteft, the fame be fciit, 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 Bill be accepted, and not paid within three Days after due, no Drawer fliall pay Cofts, Damages, or Intereft thereon, ui'.Icis Proteft 3 and 4 Ann. Cap. 9. 5). I, S. 2. S.j. *^' % n Abib i.;t :oiiccrr.',r.7 [ Ihall loon if, &c. for r Place, in lyabli at a Uceptance, Expiration y Fublick, rfoii of the f due Pay- n the Form at landed Pcr- thefdid Bill. ; Party from ;, is to repay 'hicli Protcll teft 5 or due CO all Colls, ited for Pay- of the fame Cale the laid rporate, or by VIcrthant, or )tes for them, or Order, :d to be, by line is made cr, ihall be oin of Mer- ay maintain And the idorlcd, may vho indorlcd orts of Suit; ff^ndaut M\ lie |)ringing .V- they might [drawn, flwl^ Ihom payable Ife of foreign Inlefs under- |awer to pay ptaii 'C, and, tcreof given, at his ufual |vitliiu three Protcll OF CONTRACTS, £rV. Protcft be made and font, or Notice given as aforcfaid ; ncvcrtlielcfs the Drawei'i fliall he liable to Payment of Cofls, Damages and Intcrcft, if any one Protcll be made for Non-acceptance, or Non-payment, and Notice be fent, given, or left. No fiich Protcll fliall be ncceflary for Non-payment, unlcls the Value be expreffed in fuch a Hill, to be received, and unlefs the Bill be drawn for 20/. or upwards, and the Proteft Ihall be made for Non-acceptance by Pcrfons appointed fcr()irill. III. Cap. 17. If any Perlbn accept fuch Bill of Exchange in Satisfxdllon of any fiirmer Debt, the fune Ih.tll be clleenied a full Payment, if he dotli /lot ufe his Endeavour to get the fame accepted and paid, and make his Proteft for Non-acceptance or Non- payment. Notliing herein fliall difcharge any Reniedy that finy Perfon may have againll: the Drawer, Acceptor, or Indorfer of fuch Bill. This Aift fliall continue for three Years. Made perpetual by 7 yliw. Cap. 25. Stat. 15 Gcs. III. Chap. 51. After reciting, that various Notes, Bills of Exchange, and Draughts for Money for very fmall Sums, had for Ion -: Time pall been circulated or negociated in Lieu of Cafli, in Englanil, to the i,'.eat prejudice of Trade and publick Credit ; and many of fuch Bills and Draughts being payable under certain Terms and Reftridlions, which the poorer Sort of Manufadturers, Artificers, Labourers, and others could not comply with, without being fubjeft to great Extortion and Abufe, Enatis — i^eiil. I. That all Notes, Bills, Draughts, or Undertakings being negotiable for Payment of any Money, lefs than 26 Sbiflings, fliall be void. Seft. 2. If any Perfon, by any Means whatever, publifli or negociate any fuch Notes, (3c. or on which lefs than ios. fliall be due, he fliall pay 20/. or not lefs than 5/. Stat, ly Geo. III. Chap. 30. After reciting the above A(5l of 15 Geo. III. Chap. 51. and that the fame had been attended with very lalutary Etfedls j and that in Cafe the Provifions thereof were extended to a farther Sum, the good Purpofes of it would be further advanced, EnnSfs — Sedl. I. That all Notes, &c. negotiable for 20T. or above, and lefs than 5/. that fliall remain undifcharged, and made within England, after i Jan, J 778, fliall fpecify the Names and Places of Abode of the refpedtive Perfons» to whom, or to whofe Order, the fame fliall be made payable, and fliall be dated before, or when drawn, and not on any fubfequent Day, and be payable within 2 1 Days after their Date, and not negotiable alter the Time of Payment ; and every Indorfement (hall be before Time of Payment, and be dated at, or not before the Time of making thereof; and fliall fpecify the Name and Place of Abode of the Perfon to vhom, or to whole Order, the Money is to be paid j and that the figning of every fuch Note, Gfc. and Indorfement fliall be attelled by a Witnefs, and drawn as follows : Leeds, 20 Nov. 1777. Twenty Days after Date, I promlfe to pay James ILitky, of Fleet-Street, London, Holier, or his Order, the Sum of four Pounds ten Shillings, for Value received by •- C barks J ebb. £. 4 10 o. Witnefs , ' ^; Richard Bunn. . _ And the Indorfement Toties ^oties. Norwicl), 31 May, 1778. Twenty-one Days afte." Date, pay to yohn Trott, of Fetter-Lane, Londorit or his Order, the Sum of Two Pounds and Two Shillings, Value received, av advifed by William Holt, To Matthew Wilks, of Shorediub, in the County of Middlifex. Witnefs Mary Munf. - » - - • . And the Indorfement Toties ^oties. 425 S. 6. s. R. S. 91 »^ m f- s a. I*fty \^\ Hi 1! m 1 M 1 II H m 'IP" t hJs if; ' ■ M '1 426 OF, BILLS Ol' KXCIIANGF. L}c, 1 5 March, nil- Pay the Contents to Ticrijamin Hopkins, of GuildljaH, London, or his Order. Witnels John Trolt, Cbrijlopbcr Co'upcn And that all Notes, &c. as hcfove, or in wKich 20s. or al)ove, and le(s tlia an 5/. fhall be undillharged, and iffued within Eng/arJ, at the Time at'orelaid, ui any other Manner, and alfc every Indoricment fliall be void. Sedl. 2. Publidiing or negociating in EngUinJ, any Note, Cfc. of or under ihe above Value, made in any othci Manner than hereby perniitti.d ; and ,iifo negociating fuch laft mentioned Note, Cc. after the Time aforeiaid, is prohi- bited under the like Penalties and Forfeitures, and to be recovered and applied as by \^Geo. III. Chap. 51. Sed. 3, Gff. is directed. * Sedt. 2. That all Notes, &c. iflued before i Jan. 177S, to be payable within England on Demand j and recoverable as diredled by the Adl with Refpcft to Notes, Off. ilTued before 24 June, 1775. and all Matters contained in 15 Ceo. in. are to be in Force in England is to Notes, £?<-. ilTued after i Jan. 1778, and previous thereto. Sedl. 3. Both Adts are to continue not only for che Refidue of five Years, ia tlie former Adt, but alfo for the further Time of five Years. Of Bills of Exchange ; and concerning the crofs ones of Europe, known to Foreigners under the Denomi- nation of Arbitrations of Exchange, THE original Traffick of Mankind, by Way of Barter, becoming trouble- fome, Neceflity led them to the Invention of fome more eafy Manuer of continuing their Commerce j and nothing being found fo v,o.Timodious a Medium us Mone\', this was many ages fince adopted to carry on their Commerciil Tranladtions, firft by the Hebrews, ther» by the Romans, and fince continued and improved by almoft every civilized Nation ; and for the ftill greater Con- veniency 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 h^ivy than baler ones -, and this Method being generally approved of and pradtjicj by mofl: trading People, they by Degrees fell into an Improvement even of this, and fubftituted Remittances and Exchanges by Bills, to fave the Expeiice, Rifque, and Trouble, v/hich the Tranfport of Money from one Kingdom tj another occafioned. "Wit Jews, baniflaed France in the Reigns of P/bi/ip ylugujl •and P/jl/'p le Long, are fuppofed by fome, to have been the original Inventors of it : v/hilft otlicrs, with greater Appearance of Probability, aflign the Con- ti ivance to the Gi/wlins, on their being expelled Italy by the Fadtion of the Guclphs; though the Motives given for both are the fame, viz. their Endeavours to withdraw their abl'conded EfFcdts with the Secrecy neceffary to prevent their Confifcation ; and to this Purpofc they gave Bills on their private Friends to Ibreign Merchants on the Sums agreed on, and thefe were regulated by the different Value of the Coins exchanged; and as many of thefe Bills came back unpaid, it gave liirth to the Charge of Re-Exchange, firft begun by the aforcfiiid Lombards, and thefe, after different Modifications, fixed it into a Branch of Bufmcfs , They retired, on their firll Expulfion from Italy, to Lyons in I' ranee, and from thence fpread thcmfelves into many other trading Cities ot that, and other Kingdoms of Europe j and there is ftill a Street in Paris bearing their Name, from its having been a Quarter where the greateft Part of them rcfidcd, for c.irrying on their Banking Bufinefs j and it is owing to the fame Rca- loii, and to perpetuate die Memory of the great Buiinefs exercifed there by theli People, * Whi1.l1 ik by rumiiuir/ Proceeding before i j«(iice «f Peate. r1^7 I ■, I" E OF BILLS OF EXCHANGE. yy IJills, wlien Money is deUvered fimplv in Eu7lancl, and Hills received for the Re-paymcnt of the fame iji fome other Country cither within or without tlic Realm, at a Price certain, and agreed upon between tlie Merchant and the Deliverer ; 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 arc calleil imaginary. Having thus far prcniifed and fhewn tiic Original and Nature of Exxhange', I fliall delcend to Particvdars, and endeavour, in tlie clearefl Manner I can, to inform my Reader of every Circuniilance necclfary to be known in tlie Circuii- tion of BUls 5 ii.id of all Steps to be talccn towards their Recovery ; of their Form, current Courfes, and the Laws concerning them, both here and in every other Part of Europe ; that this nice Branch of Commerce may be rendered inore iiuci. ligible, and he better underllood than it commonly is, or can be, except duly ex. plair.ed : As Cuftoms in their Formation, Times of running, and falling due, Days of Grace, ©'r. are almoft as various as each European Nation is from another ; and as I confider this to be the moft intricate Part of mercantile Literature, f rtiall be as cxtenfivc in my Sentiments and Quotations about it as the Nature of the Thing requires, without fearing the Cenfure of my Readers for Prolixity, which hovsever I fhall endeavour to avoid incurring, and be as concife as my Capacity will permit, without curtailing what is neceflary to be faid on 10 im- portant a Subject. A Bill of Exchange is commonly drawn on a fmall Piece of Paper, and com- prifcd in two or three Lines, being fo noble anu excellent, that though it can- not properly, as is conceived, be called a Speciality, becaufe it wanteth thofe /i;,»;»A Ad- formalities, which by the common Law of England are thereunto required, Mce, ag • ^g gggj^ Delivery, and Witnefles ; yet it is equivalent thereunto, if not beyond, or exceeding any Sjicciality or Bond in its Punftuality and Precife Payment; for if once accepted, it muft be paid when due, otherwife the Acceptor lofes his Credit. There arc ordinarily four Perfons requifite in making an Exchange, belidcs the Broker, viz. two at the Place where the Money is taken up, and two where it is payable ; as 1 11, the Deliverer, Giver, Remitter, or Negociator, being the Perfon who delivers the Money — zdly, the 'Taker or Drawer, who receives or takes up the Money by Exchange— 3dly, the Party who is to pay the Money in Virtue of the Bill drawn on him, commonly termed the Acciptant — 4thly, the Perfon to whom the Bill is made payable, and is to receive it, called the Vop^tr or Holder of it. But fometimes only three are concerned in an Exchange, viz. the Drawer, the Deliverer, who has the Bill made payable to himfclf or Order, and Value of him, and the Party that is to pay it, the Deliverer carrying it himfelf and receiving it. Ditto, P. 4. There is likewife anotlier Way, wliercin only three are neceflary, as ift, the Drawer, zdly, the Party on whom it is drawn, and 3dly he to whom it is pay- able ; for the Drawer having Money in his Hands belonging to the Perfon in whofe Favour the Bill is drawn, confcfles \'alue received in his own Hr.ads, and charges it to his Friend or Factor, p.iyablc to his Creditor. And there is yet one Way more, wliercin Monies may be remitted only with the Intervention of three Pcrfonj, ift, rhe Taker, adly, the Deliverer, and 3dly, the t^crty to whom payable, as thus : If I was at Exon, and intended *c London, I would take up Money there, and give Bills of Exchange for ihe fame, drawn on myfclf, payable to whom the Deliverer Ihould appoint in 1 own. Money may Hkcwife be exchanged between two Perfons only, viz. the Dra-d'cr and he on Wiiom it is drawn j the Drawer making a Bill of Exchange payable tu Hthirti'i MiT(lianl*« M:ip of Coin niercc and OF BILLS OF EXCHANGE, Uc. 4^9 to himfelf or Order for Value in himfelf, fiibfcribcs the Bill, and dire^s it id the Party that owes him Money, ami is to pay it by Exchange ; by which Bill, wiien he on whom it is drawn hath accepted it, he becometh Debtor to the Drawer, and this latter, before the Bill falls due, doth negociate it with another Man, ?nd by this Means draws the Money in at the Place of his Refi- dtiicc, and makes only an Aflignment on the Bill, payable to him of whom he hath received the Value. All thefe Methods df Exchanges are termed real Exchange, and fome or all cf them will naturally occur to a Man in BuHnefs ; therefore the better to con- dudl my Reader to a perfcdt Underftanding of them, he ou^ht to be acquainte.l, that as the Monies and Species of almoll every Nation differ, not only in their current Prices, but in their intrinfick Value, there is a juft and certain Par tftiblilhed between them, according to the real and effcdtive worth of each Spe- tits, without any R^^rd had to their currency in the Countries where tncy are coined ; and the Par is by fome Authors fuppofed to be of two Sorts, vi:^. the one of real Monies, and the other of Excnangcs, or imaginary Species, tliough both fecm to be the fame Thing, as having a neceir.iry Dependence upon each other. By the Par of real Monies is to be underftood, Tlbe Ejuality of the intrinfck Value of the real Species of any Country with thofe of another ; and by that of Exchanges, the Proportion that the imaginary Monies of any Country hear to tbofe of another. So that the Rife and Fall of an Exchange muft be attributed eitlicr to the current Price of the Coins of any Country, or to an extraordinary De- mand in one Place for Money in another, or fometimes it is owing to both ; and I think it may cafily be proved from the very Etymology of the Word Ex- change, that the variation of the current Coins or Monies of any Country in a Manner conftitutes and gives it Beingi at leaft has a very great Influence on it, as it is only, according to thd aforefaid Definition^ a Bartering or Exchanging the Money of one Kingdom with that of another, which is always efFedtcd by the Intervention of two or three Lines of Writing on a Slip of Paper, as I have mentioned before ; and I fliall now proceed to /hew what tlie Obligation of every one is who may be concerned in it; /. ^ I ft, of the Draivtr, who in treating about, or negociating a Bill of Exchange, muft 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 Cadi and Credit, though without an Impeachment of either he may do his Bufinefs, although fomething under the very Height of the Courfe, as this can- not always be obtained by every one ; therefore when a Drawer is not notori- oufly under the Mark, he will tranfad his Affairs with Reputation } and if his Ible View in drawing proceeds from a Profpedt of Advantage, without any Mixture of NeccfTity, he may watch his JundlUrc for fucceeding in his Defigns by regulating his Draughts or Remittances according to the Plenty or Scarcity of Money or Bills. 2. If, in negociating a Bill of Exchange, only the Price is mentioned withoiit any other Conditions, they fhall in this Cafe be conftrued to be fuch as the Ciifloms of the Place to which the Bill is diredted ordinarily allow of, in all Refpcds. 3. A Drawer ought to obfervc before he fubfcribes a Bill, and the Remitter before he fends it away, that it be well and truly made, with all the neceflary Rtquifites fully exprclied in it, which I fhall here hint for their Government ; and I ft, it ought to have its Date rightly and clearly expreffed — 2dly, that it names the Place where it was made and concluded on — 3dly, that the Sum be cxprefTed fo diltindtly both in Words and Figures, that no Exceptions can be taken againft it — 4thly, that the Payment thereof be ordered and commanded — 5thly, that the Time of Payment be not dubiouQy cxprclFed, nor fooncr or later than has been agreed on — 6thly, the Remitter mull cfpecial'/ obferve that the Name of the Perfon to whom Payment is to be made, be well and truly Ipelled; or if it be made to his Order, that thofe Words be clearly written— jtjily and 8thly, he mufl alio obferye if his Name be therein, and the Value ut him 5 R received (,ii m\ t t li ;a#> J. Mariti, i-. li. or B 1 I. I, S 1' F X C H A N G V, (i<. received be exiiallai — ()thl ^ lie muft ohfrrvc tlut tlic Bill be fuhfcribL-il by the Or.iwcr — lolhly, tlic Drawer miirt piincijiaMy look to the Dirc^-'lion of the Hill, that it be true and dircdtcd to the right Pcrfon — i ithly, they iiiuft both obfcrve, that the I'lace wherein the I'ayinent iniift be made, and the Coin, or Spcei^s whcrciti it mull be paid, be fully exprclFed in thv Supcrfeription or Body o " th^ Bill : And if a Dra.vcr draws upon one who lives not at the IMaca where the Bill is intended to be paid, then the Remitter mullobferve, that as well the Place where the Fcrlbn lives that it> to pay, us the Place where the Payment mull bj made, be cxprcfltd. 4. A Drawer adls 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 Orca- ficn of Millakes ; therefore if two Bills fur one thoufand Dollars are agreed for, it is better to make them for unequal Sums, than five hundred each. 5. It is a Cuftom in England tor the Drawer to deliver only the firft Billon the Day of A;;recmcnt, and to recover on the 2d and 3d, which are fent to the Remitter for Payment before the next Port goes out ; and a Drawer fhoidd always obferve to note how mmy Bills he gives, left by a repeated Lofs he llioulj be led into an Error through forgctfulnefs, and give the Duplicate of one he iuj given before. 6. Generally, in all Bills of Exchange, the Drawer is bound to the Perfon from whom the Value is received; as the Acceptor is to him to whom it is made payable; for although the Piawer and Acceptor are bo;h bound in the Bill, anj both equally liable for the Payment thereof, yet they arc not commonly bot!i bound to one Man ; I i:\y commonly, for if the Taker of the Bill be Servant to the Party to whom the Bill is payable, then indeed the Drawer may be faid to be bound to the Party to whom it is payable, as well as the Acceptor; or if he who pays the Value be the Principal, and he remits his own Money by Exchange, payable to his Agent, in this Cale likewife, both Drawer and Acceptor may be faid to be bound to the Purchafer of the Bill ; but for the generality, in Sums remitted and drawn between Merchant and Merchant, it is otherwile, as the Drawer is properly bound to one, and the Acceptor to another, though both of them are liable till the Bill be fatisfied ; fo that if the acceptw-d Bill be not paid at the Time, and Proteft made for Non-Payment, and trure be Occafion to commence a Suit in Law againft the Drawer, it mufl be entered in the Name of the Party from whom the Value was received ; and in like Manner, if a Suit be commenced againft the Acceptor, it mult be made and profecuted in the Name of him to whom the Bill is made payable; for proba- bly the Drawer takes no gre-vt Notice to whom it is made payable, being direded therein by the Perfon that takes the Bill ; neither doth he who accepts the Bill much re^^ard the Purchafer of it, but only re^jarding the Party who drew it, with whom he correfponds, and him to whom it is made payable, to whom by bis Acceptance he binds himfclf for the Payment ; and fo likewife where there are any AlTignments on Bills ncgociated, always the Party that receives the Value is diredly bound to him of whom he hath received it, and the Acceptor to the lafl alTigned. 7. If a Merchant after accepting a Bill of Exchange, becomes infolvent, or hath done or fufFered any thing publickly againft his Credit, in the Interim before tlje Bill under his Acceptance falls due, the Holder, on hearing fuch a Report, fhould by a Notary demand of the Acceptor a better Security, and on not obuin- ing it, caufc a Proteit 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 Security from the Drawer ; and when t^e Bill is due, if it is not paid, another Proteft 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, Re-exchange, if the Money be redrawn, Cora- miftion, and Brokage. 8. When any Proteft is received cither for Want of Acceptance, or better Se- curity, tlie Perlbn to whom it is fent muft prefently repair with it to the Drawer or Indorier of the Bill, and upon fight thereof, he rauft give a fatisfactory Security, -M OF BILLS OF EXCHANGE, (ie. Security if his own is not fitisfadory, for Rcpayincnt of the Money irccivcd, with Kc-cxchangc and Clmrges, if it is not (wid when diiej and it ii cuftomary in futh Cafes to make a Dcpofit fuit.ibic to the VaUic, or tt) procure fome I'erfon of unexicptionable Credit to be bound for its pundtual Difchargc. 0. It is cunoniary, as I havccbfcrvcd before, for a Drawer in London todehvcr his firft Bill to the Pcrfon agreed with, on the Day of its Negotiation, and to recover on the fccond or third Bill, retained till the fucceeding Port, fo that it has foniLtimes happened through Misfortunes, though oftencr with Dcfi'/;n, that the Kcniitttr has abfcondcd or tailed before Payment, fo that the Bill arriving btfoic the Advice of the Failure or Knavery, is accepted and niuft be paid, though Equity would certainly give Relief to the Party aggrieved, in Cafe of 1 raud, provided the Deceiver cOuld be found. 10. And if the Acceptor of fuch a Bill '^xomcs infolvcnt, or refufes to pay it when due, the Drawer is obliged for its Dilchargc, with Re-cxthange, Provifion, CJf. although he has not received its Value. 11. If a Merchant draws a Bill of Exchange (or his own Account, and rcirits his Corrcfpondtnts others, or CafK to difchargc it, or orders him to revalue for its Amount, and in this laft Cafe, the Re-draughts are accepted ; though the Faftor becomes infolvent, or retires with the Money, whilll the Bill IS running on him, the Merchant (hall be obliged to p.iv the Bill returned protcfted, with all charges of Re-exchange, (ic. by which Means he fur- nilhcs not only thefe, but the Value of the Bill twice, fo that a more tharx con.mon Regard fliould be had to the Charader of the Pcrfon employed in fuch Tianfadtions. 12. If a Drawer fails before rtccivlrig Value for his Bill given, and the Rc- n "itttr hath the Bill ftill in his Hands, he (hould rcftore it to the Creditors or Truftcis of the Drawer's EfFedls j but if they refufc to admit it and infift on his performing his Contrad, he is obliged to a Compliance, and muft demand Ac- ceptance, and endeavour to procure Payment of the fame, though not till the Creditors or Truflets who urge him thereto have given him fatisfadory Secu- rity, for the Payment of Re-exchangc and incident Charges, in Cafe this Mcgociation (liouKl return with Proteft; and till they do this, they cannot oblige him to p.\y them the Value of the Bill. i^. When a Bill of Exchange is accepted, and not punctually paid when ducj a Protell for Non-payment is fo far from releafmg the Acceptor, as fome have foinurly crroneoufly thought, that it exnofcs him to the Payment of more than he was before liable j as by Acceptance ne only obliges himfelf to the Difchargc of the bum mentioned in the Bill, but under Proteft muft pay all Cofts, Damages, Intcrcfts, i^c. and for which he becomes liable to an Adion on the Cafe, as fcoii as the Proteft for Non-payment hath been made, and he may be arretted for the fame accordingly. 14. In Cafe of a Remitter's failing, before he has paid the Value, and the Pcrion to whom the Bill is drawn gets Advice of this Occurrence before Ac- ceptance, and therefore refules to accept it ; the Bill on its returning protcfted, Ihall bo paid, notwithftanding, with all Charges by the Drawer, under Proof from the Pollcflor, that he negociated the faid Bill, and paid a juft Value for it : But if the Bill be diredlly forwarded to the Perfon to whom it is made pay- .;">le i and lent him by the Remitter in Payment of a Debt he was owing him ; liien it is dubious whether the Drawer be obliged, as he has received no Value, nor the I'ofieiibr in any other Shape made the fame good. And though tht Drawer in fuch a Cafe is obliged to pay exfra of what the Remitter owes him for the Value, the Re-exchange and Charges, yet the faid Remitter ftands in^i. aebted for no more than the bare Import of the Billi nor can any Thing more be recovered of him; 15. When a Drawer adts fimply for another's Account without engaging as Surety for the Ncgociation, if the Value by any Cafualty is not received, the Lois will fiiU on hun tor whofe Account the Bills were given, unlefs the Drawer give the Remitter a Time for Payment, without advifmg his Principal thereof, or thiU he has neglcdcd to demand the Money in the cuftomary Time, Or that 43' m. !•;<• k'-i' il-t 4ji O P B 1 L L S O F F. X C H A N G E, fcfr. that the Remitter was at thr Time uf tiiiillidtinjr t!ic Aftair known to Ik \i\(v\. vent, or app.ircntly ilcilining in h s c ircunul.uRcs J in any »)f wliitli, or liniil.ir, Cal'es, the Drawer (hill lliner the Lofs, whether he received any Uenctit or not thereby, as it was (Ktadoncd by fiis crediting the Remitter. 1 6. If, through the Negligence of a Ncgociator or I'oiTciror of a liill, iIk- demanding Acceptance has been omitted or poftponeJ till tlic Diawcr h.^ failed, and the rerfiin it is drawn on, being ignorant of what has hap|Ki)C(|, »» cepts the lame when prolL-nted, his Acceptance (hall oblige him to the I'ly. nient, though pr(Kured after the Drawer's Inlblvcncy ; but if ihe Remit* cr PoiTcn'or lutli nei;lc(;k'd to demand Acceptance, beiorc the Drawer's I .iiurc, and the I'crCon to whom it is diredcd hath Advice thereof, he cannot be loiii- i'dlcd to accept the Draught, though previous to the Knowledge of the Drauir s Uislbrtuncs he hath ac(|naiiitcd him with his Intention to honour his Bill, and even aUcrwarils confcde* tlut he (hould have done it, hud it been prcluitcd, and tlie Acceptance demanded, before the Advice of the Drawer's Failure reaiiid him. 17. It is curtomary, in Lor'lon, for the Pofleflbr of a Bill to fend it, on Re- ceipt, 'o the Merchant's lioulc, on whom if is drawn, for Acceptance, and leave it there, if de(ired, till the next Day, except the I'oft goes out the lame Day it is received, which often happens from the unavoidable Irregularity ot' its Arrival, in which Cafe it (liould be accepted, or protefted. ' And in C.ili; a Bill fo left Hiould happen to be lod, or miilaid, cither by the reiluti on w liom it is drawn, or by any of his Servants to whom it was delivered, fo thjt it cannot be returned to him who left it, neither accepted nor unaccepted, iu this Cafe he who loll the Bill, if he intended to accept, or if he had accepted it, lliould give a Note under his Hand and Seal for the I'uymcnt of the Sum men- tioned, and to the Party directed in the Bill, at the Time limited, or to his Urder, u}>on Delivery of the Second, if it come in Time, or if not upon that Note, which is in all refpcds and Cafes to have the Law Privilege of a Bill of Exchange, as it is but jull and realbnable that he who hath loH another's ShecialtY, ihouiJ make it good by fome Means equivalent thereto; and in Cafe of the (aid Note bein^ rcfufed, Proteft ihould be immcuiately made i'or Non-acceptJiicc, and forwarded to the Remitter, as that for Non-payment Ihould be, though tlicre is neitiier Bill nor Note to demand it on, if tlic Contents of tlie lod Bill are nut fatished at the Time limited for Payment. iS. When any I'crfon has Bills fent him to procure tlicir Acceptance, with Directions to return them or hold them at the Orders of the Seconds, C.. and the Perlbn to whom they are fo fent either forgets or negleds to iieiiwnd Acceptance, or if he fuffcrs tlie Party on whom they are drawn to delay thar Acceptance, and the Drawers in the Interim fail, he is certainly very bi.uin;- uorthy for liis Carelofsncfs and Diiregard of complying with his Obligation, though this will not fubjedt him to a Payment of their Value ; but if lie ihouid be urged and prelied to procure Accejitance and i'aymcnt to a Bill fent him, and iJiould protradt or refer the getting it dotie, and the Acteptant, beiiii; ignorant of the Drawer's Circumftances, declares he would have accepted it, h.iu it been timely prefented, the Perfon guilty of tJiis Negledt will be obliged to nuKC good the Lo /, that has happened to hii; Correfpondcnt, purely tiirough his OmiiiJun and Carelefsnefs. 19. If an Acceptor has heard that a Drawer has failed, he ought not to ac- cept any of his Drauglits alterwards, although he may, whilll ignorant ot the Drawer's Circumilances, have promifed Honour to his Biljs ; as his lu doing may either prejudice himfelf, or a third Perlbn, which he Ihould carefully avoid, and not engage his Firm without a fulHcient Security againll all Claims and Demands, that may be made either by the Drawer himfelf, or any other in iiis Right. 20. And the Reafons are equally good againft accepting atiy Bill from a Bank- rupt Drawer, though it Ihould bear Date before the Time of his Failure, and equal th.-rein with the letter of Advice, as fraudulent Dealings are always to be fcarea in fuch Caies, and confequently to be guarded agaitill ; belidci it is nut 4 life OF B I L I. «? OF F X C H A N G E, iic. fiife touccpt .1 Hill iindfr tliclc Circumrt.inccs I inKin in Point of Law j tlicro- forc every prudent Man will he cautious to fccurc himfclt'. 21. M jny one lie driwn upon, on the Account of a third Pcrfon, and hcfore acccptiiii;, has Advice of the Drawer's ^'ailing, he ought not to accept the Uraui^ht, thouijh he has promifed the Drawer he would, as his Acceptance may be prejudicial to hitn ; for if he has not Effe(Jh in liis Hands, the I'crfoii }or whole Account it is drawn, will naturally and rcafonably fcruple tlie fatis- tvin;; the Vahu', or if he ftiould, it will be a Detriment and I.ofs to him, if the 'Jthcr has not a I'utHciency in Fland to anfwer the Mills, And he oujhf more illK/iidly to refulc Acceptance to any Bills of a Drawer who has failed, il' the I'crlbn, for whole Account the fame is drawn, advilis -^f the Drawer's Infol- vency, or on Sufpicion of its Approach, hath forbidden the Acceptant to accept any of the Drawer's Hills for his Account, although he may have directed the Acceptance of them before. i.z. When any Drawer fails, the Acceptor is not obliged to give better Se- curity for Payment, but the Pofl"cll()r muft have Patience till the Hill fdls due, before he has any Demand on the Acceptor ; but then the Acceptor is ribliged to pay, though he accepted for the Drawer's Account, and without any EtFeds in Hand. 23. But if an Acceptor, on a Drawer's having failed, denies Payment of a Bill, the Holder is not obliged to return it witli Protell to the Place from whence it was drawn, as it is apparent that the Re-f'xchan'^cs and Charges are not reco- veraiile from the Drawer, who mull: therefore, after Protells made, be proceeded againll without Delay by Attachment, O'f. 24. If an Acceptant fails, or ablents hinifelf, the PoffelTor is obliged, as fooii as he has Notice of the truth thereof, to get a Protcft made by a Notary Pu- blick in due Time, and to fend the fame, with the Bill, to the Remitter, that he may procure Satistliftion from the Drawer; and Advice fliould not only be immediately given to him, but even to the laft Indorfer, that every one concerned may be acquainted with the Occurrence, and the Drawer thereby impowercd to order Ibme other to pay his Bill if he pleafes, and thereby prevent the LoiTcs which Re-exchmgcs bring with them. 25. If tiie Holder of a Bill, either through Negligence, Ignorance of the C'ullom, or of the Acceptor's Failure, or that becaule the Bill did not come to Hand till after it was due, or from any other Caufe or Motive, did not, or could not, have it protcfted by a Notary Publick, nor fend it away either before, or after it was due, till jirobably after the laft Refpitc D.iy ; yet this Negligence or Ig- ncrance doth not hinder the PolfeHbr's having Redrcfs on the Drawer and Indorfer, although the Acceptant failed before it came due. 26. When an Acceptor tails before the Day of Payment, and the Bill is made payable to Order, tiie I'orTctTor rtiould, as foon as poflible, get a Protclt made, .uui lc;it to the firll Remitter, though he mult retain the Bill till it falls due, that ill Cafe the Drawer (iu-uld think proper to order the Payment of his Bill by any other, the PollL-nbr may be ready to receive it. 27. If when an Acceptor has failed, any other offers to accept and pay the liill for liie Honour of the Drawers or of any Indorler, the Polleffor is not obliged to admit the Oflcr, if he has any Reafon to ftifjioilt the Circumftanccs of the I'trlbn who makes it ; but if he has not, or if the fiid Pcrfon will give futlicient Security for his Compliance, the Holder cannot refufe it. 28. Though it ihould be remembered that it is not fafc to accept a Bill, whole hrll Acceptor has failed, but under Protell declarative of the Motives to it, vsliicii I'roteli lliould be immediately lent to the Drawer, or to him for whole Account it is accepted, witli the Notary's Attctatlou of its being accepted for his Honour. 29. 'I'hongh the Failure of an Acceptor be certainly known, and even acknow- ledged by the Drawer himfelf, yet this latter is not' obliged to give any Satif- faction or Security to the Remitter till he produces the I'rotcll j but if this is fent witliout the Bills, or the Bills without that, or both Bills and Protcft are returned together, and thtle, or eitiicr of them ihcwn to the - Drawer, he is obliged 433 %\ f .\ 4H !-l,. OF BILLS OF EXCMANGt, L*e. X)bli;^ed to give immediate Satisfaftion, or Caution for the Payment of Re-ex- chaiigc and Charges ; though it would be imprudent in a Drawer to make Ref- titution of tiic Vahic received, or of the Re-exchange and Cl'..".rges, only upon produing a Protill for tlie Accoptant's Infolvency j but upon piwducing tiiis, and a Requifuion thavto, he ihould give Securit)' for the Payment thereof, at the Place where it is made paya!)le, provided it can be done in Time j if not, for the Re-exchange, when the Bill that was accepted by the infolvent Perfon rtvdl be produced; and till the faid Bil' be produced, he need not reftorc nor lepay any Tiling, without fufHcient Security to deliver the Bill, and a full Difcharge fioni all future Demands ; and to make Reilitution thcreol with Intereft, in Cafe the faid Bill be paid to luiy Pcnon, Jupni I'roteft. But if there is not Time enough to Older tlie Bill's Difcharge at the Phice it was drawn on, the Drawer ir.i:!> give the Remitttr Security to pay it at :/)a: it was drawn from, as foon as it be- comes due. 30. The Drawer or Indorfer is as mucli obliged to the Pofllflbr of a Bill, pro- tcrif.d for an Acceptor's Infolvency, as tliey would be if the Bill was protelkd for Non-acceptance. ji. \\ hen a Perfon is drawn upon and remitted to, in Bills payable to him- felt, and bath advi'ed that he has accepted tlie Draught, if he fails before the Hills become due, the Lofs mull fall upon the Drawer, or upon him for whole Account he drew, and he will be obliged to make good the Rc-exchan;ie and Charges, though it be not protellcd in due Form and Courfe; but if he fiilscn 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 h protcllcd within the Days of Rcfpitc. 32. When a Bill is drawn for the Account of a third Perfon, and is accepted according to its Tenor for his Account, and he fails without making Provifion tor its Payment, the Acceptor is obliged to difcharge his accepted Draught, witiiout having any Rcdrcfs againfl: the Drawer. 33. If a Perfon on whom a Bill is drawn fcruples the accepting of it for the Account of him it is advifed to be drawn for, or if through Want of Advice he is ignorant for whofe Account it is dra\/n, he may accept the (Mnc,/upra Protcll, if he pleafes, for the Account and Honour of the Drawer. 34. When a Bill is made payable to Order, and indorfed by a fubflantial Man, before Acceptance be demanded, and thf Acceptor fcruples to accept it for Ac- count of the Drawer, or for the Account of hiiu it is drawn for, he may, it he thinks proper, do h fupra Protell, for the Honour of the Indorlirr j and in this Calc, he mult firil have a t'ormal ProteA made for Non-acceptance, and ihould fend it without Del.iy to the faid Indorfer, for whofe Honour and Account he hath accepted the Bill. 35. An Acceptance, Jhpni Proteik, obliges the Acceptor as abfolutcly to the Payment, as if no Proteft had intervened; it being inditferent to the Polidlbr of a Bill for whole Account the fame is accepted, and he hath his Redrel's and Remedy as futliciently as ever againft all the Indorfcrs and Drawers, if the Payment be not pundlualiy made by the Acceptor at the Time of its falling due. 36. The PoflelTor of a Bill mull be fatisfied and content with an Acceptance ftipra Protcll, if offered by a refponfible Perfon, as it is of no importance to bun whether it is accepted limply or under a Protell, as the Acceptor ])ays the C barges, except he had Orders from the Remitter, not to admit of lath an Acceptance, in which Cafe he ihould and ought to protell, if a funple Accep- tance is refufcd. 37. When a Bill is accepted, J'upra Proteft, and the Holder is not fatistlcd tlierewith, but by the Notary Publick and Witnclles demands a fmiplc Accep- tance, and, upon Refufal, makes a Protell ; the Acceptor, if he contiiiues re- fulvcd not to .mcpt limply and freely, ihould renounce the Acceptance he lud made, and inlill that it be fo infertcd in the Protell ; and be confidered as nub and void, as if it had never been done, othervvilc he will ad laiprudently, und luay fuifer for it. 33. Nci- OF BILLS OF F. X C II A N G E, iSc. •?H. Ncitlitr the I'olicllbr of a \Y\\\, no- lie that may demand Accepl.ince, nor aiiv third Pcrlon whatlbevcr, may accvpt a Bill of Lxchaii^e previous to a Re- fiiiiil from iiim it is drawn on, or that he cannot be found, and hath Uft no Order for the Atceplance ; in any of which Calirs, either tlie Polfclfor himfelf, or any otiier, may accc[)t it, under Trotert, after caul'nv it to be proi,:rted for N/>/tor mufl perlonally ap|)ear before a Notary I'ublick with Witnellls, \\liethcr tlie fame that prolelled the Hill or not is of no Importance, and declare that he doth a< ccpt fucli protelted Bill in Honour of tiv; Prawer, or Indorfer, C, . and that lie will fatisl'y the fame at the appointed Time ; and then he mult liihfcrihf the Bill wiih his own Hand, thus, Accepted J'upra Vroteji, in Honour cf \. B. as in;^ch obliged to give Satist'av.lion, either to tiic indorfer, for whole Honour it was accepted, jr to tlie Remittijr, as if tiic Acceptance, under Protell, had never been made. 41. If a Bill be protelted for Non-acceptance, and after being acccr;ed, fupra I'rotell, by a third Perfon, the intended Acccptant, on receiving frelli Advices and Orders, determines to accept and pay it : the .Acceptor, imder Protelf, may Uitfer it, though the Polfelfor cannot be obliged to i«& him from his Accep- tance ; and in Cale the two Acceptors agree, he that was originally dcfigned fuch, is obliged to pay him who has accepted fupra Protcft, his Commitiion, Charges, iHc. as it was by his Acceptance that the Bill was prevented from being returned protefted. 42. Any Man that will, may, fupta Protell, accept a protefted Bill for the Honour of the Drawer, or any particular Drawer, that was before accepted, fufra Protert, in Honour alfo of fome one particular, but Ivter Indoder, and the tirll Acceptor is obliged to allow of the lame, and yet remain obliged for his hrll Acceptance ; hut the lall Acceptor is obliged to pay and allow Proviiion and Charges to the lirll, for the Reafou'i aiiigned ni the |)rcceding Cale, 4;. He that accepts a \\\\\ Jnpni Protell, puts himlge, )ct lutli iiis Rcdrefs and Remedy on ilie I'crhjn lor whole Honour he ac- I ccpteil 431 ■' ■ i 'I 1: •ij'i i\ •>i-*l 436 O F B I L L S O F E X C H A N G E, y^ ccpted it, who is obliged to indemnify him, as if lie h.ul adtcd eiuirelv liy his Uircdioiis. 48. If the Acceptor of a Bill, under Protcft, for tiie Honour of a Drnver or Iiuiorfer, receive his Approbation of the Acceptance made, the Acceptor may freely pay the Bill, without any Protell for Non-payment; but if the Perfon, for whcie Honour the Bill was accepted, returns no Anfwcr to the Advice, or replies with a Dilapproval thereof, unthankfiilly remarking that it was done without Orders; in this Cafe the Acceptor, J'u[trti Protelt, nuift c.iiife a formal one to be dravvn up for Non-payment, againll him to whom ihi; Bill was directed, and on his continuing to rcfufe Payment, and he th.it li.i.s ac- cepted it, is obliged to do it for him ; he (liould engagj tlie Fudelfor to transfer all his Adion, Right, and Law of the Bill to him ; for though tliis is not abfolutelv necell'ary, yet it will corroborate his Demamls, when he conus to luvs recourfe a^jainit the Perfon for whole Honour he accepted it (whether Dri.vcror ■ Indorkr) or any of the former Indorfcrs. 49. He that accepts a Bill in Honour of the Drawer, hath no Remedy againll any of the Indorfcrs, bccaufe he obligetJi himfclf only for the Drawer; and he that accepts for the Honour of an Indorler, can have no AdvaiiMgt from any one, fubfequent to him for whole Honour he accepted ; b>it he and all that were before him, the Drawer i/icluded, are obliged to make the Acceptor Satisfadtion. 50. When a Bill is protefted for Non-Payment, any Man may pay the fiiiie, under Proteft, for the Drawer's or li.dorfer's 1 lonour, evet- he tiiat made, or he that fiiffered the P.oteft. 51. A Man after having freely and willingly accepted a Bill, cannot fitisfy th; fame under Protcft, in Honour of an Indorfer, bccaufe he as Acceptor, is al- ready obliged to him ; but an intended Acceptor, not having yet accepted the Bills, may difcharge them for the Honour of the Indorler or Diavver, as if he was a third Perfon unconcerned. 52. When a Perlon has Bills paficd on him for the Drawer's Account, who, having inade no Provihon for the Payment thereof, gives the Acce]itor Room to fear he (h.\Il have foiiie Difficulty in obtaining a Rcimburfcment j in futh Cafe, this latter, may luticr them to be protelled wjien due, and afterwards either pay them himfelf, or fome other for him, under i'roteit ca''.fiag the Right siid 7'ille to be transferred to him, to enable him to prolecuie tiic I3rawer in Calc of Xecil, or by this Means the more eafily to picvail on him to refund the Value lie recei\ed, wiien probably it woidd be diriicult to perfuadc him to reimburfe what the Acceptor has paid for him. 53. No Man mull pay a Bill under Proteft for Non-Payment, till he lus tie- Glared before a Notary Publitk, for whofe Honour he difcharges it, uherciM the Notary mull gi\e an Account to the Parties concerned, eitiier jointly with the Protell, or in a fcparate Inrtrument, or Ad. 54. He- that pays a Bill /w/i/v/ Protell, immediately lliccceds the Poffelfur in the Right and Title thereof, though there be no formal Transfer made, nor no Ci-ijio y-idionis from the 1 lolder to the Payer ; yet to prevent all Dil- putes, it may be more advifeable, efpecially in fome Cafes, to have this CiT'.n made in Form, and to this the Polielfor is obliged whenever it is demanded oi him. 55. The Polfellor of a Bill, protefted for Non-payment, is not obliged to ad- mit of it.> Difcharge from a third Perlon, Jupra Protell, titliei in Hcnour ut the Drawer or any Imtorler, unlets he declare and prove- that the Honour ofth.it Bill was particularly recommended to him ; in whith Cale, the Holder is ubt'o- hitely obliged to admit the Payment from him, as if the intended Acceptor luJ dilchaigcd It. 56. But if the prutefled Bill be indorfed by the Pofiiifor's Correfpondent, and was remitted by him, then the Politflbr, it he ads tircumfpedly \:11 not ad- mit of any Payment in Honour of the Indorlcments, but under the e.tpn;!) Condition that tlie Payer ihall have no Rcdrd's or Reineily agiinll tl;e ll-id Cor- rcfpondeiit 6 r. ':« ■>] 1 4\iiW% OF BILLS OF EXCHANGE, (Jc. 57. He that difcharges a Bill protefted for Non-payment, in Honour of the Drawer, hath no Remedy againft the Indorfers ; though he that iionours 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, including the Diawer, though he hath no Adion, Law, or Right againft the Indorfers that follow him, for whofc Account the Payer was willing to difchargc the Bill ; as has been mcntioiit'd about accepting Bills, Se£t. 49. 58. When fcveral Pcrfons offer to honour a Bill protcftcd for Non-payment, he tnat proffers to do it in Honour of the Drawer lliould firft be admitted, and then, he that intends the fame for the carlieft Indorfer. 59. When a Bill is paid under Proteft, in Honour of an Indorfer, and the Acceptor advifeth the Payer that there is another, or that he himfelf, will dif- charge it for the Honour of an earlier Indorler, or of the Drawer, and this before he that paid hath reimburfed himfelf by redrawing, then he is obliged to admit of it from the fccond, and to transfer his Right to him, though the fecond Payer will be obliged to refund to the firft, not only his Charges, but half Com- miflion alio. 60. Men ihould be very circumfpeft and cautious in accepting or paying Bills for the Honour of the Drawers, and ftill more fo, when they do it for the Ho- nour of an Indoifer j and ought to be very well acquainted with the Chara(5ler and Circumftances of the Perfon for whom they engage their Firm, or pay their Money; and this Precaution is irore efpecially to be obferved, when a folvent Acceptor fufttrs a Proteft for Non-payment, and his Reafons for fo doing are ftridlly to be enquired into, previous to a Payment for the Honour of any one concerned, as they may be fuch as might dilTuade any other from paying them fupra Proteft, though if they are intirely fatisfied of the Al)ility of the Accep- tor, they may with Icfs fear pay the Bill, as he is obliged for its Difcharge, in Cai'e the Drawer or Indorfers refufe. 61. If the Proteft for Non-payment be fent away, it is undavifeable to offer Payment under Proteft, though the ^^ill be ftill retained, unlefs the Polfclfor will give fufHcient Security to make Reftitution, in Cafe the Drawer or Indorfer (hould have repaid the Value and Charges, or otlicrwifc agreed with tiic Re- mitters. 62. A more than ordinary Circumfpcdlion is likewife required in the Pay- ment of Bills, under Proteft, that are made payable to Order, and at fome Days Sight, when there hath been any Negledl in the procuring Acceptance ; and, above all. Men fhould be fearful to Hieddle with Bills that were not duly and timely protefted. 63. When a Bill is paid, fupra Proteft, in Honour of the Drawer or In- dorler, the Payer ufually, if he has no Eflrrts in hh ILnds, redraws the fame direftly on him for whofe Account he paid it, »vith the Addition to the Sum mentioned in the Bill, of the Charges of Proteft, Brokerage, Portage, and Commiirion. 64. And when he that pays undtr Proteft hath revalued for hi"; Advance, he ought, with his Advice of his Draughts, to fend the Protcll with the protcftcd, and by him difi barged. Bills of Exchange, jointly witii t.'-.c Inftru- ment of his tendered Payment and its Acquittance, to his Correfpondcnt, that they may bt.* thewn to the Perfijn, for whole Honour he paid, at the Time of ikiu.mding Acceptance of his Bills for Reimburfement, which ouglit in (Jra- titudc to be pundually complied with ; though if it llicuild not, and the Perfijii drawn on relufes Acceptance and Payment, he may be compelled tiiereto, as well as to defray all the Drawer's Charges and Damages, tlie Right being now in him, cither by or without a Transfer of it from the firft Pollcllbr, as has been b'.-forc explained. 65. If a Drawer make any Difpute, and allcdge that his Bill was accepted, and therefore the Remitter muft leek his Redrefs from the Acceptor, &c. he ihcKilJ be informed that he muft primarily be applied to before it can bo fued for Irum the Acceptor ; and if a Drawer has any fufpicif^n that his Bill, though aceipted, will not be paid, he (hould recommtnd the Care of it to foine other ^ T Perfon A^t m 'rm :tll .-I ■ km .i§-.4 ill! ♦3S ijr ' I O 1' BILLS OF EXCHANGE, ^r. Perfon for his own Credit, who may afterwards have recourfc againft the Acccp- tor, as this lattcr's rcfiifing Payment cxpolcs him to immediate Execution. 66. In Cafe of a Perfon's refufing Payment of his accepted Bills when due, they ought to be protefted, and fent with the Proteft to the Remitter or Drawer, which of the two it was that forwarded them, except they fliould order th.ir Correfoondent to detain the Bill, with a Profped of obtaining their Difdmge from the Acceptor. 67. The Poflclfor of an indorfed accepted Bill, protefted for Non-payment, and not difchargcd/tt/irtf Proteft, hath his Redrefs on the Drawer and all the Indorfers j and therefore it is ufual for the Poflcflbr of fuch a Bill to redraw tor its \'aluc, &c. on him from whom he received it, whether he be the firft Re- mitter, or any otlier Indorfcr; but if he is not to be found, or has failed, or if it is more for the Polleflbr's Convcniency, or to comply with the Requcft of a later Indorfer, he may draw upon fomc earlier Indorfer, and demand of him or the Drawer, Reftitution of the Value and Charges, and, in Cafe of RefufJ, compel him to it ; ftill, however, the Perfon from whom he received, or witli whom he negociated the Bill, is obliged to refund, and he again hath his Re- drefs on the Acceptor, Drawer, or any other earlier Indorfer. 68. The PolTeflbr of fuch a Bill muft not direttly demand Reftitution from the Drawer, belbre he has given Notice of the Non-payment and Proteft to th° Indorfers, left he lofe his Redrefs on them ; and he Ihould, as well in Cafe of Proteft for Non-acceptance as for Non-payment, advife the Remitter thcrcot' 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 ia the Notary's Hands, except only when an Acceptor can demonftrate that he hath fully naid their Contents, and in this Cafe the Attachment will lie ; other- wife it is of no Force or Validity ; and the Notary may, nay muft when demanded, reftore the Bill antl Proteft to him from whom he received it, to ad therewith as he ftiall judge convenient. 70. No Perlbn can be compelled to ray a Bill which has not been accepted; nor the Drawer or Indorfer to the making Reftitution, unlefs the Bill lie re- turned witri Proteft for Non-payment ; but if it is, and the Proteft is in ail CL'- cu.iiftanccs rightly ni;ule, lie that gave or negociated the Bill muft make iminc- ttiate and pundual Satisfaftion for the Value, Re-exchange, Commillion, IJroker- age, Poftage, and Proteft. 71. The Drawer of a Bill payable to Order, is no further obliged, though the protefted Bill was indorfed in fevcral Places, and returned the fame Ways, than for Payment of the Redraught made from the Place where the Bill was to be dif- charged diredtly to that where it was drawn, and a: fuch a Courfe of Exchange as then governed j and the Indorfers are likcwife no further obliged than for the Revaluing from thj Place intended for its Payment dirciilly to that wliere it wj» refpcdtively indorfed by tiicm. 72. When a Bill is in the fame Place fucccllivcly indorfed by fevcral Perlors, and is returned by Proteft to the laft Indorl<;r, he is obliged inftantly to make Satisfaction, either by himfelf or by fomc other Indorfer before him or for liiiii; and if he pay, and fatisly it himfelf, he is not then to demand Proviliun ur Charges ot the other Indorlers or Drawer in the lame Plate, more tli.m what he has actually paid. 73. The Remitter or Poflcflbr of a Bill protefted for Non-payment, is not prccifely obliged to follicit Reftitution from the Drawer or Indorfer, if lie had rather leek his Redrefs from the Acceptor; and on the contrary he iK-d ivA regard the Acceptor, if he pafcis lt;eking ijatis-fadtion from the Drawer or In- dorfer, nor is he obliged to allow them any Time for the Payment, Init nuy. if it be not pundbially complied with, proceed againll which of thcin lie pleafes. 74. No Drawer or Indorfer is obliged to make Reftitution on Sight 1 1 tlie Proteft alone, nor on Sight of the Protell and the unaccepteil Bill, when -iieot' them hath been accc]-ted ; but lie is obliged lo give a fatiafadury beeuiity io the 6 . Remitter OF BILLS OF EtCn v., Ue. \iv lent when this and 439 Remitter on his producing only the Proteft, and to makv the accepted Bill are nrcfented together. 75. If a Pcrfon who has accepted a Bill, refufcs Paymci.v when it is due, and the Bill, on I»cing returned with Protcft that the Drawer may fatisfy it, meets with a Rcfufal from him alfo, and is fent hack again to the Pofleffor, 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 Pofledbr of an accepted Bill hath no Rcdrcfs againft the Drawer, if he omits to proteft it for Non-Payment, till the Days of Grace aie expired, yet if the Drawer be ftill in Credit, he muft fend to him with the Pro- teft, as till this is done, and they arc returned, he cannot compel the Acceptor to difcharge it. 77. When a Bill is made payable for the Drawer's own Account, and is nr>^ difcharged when due, but proteftctl for Non-payment, the Pofleffor need not return it on the Drawer, but may inftantly compel him to make Satisfadtion when- ever he is found. 78. The Acceptor of an indorfed Bill, proteftcd for Non-payment, cannot be proceeded againft by Arrcft or Attachment, though any one or all the Indorfers refufe to make Satisfaftion, unlefs the Drawer alio refufc to do it, and this be proved by good Evidence ; and the Acceptor of a Bill returned to the Drawer with Proteft for Non-payment, and fent back undifcharged by him, is only obliged to pay the Exchange and Re-exchange, Provifions, and Pv ..age, without 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 ftiould be made by the Drawer j but if it is not complied with there, then the Sum is again increafed, by the Commiflion and Poftage being added, and the Courfe is now reckoned upon the whole Sum, according as it (hall govern at that Time and P'.ace upon Sight, to the Place where the Bill is to be paid, and the Acceptor is obliged to pay the Re-exchange and all tiie Charges, although the Parcel was not cffedtually negociated and redrawn, /. c. Rcchange, Provi- lion, aviil Poftage muft be twice paid, &c. as Provifion twice for the Exchange and Re-exchange J the Charges being only for Poftage, and Protefts, unlefs the AeLejitor, by Delays and Excufcs, forces the Pollelfor upon fome neccfTiry Charges to recover, which the Acceptor is obliged to pay; but no extraordinary ones, fuch as travelling, &c. will be allowed. Ho. And if the Acceptor under the afore-mentioned Circumftances rcfufe im- mediate Payment to the returned Bill, a legal Intereft may be charged him, / tram the Day that the Bill was due to the Time of its Difcharge ; though he lliaii not be obliged to make good any other Lofles or Damage than thofc before- mentioned, notwithftanding the Expreflions ufed in the Proteft, as thefe irc not to be tonftrued as obligatory on the Acceptor to fatisfy any Lofs or Damare which the Poli'ellbr may pretend he has fufFercd from a Want of punctual Payment, and hy this Means fruftrating his Deligns of !bme beneficial f engagement, or a Lofs of a convenient Opportunity for advantageoully employnig the Sum det lined. Si. When a Drawer is not of an eftablidicd Ca-dit in the Commerce of the Pl.tce he is fettled at, it is common for ibme Merchant, who inclines to forward •.uni protei'i, :d firft to indorfc his Bills, till Time a.:d Opportunity have rendered him ami l:is Dealings better known; but if any fuch I'riend excufcs to indorfe his Hills, id yet has a Mind to fervc him, it is frequent on fuch Occafions for tiut Friciid to fubfcribe the fecond or third Bill, which is done by the folc fttting his Name under that of the Drawer, without adding a fingle Syllable thereto, as this doth as fully and amply oblige him as it does the Drawer, though the Obligation only extends to the Bill fo fubfcribed, for which the Underwriter is anfwerable to the Remitter, or any other this Lttcr ncgociates it With i but if the Remitter keeps tlie fubfcribed Bill himlelf, and tiie PoUeflbr of the other two unfublcribed would fcek any Redrefs againft the Security, he cannot for Want of the Bill that is fubfcribed ; but as fuch Negociations are only pradifci m 440 < ly OF BILLS OF EXCHANGE, i^c. J)raiftifcd for the S;»fety and Satisfacflion of th« Deliverer, without an Intcntlim ill any Shape to dilcrcdlt the Drawer, they arc iifually conctalcd, and the lib- fcribed Bill feldom lent ;nvay. 82. And when fuch iublcribed Bills are fatisfied, they fljould be returned to the principal Drawer, as he in the firft Bill acknowledges to have received tlie Value, and the Remitter would be very inipr'idcnt if he paid it to the Suhfcrikr thougli he contracted with him, and regards his Firm more thun that of the Drawer's j but the Subfcribed ihould take; Care to enquire of the Remitter or Poneflbr, whether the Bill was pundtually complied with when due, that he mny for his Security have that which bears his Firm cancelled. 83. Exchange is made in the Name, and for the Account of a third Per- fon, when ai\y one atts therein by the Order, full I'ower and Authority of another, which is commonly called Procuration j and thcfe Bills may bo drawn, fubfcribed, indorlcd, accepted, and ncgociated, not in the Name or for the Account of tlie Manager or Tranfader of any or all of thefe Branches of Remittances, but in the Name and for the Account of the Perfon who autho- tized him. 84. And as fuch an unlimited Power, ifabufed, may bo of tiic moll fatal Con- fcqucnce to the (Jiver of it, who certainly puts his Welfare and I'ortuiic in hi^ Frcairator'i Hands, it ought not lightly to be granted, nor till the moll fdate Ilelledlions and thorough Knowledge of the Perfon will jullily the Step, anj bring it within the Limits of Prudence ; therefore a difcreet Man will net hazard his Subrtance by luch a Subllitution, except through mere Netcltit), and then will ad with all the Circuml'pettion poliihle in his Choice ; and when he has palfed his Nomination, and authentically fubllituttd iiis Agent, he n;iiil advile thofe Correfpondents on whom his Procurator may occalionally want to draw, Off. with his having given fuch a Power, and dcf re them to honour the Firm of his Subllitute, whenever made ufe of for his Accourt. 85. And he that by fuch a Procuration docs either ncgociate, draw, indork, fubfcribe, or accept Bills of E.xchange, by fubl'cribing his own Name and ()u:ility, that is, the Attorney of his I'-mployer, does thereby as elfedtually oblige hi> Principal as if he himfelf alHrmed, whilft tlie Procurator is not in tlie leall obligated; but if any one, under the Pretence of having a full Power from a Perfon of Credit, tranfadts any Bufmefs for his own Account, he is not only obliged to perform all that he hath negociattd in the Name of another IVrlbn, but is likewile liable to be punillied feverely for the Deceit ; and fuch a Pretence no Way obliges the Perfon wholi; Name is made Ule of therein. 86. It will therefore be prudent in every Remitter or Polleflbrof Bilh to re- fufe any Drawings or Acceptance by the Wife, Servant, Gff. of thofe they pre- tend to reprefent, unkfs they lirll produce the Power tjiey fay they acl under, and this be in every Refpedt full and fatisfador)', and neither antiquated, recalled, or cancelled ; and it is allerted by Marius and others, iliat a Mcrchait's Letter iq his ^Vife, Friend, Servant, or any other, to accept Hills of Exchange, is not fulHcient without a Power of Attorney in I 'orm ; though if there ihoulJ be no fuch Inftrumcnt made to either of the ;iforementioned Pcrfons, yet if either ol them have formerly in the Principal's Abfence ufually accepted his Bills, and he approved thereof at his return, I believe, on Proi>f of tliis, it would alv.ay:. be tonllrued as his Intention, and be as valid and binding as a legal and Ibrmal In- llrumcnt. 87. In Negociations of Bills, the Procurator flioidd, before he concludes any, advife the Perfon treating with him of the C^ality in which he acts, that he may be fatisfied of the \ alidity of his Deputations ; lor if without mentioniiu any Thing thereof pre\ious to his contrading, cither by himfelf or a Brok.T, th.- other Party is not obliged to lland to the Agieement, or pay him any Money if he has adlcd as a Drawer, but may rctufe to Jiavc any Tlung to do with liiin ; though, on the contrary, the PolTeliijr of a Bill muil admit tiie Accept.incc oi a Procurator, provided his Letter of Attorney be general, or exprclsly declaring that all Bills by him accepted, are for Account of the Principal, or liniitii only to the Acceptance of tJiofe Bills, tliat the Pollelfor has ; but, if the Pro- 4 cunitiur OF BILLS OF EXCHANGE, ^c. ciir.itioii be not clear and cxprefs in thefc Particulars, then the Holder is not obllL'cd to admit flic Acceptance of one whofc Power to perform it is doubtful or inliirticient. 88. When Bills of Kxi hangc arc drawn on one Place, and mad** payable in another, the Intention of fuch a Draught (hould be mentioned at the Time of Agreement, othcrwifc it is not binding ; and when Bills are drawn in this Man- ner, it is cullomary for the Acceptor to mention the Houfc they are to be paid at. j^i for Example -, A. 11. of h'jr.don draws 500 Dollars on C. D. of Biwoa, nay;ible at Madrid, which the Remitter fends to his Corrcfpondent there, and III; to his at liilboa, where being pr»;(entcd to the faid C. D. he accepts it to be luid by K. 1'. [or in the Houfe of E. l\] oi Madrid, and takes C^are to furni(h tilt nccdfary Fund in Time for its Difchrv.rge, otherwifc the Bill will be protefted for Non-payment in Madrid, as E. F, lies under no Obligation to pay it, if lie ills not Effedts of the Acceptor's in his Hands, neither is he obliged to declare whether he will pay it or not, before it is due. 89. It is fometimes cullomary in Cafes liice the above, for the Remitter, if he has no Corrcfpondent at the Place the Bill is drawn on, to dcfirc the Drawer to iLiid the full for Acceptance, and to reti'.rn it accepted to him, or elfewhere as he iliall dircdt, which the Drawer cannot well rcfufe, though he is not ftridlly obliged to a Compliance ; however when once confented to, and he does not rLturn the Bill accepted in a convenient Time to the Remittor, or forward it according to his Order, this latter ihould fend the fecond Bill to fome other Per- fon to procure Acceptance, as he cannot oblige the Drawer to give him any further Satisfadtion, in Cafe this has not been done to the firft, and if refufed, to enter a Pioteft. 90. If the Acceptor of a Bill does not live in the Place where it is payable, as in the foregoing Cafes, and in Order to difcharge it, remits the Holder other Bills due at the fame Tinv, as his, the fiid Holder is not obliged to admit them in Payment, and if he confents to it may juftly demand his Commifllon on them, as he has a double Irouble in the Recovery of his Money ; and on the contrary, if the PoflcHbr defires the Acceptor to fend him the Value of the Bill in others, or in Specie, the Acceptor 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 addrefled will not accept it, a Proteft imift be entered againft him for Non-acceptance, but that for Non-payment is jiiopcrly made, as before obferved, at the Place where the Bill is payable ; and though the Pofleflbr is under no Obligation to feek elfewhere for Payment, yet he may, in Cafe of its not being pundtually difcharged, proceed againft the Ac- ceptor wherever he finds him. 92. Belidcs the afore-mentioned Method of drawing on one Place and paying ill another, there is yrt a dift'erent Manner of executing fuch Negociations, as whin Bills are not made payable or remitted to the Place diredtly where the Mo- ncv is, but to fome other I'hicc, from whence the Value is to be redrawn or re- mitted to the Place wiiere the Payment muft be made. As for Example : A I'lrlbn h IS Money lying at London, which he would willingly have at Dantzick, hut as the Dantziikt'r cannot draw diredlly on London, he firfl pafTes his Bill on Ihmhrg.'' or Ainjicrdtim, and orders his Corrcfpondent there, to reimburfe him- fdf on London j and the Motives to this Sort of exchanging are either, firft, be- irtiife there is no Courfc fettled diredlly ; or elfe, fecondly, where there is, it may be more advantageous not to make life of it, but to ncgociate otherwifc. 9;^. When any one draws by CommifTion, it mull be eitlier for the Account of him on whom he draws, or elfe for that of a third Perfon j if for the former, the Drawer Ihould pundtually advife him of the Sum drawn, and diftindlly ill iio. ' many Bills, what Date, to whom, and when payable, from whom the Value, ind at what Exchange, and indeed the fame exadtnefs Ihould be always obferved in Regard to adviling whenever Bills are drawn, and no Draughts Ihould be palfed for the Accoimt of a third Perfon without fpeci and I if 443 ■v^L *i iU i-.,4 4'f-t OF BIM.S OF FXCIIANOF, L*,: if tlic Kills a Remitter takes l)c returned with Frotcft, ami ho taiinot procure lin. iiKiliate Satisfail^tion from tlic Drawer, he miy (.h.irj;e him an Intend ;v; I'lutcft, in Honour (,;' the Drawer or any Indorler, for Want of Advice, Order, or Provifion, from bin for whofc Account the Bill is drawri, and he afterwards receives both Ordi ; i,\! Ert'cifts, he is then obliged to frtr the Drawer and Indorfer from their Obli^j. ♦ions, and to advife thein tliat he will pay the Draught for his Account forwiiolc it was drawn, and that he therefore dil'charges them. 110. If any oiv; accepts a Bill with the Drawer's Obligation, he mutl at I'ic Day of Payment advife the Drawer, whether he for whole Account the Hill wi* drawn, had made Provifion lor it, or otherwife difpol'ed its I'ayment, ami \\ i.us was done, he in Conlequence dilcharges the Drawer from his Obligation. 111. When any one is drawn on for the Account of a third, by anotlKr wiiii whom the Acceptor never had any Correfpondencc, and confequently mull be ignorant of his F'irni, he ought to be deliberate in his Acceptance, tlimyli he has Orders from his Principal to honour fuch Draughts, and ihould rather mi' for the Drawer's Advice, that he inay compare his Letter and Bill, than be pre. ii|)it.ite in his Acceptance. 112. He that verbally or by Letter has promifed to accept any Bills drawn on him for a third Perfon's Account, and he to whom the I'roniife was m.idc, does, in Confequence thereof, give the third Perlor. Credit, a-lying on a piiiictiial Compliance ; in this Cafe, lie that has engaged his Word is obliged to Uunl it, or be anfwerable for all Damages that lluU proceed from a Breach thereof, ..iiJ though he cannot by Law be compelled to an immediate Satisfadlion, a rc;;iilar Procefs will oblige him to pay at lall. 113. If a Fadtor has Orders from his Principal to accept a certain Sum drawn by a third for his, the Principal's Account at Ul'ance, and the Dra\\er iiaving no Opportunity of complying therewith at the Time, palles his Hills payable it ijight ; in fuch Cafe, tlie F'adtor fliould not accept them limply, but if he iii^ 1 Mind, may, under Proteft, accept them for the Honour of the Drawer, and revalue the llune on him, if he continues without Orders from his Principal liow to reimburfe himfelf ; but if the Drawer lliould find Occalion to draw at lull Ufance, when the other half is expired, in fuch Cale he is obliged to accept the Draughts freely and without Referve. 114. If any one be drawn on by Commilhon, and ordered to redraw the Value on fome other Place, which he cannot comply with, cither i(v:\\ no Money's offering, or that the Exchange is not within his Limits, and it i1j>^> not cure i!i\- l nil ilv t. ; OiMWi,', • not, on iiml it t!r lu AiUir.- \a\ it 1.lII. itn whom • h.ith 1)1- Bill to h: rcfponiibk which he itisUi-lion ; h lii. Ac- irJ I's-Tlbn, Icr Protcll, Ik- tliiiik; I'ciibn In- JUS, Advice ncc, to llic Honour of 1, tVum him I Orders i.iJ icir Obli.'j- int for\Nhi>li: nuill ;it I'nc the Bill \vis , ;inJ if tlm itioii. •another with itly inii'l ^ thoir^h lie I r.uhor wait than he ]' e- Bills ilrawn ic wab m.wle> Ion a piinLtu.il ;il to Ulllll it, thereof, .'.ml )n, a rcgiilir In Sum drawn }ra\vcr having Ills p.iyal'lcU lit it h- hi^ ■' Drawer, a'.ul Printipal liuw [draw at halt , to accept i\-i 10 rcdr.nv tlic Iher f.v:n iw and it >l>x"> not OF BILLS OF EXCHANGE. «f. not fiiit his Convcnicny to be !n Difl»iirfe, he may in fuch Cafe revalue dircftly on the Drawer, or on any other Place, even above the limited Courle, if ho cannot do olherwife, tliou^h on the beft Terms he pollibly can for his Printipars Advantage. 115. When any Perfon tirawn on by Commifllon hath accepted the Bill, and the I'aynicnt is not tlcmanded when due, he nnift, notwithrtanding, debit the Principal for its Value, becaulc he is always obliged to pay it wlicnever it is alkcd for. I '6. The Acceptor of a Bill on Commiirinn, drawn on him at Time, may, aid niuft demand on the Drawer his accepted Hill, if this latter (liould think proper ayainfl the Time of Payment to call it in, and pay its Import himfelf, aiici the Drawer is obliged to rellore it ; but lie Ihouhl, before he parts with it, clearly exprcfs in Writing; upon it, that he himfelf called in the Bill and fatisficd it, and he is obliged to allow the Acceptor at Icaft half Commitlion. 117. It is incuinlx-nt on him to whom a Bill is remitted in CommifTion, ifl, to endeavour to procure Acceptance; sdly, on lUfufal, to protell, if not fu. bidden, though not exprefsly ordered} ^dly, to advil'c the Remitter of the Receipt, Acceptance, or protefting it, and in Calc of the latter, to fend the Protcll to him ; and 4tlily, to advife any third Perfon, that is or may be concerned in it ; iiu\ all tills by the PoiVs Return, without further Delay. n8. He that h.is Bills remitted to 5iim for the Account of a third Perfon, or to be at his Dil'poi il, cannot place the laid Hills cither to his own, the Re- mitter's, nor to any other's Account, but is obliged to obfervc the Order of him only for whole Account and at whofc Difpofal they were remitted. 119. If a Bill, remitted for the Account, or to be at the Difpofal of a third Perfon, is indorfed or made p.iyable at firlt to the Receiver thereof, or to his Order, he tliat receives the Bill, if he has advifed the Perfon *br whofc Account or at whofc Difpofil it was direded to be, that he hath leccived fuch a Bill for his Account, &i-, cannot revoke his Word to plc-afc the Remitter, but mud attend the Order of the faid third Perfon ; though, if he hath not written nor advifed !iim thereof, he then may at the Reijuefl of the Remitter, or the Remitter at the Ir.ftancc of the PolJcflbr, obfervc the laft Order, lo wait for further ones. 126. When divers Bills are remitted for Account of fcveral Perfons, and previous to the PulUnbr's advifmg the exatfl Sum appertaining to each particu- l.'.r, one of the llemittances Ihould be protefted for Non-p.iyment, he may, if it fuits him, revalue the fame on the Remitter; and in Caie he cannot get Satis- f,n!lion there, the l.ofs will then fall on all the Bills, to be proportionably divided p-j Rata, on the Sums recoverable of the faid Remittance; and if the Remitter llood ill creJcn' for any, he mufl \ok pro Rato with the Reft. 121. When any one is drawn on for the Account of a third Perfon, and reccpts the Bill, under Protell, for that of the Drawer, adviling l.im exprefsly thereof by the Poll's Return, then the Acceptor may, if he cannot obtain futlicient rrovilion from the Principal, or the neceiiary Orilers for his Reimburfemcnt before the Draught falls due, revalue upon the Drawer, without being obliged to feek his Redrcfs firft from the third Perfon for whofe Account the Bill was i but if the Acceptance, fupra Proteft, was with the Obligation of the Drawer, then the Acceptor muft, if the Drawer require it, have Recourfe firft lor SatibtadUon to the laid third Perfon, though without being further obliged than to revalue on him ; and if his Bill be pioteftcd, and not accepted or paid, then he hath his Redrefs upon tlic Drawer, who in this Cale muft duly difcharge tiie fame. 122. And when Provifion for fuch a Bill, protefted with the Obligation of tlic Drawer, is not timely made by the Perfon for whofc Account it was drawn, but inlknid thereof h^J jives Orders to revalue for the fame, either by him direiftly or on fomc other Place, the Acceptor muft in fuch Cafe, before Compliance, eonfult the Drawer, as he is obliged to Satisfadion at all Events, and hold iiim bound till the Sum to be revalued (ball be punctually dilchargcd ; and if it is not, but the faid Rcdraughts return protefted, then the Acceptor who paid the 5 X original 445 \ \ » -i m •■■•'C' K • ''Mm., 446 ih ■ I M 1 B I L I, S OF r X C it A N F, Lf,: origiiul Bills, anil imill now latisfy thole coinr Kuk witli I'rotcrt, m.iy rcvilne the J^um, with the t ha ryes, CDiiuiullions, and I'rotcll, on tljc tirll Drawer, who continued obliged to ratisCy the lame. 12;?. When a Hill is acicptcd /i/fni I'rotcft, for the Aivount, or with the Olili^ation ot' the Drawer, and the Acceptor repents of' the Steps he h.i-, til< ;f, as llil'picioiis of the Drawer's Compliance with hi^ Rtdrauj;hts, he ihould i i iii,.!) Cal'c I'uffLrtiic BilU to n itji protelU-d tor Non-payment, after h.iviii ; fiilladvilld him cJ" his Intentions, that the Drawer may take new Meafures (or their Dilcharge. I ;:4. If any one be drawn on for the Account of a tliird Porfon, and acccpu the l]il] freely, the Acceptor in fiich Cafe hatli nt) Rcdrel's on the Drawer, who is freed tron\ the t)blij;ation of acccptinir any RedrauLjlit on hini, a^ the Acceptor h.i": dil'ch.irgtd him by his free Acceptance, and lias ordy Kciuurle fur bis Keimburfement on the third I'crfon, for wljofe Account he ac- cepted. 125. When a r'ac'tor hatii Occafion to redraw for the Principal's Account, to rcimburfe Draiiglits, rtrrt drawn on him, be may p.if» his Hdh not only accimlinn to Order and within Limits, but may exceed the (.)rder and Limits fet him ; mJ if he hatli no Oidci, may redraw witiiout it, or even exprelsly againll it in Catc of need, a.s he is under no Obliga^'in to be in Dilliurlc; and in Cafe the Prin- cipal will not accept his I'aiilor's Bills fo tirawn, under Pretence that they arc without, above, or againrt Order, the Acceptor inuft proceed againll himinl.r.v, and will undoubtedly rccf)ver both Priniipal, Charges, and Damai^cs. 126. In all the I'.xclian'.'cs hitherto mentioned, the Drawer receives C.illi from the Remitter, tor liills j^ivcn him, whole Import he obliges himfelf (ball hi' paiJ in ready Money, at the Time and according to the Conditions thea'in agia'don. But there is yet another Sort, called mixt, or d( bt Lxchangcs, wherein the Drawn receives no Nloney, but gives Bills in Payment of a Debt ; and in fucli Xego- ci.itions llie Creditor is deemed the Remitter. •127. And fuch BilL are made cither tor the Recovery of an old Debti or to afi'ure tlic Payment of a new one, contradUd for Ooods bought »)n Trull ; ;;iiii whether the Delnor makes the Bills p.iyable by himlelf or another, and whether the Debtor and Cialitor fcHlc the Conrle or not, the Debt now change; iu Ni- tuie ; and be tlut gives a Bdl of I-.\change becomes thereby liable to the l.iw. concerning tluni, and may, upon I-'ailure, be profecuted m a different Mjuacr than he could be lor a Book Debt j and therefore a prudent Creditor will, on receiving llicb a liill, make an ablulute Agreement with the Debtor lonccn.iiig the C ourle ; and upon Receipt thereof, credit his Account of Cjoods, and (kbit liis Account current for the Value. 128. It is unnccellary in moll Countries to cxprcfs whether the Value of Bills was paid in Mcjnie.s or in any other Conunodities, anil I think I'rdttce is the only Exccj'tion to this Rule, if the Debtor do but elfecUially receive it ; and he that gives a Bill for the Payment of an old Debt, or for Goods then purcliafed, ihotilJ demand an Acijuittaticc from his Creditor, acknowledging to have received Satis- faction for fuch a Debt, or for fuch Ciuods, in fuch and fuch a Bdl ot ilvchuiijc, or fo mucli of the Debt as the Bill of l.xcliange amounts to ; and on the on- trary, the Creditor muft demand a Receipt from the Drawer, wherein he con- tefTcs to have received the Value of fucii a Bill, either in an old Debt, or Goods l)Ought, and lor lull Payment, or in Part. 129. When a Creditor hath received fucli a Bill from his Debtor in full irin Part of hi:. Debt, and it is not complied with when due, he mult not be [nf- I'uadcd by his Debtor to negled following the iXnti Courfe and Law of l:x- change, by protefling, 1 1\ nor Ihould give the Acceptor longer Time, though folicitcd thereto, unlets the Debtor engages under his Hand that it ihali in no Shape be a Prejudice to him, nor annul or Ictlen the Law iry Security to U\x hiin harnilels both from the Drawer and Ac>.cptor, or any of their Creditors, Aliljjnees, &>:. or unlefs it ap^Kiirs to him that tlie Poilldor is fitis- fi d by the Acceptor or foinc others fi>r him, and doth ieliM(iuilh all Pretences to both the Acceptor and Drawer's ICfteCts. 1^,2. When the I'oll'ellijr of a Hill, payable to his Oriler, faiU, and, to defraud his Creditors, indorfeth it to another, who ne;;ociatcs it, and efteiflually receives the Value, indorfing it again to a third, Cic. and though the Creditors, havinij difcovcrcd the I'raud, opptifc it, yet the Acceptor mull pay it to him who LOin?s to receive it, on I'roof tlut he paid the real Value for it ; but, if the infolvcnt I'olleiror has made it payable to any other dircdly, he might probddy he allowed a Provilion i but previous to his recovering the I'rincipal, ho mull cleiily prove how and when he paid the Value j and nuiil fwear, that belore the I'ailurc of the Indorfer was known, the fiid Hill was, without any Colliifion or Deceit, purchafcd by and delivca-d to him j and if he lefufes to perform this, on an Oppolition from the Creditors, he cannot legally receive a [•"arthing ; and in Cafe he has rccoveitd, he mull refund it for the common Benefit of the Creditors, and inuil alfo draw and indorfe the Hill that he received from tlic Bankrupt Pof- fcilbr with an Intent to defraud them. 15^. When a liill is made or indorled payable to any Perfon, who, unknown to the /\cceptor, is become inl'olvent before the D.iy of P.iyment, if he, ignorant of tlie Pollellbrs I'ailure, difcharge the fame, (ucli I'ayment is good and valid ; but if he pay to any other upon the Poflellbr's Order, after knowing of his Infol- veney, he cxpoles himlLlf to the Ila/ard of pa.mg twice, and jidlly merits fuch a }x:cuniary Punilliinent for his indifcrect and unfair Proceedings, 134. When the Podllfor of a Hill {mU, and the Acceptor can dcinonrtratively prove that it was remitted for the former's Account, or upon Account of a Debt due to the I'olleiror, eitlier from the Remitter or from any other on whofc Ac- couiu the Kcmittaiice was made, in this Cafe the Poirellor is the true Owner and I'rincipal of the Hill, and the Acceptor may pay it to him, and he mull credit the Value to the I'erlbn for whole Account it is ; hut if the Bill be for the Account of a third, or for the Drawer's own Account, and neither of them have received any valuable conlideiation, from tlic Polleiror, for it, then it ought to be p.ud to him, as the infolvent PoH'ellbr is not the true Owner of the Bill, but merely a Dcmander of Satisfaction ; and the Acceptor lliould be obliged, wiicn due, to pay tlic fame to the next Order of the Remitter, or the true Owner of the Bill for whole Account it is. 135. If a fuffiedted PoficlVor of a Hill Ihould fraudulently twice draw cfFedtually the fame Hill, and give tl firji to one Man, with Directions where to find the JiiWd accepted ; and the /. 'ii^ to another, with Directions \\'here to find the Jiijt accepted ; in this Caic he only hath Right and Title to tlie Money that firft procures Acceptance, he not finding any accepted Bill as he was dircded, whe- liicr it be to ihc Jir/l or Jicond, 1. makes no Diftcrence, nor whether it was firft or lart negociatiatcd by the fraudulent Indorfer. 136. When the Polfellor of a Bill ib become a Bankrupt, and in Order to delraud his Creditors, or others, conceals the Bill, which they have good Kciloiito conclude mufl ftill remain in his Hands, the Acceptor is obliged to iletl.ic whether he hath accepted fuch a Draught, and if he anfwer in the Allirmative, !!•<■ '» i:''OI'i |! ! W i I ii\mm i 1 I I '4 ! ' * \ t ■ -.j • '1 'i* rvu ■ i d ^8 O 1 B I L L S O F E X C II A N G E, tfr. Affinf.ativc, the Creditors, or any other intcrefted Perfons, may prohibit the Ac. ccptor's piiying it without tlicir Knowledge and Confcnt ; and if any one uppeir at the Day of Payment, to recover, ' e mull declare and prove, that he is the true Poirellbr of the Uill ; and if none appear, the Acceptor is obliged to pay the Import of it vt the Creditors or Ailignees of the Bankrupt Poffcrtbr, tliev giving Security that the Acceptor fliall be no Ways prejudiced thereby j or if he fcniple doing it on tlicir Security, he may depolit it in the Hands of Julljce, tor Account of the true Owners thereof; and if the Acceptor rcfuli; Conipliance, both with one and the other, the Creditors or their AlTignecs may prottft againfl him for Non-payment, and fend tl>e fime to the Remitter to procure Satistadtion of the Drawer, and if he makes none, they may compel the Acceptor thereto. 1 37. When a Hill is made payalilc to the Order of any Perfon who has f.iilcd before it reach him, and he, notwithllanding, on Receipt, indorfes it, and inakci it payable to fome other, wlio dcmamis Acceptance thereof, and the Acceptt,;, being ignorant of the l-'ailure of tlie f rll I'ollcH'or, duly honours the fame; m fuch Cafe the Acceptor, getting Knowledge of the Bankruptcy of the full Foi"- fclVor, and that this preceded his Inilorfement thereof, may refule Payment of the Value to 'lis Order, as the iiifolvent Poftedbr luul no Faculty or I'ower, after his Failure to indorfe a Bill of Exchange ; and tlierefore it would be hoiKil and prudent in the Acceptor, under fuch Circumflances, to offer Payment tlicrtof to the Creditors, provided they give liim a futhcient Security for his Imiciniii- fication, though it" they rctufe tliis, he fliould fufTer the Bill to be ret arned \vit!i Protcfl. 138. It affords a jull Sufpicion of T-aud, when the Debtor of a Bankrupt pre- tends T Demand on the latter'.s Kfltvts for having accepted and paid a third Hilt, at the Inlblv cut's Requcll, to fome of his Creditors, whilll his Reputation Itood yet unimjKached i or tliit the Bill, whofe third he fuhl'cribcd, was protellcd, and he foried to pay the Re-exciiaiii^e and Charges ; as the Debtor and Creditor or I'olTiiror of inch a Bill may, by an undertaking between them, make many Inch Bills to tlie great Detriment t's Creditor;.. 139. When the I'ollelfor of a Bill /lalh neglecled to procure Acceptance in Time, and the PcilLn on whom it is drawn relulls it afterwards upon Account of the Drawer's Failure, the PollLlTor has no greati-r l'ii\ ili.-ge or I'refcrtnce to the Drawer's lifl'eills in the Acceptor's Hands tlian the oilier Credit()r> have, though the Drawer drew merely on thofe hlfeCls, and tiie Draught would hj'.t been duly honoured it' it had b'.i . prefcnted, and Acceptance demaniied, lullre the ladure of the Drawer was kmnvn. 140. Though the Pofllll'or of a Bdl, whofe Acceptor fails before it become? due, hath an open Account with him, and is his Debtor for a greater Sum th.m the Bill imports, and may ncnv fet otl' ila \'alue, yet it would be more prudent in him to piottll the Bill for Non-payment, and lutfer it to be returned. 141. If the Drawer, or the Party for \\hol'c Account a Bill is drawn, I'.ul before Provifion is made to the Acceptor, iIku this latter paying at the I inic, or if not accepted or not paid, but returned with Protell, the Drawer is entitled to a Preference, before all other Creditors, upon any of the Fdects of the Inlblvcnt that may be i.i their I lands. 142. When the Acceptor of a Bill hath Remittances m.idc him to dilJur^e it, by tiic Perl'on for whofe Account he accepts, and lie, after receiving luih Remittance!, and bei'ore Payment of the Draught on him, Jiii/s, then the I'rinci- pal mull anf'.vcr the Re-exchange and Charges, and be content to come in wiili the rtll of the Acceptor's Creditors ; but if upon tiic Acceptor's Failure ilic Rc- initt.uK(.s are iound in his PollelTiion unreceived, then the Principal, whoin.uic them, has a Rij'Jit to their Return, and they mull be paid to his Order; ind in Cale the other C reditors have recovered their Import lince the Acceptor became inlblvent, they are obliged to repay the fame. J 43. The Pollellbr of a Bill piotelled lor Non -acceptance or Non-pay iiciit, whole Drawer and Acceptor are both failed, mull concur witii the rell of the Credilors, not only for llie \'aluc that was paid, but alio for the Rc-excha'igc and J Cliar^ci It the Ac- JIIC iippe;U he is the ;cd to p,iy J or if he of JulHce, Jiiipliance, lay protcft to piocurt c Acccjitor I has {.\\M and iiKikci Acccpti,!, c faiiH' i in e full Pol", nciit of the owcr, after hoiicll and cut thereof s Indcmni- :arncd Witli :ikni]n prc- i third 15:11, tatioii llood •otcrtai, and Creditor or ; many Inch ci'ptance in oil Account reference to it()r> have, woiilil ha'C dcd, before it l)ccomcs Sum th.'.n lore pnideai jllCil. liriiwn, l.ii'i le Tiinc, of Is entitled to lie Inlolvcnt lo difiliariiC iviny fiicii I the Princi- Inie in with lure the Re- who made Jcr ; and in Itor became |n-paymcnt, Irtll of the jclu'ige and C'harjjcs OF nil, I.S OF F. X CHANG F, tr,, Cliar£',cs, and for the Sum tliat tlie Drawer or Acceptor ihould have paid if thej* had cuntinucd folveiit. 144. If both tile [drawer and Acceptor fiiil, the Pofiellor hath a jiift Right and Title to ilcmand I'aj'ment of both their Kfiert-: ; and it is in his Optioa to be^in with which lie plcafes firfl, and where the Appearances arc irroitclt for a fjieedv Recovery; and if one of their Effeds arc nut I'utHcient for Satisfac- tion, he may then get as much as he can of the othe. .s, as they are both obli^^'cd. 14;. And the lame Rii;ht that he hath to the Effedls or any 'J'hifin elfe apncr- tai:iini; to the inl'olvent lirawer, or Acceptor, till he hath received S.Uit.fartion, lie iias likcwilc againfl any or all the Indorlers, if the Hill be returneil unaccepted, and rhey fail ; and if .he Bill be accepted, and the Acceptor, i^rawcr, and In- dorlers ihali all fail, he may come upon all their I'^lFects lor Satisfaction. 146. ihc Holfeiror may demand the full Sum, with all Charges, out of tiic (Joods and EtVe>tls of that Infolvent Drawer, Acceptor, or Indorfer, where he Ihall think proper firft to make his Claim ; and what he receives there, he mull place to account in I'art of I'ayment of his Demands ; and if he does not receive full Satisfadion, lie cannot demand tlic whole again I'rom another, but only tlie Remainder, and fo fiom one to another till h'.. be entirely fatisfied, 147. If the Polltl,i)r of a Bill, whole Drawer, Acceptor, and Indorlers are all fiiled, receiv( s ("ometliing in Part of Payment, and the Bankrupt's Trullees do tlicieunon deni.'nd an Acquittance, with the CelVion of t!ie Action to him or them, the Poiiellor ihould not acquit nor transfer more of his Rijht to thcin llian for the Value th.'.t he hath received. 148. V\ hen tlie Pollellbr hath received from one of the Bankrupt.'' Part of his Demands, and applies to another of them for the Payment ot' the Remainder, he cannot cet of his Demands from one of the Bankrupts for whofe Account the Bill was drasvn, but had either drawn, iiidorlld, oi- ac- cepted the Bill lor that of another, without having any Eri'e^ls in Hand; then the IVlllllbr mull enter into an Agreement witli him who paid iji I'.irt, jointly to demand of the others (or any one of them) that failed, the remaining Sum, witli Charges. 150. If the PortelTor of an accepted Bill dies without leaving Executors, or any one to ad in his AlFairs, fo that no one hath Authority to demand Payment uf it, or to give a fatisfadtory Difchargc, and yet Ibinc pretending hereto, apply for its Recoveiy when due, and on Ref ilal protell for Non-payment ; in this Cale the Acceptor mull advilc the Drawer of all tlie Circumllances, and his Motives tor Nun- compliance, who mull on his Part conlult with the Rciniiicr 10 i^ixc t htlicr Orders, or he may depolite the bum in the Hands of Jullice, to be rcleived i'lr tlie true Owners. ic» If the Polliilbr of a Bill accepted Ihould agree and compcind with th-. Acceptor, and the Drawer be the Acceptor's Debtor for the >um he accepted, dioiigh the l>iawer be thereby dilcharged Iron the Remitter and I'oliellbr, and •alio Imni the laid Acceptor, yet the Acceptor can debit the Drawer for no more of that Hill than he cttedually paid, according to the Compolition. ij2. But if the Poiiellor hath made this Compolition with the Accept'., without the Remitter's Order or Conlent, the Remittance being tor the Reo'litcr's AtKinnt, the Polfelfor will be liable to anfwer the wliole Sum to him. 1^3. If the Drawer or Indorlers, being inli>lveiit, Ceny that the Bills they havv. drawn an'' endorfed, and the Acceptor has accepted, were tor Etfeds of dieir's which the Acceptor Jud in his Hand, or that they ha\c lince or betoie S ^ Acceptance 44'; m ,v'v l!- •t ;•.»■ +50 f ; -Ml h\ hi M'' ^"\■^.Dcllg. itifi. OF BILLS OF EXCHANGE, L".: Acccptnnce maJc rrovilion for tlic difihargc tlicicof, tliey imill at the Inllancc of their Creditors prove the fame. 154. Bcfidcs he different Species of Bills heforcmentioncd there are others, called Conditional Kxiuangks, being fiich .is the Drawer doth not 'Juieiii abl'olutely oblige hiiufelf to Payment, but on certain Terms agreed on; ;ind in theft; Bills, the Condition nuiil be clearly exprelVed, and on //'(// the Acceptor (houiii accept and pay, clfe not j wherefore if the Condition be not clearly exprcllcj, thefe Kinds of Bills arc like Bonds, liable to great Difputes and Conteils. If the Acceptance be in Writing, and the Drawer intend that it lliill be only conditional, he muft be careful to expnfs the Condition in Wri- ting, as well as the Acceptance ; for if the Acceptance Ihould, on the Face ot it, appear to be abfolute, he cannot take Advantage of any verbal Comiiticn annexed to it, if the Bill Ihould be negociated, and cotne to the Hands ut ;i Perfon unacquainted with the Condition ; and even againft the Peifon to win m the verbal Condition was cxprell'ed, the Burthen of the Proof will be on iht Acceptor. But, A conditional Acceptance, when the Conditions on which it depends arc per- formed, becomes abi'olute. ii;q. The accepting a conditional Bill obliges the Acceptvir (vsheiher he Iw the Drawer hinill-lf, or aiiy other) abfolutcly to the Payment, if the Condition agreed upon be performed, or the Po(1ell()r will oblige himfelf to the Pcrfiy. mancc. So an Acceptance, on Account of the Ship J/.h''is, when in Cafh tor the laid Ship's Cargo, is fulHcient to bind the Acceptor, i'tv KydJ's Trcjtifi a the Law of Hills of Exc/jtinge and Promi^jory Kvtcs. London, 1790. 156. 'I'hough the Pollelfor of liich a Bill is fomctimes obliged t(j perform the Condition, and fomctimes not ; as Ivxchanges grounded on impoffiblc, un- lawful, or indecent Conditions, are ipfo facto null anil voitl. 157. When the Polleifor is ahfolutely ohligcd to the Performance of tlic Con- dition it is not enough for him to mortify ordcllroy the Bill, cxcufnig todcimnd Payment thereof, but he is obliged to make good to tlie Acceptor tlie Lois and Intereft that he, or any other concerned, is like to fuffcr from the Non-jKrfurm- ance of the Condition. 158. And on the contrary, when the Poffellbr is not ahfolutdy ohliged, then if any Thing happens without the Poifciror's Fault, that may hinder him fiwn performing the Condition, it does not always free and dilcliarge the Drawer or Acceptor, but he is in fucli Cafe obligeil to pay the Bill, t'lough the PolillLr do not peru;rm the Condition, if he will but make good the Lofs to the .Accep- tor or Dra\\er. As for Example. A. of Lo//(/(/// con trad s with B. oi Legt>orii, to pro\iiic(or him a Bale of Says, on the moll rcafonable Terms, and to fend them to ly^krn at his own {A's) Uiik, charging 13. (o imivh per Cent, (as lliall be agreed) lor his Commiliion, Rilk, and Dilburfe, in the Invoice, whole Import //. llnll be obliged to pay in eight Days after the Ariival of the laid (ioods at Ia'^Laii; which Agreement being carried into Execution, and the Says (hipped, and Invoice fent, A. draws the Amount on B. in the Manner following, viz. London, January vhe yih, 1791. Exchange for 100/. Str. at ^iJ. per Dolhr. EI G H T Days after the Arrival of the Bale of Says, per the Coudfelh-u; C.ipt. fobn Saunders, marked B N '. i , at Leghorn, pay to C. D. or Order, kr Colt of the lame, the Sum of one hundred Pounds Sterling, at fifty -one I'ence Sterling/ii7- Dollar, Value in Account, and place it to Account, a^/i/ Advice ffi'in To Mr. B. Merchant at Leghorn. And when B. has accepted the Bill, he is obliged to comjilv with its t""ontcn!s, viitlwut any Regard had to the Rile or Fall of the Goods or any other Ciicuni- llllKV fiance St-a, I are d afterw by All Anc dition for Inj to accc A li Circuni I will 1 morrow tance, \ having ] the Bill. But il tin's is .1 from tak What Qiiellion Jury. given upc; And tholi and mutii Money to larger Sun Heged Toi quital for •urz Londo OUR' F Sum ol on N. B. m hm-ei-er, new na.'i m\ 160. \\ {'i)l]tl?()r taking Care was perffirn IVoffit is o 161. In the Pcrforii "lent to av(j liim thereto Non-perfori proceed agn •'iealbn is, 1: Acccptant, i6z. If : pOlillllf, 111 "' Itrfonn i 45 1 AV< L.iMr ol Kiliii „|- V- 5!- 1' BILLS O F E K C I [ A K G !• , c.^•. ftancc wliatlocvcr tliat docs not hinder their Delivery ; but if tlic Says are loll at Sea, tluM) the Aiceptancc is null, and the Dill mortified ; yet it" they arrive ami are delivered, though damaged, li. muft receive tliem and ]>ay the Bill, and afterwards charge //. with what the Damage ihall he rated at, on a Survey taken by Authority. And, it a Merchant undertake to accept llilis to a certain Amount, on Con- dition that a Cargo of an ecpial N'alue be conlig.icd to him, and an Order given tor Inliirance. It the Cargo coidigncd do not equal the Value, he is not bound to accept. A fmall Matter will frequently amov o an Acceptance, according to the ibi.i. p. ;,. Circumftances of the Cafe: Thus, if a Merchant fay, " Leave the Bill with me, I will look over my Hooks and Accounts between the Driwer and me, call to- morrow, and accordingly the Bill iliill be accepted ; this is no ccjmplete Accep- tance, becaufe it depends on the Balance of the Account, and on tlie Mercliant's having Eftedh in his Hands to anfwcr it, fo t!u.t he gives no ablblute Credit to the Bill. But if he fay, "Leave tlie Bill with inc, and to-morrow I will accept it ;" this is ar< Acceptance, for it gives Credit to tiie Bill, atid nrcvents the iloKler froni taking the necellary Steps againfl the Drawer. What (hall be confidered as an abfolute, or conditional Acceptance is a Queltion of Law, to be determined by the Court, and is not to be left to the Jury. 159. Among Conditional Exchanges niay alio be reckoned thole Bills that are given upon Account of any Wager, or for the Alfurancc of Things dubious. And thofe made upon Accoimt of a Wager, t'. . are cither (ingle or reciprocal and mutual. The lingle ones are fucii as (ollow — a Ferfon's giving a Sum of Money to another, who in Return give:, him a Hill of Exchange, p.iy.djlc for a larger Sum than he received at the D.iy of Marriage, Surrender of ("uch a be- (ieged Town, or any other contingent or uncertain Evei.t j as alfo to fecure a Re- quital for fome Favour or Service done, when the Bill in.iy be made as lollows, viz. London, March yih, 1791. "COURTEEN Days after I am nominated a Commiilloner of the Excife {of * lifter I l.n'i' ohhiliicJ J'tic/j a Suit of Law, &:c.) I promilc to pay to A. B. the Sum of one thoufand Pounds, ©"c, C. D. I T;rm Rep. 184. '•' 'i m Mi 'il; H ,j "»' . '"'i N. B. Tl'is I think is rather a Promijjbry Note rf Hand tkin Bill cf Exchange ; I'ounrr, as it is termed this latter hy fme good Authors, I Jkall h'jI prc/iime to uew name it. 160. When a Conditional Bill is not accepted, or if accepted, not paid, the I'olltiror inufl protcil, and (cck his Kedrcls and S.itisfadlion tioiu the Drawer ; taking Care to ink-rt in the ("aid IVotelt, and al(o to prove that the Condition was jierformed, or that he was ready and willing to perform M, otherwife the I'rotell is of no N'aluc. 161. In Cafe the Ho (Te (Tor of a Conditional Bill, who is al)i()hit(lv obliged to the Hcrforir incc of its Contents, would inortity the Sum, and not demand Pay- ment to avoid penbrming the Condition, in fuch Cale tiie Arci'ptui n.ay compel him thereto, by depotiting the Money, and proteding agaiult the Holledbr tbr Non-performance ot Conditions and all Dainagcs oecalioncd tiiereby, and then proceed againfl him according to the Law and Cudom of Exchanges ; ami the Jlealbn is, becaule he, the Po(leflbr, would liave adtcd in like Manner againfl the Acccptant, if he had been tardy. 162. If a Condition whereon an Exchange Contra«5> is grounded, was once poliible, after the I'ollelfor had procured Acceptance, if the Podelfor was oblige I ti) i^crform it, or after the Remitter received the Hill from the Drawer, provided 4 the ■I ' M ■J' If ^' ^' 1 45* OF BILLS OF E X C H A N G F. f-:-'/ die former obliged hinifclf to a Performance, and it fliould afterwards be morally impolVible, tl\eir iiegleding the Opportunity makes them hable to i'lti .fy rJl tii • Dam.ige ain] Lofs that the Drawer, Acceptor, or any othe<- concerned i^,ih]ii(i\i. they have fuffcred and fuftained in it, becauf; his Condition was the Caufe of ilie Coi'itr-". 1 6^. A ConiH.'on may be faid to be performed, tliough it be not adiui!',-, |nrfi^iiaca h'. thi- '"rofllfToi, if another aOh for bin and docs it by 'is O.Jc, . if .mother '.'oncerncd in ii acknowledge it as qi/ii/i performed, and this •'.',\l c-olij;? the Acceptor to pay. As thus, if yl. pay to li. then pay to C. i^c. or if yl. ar'l B. difcount, or B. confelTes himfclf fitisficd, the Condition is per- formed . 164. As Pro Fsrwrt E>:changes are fretpiently pradlifed, I ihall menti( n fum: Tarticulars concerning them in this general Treatife of all the different Specie; of Bills ; and ihall firf^ obfcrvc, that when any 'of , r not pay it il \ nr. Fl.ice w Kc'.Kins the \ roiiefii^r Ihoul after receiving from the Ren (■;■ uidefs the 1 ' . one livinj^' at the I 111'; Place with his I)cbtor, advifing his Cornfpondtnt that for fonie particu!:.r Kc!! tiled as fuch, for his fo doing ; (;• unlcfb the Dr.rwer give him a futHcient Satisfliction, and he know.- him to be 1 otii a fdlvent and honeft Man. I"!. Among fri forma Lxchanges, thofe Bills mnrt be reckoned wjiich arc liiawn on a Delitoi', and remitted to a Creditor of tlu- Drawer's ; to be paid to his Order, V.iUie of the fame, pro forma, and without agreeing to any Courfc, only rv;quclliiig Irom him to procure Payment, and plate it, when received, to his Ac'coi;at. 17?. A Debtor, on givir.g fuch a Bill tr) liis Creditor, Ihould demand a Receipi fi( in him for the Bill, with an Aclcnowlcdgement that his Name as Remitter is n,h ukd pro flriiiii, aiid obliging himfelf when paid, cither to remit or credit it t'l the Drawer, accoruing to the then current Courfc of Exchange ; but, if he c.iiinot recover the Bill, he muftexcufe putting the Drawer to any further Charge for I'rotcfts, G?f. 173. And wlien a Creditor admits of fuch a Bill from his Debtor, he fliould t'.ke from him an Order under his Hand, to fend the laid Bill to his C'orrelpon- (!cnt, or to demand himfelf Acceptance and Payment, that in Cafe the Money llioiild be received by his Correfpondent, but not remitted to him, or being Kniitted, the Rcniitiaiices are not paid, or that Protefls not being made in due Form, ^c. the JJebtor may have no Room to complain of his Creditor, who will by this Means avoid expoling himfelf to the Lofs that may accrue from the ('(HTdpondent'cMifmanagcment, which, had he acitcil without Orders, he would 1)0 liable to pay. 174. And if in fucli a Cafe the Debtor fixes his Courfc witli his Creditor, whether before or after the Acceptance is procured, and does credit his Accomit current with the Sum ; or elfc when another, whofe Name is ufed pro forma iigras for the Courfc with the Drawer, and pays him the Value, then his Ex- rh.inge lofes its fro forma Nature, and becomes adtual and real ; and in Cafe of I'rotcil, the Drawer is obliged to make good the Re-exchange and Charges. 175. When fuch a Bill, at the Rcquellof the Debtor, is by the Creditor drawn 111, and the V;due is made him good in Account cuti'Mit, the Lofs by Kc-exchange 111! Charges appertains to the Debtor ; but, if the Creditor draws in the Bill without the Drawer's Order, tlie Lofs iimft be his, if any happen. Of the Lofs of Bills of Exchange^ ^c, i;6."niLL5 of EXCHANGE arc often /oji by being millaid, the Pod's ■*-' Mifcarriage, or various other Accidents} it is therefore cullomnv to j^ivc three of the fame I'enor or Date, as lias been before obierved, and ibinetjmes tuur or more, concerning which I tliall mention fome particulars, fur my Rea- der's Government and Information. 177. When a Remitter declares to the Drawer, that the Bills he received are Idft, or fo miflaid that he cannot find them, and d; lires him to rejiay their \'aluc, tiiiilcr a fatisflu'tory Indemnification from any futtlrc Prejudice or Demands about iliun , the Drawer in this Cale, is not obliged to comply, thougli the Negociatioii was for his own Account; only, he muil give other Bills, and take Care that tlkfc be exadlv the fame with the former, diftering in nothim^, but that, if he 5 y- ^ had \n A 1 i» ' I , lv'^?~K-, 454 OF BILLS or FXCHANGE, i^.. h.ul given the firrt, fecond, or tiiirl before, lie now adds the fourth and {'SCd, thcnigli this lliould not be done -.cither, after the Bills are f.dlcn due, unlcfs the Remitter give the Drawer furticitnt Securily to bear him hannlcfs. 178. It IS the Duty of ail I'ollLirors of Bills to have a fpccial Cire of thciii, that they may tfcapc the aforementioned Accidents ; and it would be prudent in every Merchant to fill up blank Indorfemeiits, as foon as he conveniently can alter Receipt, left he Ihould lofc them, an^l the Finder do it for him. 179. Whenever a PodlCbrdifcovers tlwt lie hath loft a Bill, he ought iiift.intiv, or at leaft before the Day ot' Payment, to :dvife the Acceptor thereof, with tk Precaution not to pay it to any other than him, or his Order, and in Cafe aii.tlit: come to recover, to ftop it, and advife him thereof. 180. If the accepted Bill be the/////, and is made payable to the Order of one flt the I'l.icc of its Difcharge, and he in whofe Favour it is, intends to dr.uv ii the froiii, but has loft the /r>// th.\t was accepted, and has no //jirJ or /oiir;i; tior cannot procure them, as the Drawer is dead, or abfent, &c. he niav vci draw in and negociate the Sum, if the Indorfer, in Cafe his Firm be uiikiiodi to the Acceptor, fends a full Power, by Letter of Attorney, to him he would lu,. it p.iid to, for receiving it; but if the Indorfer's Hand be well known, and him- fell in good Credit, then a written Order to the Acceptor for its Payment, \vi:;i an Indemnification, will be futlicient. iSi. But it (hould likcwife be remarked as an Ajft of Imprudence ia an Ac- ccj-tor, to fatisfy a Bill made p.iyable to Order, though by him accepted, if thj:, or anothiT of the lame Tenor and Date, be not indorftd in due Form, and dd:- vcrid up to him, with the accepted one, at the Time of I'r.yment, though i- maniled by the Perfon whom tne Remitter or Indorllr hath impowercJ for th.u Pur|)ofe ; but when the accepted Bill is loft, and the Jlcond^ unacccptd, i; regularly indorfed till it come to him to whom it is payable, the Acceptor, ir. fuch Cafe, is obliged to pay the fame when due, upon a fuft'.cient Security >^\sa him to deliver up the accepted Bill if it again appeared, or to indemnify him from any future Demands for its Value. 1S2. When any one mifi'es his accepted Bill, whether payable diredly to tk PolfelVor or to his Order, or if fuch a one receive Advice from his Corrcfpundciit that he has remitted him fuch a Sum, in fuch aiul fuch a Bill, &c. though on opening his Letter he finds the Bill is not inclofed, or if the Letter and Dili have mikaniec'. of whofe forw.irding he has Advit " by the fucceeding Port, ami linui that tlic iJ.iy of Payment draws ((> near, as to hinder his getting other Bilhin Room of the lift one, he may when it comes due, demand Payment upon hi> Letter of Ad\'ice, with tlie "Pender of Security to tree and difcharge tlic \<- ceptor from any future Demands of that Sum, by Virtue of the lolt Uill ; .ni if the Acceptor will not pay on thoie Terms, he may be protefted agai.ill U Re-e\c.hange and Charges. 183. When an accepted Bill, protefted for Non-payment, is loft, the Driwcr is not obligea to ;n. ke good the Re-exchange and Charges, unlcfb he obtain '.uliicitnt Security to indemnify and free him from ;'ll future Demands, anii(.ni;aj' a Relloration of the Sum with IiU'.reft, which he ihal) have paid for the Rea- thangc and Charges, in Cafe it ihould ap})car that the Bill, pretended to be iyll, ilwnid afterwards be paid by the Acceptor or any otlier /w^aj Proteft. 1S4. When an accepted Bill is loft or millaid, the Remitter or PolVelfor cannot have immcdute Satisfaction from eitlier the Acceptor or Drawer, but mull pro- ceed ajrair.li tiicir. in the ordinary Courfe of Law, as if it was for fome othi' Kind uf TVV't, t., * Proteft cannot be made but upon an accepted Bill, or the refufed Offer-, of Indemnity, iSv Mfriu. advifts, that as fujn as the Poftelfor of a Bill milTes it, he ihcuU have immediate P i.ourt^ to the Acceptor, and in the Prefcnce of a Notary aiw two Wiuicires, acqu.xir' h\:n with its being loft; and (ignify to him, that at hi- Peril, he pay it to none b^it thol>: with his Order ; and he adds, that no one ihoM refiife Payment 01' a Bill he has accepted becaufe it is mifting : As he alTcrti, thit Pi\;;cl} being m.'!*; for Non-payment, upon the OfTcr of a fullicient Seeuii'.y 4 ' ',•■.,■ '''-^ OF BILLS OF EXCHANGE, t?: 45^ and f;l"i!), uiikfs the re of them, : pruJciit in liiiiitly tan, lit iiirt.uitlv, t", witli the L'afe anutht; 3rilcr of o!i; to dr.iw ill (/ or four'J:, )\e niiw yci ti unknow;! e would !m; n, and hini- ynicnt, ui;h ;c in an Ac- ptcd, ifth,u, 111, and ck!:- diougli ik- rcrcd for thji nacccptai, i; Acceptor, ir. security given lify hiiu from dlrcflly to tli: LJorrel'pondtnt L'. though oil and Bill have oft, and liiiui other BilUii cut upon hb ,ir<^e tlif Al- ii Bill i .111 J ai^ai.ill 1'- i, the Drawer Icb he obtain 1^, andtngai-' >r the Re-i\- Icd to be \A, lit. (iVelfor cannot i)ut mull p'.o- Ir loine othr Bill, or tlw lit. hcihculi Notary arJ fci, that at hi jio one (hoiiU Irlcnt Sccuii'.y onJ Indemnjficution, will oblige the Acceptor to make good all Lofles. Rc- cxchant: and Charges, as he wilfully occadoncd them *. iio, by the- Statute of 9 1^111. III. Scil. 3. " It is provided, that in Cale, any fiicb inland Hill or Bills of E.xchange, as mentioned in the former Part of the Ay/ accepted loil Bill was made payable to him that loft it, and the /(VW, unaccepted, fhould be made payable to another Man, then if the Money bo really paid when due to him, to whom the Jirjl accepted, though loft Bill was payable, fuch Payment is warrantable and good, and the Poflcflbr of the J'ecotul can have no Demand on the Acceptor. 187. And fuppofis the faid y/r// accepted Bill ftiould be found by a Stranger, who demands the Money in the Name of iiiin to whom it is made payable, or tliat tiie true Poll'ellbr fliould have alTigned it to another, and taken up the Value, yet neither can have any Demands on the Acceptor, if previous thereto ^ has paid it to whom it was payable, tiiough without the accepted Bill, under 1 proper Security and Indemnification. 18U. If a Bill of Exchange be loft by him, with whom it was left for Ac- ceptance, or tliat he hath by Miftake given it to a wrong Perfon, or by any other Change or Intention, thePolleftor cannot obtain a Return of his Bill, neither accepted nor unaccepted, he that loft it is oblig:d 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 Jho.id, if it arri' cs in Time, or if not, upon the faid Note, which in all Cafes is to have the Lav and Privilege of a Bill of Exchange ; and, if the Acceptor refufe this, the Holder muft imme- diately proteft for Non-acceptance, and when due nuft demand tiie Money, though he has neitlicr Note nor Bill, which, if refuled, a Proteft muft be regu- larly made for Non-payment. Where an original Bill is loft, and another cannot be had of the Drawer, a av./*, i nw of Proteft may be made on a Copy, efpecially where the Refufal of Payment is ^'"*°f'^*«''- not for Want of the original Hill, but merely for another Cau • . 189. The Pofleftor of a Bill ftiould be careful that it He 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 I'oft may hinder it from getting there till after due, in which Cafe, a Proteft will be infignificant in Rcgiird to its Recovery of the Drawer, as this was not timely demanded ; and therefore he that conftitutes himfelf an- other's Agent, and receives Hills to folicit their Recovery, and neglerts demanding Payment when they are due, or, if refiifed, omits protefting, will be obliged to make good the Damage that ftiall accrue through Iiis Remiftiiefs. 190. He that is Pollell'orof a Bill, which only fays, pay, without mentioning the lime when, or that it is without a Date, or not clearly and legibly written, payable lijme Time after Date, Ihc I'nnclTot, Oimil^l aliorwririlscomc into the PoflclEon of any Perfon, wlio ITiall have Mill a lull uml vilualile conluleiaiion for it, vf ilhoul Knowledge of the Circumlliriicc ol in having been loll, the Biaiicr :inil the Atrcptor, if the Bill was ai.>.cpiod, or the Driiwcv, if it was not ata-ptcd, mult pay it, when iluc, lo fuch a fair roflclfor, fo that A7.if/,.i'i Law ff/m» very doubtful, and the rro\ilion uf the itnutc of "///. III. inaj in many (.»(cs be ufclefj, tu ihc Lofct of the Bill. P. S8. 4 \ li r "f <■ I t . " W : : «t r f? i>5" ,., If .1! I !!l: !!'l- I 'j .raw- HP* ■ i; ^ji- tcft is of Validity agiinft the Drawer ; but yet, if he that li.itli the Bill omits to I'lcmand Pavnit'nt, anp of the Bill only fcrving to < xprcfs an Abbrevintion of the latter wrote at Length in the B(xly, and arc incited the very SublVai-ce of it, and therefore more particular Regard ought to be had to them than the others ; and for the fame Kc;'fon, though the Sum figured in the Letter of Advice and Bill do agree, the \A'ords in the Body of the Bill (liould determine the Affiir, at Icaft till the Cer- tainty can be known. 194. And if the Name of the Perfon to whom the Bill is payable fliould be altered, craled, or interlined before Acceptance, this will not jullify the Acccp- tor's Refufal t > pay it when due to the Perfon whole Name has been fo mended or intcilinai, a? he miift or ought to have taken Notice of fuch an elFential F.ir- ticular, when he accepted the Bill, and (liould have llartcd the Objedion and iiitisfied himfelf about it before accepting, as this oblige, him to a Compliance, even though he (hould aver that the Amendment or interlining was made after, except he can prove it, v/hich it will lie upon him to do. 195. If the Dircdion on a Bill of Exchange be forgot, but the Remitter aJvifc his Correfpondent on whom it was intendui to be drawn, the Poirellor may de- mand Acceptance, and in Cafe of Refufal protcft againft the Drawer, and recover the Charges of him j and in Cafe the Perfon drawn on have a Letter of Ailuie 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 tddf by Bills on Marts and Fairs, and though the Englijb li.ive very little Concern in thcfe Negociations, I have thought it not foreign to my Defign of giving my Readers a general Notion of Exchanges, to defcriht- t!w Nature of ;'iofc particular ones ; which I ihall do in fpeaking of a few ot the n:<-1l confiderablc, and from thefc a juit Idea may be formed of all the Reft. 197. There arc many Fairs in £«;o/>t', where Bufinefs for very gre.u Sums is tranfatitcd ; i^ M Lyons, Rbeims, Rouen, BourJ,aux, Troyes, St. iXms, Uhfpi, '■Toulon, &c.ii» France; Francfort, upon the Main, Li-iftzui and Nttum'^'^:i'-;^'.\ iii Gcr'fiiiny, Bclzano, in the Firol \ and A'oiv', fubjetlil to the (jr:no<^i-, witli itiven others unnecclfary to be mentioned here; and, as I propofod, I ihall limit wiui I have to fay concerning them in Regard of Bills, to thofc of Lyons, Fr,ii^-^ri, Leipiic/:, or Leipzig, and Nniiinbourg, being the moft confiderablc of all others. 198. There arc yearly four Fairs at Lyons, in which each hath his Payment of Bills, bearing the Name of the preceding Fair ; tiic //r// is that of the Ef>i- phmrj \vhich alway begins in January, the Mond,iy alter I'welfti-Day -, the/.v^"/ is Eit/h-r Fair, beginning on St. Nijicr'i Day, in ,'pni ; the third is /lugnU Fair, which begins on St. Dominick'i Day in that Month ; and tlie J'mrU' a the Fair of All-Haints, beginning on St. Hubert's Day, in November ; and as each Lair has its Payment, the major Part of the Bills on thii City aiL- not micle payable in Fair Time ; and though they ihould Ik-, they vvill only li- riifcharged afterwards in the Payment of that I\iir, which Payment;; arc rc^ulatal as foUow.s, viz. 1 99! The Payment of the Epiphany begins the firft, and ends the l.ill oi March -, that of EaJUr begins the firft, and ends the laft oi' Juiu -, that of .%'' ' i.>.t^* OF BILLS OF E X C II A N G F, Lff. begins the firft, and ends the laft of Sfptemher ; and that of AU-^ain!s begins the firll, and ends the lall of Dcamber j fo that when Bills are drawn ti) be paid at one of thcl'c appointed Times at Lyons, that is not yet begun, the Drawer lays. Pity this mi pji of Exchange, &c. /«//>(• «f.\7 Epiphany Pr/ywi///, or in the next Eaftcr Piiyment, ice. but if the Payntcnt is already begun, the Hill muft then be drawn payable in this lunrnt, or I'refent Payment of Epiphany, or this current Payment of Ealler, &c. 200. It was culloniary formerly to make the nills drawn from Amjlenlam and chew here, on the Payments of Lyons, in golden Crowns of ti\e Sun ; but as tliis Specie has been long fir jc decried in France, the prefent ufagc in Exchange is to draw for the Payments of Lyons, as is pradtifed on all other Parts of that King- dom, riz. in Crowns of lixty Sous. 201. '1 he Bills, drawn in the above Manner, are to be accepted in the fix firfl Days of the l'.iyment they arc made payable in, and the Perfun they are drawn on is not obliged to declare whether he will or will not accept till the fixth Day, but after thai l)ay, the Bearer may proteft them for Non-acceptance, though he lliould detain them during the whole Time of that Payment, to fee whether any oiiJ offers to difcharge their ; however the Proteft fliould immediately be for- warded to ihc Remitters j and if any one nays a Bill of Exchange in the Time of the Payment, bctbre the fixth Day, or if this b<; a Feaft the fJay following, it will be at liis own Rifque. 202. 1 he Bearers of Bills not fatisfied by the laft Day of any Payment, mufl: protcll them on tiie tliird Day after the Payment finiihes, otherwir- they will ioli; tlieir Right againft the Drawers; but if this is done in Form ad in the Time pafcribed, the Holder may afterwards refufe Payment from any one that offers it, and take h', ^livVztvAW, Germa- ny, Holland, FlamWs, and Eng/am/, in three Months ; and thole which are drawn from Spain, Portugal, Poland, Siveden, and Denmark, in Jix Months, to be counted from the Date of the Proteft ; and in Default thereof tliey will lofc their Rights agninft the Drawers or Indorfers. 204. Franci oRT has two annual Fairs of great Rcfort, viz. the frj} is the Fair of Ea/ier, beginning the Sunday before Palm-Sunday, that is, fifteen Days before Eajler j and the Jecond is the September Fair, whicii commences the Sunday preceding the Birth of the Virgin Mary, which is the 8th of September, if this Fcart happens on Monday, Tuejday, or H^ednejUay j but if it falls out on Thurfday, Friday, or Saturday, then the Fair docs not begin till the Sunday following, or on the Sunday which that Feftival may fall on. 205. Each of thcfe I'airs lafts fifteen Days or a Fortnight ; the firft Week is appointed for accepting, and the fecond for paying the Bills of Exchange j the Acceptance payable in Fair-'I'ime is made from the Monday of its Opening to the 'luejday of the fucceeding Week at nine o'Clock in the Morning, after which Hour, the Pofltflbr of a Bill is no longer obliged to wait for P;iyment, but fliould piuteft, or at Icaft note it for Non-acceptance, which indeed lie may do from the Moment that Acceptance is denied. 206. Bills on thefe Fairs were formerly accepted verbally, but tlicy muft now be accepted in I'orm as other Bills are, by Sublcription of the Accepter's Name, with the Day of its Acceptance ; and when a Bill thus accepted is not fatisfied before Saturday Noon in the Week of Payment, the Bearer is obliged lo proteft it for Non-payment, by carrying it to the Notary eftablilhed for that Purpofc, l^ctween two o'Clock and bun-fct, that he may note it, alter which lie muft fend the Proteft per tirft Poft. 207. Leipzick. has three Fairs yearly ; the /r/? being called the Keiv-Tear'i Fair, commences on the firft of January, or on the 2d, if the firft be on a Sunday ; the Ji'cond is at Eajler, beginning always on the Monday three Weeks from that 6 A Feaft > 457 ! • ! .' "fli ,i. n i"ii ■ .;i m:\m ;i I /!?' 4j3 O F B I L L S O F i: X C n A N G F, tf.. FeaA j ami tlic third begins the firfl Sunday after St. MUb.ul, whctlicr tlut D.iy li;\ppcns on a Sunday or not. 208. Tlielc I'iiirs arc opened on the appointed Days by the ringing of a Ht || and wliich rings again eight Days after to finilh tlicni ; io that iljcfe light in- terinediate Days between the two Ringings iii pro|x.rly the I'air, and tlie Ai-- ceptancc of Hills is demanded on the firfl or feccMul of thtfe Days ; but if the I'crfons on whom they arc drawn have a Mind ti defer tluir /Xcccptaiice till the Week of I'av incnt, tluy n>ay ; which Week biguis immediately after the Ikll has rung to end the l-'air, and lails till the fifth Day following intlufivej fo th.it the Uills on the AV-u -)'<.»; '/ Fair ought to l>c paid the i 2tli of Januu'ry, and ihofe on tlie Fairs of Eti/irr and Mii/jiir/maj , the Tlmrfdiiy in the Week of l'.iv. ment, otherwife to be dulv protclled. 209. It is permitted to the 1 loldtrs of the Billj to protefl them for Non-attcpt- ante, immediately on Refufal, but not to return them i on the contrary, they arc obliged to keep them till the I'air is entirely finiilicd, to lix if any one offer. I'aj nient ; and as what is called the Convoy of Surcmht'rg departs from L. :h;i:k at ten at Night of the protelling Day, there is no Koom to make one aftci th.it Hour, and the I'oll'elforb will forfeit their Right againft the Drawers if they let the Time llip. 210. N.M'MBouRC holds a ver)' confuierable Fair yearly on the Feall of St. Vctrr and St. Paul, which is commonly reckoned a» the lourtii of L,:fs//j, payable at thrw Ufances, dated the 22d of yipril, I can immediitely fend it lorward, and in i little Time have the Advice of its Acceptance, when I have t" o Debtors or Sv-- curities, liz. the Drawer and Acccptant i uhereas if I t.ikc a UiU of the lame Date, payable in the Payment of Eujler Fai' which tinilhes the 3 ill ot 'fuh, and is the fame Day, as the laA of Grace or Refpitc to the above mcntioncu Bill taken at three L'fances, and whole Succefs, whether it will be accepted or noi, I cannot learn till about the 13th or 14th of July, becaulL', as I have before ob- ferved, the Bills dniun upon the Payment s cf i.yons are only accepted durini tb Jixjirjl Days of Payment ; now if from the 22d o( ylpril to the Ueginning of 7'../ the Drawer of my Uill fails, I have great Realon to bekive it will iK-itlier be ac- cepted nor paid ; whereas if that drawn at the three Ufo's is not accepted, I llull know towards the 8tli or 9th of Afay, and may have my Recourle againil th.; Drawer, who m.iy be in a better Condition then to give me Satisfaiilioii'or secu- rity than on the 1 jth or 14th of Ju/y, or the loth or nth of yJujiifji, alter getting my Uill with Protelt for Non-payment i and tlv.s may fullice for whit regards the Payments and Exchanges on I'airs. 213. I have already quoted fundry Adts of Parliament in Force, relative to Inland Uills of E.vehange, which have greatly altered their Nature liuin whit it was bclbrc their lixillcnce; I flioU now introduce fomc new Cafes winch luvc bccit O F B I L I. S O F E X C H A N G E, C-V. ' 459 bicn tried in our Courts of Law, in which very fingular ami unprccciJent Cir- luinftanccs have occurred ; and have lb greatly [Krplcxed wot. only ihe CJciitlenu-ii at the Bar, hut even the I'.urncd Judges on the Bcmh, that tiiial Decilions will he Ibllitited, ufxm Cafes made out exprcfsly for that i'urpofe, from the fuprciuc trthu- n,d of the Kingdom, the Houfe of Lords. But hcforc wc protcrd to thefc recent Trials, it will be nccelVary to notice in their Order, a few Decilions prior to them j and which arc ncvertheUfs of the firft authority, and of unlluken Validity. 214. A Writ of Error was hrought on a Judgment by //// t//iit in an A(flion a-rainft tlie Drawer of an Inl.uui Bill of Exchange, and it was. objeded tliat fuicc the Ai\ of 9 W7//. 111. no Damage (hall be recovered againft the Drawer upon a Bill of Exchange, without a Protcll, and therefore the Adion lies not, there being no Frotcll. Hut Ih/t C. J. TIic Statute never intended to dcftroy the Aiilion for Want of a Protuft, but only to deprive the Party of recovering Intcrtft and Coft upon an In- l.iiul Bill againft the Drawer without Notice of Non-payment by I'rotcft : For before the Statute, there was this Difference between Foreign and Iidand Bills of {exchange ; if a Bill was Foreign, one could not refort to tnc Drawer for Non- aiu-ptance or Non-payment without a I'roteft, and rcafonable Notice thereof: But in Cafe of an iidand Bill, there was no Occafion for a Frotcfl j but if any i'rciudite hipptmd to the Drawer, by the Non-payment of the Perfon drawn u'v 11, and that for Want of Notice of Non-payment, wliich he to whom the Bill is nude ought to give, the Drawer was not liable; and the W^ord Damages ill the Statute, was meant only of Damages that the Party is at of being longer (Jilt of his Money by the Non-payment of the Drawer, than the Tenor of the Bill purported, and not of Damages for the original Dclu : And the Frotcll u as ordered for tlie Benefit of thr Drawer ; for if any Damages accrue to the Drawer lor Want of I'rotcfl-, 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 ■i Proteft 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 tlie Value of the Bill, there ihall be no Recovery, but otherwifc he ought not to lofe his Debt J but that ought either to appear by Evidence upon Non Affumpjit, or by fpci ial Pleading 5 and the Ad is very obfcurcly and doubtfully penned, and we oui^ht not by Conllrudtion upon fuch an Adt to take away a Man's Right. And the judgmeni was atfirmed per totam Curiam. 215. In an Adion on the Cafe on an Inland Bill of Exchange brought by the SaH. wj. Indorftr againft the Drawer, it was objeded, that there was no Averment of the Defendant's being a Merchant ; but it was anfwered and rcfolved by the Court, tii.it the Drawing of the Bill was a fufticient Merchandifing and Ncgociating to tliis I'urpole. 216. Acceptance of a Bill of Exchange after the Day of Payment paft is i,. ;?^,„„/, ufual. 36^. '■♦;•»• So .Acceptance for tlic Honour of the Drawer, Csff. 217. To intitle the Party to an Adion at Law in England againft the Acceptor ofa uill, it matters not whether there be a Proteft; but to intitle the Party to a Recovery againft the Drawer beyondthe Seas or clfewhere, there muft be a Proteft before a Notary Publick. 218. A Bill m.iy be accepted for Part, when the Party on whom it was drawn TVin. jo h.id no more h'ffeds 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 leall for the Refuiue; and after Payment of fuch Part there muft be a Proteft for the Remainder, as the receiving Part of the Money upon a Bill does no Ways weaken it. z\'). It is allcrted by Marlus, Scarlet, Molhy, and others that have treated of Bills of Exchange, that any Time before the Money comes due, the Drawer of a Hill may countermand the Payment although it hath been accepted, and this is ulu.illy made before a Notary, though if it comes only under the Party's Hand, they allow it to be fuflicient, and in Cal'e of Difcount, or Payment before it is due, they fuppofc the Acceptor liable to pay it again in Cafe of a Countermand; from ; '*ifi I , >' ' I ,'•■ :' 1 \ il. I' At ! j ^ IVfli. i w ^': IMAGE EVALUATION TEST TARGET (MT-S) k // ^/ ^ A. y 1.0 I.I 11.25 2£ 12.5 1^ Wk^ 2.2 2.0 R IM 6" h 'A '> ■> Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) S72-4503 \ iV a? :\ \ ? .,v .^ l/.A %u OF BILLS OF EXCHANGE, y.-. from all which I muft diffcnt, as this abfolutely ovcrfcts the Validity of all Acceptances. 220. When a Bill beyond Seas is accepted, and not complied with when due, the Proteft for Non-payment by a Notary is fufficient to fliew in Couir here, without producing the Bill itfelf ; but if a Bill in England W. accepted, and a fpccial Aiftion grounded on the Cuftom be brought againft the Acceptor, at tlic Trial the Plaintiff muft produce the Bill accepted, and not the Proteft, other- wife he will fail in his AdVion at that Time ; therefore it is moft fecure that a Bill once accepted be kept, and only the Proteft for Non-payment be re- mitted abroad. 221. If a Bill is not accepted to be paid wVtn due, but for a longer Time, the Perfon to whom the Bill is made payable muft proteft the fame for not bein > accepted according to the Tenor, yet fie may however admit the Acceptance j nor can the Acceptor, if he once fubfcribes the Bill for a longer Time, revoke his Acceptance, or blot out his Name, although it is not according to the Ttnor of the Bill; for by this Aft he hath made himfelf Debtor, and owns the Draught made by his Friend upon him, whofe Right another Man cannot give awiy, and therefore cannot difcharge the Acceptance j and this Cafe will admit of two Pro- tefts, if not three, viz. PtrL.C J. Pemierlii'i inter Pike Ic Shale. Car. II. in B.R. tSali, 126. Carlhetv's Rep. 460. 2 Show, I. 1 Sallt. 23. Ibid. I2J. ♦ijtl -Wi «'•, M 1 . One Proteft muft be made for Non-acceptance, according to the Time tl:e Bill is payable at. 2. For Non-payment when due according to the Bill's Tenor. 3. If the Money be not paid according to the Time that the Acceptor Cub- fcribed for. 222. A Bill was drawn payahle oh the ift of 'January, and the Perfoii to whom it was direfted accepts it to pay on the i ft of March, with which tli; Servant returns to his Mafter, who, perceiving this enlarged Acceptance, ftrikci out the I ft oi March, and puts in the i ft oi January, and at that Time fends tli- Bill for Payment, which the Acceptor refufes ; whereupon the PoffefTor ftrikej out the i^ of January, and inferts the iftof March .igain : In an Aftion brouniit on this Bill, the Queftion was. Whether thefe Alterations did not deftroy the Bill ? and ruled, that it did not. 223. A Bill of Exchange, payable to a Perfon or Bearer, is not affignable, l"j as to enable the Indorfee to bring an Aftion, if Payment be rcfufed ; but when it is made payahle to a Perfon or Order an exprefs Power is given tlicreby to aflign, and the Indorfee may ihaintain an Aftion -, and the firilt is a good Bill between the Indorfer and Indorfee. 224. The Acceptance of a Bill, although after it is become due, is Iiindin? to the Acceptants, an Aftion is maintainable thereon ; the EfFeft of the Bill being the Payment of the Money, and not the Day of Payment. 225. When a Bill of Exchange is accepted, it is good Ground for a fpecial Aftion upon the Cafe, but it doth not make a Debt, ^c. 226. Indebitatus Affumpjit doth not lie againft the Acceptor of a Bill of Ex- change, bccaufe his Acceptance is a collateral Engagement, though it w ill lie againft the Drawer j and a general Indebitatus AjJ'umpJit will not lie on a Bill ct" Exchange for Want of a Confideration ; and therefore there muft be a Ipeciil Aftion upon the Cuftom of Merchants, or an Indebitatus yljfumpjit againl^ the Drawer for Money by him received to the Plaintiff's Ufc. 227. In the Cafe of Bromwich and Lades, it was f.iid by the cliief Juilicc Treeby, that Bills of Exchange were of fuch general Ufe and Benefit, tlut upon an Indehitat. AJj'umpfit, a Bill of Exchange may be given in Evidence to miintain the Aftion ; and by Mr. Juftice Powel, that upon a general Indebitat. A/um^pi, for Monies received to the \3f& of the Plaintijf', fuch Bill may be left to the jury to determine whether this was for Value received or not. In this Cafe the De- claration was on the Cuftom of Merchants, and a general Indcbitdt. J/u'iij'Jit thereon. See the Declarations and Exceptions to it, in Cafe of BcH'i/'i aiiJ HeJIer, in i Lutwich, 1589. 4 22S. It dity of .ill when due, ^ouit here, pted, and i jtor, at tlic teft, oiluT- fecure that lent be rc- inger Time, or not being Acceptance ; ime, revoke ;o the Tenor tlie Drauglit ^e away, and of two Pro- :he Time tl-.e Lcceptor fab- :he Perfon to th which tlv: ptance, ftrikes rime fends th; >ofleffor ftrikcj Idtion brouglit not deftroy the aflignablc, lo ed ; but when vei-i thereby to is a good Bill lue, is binding '.&. of tiie Bill for a fpeciJ a Bill of Ex- igh it will lie lie on a Bill cl ift be a Ipeciil pjit againll tk thief Jufti":^ elit, thJtupn^ ice to maintain /,;^ J/uinl'J''' left to the jury s Cafe the Do- l,it.it. J/""'!'}' kf Bcll'iJ^' ani OF BILLS OF EXCHASTGE, L^i 461 22 s.h 228. If a Bill of Exchange is drawn on two or more Perfons in thcfe Terrtis 7o Mr. A, B. arJ C. D. Merchants, in London, they oughtboth tD accept the Bill ; for the Acceptance of only one is not complying with its Tenor, and it Ihould be protcfted -, but if it come direded to A. E. and C. D. or to either of them ; or thus. To yl. B. or in his Abfence toC. D. in this Cafe, the Bill behig accepted by cither, it is fufficient. 229. Bankers' or Goldfmiths" Notes arc not to be accounted Cafh till received. i«f. 109. As for Example, ^f . draws a Note upon a Goldfmith, and feuds a Servant to receive the Money, and to invert it in Exchequer Bills j the Servant got 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 yi. muft anfwcr the Money to B. as the Property of the Note was not transferred to B. there being no Indorfement ; and he could not have fued upon it, it being only in the Nature of a Pledge or Security to him. It was the received Opinion, and certainly founded on the Cuftom of Mer- chants in the City of London, that Draughts on Bankers, payable to ^. B.or Bearer on Demand, ought to be carried for Payment on the very Day th-^y are received, and when it is conlidered that gr^t Part of the Payments for the Pur- chafe of Shares in the public Funds or Stocks are paid by «-he Purchafers in Draughts upon their Bankers at the Inftant of making the Transfer of the Stock, I flill think it advifeable to take the Draughts for Payment without Delay^ and not to part with the Receipt for the Transfer till the Banker has honoured the Draught. But in Point cf Law, it has been lately faid from the Bench, that if tiie Pofleffor of a Draught on a Banker docs not keep it longer than tivmty-four Hours after he receives it, before he tenders it for Payment, and within that Time the Banker flops Payment, the Drawer is obliged to pay the Money. The Cafe was as fellows. The Plaintiff took the Defendant's Draught on his Bankers, Brctvn and Co/Iinjon } the next Morn-ng they ftopt Payment, and the Defendant refufes to give Cafli for his Draught, r'.hdging, that if the Plaintiff had prefented it for Payment as foon as poffible after he received it, the Bankers would have paid it. Earl Mansjield obferved, tliat the Whole refted upon Cuftom; and the Queftion to be determined was. Whether the Plaintiff was obliged to go to the Bankers on the Day he received the Draught, for if he had, it appeared he would have been paid ? His Lordftjip faid, it was unreafonable to fuppofe, that a Tradefman Ihould be compelled to run about the Town with half a Dozen Draughts from Charing CroJ's to Lombard Street, and other Places, on the faine Day. The Jury were to confider that twenty-Jour Flours was the ufual Time allowed, and the Plaintiff kept it no longer from being paid, for the next Morning the Town was alarmed by the Bankers flopping Payment. The Jury however found for the Defendant. — Sittings at Guildhall after Eajler "Term, 1782* And upon a new Trial, the Court of King's Bench confirmed the Verdift. 230. A Note is no Payment where there was an original and precedent Mhl. t Am, Debt due, but fhall be intended to be taken, upon Condition that the Money 3^"'*" "*' be paid in a convenient 'Time ; but the taking a Note in Writing for Goods fold may amount to Payment of the Money, becaufe it is Part of the original Contradt. 231. A Servant of Sir Robert Clayton and Mr. Alderman Mjrrw, but at that Time aftually 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, who refufing to fatisfy Mr. Monc.i for the fame, he brought an Aftion againfl Sir Robert and Mr. Morris, and being tiied at GK//fr A'^/w^ Chief Juftice, that they fliould anfwcr, and there was a Verdiil for the Plaintiff; and thougi> there were great Endeavours ufed to obtain a new Trial, yet it was denied ; tiie Courts at IFeJl- minjler being fully fatisfied that they ought to anfwer, for this Servant had ,-, frequently received and paid Cafli for them ; and they ^verc obliged to coniply, and paid the Money. , ' i- 1 6 B 232. A i:U^ m 462 X fnl. 310. ffithtr/ry v. SffyijUld. I Slivw. 125. afrtr/. 31C. Carth. 5. Shtnut 264. Hniukint V. Carttner. Carth. 466. Cafes 5. /?. 213. 3 ia/. 70. Caffs 5. « 3+6. Cafes B. R .180. Ditto, 517. William: v. Harri/ilt. Carth. 160. 3 5a/i. 197. Prar/ei v. Carrft, 4 A/oi/. 242. Cmnb. 227. S«;/;. 39ij. S«//fr V. Crifi. 6 mud. 29. ItiJ. William V, Williami. Carth. 269. 2 G«.II.Cap, ivS. I. 7 C^. 11. Cap. 22. b 1 OF BILLS OF EXCHANGE, U(. 232. A Perfon who is no Merchant, drawing a Bill of Exchange, makes him within the Cuftomof Merchants as to tliat Bill. 233. If the Drawer mentions, ySr Fa/ue reccivcJ, he is chargeable at Com- mon Law } but if no fuch Mention, then you muft come upon the Cuftom of Merchants only. 234. Concerning a Bill of Exchange being extended for the King, Judge- ment for the Plaintiff notwithftanding. Evans v. Cramlington. 235. Part of a Bill of Exchange cannot be afHgned fo as to entitle the In- dorfee to an Aftion ; if it were otherwife the Party might be vexed with as many Aftions as the Holder of the Bill (hould think fit. 236. It is not necclfary to prove a Protcft made by a Pnblick Notary, for that would tend to deftroy Commerce, and publick Tranfadlions of that Na- ture. 237. 1 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 or Banker'.s Note, accepted in Payment, fhal! not be a Pay. ment, if the Party who gave it knew tiic Goldfmith to be in a tailing 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 Ncceil'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 Plaintiff declared as upon a Bill of Exchange, fetting forth the Cuftom of Merchants ; and it wi% held, that to pay Money upon fuch a Contingency cannot be called Tradiii', and therefore not witliin the Cuftom of Merchants ; and Judgment was giv;n for the Defendant. 241. A Note was in this Form : / promife to pay J. S. or Order, the Sum cf one hundred Pounds, on Account of IVine bad of him. J. S. indorfed it, atiJ the Indorfec brings an Aftion againft the Drawer, and declares upon the Cuflcm of Merchants j and doubted by Holt whether Aftion would lie, and advifed with Merchants, who declared that fuch Notes had been in Ufe thirty Years, and that they looked upon them as Bills of Exchange, but Cur. advifare vult. Holt declared he remembered when Adions on Bills of Exchange firft bcgsn. 242. A Note drawn by J. P. whereby he promifed to pay 12/. 10^. toJ-W. on a Day ceruin ; and he indorfed the Note for Value received to D. F. who indorfed it to the Plaintiff for Value received, who brought an Adtion againft y. W. fetting forth the Cuftom of Merchants -, and held the ASlbn lay. 243. By this Statute it is enadted, that if any Perfon fhall forge, or rocure to be forged, or affift in forging, any {Jnte, alia) Bill of Exchange, Prcimillbry Note for Payment of Money, Indorfement, or Aflignment of any Bill of Ex- change, or PromilTory Note for Payment of Money, or any Acquittance, or Receipt for Money or Goods -, or (hall utter or publifh, as true, any fuch forged Bill, &c. knowing the fame to be forged, with an Intent to defraud any Perlon, 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 to be fdlfly made, CSc. or aflift in falfly making, &c. any Acceptance of any Bill of Exchange, or the Number or principal Sum of any accountable Receipt for any Note, Bill, Off. or any Warrant, or Order for Payment of Money, or Delivery of Goods, or fhall utter or publifh any fuch falfe Acceptance, Bills, Cfi. with Intent to defraud any Perfon ; every fuch Offender fhall fuffer as a Felon, ivithout Benefit of Clergy. Notwithftanding thefe pofitive Laws, the abfurd and mifchievous Cuftom of making inland Bills payable to fictitious Perfons ; that of one Perfon indorlinj another's Name j and even drawing in feigned Names had prevailed fo generally, and got to fuch a Height, probably from an Idea that an Indiftment for Fe- lony would be cafily quafhcd, upon proving tiiat no Fraud was intended— as to make it neceffary to proceed with the utmoft Caution, and at the fame Time with becoming Firmnefs in the Courts of Law, to fupport the Honour and Cre- dit 6t). OFBILLSOFEXCHANGE, y^ 463 dit of mercantile Tranfaaions within the Realm, and the Dignity of the Lc- rillature, whofe Statutes were thus openly violated with Impunity. From the Rule in Law therefore, that in an Aftion againft a Drawer or ^y. p. 137. Acceptor of a Bill, payable to Order, there muft be Proof of the Signature of the tirft Indorfer, and of all thofc to whom an Indorfement has been fpecially nude: has arifen the Queftion which has fo long agitated the commercial World on the Subjedl of Indorfemefits, in the Name ofjiilitious Payees. A Bill payable to the Order of a fiftitious Perfon, and indorfed in the 5/»m-v^fr«. fidtitious Name, is not a Novelty among Merchants and Traders. A Cafe of j,!^;,;;,^,;^ ' thnt Kind appears to have been brought to Trial upwards of twenty Years ago, Guildhall It was an Adion by the Indorfee againft the Acceptor of a Bill of Exchange, "r^'^nf-f^gj. payable to Butkr and Co. and their Order, and indorfed in that Name. The Plaintiff was fo far from proving it to have been indorfed by any Pcrfons ufmg that Firm, that his own Witnefles faid, they believed it was indorfed by Cox, the Drawer. It alfo appeared, that there was a Houfe of Butler and Co. with whom Cox had Dealings ; but it was proved that the Bill in Queftion, had never been in their Hands ; it was admitted that the Bill was a true one, and the Defendant had regularly accepted it ; it appeared further, that the Acceptor had cxprcfsly promifcd to pay, at the Time the Holder had difcounted tlie Bill ; but it was iniifted, that the Indorfement being fidtitious, the Plaintiff had failed in making out an effential Part of hia Title. Lord Man sjield obferved, that the intent of the Bill was only to enable Cox to raifc Money, and the reafon why it was not made payable to his Order, was, that there were other Bills payable at that Time to his Order, and if this had been fo too, there would have been too many in the iame Name in Circulation at the fame time, which would have had the Appearance oi JiMitious Credit ; that Names were often ufed of Perfons who never exifted : the Defendant, by his Acceptance, and promifihg exprcfsly to pay the Bill, had enabled Cox to put it in Circulation, and having fo done, he ftiould not avail himfelf of an Objedion that the Plaintiff had not completely made out his Title. But in the Years 1786, 1787,- and 1788, two of three Houfes, conneded together in Trade, entering into Agreements far beyond their Capitals, and apprehending that the Credit of their own Names would not be fufficient to procure Currency to their Bills, adopted, in a very extenlive degree, a PradUce, which before had been found convenient on a fmaller Scale. So long as the Acceptors or Drawers could either f-ocure Money to anfwcr their Bills, or had Credit enough with the Holder to have them renewed, the Subjeds of tliefe fiditious Indorfements never tame in Queftion. But when the Parties could no longer fupport their Credit, and a Commiffion of Bankruptcy became neceffary, the other Creditors felt it their Inteicft to rcfift the Claims of the Holders of thefe Bills, and infifted that they Ihould not be admitted to prove their Debts ; becaufe they could not comply with the general Rule of Law, which requires Proof of the Hand-writing of the jirjl Indorler. The Queftion came before the Lord Chancellor by Petition : He direded Trials at Law, and feveral have been had : Three againft the Acceptors in the King's Bench, and one againft the Drawer in the Common-Pleas ; though not all exprcfsly by that Diredion. In the firft Cafe againft the Acceptor, befides the general Counts for Money paid 7'„tiui v. by the Plaintiff to the Dcfendant'sUfe, and Money had and received hy the Deten- i''"''''\i dants to the Plaintiff's Ufe, there were alfo two fpecial Counts laid on the Bill itself. "^'"^ '''' The firft was in the Terms of the Bill — " that the Defendant and others drew a Bill of Exchange on the Defendant, payable to Grigjhn and Co. or Order, three Months after Date, which the Defendant accepted j and that Grigfon and Co. indorfed it to Lexois and Potter, who indorfed it to the Plaintiff. "The fecond Count ftated it to be, " a Bill drawn as above in Favour of certain Perfons trading under the Firm of LfTivrand Potter, or Order, and indorfed by Lewis and Potter to the Plaintiffs." The Circumftances proved at the Trial were thefe— That there was a Hgufe of Trade at Nottingham under the Firm of Harris, Harries and Plant, of which the Defen- dant was one of the Partners j and that the Defendant a/one carried on Bufinefs in IVood-Strcct , and refidcd in London j that the Body of the Bill, as well as the Sig- natures of the Drau-ers and Acceptors, were in tlie Hand-writing of the Defendant i 2 that ! : :(i y m 464 OF BILLS OF EXCII ANGE, iJt. lliat no fuch Houfe of Trade as that of Griffon and Co. was concerned in tl^ Tranfacftion, but that the Defendant had drawn the Bill payable to Gri^bn and Cu. at the Rcqucft of Lt"7-.'/V and Po//<'r ; that the Indorlement in the Names of GV/V/;/; and Co. was fiftitious, and that before the Bill came due, the Defendant knew tliat to be the Cafe ; but it did not cxprefbly appear, whctJier he knew it, ut tlic Time the Bill was drawn : that the Indorfcnient of Lewis and Potter was in tlic Hand-writing of one of the Partners of that Iloufe, and that they received the Bill \ from the Defendant ;ind delivered it to the Plaintiffs : that the Value of the Bill was paid to the Houfe of Leivis and Potter in Draughts on Bankers, which were afterwards paid in CaHi ; and that the Defendant had Credit given him in Ac- count with LcTO/rand Potter for the Value of the Bill. To this Evidence, the Defendant's Counfel demurred, as not fupporting any Count in the Declaration. Lord Kenyon, in giving the Opinion of the Court, faid, that in deciding this particular Cafe, they did not wifli to have it underftood that they meant to in- fringe on the Rule as applicable to Cafes in general ; for that generally fpeaking, there Was no Doubt but the Indorfee of a Bill of Exchange, payable to Order, mull in deriving his Title, prove the Hand-writing of the firft Indorfer. But that this Decifion proceeded on the fpecial Circumftances of this particular Cafe ; that the Defendant, at the Time of entering into this Engagement, knew that there were no fuch Perfons as Grtgfon and Co. and, therefore, that in Point of formal Deriva- tion of Title, that which is ufu.iUy done, could not be done in this Cafe. Thjt on the firft Count of this Declaration, the Opinion of the Court did not piocetd, neither was it necellary to fay any Thing on the fecond ; though if it had been iiecef- firy to refort to that, he himfelf hadan Opinion on it. But the Counts on wii;ch tlic Judgement of the Court was given, were thofe for Money paid and Money li,i.l and received. In Lord Chief Juftice Raymond' sT'm\' Hands of another I'lrlon, under Circuinilances which w(>\dd m t anioiiiit f > i Change of I'ropcrty, the original Owner might recover him from tliat I'cwo' though, therefore, the I'tlony might he an Anl'wcr to an Adion againll fith r li • Drawer or Acceptor, where it appeared the Defendant was guilty of the Filon , yet that would not preclude the Plaintilf from recovering aguinll the other, it i; did apjiear to be guilty. The Advocates on the other Side of the Queftion in the Houil" of Lord , p-,. fefllng not to inuicach the Judgement of the Common- Fleas, in the Cafe of .' . /ins and limutt, in which the Defendant was perfcdiy innocent of the fiiji:;:)i,| Felony, were fatisfied Xo ni.i'ntain, that where the Fad of the Felony touki bj fixed on the Defendant, that was a liar to a civil Adion. In a Tranfadion of this Kind, it is apprehended, that, whoever in Fad in;i'(;s the fiditious Indorlement, b(jth the Drawer anil Acceptor mult in general bc^^uilty of publilhing the Bill with that Indorfcinent on it, knowing it to befiditioc'. In fuch a Cafe, whether tliis amounts to a Fel(jny, is certainly a preiiniin.;,-/ Qucilion ; for, tliough independently of that Quellion, the Plaintiff" mi , 'lit he in- titled to recover, yet if in Fad, itfljall be decided to be FVlony, he nuiil ncccii'j. rily be precluded from his Adion, bccaufe if he were to recover at all, ht null recover againll the Felon himfelf. But it may happen that the Acceptor may not know that the Bill he ncccpt?, is attended by any Circumdance different from thofc attending Bills in tiie ulul Courfe of Butinefs; as where the Bill is brought him for Acceptance by a thrJ Perfon, either before the Indorfement is made or afterwards, without Intiinjti i of the Payee's being fictitious: The Drawer too, even in common C.uls, niirh: {o far unafteded with the Felony, that lie may not be guilty of publilliiiy the Bill with a lalfe Indorfement on it, knowing it to be falfe, for it may be carried o;t of his Hands before the Indorfement is made: and in fome Cafes, as in that ct' Collins and Emctt, the Perfon appearing as the Drawer may be perfcdiy igaomt of the Tranfadion. In any of thefeCafc; therefore, in which the Defendant may appear tohivj aded without Knowledge of the Circumffances, the QMeffion of Felony cmnot be confidered as preliminary to the Decilion on the Plaintiff's Right of Action; If the Adherence to the Rurle which requires Proof of the Haiid-writiii;j of tlu firft Indorfer, be fo rigid, that the Plaintiff" can in no Form of Adion recover without it, that is, of itfelf fufUcicnt without the Intervention of the Fclo.iy: If an Adion in any Form can be fuftaincd, r i which that Rule may be dil'pcn.'lJ with, then it is not through the I-'elony that the Plaintiff" derives \\u Title, ;inJ confequently he cannot beafil-ded by the Decifion of that Queftion. If this rcafoning be well founded, it follows that whatever that Decifion m.'.y be, the genera' C^eftion is ftill open to Difcuffion ; if in the Affirm itive, th;ni;i thofe Cafcj only where the Defendant is innocent j if in t!ie Negative, thc.i iiall Cafes. In Support of the Judgement on the fifth Count, which flues the Bill as h.'inj drawn payable to Bearer, it has been urged that in fiaiing an Agreement or a UetJ in pleading, it is fufficient to llatc the legal Operation of it, though there miT;htb>; a verbal Variance between that and the Inftrument itfelf: as where a Leafe is made jointly by B. Tenant for Life of C. and him in Remainder or Reverfion, in Fee; during the Life of C. this may be ftated as the Leafe of Tenant for Life, and the Confirmation of him in Remainder or Reverfion j that being then the legal Ope- ration of the Deed : and, for the fame Rcafon, after the Death of C. it may he ftatsJ ^s the Leafe of the. Perfon in Remainder or Reverfion, and the Confirmation oiB. So bflnvi' Ml ■<:([■<•■'.' t u tt'llil W:, lori'.-y, t'l; , \\\r.\, Iv. £ iiitii t' . luinit f'> 1 \-,it I'cJlo- , I '-•itlv.r i:,- )thc:-, il :. [,onl, p-.. Cilcof .•■• ;hc Uippulc! ly Lould be 1 F.v't ma'v.'s fidlitioi!-:. I jirciimiM.ir'/ mi'^lit be ill- mull nccciia. all. ht nviil ill he accept?, Is in the iiki>l ncc hy .i th.ri lut Intiiiuti'i C.ul's, niayb: Ihin^ thc'i3i!l c carried o.;t_ as ill th,it of cdly i^:wri''t ippcar toh.ive F.jloiiy c:nnot It ot" 'Actio;i ; writing of tlw Action rccovvr the Fc;lo,iy: liy be difiKnlt''! Ihis Titk, and [Djcilion m.7 iitive, theniii thci i:wll . „111 .IS b:in; Bient or a U--1 Ithcrc migbtbe T Leifc is ""'1' Irlion, in Feci iLife, and the ■the legal Ope- I may be ft^'^'' Irmatioa of ^; OF BILLS OF E X C H AN G F, Lfe. So here, it was faid, though the Bill appcarai on tlic Face of it, to he payable tO Order, yet as no Body exificd who could give fuch Onkr, the Kngagtir.ent iiuirt be fc pay the Bill, which was, in F.ffed, to render it payable to the Bearer. If, however, Kccourfe muft be had to the Intention of the Parties, it would feeni that it is only in tlie Cafe of a blank Indorfeinent in tlie Name of the fiditious Payee, that the Bill muft be confidcrcd as in Effedt payable to Bearer ; wliere the Indorlement is fpecial, as it was in the prefent Cafe, the Intention to be attributed to the Partie,'- is, thit it rtiould be payable to t'lc Order of him to whofe Order it is made payable by the fiditious Indorfemcnt, and then the third Count would have been better adapted to I'upport the Judgment than the fifth. But it was objeded that this Argument was not applicable to the prefent Cafe ; for though it muft be admitted that a Deed nuft be llated according to it's Icgil Operation j yet that Operation muft appear on tiic Face of the Deed itfelf, with- out any collateral Circumftances to explain it, contrary to tlie evident meaning of the Words. With refped to the joint Lcafc of Tenant for Life, and him in Remainder or Reverlion, if the feveral Intcrcfts which they had in the Land did not appear in the Deed, yet the operative Words of tlie Lealc were not of that fixed and deter- minate meaning that they could not admit of a different Conftrudion, if collateral Circumftances require it, in Order to give them Effed : But the Words "payable to Order" and "payable to Bearer" were fo peculiarly appropriated to the diftind Species of Bills in which they were refpcdivcly ufed, that the one could by no PolTi- bility be conftrucd to mean the other. A ftill ftronger Objcdion to the Judgment's Lcing fupported on this Count, arifes from a Queflaon put to the Counfel by the Lord Chancellor, whether an Adion could be maintained on this Bill againft an Indorfer. That an Adion may be maintained againft an Indorfer of fuch a Bill can admit of no Doubt : It is from the Frame of it payable to Order, and transferable by Indorfemcnt .• and in a. Adion againft an Indorfer, no Qucftion could arife about the fic- titious Payee, hccaufc, as will be feen hereafter, in that Adion the Plaintiff derives no Part of his Title, through any of the Parties to the Bill who proceeds the Defendant ; But a Bill payable to Bearer, being transferable by Delivery, can- not regularly be indorfed ; and it feems, from the Qucftion, to have been llippofed that no Adion could be maintained againft the Indorfer ; though no Doubt was entertained but that it might, even when it was held that a Bill payable to Bearer could not be the Subjed of an Adion by the Indorfee, againft the Acceptor or Drawer. If therefore, the Judgment were affirmed on this Count, it would fol- low that the fame Inftrument muft, in one Cafe, be confidered as a Bill payable to Bearer, and in another, as a Bill payable to Order, both of which it cannot be: But the Difficulty fuggefled with Refped to the Period when the Bill ftiall be Iviid to ceafe to operate as payable to Bearer, and afTume the Charader of a Bill to Order, admits of an eafy Solution : As againft the Drawer and Acceptor it operates as the one; as againft the Indorfer, it operates as the other. So general feems to be the Opinion that there ouglit to be a ftrid Adherence to the Rule which has given rife to this Queftion, that the Count which ftates the Bill in it's own Terms, appears to have been abandoned on all Sides : The Plain- tiff's Counfel in the Cafe of Tatlack and Harris abandoned it ; the Advocates on the fame Side in tlic Houfe of Lords abandoned it : The Court of King's-Bench pro- felkd, that on it their Opinion did not proceed ; and the Lord Chancellor in his Addrefs to the Houfe on the Subjed of the Queftions to be referred for the Opinion of the Judges, feemed to think it could not be fupported by the fpecial Verdid. One general Objcdion was made to all tliofe Counts which were founded on the Bill itfelf: It is only in Favour of the Cuftom of Merchants that the Pradice is founded of declaring on thofc Inflruments as Specialties, and if fuch a Bill was not within the Cuftom of Merchants, then tlic Plaintiffs could not recover on thofe Counts : That fuch a Bill was not within the Cuftom of Merchants, it was argued, appeared from this $ that in no Book on the Subjed was there to be found any Allulion to a Bill of this Kind ; the Ufage had provided, and the Law had acknowledged two Sorts of Bills, which were fufficient to anfwer every Purpofe of Trade, where the Parties had no finifter View ; if it was wifhed to facilitate the 6 D Circulation 4<5? !♦«! t 1 ' * n lii:! •I ' if 470 O F B 1 1, L S O F E X C II A N G E, {s*^. CircuUtion of the Hill, it might be made payable to Bearer 1 if to confine it with- in ccrtainLimits, it iiiurt be made payable to Order j but this w.is a new Inven- tion to enable Men to raife Money by a Fraud, and it could not be prctcndcj, that this w;\s within the Curtom of Merchants. To this it was anfwered, that the CuAom of Merchants Is not to be confincii to thole Particulars which arc to be found in any mercantile Book ; nor is the Novdiy of the Thing a futhcient Kcafun to rcjcdt it j it had not been done all at once j tli.it , every Thing which makes a Part of the Law and Cuftom of Merchants at this Day, was cft.ibli/hcd : it was not without con fiderable Struggles that Bills, p;iyable to Bcarcrj obtaineii thi- fame Privileges an thofe payable to Order : new Fads Lid the F<)und.ition of new Rules ; and unlcfs the Dccifion on the Queftion of Fclonv could preclude all further Difcutlion, there could be to Inconvciiencc in its bii;)^' determined now for the firll Time, that where a Bill was drawn in the Name of a fictitious Payee, and accepted, the Drawer and Acceptor ihould by the Cuftoin of Merchants, be a.ifwerabie for the Money to a Holder by a fair Confideration. That fuch a Holder, in fublbntial JulUce, ought to recover againft either tin Drawer or the Acceptor, there cau be no Doubt : He has parted with his Proper- ty, on the Faith of their Security ; and it is not very gracious in them to tell him, that becaufe, by their ContWvancc perhaps, he has one Security Icfs than he fup- pofed, be Ihall not have the Advantage of thofe which really exill. Sucii is the Subllance of the Arguments on both Sides of this import, it Caiife, and as far as I can recolledl, the Points propofed for the (Opinion of thj Juilges arc thcfe *. I'irft, Whether the Publication of the Bill by the Defendant with the fnflitious Indorfcment on it, .le knowing at the Tiine that it was fidlitious, amounts to a Felony ? Secondly, if that be not Felony, whether the Faifts found by the fpccial Vcrdii't fupport the Judgment on the Count, which ftates the Bill as payable to Bcnrcr.' Thirdly, if Judgment on that Count cannot be fupported, whether it can k fupported by any other Count founded on the Bill as a Specialty ? I'ourthly, Whether on any of the other Counts wh'ch ftate all the partit;ular Cirtumf>ance.s of the Cafe, the Plaintiffbe entitled to recover? It was alii) lu^rgclted by the Lord Chancellor, that if on the firft Point, the Opi- nion of the Judges lliould be in Favour of the Defendant in Error, and on the others againft hiin, another Queftion might not ftill be confidered, whether, ivhcn the Defendant to the Adion was privy to the Fratid, the Plaintiff might not mcn- ver in an Aclion of Deceit ? 245. LrrTF.Rs OF Credit being a Species of Bills of Exchange, and cqii.ill/ binding witli tliein, I (hall fpeak of them under this Head, as the proper Place for it, and prd'ume it will Ik needlefs to counfel my Readers to be very circumfped in giv- ing them, as tlieir Honour and Credit is as much concerned for the pundtual Re-payment of wliatevcr Sums are advanced in Confequcncc thereof, as they would be for the Difcliarge of a Bill of Exchange! 246. Thefe Letters are of two Sorts, vfz. General unA Special, and both given to furnilh travelling Pcrfons with Caflias their Occafions may require; they arc coinmonly open or unfealed, and contain an Order from the Writer to his Cor- refpondent or Correfpondents, to furnilh the Bearer with a certain Sum, oran un- limited one J and the Difference between them is, that the former is direded to the Writer's Friends at all the Places where the Traveller may come (though it is notcuftomary to give feparatc Letters to each Place) and the other diredlcd to fonie particular one j obliging himfelf for the Re-payment of whatever Monies fliail be advanced in Compliance with the Credit given, on producing a Receipt or a Bill of Exchange, which he thinks proper to nave, from the Perfon credited. 247. If any Money is advanced on either Species of thcfe Letters and Bill? of Flxchangc given for the Sum on the Perfon who wrote them, he is ohliged to accept and pay the fame -, and in Cafe of Rcfufal he may be compelled thereto, rather • A,, on the Law of Bills of Exchange, 8vo. Lon Fenicc, Rome — And from thefc Places to London, is three Months. The Ufance of Amjhrdam, Upon Italy, Spain, and Portugal, two Months. Upon France, Flanders, Brabant, Geneva, and upon any Place in the Seven Ihiited Provinces, is one Month. Upon Frankfort, Nuremberg, Vienna, Augjhurgh, Cologn, Leipzick, pnd othi.T Places in Germany ; upon Hamburgh and Brcjlau, is fourteen Days after Sight, two Ufances twenty-eight, and half Ufance fcven. Ulance from Dantzick, honing/berg, and Riga, upon AmJIerdam, is at one Month's Sight, though it is common to draw from the firft at forty Days' Date, and from the others at forty-one. hut oftener at ten and eleven. And from Amjlerdam on the faid Place:, at a Month's Date, without mention- ing Ufance ; though fometimes at forty ar.d forty-one Days j and fometimes on Brejlau at fix Weeks Date. 260. Moft Nations have generally agreed to allow the Acceptor of a Bill fome fniall Time for Payment, beyond that mentioned in the Bill, termed Days of (irace, or Refpite : but they as generally difagree in the Number, and Com- mencement of them. At London, Bergamo, Vienna, three Days are allowed; at Francfort, out of the Fair Time, four j at Leipzick, Naumbourgb, and Augjburgb, five ; at Venice, Amjlerdam, Rotterdam, Middleburgh, Antwerp, Cologn, Brejlau, and Nu- remberg, lix ; at Naples, Denmark, and Norway, eight ; at Dantzick, KoningJ- berg, 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 other Fellivals are included in thcfe Days at Loudon, Naples, Amjlerdam, Rotterdam, Antwerp, Middleburgh, Dantzick, Koningjberg, and in France -, but not at Venice, Cclogn, Bnjlau and Ntircmberg : At Hamburgh and in France, the Day on which the Bill falls due makes one of the Days of Grace, but no where clfc. 261. At Venice no Bills are permitted to be paid by Indorfement, fo that they muft be payable to a certain Perlon, and not to Order, or to the Procuration of him intended to receive them , and in Places where there are Banks, if Bills fall due when thefe are ihut, there are always fome Days of Grace allowed the Acceptor alter their Opening. 262. It was formerly agreeable to the Laws of Portugal, and I believe is flill fo tc ihofe o( Italy, thougli tertainly quite contrary to Jullice and Honefty, for an Acceptor to be freed from this Obligation in Cafe of a Drawer's Infolvency before Payment; but as fome remarkable Trials on this Subjedt in the firft-mentioned Kingdom fcem to have altered the Laws for the better, I ihall acquaint my Rw.der both with the Occalion and Succcfs of them. 263. Some few Years ago, a Gentleman from the City of London, drew fome Bills on his Correfpondcnt At Lijbon, and died two or thn- Days after iiifolvent; the Hills were accepted, but on Advice of the Drawer's L't../ n-i Infolvency, Payment was refufed ; and the Acceptor, flieltering himfelf under the tli;;.-. fubfifl- ing Law, Aood a Trial on being fued ; but the Judge, having a Regard to the Culloni of Merchants, gave a Sentence againlt him, and he paid accordingly. However, fome Time after a Merchant at Amjlerdam drew two Bills on another at Lifion, which were indorfed by one here, to two feveral ones there, and were both pundfually accepted ; but the Drawer failing, and the Indorfer hkewife, the Acceptor refuled Payment, which obliged the Pollcflbrs to fue him for the Value, 6 E and 473 m ■1; 'ifi 47+ or B I L . S OF EXCHANGE, L^t. tmd this they did in fcparate Suits, carried on before different Judges, whof^ Opinions were fo oppofitc, that one of the Holders had a Sentence in his Favour, and the other againft him ; upon which new Suits were commenced, and finally determined for them, who accordingly recovered not only the Principal aiij Charges of the Bills, but thofe of the Law-Suits alfo ; which feems to liave fixed the Point before conteftable, and now placed -t on a Par with what is obferved In the other Parts of Europe. And though there are fome few in Italy who value themfelves on the Proteftion of the Laws to fcreen them from a Payment under the afore-mentioned Circumftances, yet they thereby irreparably prejudice their Charafter, and muft not oxpeft any future Credit j fo that thofe who have any Regard for either, aft more like Merchants and honefl Men, and discharge their Acceptances whilft they .ire able. 264. In the Territories of the King of Denmark, no Bills muft be made payable after Sight for a longer Term than two Months ; and whatever protefted Bills are not fued for in fix Months from the Proteft's Date, (hall lofe thdr Right as Bills of Exchange, and thenceforward be only regarded as a Book Debtj and all Law-Suits concerning them muft be concluded within a Year. It hath long lince been determined by a fettled Rule among the Merchants at Copenhagen, and confirmed by a Judgment in the highcft Court, that the Charges on all pro- tefted Bills ftiall be ilxpcr Cent, for Exchange and Rc-exchnnge, with ^ per Cent, forProvifion; and by a Placard df the 26th of A's'j. 1731, Bill-Bonds, which are a Sort of Inland Bills, and oi-dered in Lieu of Notes of llaiid, were introduced; they muft be on ftamped Paper, and drawn at three Months, but not to con- tinue longer than four ; they have a Right when protefted like Foreign Bills oi' Exchange, to bear an Intercft of l- per Cent. Monthly, and muft be fucd ibr within a Month after due. 265. Since I began on this Subjeft of Bills, afmall Difpute has happened at Leghorn about their Payment, which I ftiall juft mer tion for my Reader's Infor- mation. It has always been cuftomary at that Plaf : to pay them in Gold ; but Zechins have lately been fo fcarce there, as to bear a Premium of two or three per Cent, above Silver j 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 j 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 Crufe that occafioned it ceafes. And having treated of every Particular r ative to Bills, but their Form, that now naturally challenges a Remark. 266. Bills of Exchange ftiould be written in a fair Hand, cleanly, and without Miftakes : their Stile admits of feveral Variations ; as one or more Bills are granted of the fame Tenourj Difference in the Time and Place of Payment; or according to the Species it is to be made in ; which the following Fcrms mav ferve to illuftrate. London, the 1 8th of 'January, 1 79 1 . Exchange for 50/. Str. AT Sight of this my only Bill of Exchange, pa y to Mr. "John Ri^in, or Order, fifty Pounds Sterling, Value received of him, and place the lame lu Account, as per Advice (or ivtthout further Advice) from To Mr. James Jenkins, Merchant at Brijlol. Samuel Skinner. London, the i%xh o( January, 1791. Exchange for 1 0,000 Liv. fs. AT fifi'.en Days after Date (or at one, two, &c. Ujbs) pay this my firrt per Exchange, to Mcff. John Rogers and Comp. or Order, ten thoufand Livrcs 2 'Touniiii, OF BILLS OF EXCHANGE, Uc, Tournois, in Specie known to as this Day, Value of Dittos, and place the fame Gliomas Bancroft. 475 to Account, isper Advice from To Mr. Henry Ktndrick, fianquier, in Paris. ■•^■^ 'I ICI The fecond London, the i8th of January, 179 1, Exchange for lo.ood Liv. To. AT fifteen Days after Date (or at one, two, &c. Ufos) pay this my fecond per Exchange (firft or third not paid) to Meff. John Rogers and Comp. or Order, ten thoufand Livres Tournois, in Specie known to us tliis Day, Value of Dittos and place the fame to Account, as per Advice from Thomas Bancroft . To Mr. Henry Kendrick, Banquier, in Parisi 2) ' ' ■ ■' ,:'■...:■ • and in the third write {firjl or fecond not paid ) which Example may ferve for all Bills. London, the i8th of j^tf«aary, 1791* Exchange for D. 1 000. AT Ufance pay this my firft per Exchange to Mr; Ignatio Tejlori (or to the Procuration of Mr. Ignatio Teftori) one thoufand Ducats Banco, Value of Mr. Gregory Laman, and place it to Account, isper Advice from Nicholas Reuhens. To Mr. James Robot torn, ■ - -i,.,. Merchant in Venice, London, the i8th of January J 791. Exchange for 1600 per ooo Rs AT thirty Days Sight (or Ufance, Sec.) pay this my firft /fr Exchange to Samuel Fairfax, Efq. or Order, one thoufand fix hundred Mil Reis, Value of Ditto, and place it to Account, as per Advice from Jeremiah Tomlinfon. To Meff, Brown and Black, . . Merchants, in Lifbon. ,,.• » y, -■ - - '; London, the 18th of January, 1791. Exchange for 273/. its. St. at 35 Sc. 7 G. per £. St. AT two Ufos and a half, pay this my firft per Exchai ge, to Mr. Jo- f(ph Jacobs, or Order, two hnndred and feventy-three Pounds fifteen Shillings St. at thirty-five Sliillings and feven Groots per Pound Sterling, Value of Mr. "James Merryman, and place it to Account, as per Advice from John John/on. ToMr. David Hill, J J J Merchant, in Amflerdam. London, the i8th of January, 1791. Exchange for 2000 Dollars. AT Ufance pay this my firft /tr Exchange, to Mr. Rl.hard Redman, or Order, two thoufand Dollars, Value of hiin, and place them to Account of W. M. Efq. and Co. as per Advice from _-,_,, _ Abraham Moretoni 1 Mr. Bartholomew Jermamt Merchant in Z,fg-/6er«. , , N, B. Bil^ are drawn in the fame Manner on Canoii jp i London^ 476 OF BILLS OF EXCHANGE, ^r. w London, the iSth of Jiinmiry, 1791. l-'.\ch;uu";e for \s 2000. at 400 Rci,/itr Crunido, AT Ulance pay .this my tirll/'tr Exchange, to Mr. Samuel Levi, [un, or Order, two thoulaiul Crui'adocs, at lour hundred lleis/nr Crul'ado, V'aluc of Ditto, and place tlium to Account, as per Advice from Jobn Tlomai, To Mr. Richanl James, iVierchant in Oporto. London, the 18th of Jiinttary, 1791. Exchange for f^. loS : 10 Irljh Str. AT tliirty-onc Days after Date; pay, in Dublin, this my firll per E.i:- cliange, to iMcfl". RicbarJ \\\\k\ Thomas Moore, or Order, one hundred and eight Pounds ten Shillinj^s, Sterling Money of Ireland, Value of Mr. Ezekiel Sampfin, and place it to Account, as per Advice from Nicholas Fainnan. To Mr. Chrijlcpber Reynolds, Merchant in IFaterJ'ord. A Bill drawn in French. Marfeille, 31 OBobrc, 1790. E. M. -jo. A Nonante Jours de Datte, payez par cettc premiere de Change, a I'Or- drede Mefl". Jean Jacol>Jin 6c Fils, trois Mil. trois Cent cinquante Marcs Banco, Valeur en Compte. Ji'an Martd. A Monfieur Monf. Jacob Gcraers, A Hamburgh. The Indorfemcnts arc as follow : Pay to Mr. James Trotter, or Order, Value in Account. Stockholm, the ;ii of Aoi'ember, 1790. John Jacob/on and So:;;. Pay to Mr. Levi Solomon, or Order, Value received. December, 1790. London, the 2d ef James Trotkr. The following is a ferand Bill, in Italian. Londra, 2^ Feb. 1791. ^tr6ood'S''. AD Ufo pagate/itT quefta feconda di Cambio, una fol Volta, al mio Ordine, pezze fei Cento di otto Reale, Valuta Contoci, or ylvuta del Meipm, ponendolc come per la d'Avifo addio Thomas Ddim. Al Sar. Pictro CambanelU, a Livorna. La prima /icr accettaz. in Mano di iSr. F'-illi, ©"c. London, the 18 th of Afc;-, 1791. Exchange for 3000 D. AT Ufance pay this my firfl per Exchange toyourfelves, or toyouron'n Order, three thoufand Dollars of eight Rials each. Gold or Silver, of the Cur- rency known to us this Day, Value of Mr. John Crew, which place to Account, as per Advice from Richard Bingkm. To MefT. Patrick Janfen and Co. in Madrid. Patrick "janfen and Co. 6 When OF BILLS OF EXCHANGE, £i?.. When Bills are drawn at Ufance, or fo many Days Date, the Acceptance muft be at the Bottom of the Bill, as in that immediately preceding ; but when they are drawn payable at fo many Days fight, tlie Acceptance muft exprefs the Day it is made ; and an Indorfer may divide a Bill, and make Part of it payable to one, and Part to another, which is done in the following Manner: A. pofleff- ing a Bill for 200/. Sterling, indorfes on the firft 122/. payable to B. and on the fecond 78/. payable to C. and fends the firft to B. and the fecond to C. fo indorfed, and on their prefenting them to the Party the Bill is drawn on, he accepts the firft for the 122/. and the fecond for the 78 /. in Conformity to their In- dorfements. In France, by an Ordinance of the King, \n March, 1673, it is dircfted, that the Nature of the Value received for Bills of Exchange fhall be inferted in them, and exprefsly mentioned, whether it was in Money, Merchandize, or other EfFedts, to prevent leveral Abufes that had crept into this Branch of Commerce, by the bare Infertion only of Value received ; for it was common to give a Note, in Payment of a Bill of Exchange, both exprefling Value received . And this Method was found to be of great Prejudice to Trade, by occafioniiig many Fai- lures, which the afore-mentioned Arret was intended to prevent. And in Con- fequcnce thereof, there are four Sorts of Bills of Exchange in that Country, viz. the firft exprefling fimply, Valtw received i the fecond, Falue received in Merchandize ; the third, Value in him/elf % and the fourth. Value underjiood. The firft and fecond need no Paraphrafe, being both alike in their Negociation, and their Diftindtion only anfwering fome Ends that may occur betwetn 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 him Money, which he fends to his Friend or Fador, to procure Acceptance and Payment j and as the Acceptor is a Creditor of his, an Inconvenience might accrue to him, ftiould hd jnfert Value received, as his Friend or Fadtor might pretend that it belonged to him, appearing by the Bill that 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 Acknowledgement of receiving the Bill, whofe Value he obliges himfelf to fatisfy, on having Advice that the Bill is paid ; but if the Bill retjrns protefted, it is again exchanged for the Note, the Drawer defraying the Charges. The Times for which Bills are made payable are alfo four, viz. At fo many Days Sight, eight, ten, fifteen, &c, and the Time d jes not com- mence running till the Day after it is prcfentcd and accepted ; fo that a Bill drawn payable at ten Days Sight, and accepted the laft Day of April, is not demandable till the nth oi May, and the Reafon is, that the Day of Acceptance which is the 30th of April, is not counted, but the Reckoning begins only on the i ft of May } the i oth of May, on which the Bill expires, is not counted neither, be- caufe that the loth does not finifli till Midnight, and confequently an Adlioh cannot be brought againft the Acceptor till the 1 1 th of May, which begins the Moment fucceeding that on which the i oth finishes ; and in Effefl:, if one begins to count from the 1 ft of May, and continues to the i oth at Midnight inclufive, there will be found no more than ten whole Days, which is the Time the Ac- ceptor 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, &t the Time go^s on whether accepted or not ; but it is othcrwife witli the foregoing^ pyable at fo 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 '^laces drawn on, double Ufance, or two Ufances, &c. 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 iamc Reafons (ubfiA fci foUiciting its Ac ceptance a^ occurred th«n. 6 F* ' And 47^ 1 3 .1 i II ;f(!l '1" k i' 'I ,)'K \M if 141 ijit fit 478 O F C I L L S O F E X C H A N G E, Wf. And there having been formerly many Difputcs about the Time of Bilii fallinj. due that were drawn payable at Ufancc, double Ufance, Gff. the King liy tlij^ 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 fuccccdiiig the • Expiration of the thirtieth, as has been obferved in thofe Bills p:iy.ible at (o many Days Sight, and at a Day certain j but thcfe Laws arc only binding in France, on fuch Bills as arc payable there, but not on thofe drawn from thence on other Countries, where different Ufiges and Cuftoms are pradlifed. 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 have four Times a Year, as has been before mentioned. V/hen Honefty reigned among the Merchants, thefe Bills payable in Payment 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 pradifed this for a long Time without any Accident j but Integrity became flack by the Corruption of the Times, and fome Bankers having denied that Bills had been prefcnted them, the Merchants for a greater Security now have them accepted in Writing. It was neceliary that the Bankers and Merchants of Lyons, to eftabli(h this Difpofition in the Acceptations, and to rcftrain many other Abufes coinini'icd in their City, (hould feek a Remedy, and therefore they propofed a Regulation ,1 the Governor^ (Sc. thereof, the which was approved of, and allowed by an Arret of Council, and regiftered in the Parliament of Paris in the following Words, viz. " That the Acceptations of the faid Bills of Exchange fhall be mude by " Writing, dated and figned by thofe on whom they are drawn, or by Pcrlons " duly empowered by a Procuration, of which the Minutes Ihall remain with " the Notary j and all thofe which ihall be made by Fadtors, Deputies, and others, " not furniihed with Procurations, fliall be null and of no Effedt againft him on " whom they are drawn, fave the Rccourfe againft the Acceptor." This Regulation, which was only for the City of Lyons, proved a fufficient Remedy for the Abufe that was committed by the Want of Acceptance to Bills j but this did not in any Shape remedy thofe arifing from a conditional Acceptance in thele Words, Accept e pour repondre au Temps, accepted to anfwer in Time, for this is the fame as faying nothing, and is contrary to the publick Surety; bccaufe a Merchant of Paris or other Places, drawing a Bill of Excha -.^e on his Correfpondent at Lyons, who fliall have no Effcdls of his in Hand, ..nt; vho only accepting it with the Circumftance, To anfwer in Time, not being willinj to advance for his Friend, when the Seafon of the Fair, or Payment is come, if Remifles are made to him, he pays a Creditor with a Debt, if he has the Op- portunity, or elfe the Contents of the Bill are difchargcd at the ISnd of the Pay- ment J but, if he has no Provifion made him, he lets the Bill be protelled ; lb that a Merchant who does not underftand this Cuftom, and who has paid his Money three Months before, comes upon the Drawers or Bearers of Orders, who very often have failed in the mean lime ; whereas if he on whom the Bill is drawn, accepts purely and fimply when it is prefented him, he in whofe FsTOur it was, would have had immediate Securitj', and its Payment when fallen due. And however fuitable to the Intereft of the Lyonnois this Pradtice might be, as they generally accepted without Effcds in Hand, yet as it placed them on a different Footing from every other Trader in the Kingdom, it was judged but rafonable by other Merchants to find out a Method that fliould put tliem all on a Level, and oblige thofe of Lyons to a pure and (imple Acceptation ; but though this was obfervedby fome conlideraWe Bankers, who drew their Bills, or took them with the Infertion 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 ; there- fore to remedy the Inconvenience and Diforders which this occafioned in Trade, and to place all his Majefty's Subjcfts on a Level, he directed by his Ordinance, " That all Bills of Exchange fliall be accepted by Writing purely and fimplyj " abrogating the Cuftom of a verbal Acceptance, orby thefe Words, Veu jm «' acce^Ur, OF B R O K E R 1 " accepter, fcen without accepting, or accepted to anfwer in Time, and all other '• conditional Acceptations, which fliall be deemed a Refufal, and the Bills may •' be protcfted." I mention thofc Circiimftances, in which I think moft European Nations artf intercfted, 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 Manufadures has very confiderably leffened for fome Years pad, our trading Engagements with that powerful City, yet there ftill remains iiich an Intercourfe, that the Knowledge of tra'ifacting Bufmcfs there may occafionally concern many of my Readers. 1 have now done with Bills of Exchange, and exerted my Endeavours to reduce every neccflary Obfervation on them into as fmall a Compafs as the Nature of the Subjeft would permit, confiftent with rendering myfelf intelligible, and the Rules, I have laid down, clear and prafticable j and though I might, without incurring an Imputation of Prolixity, have fwelled a Difculfion of tliis important Article into a Volume inftead of a Chapter, I hope, I have left nothing unfaid that could contribute to my Purpofe of clearing up every Difficulty which might arife to my Readers in their Exchanging Budnefs ; having carefully collefted and communicated the Sentiments of thebeft Writers in all Languages on thisTopick, fo far as they were agreeable to that Experience which a long Pradtice in this Branch of Bufincfs has furnilhed me with 5 and I flatter myfelf that I fliall not be accufcd of Vanity if I affcrt, that my Labours herein, and Endeavours to have every Sedtion fuch as to ftand the ftridteft Scrutiny, have by far exceeded thofe of other Writers that have gone before me, who either have fuperficially run over the Matter, or blindly propagated the Errors of one another, through Ignorance or Sloth, which I have ftudied to redlify, and I flatter myfelf with Succefs. Before I treat of Arbitrations, I fliall fay fomcthing of Brokers, as a proper Appendage to the preceding Difcourfe, though they are not fo much concerned in the Exchanges of Money and Bills as they were formerly ; the Revolutions that happen in Commerce as well as Politicks, having thrown the greatefl: Part of that Bufinels into the Hands of the Bankers in London^ and in moft of the capital Cities of Europe. K1^ Of Brokers, BROKERS are Perfons fworn and authorifed by the Magiftracy of the Place where they adl, and fuch are always regarded in Preference to others, who interfere in thefc Negociations without being liccnfed j as Credit is given to the pcrfonal Evidence, and to the Books of fworn Brokers in all Courts of Juf- tice, and out of Court, in all Cafes of Arbitration or Compromife, though it is not admitted from the others \ and in mod Places, thofe who illegally excrcife the Funftion, are iined for adling without Permiflion. The Number of Sworn Brokers in London is unlimited j at Amjierdam there are three hundred and feventy-five Chrijiians, and twenty-two Jews, afting in Trade and Exchanges ; befides which, there are many who pradife, as they do here, unfworn and unlicenfed. The Number of thcfe at Amjierdam, is more than double that of the Sworn Brokers, and they go by the Name of Ambu- latory Brokers, and it is io be obferved, that a Merchant runs great Rifles in em- ploying them, for in Cafe of Ligitation, the Bargains and Contradls they have made are liable to be rendered null and void. It is the Duty of Brokers to be diligent, faithful, and fecret, whether their Dealings be in Exchange, 01 Purchafes and Sales, as they are Mediators in all Negociations -, and thofe licenced may properly be called Publick ones, from the Nature of their Buiinefs, which leads them to a general Employ between Merchants, Traders, and Remitters. They are called at Amjierdam, as well as here, Brokers, Courtiers or Mackclacrs, though on the Coafts of Provence, and 3 "P LfWi 480 O F D U O K E R S, (s?c. Up the Levant, they are termed Ccnfii.'f : and at Paris, the Exch;»nc;e Brokers have, for about a Century part, bartereo this Appellation for that cf Agents ; nnd to render the Office yet more honourable, about fifty Years ago tiie (JKiilitr of King's CounfcUor was added to it, though the Bufinefs is the lame, however the Dei-omination may differ. Thofe who exercile the Fundlion of Brokers ought to be Men of Honour, and capable of their Bufinefs ; and the more fo, as '■'oth the Credit and Fortanc of thofe that employ them may in fomc Meafure be Ui& to be in their Hands, and therefore they fhould avoid Babbling, and be prudent in their OlHce ; 'vhicli confifts in one fole Point, that is, to hear all, and fay Nothing ; fo that they ought never to fpeak of the Negociations tranfadled by Means of their Invent on, or relate any ill Report, which they may have heard againft a Drawer, nor offer his Bill to thofe who have fpread it. Before offering any Bills of Exchange, which a Broker is commiffioned about, he ought to alk the Perfon he applies to, whether he wants Bills for fuch a Place, or hath Money to difpofe of? and if the Merchant queries whofe 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 his Bills to negociate, the Broker ihould offer them, purely and fimply, without any Exaggeration in their Favour or Disfavour; and if he to whom they are propofed refufes them, with faying thay do not fuit him, it would be not only improper, but impertinent in the Broker, to alk the Reafon of liich a Refufal, and the Heighth of Imprudence in him to amplify their Goodnefs, or the Solvency of their Owner, in Order to induce tlie Rcfufer to change his Intentions, and take them ; on the contraryy he ought *o take Care never tu deceive the contracting Parties, but to be fincere in all Ms Adions, without ufing any Artifice to attain his purpofed End in his Negociations j and above all, he fhould avoid offering Things for which he has no Authority, as he may be taken at his Word, and nave the Negociation remain for his own Ac- count, to his no fmall Difadvantage, if known, both of Purfe and Credit ; and the fame may happen in Purchafes and Sales, as in Exchanges. A Broker Hiould take Care in making an Agreement between two Perfons, to be well affured of the Place to be drawn on, and when it is ; where there is a fettled Ufance, he has Nothing to treat of but the Price ; though, in Cali the Parties agree on an Exchange for a Place where the Time of the Bill's Running is uncertain, that of Payment muft be fixed, with every other Requi- fite to conclude the Bargain. When a Broker has adjufted a Remittance, he muft enquire of the Remitter to whom he will have the Bills payable, and Hiould always carry fome Slips of Paper on a Poft-Day in his Pocket, on which to note it, as alio the Sum agreed for, the Time of Payment, to whom payable, from whom the Value is to be received, at what Price the Exchange was concluded, and the Day it was agreed on, which Memorandum he mull give the Drawer, and enter a Dupli- cate thereof in his Book, that may ferve as a Teftimonial, in Cafe of any Dilputt between the con trading Parties. It is the Broker's Obligation to Ci'-l for the Bills, and carry them in Time to the Remitter, though this is a good Deal out of \Jk in this great Metropolis, where the Merchant (:ommonly fends a Clerk with them, to leffen the Broker's Trouble. A prudent Merchant will never attach himfelf entirely to one Broker for fix- ing the Price of tlie Exchange, nor will prefer one to another in the Execu- tion of his Commiflion, either though Favour or Friendlhip, but he who offers the mod beneficial Terms Ihould be the Agent on that Occafion; atid by fuch Behaviour he difobliges 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 eftablilhed, when he has a Mind to draw, to make Ufe of a Broker who is but young in, or ignorant of his Bufinefs i and he who draws in Virtue of a Letter of Attorney a * for OF BROKERS, fcpf. 48) for another's Account is obliged to declare it to the Broker, who muft in Con- fequence contradt in the Name of the ConAituent, 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 cither the Drawer or Remitter to rctraft their Words given. And if a Broker concludes any Thing either without or exceeding Orders, more cfpecially at an inferior Price, the Merchant has juft Reafon to refent it, though the Broker offers Sa- tisfadlion, as his Credit is concerned, and may be hurt beyond a Pofllbility of Reparation. The Bills of young Beginners may be offered by a Broker, but if he fre- quently tenders fuch as are notorioufly in Difrepute, he muft greatly fuffer in his Reputation -, more cfpecially if he takes on him to recommend thcin ; and if he fubmits 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 anfwered, or he as a Remitter not comply with his Engagements, he ought to be fcverely punirtied for his Knavery j and his being deprived of any future Bufinefs is the leaft he can expedt, though the Punllhment is not adequate to his Deferts. A Broker Ihould never afk more, nor admit Icfs, than what the Law and Clom allows him j this for Exchanges i;i LoWow is always one per Mil. for each of the Parties concerned, though on Purchafes or Sales per Cent, and at Amjierdam the Tariff is fettled at three Stivers for a hundred Guilders, the Half payable by the Drawer, and the other Moiety by the Remitter, as follows, viz. A thou (and DucJats on Venice A thoufand Dollars on Genoa or Leghorn \ thoufand Ducats on Madrid, or any other Part of Spain A thoufand Crufados on Lijboti, or any other Part of Portugal A hundred Pounds Sterling on London, or any other Part of Eng- land, Scotland, or Ireland A thoufand Crowns on Paris, or any other Part of France Though when the Exchange u-as very high. Brokerage was in Pro- portion, and formerly Guild. 4. 10 St. were paidon negociating the thoufand Crowns. A thoufand Rixdales on Francfcrt, Leipzici, or Brejlaw A hundred Livres de Grofs, or iix hundred Guilders, on Dant- zick, Koninglberg, Anvers, Life, and all Flandkrs and Brabant A thoufand Daelderson Hamburgh, computed 1666 J. Guilders, A thoufand Guilders on Rotterdam, and other Parts of Holland A thoufaiid Guilders Bank Money changed into Current A thoufand Guilders of Gold changed into Silver, and per coutra Five hundred Livres de Gros for an Eaf -India Adion /. 4 4 4 4 I I o o o o 10 10 o o o o o o 3 10 18 10 10 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 fina ignorant of the above-mentioned Regulations and Coftoms, but this is a Fraud, which no honeft Man will be guilty of. At Paris Brokerage is ^per Cent, and at Lyons forty Sols is commonly given for three thoufand Livres Tourmis, Half by the Taker and half by the Giver of the Bill ; and at this laft Place, any one is permitted to exercife the Fundion of a Broker, it being a free City. At Venice Brokerage is \per Mil, at Genoa \ per Cent at Leghorn -i^per Mil. at Bologne i Sol per hundred Crowns ; and in all other Banking Cities accord- ing to what Government has fettled. What we have already advahced, is fufficient with Refpedl to the Tranf- aftions of Exchange Brokers in general, and to give an Idea of the Nature of their Bufinefs in foreign Countries, which is all that is neceffary ; for every Merchant travelling to or refiding in any great mercantile City in Europe mull 6 G ^_ , make in i^A tB£ » V r w '' ■r'ff' 1,: ill'' li: lit l?2 O T n K O K F. R S, {"V. m:ikc himfcif Mivltcr of the local Laws and Regulations of the PUcr with rtfjKd to Brokers, and ad accordingly : for tliclc are liahlc to vary with the I'oUcy and t'irciimftanccs of every Country, and therefore all printed Trcatilcs upon fudi Siihieds may become oblbletc and uklefs. But the fame Reafom llundd oblige the British Mrkthant to iludy all the Laws and Regulation! refpetlting Brokers in his own Country, on which Account \vc (hall enter into a Detail on that Head, and give ample Information to the very Time of our Publication : What Alterations happen afterwards, it will be eaJy fur him to add, and thereby to make tliis Trcatife, the Uti idard lor hi» Tranfadlions with Brokers. Of Exchange and Stock Broken in England. Varii s Clalfes of Brokers arc comprehended under the genera! Title of Exchange Brokers, viz. InJ'urance Brokers, Ship Brokers, Eiiji-lndia Brokers, Stock Brokers, .luclijuciis, &c. all of whom, if they tranfailt liuli- ntl's within the jurifdiil^fon of the City of LohJjh, iiuifl be duly fworn and adrnitK'd to ad as Brokers by the Lord-Mayor and Court of Aldermen, other- wile they arc liable to a I'inc and Sulpeiilion, upon Intoiination givin to tlic faid Court, tiiat they tranfavlt Burinefs without !)eing lb duly admitted. Having already treated of Exchange Brokers, in the limited Senfe of that Title, we ihall proceed to Insurani e Brokers, whofe iicculiar Biifnicls it is to bring toj^ether the Parties wanting to ini'urc Ships and Merchandife from the Perils of the Sza, and the Infurers or Underwriters : to fettle the Fn;- mium, to pay or receive the lame for the Parties concerned, to fill up tiie Poli- cies, attell them, (^c. They arc likcwife often called upon to draw up Charter- parties, particularly when they are to contain any fjiecial Conditions, as thole Conditions often relate to, and are conneded with the Infurance. Ship Bkoiceiss are employed in b'.tying and felling Ships and Cargofs, cither by private Contrad, or by | ublic Sale, the latter is faid to be by Candle, on Account of th'* Cuftom of lighting an Inch of Candle at tliile public Sales, and fufFering the Bidders to bid no longer than till tlie Candle is burnt out, in other Kefpeds they do not dilFcr from cominon Audions. la 'lime of War, the Bufinefs of Ship Brokers is confiderably incrcafed by tlie Sjle of Prizes taken from the Enemy. East India Brokers trandid the Bufinefs by Commilllon of purchalinj the Commodities fold at the Company's public Sales, and they are enployd by the Wholefale Dealers in Linen, Silk, Teas, Spices, Drugs, China, &c. Stock Brokers are Perfons who confine their Tranfadions to the buying and felling of Property in the v>ub!ic Funds, and other public Securities tor Money ; and they arc employed by the Proprietors or Holders of the faid Securities. Of late Years, owing to the prodigious Incrcai'e of the funded Debt of the Nation, commonly called the Stocks, they are become a very numerous and confiderable Body, and have built, by Subfcription, a Room near the Bank, wherein they meet to tranfad Bufinefs with their Principals and with each other, and to prepare and fettle their Proceedings before they go to the Transfer-Offices at the Bank, the South-Sea and India-Houfes, there- by preventing a great deal of Confufion at the public Offices, where tJie Con- courfe of People is fo great during the Hours of transferring Stock, that if the Bufinefs was not prepared before-hand, it would be impoflible to tranlaftit within the given Time. But if the Bufinefs of Stock Brokers, was confined folely to buying and felling the real Property of their Employers in the Funds, there would not be Half the Number that now follow this Profdlion. It is therefore necell'ary to taice Notice that the Intereft which Foreigners have in our Founds, particularly the Dutch, gave rife to Time Bargains, that is to fay, to Contrads for purchafing j-,nd felling any Quantity of Stock to be delivered or adjuftcd at a future Time. I'he ufual Tiines for which Bargains, founded on rcil Property, and intended to be fettled bonajide, were made, were from three Months to thiee Months, four 6 'J'imes cr with vith the I'rcatilbs Kcaluni gul.itionj liter into lie of our ir him to iuns with I Title of Eajl-luilia llid Uuli. I'worn and i;n, other- vcn to tlw jfc of that Biilincl's it udife from L- the Pre- p the I'oli- ip Charter- IS, as thol'i: id Cargots, i to be by ndle ut thcic 1 the Candle iftions. Ill I by the Sale purchaling irc enployai >a, tj?'.-. the buying jecuritics tor of the (ai the funded :omc a very in, a Room [ir Principals before they lufes, therc- [re tlic Con- , that if the [o tranUftit and felling. I not be Halt Lflary to take hicularly the Ir purchafing future Time. aid intended Months, four Times JD F B R O K E R S, tf<-. 4)^3 Times within »hc Year, vh. in Fdruarv, Mijr, Aug^uJ}, and Kavcmlir 1 aiul thilc IVi lods of Icttliiii; the y\ccounts of futh Time IJarjj.iIns v crc t.iild liie Rf.s( oi'N PKHS, from a DutJ.' mercantile Term lor ailjufting Accounts Cur- rent between Merchant aiul Merchant. The Impoflibility of afccrtaining vvlic- tlicr the ConimiHions from Abroad given by Letters fioin Foreigners, or hy their Coircf}>oiidcnts hcrr, to Hrokcrs to buy and fell Stocks for Time, were founded upon real I'loperty or not, gave Birth to Utack-jobbiti'^t or Dealing in the Funds upon S|H'culitlon, and the Perfons that pl.iy at this Game, for Gaming it is ot'the rtrll Magnitude, whether Principals or Brokers, are called Stock-jobbers. Thiy purchafe or fell for a given Time, frequently without being pollefTed of any I'roperty in the Funds they bargain for, merely upon Speculation. I'or ill (lance : A. imagines that a Peace, or fome other advantageous national Invent will raifc the Price of any given Fund within the Space of three Montlu coii- fidcrably above the Price of the Day o\\ which he makes his Time Bargain ; On this Principle he gives his Broker Orders to buy a large Quantity to be taken and paidfor three Months from that Date j when the Time expires, if the Stock has rifcn according to his Expcftation, inflead of t>Hng it, for • probably it has been bought of a Perfon who had it not to deliver, he receives from the Broker the I3ifferencc in Money, between the Price on the Day the Bargain was made, and the Pri' .t the Expiration of the three Months, and this is his Profit : If, on the contrary, the Stock hits fallen below the Price of the Day on which he purchafed for three Months, he muft pay the Diftercnce, and this will be a lofing Account. It is computed that the Bargains on Stock- jobbing Accounts made in the Courfe of a Year, *xceed by many Millions, the Transfers made at the Books of real Property, and theConclulion is apparent, that great Fortunes arc made and loft by Stock-jobbing. It is to be oblerved likewife, that the Brokers job for their own Account, which occafions frequently Failures at the Stock-Exchange. The whole Bufinefs of Stock-jobbing being contrary to Law, and many Perfons adling as Brokers therein, who have never been admitted as Exchange Brokers by the Lord-Mayor and Court of Aldermen, it is our Duty, in the next Place to give the Form of AdmilTion of regular Brokers, the Regulations to which they are fubjedl, ai \ Abftrads of the Laws in Force concerning them, and Stock-jobbing J after wl. .h, if any further Information is wanting, we muft beg Leave to refer the Reader to a well-known Treatifc on the Funds, entitled. Every Man his oivn Broker *, as it would far exceed our Limits, and go beyond the Plan of this Work, to difcufs the whole Art and Myftery of Stock-jobbing. All Perfons, who fliall ad as Brokers within London, fliall be admitted hy ^.],,„,q ,( the Court of Mayor and Aldermen, under fuch Diredtions for their good Be- s. +. haviour as the Court fhall think fit 5 and fhall, upon their AdmifTion, pay to the Chamberlain forty Shillings ; and ftiall alfo Yearly pay Jbrly Shillings upon the "gth of September, for the Ufe of the Mayor and Commonality and Citizens of the City of London. The principal Regulations eftablifhed by the faid Court, in Virtue of the Powers vcfled in them by the faid Statute are. That every Broker upon his Admiflion is folemnly fworn, truly and faith- fully to execute and perform the Office and Employment of a Broker between Party and Party, in all Things appertaining to the Duty of the faid Office and Employment, without Fraud or Collufion ; to the beft of his Skill and Know- ledge. That he do enter into a perfonal Bond, under the Penalty of five hundred Pounds, the Condition of which Bond recites the Duties iworn to in the Oath of Admiflion, which, if well and truly performed, then the Obligation is void, otherwilc it remains in fiiU pprcc, 'f-.'i •y-U ."./■I •:-- ->;!-• !•.:. - A Silvct * Every Man his own Broker ; or, A Guide to Exchange-AIlejr, explaining the NaturJ of 4hc Funds, the Art and Mjftery of Stock-jobbing, tfr. by T, Miriinrr, Jbifq. the Klcvcnih Eaition, Uii4r employ any uitdw him to ad as fiich within the (aid City, not being admitted, every I'uch IVriim Ihall forfeit to the Mayor and Commonalty, (^c. for every Offence twenty. five Pounds, to he recovered by Adtion of Debt in tlic Name of the Chanilur. lain, in any of her Maiefty's Courts of Record. Every Perfon employed as a Uroker, Sollicitor, or othcrwife, in brhilC of any other I'erfon, to make any Uargain, or ((tntrad for the buying r)r lellirii} of any Tallies, Orders, (fc. or Intercll in any joint Stock created by \i\ of P.ir. liament, or Letters Patent, or Bonds of any Company thereby ercdted, who fli.ill take any Money or Reward e.vcceding two Shilliiigt and Sixpcnct' tor every hundred Pounds, and (0 in Proportion, for his Service in follicifing or j)ro- curing fuch Contradt or Uargain, (hall forfeit Tuciity Pounds with ColU, to fuch Pirfon as will fuc for the lame in any of her Majcfty's Courts of Rtioi J at Wiiiminjlcr. All Contra(f>s upon which any Premium (liall be given for Liberty to put njTon, deliver, accept, or rcfufe, any public Stock or Securities, and all VVagirs, Puts, and RcfwUls, relating to the prcfent or future Stock or Securities, (lull be voiil : and all Premiums upon (uch Contradls or VVagei*s (hall be rcflonj to the Perfon who (hall p.iy the f;uiie, who (hall be at Liberty, within lix Months from the Making of ("uch Contract, or laying fuch Wager, to (lie lor the (ame, with double C'ods ; and it (hall be liilliiient for the Plaintiff u allcdgc, that the Defendant Ls indebted to the Plaintiff, or has received to the Plaintiff's Ufc, the Money or Premium fo paid, whereby the Plainti(f'8 Adion accrued according to the Form of this Statute, without fetting forth the Cpccial M.ittcr. Perfons, who by tlils Art (liall be liable to be fucd, (hall alfb be obli^tj to anfwcr upon Oath fuch Bill as (hall be preferred againft them in Equity, tur difcovcring any ("uch Contract or Wager, and the Premium given. Every Perfon who (hall make any fuch Contradt, upon which any Premium (hall be given for Liberty to put upon, deliver, accept, or refufc any piiblic Stock or Securities, or any Contradt in the Nature di Puts and Refuials, or fliall l.iy any Wager, except (uch who (hall bonajide I'ue, and with Effe^l pro- lecute, for the Recovery of the Premium paid by them, and alio except Ikh as fliall difcover fuch Adtions in any Court of Equity, (hall forfeit Fhc hunini Pounds. And all Perfons negociating or writing furh Contradh,. (hall likcwife forfeit Tive hundred Pounds, which Penalties may be rccjvcrcd by Actiun of Debt or Information, in any of his Majedv's Courts of Record at ir>;ihif.nj}cr; one Moiety to his Majcfty, and the other Moiety to them who (hall (ue for the fame. No Money or other Confideration fliall be voluntarily given or received for the compounding any Difference, for the not delivering or receiving any {jublic Stock or Securities, but all fuch Contradls (hall be fpecially executed; and all Perfons who (hall voluntarily compound fuch Difference, (hall forftit Oni hundred Pounds, one Moiety to his Majefty, and the other Moiety to them who (hall fuc for the fame. No Perfon who (hall fell Stock to be delivered and paid for on a certain Diy, and which is refufed and negledted to be paid for, (hall be obliged to transfer the fame ; but it (hall be lawful for fuch Perfons to fell fuch Stock to any other, ind to receive or recover from the Perfon who firll contradted for the fame, the Da- mage which fliall be fuilained. It (hall be lawftjl for any Perfon, who fliall buy Stock to be accepted and paid for on a future Day, and which (hall be refufed or negledted to be transferred; to buy the like Quantity of fuch Stock of any other Perlbn, at the current Mif- kct Price, and to recover and receive from the Perfon who lirft contradled to deliver the liime, the Damages fuftained. 2 . -. ^ • '■' ■ . AU O !• B R O K r R K S, (>( 48J II. All Contra(5>s wJiiili flmli Ik- made for the buying or tratikfcrrinj; of Stocio 7 d. wiifrriif the I'trfon 011 whole Hch.iif the Contract fh.ill be ni.idc to tr.in«lcr tlie ^"' * faiuc, lliill not, at the Time ol iiLikiiij,' fiith Contradl, be ai^tiiilly pollLlied in his own Uight, or in the Name of 'i"ru(kcs, fhali be voitl : and every I'orfon on whofc Hciiilf, and with whole Conlcnt any Contr.iitt fhall be made to (ell Stock, whereof liieh IVrfon Ihall not lic adtiully pofTelVcd in his own Name or iii tjie Name of TnilUes, (hall forfeit hive /jmJred Pounds, one Moiety to his Majcfty, and the other Moiety to then. \ ho Hiall fiie ftir the fitnc ; and every IJrokcr, or A^ent, who (hall ne-ociatc any liiih Contratft, and Ihall knosv that the IVrfon, on whole Behalf Inch Contrail ihall be iTiadc, is not polfelled of Stock, fhall forfeit Off.' nutidrcl Pr.utiJs, one Moiety to his Majelly, and the other Moiety to thctn who (liall fue for the fame. hvery KTloareteiving Brokenigc in the biiyinj; and dilpofiug of Stocks, (liall 5;^.^<^ ^ keep a uroker's Book, in which he ihall enter all Contracts, with the Names of the principid Parties ( and fuch Broker, who llr.dl not keep fuch Hook, or Ihall wilfully omit to enter any fiith Contracts, ihall forfeit Fifty Pounds, one Moiefy tu his M.ijclty, and tli.; other Moiety to them who Ihall lue for the fimc. Nothing ii\ this Act (hdl extend to any Coulradts for the I'urchale or Sale ofsca. i.<. Stock, to be made with the Privity of the Accountant CJeneral oi" the Court of Chancery, in Purliiance of any Decree or Order of the laid Court. Nothing in this Act fliail hinder aiiy I'erfon from lending Money on Stock, foScO. m. as no I'remium be paid more tiian legal Interell, The above Ailt was made perpetual by 10 Geo. 11, C. S'. It was hardly poflible to frame an AdI:, better calculated to fupprefs the per- nicious Pradtice of Stock-jobbing j yet it is Ihamefully violated, and tliat daily, with Impunity, juOifying the Remark made by Foreigners, *' That we have the bed f.aws of any Nation in the World, and the worft executed." How- ever, the Merchant and the monied Man may learn one ufeful Lclibn from attending to the Regulations concerning Brokers, and the Statute againft Stock- jobbing, wiiich is, that he can have no Remedy whatever for any Fraud or Colhilion, unlcfs he employs a liccnfed Broker. And that he may know which are liccnfed, he need not have Recourfe to a Sight of the Silver Medal, a Lift of the admitted Brokers being annually printal by Order of the Lord- Mayor and Court of Aldermen, which is hung up in one of the Walks of the Royal Exchange, and in Guildhall and at moft ol Uic reputable Coffcc-houfes near the Exchange. Of the Par of Monies. Mo S T of what has hitherto been written concerning the Par of Coin is obfcure and confufed : the greateft Part of the Authors who have pub- blillied any Thing about it give the Par of Monies no longer current } howevtr it is a Thing not over difficult, as it only conlifts in making the Comparifon between the intrinlick Value of the Gold and Silver Coins of each Country, and the Price they pafs current at; it is therefore necelTary that the cxadt Weight and Standard of fuch Monies be firft known. The celebrated Sir Ifaac Nev!ttn publilhed a Traft of the Standard of foreign Coins, which was printed at the End of Mr. Arbuthnot's Work ; but fo many Alterations have lince been made in the Monies of France, Spain, and fomc other Countries, that it is neceffary to examine the laft Arrets that have been publilhed about them to clear up this Particular. As for Example : The King of Spain, by a Royal Decree, raifed the Piftole from thirty-two to thirty-fix Rials of Plate, and by a fub- fequent Decree, it was ordained that the Dollars Ihould be current in his Do- minions at nine and 4- Rials inllead of eight, which they pafled at before, and thcle have fince been raifed to ten, and the Piftole to forty Rials : Which Ob- fervation might be extended to feveral other Species, but this would be both ... ... 6 H •.■-.■. .;.'_. tedious H \ - Id 1:1 I i m. \m h: i ' : l> ■li M I II ^85 O F T H E P A R O F M O N I E S. tedious and ufelefs, wc (hall therefore give fuch Examples only as v^^'ill Aif]?^ ciently and clearly deinonftrfte the Method by which all otlicrs may be found out. Tix Par of Gold Coin between London and Amftcrdam. Of li Mark of Gold of the Standard of 22 Carats are made in EnglinJ ^[ Guineas, as Sir Ifatu Newton demonftratcd to the Lords of the Trcafuiy on the Zitt oi September, 1717; each Gui.ica being then current at 21 Shillings and Sixpence Sterling, but Imce it has been lowered to 21 Shillings. At prclcnt looa new H(?/(i?W Ducats weigh 14 Marks i Ounce and 11 4. Engels; each Mark is of the Standard of 23 Carats and a little more than 7 Grains, from whence it follows, that there is as much pure Gold in 1000 Ducats as in 451 -V Guineas. Commonly in the Payments that are made among the Citizens, a Ducat paHd in Holland for 5 Guilders and 5 Stivers current Money, and according to this Proportion, an Englijh Gviine^, or 21 Shillings Sterling, is worth 11 Cuildcrs and 12 Stivers current Money, of Holland; or 9480-rV Shillings Sterling arc equal in Value to 5250 Guilders ; or one Pound Sterling to about 36,r. n,/. ? ,.5i4 ( ■ .. '!. 4l8 OFTHEPAROFMONIES. titleil, Slcutcl des Koopmans, Pag. 318, it isfaidtbat the Par is t^ ^\d. it Gros. A new Method to avoid tbt great Fra£iionSk In calculating the Par, or in making the Comparifon between Coins, great Fraftions frequently intervene. As for Example: We have found in 210 -;;> « Eng/ijb Crowns of 5 Shillings Sterling, as much pure Silver as in 2 1 3 ^^Fmicl Crowns of 6 Livrcs, or i Crown of 6 Livres has as much fine Silvc: iu *^« ]-~i't of an Eng/i/h one of 5 Shiillings, but the working of this with fo great a Fradion being very troublefome, it may be changed for a lefs Fradtion that ihall be almoft of the fame Value, which may be expreffcd as in the following Problem, Problem. , A great Fradlion being given to find another, whereof the Denominator is Id's than a certain Number given, fo that the Value of the Fraftion that has been found, is the neareft that can be to that given. I change the Fraftion given into another whofe Numerator is Unity, and I do the fame with the Fradtion which is found in the Denominator, and lb on. I negledt for a Moment the Fractions of FradtionS that are found at the End, and by that will be had all iimiliar Fradtions, which are alternatively the one too bigand the other too little, as may be fecn in the fubfequent Example. The Frad^ion given being |44t» •* '* demanded which is the Fradtion mod like it whole Denominator is lefs than 100. But as I think our Author's Solution of his Problem is neither fo corred nor clear as it fliould be, I have attempted to make it plainer and more exadt, though before I proceed to the Operation, it will be neceflary to premife the following Lemma. To find a Denominator to a given Numerator which Hiall make it the neareft Fradtion to a larger Fradlion before given, let the firll given Fradtion be denoted by -r, and the Numerator to the new Fradlion be j, and its Denoraiuator;^, then we have — ; X : therefore nx = ad and x ■■ — which put into Words gives this Ru/e. Multiply the Numerator of the new Fradtion into the Denominator of the large one, which then divide by the Numerator of the great Fradlion, and you will have the Denominator you fouglit for your new Numerator ; Now in Regard to the Problem, firft find the Fradion whofe Numerator is Unity, that fliall be equal to -J44t» which by the foregomg Lemma will b-e exprefled — y^ 1 ^-TTi: ^TrTT if now you rejedl from the Denominator, the Fradlion of Fradlions, there is i the neareft (though too great) to |4tt when the Denominator muft not exceed 4. But as the Problem admits an higher one, we repeat the Operation, thus I its Value altered by the faid where you only fubftitute for ■499 TT*T , • ♦ 9 Lemma to — rTT &nd rejedUng ^^ we have— 7 = — which is too great, but the neareft of any whofe Denominator does not exceed 50, to the given Frac- tion i but the Work may be by the Condition of the Problem repeated again —T— and for DTTTJT ■ « 9 ■m,r which leaving out t'j 3 writing -rV found as before, we have — ; from 2 2 20 f there is -t" = tt = — which is too big, though it .r--i: V,TT4 V a Fraftion I be almoft nator is lels lat has been ty, and I do ind lb on. at the End, the one too on mod like corredt nor xadt, though the following it the neared on be denoted iuatorx.tlien ds gives this .linatorofthe tion, and you low in Regird that fliall be -IS, there is t ; not exceed 4. deration, thus by the faii great, but given Frac- ^epeatcd again from pig, though it OF THE PAR d!F M0tjrlfi«. IS the Fraftlon fought : for if the Work be again repeated, you will have d Denominator which fliali be 817. N. B. It appears by Infpedion that the higher the Denominator is, the near you approach to theTruth, for there is lefs omitted in the Denominator, fo at lail the Work would converge into the given Fraftion. Note alfo, that by the faid Lemma you may find a Fradtion of a given Deno- minator, which fhall be neareft equal to a higher given Fradkion ; and as this is of a peculiar Ufe in fradional Works, I fliall give the Rule it may be performed by. Multiply the new Denominator into the Numerator of the firft given Fradlion^ then divide by the great Denominator, and rejefting the Remainder as inconfi- derable, your Quotient fhall be your new Numerator. By this you may prove the foregoing Work, for if you chafe a Denominator 51 and would find a Nu- merator to make it neareft to ||4;, then ^' ^ ^'^^ gives ao, as before found, '. - -J, A Comparifon of fame Coins. " . :' i t' ' • O/" SlL V E R4 :; 1 ■ .; V . ■. Letubn Amfttrdam. If reduced will be found If reduced will be founi joCrowni of j Shill. Ster. worth 19 PJeCei of 3 Guil. loo/. Str. lefs } Sti. lOooGuil. more .■gShil.Str. <%i Frtnch Mont t6 Crowe? of 6 Liv. worth 13 Piecei of '3 Guil. 1000 of j Lit. lefs 5^ Sti. 1000 Guild, more B^Sols. ' "■ " ~ ■■ - ... - ,^i^ijt„,, 50, Guild, more jsols. Tarts LctiJoM Crowni. Engli/b Mon. Fmtt Mon. 76 Cro. of 6 Lir. worth 75 Cto. of 5 Shill. Str. iceo of 3 Liv. more jiJ. St. tool. Sti left ;| Sol* Parii AmfitrJam, Crowns. Vutcbllia^. . of 3 Guil Or 337 Cro.ol 6 Lir. worth 316 Piecci of 3 Guih 1000 of 3 Lir. lefs \-{^ 9} Quiaeah Paris 14 Lauidon« LnittM 30 Guineu, cyGoLU. Amfiirittsn. If reduced will be found If reduced will be fountt worth 206 Ducats 100/ St. mote 4 Den. 1000 Guil. lefs ^ St. Amfieriam. Crowus Duub MoO; French Mon. woith 30 Ducau 1000 of 3 lirr. more 3} Sti. ioooGuild.[ lefs 5f Sol*. Paris. Fnnct Mon. Crowns Emitijh Mon. worth 31 lAuidon ibo/. Si. kfs»i| Sols 1000 of 3 Lir. more i\%u Though Mr. BJcard has not explained the foregoing Tables, I have judged it neceflary to do it, that they may thereby be rendered ufeful. In the firft Line, the 20 Englijh Crowns are not worth quite 57 Guilders, theiC" fore at that Rate 100/. Sterling muft produce lefs than it would have done had the 100 Shillings and 57 Guilders been exactly equal, and fur the fame Reafon muft make fomething more Sterling Monr,y ; and to calculate the Deficiency of the Guilders, firft find what Part of a '''uilder J- of a Stiver is, which is eaifily dif* covered to be^-of tV* o^^V* ^"^Twt and then the Stating will be. ■ — 5/- 1/. to ^. . ^ ^ As looi'. w Or as 20/. Therefore the Guilders are only 56 44^. And by the fame Reafoning, the true Differences of the 2d Line in the Jirjl, and of the third Line in ^&fecond Table may be difcovered j ')ut the others being of a different Natuic; the Method for them may be demonftrated by the third Line in the Jirji Table, where 76 French Crowns of 6 Livres are worth a little more than 375 J. Sterling; therefore loo/i Ster. muft accordingly make the French Money lefs, and to find the real Value of 4S6 Livres in Shillings Sterling, fay, - - -■•'-' ■.■■•'■■■■■'• "'r;..' }^w ■\i ', %l'- '"H¥ 6 I Pk m p i 490 OF t!:e par of monies. Fr. Cro. «/. Fr. Cro, As 1000 of 3 Liv.— 3t or ff of a Shill.— — 76 of 6 Livres to the Sum fought. 3 6 3)3000 3)456 8)1000 P)i52 125 19 Then — ^ — i = t— ''^ which muft be added to 17c Shillings to make the true 125x48 oopo /" •' *• Value of 456 Livres. A Comparifon betwceti^fine Gold and Silver. I fliall not treat here of the Comparifon nvide between Gold and Silver by the ancient Greeks and Romans, but commence my Account of it much nearer our own Times. Agrkola ' liiys that a hundred Years before he wrote, or about 1440, one Part of pure Gold was given in Germany iov thirteen fimilar Parts of pure Silver'. In the Year 1457, it was regarded as a fettled Price, that had, notwithllandin^ the feveral Alterations in the Coins, fublifled for fome Time ; the giving 84 Pen- nings of handjberg Money for a Guilder of the Rhine ', 100 of thefe Pennings weighing a Mark of Erfurt, the Standard was 2| Pennyweights '' j if the Mark rf«//i Wool J as it is fometning curious, and may be inftruftive. It is known to all concerned in that TraJe, that the Wools of Germany and Poland are fold at Amjlerdam with an Allowance of fifteen Months' Difcc>.mt, and one per Cent, for prompt Payment; for which the Merchants del'H • exaiftly a Tenth J a*- 1 for thofe oi Spain 24 lb. are always allowed for Tare 1751b. be- fidcs a Deduction of twenty-one Months' Difcount, and one per Cent, for prompt Payment ; and in Order to inveftigate a (horter Method for calculating thcfc Abatements on the Spanijh Wools than has hitherto been pradifed, v ithout negledting the Fradtion which is often found in the Tare, our Author, Mr. Samuel Ricard, invented the following Rule. -,.• — . .... .-,.-. ,n„.-[ .. ..:;:r . :'*. Rule. '':! ■■' ■_ ' I ft. Multiply the Pounds by the Price, and from the Produfl: fubtraft i quar^ ter Part, and the Rernainder will be exprefled by A. 2d. Take i per Mil. from A. and the i oth muft be deduced ; the Remainder wll be B. The Difference of A. B. will be the Sum fought for, which will fur- pafsthe true Anfwer upon 1 1000 Guilders about half a Stiver. 3d. To correal this, there muft be taken away from the Guilders of B. 4. and fubtra<3: as many Deniers as there are of Guilders for the Remainder, and it will come to about 14. Denier too little on 1,000,000 Guilders' Worth of Wool. Example. , . ; -... ^. .,;.,. • . .i,,:,\:< 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, 99751b. Tare 241b. on 1751b. and each lb. at 31 J. Stivers, with twenty-one Months' Difcount, and one per Cent, for prompt Payment ? The Anfwer is 11,772 Guilders, 6 Stivers, and 12 Deniers. '•-.- ii :» ■« . ', * i; . Solution 49 » I «ir: ti : llri il'ii 49* OF ARBITRATIONS OF EXCHANGT. Solutm. 9975 Guild, ii : 15 : 10 A, Guild. 11782 : .6 29925 -rff I : 3 : 9 8. Guild. 10 : 1. : . 4907 : 2|o)3i42i|2 : 8 Guild. 10 : 12 : I Guild. 1 1772 : ^ : J Corrcdtjon '• '■ 1 Guild. 1 5710 : 12 : 8 T3927: '3:2 A^CmXA. 11I782 : 19 ; 6 20 Aiifwer. Guild, 1177: ; 6 : u . 1 ' 15I659 16 io|5Jo Monr. 0/ /-» /"ort, ScieMU Jei NigctlUHi. Sam. Ricari, Traill gn, dt Ctmmtrci. J. Urn. P. Monr. it MttttlltgHJ Traill ill jirtilraiii. Mr. jr. P. Ri- tori, U Ne- gut JTAmfitr- dam, P. 640. Of Arbhraliom of Exchange, ARBITRATION, a Conftruftion of the French Word Arbitr.^; in Exchanges, has been varioufly defined by the feveral Authors wlio have treated of it. One fays it is a Combination or Conjundlion rradc of many Exchanges, to find out what Place is the moft advantageous to remit or draw on. Another dcfcribes it, by faying it is only the Forefight of a confiderable Ad- vantage which a Merchant fhall receive from a Remittance or Drauglit, nude on one Place preferably to another. A third conftrues it to be a Truck which two Bankers mutually make of their Bills upon different Parts, at a conditional Price and Courfe of Exchange. According to a fourth, it ia the Negociation of a Sum in Exchange, once or oftener repeated, on which a Perfon does not determine till after havinig examined by feveral Rules, which Method will turn beft to Account. And though thefe feveral Diftin<5tions are couched in different Terms, they feem, if rightly confidered, to have the fame Meaning, whereof fome ina« be counted the Text on which the others ferve as Comments or Expofitions. Before any Perfon applies himfelf to the Study of this Subjedl, it is neceflary that hr (hould be well fkillcd in all the praAical Opera tionv, in Regard to the reducing of the Sterling Money of England into the foreign Monies of Exchant^e, and of Account of all Places of Europe, according to the diredt Courfcs of Lx- change cftablifhed for thefe Purpofes, and vice verjfa. I Alfo, that he fhould be acquainted with the Methods of converting Sterling Money into the Monies of Exchange, and of Account, of all other Places of Commerce, wherewith England has no direA eflablifhed Courfes of Exchange, but is under the NecefHty of making Ufe of the intermediate Exchange of other Places : Together with the Nature of the Agios, and the Manner of ton- verting their Bank Monies into Current, and the Reverfe. That he fhould be able to calculate the Par of all foreign Mcnieo throughout Europe with thofe of every diftindt Country, either according to the direct, or intermediate Exchange , which makes a much greater Variety of Ca!' s, than thofe who arc not thoroughly acquainted with this cxtciilive Subjcdl can imagine. It is neccfTary likewife, as a preliminary to the Pr.idicc of Arbitration of Exchanges, to know the intrinfic Value of foreign Coins, according to the moA accurate AJfays which have been made for iliat Purpofe. Finally OF ARBITRATIONS OF* EXCHANGE. Fln.illy, it is requifite to undcrftand the general natural CjuIcs of the Rife aiid Fall of the Courfes jf Exchange between Nation and Nation, or between one trading City and anc ther in Mie fame Nation. Arbitrations arc divided by ihe Wriiers on them into Simple and Compound, of which I (hall fuccindly give fome Examples, and endeavour, as plainly as I can, to illuftratc fuch Rules for their Operation as may render it eafy both to tlie Apprehenlion and Performance j my Predeceffors having configncd me this Talk by unamioufly leaving the Solution of their Qneftions too much in the D.irk to be comprehended by moft of their Readers, as they have contented thcnifeivcs with replying to tlie Queries, without flicwing their Method of performing, and have tiicreby rendered abortive their pretended Defign of ron- vcyiiig Inftrudion ; which could no otherwife be done than by a Delivery of their Ideas and Conceptions in fuch a Manner as might leave tnem open, and eafv to be followed and pradlifed. A Simple, or Single, Arbitration, is to be wrought by the Direft, or Inverted, Rule of Thrje ; and to diftinguifh which of thefe Rules is to be ufed in working any Qucftion relative thereto, it muft be obferved : 1. That an Arbitration muft be cyphered by the dired Rule of Three when the//// Term of Stating is more than xha. third, and that the Quotient is lefs than the middle Term. And, 2. This Rule mull: be ufed when tlie JirJ} Term is lefs than the third, and the Quotient is more than the middle one. Remarks will Ihew when the Indir-dl, or Inverted 493 And the two following Rule, is to be followed. I ft. The Queftion mud be worked f,;ji Term is lefs than the third. Number. zd. The Operation muft be by this by the Inverted Rule of Three when the and the Quotient lefs than the middle Rule, when the firji Term is more than the third, and the Quotient more than the middle Term. And whether the Arbitrations be fimple or compound, a Price of Exchange muft always be fuppofed. when a Reimburfement is ordered on any other Place than that from whence it is diredted. Whatfoever Number of Figures enter into a compound Arbitration Queftion, the firft and laft muft be of the fame Species, and the Rules muft be commenced by the Species fought for. Tlicfe Maxims being well underftood, and applied to the Examples, will facilitate the Operation of the Rules of Arbitration to thofe who pay any Atten- tion to them. And as the Ufe of fome Charadlers inftead of Words will confideably abbre- viate the Work in the Solution of the fubfequent Examples, I have employed them to this Purpofe, and fhall here explain them once for all. X fignifies multiplied by, as lo k 54, v: 10 multiplied by 54. A Number above a Line, with another under it, fpecifies that the uppermoft muft be divided by that beneath, or the Numerator by the Denominator, from tvhence — — \ — - fignifies, that 24 multiplied by 67, multiplid by 1 9, muft 54 234111 denotes, that be divided by 15 multiplied by 28, multiplied by iz; and 54 is to be divided by 234, increafed by ^-J-t- = fignifies, equal to, as 10 =■ 5 x 2 = 8 x ^» This premifed, I proceed to my propofed Firft Example^ A, of Lyons orders B. of Cadiz to draw upon him at 76 Sols per Dollar, pro- fided at the fame Time he can remit him on London, at ^zd. Sterling alfo per Dollar, but as B. drew at 75;, it is demanded at what Exchange he may remit on London to complete this Order ; and this is anfwered by the Dired Rule of Three as follows : 6 K If i 1 1 1, . • i-i., 1 (I -J 1H.11 I , \ 49+ OF ARBITRATIONS OP EXCHANGl-, If 76 Sols gire 42 liill Mciiiorii\l ili.v \v:m " Fragment uf thixe Tables i'or the Ivuhangt,, between /'.///tv, Hj.r.i, anj " IMiiitJ i md in tlic Iccond there \va< alfo a I'ait of three oth-.r Talilj.;, foitli: " Exchanges of Goioii, Lnm, and /VwAv; but wlieiiier a VVjiit of !• riiiuls or " other Rca;'jns inipedcil his Siiccefs, lie never w.i^ able to obtain hi'' !le.,ucu. " The Copy of thcfc Memorials is fallen into our Hands, and we inve iliiLo. " vered the true Toundatioii, not very ditlii u!t to be I'unnJ out : I ()bfcrvi;i,itlii< '• Metliod, III, 'i hat tliQ Autlior from the over Care he took i^j hide the Oripi *• of his lables, fell into an Inconvenience, tiiat induced him to alter or clunnL- " his own Rule. 2dly, That it requires more Tables, and tiiefc greatly extcmld, " to fuflice for Ufe on tiie principal Places of I'xchange. ^dly, If any one woulj calculate with Fxadlnefs, he cannot expei't Profit and Lofs in tlie fune Tank', and to remedy thcfc Dcfcds, we have conipoled the Kllowiig Tables, which may ferve for all Parts, that can be propofed, if the Trouble is only t.ikeiii) put them into the 'I'ablc Number IV. whiclt is n(j ways ditlicult to be effected i and not to make a Secret of this Proje(!ti.)n, we hive placed tlie Niimhtrs fo clearly, that a Mathematician will inunediately perceive the Source. Our Manner then is fuch, that all Perfons may do it, witixjut over much attention, provided they arc Mafters only of the firft four Rules of Aiith- metick, and it will even fuHice that they know Addition and Subftr.itlUun in entire Numbers. If any one is delirous of extending or nuking the T.ihlc Number I. greater, it is only necelFary for him that makes the Calculation to have a Knowledge of the Coins ufed hi Exchanges." ui Rule for what Is received, and for "what is given. If the Money of tlie Place remitted to is fixed, and the Excliangc vnrics in that from whence the Remittance is made, then it muft be written ^j^/ww ; as for Ev- ample, a Merchant at Amjlerdam remits on London, Paris, Cadiz, See. in which three laft Places, the Coin is fixed, with Refpec^ to the firft ; but if the Specii: of the Place remitting is fixed, and that the Exchange of thofe, where the i(c- mittance is made to, rifes and falls, as from Amjlerdam on Dantzick, Qmu^' berght &c. it ought to be written reuived. -: ",' i 'i:. ''■'•■' Table n'.oi. 34(if, 10 * * .' -<^ iv '.'hi. lis !\c.,ucii. OF ARDITKATIONS OF F.XCIIANGE. T A U L E I. 1 I 1 k ^ i 1 { { J? 26 17 46. (.go »43 99!< 1150 554 721 ":37 rrs7 597 922 '"75 1114 "I67 1506 "641 1-72 1 H.,<, 2022 1142 2J5» 2 -,7 2 ''5 455' 4'"<4 408 4''U 4; ' ♦5H5 4''!' 47 '7 478; 484b 49"/ 4971 5032 4601 4l'bS 4734 479I' 48b a '04 ;10( •,bi7 66,-9 6701 66186638664-) f 6706680 b'l.ji 6711 (i-jii(<7p 67|4;5"|47'''' lob 6742 67526-616773 i<;|mii 6(1 JO ~ 71 _74 _75 76 77 7S 79 .' 1 ~I Si »i Ji H(> «7 4SI4 48)0 '"7 678) ' 79) 6803 6813 •12 3» 1160 H40 129615?' "437 1472 i«r4 160H 4H;7 41*9) 492) 49'<" 50471 lo8|b82 3 '■1*33 "Ml"'*53i ;oo2 ^062 5122 ,•181 5230 529- 5 3 54 54'° 54'>5 5520 5574 ;027 jOKo 5732 5783 ,■8,4 5814 4955 5017 SO'7 5'37 5 '9'' i2?| C! 1 1 log 1 lo b863|b87JbB8,b'<93 6903 b9l} b9 2 1 (.932 jl "'74 J4..X04 j,liy,o F!"7i 4o|aiiio 41 '^'7 43|"-'t lM9M +5 JUL 46 3 1 ' 7 47'.WI- 4S Uf" 49 339' 5o:H'9 5»yH9 533732 5413s. 3 S;J3893 56:397' 1707 lSj(. ii;(j| 1082 J 200 nil, iil7 »^3' .641 2;t 2 '■49 J<)4X 3:'4? 314U 3233 3321 1413 3iOO 3''70 3752 3«33 3912 3990 4067 4142 421b 4289 + ,6o "739 lH(j, iijyi 1112 2229 2344 145« 2 s ''4 Mh) 277J 21.74 ^3 3"'>4 ;'52 ?'" sabS TJab 5 '07 ;ib7 522s 5283 5340 1 1 1 112 iii L!i "•5 "942 '1952 69'JJ b.;71 b9Hrb9c)| 70-I170I0 ro20|7oi9 7039 71)49 7o;8 7068 707717087 70967105 7IH 7124 71347143 7"52 7'62 5 :M( 5124 5479 5 382 539" 5452 55°" 5560 5'"4 i7l'j 57/° 5821 5872 59'" 597 ' bo 1 9 bob; bi 1 ; 6162 6209 6;co "34" "39° 6434 6478 6521 6;b4 6607 ,11b 24S2 543s 5493 lit.7 >boi 5''34 S7£, 575** 5809 ?-09 595» boo; bo^s hii>3 "'7 7171 71807 189 7199 2i9° ±>'l 279K 2091; 2iiy7 3093 J187 1 18 7208 7117,72267^3, 55(3 55"7 5"40 5 '".'3 I'i9 120 liU 122 "244I 254'7'"3 728117290 -2g J 73"7|732b 33. 73.}l-l"i'r37t ■•2-2 73°" 7144 <79 ill" ,7';6 i237388|73.)7!74o" |ia4i7423 7432:7441 "414 7449 32463279 ^847 !«<)7 59;! (.04;, bogi 61 39 M85 '1232 (1278 4323 b4l2 1" 25 745!! 11267493 |"27l7527 -4"" 7i:5'r4»4 334'' 3435 352.! jfi07 3'»)i 3773 3i*53 3932 40C9 40S6 4"6l 4234 4.107 437*< 44£ 4517 3369 3457 3543 3'J2» 37"' 3743 3B73 395' 4029 4.rs 4^7_9 47?2 7501 -5i"7s"* 75447551 757«75'*b 88|59H 753" |128 ||29 7,01 757« go 6031 7595 7"°3 7bli:7b20 9' _94 9; 6079 A' 7 6174 6220 6266 1307628 -"37 :"45 7"53 61 50 6197 6243 b289 "334 "379 0423 '3' 7662 76-0 7"r*'i7">'7 77" 77'9 7/44I7752 78r8:78i6 -n40|7848 -h72|-8>o "3! 121 '34 '35 '3: ,-69517701 7721*1773" 77" ^17768 77';3,7'*<» .hj,7S3i '8.-6;7864 iZ 59 60 404S 4' 23 419H 4270 4342 _y6 97 98 6312 6357 6401 43 »4 4395 446 ? 4534 g9'6445'6456 ioo'64H9 650; 04 b; 6?1I 'i9 "4° "4' 788ni7»96 -9197927 790J,-9ii ■■i;35'7943 6j 44'3 4482 4430 4,-00 101 102 .'.532 "575 6543 b;8b "554 bs9" 795017958 7981I7990 7966797, 799; »* 04 TABLE II. LONDON. ! t' /. y. i rf'. { J. 1 ./. 111.07. 2466 2*7' 13'. ii(/'.,2585;259o 341. 0./. 25(;6|260ll 1 3b(lb|26l2 2 ;2bl;j2b22| '34J. 10./. 2701 2706 3 5'- 9''- 2814 2819! 39J. «'2g ■) 2933 10 121)47 2918 2 ;24«h 2493 35/. oJ. 2721 2727 1 .■ 2834 2^39 2948 __l_i2499 2504 i I 2712 2737 3O/. 0^. 1 .844 2854 2849 2859 ■ ",....|2953 S7I. cy.12963 '958 2968 '977 4 2510 2515 i ,i l262-|2b33 ! / 274212747 5 |2j2£ 252( 4 12038 2b43 1 3 2-52 275l> 1 2 2864 2869 ' |2Q73 (1 2; il 253- s 12649 2"54 1 4 2763'27(8 1 3 2874 2879 2 1298.: 29S7 ~ 2551 -5*: 2ii5r b I2659 2664 1 5 2773I2778 1 4 2884 2889 3 |2<)92 2997 1 7 2669 2675 6 7 I7*<3l2788 27.;-,|2798 5 6 2S94 2904 2''99 2909 - I300; 1007 9 -5"4 Vb., 8 2680 26S5 5 I'll 101(1 10 ^j74 2i;Sc 9 2690 2696 8 280312809 7 2914 2919 6 1021 1026 497 1 m !|- ' J"' ;l«: ( ■ 'I . i*ri f I'ta ni 6 L TABLE 498 Of ARBITRATIONS OF liXCHANGF.. TABLIi III. H A M n U R a //. Shil. 1 1 f \ \ tV ■'. 1 J 1 i'. ''.1 1 Ji_i_LLi_H !» 11 '♦" 1410114:1; I4^^|l4^0l4'|,^ I4»"|l4''" 1 ilb \ftlt '49'* ij '■. ■(i4)"SM 1611 164^ i()i) 1715 I7llli7?l|i74'<|i7«'' 17^4 17H0117HII 179ft u itlii maojiViH iH44{i8i2|i86o i«7s!i8«j iKgi ii,07|i9«4 i^tl -35. .'9J7 I94SI'95j"9*''I'97'>I'1^''4 l9t/;Uoo;| to 1412019 io)7|i04;l TABLE IV. AmJlcrJam, Antwerp, Paris, ice. Amjlerdam and Antwerp. I Antwerp and Paris, Amjlcrdam and A/m. J Number fixed 6489. If you take for Paris, London, Cadiz, or Fenice, this makes no Alteration, and the fixed Number Hull be the fame. Amjlerdam, Venice, wiA Lyons. Amjlerdam and Venice. I Amjlerdam and Lyons, Venice and Lyons. \ Number fixed 6489. Amjlerdam, Paris, anr'. Hamburgh. Firft Cafe. From Amjlerdam on Hamburgh and Paris. From Hamburgh on PrrC| Va 1 1 TC ,*6 t', r'.l/. TO 1 A O 1 a o 4 g 13 43 4«| 5»' 56 86| 40I 9; qy 17 6p 103 22 26 3° 35 39 |_o 1 1 44 4 48 9 52 57 ;7 (11 22 "66 26| 30 7^^! 74 3Sl 3'y 107 _h9 Ml 73 116 77 «i 120 12+ -9 ■s, 2 1 88' 92 97 101 1-6 1 10 .1+119 '23 12S ? 128 133 137 141 '4i 1+9 '54 i;8 162 166 3 ''3=''3' 141 1+6 150 "55 '59 164 168 '71 4 1701751179 183 18; 191 "95 199 204'jo8 4 '121'Jll 186 191 •95 200 205 209 214 21S ? 21 2 Zl6J220 224J2J8 M3 2>7 2+1 2452+9 5 ,211227 232 if ^4' 246 ''' 255 -•6 J 264 6 2?3 2;7i2"i Jh5!269 »73 278 282 289290 6 l26a'273 27» 283 287 292 '97 )0I 306 111 7 29+ 2i)8i(02 3o6;3i': 1'4 318 322 326330 ; l3>5!320 3'5 329 334 139 344 34s 35liiT- i 334 33» J+2 3+6I3SC 354 Hi i^ (66370 8 -362I367 37' 376 1»l ,1S' icjr 395 400405 9 374 37« 3823><0|3go 194 39H +02 406410 9 +1C-414 419 424 429 434 439443 i\im lO + 1+418 + J2|+2b|+30 434 +38 ++1 +45 449 10 45** 462 467 K^ 4'7 4«2 487J491 S35I540 49% 01 n +53 457 +61 1+65 +69 473'477 48^ 484488 II 50t'l5ll ;i6 52' 526531 545:550 y^/i Explanation of the Tables. N". II. is for London ; N°. III. is for Hamburgh -, if the Exchange is found in the 8ths and i6ths : N". I. is for all other Places j and for Hamburgh when the Exchange is in Shillings, J- Shillings, and | O.iillings, N". IV. ferves to Ihcv the Numbers that muft be added together, ijiz. all thofe 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 Addition of the Side in which to find that given is lefs than the other Sum of the Side 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 maybe made of thefe Tables may the eafier be comprehended, I Ihall here add fciie Examples. Firft Example. t A. of Amjierdam remits on London to B. at 34/. 5- Groots, what B. remits for the Account of A. to Cadiz at 49JV. Sterling per Dollar. If the Merchant at Cadiz remits the Produce ox\ Amjierdam zx. lai-l- Grts. oi Holland per Ducat of ^75 Maravedis j it is demanded how much A, hath gained or loft exclufive of the Charges. Solution by the Tables. He gives He receives 34^ . 5^ Grts. 2654 >3i:- 7335 49^^^- 3457 Fixed Number 1 1 04 7215 120 721J 24 pc Cent, gained. The Operation. d, Maravedis. d. If 49^ Mar. 272 240 will give I3I2t4t Maravedis If 375 lai-J-Grts. j3I2t;; 2 '99 243 11810 . ^ • 11821 • -1 ' . 2 '3'2 * ■ ' ' •*\ 261120 ' '. ' ' 199 Now OF ARBITRATIONS OF EXCHANGE. Now the ad and 3d Terms multiplied, and divided by the firft in the Order tliey now ftand, will be exprefled as follows : 241 X 261 120 1 . I . /- . -"'' , which gives 42 c Groots. 2x199x375 6 t- J Now the Difference between 34^. 5 Gts. I and 425 Gts.is 1 1 | Gts. therefore I it Gt s. 23 8 3+/. jiGts ■X 100 = -r—- X 1 00 = 2 — nearly. 827 10 ■' By the Double Rule of three d. M. (t. Groots. Mar A9\- 4 375 240 121 ■- 2 272 199 243 4 2 You may now exprefs the laft three Terms divided by the firll: two, thusj 240 X 243x272x4 J 99 >< 375 ^ 2 425. as before. Second Example. A. of Amjlcrdam remits to B. of Dnntzick, at 276 Grofs of Poland, for one Livrc of Grofs, the which B. remits on Hamburgh at 1 15^ Grofs fox 48 Sliillings Lubs ; if Hamburgh remits what it amounts to, to /I, at 33tV Stivres per Daalder of two Marks Lubs : it is demanded how much per Cent. A. has gained or lofl, omitting the Charges, Solution by the Tables A, gives 115;- N". fixed 2510 9625 9587 A. receives 4. 276 is 138 788^ 33tV 1699 9587 39 or rV pft" Cent. By the Rule of Three i Grofs Shillings Lubs Grofs if II 5 1- 48 276 will give 1 1 4|i , tlieii Shil. Lubs Sti. of A/nJierd, S. Lubs If 32 33tV II4lr This ordered according to the foregoing Example will produce irSj^- Stivers, whicii taken from the 120 Stivers firft given, there remains iVt Stivers, there- fore S. S. S. as 120 It'c 100 to 44, the Loisper Cent. By the Double Rule of Three. (irofs S. L. Grofs Stivers of Amjlerd. S. L. 115: 32 276 33,\ 48 _ The fractional Terms being reduced into improper I'Vaftions, as thefe in the firll Example, the Operation then will be entirely limilar to the laft in the faid Example, and gives 1 1 8 ,', Stivers, as before. 6 M Third 50 1 ' i r}' »« ml I 1 1 W4I ;i?'^11 I ^i 502 OF ARBITRATIONS OF EXCHANGE. Third Example. Two Perform A. and B. at P^w, have Occafion for Money at CadU; A. re- mits direftly, and gives i8 Livrcs 3 Sols per Spanijh Piftolc ; B. chufes the Way oi Holhiml, and orders to be remitted him from Amjleniti'ii at 121^ Groots for a Ducat of 375 Maravedis ; Amjlerdam reckons \. per Cent. Charges, and draws for his Rcimburfcment at the Rate of 56^ (J roots per Vrencb down of 60 Sols ; it is demanded which of the two Methods proved moft advantageous. Anfwer -, his who remitted direiilly. Operation hy the Tables. ^. gave 561- 3990 :J- of 36 bols is 90 J- 6067 10057 B. give 121-i^ Groots 7326 -; per Cent. 22 Fixed Number 2876 10224 10057 Seek In Number VI. 167 ; \ per Cent. Otherwife, By rpfledting on the Nature of the Queftion, it appears, that what AmficnLm rr^koiis for Charges may be confidered to increafe the Number of Sols fo much more than B. would otherwife have paid for the 375 Maravedis ; therefore iirft fay, if 100 1 60, or if 10 i 6, or if 5 -.V 3 '™'l give -,' , which U. mufl: pay at Amjlerdam for his Charges for every 60 Sols in the N'alue of the 375 Maravedis. But inllead of finding the Sols B. niuft pay, excluding the Charges, and then computing the Charges, and adding them to the Sols Lift found for fi's whole Payment, you may by Parity of Reafoii liiy, Groots Sols Groots for a Ducat. As 56;- ■ - 1 2 1 I to 129 * ' Sols paid by /}. Laftly, to compare whether A. or B. lias fucccedcd bed, I'ly, yT. s. the Maravedis in a Piilole Sols If 18—3 loSo i29t J will give 387 Maravedis, wiiich B. would have got inftcad of 375, had he changed as A.&^\ therefore it is manifcft, that in receiving only 375 he had Icfs than A. for the l.in'.o Sum of Biiris Money by 14 Maravedis ; and to make a Calculate />cr Cent, it will Mar. Mar. be as 375 to 14 100 to 3, ?, the Anfwer. Fourth Example. A Merchant of ITamhmjh ordcrrs us to draw for hi;^ Account on Dantzick, at 270 Grolsof I't/iind ior 1 Livre de Giofs, and to remit the Amount on LondoaiX 35 Schillings y)(r Pound Sterling, or at otlier Rates' which may je more advan- tagtoiii; for liim, provided he can draw on Dantzick at 261 Cirof. of i'ohwd ; I' is demanded at how mucii he ou^ht to remit to follow tlie laft Order ? Anfwer, at 36 Schillings 2I Grool-^. > '•!'.. i ♦ Ss/ulim OF ARBITRATIONS OF EXHCHANGE. 503 Solution by the Tables. Take the Half of the Grofs of Poland according to the Order, and the Ex- change will be 135 and i^ot OrdcrJ'3S 7793 \ 35 Schil. 2721 13c 10514 ^7645 2869 this muft be fought for in the Table for London ; and the Schillings and Groots of Grofs, which correfpond with this Number will be found to be 36 Schillings 2t Groots. By the Rule of Three In this Queflion it is obvious that as the Grofs of Poland given for a Livre de Grofs decrcafe, the Schillings given for a Pound Sterling muft proportionably in- crcafe, to follow the Condition of tlie laft Order ; hence the Queftion is an in- verted one in the Rule of Three, and thus ftated. ^M Grofs of Poland If 270 Schillin js ■35 Grofs of Poland 261, wherefore - ■ -■ ^ ' gives 36 Schillings, and the Remainder multiplied by 1 2 for Groots, and the next by 2, for half Gioots, at each Time dividing by 261, brings out 2t Groots nearly. Fifth Example. There is an Order to yf. of Amjlerdam to draw on Paris at 53I. Groots per Crown, and remit on London wl 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 56 ^ and remit at 34 Schillings j-^ Groots ; it is demanded whether he can comply with this Commilfion, and how much this differs ^tr Cent. Aii~ i\ver, our Conefpondeat receives more than he firft ordered about 3 per Cent. Solution by the Tables. 34 Schil. 1 Groot 2606 56 ^- Pence 399° S. Groots 34 7t 2675 53 t 3793 A. receives by the Exchange 6196 and by the Order 6468 6468 will find about "^per Cent. 128 feek in the Table of Profit, and you G roofs As 53 = •3+ By the Rule of Three. Groot Groots Sch. -56^ to 35 Groots 8 the Rate at wliichy/. might remit per Pound Sterling to London, when he drew on Paris at 56; Groots per French Crown; hut he only remitted at 34J. 7^- Gts. therefore in remitting this laft Sum he gained i Scliil. | Grt. the Difference between 35 bchil. 8 Gts. and 34 Schil. 7^ Grts. and to find what that comes to per Cent, fay, . . Sch. Grts. Grts. Grts. 1^34 7^ I2| lOO will bring out the Anfwcr. » Sixth .I'l' I, J , £04 OF ARBITRATIONS Ol- l-.X C II AN G K Sixth E X A M P L E. There is an Order to draw on Frankfort loo Rixdollars cufcnt Mono v of ..;,..... JierdamioT izSV Rixdollars of F/v/^/X'/ir/, and to remit on i,W(^«at?5; Siliillii|,„ Bank Monty per Found Sterling, on Condition tli.it the .7;w ihall he ^/'..-C i'. If aftsf this our Correfpondent writes to us, to omit executin,:? his Order, if nvi already done, unlefs he receive zpcr Cent, more from LomLn 'haii he had orders! ■. If they can only draw on Frankfort at 135 Rixdollars that Money for ico Kix. AoWvLXS oi ylmjlerdani, it is demanded, at how many Schillings tlie Remits niuil be made to follow the lait Order ? Anfwcr, 34 Schillings 4:- Groots. Solution hy the tables. 128; 7586 5 per C. 212 35 Schil. 2721 >35 77') i 2 per C. 86 101:19 7879 7^7') 2640 This Number feck in thi> Tabic il>r Lc>hkn, and y I'Oli W;, find 34 Schillings 4f Groots correfpond thereto For a different Solution, it is caly to conceive that when the y/w is hi Ji i';; lefs Frankfort Money is given for current Money of ^luijlerdtim, the Excli.uii:: ln;- ing by Banco Money, confequently the lefs Banco Money mull be reniittcii lo X A A ' flic AnKvrv ioA'76 Nov , 35X Seventh Example. T. of Berlin remits for his proper Account to V. of Amjhrdam, a certain Suinol Rank Money, at 133 Rixdollars for 100 Rixdollars Bank Money of y///'/'''"'"- ordering him to remit the nett Produce to A. of Genoa ; XJ. effeds it at 96 (Jivots per Dollar of 5 Genoefe Livres. A. on his Part remits this to B. who lives at 'Tur.r., at 1 28 Sols of Piedmont for one Crown of Genoefe Money of 7 \ Livres, who taUi Bills on Geneva at 84 ^iedmont Sols for one Crown current of Geneva, anJ a- mits them to C. who in his Turn remits the Amount on Fra-:kfort to D. at 1 ;3 Rixdollars of Frankfort for 100 Crowns current of Geneva, \\\iO finally takes ]iill> at 1 32 Batz Money of Frankfort for one Pound Sterling, i Rixdollar at l-nviil-^t makes 2 2 i- Batz, the which he remits toT. himfeif: If the five CommilHoiws 2 namely ney of ..'•,•.■.. ; Sjc•|lillill.;^ 'rtlcr, it'iivi '.;id ordcrci!; ir ICO Riv. Remits muil r.ui.! you w :!1 h is l-ii.jh i\: Exdi:.]v;-: Lo- be remitted to ;ct zp-r C.v.'. it'iJcr the /hit 13;inco MoiKy find the Bjiik 1. Fr.wL -^5^ will give le ilcniittaiicc 11 m fo;i;'^t. ktltWCT. Iccrtain Stimot of ylm/hrJiit':, jit at 96 Giwit- livci at fur:;:, iTCs, whotaUi hicui, mi rc- 1/ to D. at 1 ;o laliy takes Hill. Iir at /■>,;.'.'■:/ ^ (."onmiillioiius, namely OF ARBITRATIONS OF EXHCHANGli. n.inicly, U. A. B. C. and D. deduft each -, per Cent, for their Provifion ; it is demanded at what Rate the Exchange muft be between Bcr/in and London fo that f. gains 3 per Cent. Anfwer, 6Vt Rixdollars per Pound Sterling. 505 Solution by the Tables. '33 7728 96 6312 8+ 5732 132 7695 ^perC. 128 5 Provifions at \.pe, • C. each 73 27668 23382 128 130 Numb. 7561 7628 fixed 8193 23382 4286 This fought in Table I. there will be found 60 rV. wherefore takcT^ and it (hall be your Anfwer, 6^^ Rixdollars. Otierwi/e. The general Metb'^d for fuch extenfive Queftions is as follows : The Invefti- gation whereof I (hall clearly (hew before I conclude this Subjeift. I Pound Sterling at London 22 'tr Batz Money of Fnmkfott 100 Rixdol. Money oi Frankfort 130 Rixdol. Money of Fr<7«-4/cr/ 100 Crowns current of Geneva I Crown cufrent of Geneva 100 Sols of Piedmont ^ fi^ Sols of Piedmont 1 Crown at Genoa li Sols at Genoa 100 Livres at Genoa 5 Livres at Genoa 100 G roots Banco oi Amjierdam 100 Crowns B&nco oi Amjierdam too Crowns Banco oi Amjierdam how much - 1 32 Batz Money oi Frankfort. = 1 RLxdol. Money of Frankfort. = 99y Rixdol. Mon. the Provifion deducted. = /0fi Crowns current of Geneva = 99 J. Crowns current at Geneva, the Provi- fion dedudled. = 21 y Sols oi Piedmont at Turin. = 99^ S. oi Piedmont, the Provifion deducted. = 1 Crown of Genoa. = I ^2 Sols oi Genoa. .....,,. . ^ = I Livre at Genoa. =■ 99* Livres at Genoa, the Provifion dedudled. = 3 ij^ G roots Banco oi Amjierdam. = I Crown of Amjierdam. = 99I Crowns Banco of Amjierdam, the Pro- vifion dedudled. = 133 Rixdol. oi Brandenburg/: at Berlin. = I Pound Sterling at Z/flW««. ^v--'. •.- . ■ % -M 6 N !' •> ,w n \hn ;c6 OF ARBITRATIONS OF EXCHANGE. ^ 23| »3 66 226}- 292^. 2 5 2925 100 292500 100 29250000 100 2925000000 100 292500000000 100 2925000C000000 100 292500Q000000000 100 292500000000000000 21 7 9)i47( 16 9 57 54 3 "I 9)1056(11; 9 9 66 ^'3 '3J 99; "97 1197 44V '3255; 39767 99; 357903 3579°? '32551 '5^5 5; 3963441; ^52 7926883 19827220 3963444 5°r 602. 4435 3»r 99't 542/991842 S421991H42 20081451:' 20081451:^ bit 60043539353; 21 60043539353 120087076^06 16;. 1 26091 4326429T 9)'' 11348228937861 ) 1348228937S61 420304775476; 420304775476; 3r i2567U2736745t; 25t3422;c7349i2 377°' 33836023^8 J 25671 127867450 117'r 165885888785C4309; To be carried over. OF ARBITRATIONS OF EXCHANGE. Brought over. 16588588878504309! 99l 14929729990653878 1 1492972999065 3878 1 5529-29626168103 5529529626168103 33I 292coooooooooooooo)i6533|?,9358224262830y (Sts'-j Rixdol. of I14625I Brandenburgh for 190829358224262830^ I Pound Sterling 100 at London. 1 90829I35822426283022I '755° ",. »S329 '• 14625 704 But to know how many RixdoUars muft be remitted /t-r Pound Sterling to T. fo that he may gain 3 per Cent, fay by the Rule of Three Direft. If 100 ^Tr^\ 103 IG7 A 618 ijoo)66(95 515 661-:. i1oo)5i8i;^(5tV-„- RixdoUars of 100 Brandenburgh per 8.|95 'Eighth Example. Pound Sterling. C. of Genoa remits for his own Account to D. of Venice, a certain Sum at 104 Marchetti for 4 Livres of Gw/w, ordering him to remit the nett Produce to E. at Florence; D. effects it at j^ Crowns d'Or of hiorence for 100 Ducats of Venice. E. takes Bills on Leghorn at 119 Sols for 6 Livres di Florence, which he remits toF. who takes others owNovi, at 175 Dollars for 100 Crowns de Marc oi Noii, who remits them to G. who in his Turn remits them to H. of Milan at 180 Sold. Imp. for a Crown de Marc, who makes a Remifs at Amjlerdam to /. of 52 Sols oi Milan, whereof 140 are worth 106 Soldi Imp. for a Guilder of Amjleniam, who finally takes Bills on London at 34 Sch. per Pound Sterling, whicli he remits to C. himfelf, for whofe Account all thel'e Negociations were made. If fix of the Correfpondcnts dedudt each t per Cent, for Charges, it is demanded at what Price the Exchange was between Genoa and London, if C. finds that the Money he has been in Dilburfe for 6 Months has brought him in an Intereft after the Rate of 8 per Cent, per Annum. Anfwer, 55tV^<'' Sterling /)?r Dollar of 5 Livres. Solution 507 I'jt I'U M I I ' 'M:J I ;fe I' ," i",'i H »' II i j 1 1 ,'l f t i J i ■ 11 ! 508 OK ARBITRATIONS OF EXCHANGE. Solution by the Tables. ."•of 175 is 8 7t 5909 52 3649 34 Fixed Number 6 Provifions at \ per Cent, each /^per Cent.giin 1804 9549 i3ot 170 21211I 1 14 6659 75 5240 no 7244 t of 180 is 90 6031 25'74 212Ilt Operation for the Exa£i fa/ue. 3962 ^ which anfwers t" 5Stv:. 1 Dollar of G^»aj ^ Genoefe Livres 124 Marchetti Banco of Venict ipfi Ducats Banco oi Fenice 100 Ducats Banco of ^f«/« I Crown d'Or of Florence I dfi Livres oi Florence ; ^.^ Livres of Florence 2. //p ordinary Soh of Leghorn 1 00 Leghorn Dollars ^.ti/i Leghorn Dollars 100 Crowns dc Marc of Nov! I Crown de Marc of Novi 106 Soldi Imp, of Milan 100 Sols current of Milan g^ Sols current of Milan j.fi. common Stivers Banco of Amji. 100 Stiy. de Cirofs Banco of ylmjl. 34 Stiv. de Grofs Banco of jimJL how much for 5 Livres Genoefe i.jffi^ Marchetti Banco of Fenice. I Ducat Banco of Fenice, 99f Ducats Banco of Fenice, the Pro- vifion deduced g.j/i Crowns d' Or of Florence. 7t Livres of Florence. 99t Livres of Florence, the Proviiion deducted. 1 19 ordinary Sols of Leghorn. I Leghorn Dollar 99t Leghorn Dollars, the Proviiion dedudted. igfi Crowns dc Marc at Novi. 99t Crowns de Marc, the Proviiion dedudled. Z-i^p Soldi Inif or Sols of Excliange of Milan. i4fi Sols current of Milan. 99tSols current of M/7rf«. ^fs common Stivers Banco of An- Jierdam, 1 Stiver de Grofs Banco of Amjler- dam. 99i- Stivers dc Grofs Banco of Am- Jierdam. b.i^fsd. Sterling of London. I <^enoa Dollar. v) ^r- 1^1 124 2 248 io6 1488 2480 26288 34 105152 78864 OF ARBITRATIONS OF EXCHANGE. 99 3 893792000000000 99 3 16)297(18 16 128 21 32)H7(4 128 -•9 5+ 5 64)270(4 256 H 8)297(37 57 I 119 5 •6)595(37 1!. 115 112 :5 . 6 O 1. 991- 5373 298; 5940 «i 99 r 534609 5346^9 29700^ 49i 5910449^ 9p; 53194041 53194041 2955224; 24i 588089700}. 99i 5292807300 5292807300 294044850TV 37; 58514925187,'^ "9 526634326683 58514925187 585 14925 i8737.rV 6963276097290-rV 99t 626694848756 I Q 62669484875610 348 1 638048645 /^ lK\ 692845971680373*4. n 4849921801762611 34542298584O186I. 4« 9 Ti- X I TV- S' 96344787602802*^ To be carried over. 509 Oj I ; '\ ^ 5«o OF ARBITRATIONS O? EXCHANGE. Brought over. 5196344787632801:.:. •: I 10392689575205604:: 1 519634478760:8024 4." '• 5I963447S76J.TS024::. 693^92,000000000)51963447,876028024; tfjS; '^ 4468960 Sterling tori (jcmubuWi!. 7273*^47 7150336 123511.87 3413261 2681376 ought to I 73'885 After having found the Exclnnge, which is here between London and lun:: t,^^';\d. Sterling for a Dollar, it mtift be leen how much /)£T Cent, ouglittoi. j;ained by the Kxthange, which the Example tell'-, us i'^ S per Cent, pee We lee, befides this, that C. has been in Ui(hurfe 6 Months ; lb it worked by the dircft Rule of Tiirce, and f.iy, If 12 Months gain 8, how much lliall 6 gain ? 2 4 The Anfwer will be 4, that is to fay /^ per Cent. Afterwards there is to be obfcrved what has been faid before of the certain and uncertain Price, and cf the direions relative to Arbitrations. And firrt, I ihall deduce the Rule for ftating thcni from the fecond Example of the Double Rule of Three preceding the Tables, where the firll Term i-> hxcd ; the fecond (hewing what ditfeient Money was given for it j' the third, how mueli of the fame Specie as the fecond is given foi the fourjh j then what (Quantity of the Specie of the fourth, for a fifth Term given, which is of the fame Name as the fi, -ft Term. Now as all fuch Qucftions, exceeding five given Numbers, may ac- cording to that Excefi be called C)ueftions of the Treble, (Quadruple, Quintuple, Gfi. Rule of Three, for whofe Stating I derive the Rule from the foregoing i<,c- mark, which will be exadlly f.milar or agreeable to it; only I Ihall, for brevity ";! Sake call the firft Term, the firft Antecedent ; the fecond 'I'erm, the firll Conie- quciit ; the third Term, the fecond Antecedent ; the fourth Term the fecond Confequent, ©•. and now exprefs the Rule. The firft Antecedent muft be a fixed Exchange, and of the fame Denomination with the laft Confcqucntj the fecond Antecedent muft be of the fame Name as the firft Confequent j the third Antecedent of the fame Specie as the fecond Con- iequent, and fo on, always making the Antecedents of the fime Name or Specie as their preceding Conlcqucnt, which you cannot but do if you follow the Con- ditions of a given Queftion, and if you have fo done you will find your laft Term of the fame Sjiccie with the firft, and then the Demand or Anfwer will be of the fi\me Name as the laft Confequent but one: if you find your Work ftand other- wife, moft likely you have milhkcn the firft Term. The '^\icltion being thus prepared, it is plain that the Sum of the Antecedents muft be regarded as equal to the Sum of their Confequents, as each Antecedent is fuppofed equal to its re- fpedtive Confequent; therefore their Products muft be accordingly fo; for In- ftance, if 5 = 2 more 3, and 6 more 4 = 10, and 7 more 5 = 8 more 4 then 5 X by both 6 and 4, x by both 7 and 5 = 600 = 10 x by botli 2 and 3, by both 8 and 4 ; but as one of the Antecedents in every Queftion is unknown, whilft all the Con- fequents are otherwife, we have an unknown, though fuppofed. Quantity multi- plied by the known Antecedents, = to the Produdt of the Confequents, therefore the unknown Quantity, or Anfsver, is found by dividing the Produdt of the Con- fequents, multiplied by one another, by that of the Antecedents, multiplied in the fune Manner. For Example ; fuppofe the Cafe were, what unknown Quantity X by 5q would be equal to 472, then I lay 472 divided by 59 gives the fbughf Quantity, viz. 8. Now in order to contradt the Work, it is plain that it is the fame thing whether you divide a Produdt, which had divers Multiplicators, or you divide one of the Multiplicators, which will admit it, by t/jat Number, and then multiply (2x^x12 12 \ Inftance — -■ — = 1 2 = -r-x 2x3) It is likcwife evident, that if any two Numbers be divided by the fame Number, their Quotients will be in the fame Proportion as the Numbers were. Inftance 12 divided by 4 is 3, and 20 di- vided by 4 is 5 ; wherefore as 3 is to 5, fo.is 12 to 20 ; which was to be fhewn. Hence 't follows, that, if when a Queftion Is ftated you can divide any Antecedent and Co fequent, though they arc not Oppofites, by the fame Number, the Equa- lity is ftill kept up j and thus you muft continue to do, till you can find no Ante- cedent and Confequent commenfurable by the lam ■; Number, then ordering this laft Equation as above diredtcd, you will have the Solution j and noh; that the Lift Con- fequent, to which the Anfwer is fought, is fubjedt to the Divifion as the reft; foi the Produdt of the laft, multiplied by the other Confequents, is ftill the fame, whethcT the laft or any other is divided by the fame Num'^iT; this may befeen by the laft Inftance but one, if you call 1 2 the laft Coniequcuv ; and from what has been faid, I infer, that every Antecedent after the firft muft be of the lame Denomination, as 3 ue'.l h ^ "( ch I Jil '■,.' I ^U I '.11 I ■■ ii I: -r m ■':V^Miil| t M ' i '1 ||1 I 511 OF ARBITRATIONS OK F XC II ANfJ K. Will iis the l!iinc Spocic, as its pracdiii}; Coiiffiiuriif ; and thit it any Ant.wJont or Coiidiiiicnt toiilirts <«rtlirtcrciit Denominations, yttii uu\[\, to rctiin tlu- Ivvu. lity, tiflicr iciiucc both thcni and their rc(JK(flivc Cofilajticnts and Antcinlciui iiiio the r.inic L)ttiiiinin;\ti(in. or otherwifc make the lower Dcnoinination .111 .i!i. «|ii()t I'art or IV: tj nt' the hij;hi'r, at 1/. ^r. Stcrhiig would he 3,'^ .iiid t'loii tlic mhers reniain unaltered ; atui nott-, that in the tecond given lixump/c, wlicrt- ilie Anteciilentii ami Conleqiients.are rtratt:hcd, tluy h.ive hccn divided, and the Om^ tients lland towards the left, fejurated by a point, :/>nt, 4. ijif ; and wl.athjj been here laid in Kegard to the (^lelUons of Money. lioKls go-.d .diii Tor limit concernini{ Weijjhlb ami Meariucs, which may be wioii^jlit c.uitly hy the lofc. going Rules. ExaMplk. If loolb. at Lm/on be equal to io61b. at Lyjns, and jolb. at Lj7ns are wjrth 321b. at Paris, and 1131b. at Fans, made <;olb. at Fnifikfort, and 1 :1b. at t'rimkfnrt arc given for i8lb. M ffrmr, and ijjlb. nX J\nue are the W.luj of 971b. at Cadiz ; then how many lb. at Cadiz arc equal to 6olb. at LonJon .' Aii- fwer 51 ,', Being ftatcd and contraiflcd according to the preceding Rules, the Work will i\and thus. /«* lb. at London • 5. je lb. at Lyons = 1 13 lb. at Paris ■ I. 4, ft lb. at Frankfort- 19. >ii lb. at reiiice - how many lb. at Cadiz « 106 lb. at Lyons. /.//lb. at Paris. 3.90 lb. at Frankfort. 3.ri|lb. at Fcnicc. 97 al Cadiz, then 6« at London. 5 565 5085 565 '0735 Divifor i( '3 92538 6 555228 Dividend ^0735)555228(51.7 Anfwcr. 18478 '0735 77430 75 H5 2285 OF ARBITRATIONS OF EXCHANGF.. If 100 Ells at Amjkidam are equal to 120 Ells at Himburgb, and ^0 Ells at Jhmburgb make 21 ; I!llsat St. Gall, and H6 Ells ;it Si. Gall arc equal td 63 I'.lln at 6V»rtv;, and 15 Ells at 0'<7iav/ arc worth 28 Ells M Duntzick ; .';Jy.'v, How nuiiy Ells at Diintzick arc equal to 45 Ells at AmJiLilimf Anl'wcr 50, V 5'3 ^. /p* Ells at AmJIerdam Zt Ells at Hamburgh 43. M Ells at 5/. Call >t Ell'i at Geneva How many Ells at Dantzick 43 5 2. f. //^ Ells at Uamburgbi 21 r Ells at .9/. Gd//, 3. ^iiElls at Genna. 28 Ells at Damzick. 3. // Ells at Amjltrdanu 2 215 43 3 129 28 10^2 !£!_ 3612 3 215)10836(50,4 Anfwer. 860 860 With the preceding, I finiHi the Examples of Arbitrations, having therein given an Inftance of every Cafe that can happen in this curious Branch of Arith- metick, fo that any Addition would be Uiperiluous, and unneceiTarily encroach on my Reader's Time, without adding any thing to his Inftrudtion j which I be- lieve he will find more truly promoted in this Hiort TraA, than he would by confulting the many Volumes publifhed on the Subjeft j as he has here the Rea-- fons for all the Operations propofed, added to the Solutions, which other Au« thors have contented themfelves with giving alone. I have only one Remark to add to this Chapter, which is, that thofe who are well fkilled in this BuHnefs generally agree to fupport their Correfpondent's Commiflion free on all Sides ; wherefore, when it is confldered what Opportu- nities the Merchant, or Remitter of general Credit and Correfpondence has, the Benefits, by a judicious Combination, or Comparifon of the Exchange throughout Europe, are far more confiderable than moft People imagine. Thofc, who arc fhrewd Exchangers themfelves, generally make Choice for thefe Negociations of Correfpondents not lefs fo ; and then they are certain of the Profits they have in View, for they know that their Orders will lie by unexecuted till the advantageous Crifis arrives. 6 P Concerning ..!■• )f,!i ^M> mM m l »fi,. ikk 5'4 OF BANKRUPTS. U'' Concerning Bankruptcy, Felix quern faciunt aUcna perkula cautum T UK preceding Chapters contain the whole Theojy and Praftice of Com- merce ; and I hope I have been fo plain and explicit in them as to render myfclf intelligible, and to anfwer my Delign of conveying Inftrudtion to thofe who have given themfelves the Trouble of fceking it in this Work, I have now gone tlirough every Branch of Commerce, and purpofely refervcd this Cataftrophe of an imprudent or miftuken ConJudl to the laft, as thepropereft Place for it. And I could wifli that the Misfortunes, confequent to an ill judged and indifcrect Courfe or Management, did not render this additional Chapter ncccfTary for the Guidanceof thofe who have unhappily incurred the Want of it, through the gloomy Vale of Trouble : For could Trade be always Civrricdon with that Credit which is necefTary to fupport it, and with that Succefs which every one hopes for, by adventuring in it, it would be the moft pleafant as well as the rnofl beneficial Employ that any could undertake ; but as we are all fubjed to tlie uncertain fluctuating State of Humanity; our Serenity will fometimes be in- terrupted, and our Calms and Sunfhine be obfcured and ruffled by the Clouds and Tempefts of Adverfity, as well in this as in all other Walks of Life, and the fmootn Paths of Bufmefs will often become rugged and ftrewed with thorny Troubles, to the utter Change of the pleafing Scene, by introducing inevitable LofTes and Misfortunes, inflead of the Advantages we flattered ourielves widi the Hopes of reaping from our commercial Engagements. Thus the beft-laid Scheme may be overfet by fome intervening Occurrence, for a trifling Accident frequently demonftrates the W . -.knefs of our Judgement, and the Shallowncfs of our Defigns} though whilft we fubmit our Adtions to the Dircdlions of Pru- dence, and fufFer cjr Steps to be guided by her, we may juftly be faid to ad like reafonable Men; and however Providence, for our Punifliment, maydil- pofe otherwife, we certainly take the beft and likelieft Method of fccuring to ourfelves that Succefs and Profpcrity which we are foUiciting : and in Order to guard againft their Reverfe, permit me to intrude fo long on your Patience as to expatiate a little on the Subjcdl of Bankruptcy, and to fliew you the Caul'^s which naturally drive Men to fplit on that Rock, where fo many Thoufands liave been wrecked, reminding you of my Motto, where you will fee the great Poet from whom I have taken it, pronounced that Man happy who has been made wife by the Misfortunes of others. Mr. Savary fays, in his Parfait Negociant, that the Failures of McrthanU oftener proceed from Ignorance, Imprudence, and Ambition, tlian from Mdict and Dejign ; aud I am entirely of his Opinion, more efpecially in this Kingdom : For, whoever refledts on the Confequences of Fraud and Deceit under a Statute pf Bankruptcy here, I fhould think would avoid it with the utmod Care; aslic not only expofes himfelf to the Penal Laws, but can never cxpedt to be cleared by his Creditors, though he fliould not be convidled under the former, and confequently is rendered incapable of" making any Thing his own for the fu- ture. But as I hope none of my Readers are of this Number, I (liall dircil my Advice to thofe on whom I am in Hopes it may prevail, and endeavour to guide them from run; " '^ on the aforementioned Shoals, by perfuading tlicintoaim at the Diflipation oi" the Fogs of Ignorance by tlie Sunihine of Learning j tocor- redl Imprudence, and to banifh Fain-Glory or Ambition. The firllniay bedone by a ftridt Application to Bufinefs, whilft under the Tuition of a Merchant in an Apprenticefliip j or if this has been negledled, and my Reader comes into Trade without fuch ufual Form and Inftrudtion, I lK)pe this Work will lup- ply the Deficiency, not only by teaching every one how to adl in ths Branch ot Commerce he has eledted, but by difplaying to him a general Trade, that he may have all the V^ariety poflible to chufe out of: Sound Judgement and comni'iri iciile OF BANKRUPTS. Senfe duly applied, will be too liard for Imprudence; znA Ain/'it'n)i, I (liould think, would be checked by difplaying the fatal Confequenccs ot' it ; and thus a Failure proceeding from all or any of the above-mentioned Caufcs may be prevented ; th ju^h dill there remains one, from which no Forefight or Care can defend us, I mean the immediate Difpofitions of Providence; whereas the above are but fecoiidary, to which %Ne ought chcarfully to fubmit with a perfeft Refignation, and never murmur nor repine at any of his Difjicnfations, in a full Aflurance that he will afford Support and Comfori under the AfBidtion, to every one who fuio^rely trufts in him, and, when he fees convenient, will give a happy Rcleafe from it. It is true thefe arc hard Leifons to Mankind, and rendered more irkfome by the barbarous Treatment the Unhappy too commonly meet with ; for though it is natural to iinaginc, that a Man who has been truly honeft in all his Dealings, and edeemed for his Integrity, (hould on a Reverfe of Fortune meet with that Pity and kind Ufage he has ih^wn to others under fimilar DiltrefTes ; yet Ex- perience convinces us that this is rarely the Cafe ; on the contrary, it is generally found that though Friends may feem many and (launch in the time of profperi- ty, yet on a Change of Circumftances they will drop off like blafted Fruit, quite forgetful of F"avours ihewn to and KindnclTes done them, and at the Time you become Bankrupt in your Fortune, you will certainly find them fo in AfFedion and Returns of Gratitude : Flavours feem no longer regarded than while you are in a Capacity to continue them, and Obligations are thrufl among the Number of the Non-entities, or at leall are become fuch unfalhionablc Things, as only to be owned by the Confcientious and Benevolent. Ads of Beneficence are not to be expeded from Creditors, whofe LofTes gene- rally four their Tempers, and keep their Refentments warm againft the unhappy Occafion of them, even to the Extindion fometimes of Humanity. But one fliould think that tlie Lamentations of a fallen Familiar and Intimate, frequently heightened by the Tears of a tender Wife, and affeding Cries of their innocent Children, would be prevailing Objeds to excite Compaflion from thofe who have always experienced a courteous and gentle Treatment from the unhappy Sufferers j but Philanthrophy is almoft loft among us, and Mankind are grown fo degenerate, as to become infenfible to the Diftreifes of others ; the unfortu- nate Man is now equally ihunned with the infeded one, and the beft Ulage he finds Is Coldncfs and Rcferve from almoft every individual of his Acquaintance, whiift the worft is fwelled to an immoderate Height by the Infults offered him ; Contumelies and Reproaches are thrown out againil him j and Abufes, Invec- tives and unmerited Afperfions are frequently added to complete the Catalogue, and augment his Miferies ; few regard him, fewer ftill carefs him, and the Pau- city of thofe who protedt or alfift him, is reduced to the loweft Degree of Compa- rifon. This is generally the Cafe with thofe whom Fortune has prollrated and laid low J though there is ftill a fmall Remnant of Men among us, who arc aduated by every tender Sentiment of Humanity, and, as Opportunities offer, cxercifc every focial Virtue ; whofe C^ompaflion at leaft is extended to all afflided Ob- jeds, and their Charity ftretched to the utmoft Limits that Prudence and Dif- tretion can warrant ; tliey remain uninfiuenced by the Example of their Neigh- bours, and continue fixed and immoveable in the Principles of Goodnefs and Be- nevolence j but thefe Guardian Angels are fcarce, and even when found can, at beft, only alleviate, and in fome Degree mitigate and take off the (harp Edge of AftUdion, but they cannot reftore loft Credit and Reputation ; this is only to be done by the Man himfelf, and the fole means is tiie making all the Satisfac- tion to his Creditors that his Abilities will permit, either at j>refent or in fu- ture-, till his whole Debts are difcharged ; for fo long as any Part of thefe re- main unpaid, that Obligation fubfifts. ''^his Leffon, Honcftyand a juft Re- flcttion on Things will teach men ; and as the Miferies fublequent to, and at- tcndai\t on a Failure, are cxtenfive, it is natural to fuppofe the bare Defcriptiou will render every other Perfuafivc fuperfluous, for avoiding the Caufes of fuch great Unhappinefsi therefore, I Hiall conclude this Introdudion with my beft and fiiicereft Wilhes, that none of my Readers may ever experience it. In- adding one to the Number of the Unfortunate. I The 5'5 !1 ii'g'i I; \ i "I y\ .ill*! i \\ \ P iff' II 5«6 Of Banlf ruptcy in tiElk.C. 7. 2i7«. I.e. 11 >f. I.e. 19 S. 15. 5 G,o II. C. 30 I. 39. OF BANKRUPTCY. The Dedvatiop. of the Word Bankrupt I have given under that of Aw/v, j|,.j Bankers; and though, according to our Laws fuch Infolvents are gener.illy eftecmed a crafty, fraudulent, deceitful, and extravagant Sort of Ferfons, yet Kxpcrimce evinces the Unjuftnefs of this Alfertion, and that many uiili.ip,ii|y fall into this Dilemma through the Radnefs of Trade, or fomc inevitable .-\ai. dent, without bringing it on theinfelves cither by Extravagance or Knaverv. The Laws of Bankruptcy in lingland arc therefore juAly confidered as Laws cal- culated for the Benefit of Trade, and founded on the Principles of Huniaiuty as well as Jufticej and to that End, they confer fomc Privileges not only on the Creditors, but alfo on the Bankrupt himfelf. On the Creditors, by compelling the Bankrupt to give up all his Effedls to their Ufe, without any fraudulent Concealment: On the Bankrupt, by exempting him from the Rigour of Com- mon Law, whereby his Perfon might be contined at the Will of his Creditor, though in Reality he had no EfFeds to fatisfy the Debt: Whereas the Law of Bankrupts, taking into Confideration the fudden and unavoidable Loffes to which Men in Trade are liable, has given them the Liberty of tiieir Pcrlbns, and fome pecuniary Allowances, upon Condition they furrendcr up their whole Eftate to be divided among their Creditors*. But ftill it is cautious of en- couraging Prodigality and Extravagance by thi-. Indulgence to Debtors, ami therefore it allows the Benefit of the Laws of Bankruptcy to none but adual Traders ; fince that fet of Men are, generally fpealiing, the only Perfons lia- ble to accidental Lolfes, and to an Inability of paying their Debts, without anv Fault of their own. I (hall give a Tranfcript of the Afts now in Force, and of the belt Reports and Pleadings I can collect on the Subjeft; and Ihall in the firft Place fliew. What Perfons may, or may not, be Bankrupts. Any Perfon ufing the Trade of Merchandize by Way of Bargaining, in Grofs or Retail, Exchange, Rechangc, Bartery, Cheviiiuice, or other wife, Or, feeking his Trade cr Living by buying and felling, being a natural-bora Subjcdt ; Or, an AiI^l:. — b, lug a Denizen, may become Bankrupts. ^ Bankers, Brokers, and Fadtors, may be Bankrupts. An Inn-keeper as fuch can be no Bankrupt. Nor one vidtualling the Fleet, though he fells the Overplus to Merchants. A mecr buying and felling brings not; a Man witiiin the Statute (for buying and felling of Land will not make a Man liable to be a Bankrupt) but it is intend- Skinntr, J76. 291. 3. Mod. 327 328. . . - . * - I shnc. 96, cd of fuch who gain tlie greateft Part ol' their Living both by buying and fel 268. 1 iv ■■ ^ - . — _ .. . ... . _ 309. Mich. 1 M'.andM. in B.R. The Cafe of Sir '7hcn:at Li'idii II, Mr. PtipilloH.Si al. I /Vr«. 687. Hn\ni. 375. I 'VjJ. +11 per tliiiihi. Chan, il/ii/'. 17X-. I i«/. 1 10. ling of pcrfonal Effeds. Having a Share in a Ship; being a Farmer, or keep- ing a Boarding-School, makes not a Bankrupt; Buying only, or felling only, makes not a Bankrupt, but buying in England, and felling in Ire/and does. Jo/jn y}//.'hy wan from England in 1720, and refided in Barbadoes till i/jj. where he was a Fadtor and a Planter, and traded to England, by fending GooHs from his Plantation, and receiving Goods back again bought in England, and he difpofed of Goods fent from England in Barbadoes, for Merchants in England as a Fadtor, and being greatly indebted came to England in 1737, and committing an Adt of Bankruptcy, a Commiflion ilFued, and upon a Ciueftion, ivhctkr lit •was -K-itbin the Statutes of Ban'rupts ; upon the Authority of Bird and Scii^- •wick (where a Gentleman of the Temple going to Lijbon, turning T'adtor, tniding to England, and breaking) was adjudged a Bankrupt. • BUkfloiie'i Coinn«nt. Vol. II. P. 47*. Where OF B NKRUPTCY. 51; Where a Man buys and fells under a particular Reftraint, as a CommlTioner i s.i>.Car.^i,<), upon a Debt coutrafted after ; but the Jury found hiin fo upon fuch Debt, and a new Trial was refufed. If a Trader contradls Debts and leaves ofF his Trade, he is flill liable tj be a i W. 411. Bankrupt for thofe Debts, but not fof thofe he ihall contract afterwards. ^ c'io' If a Man whilft a Trader owes a Debt of 1 00/. to A. and leaving off his Trade Ccmb. 463'. borrov.'s another 100/. of the farne pcrfon, arid then pays hirri one of the 100/. without mentioni. g, whether in Satisfa(5Uon of the forn^er or the latter Debt, yet it fhal! be applied to the former, and the Creditor fha.'l never cliarge him with a Commiilion of Bankruptcy for that which remains. Rcfolved /wm v. Carpenter. Lampjiim. A Clothier that buys Wool, and has it mads up into Cloth, or works it into CrumfsZih, Cloth himfelf, may become a Bankrupt ; but a Taylor who makes Garments only, as a Servant to his Cullomers, cannot be a Bank; jpt, thouga a Salefman may. It is held, that a Vintner, Brewer, Baker, Weaver, Dyer, Tanner, Gf^-. may be Bankrupts. Members of Parliament, being Merchants within the Defcription of the Sta- 4 g«. m. c tutes relating to Bankrupts, are made fubjeft to the Bankrupt Laws; but are 3- not liable to Arreft, except in Cafes made Felony by 1 hofe Laws. An aftion of the ^aff* will lie, for faying, of a Merchant, Mercer, Grocer, k^ ,53. Shoemaker, Dyer, Weaver, Corn-Mafter, or Baker in London, a Milliner, or + i'n'- '9 any other Tradefman that gets his Living by Buying and Selling, that he is a Bankrupt4 '. ' ■ tVbat liiakci a Man a Bankrupt , I A, To depart the Realm, or ad. To begin to keep Houfe, or otherwife, 3d, To abfent himfelf. 4th, To take Sanftuary. 5th, To fuffer himfelf wilfully to be arrefted, for any Debt or Thing not grown due, or for a ju(l Confideration. 6th, To fuffer himfelf to be outlawed 7th, To yield himfelf to Prifon ; and 8th, To depart from his Dwelling-houfe to the Intent or Purpofes to defraud «r hinder a juil Creditor or Crcditorb of his or their jul^ Debts or Duty. 6 Q^ 9^^ 1 Ro. Abr. l}E/iz.C. I I 7flf. I c. 's- I' • li ',a I f * f I' : i ■ R !'' fl^H|HMMIi|lc rf S^^B^^MUhM^ Wi 'iinfflii 1 lifln Hi'i l': ■HiJ^^^^H mHlMHt ' ''i .'i ^^9^fflHlii ;! jHHh||||h ,IH| i ! t|H i|i '.11; If nlln!'^ Bl ^^ .^i ki mm III HI' ifjl ■■:. |L;- ll w 1 ^^^9 D|l|.| 1 ■ i' MwfflWBn Wsi 1 \ % % fS^SKi/S^^^ 1 im' ^flK^H^Blr^R^HBi^M :j' m ■^B^H^^HBn'''a ^EjIj ilfc ^^^^^^^^HnHm fl 1 Hj i O^HHR^Iiif'^K 1 nHni^'lw PiliMB'iil^ ji Wf i i |i H n^^n^BflMB' 1 wx |n ^HH Hffl i H'i^^B^U^H Wm 1^ 1 I^HHKiiiiiiir. K; ' iii |: 5»8 •J- i\ fat. I 19. ? i\n. 11. C ji. S. i+ 4 Or.. 1:1. C. 35- bF BANKRUPTCY. 9tli, Willingly or fraudulently to procure hinifelf to be arreHed, or his Goodi, Money, or Chattels, to be attached or fequeftered. I. C. I oth. To make any fraudulent Grant or Conveyance of his Lands, Tenements, Goods or Chattels, to the Intent, or whereby his Creditors may be licu^ted or delayed in the Recovery of their juft Debts. I ith, Being arrefted for Debt, fhall after his Arreft lie in Prifon two Months upon that or any oiher Arreft or Detention for Debt. Thefe to be Lunar Months. 12th, Procuring any Protection ; as that of Foreign AmbalTadors. the Verge of the Court, or any other than that of Privilege of Parliament. 13th, Being arrefted for 100/. or more, of juft Debt or Debts, and efcaping out of Prifon. faJm. 325 14th, If a Man conceals himfelf in his Houfe but a Day or an Hour, to delay or defraud his Creditors, it makes him a Bankrupt. 15th, If a Merchant-Trader indebted keeps in another Man's Houfe, or on Ship-board ; it is adjudged a keeping in his Houfe ; but the withdrawing mud be on Purpofe to defraud Creditors; and if a Man goes fometimes at large ("u as he may be met with one Time or other, it will excufe him. i6t^, Neglcding to make Satisfadtion for any juft Debt to the amount of one hundred Pounds, within two Months after Service of legal Proccfs for fiich Debt, upon any Trader having Privilege of Parliament. 1 7th, Paying or giving Security to a petitioning Creditor whereby he fliall pri- vately have more in the Pound than the other Creditors, conftitutes a frefh Aft of Bankruptcy, fuperfedes the CommifTion obtained by fuch favoured Creditor; and another Creditor by Petition, ftiall have a new Commiflion granted ; and the firft petitioning Creditor ihall be obliged to refund the Sum or Sums he had par- tially received from the Bankrupt, and fliall be excluded from all Benefits whatever under the fecond Commiflion ; his whole Debt being forfeited. 1 8th, Any Alcmber ot Parliament being a Merchant and owing more than 1 00/. to any one Creditor, and not paying, receiving, or compounding with fuch Creditor, or not giving Bond with two lufficient Sureties to be approved by a Judge of the Court in which the Aftionis brought, within t\yo Months after he I Sal lie. has been ferved with a Summons for that Purpofe, fhall be accounted a Bankrupt. If a Man commits a plain Aft of Bankruptcy, as keeping Houfe, ^c. though he after goes abroad, and is a great Dealer, yet that will not purge the firft Aft of /''"onVn fi^ Bankruptcy : but if the Adl was not plain, but doubtful, then going abroad, and fue diredcd. trading, will be an '. idence to explain the Intent of the firft Aift; for ifit wa« 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 olF, or compounds with all his Creditors, he is become a new Man. Lying in Prifon makes a Man a Bankrupt from the firft Arreft, that is from the '" time olTiis firft Arreft, upon which he lies in Prifon, and not where he puts in in futhcient Bail, for that might be infinitely prejudicial and mifchievous, and no •Man would ever fafely piy or receive from a I'radefinan. Ihe laft Refolution is contradicted by that in Smith and Stracy, where it is held by Holt, that if a Defendant renders in Difcharge of his Bail, and lies two Months, he is a Bankrupt i'rom 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 taken out. The lying in Prifon two Lunar Months makes a Man a Bankrupt from the firft :!vlj'nlgfd by Arrel^, and although the Commiflion was taken out before tlic two Months were li^"r,.'!tTi"!i, e>:p'''ed, yet he appearing afterwards to be a Bankrupt by a Relation to a Time Mirb. 5 Qti before the taking out the Commiinon, it was held futficiert. "ici If ^^^^ °^ Bankrupu muft be in fraudem Creditorum, as if a Man be outlawed it Ji:,i/jlr.i i muft he in fraudem Credito'uin. '^y'l'-"- A fraudulent Deed, made long before any other A(fl of Bankruptcy committed, c"r';;lJ«,V.' '''^^•1 "ot l^c deemed an Ad of Bankruptcy. (.■nJo'Ji. If after a Commiiiion is iiTued, the Bankrupt fliould pay, or fatisfy, orfecure, the petitioning Creditor his Debt, fuch, Payment, Satisfaction, or Security (liall .*.J. 109 i'aru V. t.*»V- AiljmlgrJ B R. and tontirmtd Kxh. C. Sit!, 1 10. »iu;i9. //./' V. G.li. tlniigh dar'i ly rc|>ortcd OtfBANKRUPTCY. ^i| fljall be an A(fl of Bankruptcy, and the firft Commiflion Ihall be fupcrfeded, t c«. ir, C; and a new one granted. Vt'jiu'hC To prefer a Bill or Petition to the King-, or any Of his Courts, to compel the 19 s. i. Creditors to compound, or give further Time, is an A& of Bankruptcy. "f Biif'^ii* In Rc^a to the Attachments and Sequeftrations, they muft be of the Party 'Snot now "^e immediate procuring, and not by Iiis mere Drfauli or Laches to make him a and therefor* Bankrupt within the Stat, i J!!:!> ■M ■,!^ ■■M 'Sh * • !!,!; >• ' «' : siHiJ I?* Bt 'II * ^ii-.-rurt'i (-'-ire. mi '727. tueman OF BANKPUPTCY. Inay, nay, oiiight to give the Preference ; and in fuch Cafe, It is no t the Time when the Amgnment was made by tl>e Trader that is material, provided it be before the Bankruptcy, but the Juftnefs of the Debt is very material. The Objection, that Small the Aifignee did not know of this AiTigniiient feems rather an Advantage to him, for this Ihews, that there was no FrauJ nur Importunity u fed by the Aflignee; and oftentimes, upon tl>e Account ot mere Importunity, a Trader has, when in Trouble, been prevailed upon to make fuch Alfignment. And as to the Creditor, the AfTignce's coming into Equity, I admit tliat every Perfon who comes here, ought to come with an innocent and juftCaufe; and the now Plaintiff, for what appears, does fo ; however, what diftinguidws tlm prcfent Cafe in his Favour is, that the Aflignment being of a Chofe in ylcfion, he could in the Nature of the Thing apply no where clfc for Relief, or to have tli; Benefit of tlie Aflignment, but in Equity. As to Precedents, the fame was done in the Cafe of Cock and Goodfillow, where the Aflignment was made by Mrs. Cock, juft before her Bankruptcy, and in Trull for her own Children j and as to Part, it was but a Diredtion to the Trullee to al". fign licr Stock in the Bank, iSc. and Lord Marclesjultl declared, that tiiis was fotar from being ;ui Adl of Fraud in Mrs. Cod, tliough it was for her own Chiliircn, that it fctnicd to be jufl: and commendable. So in the Cafe oi 'Jacob and ^Ih^. hoil ; tlie Trader Shi'pU'rd was on the Brink of Bankruptcy, and the Deed brought ready engroflul to him, which he executed a little before his Bankruptcy, togivea Preference to fomc of his Creditors j indeed I doubted this, but on an Appeal, tlie Lord Chrnccllo Macclesfield ovdcrcd a Trial, to be informed when the Trader became a Bankrupt: and the Execution of the Deed being found to have been bfforc the Bankruptcy, the Decree was in Favour of ,ic Deed. The like hap- pened in Sir Stephen Evans's Cafe, who having executed a Deed iniinediatei/ before his Bankruptcy, and with a View to prefer fomc Creditors, tlie Uin.' prevailed. So that according to thefe Precedents, I muft decree in Favour or this Deed, giving a Preference to the Plaintifl^. With refpett to plain Ads of Bankruptcy, after what has been ftaled, no Doubts tan arife ; but there are fome delicate Ciicumftances, to which it is highly ncceliaiy for all Merchants and Traders to pay ftridt Attention, left they lliould inadvencit; • commit an Adt of Bankruptcy, which may fubjedt them to temporary Du^rai and confidcrable Expence before the Commiflion can be fuperfeded. Any keeping Houfc for the Purpofe of delaying a Creditor, even for a very \\\ :i Time, will be an A.?l of Bankruptcy. Thus upon a Rule to flicw Caufe «'■ 7 a new Trial Ihould not be granted, ii ' peared that at the Trial, the only Queition that arofe was concerning tlic kti , Bankruptcy alledged to have been connnitted by Falch; as to which the Fads we. as follows : Falch being in bad circumflances, on the Evening of tiie 7th w 'January, 1786, exprefled his Concern to his Clerk, and his Fears that he lliould not be able to anfwer a Bill wliich would become payable xhr next Day ; and dc- lired him to come earlier than ufual the next Morning, and be in the Way ; ia Ciife the Holder of that Bill ihould enquire for him, to deny him. In I'adt, thr.t Bill-holder did call the next Morning before nine o'Clock, and prefenttd a Bill for Payment, when the Clerk gave him the Anfwer as he was diredted, that his Mafter was not at home. Afterwards however, in the Courfe of ih j fame Day, Falch appeared in Public, iand having procured fome Money from a Frienci whom he met, he fcnt for the Bill and paid it before five o'Clock that Day. The learned Judge diredled the Jury to find their Verdidt for the Plaintiffs, in as much as the Aft of Bankruptcy was compleat, by the Denial of a Creditor with Intent to delay him, notwithflunding thejury, which wasafpccial one, fuggelled to him at the Time, that by the Pradlice of Merchants in the City of London, the Payer of t!ie Bill has the whole of the Day on which it becomes due till five o' Clock to pay it in. However, the Judge repeating to them his Opinion upon the Point ot Law, they found their Verdidl accordingly. Tlie Court of King's Bench in delivering Judgement againft the Rule for a new Trial argued the Point of Law very amply, each of the Judges afligning his Rcafons ": -*H-^ the Time 'ided It be Fraud nu; lit of mere n to make t that every Caufe ; and guilhes the I Aclion, lie to have th: How, where and in Truit ruftee to al- lis was fuiir !\\ Chiklreii, ob and Shif- )eed brought tcy, to give a II an Appeal, n the Trader to have been rhc hke hap- inimediatc!/ »rs, the I'mv: in Favour ur" :d, no Doubts Igiily ncceliiiy I inadvericiit'./ ary Dugr.it. L>r a very fiv :t ranted, ii ' ;g the Ait .. he Fails we. )f the 7th ui :hat he ihouid )ay ; and dc- th'c Way i in Inl'aft,thr.t relented a Bill ited, that his lame DaVi [Friend whom Tlie learned |uch as the Aft to delay him. at the Time. ■r of the Bill [k to pay it in- ^oint of Law, lulc for a new I alligniig his Keafons OF BANKRtrpTCr. Rcafons for fupporting tbc Direftion of Judge Bullcr, who tried the C.iufc, to the Jury ; and the Sum of the whole Arj;uiiicnt appears to have been coinj^rifed in the following Obfcrvations of Jnde* Ajhburji. " I have always unde-rftcod the general Rule to hi, that wiion a I'lader conin'.it-. an unequivocal Act of iJankruptcy, nothing that palfes afterwards can explain it away." The Convcrfation with the Clc.K or the Evening preceding the Denial, and the Denial confequent upon it, clearly proved an Intention to delay the Creditor ; and Earl Mans/ieU's Opinion vas cited, who had dire(Jted the Jury to find a Vcr lift for the Plaintiff in a Cafe ftill more remarkable, with Refpcdt to the Delicacy of mercantile Credit, than the prefent. The Circumftanccs were thefc : A Bill having become due, and ths Acceptor being prefled for Payment, dcfired the Holder to call upon him the next Morning at a Friend's Houfe in Bridge-Street, and he would pay him; the Holder went accordingly, and the Acceptor, at his own Requeft, was denied to him. Upon being alkcd by his Friend, if he was aware that he had been committing an Adt of Bankruptcy ; he anfwered with Surprifc in the Negative, and faid that he did not mean to do fo, and went afterwards and paid the Bill. His Lordfliip faid, that if the Jury were fatisfied that the Denial had been with a View to delay the Creditor at the Time, it wai an Aft of Bankruptcy, and if lb, it could not be purged by paying the Bill afterwards. It was obferved alio by the Court, that the Term of " purging an Aft of Banlc- ruptcy" is frequently perverted, and had often been complained of by Lord Mans- Jield, who, on levcral Occafions, took the Opportunity to declare, that it can only mean, that, if the Aft done be in \iie\i equivocal, other Circumltances may be called in to explain it j but, if the Aft be a clear unequivocal Aft of Bankruptcy, it cannot be purged or explained away by fubfequent Circumftanccs. Sec th^- Speeches of the Judges, in a valuable Treatife intitled. The Bankrupt Laii't, by IVilliam Cooke, Fj'q. Second Edition, 2 Vols. 8vo. London, 1788. Of the Commijian and Commijjioners, and hovj they may. examine the Bankrupt, his ■_ -•■ '• Wife, and others. .:ir:iiv> //ti 5ir n. c. AConimilTion of Bankruptcy can iflut only upon the Petition and Affidavit 5 Gn of a Creditor or Creditors, and not unlefs the fingle Debt of I'uch Creditor, 5° ''• ^j- or of two or more, being Partners, petitioning, amounts to looA or unlefs the Debt of two Creditors, To petitioning, fhall amount to 1 50/. or unlefs the Debt of thrc; or more Creditors, fo petitioning, fhall amount to 200/. and alfo upon fuel. Creditors, giving Bond to the Lord Chancellor, Keeper, or Commifiioners of the fJreat Seal, in the Penalty of 200/. conditioned for proving their Debts, as well before the CommifTioners, as on a Trial at Law, as alio for proving the Party Bankrupt at the Time of taking out the CommifTion, and farther to proceed on fuch Commiflion as by the Statute direfted. One petitioned for a Commilfion of Bankrupt againfl Lee, and his Debt 1 Pw «'///. (amounting to tooA) appeared to confiftof Notes, made payable by the Bankrupt 7i'- W- toother Perfons, who had indorfcd them to the Petitioner, and to have beenex'^rt'e'z,*/. bought in by hiri at ten Shillings in the Pound; upon which it was objefted, that a Creditor coming by his Debt in this Manner was not cnti'dcd to fue out a CommifTion; but Lord chancellor Macclesfield v\i\tiS, that though the Petitioner had thus gained the Notes, he was a Creditor for the full Sums of tJiem, and may fue out a Commiflion accordingly, A Commiflion of Bankruptcy is n. ; a Matter difcretionary, but to be granted • ^'-■nt. 1;;. it "Jure.; and it has been adjudged, that if all the petitioning Creditors for a Com- milTion fliould agree to have it difcharged or fuperfeded, it may be grunted ; and^njerman in Cafe other Creditors, that were not Petitioners, lliould pr.iy a Renewal of the ^ '-.«;// Cominifrion, or a Revocation of the Superjldeas, it may be granted. "''''• Alter a Commiflion is ilfued forth, and dealt in by tiie CommifTioners, they 1 jac j c may proceed though the Bankrupt die. 15'^ s! 1 . The CommifTion flmll not abate by the Death of the King; and Ct mmif- 2 i'*»u). cVet fions fhall be renewed on tlw Death of the Commifnoncrs, upon pa.iiv hall '5^,- 6 R Fees, .*:( i'i'.' f' t ''} ^' 'Mlv ; !i * I ) I !■ HBHiii i ■Ml>ii f F ■M! ii * HI lift i Ii 'iHI pIIII 1 W' ;' it' B H|| 1 B^^^D8^S#t9r fin F ■ ^^H^^hkH^Ssb'^ 5«a I3£/«.C.7 Ditto. I ftut, ]6o. 1} £liz. C.7. S. 5- i7«. I.e. 15. s. 10. S Mod, 3o« C>«|>. igo. S. t. Sect & Rem «3+.S I 7" . I C is.s. II. S..; ai7- .I.e. 19. C Get. II. e. 30. S. 18. 16. 17 15 are ;G«.n. e- 30. S. 43. OF BANKRUPTCY. The Commiflioners arc appointed under the Great Seal, and ought to be M-n, as the Lord CoXrfays, of Wildom, Honefty, and Difcretion ; as they have f'oAir over the whole Eftate, Freehold, Copyhold, Goods, Debt&, Chattels, aiij Efitdls of the Bankrupt. The Commiflioners may fell the Bankrupt's Land by Deed inrolled j they may fell his Cioods without Inrolment, but not Land. The Commiffioners mzy fend for and examine futh Perfons as have, or arc fufpefted to have, any of"^ the Bankrupt's Goods, Wares, or Debts in tlieir Cudody, Power, or life, and who are, or be fufpedled to be indebted to the Bankrupt, and to examine them on their Oaths, or otherwife, as they iliall thinic fit, touching the Premifes j and if any refufe to be examined, or do not dilLovtr the whole Truth, they Ihall forfeit double the Value of the Goods concealed, to be didributed by the Commilfioners, as the led of the Bankrupt's Eflatc. The Commiflioners have Power to commit Perfons n:fufing to ap^icar to he examined, or appearing, who refufe to be examined on Interiogatcriet. One Bracey was committed by the Commiflioners for refuting to be examined, and the W;u-rant concluded, that he rtrall be committed until Iw conform to the Authority of the Commiflion .*rs j the Words of the Statute i Jac. 1. C. " until he fubmit to the Commil/ioners, and be by them examined." This was held to be a ■ oid Commitment, and Bracty was difcliargeJ upon m Hab. Corp. WitnelFcs to have thejr Charges, to be taxed by the Commiflioners, and pjiJ out of the Eftate ; and being guilty of Perjury, or Subornation of Perjury, indidtable and punifhable according to the Stat. 5 Eliz. againft Perjury. The Commiflioners Ihall declare to tlie Bankrupt how tliey have bellowed hib Lands and Goods. The Commiflioners empowered to examine the Bankrupt's Wife, touching the Eftate. They may by their Warrant appoint their Officers to break open the Dank- rupt's Ploufe, Shop, &f. Commiflioners may examine all Perfons, as well by Word of Mouth, as on Interrogatories; relating to the Trade, Eftate, and EfFedls of the Bankrupt, or any Adt or Ads of Bankruptcy commt. d, and may reduce into Writini^ the Anfwers on verbal Examinations, which ih-iU be figned by the Examinjnt, and in Cafe of a Refufai to anfwer, or not fiilly anfwering all lawful Queftions, orrc- fufing to ftgn the Examination, not having a reafonable Objection to the Wording thereof, or otherwife to be allowed by the Commifllioners, they may comniir till the Party complies ; but the Queftion refufed to be anfwcred nuift be llated in the Warrant of Commitment. If a Warrant of Commitment be infufficient in Form, and a Hab. Corp. k brought ; the Court or Judge before whom the Hab. Carp, is brought, (lull make a new Commitment to the fame Prifon, unlefs it appears that the Party had before complied. Commiiiioners are incapable of aAing till they have taken an Oath that they will faithfully, impartially, and honcftly behave in the Execution of the Lommil- 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 follows: T A. B. do fuaear, that I will faithfully, impartially, and honejlly, according t: ■* t6e bcji of my Skill and Knowledge, execute the feveral Powers and frujU n- pofed in me, as a Commijioner in a Commijion of Bankrupt, againji E. F. litt o], &c. and that without Favour or Affediion, Prejudice, or Malice. So help me God. No Time is generally limited for the taking out the Conmiiflion, though the fooner doubtlefs the better for the Creditors ; and the Provifo in the Stat. 21 ya^- !■ C. 19, as to particular Cafes, mentions, that the Commiflioners muft be fu« within five Years after the Time when the Party became a Bankrupt. A.v^ tt)l Ol- BANKRUPTCY. s^i /I, took out a Cominiinon of Bankruptcy againft B. and kept it for fix Months without doing any Thing therein j he then executed it, and the Party was found a Bankrupt : On a Petition to fuperfedc this Commifllon, it wai faid by A. in Excufc for keeping it fo lohg by him unexecuted, that ht was not at firft certain his Proof was fufficicnt to find B. a Bankhiptj but it appeared afterwards there were good Grounds for a Comminion, and that he was four. J to be a Bankrupt accordingly. In this Cafe the Lord Chancellor faid that it was very wrong in A. to keep t Par mu. the CommlTion thus long in his Pocket j and until he had fufficient Proof of the ?^'J" 5*S' Bankruptcy he ought not to liave taken out the Commiilion, which, by having ban kept fo long private, might have been the Means of drawing in Multitudes of People to give Credit to the Bankrupt, and of furnifhing him with Oppor- tunities of defrauding many ; w herefore he fuperfeded the CommiUlon ; and it be- lli!,' obicdtcd that this would only bring a frclh Expence upon the Bankrupt's liilate by the Charge of another Commiflion ; his I.ordfhip replied, he would take Care that the tornier Commiilion Ihould not be at the Charge of the Bank- rupt's Eftatc. A Commiflion, at the Complaint of 1 5 Creditors, was i/Tued on the Statute of Bankrupts, agaiurt Alderman Btff^ .a//, who died Ihortly dierj and thefe Cre- ditors having a Judgment, and fuppofing thereon they might have better Remedy than their Proportion w;jiild amount to on the Commiilion, they fluck to that, and the Heir of the B.inkrupt paid their Debts; and no other Creditors appear- i'l' then to profccute, the Coinmiliion by their Confcnt was fuperfeded; after which, thiity othe. Creditors lued for a Difcharge of the ^uperj'edeas, which, after being argued before Lord Chancellor 'Jelferies, was done, and his I^ordlhip i Ch«n. c«ft renewed the Commiilion ; for the Rcafons, that when a C miffion is granted, '♦!• '9'- it is not for the Benefit of the Petitioners only; but ratpreisly fof the Benefit of all the Creditors. If there is a joint CommilTion againft two Partners, though one of them fhould*'"/?' v. die, the Commiflion may ftill proceed ; but if one of the joint Partners be dead at f'^(j^ the Time of taking out the Commiflion, it abates, and is abfolutely void, becaufe they mult be each found Bankrupts. And where a joint Commiffiun is profecated all the Partners mull be included, for a joint Commiflion againft two of feveral Partners cannot be fuflaincd ; Therefore, in an Adion brouglit by Allan and others, as Affignacs of Marlar AiUn v. Hmt- a Bankrupt, together with Down furviving Partner of Pell, Agamll Hurtl,y and/'> ^'"'^ Frauds, upon a Bill of Exchange due from the Defendants to the Houfe of Mar- i'^R^'"' liir, Pell :u\d Down, an objection was taken at the Trial to the Mode of proving ' the Afiignee of Maihir intitled to join in the Aflion with Pell, the Solvent and furviving Partner. To fupport their right they firft produced a Coinmilfioti againfl; Marlar, SUwart, and Boyd as Partners, but that failed them, becaufe (jii the evidence it appeared that the Commilfion as to Boyd was fraudulent, he not havin ii, if never fo minutcj and the rather, for that the Statutes of Bankrupts, bcinii remedial Laws, are fo be beneficially conftrued in Favour of the Creditors ; and therefore my Lord would not overthrow this Comraiirion, and all the juft Right of the Creditors claiming under it. A Commiflion of Bankruptcy was taken out againft a Pcrfon, and upon the Bankrupt complaining, that one of the Creditors had come in under theCommif- fion and proved his Debt, yet he had arrcfted the faid Bankrupt, who in his Peti- tion prayed f o be difcharged ; and here Lord Chancellor King obferved, that it had been the Conftrudtion of the Court of Equity upon the latter Statute, which dil- charges the Bankrupt of iiis 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, and any one of his Creditors comes in on the Commiilion, to prove his Debt, though with Defign only to oppofe the Banknipt's Certiiicate, neverthelefs this Proceeding of the Creditor is an Eledion to take Ills Remedy for his Debt under the Commiflion ; and, if pending that, the Creditor fues .ind arrefts the Bankrupt, it is taken to be an OpprefTion : Therefore he ordered the Creditor at his own Expence to difcharge the Bankrupt out of Cuftody. But hi faid, if fuch Creditor would wave having any Benefit under the Statute, (by a reafonablc Time , and there v.-as an Improbability of the Bankrupt's being able to gain his Certificate, figned by four Fiftlis, in Number and Value, of his Cre- ditors, or allowed by the Court ; in fuch Cafe, if the Creditor fliould apply to the Court, declaring his Confent to wave any Right or Slurc of the Bankrupt's Eftate under the Commiflion, and praying that he might fue the Bankrupt; it would be reafonable and proper for the Court to give Leave to fuch a Creditor to pro- ceed at Law againfi the Bankrupt for his Debt. One SalkelJ, a Clothier in Town, was indebted to one Hale, for Cloths which Salkeld made over to a Relation for a pretended Debt ; on wiiieh Hak brought an Aftion againft him, and having obtained Judgment, took him in Execution on a Capias ad Satisfaciendum, about two Years after the Ad 5 Geo. I. C, 24. was made. The Relation took out a Statute againft SalkelJ, in Order o to 1' BANKRUPTCY. loftrvc him, ami ?/<;/•' was j/rcv-iilcd on tobcan Afligiicc, thouf^li the Bankrupt's Eftatc proved to be only a tew Shillinj;s, and Ibinc defpcratc Di.l)ts. Salkilii thereupon petitioned that he niiglit b- dillhargcd out of lixccution, lincc Jliili, at whole Suit he wjib taken, had tonie into tlic Coiiiniinioti atid proved his Dcl)t, and not only fo, but was the Alllgnec under it. That tliough Hale had propoftd waving all Benefit and Advantage accruing from the Coiiuniflion, yet this was now too late, he having come in under it, proved his Debt, and con- fcntcd to be an Afllgncc, which was a plain Elcc'tion to proceed this Way, and ficii J'.ledliuii being once made, could not be waved atterwardi. Uut by Lord Chan- cellor /'(///fir : This Commiflioii was plainly fued out fraudulently by the Bank- rupt's Relation, to difcharge the Bankrupt out of Cuihuiy j the Propofal is fiir on the Creditor's Side to wave any Benefit under the CommilTion, and therefore ought to be accepted ; and the Creditor cannot be faid to elect to he fatisfied out of an Eftatc, when there is no Eftate, which more particularly ilidinguifhes this Cafe. 1 will not difcharge this Bankrupt to the Prejudice of a Creditor, where it ippcars, on the Face of the Thing, that the Coinminion wa: fued out in Fa- vour of the Bankrupt himfclf, by his Relation, and not for the Service and Advantage of the Cialittrs. 0/ the Bankrupt's Surrender, Examination, Difcovery, Alk-jeancc, and Ctrtiji' cate i and oj' entering tibe Proceedings, &c. cJ'Rcro.d. A F T E R the Commiflioners named in a Commiffion of Bankruptcy fued for, ^* have, in Confequcnce of Proofs made to them, found any one to be a Bankrupt ; they make and fign the following Declaration, viz. S2J • WE whofe Names are hereunto fubfcribed, or underwritten, being the ' major Part of the CommifTioners appointed for the Execution of the • Commifllon of Bankruptcy, awarded againft C. D. &c. upon the Oath and Ex- • amination of divers Witnefles, do conceive, or have found, that the laid C. D. • the ■ " Day of January laft, or before the fuing forth of the faid Commiifion, ' was and did become a Bankrupt, within all or fome 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 CommiJJioners are generally cautious in declaring the Bankruptcy from a certain Time, hut leave it to a Trial at Law, in Cafe there be any ^ejtion cr Doul>t of it; and this is to fecure themfelves from ASlions that may be brought againfl them. Alfo it is here obferved, that the Declaring of the Commifnoners, whether he be a Bankrupt or not, doth not acquit or charge him, unlefs in Truth it were fo. And after they have declared the Party a Bankrupt, they then make out the following Warrant for feizing his EfFcds. • "IX^HEREAS the King's Majefly's CommifTion under the Great Seal of Great- ' ""^ Britain, grounded upon the fcveral Statutes made concerning Bankrupts, ' bearing Date at Wejlminjhr the fame Day with this our Warrant [or according to ' the Date] had been awarded againft A. B. of, &c. Dealer and Chapman, di- ' redlcd to us who have hereunto fet our Hands and Seals, together with F. C. Efq ; ' and D. S. Gentlemen j and we being the major Part of the Commiffioncrs ' named and authorifcd by Virtue of the laid Commiirion, having begun to put ' the faid Commillion in Execution, upon due Examination of Witnelles, or other ' good Proof upon Oath before us taken, have found that he the faid A. li. did ' for fcveral Years laft part trade and deal as a Chapman, and by fuch his Dealings ' became indebted to C. D. of, iSc, Hatter, in the Sum of one hundred and eighty 6 S • Pounds, ! h tf^ I' li. ': :i\M ■,i! U4, i/ *• ii - •! J26 OF » A N K R U 1' T C V. • Pound', i anil hiinj' fo inHchta! as aforcl'iiil, In- thf I'.iid //. F. hecv.inc n.inknipt • to all Iimnls ami I'urpofcs, uitliiii the true Intent mil Mc.ining «.f the fcviril ' Statutes iiiadc ai;ainrt Bankrupts Ionic or one of them, li^lorc ihc IXitf .,|„| • (uinj; forth of tfic faiil C'lmmifVion } thcfe arc tlieivli i\.', l>y N irtiic of tin- iiid • Cctrmifrit i,, ami the Tcvcral Statutes therein mentioned, to uill and rwiiiurc • authorize .ind imjxjwcr, you, and every of yen, to whom thi. k' him to in. ike a lull null true Difcovery of his filiate and ICrt'etlls; and in Order tiicicto the faiil Bink- ript Ihall be live from all Arrefts, Rellraint, or Imprilonment of any of his C'rtditois in coming to liirrcnder, and from the a*!hial Surrender of fucli i;,!nk- rupt for and during the faid forty-two Days, or I'uch farther Time as (hall bi a." 'wed him for hnilhing his Examination. I'rovided the bankrupt was not in CulK:dy at the Time of liicli Surrender, and in Cafe he Ihall be arrcilcil for Debt, or on any I'.fcajie Warrant in coming to fiirrender himfell", or after liis Surrender within the Time aforc-mcntioned, that thi'n upon producing liuh Summons, under the H mds of the Commidioners or Allignces, to the Officer who (hall arrell him, and inaking it appear to fuch Orticer, that the Summons was (igned by the Commiliioners or Allignees, and giving the Olhccr a Copy thereof, he (lull be imr.iudi.,tely didliargeil j and in Ca(c any Otiicer (hall detain fuch Bankrupt, after he (hall have (hewn (iich Sum- mons to him, and made it appear it was (igned as a»bre(aid, in his Cudody, fuch OtHcer (hall fordit and pay to the Bankrupt for his own U(e, the Sum of five Pounds for every Day the OtHcer (liall detain him, to be recovered by Ai.'lion of Debt in any of his Majefty's Courts of Record at ircJlminjUr, in the Name of the Bankrupt, with full Co(b of Suit. A Commidion of Bankrupt idued againft Pbilips ;h his Negledt, as a Man has it always in his Power to be honetl, though he L.;,i:;ot command Fortune, or very often prevent Misfortune; however, as Honefly jj not a conllant Attendant on all Bankrupts, the Law has furnilhed the Conimir. fiuners with a futlicient Power to oblige them to fubmit to an F.xamiiiatiun, and to make them be jurt in it. For :• If tlic Bankrupt (hall refufc to he examined, or not give a full and fitisf.K%rv 'J' Anfwer to every Interrogatory minillered to him by the Commillioners, it iJull be lawful for them to commit the fiid Offender to fome fb.iit or c'.ofc Imprilon- ment, there to remain until he Ihall better conform himlclf And, If the Bankrupt fhall not, within forty-two Days after Notice for his Sur- rendering in Writing, left at the ufual Place of his Abode, or on Perfoual No- tice if the Bankrupt be in Prilbn, and Notice given in the Lifi.Ln Giizctf,\ tli.,t fuch a Commiftion is ilTued, and of the Time and Place of Meeting of the C'om- milfioners, furrender himlelf to them, and lign luch furrendcr, and ("ubinit to be examined from Time to Time upon Oath, by ami before fuch (.'oinmif- iioners, and in all Things conform to the feveral Statutes alreaily made and iio.v in Force concerning Bankrupts, and alio upon fuch his Examination, fully and truly difclofc and difcover all his EfFedh and Ertate, real and perfonal, liow and in what Manner, and to whom and upon what Conlidcration, a:vi at whit Time or Times he hath dilpofed of, alfigned or transferred any of his Coods, Wares, Mercliandizes, Monies, or other Eftate and Efleds, and all lioo'.:-, Papers, and Writings relating thereto, of which he was pofTcrt'ed, or in, or to which he was any Ways interefted or intitled, or which any Pcrfon or Perfons had or hath, or have had in Truft for him, or for his Ufe, at any Time before or after the ifluing of the faid Commiflion, or wliereby luch Perfbn, or his Family, hath, or may have, or exped any Profit, Poflibility of Profit, Bciieiit, or Advantage whatfoever, except only fuch Part of his Eftate and EfFedsas lliall have bcxn really and ionti Fide before fold or difpoled of in the Way of his Trade and Dealings, and except fuch Sums of Money as fhall have been laid out in the ordinary Expenccs of his Family ; and alfb upon fiich Examination, deliver up to the laid Commiflioncrs all fuch Part of his Goods, Wares, Merchandizes, Money, Ellate, and Effcdts, and all Books, Papers, and Writings relating thereto, as at the Time of fiich Examination fliall be in his Poffeflion, Cuflody or Power, his ncceffary Wearing- Apparel, and that of liis Wife and Children only ex- cepted, then he, the liiid Bankrupt, in Cafe of any Default and wilful OmilTion, in not furrendcring and fubmitting to be examined as aforefaid, or in Cafe he fhall remove, conceal, or embezzle any Part of fuch his Eftate, real or perl'onal, to the Value of twenty Pounds, or any Books of Accounts, Papers, or \\'iiting< relating thereto, with an Intent to defraud his Creditors, and beinj thcreot lawfully convicted by liididmcnt or Information, fhall be deemed and adjudged to be guilty of Felony, and (hall fiif^er as a Felon, without Benefit of Clergy, or the Benefit of any Statute made in Relation to Felons ; and in fuch Ciil'e, ludi Felon's (ioods and Ellatc ihall gcr. ir, c«. HI. Bankrupts on or bdbie the 22d y<,7/. 1776, who have duly conformed, fur. c. 38. S. 69. rendered, and liibmitted, and who have not been guilty of Contiin'..icv, nor difcharged under their Cominifllons, may petition and move the Court of Chan- cery, upon this Grievance of the Cafe: VVhicli Matter the Court nny icttrr (0 ' a Mafter, and, upon Report, the Chancery may dired tiie Connnifiioncrs to certify Proceedings, and order their Difcharge or Relief. Bankrupts who have 1 i: obtained their Certificates, and l')ifchar:;e from their • Debts under the Bankrupt Acts, or being impriluned hefovr tlic 20 y,ih-. i — •■ and againll: whom CommilVions have been awarded, who have duly conformed' and not been committed by CommiiJioners for Co!itu:::-"'y, and ;ire in PrhLn for Debt, or iceretc themfeives ]br I'ear of their Creditor^, and ihall he llnv' may apply to the Jud;;e of the Court \vhere Procefs iiilied, to lunimon Plj;^. tifN, to ihew Caufe wiiy Bankrupts ihould not be difch;'.rged, 0:1 makin;0.it'i that the Delu accrued previous to tiie Commillion ; and on latisf.in^' thc'fuJ.v that they fully ilifclofed and delivered up their I'^llate and Efredls, and up'm alfo malting it appear to him, liiat they h.id c!u!v conformed, uiid that tb Commillions were not fraudulently obtained, hereupon, tiie Plainti^K- rot proving any Concealment, the Judge may difcharge Bankrupts, on their .•■:.. tering common Appearances ; and if they be afterwards arrey I'rar- fifths in Number and \'alue of .Creditors) and if no fuliicient C'aufe he ikwi v.ithin the Time limited by the Advcrtifement, tiie far.ie is to be aiiowedand tlie Bankrupt ordered Relief and Difcharge *. A Creditor petitions againfl the AUow.tnce of a Bankrupt's Certificate, upon whicii the Bankrupt gives him a Bond for Payment of his whole Debt, in Ccnli- •/"«>. Term. jt;rmion of withdrawing his Petition, and in CoiUequence of his fo doin;; tlw invii V Bankrupt obtains his Ccrtiticate ; but refufing altjrwards to comply witii his ^^"J'' .... Bond, the Creditor put it in Suit agaiiift the liankrupt, who pk.ule.l the Ad 181!"^ " "f Parliament, and that the Bond was obtained in Order to procure his Dilliwr^-e; 1.. c.Pa.kir, but lic could uot bc relieved in Plquity againit the Bond. Enjtn lerm. ^ j^j^jj Commiffiou was taken out againil the Defendant and Partner, and their ih-riitJ V. Certificate was allowed ; and the Detandant was now I'ued bv the Plaiiitili'fora irAXT; Debt due on l\is feparate Account, and arr^lted ; to whicii the PI lintilfplcaiKi, 11! in R. K. that the Caufe of Adion arofe b'.-rhrj tint of Bankruptcy, and t'lcieforc inuvedthit bciore l.oM he iliould be difcharged oat ot Curtoily, upon filing common B.ul, whicii w.isul- i't^o'/^'/.'{)», lowed ; it being held, that the Stitute of the 5th of Ge:. If. which fiys, /tew and if.. Cii/t' in tiny fuch Bunkrupt jhiiU i>Jurii.\ii-iis bc iHrijtcJ, pr^.ficu.ud, orio(, when he was a Counfdlor, was as loUows : Tht ■Ji .• I. V:-;^! '■-t^ ■tiM! i H e I ' I , t .1 I 1 **= + TTT- 1 ^9n Jl 1 11 1 ir- m !l lo Pl.inla(iun Dcbii. Another UpinioD. FxPirtf jiicif.i, be- fore IjoxA in 1 7++. OF B A N K R IM' T C V. The Effci^s of A. in the Plaintatlons arc liable to the Comiiiillion hercfi Dec. 24, 172^. And there was alfo the Opinion of another great Man to this Purpol'c: I am of Opinion, that the Adl of Parliament will not cxtind to any cf the Plantations, unlefs they had been particularly mentioned} they btin^ govcr-icd by particular Laws and Conflitutions of their own making. In the Year 173a, a CommiHion of Bankruptcy ilfued aaginft RkbarJ '^fn.hfm^ Tea Merchant, and an Aflignr'jnt was made of his Eft.ite to -Thomas IViigU ami 'Janus Huey, in Truft for his Creditors. Upon his Examination he made a Difcovery of his Eftate and Eftcds, ami four Parts in five of his Creditors figned his Certificate j but the Commiliiciicrs did not think proper to fign it. Afterwards he fct up the Trade of a Diftillcr, and in Confequence of fuch Trading, he became indebted to fcveral Perfons, and particularly to one •rkmat Sr,re/ in 100/. and upwards. On the 3 1 it of June 1739, Scrrc/ (vcd out another CommilTion of Bankruptcy againft him, and he fubmittcd to fuch fccond Commillion, and obtained his Cer< tificatc, which was allowed by the Lord Chancellor on the 5th oi Jmic, 1740. He then returned to his firll Trade, of a Tea Merchant, and contradled Debts to the Amount of fcveral hundred Pounds. In May 1740, H'rigbt and Huij, the Aflignces in the f.rft Commilfion preferred a Petition, in the Names of thcmfelves and all the Re(l: of the Creditors under the laid firft Commiflion, in order tofet afide the feconH, Commiirion and his Certi- ficate, which was advertiiisl in the Gazette to be allowed, unlefs Caufc wa (hewn to the contrary. And pending this Petition, viz 24 May 1740, a Notice was publirtied inthe London Gazette, for a Meeting of the Creilitors under the firft Commiliioii, who afterwards met thofe under the fccond Commillion ; and thefe latter agreed to 2;iTC the former a Sum of Money to withdraw their Petition, which they accepted, and witlidrew their Petition uccordingly ; and the Bankrupt h.iving h.;il his Certificate confirmed, continued his Bulincfs as before. But two of his Creditor;; under the firft Comniiflion, on the 1 7th of 73 rt«/vr 1743, preferred 2 Petition to the Lord Chancellor, fctting forth the Matters before incntioncd, and that "fackfon had not made a fair Uifcovery of his Elhte, and had prevailed on the Adlgnces under the firft Commilfion not to ittcnd their Petition, by Means whereof the faid Bankrupt, to their great Surprize, had obtained his Certificate. That they were advifed, tliat the fecond Commillion was obtained fraudulently, and that the ilTuing of the fame under thofe Circumftances was irregular, aiiiitlut the faid Certificate was obtained in order to prevent the Creditors under thcliril Commifllon from recovering their Debts, though they were allured tlie Bankrupt was then able to pay tiiem. They therefore prayed that the Commifllon might be fiipcrfedcd, and that all Proceedings under the fame, with the Bankrupt's Certificate, might be fet afide. But his Lordlliip ordering the Partie.s to attend, and that the Proceedings under both Commiflions ihouldbe produced; and the Petition coming on before his Lordlhip, after being learnedly argued by the CJentlemen at the Baron both Sides, he, was pleafed for the following Reafons, among others, to uifniifs the Petition : J ft. Becaufc the Parties had acquiefced in the Allowance of the Certificate under the fccond Commiftion, from the 5thof y«w 1740, being the Time oijackfini ubtaiiiiog i , -.ind t!-,e !s Certiti. i.iwa of lI, do not it;l;\tini^ to on, tint a uinint;:n.cd ., 17:3. uw (A the Ig gOVLTittd ri "Jii-.-hfoti, ts, ami four lillioiicrs did ice of fiich ' Bankruptcy ncd his Cer- wi", 1740. traded Debts Hon prcftrrcd tors under t!w ind his Certi- (I's Caule wa iflied in the imiliion, who ^'rctd to giTC hey accepted, hud hi* of D'cmitr tlic Matters of his Ertite, lot to ittcnd rcat Surprize, fraudulently, ular. aiidtliat under the fird the Bankrupt, jcd, and that might be fet xedings under on before his c Baron both " to uifniifs the ertificatc under £c of lackfitii obtaining SZt OF BANKRUPTS. Staining fuch Certificate, to the 17th of December 1743, and hul never made ^ny Complaint of tlie liinic. That there had been a Meeting between tlic Afllgnecs and feveral of the Crtaitors, under the full and fccond Conimifllon ; and that tlie Petition, which was intended to be prtfented to the Court lor ftaying the Bankrupt's Certifi- cate under the fecond Cominiflion, was by the Conl'ent of the Affignees and Creditors under the firft Commiflion, who were prefent and had publick Notice in the Gazette to meet the AlTignees and Creditors under the fecond, and cir- ( iilar Letters fent thcni for that Purpofe ; and that they had agreed, that fuch Petition lliould be withdrawn, in Confjderation of a Sum of Money paid by the Creditors under tlie fecond Coininillio ., to the Creditors under the firfl Commiflion j and that this was in the Nature of an Acquiefcencc and Conli;nt from tlie Creditors of the firil Commillion, tliat "Jackjbn Ihould have his Cer- tificate under the feco- ' Commiflion. 3dly. That it did no. appear to liim, but that tiic Petitioners were well ac- quainted with the Steps that 'vere taken by the Afiignecs and Creditors in the fifll Commiflion, in Rc^^ard riiatthey had not denied the fame by their Affidavit, but had only fwoie that the/ did not know, remember, or believe, that they ever confentcd to the withdrawing of the Petition, preferred by the Aflignecs as aforefaid, to fet afidc the Certificate under the lecond Commiflion ; and that if the Afljgnees had doneamifs, the Creditors had a Remedy againft them. 4thly. That JiickJ'oii had, under the Sanation of the Court, carried on a confi- derable ': :.tde, and that it would be contrary to the Juftice of a Court of Equity, to prejudice innocent Perfons, who might have been induced to give future Credit, believing him to be a free Perfon, on having fuch Certificate ; and the Confequence would be, that all his Dealings from that Time mufl opened and unravelled. When a Bankrupt has in all Things conformed himfelf to the Adts made con- 5 Cec II C cerning Bankruptcy, he fhall be allowed by the Afllgnees 5/. per Cent, out of the}o-J. 7- iiett Produce of all the Eftate that Ihall be recovered in and received ; provided the faid nett Produce, after fuch Allowance, fliall be futlicient to pay the Creditors ten Shillings in the Pound, and fo as the faid 5/, per Cent. Ihall not amount in the whole to above 200/. and in Cafe the nett Produce, after deducting the fol- lowing Allowance, fliall be fufiicient to pay the Crediio.i t.elve Shillings and Sixpence in the Pound, the Bankrupt in this Cafe fhall ; allowed 7/. los. per Cent, lb as that fuch Allowance fhall not amount in the whole to above 250/. And in Cafe the nett Produce, after the following Allowance is deducted, ihall k enough to pay the Creditors fifteen Shillings in the Pound, the Bankrupt liiall be allowed lol. per Cent, provided it does not amount in the whole to above 3C0/. But if the (aid Bankrupt's Elfate is not fulficient to pay the Creditors ten Shillings in the Pound nett, as aforementioned, then, and in fuch Cafe, tlie Bankrupt ihall only be allowed lb much as the Aflignces and Commiflioners ikdl think fit, not exceeding 3/. per Cent. 'lije Commiflioners Ihall, upon lawful Requcft made to them by the Bank- 'y';*"- I.C. rapt, not only make a true Declaration to him of the employing and beftowing ' ^' ^''" ' * all his Lands, Tenements, Hereditaments, Offices, Fees, Goods, Wares, Money, Chattels, and Debts paid and fatisfied to his Creditors ; bit alfo make I'lyuient of the Overplus of the Ome, if any fuch (hall be, to the laid Bank- nipt, his Executors, Adminillr.ito.-s, or Afligns ; and the Bankrupt, after full tiitisladlion of his Creditors, lliall have full Power and Authority to recover and receive the Refidue and Remainder of the Debts to him owing. Lord Hardivieke diredted, that a Bankrupt who had paid 141. 6J. in the Pound, who had his Certificate, and a Releafe from his Creditors of all further Demands, ihall (land in the Place of the Aflignees to get in tlie Remainder of the Debts, on giving a proper Indemnity to the Aflignees, that they might not be called to an Account for (uch Money (b received, tr. Atk. Rep. 145. I'l. 84. And though the Bankrupt fliall have obtained his Certificate, and tlie lame has', ^^^ jj ,. been duly contirmed, it does not put an End to his Duty oi" .-Vttend.uice, as he is' 30.", «! obliged to give it upon every reafonable Notice in Writing delivered to him, or left a hii ufual Place of Abode, by the Aflignees, thereby requiring him to attend thenj, 6 U % *;.■ ', li •■Jii *!\' i^ ' k '^■^- 534 \ O I- B A N K R If P T C Y. tlicm, in Order to make up, adjull, or fettle any Account or Accounts betwce;i fuch Bankrupt, and any Debtor to, or Creditor of him, or to attend any CVnirt or Courts of Record, in Order to be examined touching tlic fame, or for fueli otlu-r Bulinefs as tlie Alllgnees (hall judge neeelliiry, for gettini^ in the Hankrunt's Fj>\t' and Effeiits ; a,id for whicli Attendance the Bankrupt (hill be allowed tne S.ini of two Shillings and Sixpence pir Diem by the Aflignees, to be paid out of the Ellate ; and in Cafe fucli Bankrupt (hall negledt or rcfufe to attend, or on ("uch Attendance (liill rcfufe to allifl in fucii Difcovcry, without good Caufj t.) be flu'wn to the Commilfoners for fuel) his Ncgled or Refufal, to h: by them idlowed as fuflicient, fucli A(rigncts making due Proof thereof upon O.ith, be- fore the (aid Commilhoners, they the (aid Commilhoner.', are hereby impowercd and required, to ill'ue a Warrant diredted to fuch rcr(on or I'er(ons as they (!i,:ll think proper, ("or apprehending lucn Bankrupt and him committing to the County )ail, there to remain in clofe Cullody without Bail or Mainprise, lui- fii he (liall duly contorm to tlie SuisiadHon of the fiid CommiiVioners, and be bv them, or the fpecial Order of the Lord Cliancellor, or otherwif; by Hie Cour('e of Law di('eha;g(.d , and the Jailor is thereby requireil to keep (iicii Pcribn in clo(c Curtody within the VValls of the I'rifon, until hebedulyJif, (.barged as aforelaid. 5 1-.- 11. In Cafe any CommiHion of Bankruptcy (hall idlw; againft .my Berfcn, who after c- ic- b. p. j|^„ 2 j^dj ^^l[ •yun,-^ 17 ^3, (hall have been difcharged by Virtue of this Ad, or (lull have compounded with his Creditors, or delivercvl to them his Ii!(t'edts, andlK'ci rclea(ai b}' them, or being didharged by any Ai.\ lor Reliif of liUolvent Drbttr-, then the Body only of fuch Berlbn conforming, (hall Iw (iec from Aralt ,\iij Impritbnment ; but the future EiLite of fuch I'erfon (hall remain liable to his Creditors; the Tools of Trade, necelVary Houlehold Goods, and ne.eflary Wt.irin,; Apparel cf ("uch Bankrupt, and his Wife, and Children excepted, unle("s thi tdate of fuch I'ertbn (hall produce clear rtftecp Shillings in tiie Pound. Diiio, S. u. Nothing in this t\t\ (hall give any Advantage to any Bankrupt, who (lull iipoii Marriage of my of his Children have given above the Value of loo/. unld'Jic (hall prove by his Books, or otherwi('e, upon his Oath or Atlirmation before th? Commiflloncrs, that he had remaining other Llhites (utlicient to pay every W:- (o\\ to whom he was indebted their full Debts ; or who (hall have loll in one I).iy the Value of 5/. or in the whole the Value of 1 00/. within twelve Months mxt preceding his becoming Bankrupt, at Cards, Dice, Tables, Tenni.^, Bowls, liii- liards, Shovel-board, or Cockfighting, Ilorfe-raccs, Dog-matches, or Fiot- races, or other (Jame, or by bearing a Share in the Stakes, or betting , or thit within one Year before he became Bankrupt, (hall have loll tool, by Coiitrid> for Stocks, or Shares of any publick Funds, where Ak!i Contmct was not to be performed within one Week I'rom tlie Making, or vshere the Stuck was net adually trans(erred. l»i:tc, ^. u. Upon Certificate under the Mands and Seals of tlic Commiflioners, t!i:'.t Inch Commi(T.on is illlied, and ("uch Per(bn provcil lx;fore them to become Dani;nipi, it (hall be lawful for any of the JulHcc!) of any of his Majelly's Courts ofKiag's Bench, or Ccn.mon Pleas, or ];aiops of the Lvoh'.iii.er, (Sc, und ti^v ;. re re- quired, upon Application made, to grant their Warrants for apprehcnoinj Uich Perfon, and him to consmit to the common Jail of the County, wh^re lie (Iwll Ik apprehended, tlierc to remain until lie b;- retnoved by Order of the Comniil'- fionersj and the jailer to whofe Cuftody ("ncii Perfon (Imll be committed,! leipilrcd to give isotice to one of the Comnu(rioners, uf fuch IV'ri'on being in his Ciiilody ; and the Commiflioners are inijowcred to ('ei7c the lifftdl': of Caili Bankrupt, the necclfary Wearing- Appart' of ("uch Bankrupt, or of his Wife or Children, excepted, and his Books of \ 'ritings, wl'.icli (hall be then ia the Cuftody of fucli liankrupt, or of a:jy other Perlbn in Prifon. B:tM, 'J. T,-. If any Pevfon (b apprehended lliriil, within tlie Time al!)\v.;d, fubniit to b" examined, aiul conform as if he jiud furrendered, fuch Perfon (i:.ill have t!;i Benefit of this A*lf, as if he had \oluntarity come in. »itto, :i. +1. I'pon Petition of any Perl'on, tin- Lord Chancellor ni.iy order fuch Commii- fions, Depodtions, Proceedings, and Certllkaies 10 be en; ;!.d of Rcto.H ; aadin 6 Ciic nPHE own Rig and Her Rccompci der, arul v.lii'.h he end Cir^; The Otiicci, II a Bai ilitiuncnts, them n,,i Uehts are iiuy be a!' 'ihe 1' pay hini (i liles a Bill }el J'.iymc iiilitkj to OF n .\ N K n U P T C Y. 53$ Cafe of the Death of the Witncl^ls, proving fucli n.uikruptcy, or in Cafe the faiJ Conimidicins or other Things lliill he loll, a Copy of the Rccori.1 of fiicli Coir.mif- fions or Tilings figneel ami .ittelU\l a^ herein is mentioned, m;iy he given in Kvi- dcnec to prove fuih CommilTions, and IJaiiViuptcy, or other Things ; and all C'crtifieAtei, wliieli have been allowed, or to be allowed, and entered of l^ecord, or a true Copy of every Certificate figncd and attefteil, as herein is mentioned, fliall and may be given in Mvidcncc in any Courts of RcconI, and without furtlvjr I'rcof t.iiven to he a Har and Difchaige againd any Adion for any Debt contraded hcfore l!ie illuiiig of fueh Coiiimillion, unlefs any Creditor of the I'erfon that hath fuih Certificate fliall prove fuch Certificate was fraudulently obtaineil j and the Lord Chancellor (hall appoint a Place near the Inns of the Court, wh'.'re the Mat- ters aforcdiid (hall be entered of Record, where all Perfons (hall be at I,iberty to feaich ; ami the Lord Chancellor (liall by Writing appoint a proper Perfon, v.ho (hall, by hinilllf, or Deputy to be approved by the Lord Chancellor by ^\■riting, enter of Record fuch Commifl'ions, and other Things, and have the Cudctiy of the Entries, thereof; and alio appoint fuch Fee for his Labour there- in, as the Lord Cliancellor fliall think reafonable, not exceeding what is ufually paid in like Cafes ; ami the Perlbn I'o to be appointed, and his Deputy, (hall lontiiuie to enter of Record all tiic Matters aforefaid, and to have the Cuftody of the faille, fo long as they Hiall behave themfelve; well ; and (hall not be removed but by Order in Writing, under the Hand of the Lord Chancellor, on good Caufes therein fpecified. Contingent Debts not proveablc under the CommhTion are nst difchargcJ by Sur. Rep. the Certificate. '•♦+*• It does not didharge Bankrupt from Bond of Indemnity, where the Breach was after the Bankruptcy. Bankrupt's Certificate will not difchargc him from a Debt which he owes 7>. .lit. as Executor. ^-i'- ■-: Nor, according to LorJ Miinsfield, from a Judgement riV^aw/V tejiatorisji, &c. b.vV.'rci,.^'' and iL' hohh propriis for the Cods, obtained between the Commi(Tion and Ccr- uf"*- tificate, on a flilfe Plea of no Aflets, in an Adion on Tedator's Bond. Bankrupts not obtaining their Certificates, are excepted from the Adl for the :8 c«. (!. Benefit of Infulvent Debtors, unlefs they arc relieved by Conformity, Cic. ac- '••,'^' ; ,-*• !•» 1/-'ITI ' '"'• '''• cording to I2 and 14 Leo. HI. C. 17. s. So. Of tbc ylj/ignmcnt, aiiJ Bargain and Sale of the Bankrupt's Eflate. Of the hi- rclment, ami tidal fnill paf thereby, or be fuch an Interefl as the CommiJJior.ers may ajjign. THE Coir.mifTioncrs may fell by Bargali. ..nd Sale, all the Lands, Tenements, Hereditaments, as well Copy as Freehold, which the Bankrupt had in his own Right, before he became Bankrupt ; and alfo all fuch Lands, Tenements, lip.d Hereditaments, as he (ball have purchafed or obtained by Money, or other Recoinpente, jointly with his Wife or Children, to the only Ufe of fuch Oden- licr, and ail luch Ufe, intered. Right, or Title as he diall have in the fame, v.liieh he may part withall. This mud be by Deed indented and inrolled; and bargainee n..iy not enter t\\\ coinpojit, with the Lord and Admittance. The Commiirioners may likewife afl'ign all the Bankrupt's Fees, Annuities, Oriices, Goods, Cliattels, Wares, Merchandizes, and Debts. If a Bankrupt after his Bankruptcy purchafc any Lands, Tenements, or Here- ilitaincnts, iiee or Copy ; Ofiices, Fees, Goods, or Chattels ; or in Calb any of tiicni diall ilefcend, revert, or by any Means come to any Bankrupt before his Ddits are paid, fuch future Acquilitions are made fubjedl to the Commidion, and nuy be a'ligp.cd. 'ihe Faher, 0.1 the Marriage of his Son, covenants, during his own Life, to pay him filtc-n Pounds />n becomes a Bi.iikrupt ; and the x\flignec litis a Dill ag.jnd the 1 ather, to have the Benefit of tlie Agreement, and to com- pel I'aj incut oi the fifteen Pounds per Ann. It was held that the Adignec is not iiilitii.d to have a Performance of an Agreement made uith tlie Bankrupt. A Lc- !3f;/c.C. ;. ,S. t. Hjrgain and Sale of a CopyhiiM by Commiflioii- frs paflc, the i:it:.f. ami n'llt it in the AlTignivs «itlii'".t Ad. miiiarce CV(3. Car. 560 I i £/ix. C. 7. S. ,. 4;!.S. C 1} K/ii C.7. S. II. M ,y„ V. Ill . lit. i I'i'ri. ly^. > • ^i '] ' i; si nu \^ i, ll • !■■': If ll :- ; : ; i m : ^^ 53^' i;« im 7i»/i« V 2 '.'* 41 OF B A N K R II r T C Y, A 1,1'gacy given to a Bankrupt hcforc \\U nankriiptcy w.is.tlugncd. If :i liankriipt convey to Iiis (^Iilldrfti, or oilier IV-rlbns, any of his real or iht- Eulliclud (ox\.\\ I'^lLitc, exc-'pt the fame (Ihill I'C pmvlialed, or conveyed, or transfiTred m iv'rcc' i.>r I'is (.liililrcn in C Lands \c\ Mortgage to he fuld, and the Surplus to ho p;iij hi, DiUi^httr, v,!io married a Man uhu foon after became IJankiupt ami die! ; upon a Bill lirought by the Allignees againtl the Wife, to liavc the Land fold anj Jn: Surplus paid to them, the Court difn)iifed tlic Ihll. MtKi Cifc. As to the Sale of Lands in a Hankru|>t"s own Polleflion at the Time of his F;ii!. ing, tbx" Cafe of y/Z/iv/, in the r/'i;/;<.-_;', i "Jac. 1. is a very remarkalile oik- ; ;inJ va> as follows: liJicn-ils, a Citizen of i'c/-/', who had lerved the Otiice ofSlieriif there, being indebted to y^/ZAv/, llalhTjIcy, and others o^ I.oriihii, for Wares fulJ, lu'camc a lianlii upt j upon which yllhii and ILi/iiTjiiy, and foine other Cnilitor, of L'.ndvi, by a Petition to the Lord Chancellor, procured a Cominifliun nt" L'ankruptcy againft the faid lu/wiin/s, to certain CommilTioners therein n.>iiKil; who, by Deed of Ilargain and Sale inrolled, fold all the Uankrupt's Laiiu > yf/Lu And llnbiijliy ior j^ooI. the Land being then worth 2400/. but was loldfo cheap on uccoimt of many Incumbrances on it, made long hci'orc EthcnrJs ww', a Bankrupt, or became indebt-d to ylllcn, or any of the LcrJoihrs who fucJ out the Commidion. After this Sale, the Commiflloncrs, Alien, and the other petitioning Creditor?, upon full Confidcration had of the Bankrupt's Eflate, which ftood encumbcrcJ with a Mortgage, Statute, and Leafcs, made an Agreement with the Umiknipt and his Friends to this buffed ; viz. That the Creditors would take ten Shillings in the Pound for their ilue Debts, and HMti/.i and //'c;(/ were the Bankrupt's Secu- rities tor Payment of the fame ; and it was agreed, that A/A/i and H.i!;crji,y (haiilJ convey the Jinnkrupt's f^and to them for their Security, which Agreement wis certiried by the Commiflioners : and they did alfo certify, that .h'hn, after thi^ Agreeiv.eiit rtfiifed to comply therwith, and Ibught the Advantage of Law, to the great I ofs and lliiulrance of the relt of the Creditors, and to the Undoing of Eihivnh, his Wife, ami Children. In Exetution of this Agreement, twelve Pounds ten Shillings was pai.l lo one of the Creditors, and Books were drawn and ingrolTed by one of the Commif- fioners reaily for pert^ding the Afiurancc ; notwithAanding all which, yl/hi k- tiilmg the Agreement with Ifuirr/lty, preferred a Bill againll FJivards and others, complaining, that the Mortgage, Statute, and Leafes were all fraudulei.t, and the Aloncy being p.'iJ was kept on Icnit by P/acHcc, to prejudice the Creuiturs, .ii;d the Sale made by the Commin'oners ; Wherupon i'u/iiv/r.A, Uniiih, ami It'ood, preferred a crols Bill againil Al/tn and Hahcrjky, for the Perforn.ance 01 llie Agreement of ten Shilli'j^^s in the Pound, and to convey the Land to iWcA ard ^A c5c p;iij hi, ilii- 1 ; upon ivU aiu!;h.- •of hi, r.ii!- blc OIK- ; anJ itc ot'SlieritF - \\'.'.rcs m, her (."roiitur* iininilViun ot" crciii naiiid; :'s Laiiii . ) .It was ibid 1(1 KihcnrJs \v,is rs who I'ud ing Creditors \ cncumberci he Bii'.knipt ten Shillings krupt's Sccu- icr/lrv llwiilJ rccimiit w.is 77, after thi> i)f l.,a\v, to c L'njoing ut pail 10 one the Comiiiil- Ii, yllhi re- 's aiul others, diile::t, and 1- Crcuitors, 6'//;///', and rfurnunce ot and to i'wW \,v, finding it unpaid, or- 1 conveyed to lis done ac- Icirs, ihould Iroin th.; in- Iwa' left to the OF BANKRUPTC V. the Law 5 hut upon another Motion, liis Lordfhip had ftaycd the Liberate, after Extent upon that Statute ; and lb it relied. yllhii having gotten l!ic Inciunhranccs thus cleared hy the Court of Chahary, fought to hold the Lands for the 400/. only, whicii were worth 2400/. although he nad covenantttl with the Coniniinioncrs in the Bar-ain and bale, that if tic Lands were fold for more than 400/. within three YcMrs, he would pay the Overplus towarils the SatisfaJion uf the Creditors; and all InLuniheLuu cS kin" difchargtd witliin th;; three Years, as aforelaid, ):!t he would iioid tiic Land for 400/. and pay no more tor it. In another Term, ^//Av; gets a CommilHon out of Chamcry, » . the Sh^rifts of Tor-t there, to put him in I'odellion of the Land, upon th<' \ Deere, m Chiir.cery made for him; and AUt'u with the Under -Shentf, call ■ ar,h's Chil- drcji all out of Doors in I'roll and Snow, that tlicy were iiili 'A tu luccoar thcmfelves ina Ma(h Fat, and when fome of the 'I'enant:, <.A the .and woutd have taken them in, and relieved them, Aikn threatened to tiuii thei.i out oi t la: Tenements if they ilid lb; and did turn one of the TeiunCs oat of liiii Uout'^, who entertained them but one Ni^ht. AUb .Uu'.i tooii diver.s C'ttL a-'u iioj.is that were Ed-wards's Father's, and nut the bankrupt's 5 a.m tiie oid \L.ii laei.i^ for them in ihc Ki/igs- Bene 'j Court, yl/k'i procured an in'ia.i tion out ul J.jii/U\ry, and Ibid all the Suits as long as the old .VLm lived, win ihortly viicd ; and EJ- ^vmls and Iiis Wife at LonJ-jii, following the Suit to be r.li-ivea againft Ailittf (ilCil 1 botli together t !' the Plague, leaving Icven poor Ciiua.en 'oehind then. TIic Lord Chancellor, being informed of tiiis Lxtrcmity by Ftiition and Alhdavit, gave Diredion that the I^'U which Edwuna, Smiib, and I'/jod prc- .lir 's ill the Pound, ihould bo re And as Allen made no Eleitiori, but iiililledupon the Advantage, to have the Land for 400/, wo.».i 2400/. and would render nothing to the Creditor*, nor to the poor Children : 6 X The Sil .1' v:% I ■ .li^!' ■v^i. n iwm:»'i bi.J 538 OFBANfCRUPTCY. Tlic I-ord Cli.inccllor did now decree, that ////<« rtiouM receive the Money mciitioncii ui the KcjH>rt, which was itnich more th.iu ir) I'"quity wis any VV'avs due unto him, and convey the Lands according to the Kcport ; and lor not txr- forming this Decree, y///f« was committed to i'ritbn. Ti'ii Cttu/i lic^jn tbt 1 "fac, and inJed 1 1 'Jui'. I. W. 7»»rt. '• 'S 'j''' down as a Rule, that where the Owner of Lands, ^c, hy his own Adl Rep. 103. may not lontroul a Gift or a Charge; tliere, if he becomes a Bankrupt, the Gi!t JfwT 'an* " "'' '•'I'^'gc- may not be defeated: fo that if a Man bargain and fell Lands, and he. lU(/>j. fore Inrohnent becon-cs a Bankrupt j and the Deed afterwards is inrollcd ; in thjt Cafe, the Land may not be f Id by the Commillioners of Bankrupts, but thi; /U. gaiiue (hall hold the Land difdiargcd from the CominilFioners. And \vhc:e a Pa. fon gives Lands, upon a precedent Condition, to be performed hy the /)>;/,,, j^d becomes a Bankrupt, after which the Condition is jx-rformed, this dd'eats the I'owcr of the Commiflion. Althouj^h the Commillioners in the aforementioned Cafe cannot ftll ilic I.md, where the I'arty before Inrolmcnt becomes a Bankrupt, according to the RulciaiJ down by "Jones, yet it is laid, if he makes a Feoffment of Lands, i^wiX a Lcttirrf Attorney to give Livery, and then becomes Bankrupt before the Scifin is lidivorwj, thcfe Lands may be fold by the Commillioners. The Rcafon of tiie Diffcrcimr is, in the firft Cafe the Bargainee is in by the Bargain and Sale, by Pvclation t:oni the Execution thereof, and not by the Inrolmcnt ; and the Bankrujit tuuM rot by his own Adl defeat this ; but no Eftate in the other Cafe paffeth at .;i! till th: Livery be executed ; and then in this laft Cafe, his Letter of Attorncv U revo- cable, and his becoming a Bankrupt before the Eftatc is executed, is ^j/a/. a C^.... ttrmand or Revocation in Law. In Ejcdtmcnt, upon a f}>ccial V'erdiift, the Qucflion was, whether the r.rj/f or Barg.thue oi' the Commiffioners upon the Statute of Bankrupts, ofl.imli'i/ l^eed indented, may by his Lclfec maintain an Ejeclmcnt before tiie Inrolmcit d the Deed, although it be inrolled after the Adion brought j Here it \v;b LiJby the Court, that there is a great Difference between this Cafe and the Callot 1 liargain and Sale by the Statute 27 Hen. VII L Cap. 10. of Vies ; for the Kibs there paffeth by the Contrart, and the life is executed by the Statiiti' : Then comes the Statute of Inrolments, Cap. 16. of the fame ^'car, which eiiads, TLt no EJlate P:all paj's wit bout Inrolment of tt Deed iiulei.ted, and tlut iiita)i ^x Aknths, the Words of the Aft being, iiukfs it be hy deed indniffd and ir.<:..d, and therefore the Contrad is with the Party that had the Lflatc, and the Deal is appointed to be inroUed within a certain Time. But here the Commiflloners have not any Eftatc, only a Power wliithought Id f'vCw 'iTb,' ^'^ executed by the Means prefcribed by the Statute, with the Cirtumib:..es 197. thereby directed; that is, not only by the Deed indented, but innilltd alio ; And if they do not purfue the Adt according to their Power, there is no Exaution ur Eftcdt to pafs the Eftatc ; and it would be very dangerous to make any otlier Coii- ftrudlion, as no "^'xmc is limited by the laid Act for the Inrolment; for it vcr: inrolled any Time after fcven, or twenty Years, or a longer Time, it lUi rtlitc as well to the making of the Deed, as any Hiorter Time ; and Judgment wis given for the Defendant. I fiti. 361. ^ he Cafe being argued by Saunders, as reported in Fentris, he pleaded, thatii the Cult; ot Inrolment of a Bargain and Sale, the Deed itfelf pafl'eth the Ul'e, J the Statute of Inrolmcnt obllrudts the Operation of it till Inrolment ; but wicn that is done, it paffeth by the Deed : That here needs no Relation to avoid the Mifchicf of mean Affignments from the Bankrupt, bccauie he is reilraincd l.t:n the Tiir.c of his firft Adt of Bankruptcy ; and on the oth^r Side, the iMilchicli would be very great, if there (hould be a Relation I'roin the Inrolmcnt, in Re- gard tlie Statute limits no Time for the doing of it, lb that it may be inrclirf many Years after ; and if this Ihould relate to punilh nufne 'rrtjpii['es the Incon- venience would be very great, for fuch Trcfpaffcs are, until the rnrolnicnt, CAjX)la to the Adtions of the Bankrupt. That generally in Cafes of common Law, there is no Relation, as in theCi: cf Fe(;ffnient and Livery, but Aronm in Calcof a Grant ofaRcvcnioa, wbcrt OF B A N K R U I' 1 C Y. 539 the Attornment is but the AlTcnt of the Tenant ; yet it (l)all not rtl.itc to the Grant : It would bo hard it Relation ihoulii be admitted to make a Man liable to Trcf- pil's ; iiiid it has ban tiiiu h (luiibt.'d, \vliethi.r a Bargainee before an actual Entry tin m.iint.iin Action of 'Ircfiiafs. WrLu'ium, wJKr'' Mxicutori fell by Authority given by Will, the Vendee is in ihe/V t'roni the Divijir, but here in the Poji, and by the Statute; and it murt be very inconvenient to admit of Relation, bccaufe no Time is fixed for thu Inrulniciit. The fuii^^cs in this Cafe aftcrwanis gave their Opinions, that Sale by Commif- «m jo. liuncrs of I!ankiii[)ts, if of Lands, ougiit to be by Deed inroUed, and is void if tihcrwili-; and tli.'.t this liepends uikju the dilferent Penning of tho Statute from th.ii of Inrolincnt ; they likcsvifc nchi, that here (hall be no Relation. A S.ilc of intaili'd f-aiui.s liy the (.'omniillioners lliall bo good againft the Bank- rupt wui his Illiie, and bar I'crfons in Rrniainder or Rcverlior, as much as if him- Itlt li.iii futforcd a common Recovery. A Cafe has been put on this C'laufc of the StJtutc 21 Jiic. I. If Lands are fettled oi /I. and li. his Wife, before Marriage, for thiir Lives j and .liter their Deceafes, to the Ufcof tiic firft Son of their Bodies liwfully Ivgotton, and to the Heirs Male of fuch firll Son ; and for Want of fuch lli'ue, to the IJfe of the feiond Son, CJ'i. in 'i^\\ Male, and fo to the tenth Son ; ji. becomes a Bankrupt bel'ore he Ii.ith a Son j whether the C'oinnullioners may ftll tlicfe Lands, and make a good Lllate to the I'urciiafer ? It is held they may j lur though A. is here not Tcii.int in Tail, but a b.ire Tenant for Life, the Words ill the Statute being, that tiie Bargain oitJ Sale Ji.all be goni aga'mji all and every titer PxrJ)iior Perfoas ii'l. ullially done, fo that the Father could by no Means debar it by -..ly Aiil hr could do, tlien it would make a greater Qucftion ; and yet iftlieCoi.iminioneis could not fell in fuch Cafe, as Settlements are generally made now, the Act in this Point might bo ealily eluded : However this is to be under- ikou in voluntary Settlements. la Coniidenition of Marri.ige, a Man makes a Conveyance to the Ufe of him- Cjny/^^. «:. felt" and his Wife ; afterwards he 'oecimies a Bankrupt, on which a Commif- fion ii t.ikeii out, and the Lands arc fold by the Commiirioncrs ; the Sale has ba-n adjudged gov. 611. lib. ilA«.v» R^T. is v itlunit Qjicllion good I and lb arc all the Ac'h he diuli, licfure he com-s to ?/t !'■•. i'PI''^'"' to K" A Haii!:rtij>t. Ill t'.ill a D.iiikriip; n.ith I-andn in Hight ot' his Wife, tliey iniy he fulil ,l„rj,|, the C'nverturi'i uml it" (he he a /vwi- HJc Merihaiit in I,:iiil n, ihc Ihujh,,,,^ l}.i.'ikiii|t, thi- v.h..L' lli.ill lie lolil; .iml it lli.ill he countiil the Iliilluiij, ImiIIv ti) lullir her to tr.idc, .mJ her Tr.uliiif; llull he Inokcd upon .;.s his, , thai (he ami her l".rt,iic in Trade Ih.ill h>; afteited hy hi^ M.nikruptcy. Dm ,1,^. Power of a Uaiikrupt'.s Wile ihall never be lohl, unlets (he nurrics one tLt is a li.iiikmpt. , y^,. I. It i.sele.iiy held, th.it it' two IVrlons are jointly (eiled ot" Lands, amlnnthc totncs a Uankrut't, his NUiitty may he luld by the Coniniillionei> : even tiiou h lie he dcail, and the Survivorihip Ihall not take I'laie. " Om «r.., I,;. And wiiere t\M) \\'()nK'n arejuint Tenants of a I.eafe for Ye.irs, and one takc.e, or OHic ftf TruA v.hiili is annexed to the IVrlim, and m.iy not hee.xeiutvd by a IX-. puty; for if futh Utlieer abftnts, he fuifeits his UtHee, and then the Ki;i'. grant is over. As for I-.'.nds morti;a;;cd, or Kll.itesori Condition, by 21 JiU-. I Chap. i.),'ii a Mireh.iiU makts a l'eo(Fmcnt on Cuiulition, /A// iipwi p,i\in^ d ci'Uii'i H^m I.: iiwy rt-c!:li> , and then becomes a Bankrupt, the C'ommidioners- m.iy tciiiicr t.''.: Money at the D.iy, and make Sale of the l,aiid. IJut where Lands art mort- gaged to a Bankrupt, as of a Feoflinent in Fee, in Con(ideration of a Sumol .Mo- luy, to be paid to him and his Heirs, provided that if the Feoffor do net pay luJi a Sum on (uth a Day, tlien the FeotVor is to make it an F, Hate ahfulutc: The Feortle beeomes a Uankru]n, and the Money is not paid on the Day; the Com- initiioui-rseannot by tlii^ Ad foixc the I'eotfor to make an abiijlute Fee, thouj!i C/.'iiiiL\ry will comiH.1 hint. I Clun. Cafp. By the Statute, the C':mmi(lionrrs are cn.;bled to perform the Condition, &■. of a Mort/.u^c ; but if the .Mortc^aj^e is foiteited, it has bt-en formerly a :;Jj(.'-.' whether tlie Commiirioners mi<,'ht difpole of the Equity of Redemption; biilScr. jeant Nt-uiii^id' laid it had Itcn ruled in i'.i.aiictry, that Commillionerj nuy al- lii;n an Equity of Redemption. Where the F.q'.iity of Redemptic 11 of Lnnds mortgaged was conveyed over 10 a tliird I'cilon by a Bankrupt, after his B..ni;ruptcy, though before the Ailli;nmcnt of his I'. date by the Commirtioncrsj Lord Chancellor ftilbot held tlut iiuthi.y palled by this Conveyance ; for Creditors after Bankruptcy are in Nature U I'urchallrf, and h.ive a prior I.quiiy to uny other Perfons. 7*«//»/'i Cale, ^,,(1 .^j; ^\^^. Stat'.itc.s c M>ccrning Bankruptcy arc found on fuppofeil Frauds ofthe °' ^^' . B.'.iikrujMs ; and cu:ifequentl) intended to put them under Oilabilities to pri'judii: their Creditors ; lb his l.ordlhip decreed, that the Mortgagee ihould re-connvlo the IMair.tirt-", the Alrgrce, iij>on F.iyment of the Principal and InterelL In gin.er.il, no Pcrlbn lliatl he allowed to come into Equity for a Redemption, but he that has no le;^al hJVate of the Mortttagerj and where there are proper Perfons a.s Allignecs to •;ct in the F.llate of a Bankrupt, a Conit of Fqiiity will not futicr the Creditors to hi in;; in a Bill in order to redeem 01 cover thatEllitc, mdel's the Allignecs under a Commillion make Defaulter coUu-dc with a Debtor, when a Crcditcr m.iy bring his Bill, in order to takq Care of the Ellate, ind charge the Aflij^icc with fuch Collufion. 21. 7*; U If a Bankrupt, before his B.'.nkruptcy, fells his Goods to other I'crfuns, and c. I J. s. II. keep' and difpolcs of the lame as if they were his own, fuch (Joodb llull be ibid by tlie Coiniuiinoners ^ and accordingly it hath ba-n always fo adjudgni: A And J I m. i)- Kr,. J.. 31 Faft, I, '40. OFBANKRUPTCY. 541 Anil if a Man, with an Intent to fupport the Credit of « Oaiilcmpt, fuffcrs him to have lii< (j'.>od> in his Cultody, and to difpoft of them, ih<* IVoperly ut'thclb (;o(kI) llvill be accounted to he in the Bankrupt, and not in the truo Owner i tur tlie Owner ihall lolc hii Right, as a Punilhment for hit falle Dealing herein, and of the MiCthicf* that may grow by fuch Device* to evade the Laws j and the Law cannot take Notice of futh private Things done b«twcoii the Parties, but will judje of them at they ap))eir to be. If one becomes a Bankrupt after an Enttnt and before the Liierate, and the ' i'" Abt. Comniidioncri fell the Goods to the Creditors 1 it has been adjudged they tannot '**" be lold. Though the Words of the Sutute are, TAa/ (he Cemmijiontri bavi Po-^ir f> ffll thi Goods u(>iii> were bit at the Time that ht became a Bankrupt ^ notwitliti-inding he becomes a Bankrupt before the Liberate \ and although the Prupcrty remuinii in the Conufir until the Delivery by that IVrit j yet the Extent lu8 boiip I the (luods fo, that when the Liberate ^omta it defeats this, and di* vcds the Protwity of the Goods out of the Conufir, as to any mean Adt or In- cumbrance, frmn the Time of tlie Extent. In this Cak-, all the Court rcfolvcd and feverally delivered their Opinions, that Crt.c,,. 149, thofe Go(jd8 extended before the Party became a Bankrupt, and delivered by xht'j'"'^ '''"*'' Liboate after he was a Uankrupt, could not be fold by the CommiHioncrs j bccaufe they being cxtcruled, arc nuali in Cujhdi-l Legis, fo as the Conufors have not any Power to give, fell, or dilnofe of them j and tncy areas Goods ga^ or diftrained, wlikh cannot he forfeited by Outlawry, or taken in Execution, from the Perfon that has them in Ciage, or by Way of DiArcfs, without Payment of the Money, lor the Goods arc bound by the Tell of the Writ of Extent or Execution fued. They alfo held, when tlic Writ of Liberate is fucd out, it has Relation to the Writ of Kxtent, and they are as but one Extent] and the Goods are fo bound by the I'.xtent and Apprailenicnt, that the Conufor hath no more Property in them huij'iunduni f^niJ, that is, if the Conu/ee refufe to accept them j for it is a con- ditional Writ to deliver the Goods to the ConuJ'ee, '\i he will accept thereof, and when he accepts them, they are bound ab initio. And they all conceived, that the Statute being with an Exception, when Execution pr an Extent is fcrved or executed ; that this is to be accounted the Execution of an Extent, when the Goods arc npprailed, and the Writ returned j but fo long as they remain in the Hands of the Conujbr, they may be fold j but when they are delivered by the LibiTiitc, and the Extent is returned fervcd, the Gopds are not fubjedt to any other Execution, nor the power of the CommiHioners, to meddle with them. An Execution was fued by a Perfon, the Money levied, and in the Sheriff's 1 J«in toi. Hands, and the Man bccume a Bankrupt: By the Court ^ the Money recovered ^.™-^"- '** in the Hands of the Sheriffis not alTignable by the Comipilhoners to the Creditors, /»<«/•• r. for it is in CuJiotUa Legis. g',"^' *""* But it is neverthclefs held, that the AHignees of the Cpmrniflioners may bring s,"ihe caf« a fiire /oiias agiinft the Defendant, in Cafe the Money lie in his liands, in of *^"* »• Order to try the Bankruptcy, and fo gain the Money recovered by the Bankrupt. c« •i',*"'* One Tbompjon had a Judgement againft Watkins for 600/. and tlie 19th of June 1 ^,»''i9j. fued out jijieri facias thereupon, which the 30th of June was delivered to the ' ^•'- 9i- SheritFin the Morning, and K^atkins having Notice thereof, in the Night of the func Day departed from his Houfe, and tlwreby became a Bankrupt j the i ft ol OMer the Sheriff levied 400/. of the Goods of IVatiins, and paid it to Tbomp/bn, and the CommilTioncrs afligned it in the Hands of Tbompjon to tlie Plaintiff, as the Goods of H^'atkins in his Hands, for which an Adtion on the Cafe was brought, and a fpccial Vcrdid on it found ; and being learnedly argued on both Sides, a Judgement was finally given for the Defendant. In an Aftion of Trefpafs brought by the Affignccs of Commiflioners of Bank- w,//,>, v. niptcy, for taking of their Goods ; on Not guilty pleaded, the Jury found a fpc- ''^*""A/''"- cial Verdia, the Subftancc of which was as follows, viz. One T(fJa(fy, a. Vint- \^C' ^' nor, on the 28th of yifn'/ became a Bankrupt, a^nft whom a JudgenKnt was formerly obtained ; the Judgement Creditor fued out njieri facias, and the Sheriffs of London by Virtue thereof, on the 29th of >f/n7 fcized the Goods ofthefaid 7op!adyi «nd after the Seizure, but before any VeruHtioni exfoiuu came, an Eaj- 6 V tent. >< l> •! t ii . ,ii •■IH hi :-i: m 54t f 5 I: i S'llfi '!J Ltthmmv. .Val. iMU 236. O F BANK R IT l» r C Y. tciit, wliitli is .» Pierog.itivc \\'iit, illlifd out of tljc Excbfjtwr, againll two IVr- Ibns \aIio were iiidehtcil to the King, uml by Inqtiilitioii, this Toplii,iy was foiiiKi to be in Debt to them, whereupon Part of the Goods mentioned in tlie I'laintitys Declaration, were I'eizcd by ihj Sheriff, and Ibid, and the Monej' juid, Uc. but before the i'.iid Sale, or any Execution of the V.xcbfqucr Procefs, a C'oinmiflion of Bankruptfv was had ugainl 'Tcpl.uiy, and the Commitlioners afli^ncd tlic (j'ocxis; to tlw i'laintltV. The (^ertion here was, whethci this Kxtcnt did not conic too late ? Or whether k\\c fieri facias wa:; well executed, fo that the AlFignees of the Bankrupt's I-^lhic could not have a Title to tholi: Cioods, which were taken before in Execution, ami fo in C'ullody of the Law ? The Court adjudged, That the Extent, thoiigli a F'rerogative Writ, and likcwifc the Allignmcnt by the Commillioners of lj;-.iik- rupt, cair.c ttx) late, bccaufe the Execution being well 'xccutcd, the Goods were inatie liable to the Judgement Creditor. A I'crfon that is a liankrupt, becomes l\lulc fc; it has been a Queftloii, whe- ther the Cominillioiiers may aflign the G(X)ds to be fold for the Creditors, or if the king ihall have then:? And it was rcfolvcd for the Creditors: For though it is adjudged in Lady Half's Cafe, in PloxvJcn, that when two Titles come to- gether, viz. the King's and that of a Subjeiit, the King's Title fluiU Ix- pre- ferred ; yet the King by the Adls of Parliament has given away his Title to the Creditors : And neverthelefs this may admit of a Difpute, the Judges never ccnlbuinga Stat'itc to give away the King's Right, but wherein he is mentioned. Stc If. J^nri In a QueAion whether the Creditors by a ComniifTion fliall have the Goods of "^T; '°^ a Perfon outlawed ; It is conceived the King fliall have them by Outlawry, (2c anil >ir ,^/wiii ' o / ;i >-"■ Ami; Cafe, w here lie has a 1 itic at common Law. fM. } Car. i. j„ tj^^. Clivicery, it has been decreed, that Money overpaid on an ufurious Coii- tra(5t, as where a Sum is lent to a Perfon in neccflltous Circumftances, at fix or ei^ht per Cent, who afterwards becomes a Bankrupt, fliall be accounted for and rrfundcd, Ptfiii'-Mi V notwithftanding the Agreement of the ojiprefled Party to allow fuch Payment, Da/titcJ. and the Securities therefore to be delivered up. But in the Cafe of .Money lui> ''"'*" '^*''' at Gaming and paid, the Court will refufe Relief, where it cannot be recovered '* ' at Lawi for there the Plaintitf in Equity is ^rt;7/tr during his Life j and after his Death the moral Obligation is not at an End, hut he ought to take Care of her Pro^ii/ion during her own Life. This is the more rrafoii- able, as during the Coveturc, the Wife can acquire no Property of her own. Il before the Marriage flie had a real Eflate, this by the Coverture ceafes to be hers and the Right thereto, whilft flie is married, vefts in the Huiband ; her perfonal Eflate becomes his abfolutcly, or at leaft is fubjedl to his Controul ; fo that unlefs ihe has a real Eftate of her own, which -s the Calc but of few, flic may, l)y l>is 3 Death, tvb » Inft. J I'etr If,//. 6 J 4. Sir 7./. 7<. {J't Argu- ment .Tnu Re fululiun. OF n A N K R II P T C Y. 543 Dwtli, 1 e i!i;ilit'.ifc cf the Ncccniiries of Life, iinl'.fs provided for one of his Eftate Iw a [oiiituri; Of Uo'.vcr. As to the llulhand's perfoivil Elhite, uniefs reftrained 1)1 ftiui.il (.'ulloin, wliich very rarely taices I'laee, he inay give it all away from he.'; /^ tl-'i" 1-'^ ''■•■/ l'il't<\ if '^'' ^^"'1 ""Y, " l^J<-' only Plank jhe cc.n lay hold of ta finv'/tt hr /inki-i'j, unikr hi:r DijtrcJ's. Tims is the Wife laid to have a moral Ki;:Iit tf- her Dower. The I liinviiid, (Ml the Contrary, has no Right to a Tenancy by the Courtcfy, but from polhive InlUtutioiis ir Prcv iiion of the Laws : His Right ilov-s not arifc from tlic Rel.'.tiuii of IJiilh.imi ;.iui VV ite, for then every Hiilband would have it, which is not fo ; nor dolh he want it, if it he not his own Fault, or at leall his Misfor- tiine. Dining the Coverture, he i^ Mafter not only of iiis own, but of his Wives Eftate; and 1)> hi.. Indullry and provident Care, may acquire Property fariicient, wit!\out any I'art u\ her iMlate, to maintain himfelf after her Death : So that the Ilulband's Tenancy by the Courtcly hatii no inoral Foundation, and is therefore properly lliled Tenancy by the Courtefy of England; that is, an Elbte by Favour of the Law of Iinv,liind. Dotivr alfo is a" legal Right created by Law, which fettles the Quality of the Eftate out of which the Wife's Dower arifes, and likewif.- afcertains the ^an- jiiw tliereof. The common Law fays, the third Part is rationabilis Dos -, and a ibetid Cuftom, which is lex loci, enlarges or abridges the common Law of Uower, and gives the Whole, Half, or Icfs than a Third. The common Law likewife alcertains Dower, with refpcdt to the Nature and i Inft. sj, V Quality of the Huftiand's Elhte. It fays, the Wife's Dower muft come out of fuch an Eftate as would defcend to the Illlie of the Hulband by that Wife j and gives Dower of the Huftiand's Seijin, though not adtual, or reduced into Foireftlon ; it annexes Privileges to Dower .Is not to be liable to Diflrel's for the Ilulband's Debts to the King, much lefs for any due to the Subjetil j with fcveral 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 C(-urfe of fsatuie, at leaft in this Part of the Word, i. feems impofllble ihe ftiould hav.- Krr.e, or be pregnant, viz. at nine Years old. But it is not fo favourable tu a Tenanry by tlie Courteiy, which it allows only in the Cafe of i. Seijin in Deed) it annexes no Privilegti thereto. And though the Huftiand may be Tenant by the (." iirtely of a common Sans Number, of which the Wife is not dowable, yet that ib bcc.uile of its IndivHibility ; in which Cafe if Dower was allowed, it would be injurious to other Perfons, and tlie Lands be doubly charged. Thus the Law, where it can julUy do it, prefers the Title of Dower to that of Courtefy. Uower is alio an equitable Right, and fuch a one as is a Foundation for Relief in a Court of Equity. It arifes from a Contradt made upon a valuable Conlidera- tion, Marriage being in its Nature a Civil, and in its Celebration u facred Con- Ui> ' ■ ''I Ifyt ^n S' 1 II m *xKr %A ' Sk ISSi 1 1 i 546 O I- B A K K R U P T C Y. the Copyhold. WhtKfore thcr atT'ecd Judp".'r ..it (hould be entered for d. Plaintiff. Having c.vhiHitcd the'e C afr-^ concerning the Wi'.', nn\e >.^i-iccinin'^Jrf>iira^i: o.;...««7//j before Marriage, and I'j. viJions of I'arents ».ft;r .*) paruli Settlements ARE frequently made before Marriage; and the fitted and fccureft .Minrc of making them is as follows : The intended Wife names Truftces of her own ; and that Part of her Fortune cr Eftate, which (he or her Friends think fit to fettle for fuch ftpari'tc I'fc, is, vitj the Privity and Confeiit of thr Jitended Hulband, and who oujiht alvvavs to b< made a Party to tlie Deed, cuiiveycd or afligned to fucii 'rrullcr.". for her lukMrJ feparate Ufe and Benefit, antl »o and for fiich Ufes, Intents, an I Purpoks, .u t!;; faid inte.ided Wife, by Deed 01 Dt -ds in Writing, or by her laft Will, (hall direct or appoint: And there is a particular Agreement that fuf.h fvipaiate Hll.ue ili^il not be fubje(il in any Relpedt to the Debts, Conliol, or iMigai^cnunts oi' (h; Hufband ; but that the Trullees are to pay and i'pply fiidi l"ep.ir.Uc Mftjic, cr the Rents or Irtercft thereof, into her own proper Huni^.s, or to pLrmit k:, or her AlVigns, to receive the fame for her own knaratc Die, e.xclullvc ol' Lr Hufband, as (he (hall appoint. And by tiiis Deed t'ic intended Mulband ufually covenants with the Trullees, that they (liall quietly cnjoy fuch feparate ElL'tc or Money ; and he conllii s to the Settlement ; u..d he agrees that any Deed or Will that llie may m;'kc, accord- ing to that Deed, fliall nave its full Effedj and that he will not obilraJ the Execution of the fame. Thelc feparate Provilions arc alfo frequently made by Deed or Will, by Parents to their Daughters th;'! .^re tnarried, as a Provifion for tlieir Support ami Main- tenance, in Cafe any Mistbrtuncs or Lollcs may happen to their Hulb.mds; .irj if they are fecuif.d in tl 's Manner, they are effectual againft any of the Hui aanci « Chan. Rep 79- - t fH. 17. lh< ! -1 ul /•„. . tui. 1688. Creditors, or any Incu iibrance or A.t\ oi Bankruptcy. And the Kealbn why Settlements (hould be made in this Manner will jppur from the following Cafes. 2 Ch«n Rep. A Widow makes a Deed of Settlement of her F.ftatc, and marries a lecond ^^j yy^''^',"'^'' Hu(band, who was not privy to that Settlement ; and it appearing to the Court, that it was in Confidence of her having (iicli an filiate that the Hufband iiurried her, the Co'.?rt (et afidc the Di.fd as frauilulent. So where ihe intended Wife the Day before her M.'.rriagc entrrcd into a Re- cognizance to her Brother, it was decreed to be delivered up. So where a Conveyance was made by the Wife before her .Marrirge to Truftecs in Truil, that they (iiould pennit her to receive the Rents and P:otitsofthe Eftatc, and ad in f;vtry Thing as (lie, whether Sole or Covert, dioiild ippoiiit;. the Lady being crazed in her Underlhmding, endeavoured to ri' 1 aw.iy horn ha Hulband, and Itirred up her Creditors to llie him ; ami the Cor. .vyancc apivirin; to be without the Hulband's I'rivity, the Lord Chancelloi held it to k in Derogation of the Rights of Marriage ; and deciecd the PolittVion ot' the fl'uK to the Hulband, and a Conveyance fiom the Trudees to tiie Six Clerks, thit it might be Subject to the Order of the Com t. A Woman, on Agreement before Marriage with hor Hudiand, bJii^ to be AVz-nM. :iiiJ ^ Power to adt as a Feme Sole; and the Hulband dying, and (he niirryiiig ;ipii'''. ».(f.Mj;/»«. ^1^^ jecond Hu(band, not being privy to the Settlement on t.'ie firll Ni.irnajc, il was decreed, that the fecond Hulband ihould m-t be bouni! by the StldcmiPJ made on the former Marriage. A Cafe cited to be decreed. But when a Widow, before her Marriage with a fecond Hii'l)and, allipw over the greateft Part of her Eflute to TnilUes, in 'l'ru*l for (.:hiiJrcn byhci l(;)rnKT Hulband; and though it was infilled, that this was without the IrivitJ of her Hufband, and done with a Defign to cheat iiiin, yet the Court thoushi tiiat a Widow may tinis provide lor her Children, belbie llie put hcrlclt «:'.« the Power of an Huiband j and it being proved that Soo/. v.a;. thus (Ittlcd, i""! llbt 2 r.rv I tr":. Job. ilnul .iiul t:-lS^ entered for t.,; 1 Frcc-Bcncli, I rriagc, and I'.j. fccurcft Mm;;;: of her Fortune ijr "I'tc I'lc, is, vit'i lijlu always to Sj ':•:. for licr iblc apj 1 I'lirpofcs, is tb Will, iliall (lirca jWiatc KllAte iliall igatTcnu'iits of th: l'c|v.irate Mftatc, vt or to permit Ikr, ', cxclulivc of licr witli tlie Truilitj, and he coiiltivi to may nv.'.kc, actorJ- ill not olftrvt \k ir Will, by Parents Support aiiii Main- icir Hufb.mds ; .irJ ny of the llulbaniii Manner will appear id marries a fecond caring; to the Court, Ihc Uulband married entered into a Re- U.urirc^c to Truftrts iiki I'lofits. of the L-i t, ihoiild .ippnt;. ni 1 away from het lor, /evance apiK-irin; 1)1- held it ti) he in [itllion of tiie i;i'utt |iic Six Clerks, tlut ■■and, kin? tobw ilic iv.uryms ■.>;;™. lie ini\ Marnajc, H by the Settka-.;r'- It Iliiihaiu'., atlipid Ifor c:hiUrcn bv^ 1 without the Ifiuty the Court thoujM ,c put lierfeif ii.fc Ivai thus kttlcd, a^i [hit OF BANKRTtPTCY. 547 ih.it the Hiifband had fiipprcfTcd the DetJ, he was decreed to pay thi whole Money, without diredting any Account lyUliam Davijbn having dcvifcH p. Lcpcy of 6oo/. t" '..is Son pav'j.ent twcniv- r,,/^,^^ ore, for which he \\:A Iitaiacd a I\v.rec, and J37/. rcpor.ec' liut • Sef^ir^ -><^'",/' ,- rccived the Money lie became a Bankn!,ii, anu the Commiflioners ?fli t would continue the F.xeciitor a T'rullee for the i'eme Covert. Whereas i); the prefcn^ Jafc, the Devife being of Lands in Fee to the Wife, who by the Vv'ill icly had ;u-. imme- iiutc Title thereto, the Hulband nnift confcqucntly be ntil.ed to (he Profits i:i lur Right. That there w.is no Trull, the Teftator never having intca Jed »o truft the Huf- b.ind, and the Wife could not be a Truftee for he tclf j bcfidcs,, iie ilulb^nd couli. not be a Tru lice for the Wife, they both being l)iit one Perfoti. On the other Hand, the Plaintilf'-- < aunfel would have Kudpar''- hvlJence, to prove that the Teltator did not intenr lefe Lands ihould be liable to th " Hulband';, Debts ; but the Court would not pi lit fueh 1:!\ idence to be read, it being in the I. Ill' of a Uevile of Land, which In- the Statute mull he all of it in Writing. .■\s to the chief Point, the .Malki ■ >f the R'JIs took it to be a clear Cafe, th;U It Wds a Irull in the Hulhand, and that there was no Difference where the Trull wa^ crtMted by an Adt of the Party, and where by the Adt of Law. ll 1 Ihould devife that my La Is ihould be charged with Debts or Legacies, my Heir, taking fuch Lands by Dei jnt, would be but a Trullee , ;; nd no Remedy for thefe Debts and Legacies but in Equity : So iti the principal Call, there being an apparent Intention that the Wife ihould enjoj' thele Lands to licr Icparatc Uli; : by that Means, the Hulband, who would otiierwife he entitled to take the Profits in his Right during the Coverture, is now declared and nude a T'ulhx for his \y\.k\ and admitting the Hulband to be a Trullee, then the Argument of the Creditors having the Law on their Side, was inmiaterial; as if the Bankrupt had bxa a Trullee for /. 5. hi» Baukruutcy fliculd not in Equity alFedt tlie Trull EllaiCi P ii , ■ ■ ■ '' 1 , 8 tjl » 1 ■ i j i Ml . '\ '\-M i ' 'v M fl' ,11 hi^ Ihi! r' I ^m-' .-4:- -. 54' O !• W A N Iv li I' I' r s. J I' f^-r)f<. hi'JI. Tfin. 1(,|!9. t'lttti n-'Miff i:ilatO; aiul lli.it tIiou;;lj the Hudriiul, the U.mkriipt, in^Iit ho Tcnai\t l,,t!it CoiiitdV, VL-t hi' ihoiiUl ht.- hut a TiL-tlcc for ihc IIcii.; of tlvj Wife. Aho when tlK Tclhit'or hul ;i I'owvr tn (Kvilc thi; I'lciuilcs to 'I'mlVjcs tor tlio Icjurai:: Die t'l" tlic Wife, this Court, in C'i)mpli.incc \vi*h liis ilccl.iivl Iiuciitiij'), wdl fupply tlie Want of thcin, aiv.l in.iUc ih-j Miilli.t.u! TrulKv. Ami \\vt IX. fciuLuit, the Aliigiiir, wlio < l.iimiiii; iiiuk-r the lliiibrid f.in Iitvc iim iieitor Kight than the ihiih.iiul, imill Juin in :i Conveyance for ll"j leparatt L'k cf the Wife, \\hi'h v.as Jtcnril iio-yijiir^fy. The Defcnilani!. Telhtor hy his Will clevifed 8oo/. to be paid within (w Moni'n after his Death to one Mr. D.;/i»f, in Trull, that he (iiould lay it out niul 'm\t:\\ x ill a I'uriliale for the Denefit of the Wife of /. .V. and to fettle it fo, ai aficr th Death of his Wife it might come to her Children, ami the Interetl in the iik-.u 'lime to he paid to futh IVrfons as ought to receive tlie Profits. J. S. liecomcs^ Hankiupt, and the I'laiatift", as Alhgnec under the Statute, would have the Inttaii of this .\l(jncy decreed to him, during the joint Lives of Baron and Feme. /'i7- Ciiriii'ii : This nut beini; any 'Trtijl cr,;ttci1 hy th Hiijlhiiid, or any Ju't' out of his V.JUitCy hut given by a Relation of tlie \\'ife'.s, and intended for h.- Maintcn.incc, it is not liable to the Creditors of the Hufhand, and the i'laiiiiitf haih no Title 'h'.reto as Allignee of the ConuuilTion o( Bankruptcy ; an;! that- fo-c iLti\iil it (!ioiiM be paid to Diji/w the Trullce, to be laid out in Land, uid fettled according to the Will. The Cafe of J)nii\- and the Mijy. of Exeter was cited, where the're wa.i a Lwi'; for twenty-one Years, with a Covenant for Renewal at the F,nd of the Term i ihc Lcdee became Bankrupt ; adjudged, the Aflignee under the Statute lliojlj have ncj Benefit of that Covenant. tl'iu'Ur fr,i//iiigir by his Will left to his Niece Elh.itlh'tb Taylcur, an Intimt, 7<,«//.«*'ul. looo/. payable after the Death of the Teftator's Wile, and at his faid Nica'sA^c V. ,r,:i,a-,<. ^jj- twenty-one Years, if llie (liould fo long live. The Niece married I. S. without the Knowledge or Confent of her Father; /. '. I l\nU;:i. being at that Time much in Debt by Judgment and otherwife ; and g.aincd tiit iisj.Cjfi-ii.o. yodiig CJentkwoinan's Confent by the Iiirtucnt:e of a Maid Servant, whom lit crm. j^^^ liribeil to his Intereft. The Niece was about eighteen Years of A'^c. Soon after the Marriage, /. .V. bec.une a Bankrupt, and the ComiiniVioiicr^ o: Bankruptcy afllgned over all the l.llate and Flfe^Jls ol' the Bankrupt to tik' I'lii;- tirt"'., in Truft for the Creditors, who brought their Bill for this l,emc\ ; th: Tclhitor's Widow being dead, and the Niece being about twenty-one Years cIJ, and cor.(i;quentIy the Legacy due ; and the Bankrupt had two Children by In; Wife then living. This Caufe comiiig on before Baron /'//( .•, in the Ablencc of the Lord Chan- cellor, the Baron, in Regard to the Creditor.,, did decree the Lcg.icy and Iiitcrcl to '.)'.• p.od to tlie Plaintirts. But upon an ApjK'al from that Decree to the f.tJid Chancellor, his J.oniihipil;- daied, that forafmuch as the I'laintitVs, the .Miignec^ of tlie Cummiiiioii, cljini.i under the Bai'.I;ru|it, tluy ought not to W in a belter Cafe than the IJaiikriiptiiim- felf; and lince, if he had brought a Bill tor his Legacy, the Court would not li.uc allowed itliim, without obliging him at the lime Time to make fome I'roviliontor the Wife and Children ; lb, for the fame RiMli;ii, when tliife claiming under ib Bankrupt, and who muft be cxadly in tlie fame Cafe as he himfell wdiiIiIIm': been in, come for l-lquity, they ought to do lujuity, wiiiili would bv to provi.:; for the Wife and Children of the Bankrupt, from wliom they derived tluirCliin. But with Regard to the Intercll of the .Money, as the Bankrupt ominoaiy wa> al- lowed to receive that, lb the Allignecs ought to leieive the lame during' t'l: Bankrupt's Idfe ; alio if the Bankrupt's Wife ihoiild die without llilic, tha the Bankrupt would have been allowed to receive the uhole Money, and there- fore in fuch Cafe the Atlignees ihould be allowed to leceive It alio. However hi.s Lordlhip laid, that as a Judge had been of a contrary Opinion, he \' iiuld take Time to conlider of it. And on the Caufe coining on again, the Cafe of 'Tiy///- and //'/'.<■//• wai eitui; and it was moreover obferved to tiie Court, that the Bankrupt h.;d in t'lis Oi'e g.iincd ]>is Certificate and was diltlurged, and tJut the Aliii^nment n,.i(L' to the 6 Complaiiunt) 171-1-. <-'. Cmi'i'rr, Alir Cafci in Kq. Mi — Ml OF BANKRUPTCY. Complainants being before the Legacy was vcfted, if they could not now fupply the Airignmcnt, by making a new one, the Confequencc was that the Legacy was veftcd in the Bankrupt. But the Lord Chancellor replied, that this not appearing in the Pleadings, he would take no Notice of it ; ncverthck-fs at anothi:r Day, the Fad being made to appear by a Petition with the Certificate of the CommifTioners, and the Allowance of the Lord Chancellor Harcourt annexed, the Court faid it was clear, the Com- milTioner.'; coitld not aiTign this Poffibility of Right which the Bankrupt had to the Portion, and coiifcqucntly the Affignees being Plaintiffs in the Bills, and entitlin.,' thcinfclves under this Aflignnient, and this Alignment being void, with rd[H-dl to futh Pollibility *, therefore the Bill muft be difmiHed, but without Cufts, lx!caufe the Plaintiff's were Creditors. ♦ Ihit the Reafou given above, viz. btcaufe the Bankrupt, the Hufband, could not Lave coim- to his fife's Portion vithout the Affijlance of a Court of Equity, -whicb 'd-)u!J net hiivi' dicrecd it to hint, hut on his making Jome Provijion for his IVifc,feems tc /jove /"■(•« /he bejl Foinultiti'yn for thii Decree ; jince a PoJlibility or contingent In- ic-cj! is certainly njjignahle by the CommiJJioners . thus in the Cafe of Higden verf. AVillinir.lbn, A'/' heard at the Roils, Mich. 1731, and after-wards ajjirmed by Lord {.:biV.<.eil'jV King, in Mich. X'j-'^z. The Cafe in I'Jfeil teas, an Ejlate vas devifed to /',• Ibid, and the Monies arijinji Ji-M fvch S,i/e to be divided among fitch of the Children of A. as Ji.ould be living at his JJ,a/h : A. hadfi-vcral Children, one of v hem, viz. B. bccai.iea liankrupt, and the Contmilfi.,ners ujjigned ever t/n hjtate; after ichich B. get his Certijicale ali:iitd; and then A. died: DecLred that his Share of this Ahtiey, which en A.'s Death behnged to B. Ji.ould be paid to the CommiJJioners i / ?• tlct not only the latter Statutes nlating to Bankruptcy mc'ioncd the H'ord i'oli.hility, but aljb becavje the 13 Eliz. Cap. 7. Setl. 2. emp'^ice's the Commif- Jiorers to tijjign all that the Bankrupt might depart iiith j and here B. in the Life- time of A. might have releafed this contingent hiterejl. Befides, the 21 Jac. I. Cop. 19, en.ifls, that the Statutes relating to Bankrupts Jhall be ecnjlrued in the VKjl beneficiitt Manner for Creditors. Afterwards, in Trinity Term I7i8, the Wife of/. S. by her ncvt Friend, hav- ing broii^-ht a Hill, fctting forth ner having been feduced into this Marriage, and th; Hu.band's Bankruptcy, together with the Certificate for his Diftharge, prayed that tiic Momy might be put out to her fcparate Ufe for her Life, and after- wards for Ikt Children ; to which the Hufband putting in his Aiifwer, and declaring hiinlllf fiiiliblcof his having injured his Wife, in Manner as above, fub- mittcd 'o ,vh;>t was dcfired by the Bill, only prayed the Arrears of Intereft. '.n\ tlic other Haiul, the Adigneis oppolc-d the Bill, iiilifting, that the Com- niilliontr,'. might (HII m..ke a new Anigimient of this which was now and not bc- l.nc veiled. Kilt by Lord Chancclloi Parker, the CommifTioners have executed their Power, • nd the iicbts which the Iluiband, the iJankrupt, owed to the Creditors before the liankriiptty, an; nowcxtiniJl by Ad of Parliament ; and this Portion is as a ncw- auitiiii-d Iillatc by the Hullvnd in Right of lii'^ Wife; wherefore fince the Hufband agreed tu this Prayer of his Wife's Bill, which is brt a reafonable Reparation for the Wrong lie had done her, decree the Huflwnd the Arrears of lutcrcfl, de- liucliiii; the Cofls and let the Legacy he laid out in a Purchafe ; and in the mean 1 line let the V\ ife have the Interell for her fcparate Ufe, (^c. by which Means the whole Legacy was laved to the Wife, and to her fcparate V{t:. Of Marriage Bonds, and Articles before Marriage. MARRIAC.K BONDS are frequently given before the Ffpoufals, by Perfons who arc engaged in Trade or Bufinefs, and where it would be inconvenient to liyout the Portion in Land, bccaufe the Woman's Fortune is fuppotcd to be added to the Hufband's, and to be invefled in the Stock in Trade, in Order to be there ma- iiagcii by the 1 lulhand for the nmtual Support of themfelves and their Children. •And thefe Bonds murt be given to two Truflecs, to be named and appointed by the intended Wife, or one of them by her, and the other by the Man, and accord- inS '0 the Portion or Fortune, which the Woman brings her Hufband, the >luf- 7 A band $49 :>' '*< \i\ sit 1 VI 55^ ; I'rrn. 663. Ih/'aiJ V. Uth/.rtI, f s Parte «. v.j in Ihl. \ jc. 17:0. i /v.. jr/;. 497. .W,./.'!'. i-jK. I.. C. K. -^. . ju.,..M» W.ijr ■f .Iri'ariiii} I.' lot It Calc. OF B A N K R U 1> I C Y. barni Iwct.mcs boiinil, to pay at his Dcccalc, to the Trullccs, or tlic Survivor o)t hgi, or the r.xccutors cr Ailiniiiillrators ol liith Survivor, the iuuii aj^reeii between tlicui ill 'I'ruft, and for the lole V(c and Heneftt oFthe Wife, in C i(e ll'c lliaii fui vivt hju, . or ['art for the Wife, and Part for the Children, as the Parties fludl aj;rec bjtwc rl theiiifelves ; and in Cafe the Wife (hall not furvive the llulband, and thcrt Ihall be no Children, then the Bond is ufually declared to be void. The Reafon of giving this Bond toTruftees is in Order to fupport the Demand againft the l-.ftate of the Hufband ; and it is eftldual ai^.iinft liis real as vvtii a, ^Kilbiial Kftatc, but it muft not be made to the intended Wife in her Name, bc- iure Marriage, bccaulc upon the Marriage, the Hulband and Wile are beconn; one I'trfon in Law; and whatever Securities might be given to her before M;.r. riaue, unlefs they were fupported by T'rullees, would, on futh Marriage, revet ba( k again, and be merged in the Ihilliatid's I'ortune, and be untafe lor tlie \\ jtv. A Marriage Bond is of nogieater I'.rt'ect or Furee tlian any oilur limid Ddu; but as tlie Wife is frequently Executrix to her Hulband, and the Law ufully throws the Riglu of Adininillration upon her, wlienever (he is either Lxaiitii'» or Adniiniilr trix, flie as well as any other lixctutor or Adniinidntor lub.i Right to pay her Boml Debt fud, and preferable to all oilier Bond Debts, or Debts of an ecpial or inferior Degree. But if the Hulband becomes a Bankrupt in her Life-time, tliis has Ivni ail- judged to be fuc/i a contingent or uncertain Debt, that her Trulkcs ciiinot come in as Creditors to prove fuch Debt under (uch Commillion, whicli the following Cales will illuflrate : A Hulband who w.is a Trader, in Confidcration of a Marriage, and of a Portion, gave a Bond to his Wife's Truftees, to leave the Wife, if (he furvivcd him, 103:'. The Obligor became a Bankrupt ; and it was objeded, that in Lord Couper'i Time it had been ordered, in Cale of Bond given on fo valuable a Conliderntion, that the Money computed upon the Diihibution to be the Share of the (Jbligec in this Bond, (hall be put out at Interell, and the Creditors have fucli Iiittrcll during the Life of the Hulband, the Bankrupt; and if the Hufband (houlJ die, leaving the Wife, the Money to be paid to the Wife ; but, if the Wife (hould die in the Lilc-time of her Hulband, then the Money to be paid to the Creditors. On the other Hand, Lord Miiccli-sjuid was faid to have doubted of thi , where- fore this Cafe coming again in Quellion before the then Lord Chancellor Kir,^, his Lordihip ordered the Precedents made in Lord Cowpcr's Time to be Ictt witli him. And his Lordihip was of another Opinion, conceiving, that no Part of the Pankrupt's Lllate (hoidd wait, or be deferred from being didributed ; tlie Ad or- iliring that the Bankrupt's Eftate ihould be didributed within Monthj; elpecially that the Ditirihution (liouldnot wait, as in the prefent Cafe, for a Dcln which \' .s iKiihcr Ji/ritunt in prijemi, and never might be Jebitum in fntun, in regard the W ife might die ill the Life-time of her Hulband; befides the Hullrmd, after his Certificate allowed, niiglit go to his Trade again, and become a iblveii: Pevibn able to pay otf his Bond : The Court relblved, that the contiiijcnt Creditor ihould not come in for a Dillribution, neither ihould the Money b; telirved ia Favour of fuch Contingency. But his Loniihip decLied, that tjiough the Debt was contingent when the OLligor bec.uiie a Bankrupt, yet if the Contingency happen before the Didribu- ticii iiuule, tlvii fuch coitingent Creditor (liould come in for his Debt ; (b ii'iuih Contingency haj^pened beliire the fecond Dividend made, the Creditor lliuuld tome in lor liis Proportion tiiercof, though after the firlt Dividend. The Obligor on a Bottomree Bond became Bankrupt before the Return of the ."■jiip^ iuul the Ship dill not return before the Dillribution made; whcrcuptn it '.V..S Iiel.i rhat the Obligee fhould have no Benefit of the Diltribution upon the CoiHniiliion. And, Whereaj it was objected, that this Bond would be barred, after the Bankrupt''. Certiticatf allowed, which could not be unlcfs it was thendo.ic; t^i'i Curiam: This cannot be, if the Obligor is careful in declaring upon hii Bond; irulced if the Party declares upon tiie Bond only, he ihill be barred j other- wife, if he li;ts forth as well the Couduion as the Bund in the Declaration; for then •vteii tlicin ivivchim; cc butwc.n and there ic Demand i as vvlII ;b Name, bo- re lictomo clbre M.r- iai;e, revet r tlie Wit.-, iiind Debt; .aw uliully r l',xtLiitri.\ r.Uor lus .1 1 Debts, or las been uil- rtees taiiiiiit which tlic of a Portion, him, i03c'. )rd Ciuptr'i onliderntion, the Obligee "ucli Iiittrcit d lliould d;c, ifc lliould die Creditors. thi , where- Ktllor KiK^, lie to be left Part of the the Act or- Moiiths; for a Debt \in futun, m le H'jlhind, |me a Iblveiit contingent Money b: lit when the liie DiiVibu- ib ii' mch litor ihould Lcturn of the jhcrcuptn it jii up'jnthe Bankrupt'- Ig upon hi. Ired; other- Vation; fur then OF BANKRUPTCY. S5« then it muft appear, that tlie Caiifc of Av^ion did not accrue at the Time of the Obligor's bccomiiii,' a Bankrupt. i^it the above Cafe is lince altircd, aid tlie Otiligcc in any nottomrcc Bond (hall be admittal to claim, and after tho Lofs. or Contingency llull have happened, to prove his Debt or Demands in KclWt of fiitli Hond, in like Manner as if the Lofs had happened before the lime ot the ifliiing of the Coniniidion of Bank- ruptcy againd the Obligor, and ihall be entitled unto, and have and receive a proportionable P.irt, Share, and Dividend of the bankrupt's Kftate, in Proportion lo the other Creditors of fuch Bankrupt, and in like Manner as if fuch Lofs and ''''"• "• Contingency had happened bclbrc fuch Commillion illbed. And this Ad makes it the fame wiili the Obligors and Obligees on a Policy of Inlurance. One BLnc/jartJ, a Cabinet-M.ikcr, married tlie Sifter of Calliford, who had niimhari r. 500/. Portion fecurcd by I/and. lilanchiiril, on his Marriage, gives a Bond to '•'«''/"'''• leave hi*; intended Wife, if ihc furvivcd him, 500/. or a third of his Eftate, at her Lleciion. Blancl'urJ hccMixQ. a Bankrupt; Bill by the Afiignees to luve the 500/. raifeJ by a Sale ; and decreed accordingly : But with this, that the Wife :liould cuine in a'- a Creditor upon the 500/. Bond j and what (hall be paid in Refped thereof, to be put out at liitcrclt, and received by the Creditors, during the Life of the Huiband, uid ir the Wife furvived then the Money to be paid to her. [. S. indei.'ed by Bond to the Wife of y1. became a Uankrupt ; the Hufband Muk. lyiq. comes in and ci..'ni , the Debt, pays the Contribution-Money, but dies before ' ^"^*- 7°'' any Dividend was 1 dc ; the Wile furvives, but dies alfo before any Diftribution. Lord Chancellor direilted the Dillribution to be made to the Executors of the Wife, ajid not to thofe of the IFulband; repaying to the Hufband's Executors what he had advanced for Contribution. The Iluftand's paying tiie Contribution-Money did not alter the Property of the Debt, but it remained a Cliofe in Adion, and furvived to the Wife. The Plaintiff brought an Adion of Debt againft the Defendant for 800/. where- '/^wi Tullfr. in the Plaintift'deciaicd, that tfiZ/um JhriiiJ/'m in \m Life-time, v/z. the 6th of ^""""'^V'"*' May, 17C4, by his Bond then dated, obliged hinilelf, his Heirs, &c. to the Plain- ^"^rJW.vi, UtY in//)', and one J'/>i/if> RftJ/r', whom the Plaintiff furvived, in the faid Sum of ^«cutot^ of 8qo/. eff. with Condition, that if the Heirs, &r. of the laid /Vi/Ziam (liould pay ,'^;"/^'"' ^" to the laid Plaintiff Tu/iy and Pl.i/ip, or the Survivor of them, or the Execu- tnrs, i^c. of the Survivor of them, 400/. within two Months after the Death of ti\c f.iid ICiHlaiii, in Cafe one MiirtL\t La.'inicr fhould marry the faid Ji^il/iivn, and lliould hapjien to furvive him ; in Trull for the Benefit and Behoof of the fiid /•/..;.'/■.?, her Executors, Gc. then the Obligation ihould be void, ©r. and the I'liintiff ill EaOt I'.iys, th.it alter tlic I'lakiiig the faid Bond, the faid Martha mar- ried tile laid // li/iam Donulpn, and tliat after the faid Marriage, the faid Phi/ip Hujly died, and the Plaintiff furvived him ; and that the faid Wii/iam made his \\ ill, and appointed the Defci;d ints his Executors ; and afterwards, the faid Will not Iviiij; revokal, died; ami the laid A/ilj,n, the Defendant FrHM IJu 55« OF DANKRUPTCT. upon tli Mil its, that tht Plitlnlijf'f Dtl't vus net liiiireJ bj the Mkiittr CimpiiftJ in tht Phil, htcauft it uas not li'itlin the 7 Geo. I. Cjp. 31. In the AfiittiT 0/ Jair.es King, a B.:nkrupt, on the P.ijt cf Ann King hit U'if-: t The f.iiJ y/nn King, by her Pct'tion in January 1742, fct forth, that on the l6th of F<7'. 1731, by Articles trijwrtite made before her Marriage with 7j«^, Kin^, between 7*""''^ ^"'i.' 'he elder, and ihe Uaiikiupt, of the firll Pirt ; '^laimi Sutton, and the laid y-hin kiii^, by tlie Name ot jinn Sutt.ti, his Dauglitcr, of the fecond I'.irt , awA Roheit Suttjti awAJ'^bii d^mplhi, of the tliird Parti reciting the intended Marriaj;c, it was, amon;iU otlnT ■Ihin;is, covenanted and agreed, that the lame '/'""''^ Sutlvi ihoiiid, v.ithiii tlirec Montiis after the Marriiw, jjay the laid y>!''h's King: the yuun^er 1000/. as her Marriage Portion; and if jfiimes and /Inn ihould liavc Ilfue iivir^!^at tlv: Deitl^ of '/.//« 7 Sutton, tli.it thni his Heirs, &i.-. lliould pay to the fiid j.riui Kinv tiie younger, the further Sinn 01" louo/. if he lliould be then hviii^ ; but if AV/Vif ihould die belbre the laft 1000/. be- came payable to liim, then the lame lliould in liiic Manner lie paid to the laid A';. b-rt Skttoi: and Jchn C^mflin, ijtc. in 'liull, to place out the fame at Interell, on futh Securiti''S as tlie Trulkes, \Nith tlie 1. id yhm King, ihould approve of, and rtiould pay the Intcrell to be made thereof to her, duriii.j her Lile; andafu-r h-: neteak", for tlie Mainten\iK.e and iMuiaiion of tiic Children of the laid 7'''" ( and y///« King, till tlu-y liiouUl attain twtiity-one, and then to be paid tj i!i.;i in futh Parts and Proportions as tiic kiid Jam:s and .///// King Ihoiild ajv-oint; and for Uefaiih of fucli Appointment, to be divided equally between tluin. And in Cafe they had no llliie, then to I'ueh Perkin or 1 eui) is as the f.ij ' King the younger Ihould by Ueed or Will give or appoint the lime u.itu; I in Default thereof, the lame was to be paid to the Lxccutort or Adiai:i .1 lu,, of the laid James King. And by the fame Articles, "fames King the younger covenanted, thit nhi;. ceived the faiil 1000/. payable afttr "James button's Death atcordmi; to futh Co- venant, that tlien the Meirs, Gi . of the laid James king the younger, would, within three Months after his Deceafe, pay to the laid Robert Complin and '"j-M Sutton, iXc. looo/. to be by them employeil in futh Manner and l-'urni, andlijr fuch Ufcs, Intents, and Pur[)i)fes as were before exprelled and limited, touching tlie 1000/. payable after the Deatli of Jiimes Sutton. Tlie Articles were executed by all Parties, and the Marriage foon after toolc Effedt. In January \']l<^), Ji'ines Suttji:, the Father died; and James and /hm Kin::; having IlVue a Daughter nained yhn, who was then living, James King baamc entitled to the 1000/. after James Sutton's Death, and the I'ixecuton> of ^, .'/;•! accordingly paid him the fame ; and he gave tliein a Dillharge for it. In January 1741, Robert Sutton, one of the Truftees, died ; and a Coininiirn'i of Bankruptcy iifued againft James King, 'id he was duly found a Bankrupt, aid liis Lrtattt was aligned to EJ'ojarJ Giaee, •Thomas Caraway, and 'I'tmJhy Dn- bam. That Hie apprehended that John Ccmp/in, the furviving Truftee, oujlit to K: allowed the 1000/. fo paid to her Ilulband y<;wi'j /i^/V;^, by Suit n's Evccutu •, in the Nature o' a Debt under the Commillion, by Virtue of tlu- Coveriait m : ' Articles, and t.ut a proportionable Part of King's Eltate^ in propo.tiji u -'it >vas to be paid to his other Creditors, might be paid to the I'rulLfs, 10 b.-i. pofed in fuch Manner as might anfwer the Intention of the Liid Artul-s That Ihehad applied to Complin, and had reijuelled him to piove i\\. I iJ D.bt of 1000/. before the Commilfioners, and to be admitted a Creditor lor tie liinci bu! that he pretended, though his Name was mentioned as a Trultee in the Ar- ticles, yet that he had never executed them j and refufed to adl in the Trull, whereby Ihc and her Daughter were in Danger of being totally deprived ol tht Benefit of the 1000/. intended as a Provilion iLir her by the laid Articles. She therefore prayed his Lordlhip, that Ihe might be at Liberty to name a nev Truflce in Complin's roomj and that Inch new 'I rultee might be admitted a Cre- ditor under the faid Commiflion for the faid 1000/. and might be paid a UividenJ COHipiiJiJ hu in/:. hat on the Mih Jjmts irt 1 Jamti lUghttr, of t i reciting iiiil agrcd, M.irri.iijT, on 1 and if , th;it tl\ni her Sum of I looo/. bc- ihc faid R:. Intcrcrt, on rove of, ami ind .ifuT h-r C Llid 7'""'' lid I J t!w;;i ilJ apj-omt; II tluin. icr.id ' • ' IC U.UUi 1 tltiu:: t >''■■> thit i.lr I."- ; to futh Co- ingtr, wouW, '/iu and Jd'n urni, ami lor ;cd, touching (Oil after took ind /Inn A.'"' lors of iuH'i it. |a CoininiiTi "i ;,inkriipt, a;nl oii;>ht tobs li\auto •. JVC!l.llt li" '"' l.-tivJ.l tJ "'''' Lea, to b.'-i • :u I .id t)-'« I tor t'le lime; itx in the Ar- lin the Trull cprivcd of thJ Iticles. \o name a new Emitted a Cre- lid a UividenJ in OF BANKRUPTCY. in Proportion vvitit the Reft of yamt-s king's Creditors, and that the Monry tn be raciveil hy fuch new Truftcc, hy Virtue of (iich Dividend, mijriu he pi ind out .It Intcrcfti in futh Manner as that (Ik miuht receive tlic Intcreft thereof during her Life, in Culc (he iiirvivcd her Hu(hand j and that tlie piincip.il Monies to Ik received for ("ucl> DividDid iniyht go and be paiil to fm h Child or Children of her l)y yumis King, .is (liould happen to be living at the Death of the Survivor ofthcin, in Cafe there il;"Ml.t |)c any ("luh Iduc j ;iiid in (uch M.iniicr as was di- rt-ded by the Articles j or that his Lorddiip would make futh other Order, as 10 him would ffcM> meet. And on the 21 y>iii. 1742, thii Pet t ion cnmc on to be heard before his Lord- (!iiji, and w.is Ic.inieilly annied by Co indl on i«)t|i SidcR : And the C.i(es n( «■.%• Mr!,' CtUti/a, lijiiitnii and CiillifarJ, Hitliy and Sj'ivks, were cited ; and on rhv firft lliarii^, his I.ordlliip jjave tile (Jentleincn who were Coniiicl lor the f.iiJ .-/«'/ A//..;, further Time to (peak to it, a;id in tb^' niem Time to leircli for I'iL'ctdciits i .md upon tliis I'etition < ominij on attain befoie hi; I.ordlliip, and no (itlitr I'lecedents to the Point api)einn^, hi.s I,orilliin> "'as pLvidd to be of t)pi- niiiM, that he could not relieve the Petitioner Aim Kin^ ; and tliereloie he or- dviai (uch I'ctitic .1 to be didnided. 55$ Di'l'fs due to, iViJ from the ff'if?, wbcn yi'i^.'e. Jl/flTjES brought IXbt again(\ Hulband and Wife, ujHm a Bond entered M./« v. •*'•* into by the \V(iinan when (in^le. The Defendants jointly plrad in the liar, '"'"' ^ ihiit the l'laintitroui;ht not to iiavc bis Action, Ciff. and ("ly, tint after the luer- iiKirriage, l'/iili,ims the 1 hi(band became a Bankrupt, and a Coniinidion id'ued jjiaind him, and he (ubinitted, and in all Things conformed hinidlf to the Sta- iiite of the 4 ylnur, and to all other .Statutes relating to Bankrujils ; anil therefore ihc aforcfaid yoi.'n and Eiiwwr, by Virtue of the aforefaid Statute, (ay, that the Adion a(ore(aid aro(e to the (aid MUfs, k-toie the (aid yjl.m H'llliums became Bankrupt ; and thai they were ready to verity, and thcretoie they dsin.imled Judg- ment, if the (aid A/^7<'/ ought to niiintain bis Aittion. The I'l.u tirt* demurred, and diewed for Caide, that the Debt ari(ing upon the Bond made by the Wife lilely, was not di(chargcd by the Statute mentioned in the i)e(endant's Plea; and alio that the Plea ought to have concluded to the Country. 'I'he De- tiiidants Joined jn Demurrer. And atter Icvtral Arguments in this Cafe, Parker tluef Juilicc, having fhitcd the Record at large, delivered the Rcli)lution of tlic L'uurt. The two great C^iiedions which have been inailc in this Cafe arc thefc : 1. Whether this, being a Bond given by the WW'c dum Jblu, be fuch a Debt isfliill be dUcharged by the Bankruptcy of the Ilutband, by Virtue of the Sta- tute of 4 Aniic, Cap. 17. inentioneii in the Plea.' 2. Whether the Det'enilmts have well coticlu led their Plea or not ; it being to the Judgment of the Court, and not the Country ? As to the (ird we are all of Opinion that it is a Debt within the Ad. The Words ol' the (.'laute upon which it depends, are, 77w/ the BiinirH/>t j ._ jhll be difcbitrgiui frcm all Drhts by him due and oiiiug, tit thr Tinu- he became Hiiuirup: ; and then in Cafe he be fued tor any (uch Debt, the Ad dirc»;fs, that he (lull, and may plead in general, that the Caute of Adion diil accrue betuie he became a Bankrupt. Upon diclc Words the immediate C^cftion is, whether this was a Debt due, »nd owing by the llu(baijd, at tiie Time he becunc Bankrupt ? hwas ("aid, and, I think, admitted at the Bar, 'I/.\i: a DcH due h the fl'i/'e, and one due to the tViJe, dumfjla, mud fall under the fame Condderation. This is very reatbnable, and therefore 1 have conddered how far a Debt due to the Wife would be witliin this Act, to be adigned by the Commiilioncrs of ■ hankruptcy. And in Order to underftand this, it is nccelfary to go back to the former Acts. And tholi; of 13 ¥Jix.. C.p. 7. and i yac. I. C'ap. 15. give the Commidioncrs Power over tlie bankrupt's Botly, Latids, Kjc and to allign all Debts due, or to be 7 li due. \ • ^^ '(^ '^1 '^'M. I , . K ! IMAGE EVALUATION TEST TARGET (MT-3) 4 k< / lA fe 1.0 I.I UilM, 12.5 S us i2.0 IL25 il.4 II 1.8 1.6 Photographic Sdeices Corporation m \ ^ v> rv 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 "^f^ i ' r 5^} O F B A N K R U P T C T. due, to and for (tic Benefit of the Bankrupt, and the fame to be recovered in (hj Name of the Anignces. Now I take the Intc!ition of thefc Laws to have been, that the Bankrupt hav- lug been guilty of a Fraud IhouJd not be trufted any more with the Management < f his Eftate, &l\ So that upon this Intention, all thofc Effefts ai\d Debts, which he coula take in, or turn into Money, the AHignees were dcfigncil to hive in as full a Manner, cither by Adtioii or otherwilc, and that in their own Names. The bcft Rule of conftruing Ads of Parliament, is by the common Law, and by the Courfe which that obferved in like Cafes of its own, before the Aft, Thus it is in the Statute de Doiiis, which enaiSts, that Ten in t in Tail nm habeat potejlatem aJj.tutfidi 'Tenementa, to prevent their coming to the Iffjc; ar.d that a Fine levied by him, ipfo jure Jit nullus. Now, The Eftedls of this Statute being a Difability to alien to the Prejudice of others, therefore the Law ranks the Perfon incapacitated thcrcViy, ^,vub liijhjfs, and other Ecclejiajiical Pcrjmis, and with Hujbnnds, who were by the Common Law difabled to alien to the Prejudice of their Succeflbrs and Wives. And, therefore, though the Words be, that the Tenant in Tail fhall not have Power to alien, and that his Fine fliall be void, yet it has been conftrued, tint a Fine by Tenant in Tail is not merely void, but makes a Difccntinuciuce, thereby putting the IfTue to his Formedon \ and that other Alienations either put tlit ifl'uc to his Adtion, or allow of his Entry, juft as the Law flood before in Re- lation to Bifliops, &r. At Common Law it is a general Rule, that no body can have an jiBim hut t Creditor, or, if he be dead, his RipreJ'entative : But there are two Cafes wherein this Rule fails, viz. in the Cafe of Forfeiture, and of an Aflignment to the King, For though a Chofe in Acliou cannot be afligncd to a common Perfon, yet it may to the King. And in both thele Cafes, the King, or his Grantee or Aflignee, may iue for thcfe Duties in their own Name, 2! Hen. VIL 19. 1 hough generally the Gnintoc fued in the King's Namej but that was only in order to take Advan- tage of the King's Prerogative. Now kt us fee, how far the Wife's Debts were liable in thefe Cafes. In llie Cafe of I'orfeiture, as by Outlawry, &c. the Debts of the Wife vcrc always extended and feized. TheCafcof Aflignment of Debts to the King, in Hob. 2. 253. is an Authority in Point; and notwithflanding the y Jac. I. Cap 15. which makes Aflignmer.t of Debts void, other than fuch as grew due originally to the King's Debtor hi Jidc. For the Purpofe of that Law was, that no Debtor of the King fliould pro- cure another Man's Debt to he afligned, which was the common Pradllce. But this fays the Book, is his own Debt, though not to his own Ufe, which he may himfclf relcafc and difcharge, and by the fame Reufon may aflign. This proves -tuo Things. Firjt, That the Hufband might aflign thcfe Pebts by the common Law. iicccrdly, Thvit he was not rellraincd from doing it, by the Statute, becaufc they were the HuJband's own Debts. This Rcafon concludes to the Cafe at Bar. t'iijf. As it is the Hulband's own Dtbt within the Words of the Aft. ^eci.dly, Th.;t as the Hulband might aflign it, ergo^ fo might the Commif- fioiicr;;. Belidcs, it is to no Manner of Purpofe, and can lerve no good End, to fay, that fuch Dt-bts arc not afllgnable : For if they ihouIJ be left in the Huftiand, asfoon as he recovers them, the Commiflioncrs muft have the Money, and apply it to the Ufe of the Creditors. But in Order to confine the Scnfc of the Words, Debts due andoiv'wg to Hit, it has L-cui objcdted, Fiijf, That the Statute docs not extend to Debts due to a Bankrupt, as Ek- cutor. B.eJlcrf. This is true ; but it is for this particular Rcafon, becaufe they art nppropi..ted to pay the Debts of the Tcftutor: And if they were afligned, it i,.-\.!.Jr' a V.''roii;r, 'i/'^. a AuiVJ/. covered in the bankrupt hiv- ; Management [ts and Debts, ifigncd to have ill their owa omnion Law, dure the Aft, nt in TaiI mn the IlTue; and ic Prejudice of y, iviih Rijh-jfi, ■j the Ccmiiion .-es. lil (hall notlme 1 conftrucd, thi\ 'iKumici; thereby 5 either put tli: od before in Re- 'C an AElion but c ,vo Cafes wherein nent to the King, crfon, yet it msy or Affignee, may [liough generally :T to take Advan- : Cafes. of the V\'ife vert is an Authority in makes Aflignmer.t .ing's Debtor i'M King fliould pro- n Pradlice. But fe, which he may |i!'n. This proves Imon Law. Statute, becaufe Ithc Aft. loht the Comtml- 1 End, to fay, tha . Hulband, as foon f^loney. and apply andovilng to tini Bankrupt, as Ek- I, becaufe they ait were aligned, H OF BANKRUPTCY. S5S Secondly, It has been objeded, that the Statute does not extend to Debts due to the Bankrupt jointly with another, Rcjp. The Cafe cited for that Purpofe from i Lev. ij. is not determined ; fuch Debt might be afligned to the King by any one of the Creditors ; and fo it is adjudged, Mich. 19 Hen. VI. And it would be forfeited by the Outlawry of one. However, that Cafe is not before us. Thus far is plain, that a Debt due from him and another would be within this Adt of 4 <^nm; for it is fo declared by the r,-p. ijS. j. declaratory Aft of 10 Anne, which provides at the fame Time, that the Difchargc rt" the Bankrupt fliall not extend to difchargc the other joint Debtor. But this of a Hulband and Wife is a different Cafe ; for it is his Debt, as he is one with her. Dut it is contended, that the Bankruptcy ought ::ot to give the Hv.fband a better Right to his Wife's Debt, and bar her of her Contingency by Survivor- ihip. R<^. It does not give him a better Right ; for his Releafe for a Confideration to himfelf alone wouTd have barred her of the Contingency; and this is a Confi- deration in Law, and amounts to the fame Thing. Belides, that is anfwered by tiic Fidtion of Law whereby the Statute of I "Jac. Cap. 15. and this Statute has made it as a Debt, and new Security to the Aliignces. Suppofe a Bond was made to A. in Truft for B. who becomes a Hank- • rupt, the Affignees may bring the Adion in their own Name, though B. mult hiive brought it in the Name of his Truftee. Objedted. The Hufband muft join with his Wife in this Adion, but the Af- lignees cannot do it. This is anfwered as before, and by the Cafes of Forfeiture and Affignmcnt to the King. But to put another Cafe : Suppofe a Bill of Exchange be made to the Wife, dumfoh, the Hufband may iffign it, and the Aflignee fhall bring the Adion in his own Name. This Reafoning holds ftronger, in the Cafe of Debts due from the Wife ; for, Vlrft, Certainly it is the Hufband's Debt, and the Adion muft be brought in the Dibet and Dettnet. It is admitted to be the Hulband's Debt after Judgement j and it were hard to fay, that a Judgment of Law charges a Man with a Debt, who was not chargeable with it, when that Judgment was given againft him. Secondly, If the Intent of that Ad be confidered, and the Queftion alked, Cuibono ? it will appe-.ir ftill ftronger. The Pcrfons concerned in tliis Matter, arc Firji, The Bankrupt ; Secondly, the Creditors ; Thirdly, the Wife. As to the Bankrupt, if an Adion be brought againft him on fuch Bond, what Execution can the Plaintiff have ? If he takes a Fieri facias, or Elegit, as foon as he finds Goods or Lands, the Commiflioners ought to feize them ; this would be wholly in effedual j and if he takes a Capias, it will only ferve to liiy the Bank- rupt up in Prifon, when all his Eftatc wherewith he (hould make Satisfadion, anddehver himfelf, is taken out of his Power. And that is tlie Reafon of his being difcharged, viz. becaufe his Ability to pay is entirely taken from him. And this diftinguiftes it from the Cafe of an Executor, and flicws that he ought not to be dilcharged as to the Teftator's Debts, for he retains his Ability to pay them, by keeping the Eftcds which he has as Executor ; and the Com- niillioners cannot meddle with them, becaufe they are appropriated. It was infiftcd at the Bar, that l>e ought to be difcharged from all his Debts, becaufe he is not only obliged to part with all his Eftate, liable to pay thofe Debts, but all whatfoever wherewith he might pay his Debts j as for tiic Purpofe, Copyhold Lands, wMcIj are liable to no Execution, ' > . I>ecwdly, As to the Creditor : It cannot be for his Benefit that this Debt fliould not be within the Ad ; for the Bankrupt's whole Eflate will be otherwife difpofed of, and his Adion igainft the Bankrup; can be worth nothing j but if this Debt be within the Aiit, then may he come in for his Dividend. The Confequencc of the contrary Opinion is, that you take from him evtrv thing whereviitb Lis Debts may be paid, and at the fame time will not let him m \ fir a Share, . • .. rhirJh; mm !• !• y:l%- m ■ m n t « 55^' OF BANKRUPTCY. ^Thirdly, As to the Wife : It will be a Difcharge to her, at leaft a temporary one ; viz. during the Huf- band's Life. But though it be not neccllary to give any Opinion upon that, vet I think it will amount to a perfcdt Releale, and the Wife will be difchargej for ever. But no Harm can arife from this, for the* Creditor is fuppofed to have had lii, Dividend, and the Deb* is paid in Conrulcration of Law. A Cafe may poflibly be put, where a Woman being in Debt may make overall her Efled:s in Trull, and then marry a Bankrupt, and by that difcliar^c all her Debts, and yet preferve her Eftate ; but that would be a fraudulent Conveyance as againft Creditors, quoad as much of the EUate as would latisfy their Debts, and for that they might have Remedy. It was objci'icd, that this Difcharge is a pcrfonal Privilege, and not com- municable to the Wife. RcjJ). It is a neceflary Confcquencc that it muil extend to her, bec:\ufe every Thing in the Hu(band's Power is aflignable, and all her Eftate is in his Power, I Inn. 46. b. JfthcHulhandhep'illclfcdm a Ttrm for 7'tars in the Right cf lhs Wife, it maybtf'M on a Fi. Fa. and yet it is not aiiually tratisfcrrcd to the HiiJIatid by Inteniiarr'um. For thcfe Realbns, ive arc all of Opinion, that this is the Hujliand's Debt, kIiUh the Meaning of the Statute. As to the fecond Queftion, viz.. vvhetlier the Plea be good or not ? We arc likcwife all of Opinion, that it is ill, not to c nclude to the Country. A Liberty of Pleading generally is ^iven to the Bankrupt, and fo he may avoid the Hazard of pleading fpecially ; but tlun he mull: take upon him the Proof of his Conformity to the Statute in every Particular : Or if he thinks fit to plead the Alatter fpecially, then he muft let forth every Point ; and by it he has every Ad- vantage againft the Plaintiff, that lie mull r;;ply to one Particular only, upon which Ilfue muft be taken. Here the Defendant has pleaded the Matter fpecially, bu; not fet forth the Whole, and therefore it is ill for that Reafon ; for bv the exprcfs Words oi" the Adl, this is to be pleaded, fo as that the whole Merits may be tried. There are fevcral Cafes at common Law, where a Man Hiall conclude iiis Pb 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 //. VI. :i. to a Fine, quod Partes fnis nihil habtierunt ; ^ de hoc pmit fe fnpra Patriam. So in Dower, ne nnnucs feijie de Doivcr, & de hoc, &c. And the Reafon of this is, for that it would be inconvenient to go on to a Re- plication, becaufe to reply generally would leave it too large and comprehenlivc, and to reply any particular Kind of Eftate, would be too narrow, and conlequently immaterial. This Statute has found a new general Ifiue in this Cafc; and this was the Foun- dation of Judgement in Bird M^d Lacy's Cafe, Mich. 6 Anne, C.B. Rot.y.. that a Plea upon this Adl was well concluded to the Country j and if fo, it cannot conclude to the Court. It may be obfervea on the Statute of Sewers, 23 Hen. III. Cap. 5. that by thcfc Words of tiiat Att, a general Replication is expreflly given, to avoid the Forcing the Plaintiff to a fmgle Point ; and f > the Mifchief which would be in this Cafe i; prevented J tlius it muft have been in th-'s Adl, if it had not been the Iiuentio;iof It to make the Plea a general llfue. For this Fault in the Plea, which is fhewn for Caufe of Demurrer, and which would put a Diliiculty upon the Plaintiff, not intended by the Statute, Judgement muft be given for the Plaintiff. A'lu./v. ^ Feme fo/e is a xVIortg«gee in Fee for 800/. and marries a Tradefman, who be* iO'«r'»'/7/. coming a Bankrupt, a Commiffion of Bankruptcy is taken out againft him, and 4j8. Cnft the Commiflioners affign over all his Eftate, real and perfonal ; afterwards the Hulband dies, and the Writings relating, to this Morttjage being in the Alfignecs' Hands, the Widow of the Bankrupt brings a Bill in Equity againft the Alfigneet, for thcfe Writings, and to have the Benefit of the Mortgage. This Caufe came on to be heard, and, for its Difficulty, was oriiered to be 4. '■pel" ijl. ac the or not ? We are OF BANKRUPtCV. fpoke to again, wlien his Honour delivered his Opinion folemnly for the Plaintiff, the Wife. But afterwards, being dilTatisfied with that Opinion, he ordered the Decree to be ftaycd, and to be attended again by Counfel. Whereupon his Honour gave his Opinion, that if there had been any Articles before the Marriage, purporting, thnt this Mortgage Money (hould continue in the Wife, as her Provifion, or flioula be afligned in Truft for her, there would have been a fpecifick Lien upoii the Mortgage, and have preferved it from the Bankruptcy. Alfo it might have been a Matter of different Confi(i ration, if the Allignees had been Plaintiffs in Equity, and defircd the Aid thereof, lo ftrip an unfortunate Widow of all tliat flie had in the World j towards the doing of which. Equity would hardly have lent any Affiftance j becaufe the Affignees claiming under the Bankrupt Hulband, could be in no better Plight than the Hulband would have been J and if the Huiband had in Equity fued for the Money, or elfe prayed that the Mortgage might be foreclofed. Equity, probably, would not have com- pelled the Mortgageor to have paid the Money to the Huiband, without his mak- ing feme Provifion for his Wife, by an Application to the Court againft the Huf- band, and the Mortgageor might have prevented the Payment of the Money to the Huftand, unlcfs fome Provifion were made for her. But in the prefcnt Cafe, the Widow ^vas Plaintiff agajnft the Affignees, fo that fill?, and not the Creditors, fought the Aid of Equity. And here being in the Mortgage Deed, a Covenant to pay the Mortgage Money to the Wife, this Debt, or Chofe in Adlion, was well affigned by the Commif- fioners to the Affignees, and vefted in them, like the Cafe of Miles and Williams, laft cited, where a Bond made to the Wife, dumfola, was adjudged to be liable to the Hufband's Bankruptcy, and allignable by the Commiffioners, Wherefore if the Right of the Debt was vefted in the Affignees, as plainly it tva", though the legal Eftate 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 Affignees, 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 Heir takes the legal Eftate by Defcent, yet he is but a Truftce for the Exe- cutor, for the Truft of the Mortgage muft follow the Property of the Debt, elfe the Mortgageor would be in a very hard Cafe, liable to be fued by the Affignees of the Commiffioners upon the Covenant ; and alfo in an Ejedtment by the Wife of the Mortgagee j whereas the latter Suit would be enjoined in Equity. Then it was infifted, that here were Articles enteu ^ into before the Marriage of the Bankrupt and his Wife, by which the Huiband covenanted to fettle the Wife, in the Manor of Dale, or to leave her i ooo/. within three Months after his Death. But in this Agreement it appeared, that the Huft)and had his Eledtion all his Life-time, and that if the Wife had brought her Bill in Equity againft the Huf- band, (lie could not have compelled him to do the one or other ; neither could llie, upon fuch Bill, or otherwife, have compelled him to give any farther or better Security for the Payment of this looo/. becaufe (he had that Security which flie at firft agreed to take, and the Court could not better it againft her owi| Agreement. But upon another Point, viz. as to 200/. Part of the Wife's Portion, on a Note given by the Huiband at his Marriage, fignifying his Confent that the Wife ihould have this 200/. the Court held the fame was fpecilically bound thereby ; fo that with Refpedt to this only, the Plaintiff was relieved, and the Bill, as to th? Reft, difmiffed. .. ' 0/ tht Rights nobich are vejled in the Bankrupt's Children by Virtue of Marriage-, Settlement, and Trujiees for fupporting contingent Remainders. JF a Man before Marriage with his Wife makes a Settlement, or enters into * Articles with Truftees to make fuch Settlement upon his Wife, and conveys, or agrees to convey, fuch Eftate to Truftees, to the Ufe of himfelf or his Afligns, 7C for 557 It? i H'-; nv' 3 'f 't: ^S r:t'n liir ! ^it^ 1I ■ u i il Is' : ISfi lU :; vm : ; '"•'■ <«:, :'5 558 See the fubfe- 3uent Cafe of Chapman. fjl T. Gearee, I Pen H'lU. Rep. i2g. Sali. 680. Miti. 1710, OF BANKRUPTCY. for the Term of his Life, without Impeachment of Wafte; and, after tlie Deter- mination of that Eftate, to the Ufe and Behoof of ^, B. and C. D. and thdr Heirs during the Life of the Huflsand, upon Truft, to prefcrve tlic coiuiiiijei.t Ufes and Eftate therein after limited, from being barred, dellroycd, or prevented • and for that Purpofe to maiie Entries and bring Adtions as Occalion fliuU re^ qU're; but, neverthelefs, to permit and futfcr the Hufbana and his AlVigns, (iurin-f hib ^-ife> to receive and take the Rents, Hfucs, and Profits of the lame Premiks to his and their own Ufes ; and from and after the Deceale of the Hulbaiid, to the Ufe of the Wife for Life ; and afterwards to the Vih of the firft and other Sons of their Bodies according to Priorit)-, and tlieir Heirs Male j and for Default of fuch Ifliie, to the Daughters and their Heirs equally ; with proper Proviiions for raifing Portions for Daughters and younger Children, us is ufual in Marriai;e Settlements j though the Remainder in Fee is limited to the Baniirupt, for Wjnt of Iffue Male or Female ; yet if fach Perfon becomes a Bankrupt, and has a Wife ?.nd Children, or Children and no Wife, though this is an entailed Eihte, yet it is not fuch an Eftate as he can lawfully or equitably bar by a Fine or common Recovery, and confequently he will be only Tenant for Life, and his WiJe will enjoy the Jointure, and his Children his Eftate after his Death j and tlie Creditors cannot defeat fuch an Eftate. But if he dies without Children, and becomes a Bankrupt, and there arc no Remainders over, but the Remainder in Fee is in him, ^ery, whether a Court of Equity would not, after confirming his Wife's Jointure, dircdt and enable tiie Truftees, in Conjundion with him, to bar the Eftate Tail, for the Benefit of hu Creditors : But there have been Inftances where Truftees have joined with 1!;; Hufband, and defeated the legal Eftate by a Recovery; but Ads of this Kindiiavc been always looked upon as the higheft Breaches of Truft j and if a Purchaler was to buy the Eftate, or a Mortgagee to lend any Money upon it, with Noticecf the Truit, he would be unfafe in fo doing. And as this is a Matter of great Con- fequence to Families, I ftiall for that Reafon cite the following Cafes. It was declared by the Lord Keeper Harcourt, that where there were Truftees appointed by Will to prefcrve contingent Remainders, and they, before the Birth of a Son, joined in a Conveyance to deftroy the Remainders, this was a pbiii Breach of Truft, and any Perfon taking under fuch Conveyance, if voluntarily, or having Notice, fhould be liable to the fame Trufts. And though it was objected, that this had been only obiter faid in Equity, and that there never was any Precedent of a Decree in fuch a Cafe : Lord Keeper faid, it was fo very plain and reafonablc, that if there was no Pre- cedent 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 Truftees, and the Eftate being in Mortgage, tiie Son came into Equity, after the Death of Tenant for Life, to redeem. Agreeably to what was thus declared by Lord Harcourt, it has been fincc ex- preflly decreed by Lord Chancellor King, aHifted by Lord Raymond and Chief Baron Reynolds, in the Cafe of Manfeil verf. ManfeU, December 17^2, hereafter mentioned; which was the Cafe of a voluntary Settlement, and where the Court unanimoufly delivered it as their Opinion, that Nothing in common Jullice, iienfc, and Realbn, could be a plainer Breach of Truft, than that thofe who were appointed Truftees, to the Intent to prefcrve the Eftate to the. firft Son, and for that Purpofe only, ftiould direftly contrary to their Truft, join in the DeihTicticii of the Settlement. But where there is Tenant for Life, Remainder to the firft Son, (^c. and no Truftees to preferve contingent Remainders, in fuch Cafe, if Tenant for Life by Fine or Feoffment deftroys the Remainders, there being no Truftee, there can be, confequently, no Breach of Truft j and tliis being the Law, Chancery will not interpofe. But then as this was a Hardfhip at Law, to prevent which the MetiioJot appointing Truftees was invented, fo it is reafonable that tlie Truftees, when they let in this Hardfhip by violating the Truft repofed in thcjii, fliould ihcm- felves be liable for the fame ; but if the Conveyance be voluntary, or if there be Notice of the Trufl, fuch Truft fhall follow the Land. OlK OF BANKRUPTCY. 559 One after Marriage makes a voluntary Settlement of his Lands to himfelf for 7r/». Term. Life, Remainder to Truftees to fupport contingent Remainders, Remainder to lyj/atha^" his firft, (^c. Son in Tail fuccelfively, Remainder to himfelf in Fee; and con- \?iitmi', trading Debts, he after makes a Conveyance of his Eftate to other Truftees, for 35*- Payment of thcfc Debts. The Creditors bring a Bill, and, int' al, infift, that the Truftees for preferving contingent Remainders (hould join in the Sale to deftroy the contingent Remain- ders : And this came on by Confent before Sir Jofepb Jekyl, who took Time to confider of it, alledging, that though in the Cafe of S\t Thomas Tippiu, whcrer,f/,i^v.P;g~ Truftees had joined in cutting off Remainders created by u voluntary Settlement, ^"^','^"'' the Court, on a Bill brought by a remote Relation, had refufed to punifh them, as diftinguiihing 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 ; this being the Reverfc of the Purpofe for which they were at firft inftituted. But this Caufe coming on in ^ugujl 1717, and a Precedent being fhewn where fuch a Decree was pronounced, his Honour decreed, that the Truftees ftiould ioin 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, Sir Thsmas Tippir's Cafe was, where, upon ;:i.?'; i- \\ gio OFBANKRUPTCY. Lord Chancellor A'/ffj, affifted by Lord Chief Juftice RiijmonJ, and Lord Clilcf Baron Reynolds, as before mentioned. At the /Jo///, A M'AW had dcvifcd Lands, which were in Mortgage to be fold, and the Surnluj idith. 1698. of the Money to be paid to his Daughter; the Daughter married a Man who lljon after became a Bankrupt, and the Comraiflioners afllgncd this Intcrcll of t'lc Wife's. The Ilufband died, and the Allignees brought this Bill againll the Wife and Truftces, to have the Land fold, and the Surplus of the Money paid to tlum. But the Court would not aflift in ftripping the Wife, who ^^as wholly unpiovidd for, of this Intereft, but difmiflcd the Bill. Paritr V L'K I.''; Ctc. II. I Ferr Will. mi. Term, 1701. ^aul/nH V. Gr4u!. I fern, Rep. 432. Of Po£ihUuics. BY this Statute it is cnaded, that the Bankrupt is to difcover to the Commlf- fioners upon Oath, fuch Eftatc and Eftedls as he may have any Prof.t, or Poflibility of Profit, Benefit, or Advantage whatfoever by. And a Poflibility is defined to be fucn an uncertain Thing as may or mnv not happen ; but it muft be fuch a Right, according to the Cafe of lligden ami H'H. liamfon, as a Perfon may lawfully depart withal, and which, by lome Deed or Writing, he may have a Poflibility one Time or other to enjoy. But if a Bankrupt has Relations, who may poflibly provide or not provide for him, as they (hall think fit ; this uncertain Poflibility is no Part ol' the Bankrupt's Eftate : and if he obtains his Certificate, will not pafs to his Creditors ; bccauf: 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. H^illiam David/on having devifed a Legacy of 600/. to his Son, payable at twenty-one, for which he had obtained a Decree, ond 637/. reported due; before he received the Money he became a Bankrupt, and the Commiflioners afli^i;ned the Legacy and Benefit of the Decree. The Bill was brought by the Aflignees to have the Benefit of the Decree; to which the Defendants, the Executors, demurred ; infifting that a Legacy was not within the Compafs or F ^n of any of the Adts made againft. Bankrupts, to be afligned to the Credito ;. But the Demurrer was ov».- ' .a ; and faid, that the Aft of Parliament ounjit to be taken in the moft bcnenctal Senfe for the Advantage of the Creditors. I' I m Mkh. 1690. My/ti V. Lit- lit. 2 I'ern, Rep. 194, Of Inter efts ivhich have been determined not to center in the Bankrupt, THE Defendant, upon Marriage of his Son, fettles Lands upon himfelf for Life, Remainder to his Son for Life, &c. and covenants, during his own Life, to pay his Son 1 5/. per Ann. The Son becomes a Bankrupt ; the Pliintiff, as an Aflignee, brings the Bill againft the Defendant, the Father, to have the Be- nefit of this Agreement, and to compel Payment of the 1 5/. 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 j and that it was fo adjudged in the Cafe of Drake and tie Mayor 0/' Exeter. And therefore difmiflcd the Bill. Coates, pofliefled of a Leafe for Years, contrafted with the Committee of tht Company for a new Leafe, and paid Part of the Fine ; and, by Coafes's Confent, a new Leafe was made to Mo^'e by the Company, and to him executed. Cititu was at the Time of Treaty a Bankrupt. The Queftion was, whether tht Commiflioners could aflign the Leafe to the Prejudice of Mofe, and Drake i Cafe was cited. i The Lord Keeper ordered that the Plea and Demurrer be oufted, and the Benefit thereof faved till the Hearing ; he doubted of the Leafe : There were other Matters for the Benefit of Mojfe alfo in the Plea. 01 !!l ;-l:J OF BANKRUPTCY. 5M lome Deed or tf the Cred'ttor:, tc/jo are fuel) ; and thtrem of proving tht'ir Debts t and how Notice of '.heir Meeting is to be f^iveii j and of' Debts due to tic Crown, F'VERY owe to whom the Bankrupt is indebted, either on Bonds and Notes, , or by Bjok-Debts or fimplc Contradls, by Recognizances, Statute Staple, or Judgments, Specialities with Penalties, Attachments, and Securities where jio Execution is luod out, is a Creditor, and has a Right to a Share in the Bank- rupt's Eftate. Creditors on Bonds or Notes, by Book-Debts or fimplc Contrafts, are equally 5 cvo. II. c. entitled to a Dividend under a Commiflion of Bankruptcy, with Creditors by i"' ^' "• Judgment, Statute, &c. and Creditors that have Debts due to them payable at a future Day, may petition, or join in petitioning, for a Commillion. But Creditors upon contingent or uncertain Debts, or upon Bottomree Bonds, could not come in as Creditors, or prove their Debts, till fuch Contingency hap- pened, before paiTuig the fubfequent Adl, viz. And as Merchants and other Traders frequently lend Money on Bottomree, or at 19 Cm. II. Rijpondentia, and caufc their Veflcls with their Cargoes to be infured j and where Commiirions of Bankruptcy have iffued againft the Obligor, or the Affurer, &c. before the Lofs of the Snip or Goods has happened, it hatn been made a Queftion whether the Obligee, or the Affured, (hould be let in to prove their Debts, or be admitted to have any Benefit under fuch Commiflion, which may be a Difcourage- ment to Trade : For Remedy whereof, it is enaSled, that from the 29th of OSiober, 1746, tlie Obligee in any Bottomree or Refpondent^a Bond, and the Afliired in any Policy of Infurance made bona fide upon a valuable Confideration, fliall be admitted to claim j 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 Commiflion of Bank- ruptcy j and fliall receive a proportionable Dividend with the other Creditors of the Bankrupt's Eftate; and after the faid 29th of October , every Bankrupt fliall be dif- charged from the Debt on fuch Bond and Policy of Infurances as aforefaid, and (hall have the Benefit of all the Statutes againft Bankrupts, in like Manner as if fuch Lofs or Contingency had happened, and the Money payable thereon had be- come payable before the Time of the ifliiing of fuch Commiflion. Creditors may come in within four Months after ifluing the Commiflion, and i 7«. c. 15.' until a Dividend be made, and fliall be at Liberty to prove their Debts under the ''■ ♦" Commiflion, without paying any Contribution or Sum of Money whatfocver, for or on Account of fuch Debt. Creditors, upon what Securities foever they be, come in equal, unlefs fuch Bann't Abr, as have obtained adtual Execution, or taken Pledges for their Juft. Debts before the ^S"- Bankruptcy. A Creditor, though he hath Security, may come in and prove his Debt, be- 7 Vin. »br. caufe poflibly his Security may prove deficient ; and every Creditor is to fwear, P'' *" whether he has a Security, or not j and if he has a Security, and infifts upon proving his Debt, he mufl deliver up the Security for the Benefit of the Creditors et large, under the Commijjion, unlefs it be a joint Security for the Bankrupt and another Perfon j for then he may come in for his whole Debt under the Commiflion, without being compelled to deliver up fuch joint Security, as he is intitled to get in what he can from the Co-Security. Where a Creditor proves a Debt under the Commiflion, and alfo proceeds at Law for the Recovery thereof, and detains the Bankrupt in Cuftody on the Aaionj his only Relief is to petition the Chancellor, that the Creditor or Plaintiff may make his Eledtion, either to abide by the CommifTion, or to proceed in his Adlionj whereupon he will be ordered to make fuch Eledtion within a limited Time, ufually about a Week ; and whichever Remedy the Creditor chufes, he will be at liberty to aflcnt to, or diflent from the Certificate : But if the Eledtion be to proceed by Law, the Creditor mufl: wave all Dividends under the Commiirion. See Greene's Spirit of the Bankrupt Laivs. If a Man trade with a Bankrupt between the Adt of Bankruptcy and the ^ ^''''- Ahr* Commiflion fued out, whether by Delivery of Goods, or Payment of Money, ^' '"'■ '* 7 D ' without f.k. >k 1^: '% ,M'~ 56a !' 11:11^ ■m m m 41(9. Rrp. parte ■ 'aikim -. y^. 675. OP BANKR[fPTCY. without Notice of the Adl of Bankruptcy, the Rankrupt keeping open Ttiii fuch Perl'un lliall coinc in as a Creditor fur futh Gouds or Money. Special Cafes of Debts that may be proved under the Commi/Jiou, jfNNU ITT. Lord Hardwicke referred it to the CommifTioncrs to ftttle ^^ the Vahic of an ylnnuitant's Life, and that fhe be admitted a Cicditor ("or fuch Valuation, and the Arrears of the Annuity, and not fur the wiiolc I'urchiii'c Monty. ylpprer.tlce. The Commiflloncrs may allow a grofs Sum out of the Va\\Xq for binding him to another Mafter, but the Court alone can order Jiim to be admittij a Creditor ; accordingly. Lord Chancellors, King, Talbot, and linrdxfickc, ordeixj an apprentice, whofe Mafter became a Bankrupt, to be admitted as a Creditor un- der the Commiflion, on Account of the Apprcntice-1'ce reccivai liy tlic Mailer, only for the remaining Sum thereof, after deducing for the Time he lived with the Bankrupt. Bail. If y/. is Bail for B. cither to bring his Body, or to pay the Comlem- nation Money, and B. becomes Bankrupt, he may come in as a Creditor. If the Bail be liable, tha' is, if he has juftificd himfclf as fuch, lieforc his Principal becomes Bankrupt, though he be not Jixed till aj'ter, yet it fcems he is well entitled to make his Claim forthwith, and to pnve, as foon as he has paid the Condemnation Money. Children. A Child living with and maintained by a Parent, who receives the Earnings of the former, may be admitted a Creditor under her Father's Commillion, but with Caution : Thus, upon a Petition on the Pa.t of Mifs Macklin to be let in as a Creditor on the Eftate of her Father a Bankrupt, for the Monty he had received iVom the Managers of the Threatrcs on her Account, offering an Allowance thereout for living with, and being maintained by him, during the Time of her a»;ting upon the Stage: It was alledged on her Part, that the Court is fo far from giving tiie Father all the Earnings of the Child, as not to fuffer a Father to be ealedof the Maintenance of a Child, who has a Fortune, but will let the whole Intcrcft at- tumulate, and the Father maintain the Child, unlefs unable to do fo. The Lord Chancellor faid, he was under fome Ditliculty for the Sake of the Precedent J for if it is true, that this Queftion is the fame as it would have beea between the Daughter and the Father, if he had not been a Bankrupt, and could anfwer to an Aftioii for himfelf j whetlier after all this Tranfadtion tlie Daughter could in an Adtion ha\e recovered againft the Father all this Money, as Aloney had and received to her Ufe ? He faid, it might be dangerous in London to lay it down as a general Rule, that if a Father having fcvcral Children, who am Money which he receives, becomes Bankrupt, every Child can come and claim his Debt for that Money fo had and received while they lived together, and were Part of his Family. A Father frequently fends out his Son to work as a Journeyman, and his Earnings are taken to be his P'athcr's. Here, Hiid his Lcnllhip, the Father, Mother, and Daughter were all Adors and lived together ; the Father received the whole. It is extraordinary to fay, tliat after a Length of Time, this fliall be all called back, becaufe of an Att of Bankruptcy. Herefervcdit therefore to the Commiflioners to inquire, how much the Father received to the Child's Ufe, uiilefs as to fo much as was a Covenant with the Daughter herlelf. Relations. Debts of near Relations to the Bankrupt, efpccially Securities, as Bonds, Bills, ^c, arc generally looked upon with a jealous Eye by the other Creditors, therefore great Care fliould be taken by the Conimithoners to be fa- tislied of the Validity of the Demand. And fuch Creditors (hould take eveiy Precaution to eftablifli the Validity by proper Vouchers, if called upon. Grcd> Spirit of Bankrupt Laws. Servants. The Commiflioners generally recommend to tlic Afiignees to pay the Whole of the Wages of menial Servants ; but where the Wages of Clerks, and other fupcrior Servants arc very large, and the Arrears long, they fhould prove their Debts, and come in as cuiaiuon Creditors. Itiid. One OF IIANKRUPTCY. 5^'.? On- reizcii of L:iiuls in Fee, owes a Dclit hy Statute, ami afterwards ''ccomcs ^''J^«^' ^ a liaiiknipt, anil the Crcilitor by Statute extends the l,aniisj tlieii a C'oininif „K'i'^',i„,'» __ I'umot" Hankruptcy is Cued i :; and wlKtlier the Lands (hould be liable to tiie' ''"'•"'j//- Statute Creditor, was the Queftiun. 'itrm.'^oO. This was refcrreil by Lonl Chancellor to the Judges of tlie Common Picas, who held that a Creditor by tiie Statute, and a Statute not lucd, and executed before the B.inkruptcy Ihould come in only pro rata, though tliere were Lands in l-'ec bounil by the Statute. In Fdruary 1716, the Defendant F/<7t7'ir, being fti/ed in Kecof fome I-ands in A//.^. ntf BiifordjI.irc, borrowed 1500/. of the Plaintiff Orlcbar, one of the Mailers In";';/,;;;,;, Cb'fimy. On a Judgement afterwards, riz. yliigtijl 20, 1717, the Defendant ,i,e Duke of hictcLr articled with t'he other Defendant, the Duke of Kent, to fell the Preinifes ^'/;';^„. ,^^ to the Duke in confideration of 5000/. to be paid down, and 650/. to be paid at.,., ^jfe' Chrijimas then next; the Duke to be let into I'oHefllon wt Mic/jaclmas ; fubfc-ju. qutnt to which Tranladtions, the Defendant Fletcher becoming a Bankrupt, tlie Plaintiff Mr. OrUuir, brought his Bill againft the Duke of Knit, I'lftchir the Dxnkiupt, and the AfPignees under the CommilVion, praying that the 650/. re- niaiiiing in the Duke's Hands might be paid to the Plaintiff towards Satisfi.'tion of his Judgement. I", the prim ipal Cafe the Court faid that the Duke could not be deemed a Pur- chatcr until he had puid tlie 650/. which remaining in the Duke's Hands, was Part of the perfonal Kftate of the Bankrupt, and muft be liable to his Creditors. Wherefore, per Cvriam, let the Allignees convey the Premifes in Fee to th-j Duke oi Kent, in the lame Manner as the Bankrupt had articled to do, they ftand- ingin his Place; and in Confideration of this, let his Grace pay the 650/. to the Ailignees, for the Benefit of the Creditors ; and as to the Plaintiff Mr. Or- leliiir, the Judgement Creditor, he muft come in for a Proportion only with the Reft of them. yl. draws a Bill payable to B. on C. in IlcllanJ tor 100/. C. accepts it; afterwards Exp-iru Rsf- A. and C. become Bankrupts, and li. receives 40/. of the Bill out of C'.'s Effedts, ^"^,*|^| j,...^ after which he would come in as a Creditor for the whole 100/. out of A'^ Effects. .,„. //,/ r. "'J- jR. permitted to come in as a Creditor for 60/. and the Mafter diredted to fee whe- 'J^'*' l""' ther the other 40/. was paid out of yl\ Eftedls in C's Hands, or out of C's own' '"'"'^" Etfcdh; if the latter, then C. is a Creditor for this 40/. alfo, but if out of y/.'s Etfcds, then the 40/. of the 100/. is paid off. yl. gives a Promiffory Note for 200/. payable to B. or Order ; B. endorfes it to Ex pnru it- C. who indorfes it to D. A. B. and C. become Bankrupts, and D. receives five^j'yy'"'' ^!^"' Shillings in the Pound, on a Dividend made by the Ailigntes againft A; D fliall Ka'rter lirm, come in as Creditor for i ?o/. only out of B's Effedts, and if D. paid Contribution- '7-7' ^- <-'• Money for more than 1 50/. it f hall be returned. '"^ Francis Venaker, Elq. Son and Heir, and alfo Executor o£ Nicholas Venaker, his F,a,u\t i,„n- Father, Plaintiff, fued the Commiflioners and Affignecs of a Statute of Bankruptcy^'? ^^^.'J/ againft one SLelkury, to be let in to pay his Contribution Money, and to have a vi^.'d -A. proportionable Benefit of tlie Bankrupt's Eftate with the Reft of the Creditors. /''"l''!''' ',;"!'• The Cafe was, that S/jell>ury, who was a Scrivener, and Agent for the Plaintiff's "xuC"'^-^."' Father, had got fcveral thoufand Pounds of the Father's Money in his Hands, for 23 Car. 11. which he had only Shelhury's fingle Bonds, on fome of which he got Judgement and Execution on S/jel/>i/ry's CJoods, which were appraifed, and Part thereof came to the Father's Poftellion in his Life-time, or to his Bailiff after his Death, and were fold by them. That a Commitlion of Bankruptcy was fued out againft the faid Shellmry ^y the Defendants, who pretended that Sheliury had committed an Adt of Bank- ruptcy before the Father had obtained any Judgement againft him. That Lrjhn and Nnjh had brought feveral Adtions againft the now Plaintiff and liisTruftees, in three of wliich Adtions they were non-fuited; that in another Ac- tion be had obtained a Vcrdidt for 970/. fince which the Plaintiff, before any Af- lignment of the Bankrupt':. Eftate, hath offered to pay his Contribution Money, be- ing a Creditor for above 6000/. The Commiflioners infift that they found Shelbiir) a ilankrupt before the Father's Judgement, and the Aftignces lay that they have re- covered againft the Plaintiff" 53/. i:)amagcs, in an Aftion of T/stw, ior Shelhury's Goods li*,. r ' > h .„ 1|!i:'.^i^ Hi! c- ^ 'm hi-', '■■■• I f.i. '1 pi ! ■ i'r" 'i'^ |!.if* j : . ( , jKi li< " . .. If 111 i^!l 564 OF BANKRUPTS. aI.v.7»/'« t'ltih'i Ktp. 316. Mi71- '<) C*r. II. Cooils in Iiis Hands, &r. Hut now the Cuiinlll for tlic I'LiintilVoftcrin:^ f},,( 1,^. lliould ft.uiii in his Fiithcr's Stead, and heait()iintal)Ic for all tli.it tlic I''.itln.r lnj received of the Uankrupt's Mftate, and that he tliould pay a rcafonahlc I'ropoitiotj of Contribution-Money, fo that he may be let into the Statute, which t)rtlr5 tbi" Court drnri/ (hould be accepted, and he admitted a Creditor accoriiiiii;!/. The Plaintiffs lived in Ghuci'jitrjhirc, where alfo one iUilhi' lived, uIkj owoJ them Money, and having committed foine Ai*ts of Bankruptcy, he a^t.r'vurds came to an Account with the Plaintiffs, and lold them fcvcral Parcels of (;uoi]s in Satisfadlion of their Debts. The Defendants lived in LonJon, to whom alfo the faid /i////v wns indcluali and they having employed a Pcrlbn to difcover his IKlatc in tlv Country, and hwv it liad been difpofcd of, and to procure the fame to be dillrilnit^-d eipi.illy anion:;ll all his Creditors ; it w.is at lail agrceil amongll them, thi'.t the I'l lintilf (hjuLi wave the Difpofal of the Goods to them already made by the fiid /{//VA, andtlut they Ihould have an equal Diftribution with the Defendants, in I'roportioii to their refpcdtive Debts ; ;uid for that Pur[X)((;, that a Comniiliuiii of |J,iiil:rupftv Ihould DC taken out at LouJon, and executed there, ami all the liiid Debts put in Hotchpot. Accordingly a Comniiflion was executed at LonJon, but witliout giving Nntire thereof to the Plaintiffs, or any Commiflioners fcnt into the Country, to ioi:i with the others therein, in Order to a perfed Difcovery of the fiid lUilbe'$ Llliitc, as agreed on. And afterwanls the Defendants prevailed with the Commiffiontrs in L-.nh:, within a Month after the Exec\ition of the Commiffion, to make an Aili^;iiinciit and Dividend of the faid Bankrupt's Kflatc, contrar) ' > tlu* iaiil Agreement: in- tending thereby to exclude the Plaintiffs ; and now reliife to let them come in tor their Shares, though they have offered to pay their Contribution-Money, .ind Projiortion of the Shares of Commiffio:i ; but have brought Actions of Trs- ver for the Goods fo fold and delivered by the faid lUit/jc. To be relieved againft which Adions, the Plaintiffs have brought this Bill -, and that the faid Agreement might be performed, and the Dividend made amongft the Defendants be fet afide, and that the Plaintiffs may be let in to have an equal Di- ftribution with them. All which Matters appearing to the Court, though the Defendants denied tlie faid Agreements, yet fuch Relief was decreed, as the Plaintiffs had prayed. An Adion was brought by the Plaintiff, an Affignce under the Comniiilion of Bankruptcy, againft the Commiffioners of Land-Tax. In this Cale, one I'lr- before i.ovS /cic'was a Collcftor of the Land-Tax, and had colleded a great deal of .Money for Kajmuj. the publick Ufe, and on July 7, 1731, abfconded and became a Bankrupt; and on trie i6th of the fame Montli and Year, the CommilFioners brought their War- rant, and feifed his Goods, &c. after a Commilfion was taken out, and the Alfignces appointed. This Cafe was tried before Lord Raymond, and Verdid given for the Plaintiff, fubjed to the Opinion of tJiis Court. Serjeant D. The only Queftion in this Cafe is, whether the Ad of Bankruptcy fo took away the Property of the Goods before Alfignment, as to make them ceafe to be his ? C. y. If an Extent be iffued out, nay, only one tejli'd, before the Goods, (iC. are affigned, that Extent will be good. D. That is a Prerogative Cafe, but this is in the Cafe of a private Perfon. In C. B. in London, 3 Geo. II. ylndrews and Sir Matthew Decker's Cafe was tried 3t Niji Prius, before Chief Juftice Eyre, and the Adtion was brought againft Sir Matthew for a falfe Return to a Fieri Facias, viz. nulla bona. It appeared on Evi- dence, that Goods of the Defendant were in tlie Houfe at the time of the Rflurn, but that the Party whofe Goods were to be taken, became a Bankrupt before the Writ was delivered to the Defendant, and that a Conimilfion was iffued againfl him, but his Goods were not alligned over by the Commifiioners. Here the Commiffion was held to be lufliciciit Proof of hi* beinga Bankiu^it. 6 ' Serjeant MLk y.C, C) F B A N K R U P T S. ^(.j Scricant E. This Cifc concerns the Crown, nnd thcrcr)rc the Prnpcrty Is not altered till Adlj^nmciit, ;iiiil ;in Ivvtciit in Aiil cvcniti-il I't'forc tlic Atli ,'iiinfnt is I'ooiii lo in 3 A'lV*. 14. The Crown is not bound l>y St.itntCi rcl.itin^ to U.inlt- rupt'; 1 lo Sir IVilluim J nit 203. An Ivvtcnt and a Warrant from thj Coinmif- liDncrs of tiu- Land Tax, alters only the Manner of lollccfVint^ the Money of tiie Crown. My the Statute of 3 (in. II. fol. ?. ^. if any Colleiilor refufcs to pay the Money which he has colleckd, any Commiliioncr may commit him, and lei/e his I'lbic J and ti»is is a new Law, and (hall control all the former Refolutions. 3 I.iV. (h). If) I. '')'• C. /). This Cafe docs not concern the Crown ; for hy the vStatntc 3 Geo. II. fo'. 18, ir appears that the Seizure of the Colledtor's Kilatc is for the Ikviefit of the i'aridi, wliieh is anlwerahle for the Money at all Kvents ; thercl'ore tlic Parifh in to return to tlie Connniiiioners fuhllantial Men to ho Collectors and Adlllors, and the Money coUeilcd comes not to the Crown till it is paid into the Hands of the Receive-. r. /. In this Cafe arc two Qncftions ; the firft is, whether, if this be the Cafe of a private I'erfon, what l'"-(K'Lt an AOof Bankruptcy has on the (i(jods, in that Cafe, before an Affigimicnt ? In the Cafe of a |uivate Perfon, there is no adual veOin^; the Bankrupt's PJlatc before Ailignmcnt, becaufe the Commiflioncrs have oidy ;i Power of Difpofal ; but after Afligimient they veft to many Purpofes by Relatioi from the Time of the Bankruptcy, as to avoid the Ads done by tlie Bankrupt him- klf; and therefore I think, if a Judgment be given againftonc before a Bankruptcy, and the Execution be completely executed by Sale of the Goods and Payment of the Money over before tiie Allignment, that the Execution will be good. But here, ina Cafcof a private Perfon, the Execution would not be completed, for the Goods were not difpofcd of by the Officer before the Alignment ; and then I think this I'ommifllon will over-reach it. So the Qiieftion is, whether this is a PrcrOj,Mtive C.ife ? And it fccms to me that it is ; for though the Money when levied is to bi applied to the public UCe, yet it is always confidercd as Money of the Crown; therefore it is always recovered by the Prerogative Power ; and I think it iiard to imagine that the fummary Remedy given to the Commiirioncrs by the Statute of ', Gc'ij. II. (hould put the Crown in a worfe Cafe than it was before; and if an Ex- tent in this Cafe had been fued out, the Goods would have been bound even from the Tijl of it ; and there could be no Relation. The Queftion here is, whether this Warrant can have the fame Effedl as an Ex- tent would have had ? As to the Parifh being liable, that makes it not lefs the Mo- mvof the Crown than before, for that is only giving the Crown a double Security for the Money. And in the Cafe of Bo.v and Norton, it was held that an Extent and Execution, after Affignment, would be good. The other Judges Md little to it. See Salkcld 1 1 1 . contrary to Andrews's Cafe cited by Dariinll, anil per Curiam. It TOs ordered to ftand over. A. fells Land to li. who afterwards becomes a Bankrupt, Part of the Purchafe i /Vrv. tf,-. Money not being paid. yl. Hiall not be bound to come in as a Creditor under the ^! *■ ''''*•♦■ Stamtc, but the Land fliall ftand cliargcd with the Money unpaid, though no Tmn^ ^' Agreement for that Purpofe. If there be an Adt of Bankruptcy committed, and a Creditor obtains a Judgment f"/?r Term, fubfequent to it, the Judgment is hereby avoided. '^ "'■ '"' A. and B. were Sureties for C. for the Payment of fome Money, and had "''/"|^^.''* Counter- Bonds to (iive them harmlefs ; the Money was not paid at the Day, and fj-^ *" the Sureties paid it, and afterwards C. became Bankrupt; the Q^icftion was, ojLrnii„t whether they were Creditors within the Statute, and it was refolvcd that they "''' *"•""'"'• were; and fo it has been determined in feveral fubfequent Cafes. No CommilTion of Bankruptcy can remove or carry aw.iy any Goods bclonginf^ to a Bankrupt, till all the Rent due to a Landlord is paid, although tlicrc be feveral Years in Arrears, provided the Landlord feizcs for Kent before the Goods are re- moved ; but if the Landlord does not feize before the Commiiiion takes the Goods off 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 upon the Premifes to pay the Landlord's Rent, he can only take what Goods there arc, and after they arc appraifed and fold, 7 E as I H t! l», I arSHfl 566 ' l!J, lei!' Monlv.Chy ton. 3 Klh,l:^ iaflir. 24. Car. II. AW. Rep. 5j.pl. 1. Mcni V. C&y. (M. Mkh. 24. C«f. II. « Wilf. Rep. C. B. 270. yCrt.l.C.ji 3 W7//. Rep. C.B. 272. /W. 13. 5 JO, W/,/. 3- O 1- BANKRUPTCY. as the Law in Cafes of Diftrds for Rent diredls, tlicn the Landlord may come in as a Creditor for the Rent remaining due, witii the Reft of the Creditors. All Debts due to the Crown are preferable, and to be paid before any otlicrs except where an Elhte or Intcrell is incumbered, conveyed, or configned, prior to fuch Debts due to the Crown ; and in the Cafe of a Landlord, where a Year's Rent is to be retained before an Extent can take Place. And in the Cafe of a Coniminion of Bankruptcy, if an Extent is taken out the fame Day and executed with the Commiflion, the Extent fhall take FIucl-, and carry away the Eftcdts before the Commiflion j and according to the Cafe of Braffty and Dnivfoit, hereafter mentioned, an Extent Ihall take Place before the Tcjle of the Writ, though not executed till fonie Days after a Commiirion jf' Bankruptcy; and notwithftanding an immediate AHignment has been madeoftho Eftate and Efteds. But if an Aflignment is made before the Execution, or the Tejle of the Extent, fuch Aflignment takes Place before the Crown, and the Crown can then only com; in as a Creditor, pari paJJ'u, with the Rert of the Bankrupt's Creditors j which the following Cafes will make appear. Mr, SoUicicor prayed the King's Procefs might take Place againfl: the Affigna; of Co.Timiflioners, the Defendant being a Banknipt j which by th.e Court cannot be, unlefi Seizure be made and returned by Inqueft before the Aflignment ; aLb this being not an immediate Debt, but in Aid of Receivers, who were jointly bound with Mo-ik, the Court refufed to deliver Money, till an Inqueft be returned oMhii particular Debt, though Clayton himfelf was Sherift", and would return none } aiii an jidjournatur till Notice to the King's Attorney. Mr. AttO' ney Finch prayed, that Money of the Plaintiff's, being a Bankrupt anJ • an immediate Debtor to the King by Returns of Money from the Conimiffioncrs of the Excife, which in Truth was from one Thijilewait, a Colledor, niii^ht not he delivered out of the Court to the Aflignees of the Commiflioners. On Nor-ividh Cafe, 4 Car. L in the Exchequer, that the King in fuch Cafe Hull be firft fatisfied; contrary, where his Debt is but in Aid of another. But it was not allowed, but the Money ruled to be delivered to the Aflignees, and tliat tlie Kir.?; may, byit//; Facias againft them, recover it. Special Cafes of Debts that cannot be proved under the Commiffim. DE BTS payable upon a Contingency, which may poflibly never happen, cannot be proved. One having only a Caufe of AAion, cannot come in and prove it as a Debt. Creditor, during Bankruptcy, having a Verdidl with Damages and Cofts, in Aflault and Battery, before Bankruptcy, but not Judgment till after Ceitilicate, cannot, in the Opinion of the Court of C. B. come in under the CommiiTion; fuch Demand n'^t being a proveable Debt, becaufe not due at Time of Bankruptcy. Refolvcd, that the Acceptor of a Bill of Exchange, drawn on him by Bank- rupts, who promifed to indemnify him, before their Bankruptcy, coiilil not, on hii being fucd and charg'ui in Execution, come in as a Creditor under the Conimirfion; becaufe no Debt was due or owing from the Bankrupt to the Acceptor, until he was charged in Execution; and his Body being in l^rifon upon Judgment and Execution for a certain Sum, was held by the Court of Common Picas to be tlw f?me Thing as if the Acceptor had paid the Debt and Cofts due on tlic Bill ; anJ then, and not before, the Bankrupts becajiic indebted to the Acceptor, which was after the Bankruptcy. If yl. has a Bond of Indemnity from B. and the Condition be broken, and afterwards B. becomes Bankrupt before .» under the Coniniiirion', for the wliole Debt is void. '['^^f''' The ComniHrioncrs fliall forthwith, affer they have declared the Perfon a Bank- 5 ««. ll. c. nipt, caufe Notice thereof to be given in the Gazette, and Hiall appoint Time and ^°- ''•*''• Place for the Creditors to meet, which Meeting for the City of London, and all Places vvidiin the Bills of Mortality, fhall be at Guildhall, in Order to chufe Auignecs ; at which Meeting the Commiflioners fhall admit the Proof of any Creditor's Debt that fliall live remote from the Place of fuch Meeting, by Affidavit or Iblenin Aflirmation, and permit any Perfon duly authorized by Letter of Attorney (Oath or AHirniation being made of the Execution thereof, either by an Affidavit fworn, or Affirmation made before a Mafter in Chancery, ordinary or ex- traordinary, or before the Commiflioners viva voce ; and in Cafe of the Creditor's relidi;ig in Foreign Parts, fuch Affidavits or Affirmations to be made before a Ma- giitrate where the Party fliall be reading, and fliall, together with fuch Creditor's letters of Attorney, be attefted by a Notary Publick) to vote in the Choice of Allignees, in the Place of fuch Creditor. yf« Oath of a Creditor for proving his Debt before the Commijioners. YOU fliall fwear that C. D. late of, &c. at the Time of his becoming a Bankrupt, was juftly and bonajide indebted to you in the Sum of, Csff . and ' that you have not fincc that Time been any Ways paid or fatisfied for the fame, ' or any Part thereof,' AW, every Man is to fubfcribe his Debt, and the Commiflioners are to enquire \7hcther the Debts were contracted during the Trade. Where Copartners are Bankrupts, having joint andfeparate Eftates and Creditors. OF two Partners, Brewers, the one becomes Eankrupt, and the whole Debt Rufiwertb v. was afligned over j but it was refolved that tiie Affignec fliould only recover ^''^f'"- i Moiety, becaufe only one Moiety palt by Aiugnment. 103. fa/?»r If there are Accounts between two Merchants, and one of them becomes Bank- J,"^'}/'''"'' rupt, the Courfe is not to make the other, who perhaps, upon ftating the Accounts, luiu i\'. is found indebted to the Bankrupt, to pay the whole that was originally intrufled »'9 'as- to him, and to put him, for the Recovery of what the Bankrupt owes him, into p'f{^ff„r,i,c. tlie fame Condition with the Reft of the Creditors, but to make him pay that only J iMoj.Rep'. whicii appears due to the Bankrupt on the Foot of the Account, otherwife it wtll ~ V ~ h for Accounts betwixt them, after the Time of the other's becoming Bankrupt, tt Car. n! if any fuch were. '" ^^• If there be fcveral joint Partners, and a Perfon has Dealings generally with one c\jMtt''\i\ of them in Matters concerning their joint Trade, whereby a Debt becomes due to ^M' IH- c. the 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 muft make his Agreement fpecially ; in which Cafe the Debt fliall be only his andiiJD Executors, and fliall notfurvive. If one or more of the joint Traders become Bankrupt, his or their Proportions only ace alTignable by the Commiflioners, to be held in common with the Reft who were not Bankrupts. If there be an Adl of Bankruptcy committed, and a Creditor obtains Judgment, fublequcnt to it, then a Coniniiflion is taken out j now the Judgment is thereby Tivoidcd, If there be fevcr.tl 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 Proportion. And if there be four Partners, thereof three are Bankrupts, and their Shares afligned, and a Payment is made to him ■i; ;'^.^^J lh.!l jl t if! ■ki ,^i:i;: i' V; 'k^fi ■ ■': I P"^ li 563 Of BANKRUPTCY, him that was nc Bankrupt, it is a Payment to all the AfVigiiccs, for now they are 'a\\ P'lrfnpi-c all Partners. yJ. anil B. became Partners in ibme Iron-Mills, and fome Time after ^1. jllcd»cj that B. had not broui^ht in his Proportion of the Stock, and had waded the juint Dt't'njr.-aj jioil H'/iMrrt V, Term" i6q!" Stock for which he brouj^ht a Bill againft iiim to be relieved, and the M;itter by Confent was referred, and the Rtferree awarded that B. Ihould, in C^onridiration of the above Allegations being proved, deliver to yl. what remained of the Joint- Stock, and the Leafe of the Iron-Mills to be by him enjoyed to his own Ufe, nnil gc.ieral Releales to he given ; 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 by Bo;d, had -^n Airignment nuuie to him by the Compiiflioners, and brought a Bill to have an Account oFiJ.'s lUlate that came to the Hands of yl. and alledged, if any fuc!i Award was made it was after ludi Time as B, became a Bankrupt; but there appearing no Fraud in the obtaining of tlie Award, and the fame being in an Adverlary Caule and the Award afterwards excepted to, C^c. although B. might be tiien a Bank- rupt, yet not being known fo to be at the Time of the Award, the Court decreed inch Award ought to rtaml. i^ure, if the Decree upon a Rehearing was not revcrfed ? It,c!.-n:://ii y. yl. B. and C. were Partners in Trade, and C. embezzles the Joint- Stock, con- «,Waim. &c. tra,i^s private Debts, and becomes a Bankrupt : The Commiflioners allign the 7;//'. iVroi, Coods in Partnerlhip, and A. the Plaintiff, brought a Bill for an Account, and to ^'93- have the Goods ibid to the beft Advantage, and infiiled that out of tlie Produce oTdj) &i\^ of them, the Debts owing by the Joint-Trade ought firft to be paid; and that out of C.'s Share, Satisfaction mull be mad^ for what he had walled; and that the Allignces could be in no better a Cafe than the Bankrupt, and were entitled onlv to what this third Part would amount unto, clear, after Debts paid, and Dcduclwns for his Embezzlement. And the Court feemed to be of that Opinion ; but knt it to a Mafter to take the Account, and ftatc the Cafe. A. and B. being joint Traders, a Commiflion of Bankruptcy iffued againft them; their feparate Creditors applied by Petition, that they might be let in for their Debts upon the refpeflive feparate Eftates of the Bankrupts under that joint C;;m- milllo ■., as the feparate Eftates were of fmall Value, and would nut bear the Charge of taking out two new Commiliions againfl them refpectively. Sx/iartc The Lord Chancellor ordered them to be let in to prove their lt;parate Debts, Crciva'tr. upon the joint Commiffion, they paying Contribution to the Charge ot'it; and IrT'-r''^^' tlireded, that as the joint or Partnerfhip Eftate was full to be applied tu pay the 1715. Partnerlhip Debts; and as leparate Creditors are not 10 be let in upon the joint Eftate, until all the joint Debts are lirft paid; fo likewife tlie Creditors to the Partnerlhip (hall not conie in for any Deficiency of the joint Ellate, upon the le- parate Eftate, until the feparate Debts are firft paid. Two joint Iraders becoming Bankrupts, there is firft a joint Coinniiiiion taken out, and the Commillioners aliign the real or perfonal Eftate of tiiein both, or either of them ; and afterwards leparate Coinmillions are taken out againll them, I"^- and an Aflignment is made by the Commillioners of thefe Commiliioiis toother Aflignees, and thefe apply by Petition to tlie Court, that they might be at Liberty to fue at Law for the feparate Eftates ; but the Loul Chancellor decreed, that the Aflignment made by the Commillioners upon the joint Comiuiliioii, jwliesas well the feparate as the joint Eftate of the two Bankrupt Partners ; tiicrelore the AHignees on the feparate Commiflions can make nothing of thei"- Adion at Li*, and he would not luftcr tjiem to fpend the Eftate in vexatious Si' its there; but if they would join in a Bill in Equity for an Account of the feparate lilbtes, he would not hinder them. It is fettled, and is a Rcfolution of Convenience, that the joint Creditors Ihalihe firft paid ou: of the Partnerlhip or joint Eftate, and ti'.c fep irate Creditors out of the feparate Eftate of each Partner; and if any Surplus of tiie joint Llhte, betides what will pay the joint Creditors, it Ihall be applied to pay the leparate Creditors; and if a Surplus of the feparate Eftate, beyond what will fatisfy tiie leparate Creditors, it ihall go to fupply any Deficiency tiiat iniy remain as to the joiat Creditors ; but, for the Ealc of both Parties, let it be lelerrcd to a Coinmidioiier 6 i:i Fx pnrtt Cook. 2 Vctr mil. M:d: 1-2X. ;co TcriTii 2 Ftrit. 7 Ft far! t Cr.fir rr^ as nipntioncd Ul'oie. 6. OF BANKRUPTCY. ^69 in ench Commiflion, to take an Account of the whole Partncrfliip Efflds, and the fcparate Eftate and EiFe(5ls of each of the Partners ; and if the Coinniiirioners find any Thing difllcult, they are to ftate it fpecially ; and with Regard to the Surplus of the'Partnerfhip Effcdls, beyond what will pay the Partnerlliip Debts, nnd the Surplus of the feparate Effeas, if any, above what will pay the fcparate Debts, each Side to apply to the Court for fuch Surplufles. If there are two joint Traders, and one of them becomes a Bankrupt, the Com- ////. Rf,. 2, miironers cannot meddle with the Intereft of the other, for it is not afFedtcd by^^'' r ■■ tnc Bankruptcy of his Companion. nT.'"' ' The Defendant A. being indebted to the Plaintiffs, became bound to them in iw^" c.j. feveral Bonds ; and the faid A. and the Defendant B. were for feveral Years Co- ^,';:f;;,';' '" ' partners, by whofe Articles of Copartnerftiip, A. was entitled to two Thirds ot the Crr.itn^ a whole Stock, and B. to one Third : The faid A. and B. became Bankrupts, and c"j/ 'ivf,'' a Commiflion was awarded againft them ; the Commillioners of the faid Bank- taji'yKmn, riipts afligncd all their Eftate to the Defendant C. and others, rcfufmg to let the n '-"'•ll- Plaintiffs, Creditors of the Bankrupts, come in, and intend to divide the Eftite among the joint Creditors of both the Bankrupts, by Reafon whereof the Plaintiff's Debts will be utterly loft. The Defendant infifts, that it was agreed by Indentures of Copartnerfliip, that all fuch Debts is ftiould be owing on the joint Account, ftiould be paid out cf the joint Stock, and at the End of the Partnerfhip, each Copartner take and receive to bis own Ufe his Share of the joint Stock ; and that the joint Stock or Trade fliould not be charged with the private or particular Debts of either of the Partners, but that each fhould pay their private Debts out of their particular Eftates not included in the joint Stock ; that if both of the faid Parties ftiould be living at the End of the firft three Years, of the fix Years, that the faid B. fliould come in joint Partner accordingly ; and during the faid joint Trade, the Copart- ners became jointly indebted to the other Defendants, C. &c. in 6000/. and that A. became indebted to the Plaintiffs as aforefaid, without the Confent of B. and the Money due upon the faid Bonds was not brought into the Account of the joint Stock ; and the faid A. was only a Surety, and received none of the '' .oney ; and the Defendant infifted that the joint Creditors ought firft to be paid out of the Eftate in Partnerfliip, and that the Commiflloners have no Power to grant the joint Eftate to pay the Plaintiffs, they being feparate Creditors oiA. 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 their Satisfaction, the faid ^.'s Moiety not being liable to pay the fliid A. his feparate Debts ; and the Debts then claiming were the proper Debts of the faid A. and yet, after all the joint Debts are paid, there will be an Overplus, fo that thereby the faid B. will be difcharged, and have Money paid unto him ; but if the Plaintiff and other feparat* Creditors of^^. be admitted to the joint Eftate, there will not be fufficient to pay the joint Creditors, fo that thereby not only B's. Eftate will be applied to pay A.'s Debts, but will be liable to the joint Creditors. But there can be no Divifion of the joint Eftate, whereby to charge any Part thereof with the private Debts of either Party ; snd 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 Commiflion to adminifter an Oath to the Plaintiffs for Proof of their Debts, they claiming Debts from the faid A. only, and the Conimiffion is againft^. and B. jointly, and not fcverally ; and therefore cannot admit the Plaintiffs Creditors. The Court declared, that the Eftate belonging to the joint Trade, as alfo the Debts due from the fame, ought to be divided into Moieties, and that each ^Ioiety of the Eftate ought to be charged, in the firft Place, with a Moiety of the fiiid joint Debts ; and if tliere 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 par- ticular Dtbts of each Partner; but if fuflicicnt fliall not appear to pay all the joint Debts, and if either of the faid Partners (hall pay more than a Moiety of the faid joii t Dclits, then fuch Partner is to come in before the fiiid Cominiliioners, and be aomitted as a Creditor for what he ftiall fo pay over and above the Moiety j and vas decreed accordingly. 7 F Four t iJ; :Jj|'' 'L: m^ V J tv 'I* |i V: I ^';!1':;!' Vi i 3l) Marelt, '734- Ptifr Co/i and Jchn Kraulmt Plaintiffs. Sam. Dtifi-ff* nay W al. Complain- ants. Lord Taltct'n Decree. OF BANKRUPTCY. Four Bookfellers entered into Partnerrtiip for carrying on a joint Trade, and be- ing tlien all in Holland, according to the Cuftom of the Country, appeared before a Notary, and executed Articles of Copartncrlhip, declaring jointly and fcparatelv that each had advanced 24600 Guilders, Total 98400 (Juilders, wliich Sum \v!is to pay all the Debts they had then contradted, as mentioned in an Inventory • but no Debts (liould be paid not mentioned in the (iiid Inventory, nor any Debts which either of the Copartners might contract on his own private Account- that a Suni agreed on between them fliould be allowed for Maintenance; and that all Lofs and Gains fliould be cquaiiy fliared and borne, with other ufual Covenants. The Copartnerfliip was carried on from November 1725 to May 1728, when one of the Partners, for a Sum agreed on to be paid him, quitted and releafed Iijs Claim to the other three, between whom the Articles were continued and carried on, on the firft Conditions, and one of them was intrufted with the Goods in Shop and Warehoufe. But he became profufe, and embezzled the Copartnerfliip Stock, and applied the fame to his own Ufe, and fuffered the Partnerfliip Debts to be unpaid j and having contradled private Debts on his own Account, became a Bankrupt, and a fcparate Commifllon was taken out againft him. The Meflcnger took Pofleflion of the Partnerfliip Goods, and the Commiffioners executed an Afllgnment to the Defendants, who in Confequence thereof took Poflcfi'ion of the Partnerfliip Goods and Books, and received feveral of the Partner- Ihip Debts, and were getting in the Reft, with an Intention to apply them to the Payment of the feparate Creditors, whereas the Goods are Copartnerfliip Goods, and ./Ught to be applied to the Copartnerfliip Debts j and to make the Plaintiffs Satisfatftion for what the Bankrupt had embezzled for his own feparate Ufe, and the Refidue to be divided into equal Parts, two Thirds to the Plaintiff, and one Third to the Bankn jit, to which lie is entitled, and is to be Part of his feparate Eftate, this was the Prayer of the Plaintiff's Bill, as that the Defendants maybe reftrained from felling any Part without the Plaintiff's Concurrence. Tlie Afli^nees admit the Bill, and the Articles, that they have taken Poirefiion and fold fome of the Stock without Conlent of the Plaintiffs, and have fet forth an Account in the Schedule to their Anfwer, of the Stock, and fubniit to apply the Eftate a,s the Court fliall direft j and his Lordfhip was pleafed to decree as follows : 1 . That it fliould be referred to Mr. Lightbourn to take an Account of the Partnerfhip Debts received by the Plaintiffs in Holland. 2. To take an Account of the Partnerfliip Eftate in England, received by the AfTignees, or any for their Ufe. 3. To take an Account of the Partnerfliip Debts owing by the Bankrupt and the Plaintiffs. 4. To caufe an Advertifement for the joint Creditors of the Bankrupt 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 end in taking Accounts, Plaintiffs and Defendants tp be examined on Oath, to produce all Books, (Sc. and to have all juft Allowances. 6. That what the Mafter fhall certify the Copartnerfhip Debts fliall amount to, fliall, in the firft Place, be paid by the Plaintiffs and Defendants to the joint Cre- ditors, in Proportion to their Debts, as far as the Copartnerfhip Eftate in their Hands will extend. 7. That if it Ihall appear any of the Partnerfliip Eftate remains in the Plalntitft and Defendant's Hands after the Partnerfhip Debts are paid, then the Mailer j divide the fame into three Parts. 8. And the Plaintiffs are to take two Thirds j and out of the Bankrupt's one third Part, they are to take what it fliall appear he has embezzled of the Partner- fliip Eftate. 9. And if there fhall be any Refidue of the Bankrupt's third Part, after the ?artnerfhip Debts, and the Bankrupt's Embezzlements are fatisfied, then the fame is to be paid to, or retained by, the Aflignees, for the Bcaeiit of the Bank- rupt's feparate Creditors. Account of tlic OF BANKRUPTCY, S7t 10. The Mafter may ftate any Thing fpecially; and all Parties are to be paid their Cofts of this Suit out of the copartnerfhip Eftate, to be taxed by the Mafter. On the nth of September, 1742, a joint Commifllon iflued againft Peter Otc. »j, Powel/ and Peter Powell the Younger, of Exeter, and the Commiflioners exe-'74». .^f^ cutcd an Aflignmcnt of the Eftate and Effefts to the Affignees that were chofen.o'derT^' and they, by Virtue of tlie faid Affignment, poflefled themfelves of all the joint and feparate Eftate of the Bankrupts. And the (iiid Bankrupts, having fevcral feparate Creditors, they the faid Cre- ditors, in a Petition to the Lord Chancellor, fct forth their faid feveral feparate Debts, and that they had applied to the Commiflioners to be admitted Creditors, which they rcfufed, as this was a joint Coinmiflion, and they therefore prayed, that they might come in and prove their Debts under the faid joint Commidion, and that the Commiflioners might take joint and feparate Accounts of the joint and feparate Eftates j and that what fliould be found on fuch Accounts to belong to the feparate Eftates, miglit be applied by the Aflignecs towards Satisfadlon of the lelpedive feparate Creditors j and that the Petitioners might be paid their Cofts of the Application by the Afllgnees. j , Upon which Petition, his Lordfliip ordered as follows : 1. Let the Commiflioners give Notice in the London Gazette, appointing a Time and Place, when and where the feparate Creditors of each of the Bankrupts are to be at Liberty to .prove thofe Debts under the joint Commiflion. 2. Let the Commiflioners take feparate Accounts of the joint and refpet^va feparate Eftate of the Bankrupts, come to the Afllgnee's Hands, or of any others by their Order, or for their Ufe, diftinguifliing the joint and feparate Eftate of Peter Powi-ll, as alfo the joint and feparate Eftate of Peter Powell the younger, from en.ch other, 3. That what on fuch Account fliall belong to the Bankrupt's joint Eftate, fliall be employed by the Aflignees towards Satisfaction of the joint Creditors; and in Cafe there Ihall be any Surplus of the joint Eftate, after all the joint Creditors fliall be paid tbeir whole Demands, then the Moiety of the Surplus . is to be carried tO the Account of the feparate Eftate, and to be applied to fatisiy the feparate Creditors refpedtively. ■ 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 applied towards Satisfadioii of the joint Creditors ; and let the re- fpeftive feparate Eftates bear a proportionable Part of the Charge of fuing out the Coinniilfion, and executing it, to be appointed by the Commiflioners ; and let the Cofts of this Application be paid the Petitioners by the Aflignees out of the Bankrupt's feparate Eftate ; and let it be referred to Mr. Bennett to tax the Cofts, if the Parties cannot Jigree, On this Day a feparate Commiflion of Bankruptcy was taken out againft fTil- ^ ^,^. ,y .,^ //'w; Cir/pe, by IFilliam Perritt, Plafterer, Crijpe was a Partner with EdwarJThe Cafe of Burmiiy, Efq. and Captain Earhett, in the Undertaking of building Ranelagh^^^'^"^ Amphitlicatre ; and this Debt which amounted to 426/, or thereabouts, was i'artof a Sum of Money due to- Perritt, for Plafterer's Work done in and about the faid Amphitheatre. - Crifpe petitioned the Lord Chancellor to fuperfede the Commiflion, inflfting that tliis was a joint Debt, and that he did not owe Perritt any Thing on his fe- parate Account; and on the i8th oi Feb. 1742, this Petition was heard before his Lord/liip, and on hearing Counfel on both Sides, and it not then appearing to !:s Lordfliip whetlier Crifpe was, or was not, a Bankrupt, his Lordfliip did order the Conimiflioners to execute a provifional Afl^^jnment, and did diredt an Ifl*ue to be tried in an Aftion of Trover before L.ord Chief Juftice Willes in London, wherein the fiid William Crijpe was to be Plaintiff, and fuch Aflignee Defendant, and in whicli the Point of Bankruptcy would come in Queftion. And on the 19th of ymie, 1743, the Caufe was tried at the Sittings in London, and by a fpecial Jury, between the faid tVilliam Crifpe, Plaintiff, and William Psrritt, who was chofe Provifional AflTignee, Defendant, And the ifluing the Commiflion, the joint Debt of P«*r/V/, the Aflignment, and an Aft of Bankruptcy committed by Crijpe, were proved : And after his Lord> ftip .J m ':& ^ :'■: -A .( ;• I'i l:f m. t f' 1 1 ^* n S7« OF BANKRUPTCY. (hip had cl^rly and fully fumrtied up the Evidence to the Jury, it appearing to them to be a joint Debt, they were pleafcd to give a Vcrdidl for the PlaintifT *• CriJ^e, with lo/. Damages, and 40J. Cofts, and did not find him Bankrrpt for this Debt. But a Point of Law arifing, thelaft Oaufe made in the loth Year of Queen ^««(f wMS read, which declares, that the Difcbargc of any Bankrupt by Force of any AdtS relating to Bankrupts, from the Debts owing by him, at the Time he became Bankrupt, ftiall not be conftrued, nor was intended or meant, to rcleafe or difcharge any other Perfon or Perfons, who was or were Partner or Partners with the faid Bankrupt in Trade, at the Timei he became Bankrupt, or then flood jointly bound with him for the faid Debts, from which he was difcharged} but that notwithftanding fuch Difcharge, fuch Partners or joint Obligors with fuch Bankrupts, fliall be and ftand chargeable with, and liable to pay luth Debts, and to jierform fuch Contrails, as if the faid Bankrupt had never becti difcharged for the Hime. And the Cafe was drawn up, and approved of by the Lord Chief Juflicc for the Opinion of thcCoMxXoi Common Pleas. Where the QueOion was, whether a fcparate Comrhiflion can be taken out for a joint Debt, which was learnedly fpoke to on botli Sides, but the Court came to no Opinion. fii. 1743. And it came again to be argued before the Lord Chief Juflicc Wilks on the fame Qucflion j when after hearing the Reafons offered pro and con, by the learned Counfcl, the Court gave Judgement, and the Lord Chief Juftice delivcr:d his Opinion, and his Lordfliip, Mr, Juftice Abney, and Mr. Juftice Burmt, were all of 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 ilTucd, and that a joint Creditor had a Right to take out a feparate CommifTion, and there- fore made the following Rule : May\Ti,y William Cri/pe againft William Perritt : Ordercii, that the Verdidl found for the Plaintiff be void, and that a Verdift be entered for the Defendant. And on the 1 1 th of May, 1 744, Perritt preferred his Petition to the Lord Chan- cellor, fetting forth the feveral Steps and Proceedings, and the Determination of the Cou-t in this Cafe, and Cri/pe having, purfuant to his Lordfhip's Order of the 18th of F;^. 1742, depofited 100/. in tnc Bank, in the Name of the Accompt- ant-General, to be placed to the Credit of this Matter, and in Order to Hay all Proceedings under the CommifTion, he therefore prayed his Lordfliip to difcharge his Order of the 18 th of jF^^. 1742, and that the Commiflioners might be at Li- berty to proceed in the Execution of tlie CommifTion, and that the 100/, paid into the Banik by Cri/pe, might be paid to him towards the Cofts which he had been % put to, on Account of fuing out the Commidion, and Proceedings at Law. And on the 24th of May, 1744, fuch Petition was heard before his LordlTiip, and his Lordlhip after hearing Counfcl on both Sides, ordered that the major Part of the ConimifTioners named in the faid Commiflion fliould be at Liberty to proceed in the Execution therrof, and that the 100/. paid into the liiwi of Eng- land fhould be paid to Perritt, as Part of the Bankrupt's Eftate and Effefts. And on the 26th of May, 1 744, Cr/Jpe was declared a Bankrupt in the Gazette, How Jar the CommiJJioners Jhall overreach the Atls of a Bankrupt, from the Ttint of the Adl of Bankruptcy committed. rft. AS to the Bankrupt's receiving Debts due to him from his Debtoij. zdly. As to his felling his Goods bonajidc. 3dly, As to his felling and mortgaging his Lands. ;^thly. As to his mortgaging or pledgmg his Goods, fthly. As to his paying Debts. I Jac. 1. -C. IJ. And, firft, A Bankrupt may receive his Debts after the Adl of Bankruptcy, from fuch Debtors as ddnot know him to be a Bankrupt, and the Payment will be good. . jSAw. 5M. 2dly, All Perfons buying Goods of a Bankrupt, not knowing Jiini to be ib, ^''^"'^'■'*" and paying iax ^ftta. botiA Jide, fliall be received in the Equity of the Trmj't, And let). Wag- ,^- - . ->-, l^fftniRtaJ. I 7<'f • »• *-ap' ' S' OF BANKRUPTCY. 573 And Contradts, where there is quid pro quo, the Bankruptcy (hall not over- J'} A"'" '• reach. Where it And the Reafon is, that if it was othcrwife, it would be a great Prejudice to ftf""* »" •« Trade, infomuch that it could not be carried on with Safety, and the Law{Joug{,Jo^, would be a Snare for the innocent and fair Contradtor, who cannot poflibly have were bought any Notice of the Aft of Bankruptcy ; as the following Abftraft clearly determines, "ey^'ma^y to' The Preamble obferves, that many Perfons within the Defcription of, and recovered at liable to the Statutes concerning Bankrupts, frequently commit fccret Afts of J'^J^i^g''""*'' Bankruptcy unknown to their Creditors, and other Perfons with whom they have ^W'/^Cafe Dealings j and after committing thereof, continue to appear publickly, and carry ^'*'','''' ^."* on Bufincfs, by buying and felling Goods, drawing, accepting, and negociating ,4°^'. ' .^iZ'. Bills of Exchange, and paying and receiving Money on Account thereof in the s^- »'• ufual Way of Trade, and in the fame open Manner as if they were folvent and p^ ^',"5/'* not become Bankrupt : And as the permitting fuch fecret Adts of Bankruptcy to defeat Payments really made in the Cafes and Circumftances abovt-mentioned, where the Perfons receiving the fame had no Notice of, or were privy to their having committed any Adt of Bankruptcy, will be a Difcouragement to Trade, and a Prejudice to Credit in general : It is therefore enaEied, that after the 29th P- S'6' tHOblober, 1746, no real Creditor of a Bankrupt, in Refpedt to Goods fold to, or Bills of Exchange really drawn, negociated, or accepted by fuch Bankrupt in Courfe of Dealing, (hall be liable to refund to the Aflignees of the Pankrupt's Eftatc, any Money, whl:h before the fuing forth of fuch Commi(non was really in the Courfe of Trade rcv^eived by him of fuch Bankrupt, before he had Know- ledge or Notice of his beconiing a Bankrupt, or being in insolvent Circumftanees. 3dly, If a Man fells or mortgages his Lands, the Bankruptcy will over-reach it, » Shvu. 52*. although jlie Purchaier had no Notice of the Bankruptcy, if the CommifHon ifTued within five Years after the Adl of Bankruptcy, becaufe this is a Mifchicf which docs not immediately concern Trade, and he who buys Lands, does jt at his Peril, fubjedl to all fuch Incumbrances as Lands are liable to. 4thly, If a Man mortgages or pledges his Goods after an Adt of Bankruptcy the Commirtion will over-reach it, becaufe the Mortgage or Pawning Goods does not immediately concern Trade as Buying and Selling does, and he who takes a Pawn does it at his Peril. 5tlily, If a Bankrupt pays Debts after the Bankruptcy, the Afligriee may re- cover the Money again, if it were otlierwife, it would be in the Power of the Bankrupt to prefer fuch Creditors as he (houii think fit, which is contrary to the Delign of the f fatutcs concerning Bankrupts, which 1 to put all Creditors upon a Footing. A remarkable Cafe, tried under afecond CommiJJion of Bankruptcy. ' ON this Day a CommifTion of Bankruptcy {(Tucd aeainft William KtUbt Lon~ „ m„. don. Merchant, who was found a Bankrupt, and fubmitted to th6 Statutes '73$- and fini(hed bis laft Examinatron, but never obtained his Certificate under fuch CommifTion. Afterwards he fet up the Trade of a DiftiUer near Maiden/bead in Berkfiire ; and becoming acquainted with one Ajhly, they entered into Coparther(hip, on the ifl of Auguji, 1741, to carry on the Trade of diftilling and reftifyirtg MelafTes Spirits, for five Years or thereabout?, and during this Copartnerfhip, Afbley took oJFall, ormoft of the Spirits whicn AT^/Zdiftilled. r j j Afterwards fome Difputes arif.ng betv/ecn them, and Kell being Debtor to Ap>ley on a feparatc Account, exclufive of the Copartner(hip, AJtiley, on the 2d df 74, 1742, took out a fccond CommifTion againft Kell, and was chofe fole Af- fignee of his Eftate and Effedlsj but AV// having in all Rcfpedls fubmitted to the Sututcs relating to Bankrupts, AJhley and the Reft of Kelts Creditoro figned his Certificate under this fecond CommifTion, which was duly confirmed and enrol- led; and Ajhley fold back to Kell feveral Parcels of his Houfehold Goods and Part of his Stock in Trade, as a Diftillerj for Part of which Goods AV//paid Jijiiky in Money, and for the Remainder, amounting in Value to loo/. or there- 7 ^ abouts i t '4si ■ ill % lb M-li I 1'. M \m life 1 1 J ' •t' 574 OF BANKRUPTCV. (' abouts, Kcl/iive jljh/eya Bond for lOo/. dated tiie 28th ofOJlokr, I742,|ayable in fix Months with Intcrelt, at five per Cent, and yljh/iy proniifcd to deal with Ke/i afterwards. Then Ke// again fet up the Trade of a Diftiller on his own Account, and Jfih dealt with him, and paid him for two Parcels of Spirits, after the Rate of 4;. per Gallon to the amount of 88/> i6s. On the 4th and aJth Days of yipri/, 1743, KeU fent ytJJj/ey two other Parcels of Spirits, at the fame Pric, amounting to 184/. 4/. and Ke/l's Bond of 1 00/. being then due to AJh/ey ; and KeU being unwilling that his Bond fhould be out againft him, he dcfircd yljNey to pay himfclf out of the Goods, for the Bond and Intereft due to him, and only give him the Balance for the Spirits. But inftead of fo doing, j1/h/ey in Eajler Term, 1743, brings an Adion againft Kell iot the 100/. and Intereft due on the Bond, and holds AV//to Bail; and at the fame Time by the Mcflcnger under the Commiflion, fcizes the Spirits, amounting to 182/. 4/. as Afllgnee under the fccond Commifilon, and heinfifted to retain the fame, in Tniftfor himfelfand the other Creditors of AV//, under the fecond Commiflion, by Virtue of the ninth Claufeof 5 Geo. II. -^/j/<7 proceeded in his Aftion, and Kell by Way of Set-off to the Debt pleaded, that before the bringing of this A^on, Ujhley was indebted to him in a much larger Sum, vk. in 184/. 4-f. for Goods fold and delivered, out of which Sum Kell was willing to allow the Principal and Intereft due to AJhley on his Bond -, and upon this llFue was joined. vuh. Term. Pending this AAion Kell filed a Bill in Chancery againfl Ajklcy, and prayed that '74 J- AJhley might difcovcr, whether he had not agreed to purchafe fuch (iocjds of him, and if fuch Goods did not come to his Pofleffion j and to be relieved in feveral other Matters complained of in fuch Bill, and that Ajhley might be enjoined from proceeding in ' fuch A(ftion. To this Bill AJhley 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 infifled upon his Kight of retaining them as Aflignee under the fecond Commiflion by Virtue of the above-mentioned Claufe ; Kell's EfFeds under the fecond Commiflion not amounting to pay fifteen Shillings in the Pound j but whether fuch Goods were, or were not, rightly feized, he was advifed was a Matter ought to be tried at Law, where Kell, if at all, had his Remedy ; and the Court did not think proper to grant an Injundtion, but fent the Parties to Law, and then Ajhley proceeded in the Caufe. And on the 30th of November, 1743, it was tried before the Lord Chief Juftice Lee, 3X Guildhall. And upon the Argument of this Cafe, it was infifled by the Counfel for Ajllq, that thefc Goods were not the Property of Kell, and therefore that he could nut fell them J but that they catne to Ajhley, as Aliignec under the fecond Commiflion. That AJhley had the Spirits, but not as a Buyer, and that by the afore-mentioncd Claufe KelFs future EfFeAs were liable, he not having paid fifteen Shillings in the Pound i and confequently that the Goods belonged to the Aflignee, cither under the firft,or fecond Commiflion. But by Kell's Counfel, it was infilled that Kell was never difchargcd by tlie Aft of 5 G«. II. after 24 June, 1732, except by the lafl CommifTion, and Hierc- fortpoflibly could not bie within the Intent of that Aft, having but once had the Benefit of it. That fuppofing Kell's future Effefts had been liable to his Creditors by the afordaid Claufe, that Apiey could not in any Manner feize them as Aflignee under the fecond Commitfion j and if he had a Right, he mufl have proceeded in a legal Way, and have brought his Aftion again f I Kell; and then Aj"// would have pleaded his Certificate in Difcharge of his Perfon, and let AJhley have taken Judgemcht againfl his Goods, as in the Cafe of an infolvent Debtor; but that this was by no Means Kell's Cafe, he not being within the Meaning of the Claufe of the Adl, as having but once had Relief. And his Lordfliip, after having with great Judgment flated the Cafe, and fummed up the Evidence, to the Jury, was clearly of the fame Opinion with the 742iiayablc 3 deal with , and Ajhly itc of 4;. pir Jthcr Parcels londof 100/. hould be out he Bond and iftion againft Bail; and at the Spirits, nd he infilled •II, under the hley proceeded at before the er Sum, liz, vas willing to pon this IlFue nd prayed that ioods of him, ?cd in feveral enjoined from kits were ever iftcd upon his 1 by Virtue of ommifnon not 1 Goods were, e tried at Law, iroper to grant cceded in the Chief Juftice fel for Ajhlc); he could nut Commiffion. >re-mentiQncd liUings in the , either under Ihargcd by the an, and *here- |but once had ditors by the 1 as Afligncc Ivc proceeded tn Kelt would tt-y have taken Yon but that ping of the Cafe, and )pinion with the OK tiANKRUPTCYi ^75 the Gentlemen who were Counfcl for Air//, that his Cafe was not wlthtli tiii Intent and Meaning of that Clauji, and that the talcing of the Goods bv 4/hUv, as Afllgnec, was illegal ; and the Jury, concurring with his Lordlhip, found thfe rica oi the Defendant Kelt to be true, as was alledged, and therefore gave a Verdidt for him. But the L. C. J. gave jijhh Leave to move, if he thought proper, in Arreft of Judgment, wjthin Jix Days of Hilary Term then next j and jljhley not moving in Arreft of Judgment in all Hilary Term, the L. C. J. ordered the Poflea to be delivered to the Defendant Kcll'i Attorney, who thereupon taxed the Cofts at 30/. and took out Execution againft AJhtey for fuch Cofts, which AJhley paid the faid Attorney. And after AJIiley had paid KetFs Cofts, in Eajier Term following, jIfbUy moved in Arreft of Judgment, and a Rule was made for Kelts Attomqr to attend with the Pojlea. And the fame Arguments were made ufc of before the Court of Kbig's-Bencb, by the Counfcl on both Sides, as were at the Trial of the Caufe } but the whole Court were alfo of Opinion that the Vcrdift was right, and entirely concurred with the L. C. J. Lee in his Judgment, and therefore they difcharged the Plain- tiff's Rule. And in Trinity Term, 17441 Kelt brr- •jht an Aftion in the Court of Common^ Pleas againft Ajhley, for the Balance of tuc Sum of 1 84/. 4/. due for tHe Spirits. And on the 23d of "lune, 1744, this Caufe was tried at Ouildkall, before the L. C. J. Willes, where the fame Arguments were made ufc of by the Counfel both for Plaintiff and Defendant, as were infifted on before the L. C. J. Lee, at the firft: Trial, and before the Court of King's-Bencb, on the fpecial Argunixnt of this Cife ; but the L.C.J. Willes, upon ftating it, and fully fumming up Ac Eviilence to the Jury, was clearly of the lame Opinion with the L. C.J. Lee, and the COtart of King'i-Bench, and was pleafed to make this Obfervation, viz. That by the very Claufe in the Act of Parliament, the EfFedls of a Bankrupt that had revived the Benefit of the Adt, according to that Claufe, remained liable to his Creditors, as before the making of the Aft j but that it could never be fuppofed that they were liable to be feized in a fummary Way, without a legal Trial, by an Affignee, be- caufe nothing was vefted in the Affignee but what the Bankrupt had before he was a Bankrupt, and Kelt had not received the Benefit of the AA. And the Jury being of the fame Opinion, they therefore gave a Verdid in this Aftiun for the Plaintiff Kelt, for 54/. 18/. befides Cofts of Suit j being what was proved to be the Value of the Spirits, after fome Allowances were made for Wafte and Leakage, and after the Bond of 100/. and Intereft was paid by Kell to jipiley. Of FaSlors and Executors becoming Bankrupts, baving Effe&s of otber Perfons in tbeir Hands, IF a Bankrupt is a Fador, although he h^/ Credere Commiffion. Bate and Henkell fold the Linens for 192/. ifr. V)d, before they received the Money, became Bankrupts. The Aflignees after- Vnajda rec^cived the Money of the Purchafer, which Murray demanded of the AfTignees, who refufed to pay it, infifting that he (hould come in as a Creditor under the Commiffion. Murray prefented a Petition to the Lord Chancellor, J>raying that the Afllgnee^ might be ordered to pay him the Money the Linens old for, after dedudling the Commilllons and Charges, and a fmall Sum due from Murray to the Bankrupts, on another Account. His, Lordfhip, after hearing the Point of Law argued, was clearly of Opinion, that, tj)^ Purchafer not having paid for the Linens previous to the Bankruptcy, Murray, the Confignor, was intitled to receive the Price of the Linens ; and ac- cordingly. ordere4 the AfSgnees to pay him the Money. A. made a Bill of Sale of fome Leafes and perfonal Eflate to 5. and C in Truft to pjiy /i.'s Debts ;• B. at firiV adbed in the Truil; but afterwards C. took the whole bto his PofTcffion, and adted alone, and became a Bankrupt. i^jj\dA. brought a ^i\l againfl C. and others, to bring C. and his AfTignees to an Account, touchijig the perfonal Eflate of A. Co atligned, in Trull for the Fay- ment of his Debt as aforefaid. And his Lordfhip, declaring that he thought the 21 Jac. LS. 10. to govern this Cafe, difmiffcd the Plaintiff's Bill with Cofts. But fur Aer Argument being granted on the Cafe, his Lordfhip held that it was not within the above-mentioned Claufe and Statute, in Regard this AfTignment vras with aphoneft intent> viz. for the Payment of the Debts of the Aifignor. 4 And :■. V. OF BANKRUPTCY. J77 And therefore he ordered the Aflignees of C. to account for all the Eilate of ^. which the Court dcclarcil fhould not be liable to the Bankruptcy of C. The Pliintiffs brought an Aftion againft the Defendants for Money had and re-7««A«« ccived to the Pl.iintiff?' Ufe ; and the Cafe was as follows : ^^Ruh. The Plaintiffs being concerned as Partners in a large Quantity of Tar, con- «r^„. pim«. kned it to Richard Scott, who was their Faftor, and Brother to one of the Plain- *^/^^^ „ft between which two Brothers there had been mutual Dealings, and Accounts Dtf«ndin«i. * which were at that Time unfettlcd. . . ^ ,. ^ . ,il"fi^'"' The Ship arrival in the Thames, with the Goods from Carolina, on the 22d of "^' Mji, 1739, of which the Faftor had before received a Bill of Lading j and on the jSt'h of March t(»lluvviiig, he fold the faid Tar to Meff. Comeliut and Jtremiab Oven, who agreed to pay for it in Pro"iiirory Notes, payable in four Months after the Delivery of the faid Gootls, and that a Debt of 31/. at that Time owing to the Buyrrs from the Fador, upon his own private Account, flwuld be deducted out of the Purchafe Money. On the I ft of yipri/, 1740, the Owners paid the Faftor in Part, by giving him one Promillbry Note of 66/. i%s. ^d. and another of 102/. 6/. 8is, and Icttled the Account with them, and received the Balance, being ■■il, 4^. and thert; being a Bounty allowed by Adt of Parliament, at fo much per Ton, payable to the Importer of this Tar, the Defendants, as Affignees, did alfo receive that Bounty, amounting to the Sum of 299/. 8/. The Alfij^nccs inliiled that they, as fuch, were entitled to all this Money, and that the IMaiiititts muft come in as Creditors under the Commiffion ; and the Plaintirts inlifted, that the Bankrupt, being their Fadtor, could be only conjidered as chare liujtce, and therefore that the Notes delivered up to them by the Bankrupt, though payal le to him or Order, were the Notes of the Plaintiffs, and :hat the Defendants receiving the Money for thofe Notes, and alfo the remaining Part of the Money for the 1 ar, and the Bounty due to the Importer of that Tar, they re- ceived tliofc Monifcs for the Ufe of the Plaintiffs. This Caufc was tried by a fpecial Jury, and the Damages were computed at 358/. 10/. and a Verdidl was given for the Plaintiffs, fubjedt to the Opinion of the Court upon this Queftion : i Whetlier the Plaintiffs were entitled to fuch Sum of 358/. iQs, given by the Verdift, or to any, or what Part thereof? l And the principal Cafes which were cited by the Plaintiffs, were thofe of Cope- wjBand Gallant, herein before-mentioned { the Cafe of L'Apoftretv. Le Plaijliert which was tried before Lord Holt, where an Adtion of Trover was brought againft an Affigncc in a Commiffion againft one Levi, to whom the Pkintiff had delivered fome Diamonds to fell ; and this being a Queftion depending upon theClaufeof i Jac. c. 19. S. 10 and ij, it was made a Cafe for the Court of Kin^'s-Bench ; and it appearing that the real Property of the Diamonds belonged to the Plaintiff, and that the Bankrupt had only a bare Authority to fell them for his Ufe, therefore the Court were of Opinion they were not liable to his Bankruptcy. The Cafe of Burdett and Willett was alfo cited, where, in the Court of Chancery, it was decreed, that the Fadtor was only in the Nature of a Truflee for his Prin- cipal, and that delivering Goods to him did not alter the Property of the real Owner; and upon the Argument of this Cafe, the Court took Time to con- fidcr of it, and fome Time afterwards gave their Judgment for the Plaintiffs, '«. That the Plaintiffs fljould be at Liberty to enter up that Judgment for the Debt and Cofts, dedudling thereout the 31/. due from the Fadtor to the Ovsins, ■ 5; 7H ' h ^ -*■ ■;^::" m I H i I 1^ OF BANKRUPTCY. IhUr.Milh Uoli Hep. MhK III like Manner, if Dills of Kxchjnge or Gixxis arc fcnt to a Merchant forinjr. ticular Puruofe, and tiic Merchant brcakn, havin^j the Uillii of lixchan 'c or t'l' Goo«iii in his PotTcnion, they do not pafs by the Aiilgiimciit. Neither docs the Statute extend to the Cafe of an I'.xecutor or Adminiftratorbc. coming Bankrupt j for the Property titey may polld's as fuch, cannot be aliintkil by the Commirtioners. Motion for a Prohibition to vhe Ecclefiaftical Court from granting AdminiKn. tion to y/. where B. was named lixecutor by the Tcftator, for tliat li, w^ 4 . M' .. I M Bankrupt. 1 IP . anil iw. I trrti^^i* . Ai.'i. I Cnm. 1H5. lio/t C J. Tlie Ordinary m not to grant Adminiltration, where an Kxaiitor i) I stnu. ijj. named j and Bankruptcy is no material Difability ; lie adts fn iitify Dr-.it, anii ihs Tellator had intriiiled him j but in Cafe of mn fiiiic Memory, tlicrc Is no abi'oljt: NecelVity to grant Admiiiillration. A Prohibition ^^rantcd. If an Executor becomes Bankrupt, a Legatee is to be Creditor. Neither docs Aflignment pafs Property which may be ftopt in Tran/llu. If a Merchant configns CJooils to a Trader, and bcft)re their Arrival the Confignee becomes a Bankrupt; if the Merchant can prevent tlie (inoji getting into the Bankrupt's Hands, the CommilFioners' Alfignment will not attcit thgn. If Goods are delivered to a Carrier or Hoyman, or the Maftcr of a VclTel, to !« delivered to yt. and the Goods are loll by the ('arrier, the Confignce cun only bring the Adlion ; which fhcws the Property. But, though fuch Goods are actually delivered to a Carrier to be delivered to y^. and while the Cariier is u|km the Road, and before adual Delivery to y1. by the Carrier, the Confignor hears that y^. his Confignec, is likely to become a Bankrupt, or is adualiy one, and countermands the Delivery, and gets them back into his own PolfelTion again, no Aftion of Trover would lie for the Afllgnecs of y/. bccaufe the Goods, while they were in Trfltijitu, might be fo countermanded. The Commiflioners cannot aflign the Benefit of an Agreement made wit!i a Bankrupt. Wft/r/T. Where the Defendant, on Marriage of his Son, fettles Land on himfclf for Life, i'i'tiin."* Remainder to his Son for Life, Gff . and covenants, during his own Life, to pay his Son 1 5/. per Annum ; the Son becomes a Bankrupt ; the Plaintiff, as Affignee, brings a Bill againft the Father, to have the Benefit of this Agreement, and ta comj :l Payment of the 1 5/. per Annum. Per Cur. An Aflignec under a Statute of Bankruptcy is not entitled to have the Performance of an Agreement made with the Bankrupt j and liiid that it was fo adjudged in the Cafe of Dmh \\ th: Mayor of Exeter ; where the Court held, that, if a Leflbr covenants with hii Lclfec and his Afligns to renew his Leafe, and tlie Lcfl'oe becomes a Bankrupt, and the Commiflioners aflign this Covenant, the Aflignecs cannot have any Rtiicf againft the Lelfor. CommilFioners cannot aflign future Earnings arifing from the Labour of the Bankrupt. Cbippendak brought an Adion oi Affumpftt for Work and Labour as an Attorney. The Defendant pleaded that the Plaintiff was a Bankrupt, and averred that the Commiflion was ftill in Force. The Plaintiff replied, that the Work and Labour was doni- after the Com- miflioners' Aflignment, and for the iieceflary Support of himfelf and Family. ■ Rejoinder, that the PlaintiiF had not obtained his Certificate; and thereupon a Demurrer. Lord Mansfield fliid, the only Queftion is, whether the Afllgnees of a Bankrupt are entitled to the Profits arifing from his perfonal Labour ? I Aii. 253. ^' • Juftice Buller obferved, that the Cai'e in Atkins did not fupport the Doance laid dcwn at the Bar; for Lord Hardwicke there fays, " All his future perfoul Eftate is affedled by the Aflignment;" by which he evidently meant, that, ifths Afllgnees claim it, the Bankrupt muft deliver it up ; and fo far the A!iignmcnt affedts it: But no other Perfon can have the fame Pica. It is certain. Lord Hardwicke meant to go no further than the Cafe in Utrange, which is dceinvcot his Meaning ; therefore he was of Opinion with the Plaintiff, for whom Judj'ment 6 "'' ^ , :M' CIripptnMe n. H. Tr;n. »5 0V(i.llI. i *!?■. b V BANKRUPTCY. m cmcnt made wit!i the Labour of Ac nccs of a Bankrupf on 'he Demurrer was ntcordingly nnniounccd. Sec the Cafe referred to by Judge UulUr, 1 Strangt 1207, AjhUy v. Kill. Ofchu/ing j4//i'^n{fs, ami of tbetr Power and Duty. WHEN any Commiirion of U.iiikruptcy is ilTucd out, the C'ommiflloiiers therein 5 c«. II. C named, or the major Part of them, (hall forthwith, after they have declared J"' ''•'''' *'* the Pcrfon R.mkrunt, caufe Notice to be given in the London Gawttc, and fliall jpiwint a Tune and IMace for the Creditors to meet ; whicli for the City of Loi:» dan, and all I'laces within the Hills of Mortality, ihall be at (iuiU/.uitl, in order to fhufc an AflTij^ncc, or A(li;.»nees, of the Hankrupt's Hllatc and Kftcdts j at which Mcetini^ the I'rwjfof any Creditor's Debt, that (hall live remote from the IMace of the (hid Meeting, fliall be admitted by Alfidavit, or if Quakers, by Affirmation, or iffrum abroad, by Letters of Attorney ; and all Creditors who rtiall fo prove their Debts at this Meeting, and whofc Debts amount to ic/. or upwarcis, (hall be qualified to vote in the Choice of Afllgnecs ; and he, or they, that (hill be fo chofcn by the major Part in Value of the Creditors tlieri proving their Debts, ihall have an Aflignmcnt from the Coinmiflioners, or the major I'art of them, of the liankrupt's Lftatc and Lft'eiits. The CommilVioncrs liavc Power immediately to appoint one or more AfTignccs, nitto, 3,30. if they fee Caufe, for the better fecuring and prcferving the Bankrupt's Eftate j which Afllgnec, or Alhgnees, may be removed or difplaced at the Meeting of the Creditors for the Choice of A(Tignecs, if the major Part of them then met, and duly (lualificd, (hall think (it ; and fuch Afllgnec, or A(rignees, as (hall be removed or displaced, (hall, within ten Days after Notice given in Writing by the AlTignce or Afljgnces chofcn by the Creditors of the faid Choice, make an Aflignmcnt and Delivery to the faid Afllgnec or Afllgnecs of all the Bankrupt's Eftate and EflTeds which fhall have come to their Hands and Pofl*efllon, on Penalty of 200/. each, to he diftributed among the Creditors, in the fame Manner as the Bankrupt's Eftate (hall be. And the Lord Chancellor has Power, on the Petition of any Creditor, to remove fuch Afllgnecs as fliall have been chofe by the Commiflloners, to vacate the Aflignmcnt, and to caufe a new one to be made. Afllgnecs have Power to order the Bankrupt's Attendance on them as often as they think convenient for the Benefit of the Eftate, and may have fome Ikilful Accomptants to fettle his Books of Accounts, and employ fome faithful t'erfon to colledt and get in the Debts ; but for this laft they ought to have Security. AlTignccs may bring Adions at Law without the Confent of the Creditors ; Qjfjg 5.18. though, if the Suit in Law is a Matter of Confcquencc, or which may produce a Suit in Equity, they fhall lummon all the Creditors to a Meeting, by Notice in the London Gazette, and lay before them the true State of the Caie, and take the Confent of the major Part in Value of the faid Creditors in Writing, to the bring- ing fnch Suits, and that a fufficient Sum remain in the AfTignees' Hands to defray the Charges j and in Cafe they apprehend that they fhall not have fufllcient, they may take an Agreement under the Creditors' Hands to indemnify them, and oblige themfelvcs every one to pay his Share, in Proportion to their refpedtive Debts ; for AITignecs arc not obliged to bring any Suit in Law or Equity, though the Creditors vote that they (hould, unlefs they are indemnified, where there is any Appearance of a Hazard. And the Afllgnecs may, with the Confent of the major Part in Value ofjCw.n. c. the Creditors who fhall have duly proved their Debts, and be prefcnt at any 3«- s. 34- Meeting of the laid Creditors, purfuant to Notice to be for that Purpofc given in the London Gazette, fubmit any Diflrrence or Difpute between the Afllgnecs and any Pcrfon or Perfons whatfoever, relating to the Bankrupt's EfFeds, to Arbitration ; the Arbitrators to be chofcn by the Afllgnecs, 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 oi fuch Arbitrators, or otherwife to com- pound and agree the Matters in Dilputc, in fuch Manner as the Aflignees, with fuch I'i 539 OF BANKRUPTCY. C.JO.S.J5 Ditto, S. aS. Ditto, S. 33. fuch Confent as aforcfiiid, fhall think fit ; and the fame (hall be binding *o all the Creditors. The Aflignees, by and with the Confent of the major Part of the Creditors in Value, who (hall be prefent at a Meeting to be had for ;hat Purpofe, of which Notice (hall be given in the Landon Gazette, may make Compoliticn with any Perfon or Perfons, Debtors or Accomptants to the Bankrupts, where the fame (hall appear nece(rary and rcafonable, and to take fuch rcafonable Part as can upon fuch Compofition be gotten in full Difcharge of fuch Debts and Accounts. Afllgnecs fliould be careful in examining the Nature of the Bankrupt's Debts, to prevent the Statute of Limitation from taking Place. Where it (hall ap- pear to the major Part of the Commi(noncrs, that there has been mutual Credit given by the Bankrupt and any other Perfon, or mutual Debts between the Bank- rupt and any other, at any Time before he became Bankrupt, the m\ior Part of the Commi(rioners, or the A(rignees of the Eftate, may (tate the Account between them, and one Debt may be fet againft another, and what (hall appear '.o be due on either Side, on the Balance of fuch Account, and on fetting fuch Debts one again(t another, and no more, (liall be claimed or paid on either Side relpedtively. Ktto, s. 31. Before the Creditors fliall proceed to the Choice of A(rignees, the major Part in Value of the Creditors prefent, (liall, if they think fit, diredl how, and with whom the Monies to be received out of the Bankrupt's Eftate (liall remain, until the fame be divided ; to which Rule fuch AlTignccs (liall conform as often as 100/. (hall be got in. Affignee.'! are obliged, at fome Time after the Expiration of four Monibs, and within twelv.'^ Months from the Time of the CommifTion's iffuii.g, to caufe at leaft twenty-cne Days public Notice to be given in the London Gazette, of the Time and Place they and the Commiflioners intend to meet, to make a Dividend or D!(tribution of the Bankrupt's Eftcdts j at which Time the Creditors who have not before proved their Debts, (hall 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 A(rignees (hall produce to the Com- miflioners and Creditors then prefent, juft and fair Accounts of all their Receipts and Payments touching the Bankrupt's Eftate and EfFe(5ts, and the Particulars of all that (hall remain outftanding, and (hall, if the major Part of the Creditors then prefent require it, be examined upon Oath before the CommifTioners, touch- ing the Truth of fuch Accounts. And the Aflignecs (liajl be allowed to retain all fuch Sums as they (hall have paid or expended in fuing out ind profecuting fuch Commi(rion, and all other juft Allowances on Account of their being Affignees ; and the major Part of the Commiflioners (hall order fuch Part of the nctt Produce of the Bankrupt's Eftate, as by fuch Accounts, or otherwife, ihill ap- pear to be in the Hands of the Affignees, as they (hall think fit to be divided forthwith among fuch of the Creditors who have duly proved their Debts under the Commiflion, in Proportion to their feveral and refpedivc Debts ; and they (hall make fuch their Order for a Dividend in Writing under their Hands, and ihall caufe one Part of fuch Order to be filed amongft the Proceedings under the Commiftion, and (hall deliver unto each of the Aflignees a Duplicate of fuch their Order, likewifc under their Hands j which Order of Diftribution (hall contain an Account of the Time and Place of making fuch Order, and the Sum total or Siuanium of all the Debts proved under the faid CommifFion ; and the Sum tool of the Money remaining in the Hands of the Aflignees to be divided, uid how much in particular in the Pound is then ordered to be paid to every Creditor under the Commiflion i and the faid Aflignees, in Purfuance of fuch Order, and without any Deed or Deeds of Diftribution to be made for that Purpofe, fliall forthwith make fuch Dividend and Diftribution accordingly, and (hall take Re- ceipts m a Book to be kept for that Purpofe for each Creditor, for the Fait or Share of fuch Dividend or Diftribution; which they fhall make and pay to each Creditor refpedtively ; and fuch Order and Receipt fhall be a full and effetluil Difcharge to fuch Aflignees. '*i %.. OFBANKRUPTCY. 58! And llie Afllgnees arc further obliged within eighteen Months after ilTuing of jG«» 11. C. the Commiflion, to make a fccond Dividend of the Bankrupt's Eftate and EfFeds, 3°- S- 37> in Cafe thewhob was not divided on tlic firft Dividend, and fhall caufe Notice to be iiilcrtcd in the Lornlon Gazette of the Time and Place the Commiflioncrs in- tend to meet to make a fecond Dividend, and for the Creditors who iliall not before have proved their Debts, to come ana prove them; and at fuch Meeting the Allignees ihall produce ujion Oath their Accounts of the Bankrupt's Eflate and EfTeds ; and what u|xin the Balance thereof dial' appear to le in their Hands< (Iwll by the like Order of the major Part of the CommiHloners be forthwith di- vided among fuch of the Bankrupt's Creditors, as fliall have made due Proof of their Debts, in Proportion to tluir fcveral and refpedtive Debts ; which fecond Dividend (hall be final, unlcfs itny Suit at Law or in Equity Jhall be depending, or any Fart of the Vjhite ftanding Mt that cannot have been dijiyofed of, or that the major Part of the Creditors Jhall not have agreed to be fold or di/pfed of in Manner a/onfiiid J or ttnlfs fame other or future Folate or Efetis of the faid Bankrupt jhall afti'r'wards come to, or veji in the faid Afjignees ; in which Cafe the AfTignecs fliall, I'.s foon as may be, convert fuch future or other Eftate or Effedts into Money in Manner albrelaid, and lliall within two Months next after the fame (hall be converted into Money, by the like Order of the Commiflioners, divide the fame aniongfl: the Creditors who fhall have made due Proof of their Debts. It is the Duty of the Allignees to make a Dividend as early as polTible after the Time given by the Statute for Creditors to come in, and prove their Debts. And if they negledl making a Dividend and keep the Money in their own Hands, they will be liable to pay intercll for it. I'his Queftion as to Interell: arofe in a Cafe where a Commiflion iflued in 1766, f"'"a*'. againft Beale and others. Copartners; and Toivnjhend, Rujfel and another wercjn chan, chofcn Afllgnees. Bea/e and his Partners having carried on the Negociation ofNov. 17. Bills of Accomodation to a very large Amount, with feveral Perfons who were alfo ''' ^' Bankrupts, the Aflignees of Beale deferred proceeding under the Commiflion, in Order that the feveral I lolders of the Bills might prove their Debts and receive Dividends under the other Commiflions, before they made any Claim on the Eftate of Beale. In Fa<5t, no Dividend was ever made. The Clerk of the Commiflion was dead and all the Papers were loft. Toivnjhend had received a confiderable Part of the Bankrupt's Efilds. Rujji:l had alfo received fomc fmall Part, but he died in 1773. In 1782, the Creditors renewed the Commiflion, and this Bill was brought by the Creditors againft Towtijljend and the Executors of Rujfel, for a Difcoveryof the feveral Fafts, and for an Account of the Money received by them. It appeared by Toivnjhend's iVnfwer, that he kept the Money he received as Af- fignee, in common with his own at his Banker's ; but he fwore that he generally had there more than the Amount of fuch Receipts ; and the only Queftion in the Cafe was, whether To'iVnJljend and the Executors of /?K^/ftiould be charged with Inte- reft for the Money kept in their refpedive Hands. Lord Loughborough, the Seals in Commiflion, " As to Rttjfel's Executors, they cannot be looked upon in the Light of Aflignees, and as Executors, are not required to pay till calkd upon ; and though the Plaintiffs might charge RuffePi Eliate in Refpedtof the Money retained in his Hands in his Lif'i-time, yet, as the Sum is comparatively fmall, it is fcarcely an Objedl. But with Regard to Toivnf. bend, I was furpriled to 'icar it argued that the Aflignees wore not to make a Di- vidend, or to take an adlive Part in fettling the Bankrupt's Affairs, unlefs called upon by the Creditors. And as to the Idea of difcouraging honeft Men from taking upon themfelves the Office of Aflignees, no honeft Man can ever have any Diffi- culty. The Etfed of giving in to fuch Dodtrine would be, that it would be canvalfed for as an Otiice, and no honeft Man would ever be appointed. There is nothing fo likely to make the Bankrupt Laws reprobated, or to bring about their Annihilation. This is thegrofleft Cafe that Imagination can make. The AfTig- necs' only Excufe is, that they could not make a Dividend, becaufe they had been lb very negligent. They never called upon the Clerk of the CommifTion, and be is now 4ead, and all the Papers arc loft. And the Expences of a Suit arc brought upon the Eftate by their Negledt. Now what Ground is there for not 7 I changing ui if ill if m '••i c. > mm hi- V j8g OFBANKRUPTCY charging them with Intereft ? The Money being mivcd by Tovsnlicnd with his own, it is juft as clear that a Profit has accrued, as if it hau been fpetiall,' placal out. t(wnft>end\v^% employed in Trade, and knew hov/ to make the m ift of Mu. ncy. Money is Part of a Merchant's Stock in Trade : a circulating Capital on which Profit arifes. The Sum in the Banker's Hands was fludtuatim;, aid he muft have been ;ni unthrifty Merchant if he did not make great Profit of the Mone/ by diCcounting Notes, Sff. Since the Year 1768, the Sum of 1936/. has been fij employed by him. If the Court Hiould fuffer him to do this, wh;n th^ very Na- ture of the Truft repofed in him, required that he iliould not keep it in his iiiidj, when will there be a fufficient Ground to charge Alfignes ? ToiunJhenJ mui\ th?re. fore pay the Intereft at 5 per Cent, and pay all the Cofts of this Suit, and alfo all the fubfcqucnt Cofts arifing from the Enquiry in the Mafler's Office, \vhi:h has been occafioncd by his Negledt. Let this Cafe fcrve as a Precedent and a Warning to tirdy AfTignees, who but too frequently deferve the fevereft Cenfurcs, and even Piiniilininent, for dehvin/ Dividends to the great Injury of the poorer Clafles of Creditors under Co.nniuri- ons of Bankruptcy. If Creditors want to infpedt the Aflignees' Accounts, r.nd arc refufed by tlicm, the Court, on Petition, will oblige the AlTignees to fliew their Accounts accorJin/ to the Direftions of the Statutes. If an Aflignee is guilty of a Breach of Truft, by mifipplying the Creditor's Money or keeping the Money in his Hands, when he o.ijht to have divided it, the Court, on a Petition and Proof being made, will Order an Ace junt to be taken before the Commiflioners, and a Dividend to be made; and if any maniu-ft Delay or Negledt appears in them, will oblige them, as we have Icon to pay Intereft and Cofts. If Aflignees attempt to fell Eftates at an under- Value, or enter into any din- deftine Agreement either with the Bankrupt or any other Perlbn, the Court, h/ Application, will by Order reftrain them from felling fuch Eftates or Literelli., or remove them. If Aflignees have had Suits in Law or Equity, on Application to the Court the Court will Order the Commiflioners to fettle tlie Accounts, allo.vin-^ th^n ,!! reafonable Cofts and Charges, and dire*^ the Aflignees to make a UiviJena w" the Refidue. The Court on a Petition will Order the Commiflioners to enquire into t'le red Confideration of Debts and Notes, and of ufurions Contradts ; aaJ will OrJiTt'i; Aflignees to bereftrained from making any Dividend, till the CommiiiioiKTS iLil have made their Certificate to the Court ; and if there appears to h ive bc:\\ morj than legal Intereft received, or any unfair Tranfaftions, witli Regard to i.ie ob- taining or fwelling fuch Debt, the Court, on bringing a Bill, will, by Deer:;, reduce fuch unconfcientious Demand to the Sum which is really due. If an Aflignee dies, the Truft devolves to the furviving Aiiignee, or to fuch new Aflignee as the Court fliall join to the furviving Aflignee, if the Credit iri IhcU petition for the fame ; and the Executor or Adniiniftrator of tlie Jeeeoled Alhgnee muft pay the Money in his Hands to the furviving Aflignee, and fi^h additional Aflignee, if appointed; or account before a Mafter in CLunceiyiw Aflets come to his or her Hands becaufe the Commiifioners cannot take an Account of Afl!ets. But if the Bankrupt's real Eftate is conveyed to Aflignees, and one of them dies, this is a Joint-Tenancy, and goes to the Survivor; and he may alone fell fuch an Eftate to the Purchafer j but if both die before any Conveyance is made, then the Heir at Law of the Survivor muft convey to fuc h new AliigiKcs as the Court ftiall appoint, or join with fuch new Aliignces in Conveyance to a Purchafer. td. Talht, If Money is overpaid in Purfuance of an ufurious Contracfl, the Aflignees hive Mitt. Term, a Right to demand and recover it, notwithftanding the Agreement of the oppredijl '"ci! II.*' f*^""'/ *° allow fuch Payments. The two Cottons became Bankrupts, and their II Nov. Aflignees brought a Bill agaii.ft Da/hwood, as Executor of Sir Samuel Dajmyii, DMAvnltl *"^^^^ ^^'^ *" ^'* Life-time, lent leveral Sums to the Bankrupts upon BoaJs ^^ ' bearing 6 fer Cent. Intereft, and had taken Advantage of tlicir neceifitous Cir- cumftonces, .id>;r Ctiinnuii'i- OF BANKRUPTS. cumftances, and compelled them to pa.y to per Cent . to which they fubmitted, and entered into other Agreements for that Purpofc, and continued paying at the faid Rate of lo per Cent, from the Year 1710 to 1724 j it was decreed at the Rolls, that the Defendant fliould account j and that for what had been really lent, legal Intereft fliould be computed and allowed j and what had been paid, over and above legal Intereft, fliould be dcduftcd out of the Principal at the Time paid, and the Plaintiffs to pay what fliould be due on Account ; and if the Teftator had received more than was due with legal Intereft, that was to be refunded by the Defendant, and the Bonds to be delivered up. A Bankrupt, before he became fuch, having made a Mortgage of his Eftate, the Aflignees of the Statute bring an Ejetftmcnt for the Recovery of the Lands comprifed in the Mortgage ; the Mortgagee refufes 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 fliould be charged with the Profits from the Time of the Ejedtment delivered. 583 ^« ^Jignee dying in Debt by Bond. AOintee'i Right to a Mortgage made by a Bankrupt. Chapman v. TaKxer. I ffTH. f)6. Mich. Term, ■684. TH E Aflignees under a Commiflion taken out againft /. S. petitioned that/. N. Ex parte the Daughter and Adminiftratrix of /. D. who was the furviving Aflignee "p*'"^:,t under tlie Commiflion, fliould account before the Commiflioners, for the Bank- j^e^rnv. ' rupt's Effefts come to her Hands ; and an Affidavit was made, that /. N. had con- l e"". '7^9. feiTed flie believed that her Inteftate, the Aflignece, kept the Bankrupt's Money in a ^' ^' *'*' leparate Bag, with a Note in it, fliewing it to be fuch -, and alfo that the Aflignee left Lands of Inheritance, defcended to /. A^. the Heir, which would be Aflets by Defcent, to anfwer the Covenant entered into by the Aflignee for himfelf and Heirs, with the Commiflioners, duly to account for the Bankrupt's Effefts. But againft the Petition it was urged, that this Matter was not fit to be ended in a fummary Way, but by a Bill to determine it ; for that L N. the Heir and Ad- miniftratrix of the Aflignee, had made an Affidavit, that flie never confefled the Aflignee, her Father, kept the Bankrupt's Money in a feparate Bag or Place, nor did flie believe *he Faft to he fo j that the Aflignee the Father, died indebted by Specialty and otherwife feveral thouiand Pounds beyond all his Aflets : that flie has paid fome Bonds, and Aflions were depending upon others ; that it was in her Eleftion to prefer which of the Specialties flie pleafed, and the Commiflioners were not proper to determine in a fummary Way, whether the Payments already made by the Adminiftratrix, or which fli^^ fliould make, were, or would be, good and legal ; or if they fliould make fuch Determin *ion, this could be no way binding to the other Creditors; therefore the Order now defired, that the Daughter and Adminiftratrix of the Aflignee fliould account with the Commif- fioners, would be of no Ufe j fince the Creditors might bring their Adtion, or Bill in Equity againft the Daughter and Adminiftratrix of the Aflignee j for which reafon Ld. Chancellor ordered the Petition of the new Aflignees to be difmifled, and diredled them to bring their Bill. Though Aflignees are generally chofen from among the Creditors, and thofe commonly to whom the Bankrupt is moft indebted, yet they may be made, .ot- withftanding they are no Creditors, nor any Ways concerned in the Comniif- fion, provided the major Part in Value of the Creditors appoint them. And Aflignees may bring Adions for Debts due to the Bankrupt in their own » C«, leg.- Names, Off. for they fliall have the fame Remedy as the Bankrupt himfelf might '*""'"'• 37« have had againft his Debtors. But if the Commiflion of Bankruptcy be not taken ' ''' '**' out within fix Years, the Timedirefted by Law for fuing of Debts, then the De- fendant in an Aiftion may plead the Statute of Limitations : In Cafe the Commif- fion be ti-'ien out within fix Years, and the Alhgnment made within that Time, the Statute prcfervcs the Debt by the Aflignment, it being to relieve Creditors againft Fraud. Itisaconftant Praitice to make an Aflignment of the Debts and Eftate of the ' ^''*' '''• Bankrupt to Aflignees in Truft for themfelves, if Creditors, and the other Cre- "*' ditors J it has been held, that where a Commiffion of Bankrupt is taken out, the Bankrupt's Goous do not thereupn belong to the Commiflioners, for until w ',|i| P tV' )' r;' di^M 5 Gtr. 39. S, 584 OFBANKRUPTCY. an AfTignment thereof is made, the Property is not transferred out of the Bank- rupt ; but it is faid, the Aflignec is in by Relation froir the Time of the W.mk. ruptcy, lb as to avoid all mejhe Ads, but not fo ;.s to be atflually inverted with the Property. Of Removing yfji^nees. II- C. T F an Affignment of a Bankrupt's Eftate already made by the Commiflloners, or ^'' -*• hereafter to be made, purfuant to the Choice of Creditors (hould be Ibiiiidne- ccflary to be vacated, and a new Aflignment made of the Debts and Effects uiire- ceived, and not difpofed of by the then Alfignees, to other Ferfons, to bcchoku by the Creditors as aforefaid, it is lawful for the Lord Chancellor, Lord Keeper, or Commiffioners of the Great Seal, upon the Petition of any Creditor, to mikciucli Order therein as he or they fliall tlnnk juftand reafonable ; and in Cafe a new Af- fignment fhall be ordered to be made, then fi'ch Debts, Effcds, and Ellite of the Bankrupt fliall be thereby effedtually and legally veftcd in fuch new Aflignec or Ai". fignees, and it fliall be lawful for him or them to fue for the fame in thi.ir XairiEs, and to difchargc any Adlion or Suit, or give any Acquaintance for fuch Debts, as effedtually to all Intents and Purpofes as the AlTignecs in the former Aiii^'umeits might have done j and tlie Commillioners fliall caufe publick Notice 10 be given in the two London Gqzettes that fliall immediately follow the Removal of I'udi Af- fignees j and the Appointment of fuch others as afi refaid, that fuch Aflignees are re- moved, and fuch others appointed in their ftead, and that fuch Perlbns as areiii- debted to the Bankrupt's Eftate do not pay any Debts to the Ailignces rcinov;.J) and if sn Ifluc is directed to be tried in the Time of tlie old Allignecs, thu Court, on Petition, will order the fame Ifluc to be tried by the new ones. If an Aflignce himfclf become Bankrupt, that will be afuthcient Gruundfor his Removal. Or if the Commiflioners aft improperly in the Choice of Aiiigntes. And v/here an Aflignee is removed on Account ot his own Bankruptcy, Lcrd Hardivicke was of Opinion, that he and his Aflignees niuft join with the Commil"- fioners in executing an Alignment to the new Aflignees. If there is any Injuftice committed by Aflignees, and that th^, with theBank- rupt's Confent, vill admit of fliam Debts being proved, the Court will remove I'uch Aflignees, and orucr the Confideration of fuch Debts to be inquired into, andall Parties to be examined upon Intei rogatories, and appoint new Aflignees, ajiddircd the Commiflioners to lee what is really due from the Bankrupt's Eflitc to iiis Creditors; and after the Aflignees are chofen, will order Cofts of the Parties fo unjuftly adling, to be taxed by a Maflre: and be paid by tliem. If Aflignees live at a great Diflance from the Bankrupt's Eftate or Efll ^s, where- by fuch Eftate or Efftds may be incumbered with heavy Charges, or occatlon a Negled in getting in fuch Effefts j upon the Application of the Majority of th: Creditors who have proved their Debt unde. the Commiirioii, and proving the fame by Affidavit, the Court will difcha-ge fuel. .Aflignees, and diredt a new Al- fignmf nt to be made to fuch other Aflignees as the Creditors ihall appoir.t, and direft that the old Aflignees fliall join in fuch new Aflignment. If it appears that there are Accounts between the Bankrupt and the Al"igiices, and although there maj' be Notes or Bonds fubfifting, fo as to entivie them to ^rove their Debts, yet if upon the Balance of fucli Accounts, the Aflignees ap- pear to be Debtors to the Baiikjupt's Eftate, the Court will for fucTi Reaioii remove them. If there appears Pa' tiality or Unfairnefs in the Clioicc of Aflignees, tlie Court, on Petition will remove them. If it appears that Aflignees have pr^-vented Creditors from proving their Debts, to make Number and Value for the Bankrupt's Certificate, and tor that Purpofe have contefted fuch Debts, and have refufcd to admit them ; tlie Co rt will for fuch Unfairnefs remove the Aflignees, and admit fuch Creditors to prove fuch Debts as fliall appear to be juftly due Jo thetn. ■>.i:_.- Perultiis for luch Keal'uii necs, tlie Court, OF BANKRUPTCY. Pmttht on Pcrfons concealing Effects, and pretended Creditors /wearing falfeh i and • Allowances made to the Difcovercrs of Bankrupts' EffeSis. 585 BY this Statute it is enadted, for the better Difcovery of a Bankrupt's E.late, 5 c«.n. C/ that all and every I'erfon who fliall, after the Time allowed to fuch Bank- '*' •"»•*•• rupt, voluntarilv make a Difcovery of any Part of fuch Bankrupt's Eftate, not be- V^^^'^' fore come to the Knowledge of the Aflignees, fliall be allowed 5 per Cent, and fuch further Reward as the Aifignees, and the major Part of the Creditors in Value, prefent at any Meeting of the Creditors, fhall think fit. And every Perfon who fliall have accepted of any Trufl:, or Trufts, and fliall wilfully conce;il or protedt any Eftate, real or perfonal, of any Perfon or Perfons kcoming Bankrupt, from his Creditors, and fliall not, within forty-two Days next after fuch Comniiflion Ihdl ifl'ue fortli, and Notice thereof be given in the London Gazette, difcovcr and difclofe fuch Truft and Eftate, in Writing, to one or more of the Commiflioners or Aliignees of fuch Bankrupt's Eftate, and likewife fubmit himfclf to be examined by the CommitTioners, in and by the fiid Com- miflion authorized, if thereunto required, and truly difcovcr the fame, fliall forfeit the Sum of one hundred Pounds of lawful Money of Great Britain, and double the Value of the Eftate, either real or perfonal, lo concealed, to and for the Ufe aad Benefit of the faid Creditors. And whereas many Abuics have been committed by pretended Creditors of 5 (^>'- ^^^ Bnkrupts, be it enadted, by the Authority aforefaid, tliat if any Perfon, at any ' *'' Time hereafter, fliall, before the ading CommifTioners in any Commifllon of Bankrupt, or by Affidavit 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 really due or owing, or fhall fwear Oi affirm that more is due than is really due or owing, knowing the fame to b; not due or owing, and that fuch Oith or Affirmation is falfe and untrue, :ind being thereof convidted by IndiSi- w.nt or Information, fuch Perfons fhall fuffer the Pains and Penalties inflidled by the feveral Statutes made and now in Force againft wilful Perjury, and fhall more- over be liable to pay double the Sum fo fworn or affirmed to be due or owing as aforefaid, to be recovered and levied as other Penalties and Forfeitures are upon penal Statites, after the Convidtion, to be levied and recovered; and fuch double Sum (li;.ll be equally divided among all the Creditors feeking Relief under the faid Conimirhon. \\ here any Perfon fhall fraudulently fwear, or being a ^aker affirm, before the u G«. IL raijor Part of the Commiffioners in a Commiffion of Bankruptcy, or by Affidavit ^* "57* or Affirmation exhibited to them, that a Sum of Money is due to him from any Bankrupt, which fliall in Fadt not be really and truly owing, and fhall, in Refpedt of fuch fidUtious Debt, fign the Certificate of fuch Bankrupt's Difcharge, in every fuch Cafe, unlefs fuch Bankrupt fliall, before the major Part of the Com- miiliuners have ligned fuch Certificate, by Writing figncd by him, and de- livered to one or more of the Commilfioners, or of the Affignees of his Eftate and Effedls, dn'i;lofe the Fraud, and objedt to the Reality of fuch Debt, fuch Certificate fliall be null and void, and the Bankrupt (hall not be intitled to Ills Diftharge, or to any of the Benefits or Allowances given to Bankrupts by the Ad of 5 Geo. II. Where any Creditor of a Bankrupt refidcs in foreign Parts, the Letter of Attorney of fuch Creditor, atteftcd by a Notary Publick in the ufual Form, fliall be a fufficient Evidence of the Power by which any Perfon thereby authorized If the Party againll whom the Commiflion is iflucd, appears to be an In^ fant, the Court, on full Proof of fuch Infancy, will fuperfcde the CommifTioii, 4thly, If, after the ifluing a Commiflion, the Party makes a Satisfadtion, or gives a furticient Security for performing it to all his Creditors, and they in Con- fequence give him a Releafe, thefe Motives, on Petition to the Court, will induce it to fuperfedc the Commiflion. qthly. If a Bankrupt conveys all his real Eftate to Truftees for the Denclit of his Creditors, and they accept of this Conveyance, the Court, in this Care„wili order the Creditors to deliver up their Securities to the Bankrupt, and thit the Bankrupt (hall deliver up all the Title Deeds, and join in the Convevanccs • and that the Truftees (hall proceed in the Truft, and t'lat the Bani^rupt Ihall pay the Charges of the Commiflion, dedufting the Money out of the Allignccs' Hands. 6thly, If a Bankrupt makes a private Agreement with his Creditor, and pievailj on him to take out a Commiflion, in Conflderation of being paid his wholn Debt, or at leaft more than the Reft of his Creditors, the Court, on Proof made theiu •■, will order the Commiflion to be fuperfedcd, and award a new one; and the Perfoa receiving fuch Goods, or Satisfadtion, Ihall lolc his whole Debt and the Mu.i.y received, and pay the fame to fuch Perfons as the Commillioners (hall appoint, in Truft for the Bankrupt's Creditors, in Proportion. 7thly, If a Perfon has not a Mind to be a Bankrupt, and is conftious thatheis no Trader, nor has committed any Adt of Bankruptcy, or does not owe any Debt fufficient whereon to ground a Commiflion, he may, if he fuppofcs a Commiiiian is going to be taken out againft him, enter a Caveat in the Secretary's iic^' againft it ; or if it has i(rued, he may petition the Court that no fuch Coinmiiiio.i may be executed againft him, or that it may be fuperfeded; and, upon hc:™^' tit- Merits of fuch a Petition, the Com t in fomc Cafes determines the t'oliu, auJ in other Cafes dircdts an Iflus at Law to try the fame. Sthly, If a Commiflion taken out in an adverfe Manner is fuperfedcd, and the Party on the Trial is not found Bankrupt, the Court, accordini; to the Nature of the Cafe, frequently will order Cofts to the Party againft whom the Cominiiilon is taken out, or may, if they think proper, aflign over the Bond gi\ en to the LorJ Chancellor. . I ; _■ _.^ ■" ■'. ' . " , Co/Is of Commljions, how to be fettled and paid. Ceo. II. C. T^H^l Creditors who (hall petition for a Commiflion of Bankrupt, (lull be S.25. X obliged, at their own Cofts, to profecute the lame, until Aflignees (hall be chofen J and the Commiflioners (hall, at the Meeting appointed for the Choice of A(rignees, afcertain fuch Cofts, and by Writing (hall order the Affignees to reimburfe fuch petitioning Creditors out of the lirft Effedts of the Bankrupt tlut ftiall be got in ; and every Creditor (hall be at Liberty to prove his Debt without paying Contribution. Ditto, S.4». ' There (hall not be paid out of the Eftate of the Bankrupt any Monies for Ex- penccfi in Eating or Drinking c f the Commiflioners, or of any other Perfons, st the Times of the Meeting of the CommilTioners or Creditors ; and no Schcdul; fhall be annexed to any Deed of Aflignment of the perfonal Eftate of fuch Bank- rapt j and if any Commiflioner (hall order fuch Expence to be made, creator drink at the Charge of the Creditors, or out of the Eftate of fuch Bankrupt, or receive above 20s. each Commiflioner for each Meeting, every (uch Commitiioner fhall be difabled to adt in any Commiffion of Bankrupts. Ditto, s. 46. All Bills of Fees or Diftjurfemcnts demanded by apy Solicitor, employed uni: any Commiflion of Bankrupt, (hall be fettled by one of the Mafters of Cliancer\, and the Mafter who fliall fettle fuch Bill ftiall have for his Care in fettling the fame, as alfo for his Certificate thereof, 2or. .Jj-..,.L.' AWi .J '5 Coticersini OF BANKRUPTCY. 58? Concerning the Duty of, and Remedy cga'tnjl Gaolers, where Bankrupts or H^tntj^jf lire committee!, and fuffered to efcape, ' . IN Cafe the Commiirioners appointed in any CommifTion of Bankruptcy, jC«. H. (hould, in Virtue of their Power, commit the Bankrupt or any Perfon or Pcr-^'3"- ^•'*' fons to Prifon, for not conforming to the Adts relating to Bankrupts ; and if the Gaoler or Keeper of the Prifon to which fuch Bankrupt, Perfon, or Pcrfons fhall be fo committed, wilfully fuffer fuch Bankrupt, Perfon, or Perfons, to efcape from fuch Prifon, or to go without the Walls or Doors thereof, until he or they (hall be duly difcharged, fuch Gaoler or Keeper fhall, for fuch his Offence, being duly convifted by Indidmcnt or Information, forfeit five hundred Pounds, of law- ful Money of Greaf-Britaiii, for the Ufe of the Creditors of fuch Bankrupt. And the Gaoler or Keeper of fuch Prifon as aforeliiid, fhall, upon Requeft ofDitto.S. 19* any Perfon, being a Creditor of fuch Bankrupt, and having proved his Debt under the Commifllon, and producing a Certificate thereof under the Hands of the Commiirioners, which they are hereby required to give gratis, forthwith produce and fhew fuch Perfon or Perfons fo committed as aforefaid to any fuch Creditor requeuing the fame ; aiid in Cafe fuch Gaoler or Keeper of fuch Prifon fhall refufc to (hew, or fhall not forthwith produce fuch Perfon or Perfons fo committed as aforefiid, and being in his adtual Cuftody at the Time of fuch Requeft, to fuch Creditor of the Bankrupt requefting to fee fuch Perfon or Perfons committed as aforefaid, fuch Gaoler or Keeper of fuch Prifon fhall forfeit for fuch his wilful Refufal or Negledt , the Sum of 1 00/. of lawful Money of Great -Britain, for the Ul'e of the Creditors of fuch Bankrupt, to be recovered by Adtioi. of Debt in any of his Majefty's Courts of Record at Wejlminjler, in the Name of the Creditor requefting fuch Sight of fuch Prifoner. And for every other fuch Offence fliall forfeit the Sum of aco/. for the; Ufe of j Cm.!. tlie Bankrupt's Creditors, as aforefaid. •' . ■ • - .;---■- :,^'**" Concerning Privilege of Parliament. ' BY Stat. 4 Geo. III. Cap. 36. the Stat. 5 Geo. II. Cap. 30. conceriung Bank- rupts is further continued to Septetnier 29, 1771, and from thence to the End of the then next SefTion of Parliament. And with Refpedt to Perfons in* titled to tlie Privilege of Parliament not paying their Debts, the following Adk was made, intitlcd, • An Ad: for preventing Inconveniences arifing in Cafes rf Merchants, and fuch other Perfons as are within the Defcription of the Statutfs rchting to Bankrupts, being intitled to Privilege of Parliament, and becomil^g iiifolvcnt.' Stat. 4 Geo. III. Cap. 33. Sedt. i. Whereas Merch^^s, Brokers, Fadlors, Scriveners, and Traders, vvitliin the Defcription of the Statutes relating tf^ Kankrupts, having Privilege of Parliament, are not compellable to ^m theif juft Debts, or to become Bankrupts, by Reafon of Freedom of their Perfons frum Arreft upon Civil Procefs j and fome Doubts have alfo arifen, whether jp Caks of Bankruptcy, a Commifhon can be fued out during the Continuance of fucb Privilege : To remedy which Inconveniei>ces, and to fupport thp Honour and Digp.ity of Parliament, and good Faith and Credit in commercial Dealings, wliich require, that in fuch Cafes, the Laws fhould have their dije Courfe, and that no (lich Merchants, Bankers, Brokers, Factors, Scriveners, or Traders. in Cafe of adtual Infolvency, fhould, by any Privilege whatever, be exempted from doing equal Juftice to all their Creditors j be it enaded, fiff . tlwt fron; and after the ift Day of May, ijb\, it fhall be lawful for any fingle Creditor, or two or more Creditors, being Partners, whofe Debt or Debts fhall amouqt to iQo/. or upwards, and for any two Creditors whofe Debt (hall ^itpQunt tq 150/. or upwards, or any three or more Creditors whofe Debts fhaU an^oun^ to 200/. or upwards, of any Perfon or Perfons deemed a Merchant, Bank,?r, ^fqker, Fador, Scri\ener, or Trader or Tratjers, witWn th? Pefcrift^on of tl^ Aft of 4 - Parliament ^#! I')' .» . • I 5 iHfe. 'U Ul ft I IS S88 '1 n Parfait Ne. fociant, .jai. Of BANKRUPTCY. Parliament relating to Bankrupts, having Privilege of Parliamerf, at any Timt, upon Affidavit being made and filed on Record in any of his M;\jefty's Courts at Wt/lminjler hy fuch Creditor or Crcditorb, that fiich Debt or Debts is or are juftly due to him or them refpedivcly, and tliat every Aich Debtor, as he or they verily believe, is a Merchant, Banker, Broker, Faftor, Scrivener, or Trader, within the Dcfcription of the Statutes relating to Bankrupu, to Ik- out of the fame Court Summons, or any original Bill and Summons, agaiiiil fuch Merchant, Banker, Broker, rudtor. Scrivener, or Trader, ami Icrve hirn with a Copy thereof; and if fuch Merchant, Banker, Broker, ' Fador, Scri- vener, or Trader, fliall not, within two Months after perfonal Service of fuclj Summons, Affidavit of the Debt or Debts having been duly made and filed u aforelkid, pay, fecurc, or compound for, fuch Debt or Debts, to the Satistudion of fuch Creditor or Creditors, or enter into a Bond in fuch Sum, and with two fuch fufficient Sureties, as any of the Judges of that Court out of which I'uch Summons ftiall ilTue (hall approve of, to pay fuch Sum as (hull be recovered in fuch Adlion or Adions, together with fuch Cofts as ihall be given in the fame, he (hall be accounted and adjudged a Bankrupt from the I'lnie of the Service of fuch Summons; and any Creditor or Creditors may fnc out a Com- miflion againft any fuch Perfon, and proceed thereon in like Manner as againd other Bankrupts. Sedt. 2. Provided always, and it is hereby declared, tliat this Aift (lull nut extend, or be deemed or conftrued to extend, to any luch Debt or Debts as aJorc- faid contradled before the 8th Day of March, 1764; any Thing hereinbefore contained to the contrary thereof in any wife notvvithrtanding. Sedt. 3. And be it further enacted, by the Authority aforef>id, that if any Merchapt, Banker, Broker, Fador, Scrivener, or T radcr, (hall, after the b:l Ujy of this Scffion of Parliament, commit any Adt of Bankruptcy, that then, and in fuch Cafe, any Creditor or Creditors as aforefaid may fue out a Coinmiliion of Bankruptcy againft any fuch Merchant, Banker, Broker, Fadlor, Scrivener, or Trader; and the CommilTioners in fuch CommKTioii, and other Pcrfons, nuy ftroceed thereon in like Manner as againft other Bankrupts ; any Privilege of Par- iament to the contrary notwithflanding. Sedt. 4. Provided neverthelefs, and be it enadtcd, that nothing in this Afl dull fubjedl any Perfon intitled to Privilege to be arre(ted, or impiifoiied durins^thc Time of fuch Privilege, except in Cales made Felony by the Ads reiating to Bankrupts, or any of them. .-a-- HAVING now made every necefTary Remark on the Laws and Praf>ice for and againft an Englifi Bankrupt, I Hiall add, how thofe under luch un- happy Circumftances are treated in France and HoUand ; as it may unfortiiii.>uiy happen for my Reader, that the Courfe of his Dealings may lead him into for.? unlucky Engagements with fuch infolvent Perfons ; and it will then be natural for him to be defirous of knowing how far the Laws of the Country will protect tk Debtor from the Creditor's Suit, and what Steps thcfe latter ought to tike for the Securing or Recovery of their Property : In Order therefore to give my Reader this Satisfadtion, I Ihall obferve to him, that in France a tonliderabie Diftindtion is made between a Bankruptcy and a Failure ; the former being under- ftood to be voluntarily and fraudulent, whilft the other is fuppofed to be by Con- ftraint and Neceffity, caufcd always by fome unforeJeen and unavoidable Accident; but as Savary has made a very juft and nice Diftindtion between the Signifi- cation of thele two Terms, I fliall give my Reader the Senfe of his Obiervations thereon. He fays, the Publick feldom makes the Difference it ought on thcit OccafioDS, but confounds the Diltindlions, which are in their Nature very ap- parent, and are made fuch in all the King's Ordinances relative to thi^fc Amir*' The 'Trader who has failed, or ftopped by Reafon of his Incapacity puiiftually w comply with his Notes of Hand, Bills due, or immediately to return the Mok)' he had received for thofe come back protefted, and is obliged to this Demur by fome unforefeen Accident, or Lofs in Trade, and reduced to the ^sfcSxj of afking Time of his Creditors for the Payment of the Whole, or what he "n, OF BANKRUPTCY. 589 ig in this Afl Hull jiifoiied durii)'' ths ct" his Debts, is not to be placed on a Footing with the Bankrupt, who by Fraiul and Treachery has fccurcri to hiinlelf a Frovilion for Futurity, at the E.vptncc of his Creditors, to whon\ he gives up tbe trifling Remains of his ran- Ikked F'ortunc in Payment of his Clearance j and though this Man's Villainy continues undifcovered, he always remains infamous in the Eyes of the Publick} whilft the other, who complies as liir as he is able, is reftorcd to Credit, though he continues incapable of enjoying any publick Port till the wliolc of his Debts arc paid with Intereft Although a Merchant be never fo fkilful and afliduous in his Bufinefs, though he keeps his Affairs under the bcft Regulation, and has fet out in the World with a handlbme Fortune; though he has obferved all pollible Application, and made Prudence his Guide in the Management of his Trade ; and though he has omitted no Circuii ftance that mii;ht naturally attradt and fecure Succefs, yet if all is not accompanied by good Luck, he is not fure to profper in his Enterprize and Un- dei takings J for Fortune very frequently determines all contrary to Expc(ftation, as (lie is whimfical, and often favours the filly and ignorant, whilft the bcft and moft capable Men are ex[ieriencing her Frowns : This is what no one as yet has been able to account for ; and Experience demonftrates, that Miffortunes are daily happening to Merchants, whofc Pro'itity, Expertnefs, Prudence, and Capa- city, render them worthy of Compafnon, und undeferving this Reverfe of Fortune, that expofes them to Mifery and Contempt. Though, feeing Men, who follow the moft approved Maxims in their Bufinefs, do not always meet a correfpondent Succefs, but on the contrary arc cxpofed to MiHiaps and Lofles, or fuppoHng them confiderable Gainers by their Trade, and they have more than fufiicient to difchargt their Debts, yet their Elfedts may undefignedly be fo difperfed, that they may be incapacitated to anfwer an immediate Demand made by fbme inex^ orable Creditors, wlio will give no Quarter, or liflen to the Calls of Benevolence and Humanity; I fay, feeing Men of Integrity arc expofcd to thcfe unjuft Refent- ments of uncompafljonate Creditors, the French Laws have provided a Means, by granting Letters of Refpite, or Arrets of Parliament, to protcft them from thofc unrelenting Tempers j which I am now about mentioning. Letters of Refpite are always granted by the King, and Arrets of general Protec- tion by the Parliament, and fometimes by the King's Council, both tending to defend an honeft Debtor from the Profecutlons of his Creditors, during the Term for which they are granted ; and to allow him Time to liquidate his EfFefts, in Order to pay his Debts, or to agree with thofe to whom he is indebted ; and that he may obtain the faid Proteftion, he muft ftriftly obferve and fubmit to the King [Lrivis XIV]'s. Ordinances of -^?'^i^/ 1669, and Afarf A 1673 j and to his Ma- jefty's Declarations of ihe 21,^ oi December 1699, and that of September 1664, which enjoin the following Particulars. I ft. Letters of Rejpite atc never granted but on important Confiderations, to begin with Proofs and authentick Accounts, which ought to be explained in the tiid Letters, and affixed under the counter Seal ; with a State of his Eftcdts, which the Grantee muft certify to be a true one, as well of his Moveables and Immoveables, as of Debts, under Pain of fuffering the Penalties mentioned in the aforefaid Ordinances ; and he muft take Care to be very exadl herein, becaufe if he is found fraudulent in any one Particular he will forfeit the Proteftion of the faid Letters, although they have been granted peremptorily with all his Creditors, \votdc^"^ and he will not only be unable to procure others, but he (hall not even after this p-7i6.Voi.i! be admitted to the Benefit of ceding or giving up his Eifedts to his vhich is only denied to one convidted of Fraud and Deceit. 2d. This State, fo drawn up and certified, ought to be depofited at the Regiftry' or Rolls of the Confular Jurifdidtion, if there is one at the Place of his, the Debt- or's, Refidcnce, if not, at the Town-Houfe j of which Depofit he muft take a Certificate, to be fixed to the Petition he prefcnts to the King, Council, or Parliament, for obtaining the Letters of Rejpite or Protetlion ; and immediately after the Sealing and Expedition of the Letters, the Grantee ought to deliver into the Office, as well of the Judge to whom they are addreffed, as that of the neareft Confular Jurifdidtion, a Duplicate of that Sute, whofe Truth has been fo certified, of whofe Depofit he ought to procure Certificates from the 7 L different Difl.de Com- Credit. jS^[" t'tl ' *r :i *R i,.:;..:*? l!f ii : ;f. 1 t!if 590 OFBANKRUPTCY. different Regifters, and give a Copy to each of his Creditors, ns well of State as of the Certificates, at the Time of notlfyinR the Lttfcrt, wliidi ,;;c only valid in kegald of thofe to whom a Copy has been given, and tlierct'uru he renaains expofcd to the Profcctltionti of them who have been turgottcn or negle^ed in the Delivery of the faid Copies. ^dly. If he who obtains Letters is a Merchant, flanker, or Shopkce|)cr, he is obnged, befides the Formalities before recited, and under the faid Penalties, todc- liver into the Judy's Office to whom the Letters arc addreHed, his Bookj and Accouutsi of which he muft take a Certificate from tlie Regifter, and ulfo "ive ,1 Copy of it to each of his Creditors, when the Letters arc notified to tliem ; but previous to this Depofit, he ought to fhcw them to his Creditors, th;it they miy examine them if they pleafe, and fee whether the State of his Affairs delivcaJin- to the Office be a true one, and in all Refpedls conformable to his faid Books- r.nd Accounts } but he is not obliged to make this Offer till the Letters are notitid, at it is only from the Moment of their Notification, that lii^ railure is trtccmcJ, known, or publifhed, and that if he prefented his Books bclbre haviiij^ obtaiiicj and publifhed the protefting Letters, his Creditors, knowing tliereby the b.id State of his Circumftances, might Valu. »hemfelves on that Difcovery, to make him Prifoner, even whilft he was foliciting the Arret, which by this Means would be rendered unferviceable, as the Violence ofltred him in the Arret could not be repaired by it, for Want of its having a rctroadtive EfFedt. 4tnly. To enjoy the Benefit of the Time granted by the Letters, the Debtor ought to notify then to his Creditors, and others concerned in his Failure, who live in the fame Place with him, in eight Days from their Date, but to thofc rc- fiding at a Diflance, to oc counted from the eight, at one Day for every tivu Leagues; and, as was before obferved, they only proteft from the Suits of thofe to whom they are intimated j not that the Omimon to notify them to I'ome of the Creditors v ithin the faid eight Days renders them null and void, but bc- caufe that in Regard to the Creditors neglefted or forgotten, they are iiicffcaual till after their Notification j though the Vigilance which the other Creditori have ufed to prefervc the EfFeits of their common Debtor, is neverthelefs equally fer- viceable to thofe who are ignorant of the Letters, and to thofe who have adtcd either by Oppofition, or otherwife endeavoured to prefervc their Dues and make their Reafons valid. The Defign of the Arret's being notified in eight Days from its Date, is lu af- ford the Creditors an Opportunity of deducing and offering their Reafons againft it, if they have any j and that they may be admitted to make Proof of the Cheat, Fraud, and Knavery of their Debtor, if they fuppofe, and are capable of proving it J and it is not otherwife either reafonablc or jufl, that he who has obtained the Letters fhould remain Mafler of the Time for notifying them, as he might greatly abufe that Liberty, either by abfconding the belt of his Effects, or mak- ing new Purchafes, and then retiring with them into fome foreign Part where his Creditors cannot reach him; and this he may eafily do, if iniquitous enough to attempt it j as his Creditors not knowing that he was pofrefTed of his Pro- tedlion, and confequently not fufpeding the bad Stiite of his Affairs, would naturally take no Precaution to prevent either his Fraud or Flight. 5thly. A Merchant, after obtaining thefe Letters, is not at Liberty to pay any one Creditor in Preference to another; nor no longer Mafler, but a Depolitaryor Trufice, of his EfFedls, which ought to be divided equally among them, and they participate of the bad Fortune of their common Debtor, without procuring «n indiredt and particular Advantage to any one of them ; as this Preference is not only unjufl and odious, but, if difcovered, renders the Letters unprofitable to him that has obtained them, by their becoming null, for his having adkd (0 ccntradi(ftorily to the Intent and Purpofe of them. And befides this Penalty fo juflly ordained againfl the Treachery of a Debtor, who, either through Inclination or Feai, fo unequally treats his Creditors, to whom he owes an unbiaJIed Juflice, and a Part of his remaining EfFeds proportionable to their Credits, the neglefted or forgotten Creditors, and who have be:n only Eaid a Part, whilfl others have received their whole Debts, have a Rn^ht, if they ave fufficient Proofs, to demand a Drawback of as much as will be lutHcicnt to 4 P^' 1 I. OFBANKRUPTCV. piitthem all on a Level, according to the common Coiitraft wliich has liccn re- giiLitcd and agreed between tlieni and their Debtor j for as the Ordinance dif- polb, that thole Creilitors who lliall have received any Kffedls within a fmall Space before a Uankniptcy, (hall be obliged to rcftorc thcra to the Stock j there is a much Arongcr Rcafon for their doing fo who have received tljcm after a Failure is become known and p'lblick. 6thly. The Letters always order the Judge to whom »hey arc dircftcd, that in proceeding to their AcLompiirtimcnt, the Creditors being called, he give to tht Grantee fuch Time as he Hiall deem rcafonable for the Payment of his Debts i which however inuft not exceed five Years, except with the Confent of two Thirds of the Ilyixjthicated Creditors ; and in the mean Time the Letters grant him fix Month's Delay to folicit their Accomplifliment, during which Term the attempting his Perfon, or moveable Furniture fcrving his Ufe, is prohibited. 7thly. He cannot be excluded from obtaining the Arret under the I'rctext of Renunciations, which he has or might make in part Afts and Contrails, 8thly. Thole who have obtained Letters of Rclpite, (Sc. cannot value on them tvlicn they are acciilld of Bankruptcy, when they are adlual Prifoners, or that the Seal is put on their Effcds. 9thly. Second Letters of Refpite, or Arrets, are never granted, at leaft without new and confiderabic Caufes whereof he ought to make a Beginning with Tefti- monies and Proofs, as has been faid before. lothly. There arc many Cafes in which Letters of Refpite, (Sc. are not to be obtained, viz, for Penfions, Aliments, Medicines, Houfe-hire, Crops of Corn, Servant's Wages, Hire of Workmen and Journeymen, Balances of Guardians' Accounts, neceffary and voluntary Dcpofits, Couzenage, Reparations, Damages and Interefts adjudged in criminal Matters, Management of Publick Money, Bills of Exchange, Merchandizes feieed at Marts, in Fairs, Markets, and publick Ports, Frefh-Water Fifh, dry and falted. Securities judicial and extra-judicial, and of joint Bondfmen, Funeral Charges, Arrears of Ground- Rent, Obligations of Long Leafes, Merchandizes and Effeds bought of the E^^- India Compny, or Things fold of Ufe to it. 1 1 thly. It muft be remarked, that from the Moment the aforefaid Letters are obtained and notified, the Grantee forfeits his Honour, and is thereby not only rendered incapable of afpiring to any Pofl, or publick Employ, but is difTeized of them all from that Period, if he is then in PoffeiTion j ancl can only be rcftored to his loft Credit and Reputation by Letters of Rehabitation, granted by the King, which places them in the fame Condition with Regard to Honour, and Capaci^ of enjoying publick Employment, that they were in at the Time of their Mil- fortunes ; but thefe have never been obtained, as has been before obferved, till their whole Debts are paid, with Intereft ; and under thefe Circumilances they are fometimes, though rarely, granted to Bankrupts alfo. What I have faid concerning thofe trading People, who have obtained Letter^ of Refpite, or general Proteftion, will fuffice to fliew how far, and on what Con- ditions they are valid ; and I (hould now proceed to inform my Reader how thofe Bankruptcies and Failures are treated in France, who have not been able, either through Surprife or Negleft, to obtain the faid Letters : But as the Wife's Fortune or Jointure is equally regarded under any of thefe Circumftances, I ftiall mention the Proceedings thereabout, prior to the others, as the Knowledge of that Cir- cumAance makes a necellary 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 their Hufljands for one- third or half the Fortunes they bring j except it is otherwife agreed in the Mar- riage Articles, and the Wife thereby exprelfly renounces the faid Vic or Cuftom ; and fuch Renunciations are rcgiftered, and publiHicd, by fixing it in Writing to the publick View, at the Place of the Confular Jurifdidtion, if there be any there, if not, at the Town-Houfe, under the Penalty of its being null, as it is valid only from the Day of its Regiftry and Publication j and that my Reader may judge of the Motives of the King's Ordinance enjoining this Circumllance, he may pleafe to ob(erve that in Conlequence of the Copartnerlhip, the Woman, on the Huf- band's 19* .V\M i! L % ili: :.'-^!F* •!i! IP * r '5i hi J9t OFBANKRlfPTCY. band's Failure, is obliged to tcnnc in ;n a Creditor in common with the otlur. in this Manner, vh. Simpfing fhc brought a Fortune of 40.0 I.ivres, tlic ij.iltiit pi. into the joint Stoclc, ami the other Moiety feiural to her own \H[-, liy Mar- riage Artiiles, but remaining in the Iliiiband ; H.inJs, and he fiilin;;, her 200 ) Livrcj Stock link . with his, and IIjc cf)mcs in as a common Creditor, tor the other 2000 Livrcs. On the contrary, a Woman renouncing the Copartnerdiip in the Manner above recited, and bringint; 4000 Livres Dowry, generally has in I.jcu ot" the expedkd I'rofits from Trade, a Siun, I'uppofe 10,000 LivrPs, joiiud to her Fortune, and fettled on her by Marriage Contrail ; and in Cafe the Hiifb.ir.! afterwards becomes a Hankrupt, (he is entitled to an equal Share of his Ftfea , with all his other Creditors, proportionable to the faid Sum, (i) that (h*. is j;rcatlv benefited by her Reininciation, in Cafe the Hulhand prove? unfortunate; biitii the I'ublication of this Circumll >nce was not formerly made obligatory, manv People, knowing the Cuftom of the Place, were drawn in to trull a Man whohiil married a rich Woman, with much more than they would have dune, ii.'.d they been acquainted with her Renunciation ; as they conjedlured (he had greatly an?- mcntednis Stock, and confequently that their Credit was well founded, anrra Compliance from the Debtor would be both punftual and furc ; when, in iic.ihtv, the matrimonal Agreement was quite the Reverfe, and a Change of Ciiciini- llances open to them the ['atlacy of their Exjiertations, by expolin^^ the li'tic Foundations they had to fupport the Reafon of what were only ideal and ill- grounded ; and to avoid a Continuance of fuch Deceptions, the King publiilicd the afore-mentioned //rrj"/ in M»rt/i 167;^, fo that not one now can be impofd on in this Matter except through Indolence, or wrong Information, but may take luch Steps in their Dealings with Traders under cither of the aforcfiid Circumllances, as they rtiall deem prudent, and not run any unwarrantable Lengths in their Credit, through a miflaken Notion of a larger Fund tor Payment than there truly is ; and thus much I thought proper to mention on this Subici.1 before I treated on the French Laws concerning Bankruptcy and Failures, where protciljng Letters have not been obtained, which I (hall now go through with as much Brevity as the Nature of the Thing will admit of. It lias been remarked, in a preceding Part of this Chapter, that from the iMomciit Letters of Refpite, (Sc. arc obtained and notified, the Grantee is deemed to h,ne tailed ; and tliofe, whofe unexpcfted 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 EfFedts, by Order from the Judge, who has been petitioned fo to do by tome Creditor, is edeemed a Declaration of their Stopping, or Failing j and as there is a Diftinftion made in all the King's Ordinances, before remarked, between the Man who has by a Chain of unhappy Events been reduced to thefe Diftref^-:s, and he who has brought them on him- felf through Debauchery or Defign, I .:.ad mention the Laws in Force, in Regard both to the one and the other, ant. begin with thofe concerning the innocently unfortunate firft, in whofe Favour an Ordinance was made at Paris, the 12th oi March, 1678, in the following Words, -u/;;. ;.5 By Order of the King. In MONSIEUR the Provoft of Paris, or Monfieur the Lieutenant Civil, upon what has been prefented to us, by the King's Attorney, that it has for fomc Months paft been perceived, by the Requefts that have been prefented us, that many Merchants, Bankers, and other Traders, have been obliged to retire from this City, and to abandon their Effedls and Families, and have determined to know the true Caufes of their Retreat, and examine whether it mi^ht be prefumed, that the Knavery and Defign of committing fraudulent Bankruptcies had made them take that Refolution, it has been found, tha^ it has been more through ill Luck than Knavery j and that many foreign Bankers a..^ Merchants, who hive failed and broke, have carried away, and diverted large Sums, which .vcre oninj to the Bankers and Merchants of this and other Cities of the Realm, which has reduced and put tiiem in a Condition, not to iiave ready Money fufhcient to rcqiiit the nuiL'li in i H.iiikruptci th;lt Merili the .i^ooil I if th(.y hid I'riloii, and iAu[)li(hiiiei wc, having Merchants, 1 raiul, (ind for Hills of may appear counts, wiiic KfTcdh, ami nut at the 1) lowin^^ Day or other Per mary lnveiit( fo aqree tog( made, and (c heard the M of the Contr the Whole w to the Credii the King's A K(^edh of th( bezzlcd, hid, which Petitio publirtied, an( And in Cot unhappv Situa ilitors may of^ folicit a fafe and render an grcatcft Part, iiig hiinfelf, I'arlianient ; to (blicit tile nion the Ref in the mean T which Petit i which bein^ (iitors as (bon It' all the them in other I'roturation to wlio are prefer Thing this unf put on his Go( "cr ; but if th the third Tlii ■ make out a gei liim, to delive this is in Con Jiunct in 167-^ . Having dra following Ceri OK BANK U U l» !• C V. jicqiilt the nill.i of I'xchangc, d.iily falling due, ahlimi;;Ii they have more, or as luiicli ill Mrtlds, as ill Dclits : AtuI as it is jiifl, fcvcrcly to |)iini(h tVaiuiulcnt H.iiikriiptiicn, accordiim to tlic Rij^oiirof the Onlinanns, it is not Id'i. Co to hiniler thit Mcrcliants and Hankers who have triiilal tlieir Money with Strangers, under the Rood I'aifh or Credit of Trade, (hould not be treatecf in the fimc Manner as if they hid conuiiittid a C'hiat j and that tiieir preiijiirated Abfcncc to avoid a I'rilon, and the tonfeciuent C'harj^es hindering tlicir Ketiirn to Trade, and Rc- cft;iblilhment of tlieir Credit, require that foinc I'rovifion he made in it. And vvc, liaviiij; Regard to the Reiiucft of the King's Attorney, do ordain, that all MiTLhants, Traders, Hankers, and otliers, concerned in Coniinercc, who, without 1 rami, find themlclves in a Condition unable to difcharge their Debts, whether for Bills of Kxciiangc or othcrwife, by Reafoii of the I, odes they have met with, may appear before us by I'etition, to whieh they dial! t.ck Dujdicates of two Ac- counts, wiruh they (hall lign and athrm to be truej the one of the Value of their Kffi'tiH, and tiie other of their Debts ; in Virtue of the Ordinance which (hall be put at the IJottom of the Petition, they (hall fummon all their Creditors the fol- lowing Day to appear before us, to agree among themt'elvcs, or two Merchants, or other I'erfons they know, who rtiall examine the Accounts, and make a fum- niary Inventory, and value and appraile tiieir Eftlds, in an amicable Manner; and to agree together on the Terms and Times of Payments, and Remi(rcs if any arc maiie, and lell the faid Effeds in a friendly Way, if poHible ; and after having hard the Merchants which (hall have been named, proceed to the Con(irmation of the Contract, which (hall have been pa(red, in all Things appertaining to it, the Whole without I'^xjicncc or Application of the Seal, though without I'rejudice to the Creditors, who (liall become Accu(ers of a fraudulent Hankruptcy, and to the King's Attorney to profecutc extraordinarily, and demand the Scaling of the Kftedls of thofe who (hall have abfented thcmlelvcs, or become Bankrupts, em- bezzled, hid, and concealed their EfFeds in Prejudice to their Creditors, upon which Petition let Juftice be done. And the prcfent Ordinance ihall be read, publirtied, and affixed, where Need fliall be, Csff . And in Confequence of this Ordinance, a Merchant who finds himielf in th« unhappv Situation it treats of, and, to avoid the Violence whicli fome of his Cre- ditors may offer him, has abfconded, if prudently advifed, will by fome Friend folicit a fafe Condud from them for fifteen Days, or a Month, that he may appear and render an Account of his Adions ; and after having obtained it from the greatcft Part, if there is any one who refufes to fign it, he ought, before difcover- inj; himfclf, to petition the Judge and Confuls, or other Royal Judges, or even the rarlianicnt ; and it would be ftill better, in order to evitate all Tricks and Shifts, to folicit tlie Confirmation with tho("e who have figned, and a Permifllon to fum- mon the Refufers for to decree and ordain, that it fliall be allowed by them, and in the mean Time they (hall be prohibited attempting his Perfon or Effedts j upon which Petition a Sentence or Arret will be given, granting his Demands ; the which being carried to the Regiftry, it ought to be noted to the di(renting Cre- ditors as (bon as potTddc. h' all the Creditors are not refident in the fame Place with him, bi'. feveral of thcin in other Towns of the Realm, he muft write them to come, ( r fend their I'roturation to fome one of their Friends to attend the Atfemblies rf the Creditors wiio arc prefcnt, that they may have no Reafon to complain of liim. The fecond Thing thjs unfortunate Trader ought to do on his Return Home, if he has the Seal pat on his Goods and Effedls, is to rcquell the taking it off in an amicable Man- ner; but if this is refufed, it muft be ordained by the Authc-ity of Juftice. And the third 'I'hing is, that from the Moment he receives his Hooks again, he muft mjkc out a general State of all his Effects, as well what he owes as what is due to him, to deliver to his Creditors, when they a(femble to examine his A(Tfairs j and this is in Conformity with tlie fecond Article of the Eleventh Title of the Ordi- nance in 1 67 -^ . Having drawn out his Accounts in the moft exad Manner, he muft put the following Certificate at the Bottom of them, viz. . - 1 - . 7M in» 593 '/^ X ■,lf I ♦.l : f ' ■ ,' 1'^ ■ ."[ft ; ■•Jt ,v .1^ :N m I*n of his Circumftances will naturally excite ; and al- though fome of them fhou i fo far degenerate from Keafon and good Manners at to be abufive and flanderouk in their Treatment of him, it ought not to cxafperate him to make correfpondent Returns ; but command his Palfion, by reflcdting that it is not every one has Philofophy enough to bear LofTes with Temper and Equality of Mind J and it is probable what they AifFer by him, though he could not help it, may reduce them to the fame Condition with himfelf; therefore Allowances ought to be made, and no injurious Language returned from the unhappy Sufferer, though fuch a Shock is certainly not the leaft of his Misfortunes ; however, he ought to fubmit without murmuring ; and, together with the State of his Affairs, he ought to deliver the Creditors his Books, that they may compare the one with the other ; but in Cafe no one will take them under his Care, the Infolvent mav then deliver them into the Regiftry, as was before ordered to be done, by thole who had procured Letters of Refpite, &c. At the firft Meeting of the Creditors there is feldom much done, the greateft Part of the Time being generally employed in Complaints and Injuries againft the Failed ; and, at moil. Directors or Ariignees are chofen to take Care of the common Intereft of the Creditors, to fee and examine the Books «nd Papers of the Debtor, and to fix the Days of Meeting to confult about th'j Affiiirw It is to be remarked, that while this is tranfading, each Creditor in particular endeavours, as much as he can, to get himfelf paid the full of his Debt; the En- gagement in which he ftands with his Debtor, renders him ingenious and fertile in Inventions to incline him to confent to his Demand j one by threatening to prole- cute him as a fraudulent Bankrupt, and alfertingthat it will not be difficult ttr bringProof of his Knavery; another menaces him with his Determination of hin- dering his Compofition by his Influence and Intereft j whilft a tliird flatters and carelFes him, laments his Misfortunes, and affeding a Gcnerofity, oflers him his Purfe, proteiis never to forfake him, that he may de[)end on his uling all his In- duftry and Power to facilitate his Accommodation, that it is unreafonable he ihould be defpoiled of all his Effedts, and heartily pities both him and his Family; in fine, he makes Ufe of every foft and coaxing Exprclfion which he thinks may in- fluence his Debtor, and incline him to diftiiiguifli this Flatterer from the Reft of his Creditors, by fatisfying him at their Expencc. 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 unulcd to the unliappy Debtor, who, combated by Hopesand Fears, fometimes falls into the Snares laid for him, and quits thofe juft Rules of putting all his Creditors on the fame Footing, and by fo doing, completes his own Ruin ; for the Fawnings and Menaces of Cre- ditors can in no Shape operate 19 th« Prejudice of an huneft Bankrupt, who has punftualir OF BANKRUPTCY. punflually rendered an exaft Account of his Conduft and Affairs as the Lavf dite&s. But having hitherto only mentioned the Duty of the Debtor, I fhall proceed to hint the Obligation of the Creditors j and the firft Step they ought to take when tlTembled about their common Affairs, is to eledt fome among them for AfHgnees 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 j and that they may proceed with the greater Order and Regularity, if the Failure is very con- liderable, it is advifable that they chufe a Notary to receive the Ads of the Credi- tors' Deliberations, and for this it is neceffary to aflign the Place, and Days of their Meeting, that no one may pretend Ignorance; and for the Security of thofc elefted, the Aft of their Nomination ought to be approved and confirmed by the conAilar Jurifdidtion, if there is one, or in the Royal, or in the Parliaments if there is any in the Town or City where the Failure has happened. The Powei which the Creditors ordinarily gave to the AfTignees, is I ft, To proceed in taking off the Seal, if it has been put on. ad, To defcribe and inventory all the Debtor's Effeds, as welladiveas pafllve, Tvhich fhall be found belonging to him ; and alfo his Books, Letters, and other Papers and Inflrudtions which can ferve to the Eclairciffement of his Affairs. idly. To fee and examine the State which he fhall have given in, in his Books ind Accounts, and whether they have been regularly kept according to the Ordinance. 4thly, To fell the Merchandize and Houfehold Goods of the Bankrupt, and py the Money into the Hands of the Notary that fhall have been chofen, or to any other that the Creditors fhall diredt. 5thly, To recover all the Debts, and to undertake all the neceffary Proceedings towards it. 6thly, To examine the Tranfaftions, Contrads of Compofition, Bonds, Pro- miffory Notes, Bills of Exchange, and other Proofs of thofe who pretend themfelves Creditors of the Failed : From all -.v^hich Things to make a good and faithful Report to the general Affembly of Creditors, which fhall meet for that Intent. And the Affignees of a Failure ought to obferve the folllowing Maxims : ifl. They ought never to abufc the Authority given them by dhe Creditors, in favouring the Bankrupt to their Prejudice, from a Motive of private Interefl, as this would be wanting in that Honefty which ought rcligioufly to be obferved by thofe who are charged with the Management of joint Affairs. zdly. As it often happens that the Creditors of a Bankrupt are not all Inhabi- tants of the Town of his Rcfidencc, but of fevcral others in the Kingdom, who defire their Friends to alfjfl at the Affemblies, only to fee what paffes, without a Power of engaging them in the Refolutions of the Creditors : This f 'axim ought to be obferved ; never to admit any one to their Meetings who are not Bearers ofj^ecial Powers, for Con/ent; and agreeing to all that JJjall be deliberated and done by Plu- rality of Votes ; though this Plurality is not to be counted by the Number ofPer- Jins, tut the Import of their Debts ; or in other fFords, not by Number but Value, mi the Creditors to whom three Fourths of the whole is owing, Jhall decide this md every other controverted Affair. jdly. The Affignees having got their Power authorifed in the accuflomary Manner, ought in the firfl Place to take with the Commilfary a Copy of all the Opponents to what is fealed of the Failure, and to make them affign a certain Day and Hour in his Houfe, for to come and fee, and confent to the taking it off} and whereas in thelc Meetings, each Opponent has his Attorney, fo that Ibmetimes there may be thirty of them, it ought to be fettled and ordained, that the ancientefl fhall plead for all the Opponents, in Order to evitate the great Expences that would otherwifc occur, from each Oppc- lent's having one to plead for him. 4thly, If, on inventorying, any Creditor claims the Merchandize that he fhould have fold to the Debtor he mufl give a Defcription of it, as well in Refped to the Quality, as of the Quantity and Colours, whether both Ends are uncut, and the 4 Lead i^s '(?■,;! «* ■ ?!;■ '!■ 'm: ':H i\ ■H*;, 'I, ■ •■ ■wm ,,■1 ■-'■1. m 596 O F B A N K U U P T C Y. Lead untouched whereon is imprinted the Murk and Tickctt on which is wrnts the Name of the Rechutnant, and which gives Iiiin a Right to the prctL'ii>i] Return j this being the Cuftom always pradtifed and obfcrvcd on fiich (iccilions in Order to prevent unhappy Contefts, which might ruin both tlic Debtor and Creditor in Expences. 5thly, The Inventory and Defcription of the Merchandizes, Houfchold Goods, and Papers appertaining to the Failed being made, the AHignccs ouitJu dili;rently 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, luMore the/ proceed to the Sale ; and they (hould make a Calculation as near as pofl'ilile of the Value of his EfFedts, which they fhould report to the Creditors at the next Af- fembly, that it may there be difcufled, whether it will be molt for their Intdllit to put the EfFedts into the Debtor's Hands, under proper Claufes and Conditioib, or to difpofe of them entirely, and part tlieir Produce among them. 6thly, But before they proceed to tlic fiid Deliberation, the Debtor ow'n to juftify his Condudl to them, and clearly prove how Jiis Lolfes iiave arill-.i ; aj it would be imprudent to trufl: a Man with the Management of tlicir Af- fairs, by returning him his Goods, of whofe Integrity they fliould have the leaft Sufpicion. 7thly, Aftei having examined tlie Condudt of the Debtor, they ouj'ht all") ftridtly to fcrutinize the Pretenfions of every Creditor, to fee that their Demand; are juft, as on thefe occafions Tricks and Cheats are too frequent. 8thly, In examining the Books and Papers, the Afllgnees ihould carcfui'/ remark, whether the Bankrupt has not made any illegal Sales or Cefiions of his EfFedts J which becomes fo, if they are not tranfadted at leaft ten Dajs before the Failure is publickly known, and all Agreements or Conveyances whatfucver, made or done within thefe Limits, become null and void by all tlie king's '„V dinances; although all the Adls and Obligations of them are paft before a No- tary Publick, and the EfFedts fliall return again to the Stock, and be divided with it among his Creditors. 9thly, After the AfTignees have exactly performed all Things before -mentioned, and made the neceflary Remarks upon the Vouchers and Evidei.ccs cunccrniiig the Debt of each Creditor, they ought to draw out an exadt Balance of ail the EiFedls, in Order to give the Creditors an Infight into the Debtor's Affiirs and thereby make them capable of judging how to adt moft for their mutual Hcr.elit, and to determine whether it would be moft advantageous for them to return Jiini all, and wait a reafonable Time for the Recovery of their entire Dues, or to aiijull the Payment with a certain Lofs, or to fell all and divide the Produce. And the prefenting the (aid Balance to the Aflembly, which the Aflignecs (hall convoke for that Purpofe, ought to be done by the moft capable among them for explaining it ; and he ought to be fo circumfpedt in his Behaviour on the Occa- licn, as to give no OfFence by exclaiming againfl either the Bankrupt or any of the Creditors, for either real or imaginary Offences, as this is contrary to the Rules both of Prudence and good Manners ; for thefe Complaints fhould only be made to the fuppofai Offenders by themltilves, and not in a general Aflembly, it being fcandalous and may move the Pallions of fome, who may not have all the Iloneft/ and Civility that could be willicd, to be influenced by the Outcry and unreafonable Violence, to turn the Meeting into a Crowd and Rout, and fruftrate the Defigii of their afl'embling, by difperling them with Noife without coming 4|^any Re- folution. ^ If it is judged necefTary by a Majority of the Creditors to appoint fome one to recover Debts that may appear to be in Danger, it is lawful for them to do it pro- vifionally, notwithftanding any Oppofition or Appeal by the fewer Nunibci ; and it is equally conformable to the King's Ordinances, to pay off any Mortgage or Rent-Charge, as thefe carry Interert, witli the ready Money that (hall be loimd in Cafli, 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, (b that when three Fourths of them confent to any thing, the Oppofition of the one Fourth is not to be regarded. 5 Wlut their Dcm.i:iili G F B A N K U IT P t C Y. What has been faid liithcrto, only regards the Pcrfon who breaks through adventitious LolTe^ and Misfortunes, and who confcquently merits the cliaritable Attention of his Creditors ; and I proceed to fpeak of the Treatment that the fraudulent French Bankrupt ha;> to cxped from the Laws of his Country, and every one unhappily concerned with him. The Bankrupt, who becomes fo with the premeditated Intention to cheat, and unjuftly rife up with the Effedts of thofc who have trufted him, defcrves not only the Averfion of all his Creditors, but of the Publick, and merits an exemplary Punirtiment j a fraudulent Bankrupt being worfe and more infamous than a High- way Robber, as Travellers generally go provided to defend themfelves from thefe latter, though it is not fo eafy to guard againft an Attack from the malicious Dc- figns of ill-intentioned Men. The fraudulent Bankrupts are thofe who embezzle and convey away their EfFedts to feigned Creditors, that by their Means they may bring their real ones to greater Conceflions, and benefit themfelves by the Sums thus iniquitoufly obtained ; thofe who put their Effefts under Cover of fictitious Names, by falfe Sales of their Eftates or Goods, and by pretended Ceflions, or Conveyances of them j in fine, thofe who deftroy or hide their Books, Records, Pajicrs, or Documents, to hinder an Account of their Effedts from coming to the Knowledge of their Creditors, muft alfo be reputed and counted among the Number of fraudulent Bankrupts. There is nothing fo pernicious or dangerous to the State and Publick, as fraudu- lent Bankrupts ; for which Reafon, a Punifhment fufficiently fevere, and adequate to the Crime, is hardly yet difcovered j notwithftanding there are many Ordinar.ces fubfifting, which decree exemplary Chaftifements to thofe who malicioufly, and ia Fraud of their Creditors, become Bankrupts, thougii till the Time of Henry IV. this Crime was not punifliable with Death j but the Frequency of it in that Prince's Reign, induced him to change the more lenitive Laws of his Predeceflbrs, into the fevere one now mentioned. Of Bankruptcy in Holland. EXPERIENCE daily demonftrates that it is in Places of the greateft Com- , merce that Failures and Bankruptcies moft frequently happen ; and the Reafon is not difficult to be difcovered, as it is clear that among a great Number of Merchants, it would be a Sort of Miracle if all of them were equally fuccefsful in their Enterprizes ; if it were otherwife, to commence Merchant, and lay a Foundation for Riches and Profperity, would be the fame Thing. But God has fo difpofed the Aftairs of this World, that wc often fee one Merchant ruined and undone by the fame Trade which has enriched another j and on the contrary, that Traffick which has been produdtive of great Wealth to fome, has proved ruinous and deftrudtive to the Eltates and Fortunes of others. But not to dwell on thefe Refledtions, I fliall mention the Diftindlion made here between two Sorts of Bankruptcies, Failures, or Breakings, which are three fynonimous Words, and though they frequently exprefs the fame Thing, the one however is more foft, ?,nd lefs heavy or burthenfome than the other j for the Name of a Bankrupt is op- probrious and odious to all lionefl Men, and is only applied to thofe who become fo to enrich themfelves at their Creditors' Expence, or thofe who give Ro jm to fufpedt the Honefty of their Intentions, when they ftop lightly, or for trivial Caufcs i inftead of its being only faid that fuch a one has been unfortunatCi or had the Misfortune to break, when it is feen that he is reduced by infupportable Loffcs, which tvery honell Man is expofed to, by a great Number of unforefeeii Accidents ; but if he defigns always to continue his Integrity, and not wound his Confcience in detaining for himfelf his remanent EiFedts, which are juftly his Creditors', he will make no Difficulty to deliver them up his Books, to com- municate to them the true State of his Affairs, and to commit himfelf to their Mercy and Difcretion. So that in my Opinion the Clumber of the defolate Funds, called in Dutch, de Kamer van de dif/ate Boedels, which we have in this City, Amjlerdam, was not eftabliflied for tiiis laft Sort of Perl'ons, but witl» the folc View to prevent the - _ 7 N Knavery 597 I, : •' - !:1 ■mi w#: 'ii- 4 ! %'\ .fill 1 . k-H V m i'i.i; ^9S m 5f bankruptcy. kuavciy of thofe who in Breaking would detain to tliemfclves the greatefl Part of the Efftdls they poflefs, and fruftrate their Creditors' Endciwours to fccurc them; for wiicn an honeft Man has the Misfortune to fail, he makes no Ditficulty of ds- daring it .o his Creditors, and frankly to communicate the State of his Circum- ftanccs and Efk&s ; and if his Creditors find that the Lofics and DKafters which he alledgcsto have hecn the Occafion of his Stopping are true, and that his Inte- grity ftands uniinpeached, they frequently agree on Terms fettled among thcm- felves, leaving him fomething wherewith to endeavour his Rc-eftabli(hmcnt; but if it happens that any of the Creditors rcfufe to llgn this Agreement, he is obliged ♦o declare his Affairs at the Chamber afore-mentioned, whicli, after the Formali- ties in the following Ordinance, will oblige the RefufuUs to liibfcribe tlit Agree- ment, if it has been fettled between the Infolvent and two Tliirds of the Creditors for three Quarters of the Debt, or three Ciuarters of the Creditors for two Thirds of the Debt, as will be fcen in the fubfequent Ordinance. tnJlruSiiom and Orders for the Commijioners of the deflated or ruined Ejhitcs, y-^^HE States of' Holland and Weft-Fri/e make known, that it has been remon- flrated to us by the Burgo-mafters and Regents of the City oi ylmjlerdam, that thc_, thought proper, fome Years ago, to cliiblKh in the faid City a Chamber for the defolate Eftates, under certain Rcgid-.uions, as was then coiwenient ; that they, the Remonftrants, having feen fucli abundant Fruits and good Elfeds, that they were in the Defign, not only to continue it, but were deiirous alfo to provide for It by a more particular and ample Ordinance, drawn up on a Plan which the Commiffioners of the faid Chamber have made, and which they ha\w found to be advantageous and neceflary, by the Experience they have had, according to the Terms of the Copy which has been delivered us, and hereafter infertcd ; that to the End fo good a Work might have a greater Forcf and Virtue, the Remon- ftrants have prayed, that we would be pleafed to give our Approbation and Grant, in the bed and mofl ample Form, containing the faid Inllructions and Order as follow : I. In the firft Place, there rtiaK be yearly appointed, on the 4th of February, by the Lord Juftlces, five fit Perfons, for the Diredion of the Chamber, of which two (hall be taken from among the old Echivens, which I tiiink may be tr-nflatei- Aldermen, and the other* to be expert in Trade. li. Of thefe Commiffioners there fhall be at leaft two continued for three fuccef- five Years, bi'.t not for any longer Time ; and touching the Eleiftion and Con- tinuation of others, it Hiall he done as is (uftomary ia the other Banks and Chambers diredled by ConimiOioners. III. The faid Commiffioners Ihall afiemblc daily to attend all the Affairs whicit may happen in Relation to the infolvcnt Funds or Eftates. IV. When there are any infolvent Eftates in the faid City, or its Jurifdidlion, either by Death, or Failure of fome Pcrfon, and that it fhall have come to the Knowledge of the faid Commiffioners, they (hall immediately go with their Secretary, who (hall be ordered thereto, and in their Prcfcnce, or others appointed thereto, exaftly inventory all the Effedls, and put them in gooc' ^nd fafe Cuftody, to the Creditors' greater Advantage, and as they judge they ought to be; they (hall alfo fecurc, without Delay, the Books and Papers appertaining to the faid Eftates. '4 V. The , r 1 n', , OF BANKRUPTCY. V. The EfFeds being fo inventoried and fecured, with the Bouks and Papers, they fliall give Order, that two or more Perfons be appointed Truftees of the faid Funds, A-ho by Letters or Exprefs, if it is necefTary, fliall endeavour to fecure all the Eftates, Effedts, and Debts, belonging to the faid Funds, whether within or without the Jurifdidion of that City, or of this Country. VI. This being done, there (hall be let pafs at leaft fix Weeks, or rtlon;, at the Difcretion of the Commiffioners, without proceeding to the Sale of any of the Effeds i but the fame Time (hall be left to the infolvent Perfon, or to the Rela- tions of the deceafed, to the End that in the faid Space, they may find fonie Method to fettle with the Creditors; neverthelefs the (aid Truftees (hall be ufing their Endeavours during that Time to recover whatfoever is due to tlie Infolvent, and to procure and promote the Creditors' Advantage. VII. And to the End that in fuc! Compofitions every Thing be done in Order, all Merchants or others who have already failed, or become mfolvent, or that (hall hereafter fail or become infolvent, and their Heirs, may convoke or fummon all their Creditors before the Chamber of the defolate Funds, by Citation of Bills fixed up, or by Letters of Advice to thofe who live without the Diftriot of this City i and that in Prefence of the faid Commi(rioners, or the greateft Part of them, they may, after a fincere Opening and Declaration of the State and Con- dition of their Stock, as alfo a true State of their Debts and Dues, undertake and draw up a Commi(rK)n or Agreement, for tlie Payment of what they owe, totally, or in Part, in ready Money, or in fuch a Time, giving Security, as they are able, and that the Parties (hall think reafonable. VII. And the Minority of the Creditors (hall be obliged to follow and conform themfelves to the Majority; the which (liall be three Quarters of vhe Cre- ditors for two Thirds of the Debt, or two Thirds of the Creditors for three Quarters of the Debt. IX. But thofe who have Securities or Pledges, (hall not be admitted to the Agree- ment ; but onUr thofe who have been Securities, who alone (hall have a per- fonal A«aion for their Indemnity, and the fame Right, and of the fame Na- ture with perfonal Creditors. X. All thofe who pretend to be Creditors of an infolvent Eftate, (hall alfo be obliged to juftify their Debts before the Commi((ioners of the defolate Funds* who 'v\ Cafe of Difpute (hall determine it« whether th« Failed has agreed or net. XI. No Agreenicnt begun between the Failed, or any one on his Part, and the Creditors (hall be made nor concluded, but with the faid CommitTipners' Coafent. XII. The Agreement between the Inlblvents, or their Heirs, on the one Part, and their Creditors on the other, being made under fudicient Security, ao4 Hgned by the 599 l':i lit ■m '•■(- ' M ,:i?! ■ m-r^^ 6oo OFBANKRtJPTCY. the Creditors, or the grcatcfl: Part of them ; the Parties agreed, and their Ertcfls (hall be diftharged from the faid Chamber, and reftorcil to their former Liberty' to trade, receive, and pay, in the fame Manner as before their Tailurc, after paying the faid Ccmmiftloners al.' the Expences occafioned on Account of their faid Affairs, at their Difcretion j fo that in the mean Time they fli?ll not fatisfy any one of their Creditors to the Prejudice of the others, under Penalty of forfeiting the faid Agreement. XIII. And the Failed and his Securities fliall be obliged to furnifh and put into the (iiid Commlfficners" Hands, as foon as the Agreement il-.a" have been pflcd as aforefaid, on the Day and on the Terms therein contained, for the Security and Advantage of the Credit jrs, the Sums they fliall have promifed, prn rata, of what they owe, to the End that the faid Creditors may receive their Sum fronj t'le faid Commifiior.ers when they fliali come to fign the Agreeatent. XIV. Ncverthelefs, if it is found that the Infolvent or his Heirs have adted knaviflily and fraudulently, in, or ifter making the Compofition, either by having hid iiij Books, Letters, or Papers, removed their Effedts, Merchandifes, or Debts, con- veying them away to defraud their Creditors ; or that they have underhand agreed with fome one of the Creditors on other Conditions : Such fliall not only have their Agreement fet afide, but fliall be corrcded and puniflicd accord- ing as the Cafe requires. XV. And thofe who (hall pretend to be, and make themfelves pafs for Creditors, without being fo, by an Underftanding with the Infolvents, or from their owii Motive, againft their Knowledge, or that demand a greater Sum than their Due, in order to wrong the Creditors, and Benefit the Infolvent, they fliall be pu- niflied as Cheats, and befides be co. demned to pay, as their own Debt, all the Creditors. i '■ ntii 1 1 1 1^ ' H h^ 1 't 1 XVI. The aforefaid Time of fix Weeks, or more, at the Commiflloncrs' Difcretion, being paft, without their having been able to mediate an Agreement, the Truftees (hall proceed diredly to the Sale of the Efl^eds, as well moveable as immm^able, as alfo the Stocks and Credits, provided that the Immoveables are not fold with- out the Confent of the Echevins, and between the ifl of Novmlcr, and the ad of February, dans les douze Nuits, But the Merchandizes, Furniture, and other Effedts, may be fold publickly, and at Audlion, at tlie Difcretion of the faid Commiflloners, without Prejudice to the Riglus of the Secretaries md Keeper. But in Cafe there fliould be among the Effedts fome Merciiiindize, which it fliOL'ld be thought proper to keep for fome Time unfold, either upon Account of an apparent Rife or Price, or for fome other Rc;xfon alledged by the Trtftees to the Commiflioners, then the Sale of the faid MerchandizCi may be retarded for fome Time, but not otherwife, . XvIL --. .x^ ' '^•'" All this being performed, the Commiflioners ihall appoint a Day for their Sitting on the AdU of Preference and Concurrence, by which Day all the known Creditors inhabiting this City fliall be fummoiied by the ufual Cita- tion, thofc Abroad by Letters of Advice, and the unknown by Bills fixed up; with a convenient Interval of Time, to the End that on the faid Day they may come to give in their Names and their A«^s of Pretfnlion» whctlicr tln;y b! for a Preference or Concurrence. ; -^ j .- , < w; ., 6 ' ' XVIII. OF B A N i: R V P t C Y. xvm. The fixed D?.y being come, the Cominiflioneis Hull fiirt procccil to c.vamlne the Debt, and the Preference of every vine of the Creditors prefent, who Ihall endeavour to agree on this Sulijedl: If this cannot be done, the Creditors, who cannot agree to^ctlicr, fli.ill each he ordered to deliver into the Comm.ifioners' Hands, in the Space of fourteen Days, according to the State of Affairs, adiftin(S Demand, with the neceflary I'ieces and Documents properly inventoried, on Penalty, that if, in the aforclaiil Time, any one (hall be found that has not fur- niHitd the faid Demand, he (hall he held and regarded as delifting from his Prcti;nfioii, and Right Hiall only be made on the Demand, and on the Evi- dences delivered by the other Pretenders : Thofe alfo, who in the faid fourteen Dav;; have furnilhed 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 produced tliem, to the End that in other fourteen Days following, they may write to debate and contradiit, without allowing any longer Time for it; but after the f;id Time of twice fourteen Days, the Thing (lull be held to be in a Condition to be jud;;ed, and the CommifTioners (hall decree upon the Inftruments which (hall be till then delivered. XIX. 60 1 y it.:»^ r .1. 1: t. m'\\ f: m'J ij, i iti£ againft thofe who fliall be found to be Debtors, or refponfible to the Eftate. XXIV. The Creditors who would prove their Debts, and all others reclaiming any EfTe^s of the Eftate, as their own, fliall be obliged to enter their Aflion againft the Trufteei in the Time, or at lateft before the Sitting for the Pre- lerence and Concurrence, and before the Sale and Removal of the faU EfTeSsi and to this End they flail appoint the Truftees three Days before by fending them their Demands with the Citation, as alfo a Copy of all the Inftruments and Papers of which they intend to make Ufei and in Cafe the Plaintiffs do not appear on the Day appointed, they fliall be nonfuitcd, and the Inftancc difcharged with Condemnatic;< of f^barges, which the Plantiffs fhall pay be- fore they can make a new Inftance. XXV. But if any one has arretted the EfFefts, ^hich he maintains to be his, he ihall be obliged to cite the Truftee within the third Day of the Arreft, and to eftabliib bis a^on under Penalty of a nonfuit. XXVI. The Troftces being cited or appointed as beftJre, and not appearing, thert fliall be Default againft them j and on having a (econA Citation, and not ap- pearing, the Commiflioncrs fliall judge upon the Demands and Papers of tk Parly appearing alone, and thofe fummoned fliall be condemned to the Expence of the Procefs, propter contumaciam, XXVII. The Parties rummoned appearing, the Caufc muft be pleaded and detennrncJ forthwith, without giving or taking a Day to reply, except fonie ftrong Reafw. induce the Commiflioncrs to permit it. .- ' ^'^ ■ XXVIII. :■-• ' h If the Truftees fummon any orte in the Manner aforefaid, and afterwards they do not appear themfelyes, th .r But if the Parties fummoncd appear, they may conclude and ^nifh their Cauftf in Pleading, or take a Day in the following Week, on which Day the Caufc com- ing again to be confidered, it muft of Neceflity be then determined and con- cluded, if the Commiflioners have not Reafon to order otherwife. XXXI. The Truftees having arrefted any Pcrfon or Effedts, ihall be obliged, at th« Inftance of the arrefted or intcrcfted Pcrfon, to bring the Profecution in three Days before the Coramiflioncrs, to make their Demand and join IfTue ; upon which, the Perfon arrefted or interefted muft «nfwer, or that he takes a Day to do it, without derogating from the provifional Determination, under Secu- rity, if the Thing is found to be fo dijfpofed ; but the Perfon arrefted or inte- dted, not making any Profecution, the Arreft (hall be brought back and pro- fecuted the next yierfcbar, according to Cuftom. XXXII. The Caufe being pKipaMd and pleaded, the CommKHoners /hall difpofe of the Provifion, or Principal, according to the State wherein it is found, and if either the ont or the other Party will appeal, the Caufe fliall be carried and profecutcd kfore the Efchevins, on the Rolle Priviltgi^t privikged Lift or Catalogue, who fhall determine it, and the Execution fhadl be done by Provifion, without Pre- judice of mort ptrticuhr Plea*ngB. . 1. ' XXXIII. The Creditors of any infolvent Funds, being difcontented with the Proceed- iDgs and bad Management of the Truftees, may make thdr 'Complaints to the {ud CommiHioners, Wlk> fhslll cite the Truftees, hear thton, 'Sad ietde Affitirs ; ^proceeding according to the Exi^cy of the Cafe. XXXIV* I JJ The Perfons whom the&ld Commi^nera flail eftabli(h Truftees of the infol- vent Eftates, fliall be obliged to give them fufficient S'xarityfor &11 their Ad- miniftration, at the Difcietion of the (aid Commiflioners, that they may have Recourfe againft the Securities, in Cafe of aiiy Mifdeameanor of die Tri^ees, unlefs thefe latter were elected from among the Creditors, XXXV. . The Truftees, or Aflignees • from among the Creditors, having received any Money belonging to the Eftate, muft not keep it with th«n, but Ihall imme- donnance relates 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 obferved in other Countries, I Ihall not enlarge on this Subjed. js* ,<:.iK,ii^ Of o p THE • - •• ,; , . GENERAL COMMERCE 1 . OF THE ' " W O R L D. • •• T f t r f 1 i 1 J fl • I , . • » THE Commerce of the Ancients was at firft carried on by Barter, which ftill fiibfifts even in fcveral Parts, thougli of the mod uncultivated ones, of Europe; as in Siberia, and the Danijh and Miijiovite Laplands ; and it was but in the lart Century, that the EngUp, French, and Dutch Traders firft carried their Merchandize to ArcUugel, and there true lied them with the Ruffians, for the Produils of that vaft Empire. Many Nations on the Coaft oi Africa, almoft all ai Amaiui, and Ibnic oi yljia, have preferved this Method of giving what is fuper- fluous to them, for that which they have not, or at Icaft not in Plenty. it is not precifcly icnuwn when Commerce commenced by Purchaie and Tales, (ir when it began to make Ufe of Gold, Silver, or Copper Money ; as the firft Species were tliofe of Wood, Leather, and Iron ; and even at this Day a certain Value is fixed on different Shells and Cocoa-Nuts in fcveral Parts of both Indies, and given in Payment of fuch Merchandize, Drugs, and Commodities as they want. The oldeft Examples found of this Commerce in the Sacred Hiftory are in the Time of the Patriarch Abraham ; profane Authors place the Epocha under the Reigns of Saturn and Janus in Italy ; and the ancient Gauls, as 'Julius CaJ'ar re- ports in his Commentaries, attribute the Invention to the God Mercury. The Egyptians, PLenicians, 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 different Sentiments, to the hiftorical Preface. And it did not appear to the Ancients, that an Application to Commerce was unworthy the Attention of the moft illuftrious Perfons ; even Solomon, that fage and powerful Mon.irch, did not difdain an Engagement therein, but often, as be- fore mentioned, joined his Merchant Fleets with thofe of the King of Tyre, in a Voyage to Oplir, from whence they brought him thofe precious Metals and Commodities as rendered him, though governing but a fmall State, the richift Prince in the World. Under the AJiatick and Grecian Monarchies, Ancient Hiftory difcovers to us, from Time to Time, the Traces of a Commerce cultivated by different Nations, though it feems principally to have flouriflied under the Roman Government ; and one may judge, by the Teftimony of lliftorians, and that of antique Infcriptions, how many conlidcrablc Colleges, or Companies of Merchants, were eftablifhed in liiiicrcnt Cities. The DeftrutiVion of the Roman Empire by the Irruption of a Multitude of barbarous Nations, affedled Commerce by fufpending its ordinary Opeutions for a 1 inie ; but it afterwards revived, and by little and little made a new Progrefs, more efpecially in Italy. It was from tlicnce th^t the Pijiins, Genocfe, and Venetians, whofe numerous Fkas fprcad themfelves in all the I'orts of the Levant and Egypt, to load Silk, yP !■■ I' !:■ If B ».i I", 9 , 1- ■ lii m apices. n I 11' f /ic6 OF I ME CENIRAI, COMMF.RCF. OF TflF. WORf.D. Spices, and other Mcrchamlifcs of thofc Countries, which for a !on({ Time jHilldrcd the iilmoft folc Oillrihuliun of them to l-'raiue, Gctmnny, ami the oilier States of Eurnpr, Alioiit the F.iiJ of the fiftccntli Century, tlic grcateft P.irt of this TralFick juiU'd from them to the Por(ugUi;/!; after thefc latter Iiad opened ;i new N.ivi'j. lion in the Ocean, and were cAablidied in divers FartJ on the Coalh of yljflj JiJi'ii, and Arabia. The PortugueJ'c did not polTefs thefc difterent Branches of Commerce for aliovc an luiiuircd Years, or thereabouts j for tlic Dutch, at tlie Uej^inniiij^ t)f the Icvcti- teenth Century, (hared them with them, and very loon after IhijipcJ them of them ahnofl entirely. The Enflijh, French, Danes, and even the Hamburghcrs, cxtiteJ by the Example of their Succcfs, made alfo fomc rrtablilhments in the /W/'r, anJ on the Coafts of Africk, though much Icfs confiderable ones, excepting thofe of the EngUp, who have a very extenfivc Commerce in thofe Parts. In fine, Amirua, which the Spaniards difcovcred a little While after thcPjr/ii. gucfe had fecured a Way to the Eajl by the Cape of Good Hope, became a frelli Obie(5t of a vail and important Trade to all the Nations of Europe, thou'h it is true, that the firft Conquerors of this New World have always pollcfled the bell and richeft Part of it, and prcfcrvc the Traffick to themfelves with an extreme Jealoufy j but befidcs that the Englifi, French, Portugucfe, and Dutch, have many riourifliing Colonies, as well among the Iflands as on the Continent, it is ccrtiin that it is, though undefignedly, full as much for other Nations as for themfelves, tliat the Spaniards fend their Flota or Galleons yearly to load the Treulute of Mexico and Peru. Commerce is a Profefllon, in general, not lefs honourable than profitable, and is at prefcnt divided into that by Land and by Sea, in Grofs and by Retail, for which every Country furnishes fomething peculiar to itfelf ; as the various States, or even the different Provinces of them, have neither one Sun nor Clime equiily fuitcd to all Sorts of natural Produdtions ; bcfulcs, the Diverfity of Men's Genius, and Humour in general, and of Nations in particular, influences their Application to fome Sorts of WorJis and Employs rather than to others j fo that a mutual Communication becomes necelTary by the Intervention of Commerce, that wKat is wanting to fomc, may by this Means be fupplicd by others j and it is of no imall Confequence to thole who embrace the mercantile Profcffion, to inform themfelves exactly of what is to be found among their Neighbours, as weil as to make themfelves perfectly well acquainted with the Produdts and Manii- fadlures of their own Country. But not to enlarge on the Merchant's Ciualifica- tions, which I have already fpoke to, I Ihall proceed to open to him the promifed Scene for Pradticc, and begin, as it is natural, with the Trade of mv own Country, the Extent and Value of which may claim this Preference, at icait from an Englijh Author. The united Trade of England, Wales, Scotland, and Ireland, docs jointly con- tribute to form that confiderable Commerce which the Subjedls of the Britijh Crown carry on, whether domeftick or foreign. EKeiAND. The commodious Situation of our Country, both for long and Ihort Voyages; the many excellent Ports proper for the Conftrudtion of an infinite Number of VelTels built there ; the Ability and Intrepidity of our Pilots and Sailors ; a Soil fertile in Fruits, Corn, and Pafturage ; our Hills enclofing Diverlities of Metals, and Minerals ; Cattle of all Sorts ; and more efpecially the Sheep pro- ducing thofe precious Wools, of whofe Exportation we are juftly fo jealous; Manufactures of almoft every Species, and the greateft Part «f them fuperior to thofc of other Countries ; our Colonies in America, and cur Settlements fo rich and flouri^ing in the Eajl Indies, give us at leaft as much as to any other Nation, wherein to prove our Genius for Trade, and demonftrate that we have not been idle in it. Voltaire, in his tenth Letter concerning the Engliftj, fays, that Trade which has enriched them, has contributed to make them free ; and that this Freedom has ia «t< Turn extended their Commerce. Thii ft N G L A N D. 60; f'i This proves that the fund;imcnt;\l Maxim of our Country is a vciy iuft one, viz. that Trade is the Nurfcry of Sailors, that Sailors are the Soul of the Navy, that the Navy is the Security of Commerce, and that thefc two united produce the Riches, I'ower, and Glory of Grtiit-Britain. Under Henry the Vlllth, the Trade and Navigation of thefc Kingdoms began confiderahly to augment, and has fince always gone on incrcafmg. Wc then cn- giigcJ in a confiderablc Commerce to the Levant, and made frequent Voyages to Ciuinea and Hra/il ; but the F.nglijh were not fenfible of what they were capable in commercial Affairs, till towards the Middle of Queen Elizabeth's Reign, whole Protection and Encouragement animated her Subjedls to the Formation of different Trading Companies, and the EAablidiment of divers Manufatitures in her Capital, on the Ruins of thofe of the Low Couittriet, which rendered the Traffick of England fo flourifhing as to have it foon carried to Archan^^el, and extended to all the Ports of tht, Mediterranean. It alfo reached the richeft C'oafts of Africk, as well as the Eafl and Weft-Indict, and there took fuch a deep Rout, and was fettled on fuch folid Foundations, as to remain immoveable, and to Hand in lefs Need of Aggrandilements, than of Moderation. Although our domellic Trade is very confiderablc, and of great Advantage to the Inhabitants, the foreign vaftly exceeds it j and it is not bccaufc that England annot fubfift without it, Providence having abundantly blcHed us with every Necelfary of Life, but as foreign Trade occafions an Employ for all Sorts of Artifts, furniflies Work for the Poor, and augments our Manufadlures, proving an efficacious Means of enriching the Nation, (Ircngthening the State, and rendering it formidable to the neighbouring Powers, that wc are animated to en- gage fo deeply in it. It is for this that the Englifl} extend their Traffick to all Parts of the World where any is carried on j and there is no Nation under the Sun that drives fo great a Trade with their own Produdls and Merchandizes. This renders us powerful in orr Marine, augments the Number of our Sailors, enriches our People, and procu.es us all that the Univerfe can furnifh to fatisfy :he Imagination, or confer t the Appctitr. In a Word it is by foreign Trade that England is be- come the Suppoit of its Friends, and the Terror of its Enemies; and whilft the Commerce of our Neighbours, the Dutch, confifts chiefly in the Tranfporta- tion of Merchandizes, not their own, from one Country to another, our's is principally furiiilhcd and fupported by the redundant Produdls of our Soil and Induftry. Our Commerce, like that of all other Kingdoms, is compofed of Inland and Maritime, though with great Difference in Regard to the Profits it leaves, as our foreign Trade certainly exceeds that of any other State in the World, in the three Articles of which it confifts, viz. Exportation, Tranfportation, and Importation j Yrance can pretend to little more than the Firft of thefc ; Spain, Italy, and the tivo Northern Crowns, to the Firfl and Third j and Holland only vies with us in the Second. OUR Country furnirties the exporting Branch of Commerce with Butter, Expomtigc. Corn, Cattle, Cloth, and many other Woolen and Cotton Manufaftures, Iron, Lead, Tin, Copper, Leather, Copperas, Coal, AUum, Saffron, (ic. befides a Variety of Fabrications of Linens, Steel, Paper, Crockery, and other Articles of modern Invention and Improvement. The neighbouring Kingdoms have many Times owed their Prefcrvation to our Supplies of Corn, and our Horfes are generally efteemed for their Beauty,' Strength, and Paces j neither our own Fleets, nor diofe of any Strangers at Amity with Great-Britain, want any foreign Supplies for their Vidualling, having Abundance of Beef, Pork, Bifcuit, and frefli Provifions always ready, befides the vaft Quantities carried to the European and Wtfi-Indian Markets. Our Iron is exported, manufat^ured in Ciuns, Carcaffes, Bombs, fife, and our Cloths and Woollens are fent to moft Parts of the \/orld, though not in thofe Quantities as formerly j many Princes having fettled Manufadtories of their own, to die no fmall Prejudice of our's ; and the Value of our Exports in the Articles of Cloth, Northern Dozens, Raflics, Kcrfics, Bays, Serges, Flannels, Pcrpetuances, 6 Says, M :' i f h 668 GENERAL COMMERCE O^ THE WOULD. Says, Stuffs, Frieze, Pcnniftone, Stockings, Ca ps, Blankets, Rugs, &c. I fcirdoov not exceed the two Millions per Annum that Dr. D' ytvenant and Mr. King fuppoitu fomc Years ago they amounted to j according to their Calculation, th.it the yearl, Produce of Wool in Eng/and was about two Millions Sterling, and this workd up to produce in Exports eight Millions ; of which they computed, fix Mil- lions for Home-Confumption, and the other two for Exportation. The other Exports from hence, of Hops, Flax, Hemp, Hats, Shoes, Ale, Beer Cyder, He-rings, Pilchards, Salmon, Oyfters, Saffron, Liquorice, Optick (JhlTes' and Mathematical Inftrumcnts, Works of Horology, Ribbons, Toys, cift. are prodigious, and of a Value almoft incredible. The Veftments, Shoes, Hats, and Houfehold Stuffs, carried from hence yearly only to America, is fuppofcd to be worth at leaft 200, 000/. — This niuft amount to a much larger Sum lince the Conqucfts from the French in America. Engl. J produces yearly 5,000,000 Chaldrons of Sea-Coal, and the Mines would furnifh much more if wanted, near a Million and a half Pouiids of Tin, a thoufand Fodders of Lead, eight hundred Furnaces of Iron, and as many Tons of Allum j of all which great Quantities are exported, to the Value at leail of ^00,000/. per Annum. We tranfport alfo annually from our Plantations in America, befides what \vc ccnfume ourfelves, of Sugar, Indigo, Tobacco, Cocoa-Nuts, &c. r.buiit 400,000/. and our FiHi, Pipe-ftaves, Marts, Beaver, (Sc. from the Northern Parts do not produce a much Icfs Sum. It %vould be tedious and difficult to enumerate our Tranfportations and tlisi; Valu- from Denmark, Sueden, Spain, Portugal, and other Parts in the 5.'r.i.;., Tur.irv, Guinea, &c, but the nioft confiderable of all is that oftlie Commodities brought from the Eajf Indies, of wliich it is fuppofcd of late Years, wc have trani'- ported to tlie Value of 500,000/. per Annum, in Pepper, Salt-1 ic, Callito'.v, Muflins, Silks, Drugs, Diamonds, &c. after having retained a Suiiiciency for our own Ufe and Confumption. Importation. THE Article of Importation, or the bringing hither fuch Goods as we con- fume among ourfelves, is very great, though not equally advantageous from all Countries. But this will appear more evidently hereafter in the Statement oi' the Commerce carried on by Great-Britain with different foreign Nations. And that this Statement may be made with as much Accuracy as the Nature of the Subjcd, and the Secrecy of late Years fo ftridtly oblerved by the Adminiftr.itors of our com- mercial Affairs, will admit. — I fhall divide it into two Blanches ; Dmupc Troiif and Foreign Commerce and under each give a general Sketch of what each County in Great Britain and Itc/and fumifties towards, carrying on both ; eiilicf by its natural Products or its Manufactures. Great -Britain was thought by the Ancients, to be the largeft Iflandolilw then known World ; and though the latter dlfcovered ones of Muuii^tijcar and Japan vie with, and by fome are fuppofcd to exceed it, yet the Unctrtaiiity of their Dimenfions ftill leaves a Doubt, whether the Magnitude of our lile is not fuperior to them, and yet equal to what it was formerly accounted. It was at firft called Albion, and by the Romans Dritannit^, though I think the Etymology of both the Words is ftill unfettled. The Situation of its Southern Part, viz. England and Wales, is between the 17th and 22d Degrees of Longitude, and the 50 and 56th Degrees of Northern Latitude j being in Shape triangular, and the longeft Side from Ber-uuk North, to the Land's End S. W. three nundred eighty-fix Miles j from Sanduiel) E. to the Land's EndW. by S. two hundred fcventy-nine Miles j and the Perpendicular from Berwick to Portjmoutb N. an^ S. three hundred and twenty Miles ; contain- ing by Computation about 39,938,800 Acres, and 1,219,952 Iloufcs j is almoll ten Times as big as the United Netherlands ; lefs than Italy by near one Half, and in Comparilbn with France, is as thirty to eighty-two. According to a Catalogue exhibited by Camden to King James I. it wasprccl- led out into 6, 284 Parishes; but Mr. Chamberlaine, in his Magna; Driicn-iie S'o- fitia, fays, there arc, in all, nine thoufand nine hundred and thirteen I'arillus (even hundred and fifty great Towns, and twenty five Cities -, tliougli the anon) - 4 moij 5?f • I fear docN King fuppoitd ■li-it the yearly d this worked ited, fix Mil- oes. Ale, Beer, •ptick (ihlTes, Toys, ©f. are n hence yearly, s mud amount rka. \ni the Mines 'ouiids of Tin, and as many ic Value at leafl :fide8 what wc '.bout 400,000/. n Parts do not itions and thcii in the Utr^h:, lie CominoJities ;, wc have trani"- : rc, Callito-js, , Suiiiciency i'or Joodsaswecon- ageous from all Statement 01" the ions. And that of tiic Suhjcd, tors of our toiii- OoK.jiic I'raJf 1 of what each botii ; cither ;efl Iflandofilie Mui'iigiijciir and certainty of their IS nut fuperior lUgh I think the is between the rcesof Northern Beru.:.i North, Sandmib E. to he Perpendicular Vlilesj contain- oufcs i is alinoll near one Half, I, it wasprccl- f^r Uritctt-.ia A'«- hirta-n Parillics, lougli the anon) • nio IS ENGLAND.... mous Author of The prefcnt State of Great -Rritdin differs from both, by making the Cities to be twenty-eight, the IVIarket Towns fevti hundred and ninety, and the Parifhcs to be ten thoiiland fix hundred and three. The Counties in this Diftridt are rifty-two, forty in England, and twelve in Wales, whofe Produds ought now to be confidered j but as our Wool and Wool- lens are the moll ftaple Commodities of our Ifle, and the Negledl or Abufe of thofe excellent Laws in Force concerning them has been fo ineffedlual to the keeping the one at home, and detrimental to the Sale of the other abroad, I Ihould, pre- vious to my faid Intention, give fome Account of the Statutes relating to the Cleanfing, Packing, Carding, &c. of the firft, having at P. 78 and Jiq. done it for what regards its Running, and for the good Government of all Manufafturers and their Dependants, concerned in the latter j but as they arc many and very extenfivc, it is inipoirible to reduce them within thofe fmall Bounds I have limit- ed my fel' to for the Remainder of this Work, fo muft content myfclf with ob- ferving, that the Legiilature's Care of thcfe Particulars began very early; 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 Revenues yet as icon as we had learnt the manufadturing of it ourfelves, and experienced the Ad- vantages ariling from this Improvement, by a comfortable Employ for our dif- trelled Poor, and the Encreafe of our Commerce, the Prohibition of its Exjx)rt was judged neceirary, and enforced by many good Laws, in Order to fecure the Benefit to ourfelves, and prevent other Nations from -reaping it, as they had fo long done to our Prejudice j the Statute therefore of 27 Edw. III. declared the Tranfporting it Felony, and many others in fuccellive Princes' reigns have mitigated or enhanced the Penalties, as Circumftances and the Times have re- quired J they have alfo guarded againft Frauds and Abufes in the Combing, Spinning, Winding it, i^c. that crept in, during its infant State; by feveral penal Laws to the guilty TranfgrelFors of them. In regard to Manufadlured Wools, the A£fj arc Hill more ample and exten- fivc, and regulate their Lengths, Breadths, Weights, ^c. befides the many other Particulars neceflary to be obfervcd in their Fabrication, as conducive to their Perfedion and Goodnefs. Abftrads of which have been given in their proper Place. I fliall now begin my propofed DcfCiiption of the Counties in the Manner following : I. Bedfordjhirc. THE Produds of this County are principally confumed at Home, though it occafionally furiiiJhes fomething for abroad, in Corn and Woollen Ma- nufadures. Its Manufaftures of Straw Hats, and other Things made of that Material, at Dunjlable and Luton, and of Bone- Lace, employ feveral thoufands of the Inhabitants, and are worn by Multitudes of the principal Ladies in £w^- kni; Fullers Earth is found at Woburn and AJpley, and Butter made in many Places, and fcnt up frcfli in Lumps to London, 2. Berkfiire Produces much more for Exportation than the preceeding County, as the Woollen Manufactures at Reading, Farringdon, Newbury, &c. are very confi- de able in Cloth, Druggets, Duroys; Serges, Shalloons, and Stuffs; and at the firft of thcfe Towns has been edablifhed tor fome Years pall a moft cxtenfive Fabrick of Canvas, or Sail Cloth, which is brought to fuch Perfedion as to equal in Goodnefs any that was formerly imported from Ho/land or France, to the no fmall Advantage of the neighbouring Poor, who in large Numbers are thereby employed. And whilft it lb plentifully fupplies the exporting Branch of Com- merce, it is not barren in Produds for Home Confumption, as it has Corn, Cat- tle, and Wood, efpecially Beech and Oak, in Abundance : This County, with CloucejhrjL'ire i-.nd IVilts, fend yearly to London about fix thoufand Ton of'Cheefe, the Halt by Land Carriage, and tlie other Moiety by Barges, from LechUide, 7 Q^ Abingdon^ tio^ M fc m Wi: 'm. ' ■%. - % '■■■' ^I« bENERAL COMMERCE OF THE WORLD. Mingdon, Ne-wbury, and Reading, and in Return are fiimirtied with Salt Butter in Firkins from that City to fupply the Deficiency of their Dairie*. 3. Buckingbamjhire AfFoVds but little for foreign Markets, as its fole Manufadture is of Bone-Lace at Olney and Newport-Pagnell ; and its Produdts confined to Corn, Cattle, and Wool, except fome lump Butter fent up frefli from hence, Oxfordjhire, North- amptonjhire, Bedfordjhire, Hertfordjhire, and EJJex, and in Pots from Dcrbyflm, to London, in fuch Quantities as to amount in the whole at leaft to 100,000 Firkins per Annum, which are confumed within the Bills of Mortality. 4. CamhridgeJIjire Has no Manufadurc except of Malt, Paper, and Bafkets, bat its Growth of Corn, Hops, and Saflron is very confiderable, and the latter efteemed in Quality inferior to none. There is likewife found near Sturbridge very good Pipe and Potters Clay ; and Cattle are plenty, though their Dairies produce no more Butter or Checfe than lutlices for their own Confumption, as that Butter called Cambridii Butter receives its Denomination only by coming from thence, being firft brought there from other Parts. 5; Cbcfljirei So juftly famous for its Cheefe, of which, vi\t\\ Lancajhire, Part of Siropjhh, and Stajf'ordjhire, it fends up to London yearly above fevcn thoufand Tons ; all thefc are of a thick Make, yet very different in their Size and Quality, though all Aii without Diflindion in Town called Chejhire Cheefes. Thefo Counties, but more efpecially Lancafliire, likewife fell great Quantities for Lcedi, Sheffield, Tork, and Newcajile, befidcs what is confumed in Manchejier, and iliipped at Livtrpxl for Scot/and, the Straits, &c. being not lefs than fifteen or twenty hundred Tons. Nantwicb, Middlev)ich, and Northioich, afford large Quantities of Salt; Macclesfield is noted for its Fabrick of Buttons, as Conglcton is for Gloves j Cattle are plenty. Corn not fcarce j and in many Parts of the County are found Metiils and Millftoncs. It has fome Coal Mines, ur.H Salt- Works. 6. Cornwall. The hilly Part of this County appears unfruitful to the Eye, but enclofes j;reat Trcafures in thofe feemingly barren Mountains ; as there is yearly dug out of theai 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 Purpoic as the Siveiiijh, or any other heretofore imported, and is as fuccefsfiilly ufcd in all our Battery Works as any foreign was formerly j which induced the Government to encourage their Pro- prietors by laying a Duty fome Years fince upon all outlandilh black Latcn, and Xletul prepared, which are Plates of Brafs fitted for fmall Manuf.nJhire!.- of the Clock, Kitchen, ^c. And our Tin, as well in Quantity as Quality, greatly ex- ceeds all other Mines that have been yet difcovcrcd, thougli they have bce:i worked from Time immemorial, as we read that the I'hanicians drove a very con- fiiierablc Trade in it, with the then Inhabitants ; and the Plenty of the Mineral, Ijaving ccntinued equal through fo many ages, feems to indicate the Stock to be iiicxhaullible, and will in all Probability laft till the general Conflagration mehs ih.it and all Things in a Mafs together: In the Interim, the Advantage.s it producer to the County, and indeed to the Nation, are very confiderable, from the lar^e (^antities exported ; and for the better Regulation of a Bufinefs in which fo gre.it a Number of Men are employed, there are many ancient Laws in Force, firll made, ind Franchifes granted by Edw. I. relating folcly to them, by which they are incorporated in four Divifions, viz. Foymore, Biiickmore, '■Trew,:m,ii/t; ami Pt'n- uile; in each of which ftannary Courts are held, for the Dccilion of Difputts and ^ Correction I i- ve a vcrv con- England; Corredion of Irregularities, and fometimes Parliaments of the whole Society un- der the Lord Warden. The V^■llleys are rich in Corn and Pafture, and its Seas jlTord almoft all Sorts of Fifh in the greateft Plenty, more efpecially Pilchards, taken on its Coafts at two different Seafons of the Yciir ; and fometimes in fuch Abundance, that the Natives not having Salt fufficient for their Cure, make ufc of great Quantities to manure their Grounds, befides an annual Exportation com- monly of fifty thoufand Hogfheads ; and it is only in this County that I can re- member 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 furnilh every Demand for them. Tin, Cop; t, and Shtes are ex- ported to 6ii foreign Countries. Cumberland. The Manufadtures of this County are Rugs, Chair Seats, and Carpets in Imitation of Turkey Work, Penniflons, Half-thicks, Duffels, (Sc. At Penrith are made large Parcels of Leather, and from Whitehaven arc Ihipped great Quantities of Salt and Coals : Copper is found in Plenty at Newland and Kef- -d'ki, and at the latter there is black Lead ; the only Place, as fome lay, though I believe erroneoiifly, for it in Europe: Here are likewifegood Lead Mines, and the plain Part of the Country produces Corn, as the hilly Part does Grafs j the celebrated Fi(h Charr, is caught in its Meer called U//es Water, which alfo borders on Wejimorland, and no where el(e but in Lancajhire, in England. Here in fcveral Parts are good Dairies, and this, with Northumberland, fends up to London yearly about fifteen thoufand Firkins of Butter, which are chiefly (hipped at Newcajlle, though fome from Bfyth ; and thefe two Counties produce befidcs, between two and three thoufand Firkins, which are fent direftly into Km. ■ At Carlijle is a good Fabrick of fine Linen, in which about twenty-five Weavers are employed all the Year through ; and large Parcels of Leather are alfo made irl this City and Suburbs. The Ijk of Man lies about ten Leagues diftant from this County, in the Irijb Sea, but furnKhes nothing for Trade. 8. Derbyjhire. The Manufactures of this County are only woven Stockings of feveral Sorts, with fome Felt, Caftor, or Beaver fiats ; it is very fertile in Corn and Cattle, fending a good deal of Pot Butter to London, as mentioned under Buckingham- jl-ire i and jointly with Nottinghamjhire, and Part of Staffordjkire, about 2000 Ton of Cheefe yearly j this is fent down the Trent, from Burton, 6cc. and the Derwent, from Derby to Gainjborougb into the Humber, being of a thin Sort, and fold in London under the Denomination of Warwickjhire Cheefe.'^ Here are Quarries of Free-Stone and Marble, Abundance of Mill, Lime, and Whet- Stones, with fome Chryftal and Alabafter, green and white Vitriol and Alum. Its Mines are ftored with Coal, Iron, principally ufed by the Nailers, and in the fmall Manufafturcs in Birmingham, &c. and Lead, the latter being very 'plenty, and the beft in England; the Peak is famous for producing it, and its other Wonders, as Derby is for Sir Thomas Lombe's Engines eredled here on the River Derwent, for making organzined or thrown Silk, and for whofe Introdudlion the Parliament in 1732 gave him 14,000/. It contains 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 flopped feparately, whkh is very extraordinary in fo complicated a Machine j one Fire Engme coi- veys warm air to every individual Part of it, and one Regulator governs the whole Work. I. < I' i| !l !<* n ,1(. : :| 'i W\ i:?! 'I '"(, l,i !• H i,-i^i; 9. Devon- .M ?i'^-t^ 6l2 GENERAL COMMERCE OF THE WORLD. 9. DevonJJjire Affords many Things fimilar to the Produds of its adjoining County, Cornisall, as Tin, Lead, Copper, Pilchards, (Sc. though not in the fame Abundance; and though it is more fruitful than that, yet its Riches are the EfFedts of its Manu- factures, which confifts in Serges, Kerfeys, Druggets, Shalloons, Lonir-Elis, Cr. and Bone-Lace j fo great a Quantity of the firft is made in the Neighbour, hood of Exeter, as to furniili the Market of that City with 10,000/. worth weekly; here are alio made fome Broad Cloth, mixt or Medleys, and from its Ports arc fent more Filhcrmen to America than from any other County in England, 10. Dorjetjl.ire Is noted for its Beer, and yields great Plenty of Corn, Cattle, and Hemp, which latter was fo abundant near Rruiport, as to occafion, many Years ago, a I'abric!; of Cables for the Royal Navy to be crcdled there. The Iflcs of Portland ivA Purbeck produce Free-Stone, Marble and Tobacco-Pipc Clay ; and the Sheep bred in this County are innumerable, fo that it is fliid, that within the Ciiviim- ference of fix Miles round the Town of D:irchejler only, there are lix luiiulrci thoufand conftantly feeding. They are reckoned amongit the largcll and belt brouL;ht to the London Market, and fcarce inferior tu the B.:njlead Diiau Mutton. 1 1 . Dur/jant Produces great Quantities of Coals, lliipped r.t FttDiJcrland, fome Lead, Iroi!, Alhim, and Grindftones j at Darlington it lias a Fabrick of various btulls, and fends yearly to London about ten thoufand Firkins of Butter. 12. EJfex Is a very fertile County, and very abundant both in its Produfts and Manufac- tures ; the former confifting in Cattle, Corn, and Hops, but principally in Oyfters and Saffron, of both which it produces a great Quantity, and the beft of the Sort in the World ; it is likewife famous for fuckling Calves, and from whence the London Markets arc principally fupplied with this agreeable Food -, fome Cloths, Stuffs, and Perpets arc made here, but its Fabricks for Baize are unequalled in any Part ; and moft of the Inhabitants of Backing, Braintree, Coggejhall, Cbchnsfird, Billerica, Bificp-Stortford, Waltbam, Rumford, Haljiead, tVitham, and innumerable fmaller but populous villages, are chiefly employed in forting, oiling, conibing, or otherwife preparing the Wool for the Looms, or manufacturing it.— At Cs/- cbejfer alone arc made at this prefent from lix to kven hundred Pieces of Baize Weekly, called therefrom Cole ejier Baize ; and at Backing, Dunmore, &c. about four hundijd Pieces fcr Week of that Sort called Boding Baize ; extra of mock Colchejkr, which are not a few ; and the former liave been fo much in Demand fince the Peace with Spain, for whofe Markets they arc fitteft, as the latter are for Portugal, as to occafion a Rife of ten Shillings per Piece in Price on "the bcft Sort of them more than tiiey ufually went at before the War. A large Quantity of iTcfh Butter is fent to London from this County, and in Lieu thereof they take from thence, and from i^o//-, in Firkins, what futiiccs for their ConUimption. 13. GlouceJIerJI.ire Brings Sundries both to tlie home and foreign Trade, as it plentifully produces Cattle, Wool, Iron, Steel, Corn, Cyder, Salmon, Bacon, and Cheek, of which latter it clubs its Share to make up the fix thoullind Tons mentioned in Berkjhin; and its Wool from the Sheep oi Cotjwold, is the fnicA in EngLiud, a" ' '"-ly in- ferior to that of Andalujia ; they are likewife in luth Quamities that even the Flocks, much lefs the Sheep, are hardly to be counted ; iroin tliis Wool many plain white Cloth;, for Dying are made tltrougli all the Cuinity, as alio Variety wf worAed Stockings, bclides Yarn knit Hole. Je'H'kJlury, litlidcs its woollen 6 ' l-alr-cks Cornwall, ance; and its Manu- .ong-Ells, leighbour, ih weekly ; Ports arc 'and. mp, \vliich a I'abric!; 'or t land and the Sheep \e Circiim- ix lumdrd It and belt lx.u\, Iron, btulTs, and id Mamifac- ly in Oyftcrs of the Sort whence the bme Cloths, ualk'd ill any Clvlmsfiril, innumerable combing, .—At C'J- ces of Baize &c. about ra cf mock II Demand le latter are on "the bed p-e Quantity :of they take onl'umption. ly produces Ic, of which n Bi'rkjl.'in; ,1 r,.-\y in. lat even the Wool nuay .'.lib Variety it'i woollen l"abr-tb, ENGLAND. fabrlcks (which are very confiderable) is famous for Muftard Balls, as StrmJ is for its Fulling Mills and Scarlet Dye, 14. HumJ) or Uautflnre ts alfo very abundant in Sheep, which furnidi Wool for its m.iny Fahricks 0/ Shaioons, Kerfeys and other Stuffs; its Produlls arc Iron, Corn, and Timber^ and is more particularly noted for the Excellency of its Honey and IJicon. 15. Hart or Hcrtfordjhir^ . Thtf principal, and indeed almofl the only Produifl of this County, is ditFerent Sorts of Corn, of which great Quantities are ground hen; into .Meal, or made into Malt, and fo fent to fupply London Markets; Maiiulattures it has none; and what the Dairy affords of Butter is brougiit to Tuwn freih, and Salt Butter purchafed on cheaper Terms in its Room, as is pradlifcd in all the Counties circumjacent to London. 16. llcrefordjhirti Lfominjler (or Lempjicr) in this County is noted for its Wools, as Kyneton is for its Fabrick of narrow Cloths; its Produift confifls of Corn, Wool, Salmon, and Cyder, of which latter great Quantities are confumed both at home and abrt>ad. 17. Hunthigdonjlj'ire Affords but little matter to treat of, as it is deftitute of Manufkdure*, and its Produi^j limited to Cattle and Corn. 18. Kent. Thefole Manufaflure of this County I believe Is Thread, except what is caft ofits Iron into Cannon, Bullets, Furnaces, Pots, Boilers, Plate Iron, Bomb-fliells, Hand- Grenades, &c. and its Products are, fome Corn, Woad, Madder, Hops, Fullers- Earth, Iron, Burftone, Flax, and great Quantities of Kentijh Cherries and Pippins. 19. LancaJJ.ire, Being a County very fertile both in Wool and Fl.ax, affords Tunploy for the N'ltives in largf; Manuf^adturcs of Cloths and Linens eftablirtied there, of which the principal ones arc at Maiu'hfjhr, Bolton, and their Vicinaj^c, where rire like- wile made Rugs, 7ar^ I i 6i6 cr.NERAL COMMERCE OF THE WORLD. the northern Part of Ifi/t/lire fends yearly to Monlen, or MagJaht IJill Fair near fViiichijIcr, about fifteen Iiundred Tons, which is fold in one Day j this Fair is held annually on the a jth of Jiily, and is the grcateft for this Commodity in Englandt 32. Staffardjhire Produces Corn, Coals, Free-ftonc, Marble, Alabartcr, Copper, Lead, and Iron, of which latter. Nails, and other final] Wares are made : Burton is famous for its Ale J and this County docs not contirhutc the fmailcft Share to the two thoufand Ton mentioned under Derby and Nottiughamjliires to be fent to London, befides what its Dairies furnilh for Torkjhire, &'c. as is obferved in defcribiiig C/jejhire. 33. Sujo/i Is a great Dairy County, and fends yearly to London forty thoufand Firkins of Butter upon an Average, which is niipjxxl at Ip/wu/j and IVoodbridgc, and ibme few from Ahiborough ; befides which it makes about ten thoufand l"rkins more, that are fold at CokLeJlcr, and other Parts of EJfex. Of the Chee'c it produces a thoufand Tons, a little more or lefs, is annually brought to Town, with which the Royal Navy is ferved ; fomc Part is fold into Kent and Sujex, and the Reft to Shipping, ^c. as none is eat in London j a great deal is fent direcii^ from hence to Ncwcajile, asfomeisalfo from that City, The Navy in Time of Warukes yearly for Vidtualling from ten to twelve thoufand Firkins of Butter, and about live or fix hundred Tons of Suffolk Cheefe, though in Time of Peace the Confump- tion is not above one Fourth of cither: The Land Forces are fed with Cljcjhin, Warwick, or Ghucejierjhire Cheefe, of which between eighty and a hundred Ton was iffued^tr Atinum in the late War. This County is very fruitful in Cattle, and feeds great Multitudes of Sheep, notwithftanding which the Confumption of Wool is fo great in its Fabricks, as to oblige the Manufadlurers to fcek an addi- tional Supply from Lmcolnjbirc : Cloths are made at Sudbury, and Variety of Stuffs at Stow Market j alfo Says and Perpets, befides large Parcels of Linen j and its Produdts are Corn, Hemp, and Fullers-Earth. J 34. Surrey, Being very barren in the Middle, affords but few Produ(5ls or Manufaflure?, though it is faid that fomc Broad Cloth, mixt, or Medleys, are made at Ryegate,mi fome Kerfeys at Guildford and in its Neighbourhood. Iron is found of the lame Quality with that r." Sujex ; and it is on a Hill near Micklebam that Box grow < in greater Plenty tliat in any one Spot in Europe befides. 35- -S^'* Yields great Quantities of Iron, chiefly ufcd in Founderies for Cannons, Bombs, (Sc. and it has fome Manufadtorics of Cilafs. Its Produdls are Cattle, VVool, and Corn, more efpecially Oats, of which its Crops are incredibly great. The En^Hjh Ortolan (or Wheat Ear) is peculiar to this County j and a Suj/cx Carp, JnmM Mullet, Chichejier Lobller, and an Amerhy Trout, are fo peculiarly noted for their Excellence, as to challenge a Remark in every Treatife on this Shire. 36. JVarwickJhire Feeds large Flocks of Sheep like thofe of Lincolnjhire, though the greateft Part of their Wool is fold, and only fo much retained as to manufacture lomc woven Stockings, and at Coventry "TMwmys, or Coventry Ware, and Plaiding; Hats of Felt, Caftor, and Beaver, arc alio made here. Birmingham is famous for its curious Works in Iron and Steel, fupplied by the Mines of this County, which alfo produces Coals, Corn, and Cheefe in plenty. Of this latter, joined to what comes from LeiceJIerJJjirc, above five hundred Tons are fent yearly by Land to London, and fomc fuull Quantities from hence by Bari'e to Oxford and Abingdon -, ^ / fa 7 j^^jjjy ENGLAND. bcfidcs which thcfc tv^o Counties produce at Icaft a thoufand Tons, which it dif- pofedof in the Manner mentioned under Lekejlerjhirei 37. WeJlmorLmi, The Produf^s of this County are but few, though what the Soil denies is fup- plicd by the Induftry of the N;>tivcs ; as at Kendal zx\^ Kirhy-LonJ'dale the Manu- Miircs of Cloths, Druggets, Serges, Rugs, Peniftons, Duffels, Cottons, HatSi and Stockings, are very confiderable ■ fo tha: notwithftanding its terrene \n- fiTtility, that of its Looms furnifhes a very handfome Part, both to the home ind foreign Trade. 38. Wtltjhirt Being one of the principal Counties in England for the Woollen Manufadlures, I Ih^ll 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 thefe Fabricks, in his Compkte Englilh TradcJ'man, to what Experience, and fome other Authors have furnilhed mc with. This and the other large and populous Counties of Somerfet, Ghucefier, and Ht" 'con, have Manufadures lb exceeding great as to employ above a Million of People in them ; and this will appear to be far from an Exaggeration, if it is confidered, that befides the populous Cities of Exeter, Salijbury, Wells, Batb, Bri/iol, and Gliuctjur, the largefl: Towns, and a greater Number of them than any other Part of Gnat-Britain can (hew, and of which fome exceed in Magnitude the great northern Towns of Leeds, Wakefield, Sbejield, &c. fuch as Taunton, Devizes, Tiverto/i, Crediton, Bradford, Trowbridge, Wejlbury, Froom, Stroud, BiddeJ'ordt Barnjlafle, Dartmouth, Bridgewater, Blandford, Wimbourn, Sberborn, Cirencejler, Minchead, Pool, Weymoutb, Dorchejter, Uoniton, Malmjbury, Warminjler, Tedbury, tevijbury, and many others too numerous to be inferted, as they amount to about a hundred and twenty Market-Towns, and more than thirteen hundred Parishes, are all employed either in Spinning, Weaving, or fome other preparatory Branch of tlie Woollen Manufaftory ; and notwithftanding the Afliftance is fo great, and the Hands fo many, yet it is by fome affirmed that they purchafe yearly thirty thou- land Packs of Wool, and twenty-five thoufand Packs of Yarn ready fpun from Ireland. h has alrevidy occafionally been obfervcd, that the interior or middle Parts of £»^/:f w I i ' 6i8 GF,NEUy\L COMMIRC|- OF Tlir. Wor.III). tics, ns Kcrfcys, Half-thicks, Yarn Stoikings, IJiift'cl' , Rii;;s, '/^///fij-w.irl; Cl-ii-j and iiKiny diIkt ullliil M.inufaiitniivs, wliith tliol'c I'.irts alid'.iml in. ' ' IJiit it imift not be undcithxKi troni wliat I Ii.ivc Iicrc inciilional (if tim afoicfi'l Mamifadlurcs, that they arc eonfuicci to tl»o IMaivs there ijuotcil, as thcv riourji;. in many other Parts of the Kingdom, and arc taken Notice of in the fevci J C'oun- tics and Places where they are elhibli(hcd. The Prodiicls 6f tliis Shire arc |).. fides its Sheen and Wool, a little Fullers-Earth, many of the famous Ivihif, of ytulmrn Chale, and a large Quantity ot' Cheefe, as mentioned under licr.';j'.irt anj ■ Somerfttjbtre. 39. Worccjlcrjkin Is not among the Number of the mort confidcrablc Counties, cither for Pro- ducts or Manutadurcs ; it rbounds in Corn, Cattle, Cyder, and I'ciry j at i)/;//. ml.> Stuff- for and Scamcn'i llUtiS I'l iviimui.iv.iuii.3 , IV 1 L'uiiiiun III ^I'lii, \. .1111^, v^iici, iiiHi 1 V.11V ; at lir'At-' MHch are Salt Works; at ^towerhrlJge \\\Qiz for Iron and (Jlafs ; Bro.ul Cloth, mix t or Medleys, Fri/.c, various Sorts of Stockings, &"<-. arc made at //V.-y/.r,' " "■ *" Hangings and Prir.'ing, with fomc Linfey Wool fey at AV././tv,//,',-/,/,,', en's high crowned Cn^s, called Monmouth Caps, at Bcu'tl/)'. 40, TorkJ};!rc, The largeft Shi e in England, has a proportionable Share both of the forei-;!! find home frade of it, which it carrier on from the fcveral good Ports Iving 1:i the County : Its Produdts are various, acrording to the Diflerence of the Soil, which in fo large a Tradl muft be much more iertile in feme Parts than others. At W^jit'Af/'/ arc Coals, zx Knanjborough, Ripley, and Ponufnitli Liquorice, In the North-Riding, the Hills cnclofc Lead, Copper, and Pit Coal ; in the £///. Riding is Allum, and about Shr/fic/d Iron, which is there wrought into various Cutlery Wares. At Rippoti, Leeds, Halijlix, Waktjidd, Bradford, and Hufljmjkii, are large Manufadtories of broad and narrow Cloth, mixt, called Dozens, Kerlcys, and fome Shalloons; Z)o«6<7//(r is noted for Stockings, Gloves, and knit Waiil- coats, as Rippon is for Spurs ; and in fevcral Part;; arc found Freeftone, Fullers- Earth and Jet. This is a great Dairr County, and fends a hundred tlioufand Firkins of Butter yearly to L5;7, Ciirrui, Kylr, and (?//«- mn"h,i'ii, which ditVcr in the Fertility of their Soil, though none of them are har- rcn they pruJuie Corn atul Cattle, as the preceding Shire docs, hut not in fuch I'll ', J anil tlic Inhabitants, L.cin<^ an induilrious I'copie, arc many of them em- plo)nt hy the Merchants of 67 i and from Irwin great Quantities of Scotch Coal are exported for Ireland. Argyle. failures. Damff Is very fertile, and the Generality of the Country well furnirticd with Grafs and Corn, as the Rivers arc with Salmon, of which here is a very advantageous Filhery, In Bahettie is found the Stone of which Allum is made j and near Stratby/it, fuch a Quantity of thofe for Lime, that they build their houfes witli it, extra of what they fell, which brings in great Profit ; as their Commerce of fat Cattle, and fine Linen, difpofcd of in their weekly Markets, does at the Vil- lage of Keith. In Bahenie there is a Rock of very gcxjd Whet-ftones and I lones, furiicient to fupply the whole Ille ; and as they arc fo abundant, the Neighbours cover their Buildings with them inftead of Slates. 5. Berwick Was originally a Scotch Town, and has never to this Day been accounted any ?tn oi Eiigbitd ; it has divers Cuftoms diftindt from thofe of either Kingdom; and is privileged as a Place of Liberty of itfelf j it was formerly the chief Towi of the Merfe, or March, which is ftill called the Shire of Berwick. This County is very fruitful in Corn and Grafs, with the former of which and Salmon, Berwick carries on a great Commerce j as Duns, famous for the Bii tli of 'John Duns Scotus, does for a weekly Market for Cattle and other Things, fo that it has the beft Trade in tliis County. 6. But he, Bute, Boot Is a fmall Ifland near the Coaft of Argyle, about ten Miles long, and a Shrie- valty of itfelf, whofe Sheriff has alfo under his Jurifdidlion the Ifland of Gktta or Air-an ; both tliefe Ifles are tolerably fertile, and their Produce of the fame Na- ture with that of the other Wejlern Iflandsj Bute is befidcs famous for its Herring Fiiliery, as Arran is for the Salmon, taken in its fcveral Rivers, and for the Herrings, Cod, and Whitings on its Coafts. 7. Caithnefs Being tlie nortliernmoft Part of Scotland, and lying low on the Coafts, produces only Corn, though the Mountains abound with Sheep, Goats, and black Cattle j of which latter large Droves are fent to England, and chiefly difpofcd of in the Counties of Norfolk, Suffolk, and Ejfex ; it is fuppofed by fome that Lead, Cop- per, and Iron, may be found in thcfe Parts, though as yet no Mines have been opened of cither; and whatever the Indications may be of thcfe Riches, no one has hitherto attempted a Search after them, cither through a Want of Faitli or Funds, or both. 7 T 8. Clack- Hi ■m 'ti. H 'tsW w Il ■H, 62* I t'l GENERAL COMMERCE OF THE WORLD. 8. Chckmannan, Though but a fmall, is a fertile County, both in Corn and Pafturage, and likcwife abounds in Salt, and produces more Coals than any Part in North-Bri. tain, which are exported to England, France, and HoUand. 9. Cromartle \% a woody Country, and noted only for the Pearls found In the Waters of Corron; fo I pafs on to 10. Dm.ibriton OT Dumbarton, Of which as little can be faid, in Regard of its ProduiSls, as of the prccedliv County; ilic Lowlands yielding Corn, as the Uplands do Pafturage, belidcs which nothing is found here to promote Trade. 1 1 . Dumfries, with the Stewarty of Annandalc. The Soil of tliis County is more fuitcd for the Grafier than the Farmer, and a tolerable Trade is carried on by the Natives in Cows and Sheep. Near IVacbip- iialc the People make Salt of Sea Sand, which is a little bitteridi, fupjwfed to pro- ceed from the Nitre with whicli it is impregnated. Dumfries is a confiderable trading Town, well filled with Merchants, as its Port is with Shipping, though the Woollen Manufafture that formerly flourilhed here is now decayed. 12. Edinburgh, or Mid- Lothian, This Traift of Land if plentifully furnifhcd with all Ncceffarles for Life, and fomc ''jr Trade, as it produces Corn and Cattle of all Sorts, Abundance of Cod, Lime-ftone, and Salt ; and near the Water of Lc/VA is a Mine of Copper. Eiin- hun^h, the Capital of this Shire, and of Scotland, is a noble City, though built on a Spot incommodious for Trade, fo that Lcith is the Port to it, from whence, as may rcafonably be fuppofed, a very great TratHck is carried on ; tliough this might be vaftly in-reafcd, had the Temper of the People led them to the Conti- nuance and Ellablilhmeiit of Manufadtures ; but thofe they had before the Union are moftly laid afide, as the Inhabitants are more coBvc.iiently fuppl'.cd fincewith all Sorts of Commodities from England. 13. Elgin Takes its Name from the Hoyal Burgh fo called, aftd is a very fruitful I'.irtcf the Country, a^. well in Corn as Cattle ; LeJJie may properly be called its Har- hour, not lying far diftant, and is a Place of good Bulinefs. At a Village called Germach, are annually pickled and exported from eighty to a hundred Lifts of Salmon, all taken in the few iiummcr Months, and witliin the Space of a Mik. 14. Tifi Is an excellent Spot of Ground, abounding with Grain and Pafturc, and in lomc Places with Lead Ore and Coal ; its Seas arc well filiid with Fifh, as well thofe guarded with Scale, as Shell. At Dumfermline is a Manufadurc of Diaptr and other Sorts of good Linen, which is the Sole Employ of its Inhibitaius, and thofe of the neighbouring Towns. 15. Forfar, or Angus y Has fevcral Quarries of Frce-ftonc and Slate, with whicJi a good Trade i> driven ; near the Callle of Inner Markie, arc Mines of Lead j and Iron Ore iJ found in Plenty near the Wood of Dalbogne. The higher Ground, called the Brae, lupports Abundance of red and fallow Deer, with Roebucks, and I'owlij and the Salmon FiOicry here 1% very confiderable. 16. Hd- SCOTLAND. 16. H(ii/Jing/on. Contains Eiiji Lothian, which, like the other Part oi Lothian, is a fine Court- try ; the chief Towns are Dunbar and Haddington, of which the former had once a large Herring I'ifhcry, where they cured them in the fame Manner as at Tar- mouth, though not with the fame Perfeiftion for their Prefervation, fo that this Bulinefs is now come to Decay j as has been the I'^ate of a confidcrable Woollen Manut'adturi; that once flourirhed at Haddington, when, before tiic Union, Enr- Hih Cloth was prohibited in Scotland -, but. when that was once concluded, the Clothiers from Worcejier, Gloucejlcr, Wilts, SontiTfct, and Dcvonjhire, poured in their Goods fo faiV, and underfold the Scots fo much, as reduced them to a Ncceifity of quitting their Fabricks, for the greatcft Part ; and at this Place to content themfelvcs with Spinning, Dying, and Weaving of another Sort. 17. Invernefs Abounds in Iron, and with it its necertliry Concomitant, large Woods of Fir and Oak J other Parts of the Shire arc very fertile} and at the Town of Invernefs, there arc Manufadures of Linen and Plaids, whofe weekly Market is plentifully lupplied v.'ith Butter, Chcefe, and Goats Milk, though all very bad, and /hame- fully iiafty in their Kinds ; up the River is a very great Salmon Filhery, which, when cured, is embarked at this Town, being conveniently fituated for Trade. 18. Kincardin, This County is fruitful in Corn, Pafturage, and Timber, having above five Millions of Fir Trees, befules vafl; Numbers of many other Kinds, planted in lefs than a Century p.i'l. Pw/ the Rivers and ncighbourint; Seas abound with Fifli 1 and here is Plenty of Coals, for Fuel and Exportation ; at Prejlon Pans, and elfewhere are made great Quantities of Salt. At Linlithgow is a large Manufacture 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 Whitbg here, to the no unall Advantage •f the Place. 4 aa* Nairn, 623 1 j J Il n ■T' '! i;i »f ;.-( f. ■%: llti I: «28 CENERAL COMMERCE OF THE WORLD. I 19. Kerry Has its Mountains generally covered with Wood, and its Vallics cnricln;.! with Corn Fields ; Dingle is the chief Town, well lituated tor Tnidc aivi Navit;.uion on a large Bay of the fame Name, and the weftcrmnoft of any Note in ill the 1. Kingdom, and had, in the above-mentioned Ycai-, appertaining to it, lix Ships, with 288 Tons. 20. Limerick Is a fertile Country and well inhabited, being mountainous towards tlic Weft, and the Reft plain. Limerick, tl\c Capital, is an elc;;ant, rich, and populous City, whofe trade is very confiderable ; for though its Dillancc from the Sea is about fifty Miles, vet Ships of Burthen may come up to the very Walls, and in thealorc- faid Year it had belonging to it feventy-one Veflcls, witli 3443 Tons. 21. Tipperary Towards the South is exceeding fruitful, though the other Parts of it not foj its Produfts furnidi fomething towards Trade, though it has no Place well (ituated for carrying any oii. 22. Wat erf or d, A moft delightful Country, whether confidered in Regard to Riches or Plea. furej and Waterford, the chief City, and the fecond for Bignefs in the Illaml, is very wealthy, populous, and well lituated for Trade, in which it is very coiilidc- rably engaged j and its Exports are as large in Leather, Butter, Gfc. as moll in the Kingdom ; it ftands at a good Diftance from the Sea, yet Ships of a lirge Burthen oiay come up to, and fafely lie at the Key, of which it had of its own, in 1723, 176, with 7554 Tons. 23. Armagh. This County, for Richnefs and Fertility of Soil, is fuppofed to furpafs any in Ireland, though being deftitute of Places of Trade within itfelf, its I'roJud fervcs to fwell the Number of thofe that integrate the Commerce of its better fituated Neighbours ; it is, however, fully employed in tlie manufaduring Linens, which fupply its Want of the exporting Bufinefs. 24. Antrim Is fufficiently fruitful, and is one of the five Counties that arc fully employed or embarked in making Linens : its chief Town Carrickfergus, or Knockfcrgm, is very rich, populous, and a Place of good Trade, being commodioully iitiiated for it on a Bay of the fame Name, with an excellent fine Harbour j to which wc may add BelJ'aJi, about eight Miles diftant, feated at the Mouth of Zr/jtv/- Water, as it is a thriving Town, and daily improving, having three hundred and Icventy Sail of Veflcls, with 9180 Tons, appertaming to it in 1723. 25' Cavan Affords little worth Regard In a Work of this Nature, as theiole Employ of the Inhabitants is fpinning Thread for the Linen Manufactures in other Parts. 26. Down. A very fertile Spot in general, though feme Parts are incumbered with VVoodi and annoyed by Bogs; here 3re fome Towns with a pretty good Trade, lying on Carrickfergus Bay, €£?<-. but the principal Employ of the Natives is the Linen Manu&dtre, carried on to as great a Height in this as in any other County jif the Kingdom. a/. Drnqcl I R E L A tf D. ' a/. Donnegal \i a fine champagne Country, and with many more Havens than any other Diftrift in the Kingdom ; (o that its Situation for Trade naturally encounigcs the Inhabitants to improve and fall more into it, than other Parts deftitute of iimilar Advantages. Kilhbegs had fix Veflels, with 355 Tons, belonging to it fo far back IS the Year, 1723 ; and a large Quantity of Thread is fpun in this County for ma- king Linens in its Neighbourhood. 28. Fermanagh. So like to ^en's-Comty, that one Dcfcription may ferve for both. 29. Londonderry, A County fomething champgne, and very fruitful in Corn, Cattle, Gff, it has fome Places of Trade, though none of fo much Confequence as Londonderry, which in 1723, had fifty-eight Ships, with 2281 Tons, belonging to it, and Colt^ rain thirty-four, with 796 Tons : this is a Part of the Countiy very confiderable for its Linen Manufactures, in which the major Part of the Inhabitants find a full Employ. 30. Lout A Is a County abounding in Forage, and otherwife fufficiently fruitful, car/ying on a very good Trade, from the many Towns it has well feated for commercial Engagements, as Drogbeda, Dundalk, Carlingford, &c. of which the firft had in the aforefaid Year a hundred and eighty-five Veflels, with 471 5 Tons, and Dun- dali two hundred and thirty- two Ships, with 4302 Tons, apperteining to them. 31. Monagban. Only to be mentioned for Method Sake, as it is a Territory covered with Hills, and thefc with Woods, without any Scite or Produdts 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 fufficiently fruitful, though witiiout affording any Thing particular to remark in Re^rd to Trade, except its atcnfive Linen Manufacture, which affords the Natives a very comfortable Support. Fron? the prececding Account of the Shires, may be colleded that the Produfls wd Commodities of /r<'/ through the Hands of the Weaver to that of the Shop-kLcper, :is raw Silks iui' tirftdjed, fpun, and thrown, before they are \no\cii, ami U> Inle tiieir Sp;.rics to become an Englijh Manufadlurcj Cottons pals pretty nt.ir the lame Tran.^fornutioii ; and almod all thefe confumedamongft us. But the principal Hrwith of o ir home Trade, and in which an infinite Number of H.inds are employed, is our Woollen Manufadure, whofe Importance will be demonllr.itc.i, jiy explaining tlic many diflTcrcnt Steps taken towards its Pcrfcdion ; Inr th(nigh on a tranliciit \'icw it fecms fooi and cafily performed, yet the ^/'/'<;r.;/wf, rightly regarded, will be found to be very conliderable, and aimoll equal tu the Manufa».'liiic itklf, as the Materials muft be differently prepared, and pals throui;h fo many IJand; before they come to the Finilhcr, and after him to tlie IraiiLriuan. The Wool and Oil have been already mentioned as the great Principles of the Manufailurc in general, as thefe are brought by aitfertnt Channels to tlwArtifan, and indeed pafs a long V/^ay in the ordinary Channel of Trade, before they meet at the Clothier's Houfe. The beft C 1 fo. this Purpofe comes from CillipoH, and moH af ilw imported V. .' fro' /rfWand Spain, the Quantity of that from Turkey and liarbary being bu'. 'f'?!' I : Plough the principal Fund of this Manufadure is the Protlucc of our owe i. ' Cvj.. > is Wool takes a great many different Turns through many Hands, and ar * -> ^ i Variety of Shapes ; fuffcrs feveral OjK'rations and ChangLs, before it arrive tt the ' »hier's j and in thefe various Alterations, or Mutations of its Species, it may juia be laid to be for fome Time the Employ of different Tradefmen, and thereby confidcrably to augment our home Trade. The Wool is firft taken from the Sheep's Back, either by the Shearer, Farmer, or Fellmonger, and generally fold to the Staplers, who are a confukrabic Set of Tradefmen fcattered over the Kingdom in order to make thefe Purchafcs, and who afterwards convey it to the firft Part of its Manufadlure, by felling it for Combing and Carding. This Operation is fucceeded by the next, that of Spinning ; though previous hereto, an occafional Bi^nch of Bufinels intervenes, I mean tiiat of Car- riage, which is far from being inconfiderable, as none of the Wool is Ijnin where St grows; and thus it muft be forted, oiled, combed, carded, fpun, and otherwifc prepared, before it becomes fit for the Loom, whicli I mention to iliew the Greatnefs of th^ Bufinefsj though the whole muft not be called a home Trade, as itfurnifhes 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 Sa Carriage; the Procefs of the Coal Trade from the Mine to the Conhinur: The Portage of Butter, Chcefe, and all other Commodities, from Place to IM.icc, but more cfpccially of Corn, Malt, and Meal is prodigious ; and tliough this is neither Buying or Selling, Making or Manufadturing, PLmting, or Reaping, yet it muft be recKoned a Part of Trade, as carried on by thole who arc juftly called Tradef- men ; and were it poflible to calculate the immenfe Sums of Money which this Bufinefs annually produces, the Number of Men, Cattle, and Ships that it con- ftantly employs, with the confequentially necelfary Retailors, of Ship-C'arpentcrs, Wheelwrights, &c. my Reader might form fome Idea of the Valliiefs of this Commerce, and the Importance of the People who carry it on. Befides which, our Country furnilhes for home Conlumption, as well as Ex- portation, many Things too tedious to be enumerated in the Limits 1 havepre- fcribed myfelf, fo (hould now commence my Account of our foreign Trade : But as its Advantages to England have been contefted, by Men even of Ciciiius and Partti, and an extended Trade by them denied to be beneficial to us, I lliall endea- vour to prove the contrary, and to remove any Doubt that may ftill remain with fome People about it; though I Ihould have thought the fuccelsful carving it on above two Centuries, Should have rendered this needlels. The Author of /r^/yi and Means has taken Notice of this Propofition, and being more equal to the Tafk of Replying than I can prefume to be, I (hall join his Sentiments to my own on the Subjed, as I think they carry Convidtion with them. The Cavillers againft Commerce feem to do it out of a bigotted Zeal for the landed Intereft, aflertins;, that our own native Produdl is both fufhcient for our Support it hoiQC, and to dcrend ui agaioA our Enemies from abroad ; they imagine, and tiierein Ireland. ' do not err, that our own Soil plentifully fupplies us with the common Wants and NecclTarics for Life, fuchas F'uod or Raiment ; they think, that extra of what weconfumeat home, our Filhery, and the Exportation of our Woollens, Tin, Lead, Leather, &c. may fetch us fuch Goods from abroad, as are of abfolute Ufe i and from thcfe Confiderjtions arc always warm in what regards the Land, but more carclefs and indifferent in the Concerns of Trade, than is confiftcnt with the WclKirc, and perhaps compatible with the Safety of the Kingdom. If the following Particulars are duly confidcrcd and attended to, it will plainly appcir, whether we are able to fubfift by our own native Strength or not ; as firll, it fliould be rtridiy ». amincd what is the real Value of the Fifh we cure, either at home, or in oUr Plantations; and what our Woollen Manufadures, Tin, Lead, Leather, iifc-. may really yield us in the Markets abroad : For though the annual Exportation of thefe Commodities is a certain Wealth to the Nation, yet a Deduction muft be made from the Profits, for the neceflary Import of the Materials for building and rigging of Ships, Spanijh Wool to improve our finer Sort of Drapery, raw Silk, dying Drugs, Salt-petre, Salt for our Filhery, and many other Commotlities, without which frveral of our Manufadtures could not be car- ried on J and befides thefe, our Luxury and Depravity of Manners have introduced among us the Ufe of many Things from abroad, as Wine, Oil, Fruits, Spices, fine Linens, Silks, Jewels, Csff. which it would be dilticult now to pafs without, Cuftom becoming a fecond Nature. It is true, a Reftraint might be laid by fump- tuary Laws, but as tlK'fc have been fo long difcontinued, they arc become almull Strangers to our Conftitution, and could noc be revived -vithout Murm and Repinings ; fo that the Proof uf the Advantages arifmg from Commerc vvos not be ditficult. Or that thcfe Advantages are not to be flighted as imm aerial the national Welfare. I will allow that a rich Soil may not only nourifli its Inhabitants. iU-. nable them with the Overplus to purchafe a little foreign Luxury, provit. .u fh'.y be moderate in their Appetites, and a fmall Share will flitisfy and coiteni leri) ancient Frugality mud be rcftored. Rents be admitted in Kind, an ' Landlords contented to live among their Tenants. I could add much more in Support of the Argument propofed, bu irafl: con- tent myfelf with having offered the few preceding Remarks in its Favour, and fhall now pafs forward to my intended Account of our foreign Trade ; And I begin flrft with France, Of the Commerce between Great-Britain and France. NO cotntilercial Subjeft whatever has undergone fo much inveAigation, lb ftridt a Scrutiny, nor fuch fevere Cenfdres as the trading Intercourle between Trance and Great ^Britain. The Contention lafted upwards of One Hundred and Fifty Years, and has at length terminated in a Treaty of Commerce, an Event no one conunercial Writer would have ventured to predid ; and which the Editor of this Work, alone, prcfumed to advifc as a jwlitical Meafure of the firfl Importance, if praifticable j at the liune Time, thinkingit highly improbable, from the Preju- dices fublifting in both Kingdoms againft each other, and the firm Perfuafion of the Subjeds oi Britain, that no Plan of Commerce beneficial to them could be pro- pofed. On the other Hand, the French Government fhewed no Defire to enter into any Negociation of the Kind, whilft a confiderable clandefline Trade was carried on from their Coafts to ours, in thofe valuable Articles Teas, Wines, Bran- dies Laces and Cambrics, prodigious Quantities of each being iinuggled into Great- Britain and Inland, to the great Detriment of the p'lblic Revenue, and of the Trade and Manufadlures of thefe Kingdoms. But when the wife Meafures adopted by the Britifi Oovernment in lowering the Duties upon the Importation of Teas, and the Regulations refpcifting Wines and Spirits began to take Effeft to fuch a Degree as nearly to fupprefs the chief Branches of this illicit Trade j the Miniftry of France began to think ferioufly of a Treaty of Commerce with Great-Britain. Political Caufes, which we cannot enter into in this Place, likewife , ontributed to change the Syftcm of Commerce for the reci- procal Benefit of both Countries,- a From ^iolation of the mod fujemn Treaties profiuiely made, in the Name of the Holy, BteJJ'eJ and UiuliviJedTtm'i; figned, fcaled and ratified by Chrillian Sovereigns j and declared to ht pcrpetuaL Hitherto the fubfequcnt Treaty has met with a belter Fate, and therefore it a with Pleafure we lay before our Readers an authentic Copy. and thi Treaty o/'Commerce and Navigation between bii Britannic Majejly, , Moji CbriJIian King, Jignedat Verfaillcs, tbe zbt/j of September 1 7i)6. HIS Britannic Majcfty, and his Moll Chriftian Ma eft;/, being equally animatd with the Deiire not only of confolidating the good IT rmony which adually fubiills between them, but alfo of extending the happy T ifcds theret>f to their re f(K-dive Subjedls, have thought that the moll efficacious Means for obtaining thofe Objedls, conformably to the 18th Article of the Treaty of Peace, figncdthe6th oi September 1783, would be to adopt a Syllcm of Commerce on the Bafis of Reci- procity and mutual Convenience j which, by difcontinuing the Prohibitions and prohibitory Duties which have exillcd for almoU a Century between the two Na- tions, might produce the moll folid Advantages on both Sides, to the national Productions and Indullry, and put an End to Contraband Trade, no lefs injurious to the public Revenue, than to that lawful Commerce which is alone intitlcd to Protection ; for this End, their faid Majellies have named for their Commiirarics and Plenipotentiaries, to wit, the King of Great-Britain, JViLam Eden, Efq. Privy Counfellor in Great-Britain and Ireland, Member of the Britijh Parliment, and his Envoy extraordinary and Minifter Plenipotentiary to his Moft Chriftian Majcfty; and the Moll Chriftian King, the Sieur Jofepb Mattbias Gerrard dt Rayncjii!, Knight, Counfellor of State, Knight of the Royal Order oi Charles U\. who, alter having exchanged their refpedtive full Powers, have agreed upon the following Articles. Article L It is agreed and concluded between the Moft Serene and Moll Potent King of Great-Britain, and the Moft Serene and Moft Potent, the Moll Chriftian King, that there Ihall be a reciprocal and entirely pcrfedl Liberty ot Navigation and Commerce between the Subjedts of each Party, in all and every the Kingdoms, States, Provinces, and Territories, fubjedt to their Majcfties in Europe, for all and Angular Kinds of Goods, in thofe Places, upon the Conditions, and in fuch Manner and Form as is fettled and adjufted in the following Articles. Art. II. l*'or the future Security of Commerce and Friendftiip, between the Subjedts of their Cud Majefties, and to the End, that this good Corrdpondence may be prefervcd from all Interruption and Dillurbances ; it is concluded and agreed tiiat if at any Time there Ihould arife any Mifunderftanding, Breach ot I'riciidlbip, and Rupture between tljc Crowns of their Majcfties, which Cod t forbid! G R K A T - n R I T A I N, i?(. f^irbiil! wliith Rupture (liill not l)c dicmai to cxill, until there c.illing or fcnJiii^ Hoiii'-" "f ''"^' rrlj'i-ct.vj Aiiil>.i(r.ul()rs or Mini'lcrs, tho Suhjods of cuii of ihc two I'.irtii-M rcMklinj^ ill the dominions ot tlic otiicr, lliill li;ivc the ['rivik-^c of rcmaiiiin,; •>"'' loiitimiiMn their 'I'r.idc therein, without any Manner of" Didiir- hantc, (o long as they bth.ivc p.Mceihly, and coiiunit no OtVenrc agaiall the I„'.ws and Ordinances j and in Call' thi-ir Conduit (hould rciidei them furpoh-J, unJ the rel'pei'ive Ciovenunents llioiild he chimed to oriler tliein f.) remove, tlie Tmn ot twelve Month', iliall hc.illowed them tor th it Piirpnl:-, in Order th it they ' nviy remove with their I'.tHcts and I'roperty. wIkiIm! eiuiiilhrd to Individuals, crt) the State. At the lame 'I'mic, it is to be underllioil th it tliis Favour is not tube extended to thole wh < iliall aiil contriry to the c(l ihlilhed F.aws. Aur. III. It is liliewiil- .i.Meedaiuiconcliideil that tiic Suhjeit-i in I Iihihitants o'' the Kin','d(;ins, I'rovincc.s, aiul Dominions of their M ijelHes ih'll e.^Luiic no .Adut' lloliility, or Violence again ll each other, either hy Sea or hy Land, or in Kivcrs, Streams, I'ort-i or Havens, under any Colour or I'reten.e wh.'.tibcver, (o ii!>n'ie Snhieills of eitlier Party (hall receive no I'.itent, Commiilion, or In- llaiction lor ariiiin;^' and acting at Sea, a.s Privateers; nor Letter- of Reprifal as the) are called, from any Princes or States, enemies to tlie other i'arty ; nor hy Virtue, f.r under Colour of liuli Putents, CommilVions, or Reprifils, (hill they (lillurb, infell, or any W.iy pnjadicc or damage the afnrefaid Sub|e>;ts and Inliahi- tiiits of the King of (/'nv//"- />■»■//:, ///, or of the Moll Chrilli.ni King; neither ihall tiicy arn Ships in fiich Manner as is ahove ("aid, or go out to Sea therewith. To wliieh Hnd, as otten as it is renuelled by either Party, ftrid .md exprefs Prohibi- tions ihail he renewed and puhliihid in all the Territories, Counties, and Domi- nions oi'tMeh Party wherefoever, that noone (hall in any wife u(c liicii Commidions ur Letters of Reprilal, under the leverclt Punilhment tiiat can be inflii'ted on the Trmilgred'ors, belide^ being liable to make full Rellitutionand Satisfadion to t'.iofc to whom iliey have done any Damage ; neither (Ivall any Letters of Reprifal be here- attcr granted by either of the faid higii contradi'.g Parties, to the Prejudice or Detriment of the Subjcds of the other, except only in fiich Cafe wherein JalHce is denied or del.iyed ; which Denial or Del.iy of JulHce (lull not be regarded as verified, unlefs the Petitions of the Pcrfon, who de(ires the ("aid Letters of Rcpri- iil, be communicated to the Miniftcr redding theie, on tlie Part of the Prince .T^Miiill whole Subjects they arc to be granted, that within the Sp.ice of four Months, or fooner, if it be polhble, he may manifell the Contrary, or procure the Satis- taction which may he jullly due. Art. IV. The Subjedts and Inhabitants of the refpedive Dominions of the two Sovereigns ihidl have Liberty, freely and fecurely, without Licence or I'jliport, general or fjiccial, by Land or by Sea or any other Way, to enter into the Kingdoms, Dominions, Provinces, Countries, Illands, Cities, Villages Towns walled or unwalled, fortified or unfortified. Ports, or Territories whatfocvcr, of cither Sovereign, fituated in Europe, and to return from thence, to remain there, or to p.ifs through the (ame, and therein to buy and purehafe as they pleale, all Things neceiiiiry for their Subliflcnce and Ule, and they fhall mutually be treated with all Kindnel's and Favour. Provided, however, that in, all thele Matters they beha\"c and condudt themlelves conformalily to the Laws and Statutes, and live with each other in a friendly and peaceable Manner, and promote reciprocal Concord by maintaining a mutual and good Underrtanding. Art. V. 'I'he Subjeds of each of their faid Majefties may have Leave and Licence to cohk' with tiieir Ships, as alio with the Merchandizes and Goods on board the flimc, the Trade and Importation whereof are not prohibited by the Laws of either Kingdom, and to enter into the Countries, Dominions. Cities, I'orts, Places, and Rivers of either Party, (ituatcd in Europe, to refort thereto, and to remain and ref.de there, without any Limitation of Time; alfo to hire ilorltb, or to lodge with other Perlons, and to buy all lawful Kinds of Merchan- dizes, where tluy think tit, cither from the firfl IVIaker or Seller, or in any other Manner, whether in the public Market for tlie Sale of Merchandizes, or in Fairs, or wherever fueh Merchandizes are manufadured or fold. They m.iy likcwife depolit and keep in their M ..;.\2incs and VVarchoules, the Merchandize brought from other Parts, ai;d aftcrwarUt, exi)cl"e the fame to bale, without being in any wife obliged, 7 Y unlcls 633 ^#1 ^1 il ■li'Mii'i^' •hj w Ih fsy I , ' 634 Gl-NKRAL COMMF.RCE OFTIIK WORM). iinlcfs willinjily iitui of their own Actonl, to bring the faid Merchandizes to the Marts anil Fairs. Neither arc they to be burthened with any Impjlitionxor Dutiu uii Account of" the faid Freedom of Trade, or for any other t'aiilc whatlDcvcr cvccpt thofc which arc to be paid for their Ships and Merchandizes, onturm.ibly to the Regulations of the prclcnt Treaty, or thofc to which the Suhjeilfs of the two contradling I'arties (hail themdlves be liable. Anil they Ihall have friv Leave to remove ♦'' Mlelvcs, as alfo their Wives, Children and Servants, to!.^ethcr with their Mciv.iandizes, Fro|Krty. ChhmIs, or F'.tVetils, whether bon;;ht or im- ported, wherever they ihill think Ht, out of cither Kingdom, by Land ami by Sea, on the Rivers and frelli Waters, after dikharjjin.^ the ulii d Duties j zm Law, PriviU-jjt, Crant, Inununitics or C'ullonii*, to the contrary ihcrtof in an,- wife notwithfVandini:;. In Matters of Reli^;iun, the SulijeCLs of the two Crow:,, lliall enjoy jtcrfedl l.iberty. They liidl not be lonipcllcd to attcnil divine Scrvici.-, whether in the Churches or clfewhercj but on the contrary, they lli\ll be ncr- mitted, without any Molcllation, to perform the FixcTcius ol their Kdi;;ioii piivatcly in their tiwn Moufcs, and in their own Way. Liberty I hall not be refuftd to bury the Subjects of cither Kingiloin who die in tiie 'I'crritorics of the other, in convenient I'lacc.s to be a|>pointcd for tliat l'ur()ofei nor (lull the Funerals or Sepulchres of the DccealLil be in any wile liiilurbed. '1 Ivj I„iwsa;nl .Statutes of cull Kiirj;doin Ihall remain in full Force and Vii;our, and dull be dulv put into Fxecutioii, w;icther tiiey relate to Lonuncrce and NaviL;atlj:!, ortoanv otlii r ri[;ht, thole Cafe.^ only excepted, concerning which it is otiierv. iiL- dctcnia- iiul in the .Articles of the prefent 'I'reaty. ,'\k r. \'I. I'hc two hi;;li lontracting Parties have thou;rht proixr to fettle the Duties on certain Goods ami Merchandizes, in order to lix inv.iriably the I'ootin" on which the 'Fradc therein lliall Ik: ellablilhed between the two N..tions. In Confequence of which they have agreed upon the following I'arilf, vi'. ill. The Wines uf 1" ranee, imported dirciltly from /'Vj;/.!' ir.:o (iiwit-lhitii.'i, lliall, in no Cafe, pay any higher Duties than thole \\liich the Wines of /':/•- itigitl now p.iy. 'I'iie \\ ines of I'rjtuc, imported directly tVom i'/vwa-into irdiind, lliall pay no higher Duties than thofc which they now pay. za. The \'inegars of i" ;•.;//: v, inllcad of Sixty f,\tn Pounds, Jive Sf'ii'lingi cnJ. A.'viv PiiUi", iiuil tiiikf fiUnlictl ! 'jf ti I'lHity Stcr/i/ig, p.r Tci:, which they now pay, lliall not for the future p.iy in Giiiii-Ilritnin any higher Duties than ■Ttr:] tn'J I'ouHils t'i^/jlii'/! Sbillirgs, and tm Pence, andjixticn iKCHlictbs cj a i'thiiy ktr- /'.v._. , />''■ Ten. 3d. The Brandies of /•>»;/;(:<•, inftciid of AVw SLilUngstindjixPawe, nndt-^ikt tWiiitiid's 'f it Pi'iiiiy Sur/ini;, Ihall for t!ie future", p.iy in Gi\\i;-l:iitj':ii, only iStt'i'/; JUl'i/Iii.'gs p-r Cut!!.::, making four Qi'-Tt-^ i'^iii^lijh Meafure. 4th. Oil of Olives, coming directly from y'V///;:i', Ihall for the future, pay no higher Duties than are now paid for tlr- f.une, from the moll favoured Nations. ^th. Heer lli.ill pay rei iprocally a Duty at' Tl:r/y p-r Cu.-t. ud i'liircm. 6th. The Duties on Hardware, Cutlery, Cabinet-warj and Turnery, ami .ifo all Works, both heavy and light, of lion. Steel, Copper, and L'r.j's, llull b.: clalled ; and tb.e higtiell Duty Ihall not exceed 'Tin per Cent. 4id l'i:lmm. 7th. All Sorts of Cottons manufactured in the Dominions of tlic two Sovereigns inEurop., and ;;lfo Woollens, whether knit or wove, incluuing iloliery, Hull pay, in both Coimtries, an import Duty of -r-uchy ptr CV/?/. ./r Ci-/it. aJ yahnm j aiut if any Article"; iIpII he ulcil thireiii, which aru not ('(wilicii in the Tariff, they (hall pay no higher l)iitie»than thole paid for the fame ArticKs by the moll fa\ourcd Nations. 12th. Porcelain, Earthe;i-\varc, ar.d Tottery, (luill pay reciprcK.dly Twelve fcr Citit. tid l'd)r,m, 13th. Platc-Glais and Ciiafs Ware in General (liall be admitted, on each Side, p-'yinj: a Duty of Tu^'/vt' p.'r (irut. ,ij yiihira. \\h hriiiinnii.- IVIaielly refcrves tiie Kij;ht of countervailing by i-.dditional Duties on the iinder-tiKMitionci Vlerclvitidi/e', ilie intern d l)ut:ts aftii.iily impolVd iinon tlieManuf;\(Jtiires,orthci;npt)rt Duties \vIiic!iarecharL',cd on tlieR uv.Mit;Ti.iUj luiu-lv. on all Linens or Cottons, (Viincdor p>inte(l, it;itc of tiic aforcfud Impolls, (."ulloms, Import, and Kxport Duties, whatever tli.y may be, it is agreed tn.it Tariffs, indicatiiri; the Impjiis, Cull'.nu, and cilahlidicd Duties, lliall be affixed in j>ublick I'laces, as well in Rouen, and the otiier rradi;u; Cities of France, as in 1 vi,kn, and th.e other trading Cities under the Don.iinon of tha King of Great- ritain; that Recourle may bo had to them whenever uny Dif- ference (liall am concerning fuch Impolls, Culloms, and Duties, which (hall not be levied othcrwifc than in Conformity to what is clearly cxprelfcd in the laid Tariffs, and accordi g to their natural Conllrudtion. And if any OtKcer, or other Perfon in his Name, ihall, under any Pretence, puhlickly or privately, diredlly or indiredlly, demand, or take of a IVlerchant, or of any othe I'erfon, any Sum of Money, or any Thing clfc, on account of Duties, Imp'-.cs, Searcii, or Comjicnfation, although it be under the Name of a free Gift, or undc any other Pretence, more or othcrwilu thaii what is ab«vc prcfcnbcd j in fuch CaiL*, the fijJ ! . ■\i\f\ »:|i ll h' r, ! i s n:i luf 636 GFNrRAI, COMMI-RCF. OF THE WOULD. th; faid Odiccr, or liis Doputy, if he be accuffd ;mtl convii.'tcil of tlic fmic lu- lurc u compcfi'iit IiiiIlti., in tlic I'l.icc wliciv tlio C'riiiic w.is i-oiniuittLiI, ilnH give lull baiisLii^tioii to "lie injured I'arty, and llull i'uii'cr tlie I'eiialty [irLlcnbeii by tlie Laws. An r. VIIL No !• lerelwndife exported from the C'lnintries, ref|H;c^ivjly, uniler the Dominion of thei. M.ijellies, (hall hereafter be luhject to he infpc^ti-J or confil'eated, under any Pretence of Fraud or Defect in iiukinj; or workini; them, ur of any other Imperfedtiosis whatfoever ; hut abiulnte I'reedum (lull bo allowed to the Buyer and S:Iler, tu bargain and fix the Friec lor the fame, as tlicy ih'.li Ke CI()o,l ; any Law, Statute, luiict, I'roelaination, I'rivilcgc, Grant, or Ciilbnu to the contrary notw irhlLuiding. Ak r. IX. Whereas fever.d Kind of Merchandizes, whieharc nfually contiinej in (.'.ilks, Ciiells, orotlier Cafes, and for which tlie Duties are paid by \Vcij,'iii, will be e\|"orted frt.m and imported into l-'/wiiV by lU-itijh Subjects ; it is atjrral, that in fuch Cafes, tlic atorelaid Duties ih.iU be iiemaiuied only according tu »li: re.;l \VeJ:;ht of tlie .\b icnanJizes ; and tlie Weight of the L'alUs, Ciiells, anvl other C'aies whatever, tluli be dedudcd in the lame Manner as has been, aiiJ is now praCtifed in yvy/.-'V;/. Alt r. X. It is further agreed, that if any Miftikc or F.rror (hill be com- mitted bvany Mailer of a Ship, his Interpreter or I'avitur, or by any ijtiier IVri'oa employed by him, in making her Lntry or Declaration of her CiTgu, iieitlia the Ship nor the Cargo lliall be lubje'.t, for f.ich Deled, to Conlileation ; but it Hiall be lawful for the Proprietors to take back again Inch Goods as were oniittd ia tile I'jitiy or Declaration ol the Malter of tlie ^hip, paying only liie aeeiiilom&l Duties, according io the I'latart, |)rovided al\v.iys that tliere be no nianildl Appearance of liauu. Neither lliall the Merch..ntj, or the .M.Jkrs of ili:ps, or the Merchandize, be fubjed to any Penalty, by Realon of fucli Uniillioii, in Call" tlu (iixiiL omitted in the Declaration lliall nut h..v.' been landed bclorctiie Declaration has been made. Ak r. XL In Cale citiier of the two high contrading Parties lliall tliinic proper to ellabiilh Prohibitions, or to augment the Impcit Duii'i upon jny Ci'.'uds or Merchandize of the CJrowtli or Manufie'ture of the other, wliieh arc not fpecilie.l in t!ie 'i'aiiff, fuch rioliibition or Augmentations lliall be gc:ii;rai, and tu.'.ll lomprehend the like (ioods and iVlcrchaiidi/^es of the moll favuurrd EurcpiMii Nations, as well as thole of cither State j and in Cale titluT of the twooiiti-.iCting I'arties ihall revoke the Prohibitions, or diininilh the Duiics i.i favour of any > her liuropdin Nation, upon any (ioods or Mercliaiidi,;e of its {■rowth or M.nu.i aduiv, whether on Importation or Lx|>ortaii',)n, lucli llnu- c.ti. .nsor Diminuti'ins lliail be extended to the Subjects of the (;t.nr Party; on C'jiidition that the latter ihall grant to the Subjects of the former, the liu[X)rt.itiuii anil llxportation of the like Goods and Merchandizes under the fame Duties; the Cales relerved in tb.e 6th Article of the prefeat Freaty alwiy^ excepted. Ak 1 . XII. Anil forafmuch as u cert.iin Uf.igc, not authorifed by any Luv, lios formerly obtained in divers Parts of Cinat-lirituin and Fraud; by vvliidi Jri'ful) Subjec1:s have paid in I'.ngLinJ a Kind of Capitation 'I'ax, called, in th: Langua.;e of that Country, I lead-money ; and l'.)i;^lijh Subjects a like Duty in h'ruini, I ailed .lij^iiit i/e Cbff ; it is agreed, that the laid Impoll ihall nut h; demanded for the future, on either Side, neither under the ancient Name, 'nor under any other Name whatltiever. Alt r. XIII. If either of thebi;ili contrading Parties has granted, or Ihall grant any Huunlies fur encouraging the b.xportation ut any Articles, being of the (iru.vih, I'rodiice, or Manutadure of his Dominions, the other Party liiall be allmval t) .idd to the Duties already impofed by Virtue of the piefent Treaty, on the fiiil Cjt.oils and .Merchandize, imported into his Dommioni., fuch an Im|.ort Duty as ib.ill be cipiivalent tu the laid iiouiity. Hut this Stijuil itmn is not toe\tci'l to the Cafes of Kellitutions of Duties Mv\ linpolls, called Drawbucks, vsliitli are ullosvcd ujioii Lxportation. Akt. G R F. A T - B R I T A I N, crV. Art. XIV. The Advantages granted by the prefciit Treaty, to the Siibjcds of his BritiinnU Majefty Ihall take Eftcd, as far as relates to the Kingdom oiGrtat- Britain, as foon as f.aws ihall be pad'cd there, for fccuring to the Subjcds of iiis Moft Chriilian Majefty the reciprocal Enjoyment of the Advantages which .ire glinted to them by the prclent Treaty. And the Advantages granted by all thcfe Articles, except the Tariff, (hall take Rffect, with Regard to the Kingilom ct ItrhinJ, as foon as Laws ll>ali he palled there, for fccuring to the SubjeiJls of his Moft Chriilian Majefty, the nciprocal Enjoyment of the Advantages which are granted to them by this Treaty; and in like Ma.iner, the Advantages granted by the Tariff ihall lake liffcd, in what relates to (hat Kingdom, as loon as Laws Ihall be paflld there, for giving Effeifl to the laid Tariff. Art. XV. It is agreed, that Ships belonging to his Hritannic Majefty 's Sub- ieds, arriving in the Dominions of his Moll Cnrillian Majcfly, from the Ports oiGnat-Hritaifi, or Ireland, or from any other foreign i'ort, Ihill not pay Ireight Duty, or any other like Duty. In the fame Manner h'rtiich Ships iliall Ik; exempted in the Dominions of his Britannic Majefty, frum tiie Duty of live Shillings, and train every other limilar Duty i>r Charge. Art. XVI. It lliall not be lawful tor any foreign Privateers, not being Sub- ietlls of cither Crown, who have Commillions from any other i'rincc or State, in Enmity with either Nation, to arm their Ships in the Ports of either of the faid two Kingdoms, to fell what they have t;tk(;ii, or in any other Manner whatever to exchange the fame; neither ihall they be alKnved even to j)iirchal'e Victuals, except fuch as ftiall be neceliary for their going to the acarcft Port of that Prince from whom they have obtained Coinmiftions. Art. XVII. When any Dilpute rtiall arife between any Commander of a Ship and his Seamen, in the Ports of either Kingdom, concerning Wages due to the faid Seamen, or other civil Caufes whatever, the Magiftrate of the Place fliall require no more from the Perfon accufed, than thai he give to the Accufer a Declaration in Writing, witneft'ed by the Magiftracc, whereby he ihall be bound to anfwer that Matter before a Competent Judge in his own Country; which being done, it ftiall not be lawful for the Seamen to dcfert their Ship, or to hinder the Commander from profecuting his Voyage. It (hall moreover be lawful for the Merchants in the Places of their Abode, or clfewherc, to keep Books of tlieir Accounts and Affairs, as they ftiall fee fit, and to have an Iiitercourfe of Letters, ill fuch Langu.ige and Idiom as they ihall chufe, without any Moleftation or .^wnh whatlbever. Uut if it IhouKl happen to be neceliary for them to produce iitir L'ooks of Accounts for deciding any Difpatc or Controveify, in lUcli Cafe, ilay Ihall Ik obliged to bring into Court the entire Books or Writings, bui lb as !hc Judge may not have Liberty to take Cognizance of any other Articles in the liid IJooks tlian luch as ihall relate to the Aftair in (.Jueftion, or fuch as ihall bcne- riTary to give Credit to the laid Books j neither ihall it be lawful, uiuicr any Pretence, to take the faid Hooks, or Writings forcibly out of the Hands of the Owners, or to retain them, the Call* of Bankruptcy only excepted. Nor ihall the ^ul)jcds of the King of Great-Britain be obliged to write their Accounts, Letters, mother Inftruments relating to Trade on Stampt Pa|x-r, except their D.iy. book, which, that it may be produced as Evidence in ar.y Law-fuit, ought, according to the Laws which all Pcrfons trading in 7'V.wtv aie to oblerve, to be iudorlid and attefted Gn//// by the Judge under his own Hand. Art. XVIII. It is further agreed and concluded, tiiat all Mcich.ints, Com- manders of Ships, and others, ilv; Subjclls of the King of ilr,,it-Bri/,iin, in all the Dominions of his Moft Chriftian Majcliy in Europe, (hall have full L.ibeitv M manage their own Affairs thcmfelves, oi to commit them to the Manai;emint ot whoinlixver they plcife ; nor Ihall they be obliged to employ any Interpreter or Broker, nor to pay them any Salary, uiilels they lliall elude to em}>loy them. Moreover, Mailers of Ships Ihall not be ol)liged in lo.uiing and unlo.idiiig their Ships, to make Ufeof thofe Perfons who may be appointed by public Authi'ity tor that Purpofe, either at Bourdcaux, or ellewhcie; but it Hull be entirely free lur thcnt to load or unload their Ships by themlrlvcs, or to make Uli; uf fuch 7 Z Perlon hi i- ,1 . i ■,. 1 ■' m *!> J .' 1 -, : it ^ ikiilu i 638 GENERAL COMMERCE OF THE WORLD. Pcr(on or Pcrfons in lading or imlading the fame as they (hall tliink fit, without the Payment of any Reward to any otljcr, \vli()mrix;ver ; neither fh ill thcv be forced to iniladc into other Ships, or to receive into their own, any MiTchiiiiii/e whatever, or o wait for their Lading any longer than ihey pleafe. And ill the Suhjcds of the Moft Chriftian Kin^ (kill reciprocally have and enjoy the ume Privileges and t/iberties, in all tnc Dominions of his Britaiiniv Majtfty jn Art. XIX. The Ships of either Party being laden, filling along the Co '.(Is of the other, and being forced by Storm into the Havens or Ports, or nijkir)» Lrtnd there in any other Manner whatever, (lull not be obliged to unlade their Goods or ;;ny Part thereof, or to pay any Duty, unlels tlicy, of their own AccorJ, iinKuie their Coods iIktc, and (ell ibmc Part ihcrcof. IJiit it (hall be l,i\vt\:l, Pcrinillion having been (irll obtained froin thofe who have the Direction of Mari- time Affairs, to unlade and fell a linall Part of their C.irgo, merely for the lind of purchating Ncce(l'aric<, either for vidtualling or refitting the Ship; and in that Call", the whole Lading (hall not be fubjedt to jwy tlit Duties, but tlwt linall Part only, which lliall have been taken out and (old. Art. XX. It (hall be lawful for all the Srbiec'ts of the King o( Gn\zt-llr!tm, and of the Moft C'hridian King, to fail with their Ships, willi pirfe.t Security and Liberty, no Dillindion being made who are Proj>rictors of the .McrchaiiJizis laden thereon, from any Port whatever, to the Countries whidi are now, nr ilnU be hereafter at War with the King of Gri\it-Hrititin, or the Moft Chrilli.ip, Knv'. It ihall likewife be lawful for the aforcfaid Subjeds, to fail and tradick with ihcir Ships and Merchandizes, v. ith the (lime Liberty and Security, from the Countries, Ports, and Places of thc(<: who are enemic» of both, or of citiier Party, without any Oppolition or Diftiirbancc whatlbever, and to pafs dire(ftly not onlv trom the Places of the Enemy aforementioned to neutial Places, but alio (roin one Place belonging to an Enemy, to another Place belonging to an Enemy, whether they be under the Juril'dii^tion of tiK iamc, oroffeveral Princes. And aj it has been ftipulited concerning Ships and CJoods, that every thing (hall he decmetifrec, which (l)all be found on board thrShips belonging to the Subjeifts of the rcl'pec- tivc Kingdoms, althoug;h the whole Lading, or Part thereof, ihould helon.; to the i'.nemies of their MajcAies, contraband Goods being always cxceptcil, ( 11 the top- ping of which, fuch Proceedings (liall be had as are conformable to the Sj-irit ot the following Articles ; it is likewile agreed, that the lame LilxTty he e\teniicd to I'eri()i.s who are on board a free Ship, tc the End that, although they be l!ncmic« to both, or to cither Party, they may not be taken out of fnch free Ships, iinlelii tiny are Soldiers, atlually in the Service of tiie Enemies, and on their Voyage tor the Purpofc of being employed in a military Cai>acity, in their Fleets or Armies. Am. XXI. This Liberty of Navigation and Commerce (hall extend to all Kinds of Merchandize?, excepting thofe only which arc fj^>ecified in the I'ollowing Article, and whiih are defcribcil under the Name of Contraband. Ak r. XXII. L'nder this .N'ame of contraband, or prohibited Goods, (hall be comprelicndcd Arms, Cannon, I larquelnilTcs, Mortars, Petards, Bombs, Gre- nades, Sauci(lt;s, Carcartes, C.irriagcs for Cannon, Mulltct-Reds, Bandoleers, (iu,i-|X)wdcr, Match, Palt-petre, liall. Pikes, Swords, Head-pieces, Melmcti, Ciit!.'.ires, Halberts, Javelins, Holfters, Belts, Horfes, and Harnefs, and all other like Kind of Arms and warlike Implements, fit for the U(c of Troops. Ari'. XX II I. 'rhe('e .Merchandizes which follow (hall not lie reckoned among contraband Goods, that is to fay, all Sorts of Cloth, and all other Manu- factures of Wool, I'lax, Silk, Cotton, or any other Materials, all Kinds ot wearing Apparel, togetluT with the Articles of which they are ufually made, Crold, Silver, coined or uncoined, Tin, Iron, Lead, Copper, Bra("s, C(wls as alio Wheat and Barley, and any other Kind of Corn and Pulfe, Tobacco, and ail Kiiuls of Spices, f dted and finoakcd Ele(h, falted Fi(h, Clieefc and Butter, Ucer, Oils, Wines, Sugar, all Sorts of Salt, and of Provilions which (erve tor Suile- jiance and Pood to Mankind ; alio all Kinds of Cotton, Cordage, Cables, S.iils, Sail-clotli, Hemp, Tallow, Pitch, Tar and Rofin, Anchors, and any Parts ut Anjiois, Ship-maftj, Planks, Timber of all Kinds cf Trees, and all other 6 Tlunj;* ; ■ V;" I m G R E A T - B R I r A I N, yf . 'Iliim;s proper either for biiildirvg or repairing Ships. Nor (liall nny other Goods whatever, whitli have not been worked into the I'onn of any Inftrumcnt, or t'urmnirc for Warlike Ule, by Land or by Sea, be reputed contraband, much It;':- futii as hiv- bc-';» abeady wrought or made up for any otlier Furpofe. All whitli Tiiin};s fhull he deemed CJooils ntit contraband, us likewifc a'l others »vhicl> are not tomprchended and particularly dcfcribed in the preceding Article ; fo th..t they may be freely carried by the Subjeds of both Kingdoms, even to Pliccs: Wonting to an Hncmy, excepting only fuch Places as are beficged, blocked up, or invcrte'. Art. XXIV. To ihe End that all Manner of Diflentions and Quarrels may be avoiiitd and prevented on both Sides, it is agreed, that in CM'r either of their Ma- jtilits llvAild be enf;.igfd in a War, the Ships and VelVels belonging to the Sub- ieiU of the clhcr lliall be furniflied with Sea-letters, or I'alFports, cxprelhng the iN.iue, Froperty, and bulk of the Ship, as alfo the Name and Place of Abode of tlic Mailer or Commander of the faid Sliip, that it may apjiear thereby, that flic iinp realty and truly belongs to the Subjeds of one of the faid Princes j which Pafljwrtb ihall be made out and granted, according to the Form aii.iexed to the prclcDt Treaty ; they ihall likewife be renewed every Year, if the Ship happens to reiurn Ilonvj within the Space (jf u Year. It is alii;* agreed, that fuch Slifps when laden arc to be provided not only with P.illports as above-mentioned, but alfo widi Ci.rtir]c.'.tes cintuining the feveral Particulars of the Cargo, the Place from wheiKc (he Sliip laileil, and wliitlar (he is bound, that fo it may be known w-httbcr (be carries away any of the prohibited or contraband Goods fpecitied in tlic 22d Article of tjiis Treaty; which Certificate (hall be prepared by the Offi- cer of liic Place from wlicnce the Ship (hall fet ful, in the accuilomed Form. And if niiy unc (liall think fit to cxprefs in the faid Certificates the Perlon to wlioDi tl'.e Cvjotis jicloi-.;^;, he may freely ilu fo. An I . XXV. Tlie Ships belonging to the Subjeds and Inhabitants of the re- fpftti\c Kin;;doms, coming to any oi" the Coails of either of them, but without litiii^ willing tu enter into Port, or being entered, yet not willing to land their Cargoes, or to break Hulk, (hall iKJt be obliged to give an Account of their Ladln.,', uiilefs tlicy .ire fufptx^tcd, u^kiu fuie Evidence, of carrying prohibited Ciooiic, calkd contiab.uid, to the Enemies of cither of the two high contrading Parties. Ak r. XWI. l\\ Cafe the Ships bilongijig to the laid Subjcds or Inhabitants of the rtlpei'tive Dominiuns of tlitir n\oA Serene Ma)e(ties, cither on the Coaft, or on the hi^h Sea, (liall meet with any Men of War belonging to their mod vVrtne Majt Aics, or wiih Pri\.tt>crs j the laid Men of War and Privateers, lor preventing any Intonvenienccs, are to remain out of Cannon-Shot, and to fend tlieir Ijoits to the Mevchant-Sliip which may be met with, and (hall enter her 10 the Number ot two or three Men only, to whom the Mailer or Commander ol liicb Ship or \ tliel (hall (hew his PalVport, containing the Proof of the Pro- perty of till' bhip, iiKule out according to the I'orm annexed to this prefent Treaty; mid tht: Ship wliicli (hall have exhibited the (ame, (hall have Liberty to continue her Voy.ige, and it (hall be wholly unlawful any Way to molcft or fearch her, or to chali.' or compel htr to alter her Courfe. Ak r. XXVII. '1 he Merchant Ships belonging to the Subjects of either of the two high contrading Parties, which intend to go to a I'ort at Enmity witli tha uthcr Sovereign, concerning whole Voyage and the Sort of Goods on board, there may be jutl Cau(c of Su(picion, (hall be obliged to exhibit, as well on the High Scis, us in the Ports and Havens, not only her Pad'ports, but alio her Certifi- cates, evprelling ilut the (Joods are not of the Kind which arc contraband, an Ijjctiticd in the 221! Article of this Treaty. Ar r. XXVUI. If, on exhibiting the above-mentioned Certificates, containing a 1. ill of the t argo, the otUet Party ihould dilcovcr any Goods of that Kind vliidi aic decl.ircil contraband, or [irohibited by the zzd Article of this Treaty, "nlwiiith are delignetl lor a Port lubjei t to his Enemies, it ihall be unlawful '" biiak up or ujkh the Hatches, Chells, Calks, li.dis, or other Vcdeis found '•ii hvMil luch blups, or to remove even the ftsKillcll I'arcel of the Goods, whe- ther 639 ^ i I 1 ! f \ ■ • 1 iiji 'in 640 GF.NliRAL COMMllRCK OF THE WORLD. tluM the f.'iil ?)iip belongs to tlic Siibii'd>s of tlie King nf Grv'-lh/fiiin, or of the Mort Clirilli.111 King, iinlcis the L.i iing lie brou^iht on Shc.c, !'i the Pit. iencc of the Otiicers of the Court of Admiralty, ami an Invciito:v muio by than of the fail! GuoJs ; nor ihall it be lawful to fell, cxt j*, . . '' ..i ■ tiic fimc ■ '1 any Manner, unlels pftcr due and lawful Procefs ihait ti.,v? bc-n h id igaiull f'tch prohibited Coodr,, and the Judi>cs of the Admiral)*, rcfjjtivltivtlvdvili, 1' • Scti- tenie pronounced, have confifcated the fune ; laving always ri we;i thi S ;! ;•< ir as theotlicr Goods found therein, which by this T.j.'tv ;irc 10 be iccoun"d Free: neither in.iy they be detained on Pretence of their being mixed witii prohibittil (Joods, much Itfs (hall they be confifcated as lawful Prizt; ; and if, when onlv i'an of the Cargo ihall conlirt of contraband CJtwds, the Malic- of the Ship (hall agree, conlirnr, and tjft'er to deliver them to the Capt(jr who has difcovered them, i;u"ucli Cafe the Captor having received thofe Goods, as lawful Prize, (bill for'liwiili rcleale the t^h-p, and not liiiukr her, by any Means, from prolccuting he. Voy- age to the IMacc of her Deftinativin. Ar r. X\!X. On the contrary it is agreed, that whatever (liall be iound to be laden by the Subjeifls and Inliabitants of either I'.rty, on any Ship delonging to the I'tiemie.- of the other, altliough it be not contraband CJchmIs, ihall be con- fifcated in the fame Mmiicr as if it belonged to the Enemy himlilf ; except thofe CJoods and Merchandizes which were put on board fncli Ship before the De- duration of War, or the general Order for Reprifals, or even after Uich Dccii- ration, if it wen- done witliin the Times following ; that is to fay, if they were put on board Inch Ship in any Port or Place within the the Space of /■u'i .Months after fuch Declaration, or C3rdcr for Reprifals, between ytrihu,>!i_('. Si. I\tfn- iurgb, and the Scilly Illands, and between the faid I (lands and the Ci.y of fw/i. raltiir ; of ten weeks in the Mcditerranam Sea j and of eight Months in any other Country or Place in the World j fo that the Goods of the Subjedts of cither Prince, whether they be contraband or otherwife, which, as ai /refaid, were pat on board any Ship belonging to an Enemy before the War, or ait r the Dcclara- tion of the fame, w ithin the Time and Limits abovemcntioned, (hall no Ways be liable to Confifcation, but (liall well and truly be relloredt witrionl Delay, to tile Proprietors demanding the fame; provided nevcrthelcfst that if t!)e faid Mer- chandizes be contraband, it (hall not be any Ways lawful to ci ay them alter- wards to the Ports belonging to the Enemy. Ar r. XXX. And that more abundant Care may be taken for the Security of the ref}xrtive Subjcc'ts of their Moll Serene Majertics, to prevent their furtlria^' any Injiny by the Men of War or Privateers of either Party, al! rhc Commmders of tlie Ships of the King of Cireitt-liridiin, and of the Moil C h,-itlian King, and .;il their Subjeds ihall be forbid doing any Damage to thofe of tlic (^hcr I'arty, or committing any Outrage againll them ; and if they wiX to tiv, contrary, they (hail be puniihed, anvi 'hall mou\ vtr be bound in their Pcrl'ons and iJhtcs, to make Satisfaiilion and Kepar.ii-.j .".rail Damages, and the Intcrcll thereof, of uhat Nature ky .t. A R f. XXXI, J'or this C vjc, ..,1 Commanders of Privateers, before they receive their Pitcnis or f[H.-cial Commi(rions, (hall hereafter be obliged to give, before ;i comjietent Judge, I'utiicien: Security i>y gocHJ Hail, wlu) arc rcfjxinfible Men, and have no Interell in the (aid Ship, each ol whom (hall be bound in the whole ("i the Sum of fhirty-Jix thoujlind Livra T'^uni'^ii, ot/i//M3 hundred Pound) Stirling ; or it' Inch Ships be proviiled with above one hundred and fi('ty Sciunen and Soldiers, (or the Sum of Ji-venty-two t/joi/Jiind IJvns 'rcinnoi.i, q\- three thoujlind Pounds Utir- ling, that they will make entire SatiafaClion Ibr all Damages and Injuries whatlu- cver, which they, or their Odicers, or others in their Service, may commit during their Cruiw, contrary to the I'enour of this prefent I'leaty, or the Fdicts made in Conleijucnce thereof by their mod Serene Majedies, under Penalty like* and tpeci; Majedies Dominions the Subjeds of each other as favouiably as if they were their own Sul)je<.'ts, will give fiicii Orders as (hall be necedary and effectual, that the Judg- ments and Decrees concerning Prizes in the Court* of Admiralty be iji\ en ton- 5 ' I'ortnabiy wile of having their I'atents, and Ipecial Cummillions revoked and annulled. Art. XX XII. Their faid Maic(tics being uillnig mutually to treat, in their C Ti F. A T r P I T A I N, Wr. , r niM^'y lo the Rules of Jiifti'-c md Equity, and »o the Stipulations of this . . ■ , Hy fudges who are above all Sufpicion ; and who have no ManiKi of iHicrcIl in the Caufe in Difputc. Art. XXXIII. And when the Qjmlity of the Ship, Good.., ,.iid Malk-r li.aU I'ufliciintly appear, from fuch I'alTports and Ctrtilicatcs, it ih.dl not be lawi'I tiirthe C ommandcrs of Men ot Wi;r to exaft any further Proof inder any Pretevt \vh;itl'(K-vcr. Hut if any Merchant Ship (hall not he prf'Vtded with fuch PaA'porf! and Ccrtilic.Ucs, then it may be examined by a proper JMil!j;c, but in fudi Manner ;K, if It be found, from other Proofs and Documents, that it truly beloiigs to the Suliie[>aec oi i'">- ,i)ul iiiif.iy Hours, fnbject to the Payment, by the laid Owner, lit one il:i>(l o\ the \ .due of the Ship retaken, and of its Cargo, (iuns, and Appa id ; vhich third Part lli.ill be amicably adjidkd by the Parties concerned : but iCiiot, and in Cafe they lliould dilagree, they (ball make Application to 'hr Oilicer« of the Admiralty of the Plate wheie the Privateer which reiook the captured \cliel (hall have carried her. if the ship retaken 1 ak been in the Power of the Enemy above /o«r rtW /'B'«!;^((f}' Ilunrs, (he ihall wholly belong to the Privateer which retook her. j ^^ 111 Cale of a Ship being retaken by any Man of War belonging to his Bi'ttiviui, Majelly, or to his Molt Chrillian Majelly, it (hall be reilored to the former Owner, on Payment oi the thirtieth Part of ihc Value of fuch Ship, and ol its l.irgo, (lUns, and Appaiel, if it was retaken within the I'mr iind tucnty Hours ; ml the 'fc;///' Part, it it was retaken after the four and twenty Hours; which Nnin (hall be liidribiiteil as a Rewanl, amongll the Ciews of the Ships which ilull have retai;en fucli Prize. The Valuation of the -Thirtii'ths and Tanh Parts abnvc-mentioneil ihall be fettleil conl'ormably to the Regulations in the Begin- :img of this Art'cle. Art. XXXV. Whenlbever the Ambad'adors of cither of their faid Majefties, (.■other their Miniders h.iving a public Charader, and refiding at the Court of ;hc ether Pri.ice, llall complain of the Iiijullice of tlie Ser.tences whiih have been ;;ivtn, their Majell'-'s (hall reciprocally c.mie the fame to be reviled and re-examined n thvir Councils, uidel's thi.'ir Councils (liould alreaily have decided thereupon, •Ji.'.t it may ap|H.-ai , with (^'ertaiiity, whctlur the Diicviiuns and Provilions pre- iiTibed m this ' ,vaty have been followed and ol)ler\ed. Their Majellies lIuJI iikcwiti; take C. .e that ihi> Matter be etfcdtually pru\iile»l lor, anil that ' dice \x done to cvfry Ci>n\[>lainant wilhm the Space ol' thr<.'i- Months, II ever, kforc or after I udgn lent given, and peiuling the Reviiiijii ijiereof, it <> 1 not bclavvful to lell the \\\ Diljnite, or to unlade thiin, uidcfs wiili tlie Conliint vt the I'erlijns concerneil, for preventing any kind ol Loli j and Law li.di bi: ciuilteil on both Sides lor liie lixecution of the prcleiU Article. Art. XXX\'I. II" any DitTerenccs Ihall arUe relptiitiiig the Legality of Priiiei, iuiiuit a judicial Dec ilion Ihould bctoine netell'ary ; the Judge iha" ilintlt the iJiils to be unladen, an Inventory and Appraiieincnt to be made diereof, and "aurity to be recpiired refpcdlively from the Captor lor paying the Colts, in Caf- till' ^hip Ihould not be dee lared b.'A fid Prize ; and liuiu the Claimant for paying tiic Value ot the Prize \ in Cafe it Ihould be dee laied lawful ; which Securities iKing givcri by both Parlies, the Prize Ihall be delivered up to tlic Claimant. liut 11 the Claimant Ihould lefufe to give fudicient Security, the Judge Ihall direct the I'rize to be delivered to the Captor, after having leeeived fiom, him good and liiliiticnt Security lor j>-ayii)g ll"; lull Value of the laid Prize, iu Cale it (liould be 8 A djudged 641 ■■^iiP'«»i. •■ . ill ! -,.-■ ,\t luA A * :! 1 'i .'k 1 i j » ,- 1. r i ' '■ |!«i { \ m 1 1 t: li !i 1 . hi 641 i;r>.F;^\L commerce of the world. adiuilpcd illegal. Nor (li.ill the Execution dfthc Sentence of the Judge Ix: An. jKMuial hy Rc.ilon or any Apjical, when tlu; I'ariy anainil whom AkI* Appjalllull be hr()Uj;Iu, whtthcr (.'l.iini.iiit or Oaptor, (lull have given futfiticnt Security lui- rertorin^< the Ships or Eflfeiiis, or the Value of inch Ship or Efftds, to the Apixl- lant, iu Cafe (udijinent lliould be I'jiveu in his I'avour. Art. XXXVif. fn Cale any Ships of War or Merchantmen, forced hy Storm. or other Accidents, l>e driven on Rocks or Shelves, on the Coalls of eitiicr ot the hii»h contr.idting Parties, and Ihonld there be dallied to Pieces and (hipwreckal; •ill Inch Parts of the fait! Ships, or of the l"iirniture or Apparel tliereof, as al!(j of the Goods and Merchandizes as fhall be fivcd, or the I'roduce thereof, ihiH be faithfully reftored, upon the fame being claimed by the Pro]irietors, or tlicir Kartors, duly authorifed, paying only the Expenccs incurred in the PiTfervaiiuii tliercof, according to the Rate of S ilvage fettled on both Sides ; faving at tl)c fmie Time, the Rights and C'uftonis of cavh Nation, the Abolition or Modiri- cation of which fliall however be treated upon, in the Cafes wlxrc they llull be contrary to the Stipidations of the prefent /\rticle; and their MaielUes will iiuitually interpnfe their Authority, tint fmh ct their Subjeiiis, as ihall ht li) inhunv.ui as to take Advantage of any fuch Misfortune, may be leverely puiiilhed. Art. XXXVUI. It (hall be frrts. Cities or Towns, or permit any of their Subjedls, Citizens or In'/abitants, on cither I'art to receive or protcft them in their Ports, to haibour them in their Houfes, or to aflift them ia any Manner whatfoevcr; but fi' ther they fliall caufe all fuch Pirates, and Sea- Rovers, and all fuch Perfons v Jio (hall receive, conceal, or allilt them, to bf brought to condign PunilluiuMt, for a Terror and Isxample to others. And ail their Shins, with the CJoods or Merchandizes taken by them, and hruiight into the Ports of cither Kingdom, !< '.! be feized as Jar as they can be dilcovereil, and f';'ll be n llored to the Dwner:., or the Eadors duly authorifed or deputed by tncm in writing, projxrr Evidence being firft given in the Court of Admiralty, for proving the ProjKrty, even in Cafe fuch EHeCls (hould have palled into other J lands by Sale, if it be p-oved that the Buyers knew, or mi;iu hive known, that they had iKcn piratically taken. And generally all Ships and Merchandizes of wha: Nature l;>evt?r, which m.iy be taken on the High Seas, lhall be brought inrr ;:)nir Port of cither Kingdom, and dclivcreil into the Cullody of the Otiiecrs of that Port, thrt tbcy may be rcllorcd entire to the true Proprietor, as loon as due and futlicient Proof iludl have been made c(;iKcrning tlio Property thereof. Art. XI-. It liiall be l.iwful, as well {y^r the Ships ol \Var of tl;eir M.iicllier, as for Privateers belonging to their Subjeds, to cany wliiiherfoever tiiey plwlf, tlic Sliips and Cloods taken I'roin their l^icmies, without being oblijjed to p.iv iTiy Fee to the Olhcers of the Admiralty, or to any Judges wh.ucver; nor (hill the laid Prizes, when they arrive and enter the I'orts of their laid Mijeltics, be i*?'.'aired or feized ; neither ih dl the Searchers, or other Officers of tiiotc I'iaccs, Vjiit t r take Cognizance of the Validity of fuch Prizes ; but they lliall be at Lilxiiy to hoill Sail at any Time, to depart, and to carry their Prizes to the I'l.'.c ni> itioned in the CommiHions or Patents, which the Commanders ot lueh bhips of War rtiall be obliged to lliew : on the Contrary, no Shelter or Refuge n-.a!! bc^Kcn in their I'orts to fuch as have made Prize upon the Subjcds ol I iiiicr ol their iViajefties j but if forced by Strels of Weather, or the Uani^er of t)>;; Sea, to enter therein, particular Care fliall be taken to hallen their Uep.uture, a.: ' to caule them to retire from thence as lixin as polTiblo, as f.ir as it ib not re- pugnant tj former Treaties made in tliis Rcfpcv xin as poll iiX \sitii o ther Sovereigns or States. Art. G U V. A T-R R I T A I K, Uc. Ain . XI. I. Ki itliLT oK tluir f.iiil M.ijclliLS l]i;vll permit the Ships or CooJo h-loii -in:!; ^^ t'lc Suhjei-'ls ol' the oilier, to be t.ikcii within Cannon bhot ot the CwiiVs, or in tltc IVits ot Rivcis cn the Dominions hy Sliips of War, or others hivin? (\)!iiiMiirion tiurn any I'rince, RcpubUc, or City whatffX'ver, but in Ca/e It llioiilil Ik h'pp.n, both Parties ihall employ their united I'orcc to obtain Rqxir.'.tion ol llw Damage thereby octnlioned. A(!T. XLII. Rut it it ihall appear that the Captor made Ufc cf any Kind of Torture upon the M;illir ot tlis Sliip, the Crew, or others wlio (hall be on board any Ship bclon^in;.; to the Subjects of the other Party, in fuch Cafe, not only tluiihip i'f^l*> t'.\:;ethcr with the I'erfons, Merchandizes, and Goods whatfoever, lluil be forthwith releulld, wiihout any Delay, and fet entirely free, but alfo fuch as rtull be convicted of fo enormoub a Crime, to'^cther with their Aecomplices, Ihall futtlr the moil ftvcrc I'unilhment fuitable to their OlFences, this tlie King viGiwi-Briuii/t, and the Mofl Chrillian King, mutually engage lliail be obfervcd, without any Refped ot' I'erfons whatf(x:vcr. AttT. XMII. Their Majeftics ihall refpc(flively be at Liberty, for tiic Ad- vantage of their Subject-! trading to the Kingdoms and Dominions of cither of thcni, to appoint therein national Conluls, who ihall enjoy the Right, Iin- iviunitv. and Liberty, bclonr^ing to them, by Realbn of their Duties and theii* Fundion: ; and Places iliall hereafter be agreed upon, where the laid Conluls Ihall be ellablifhcd, as well as the Nature and Extent of their Functions. The Convention relative to this Point Ihall be ftineluded immediately after the Sig- nature uf the prcl'eni Treaty, of which it Ihall be deemed to conftitute a Part. Art. XLlV. It is alio agreed, that in whatever relates to the lading and un- lading cf Ships ; the Safety of Men. ban. ii/e, Cioods and Eifcdls, the Sucteirion to perlonal Lftatcs, as well as the ProtiCtion of Individuals, and their perfonal Liberty, as alio the Adminiltration of Juilicc, the Subjeds of the two high contracting Parties, Ihall enjoy in their reljiedtive Domiiiions, the fame Privileges, Liberties, and Rights, as the moil favoured Nations. Ar I . XLV. If hereafter it llull hapjx-n through Inadvertency, or othcrwifc, that any Infn'.dion or Contraventions of the prcfent Treaty ihould be committed oil eilher Siile, the l'rii:nd(hip and gooil Lnderiranding ihall not immediately thereupon be interrujUed j but this Ircaty ihall fublift in all its Force, and proper Remedies ili.dl be procured for removing the Inconveniences, as likewife for the Reparaliori of tlie Contraventions ; and if the Subjedts of either Kingdom ihall be found guilty thereof, they only Hiall be pur hed and feverely challifed. Art. XLV I. His Brittinnic jMajclly and his moll Chrillian Majcfty have rcferved the Ri^ht of reviling and le-examining the l(;veral Stipulations of this Treaty, after the Term of tun'-vr Ye.us, to be computed from the Day of palTing Laws for its E.\ccution in Girat-I^riiain and Ireland rcfpcdtively ; to propolc and make fuch Alterations as the Times and Circumftances may have rendered proper or necelTary for the commercial Intertlls of their refpcdivc Subjedls : and this Revillon is to b.- completed in the Space of /ur/i^t- Months ; after which Term the prefent 'I'reaty ihall l»c of no EfFcdt, but in that Event, the good Har- mony and hieiidly Correlpondencc between the two Nations (hall not fuflrr the Icall Diminution. Art. XLVII. The prefent Treaty Hull be ratified and confirmed by his Bru'iiiiriic- Majefty, and by his Moil Chrillian Majcfty, in two Months, or fooner, if it can be done, after the Exchange of Signatures between the Plenipotenti- aries. In W'ltnefs whereof, we the undcr-figned CommilTaries and Plenipotentiaries of the King of (irraC-Br'-tiiin, and the Moll Chriftiaii King, have ligncd the prefent Treaty with our Hands, and have let thereto the Seals of oiTr Arms. Done at VcrJ'ailUi, x\vizb^Qi September, 1786. W. Eden. (L. S.) drard di llaytmal. [L. S.) '+i •'Hi !i ;f Form Ill I'Ui 'tf Gl.Ni:UAl- COMMF.RCr, OF 1 11 !•. WORLD. Form c,'' //'i- Passports and Si;a-Lktters which arc to k vj-iWi,\l I,, t'. trJpcSlive yltlwirallus of tbf Dominions of the two high contratUn? I'ltrini n thf Ships and Fijjeh failing from thcncf, purfuant to tbe 7.\tb /Irticle of tie prd,'i,; Treaty. N. N. To all who (liall fee thelc Prcicnt*, (in.-tiw.^, Dc it known tbt wc have i[»rantcd Liccnft: ami IVrmililon to A', cit llu- dry or I'l.icc o\ .\. Mafi ■ cr Commander of the Ship N. bclonginy to A^ of the Port of A', burthen Tons, or thereabouts, now lying in the- Port or I laven of A', to fail to A'. lad.,, with A^ the faid Sliip haxing been exainiiuil belmc their IVputuu-, in tin- ii|i,.| Manner, by the Officers of the Place appointed tor th it l'in|H>li'. .XimI tli;. i;,; A', or <"ch other Perfon a- (hall happen to fiiccecd him, liiall proitmetlub l.iai.k in every Port or Haven which he may enter with hi- Ship, to the Olliccrs of tin- Place, and ihall give a true Account to them of what lliall have jiilILd or !ia' - pcncd durin:; lii^ Vo}age; and he lliall carry the Coloiii -, Amis, ami l'.i:ii.'!i> ,,| A', dnring hi?. N'oyagc. In VVitnel!, whereof, wc have figned thefc Prcfents, ami kt the .'■eal or' cur Arms thereto, and caulcd the fame to be counterfigncd by A', at !).,' y in the V'car, &c. &c. No Pcrfon conveifant in mercantile Affairs can poflibly read tlic forc.;(;i,i:; prolix Treaty, without prcfaging what mull ti'llow ; many of the Articles Ixrin.; ilrawn up, in vague, and indefinite 'Perms, requiring Explanation and Lonmicnts ; r.ccordingly, it had not l>ecn long ratified and confirmed by the rclpcctivc ;Miverti;»ih, and by Laws enaded in (iinit-lirittiin and Irelmtd, tor the Purpofc of carryiiii; it into eftedual Kxecution, before Complaints, Difagreements, and even ojkii Difgull expretVed by fomc of the trading Cities of l-'raiue, particularly Roua., where it was tirll publilhed, threatened its total Overthrow; happily howcii:, by the gooil Conduct of the Miniilers at the Meadof thecommeicial l>epartn;int i)f both Nations, an Kxplanation took Place, the following \ear, in the luri;; of a Convention ; Copy of which is hereunto annexed. COKf'ENTION h'!ii'ii-n bis Britannic Majejiy and the Mojl Cbrijlijn Kii:^, fip/J on the following Articles. Ap. r. L Their Maicfties having (lipulated in the 6th Article of the faid Treaty, "that the Duties on Hard-ware, Cutlery, Cabinet-ware, and I'urncry; amldi .dl other Works, both heavy and light, of Iron, Steel, Copper md Hrals, (lull be clalVed; and that the highell IJuty fhall not exceed Ten per Cent, ad ralorem," It is agreed that Cabinet-ware, and Turnery, and every Thing that is included under thofe Denoiniiations, as alfo Mulical Intlrumcnts, (iiall pay Ten per Cent, e.i yahrem. All Articles made of Iron or Steel, pure or mixed, or worked or mounted witli other Subllances, not exceeding in Value, fixty Lr^^res Tournois, or filty Shillin;;^ />fr (.Quintal, Ihall pay on\y Five per Cent, ad Falorem ; and all other Wares a. A Buttons hsmI n u F. A T - n R I T A I N, y,-. B ittnns niukles, Knives, Stillars, and all the tlirterciit Articles included under tlic Dcilriptioii of Il.inlw.iic ami Cutlery, as alfo all othuT Works of Iron, Steel, CopiHT, and Hral's, |nnv or inixcd, or worked or mounted with other SubAances, fl\.ill ]nv "Tt"! p:'r Cent, ad Fuhn-rn. IfcitiKT of the two Sovereigns lliouid tliiiik proper to admit the faid Articles; or on!v fomc of them, frcm ;'.ny other Nation, ny Rcafon of their Utility, at. a lower buty, the Suhjcds ol" the other Sovereign (lull be allowed to participate in Inch Diininiition, in order that no foreign Nation may enjoy in this Rcfpeft, jinv PrefereiK e to their Diliulvantage. The Works of Iron, Stcxl, Copper, and Brafs above mentioned, arc not to h' iKuIerrtood to extend to H.ir Iron, or Pig Iron, or in general, to any Kind of Iron, Sti.vl, Copper, or Brafs, in the State of the raw Material. Apr. II. Their M-ijcfties having alfo ftipulated in the 6th Article, "that for the better feciiring the due Colleiitlon of tlie Duties payable ad Valorem, which 5-j If ecified in the Tarift", they will concert with each other the Form of the 1/cil.ir.itions to Ik made, and the pro|H:r Means of preventing Fraud, with Ref- jx.;! to the real Value of the Cloods and Merchandizes :" It is agreed that each Dal.iration ihill be given in Writing, figned by the Merchant, Owner, or Fador «!;j ai'.fwers for the Merch.nidizes at their Entry, which Declaration fhall con- Mjii ,1:1 evadt Lift of ilie faid Merchandizes, and of their Packages, of the Marks, Numbers aiul Cyphers, and of the Contents of caLl> Bale or Cafe, and ftiall cer- tify that they arc of the Growth, Produce, or Manut'ac^urc of the Kingdom from whence they are ini|)ortcd, and (hall dfo exprefs the true ;'nd real Value of the faid Merchandizes, in order th.it the Duties may be paid in t 01 ucijucnce thereof. That the Orlicerr of tiie Ciiftoni I loufc where the Declaration may be made, iluil heat Liberty to make fucjj Examination as they (hall ihink proper of tlie fml Merih.uuii/es, u^wn their being landed, not only for the Purpolc of verifying the Fadts alledged in the faid Declaration, that the Merchandizes arc of the Pro- liuce of the Country therein mentioned, and that the Statement of their Value and (i^ir,uitity is exadt, but alfo that of preventing the clandcrtinc Introduiflion of otlier Merchandizes in the fame Bales or Cafes : provided neverthelefs that fiiih Lxanuiiatioiis ihall be made with every polliblc Attention to the Convenience i)\ tile Tr.iiitis, and to fbe Prclervation of the faid Merchandizes. Ill Ciic ilio OiHccrs of the Cuftoms (hould not be fatisfied with the Valu- ation nraiie of the Merchandizes in the faid Declaration, they (hall be at Liberty, with the Conknt of the principal Oriiccr of the Culloms of the Port, or of fuch (ither (Ifiicer as ihall be appointed for thai Purpofe, to tak<^ the faid Merchandizes atfording to the Valuation made by the Declaration, allowing to the Merchant 0, Owner an Overplus u( Tin pfr Cent, and refunding to him the Duties he may have paid ior the faid Merchandizes. In which Cafe, the whole Amount lliall he paid without Delay, by the Cullom Houl'e of the Port, if the Value of the Kltcds in fi^ieflion i\u\\ not ^\c<:cd Four hundred and ei^i^bty Livres Tournois, or 'heenty Pounds Sterling ; and within h'ijiecn Days at lateft, if their Value ihall cueed tii.it Sum. And it Doubts Hiould happen to arife, either rcfpedting the Value of fuch Mcrcliandizcs, or the Country of which they are the Produce, the Officers of the C'utlonis at the Port, ihall come to a Determination thereupon, with all podlblc I)ifp.\t>.li; and no greater Space of Time (hall be employed for that Purjxjfe, in any C.ile, tiian eight D.iys, in the Ports wiiere the Officers who have the princi- p.il Diredion of the Cuftoms rcfide, and Fifteen Days in a.'iy other Port what- ioevcr. It is fnppfed and undcrflood that tlK Merchandizes admitted by the prefent Treaty, Hull be rei'iKiitivjly of the Growth, Produce, or Manufadiire of the Dominions of the two Soveieigns in Europe. To ubligc tile Traders to be accurate in the Declarations required by the pre- fect Article, as alfo to prevent any Doubt that might arilo on that Part of the loth Artitic of the faidTre.uy, which provides, " tliat if any of the Eftedts are omitted II. the Declaration delivered by the Mifter of the Ship, they (hall not be liable tuConlilcatioij. unlcfs therebea manifeft Appearance of Fraud " it is un ierftood, •6 B that 64; l| if «l !■•■! '1 ill ''1 ■ ■•11 m 1.1 I: 646 CENF.RAL COMMF.liCl, OF TIIF. WOULD. that in Aiili Cif:, the CM MTcilVs fh.ill he ronfiil'U'd, imlcis fatisr.iitory Pcocf \yr ;^ivcn to the Otlicxr . of the CulVoiiv:, tlut thii j w.is not any Intention if I'nuiil. Aki'. in. In onUr to prevent the Ii;tro;liidlum of C'.illicocs m.uui!'.Jii'c,l in the F.ii/l Indies, or in other Countries, as if they hul been manui'.i 'lured m the ri ("iifi^ive noininiiMis of the twn Sovereigns in /v/r /•,• ; it i, af^rceil that I'l; C';illi(ocs m.iniil".iduraJ in tlse fiiJ Dominions for I'ixport.itlon fnvn oi.e Coimt y to the other refpci'tivcly, ihil) h.ivc at the two FmiJ'- of r,\eh I'lae, j p.irtiiulir j^f./r.i- \V(;ven in tlie i'ieee, to be 1, ttliil in Concert by the two (Jovcrnnitnt; j of ^vhieh M:irk the rcf[H.'iJtivc Clovernmcnt; (hill give nine Months' previous Notiic to tlie MiinufufUirers, and tlic f.ii ! Mark (lull be .liten d from Time to Time, is tile iS.xk' may reijuire. It is further agreed, th.it until the fiid Prcc.uitioi) i ■( be jHit in b.x'ccution, the f;id C.dlicoes mutually exported (hall be accomainiel by a Certificate of the Oiiit crs of the Cuflonis, or of fui.h other Ollieer as (hill be appointed for that Purpole, declaring that they were fabricated in the Coinury from whence they were exported, and alio l'' \t the; an' furnillu I wit!i the Marks already prclcribed in the refpettive Countrie;., to diUinguidi luch Callicoes (rout tho(e which come from (ither Cmnitries. Art. IV. In fettli'v> the Duties upon Cambriiki and Lawns, it is undcriWxl that the Breadth (hould not cxccevi (or the Camhricks, /i'li/z-c/jA'ti dI" a Yard, F.nglijh Meafure, about three (^larters of an Idl of FrancL', and fjr t!ie lawns one Yard and a (Quarter, /iwj////; Meadire, one bdl of iV./wr/; and if any hcreil'tcr Hvall be made of a gav.ter Hreadth than wlvat ii above mentioned, they (lull pjy a Duty of •Tcnfer i'.fiit. ijd J'tthrem. Ar r. V. It is alio agreed that the Stipulations in the iRth Article nf the Treaty (hall not be condrued to derogate from the I'rivelc ;.■•;, Regulation,, anJ Ufages alreaily e(labli(hed in the Cities or Ports of the rel])ective Dominions of the two Sovereigns; and further, that the 15th Article of the faid Treaty ihjjl be conrtrued to relate only to Ships (u("pe<^ted of carrying, in Time of War, to the Kncmies of cither of the hi:di coiitr.iding Parties, any prohibited Artiik>, denominated coniraband ; and the laid Article is not to hinder the Exaniiii.itions wf the Orticers of the Cuftoms, for the Purpofe of preventing illicit Tiv.Jc i.i the rdpedive Dominions. Aui. \'I. Their MajefUcs having flipulated by t!ie 43d Article of tlic ("liJ Treaty, that the Nature and Extent of the FunetKiis of the Con(u!s (liouid be determitied, " and that a Convention relitivc to tlds Point (hould he co.ultidcd immediately after tlie Signature of the prefent Treaty, of which it (houU be deemed to conditvitea Part, " It is agreeil that the faid idterior Convention ilull be I'ettted within the Space of two Alouths ; and that, in the mean Tiine, the Confuls-Cieneral, ConUus, and \"ice-Confuls (liall conform to the I'liiges whiih are now oblerved, relative to the ConluKhip, in tlie refpedlivc Dominions of the two Sovereigns ; and that they (hall enjoy all the Privelegcs, Rights and Immu- nities l>el6nging to their 0(rKe, and which arc allowed to the Confiils-G'ciijral, Confuis, and \'ice ConYuls of the moft favoured Nations. Art. VII. It (hall be lawful for the Subjeds of his Britannic MajcAy to protecute their Debtors in France, for the Recovery of Debts tontraited in the Dominions of bis fiid Majcfty, or ellewherc, in F.uropc, and there to bring Anions againll them, iti Conformity to the Pradticeof Law in ufe, in the Kingdom ; prcvidcJ that there Hiall be the like Ulage in Favour of French Subjects, in the Luropitin Dominions of his Brilannic Majelty. Art. VIII. The Articles of the prefent Convention fliall be ratilie-d and con- firnied by his Hritannic Majerty, and by his Moll Chriilian Majeily, in one Month, or fooner, if it can be done, alter the Exchange of Signatures between the Plenipotentiaries. In Witneis whereof, wc the Minifters Plenipotentiary have figned the prcl'cnt Convention, and have cauled the Seals of our Anns to be fet thereto. Done at /W<>///wtlic 15th January 1787. IV. Eden. (L. S.) Cravicr Je Ferger,nes.{L» &') G K I'. A T-R R I T A I N, t'r. In Cor.fiinnity fn the Ai.l Trcify and Ci)iivi-!uion, the ]\ri'i(l) P.irIume:U pnfTiJ an Atlt tor conlbliJuliV; t;:rt.'.i.i DutivS of Imp.)tf, piyiMc ;it the t'lilloin- hrjlV. m !cr various Dcnoi'iiii.itions of OH ami N-.v SiilMiiiics, G?f. Cifi-. t'l'. y^'"' •'''" "'"^ liinnlc l\.itc, oitl'.cr hy the I'kiv, hy VVd),'ht, or ad I'nlo- reia; wh'ih Rr;iil.itii)ns will he j^iven iiruler the Held of Cis ro.vts, rc- Icrvnl, i:i this F.ditioii, for the l.iiV Artielc, that every, tlie mod recent, Regu- h'ii-n m.'idc- hy i'arlininent or the Minidry, to tlic very Moment of fetidiiu; the tnil Sli'jcts tu the I'rel's, may, for the lleatfitof uurMei\Iiii)ts, and Traders, he included. Of the Commerce iclwriti Great-Britain arjJ Holland. T Am now j^oinj; to ojicn a very heneficlal Branch of Commerce, and dial! take \ tlie f.itne MethoiJ to iiivcllii',.ite tlie Advantajjcs or Difadvant.iges arifinL; from it, ;is I Ivive done with the preceding ; not knowing of any truer Method for dif- iDvcrinj,' tliem, th.m whit the Ciiftom-hoiifc Entries artord, which havj hitherto kc!\ my CJuide thr()ii;^h this intricate Maze of Uiifinefs ; though I llull not here purticul.'.rize the different Articles as I did in the foregoing. Before the D'ltch War; viz, from f ftchnclmas 1662 to Mkliuhmu 166;, our lmiH)rt> from Hillmd exceeded oar Kxports there 386,160/. 4/. and from 166S to 1669 tlie Balance in our Disfavour was again 52^,636/. \s. And I do not find any .\ecount how Matters Hood hetwccnus from 1669 to i6';6; hut from C'/'r/V/- «,« 1679, to tiie fame Time in 1704, the Eftimate of Exports exc-vdedour Imports hy 7,6iH,668/. or. 21/. \ . From which Accounts may he ohl'erved, that in the Years 166', and 166'), our Dealings with the States were inconlider.ihk- to what they were after th.e l!c;;inning of the firll War, and have continued to he ever fmce, as well in Nuinher and Variety of Commodities, as in the Value. I'or in the firll Vers ahovc-mcntioned, our Exports thither were confined to otily forty-five Articles of rated Cioods, whereas in the laft ^'ear, viz. 1704, tliey were inercalal to at le.\fl: a luimhcd and twenty or a hunilred and thirty; and fo proportionably ill t'lole p.iyi.ig I'll Viihrcm, without reckoning the Out-Ports, whofe Ciilloms, Dr. l)ii\,ihvi> fiys, hear Proportion to thofe t)f LinJjn, as 1,268,095/. is to ^4A,o8i/. whieij would add lo the ahove Account near two Millions more for tlic five Vcars ; and the faid Cientleman, (till bringing the Calculation Ifver, i/.-:, Irom i6(;8 to 170^, remarks, that the Exc;.ls on our Side has been fomc N'ears a Million and a ll.df, but hy a Medium taken of thcfe leven Years 1,388,102/. b.i, 8(/. |. /''■'■ y1i:>ium, which, according to the common Notion ol thefe Things, is fo much Money got cle-ar of the Nation. Hut the Doi^tor dilleiits from "lis too gener.dly received Opinion, and hippofes that nothing can be more falla- vious than to com. hide, that bec.tiile a Country takes off more of our Commo- dities than we do of their's, that our Dealings with that Country arc ab>s ays beneficial to us, though prejudicial to them, and that when this happens, there isaconflant Supcrlucration on our iside ; but his Obfcrvation is with this Rc- flriction, that our (Joods thus exported ferve for the Tranfprtation Trade to thofe who take them from us, and not for a Support of luxury and \'oluptuoul- nds. For he grant;, as every one mull, that if they are confumcd where they are fird carried, they mud prove a dead Lofs to their new Proprietors; the hutch arc in the firll Cafe, where our Produds and Manufactures, Plantation and ¥.iill-India (joods, furnilh Materials for a great Part of their Trade with other !< .tions, by which they are fo far from being Sufferers, that, on the contrary, tli'j more they take from us, the more they enlarge their univerfil TratHck, and lonlequently eiicreale their Riches ; and ixtrii of thefe Reafons, it would be M\.m\ to imagine, that if Holland was lb great a Loler yearly as tlit Palancc of I'mJe amounted to, that they either would, or indeed could continue it, as they hive for fc long done ; nay, it tliey were in any Shaiie Sufferers by it, they are too politick a Nation to proceed in a bad Courle ; for tliis wouUl be a glaring In- Pinccof an Imprudence which that circumlped People are never guilty of; the cuatrary is tlierefbre apparent, and their Motives for continuing tlie Tr.ide pro- ceed from the Advantages tliey reap by it. 6 But 647 S\y '2"^ I » :-:' \ ■'• < ; J''- ■■■M ' Mi: Ij!:' IMAGE EVALUATION TEST TARGET (MT-3) .v .v^ :/. 1.0 I.I 11.25 ■ 30 ^^" ■2.5 ■■■ 2.2 *■ I- ■UUu 1.4 Hiotographic Sciences Corporation \ ^ •sj fv 0^ ^ 6^ 23 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 872-4503 64.8 GENERAL COMMERCE OF THE WORLb. But Sir William Temple's Sentiments on this Subjedt are fo finely exprefled, in his Obfcrvations upon the UriileJ Provinces, P. 231 . Cap. 6. of the 5th Edition, that I could not paf? them by without tranfcribing : " The vul^jar Miftake, I'lys he, " 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 thit " gives himfelf leilure to think mud immediitely redtify, 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 balance that of the Importation " muft of NeccfTity be made up with ready Money. " By this we find out the Foundation of the Riches of Holland, as of their Trade " by the Circumftances already rehearfcd. For never any Country traded fo much " and confumed fo little; they buy infinitely, but it is to fell again, cither upon Im- " prnvcmeiit of the Commodity, or at a better Market. They are the great Mafters " of the Indian Spices, and of the Perjian Silks ; but wear plain Woollen, and feed " upon their own FiHi and Roots. Nay they fell the fineftof their own Cloth to " Prance, and buy coarfe out of England for their o\vn Wear. They fend abroad " the beft of their own Hutter into all Parts, and buy the cheapcft out of Ireland " or the North of England, for their own Ufe. In fine, they furnilli infinite " Luxuiy, v.'hich they never praftifcj and Traftick in PlcalUrcs, thev never " tafte." The principal Art;?'"s of our Exports to Hollandzrt, Woollens of feveral Sorts, Lead, wrought Brafs and Iron, Melafles, Cotton, Printed Linens, Quickfiiver, wrought Silk, Butter, Morkins, Rice, Copperas, Allum, Pimento, Tin, Tobacco, Sugars, Gold and Silver Coin and Bullion, Drugs, and Eajl-India Goods j be- fides which, our fmaller E.xports are Skins, Woods, Leather, Glue, Wool, wrought Plate, Gloves, Hats of feveral Sorts, Watches, Earthen-Ware, Garters, Bellows, Cheefe, Catlings, Lantern Leaves, Rape Cakes, Haberdafliery, Scots Pearls, Pewter, Elephants' Teeth, Glafs, &c. And the principal Imports from thence are Linens, Silks, Threads, Spicery, Incles, Battery, Stockfifh, Whale- Fins, Madder, Hemp, Flax, Rhenifli Wine, Safflower, Paper, Bugles, and Iron Wire. The leffer Imports are Snuff, Wainfcot, Rujia Mats, Smalts, Argol, Seeds, Packthread, Metal prepared, Steel, Spa- Water, Wine, C^uilts, Hair of feveral Sorts, broken Gla/s, Stone Pots, Bulruflies, Brick-ftones, Terras, Quern- ftones, Tvvift, Indigo, Verdigris, Weed Afhes, Cinnabar, Spelter, Oker, Pencils, Geneva Hones, Iron, Plates, &c. all which we fuffer to be imported and con- fumed amongft us for the fame Rcafons that we prohibit the Merchandize of France, viz. becaufe thefe latter take fo little from us, whilft the Dutch, by the large Extractions they make, pay much more to the Rents of our Lands and the Labour of our People, than we do to their's. And it is certain, that the United Provinces are the greateft of all our foreign Markets ; and the moft likely to con- tinue fo ; as the Produdls of their Country are not any Thing near fullicient to feed or clothe their Inhabitants ) fo that it is not in the Power of Induftry or Art to free them from a Dependance for both on their Neighbours ; whilft thofe Princes, who govern a more extended Country, may, as moft of them do, daily improve in Growths end Manufadtures. It is true, France has for fomc Years paft interfered with us in this Trade, though I believe very little to our Prejudice} and I think it may be efteemcd on as good a Footing now, as it was when the Calculations I have quoted were made j and muft remain fo, at leaft in general, as many of the principal Goods which conftitute that Branch of Commerce can only be fupplied by us, and fome of them are as much demanded for France as ihcy ZKiot Iblland. ,, . . .■ > , . • .. 0/ GREAT-BRITAIN, Qc. Of tht Trade Ldwecn Great- Britain and Germany. OUR. Commerce with tliis Country will appear to be but little when its Vaft Extent and Populoufnefs areconfidered; as Dr. Davenant mokes the Medium of a fcvcn Years' Dealing with it, viz. from Chrijlmas 1698 to 1705, to be in Exports 838,791/. and Imports (ijj,^z\l, per Ann. though indeed he accounts for the Smailnefs of it in a very reafonable Manner, by acquainting us, that the Dutch fupply that People now with thofe fine Cloths, Stuffs, Says, Serges, Gfr . manufadtured here, which our Merchants ufed formerly to export to Hamburgh, and other Parts of the German Empire, otherwife 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 ; and this would cer- tainly have occurred, as the Importation of fo large a Quantity of German Linens muft have been anfwered by an adequate Quantity of our Woollen Manufac- tures, had not we been intercepted in that TrafRck by our Flemtjh Neighbours, V i.h Goods of our own manufaduring, taken immediately from the Premifes i and this in Part proves that Holland is no Sufferer in the Overbalance we feem- ingly have againft tKem in our mutual Dealings. It it true, our late Improvements in the Linen Fabricks have fupplanted the Ger^- mans in fome Part of their's, firtce the before-mentioned Calculation ; but on the other Hand, this Branch of Bufmefs muft have rofe in their Favour, and it has gone on finking in that 01' France's, and is certainly rendered more beneficial to us both by the Alteration ; 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, Baife, Stuffs, Frize, Flannels, Kerfeys, Hats, Hofe, doub. Dozens, Logwood, Pipes, Cochineal, wrought Iron and Brafs, Haberdafliery, Silk mixed. Silk wrought and unwrought, Sugar, and ditto refined. Painters' Co- lours, Turners' Wood, wrought Plate, Leather, printed Linen, Callicocs, and ether India Goods ; Rice, Ginger, Pimento, Pepper, Tobacco, ditto cut. Drugs, Coffee, Alkim, Pewter,' Cotton, Wool, Lead, Litharge, Tin, Apothecaries' Stuff, Copperas, Orchal, Chalk, Glafs, Glue, Lantern Leaves, Silver Coin, Co- ney Wool, Fuftick, Blankets, Cabinet Ware, iiJ't . And we import from thence. Linens, Spa and Bourn Water, Rujia Mats, Rags, Smalts, white Copperas, melting Pots, Pearl, Weed and Potalhes, Fenugreek, Sturgeon, Canvas, broken Glafs, Hartfliorns, Drugs, Flax, Tow, Quills, Briftles, Gfc. Of Great-Britain's Commerce toitb Spain. I Now go from the northern to tlie fouthern Regions, in order to give an Ac- count of our Trade with this Kingdom, being the next of Importance to thofe already mentioned ; and I wifh I could fay it ftill continued in that flourifliing and advantageous Condition it was formerly carried on { but an aggregate Number of Events have happened within thefe fifty Years, or fince the Emperor Charles II.'s Reign, to alter the Nature and Manner of it, by its being loaded with higher and adaitional Duties than it was in that Prince's Timej and the Introdudlion 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 manufadhiring fuch Goods as the Spaniards were formerly fupplied with principally from us : For though the favouring thofe from France undoubtedly hurts us, I cannot think it did in the Article of our Colchejler Baife, as the Brittjh Merchant feems particularly to intimate ; for thefe ftand as a remarkable Inftance of' the invaluable Quality of that Fabrick, which hitherto no Nation has been able to imitate j and Mr. King feems to be under another Miftakein Regard to the Value of thefe Baife, when he fuppofes them once to have rofe from feventecn to twenty-four Pence the Flemijli Ell, as they are never bought byMeafure, but by the Piece j it being the Backing Baife, made indeed at Colchejler a» well as at that Place, only that are Ibid by Meafure, and are only fit for thePw/«- 8 C tugal «4P ■. ! jinH !i :% -;:■(■')•' '• \\ "I' 650 GENERAL COMMERCK OF THE WORLD. tuy^a! Market, vvhilft tlic Cckbcjlcr Daifc arc lulely vciulil)lc in Spj;//; anj tin; hn It of them are ftill in almoft as irt'iicli Ellccih as ever in that Country, thoa ;ii th- Poverty of" the People dilabled them from going ilrcllcd in t!ic iuivc ,\i,i;ini.r their jnoft affluent Condition permitted tliem, lb th:it the (icner.illiv arc n.)',v cbliged to content thcmfelves witli the Produiifs of tlicir own J^ooms, tit up in Arragon, &c. His Catholick Majefly PhilipY. began before his De.uli to encourage tli;; M.inii- fadlories of Cloth, which had for many Yeirs been carried on in his Kini^dom, thojfH, to very little Purpofe, till the Diike^/c RippcriLt, then Prime Minirter, re\i',cj the iEftablidimcnts, and improved them by introducing a great many Clothiois hjin his own Country, Hollnnd, to whom his Majefly conti;iued his Protection, not- withflanding the faid Nobleman afterwards fell into Difgrace. And, in OriLr the better to promote his Intentions, he grantcil tlie FabricMtors many Piivilc:>c;,;, aiij to animate them loan Increafe and Improvement, lie wore them himfelf, clothed . his Troops with them, and prohibited the Importation of any from abroad, which Mandate was for fome Years obferved with Rigour j and though I never heard it was repealed, yet our Cloths are now, and have been for fome Years pall;, admitted to an Entry at Cadiz, as well as other Sorts of Woollens that wore i'lckuijj i.i thj ^ Prohibition ; but the Quantity is fmall in Refped to what it formc-ly w.is, and this Commerce has entirely ceafed in mofl other Parts of Spain, where tlie Dif. patch formerly was very confiderable ; and the principal Part of what is now in- troduccd there as well of Cloth as other Woollens, ferves for their Traiifoort Trade to their American Colonies, with the Exception of our fine Bails;, bell Sandford Ells, and a few other fine Goods, inimitable, as I before obferved, by the French, which are flill ufed and worn by the Spaniards in Old Spain. Don Ferdinand VI. ftridlly followed his Fatlu-r's Steps, and greatly improved on his Schemes and Maxims ; fo that Manufadurcs of various Sorts are now fettled in Spain, whereas his Father, only left that of Cloth in Being ; and this Prince, being lefs influenced by French Counfels, had naturally the Good of his Country more at Heart. I Ihould 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 Footing our Treaties with that Crown have placed us, as fome of them are in very few Hands, though the Kayvvledgc of them may pi-ove both inftrudive and advantageous. The Bafis on which the feveral Treaties of Commerce fubfifl^ing between Great-Britain and Spain are founded, is that concluded between the two Crowns at Madrid, on the -J4 of May, 1667 ; and as this is indeed the Subltaiicc of all the fubfequent ones, I fliall juft give the Heads of the Articles imnidiately relative to Trade. Article IV. Stipulates a free Trade of Commerce to the Subjeds on both Sides, as well by Land as Sea, (3c. Art. V. Agrees ihat no Cuftoms fliall be paid in cither Kingdom by the Subjeds of the other, but fuch as the Natives pay. Apt. VI. Tables or Lilts of the Duties flvdl be put up at the Doors of the Cuflom-houfes, &c. that Merchants may know what they have and not be impofed on. Art. VII. Permits .he EngliJJi freely to import all Kind of Goods, with- out being enforced to declare to whom, and for what Price they fell them; nor fliall they be molefted for the Errors of Mafters or others, in the Entry of the faid Goods, nor obliged to pay Duties for more than they land; and Prize Goods fliall be efteemed as Engltjh. Art. VIII. Grants Leave for the Engliji) ii&\y to carry Eajl-Ltdia Goods into Spain, and that they fliall have all the Privileges granted to the Duult by the Treaty of Munfler, 1648. Art. IX. And the Privileges graiited to x\\fi Englijh refiding in JnJj/u/iJ, 1645, to be general to all of that Nation, refiding or trading hi any Place* whatfoevcr within liis Catholick Majefty's Dominionj. » . Art. to pay, :l \ G R E A T - B R I T A I N, C^c. Art. X. No Ships appertaining to the EngHjh, navigating in the King of $p,u>i's Dominions, fhall be vilited by the Judge of Contraband, or any other Otliccr ; nor fliall any Soldiers or armed Men be put aboard them j nor fliall the Ciiftom-houfe Oliiccrs of either Par: fearch any Ship, until they have landed all their Cargo, or liich Part of it as they intend ; but in the In»^crim Officers may be put aboard, not exceeding three, to fee tliat no Merchandife be landed with- out paying Duties, but this without any Expence to the Ship. And when the I\I:i(ler (hall declare his Intention of landing his whole Cargo, and fhall have made his Entry accordingly, and afterwards other Goods unentered are found nboud, eight working Days fliall be dlowed to work, to commence from the firft Day of Delivering, to the End that the concealed Goods may be entered, ami Coniifcation prevented ; and if in the Time limited, the Entry be not iiiaile, then the unentered Goods only fliall be confifcated, and no other Punifli- meiit inflidlcd. Aur. XI. Agrees, that neither Party fliall be obliged to regifter or pay Ciilloms for any other Goods than thofe they fliall unlade. Aur. XII. Settles, that when thofe Goods which are landed and have paid Cullonis, are afterwards carried to fome other Part in the fame Dominions, they ihall pay no new Duties. Art. XIII. All Ships may enter freely in any Port or Road of either Prince, anJ depart when they pleafe, without paying any Duties for their Cargoes, pro- vided they do not ba^ak Bulk. Art. XIV. In Cafe the Ships belonging to the Subjects of either Party fliall be met by Men of War or Privateers appertaining to the other Party, thcfe Ihall ff:nd their Boat aboard the Merchant Ship, and be fatisfied with ex- amining his Paflports, without coming within Gunfliot. Art. XV. If any prohibited Goods fliall be exported from cither of the King- doms, by the rcfpeiSive Subjects of fhe one or the other Party, only fuch Goods (hall be confifcated, without any further Puni/hment, except the Delinquent fliall carry out of his Britannic Majefty's Dominions, the proper Coin, Wool, or Ful- lers-Earth ; or (hall carry out of the Dominions of the faid King of Spain, any Gold and Silver, wrought or unwrought j in either of which Cafes, the Laws of the rcfpcdtive Countries are to take Place. Art XVII. No Merchant, Pilot, Mafl:er of a Ship, Mariner, Ships, or Merchandife, fliall be embargoed or detained, by any general or particular Order wliatfiever. Art. XVIII. Merchants and Subjedls, of the one and the other King, may ufe all Kinds of Eire-Arms foi their Defence, according to the Cuftom of the Place. Art. XIX. The Captains, Officers, and Mariners, of the Ships belonging to Ciher Party, may not commence an Adion for their Wages, nor may be re- ceived under any Pretext whatfoever, into the Service or Protedion of either King ; but if any Controverfy happen between Merchants and Mafl:ers of Ships, or between Mafters and Mariners, the compofing thereof ihall be left to the Conful of the Nation j though he who fliall not fubmit to this Arbi- trament, may appeal to the ordinary Juftice of the Place. Arts. XXI, XXII, and XXIII. Allow Freedom of Trade to Places in Amity or Neutrality with either Party, that they fliall not be difturbed therein, and that in this Caic, if any contraband Goods be found in them, they only fliall be confifcated, and no other. Art. XXIV. Shews what are contraband Goods, which I have already defcribed in a former Part of this Work. Art. XXVI. All Goods belonging to the Subjefts of either Party, which fljall be found laden on the Ships of Enemies, (hall be confifcated. Art. XXVII. The Confuls which fliall hereafter refide in any of the King of Spain's Dominions, or the Spanijh Conful refiding in England, fliall have, and aercife the fame Power and Authority in the Execution of his Office, as any whir Conful hath formerly had. Art. 65. .:>Ui ; .,1;^, m !i:l: ■ and their refpedtive Ainbafladors of their fiud Majefties having agreed, by » Decktation figned between them on the 14 ytpie, 9 D 1748. 853 '^ ..i i>m 15;,: " m - 6j4 GENERAL COMMERCE OF THE WORLD. 1748, to regulate at a proper Time and Place, by a Negociation between Mii,;, fters, nained on each Side for that Purpofc, the Equivalent which Spain (lioulj give in Confideration of the Non-Enjoyment of the Years of the faid Ajlmo ot" Negroes, and of the annual Ship, granted to Great- lit itain, by the Xth Article of the Preliminaries figned at Aix-la-Cbapelle, on the \\ April, 1748. Their Britannic and Catholic Majefties, in order to fulfil the faid Engaw- mcnts of their refpeftive Minifters, and to ftrengthen and perfeft more and mwj a folid and lafting Harmony between the two Crowns, have agreed to make the prelent particular Treaty between themfelves, without the Intervention or Parti- cipation of any third Power j fo that each of the contradting Parties acquires by Virtue of the Ceflions which that Party makes, a Right of Compcnfation from the other reciprocally : And they have named their Minillers Plenipotentiaries for that Purpofc, viz. his Britannic Majefty, Benjamin Keene, Elq. and liis Catholic Majefty, Don Jofepb dt Carvajal and Lancajler ; who, after luvin/ examined the Points in Queftion, have agreed on tlic following Articles : Article \. His Britannic Majefty yields to his Catholic Majefty, his Right to the Enjoyment of the Jljjicnto of Negroes, and the annual Ship, during the four Years ftipulated by the XVItli Article of the Treaty of Aix-k- CbaptUe. Art. n. His Britannic Majefty, in Confideration of a Compcnfation of 100,000/. Sterling, which his Catholic Majefty promifes and engages to caufe to be paid either at Madrid or London, to the Royal AJjiento Company, within the Term of three Months at lateft, to be reckoned from the Day of figning this Treaty, yields to his Catholic Majefty all that may be due to the faid Company for Balance of Accounts j or arifing in any Manner whatfoever from the faid A§mi; fo that the faid Compcnfation fhall be efteemed and looked upon as a full and en- tire Satisfadlioii on the Part of his Catholic Majefty, and Ihall extinguilh from this prefent Time, for the future and for ever, all Right, Pretenfion, or Demand, whicn might be formed in Confequence of the faid AJjiento or annual Ship, di- reftly or indircdtly, on the Part of his Britannic Majefty, or on that of the faid Company Art Thf Catholic King yields to his Britannic Majefty all his Pre- tenfions '" -upjs in Confequence of the faid y^zf/7/0 and annual Ship, as welf with Rct^ M the Articles already liquidated, as to thofe which may be ealy or difficult to liquidate ; fo that no Mention can ever be made of them hereafter on either Side. Art. IV. His Catholic Majefty confents that the Britiji) Subjefts fliall not be bound to pay higher or other Duties, or upon other Evaluations for Goods, which they fliall carry into, or out of the different Ports of his Catholic Majefty, than thofe paid on the fame Goods in the Time of Charles the Second, King of ^m, fettled by the Schedules and Ordonnances of that King, or thpfe of his PredecelFors. And although the Favour or Allowance calhd Pie del Fardo be not founded upon any Royal Ordonnance, neverthelefs his Catholic Majefty declares, wills, and or- dains that it ftiall be obfcrved now, and for the future, as an inviolable Law ; and all the above-mentioned Duties ftiall be exadted and levied, now and for the future, with the fame Advanuges and Favours to the faid Subjedts. Art. V. His Catholic Majefty allows the faid Subjedls to take and gather Salt in the Ifland of Tortugas, 'without any Hindrance whatfoever, as they did in the Time of Charles the Second. Art. VI. His Catholic Majefty confents that the faid Subjcfts (hall not pay any where higher, or other Duties, than thofe which his own Subjedls pay in the fame Place. Art. VII. His Catholic Majefty grants, that the (aid Subjcfts fliall enjoy all the Rights, Privileges, Franchifcs, Exemptions, and Immunities whatfoever, which they enjoyed before the laft War, by Virtue of Schedules or Royal Ordonnances, and by the Articles of the Treaty of Peace aijd Conmicrce made at Madrid in 1667 ; and the faidSubjedls ihall be treated in Spain, in thejfame Manner as the moft fa- voured Nation, and confcquently, no Nation ftiall pay lefs Duties upon Wool and ' other Mcrchandifes, which they Ihall bring into, or carry out of Spain by Land, A. than ( Ifl is G RE A T-B R I T A I N. (^e. than the Hud Subje£ts Hull pay upon the fame Merchandizes, which they (hall bring in or carry out by Sea ; and all the Rights, Piivilegcs, Fmnchifei, Exemptions, and Immunities, which (hall be granted or permitted to any Nation whatever, (hall alfo be granted and permitted to the faid Subjedls ; and his Britannic Ma- jeily confents that the (ame be granted and permitted to the SubjeAs of Spain in is Britannic Majefty's Dominions. Art. VIII. His Cathoiic Majedy promifes to ufe all pofllble Endeavours on his Part, to aboli(h all Innovations which may have been introduced into Commerce, and to have them forborn for the future. His Britannic Majefly likewife promifes to ufe all po(rible Endeavours to abolidi all Innovations, and to forbear them for the future. Art. IX. Thx\t Britannic and Catholic Majeftics confirm by the prefent Treaty the Treaty of Aix-la-Chafelle, and all the other Treaties therein confirmed, in all their Articles and Claufes, excepting thofe which have been derogated from by the prefent Treaty : As likewife the Treaty of Commerce, concluded at XJtrtcht in 1713; thofe Articles excepted, which are contrary to the prefent Treaty, which fhall be abolifhed and of no Force ; and namely the three Articles of the laid Treaty of Utrecht, commonly called explanatory. Art. X. All the reciprocal Differences, Rights, Demands, and Pretcnfions, which may have fubfiftcd between the two Crowr s of Great-Britain and Spain, in which no other Nation whatever has any Part, Intcrefl or Right of Intervention, being thus accomodated and extinguifhed by this particular Treaty ; the two faid mofl ferenc Kings engage themfelves mutually to the pundlual Execution of this Treaty of reciprocal Compenfation, which (hall be approved and ratified by their (aid Majefties, and the Ratifications exchanged in the Term of fix Weeks, to be reckoned from the Day of their Signing, or fooner, if it can be done. Jn Witnefi vihertof, &c. Thefe Treaties are confirmed by the fecond Article of the definitive Treaty of Peace, figned at Paris, Febuary 10th, 1763. Our Exports now to Spain, including the Canary Iflands, are long, (hort, and Spanijf} Cloth, Stuffs, Baife, Hats, Perpets, Silk and worfted Hofe, Butter, Cheefc, Leather, wrought Iron, Bnifs, Bell Metal, Linens plain and printed. Pewter, Tin, Lead, Shot, Copper, Sail Cloth, Haberdaihery Wares, Clock Work and Watches, Shoes, wrought Silk, wrought Plate, Gunpowder, Cordage, Logwood, Brazilleto, Silk mixed, and fewing Silk, Glafs, Copperas, Prints, Train Oil, I'oys, Cabinet and Ship-Chandlery Wares, Wax, Lantern Leaves, Flax, Fans, Wheat, Beans, Barley Meal ; Thread, Tobacco, Canvas, Cambricks, Lawns, Bed-Ticks, Sugar, Drugs, Pimento, Pepper, Spice, Staves, Brimftone, Deer Skins, Eaft-India Goods, &c. The Imports from thence are Wine, Almonds, Annifeed, Cumminfeeds, Soap, Oil, Silk, before the Extradion was prohibited. Iron, Wool, Indigo, Figs, Rai- lins. Oranges, and Orange Juice, Lemons, Chefnuts, Small -nuts, Pomgranates, Olives, Saffron, Barilla, Kelp, Ki'^-Skins, Capers, Umber, Anchovies, Sponges, wrought Silk, Cochineal, Cork, Whifk Brooms,and, formerly, Brandies, which I believe may pretty near balance that Trade, extra of the Corn and Meal, which have lately been very confiderable, and I think muft be regarded as a Balance in our Favour ; but thefe being only accidental Articles, are not to be reckoned as fbple Commodities, nor placed on the Credit Side in this Account of Commerce, atleafl 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 when an equal Calamity has befel the other fouthern Countries; for when they can be fupplied from Sicily, Sardinia, Naples, Turkey, Barbary, or the Ecelejiajlical State, they always prefer thofe folid Grains before our's, as well on Account of its yielding more Flour, as becaufe their Mills are 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 Indica'-ion of the Balance of that Trade being in our «55 : lA- Jf '■\n 'iU^W. ^ «{< ■ J GENERAL Commerce of the world. bur Favour j and would certainly be much more fo, were the Cuftoms on our Goods collected in Spain according to the preceding Treaties, which include and inforce the Schedules granted the Eng/i/f} by fevcral fucccflivc Monarchs. But to fliew that they .ire levied on a much higher Valuation, and very difJ ferently from what is therein ftipulated and agreed, I here add ati Account of the Imports on Merchandifc, drawn up at Ca^iiz, the 17th of February, iy,Q^ by a Gentleman, whofe Capacity in Mercantile Affairs is exceeded by few, and this induces me alfo to fubjoin his Sentiments, which pleafe to take in his own Words* Particulars of the Ihipojli on Merchandife entered in this Cujiom-houje, GOODS according to their different Species pay tt, 5, 10, or 4 per Cent, Almoxarifafgo Goods charged with 1 1 per Cent, Almoxarifafgo pay Duties as follows: Branches. Decimals. N* 1 1 per Cent, with | in Plate, which is \- Part more 2 per Cent, called dos unos, as aforegoing 2 per Cent, called BofiUo de la Reyna, as above It per Cent, with a Premium of 5 per Cent, liper Cent 0,0225 0,0125 0,01575 ■ 0,0125 4 per Cent, called 1°. 2"*. j**. a", mode Jlcavald 0,04 Ji per Cent, called Donativo anttgu) de la Cuidad y Fortifaation 0,01500 Amount of the Duties before the Year 1686, being i^rPfr Cent. 0,252 I if per Cent, with a Premium of 5 per Cent, confulado y lovga 0,014 Amount of the Duties upon the Acceflion of King Philip V, be- ing 26I per Cent. 0,266 lif per Cent, called Donativo moderno de la Cuidad 0,015 Amount of the Duties before th« late War, being 287^ per Cent. 0,281 10 2 per Cent, called Sanidad ' 0|03 Amount of the Duties adually levied^ being 30-,^ pfr Cent. 0,301 When the Almoxarifafgo is e per Cent the Duties are as follows : r per Cent, with the Quarter Part in Plate, which is | Part more 0,05625 N". 2, 3, 4, 5, 6, 7, Branches afore-mentioned added 0,12825 4r«fr Cm/, additional Alcavala on this Article 0,045 Amount of the Duties before the Year 1686 being 22^^ per Cent, 0,2295 N**. 8, above-mentioned added 0,014 Amount of the Duties upon the Acceflion of King Philip, being 2^^ per Cent. 0,2435 N". 9, above>mentioned added 0,015 Amount of the Duties J/cfore the late War, being 25 {-J ptr Cent. 0,2585 N^. 10, above-mentioned, added 0,02 Amount of the Duties a£lually levied, being zj-^per Cent. 0,2785 Goods charged with 10 per Cent. Almoxarifafgo paid in the afore-mendoned Manner, before the Acceflion of the late King PM/^, 29 A'A/^ Cw/. and before the kte War, ^i-f^fer Cent, and they muft now pay ^r^^^'^per Cent. Goods char^ with ^per Cent. Almoxarifafgo, paid before the Acceflion of King Philip a^-^^per Cent, and a4,V»Tr ptr Cent, before the late War, and aftually pay 26.^,^per Cent, G R E A T B R I T A I N, tf f. In Order to comprehend the Calculation of thcfc Duties, here is a finall Sueci- mcn of the Model of the SpaniJIj Book of Rates, as it ftood before the late War, and the Innovations made in the Valuation of fomc Articles of your Manufacture. 5 Anafcotsblancos la Pieza f Dichos negros la Pieza II Ba>cUs tie //rj?:fl/c/frrd 1 Curtidos dc Irlanda cada une J I Duroys l.i I'ieza 11 Pannos finos de Ingatiiterra la II Dichos entrc finos ■' < > ■ 1 1 Dhos Comunes 6ooo 40 White Hunfcoats, they arc now rated at 7000 jooo 40 Black ditts 6000 1 0000 -J. Baife 1 2000 680 .;. Irijh Hides 1496 2000 40 Duroys 3000 Pieza 24,000 40 Fine Eng/ijh Cloths, Var. now rated at 1768 each 17,000 40 Second Cldths 816 ditto 14,000 40 rorijiire Cloths 510 ditto The firft Column fpecifies the Almoxari^fgo, the fecond the fbecies of Goods, the third the Value, Rate, or Aforo, as called here, the fourth the Abatement prr Cent, or Gracia, called Pie defardo, Befides that Gracia, there is an Al>.itc- inent of 25 per Cent, allowed by the King, called la qiiarta tabla. The Duties arc thus calculated, viz. 100 Pieces white Hunfcoats entered in this Cuftom-houfe, 40 dedudted for the Gracia, being 40 /ir Cent, as afore-mentioned, 60 Pieces valued according to the Afuro, or Rate above-mentioned, at 6ocjo Maravedis, make 360, ooo, from whi^h Sum dedudting go,ooo, or the 4 Pi'ft for la Quarta T.ibla, th.rt -emains 270,000 Maravedis. As the Almoxarifalgo is 5 per Cent, und all the Ri.uicriCJ appertaining toit asaforc-mentioncd, ambuntingto z^^ ^^ per Cent . before the late' vVar, there- fore 270,000 at 21-^^j; per Cent, are Mars. 69,795, which at 64 Mars, the Value of cath Real Plate, are R. Pla 10904!, the full Amount of the Duties on 100 Pieces of white Hunfcoats. 'Jut at prefent the Aforo or Valuation of white Hunf- coats is at 7000 Maravedis, whence 60x7000=420,000 — 105,000 the Quarta Tahla =31 5,000 at 27 AV. the aftual Duties per Cent, are 87,727,5 Mars, at 64arc R. PI. 1 370^, V the Amount of the Duties 100 Pieces white rfunfcoats muft now pay. The Difference is, R . PI. 28044^ they now pay more than was levied before the fate War, which is near 25I per Cent. Augmentations on the Duties then efta- blifhed. In the Treaty of Commerce between the Crowns of Great-Britain and Spain, concluded at Madrid the ^\.May, 1667, the Schedules and Immunities granted to the Britijh 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 XJtrecbt in 171 3« feemed to be, that their Merchandife fhould not pay more Duties than 10 per Cent, on their real Value, to be afcertained in a new Book of Rates, which was mutually agreed between the two Courts to be formed. But the Bi(hop, [I fup- pofe the Bidiop of Brijiol, who was then Ambaffador and Plenipotentiary, u here meant,] did not underftand Duties ; for the Expreflion in the laid Treaty, But it is to be mderjicod that this is not to extend to the Albavalas, Cientos, and Milhnts, deftroyed the whole Purport of the Treaty, and rendered the forming a new Book of Rates quite ufelefs. The Merchants verfed and knowing in the Nature of the Duties, did therefore foUicit that the Cuftoms and Aforos fhould remain on the fame Footing they were upon in King Charles II. 's Time, though fome Articles were over-rated, which vras accordingly executed by the Treaty of Madrid, 171 C. Since the late War the Duties are augmented as afbre-mentioned, and what is mucn more grievous, the Aforo or Valuation of the Merchandife is greatly inctcafed ^ wherefore our Conful at the Head of this Fadtoty applied to our Ambaflador at Madrid, to follicit, if feemingly to him convenient, that the Goods fhould be dis- patched in the Cuflom-hcufes in like Manner as they were before the War : No- thing favourable has refulted, for the Goods are charged upon the extravagant new Footing. If the Aforo or Valuation of a few Articles of the Brt?j<5 ProdudUwas kflened, and the Innovations, introduced fince the War, were abolifhed, the 8 E . propofed f>S7 :*f I ' ! , .:.» If.- ■i ■ Ik: ir.,; \'nmn 6^8 r.F.NF.HAL COMMKRCK OF.'. PJIK WORLD. projxifwl End of tlic lirinjh Court, to pay no lT«[)h:'thah lo bcr Cent, on the real Vuluc of the (Jootls, may be accomplilhcd, although no Alteration bi'm.ide in rcilucing or abolilliing any Branch of the I>tti6 .actiuJly levied : VVhjth an- E:ars to n>c to be the c.ilicft Metliod, as an Attempt to Orikc oft' any of" the ranclics of the Duties might lie powerfully refiftciliby th"ie to whom they were appropriated, or tlie Managers thereof. Some Inftanccs are offered to nuke tlijj Matter more plain. A I'iecc of Uaife, upon a Medium of the Value of the Qiiality for this Market, ihippcd in London, will not coft, including the Charges, above V- Hj. 9 fore ought to be cultivated by them with mutual Ardour j as the Portugwfe take off a large Quantity of our native Commodities, aijd we in Return confumc a greater one of their's than all the Nations in Europe put together; though that People appear in fome Meafure infenfible of the Advantages ariling to them from this Commerce, and feem to have forgot the little Difpatch they had for their Wines, the grcatcft Produft of their Country, when Peace and low Duties made thofe of France to be the general Confumption. The EngliJ}} Fadory at Lijbon publilhed a Memorial in the Month oijuly 1729, by which it appears, and feemingly beyond Contradiction, that the Balance oi Trade with that Kingdom was againft us j and as I have no Reafon to tliink there has been any favourable Alteration in it lincc, I fliall givcf my Reader a Copy of the faid Memorial, as it was communicated to me by one of the Gentlemen prin- cipally concerned in drawing it up, with the Remarkf made by that conliderable and judicious Body of Traders on it. ,.:h An G R E A T . B R I T A 1 N, 6ff. An Frtimate af the yearly Confwnption in the Portuguefe Dominiont a/* the Commo- dities which are of the Growth and Manujiiilures of the En^Idh Dominiont, cakulated hy the annual Sales of the Merchants rejiding in Lifbun, and by the i;p Information taken from them and from other Parts. Silts in Li/ion, computed by fcvcral Engltjh and other Merchants' tloufes fettled there Sales in Porto ^ ■ " Sales in Coimira and Fiegueira Sales in Madeira, and the other Iflands, about Bacalboa, fifty thouiand Quintalsi, at 4000 As. Duties paid for CuAoms might be reckoned at i$pir Cent, on the Sales 496,000,000 Small Charges in and out the Cuftom-houfe, and at the Sale i per Cent. 16,400,000 Port Charges, Confulage excepted, of all the Englijh Ships, Expences of the Captains and Sailors, and of all the Englijk in Portugal, at * "^^ a moderate Computation 50,000,000 i 'Vry ,■■ , '•- ■-;',* 'u Remains net to the Britijlj Nation 1,620,000,000 600,000,000 120,000,000 100,000,000 200,000,000 2640,000,000 -^..4\ t,. ,,.; 572,400,000 2,067,600,000 An EJlimnte on the yearly Confumption by the Englip, of the Produdt of the Portugueje Dominions, calculated by the Exportation from thrm to Great- Britain, Ireland, and the Englijh Pofleflions in America. ■A*."^ «1-. Wines. From Lijbon 3000 !*Ipe8', white, at 46000 From Oporto From Figueira From Madeira 2000 ditto, red 25000 ditto, 1500 ditto, 1 0000 ditto. 50000 50000 45000 28000 i 2o',o6o,odd 100,000,000 1,250,000,000 67,500,000 280,000,006 41500 Pipes. 1,817,506,000 Oils from Lijbon, Oporto, and Algdrve, 2000 Pipes, at 40000 80,000,000 Figs, Almonds, Raifins, Brooms, Cdnes, Shumach, Cork. &r. from Algarve 20,000,000 50000 Chefts of Fruit, from Lijbon, Oporto, Sec. at 3000 Rs. 150,000,000 4000 Moys of Salt from Lijbon, St. Uval, &c. at 1400 Rs, 56,000,000 The Exportation by the Engltjh, for their own Confumption of the Portugueje Commodities, annually amounts to 2,123,500,000 The net Proceeds belonging to the Englijh, of the Confumption of their Commodities in the Portugeje Dominions as above, amounts to 2,067,600,000 Confequcntly the Balance in Favour of Portugal, and loft by England, is 55,900,0010 2,123,500,000 \yii-i.:.ti. ■ •'s.' '41 6S9 r :^' 0M 11 Portugal : 66o GENERAL COMMERCE OF ttiE WORLD. Portugal lofes by her Trade with the feveral other Nations from whom fhe receives Commodities, extra of the Eng/i/h, as will be fliown in an Eftimate, when I come to treat thereof 2,964,000 000 The Englijh pay for the Balance of their Trade with Portugal as per the abore Eftimate 55>93o,oco , 2,908,100,000 Part of which gets ^ireftly to Italy, and the Reft, moft!y, by the Way of England, on Account of the Convenie.icy of the Exchange, and of Shipping By the preceding Eflimatc, made favourable to the Eitglip Trade, as the Con- fumption of their Commodities is fct down rather more than lefs, and their Ex- portation of the Portuguefi Produdls as moderately computed as is poflible both in Quantity and Price, it plainly appears, I ft. That the Balance of Trade between Great-Britain and Portugal, [% j^ Favour of Portugal, who annually gains by the fame, and the Englijh loii Rs. 55,900,000. 2dly. That confcquently that Trade cannot occafion the Extraftion of Golil from Portugal, fince the liquid Produce of all the Commodities conlumeJ there, is not fufficient to pay for thofe which tliey take from Portugal. jdly. That therefore the Gold, which annually goes from thcncj, is to' pay other foreign Nations the Balance of their Trade ; fmce the Portugueje cannot pay them in the Produdt 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 from the Duties on the Englijh Trade, which arc 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 R. 608,350,000. Befides thelc Truths fo clearly dcmonftrated, there are many others which well deferve to be confidered j fuch are the followiag : No Nation, befides the Englijh, take off the Ponuguefe Wines, nor can be fup- pofed ever to do it, lince thofe who want this Commoidity are fupplied much better from France, and from other Parts, and at more mvxierate Price* ; and as Enebts outftanding, of 2,500,000,000 Reis or upwards. The Englijh certainly furnifti the Portuguefe with the moft ufcful and neceflary Goods, their own Cora for the prefent excepted, and at fuch moderate Prices as no 2 other .GJ: G R E A T-B R i t A i N, i^a other Nation tan afford to db; If at thit Time* they bring them none of theit' Corn, there being a Scarcity of it, they have done it formerly, and no Doubt Will do it again when th^ daii fpare it : and fince Portugal cannot fubfift with- out a conftant Supply of that Cdmmddity from abroad^ fhould there happen to be a bad HarVeft in Sfiaiiti bt a Rupture between thofe two Crowns, the Englijh by the Power of their Nary, and the Quanti^ of their trading Ships, arc the Only Nation which can at all Times effedtuaify furniHi and fecure what foreign Corn is ncceffary to Portuga/i , To the above Remarks on the Trade 6f Portugal, I ftiall take the Liberty td add the following of my own, as confequential to thofe fo juftly made by the Merchants there. And, ift. If they are fuch aS thay be relied on, Mr. King's Calculations on that Com- merce muft have been very erroneous^ or it muft have been greatly altered in the Few intervening Years, between his Eftimate and the Li/ion Merchant's -, as he fuppofes, in his Dediration, P. 3. Vol. III. that our Exports to Portugal vfere then cncreafed from about 300,000/. a Year to rear a Million and a half, whereas by the preceding Eftimite it may be feen, than in the Year 1729, the nett Produce of every Thing fold in that Kingdom did amount to but little more than one half of the foregoing Sum . zdly. But if Mr. King's Calculations are rightj as I am i.itlined to believe, whdn I coiilider they were made by foinc 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, &c. being carried into Portugal, with the View of introducing them afterwards, through that Channel, into Spain 5 and I cannot othcrwife account for the Difparity between two Eftimates made by different Sets ot" Cientlemen« equally to be credited and relied on. It is, however, certain, that our Trade with that Kingdom was in the laft Century almoft deflroycd by the Encouragement given to Manufaftures of their own j though indeed the Blow came from hence at firft ; as one Courteeni an IriJIimant and a Servant in the then Queen of England's Family, afterwards Queen Dowager, carried over in the Year i6»i feveral Clothiers and Baife-Makers into Portugal, who immediately began to exercife their Profeflions, particularly at Port AUgre and Covillhiin, though with various SUccefs, as the latter were foon difmifled, on its being found that t'ie Staple of their Wool was too ftiort for the Manu- facturing of Baife, but the others were continued, arid brought the Fabrick of their Cloths to fuch Perfeftion, that \njune or July of 1684, among fome fumptuary Laws then made, his Portuguefe Majefty prohibited the Importation of any foreign ones, which continued in Force, till by the Treaty of 1703 with that Crown, it was agreed to refcind the prohibitory Decree, and permit the free Importation of all Woollens, as before the making it ; which the fub- fequent Abftnidt of the faid T'-eaty will demoiiftratc. Art. I. His facred Majefty of Po/tKj/?/ promifes, both in his own Name, and that of his SucccfTors, to admit for ever hereafter into Portugal, the Woollen Cloths, and the Reft of the WoUen Manufaftures of Britain, as was accuftomed till they were prohibited by the Laws ; neverthelefs upon this Condition, Art. II. That is to fay, that her facred Royal Mnjcfty oi Great-Britain fliall, in her own Name, and that of her SucceHbrs, be obliged for ever hereafter, to admit the Wines of the Growth of Portugal into Britain ; fo that at no Timet whether there ftiall 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 other Title, dircdtly or indiredlly, whether they fliall be impor'^:d Mo Great-Britain in Pipes or Hogftieads, or other Cafks, than what fliall be de- manded for the like Quantity or Meafure of fr^wA Wine, dedudting or abating a third Part of the Cuftom or Duty. But if at any Time this Dedudlion, or Abate- ment of Cuftoms, which is to be made as aforcfaid, ftiall in any .Manner be at- tempted and prejudiced, it fliall be juft and lawful for his facred Royal Majefty of Pflr/«^a/ again to prohibit the Woollen Cloths, and the Reft of the Britijh Woollen Manutadlures. Art. III. The moft excellent Lords the Plenipotentiaries promifc, that thei* Abovc-named Maftcrs fliall ratify this Treaty. (L. S.)/ffo&H Metbutn. 8 F In 661 '\m E-- m m 662 GENERAL COMMERCE OI THE WORLD. In Confequcnce of this Treaty, our Woollens have ever fince been currently ad- mitted into Portugal, and we now fend there. Cloths of all Sorts, Baife, Perpets Stuffs, Hats, Hofe, &c. We fend likewife Irdn, wrought Brafs, Lead, Pewter' Shot, idained Paper, and other ftationary Wares, Sail Cloth, Linen, Glafs' Earthen and Cabinet Wares, Gun-Flints, Toys, Millitiery and Turnery Wares' I'aiiiter's Colours, Butter ?.nd Cheefe, Gunpovrder, Cordage, wrought and mixed Silk, Clock-work and Watches, Gartersi Haberdalhcry Ware, all Sorts of Corn and Meal, wrought Plate, Lantern Leaves, Leather, Logwood, Copperas, Apo- thecaries' Stuffs, Drugs, Glue, Rice, Bees- Wax, Gfjrf, •nd the Cape of Good-Hope, without any Rertraint whatfocver, favc as herein after exprcned. All h»s Majcfty's Subjc(!ts who (hall trade to and from ylfriat, between C.itv. Blanco and the Cape of Good-Hope, (hall for ever hereafter be deen.fd a lioily Cor- porate and Politick, in Name and in Deed, by the Name oiTbe Comp.niy of Mr. tbants trading to Africa, anf* the fame Name (hall have perpetual SiitxeiliDii, and a common Seal ; ar.' lue and be fued, and do any other Adt, whicli any Body Corporate or Po as fuch, may lawfully do, All the Britijh Forts, settlements, and Fadories, on the Coaft oi Africa, be- sinning at Cape Bianco, and extending from thence to the Cape of Good-lloix, inclufive, ancl all other the Regions, Ports, (3c. comprehending within the laid Limits, which arc now claimed by, or in the Pofleflion of, t/je Royal At'rican Company of England, or which may hereafter be in the Pofleflion of the Company hereby cftabliflied, (hall, from the pafling of an Aoii (),it!i, loiicli- ing iiny nt the Articles ur Particulars therein ; utul the AiKuiiit lii audited :iiul palfcii (hill he a full Difcharge to the faid Committee, without their hiiii<» cciiii- jullcd to render any other < and the Committee (hall lay before the Parlnmciit CVC7 Se(rion a Copy cf the laid annual Account, and of all the Orders ;ind Regu- htions made by them in the preceding Year relating to the laid Forts and t'.ettle- incnts, or the Government of their C)rtic«rs or Servants employed therein ; and Copies of the fame (hall be annually laid before a general Meeting of ihi- Mem- bers of the laid Company, to beheld in London, Hrijiol, and Livi'rpooi, ol' which fourteen Days Notice (liall be previoully given in the London iinzcttc. No Officer or other Pcrlbn employed by the Committee at any of their Fi)rt8or Settlements, (hall in any Manner, or on any I'rctence, obllrudt any ofhi^ M.iiclly's Subjeiils in Trading ; and the Forts, Warehoulcs, and Buildings, which arc or lliail be crcL^cd by the faid Company, fliall at all Times be free and oi>cn to all his Ma- jcrty's Subjcdls, to be ul«:d as Warchoufes for depoliting Ciunpowiler, (jold, Flc- jihants' Teeth, Wax, Gums, and Drugs, and no other Goods. The laid Forts, Warchoufes, and Buildings, (hall, in Cafe of Necefllty or Danger, be free and open to all his Majefly's Subjects, for the Safety of their I'crfons, and Security of all their Etfedls. Any of his MajeOy's Subjedts trading to ytfrka, for the Security of their (Jtjods or Slaves, may eredt Houfcs and Warehoufcs under the Protcdlion of the fiid Forts, or elfcvvhcre, in any other Part of Africa within the Litnits aforcfaiil ; and the fame (hall be their Property, and not be difpofed of, or let, to any Foreigner whatfoever. If the Commander or Maftcr of any Veflel trading to Africa, (liall, by any indi- p reft Pradticc >vhatfocvcr, take on board or carry away from the Coall of Africa any Negro or Native of the Country, or (hall commit, or fuffcr any Violence to be committed on the Natives, to the Prejudice of tlie faid Trade, he Ihall forfeit loo/. one Moiety thereof to go to the Ufc of the Company towards maintaining tljc ikid Forts and Settlements, and the other to the Profccutor. The Lords of the Admiralty (hall give Inftruftions to the Captains of fuch of his Majefty's Ships of War as (hall be fhtioned, or ordered to cruize within the Limits aforefaid, from Time to Time to infpcdt and report to them the State and Condition of the faid Forts and Settlements ; and the Officers of fuch Forts are required to permit fuch Infpedliori ; and Copies of all the faid Reports Hull be laid before the Parliament every SelTjon. Such CommilTion Officers of his Majefty's Navy as the Lords of the Admiralty (hall appoint for that Purpofc, (hall infpedl and examine the State and Condition of the Forts and Settlements on the C'oad oi Africa in the Poflefljun of the Royal African Company, and of the Number of Soldiers therein ; and alfo the State and Condition of the military Stores, Caftlcs, Slaves, Canoes, and other Veflels and Things belonging to the faid Company, and nocelFary for the Mic and Defence of the faid Forts and Settlements, and ihall, with all poffible Difpatch, report how they find the fame to the Lords of the Admiralty; and the faid Company, their Officers and Servants, are required to permit fuch Infpedtion and Examination, and to affift therein j and a Copy of the faid Report Ihall be laid before Parlia- ment at the Beginning of the next Seflion. The Accomptant-General of the Court of Chancery, and fuch two of the other P. Mafters of the faid Court as the Lord Chancellor, or Lord Keeper of the Great- Seal, (liall nominate for that Purpofe, Ihall be Commiffioacrs for examining into the Claims of the Creditors of the Royal African Company j and the faid Com- miflioners, or two of them, are impowered, according to their Difcretion, by Exa- mination of the Parties interellcd, or tlie Teftimony of Witncfles upon Oath, or hy the Infpeftion and Examination ot the Books, Deeds, Writings, and Accounts of the faid Company and their Creditors, to examine into the laid Claims, and enquire and ftate when the fame were relpedlivcly incurred, and for what Con- liUeration they were originally contracted; and upon what Conlideration the Ckiimants became intitlcd thereto, together with their Opinion of the Juftnefs and Keaibnablencfs of fuch Debts j and for that Purpofe the Creditors are to deliver 8 I unto 11 SSI- ll. i4]>i SS8. rili s??* i:M> V- .1 y- 674 GENERAL COMMERCE OE THr WORLD. t} c«. 11. p. 560. e. 56U Unto fuch Officers and at fuch Place within the City of London as the faid Com^ iniiTioners, or two of them, (hall appoint, of vhicli Notice (hall be given in tha London Gazette, an Account of their rcfjxidlivc Claims, with a Copy of their Se- curities for the fame ; and fuch of the faid Creditors as rcfide in Greut-Britain or Ireland, fhallmake their Claims on or before the ^oth of ^uguj 1750, and fuch as are refident on the Coaft of Africa, or elfewhere beyond tlie Seas, ihall make their Claims on or before the 30th oi December 1750, and the Directors and Officers of the (ixid Company, and all other Pcrfons whom the Cominiirior.ers fliall think fit to examine touching the faid Matters, are required to aitcnd tiie Commiflioners at the Times and Places they (hall appoint, and to give the bed Information they can touching the faid Claims ; and to produce all Books and Papers in their Cuftody or Power relating thereto ; and the Commiffioners, or two of them, are authorifed to adminifter an Oath for the better Difcovery of the Truth of the faid Fafts ; and they are to clofe their Examinations of all the Claims that (hall be made by fuch of the Creditors who refide in Grent-Rritam, or Ireland, on or before the 31ft oi "January, 1 750 ; and of fuch as refide in ylfrica or otiier Parts beyond the Seas, on or before the 2Sth of Fc/iruiry, 1750 ; and are to Jay the Accounts of their Proceedings before the Parliament with all convenient Speed. If any Perfon fummoncd (liall neglcft or rcfu;!; to appearand bscx.'.mincl touching the Matters and Things by this Adl direrted to be enquired into, or l!i,;ll r^fufe to anfwer, or Ihall not fully anfwcr to the Satisfadion of the CominiiiioncH all Qiieftions put to them, as well by Word of Mouth as by Interrogatories in Writing, or fhall refufe or ncgledt to produce all Jioo.'-sof Account;- and Papers in their Cuftody or Power relating to the Premifcs, any two of the Commiflioners may commit fuch Perfon to fuch Prifon as they fhall think fit, to remain thjrc V ithout Bail or Mainprize until he (hall fubmit in all Things aforcfaid ; and the Commitiioners, where any Perfon ftiall be committed for refufing to anfwcr, or for not fully anfwcring any fuch "^eftion, fhall fpccify the Quellioa in their Warrant and Commitment. The Royal African Company, (Sc. are reftrainfd for one Year to be computed from the i7thof Afdrf^, 1749, from affigningordifpofing of any of their military Stores, Ammunition, Slaves, Canoes, Vcflels, and Things neceffary for the Ufe or Defence of their Forts and Settlements ; and all A(ftions and Suits for Recovery of any Debt due by, or contraded on Behalf of, the faid Company, fliall be ftaycd for one Year, to be computed from the faid 1 7th of March, 1 749. The Remainder of this Adl is about Mr. David ^richton then in Cuftody, and the Charges of obtaining the Adt, G?f . And another was made in the fucceeding Scffion viz. 24 Geo. II. for allowing further Time to the Commiflioners appointed by ami in Purfuance of the preceding Aft, to enquire into the Claim of certain Creditors of the Royal African Com^ny, &c. viz. till the 12th of January, 1752. This Aft recites the two preceding ones, and in Purfuance of them, that a Sur- P- 773. 774'Vey had been taken of all the Forts and Caftles of the Royal African Company on the Coaft of /IJ'rica, by Captain Thomas Pye, Commander of his Majefty's Ship Humbcr, and of the Quantity, Number, and Quality of Cannon, and their military Stores, Canoe-Men, Caftle Slaves, Canoes, and Veflels, then at each rcfpediw Fort belonging to the faid Royal AJ'rican Company, And whereas the faid Com- pany are willing to furrender all and Angular their Lands, Forts, &c, and ail their Eftate, Property, Interefts, and Effefts whatfoevcr, for fuch Compcnfa- tion and Satisfafticn, and to be applied in fuch Manner as herein after is exprellcii and direfted : Be it therefore enafted, that the Royal African Company of Eng- land, from and after the loth Day of April, 1752, fliall be, and they are hereby abfolutely diverted of, and from their faid Charter, Lands, Forts, Caftles, &c. and all other their Eftate, Property, and Effefts whatlbcvcr ; and that all and every the Britijh Forts, Lands, Caftles, Settlements, and Faftorics, on theCoaitof Africa, beginning at Port Sallee, and extending to the Cape of Good-Hope in- clufive, which were granted to the faid Company by the faid Cliarter, or which have been fince creftcd or purchafed b) t'^c faid Company j and all other the Regions, Countries, Gfc. lying and being within the aforcfaid Limits, and the Iflands iKar adjoining to thole Coafts, and comprehended within the Limits ^ defcribcd (6 GtD. n. 775' G R E A t - 8 R I T A I N. (^c. hs defcribed by the faid Charter, and which now arc* or at any Time heretofoftf have been in the Poflertion of, or claimed by the faid Royal yffrican Company of Eng/ana, together with the Cannon, and other military Stores, Canoe- Men, Qc, at and belonging to the faid Forts, Caftles, &c. fuch Stores as have been made Ufe of in the Service of the Forts, and fuch Canoe-Men and Slaves as may have died lince the taking of the faid Survey, only excepted, and alfo all Con-^ trafts and Agreements, made by, or for, or on the Benalf of the faid Royal African Company, with any of tlie Kings, f rinces, or Natives, SSc. and all other the Property, Eftate, and Effedls whatfoever of the faid Royal African Company, fh:;ll, from and after the faid loth oi April, 1752, be velted in, and the fame jj.c„,rt^ and every of them arc, and is hereby fully and abfolutely vefted in the faid Corpo- P- 777- ration, calle;^ and known by the Name of The Company of Merchants trading to Africa, and their Succeflbrs, treed and abfolutely difcharged of and from all Cliims and Demands of the faid Royal African Company and their Creditors. I'rovided always, that the divefting the faid Royal African Company of their Chii ter, and vefting the before-mentioned Premifes in the faid Company of Mer- chants trading to Africa, fliall not extend to give the faid Company, or their Com- mittee, any other Rights, Privileges, or Powers, than fuch as are given to the! laid Company by the afore recited Adt of 23 Geo. TI. And Bance Ifland, in the River Sierra Leon, with its Forts and Buildings, ap- pearing to belong to Alexander Grant, John Sargent, and Richard Ofwald of Lon~ [hi, Merchants, they (hall continue in the quiet Poffcffion of it, and it ftiall be ablblutely veflcd in them, their Heirs and Afligns ; any Thing herein or in any p. ^^^^ tormcr Ads to the contrary notwithftanding; though with the Provifo, that it (liall never be lawful for them to alienate their Right and Intereft therein to any foreign Perfon. The new Company of Merchants may, with the Confent of the Commiflioners for Trade and Plantations, raife and arm, train and muftcr, fuch military Forces as to them fliall feem requifite and neceffary, and fubjed them to martial Difcipline, fo as the Punifliment does not extend to the Lofs of Life or Limb. They mny alfo ered Courts of Judicature for hearing and determining all P. 778, Caufes on Account of maritime Bargains, (ic. or concerning any Pcrlon rcfiding within the Bounds and Limits aforef?id. Provided nevcrthelefs, that his Majcfly, his Heirs and Succeflbrs, fhall have full Power, at his or their Will and Pleafure, from Time to Time, by his or their Sign Manual, to revoke all fuch Powers which fhall be given to any Perfons for raiiing, arming, and training the military Forces, and all fuch Rules and Regula- tions as ft-uU be given or eftabliflied, and to grant all military Powers on the faid African Coaft, and eftablifli fuch Rules and Regulations as he or they fliall from Time to Time think fit ; and alfo to revoke and repeal all fuch Courts of Juftice as fliall be ereded j and to ered and eftablifli fuch other Courts of Juflicc there, as he or they fliall from Time to Time think fit. And be it further enaded, that all Contrads and Agreements which have been made by the faid Royal African Company with any of the Kings, ^c. on the faid Coafts, and all Deeds, ^c. which did belong to the faid Company, fliall, on or before 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- p pany for their faid Charter, Lands, Forts, Caftles, &c. Be it cnaSied, that out of all or any the Aids or Supplies granted to his Majefty in this Seflion of Parlia- ment, there may, and fliall be applied and paid, the Sum of one hundred and twelve thoufand one hundred and forty-two PoundSj, three Shillings, and three Pence, without Account, to fuch Perfons, and in fuch Proportion, and in fuch Manner as is herein after particularly direded and appointed. That out of the fame Sum of 112,1 42/. y. 3*/. the Commiflioners of his Ma- jefty's TreaAiry, or any three of them for the Time being, do iflue and pay the Sum of one thoufand fi: hundred and ninety-five Pounds and three Shillings, to Richard Edwards nnd Edmund Sawyer, Efqrs. two of the Matters of the High Court of Chance^, and fohn Waple^ Efq. one other of the Mafters, and aJfo Accomptant- ^ 'ilfd"**' II , I' i' W\ ' " >.4 ? li «S C.». II, p. 780. 676 GENERAL COMMERCE OF THE WORLD. AcComptant-Gcncral of the faid Court = being the Commiflioners appointed to examine and ftatc the Claims of the Creditors of the faid Royal African Com- pany, by the 23d of his prefent Majclly, for their Trouble, and in Satisfadtion of the Expcnces of executing the faid CommilTion. And it IS further enafted. That out of the aforefald Sum of 112,142/. 31, w the further Sum of eighty-four thoufand fix hundred and fifty-two Pounds, twelve Shillihgs, and fcven Pence, be diflributcd and paid to the feveral Creditors men- tioned and fct forth in the fecond Schedule to this Aft annexed, in the refpeaivc Sums and Proportions therein mentioned, in full Satisfadion of all and every their Demands. That twenty-three thoufand fix hundred and eighty-eight Pounds, fifteen Shil- lings, and five Pence, be paid and divided to and amongft the Perfons named in the third Schedule to this Adl annexed, in the Sums and Proportions therein men- tioned, being fuch of the Proprietors oi African transferrable Stock as were pel". feffedof thefame on the 31ft Day oi December, in the Year of our Lord 1748, the fame being computed to be at, and after the Rate of ten Pounds per Centum on the faid Stock, fo poflefled by them at that Time, in full of all their Right and Title to the fame, or any Part thereof. That the Sum of two thoufand one hundied and five Pounds, twelve Shillings, and three Pence, Refidue of the faid Sum of 1 12,142/. 3/. 3^. be paid and divided to and amongft the Perfons named in the fourth Schedule to this Aft annexed, the Sums and Proportion therein mentioned, being fuch of the Proprietors of African transferrable Stock as have become poflefled of the fame fince the faid ziftof December, 1748, being computed to be at and after the Rate of five Pounds per Centum on the Stock fo poflefled by them, in full of all their Right and Title to the lame or any Part thereof. And be it further enadted. That from and after the faid loth of April, 1752, the laid Royal African Company ftiall ceafe to be a Corporation, and all Ckims and Demands again ft it, (Sc. are hereby declared to be null and void, &c. p. 781. And that the faid Richard Ed-wards, Edmund Sawyer, and Join fTaple. Efqrs. or fuch other of the Mafters of the High Court of Chancery as may be hereafter appointed, fhall be cotiftituted and appointed Commiflioners for the making out and delivering Certificates to all the Creditors of the faid Royal African Com- ]»ny, and the Proprietors of their Stock in the faid Schedules particularly men- tioned, and for other the Purpofes in this Aft contained, for the Space of two Years, to be computed from the i ft of ^awwary, 1752. And the faid Commif- fioners, or any two of them, are hereby impowered and required with all con- venient Speed to make out, under their Hands, an J to deliver all and every the Creditors of the faid Company, and to the feveral Proprietors of African transferrable Stock, mentioned in the faid feveral Schedules, Certificates of 'vhat is due, or allowed to them refpcftively as aforefaid, end to take proper Receipts for the fame, And in Cafe of any of the Creditors' or Proprietors' Death, or becoming Bank- rupts, the Certificate (hall be delivered to their refpeftive Executors or Af* fignees. P. 781. And be it further enafted. That all the Creditors of the faid Company, and Proprietors of their Stock, on Receipt of the Certificate herein before diredted to he made out and delivered, Ihall, upon their rcfpcdtive corporal Oaths, which the faid Commiflioners arc hereby authoriled to adminiftcr, produce and deliver up to the faid Commiffioners, all and Angular the Bonds, Bills, (Sc. relating lo thtir refpeftive Debts, which at the Time of the Examination of their Claims, or that of receiving the faid Certificate, were, or fliall be, in their Hands, which the laid Commiflioners are hereby impowered and required to cancel and deftryj and the Commiflioners are hereby impowered to ftop and retain the Certificates of fuch as fhall not deliver up the Securities to their Satisfaftion, or as they dial! require. And that the Creditors and Proprietors, or their Executors or Aflignees, flull attend the faid Commiifioners, oa fuch Days and Times, and at fuch Plice, 5 .,...■ -,...,..,. , - . .,^, ^,, .,...„. witliiii GREAT-BRITAIN, &?f 677 yi'ithin the Cities of London or Wejimiujier, as the faid Commiffioners fliall ap- point in the London Gazette. That the Lord High Trcafurer, or any three or more of the CommitHorters, »; C"- '!■ are hereby authorifed and impowered, on Tender to them of the Certificates, to^'^°^' ifluc and pay to the Pcrfons named in tliem> the feveral Sums therein refpcdlively contained. That in Cafe of the Death of any of the Commiffioners, others fliall be ap- pointed by the Lord High Chancellor j and the Commiflioners are hereby re- quired to lay Accounts of their Proceedings before the Parliament. And it is further enadted, that the faid Company of Merchants trading to Africa, and their Succeffors, are hereby required, with all convenient Speed, to fell and difpofe of all the Goods, Wares, and Merchandize of »he faid Royal African Com- pany, which fhall come to the Hands of the faid Company of Mercliants or their Agents, the military Stores, Slaves, Canoes, and Veflels, in the firft Schedule to this hSi annexed, excepted, for the beft Price that can be got for the fame ; and that the faid Company of Merchants do every Seffion of Parliament, until the whole (hall be difpofed of, lay before both Houfes of Parliament, an Account of the Difpofition of the faid Goods, Gfc. And that the faid Commiflioners fliall and may take for each Certificate from the Parties obtaining the famd, a Sum not exceeding the Rate of two Pounds />^r Cint. upon the Money contained therein, where the Sum fliall not be more than one hundred Pounds j and a Sum not exceeding one Pound ^er Cent, where the Money contained therein is above one hundred Pounds, and not exceeding one thoufajid Pounds ; and a Sum not exceeding ten Shillings per Cent, where the Money contained therein docs exceed one thoufand Pounds j which refpedive Sums, and no more, the faid Commiflioners fliall and may demand and take, in full Recompcnce for all Trouble and Expences which they or their Clerks, Cf. 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 African^ '7^^ Company, on the 4th of March 1 747, Robert Myre and William Mills, of London, Merchants, and John Leapidge^ Stationer, with others, were chofen and appointed by the faid Creditors, to folhcit a Satisfaftion for the jufl: Debts due and owing to them i and as it is reafonable that all the faid Creditors fliould contribute to the Charges of fuch Sollicitation, and a proportionable Part of the Expences for ob- taining this and the lail Aft ; every Creditor of the faid Company whofe Name ir, expreffed in the fecond Schedule, fliall pay to the faid Robert Myre, 8cc. or one ot them, a Contribution, at, anr^ after the Rate of two Pounds *fr Centi. upon the Sum in the faid Schedule expreflled, to be by them, the faid Robert Myre, &e. ap- plied in Payment of all fuch Charges and Expences as they have been or fliall be at, G?f . and no one of the faid Creditors fliall have a Certificate of, or for, his or her fiiid Debt or Claim from the faid Commiflioners, until he, or flie, fliall produce to tliem a Note in Writing, under the Hands of the faid Robert Myre, &c. or one of them, expreflingthe Receipt of the faid Contribution. And the faid Robert Myre^ P. 785. &c. fliall, on or before the lOth of May, 1754, or within three Calendar Months next after all the Contributions aforefaid fliall have bee'- paid, if the fame fliall be looner paid, lay and fubmit an Account thereof, and of their Payments and Dif- burlenients, in Writing under their Hands before the faid Commiflioners for their Examination and Allowance ; and fliall difpofe of the Balance then remaining in their Hands, if any, in fuch Manner as the faid Creditors at a general Meeting to be lummoned for that Purpofe by Advertifement in the London Gazette, or the major Part in Value of the Creditors, at fuch Meeting, fliall refolve, agree, or (lireft. And whereas there is a confiderable Sum of Money due to William Newland, the Sollicitor to the Royal African Company, for his Fees, Labour, and Difljurfements, indiverfe Sollicitations on their Account in their general Bufinefs fince the 31ft of Dacmber 1 749 ; and it being jufl: and reafonable that all the Proprietors of th« transferrable Stock of the faid Company fliould contribute to a proportionable Part of the Expences for obtaining the lafl: and prefent Adt, every Proprietor of th- faid Coijipany, whofe Names are exprefled in the third and fourth Schedules tothis 8K Adt f . I 1 i i,lji«M ' \ H K I I 1 I % ,;■ / 1 678 1 1, Gto. II. In III GENERAL COMMERCE OF THE WORLD. A* .»»' 14 (I • ; i V '! 1 . • !;; i. • '■■ ■ I ail i!M.i \n if: \ m !'l m 682 6 Atii, Cap. I-. S. I. S.i. S.3- J \jn. I. C.2I. S.4. S.5. S.6. S.7. s.- GENERAL COMMERCE OF THE WORLD. modatlon with their new Rival, which being for the common ^cnefit of both was fettled under feveral Articles ; and amongft them, that a join: Trade fhould be, for fcvcn Years, carriea on, though with different Stocks and feparate Servants who fometimes adtcd jointly, and at others governed alternately, under the Di- rcdUon of their own Mafters. But this double-headed Government being found inconvenient, and the fcven Years fpun out, it was mutually agreed by the two Companies to form themfelvcs into one, which they accordingly did in ijQr though they could not bring their Fadlurs at all Places into the fame Union till three or four Years after, nor carry on their fiufincls with the Advantages they had Reafon to hope, unaflifled by the Miniilry, whofe Attention was now folcly cn- grofled by the foreign Wars we were then engaged in, and the Company left to take Care of itfelf, by finding out fome xVIeans to obtain fuch favourable Rcgula. tions, as might efFedlually remedy the Inconveniences that had rcfulted from tha uniting two Companies, before fo diftering in their Intereils. And, in Order to obtain fuch a Law as was requifite for this Purpofe, they tempted the Govern- ment by a tendered Loaii of a Million and two hundred thoufand Pounds, extra ^ what was before lent, to grant them fuch Parliamentary Art'illance towards cany- ing on their Trade, as they required, and which incorporated them under the Title of The united Company of Merchants of England, trading to the Eaft- Indies: It likewife ena(5ted, that this Company /hall pay into the Exchequer 1,200,000/. That they may borrow by their common Seal on their united Stock, lb as the Erincipal Money owing do not exceed 1,500,000/. above what might lawfully ave been borrowed before this Adt. In Cafe the general Court of the i-iiA Englijl^ Company fliall think fit, they may call in Monies from their Adventurers, towards raifing the faid 1,200,000/. or tlie repaying the Money borrowed to that Purpofe ; and in Cafe any Member (hall new- led to pay his Share of *.he Monies called in, or which the faid Companies, in Purfuancc of 9 IV. III. Cap. 44. or their Charters, fliall call in for carrying on their Trade, by Notice fixed on the Royal Extbange, London, the Companies may flop the Dividends payable to fuch Member, and apply the fame towards fuch Payment, and alfo ftop the Transfers of the Shares of fuch Defliulter, and charge him with Intereft at 6 per Cent, for the Monies neglefted to be paid ; and if the Principal and Interefl be not paid in three Months, the Company may fell fo much of the Stock of the Defaulter as will pay the fame. The faid 1,200,000/. fliall be deemed an Addition to the Stock of the En^lijh Company and be Tax free. The united Stock of the faid Englijh Company fliall be fubjedt to the Debts contradlcd by the faid Company. The Provifo in 9 fV. III. Cap. 44, and in the Charters of the faid Company fo.' Rcduftion 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 2,000,000/. who have united their Stock to the Corporation's, and who carry on a Trade for their feparate \Jk, may hold their Proportion of the Annuity, is if this Afk. had not been made. But the Englijh Company may affix Notice on the /Joya/ Exchange, of their Intention to repay 7200/. at the End of three Years j and in Cafe the Company pay the fame, and the Annuities at 8 per Cent, for the Ikme, then the faid Stock of 7200/. and Trade, fliall be vefted in the Company. Befides the above Particulars, many others wereenafted, concerning their Stock and Payment of Cuftoms, &c. by the Ads already mentioned, and feveral fuccecd- ing ones j and as it was found in the Beginning of King George the Firft's Reign, riiat feveral Attempts had been made to difcover 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 deftroy the iiiterloping Trade, by inflicting fubfequent Punilhment, on the Infringers or Violators of it. If any of his Majefty's Subjeds fliall repair to, or be in, the Eajl-Indies, or fucli Places of ^Jia, Africa, and America, beyond the Cape of Bona E/peranzM, to the Straits of Magellan, where any Trade of Mcrchandife may be had, contrary to the Laws in being, every Pcrfoo, fo offending, fhall be liable to fuch Punifhmcnt a^ by any Law in being may' be infiidcd for luch an Odence. 6 It G R E A T . B R I T A I N, ^c. t%i t. It diall be ia^yful for the united Company of Merchants of 'England trading to 5 c». I. c. the Eajl-Mies, and their Succellbrs, to arreft fuch Pcrfons within the Limits *'•'*' *• gforefaid, and fend them to England to anfwer for their faid Offence. Every Pcrfon who fliall follicit for, obtain, or aft under any Commiflion from any foreign State, to fail, or trade to the EaJl'Iiidics, £cc. fhall forfeit 500/. If any of his M^efty's Subjedts fhall repair or trade to the Eajl-Indies, or Places 7 c<». I. beyond the Cape 01 Good- Hope, mentioned in former Afts, contrary to any Law in '" **' * being, it fhali be lawful for the Attorney General, or for the united Company trading to the Eajl-Indies, within fix Years, to file in any of the Courts at Weji- minjler. Informations againft fuch Offenders. And, if found guilty, the Court (hall give Judgement againfl him, by Fine and Imprifonment, as it fhall tliink fit, and award the Profecutor Cofls ; but, if the Defendant is acquitted, the Company fhall pay him Cofls. All Contrafts made by any of his Majefly's Subjedts, or in Truft for them, on s. «. the Loan of Monies by Way of Bottomry, on any Ship in the Service of Foreign- ers, and bound to the Eajl-Indtes, £cc. and all Contrafts for fupplying any fuch Ship with Goods or Provifions, and all Copartner fhips relating to any fuch Voy- age, and Agreements for the Wages of Perfons ferving on board any fuch Ships, fhall be void. Every Subjcifl of his Majcfty who fhall go to the EaJl-Indies, &c. contrary to the s. 3. Laws in being, fhall be deemed to have traded there ; and all the Goods there pur- chafed by any fuch Offender, or found in his Cuftody, or in the Cuflody of any other in Truft for him by his Order, fhall be forfeited, and double the Value. All Goods fhipped on board any Ship bound for the Eaji-Indies, &c. except S- 4. 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 on her Voyage homeward before her Arrival, fhall be forfeited, and double the Value ; and the Maflcr, or other Officer, knowingly permitting fuch Goods to be fhipped, or taken out of fuch Ship, fhall forfeit for every Offence 1 000/. and fhall not oe entitled to any Wages ; nor fhall the Company be obliged to pay any Wages to fuch Mafler, &r. but fhall have an Allowance in Rcfjpedl thereof, out of the Monies payable on Account of the Ship. It fhall 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 againfl aiiy Perfons trading to or from the Eajl-Imlies, &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 Bills all Penalties for the Matters in fuch Bill contained j and fuch Perfons fhall pay to his Majefty the Cufloms of the Goods arifing by the faid unlawful Trade, and fhall anfwer to the Company 30/. per Cent, according to the Value thereof in England, and if fuch Offenders pay the Cufloms into his Majefly's Exchequer, and the Damages to the Company, they fhall not be profe- cuted on any other Law for the £ime Offence : And if fuch Bills, exhibited at the Relation of the Company, be difmiffed, the-Company fhall pay full Cofls ; and if a Decree be obtained againfl the Defendants, they fhall pay Cofls to his Majefly and the Relator, &r. If any Subjeft of his Majefty fhall contribute to, or encourage the eftablifhing 9 ^"- '• C. or carrying on any foreign Company trading to the Eajl-Indies, and other Places *''■ ^* '" beyond the Cape of Good Hope, defcribed in former Adts, or fhall be interefled in the Stock or AAions of fuch foreign Company, every Perfon fo offending fhall forfeit his Share in the Stock of any fuch Company, together with treble the Va- lue thereof, (3c. If any Subjedlof his Majefly fhall have accepted of any Truft, or fhall know of s. 4. any Intereft which any of his Majefly's Subjedts fhall have in any fuch foreign Company, and fhall not within fix Months difcover the fame in Writing to the united Company, or their Court of Diredlors, he fhall forfeit treble the ValOe of the Intereft, Qfc. Every Pwfon, who within the Time above limited fhall voluntarily come tc the S. j. Court of Diredtors, and make a Difcovery in Writing, of the Intereft of any of his Majcfty's Subjedts in the Stock of fuch foreign Company, fhall have one half of the I il*^ ' iJ'i ■ . 11: •■ H w r -■ J;t .'^'•Ir ^.. {"■\ 'm. ji;r 664 9 On I.C 8.7^ J. (;.■., II. c, i+. s. +. S.5. S.6. S.8. S. 10 S. >i S.I4 S. ,j bfrhr^RAL COMMERCti OF Til?. WORLD. tlic dear Amount of the Forfeitures arifing by this Ad out of the Eihte of thj Perfons fo intcrcfteci, (^f. If any of his Majefty's Subjcds, other thiln fuch as arc lawfully authorifed, (hall go to or he f«und in the Eajl-indies, the Perfons fo otreniling arc declared to be guilty of a high Crirvtind Mifdeincanour, and may be profccutcd in any Court of lyejlmitijhr i and being convidled, (hall be liable to fuch corporal Punilhment, Im- prifonnient or Fine, as the Court Ihall think fit, (Sc. Perfons fo offending may be feized and brought to England, and any Juftice of Peace may commit them to the next County Gaol, till Security be given by natural- born SubjcAs, to appear in the CoUrt where fuch Profecution flull be commen- ced, and not to depart out of Court, or out of the Kingdom, without Lnve c^' the faid Courts The following Afts principally regard the Company's Stock, with which I fhall finilh the Subjed of their EilabliUiments and Polity, and then proceed to fay fomething of their Trade. The Annuity of 160,060/. (hall be reduced to i jS.ooo/. in Rcfpcd of the Cap!- tal Stock of 3,200,000/. which reduced Ahnuity fliall be charged on the fame Re- venues as their prefcnt Annuity, ^c. On one Year's N''*ice to be given by Parliament after the 25 th of Mtirch, 17^6, and on Repayment of the capital Stock of 3,200,000/. and of all Arrears of their reduced Annuity, their faid Annuity (hall ceafc. Upon one Year's Notice, after the 25th of March, 1736, to be given by Par- liament on Repayment to the Company of any Sum not Icls than 500,000/. in Part of the Capital Stock, and on Payment of ail Arrears, due on their reduced An- nuity J fo much of the faid Annuity, as Ihall bear Proportion to the Monies paid in r. rt, Hiall ccafc. Notwithftanding fuch Redemption, the united Company fliall continue a Body Corporate by the Name of The united Company of Mercbants 0/' England trading t» the Eaft-Indies, and enjoy all Privileges which by former Ads or Charters founded thereon, the Company might enjoy. After Redemption of the faid yearly Fund, or one Moiety thereof, the Company may, by By-Laws to be made in their general Courts, declare what Share in the remaining Stock, ^c. (hall qualify Members to be Dircdors, or to give Votes in any general Court. Notwithftanding fuch Redemption, the Company (liall, fubjed to the Pmifo of Determination herein contained, enjoy the fole Trade to the Eajl -Indies, andaJl Places between the Cape of Good-Hope and the Straits of Magellan ; and if any Subjeds, other than Fadors, &c. of the Company, (liall fail or adventure to the Eaji-Indies, &c. every fuch Offender (liall incur the Lofsof all Ships employed in fuch Trade, &r. with the Guns, and Furniture, and the Goods laden there- on, and double the Value thereof, Gfr. The faid Company (hall have Powers, by any Ads or Charters granted to the Company, not altered by this Ad, difcharged from all Provifoes of Redemption therein contained, for fccuring to them the fole Trade to the Eajl-Iiidies, and for fecuring their Effcds, and governing their Affairs. Provided that upon three Years' Notice to be given by Parliament, after the 25th of March, 1766, and Repayment of the faid Capital Stock of 3,200,000/. and all Arrears of Annuities payable in Refpcd thereof, the Right of the Company to the fole Trade to the Eajt-lndics, &c. (hall ceafe. Nothing in the above Provijb, or in the Charter of tlw 5th of Sept. 10 Will. III. (liall extend to determine the Corporation of the united Company, or to exclude them from carrying on a free Trade to the Eajl-Indies, &c. with their Joint Stock, Csff. in common with other Subjeds of his Majefty. Any Notice in Writing, fignified by the Speaker of the Houie of Commons, Hiall' be deemed proper Notice by Parliament to the Company. The united Company are reftrained from purchafing Hereditaments in Great- Britain, exceeding in the whole the yearly Value of 1 0,000/. . Nothing in tliis Ad (liall prejudice fuch Trade or Navigation within the £ud Limits, as the Houtb-Hea Company are entitled to. ; ' . • . Nothing G R F. A T-B R I T A I W, tic. 08j Nolhihg herein rtiall fuhjcft the Governor and Company of the Merchant) of ) l I i ,1 ti:>' riWf ■m-^ .'«*ASI.„ 6S6 r,F.NF,RAL COMMFRCF. OF THE WORLD. ftjall continue to l>c enjoyed and prartifcd by the (lud Company, for the hcttcr fecurins to them the fcJe and cxchilivc Trade to the Eiift-hiJici, &c. and Cor picvcntiti'' all other his M.ijcdy's Subjcds trading' iliitlirr, and for fccurin^f their l',tfe<5Vfi and covcrninj!; their Aftairs in ail Rdjx;ds, an ctK-chially as if tJic lame things were k-verally repeated in the Body of this Ad j i\\h]ct\ ncvcrtheler* to fiu h Ke.lrittions and Covenant's as arc lontaincd in the faid Acts and Letters I'atcnt now in Force, and not herci>y aUcrcd ; and to the I'rovifo foilowinij, viz. Provided that on tlirec ^'cars' Notice to l>c given hy Parliament, after Mirdt 25, 17^0, and Repayment of the Capital St(M)k of 4,200,000/. and all Arrears of Annuity in Refiicdt thereof, the Company's Right to the fole and exchifivc Trade to the Rii/l-fni/irs and Parts aforrfiiii, ihall lealc and determine, Ciff. The Company's Settlements, and the I'lates they trade to in Pi-r/ia and Imlia^e many, as Gomhrooti, where a laClory was cllahlilhwvl about the Year 161 3, which continued to govern the whole Trade, in Refpedt of the Company, in I'lrjia, till the Diforders in that Country obliged the luitlors to decamp, to the no fm.ill Detriment of the Coinpany's Trade, who carried on a very great one to this Port. Mochti, fitnated at the Entrance of the Rtui S,;t, is a Place where the F.iiglijhm well received, and carry on a very confid^rable Commerce in Cotfee, ©i'. as they do in all tiic adjacent Parts of Ariibui, though with the Rifle of being I'onictimw opprefled by the uiijnft Proceedings of the reigning Princes, and expofcd to the piratical I^tpredators of thofe Parts. Our Factories, Forts, and Settlements, on the Ind'ui'i Coaft, are at Hnm:'; Stvdlh, Si/nit, liomlxiy, Daliul, Ciiricir, •Tdlir/.nry, /Injentro, and Conynwn, ■xW along the CmJI of Malabar \ and turning up to thofe of CotomanJcl, we meet with i'ort St. Gi'orgi; the Principal of our Indiitn Polfeflions. The En^lijh formerly had a Settlement at Matchulipatam, Narfiporc, and fcvcr.1I othLi- Places to the Northward on this Coaft, but were obliged to (juit thtm by tlic Interruption they received to their Trade from the R.ijahi.' Impofitioiis.— Round Carrango Point, in the Bay of that Name, lies Angcrang, where feme £i/j lijh from Vkagapatam fettled in the Year 170S, but the Factory foon withdew, and thereby defeated the projcn with the grcateft Regularity, a proper Provi- lion is made for the Trade of the w hole Gulf froi . the Ganges' Mouth to the . -- ..'s,«^ir. ,t.- -.. ,,;,i iT*qn- ■; i ;..i . :- », ■ ExtrcniitV G R I , A T - B R I T A I N', tfr. I'.xtrctnity of the rciiinfula ot' Miilacca, without any c.vtriordi.vary Expsnce of new Colonics. Our Ka(^torics of M)c'.H i I '1 i 'Si .■ ',, ■•• /i,.''(;^- -1 .: •■ i.-\> , 0/ il: 688 GENERAL COMMERCE OF THE WORLD. Of the South Sea Company. THIS Company, eftabliflied at the latter End of the fcventecntli Century, was feemingly more with a political View of raifing Money for the CJovernncnt's Service than in Expedation otits carrying on any great Trade j as they h :i nLv. leftei^ every flivourable Opportunity for attempting the Conqiieft of foir. l^i cein the Southern Parts oi America, which might have fecured the Means of c.\tcndins only, and from tlie Colonies and Plantations in America belonging to the King ui Great-Britain. By the fame Order of Council, Tobacco is allowed to be imported in Ships belonging to the faid United States, and a Payment of the Duties to be lodged in the King's Warehoufes in the Ports of London, Brijiol, Liverpool, Coics, Whitehaven, Greenock, and Port Glqfgow, in Order to betaken from thence, fub- jed to the Regulations of the Ads of Parliament in Force, refped the vvarchouling of Tobacco^ to be exported toother Countries. And in Order to facilitate the carrying on Trade and Commerce between the People and Territories belonging to the Crown of Great-Britain in the f/'e/l-Mes, including in that Defcription the Babama Ijiands, and the Bermuda or hoimrs Iflands J and the People and Territories belonging to the faid United States oi Ame- rica ; his Majefty is hereby farther pleafed to order, that Pitch, Tar, Turpeiitinc, Hemp, Flax, Mafts, Yards and Bowfprits, Staves, Heading-Boards, Timber, Shingles, and all other Species of Lumber : Horfes, Neat-Cattle, Sheep, Hogs, Poultry, and all other Species of live Stock and live Frovifionr. . Peas, Be.ms, Pota- toes, Wheat, Flour, Bread, Bifcuit, Rice, Oats, Barley, and all other Species of Grain, being the Growth or Produdionofany of thefaid United States of Amaidi, may, until farther Order, be Imported b) Britijh Subjeds, in Brilijh-built Ships, owned by his Majefty's Subjeds, and navigated according to Law, from any , Port of the faid United States in America, to any of his Majefly's U'ejl-Indla Ijlatuis, the Bahama IJlands, and the Bermuda or Somers Ijlands ; and that Rum, bugir. Mtlalies, G R E A T-* R I T A I N, &f. 691 Melafles, Coffee, Cocoa-Nuts, Ginger, and Pimento may, until fuch Order, be Exported by Britifi Subjedls, in BritiJh-buUt Ships, owned by his Majefty's Subjefts, and navigated according to Law, from any of the faid Iflaiids, to any Port or Place within the faid United States, upon Payment of the fame Duties on Exportation, and fubjcdl to the like Rules, Regulations and Securities, as the fame Articles by Law, are or may be fubjcdb and liable to, if exjrorted to uiy Britijl) Colony or Plantation in America ; and the Bonds and Securities hereto- fore required to be taken for fuch Ships carrying fuch Goods, fliall and may be cancelled and difchargcd, upon the like Certificates as are required by the above recited Aft to difcharge any Bond given in Great -Britain for the due landing any other Goods in the faid United States oi America. In the Seffion of Parliament of 1784, the Aft before recited was continued, and has been renewed in the fame Manner annually, to the prcftnt Year 1791. Another Aft paffed to confine for a limited Time, the Trade between the *3 <7«. IlT. Ports of the United States oi America, and his Majefty's Subjefts in the Ifland of ^" '^*5' i^ewfoundland, to Bread, Flour, and live Stock, to be Imported in none but Britijk'built Ships, owned by Britijlo Subiefts and navigated according to Law ; clearing out from the Ports of his Majefty's European Dominions, and furnilhed with aLir nee according to a Form thereunto annexed; and already given in » former Part of this Work. Continues the Aft above recited with thefe Additions : Goods imported into '6 c«. in. i ^ii4>. be Newfoundland contrary to this Aft fhall be forfeited ; and no Licenle fliall granted to any Ship to carry on the faid Trade after iae 30th of June, 1787. The preceding Afts being continued to Apri/ 5th 1789 ; it is further enafted : that L on. Hemp, Sail- Cloth, or other Articles, the Produce of any Place bor- dering on the Ba/tic Sea, which may be exported from Great-Britain, if exported contrary to Law ; or Goods Imported from the Territories of the United States of America, into Great-Britain, not being fuch as are permitted by Law to be Imported, (hall be forfeited. 'Thefe are the prefent fubfifting Laws refpefting our Commerce with the nevjr States of America ; and they have been found fuHiciept to promote a beneficial, increafing Return of Trade in Favour of Great-Britain, without any Commercia} Treaty ; and agaijift the Expediency of making fuch a Treaty, ^at e^ccellent and correft Writer ^nd Ciilculator on the commercial Affairs of Greift-Britflin and Ireland, and of their Trade with the American States, John Lord Shejield, one of the Reprefentativcs in the prefent Parliament for Brijtol, to whom the Editor acknowledges himfelf greatly indebted for much valuable Information, and fome authentic Materials for the Improvement of this Work, offers the following weighty Objeftions. " It is plainly impoflible to make a Commercial Treaty with ^he American States, without giving them fon>e valuable Privilege, for which th^ey have pre- cluded themfelves from making aj> adequate Keti^m. The 'Treaty of Peace, and fubfequent Afts, opened the Ports of Great- Britain zad Irela/fd to theaif in the fame Manner as their Ports were opened to us, when they repealed their reftrai^ng Laws. A briik Trade has already begun, and it is unnecellary to prove on whicb Side the Advantage is, between the Traders who alk for Credit, o^ the 'J'rai^ers who give it. " If the American States had any Thing to grant by any Kind of Commercial Treaty, it may be well doubted, whether they would keep it farther than fuited their Convenience. Befides ; what was foreto^ in the firft Edition of thi« Work *, has now aftually happened. Every Account from America f^ys, tha;C Britijh Manufaftures are felling at a couiiderable Profit, while other European Goods cannot obtain the firft Coft. Every Day's Experience (bews thait this Country, from the Nature and Quality of its Manufaftures, and from the Aiceor dancy it has acquired in Commerce, will command at leaft three Fourths of the American Trade. The American Merchants foUicit a QcanQpqndeace, and beg • Obrervationi on the Commerce of the Amtricm Sutei, By "Joht Lord ShrfiiU, with »n Appendix containiitf Tiblcs of the Importi and Export* uf Griu-Briiain to and from ali Parts from 1700, to xi^i jfc. The Sixth cditian. landm 1784. 8 te C. I. S. 28 Gill. C.5.S, III. •■•vi-tr .ll;f iiio ■ : ■t\\ 4^94 GENERAL COMMEUCE OE THE WORLD. for Credit, becauf.-, while they feci- their own Want of Capital, they know that our Trade-s are more liberal, and our (Joods cheaj)cr and better than any other in Europe. And the only Danger is, not that the Arrcrican Merchants will alk for too few Mannfadliircs, but that they will obtain too inany". Ournoble / uthor, ther. dates the Riilc of giving an cxtenfivc Credit to the People of the United States, \\\\o being impovcrilhcd by an cxpenlive War, which has bequeathed them many Taxes to pay, will not be pundtual in their Remittances at a Time, when they arc aflbciating againft tlie Payment of old Debts. But this well-grounded Objeiftion in 178.,'., when his Work was publiflicd, has been fincc happily removed, by an equitable Change in the Condudt of the United Slata j for having refcinded their former Refolutions, 'hey have lately made large Remit- tantf/>/, we add, from a comparative View of authentic Records, tnat at the Commencement of the Year 1788, Our general Imports and Exports from and to all Ports of the World, ex- ceeded by fome Millions, the Amount of any preceding Year, during the prefent Century. ■-•y'..; The Imports for the Year 1787, amounting, by the declared Value at the Cuftom- Huufe to ----- ^. 17,804,024:16: i The Exports for the lame Year to 18,296,166 : 12 : H -T)j(1 After Ci R 1% A r . B 1< I 1' A I N, tj<. Auci tliis .iiiiple Statement tif the Confeqiicnccs of the v/mc/vVjw Revolution, we proceed, iiccoidinq to the original Plan of our Author IVyiidham Beawer, with the civil and commerii.il Hillory of the feveral Provinces of America; their Growth and Product, Ct. beginning with the Southcrnmoft. 0/ G E O R G I A. ' . i '. ' THIS Settlement lies in the Bounds oi Carolina, as defcribed in their Charter; but having long remained unfettkd, the worthy Projcdors of the Georgia Eilablidiment fixt on this Spot as a proper one for their benevolent Intentions of relieving the Diftrefles of their fellow Creatures, and at the fame Time to make their Relief turn to a publick Advantage. It was with thefe ge lerous Views, that a Set of Gentlemen follicited his late Majefty King George II. for a grant of the uncultivated Lands afore-mentioned, with a free Confent of the Carolinians, to whom this Trad was rather a Burthen than a Benefit, and from whofe Settle- ment they expedted to reap both Security and Advantage. His Majefty, always ready to promote the Good of his Subjects, was gracioudy pleafed to condefcend to their Rcqueft, and by his Letters Patent, bearing Date the <)\hoi June, 1732, did conftitute the Petitioners a Corporation, by the Name of The Trujleesfor ejtabiijljing.the Colony 0/" Georgia in America; with Capacity to purchafe and take Lands, to fue and be fued, (Sc. with the reftraining Claufes, that no Member of the faid Corporation (hould have any Salary, Fee, Pcrquifite, Benefit, or Profit whatfoever, for ading therein, or fhould have any Office, Place, or Employment of Profit whatfoever under the faid Corporation, (^c. They had likewife a Power to make By-Laws, &c. And, amongil other Things, there was granted to the faid Corporation and their Succefilbrs, under the Refervations therein mentioned, fevcti undivided Parts, the whole to be divided into eight equal Parts, of all thofe Lands, Countries, Territories, fituate, lying, and bein|[, in that Part of South Carolina, in America, which lies from the northernmoft Stream of a River there, called the Savannah, along the Sea Coaft to the Southward, unto the moft Southern Stream of a certain great other Water or River, called the Alatamahah ; and Weftward from the Head of the faid Rivers, refpeftively in diredl Lines to the South Seas : To have and to hold the fame to them, &c. for ever, for the better Support of the laid 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 (hall grant, demife, plant, or fettle ; but not to commence until ten Years after fuch Grant, Demife, Planting, or Settling ; and erefted and created the faid Lands, Countries, and Territories, into one independent and fepara"'^ Pro- vince, by the Name of Georgia -, and made the Inhabitants who (hall refide therein, free, and not fubjeft to any of the Laws, Orders, Statutes, or Conftitutions ot South Carolina, except the Commander in Chief of the Militia; and authorized the faid Corporation, for the Term of twenty-five Years from the Date of the faid Let- ters Patent, to form and prepare Laws, Statutes, or Ordinances, for the Govern- ment of the faid Colony not repugnant to the Laws and Statutes of England j to be prefented under their common Seal to his Majefty in Council, for his Appro- bation or Difallowance ; and that the faid Laws fo approved of, (hould be in full Force and Virtue within the faid Province. The Council for the Time being of the laid Corporation were likewife impowered to apply their Money, make Con- trafts, cac. to appoint Officers and Servants, removable at Pleafure; that they might tranfport and convey into the faid Province fuch of his Majefty's Subjefts and Fo- reigners, as are willing to go and inhabit there; and declared all Perfons born within the faid Province, and their Pofterity, to be free Denizens as if they had been born in any of his Majefty's Dominions. The faid Corporation had likewife Power to aflign, transfer, and fet over, fuch particular Portions of the faid Lands, Tene- ments, and Hereditaments, unto fuch of his Majefty's Subjefls and others, willing to live in the faid Colony, upon fuch Terms, and for fuch Eftates, and upon fuch Rents, R.lervations, and Conditions, as the fame might lawfully be granted, and as to the faid Common Council (hould feem fit and proper; provided w Grant (hould be made of any Part of the faid Lands, unto, 9t in "Truft; for, or for the 4 Benefit ilMi ^9S H- ^H % t'n' §. t V:l \m\ n ": il i >\'^m\ I'!' ' «96 GENERAL COMMERCE OF TlIF WORLD. Benefit of, any Member of tlie faid Corporation ; and that no greater Quantity of the faid Lands be granted, either entirely or in Parcels, to, or to the Uleof, oriu Truft for, any one I'erfon, than five hinidreil Acres ; and decl.ueil, that all (;r.iiit3 made contrary to the true Intent and Meaning tliereof, flioiild be abfolutelv null and void. And granted, that the faid Corporation, for the Term of twenty-one Years from the Date of the faid Letters Patent, (hould hive Power to cred and coiiftitute Judicatures and Courts of Record, or other Courts, to lie held in his Majelly's Name, for the Hearing and Determining all Manner of Crimes, Of- fences, Pleas, &c. And it ir, direfted, that all Rents, Ifl'ues, or Profits, which Hiould come to the faid Corporation, ilVuing or arifing out of or from the faid Province, (hould be laid out and applied in i'uch Manner as would moft improve and enlarge the faid Colony, &c. And diredtcd, that the fiid Common Council Ihould from Time to Time, for the faid Term of twenty -one Years, have Power to appoint all fuch Governors, Judges, Magiftrates, Minifters, and Ofiiccrs, civil and military, both by Sea and Land, within the faid Diftridl, as they Ihould think fit and needful for the Government of the faid Colony ; except fuch Oificcrs as fliould be appointed for managing, colledling, and receiving fuch of his Ma- jefty's Revenues as Hiould arifc within the faid Province ; with a Provifo, thjt cvrry Governor fo appointed, Hiould be approved of by his Majefty, and qu.ilify himfelf as other Governors in Armrica are by Law required to do, &c. And th:y have Power to train the Militia, ereft Forts, Gfc. And that they (hall have Poiver to import or export their Goods at or from any Ports that fliould be appointed by his Majefty, within the faid Province, without being obliged to touch at any other Port in South Carolina j and declared, that after the End of the faid twenty- one Years, fuch Form of Government, and making of Laws and Statutes, and Ordinances for the Government of the faid Province and its Inhabitants, (Iwuld be eftdblifhc^ and obferved within the fame, as his Majefty, his Heirs, and Suc- ceflbrs (hould ordain gnd appoint^ agreeable to Law ; and that after the End of the faid twenty-one Years, the Governor, and all Officers civil and inilit iry within the faid Province, (hould be appointed by his Majefty, his Heirs, and SiicctiTjri. In Confequence of this extenfivc Charter, many Nobles and Men of Fortune undertook, in Quality of Truftees, to carry the Defign into Execution, and had, as the Objcd; of their firft Care, the obtaining a fufficicnt Fund for enabling them to fend over a confiderable Body of People, and to provide them with all Kinds of Ncce(rariesj to which they liberally fubfcribed themfelves, obtained confiderable Sums by Colle<5lion from Perfons who v/cre chariubly difpofcd, to forward the Settlement, and, befidcs, procured a Donation from Parliament of 10,000/. The properefl Method was alfo ftudied in making this Settlement, that it might both anfwer the intended Ends of their being fent thither, and alfo contribute as much to the publick Utility »s pofTible j in Order whereto, every Individual vns regarded as a Planter and Soldier, and accordingly furnifhed with Arms for Defence, and Tools for his Hulbandry, whofe \Jk and Exercifc was alfo taught him : It was alfo refolved, that Towns (hould be planned, and Lands appointed for the Sub- fiftance and Conveniency of the Settler, and thefe be held in Tail- Male, as the propereft Tenure in this infant Colony. The Introdu(5tion of Negroes was alfo prohibited for many Reafons. And after thefe Difpofitions were made, and the Truftees enabled by publick and private Benefadions, one hundred and fourteen Souls, Men, Women, and Children, embarked Wirh James Oglethorpe, Efq. one of the Truftees, in November, 1732, and failed for Giro/wj, where they arrived on the 25 th of January following ; and being aftifted by the Governor of Cbarles' Town, and other kind Gentlemen, a Town was marked out, and the firft Houfc begun, ten Miles up the River SavaHnab, on the 9th of February ; after which Mr. Oglethorpe procured all the Aftlftance and Nece(rarie8 he could for his young Colony, fowed and planted a Quantity of Corn, Herbage, and Fruit, made » Treaty with the Indians, and then returned England, in Order to continue his good Offices by procuring the necefTary Supplies to be fent to this Objedof his Care ; and arrived in Safety, in June, 1734, accompanied by feveral of the Inaim Kings and Chiefs, who were endeared to our Countrymen by the kind UlJgc (hewn them here. _.., 6 ^- -^ ■■ --■^- -' '■ Mr. in to oriier a Defence and G R F, A T - B R I T A I N, y^. Mr. O^j/i/'iT^c again embarked, and on the bthoi February, 173 j, arrived with four hunilred and fcvcnty I'crfons, who were fettled on the Ifland of Si. Simon % and in the preceding Month a Parcel of Scotch Highlanders were got there, and eftaMiflied up the River Alatamala, about iixtecn Miles dillant from thi aforcfaid Ifle; they liotij built Towns, the Englifl} calling thcir's Frederica, and the Scots^ Aw lui'cnu'J's : Roads of Communication were made between the Towns of the Bii:t/fj Adventurers and the Indians, and both the North and South Frontiers were rot only fecured by Fortifications, but aifo by an amicable Treaty, concluded with the Spaniards c/' St. Augujiin, which, however, was difapproved of by their Court] ind ' 'le Governors of Cu/>a and Spanijh Florida had Dircdlions to prepare fuch a Foi ~e as they imagined would be fufticient to deftroy our Settlements, as well as Catiliiia as Georgia ; to prevent which, his Majcfty was gracioufly pleafed Regiment of fix hundred effcdlive Men to be fent to Georgia for its Protcftion, and the Truftees allotted each one of them a Parcel ot Land to encourage their good Behaviour. The Parliament ahb now granted them 20,000/. and 26j00o/. at fundry Times afttrwards, for their further Afliftance, which enabled the Truftees to make another Embarkation, and with thcfe repeated Augmentations of People, the Town laid out in this new Colony began to riouri(h. Mr. Oglethorpe was ap- pointed Colonel of the aforefaid Regiment ; and no one conld have been more proper for the Command than he, who only '-.fed his Autliority and Care, to proted that Settlement, which with fo much Fatigue and Alfiduity he had planted; but this Reinforcement did not induce him. to abate any Thing ofthaf Difcipline he had always obferved, but he continued to train his Militia, wim the fame Exercifc and Regularity he had before ufed them to, and, difregarding the Dangers he run, and the Inconveniences he fuffered by travelling in an i\woi\. unknown, uninh-.-.ljited, and confequently an uncultivated Country, he undertook a Journey of five hundred Miles from Frederica, purely to increaie the Services h^; had already rendered the Colonies of Carolina and Georgia, by concluding a new Treaty witli the Indians, and thereby confirming them in the Englijh Intercft, at a Time when the French were ufing their utmoft Efforts to draw them off from it ; thus, to advance and fecure the Happi' ,efs of others, did this worthy Man, with unwearied Diligence, expofe himf.lf to Hazards and Toils, that would have proved unfurmountable to one of a .efs enterprizing Genius and fteady Refolutijn ; but thcfe enabled hiri to ^o in rough even fuch a comfbrtlefs and tirefome Expedition, as this now mentioned. Tlie Number of People fettled in Gcorg'a in the firft eight iears was upwards of two thoufand, which under Mr. Oglethorpe's prudent Condud, in Obeaienceto the wife Rcgulat' ns and Difpolitions of the Truftees, had nov.' acquired Strength fufficient 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 thf, other Governors in that Country received his Majerty's Orders to annoy the Spaniards as much as they could, agreed on an Expedition againrt them at St.AuguJline, in Conjundliun with the FprctJ of Crt- rolina j and though the Plan of their Operations feeroed to be well concerted, it unfortunately mifcarried with the Lofs of many Men and much Money. The Spaniards in Return paid them r. Vifit in the Beginning of y««?, 1742, but met a fignal Repulfe from the Engltfi; 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 him, to the ioimortal Honour both of the Soldiers and their Commander, who obliged the Ei\emy to fo precipitate a Fl';;,!it, as to leave Part of their Baggage, &c. behind them. The General received all the Congratulations and Acknowledgements, fo juftly due to his Bravery, from all our American Governors, and ought to have the fame Incenfe paid him by every Well-Wifher to the Colonies, or indeed Great-Britain itfelf. Tiiis i'rovince is faid to be capable of producing all that Carolina does, thou 'h the Truftees, from an Obfervation that moft of the American Settlements run into a Cultivation of the fame Commodities, recommended a different Practice here, and orili-rcd a large Plantation of Mulberry-Trees to be made, invited thereto by 8 P the 697 1 [■' li.!: ifi I' 5''l i?^ li*- ■ I 't! \A 69S ;l I- GENERAL COMMFRCF. OF TIIF WORID. the Proprk / of the Soil, and . . grceablcncfs of the Clime for nifing Silk, of which a Parcel was brought from thence in 1739, and deemed by competent Judges to be very good ; though what more it may have produced fincc, I nni(t confefs myfelf ignorant, or indeed, of what other Returns it has made to the People's Expcdtations, from the large Sums expended on it ; though, lliould it fall (hort in the Fertility it has been praifed for, and remit but littlu in Ex- change for its Manufactures it takes from hence, the Hftablifhmcnt ouglu to be fupported as an important Frontier, whofe Confequence has been ucmon- ftrated, in the Stand it made againfl the above-mentioned powerful Attack, which might otherwifc have proved of fatal Confcquenrc to fcveral of our Co- lonies. The Exports are calculated at about 74,000/. and the Imports at 49,000/. 0/ C A R O L I N A. THIS Part of the Globe has been pofTcfTed alternately by Spaniards and French and though one of the fined Spots in the World, had by both been delcrtL-d for near a hundred Years, when his Majefty King Charles II. granted it the24tli of March, 1663, to EthoarJEu] of Clarendon, then I^ord High Chancellor, Gnrgt Duke of Albemarle, William Lord Craven, Join Lord Berkley, Anthony Lord Ajhley, Sir George Carteret, Sir William Berkley, and Sir John Collinton, with all Royal Fiflieries, Mines, Power of Life and Limb, and every thinf^ "ii-eirary to an abfolute Propriety, within the Limits of the Patent, and ,vith tlic Ac- knowledgement of twenty Marks yearly ; and this Grant was fccondcd by another about two Years after, that made fomc Alteration in the Boundaries, ami iiitluded both the CaroHnas and the new Province of Gfsrg'/V;. But this HftablKhmcnt not meeting with a Succefs anfwerable to the Proprietor's Expedlations, they alter ftruggling with many Difficulties for the Space of near fixty Years, rcfigned \ of tlieir Grant to the Crown, in Confideration of 17,500/. paid them for it, and the Surrender was confirmed by Aft of Parliament in 1728 ; the other | being therein refcrved to the Right Hon. John Lord Carteret, late Earl of f^raucHle. This Country, as afore-mentioned, is very pleafant and fertile, as the Rithes acquired bythe Inhabitants in a few Years plainly prove ; and the Trade of ir was once 10 confiderablc, that from March 1730, to the fame Time 1731, there failed from Charhs Town, moftly for England, 207 Ships, with 41,957 Barrels of Rice, about ^oolb, wt. each j 1 0,700 Barrels of Pitch ; 2063 of Tar ; and 759 of Turpentine i of Deer Skins 300 Caflcs, containing 8 or 900 each ; befides a vail Quantity of /« a fuficient Number of Mechani«ks to fupply every Want there could poffibly be of them. . Of G R E A T - B R I T A I N, «<•. 699 0/ V I R G I N I A. THIS Country was at firH divided into North and South Virginia, and was ac- cordingly granted by King 7<7w« I. in 1606, to two dillindl Sets of Men, the one to polRls all the Lands, Off. between 34 and 41 Degrees of Latitude, to be called the firft Colony, and the others to have all thofc lying between 38 and 45 Degrees of Latitude, with the Denomination of the fccond Colony j and they immediately fitted out Ships and lent many People there in the fame Year > and though their Eftabliniments were rendered as eafy to them as the Nature of the Thing would pofTibly admit, and their advantageous Situation was very apparcur, yet they could not fubmit to the few Labours and Difficulties attending their firft lettiing, though with the Frofpcdt of Toon obtaining from them a comfortable andcafy Abode, capable of daily Improvements by an honed Induflry, but were continually breaking out into Conun^tions and DifVurbances, which proved rui- nous to the Colony, and their own Deftri.dlioi; » and they were fo contumacious as to riy in the Face of Jufticc ; fo that few of their Governors could fupport th;ir Authority, or bring them into any fettled Order or Difbipline j which was a good Deal owing to the Nature of the Grants made in England by the Patentees, and no fmail Share of it charged on the Company's Mal-Adminidration ; in fo much, that on King Charles L afcending the Throne, he diflblved the Company in 1626, reducing the Country and Government under his own immediate liire^ftion, and granting Patents to particular Adventurers, with the Refcrvn of a Quit-Rent of two Shillings for every hundred Acres. This Refolution of his Majefty's at firft feemcd very agreeable to thofe already fettled, and animated many daily to encreafe their Number -, but old Difcontcnts reviving, and the People proving reftlefs under their Governor's Oppreflions, gave an Inftance of their Refentment, by fending the firft his Majefty had fet over them Prifoner to England, for his Difagreement with his Council, and Violences on the Inhabitants. And the fubfequent Troubles of King Charles's Reign, and CromwelPs Adminiftration, hindered the good Difpofitions from proving elfedual that had befoic been taken for the Colony's Profperify bv their worthy Chief, Sir William Berkley. However, majiy continued Sollicitora for Patents of large Trafts, which has indeed proved very prejudicial to the Country, as it is by this Means that very fcw Towns arc to this Day built in it, and thofe few fo fmall as hardly to be worth naming. It lies from 36" to 39** of North Latitude, and between 74** and 80° of Weftern Longitude, being about two hundred and forty Miles in Length, and near one hundred and twenty in Breadth; divided into twenty-five, fome fay twenty. nine. Counties ; of thefe, the firft is James County, which contains five Pariftiss, and the only two Towns in the Province j and thefe, as I faid before, fo fmall, that the principal called James Town, does not contain above eighty Houfes ; and Wilttamjburgh, though the Seat of Juftice, not above half that Number : The People, if we reckon Men, Women, and Children, andjoin to thefe the Negroes, may amount to about five hundred thoufand, which may reafonably be fuppofed to bring no fmall Advantage to their Mother Country ; as from hence they arc all fupplied with moft of the NeccfTaries of Life ; fuch as Linen, Silks, India Goods, Wine, and other foreign Manufadtures ; and of our home ones. Cloths, Serges, Stuffs, Bays, Hats, and all Sorts of Haberdafliery Ware ; Hoes, Bills, Axes, Nails, Adzes, and other Iron Tools, ; Cloths ready made. Knives, Bifcuit, Flour, Stockings, Shoes, Caps or Servants, and indeed almoft every Thing that is made ia England, to the Amount of near 1,000,000/. Sterling wliith is repaid moftly in Tobacco, of which it is fuppofed, by the niceft Calculators, that near one hun- dred thoufand Hogllieads are, in Times of Peace, imported here yearly, employ- ing between three and four hundred Ships, navigated by upwards of four thou- fand Sailors ; and of thefe, about 60,000 Hogftieads are re-exported for foreign Parts, which, if computed only at 5/. per Hogfhead, makes 3009,000/. befides the Duties not drawn back, and the new Freight it occafions. This i'i-kf. li* ^H ti I W ^ U •■:«f », i i.( 700 GENERAL COMMERCE OF THE WORLD. This Settlement, it is to be ohferved, is only that P.irt of tlic original Grant callal the firll or London Colony ; the other, termed the llconil or Plmvit'h Colony, ihall he fjiolce of when I come to treat of Ni'w-Efig/a/iJ, of which thi-yr were the original I'lantcrs j in the mean Time I proceed, as it comes next in Cuurle, to fpcuk - 0/ M A R Y L A N D. THIS Colony remained a Part of yirginiti, as fcveral others diil till they wire difmembered, which ihall be noted in their projH-r I'liices, till 1672, when King Chtirks \. in the eighth Year of his Reign, granted all the Country to the North of Fotiwmitrk River, not then planted, to CfiHius dilveit Lord Hii/tlmir and his Hciriii which TiaCt was thenceforth called MarylunJ, in Honour of tlic then Queen Confort -, and in Ci)nlei|ueiicc of this Grant, the Proprietor lent over his Urother, with about two hundred Adventurers, to take PoHcdion of thei- Limits, and to make a Settlement ; which they tirll did in an ///.//./// Town, cal- led afterwards St, Mary's, on the River Vuto-wnuuk, and near the Mouth of that they chriftcncd Ht. George's. i'his foon became a rtourilhing Colony, though the Btiltimore Family was de- prived of its CJovcrriment during the Civil Wars ; but King Charks 11. 's Rcllo- ration proved that of the Proprietor's j as his Majefty, on coming to the Throne, reinrtated him in all his Privileges. The Province is fituated between 38'' and 40" of Northern Latitude, and be- tween 75° and fio'' of Weftcrn Longitude; abounding, as Virginia A^yc^, inline Springs and Rivers ; fo that, like the Virginians, they can bring the Ships up to their very Doors : It is divided into ten Counties, though it has very fine Towns, the fame Humour of living on their own Plantations prevailing among tlie Gen- try here, as was before oblerved to reign among their above-mentioned Neigh- bours. The Soil and Produdls of this Country arc fimilar to thofc of Virginu:, and the Natives here imitate the others' Management, in confining their Iluibaiu'ry to the Cultivation of Tobacco only, of which it is fuppofed they now produce as much as Virginia does, though the Quality to the Englij): Tarte is inferior to tne other, it being Itrongcr than the fweet-fcented Leaf gathered on the Borders of Jam:! and Tork Rivers ; however, tliis Circumllance gives it a Preference every where in the North, to which Part of the World we generally fend it: The Inhabitants may be about 30,000, who are fupplied with Neccffaries from hence in the ijinc Manner Virginia is, fo that a Catalogue of them need not be repeated here. , : . > 0/ N E W-Y O R K. , : .. THIS, like the laft-mentioned Province, was a Part of Virginia, and became o'>r's under the double Right of Difcovery and Conqueft ; the firft by Cakt, and the latter ftom the Dutch, who had fettled here, and held it by an ille^'al Title, and therefore the Englijh have retained it ever fince its Recovery at the Beginning of the Dutch War. It is about two hundred Miles in Length, though generally very narrow, well repleniihed with Provifions and Farms, which occa- fions it having few large Towns j the Capital New-Torlk City, however, i? very confiderable for this Part of the World, as it contains upwards of a thoufand weil- built Houfes of Stone and Brick, befides commodious Quays and Warehoufes on its excellent Harbour, where fome hundreds of Ships and VefTels arc employed ia the foreign Trade and Fiflieries from hence carried on to Madeira and the Azores, where they fend Pipe-Staves and Filh, returning with Wine and Brandy, to their very great Advantage { and to all our Sugar Illands, more cfpccially Barbados, tliey fend Corn, Flour, Bread, Beef, pickled and fmoaked Pork, Peas, Bacon, Apples, Onions, Board, and Pipe-Staves ; for which they bring back Sugar, Me- lalles. Rum, Ginger, &c. And the Agents for this Province, in their Conteft with the Sugar Plantations, affirmed, that their Winters being fevcrc, obliged them to take off more of the Woolen Manufadlures of this Kingdom, for which they remitted Gold and Silver, than all the Iflands, Jamaica excepted, put toge- ther, and wiiich I believe has remained uncontradicted. 6 At G R I- A T - B R I 1- A I N, (Jc. roj At our hccomiii;» Martcrs of this Country, it was fu pinl; Hut the Cliino and Soil have proved liii-h povvcrt lurcrs, lliat tlitir Number is fuiipofcil now to In- Avellcu uj .lu.tjoo. Utlore the Ji.'hriiiHi War, the Hvjjorts from this Province, upon an Average nf liirec Years, anuiunted annually to 526,00c/. and their Imports from Gnat- Britain to 531,000/. 00,000. 0/ PENNSYLVANIA. ADMIRAL P^nn, afterwards Sir /^////rfw, rendered himfclffmous by the Con- quell, with Col. r,ii,i//i-s, of yiimniiii i and endeared himliilf to everyone fiTvinn under hiin, by hi» uiKillcdted Modtfty, and other engaging Qualititations and Virtues ; thcic, .mil iiis great Abilities in maritime Affairs likcwife, placed him in a very high Degree of F.lK-em and Credit both with King Chutks II. ^and ))is Uoy.d HrotlKT, which drew from the former a piomifed CJrant of this /inif- riuin Territory, in Reward of his pall Service to the Crown ; but he dying before its Confirmation, and his Son not applying for it till fume V ears after, the Patent hears Date only from the 4th of M(in/>, 1680, containing all that Tradtof Land ill yhnnicd, with all the lllands belnnj^ing to it, from the iieginning of the .|oth llei^rie of North J .atitudc to th;; 43d Degree, (Sc. Tliis was tlie Limitation of the lirlt Grant; but Mr. Pcnii having afterwards obtained an Addition from AVw- Yoik, tile whole Territory of Ptun/j/vania now runs three hundred and thirty Miles in Length, and about two hundred in Breadth, being dillinguilhcd by this Denomination in both the Patents. Ihcrc were but few Ku^lijh when Mr. Venn lent over the firft Adventurers, who li;ui accompanying them a (Jovernor of his appointing, to whom the Swedes and Dufc/i that remained very readily fubmitted ; but he afterwards went in Per- Ibn to Icttlc the Conilitution he had procured to be drawn up by that great Law- yer, Sir H'illiiim Jones, and to make Agreements with the Indian Princes. The Air is ferene ami pleaiant, the Soil generally fertile, and every Thing growing here in great Abundance and Plenty. The Towns arc large and numerous, well fituatcd for Ti lie, and populous; infomuch that the Capital, Philadelphia, is now fiipjwfeil I conrain fifteen thoufat.d Inhabitants, by which the Number of I'cople in tiiis Houridiing Colony may be guclfed at, though it svould be difHcult toafeertain them. The Merchandize which Pennfylvania furnifhes for its Commerce with Europe and America, confifts in Horfes, Pipe-Staves, Pork, Beef, and Fifh falted and bar- relled up. Skins and Furs; all Sorts of Giin, vi-z. Wheat, Rye, Peas, Oats, Barley, Buck-Wheat, Indian Corn, Indian Peas and Beans, Pot Arties, Wax, Gfc. And in Return for thefc they import from the Carihhee Iflands, ^c. Rum, Su- gar, Melalfes, Silver, Negroes, Salt, and Wine; and from Great-Britain, Houfe- hold Goods, Clothing of all Sorts, Hardware, Tools, and Toys. They alfo grow I'oine Rice, and a little Tobacco of the worft Sort; and their Trade with the Indians is confined to a few Articles ; they receiving from them only Furs and Skins, and giving them in Return, fome Clothing, Arms Ammunition, Rum, and other Spirits. Thi Amount of the Commodities exported from Great-Britain, before the War, was upon an Average of three Years, valued at 61 1,000/. and thofe export- ed to Great-Britain, including Ships built there for Sale in England, are cflimated at 705,500/. 0/ r-6«r J E R 8 E Y S. . . , npHESE fell under the Domini'^n of the Crown at the fame Time that New- ■*• Tork did, and with that compoled the Province of Nova Bclgia, taken from the Dutch, as before- mentioned, and all were included in the Grant made by King Cbarli's II. to his Brother the Duke of Tork ; who inverted this Part of it by the Name of A^o"jd Caneria, in Jjhn Lord Berkley, and S'l'c peorge Carteret, and they or their Ailigns agreed to divide it, with the Denomination of Eajl and Weji New 'Jtrjtys; the firft falling to the Share of Sir George, as the latter did to his Lord- 8 Q^ flupi 1" .■.»M Wu m i^i * ^Oi ir!;.! GENERAL COMMERCE OF THE WORLD. (liip ; and both being parcelled cut into different Proprietaries, were unaniinoufly refigned up to herMajcfty Queen yinne, on the zz^otjipril, 1702, and havcbetn ever fince governed by Royal Authority : They have fevcral well-built Towns in them, commodioufly fituated for Trade, as Ships of two or three hundred Tons may come up to the Merchants' Houfes in divers of them. The Country yi^Us Plenty of all Sorts of Grain, with which they fupply the Sugar Iflands, ami bclides this drives fome Trade in Furs, Skins, and a little Tobacco j they lilvtwiff (Jiip fome Train Oil, Fidi, Corn, (Sc. for Portugal, Spain, and the Canariis, xhonvk Neiv^Tork is their principal Mariict, cither for fupplying themfelvcs with, ordil". pofing of their Commodities. The Inhabitants are computed to be about 100,000, but they carry on little or no foreign Trade, owing to the vicinity of the Ji'rjiyf to the great commer- cial Cities of Philadelphia and Nnv-Tork, by wliich they were fupplied with Mer- chandize from Britain, and maku Returns in Wheat, Lumber, and utlier native Produfts. ! . : . ' . 0/ N E W - E N G L A N D. IN my Defcription of Virginia, I gave an Account only of the firft or Londn Company, referring my Readers for the Succefs of the fccond or Plymouth Company's Expedition, to this Place, which I (hall now give. Thefe Adventurers contented themfelves for fome Years, with the Trade of Furs with the Natives of North Virginia, and filhing on that Coaft, in whjcli two Ships were employed io early as the Year 1614, commanded by the famous Capt. yohn Smith, and Capt. 'Thomas Hunt, the former of which landed, and took a par- ticular View of the Country of the Maffachufets, by which he was drawn into i'e- veral Skirmilhos with the Natives j and afterwards returning to England, lie left Orders with Hunt to proceed in his Ship, with the Fifli taken, to Spain ; but this ungenerous Man, not content with his finn^ Treafurc, and ftimulatcd by an avaricious defirc of Gain, took fuch iniquitous Steps to procure it, as proved of fetal Confequence to the infant Colony ; for as foon as Capt. Smith was departed, he enticed twenty-fevcn of the innocent Indians aboard, and carried them witli his Cargo to Malaga, where he fold them at 20/. a Head. This Outrage was refented by the Indians in fuch a Manner as might juftly be expedted ; they broke off all Communication with the Colony, fo tliat an entire Stop was put to the little they before carried on, and their Endeavours for Revenge were exerted on fevcral future Occafions. And repeated Difappointments occurring by thefe Dif- agrecments, the Patentees were difcouraged from profecuting their intended Settlements, and gave up all Thoughts of making them. However, other Ad- Tenturers carried on a Trade to New -England -, and a Congregation of Lidtpm- detits who had iled from thence to Holland on Account of their Religion, under Mr. John Robin/on their Minifter, now meditated another Remove, and deter- mined on changing their Clune once more, from an European to an Jmericm ; flattered with the Hopes of finding an jifylnm in the latter, which was denied them in the former. And they accordingly procured a Grant for their Settle- ment on Hv*l'on% River, where, however, they never arrived ; but either Cbnce, or Treachery, as fome fuppoie, having driven them to N$v)-England, in the Lati- tude of 42° North, they there landed, and built themfelves a Town, which they c;Uled New Plymouth, being about a hundred Souls in all, Men, Women, and Children, of which a great Part died the firft Winter. However, new Recruits continually fuccecding, they began to grow powerful, and became a flourifhing Colony J and this led them to refleft feriouily on the Nature of their prefcnt Settle- ment, which they knew to be precarious, as they were not only without a Patent cr Grant to fecure them in the PofTeiTions they now enjoyed, but held them con- trary to the Rights of the Norh Virginia, or New-England Company. In Order, tiicreforc, to eftablifli themfelves on a better footing, they commillioned one of their Number, in the Year 1624, to foUicit a Charter for them, which he fuccefsfully jK-rformed, and obtained one more favourable than their moft fanguine Expedi- tions could make them hojjefor; they being thereby enabled to cledt a Gover- nor, Council, and Magiftratcs, and to make Laws, provided they were.no Ways 6 oppoi'iK !ti G R E A T - B R I T A 1 N, y^ oppoiite to our's, or in any Rcfped encroached on the Crown's Prerogative : Thus the fiift Settlement in this large and fertile Country was confirmed ; and this ani- mated others to take the fame Steps ; of which I fliall give fomc Account in as brief a Manner as poiVible. In 1625, Mr. pyhite oi Derchcftcr, another Minifter of the fame Perfuafion with the before-mentioned, being animated by his Siiccefs, determined to follow his Steps, in Hopes of the fame good Fortune ; and accordingly procured a Grant from the North-Virginia Company, to divers therein mentioned, of all that Part of New- England, which lies between the great River Merimack and Charles River, Gfc . and obtained a Patent from King Charles I. to hold the fan>e j which was enlarged by a new one, 1628, with ftill greater Privileges than in thofe ceded to the Nev> Ply- mouth Colony, and by whom Charles Town, Dorcbejier, and Bojion, the Capita!, were lucceflivcly built ; and from thcfc a Colony was detached, to fettle on Con^ niBicut River j which afterwards obtained a Grar.t for themfelves, with Privileges fimilar to thofe already fpoken of. After thcle, New-Haven was built, and the Country fettled ; and whilft tliis was tranfading in the South-Weji Parts rti New England, thofe in the Nortb-Ea/i were not negledted ; for thefe Coafts having for fomc Time been frequented, for the Advantages of Fifl " j and the Fur Trade, encouraged thofe concerned therein to attempt an Eftablilhment ; which they fuccecdcd in fb mucli to their Satisfu<5tion, as in a few Years to fettle the two Counties of New- Hampjhire and Main, for which they obtained a Charter; but as Feu. s and Divifions prcvailtd among them, they again religned it, in 1684, to the Crown, where the Property has ever fince remained. And if any one refledts on the fwift Progrefs made in the Settlements, that in about twenty Years they had built twice as many Towns, cultivated a large Tradl of Land, and fettled a tolerable good Trade, Jie muft allow them to have been unccinntotdy indiiflrious, more efpecially, if he confiderji the many Didiculties they had all along to ftrugglc with. New-England at prefent comprehends four very confiderable Governments, viz. MaJJa.buf'ts, which with New-Plymouth and the Main, arc now included in one Charter; N.-rc-lLimpjhire ftill remaining feparatej ConmSicut, comprehending aifo New-Haven ; and Rhode-IJland, with Providence Plantation. The whole Country extending from 41 to 45 Degrees of North Latitude, and from 67 to 73 Degrees of Wcftcrn Longitude, abounding with Plenty of Fifh, Fowl, Fruit, Grain, and Herbag'j} it is likewifc replete with many fine Rivers, and its In- habitants arc very numerous. Its Commerce is very confiderable, being fpread all over America, and to feveral Parts in Europe : Our Sugar Colonies are from hence fupplied with Fifli, Cattle, Corn, Apples, Butter, Cheefe, Oil, Tallow, Boards, Hoops, Pipe-Staves, Skins, Bark, Turpentine, ©"f. and thefe in fuch vaft Abundance, that the Ifland oi'Bar-- hadoes only is computed to take off the Value of tvvja hundred thoufand Pounds yearly : They alfo deal with the other Sugar Colonies ; fometimes with the French, more witii tlie Spaniards ; and their Exportation of Fifh for Portugal, Spain, and Italy, is greater than from any Part except New/bun^iland— 'From hence they take all Kinds of Mercery Goods, Linens, Stockings, Shoes, Sail Cloth, Cordage, Ha- bcrdafliery Ware, and a vaft many other Things : In Return, they build for us a prodigious Number of Ships, and fupply us with Pig and Bar Iron, Pitch, Tar, Turpentine, Skins, Furs, Oil, Whale Fins, Logwood, and other Commodities, bcfides a great Quantity of Mafts, Yards, and Plank, for the Royal Navy j and as I cannot pretend to make a Calculation myfelf of the Advantages accruing to us from this Trade, I fliall adopt Sir Jo/iab Child's Words on this Subjedl, to convey to my Reader an Idea of the Greatnefs of them. " To do Right, " fays he, to that induftrious Engtijh Colony, fpcaking of New-England, I muft " confcCs, that though we loie by their unlimited Trie with other foreign " Plantations, yet we arc very great Gainers by their diredl Trade to and from " Old England. Our yearly Exportations of Englijb Manufadures, Malt, and " other Goods from hence thitlier, amounting, in my Opinion, to ten Times " the Value of what is imported from thence ; whicli Calculation I do not make " ai Random, but upon mature Confidcration ; and [>eradvcr.ture upon as much " Experience of this very Trade, as any other Pcrlbn will pretend to do, C^c," 70J ■•' '^1^ U\.s lit *:;ii it I ' M^- '■■ ! ' - '.r-'i '■ ■ % ■ r. f i • 1 70* GENERAL COMMERCE OF THE WORLD. It was computed, before the unfortunate Revolt of the Thirteen Provinces from tlie Mother-Country, that the Amount of the Englijh Manufadtures ami of hidia Goods fent into this Colony from Great-Britain, was not lei's, upon an Average of three Years, than 395,000/. Our Imports in Value, (sc. Coi;)_ modities for home Confumption, and for Exportation to the European Markets were calculated at 370,500/. ■ • 0/ N O V A - S C O T I A. NO Part of our American Settlements has occafioned more Contefts than tliii, or has fo often changed Mailers j having been fcveral Times alternately pofleffed by French and Englijh, though our Title to it is founded on Caku Difcoveries, and was therefore originally regarded as a Part of North-VirTiuiu and as fuch, within the Charier of the iVeJlern Company, who gave ftrid Ordero to tliofe in their Service, by all Means to prevent foreign Nations from fettling in their 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 "i'ears before the Englijh Adventurers arrived in that Country ; and b.-ing infornied by the Indians, that fome white Men had fettled farther North, iicr went, and found a Fort built, with a French Ship riding at Anchor befort.' it, both whitli he took ; and the French afterwards cancelled their Patent from tlic Kin:' ; and acquainted him of another Settlement made by their Countrymen at a Plate tiVy had named Port-Royal, in the Bay on the South-weft of Acadia, which he alio went to, and reduced it. When Sir Ferdinand Gorges was Prefident of the New-England (Jompany, he propofed to Sir IVilliam Alexander to procure a particular Grant for the Laiiii u the Northward of their Patent, who accordingly applied for and obtained it ot King James I. in 162 1 ; and the next Year fent a Ship with Palfengcrs, to plant and fettle there j but it being late in the Seafon, they were forced to wintir in Newfoundland, and to wait tiie Spring's Riitiirii before they could get away, wliich tliey effefted as foon as the Weather would permit it, and proccedvid on their Voyage till they happily concluded it, and landed in what they afterwards called Luke's-Bay, and Sir IVilliam Alexander having publiHied a Book, with the i3efcrip- tion of the Country, placed it in fo tempting a Light, that his Sovereign created a new Order, called the Knights of Nova-Scotia, purely to facilitate its Plantation. • This projected Settlement, however, proved abortive j and there was afterwards another Grant made of the Northern Part of this Country, to Sir David Kirk, from whom the French King bought it, or at Icaft contradted to give him 5000/. for it ; and Sir JVilliam Alexander, fomc Years after, fold his Property to Claude de la Tour, a French Nobleman ; which plainly proves that the Rights and Titles by which they held them were acknowledged by that Nation. Oliver Cromwell, in 1654, fent Major Sedgwick to diflodge the French from Port-Royal, which he cfftdted, and took Polfeffion of the ixid Tradl of Land ; on which Charles de St. EJlina, I believe it Ihould be Fjlienne, Son and Heir to Cliude de la Tour, came to England, and on making out his Claim under Sir William Alexander, then Earl of Sterling, Cromwell allowed it. On the 20th of Sept. 1656, the faid Charles de St. EJlina fold and conveyed his Property in the faid Country to Sir Thomas Temple and IVilliam Brown, who divided the faid 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 Territory mentioned therein, but for the Government thereof during his natural Life, and the Ible Monopoly of the Fifhery and Trade with the Indians, By the Treaty of Breda, in 1 667, this Land was ag-ain ceded to the Frenrb ; and in 1670, the Polfeffion was delivered to them by Sir Thomas, in Virtue of ihe fud Treaty, and in Obedience to exprcfs Orders from the Earl of Arlington, then Secretary of State, though he never conveyed his Right to the Lands, nor ever received a fingle Farthing of 16,200/. Sterling tiiea ftipulated to be paid to him ill .. .5 GREAT-BRITAIN, y^ in Recompence of his Diftjurfemcnts for building Forts, maintaining Gnrrilons, and the Debts due to him from the Natives, though much follicited for, both at the Courts of England and France, In 1690, on the 28th of April, Sir William Vhipps having, by Order of the Majfachufct' s Government, fet forward on an Expedition for the P.cdudtion of this Country, fuccecded therein ; and having difpofTelfed the French thereof, and appointed a Governor, he returned to New-England on the 30th of May following, and the Engli/h remained Mafters of it till 1 697, when by the Treaty of Rijwick, it was once more reftored to the French. In 1 710, it was again reconquered by the Forces of Queen Anne, fent from hence and New-England, under the Command of General Nicholfon ; and by the Treaty of Utrecht, in 1712, was yielded up to Great-Britain, and has ever fir.ce continued in the Poflcflion of this Crown, having been conftantly garrifoned by a Regiment of Soldiers, till its late Settlement augmented the Number of thefe, us well as of its Inhabitants. Sir Thomas temple died on or about the 27th oi March, 1674, at Brentford in. Uiddkfex, leaving his Nephew, John Nelfon, Efq. of Bojion in New -England, his Heir and fole adling Executor to his Will j who by Deed, bearing Date the 15th di April, i7.'?i> fold and conveyed all his Right, Title. Claim, &c. in and to the faid Lands, Debts, Rent, &c. to Samuel Waldo, Efq. of BoJlon aforefaid ; of which the faid Samuel Waldo afterwards fold and conveyed an undivided Moiety to me. And as we were confcious 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 Dedudtion of our Title, we Ihould have ar^ Impediment to fo neceflary a Work, pregnant with innumerable Advantages to the Nation. However, left our Right fhould be in future con- tefted, on Account of the aforefaid feveral Treaties and Changes of Poffeffion, we humbly intreated his Majefty, about thirteen years ago, to confirm our Grant, or to give us a new one j which Petition he was gracioufly pleafed to refer to a Committee of Council, and the Committee referred it to the Confideration of the Attorney and Solicitor General ; which being juft before the breaking out of the War of 1755, this Occurrence made us defift from preffing the Affair : But all Pretenfions to this Colony having been formally renounced on the Part of France, by the IV th Article of the Peace of Verfailles, in 1763, »yur Title to Nova-Scotia is now confirmed beyond Difpute. 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 Rivers, which, like its Coafts are full of various Kinds of Fifli ; more eipecially Salmon, Sturgeon, Herrings, Cod, and Whales j and befides thefe, the Province is ena- ble of producing Hemp, Flax, Mafls, Iron, and all 'the naval Stores, extra of Furs, Oil, Whalebone, and Poor-jack j it can alfo as conveniently as any other fupply the Sugar Colonies with Provifions, Boards, Staves, Off. and confeqiieutly, under proper Encouragement, foon ber .me capable of taking off large Quantities of Brttijh Manufactures, and in Time prove a valuable Eflablifhment to its Mo- ther Country. In the Year 1 749, a Town was built in this Colony, and called Hallifax, in Honour of the Earl of Hnllifax, the noble Patron of the Undertaking, wlio then prelmed at the Board of Trade. By the Goodnefs of its Harbour, and its con- venient Situation for Britijh Men of War to winter in, together with tl Protec- tion it affords to the Cod Fifhery, this bids fair to be one of the mofl confider- able Towns in North- America, notwithflanding its Northern Climate ; being free from Ice the whole Winter. The Number of Inhabitants is computed at 16,000, who carry on a confider- able Trade in Furs and naval Stores, which, with their Fifhery, and the internal Circulation by the Refidence of a Governor and a Garrifor, confifling of three Regiments of regular Forces, renders it a very flouri Ti'n^ Place. Annapolis, a Town of lefs Note, is famous for its fine Bay in which a thoufand Sail of Ships may ride at Anchor in Safety. 7<=5 I] I' • m 1 1 J ! i-'i f m. ft'; .. ^ r ,1'' p I 8 R The 7o6 m GENERAL COMMERCE Of THE WORLD. The Exports from Great-Britain to this Country, confift chiefly in Woolen d Linen Cloth, and other Articles of Cjothing ; Fiftiing-Tackle, and Rigging and . „ _ for Ships. The Imports, confifting of Timber, Fins, and Fifli. . . 0/ tie IflanJs of CmtpeBrtton and St. John. THESE two Iflands belonged to the French, but were taken from them h the Year 1758, by the Eng/ijh Fleet and Army commanded by Admiral Bofcawen and General Amherji ; and ceded to us by the following Treaty of 1763. The principal Advantage of thefe Iflands is their Situation for the Cod Fifhery, which throws the whole of that invaluable Trade into the Hands of the Englijh, calculated by fome at fo large a Sum as eight hundred thoufand Pounds ;>cr^«. num Profit, employing at leaft 1500 Ships, exclufive of large Boats. At the fame Time thefe Iflands were taken, the French Neutrals, as the)- were called, came from Nova-Scotia to our more Southern Settlements, by which that lately fettled Colony is fecured from Inroads both from them and the Indians, 0/ CAN AD A. . ; ■■ IN the Year 1759, General ff^o/fe and Admiral Saunders being fent with an Army and Fleet from Great-Britain to attack this very confiderable Settlement of the French, their Arms were blefled with fuch Succefs that they made them- felvcs Matters of the City of Rebeck, the Capital of that Country, fituated on the River St. Laurence. At the fame Time General Amherji, the Conqueror of Louijburgh the Year before, with Sir Wiliiam John/on, and a largrf Army of Regu. lars from England, Provincials, and Indians, marched againfl the French Settle- ments at Crown Point, Ticonderoga, and Niagara ; the two firft of which were abandoned on the Approach of General Amherji ; but Winter coming on, pre- vented his proceeding to Montreal, and thereby making a Jundtion with General WolJ'e. While this was doing. Sir William John/on befieged Niagara ; and an Ar- my of French and Indians coming to raife the Siege, he entirely defeated them, on which the Place furrendered. General Forbes marched with another Army to attack Fort Du Sluefne on the Ohio, which the French fet on Fire and abandoned on his Approach. This finiihed the Operations in this Country for the Year 1759. In the beginning of the following Year 1 760, the French from Montreal attacked the new Conqueft of Sfuebeck j but raifed the Siege on the Arrival of the Englifi Fleet, abandoning their Tents, Baggage, Artillery, Gfc. On the Approach of Summer, General Amherji proceeded with his Plan for the entire Conqu-iil of this Country ; and notwithftanding the Difficulty of bringing up Artillery and fup- plying an Army with Provifions at fo confiderable a Diftance from the back Settle- ments "jf our Colonies, he arrived at Montreal in the Beginning of Septimier, where he was joined by General Murray from Rebeck. The Day General Mw' ray arrived. Articles of Capitulation were agreed on between General Amherji and the Marquis Vaudreuil, Commander in Chief of the French Troops in that Coun- try, and Governor General of the Colony, for the Surrender not only of Montreal, but of all Canada j of which Country, with all its Dependencies, the IVth Ar- ticle of the Treaty of Peace following, gave us the entire Property, and thereby fecured our other Colonies from the continued Dread of the Inroads made by fuch troublefome Neighbours behind them. This Country is of a prodigious Extent, and by its large Lakes and Rivers,, formed for the greateft inland Navigation in the World. The French Inhabi- tants, who remain in the Country and enjoy their Eftates, amount to near 100,000. Since Great-Britain became pofleffed of Canada, her Commerce with that Country employs 34 Ships, and 400 Seamen. Their Exports, upon an Average of three Years, in Skins, Furs, Ginfeng, Snake-Root, Capillaire, and Wheat, amount to 1 50,500/. Their Imports from Great-Britain, in a Variety of Ar- ticles, are computed at nearly the fame. The Importance and Value of this improveable Trade is felf-evident j for Canada fupplies us with unmanufaftured Materials, indifpcnfably neceflary in many Articles of our Commerce, and takes in ! liH «p\ G R E A 1 - B R I T A I K, fj?f . in Exchange tlie Manufadures of our own Country, or the Produce of our other Settlements in the Eafi and IVfJl-Indies. I have now done with our Settlements on the Continent, and Hiall next fpeak of our Jmerican Iflands, equally beneficial to this Kingdom with the Eftabliih- ments whofe Trade I have jufl now defcribed ; and Hiall begin with thofe called the Caribhee or Antilles ; and of thefe the principal is B A R B A D O E S, WHICH wai primarily granted by King Charles I. on his coming to the Crown, to James Earl of CartiJU, who having fold fome Parcels to ieveral Advnturers, they tranfported themfelves thither ; and the firft Improvement they attempted was planting Tobaccc ; but this not fucceeding according to Expedation, they proceeded to try Cotton and Indigo, which afforded them much better Re- turns. But I find they mad; little or no Sugar till 1647, when the-Colonels Mo- dif'ord, Drax, and JValrond, and feveral other Cavaliers, were induced, by their uneafy Situation in England under the Ufurper, to convert their Eflates into Money, and fcek a quiet Recefs in 'las fertile Ifle, carrying with them fuch Im- plements and Machines as were proper for Sugar-Works, which they intended to propagate, as feemingly the Commodity beft adapted to the Soil, and in which Experience has proved they were not deceived ; for it is faid, that Colonel Drax in a few Year? acquired an Eftate of 7 or 8000/. per Annum, and married the then Proprietor's, the Earl of Carlijle's, Daughter. The Increafe of its Riches and Inhabitants was a Con&quence of the Soil's Fer- tility, and a Reward of the Planters' Induflry, and I believe is unparalelled by any Settlement, of any Nation whatfoever; as, in 1626, this Country was fo far from being fettled, thaX it was quite uninhabited, affording nothing for the Sup- port of Life, and overgrown with Shrubs and Bufhes, enoiwh to difcourage the Attempts of the firfl Planters to clear it ; yet, in the Space of fifty Years, this In- cumbrance was quite deftroyed, and by an exad Calculation there were in the Ifland at this Period fifty thoufand white People, of whom twenty thoufand were able to bear Arms, and e^hty thoufand Negroes s a furprizing Populoufnefs onfo fmall a Spot, and in fo fhort a Time ! though it is probable the Inhabitants would flill have encreafed, had not an epidemical Diftemperamong the Whites, begun in 1 69 1, fwept off fuch Numbers of them, that the Calamity has not been re- paired to this Day ; and it is fuppofed, that at prefent there are not above thirty thoufand white People on the Ifland, and of Negroes, Mulattoes, and Meftive Slaves, about an hundred thoufand. In 1661, this Ifland was purchafed by King Charles II. of the Lord Kinnoul, Heir to the Earl of Carlijle, fince which Time it has continued unalienated by the Crown: It lies in 13 IJegrees of North Latitude, and 59 of Weflem Longi- tude, being about twenty- five Miles in Length, and fifteen in Breadth, very little bigger than the IJle of Wight, and fuppofed to contain, according to a round Com- putation, an hundred thoufknd Acres. The whole is fo entirely planted with Canes, that even the common Neceffaries are not cultivated or raifed here ; fo that Corn, Flefh, and Fifh, is for the mofl Part brought from the Northern Co- lonies, befides Fuel, and all Sorts of Staves and Boards. Bridge-Town, or St. Michael's, is the only one of any ConlL-iuence in the Ifland, being fituate in Carlijle Bay, and contains between ten and twtfvc hundred Houfes, tolerably well built with Brick or Stone, defended by three (vafUes, and accooi' modated with good Wharfs and Keys, for landing and loading of Goods. The Produdt of the Ifle, as has already been remarked, is principally Sugar { though beiides this, great Quantities of Rum are difUlled from the Melaifes, and it affords fome Cotton, Indigo, Ginger, and Pimento ; all which it returns us in Lieu of the Manufactures and Commodities it is fo largely fupplicd with from hence, beGdes the Advantage arifing from an Employ of Shipping, ne-' cellary to furnifh them with the Madeira Wine they want ; this being the prin- cipal Beverage of the Rich and Opulent in the tVejUIndits, 4 Of 707 tt. rii! v|.'>1 1! \'\ \ \ -ja^ •(■ - »:l'i ':^CV A 1, i& *< i \i * i,i ToB GENERAL COMMERCE OF THE WORLD. I ill Of St. Chriftophcr's, Nevis, or Mevis, and the other Caribbcc Tjlands, THE firft of thcfc ftands next in Regard XoBarhadoes, being about fcventy-five Miles in Circumference, and lies in the Latitude of 17". 25'. on this Sidj the Line The Englijh and French both took Poffefllon of it on the fame Day, and in May, 1627, divided it between them, continuing in perfect Amity till the breaking out of the War, which deftroyed the Harmony ; and our Countrymen being mo-u powerful than their Neighbours, drove them off the Prcrnifes, whieli by th. Treaty of Utrecht were confirmed to the Crown of Great-Eritain. Their chief Produft is Sugar, of which in a common Year they make about 10,000 Hogsheads, but like the laft mentioned liland, this alio yields fome Gin- ger, Indigo, and Cotton. Nevis, or Mevis, was alfo fettled by the fame Perfons, and within a Ye;^rofthe fame Time as 5^. Kit's, was and is commonly the Refidence of the Governor of thefe Leeward Iflands j it is not above twenty Miles in Circuit, yet has maintained between 30 and 40,000 Whites and Black", and produces about 6000 Ilogftcdds of Sugar. Montjirrut was begun planting with Nevis, and feems to be near a Circle of about three Leagues Diameter, more mountainous tiian any other of the .'Iniilk;, and yet fo fruitful in the Vallies and Plains as to produce from 2500 to 3000 Ho^- fheads of Sugar, befides fome other of the Conmiodities before mentioned, natural to thefe Ifles, and to fupport about 5000 white, and 12 or 14,000 black People*, Barbuda was as early fettled as either of the two laft-mentioned Hies, but bciiic; different in its Produdts, and having met with greater Interruptions in tlic'"- Settle- ments, by frequent Incurfions from the Carribeans, there are not to niis Day 2000 People at moft in the Ifland, though thefe arc all white, as their fole Employ is Husbandry, for carrying on which themfelves are fufficient without Slaves j they raife Corn and feed Cattle, with which they fupply their Neighbours. ybiguHla, as it is falfely wrote, or Snake Ifland, as it is more falfely tranllatcd, is about ten Leagcts long, and three broad, fcnething Eel like, or Serpentine in its Shape, and alfo fo level, that there is not a Mountain in it. The lirll Ad- venturers fettled here in 1650, and finding this, like Barbuda, fitter for railing Corn and breeding Cartle, .than other Produdions, they brought their Stock with fhem, and might, undoubtedly, like the Inhab-tants of that Ifland, have made a bet- ter Improvement in their Farming Bufinefs than they have done, had not Idlencfs lulled them into a flothful Negleft o.*" the Means Providence had put into their Hands, of procuring a comfortable Subfiftence j but they content themfelves with a bare Sufficiency for Nature's Support, though not through the Inftigation of any philofophic Principles, but as the Refult of a confirmed Sloth or Lazi- nefs, which is as great as can be, and feems 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 curried to fo high a Pitci'i, that they live in a more lawlefs Manner than even their Predeccflbrs, the liiSms, ever did, having neither Minifter nor Magirtrate among thcnij lb little Senfe or Notion have they of Government or Religion. They hardly amount to a thoufand People, and they have very little Siijar, and I believe no Cotton, Indigo, or Ginger among them. Antego, or Antigua, is about lixty Miles in Circumference, and was granted by King Charles in 1663, to Francis Lord ff'i//t>ug/.>bj. Governor of Biinnoivi, on which he fettled a Colony in about three Years' Time ; it however alterwards by fome Means reverted to the Crown. Its principal Town is St. Jobn's, the Re- fidence of the Governor, and, of late Years, a Royal Dock-yard, ami a conlidera- ble naval Eflablilhment has been made there, which has greatly incrcafed the Trade and Population of the Town and of the whole Ifland, which is fuppolcd to contain 7000 Whites, and 30,000 Negroes, Slaves to the former. The I'rodiicU of the Ifland for Exportation are Sugar, Ginger, Indigo, and Tobacco: The sod in moft Places is but indifferent, the Heats are greater than in BarbaJM, ii^- and the Hurricanes more frequent and deflrudtive. * St. ChriftopluT'f NVv-s, and Montfcrrat, by the K'riune of War, havcfisllfn ! ,to the IIam!>"f llic French and remained in their frflcfliun in lyii. . , CrcficM G R E A t-B R i T A I N, fcff. Grenada is 25 Leagues in Circumference, and has feveral good Bays and Har- bours, fome of which are fortified. It is fituated in ii**. 15', North Latitude, about 30 Leagues South Weft of Barbadoes. There are feveral fmall Iflands that lie to the Northward of Grenada, called the Grenadillax, which, after being re- duced, were all ceded to us by the late Peace of 1763 ; and with the three hereto- fore neutral Iflands, Dominic. , St. yincent, and Tobago, conftitute one of the four Governments of Britip America, to which Grenada gives Name< Dominica has a c itral Situation between Guadahupe and Martinique j it is about twenty-eight Miles in Length, and thirteen in Breadth. It was conquered from the French in the laft War, and ceded to Great-Britain by the Treaty of Peace in 1763; but being fo fituated as to intercept the Communication with Guadakube and Martinico in Time of War, the French, early in the late War, before we were prepared for the Blow, recaptured it, but it was re- llorcd by the Treaty of Peace, in 1783. St. Vincent and Tobago, Iflands of inferior Confequence, the former about jwenty-four Miles in Length, and eighteen in Breadth ; and the latter, thirty- two in Length, and nine in Breadth, belonging to the French, being retaken from Britain in the late War, after the Briti/b Planters and Merchants had been at a confidcrable Expence in cultivating it ; and not reftored. Indigo, Coffee, Sugar, and Rum aie the chief Produdts of all thefe Iflands. ' ' (y J A M A I C A. THIS Ifland, one of the largeft in America, is of an oval Form, near a hundred and forty Miles in Length, and about fixty in Breadth -, it is fituated in the Atlantic Ocean, between feventeen and eighteen Degrees of North Latitude, and from feventy-fix to fcventy-nine of Wefl:ern Longitude, about twenty Leagues Eaft ai' Hi/panio/a, and as many South from Cuba. Its Length i.i Englijh Miles is 140, and its greateft Breadth 60. It is very fertile, and produces ieveral Com- modities more than any other of our Plantations do, as Cocoa, Pepper, and wild Cinnainon ; of the firft, however, there is a much lefs Quantity growing, than there v.as when the Spaniards were Mafters of this Ifle, proceeding from the Ig- norance of the Englijh in its Cultivation, it being of a very delicate Nature, and requiring great Care to (hade and nurfe it, otherwife it continues barien, pines, jnd dies ; mid notwithftanding every Precaution is praftifed, that has come to the Knowledge of our Countrymen, they cannot bring it to fruftify aS it formerly did s of PuT'^nto there are great Quintities, which from its Form, and the Place of its C row th, is called j-imai;a Pepper, and commonly here in England All-Spice j be- ing of a fine high Fla;'our, and dcfervedly reckoned the heft, and moft temperate of the many aromatick Drugs brought to us, principally from the Eajl-Indies. The Bark of the wild Cinnamomis commonly, though falfely, called Cortex Win- teranus, and is fold here as fuch ; but this latter is a Native of the Straits of Ma- gellan, from whence it was Hrft brought by Captain Winter, who accompanied Sir Francis Drake ift his Voyage round the World. Befides thele Commodities, there are feveral other Produftions natu.-al to Jamaica, as Cotton, which grows here in great Plenty, and finer than tha'. of the Caribbee Iflands ; Tobacco, though culti- vated in fniall Quantities, Abundance of Fuftick, Redwood, Logwood, and others, for Dying; beiides feveral Sorts of W^xxi that are fweet fcented. The Ifland alfo abounds in Medicinal Herbs and Drugs ; as Guaiacum, China, Sarfaparilla, Caflia, Tamarind", Vanilloes, Variety of Mi/Iletoe, and feveral falutary Gimis and Roots. Copper Mines have been difcovered here, of which Metal I have feen a Sam- {le from then^:e very fine and good ; but all thefe Produdts mufl; give Place to the iiugar Cane, which has brought fuch immenfe Riches to the Inhabitants { and the Quantity is not only very great, but the Quality fuperiour even to that of St. Chrijlophers which is accounted the beft in the Leeward Iflands. It is difficult to afcertain the Number of the Inhabitants ; but Computations lately made demon- ftrite that Jamaica is not fo populous as it was at the Beginning of the prefent Century." We now reckon only about 25,000 Whites, and 90,000 Negroes 1 8 S . whereas ^09 L ,11 ;,« H 7IO GENERAL COMMERCE OF THE \\ORI,D. whereas at the former Period it was fuppofcd to contain 70,000 \\liitcs, and 120,000 Negroes, The Inhabiunts arc all fupplicd with Clothes, Furniture, &c. from Gr;'at-Brilain. The Exports of the Ifland confift of three principal Articles of native Growth: Svgan of which they export, after good Scafons, about 20,^00 ilo^lhc.-.ds an- nually; cllimated in EngJanJ at ncu- 425,000/. Mo(t of this gocb to LouJon, Brijiol, and Glafgoio j and from the two former to Ireland, before the Rcllridions on the Commerce of that Kingdom were removed : Some Fart is likewiie fe„t to Nartb- America, and bartered for Staves, Planics, Pitch, Tar, and Provilions. /?«///, of whicli they export about 4000 Puncheons. Melajfes, with which they trade principally to New-Enghmd. Cottsn, of which they export about 2000 Bags. I cannot quit the Subjedl without mentioning another beneficial Commerce chiefly carried on from this Ifland, -Jtz. that of cutting Logwood in the Bay of Campeacby, to which wc have an undoubted Right ; and this has been fo dearly proved by many Authors, as to put the Matter beyond Difpute, notwithftanding the continued Depredations of tlie Spaniards on this Account, to the no fmall De- triment of thofc who are concerned in this Brinch of Bufmefs, and confequently to this Nation in general, as no lefs than J4,fy35Tons, 3q. 41b. were imported in the Years 1713, 1714. I7'5» and 1716 • and were the Cutters properly pro- tedled, a SuHiciency might now be brought \.\ ^or our own Ule, and th.U of our Neighbours, without any Expncc to the Government ; and as this is not only tlcar Gain, but occafions the additional Benefit of employing a conliderable Num- ber of Ships, I think it challenges a fuitable Regard, as from what I hive hers mentioned, it may rcafonably be concluded, that the Profit accruing thereby, cannot be put at lefs than 1 00,000/. a Year. Of the Lucayos, or Bahama IJlands. THESE He in the Atlantic Ocean, between 21°, and 27*. of Nortliern Lati- tude, and from 73". to 81°. of Weftern Longitude, taking their Names from one of them called Bahama, which is fituate in the Latitude of 26". 30'. at the Diftance of between twenty and thirty Leagues, fay foniv and 50 Leagues as others aflert, from the Continent of Florida ; but Providence, lying in the mijft of them, has been pitched on as the Seat of Govermncnt, when any has been fettled here. Thefe Iflands were granted by King Charles IL to George Duke of Alkmark, and feveral other Noblemen, who inefFedlually endeavoured to people them ; for as foon as feme Adventurers were got there, they were driven off by the French or Spaniards; and. when this was not the Cafe, they contumacioufly rofe againft their Governors, whom they either dcflroycd, or fent them away Prifoncrs, to the Diflblution of all Polity and their own Deftrudlion ; fo that after feveral Settle- ments made, aiid fucceffively deftroyed, either by the Enemy or themfelves, thefe inands became a Refuge for Pirates, till 1718, when King George I. appointed a Governor, who once more eftablifhed a Colony here, where there may now be be- tween fifteen hundred and two thoufand People j though the having a Force in thefe Parts, fcems more the Motive to their Settling, than what is expefted from their Products, for as yet thefe have been but trifUng, confifting in a little To- bacco, Sugar, &c. Of the Bermudas, or Summer Iflands. 'TpHESE received their primitive Denominatloa from one Bermuirs aSpa- *■ niard, their firft Difcovcrer ; and were afterwards called Summer Iflands, from Sir George Summers, who was fhipwrecked, and in another Voyage there refigned his BreaUi. They lie within the Limits of the Grant that was made to the Virginia Compaiiy, who fold them to an hundred and twenty Perfbns of their own Society, and tbete afterwards obtained a Charter from King James, which confirmed their Property, This new Company foon endeavoured to render their Land profitable, by the eftablifhment of a Colony, and accordingly fent a Ship there with the firft Advcgturers G R E A t . B R I T A r N, 6?f. Adventurers in 1610, under the Diredion of Mr. Richard Moore, who made them an excellent Governor, and foon put them in a Capacity to defend thcmfelves, by building a handfomc Town and ftrong Forts, and by his prudent Management he diiappointed the Spaniards' Attempts to land on, and conquer thefc Iflands, in 16 1 4. His firft Settlement was upon a Plain in St. Gotrge's Ifland, where, from a Habitation of Palmcto Leaves, fprang up St. George's Town, one of the ftrong- cft and beft built in our American Colonies. This worthy Man was fuccecded by Capt. Daniel Tucker, who being a Perlba of a fupcrior Education to his Predeccffor, and having fcen more of the World, exerted his Talents in Favour of the Colony now put under his Care, and efta- bli(hed a regular Form of Government, traced out Plantations, and obliged even one to build uniformly in the Town, and to plant regularly in the Country, fo that a beautiful Symmetry was feen through the whole of their Improvements, and Pleafure was thus blended with Profit. In 1619, this vigilant Governor quitted to another, who then arrived from England with four Ships and five hundred Planters, which were equalled in Num- ber by thofe already fettled there, fo that the Colony began now to make a Fi- gure J fofiie Laws were fettled, the Government directed to be, by Governor, Council, and Aflembly, as in our other American Plantations, and Capt. Ttickert Iiaviiig before cilabliflicd a Militia, they were fccured againft the Attacks of any Enemy. The Number of thefe Iflands are uncertain, as by fome they are reckoned to be three hundred, wbilft others make them above five hundred. They lie in the Latitude of 32". 30'. North, and in 35". of Weftern Longitude, a great Diftancc from the Continent, as the neareft Land, which is Carolina, lies at leaft two hundred and fifty leagues, as Mr. Harris, or four hundred and eighty Miles ) Mr. Ecbard fays, to the Weft of them. The Air is deemed extremely wholefomc, and the Country vaftly pleafant ; the Soil is rich and fertile, infomuch that Indian Corn, their chief fupport, is reaped twice here, between the Months of March and December, and all the Plants, Flowers, and Trees peculiar to the Wejl-Indies grow here in great Perfedlion, as thofe tranfplanted from Europe doj and befides, among the Fruits, the Oranges here in every Refpedt exceed thofe either of the Eaji or WeJl-Indies, as among the Fu- reft Trees the Cedar does for any Ufe or Purpofe whatfoever, more particularly in Ships, fo that the Bermudas Sloops are become famous, botli for Service and Sailing. St. George's Town, the Capital, has no lefs than feven Forts to defend it, though indeed the whole Coaft, 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 Government, and a delightful Country, can make them. It it true, that the pleating Profoedl of Riches has been the principal Attraftion to the peopling of moft of our other Colonies, though the fettling thefe Ifles was ap- parently from different Motives, as their Trade is very limited, and confequently the Opportunities of making a Fortune very rare j fo that the greateft Induce- ment the State had to fettle them, was to keep them from being poflelled by any other Nation ; but that arifing to the Adventurers, was to fecure to themfelves a lafe and quiet Retreat from the Cares and Tumults that the other Parts of the World laboured under, of which they had none here to ruffle and difturb them j fothat many with this philofophick Difpofi^'on, and that could content thtfm- lelvcs with the Pleafures and Plenty of the Country, retired here with their For- tunes, as others did to procure or preferve Health, and fbme few on Account of* Religion. Their Trade chiefly confifts in Timber and Provlfions, which they fend to th» other Parts of America, a fmall Quantity of Tobacco, and the building of Sloops, as before-mentioned j fo that th''« GENERAL COMMEIICE OF THE WORLD. i ■Of N F VV r O U N D L A N D. Ol'R Right fofliis IflanJ li.i'^ already Iiecn incontcflibly proved by fevcr.il ^^,1 Authors, I'd that any AfU.'.iiccs tov/ards it would he rnpcrlliiuus hm-.^ It lies between 47 and 50"^. NortluTii Latitude, and is lb far lioiii bein^Mhat cukl and inlKifpitable Country that many have reprcfentcd it, that St. yc/w'^ anj li,,,,;. other Places have been conftaiitiy iuiialiiled tor many Years pall : It is very w.irni in the Summer, and tiioiigh the Snows lie lon^ in the Winter, moll Sorts of /v^- rcpcan l'"ruits grow wild here ; however, were there fewer in Number, and the Soil mueb worfe th.wi it is, the Advant.iges of our polfefling it would Itijl fubliit, as thefedo notrefult from wlut j.',iows here, but from the Filhery upon itsComls- and Banks, and thj natural Coiifeqnences of it. Mr. Piirklunjl has given us x,\ Accoui'.t of its State In i ^78, when he lavr,,'thfrj were about fifty Sail of Eii^ljl:, one hundred Sail of Sj'iinljh, befuics twenty or thirty Sail of lii/luijuc-rrs, fifty of Pcrtu^urfi; and a hundred and fifty I'vench Ships, employed upon that Coaft, fo that the Filhery muft have bejun long before, tolu at futh a Height fo e-aily, anil the Importance of it was ijuickly difcovcred by (^een Ellzabiti's wife Miniflry, and by them fo encouraged, that towanlj the C'lofe of lier Reign, upwards (i" tuo hundred Sail of filhing Vcflels were cin- plovcd, and thcfe navigated with more thiui eight thoufand Seamen. The F'illiery lias greatly incre.ded liiice the lole Polfeinon of it was confirmed to the Crown of driUl-liritiiin -, and we can have no better Proof of the alloniiliing Improvements, and of the nation.d Henefits of this valuable Branch of our Com- merce, than a comparative Vijw of the different Statements of it given in at the Bar of the Iloufe of Commons in tiie Years 1775, and 17^7. At the firil I'c- riod, it appeared that four hundred Ships, whole burthen was not Ids thaa 36,000 Tons, 2,000 Shallops, burthen 20,000 Tons, and 20,000 Seamen, wen: employed in this Fifliery ; that 6 >o, 000 fjnintals of Filh were annually tjkcn, which, upon an Average of ftven Years, were worth 14/. per Quintal, and together with the Value of other Articles, independent of Cod Filh, as Sal- mon, Cod Oil, Seal, and Furs, amounted annually to more than half a Million Sterling. In 1787; the Report made to Parliament was, that fincc the Encouragement given to tne NcivfoumUdud Filhery, by the fevcral Ads of Parliament already no- • ticed, under the Head of Shippini^, the French Filhery had confidcrably dimi- jiilhed ; while the Brilijh had incivaled to fuch a Degree, that 732,000 Quintals of Fifli had been taken by our People that Year; and that this Nurfery for Sea- men was annually increafmg ; as well as the Demand for the Articles from home, neceflary for carrying it on, and for Confumption on th': Spot, viz. Bifcuit, JJecf, Pork, Butter, Cheefe, Linen and Woolen Cloths, Nets, Hooks, Lines, Cc. Thefe Conlidcrations therefore determined the Legiflature to continue all the Adts made of late Years for the Encouragement of this F'ilhery; patticulariy, that which authorifes the Trade between the Ports of the United States oi Jme- rici7, and the Bri'ijb Settlements at AWybund/iind. I now return to Europe, where I have only our Trade to the Baltick, and with the northern Countries to treat of ; and as Rufia ftands foremoft in Dignity, 1 Ihall give it the lame Preference here, and begin with it. An Account of the Trade between Great-Britain and Russia, carried on by theKvmh Company. OUR Trade ^fith the Ruffians is very confiderable, and was always greatly en- couraged by the Britijh Government; but the flourilhing State of our Ame- rican Colonies would have reduced our Imports of Naval Stores from Rujjia, if the unhappy Revolt of the North- American Colonies had not taken place, which has again increafed the Balance of Trade, which was always againft us, with this Empire. The ftrong political Alliance which has taken Place between Great- Britain, and the Emprefs q{ Rujia, Catharine II. hkewife greatly contributed to advance her commercial Connections with us -, but ftiU Uie Improvements nude is R £ A T-B R I t A I N, &(. 7>3 InaJc in the Linen Manufadlurcs of Ireland and Scatland have contrilmfcd not a little, of late Years, to diminiOi our Demands for fiinilar Manutkdlures from RuJJia, particularly in the Articles of Sail«Cloth, Sheeting, coarfe Linen for Towels, table Linen, dc. But the Treaty of Commerce with this Country, entered into for twenty Tears, expired in 1786, and a Reludtance to renew it on the Part of the Emprefs, com- bined with fome Difficulties in the Arrangrment of it j and a political Coolncfs between the two CoUrts, has hitherto prevented any new Treaty, and not a little cmbarraflcd the Merchants of both Countries. This Commerce is carried on by a Company, projcftcd in the Rcigrt oi Edward VI. though not eftablifhed by Patent, till the 6th of February, in the i, and 2, of fiilip ittd Mary, whereby was incorporated. Tie Merchants j^dventunn for tie difiovery of Lands unknown, and not before frequent ed^ with Power thut the f.ud Fcllowmi|j Hiould have the fole Trade to all the Main Lands, Ifles, Ofc. of the Emperor oi RuJJia \ which Letters Patent were, by an Aft of Parliament 8 Eliz, not printed, confirmed to the faid Company, by the Name of The Fellowjhip of Englifh Merchants for Difiovery of new Trades, with an Exclufion of all other Subjects from this Tradf, without the Confcnt of the Governor, Confuls, and Afliftants; though by 10 and 11 Will. III. Cap. 6. Seft. i. ii is enafted, that every Subjeft of this Realm, defiring Admiflion into the faid Fellowfhip, called the KuJIia Company, on Requefl to be made to the Governor, Confuls, and Af- fiftants, or any three of them, fliall be admitted into the faid Fellowlhip, paying for fuch Admiflion 5/. Any Perfon refiding in any Out->Portt or other Place within this Realm, fliall be admitted on the fame Terms. And it was fince cnaftcd. That from and after the 2 4th of ^w/;?, 1741, any Perfons free of the faid Fellowfhip of Englijb Merchants for Difcovery of new Trades, c6mmonly called the RuJ/ia Company, exclufive of all others, may import into- this Kingdom, in fir//^-built Shipping, navigated according to Law, from any Place belonging to Ruffia, raw Silk, ot any other Commodities, of the Growth or Manu> fadlure of Perjia, provided fuch Manufafture be made of the Produce of Perjia; being purchased by Barter, with Woollen or other Manufaftures^ exported from Great'BHtain to RuJJia, and from thence carried into Perjia^ Gold aiid Silver in Coin or Bullion excepted, or with the Produce arifing from the Sales of fuch Ma- nufaftures, fo exported to Rujfia, and carried into Perjia, upon paying or fecuring the Cuftoms and other Duties now payable, by any Law now in Force, according to fuch Rules, and with fuch Drawback, and under fuch Penalties, as are by Law prefcribed, ort the Importation of the like Goods of the Growth, Produce, or Ma- nufafture of Perjia, imported into this Kingdom from any Place in the Levant Seas, by any Perfons free of the Levant or Turkey Company ; any Thing In thd Aft of 12 Car, II. to the contrary notwithftanding. No Silk, or other Manufaftures of Perjia, (hall be imported into Great-Britain^. 678. through Ruljia, by Virtue of this Aft, unlefs the Importers take an Oath, or Affir- mation, before the Colleftor, Cuftomer, or Comptroller of his Majefty's Cuftoms; at the Place of Importation ; tliat, to the beft of their Knowledge, the Silkj and other Manufaftures of Perjia, contained In their Entries, were truly purchiifed by Barter with Woollen, or other Mahufaftures, exported from Great-Britain to Ru^ia, and from thence carried into Perjia, not being Gold or Silver in Coin or Bul- lion, or with the Produce arifing from the Sales of fuch Woollen, or other Manu-* fadures exported as aforefaid : And in Default of taking fueh Oath or Affirmation, all th<^ Manufaftures of Ptrjia, fo imported from Rujha, fhall be liable to be for- feited, as if the fame had been imported, contrary to me faid Aft of 1 2 Car. IL This Aft does not extend to the permitting the ufing or wearing in this King- dom any wrought Silks, or other Commodities of the Manufafturc of Perjta, mentioned in the Aft of 1 1 Will. III. which Aft is hereby confirmed, (Sc. Whereas foon after the Commencement of the aforefaid Aft of 14 Geo. II. a very 25 Gm. \\. beneficial Trade between dreat-Britain and Perjia through Ru£ia was opened, ''• I*** whereby great Quantities of raw Silk, ahd other Goods and Commodities of the Grgwth or Manufafturc oiPtrfia, were imported in Return for the Woollen andl 8 T other „«M ■».i|. ill* H in , \h l\il .•i ,.M1 I I-. 7»4 t) Gi*. t. j»i. GENERAL COMMERCE OF THE WORLD. other Manufadures and Goods of Great. Britain, upon much caficr and more ad- vantageous Terms, than the fame could have been othcrwifc procured ; but the faid Trade having been for fomc Time part interrupted, the Suhjcdh of GVtd/. Britain not having been of late permitted, to tranfport Britijb Manufai^urcs iuid Commodities into Perjia through Rujia, in L'onfcquence whereof, the Importation of raw Silk, and other Commotlitics of Ptrjia from Kuj/ia, hath been difcontinucj : And as it would be of great Advantage to the Trade of this Kingdom in general, as well as contribute to the Incrcafe and Improvement of the Sillc Manufadturcs in parti- ular, if raw Silk of the Growth cr Produce of /'••r/w, purciiafcd in i \M. - .^ ..) Of the Trade between Great-Britain, Denmark, ««, 1780, inclufive, to 2Cth March, 1783, inclufive, was, 1,056,050/. zs. qJ. and confifting of the following Articles, Drugs, Spices of different Kinds, Rice, India Silks, Callicoes, Muflins, Salt-Petre, China, Raw Silks, Teas. Thus ftands the Trade between England and Ireland. I fliall next confiiier the Commerce of Ireland with Scotland and the IJle of Man, annexing an Abflraft of the Irifo Exports and Imports, for the Term of eight Years, as follows : Seed, Sugar, V. Years. 1719 1720 1721. 172a »723 1724 ».725 1726 Total I '3.934 ' 7l 255,396 19 6 The Exports to Scotland for the Year ending 25th March, 1783, amounfed — '23»897'''l So that the Exports for that Year, exceeded the Value The Imports to 171,^70. \ of the Total of eight Years, in the precedina; Tabic. The Exports to Scotland and the IJle of Man con lift of Oatmeal and other Grain, Beef and Kine, Horles, Hides, Butter, Cheefe, Soap, Linen, and Mut- ton, with fome other Articles, dnd Wine and Brsndy. The Imports from theace conHftof Coals, Tobacco, Bark, Brandy, Barley, (,. anJ Exports. Imports. /. s. d. /. /. d. 13,690 19 37,868 >9 3t 10,352 4 4 27,706 18 4r 11,256 15 2| 29,151 10 >'t 14,398 2 91 27,468 '4 lOi 23.578 5 8 33.497 2 4l 21,250 3 31,003 «; 10,023 12 4 38.938 3t 9,384 2 o| 29,762 12 2: to IRELAND, y<-. ' ' and Malt, Groceries, Linen, and Renting, Wine, Timber, Linen Yam, and Herrings. The following is an Abftradl of the Exports to America for the fame Number of Years, viz. ■.J. n>" I. J. d. 1719 77,190 8 8; 1720 88,980 18 9 1721 68,404 3 2\- 1722 74.344 9 K 1723 82,806 6 9f 1724 96,825 8 10 1725 103,998 2 4;- 1726 110,313 •9 7r Total 702,863 17 9| .\n' The Exports to the Colonies remaining fubjedl to Great-Britain, for the Year ending 25th March, 1783, amounted to 381,617/. \s. jd. which exceeds the Value of any three Years to all America, in the foregoing Table. The Calcu- lations refpcding the Trade of Ireland with the United States of America cannot be made out exart, on Account of the very confiderable Imports in Tobacco and other Articles, fuice the Commerce of Ireland was liberated from the former Re- llrititions of not trading direftly to the American Colonies ; but receiving all Goals and Manufactures of the Growth and Produdl of thofe Colonies by Re- cxprtation from Great-Britain, i . BritiJJj-hnWt Ships. But the prodigious In- creak of this Branch of the Commerce oi Ireland, may be readily conceived by the Amount of the preceding Article. The next particular Trade to be confidered is the Eajlland, which compre- hends all the Countries northward of Holland, upon the Continent, from Embden \o Archangel, the Sound and Baltick confequently included. The Exports confift of Beef, Bifcuit, Butter, Beer, Checfe, Grain, raw and tjunri Hides, Oat-meal, Linen, Calves' Skins, Tallow, Malt, Salt, Pork, Soap, Gun Powder, and the Remainder is made up of fevcral fmall Articles, not material Trade. The Imports to Ireland confm of Bark, Copper Plates, Flax, and ID Seed, Sugar, Hemp, Iron, Lamp Black, Herrings, Train Oil, Tin Plates, Tar, and Wood, the Remainder being made up of Linen Yarn, Pot- Afli, Lattin Wue, and other fmall Things. The next Trade to be examined in a Southward Progrefs, is that with Holland and Flanders. The Exports thither chiefly confift of Beef, Bifcuit, Butter, Candles, Feathers, Salmon, raw Hides, Pork, Rape Seed, Hogs' Lard, and Tallow, with feveral other Particulars not material ; and the Imports from thence are Bark, Wheat, Battery, Brafs Shruif, Books unbound. Drugs, Madder, and other Dying Stuffs, Earthen Ware, Flax, Groceries, Geneva, Gunpowder, Inkles, Thread, Hemp, lion, Bone-Lace, Cambricks, Hollands, Flax Seed, Linfeed Oil, Paper, Pof- Afli, Starch, Garden Seeds, Silk Manufafture, Steel, Whalebone, Rbenijh Wine, Wooden Ware, Iron, Lattin and Steel Wire. The next particular Trade that falls regularly in our Way to be obferved, is that of France. The Exports confift of Beef in Barrels, Pork, Bifcuit, Butter, Candles, raw Hides, and Tallow ; the other Articles of fmall Value in Trade are not worth inferting. The Imports from thence are Wine, Brandy, Capers, Playing Cardk, Cork, Flints, Gloves, Prunes, Succus Liquor, Sugar, Iron and Iron Ware, Cam- bricks, Lawns, Train Oil, Olives, Copper-plate Printing Paper, Rezin, Salt, Silk Manufafture, Toys and Triiikcts, Vinegar, Groceries, Wooden Ware. Though the Exports for Frame cannot be afcertained to any Nicety from the Cullom-houfc Books, as Merchants are not reftrained in their Entries, for re- porting tlieir Goods for one Country when they are dcfigned for another, as is ire(^ucutly the Cafe in this Trade ; for the Entries arc made for that Kingdom, when 7x9 il ;f >:^ I ■\y: ■•l-i; '•*« f . k vjMi* ,! dfeKfeRAL COMMERCE of THE WORLD. when the Merchandize is intended for Haiuburgh, Bremen, or Holland, and this With the View of evading Payment to the feveral Britijh Light-houfes in their Way to the faid Places, towards whofe Support all Ships pay in the firft Port they put in at, and are charged with fo many as they are benefited by in their Voyage ; how if it appear, by their Cockct, that they are bodnd for thefe Ports, they pay towards the Maintenance of them all j but if for France, and they are fuppofed to be blown there out of their Way, they are charged for no more than they are prefumcd to receive Benefit froih, and hereby elude the feveral Charges they mud otherwife pay. Mr. Dobos makes feveral Allowances for an illicit Trade, Qc. too long to be infcrted here, and then concludes from the Premifes, that Ireland lofes by her Trade with France. The laft in Order, though the greatefl Branch of the Irijh Trade with Foreigners, is with Spain, Portugal, and the Straits, as thefe take off the major Part of any manufactured Commodities they export, except ^>inen. The Exports to the afore-mentioned Countries arc. Beef, Candles, Cheefe, Barley, Wheat, Hake, Herrings, Salmon, Hair, raw Hides, Tanned ditto. Linen, Pork, Calfskins, Starch, Tallow. The Imports from them are Capers* Cork, Dying Stuffs, Sugar and Fruit, Oranges anid Lanons, Iron, Oil, Salt, Silk Manufactures, Raw Silk, Thrown Silk undyed, Succus Liquor, Walnuts, Port Wine, Spanijh Wine, Hoopi., Cane, lleeds, and Piank, Wool. The blameable Inaccuracy in ;hc Cuflom-Houfe Accounts in Ireland, the great Fluctuations in the Commerce of that Country, with the principal King. doms and Sutes of Europe, and other Circumftances, render all Tables of the Amount of any particular Trade incorreCt, efpccially as fuch Amount mud be calculated by ihe Value in fterling Money, at which they are rated by the Piece, the Yard, the Pound, or the hundred Weight t for which Reafon, we have foU lowed our beft modern Guide, Lard Sheffield, and from him give the following fhofi: Statement of the Amount of the general Trade of Ireland, v'ith all the foreign Countries of Europe. Total Irijh Produce Exported to foreign Countries, on ah Average of nine Years, ending March 25th, 1782, Ditto, exported to ditto, in the Year ending March 25 th, 1783, - - - - - - Total Import! from foreign Countries on an Average of nine Years, ending Afarr/6 x5th, 1782, - - . • Ditto from ditto, in the Year ending March 25th, 1783, /:■ 345' "8 584,222 605,117 679,289 d. 10 19 3 By the Imports fo far exceeding the Exports, falfe Conclufions may be drawn, as they have been by Mr. Dobbt, and we are forry to add, by our more intelligent conunercial Writer, Lord Sheffield. Whenever the Imports from any Country exceed the Exports, they ftate the Balance of Trade to be againfl the Impurter. No reafoning can be more fallacious, if the Article imported, as in the Cafe of Ireland^ and forming fuch a Balance, confifl of the firfl Materials for its prin- cipal Manufactures, to be wrought up to the highefl State of Perfection, and to be fo exported, with the Addition of the Labour of the Inhabitants, to other Countries, with a confiderable Profit. For Inflance, tio-^ciat. of Flax, and 1 1,41 5 rw/. of Hemp were imported into Ireland from the Eaft Country in one Year, and contribi'ttd to raife the Value of the Imports above the Exports j and a Balance mull have been paid to the EaA Country in Specie, or Bills of Ex- change : This has been ufually called a Lofs ; but the Sum fo paid produces a Profit, beyond any derived from Barter, and is received back again, with Intcrcft, in the Payments for the Linens manufactured by the Iri/h and exported to Britain alone. Without a large Quantity of Flax and Hemp in Store, this valuable Manufacture, the chief dependance of Ireland might fltagnate j bcfides, a bad Seafon, or a prohibitory Law pafTed in the Country from whence you im • port your firft Materials, may put a flop to it for a Time j therefore, in every 6 Foint t? R A N C E, fSe. Pomt of V . rw '>'^ firft Price of raw Materials is not to be taken as their real Value, nor a Payment i.. ~'e, above the Value of the Goods exported, as a lofing Trade, or Balance againi> ?i<: Country, fo circumftanced. Wc conclude thi. ;;' 'e Account of the Trade of Ireland with obferving that the Shipping of Irelanu jears no Proportion to its increafing Commerce. The EtisliJ^, Scotch, Danijh, Dutch, French, Spanijh, and Portuguefe, all have a confiderable Share in the carrying Trade of Ireland. Of the Produ&Sf Manufa&ures^ andTrade j^ France.' THE Commerce of this Kingdom b irs a Proportion to the Number of its Inhabitants, and the Extenlivenefi* of its Dominions ; of which fome Idea may be formed from the Calculations made of its annual Revenue, which is efti> mated at 25,000,000/. and the Number of its Inhabitants, by the lateft Compu- tations, appear to be about 25,000,000. In treating of the Commerce of this Couiicry, I fliall obfcrve the fame Me- thod that I have followed in my Defcription of Great-Britain's, that is, by ac- quainting my Reader with the Produdts and Manufadures of each Province, and tlien (hew him how they v-'. difpofed of. I. ThelHsofTixact. THE Capital of which is Paris, where many ManufaAures are carried on, and afterwards brought into Trade, of which fome are exempt from the Jurifdic- t'onof the public Companies of the City, and eftablifhed by Royal Authority; fuch as the Gobelins, where as beautiful Tapeftries are made as any in Europe ; the Savmnerie, appropriated to the making of Carpets with a Mixture of Silk and Worftcad, in Imitation of thofe brought from Perfia, the Beauty of whofe Colour* they come up to, and greatly exceed them in the Figure. The Manufactures of Glafles, Cloths, Hangings, Gfr . bcfides which the Artificers here carry on ill Manner of Trades that arc praSifed in our Metropolis j though it is wit?' Plca- furc I can aflert, not many of them with equal PerfeAion. Here, howcv.., are made all Sorts of rich Silks, Brocades, &c. Stockings, Hats, and every other Re- quifite for Home Confumption and Trade ; and almoft all the fmall Towns, Vil- lages, and Diftrids in the Neighbourhood of Paris, have fome Fabrick particular to them J as Madrid, a Caftle built by Francis I. in Boulogn Wood, famous for Stockings ; St. Cloud, for Porcelaine, Earthern Ware, Glafs, and Tanneries ; Gen- tilly. Gorges, and Antony, are noted for Whitfters j at Ferti Gaucher is a ManuEtc- tory of Serges ; Compeigne affords Stockings, Socks, and Caps ; as Margny does Cloths, Camlets, and Shags ; at Houdon are made a confiderable Quantity of Worftead Stockings ; at Dreux is a Fabrick of coarfe Cloth, and at Cbdtres, Litias, Meuian, Sejanne, Poijy, Claye, Lufarche, Moret, and Dovrdon, large Par- cels uf Leather arc tanned, and tliis laft is famous for knit Stockings, and ou* king BuflF. 2. The Province of ? vox Af, THfe natural Produds which this Province furniflies to Trade are Com, Hemp, and Wool ; and its Manufadures, Woollens, Linens, Caps, Tapeftry, and Soap. In RefpeCt to the firft, here is worked up five or fix hundred thoufand Pounds of Wool of the Country's Produce, and near as much more from Germary, Holland, England, Spain, and fome other Parts of France, fo that in the City of Amiens only are made about 129,800 Pieces of Stuffs, and 50,000 Pieces in the Neighbourhood, which arc called foreign Stufl^s, as they are made out of the City i and of the aforefaid Wool, the Camlet-makers alone take off 8o,ooolb. 8 X The 721 ! ::K 72a " GENERAL COMMERCE OF THE WORLD. The Cities of the grcateft Trade ir> Plairdy, next to Amit-ns, are Be.ntwiii and Ahbcinlk ; befides which tliere are many Villages and Towns, as '■Tilk\, FicnviL- Knjurs, E.uucLnls, Gnjuvillicrs, h'ruguiires, Aumt)li\ An-uoilk, G/nti^ny, m'\ SeuLs; in all which I'laces arc only made Serges of many Sorts and Qualities, nnd ■what in Fnnch is called Tintnincs, which I take here tf be mcai>t a Linlly VVool- Icy ; Mouy and Crevcceeur give a Name to fome of the former made there, as ^rhct and eleven Villages of its Jurifdidion docs to other Kinds of Serges of tlV.r Fabricaton. The fineft Woollen Thread fpiin in Pican/y is that of Amiens, where tlie Spin. ning employs a great Number of Hands, ajid confumes a large (^lantity of Wool both of the Country's Growth and Spanijh, which is ufcd for making of Caps and Cloths here, and in the Woollen Manufactures of Paris, FJbcuf, and Roiun. Tlnj Quantity of Hemp and Flax gathered in this Province is likewife very great, lb that the Linen Trade here equals that of the Woollen j and St. ^intin is whern the greateil Sales arc tranfadled, which may amount to 40,000 Pieces in a com- mon Year ; after 5/. Sluintin is Peronnc, and then Nejle ; the different Spajcs made in thefe three Places being feveral Sorts of Cambricks, from ten to a hun- dred Livres a Piece, Lawns, Gauzes, Hollands, printed Calicoes, eft. • The Fabrick of foft Soap at Amiens is fo conliderable as to produce yesrlytcn tlioufand Quintals, and at Beauvais Tapcftry is made, and in its Neighbourhood is carried on a large Bufinefs in Caps, Thread, and black Silk, Lace, Gimps, Qc, In j'lmiens are at lead two thoufand Looms conllantly employed, and iri its Neighbourhood clevai fulling Mills, turned by Water, whofe Qiiality is not lefs e.XLcllcnt iur Dying than it is for deanfing the Woollens, whicli of this Place alone fell tor upwards of 1,600,000 Livres. — The Linens of Plpi-^ny, Ore/hiMs, and Pllxcourt, are better than thofe of Amiens, of wiiicii about two hundred l*ieces are made and fold weekly. Mr. Savaiy fays, that the Cloths of Abbeville arc fo like to thofe of EnglaiiJmi Holland, as to render a flecifion in Favour of either very difficilt ; but either tlieir Fabrickb are grown worfii fince his Time, the contrary of which I am very well alfured of, or elfe he is guilty of a rrotcd Partiality to his Countrymen j for thou li 1 will allow the Cloth that is iticde tlicre to be c;ood, 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 fooner grows bare and fhabby ; this Experience has taught me, as I h.ivc for many Years fctn the Wear of them, and more than once examined many of tho fineft Pieces on the Spot. It is faid here arc about an hundred Looms, th.it employ upwards of fifteen hundred Spinners, befides as great a Number of Weavers, Cloth • Workers, Fullers, Dyers, and fuch like Artifts, necelTary to the pcrfedinj; \\\". Cloths ; and the Produce of them is computed to be at Icaft five hundred thoufauJ Livres yearly. Befides Cloth there is made at Abbeville, Barragon Serges, Dru;;- gets, (^c. to the Amount of about an hundred thoufand Livres, and of Stuffs made out of the Cit)', though in its Neighbourhood, two hundred thoufand Livres ; and extra of thefe Commodities, many others are the Products of Abbeville, as Pliifh, Caffoy, Ticking, coarfe Linen for Package, Gfr. to the Value of about 150,000 Livres. St. ^iittin has no Woollen Manufafture, though near ioo,ooolb. of Wool is collcdted in its Diftrift j it however has a large Fabrick of Linen, infomuch, that forty thoufand Pieces are made or fold here yearly, to the Value of 2,000,000 Livres j being Cambricks, Lawns, Hollands, and feveral other Sorts of Linens, which are likewife made in great Abundance in many Parts of this Province, whoft Inhabitiuits arc 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 524,0001b, of Wool, and Plenty of Flax of a very rich Quality. -,'■-.■».■- mi' •'-■-' Of ^ t? R A N C E, tV U ... ., Of the Products i9/"Champagne and Soidbns. •initE Pruximity of thefc two Province^, and the great Refcmblunce of their A Produds and ManufiK^urcs, have induced mc to treat jointly of them. The Soil, both of the one and the other, is very fertile in all Sorts of Grain, more efpc- cially Wheat and Oats, and their Hills are covered with Vineyards that prodiKC a moft excellent Wine. Hemp and Flax are cultivat^;J here in Plenty, of wliicli are made various Sorts of Linen, and Threads employed in the Manufadurin,;; of Lace. The Paftures arc admirable for Grazing, as may be judged from the Sup- port they give to fixteen or fcvcnteeil hundred thoufand Sheep, which yield be- tween tlircc and four Million Pounds of Wool, befidcs a great Parcel of bl.icic Cattle ; whofe Hides afford a fufficient Employ to fcveral Tanneries ; and, in fine, their Rivers and Brooks fct to Work many Forges for working Iron, hammering Copper, and milling Paper. The Territories oiRetbcl or Miizarin 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 witli Loaves, compofed with Rajie Oil, which Seed they gather here in plenty ; but the principal Produdt of thefc Provinces is the Wine, for which they are juftlyfo famous, and of which the heft is found at Rhclms, Si7/ade thm thole of the fined: Flax, called Bate/les, or Cambricks. At Rheims, and almoft all the above-mentioned Places for Woollen Fabricks, there are alfo cftabliflied fome for Linen, which with thofe of Hats, Caps, Lace, &e. are very confiderablci and furnifli a great Value to the general Commerce of France. 4. Of tie Lyonnois Foreft, and Beaujolois. VERY little Silk is gathered in the firft of thefc Diftrids, and yet Lyons is one of the Cities, where the greateft Commerce in this rich Merchandize is car- ried on. All the Silks brought in from the Levant, Perfa, Mejjiua, Italy, Spuiii, &c. for the Ufe of France, ought to be carried to Lyons, as to a Staple, and Irom thence fent to Paris, Tours, and the other Silk Manufaftories of the Kingdom. The Produds of thefe three Provinces for Trade, are i. Hemp. 2. Wine. ^. Vitriol, Saffron, and Copperas. 4. Coals, which arc confumed in the manu- ladluring Arms, and other Works of Iron. The Fabricks arcprincipally of Silk, and of the Materials ncccflary to its Pcr- fidtion, of whichthat carried on at Lyctis has ior many Years part been the moft confiderable not only in France, but iji any other Part Qi liurupe. Mt.Sa- 3 , *«"y i" li I J >■ I !i: sH ., m\ 724 GENERAL COMMERCE OF THE WORLD. vary fays, that there is yearly employed of Silk, Gold, and Silver in this Manu« f.i(Jtiire, to the Amount of eleven Millions of Livres ; that the Preparation of thde Materials to fit tliem for Ufc, and their Working up, arifes to better than three Millions ; the Sales made of them, to above three Millions more ; and tb.it of the fcvcntccn Millions, which thefe three Sums amount to. Foreigners pay near Oac- third, in Time of Peace, when Trade flourifhes. This might be very true when Mr. Savary wrote, but the Weaving and Dying Arts are fincc brought to fo great a Perfedtion in many Parts, more efpecially among us, that large Dedudtions mud be made from the preceding Calculations, and the Balances conGderably altered from what they were then, to what they arc now. The I.yonnois Manufadlurc 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 thcfc Metals, Damafks, Sattins, Velvets, Mohairs, Taffctics, and almoll every other Species made elfewhere. The fine-drawing, and making the Gold and Silver Thread, our Author fays, employs a thoufand Marks of Gold, and five MiU lion Livres of Silver yearly ; and nerc are alfo made fome Fullians, Dimities, and a confiderable Trade carried on in the Bookfelling Way. Other Parts of thcfc Provinces are noted for their different Produtfls, as Ht. Ejiienne and St, Chauinont, for Hardware and Ribbons, Roche for Cheefc, Beaujolois for Linens, and various Sorts of Paper, made in many Parts of them, which altogctlier render thefe Parts very confiderable in the commercial Way. 5. 0/ M O N T A U B A N. IN this Province are colleded from twelve to fifteen hundred Quintals of different Sorts of Wool, which, jointly with large Parcels from abroad, arc workcJ up by the Inhabitants into various Sorts of Stuffs and Cloths, making in all about lixiy thoufand Pieces. At Montauban and Cabor^ are made feveral Sorts of Serges and corded Stuffs. At Gourdon, Lt£loure, Realuillf, Vkfeftnfac, Aitchf, Mawjiiin, Mur-de-BarraSf Ejpalion, Foix, Pamiers, MillanJ, St. Giron, Tamjcon, Carlat, St. Gaudans, jij]>e^, Gimm, Montrejan, Montpezat, and la Caulfade, are made Druggets, Serges, Crapes, and coarfe Cloths, as they are at Beaumont de Ltrnaigf, St. Clair de Lomagne, yillefrancbe, Cramares, St. ylularis, and many other Places ; and alfo at fome few of them are made Barragons and fine Stuffs. At Monttiutm, Gourdon, and youillat, there arc Manufadlorics of Hats ; and, at this latter, feveral Tanners. Stockings and Caps are made at St. Clar de Lomagne, Pamiers, St.Gi' ton, Montrejan and Mirande. Hempen Linen at Gourdon, yilUfranche, St. Clar de Lomagne, and St. Antonin ; Paper at this laft and St. Giroul, and Tickings at 5/. Clar de Lomagne. The greateft Number of Forges are on tlic Side of Tarajion, which are twcnty-feven in Number. At St. Giroul there are four, and fome Hammers for beating Copper. At Foix there aro three Hammers, and in the Neighbourhood of Villefranche 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. 0/ G U I E N N E. THIS rich Province furnifhes Trade with large Quantities of Wine and Bran- dies, Vinegar, Prunes, Refin, Chefnuts, Oil, Iron, and Copper, wrought and unwrought, a great deal of Paper, and a middling Quantity oi Hemp; there aie in the Neighbourhood of Perigeux, thirty-nine Forges lor Cannons, and other large Works of Iron ; there are alfo many others near Dax, and k- veral Hammers for Copper at Bergerac, Orteix, and Nerac. On th^' Side of Oleron are four Paper Mills, and in the Neighbourhood of EergiKuc and Cajiel Jaloux fcvcn others. A large Quantity of Hemp is cultivated at tlic two Tonneins, and in fome other Places along the Gcronhe and the Lot ; but all the Fabricks are but trifling, when compared with the Crops of Wine and IJrandy, the flaple Commodities of thefe Parts ; infomuch, that in all this Province not above leventy-five thoufand Pounds of Wool arc Ihorn, and it is with thefe, aid 6 a tew '\ FRANCE. 1 (ev from Poitou, that all their Wocien Goods are made, viz. at Bordeaux, Bazas, Mont'de-Marfan, and Nay, thick Blankets j at youffac, coarfc Cloths; at Fonts, rome EAaniinast at Banters, the Stuffs called Cardillat; ; at Paw and Uarmande, Hats; at Cadillac, Nerac, ^nd yillentuve 4' jlgmoitf Stockings j aad at RtoUet Thread, Fringe, and Tickins. - 7H 7. Of Limofin and L'Angoumois. rpHESF two Provinces, though under one Diredtion or Receipt of Cu'iom, .' are very different in the Nature of their Soil and Products ; the Angoumois yields a fufhcient Quantity of Wheat, Wine, and all Sorts of excellent Fruits ; whild the Limojin on the contrary is cold and Aeril, has but few Wines and thofr bad, hardly any Wiicat, fo chat Rye, Barley, and Chefnuts commonly ferve for Bread to nourifk the Inhabitants. Both the one and the other Province have a great Number of Paper Mills, whoie Fabrick is in great Repute for the Prcfs, though vcre little for Writing. The Manuiadtures for Woolen Stuffs are very trifling in this Province ; how- evrr, there arc a few Stuffs, Serges, Eftaminas, coarfr Cloths, &r. made at Li- moges, Angoultmc, St. John d' Angely, Nerac, Rocbefoucalt, Sentereune, Cognac, St. Leonard, Brines, and at Tulle. The Saffron cultivated in the Angoumois, is no fmall ObjeA of the Country's Trade ; for, although it is not fo good as that of the dajimois, a great Quantity of it is fold at Bourdeaux to Foreigners ; and the bringing up of Horfes for Sale, chiefly at the Fair of ilbajlus, clofes ihe Commerce thefe Provinces. 8. 0/ P O I T O U, , , • i GRAIN, Wine, Chefnuts, Hemp, and Wo >, -e \cs^ ?roduAs of this Pro- vince; the Meadows, whofe Herbage v (. ccllent Pafture, enable the Inhabitants to raife and feed a great Number ' lar^ and fmall Cattle, of Horfes and Mules, with which they carry on a vt.y cu.ifiderable Trade. The bcfl Studs of Horfes are in the twelve Parifb' 'tailed the Wood of EJloi, in four of which there are Salt Marlhes. At Partinay, Niort, Fontenoy, Thouars, and many other Places of their Di« ftridts, are made Cloths, Druggets, Serges, and Linfey Woolfeys j at Niort alio Chamois is prepared ; Woolen Stockings and Caps at St. Mtuxant, and Hard- ware at Cbatetlerault. 25,0001b. 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 art annually made ; and here are only three Forges of Iron, and two Paper Mills. 9. Of Rochelle, Aunis, Saintonge, fSt. THE Products of the Provinces and Country that compofe this Receiverlbip, are Salt, Wine, Brandy, and Hemp, befides a Number of excellent Horfes % and their Manu&dturcs are of Linen, principally at Barbeftux. Gr»t Quantities of Sugar are refined at Rocbelle, and about 34,000 Muids of Salt gather^ in the Ifle afRbi/i 18,000 Ton of Wine, and 10,000 Barrels of Brandy. This Ifland is alfo famous for the Annifecd Water made here, not only among the French, but Fo- reigners. Olleron produces about 4,000 Barrels of Brandy, and the Sands of 0/- lonne yield near 20,000 Muids of Salt : Vail Quantities of Wine are gathered, and Brandy diflilled, at Rocbfort, Cbarente, Aigre, Xaintes, Cognac, and their Di* ftridls. Angouleme affords four Sorts of Merchandize, viz. Brandy, Pepper, Saffroiu and Iron, this lafl having Purges for it at Perigord, Aubarocbt, Rudeau, the Cbapple, Bourequoil, New Forge, Jomeliers, the Augoumoii, Pkndkmmer, aad Feui/lade. • i-s ir • . • • - .•*'!' 8 Y 0/ If'.,'. tf ^ i ^ iiff v^^ fi$ GENERAL COMMERCE OF THE WORLD. 10. 0/ O R L E A N S. \, THE Wines that are made in very great Quantities in this Province, amounting to 100,000 Tons, are the principal Part of its Produds, and it is laid, tbt B/ois and P.eaugcncy do not furnifh lels : It is likewifc very fertile in Corn, and not entirely barren in Manufafturcs, as at OrUatis, Dourdan, Gien, Blots, Cbartm, and fomc other Places, fubjcit to this Generality, are made all Sorts of Woolen Stockinjjs, both wove and knit, and at DourJan many arc made of Silk ; at Or- leans alio are wove Caps, as Cloths are at St. Ge mx, Clamecy, Chdtillon-jUr.Loing, and Moiittirgis -, various Sorts of Stuffs, different Species of Serges, Crapes, Capu- chin Cloths, Bays, Linfey Woolfcy, EAaminas, Jc. arc ir.ade at Beaugcncy, Blots, VcnJ'.me, Pierre- F it te, Montoir, Salbry, Soue/me, Nouitn-U-Fuzelier, Fitizon, Jergeau, Char ires, St. Fargeau, Brou, St. ylgnan, Chateau-Neuf, Brincnt, Sully, La Charite, Fetiviers, Pongoin, Chaudun, Bazochcs, Illicrs, and Atithon. This Province has feveral Fabficfcs of Hats, though the principal ones are at Orham, Veudome, La Ciarite, and B/ois ; at all which Places there arc likewifc conliderable Tanneries ; and in the Neighbourhood of La Charit^, are twelve Forges, and tlircc Furnaces for Iron. The Btaujfe and Vendomois, produce a great Quantity of Wheat and other Grain, as moft other Diilridls of this Reccivcrfliip do : In this Pro- vince, upwards of 200,000/^. of Wool are manufactured into about 25,000 Pieces of Cloth and other Stuffs, mod of it the Growth of the Country. II. Of Tounune, Anjou, Maine, and Perchc. THE principal Manufa(fhires cftabliAKd in this fruitful and plcaflint Part of France, are compri/ed in the filkcn, woolen, and tanning Commodities. The firft has its eftablifliment in Tours, the Capital of the Province of Touraine, where are made all Sorts of fine Silks, as Velvets, Mohair, Serges, Brocades, Sattins, Taf- feties, (£c. in which formerly were worked up 2,400 Bales of Silk, though at prc- fent three or four is more than I'utHcieot t and the fame Decadence that has hap- pened in this Manufacture, has occurred in the Woolen, as this hardly employs fifteen or twenty Looms now, that occupied two hundred and fifty before ; in thofc that ftill fubfjft, arc jtmhoife, Chinon, Ricblieu Loudtin, Lochc , Beaulteu, S:. Cbrijhphle, St. Pater, Laval, Beaumont, la Roue, Reziers, Montrejhr, Villehiti, Orliigny, Rtugaay, Chateau-Renault, NeuvUU, Pontpierrc, Maray, Neufay, Uijimt, and Montricard, are made much the fame Sorts of Stuffs and Cloths, as in the laft mentioned Province. Few Hides are now tanned here, in Comparilbn with tlie great Quantity that ufcd to be formerly. The natural Produds of thcfe Parts, conlift in Wines, Brandies,, Saltpetre, and fuch Abundance of iMuit railed, and afterwards prefcrved by the Natives, as has drawn on this Province the Appellation of the Garden of France. In the Parilhes of P/ir<:«(jy, Abillon, 6V. Man, and Mettray, arc Quarries of Millflones ^ and near the Abbey of Noyers, a Copper Mine was difcovered in the latter End of the lafl Century. About 7000 Pieces of Cloths, Serges, Druggets, Linfey Woolfeys, and other Stuffs, arc made in this Diftridt of Touraine, bcfides Ibme Caps, Hats, and Stockings ; in tliat of An'pvt arc gathereu Wines, Flax, and Hemp, of which large Quantities of Thread and Linen are made ; the Quarries of Slate, Iron, and Coal Mines, the WlMtAeries fur Linen and Wax, the Refineries of Saltpetre and Sugar, the Forges and Glafs- houfes, with the ManuAdtun of Eiraminas and Druggets of variuus Sort:, make up the Commerce of this Province j of thcfe latter about 4000 Pieces are made yearly at Angers, Chateau-Gontiers, la Fleche, Beauge, Saumtir, Ic Ludi, Dove, Mbntreuil, Betlay, Beai^'ort, anA Durtal, befides fomc Hats, Caps, (^c In the Territory of Maine, about 5,300 Pieces of the aforelaid Woolens are made, though the principal Manufacture of this Province is Linen, for which it pro- duces the Materials in vafl Plenty, and there has been lecn 20,000 People em- ployed at once in the feveral Branches of it: Here are alio fome Cilafs-houfes, Iron Mines, {jfc. and large Quarries of a middling bort of Marble. The Manu- factures of the fmall Province oi Percbe, are Linen Stuffs and Paper, of'whichthe firfl is the moft coniidcrable ; they havealfo here fomc i'or^es of Iron, anil carry on fomc Trade in the Grazing Way. 6 la. 0/ FRANCE. »2. 0/ B E R R Y. THE Sheep ah J Wool of this Province arc the principal Mat^ jals It Aimilhe* for Trade ; its Corn, Iron, Hemp, Nut Oil, Wines and Wood, would alfo rt cation a tolerable good Traffick, had they navigable Rivers to carry them off. I'hc lined Wool is (old for Roiien, and only the inferior Sorts workeid up here, of which are made the coarfe Cloths, called Drab do Berry, and fome ordinary Serges Druggets, Linley Woolfcy, (sic. at Bourges, IJJoudun, Chtileauroux, Vierfon, ^iUis, Auhigny, St. Amant, la Chajires, CaJHUon, Mehum, yiuAigni, Dun-le-Roi, St. B^noiJl-iiu-Salt, Buzancois, Leueroix, St. Savin, Sancerrt, Linieres, Ltrtt% La Chiippelle-dattguillon, jiifne-le-C bateau, St. Gualier, Ivry-le-Pre, ylrgenton, Siuvy-Ht .-Sifu/ciirf, yirgent, f^a/fnfay, Cinconet, Baugy, Sancerguei, Let Aixt Blancajort, and Etin'i/jemc/nt, in all from 47 to 48,000 Piccct. . 1 3. 0/ M O U L I N S. T^IIE Manufactures and Fabricks of this Province, which contains the 5owr- •^ bonnois, Nivernois, and the upper Part of Auvtrgne, are the Forges and Founderies, where Cannon, Anchors, and fuch large Works of Iron are made 1 the Manufadlurcs of Tin, Earthen Ware, and Glafs ; the Smalt Works, thofe of Cutlery and other Hardware, the r abrick of Tapcftry and Cloth ; and the natural Produits confill in Wine, Hemp, Iron, and Steel Mines, Coal, Cattle, Fifli, Chef- nuts, and Chccfe, The whole Province feeds fuch a Quantity of Cattle, as ex- ceeds Imagination ; and it is furprizing to fee how many Beeves and Sheep are every Year extracted from it for all Parts (even in Time of War) for Flanders, Qanhiny, and Italy : Here are alfo, in an Acorn Seafon, large Herds of Swine fat- tened { and in Return of ManufadluTs, the Iron, Steel, Iron Plates, and Tin, are melted, run, and form ;d into fevcral different Works, almoil in all the Forges, built on the little River of Nievn; which falls into the Loire, under the Bridges ai Nevers, and which before Joining it, gives Movement to the Bellows, Plam- mers, and other Machines of above fifty Forges. The Cutlery, and other Hardware, is made at Bourbon and Nevers, ond in this laft is alio made fome Earthen Ware, and fome Works of Enamel. At Aubujfon, and FeuilUtin, there are Manufactures of an ordinary Tapeftry ; and at Moulins, St. Peurfain, Montlufon, AeriJJhn, Decize, Cercy -la-Tour, Moulins-Engilbert, and Kevers, arc made fome coarfe Cloths and Woolens, though by far the feweft in this Province of any in France : This Receiverfhip produces in Wood, from the Nivermis, Hour bonnois, and more efpecially from Morvant, about the Value of 400,000 Livres yearly ; Coal from the Vicinage of Decize, to the Import of 120,000 Livres j Filh 300,000 Livres ; Hogs, in an Acorn Year, 300,000 Livres; Corn, Hemp, Wine, and Cat'Ie, 500,000 Livres > Iron 300,000 Livres j Tin 50,000 Livres ; Earthen Ware and Glafs 200,000 Livres j Cutlery and other Hardware, with fome Enamel, 150,000 Livres j and Tapeftry, Nut Oil, Gfc. to atleaft 150,000 Livres. The Products of Wool, and the ManufaChires of Linen, I paVs unnoticed, as thefc are all confumed on the Spot, as indeed moft of the Cloths and Stuffs are. 14. 0/ AU VERGNE. T^HIS Province is commonly divided Into H';5h and Low, and the Produdls of * each are as different as their Situation j the firft is mountainous, as the Di- ftindlion fecms to I'peak it, and productive of nothing but Food for Cattle, of which here is bred a furprizing Quantity ; and the Low Lands abound in Corn, Wine, Hemp, and Walnuts ; tlicir Meadows arc delightful, and fo fertile, that thofe in the Neighbourhood of Riom and CUimont, arc mowed three Timet- a Year, and the Lands in general never lie idle, or at moft arc not fallowed abc; one Year in twenty. There ?*? ■^.«H , I «!% 'I i ;. ^ I i ■ r ■A ja8 CF.NFRAI, COMMERCE OF THE WORLD. There are fcvcral Sorts of Manufaiftiircs In the Ativergmis, ami almnrt all the different Species fabricated arc of a very good Quality, but more cfjiaially tlw Paper, which is excellent, made chiefly at Amhrtt, and about •Thkn and Clinmit. The Manufadurei of Eftaminas, VVcx)Ilcn Camlets, and other Stuff's, arcat///«- hrit, Cuhihac, Olitrguf, Sansillangfi, and Sf, Flour, making in all about 10,000 Pieces. Laces are made at AurUloc, to the annual Value of 200,000 Livrcs, (lidujh formerly they produced near 800,000, and there are fome made at Mun-t, l,i V/jaj}. Dii'u, Alitrcof, and yincrolei. The Hardware of TA/Vrt and its NeighbnurhorJ, affords Subfiftence to above 5,00c Families, and Cards for Play arcmaifc hcrcanJ at Amhret. The Tanneries of Clermont, Riom, St. Fhi/r, Atiiringmt, Anjvf, Chaudi's~Aigu(s, &c. are very con fiderable, as the Dairies near yVz/rw/j^-, Moriih, Voltrs, Bfze, la Tours, and Jirdtt, arc in Cheefc : Many fine Mules and good Horfes are bred in the Studs of this Province, which, iK-fides the foregoing Par- ticulars, proviucea Maffs for Ships, and Wood for Carpentry, Goals, I'ruit, Wax, Glue, Tallow, Butter, Linen, liemp, and Nut Oil. 15. 0/ N O R M A N D Y. . TO trtat of this large and rich Province with due Regularity, I fliall do it ac- cording to its cuffomary Divilion, into the three Diltridts of Rouen, Ahi^m, r.'iii Caen, The former produces Corn, Cider, Cattle, (lemp, and V\\\, and bcfidcs has fome Fifheries at Dieppe, Honfeur, Havre, 6cc. Its Manufaiftures conl'ift of Woollens, Linens, Leather, Hats, Combs, Paper, and playing Cards ; at Roum, Elbeuf, Darnetal, St. Auhin, Aumale, Bolbec, Louviers, La Bouille, Gournay, &c. are made all Sorts of Cloth, Serges, Druggets, Ratines, Blankets, and divers Species of Stufffs and Hangings, in which are employed about i,too Looms, and from 8 to Q,ooo Bales of Wool, befidet other Materials, of which 5,000 are 5/(in;y. from 12 to 13,000 Pieces of Cloths, Serges, and ut' ■ bturfs ; the Crop of Wool amounts to 3 or 400,000/^. Weight; the Hides and I kits lu.iicc lor ttie U£ of the Inhabi- tants ; hen arc thirty-two Forgc^Tir Iron, and ( i/ht Paper Muii : Several Ingre- dients for Dying grow here, and Vvoad in jparticulii: i^uanlhcs ic a Mir.ir'e j Li- 8 Z 11C118 ;j9 r J iA rk w 1 1?« L I '■ !. :j ®« i» 7y> GENERAL COMMERCE OF THE WORLD. ■ III I !' 1^1 t; II :;!i nens are made ♦Jty ; and a few Produdlions. at Vitaux, Saulieu, and /iutun, though coarfe, and no lari^c Qnan- Stockings, with fome Lace, finiili the Catalogue of this I'roviin; ., i8. 0/ FRANC HE-CO I/I PTE. THE Produfts of this Province confift of Corn, Hay, Iron, Saltpetre, S,ilt, Cattle, Butter, Chcele, and I lorfes. The Rivers Siionc, Doux, Lovpioa, Loun; and fome Brooks, work upwards of thirty Forges and Furnaces, where i large Quantity of Bombs, Bullets, and many other Iron Commodities arc made ; iVIafts and other Wood for Marine Conftrudions grow here in Plenty ; unii the Saltpetre made in a common Year, is about 1,200,000/^. with Room for a con- fiderablc Augmentation at a fmall Expenre, upon a due Application. The bait is from the Pits of Montague don't, fo named from the rich Trcafurc it enclofrs, which however only confifts of two Drains of Water never dry, and which pro- duced an extraordinary Quantity of this Commodity. The Studs of this Diilriit arc very conlidcrablc, having always about 80 Stallions, 9000 breeding flares, and from thcfe about 5000 Colts yearly j here is no Manufadtur-: of DrajKrv, nor any other Produft meriting Regard. 19. 0/ DAUPHINE. 'T*HIS Province being divided into Mountains and Plain?, the Produdions crtr- ■^ refpond to this Divtrfity of Soil and Situation. 'Jhe Mountains prociiicc I'irs, and other Trees projicr for Marine Ufes, and cover feveral Sorts of Mineral'. ai.J Metals ; and the Rivers that atifc and flow from them, turn many Mills of- irg; ; and Foi.nderies, for carrying on divers Works of Iron, Steel, Copper, ami Lcui, according to the diticrcnt Species of Metals caft and wrought here. The princip.:!. Iron Mine is in the Mountain oi /llkvard, fix Leagues from Givnoi/,; being ol,.; excellent Quality, foft, enfy to forge and file, without Flaw. Tiic Copper Mi; , •ire in the Mountain oi Chcbc, and thofe of Lead in the GapOK^ois, near the ( u- of the y!r<"ciUi.'s, and at the \'ill.igeofy^rj('«//('nv, four Leagues from Ihian^oH. '-x the Territory of Bi;//i-s, thcie arc Slates ; in that of Ltirniige a Mine of \'itriol and Copperas, and another of Tobacco-pipe Clay, worked up at Tain-, Cr::iim ?:kI Cejiii'is, in the Bn'tinp/inois, produce Chalk, and feveral Parts in the l?p[icr:uiil Lower Dc.iipl.nny, Coal nnd Saltpetre, The Manufa.ud to th«^ Plains, where we may find growing in their proper Scafons, Hemp, Corn, and Mulberr;'- Trees, for the Nourilhnient of Silk-Worms. The Linen .Vlanufadtures of the fornicrarc nt .S/. Jobn-Cremiere, la Tour-du-Pin, Bourgoin, Fienne, "jallici, Ruy, LiJleDuk, ytrtas, St. George, Foiron, and at la Buijle. It is almoft in the fanic Places that Thread is fpun, for Sewing and for the diflcrcnt Sorts of Cap-making ; Silk is made through the whole Province, excepting in the Mountains, and fome Parts too cold for the Worms ; and befides thcfe, here are many Paper Mills at St. Donat, CSateau- Double, Perui, Dijim^nt, Chahueil, St. Vliiier, Crejl, Fienne, Rives, Parioi, and Fizille, The,Fabricks of Hats arc cftablillicd at Grenoble, Fontenil, Saffenage, Foreppe, Moirans, Crejl, and Pont-en-R a luitable Culture all thole Advantages which 73* H ' K * ! I I ■ I ■f ■ i'^M .*■ GENERAL COMMERCE Or THE WORLD. which it is capable of procuring ; it has plenty of Corn and Wool, but it nii^l.l largely augment its Crops of Wine and Oil, and cxjieft a furcr, n\ore bench- cial, and immediate Sale to thefe Commodities, than they ever fiiwl, cr can hope for from the others ; the Growth of Silk might alfo be greatly encrafsd, and Cotton might be j)lanted to Advantage, and this further improved by eila- blilhiiig Manufadtures of it ; much more Salt might be made, more Mines wrought, and a great Number of Things might be added to the natural Pro- ducts of the Country, for which the Soil and Situation is adapted ; however, I Ihall not enl.ii 4C on what this Part of France might be made to produc,;, but now acquaint my Readers with what its Produdls and MaiiufoiSturcs adu- ally are. This fruitful Province, one of the largeft, richeft, and mo/l agreeable of that Kingdom, has two great Salt Marrtics, the one at Mordirac, the other at Sigraii, both yielding vail Quantities of that ufeful Commodity. At Rrux, la Gnw^,-- dis-prcs, LoJevi; Carcajj'onnc, Limotix, Cajln's, Aiby, Aht, St. Cohmbc, Laidainl, Lai;'il, la Gract', ks iSaptes, Calabrc, Mwzar.ct, Tirru'res, la Cauith', BcJaniaix, St. Siiian, Sluil/iic, St. Hypolite, Bauzcly, Vigaii, Gauges, Saumcrmcs, Amiwzi:, ylltiis, St. Girvais, Soinmh'rcs, GardGunenque, ia Salic, Bczicre, Anijiw, and lic:!u- cairc, arc many Woollen Manufadtures of Cloths, Serges, Ratines, Baize, Craix-s, Drugget^, Liiilcy Woolfey, and feveral other Sorts of Stuffs : Of thj lilken Fa- bricks, the principal are at Touloufi, M'^iitpclicr, Nifmcs, Alais, cnA m foiiic other Towns and Villages ilong the Rhone, where are m.»de TafFeties, Tabbies, Cr.'pes, Tarat^dinc;. Drocudes, Damallcs, and fume (ioods with a Mixture of Silk and Wool, in which all the Silk gathered in thefe Parts is employed, being from 12 to \ 500 Quintals in a common Year. The Verdogris made at Mwtp:lier and iti Neighbourhood, and the Cryllal of Tartar prepared at Aniajte, arc in grcv.t Litum among Strangers. The Diocele of Mirepoix has alfo Mines of Iron, Coal), and Jetf ; the Iron is found and wrought at Courjbuls, St. Cohnhe, 'rljt'.ilau, and at heujiat ; the Coal at 'Iriiniut, and at St, Beticiji -, and the Jctt ■itl.oiun, anl Rii- naitt Of Hats the labrick i^ very conliderable in thefe I^.u:;; ; they arc mada at Akritpclicr, il^uHJiac, Sauve, St. Hypolite, Saiimcnhcs, Aiuhif-, Alius, Vfes, St. Ceniez, la Salle, h'ijhu's, Chrmont, Bcaucaire, Valh:,rgne, Mairvrin, ant' VaL- rangue; Chefnuts and licmp are plenty in the Vivarcs ; and in the Dijcclc of Carcajjonne, all the Inhabitants of the fix Boroughs, compofing the little Tcrri' y of Graljfefuc, are Nail-Makers. The Fabrick of Lace employs a good Pav. 1; '.he Workmen in Felay, and belides the Manutaftures before-mentioned t Mm:- pelier, there arc made Blankets, Wax is whitened, and thofe Drams txllc.i ;> /- I'olis, compofcd in greater Quantities than can be confident with tb.ir Drinkers' Health : Hut to abbreviate the Detail of this Province's Products, 1 :hali excufe giving a more particular Account of thetn than the preceding ; ihouyli 111 tlie following general one, I rtiall let down the Value of t!ic total I'rojiice and .ila- iiufacturcs, and add what Share of it is fuperfluous to tlie Province's Conliimji- tion, and thercfoie fent into others, and abroad. , .■KiV, «;• f --.. McrthanJize FRANCE, &?f. 733 Merchandize and Com- modities of the Growth and Manufadure of Lan-, guidoc. Grain ' ' Wine fiiandy Hungary Water Drams Verdcgris Olive Oil Woad Saffron Prunes Soude, or Kale Turnlbl, or Heliotropium Chefnuts Wood Staves and Cades Silken Goods Cattle and Wool Forged Iron Nails Melting down old Copper Paper Parchment Cardi Soap Whitening of Wax Linens Laces for Stays Pilchards, and other Salt-Fifh Lamb and Kid Skins Gloves Sheep, Goat. ' 10,000 "> J 100,000 800,000 50,000 258,000 50,000 :,' 30,000 30,000 60,000 90,000 _ •> .1 230,000 20,000 4,100,000 8,450,000 40,000 400,000 900,000 : 80,000 50,000 35,000 30,000 30,000 Livres 115,198,000 9"a "■ The Value of the Goods and Merchandizes, ex- traded for foreign Pa'ts, and other Pro- 'inces. 400,000 830,000 440,000 1 20,000 150,000 200,000 1,000,000 25,000 80,000 60,000 30,000 15,000 60,000 150,000 30,000 1,500,000 600,000 8,000 60,000 10,000 100,000 - r.' ■ ' 30,000 5,000 50,000 60,000 400,000 30,000. 150,000 40,000 60,000 20,000 5, "00,000 150,000 600,000 JO.OOO 50,000 20,UOO 15,000 15,000 Livres 13,093,006 1 % r* ,' 'f i' aj.O/ 734 — ' ^1 »v I GENERAL COMMF.RCE OF T!1F WORLD. 22. Of t/je Lower Sa-xtk iifui Bnv. ... F Hcarn cannot be called fruit/il, '^c I.ovpr Nai/t:rr^ is much Irfs T-, ii^iig a mountainous barren Countr)', whoij oc '1 will not j- odi.ce any 1 iuiig but thro" Force of Application and Care ; nd it is uvvrng to tl>e '.abour, AlTiduity, and In- duftry of the Inhabitants, that it yields tbc lit Je it d> •-: The Vallies of liurcfm, AJpc, and Offane, in the Prec-nif^, or Smtr'^aujc, "f Olroii in Beam, proJuces Pines to make Mails for the Royal Navy ; they likewifc cnclofe fomc Mines of Lead, Copper, and Iron, which employ a Quantity of Forc'cs, rouiuknics. and Hammers J fome Salt is alfo made ii different Parts of Hiurn, though very little more than ferves for the Natives' Confumption. The Productions of this Country for Trade arc Wine, Wheat, Millet, Oats, Apples, Flax, aiui ILinp, with which latter they make fome Linen, as they do Cider with their Apples, felling their Wine, of which that of the Scnefch.dry of Nhrlac is eftcemeJ ex- cellent. Thefe two Provinces, more efpccially the Mountains of Navam-, have moft admirable Pafturage, wh.-h enables the Inhabitants to breed and niife a great Number of Horfes, black Cattle, and Sheep, of which latter the Wool is fo f:ne as to pafs for that of Spain j though here are no Woolen Manufac- tures, except a trifling one for coarl'e Cloths for the poor Natives' Ufc. 23. 0/" Frcnch-Flandcrs. OF which Lijle is the Capital and Centre of its Trade ; its Manufadures, and the Undertaking of its Merchants, eiaploy and maintain about ico.ooo Workmen, either in the City, Suburbs, plain Country, or the neighbouring Villages : The Commodities which this Part of Flanders produces are Grains of all Sorts, for the Food both of Men am' Beafts j Hay, Wood, Fruit, Wool, Horfes, Flax, Cattle, Butter, and prodigious Quantities of Rape Oil. The Manufadtures confift in Cloths, Sii^i;'?, Ratines, and divers othev Sorts of Stuffs, made with Wool alone, or mixed vn\h Silk or Thread ; and others, where feveral Sorts of Linens are made, both figui ."i aiul plain ; Hides differently tanned j Tickings, Camlets, Damalk.s, Velvets, La es white and black, either of Thread or Silk, Tapeftry, gilt Leather, PipcK, Match, Pafteboard, Stockings, Oraches, Caps, or other fuch knit or wove Work j fine Ozier Balkcts, Hats, Barragons, Crapes, Blankets, and feveral other Sp;;cies of Stuffs : All thefe Manufadures are eftabliflied in the City of LiJle, and i!\e Commerce they occafion can hardly be imagined. At Orchies r.rc made Trippes ; at Donay, the fame Things in Proportion as a Lijle ; zX Armer.tiers Effcijiinas, fome Cloths, and a very few light Stuffs } it is in this City alfo thai the Linens made in the adjacent I'arts a'C all fold ; ?.t Lanoy and its Jurifdirtion fome light Stuffs alfo are made. At Corgd. • Fabrick of plain and figured Linens, whitened in the Whitfteries of tE;:- Place,. Arhich are excellent for the Purpole. There arc feveral Lo, .ns of Wool-';' ''>..'}$, or thofc mixed with Silk, at Roubais and Turcoing -, at M'«/» is a Fabrick of Linen, and another of Hats ; and in fine, at fournay are inada worded Stockings, mock Plufh, and Earthen- Ware. ■•1 24. O/* Lorrain jWf/ Bar. " '" 'T^HERE are but few Woollen Manufadtures in cither of thefe Duchies, and ■^ none of Silk j what little is carried on of the former is at St. Nicholas, St. Ma- rif-aU'Minet, but the Cloths are very coarlc and in little efteem. At Nancy is a Fabrick of ordinary Hangings, though fo trifling, that I (hould not have mentioned It, but to avoid leaving out any Manufadture in a Country where there are ib few, That of Thread Laces is not only more confiderablc, but is almolt the only one that merits any Regard } Mericourt, Vezelize, Neufchuteau, and fome Villages in their Jurifdidtion, are the Places where moll are made, and employ five or lix hundred Women or Girls ; it is true they are far from being fine, but of a Quality very fit for the Spanipi Markets, where feveral thoufand Pieces are annually lent. Houfe- hold and other Sorts of Linen, Worikd Stockings and Caps, Hats, Cordage, Nails, a and 1,1;.*' tm FRANCE. ai.d Papc ar- .'X'^ Manufadlurcs of thcfe Provinces, but all confumed at Iloinc i and v/hat liicy a/lord for Trade is Salt, Iron, Alum, Saltpetre, Wood, Cattle, Wool, Rape Oil, kloncy, Wax, Wine, Brandy, Skins, and Cl.ifs. Places proper for making Salt arc found in many Parts of Lonain, io that at Icaft a Doz'Si miglit be appropriated to this Purpofe, which would fi'ri ifl\ a 1. rge Qii-'.iititv I an tx- cellentSortj t'.i oagh only three are now wrought, '■ju.. at hi'^zLn's, CbatuiH" Salim, .nd Dieuji. The Iron Mines are chiefly in the Mountains of Fofre, though there are fome in the plain Country ; tlicy afford Plenty of Metal, and employ a grc.\t Number of Forges. The Allum Mines are only found in the Foyv/i: near Loiigcvi, and are of little Advantage to the Lorrainers, as they neither know how to cxtradl c . prepare it. Of Saltpetre diey have no Mine, but colled: it, as clfewhere, on thf Walls of old Iloufes, and other antique Buildings. Timber and Marts are fellei' in the Mountains of FojW, both for Ship and Land Uil- ; and the Glafs-houfcs are eftablifhcd in the Woods of tiie Provoftry of Arnay, in thofc of St. Mic/.HU'f, and at the Village of Tavoy, three Leagues from Nancy. Brandies are dirtillcd at Font-n-MouJj'cii, though not fiom Wine as in other Parts of France, but from the Prcfiings of the Grapes, which are every where cUe regarded as ufelefs, or at moft ferve only for feeding Pigeons, or to dry and burn. The Skins par- ticularly thofe of Bears, which are taken in large Quantities in the Mountains, and the Forcrts of Vofgi', aie fold at Strajbtirgh, &c. Wlieat grows here in Plenty; and t\\t j^orraiiicrs are ertecmed the beft Founders in Europe-, efpe- cially for Cannon, Ivlortars, and Bells ; the Inhabitants of Levefcour, Outremt- cour, and Iheraniic, arc tiie niort reputed for thefe Fabricks, and this Art may be icgarded as a Sort of Trade in Lorraiu, 25. Of i/je tiiree Bi{l\oprkks. UNDER this Title are comprehended M'te, Toi/f, and Ferdun, three imps- rial and epifcopal Cities in Lormiii, now fubjeft to France. The Products of this Country are Wine, Weed, Grain, Salt, Hides, Fruit, Confedionary, Brandy, Linen, and wrought Wood of St. I.ucia, a fwcet- fcenteu Woodj be- fides which here are feveral Woolleo Manufadures, and I'abricks of Caps ; the bcft of which are eftabliflied at Metz, and its Neighbourhood, which confift of all Sorts of Ratines, divers Species of thin Serges for the Women's W^ear, ccarfe Cloth, with fome Druggets, and Ertaminas. Toul and Verdun have alfo Ibmc of thefe Manafadures, but very inconfiderable, both in Quantity and Quality. Worfted Stockings are made in all the three Cities, and thcle Parts abound fo in Tanneries, that there .ire above forty at Mtt^., more at Verdun, and "'•vsral at toul. A Sufficiency of Salt is extradcd from the V/orks of Moyenvi,', av thefe produce about 9000 Muitls /xr y/«««w. Oil is made here from th". L'.rnin Rape-Seed, both for their Woollen Manufadures and Lamps, The vi antains of ^c/^t' furnifli the three Biihopricks with Cattle, Butter, Cheefe, S' • s, cfpc- cially thofe of Bears, and Wood for all Ufes ; bcfidcs which they make Jira!"]y in the Manner that is exprefled under the preceding Sedion of Lorraiu. 7j3 .i^i- ■I., ' ttt- m. I H 'T'J y. . . .. 26. Q/' ALSA ii. npHE Trade carried on in this Province, bears no juft Proportion to its Per tility, and the Number of its Produfts ; however, StraJOurgb, the Capiul of the Lower A/face, furniflies Trade with Tobacco, Brandy, Hemp, Madder, Alkcrmes, Saffron, Hides, Tallow, Wood, and large Cabbages, of which laft Commodity, though fecmingly trifling, tl e is yearly fold at Mayence and in Holland, to the Amonnt of 30,000 Crowns ; The Manufadures of this City con- fift of Hangings, ordinary Cloths, Blankets, Se.-ges, and fome Linens, made both of Hemp iuid Flax J at Ciromani, St. Marie-au-Daines, AJlembare, ^.nA Mwijier, arc Mints of Silver, Copper, and Lead, all in the Upper Aljhce -, and to melt and prepare the Iron of thefe Mines of Bifort, there arc many Furnaces and Forges in the neighbouring Forcrt, and for thofe of Copper, a Number of Hammers and Foundcrits, 77. Of :i(-ii;y'iiii ^LiAiMSa 7^1 GENERAL COMMEUCF. OK THE VvORLD. m 27. 0/ R O U S S I L L O N. THE Wool, Iron, and Olive Oil of this Country arc the principal of its Produdts for Trade : The firft of thcfe are fo fine and good, that they al- moO ciiual the Spanilh in Quality } the Extradl of Oil in a roi'imon Vn.-, is to thf Worth of 2 to 300,000 Livrcii ; but of the Wine, though good, only a nuildling Qua itity is foldj the Reft of their Trade confifts in Wheat, Millet, large Cattle, and Sheep. Roujjillon has no one confidcrable Manufaiihire j here arc !iowcvcr Ibnie Blankets, ordinary Linens, and coarfe Cloths, uudc for the Pealanti' Clothing and Ufc. I HAVE now finifhcd my Detail of what each Country of France pro- duces, and fliall next inform my Readers how thcfc Froduds are dilpoled of, in the general Traffick of that Kingdom, cxcufing to mention any Thing of the Trade carried on with Grent-Britnin, as this has been fj)okcn to already. The Commerce of France is cr:tcnded alir.oft to every Fart of the known World, where any is carried on, and it is this only I fliall fpeak of, without regarding their Home Trade, and fliaii begin firft witli that they maintain with Holland, as -^he nioft confidcrable of any other they are engaged in ; and the principal Cities con- cerned in it, arc Pcrii, Rouen, Orleans, Dieppe, Dunkirk, Si. Valery, Caen, Names, St. Malo, la Rocbdie, L'lp de Rht, L'ljte d'Oleron, P.ourJeaux, Bcrbcrac, Mon- taulhin, Bayonne, Lyons, s.nd Marj'eilles, whofe Trade .th the Dutch I Ihal' de- fcnbe in Order. Of the Manufadures of Paris, are fent to Holland all Sorts of rick ^ilks, as Geld and Silver Brocades, and thofc without cither of thcfc Metals j Gros de Tours, Damafk, flowered and plain Sattins, Tarandines, Thread Laces, Ribbons and Girdles, Aprons, Head Drellcs, Gloves, Tans, Jewels, Books, &f. Erom Rouen they extradt Linens, Caudebec Hats, Laces of Silk, and of Gold and Silver, true and falfe. Silk and Worfted Stockings, divers Sorts of Mercury and Hardwares, Greening Weed for Dyers, Thirties for Clothiers, Safli Glafs, Bon Chretien Fears, Rennet Apples, Cider, and Sweetmeats. From Orleans, they have only Gdtinois Saffron, Orleans Wine, and fome from tlje Loire, and Brandies : Dieppe furniihes them with Sa(h Glafs, Laces, Mercury, and Hardwares, and a large Quantity of Combs, and Horn Tobacco- Boxes. The Trade of Dunkirk with Holland is now reduced to the Importation only of tne Returns the former gets by >« ylmen'can Commerce, and which are principally lent to Rotterdam. St. I'l'lery has hardly any Trade with the Dutch, nor docs Caen remit them any Thing but Fapcr, which is lent both to Amjlerdam and Rotterdam. St. Malo fupplies tl!c former with Paper, Honey, Grain, Calf-Skins, Grindftones, India Goods, coarfe Sugars, and feveral Spanijh Commodities. Nantes fends them Bretagn^e Linen, Butter, when fcarce in Holland, Corn, fuch as Whciit, Rye, and Mallin, Honey, G'i/V/«fi« Saffron, jLo/>f Wine and Brandy, Paper, Prunes of t>t. dilharine. Sugar, Indigo, Cocao, Rocou for Dying, and Cotton Wool : Rochelle furnilhes Amjlerdiim with Wine and Brandy, Salt, Paper, brown Sugar, Syrup, Indigo, Martinico Cocao, Walnut-Tree Boards, fife. The lUcs of Rbe, Oleron, and Town of C<.^//jf, fupply it plentifully with fmall Wines, particularly that from St. Martin, Brandy and Salt. Bourdeaux fends there Brandy, Vinegar, Perigord Chefnuts, Prunes of St. Antonin, Walnuts, and VVainut-Tree Planks, Honey, Montauhan Saffron, Linfeed for Oil, Paper, Turpen- tine Refill, and Fitch, coarfe Sugars, Indigo, and Rocou, Syrups, and feveral other Commodities. Bergerac only affords for this Trade, Winr and Chefiiuts, with which at Icaft a hundred and fifty Ships go yearly laden from hence and Li- bwrne to Amjlerdam, Erom Bayonne are carried there the feveral Wines of Jour' naij'cn. Beam, Chalojfe, and Cape Breton ; Brandies, Chefnuts, Prunes, Hains, Liquorice, Turpentine, Relin, and Pitch ; a large V^tcdoi Spanijh Wool, Honey, Ikd Fcatlicrs, and Linfeed, Lyons on\y deals with Amjlerdam in Silks and Ex- changes, though Marj'eilles fends there Olive Oil, Soap white and marbled. Brandy, St. Laurence Wine, Olives, Capers, Anchovies, Honey, Almonds, Fiy;s, Raifins, Currants, Tunny Filh, Dates, Verdegris, Perfumes, Woad of Languedoc, Marjeilles Quilling, Silk Stockings of Nijines, all {Jorts of Arabian and Levant I . Drugs nc-pal of its '■'1^^ they al- *'«^'"i is to only a feat, Millet^ jKihire; here "adc for the ■poled of, i„ '>"'g of the |y- 'wn WorM, prding their /lDvr- they however llill fiipply Porlu^nl W\x\\ this Cdmnuxlity, and both Kingdoms w'jd^ fome Woollens for their ylmerican Trade ; on tl»c contrary, raw Silk is carried tVoin Italy to France as well by Sea as Land, and all the Itali.ui Stales in Return takcolF fomc Part of their fleecy Trenfu re wrought into Serges, Cloths, Drugget;, G\. t)f Hats, fomc are yet cxiwrted to all thefc Countries, thougli in notning near tiic (Quantities as was ufual when thofcof(tf«i's-liqy, MlJ/iJ/ipi, l>'ejl,r>/, .wi ■* Canada Companies; the Company oi ytcadie. Company of tlie North, /,..•.' Company, and .SV. Domingo Company, all which have been fo altered and jtun- bled togetlicr, that U would take up too much Time, and be little to the i'ui 6 piili, (*'c are concerned, I (hall ;;ive my Ri .idcr fome Idea of the Method ol its Tr.infuctioii, and acquaint him with the Alfortments of Goods proper fc an Intcrell therein. Tlic Galleons war, a Name formerly given to large Men of War of three or four Dales j and though it has been for a long Time difulcd with this SigniAcancy, it is however ftiil retained by the Spaniiirds, and ufed indifferently (or all the Ships which yc.irly fail from Cadiz, for Ciirtitagi n.i aiid Porto- Hi Ih j of thcfc, there arc eight tor the King's Account, which are Men of War, and fron> twelve to fixtcen bclonj^ing to Merchants, who obtain, or rather purchalc, tlic Permiflion to undertake this ^/w,. riam "N'oyagc. The Ships are all fitted out at Cadiz, from whence they ni.iy fiil at any Time, though they commonly depart fonic Montlis before the I'luta, which leave this Place always in Auguji, and arc about two ^'ears before they return. 'I'he Flota confifts of three Men of War for the Kind's Account, and an equil Number with the Galleons for the Merchants, from tcur hundred to a tliouLmd Ton, which fails, as before obferved, about Augujt, for la Vera Cruz, and is •ge- nerally nineteen or twenty Months in its Voyage. Bclidcs thefc Dilliniifioiis in the irt/i-I/iJia Convoys, there is yet anotlicr, under the Denomination of the Flotilla, or little Flota, which the Spaniards give to fome Ships, lent before the Flota on its Return from la kera Cruz, with an Account of the Time of its De- parture, and what its loading confifts of. When thefe Fleets ftt out together, they feparatc in tlic Latitude of the AnlilUt, and rejoin on their coining back at the Havanna, in the Ille of Cuba ; the Galleons are always the richci>, thouj^li th« Allortmcnts of Goods pro})cr for the dificrent Markets, much the iumc ; the fol- lowing therefore will indifferently fcrvc for both. From F N G L A N D. Cloths in twenty Pieces, nineteen Brown and one Black. Scmpetcrnas, in forty Pieces, the following Colours, viz. Fifteen Pieces of Parrot Green, fifteen Pieces of Sky Blue, five Pieces of Murtt, five Pieces of BLick. Serges, all Brown, or forted like the Sempeternas. Eftaminas, wide and well calendered, Browp and Green. Serges, fine, of a fcarlet Colour. Says, White and Black, well calendered. Bombazecn, double. Brown and Grecnifli. Serges of Hoogwet, half White and half Black, very fine and well calendered. Bays of Colcbejler, the hundred Pieces afTorted as follows, viz. Twenty Pieces Black, fifteen Pieces Parrot Green, fift«-;n Pieces Sky Biiif, twelve Pieces of the befl Yellow, ten Pieces Scarlet, ten Pieces Red, eight Pieces Vioht, five Pieces very WLtc, five Pieces Carachuca, a Colour which I am qviitc ignorant of. Stockings, Worfted, of the firft and fecond Sort. Ditto, Silk, ordinary knit, in Packets often Pair, viz. Three Pair Sky Blue, two Pair Dove Colour, three Pai* Parrot Green, t*o Paif light Yellow. From FRANCE. Several Sorts of Lint.j, as Rouennes, Florettcs, Blancartes, G?f. Caflor Hats, two Thirds White, and one Third Black. Plufh Velvet, the* twelve Pieces aifrorted as follows. Four Pieces Muflc, two Pieces Olive Colour, two Pieces Amber Colour, one Piece Sky Blue, one Piece Flcfh Colour, one Piece Parrot Green, one Piece Black. Stuffs called Lamas, twelve Pieces, affortcd as follows, 1 Three SPAIN. Wr. Three Pieces Flcrti Colour, three Pierce Sky Uhic, tlircs Pieces Parrot Green* three Pieces Caracucha. Thread Stockings. Laces, Ciold ami Silver, from one fn tight Flnj^crs wide, one Third of each Sort, Cuti of black Laces, a Foot, or half a Yard wide. From Ihlhtnti inA Fhtuhrt. Cloth, fine, of two Auncs wide, twelve Pieces, alfortcd as follow*, viz. Two Pieces Wack, two Pieces Scarlet, two Pieces ot' .i light Nut Brown, two Pieces Olive, two Pieces of deep Cinnamon, and two Pieces of Muflc. Cotton printed Cloths, called Guineas, which are denominated Hollandillas in li[>jin i twenty-five Aunes long, and the AHortnient of a hundred Pieces to Ik as follows, Gfr. Thirty Pieces deep Blue, twenty Pieces pale Blue, fifteen Pieces Parrot Green, fifteen Pieces Orange, ten I'icces Mulk, five Pieces Yellow, and fivtf Pieces Flerti Colour. Or as the fubfcquent ; Fifty Pieces of Blue, deep and pale, ten Pieces of a p.ile Flefli Colour, tcrt Pieces of Parrot CJrten, ten Pieces of Orange, ten Pieces of Mulk, ten Pieces Yellow. Some Pieces of Goods made of Goaf! Hair, wide and narrow very fine, of iMulk and black Colours. Nonpareils, P.ilimitcs, Serges oi Lei^c of a deep Scarlet j ditto, corded, oi Holland of lively Colours ; Dimities, Browns and CJiecns, Says, fine, half Black and half of a very good White. Tapes, White, made of Erverwelt Thread, of twenty-eight Threads, the two Thirds. Ditto, Fledi Colour, of eighteen Threads, the other one Third. Carter I lats, fine, two Thirds White and one Third Black. Pepper and Cinnamon, when they are cheap; as the Charges run high on them. Cloves and Mace, in a fmall Quantity, as the Confumption is not great. RuJ/id Hides ; Muflc in the Cotls and out of thcnj. Wax, White, in Cakca of five Roves.- Knives, with Ivory Handles. Stuffs of LiyJfH, of a fine Blaek, two and three threaded \'clvets. Plulh Velvet. Silk Brocades of plain Colours, among which mult be neither Red nor Flefh Colour. Barragons of Ltjh; and double ones oiVjlencit'nncs. Picote Woollen, of modeft Colours and Browns. Ditto, Silk, Lamparilles and Anafcotes. - Serges, fine, of Gcrnia/iy, all of brown Colours. Cambricks, of the fineft and cleared Sorts. Hollands, very fincj and Laces of all Sorts, efpccLilly fine. Lace, called Cortes, of the Price of eight or fixtecn Rials of Pl.ite the Yard ; the AfTortments of the Cortes oi Anvcrs are made for a hundred, as follows, viz. Twenty Sorts of TranllUas, in two AlTortments, viz. Ten of the fame Pattern, from two to four Inches wiilc. 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 Licenciados, very fine, of one or two Inches wide, and fome from three to four Inches wide, for Women's Head DrclVes. Tranfillas and Aluxeriados, of the fineft, from one to two Inches wide. Damaflc Napkins and Table-Cloths Some PLtilles, Edopilles, aud Bocadilles. 9 C From 74« \* I 1 i' 11' m -^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I Li£12.8 Ui Hi lit Wuu ■ 40 |Z5 2.0 1.8 1.25 1.4 ||.6 «< 6" ► Photographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14SS0 (716) 872-4503 74« GENERAL COMMERCE OF THE WORLD. From ITALY. Lames of Silk of Naples, the ten Pieces a/Torted as follows, viz. Two Pieces Flefli 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 follow- ing 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 fame Colours. Guirviones, or Corcondilles of Naples, MeJJina, and Genoa, of Brown Colours. Silk Eftaminas and Gorgeranes, of the fame Colours. Plain Silks of Florence of a low Price, the ten Pieces alTorted thus j 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 Colour. Flowered Silks of a middling 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, forted as follows ; Fifty Skeins Brown j ten Black, Pearl and White; ten Parrot Green; ten Dove Colour ; ten deep and Sky blue ; five deep Green ; five deep Yellow. Since the above Calculation was made, the Spaniards have improved greatly in their Manufiiftures; and now, at leaft in a great Part, fupply I'everal of the pre- ceding Commodities from their own Lootps ; of which Don Gcronimo de Uztariz fays, in his Theory and Pradlice of Co-nmerce, there were formerly no lefs than fixteen Thoufand in Seville, though they now are reduced to about three hundred ; which Decreafe, though a feeming Contradidion to what I have alferted of the SpaniJJj Improvements, is, however, not fo in fadt ; as the Decay of Trade in one Place has been more than equivalently augmented in another ; thus the City oi Va- lencia, Alicant, Alcoy, &c. have gone on for fome Years pall increafing both in their Silk and Woollen Manufactures, infomuch, that it is now computed there are in this kingdom only two thouf-ind Looms ; in Catalonia above five hundred ; and in the Kingdom of Granada a thouland : And as there arc alfo feveral of both Sorts in other Provinces, we may reafonably conclude, there are not at prefcnt fo few as ten thoufand in all Spain, which one would imagine fhould be fufficient to clothe both Rich and Poor, as the Inhabitants of Spain are not fuppofed to exceed feven Millions and a half; however vvc find the contrary, and though the Imports to that Kingdom are greatly diminilhci-! within a few years paft, yet they ftill continue very confiderable, more efpecially to furnifti out the Affortments proper for the Ami' rican Settlements : Wool and Silk are the natural Produds of this Country, fo that the Natives have a coriltant Supply of Materials for their Manufadturcs within themfelves, and the Crown has prudently prohibited the Extradtion of the latter, in order to encourage them, as I doubt not it would the former, did not the Sheep jffo- duce more than futficient for the Subjeds' \j(c. A Patent for the making of Crydil Glafs was granted on the 30th oi "January, ijzo, to Don John Goycnecbe, which ftill continues ; and the fame Gentleman undertook the cutting dovvn, and con- veying from the Pyrenees, Marts, and Timber for Shipping, which he ftill performs, by having eftablifhed three Works, in the higheft and moft craggy Parts of thole Mountains ; one of them in the Kingdom of Arragon, upon the Mountains of VJ- funa ; 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, ZurizaOeiti, and 7'zeizpe/a, all being brought by Land and Water Carriage into the River Eiro, for his Catholic Majefty's Navy- It is alfo owing to the Induftiy of this great and ulei'ul Man, that many Fabricks of Pitch and Tar arc eftablilhed in many Parts of tlie Kingdom of ylrragon and Catii- Ionia, more efpecially in the Mountains of Tort-Jit, where the great Plenty of Pines 6 affords ^11 1 S P A 1 N, feff. affords fufficient Matter for a very large Increafe of thefe neceflary Commodities j and indeed moft of the Mountains in Spain are covered with thefe Trees, and the Extradlion of thefe Refins fo eafy, that it is a Matter of Surprife any Importation of it is permitted from other Parts j yet I believe much more is brought in than madie here, notwithftanding what Don Geronimo de Uztariz, before quoted, aflerts, that the Manufacture of all Kinds of Riggiiig in Port-Royal is with Hemp and Tar of the Spamjh Gronsith. At Sada in the Kingdom of Gallicia, Cables, Cordage, and Sail Cloth are made, as this latter was, fome Years ago, by that good Subjedi and confummate Statelman the Prince of Campo Fhrido, then Viceroy of Valencta. The aforcfaid Don John de Goyeneche eftablirfied with his Glafs Fabrick twenty-fix Looms for Cloths, which manufadtured fifty thoufand Yards yearly for clothing the Troops j befides others for soldiers' Hats, Buff, and Shamois Leather, Looms for weaving Silk Handkerchiefs, Ribbons, and Girdles ; a Diflillery for Brandy and Hungary Water. In Madrid has been fet up a Manufadture of TifTues, Luft- rings, and ether Silks, in Imitation of thofe made at Lyons in France, and irovn. whence mofl of the Artificers have been drawn ; without the Gates of that Me- tropolis has likewife been raifed a Fabrick of fine Tapeflry, fimilar to thofe of Flanders, under the Diredtion of Mailers and Workmen from that Country. The Fabricks of fine Cloths at Guadalaxara, Valdemero, Alcoy, &c. are very confiderable, and arc undoubtedly greatly improved both in Quantity and Quality within a few Years paft ; yet our above-mentioned Author mufl excufe my diiTenting from his Determination in Favour of the latter, when he afferts they are as fine as the Englijli j for I cannot allow them to be equal to the French, much lefs to what is undoubted- ly their Suptriors ; and I fpeak this with due Deference to Don Geronimo's Judge- ment, which I revere in other Particulars, though in this it feems fomething biaffcd and prejudiced in Favour of his Country. The Spaniards are well known to have excellent Iron, and may whenever they pleafe caft very good Cannon, Ball, ^c. at their Founderies of Lierganes and Cavada, which are but at a fmall Diftancefrom the Dock Yard? of Gaarw/Vfl and Santona. Fron\ the Fabricks of Eugui, Azura, and Ituriieta, a Supply of Bombs, Grenadocs, Ball, and Grape Shot, may be drawn, and Gunpowder is made, all glazed, in feveral Parts of the Kingdom. Ir. the Forges of Placentia in Guipufcoa, only three Leagues diflant from the Sea, is manufadured a confiderable Number of good Fire- Arms, fo that they may eafily be conveyed by Water to any of the Yaids, as Nails, Anchors, and other Iron Works, proper for Marine Ufes, may be, their Forges enjoying the fame advantageous Situation j Hemp grows plentifully in feveral Parts of Spain, and might eafily be increafed, if the Natives fet about its Cultivation, particularly in the Plains of Granada, Murcia, and Valencia, where I have fcen five Crops of it, and its Price fo reafonable, that my afore-mentioned Author lays, a Propol'al was made to furni(h the King with 25,000 Quintals, at four Dollars per Quintal, clear of all Charges. I fhall now fay fomething concerning the Companies eftabliflied in Spain, and with this clofe up my Account of the Trade of that Kingdom. The Royal Company of the Philippines. THE firft AfTociation in this Country was that now mentioned, whofe Char- ter was dated at Seville the 29th of March, 1733, with the following Articles. This Company was eflablifhed to carry on a Trade diredlly to the Philippines, and had a Privilege, Art. I. To fail to the faid Ifles, and to trade there, and in the Eajl-Jndies, and on the Coafls of Africk, both on this, and on the other Side of the Cape of Good- Hope, and in all the Ports where other Nations have a free Trade. Art. II. and HI. This Privilege is exclufive, and all former Permiffions given are 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 fiiall pay no Duties, being confidcrcd on the Footing of the Royal Navyi and the Charity for the Seminary of 5/. Elme, and the AdmiN lion of Youth for the Study of Navigation, Ihall be at the Choice of the Directors. Art. 743 M w p iH ! i! wn Pi m ^i;r m !'i:!.» i 744 CP.NERAI, COMMERCE OF THE WORLD. Art. VI. As alfo tlic Nomination of the Mafters, Carpenters, and Caulkers ; on Con. dition, however, that they be with the King's Approbation. Art. VII. If the King fells or freights any Ships to the Company, they fliall be fuch as it requires ; and the Price ofthc S.ilc or 1 lire fhall be agreed between tlie Intendunt and Comptroller of the Marine at Cadiz on the one Part, and the Diredtors 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 Cttdiz, without paying Duties, except on thofe they re-fell ; and all the Cordage, Sails, &c. fliall enjoy the llime Exemption, as thofe ufed immediately fur the King's Service j and in Cafe they want any Thing from the Royal Arfenals, it fliall be delivered thein for its juft Value. The Company may fettle Magazines whcrevrr they pleafe, which fliall enjoy the fame Privileges as the King's, and b, vifited in like Manner with thefe, on Sufpicion of any Fraud. The Diredors may nominate their Officers from among any Foreigners, provided that tiic Captain and half the Crew are Spaniards. Art. XIII. XIV. XV. and XVI. And the Company may alio name Strangers, for their Fadors, who, as well as the Oflicers, flvail be fubjeft to Puniflimcnt if they do not adtually follow the Diredors' Orders. Tin King will grant the Company fome Troops, ifneccflaryj and if the Ships of the laid Company, which are prohibited going to America^ are forced on that Coaft, they itell be regarded as Men of War, and provided, at a reafonable Price, with all they want ; and in Cafe they have not fufficient Cafli to difcharge the Expence, tliey fliall be fupplied with it from the Royal Coffers, and the Company fliall rc- imhnrfe the Kinq at G//fc. Art. XVII. XVIII. XIX. and XX. TheComp:niy may freely embark any Me chandize and Produds, either of Spain or other Coun- tries, to kll or truck; and tliey may alfo load 500,000 Dollars, more or lefs, on each Ship, to employ in the Purchafe of Goods ; and in Cafe any Silver rcniaini, they may truck it for Gold, and on the Extradion of the faid Silver they fliall pay iioCufl;om, i£c. The remaining Articles, to the Number of fifty-two, are con- cerning their Cargoes, Cuftoms, ^c. Concerning the Guipufcoa Company. THE Province oi Guipufcoa, feeing their Countrymen defpoikd of the Caracca Trade by Foreigners, offered his Catholick Majcfty, to equip for his and the Nation's Service, fome Men 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 themfclves ; his Majefty admitted the Off^ers, and granted the faid Province an cxclufivc Charter for that Trade, on the following Conditions. 1 . That the Province fliould ered a Company, and fend yearly to the Caraccas two Ships of forty or fifty Guns, laden with the Produds oi Spain, which (hall jDroceed to the Porr of Guayca, and being unladed, fliall go out and cruize on the Coall, and take all Ships and Vefltls they fliall find carrying on an illicit Com- me.ce, and may extend their Cruize from the River Oronoko to the River de la Hiicha, for which Purpofe they fliall be furniflicd with a Commilfion from his Majefly. 2. That the two Shi .s fliall be loaded at St. Scbajlian, or at PaJJ'age, and inftead of the Royal Duties which they fliouid pay at Cadiz, they fliall render to hisMa- jtfl:y an equivalent Service, and fail dircdly from Guipufcoa for the Caraccas. ^. That on returning with their Cargo of Cocoa, Silver, Gold, Tobacco, Sar- faparilla. Hides, and other Produds of thofe Parts, they fliall proceed to Cadiz ; and atter having been vilited, and the Royal Duties paid, they may tranfport to Can- tabrid fuch Part of their Lading as they fliall think proper, without fuffering the confiderable Expence of delivering and re-fliipping their Goods. 4. That the Prizes which they fliafl make in America, fliall be divided one- third to the Crew, and two- thirds to the Company. 5. That the Merchandize taken may be Ibid at the Caraccas, on paying the King's Cuftoms. The Ships taken, with their Ladings of Cocoa, and other 3 . Goods, t I. i^HliiMi' n SPAIN, Uc. Oboi s.ftiall be rcgiftereil dnd font to Spain, and tlie Ships tliat flnll be decnled fit for Cruifeis may be equipped for that Purpofc. 6. That the Company's Fadtors, having any Qiv.'.ntity of Cocoa remaining, may fend it to La Fira Cruz, ii. the Barks appointcJ lor the Trade permitted to the Inhabitants of the Caraccas. 7. That the '^'adors fhall he obliged to fupply with Goods, bcfides the Province of FetKzuela, thofe of Cumana, Margarita, and la Trir.iJaJ. 8. That the Governor of the Caraccas (hall be nominated Judge Confcrvador of the Company and their Depender^ies, with a Prohibition to all Tribunals and Minifters to intermeddle, with a Right of Appeal to the Council of the Indies. 9. That thefaid Ships (liall be exempt from paying Strangers' Duties, fcV. 10. That his Majefty will maintain the faid Company nnder his Royal Protec- tion, and make thofe concerned in it to enjoy all the Rights and Honours that appertain to thofe of his Royal Navy ; and the Share which any one fliall take in this Commerce Ihall not prejudice his Honour, Eftate, or Reputation, neither diredly or indiredlly j but on the contrary, this (hall be a new Luftrc added to his Gentility, his Services, his Charadter, &c. The faid Company formed Bye-Laws, for their better Government, to the Number of twenty-four, which I excufe adding as fuperfluous here ; and fof the fame Reafon fliall omit mentioning the Steps taken by the Dutch, by tlieir iVIinifters at Madrid and Paris, to obtain a Revocation from iiis Catholic Ma- jefty of the faid Company's Patent. 745 If iv. ,1 Commerce of Porti/oal. ^T^H E R E is hardly a State in Europe, vvith the Title of a Kingdom, and whofc J- King has no additional Territories, that is of lefs Extent than that of Por- tugal; and yet no one has puflied Trade farther, or has maintained it with a fu- perior Reputation. Its great Conquefts in both Indies^ its Eftablifliments in many places on the Coaft of j^/rica, and the Poffeffion of the Azores, Madeira, and Cape de Verd Iflands, for- a long Time fupported the faid Commerce, which it might probably have yet preferved> had the Union between this Kingdom and Spain never happened. This Union fo fatal to the Portuguefe Trade, was agreed on in ] ^80, after the Death of Cardinal Henry, Succeflbr to the unfortunate SebajUant who was killed at the "BiiXXXc oi Alcacer iiy B-fiary, the 4th oi Augujl, 1578; and thereby be- coming Subjeft 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 fliaking off, Brazil was foon loft, and their new Enemies became Maflers of a Part in their Eaji-lndia Conquefts i 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 being equally glorious and profitable to them. It is true that after a conftrained Union, or rather Servitude of fixty Years, Portugal recovered its prlftiltive Power or Liberty, and all the States, which it had remaining in the other three Parts of the Globe, were unanimous with it, in eleA- ing John Duke of Braganza for their King, who was accordingly proclaimed on the I ft of December, 1640. But the fatal Blow to the Portuguefe Commerce was ftruck ; for although they afterwards re-poffeffed Brazil, and their Forts and Eftablifhments on the African Coaft were reftored to them, thofe of the Eajl-Indies weie never again fettled i infomuch, that the Trade fince carried on at. Lijbon, is nothing in Comparilbn with what it formerly drove, when the Riches of Perfa^ Arabia, the States of the Mogul, the Coafts of India, China, Japan, and all the Ifles of that vaft Part of the Ocean beyond the Line, came to be united at Goa, the C.ipital of their Eaji-India Conquefts, and were by numerous Fleets brought to Lijbon, for their Diftribution to all the Nations of Europe, by the Hands only of thefc their fok Importers. • • .^"-..i .av.' • i i> r.-^;;; 1 . m . , • y.-'"^ 9 D - V * ■-)*..',, • \yrA . The •Ii-. M -• ■f. I ■ l> if r I M 746 GENERAL COMMERCE OF THE WORLD. The prefcnt Trade of Tortiigal is princijially carried on by Foreigners; and flic chief Places for it arc LiJ'ocn, Porto Port, Vila dc Conda, St. Ut'rs, and Faro in Europe; though in the Commerce of their yf/wr/Vw/ and other Settlements, none but the Subjeds can openly be concerned. Of that with the hjiglijb I have already fpolic, and (hall now mention vvhac Branch the other Nations are engaged in. The Dutch (cnA to Lijbon, all Sorts of Linen, Woollen, and Silk Manufactures; fuch as printed Cottons, and Chints, Mullins, and Cainbricks, Holland, OJhahruck, and Silc/ia Linens, Black Silk and others. Delft Serges, Men and Women's Clothes ready made, Wigs, Hats, and Gloves, Silk. and Worfted Stockings, Ruffia Hides, Copper Pans and Kettles, Steel, Mercery, and Hardwares, Powder, Cannon Balls, Hemp, and Flax, Corn, Paper, and Cards, befides which, moft of the Merchan- dizes fcnt from Holland to Cadiz are proper for Lijbon or the Brazils. And in Return they take trom the Portuguefe, Brazil Sugar, Tobacco, and Snutfs; Vcrnambuc, Campeche,znA Brazil Wood, Hides, Cotton, Ginger, divers Drugs, Sweetmeats, Indigo, Cochineal, Sumack, Annifeeds, Wool, Oil, and Olives, Figs, Raifins and Almonds, Oranges and Lemons, Pearls, Diamonds, and other precious Stones, Gold and Silver Ingots and Coin. The French Trade with Portugal is but fmall, as his moft Chriftian Maiefty brought it to this low Ebb, by prohibiting the Importation to his Dominions of Portuguejc Sugars and Tobacco; there is, however, a Sale of forieof the French Brocades, Perukes, Gff. though to no great Value. The Commerce with Italy furnifhes them with Paper, and fome Linens from Cienou; Glafs Works from Venice; and Silk from thefe and moft other Parts of this Country; who carry back with them Sugar, Hides, Tobacco, &c. From the northern Powers are brought here Hemp, Flax, Tar, Pitch, Iron, and all other naval Stores for the King's Yards and otiierwife ; befides Copper, fomc Linen, isic. and the Ships bringing thefe Conunodities, of which the Sn-edes arc always moft, relade with V/ine, Brandy, Oil, Salt, Oranges, Lemons, Cork, Sumack, and fome few other Commodities. The American Trade employs a great Number of Ships; as there fail annually from Lijhon and Oporto twenty to twenty- two Merchant- Veflels for Rio Jiinciro; thirty for the Bay of All Saints; as many for Pernambttc, and itwcn or eight for Paraiha; thofe for the two firft Places, of five hundred Tons Burthen; but for the latter, not above half as big. All the Ships deftined for the fame Part fail together, and obferve the fame Me- thod in their Return; thofe of 0/>cir^o joining thofe oi Lijbon. The Paraiiaani 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 Janeiro, two for All Saints Bay, and one for Pernambuc; fending fome VelTels to meet them on their Return in the Latitude of the Azores. The Departure of all thefe S.hips for Brazil is commonly in March, and their Return in September ov Oc- tober; 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, ordinar}' Worfted Stuffs, Linen and Thread of the Country; Silk Stockings, Hats, Baife, Serges, and other Wool- ens from England and Holland; whitened Linen called Panicos, and raw ditto named Aniages and Groga j Copper Plates, and other P.cquilites for the Sugar En- gines and Mills from //tfw^arf/i; fome Linens from Bretagne; a few Druggets, Serges, and clouded Brocades of all Sorts of Colours from France; and Tabbies, Taffeties, fewing Silk, Paper, (Sc. from Italy. The Englijh Goods, however, make up the heft Half, and generally find the heft Difpatch. From the Bay of All Saints the Ships come laden with Tobacco, Sugar, Sugar-Candy, Indigo, Whale Oil and Fins, which come afhorc here in great Quantities from June to Septemkr, Cotton, Oil, and Balfam of Capaiva, Ipecacuanha, Pareira, Brava, or the wild Vine, af- firmed by Mr. Savary in his Didtionary, to come from hence, though denied by Dr. James, in his Difpenfary, to be a Native of this Country, as he fays that it is ot the Eajl-India Growth; both allow it to be a good Diuretic ; and the former re- ports that the Porluguefe regard it as a Specific for the ftoiie and Ciravel, whicii induced me to mention it here, fome Cinnamon, long Pepper, Ginger, Elephants Teeth, from the Coaft of AJ'rick, Copper from Angola, Hides, Silk, dying and 6 Uvcet ■PORTUGAL. fweet fccntcd Woods, Saffron, Rocon, Laqiie, Rock Ciyftal, Cocoa, Ambergris, that the Sea fometimes throw s lUhore, Amcthifts, of which here is a Mine, Gold, found in the Gravel of a River near a Place called Si. Paul, of which the Kind's Fifth may nearly amount to eight or nine hundred Marks, and all Sorts of Sweet- meats wet and dry. The Ships that touch here from Goa, in their Way to Europe, furnifh the In- habitant of Brazi/ with Spice, Drugs, and other Eajiern Merchandize; and by thofe from Angola and Congo they receive their Negroes, at Icaft fifteen thoufand yearly, Ivory, Wax, Honey, Civet, Gold, and all other Commodities that thofe Parts produce ; but thefc Goods, the Slaves excepted, arc moftly fent to Portugal n the Lijbon Fleet. Pirnamhuc produces only Sugar, and Brazil or Fernambuc Wood, being fteril in the Ncceffariesof Life; and the Inhabitants, who are more numerous than in any other part of the Brazils, would hardly be able to fubfift without the foreign Supplies the Ships bring them ; on the contrary, Rio Janeiro is extremely fertile in bugar. Indigo, and Cotton, as it would be in Tobacco, was the Growth of more than what fuffices for the Inhabitants' Ufe not prohibited ; it likewife brings Wheat to Pcrfeftion, and has Brazil Wood, Hides, and Fifh Oil in Plenty. It is particularly with the Portuguefe of this Part that the Spaniards of Buenos y^rw carry on their Trade; thefe furnifhing them With Flour, Bifcuit, Salt, or dried Meat : and the Portuguefe giving in Exchange Sugar, Tobacco, Indigo, Wine, Brandy, Rum, and feveral otiier Merchandizes that they receive from Europe. 1 he principal Company which the Portuguefe have is that Trading to the Coaft of Africa, of which I Ihall give fome Account, and with it conclude my Treatifc on this Nation. -•■ 747 P ■i \ il . 4| a.u.r The Portuguefe African Company. Til E true Objedt of this Company's Trade is the furnirtiing 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 Angre, over-againft the Ifle of Cortfco, which belongs to the King of Benin, near the Coaftof Gabon, otherwife called Poa'^p, in i". 30'. South Latitude. 2. That they ftiall furniffi as many Negroes as the Portuguefe Plantations in America (hall have Occaiion for. 3. That it fliall not be permitted either to Portuguefe or foreign Ships to traf- iick on the faid Coaft, on Penalty of forfeiting Ship and Cargo. 4. Neverthelefs if any Ships arc forced thither, either by Stonn or fome other Neteflity, the Company's Fadors may permit them to water, and likewife fell them the Provifions they may ftand in Need of, without permitting them, how- ever to tranfadl any Bufinefs. 5. That this Conceflion (hall laft for fifteen Years, after which it (hall be lawful for his Portuguefe Majefly to prolong the Term, or to re-enter into Poffeinon of the Country granted. 6. In this laft Cafe, his Majcfty may take Pofleflion of the Forts, Artillery, Ships, and other Eftedts of the Company, on paying ready Money for them, ac- cording to the 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, tlie Funds it would coniift of, and the Price of the Actions. Thefc Con- ditions were couched in twelve Articles, of which the principal ones are. That the Fund (hall only be one Million of Crufades. That the Adlions (hould be woj-tha thoufand Crufades each, of which the Pro- prietors (hall pay th.-ee hundred Crufades at fubfcribing, the fame Sum in the Month oi December, 1724; and the remaining four hundred Crufades whenever the Company thinks proper, after fix Months* Notice. That thofe Proprietors, who (liall not comply with the Payments at the Time prefcribcd, (liall forlcit what they have itlready advanced. -"•"'..»■'"' That i-'^i^i \f ■I'f yij I i lU ■■!l !i:t ..:-ried on with Germany and Turkey, which in Value furpafies all others^ the Republick has granted large Privileges to the Merchants of both Nations, eftabliHied in this Capital, and has afiigned vafl: Edifices to the one and the other, as well for their Habitation, as a Depofit for their Merchandize; that of the Turks, called the Palace of Turkey i and that of the Germans, II Fondaco di TedeJ'chii If any Difpute happens between the Turks and the Republick's Subjedls, iii which the former think themfelves offended, they demand Satisfaction in fo haughty a Manner, and receive it fo promptly, that it feems as if there was a Fear to Refufe it them. In Regard of the Traffick with the Germans in Stiria, it is partly by Sea and partly by Land in Waggons { and with this I conclude the Trade of Venice i though before I clofe the Section, I fhall add the following Method of calculating the Venetian Money, as I was not fo explicit about it when I treated of its Bank. Concerning the Agios at Venice, and the Difference between Bank and current Money. TH E R E are two Agios, the one conftant and fixed of 20 per Cent, called the Bank Agio; the other fluctuating like that of Amflerdam, and is from 120 to 1 28, which is called the Sopragio, becaufe it is calculated on the Bank Money, after the firft Agio is added. As for Exampltt ' : •■'' ■ Ducats 2000 Banco at the Sopragio of 128 4. 400 Bank Agio of 20 per Cent, I' ,i.vl. 2400 20 480') 4 96J Sopragio of ia8« Ducats 3072 Current. 128 100 3072 to 2406, froih which deducing |. for the Bank Agio of 120 4. 400 , .. ;'•.•,• .. ■. ,) _ Ducats 2000 Banco. But however the Sojnagio vary, be it 128 more or lefs, fuch Sum of Ducats current will be reduced to Ducats 834- Banco. 9 £ From IM fi 750 GENERAL COMMERCE OF THE VVORID. From hence it ap|->cars that hy making 824., the midillc Term, or l>y muhi- E lying the Current Ducats by 83;, and dividing by tlic bopragiu, tlic Amount in Sank will be given. Its 8"' 3072 9216 24576 1024 256000 Ducats 2000 Banco. 2000 The Bank of Fvnt'ce is fhut on all Holidays, and every FrUtty of the Week in which there is no Holiday; befidcs which there are four Times of the Year in which it is fliut, for feveral Days together, agreeable to the Order of the Senate 29 Fi'i. 173!. and not as I by Miftakc mentioned in treating of the faid Bank, viz. The firft iliutting of the Bank to begin the Saturday before ralm-Sunda\; 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 25d Sept. and open the fecond Monday of OHolh'r. The fourth— on the 23d Dec. and open the fecond Monday of January, - Of the Trade of Ccno^, . >; - THIS Republick for a long Time difputed with that of Venice the Empire of the Mediterranean Sea, and the Trade to the Z-^t;*?^^ j but after the celebrated Vidory of Chiozza, as mentioned in the liiftorical Introduction, they cvafed to rival the Venetians, after they had done fo for near three hundred Years ; it is, however, certain, that they now only yield the Superiority in the Levant Tnis to tlieir ancient Competitors, as their's 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 witli Loml>ardy. Raw Silks, and in Skains, which the Genoefc get from Meffina, and other Ports of Sicily, and the fine rich Silk they make in their Capital, occafion a conlider- able Trade, and they fee an annual arrival, however, ai Ships, hardly credible, all of which take fome of their Manufadlures : It is true, that for fome Time part, the Bufinefs of their City has not been fo brilk as ufual; but as it is to be hoped they will find fome Means to re-eftablifli it, I fliall dcfcribe it as it has been, with my beft Wiflies that, Phcenix like, it may rife out of its own Aflies. The Fabricks here are plain and flowered Velvets, and fome with Gold and Silver Grounds; Damafks, Sattins, Tabbies, Gold and Silver Tiifues, and many other Sorts of Silks, both plain and flowered; here arc likcwifc Oil, Olives, dry Sweet-meats, Silk Stockings, Gloves, Breeches, and Waiftcoats, Ribbons, Gal- loons, Paper, Soap, Rice, Oil, Olives, Figs, Almonds, Anchovies, Marble, Le- mons, fccntc'l 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 th v always keep a Conful there. In the flourifliing Mra. of this Republick, it was Miftrefs of feveral Ifles in the .Archipelago and poifeflcd many Cities and Towns on the Coaft of Greece, and the Black Sea ; Pera, one of the Suburbs of Conjiantinoplii was once under their Domi- nion, which facilitated the carrying on a great Trade in the Levant. The Decline of their Power, and the Lofs of fo many States, occafioned the Ruin of their Commerce in the Dominions of the Grand Signor, where their Merchant Ships are now rarely fct-n. ' • - > " -'.?*''■-'- - "- • .... ■^;;;;;a«^.; ^. ' .J w When ITALY. Wlicn foreign Ships arrive at Gentd, which is one of the fined Ports in Ital», they Hcpolit their Gocxls in a great Warehoufe called Forto Franco, becaufc the Merchandizes brought in to be foKI, as well as that to be exported, pay no Duties atcoic ig in, or going out; the Merchants only paying at the Cuftoni-Hoafc ia I'roponion to the Sales they make, and it i^ permitted them to reimbark whatever remains unfold, without any Impofition. In 1741 an Infurancc Company was formed at Genoa, which has contributed to the Revival of the Commerce of the Republic; the Plan of this Comfuny was infcrted in the former Editions of our Work, but upon a careful Revicv of the Articles, and comparing them with the Syftems of othf- Companies of a (imilar Nature in Englmd, France, and Holland, it was found that they con- tained no Information whatever that could poflibly be of fervice to the Mer- chant, or the Statefman of the prcfcnt Times, for which Reafon they are omitted. The Genoefe have a Levant Company ftill fubfiiling, which was eAabliHicd in 1645, though it has for fome Years pad done fo little Bufmefs, th.it it is hardly remembered to be an Aflbciation, its TranCidtions are fo trifling in a corporate Capacity. They likewife had a Company edablifhed formerly under the Title of Ihe Company of the GriUi, which fupplied the Spaniards in America for a long Time with Negroes, but on their agreeing with the A£iento Company, this of the Genoefe was overfet. I muft here introduce fome Account of the Ifland o\ Corfca, as Part of the dnoefe Dominions, and I am the more tempted to do it, as the Natives have rendered' themfelves fo famous in their Strujjglcs for Liberty, and done fo much towards making themfelves a free People. All their noble Efforts for Indepen- dence have been however rendered abortive; for Genoa, unabli; to fubdue the ccl'olute Inhabitants of this fmall Ifland hcrfelf. concluded a Treaty at l^erfailles, ill 1768, whereby that Republic formally ceded Carfca to the French King, for an indeterminate Time- In Confequencc of this Meafure, a confiderable Body of French Forces being fert to take Polfeflion of it, their Numbers foon eflfeded this glorious Conqueft over a handful of brave unhappy Men, and in 1769 their General i'lifcal Paoli left the Ifland. In might have been apprehended that this Procedure would be confidered as aa Infradion of the Treaty of Aix la Chapelie, by which it had been provided that no Change (hould be made in tlie State oi Italy: But however this may be, tlie Reft of Europe, even England itfclf, contented themfelves with being mere Spec- tuors of this Event; and though they profeflled to pity the Fate of Corf ca, af- forded no Aliiftance to check the Hand of Oppreflion, and fuccour expiring Li- berty in a poor little Nation whofe Number does not Amount to 200,000 Souls ! The Mercure Hijlorique furniflits us with a Ihort, though curious Account of them and their King Theodore, which I have tranflatcd, in Hopes it may be agrct- able to my Readers. " THE War which has fubfifted for fome Years between the Genoefe and the Corjicans leaves Room to doubt, whether they will remain with the Pofleflioli of that Ifle, or whether it (hall pafs under fome other Power, or whether the Inhabitants will obtain their Liberty. In the Interim, for the unravelling of tlie myfterious Intrigue, which King Theodore has played, who was elefted in 1735, I Ihall here obfervc, 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 Abfencej he afterwards made them a Reprefenta- tion, conlifting of feveral Points, which they agreed to, without the leaft Difficulty; they were, above all, extremely well fatisfied with the Difpofitions taken to extend their Trade, and they eftabliflied a Council of Commerce, compofed of four Corjicans, and the fame Number of foreign COmmiflaries, converfant in Trade, from which they flattered themfelves with great SucceISi and it is a Matter of Suriprife, that a Nation till then hardly known» fhould find themfelves in a Condition fo fuddenly to make themfelves talked of. They attended to the Manufadtuies of divers Species of Goods; arid the Cropls were 6 fo 75» L L \\\ "•' ILiiili; (■H ' II % » . S :, i 'I :.l ..;ii.- 7Sa GENERAL COM MERCK OF THE WORLD. To abundant this Year, 1737, that the Corn, Wine, Oil, aiul other I'rnlt^, were at a very low Price, which inuft naturally put the Chiinbcr of t omiiiLrti; in a Condition to procure great Advantages from Foreigners ; hut, as Momy j^ very fcarcc in Corjtca, they permitted the Inhabitants of the Low Couiitiy, tu pay their Taxes and Capitations in Fruits, CSc." The principal Articles of King Theodore's Propofitlons were, I. Tnat they ought as foon as poflible to fct about making feme Salt-Ponds, as the Nature and Situation of the Country proniifcd fo great a (^lantity oi tlut CommoHity, as may load an Hundred Ships yearly i fo that the Crown and Sub- • jedts might draw Advantages from this Brant h of Commerce. n. That they ou"ht to encourage the Working of the Iron, Copper, and Lead Mines which arc dilcovered, to cxtradl not only Iron for common Ufi;s, but liir Cannon, Bullets, and other Things necclfary to put an End to this tedious trou- blefomc War, and thereby favc the grofs Sums fent out of tlic Ille to purchali: them. III. And as here is a great Abundance of Brimftoneand Saltpetre, tiKy on 'In to build a Mill on the moft commodious River, to make what Gunpowder tiicy ftiall need in the Kingdom, and repair the Want under wliitli they luvo hitherto laboured in this Particular, without mentioning the vull Sums it his coft. IV. They ought to encourage Agriculture, tlic Majority of the !)eft Lands iio- ing uncultivatedj and to this End, they ou^ht to cftablilli in each Pifve imx^ CommifTaries, intelligent in this Art, who fhall be particululy charged to take Care, that the Peafants till each a certain Spot in their feveral Dillridts lur their own Advantage j and in Parts improper lor the Plow, each Pcal'ant lliall Iv; obliged to plant at leaft four thoufand Vines, or a thoul'and Olive Trees, ami all Sorts of Exemptions fliall be 'anted during ten Years for thofe Ground:, li) newly cultivated. V. By an Ordinance publiHied throughout the Kiiirjdom, one conllant an.! uniform Meafurc iha'l be cftabliHied for all the Fruits jj;i owing here, fucli as Uij, Wine, Honey, Pitch, Tar, and other Commodities put up in Ca(ks; and at tlw fame Time, one Ell, one Weight, and one Bulhel, fimilar and conformable to the Standards of other Trading Nations. VI. Whereas a 0.uantity of Silk maybe ihippcd for abroad, they fliould 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 fituatcd than any other for it, with fo great a Number of good Ports and Bays, we would have our good Citizens accuftom thcmfelves to it, by making them fenfible of the Ad- vantages arifing from fuch an Application. To which Purpofc we have thouj^ht jjropcr to eftablifli a College of Commerce for Account, and at the Expencc nt' the Crown. The Commillioners of which College (hall be obliged to piuchalo of our Subjeds all their Fruits and Produfts of the Country, fit to be fent abroad, at a Market Price, paying them in Manufadtures, or other Silver Coin j But, if tlio .Peafant will not give his Produds at fuch a price, he ihall bring them into t!'.e Crown Magazines, where a Receipt fliall be given him. The Conuniflioners (lull Tend the(e Produds with others, and their refpedtive Invoices, to the Confuls and Corrcfpondents of the Crown in foreign Parts, with an Order to draw out the particular Accounts of the Produce of thefe Efledts, in Order that there be given to every one what belongs to him. The Proprietors fliall receive at the Ci>l!*L'e of Commerce the Returns, or Imports of their AccKunt:;, on payin;;, befides t!ie Carriage, five />fr Cent on the Capital, to defray the Charges; and if the Pea- fant be ncccfljtous, and cannot wait for the Returns unairilkd, he nsay receive from the College, the half, or two thirds of the \'aluc of what he delivers, for which he fliajl pay on balancing Accounts half/xr Cent, for fix Months, befidcs the five per Cent, aforementioned. And to give a greater Credit to the faid Ci-1- .Icge, we engage our Self and Crown for it. And \vc order our Confuls, Re- fidents, 'or Corrcfpondents, to contract and negociatc only with the faid College, and they (hall fend us whatever wc cannot pafs without it: our Iflc. No \'eiiel ■ . 3 fluU I T ALT. rtiall be admitted without the PcrmifTion of thefaid Collcgcj and our Corrcfpon* (liiits abujad ihall li.ivc the lame Credit as thofc here, and bcfidcs that, the Cha- ucUrof C'ouiilcllor of Commerce of this Kingdom. \'III. And forafmuch as that our Kingdom abounds in Wood, Pitch, Tar, lUnip, and every 'Ihing necellary for the Conftrudtion of Ships ) this Article fliould be taken very fcrioufly into Conlideration, as alfo what concerns the I'idicry, &i:, I'his little IliAory is not intended folely to amufe, but will likewife ferve to (licw what that Illand contributes to Trade, as the Commodities therein men" tiuucd are the I'utal of its I'rodudts; 0/ tie traJi' of Naples. THIS Capital of the Kingdom of the fame Name is a Place of great Trade, and the Cioodnefs of its Port attradts vaft Numbers of foreign Velfcls to it; but in order ftill to increafe its Commerce, and raifc it to the highed I'itch poiiihk", Don Ciir/'js, the late King, invited the Jews to fettle there, by grant- iiiL,' them fcveral very great and fingular Privileges, as will appear by the follow^ ing Kdiit publilhed on the 3d of h'ebruary, 1740, by Order of his Sicilian Majefty, viz. I. It is granted to all Merchants or others of the Ht'&rew Nation, a full and abloiute Siife-guard, Faculty, and I'ormifliori, to come, remain, traffick, pafs on, or ftay, with or without tlicir Families, in our Kingdoms and States, as alfo to depait, and return, without any Obdaclc, both in Regard of their EfFeds and Pcrlbns; anil this for the Term of fifty Years next following, to commence the firft Day of thisj declaring, that the fiftieth Year being expired, there (hall yet be granted five others, during which, if it be the good Pleafurc of his Majefty, or his SuccclFors, to abrogate the prefent Licence at the End of the fifth Year, they may freely, and without Hindrance, regulate all their Affairs, &c, we will- ing, that no extraordinary Duty be fcxadted from them on the Departure of their Ships, V'ellels, Horfes, Carriages, &c. II. If any Hebrews coming from other Kingdoms or Countries to ours, fliall be acculed in thofe States from whence they came, of having committed fome enormous Adtion or Crime there, for which they have been profecuted, as alfo in Cafe that they were difguifed as Christians, and had feigned to be of this Re- ligion, we annul and make void the Caufes of fuch Accufation, and will not per- mit that they be called to Account for it in our Dominions, on any Pretext whatfoeverj in fine, we grant to the faid Hebrews, the free Exercife of their Caremonies, Solemnities, Ufe, and Cuftoms, according to the Jewifi Laws, pro- hibiting their wearing publickly Cloaks, or other diftinguifhing Drefs, under any Denomination whatibevcr. III. That the Hebrews fliall not be fubjeft to any Regiftry or confular Jurif- didtion, nor to any Company of Tradcfmen j but, if any Difference arifes between a Chriftian and a Jew, on fome Affair concerning Arts and Trades, the Judge Delegate, who fliall be named for this Purpofe, fliall be deemed a competent one, and decide it. IV. We grant to the Hebrews and their Families, who fliall ellablifli their Refidence in our States, to enjoy, in Refpedt of their Commerce, either at home or abroad, the fame Privileges, Franchifes, and Immunities, which the other Citi- zens, or Inhabitants of the Hiid 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, fliall be exempt from paying any Cufloms, or Duty of PaiTage, at their Importation or Exportation. VI. There fhall be a Judge Delegate at Naples, Palermo, and MeJJtna, and a Magiflrate appointed at MeJJina, as iK Naples, who fliall judge of the Differences that (hall arifc between a Chrijiian and a Jew, or between two Jews, in Cafe that tlic Crimes merit a feverer Chaftifement than confining or banifliing ; and in other Cafes, that may be carried exclufively before their People of the Law, and 9 F if 7« N-i . U .' I I ! 75^ GENERAL COMMERCE OE THE WORLl). if tl>cy arc wronged or aggrieved, they may recur to the Royal Protcdion of Iiin Majefty. VII. This Article rcg-ards the Punifl'ineiit to be iiifliftcJ en the Jcijs, wlio fliall frequent or keep Company with either Chriftians, 'riiri, or Moor. VIII. This is to prevent the falfe Accufations, whicli may be intended ijg.iinll the Jews. IX. If there happens any difaftrous Accident to a IL-hrm', tliat fliould obli;;e him to fail, and that he falls into Penury, fo as to difable \\\m from p;ivi:i^ his Debts ; in this Cafe the Merchandize, Kills of Exchange, and other Etlkts, or Money appertaining to any Correfpondenf, fliall not be Hopped to fatisfy his fiiid Debts. X. Is relative to the Dowry of Married Women » XI. On the Subjcdt of Sequcllrations obtained againfl: tlie Jeii's. XII. Concerning the Validity of the Securities which the Jcivs fhall give, Vvhen they fliall be obliged to leave the Kingdom. XIII. Permits the Hebrews to have all Sorts of Book?, after being, liowtvcr, infpedted by their Delegate. XIV. and XV. Favour the Jewijh Phyficians. XVI. Grants them a publick Synagogue. XVII. Leaves them at Liberty in Regard of their Wills. XVIII. In Regard to Contrads of Purcliafc and Salt', or in Trade, in Relr.tloit to the Jevos in our Dominions, the Sales fliall not be held as pCrfeded, till after a Writing has pafled between the Buyer and Seller, tinder their Hands, and con- firmed by a Notary, or two Witnefles ; provided that if between Merchants in the retail Way, at Fairs, Markets, (Sc. they be made without tliefe Formalities, they (Jiall have all Force, according to the ufual Cuflom and Law, in Regard to the other Inhabitants. XXV. We grant to the JewsnW the Favours, Privileges, and Faculties, cnjoyal by the other Merchants of this Kingdom ; they may exercile all Sorts of Trades and Trailii k ; but it fliall not be permitted them, after the Manner of Our Sub- jedls, to cry about tlic Streets old Clothes td fc'l : Though the Jews have Leavj to iell and buy every one in particular, in his own Iloufc ..i- Shop, none of them or their P'amily IhaJl be obliged to wear any Mark that tliey may bo known by. XXXI. The Merchandize of the ^''I'^v, and of their Corrcfpondcnts, and their Pcrfons, coming to any Place whatibever in our Ports, lliall be free, as well in their Merchandizes and Perfons «s the Ship which brings them, on Payment of the ordinary Cuftoms, Gabelles, and Taxes, even when they have no I'nifport ; provided that it appears by the Veflels' Documents, that it was dcflineJ with Its Goods for one of our Ports, and no Magiftrate or Oflicer fliall molefl either the Ships or any of theEfFeds; but, on tlie contiary, fliall obferve our prefent Pri- vileg*?, and in Cafe of Dilbbedience fliall be puniflied, and all the Mercliandizcs reflorcd to tlie Jcins, with Charges and Expcnces, without any Hindcrance real or perfonal. XXXV. We grant to the y^Tfj fix Wareheufes for their lift in the Cuftom- iloufcsof Niiples Rent free, fince we confider them as our o\'H Subjedls; tiiey may have alfo the like, in the other ruftom-lloufes of our Kingdoms for their Convcnicncy, equally with the other Burgcfles and Inhabitants, in Proportion to their Number and Trade, according to tlie Informations that their Declaration fliall give in J and in Cafe that the Magazines of the Cuilom-IIoulc are not fullicicntly large to contain their Cioods, it Ihall be permitted the Jei^s to Iiirc others to their Liking, under the Guard and Infpedtion of the Cuftoni-Ho. le Oflicers, enjoying the Privilege of Portos Francos, as if thei, Eftcds were cii- clofed in the Oflices of the Cullom-IIoufe. The King of die Two Sicilies likcwife made a Treaty of Peace, Trade, and Navigation with the Ottomm Court, which was concluded at Conjlwuinol^li tl-.c 7th oi April, 1740, whereby liis Subjtiits are put on the fame Footing witli thoiu of all others trading to the Dominions of the (JrtivdS'gnor. . . ...,,, , . .... AV'^'^ !*t^ r ITALY. Naples furniflics Trade with raw and wrought Silks, filk Waiftcoats and Stock- ings knit, Oil of Laurel, crude Brimftone, Culahrian Manna, P^ofcmary BloflToms, Anis and Coriander Seeds,' Raifins, Currants, Cream of Tartar, Figs and Olives, Soap, dried Orange and Lemon Peel, Silk Stockings and Waiftcoats, Effences, Quinteflences, and Perfumes. Palermo, the Capital of Sicily, produces alfo raw and wrought Silks, Brimftone, Cre-am of Tartar, fine Sponges, and Plenty of the fincft Wheat, except Spanijb, I ever faw. Reggio yields Raw Silk, Manna, Oil, and dried Fruits. Mejina affords alfo large Quantities of Silk, and other Commodities, fimilar to thofc of Palermo. With thofc Produds and Manufaftures his Sicilian Majcfty's Subjeifls carry on a great Trade to England, Holland, Lijbon, Tur/tey, and fome to France, more efpecially in Corn, when this Kingdom is in Want ; and the Merchandizes they take in Return will he noticed in a Catalogue of thofe fit for Italy, in which thefe Places will be included. Of the trade of Kome', and the other Territories of the Pope. THIS City is more celebrated and known for Antiqiity, Hiftory, Magnificence, and Grandeur, than by its Commerce, as it draws almoft all from Abroad^ by its Port of Civita Vetchia, at the Mouth of the celebrated River Tyber, whofe Stream muft be gone up to reach Rome : thefe Parts afford nothing more to the Increafe of Trade than Allunii made in great Abundance about fix Miles from Civita Vccchia; but what is wanting here, Bologna ixA Anconam the EcclefiaJUcal State abundantly fupply, I mean to Commerce, the Fertility of the Country about the firft being beyond all Imagination, and this improved by the Induftry of its . Inhabitants, has rendered the City rich and flourifhing j there are Mills for Paper, and others foe fa wing the Wood foUnd in the Apennines j to move Hammers for forging Iron, for polifhing Gun Barrels, to bruife the Barks j and Valonea for tanning of Hides, for making of Oil, for Flax and Hemp, for grinding all Sorts of Grain, for winding, twifling, and making Silk into Skains, and for an Infi- nitude of other Works. The Manufadtures of this City arc Cloths and Silks, particularly Sattiri, Da- mafks, and Velvets, ibwered and plain } filk Stockings, Linens and Crapes. There are raifed in the Neighbourhood a great Quantity of Silk Worms, which furnifhes the Bolognois with the richeft Part of their Trade for raw Silk ; and befides the Silk in Skains, they here make Organcens, which are very much eftcemcd. The other Merchandize brought from Bologna^ cdnfifts in their celebrated Sau- fages, of which Foreigners take oflf yearly a furprifing Quantity, packed up with Cotton in little deal Poxes, and ornamented with painting and Gilding j here is lik.:wife a confiderable Trade in Quince Marmalade, prepared by the religious Reclufes of the Place.- Ancona has likewifc its Silk Fabricks, and Tanneries for Hides, of which its txports chiefly confift, except in fome Years when large Quantities of Corn are fhipped from hence ; it was made a free Port by Clement XII. in a Decree of the i6th of February, 1732, very much to the Diflike of the A?ot/w«j, as it attrafts a large Share of that Trade carried on before at Fenice, both from the North and the Levant, Of 'Plottn^tandLz^iotn, luith their Trade. •! ii^; npttE Cdmmerce of Florence is carried on by W&yo( Leghorn, and confifts in ■'' a large Quantity of rich Silks, manufaftured in this Capital of the grand Uukc bf Tufcany j the principal of which arc Tiflucs and Brocadcf of Gold, Silver, ard Silk, Sattins of all Colours, but more efpecially the White, which arc greatly eftccmed, Armoifins aiid Taffeties } here are alfo made fome light Woollen Stuffs ; and the other Merchandize that this Place affords, arc raw and fpun Silks, Wool Waihed and unwaf)icd> Win«i and Gold Wire. 3 Le^rn 7U iN; ■ . !!• A H • \\ y\ H •!■: !r I,; |f ■ i 1'"' 7i"- GENERAL COMMERCE 3FTHE WORLD. "Leghorn, or Lhorno, is one of the moft important, ajid the bed Port3 of th: tfrand Duke's Eflates, and hardly yields in Point of Trade cither to yniuy or Genoa; the great Liberty which all Nations enjoy, let their Religion be what it will, induces fome of almofl. all Nations to affemblc here ; and the moderate Cuftoms paid on Importation, for all Exportations are free, attrads alfo a Con- currence, not only of Frfwf^, Englijh, Dutch, Sx,c. hnt ^\iooi Jews, Turks, mii Armenians -, the Turks however trading only de paJJ'o. The Englijh and Dutch, more efpecially the former, carry on the greatcft Trade ; this Place being properly the Staple or Magazine for the major Part of the Goods which they receive from the fVeJi, and fend to the Levant, as it is for thofe they get from hence in Return, ani forward to their Wejiern Markets. The 'Jews and Armenians tranfadt moft of the Bufinefs, by intervening as Bro- kers, for which they are paid, according to Cuilom, for the different Branches of Trade they tranfad:, whether Purchafes or Sales, Exchanges or Infurances. Befides the rich Fabricks of Silk, Gold and Silver, zt Florence, Pifa, Lucca, and tlie other Towns of Tufcany and its Neighbourhood, here are found raw Silk of all Sorts, as well Italian as Levant, and even Spanijh Olives and Oils, not only of the Growth of the Country, but from different Parts, as Galiipoli, la Pouil/c, tlic Levant, Barbdry, &c. But that which is not the leaft important Part of this Commerce, are the Mer- chandifes 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 /fV/«', which confift of the fame Commodities, as will hereafter be mentioned as proper for Italy ; what is (hipped from Leghorn, befides tlie Goods afore-mentioned, are Cotton in Wool and fpun. Coffee, brought there by Way of Alexandria, AUum, of Civita Fecchia, and the Archipelago, Annileeds, from Rome and Malta, line Laque, from Venice, Marble of curious Colours, fro- .1 Carrara, Red Coral, from Sardinia, Soap, Sumack, Argol, Brimftone, Wine, Sc, Of the Trade o/Mihn, Modena, Lucca, Parma, jW Verona. Tl/ilLANi the Capital of Lombardy, is very confiderablc for its CommLTce, •*'-* which it furni(hes 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 Produdts and Maniifadures fo like thofe oi Bologna, as a De- fcription of them here would be a Ta 'ology. Lucca is a fmall Republick in Italy, upon the River Serchio, live Leagues from Pifa ; it is celebrated for its fine Silk-Manijfaftories, particularly thofe of Velvets, Damalks, Sattins, and TafFeties ; here is likewifc fold a large Quantity of raw Silks, and in Skains, as alfo of Oils and Olives, which latter are efteemed the beft in Italy, but double priced from all others. Parma tranfadls all its Bufinefs by V^zy oi Venice, which principally confifls in raw Silk, and Cheefe made at Lodi. I fhall laftly mention, as a very confiderablc Branch of the Italian Trade, that carried on in the Territories of his Sa ^inian Majefty j of which Turin is tlie Capi- tal, and has an advantageous Situation, for extending it on every Side, as almofl all that comes from the other Parts oi Italy, and that which enters it by the Way of Lyons and Geneva, pafs by this City ; the Po, which runs near it, nlfo facilitates a Communication with Lombardy and the Venetian States; and although it is nc- celfary to traverfe the Alps to get there, ;iothing js caficr than the Journey by Mules, which are made Ofe of for the Tranfportation of the Goods, and of Men, who give all defireable AfTiftance for the PafTage of Mount Cenis. Piedmont produces the beft Silk in Europe, on Account of its Lightnefs and Fine- nefs, and the Organcens made of ii, are moft efteemed, in England, France, Holland, and Germany, of any. It is reckoned that, in a common Year, are made in the King of Sardinia's Territories, viz. in Piedmont, Montferrat, Alexandria, Lomeline and Novaros, about 560,000 Pounds, of twelve Ounces, of raw Silk, 6 ,-, ^ ,.,.., , which alio make ITALY. Sfihkh arc all reduced into Orguncens tfrmitteil l'!xtr;idHon unthrown. or Frames j only thcfe of" Navarois uein, t The Ribricksof all Sorts of Silk Stuffs, longflncecftablifhcdin Turin, confume about 1 •;o,ooo Pounds of thrown Silk yearly ; though it is to be obfcrved that the F.ibricators of thdc Silks, import from their Neighbours, the greatefl Part v>f tho Frames they ufe, of raw Silk to make them. There are befides in Turin, about fix hundred or feven hundred Looms for Silk Stockings ; for whofe Employ a great Quantity of Silk is required j however, it 15 con puteii, that befides the Silk ufcd in all thefe Manufadtures, there is yearly fiiit to Lyons, about two thouiiind fmall Bales, of an hundred and thirty-fix Pounds each, laden at Genoa and Leghorn ; extra of what is fent to Holland And Germany, by Way of Sii'voy and Geneva. This Prince's Dominions have likewife feveral Fabricks of Drapery, particu- Inrly of Scarlet, Blue, and Black Cloth ; befides divers Sorts of light Stuffs j they aiib make Ratines, and coarlc Cloth for the Soldiers' Clothing. Piedmont is very fertile in Corn, with which it fuppiies its Neighbours, particu- larly with Rice; of which large Quantities are fent to France And Genoa, as alfo to P'cnice, by .the River Po. Hemp likfewile grows here in Plenty, which is almoft all fent through AVf^ to Mtitfeilics and ToiUon, except a finall 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 Miianefe, and a large Share of this latter is diftilled into Brandy, to make the Compofition oiRoft-folii at Turin, which has greatly the Preference of others. Some few Years ago, a Manufadturc of Earthen Ware was eftab.iflied at Turin, and a little while fince, another of Porcelains, which is brought to great Per- fedion } feveral Quarries of excellent Marble are found difperfcd about the Country, which ferves to ornament both their Chvrches and Palaces. The Countries of "Nice, Oneille, and other Places On the Sea Coaft, fubjeft alfo to his Sardinian Majefty, produce moft excellent Olive Oil, and in fuch Plenty, that befides a Sufficiency for all his Dominions, large Quantities arc fold to the French and Gcmeji. And the Ifiand of Sardinia, producing many of the Commodities above-mentioned, and fimilar to thofe of Sicity, I (hall not enlarge on its Defcrip- tion, to avoid Repetitions, but now give a Detail of the Commodities proper for Italy. , • .- ^- . :: Merchandize proper for Italy. SPICE in general, which, except Pepper, the Dutch fupply. Cocoa, Ginger, Tea, Porcelaine, and other /Wm« Curiofities. Painted Linens, Chints, and painted Furies. Sattins, Damafks. and other thin light Indian Silks. Linens of divers Sorts, as Muflins, Cambricks, Hollands, Silefias and Ofnabrur !.s. Cloths, Camlets, Serges, and other Stuffs, from England, France, znd Hollana. Silk Stuffs from Lyons, Mercery, hard Ware, and Ru/^a Hides. Divers French Modes for Women's Wear ; white I'hreads and Tapes from fljr- leim and Flanders. Vermilion, and all Sorts of Dying Woods ; Madder, and Elephants' Teeth. Whalebone and Oil, Copper, Brafs, Iron, Lead, and Tin. Tar, Pitch, and Refin, Capers, Muflc, Amber, and Civets Herrings, fmoaked and pickled, Salmon, Stock-fifli, Poor-jack, arid Pilchards. Pewter, Steel, Caviar, Languedoc and Provence Wints, Wheat, And other Gv an. All Sorts of French Merceries, Laces, and Guimps, of Silk and Silver. Silk Stuffs, with Gold and Silver, from Lyons and Tours, and Ribbons, particular- ly from Paris. Wigs, Hair, Worfted Stockings, Hats, &c. ■ ■Vi* 90 0/ 757 Mi hi i>i m ■■{ ! ill •■ , ill 1: ' 7^8 GENERAL COMMERCE OF THE WORLD. Of (be Levant TraJi;, on t/jc Coajl of BivhiTy. T Sh.iU include, under this Title, all the Commerce carried on with the Eiiir///!.; •*• French, Dutch, and Italians, at Smyrna, Akxandretta, Akppo, Scyda, Cvpius, Conjlantinople, Alexandria, Rojetta, and even Grand Cairo, Angora, and Beibezar, upon the Coafts of Barbary. The great Quantities of European Ships that trade to Smyrna, and the nume- rous Caravans which airivc there from Ptr/w, have always made, and ftill nuke this to be a Place of the greateft Commerce in all the Levant, for which it is happily fituatcd in the Gulf of the Archipelago, in that Part of the LcjJ'er Ajij that the Greeks called Tonia, and at prefent named Natolia, The Port of this City, fo famous for its Commerce, is capable of containing many Fleets, and here are generally feen feveral hundred Merchant Veffels of divers Nations. The greateft Part of the principal foreign Merchants have fine commodious Houfes of their own ; and hardly any Thing can be fccn more fuperb and mai;- nificcnt than the Habitations of the Confuls, who are almoft all lodged near the Sea 5 but Perfons whofc Stay here is but fhort, 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 />■■/■ Month for each Chamber. At Smyrna are two Cuftom-houfes ; the biggeft called the Cuflom-houfe of Commerce, where the Duties are paid on Silk, and other Goods that tlie Jryu- nians import from Per/ia, and thofe which the Chriftian Nations unlade there, and embark for their Returns : The other named the Cuftom-houfe oi Stumboui, or Conjiantinoplc, only takes Notice of the Trade of this Capital of the Ottoman Empire from Sa/onica, and other Parts of Turkey. The Caravans have their Times and Seafons fixed for their Arrival and Depar- ture, on which the European Nations regulate the Remifs of their Ships, to the End that the AJiaticks may carry with them the Weftern Merchandizes, and tlie Europeans relade with tliofc of Ajia. Of the AJiatick Nations, the Armenians are thofe that carry on the greateft Trade with Smyrna ^ the Caravans from Perjia being almoft all compofcdoftiiem, and in this City are eftablifhed above twelve thoufand. In refped to the Natives of Europe, the Englijh are beft regarded, and moft favourably treated, and they likewife fend the greateft Number of Ships herci next to them the Dutch -, and laftly, the French, but they arc too numerous here, and thereby hurt one another. The Merchants from Leghorn carry on a great Trade here : thofe of Venice ftiil more ; and the GenceJ'e, notwithftanding the Expcnce the Liberty to trade under their own Colours has coft them, hardly any. The French Trade is carried on from Marfeilles in ten Sail of Ships, and three or four Barks yearly j whofc Ladings confift of Dollars, Cloths of Daupbine, Carcajfone, and Sapte ; in Perpetuans, or Imperial Serges; in Caps, Paper, Co- chineal, Tartar, Verdegris, Indigo, from St. Domingo, and Guaiimala, Pewter, Dying Woods, Spice, and Sugar. The Returns being almoft the faine for all the Nations of Europe who trade there, I Ihall here mention them once for all, -ciz. Angoi^ Goats, and Camels Hair, Rhubarb, Scammony, Opium, Senna, Gum Adragant and Arabick, Coiiee, yellow Wax, Allum, Cotton in Wool and fpun, Currants, fine Camlets, fine Wools from Metalin and Cara) i.:r.ta. Skins like Mo- roccoes. Buffaloes Hides, Shagreen, Sponges, Maftick, Saff/on, Galbanum, Galls, Aflies, Box, Annifccds, Fuftians, Buckram, Carpets, Silks called Cirnafll, Lcgis, Ardaife, and Ardaffetcs, Cotton Stockings, Turin Handkerchiefs, V^alonca, Xanto- line, Apoponax, Agaric, Tutti, Amber, Mufk, the Ultramarine Stone, StoraA, Soap, Pearls, Diamonds, Rubies, and other precious Stones ; but thefe Jewels arc fold privately by the Armenians, who bring them with their Caravans, and \v\v> frequently come themfclves to Chriftendom to difpofe of them. V . - ., r. • The O F T H E L E V A N T, Th: Dulch fend yearly about fourteen Ships, with Leyden fine Cloths, Cloves, Mace, Cinnamon, Nutmegs, Ginger, Cochineal, Indigo, Copperas, Quicklilver, Brafs and Iron Wire, D.vitzifi Steel, Engli/fj Pewter, rough yellow >^inber, Tartar, Sci-Horfe Tcith, Lapis Lazuli, Loaf and Powder Sugar, Cinabar, red Oaker, Dy- \n>y Woods, Tin, Rti//ia Hides, cfc. and re-lade with the greateft Part of the Goods juft mentioned. The rfKctians generally fend fourteen or fixteen large Ships annually, under Convoy of two Men of War, befides others at different Times without Convoy j and the Lici'rnois alio lend VelVels as they find Oecafion. yjfi'^ouri, or Angorn, and Beibuzar, Capital of Galatui, has always preferved its Reputation for the Beauty and Finenefs of its Goats Hair, and the Fabrickof Stuffs made tliere at prefent called Camlets j and it is from this Place, and Bei- hiizar, that Smyrna is lupplied with thefe Commodities, the Quantity of the for- ner being almoft incredible, of which it is faid the Englijh tranfport about 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 (hipped by thefe Nations : The Englijh and Dutch "have Fadtors fettled here to purchafe this Com- modity at firft Hand, by which Means they have it much cheaper than when brought to Smyrna. Jkppo and Alexandn'tta ; thefe two Cities of Syria have a great Similitude ia their Trade, or rather it is the fame that they both carry on, Akxandretta being properly only the Port to Alifpo which is twenty-two, or as fome fay twenty- five. Leagues within Land. AUpfo is one of the principal Cities in the Turkifl) Empire, and yields only to Coujlantinople and Cairj in Grandeur, and to Smyrna in Point of Trade. Two Things, among others, are very remarkable in Regard of Trade. The one is the Cuftom of making Pigeons ferve for Meflengers, to give Advice of Ships' ArrivM, and other prefling Affairs, which is done by taking them from their young ones at Aleppo, and fending them to Akxandretta a little before it is fuppofcd they may be wanted, which being let fly at this Place, with a Billet about their Neck, return in three Hours' Time. The other is, the Prohibition to go from Alcan- dretta to Aleppo, any other Way than on Horfeback j and the Reafon 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 Or- dinance would be greatly diminifhed. There is hardly any Place in the three ancient Parts of the World, from whence feme Merchants are not feen at Aleppo : Befides the Englijh, French, Dutch, ard Italians which relide there, the Caravanferas arc always full of Armenians, Turks, Arabians, Perjians, and Indians, which come in fuch Numbers by the Caravans, that although there are about forty of thofe publick Buildings, they hardly fuffice to contain tliofc, who only appear to tranfadl fome tranfient Bufinefs, and who after felling their Goods, return by the Way they came, with their new Purchafes. The Merchandize proper, for this Place, arc the fame as thofe for 5/wj^wfl } and thofe which the Ships relade are Silks of the Country, and Per^a Cotton Cloths of various Sorts, and among others blue Amans, Auquilles, Lizardes, thofe from Beby, others called Linen Antiquies, Ajamis, and Abundance of Chints ; different Cottons, and Cotton Threads, Galls, Cardovans, Soap j many Species of Silk Stuffs, and thofe admirable Camlets before-mentioned. Scyde is the ancient Sidon of Phoenicia, fo renowned formerly for its great TrafHck, very little inferior to that of 'Tyre itfelf, whofe Reputation for Commerce has been equally publilhcd, both by ilicrcd and profane Authoj-s. The modern Sidonians retain nothing of the ancient but their Inclination for Trade, every Thing elfe is altered ; their Power by Sea no longer fubfifts : The vafl Extent of their City is reduced to lefs than one Quarter of what it was formerly j and the great Number of its Inhabitants to lefs than fix Thoufand, of which the Foreigners make near halt". But few Weftern Commodities find a Sale at Seyde, though with the Produds of the Country a pretty good Trade is fupported j thofe few arc fome Clotlis of lively Colours, Sattins and Damalks of Lucta and Genoa^ with fome Paper, a few 6 Cherts 759 ^V!'i i-" :! h 1f^V it i 'i\ ■ 760 GENERAL COMMERCE OF THE WORLD. Cherts of Indigo and Cochineal, Spice, Sugar, and Brazr/ Wood, all in fmall C^uarl- titics. The Goods laden here are principally Silks ai.d Cottons, withlbme Alhcs, Galls, Oil, Soap, and Birdlime; and as the Occident.'l Sales do not balance tlicir Purchales, a confiderablc Sum of Money is yearly obliged to do it. The French Trade to this Place, Acre, and Rama, which arc in its Diftridl, im- ports about 350,000 Dollars yearly, and there are no Merchants but of this Na- tion fettled in thefc Places. Chio is now fubjedl to tlic Turks, and better peopled than any Ifle in the Efrfan Sea; its Commerce is very confiderablc, though much lefs than the Number of its Inhabitants, and the various Sorts of Merchandize that grow and arc made here, feem to promife. Tne Wine, Silk, Cotton, and Turpentine, and Maftick, ar; the principal Produfts that draw the Europeans hither, more efpecially the Englijb 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 StulFs made in the Ifle, fuch as Damaiks, Sattins, and TatFeties, which are tranfported to Cairo, and to all Places on the Coafts of Barbery and Natalia, particularly to Conjlantimpk. 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 difpofcd of in the fame Way, as the Silks. Maftick, the chief Article of their Trade, is hardly found any where elfe but here, and the beft, and indeed almoft the whole is for the Grand Signer ; who has from all the Villages in the Ifland where it is gathered, two hundred and eighty- fix Chefts, weighing 100,025 Oques, and fome few others are taken by the Cuf- tom-houfe Officers, Csfr. Of Turpentine the Ifle produces about three hundred Oques, of 3r Pound one Ounce. Of Oil about two hundred Hoglhcads, each Hogfliead weighing 400 Oques, and the Oque about 3/ii. zoz. Of Silk 6,000 Malfes, or 30,000/^. almoft all which is wrought up by the Illanders in the Ma- nufactures before-mentioned. Here is alfo fome very good Wine, known to the Ancients under the Diftinftion of Neitar; and it affords fine Honey and Wax in tolerable Quantities. Cyprus maintains hardly any Trade with the Europeans, except with the Pro- dufts and Manufactures of the Ifle. Its Extent, and the F;':tility of its Soil, enables it to furnifti 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 ti\\ tht Levant ; the Country between iV/rg/w and Famagoujtit, and about Papbos, and I^imijfo, are the Parts in the Ifland that produce moft. The Silks are alfo gathered, and the Silk Worms bred in fome Villages, fubjeft to the Magiftracy of the two laft mentioned Cities; but the beft and gruateft Quantity is made in the Village Cyteree, though none are held in an equal Degree of Goodnefs with the Cottons. The Wools, Wine, Galls, fome Medicinal Drugs; red, yellow, green, andgrey- i(h Earths or Boles; Stuffs and Dimities are the other Merchandizes of the Ille, to which I think I ought to add as one, the Ortolans, wjiich come here in fucJi Abundance, that the Natives pickle themj and, befides what they confunie on the Ifland, the Venetians export upwards of a thoufand Barrels annually. Some few Bales of Cloth, Paper, Caps, and fome Verdigris, are tlie only Goods imported there, which occafion the major Part of the Returns to be piiJ for in Money, and the moft advantageous Specie for tnis Purpofe are the Mexican and Seville Dollars. Conjiantinople. This City, formerly the fecond Rome, or rather the true Capital of the Roman Empire, when Conjlantine the Great had chofcn it for l)is i for true Venetian and Genorfe Goods. The Sale of Sattins amounts yearly to between five kind fix hundred Pieces j of Tabbies to three or four hundred; of Damaflcs without Gold, only fixty Pieces, and with, an hundred Pieces, and hardly more Velvets; i)ut Brocades with gold and filver Flowers find the greateft Vent, though thefe muft be made on Purpofe, with Patterns proper for the Place; for it is not the Richnefs of the Stuff thai pleaies the Turks, but chiefi • the Gaiety, and above all the Cheapnefs. Paper is one of tht beft Comm dities carried to Coi\fiantinople, and what /fre- quently produces the moft Profit ; it goes there from France and Venice^ and Gt'«o<7, though principally from the firft, in all about thirty thoufand Reams; the other Merchandizes are. Hard-ware, Tin, Brafs, and Iron Wire, which the Englijh and Du/rh c^rry from Hamburgh, and the Balticki gold Thread, and ditto Gold and Silver falfe, from Poland, carried by the Venetians, Marfeitles and Tunijeen Caps; Verdigris from Montpelier, Oil of Spike from Marjeilles ', Taf-tar, Sugars fupplied by me EngHJl) and Dutch when the Crop has foiled in Egypt, which commonly furnifhes Conjlantinople, by the Way of Alexandria -, and in fine. Spices, Camphire, Quickfilver, Lead, Cochineal, BrazilWood, White-Lead, ©"c. in which thefe two Nations are almoft foldy concerned. The Exp arts from Conjlantinnple are very f«w in Comparifon with the Imports; therefore, t') balance Accounts, the European Merchants direft their Correfnon- dents at Snymc or Aleppo, to draw it on the Capital; or other Remittances to be made throiln Specie from the faid Metropolis, topurchafe what they commilFion to be bought for their Ships relading at either or both of the faid Places. The few Merchandizes mentioned to be exported from .Conjlantinople confift in Wools, Called Pelades, and Trefquilles, of which the Extradt in a common Year is two thoufand Bales of the former, and thrc: thoufand of the latter. Of Buf* faloes' Hides, about ten thoufand carried to France and Italy, of Ox and Cow Skins, of the different Soitsand Qualities, fifty thoufand, of which the Confump- tion is for Italy; of Pot- Aflics, from the Black Sea, which the Englijh. ahd Dutch buy tofcour their Cloths; yellow Wax, fome Goat's Hair Thread, a Quantity 9 H of 761 i »'•»' !H % 1, hi ■ 76? m i GENERAL COMMERCE OF TFE WORLD. of Caviar, or falted Sturgeons' Roes, commonly bou^'ht up by the Venetians and Lfc:horners. The Fur Trade from Mufcovy, Natalia, the Black S'a. Crlm, and other Places of Tartary, is very confiderable, though in this the European Merchants have no Share, being entirely tranikAed by the Greeksi of thefe Skins about two hundred Chefts, with two hundred pair in each, of Sables are yearly fold, from fifteen hun- dred to iwenty-five hundred Dollars A^r Chcft; Ermines, only cftcemed when ex- tremely white, fell from ten to eleven Dollars, for forty Skins ami .'vlincvcrs at fcventy Dollars per Thoufand; Martins, Polecats, Lynxes, and Fox Sitins are brought here from Natolia, and annually fell for the Value of about fixty thou- fand Dollars } the black Pox Skins brought from Caffa and Tartary are in very great EOcem, and their Sales may yearly import an hundred thoufand Dollars. Of i'ajj'a, or Capha, and the Black Sea: The Venetians have often endcavourcJ to commence a Tnde to this laft, more efpecially to Caffa, and in 1672 obtained Leave, by the lively Reprefentations, and the more perfuafive Arguments of large Prefents, which their Baily the Chevalier ^/rWmadc; but upon the Rs- monflrances of the Superintertdant of theCuftom-houfeatC9«^aff////»^/(', whofuf- fered in his IntereA by this Conceflion, andalfo under the political Apprchenlion, that the European Chriftians would, by this Means, more eafily have a Corrci- pondence viritn thofe of their Religion fettled on that Coaft, the Privilege wai revoked, and no European Nation had been able to obtain one iincc. Caja has an excellent Road, and its Port is where the grcateil Bufinefs is car- ried on in all the Black Sea, it being common to fee arrive, or fail, four or Hve hundred Veflels together. Here is a great Trade carried on in Corn, Salt, Furs, and Butter} this laft being efteemed the bcft mdWTurkey, but that which at- tradh the greateft Number of Shipping, and what induced the Venetian Am- balTador to purchafe the afbre-mentioned Liberty at fo great a Price, is the large Quantity of Sturgeons taken in the Palm Maotis, of which fait Roes the Itiiliam are fo fond, and not only they, but fevcral otiier Nations of Europe and Afia. Some Accounts ^Ay, thai many of thcic Fifli here weigh eight or niile hundred Pounds, and their Rdes three or four Quintals ; and though thefe Relations may be fome- thing exaggerated, it is certain that there are none elfewhere, either fo large, or abundant} but as the Trade of this Parti's in general fo very great, I Hull give my Readers an Abftrad of a very curious Memoir drawn up by a Perfon well ac- quainted with it. The Commerce, fays he, of die Black Sea is fo confiderable by the Advantages it aflbrds, and the great Quantity of Goods it takes off, that the yearly Import uf them is fuppofed to be more than three Millions of Dollars ; CaJ'a is one of the principel Ports in it, diftant about feven hundred Miles from Conjlantinopk ; the Turks, Greeks, Perjianst and Mufcovites, are the People who fupport this Trade, and vaft Quantities of Merchandizes fell here, both for the Confumption of the Place, and that with many others with which it maintains a Correfpondcnce. Here are an- nually fold to the Value of twelve or fifteen thoufand Dollars in Venetian Bro- cades} here is likewife fold another Sort in which the Gold and Silver is falfe, afid the Flowers like thofe of Damaiks, to the Amount of feven or eight thoufand l)allars. Ten or twelve Bales of Cloth are alfo annually difpofed of} about twenty thoufand Dollars worth of Scio Damafk; and to the Amount of an hundred and fifty thoufand Dollars in Taffisties, fbnped and plaitj } here Is likewife brought from Sen, fifteen thoufand Dollars' worth of Fuft'ans, and fohie of thefe from Conftantinoplt. Of CoSec here is fold yearly from fifteen to twenty thoufand Dollars} and five to fix thoufand Dollars in Flax from Cairo. Of all thefe Mer- chandizes a great Part ia confumed in the Crim, diftant about an hundred and fifty Miles from C-j^i another Part is fent to die Ports fituat^d near the Palus Mitetis, as at Guflertet Ba/ovelava, Kirerei, and fome other dependent on Caffa, which fcrves them for an Almagazen. The Proceeds of all thefc Goods are commonly employed in Hides, Wax, Wheat, Barley, Butter, Honey, and Caviar, which are the chief Produdls of the Place. Of the Hides here are two Sorts, the heft made at Caffa being from about thirty- five to forty thouiiuid yearly) thefe are carried td Smyrna by die Way of NatoHa, .- •■ . and of THE LEVANT. and coA about a Dollar cachj the fcccnd Sort arc of an inferior Quality, tanncH in the Neighbourhood of that Cityt whofe Value is three-fourths of a DolLr each, and their Number about an hundred Thoufand, which arc Ictit to Conlianiiiinple. There is annually collcdcd at Qtffa near thirty thoufand Ocques ^f Wax, of whith Part goes to Smyrna, and the Reft to ConJ}antinopU\ there are alfo fcnt yearly to tlie latter, fifty or lixty Saickt, or, Saiques, with Wheat, and from fifteen to twenty with Barley J of Butter Cajf'a remits to this Capital between fifty and lixty tliou- fand Ocquest and the Profit it makes by its Honey is not lefs than thut which the Wax and Butter leaves. In fine, this Place afix)rds fome Silk, though the Quantity is not large, nor its Quality good. Aztck or Jifiph is fituatedon the Don or Titnah, not far from the Place where this great River ^lls into the Palus Maotis, This Pirt of AJia was hardly known in Europe, only to the Geographers, before the Year 1695, when the famous Czar Ptter Alexowitz took this Fortrcfs from the Turkt to whon' it belonged, witli the titfign to eftabliHi a Fleet there, not only to attradt the Trade of the Black Sea, but fljfo capable to make the Grand Signer tremble, even in the Capital of his Empire; A/opl> foon attracted the Attention of all Nations, and it coft more than one Siege and a bloody Battle, in which the Czar with his whole Army had like to have pcrifhcd, to rcftorc this Place to its firft Maftcr, who having experienced the Importance of it, augmented its Fortifications, and guarded it with an ex- treme great Jca. . jfy; but it is known that in the War of 1739 this City became again an Apple of Difcord, and that the Czarina remained in PoiTrtdion of it, though I believe without reaping thofc great Advantages that the Czar had at firft expected from its Conqueft, It is from A/opb that a Part of the Caviar fold at Conjlanttnople comes, wiiere in a common Year are imported at leaft ten tl)oufand Barrels with 7^ Quintals each; though all the Caviar is not made of Sturgeons' Roes, but fome uf thofc of other large Filhes. Kily, or Kilia, is fituated on the South Side of the Danube, about feven or eight Leagues from the Mouth that difcharges into the Baltick Sea. Four or five thoufand Pieces of Fuftian from Scio are brought here yearly, and Damaiks from thence alfo to the Value of about fix thoufand Dollars j Buckrams for more thiii thirty thoufand j befides two thoufand Pieces of Fuftian made and fold in the IMace { Coflce alfo fold here for fourteen or fifteen thoufand Dollars; Flax for three or four thoufand; ftripcd TaflFeties, called Santals, for above fixty thoufand ) othicr Sorts of TafFeties for fcventy thoufand; cf Cloths, fifty or fixty Pieces arc annu- ally imported, though 01 all thefe Merchandizes few are confumed at Kily, as this is the only Staple, or Storehoufe, from whence they are fcnt to divers Ports on the Danube, or within Land, as Ifmael, MemfJhjBaer, Hias, Galas, and I'everal other lefs confiderable; all which Places contribute fomcthing to Trade, liz, Hias, about fifty thoufand Ocques of Wax, of which a Part is fcnt to Smyrna by Natolia, and the Reft to Conjiantinople ; the Butter comes from other Ports, wherein a common Year may be colleded above an hundred tlioufand Ocques. At the Mouth of the Danube,' and before Kily, is a very large Fi(h?ry, of the Mouronne, though whit this Fifti is, I confefs my Ignorance, which produces above fixty thoufand Dollars yearly ; ra"'' Fifh weighs abput 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 ciiring it vveli would render it too coftly to get any Thing by it. From the Ports along the Danube jire expedited more than fix hundred Saicks yearly with Wheat and Barley, >vhich coii^monly yield the great Profit of 1 5 to 30 per Cent, to the Concerned. - , Prevat takes off no European Goods, fo ihat all the Co|nmercc is carried on in DutcA Dollars) the Po/ijb Abra, the Izelotes of the Empire, Fenetian Sctiuins, Hongres of Hungary, the Egyptian Cherif, Afpers, and Parats, all which Species are commonly taken here at 15 or 20 per Cent, higher than in Con/iaiiti/iopie. Here is made in a common year from twenty to twenty-five thoufand Butf-Skins, and fonie Wax is alfo /hipped ofF. Kirmant, like the laft-mentioned Place, takes off nothing from Europe, and only furnifhes Trade with about twenty-five or thirty thoufand Hides yearly, and ibme Butter. 3 Sinopt 7^3 ■'\ y^ m •!. .iM 'tl 'Vl 1 1 i\\ IH H 764 GENERAL COMMERCE OF THE WORLD. Sinopf is A Port fituated on the Ew.v.w Sea, on the Natoliati Side i fonie Cooli tre here imported, but thegreated Part nf the Trade is carried on in the dlff-rcnt Coins afore-mei.'iioned. The Perjians, however, drive a very conliderable one here in Silii Stuffs, Cambrciines, Indianas, Carpets, Lizats, Gfr. of which the grcitLlt Part goes to Conjlantinaple, and the Reft to Cajf'a j and it is the Tartan, Grerh, and Turks, who purchafe the greateft Part of thefc Merchandizes ; a few Linens are brought from Trebijhnde, but of fo little Import as not to merit any Rc^janl, Nicopolis is a Sea Port, with very little or no Trade : Though Cajlamboli, which is two Days Journey from it, makes coarie Bitckrams (fall Colours to above eighty thoufand Dollars Value yearly j of Wiiich a Part giKs o Cottjiantinopli', and the other to CaJ'a and AV/y j here is alfo gathered a comijt • able Quantity of Wax fen* -j Smyrna i and the Ptrfidnt carry on a great TimiI.; here, as they do at Rv1> uay's Journey from Synopf. La Miijire is a Pc s Black Sea, tolerably fecurc. and wIktc a pretty grit Commerce is carried v ,, confifting chiefly of Packthread and fpun Yarn tor tVr- dage and Cables, of which there are annually laden for Ccnfianlimfh' at Icill eight Saicks j there alfo goes from hence, and feveral other neighbouring Ports, a large Quantity of Wood, tiie greateft Part for Conjiantinopk, where it i^ ciiiploycii in the Grand Signer's Yards for building the Men of War and CJallcys i tiif Mills in particular are very good, and fo long, that they have fcrved for lixty and fc- venty Gun Ships, all of a Piece. There are exported from feveral Parts of the lUack Sea, Salt Beef and Pot-afliw, the laft for ConJlantinopU and Smyrna, which the Englijh and Dutch jnirtli.\lc to fcour their Cloths, and make Soap j the Furs alfo that come from Mr/Jcmj are tranfportcd to Conjlanlinople by the Black Sea. !■ 1 i^t VI. t * ' ' 0/'/i6fTrtft/(f 2/" Cairo, Alexandria, l > / m 766 GF.NF.RAL COMMERCE OF THE WORLD. mtxiiiftyU, yellow Wax, Gingtr, Rhubarb, Flcphint ' Tcetli. Wool wadiij, anil unwaihed, Oftrich and Ilcrons" Featiicn of ilirforcnt Sorts, Mummy, S.i|. Ammoniac, Nitre, Roclic Allum, Sei Lizards, Uotargiic, Mother of I'carl, hliii: Linens of fevcr.il Sppcics from llvcral Places, painted Linens, Moj^rtbincs, Mni. liiis, and C'ambrcdncs i A\7/»/ alio produces (omc Stuff's, and other Commoilitiii of various Materials, as of Wool alone, Wool and Silk mixed, / is alio very great on the Fart of yljia, from whence Ca- nviuis laden with Riilics arc coiitiiiiially arriving at Cairo, and which arc conveyed by thiit Uranch of the A//i', whith Jails into the Miditrrrancan near Damietta, it is from ytiahia and the Nciglibourlioogjpt icmies frdin J'ii/r/lirie, where it is made of a very good Quality, tht.iigh that of liana is better ; the Confumption of this Commodity i« very Btcar, becaufe the wadiiitg with Lyes is not praittilcd here. The dirtciciit Countries ot' yljrica do not contribute lefs than the Reft of the World to enrich the 'I'radc of I'^gypt ; there is no Year palles in which fome Ca- ravans do not arrive (roiii Tunis, Jllgifrs, Tripoli, and even the reniotcft Provinces of that Fart of the Earth ; fo that there is lecn a continual coming in of Mcrchan- diix from all the Univerfe. Among thcfe foreign Merchants who rendezvous at C^;/; ' from all the inhabited Fhucs of vf/r/tv/, there is above all two Sorts, who ought not to be f )rgi)ttcn ; of which the tirft was called Croys, living near the Ifle oi t'l':t'Jatiti on the Ocean, who come to Fez and Morocco, and Irom thence to Cain, traverfnig the iinmcnfe Deferts that lie in their Way. This Caravan, which is feven or ri};bt Moiitiis on its Journey, touches alfo at 7V7/>',//' in Barbary, and brings (iold-Hull to Caiio ; though they tal^c Care not to fcU it as fuch, for in Jo doing they imagine they commit a Sin, and tlieforc fell it for Silver, with wliich they buy Copper and Cutlery Ware, which they carry back w.th a certain Species of Shells, current in their Country for Money. The fccond Sort of Merchants I jull now mentioned arc black like the firft, and arc full as fingular ; they have a .Method of carrying on Commerce fo particula.- tliat it is probable they are the only People in the World that pradile it : In vain may any one offer them double the Value of their Goods, if he does not join the Elephant's Fizzle with it; that is to fay, nothing but a good Drubbing will induce them to drive a Fargain, and therefore the Brokers of the Country, accuitomed to the Manner and Expedtations of this Gentry, do not tail to fervc them according to their own Fartiion, and always begin liberally to difpenfe 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 beexpedted from their Gootl-Mumour. In fine, the AV/f conveys to Egypt all that Ethiopia enclofes moft fcrviceable and precious ; though it is not the Ethiopians themfelves who carry on this Commerce, as thefe People very leldom trade any Diftancc from their own Country ; but they fell their Merchandize to the Natives of Nubia, called Barbarians, who travcrfing the frightful Mountains which feparatc them from Egypt, bring thofe precious Effcdts there. Every Year a Caravan lets out from Sanaar for this Journey ; and though it is only compofed of Merchants ragged and almoll naked, who fre- quently want all Sorts of Conveniences in the toilfome dangerous Roads they have to go J it is impoffible to conceive what Riches they arc bciircrs of. From feve- ral Farts oi yljrica there is brought to Egypt Gold-Dull, Elephants' Teeth, Ebo- ny, Mulk, Civet, Ambergris, Oftrich Feathers, divers Gums, and an Infini- tude of other Merchandize, though this Trailick is not n little increafed by the Remill'es of two or three thoufand Blacks lent here to be Ibid, from all which it is caly to conceive what prodigious Sums thefe Caravans mull return with, either in Specie or Goods. It mud naturally be concluded, that a Commerce fo conlidcrable cannot but bring immcnfe Sums with it, and make Egypt one of the richell 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 Productions of Nature are lefs rare, or more common. The Flax, of which a prodigious Quan- tity 767 '^f'Kll ri ■■< h; 768 GENERAL COMMFRCE OE THE WORLD. tity of Linens are made, and from tliencc fpread ir.to all Parts of the World j the Cotton gathered in Abundance, and a great bliaru of it worked up; the Wheat, Rice, Pulfc, Sugar, Coffee, Sherbet, Hides, Morocco Leather, all Sorts of Drugs and Spices; that Sort of Earth called i/rf//»(7, lb much efleemcd, and of which there is fo great a Demand in all the Levant, where it fcrves both Men and Women to paint their feet and Hands ; all thefe draw inunenfc Sums from Europe, ^I'ta, and Africa; there is not- a Year that 4 or 500,000 Dollars are not carried there from France and Italy only. From Africa there is annually im- ported from 1000 to 1200 Quintals of Gold Dull; and from Conjlantinop/e ani Ajia there comes more than a Million of Dollars, for the Purchalb ot Rice, Coffee, Linens, &c. It is true, that what the Balliaw pays yearly to the Graiut Signor; what he fends to the Minillers of the Port to obtain a Continuance in his Poft; what he and his Dependents carry off on his quitting the Government; that which the Agas levy, whom the Sultans lend from Tine to Time into this Country; what goes to Damajius, and all that which pafles to Mecca, may amount to many Millions: However, it is certain that there remains near as much; and if the Natives, or even the Turks, who are under continual Appre- henfions of being ftripped, had not the Madnefs to bury their Money, by which Means it not only becomes ufelel's to Trade, but is often abfolutely loft, it is cer- tain that few Kingdoms in the World would be richer than Egypt. Of the Commerce of the Archipelago. BY the Word Archipelago is to be underftood a Clufter of fmall Iflands, of which there arc many in different Seas; but that 1 am now going to treat ot is moft nccelliiry for the European Merchants to know, being as it \\\ - at their Doors. This Archipelago, being the only one I believe that was known to tlie An- cients, lies in the Egean Sea ; and the principal Iflands arc, Argentiere, Milo, Si- phonte, Serpho, Antiparos, Paros, Naxia, Stenofa, Niccuria, Amorgos, Caloyero, Cheire, Siino/a, Ravlia, Nie, Sikino, Folicandro, Santorin, Nan/io, Mycone, I)cl:i, Syra, Thermia, Zia, Macroniji, "foura, Andros, linos. Seta, Metelcn, Tenedos, Ni- caria, Saxtos, Patmos, h'ourni, and Skyros, which produces Oil and Olives, Wine, Corn, a Sort of Lichen for dying Red, fome ordinary, and fome good Silk, Cot- ton, Figs, Mafts and Planks, Salt, at Milo, in vaft Plenty and very cheap, Brim- ftone, great Quantities of Mill-Stones, at Milo, Flax, Chccfc, Oxen, Sheep, Mules, Emery, Laudanum, Wool, Goat's Hair, Marble, Cotton, Cloth, a linall Quantity of Pitch, Vallonea, Honey, Wax, Scammony, fcveral Sorts of Earth, Capers, &c. which the Natives fell to the fcveral Europeans, who go here to purchafe them. Candia is a large Illand, fituated at die Entrance of the aforc-mentioned Archi- pelago, formerly known under the Name of Cr,/f ; it carries on a conliderablc Trade, and all the Chriftian Nations, who traffick to the Levant, have Confuls fettled here. The chief Towns of the Ille are, Canea, Retimo, Candia, and Glra- pctra; 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 Prodadl of it, and in fuch Quantities, 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 like- wile purchafed, Wine, Gum Adraganth, Laudanum, Wool, Silk, Honey, Wax, Checlc, Cotton, and Wheat. Salonica, the ancient Theffalonica, is a Sea Port featcd at the Bottom of the Gulf, bearing the fame Name, in the Archipelago. All the European Nations Trade here, but the greateft Commerce is from Italy. This Place is very fertile in Corn, and I have feen fome very good Wheat from hence, though not quite fo clean as it Ihould be. The other Merchandizes of Salonica are. Tobacco, of which whole Ship Loads are exported at a Time, Hides, Cotton in Wool, better than that of Smyrna, yellow Wax, brought here in large Quantities from 'Turkijh Valachia, unwalhed Wool, and Ibmc coarfc Woollen Stuffs, for the clotliiiig of tlic Poor People and Soldiers. 6 I'hc ; i OF T HE LEVANT. The Goods cariial tlicre arc Indij;o, Cochineal, Ginger, Pepper, Cinnamon, Miice, Nutmegs, Dying Wood^, Sugar, Lead, Pewter, block and fingle Tin, Cloths from England, France, and Holland, Paper, Almonds, Verdigris, and Ibmctimes Coftce from the Illes. 769 li^ Of the Commerce with the CoaJ} of hixhjLry, WH A T is called Barbary, is that vaft Maritime Part of Jlfrica, which ex- tends for more than fix hundrec' Leagues from ^gypt to the Straits of Gibraltar, and a little beyond them into the Atlantick Ocean. The principal Kingdoms, or Republicks, which divide the Coaft of Barbary, are Tripoly, Tunis, Algiers, Morocco, and Fez; the Government of thcfe two laft is entirely mo- narchial, and fubjeiS to the fame Prince; that of Tripoly is Republican, and thofe ■ of Tunis and Algiers, a Mixture of both. All thefe States have a Number of Ports in the Mediterranean; and the Kingdoms of Morocco and Fez have alfo fonie on the Ocean, which are equally ferviceable for the Chriftians' Trade, and for a Retreat to their own Cruizers. The moll: conliderable of thefe Ports, and where the greateft Trade is tranf- adled, and Confuls of different Nations refide, are Tripoly and Gouletta, which is that to Tunis, Algiers and Sallee, in which laft the chiefeft Trade of Fez and Morocco is carried on, although a good deal is done at Tetuan, and fome at Arzilla, Alcajfar, Azamor, Saphia, and Santa Cruz. The Kingdom of Al~ pirs has, belidcs its Capital, Tremeren, Conjlantine, Bona, Bugia, Gigery, La Cdlla, Cape R"fa, CAlo, and that called the Bajlion of France, near the Gulf of Storacourcouri. And befides the Gouletta, Tunis has Bizerta and Port Farina, though the Tri~ pol/nes 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 Merchaiits have Warehoufes only in the principal Cities, and rarely land in any others, on Account of the Impofitions commonly pradtiied there; trading among thefe People, as the Saying is. Pike in Hand, being always en their Guard, or otherwife they are furely abufed cr cheated. I have already mentioned, in a former part of this Work, the Exports from Barbary, as well as the Goods they take off, and have little to add thereto, except fomething concerning the Trade of Morocco, which differs in feveral Refpedts from the others. Sallee, as above obferved, is the Pott in the Kingdoms of Fez and Morocco, of the greateft Commerce ; the Entrance of the River Guerou, on which it is built has a Bar of Sand that changes according to the Winds that blow, which is of a vaft Inconvenience to the trading Veffels, though itferves as a Refource to the Salletines when purfued by the Maltefe, or other Chriftians, who are more in Safety here than in any other Port of Barbary, The European Merchandizes are unladen immediately on their Arrival, into the Chriftian Merchants' Warehoufes there, and afterwards fold Wholefale to the Moors or Jews, who fend them to their Correfpondents at Morocco, Fez, Mequlnez, Tarudant and Illoe. The greateft Part of the Merchandize imported is conl'umed in thefe five Cities, particularly at Mequinez, twelve Leagues from Fez, and has the largeft Magazines f Corn, Hides, and Wax, which are the chief Commodities of the Growth of Morocco, and the States dependent on it. And what Goods remain undifpofed of in the faid five Places are fent to the Provinces of Sara, Dras, and Touet, in the Kingdom of Tajilet, where the Arabians take them in Truck for Gold Duft, Indigo, Oftridge Feathers, Dates, and fometimes a few Elephants' Teeth ; of which laft, Gold, or the Feathers, none are produced in the Territories fubjedl: to the ICing of Morocco, although the Chriftians yearly extraiit from them a great Quantity of that rich Duft and Plumes. The Gold and Ivory is brought by the Arabian Troops, who go to procure them, as far as the Kingdoms of Sedan and Gago, which are Part of Guinea, and are above four hundred Leagues from Morocco^ The Oftridge Feathers come from Sara, or Dara, a Country to the South of Morocco, towards the Sea of Sand, where the Moos and Arabians kill them in great Numbers, and fometimes take them &Mve, ; ' 9 K • ■". fs4 ll: ^ .'I 1 1 1 1 ^1 ' f f ' ^ I •j-JO GENERAL COMMERCE OF THE WORLD. and bring them to Morocco, which has led many Authors and Geographers Into the Error of luppofing them Natives of this Empire. The Bcnizeqiias, a People of AJricc in the Province of Habat in the Kingdom of Fez, have among tliem a Number of Weavers and Curriers, who carry on a great Trade in I/inen and Hides ; and the other Commodities in which they deal are, Honey, Wax, and Cattle. Santa Cruz, in the Kingdom of Morrocco, on the Confines of that of Sus, near to Mount y^tlas, is a fmall Town, though it at prefent carries on a pretty good Trade, more efpccially to Marjii/ks, where Imports and Exports are fuch as arc before mentioned. /ll^krs, Mr. Salary 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 pi-oduces plenty of Corn, befides the other Commodities peculiar to B^r- hary, and their Imports confift of Gold and Silver Stuffs, Damalks, Draperies, Spices, Pewter, Iron, hammered Copper, Lead, Quickfilver, fmall Cordage, Bullets, Linens, Sail-Cloth, Cochineal, Tartar, AUum, Rice, Sugar, Soap, Galls from Ak^po to Smyrna, Cotton in Wool, and Thread, Copperas, Aloes, Woods for Dying, Cummin, Vermilion, Arfenic, Gum Lack, Anifeeds from Malta, Brimftone, Opium, Maftick, Sarfaparilla, Incenfe, Spike, Honey, Wool, Paper, Glafs, Beads afforted, Gff. a fmall Quantity of thefe Merchandizes, however, fell here, although the Natives arc always wanting them, as Duties muft be iiuisfied. Recoveries diflicult, a Retreat of the Property uncertain, and Impofition very frequent. Thofe, therefore, who need any of thcfc Goods wait till the lall Extre- mity, in Hopes of fome Prize being brought in. Couca is a fmall Kingdom, fubjedl to that oi Algiers; its principal Trade con- fills in Corn, Olives, Oil, Figs, Raifins, Honey, and Wax j here are alio feme Iron, Alium, Sheep, and Goats for Exportation. The Bajlion of France is a fmall Fortification built Kingdoni of Algiers, on the Side where its Frontiers The French, to whom it belongs, and from whom it at the Extremity of the- join with thofe of Tunis. received its Name, have II. made them the Con- cf Algiers, and the petty been in Poflelfion of it ever fince 1 56 1 , when Solima/i cclVion, after a previous Agreement with the Divan Princes of the Country, for which they pay 39,500 F;v«f/6 Livres yearly La Cajfa is the true Port to the Bajiion; and befides thefe, the French have Cape i?y«, Bonna, and Collo in their Grant, from all which Places, they annually Export about fifty thoufand Meafurcs of Wheat, eleven or twelve thoufand of Barley, five or fix thoufand of Beans, and fome other Pulfe, above eighty thouiand Skins, a little Suet, above five hundred Quintals of Wax, and much the fame Quantity of Wool. It is likewife here that the French have their Coral Filhery, of which they take from five to fix hundred Quintals yearly j and all thefe Com- modities are fent to Marfeilles, except the Pulfe or 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, whole Exports from the Place of their De- nomination, are like thofe from the B<»/?wh, viz. Co'cn, Hides, Wool, and Wax, of which in a good Year their Extradls are confiderable. Between thefe two Places of the Bq/lion and Cape Negro, fubjedl to Tunis, is the Ille of Tabarque, dependent on Sardinia, bat 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 preferve the Inhabitants in the free Enjoyment of the Con.l FiHiery, and do the lame to the King of Sardinia, thougii their Illand is well fortified, and free from Infults. It likewife carries on a tolerable good Trade on its Coaft in Corn, Hides, and Wax. , . Of the Commerce of AvKic A, THIS is one of the four Parts of the World, bounded by the Ocean, the Mediterranean, and the Red Sea, which make a Peninfula of it j and a great Ifthmus, between Suez, at the Extremity of the Red Sea, and Damietta, on the Mediterranean, joins it to Afta. This fituation gives it a vaft Extent of Coaft, on which OF AFRICA. which only the Europeans have any Traffick; the Inland of their Continent Iking very little known, either from the Nature of the Country, tlic inlupportable Heats that generally reign here, or on Account of the Inhabitants' I'crocity, of which the major Part are Savages. And as a Connexion of Matters, which could not conVenientlv be feparated in treating of the Mediterranean Trade, led me to defcribe that cf Cairn, Alcxan-. iria, Rofetta, and all the Coail of Barbary, that make a confidcrablc Part of Africa, I (hall have no Occafion to repeat any Thing concerning th;?m here; but under this new Title proceed to give a general Idea of all the Places, where any Commerce is tranfaited on the other Coaft of Africa, and of the Eilabliihment that the different Nations of Europe have there. In regard tp the Trade of the Red Sea, as it in fomc Sort appertains more to Jfia than Africa, I (hall omit fpeaking of it till I come to lieat of the yljiatic Commerce, and at prefent confine myfelf to the African only. Very little or no Trade has been carried on, nor any of the Eurcpear.s had any Settlement on the faid Coaft, from the Kingdoms of Morocco and Sus to the Neighbourhood of Cape Ferdi near which Cape, and in the Space between the River of Senegal, which is one of the Brunches of the Niger, and tliat of Sierrj Leona, the French and PortugUefe have fome Factories; as the Englifo and DuKb formerly had, but the one abandoned thrnn, and the others yielded t!;v:m to France. Since writing the above, the Englijh have driven the French from all their Settlements on the Coaft of Africa. The Coaft of Sierra Leona is vifited by Ships of all the four Nation.^, though folely the Englifh and Portuguefe have any EftabliHiment here; and it is the fiill only who rcfide near Cape Miferado between the Coafts of Sierra Leona, and thofe of Malagmta, where they have about ten or twelve Houfes in all. The French carry on fome Trade on the Coaft of Malagueta, otherwife named Grevcs, thortgh without any Rctidence, and on the Ivory Coaft, which joins to this laft-mentioncd, all the Nations of Europe, that are engaged in tlic African Trade, tranfaft a great deal here in Elephants' Teeth; though fomc of them, having no Settlements, are obliged to negociate with the greateft Caution, very rarely putting Foot alhore for fear of ti»e Natives, who are Cannibals, fierce, and untameablc. The Gold Coaft, which is the next, is the moft frequented of any In Africa by the Europeani; and to preferve the Trade of the rich Metal, iVotn whicii it is denominated, there is hardly any of them who have not Habitations here, and fome of them poffefs even Towns and confiderable Fortifications. Ardres is a fmall maritime Kingdom joining to the Gold Coaft, though it affords very little for Trade but Slaves : And Btnin follows, making a Part of the Coaft of the Gulf of St. ''Thomas. The Iflc of the lame Name under the Line has belonged to the Portuguefe ever fmce they drove the Dutch out, wlio Iiad before taken it from them, whilft united with the Crown of S^'ain. The former alio have fome Settlements at feveral Places in the Gulf, and particularly at tliole which are in the Neighbourhood of the Kingdom of Congo. It is from this Kingdom, and that of Angola, that the heft Part of t!ie Ne- groes tranfported to America are extradted, and wlere each Nation goes to leek the Number they want. The Portuguefe are in a Manner Mafters of thcfe two Kingdoms, where they are both feared and loved by the Natives ; Jiowevcr, their Authority does not extend to hinder the Englijh, French, Dutch, 6i,c. from cai- lying on the Slave Trade with Eafe and Advantage. The Cafraria, or Country of the Cafres, begins almoft wliere the Cor.ft of Angola ends, and continues to the Rio de Spirito Santo, where that of Sofila commences. The Europeans have no Trathck in all tliis vaft Extent cf Coaft, though it is the moft celebrated of all the y^'rican ones, on Account of the Ca[ie of Good Hope; which is fituated aboiit the Middle of it. The jDw/cVihavea Settlement at the Cape, though not fo confuierahle for any great Advantage arifmg to them from their Trade with the Natives, as iVoin its lerving for a Rendezvous and Place of Refreflimcnt to their Indian i'lects both going and coming, . " ' . ■ . . After ;i • i 'I i •:;! . . :■;: r<\ ' 1 I- ■ : 772 GENERAL COMMERCE OF THE WORLD. After the Cafrean Coaft, comes that, as I obfcrvcd before, of Snfhla, where none but the Portuguefc arc fettled, as they alfo are at Mozambique, which joins next, and which has before it the great Ille of Madagafcar. In fine, it is alfo the Portuguefe alone who carry on the whole Trade of Mc- linda, though it is the laft Place thev engrofs to Cape Guaydafur, which being doubled gives an Entrance into the Red Sea. The Coaft ofAjan, or Defert Co;i(i, which extends from tlie Kingdom of Melinda to the faid Cape, produces nothing fit for Trade, having befides hardly any Inhabitants to carry it on. I have not mentioned any of the Ifles of the African Coafts, except tliofe of St. Thomas and Madagafcar -, but in the fubfequent Part of the Work, none (lull be neglefted that contributes any Thing to Trade ; and at prefent I fliall enter into a Detail of that wherein the Europeans are concerned on all the faid Coafts, beginning it at Cape Verd. - . ,. Of the Trade of the African Coaft from Cape Verd to Sierra Lcona. CAPErtTi/, fo named from the Ever-green Trees that cover it, is fituated between the Rivers of Senegal and Gambia, which are two of the chief Mouths of the Niger, a River fimilar to the Nile, with which, as one may liiy, it divides all Africa ; this traverfing the one Half, before it falls into the Ocean, as the Nik does the other Half in its Progrefs to the Mediterranean. The Trade pradifed in going up thefe two Rivers, cither on the Coafts of Semga/, or on thofe which extend from Gambia to the Cape of Sierra Leona, confifts in Gold Diift, Ivory, Wax, Hides, Gums, Oftridge and Heron's Fea- thers, Mulk, Rice, Millet, Indigo, Cotton Coverings for Negroes, and thefe Slaves themfclves. The Portuguefe have had great Settlements on all thefe Coafls, but at prefent their Habitations are fomething mote inland, cfpccially going up the River of St. Domingo, which is about thirty Leagues from that of Gambia, where their Refidence is at Cacheo, the Place where the African Company of Lift>on have their Magazines, for depoliting the European Merchandizes, and thofe they col- ledt of the Country's Produce, brought down the faid River, which is navigable for above two hundred Leagues, being annually above ioo,GOolb. of Wax, 50,000 of Ivory, and from 800 to looo Negroes, which they fend to the Iflands of.S/. fames and the Brazils, befidcj thofe they fend to the Englijh and Dutch, who come here yearly to feck them. The Portuguefe here carry on their Commerce in Barks of about forty Tons Burthen, with wh\;h they trade up the Rivers Cazuma, Pongues, Nonnes, and even to that of Sierra Leona j the nrft furnifliin^ them with their greateft Quan- tity of Wax; Pongues and Nonnes with Indigo; and Sierra Leona with Fruit, which they call Cojfe, with which they drive a great Trade ; and from all thefe Places they alfo get a '[^antity of Ivpry 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 the South-Sea Company, fituated a little higher than its Mouth, was taken and deftroycd by the Frr«t/6 in 1695. The River Gambia has two Openings, the one to the North and the other to the South ; in which lat'.jr, being moll ufed. Ships of three or four hundred Tons n-.:iy enter, but cannot go up it above fix or fcven Le;igucs ; though Vefl'els of a hundred and fifty Tons may go u'i as many Leagues to Majugard ; and the . Englijh, with lighter Barks, have often proceeded yet a hundred and fifty Leagues higher, from whence they have brought back a Quantity of Slaves, Cold, and Ivory, in Time of I eace, fo Majugard, where they had a Magazine, and their Fort with their principal Habitation was in an Ifle of the River about feven Leagues from its Mouth. Cantory is a Kingdom of Africa, m Negro Land, on whofe Coafts the French have a tolerable good Tr?.de, and a Fort for its Security and Protedlion. The principal Traffick is in Skins and Hides, for which Duties are paid at Beyhoutii. Calbaria, a Province in Africa, where the Dutch have a confiderable Trade, chiefly carried on at the Town of tiiat Name, their Fort being there, and their 6 Tratfick .\y\ O F A F R I C A. Tniffick in Slaves a good one, though the greateft Part of the Natives on this Coaft are Man-Eaters. The Exchange for Slaves is unpolifhed 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 diiFerent Ages, one with .mother -, of thefe the Natives make a Sort of Lattin Wire, which they employ in Collars and Bracelets to adorn them- felves 5 and in Cafe any of thefe latter are carried ready made from Europe, they ufc them there as Money. 773 (I'lt- SENEGAL. TllV, French Company of iScfff^a/, united to that of the Weft in 1718, and after the Year 171 9 fwallowed up in the great India one, have two prin- cipal Eftablirtimcnts on this Coaft j the one at the Ifle of Goree, and the other in the Ifle of 5/. Leivis, at the Mouth of Senegal River. The Dutch were the firlt 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 feized it in 16785 in 1692 the Englijh took it from thefe laft, who the fucceeding Year again repoflefled it j and the Senegal Company have occupied it ever fince, and from hence carried on i Part of their Trade, of which, however, the greateft Share always continues to be tranfadted on the Coaft of St. Lewis Ifle, and that of the River Senegal. Thefe Places were taken by the EngliJ).< in 1758 J and by the Xth Article of the Peace of Verfailles in 1763, the Iflanc of Goree was reftored to France, the Trade of the River Senegal, with the Forts and Faftories of St. Leivis, Podar, Galam, were ceded to the King of Great-Britain : And by 4 Geo. III. C. 20. the Fort o£ Senegal and its Dependencies were veded in the African Company. All that the French Company negociated, in the whole of thefe Settlements, 5fm'^<7/ included, mig'it amount in a common Year to fix thoufand Bull and C: Hides, forty or fifty Quintals of yellow Wax, ic\tn or eight thoufand Pounds ji Elephants' Teeth, two thoufand Cotton Negro Veftments, tweniy-five or thirty Marcs of Gold, and fifty thoufand Slaves. It alfo obtained fome Oftricli and Herons' Feathers, Ambergris, Civet, a Quantity of coarfe Cotton Cloth, blue and white ftripcd ; which were refold on the Gold Coaft. The chief Traffick of Gum is with the Moors, who bring it on Horfes to a Place called Terrier F.onge, at fifty Leagues from the Coaft, going by the River of Senegal; of which the Sales begin in the Month oi April, and laft about fix Weeks. Higher up on the Coaft is found the Kingdom of the Jalojis, and that of the Ceratique ; and it is to this laft that the Cuftoms are paid for the Liberty to navigate and trade in the River of Senegal. The Englijh and Dutch have very confiderable Dealings with thefe Jalofes, and the Places of their principal Tranfadlions are Camino, Jamefil, and Geroep. The Months of March and April, with thofe 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 of Gambia, particularly for the Jalofes, with which the Dutch commonly lade their Veffcls for this Traffick, are Bars of Iron, twenty-eight or thirty to weigh about ten Quintals, Brandy, Beer, Copper Bafons of different Weight, Copper Plates of about a Pound, Yarn, coarfe narrow blue Serges, four threaded Cloths, red, yellow and blue Ratines, red, yellow and white combed Wool, white, blue, red, and yellow, Glafs Beads of various Sorts, rough Coral, Sabres, Copper Trumpets, red Caps, round Padlocks, Rock Cryftal, Sailors Knives, coarfe Shirts, and fine ones with Lace at the Bofoms and Wrifts, Suits rf Cloths from Harlem, Silejia Linens, and others both of Hemp and Flax, fine Cotton Linen, fine and common Paper, Earthen Pots white and blue. Blankets of Leyden, Irijh Mantles, Morocco Leather Shoes, Hats, brown Fuftians, coarfe white Thread, GLifs Bottles with Pewter Stoppers, and all Sorts of Needles. The Ladings of the French Ships for Senegal were in Part compofed of the aforefaid Goods ; and befides them of black Cotton Linens, calendered Linens of 9 L Rouen, i*F mh !• • ,dt ! r I: 774 GENERAL COMMERCE OT THE WORLD. Routn, Kettles from four to ten Pounds' Weight ; fome few Trinkets of Silver, yellow Amber, Pewter, little Looking-Glafles with painted Frames, fome Coin, large red Coral, Taffeties, Crimfon, cherry Colour, yellow, and blue, though but few of them, a few Cloves, Sambouc Wood, and the Iris oi Florence, for Frdcnts to the Negro Kings, as alfo a few Ells of Scarlet Cloth for the fune Purpnfc Arms, fuch as Mufquets, Mufquetoons, Fowling Piece?, Piftols, double bar- relled Guns, Gunpowder, leaden Balls, Shot, and Flints, arc equally proper for Cumhia unA Senegal ; but one of the beft Merchandizes, and of which the Sales nre the moft confiderablc, are the Maltlkean Shells, called Cauris in Luliii, and Bouges on the Coaft of Afrku. AH thefe Merchandizes, and fome others which will be hereafter mentioned, are equally proper for the Trade of all the other African Coafts, excepting the above-mentioned Shells, wliich arc only current from Cape Blanco, to and includ- ing Jutla, or Xcivis, on this Side the River Ardres. But Angola, where the greatell Purchafc of Negroes for America is mac'i, does not admit thefe Shells in Trade. It is true, that the Inhabitants of Congo, do alio make Ufe of Shells, by them cal- led Zimbi, or Zinibi ; but thefe are carried tliem only by the Partuguejii who are in a mannef Mafters of all this great Kingdom. The Commerce of the African Coajls, from the Cape o/" Sierra Lcona, to the River of Atdcs. IT is from the River of Sierra Lcona, that the Coafls of Malagucte, or Mah" guettc, begins, fo called from a Sort of Pepper, that makes the principal Trade of the Rtach of this Part of Africa ; the Englijh and Partuguefe Hiare this Traf- iick ; the firft having a Fadtory conveniently eftablifhcd in one of the Iflands, and the other within Land. The Merchandize this Coimtry affords them, are Rice, Elephants' Teeth, the beft on all the Coafts, Civet, and a little Ambergris. The Capes of Maw/c, and Mifcrado, would likewife be good Places for the Ivory Trade, could the Inhabi- tants be made tractable, as the River Jonco, or del Punto, would, did not the Sei break ir Aich a Manner, as to render anchoring there very dangerous. The Ivory Coajl jo^ns to the preceding, and produces only thofe Tcetli and a little Gold for Trade. Iron Rings and fmall Bells are what moft pleafes thefe Barbarians from Europe ; and the Places of the grcateft Trade on this Coaft, arc ihe Grand Droain, fituated in an Ifle formed by a fmall River; Groma, Taiou, Little Tabou, Tao, Rio Frefco, St. Andrew, Giron, Little Drouin, Bortrou, Cape !a Hon, James la Hou, Wallochk, and Gammo. The Gold Coajl begins at the River Sueiro da Caflos, and is about a liundreJ and thirty Leagues long Eaft and Welt. This Coaft is above all others of /fruk the moft frequented by the Europeans, and where the Englijh, Dutch, and Danes have very confiderablc Settlements : The great Quantities of Gold found, and fold on this Coaft, havegi"*nit its Name, and its chief Market PIul^s are, AtclimQx Aximc, Accra, called tMo Tafon,Acanni,Acherva, znd Fetu. T\ut oi Aximek the beft, and of the Standard of twenty-two or twenty-three Carats. Abajon 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 failing Eaftward, the Villages and little States ofAlbiani and Tubo are met with; the fikft fix Leagues irom IJJini, and the other ten. The Ships that trade along the Coaft come to an Anchor before thefe Villages, and hoift their Co- lours, on which the Negroes immediately come off, and on finding them Friends, go aboard, where they are commonly regaled with a Glafs or two of" Brandy, and an Enquiry is made from them, whether any Ships have been lately on thi; Coaft, and what Goods they have got to difpofe of. The Kingdom of Guiomere is the ncareft to Cape Apclknia, and though iti Sea Coaft be very contrafted, it is pretty confiderablc within Land, and drives x great Trade, either from Gold Mines it has itfelf, or with what it collcdls by iti Commerce, with thofe that pofiefs them, as this Metal is vi:ivy common here ; and the Tnffick in Ivory and Slaves is not a little, /.t ciglit Leagues lo the Eaft of Cape St. Appcllina, is the Village which the Ne^r'jCi call A. em, the Fre?u:'j Axime, ! : I OF AFRICA. jlximi', and the Dutc/j AtcLiiii, of which thcfe laft have been for above a hundred Years Mafters. - After Axime, is Cape des Trots Pointes, called fo from three Mountains which compofe it. The Subjcds of the King of PruJ/ia were fettled here, and had a Fort, which they had obtained in 1720, and delivered up to the Negro King, Mafter of the Country, who acquainted the French therewith, and follicited their coming to fettle there, with Offers of anexclufive Trade j but they negledting to ittjprove the Opportunity, the Di/r^A took it in 1725, and continue to enjoy it, and is one of the moft confiderablc Places on the Coaftj the Anchorage is good, the Landing eafy, vvitliout any Bar ; the Country is healthy, abundant, ftitile, and well cultivated. Bcfidcs the Gold Trade, which is very confiderable, here is a great deal of Ivory, and many Slaves. The Dutch have another Fort called Bo- trou, about tuo Leagues to the Eaftward of the Cape j and another at fix Leagues to the Eaft of Botrou, named Witfen, pretty near to Tacoravi. Sama or Chamn, is one of the chiefeft Places on the Gold Coaft, being near four Leagues F/aft oi 'Tacoravi ; it contains about two hundred Houfes, and the Portugucfe had here formerly a Fadlory, and a Redoubt j but the Dutch feized both the one and the other, and carry on a conliderable Trade here, it being the Rendezvous of all the neighbouring Negroes. The Kingdom of Gnaffo, or Cornmendo, being four Leagues to the Eaft of Sama, this with Pifti, or Fctti, and Sa/jou, made formerly but one Kingdom, and was then powerful and rich, but, Hnce its Divilion, is greatly dimini(hed. The Ne~ groes call it Commcnda Ajata, and the Portugtiefe, Aldea de Torres, though it is yet known under the Name oi Little Comnwndo, to diftinguifti it from Gwa//o, which is further in Land, and denominated Creat Cornmendo. All this Country is ex- tremely fertile, and abounding in every Thing neceffary for Life. At Little Cornmendo, is a celebrated Market kept daily, the beft furniflied of any one in Guinea, and it may be in all Ajrick. Although the Gold Trade is not fo confiderable here, as at the Places before- mentioned, and at the Mine, Csfc. which I (hall hereafter fpeak of; yet the i'Vcwi^ have notwithftanding made a Settlement that is of infinite Service to them, for furniihing their Ships with Refrefhmcnts in their Voyages to the Eaft, and in their Return to France. The CaJUe of the Mine, known by the Name of St. George de la Mina, is tlie principal Fadlory, and the beft Fortrcfs which the Dutch have on the Gold Coaft, being the Refidence of their Diredtor, and general Commandant, and the Centre of their Commerce, on which all their other Settlements depend. The Soil is infertile, and therefore the Miners are obliged to the Blacks of Cornmendo, Fetu, and Cape Corfe, for their Provifions j which laft Place lies about three or four Leagues from the Mine, and has for fome Years paft been the chief Settlement of the Englijh in thefe Parts ; it is the Refidence 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 lo ftrong, as to have refifted the Dutch F'leet, under the Command of Admiral Ruyter. The Village occupied by the Negroes is the moft confiderable of the Kingdom of Frfw; it is compofed of more than two hundred Houfes, and has a diurnal Market, where every Thing may be had for Money that a Perfon can wifti for. By the Agreement which the Englijh and Danes made on their joint Capture of this Place from the Dutch, it was ftipulated that the Danes ftiould have a fortified Settlement here, called by them Fridericjhourg, which is to the North- Eaft of the Village, and is commanded by the principal Conimiflary of the Danijh Company, which carries on a confiderable Trade here. Although the Fort and Village of Cape Corfj are in part diy and arid, the Reft of the Kingdom is very fertile and abundant, the Lands are weil-cultivated, and the Natives, who are numerous, are very Iaborioi.9. The Village oi Moure is a little League from Fridericjhourg, where the Dutch have a Fort with the Name of NaJJ'au. The Kingdom of Fantin is extremely rich, populous, and potent j the greateft Village is Cormantin, about thr«e Leagues from Moure -, the Englijlj had formerly « Fort here taken and retaken by the Dutch, with whom at lalt it remained, and 6 thev 77$ H.-\ n H i;ir fi m 776 GENERAL COMMERCE OF THE WORLD. they have here a good Trade, as they have at jUia and Jamo/nf, which they have fortified. Tht Country is rich in Gold; the Inhabitants labori'^us, Lovers of Trade, of which they have learned the Score: and Occonorny fiom the Dutch. /ickram or Acron, a Town in Afrkk on the Guinea Coall, is not far from liregu, or Beriti, and whofe principal Trafiick conlifts in Gold Duil, which the Inliabi- tants give in Exchange for red Cloth, Pots, Kettles, liafons, and other Copper Kitchen Utenfils. Aguvunna, another African Kingdom on the Gold Coaft, carries on much the £imc Trartick as the Preceding, witli the Addition of foiuc few Slaves. Of Acara, Lampi, Juda, and Ardres or Ardra. jfCARA is a large Kingdom, fcatc^ at the Extremity of the Ciold Caift, ■^ where the Eng/ijh, Dutcib, and Danes, have each a confiderablc Fort, which render them Mailers both of the Gold and Negro Trade, and therefore obliges the French to deal with Lampi, Juda, and Ardres, even when at War with thcfc Nations; the latter of which borders on the Kingdom of hs fieri. Before that Moure and Cormanteri had attracted the gresitcft Part of tiie Bulinefs tranlattcd on the Gold Coaft, the Village of little Acara, fitiiated at tlie End of it, was the Place where moft of the European Merchandizes found Difpatch; this Village only fur- niihed a third of all the Gold that the Europeans traded for on this Coaft, and the Negro Trade is ftill pretty good here, as between three and four hundred nuy annually be purchafed on reasonable Terms. The Commerce of Lampi and Juda, a fmall Kingdom between Acjra and Ardra, is not inconfiderable, efpecially for the Purchafe of Negroes. In the Years 1706 and 1707, the French Afliento Company bought here two hundred .and fifty each Voyage, in Truck for European Goods from forty-iive to fifty French Livrts per Head, though in the Kingdom of Ardres, from whence near three thoufand , Slaves may be annually extraded, they coft about eighty ditto; and tlufe 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 Cutlaffes ; coloured Taffeties; filk Stuffs ftripcd and Ipot- ted; fine Linen; Laces; fine Handkerchiefs ; with Buttons; Iron Barrs; afine thin woollen Stuff called Bouge; Copper, cylindrical, and pyramidical Bells; long Coral; Copper Bafons of various Sizes ; MufketS; Brandy; large Umbrel- las; gilt Looking-GlafTes; C^;>;a Taffeties, and other Silks from that Part; Gold and Silver Duft ; Englijh and Dutch Crowns. •" ■ . f. Of the Trade on the Coajlof the Kingdom of Benin. 'TP HE Europeans trade but little in this Kingdom, altliough it has two hundred ■■■ and fifty Leagues of Coaft, and the Inhabitants are lefs lavage tlian the Negroes of Guinea and other Parts of Africa. The Merchandize found here are Cotton Habits ftripcd according to their Fa/hion, afterwards fold on the Cold Coaft, and others blue, proper for the Trade of the River Gahou, and on that of Ai's^ola ; Jafpcr Stones; female Slaves, for they will fell no Men; Leopard Skins; Pcjiper and Acori, which is a Species of blue Coral that grows under Water, in tlic Form and Manner that other Corah do. In Exchange of thefe Commodities arc given Gold and Silver Stuffs; Red and Scarlet Cloths; Red Velvets; Violet coloured Ferrets; Harleim Howered Stuffs, well coloured; Red Glals Ear-Rings; Looking Glaffes with gilt Frames ; Glafs Beads; Bouges; fine Coral; Earthen Drinking- Pots ftriped with Red; all Sorts of Cotton Thread, and Linen; Oranges; Le- mons, and othergreen Fruits candied; Brafs Bracelets weighing five Ounces .and an Half; Lavender; and Iron Bars. The Dutch are almoft the only Traders with thefe People, as it is they alone among all the Europeans who have a Warehoufe here, which by the Kind's Per- mifTion is eftabliflied at Golou, a large Village on the River of Bcniii; und this Commerce they enjoy fo uninterruptedly, as the Country produces neither Gold, Ivory, Aides, Gum, Wax, nor Slaves, as above-mentioned, though the Natives arc much OF AFRICA. r lour large Ships, with all Materials, Inftruments, Workmen, Gft'. necclTary lor tlie Undertaking : They made him Admiral of this little Fleet, and Governor of the Cape, with full Power on his Arrival to treat with the Natives, and to regulate every Thing tliat he IhoulJ judge would be conducive to the Eilablifh- meiit of the intended Colony, on a fccure and lafting Foundation. Van Heibeeck had all the Succefs that he could polljbly defire in this Enterprize; as he knew well how to ingratiate himfelf with the Hdtcntots, by the Prcfents he made thcni of fome Hardware, he prcfently concluded a Treaty with them, by which they granted the Dutch full Liberty to fettle in their Country, and to trade with tlum as they (hould think proper, on Payment of fifty Guilders, in the fame bort of Merchandize as their Prcfents were. This Treaty was immediately exe- cuted with Piin(^tuality by both Parties, and from that Time the Dutch India Company have enjoyed an uninterrupted Settlement, and nothing is neglciflcd to reailcr it as beneficial as pofiibic. Vv'hei) I fay their EAablifliment has been without Interruption, I mean from thecontratJting I'articsj for as foon as the Dtf/c .6 began to cultivate their new purcha(ed Lands, and to build Houfes and Forts, the Gunjermans, which arc a Nation at the Capencarell the Sea, oppofed themfelves to this Eflablilhmcnt, and called in all the neighbouring Nations to their Afliftance: but the Dutch defended themfelves fo well, that their Enemies were obliged to d'jmand Peace, which was granted them on the following Conditions, viz. The firfk Agreement was not only confirmed, but it was further ftipulated, that all the Lands which the Natives did not then actually occupy, (liall thence-forward belong to the Hollanders, with this Claufc only, that the Natives might fettle wherever they pleafed, provided it was in Places that the Dutch left uncultivated. An Alliance offenfive and de- fenfive was at the fame Time concluded, which though not fet down in writing, the Hottentots not underftanding the Ule of Letters, has been hitherto religioufly obferved. By this Treaty the Dutch are in a Manner become the Mafters of all this Country ; and the Chiefs of the Nations frequently come to renew the Al- liance with the Governor, and to bring him Prcfents of Cattle, wh^n they are al- ways well received, and their Gifts returned in Tobacco, Brandy, Coral, and other Things they are known to be fond of. It has coft the Company immenfe Sums to put this Eftablifliment on the Foot- ing it at prcfent is; Mr. Kolben computes the Expence of the firft twenty Years to have been at lead a Million of Guilders per Annum, and that during the Time he was there, it was difficult to raife enough to defray Charges. The Revenues Confift in the Tithes of all the Lands which the Europeans poffefe at the Cape, Ground Rents, Cuftoms on all foreign Wines, and thofe of their own Growth, on Tobacco, Beer, Brandy, and other diftilled Liquors, as well as on the Pro- fits made by Trade, which the aforefaid Mr. Kolben reckons annually amounts to 225,000 Guilders. But as the Colony has always gone on inqreafing, and frefh Lands continually been grubbing up, this Eftablifhment muft becon)c very be- neficial in Time. The Territories which the Dutch poflefs are divided into four Diftridls or Co- lonies, of which the firft; is called the Cape, becaufe it is the ncarcft to the Sea, and the City and Fort of Ccod Hope, are built there. The fecond Colony is tliat of Stellenhofch, fo called from Steel, the Name of a Governor, Simon Pander Steel, under whom this Eftablifliment was made, and Bofcb, which in Dutch fignifics Wood, becaufe the Country was entirely co- vered with it, or over- run with Weeds, wheithe Dutch took Poffeflionj this Colony is feparated from the firft by Sands of a great Extent, and divided into four Parts, of which the two principal ones are, that which ftill retains the Name of SttlknboJ'ch, and that called Hottentot HolUnd, not becuife it refembles the Province 779 ■■ » ! li ! I 1 i ( I m-\^ ! -5 ■ I 780 GENERAL COMMERCE OF TllF. \NORLD. Province of Hollartil, which is much Icfs, and very diftlrcntly lituntcd, hut bc- cauH- it ap|x;jrcil to the firft Settlers, to be the /itte(^ for Cattle .ipjicrt.iininj^ in the India Company. Dratcnjiiin is the Name of the third Colony, which hcgnn by fcttlintj i) 1675 J a j;rcat Number of fVi7;ci6 I'rotcftants h.u'ing a little brfore ncil for Re- fuge to HolliituI, the Company, by Recommendation of the States (Jcneral, Cent many with their Families to this Country, witli Orders to the Governor to ^ivc them Lands, and all NccelTaries for their Culture ; it is thefe or their Ocfcen- dantii, who at this Time compofc the greatcft I'art of the Inhabitants of Dnt. ifiijicin j and although they have omitted nothing that might render this Settle- mcnt flourillung, and herein have been afTiftcd by the Soil, which in general ii very gootl, yet few have obtained a Sufficiency t ) make themfelves cafy, but ge- nerally fpcaking arc poor, living from Hand to Mouth, and in Huts lik." the IL;. tentots. This fcems furprifmg, but our Author attributes it to the little Supjxjrt afforded them, as there was Room to have exfiedted more. The Country is mountainous and ftony, yet neverthelcfs very fertile, producing almoft every Thing growing in the other Colonics ; the Honey Mountains arc here iimong others, fo called from ihc great Quantity of that fwcct Liquiil, which a Meridian Sun forces in drops from the Cliffs of the Rocks, and wriith the Ibt- /t«/s// acquire at the Peril of their Lives. The Governor Vandfr Stfl <^\\z this Colony the Name it bears, in Honour to Monficiir Uaron Van Rbecdc, Lord of Drakfnjlcin in (iuiUi'rland, who in 1685 was fcnt by the India Company, in (^,1- lity of Comtniffary General, to examine the State of all their Fadorics and Plan- tations, and to redrefs as he fhould think proper the Abufes cept in there. The laft and youngcft Colony of the Cape is that ot' IVaveren, which received this Name from tyUiiiim Vander Stel, in Honour of the Family of /'<;« fyaverenoi jlmjlerdam, to which he was allied. It was before called the Red Sand, on Ac- count of a Mountain which feparates it from the Colony of Drakenjlein, on tlic Top of which, and about it, is found a great Quantity of this red Sand. Th; Country is naturally very fertile, but little cultivated, as the Inhabitants podefs nothing here in Property, but arc obliged to renew their Lcafcs every i\\ Months with the Governor. There is not a Country in the World, according to Mr Kolhen, that feeds fo great a Quantity of large and fmall Cattle, as the Cape of Good Hope, where they are cheaper, and their Flefh better ; an Ox commonly weighs here between five ami fix hundred Pounds, which is given for a Pound of Tobacco j and a Sheep's Tail weighs from fifteen to twenty, and fometimes thirty Pounds. As lazy as the Hottentots natnirally are, they do not however neglcdt an Ap- plication to the Mccbanick Arts, and they arc even fo expert, that it is incon- ceivable how they Hiould be accufed of being a People the moft ignorant and ftupid in the World : They have Furriers and Tanners by Profeflion among them, •who underftan , eparing the Skins with which they cover themfelves, and the Hides that th^y employ in divers Ufcs, almoft as well as t\\c Ettropi'aus ; /rti- ficers in Ivory, who without any other Inftrumcnt than a Knife, work in it with as much Propriety and Delicacy as the bcft Turners ; Matt-Mnker«, Rojie-makers, who have the Art to make Cords with fmall Rulhes, that are as ftrong and durable as Hempen Ones ; and the Blackfmiths, who very well undcrftand to caft Iron, and give it all Sorts of Forms, only with Flints, although they hardly ever mak« any other Ufe of it, than to arm their Sticks, Arrows, Javelins, and other fiini- lar Inftnuncnts. Thefe Blackfmiths work alfa in Copper, though but a little; for all their Performances herein are reduced to fome Toys, with which the Men and Women adorn themfelves ; and they are all in general Potters, every Family making their own Vcll'els, for which they ufc the Earth of an Ant Hill, v.liich they carefully cleanfe, and afterwards knead with Ant Eggs, which make an ad- mirable Cement, and gives to the Mat.er a jet Black, that it never lofes. It it hereby fcen, that they neither want Invention or Dexterity, and that if they were lefs flothful, they would, in '.nc Mechani.'' Arts, foon equal ail the othcf ylfrtcans*, . , - - , • ' K'lif'i'i preftnt State of tlie Cipc of CcjiZ/c/i. -. -'.V- ' 420, to be an impenetrable Foreftj fo that before they could fettle here, and cultivate it, thpy were obliged to fet Fire to it, though this Expedient had like to have cofl thofe who rompofed this Infant Colony their Lives, by the excefuve Heat in thejr Barks where they retired, and continued whiJft the Wood was burning ; but having afterwards effected their Settlement, the Ifland is be- come one of the moll fertile and populous of any in the Ocean j and produces Plenty of Corn, Wine, Sugar, Gums, Honey, Wax, Hides, all Sorts of Fruits, frclh, dry, and candied, efpecially Citrons, Lemons, and Pomegranates, Yew and Cedar Plank, &c. and its Imports are fuch of the European Goods as have been btllirc-mentioned for the other Iflands. The 1 1 '■' O F A F R I C A. The Cape de Verd Ifles, difcovcred by the Portuguefe in 1472, fome fay in 1 572^ are to the Number of ten, ^f- J^g"' ^^- -^ntonia, St. Lucia, St. Vincent, St. Ni- cholas, the White Ifle, the Ifle of Salt, Mayo, Fuego, and Buena Vijla. They are often called the Green Iflands, from the continual Verdure that covers them, and fometimes the Salt Iflands, on account of the Quantity made of this Commodity, not only on the Ifle bearing that Name, but on ibme of the others; St, "Jago is the Capital, and Refidence of the Governor, who is a Sort of Vice- Roy, and commands all that the King of Portugal poflefles in Africa, from Cape Verd to the Cape of Good Hope. The European Nations, which trade to the Ea/l-Indies and Africa, commonly touch at thefe Iflands for Rcfrefliments, calling at St. Jago in Time of Peace, and contenting themfelves to water, Gfc. at Mayo, St. Antonio, St. Vincent, or the Ifle of Salt, when a War; the few Portuguefe fettled in thefe latter receiving and dealing with them, at all Times willingly, though indeed they are in no Con- dition to oppofe their Defcent, if their Inclinations led them to it. Thefe Iflands were mere Dcferts when the Portuguefe firft began their Settlements, though they now produce in Abundance many Commodities fit to fupp^rt a confiderable Trade, but more eipecially raw Hides of Kids, Goats, wild Cows, Gfr. Cattle are fo plenty, that leveral Ships are employed in carrying them to Brazil; and the annual laltingof Fifli caught near Cape Verd, keeps many Sailors at Work, as it does alfo Veflels afterwards, for its Tranfportation to the Bay of All Saints, or Fernambouc. The Ifles of St. Vincent and St. Antonio, in particular, carry on a very lucrative Trade in the Oil they extradt from Tortoifes that come afliore in certain Times of the Year, as well as in Ox Hides, which they drefs in the fame Manner with them in Spain and Portugal. In fine, the Rice, Honey, Turkey Wheat, Oranges, Lemons, Pine-Apples, and feveral other delicious Fruits, as alfo the great Quantitief of tame and wild Fowl, found here, not only fcrve for the Food and Regales of the Inhabitants of thefe Ifles, but alfo for the Traffick wliich they have with Strangers, who cere's here to water, or to trade. The Ifle of St. Thomas, which the Negroes of the Coaft call the Ifle of Pon- cas, took its new Name from being difcovered on that Saint's Day, the 21ft oi December, 1465, in ieeking to difcover a Way to the £«//-/« r n^ u „r T'^!' -7.86 GENFRAI, COMMERCE OF THE WORLD. Lcjfimes of all Sorts arrive here to great Perfedtion : Indian Wheat, Millet, Ma- nioc, of whofe Roots the Caffave is made. Melons, Potatoes, Figs, Hananas, Dates, Cacaos, Oranges and Lemons grow here in Abundance ; the Sheep anJ Kids are excellent, but the Beef is fmaller, and not near fo fat as in Europe, The European Commodities, which the Portugtiefe carry to St. Thomas, are Linens from Holland and Rouen, or other fimilar in Quality, Thread of all Co- lours, thin Serges, Silk Stockings, Leyden Camlets, Nifmes Serges, Matches, Bills, Salt, Olive Oil, Copper Plates and Kettles, Pitch and Tar, Cordage, Su^;ar Moulds, Brandy, and all Sorti of diftilled Liquors, Canary Wine, Olives, Capers, fine Flour, Butter, and Checfe. Befides the great Ifle I have now fpoke of, fome Pilots give the Name of St. Tiomoj in general to fmall Iflands, near, and even to fome very diftant : Of thefe the chief is Prince'!, Ifle, difcovered in 1471 ; that of Fernando Pao Poo, or Port, that of the Afcenjion, and that of Annabon, or Bon Anno; it having been difco- vered on New- Year's Day, even that of St. Helena, although at a great Diftance from that of St. Thomas, of which I fliall treat in its Place ; and in Refpert of the other four, no Commerce is carried on with them, as the Ships bound to the Eaft-Indies, only touch here for Wood and Water, or to catch Tortoifes, when in Want of frcfli Provilions, and have many Sailors fick j except Annabon, where the Portuguefe that are fettled carry on a Trade in Cotton, which they gather in freat Abundance here, as alfo Hogs, Goats, Poultry, Variety of delicious Fruits, '*lm Trees, Tamarinds, Woods, (3c, I Of the Canary IJlands. TH E S E are the fame the ancients knew under the Name of the Fortwiatf Iflands i whofe Difcovcry neverthelefs is reckoned only from the Year* 1348 or at the utmoft a Century before ; they were in a Manner forgotten for fe- veral Ages, and as it were, loft all that Time to the Nations of Europe, who had no Knowledge of them. The Spaniards are at prefent the Proprietors and have poflefled them ever fince 15^2, when they were given up to them by the Succeffors of their firft Conquerors. They are fituated to the Weft of Africa, over-againft the Kingdom of Morocco, being eighty Leagues diftant from that Coaft, and till lately were counted only feven in Number, of which the prin- cipal is called the Grand Canary, the other fix are Palma, Ferro, Gomera, Te- nerifft fo famous for its Peak, or Mountain, fuppofed to be the higheft in the World, Fucnte, Fortaventura, and Lancerotte; out for fome Years part Clara, Lobos, Graciofa, Raca, Alegranza, and Inffermo, have been difcovered and added. The Soil of thefe Ifles is extremely fertile in all Sorts of Grain, Fruits, and Le- gumes ; particularly in thofe excellent Wines, fo much efteemed over all Europe, where fo large a Quantity is yearly tranfported: Mr. Savary fays, xhat between ns and tlie Dutch, an annual Export is made from thence or above thirty thou- landTons of this pleafant Cordial; and though I am convinced that the Quan- tity is very large, yet I cannot think it amounts to Co 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 Ifles, fo that here may be as much, or near as much made, as there is at St. Thomas's; the other Goods extrafted from thefe Ifles are Honey, Wax, Goats Skins, Pitch, or black Gum, divers Sorts of Fruits, Sweetmeats, Poultry, great and fmall Cattle, with a large Quantity of Canary Birds, which, though feemingly a trifiUg Article, yet fwells the Amount of their Trade very confiderably. The Englifh, who trade mote here than all other Nations put together, in a Manner fupply tlicfc Iflands with all the European Goods they want, which con- lift in Cloths, 6rdinary Camlets, Baife, moftly Blacks and »..i.jrald Greens, Anaf- cotes, black and white, Sempiternas, moft blues, Lamparilla of all Colours, worfted Stockings, wove and knit, Hats, Gogonelles, Linen from Holland and Hamburgh of two or three Sorts, other fine and cou.le Linen, all Numbers of Thread, Houfe- hold Furniture, fuch ii Efcrutoires, Chefts of Drawers, Chairs, &c. Horfe Har- . :'r : ■ • , - nefs, O F A F R I C A. nefs, Pewter, Mercery, and Hardwares ; Irifl) Hides, all Sorts of Silks, though moft of thcfc arc now fupplied from Spain, 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 Iflcs are fupplied from TeneriJ'e. And the En^lifi take in Return the Malvoi/e and dry Wines made here, of which in a good Year Tenerijfe only produces above thirty thoufand Pipes, one-third Mahoife; and Pitlma and Firro, fifteen or fixteen thouL d Pipes each. I have already mentioned, under the Trade of Spiin, the Nature of the GaU Icons and Flotaj and to this I (hall now add, that befides thcfe, fevcral Ships are permitted annually to fail from thefe Iflaiids for the Spanijh America, un- der the Limitations of currying their Produdls with them, or returning with no other Commodities than thofe of the Growth of that Country, and out of thefe Silver and Cochineal arc excepted ; however, they find Means to evade thefe Rcftriftions both going and coming, and the Engitjb have always Ware* houfes of Goods here to fupply the Demands made on fuch Occafionsj thefe Ships have a Right to proceed to all the Spanijh Ports in that Part of the World, except rtra Cruz, Carthagena, and Porto Bello. 787 ■ It Mil Of St. Helena. THIS Ifland it fituated in the Weflern Part of the E.hiopian Sea, in fixteen Degrees, twelve Minutes, South Latitude, almoft four hundred Leagues from the Coafts of >/»^(5/(7, and thofe of iin/z/'/, t'-jugh fomething n^rcv Afriik than America, and therefore Geographers have plated it to the former. The Poriugueje diCtuveved it in 1508, and left it for a Place of Shelter and Refort, common to all Nations, who (hould trade to Imiia; after which the Dutch fettled and then abandoned it for the more commodious Situation of the Cape of Good Hope, and the Eng/ijh have poflefled it ever fmcc; but as it affords nothing for Trade, more than the Refrefhments for the Ships that call there, I /hall not add any Thing to what I have now faid about it. Of Socatara or Zoccotara. SEATED at the Mouth of the Red Sea, commonly called the Straits of Bsbel-Mandel, is the laft of the African Ifles towards the Eaft, and ncareft to the Continent of Ajia. This Situation placing it almoft equidiftant from thefe two Parts of the World, renders it very convenient for Ships that come from India, Madagafcar, Mofambique, or Melinda, to trade with Arabia-Ft'lix, or with Aden, Mocha, Mecca, and other Cities of the Red Sea. It produces, befides, good Refrefiiment of all Sorts, Aloes, the beft in the World, Ambergris, Indigo, Civet, Incenfc, Dragon's Blood, and other Medicinal Gums, Rice, Tobacco, and Dates, of which latter they have fuch Quantities as to fervc them inftead of Bread. All tb.;fe Commodities tlie Natives either fell to Foreigners, who touch there, or truck them againft other Produfts of EuroJ>e or India. iii ,i' it' t'^-h f'i\H ) 111 0/" M A L T A. 'T^HIS Ifl:uid, fituated in the Mediterranean Sea, between Tripoly, of harhary, ^ and Sicily, is Icfs known for its Trade, than for being the Habitation of the Milhary Order of St. John of ferufalem, who have poficfled it ever fince 1530* the Commerce of it is, however, ^-ctty confideriblci not by what it produces, as it is hardly better than a Rock, and coniequently cannot furniih the Inhabi- tants with the Neceifaries of Life, much lefs for the Support of a TrafHck with ForeigDcrs, by Way of Barter or Exchange ; but this is done by the Importation of many Engiijh, Dutch, and Italian Ships, who carry here all Sorts of Goods for the Malteje Ufe, or are freighted by their Merchants to load Corn, &r. in 2 Italy. % ^88 GENERAL COMMERCE OF THE WORLJ). Italy. The Ifland, however, products Cotton in Plenty, of which the Native? make the fined Stockings and Women's Gloves lever faw. Wax, and Honey, the laft being of a fuperior QuaUty to what comes from the other Parts, is greatly efteeined, end was the Motive for giving the Ifland its Latin Name of Mdita, 0/ tAe CoMM^RCZ of A S 1 A. TH I S is one of the largeft and richeft Parts of the World, whofe Northern Boundary is the Scythian Ocean, or the Sea of Tartary, its Eaftern the Ori- ental Occ3S\, mt Indian Sea to the South, and to the Weft ward, the Red Sea, the Ifthmus of Suez, the Mediterranni-m , the Canal of the Black Sea, the Pont- Euxin, the Sea of Zabache, the Don, and the Oby j being from Eaft to Weft about feventecn hundred and fifty Leagues, and from North to South near fifteen hundred and fifty. Mary Natioi." of this vaft Continent, efpecially thofe who live in the Middle of it, and thofe of the Northern Ocean, are very little known to us, and if we except the Ruffians, who polTefs a Portion, and whofe Caravans, iince the Reign of the Czar Peter Alexowitz, have regularly departed every Year from Teterjburgh to China, and traverfefome Part of it, it may be faid, that the Eti- rfHeans have no Trade there, and have only uncertain and fabulous Accounts of thefe Countries. Though it is not fo with Rcfpcft to the Southern and Eaftcrn Coafts of ^f//,;, of which 1 ftiall now briefly fpeak, as they follow, from Mocha, the richeft and moft trading City of yJraiia-Felix, to China, where the Europeans generally ter- minate their Voyages and commercial Enterprizes ; refcrving neverthelefs, the Liberty to make fome Excuriions within Land, particularly for what regards the Trade of Perjia, the Empire of the Grand Mogul, that of China, the Kingdom of Siam, and fome others ; which, however, I fliall touch on with the utmoft Brevity. Afterwards I fhall run over that great Number of Iflcs lying in the Eaft, whofe Commerce in Spice, and other precious Commodities, is rendered fo famous, and annually attradts fo great a Number of Ships, as well from all the European as Indian Nations. With Reff 'd to the Eaftern Coafts ol AJia, which are waflied by the Medi- terranean, Black Sea, and the Archipelago, I fliall 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 Conjian- tinople, Cajf'a, Al-ppj, &c. is treated of. I fliall, therefore, begin this Traflick oi Afia with the Cities o{ Arabia-Felix, feated on the Red Sea, or in the Ocean, near its Mouth ; as Mecca, Mocha, Aden, and fome others ; and afterwards enter the Gulfs of Ormus and Bajfora ; where we find Bajbra, Ormus, Cameron, or Bender- Abajfi, dependent on the Empire of Perjia, which we fhall vifit even to its Capital. The Coafts oi India, 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 Amedabaih, Cambaye, Sural, Daman, ice. After them Bengal, Decan, of which Goa is the Capital, Malabar, of which the chief Cities for Trade are Calicut, Cranganor, and Cochin, the Coaft of Coromandel, which has Narjinga and St. Thomas, the Kingdom of Golconda, thofe of Pegu, Siam, and Tanajerim. In Fine, Malacca, Cochinchina, Tonquin, and China, with which I fliall finlfli the Trade of this vaft Continent. The AJiatick lues, whofe Trade I here propofe to treat of, are the Maldives, whiclj firft prefcnt themfelves in the diredt Route from Europe to the famous Cap" Comorin j thofe of Celen and Maynar, which almoft touch the Cape. The three Ifles of the Sund, viz. Sumatra, in which is the Kingdom of Achen, and leveraL others, Java, fo celebrated for that of Bantam, and yet more for the famous City of Batavia, and the Ifle of Borneo. The Philippines, called the Manilles. The Moluccas, fo fruitful in Spice. The Ladrones, which are in the Track from America to India by the South Seas, and the Ifles of Japan, or Japan, O F A S I A. yapan, from whence all European Nations are excluded except the Dutch. And ns I have already occafionally mentioned Ibmething of the Eajl-India Trade, I ftiall avoid repeating it here, but only now add, what I before omitted con- cerning it. And previous to my Entrance on this propofed Detail, I fliall fpeak a Word concerning Bur/a, which was omitted in the Article of the Levant Trade. Burfa, which is the Capital of the ancient Pithyniu, is ftill one of thefinefl: and largeft Cities in the Grand Signow's Dc ninions, feated on the Sea of Mar- mora in Natalia. Its Caravanferas, or Inns, are vaft and commodious, and Its Bezcjlan, with its rich Shops, refembles the Saloons of a Palace, by the Quantity of Merchants, and Goods exhibited to view there. Tlie moft able Workmen of all Turkey are at Burfa -, its Manufadures of Silk Stuffs arc admirable; but its Carpets and Tapeftry, worked on Deiigns fent from France and ftaly, are above all eftcemed. Silk is gathered here in Abundance, and of the beft Quality that the Eftates of the Grand Signor produce ; here is alfo fome Gum Adragant, which is collected at Caraijj'ai, or Chateau Noir, about four Days' Journey from this City. Tie Trade of Ara&i A. THIS Part ot Afia has at leaft thirteen thoufand Leagues of Circuit, and is divided into Arabia Defrta, Arabia Pctrcea, and Arabia Felix ; this luft which is almoft as big as the other two, and which it alfo furpafl*es in Riches and Number of Inhabitants, is belides diftinguifhed for its Commerce, which is one of the mod confiderablc in all the Eaft. Its chief Cities, and thofe moft noted for Trade zk Mocha, Hidedan, Chirhiri, Zibet, and Zideu on the Red Sea ; Aden, Fartack, and Mafcate, on the Ocean, or Arabian Sea j Bahr, Barhem, and El- Catif, in the Gulf of Bajfora ; in Fine, Bajfora at the Bottom of this Gulf; but as this laft is m Arabia Dferta, I (hall defcribe 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 alfo rendered famous for the unmenfe Riches annually brought here by five Caravans, partly through the Devotion of Pilgrims, and partly by the Merc!iints for Trade; but the Entrance into thefe two Cities being prohibited on Pain of Death to any Chriftian, and the Europeans confe- quently having no Commerce here, I /hall content myfelf with informing my Reader, that the Bufinefs which the Mujfulmen Nations of India Sind Africk curry on here is by Ziden ; tiiis being properly the Port of Mecca, although it is at leaft twenty-tivc Leagues diftant; and hy Mocha, which ferves as its Storehoufe, or Staple. MoeL-a, fituated at the Entrance of the Red Sea, in thirteen Degrees eighteen Minutes of North Latitude, is at prefcnt 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 oi Europe, Ajia, or Africa, who do not fend Ships to Mocha ; the Englifi and Dutch generally fend their's here, from the Places in India where they are fettled, as the French did when tlicir Comm.erce was moft flourifhing, but they now go there diredtly. The other Vcilcls brought here by every Monfoon, which are often fifty or more in Number, conmionly come from Goa, Diu, Touvel, Dabul, Goga, Calicut, Acben, MifuHpatam, Ncvega, Fromiens, Cadts, Mojambique, Melinda, and Ethio- pia, ail laden with the richeft Produds of the Places from wlience they fail, or that their Freigliters have collected from the moft remote Parts of the Eaft, as from Cljina and Japan ; belides which Maritime Trade, a very great and rich one is carried on by Land, by Means of the Caravans from Aleppo and Suez, that arrive in the Month of March. They are commonly two Months on their Journey, and generally join on entering Arabia, making Part of thofe that con- dud the Pilgrims to Mecca and Medina, but which, till then, are only compofed of Merchants and Goods. About a thoufand Camels ferve to tranfport thefe Merchandize, Eatables,- and other NecelTaries for the Merchants, and the Troops, which go as an Efcorte to 9 P defend 789 m " / ' I ;U ; , ■ I. '• 1 ;l •': : ,.; !'lf H :,■>' 790 GENERAL COMMERCE OF THE WORLD. defend them againft the Arabs j and thcfit Caravans arc eltccmed but indilr'ereinly rich, if they carry lefs in ready Money tlian two hundred tlwuiand Dollars, and a hundred thouliind Ducats of Gold, cither Ilu/i^.nu/i; I'l-iidian, or ilLorif/j -, and this is only to be underftood of what is entered at the Cudoni-houlc, there being always near as much more unregiflercd, and carried by Stcaltli, to fave the Duties, which are very confiderable. The Goods which thefc Caravans convey are Velvet, Saftins, Armofins, Gold, Levunt Stuffs, C\uulets, Cloths, Saffron, Quickfilver, Vermillion, and Merceries, from Nunmburg. Tlie Royal Ship, laden yearly for the Grand Signor's Account, from Suez, bnny;s alio the fome Commodities as the Caravans, with the Addition of Ibinc Mufcovy Hides, Pewter, Fonwa, a Drug to dye Scarlet, and about four hundred tlxiufand Dol- Jars, though but fifty thoufand Ducats, The Goods which the Caravans, Royal Ship, and other foreign Vcfills lade at Mocha, in Return for thofe brought here, arc partly the Frududs and Manufac- tures oi Arabia, and partly what have been introduced by Ships from India, Africa, and Europe. The Arabians furnifti but little towards this Commerce of their own Manutaftwes, as they have only fome Cotton Clotli, and tliis l)uc coarfe ; though, in Recom pence of die faid Defed, their Growths fupply many valuable Commodities, as Incenfc, Myrrh, and Ambergris, Aloes, IJalm, Callia, Dragon's Blood, Gum Arabick, Coral, and a Quantity of Flants, both medicinal and odoriferous, precious Stones, elpecially Baharem Pearls, but above all, Coffee, which, befides being of the beft Quality, is fo plenty as to lade many Ships with it yearly, of which this Port is generally full from all Parts, anil under all Colours, as from Siurut, Cambaye, Diu, Malabar, and all Places in India ; here are alfo VelTels of Cajfen, Socotra, Mafcate, and all the Gulf of Pcr/.'a ; and of the Europeans, Etiglijh, French, Dutch, Danes, and Pcrtuguefc; and bclides t!ic Merchants of the above-mentioned Nations, this is the Rendezvous of many from Rarbary, Egypt, Turkey, and all Arabia, and may properly be termed a general Magazine, where the Merchandizes of an univerlal Trade arc depollted. Aden formcily enjoyed all the Advantages in Trade that Mocha now does, by a Transfer from the other } and is the only Port that the Grand Signer has upon the Ocean ; its Situation near the Mouth of the Red Sea renders it a Harbou. com- mon to both, which ftill attradts a confiderable Trade from the yJrabiam, Per/ians, and Indians, as it fome Time ago did from the Dutch, till their own Plantations of Cortee proved almoft fufficient to fupply their Demands, and confequently flackcned their Intertourfe with other Nations for it. Chichiri, or Chiriri, is fcated higher than Aden in the Per/ian Gulf, and i.'S the firft City in Arabia Felix, where the Dutch uled to Trade before tiieir corre- fponding with Aden. This City has an Emir, or Arabian Sultan for its Sovereign, althougli tribu- tary to the -Turks, to whom he pays annually four thoufand Dollars, and twenty Pounds of Ambergris. The Velfels from India, Perjia, Ethiopia, and the Illands of Comorre, Madagafcar, and Melinda, are thofe that moftly frequent this Place, whofe Imports and Exports being fmiilar to thofe of Aden, a Repetition of tiieni here is fuperfluous. Mafcate is a City in Arabia Felix, fituated to the Wcftward of Mogol in the Gulf of Pfr/(tf, in the Latitude of twenty-three Degrees thirty Minutes North, diredly under the Tropick of Cancer, and is a Place of greater Trade than any other near the Gulf of Ormus. The Pearl Fifliery hard by the Ifle of Baha- rani, in the Months of June, July, and Augujl, is alone capable of enriching the City greatly ; but befides this, it has the Advantage of being a Depofitary of all the Drugs, and Merchandize oi Arabia, tranfported from hence to Perji.i, Egypt, Syria, the Indies, and even to Europe. Cajfen has its Ports open and expofed to an Eaft Wind, though rtieltcrcd from tlie Wert ; its Trade is but inconliderable, and this under the King's immediate Direction ; fome Veliels come here with Rice, Dates, and a Sort of Clothing made of Hair in Perjia, which Goods are exchanged for Oliban, Aloes, and But- ter j and the propercft Time for this Commerce is in the Months oiMay, fum; and July. ' . Ser i OF ASIA. Ser; the Trade of^hi's City^ not far from thclaftmcntioind, is very confidcra- blc; its Inhabitants arc friendly to Strangers, iind its Port i»cing i very good one, attradls the Ships from fevcral Parts, cfpeciilly from M,i/,:,i{-; Cairj/i, Sural, Galla, and other Places on the Coaft of Ethiopia ; the iVIcrcb.HiJizes exported from hence are Butter, Myrrh, Slaves, Oliban, Aloes, and other Drags that Arabia produces. Mofeck, diftant from Mocfja about ten Leagues, has loft its Trade by the Proxi- mity, and now hardly deals in any Thing but Salt. Hodecda, is an Iflc in the Latitude of fourteen Degrees fifty Minutes, that h;.9 ? Creek proper for the ConArudtion of Ships, and a fccure Port ; thtfc Advan- tages draw a tolerable good Trade here, particularly in Coffee, brought front Ziiida, Mocha, and other Parts. Gczeon ; the Pearl Fiflicry renders this Place famous, and its Trade flourifliing, of which the Bantam have the Diredion, with very conlidcrable Profits. Ferjham is an Ifland about three Leagues difta\it from Gez on, which, bcfidcs the Pearl Fifliery, has a great Trade in Wheat, with which it fupplies all Parts of Arabia . Judda, or Zidden ; this is properly* as his been before obferved, the Port to Mecca ; its Trade confifts chiefly in Coffee brought here by the Arabian:, and bought by the Turks, who take it off, almoft all ; though here arc alio Merchants of Mogul, Perjia, and fevcral Places on the Coalls of Ethiopia, Of the Trade of the Gulf j/" Persia. THIS Gulf, called alfo the Gulf of Ormus, from the Illeof 0/w«x, a very little Diftance from its Entrance, GvMoi BaJJ'ora, from a City of this Name in Arabia Dcjcrta, :'.t its other Extremity, and the Gulf of El-Catif, from a Kingdom in yhahia Felix, extending along the Coaft, oppofite to that of Perfia, is equally celebrated for its Pearl Filhery, near the Iflc of Babarem, as for its great Commerce with all the Oriental and European Nations, who fend their Ships either to Bender- Abajji, or Bajjara. The Cily and Ifle of Ormus, although quite fallen fronp its former Luftre, and entirely deftroyed by Order of Cha-Abas, after his ret? ting them from the Portugueje, merit however to be mentioned, as due to .he Memory of what they once wtre, and tlie Rank they for a long Time mai it lined among the moft trading Ifles and Cities of Ajia. This lile, feated in the Perfian Gulf, pretty near its ?//outh, and two Leagues from the Coaft oi Perjia, has little rnorc than twenty Leagues Extent; yet it bore for a confid'rable Time the Title of a Kingdom, with its own Monarchs, Tri- butaries however to the King of Perjia. The Portugut'fe, who judged '.his Port neceffary to their infant Commerce in the Indies, tooli it in 1507, and hereby ftiut up the Entrance to Perjia againft all other Nations, as no Pcrfon was henceforward permitted to traffick there without their Paffport, or under their Colours j and whilft they, of all the Eu- ropeans, remained Mafters cf the Indian Trade and Navigation, the Perjians did not find themlelves in a Condition to ftiakeoft" this Yoke, which thefc new Comers had put on tjnc of the moft famous Empires oi Ajia. But the Dutch, hav- ing followed tiie Pori'-guefe to India in the latter End of the fixteenth Centurj', and the Englijb at the Beginning of the feventeenth, the Emperor Cha-Abas availed hiriifclfof the Afliftance of thefe latter, to drive the Enemies from their Ifle, which they were obliged to furrender in 1622, having .'rfv, as they pre- tend, at its Taking, more than fix or fevcn Millions in Merchandize, and other Effcfts. * Cameron, Gamron, or Gambrown, the Port of all Perjia, and perhaps of all Ajia, where the greatcft Trade is tranfadted, was quite difrcgarded, till the Por» tuguefe were driven out oi Ormus ; as before that Occurrence, this wa» only a final! Village with about fifty miferable Huts, where the Portuguefe, however, kept twenty-five or thirty armed Barks, on Account of the Goodnefs of its Port, and to maintain their own Commerce, and hinder that of others. 6 Cba- 79^ v\y ^ ■\V0 \ I M ill i -ffgt GFNERAL COMMERCE OF tllE WORLD. C/.ii:-yliat lortificd the Port, .uid began to builil the City, uiv\ hy PrivII(;i/r» and Immunities drew Trade here, changing its Name, and calling it after his ;//j Silver, a large Quantity of Cloth, Pewter, SteeF, Indigo, Silk Stuffs, and the fineft and mofl: beautiful Indian Cottons. The Dutch Cargoes confift of Span t/Jj Dollars, and RixdoIIars, Go'-J;, that they receive from Europe, and what they collcdt from their dilFerent Settlements in India, but above all, Spices, with which they fupply all Pir//V/ ; Siampan, Anis, Arxi Santal Wootfs, Cinger, Indigo, Vermillion, Ificcnfe, Benzoin, Quicklilver, Lead, Pewter, Copper, coloured Cloths and Linens. The Indian, Arai'ian, and Moorijh Vell«;ls are laden with the Proiiufts and Manufiidlures of their Countries, and the Goods that come by the Caravans, con- fifl of various Gold and Silver Stuff's, Velvets, Taffeties, Porcelaine, Feathers, Mt- r^tvo Leather, Wool, lirocadcs. Carpets, Turkey Camlets, and oth°r ilighfer.oncs from Arabia, Medicinal Drugs, Dragon's Blood, Manna, Myrrh, Inccnfe, Railins, Dates, liarcun Horfes, but particularly raw Silk, which is the grcatcil Article in the Perjian Trade; here arealfo found Turquoifes, and Pearls, of which latter I Hiall have Occalion to ipeak more hereafter. All N.^tions trailing to Gamron, have their Houles and Magazines here; thole of the Engii/?j, I'rer.ck, And Dutch, having more tlie Aii of Palaces than Mer- chanto' Offices and Habitations, r.nd arc feated along the Sea Side, which is very convenient for the lading and delivering their Ships, as they arrive. Pcrjia has ftill ibrne other Ports in its Gulf, but much Icfs confiderable than Bender- Abijii, which has attracteil almoft all the Commerce of thele Parts. Congre, orasfome cAWx. liendcr-Cwgo, or Bender- Erric, is alfo in ibnie Re- putation, and Strangers lend their (liips, or condudt their Caravans hercj the chief i'rade is hov/cvtr in Pearls, and Boles for dying and paititing Green and Red, which art gathered from little Hills of thcfe Colours, in a Mountain a few Leagues from the (Jity, called by the Natives Chiumpa. Baharcm, is an Illand in the Perjian Gulf, ibated over againft the Coafl of Arabia fiom which it is but a little diftant, belonging to the King of Pir/zi;. The Soil is fertile, and produces plenty of Fruit, particularly Dales, though the Water Ivas fo bad a Talle that Strangers cannot ufe it, and the Divers who fre- quent this Place are obliged to -leek it ellewhere. It is not the Fertility of t^e Ille, nor tlie Trade carried on here, that render it fo famous in all the Haft, and oblige the Peijians to have a Citadel, aiid to keep a Garrifon of three hun- dred .Men here; but the Pearl Fifhery, which is near it, produces at lealt a Mil- lion yea.iy. This Fillicry begins with June, and ends with September, in which Pearls of a large Size are ibmetimes taken, even to the Weight of fifty Grains, though in common from ten to twelve ; and thofe that exceed this, ought to be feparatcd for the King, though herein he has not always Julticedone him. Bajjora, or Baljora, is fituated on a River named by the Arabians Schat-el- Arab, which is formed by the Union of the Euphrates and Tigris, that join a good lif o A S I A. poA Day's Journey almvc tliis City, ami fo uiiital cminy tlicmfclvc^, into thd /'.r/.wCJnIt', Twelve Lta;;iics lulovv it. This plaic ii. inM, and of ^ijrcatcr Trade tlian aTiy one in ./h\i/)i,i Drjirtii, and its Polldnon having been for a lont; Time uirpiitcd liy thu Arnrums, Pajians, and Turk), thcfc latter remained Maftcrs of it. liiilforit, lik« Beiuicf-AiiilJi, gained confidcrably by the Dertrilftion of Or/ww, ■x\\\ hcr'j arc now k^w Ship-; from all I'arts of Ajia, and Eur'tpf, and cfpccially ainoiii,' tliele lall, the En^lijh and Dutch make a confidcrablc Figure, they having thtir Kaiitories here, to tranfadt their Bufuiefs, and Difpatch their Letters by Land, vhii-h is done by the \\:\y oi Damas and Aleppo. The PortugueJ'e ^\(o have a .A.tlenient iiere, tliouj^h to Very little I'urpofc. Alniolt all the Traile palles throUgh the Hands of Tndiam, Verjians, and ylr~ wvoiis. Thfi Caravan of Bt)[lora is cnc of thofe that carries to Bender- Abaji a Part of thole rich Ciooda, with which that Trade is fupported; And the fame Caravan brings back, on its Return, the Produds o( India, China, Japan, and Eu~ r:p(', of which llendir is, as has been before obfcrvcdj a Depofitary, Staple, or btoichoufc for Pirjia, and the three jirablas. UiMidcs this Commerce with Hcndcr-AbaJ/i, and that which Paffora maintains on tile Sea Coail with the Indians, Moors, and Europeans, whofe Ships arrive here every Moufl'on, this City has alfo a very confiderable one with Bagdat, which is not at a great DilVance, and is conimodioully I'eatcd for a Tranfportation of its Commodities by the Tigris; and the fame with Aleppo, and the Rell of the Ot- toman limpirc in AJia, from whence Caravans let out, and a Part of them always deftincd lor BaJ/bra. Wc might alfo place in the Number of thofe Things that render this Trade flouriftiing, the palfing here of the Perjians, in their Pilgrimage to Mecca, who commonly take this Route, and not only pay 'irgc Duties to the Turkijh BaO-^rt', but alfo exchange or fell a Quantity of Go< ds nere, which they bring in their httla Caravans going and coming. Of the inland Commerce o/' Per si a, and the States dependent on it. /COMMERCE is regarded as an honourable Profefllon in Piv-^j, where the ^ Name of a Merchant is efteemed a Sort of Title of Diftindion, and fome- thing refpeftablej the Noblemen, and even the fovcreign himfelfj do not dif- dain to exercile the Funftion, and to have Warchoufes, Gff; 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 Aflertion of its Trade being one of the moft con- fidcrablc in AJia has nothing furprifing or incredible in it. IJpahan is as the Centre of this Commerce} 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 purchafed for Hiipping. And it is here, where many yearly arrive, botli from within and without the Kingdom, as from Schi- ras, Laor, Aleppo, Bagdat, Herat, Bajfora, and all thofe from the Levant; and there are few Cities, where Trade attradts fo large a Number of Strangers as this; of which the moft confiderable are the Armenians of Zulfa, a Colony which Abas le Grdffiir/)(i//i; or Ihocnrtl, Of all which tilks, it is laid not above a thoiifi" ( Bales arc uieil in the Po/iat: Manufactories, and the Reft fold for Tranfportatioii to Turkey, InJiii, and all Parts of Europe ami ////W. The Manutadtiires of Stuffs in Fit/ih arc on a Footing with tliofo in Europf, excepting Cloths, of which there is no Falirick cft.iMilhtii, and the l',r/hiii i\I.i. nufadurers nwkc of Felt, which they undcrlland the workinj; up, a< well as any People, Ibme Cloaks and common Carpets to cover the fine ones, for whiclj thiy arejufUy fo famous. Avery great Trade is carried on in Prrfia with Cloths from r.urcpc, brought hy the Englijh and Dutch to (ijmron, among which arc likewilc foine F/y>:(>, mor,; clpccially thofc of Berry and UlJeau. The Stuffs the Per/iam moft ( onmionly make in iheir Manufa(f>()rics. arc of Wool, Cotton, (Joats' and Camels' Hair, and above all, Silk, with which tiiey vcrv often mix the three laft Materials. The fpinnin^;, winding, and millinp-, arc fimilar to what is pradtifcd in Fninct' at i^v/// and Toiirs, and the Ptrjiiv.i .iicin- tellii;ent in the Tie of the Dill.ff, Spindle, Reel, and Mills, wliich lervc in t!i? iiMd two Cities, for the Silk's Preparation. The Stuffs they make of pure Silk, are Taffcties, Tabbies, Sattins, Circs ilc Tn;;r ;, Turbans, Kibbons, and Handkerchiefs. They make alfo Hrocadcs, (!old Tili'ucs. and CJold Velvets, of which lall Sort U)nie coft titty 'f'cwins the (rtii'' or Pnjian jiuih which comes to about hvc Pounds Sterling per Enrjijb Yard, and is certain- ly the dearcft in the V\orld. The fineft Perjian Carj^ts are made in tiic I'li vincc of Kirman, cipecially at .S///*;;/ ; and among the Stutfs made of Silk only, tlicre arc many painted with various Deligns, and fome heightened with Ciold and Silver, applied with Moulds and Gum Water, which they underlland fo well performing, as to make them almolt appear true Brocades. The Woollen M an u tinctures, or thofc of Caincls' Hair, are for the moft Part eftablillied at Vcfde, Kirmuii, and Mcngiiay, the Wools of A'/Vmw; be :ng the lincit in the World The Goats' Hair Stuffs are made in tiiriwiiii, and rekinble Bar.i- gons, the fineft coming from Dourai in the Prr/i.i/i (Jult. The other Goods which the Perjians fond abroad bclidcs tiicir Silks and Stuffs, are Porcelaines, Feathers, il/oroa-5 Leather, Cotton Wool, or Thread, Ch.jgrin of all Colours, Tobacco, G.ills, Malts, Bafkcts, Things wrought in Bov, Iron and Steel oi Cajbi/i, and Kcrirliin; Furs, Lapis Lazuli which cuiik-s from the Ulb^'ck!, but of which Per/ia is the Storehoufc, Perfumes, cipecially Ambergris and Mulk both Produdtions Strangers to Per/i.i, but found here in great Abundance, the one brought from India and the Red Sea, and theotlier from T/'/v/. Pearls from the Vcrjian Gulf, Turquoifes all Sorts of Spices brought by the Dutch to HenJcr- yllmj/i. Saffron the belt in the World, particularly that from the Coafts oft'ne Cdjplan Soi, and jimadtin, Allum, Brimftone, diftilled Water of Orange Flowers, Roles, CSC. Glafs, Cryllal, divers Animals' Skins prepared at Schiras, Coffee brought there from Arabia. In fine. Variety of Medicinal Drugs and Gums, which cither grow or arc brought here; and among the produdts of Perjiti, and as Part of her Merchandize, the excellent Wines of Schiras and Te/i/e Ihould not be forgotten, as the Perjians do not confumc the whole thenifelves though the great iVlen here are very much given to Inebriety, notwithftanding the Al- coran's Prohi'oition ; but they are tranfportcd annually to a very conliderable \'alue all over Itidojian, and even to China. Pillachocs and Almonds grow plen- tifully in /iy^c, Cajbin, znd Sultania; and of Camels, Horfcs, Mules, and Lambs lar^c Quantities are yearly fent into the Dominious of the (h-aiid Hignor, to In- dojtan, and to other Parts of /f//$ Or' Ceoroia and Minoreiia. SPHERE is hardly i.y Country in all ///A/, more ahundmt in Cattle, wild ■I- ami till nc I'owl, iTiiits, Wines, and indeed all the Ncccflarics of Life, nor whin; ihty are in greater Pi'rtcilHon, tlvin in Ceors^ia. Its Wines, particu- larly tlmK ot 'felt:! its Capit. 1, .irc tranlp'' led to ///•«('///<;, MfMit, and even to Ij^ihtDi, where a (^i.intity ot it i. always iMervcd for the Kim^'s Tahle: Silk is giiliered here in Plenty, hut the i. rgiiins not i;mlcr(landing its Preparation, nor n.iviiij,' h.irdly any Artificers amon;^ thcin to manufadurc it, they carry it among their Neighhours, and drive a great Trade with it at Arzcrcm in Turkey and theri-nlujiits. I'hc Lords in (ii'ir^la hcin;^ Mafters of the Lives and Liliertic; of their Vaffals, as the Fathers are of their ChiKlrcii, made a bad Ulc of their Power, hy felling ni my thoulands of both Sexes yearly tor Slaves, more cfpecially of the I'emales, who lielng all very heautihil, were purcbafed by the 'Turks and Pcrjiiins for their Seraglios; and this inii|uitoiis Commerce was principally carried on by the ylr- Khituiii, The Turis likewife fent out large P&rtks of yant^iirics to fcizc and carry off the Hoys and CJirls early; but fmce the Conqucll of this Country by the valour of Prince lltractius, who has made it independent, the female Gtorguins liive been protedted from this Violence, and prefervC their Liberty and their Chaftity, Mingrf/iti liiKS not trafiick Ids in Slaves than its Neighbour Territor)', as above tv.clve thoufand of thefe unhappy Wretches arc yearly dil'pofed of in this Man- ner, of which above three thouland are purchafcd for Conjlantinoplc. The other M.eichandizes that this Country produces, are Silk, Flax, in Linen and Thread, Linleed, Hides, Martens' Skins, Caftor, Box* Wax and Honey of two Sorts, the one white and the other red, though both cxeellent; it is the Turks of Conjlan- tiw'ple, antl the Merchants of Cn/fa, Gonia, Iri/Ja, and TrebiJbnJf, who carry on this Traile; and it is common to fee twelve Sail yearly from Conjlantinoplc, and mo!< tlian lixty Feluccas from other Farts, which bring here fundry Goods and P -vilion, to truck againft thofe of the Country, as very little or no Money intervenes in thcfc Ncgociations, or any that arc tranfadtcd by the Mingrelians, The Goods proper for this Exchange, are Bracelets, Rings, Glafs, or fmall Necklaces, fmall Knives, Pins, Needles, and other minute Mercery. Erimllonc and Nitre are found near Tejiis, as a folfile Salt is, in fomc Mines in the Road to Erk\in. Olive Oil is very dear, fo that the Natives both eat and burn that of Linfccdj which is all the Vie the Georgiuns make of this Plant, as they throw it away when the Seed is gathered, though they might have excel- lent Flax from it, did they not prefer the Cotton Cloth to Linens. Avogajia, Part of Mingrclia, is abundant in F'lax, Hemp, Pitch, Wax, and Honey, though this laft is commonly better, by Reafon of the Bees gathering it fiom the Box and Yews that grow here in Plenty. Vermilion is found in an almoft inacceiriblo Rock; and it is in feveral Parts o^ this Province, that the trufj Rhapontick is met with, which many take for Rhubarb, and what dtlhonefl Druggifls fell for it. !■ ! i 1 % m 'I'M if O/' A R M E N I A. 'T*HIS Kingdom, after many Revolutions, was at laft fubjefted by the Turk ■*■ and Pcrjian; and as I have already treated of that Part belonging to the Schah, I (hall now fpcak of the other under the Dominion of the Grand Signor, or at leaft of the two principal Cities, which fcem to have divided the Trade of all the Reft of the Kingdom between them. Erzerum, or Erzeron, Capital of the Part of TurkiJI} Armenia, is a City of very confidcrable Tra^c, eonfifting chiefly of Copper Plates, Dilhcs, (^c. Furs, Galls, Caviar, and Madder. The Englijh drive a great Trade here, and have a Conful, who lives in a very handfome Manner. Tccat is the lecond City in Turkijh Armenia for Trade, and is regarded as the Centre of it for Ajia Minor, where Caravans are ijicellantly arriving or depart- 3 ingi ^';:;t i':J!:|- li li 756 GENERAL COMMERCE OF THE WORLD. ing; thofe of Diarbequis are eighteen Days coming here, and thofe from Erzi* rum but fifteen. Thofe from hence to Sinope are but fix Days going, and thofe from Bur/a twenty. The Caravans that go direftly to Smyrna, without pafling by Angora, or Bur/a, are twenty-feven Days on the Road if with Mules, but forty if Camels are the Bearers ; in fine, here are Caravans that go only to Angora. The great Trade of this City confifts in Utenfils of Copper, as Kettles, Cupj, Candlefticks, and Lanterns, which the Artifans here work very neatly, and thefe Commodities are fent to Confiantinoplc and Egypt; the Copper they make Ufc of comes from the Mines of Gumijcana, three Days' Journey from Treblfonde, and from that at Cajiamboul, ten Days' Travel from 'Tocat towards Angora, Heit is prepared a Quantity of yellow Morocco Leather, which is carried to Sam/on on the Black Sea, and from tlience to Calas, a Port of Valachia, wiiere are alfo fent fome red ones; but thefe the Merchants of Tocat procure from Diarbcck and Caramania. Painted Linens are alfo a great Objedt of Trade here; and aU tliough they are not fo handlbinc as thole of Perjia, yet the MuJ'covites and Crim ^Tartars, for whom they are defigned, are contented with them ; and the Com- merce of Silk is not inconfiderable here, tliough that of the Cirowth of the Plate is all worked up here in ilight Silk Stufft., fewing Silk and Buttons. Of the Commerce of Great Tartary. THE 'Tartan are at prefent Mafters of a third Part of Afia, and their Coun- try, commonly, called Great Tartary, to dillinguifh it from the Leffcr, which is in Europe, is fituated between feventy-rive and an hundred and fifty De- grees of Longitude, and from thirty-eight to fifty two Degrees of North Latitude ; thefe People now poflefs all the North of Afia, and are at prefent divided into three different Nations, viz. the Tartars, prop'-'ly fo called, the Culmoiicks, and the Moungales; for though all thofe Pagans tiiat are difperfed about Siberia, are without Doubt defcended from tlie Tartars, yet they are not now confidered as & Part of them, but regarded as a favage People. The Tartars, particularly fo named, inhabit the Wcftern Parts towards the Cafpian Sea, and are all Mahome- tans : The Calmoucks are in the Middle of Great Tartary ; and the Moungalei near the Oriental Sea, but both are Idolaters. The firft are fubdivided into many Braiiches; snA the Moungales into Tribes, or Branches of Tribes: And Great Tartary does not belong to one Sovereign only, as many have believed, but is pof- fefied by th? 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 fineft Climate in the Univerfe, and of an extra- ordinary Goodnefs and Fertility j but, as it is one of the highelt Trafts of inha- bited Land, it wants Water in many Parts, though walhed ny nine principal Ri- vers, viz. the Amur, Scbingol, Selinga, Jenifca, Amu, Khefell, Jaicks, Irtis, and the Oby, and therefore is only cultivated on their Borders, and this but juft where Ncceffity drives the Inhabitants; for the Calmoucks and Moungales never life any Agriculture, and only live on what their Cattle produces them; and their va- gabond Life "s owing to this Want of Farming, which conftrains them to change their Habitations in Conformity to the Seafons, occupying the Northern Country in the Summer, and the Southern in the Winter. Great Tartary has this Peculiarity, 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 arc only Shrubs, not exceeding a Man's Height; but in Recompence hereof the Mountains furnilh the Natives with a large Quantity of wild Goats, white Bears, black Foxes, Ermines, Sables, and Glut- tons, a flcfhocating Animal a little fmaller than a Wolf, whofe Furs, with Rhu- barb, Ginfeng Roots, Silk, Wc ol, and Mufk, conftitute the Trade of the Nor- thern, Eaftern, and Southern Part of the Country ; but the Tartars, who in- habit the Weft, on the Borders of the Cajpian Sea, regard all Trade as a Matter beneath them, andgloiyin robbing the Merchants who pal's through their Terri- tories, or at leaft exa^ {o on them, as to make them lofe all Deiire of re- turning ameog them; and indeed, all thole Mahometan Tartars live on the Rapine fr."^ OF ASIA. Rapine and Spoil, which tliey pillage from their Neighbours, whether in Peace or War; in which they are very different from the Calmouchs and Moungaks, who, although they are Pagans, live quietly on the Produdts of their Flocks, and offend no one, unlefs they are tiril inolefted : Of thtfc fome have fixed Habita- tions, though others have neither Towns nor Villages, but live in Tents, and wander from one IMace to another, according as the Convcniency of Pafturage invites J and they all fupport themfelvcs by equinine Food, as we do by that of Oxen and Low s, of which latter they rarely eat, but live chiefly on Horle Flefh, and make ufe of Mare's Milk, as the Europeans do of that of their Kinc. The Tartars have fo ftrong a Paflion for the Colour red, that not only their Princes and Ladies, but even the common People, through all the North of AJia, would do more for a Piece of Stuff with this Uye, than for four times the Value in Gold and Silver. The chief City of the Eaftern, or Nicucbeu-Moungaks, is Naun-, that of the Wcftern, or Cukha-Moungales, Argunjkoy, The Kingdom of Tangut. ox Baghar- gar, is divided into two Parts, of which the Southern is properly called Tibet; this Kingdom is now in the Hands of the Calmoucks, and is the peculiar Patri- mony of Dala-Lama, the Sovereign Pontiff of all the fagan Tartars, who by fome has been confounded with l-rtjler-Jchn, before fpoken of. The Capital of this Kingdom is Barantola, in whofe Neighbourhood is gathered a Quantity of Rhubarb, : ■I 7^8 GENERAL COMMERCE OE THE WORLD. fell their own, if tlicy cannot do better j if they are tired of their Wiver, they fell thcin without any Ceremony, as they do their Duughters, efpccially if they are handfomc. The Horfes of thefc 'Kirtars have but a bad Appearance, being very Icm, not- vithftanding whicli they are inJcflitigable, and may juftly be tc.-mcd the heft Horfes in the World. It muft be acknowledged that Nature has with-held nothing from tliis fine Country, that could render an Abode here agreeable; the Mountains abounding in the richeft Mines, and the Vallies in an admirable Fertility of all Sorts of Fruits and Fulfc. The Meadows are covered with Grafs Man-highj their Rivers full of excellent Fidi; and Wood, fo fcarcc in all the Reft of Great Tartary, grows abundantly in many Places of this Province; but all this is of veiy little Ufe to the T^artar Inhabitants, who are naturally fo flothful, that they rather clioofc to pilfer and fteal,"thanto apply themfelves to cultivate what Nature has offered them fo liberally. Cnrjihi, or Karjcbi, is at prefent one of the beft Cities in the Great Boiicharie; it is large, well-built, and better peopled than any other in the Country ; the adjacent Parts are extremely fertile, and its Inh.abitants carry or a very good Trade to the North of India. Jalagajhn, which ftands almoft in Front, is one of the chief Palliiges by which People enter from the States of Contaifcb into the Great Roucharie. Badagfchan is a very ancient, and extremely ftrong City; it is not large, but well enough biiilt, and populous; its Inhabitants are rich by the Gold, Silver, and Ruby Mines in its neighbouring Mountains; although there is no one who reguliuly works liiefe Mines, thole who live at the Foot of the Mountains do not benefit themfelvee a little by the Grains of Gold and Silver whicli they collcit in the Spring, after the melting Snows have wafhed tlicm from their Beds, by their 't'orrents. Anderab is the moft Southern City of all the Great Boucbarie, feparating the Territories of the Great Mogul and Per/:a from Grand Tartary ; it is by this Place, that whatfoever is brought in, or carried out of their Country, to or from the States of the former, mull necelfarily pafs. And there is in the Neighbour- hood of Anderab rich Lapis Lazuli, with which the Bouchaies carry on a con- fiderable Trade, with the Merchants of India and Perjia. Although Cabul, or Cahoul, depends on the GVtw/ Ms,^///, and not on the C/Jj;r of Batch, it will be a p-cpos to fay ibjncthing here concerning the flourifhing Trade njaintained between the Subjedls of thefc two Princes. Gabul, lituated at the Foot of the southern Mountains which feparatc the Eftates of the Great Mogul from the Grand Boucbarie, is one of the fincft Cities to the North of India; it is large, rich, populous, and becaufe it is confidered as the Key of the Grand Mogul Territories towards Pcrjia, and the Great Boucbarie, is 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, Perjia, and the Grand Boucbarie. The Sub- jeds of the Cban of Balck come here in Throngs with Slaves of both Stxes, and above all, with Tartarian Horfes, of which fo great a Trade is driven in this City, that it is pretended here come yearly more than fixty thonfand. The Neigh- bourhood of Cabul is very fertile, and all that is neccflary for Lite grows here in Abundance, and is very cheap. The City of Boucbara or Buchara is upon a River, whofe Waters are very un- wholclbme, and which difcharges itfelf into the Amu, about forty Leagues from the Ciijptan Sea; it is large, fortified, and well fcatcd lor Trade with Tartary, Perjia, and India; though with all thelc Advantages it carries on but little, being hindered by the extraordinary Impofitions on Foreigners in the Article of Cuftoins. %iamarkuiu. Capital of the Province oi Maurener, is about liiven Days' Journey to the North of Boucbara, and was formerly much more brilliant than now; how- ever, it is large and populous enough ; it is faid that the beft Silk Paper is made here of any in the World, and therefore is much fought after by the OrietUal Nations, ilere is the moft famous Alabometan Academy of Sciences; and its ad- jacent Grounds produce Apples, Pears, Grapes, Melons of an cxquilitc Taftc, and in OP A S I \. in (uch Quantities, that the Empire of the Great 4ogul, and Part of Perjia, art fupplied from hence with them : And indeed this City wants nothing to render it confiderable in Trade, but other Mailers and Neighbours than the Mahometan Tartars. Wardanji, feated to the Weftward of Boucbara, towards the Frontiers of Cha- rajfm, is a tolerable large City, inhabited by the Boucharei, who in peaceable Times trade to Perjia, and in the Country of Charaffhi. Balck is the Capital of the fmalleft, and moft Southern Part of the Grand Bou- (harie, but extremely well cultivated, and fertile; here is gathered a great deal of Silk, which the Inhabitants work up into ?tufF: The UJOecks here are the moft civilized of all the Mabomctar Tanars of the Grand Poucharie; to which the great Commerce they drive with the Perjium and the Subjeds of the Great Mo- gul does not a little contribute. Talcbaii, feated below Z? Silver, and prcciuus Stones are not wanting; and, in fine, all that can render a Place rich and agreeable this Province abundantly poffeiTes. The City of Mejched, or Mejchet, lituated on a little R'vcr which falls into the Kurgan, was once in a very flourifliing Condition, by th : many confiderable Ma- nufadurcs of Gold and Silver Brocades, svith other Si -ifs, fettled here. The Earthen- Warc of this Place was alio very mucii efteemed, bcfides which a great Trade was carried ca hero in tholb beautiiul iilvcr-grey Lamb-ikins with curled Wool, finer than in '\ n 1. ' • i iH'i '^^ im\ /■, «■ n\ \ f J-'H ■M foo GENERAL COMMERCE OF THE WORLD. than Silk itfelf : And it \v;k in every Refjicdl a very rich, rtatcly, anc! populous City, till the VJbeck Tartars plundered a.id left it in a mifcrable forlorn Condition j its adjacent Parts are, however, the moft charming of any in the World, and pro- duce in Abundance all Sorts of exquifitc Fruits and Greens, as its. neighbouring Mountains do Turquoifes, and even Rubies. Herat is at prefent the fineft and lareeft City of all this Province, finceihe Ruin of the lail-mentioned, which was tlie Capital; jt is rich, fliir, and popu- lous, and produces the handfomcft Carpets of all Pcrjia -, here arc alfo made feveral Sorts of valuable Stuffs and Brocades ; and in a Word, this is t!ie Staple of alnioll all the Commerce carried on between Pifrjia and India, as it lies in the Route from Ifpahan to Candabar. AJhahatb is fituated on a CJulf of the Cajpiun Sea, being the Capital of the Pro- vince of that Name, and paffes for one of the fineft Cities in Perjia, as it is large, well-built, rich, and veiy populous. Here are many fine Fabricks of Silk aii.l Woollen Stuffs, more particularly of a Sort of Camlet that is vaftly cftcemcd. The circumjacent Lands are equally agreeable and fertile in every Necciriry of Life, and the neighbouring Mountains are all covered with Forefts of Fruit- Trees. The Gu\f of y>Jlral>at/j is about fifteen Leagues from Eaft to Weft, and four or five from North to South, but is only navigable for fmall \'eflels, becaiUe here is not more than ten or twelve Feet Water at its Entrance to the Ciijyiiin Sc;i, but it is of great Convenience to this City, by Means of the Ccmmunicatioii it has with all the Pcrjian Cities feated on that S«a. MankiJ'dak is a fmall Town in the Country of Charajfm on the Borders of the Cafpian Sea, to the Northward of the Mouth of the Southern Arm of the Amu, and in itfelf is but trifling, as it does not contain at utmoft above feven hundred mifc- rable Cots J but its Port is excellent, and the only one in this Sea ; it is fpiicious, fecure, deep, and if it was in other Hands, would make Trade foon flouriih. U'geiis, the Capital of C/jarnJfm, is fituated in a large Plain, to tlic North of th« River y/wtt, about twenty-five drwrt/v Leagues from the Eaftern Border of the Cafpian Sea. This City was once very confiderable, but fince it became fubjcd to the Tartars, and the Amu, that run at the Foot of its Walls, has token an- cther Courfe, it is fallen greatly to Decay. Turkejlanis about feventy Leagues long, and as many broad, having feveral good Diftri(ils of Land on the Side of the River Jemba, and towards the Mountains which divide this Province from thofc of the Calmoucks j but the Inhabitants make no Advantage 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 aforefaid River, that they may be within Reach of benefiting themfelvcs by any Occaiions that fliall offer for Pillage or Plunder ; and they go to fell the Slaves they make in thcfe Excurfions either to the Charajjin or Grand Boucharic, where they always find Perjian or Armenian, and fometinies Indian Purchafers. Of the Cafpian Sea. IT is but a little whik fince wc have had any true Knowledge of the Ma- fanderan or Cajpian Sea, which the Perjians call Kuyiim. It is beyond Dil- putc the greateft Lake in the Univcrfc, being fituated between thc'thirty-fevcntli and forty-feventh Degrees of Latitude, and the feventy-feventh and eighty-third Degrees of Longitude ; its Waters are extremely fait, except towards its Shores, where they are freflicned by the Rivers running in, and it abounds with Stur- geons, Salmons, Salmon Trout, (Sc. all which Fi(h come in the Spring to leek the Mouths of the frclh Water Rivers j and it is incredible what a Quantity are yearly token at this Seafon ; here are alfo Carp and Bream, which is f )me- thing particular in a Sea, whole Water is naturally fait j and here is alio the White Fill), called by the RuJJians Bielluga, which is peculiar to this and the Black Sea ; and for this Reafon feme pretend that thefe two Seas have a fubter- raneous Communication. All thef« borts of Fifli are much larger and fatter than cllewhere, efpetially the White Filh, which have been taken twenty Feet loiigi they have fome Rclcmblancc to a Pike, with the Tafte of a Sturgeon. The OF ASIA. The Ca/pian has neither Flux nor Reflux ] and the only Port Is Baiu- in the Province of Schivan, on all its Weftcrn Coaft, and this folely for fmall VcfTcls i though there is a good Road at Terki, where the Veffels ride in Safety, between the Ide of Zezen and the Land. On the Eaftern Coaft is the Port of Mankifchlak in the Chorajfan, which is excellent, and the only one found ia this Sea ; but being unhappily in the Hands of the 'I'artan, with all this Eafleru Coaft, it is of very little Ufe. Of the CosAcKs, Of Cosaqjtes. TH E CoFjcis are now divided into three Branches, and the JtuJJidns, on whom they depend, call their Country the Ukraine, which is in that Language, fcaied on the Frontiers, beciufe it effeftually makes a Frontier between Ruffian Poland, Little Tartary, and turkey, being to the Weft ward of the Borijihenes, As this Country is an entire Plain interfperfed with fine Rivers, and agreeablo Forefts, it muft be fuppofed to be extremely fruitful ; as it is in Eftect, and pro- duces all Sorts of Grain and Pulfe, Tobacco, Wax, and Honey in fuch Abun- dance, that it fupplies a great Part of Ruffia with it. The Pafturage here is fo excellent, that the Cattle furpafs all others of Europe m Size; ine Mujcovite Beef that I have feen, has always been very fmall, though I think fatter, and fupe- rior in Quality to any other. The Rivers arc ftocked with excellent Fifh, 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 Rujian 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 live at the Expence of others, whenever Occafions prefent. The Cofacks of the River Jaicks took Pofleflion of its Southern Border, when the Tartarian Power began to decline there ; and when the Ruffians feized the Kingdom di Ajlracan, 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 Riijjia 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 Fifli ; and it is ailertcd, that in the Spring, fo great a Quantity come here from the Cajpian Sea, to feek frefli Water, as almoft to flop its Courfe, and may be taken with the bare Hand, with the Roes of which prodigious Shoals, caught in this P^iver and Neighbourhood, fo mikh Caviar is made and exported to all Europe. TheTartars of Nagai fubfift by their Hunting, Fifliing, and Cattle, being fubjeft to the Ruffians ever fince their taking the Kingdom of AJlracan, which the others pofleffed before j the Capital of the fame Name is feated on the Fron- tiers of Ajia and Europe, and by this convenient Situation invites a large NumLcr oi Armenians, Indians, Perfans, Mahometans, Tartars, Calmoucks, Georgians, and Mufcavites, to form a confiderable Trade here. The Folga is one of the largeft Rivers in the World, and traverfes almoft all Ruffia; it abounds with all Sorts of Fifti, and its Bor;.c<-8 fpontaneoufly produce moft Species of Pulfe and Herbs without any Labour or Cultivation. The Calmoucks are Part of the Pagan Tartars, defctnded from the Mogou/es, and defirous of being ftill called fo ; they inhabit the fineft and moft confide- rable Part of Tartary. The bcft Iron of all Ruffia, and it is probable of the whole World, known in that Country by the Name of Siberian Iron, comes from the Mountains of Aigles, that feparate Rufi'a from Siberia ; which Metal is melted and wrought with 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, and are harmlefs and inodcnllve, if not molefted, as has been before obferved. The Oby and Orny 9 S large 80 1 ♦■«.. f'ii-iii ^ I ' M h>\ 1 1 ; t ' i ■ j '1 1 1 i J hit 1 1 ' i i H*f i' '^l, il \i iL ii a k fl 8o2 GENERAL COMMERCE OF THE WOIiLn. large Rivers in this Country, are full of Fifli, at-.d moft of their Boniers very la- tile ill every dcfirable Produdt. Of the general Com/mrcc of the East-Indirs. THE Eajl-Indies commence where the Kingdom of Pcrjin eiuls, heing I'e* parated from it hy a long Chain of Mountains, and the River Indus, whole Name they have taken, and which on iduing from Mount "Taurus, where it rifes, takes its Courfe towards the Northern Parts of India, as the Ganges, wliich flows from the fame Mountain, does towards tlie South, both falling at laft into the Indian Ocean ; the firft into the Gulf hearing its Name, and the otlier into that called Bengal. This vaft Region of ^Jia is called tlie Eajl-Indics, from its advanced 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 JVe/t-Indies, on Account of its lying more Weft than any otiicr Diftridt of the habitable Globe. Eajl-Ind;a is commonly divided into that on this Side of, and that beyond, the Ganges ; the firfV Part comprehends the Empire of the Great Mogul, the King- doms of Dcran, Narjinga, Canara, the Pefcberie, or Fiftiing Coaft, that of Coro- mandel, Be/nagar, and Orixa. The other includes the Kingdoms of Bengal, Ara- can, Pegu, Siam, Malacca, Camboya, Ciampa, Cocbincbtna, Brama, Jangomea, China, and others lefs confiderable. Both thefe Parts have their Iflcj, though thofe appertaining to that beyond the Ganges, are larger and much more confiderable for their Trade than tlie other, as will be explained hereafter, when their Defcription falls in Courfe ; and I fhall now begin with that of the Great Mogul's Dominions, being the rft that prefcnt themlelves on quitting the Perjian Sea, to enter the Indian Ocean. O/'Indostan, or //6e£/»^/r^o/'//6(? Great Mogul. 'TpHE Empire of this Prince comprehends a vaft Extent of Coafts in x\\tln- ■*• dian Sea, and ftretches very far within Land, fo that he poffefles the greateft Part of the Indian Terra Firma. The Kingdom of Bengal once belonged to him by Conqueft, and of which he ftill retains a Share, though the Moorijh Rajas, or Governors, to whofe Cuftody he truftcd it, have revolted, divided the other Part among themfelves, and there- by deprived the Emperor of one of his richeft Provinces, and the moll conve- nient for Trade j for which he is however in fome St.; indemnified by the So- vereif;nty, which he has always preferved, and by the Acquilition of the Kiiig- doms of Decan, Cacbemir, Breampour, and Maliquo, which he has added to his Dominions. Indojlan is in general fo fertile in all that can contribnte to the Conveniency of Life, that it might very commodioudy pafs without any foreign Trade, and i^-t only comfortably, but very delicioufly fubfift on its own Abundance ; yet the greateft Part of the Inhabitants, particularly thofe called Banians, are 'b addifted 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 to Agra its Capital. The European Traffick with the Moguls Dominions confifts pricipally in Gold and Silver Coin, Leather, Spice, Elephants, iSc. brought here from Japan:, China, Moluccas, and Ceylon; Pewter, Cloths, &c. imported from Europe, and Horfes from the Ufbecks and Perjia. O/'GUSURATE. C\ F all the Kingdoms which compofe Indojlan, there are none that have more j^ confiderable Ports, or where greater Trade is carried on, than this of Gu- furate, called alfo by fome the Kingdom of Cambaye, from one of its molt im- portant Cities, diftingui(hed by the Appellation of the Indian Cairo, This Ter- ritory '!. i ^A OF ASIA. fitory is almoft totally inaritimt, forming a Feninfulu, that ftretches out btftwecrt the Gulfs of India and Cambaye, containing more than an hundred and twenty Leagues of Coaft. It is in this Extent that GMv'jj'f and 5?«-«/ arc fituated j the two Citicj, efpfe- cially the laft, the moft celebrated in India, for tlie Trade which the Europeans carry on there, or that the native Merchants maintain from Java, Sumatra, Xotht Levant, Men, Mocha, z.nA Mecca, on the /^iv/ Sea, and Xo Bender 'AbaJJit in the Perjian Tulf, in Cotton Cloth, Counterpanes, Carpets, embroidered Hang- ings, Rock Cryftal, Oranates, Hyacinths, Amethifts, Tiirquoirjs, choice Drugi, Medicinal Herbs, Dying Woods, Perfumes, excellent Indigo, cultivated and made at jimadabat, the Capital of the Kingdom, and at Sircbes, Camphire, Tobacco^ Brimflone, Turbith, Galanga, Nard, Lapis Lazuli, A/Ta fcetida, I3orax^ Scamony, Benzoin, Pepper, Cummin, Ginger, Mirabolans, Silks of their manufadturing, Corn, Salt, Oil, and Butter, Their Retuins from Aden, arc Gold and Silver Coin, Cord, Ambergris^ Mifleit, a Drug for dying and colouring, and the beft Opium of all the Eaft; From Perjia they extract Brocades, and other Silk Stuffs^ Velvets, Camlets, Pearls* Almonds, Raifins, Nuts, Dates, and particularly Rofe-Water, of which they are very fond, and which they tranfport to many Parts of India. The Europeans, and other Nations, furniHi this and the other Territories of the Great Mogul with Pewter, Vermillion, all Sorts of Cloth, Ivory, Sandal Wood j and there are feen in their Ports and principal Cities, not only Englijh, French, Dutch, and Pcrtuguefe, but alfo Jews, Turks, Perjians, Arabians, and Merchants of all the Cities in India, except Cbinefe anAJaponeJe. I fliall treat of the Trade of all the Cities at large, after I have faid iomething of that of Amadabath, Ca- pital ofthe Kingdom, and fome others within Land. yi'madabath, one of the largeft Cities in the Mogul Empire, Is (cated within eighteen Leagues of Cambaye, and forty-five oi Stoat, on a little River which falls into the Indus. Its Commerce is equally flouriiliing both at home and abroad, fending yearly laigc Caravans to Agra, and tranfporting to Surat, Cat,,- baye, and Brochia, its manufadlured Stuffs, and other Mcichandizes : 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, whofe Inhabitants are almoft employed in working for the Fabricks ; of which the principal ones are of Silk or Cotton, pure or iiiixed with one another, being a Species ol Goods peculiar to the Coun- try, fuch as Tulbandes, AUigias, Attelafles, Baffetas, and Chites ; here are alfo made BrocaHpv/6«, which, though but a fmall Town, has acquired great Reputation by their perfect ordering of this Drug, Sugar Can- dy, and Sugars, all Sorts of Sweetmeats, Cummin, Honey, Lack, Opium, Borax, Gii.^>.r dry and candied, Mirabolans, Saltp(;tre, Sal Ammoniac, Ambergris, Mulk, and Diamonds j but thefe three laft Commodities are brought from abroad, and refcid to foreign Merchants. It is here that the Englijh and Dutch have their Linens ftained, and their Saltpetre refined ; and it is from this City that all the blue Cloths come, which are fent to Perjia, Arabia, to the Kingdom of the AbyJJines, the Red Sea, the Coaft oiMelinda, Mojambique, Mcdaga/car, Java, Sumatra, MacaJJdr, aud the Molucca Iflands. Brochia, a large City in the Kingdom of Gufurate, feated twelve Leagues to the North of Surat, on a River which at eight Leagues Uiftance dilcharges it- Iclf 803 ^^ ■x. f, il : Md '.%: r-. ■t:' .1 I ' t- -i.-is! \i\ 8o4 GENERAL COMMERCE OF THE WORLD. fclf into tlic Sea at two Openings, is reckoned both among the maritimr and inland Cities. Here, and in eighty V'illagcs under its Jurifdiftion, arc made Cotton Cloths, tliat arc always placed among the Number of tlic fincft and mod beauti- ful of all India. The Tadorics which the Englijh and Dutch have here are very ancient, and fome of the firft that thefc two Nations cfbblifhed on this Coaft. Bifiintagar is almod in the Middle of the Kingdom, where a great deal of Cloth and Thread arc made for Tranfportation. And Pettan is celebrated for its Manufadhires, which conflfl in Silk Stuffs, Cotton Cloths, TulbandcF, Allegais, and in fome other fuch like Fabricks, that are alfo made at Amadabath, Brodera, Goga, Chift, Pour, Nariaath, Vajfct, and fome other Places; and it is from them that the Banians extradl Abundance of thofo Commodities, which the European! make a Part of their Ships' Cargoes. CyCAMBAYE. TH E Trade of this City is very confiderable, and only yields to Sural, which it formerly furpaflcd, till the latter had rciped the Advantage of the Decay of that of Goa, and of the Ruin of the Portu^uefe Trade there. It is fcated at the Mouth of the River Carari, at the Bottom of the Gulf, to which it gives Name, fixtcen Leagues from Brachai, and thirty from Surat; the Rnglijli and Dutch have Lodges here, on Acv^-unt of its Proximity to the laft, where their principal Trade of the Grand Mogul's Dominions is tranfadled, and where they have their Faftories fettled, which may be almoft regarded as the fecond in Point of Importance, among thofe they have in India. The Natives of the Place, more efpecially the Banians, addidl themfelves to Trade, and carry on one commonly to Diu, Goa, Cochin, Achtm, Batavia, Ban^ tarn, the Co ..ft of Coromandd, that o{ Bengal, Perjia, and the Red Sea, where they fend their Ships, but generally with Dutch Pilots, hired with a confidcrakle Salary of'the Company; and though the Remifs of thefe Gootls to all the aforefaid Places, is a confiderable Objed of their Commerce, yet it is nothing in Compa- rifon with that which they tranfadt with Strangers, who yearly arrive at Cam- bayc; there being hardly any Nation of India, from whenf-e both Merchants and Ships are not feen here; as alfo from MoJ'ambique, Mdiu^a, Arabia, and the Per/ian Gulf. The Europeans beiides fend here every Monfoon a good many Vcflels, whofe Ladings 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 are very fine Cotton Cloths, in as good Eftecm as thofe from Bengal and Coromandel, Canvas, many Sorts of Silk Stuffs, Tulbandes, Safhes, Carpets, Cloth of Gold, Counterpanes of Silk and Cot- ton, ftitched or embroidered. Quilts, Bed Furniture, &c. Elbow Chairs, Tables, and other Houfehold Stuffs, Indigo, Saltpetre, Borax, Opium, Cummin, Ginger, Rhubarb, Mirabolans, many other excellent Drugs, Sugar, Oil, and Butter, with- out reckoning feveral Sorts of precious Stones, found at Gufurate, or that are brought here from elfewhere. A great many excellent Works in Agate are alfo performed here, which do not in any Manner yield to thole of Europe, either in Beauty or Perfedtion. The major Part of the Merchandizes, of which the Europeans make the greateft Purchafes, are not thofe of which their homeward-bound Cargoes are compofed, but they ferve for Traffick to other Parts of India, to exchange againft various Commodities that may fuit their Owners; and the fame may be faid of Grain, Fruit, Pulfe, as Wheat, Rice, Peas, Beans, Kiffcry, a Sort of a Pea, Millet, Barley, Oranges, Lemons, Citrons, Mangas, and Cacaos, of which the EngUJh and Dutch carry a large Quantity yearly to Places where thefe are wanting, and dif- pofc of them there to great Advantage; and this Remark may ferve tor all that Ihall be faid henceforward concerning the Trade of the Europeans in the Eafi- Indies, i or O F A S I A, 805 Of S U K A T. '"I'ln'RK' is no PliKC in the Mrj^ul's Dominions .ind it may he atldtd Irt -* all the Ii.iliiS, more ctiehnittd lor Trade than this is. It is I'rited on tha River 7''/'/, or Tapta, to which Soi/.i/i, lying fix Leagues from its Mouth, is pro- |cily the I'ort, tlie River being unnavigahle for large Vcirds up to the City, which (liligcs the Merilunts to unlade their CJoods here, and to fend up thofc defigned tor .'/a;/ by Ikrks or VVag;;;)ns. Tiiis City was taken by the Troops ot the }\::r/iib Ed/i-I/ii/ia Company, in the Year 1759, and ItiU continues fubjcft to tlv.it Company . 1 hofc intended for other Parts remain at S:uiiti, in Warehoufcs built with l!oards, which each Nation has here, till Opportunities ofFer for fending tlicm to thiir dtftined Ports. Souti/i is a .'^ort of Encampment upon a Point of Land, or i'tiiinlula, formed by the i-eaand the River's Mouth, which is very commodious lur a Market tofurriilh the Sailors with Refrefliment on their Arrival j thii Camp cciil'iAsonly of (mail Huts, made with Reeds, Bamboes, (jfc. ranged in Form of Streets, during the fine Monfoon, where the Natives plant their little Shops, filled with Fruits, (Sc. to the great Convenience of the new Comers, and to th« IK) linall Profit of the Inhabitants, no Village being near, and the European Companies' Magazines being a League to the North of this Bamboc Towrn, rlie Iloulcs of the Kuropeuns here are fpacious and magnificent, of which th« Ei:['lijl: are thofe who make the beft Figure; and the Goods brought here fof En'Cp'' i'^re Cotton Thre.id, Wool, and Cloth; and of thefe latter arc (hipped both white and Ihiined; many Sorts of Silk Stuffs, plain, (Iriped, Of<-. with and without Silver and CJold, pair ted and printed Linens, raw Silks, Indigo of three tiorts, Carpets of Silk and Wool, others all Silk, with Silver and Gold, Alc:s, Sa. pan Wood, Coft'ec, Maldivian Caurits, fo ncccffary for the Guimui T.-:ide, In- tcnlc, Saltpetre, Horax, Gum Lack, Myrrh, Terra-Merita, Red Bole, Mi. k. Be-. •/oar, and fometinies Ambergris, Pearls, Diamonds, and other lefs precious Stones. The Commodities of this Place fit for the Trade to Mocha, the Coaft of the Red Se.i, and the Arabia Felix, are coarfo Linen, Avhite, blue, and black. Thof? for lie>idi!r-/ltaf/i, and BaJ/hra in the Ptrjian Gulf, white Linens, coarfcand fine, with a lew blue and black. Thofe for Sumatra, and all the Kingdom of Achtm, "Java, and Macajj'are, Linens blue and black, of which many more fine thaij coarlc. lor the i'LHippiiws, all Sorts of Linen, coarfe and fine, white and ftaincd. Carpets, and Silk Stuffs. In Fine, Opium, for the Coails of Malabar, and the other Places in India, from whence the Pepper comes, as there is nothing better to truck againft that Spice. As the gi Kiteit Part of the Merchants, Brokers, and Lidian ManufadVurcrs, are naturally given to cheating in fevcral Ways, the Europeans who deal with them Ihould always be on their Guard, and carefully examine the Q^iality, Weight, Meafure, &f. of every Thing they buy. 1 wo Ships fail yearly from Surat for tlie Conveniency of the Mahometans, who go on i'ilgrimage to Alccca, but they are commonly as much laden with Goods for the Mogul's Account, as the Pilgrims j and their Returns are fo rich as to make Part of the Trade of the Europeans, for the Commodities of Arabia I'c/ix. The Turks of Aden and Mocha alfo fend an annual Ship to Surat, whofe Cargo is for Account of the Grand Signer. And it is at this Place that the Englijh and Dutch commonly make their Ladings for Ferjia, the Red Sea, and Arabia Vclix; and here alfo the Ferjian Merchants embark svith tlieir Goods for the fame Places, on which they make great Profits. Very confulerable Negociations are made from hence and fome other Parts of India, by Way of Exchange, and I (hall therefore mention the Premiums they arc commonly agreed at with this Remark, that they are not fo fixed, but that they occalionally rife and fall, as in Europe. 'The Exchange from Labor to Surat is generally from 7 to y^ pc Cent. ,., . : 9 T From '1,1' I ''!»S,i '* •, '111 .l!i.l| W-^ 'M |i . !■ !| t ■ ! ,f gc6 GF.NrUAI, COMMl-RCr. OF THE WOULD. I'rC'in "fnv.iihiU and .Igni 4 to 5. I'roiii Jriu\!.i!;:ll.> 1 to 1 ', . I'rcin lliHi'ul, I'attui, Ciifiiii/hijlir, and 0«j^//, S to 9. From (lo/io/u/i!, and the ncigliboiiring Parts, 5 to 6. And ibr Gsd, 4 fur Catt. Of A u H A. Bl", Four; I quit llii.- Mj-^uI's Knipire, it is projKT I (lumld take Notltc of this City, wliich is its Capital, and the Centre of its Trade. It is (ituated in 28", on this Side of the Line, on the River Gemiui, or G.v/;";,;, which falls into the Cuiots. The Number of its Meidans, where the pnblick Markets are kept for all Sorts of I'rovifions ; of its covered Bayards, where each Merihant and Artificer luve their Shops and Quarters, of which foine are half a (^larter of a League loii '; and that of its Caravanferas, above eighty in Numjcr, futfices to dcnionllrate both the Greatnefs of its Extent, and the Importance of the Commerce carriL-J on here by Foreigners and its Inhabitants; which is maintained by feveral Cara- vans from ylmaitiibdtij, Hunrf, and other Places, commonly compofed of four or five hundred Camels, and by which Conveyance the En^lijb, Ftr/h/.', Dutch, AToors, "Turks, Arahians, Perjitins, and other Nations fend their Merchandizes to, and icceive others from, this Capital, as may fuit their Hulinefs. IJeildes the lndi;;oul' this City, which is the bell in the World, a large Quan- tity of Silk Sturt'-, and Linens are exported; thcfc latter principally to the Weil ai.d North; and it is here tliat all the Meicliandizes of ihtitau and Tiittury are brought, and vvlierc the Merchants of the interior Parts of Ind'jjian alfo conit. Ditrihiii, Uiifaim, Din, and Chtsu/, arc four maritime Places in the Kiivjfd vn of Giifuraft'; but all four appertaining to the Portugueff, they alfo were Madura of Bomhtiy, between D>:/;iJi, and Cikiml, but yielded it up to the Englilh in the Year 1662, in Favour of ihc Marriage between King Ci'i-ks II. and Catharhir, Infanta of Portugal. It is a very good Port, and as fccure a one as any on the Coaft. Diiimii is fcatcd on the Peninfula, on this Side the Gtviges, and on the Gulf of Ciimh.iyr, tvtween iSKra/ and Pj.i^iiim, from which it is equally dift.'.nt; its Situation, and the Goodnefs of its Fortrefs, as alfo the Importance of the Trade carried on here, makes the Partiigui^fc regard it better than any other Place they have remaining in InJIii, although the liufinefs of Bti^aim hardly yields to rhi«; yet that of br;h the one and the other, as well as of Diu, is confulerably decayed, fince the Euglijh, Dutch, and other Nations of Europe, have brought Sural into llich Reputation; and the Portugur/i' loft, as one may fay, the Lmpirc of InJu, of which they had Polllliion for an Age. D.'u, which has the Reputation of being impregnable, has always been, and ftill is, the ftrongeft Place the Purttigurfe have in thefe Parts ; it was her«; that they formerly kept their Fleets; and it was alfo here that the Moorish Vtliels were vifitcd, and took their PalVports to fecure their Commerce; fo that lliere was no Place from whence the King of Portugal drew a greater Revenue, either by the Cullorn-houfc Duties, or the Produce of the Vifits and Paflports. Of the Trade of Lassa, or Boutan, <;«^ Ciiaoul. ryOUTAN, an Indian Kingdom, bordering on the States of the Grand Mo- ■^ gul, is a Country very little known; thougii there is a Caravan of Mer- chants, who yearly fet out from Patmi, the greateft City of Bengal, at the End of DixcmlhT. The Caravan arrives in eight Days at Gorrochtfour, the laft City of the Mogul, where the Merchants take Provilions for the remaining Part of their Journey; from thence to the Foot of the Naugrocel Mountains, is eight or nine J^ays' painful I'ravel, which Mountains are eight or ten Days getting over; and as they are very rugged, the Inhabitants, who retire here, and are half Sa- vages, tome to ofler themfelves to Pailcngers, for the Carriage of them and their McrtLundizc to the Foot of the Defcent The Provifions and Goods are laden on () F A S I A. on Oxi'i, wlilth c.irry alioiit an IiiiiuircJ and fifty Poiiii.1i W'ci^Iit; anj tin.' ]\fcil ImI's liMtcil on A Sort of Ciilliion, wiiUh tlicll poor IVoplc fix on tlicir Uicks, ,\\k\ tlirtc Women conunonly rilitvc one anotlicr in carrying a M,ui this little Journey; on leaving the Mount.iins there nrc Oxen, Camels, I lories, .iiul even l'.ii,iii(]iiins, for thole who thoole them, wliieh 'I'ravellcrs do not ijuit till tiieir Arrival at Boutaii. A very grc.it Trade in Mulk, is carried on in all the Connf.y of Doiilani and it is here alfo, where the finell: Rhubarb is found; here likewife grows the San n contra P\rniis, or VVurnifi;ed, and the Country abounds greitly in Mar- tens, fo that very fmt: Furs arc to lie procured here, but little CJoId is to be met with in the whole Kingdom; and that which is here is brought from abroad by the Merchants who come to trade. In Regard to Silver, it is believed here are fome Mines, and that it is from the Products of the Country, that the King of Iktitdti (lamps his Coin, which is of the fame Weight and '.'aluc as the koupics, of an odagon Shape, with Charadkrs that are neither Indian nor Cbim'lh rhcir folc Manuf natures arc coarfe Hempen or Cotton Linens, with which they clothe themfelvcs in Summer; and ill made Cloth, hardly better than FcUi ferves for their Winter Clothing. Chtjjul, or Chaul, is a City, as I juft now mentioned, belonging to the Portu- pi,-/-, which on their Arrival, and Ind/nn Conquell, they took from the King of Dcaui; its Trade is very cnnfider.iMe, hut tiuich le(s tlian it has been for- merly; it is, above all, famous for its Silks and Siliicn M.uiufitiurc:;, with which it .ihiicit entirely furnillies Goa, as well as a i;reat I'.ut of l/u!!ii. A great many Cbiint Ships come here, with the Protliich of that Country, and take Spices, whii.h turn to a good Account. The other Fabricks carried on here, are all Sorts of Varnilh after the CVv/ii^' Manner, and divers Works of Lack of all Colours, which nearly approach in Gooduel^ to tiiofeof Chiiui. Here are alfo Plenty of Oxen and Cows ; all Sorts of Fruit, and the other Products of the Earth, «.xcept Grapes, Walnuts, and Chcfnuts. Of the Commerce of the Co'afls of India anJ Malabaj^. npll AT Extent of Coafl:, which runs from the Frontiers of Gufurntc to Cape •*• Comorift, are called the IiiMau Coafts, in wliich are found the Kingdoms of Decnn, Cnncun, Cauara, Malabar, uliich alone contains at leall eight or ten, and among them CanaKor, Calicut, Cranganor, Cochin, Porca or Porcati, CalicQulang and Cou'an. Of all which Coalh the Portuguefe were for a long Time Mailers, it being from hence that they began their Difcoveries and Con- quefts in the Eujl- Indies; as Calicut was the firlt City where they landed, and Cananor the Place where they built their firft Fortification, which was followed by others almoft in every maritime City of thole little States; but when their Affiiirs began to fall into Decay in the Kali:, they abandoned and razed that Part of them which they deemed indefenlible againll the Dutch, who drove them out of the bell, and among them Cochin and Cranganor, which thefe latter took in 1661, the Portuguefe having only been able to five Goa, and a few other ob- feure Places. Decan is the firft Kingdom on this Coaft after that of Gufurate, which for a long Time was a Province of the Mogul Empire, as well as the other, though at prefent it is only tributary. Its Se;i-Ports, where fome Trade is tranfadted, are Giytapour, Rajapour, Carapatar, Dabul, and Sifardan, which confifts in Silk Stutls, and Cotton Cloths fent by Sea to Surat, or what the Inhabitants of Daan tranfport by Land into the Territories of the Mogul, thofe of Golconda, and as far as Coromandel ; 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 bufied all tl.e Forces of the Great Alogul, and the King of Fifapour his M.ifter. It is about twenty Leagues from Goa, and produces Saltpetre, Linens, but above all Pepper, which is guthered Jiere in Abundiince. ^ Balagati 807 '' I. ^ '■I'. •1; " !■ : I ■., • . \y-l\ ::M! :;r.) 8o8 OFiVF.RAl, COMMKRCF. OF TFIl: WORLD. Bii/iigfiU; a Kingdom of J/.'a, on tlie [iJitiri Pcninfuli on tlii); Sii!c the dftyt, makci) a I'art of th-.it of Diain, ami proiluti* a (^laiitily of Silk and Cotron j licrc alio is loiind excellent Lack, as j^ooil as that ((jyVirv, Arctjiic, KiccJ. Iktil, in which the Kureptans drive a cdiilidcrahle Tr.nle. The Diimotuls evtraCtcd duiu that which the foreugu(/f call the old Mine arc very inuclj tnmucd, ci(xti.dl/ thofe to which they have given the Name of Xiv/flx, or dw.irt I'niiits, bi ciuie they are natunilly brilliantcd : Hrre arc allb Amcthyfls, Chrifuiites, and thuiL- Stones which the Lapidaries ciill Hematites. Cuncan, which fi>nic make a Kingdom of itfcif, and others place among the Provinces of Da\in, is noted for fnc City of (io,i fcatcd in it, belides wlnth it has alfo four others, v/'z. l'>jhp-jiir, Siilitipour, Piinimia, zwA (l^'ingurLi, where fomc Trafficic is cllablithed, in all Things liiuilar to that of Decan. Goa is the Capital of what the Portugtitjl' polfcfs in buliii, taken from the King of Decttn'm 1520, hs Alphmjh Albuq'iit'iue, and continued ever finte in their Poflcfilon, as they have always fuccefsfully defended it againll the moll for- midable Powers of this Part of IniUa, and ftill guard it with an extreme j;rt it Jcalouly againft the Entcrprifcs of the Dutch, who having taken from 'hmi almoft all their other Places, found this at lead as convenient for the I'radc of &urat, as all thofe they poifcfs on the Coafts of Indiii ar.d Malabar, Tliis f;i. mous City is fcatcd in hftecn Degrees fix Minutes Latitude, in an Iflc whicli the Rivers Marxhiia and Giiani form at their luitrancc, and is the Rclidence of a Viceroy, who had formerly five large CJovernir.cnts under his Jurifdiiilion, r/.\ thcfc of M,J'ambiqut', MufcUt', Vnriui, Ci'ykn, and Maliucai at prelent his Autho- rity hardly extends beyond Gca, and the Cominerce which the Portugueje cany on to India, is nearly reduced to th;U of this City; and even this is fo triHing, th.it one Merchant tolerable rich, and in Credit, jniijht with one bhip only m.iiii- tain it to I.}Jbon and India. So that Goa no longer fupports its ancient Reputation, the Banians, who for- merly carried on all the Trade, being moved toSuraf, and by theirRetrc.it havini,' compleated the Ruin of that little Commerce which had cfcuped the Entcrprilis of the Dutch, the Cruizes of the Malabar Pirates, and, if one may be permitted to lay fo, the Slothfulnefs and Indolence of the Pffr/«|'wg/t^ them felves; among whom, for a long Time part, have not been found fuch valiant Men, as, under the Games and Albuquerques, had made all AJia to tremble j nor thofe able and enterpriziiig Merchants, who had carried their Commerce as far as the Ardtick Circle. Thofe Traders who ftill remain at Goa, continue to lade (bine Cargoes for Perjia, Pegu, Manillas, and Macao ; but belides that the Ships' Ladings com- monly belong entirely to the Indian Merchants, there is hardly a Portugu.fe ricii enough to purchafe a Cargo of two thouland Pounds' Value, infomuch that in all India they fcarce trade for fifteen thoufand Pounds. Their beft Returns are thofe from Mojainbiqut, although very much diminilhed, either by the Lofs oi MombazeznA Fate, on the ConA oi Melinda to the Arabians, or becaufe the Negroes do not bring Gold or Ambergris here in fuch Quantities as formerly, through Fear of the laid Arabians, who ravage all the neighbouring Country. Th« little Gold wbich the Portuguife 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/. 6d. Sterling. It is commonly believed that what has completed the Ruin oi the Portugtiefe Trade in hJia, which, with the Places they Itill poflcfs 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 confidcrablc in it. There is, however, a Tribunal eilablilhed at Goa, to judge and determine the AtT.iirs of a Company, which for a large Sum obtained ibmc Years ago an exclu- live Ci rant of the Trade from A/o^w^/^wf, Monbaz, Macao, and other Places in India, appertaining to the Crown of Portugal, though I am ignorant how it profpers, and it is to be doubted whether the faid Ailbciation has not done more Harm than Good to this Capital of the Por/afwj/*" in the /k Rice, which produces here two Crops yearly, diftingiiiflieil l»y no Ids than tour different Sorts, of which the firll anil hcli is called dninitc/ii the kcwA Jambucitl ; the third Canacar i and the fourth /'i/i/'<;'v/j each of a different Value, according to its Quality. The other CoMunoditics of this Place are. Powdered Suj^ar, Mirabolans, ;ind Sweetmeat* of all Sorts. Tiie K ice and Sugar are expoi ted by the Ships from Orwwj and tlie Miraholans arc lent to /Vr//;/W j the largell Berry comes from FiJiipAir An ..^: t 8io GF.NKRAl. COM.MI UCI'. 07 THE WORLD. tlic fird Fort tlu'v built in I'irj, Init JilHt \\\\\\ C'-bi,i m 1662; i'mm wlijch Time the Dii.'rfy who thaiits" Teeth, L'aUia, Honey, a;id AinbLrj'.ris, found at CajicC'/wu. rin. Here is foine Trade carried on in Jcvels, n.s CJninitc, S.ippliircs, llyacintiis, Rubies, Topafles, and particulaily a Stone nominated umonu; the iv.ir'jpdins from the I'laccof its Produce, Cananor St(jne, of fomc Ufc in Medicine with the French. It is allerted, tliat upwards of two hundred Velllls come here yearly ; and thouj^h a confiderable Trade is carried on in the above-mentioned Commo- dities, it is certain that Rice, in which this Kingdom fu much abounds, is the chief Lading of them. Caola is a Village one League to the Soutliward oi Ciimmor, where very fi.ie Linens are made ; but a little farther Tramupatati, renowned alfo for its Bazar, Merchants, and Linen. Bilapatam is a City of Cananor, where the greateft Pepper Trade is carried on ; it is large, and inhabited by rich Mahometan Merchants, being feated on a fnwli River, three Miles from the Sea. The Englijh have a Settlement here, and lade a chief Part of the Pepper they fend to Europe. Tilichery, called by the French Ti/ceri, is four Leagues from the laft-mentioncd Place, three from Cananor, though Mr. Eacbard puts it down thirty Miles, and only one from Tramapatan. The Englijh have a Fort here, and Prince Onitri gave \\\& French PermifTion in 1670 totranflate their Faftoryfrom Bilapaton here. Its Trade is the fame as that of the above-mentioned neighbouring I'laces, with the Addition, that here is found fome Sanders, and from this Kingdom is (hipped a great deal of Pepper for Per/ia, BaJJora, Mocha, and Majinti, at which I'lacts the liuallefl Orain is in the greateft Efteem. Calicut, called formu'ly the Empire of Sainorin, is the largefl of all the King- doms on this Coaft, 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 /Ww, are wholly independent one of another. This Kingdom extends from Pudepattau River to that of Cranganor, being about thirty Leagues of Coaft, and was once a Place of the greateft Trade in l/iJiu, as well on Account of the Refort here of foreign Merchants, as for the Commerce and Navigation that its Ships maintained witli the moft celebrated Cities ofyljid: But firft Goa, and aftenvards 5Krrt/ carried aw-.y the Bufinefs from it; befidcs, the Coaft being bad, and Inundations very frequent, have not a little contributed to drive its guondam great Trade from hence, though here ftill remains a tolerable one. The Englijh, French, and Dutch have Settlements heie, and though it be the Capital of the Scmorin Empire, yet the Court removed farther within Land, and thereby occafioned a confiderable Diminution to the before decayed Trade of this Place ; its Bazar is nevcrthelefs one of the handfomcft of Malabar, it containing four or five Streets always full of rich Goods, of which the chief are Pepper; fine Linens -, natural SaltjKtrc, that wants but little Purification, and which is found in Plenty all over the Kingdom, particularly on the Side of Sirinpatan ; Sanders ; excelletit Rice, which here, as well as on all the Reft of this Coaft, is not one of the k-aft Objects of Trade. The Sand of the Sea Shore on the Coaft of Calicut, efpecially at the Rivcr's- Mouth, is found mixed with Grains of [hiic Gold, by which many poor People find a comfortable Subfiftencc, though the Grains arc commonly very finall. Tamr is the chief trading Place of a very little Kingdom, from which it is de- nominated, and whofe King, though his Dominions are hardly ten Leagues fquarc, is as much a Sovereign as the Flmperour of Samorin himfelf. This City, if it may be called lo, is five Leagues to the Southward of Calicut ; it has only an open Road without any River, and the Inhabitants of its Bazar arc rich Mahometans j this Nation is at Enmity with the Dutch, but ftrongly allied to the Portugueje, and the French were well received by them in 1672. Cranganor, dctween Tanor and Cochin, is but a very fmall Kingdom, where nevcrthelefs the Portuguefe had a confiderable Fort, wnich was called Cranganor O V ASIA. of tie PortugueJ!; to diftingiiilh it from the Cranganof of the Malaharti The Y)utch took it in 1662. Cochin, another Kingdom wliicli commences where the lad-mentioned ends, hud two Capitals diflinguidicd like tliofc of Crangiinor, and Cochin of the Portu- guift; and was alfo taken by the Dutch in January 1667. Pono, PercJtti, or Percats, come next ; and afterwards Ca/ecotilang, and Cou* lung, which are the laft Kingdoms oi Malabar. The Engli/h and Dutch have their Fadtorics in the chief and hcfl Places of thefe petty Kingdoms j and the latter have Forts at Coulang and Corbin, to fecure the Pepper Trade which is very confiderable here, and which their V^eflels yearly lade in pafllng, continuing their Route to Sural, Pcrjia, and the R(d Sea, where they difpole of the major Fart, in Exchange for many rich Merchandizes, that all thefe Places produce, and which they bring afterwards to Batavia. The Traffick of thefe (ix fmall Kingdoms is but little different from that of the ^td of Malabar, though there are notwithftanding fome natural Productions, that are peculiar to each of them, and not to be found in the others j which in fome Mcifurc varies the Trade. In general the Exports from hence are Pepper, Car- damoms, Laque, Ginger, Tamarinds, Opium, Ambergris, Rice black and white, Kifferi, and Cayang, a Species of Peafc, Sanders, Saltpetre, and Linens of diver.i S( 'ts, though neither fo fine or well painted as thofe about Sural, of which I h ive already fpoke j nor thofe of Coromandel or Bengal, of which I (hall treat hereafter. Couliiiig is a Kingdom in the Peninfula of India, on the Coaft of Malabar, whofe principal Trade confifts, like thole before dcfcribed, in Pepper, which the Europec 1 Ships and Indian Junks come here to lade; and there is on the CoalJ 3 Filheiy tor Pearls, pretty confiderable, which belongs to the King. 8tl ■■"%' fit h J I OftheCoaJlof the Pescherie. TH I S Coaft, properly that of Madura, called alfo the Pearl Coaft, extends from Cape Camori, or Camorin, to Negapatan, or Nagapatnam, being the 6rft Part of Coromandel. It has before it the Ifles of Manar and Ceykn, and it is in the Straits, which feparate them from the Continent, that the Pearl Fiftiery is carried on. The inland Parts of this Country are arid and almoft barren, where none of thofe Vegetables or admirable Fruits are gathered that render Life fo commodious in all India ; ..xcept a little Rice, hardly futhcient for the Inhabitants ; fo that it is only the I'earl Fifhery that keeps the Natives here. Tutucorin is deemed the Capital of this Coaft, though lefs for its Grandeur and Beauty, than lor the Firtiery of Pearls carried 01, here, and becaufe its In- habitants are the moft ex{iert in it ; thofe alfo of Calipatuam are in Flftecm, and thefe two Towns furnifh the greateft Number of Boats. The PortugueJ't fettled here on their firft Arrival in India, and the Dutch took it from them in 1658, and have kept it ever fince, Iharing this marine Treafure with the Sovereign of the Country ; all the Oyfters taken being publickly fold as foon as the Filhery is over. \ \ OflheCoaJi 0/" Coromandel. 'T'HIS Coaft begins at the Point of Negapatan:, where that of the Pcfcherie * ends, and reaches to the River Nagund, anil the City of Mafulipatam -, llwugh fome giv8 it a greater Extent, and continue it to Bengal. The Trade carried on by the Europeans here, is very confiderable, where they have all great Settlements, Forts, and Fadtories j having been invited thereto by the Goodncfs of this Port and Roads on this Coaft, which are the heft in India, and arc a great Refuge to their Ships, when during the bad Moufon, they are obliged to quit the C(»ft of Gu/urate and Malabar, as they cannot remain tiicre in Safety. 1 . i 8ta Gr.NEUAi. coMMKRcr or riiF, world. Tl-e chief CftjlirillmLiiti, which the Eurr.p,;itii li.ive on this Coaft, are MjJrds' or Mj.!i.!j'pj:iiiiiii, i'eUipJIce, Conni/ntrr, A/i /,/•/< />,;/,;///, /'■,.'in'i/'irfii'fi, and Ma.f. tti:po,'hiiit N. }i. Putnam Mritfit a City in till thr PcninfuLi on this Side the Ganges, btiongiiij to the /^/;-////'; Pwiiicherry, appcrtLiiiiing to Khv. Viench ; Ncfrnputnam, 1^1 piiliin, olhLTW'ilc Firtjp-'uli, •T-iu:n.rp,it!hit;i, Hitdrajpalnam, Miijnllpiiiitivi, Dj.'icrifi, Biiii'lipiithJin, Siigiicnuiii/zc, Cjnji'mtic, and Paliic nr, pulil-lltd by tlie Diitt/j, and 'Trdtifjuelar h\ the Danes. I minlit here introduce St. '■Thomas, as a I'.itnjue/e Fai'tory on tills Coift, btinLj tho I'lace where thty tranl'id tlicir Trade frcMii C.orvinii.'iJ.i'l, but this Nation lias no i'ortification here, as otlu-rs have at tlie Places afvire-mentioned. iV/j,//v/ ib feated in the Latitude of thirteen Degrees, ten Minutes, Mr. Chut/es Lockyer fays thirty Degrees North, and an hu died and two Degrees thirty Mi. nut•.•^ of Laft Longitude, and after the Dutch had (liut the Kn^lijh out from Ihin- iiiiii, became the Refidence of one of the Company's two Prefidents in tlicli; P;'.rts, and is now regarded as tlie Centre of its Trade, either with Eur^p- or ///)j,,:fi, Ih-n^.:', Siam, and all the Cot-jnuthiel Co.\i\, wit!i yJdun, Prii'in.in, Induip:).', Bencuoleh, liengtd, &c. iliough the Hina Voyage is tiio moft defirable one, on Account of the Returns in Gold and fi.ie Good-s; but tiic Company having for fome Years paft (i.nt t^llips dircdUy Irom E/ig/and there, the Advant.iges of a Trade between that Countiy and Mjdnis arc greatly diminillijd; and that to the Mani/I.is is of two Sorts, the one carried on by the En^lio Mer- chants fettled on tlic CorcniiftJei Coaft, and the others by the IVaders of the fame N.Uion fiom Etircpe, but both muft go under foreign Colours, thofe from litrite under Irijh, anil thofe from thence under fome Pagan, the Spaniard) admitting all IS'ations whether ♦Vom Eur,pj or India, at the Manillas, in their own Ships, and under their own Colours, except the Englijh and Dutch, who are denied this Pri- vilege; the latter for their Attempts to take them, more particularly for their Lnterprize againft them 1649; though the i'rohibition to the Englijh is un- merited, at Icaft lor any thing I ever heard. I'ew or none of our Nation value themlelves on l\\clri/h Enfign to go there lii- reiftly, t'ii> Trade being regarded as illegal here, though permitted theie, fo that they are generally ("applied with our Goods, by the other Method open to theni; the Cii;oJ,s fjiu from Madras there, are long Cloths, or white Cotton Cloths, of feveiity-two Cobdes in Length, and two and a f^iarter broad; others of the fame Ltp.-th aiid Bre;;dth much finer; the fame Species, common Blues j white com- mon Salcmpoures; and tliefimc blue; various Sorts of Percales, white and blue; comnu-ii C auibaus uf Madras, -.md Bengal; Mongonpous, Bengal T^iitclks, of red and mi.ved Cohnirs, toufics, common and fine Belelaes, Melchapatan Sattins, J,ampalies, and Chites, oi- painted Linens; Guerafles, and raw Silk of Hengal. Helides which L.dian Commodities, the Englijh fend a great many of the European ones; fuch as CamUts, Clutlis, Serges, flats, worfted Stockings, Cryftals, Flanders Lace, IVrp..tuan.is, Q?c, and when a Cargo is intended for the Manillas from Eur.ipe, fome good Graves Claret, and Nantes Brandy in Bottles /hould be added, as this finds an advantageous Dii'patch among our Countrymen at Madras, or if carried on, among the Spaniards at the Phillipines. The Commodities brought liatk to our iaid Settlements on Return of th- Voyages, are Dollars, Brim- flone, Led lobacco, 10 f. and fometimes they touch at China in their Way Home, andthce iruck the Merchandize they got from the Spaniards againft Gold, as this leases a great Profit, But F ASIA. But lately the Gentlemen at Mcitiras have fcnfc their largcft Ships to Alocba, Tirjia, and Sural, with Bengal and China CJoods, calling at levcral Ports on the Malabar Coaft in their Way, cfpccially at Calicut for Pepper, Cocoa Nuts, Coyr, Cardamoms, Nux Vomica, Turmcrick, Coculiis Indi, &c. and Rice is often a profitable Commodity in Mocha and Verjia, as I have before mentioned. A Man with a fair Charadcr may eafily find Money here on his own peribnal Security at Bottomree, or ReJponJentia, to what Port Ibever he be bound, at the following Rates, viz. To China, 20 or 25 per Cent. China and Perjia 40 to 45. Bengal 16 to 18. jlchen 16 to 18. Batavia 20. Pegu 20 to 25. Batavia ind Sural 35 to 40. Manilla 30 to 35. Sural 25 to 35. Sural and Perjia 35 to 40. And Mocha 30 per Cent. Pondicherry is fcated in the Territories of the Prince of Gingy, at twelve De- grees of Latitude, and an hundred and fourteen Longitude, where the French have a very ftrong Fortification, and well garrifoncd, as we lately experienced to ourCoft; their Warchoufes here are large, and the Goods with which they are commonly filled, deftined cither for Europe, or the Commerce of India, Perjia, and the Red Sea, are colledled Icfs from Coromatidel than from Bengal, Sural, and the Coaft of Malabar, where the French Company 'j; Ships go to lade them: there is notwithftanding a Quantity of Cotton Cloth made here, and in its Neigh- bourhood, both white and ftaincd, with MuUins, Silk, t>f. all which Commodi- ties they lade for Europe, and make their Cargoes to confift of the 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 Coaft, and even in the Capital of Golconda, oi which I have above mentioned the Chief; altliough a few Years preceding the End of the fcventeenth Century it was become a Sort of an Expence inftead of Benefit to them, by th-j great and continual Impofitions of the Moorifl} Rajas, which feemed not to be dif- approved of by the King. This bad Ufagc obliged them to arir for obtaining the Satisfaftion which they thought due: They took Mafnlipatnam, and by that obliged the King of Golconda not only to confirm tlieir ancient Agreements, but to add thofe that were more advantageous; and alfo to afccrtain 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 exadcd in Prefents, near as much as the Company could benefit themfelves, on the Goods they (hip- ped or delivered there. Three of the moft advantageous Prerogatives that the Dutch now enjoy in the States of the King of Gclconda arc, firft, that no Merchant with whom the Chief of the Fadtory is in Treaty about Bufinefs, (hall be molcfled either in Pcrfon or EfFeds, even for the King's Affairs, till previoufly the Company be liitisfied in all their Pretcnfions on the faid Merchant. Secondly, that the Weavers, Painters, and other Workmen employed by the Company, ftiall not be interrupted in their Labours, although for the King's Service, till they have complied with their Contrafts ; and thirdly, that they fliall have Liberty to employ what Brokers they plcafe, without being obliged to take thofe belonging to the King or Rajahs. And they have likewife another Privilege which they enjoy in common with the other Europeans, and that is not to pay the Duty of Chappadellallah, that is making the Linens, which to the Natives amount to twelve />fr Cent. The Goods wliich the Dutch carry to Coromandel, arc principally Spices, Silver, and Japan Copper, Mine Gold, Malacca Pewter, Quickfilvcr, Lead, Vermillion, Camphire, Elephants' Teeth, Sanders, Siampan, European Cloths and Stuft's; for which they barter Linens, and all the other Commodities before fpoken of. Golconda, which I have fo often mentioned in fpeaking of the Trade tranfadted on this Coaft, is the moft confidcrable of all the Kingdoms in this Part of India, cither for Extent, or the Bulinefs that Strangers negociate here, or that its Mer- chants carry into all Parts of ^Jia, 9 X Befides 813 ij: I; I *i/l. '#' \ \-r\- ilr M ■' l:H 8t4 GENERAL COMMERCE OF THE WORLD. Bf fides the ancient Domain!: ofc the Gilcondan Kings, it is cncrcafed by a Part of Bifnagtir, and Orixa, this confining on Bengal, und the otiicr Neighbour to the Mogul, feparated by Mountains from Malabar. This Kingdom is principally celebrated for two Things, viz.. the I'ort of Ma- fnlipatnam, and the Diamond Mines, which have been difcovercd for above two hundred Years, and produce great Quantities of thofc 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 mai^ fo well known in Europe, of which here arc two Sorts, as at Surat and other Places in India, liz. the one painted with Pencils, and the other only ftamped; ;ind notwithftanding the fame Colours., are ufcd in both Species, thofe painted greatly exce' in Beauty: Thefe Colours, cfpccially the red, are fixed in with a Plant called Chay, only found in the Kingdom of Golconda along the Coromandil Coaft; and the Advantage which it gives to the Linens wherein it is ufcd, is, that they become more beautiful with wafhing; the Vivacity of the Colours augment- ing by the Water, and lafting, as one may fay, longer than the Stuff itlelf. At ALiJulipatnam are alfo found. Salt, Serges, fome other light Stuffs, and R^ce in greater Abundance than in any other Place on the Coaft. 0/ tbe Kingdom o/' Bengal. THOSE who terminate the Coaft of Coromandel at MafuUbatnam, call that the Coaft of Orixa which continues to Bengal, and even lomc comprehend In this the City of Pipeli, though it really is in the Kingdom of Bengal. Although the Kingdom of Orixa, which gives Name to this Coaft, 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 richcft in the Indies. Bengal is a Kingdom fituated to the Eaft of Indojian, towards the Sea ; fome for- merly believed, and among them Moreri, that there had been a City called Bengal, which had given its Name to the Kingdom, of which it was the Capital. It is 4 certain -■sli::,-'' O F ASIA. certai. 't there neither is, nor ever was, a City (o called in thefc Parts; and what IS '!! there is no City at all, Icated at cither of the Ganges' Mouths, as the laid Aui '^ave aifcrtcd. If there is a Metropolis, it muft be that where the Viceroy re. . , which was formerly at Duua or Dicra, but for a long Time paft the Court h« ' kept at Cajembazar -, the firrt of thefe two Cities is large, and fituated on the urtmtal Branch of the Ganges, near fixty Leagues from its Mouth, and the other is upon the weftern Arm of the liime 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 Coaft, they making t\\i Ganges' Difchargc into the G\i\( o^ Bengal, to be at twenty-three Uegrcet; of Latitude, when it is really at twenty-one De- gra-s fifteen Minutes; and are alfo very defective in the Situation of Places, which 1 thought proper to mention as not foreign to my Subjeft. The Commerce carried on here, as well by Strangers t : the Inhabitants, is very confiderable ; and in which here are concerned Ferjians, Ab^inians, Ara- hiiins, Guzuratins, Malabars, Turks^ ^foors, Je-xs, Georgians, Armenians, and in fine, Merchants from all Parts f <" AJiu All the Chrifti.ui Nations eftublifhed in India icnd their Ships here, as it is the Merchandize of Bengal that makes a con- fiderable Part of their Reladings for Europ:, bcfides thofe they extract for their Iniiiiin Trade. The moft trading Cities, and where the £r,gl!jlj, French, and Dutch, have their molt fiourilhing Settlements, arc Cafembazar, Ougli Ougeli or Hugueli, Pipeii, and Bellezoor; to which may be added Patna-, for although fome place it with- out the Jurifdidlion of Hengal, by making it the Capital of a petty Kingdom fiib- ]tt\ to the Mogul, yet i * 1 1 ij ill i ill H J 8l6 GENERAL COMMI KCE OF IH K WOKJ.IJ. ablcs japanned, Porcel.iinc of Ci'inj or yuptin, I.odkinjj CiIiifTcs, (."lotlii, .iiui all Sorts of i'"wr(5/'(v;« Merchandize, Pc[>pcr, Spice, Akijuc, Elephinis of (7/;v/ //, and their Teeth, Birds of Paradife, and ti-r'ntte Parnniucts. Tlic (iooiis of this C'oun try's Growth, or that arc brought there from the nci^hhoiiring Ki!ii;dom;i, with which the Europvuns ufiially lade their Ships from the Iioinew'ard l)u'ind Voy.i.'ic, confift of raw Silks, called Tany and M iitii, t'otttin Wool ami Tlinul, red \\ood, various Boles, Coffee, Ccwries, or Cauris, which fer.vc f^r lin.dl Monty hcrcj white and yellow Wax, Canes and Kattans, Giitta (Janiha, il.'ir^il, F.iihr, tVj- tnandel, and Arga Indigo, three Sorts of I.acquc, Myrrh, v.irirais Pcrliimcs, Salt, Rice, Saltpetre refined and unrefined. Terra Merita, Sugar, and Sugar Candy. With thefe two laft the Dutch lade fevcral Ships entirely every Year ; P.irt for their own Accounts, and Part on Freight for the Mnrij/j Merchants, dclHacJ principally for Perjia. There is likewife exported from Bengal, Borax, Opium, Grain, Guins, and Medicinal Roots, embroidered Counterpanes, Carpets, and Stuffs, fent to C':wa, Japan, Camboya, Tanqtt'.n, and feveral other Parts of Iiili.t, and of which largy Parcels come to Europe, Fruits, Butter, packed in Copper Pots, or Sacks mado of Buffalo Skins, Honey, various Sorts of Sweetmeats, Diamonds, ofwhidihere is an ancient Mine in the Kingdom, and many other Sfx-cies of precious Stones, Slaves, either of the Country, where the poor People fell their Chddren to iMh- fift, or thofe of ^/our to all others, and it is with thefe that they clothe themfelves, with- out the Tailor's Afliftance, each Piece making a complete Habit, in turning it many Times, and in many Manners about their Body ; 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 Paradife. The Exports from hence are Ginger, Gold, Silver, precious Stones, and Pearls, which two laft are contraband, and here muft be a Permilfion from the King, for cither buying or felling. This Kingdom alfo produces a Quantity of Rice, and it is from hence that the Dutch carry it to Malacca, befides which the Ex- perts are Elephants' Teeth, Pewter, Honey, Wax, Cardamom," Long Pepper, Cachou, S^c, 0/* Mai. AC c A. 'T*HIS City is feated at two Degrees and a half Latitude on this Side the ■*■ Line in the Straits, to which it gives Name, and feparates the Terra- Firma from the Iflc of Sumatra, jilpbonfo Albuquerque took it from the King of Ihor, or rather Gobor, in 1511, and it was unfuccefsfully attacked an hun- dred Years after by the Dutch though they were more fortunate in 1641, when they drove the PortUguffc out, after a Siege of lix Months, and have remained Mafters of it ever lince. Its Port is one of the beft and fafcft in India, and may be entered at all Times of the Year, which is an Advantage that neither that of "^urat or Goa enjoys, nor any others of Guzurate or Malabar, which are all fubjcdt to the Monlbons. Whiift it remained i- the K.xnds of the Por- tugmj'e, it was one of the Staples for the Indian Trade, and as a Storehoufe to all the Eaft, where the /W/'a Nations, accuftomed to the marine Traffick, ufcd to aflemble. It dill lUpports its Reputation, and its Commerce is yet very con fiderable, par- ticularly in Linens from Surat, Coromandel, and Bengal, which find Vent here, at Andrj, Gicry, and in the Rivers of Siaca and Piera, and here are alfo found other Goods, of which a Part go by Land to Siam and Pegu. Ihe major Part of the Payments for thefe Linens, and other Commodities brought here by the Dutch, are in Gold and Pewter, on which large Profits are made in the other Parts of India they arc fent to. The chief Officer in Trade that the Dutch Company maintains here is called Chabander, an Indian Name, which figniBes Supcr-Intendant, who is independent of the Governor, and has the fole Direction of the 'l'r.ide and the Cuftoms. The Dutch are here about two or three hundred Families ; the other Merchants are Malayans, Moors, or Chinefe ; thefe laft only concerning themfelves in the Retail 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 lead M^Mve to the Dutch for its Capture, or that now induces them to maintain and guard it with fo much Care; 9 Y but m^. % '.r. I . i I if'! : I .' !*■ 8l8 GF.NERAL COMMHRCE OF THE WOlUf). but its admirable Situation for that of Cblna and 'yapan, befuUs its coniiiianiiinij all the Straits in which it is leated, fo that no Nation tan p.U's to the Eaihvard without their Pcrmiflion. Li^cr 4nil Tenajl'erin arc two petty Kingdoms in the Pcninful.i of A/.//l Of the Trade of Si am. THIS Kingdom, ever fince the Separation of Tcnjniu and C.ocbinchlnr, is one of the moft powetful in Intlia : Its prefcnt Rounds arc Camhayt- to the luH, Labor to the North, jlva and Ftgii to the Weft, and the Sea of tlie Ciiilf of Siam, to which it gives Name, to the South. Its Capital is Sii.i-"fuf/.>ai,i, of which the Eui-',pfaus have made "Judtia, Jutlia, Jtuka, and 0.//.;, and the Por- tugutfccjM it Hiam. This City is feated on the Mf/ir.m, a great Kivcr th.it falls into the Gulf of Siam four Days' Journey from it j and which, like the AV/i', regul.irly overflowing and drowning the whole Country at periodical Scaf )iis, renders it vtr_, lertilc in all Neccflaries of Life, particularly in Rice, of which Foreigners yearly export fevcral Ships' Lading ; though large Ships cannot get u;.) the River, but arc obliged ,to attend and take in their Cargoes below, whiHl finall ones may get uj) to luiii- ,cock, five or fix Leagues above its Mouth, but only Barks and Junks can reach the Capital. There is no Part of J/;a from wher.cc Merchants arc not feen at Juthain, a; they come here from yupan, China, the Philippines, Toiiquin, C.ochincbiiia, Vht- iimpii, Ctiml'oyd, the llles of Sunda, Btiigal, the Coart of C'Jiomandfl, Sural, J\r/ia, and An:bia ; and the Eiiropfan l^ations that have Settlements here are the Englijh, Dutch, anA Portiigutfe ; the French, who had one alio in 1686, were driven out from Ba/iaci in 1688, and though they afterwards fettled in another Part of .the Kingdom, their Trade was fo inconfiderable, that it may be juftly faid jhcy havc.cver fincc fent more Miflionarics than Merchants there. It is only the Europeans, Chimfe, and Moors, that is, all the Mahometans, who are privileged to have Houfes in this City; the Indian Nations having thcrn with- out, though their Quarters are all feparate, where they carry on their Trade, and .excrcifc their Religion. The Dutch carry on the greateft Trade here, and the Houfe they built in 16^4, is one of the handfomeil they have in all the Eaji ; yet this Settlement is only jeckoned the twentieth in the thirty-two principal ones they have in all, under the general Government of Batavia. Trade is one of the tliief Profellions of the Siamiis, and it may be truely f.iid, tliat their King is the principal Merchant among them, whether for the Tra/iick at home or abroad. His foreign Commerce is mortly to China, where heannnally fends five or fix large Veffcls ; to Japan, where there go two or three ; to CamLoya, 'Xjvmn, and Cochinchina, the Deftination is as many ; and in Fine, to all th • Coalh of India, efpecially Surat, and even to Perjia, where there are alwa^i Ibme of his Ships, coimnanded commonly by Chriltians, as his own Subjects are no great Sailors. The inland Trade of the Kingdom, carried on by his Fa(ftors, does not only coniift in the valuable Commodities imported by his Shipping, of which his Warehoufcs are always full, and Ibid at the Prices he thinks proper ; but alio in the different Produdlions of his Dominions, whether they be the Tribute ol his Subjeds or what he cultivates in the Lands particularly belonging to him : So that only in Betel and Areque, green and dry, the King's Agents get upwards of fix or fcven hundred thoufand French Livres : and it is reported, tliat rhe Cul- toms of Bancock, and the farming the circumjacent Gardens, produce him mor« than four Millions yearly. This Kingdom is rich in Mines of Pewter, Lead, Sil- ver, and even Gold, though thefe lall produce but little, and that of a very bafc 4 Alloy i «» O IF ASIA. 819 Alloy J the Pewter Mines of Ldijsr being the moft confiderablc, whofe Metal makes one of the beft Branches of Trade tn.u the Dutch carry on here ; the Com- pany having a Treaty with the King, which intcrdidli the Purchafc of this Com- modity by any others than themfelvcs. It is with this I'ewter that the Dutc/j ballad their Ships in returning for Ruroptt prtferving however enough of it for their Mian Trade, where in many Parti they truck it againft other Commodities to a very great Advantage. The other Merchandizes which Siam produces are Wood for building Shi'S of which the Dutch lade great Quantities for Butavia, Stags' Beeves' Buffa''^ * .'nd Tigers' Skins, of which latter, a ftriped Sort cftccmed very valuable, mi ; ; ef|K'cially for y*//".;;/. Cum Lacquc, Lead, Sapan Wood, Calembeck, or /IjS Wood, Honey, Wax, Sugar, betel, Arequc, Pepper, Rice, Salt, Varnifh, >- rious odoriferous WoodH, Tea, that comes from China and Japan, Calin, fup- pofed by foinc a Met.il between Pewter and Lead, though by others only a Mix- ture of them. Ambergris. Linens of the Country, Elephants' Teeth, Saltpetre, Gum Gutta, Canes and Rattans, Cotton, Ivory, Afphaltus Woods, Mu/ks, Ben- zoin and Silk ; but thtlc three lail arc brought litre from Labor, 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 oiChinefe and Japan Commodities, fuch as flow- ered Velvets, japanned Works, Portclaine, Goldfmiths' Wares, divers European Commodities, Gold and Silver Bars; but the Goods that find the readieft and furcft Difpatch arc the Linens Iron- Sural, Coronu I, and Bengal; here are befides imported red Coral, yellow Ambk.T, Quicki. er, ndcrs, and Cloths; Pepper alio was once a good Coiiimudity, but liner ics P ation here the Natives nave enough, and to I'parc for Exportation. !^ \\ } m. \ \\> Of C A t,i h ' < A.. THIS Kingdom, called alfo Cambod ■. was formerly a Province of Siam, but at prefent only makes it the Aci; '"..^ement of an annual Tribute, viz. of a Nofcgay of golden Flowers. The capital of this Kingdom, which the Eu- ropeans call by the fame Name, and the Inhabitants Rauveka, is fltuated at fixty Leagues from the Mouth of the River which falls into the Sea, to the Eaft of the Gulf of Siam, and which, like the Nile and the Menan, overflows the Country regularly every Year. The FoituguJ'e had for a long Time this Trade to them- felvcs but it is now open to all thofc who will ei.gage in it ; and here arc Englijh, Dutch, Pcrtngueje, Chimje, Japaneje, Siamois, Cochinchineji, Malayans, &;c. of which fomc come with the South, and return with the North Monfoon, and others quite the reverfc. The Dutch fend Linens here from Malacca, of which tlie propercll for this Market are Bengal CulFas, white and red Betilles, AlTort- ments of Scraffes, and Ibme Cotton Thread. 1 he Goods this Place produces for Exportation are Benzoin, Gum Lacque, Wax, Copper Balbns, Iron Chineje Pans, Rice laden for S^uinam, and a Quantity of Stags' Beeves' Buftaloc/ and other Savage Animals' Skins, which here, as well as at Siam, arc one of the beft Arcicles in this I'radc, and the eafiell fold, by Means of the Chinefe and Dutch Trathck to Japan, the former being the moll (onfidcrablc I'radcrs here of all the Eaitern People. :1I f:'i,'fr OJ' Cochin-china. 'TpHIS Kingdom is feated between thofe of Camhya and Tonquin, on a Gulf ^ bearing its Name ; its Length is about an hundred and ten Leagues, and its Breadth in Ibme Places, only ten, twenty, or twenty-five at moft ; and, notwith- ilanding its fmall Extent, it has the Kingdoms of Chiampa and Tbien for Tribu- taries, where it curies on a very great Commerce. Its chief foreign Trade is that of China and Japan, carried on by the Cbineje fettled here, or \\wiii of Canton. The Europeans, efpecially the D«/fi6, lade many Mcrdiaudizcs here; the trench, as has been faid of Siam, have hardly any of thoir l:ti I' i l> laO GINFRAL COMMERCI OF TflF. WORLD. tlieir Nation here but MifTionaries. The Commodities extradlcd of the GrLWth of the I'laic arc CJold, which comes from the Mines, or Diift collcdted in the Gravel from fomc Rivers, of Calcmbac Wood, which grows in the Kingdom of Champoa, from whence they can only brinj; it to Cocltn-i/bina, and which f lis for its Weiglit in Gold, cv<:ij on the Spotj I'cppcr is alfo cxtradlcd from hence, and fcnt to China -, bilks gathered in fiuh Quantities, that even the Cordage of their C7allics and Kilhermca's Nets arc made of it: Talfctics, which are the only Stuffs made here; bugar, (hipped d« t Wax, Areqiie, and Betel, Rice, with which many Ships are annually laden j in Fine, thofc Birds' Nefts fo much efteemed by all tiic ^ dians, as a lidutary Food, which fcrve them at once both for Aliment and Rcg-alc. Of T O N 0^0 I N. eT*0 NI^IN was for a long Time a I'rovince of Chwa, when Cocblncbina and -* Cluampa were a I'art of it; at prcfci\t thcfc two Kingdoms are fe,iaratcd, and Tonouin, more compa«it than before, is bounded on two Sides by three Pro- vinces ot China, wiiich arc Ctsttton to the Eaft, and /iv/;;and .'^w^yl' to the North; to the Weft if touches on the Kingdom of Bntinn, and to the South on Cochin- china, and the Gulf to which this laft has given its Name. The Tciiijuinois did not till pretty lately renounce the Politics they had learned from the LhintJ'c, not to trade with any foreign Nation; but at laft they are lic- come more tradable, having at tirft pwrrmitted Strangers to come and trade with them, and were afterwards emboldened to go and tralHck with others, as they now do at Siam, Haiaiiii, and many other Places of India, they fend Ships to. The bcft Merchandize that the Eiiroptans can carry to 'Tonqiiin arc Gold and Silver, efpecialiy Dollar;-, although they are not without them; as here comes a great deal of Gold from China, and a (^antity of Silver from Japan; bcluks, fome pretend that this Kingdom has Mines of both thcfc Metals, though Mr. Tavernicr denies it, and with a rcafonahle Probability. O'her Commodities brought here arc Spice, Pepper, Quickfilver, Vermilion, Cloths, und yellow Amber. Thefc People are open and faitht'ul in their Dealings, in which they are very different from their quondam Mailers the Chimfi', who pride theinfclvi:s in cheating Foreigners, and ufe a thoufand Chicaneries in their Purchafcs and Sales. Silks are in fuch Plenty at Tonquin, that both rich and poor equally clothe them- fclves with fcvcral li"ht Stuffs made of tluin in the Country ; and the major Part of thoi'e Tilings, which in other Places arc made of Flax or Hemp, arecompofed hereof this Material. The Dutch export great Quantities of thefe Silks for Ja- pan, being more commodious than to fetch thofe of Pcrjia and Bcnga/, as they did before their Trade was eftablilliea at 'Tonquin. Here is alfo to be purchafed Mulk, Tortoile-Shell, Aloes Wood, of which here is fome worth near an hundred and thirty Pounds' Sterling per Pound, Su;5ar in Pound and half Pound Loaves, proper for Japan-, Porcelaines, brought from abroad, Lacque, Rice, and thofe Birds' Nefts mentioned in the Sedtion on Cocbinchina, which arc found in five fniall Illands of the Gulf, where both the Tonquinois and Chintff go to feek them. It is alfo in five other neighbouring Illes that they go to catch Turtles, or Tortoiics, which come afhore there in fuch Quantities ac certain Scafons, as to render the Sale of thc'r Shells and falted Fle(h one of the beft Branches of Trade in this Kingdom. They have Oranges and Lemons here, as in all other Parts of India; but thele latter arc fo four, as to become thereby ulelefs for Refrelhmenti to the Ships, and are therefore only confumed here in- ftead of ytqua Fvrtis, to cleanfc Copper, Brafs, or Iron for Gilding, in the Dying of their Silks, and in the Lyes for their Linens, which makes them of a dazzling Whitcnefs. 0/ OF ASIA. 821 Of the Com/Ht'nc o/" China. 'Tp H I S vaft P.irt of the Clluhc, ;itul the HalV.rnmoi of y4Q, is equally famoufi for •* its Fertility, which lurnilhes an Ahiiiulani.c wherewith to maintain an cxteii- livc ConuncrLC, and for the (ienius uf its Inhabitants, who, more tlian any other IVopIc of tlie World, iindcrrtanding to employ in all Sorts of Manufadlurcs and Works the many ritii I'mdni'ls tljat grow, and are found in the fifteen Provinces of this great F.m))ire; whith is rendered more adapted to Trade than any other callern Country, by the many Rivers and Canals that travcrle all its Divifions.and thereby facilitate the 'rranfport of its Merchandize} and for Iix|K)rtation by the j^ood Ports that fix of its I'rovinces have, which are waflied by the oriental Ocean. The Clifitjr Politics niaking them fear that a Communication with Strangers mi ;,'ht corrupt their Laws, never gave thefe latter any Opportunity to attack their Liberty under a Pretence of Trade} but, lor feveral thoufand Years, rtuit the En- trance to tlu ir Kingdom againll all Nations whatfocvcr, and were content with the interior Trade carried on among thcmfelves; but at laft the Emperor, having opened his Ports to all tlie WorKi in 16S5, the Indians m-\A Europeans were equally forward to imi>rove the Liberty of thi« new Trade, which they have carried on ever fincc. 'i lie J'orttifUi/!- till then had been the only Nation of Europe who had carried on any Sort of TratHck dirci'lly to Cbimi, by Means of their Situation at Alaaw, ot wiiich 1 ihall tre.it 1 7 and by, and the Dutch, dcfirous of imitating them, when cflablilhed in the llle of i*'o;7/;o/(/, having been chafed from that Poll in 1 66 1 , had renounced this Commerce, or at Icalt, like the Englijh, only mainMined it in the h.df defcrted llies, where the Chiue/e Junks brought their Merchandize, and returned with what they got there from Foreigners. It is true, 'that many InJian Nations; and the Dutch themfelvcs, were never without the I'roduds of China, but it was what the Chitie/e brought, who were permitted to g , to otlier I'arts, at the fame Time that all others were ftridlly for- bidden coming among them ; and the Places which the Chimje Junks frequented moll, and to which tliey llill continue the Trade, are Japan, the Manillas, Co- chinchina, Achin, Malacca, Camboya, Siam, Tonquin, Putana, Jambi, Andragiri, in the Hie of Sumatra, Hatavia, and fome others. The Trade with Strangers in China was not only open by Sea, but the Cara- vans were alio admitted here, as well from the callern fartari, who now govern this Lmpire, as the Mujcciites, who fend yearly to Pckin a very numerous one from l\l pable of deceiving the mort Attentive and fufpicimis; and tluy loininonly lay pro- verbially, that nil other Nations arc blind in KcliK-dl of Tradi-, but tliomlllvcs and the Dutcb, which latter have one Eye, but they two. As it has always bucn \ Maxim in the Chinfje Government, to encourage a great Curreni y o\ Trado in ail the Kingdom, it may be laid that all the People loniL-rn theinklves in it; licrc^lv-- ing hardly any of the Natives, even the Mandarins, who arc not enj^at^c.l in it, at Icaft in Partnerrtup with the Men hants, to whom they advance their \li»K'y, that it may increafe, and not lie idle. One of the principal Hranches of Commerce in China, as well at home .'i abroad, conlillii in Silk and SUk Stuti's, cither plain or mixed with (■(.Id .ui.i Silver, of which here is fo great a Plenty that moll of the People, and evei Servants, commonly go clad in Sattinor Damatk. SiU^worms arc bred in alnv.i all the Provinces of the Kingdom; but N.tnquin and rAv.'/./;/;, cfpccidly tlvj latter, are thofc where molt is gathered, and where inoft Silk is maniili.taiv.!, there not being one Year in which they do not fend to Pikin near f;)i!r 1: .;id;v.l Barks laden with Cloth of (iold, orTilUies, Dainilks, Sattins and \elvi.t,, W. fides thofc made by the Lniperor's Orders tor Prelents to his Ladies, Pri:u\v, and all his Court; all the other Provinces alfo pay a Part of their Iribiius n Silk and Silk Stuffs, which are j;enerally rt-liild for the i-mperivs Account, hit 'vi.cn altogether are not near the halt of what C'i'vv.'.w; li:riiiilus alone. It is in the Province of Na/riuin, that the moll beautiful Skins are m ule, and w!iere moll of the bell Artifjcers come to ellabliih their Kahrick, though KoreijniTi hardly carry away any of thele; but alnioftall tlic Skins that tho Eurrp-.if:! \\\v,\ as well wrought as raw, arc nianufadured at Cautjft, or in thj i'rovince of svincii that City is tnc Capital, and gives its Name. There is made in Chira all Sorts of Silk Stufff, either net or mixed with Col 1 and Silver, as there is in Eurcp,; and many other [vcidi.ir to thiinf.lvcs; and tluy have Wools in many Provinces, of which they make lome Ser.a's, as they ;'rc ignorant in the Manufacture of Cloth, though they have thefe bruught here, i-iid very much eftcem them, more efjiecidly thofc from Eni^LmJ, yet they bay but little, as the Cloths coft vaftly more than the very finell Sdks that can bs made here. The Cbimje have alfo various Furs, even of the very fineO, fuch as Minevers, Ermines, and Martens, but they are all confuiiied in tlic Country, in Linings for Men and Women's Clothes, of which one only often colls above 250/. Cips, Saddles, and other Moveables. The other Merchandise exported from Chiiui, befidcs wrought and raw Silks are Cottons in Wool, Thrciid, and Linens made of them, Urals in Plates, an i Salmons, Toutenaquc, Tea, Camphirc, Mulk, i'lax, Sugar, Salt, (Jinger, Svveet- meats, Quickfilver, Vermilion, Lapis Lazuli, Vitriol, Ambergris, Rhnb.irb, Galangal, China, Miniboians, China Ink, Horfes, Porcvlaine, japaned Works, Pot- ter's Works, proper for ///;ture at Vekhi, yet they fall Ihort of that Beauty and Pcrfcdion fo confpicuous in the Fabricks of J'-'p'tn and i'oiiii::, x; much as they exceed any Thing of that Nature attempted in }<)'i>'jpe. In Regard to the Merchandize proper for the Trade of C'/vnj, Plate i'. thi: Bafis, whether in Dollars, as they come from the ManiiLis, or in liars, as the Dutcb bring them from Japan; the Cbinrfc, who have none, ellecining it greatly, and willingly truck their Gold and bell Commodities agiinll it. And whil'.l I am on this Subjedl, it will be not im|)ropcr to remark, or unprofitable to my Reader, that in thii Tratfick, the Ditference between (iold and Silver is com- puted as one to ten, whereas the Dillcrence in Europe is as one to liueen, 1«> that great Advantages are made by carrying the latter thither. Spice and Pepper alfo find a good Sale here, particularly this lall, %vherefore ilic Dutch al v.i;,i make it a Part of their Ladings j there arc alio brouglu Jicrj Linens of variouj 9 Suru, O F ASIA. Sorts, Clotlis, Serges, Fft.iminas, of divers Species of Colours, of which the icil, white, ;inti black arc moft in I'lrtcem, Sanders, Elephants' Teeth, Amber» and red C'oriil, though pale. What has hccn hitherto liiid of the Chinefe Trade has been but little more than the Tran(atltioiis of the inhnd Fart of this vaft Empire, by the Inhabitantii of the different Provinces that comjiofe it, and with taking locne Notice of that Trade which Foreigners, efpecially the Europeans, carry on here, fince the Em- peror opened his I'orts to thciiij I (hall now therefore enter into a Detail of the ConinKicc that the Chintje carry on in their own Ships in all Parts of the Eaft. Of the exterior Trade g/* China. /^.'INTON is the Port where nil the Chinefe Junks are laden for Abroad, and ^ where thty come to bring their Returns; t^t Places for which they com- monly lade are, as has been already obferved, the Ifie of Hainam, Cochincbiiia, Ciiin/i'jya, •fon'jiiiii, Siam, lhuin, Japan, Manilla, Sural, Ma/Jrva, and Acben, of whole Trade I fli.ill fpcak in Order. Of the Cc/ttmera- of Canton to the ^flandof Hainam. npHIS Ifland, ilniatcd nineteen Leagues to the South-Weft of the River Can- * ton, is I'art of tlic Ein|>cro.' of China's Dominions, fo that feemingly it flioulJ not be comprized in what I have to fay of the exterior Trade of Coinai but as they thcmlclves count it among the Places of their foreign Traffick I fliall there- fore bt^in with it, as I propofcd. \'ei]tls may go and come from Canton to the Iflc of Hainam all the Year, but the bcft bcalbn for leaving Canton is the End of Novemher, ai>d that of re- turning from ILiiuiim the Month of fune; thofc who depart in the gooil Monfoon may make thi-ir PaHagc in Icfs than eight Days, but tnofe who fail againft the MonllKjn, commonly employ a Month, and fometimes fix Weeks in the Voyage. The Goods they carry with tlicm to Hainam are wrought or unwrought Iron, Iron Cha'iron, Cotton, Cotton Linens, called Canqucs of Foiken, ditto of Nun- ifuii}, common Straw Matts, and Garlick. The Commodities in Return for Can- ton arc various Sorts of Rattans, y;llow Wax, Galangals, Vcnifun faltcd and drill), Artque, Cocoa Nuts, Stags Skins, and Nerves, and Aloes Wood, of which it is laid there is thirteen Sorts. Commerce from Canton to Cochinchina. TH E King of Cochinchina 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 cods dear, it is notwithftanding always very advantageous, ami every Ship on Arrival makes to him, or his Odicers, a Prcfcnt to the Value of about four hundred Taels. 1 he Chimfe Vcflels leave Canton the Beginning of March, and commonly arrive at Cochinchina about the 15th, though fometimes the Weather detains them till the 2 5th J and to return from hence they muft fet out the Beginning oifuly, having generally the fame Paffige coming as going. 1 he Goods proper for Cochinchina are the Caches, a Copper Money, of Hai- nam and Canton, Brimftone, Saltpetre, though it muft be obferved that both thefu laft Commodities are not permitted to be laden at one Time, in the fame Ship, nor either of them feparately, without a particular Licence, which always colls dear, as thefe are prohibited Exportation from China, Gold Stuffs, fine white, and red Crapes, Ginfeng, thin Crimfon Sattins of Canton, coarfe Porcelaine for common Ule, all Sorts of Medicinal Drugs, thick Paper for burning before their Pagods, Glals Bracelets, ordinary and fine, Iroa Ket:! ;,, and Leaf-Gold. The Rciurns from thence are in Gold Ingots, Aj^i ^.caramba Wood. Darts, Areque, the bell in India, black Wood, Rhinoceros liorns, of three Sor > Buffaloes' and Lov>s' iiorn.s, Pepper, iidi, called Bitchcnwrct, Sca-Dogs i"k' 1, ftrong coarfe SUk 8«3 |^ ^ ^ fi- f-\\ f [Hi i ' I ill *! iil i f '.•I' S24 GENERAL COMMEKCr. OV THE WORLD. Silk Stuffs, Birds' Ndls, white Sugar, and Sugar Candy, and y.^,''.;// Wood for Uaining yellow. Trade cf Canton witb Cam^oy A, THE Cbineff Veffcis, which carry on this Trade, fail from Ctivton the Bigin- ning of January, and fpend in their Paffage from fifteen to thirty D.iys, according as the Weather favours ; their Return is commeiued at the End of Juttf, that they may arrive in China by the fuccccding Month. Tlie who'j Commerce is contradled in the fouthcrnmoft Part of C:a»i'"jjii, ncr three hiin- dred and fifty Leagues from the Klvcr of Canton. Every Ship, on Arrival, ni.ikcji a Prcfent to the King, and his four principal OtHccrs, of tlircc or four hundrti Taels, and then have Liberty to trade with whom they pleafe. The Commodities commonly fcnt here are only five, I't'z. Iron Anchor Elukcs, Umbrellas, Rattan Mats, all Sorts of Fruit, and Porceiainf. The Returns are Sapan, or Brazil Wood, Elephants' Teeth, Lacque, Lounge for painting yclli \v, Birds, Buffaloes, Chamcaux', Cows' and Stags' Skins, Buffalo and Cows' lloiiis, Peacock Featliers, and Taffoufia, a medicinal Drug. TraJi o/'Canton wifl Toni<]-'IN. rjrOA".'vJJ7/A/'I? two hundred and twenty-five Lcigues from the River ot Ci'i- *■ ton, which i: commonly failed in ten or twenty Days, and tlie Return inueh the fame; the Seafons for departing and coming b.ick, are the Beginning of /(/- n'.ary and July. TJ'. I'refents whicli thel'e People make tin* King and fvvenofhis Oriicers hardly amoi.it to three hundred Taels, though all other Nations pay a great deal more : The Merchandizes carried thither, are Canton Caft lies. Iron Kettles, fmall Brafs Cannon, Pewter in Gilt Leaves; all Sorts of Drugs, at leall an hundred SjKcies, ordinary Porcclaine, Cloves, Pouclioc, a Drug fcrviceable in Medicine, and for dying yellow Silk, or thin Taffeties, red Cra^n; of Canton, G.uize of the third Sort, Glafs Necklaces, Vermilion, Alum, Rupicdfy, a Drug for dying Black, and all Sorts ofChlmje Fruit. Tlie Goods laden in Return are, yel- low raw Silk, Mudis, or Stuffs made of a Tree's Bark, Uveral Sorts of Taffetics, coarfc and fine Canques, or Cotton Linen, Brazil Wood, Cinnamon, not extra- ordinary good, Lacqiie, Anifeeds, and Caramangee, a mcdirinal Drug. Commerce o/' C a n t o n and ^x .\y.\ . 'T^HE Ships fail from Canton to Slam about the 20tli of Xr.'cmlh'r, an>i are ■*■ thirty or forty Days in their Paiiage, and their Return is begun in "fuw, that they may all arrive in the Month following; and the King 'lere, as in Cochin- china, ii the only one to trade with. The Chineje carry a large Quantity of all Sorts of Cioods here, and bring no fewer back; the outwanl-bound Cargoes conlilliiig of w-ought and unwr()ii;.;lit Iron, Toutenaque, Allum, white Sugar, wrought Copper, Latten and I."on Wire, Copper Bafons of different Sizes, call Copper Ciikrns, Iron Ket:lt.>, five within one another, all which Commodities ferve as Ballad, D.ur.alks aiul Sattins of all Colours, ftriped and common Taffcties, Ciauzes, fewing .Silk, Marcllc, a red .Nan- quin Paint, Chuangon, a Medicinal Drug, Figic-t.ique, a Chinij! Fruit, 'nigar Candy, Raifins, Prunes, dried Chefnuts, WatiT Melon beeds, Ci)i>[Kr Drums, cal- led Cans, Qjickfilver, and three Sorts of Gold Wire. The Goods thit conipole their Cargoes in Return, arc Elephants' Teeth, LeaJ., IVvvter, Areqiie, I'lazil Tafoufic, or Wood, Taffouffa, a Medicinal Dr'jg, all which ((.rvc lor L.Ulage, Lacque, Horfe, Coa-, Buffaloe, ;tiid Stag Skins, Buffalo anil Rhinoceros iiorns, Myirh, Loung, Birds' Nerts of three Sorts, Puchoc, Inct.iK.-, Bird Skuis with their Feathers, Peacocks' Taiij, two Sorts ol Stag-.' Nervc^, and Caye-lac, an odo- riferous Wood for burnini^ in their Pagods. 6 0/ OF ASIA. Of the Trade between Canton and Batavia. tyATAVIA is fcvcn hundred Leagues from Cl tlic Junk, the Plat-c h;; came from, and tliufe he touched at, the Ninnlieri/l' lii:. Ci\, v, when he failed, the Condition of iiis Goodf, the Si/e of his V'cllel, the NuiuIkt ofliis Guns and fmall Arms. As loon as the \ifit is over, the "fapomfe Pilots and Sailors come aboard, and carry the Vefi'el into Port, v.here, when anchored, the Lading is delivered into the Warchoufes, whicii the Director-Cieneral of Trade hirnilhes, where the Sales are made on the Day, and at tl)e Hour, appointed by liim. The Goods proper fo.- tliis N'oyageare, Coral in (iraint^, Agnicaramba . an odo- riferous Wood, Ultran.uine, none but the king oi fipan can buy tiiefe Commo- dities, Enamel of five difierent Colours, Alum, Iron, 'I'outenaque, white and brown Sugar, which five Articles lerve for Uallall, Sattins, of which more than two Thirds are black, white 'iaffeties, o( Canton and h'an'jiiin, white and red Crape of iWinguin, Ca/tton filhing Linens, \ermilion, raw Silk vi \anrjuiii, CJala iga, Legumen, yellow Lacque, as it dillils from the Tree, Arequc Bark, Ychit Jce, a medicinal Drug, Caramangee (roin China, Folio Chiroze, a meiiicinal Drug, yellow Wax, Cbincje white Linen of leveral Sorts, grcrn Alum, Honey, Ciiienfou, a medicinal Drug, Sugar Candy, Benzoin, Aloes Wood of three Sorts, (juin Sandrac, Tortoilv;-fhe|l, Camphire of three borts, Pucohoc, Incenfe, Myrrh, Lounge, Mulk, Kliub.irb, Cinnamon, Chuangon, a medicinal Drug, and ;i very bid Satfron. In Return the Chimje take Latque or \'arnilh, Porcelaincs, tine Puals, Steel, wrought Copper, and a Sort of Campi.irc proper for China. 10 A rraJe m Bas d'ft ■ 'n: * % % ilUi 1 I ■ n *; V i' \k * I I 'I m m ns6 GENERAL COMMERCE OF THE WORLD. ill i^ % Traih'J'rom Canton to //it' Man ill as. THESE I lies arc two hundred Leagues from tlie River of Cii>:tyf!, where the Chlmji Ships fail for in tlie Month of Mcirch at latcft, and d.pirt from thence in July. All the Junks that go this \'oya^e ma!;c tlie Gover:uir and Sa}H.Tintcndant of the Cnftoms at the Mauillai, a i'rcfCnt on their Arrival, xviiicli at firlV was only voluntary, hut tlie Continuance has made it become a R.feht. This Trade was formerly very advantageous, but it is greatly decayed ; in 1700 tlic (ioods from Catitm loll 30 pvr Cfni. at the Miti.'il'm, and thcugh tiltn-- warils they grew fomctliing better, yet nothing in Coniparifon to the Value they once bore there, W lien the SjhihiarJs go Irom their lllaiuis to Cantui, t'lcy carry a Parcel of Embroideries, anil a little Muik with iheni ; and what a (,''■/- hi'fc Cargo for the contrary Voyage conlills of, is Toutenaijue, Inin, I'oiceln'ncj of all Sorts, Canques of Civw/a/;, and others ui N(inquiii, very ordinary Sailcloili, fcveral Sorts of Cl.iths called Nuiiiia, flowered Damalks, pl.iir. Sattins, varimis J-.pecies of Tartl ties from C'i//;.*.« and iV />.<;«/ at moll, and the Kill of her Crew Lafquarcs or Lafcar?'. The Seaton for failing is the End of Otlcic , to arrive at yhhcm between the rtrll and tenth of DiCtmorr at l.itell, that they ir.ay A<:- part for the Mahiivcs in Time. The Lading of this Vcllcl ihouKl be compofeJ fiill, with Merchandize proper for the Moors oi Achcm, who trade for ^wat. Secondly, with thofe convenient for the Natives there. And thirdly, with fuch ns tnay luit the Maldicnin Market. The Goods for Sutiit are, fifty Ton of white Sugar, an hundred Pieces of ■/"/*<''' Copper, t\^cnty to htty I'ieces of Sugar-Candy, two hundred I'ieces of Toutenaijue, twenty to forty Pieces of (^lickfilver. The (ii.'otls f<;r the Natives of yhiht/i are, coarli; Porcclaine about five hundred Tads, Copper Uafons of different Sizes, twenty I'ieces of C.'Z'.v.r/t' Tobacco in Pound and half Pound Papers, fifty Pieces of (JoKl (/'(/;//<>« Thread of the third .Sort, twenty Catis, the Ends muft be of Silk, three or four Braces of tine ColKe, and lea- Cups and Saucers, fifty Pieces of Taffcties fijuared, fuch as arc lent to i'/<;'/7 for V\ omens' Petticoat.., fifty Pieces of five threaded Damatks, with red, blue, andyel- luw Flowers. The Returns make from hence are in Shells called Cauris, or Cowries, which lervc as Money in many Parts of the 7vj//- /«(//>/, as they do on the Coalls of yjjrii.i, where the Europeans carry them, dried Filh, and tlie Dark of the Cacao Trees, prepared for Spinning to make Cables with. There may like- w ife enter into the (.'.lUit^n Cargo for ylcl'cm, feveral Species of EurcpLWi Ciood.s, fuch as all Sorts to Nails, Iron Anchors from three to lourtecn Q^iintals \Vei.;ht, Iron Guns from two or five (i^iintals. Wine and Rrandy in Hottles, Ibnie t liif- lels, Speiftaclcs, twenty iiarrcls of Pitt h. Paper, Iron in llat bro.id Bars, Cordage from one to five Inches thick, Padlock:., and alfo fome blue Linen for Women s Petticoats. Of the Englilh Trade from Madras to Can i on. . ' I "■ M E Ships fail on their \'oyagc in the Month of '//ruary, and ihcir Voyage cither going or coming, is from lortv-livc to li.\tv Day-,. ' The Cioods rirricd from MaJras, are E.n\'llih Lead, Lead and Pewter from I\gu, M.ilaUiin li.jvud Storax, Rattan:, iium. tlio iair.e Place, Iiiceule, Ali'a-tatida, 6 MaJni. OF ASIA. Madfdi red Wood, Myrrh, Piichoc, and fine I'earls of all Sorts. The Goods in Rctiiiu are Gold, Copper from "Japan, and ditto from Canton liiie the other, Toutcnaque, Allum, Qiiitklilvcr, Vermillion, ordinary Porcclaincs for theAfosr/ Ufe, white Sugar, and Sugar-Candy from China, Of the Trade from Sukat/o Canton. 'T^HIiY r.irry from Surat to Canton the fame Goods as from Madras, bcfides -*• a C^iantuy of Cotton ; and thofc brought back from Canton are alfo the fame, except the Gold. They fail from Surat in the Month oi May ov ^une, in Order to arrive at Cant.n in Augujl, and come from thence about the 15th of December, to finilh their \'oyage in March. The luiropeans Commerce isiith Canton. '"plir^ Ships which annually arrive here from Ew^/c/W, France, Portugal, and •* llJiiind, commonly brisig the following Goods, 1/^';. Silver, in various Coins, all Sorts of fine Cloths, Camlets, Serges, and other Woollen Stuffs, fine Linens iioin IlJiand; Clocks and Watclies, Looking-Glaffcs of all Sizes, Mathematical Inftruments, Etig/i/b Etwcca, Pencils, Paper of all Sorts, v uious Ornamciilb for both Sexes, fome European Liquors, and clpecially Wine ; (;t' all which Commo- dities a good Part is dillrihutcd in Prcfcnt;; to the Mandarines in the Government of this Place, and tlie Merchants generally make a confidcr.ahlc Advantage of the Reft. They employ tlie Silver they carry in the Purchafc of divers Sorts of Goods, in \'irtue of certain Agreements made bcfore-hai.i, whicii are raw Silk, IJamafks wrought according to Patterns given ; plain Silk, lacquered Wares, CJreen and Bohca Tea, Hadiaiies, a Seed from tlie Anis Tree growing in» China, i'o called from the fmcll which its Wood has, like that Aromatick in Europe, Canes and Porcelaine after the Models and Paintings diredled. They alfo fometimes buy Gold here, thougli hut fcldom, a'', they have it much cheaper in India. At Cantctt, fome precious Stones, excepting Diamonds, are likewife to be met with, though never in any great (^lantit)'. It is at ^^lartut.g and I'oiken, that the hell Cbiuefe Brocade Silks arc made, and of which a large (^lantity are brougiit to E.urope, all which Commodities arc purchaled with ready Money; and the Sales of European Cioods are on the fame Terms, as Strangers find a c(jiiriiier.ihle Difference in their Disfavour by liartcr, and therefore manitain ilie Mttliod of buying and felling for ready Money only. In 1720, a Conmiiilary i'rom the A!i//iJJippi Company arrived at Ca'it.n, and obtained Liberty from the Court to refide there; but on his propufmg to lade a Ship, he found i'o many iiihiiin()"nt,ib!e Dilliculties lying in his Way, tliat he thought heft to decamp, and quit his unealy Refidencej in tlie fame Year alfo a Siiip arrived under the I'.mperor's Colours at OJIend ; the Kate of which Com- pany being fo well known, 1 have no Need to enlarge about it. Helides wliat is before- mentioned, there arc tranfported from EAirope ar.d China, and from China to Eurcpr, a thoiilaiui Trilies, winch make a conliderableCiain, though they are t(/0 numerctwccn the two Em|)ircs of A*/////.; and C.liina, as it pr()[>erly comes ir. lure, and for which Mr. Lange luii furniihcd n\e with Materials in his Journal, &<'. A State cf the Trade /'efuren Russia <7«i}]a/es Camp, tributary to China, ii>r iVom thence arrive at Peiin Monthly, nay Weekly, not only the limic Goods as our Caravans convey there, but of a bitter Ciiiality, and carried in fui.h (^lantilies by the C/'/«('/t' Meichanti, who arc continually coming and going between iVX'W and Uri^a, and thofe whicii the Lamas or I* ; m i' 828 GKNERAL COMMERCF. OF THE WORLD. fyl or Moungakan Prictis furnilh on their Part, thii makes tiie Vilue atr "luit to four or five Times as much as a C'lirrvan ijoin;'' ur Jer her Czarijh ^A]zi\y i Naincj bclidcs. Particulars arc able to br,' ^ •' Uc 'L<^,..ini.'UtiLS io much -hi .jjcrlo Mar- ket, than the necelliiry Expcnccs of u Ca:>";M will ( trivr^'i. ; clieaper, butalfo quicker, tlicy have an Opjiortunity to forell.-!! the Mrlcii, and tell their (Joods before the Caravan can inrive; it is, therefore cur Aut!or's Opinion, that except the Trade between Rujj'ia and Urga be prohibited, only witii the Allowance of car- rying their Cloths and Rujfia Hides, tlie Ruin of the Caravans is cert^iin and near, and which may in the End draw on tiiat of ail the Mufcovite Trade in thole Parts. The (loods commonly brought from China to RuJ/ia arc, fniall ftrung Pearls, fine CioKl, various Sorts of raw Silks, Omtalks of different GooJ- nefs, plain and flowered Sattins, fcveral Species of Silk Shagreen, fpun Silk, Cot- ton Cloth, ail Sorts of Orecn and Hohca Tcti, wi'icli they ini;;ht have in greater Perfedl •(;:•. in RuJ/iii, than in any other Part ol Kui )/».-, as the Northern iVuvinccs of C/'ina produce by far the bcit, and tlie MiifcTV'l.s luive tliis by the \"/a\ of Si- hcria; fo that, would they be caretiil in its IV.ckage, it would natunliy retain a higlier F'lavour than tli.tt which comes by Sea fioni ('n/noii; but their Indolence leading ;hem to a Negledt of this Precaution, their Teas are gen^-rally tainted, and contract an ill Talle, of which their Delicacy renders them greatly fulceptiblc, Badiancs, before defcribed, Porcelaines, Carpets, Silk Flowers ftiick ci I'aper, ami foinc Tobacco. The C Mnmotlitics lent fwnv. Pi'to-Jhurgh to Chiiuj, arc jewels of feveral Sorts, Sables, white and common Fox, Lynx, Heaver, Lrmine, iMinever, Badger, and Seal Skins, with fomc T^eth of this lall Animal. I might here add fomething of the b'rench Traffick to Chin,i, as I faid but little about it, in treating of that Nation's -'cneral Commerce; but I omit it now for the fame Keafons I did then, •LVi-.. becuufe both their outward and homeward- bound Cargoes, are in all Things fo like tbufe I have mentioned in the Englijb Trade, that a Reiictition would be fupiTfi'iOis. Of M A C A o. Af ,T HOI' Ci II tlie Cily of tf.///^ is not to be reckoned amongrt the mod confiderable onc'i of CV'/>;.;, either for tJrandeur or Number of Inha!)it.int>, yet it merits a particular Rog-ard, on Account ivf the Kcputal: )n that it has al- ways held among tluTe where the 7V/«_ij.v.yi'' have been elhibliihed in the Kail, * and llill policlj, there; as alfo becaule it i:i die tin} wlicre llie ]']itr/>,-iiifs cpcned tl:e Trade U this great Iimpire, and \\liich it enjoyed alone near two Ages, that they W' a- ......itted to comeai.d trade in it. TI.v iiitiiot. City is fituated in a I'eiinUila of the 0/7.v;/rt/ Ocean, on tl.jCoall of the '':v/i.--e of Ciin.'on, to which ii is joined by a Slip of Land, at forty I,eagucs by Sea dill.mt from its Capital, wliere tlie l''jrlugurl? fettlcil, the Uegin- iiing uf the fiMcenth Century. Before the Chinife were familiarized with tliefe new Comers, who, under Pre- tence oi trading, were .'.Iready poflelled ot'tlie llrongell Cities of InJiii, and their I'IcTts Mailers of the Eallcrn Seas, it was only permitted the PortugU'i'e to come annually witij their Ci(K)ds to the defert ille of i'l/wc/v;//, and there to open Shop in Huts, made in Ilalleof the Boughs of Frees and Turfs, without being licenfed to build any IIoufcG. Their Credit increaling, they advanceil to M.h.n, ten Le.igues from Sanchan, where they afterwards improved what Opportunities of- fered, to ingr.itiate themfelves, and obtained Perirulfion to build Houles .ind Ma- gazines, and tocncompafs their new Town with a fingle Wall. The Duttb, jealous of the China Trade, where they could not be rccciveil, attempted to drive thefc Portiigwji- out a lumdred Years after their lMlal)li(h- mcnt; but, h.tving mifled their Aim, their Enterprirc only fcrved tlie better to (ccure their Enemy's Settlement, as the Portuguiii laid hold of this Oc aiion to obtaii. the Li!)crty of fo tifying their Habitation, which was granted, as they wcrt better liked for Ncighcours than tlie Dutch, 3 The H^-'^j; V^ .15 O I' ASIA, taf The fortifications of this Place are fine and regular, and the Portugur/e have now built three Forts, 0:1 as many Eiiiinenccs, or little Mountains, always guardc.l by a ftrong Garrifon, and defended, as is laid, by two hundred Pieces of Cannon. The Ifthmus, which joins thr Peni'ifi-'a or" M.'i:ao to the C" rnent, is f;r> out hy a urong Wall, bui't acrofs it, thut has a Ciatc in rh^ MiddL, u/ v'uclv ali tliC Cbineji uuy come in, and go out, but no horiugucfe may pafs i;, on Pain of Death; it is at this Gate, wh.-re the Emperor of China's Officers arc paid the CuAoms of Importation and Exportation, on all the Goods, Provifions, '»\\X Fruits, which a'c brought to or carried out of Macao by Land. All the Piiu-- gutje Trade was at firft ihut up within the Circuit of the City, where they r , :. ;v« their Merchandize, and where the Junits from Cjn/cn, and the other Miunnc Provinces of Ciina, came to take them in Exchange for their Silks, Stuffs, aik*. other Cbinefe ManufaAurcs and Products. Afterwards, fume Merchants of Macao had Permlflion, for it was not indif- ferently granted to all, to go twice a Year to the Fairs at Canton, and purchai - what they thought proper, who generally left Orders for fuch Goods as they (hould want next Voyage, that they might be making during the Time between the two l-'airs, which if they fpcnt there, it was always on board their Ships, as well tur their own Safety, as to avoid the extreme Miflrufl and Info- Icnce of the Chinefe, and they were obliged to pay large Sums to the Viceroy for Leave to trade. It was with thcfe Goods they carried from Canton, and thofc that the Chinefe Junks brought to Macao, or what came in by Land, that the Portuguefc formerly compofed all thofe rich Cargoes that they yearly fent to Japan, Manillas, and all the Parts of India from Goa to China, '.vhcre they carried tlitir Trade to, before the Dutch Ciinc to interrupt them. At prefent this Trade is almod reduced to nothing, and they enjoyed but few Advantages from the Treaty they made in 1680 with the Court of Peiin, by which it was agreed that they only Hiould tranfadt the whole Commerce of Cfjina, exclufive of afi other Nations i this Privilege having lafted not quite five Years, as the Ports of this vaft Empire were opened, as before mentioned, in 16B5, to all thofe who would come to trade there. "^1 t « r. Commerce of the Kingdom and Pcninfula of Cok^ A. TH E Kingdom of Corea, called alfo Caoli, and Tiicena 'k, extends from tlie thirty-fourth to the forty-fourth Degree of Latitude. On the Soutli It is very near to Japan i and on the North it joins to China by J lii'^h Moui .m, which keeps it from being an Illand. The Country is not cqu; lly ♦* rtiht, as the Northern Coaft produces hardly fufficient to fupport its. Inh.jMn s, v.no only fubfifl on bad Barley, and are clothed with Anii;»als' Skins; 'iift on the con- trary, the Reft of the Kingdom produces in Abund.uice all NeccirTics of Life, bclidcs Cotton, Hemp, and even Silk, though they are ignorari ? \v to ht i' for Ufej here is alfo found Silver, Lead, Tiger ' vins, Nili or Gial'eng !lof.>r, fc much cAcemed by the Tartars and Chinefe, a Q itity of large and fimdl C. "l ;, morj cf{)ccially Horfes, Cows, and IIoijs, i .c Coreans hardly trade with a/./ others than the Japanef, and the Inhabitants of the Ille of HuilJimu, IcatcJ between Japan and Corea, who h.".ve a Magazine ur Depofit for their Merchandize, to the South-Haft, and in the City of Poncbant. The Gootls brought to Corea, are Pepper, Brazil Wood, AUmn, Buffaloes' Horns, Stag and Buck Ski/is, and other ( )minodities } even Ibmc troTi Eirope, which the Dutch and Chinefe iL-ll to the j.ipanefe. All thefe Goods arc exchanged and trucked againll the Manufa^urcs and Produdls of the Country j and tlie Careans have alfo fome Trade dircdiy to Pckin, and the Northern Provinces of China; but this Uuimefs is of lb great Expence, as it muft be carried on all by Land, and on IIorl(;back, tijat only the moll conlidcrable Merchants arc capable of un- dertaking it; it is thofe of Sior who go thus to China, and are not leii, th^n three Mcnth in their Journey, the whole Commerce confifting in Linens. B Thl» I ■ 'I ' ■:|' 8v CI'NFRAI, COMMI.RCr. Ol- TFIF' WOKli). dow Sftdifs, iiirtcaJ oFCilalsi (iolil and Silver figured l'a|>crj all S'ris of lir;;c I''ans, varioufly talhioiicd i very tine Mats, which Itrvc in Summer inllead ol'Mit trifli'C* InlO *'' *'*'* ''*'*l^^'''''^ i'iit ifi*r\l I'lti'ill fki tl/ni('ll u.lA f )i I lilt If ir>e 'ir/* iViii(iiii«.. ill China, ( 1 {^rinit ,.r^-. ••., - n- - .-• • '- l'"i(h taken tVoin iome l.iri^e Shells caiij;ht in the Sea of ynfii/i; heliiles which they . arry there large Sums in Silver, and with them purthale the fineil r.iw Silk and CDtton, Damalks, a Sort of Stiift' mixed with Silk for I,inint;s, 'lea, I'orcc- all Sorts of Kitch'Mj I'urniture in white Copjxrr, and Sahlcii" Tails. oiifly talhioned i very hne Mats, which lervc in Summer inltead ol Mu- [making Tobacco cut very finall, of which vaft (^intifics arecondnned Hi (./'/«<;, where it is better ellwrned by the Natives than thtir own ; a llriivd Cotton i'loth; a ^ort of Skins wliich the Rii//i,i>is call C'horky, whitli ate fiJiiin" in grinit Abundance here, and for which theieis .i large Demaiul at I'tiiti; a drie I'll. ..I 1*. r....... 1 .>.»• CU..IK- .'.li.rVit ill i\\n v;.,, ,,(' •'/,,{,,„, (...I'l,!,.. t.>l.;..i iaine. Tr title of //v IJltititls in Asia. TH li trading Uks of which I intend to treat, arc i/'/. I mijjht here alii) take Notice t)f the Ille of Amiiin on the dall ol Cl'lna, and that ol" I'oinn/o, where the Putrli built the I'"ort o\' '/r/jm/-, but this having rc- turneil in i66i under tiie Dominion of Cfu'iui, and the Eur 'pciini cnrrying on no Trade to cither, I ihall contciit myfclf with having only mentioned theinj and follow the lame Method in treating of thofe above mentioned, as I obfcrvcd with the /l/uitick (.'ontineiit, that is, to fjH*ik of them as they lie in our Way, on advancing info the Oriental Sea, and fo to run them over from the Mii/i/nn, whii li full |)refent chemfel.es, to the IlKs of y.//>«• given, and whofc I lodue'l thcfo lllis arc Co ttlcbratcd for, iU)i;s not yield ihe cdihic Nut, hut one only ufcful in Mcdicinw, being cftccnu-d by the Indiiim very goixl againft Poilons, Choliiks, Fevers, and Aftc('lioiu of the Nerves, for which they come to Icck, and purchaic it at a very conliderabic Price. . , 0/" C F. Y L A N . I *T* IMS Ifland, called alfo by fomc Cyluti, is fcatrd in the fndum Sen, at forty-five ^ Leagues Kaft from Cape Cornvrin. Its Lcuj^ih is about eighty Leagues., be- ing I)etwtcn the fixth anil el'.vcnth Hegree of Latitude, its Cin unitcrcncc more tli.in two hundred, and it is lup|)oled to Ik: the l r.ipr.batu of the Ancients. The Portufiwjl' difcoveicd it in i 506 or 1 509, but tluy cmdil oidy fettle on the Coafts, without having ever been able to (K-netrate into the C omtry ; they enjuyeJ thiir Con«)ucrt, and the ( iiinamon Trade, for more than a Century, when the Dutch having begun to nuke thcmlelves known in thcle Parts in 1602, (twin after ft'izcd on f>/;/i' Point, and liuct (lively made themfelves Mailers n| all the other Forts, till they had chafed the /V////<,(;//(;/f entirely Irom the llic in 16;;, by the Capture of C'jlumho, the fined aiul lliongeft of all tluir Cities, not only in Liylan, but in all Iniliii. Thit< Coinpiell was made with the Aliillance ot the King of Ctindi; and one Claulc in the Treaty was, that this Plate Hiould be put into his Hands; but the Dufch havim; th()uj,ht it inoie for tluir Inteieil to keep it them- felves, were fo(.n embroileii wiili their new Ally, and (rom that Tiiiie to this the Concord i:. nothing belter between them, than it was bch)te between the C'//;i;.//i'i, or i'ingtiliiis, aiul the I'nrlui^uijf, the Ibimer being prohibited on pain of Death to have ai^y Coii.nicne wi'ii the DiUrb, though this mull be underllood of the mountain il.'ni^ii/a, who lieldngto the King of Cttruti, and not the maritime Ones, and thele arc the HJIitium' Subjects. The I' nil, '.> in \(ij/. attempted an Kllnblinmicnt in this Illand, and the King of CiD.Ji, who wouli! have been plt-aled tooppofc ihciri to the Dutch, as he had be- fore done thele agaii 11 the P^.r/ugn.j., granted them by Treaty the Port of Cottuir, Icated on the Hi :t;.m of Trin'/n, m.hV Hay, in the eaftern Part of the llle; but the Juitcrpri/e of >)V. 7/"/Wi/f, in svhiilj Admiral Dtjhuyes lightly engaged the I' t inch bquadron then under hi> Command, hindered his lupporting this Settlement that he had l)egiin, and • i War which was then declared between I'raiice and the >S'/(//r/ (ifUfriil, .laving artbiiied Opportunity and Time to the Dutch for dilplning the Ffcnc/.', they remained in their firft Poflefl'ion, that is, folc Mailers of the Coafls and Cinnamon 'I r.idc, but always ill with the mountain Cinj^it/cs, \\I;o continually rcpro.ich them with their Infidelity. The principal Places that the Dutch have on this Ifland's Coaft, which they entirely pcllels, except fomc to the Weftward, arc Columbo, the Capital ol them, and the CJovernor's Relidciue, Negomio, ALuuia, Gale, Caliaturc, liateci.'o, and Irinrjiicmii/r, xwo Ports to the Haft, bclidcs fevcral Habitations. 'i'hcy have alfo the Ifle of Muniin, and the. Kingdom, or large Pcr.uif.tlj, of yaJjiiHtipiitiiu'ii, both to the North. 'Ihe Commodities commonly found in Cry/an, and which are colleded with very little Trouble, are long Peoper, Cotton, Ivory, many medicinal and dying Roots and Orugs, Cardamoms, inilk. Tobacco, ElK)ny, excellent W Ood for building, Lead, Betel, Arequc, the bell in Jndiu, Wild Honey, Mulk, VVa.v, Crylbl, Saltpetre, lirimftone, Sugar, Curcuma, a Root for Medicine and Hying, Rice, of which the Jjntch carry larj^e F^arccls to the Coallof Conimii.J,/, hem. Steel, Copper, CJold, Silver, and all Sorts of pre- cious Stones, except the Diamond, Cinnamon, and LIcphants. Though all thele Commodiiits abound in the Uplands, lutjed to the King of CfcW/, the Dtttch have them not in liich Plenty, and but lew of them, except the Cinnamon, when the i'.iiigal,i:s do not dare to venture on a Breach of the Prohi- bition for their trading with the lljILinders; it is therctorc principally with this Aromatick that the JJwa/) lupport their Tialhck here, and it is not the whole Ifle that produces it cijually, here being many Places where but little grows, and more where 8], hi Mi if l»fi : i Si, 832 (JFNl.RAL COMMKRCI, Ol- 1 111. WORl.O. where tlicrc is none at all. I'liat called the Cinnamon FicUl or (i round, and which belongs entirely to the lliifih, is from Ni'gamho to Ciuliettis, a Village three Leagues to |hc I'^all of l-ort Miilurc, whii h comprehends a Part of the Wcftcrn and Southern Courts of the file. The IkII Cinnamon is that in the Neigh- bourhood of C^/uw^o and Nfgombo; that of 6W(' Point is alfo very good, and tlie ReO but middling ; it is dillinguilhed into three Sorts, viz. the line, middling, and coarfe, of which the young Trees ,troduce the fine, and of a worfe Quality in Proportion to their Age, though the Bark mull at lead be two or three Years old. This Tree multiplies greatly, and almoA without Culture, but the Dutch hinder their Increafe, to malii" this precious Bark more fcarce and v.duablc. The Cinnamon Tree comes very near in Charafters to the Laurel, that is, in Flower and Fruit, and the Natives fuppofc there to be nine different Sorts ; foiiw diftinguilhed by their Smell and Tafte, and others by their component Parts j among which is one that fmclls ftrong of Camphirc, and another with a thorny Trunk and Branches. The Seafon for barking and getting in the Crop, is JurUt yuly, and ylugu/i, and it lafts three Weeks or a Month, according to the Quality, gathered ; between three or four thoufand People arc employed in it, all of thctn enrolled, and difciplined with as much Exadlnefs as regular Troops, that they may perform their different Fundtions unconfufed. Next to the Advantage arifing from this Commodity, the Dutcb reap the gre-atcft from Arcquc and Elephants, which the Natives cultivate and hunt for them, by tranfporting them to feveral Parts of India, where the firft fell in Pre- ference to any other, and the latter will fetch from fifty to eighty Pounds Ster- ling each. cySuNDA or Son Dt I/Ian Jj. 'T' H E S E are a great Body of Ifles, Ijing in the TnJian Sea, to the Wcftward of •*■ the Moiucques, from the eighth Degree of North to the fame of South La- titude, and between the hundred and thirty-eighth and hundred and fifty-eighth Degree of Longitude, of which the three prmcipal ones are, Java, Sumatra, and BotTii-o, as well for their Extent as Commerce, of which I fhall treat in the Order I havehere placed them. 0/ Java. *^AVA, fcated to the South oi Sumatra, reaches from the Straits of SunJa to ^ thofe of Baiemboang, which is about two hundred and twenty four Leagues j and its Breadth being unequal, the Circuit may be near four hundred and eight/. The Dutch are at prefent the only Europeans ebblifhed on it ; having firft ini- quitoufly polTeflcd themfelves of the Engiijh Settlements at "Jacatra, and afterwards that of Bantam, they have fincc hindered any others from coming here. The Javant, jealous of their Liberty and Trade, did for a long Time rcfufc all Europeans Leave to fettle in their Country, till the Englijh towards the End of the fixtecnth Century, landed, and were, by the Emperor of Java, permitted to build a fmall F'ort at Jacatra, with Warehoufes, and a Lodge for their Fadors and Goo'^.i; and the King of Brc ttic ll'liiinilcn hicame Martrrs of Itnihim, the y,iv,iin, whit \\t e mfu- r.illy horn for Triuk', cirricil on u very lonliilrr.ililj one tliciiilvlvi'.-, not ol' thi'ir lll.urls, hut to tlic mod Kinon \'\.\^.:s o\ l::,ii,i \ .iiul thou ;h this IJiifini-ls is i;rc.iily (hmiiii,it. Cotton Cloth, Counterpanes, Matts, fotas, a Sort ol' Women's Drefs, I,aei;ue, Iraid'parcnt Relin, Tortoileihell, Pewter, Lead, I'orecl.iines, I'c.x, Sand.il-Wo )i1, Ivory, Ei/> apKin (.'tiH^ii^, Cinnamoii, Nutmej^>s, and Clove,, whiih Spice they are ohlived to buy of the j^-uci', except titcy can claiukilinely procure loniC of the r.vo I..1I Sort.s from the .''//.Vivwi ami luiiiiia, to which they are very near Nii ;;hhinUo. The principal trading Cities of the Ille are r>it/itm/)"ii/t^, l\uhiroCi'>', yfiarjon, and Citlaicr, ofwhii-lithe Dutn'i haealmoll ruineil tlie Trade, tod raw it to yiij'i.rtt, wlKre they arc . diallers, which lies niiKt\- four Leagues from ;'^w.',i>: he o\ Hanlum extends his Dominions even into the Ille o\ Stimatni, on the other Side of the Str.iits, wheix' he polielles .SV// /wr, Dtimpirt, and l,ii<)ip(,ri. Bntitiini Wii!:, before the I'.urcfxuins had penetnUed into the F,.i//, one t'f the moft trading Cities of //.•,//,/ ; lUc ylni/'ii.-nt, 'lurks, Mcors, C/.'iii;i/,i>i, ihc moft pdwrrtiil Mon.irth ortlK- Mo. Iii 1619 it t(K)k the N.mic of lluif.m, tliuu^h it w.is nut rtiiiilii.tl ami put in its prc- fcnt C'oriilitiun till 1660, This new City, whicli skVU in nothiiii» to the finell in IIJ/i'ii,!, cither Un the Length of its Stiicts, Maj-nirtccncc of its UiiildinjM, Convenient y of its Ca- n.\U, anil Deanty of the evcr-grccn Trees planted on eatlj Side, is ddeiukd hy a Cit.u)ci with four H.illions, fdiiiuicdon Piles, in which the Company aluays niiin- tain a (J.irrilbn of a thoufand regular Troops J bcfides whiili Ko'tititation tht-re arciiivers advanced Polb within Land, fult.iiacd l)y Redoubts, 01 fin.dl Forts, to cover the 'oldiers frotn the Fxcurfions and Surprizes oftlic "(.tvam. The City is jKopled with divers Nations, of vvhicli tli;* Dut^h ni.ikc ncirh.if, and anionj^ them are fomc r^rtu^iiif,-, thou:;h almofJ all of t'lem 'rotcilmt!!, who have tw) Churches here, wIkmc th • Miiirt.r; o;iiciatc i.i t!icir own J.iii- guagc } the .l/,//<;v.»«/ have alio one, and the other Inhilftants are permitted the free Fxcrcife of their Religion: Tiic Suburbs reach near half a Lci(;ue into the Country, and form a larj;iT Town than liatavni it(elf, peopled witli Cbi/irl':, Mun, ytivtint, dnd i\Iii/iiyii>n. and alfo miny /J ///le of making any City rtounlh, arc nothing in Coniparifon with thofe that the Company's injujcnle Trade brings here, where all Sorts of /■-"(./■//'.///and /f//i/'/ Coinino'.lities :mc a nilKd, and their VVarchoules well fiilnl, either for lading tlii.ir Miips bound llm.ie, or th )lc dellined for the Trailc of Clirti, ''fii/iin, all //;y;.!, ^/r.i//,i, and the A; ,/ Sea ; liiitaiia being the Centre where ii! tiie Company's Fffeiftsent^r ind go out, by a perpetual Circulation, and ahva)> uiih an incontcivable Ad vintage, though conlidcrably diminillied I y the ir.iiiret't Gains of lb many prmcipal Directors, and their Subalterns, through whole Hands all the Affaiis oil's, and who. in I'lices fo diflant, arc apt to torget their Conditions, and tliink themlclve^ Mall. is of thol'e Lrt'efts, of whith they arc only Dcpolitaries. The Council of liataxiii has eight Governments fubjedl to it, vtr. that o( Cr.-hvt and CiroWii/.d , in the citidental Peninlulaof the Gdw^w; that of UaA/avi, at 'n; Extremity of the oriental Ptninlulaj fouron t\\c Mo/ud a llles, whieh are IWaca/, , ^tiirjimi, Ttr/.iilf, and htimUi ; the eighth is that of the Ca^c ol Oood-Hp,-. After thefe C;overnmcnts there are three Uiredions, each filled by a Chief with thcTit'.eol Diicdor, the one in Pfrjm, the other at Suiut, and the l.id .t /'< ^^ /; the DirciJIor of tht tirll relides at (lamnuron, and has llie Lodges at Up.'hau ,.nd Kfrnum in his IJcpendance j that of Surut, where the Diredor relides, has under it the Lodges of y/wWiv^rf/, larochia, ox liroclia ; and that ui Bengal, vv! ich is very cxtenlivc, has its principal Settlement at Ougli, where the Director reluies, anu has under his Direction that of Caztmbiizar, litHii/ir, Dacti, J\i,/ui, and C/)i'y/>i^ni J /'./>(/; bcloin^td to it loi iiierly, but the Company have abandoned it for a long Time Four well fortified IMaces ferve to guard the country, wiv.reare many FAablininients, the chief of which bear the Title of Coinmandcrics 1 of thele thtic aie two m Ciy/tin, mz. Point Cti/r, and Jitjfiiiiiipiitiium -, the other two are CuLi^ on the Mu.uijiir Coall, mA Stimarun^ on the Coal! ui j'liwi. The oher iaClories or Lodges arc thole on the Coaft of Corcmuni/i/, under the Goven.or ol P\a^iipat',am , thole ol "^ina Ipecitied in this Section, under the Conuiiar.'ier of ^amutatig -, Moic oi Suimitni, whmh wvc I'lilimlhing, "J mbi,A\\A PuM.r.r, arc independent of all others but the Government of li,itti\io ; i.i line, thole ot Siam .um! japan, which are judia and Ligor for the tirll, and Maugojaky for tlic fecond ; ana tiiice Lodges lubjcct lijiely to the upjK-r Regency, although their Chiefs hjve only the Hank of Merchant. They had Ibrtneily a ^ettlement at 'lo>:'juh., but they abandoned it in 1700; lb that from the preceding Account may fcc gathered, tlut of Factories lubjeCt to Governors, Directors, and Commanders, which are the molt eonlidcrable ones, there are fifteen, ana ol the other fubaltcrn Settlements, fmall and great, from fifty-three to fifty-five. This O F ASIA. This inuml in the P'ort fcriilc and [wpiiloiis of nny in the World i here groW an im xi'^t'il'lf <|^ii:uitity of Riic, iitul Ccito.i Nut Trtrv, v-liii Ii .'.re the |irit)(.i;>-l I'oMlf't the N.itivt-n. All borfs oi Jiiilinii Iriiifs iirc li-iiiul here in Mitity j lliu ]-oiiitcd« til ' ncihih,; hitter or n. on* nmvtnicnt loiild poHihly Iw dclircd, which lb llrtdizc the I ;-.nds, 's fo rroi hit Ahiindance, .:nd this the t()n^^rc;;atiiij^ ofluch.i Niriiber tif Inli. Mtants, who are naturally addidal to Trade, which the many nivi;iablo Kixcrs liert vreatly luntrihiitc to their carryinij on. Wild at, I tame Fowl abounJ ii anextridiilinarv ^^anller, a lien bcini; worth \v> more thm a I'tiiny iitcrlinj;. W-re ifc .tags and wild Loars in I'lenl , flliii oiehs and Ir-crs arc trcqucnt in the V\'(K>its, which arc very thiik on the Mo iiiliins that j.'ariiini the Illmul, and thefc b<;, winch arc twenty- eight I.caijuts lonj;, ;inii from them to l,.'.im are five I,e'j.;ue more. iiitiniii, lihcwile treated of, is twenty Leagues to tlie l.iilwuid of lUinfamf And CiMr:hii, uhcre the Dtiuh have a well fortified Fadory, is a City dillant .""roin Biifdvia forty- ei_;ht Leagues by Sei, and c:impofed'ot near ei.;ht th. ulliml I'a~ niili.s, in as mar.y Houks, fome of btone, others of WckhI, but tb.c jiieatcu Part ol Han'boi..s. This I'lace produces a good dc.d ot Rice, 'I'in.bLr, Ifiiii^o, edible Bird's Nellc, OV. Tii^ii/ is another City where the Company have a Fort and I.od^ic, twelve Leagues to the Lart ot the lad mentioned, than which it is a little bigger, and its UuilJings nnich the Cwmc. ii,>marain[, twenty-two Leagues from Tii^al, and about fixty-eight from Bu' ta\ia, is a City liii rounded by a I'lain, and croll'ed by a River th.it receives L'arks and finall Wdels between its Mouth and the City ; it is the biggcft on the Coafl ■jih-.T Fli:f!(i:/n, aiui fuppofed to contain more than twenty thouland lloufesj the Coinpanv have a I'attory and I'ort here, which commands all the others that arc on the Coall, the Chief bearing the Title of Commaniler, and is the fourth that it his \\\ IncHii. The (7///(/i, who have fprcid themfelvcs on all this Coaft, as well -IS in tlie otlier Itles, aie very inimerous in this I'lace, by whole Means the Company cone (ponds with ih.c'Jwcan Court kept at Ciirtiijhurit, a good Way Within Land, as the Fmperor ha? for many Vears quitted Matartim where he forii.etly refilled; it is reckoned tour Days' Journey from Slimming toCiirtii/ium, aiui \Ii.inim is another Day's 'I'ravel farther to the South, 'l>ji>,iluiyu is a City on the River, a good League's Diftancc from the laft treated of, with near fix thoulaiul I loufes or Families } and at nine Leagues farther on the Coaft is, Jtiptitii, a large City walhed by the Sea, that may contain about ten thoufand F"aniilies, where tlie Diih/.' have a i ort built on a River : And twelve Le.igues from hence il.uids the City of y«^•<;^ ii fill ! ; . t 1 I <: I I »i i* IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 128 ^ y^ ■ 2.2 ^ |i£ 12.0 Hiuu I |i.25|||,.4|||,.6 < 6" ► y fliotographic Sciences Corporalion 23 WEST MAIN STREET WEBSTER, N.Y. 145S0 (716) 872-4503 ► > ^ 836 GENERAL COAIMF.RCK OF TllF, WORLD.' Sourrt/umi is a large City twenty Leagues fioni Ct'i/iihu, llatcii in the StraiiM of Mdiliira, and upon a River, a l,ir::;c League iVoiii the Sea. It has mure than ten thouCand Houfes, of wliich a great Part arc built with Stone, as the C/jin,'/}, who are very numerous Iiere, a)\\ays build with this Material. Its Conuneree in Rice is very great, lb that it can lupply Trade with between two and three thoufand Ions, and Ionic Years double that Quantity j the Dutch h.wc a fine I'ort here with a Capt.!in's Coir.maid. PaoJJ'arotivt'n is a City fortified by the Javanef.; with above ten thoufand Houfes. It is thirteen Leagues from the lafl iiientumed I'lace, near a River, one I,cague from the Sea, the Dutch having a fmall Fort, at fome Diltance from it. The Trade in Commodities of the Country's Growth confifts in Carthame, or Baftard Saffron, Cattle, Fowls, Rice, and Birds' Nefts, all in Abundance. Pari(irouca7t was once the Capital of a fmall Kingdom, and is fe.ited on a fine River, containing about five thoufand Families, with the fame Trade as the two preceding. Balamboang, is the laft City fituated at the Eaflernmofl: Part of ^Java, on a Strait formed by the Ifle of ihi]i, having about ten thoufand Houlcs built alinoft all with Bambo, and abounds with Rice like the other Cities. The Fertility of this Ifland is inconceivably great, not having its Equal in the World J all Things are brought to I'erfedion here with Eafe, and but little Trcu- ble ; the Days and Nights are always equal, and the Heat, which is temperate, re- mains continually the fame, To that Fahrenheit's Thermometer never varies above four or five Degrees; the Earth is better, not fo r.-rrfhy, and lefs mount, inous, than in its neighbouring Iflands; fo that the Chiiiefe zxz very fond of fettling here, and fome come for this Purpofe almoft every Year; they likewife render it more valuable by their Huibandry and Trade, which the 'JavancJ'c nedeit, as they are more propenfe to Deceit and Cozenage than Labour. Thi*^ Rieh- ntfs of Soil makes it lb populous, that one may fee the Roads fwarm with I'eople in a fiirprizing Manner; the Rivers alfo, which are numerous, have their liorders thick let vith Villages; and belides the Cities now defcribed along the bhore, there are many within Land full as large and populous. It is reckoneu that Car. tajoura, where the Emperor's Court is, has upwards of thirty thoufand Houfes, and that Afrt/araw, which is the largeft City of the Itle, has lixty thoufand at leaft 5 in Fine, according to what the Dutch, who inhabit the principal Places on the Couft, have been able to difcover, there are in this Ifle forty large Cities and forty- five hundred known Villages, befides others yet uiidifcoveied by tlicm; and by certain Memoirs it has attn found, that thefe fame Places fome Years ago contained no lefs a Number of Inhabitants than near thirty-two Millions, in- cluding all Ages and Sexes; by which Calculation it may be feen, that this llland is three Times more populous than France, if the Difference of Territories be coi- fideredj as the Ifle of ^ava is not altogether equal in Bignefs to the Moiety of that Kingdom, which yet does not contain above twenty Millions of Souls *. (ySUMATRA. 'T^ HIS Ifland is about one hundred and ninety Leagues long, by fixty broad, ■*■ and fituated in fix Degrees of Southern Latitude, ten Leagues Irom the Peninfula of Malacca, and four or five from '^Java, the Separation between the two Iflands being made by the Straits of Sunda. Its principal Commerce coniifts of Gold, Silver, Pewter, Copper, Iron, Dia- monds and other precious Stones, Pepper, Wax, Honey, Camphire, Caflia, Sen- ders, Tortoife-ihell, Brimftone, Rice, Sugar, Ginger, Benzoin, Ambergris, Jet, Dragon's Blood, and Rattans. The Gold is found all over the Ifle, but more cfpecially between Tkou and Maningcabo, 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 greatell c;^an- tity, which the Collectors, who are Demi-Savages, give in Exchange for di- vers • Memoir MS. of Dr. Cmcm, OF ASIA. vers Commodities with tlieir Neighbours, as they have no Trade with Strangers; thofc of Maniiigcitbo give in Truck Arms, Iron Tools, and Cotton Cloth; and thofc of Priaman, Pepper, Steel, Salt, Surat Coverlids, &c. Almoft all the Ifland, except the middle Part, produces Pepper, but the Places where moft is gathered sire Andaugeri, yambi, Palimbang, and above all. In dra-Poura; though Ticou^ Sillebar, Maningcabo, and Barros yield fome, but of an- inferior Quality; yet a large Quantity of both Sorts are annually fliippcd, as well for Europe as India. The Brimftonc is found at Pedir, where there is a Mountain of it; and near to this City it is that Reiin, called Sumatra Balm, is colledted. The Diamonds and precious Stones come from abroad, particularly from Borneo. The other Drugs and Commodities grow and are cultivated in the Iflc, efpccially in the inland Parts, Benzoin being the Produd: of Barros. Befides thefe Places before-mentioned, fome Trade is carried on at Achem, Pa- cem. Deli, Arou, and Campara. Achem, fituated in the Northernmoft Part of Sumatra, is the Capital of a large Kingdom, and almoft of all the lile; being the moft healthful Place, as the others have generally a bad Air, from the Waters and Lownefs of the Lands; it is here that Foreigners tranfadt the greateft Bufmefs, and the Road iS feldom without fome EnglJjh, Dutch, Portuguefe, Dai:i/}:, Chinefe, Guzarates, Arabian, Perjian, Al^Jjin, 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 Silk, Fifli, Butter, Oil, Arms, and Warlike Stores, Silver, and more efpecially Rice, which the Englijb, Dutch, Danes, and Chinefe bring in large Quantities, as this Part of the lile is entirely deftitute of it, white, red, and blue Salampours, Percafles, Spices, and Opium, brought from Bengal. The Dutch have four or five Forts and Fa( Chinii, between thirty-one :in(j foriy DeprceS •*• of I.atitiulc, about two milrcd and eighty I-eaj',iics liill.int from tlie Con- tinent in fome I'laces, though in others not alwvo (ixty. The three principal (Hies are A'i/'/.nn, in whiih is leated Miutro, the moll important City of the Illes for Trade, Ximus, or Xlitio, aful Xiioion, or XIcho. A great Number of finall circnnijatent Illcs fiirroiind them, though but little known to tlie Eiinpi'iim, except thole oi I'innuh, where the l)ufi/.> had at firft fomc Settlements, and that of 'H'jH{ro, called Cikoko, where Nan^nfiki is built, the Seat at prefcnt of the Dutch I'raile, and which was fortncrly that of the Portuguffi, before their Ex- pulfion from yaptin. It has been for a long Time controverted, whether Niphon, the largest of thcfo Ifles, and fome others to the Nortii (jf this vaft Empire, do not join with ilrcat Tiirtary or to '"Ji'lfo, that Land newly difcovercd, and as yet but little ieareJ among them. The I'Dinnioiiitics which tlioy truck with the '^Jopanefe, arc Whales' Fat, and their 'J'ont;ucs (inokc\l :ind dried, l'"iirs, (Iver.d Sorts of Teathers, and other I'rodudls •£ their I/inds and (J.iine, luliilcs lumc Hemp which they Ipiii, by holding it between their Teeth, and twilling; it with the I'alms of their Hands. The Jnpmef: Mer- chants vilit them oiiie a Ve.ir, and tarry them Rice, Sugar, Silk Clothes, and otliers of a blue Stnlf cillcil Kuni^tini Copper, Tobacco I'incs, and Boxrs, Cups, varnidied I'ots, and otlier fmall Kitchen Utcnlils, Silver Pendants, and Copper Kar-rings, Ilatcliets, Knives; ami in fine, all that they have comes from Japan. Thcfc I'eopic, notu'ithdandini^ their natural Savagenefs and Barbarity, are however very fuhtle and iMtellii';ent in their Trade, wherein they arc truly juft and faith- ful, witiiout any Inclination to Theft; in general they moftly eftcem Iron, and moro cfjvcially th!)fe under the forty-fixth Degree prefer it in their Traffick '.vith Strangers, to all other t-'oinmodities whatfocver. This linilliis my Account of the J/iatick Commerce, in which I have been as concife as the Nature of the Subjedt would permit j confcious of having already exceeded my propolcii Limits, though I hope neither uiineceflarily, nor unprofi- tablytomy Keader, whofe Information I have ever Aridtly confulted, rather than any Eafc or Advantage to myfclf. 847 'I , ..a fi JM y\ L»i Of tk' Commerce 0/* America. jIMT. R TC.'I was difcovered in 1 492, by Chy'ijhpher Columbus, a Cenoefe, though ^^ Amn-hus I'cfpuci:, a Vh-cntint; Merchant, who went therein 1497 and 1499, had tlie Honour to give it its Name: It is divided into two great Parts, that form a I'eninfula each, and arc joined by an Iflhmus, hardly feventeen Leagues wide. Both are denominated from their Situation; that to the North being called North' trn America, and that to tlic South Southern. This laft is alfo named Peruvian, anil the other Mexican, from Peru and Mexico, the two greatcft Empires that the Spaniards conquered in this new World; whofe Difcovcry having been made at the Expcnce of h'eriiinaml and Ifabella, King and Queen of Cajiile and Arra- gin, 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 un- juftifiable Claim, have each taken Pofleflion of what fuitcd their Conveniency in the one and the other Part; fo that the Portuguefe at prefent rtiare the Empire of Peru with its pretended Owners; and the Englip, French, Dutch, and Danes, are Mafters of the grcateft Parts of Mexico, and the Northern liles. America is almoft eiwironcd by the Sea, and is denominated either North, or South, America, according as the Coafts it waflies are fituated towards cither of thofe two Points of the Heavens; the South, being alfo called the Pacijick Sea. In the one and the other Sea, joined by the Straits of Magellan, Maire, and Browes, are feveral Iflcs, though many more in the North than in the South, this having none that arc confiderable; whilfl; the North has the Bermudas, Lucayes, ylntilles, and the large liles of Cuba, St. Domingo, or Hi/paniola, Jamaica, St, 'John de Porto Rico, 'terra Nueva, Cape Breton, or Louijbourg, and fome others of lefs Importance, and uninhabited. The Divifion of this new difcovered Quarter of the Globe is as follows, viz. The Spaniards, wlio were its firft Conquerors, and who are alfo the beft fettled here, polfefs on the Continent all Southern America, except Brazil, belonging to tlie Portuguefe, and fome Places in Chili, Magellan, and the Ifthmus of Darien, where they never have been able to fubdue the Indians, who are therefore called Indios bravos, brave Indians. Spain alfo occupies the beft and richeft Part of the Northern D'AnGtio Mijijipi, New Albion; and the Iflcs belonging to them are, Hijpaniola, otherwife called St. Domingo, which the French Ihare with them, Cuba, Porto Rico, Margarita, Lucayes, and fome others of Icfs Note, that the Spaniards only fomctimcs vifit, without having any Colonies on thern^ 4 Nett I-':; m %''\ m 848 .GF.NERAL COMMF.RCF, OF T HF. \VORLD. Next to the Spunifiit/s tlie Englijh have the moft flouridiin;^ Settlements in Am-- rica, as well for the Number of Inh.ihitaiits, anti the (^niitity of Ships fent there yearly, as for the v^iUiable rith Commodities they produce. The Frem/j Iiave in Tt-rra Finna, MijiiJ/'ippi, Ciiyenne, and fomething to'vard; the lliver Suritwm. Their Illes are, Martinico, Guadiihupi', and Santii C.r 'y, amont; the Antilles, They have befides the Southern Part of St. Damingo, and the little lile of Tortuga near to it. The Portuguije only poflcfs in America, the CoaO^s of Brazil, extending from the River of the Amazons, to that oi tit. Gabriel, ne;ir the River of Plate; this Coafl: is divided into fourteen Commanderies, of which the bed known in Europe are Fir'iambouc, the Bay of all Saints, and Rii Jiuuiro. The DtUch, fo well lituatcd in the Etijl-Imlits, are bad enough off in the Weil, where all their Colonies are reduced to thofe of Saba, St. Eujiatia, and JValkc- rcTi, all the fmalleft liles of the Carrihbees ; but to make them fome Amends, they poli'efs thofe of Bonaire, Aruba, and Cunifoa, which lying pretty near to Car- tbagcna, and Porto Bella, furnifli them with frequent Occalions of carrying on a very beneficial contrabaiid Trade, againft which the Spanijh Governors ufually (hut their Eyes. Surinam, at the Mouth of the River with the fame Name, on the Coaft of Guaianu, belongs alfo to the Dutch, as does Bamrom, Aprouvace, and Bcrbice, all thefe in Tcrru Firmi, and are, as one may fay, feparated by Cayenne, appcrtuin- in? to the French. In fine, the Danes are fettled in the little Ifle of St. Tbvnas, where the TLun- burghers have alfo a Fadory. This Illand is not very difcant from Porlo Rico, and they have another fmall one among thofe called the Virgins. Thefe are the only Nations lettled in America, and having fpokcof their Pof- feflions, I fhall now proceed to treat of their Trade, beginning lirft witii that of the Spaniards, as Matters of a larger Share of thole Parts than all the Rell put vogether. \ The Iflc of Cuba is the largeft of the American North Sea, after St. Domingo, which however it greatly fuipalles in its Riches and Commerce, It lies Eaft and Weft from twenty to twenty- three Degrees of North Latitude; it is about feur hundred Leagues in Circumference, and is almoft cut in two by a Chain of Mouh • tains, from whence iffue feveral Brooks and Rivers, whofe Gravel contiiins fonic 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 Illc; 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 produces, Sugar, Tobacco, Tallow, dry Sweetmeats, Ginger, Caflia, Maftic, Aloes, Sarfa- parilla, and a great Quantity of Tortoife-fliell. 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 Rico; from which latter it is only fepa- rated by a very narrow Strait. The principal Commodities that the Spiiniiirds trade in from their Part, are Hides, Tallow, Sugar, Ginger, Cocoa, Wax, Honey, fome Ambergris, Brazil and Guayac Woods, which grow here, and tiiat of Cam- /xr/if brought from Abroad ; in ti.ic. Lemons, Oranges, and many other Fruits, fold frefh, and of which moft excellent Sweetmeats arc made, both w .'<. and dry: Here are alfo fome Gold Mines, but fince the entire Ueftrudtion of the Natives, they remain unknown, and the prefent Poflefibrs have no more of this Metal, than what is found among the Gravel of the Rivers. The (Jity of 5/. Domingo, feated in the Southern Part of the Ille, at the Mouth of the River Ofano, is the ('apital of the Spaniards' Share in Hijpaniola, and the Staple of their Goods, cither Native or Foreign ; the Inhabitants of the other Towns coming here to furnilh themfclvcs with tliefe from Europe, and the Con- tinent of America, brought here in the Ships of that Nation, at the fame Time leaving thcir's for Embarkation. The Salt-ponds of the Iflc are almoft equally divided bctvveen the Spaniards and the Freticbt there being many in the Northern - 5 . Parts, \m- OF AMERICA. Part, where the latter inhabit, and not fewer in the Southern, where th? former have their chief Eftabliflunents: The mort abundant, and from whence the beft Salt is cxtrafted, are thofe of the Bay of Ocoa and Corodou to the South; and them of Caracal, Limonade, and Monte-Chrijio, to the North-Eaft. Here are alfo found fome Mountains of Sal Gemme, but they are neglected, as well as feme other Minerals-, which might become, with a proper Care and Application, a confiderablc Objedl of Trade. Porto Rico is fituated fifteen Leagues to the Weftward of Hijpaniola, 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 moft fpacious, commodious, and fecureft in America, or Irom the Quantity of Gold, at that Time extraded from the Mines of this Ifle. There is now but little of this precious Ore appears in the Commercial Tranf- aiftions of the lile, the Mines having been either exhauftcd, or negledted for Want of Workmen; here is, however, always fome little collected in the River-Sand, and particularly in the Torrents that fall from the Mountains, and moft abun- dantly in thoft of Mantanaboio and Cecubo. The chief Trade carried on here, confifts of Sugar, Ginger, Hides, Cotton, Wool, and Thread} Caflia, Maftick, Guayac, Mays, Salt, of which here are excellent Ponds, Oranges, and Lemons, frefh or preferved, and all Sortr- of Cattle. Its principal Cities are, Porto Rico, the Capital, St. Germain, Areztho, and Guddiamila, though the firft is where all the Bufinefs of the Ifle is carried on. Margarita, or Pearl Ifland, on the Coaft of South America, at eleven Degrees of North Latitude, was for a long Time famous for the Fifhery of Pearls, but has been deferted ever fince the Middle of the feventeenth Century, and this Bu- finefs transferred to La Rancheria, in the River of La Hacha, where the Sp3- tiiards fent ten or twelve Barks yearly from Carthagena, convoyed by a Man of War of twenty-four Guns, with proper Divers for the Oyfters. Of the Trade on the Coaji o/" Spanish America inth; North Sea. IT would undoubtedly be too long, and an unprofitable Attempt, to enter into an cxadt Detail of all the Maritime Town.', where any Trade is carried on, in this Part of the Spani/h Dominions; I fliall therefore defcribe thofe Places which ferve as Staples, or publick Storchoufcs, and where the Flota, Galleons, and Regiftcr Ship?, come to deliver their European Goods, and relade thofe of America. The Chief of thefe Cities in the North Sea, are Porto Bello, for Peru and Cajiile d'Or, or AVw 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 ; Buenos Ayrcs, for Paraguai and Chili; and fome others of lefs Confe- qucnce. Porto P.elh is no ancient City, having been- built in 1584, to ferve as a Re- treat for the Galleons, inftead of Nombre de Dios, fcated lefs advantageoufly, and where bad Air expofed both the Europeans and the American Merchants to many Diforders, when their Traffick obliged them to meet at this unhealth- ful Place; though the former is but fmall, and almoll as unwholefome as the otlier. It is here that the Fair is held, for a Month or fix Weeks, while the Gal- leons ftay, when the principal Dealers return to Panama; where they refide all the Reft of the Year. The Concourfe is fo great at Porto Bello, during the Fair, that the fmallcft Sliop often lets for a thoufand, and a middling Chamber for an hundred and twenty Dollars, only for the lliort Time it laftsj Provifions alfo aug- ment proportionably, and commonly two thoufand Mules are employed in bring- ing the Goods from Panama, and returning with thofe from Europe, tlie Diftancc between the two Places benig about eighteen or twenty Leagues; the chief of what they bring from Panama on the fiiid two thoufand Mules, is Gold and Sil- 10 G ver,' 849 m\ ■'i;,i it •u li :li,t , .'HI hi: M m i m\ Sjo GENERAL COMMERCE OF THE WORLb. ver, which is delivered at the Place of the Fair, and after being there weighed, and marked Iv the proper Officers, is thrown by with as much Negledt, till em- barked, in the Corner of fojne Warchoufcs, as Pigs of Lead arc in the Countries where they abound. I have al'eady mentioned, under the Article of the Spuni/h Trade, what Com- modities were proper for the IVe/l-IruUt's, and (hall now add, that the Returns from Porto Bella are in the aforeiaid precious Metals, Indigo, Cochineal, Cacao, now brought only by the Caraccas, or Guipufcoa Company, Sugar, Tobacco, Hides, ^c. The King's Revenues, being oii;;-hfth of all Gold and Silver, are generally fent home by the Galleons, as well as what appertiiins to Particulars, and which is delivered thcfe latter at Cadiz, after Payment of fuch Duties as the King thinks proper to inipofe. Corthagcrm is one of the four Provi.ices of New Ciijlih', whofe Capital, with tlic fame Name, is feated on the h'orth Sea, though very diftant from Porto Bello, to which it is hardly inferior for its Trade, and greatly exceeds it in Gran- deur, Populoufnefs, and Riches. It is one of the bell Ports in the World, and therefore made Ulc of by the Galleons for Wintering, when they are obliged to pafs that Sealbn in thefe Parts, and where they often call on thefe Occafioiis; befides whicli, this Plate maintains a great Trade with almoft all the Provinces of Mexico and Peru, and no fmall contraband one with Jtwiaica and Curapa. It is here alfo, that the Revenue of his Catholick Majefty, and the Eftefts of Particulars, are brought from New Cajiile, and the other three Provinces of that Kingdom, to be fent Home by the Galleons j thefe Commodities are Gold, Sil- ver, Drugs, Medicinal Plants, Spices, and all others mentioned to be (hipped from Porto B. llo, bolides fome Emeralds from the Mines, near the City of St. Fe de Bogiitto. Vera Cruz, called alfo St. Jofjrt de Ulhua, from the Name of its Port, is fituated at the Bottom of the Gulf of Mexico, in the Nook formed by the Yucatan; and is in fome Manner a City of the greateft Trade in all the Spunijb America, either on the one, or tlic other Sea; its Merchants fending their Ships in all the Nor- thern Ocean, and to the Illes of Cuba and Hi, Domingo, to "Jucatan, Porto Bello, Cortbiigcna, and all other Spanifi Places where any Trade is carried on: And though lb cxtcnli'e a Traffick might fuliicc to enrich a much larger City than this, it is liowcver t!ie Icaft Object of its Inhabitants' Commerce, as it is here, if I may be allowed the Exprcllion, that all tiic Riches of the Old and New World unite; tliofc of tlic firil brought annually in from the Manilla:!, and Ea/i-fndies, by the Way of Acapulco; and from Europe, by the Elotii; and the Produdfs of the latter, ci)llc>5ted here from all Parts of Mc\h:o, to be forwarded •. Old Spain. The Number of Inhabitants is not very confiderabie, as they hardly exceed tiirce thoufaiid; but thele are all Merchants, or I'adors to thofe of Mexico, among which arc many who have three or four huiuL-ed thbufand Dollars to employ. 'Ilie Fair begins on the Flota's Arrival, and larts as long as it (lays Jicre, when the Concourfc is very great; and in Cale its Detention is all tiie Winter, which Ibmetimes happens, this is the i'lace it remains at; though it generally lades in April, and departs mMay, if the Weather permits ; if not, continues here i\\\ Augujt, according as Winds and other Circumltinces are i^v'ourablc, or otherwKc. Porto Cavalh is the Place wliere all the TiaJe carried on between Spain and the North Sea with Uuatimala, a large l*ru\ince of Mexico in the Soutb Sea, is tranfiii-cii. Its Inhabitants are almo(l all i-udors to the Merchants of Gu.iti- mala, and their Iloufes Magazines for the Reception of their Goods, being a Port of greater Commerce than any in the CJuIf of Honduras, at whofe Bottom it is feated pretty near to Rio Dulce, called al(b the River of Guatimala. The Spa- nijh Ship thnt brings the European iVkrchandi;ce here, is one of the Regillcrs, conmionly of feven or eight hundred Tons' Burthen, laden, as I have formerly mentioned, with Iron, Steel, Paper, for writing .md print. Linen:;, fine Clotlis, Silks, Saffron, Oil, Serges, Ribbons, Thread, and fume fmall Ilard-VVarts, Mer- ceries, and Glafs Beads tor the Indians. 1 The OF America. The Goods which come from Gttatimala, are Gold, Silver, Cochineal, Indigo* Hides, Sarfkpirilla, Jalap, Mechoacam, Cotton, Balm, a Specie of Petrole Oil, &c. * Maracaibo is the Name of a great Lake, at the Extremity of the Bay of Ve- nezuela, as alfo of the principal Town that the Spaniards have on it; which, though but fmall, is well built in the modern Tafte: It has a moft excellent Harbour, and its Merchants are fo rich, as to build, fit out, and lade their own Veffels for all Parts of America, and fend them even to Spain. This City has the Privilege of a yearly Regifter-SIiip to lade the Produdls of the Country, and bring thofe from Europe fit for this Market. It is alfo the Dcpofitar) for the Goods from Merida, and of fome other Places on the Frontiers of New Grannda, and Venezuela, eighteen, or as others will have it, forty Leagues from Gibraltar, a large Town on the Lake, where the chief Merchants of Maracaibo have their Eftates. It is from Merida that all the Gold, Silver, and precious Stones, are brought to Maracaibo I and from Gibraltar, the beft Tobacco, and the moft ex- cellent Cacao, that all the Continentof^wimc^ produces. The Commodities proper for the Bay of Venezuela, and the Lake of Mara^ caibo, are Linens, Silks, Wines, Tools for Agriculture, fome Hard Ware, and fmall Mercery, and many other of thofe I have formerly mentioned. Buenos Ayres, fituated in the thirty-fifth Degree of South Latitude, is built on the Southern Bank of the great River of Plate, on the Declivity of a little Hill, at the Mouth of a fmall River, falling into the great one. It contains near four thoufand Houfcs, all Earth, except fifty Bricks; its Inhabitants are rich, and owe their Riches to the great Trade they drive, both at Home and Abroad. Its inland Trade is with Paraguay, Chili, and Peru ; and the foreign one, firft> with Brazil, where the Merchants fend their Ships, although they will admit no Portuguefe into their Ports. Secondly, with the Spaniards of Europe, who lade f-vcral Regifter Ships, to bring here all fuch Goods as I have mentioned to be -it for Porto Bella. Thirdly^ with the Engli/h when the Affiento Trade fubfifted ; and fourthly, here come many Veflels from feveral Parts of Spanifi America. The chief Commodities exported from Buenos Ayres, are Hides, of which vaft Quantities are (hipped here. Cochineal in fmall Cakes, and Vigr tan Wool, both from Peru, Coquimbo Copper, Paraguay Heib Tobacco, Loaf and Mufco- vado Sugar, Cotton Thread, yellow Wax, and what elfc the Cities of Paraguay and las Corrientes produce; in Truck of which the Inhabitants of thofe two Places take Knives, Sciffars, Ribbons, Taffeties, Linens of Dretagnj, ri>.''.vered ditto of Rouen, Silk Stockings, Englijh coloured Flannels, grey Caftur Hats, Silk StiiiFs, Cloth, and Peru or l^ito Flannels, as no Caih ever comes from or goes to either of the &id Cities. The Bay cf Campeche, and the Coaft of Caraccasi ought alfo to Iiave a Place among the trading oncoi Spanijh America in the North Sea, a; the firft abounds with Logwood, the Dying Wood, fo much efteemed in Europe for Blacks, and Violets. The City of Campeche, which is the Capital of tiie Country, is feated in twenty-nine Degrees of Latitude, and the only one that there is, from Cape Catoche to Vera Cruz. 'The Goods extracted from hence, betides the aforefaid Woods, are Timber for Building, Wax, Sugar, Caffia, Sarfaparilla, and Hides. The Caracca Coaft 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 tjlavas to cul- tivate the iaid Nut Trees which produce the Cacao lefs in Size than what is ga- thered in other Parts, yet this is efteomed the beft in Quality of all that America yields. This Coaft affords little Trade befides this Fruit, though here are fome Hides and Silver, but thefe arc contraband Commodities; and the Goods moft ven- dible here, are feveral Son; of Linens from Europe, and Calicoes from India, Brandy, Earthen Ware, and feveral other Manufactures of England, France, and miland. H^ I >i "*! V m ;<*ii III Of 853 bENEUAL COMMERCE OF THE WORLD. V/'t/jL' Cowmffcr of tite Spanish American Coq/ls in t/jc' South Sea. THAT Part of the Ocean, entered from the North Sea, by the Straits ol' Miigi'//na, Maire, and Bowers, and wliith waOics tlie Mci-idioniil Coails of ylmerica, from the faid Straits to the Illc of Califuniia, is culled the South Sea ; .it is alfo called the Rett Sea, the Pacijick Sea, the Sea of California, and the Sea oiJxiD'o', but this is only when a Part is to be fpccified, the Name ofthe&tt//6 Sea compreiiending the whole, when fpeaking in general. The principal Cities which the Spaniartis pofl'els on thefe Coafts, and where they carry on the greateft Trade, going up them from C/jt/i to Ncia Spain, are Baldivia, the Conception, Valparaifct Jirica, Lima, and Callao its Port, Paiiaim:, Acapulco, M\A La Naiidad ; befides which principal Plates, here arc a Multipli- city of fmall Ports between them, that cither ferve for lading Places to fome inland Cities» or for carrying on a coalling Trade, with the Produds ofe.ich par- ticidar Dilkidl ; the chief of which are Auroca, Lavelia, Gtiiarmc, Paita, Ric- I'oinba, Selaques, the Trinity, St. Michael, Tomaco, Sanfonnat, Sagno, Na/ia, Pifca, Pachacama, Barbacoa, Tecoantepeque, Nicoya, Chiricito, and fome others. Bi'tdivia, La Conceptione, &\\d f'alparat/b, are fituated on the Co:i(lof C/6/7/, and it is in tlicir Ports that all the Trade of this Kingdom with tliat of Peru is tranfadkd, as the Way by Land, although Ihortcr, is both more ditHcult and dan- gerous, on Account of the Mountains to be eroded, which arealmoft all defert, and fo dilHcult of Accefs, by the extreme Cold always reigning here, tliat there arc but few Merchants who care to run the H.izards of them ; and the other Road by the Defart of Datacama, notwithltanding it is the (liorteft, is not lefs ditKcuk through the Want of fre(h Water. Baldivia is the fivfl: City found on the Coaft, after parting the Straits of Ma^ gcllan, and is fcatcd two Leagut from the Sea, in the fortieth Degree of Lati- tude, between the Branches of two Rivers, which at their Mouth form one of the fineft and fecureft Ports on all this Coaft. The Gold Mines, which are not very diftant, and more abundant and rich thar\ any other of Chilis rendered it formerly very famous, but the Revolt of the Arauco Indians, who invaded and took it in 1 599, and whom the Spaniards have not been able to fubdue fince, has greitly diniinithed its Reputation and Trade, although thefc latter are re-eftablillied here, and maintain a Garrifon of two hundred Men. Its principal Trade by Sea is to Lima the Capital of Peru, where they yearly fend eight or ten Velfels of four or five hundred Tons, laden with all the Produds of the Country, among which are Beef and Goats' Skins, Tallow, Salt Meat and Wheat. And the Returns made by thefe Ships are in Wines, Sugar, Cacao, Spiceries, and all Sorts oi Euro~ pean Merchandize, that arrive from Porto Beth to Lima, by Way of Panama. Its Inland Commerce is to St, Jago, Capital of Chili, through which it receives from Buenos Ayrcs the various Commodities mentioned in treating of the Trade of that famous City. La Conceptione, reckoned the fecond City of Chili, counting Baldivia for the third, and St. 'Jago fo/ the firft, is f;/enty Leagues from this laft, and fixty from the other. Its Port, in Form of a Plorfe-fhoe, and from thence called by i!.e Spaniards Hcrradura, is five Leagues from the City, to which light Vclfels go up by the River Andalien which croifes it. The Mines of ^ilacoya, and %;- lacura, are only four Leagues diftant, and the principal wafhing Places of the Kingdom much about the fame ; it is here that on feparating the Earth from the Metal by this Lotion, that thofe Lumps of Gold arc difcovercd, which are of the greateft Purity, and fo much enrich the fortunate Finders : And wnich, as well as all that is extradcd 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 great Quantity of large Cattle and Goats, the Skins of whicii lail tliey make into Cordovans, and fend thele with the otlier Hides to Lima, from whence, by Panama and the River Chagre, they are tranfportcd to the Nv)rth Sea. Thie other Commodities in which they trade being much the lame as thofe of Baldivia, with the Exception of Wool and Cloth, and other 6 Stuffii iis! OF AMERICA. Sturfs made in the Country, and the Ships which the Inhabitants fend Yearly to Ptru, being ten or twelve, bring witli Uttle Difference the fame Returns as thofe of tlie other aforefaid City do. Valparaijh is feated in a Bay of the fame Name, at the Mouth of the River Topocnlma, and fcrvcs as the Port to St. Jcgo, the Capital of ChUi, built on the fame River, fifteen Leagues from the Sea. This Port is one of the iafcfl and moft commodious of thofc on the South Coaft, and is where all the King's Re- venue of Chili is embarked for Peru, as alfo the Effcds of Particulars deflined for the North Sea, confiding cfpecially of Gold, drawn from the Mines near BaUiiia and the Conception, or thofe of Tijlil, which are between Valparaijh and St, yrt;« has in lefs than fifty Years received for his one-fifth, of only thofe oXPotoji, one hundred and eleven Millions of Dollars. Calao, as before-mentioned, the Port to Lima, is two Leagues from the City, fpacious and very fecurc, without Rocks or Shallows. It has two Channels, the one for large Ships, on doubling the Ifle of Lobos that covers it ; and the other for Barks, or fmall VclTek, by a Strait between the Continent and tha Ifland. The City lies along the Bank, and all its Inhabitants, above two thoufand, are either Z//wtz Faftors, Carriers, Sailors, or Inn-keepers, as its Buildings arc Warehoufes for the Reception and Dcpofit of the Goods that arrive from Aca- pidco, Panama, Arica, and the Conceptione, or Inns to accommodate the Merchants who arrive from all Parts, when the Fleets come here to lade or difcharge. Two Fleets, both called the fame, Plate Fleets, are annually fitted out in this Port, the one for Arica, and the other afterwards for Panama, The firft fails towards the End of Vebuary, and after having laden the Silver of the Potojian Mines, returns to Lima in about a Month, or by the Beginning of April, near the fame Time that the Veffels from Valparaifo bring here the Revenues of Chili, As foon as this Fleet is returned, and the Chili V^eiTels are arrived, they unlade the Goods, to wait a proper Seafon for the Voyage to Panama ; the leaft valuable are put in Warehoufes, and the Gold and Silver, with what elfc is precious, fent to Lima in Carts, or on Beafts df Burthen, with which the Road from Calao to that City, is nearly full during the whole Year, more efpecially in the three or four Months of the Fleet's Arrival and Departure. Alio in the Months of March and ^/r/V there arrive at Lima hy Land, Gold, Silver, and the Merchandize of all the Provinces of Peru, that are defined for Porto Bella, and which mull be ready for the Sailing of the Panama Fleet. The Departure of this fecond Fleet is always at the Beginning of May ; and it is commonly two-thirds bigger or flrongcr, both in Merchant Ships and Men of War, than the other ; becaufe, befides the Riches of Poto/i, which the Fleet of Arica only brought, tliat for Panama carries alfo all the Revenues of the King and Particulars' Effeds from Chili, Peru, and a great many of the other Kingdoms of South America. And it is by Return of this Fleet, that all the Goods deftincd for Peru and Chili are brought ; and from thence fent either by Sea or Land to the Places they are configned to. Befides the Fleets before- mentioned, there is yearly equipped at Calao a Twenty- Gun Ship for Aciipulco, a famous Port in Neiv Spain, by which the Spaniards of Mexico maintain a great Trade with the Philippines, and receive a large Quantit of l„i OF AMERICA. of Coovls from IhJui and China. Tlii? VefTel arrives at Acapuki a little before Chri/tinas, and carries there Cacao, Dollars, and Quickfilvcr ; in Return of which (he brings back Spice, Silks, Chints, Callicocs, and a few other Tntlun ConnncHJiiics ; though this Trade is prohibited to ail otI)ers but to thofe con- cirncJ in the i'aid i>liip j the Court of Spain having interdicted it to all the Rcil of Fern, under very fevcrc Penalties, for Fear of hurting that which Soutii America carries on with Spain by Way of f tf«<7w- la-Chapelle, it is not doubted but the Damage is repaired in fome Meafure, but it is fo difficult to get Accounts from that Country, that nothing can be faid with Certainty. The chief Places with which the Spaniards inaintain a regular Commerce on this vaft Extent of Coaft, are Leon', Guayaquil I'ruxillo, LeJ'parfo, Lavillia, Ni~ coya, Chiriquita, Italia, Sagiia, Na/ia, Pifca, and Pacbacama, of which- the firft produces Sugar, Cattle, Hides, Pitch, Refin, and excellent Cordage, befides Plenty of Timber for Ships, whereof more are built here than at any Place in the South Seas, except tliat I am juft going to mention. Guayaquil, in the Province of ^ito, wliofe Produfts are Gold, precious Stones, Cricao, Green Hides, Tallow, Sajfaparilla, Woollen Stuffs of the Country Make, Saltpetre, Brimftone, und Wood, worked up in the Ship-Yards of this Place j it alfo products Cacao in aich Plenty, that there is hardly a Year in which thirty thoufand Bales, of eighty-one Pounds each, are not fliippcd off, and fometimes the Quantity is doubled. The Goods imported here from Lima are Wine, Oil, Spice, and other European Commodities.- Trtixilh is fix Leagues from the South Sea, having a Port called Guanchaco, the moft difficult to'ehter, and tlie moft unfafe of -any on the Coaft. Its chief Trade coniifts in Wheat, Flour, Wine, Sugar, Sweetmeats, efpccially Quince Marmalade in Cafks, Cattle, Horfes, Mules, &c. LeJparJ'o is fituated in the Bay of Caldaria, two Leagues from the Sea ; it is the Port to Carthage, a City of Smith America, in the Province of ^imbaia, iwcnty-four Leagues diftant from it, and formerly had a good Trade, but it is BOW reduced to fotne 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 tl'an thofe of their own Growth and Manufadtures ex tp* Acapulco j but a quite different Cc nmerce is tranfadted from Panama. Before th. City was taken, pillaged, and bunit, in 1673, by Sir Henry Morgan, it was feated on the Shore of the South Sea, at nine Degrees of North Latitude j but the new one is built at four Leagues diftance from the Ruins ; more magnificent, better fortified, and with a greater Number of Inhabitants. It gives Name to a large Bay in which it is built, and to the Ifthmus, that, fepa- rating the two Seas, joins the Meridional to the Septentrional America, and is equally famous for its Land Trade with Porto-Bello, on the North Sea, and its maritime Negociations with Lima on the South Sea, coUedling in its Warehoufes 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 cairieson a very confiderable Commerce, and has its Road always filled with a great Number of Veffels ; it s, neverthelefs, on the Plate Fleet's Arrival, and with the Goods by the Galleons, that the greatcft Concourfe of Merchants meet iiere, and the Trade is moit flourifhing, being then that the Fair is held, which attradls both the Nobility and Commonalty of the Neighbourhood to afTemble and increafe the Throng. As foon as thf Galledns touch at Co'thagena, where they remain fome Time before they proceed to Porto-Bello, a Courier is difpatched to Lima, and on the Receipt of^ this Advice, the Viceroy orders the Plate-Fleet afore-mentioned to be laden and difpatched, under Convoy of four or five Men of War j whilft the Frcfident of Panama, on his Part, diredts the providing Mules for the Carriage of * a Part ^$S H \\ If. .d in the different Habitations above-mentioned, of whirh the Chief, compoling a fmall Town of two hundred Houfes, with three hundred and fifty Whites, is below Fort Louis, where the Warehoufes are kept. Commerce of the Portuguese in America. 'T^HIS Nation's Pofleffions in America have been many Years fince reduced to ■* the Brazils only, though this is a Part of the New World fo vaftly extcnfivc, fertile, and rich, that they have no Room to complain of their prelent 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 the Portiiguefc do not occupy the Whole, having no Habitations beyond Rio Janeiro, which is two hundred Leagues from the River of Plate, its Southern Boundary. The inland Country is yet unknown, as the Portuguefe have never penetrated it above eighty Leagues, by Reafon thofc vaft Regions which feparatc it from Peru are inhabited by innumerable Nations of Indians, who, loving Liberty, difpute the Acquifition of their Lands, Inch by Inch, as they regard foreign Settlements only as Ufurpations. The Portuguefe have divided their Eltablifhments into four- teen Captainfhips, or Commanderies, viz. Tamaraca, Bahia de todos los Santas, Pernambuco, Faras, Maraghan, Ciara, Rio Grande, Paraiba, Ccregippe, Los IJleos, Porto OF HOLLAND. Porto Sijitrf, Sfiirllo Siititlo, Rio yanfiro, and St. Vincent t of whofc Commerce I (houlil now treat [ but having already done it in the Scdion on the Trade of Portuga/, any fiirlher irwntion here would he lupcrfluous. I niij^ht hcrcahb very properly add, an Account of the Trade which fomc other Northern Powers carry on in yfrmricti i but having as yet given no Defcription of their European C.'omnnTie, I (hall join them both together, by reciting the general TralHck of each particular Potentate, and begin firft with the Dutch. Of the Trade of Holland. , NOTHING fjivcR a greater or more magnificent idea of this Commerce, than tlic rtourilliing Condition it has always Tupported the States in, notwithftand- ingthe many Ions; and cxpenfivc Wars^ it has for a Century pad been fo frequently t!)gaged in. Three Things more efpecially fupport this immenfc Traffick; tnc one is the great Credit of the Bank of Amjlcrdam, whofc Treafure is fuppofed by fomc to be three thoufand Tons of Gold, of an hundred thoufand Guilders eathj the fccond Thing fo advantageous to the Trade of Holland^ is the incredible Number of Ships, continually going out and coming in; and the third, is the Safety with which its Trade is carried on, by the Government's Protedion in Time of War, or when any Cruizcrs or Pirates make it necefTary. And though this Commerce is fo extenfivc, it is kept up by a I'eoplc, whofc Country contributes hardly any Produils towards it; as the Dutch \\&\*i nothing more of their own than fome Butter, Cheele, Earthen-Ware, and fome few other Trifles that they ca" foarcj very little Wheat growing in Uclland, and no Wine at all; the few Sheep here, have a Wool coarfe and har(h; tlie Land produces very little IHax or Hemp; one of its heft Qualities being its Propriety, in feveral Parts, for Fuel, fo tnat the Inhabitants, for Want of other, are reduced to the NeccfTity of burning the Earth that bears them; but its fat Pailures nourifli great Herds of Cattle, producing the prodigious Quantity of Milk, that fuffices for the daily Want of a People peculiarly fond of a ladeal Diet, and for making Abundance of Butter and Cheefe, of which they eat more than any Nation in the World. Their Manufadures are many, and very confiderablc, though almoft all the Materials for them arc brought from other Countries. I have already mentioned the Particulars of tlicir Trade with us, with France, Spain, Portugal, and Italy, and blended it w ith that of the other Eurapcaiis on the Coaft of Bariar), Africk, and AJia; I lliall therefore only add here, the State of it with their Septei lional Neigh- bours. The Trade carried on neareft Home, and the moft coi. anient for the Safety of the concerned, is tliat which they maintain with a Part of Germany, by Means of the Rivers running through the Country, or on the Borders of it; fuch as the Rhine and Mafe, which bathe their States; the Wefer, Em:, and Ell>e, not very diftant from tlic German Ocean. The TrafHck of the Rhine, and with it that of the Mofelle and Maine, is very cunfiderable. Cologn is properly the Centre of the Commerce carried on here, where the Merchandize of Lorraine, and the Archbiihoprick of Trfwj arecoUeded; fuch as Wood, Iron Bars, Can- nons, and Bullets of the fame Metal. It is likewife by the Rhine that the Pro- ducts of Mentz and Frauconia, waflied by the River Maine, arc conveyed to, and fold in the celebrated Fairs held twice a Year at Francfort or Nuremberg: The Rhine alfo ferves the Dutch in bringing them the Flax, Threads, and Linens from the Duchies of fulicrs and Berges. The Maefe facilitates the Trade of Holland with Leige on that River, as it does that of Aix-la-Chapelle, not very diftmt; and of which almoft all the Trade is tranfaded in the firll of thefc two Cities. The Extrads from Leige are Serges, Slates, Coal, Lead, Iron, Bullets, and Braziery made at Aix-la-Chapelle, &c. The yyej'er, which has its Source in the Mountains of Turing, waters one Part of the Lower Germany, and after having paffed through the Country of Heje and Brunf- W'cjt, falls into the Gernianick Ocean. Bremen, feated fifteen Leagues from its Mouth in the Pcninfula that it forms with the Ems, is the Depofit of all the Merchandisfc of thofe Parts; and it is in this City that the Dutch buy up the Car- pentry Wood, Chcefc, ^Vools, feveral Metals, and Beer, that are brought here 6 from 8j9 ,h 'r:r I I Uo CrNM'.RAL COMMl'RCr. OF TIIF, WORM). fwm Lcii'i'rS.iv.iiy, lfi;//i; nni>>/ti,l-, &:f. />//,/.■«, C'iipit.il of /v// /■'//V/VW, at tla- iMuiiili of the /•.'////, is the St.iplc of all tlic t'oiiinKrcc ot' tli.it I'.iit of (;,■/-. Miiny wliiJi triivcrlis tl)ik Ri\cr. Ihr City is j^nvcriial hy its Maj'.illr.itts j ;im,1 tJic Vutiii their Allies, or it .\nA Bruges with Linen, nem|i, and Hafons ; l]nil[ils and OuJiiiuuL' with Tapellry ; and I.ijli-, Capital of I'laah I'liwdcn, witii Cambricks, Laces, and Uaracans ; the Returns are made in Woollen and Silk Stuft's, Drugs, Spices, is!c. The Traflick of the N:)th and Ihilli.k is one of the inoft important that tl»c Ihitcl' carry on j in other branches of Trade, it fecnisas if they only worked lor the other i'arts of /''//r^/'i' ; but in this almoll all regards themfelves ; and it is from tl'.encc that they letch the (Jrain which fupports them, and the Things necclVaiy to their Navigation ; without which neither the State, nor Particulars, could fill) da. Although ..Vuiv/, 77, Diiimark, and foine other States, feated on the /?^///V/f Sea, arc comprchendci' 'iiuler the general Word North, yet Korn-.iy, jlrchangel, and feme of the moii Septentrional Provinces of kiiljia and Di'iim.irk, merit more particularly this Title; and it is with thefc that I lliall commence the general Northern Trade. before the Year 1553, tlic Trade of Mvfcnvy was carried on by the Way of Narva and Revel, Cities of Lhonui, at the IJottom of the Ihiltick Sea ; but the Port of yhc/jiDigel having been difcovered by the Englljh, all the Trade of this vail Empire was transferred thither, being much more convenient than any of the others, efpecially on Account of the Pailage of the SounJ, w iiich took away, or at lead retrained, the Freedom of the Trade of thofe two I'laccs; aii)ii/l' V\'ine, Vinegar, Hr.'.ndy, Cneefe, relied Toh'cco, and fomc Clothes. And as 'IjidIkt for Shiji-buildinj; is what the I'liiniiit^s moftly hrini; back, they have nude leveral Treaties from Time to lime with the Kingof/Ji-wwi/r/t con- cerning WoikI, Off. The Commodities wlilili the DmaA l.ule in the Bultiik being bulky, oblige tlum to employ a lar;^e NimilK-r of Ships, a tliouland to twelve hiindrc.l, yeaily, in this Trade, which they (aid lefs than half laden, though they always return with ati entire Cargo i and as th." B.il.inc of Iradc is in their Disfavour, by the I'roduce of their CJood"! fent Iieing infutHcicnt to pay for the Reladeings, they arc always obliged to accompany thelo Voyai^cs with .i Parcel of Rixdollars, to make the Deficiency good. The Conuuoditics proper for SwrJi'n and Denmark, arc Spice, Drugs, I'rjrttiga/ and Spdnijk Salt, thofe from I'ntfUt' not being in fo much Kfteem here. Sugar, Wine, Brandy, Linen, with Sillt and Woollen Stuffs. For Pomtraiiiii, Cloth, Wine, Cheefe, Salt, Tobacco, Spice, Iron, Lead, Pewter, and old Ri.uloliar:.. Kor Dtints-.ick, u l^i unity ot Silks of all Sorts and Fafliions j a great many Clothes ; Dying Wooc's, fcraped or ground ; Madder, large Parcels of Spice, Drugs I //fl/w/? Cremor Tartari, Sugar, Oi', Paper; divers Sorts of Wine, Hrandy, and French Salt, fit only for I'tuJ/iti. In fine, they fend to Riga, KiTfl, Nam:, and Pcniau, Cities of Livonia, Salt, Spice, Sugar, Tobaco*, Frenih (il.ifs, and above all, a (Quantity of old Rixdollars, with which they pay for CJoodb not only of this IVovince belonging to Sivedcn, but alfo thofe that arc tranfported here, from Mtijlovy, Poland, and Lithuania. Their Whale I'ilhery, is very advantageous, occafioninga yearly Employ of near two hundred and fifty Ships, with between four and five thoufand Men, but that of the Herrings fo infinitely exceeds it, as almoft to furpafs the Degree of Com- panion ; above twenty thoufand Men, and three thoufand BuiTes, fi'id an annual Occupation in it ; and it is afl'erted, that they take and fell more than 300,000 Tons, one ^'ear \)ith another, which at two hundred Guilders per Ton, as a Dutch Author computes them, amount to fixty Millions, Irom which muft be dedufled near twenty-three Millions, for the Charges of Outfet, C^c. and there remains nett Profit 370,000,000 of Guilders, or about 340,000/. Sterling. Although tlie Dutch have no great Settlements in the IVijl-lndics, lincc they were obliged to quit the Conquefts they had inade on ftie Portugiu-J?, they notwirh- flaiiiling carry on a very coiifiderable Trade h'.'rc; whicli is not a little augmented by the contraband Commerce for which their Colony at Cura^oa adminifteis them frequent Opportunities. Surinam, /Ipro'u-acq, Ucrbicv, and Borin, fcated in South America; I'oniuiirc, Aruha, and Cura^oa, among the Soto-vcnto, or LeeivarJ Tjiands, and .S'..'^; and S:. Eujiatia, two of the imiXhH Antilles, are the only Colonies the Dutch poll'efs at prefent in tne irc/l-Indics. The four Colonies of Terra Firma take their Name from four Rivers ofthe Province of Guiana, alpng which they are eftablifhed. Sugar, which grows here in Abundauce, is the principal Objedt of their Trade, though they alfo cultivate Indigo, Tobacco, Ginger, and Cotton. , The Merchants of Am/ierdam cslttv ori the greateft Part of this Trade, and have their Warehoufes here always well filled with all Sorts of Goods that the Europeans ufually fend to America. Of the Antilles, where the Dutch are cflablillied, neither of them is very con- fiderablej St. Eujiatia is the biggeft, and Saba the fmalleflj thefe two are little better than Rocks, though the few Inhabitants refiding hej;p have found fufii- cient Earth ditfributcd to raife a Support, and fome Tobacco fpr Exportation j this is a Commodity common to them all. The Dutch have feveral trading Companies eflablidicd in Holland, fuch as the Ea/I and JVeJl-Indian, that of Surinam, the North, the Levant, the Baltick, and the Nma Zembia and Greenland fifliing Companies, all of confiderable Advantage both to the State and Particulars. Though however rich the Trade of thefe are, or whatever elfe is tranfadtcd by private Merchants with the other three Parts of the World, it is certain, that that which their Eajl-India Company has carried on in all the Kingdoms of Ajia, for little more than a Century pall, is of a much greater Confequence, aiid infi- 10 K nitely m *i !;; pf. ■ M ,,ir I ' i n't m 862 GENERAL COMMERCE OF THE WORLD. nitely furpafics it, both in Profit and Reputation. But as I have already giveii an Account of it, in my Dcfcription of Afia, I (hall here clofe my Narrative of this Nation's commercial Tranfadtions. Concerningthe Trade of the North, and the Baltick Sea. THERE is comprehended under this Nan- •, not only what is cnclofcd with- in the Compafs of this Sea, but alfo fome Cities featcdon the Rivers which fall into the Gcnnankk Ocean that are near ; And all that are more Northwardly, as XT-way, Danip, Swedijh, or Mufcovitijh Lapland; Archangel, Boronday, Li- beria, Greenland, and Nova-Zejnbla. Hamburgh, an Imperial and Hanfcatick City, is thcmoft confidcrable of all of them fituatcd on the German Ocean. Here- is carried on, not only the whole Trade of the Elbe; but it is alfo by Means of its Merchants,- that the grcatcft Parts of the Rep-iiffes are made, and Bills ncgociated, with all the Cities of tiic North ; an Advi»itage that it only (hares with Amjurdam. This famous Hanfcatick City is more than twenty Leagues from the Elbe's Mouth ; though Ships go up this River within two or three Leagues of it, and arc there obliged to lighten, being barred a nearer Approach by a Bank of Sand, with Igwhole Cargo. The Goods proper for t»iis Place, are fome French Salt, White Wine, to the Amount of fix or feven thouHmd 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 Good'; exported from thence arf,, Grain, Wood for Sliip-building, Pipe Staves, Lattin, •and white Iron Wire made in Saxony, and all Sorts of Copper Pots and Kettles. Here are alfo found the many various Species of Goods that the North and Baltiik produce, though not fo cheap, being at fecond Hand. It carries on a great Trade with France aiid Spain in its own Shipping, though much more in foreign Bot- toms, and its Engagements with Holland, &c. are already fpoken to. I Iwic alfo defcribed its Bank, and (hould now fay fomething about its Coin, tiiat has occafioned (lich Embroils between this State and the Crown of Denmarl: ; h jt a nice Deduftion of the Motives to, and Particulars of thcfc Difputes, would ho too prolix for the Space I have left, and a curtailed Account mu(l be uiilutil'- fadtory j I (hall therefore excu("e adding any Thing on this Subjedt. Bremen on the Wefer is in good Repute for its Trade, though much inferior to Hamburgh. Large laden Veffels 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 lail mentioned Place, except French Salt, of which none is confumtd. The Wood ey.radted from hence is the beft in the North, but it is likewife the dcareft; and here is alfo exported Wheat, Wool, fome Metals, and Brunfivick Mum, of which that of Bremen is nothing inferior. Denmark, Sweden, Mu/ccvy, Poland, Courland, and (omc Provinces of Lower Germany, environ on all Sides this Part of the Ocean that forms a Sort of great Gulf, named the B^/z/ci Sea, which can only be entered by two Pa(rages, the one called the Belt, difficult and dangerous, and the other the Sound, of which the King of Denmark is Mailer, by poirelling the Fortrefs of Kronemburgh, near Eljmeur. This Sea has a large Number of excellent Ports or Cities at but a little Diftancc, where a great Commerce is carried on -, the principal of which are Lubeck, Copen- hagen, El/incur, Stockholm, Rojiock, Stralfund, Stctin, Colberg, Dantzick, Elbing^ Konigjberg, Riga, Revel, Pernau, Narva, and Vijkourg, from which Places and Sea more Goods are in general exported and imported, excepting at Dantzick, where the Con('umption is very great j this famous City being as a M.igazine of all NecefTaries to Poland. Lubeck, an imperial City, and at the Head of the Hans Towns, fcated 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 grea* deal worfc tha.: Hamburgh. Here may fell yearly two thoufand Lafts o( French Salt, which the Natives refine, four thoufand Barrels, or a thoufand Ton of Wine, as many hundred Barrels of Brandy, and one hundred and fifty of Vinegar j Paper alfo finds a good Sale here j and OF DENMAkK. and the French befides Sugar, Mercery, and fome Silks, the Eiit^lijh and Dutch, bring their Cloths, dying Drugs, and Pepper, to which thefe latter add Nutmegs, Mace, and Cinnamon. The Goods exported arc Hemp, Flax, Ru/JialWAcs, from Mufcovy, Iron wrought and unwrought, particularly Ships' A cliors. Wood, Grain, and Wools. Laden Merchant-Ships can only go to Travemumic, a fmill Village, three Leagues diflant 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, 863 Of ihe Trade ©/"Denmark. , TH E Port of Copenhagen, Capital of the Kingdom, is not only the fineft in the Baltick, but one of the muft convenient and fafe in all Europe ; it is alfo here that the chief Trade of Denmark is tranfafted, though fome Bufinefs is likewife done at Eljineur ; but neither at the one nor the other any thing in Comparifon with the Negociations of the Reft of this Sea. The Goods that fell beft iii Den- mark, are Spunijh and Portugal Salt, except their Confumption has been affedled by the Mine difcovered at Oldijloe in 1730, French Wines and Brandies, Paper, Gold and Silver Stuffs, Engtifi and Dutco Woollens, Spice, Medicinal Drugs, and Pep- per, Tallow, Hemp, Cod, Stockfi/h, Wheat, from the little Ifle of Zealand, and Rye from Zealand, are almoft all the Merchandizes (hipped from hence, the Ex- traction of Carpenters' Wood being excepted. The Dutch alfo tranfport from the Country of Jutland, a Quantity of lean horned Cattle yearly, which they fatfin in their Paftures, and reap therefrom a confiderable Advantage. After Copenhagen, the moft trading Cities of Denmark are, UJlcd, ChrijVtanJiadt, Carl/croon, Saljbourgh, Careljhaven, and particularly Eljinorc, or Eljineur, from which the Extrafts are, fome fmall Marts, Deal Boards, Tar, Tallow, Beeves' and Goat-Skins. The major Part of which Trade, and indeed that tranfadted with all the Places in this Kingdom, except the Capital, is by Way of Barter, or the Inter- vention of Rix-dollars, brought here by the Dealers for that Purpofe. The other Illes next to Zceland, or Suxland, in which Copenhagen ftaiids, are Fub- nan, Laland, Langeland, Faljler, Mune, Samjoc, Arroe, Bornholm, and Amr.ck \ of which the firft is nothing inferior to the principal Illand, cither in Extent or Goodnefs : It abounds in Wheat, Hogs, Lakes, and Wood ; though it produces nothing for Exportation but Horfes, the Fruits being ail confumed at Home. Laliir/d yields Abundance of all Sorts of Corn, cfpLxiaHy Wheat, from whence the Metropolis and other Parts of the Riiigdoni are fu'tplied, befides which the Dutch export a good deal yearly. Faljier, Langeland, ana Mune, arc numbered among the fertile Illands, and the two firft yield fome Gmin, for annual Tranfportation. Arroe and Alfm abound in Anifeeds, which the Natives ordinarily ufe to fcafon their Viduals, and even mix it with their Bread. Bornholm, Samjoe, and the other Ifles, breed Cattle, and produce a Sufliciency of Corn for the Inhabitants, but that of Amack dcferves to be examined apart. This little Ifland is very near to Copenhagen, from whence it is feparated only by a fmall Arm of the Sea, which is pafled by a Drawbridge, and this Spot is the moft fruitful of any other Territory in Denmark : It was many Years ago given to fome Hollanders, tranfported here to manage the Dairy, in ma- king Butter and Checfe for the Court ; they had great Pr.vileges granted them, of which they enjoy fome to this Day, but others have been curtailed, and it is to be feared, that by little and little they will come to be placed on the Footing of other Subjefts J the Indaftry and Diligence of the Inhabitants of this Iflc 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 dtfedive in good Ports on the Side of the Ocean ; reverthclefs this docs not hinder the Dutch from making an annual Extradllon of a large Quantity of meagre Cattle, as has been before mentioned. The Horf<;s and Hogs arc excellent, and very numercus, and the Corn fufHcient for the i,.h ibi- tants. The Land is moft fruitful near tlic Sea Coafts ; and in a Word, is the beft that the King of Denmark has. 3 The ■U I! I !•■ ■Ill iiitii 86+ GENERAL COMMERCE OF THE WORLD. The Duchy of Sleefwick, or South Jutland, is in general a very gooJ Country; the Conveniency of its Situation between two Seas, the Ocean and the Baltick, gives it great Advantages for Trade, although the Conveniences for Tranfporta- tion are not many. It furni(hes its Neighbours with Wheat, Cattle, Uorfes, and Fuel Wood, befides what it retains for the Natives' Ufe. Holjiein is very abundant and very agreeable; it is perfcdWy well featedfor Trade, like the preceding, between two Seas, and has betides the Advantage to be near the FMe gnd Hamburg, which being a free City, and confequently rich, is of no fmall Advantage to the Territories which the King and Duke of Holjkin have in its Neighbourhood. Star mar and Dithmar, or Ditmarpj, are two Diftridts ncareft the Elbe; this Country is for the moft Part low and rich, of a fat Soil like many Places in Hol- land, and timilar to thofe alio in its Fertility and Embelliniments; thefe Countries likewife arf benefited by the Neighbourhood of Hamburg, and the River they lie near. The Country of Oldenburgh abounds in Cattle, and raifes a great Number of Coach Horfcs, very much fought after for their Colour, which is yellowifli, though otherwife their Qualities are not extraordinary. In general, though Denmark be of great Extent, it notwithftanding yields but in fmall Quantities the Neceflaries of Life, few Produdls for the Merchants, and till lately no Manufactures at all ; but, to reijiedy this long continued Negleft, and ftir up the People to an Imitation of their induftrious Neighbours, by an Ordi- nance of the King's, of the 28th November, 1727, all Merchants were prohibited' to lend to Iceland any other Cloths than thofe made at Copenhagen. There are alfo cftablilhed fome Fabricks of Linens at Zwelck, Blank, and Lubfch, which are fufficient to fupply ali the Provinces of the Kingdom, infomuch that the Chamber of Finances and Trade forbid, by the King's Order in September 1728, the En- trance of foreign Linens. In a Council held February 1725, it was refolved to raifc a lax or Import on all the Cities, both of Denmark and Nor'-^'ay, and to em- ploy the Produce in eftabliftiing a Filhery in Greenland. The thirteenth of January 1727, his Majefty interdidted the Entry of any fo- reign Goods into the Kingdom by the Way of Bremen and Lubeck; and, for a ftiil greater Encouragement to Trade, the King, in February 1730, publiflied an Ordi- nance to lower the Duties on the Entry of Goods, that the Merchants his Sub- jedts Hiould introduce diredtly from foreign Countri-js, which however fliould not take Place on thole brought into the Kingdom by Strangers. In Augujl the fame Year, an Edidl was proclaimed, by which that Monarch enjoined all his trading Subjedls, not to fend any Ships to Portugal or Spain, with a lefs Force than eighteen Guns, and a proportionable Crew, to defend themfelves againft the/iflr^ijryCorfairs, in CafcofNced. And, in January vh^x, ChriJiianVl. fupprefled the Farm on the Ci'ftoms on Wine, Brandy, Salt, and 'Tobacco, per- mitting both the Danes and Norwegians to trade in them. Concerning Tk^i, Sound. •yHE Paflage, or Straits called the Sundt, or Sound, fo femous in all the ■*■ Northern Countries, is between the Iflc of Sialand, and the Terra Firma of Scania. On the Swede's Side is the City of Helpiburgh, with a ruined Caftle, between which and Elfmore all the Ships which trade to the Baltick pafs and re- pafs, fo that it may juftly be laid, that, after the Straits of Gibraltar, this is the moft important and frequented one in Europe. The Lofs of the Province of Sc/jonen, which, w'-h the three adjoining, were given to the Swedes by Treaty in 1658, was very confiderable to the Danes, in Regard to this celebrated Pafllige, as they were Mafters of the one, whilft they continued PolTeflbrs of the other; it and may do their beft. ■ • ■ J . . .■.,.t.i-»'f Ju :r In Cafe a Ship !s fired at from the Caftle, and the Mafter and People ^vill make Oath that he lowered, as in the firft and fecond Article, or could not do it to prevent driving aftern by Wind or Current, he is free from paying the Shot; but if his People refufe to take fuch Oath, he muft pay. If the Mafter fails without paying the Perfon who clears him at the Cuuom-Houfe, he muft pay the Money, when it is proved who the Mafter was: Charge one Guinea; to the Boat one Shilling. The 9th of Aprii, 1687, the King iifued a Placard, ordering the following Fees to be paid at the 5oa« • GENERAL COMMERCE OF THE WORLD. Such of the above Fees as arc now taken, fome of the Commiflioncrs charge In Crown Money, which is apprehended to be an Abufe, as they ought only to be charged in current Money. The following arc the Sound Duties on fuch Goods as are commonly carried from, or brought to, England, which I thought would be fu fficiently fatisfadlory to my Reader, without fwelling the Account, by an Amplification of what all other Nations pay on the Commodities that compofe their Trade. Ale or Beer, the 8 Hogfheads, ai4|. Alegar AHum, the Schippont . • ' Almonds, the loolb. " Apples, the Laft of 1 2 Barrels Apothecaries' Drugs, the Liefpond, valued at 36 Rix-dollars Annifeeds, the loolb. Antimony, the Schippont Anchor and Locks the Schocks of 60 Argol, the Schippont Arlenick, ditto Afhes, Weed, the Laft of 12 Barrels, or 12 Schippont ' Pot, ditto, ditto, Auri Pigmentum, theioolb. Bacon, the Schippont Balks, great, of Oak, the Piece Fir, 4 ditto Small ditto, 20 ditto "• ~ Bays, the fingle Piece • ' '•', r 1 Double ' i ' ' ' ' ■ ' ' Beef, falted, the Laft of 1 2 Barrels Books, printed, the loolb. valued at ?6 Rix-dollars Brafs, or Brafs Wire, the Schippont Wrought, the i oolb. valued at 36 Rix-dollars Brimftone, the laft of 1 2 Schippont Brandy, French or Spanip, the HogHiead Corn, the Barrel Rhenifh, the Auln Bay Berries, the 2oolb. Bifcuit, or Bread of Wheat, the4Barrel;3 Butter, the Barrel Brazilwood, the50olb. Briftles, tVie Schippont, valued at 36 Rix-dollars Cables, Cordage, or Cable Yarn, the Schippont ' Calicoes, the 8 Pieces ., Capers, the Pipe, or two Hogflieads ' .' . Cards, for playing, or for Wool, the 10 Dozen Copper, the Schippont , Wrought, theioolb. valued at 32 Rix-dollars Chcefe, the Schippont ' Cork, the 30 Bundles Copperas, Calamin, or Cremor Tartari, the Schippont ' , ^ Cotton Wool, the loolb. Cardamoms, Cinnamon, Cloves, or Cochineal, the looIb. Corn, Barley the Laft of 20 Barrels Beans, Pealb, Oats, or Buck-Wheat, the Laft of 1 2 Barrels Malt, the Laft of 20 Ditto Rye, ditto 20 Wheat, ditto 20 Coriander and Currants, the 200 ■* i» -tt. !-J„ ■}' J ■ .i'j JJ i- :v Rix. sti. 36 36 12 9 12 iS 9 12 I 6 12 12 I 9 6 3 6 15 3 6 35 18 24 ]3 I a 24 6 24 9 6 4 5 '5 18 6 15 18 6 24 6 4 36 6 18 36 24 12 18 12 I Q Cafques, OF THE SOUND.;.. CafqueF, the ;o Pieces Cloth, of Si'x, the Piece Fine, or (hort Cloths, or double Do2:enB( the two Piecei Crarfe, or long Cloths, or Dozens, the 4 Pieces Canv.a, or Catnbricks, the 4, Pieces Camlet, the 4 Pieceb Camels' Hair, the zjlb. Calamancoes, the 8 Pieces Campeachy Wood, the 50olb* Carraway Seeds, the loolb. Canary Seed, the Cafk . Chefnuts, the 36 Sacks Cyder, the Hozfhead Cavear, the Schippont, valued »t 18 Rix-doIUri Coflee, the loolb. Clockwork, the loolb. valued at 36 Riz-doUari Crooked Wood, or Timber, 25 Pieces Deals, of Oak or Fir, above 20 Feet the Scbock Carljhamn Deals, under 20 Feet • Prujia Common, 10 to 14 Foot the 1000 Diaper, or Drilling, the 20 Pieces Dates, the loolb. ,., ', ;i Damalk, of Silk, the Piece Linen, 4 Pieces Woollen, 8 Pieces Druggets, 2 Pieces Down, the Schippont Eels, the Laft, of 1 2 Barrels . . Elephants' Teeth, the Piece ., w . Fifh, Cod, the Laft, of 1 2 Barrels Stock, the Laft, 12 Schippont, or looo Fidi Salmon, the Barrel i)alted Herrings, ditto Red ditto, the Lafts of 20 Straes, or 20,000 Feathers, coarfe, the Schippont y' > '■■': Flannels, 8 Pieces of 2 5 Ells each Flax dreffed, the Schippont 869 Rix,Sti. 6 9 9 9 »5 10 »5 10 18 9 6 12 9 a4 18 o o o o o o o o o o o o o o 1;; .r.. a o o o o o o o e o o o o o • o e o o o o undreiTed, as fine clean Narva, Maulenburgb, Heilin, Eflimjh, Pedttici, vjjiL' ,7:;; ■U)'. Raiitzker, and Pater-nojier, the 4 Schippont coarfe, half clean, Farken, Rajfen, Courlana, Pruffia, Rafets, Mtmels, Marienburgh, the 6 Schippont Tow, the 5 Schippont Figs, the 18 Bafkets, Soolb. .-.;.,- V,, FernambuckW ood, looolb. ,w.i ■. • Flounders, dry, 20,000 Frieze, the Piece Flourof Wheat, 20olb. Barley, or Rye, the Laft of 12 Barrels > ,; i^ -ri •-•■; ,- Gauls, or Gum, the 20olb. Gadza, 12 Glafs for Windows, Engifi, French, Ltibeck, and Dantzick, the 8 Cheftt Venice, Drinking ditto, the Cheft Bottles, the Ton, 4 Hhds. and 30 Schocks 2 Pipes Quart Bottles, 100 Doz. 50 Pix-dollars Grains of Guinea, folb. Ginger 100 Green 50 10 M .d'i£i,--.V t O o o o o o o o o o o o o o o o o 36 30 9 12 10 10 3I 12 3» 5 2 12 6 10 36 o 18 18 30 12 6 9 12 9 30 30 9 30 12 24 15 12 12 Guo j i.:.;^ i H, ;;i:l !li r]:.f'ii m :\ i 870 .'I i-i'^-.'i : GENERAL COMMERCE OF THE WORI.D. Gun-Powder, loolb. Gloves, Prujiu, otCourland, 250 Pair Leather, 1 Doz. Value 2 Rix-dollars Hats, Felt, the Caflc Beaver, the Doz. Value 48 Rix-dollars Caftor 24 Honey, the Hogftiead , Hops, theSchippont Horfes, the Pair "■'f; ' • Hair, Camels' or Coneys', the 5olb. •• ' Hemp, the Schippont *"". , Tow, 10 ditto I ,• Haberdafliery Ware, loolb. valued at 36 Rix-dollars ' %: Hides, Elks, Harts, Bucks, otRuJJia, the Decker ' r Salted , ditto ' '' Dry, the ' '■'. ^ ditto "Ruffia, the Schippont '.".''' ^' • • Handfpokes, the 500 ' " '^' S' Iron, VVire, or Pans, the loolb. • ::. 1 • i-.-- < ; Stoves, Plates, or Pots, the Schippont -i • Bars, Bats,' Bolts, Hoops, Anchors, and Guns, the Schippont ^ ' Wrought, loolb. valued at 24 Rix-dollars Old, theSchippont ''■ Oftermunds, the Schippont Indigo, the i oolb. Ifinglafs, the I oolb. Juniper Berries, 20olb. , Kcrues, the 8 Pieces Lace, Silk, or Ferret, the 41b. ■> Thread, AVool, Cotton, Hair, the I olb ~ Gold and Silver, the Pound Lemons, the 1 2 Chefts, or 36000 Pickled, the Pipe, or 2 Hogfheads Linfeed, the Lail, of 24 Barrels Lignum Vit£, the loolb. Leather, Ruffia, or Scotch, the Decker, Spanijh, Cordovan, Turkey, and Buff ditto . • C Sems, the 10 Decker Balanes, ditto \ • • . Tanned, or Sole, loolb. ' ' Alumed, or White, 500 Pieces . ■ ' Linen, Callicoes, the 16 Pieces ''"•'. '. • - Flax, 20 ditto ■ - • Holland, Silefia, and Wejiphalk, the 4 Pieces ■ 1 Tow Linen, Crocus, Dantzick Tow, ditto the 40 Pieces Hemp, black Tow 80 Pieces Canvas, 8 ditto Damafks, 1 2 ditto Drilling, 20 Pieces, or 500 Arfhins ■ ' From Peterjburgb, all Sorts, 40 Pieces or 2000 Arfhins Lead, the Fodder, Ton, or 6 Schippont Shot, the I oolb. Red or White., the loolb. Logwood, the 8oolb. Maft 1 5 Palms, and upwards, the Pieces - ' Small . •"" For Boats, the Schock Muftard Seed, the Laft of 1 2 Barrel Mace, 5olb. // )V..i (■. Rij(. Sti. 6 ^' Silk, fewing. Ferret, wrought Lace, 41b. Raw, the loolb. Stuffs, 4 Pieces with Gold and Silver, i ditto Skins, Beaver, the 5 Decker Otter, I ditto Ruffia, dry, Wolf and Fox, 5 Deckers Goat, 20 ditto 871 '■V. Rix. Sti. »5 3° 18 12 4 36 12 8 36 36 36 9 24 18 30 3° 18 9 12 9 9 12 24 30 36 36 »5 10 10 9 6 36 9 12 9 24 36 6 9 36 16 9 6 30 9 IS 9 36 • 9 8 4 10 30 IC 18 24 6 18 ~ 36 Skins, ■:f .: ' I' a m \ \ ■•■ ^ ?72 GENERAL COMMERCE OF THE WORLD. Skins, Calf, lo ditto Cat and Sheep, 500 Pieces HIack Rabbits' or Lamb, 1000 ditto Grey Rabbits' or Kid, 2000 Martens, 40 Hare, a Bale, valued at 72 Rixd. Staves, I'ipc, Hogfhead, and Barrel, the great Hund. of 48 Shocks Stones, Poland, 1000 Feet, or 500 Ells Sturgeon, the Laft of 1 2 Barrels Stockings of Silk, i Doz. or i2lb. Kcrfev, Woo'len or Worfted, for Children, 100 Pair Worfted, Floret, Sayctte, 50 Pair Woollen for Children, 200 Pair Succad, 5olb. Sarfaparilla, jolb. Sugar, Candy or Confedtionary, the i oolb. Loaves, Powder, Mufcavado, 200 Stuffs, Woollen, 8 Pieces Sword Blades, 50 Hilts, 50 Sweet Wood, loolb. Tallow, theSchippont Terras, the LaA, 6 Schipp. or 12 Barrels Tar, Great Band, the Laft > f 1 2 Barrels Small Thread, white and coloured, 50'' . Gold and Silver, i lb. Tin, the Schippont Tobacco, 1 oolb. Treacle, a Pi^ic, or 2 Hogftieads Turpentine, the Schippont Verdigris, the loolb. Vermillion, the lOolb. Velvet, fine, the Piece with Thread, the 2 Pieces ^' negar, of Wine, the Hogfhead Beer, Ale, or Cyder, 2 Hogflxads Wax, the Schippont Wire, Iron or Brafs, the Schippont Steel, the lOolb. Gold and Silver the lb. Wool, Beaver, the eolb. Spanijh, or nne, the 4 Schipp. Coarfe, or Scotch, 6 Flock, or cutting Wool, 2 Schipp. Scotch, Shirts, 50 Pieces Shifts, 8 Pieces Wood, Shovels, the 10 Schocks ' Dilhes or Trays, 5 Schocks >; Plates, ditto Nails, the ao,ooo Wine, BourJeaux, the Ton, or 4 Hogfheads, at 52 Rixd. Picardin, Hoogland, Mufcat, and Frontinac, the 2 Hogflieads Spanijh, or Portugutfe, the Pipe Italian and Levant, ditto Rbenijh, the Auln. . Wainfcot, Boards, the Schock , Yarn, Cotton, jolb. ; Linen, the Schipp. or 40 Sch. . . d Rix. Sti. n 12 II Yarn, Tow, ig ■ ig H All s 18 H 30 H I ni(iuUi h 36 H in DntfUiirk, 30 H donis. to av( 30 ■ Render a Lid 1 12 H (thcr Parlici 30 H in that Trail( 30 H BrimAonc 30 H to be hrough 30 H berot'Finan IX H arc prohibits 18 H Parts, prohi 18 H hibitcd by a 18 ^1 granted to C 12 ^H exported Di 12 H Oil of Linfc 18 H Mohair twi 9 H and Stockin 6 36 ^1 into anv P H Si'cltDid by lit ^1 9 ■ To the P 30 ^1 5 H Light Mnn 24 ■ I'ai's, Seal, 9 H Guard Shi( 36 H » Britilh Poo 6 H Commiilioi 9 ^1 36 ^m 9 ■ Add 3 S 9 ^1 in this and XT. ^1 A^. B. 9 ^H goes both \ 36 H At C-jpc 24 H througli al 24 |H ing Arand( S H well obfei I ^1 recovered, 36 H better RcL 30 H Belides 9 1^1 fornier bei 15 H Duties th 10 ^H cation, op 9 ■ for Jutlar. 9 ^H I'he I. 9 * ^1 and mufl 18 ^H ged. An I 36 ^1 though it I ^1 Nations 1 I 24 ^1 2 ^H 40 H, ' 24 36 H ♦-pHIJ 36 ^H the Lat. Yarn, or T II F SOUND. Yarn, Tow, the 4 Scliipponts b;iil, I Scllipp. All Sorts of Woollen, the 5olb. Kix. bti. o 36 o 36 o 36 I fliould hiTc have aiUai to the prccctiiiig an Account of the Ciiftoms on Goods in DrtinuirJt, but I omit infcrtinj,' them as I have thofe payable in all other King- ilonis, to avoid fwtllirg the Work to t(xj great a Uulk; however, I (hall give my Reader a Lift of the Commodities prohibiteii by his Danijh Maji lly, and note foine rther Particulars, netellaiy to vhe Information of fuch I'ertbns as are conterned in that Trade. Hrimftoiic is forbid Importation by a Placartof 29 Dt'icmfwr, ijzj; and Buckram to be brought into C.opcnhagtn and the liland of Siir/iind, by Order from the Cham- ber of Finances, dated 10 Sift. 1728. Cloth, Corn, and ICarthen Ware of all Sorts, arc prohibited by a I'lacart of 25 Ff/>. 17175 dried Fidi.orliiJt Cod, from foreign Parts, prohibited by a I'lacart of 23 March 1729 j Flannel, and Iron in Hars, pro- hibited by a Placart of 8 Srpt. 1730, but allowed on Oplaj';, which is a Privilege granted to Cop.uljagcii and El/inoif, where all foreign (iiKJils may be landed and exported Duty free within a Year, for P^xportation ; Kerfies forbid to be imported; Oil of Linfecd, Hemp, and Rape Seed, prohibited by a Placart of 22 Nov. 17045 Mohair twided, forbid by a Placart of 1 8 '////v 170S ; Woollen Stuffs of all Kinds, and Stockings, prohibited; Brandy, Salt, Tobacco, and Wine, may not be brought into any Port in Denmark but Copctilyi^cn : Wool Cards, not importable into Si(cl(itid hy a Placart of 15 S^pt. 1727, but admitted any where cll'e. To the Port Charges before-mentioned, payable in the SounJ, Ihould be added : Ladca in Bal. Light Money for Ship and Cargo, in Crowns Pafs, Seal, Writing Money, and Fees Guard Ship both VVays, 4 Sti. each Time Britilh Poor upwards of 24 Sti. Cominitiiun Rixd. 3 12 24 25: 12 o 24 873 Add 3 Sti. on each Rixd. Crowns, to make it current Money, and obfcrvc that in this and all the preceding Duties, 48 Stivers make the Rix-dollar. A^ D. All Mailers arc allowed 4/(T Cent, out of the Duties paid on their Car- goes both upwards and downwards. At Copenhagen a Bank was eftablifhedafew Years ago, whofe Notes are current through all Denmark; and the King's Orders, the 21ft of March, 1705, concern- ing flranded Ships and Goods, are very excellent, though they have not been io well obfervcd lately as they fliould be in Jutland, where J- Salvage has been recovered, in Dirett Contradidtion to the aforcfaid Ordinance; but in Noricaji a better Regard is paid to it. Belidcs the Sound, the Baltick has an Entrance by the great andTmall Belt; the former being a fafe PalFage, when well known, for large Ships, which pay the Duties thereof at Nybourg in the Ille of Fuhnen, where the Danes have a fortifi- cation, oppofitc to Korjber the Ferry Place in Sietland, and where all Paflengers for Jutland, Holjiein, iicc, from Copenhagen land. I'he Little Belt is at Frederica in Jutland, where fmall Ships can only pafs, and muft pay Sound Duties, and Sophia Odde in Ftihnen, both Places being forti- fied. And as Norway is fubjeft to his Danijh Majefty, I Ihall now treat of it, though it makes a Break in my propofed Method of defcribing the Trade of the Nations bordering on the Baltick all together. « i" ■ " " Of the Trade o/* Norway. 'np HIS Kingdom is ancient, and was governed by its own Princes till . 397, when •*• it became a Province of Denmark. Its Northern Borders at IVarahuus, lie in the Lat. uf 70 Deg. 59 Min. and its South-Eaft at Frederichjliald in 59 Deg. 20 , . 10 N Min. ilil MS'i' M III $74 GF.NFRAI, COMMF.RCK OF TIIK WOIU.I). Min. its South-Weft I.imiti bcinjj the Mi?*', in i;j Ve^. ^o Min. ami the iiil.mil I'riinticrs arc in many I'laics rc|i.iratc.l iVom Swfthn l)y a Ranpe of Mountuiiv*, which continue to the North Sea. The I'ountry is very liaruii, not proJuiini^ a Suiriiicncy either j)f Corn or Cattle for the Inhabitantj' Support, altlini^Ii it ii in general very thinly pcopleii, proportionate to it; vaft I'^xtcnt, tontauiinj; only two huiM'.cd ninety-one I'arilhcs, with nine hundred thirty-nine Churches ami Chapels i.A' Eafcj it ditfcri from all other of his Dtinllh Majefty's Dominions, i'l producing many more Con>inodities lor Kwroit itioii than they all put together j its Natives being active, laborious, induftriou*, and honcft. Copper is one of itu principal HrfMiudl«, nnd of this the chief Works arc at R:- rtMs, Silhoc, f^/iim; MMiil/, or l.yikfns, }\wiliil>l, and yUirJa':'. The full of theli: Mines yields about three hundred and hfty Tons yc.irly, on wliii. h the Knv; liath two Rix-dollars ^rTon Excife, a Tenth in Kiml, atula Dut) on I xport.'f ju of 8/. I 5 f. I^tr Ton, which brings near onc.-fifth of itf Value into the KtTonue. It is moftly (hipped for Holland, and the Proprietors of this Mine have it dividcil into one hundred and feventy-twu Shares, each worth about 5)0/. Sterling, as in .1 Medium of twenty Years paft, it hath yielded twenty />,r Cent, annually, after having been worked about one hundred and ten Years. It lies alxxit one hundrcil and eight I'.nglijh Miles E. S. E. from Dronticiiii. i^iiiknt Mine is more ancient than this now mentioned, lyin^' tiiroc hundred and fixty Miles to the S. W. of it, and produces about fifty Tuns yearly. MiliLibl is the third, and has been wrought with various .^ucccIn, having fometimcs rendered the I'roprietor fifty />.rCV;//. and at others notiiing: The Me- dium Qiiantity is computed to be near fifty Tons yearly. Sill)oc had been given over for fifty Years, but wroui^ht again for fifteen pad by the Boors; is two hundred and forty Miles from Dromhtlin. Vaadahl hath been wrought about three Years, thougii it had been given over for fcvcral beforej it now affords great Hopes of being the fecond Mine in Nov' •way, and is about fix hundred Miles W. from Drontoeitn. ylitriiiil.il, eighty Miles S. S. E. from litrgcns was rental by the F.ngUp} Charitable Corporation about the Year 1731 j but whether through the Stubbornnefs of the Ore, Ignorance of the People fent over, fonie Iniquity of the Managers, or all to- gether, fevcral thoufand Pounds wcrefimk, and after one or two Cargoes had been ihipped for Neivcajile, the Company flopped Payment, and the working the Mi.v; has been ever fincc difcontinued. About three Millions H''inche/ler Hu(hels of Ch.ir- coal, and many thouland fathoms of Billet Wood, are yearly confumed at the fe- vcral different Mclting-Houfes, wliich latter beginning to grow fcarce, makes it probable that the Drain of a few Years more, will oblige the Artificers to have Recourfe to Britain for a Supply of her Mineral Coal. The five laft .Mines are exempted from any Payment to the Revenue on Account of their Property ; and in that of ^kkne is a Well, whofc Water turns Iron into Copper in three Years foaking. At Ktnigsburgh, four Miles above 6V/w/;/Jc, are alfo Mines of Silver, which, in May 1731, were k » to farm, after a Prohibition to all Strangers had been ifl'ued in the preceding February, not to take any Intcre/t therein. And a't Dronthem is a Pearl Fiflicry, whofe Revenue the King gr intei to the Queen in the faid Year. Its other Products arc Iron, Pitch, Tar, I'illi, Skins, Tallow, Butter, Afties, and above all Mafts, Boards, and Timber. About the Year 1738, an AUum Work was eroded near ChrijUana, where is an inexhauftible Rock of Slate, which is burnt into AHies, and thefe being iteeped in Water, and afterwards boiled, produce AUum, though my Author is uncertain whether any Urine or Kelp is ufcd in the Operation. Carraways alfo grow very plentifully in this Country, and large Parcels of them arc annually exported. Of Cryftal a good deal may be got a tew Miles above Chrijiiuna, but a Sample of it having been li;nthere to London, its Quality was difeitecmed. In Iceland is the famous Vol- cano Hecla, from whofe Mountain great Quantities of Bj-iniftone aro procured, whicli occafions this Commodity to be prohibited Importation here, and the Wool of this Illand is very fine and long; it was peopled from Normay !-> about 950, is go- verned by a grand Bailiff, hath two Bilhops, and thirty-fevea Paririws. The Imports are Spice, Wine, Brandy. Vinegar, Choefe, Tobacco, Woollens of all Sorts, Salt, Beer, Bottles, fait BexS, black Lead, Brali, Buckrami, Butter, Cal- licoes. OF T H F. S O U N D. iicoet white and painted, CandtcN, Caps, Silk, and VVorllcJ, C.invif, Coals, Cop- tcras, Cork, Coriander Scfd, Cotton, Covcrltti, Currant i, Cyder, Dimity, dry 'i(h. Corn, and Flour, Cilal'., (Jluc, Gunpowder, Hats, ncrrin;',s. Indigo, Lead, Leather, Linen, Mead, Mull.inl Seed, Mercery, Nuts, Pc\vt«r, Ciuickfilvcr, Rai- fuiK, Rice, Siitfron, Salmon, Steel, Stockings, Sugar, Sweetmeats, Tea, Tin, Silks, Verdigris, Vitriol, Wax, Wire, and many other Ihiail Commodities too numerous tu he inlerted. About twelve Years ai;o, 'Joachim rncdcric Baron Beurt, a Bolj,m!ati, crcifled as niicctor CJencral, at the King's Isxptncc, a Salt Work at AnJ'und, near the lurtjcr [llaiid, witii a great I'ilc of Buildings j and the Water there being much frelhcr tlian in the North Sea, is pumped up to the Top of the Grader Houlc, from whence it is conveyed by a great Number of S^iouts, and fiilJs upon many Hurdles, with tlic Bark taken off, in Order to dilFipate the frcrti Particles of the Water, and pre- pare the Remainder for the Fan, to which the Houfe being left ojicn on all Sides, that the Air may iiave a free PalTage, is intended to contribute, and by this Me- thod they endeavour to imitate the Salt of France and Portugal, though the Qua- lity is much inferior, and will not keep in damp Places. This Kingdom has many good I'orts, but the following ones only are appointed for the landing or ladeing NIerchandizc, from or to fureign Parts, or thole of the King's other Dominions, whofc I'rade I ihall brietiy particularize, having already fpokc of it in general. Abrendal. The ufual Exports of this Place are lliort Timber, and a few coarfd fawn Deals. hergen was once a firfi: Rate Hans-Town, and the Srat of a Bi(hop and Grand Baily, though its Trade has foi fome Time gone very much to Decay j i;t jircfenl its principal lixports arc Tar, ordinary nine or ten I'cct Deals, fait Cwl, Stockfi(h, Herrings, and Salmon; here all Sorts of Corn may be imported, on paying a Cuftom of twelve Sti. Spcci#^fr Barrel. Chrijiiana is a City about a hundred and thirty-feven Years old, the Rcfidencc of a Viceroy, Bi(hop, Grand Bailiff, and is the High Court of Norway i from he.ice are (hipped the grcatell t^iuntity of the beft Deals in this Country; and befides it has an Allum, and a Stuff Manufadture. Chrijiianfand, built about an hundred and twenty Years ago, is the Seat of a Birtiop, and Grand BailitF; its chief Exportation Timber, and a few Deals moftly ill fawn. CbrijUanfund was callctl Faarfund until 1732, when the late King gave it its rirefcnt Name; its yearly Exports are about two thoufand Barrels of Tar, fome bad *itch, of which they have little in Norway, Stockfifti, 10,000 Barrels of Cod and Ling, 48,000 Barrels of Herrings, fome few Deals, Train Oil, and Salmon. Dranwhn is a general Nanie for Bragnca, Copperwyk, and Stromfoc; it exjtt, ts great Quantities of Deals and Timber. It lies about four Miles diftant from Konigjherg, where the Silver Mines are, and by a Placart, dated May the 4th, 1706, all Ships going to Drammen in Ballaft, are dircdted to caft it out near the Cuftcm-houle, for Prcfervation of the Ground whereon it is built. Drontheim, called aUb Trundhcim, is an ancient City, and wa^ formerly the feaC of the Norioay Kings; though now become the Reiidence of a Grand Bailiff", and Bifhop, whofe Cathedral is the moft magnificent of any in the Country, being built with a coarfe black Marble, which a neighbouring Quar;y produces. Its Exports are fourteen Feet three Inch Fir Deals; great Qua'-.cities of nine to ten Feet one and half Inch ditto; red and white Deals, in all ten to eleven hundred thoufandi Tar, and near five hundred Tons of Iron, mci'tly iov Amjlerdam. Molla, a fmall Port, which only aftbrds fome Tar and Fifli. In 1748 the above three Ports were farmed by feveral of the Inhabitants for tea Years, at the annual Rent of 32,000 Rix- dollars, which has produced them vcrj- great Profits by the yearly Income of 40,000 RL\-dollars from Dronthei}?»20,oo9 from Chrijlianfund, and 6000 from Molla. Tkkki'Jiara, whofc chief Exports are Salt Fifli, Herrings, and Stockfiih. Frederichjhald is the eafternmofl Town in Norway, and was built about a hun- dred and twenty-eight Years ago; it is leparated from Sweden by a Ford two Englijb Miles broad; and its Exports are confined principally to Deals, with a few Balke 6 and 875 1 I' % nif . m yields 876 GENERAL COMMERCE OI- THE WORLD. nnd Spars: Its Oplag occalions the Importation of all Gootls in their own Sliips, bcfulcs Iron from Swalcii , under any Colours. Frith richftad vote on tlic Decline of Sarpjl'iirg, lying a Mile and a Quarter ui) the River 675WW(7/, about a hundred and feventy Years ago; fiom he.'ice nianv Marts, Load Balks, Deals, Spars, fmall Ualks, &i\ are annually exported : It is the bcft fortified Town in A'orwo a I 8 II 2 2 16 12 *3 H ;i 18 3 3 3 4 4 4 5 o I 2 o I 2 O o 8 6 o 8 16 o Winter Hire, i Part more to be paid from the i6th of OHober to the i6th of March, and when the outer Rocks do not exceed one Mile from the Port, only iiiigle Pilotage is due. For every Foot above 1 8, t Rixdollar /rr Foot more than the 5 Rixdollars, the Feet to be reckoned as are marked, and the Pilotage to Sea to be 4- lefs than this bringbg in, and nothing reckoned for 4., |, ~ or 4^ Feet. Fly-boats, Hays, and other flat built VefTels from Sea Rd. Ro. s. ',-< 4> 5, and 6 Feet Water 120 Or half as much more as Hiarp built Vellels. . ■ ,9 \- II it* I 1$ H 2 a 3 3 4 4 5 5 o 2 o 2 O 2 O 2 O O o o o o o Pilotage by the Mile, when do not exceed fcur, Ships of 4 to 6 Feet, each Ft. o i 8 6 to 8 o I 12 ; ,, 9 to 10 ^ !! o I 16 . ^ , ,*.; II & 12 '^..<..^- O I 20 , ; :tj X. '. 13 & 14 -020 _"_,',-■,;'(,'.. J\,r. ,, 15&16 •'v;'.- 028 17 & 18 O 2 16 Flat built Ships pay ■}■ more ; above this Depth i Rixdollar more for each Mile j if the Pilot carry a Ship above four Miles, he is to receive 4- Part lefs, but if nine or twelve Miles inclulive, 4. lefs for each Mile. Winter here to receive 4 Part more alfo, for Pilotage in and out. Whilft the Pilot is aboard, the Ship Mafter mufl; provide him free Meat and Drink, but if obliged by contrary Winds to keep the Sea, one, two, or more Days, the Mafter, exclufive of the Pilotage, muft pay the Pilot two Rixoorts daily. N, B. Nothmg to be mid the Pilot for Attendance whilft the Ship h in Har- bour, nor can he demand Provifions. 4. The Pilots muft not, on Forfeiture of their Place, take more Pilotage than what this Placart allows, except in ftormy Weather, where Hazards are run, or more Pcrfons employed for the ikving People, Ship, and Cargo, or when flie hath loft Mafts, Sails, or Rudder i the Pilot may in fuch Cafe agree above the common 10 O Rate, Hm I '. 'u i:i HI 1' 1 , m\ 878 GENERAL COMMERCE OF THE WORLD. Rate. If the Mafter refufe to agree, the Pilot notwithftanding muft do his Duty, and the Pay be fettled by the Oldermand and two difintcrcftcd IVrfons ; but if ci- ther Party be dilTatiiified, the Magiftratcs may attempt it; if- their Determination be alfo difliked, it may be appealed to the Court Of Admiralty in Copcriha'^cn. 5. As foon as the Pilot fees a Ship in the OfHng, with her Colours, out as a Waft, he rtiall go with his Boat without the outer Rock, 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 Pilot appears, they ought to attend in that Neighbourhood ; and having no reafonable Excufe, /hall forfeit two Rixdoliars cacli to the Poor. And the Oldermand, for not keeping better Order among the Pilots, fliall forfeit four Rixdoliars for the firft NegleiS, five for the fecond, ajid lofe his Ofiice for the third. 6. A Ship having brought to for a Pilot with his Colours out, and none near at hand, the Fifhermen who have been ufcd to oriiciate as Pilots, may then take Charge of the Ship and carry her in, recovering full Piiofage lor their Trouble, without any Deduftion, though none but Pilots may carry a Ship to Sea, except Fifhermen appointed by the Oldermand. 7. That the Pilot-Boats may be known, they fliall carry a red Cloth in the Middle of their Main-Saii, but when they cannot ufe it, (hall fliew a white Cloth at the End of their Sprit} and on Ncgleft to fliew thcfe MarJts, they (hall each Time forfeit two Rixdoliars to the Oldermand, and two ditto to the Poor. Fifliermen ufing fuch Signs fliall forfeit four Rixdoliars each Time. 8. When a Mafter hath got a Pilot on board, he fliall not be obliged to tatc another on his coming into another Pilot's Diftrift, if the Pilot he has is acquainted and willing to proceed farther ; though if the Oldermand order another Pilot, the former mufl: quit, to prevent the Harbour's being left deftitute; but if the I'ilot engages to go farther than he is acquaintetiy and a Damage happens, he fliall pay it, as the Law dircfVs. Coie IV. B. I. Csp. v. A. 9. When a Mafter has any reafonable Caufe to ronplain that his Pilot has not done proper Duty, and the Weather permitting, Colours were put on to flicw the Want of a Pilot, the Mafter fliall 'n this Cafe take the Pilot and Oldermand, and in Prefence of two Sea-faring Shipmafters, 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 Reafoh of Complaint, is entitled to the fame Liberty. 10. The Pilots are to have Blanks in the Maftcr's Language, for him to fign, notifying what he has paid him, as fliall the Pilot for what he has received. 1 1 . Wind and Weather permitting a Pilot to condudl a Ship into a convenient Harbour, he muft not on any Account carry her into one where the anchoring Ground is too deep, efpecially late in the Year, or in Winter, except in Cafes of Necefljty ; ar.J then the Pilot fliall before-hand acquaint the Mafter with the Circumftances, and muft however anchor in the moft convenient Place, on Pe- nalty of four Rixdoliars j and the fame Sum on neglefting to take an Attefta- tion that it was not his Ncgleft. A Pilot conducting a Ship through dangerous Places, or altering the Land Marks, fliall be imprifoned for Life in Bremerhdm, or fufFer Death if he defervcs it. 12. As the Captain is allowed one Tenth of the Pilotage, the Oldermand of the Pilots fliall have three Stivers on each Rixdollar, both of them to be deduc- ed out of the ftipulated Ratej j and if Pilots carry in and out of Harbour, which do not lade or deliver in that Country, the Captain's Salary fhall be only one twentieth Part. - 13. Forfeitures to be dftiributed among poor Sailors. 14. The Colledors of the Cuftoms are to aflift the Pilots in getting their Pi- lotage, and not clear the Ships until they are fatisfied, or have the Oldermand's Atteft wHat Draught of Water flie drew in and out, but muft dedud the Salaries, if the Mafter has paid them to the Oldermand. 15. A Mafter laiHng before he hath paid his Pilot, fliall, when met with in Norway, pay the Debt, and the like Sum to the Poor, befides the Law Charges : And a Mafter ufmga Pilot ill (hall forfeit as the Lawdireds, '.. .'l,/ ilVl,!.,!, .. jV ^<.,,» ■! k'l ,.» fill! . • ~ • . ■ J^_ ^5 *i- OFTHESOUND. 16. As Pilots are always obliged to keep a Look out, they ftiall have Rc- fcrvcs of others. 17. If the Magiftrates' or Admiralty's Decifions in Law Suits between Mafters and Pilots are difliked, either Party may appeal to the King. 18. Ships bound to any Port within the Feeder, and flop, with a fair Wind; in any out Harbour to fmuggle, the Pilot (hall immediately inform the ncareft Officer of Juftice ; and the Mafter, on due Proof made againft him, muft pay the two hundred Rixdollars, as direded in the Book of Rates ; the fame to be alfo obferved North of the Naze : And a Pilot negledting to give fuch Information fliall lofe his Place, 19. The King commands all his Military Officers to be affifting herein, and to keep thcfe Orders as a Law. Mailers of Ships muft make a true Report at the Cuftom-Houfe, within twen- ty-four Hours after their Arrival ; and, if required by the Colledtor, muft pro- duce authentick Bills of Lading. The not reporting within this Time limited, incurs a Penalty of twenty Rixdollars daily j if they negleft to report all their Cargoes, they muft pay twenty per Cent, on the Value of that Part omitted, except he will make an Oath it was an Error, without any finifter Intent to fmuggle them. If they belong to Mafteror Mate, they are confifcable and liable tc double Duty. Mafters muft be careful not to fail without their Told-Zedel, which is a PafT- port given them from the Cuftom-houfe, containing a Lift of tlie Cargo, and that the Laftage, Teinde, or tenths, a Cuftom, and Lights are paid j otherwife being found without it, and the Cargo is difcovered not to be duly entered, treble Duty muft be paid, and the Mafter condemned to Chains for Life in Bremerholm ; if the Ship be only in Ballaft, the Puniftiment is to pay ten Rixdollars, and the pro- ducing falfe Paflports, with an Intent to defraud the Revenue, incurs a Forfeiture both of Ship and Goods. The Lights in thi^ Province are the Fader, built on a high Rock at the En- trance of Chrljliana Fiord, and two on the Naze Point j in Denmark, they have the Scha'w, and Anhclt in the Cattegat -, that on the Sand Bank called Hcagen, at tlic Point of Jutland, was fome Time ago waflied away, and I believe not yet feftored. The Sea Marks here, are the Cow and Calf near Mandahl. OfF Merdoe Illand, the Trom ilills, and Trom Church, with a new built whitened Steeple, and the above-mentioned Light-houfes. The D.inijh trading Companies, are thai of the North, the Iceland Company* and the luijt-lndia Company. The firft was eftabliftied at Copenhagen, in 1 647, by Frederick III. wliich has not only very confiderable Settlements in Norway, but they lend their Ships alfo to the Port of Varanger, at the Bottom of the Gulf of the fame Name j from whence their Commiffaries penetrate by Land, both into the Datiijh and Mufcovite Lapland, on Sledges drawn by Rein-deer. They alfo extend their Trade to Boramiia and Siberia, where their Faftors advance even to Panigorod, the Capital of this Part of tlie Czar's Dominions ; and the Goods they carry are Rixdollars, Tobacco, Brandy, and Linen, which they truck againft a Variety of Furs, the only Produds of thefc 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 their's. It is the Ships of this Company only that are permitted to trade with this lUand, which lies in fixty-five Degrees forty-four Minutes of Latitude and thirteen Degrees andthirty Minutes of Longitude. The Inhabitants, although at prefent ChrilHans, are notwithftanding almoft as much Barbarians, as before this Religion was profeil'ed among them. They neither buy, nor fell, or know the Ufe of Money ; fo that all their Trade confifts in Barter, either with Strangers, or between one another ; this Ille became fubjedl to Denmark at the lame Time with Norway j and their chief Tralfick confifts in Beeves, Sheep, and Horfcs, ajid the Skins of thefe Animals, dry or falted, dry Filh, Butter, Tallow, IJiimftone, and the Furs of Foxes, Bears, Wolves, ^c. Among the Sheep they h.Vv: a very extraordinary Sort, being large, with eight Horns, which the Natives are obliy;cd to faw oft', for fear of their wounding tiie other Cattle, as they are 6 ditiicult 879 i m. \\)c\ li'ii S8o GENERAL COMMERCE OF THE WORLD. difiicult to tamc; their Wool Is thick and fine, which recommends it to a good Sale. The Dttnes i.arry '.o thefe Iflanders, in Exchange for Commodities, T and almort all the Trade is carried on by the Intervention of okl Rix-doUais. 83j Of the Commerce carried on <;/Archanoel and other Parts o/* Russia. TH E Trade of Archangel alfo comprehends that which may be tranfadted as far as Mofcow, by Means of the Diuina on which this City is built, of other Rivers with which this vart Empire abounds. Befides the Englijh and Dutch, who alone carry on more Trade here than all other Nations put together, the French, Swedes, Danes, Hamburghers, and thofe of Bremen, have their Ma- gazines and Correfpondents at Archangel. The Commodities fit for this Place may be fecn 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, Fuftians, coarfe Cloth, and other light 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 Caftor from Canada, which often fells for ready Money, though this is feldom the Cafe with any others. Furs are, as one may fay, the Foundatiori of the Trade carried on with RuJJia, and the Chief of its Exports; and although they do not differ in Quality 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 iJu^i^ Leather, dry or falted Hides, Goat, Bear, or Wolf Skins; Hemp, Flax» Hogs' Briftles, Fifli Oil, Caviar, Tallow, Tar, Wax, falted Salmon, &c. are Commodities that Mufcovy yields, and of which the general Staple is ertablifhed at Archangel, which, fince its being frequented by the Engli/b, and afterwards by other Nations, has carried away a great Part of this Trade from the Baltick, and jxirticularly from Revel. Of all thefe Produdts and Goods, the mort erteemed are the Hides of Jeroflaw, the Honey and Wax of Ptejkow, the Tallow of Fologdaf the Oil in the Neighbour* hood of htlga, the Flax and Hemp of the great Novogorod, the Pitch of Dwina, and the Sables and other Fur, ^f Siberia. Afracan, a City under the Dominion of the RuJ/ian Emperor, is feated at the Mouih of the Volga in the Cajpian Sea; the principal Merchants trading here are Mu/covites, 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 Libercy of carrying their's. After Noon the Ruffian Bazar is held where the Armenians are equally admitted, and the Indians tranfadt all their Bu- fincfs in their own Caravanl'era. Bratoffiena is a Village near to Mofcow, on the Side nearert to Archangel, where Commiilioners are ertablifhed to examine all Goods deftined for Mofcow, which after i 1 ! i I 884 GENERAL COMMERCE OF THE WORLD. after being fcarr.hcd, and the Lead here put on them, arc no more diftributcd till their Arrival at that City. Burates, a Nation of Mu/covi/e Tartary, which inhabit along the River AngarUt and the Lake of hckal. They arc rich in Cattle, particularly in Beeves and Ca- mels, with which the Mufcovitu Caravans that go to and from China arc com- monly provided here, paying their Hire in Goods, and not in Money, of which thefe People make no Account. The Merchandize proper for this Pljce are black Sables, Pewter, or Copper Ba- ions } Hamburghin' red Cloths, Otter Skins, Per/inn Si'.ks of all Sorts of Co- lours, and Gold and Silver Ingots. The largcft Ox hardly comes to four or five Roubles, and the ftrongeil Camel to ten or twelve, the Rouble on the Footing of five Guilders as in Rujjui. Jerojlaw, a Mujiovite City on the River Vologda, wher« one of the greateft Trades oi iWRtiJia is negociattd, principally confilting in Hides, Tallow, Linens, and E'ruihes. Mokaira, a great Monaftery, with a Village of the fame Name, featcd on the Kerjimie that falls into the Volga, z gre;it River of Miifiovy. This Place is famous for its annual Fair held here in the Month of "July, and which lalls for fifteen Days. The Majority of the RuJIia Merchants ufualiy attend it either to buy or fell ; and, for the Conveniency of Trade, here is a wooden Caravanfera built, where they lodge and retire their Goods. Solo-witzjoda is a Mujiovite City, celebrated for its Trade, where are many good fubflantial Merchants, and excellent Artificers, particularly in Works of Silver, Copper, and I\ ory : It has alfo in its Neighbourhood many Salt Ponds, producing a great deal of that Commodity for Tranfportation to Vologda, and fcveral other Places, even as far as Archangel. Tomjkoi, fubjedl to the Czar's Dominion, is a City feated on the River Tom, in MufcQvite Tartary ; a great Trade is carried on fj"C!r> hence to China, by tlie Cham of Bufuchtu, and the Buchares, among which fome Ruffian Merchants mix. This Journey is made in three Months, and the fame Tine expended in their Return, but with an inexprcluble Trouble, as every Thing mufl be tranfported on Camels, even Wood and Water in fome Places; and it would be impofiible for the Rujjians, or any other foreign Nations, to perform this Peregrination alone, the Country being full of Robbers, who pillage all Paflengers, except they arc well accompanied or guarded. I fliall lay nothing here of the Trade whicli the Rujjians do, or might carry on by the Volga and Cajpian Sea to Perjia j by Tartary to China ; and by the Black Sea to the Dominions of the Grand Signer, as the other Nations of Europe are but little concerned therein, except to account for the Rife of Peterjburgh, a modern, and now very flourifhing City. Peter the Great, having formed an Idea of the vaft Advantage his Empire might reap from fecu ring to it the Silk Trade o( Perjia, in the Year 1722 ap- peared more confirmed than ever in his determined Endeavours to make himfelf Mafter of this Branch of Commerce, and in Order thereto, he took Podellion, 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, particulary tlie Coafls of thofe Countries where Silk grew in tlie greateft Plenty, fuch as ^ilan, Schir- 'uan, and the Neighbourhood of Scbamacbi: In EfFeft, he accompiuiied an Ex- pedition on that Sea, feized the City of AndreoJ', in the Province of Dagbejlan, and laid the Foundation of another large Harbour near Derbent, at the Bottom of the JS SiuaLii, and the City they built there Chri- Jiina ; but this lafted not long, as they were driven out by the £)«/t\6 j and no other Eftablilhments have been made, or Charters granted, cither in Ajia or Ame- rica, till the 4th ui'Junc, 17^1, when his ^wf^/z/Zj Majefty founded a Company, by Letters Patent in Favour oi Henry Koning, and his Allbciates, whofe chief End was to commence and regulate a Navigation and Trade to certain Parts and Places in the Eajl-Ind'cs, where the other Powers of Enrope had not ac- quired any jurifdidion or particular Right of Trade. This Patent gives the faid Company a Liberty to fail to, and trade in all IMaces beyond the Cape of Good- Iljpc, where other Nations have a free Commerce, for the Space of fifteen Years, but they are not to extend their Trade to any Port belongi .g to other European Princes or States without their Leave. The Ships employed in this Trade fliall always fail from Gottenburgh, and return there to unlade ; and the Company fliall pay the King and Crown, during the liiid fifteen Years, a hundred Dalers Si/ier- munt per Laji, for every Vcflel they employ and lade for the fiiid Traffick, ac- cording to their Siv."" ; for which Purpofc they ihall be meafured before their Departure from Gottenburgh, and this Import to lie laid in Carolins in Specie, fix Months after their Return ; and the Company Ihall alfo pay for the Goods they Ihall bring from the Eaji-Indies, two DaLrs Silhcrmunt 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 furnilhed tlierc with all the neccfl'ary Materials, provided fuch Shijis and Materials are to be had there ; but, if not, the Company has Liberty to procure them where moft con- venient i only to regard benefiting the Fabricks, Produilts, and Manufadtures of Sweden all pofliblc. The faid Ships ihall carry the Swedijh Merchant Colours, and be provided with Commifiions figned by his Majefty, and Pall'ports from Algiers. The Company may employ in their Trade what Funds they judge con- venient, and raife them cither by Subfcription, or othcrwife, as they think proper ; they may alfo put aboard their Veirels what Guns and Ammunition they ihall •want ; all Sorts of Merchandize, and Produdts, Silver coined, orotherwife, except- ing the Specie of the Country, bearing the Arms of his Majefty of Sweden j and in like Manner may bring back, unlade, and fell, whatever Goods they will. The Ships not to be ftopped from failing, or hindered coming into Port on their Re- turn on any Pretext whatfoever. 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 Conftrudtion or Refitting of their Ships, Ihall be exempt from all Duties, as their neceflary Provifions and Stores fliall be, provided that after their Declaration at the Cuftom-houfe, and put under Lock and Key at the Company's Warehoufes, till the Time of their embarking, they pay the Cuftom-houfe one- eighth ^er Cent. Recognition. But for the Produdts and Tvmtsoi Sweden, where- with the Ships may be laden from India, they fliall pay the cuftomary Duties, according to the Tariff, as alfo thofe of the City. The flopping of the Goods brought home, on carryiqg from the Ships to the Magazines, or from one City to another, is prohibited after Payment of thofe before ftipulated to the King. The Captains fliall, for the Difcipline of the Sailors and Soldiers, have the fame Authority as Commanders of the King's Ships, though they Ihall conform to the Company's •«7 !i,' If I !• BUS CPNFRAL COMMF.UCF. OF Till'. VOiu.I). Company's Indnu'lioiis in tvcry l'.irtiuil.ir rcl.itivc ti) tlu'ir N.ivij^.itluM aiiil Tr.iilc, nroviilal tlicy an- in nothini^ lontrailiClDry to tliit pallrit (Maiit. None <.(' rho l'iliiipa;;c rf tin- I'aiit Ship mall he foiial into the Kitii^'s Service, nor that of anv otlu'i' wh.itllicvtr: Hut it is not pcmiittcil to employ other SoMicrs or S.ijloi:) who have ili lii tcil his Majcfty'h Sciviu'. 'I'luy have a l\u nlty to arrcll, hy tli* M.i';inraiv of the I'lacf, all Soldiers or S.iilors who (hall have run away, bif'Tc the rime elapfed that they hail engaceil (or. The Ship; havini; tlelivercil and iii!(,l their homewanl-hounil Cargoes, the I'urthaler:. ihill pay no Exports, or any other Duties, whether they (inil the Clotxls to lome other Port in .Vuv./,7/, or di- ie>;tly to a rorei:;n one, CAiept one -eighteenth /><•/• C'l/it. (..\\k\\ Keeognitiun. T'hc Diredioii of the Company (lull always i the Stock of Stranj;ers or others interefled and en^^i^jed in the faid C?ompany, (h .(I not be arrelkd on any I'retenec whatl'iK-vcr; and his Mijefty will nnt!irali:':c all (licli as flvall apply for it, act ordin^; to their (^ality and Condition. If it h.ippens that the Company, or thole employed by thein, be molelled, ill u(ed, or hindcreil in their Trade by any one, or in any Part ot' the World whatfoever, hi"^ Majerty j;rants them t'ull Power to obtain Ivitisfat'tion, and ilo theinlUves Jullic c I>y every convenient Means, and to repulle all Violence; re^;ardui'; thole as I'ir.itcs .md finblitk Enemies who ort'er it, his Majelly willing that tlie laid Power be ex- prefsly inlerted in all the Commillions he (liill ll^Mii and i(', contrary toallcx- pedation, the faid Ships (hould be attacked or taken, hi;; Majelly, after havinjj examined the Injury done them, and found that they had in nothing acted con- trary to the rtrfl Article of this Charter, will grant them his ProtcVlicjn, and fuf- ficient Power to obtain Jufticc, and an entire Indemnity, either by W.iy of Kc- prifals, or in the fpecdiell Manner pollible. All other Subjeds arc prohibited, iluring the (aid Term, to carry on any Trade to the Eali-jiidics, on Penalty of his Majcfty's Difplcafure, and Contifcation of their Ships, l%t^ei:ts, (^c. His Ma- ie(^y promifcs to change or augment the Privileges contained in the prefent, if it ihall be found iiece(rary, for the Promotion of the faid Commerce. Given at Utoiktclm at t'le Senate, ^c. Of the Commerce of S w i t z f. R l a n i> ami Geneva. THE Swifi, fo famous for their Candour, Fidelity, and Bravery, arc alfo equally celebrated for the Trade which the principal Cities of their Cantons tranfad with Strangers. The Situation of their Country between France, Clerminy, and liafy, joined to the profound Peace they have always enjoyed, and to the Fa- cility of Tranfportation, by Means of the Rivers Rhine and Rlane th\t flow from their Territories, occalions their Tratfick with thofe States, and the Low Countries, to be very conliderablc, efpecially in Time of War, between the Powers who ixjlfefs them. By the Rhine, Sii'itzerlandhwf. a Communication with the Ocean; by the Rhone with the Mediterranean; and it may be faid, that it even makes the Communication of the two Seas; fince that of the Rhine may be gone lip as fiir as Sey/el, feven Leagues from Geneva, where the Goods embarked for Merges are tfanfported to Jverdun, and from thence go' by Water even to Ho/- land; there being a Canal of Communication between Merges and Tverdun be- gun, and which may be finilhed at a fmall Expence. Within Land, the Tranfportation of Goods from one Place to another is cafily ixrformed by Mcjns of the Rivers with which it abounds, notwithftanding the Mountains crofs the Country in many Places. iiic!tzerhii:d is in no Lack of any Commodity neceflliry to the Support of Life; Wood, Corn, Wino, Cattle, Sheep, whofc Wool may be employed in making 6 Clothing , OF SWlTZr, RI. AND. Clothiin, ami Flix, iircliTc in ;;rJU AbuiiJincc; fo tint Salt ii\ P.irt is thei^ only W.nti hit th-* T/W, Fraf/i-Ci'ifiti', anJ fiiviin.i, arc forw.inl to furnifh it, fo thit this Article is not an Ohjfd of Commerce, being one of the ilevcnuci oftlic St.iff, wh) .il )(i: minvj;f this Hnlinffs, and fi;ll this (Jo nmoihty at a very iiiiKLiMt ■ IViir: Soiiv Pinu- liiKt; a Mine of Roik Salt was diftovcrc'l ncir .iij!;/t; in tlu- Canton of li;fi', on thj Kronticrs of ra/ayi hnt this, at mofl, can only finnidi (inf-fhirdof whit is nerelfary fertile Co-intry of I'autt. >;■(//;( V fiirnillus tuwariis the general lni|i()its of this Country, Salt from i'r.inchi'-C'.mpic; Wine from Hur^umly, (iold, tiill<, and Silk Maniifadturcs from l.yoni; and many li^lit Woollen Stuffs, made in the Provinces bordering on the Catitons. It has fiom Curmmy all Sorts of Mercery, and particularly from Nuremberg, a L';rcat (^u.intitv of ifard-w.ircj anil 1 liiie^ I'lom /•VY/«r/o//. //g. Grafijoii, feated on the Borders of the LaVc of N^eufcbate/, at a League from Tverdoh, is aho under the Dominion of Berne and Friiouri;, and is the Staple of Salt from h'lMche-Compte for Switzerlaiut, in whole Neiglibourhood is a good i' aper I'abrick at a Pla it is feated on the Borders of a Lake, which communicates with ♦hofe of Morat and Bknnc, and difcharges itfelf that Way into (he Aar and the Rhine j which extremely fa- cilitates its Trade, not only with the Reft of Switzerland, but alfo with Germans and Holland, for which Places Veflcls depart twice a Year with Goods and Paf- fengers ; it is a very pleafant Voyage, and is generally performed ir> fifteen Days. All the Subjefts of this Sovereignty are exempt from Tolls, Imports, and othv. Duties, as well for the Goods they bring 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 Fairs in »lie Year, at which the Merchants pay no Cuftoms on Imports and bur a Trifle ci Extrafts. Their Tr?de is pretty extenfive, and here are Ma- £, .:^ints, where Traders of the neighbouring Places may purchafc the various Commodities fiom India, England, Holland, France, and Germany, at reafon« able Piices. The chief Fahricks of the Country are printed Cotton, in Imitation of Ciiintz, pudied to a great Degree of Perfection, the Beauty and Vivacity of the Colours, equalling thofe of the beft AJintick Performances ; here are alio manufadlured Thread and Cotton Stockings, of which a great Confumption is made in Italy, France, Spain, Fortu^al, the American Iiies, and even in Holland, notwlthftand- i..g the fine Fahricks of Harlem ; the Dutch Merchants having dillinguiihed the Goodnels of the Thread and Work, btlides a confiderablc Difference in Price. The Glovers' Trade has been long in Repute, and the Thread is fpun finer here than in Holland, to above tlie Value of forty-five Shillings Sterling per Pound Dif- ference. The Manufafture of Lace is fpread through the whole Canton j the common Sort are wrought in great Quantises in the Mountains, and a prodigious Sale is n)ade of them abroad j in the City, the Perfedtion of this Commodity is Duflied to a Degree of Equality with thofe oi Flanders for Beauty, and to furpals ti.em a grait deal in Quality ; here are alfo made Linens and Tapes, and the Cha- mois of A'en/c/jatel is in great Efteem, it being fent to Italy, France, and Germany. The Village of Serrierres, dependent on this City, and which on Account of its Proximity might be regarded as one of its Suburbs, is confiderablc for the many Wheels which the little River bearing its Name turns, without ever hav- ing the lead Interruption from the roughelF Winters or driell Summers ; among which are grinding Mills, Saws, Polilhers, Forges, Founderies, and battery Works, for Copper, Iron, and Paper; here are alfo made '\'ariety of Hard-ware, but the Iron VVireand Cards of this Place arc, above all, in great Eftteiii. The Medicinal and Vulnerary Herbs found here in great Abundance, its vaft Herds of Cattle and Plenty of Corn and Wine, with every other Neceffiiry of Life, proclaim the Fertility of the Country ; in which a Refidence is rendered ftill more agreeable by the Wholefomenefs of the Laws, which lecures the Pro- perty and Liberty of the Subject. !,,..,, >.-^' tion, as excrcife vers, Dt ploys wi Daffier, excellcn I (ha: blirticd Of win II! ' O F G E N E V A. 0/" G E N E V A. THIS City is j-lebrated 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. It is featcd in one of the moft delightful Countries of Europe, at the Ex- tremity of the Lake bearing its Name ; and which facilitates a Commerce, that the Induftry of its Inhabitants has rendered very extenfive. In Refpeft to whofc interior Part, this City may, with proper Limitations, be regarded as one o'f the Storehoufes of France, a Part of Germaity, Switzerlantt, Piedmont, and Italy, which Countries it I'upplies with all Sorts of Linens, Muflins, Chintz, Drugs, Spice, Eng^ ii/h, French, and Hutch Cloths, Porcelaines, Tea, Hard- Ware from Germany and Forejl, Scythes, Siciiles, Iron and Lattin Wire, Gold and Silver Galloons and Laces, Stockings, Hats, Jewels true and falfe, all Sorts of Clockwork, Vari!*ty of Files, Steel of its own Growth and from Germany, Tin, wrought Copper, and Bocks on all Subjcdls. Independent of which Traffick, the diligent Inhabitants have carried it to the mofl: remote Countries, by interefting themfelves in Vo) ij; js to America, and the Ilks ; but 1 lliall add a fliort Detail of what I have faid above of their Products and Manutadlures, as due to a City numbered among the mofl celebrated ones of Europe. Its Territoncs, tliough tliey are not the mofl fertile, do neverthclefs yield ex- cellent Corn, and Wine both white and red of good Quality j it has alfo Pa- llures llifHcicnt for tlie breeding and Support of its Cattle ; and thtf Rhofne furniflies it with Trout, of which fome of above thirty Pounds Weight are exported, and carried even as far as Paris. Horology is however tlic moft confiderable Manufadure, which alone eafily fubfifls 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 fuch I'erfedion, as to yield, I believe, only to England in it. Gilding is aifb in a flourifhing Condition here, where Silver Wire is drawn Gilt, as alfo witl? the deceitful Appearance of its being fo made only by fmoak- ing; Gold and Silver Galloons, and Laces, are made of all Sorts and Qualities, Embroideries of Silk in Variety of Shades and Colours, all of which arc lent into Germany, Italy, Portugal, Spain, and from thence to the Indies. Another very confiderable Fabrick is that of painted Linens, in Imitation of thole performed by the Englifi and Dutch; which for Beauty of Defign, and Vivacity of Colours, arc only inferior to thofcof the faid two Nations. The Bibliothecal and Printing Bufinef's is alfo very great here, and a material Objed of Trade, as the Liberty of the Prefs extends to all Sorts of Works, pro- vided they contain nothing agaiiifl Religion in general, Princes, and good Morals : lb that no Objection is made againfl Printing the Writings of the Romanijis againft Protcjlantifm, but it is performed with the greatell Exadtnefs and Fidelity 5 and bcfides the Books printed here, the Libraries are alTortcd 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 si Tafte, that Trade, which it attradts, cannot but engage the ingenious Artifl^ to maintain the Reputation he has already acquired. liie Fabrick of Silk Stockings goes on improving, and is got into fome Reputa- tion, as is that of Velvets ; and I fliould do Injuftice to the Arts, and thofe whc cxerrife them, fliould I paf's tiiem over in Silence, as here are Machinifts, Engra- vers, Detigners, and Mathematical Inflrument Makers, who pradife all thefe Em- ploys with Succefs and Credit ; not forgetting thole celebrated Medalifts, Meflrs, Dajjier, who will tranlinit to latcft Pofterity the Delicacy and Grandeur of their excellent ii'w//'//. I fhall finifli this Article with the Defcription of two Manufadtures lately efta- bliflied in the Country of Dardagny, dependent on the Sovereignty of Geneva, Of which the lirft is a Fabrick of Steel in Bars of any Size, that equals in Qua- lity hs A > m %x 8y6 GENERAL COMMERCE OF THE WORLD. lity moft others made elfewherc, and which has for Offspring a Munufadlurc of ImIcs nnd Rafps of all Sorts and Sizes. Tlve other is a Fabrick of Copper, producing all Aflbrtmcnts that can be de- lircd ill this Commodity, fuch as Bands, Cups of all Sizes, Plates, Chaldrons, and ;in Alloy of Metals for all Ilfes, and this on cheaper Terms tiian elfewherc. The Correfpondence between the Merchants of this City and thofc of Mar- frilli-s and Amjierdam, and tlie little Way there is by Land, for the Tranfporta- tion of their Goods to the Rhine and Rbofne, facilitates that of the two Sais, fo that tliere is hardly a Place, howfocver diftant, where the other Nations of ' Europe fend their Ships, tJiat fomc of the Ge/ievans arc not feen as Partners, or Principals in the Voyage. While the Independency of this Republick was maintained, its Trade conti- nued in a dourilhing Condition, but fince its Connexion with tlic Court of Fvr- liiilli's, the lu-ii'.ch, under the Title of Guardians of the Peace of the Rcpublijk, interfere in their Civil CJovernment, and occafion Parties in it, which threaten Diliiihition. In the Moment of writing this Article, conl'.derable Emigrations of their moft (kilful Artifts arc taking Place, aod Ireland is tlie Kingdom likely to be bencdtcd by this Revolution. Jn Accoimt of the Weights, Measures, and Coins, in all Parts of Europe. THE Weights in common Ufe throughout Great-Britain, arc Troy and Avoirdupois; the former confifting of Grains, Pennyweights, Ounces, and Poundn, whereof 24 Grains make a Pennyweight, 20 Pennyweights, an Ounce, and 1 2 Ounces a Pound, by which Bread, in Corporation Towns only, Gold, Silver, and Apothecaries' Medicines are weighed; and to this Weight Corn Mea- fures arc reduceable, as 81b. Troy makes a GaMon, i61b. a Peck, and confe- quently 641b. a Bufhel; Liquid Meafurcs arc alio dependent on it, as their Con- cavities correfpond in their different Sizes thereto, from a Pint confifting of 12 Ounces, or a Pound, up to a Ton, containing 252 CJ.dlons, and weighed 20i61b. or 18901b. Avoirdupois; •? Pints make a Quart, 4 Quarts a Gallon, containing 2'5i Cubical Inches, 63 Gallons .i Hoglhcad, 42 a Tierce, 126 a Pipe, and 252 a Ton of Brandy, Cider, Wine, tirr. Refiners and Jewellers alfo make Ufe of this Weight in Part; the former call- ing their fmalleft Fradions Blanks, ')f which 24 make a Perit, 20 Perits a Uroitc, 20 Droites a Mite, 20 Mites a Grain, and then as above. The Jewellers divide tha Ounce into 152 Parts or Carats, and thele into Grains, whereof four make a Carat. By Avoirdupois Weight, all Grofs Goods and Bafe Metal are weighed, fiicU as Grocery, Refjn, Pitch, Tallow, Soap, Butter, Cheefc, Iron, Lead, Copjier, Al- lum, &c. its component Parts are Drams, Ounces, ^c. of which 16 Drams make an Ounce, 16 Ounces a Pound, 28 Pounds a Quarter of a hundred Weight, or 1 12 Pound, and 20 hundred Weight or 2240 Pound a Ton; but befides this hun- dred Weight there is another called the Stannary Hundred by which Tin, C^c. IS weighed to the King. The Avoirdupois Ounce is lighter than the Troy Ounce, by near a twelfth Part, 51 Ounces Troy being equally to 56 Avoirdupois; but the Avoirdupois Pound is heavier than the Troy, 17 Pounds of this latter being equal to 1 4 Pounds 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 Lalh Lead is bought by the Fodder, which at London, Newcajilc, &c. weighs 19!- Hundrcd Weight of 112 Pounds; but at Hull 19;. Stannary Hundred of 120 Pounds; and at CheJUr, &c. it is ftill different. • 4 In ,: . . O F W E I G H T Si yr. ^ ; , In EJfex, Butter and Cheefe arc weighed by the Clove, or half Stone, being 8 Pounds, of which 32, or 256 Pounds is a Wey; but in Suffolk 42 Cloves or 356 Pounds arc allowed to the Wey. Of Butter a Firkin muft weigh 56 Pounds, and that of Soap 60 Pounds, and 4 Firkins 0/ cither make a Barrel. A Stone of Beef at London is 8 Pounds, but in the Country it is com.Tionly 14 Pounds; Horfe- Racers alfo reckon 14 Pounds to the Stone j ana 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, Cinnambn, Nutmegs, F-ppcr or Allum, is but 13^ Pounds. A Faggot of Steel is 120 Pounds, and _ Burden of Gad Steel 180 Pounds^ A Barrel of Gunpowder is 100 Pounds, and 24 Barrels make a Laft. A Seam of Glafs is 24 Stone, of 5 Pounds each, or 120 Pounds. , A Trufs of Hay 56 Pounds, and a Load or Ton of it 36 Trufles. Raw Silk is fold here by the Pound of 24 Ounces, or more properly one I*ound and a half Avoirdupois; but Organzines, Trames, &c. by the common Pound of 16 Ounces. In France, Holland, and moft other Places in Europe, the Pound is termed Mark Weight, by reafon that 2 Marks of 8 Ounces compofe it, io that in alt Places where this Pound is ufed, it confifts of 16 Ounces, as with us; and as moft Authors who have calculated the Correfpondency df thefe different Weights have taken thofe of Paris for a Standard, I (hall follow their Example, as it is eafy to reduce any not mentioned in the following Table by the Rule of Three, and I fhall only take Notice of fuch as are not inferted therein; Or that make Ufe of more Weights than One. Coningsierg reckon their Weights by Schippondsj co.';iifting of 4oolb. divided into 10 Steens of 401b. each, loolb of Paris makes 1251b. of Coningsierg, and X lb. of Coningsierg makes 8olb of Paris, (o that the French Hundred of Salt yields near i o Lafts, which is little more than 4o,ooolb. at this Place. Dantzick's Schippond confifts of 3201b. containing 20 Liefpond of i61b. each, of which loolb. makes 8S4-lb. at Paris; and on the contrary, loolb. of this lalt City makes 1 1 zlb. at Danlzici. The Hundred of French Salt produces 1 1 {- to 12 Dantzick Lafts, the Laft of that Salt being 18 Ton, tliough the Laft of this Commodity from Lunsnbourg and Haran is only 1 2 Tons. Ulbing's Weights are the fame with thofe of Dantzick. Stitin's Schippond contains 180, and its Pierre 2 lib. the iiolb. making loolb. oi Paris. The Hundred of Salt from France yields here 10 Lafts. Lubeck, the Schippond here is 3001b. divided into 20 Liefponds of 151b. each j and loolb. of this Place makes ^si\h. of Paris, and loolb. of Paris lojlb. of Lubeck. Brejlaw, loolb. of this Place makes oolb. ai Paris, and loolb. Parifian taa!k&s 1 251b here. Bremen's ioolb» is reckoned equal to 971b. of Paris, and loolb. of Paris is efteemal 1031b. of Bremen. Naumbourgh make Ufe of the fame Weights is Leipjick, calculated in the Table. Erfcrt computes loolb. to equal 921b. of Paris, and that loolb^ of Paris makes loSlb. here. Bergne, the loolb. here is computed to make golb of Paris, and the loolb. of Paris to make 1 1 lib. of thefe. Cologne's loolb. makes 961b. at Paris, and xoolb. of Paris is equal to 1041b. here. Ghent, "J "rTy ' ^' \ correfpond exactly in Weights With Antwerp. Bruges, J Lijle, loolb. of this Place makes 88|lb. of Paris, and loolb. of Paris makes 1141b. here, St. Malo is commonly fuppofed to have its Weights equal with ihofe of Paris, though by fome reckoned to be z per Cent, lefs, 10 T Bayonne 697 m\\ 8^" GENERAL COMMERCE OV THE WORLD. Bayonnch^d its heights equal to thofc of Paris', znd it Lyont two Sorts of Weights lire in life; tholc of the City, by which all Species of Grofs Goods are fold, am! whole Pound, conlifl-ing of i6 Ounces, only makes 1 4. Ounces Mark Weight; tlie other tor Silk only, contaihing 15 Ounces the Mark, fo that loolb. of Silk mules loRlb. City Weight. CfiOi. i tl is City has five Sorts of Weights, the firfV called the Great Weight, ufcd in the I. uflcm-houfe ; the fetond Cajh Weights, for Plate and Coinj the third C.i.uifo, 01 ihc common Quintal, by which are weighed Grofs Goods that are fold; the fourth called the Lrcut LoLmce, by which Raw Silks are weighed; and the fifth is called the Small Balance, that ferves for weighing fine Goods. go* RotoH or I'ounds, Great Weight , , ; ioo Rotoli CaJhWeiglt ■ .^(^)/ rr ?U;lt »io ;.*...._: ,•■ 100 Rotoli '- • Common If'eightS make roolb. of P<»-/>. '• '|'^'- • ''^ 1451b. - .';-'• Great Balance \ ;-fi<>'":>: 153 )ly. ^' ■'•' • Small Balamt J '• '>'■'•"■ Rome, loolb of tliis City, makes within a Trifle 7t4rlb. at Paris, and ioolb. of Paris tJKikc 1401b. of Rome. At Leghorn, tlicy make Ufc of t(vo Sorts of Weights, viz. great and fmall. i4olb." S Weight' l"^^''-?^''''''' niakes loolb. of Par,>. ,v ur... ■. \ The Quintal is reckoned varioufly, according to the Species of Goods frld here by it, r/^. the Quintal of Roman Alliiiti, or Poorjack, dried or Pickled Hen jigs, and halted Salmon, is fold here by that of ijolb. The Quintal for Sugar 1511b. and for Wool ;iiid I'llli i6oib. ^ . i'Visrrwrc has the fame Weight as at Z,c^,ft(jr«."'''*^' '■ '" '" "' "''^^l'' Liaca hab llkcsvill- f>vO Sorts of Weights, viz. '"'',' Great Weight, of which 9:^; Rotoli, or Pounds! ^^^^ ^^^^^^ ^^ p^^^^ Small Weight, of which 14 | Rotoli, dr Pounds. Palermo in Hicily two Sorts of Weights, of which, 100 Rotoli, Great Weight"! , ^r. a 1 /- 1 f I4l4lb.l r I oolb. Small Weight ^ j "^^'^^ ^ ^''^''^'^' ^''^" } 65 lb. j ^^ At Feniee the Weights arc likewife different, the Pound of the fmall Weight coniilling only of 12 Ounces, and the Pound of the great Weight 18 M of the fame Ounces; or it is otherwife reckoned that Paris. I oolb. great Weight makes loolb. Imall Weight loolb. great Weight] _ ,^- J 95Tlb.? .r . fniallWci-htJ '"'''""S \ Qo lb. J ot 158 lb. fmall Weight, and,'. 63Vlb. great Weight i " ' lf^:\ oi Paris. \ 104 lb. great Weight, 5 If " ■ I oolb. fniall Weight] And loolb. of P,ris makes . t Fenice ^ ^^^ ^^ j^^„ ^^^^^ Bologne, I oolb. of this Place makes 661b. ^t Paris, and loolb. of P of Paris, and I oolb. great Weight 3 * f 14741b. J , loolb. of Pjjw, makes \ /l' ... . , i of Bergame, • . . I 681b. great Weight J ** r •„ _, The Weights of Naples are the fame with thofe of Bergame. Smyrna ulcs the Canta, 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 Dragmcs , ' The Oque 400 Ditto. ^"'^ \ <' ' '' '^'■\ The Quintal of 100 Routels or 45 Oqa«!s as above, fse^iid to ir4lb. o£ Parisl on which Footing loolb. of Paris makes about 874. Routels of Sf/tyrua, 3 ^«^ .3/ . .3-; I '(y.7 OF weights; £5",:. * 699 It is reckoned that the Oque weighs a Trifle more than 2 lib, of Pirh, but this is according to the Goods weighed by it. Con/iann'nop/e has the heavicft Weights in all the Levant, thoiij^ the/ are dif- tinguifhed as at Smyrna, The Quintal confifts of 45 Oquej, and the Oqu,; of 400 Uragines, corrcfponding to 2^',lb. of Paris. f 1 12 'lb. of_Parist 181 lb. oi Venice, 160 lb. o^Le^bw-rr^ *' Being divided into Rottels, Oques, Batmcns, ice. 2iS jit Smyrna. J^; ^ _, ^ At /lleppo they Inake Ufe of divers Sorts of Weights, viz. ' j; ? The Quintal, or Cantar, of 100 Rjttels, each toniilling of 720 Dragmcsi' " r The Surlo, which is 274^ Rottels. The Rottel with which mod Goods are weighed containing, as above, 720 Dragnies, which make 4rTlb. of Paris. The 'lottcl for weighing the Silks growing in the Neighbourhood, is of 700 Dragines, and weighs 4'rrlb. of Paris. The Rottel for weighing Perjian Silks, Legi de Burma, Ardafle, and Ardaflete, contains 680 Dragmcs, and weighs 4i-*-lb. of Paris. The DamalFin Rottel, with which, Brafs, L.'.ttia Wire, Amber, Camphire» Benzoin, Spikenard^ Balm of Mecca, and AliA.i Wood are weighed, contains 600 Dragmes, and makes 3)4 lb. of Paris. The Ok, or Oque, weighs 400 Dragmes. i The Mctical, with which Pearls and Ambergris arc weighed, is \\ Dragme. lib. of Paris. i lib. fmall Wciglit of Venice > make at AJeppo\ lib. great Weight of D° J [ The Quintal of Tripoli makes i^ Quintal of Aleppo of 720 Dragmes. 12 ht Seyuu, the ancicjit 5/'Jo/7, two Sorts of Weights are in Ufe, viz. The Rottel Damaflln, or Damafquin, by which all Sorts of Silks and CottOfi Thread arc fold J it is reckoned 60.0 Dr.igmes, which make j^iib. o?. Paris. And the Acre by whii.h moft of the Grois Goods ?re fold, equal t0 4^1b. of Paris. Akxamlri ' makes Ufe of a Cantar or Quintal for the weighing of Goods, which varies accordin;^ to the difFcrent Species weighed by it, as for fbrne it con- lifts only uf 100 Rottels, and for other, 105, 110, ii2t, 115, 120, 125, 1 30, and 133. The FoLitl Farfrin is 144 Dragmes, 100 of which Rottels are reckoned equal to 1251b. of Lf^'/'crn. ...,.,.-.. .. ,, , .., Ihe kottcl Gcrouin is 312 Dragmes. "• " The Ukke, or Oque is 400 Dragmes. The Lantul, or Quintal of 100 Rottels, is fuppofed equal to i2olb. of Pam. P.jJ'ett, has ,ts Weights the fame as thofe laft mentioned of Alexandria. Grand Cairo makes Ufe of the Quintal, or Cantir of lOO Rottel^ for the weighing moft of its Goods, reckoned equal to 881b. of P<7W; though a Qunital ot Coffee yields 951b. at Amjhrdam, which is, as has been ob- ferved, the fame with thofe of Paris. Thefe are all, or at leaft the principal Places of Trade, whofe Weights are not mentioned in the fubfequent I'able ; fo that I have nothing more to add on this Subject. '■{ 9^ f iJragmeSi A TABLE • .,<: ■ " f 9«» GENERAL COMMERCE OF THE WORLD. ?l ^ < P M *" n 5 a o K « n '^ 3g-8g 1- **v I K. 09 It 2.2.3.^(3000000000000 qooooo P •5;.* 8 I. «<» Are cqu.il to ■ "O 00 p <» O 0« 0^ O^*^ >4 p ■- ^ M «<0 Q vp •- O O • ^ '■**:*-_ ^« '^ o 00 ot^o so o V* a^\^ ^ i?^ o Og U - ^ M 0»4- -^ I Of £»//««/, iV^.z/wy, anii IntiaMti. &G. M ^ ^ Kl -J <-*» so 00^ «0 00 so ^^ VI V Of jtntverft Of Brabant, Of A»«w«, ihc Vif. county Weight. o 4- o -"^ oe%^ ^ o -^ o cow u< ^ oc^i 9t 9v (M 00 -^ O o^ oc^ O ^1 Of /.j'owi. the City Wright, 800 oeo oo>o VI i^n VI On C^'0 o^ ■-0C00O aocoo^ •f» O ^ C^w« oc^o 00 OQ O^*^ — «>J •« o<^0^^ Nw■ 00 O VM 0 ^^ <**^eo_'» w _•• M 00 -O'-'OM'^ 0000- MWMQ OftOM — •«•• OWi O^ OoOSM^M^f N*«4 0\«" OOOvi^ ^ W^ W4 U* ^ ^ wi v» _ ■■ .^ M oo.ffc vi ^ w • ». A M -ifc 00 _ eft Of /?«.W/r, Of TnUu/r, and Of Mar/e:l.'n, or • -^ ac-» M oe o » ^*.^ M >* .^ ^1 ^» of^ ^. Of Ciitrvi, Of HumbKrih, o 00^1 >o oe^o «^ so >^ ^ ^ VI M ..J OC 00-~-l VI w* _-ftjo_2_ O ^** t^ *■ Of Frankfort, &c. •^ 'O VI NO OP CO VI •» 00 Of Lttpjick, &c. _^» m<^ <0> O 00 N on • -^ U Vt (M ^ •. * 0^■4^ O ^' VI |^V*vi>i,/iVQ Q — *• On* - «*« o^no •^ QuNO o a OS H o r 9« now 4* fj 4fc vi -t ^w» 0> q> Ut ■» _ Qn ■ _?o— J** Of C'^^flff. Of LeglMrm, Of A//7iiir. Qj v> — ,»i J M .00 - W V< Of /V«f/rf. Of Nnphi, O^ 000*00 C\CnO^I**I O b O -00300*0 - VdOCKOMOMU«04t^O — OCWi >0 Vi SO --4 •■ O "O V»* Np ., » N ^** ►J v*» •■ OiSrvU.'e, Cadiz., k< Of Vortug^U OsO 000*00 O^Ot Os"^ *-loO O" OOOOOVO OvO o»o ^j Qvi OwnO »«*>m mh O U--IV* ocvi so OS O so O <-'i Os gi__ 00 4> w Q O On;*> , Q - M ^ > ■** vi oo-i - > vi Of Lflge* WOO-0-^--1'MOOOO—WW<^»OOMOW-M'- vivi o Os'vj o^».«^w«^v*-^vi o CO«)4k4k Osw i^sm m — O ^ -- O - Cs^ On op --I - — «V»nO*0-ON--0 so Qvi M n 00 0*0 0*0 »sc-^ M^to^ •- >« o<^*^ -=iifl=a >wtwHt*H»*' M-H-" 8QO^ O 000 V« VI VI OS QsvO O NO O - J OONO 00 O sO SQ 00 W NO H vi M •kJ oO ao>-^i Osv« O'^O'OtM oc-i> *" N*NtNO •^•r*o*««ii»o»' i'*«^4^r>'M^'*i<*i^«3"«r<"N ?*"«*- W gv'^a^MMwtM »lM Of ^#-. Oflvv/rtT. Of Otnmark, > M o o pi cr rN 5- t>i O a H t/» O & o > r > r> M C/J 3 tJl <^ 1^ O t^ n o n OF WEIGHTS, y<. Mr. "John Piter RicorJ, having furniflicd us in lii Uook entitled f-.e Ni'^^oce if Amjlerdam, and fcvcral other Autliors in their dirtlrent Works., with a Calcida- tion of the Agreement, which the fcvca.! Corn Mcafurcs of Europe hive, with thofe of that City, I herewith dedicate »t to my Readers' Service, in Hopes it may be ufeful to many of them in their feminal Negotiations j but, previous thereto, I fhall give fome Account of the Fractions of the ditferent Mcafurcs mentioned therein, and of thofe that are not there infc.tLJ. The dry Meafurcs at Amfttrdam for Corn arc. The Laft containing 27 Muddcs, or 36 Sacks. The Mudde, containing 4 Schepels. The Sack, containing 3 Schepels ; and Retailers ftill divide The Schcpel into 4. Vierdevat, and The Vierdevat into 8 Kr -., (of Wheat commonly weighs from 4600 to 48001b.'] of Rye ----- 4000 to 42001b. [Mark Weight, of Barley - _ _ - 3200 to 34oolh. J The Laft of Monnikcndam, Edam, and Purnhrent, is equal to that of Am- Jlerdam. 'o{ Haorne •% • ■ • , . • \o( Eniiuji/enl The Lzdiof Muidfn ?isof22Muddes,or44Sacks,andthcSackof2Sch^pe1s. I of Near den \ The Laft of //!aat, Pays de rVtitietit and La BrilU, is of 78I Sacks ; but all thefe aforefaid Meafures are reducible, and near equal to the Laft of Middlebourg, becaufe 2| Achtendeels make the Zetland Sack, or the A//i/r isof 2 Emines, and the Emine of 2 Quarts) the Setier weighs i'rom 90 to 951b. Montpelicr Weight, and 3 Setiers make 1 1 Muddes of Amjlerdam. The Setier of Cajlret in Languedoc confifts of 2 Emines, the Emine of 4 Me- r:res, and the Megere of 4 Boifteaux ;' the Setier weighs near 20olb. of thil lace, which make 1701b. Mark, fothat 100 Setiers make ^Lzd of Am^erdam. 38 BoifTeaux of Bourdeaux make i Laft of Amjlerdam, or 12 Setiers, of Paris: the faid BoifTeaux ought to weigh from 122 to 1241b. Mark, when the Wheat is good. 4t Setiers of Amiens make i| Mudde of Amjlerdam i the Setier is here divided into four Piquets, and ought to weigh 50 or 521b, 6 8 Sctiers 903 ,^ ''I 904 GENERAL COMMERCE OF THE WORLD. S? Seders of Bo/ogne, in Picardy, make 13 M.\x6.6x.ioi Amjlerdam, and ought to weigh 27olb. final' Weight. 1 2 Setiers of Calais, make 1 8i Muddes of Amfterdam : the Setier weighs about 26olb. 1 2 whereof making thirteen at Paris. 1 9 Setiers of 1^/. Valery, make 1 Laft 18 Mines of Dieppe, make 17 Muddes 5J^Boifleaux of Havre de Grace, make i-i- Mudde 14 Boiireaux of ^/«(i5^,, make i^ Mudde J 9 Setiers, of 6'j»/n«r, make i Laft ) <■ o( Amfterdam, 14 BoilFeauxof Tourj, make i \ Mudde 20 Boifi'eaux oi' B/ois, make 14. Mudde {Aubeterre "I Barbefieux >make li Mudde Perigueux J 49 Setiers of Aries, make a Laft of Amfterdam, each Setier weighing 931b. Mark, and ^e Charge is reckoned 3001b. of that Place. 48 Setiers oiBaucaire, make a Laft of Amfterdam, and the Charge here iizpei' Cm', bigger than that oi Aries. The Charge of Marfeilhs, is of 4 Emines, the Emine of 8 Sevadicrs ; and the Charge is aho computed at 3001b. Marftilles Weight, which makes it equal to I ; Mudde oi Amfterdam. Forty-eight Charges oi St. Gilles, make a Laft oi Amfterdam; the Charge here is alio of 30olb. but heavier by 18 to 20 per Cent, than that oi Aries, Fifty-one Chargej of Tarafcon make a Laft of Amfterdam ; the Charge here is likcvvife of 3001b. z per Cent, heavier tlian thatofJ^r/w. Three Emines of 'Toulon, make 2 Muddes of Amfterdam j the Charge is here rcc Loned to ccnfift of three Setiers, and the Setier containing i ^ Emine, 3 of which make 2 Setii". » of Paris. Four Boiffcaux of yrf«rfly, make i^ Mudde-i , y -..;.: ..?' The Ton of y/«*„,/?«.v.« j. f!*^ The Ton of Br^y/ [make 13; Muddes r^'"^''^'''""- The Ton of Morlaix J J 83 r BoilVeaux of the laid Morlaix hzwe yielded at Rotterdam a Laft, and i^ Sacks of 29 to the Laft ; on which Footing the 83 ^ Boifteaux make very near i^ Ainjhrdiim Lafts. r The Ton oillannebon and Port Lcuis makes i7[- Muddes of Amfterdam, The Ton oi ^iinpercoraiitin, makes 13 Madaes oi Amfterdam. The Ton oiNantz, makes 13! Muddes oi Amfterdam; itiscompofed of 16 Setiers, and the Stticr of 16 Boilllaux : The Ton ought to weigh from 2200 to 22501b. heaped Akal'urc, which is 18 or 20 per Cent, more than ftrikcn Mcalure. Tiic Ton oi Rennes^kwA St, Makes makes 14 Muddes oi Amfterdam, and ought to wti^h about 24001b. The Ton of iSV. Brieux makes 15I Muddes oi Amfterdam, and ought to weigh about 26oolb. The Ton of Rocbelle and Marans contains 42 BoiHeaux, which makes 1 3 M uddes of Amfterdam . Corn Meafures of Spain. At Cadix, &c. Corn is fold by Fanegas, orHanegas, of which 5 make an Eng' lip Quarter, or 52 to the Laft of Amfterdam. In tlie Kingdom oi Valencia, the Corn .Meafurc is a Cahiz, confiftiii^' of 12 Burchilias, and three hundred Caliizes make 25 Lafts oi Amfterdam, Corn Meal'urcs of Portugal. 216 Alquicrcs, or 4 Muids oi Lift)on, make a Lii\ oi yimfterdam, the Muid being 54 Alquicrcs ; though the IVluid is divided into 15 F;.in,gos, and the Fanego into 4 Alquiercs. The Aliinicres of Oporto have always been reckoned 20 per Cent, bigger than th*lc of Lijbon, at which Computation 1 80 make ,\\\ Amfterdam Laft ; but I find that an fi«_g////j Quarter commonl) yields there 16 Alquiercs, at which Rate only 164 go to the Laft of AtijUrdam. /.I . O F W E I G H T S, trr. At the Azores Iflands, belonging to the King of Portugal, and In that of St, Michael, 60 Alcjuieres is reckoned to the Muid, and 240 make an Amfterdiim Laft, though Corn tranfported from 5/. Mkhud to the llland of Madeira, yields 4 Al- quiercs Benefit on the 60 ; that is the 60 of Si. Mic/jue/ produce 64 at Madeira ; being 6] per Cent. Italian Corn Meafures. Corn is fold at Genoa by the Mine, witli an Exemption from Duties to the Seller, and 25 Mines are reckoned a Laft of yl/nJimhiM. At Leghorn, 40 Sacks make a Laft (jf Amjierdam, and 2 Sacks of Wheat make the Marfeilles Charge of joolb, lefs i^ per Cent, Wheat is fold at ^''enice by the Staro, or Sctier, 2 Stiro making one Marfeilles Charge, or \\M\i^c of Amjlenlum, . , . This may fuflice to fliow the chief Corn Meafures of the principal Parts in Europe, to which my Reader may have Recourfe, for a more ample Explication of their different Divilions, than could conveniently be inlerted in the following Table ; though this contains a greater Number of Places, and (hews at one Glance, the Agreement between the Meafures of every City, with thufe of Am/lerJam, Paris, and Bourdeaux; the Name of the Place being fought in the firft Column, whole Meafurtf is wanted, they being all ranged for this Purpol'e in an Alpha- betical Order, and all trifling Fradlions left out as their Infertion would have in- terrupted tlif; Regularity of the Table, without adding any Thing to the In- ftrudtion of my Reader. 905 STABLE of the Agreement oj divers Measures loith tbofe of Amsterdam, Paris, rtwJBouROE-'.ux. Names of Places. Different Mrafures •' ^ •/ I- Aviiiiiiirf y I'.iris. dvieajurc uj Bourdeaux. Abbeville 6 Setiers 7 Muddes 5 Setiers 10 Boilleaux. Agen 33t Sacks I Laft 19 38 Aiguillon 41 Sacks 1 Laft 19 33 Alhi 25 Setiers I Laft 19 38 Alicant 1 2 Cahizes I Laft »9 3» Alkmaar 36 Sacks I Laft 19 38 Amhifc 14 Boill'eaux I'rMudde X 2 Amersfurt 16 Muddes I Laft '9 38 ' Amiens 4-J Setiers 1 ; Mudde I 2 Amjterdam I Laft 27 Muddes 19 38 Antwerp 32I Veertels I Laft 19 3? Aries 4:y Setiers 1 Laft 19 .38 Aura) le Due 9; Boilfeaux 1 1 Mudde I 2 Arnhem 22 Mouvvcrs 1 Laft 19 38 Ajperen 25 J- Sacks I Laft 19 38 Aubeterrt 5 BoilTeaux I'. Mudde I 2 Audiene 1 Tun 1 3 1" Muddes 9t »9 Auray 1 00 Boiireaux 35 Muddes 25 50 Auxone , I Emine 4 Muddes 2t 1* Avignon 5 Boilleaux 4t Muddes 3 Barhe/ieux 5 Boilleaux it Mudde I • Baugenci 3t Mines 1 1 Mudde I t Bayonne 36 Sacks I Laft 19 38 Beaucaire 48 Setiers I Laft 19 38 Beaumont 38 Sacks I Laft »9 38 Beauvais I Tun 18 Muddes 12| iS": ^ Belleganle I Bitchet 2 Muddes i; 2f Bergerac I Pipe 63 Sillers 5 Muddes 3i 7 .V Bergen-op-zoom I Laft >9 38 Bergen-Ht.'ff'iniK BImt 1 3 Razicrs 17 Muddes 12 24 : 20 Boilleaux it Mudde I % 10 X m 96^ GENERAL COMMERCE OF THE WORLD. Mames of Pluccj. D#™,«»>„.^'t;^A"' - Meafure of Meafure of Paris. Bourdeaux. Bois-k-Duc 20.'- Moiiwers I Laft 19 Setiers 38 Boifleaux Bohgne in Pkardiiy 8 Sctiers 1 3 Muddes 9t 18; Uommel 1 8 Mtiddcs I Laft »9 38 Bourbon Lancy 1 vt BoifTeaux ilMuddc I 2 Bounii-aux 38 Boiireaux I Laft »9 38 Bourrct 100 Sacks 3t Lafts 66* »33 Breau 1 00 Carticres 3t Lafts 664. 133 Breda 1 3t Vcertecls I Laft 19 3« Bremen 24 Lads 23 Lafts 437 847 Brrfe 1 Quartal i|Mudde H 2I Brejl Briare 1 Tun 1 3t Muddes 9x 19 1 1 Cards i|Mudde I 2 Bruges ijlHoedts I Laft »9 38 Briiffels 25 Sacks I Laft if 38 • • Bueren 21 Miiddes I Laft 38 ■••^ Cadillac 33 1- Sacks I Laft 'i% ' 38 Cadiz 52 Hanegas 1 Laft 19 38 Cahors 1 00 Cartes I Laft '9 38 Calais 1 2 Setiers rSt Muddes '3 36 Campen 24; Muddcs I Laft J9 38 Candie I Charge 1 ;- Mudde I 2 Canville 1 00 Sacks 3 Lafts 57 14 CarcaJ/onc 35 Setiers I Laft 10 38 ■Cajfle Jalotix 100 Sacks 2 Lafts2 3Mud. 54 108 Ca/ile Mauron 1 Pipe 5 Muddes It 7 Cajtlenaude Mcdor I CO Qiiartieres 3 Lafts 10 Mud.64. 128 CajHenaudari 4 1 ' Setiers I Laft 19 38 Ca/lle-Saras.in 1 00 Sacks 3 ^ Lafts 66- 133 Cajires in Languedoc i oo Sctiers 4 Lafts 76 152 Caude Ccjh' 100 Sacks 3 Lafts S7 J 14 Chaliiis 5 Hoiireaux 1 \ Mudde I 2 Chalons fur Saone 5 Bichcts 8 :- Muddes 6 12 Charite 8 Boiireaux I ; Mudde I X Charlieufur Loire 7 Boiflcaux 1 1 Mudde I 2 Chanlles 6^ BoiHcaux 1 1 Mudde I 2 Chateau neuj'fur Loire 7 Boiflcaux It Mudde I 2 Clairac 34:- Sacks I Laft t 38 Cli\)es 16; Mouwcrs I Laft 38 Concarneau I Tun 1 3 Muddes 9i iK Cond(.m 41 Sacks I Laft «9 38 C'jniit^jherg I Laft -' ' I Laft il 38 Copenhagen 42 Tuns I Laft 19 38 Corbie 3I Setiers I i Mudde z 2 CoJ'ne 9t Boiflcaux J : Mudde I 2 Crcon 100 Sacks 3-J: Lafts 61- ■r ' Cuylenburg 21 Muddes I Laft 19 Dantzick I Laft 1 Laft 19 38 Delft 29 Sacks 1 Laft 19 38 Derventer 36 Muddes I Laft »9 38 Dieppe 1 8 Mines 1 7 Muddes 12 24 Dixmude 30 1 Razieres I Laft »9 38 Doe/bourg 22 Mouwcrs I Laft »9 38 Dort, or Dcrdretcb 24 Sacks I Laft 19 38 Dunkirk 1 8 Razieres 1 Laft »9 38 Dunes 100 Sacks 3 Lafts S7 114 Edam 27 Muddet I Laft 19 38 Elbing '■ 1 Laft 1 Laft »9 38 Embden 1 ijtTon I Uft 19 38 .. Namei OF W E I G H T S, £!?f. Karnes of Places. Different Meafures. Encbuyfen 'England Erfiljieyn EJpcrJac Etaffort Flc/Jmgue Frankfort Fronfac Fronton Gaillac Ghent Genoa Grinfac Gergeau i Cien Gimond Goes, or Tegoes Gorcom Gouda, or Tergow Graveline Grenade Grifoks Grocningucn Haarlem Hambourg Harderivyck Harlingen Havre dc Grace Hennebone Heujden Hoorit, or Horn' HujUm Ireland La Brillc La Gruere La Magijlerc Lanion La Reole La Loche de R. La Rocbelle Lavaur Layrac Le Mas d' yfgenois Le Mas de I'erdun Les Adriens Lejpare Leuivaerden Leyden Leytourc Libourne Liege ' Lijle in Flanders Limuel Lyons Lijbon LiJle in Albigeois Ltjle-Dieu 44 Sacks 10'; Quarters 2 1 Muddes I CO Sacks I CO BoIiTeaux 40 Sacks 27 Malders 28 ^ Sacks 100 Sacks 2 1 Sellers 56 Halflers 25 Mines 100 Sacks 3 Mines 9-1- Carfes 20 Sacks 40 Sacks 1 7 J- Muddes 28 Sacks 22 Razieres 30 Sacks ] 00 Sacks 33 Muddes 38 Sacks 1 2 Larts 1 1 Muddes 33 Muddes 5i Boillfiuux I Ton ijj; Muddes 44 Sacks 20 Tons j_ Quarters, or '°* 38 Bulhels 40 Sacks 1 00 Sacks 100 Sacks I Ton 30 Sacks I Ton I Ton 2 1 Sctiers 1 00 Sacks 1 00 Sacks 1 00 Sacks I Ton 100 Sacks 33 Muddes 44 Sacks 100 Sacks 35 Sacks 96 Sctiers 38 Razieres I Pipe 4 Afnees 2l6 Alquicrcs 100 Metiers I Ton Mea/ure of Am- Meafurtof fterdam. Paris. I Laft 19 Setiers I Lad 19 1 Lad 19 2 Laftsi7Mud.5o 2 La(ls24Mud.55 I Lad 1 9 I Lad 1,9 I Lad r^ 3 Lads 1 4 Mud. 67 1 Lad 19 I Lad 1.9 1 Lad 19 2 Ladsi4Mud.48 1 1 Mudde I ^b'; I I 19 *9 19 »9 >9 I i^aii 19 3 LadsioMud.64 I Lad 10 li Mudde I Lad I Lad I Lad I Lad I Lad 1 Lad I Lad ^ 1 3 Lads I o Muddes I Lad if Mudde 171- Muddes I Lad e. I Lad > I Lad t ;i i9 19 247 7 >9 1 12: »9 .«9 »9 I 2 Lad Lad 19 2 Lads23Mud.54 2 Lads24Mud.55 1 5 Muddes i o I Lad 19 1 3 Muddes 9^ 1 3 Muddes 9 V 1 Lad 19 3 L'ail,4Mud. 59I 2 Lads 20 Mud. 52 3 Ladsi4Mud.57 1 3 Muddes 9 J 3 Lads 1 4 Mud. 67 I Lad IQ 1 Lad 3 Lad i Lad I Lad \ Lad 4 Muddes 7 Muddes I Lad 19 19 57 »9 19 •9 3^ 5 >9 Meafure of Bourdeanx. 78 Boifleaux A 38 I Liaii 19 7 Lads 5 Mud. 130 1 4I, Muddes 10 100 no 3* 38 35 96 2 2 38 3? 3? 38 128 38 38 494 14 38 2 24i 38 38 38 38 38 108 no 20 '8r i8t 38 119^ 104^ J 34 18; '34 3« 38 114 35 38 7 10 38 260 ao M *M Names r4ii GENERAL COMMERCE OF THE WORLD. tH.9 Karnes of Places. Different Mcafur Leghorn Louvoin Luhcck Ma^on 40 27 95 3 Sacks Muddcs Schepcls Afnws Malines ^ , 30A- Veertcls Martins 1 Ton Marfeilles I Charge Mils J'j4genois 100 Sacks Alas dc FcrJun 100 Sacks Middlel'ourg 4;t Sacks Miramheau 100 Boifleaux Mirandous 100 IluilVcaux MoiD'ac 30 Sacks Moncajjin 100 backs 1 Mentauban 1 00 Sacks ■ 100 Seticrs Mo'itandre 1 00 BoiiTeaux Monif'jrt 21 Muddes Mompellier 3 Sellers Montr-uil 18 BoiiTeaux Morla'x I Ton Munikendam 27 Muddcs Mnyden 44 Sacks K'lcrden 44 : 'cs Nantes I Ton Naples la PouHh and la Calabrii ,■ 1 Tomolos Narhon 32'r Seticrs Narnnutier I lie 1 Ton Negrepcliffe 100 100 Se tiers Sacks Nerac 33t Sacks bi evert Boiffeaux Nimeguen 2I| Mouwers Nieuport 17I Razicrs Orleans I Muid Oudeuater 21 Muddcs Pain d' Avoiiie 1 Ton Paris i ' Muid 12 BoiiTeaux Periguex 5 Boifleaux Pont i'Abhe 1 Ton Pert Louis I Ton Porto Part j8o Alquicrcs Ptirmeniit 27 Muddci Puymei 7I ICO Sacks ^iberon- I 'Ion ^imperccratin 1 Ton ^imptrlay I Ton Raluijiens 17 Seticrs Kealmout 100 Seticrs Reax'ille J 25 Sacks 1 100 Sctircs Redon I Ton Reniies 1 l\)n Rhetten 20 Mudiics Ribeyntc 5 BoiiTeaux Riga 46 Loo pen Meafure of Am- Itcrdani. Laft Laft Laft Muddcs Laft Muddes Muddc Lafts, 20 Mud. I I I 7 1 Meafure oj Paris. Seticrs »3 i: 2 3 I 3 3 I 2 3 7 3 I 19 «9 S 19 9; I 52v Meafure of Bourdeaux. 38 BoiiTeaux, Lafts, J 4 Mud. 67 Laft Lafts Lafts Laft Lafts, 2 ^ Mud Lafts, 1 8;. Mud. 70 Lafts 10 Mud. 140 Lafts, 5 Mud. 60v Laft »9 SI 57 19 54 I I ; I3r. Mudde Muddc Muddcs I Laft I Laft I Laft 13I Muddes !/ '9 I I 9^ »9 n 19 9l I Muddc I '3-- Laft Muddes 8; Lafts 4" Lafts I Laft I \ Mudde 1 Laft - 1 Laft -5 \ Muddcs "i Laft '3 1 7 Muddcs I i Mi..'.de 1^ Mudde 1 3i Muddes 1 7i Muddes I Laft I Laft 3 Lafts i-?; Muddes 13-! Muddes 17-; Muddes I Laft 19 9^ ic8| ' .,1. »Sl »9 21 *9 -^ 9; 12 1 I 12; »t fr 9t 9^ >9 4 Lafts, 10 Mud. 86 i^Laft 8 Lafts 10 Mud. 1 4t Muddes 14 Muddcs 1 Ivaft if Mudde 1 Laft 19 162 lo;. «9 I 3« 3S 10 38 18J 2 104^ 134 3» 114 114 33 108 140 289 121 38 2 2 >9 35 3? 38 i8| 38 '9 361; i6ii: 38 2 38 33 S 38 18; 24 a «' >9 24:- 38 38 114 '9 19 24J. 38 172 38 ,324, 20*. 19.^ 38- 2 38 Names. i:.h.- OF WEIGHTS, (^c. 909 Names of Places. Roane ' Rotterdam Row en 1 100 22 >9 19 29 21 I. 35 23 Royan Rurcmonde St. lirieu St. Cadou St. Gillis St. John de Laune St. Miilo St. Mat bur in di I' ytrchaut St. Lkuradc St'. Omcr St. yal,ry Sardaigm: Ifle Saumur Schiedam Schionhoven Sicily lllc Steenbergett Stockholm Sully Tallemont Tanifcon Teriollcn Tervccr Thiel TouhuJ'i Toniens Tongres Toningcn Tornus Toulon Tourmu tours Tunis in Barbary f'alencc in ylgen. Fannes in Bri. Venice VenloO Verdun Vianen Villemeur Villeneuvcd' Agenois t 00 Different j. 8 Boi/TcauA Sacks Sellers Muid Quarters Scliepcls Ton Ton Charges Emine Ton ^ Mcajure of hm- ftcrdam. 29 26 68 I I 40 I 9 ; Boiffeaux Sacks Razicres Sctiers Kftereaux Sellers Sacks MudJes Salni2 Vcertels Tons 91 Carfes 5 Sacks 5 1 Charges 374. Sacks 39 Sacks Mu.iJcs Sctiers Sacks Muddcs Tons fiitchct Emlnes Sacks BolHcau^ Caflis Sacks Ton Staros 21 26 100 15 24 I 3 25 >4 I 100 I 20 25 Ulijingue Utrecht Weefop Worcum Wykte Deurji. Yjcljtcin Zirick Zee Zwol To the 2 1 J. Mouwcrs Bitchct Miiddcs Sacks Boiifeaux Sacks Muddes Sacks oacks 40 25 44 23v 20 20 Muddcs Muddcs 40 Sacks 26 Sacks Tabic, I Mudde Laft " ^uddcs Meafure of Mtafure of Paris. Bourdeaux. I Setters 2 Boiflcaux 3 I 1 H j^aft Laft Muddes I 3t Muddes I Laft 2t Muddes 14 Muddes If Mudde >9 7 S7 19 19 9l 9i 19 It 9\ Laftsi8Mud.5o'r Laft Laft Miiddc Laft Laft Mudde Laft Laft I "ft Mudde 4t Mudde I I I I I 2 I I 7.\ Laft Laft Laft Laft Laft ^9 J9 I 19 19 i9 I »9 19 I 3 »9 »9 »9 19 19 Laftsi6Mud.49j. Laft Laft 3 18 Muddes Muddcs I ; Mudde 3I Muddes 3t Lafts 14 Muddes I ; Mudde I »i I 24 2 I I I I I I I I Laft Mudde Laft Muddcs 19 »9 It St I 2; 6i|. 91 I *9 •:: '9 '7 Laft Laft Laft Laft Laft Laft Laft Laft fliall here add Germany Mcal'urcs, in hopes it may be accompmy it witli this Remark, that the 10 Y Lafts2iMud.52j- '9 »9 19 19 »9 19 >9 >9 the Weights ot 38 H «'4 38 19; 19 38 34- 19I loi-r 58 38 2 38 t;. : 2 38 , 38 2 6 38 • 38 38 38 38 98t 38 38 3r 4 25t 2 4^ : • 123* i9t ' 2 38 . .. • 2:- 38 34 lojt . 38 38 •. . ' 38 38 38 38 38 blunders and uieful to my Readers ; though I muft Pondcrolity of the feveral Sorts of Graiuj Li \i \^■■ .;,\^> $10 GENERAL COMMERCE OFTHP. WORLP. Grain* therein mentioned are rendered fo uiucrf.iirj ly the Change of Weather, aud other Aicidci)t8 of Humidity or Oryncfs, that no Kxadtncfs is to be depended on jVom Aich a Computation j however, it may uccaliunally prove oi fomc Service, at lead tu thofi; inKrcfltd in tiic Lwu I'radi;, uiiU lUvrwiijrc 1 givo it a Place, i.v , An AhJlraB of the Corrffpondent IVrirJils and h'lcafares of the dlf- Jtrtni SjiecUs of Corn in F l a n n !•: k s and G !■ r M a n ^• . P1«ce«. N»m« of Meafurei. ^ Colli' Wright of H ur luiit ol Uiu. Dunkirk Uazii-re 2501b. 247ll<. 2.;clb. Bcrguci Ra/iiic zio S04 2.1 J rprcs Raziiro 179 '73 10 :( V' yiyi-i' Kazicre lOo IjO J^J ■ St. Omer Ka/itTc iy6 193 1 >» Calais <^«ai tier Stticr or Scptiff 60 26.}. 240 5^ . 2J^ "" > ! # I Sept. of 4 Qiiai t. ami . n„„/.. 3 "'*^^ ' ^'•"^'- "^ + "°''^- ' 20c;. 201 201 17-5 :ib. DoulensA ^ jcrcoJ I ft makes thcf 212 203 I be ptitr of Dtiukm. J Jlmlens Seticr 49 47 48 48 PiTvine ticticr n 86 84 5f Jl-{ll'\ Razicrc 1 10 106 104 Miiiin Razicrc iZ<) 126 I2j ^Touniity Kazicre i8o 168 J 70 C',niic Kazicre 178 J72 iH 120 ydlenciennti Kazicre |5 74 74 C^mkray Mcncault ti 83 The 84 75 i"tt» R.iiicr« milc< jiMciuauIn Douity .] Razicrc ^2l) >25 '=5 » . In-iis Kai!. wt.of5;.r/^i28 «23 124 A* Mjhs H^zicrc 7K 7Si 73: 43 Mi:id'cuge Razierc io6 94 H« 5'^ Ac en a Kazierc lOS y8 U 7^ Landreci \lcncault »! .Jo 94 90 7* Lc ^'jir-y. Mcncault 70 79 7' Lc Cii/ieau Mcncault »S8 80 72 60 S'ijh! ,. Seticr IC6 148 124 h'oyon Seticr 86 02 84 Lii b\re V,^ iluijl' Seticr Jaloi:. ^1 Mi 6<; 76 76 50 50 ii/.' aijiintia Seticr S«7 <^4 62;. 44 Namur ^ . Sclicr , ' 4+^ 42 4': 2/ « Dimiut ' : Seticr .r . , ^ 44r 43 4-'r C2 VbilippcvUk Rctz <5I 5t 5-Sr jU Ciivit ,_ ^ Kctz 47 46 45 Chchns ,■ " Seticr 2i)0 >95 ll)0 :'■■ 'I Kbcinn C^ Sctjcr J 30 124 iiS t Rhi'td ; . Seticr |ia lOti 10+ Rjcrj ^r Cartel >ll 34 33 M.i.tertt .'tr v.'artcl ;3« 2S 26 Verdii r Francarte .;, : rSt 3+ 32 '5 ,i" ■/■//» Cart.'l 9,ji „ V n iS*' l^ 37 35 . M^'ttmitty Cart I 4^1 47 5^ D,l HI a 1 )i Cbaljttt Lm 1 1 !<{ 4i 43 4' 27 Auxtnne Liiii d * of? 26 35 20 UiZilHij^jtt Mdu;« 3^ 35 34 32 Poit fur S,i I'MXiuil St. L'Jitfi [uivfrniiy pon/arliir Sniins rillcrjlisd Montjuiin Mmtbcliiiii. Hiricourt lUamont y^iinvilhs I 'coul Ptfiirt Lunfcron t'ribowg hrlj'itc Cohiitr ajjlffiat St. Mary Stritjbouig Port Luui Liimiau j\'ciljl'rt II 'iljt-mh'jut P'hilipjl 'III P/jJji>^'Ur. Ligtemkr^ Stiitr I.ciii llamhourg lii/che Saarhotirv luy/irlotil Mont Rjy Htuirl/ru./: M.tz 'loul l^iimy Longvy riiionvill 'rnvfs l.uxenib'^ Poilttl'HUi Langrrs Vcid Chaunn) Siivi^rne Uoiirbon R'jticn iiray OF WEIGHTS, iit. Pbcrit Namrl c^ MriCure. Mcfiirc Qiiartc ! iM.li inc I'jiiinc •.mjiic Qii.iitc I <|iiiirtc Hoi (lean Rczal Ueral Gray P'irt fur Siiuiie I'MXinil iSV, Loup luiveruiiy Dole PoHlariur Stilins I'Mr/uxrl Montjutin Mi'itbiliurJ lloicouit Ulumont J 'I'ZOul Bcfurt Lunfcron h'rit/ourg r.rijuc i'llmir HJjIfJiat Ht. Mitry (Vix Mi'in Kczal Utr.ijliouig Uti^ucruiu Port Louis LaiiJau j\eujh't II 'illrm/iourg Philipjl Mnr Pfjaijhour:^ .mil Suitr Louis llamhourg and Bitche Saurhourg Ucyjirloutci n Mont Royal ^lUiriifU^k M.iz 'hrtd A amy Longvy ['hion'iiHi- "frtves l.uxtmbnurg Pontatnoujj'm Milk Wciiht of Whrii 4olb. 60 7« ,.V ik Kcz.il Re/.,il /^/w Thi; SackorFcrtelc 1 6 1 Malilrc Maldrc Kizal MaUIro (^laric MaKlrc Langn I'ciJ Chasimmt S^vernr, ; Uourbonnt Ruen Htclict Maldrc Maldrc (^aitc Quarte Bichct Rfgal 5 Rezal of Niincy ( Bit lift of Longvy MaKlrc Maldrc Malter (^irte iIli«r.iiiim-Cha|>- I „ f conlitint 81 'rr Mr.ifijrr lull- (.2 j Hi( lii-ts. .mil I Inn. ' inori* lli^iri \^\ lli'' Hi. liiti, f th.11 uf l.Wi^rci. J / tttuQu.illCi. J 397 Bichct ,6jr Bichct —~f%. Rczal j 170^ [ ¥cm\ 72 I IJichct of Choifcul 82 Mine 135 Mark Weight of Mefling or nixc Corn. 39lb. 59 68 Mirk Weight Mirk Wright of Rye of Oim. 368 S8 3S« 3olb. ♦8 u 59 58 #1 44 43 > 39 38 H 62 59 61 58 47 m^ ■■ 4« W ?^ 25 164 162 158 i6u 156 '54 168 166 .64 ' 178 '75 176 160 160 160 104 165 160 '55 112 161 156 150 110 '74 175 176 186 184 170 16+ 162 '59 104 168 161 »54 108 184 183 182 104 no 109 108 96 300 198 280 2J 22 21 i6t 160 158 146 336 324 312 128 126 ii6 108 93; 95^ 99t 8r >.H 129 119 8<: >74 '73 17a '44 176 '79 «74 27 26 26 302 297 295 2+8 3o«T 300 268 285 295 292 *75 230 1 20 116 112 296 66 65 1^ 74 4» 165 160 70 68 58 80 78 65 '33 IjO 9ti W I J 9I& GENERAL COMMERCE OF THE WORLD. Pbceit Nimet of MetAirei. Mark Weight of When. Le Haure M±Ioitf M-jc Weight Mark Weigbc Corn. of Rye. ofOan. Boifleaux Hall Mcafure 55 Quai Meafurc, contain- } ing 3 Boiflcaux J '^ Ton Hamburgh Mcafure 2950 Port Louisl Ton C^iimpcr Mcafure 2280 tTon Vannes Mcafure Ton Bilk TJle Baycime D39 2750 2100 2200 2280 33 80 •59 58 Next to tlie Dr}-, I proceed to the Long or Applicative Mcafures, of which our's in Grciit-Britttin, are the Yard and Ell, the iormcr for nicafuriii.' all Siliis, Woollens, ''^c. the la :er u'ed only for Linens. The Yard conlills ot tlirce I'eet, and the Fi f f Inchcsj the Ell being a Yard and a Quarter. I may alfo ictrical Pace is reckoned five Feet; a Fadom, or Fathom, fix ; fixtcen and a half; and of thcfc forty make a Furlong, S-g/i//j Mile, which by a Statute of Hf^iryV III. ought to here add, t' . ' a Rod, Pok, /.r and eight Fui be 1760 Yards, or 5280 " *, that is, 280 Feet more than the Italian Mile. The Mcafures in other t a 's of Europe arc very different both in Name and Extent, tho' mod of them founded on the Geometrical P'oot, which, varying in Length, has occafioned the fixt Mcafures of Places to vary alfo from one another; and before I fay any Tiling of this Difference, I fhall in Part flievv it to n.:y Reader by a Print of fome Fractions of Aunes, Gff. of feveral of the chief Trading Cities, which will confirm the Calculations I fliall afterwards give in a general Table. 1 lie Length of a Quarter of the Brnbant, or Anfivcrp Aun or Ell, having 6 I'rencb Inches and 4^ Lines. 1- It The Length of a Quarter of the Amjicrdain or Dutch Ell, containing 6 Frciwb Inches and 3 i- Lines - 1"\ 'I The Length of a Quarter of a Braffe at Fmcc, for meafuring Woollens, (^v. I 2 l3 U I 5 The Geometrical half Vrencb Foot of 1 2 Vrencb Inches. I .V The Length of ; and V^ of the ParU Ell or Aun, containing 5 Inches 5^ Lines, or 65! Lines. I ' l3 |4 l5 The Length of the halt Foot ol Amjlerdum, the whole being 1 1 French Inches. ,..:,u-.t An •rt, .kJvw 'I O i M: E A 9) V ^'.^. »» . ^^'- : An Aun of Denmark or Copen^age n is reckoned otiCf thjrd| ^efs U)fiQ.the EngHfii The Aun of Me.'nJfti contains, i<^ Praui lt\p\v.'s, and tvy^l^incj; (p that 100 Aiinc!! of Amfterdam mnke a TrUlc Ids t|)ai> i-p^ AWB^^^ Meindtft^ f^nd 200 Auiifs of J^finth-n make 6o Aunes of AmJicrJa^^ / t t i At G(W<;, four Sorts of long Meafurcs vtt ufed^ wz, _ _ ,y-j • i, , , . ♦ ''''"' '" The Caiic of u Paitncs for Woollens, ■), ,in,^ * «f,^» The Cane or lo ralmcs for Linens, • The i^flc of iicar ^\ Palmes, The Palme for Silks an4 Velvets. •,.. ^\-j The PahiK is a conui >rt Span, making 8 Inches, and it a Meafure uJled in'mbft Parts of Itidy. The modern Palme of Cenoa is 9 Inches a Lines, of which 4 Palmes Is a TriHe lefs than the Lyons lill. Eight Genoa Canes make 15 Auncs of Lyons, and 3 1 Palmes of 9 to the Cane, ipake an Englijb Yard. 100 AumM of^//r//(r<]'<>/»makcafmall Matter more than 3oCan8s at Naples ,^n^ 1 00 Canes of Napits make a Trifle more tlian 333 ,'■ Aunes of Amjieraam. 17 Canes of Nap/ei are counted equal to 3a Aunes o( Lyons. The C ine of Hici/y makes 8 ^ Palmes, MarfeilL's Meafure, on which Footing any larger Q lantity may be regulated. The Neapolitan Palme is 8 Inches and 7 Lines, joo C anes of Bff;vi7o;/d make 239^ Awncs oi Amjlerdam, witha Trifle overj and 100 lUncs of Amjlerdam make 41 J. Canes of Barcelona, 108 Varas of Cadiz arc equal to lou Engtijb Yards. At Peterjburgii 8 Vcrfchocks, are i Arfchin, or 28 Englijh Inches, id i Saf- chine makes 7I,- Englilh Feet, fo that 100 Safchiues make 241 1 Engliji. j.t^' and 100 Englijb Yards inai. - 41 J- Safchines, a Trifle lefs. 1 00 Aunes of Riga make very near 1 30 Aunes of Ainjlerdami v . .... 1 00 Auney of Amjlerdam make 77 Auncs of Riga. 100 kancmi Revel imk& \ 2% J.,, kwncsoi AmjUrdam I and .-a .he contrary, 100 Aunes of y^mjierdam mik.c 78 Auncs of Revel. The Aune of Coningjberg is near ^ Part ihorter than that of ^mjleraam, fo that 100 Aunes of this lalt, make about 120 oi Coningjberg; : ;c^ .. Aunes of Coningjberg, about 80 of Amjlerdam. Elhng has the fame Meafure with Dantzick, which may be feen in the Table, The Foot of Stetin is equal to that of Amjlerdam. 100 Aunes of Luheck nuke 83I Aunes oi Amjlerdam, and 100 Aunes of Amjlerdam make 120 Aunes of Lubeck. 100 Aunes of Zir^;«f« are reckoned equal to 83! Aunes of Amjlerdam and 100 Aunes of Amjlerdam to make 120 Auncs of Bremen. 100 Aunes oi ErJ'ort make 61 of Amjlerdam, and 100 oi Amjlerdam ; make 1 64 of Erf'ort. 6 Aunes oi Langenfaltz make 5 oi Amjlerdam, fo that 100 Auncs of Langen^ faltz make 8 3 \ of Amjlerdam j and 1 00 of Amjlerdam m.ikc 1 20 of Langenjaltz, 100 Aunes of Leige wvc reckoned 80 of Amjlenlam; and 100 Aunes of Amjlerdam make 125 Auncs of Leige. The Aunes of Malines, Ghent, and Bruges, are equal to thofe of Ant-wcrp. 100 Auncs of IJJle make 103^^ Aunes of Amjlerdam; and 100 Aunes of Amjlerdam wxikm 96 ^ Auncs of Lijle. 100 Aunes of Dieppe mzka 171 oi Amjlerdam; and loo Aunes oi Amjlerdam make 58-5: Aunes of Dieppe. 33 Cnnes for Linens "j ^^^-^Palmcs' ^^'^"'"' I of Rome, mab 100 Aunes of Amjlerdam. 107 Brafles of 3 1- Palmes J At Florence and Leghorn, the following Meafures are ufcd for Silks and Wool- lens, viz. (Palmes of which 349 J. T Brallcs of 2 Palmes, whereof 1 16| J-make 100 Aanesoi Avjlerdaw. Canes of 8 Palmes, whereof 29^ J 10 Z For ^n I • 4 \\\ 914 GENERAL CJMMEACE OF tHE WORLD. lich ii9t> cof 29;; J nuke 100 Aunes ofAmJteriamx ' ■ f Palmes, of which 438^ For SilksJ Braffcs, of 2 Palmes, of wh I Canes, of 8 Palmes, whereof At Lucca, two Sorts of Brafles arc Jn Vit, Of which { [ J ^T f°[ S"*"' J "^* ' °° ^""" °^ ylmJlerJam. 800 Palmes, or 100 Canes of Naples, make a Trirte lefs than 310 Auncs of Amjierdam. 100 Auncs of Amjltrdiim make 258I Palmes, or 30^ Canes of8 Palmes, wMch Palme exadtly agrees with ' of an Aune, and 4 Lines of a French Foot at Amjler- dam I and the Cane yields there 3!^ Aunes lefs 6 Lines of the faid Foot. At PaUrms, 100 Canes of Palmes make a Tritlc more than 28-''. Aunes of Amjlerdtint', and 100 Aunes of AmJltrJam make ■;3.'' Canes of Palermo. " ' '*'' \ • At Vvnice, two Sorts of Br.illl's arc ulcd, the one to mcafure Woollens, and the other for Linens, and Gold or Silver Stuffs; and that for the Woollens confills of 2 Feet 8 Lines, or 296 Lines of tiie French Feet, and is longer hy 6^- per Cent, than the Brailc for tlie Gold and Silver Stuffs; fo that 100 Brallls for Woollens make 106^^ for Gold and Silver Stuffs, (^c. and 100 Braffes for Gold and Silver Stuffi, make 94.', Hraffos for Woollens. 100 BniUl's for Woollens f of /''(7;/tY,?98 S .* ,_ „ r * j 7 -^ . 1, ,r .• /" 1 1 J CI c. fl- 1 I \ *\ Auncs ol yjm/ler Jam. 100 Brallcs tor Gold and Silver Stuns (_ make iqz/yl A c jt II J 5 '02 Hndlls for Woollens I „(.• 7^...;^. 100 Aunes ot y^/w/cm/;» < 01 u ,v c /-• 1 1 r^ c. .a- i o' Itfiice. ■' tios;- Brulits for Gold, KSc. btufts' loo Pics of Smyrna and Seyde, arc computed lo be 97 Aunes of Amjierdam^ loo Auncs of Amjierdam, make 103 I'ics of Smyrna, is^c. 100 Vks o( Con/iantirtiple, imkc gj*^ Auncs of Amjierdam. ' '<'». ^ ,-: 100 Aunes of /-/wj/Ziri/jOT, make 102 r Pies of Coff//j/«//)7«/>/r. •' ' 100 Tics of ^.'yi/fs, are reckoned to make 98 Aunes of y//^/Wtfw, '' 100 Auncs of Amjierdam, make 102 Vies of Aleppo. ' ''-^ loo Pics of Alexandria and Rofette, make 97 Aunes of Amjierdam. ■ 100 Auncs of Amjlrrdiim, make 103 Pics of Alexandria, &c. and the Corrc- fpondency of all the other Meafures in Europe are to be found in the following Table. ,.1 '1'. rj ^.**i» •.. :, /... ;,v '..I J M ■» V" (I A T,\BLE C^ K" ►> "f M 5 ^. S-to 3 ^ _ 3 n n 3i o t" w _ ^ 3 « o " •% p. o -^ ^ 5 fcf 2- ^^ CO -1 g. ^3 §•> 6 F MEASURES, (j?r. 8 3 S ii 8 8 8 8 8 8 8 8 a. a. 8, «, 1^^3,8, 8, a, 2, a, -• « W EL 3- o O " "^ O & i § § ti: OB. o .1 „ ,_ a- 3 .*^ QC-I •" 0^*^ -J M QO«(M W 90000 -^l O &00<-*« M OVM 0^1 O ^^^ 9i^O^^ -" O O •V P* ^ ^ M ■* *4 0^ 4^ ^4 * rt I4*«^ Mffv^^^Ma^^M '^ O»Nt4Ol^t(>'»tp«MV^0-4' g"-"QP"**»0 t-» O^ ^ »< wi wi (> 0> ■■ QtW -^1 oo M vi ^0 w* ■■ O ■^ it* Owi oo MU-^-t*i.M«_ » jl>.«.fc. » .M.»t— M< ■ »!(►* ^"^^rjl^i »■»»»»«■* ■«< ■»»*'» « *4 " . ■ --I uO f^UfM^ N*^ * vo Q ^ on^ Qo •• g OS >oa\0 oooB- 00- Om Jr' tl 111 f 83888 O B ■ B a *» *» ^ ^ ••^ 8888888 a,8,s,a,a.B.2, -? i S i b^ m U'l^ri st ir i|5 ixi; *-x; ^ "z J'C :; ? i?"^ g^;j 3 ^;J ?_^ ;:; t>^ s ? y 8 | Aunf i of £^^/w. '-** ■^.'' .*>4»'^ i^iiH"-^** - » — - uri** <. »4 M -• .,..■■» t wo \0 O OmVmO H^OpC^Or •■ OBNO 00 M W- 1 O O ON K,w. so 000>W>WW* O* 9* O^ O-t ••O O <*• ■•* - O P» -^^^ . ,- ■ . . :t 1^sM^t>0 — coo M vO I (S* ..J - - - - - ■ - - O O -^1 a^\m •O «** > ' Auncs of Berj^ue and DrcHihrtm. '>^t Ob OQ QD^ O ■- (^ OO M >»■ .^ ~ I Q M "^1 •-■ ^^1 -^ OD X^ Auncs of Stvtdrtit or Stockboim . Aunci of S/. (/'ff/7, lor I.incni. - t '^ & > N0 O QeMsOVQut -(^ h ^ ^^M"-* Ww w4>J -f■.^4»»'- WW->^H_ MM »ti«M^WM «!*<>*"> h4l* Aunci of 5'r. G'a//, for Cloth. 00 O »J o o o I Canes of Mar/d/Ut Canci of Touicu/et Alii, Caftrest &c. >^» » . wiiiii|i... f » «m'*H>^ •■ -*»<>■**<»■>»■ M>» **H .. M M MU«w>UI.0 ^i Aunes of Grnrva, Canci o(GrH9a of nine Palmi. Cane* of Romt» Yardt of f ir;/dW, or ►•». CTiOOp — O 9M — V* OOVrf — WON—* 0*U» •- "-^ Varas of i9/*/». »».,4»»*»>w>Mn H-»f i'§rfn^nt, of Lijhon, VI CIO--I o o C' M Wit o VM - 1 «o •> ^ -• oc^ «Q 00 00-1 o p "^ I vi sO 6 N *-' - 1 0^^0 v*M — o— 0*-JWP— v»-^***nO I Braffcs of l^rtiUf, 3«.0 OOO'^'V**-^— -^ocOvjo»w'0^^t)cO'>--JOO'-J I nraiH MO CV*-* M- PO^ O-.^. ^ M t.-^ >^^ -^ -G Ov. ^ I /. Braflcs of Bergamot Bo-^ iogMOt Msi^tna, MtnfuaA -i:i^:^'^_. 8 M N N » Ov^ 00M>> PV--4W - --OP «ONO\MOO-SC'Ol«--l-|»'*^ MWl+'M-^ - H — - M — Ui M — O O OO-*' B raflc s o( FUrrace and Lt^born, Braflcs of A///«j«. > w ^- • 3 o p < n 13- ■I o o > JO M M ••^ M S! H O o 7i 7i ni o 2: o M o PI I. O o o > CO c: w IS o ?'/6« 9iS * i If ^. J- : 9-6 Gr.NF.RAl. COMMERCK 01 TFIF. WORLD. Thf following are the Meqfurts o/" France and other Couniria reduced into Ftet, Inches, and Lines, of whKh X2 Lines make an hit hy and 1 2 Indus a Foot, which may inJomeMeaJwe illujirate the preceding Tabic. I — - n 1 .1 The Aune of Paris contain! _ « • The Cane of Prm'fnce, ylvijnon, and Monipelier • The Cane of 'TouhiiJ?, and the Varra of Arragon The Yaril of Englund _ - _ Tlie Aunt* of Uollauii, yiniii'tTp, and Tourtufv . 1 he Aunc of FliifiJen, Brabant, and Gcrmitny • Tl»c V.irra of C,ip7/r - - - ' The Varra of Faltncia in Spain The Has of Piifdmont, and the Baflc of Lucca The iJalfc of Venice, Ihhgna, Motittui, and Mantua The Falm of Gen«a - - - - The Hrailc of /033 942 946 95S 919 991 1184 1103 '033 »o53 948 954 920 954 907 »'53 1569 1062 lOOI 899 917 965 944 J831 The OP MEASURES. TIjc fame rccfptivr dry Meafiirc as is uftd for Corn fcrvfii nifo in Eii^bnJ for f .lie, Lime, Co.ils, {jfc. flu y being all metcii by tlic Winclifjter Mcafurc, tho' the Hrfl is now {;ener;illy foKJ fVoin the Pit's by Weight, reckoning 71b. Avoirdupois to the CJalioii, or 561b. to f!ie Riifhcl ; in Freight-Computation 42 Uuflielsisac- louriteda Tun, 5 i..illiel , i^ .1 back, and 4 Cwt. a f^^iiarter. When f)ld by Mea- fiirc this C\)mmodity and C'oali nuift be heaped, or tlfc five rttitken Pecks are al- lowed to the liulhel, and ofihc tatter ■i,() Bulhels make a Chaldron. In other Parts I'f Eurofii; Salt, whiih is a more ft ipic and current IMcrchandiic than alinoft any i-(her, is bought and ll-lil by different .'VIcafu^cs, according to the fevcral Place; of its Difpatch. For at ytni/frrJitm, where vaft Quantities arc imported, it is fold by the C'/il. of 404 jMeafures, or Scheppels, which Ci>it. ir, reckoned to be levcrt I, arts or 14 Tons, and the Lift to weigh 400 db. fo tliat the faid fevcn Lafts or 14 Tons make iSooolb. calleil the (>/;/ of Salt, which alflj contains 208 Sacks, tho* fome of this Commodity is much heavier than others. Salt is carried to .'im- /lerifiim Ami all the Cities of INhinJ, f'laiiJi-n, BrjAanf, Zcdhiruli other Places of the iVcrd', and up the nuliiik, from Manmi, lirouai^f, SuJt-, the I lies of /J .'and OUron i Maibi; kocLilh', and other Places ui Hiiiiitou^c, and the Country of jiunis ; from Foligwn, Croijil, (lucrtind, the Bay of liniiaiiiuf, and other Parts , of Hnttigne i from 6'/. U6s in Parlti^al, and from Ciidiz, Alurmit, and tviui m Spain, In the Cities and other Parts of Franct', S.ilt is fold by the Muid, whofe Size varies, according to the difTercnt Places of its Manufarture and Difpatch : At Poris tlufi McU'urc is reckoned to cuntaln 12 SctierSj or 48 M-nots, which Minotis alfu divided into Icfs Fradions. The Cent, of Salt, from Marans, Iimierg ; at which Place tile Cent, produces about 10 Lafts, or 4o,ooolb. At Riga the faid (.V«/. yields the fame Meafiire as at Cuninglliag, and about 6^ Lafts of Riga make the great Cent, of Amjlerdam. The faid French Cent, produces at Dttiitzlr/t 1 1 J fo 12 Lafts that Meafure, of which Lafts 7 J to 7; make likewile the great Cci.t. of A>/ijle/-ii,tm. At Stetin in Poiiuiot.iii, the French Lent, yields 10 Lalts, making 4o,ooolb. Meafure and Weigi t of the faid Place. In Portugol, Salt is bought by the Muid, of which four make a Laft, and fevcii the Cent, of ulmjlerdam, containing, as above, 404 SchepjKls. At Ahima: and Ivicn it is fold by the .Modin, which wci ;hs from 27 \ to 2S Civt. F.nglill:, and at both Places the Quantities made are prixiigious, being all Jbr the King's Account. Of Liquid .Meafiircs in Grcat-Rri/ain, the ordinary fmallcft one is c.dled a Pint, with its Fr.ictions, of whicli two make a C^art, two Quarts make a Pottle, two Pottles make a (Jalluii ; eight (Jallons make a Firkin ol Ale, and nine a I'irkin of Beer ; two Firkins a Kilderkin, and two Kilderkins a Barrel j one H.irrel and half a Hoglhead, two llogfheads a Pipe or Butt, and two Pipes a Ton. 7 hf Englijh Wine Mealurcs are fiiraller tlvan thofc of Ale and Beer, and are pro- portioi d as 4 to 5 ; lo that four Calion^ Beer Mealurc are almoft five (Gallons of Wine ]Vi''ufure } of which latter a Gallon is 231 Cubical Inches, and eight I'diunis one Ounce, and 1 1 Drams Avoirdupois of Rain Water. Of thel'c Cdlonsa Kund- letofWini holds eighteen, half a Hogfticad 31I Gallons, a Tierce 43 Ciallons, a Hoglhead 63 Gallons, ,iPuilchcon84Gallons, a Pipeor Butt 126, and a Ton 25: Gal- lons, or 20 1 6 Pints ; by w hich Mcalure is fold Wine, Brandy, Vinegar, Cyder, &v. Foreign Vcflels for containing Wine, Vinegar, ^c. have various DenominatKi'v;, accordiiiu; to their dilfcrcnt Sizes, and Places of their Fabric.ition. • u A The 9'7 9i8 GENERAL COMMERCE OF THE WORLD. The Woedcrs of Ct'.-wrf//)', for noIJinti Rhcniili and Mol'cllc Wines, are different ill their Gauges i I'oine containing if Auincs y/wz/Ari/i/w; Mcafurc, and others iiioic, or Ids. The Aume is recie».1- rf faid Rbfuijh and Ahfclk, and fomc other Sorts of Wine, of lix Mingles ; but in meafuring Brandy, it conlifts of fix ' Mingles. The Aiune is divitled into four Anckers, and the Ancker into two Steckan* or 32 Mingles. The Ancker is taken fometinifs for ,\ of a Ton, of lour Barrels j on wliich Footing the Rourdcaux Barrel ought to contain at AmjUrdam, when the dlk is made according to ihejuft Gauge, 12I Steckans, or 200 Mingles, Wine and Lees; or I 2 Steckans or 192 Mi-igles racked Wine j lb that the lh/tiJ,aiix Ton of VV iie cont.iins 50 Steckans or 800 Mingles, Wiiie and Lees ; and 48 Steckans, or 76b' Mingles, of pure Wine. The Barrels or Poin9ons of Nantes, and other Places on the Ri\'cr Loire, con . tnin only 1 2 Steckans Amikrdam Mcafure. The Wine Ton of Roi:hclh\ Cognac, C/.\ tnte, and the Illc of Rlr, differs very little from the Ton of BourJcaux, and confcquently from the Barrels and Pipes. A Ton of Wine of Cia/oji; Bttyonne, and the neijhbouring Places, is reckoned 60 Steckans, ;ind the Barrel 15, Amjlerdam Meafure. The Muidof Po Mingles; fu that the Pot or Peche of Akutpelicr h Ids than the Mingle : But the Calks of Montpelicr ak never of an equal Gauge, Ibnie Muiils containing more than others. 1 he Butts or Pipes Iroin Cadiz, Malaga, yllicant, Benicarlo, Sake, and Mataro, in Sp,:iii, and from the Canaries fubjc'lt to that Crown, from Li/t>ou, Oporto, and Payt'l in Ihnujal, are very different in tiieir Gauges, though in Affreightments are all reckoned two to the Ton. Viiie^;ar is meafurcd as the W nc ; but as the MealUrcs for Brandies arc different, I null now give an Account of them. Thcfe Spirits from I'rafue, 'pa.it, Portugal, tec. are generally fliippcd in large Caflis, called Pipe-, fiutts, and "ieces, according to the Places from whence thej are exported, and differing in their Contents, not only from one another, but even among thofe embarked at the fami Place. In /'V(7ine -^a Verges y At y//;///(7-(7/;w and other Cities of 7/9/A/;/// 30 Veertels At Hiiinhurgii And Lubak ' 30 Verges At Embdcn 27 Verges J In Provence and Languedoc Brandy is fold by the (^intal ; the Callcs incUided« and at Bruges in Flanders the Verges arc called Seftcrs, of i6 Stops each, and the JSpirits 'old at io much jier Stop. The Mingle «•/• Steckan, the Mingle weighing zlb. and 2, 3, or 4 Ounces, according to the Place of the Oil's Growth. It is reckoned that the Barrel of Oil at Genoa weighs near 187 J lb. Nett Weight, which is equal to 1251b. H /•mjierdiim, and i4ofthefe Barrels or there- abouts make the faid 717 Mingles, which ougiu to weigh i7jolb. at the laft men- • tioned Place. At l.e^hrn the Barrel of Oil wcighls 851b. which a little exceeds 591b. at Am- Jlerdani, and is more frequently (hipped in Jars and Fialks tlian Calks. In / rsvence it is Ibid by Milkrols of 66 Paris Pints, which make about 109 Pints of Amjlerdam. From Spaiti and Portugal it is brought in Pipes or Butts of different Gauges ; at the firft it is loli! by Roves, of which about 40 go to the Butt, and at the latter by Almoudas, whereof 26 make a lipe j the Aimouda contains 12 Canadors, and the Canador makes near a Mingle at Amjierdam. Train Oil is ibid in E'.^laiid by the Ton j and at Amjierdam by the Barrel of 1 2 Stcckans. Honey is fold with us by the Pound, thougli in Amjhrdam, where great C^an- titicsare imported fiom liourdeaux, Bn-itu-, Bretagne, I'rrncnce, Uanwurg/j, Bre- men, and leveral other Places, it is fold by the Ton, or Barrel. Beer at Amjterdam is commonly put in Pons or Barrels, half, quarter, and half- quarter of Barrel., and lomctimes in Pipe, Butts, and otlier fuch large Calk> for V[KC\r F.ajt .\n& ly^jl India Provifions. 'I'lie Ton or Barrel ought to cont.iin 1 Auuk', or 8 Stcckans, making 128 Mingles, and tiie other \'eliels in Pro^xjrtion. Of COINS, both real and imaginary. IN Fngland, the Copj>er ones are a Farthing an J Half-penny, the latter being two of the former. In line Silver of tlie Standard of 1 1 oz adwt. called Sterling, the fmallell Piec« is one Penny, others vei- j ones. Accounts are kept in Pounds, Shdiiiigs, and Pence, the hrlhuid Liit imaginarj, and Kxclungcs are cakulated in one of tJK-le two. In France, the CJold Species ;\re Lonis, with its Diminutions gf ; and |, and its Augtuvntatiuns uf double and quadruple. Of »'f > 9^0 GENERAL COMMF.UCfe OE Till" WORLD. Of SilrtT the Crown or Ecu, with its Fradlions, which at preleiit palTcs for j Livrcs, though it has bctn up to more tb.iii 7 Livrcs. Of Siiv-T and Krai's mixal, the Sol. And Of Copper the Liard, which is l of a iio!, or 3 Dcnicrs. A Double 2 Dcnicrs. And a Denier or ,', of a Sol. ActouMts arc kept tliruughout the Kingdom in Livrcs, Sols, and Dcnicrs, < f which I z Deniers make a Sol, and 20 Sols a Liv re j their Exchange is by the Crown of 3 Livrcs or 60 Sols. In HolhinJ, the Cold Coins arc 15 Guilders, and 15 Stivers .h<,5 5 Ducatons Ducats Souverains Rofc-Nobles ! wor Ducatons . Dric-Guildcrs Rixdollaror Patacon Croons Dollars G\)ud Guilders, orGoldcn Guildei^ | Guilders I J , though of thcfc very few are fccn. Silver Coins. ■3 Guilders and 3 Stivers 3 2 10 worth J, 2 Ofthis Coin very few to be met with II 10 A. Li Here are alfo , and ^ Rixdullars ; Schellings, of which fomc are worth 6, and others only 5 Stivers ; here are alfc Stivers, of which 20 make a Guilder, divi- ded into 2 Dcnicrs dcgros, or 8 Duytcs, or 16 Pciiiiis, though thcfetvvo bft Dc- nominationk arc ima^^nary. Here arc bcfides fcvcral other Coins, particularly fome fmall ones, of 2, 3, 4, 8, and 12 Stivers. Accounts are kept at Amficrdam and Rotterdam, the two chief trading Places, in Guilders, Stivers, and Penins ; fo that although Goods are Ibid for otiicr Species, fuch as Livrcs de gros, isic, yet all are reduced to the above Dcnomiii.itions for the lilntries into their Books. The Exchanges are made with us in fu many Schellings tt) a Pound Sterling, though to molt other Places in Deniers de gros. Foreign Coins arc very ir.any, both of (iold and Silver, but are not current iiere at any fixed Price, but, as other Commodities, rife and fall accorunig to their Plenty or Scarcencfs. In Riijjiii, 3 Coppccks is an Altin, 10 Coppecks i GricvCj 25 Coppecks is a Polpoltin, 50 Copixicks is a PoltM), 64 Coppecks is a Dollar, and 100 Coppecks or 19 (irieves is a Rouble ; an Euglijh Crown palfcs there by Weight, for 120 to 1 30 Coppecks. Accounts arc kept in the trading Places of this Empire, in Roubles, Grieves, and MolcoKjues, 2 of which make a Coppcck ; or in Roubles and Coppecks. Their LMlninge is only on llolLinJ, and negociated in cither Roubles or CoppKcks. In i\jr-u;iy, a Rixdollar if- fix Dj«;}/JMarks, a Mark fixtccn Shillings, and at Co'-fcriiyl-, Linifuyi, Mardou, I'lckeren, 'Jiddcr, St^ijjiigir, RoiiiJ'dal, and Drou- ti'i/m, tJie Rix iollar is worth 4 Oorts, an the Oort z^ Dtwijh SchcllingR. In l) , ; London t from 32 to 38 Scheilings llemidi/)*^ Pound Sterling. Holland, .SIcch Dollar for 30 to 35 Stivers, .uid often Rixdoliars for Rixdollai> with a Premium. . , Berlin, Rixdoliars for Rixdoliars, whh a Benefit of fo much ^«- Ct;;/. Leipfiik and Dantzick, ditto. , Flanders, Mark Lubs, tor I'landers Stivers. Sweden, tlie Rixdollar, l.-: Copper Marks, and fomctimes at a Premium of Jo m\xch per Cent. MuJ'covy, the Rixdollar for nnuncirtain Number of Coppecks. h'ranckjort, the bletch Dollar, againll I'oine Creutzers of Exchange, or Rixdol- lar for Rixdollar at fo much per dut. 1 1 B Niifem* 921 l^h: i <",■ :) i 'H '^V : % gzi GENERAI- COMMERCE OF THE WORLD. }*fitremburgb, the Merchant's Dollar, for current Creutzcrs, ni.a RixdoMar for Rixdollar, with a Premium. France, a Number of Schcllings Lubs, for the F«;;fi6 Cro .v, "^th v^? I.Ivret.. Span , Ditto, for the Ducat of 37;; Maravcdies. Frtu^a\ % Number of Deniers, for the Crufade of 400 Re's. Grnevi:, t!ie famt as with iV;r;j and Lyons ; and it is a Cnuoni to dr^v/ h us tpon Lubeck payable in Hamburgh; the Term I,ubs bt.in8 is 5 Swam, and ;\ Swaar is ;i Ptnin. At this Place Accounts are kept in Ricdollars and Gros, and it exchanges oa jlmjlerHaM RixdoUars of 72 CJros, for Rivdollars of 50 Stivers Bunco. At Lefp/ici, znANaumhourgh, a Rixdollar is 24 Ores, and the Gros 1 .i Fcnins. Said Dollar is likevvife \\ Rix CJou'dor Rix Guilder, and this Piece is worth 16 Gros. A Ducat is 4 Guilders, or 2' Rxidollars -, behdes whit h tiicy have S, i^, 2, 1 \ and 1 1 Gros Pieces, and fome iHll linaller, of 9, 8, 6, 4, and 3 Fcnings. Thefc two Places keep their Accounts in KixJolliu.s, and Cio.vns, Gro;, and i'enings, and their Exchange Money is worth 10 to 20 A.r (.,'!,v/. more Umm the ctirrcnt. If Bills ore made payable here in current Money, ihcy are difchu, ed | of their Amounts in Pieces of 4 Gros, and thr other \ in Cims Pieces • but >* they are drawn to be paid in Exchange Money t\\vy mull be ("atisfieii in RLxdt'llani, often termed Crowns in Exchange. At Bruiijhvick and OJiiaburg the Rixdollar is divided into 36 Maricn.-'ros, a:i.l the Mariengros into 8 Penins, in which Specie their lixcliange;, are uIUj ingo- ciated. At Berlin, the Rixdollur is worth 3 Guilders or 90 CJros, about 4^. C! Ster- ling, a Guilder 20 Brummcrs, or joGros, 18 tJrosan Oort, and 5 Oorts v:-. Rix- dollar. A Brummcr or Abrale is it Gros, i Grofs is two Poichen op 18 i'eniju>. and I Sohclling is 6 Penins or Deniers. In this City and the Kinj'dom Accounts arc kept in Guilders, Gros, and Penins, and the Exchanges made in RixdoUars, for Amferdam, Hiimbur^h, AuglbHr-:^!}, tS'urembergh, Brr/ltiiv, S-u.itTerlanii, and London, when any Thing is done dircilt here, t)»ough this is very feldom, as Tranfadions of this Nature vonvf;uifly paii throii'jh AmjienJam and Hamburg/.^ At Zurich, the Rixdollar or Ducat is worth 28 Batz and 2 Schellings cf this Money, which are worth more than the ^\oiiz Batz, and Icfs than tholb called good Batz; the CJuildei- of Zurich Ci)ka ; c good CJuilder, is 16 Jint/, or jj j Schellings of this Place. The Batz i wnrf'n i\ Zurich SchcUings ; the ;uhelli;ig 6 Anders, or i ] Creutzer, of which ■•.Ucr 4 make the Batz. At this Place Accounts are kept in RixdoUars, Creutzcrs, and HcIKts; their Exchange is commonly made in Zurich Money; reckoning their Hixdollari, worth about 4/. bd. Sterling, at 108 of their t^reutzcrs. .irth At Zurzach, moft of the Sifiiz Coins arc current } and At SchtiJhouJ'f, the Rixdollar is wortii 27 good Batz, the Guilder of Zurich is worth here 15 ditto. The good Batz makes lo Baps, or 4 Crcui::ci;. At Berne, the Rixdollar is worth 30 common Hivitz Batz. '1 he good CiuiKkr of Zurich is worth 16 Batz, and 2 SchcUings Swi/z -, and the Bat» is wcrtli 4 Creutzcrs, or 2 \ SchcUings. At iV. 6W, the Rixdollar is worth 25^ Batz, or 102 Creutzcrs. The Guilder is 15 Batz, or 60 Creutzcrs. The Schelling is 6 Creutzcrs or 1 ; Batz. The good BmIz is 5 Creutzcrs. 1 he common Batz 4 Creutzcrs. T..e Creutzer 4 Wcilers oj ''en ins. •n this Canton, Accounts arc kept in Guilders, Crcut/ers, and Penins, S/. C/ Money, or under the lame Dcnominar ions, in the Coins of the Empire. Itgiv OF COINS, ff. G«Iliiers7 If"" others of fiiH Vhx- ihc (.xmc Xo I'enice for Ducats Banco; ditto to Cr •;• ' r,,r v'rownj pt tiiat PUcc ; and the like to Lyons for the Vrcnch Crf>wn. At rajil, the lUxdoiiar confifts of 27 good B.itz, the good GuiMcr 15 good Batz, or 60 Creutzers. The good Batz is 10 Raps, or 4 Creiit/ers. The Guilder of the Empire is here worth 25 Srhellings or Flappcrtv, or "o ^/ms ; th ; Gros y,"- Raps J and the Phippert 6 Raps. Accounts arc varioutly i^cpv in this Canton, feme in Rixdollars, Schcllings and Denies, foiiie in Livres, Scheliings and Denicrs, fome in Rixdollars, Creutzers, and Fcnins, and fome in Guilders, Creutzers, and Penins ; they exchange as Zurich docs, and their Rixdollar is worth about 4;. hd. Sterling. At StrajLitrgh, the Rixdollar is valued at 1 { Guilders, or 15 Scheliings, 90 Creutzers, 3 I.ivres or 60 Sols. A Guilder is 10 Scheliings, or 60 Creutzers, or 2 Livres, or 4 Sols. A Livre is 20 Sols, 5 Scheliings, or 30 Creutzers. A Schclling is 6 Creutzers, or 4 Sols. Exchange from hence is tranladed with moft Places in the Silver o^ Alface, which is the fame with the Silver oi Fiance: the Rixdollar being here reckoned at 3 Livres 'Tournois, the Agio being com- monly from I to 2 piT Ci-iif, At Ceru'Vii the Gold Coins are Piftoles, worth 40 Florins 3 Sols, or 1 1 Livres 10 Sols Tournois. Ducats worth 22 Flo ins, or 6 Livres, 6 Sols, or Ibmething better, though few of thefe Coins are now met with. The Silver Monies are Crowns, worth 10 Florir.s 6 Sols, or 3 Livres. I'ieccs worth i P'lorin 9 or 10 Sols Tournois. Pieces of 10 Sols 6 Dcniers, or 5 Sols Tournois. The Copper are. Piece* of 6 Sols, 3 Sols, I Sol, and 6 Denicrs, 9 Dcniers, and 6 Denicrs ot Geneva; bc- lides which there are Silver Pieces of 2 Florins, and i Flori.;, though of thefe there remain but few. The (ieneia Florin is worth 5 per Cent, lelk than 6 Sols Tournois. The Exchanges are in Crowns of 3 Livres '/(;?//■«».•'/, cv,!led allbby fomi Rixdollars, and almoft all the foreign Coins of Europe arc current there. At Cologn the Rixdollar, computed at 41. 6d. Sterling, is divided into 78 Al- bulTes ; the Albus into 1 2 Denicrs, or 2 Creutzers, and the Creutzers into 4 Hel- lers. The Dollar is worth here 52Albu(res. The Guilder 24 Albulfes. The Blaf- fart 4 Albulfesj and Accounts are kept in Rixdollars, Albufles, and Penins, and their Exchanges with yimjtcrjam are Rixdollars of 78 Albulfes, for Rixdol- lars current Money there at a fluctuating Premium. hx. Frankfort j'ur Maine mA Hanaiv, the Rixdollar is 90 Creutzers, and the Creutzer 4 Heller, ; but as the current and exchange Money is fo very different, and not readily to b; calculated, I herewith add a Computation made by Monfieur John Peter Ricari, in Hopes it may, at leaft to fome, be both agreeable and ufeful. lof Guilders of 65 Creutzers exchange Money, make • 108 Guilders, 20 Creutzers of 60 Creutzers exchange Money. 87 Rixdolln- J, 62 Creutzers, of 74 Creutzers ditto. 8 1 Rixdollars, 6 Creutzers, 3 '^{d. of 90 Creutzers current Money. 132 Guilders, 6 Creutzers, or3J.l'urcnm'rg and Augsbirg, Rixdollars for Rixdollars with an uncertain Premium. With Fenicc an uncertain Numb-'r of Rixdollars for 100 Ducats Banco. And with St. Giil 100 Guilder* of 60 Crcutzers, for an uncertain Number of thoi^: Guilders. At Embdcu tile Money mcft in Ufe arc Rixdollars, valued at 2 Guilders, 14 Stivers; and their Exchange is almoit confined to AmJiirJi::;), betwc.";n Rixdollars and Rixdollars, and fomctiines CJuilders againll Guilder;., both with a Premium of fo niiich/>tr Ctnt. Bohtino is a Place con fidcrable in lixchangcs with fcveral Parts of Frawff, Italy^ Siiitzerlii/iii, and Germany. The Sjiecies moil current here, arc the German Rix- Hollars and Dollars, the former worth 90 and 93 Cicutzers; the Guilder of 6r> Creutzcrs is likewifein Uleherc. It exchanges with Lyons an uncertain Number of Creutzcrs for a Fre>ic/j Crown. With Rome the fame lor a Crown. Wilh F/ore/ui: Ditto for that Crown of 7I Livres. With Bergam the Rixdollar of 93 Crcutzers for an uncertain Number of .Sc/,//. With Fenicethc fame, for a Number of Holdi Banco. With Ancona, the Guilder of 60 Crcutzers for an uncertain Number of Bajoches. With Boh^ne ditto, for a Number of Soldi. With St. Gal 100 Guil- lieis for an uncertiin Number of Dittos that Money. With Frankfort an uncer- ta.,1 Number of Rixdollars of 90 Creuucrs, for 100 Rixdollars of that Placc^ and wi i; Augiberg and Nuremberg tl.e fame. At Nuremberg artd Augsberg^ the Guilder is 15 Batz, 20 Imperial Gros, or 60 Creutzersi; the Crcutzers four Hellers, and the Rixdollar is 1 1 Guilder, or 90 Crcutzers; near 4^. Cd. Sccrling, 22J Batz, or 30 Im})erial (mos; a thick Dol- lar is iv Guilders, or 25 Batz, or 100 Crcutzers; a Gros is 3 Crcutzers or iz Denicrs, and a Batz is 4 Crcutzers, or 16 Deniers. Accounts ai " kept here in Guilders, Crcutzers, and Hellers, and the Exchanges on Amjlerdair. and Leipjiik arc in Rixdollars for Rixdollars, with a Premium. On Viaice in Guilders for Pucatsde Banco; and on yienna, Prague, and Brejlau, in their Guilders, for otlicr Imix-rlal Mwncy. At Lehre, a Livic is 20 Schellings, and tlic Schelling 16 Fenins. The Crown or Rivdollar of this Place, is worth 4 Livres, which arc reckoned on a Par with the Rixdcllars of 50 Stivers current Mor.cy of Amjierdam, l^erc A; counts arc kept in Livres, Sols, and Deniers ; and Exchanges made in Livres for .IJu'ders of current Money in Amjierdam. A; An:v.'e>-'y, BruJJ'cls, Malinrs, Ghent, and IJrt.gcs, the Livrc dc Gros is 20 ScHcUiu^s dc Gi'^s, and the Schelling 1 2 Deniers dc Gros ; called here, zt Amjier- dam, and i ' all L mbant and Flanders, Pounds, Schellings, and Groots Flcmijb j and at Anticcp^ :'■• well as in Brabant and Flanders, are two Sorts of Money, or rather om- Sort v/irh t'vo different Values, for the fame Species are variouily reckoned in their Currency, or by Exchange. For Exchange, the Patagon or Rix- dollar is h re reckot;cd for 8 Schellings, or 48 Stivers in Exchange-Money, though for 56 Stiv; -9 current Mcncy ; and the Sdiciling dc Gros, which is 6 Stivers in 3 Exchangr, OF COINS, tff. Exclnngtf, palTes fi)r 7 Stivers in tlv Currency; fo th.it there go 1 19' Culldcrs or Livics de CJros Cuirciuy to 100 Ditto Ivvthin^*"; 100 Livrcs lic Clros, Hank Money at A-nili'nitin, is lommonly worth 2 to ^ per Cent, more than 100 Livres dc Gros Exchange Money ;it Ant\j,rp, la Shdiii, the (loM Coins are the fame all over the Kiili^ilom, vir.. the four, t vo, aiul (iniMc I'iftole Piece, as alfo the \ Piftole. The lilver Coins are the lyiif-Iniiij Dollars, with its Fradtions of \, \, or two Rials, one Rial, and ; Ri;il of Plate, now wortli 10; Rials of Plate, whereas fo me years ago, its Value was no more than 8 vi the laid Rials and tlic Piftolc then worth but ;^?. Rials that is now current at 40 Rials; thcle DoHts all come milled from ALxi\o; hut from Prru they ilill come unmilled as formerly, being the liimc in Value as the others, with this only DilTerence, that of thcfe no lcl"> than Dollars and half- Dollars are current, the lefl'er Fractions having been cried down above 20 Years ago. When the late F.inpiror was in PoflcfTion of Spain, he coined a pretty laryc (^antity of Pellarcens, or \ Hollars, which being of a hale Alloy, King P/'i/ip V. lov/ered their Value 20 prr Cent, on his coming to the Crown, fo that inllead of four, five of them went to the Dollar, and the fiid King coined many Dol- lars with their F'radions during his Reign. The Copper Money is very va- rious, and almoft Provincial; that at l7(7,//s; and in Dj////i', arc double aiid fmgle Quartos and Ochavos, of v\hich two Ochavos make a Quarto, and two fingle Quartos make a double one: 17 (Quartos make 2 Rials Vcllon, wliich is now an imaginary Coin, thougli fdrnu-riy it was the principal one of the Kingdom. A Maravcdie is alfo another imaginary Specie, of which 1 7 are reckoned to a Rial Vellon. The Ducat is alio a fiditious Coin of 1 1 Rials of Plate in Purchafes, Sales, and all other mercantile Tr.mfadions, except in Exchanges, when it is valued at II Rials of Plate and 1 Maravcdie, or 375 Maravedias, In the Kingdom of /'>;- Icnciii, the Copper Coin is peculi. rto it, being called Dineros, of which 30 make a Rial of Plate, and 2.}. a Ri.il cu-rent, being an imaginary Coin, of whicii 10 were reckoned of equal Value witii 8 Rials of Plate, and 2 to be the fame as ? Rials of Vcllon; here arc alfo fome few Pii.ces of 3 and 6 Dineros, much about the Size of our Half- pence and Farthinf;.> ; and as the Currency of tliis Coin is very confiderablc, though confined to the Kingdom of Fitk/uia only, they arc made up into Papers of 2 and 3 Dollar > eac'i, and Co received and paid unopened, very often to the Value of leveral thoui'md Dollars ; but in Cafe of any Sufpicion they arc weighed. At lutrcehrm, their Copper Money is again different, and 14 Rials Ardites arc there reckoned to the Dollar; fo tliat I cannot help taking No- tice of the l-Irrors all Authors that I have f' n run into, by making the Coins and the lintries in Accounts the fame .dl over Spain; and where any one lia^ va- ried under a pretended Corredlian of his Predecelfors, he has done it, in fo erro- neous a Manner, as to leave the Account worfc than he found it. At C././/V, Ac- counts are kept in RiaU of Plate, and its Fractions; in CajiiU' m Maravedics, in Falencia in Livrcs or Dollars, Sucldos or Dineros, of which lutter 12 make a Sueldo, an imaginary Specie, and 20 Sucldos, a Livrc or Dollar. In Catalonia in the SjKcies above-mentioned of ArditeS; and fo in feveral other Parts of the Kingdom, which I thought proper to mention, as necclFary to rcdify the Millakcs made in this Matter. This Kingdom exchanges with London, a Dollar or Piece of Eight for an un- certain Number of Pence. With Urabant, Flanders, Ihlland, Zealand, and Ham- burgh, its Ducat of 357 Maravedies, for a N umber of G roots; with Fra:w for fo many Maravedics agauift the French Crown, or the Piftolc for fo many Livres, i3c\ Wwh Portugal, the Ducats for Crufades, or a Pillole for the Number of Reasj with Aov/, an uncertain Number of Maravedies for the Crown Mark; with I'liiice the fame, for a Ducat Banco; with Florence Ditto for the Ducat of j\ Livres; with Lc^/'w» the fame for the Dollar; with A/z'/jw the fame for the Ducat of •115 Soldi; with Naples the fame for the Ducat of 10 Carlinsj and Ditto with Palermo and Mejjina lor the Florin of 6 Tarins. \' In Portugal, the current Coins arc many, viz, 5 In Gold: The Piece of 25 Mil, 600 Rcas, worth in Sterling Money L7 4 o The Piece of 24 Mil, or 5 Moidorcs — — - 615 o II C The 9H ^11 '4 ill ■ I'" jl: 9z6 GENERAL COMMERCE OF THE WORLD. The Piece of 12 Mil, 800 Rcas The Piece of 12 Mil Rcas, or 2^ Moidorcs The Piece of 6 Mil, 400 Rcas The Piece of 4 Mil, 8co Rcas, or a Moidore The Piece of 3 Mil, 200 Reus The Piece of 2 Mil, 400 Reas, or the [ Moidore The Piece of i Mil, 6co Rcas The I'iece of i Mil, 200 Rew, or the j Moidore Tlic Pieces of 8 Teftooiis, or 800 Rcas JC' 3 «2 The Silver Coins are. The Crown, or Cnizade Piece of 400 Reas The I'-o of a Moidore, being 4S0 Rcas The 12 VJnUn Piece, or 240 Rcas - ■ " ■ The 5 Vintcn Piece, or 100 Reas ■ The 2 I- Vinten Piece, or 50 Reas In Copper: I I o o o o o o o o o o o 7 16 7 iH '3 9 6 2 2 I u o o o o o 6 o o o 6 o 9 6 3 «:- 41- 6i " r Tlic Vinten, or 20 Reus The V Vinten, or 10 Reas The ^ Vinten, or 5 Reas Befules which, there are fomc few Copper Coins of lefs Value, current in that Kingdom. Accounts arc kept tlicrc in Reas, making a Separation at every hundred Thou- find, & :. and it exchanges with LouJon 1000 Reas, or a Mil Rea, for an uncer- tain Nu.nber of Pence; \K\(h ILimburgb, ILilatid, and all the L'liitiJ irnvincest a Cnilado for fonie Pence Vkmijb; with Spain an uncertain Number of Hciis for the Ducat or Dollar; with Trance the fame for a French Ciovvnj with I'hrenct Ditto for that Crown of 7 1 Livrcs; with (Jcnsii, the fanicfora Scudij with i-t'^- /.vr/i, the fame for a Dollar of 6 Livres. At Genat ami A'oxi, many Species of foreign Coins arc current, but their own are the Dollar, of 5 Livres, the common Dollar or Ducat of 4 Livres; 12 Dena- ris n)ake 1 Soldi; 4 Soldis a Chavelet; and 5 Chavelels, or 20 Soldi, a Livrc. Accounts arc kept in tliefe Cities in Livres, Soldi, and Dcnari, or in Dollars of 100 Soldis exchanging on LonJon the Dollar of 5 Livres for a certain Num- ber (;f Pence; on ^liiijterJtim, And .lnl\cerp, ditto for a Number of (Jroots ; on Spain the lame for io many Maravediesj on Portugal the fame for Reas; on (ieneva the (anie for a Crown with a Premium; on Venice the im.igin.iry Crown ofyo Soldi, for an unecitain Number of I'enetiun Soldi; on Milan ditto tor a ,\'umbcr /c.r 100 ditto for an un- certain Number of Ducats j with Legborii an unceruin Number of Soldis, for the Dollar of 6 Livres; with Lvcca 100 Crowns for an untctain Number of Crowns of 7,'- Livns; with Rome ditto for an uncertain Number l Koman Crowns; with ^mjiciiam, Anfcuerp, and Gtv/oj;, the fame as from Leghorn to thofe Places. At Lucca the Crown is worth 7 Livrcs 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; a Tarin 2 Carlins; a Carlin 10 Grains; a Grain 3 Quartrini: a Carlin is worth about ^J. Sterling. Accounts are kept here in Ducats, Tarins, and Grains; and Exchanges made with Spain, by i,iving a Ducat of 10 Carlins for an uncertain Number of Mara- vcdies; with Genoa the Dollar of 9 Carlins for fome Soldi; with Palermo the Ducat of 10 Carlins for a Number of Ponti; with Leghorn, Florence, Venice, Rome, and France, for 1 00 Oollars, Crowns, Ducats, ftamped Crowns, and Crowns Toumois, 100 Neapolitan Ducats with a Premium. In Sicily, the Coins are like the preceding; 8 Pichili make a Ponti, 6 Pi- chili a Grain, 10 Grains a Carlin; a Tarin 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 il'is 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 Livrcs; with AW the liime for the Crown; and with Naples an uncertain Number of Ponti, for the Ducat of 5 Tarins. At Venice both the current and Bank Ducat make 24 Soldi, or fix Livres and 4 Soldi. The Venetian Piftole 29 Livrcs ; the Chequin 17 Livres; theTeftoon two Livrcs 14 Soldi; t 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 tonliderably in lixchanges, and gives to London a Ducat of 24 Grains Banco, for an uncertain Number of Pence Sterling; to France an uncertain Num- ber of Ducats, for 100 downs 'Tournois ; to Spain, one Ducat for a Number of Maravedies ; to Holland, Ihahaut, and liumhurg, a Ducat for a Number of Groc'ts; to Novi, an uncertain Numlier of Ducats for 100 current Crowns; to Naples, 100 Ditto lor an uncertain Number of Ducats, of 10 Carlins; to Leg- Lorn, 100 Ditto for a Number of Dollars of 6 Livres ; to Lucca 100 Ditto for an uncertain Number of Crowns of j\ Livres; to Rome the fame, for an unccr- tiin Number of Crowns; to Genoa, an uncertain Number of boKli Banco for the Crown of four Livres: to Milan tlic fame, for a Crown of five Livrcs 15 Soldi} t9 927 :i I, I'r il 928 GFVF.RAI. COMMERCE OF THE WORLD xo Franckfart, Nurfm/iiir(r, nnd Si, Cal, lOO Ducats, for an untertaiii 'Number cf Guilders of ^)0 L'rcut/crs. hx. Bologna Actoiints arc kept in Livrcs, Soldi, ami Dcnari, the I,ivrc bcin^ 20 Soldi, and llie Soldi i2 Dcnari, The Money it a Crown wortli four I.ivrcs five Soldi, or 85 Houlonins. Here is likcwile a IVlloon valued at one I.ivrc 10 Soldi ; a Jules at 20 (^artrins, and tl>c Soldi Uayutk, t>i Boulonin, at fix Quar- trins. Nlany Coins of the Empire, J ranee, and Sfain, pafs current here, nnd it exchanges with /-Vw/tv an uncertain Number of Soldi for one Crown '/'wvr/.c/w j with Nap/a the fame, for the Ducat 1 f 10 Carlins; wiili I'cniir, the Crown or Dollar of 85 Soldi, for an uncertain iNuinlier of Soldi ; with A'j/w an uncertain Number of Soldi, for tlic Crown of 10 Jiilio.s; with Lucca tiic fame for the Crown of 7I Livrcs ; with I-hnnir ditti) for the Ducat of feven Livrcs. At liiT(iam many foreign Coins arc current, and thoir Accounts are Ivcpt in Livrcs, Soldi, and Denari, of which 20 Soldi ii> ikc a Li. re, and 12 Den.iri one Soldi. Tlie Du( at or Crown of Lxthange i» nxkonai at 7 Livrcs, and of thcie it give* to Ml/ M\ uncert.iin Number for 100 Crowns of iliat Money; to Mi/un the lame for the Ducat of ^ Livre» and i 5 Soldi ; to Lyms ilitto for a Crown 'fournoit ; to KeWi ditf; '.\j, a ilamjKd Crown j and to /V«;iv a Crown for an uncertain Num- Ikt of Soldi. At Parma Accounts arc kept in Crowns of 20 Soldi, and one Soldi is 20 Dc- nari. The Merchantii' Crxwn i . reckoned 4 Livrcs, wiih ;ui unllttlc.l Prcininm. At Modtna Accounts are kept in Lires, Soldi, and Dcnari ; tliey have alio x Ducat of 5 Livrc;, with many other foreii^n Coins current lierc. MaNiua has the fame S^K.cies and the Ikiiie Way of Reckoning as the la(l men< tioncd Place. And at Fvrrara and Ancona Accounts are kept, and the Species the fame as at Ronw. In the Illand of i'<« •//'«/»/, Accounts are kept, as in moll Parts of //j/k, in Livrcs, Soldi, and Dcnari ; the Dollar or I'icccJ is worth 9; Rials, and the Rial 15 Soldi, SiirJ.'niiin Money, and tSe Livrc 20 Soldi j fo that the Dollar is valued at 6 Livrcs, 18 Soldi, or I7,n Soldi, thai Illand's Currency. At i'laciiitia Accounts are kept in Crowns, Soldi, and Dcnari of Maak, of which J 2 Dcnari make a Soldi, and 20 Soldi the Crown. This Place always gives in Exchange an entire Sum, ^/i:. a whole Crown, or 100 C'rowns, Zic. In the llUndof A/w/'/rf Accoinits arekept, and Money is the fame with that of Suih, being Silver, topper, or Brafs, of which the latter are the current >}x;cies; and in Negociations of I'urchalcs, or bales, it is always ft ipulatcd whether Payment ihall be made in Silver or Hrafs Money, the former being eltecmcd ^o prr Ci-ut. better than the other. Six Pithili makca Cniiii, 10 ti rains a Carl in, twoCarlin* a Tarin, and tiie Deci Tarini 10 Tarius, bclides which many foreign Coins are current on the liland. In Savoy and Piedmont, tJic Species arc Mc.donines or Piftoles of Savoy, worth 13 Livres; Ducatoons worth 7 Morins, or 84 Soldi j the Savoy Crown, wortii 3 Livrcs, 12 Soiiii j the Livrc wor'h ao Soliti ; and the Soldi worth 4 (^lartriiis or Liards. Accounts are kept lierc in Livri. . or Lire-^, Soldi, and (^artrins } tlicir Exchanges are in Ducatoons. In tlic Illand of diidia, the fame C< ins are in Ufe, and the fmic Method of Accounts pradifed as at /'rf:ta\ In theii' Mealurinp two Picos are ufcd, the one for Silk, and thcoihur Jinr Woollens j 1 00 ol the former nuking r.bout 61 ;. Yards l'.iigl:jl:, and loool the oJitrs four ^ anit more. Tiie Weights of thif Illearc alio two ; the Suttle and great Wcigluj loolb. of which latter very nearly correfpond with II Sib. Avoirdupois J and the 100 Suttle make about 761b. Ditto. Li the Mi \-n, Accounts are kept as in I'/nicc, or Turkey, according to winch cf thei'c Powers the Place is fubject, thougli they generally reckon in their Deal- ings by the Dollar of 80 /Vipers . In computing their We; jhts, they reckon 1 1 ;. Drams to an Ounce, 12 Ounces to the Pound, ^Ib. to the Oque, 1321b. to a (Quintal, oi" about n7^1b. lingtij!:, though in weighing Raw Silk, they count 15 Ounces to the Pound. Oil is IblJ here by a Meaiurc called the Lever, weighi/i^ i about •]^\h, of which 10 make near 15 tng/ijo Gallons, or i i2;lb. .. ..^, ,... ■ . Corn Corn is fol< fure, and thci which Weigl iKT Place. At Con/ian The Piece re and the Ai\>c pufs here, (ui portion for w j>crs , the Al 1 16 Afl>ersi kins, ft. At Smyrn. Afpcrs, the At Jl,-xan arc the Doll kept in thefc At yli'-'xai and the Abe the Spaniji) keens, bein The 1 1.U here had th tion is nut i fent Section the Accura Tables and which wen here, but cipai tradi talculatioi gated the " in fomc M 1 Ihall I • and Coins the VVork At Cajt lifteem ar \ o ptT Ci' ttans, aiM I't-m'ti'iti '. an A I Vela of Caj}a Long Ml tons, 6'f Pic is 5c At ki Ar|H.rb, lalt City Carat; ro at a proi hxP and Ih n^only 1 and Cai At/ and Af| At ^ Roul'pi the 0«. ^'^ OK C O I N S, 6?r. Corn is fold here hy the Hochcl, i)f which 9; make 8 Biilhcl^ JVivcheff,-r Mca- Inrc, and tlwir Wine is fold by the Loder, containinj^ about 8 Gallons EngHjh\ wliiili Weight* and Meafurcs I mention here, as they were omitted in their pro- JH-T I'latc. At Conliantinoplf, the current Coins arc golden Sequins, worth 24J Afpcrs. The i'icce reckoned at j 20 Afpers. The Paras or Medins worth 3 Afpers, and the Af(«:r worth a Tririe more than a Farthiny Sterling. *i1any foreign Coin* paf-; here, luch m Spanijh Dnjlars, ifwcij^hty, at loH to no Af})ers, and in Por- portion tor what they are light ; Caragroulchsi, Money of the limpirc, for 120 Af- |>crs , the Allilanis, AbouqucK, and Lion Dollars of /w/^ri/ri and //(////?«crccivcd them : yet I luivc not ftopped here, but alto very conlidcrably enlarged tliem, by the Addition of many prin- cipal trading Places, that had been omitted by the Compofers of the aforefaid Calculations, who have generally copied from one another, and thereby propa- j;ated the Millakcs and Overlights ot the firft Inventors, which are here, at leaft in fomc Meafure, rci'tificd and iinprovctl. I Ihall next endeavour to give the bell Account I can of the Weights, Meafurcs, and Coins of the other trading Parts of the World, with which I (hall conclude the Work. At Cuji: in the Black Sea, many foreign Coins are current, but thofc in moft liftcem are the weighty Mrxicuri and Smian Dollar!), which are always worth here 10 per Cent, inoic tlian tlic Airdini, being centinually bought up by the ^^r/w tiiiins, and lent to I'crjin. The Allelani paflcs from 90 to too Afpers ; the rt?;t'//(/H /ckin for 2' Aflclanis, as at dn/fantinop/e ; the Abros paoitionable V.iliic. At I'rcviit, all Tiade is carried on in AlTclanis, Abras, Turks, Izelots, Venetian and Huiigarin "/xV-'ins, (.'hcritt'i, Afpers and Paras; theft; Species being com- nioidy 1 5 />(■;• Cttit. higher than at Cortjlantinople, as they are at Synope, Nkopolis, and Cajtaniholi . At La Majire thccurrci\t Coins are only the Aflelanis, Quarts, Turks, Izclotes, and Afpers, tiie Scvilan and Caragroufch Dollars not being fo much as known here. At Hahfiicii, in the Arc/. ipe/ago, the Scvilan is worth 2 1 2 Aljxirs, and the Sequin Roufpi 412. TheMcifurc called the Ciuilot makes near half a Leghorn Sack, as the Ocque docs jjlb. of that City, and the Pic 'u ucar a Dutch Ell. II D la 939 .h ^ n « ,.«^.. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I l^|2£ |2.5 ■so •^^ II^H ^ KiS 12.2 ^ 1^ 12.0 1.8 — Ill '-^ 1.6 ^ 6" - ► V2 ^, ^> .\^.#? ^ ^ ^j? > Hiotographic Sdeiices Corporation V ^ ,v m a,' 6 go to an Afper. The Doubla is Silver, and worth a '1 jifle more than the French Crown ; the Rubick, Median, arid Zian, are all Gold Coins } the firft worth 35, and the laft 100 Afpers j but thefe thrct; Species are particulaily ftruck at Tremecen. The foreign Coin that pafs here, are the Sul- tanines of Morocco, the Portugal Golden Pieces, the Venetiiin Sequins, the Spanijb Pilloles and Dollars of all Weights. The Value of thefe Species is not here fixed, but varies, though no^ much, according as it fuits the Government ; not liut the Patique Chique, fmall Dollar, or the Afper Dollar, which is an imaginary. Coin, is fixed and always worth 232 Afpers J the \- oi a current Dolbr, rom- monly called the great Patique, which or'inarily weighs 2^ Piftoli-s, but is fomctimes altered by the Dey. In 1725, the Sultanin of Algier and that of Morocco, were worth 2 current Dollars and 4 Rials; the I 'enet inn Sequin, 2 Dol- lars 6 Rials; the Crufade of Portugal y Dollars; the Spanifi Piftole four Dol- lars and 4 RLils; the Sevil and Mexican weighty Dollars 20 to the Pound, 3 fmall Patiques and 7 Temins; the weighty Lc^ij^ww Dollar, 3 current Dollars, and 6 Rials j ditto of 7jw;w 3 Dollars, and 4 Rials ; the great Pataque or current Dollar of Algier, 3 fmall Pataques, or 6y6 Afpers ; the Temin is a fmall Rial, or J- Part of the little Pataque, that is 29 Al'pers ; the taroube is half a Temin or 14^^ Afpers. The common Algier Quintal is 1331b. of Marfcilles, or io61b. de Marc; the Pound is generally ccmpofed of 16 Ounces, except in weighing Chocolate, lea, and fimilar Commodities, when it is oidy 14 Ounces; the Pound of Dates, Raifms, &c. is 27 Ounces. The Meafure for Woollens and Linens is the Turkey Pic, of whicii 2 make i Aune and 2 Inche>s Paris Meafure; but Gold and Silver Stuffs and Silks are fold by the Mcrcjco Pic, three of which only make 24- of that of Turkey. 1 hough a conliderahle Trade is carried on to the prodigious extenfivc Coafts of AJrick, and though thcle are peopled by numerous different Nations, yet Coins are unknown among them, and all their commercial Tranlactions are carried on by Way of Barter, they having no other Money in Life, than fomc Shells tor the Purchafc of Imall Matters, in moft Places ; and in yllyj/inia, or the Empire of Prejier 'John, fome Bits of Rock Salt only; lb diat this great Part of the World 5 affords O F C O I N S. 6?(r. • rtftords nie nothing to remark on the Subjccfl I am at prefent eiis^igjd in, till we come to the Ille of M.idagafcar ; where, though Money is ufelcfs, yet thcv have Ibme Weights, tliough only for Gold and Silver, and the biggeft of thefe not exceeding a Dnigme, or the Gros, they have no Notion of (3unces or Pounds, nor Terms in which to exprefs them. The Gros is here called Sompi ; the De- ini-gros, Vi>ri\ the Scruple or Pennyweight Sacare j the Demi Scruple or Obu- \cy Ntuiqii'r, the fix Grains Mwy?/t*j the Grain unnamed among them. And all other Merchandize are exchanged according to their Value, and not Weight. They have likewife here long Mcafurcs, and thofe of Continence, the latter like Biidicls are called Trouhahouachc, or Moiicha, that hold fix Pounds of hufked Rice. The Vonk, not containing above half a Pound, and the Zatou, with which un- hufked Rice is meafuivd, and contains loo Voides, being near 25 Pounds; the" have but one long Meafure called Rcfe, which is very near an "European Brad'e, and they are not unacquainted with the Span, but open their Hand to de- fcrihc it, I fhould here have proceeded to defcribe the Weights, Meafures, and Coins of Afiii, ficc, as they are in \}{c at every Place, hut as this would occalion Repetitions, I (hall give them alphabetically to avoid fwelling this Article unncccflarily. Abagi or Ahajjia is a Perjiari Silver Coin, worth 2 Mamoudis or 4 Chayes ; the Chaye reckoned to be equal in Value to a Trifle more than 4 Sols, 6 Deniers of France, fo that the Abagi is 18 Sols. This Specie is current through all Pcrjia; and at Teflis and in all Georgia, it is worth 22 Sols Tcurnois ; 4 Chaouris, or Sains, make here an Abagi j i Ufaltou, a half Abagi or 2 Chaouris; 40 AfpersorCar- bequis make alfo an Abagi, and the Venetian Sequin is worth fix Abagis and three Chaouris. Ahas, a Perfuin Weight for Pearls, being \ lighter than the European Carat. Abucco, Abocco, or Acochi, a Weight ufed in the Kingdom of Pf^?/, confifting of i2f Teccalis ; 2 Abuccos make the Agito or Gizo; 2 Gizos make i Demi- Biza, and the Biza weighs 100 Teccalis, about 2lb. 5 Ounces of the heavy, and 31b. 9 Ounces of the light Weight of Venice. Acre, or Lacre, an InJia Money. Alm.nc an Indian Weight of about 2lb. ferving to weigh Saffron in many Parts on that Coaft. Arah, an imaginary Money in the States of the Grand Mogul, particularly at Amadabath, of which 4 make i Cron ; a Crou worth 100 Lacks or Laques ; and the Lac 100,000 Roupies, or Rupees. Paat, in Siameje, and Tical in Chine fe, is both a Weight and Coin current in the two Empires ; the Weight is 4 Mayons, in Siamefe Seling, the Mixyon 2 Fouangs, the I'^ouang 4 Paycs, and the Pave 2 Clams ; here are alfo Sompayes, in Value r of a Fouang. AH thefe Weights are alfo Coins, or at leaft Bits of Silver that pal's 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 J,- Livres Towrnow, 1332 Sols and 4 Deniers that Money, as it weighs near -i- an Ounce. liahar, Hahaire, or Barre, is a Weight ufed at Ternate, Malacca, Achem, and feverul other I'lacesin the Eajl-Jndies. There are twoiorts of them, the one called the great Biihar, and the other the little one. By the firft Pepper and all other Spice is weighed j it is compol'ed of 200 Catis j the Catis of 26 Taels, or jSf Ountes Vortugueje, each Tael being reckoned i \ Ounce that Weight ; fo that tiie /:i~rf^;r is 55>jlb. oi Portugal, or 4811b. 4 Ounces of frfm, Strajhourg, Am- Jierdam, ficc. The fniall Bahar, by which is weighed Quickfilver, Vermil- lion, Silk, 6cc. alio conlills of 200 Catis, but each Catis is only 22 Taels, or 32'' Ounces Portugtieje ; fo that this Bahar only makes 4581b. 13 Ounces of Portu- gal, and thefe near 4011b. 7 Ounces of Paris, The Bahir of China is 300 Catis but thefe only make 200 of Malacca, each Chineje Catis containing no more than 16 Taels, one of which weighs i^ Pieces I and conlilts of 1 o Mafmace or Mules, and each Mas 10 Condorins. The Bahir oi Mocha in Arabia, weighs 4201b. containing 15 Traffcls, thcTraflcl loMauns, the Maun 40 Tuckca, and die Tackca i o Cofitla. 931 h Barutb 932 GENERAL COMMERCE OF THE WOULD. Bartilh, an Indian Meafurc containing 17 Ciantans, tliat is ^o to 56ib. of Pepper, rt/r/V Weight, of 16 Ounces to the Pound, io th.it the (Jaiit.in oui;lu to hold near 31b. Dajaruco, a finall Indian Qohy of two Sorts, the one termed good and the other bad, which latter are t lefs thaji the other ; 3 good Balaruco^ make two Purtw.^utje Reas, 15 a Vintain, and 375 a Pardao-xerafin . Batman, a Per/ian Weight, of which iherc are two Sorts, the one called Batman de Cahi, being the King's. Weight, and theoth^r the Batman de Tauris, from tlic Name of a principal City in Pcrjia-, that of Cahi Itirvcs to weigh as well the Nc- ccffarics of Life, as the Loads of the Beads of Burden. It weigiits 1 2 ;lb. of Pm-js, of 16 Ounces. That of Tauris only ufcd in Affairs of Trade weighs 6|lb. orlialf of the other, though by fome it is fuppofed only to weigh 5U1. and 14. Ounces, at which Computation it conlifts of 6 Rattles, c;xch a Trifle lels than a Pari/ian Pound; the Derhem or Dragiie, which is the fifth Part of a Pound; the Mdcvil -J^ of a Derhem ; the Dung of the 6th Part of a Mefcal, and is equal to 6 Grains, Carat Weight; and the Barley Corn, which is ^ of the Dung; bclides which Di- vifions the Perjians have that of the Vakic, about a Frciub Ounce, and the Sahcheray, confiftingof 1170 Derhem. Bij'orch, a current Coin of Ormus, very rear in Value with the Liards o?Frar.cf„ 10 of them make i Pais; 4 Pais i Soudis; 10 Pais i Chay, with four Dutt:b Stivers; 20 Pais i Mamoudi; 2 Mamoudis i Abbaffi; 25 Pays i Larin ; 5 La- rins the Real orRixdoUar; and 100 Mamoudis i Toman. They reckon in Or- mus by Tomans, the fame as in Holland by Livrcs de Gros. Biis, both a Weight and Meafure ufed on the Coaft of Coromandel in the Ea/I^ It is the V of the Maun containing 5 Ccers, and i Cccr, 24 Tol. See Indies Maun Bifa, Biza, or Ducat. Biza or Merchandize; it Bize, is a Money of Pegu, with the fame Currency •as a h.alf Piza is alio a Weight in the liune Kingdom for weighing of is about 2lb. 5 oz. heavy weight of Venice, or jlb. ^ oz. the futtle or light Weight of that City; it likewife weighs 100 Tecalis ; befides this the fmalleft Weights are the Abucco, weighing 12 t Tecalis; the Agito, weighing 2 Abocchis, and 2 Agiti the Demi-Biza, that is 50 Tecalis. Bijii, a fmall Perjian Money, which fome good Authors place among the current Silver Coins of Perjia, and mal:e it worth i Sol, 4 or 6 Deniers Tournois; but others probably more credible, and among them Sir 'John Cbardin, only reckon the Bifli as an imaginary Coin; it is true, they call it Dinar-Bifti, which they make to be worth jo finglc Dinars; fo that on this Footing, of 10,000 fingle Di- naries that go to a Toman, another imaginary Specie, there muft be only 1000 of thofe callni Bifti. Cabeer, a Money iifcd for Accounts at Mocha, of which 80 are reckoned to a French Crown. Canan, a liquid Meafure of the Kingdom of Siam, which the Porttiguefe call Choup; it contains near a Pot, or near 2 Pints oi Paris ^ of the Canar. is called Leing, the fame as the French Chopinc. Candul, or Bandile, a Meafure of Continence ufed in India, at Ci.imbaya and Bengal, for Rice and other Grain; it contains 14 Boilfcaux, and weighs near 5001b. and the Gauge of Ships is reckoned here by the Candul, as it is by the Ton in EuropCi fo that when it is faid, a VefTel is 400 Candiils Burden, it is to be un- dcrAood ^e can carry 2oo,ooolb. or 100 Tons. It is alfo a Weight ufed in China and at Galangu, of which there are 2 Sorts ; the fmallcfl being 16 Mauns; the other, which is the heaviest, confiUs of 20 Mauns; the 6rft makes 3 Chintals good Weight, and the laft 3 Chintals and 3 Rubis; the Rubis making 32 Rotolis. Cande, Candi, or Condi, a long Meafure ufed in feveral Parts of India, »nd particularly zt Goa, where it correfponds with 17 Dutch Aunes, ^ per Cent. bigger than the Aunes of Babel and Bajfora; and 6^ more than the Varre, or Aune of Ormus; Silks and Woollens are meaiured by the Varre, but Linens by the Candoj which Meafure in the Kingdom oi Pegu is equal to the Aunc of Venice. I , . 6 Cos, OF c 9 I N s, y.. Qas, Caxa, Cayas, Cache, Cajfe, and Ciifie, is a fmnll Money of Lead, and the SdUm of Copper mixed; its principal Currency is at Bantam, and the Reft of the Ifle of Java, and in fome neighbouring Iflands ; tins Money made at Chlnchm;. 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 ft.ung together; this String, Called a Santa, has 200 Caxas, which afe worth '9 Dcniers; 5 Santas tied in a Bundle, make 1000 Caxas, called a Sapacod, 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, that 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; the latter are thofe I have been fpeaking 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 Caflies of Japan, Cafava, Gafava, or Gazana, is an EaJI-Indiatt Silver Coin, and one of the Roupies current in the Dominions of the Grand Mogul, efpecially at Ama- dabath. Cajbeque, Kabefque, or Cabrfque, is a fmall Copper Coin, only made, and cur- rent in Perfia; it is worth about 6 Deniers Tournois, and the Demi-Cabefque one half. Pul, is the common Name of all Copper Money in Perjia. Cati, Catti, or Katti, is a Chinefe Weight, particularly in Ufe on the Side of Canton, It is divided into 1 6 Taels, each Tael making i Ounce, 2 Gros of France', fo that the Cati is ilb* 40Z. Mark; 100 Catis make a Pic, which is a large Chinefe Weight, like the laolb. o^ Paris, Amjierdam, Strasbourgb, &c. The Cati is alfo the only Weight at Japan -, it is likewife ufed at Batavia, and other Parts oi India, where it is lighter or heavier, according to the Number of Taels it confifts of J for Example, at Java it is worth only 20 Taels, and at Cam- baya 27* Cati is alfo a fmall Weight which the Eaftern Lapidaries ufe, for weighing Emeralds, beihg only 3 Grains. It is likewife an Account Money ufed in Java, and other neighbouring Idands, being near in Value to 1 9 Dutch Guilders, and 1 00,000 Caxes of Java go to the Cati ; Cavan, ufed in fome of the Philippine Iflands, and efpecially at Manilla, for meafuring Rice, and other Corn and Pulfe, containing 50 Spanifi Po'inds of the firft. Chi^e, Shair, 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 fcems certain, thai the L.ti is not a real, but imaginary Specie. The Chaye is worth juft 4 Sols, 7 Deniers, and 1 Maille of France. Cheda, a Pewter Coin, made and current m the Kingdom of that Name, ly- ing in the Eajl-Indies, and in the Neighbourhood of the Great Mogul's Domi- nions. There are two Sorts of this Money; the one of an Odtagon, and the other a round Figure; the firft weighing i^ Ounce, and paffes in the Country for thfc Value of two Sols Tournois, although, on the Footing of 14 Sols per Pound of Pewter, it ought not to be worth more than 1 Sol and 3 Deniers. The round Cheda worth 4 Deniers, has 80 Cawries, or Maldivian Shells given for it ; both arc received in the Kingdom of Pera, of which the King of Cheda is alfo Mafter. Cherajis, or tela, arc Golden Medals ftamped in Perfia, erroneoufly fuppofed 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. Cheray, or Chahy, a Perfan Weight ufed in Trade; that is what is other- wife called the civil or common Weight, and is double that named the legal Weight. Cberif, a fmall Gold Coin made current in Egypt, worth about 4J. Sterling. ^1 C/ow, a fmall Weight, and imaginary Coin of 6Vd/A. .. m it I ,ln*-3J 'i ib.A ;.;;;^' II £ Cobile 934 GENERAL COMMERCE OF THE WORLD. CohiU, Coin, or Coiuh; a long Meafure ufed in feveral Parts of India, being unequal and viirying as the Aune docs in Europe. At Surat, Monf. Tavernier makes it 2 Feet and 16 Lines, King's Meafure, and it is divided into 24 Tafots, each Tafot a Tnrie more than an Inch. Cokein, an imaginary Specie, ufed in Japan, in Accounts, like the Piftole in many Parts of Europe, being in Vsluc about lo Livres Carolus of the Low Countries. Coffila, a Weight of Mocha. Co/ji, a large dry iVleal'ure ufed in tlie Kingdom of Siam, for Corn, C^c. It con- tains 40 Seftes, and the Sefte 40 Satsj lb that reckoning the Sat at a Trifle more than 31b. Marc, and the Scfte 100 Catis, or 1251b. that Weight, the Cohi muft vei^h exadly jooolb. Coiang both a Weight and Meafure of Cambaye in tlic Eajl-Indies, of which 5 make a Laft. CcmmaJ/e, or ConniuiU'e, a fmall Money current at Mocha, and the only one made there; it has no fixed Value, but is dependent on the Governor's Caprice for it 5 60 Commallls and 80 Cavcers, or Cabeers, in which Accounts arc kept, make a French Crown. Compaii, a Silver Money current in feveral Parts of India, particularly at Patane : It is worth about 9 Sols, French Money, though it rifes and falls j and is near the fame in Value and Alloy with the Mainoudi of Cainbayc. Condoriti, a Sort of fmall Weight, which the Chinefe, efpecially thofe of Can- ton, ufe for weighing the Silver received and paid in Trade; it is worth about 3 Farthings Sterling, 10 of them make i Mace, and 10 Mace i Talc, or Tael. Conduri m Malayan, or Laga in the Japan Language, is a fcarlct Bean witli a black Spot on its iide, which thofe two People ufe for weighing Gold and Silver. Ccnodis, a fmall Coin iiled at Gaa, and in all the Kingdom of Cochin. Cotta, a Sort of a Meafure ufed in x\k Maldives, for meafuring of Cauris, or Cowries, a fmall Shell that ferves as Money in fome Parts of y^/(?, and the greateft Part of the Coall oi' JJrick; it contains 12000 of thofe Shells. Couit, called alfo Guz, a Sort of Aune ufed at Mocha, for meafuring Linens and iilks, of about 24 Inches long. Cotipaiit, an oval Piece of Silver or Gold of Japan of various Sizes. The Big- geft of the Gold ones weigh i| Ounce, which at 63 Shillint;s Sterling /)ir Ounce come to 1;/. los. 3//. others about J- as big both in Size and Weigiit, are worth 1/. if)s. gd. The Silver weigh about 7.*- Penny-weights, and all thefc Pieces an: not properly Coin, but are taken by Weight as fuch. Coupan is aUb a fmall Weight ufed in the Ille of Borneo, for weighing Dia- monds, 10 of them making between 30 and 40 Carats. Couron, more properly a Sum, than any particular Species of Money, beijig ufed at the Court of the Grand Mogul to exprci's the great Sums in the Finances of that Sovereign, near the fame as in France, and other European Courts, where thefc are reckoned by Millions. It has been falfely called by Monf. Savari, Courourc, Courou, and Crou, for its proper Exprelibn is Couron, being in Accounts 10 Millions of Rupees, or 100 Lakes, or Lacks, the Lack making 100,000 Rupees; 100 Courons make one Padan, and 100 Padans one Nil, though thelc two laft run up fo high as to be almoft out of Ufe. 1 There was never an Occalion to have ,the Value of Courons fo well known or conlidered cither in Europe or yJJia, like the Occurrence at the Beginning of 1739, by the rapid and unheard-of Expedition of the famous Thamas Kouli- Kan, Srhach-Nadir of Perjia, againft the City of Dehly, Capital of the Great Mogul's Dominions, of which an exad Relation arrived to us in 1740, by Way cf Conjiantinople, and made the Booty taken there amoiuit to 1 1 1 Courons, which, valuing the Rupee at 3 French Livres, or 30 Dutch Stivers, makes 3330 Millions of Livres Tournois, or 1665 Millions of Guilders; a Sum and Capture la immenfe, as to ftand unexampled iii Hiflory; and what makes it the more fur- pnzing is, that almofl all thel'e Riches were taken in the City of Debly only. And the laft would feeni incredible, if it was not known, that the Silks, Cot- tons, and other Goods, the Manufadturcs and Growth of this vaft Empire, at- trai't and bring in here Plate from moft Parts, both of AJia and Europe, by the many Ships tiiat come yearly to purchafe tlieir Ladings with tlus Metal, In- dolian / F C O I N S, 6f;. doftan being an Abyfs for it, where all that which America yields is fooncr or later fwallowed up by falling into the (lands either of the Prince or his Rajas, who never let the Value of a Shilling return. Thamas Kouli-Kan having reftored the Empire he had conquered to the Mogul, impofed on him, by the Treaty, an annual Tribute of 3 Couruns, or 30,000,000 of Rupees; which I fuppofc he has been able to fliake off fince the Troubles in Perjia. I hope this little Hiftory will not be difagreeable to my Reader, to whom I have been tempted to ofler it, by the extraordinary and uncommon Circumftances of the Affair, and under the Suppofition that fo pundtual a Detail of it may not have fallen into every one's Hand. Daezajie, a Silver Coin, current in Pcrfia, being worth 5 Maimoudisj and 2 of tliem make tiie Hafaer Denarie. Dank or Danek, a fmall Silver Coin current in Perfia, and fome Places oi Ara- bia J it weights \ of a Dragme, and has its correfpondent Value. Dank is alfo a fmall Weight uled by the Arabians, for precious Stones, and Drugs employed in mcdii-inal Compolitions; it is \- Part of the Arabian Dragme, or 8 French Grains. Dirf.icm, a fmall Perfian Weight 4 of a Pound. Dinar, a Pvrjian Word, fignifying fomctimes all Sorts of Gold Coins, and at other Times a fmall imaginary Specie, worth i Denier. Dinar Cbcray, a Pajian 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 leparate from their Coins, though this is only to be underftood of the Silver ones, Gold having no Currency here as Money, but is bought and fold as a Merchaiuiize, and is worth twelve times as much as Silver. The Weights of Hiam, that have the fame Name with their Money, arc the Cali or Schaiig, the Mayon or Seling, the Foiian, Sompaye, Paye, and the Clam. Doudou is a Copper Money, current in fome Parts of the Eaft, particularly at Suratte and Pontiiberry; it is worth a Trifle lefs than 2 French Liards, lb that there go 14 to the Gold Fanon of thofe Places, or about 6 Sols ?o«r«ow; and I Doudou is worth 2 Caches. Dung, a fmall Perfian Weight, ^oi 3. Mefcal, and of which about 3600 go to the finall Batman of Perjia, called the Batman of 'fauris, and near 7200 to the great, or King's Batman. Befides the Dung, here is the Grain of Barley, reckoned •^ of it, fo that the Batman of Taiiris confifts of near 14,400 Grains 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 Weiglu ufed at Goa, and fome other Places in the Eajl-Indics, for weighing Rubies, being 2 Venetian Carats. Fancn, 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 Gold and Silver; the former not the fame in all Places, either in Goodnefs or Weight, which makes a great Difference in their Value: I'he hcaviefl: are not wortli above ^d. to ^\d. Sterling, and the lighteft little rtiore than 5 Farthings; they weigh feven Grains, but the Gold is of fo bafe an Alloy, that 22 of them hardly make half a Crown; thefe are made at Aj'em; and thofc of Pegu are of tlie fame Weight, but being of a better Standard, 15 are equal in Value to the aforefiid 22. There are likevvife Golden Fanons at Ponticberry, wortli about 3 [rt'. 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 not worth at moft above zd. Sterling, 20 of them going to the Pardo, a Portuguefe Money made at Goa. Faratelle, a Weight made Ufe of in Ibme Parts of India, equal to alb. of Lij'~ ban, of 140Z. Marc, or i| of Paris. Fayalle, an imaginary Coin, valued by fome as the Pillole of France, 'viz, 10 Livrcs, and by others J2y Livres; which Difference apparently proceeds from the firfl: Valuation being made on the French Livre of 20 Sous, and the other on thr Livre or Guilder of Holland, worth 25 Sous. Forle, or Fulle, a Copper Coin, made and current in Egypt, it is alfo called Bulbe or Bulba, this Specie is about the Size of a French Double, thougii a little 2 thicker 93S 936 GF.NERAL COMMERCE OF THK WORLD. thicker, and is worth a Liard, or 3 Dcniers that Money : Eight Foiles make a Mcidin, and there arc half Forhs ; the Turks call it Mangour. Fouang, or Foang. Vide Baat. Fun, called u Money by Gemelli, an Itnlian, the only one that fpeaks of it, though he leaves its Value and Metal unexplained. The Journal of the Siciir Lnngc to the Court oi China in 1721, fay^, XncChincft Weights arc diivdcd into I.aeti, •fzin, and Fun, of which 10 Tzins make a Lacn, and lo Funs a Tzin. A Lacn of China has fomething more in Silver than the Rujfinn Rouble. 16 Lacns make i Gin, which a little exceeds the Dtitc' Pound of 16 Ounces. 4 Funs make near 30 ZfchofTcs, or Tizuns, a fmall Brafs Coin. One Lacn of the fined Silver is accordin'f to its juft Value, worth 1000 Zlchoffes. The Price of tins Money is commonly fo fuhjedt to vary, that it regularly rifes and falls weekly; and froiii what is faid above, we may rcafon.ibly conclude that tlie Laen is tbc fiinie as is called by fomc the Laem, explained to be a Piece of Silver paflim; by VVei^'ht, and called by the Portugucjl' Tael. (ialh, a Silver Money of the Kingdom of Cw/'Oiw, m thcF.aJi-Indl.'s, W(.ii;bi;iii; I Mace, q Condorins Cbinefe. Its Standard was once 80 Tocques, but 111 llic Year 171 8 it fell to 60. GiiAliin, a M-'cight ufed at Bantrjn in the Iflc of Java, and fomc other Parts of the Eq/l-hidics, weighing near 3 Dutch Pounds. Gantitn is alfo a Meafure for Pepper, containing cxaftly ■^Ib. /''/(/(■ U.unith. Nic. wfl/.v>iay5. It is 15^ lb. for wcigliing Indigo at iSVaj/'/c', aim l>ut ■^4,'ih. at ylmadaluit. It is;/) 'lb. on the Sales of Camphirc, Spice, Tea, dry Fulfc, or Wheat, Siimipan Wood, i^c. btit at Amatiabat tiie Maun iii Rc.'ud of tlicfc Goods, is 38;lb. It is -^Hlb. for Caci.u, and 401b. for Alla-I'a-tula. At Hcngal the Maun is 40 t'cirs, ai;u weighs 641!'.. for Spice, and ()6\^. for Pcvvtcr, Copper, Qviickiiiver, l.ii.id, ahd m("vi;« and in the Neighbourhood of Trfww.- It weighs i2lb. or a little lefs. Man-Surats, this Word conflrued is, Hitnide Weights, of forty Ceirs. Vide Maun. Marco, a Weight ufcd at Gca, of 8 Ounces Portuguefc, that is a Demi Rotoli. Mas, or Mace, a Sort of fmall Weight uled in Chiiui, clpccialiy on the Side of Canton, for weighing Silver. /^/j. -i . .i.j ... . . - 'i> w -iv.r.iaO : i vf .'Mijwltoun, .•,ti;:J ■• l I : F COINS. tic. ' .i ■ 93?- of"l*hn>.,kcal»™. '""'S ;„,,■,„„, is ov,l, norly p,.oda, ' ;/. "' ,^^ .iv.k\c carried o;, ihcic; y^^ 'J^ ^^_ (;,,,,,, of the l:unc. only one m Ulc in tne i^ ^^^^.^ ^^ ^j,,,,, ,^t " ; ' j- f^^ tlic laiuc Va- j!^ '^f ,^:i;;; Ut^^^ti^^of tiKcou.,.y. -^-^.d^jj^ ,u,,„uihaicv«. to 'S-. ",:i rii,a':; no Mono, »,™«-" y,-™ at u.", :- . , , i<,,.aK)s. .md Ibmc lay thcie art: .. I awns : there arc allc '. and , U^ ^^^j^terfeitcd thaa this. ^1,0 »-e "»!*>''' '%"S°,,el''^16iy only W .>«';"=•,, ,,„ o„ly Spccte of 'articulars only 16,-. ^ . jg a f:^^aU Copper *"^;'"' '"Ilit'is wrote by Ibme. PVn- gal, 39 %o\sTournois, thofe of Suratte 34, and thofc of Madras 33, all of the new ones, thofe called Arcates, and the laft retch. The new ones are round, and many of the old ones fquare, though they are both of the fame Weieht ; and befide« thele Diftindions of new and old, the Indians make the other five abovementioned ; and it may in general be remarked, that all thefe Sorts are in higher Value at the Places of their Make than elfewhere j and that the new are always worth more than the old i the Reafon of which Difference proceeds from the Love the Natives have of Silver, which induces them for its Prefervation to hide it carefully in the Earth, as foon as they get a few Rupees together. To prevent which Diforder, that drains the Countries where it is praAif^ of their current Species, the governing Prince and Rajas flamp new ones annually, with an Augmentation in Value, without any Incteafe of Weight, and thcfe confe^uently grow diminiihing in Worth a:; they a grow OF COINS, l}t. llTHW old. The Silver Ru|>cc is tlic mod current Money in Trndc, both «f .?«/- raltf ind Binynl -, l)iit on tlic C'oiUl of CiromauJcl, the Gold I'agodcs, worth a Rixdollars or t,\ FUiptcs, aic the moll in Ulc. It is from the Mn./nis Rupee th;it tlic Value of all others is proportioned, and that varies accorJini; as certain C'irtunillantes occur j and thifc ditfercnt Sorts of Kupccs have not an cipial Currency in every Place, as may he fcen hy the above Valuation of them. The Rupee ulLd in Accounts is only an imaginary Specie, as Well at Sunittc as Hrngj/, to which the Value of the old Rupee is often reduced, ond is worth ,', Icl's tlian that of MuJrus. All Sorts of Rupees are divided into i. Ihiallcr Monev, called Ana, of which i6 go to the Rupee ; hut it inuft be ohferved that the Ara is worth more or kis in l'r(jportion to tlie Value of that Kiml of Rupee of which it is a Part. Some Anas are made at MaJras, but fo few that they art rarely I'rcn to pals, fo tiiai this Specie is rather a reckoning Money thin a cur- rent one. The linalleft Coin, anil that in grcateft Ule, among thecommoii People, ond in the Markets, are the Cowries, 80 of which are counted a Pouni, according to the Cuflom of Jii-ii^ii/ -, (u that a Rupee is divided into Anas, Pounii, and Cowries, according to which the following is the Value of all Rupees as they palled at Dtngj/ in 1726. 94 1 The Rupee of Madnis was worth The Sikc, or Sicca Rupee The Rupee, An. ate The Rupee, Petch The Current, or Old Rupee 38 Pounis, or 30+0 Cowries, VA . 3'6o 37 2960 ■. ■ ' 36 1' 2920 34 272" Befides which there are yet two other Species of Money in Accounts, called thd Heys and Ciandan, the tirll worth 95 Cowries, and the other 4. The current Rupee is that ufcd in the Revenues of the (.ireat Mayil, and was in 1726 and 1727, worth 1', iJ:<'r Larin j the Europeans call them Golden Seraphin. Scberi/', othcrwife called Sultanin, and very commonly Sequin j it is a Gold Coin current in all the Grand Signor's Dominions, though it is hardly ever made at any Place but Cairo, and is the only Cold Specie ftruck in Turkey. ' -^ II G ^ ' ■ ■ Sekuite 6 % •■'> :">.;^'>b'iiiy/Al* 54* GENERAL COMMERCE OF THE WORLD. Schuite cniers Taurnois; 16 of them make i Fanan, which is a fmall Piece of GoHworthS Trtuch Sols. Tela, a Sort of Money, or rather a Gold Medal flruck by every King of Perfa at his coming to the CroWn, which are diltribnted among the People ; they arfe in Weight like the German Gold Ducat, but have no Currency in Trade, rioi- among the Merchants. Teman, a liquid Meafure ufed at Mocha in Arabia Felix, containing 1 Mttmcedas. Tibofe, an h\aji-lndian Coin, being one of the Rupees current in the States of the Grand Mogul, and worth double the Gafana Rupee. Tol, this is the fmalleft Weight and Meafure ufed on the Ccaft of Coromandel, of ' ' :h 24 make a Ceer j 5 Ceer the Biis ; 8 Biis the Maun; and i>. MatmS the « -.inc', which is the heaviefl Weight in this Part oi India. Tomant by fome called Tumein, is an Account Money ufed by thfc Pvrjiant '.' keepi.ng their ^ooks, artd to facilitate the Redudion of large Surtis in Paymeritaf. i, iS tompofeuof 50 Abaflis, or 100 Mamoudis, or 200 Chiiycs, or lo.ooci Dinars, being near 43, or 46 French Livres, valuing the Abafii at 18 Sols and 6Demers'; the Mamoudi for j Sols, 3 Deniers j the Chayc 4 Sols, 6 Dcnicrs, and i Maille'; and the Dinar for the Denier Tournois. The Toman is alfo a Weight iifed in Perfa for weighing Money, whicih in large Payfncnts is alw^s received in this Manner and never counted j the Tomah weighs 50 Abafli. ' ' ' '*- f-; ;"'-"-• ; ' Toque, a Sort of reckoning Money ufed at J.-v'-r, and fome other 'PartV of the Jlfrtcaii Coaft, where the Bougesor Cowries arc current j one Tocfuc of Boiigteis ' fo of thofe Shells > and5 Bo'jges make i Gallinc. % Troubabouache compofed of 40 ( U-iiii. O t W E i G H T Sv et. , , , ; i ; weigh 9 Vajs and ^^ o ^^j^^ ^^a, mhabitants of Madagafcan weighing near h»'f « O'S «re ufrf. only for ""fSfw;^?!" Wi"? *"' Z^cii^/, a fmall Silver Mon y ^ ^^ ^^ ^^^^^ p^^^^^ cfth. V' ^""""=4', ;iG.6»». '■"''•=*r,fcrtataiot W* pt where '•\S"»a*'Den^r,for.PounaS«r..g. 94S .,j ,,,. ro^'iiV'v• \. il it amod^b-n . ' .zf: •j I ;;>^:.ri - > :^ J!.'*! , '■-..-- L l; .1 , ;'• .... t'l; ,l^jU...^-, .U.'f ,f('j:^ : u' ii , -n. V . ■■r,i : ,.>^*»., - 4iV.» '-' 6^ tH£ CUSTOMS, e,. 94S 0/th Customs; of their Adminijlration^ and of Cuftom- Houfe Officers. f^USfOMS are properly the Tribute or Toll paid by Merchants to the '-' King, for carrying Merchandize out, or bringing it in j or in other Words Duties, payable to the Crown, for Goods exported and imported ; and thefe arc due to every Prince or State, both of common 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 laden : Though in England, the Prince's Power is more reftrained than in arbitary and defpotic Governments, as he can lay no Impofition on any Sort of Merchan- dife, though never fo fuperfluous or unneceflliry, whether native or foreign, or upon Merchants, Strangers, or Denizens, by his abfolute Power ; without AfTent of Parliament, either in Time of War, or under the greateft Necefliy or Prcf- fures that maybe. Ctijtoms are fatisfied in different Manners, according to the various Ufages of the feveral Countries where they are levied; 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 Laws, Conftitutions, and Proceedings ufed in all Kingdoms refpedtively, whereby they are fecured and defended in their Traffick and Commerce ; for by Non-obfervance thereof they expofe themfelves to the Rifque of Mulds, Fines, Lofs, and Forfeiture of their Goods and Ships. The Word Cujloms comprehends Magna & Antiqua Cuftuma, payable but oiDyer 165. bur own native Comiii' dities j as for Wool, Woolfells, and Leather j and Parva Cuftuma, which are C alloms payable by Merchants, both Strangers and Denizens, •which began in the Reign of Edw. L when the Parliament granted him three Pence in the Pound, on all Merchandizes exported and imported. But that which is granted by Parliament, is properly called a Subfidy j and is i Nitf. Abr. fometimes granted to the King for Life, of which there are feveral Sorts ; as ?*•''• S'** 'Toanage, a Duty granted out of every Ton of Wine imported, which was firft granted by Parliament to Edw. 111. and Poundage, a Subiidy granted for all Goods exported and imported, except Wines, &c. and is ufually the twentieth Part of the Value of the Goods, or twelve Pence in the Pound j and this was firft given to Hen. VI. for Life. In the Reign of Ediv. Ill; the greater Charter for free Traffick was confirmedi t Inft. ««, and Anno 6 Edw. III. it was enatted, that no new Cujloms could be levied, nor ancient increafcd, but by Authority of Parliament. In the fubfequent Reigns, feveral other Duties were laid on foreign Goods and Merchandize, and the abovementioned of Tonnage and Poundage, granted by 12 Car. II. for Life to that Prince, have been continued in the fame Manner to his royal Succeflbrs, down to his prefent Majefty King Geo. III. As thefe Duties increafed under every Reign, more particularly^ from the Commencement of the prefent Ccntiiry, owing to the Neceffity of increafing this Branch of the Public Revenue, to provide for the Intereft, or Annuities, annually to be iffued and paid to the public Creditors, on Accountbf an increafing National Debt, which in the prefent Day, we have ktn augmented to an almoft incredible Sum J and alfo to defray other Expcnces of Government, fuch as the civil Lift, ^c. the Mode of collefting tlie Cuftoms, from the Number, and Variety of Denomi- nations of the Duties impofcd by the LegiQature at fundry Times, and appropri- ated to particular Purpofes, became fo intricate and perplexed that the oldeft Merchant in London was unable io calculate the Suiiis he had to pay on the Goods and Merchandizes he either Imported or Exported. Such Alterations likewife, were liable to take Place every bcfiion of Parliumsnt, that no Book of Rates, II H though F't P I .'!'?]• \ OF THE CUSTOMS though many were publiftied, could fcrve as a certain or permanent Guide. Neither could the Merchant go to the Cuftom-Houfc and enter his Goods 'mmediatcly, by paying down the Sum fpccificajly ftated ; but was under the Necefllty to fubmit to injurious Delays, until all the ufual Computations on the old Subfidy, the new Subfidy, the one third Subfidy, the Five fir Cent, additional Fheper Cent, &c. &c. &c. were exa(5Uy and feparately calculated. So that, befides great Anxiety of Mind, the Merchant was obliged to facrifice a great Deal of his own Time, or of that of his Clerks, and was put to much Trouble and Expence. This public Grievance called aloud for Redrcfs : our beft commercial Writers, and all fenfible Foreigners repeatedly complained of the mal-Adminiftratipn of the Britijh Cuftoms; but in vain, no Miniilerliftencd to their friendly Admonitions ; though a confiderable Increafe of Revenue was pointed out as the certain national Advan- tage to be derived from a Reform. At Length, a great Commercial Revolution, a Treaty of Commerce with France, forced upon the Britijh Miniftry, a Meafure which had been unaccountably delayed; though it had been partly arranged, and was intended to be brought forward, towards the Clofe of Lord Aor/A'x Adminiftration. Under the former Mode of regulating the Cufloms it was totally impoffible for the Original Author of Lex Mercatoria or the Editor of the laft Edition, to infcrt any Tabic of Duties, compofed with fuch Accuracy that Merchants might rely upon the Calculations in their refpeftive Commercial Concerns : at prefent, that Difficulty being removed by the Confolidating Aft of 1 787, great Pains have been taken to examine and compare the Books of Rates, fince published j and after expunging a great Number of ufelefs Repetitions, to exhibit as concife a View as the Nature of the Subject would adiiyt, of the Duties on Importation and Exportation j of the Drawbacks, Bounties and other Allowances, as they are eftablifhed by the faid Adt ; and which cannot well Undergo any confiderable Alterations during the exifting Treaty with France, the Term of which will not expire until the Year 1798. The Merchant, by referring to any one or more Articles in the following, corredt Tables, will know for a Certainty what Sums of Money are required for clearing them at the Cuftom-Houfe ; and will be enabled to provide accordingly^ This muft be acknowledged on the Face of it, to be no fmall Advantage, and in Addition to this, they will give hina a more general Knowledge of the Commerce c£ Great-Britain. ,. An Alt War| from at th\ SCHE Annotto, Apples, Apples, Argoil, A(hcs} Pearl-A A(h, th Pearl an Soap, i. ., - • % ^ ri* AND CUSTOM-HOUSE OFFICERS. 947 An Alphabetical Llst or Tablk, of the fundry Goods, Wares, mjc/ Merchandize, Imported mi^, anrf Exported from Great Bkitain; with the Net Duties payable thereon at the CusTOM-HousE, London, ^c. Extracted from the Schedules annexed to the Confolidating A61 of 1 787.0 hi I MPORT. U-H-C-J- fi •".! Duty. lo •■•■J;; o o o o o o o o o AGATES rough, fmall as a Bean, the hundred dozen o Agates, rough, large, the piece Alderncy. Seejerfejr , Ale. See Beer ' '■ ' ' '"' " "' ' Allum, thecwt. - _ . . Amber, the pound - - imported by the E. India Company, lb. Annotto, the pound _ _ _ _ Apples, the bufhel - - Apples, dried, the Buihel - - . Argoil, the cwt. - - - - Afhes ; viz. Pearl-Alhes, the cwt. Afti, the cwf _ _ _ Pearl and PotAflies, made in the Briti(h Col. in America Soap, Weed and Wood Aflies, the cwt. BACON, the cwt. - - , Bacon, from Ireland Balls, viz. Washing Balls, the pound Barilla, the cwt. - - - Bafket-Rods, the Bundle, being three Feet about, at the batid Ba/kets, viz. Hand-Bafkets, the dozen Baft Ropes, the cwt. Battery, the cwt. - - - BeadS;) viz Amber Beads, the pound ■ Cryftal Beads, the thoufand Coral Beads, the pound — r- CJlals Beads j fingle Bugle — .— Jet Beads, the pound - ^ . Beef from Ireland Beer, French, imported diredtly into Great-BrUain, for every 1 00/. of the Value Beer, viz. of Spruce, the Barrel, 32 Gallons Beer of all other Sorts, or Ale, the barrel containing -32 Gallons N. B. All r v.r fibjedl alfo to the Duty of Excife. Bell Metal, »ae r wt. Berries for Dyers' Ufe, not othcrwifc enun^crated, the cwt. - « Beftials : fee Man, IQe of \ ^ Birds, viz. finging Birds, the dozen - ' ' Blacking, the cwt. , - - Bladders, the dozen ,..,-. Books bound, the cwt. > ? Books unbound, thecwt, •« m s, 3 7 I I o 2 3 2 2 2 o 2 3 5 i; 4 o 7 3 3 Drawbacks on Export. 006 ° S 3 I 6 9 1 10 5 2 4 5 o M 3 045 o I c 30 o o o 12 o 068 074 QUO 026 o 17 8 o o i-J 19 3 Q 8 10 o o o o o s. 2 6 I I o o d. 8 I 2 I 3 4 4 o o I o o 4 2 o O II o 4 4 8 8 2 8 2 O II o 060 066 023 o 15 8 9 9. I Botargo, im' m\' i 94* •-" "Os • F THE CUSTOMS. IMPORT / Duty Botargo, the pound - a Bottles of Earth, or Stone, the dozen Bottles of Glafs, viz. ■ ' ■ full or empty, the doz. quarts • — — covered with Wicker, the dozen quarts Bowls, or Buckets of Wood, the dozen Boxes, viz.Neft Boxes, the grofs 144 Nefls, each con- taining eight Boxes - - _ — — Pill Boxes, the grofs, containing 1 2 dozen Neftsj each Neft four Boxes — — Sand Boxes, the grofs 1 44 Boxes Bracelets, or Necklaces of Glafs, the grofs containiiv^ 12 Bundles, or Dickers, each containing ten Neck- laces Brafs-Wire ; fee Wird ^ __ : . Brazil- Wood for Dyers' Ufe ; fee Wood Brazilleto-Wood for Dyers' Ufe j fee Wood Bread or Bifcuit, the cwt. - • Bridges Thread. See Thread Brimftone, the cwt. ' when ufed for making Oil of Vitriol Briftles, viz. draft the dozen pound ' dreft of Mufcovy or RulJia, imported in a foreign Ship, the dozen pound rough or undreft, the dozen pound rough or undreft, of Mufcovy or Rtiffia, impor- o o o o o o o ted in a foreign Ship, the dozen lb. Brooms, viz. Flag-Brooms or Whifk-Brooms,the dozen Bugle, viz. — — Great Bugle, the pound - — — Great Bugle, to be warehoufed, the lb. when taken out of fuch Warehoufe to be ufed in this Kingdom, the pound Bugle, Small or Seed Bugle, the pound Small or Seed Bugle, to be warehoufed.the pound —— when taken out of fuch Warehoufe, to be ulLd in this Kingdom, the pound Bullion, or foreign Coin, Duty-free Bulrufties, the Load, of 63 Bundles Burrs for Mill-Stones, the 100 Butter, the cwt. * ..; • /^ABLP2S, tarred or untarred, fee Cordage ^-^ Cabinet- Ware Turnery, and Mufical Inftruments, French, imported diredly into Gnat-Britain, every 10c/. of the Value thereof. - , Calves' Velves, to make Rennet, the cwt. Candles, viz. of Tallow, the cwt. ■••.i . of Sperma Ceti, the pound — — of Wax, the pound — — of Wax, imported by the Eajl-India Company, the pound Candle-wick, the cwt. Canes, viz. Reed Canes the thoufand — — Walking Canes, the thoufand 10 o I o o o I o I s. a. 4 1 2 4 5 12 o II o o i^ 3 I 41- 4 5 o o o o o o o o o 1 10 6 8 2 9 2 II I 4I I o I o I 2 O 4 1 1 2 o 5 12 I I I 12 II 18 6 7 1 6 7 2 5 5 o 6 o 6 8 4 8 9 a o 6 Drawb.icKi on Export. 003 010 007 o 7 10 o II 3 o I 3 o 3 II 036 O o o o o o. o 6 6 2 2 I I o 6 8 6 6 3 3 1 « 5 II 9 9 c 2 050- I 8 o 099 » 17 3 Canes Canes, Wall pany, the , . Rattai , - Rattai the thoul Cans of W( Capers, th( Cards, viz Carmenia ^ Carpets, > Compar . . of r thcCarp , -of 1 the Car Caiks cm; Catlings, Caviare, Cheefe, i Cherries, Cider, t\ N. B. Coals, tl Cochinei Cocoa- f loiiy ^ of of tatior Wah .ol thee the( Coftee Wa the CofFe fur Com: Copt h: Cop Cor Cor Goi AND CUSTOM-HOUSE OFPICER 949 IMPORT o o o o o o 6 oany, the thoufand ^ v , . JL Rattans, the thoufand ^nj„j,^ Company, , .Rattans, imported by the £-7 the thoufand " , .-, , « - '• Cans of Wood, the dozea ^P^^'v^z' Kying Cards, thedozen Packs ■ • -■ jL'rf&*, confining Uft than 4 V»* f,u«, the Carpet " _ Cherries, Ae cwt. j. „„„, Cider, ihe Ton, ""'""'"S f|' „f BKife. N . B. Sub et» »lfo to tta l>"'y g^^,,, . Coali, the Ch.ader, contaiomg 3" _ ss;Nutfr:fti.=pt"i-°f«">'^"'^^°- ^lu.f:^'f^^§'^Tiifi Colo„; or r.»n- j!"5^°,:;"oth*c::tty. to^ f--^ »^"*°"'" jlL=£-nou. of W.reh;ufo for Home eonfumptron, Coteof;heProa-ceofan-yB..»Co.o.,,ortUntatron in America, i^Q f^^' .u. cwt. " ,. VVarehoufes. the cwt ^^^^^^^ .^^ Warehoufes, - of any other Pwce* *^^ ''^'- . . of fuch Warehoufe for Homc-Con- CofFee taken out ot lucii _ . . , fumption, the cwt. Comfits the pound Copper.' vi^. O^^' ?,^' Spper. Bricks. Rofe Copper _ilunwrought. viz. V-^Plcopper, the cwt. Copper Coin &c. =^"^^^^^^,,^i ^^Utcs. the cwt. — r°:^ ^ght^S^Srs, Rods, or Ingots — reredor.^ifed.thecwt. __ Copperas, green. Cordage, the cwt. Cork, thecwt. containing 12 doz. Corks ready madCi tiic gvu* II I Drawback* on Export. 1 4 9 2 4 8 8 2 4 1 4 3 3 3 6 5 6 5 3 1 o o 6 13 9 13 9 1 3 7 2 o o 076 076 022 o 3 II o 3 II S 3 3 o 13 f o 12 o o I 3 Corn ?<* .'i ,; d -J fh' THE CUSTOMS i .OCj)" ' f ^ IMPORT IM Corn and Grain, 5cV Appkndi.v N". Ill; couiainhig the Reguhitionf for all Species of it; by the AB of Par - liamctit c/'l 791 j not to be found in any Printed Book oi' Kates. Cotton Manufafturcs, including Hofiery, French, impor- ted diredtly into Great-Britain, for every 100/. of the Value thereof N. B. If printed or ftained, fubjcft alfo to a Duty of Excife Cotton ManUfadurcs, not othervvife particularly enume- rated, ordcfcribed, for every 100/. of tlic Value thereof 44 ' Sec Eajl-India Goods Cucumbers Picltlcd, the Gallon Culm, theChalder, containing 36 Buflids Cuttle Bones, the thoufand Cynders, the Chalder, containing 36 Buflicls DIAMONDS, Pearls, Rubies, Emeralds, and all pre- cious Stones and Jewels, except Garnets, Duty-free. Dice, for every Pair Dimity, viz. Plain White Dimity, imported by tlie Eajl-India Company, the Yard And befides, for eveiy 100/. of the Value, according to the Price at which the fame ihall be fold at the Sales of the Eajl-India Company —— If exported to y^/ffl Dimity, if exported to the Britifi Colonics ia America . to any other Places, if the faid Goods {hall have been Pruited, Stained, Painted, or Dyed in this King- dom ■ to any other Parts or Places, without having been Printed or Dyed in this Kingdom Down, the pound - - ■ of Mufcovy or Rujia, imported in a foreign Ship, the pound Drugs, viz. Acacia, the pound ■ Acorus, the pound Adianthum Album, the pound • Adianthum Nigrum, the pound " ■ Agarick, the cwt. Agnus Caftus Seeds, the pound Alkermes Confedlio, the ounce - ..,, ,, Alkermes Syrup, the pound '■ Alkanet Roots, the pound Almonds Bitter, the cwt. " Aloes Hepatica, the pound * ■ Aloes Succotrina, from the Place of its Growth, or by the Eajl-India Company, the })ound from any other Place, the pound J,, - Alum Rock, the cwt. . Alumen Plume, the pound ■ Ambergris, Black or Grey, oz. • Ambra Liquida, the pound - Ameos Seeds, the pound • Amomi Seeds, the pound Anacardium, tlic pounJ Troy Drawbacks Du y on l'.x|)<)rr. /:• s. d. 7. s. d. «■ . .-. . . , .),. , •'•'' ■)■ M, t"* .H} ' *"i , ■i.i1U.'i ' '--. • V* ' •*"•■ ■ '•i ,i|:.r...j, ... „ '•■1 1? ^ . 7 • .■'U'izi .T.l. .-■':■ V 1 -'■ .!;.'» f/:.f;^o;;;, ; 4+ 41 10 9 7;. '5 9 5 1 1 ° 5 3 10 6 ■r'l .,,:;, 12 6 - ■ ' I 6 I 5 10 16 f - 16 10 II 15 16 10 14 10 6 005 7 005 9 006 2 li. 2 j|. i; I 4 8 3 002 8 ^i. I 008 3 002 H 094 6 004 1 2 009 3 6 024 Q 3 020 I 000^ 2 I 4 2 6 I 8 2 li. 2 if 9 006 Angelica AND CUSTOM- HOUSE OFFICERS. J. o 4 o 4 o o 4 o o o o o o o I o o o 2 8 I 8 8 3 8 3 2 3 9 3 3 3 6 3 9 I 8 lo 4 8 -!•.■. : ■•::] IMPOrtt •::',^'- Duty .'* Drugs continued ' -' - Angelica, tlic pound ■» Antimoniuin Ciiulum, tlie cwt. Antimoniuin privparaf'ii~<, or Stibium, the pound Aqua Fortis, the cwt. Argentum SubliinC; or Quickfilver, the pound Ariftolochia, the pound Arlenick White, or Yellow, or Rofalgar, the cwt. Afarum Roots, the pound Alpalatluis, the pound Afsnfa-ticia, from the Place of its Growth, or by the Eajl -India Company, the lb. .. from any other Place, the pound Auricuhc Juda?, the pound Eaccx- Alkekengi, the pound Ifalauftium, the pound - « Balfam Artificial and Natural, the pound - Balfam, viz. Canada Balfam, the pound Balfam Copaiva;, or Copaiba, the pound Barbadocs Tar, the pound Barley Iiullcd. or Pearl Barley, the cwt. Bayberries, the cwt. Bdellium, from the Place of its Growth, or by the Eafl- India Company, the pound . from any other Place, the pound Ben-album, or Rubrum, the pound Benjamin, the pound - • Bezoar Stones, of the Wejl-Indins, at. Troy . imported by the Eajl-India Company Bitumen Judaicum, the pound Black Lead, the cwt. Bolus Communis, or Armoniacus, the cwt. Bolus Verus, or fine Bole, the pound - Borax in Parte or unl-e fined, the pound Borax refined, the pound - Calamus, the pound Cambogium, orGutta Gambx, the pound Camphirc unrefined, from the Place of its Growth, or by the Eajl-India Company, the pound - o o 8 from any other Place, the pound - 020 Camphire refined, from the Place of its Growth, or by the Eajl-India Company, the pound - o — — from any other Place, the pound - o Canf'rocum Oculi, or Crab's Eyes, the pound - o Cantharides, the pound - o Capita Papaverum, the thoufand - o Cardamoms, the pound - -■ o Carlina, the pound _ - o Carpo balfamum, the pound - o Carrabe, or Succinum, the pound - o Carraway Seeds, the cwt. - o Carthamus Seeds, the pound - * o Caffia Buds, the pound - ? , o Caflia Fiftula, the pound - o Caffia Lignca, the pound •. ' o Caftor Oil, the gallon ^ - o £■ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o c o o 2 o 6 3 o o I o o o I o I I o o o o 5 o o o o z 3 9 5 6 9 6 2 8 6 2 3 o 2 6 4 o 6 o 8 9 3 9 3 o 2 4 3 4 o Drawbacks on Export. 95 « /;• o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o s, o o o o o o o o I o o o 6 o o o o o I o 4 2 o o o o o o o I o o o o 3 o o o o I d. 006 002 2 6 2 2 2 o 2 6 oj 2 6 3r 4 6 a l[ 5 4 1: 2 8 4 o o 5:- 014 2^ 4 8 I 6 2 6 2 4 2 2j 4 !I1! \ ! : I Caflor H^ ii 6 P THE CUSTOMS IMPORT 'if Drugs continued ',.." ^ Caftorum, oi- Beaver Cods, the pound Ccrurta, the cwt. - • ^ . Cctrach, the jwund «.< f^- ■ ;* ii . Chainajpitys, the pound -• Chela; Cancrocum, the pound , i i. ''i, .•: ,• J China Root, from the Place of its Growth, or by the Etiji-India Company, the pound — — from any other Place, the pound Cinabrium, or Vermillion, the pound Cinnabaris Nativa, the pound Cipcri Nuccs, the pound Ciperus, the cwt. Citrago, the pound " « Civet, the ounce Troy Coculus India-, from the Place of its Growth, or by tlio Eaft-Indiii Company, the pound — — — from any other Place, the pound Colophonia, the cwt. Coloquintida, from the Place of its Growth, or by the Eajt-India Compa..y, the lb. ' from any other Place, the pound Columba Root, the pound Copperas Blue, the cwt. Copperas White, the cwt. Coral White or Red for phyfical Ufes, in Fragments, the pound Coral whole, unpoliHied, the pound _ Coral whole, polifhed, the pound Coriander Seeds, the cwt. - Cornu Ccrvi Calcinatum, the pound • Cortex Cariophyllorum, the pound -^' *j Cortex Eluthcrix, the cwt. •.. , Cortex Guaiaci, the cwt. Cortex Limonum, vel Aurantiorum, the lb. Cortex Pcruvianus, or Jefuits' Bark, the lb. Cortex Simarouba, the lb. Cortex Tamarifci, the pound Cortex Winteranus, the pound Cortex Dulcis et Amarus, the pound Cowage, the pound Cream of Tartar, the cwt. Cryftal in broken Pieces, the pound ' « Cubebs, the pound Cummin Seeds, the cwt. Cufcutta, the pound Cyclamen, or Panis Porcinus, the pound Daucus Crcticus, the pound Dens Equi Marini, the pound Diagredium, or Scammony, from the Placeof its Growth, or by the Eaji-India Company, the pound from any Place, the pound Diptamus Leaves and Roots, the pound Doronicum, the pound Eborus Rafurs, the pound , * Eleborus, the pound v tt « Drawback* Duty on F.xjjort. >c. /. d. T /. d. o 2 o o I 4 o 7 o o 4 H o 3 o 2 o o 2 o o i: o I o «:- o o 5 3: o I 3 o o 10 o 7 () 4: o I o o o 8 o 2 o o i^ o 7 4 4 1 1 o o o 2 2 o o I 4 5 o Z":- o 1 3 o o 10 o 3 3 2 2 o o 6 o o 4' o 1 6 rt, 953 004 o 12 It o 5t \ 1 •ill 914 OF THE CUSTOMS IMPORT ' Outy Drills continufJ Jiiliip, tlic poittui - • Inccnrc, ur Olibaniiinj Ice Olibanum Ircos, the cwt. - • Ifiiigl.Us, the poiiiul Jujubes, tljc (X)iuid • Juniucr Ucriics, the c wt. Liibdaiuim, ur L.ipadonujn, tiic pniiiid if i«»t imjioitcd diredlly from the Place of its (irowth. tlie pound I^apis Calamiiiaris, the cwt. Lapis Contrayerv.r, the ounce • Lapis II.L'inutitis. x\k |>ound • I.iipis llil)crnicus, tin- cwt. « I.apis Hv.iciiitlii, (lie [unmd I.upi. IiiJ.iicu', tlic pound > Lapis La/idi, ^he pouiui ' - Lapis M.iyi*.ti', tiie pound Lapis N'l-phfiticu,., the pound r^apis OlliocoUa, the pound Lapis Rub ,, the pound, J.apisSajj' .us, the pound • l^apis Sma lus, the pound - ' Lapis S}X): ., the pound - Lapis Top.. ., the pound - Lapis TutiiB, the pound • . " . Lavender Flowers, the pound « ' ' Leaves of Roles, tlic pound Leaves of Violets, or 1' lowers, the pound Lcntilcs, the pound - _ _ Li.jauin Aloe, the pound Lignum Afphaltuni, tiie [lound Lignum Nephriticum, the pound Lignum Rhodium, the cwt. Litharge of (lold, the cwt. Litharge of Silver, the cwt. Lupines, the cwt. Lyntikus, or Xylobalfamum, the pound M.uider Roots, the cwt. See 8 Cieo. I cap. 15 Manna, tiie pound Marmalade, the pound Maftich Red, from the place of its growth, or by the Eaft-India Company, the lb. — - from any other place, the pound V .ftich White, from the place of its growth, or by the Eaft-India Company, the pound — from any other place, the pound Mechoacana, the pound Mercury Precipitate, the pound Sublimate, the pound Millium Solis, the p)und Mirabolanes Condited, from the Place of its Growth, or by the Eajl-Iticiia Company, the pound from any other PKnce the pound Mirabolanes Dry, from the IMacc of its Growth, or by the Ei>J{~I>i<)rt. 006 094 o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o t| 3 3 o o 4 o o o o o o o o o o o o o o o o o o o 4 o o I o o I o o o o o o o o If 2 4 2 4 « 4 ll 2 2 2 2: 2 4 II 4 H 7 7 2 004 o o r, 002 006 4 6 6 il 4 o o oi^ 002 Mithridate Mithridate Motl\cr of I Mutk, the Myrrh, fr InSa Co Myrtle Ucr Nardu* Cc Nitruin, t Nutmeg*^ ' Nux de B< N«x Cupi Nux Indit Mux Von Oil of Al Oil of Al Oleum A Oil of B. Okum <■ Oleum C Oleum ( Oleum .1 Oil of N Oleum I Okum ' Olcun. Oleum Oleum Oil of 1 Oleum Oil of! oleum Oil of Oleunn Oil.vi Orang cnu OUba by Opiu In Orat Otai Orij Orp Pea Pel Pcj Pa P»i Pi P< AND CUSTOM' HOUSE OFFICERS. 955 India Company, the pound from any other place, tlie pound Orange-flower Ointment, the pound Otange-flower Water, the gallon Origanum, the pound Orpiment or Auripigmcntum, the cwt. Pearl bedten, the ounce Troy - Pcliitory, the pound - * Pepper Long, the pound Pseony Seeds, the pound - •» Piilachias, or Nux Pifrachia:, the pound -i if not imported diredlly from the place of its Growth, the pound Pix BurgundijB, or Rhinehurft, the cwt. Polypodium, the pound 3 o o o I IMI'ORT Driizt coithiutJ Mithridate VonelLi-, the | Dimd • Motlicr of i'carl Shells, rutigh, the })onnd Mu(k, the ounce Troy Myrrh, from the pKicc of its CJrowth, or by the /irj//- Inttia Company, the jMuiid - o • from any other pl.ite, tlic pound - o Myrtle Uerrics, the jK)und - o Nardus Celtica, or Spitu Kuui.uia, tiio cwt. - o Nitrum, the pound - - o Nutmegs C'ofiditcd, the pound - o Nux de Ucnne, the pound - o Nux Cuprelli, the pouml - - o Nux Indita, tlie piece - • o Nux Vomica, titc pound - o Oil of Almond.-., the pound • o Oil of Amber, the pound - o Oleum Aniii, the pound » o Oil of Hay, the cwt. - . o Oleum C;iriophyliorum, tlie pound * o Oleum Carui, the pound - o Oleum Cinnamomi, the ounce Troy • o Oleum Juniper!, the pound - o Oil of Mace, the pound - " •- o Oleum Nucis Mufchat;r Liquidum> the lb. <* o Oleum Origani, the pound - o Oleun. I'almie, the cwt. - o Oleum Pctrolium, the pound • o Oleum Khudii, the pound • o Oil of Kolemary, the pound • o Oleum Safliifra-, the pound - o Oil of Spike, the pound - Oleum Thyma.', tlie pound • o Oil of Turpentine, the pound • o Oleum Vitrioli, the pound - o Oil, viz. Chemical Oils notofherwifecnumerated.thepoand o Orange Jeil'ainine, and perfumed Oils, not otherwife enumerated, the pound - o Olibanum or Inccnlc, from the place of its Growth, or by the EiiJi-InJia Company, the cwt. - t ■ from any other place, the cwt. - 3 Opium, from the place of its Growth, or by the Eajl Duty o o o o o o o o o o o o o o J. ./. 1 6 o 4 2 o o I o 9 o I 4 o I o 8 o o o o 6 6 2 4 5 o 10 O 2 O o o o o I 8 a o I o I 2 1 7 o 5 o 1 o 1 o o o a I 1; 3 6 6 9 6 6 6 6 4 o 3 o 3 o 9 o 4 3 «; 7r I 6 t o 3 o 6 6 6 o t I 21 3 o 9 6 4 o t Drawbarkt on l''.x|)<)rt. >i o u u u o o D O O O O o o o o o o o o o o o o o o o o o o o o o I o o aj ' 4 o o o o o o o o o o o I 3 o 1 o 6 o o o o o o o o I o o d o o 4 o 2 3i 7 li 1: o{ I 2 4- o 5 »o I o 1 o a 4 o 4 o It « 4 o 10 4 8 2 4 6 8 a} o 10 o o^ oi o 14 O 2 2 o o 4 8 o o o t 5 »o 4 o'. I 2 006. 042 o o oj Poliura ll Jii< If 9S^ OF TUT. CUSTOMS IMPORT Drugs continued Polium Montanum, tl>e pound f'oniegiunate I'ccls, the cwt. . Poinholix, th*^ poiintl Poppy Seeds, the pound i , - . Prur-Hoes, the pound PfylliuiT), the pound, Rad.x Biftorta;, the cwt. Radix Caflamunair, or Ryfagon, the pound Radix Contrayejrva', tlic pound Radix Enulic CampaniL-, the cwt. Radix Eringii, the pound Radix Efuhf, the pound Radix Ipecacuanha', the pound Radix Mei Athamantici, the pound Radix Phu, the pound Radix Scorcionera, the pound Radix Seneca, the pound Radix Serpentariir, the pound Radix Toriiientilla;, tlic cwt. Red Lead, tlic cwt. Refina Jalapii, the pound Rtfina Scammonii, the pound Rhfibaibaruin, or Rhubarb, the pound Rhinehurft ; fee Pix BurgundiaB Saccharum Satuini, the pound Saffron, the pound ■ ' Sago, the pound Sal Alkali, the pound Sal Afnnioniacum, thecwt.T See 8 Ceo. I. Sal Gem, the cwt. ^ cap. 15. Sal Nitri, the pound Sal Prunella;, the pound Sal £iK.cini, the pound -. - Sa! Tamarifci, the pound St.l Tartar!, the pound ■■■'^ Sal Vitrioli, the pound Sifl Volatile Ammoniaci, the pound S.1I Volatile Cornu Cervi, the pound Salep, or Salop, the pound — — if not imported diredlly from the place Growth, the pound Sandracha. See GumSandrake. Sanguis Draconis, from the place of its Growth, the Ettjl-Jndia Company, the pound — ' fron(i any other place, the pound Sanguis Mirci, tiie pound Sftrfaparilla, the pound SiU'.'.ifras Wood or Roots, the cwt. SalmdCrs Red, the cwt. - See 8 Geo. 1. cap. 15. Saunders White and Yellow, the pound Stommony. See Diagrcdium. '< s;' u st bcincus Marinus, each "'.).;:.'[■ fii <*.-•,, I .St?ordJum, the pound ■ . .SebeftincS', the; pound * :. ! Seeds fgr Gardens, the pound < Drawback* Ji.:-;, ,.• Du ty on Kxpoit. ■ T' ,f. J. /:• s. J. ' ■' ■ , ° M j; -•.;'.■ .ri 4 8 " - 1 '' ] oj. Q 1- 01 3_ 002 ■ '■< ,: T 001. 4 S 3 a ..J . •r 2{." 6 004 6 4 042 i| 001 2I It I 8 I I i: I Ir I 3 002 2 00 i^ 9 006 3 2 021 c 3 8 025 -' . 3 2 021 3 2 021 u I 6 010 3 002 2 6 018 002 6 004 4 8 -> 4 8 ■ 4 2;- 2 Iv I 2 009 I 2 009 . . ■. ' 3 002 ; . 3 002 6 004 6 004 ; of its 3 002 ;. 9 006 , or by 8 5J -« 2 014 o 2 jI 8 si: 2 4 I 7 4 8 r. i ','1 J'i 3 002 1}:,. I c| I O' ,-n j:\ 2 00 1* 9 i[ 01 Seler AND CUSTOM-HOUSE OFFICERS. IMPORT Drugs continued Scler Montanus, the pound Scraea Cucumcris, Cucurb Citrol Melon, lb. Senna, from the Place of its Growth, or by the Eajl' India Company, the pound — — from ?.ny other place, the pound Eperma Ccti, coarfc and oily, the cwt. ■ in Britijh built Ships, duty free See 26 Geo. III. cap. 41, and cap. 50. Sperma Ccti, fine, the pound Spikenard, the pound - ■ ' Spiritus Comu Cervi, the pound Spiritus Vitrioli, the pound Sponge, the pound • it not imported diredlly from the place of its Growth, the pound Squilla, the cwt. Squiiianthum, the pound — if not imported diredlly from the place of its Growth, the pound - ' Staphifiigei , the cwt. - c ! Sijcchajas, the pound - <"■'.'- Storax CaLmita, from the place of its Growth* or by the Eaji-Itidia Company, the pound from any other Place, the pound - . ■ Storax Liquida, the pound ' if not imported diredly from the place of its Growth, the pound - 1. < > .' Succus Liq loritia-, the cwt. -..li . ^a lO . Sulphur Vivum, the cwt. - oj.u , Talc Green, or White, the pound ■ . , Tamarinds, tlie pound - . i.i ^y. Tapioca, the pound - viiS»-i r.-id Ti.»tarum Vitriolatum, the pound •-..•'■i m Terra Japonica, the pound •• / . , ■.«.\ „ Terra Lcmnia, or Sigillata, the pound - '!i Thlafpii 5emen, the pound Tunilkll, the cwt. - - - Treacle, common, the pound Treacle of Venice, the pound Turbith, from the place of its Growth, or by the Eajl- India Company, the pound from any other Place, the pound Turbith Thaplla;, the pound 579 Turmeric, the pound Turpentine, common, the cwt. Turpentine of Venice, Scio, or Cyprus, the lb. Turpentine of Germany, or of any other Place, not othcrwil'e enumerated, the cwt. - Verdigrife, common, the pound - Vcrdigrife, cryftallized, the pound <• Verniih, the cwt. - - . Vil'cus Quercius, the pound VitrioKmi Romanum, the pound >-' it' not imported dirsCtly from the place of its Growth, the pound Umber, the cwt. II L Drawbacks Duty on Exporc. £' J. d. C i. d. i; 001 It 001 6 004 I 6 010 '7 8 II 9 ' .. 1 1-* * ;, ivii; — 8 005^ I 4 II 8 005; I 04. 9 006 2 3 016 2 6 I 8 4 2^ I 008 8 9 5 10 2 p It 9 006 2 3 016 4 24 6 I 008 '.I 8 <.o 6 8 045 -O' 2 li •0 2 I^ Z It 3 002 4 2J- , 6 04 2 it 4 8 4 2| I 6 010 I 008 3 020 5 3i 2 If a 3 016 4 2j 12 9 086 3 I 8 9 5 10 10 007 2 if 6 004 « 4 S ' 2 II Unguis s. o I o I 3 5 6 6 6 6 9jS .;. n . Q F T II E C U S T O M S .- ; I ,!■ " IMPORT J Duty Drugs continued \- £, Unguis Alcis, the i oo hoofs - o White Lead, the cwt. - o Worm Seeds, from the Place of their Growth, oi by the Eaji-Iiidia Company, the pound - o — f- from any other Place, the pound - o Zedoaira, from the Place of its Growth, or by the Eaji-i India Company, the pound - © ■' from any other Place, the pound - o EAST-IN^JA Goods, via. Arrangoes> for every loo/. of the Value thereof, according to the Price at which they Ihall be fold at the public Sales of the Eafi-India Company China Ware, for every loo/i ditto, dkto, ditto. Cotton Manu&dtures, not otherwife defcribed, for every ioq/. ditto, ditto, ditto Cowries, for every loo/. ditto, ditto, ditto Drugs manvfe^tured, not '. otherwife delcribed, for every lOo/. ditto, ditto, ditto Drugs unmandadured, not otherwife defcribed, for every loc/. ditto, ditto, ditto Japanned, or Lacquered Wares, for every lOo/. ditto ditto, ditto Muflios, plain, Naakin Cloth, Muflins or White Cal- licoes, £owered or lAitched, for every loo/. ditto, ditto, dittp 4 I .T .: ,1 r Tea, foreveiy loo/. ditto, ditto, ditto Tea, exported to Ireland, or any of the Britip Colonies in A>neric(K, ditto, ditto, ditto - . « . See 25 .■;. i T'ii:». .•. .. ,■; . .1 Ndcanflcs, Small, the piece . • > i(i. , . ,; ., Nicanees, Large, the piece - - ...v^-. Niganepants, tne piece ► . > . > .- ., Photacs, the piece ■ ' m ~ m Saftra Cundies, the piece •• •• '•.,{- i .,• Tapfeils, the piece - ' ,i.'i».a! Manufaftured Goods, Wares, and Merchandize, iwt -u > otherwife deicribedy for every 100/, ditto, ditto, dittoi - > 37 '^ 3 31 13 4 29 16 47 10 45 5 50 48 10 3« 13 4 29 16 40 38 6 3 31 29 2 6 49 10 47 o 18 ! 10 5 .lii ,;; it.l Drawbacks on Export. /;. s. d. 022 o 211 004 O I o 004 010 o o o o o o o o o o o o o o o o o o o I o 2 o o o o o o o o o o I o I o 7 o 9 o 2 9 7 7 9 9 6 2 7 9 o 9 o 9 36 I 3 Unmanu- Drawbacks Duty on Export. C s. ^. /:• X. d. 28 <; 26 5 7 2 068 17. 2 II 2 3 2; 1 9 9 I 8 3 2 6 3 249 2 12 10 2 8 10 41 16 AND CUSTOM-HOUSE OFFICERS. ( IMPORT Eajl-India Goods continued Unmanufadlured Goods, Wares, and Merchandize, not otherwife dcicribed, for every too/, ditto, ditto, ditto, Earthen Ware, viz. Bricks, the thoufand Flanders Tiles, to fcour with, the thoufand Galley Tiles, the Foot fquare Paving Tiles, not exceeding ten infches fquare, the thoufand Paving Tiles, above 10 inches fquare, 1000 Pan Tiles, the thoufand Earthen Ware, not otherwife enumerated, for every 100/. of the Value thereof French ; fee Porcelain. Ebony ; fee Wood Eels ; fee Fifli. Eggs ; the hundred, contiineilg fix fcore - Elephants' Teeth, the cwt. ■ imported by the EaJl-India Conipany, the cwt. Enamel, the pound ■jpEATHERS, viz. For Beds, the cwt. •*• of Mufcovy or RuJJia, imported in Foreign Ships, the cwt. Oftrich or Eftridge Feathers, dreft, the lb. ■■ undreft, the pound Fins of Whales ; fee Whale Fins Fifh, viz. Anchovies, the barrel, of 16 lbs. Eels, viz. Quick Eels, the Ihip's Lading r Oyfters, the buihel Stochfifh, the 120 - , Sturgeon, the keg Flannel, the yard Flax, viz. dreft, in a Britijh built Ship, the cwt* — — — imported in a Foreign Ship, the cwt. rough, or undreft, imported in a Britijh built o I I o o 6 10 3 6 8 5 5 10 4 I o «» 4 5 I 8 10 021 4 13 6 o o 2 3 o o o o 5 5 6 I 4 7 4 6 8 8 Ship, the cwt. in a Foreign Ship, the cwt. Flax, Irijh, duty free ; Flint Stones, for Potters, the ton Flocks, the cwt. » Frize of Ireland, the yard Fu Tier's Wafte, for making Glue, the cwt. Furs i O 4 10 o 5 I 010 o 8 10 006 050 GARNETS, viz. rough, the pound - 045 imported by the Eaji-India Company, the pound - - 056 . ■ ' Cut, the pound - 0133 . imported by the EaJl-India Company, the pound - - 199 Galls, the cwt. - 045 <;auzes, of all Sorts, Frenrh, imported direftly into Great-Britain, for every 1 go/, of the Value 10 o Glafs, viz. Bottles J fee Bottles. ■ Broken, to be re-manufaftured, the cwt. 013 Glafs, French, imported diredlly into Great -Britain, for every 1 00/. of the Value thereof « 1200 s 36 II e 004 * i 5 I 8 10 016 I 3 5 ^ 3 5 o 7 10 o 3 II o I 10 3 18 6 o I 4 O 2 II 006 4 17 o 4 17 o 047 047 o 7 10 o 3 II o 5 O II o 9 Glafs 959 liR |i I ! 1 ! 960 OF THE CUSTOMS. IMPORT ■1'; .* V. G Duty Glafb Manufadliircs, not otherwifc enumerated, for every 100/. of the Value thereof - 60 N. B. Subjeft alfo to a Duty of Excife. Glover's Clippings, to make Clue, the cwt. ' ' o Glue, the cwt. - o Grain, or Scarlet Powder, the pound - o Grain of Seville, in berries, and Grains oi Portugal, or Rotta, the pound - o Graiiis, viz. Guinea Grains, the pound - o Graves for Dugs, the cwt. - . o ROCERY, viz. Almoiids, viz, Jordan, the cwt. of any other Sort, except bitter Almonds, the cwt. — — — Bitter ; fee Drugs. ^ ,. AnnifecciS, the cwt. Cinnamon, the pound Cloves, the pound Currants, in a Brhijh built Ship, the twt. •• .. in a Foreign Ship, the cwt. Dates, the cwt. Figs, in a Britifi built Ship, the cwt. — — in a Foreign Ship, the cwt. Ginger, of the Britifi Plantations, the cwt. »• ■ not of the Britjjh Plantations, the cwt. Liquorice Powder, the cwt. . Root, the cwt. .' - Mace, the pound ^ * . Nutmegs, the pound Pepper, imported by the Eajl-hidia Company, to be warehoufed, the pound . taken out for home Confumption, the pound Pimento, of the Britijh Plantations, the pound — — — of any other Place, the pound Plumbs Dried, the pound Prunes, the cwt. Raifins of the Sun, imported in a Br;Vy7.» built Ship, the cwt. — imported in a Foreign Ship, the cwt. Smyrna, imported in a Eritijh built Ship, the cwt, -^— — in a Foreign Ship, the cwt. ■ Faro, or Lexia, imported in a BritiJI: built Ship, the cwt. ■ in a Foreign Ship, the cwt. Lipra, or Belvidere, imported in a Britijh built Ship, the cwt. —— In a Foreign Ship, the cwt Denia, and all other Raifins, not otherwife enu- merated, imported in a Britijh built Ship, the cwt. in a Foreign Ship, the cwt. Sugar Candy, Brown, the cwt. ■ imported by the Eajl-lndia Company, the cwt. • White, the cwt. imported by the Eiiji-Indic Company, the cwt. Sugar, vi2. Refined, the cwt. Brown and Mujcovado, not of the Britijh Planta- tions, the cwt. 1 o o I I 2 o I o I 2 I o o o o o o o o o o o o o o o o o o 2 4 4 7 4 I 4 o o o 8 8 8 8 7 7 «S »9 2 8 18 4^ 5 9 4;- 2 O II 263 3 2 4 5 o 8 3 4 4 10 6 3 12 10 13 4 11 o 8 o 12 I 8 10 4 o 2 o o o o o o 12 18 3 :y I " 5 II 8 o I 3 5 I 2 o o 6 6 8 7 2 Drawbacks on Export. /:• s, d. 43 • 3 3 " 7 3r j4 10 2 3 3 I I 8 I I S I 1 2 4 2 S I 9 I 9 3 3 12 u I 12 iO 6 6 2 I II I 8 3 8 1 19 ■ ; . !'. r 2: .0 St 21 8 3 17 6 17 6 10 10 10 10 7 8 7 ^ 7 n 7 " 6 10 6 10 2 10 4 3 7 4 14 IQ 2 ot AND CUSTOM-HOUSE OFFICERS, IMPORT Duty . ' Grocery continued. Sugar, of the 5r/Vj(^ Plantations, the cwt. ^ , ■ White, not of the B;-/>^j Plantations, the cwt. of the Britijh Plantations, the cwt. - White, from any of the Br:ti/b Colonies on the Continent of y^/wwvVfl, to bfe warehoufeii, the cwt. — — — when taken out of fuch Warehoufe, in order to be ufed in this Kingdom, the cwt. -, Gunpowder, viz. cornpowdcr, thecwt. , i ,.^. ; > .; — — ' -Serpentine Powder, thecwt. ••,: .r j HAIR, viz., Camel's, the pound Cow or Ox, or of Elks, the cwt* Goats^ viz. Carmenia Wood, the pound — — — imported by the Eaji-hdia Company, the pound - *., ryio i See 24 Geo. III. Seff, 2. cap. 21. it 1) •;', ; ,^_it, — — Horfe, the pound -*— Human, the pound .,. i,. ,J. .♦.>?.ii ti.r.i. r.-i^.i Hams; fee Bacon. ' - ;• "^ ■; ,,• ,• . ,!• Harp Strings, the grofs, 1 2 dozen knots ■ * ,- ::. Hats, viz. Baft or Straw Hats or Bonnets, each Hat or Bonnet not exceeding 22 Inches in Diameter, the dozen — — exceeding 22 Inches Diameter, the dozen Chip, Cane, or Horfe-hair Hats or Bonnets, each Hat or Bonnet not exceeding 22 Inches in Diameter, the . ^ dozen- — — each exceeding 22 Inches in Diameter, the dozen ■ Made of, or mixed vviUi» felt, hair, wool, or beaver the hat - >. „ Hay, the Load, 36 Trufles, each 561bs. . .:. -1 Heath, for J3ru(lics, thecwt. Hemp, viz. dreit, imported in a Britijh built Ship, the <;wt. - 1 in a Foreign Ship, tlie cwt. «- Hemr, rough or undrell, impoitoditi a Britijb built Sh;^3, thecwt. .w;,: . ,: ; i' in a Foreign Ship, the cwt. ' , j;.. Hemp oi Ireland, or Brityh Plantations in America; Duty free Hides and Skins, and Pieces, tanned, tawed, or drefTed, not otherwife enumerated, for every 100/. of the Value thereof Hides, viz. Cow or Ox, in the Haif, the piece See 9 Geo. HI. cap. 39. and 21 Geo. III. cap. 29* . Cow or Ox, tanrted, the pound Of Horfes, Mares, &c. in the Hair, the piece tanned, the pound — Indian, undrell'ed, the piece Lofli Hid<;s, the pound Of Mufcovy Or Rujjia, tanned, the pound Hones, the 100, containing 5 fcore Honey, tne barrel, containing 42 gallons Hoops otlron, for Calks, thecwt. of Wood, for Coopers, the thoufand Hops, the cwt. Horns of Cows or Oxen, the 106 n M 77 o o D O D O O O O O 5 o s. 12 S 9 I I I o o o o Q 2 o o 2 2 O O 6 <5 o 8 o o 2 2 5 J 7 4 1 1 4 4 6 3 o o o o o I o o 1 1 8 II 5 18 d. 4 6 II 3 9 o 9 6 6 o o o 5 o 9 1 1 o 9 r 9 2 ro 8 o 10 5 1 1 10 10 Drawbacks on Exports ■ C- s. d. o 12 4 2 I 10 190 } l\ 3 o 19 6 007 076 007 008 o o ' 3 6 1 19 o 10 6 3 o o 3 " I 19 I 19 a o 034 •^ 3 4 2? 3 O 008 008 o I 0; 10 o o 710 » 5 3 434 1 8 Horn 961 li gb2 OF THE CUSTOMS • »Ij', X V.V •[ 1, n -' IMPORT i ) V! f .' Duty ^•\ Horn Tips, the loo, containing 5fcore • > .,-" Horfes, Mares, or Geldings, each - Holiery, French; fee Cotton smd Woollen. JAPANNED or Lacquered Ware: fee Eaft-India Goods. Jet, the pound •• ■"■-• Incle unwrought, or ftiort fpinncl, the pound • ■ ' wrought, the dozen pound Indico, the pound Ink for Printers, the cwt. - - '' " ■ Iron, viz. in Bars, or unwrought, of Ireland, the ton — of Mufcovy or Rujjia, imported in a Foreign Ship, the ton of any other Country, in a Foreign Ship, the ton — of any other Country, imported in a Britijh built Ship, the ton ■ of Ireland, flit, or hammered into rods, the cwt. m of any Country, flit, or hammered into rods, Icfs than I of an inch fquare, imported in a Britijh built Ship, the cwt. —— in Foreign Ships, thecwt. ' "-.■',* ' .< ^ —— Hoops ; fee Hoops. : > > mi!. — Ore, the ton * . . .: "' ,: '-'— Old, broken, and old caft Iron, the tOD •— Pig, the ton — Wire J fee Wire. Articles of French Manufadhire, made entirely pr in part of Iron and Steel, not exceeding in Value 2/. lox. the cwt. and imported diredly into Great-Britain, in French or Britijh built Ships, for every 100/. of the Value thereof ill exceeding in Value 2/. 10s. the cwt. and all Buckles, Buttons, Knives, or Sciflars, and all other Articles of Hardware or Cutlery, and all Articles conipofed of Copper or Brafs, feparately or mixed, imported dircftly into Great-Britain, in French or Britijh built Ships, for every 100/. of the Value thereof Juice of Lemons, the ton, 252 gallons • ■— — Limes, the gallon - Ivory, the pound o 2 K ELP, the ton o o I o o I 3 3 2 o s. d. o 7 4 o * ■ O 9 O 3r 9 4 o 6 8 10 10 10 9 I 7 2 16 2 4 5 10 3 o o LACE, viz. Bone Lace of Thread, 12 yards Lamp Black, the cwt. ... Latten, viz. Black, thecwt. ■ i . Shaven, the cwt. ■ - Lead Ore, the ton Lead, Black, Red, or White; fee Drugs. " ' • ' • "" Leather, viz. Leather Manufadures, or any Manufac- ture whereof Leather is the moft valuable Part, for every 100/. of the Value * 77 Leaves of Gold, the 100 Leaves •• o 9 " 10 3 2 »3 5 »7 13 2 J7 o I 9 9 6 O O O o 10 5 o 3 * 3 o 16 6 8 3 3 o 8 o 2 DfAwbacks on Export. £• s. i. 006 I 19 o ./ 008 « 5 4 7 10 1 7 4 2 la 8 2 12 8 i It S o 3 II 09s 095 026 o 12 6 050 J.. <• V •\i 365 002* 020 o 15 o 25 o 15 12 O ^5 8 3 3 4 8 a o Lemons AND CUSTOM-HOUSE OFFICERS. ^ I'.' ,'xr.Cl IMPORT ;■ o •' ' ceeding Duty £- Si tation, the demi-piece Canvas, viz. Hed'ens Canvas, or Dutch Barrafs, the 1 20 ells ■ Packing Canvas, Guttings, Spruce, Elbing, or Quecnborough Canvas, the 1 20 ells Poldavies the Bolt, containing a 8 ells Damafk Tabling, Dutch or French, viz. not exceeding ell ;. in Breadth, the yard above Lll ^ and under 2 Ells in Breadth, the yard from 2 Ells to 3 Ells, the yard - • of 3 Ells or more, the yard and Diaper Tabling, Towelling and Napkining of Ireland i fee /;-^j Cloth. oiRuJJiai fee Linea of i2a^fl. Tabling of Silejia, or of any other Place not enu- merated, the yard Towelling and Napkining, Dutch or Frencbt the yard and Diaper Towelling and Napkining of Silejiat or of any other Place, not otherwife enumerated, the yard Diaper Tabling, Dutch or French, viz. not exceeding Ell y in Breadth, the yard above ell | in breadth, and under a ells, the yard 5 Drawbacks on Export. O 3 It » »3 3 006 009 050 16 10 b 056 006 170 o 18 2 089 054 062 070 o 10 4 o I 3 O I II 005 025 O 2 ZO 16 10 u 15 o 16 10 9 14 10 O d 2 to ^'3 4 ' 5 3 O 16 II o 4 10 058 066 o 9 la O I li a I 8 004* 2 2 026 Diaper 9^i I Oii.' 964 . I i:o OF THE CUSTOMS IMPORT Duty ' Linen continued. Diaper of 2 Ells to 3 Ells, the yard ■ of 3 Ells, or upward. , the yard .. Tabling of Si/e/ia, or pf any Place, not otherwife enumerated, the yard Diaper Towelling and Napkining, Dutcfj or French, the yard Drillings and Packduck, tlie 1 20 ells Flanders, Holland, and French Linen, plain, not other- wife enumerated, viz. not exceeding cU ; in Breadth, the cU above ell |, and under 2 ells, the ell ■ of 2 ells to 3 ells, the ell of 3 ells, or upwards, the ell German, Switzerland, Fall Country, except Ruj/ia, and Silejia Cloth, Plain, viz. above the Breadth of 31.; ' Inches, and not exceeding 36 Inches, tlic 1 20 ells >« ■ above 36 Inches. in Breadth, the 120 cUs — . . ' not above 31 \ Inches in Breadth, the 120 ells Hinderlands Brown, viz. under 22-1- Inches in Breadth, the 120 ells Irijh Linen, chequered, ftaincd, or dyed, imported under the 7th and 8th W. III. cap. 39. and 16 Geo. II , cap. 26. for every 100/. of the Value thereof Irijh Cloth, Plain, not exceeding 36 Inches in Breadth, the 1 20 ells *——. exceeding 36 Inches in Breadth, the 120 cUs Lawns, viz. 6V/f/w and all others, plain, except /'>f;Jf A not bleached in Holland, the piece not exceeding 8 yards in length — — bleached in Holland, the piece not exceeding 8 yards . French, imported direftly into Great-Britain, viz. the demi-piece, not exceeding 7; yards in Length, nor I \ yard in Breadth, or exceeding i \ yard, and under 2/. ioj. in value . exported to any Britijh Colony in America .. exceeding i^ Vard in Breadth, and being above the Value of 2/. i os. the demi-piece of 7^ yards in Length, for every 1 00/. of the Value thereof . exported to any Britijh Colony in America Lawns, French, imported and warehoufed for Exporta- tion, the demi-piece Oil Cloth, not exceeding yard wide, the ell j;!' . " m exceeding yard wide, the ell Rujfia Linen, Plain, viz. Towelling and Napkining, not exceeding 22^ Inches in Breadth, in a Britijh built Ship, the 1 20 ells in a Foreign Ship, the 1 20 ells c /. d.\ .1 2 4 8 I I 10 2 5 4 I 4 I 7 I 9 u 2 7 3 I 5 4 H 5 I 4 7 16 5 49 10 o o o Ru. ujjia Linen, rot otherwife enumerated, not exceeding 22i Inches in Breadth, in a Britijh built Ship, the 1 20 ells — — in a Foreign Ship, the 120 ells exceeding 22r Inches in Breadth, and not ex- ceeding 3 It Inches, in a Britijh built Ship, the 1 20 ells > in a Foreign Ship, the 1 20 ells 12 4 S 4 3 I- 3 JO 10 o o o o o o 6 o 4 o 7 15 16 16 '7 4 5 Drawbacks on Export. C. s. d. 2 10 044 II 3 244 I 2 ' 5 I 7 025 2 16 5 4 9 5 1 2 7 15 I 49 10 II 4 244 2 10 037 2 10 .1 5 «3 4 003 006 14 2 14 2 15 I 15 I I 2 7 I 2 7 Ryjia AND CUSTOMiBOysE OFFICERS. ■.(,-.(.; ft I X't »iU j •11 IMPORT ' i •'. I / Drawbacks Duty. I on Export. I • .1 . \ f .\, Linen continued. , Ruffta Linen wtcccding 22; Inches in Breadth, and ndt exceeding 3 1 ^ Inches, in a Britijb built Sbip» the i 20 ells — ■■ in a Fdreign Ship, the 1 20 ells .. - < exceeding 3 1 {- Inches in Breadth, and not ex- ceeding 36 Inches, in a Britip built Ship, the 1 20 ells — : in a Foreign Ship, the 120 ells .-^ exceeding 36 Inches in Breadth, and not exceed- ing 45 Inches, in a Britijh built Ship, the i20 ells . in a Foreign Ship, the 1 20 ells exceeding 45 Inches in Breadth, in a Brilijh built Ship, the 1 20 ells in a Foreign Ship, the 1-20 ells Sail Cloth or Duci<, Dutch or French, not exceeding 36 Inches in Breadth, the 1 20 ells ■ exceeding 36 Inches in Breadth, the 120 ells Sail Clotli or Duck of Rujiia, not exceeding 36 Inches in Breadth, in a BritiJ]i built Ship, the 120 ells ■ in a Foreign Ship, the 1 20 ells . exceeding 36 Inches in Breadth, in a Britijh built Ship, the 120 tils in a Foreign Ship, the 1 20 ells Sail Cloth or Duck, not otherwife enumerated, and not exceeding 36 Inches in Breadth, the 120 ells ■ exceeding 36 Inches in Breadth, the 120 ells Sail Cloth or Canvas, TriJJ}, on which the Bounty of 4(/. the yard has been there granted, of the Value of 1 j. zd. the yard, 'or upwards, the yard ^ — — on which the Bounty of zd. the yard has been granted, of the Value of lod. and under is. 2d. the •"ard, the yard Sails, ready made, for every 100/. of the Value thereof Sheets old, the piece Spanijh Or Portugal Linen plain, viz. "not exceeding 36 Inches in Breadih, the ell - — — — exceeding 36 Inches in Breadth, the ell Turkey Linen j fee Linen of Alexandria Linen, viz. plain white Linen, not printed or dyed, nor otherwife particularly enumerated, for every 1 00/. of the Va!'-:e thereof Linen chequered, printed, or dyed, not prohibited to be imported, or ufed, in Great-Britain, and not other- wile particularly enumerated, for every ico/. of the Vduc thereof N. B. Linen printed, or ftained, is alfo fubjed to a Duty of Excife. Litmus, the cwt. Lutcfhings or Catlings, the 12 dozen knots MADDER, the cwt. . .« ,'. ? Maps, the Map Mats of Rujfia, in a Briti/h built Ship, the 1 00 — - in a Foreign Ship, the 1 &o 'iA&tting o( Bnriary OT Portugal, the yard - > of Holland, the yard 'Mead, tho Hogfhead, containing 63 gallons n N t I I I 3 3 4 4 2 3 2 2 3 3 2 3 .r. J. ■ . II,; 4 7 5 « 16 It 18 6 9 M II 6 H 5 17 2 3 I \6 I » 9 3 » 14 9 16 I » 9 14 9 o 45 o o 33 80 o 4 O 2 O O o 6 o 5 o 8 6 8 4 2 3 4 2 6 o 4 o o .0 II O II o o o o 8 lo . ! ,•";.(:, i, ■ . . i r/ r > 7 1 « 7 I 73 II 3 6 IX A 9 i 495 005 o o 4t o o 74. 30 16 8 77 14 2 022 9 9 o o 9 h It 7 10 Medlars, 961 t ( h % ■ " Oh < ^66 bF THE CUSTOMS . 1. . ,,.! IMPORT Duty Medlars, the bufhel • MclalTes, viz. of and from the Britijb Plantationi in jimerica, the cwt. »■ from any other Place, the cwt. Metal, viz. Leaf, except of Leaf Gold, the Packet con* taining 250 leaves ■ ■ ■ prepared for Battery, the cwt. Metheglin, the Hogfhciid, 63 gallons Millboards ; fee Pafteboards, under Wood Millinery, French, made up of Muflin, Lawn, Cam- bric, or G?uzc, imported diredlly into Great-Bridiin, for every 1 00/. of the Value thereof — any other Article, ufcd in futh Millinery, rtiall pay Duty, a- if feparatcly imported Morels, the pound Mofs viz. RorkMofs for Dyers' life, the ton, contain- ing 20 cwt. Mum, the Barrel, containing ^2 gallons N. B. Subjf>lt alio to thcDuty of Exciftf. Mufical Inrtruments, Frencl) j fee Cabinet ware. NANKIN Cloth ; fee Eajl-India Goods Ncats Tongues, the dozen Nuts, viz. Chcfnuts, the Bufhel ■^— Small Nuts, the buHiel Walnuts, the bufliel OAK Bark, when allowed, the cwt. Oakum, the cwt. Ochre, the Bulhel Oil, viz. Sallad Oil, in a Britijh built Ship, the gallon Sallad Oil, in a Foreign Ship, the ga'lon Ordinary Oil of Olives, in a Britifi b jilt Ship, the ton, containing 252 gallons - in a Foreign Ship, the ton. Rape and Linfeed Oil, the ton, 252 gallons Oil of Hemp Seed, or any other Seed Oil, not enume- rated, the ton, 252 gallons Train Oil, or Blubber, or Firti Oil, of Foreign fifhing, the ton, containing 252 gallons •— oiBritifi fifhing, viz. of Greenland, and Parts adjacent, the ton, containing 252 gallons ■ when taken by any shipping belonging to his Majefty's Colonies, and imported in fuch shipping, the ton, containing 252 gallons when imported in Britijh Ships, the ton, con- c s. 2 3 If I II 8 J. 4 o 9 2 II 10 12 tainijig 252 gallons Oil Cloth; fee Linen. Olives, the Hogfliead, containing 63 gallons o o taining 252 gallons of Neivfomdland 2.nA like Sort, the ton, contain- ing 252 gallo.^s when taken by fliipping belonging to any of his Majefty's Colonies, and imported in fuch ftiipping, the ton, containing 252 gallons ■ when imported in Britifj Ships, the ton, con- o 10 Drawbacki on Export. >c. /. di 4 2 8 II S i; I iJ II 7 10 I f 010 ° I 5 009 006 o o I o z 3 020 O I I O I 2 709 7 9 8 24 4 o 13 4 o 18 3 o I »5 3 «> 15 5 12 2 1 6 5 o 13 3 O 9 II * IS 3 7 10 o 1.3 008 o O J 020 019 010 010 649 649 22 9 O 12 14 O 13 13 «> I II 3 O 12 5 10 7 1 3 5 n-r ;»' r 10 2 085 1 II 3 OnivHS, AND CUSTOM-HOUSE O.F F I C E R S. IMPORT ■(• M (' Onions, the biifhel Oranges i fee Lemons, Orcnal, thccwt. Orchelia or Archelia, the cwt. Orrcdew, the dozen pounds •■7-1: . PACKTHREAD, the liundred pounds Paling Boards j Ice Wood. . Paiis, or Kits of Wdod, the dozen Painters Colours of all Sorts, not otherwife enumerated the pound Paper, viz. Atlas, ordinary, the ream ^ , ^ Atlas, fine, the ream Baftard, or Double Copy, the ream • Blue Royal, the ream Blue Paper, for Sugar Bakers, the ream - " Browh Paper, the Burtdle, containing 40 quires Brown Cap, the ream Cap, viz. Fool's Cap, fine, the ream Fool's Ca[5, fecond, the ream ■ Cenoa Fool's Cap, fine, the ream ■ Genoa Fool's Cap, fecond, German Fool's Cap, artd fine Printing P'ool's Cap. the ream » Second ordinary Printing Fool's Cap. the ream Cartridge Paper, the ream Chancery Double, the rcnuh - Crown, viz. Fine Gt'«oj Crown, the ream ■ Second Genoa Crown. German Crown, and fine Printing Crown> the ream . Second Ordinary Printing Crown, the ream Demy, viz. Demy Fine, the ream Second, the ream . I ■ Genoa Demy, Fine, the ream Genoa Demy, Second, the ream - - German Demy, the ream Printing Demy, the ream i Elephant Ordinary, the ream Elephant Fine, the ream it Fool's Cap i fee Cap P.iper ' ' ' Imperial Fine, the ream Imperial Second Writing, the ream Lombard, viz. Gtrwjw Lombard, the ream Medium, viz. Fine Medium, the ream ■ ■ ■ Seeond Writing Medium, the feam ■ Genoa Medium, Fine, the ream Genoa Medium, Second, the ream Poft, viz. Small Port, the ream Fine large Poft, weighing 1 5 pounds per ream, or upwards, the ream — Fine large Poft, weighing under 15 pounds, the ream Pot, viz. Fine Genoa Pot, Second Genoa Pot, and Ordi- nary Pot, the ream -— Superfine Pot, the ream « — — Second Fine Pot, the ream ■ Pid&ng Paper, the cwt. • Duty 003 064 060 o »3 3 o I 10 o I 2 o o o o o o o o o o o o O 2 8 10 5 2 i t 7 I 2 II 4 " 6 2 5 4 4 7 3 3 5 5 4 9 4 9 o 7 9 4 6 o 9 ° 3 ° 3 o 13 O II o 6 o 5 II o 5 II 062 12 3 1 5 4 252 I 16 II 039 O 16 2 O 12 II o 10 5 091 ° 5 > 087 079 034 054 047 o 12 10 9i m 908 ■)Ki«|x'l rui tip i* H F. c tr S T O M s. y A .:\ 1 M i» o R r Ptt/)fr eontinueti i i. } ( Duty ftoyai, viz. Royal, fine, the rcant ' Super Ri)y»l, (inc, the ream — — — SeeOiul Writing Royal, the ream • -' ijciond WritiiiK Super Kuyal, the rc«m ■I Genou Koyal, hue, the ream ■ ■ I Cfti^it Royal, ll'cund, the ream « Fiiiv HulLitiil Roya!, the ream - ' — SceoiiJ I'iiie lljILnd Royal, the ream • Ordinary Royal, the ream I'aintcd i'.iKr, ur paper hangings for rooms, for every lOo/. of (he Value thereof Pajwr, not otherwile particularly enumerated for every loo/. of the Value thereof I'arihnicnt, tlic dozen, containinf:^ i 2 rticets Pirteboardsj or Millhoanl.sj Ice Wuiul I'cars, the buuiel - " Fears, dric^, the hudiel IVrry, the (on, containing 252 (gallon!) « N. B. Si'ibie'//j built .Sliip, the lull contain- ing 12 Harrcis, each 31 ; gallons I imp)rted in a foreign Ship, the laft Pitch, of tne I'rodud of any of the liritijh Dominions of the Crown of Griiit-liiiuiin, the lafl VXxiXtT oi Pill is, the 100 pounds Platting, or other Manufidtures of Baft, Straw, Chip, Cane, or Ilorfe-IIair, to be ufed in or proper for making Hats or Bonnets, the pound Plate of Silver, ungilt, the oiuicc troy .. imported by tiic V/iJl-IiuLi Company Plate of Silver, part gilt, tiie ounce troy « importetl by the Eaji-lndiii Company Plat;; of Silver, gilt, the ounce troy — — imported by the luijl-lndin Company Plate, wrought of tiold, the ounce troy • imptrted by the Eajl-India Company Plate, battered, fit only to bere-manufadiircd ; fee Bullion Platters of Wood, tlic (hock, containing fixty Pomegranates, the thoufand Porcelain, Earthen Ware, and Pottery, French, iiipnor- tcd diredtly into Great-Britain, for every 1 00/. ot the Value tlhercof , Potatoes, the cwt. Pots, viz. Melting Pots, the hundred PowdcrofBrafs, for japanning, the ounce 3 « 5 4 I 1 1 1 1 14 Q 13 I '4 5 Olio 7 <; 4 75 o o i? o o 049 o ' 5 O O y 3 U o >3 9 009 311 () i '7 o 2 7 8 211 4 1 ^ I o I 5 8 O t2 5 o 13 1 o 1 1 o O I 1 1 10 2 2 3 z 2 3 4 7 6 o o o o o o 3 10 1 10 o 7. 7 8 029 o 8 10 12 00 o 3 8 007 002 Dr,mbarki un l'X|)«)rr. x; .f . niIv J. ■ - w 1 v; f » il.H 4 l'» . > '• ' 1 I ' 1 ... .1' t .1 :{ 7 7 12 6 # O II 2 Oil 2 099 008 O I 8 •/ 1; 026 o 7 10 3 „.? 006 o 6 ij Powder, 'Sau 'Sc bc.ii • >, tci .Cai J^ N I) c iJSTo M-Hoirs i; oiriCF, rs. ^g^ IMI'ORT PowdiT, vi/. n.\ir Powder, llic cwt, ^ Priiin, vi/, I'apcr I'liiit't tlic piece ■ QUIF,I,S, vi7. flodfcC.)!!!!!:.. thr fhoiiriml — — -~ Sw.in (iiiill' , iliu llidiiritul Quinces, the Iiuiidrcil, inntainini^ 5 iLore RAdS, ()I(I Uopcj, or jniiks, or old I'illiiiip Nets, rtt only lor the iivikinj; nf I'.ipcr ur I'.illehoard } fee II (iio, I. e.\|>. 7. Duty (kc. Unpe of (inpes, the ton, containing 252 g.il. - Kapi- (' ikcs, tor manure, from /n/iim/. bee tlic 1 5 Geo. ill. (ap. 34. fite. Konnct, the galltJii • Ui(e, tlie iwt. im|id irltiliov, the ^wt. - , I, Ropes, iKW ; fee (\)rdai;c •, Hopes, old ; fi.e KajjH Kdlin, ot the I'ruiUiLt of nny of tlic Br'ttijh Dominionc, ' tlic cwt. — — — not the ProdiK't of the Piritljh nomiiiions, im- ported in a Uritijh hinit Sliip, the i wt. injpiirted in 4 '' SADM-'RY, Firnc/j, imjwrtaldiredlly, for every 100/. of the Value flR-reof _ ,, _ , tfaHower, the pound iSuil Cloth ; fee Liiun Suit, viz. for curing of I'illi, imported in a Bntijh huilt Ship, or from J'''fiy> iiucriij'ey, Hark, or yJhkrney, the Wey, containing 40 Ihilhel:., each Uufhel being «4lh. • imported in a foreign Ship, the Wey ■■ not for curing of Fi(h, i njwrted in ?LBritijh built Siiij), cr from "[■■'rjry, Hutrnjiy, Surk, or AlJeniey, the Wey " " ' - — — imported in a foreign Ship, the Wey N. li. Salt is alfo fulijed to the Duties on Salt, impor- ted under the Man.i'jenient of the Commiflioncrs of that Revenue Saltpetre, the cwt. • imported hy tlrj F.uft-Inilia Company •• — • whenufcd to make Oil of Vitriol, a Drawback of the whole Duties. ;.. ,, • jBaufagcs, or Puddings, the |)ound Scoojis of Wood, tlie dozen beatnorfc Teeth, or Sea-horfc Teeth, the ■•. tals in general } lee DruL;s .Canary bced, the cwt. o o II 2: 4 10 >'. o I O 2 O 2 o 3 I3 O o o O II O II >i ,i> '■>-t>l, lb. ^(1 O o o o o 2 7 1 1 3 5 9 o o o II 8 II O / o 16 6 on I ii{Mirt. 4 8 II o o o o o o o o 7 4 3 10 2 I 2 I 2 t S 3 5 3 10 9 10 9 I 9 7 3 o 3 o 10 o 7 H 7 Clover li li. ^ t ■ I 902 OF T n F. CUSTOMS IMPORT Clover Seed, the cw*. t'olc Seed, tlic quarter, contiiining 8 buflicls I Icmp Seed, the quarter, coutuiiiing 8 buHiels Lucerne Seed, the cwt. Maw Seed, the twt. Millet Seed, the cwt. Murtard Seed, the twt. Onion Seed, the cwt. - Rape Seed, the quarter, containing 8 buHiel Rape, and all otlicr Seeiis fVoni It eland, lor the purpofc orcxti-adting Oil therefrom, the Lall, cunlaining lo quarters, each 8 bullicis Slieep'sGuts, dried to make Whips, the grofs, contain- ing 1 2 dozen Sliips, and all their tackle, except Sails, for every lool. of the Value thereof Shovels t)f Wood undiod, the dozen » Shrut^", or old liraf; , the cwt. Sinunac, the cwt. Silk, vix. Orgazine, and all Thrown Silk in the gum, the poivid, containing i6 ounces " if exported to Irr/j/td, the pound exported, except to Iti/iiin/, the pound, Kaw, the pound, containing i6 ounces if exported to //(/(W, the pound exported, except to Ird.inJ, tiie pound Knulis, or Hulks of Silk, the pound, containing i6 OUIKCS Thiown Silk ilyed, the pound, i6 ounces • if cxportetl to lni\itiil, the pound " exported, except to Irflnml, the ponnd Silk wrought, viz. Crapes and Tiffanies of the Manu- facture of Itiily, imported from thence in Brio'/b- built Ships, the pound ■ otherwil'c imported, the pound Skeets for Whitllers, the ikeet Skins and Furs, viz. Armin, or F.rmin Skins, undrefled, the timber, containing 40 Skins Badger Skins, undreiVeii, the piece Bcir Skins, White, undrefled, the piece Bear Skins of any other Colour, undrefled, the piece Bcr.crs' Skins, uUilrefled, the piece Bcav.is' Skins, from any of lu!> Majcfty's Dominions in /litiiruti, the piece Beaver,' Wombs, the piece Buck or Deer Skins, undrclfed, the (kin ' Iiiiiii, halfdrefl, the pound Calabar Skins, tawed, the timber, 40 Ikins ' — untawed f undrcllL-d, ihc timber, containing 40 Ikins Calves Skins of /n'/(.'.;3 3 u 9 I 5 7 4 6 II 6 5 3 2 10 2 4 3t; I 4 9 1 I 2 3 ' 9 I '3 5 I 4 9 I •? 9 1 4 9 3 2i- II 10 7 6 1 1 10 5 6 5 t K e I s; 7-^ 4; 3c 2 3 • t I 10 I 8 I 10 I 8 2 9 2 6 4!- 1 1 10 3r 3 Cordi- AND CUSTOM-HOUSE OFFICERS. I M P O K r 963 Siins continued imported hy tlic EaJl-InJiu Coidivants, drcficil, viz Cdiiipiiny, the do/.cii . of 'Turkey, the tio/cn «. • of Spain, tlic dozen Oo^ Skins, undrcHcd, tlic piece Dug FiHi Skins, undrclicd, the dozen \l\V. Skins, undrefled, the (kin Fiilicr Skins, undred'ed, the piece Fitches, undrcll'ed, the timber, 40 (kins Fox Skins, black, undrclicd, the (kin • of all other Sorts, iindrcned, the (kin Goats' Skins of /r<'/rt«d, in the wool, the 1 20 dre(red inallutn, the 100 ■ drefled in oil, the 100 Slink Lamb Skins, undrefled, in wool, the 1 20 Leopard Skins, undrefled, the piece « Lion Skins, undrefled, the piece Martins, or Martrons, undrefled, the timber, containing 40 (kins — — — Tails, undrefTed, the 120 - Minks Skins, tawed, the timber, 40 (kins - ■ untawed or undrcfTed, the timber Mole Skins, undrefled, the dozen Moofe Skin, undrc(Ted, the piece Muf(]u;i(l) Skins, undrefled, the 100 (kins Otter Skin^, undrefled, the piece Ounce Skins, undrefled, the piece - Fanthcr Skins, undrefled, the piece - Pelts of Coats, drefled, the dozen undrefled, the dozen of all other Sorts, undrefled, the 100 Raccoon Skins, undrclfed, the hundred (kins Sables, undrefled, the timber, 40 (kins Sables Tails, or Tips, undrefllcd, the piece Seal Skins, undrefled, the (kin Skins of Seals, taken by the Inhabitants of his Majcfty's Colonies in America, and imported in a liritip Ship, the Skin Skins of Seals, taken by the Dritip Subjedts ; Duty free. Sheep Skins, undrefled, in the wool, the doz. Sheep Skins, dre(red in oil, the dozen Sheep Skins, otherwife drcITcd, the dozen Squirrel Skins, undrefled ; fee Calabar (kins Swan Skins, undrc(red, the piece Tyger Skins, undre(red, the piece - Weafel Skins, undrc(rcd, the 1 20 Wolf bkins, tawod, the piece Wolf Skins, untawed or undrefl!cd, the piece - Wolvetings, undrefled, the (kiu l)r nwb icki 1)11 y Ull Export. c S. J. /:• s. d. I 1 6 »4 9 16 2 / 6 I 16 4 I 5 9 2; 2 2 I 9 I 8 I 6 I 4l- 1 3 3 S 3 4 2 '5 2 10 4r 4 I JO I 8 5 6 Q 5 I 1 1 10 2 «l >9 3 6 3 I 4 9 II 3 O 2 o 14 2 O O O O O o o o o o I 6 2 2 15 II 1 2 O 16 o o o 2 o 13 I 3 5 2 8 o I 7 8 5 o o o o o o o o o o 8 4 4t II 9 o o o 6 2 9 9 5 6 6 9 4: 3 9 o 7 6 002 o o 10 049 026 O II 2 9 1 I 3 4 6 o I o o o o o o o o o o o o o o o 5 'o ' 8 I 6 2 2 10 10 1 o 15 o o O 2 O 12 I 3 5 2 I 7 O 12 7 io o o 3 3 6 o o o o It 6 6 3 il- o 6 3 6 6 o 6 S 001 009 026 o 1 S o 10 2 6 10 7 6 5 9 1 »* Skins, ! i I !1! 07* OF THE CUSTOMS IMPORT ■ Duty ' ■ ■ S/ci/n continued. Skins, and pieces of Slcins, not otherwife enumerated j Ice Hides. Slude, the pound Smalts, the pound Snulf, imported by the Ea/l-India Company, the pound i from the Britijh Plantations in ^Imcrica, or the Spiinijh IVijl-Jridics, the pound . '■ from any other place, the pound Soap, viz. Hard Soap, the cwt. Soft Soap, thecwt. - .' Soapcrs Wafte ; fee j 8 Geo. II. cap. 22. Spelter, thecwt. Spinal fine, to mu!;e gauze, the pound Spirits, viz. Arrack imported by the Eajl-India Com- pany, the gallon Brandy, of any Country, the gallon Citron Water, the gallon Geneva, the gallon - "■•-"■ Hungary Water, the gallon Rofa Solis, the gallon - Rum, VIZ. of any haitij'^ Colony in /liner tea, the gallon . Foreign, the gallon - - Vifney, thq gallon " - ' ■ Iffquebaugh, the gallon Cordial \Vater, trong Water, or other Spirits, not enu- merated, the gallon N. B. AH Spirits are likewile'fubjed: to the Excife duty. Spunges ; fee drugs. Starch, the cut. - ?teel, viz. Gad Steel, the cwt. I,ong, or Wifp Steel, the cwt. - ^ Stones, viz. Dog Stones, the Laft, containing 3 pair limery Stones, the cwt. lunery Stones of 'Turkey, imported in a Foreign Shi|<, the cwt, - - . CJrave Stones of Marble, unpoHflied, the foot fquare, fupcrficial ir.eafure - , • poHflitd, the foot fquare, fciperficial i ••'■i . _- not of Marble, polilhed or unpoHfhed^ the fbot fquare, fupcrfici.d Marble Bafon's, Tables, Mortars, ' and other polifhed Marble, except grave and paving Stones, poliflicd, rfic5al - lilocks,":!!!* folidiuot the foot fquare, lune .^ .^v. , — j^. ineafiire poliflied, the foot fquare, fiiperficial X. -f. d. 006 o 04 033 016 022 240 J 17 5 o 13 9 029 Paving Stoiws, rougli, the foot f-pdre, fuperfiPial "Mill Stones, above 4 ket in dianicteri or of i^d Inches in thick ntjfs, or upwards, the piece ■ -'i- . . „ . ;b ■Paving'Stjjnes; not of Marble, the footfqviarc ■ ^ ' Pebble "Stines, the ton - • • '• JPomicc Stones, tiie ton tj^ern Stciie^, From 3 to 4 feet in Dianieter, andftot above (6 Inches in thicltnefs, tlic Ltiil, iontaining 3 fair • "- o o o o o o o o o o o o 5 o 2 9 9 8 5 10 2 10 5 7 10 2 ro o o 2 2 10 '5 5 8 ■252 o 12 8 8 II 8 o I 10 O III- o o o o ,^:\\\ o I 020 Drawback* on Export. jC- J. d. o o o 5 o 3r . 1 o 12 6 o « 6 o o o o o o o o o o o o 5 o <2 2 O O 2 2 8 8 I 4 7 7 5 6 7 7 o o 1; 2 o 8 II II 7 I2L » 01 7 00 I Q O « ;0 .<» Oy o o' 10 o i\ 10 o o .; I o 02 32' 4 Oi. ,0 o ©I lo s 6 -0 .-31 Qi t 19 O O 0.5 o Oi 2 8 o; o !i9vio 1.7 <5 Quern AND CUSTOM-HOUSE OFFICERS. IMPORT ,, :' r Duty Quern Stoncp, fmall, uiuicr t, feet in Diameter, aiul not exceeding 6 iiulics in thiclcndii, the lafl, containing 3! pair - .. - Slates in frames, the dozen Slick Stonus, the huiuircil; containing 5 fcorc Tables of blate, without iikiines, tlic piece Whctitones, tlic hundred Stutfs, made of or niixed with wool, the yard ■ j .; Succade.N, Wit or dry, the pound - |, ■' . — • imported by the Riiii-lnJid Company , Swingles, tiK grofs, containing 12 dozen TAILS of Cows, tlie hundred, containing 5 fcore Tallow, tlie cwt. Tar, not the Product, of any of the /';vV///j Dominions, imported in a liritijh built Ship, the laft, containing 12 Barrels, each 31!- gallons imported in a I'or^ign Ship, tlie laft 'of any of the /i/vV-y.'; IX minions, the lafl: Tarras, the buihcl Tazels, the tlioufand Thread, viz. Bridges Thread, the dozen lb. Crofsbow Thread, the hundred pounds Outnal Thread, the dozen pounds Sifter's Thread, the pound - • ,. .., Whited-broun Thread, the dozen pounds ■ Thread of Ireland. See 7 and 8 Will. III. cap. . 39. and 16 Geo. II. cap. 26. free. Thrums of Linen or Fufiian, the pound Thrums of VVoollen, the pound Tiles; fee Earthen- Ware ^ !!,»..,„>,. Tin, the cwt. - " '. -■ ' Tin Glafs, the cwt. Tobacco, viz. of the Growth or Manufadlure of the Dominions of i\ —1\*' r 'A \ • on Export. /:. ^' d. £• '" <^» 33 »2 ., ^-.. 37 «6 ' t -i w ! f 33 12 28 17 6 19 in. 22 8 19 12 i6 9 16 16 q 12 ( 1 1 16 16 13 13 » II 6 12 It 7 2 II except London, and exported to any Britijh Colony or Plantation in America, the ton, containing 252 gallons — exported to any other place, the ton N B. Wines arc alfofubjett to the Duty ofExcife. Wine Lees, fubjed to the liune Duty as Wine j but no Drawback for any Lcc^ exported. 24 6 9 20 13 o 14 7 II II 18 I -»f 12 II 2 10 o 5 Wire, I 97* d h T II K CUSTOMS IMPORT -(, • ; • Wire, viz. firnfs or Copper Wire, not otherwiTe cnu- rri'-TatcH, tl)(; cwt. .^'^ ^ » , , , ■ Iron Wire, the cvvt. ('('vH!; f?f : -.'..i. ■ , » •, — — Lattrn Win:, the LWt. " •',,.,_, i^—- Steel Wire, the ^Kninil ■ , .•,■¥•'• *- • ■ > Virginal Wireol Ijrals, thecwt. , ^-fj. .^^s .• ^ Iron, the cvvt. Woad, viz. Green Wo.ui, the ton, toutaining 20 cwt. —— Thouloiile WoatI, the cwt. • WOOD, viz. Amlior Stocks, imported in a Jjiitijb built ship, the piece • in a (oreign Shiji, the piece Uaiks, iVoni live to eight inclies liiu.ue, or if 24 iiet in length, or iipwaids, imported in Allritijlj luilt Siiip, the lao . ina foreign Ship, the 120 —— under 1; inches k|nare, ; .id under 24 feet in length, imported in a lirilijh. huilt bliip, the ton . in a foreign Ship, the 1 20 Battens, from 8 to 20 feet in length, nv. above 7 inches in widtii, and not exceeding 2.| inches in tiiicknefs, imported in a Uritijh built Ship, the 1 20 ■ in a ioreign Siiiji, die 120 .. exceeding 20 feet in lengtii, not above 7 inclics in widtli, or if excculing 2] inclies in thicknefs, in- jwrted in a Hiitijh built SJiip, the i 20 • in a foreign Sliip, the 1 20 Batten Ends, under 8 feet in length, not above 7 inclies in v\idlh, and not exceeding 2] inclies in tliicknefs, imported ill a Hrilijb huWt Ship, the 120 , ' in a foreign Ship, the i 20 — under 8 feet in length, not above 7 inches in width, and exceeding 2^ inches in tliicknefs, imported in a /i; //{/('.' built Ship, the 120 . in a forei^iu Sliip, the wo Beech I'l.mk, 2 inches thick, or upwards, imported in a Britijh built Ship, the load, containing 50 cubic feet ■ 2 inches in thicknefs, or upwards, imported in a foreign Ship, the load, containing 50 cubic feet Beech Qiiarters, from ^ to 8 inches fquare, or if 24 feet in length, or upwards, imported in a Biitijh built Ship, the 120 " -.*. yjj*H.. . — ^ in a ioreign Ship, the 120 ' •• r ——~, uiidcr 5 inches fijuare, and under 24 feet in length, imported in a Britijh built bbip, the 1 20 in a toieign Ship, the 1 20 Boards, viz. Beech Boards, under 2 inches in thicknefs, iuid under 15 feet in length, im^QtXx^ '^ ji, Brifij/p built Ship, the 120 |^ , . ,ij ^^^ .^^^^^ — in a foreign Ship, the 1 20 ■ under 2 inches in thicknefs, and if 1 5 feet ia , length, or upwards, imported in -^Briit/h built Ship; the 1 20 Beech Boards, in a foreign Ship, the 1 20 - L. : * Wood, in geneni, ttoir '■■ trUa, undtf certain tcikiAions, duty-free. Duty I)r:wiv/J;s on I'".x|X)n. C s. ,/. /:• ^• .!. 2 13 3 2 17 i) 2 13 10 7 6 n 780 1 13 3 8 2/ 9 2 14 a ij (> 13 14 ' 5 1 6 8 9 11' 02 3 024 2 2 I 2 13 2 J4 5 2 10 2 I'j 6 6 I I y 1 t t 6 6 1 7 3 » 5 1 5 3 213 2 14 5 2 10 2 10 6 6 8 10 091 8 0. 8 1 .-Ai - 5 i 17 8 18 2 16 16 10 10 • ir.n n 3 12 ■ 3 13 9 12 3 • ?i fi^ i ./ it 213 2 H 5 2 io 2 10 ~ 6 6 I 1 3 t 6 5 I 7 6 I 4 I 4 5 S 2 12 lO 2 13 n 2 8 2 8 env ■ 10 10 Clap fi /\ N n (' I T S T O M - M O U S E O r F I C I', R S. r\. \ J. J M !» O R r /Fu'jJ (■outiriiii-J Cln]vBi)nrHi, not exteedinj,' 5 ftet three inches in lfnj',th, aiiilimilcr tT;lu inches rijiiurc, impurtcd in a lliitijh , hiiilt Ship, the 120 a i'ortii'n Jihip, the 120 in a t()rciG;n Ship, the 1 20 lor Shoe-makers, four feet in lenj^th, or fix ir'.hc; in tliickncfs, imported in a liritijh hiiilt Ship, the I in a f( oreic i>n Ship, tlie 120 pak Hoarcln, under two inches in tliickncfs, and under ' fifteen (cct in length, imported in a Hiitijh huilt Ship, he 120 in a )rcigi Sh ip, tlic 120 under 2 inches in thicknefs, and if fifteen feet in length, or upwards, imported in a lirifi/i' built S!iip, 120 ' the ■ ' ■ in a foreign Ship, the 120 Paling Hoards, hewed on one Side, and not exceeding fcven feet in length, imported in a lirllijh built Ship, the 1 20 in a foreign Sliip, the 120 excecdiu''; Hcwcn feet in leiurtli. nn Britijb built Ship, the 120 por ted m a in a foreign Ship, the 120 I'aile Ho:uiis, or Mill lioards, imported in a Britijh built SI lip, tl le cvvt. Shi in a foreign snip, the cwt. Wainfcot I5oaids, containing 1 2 f 19 6 1 16 « I 16 a 3 '3 4 3 13 4 2 8 10 2 8 10 4 17 8 4 »7 « o 4 10 o 4 10 098 9 S 098 098 1 9 6 I 9 6 219 o 219 o o 10 I 1 O 10 II o o 8 008 290 290 " CL 5 I 6 5 I 6 'ii 30 Deab 'i?? \ht 978 or THE c u s r o m s VI ' IMPORT fv' Duty , . '• ■ JVood continued. ':. • • -■ ' Denis imported iti a foreign Ship, tlic 1 20 " above 7 inches in width, being from 8 to 20 feet in length, and not exceeding -5I inches in thiclcnefs, imported in a Rritith built Ship, the 120 .,..., ' imported in a foreign Ship, the 120 . i-i... exceeding 3I inclies in tliicknels, imported in a liritijh built Ship, the 1 20 in a foreign Niip, the 17.0 Deal Ends, above 7 mciies in width, licing under 8 feet in length, and not exceeding \'^ inches in t|uckncfs, ■ imported in a Britijh built Ship, the 120 - — I- imported in a foreign Ship, the 120 i exceeding 3-I inches in tliickncfs, imported in a liritijb built Ship, the 120 imported in a foreign Ship, the 120 Ebony, imported in a Britijh built Ship, the cwt. ' imported in a foreign Ship, the cwt. Firewood, the fathom, 6 feet wide, and 6 feet liigh, ■ imported in a Britijb built Ship imported in a foreign Ship Fir Quarters, from 5 to 8 inches fquare, or if 24 feet in length, or upwards, imported in a Britijh built Ship, the 120 . imported in a foreign Sliip, the 1 20 . under 5 inches fquare, and under 24 feet in length, imported in a Britijh built Sliip, the i zo .__ imported in a foreign Ship, the 120 Fir Timber, 8 inches fquare, or upwards, imported in a Britijh built Ship, the load, containing 50 cubic feet ■ in a foreign Ship, the load Fuftick, for Dyers' ule, the cwt. Handfpikcs, under 7 feet in length, imported in a Britifi built Ship, the 1 20 . imported in a foreign Ship, the 1 20 _ 7 feet in length, or upwards, imported in a Britijh built Ship, the 1 20 imported in a foreign Ship, the 1 20 C- s. d. 12 2 2 a 13 2 14 5 560 S 7 S o 17 8 o 18 2 * »S 4 116-; o »3 3 o 13 9 028 029 Knees of Oak, under 5 inches fquare, imported in a Britijh built Ship, the 1 20 imported in a foreign Ship, the 1 20 . from 5 to 8 inches Iquare, imported in a Britijh built Ship, the 120 imported in a foreign Ship, the 120 imported in a foreign Ship ,it^,i::' Lignum Vita;, the cwt. 2 13 o 2 14 5 8 inches fquare, or upwards, imported in a Britijh built Ship, the load, containing 50 cubic feet imported in a foreign Ship, the load Lathwood in pieces under 5 feet in length, the fathom, 6 feet wide and 6 feet high, imported in a Britijh built Ship - - •": ■ imported in a foreign Ship in pieces 5 feet in length, or upwards, t!ic fathom, 6 feet wide and 6 feet high, imported in a Britijh built Ship - Drawbackj on I'lxjwrt. >c. s. d. 1 1 3 2 10 6 2 10 6 5 I 5 I 16 10 16 10 I I 13 8 .3 8 12 3 12 3 2 6 2 6. 068 o 610 0010 068 o 6 1 1 o 13 4 13 7 034 036 113 o 1 H 5 o 911 o 10 4 o »3 3 o 13 9 19 10 1 o 4 023 2 10 6 2 IQ 6 o 3 o 3 064 064. 062 062 O 12 O 12 O O 4 4 I I I 10 6 I 10 6 09a 092 o 12 3 o 12 3 18 4 o 18 4 020 Logwood AND CUSTOM-HOUSE OFFICERS. I M P O K r 979 Wooii cofitiiiiti'd. Logwood for Dyers' ufe, the ton, 20c\vt. Mahogany, the ton, containing 20 out. Malts under 6 inches in diameter; See Ipirs. Marts, fix inches in diameter, and under eight inches, imported in a Britifh built Ship, tiic mad — — imported in a foreign Ship, th'j mad — — 8 inches in diameter, and under 12 inches, 'mpor- tcd in a IhitiJ]} built Ship, the maft imported in a foreign Ship, the maft 12 inches in diameter, or upwards, imported m a Britifl} built Ship, the maft • iiiiported in a foreign Ship, the maft Nicaragua Wood, for Dyers' ufe, the cwt. Oak Plank, 2 inches in thicknefs, or upwards, impor- ted in a Britijh built Ship, the load, containing 50 cubic leet imported in a foreign Ship, the load Oak Timber, 8 inches fquareor upwards, imported in a Britijh built Ship, the load, containing 50 cubic feet imported in a foreign Ship, the load Oars, imjTorted in a Britijh built Ship, the 120 — — imported in a foreign Ship, the 120 Olive Wood, imported in a Britijh built Ship, the ton, containing 20 cwt. imported in a foreign Ship, the ton I'lanks o'i Ireland, the 100 feet Red, or Guinea Wood for Dyers' ufe, the ton See 8 Geo. I. cap. 15. Round Wood, under 8 int'^'^s fquare, and under 6 feet in length, imported in a Britijlj built SJiip, the 1 20 • imported in a foreign Ship, the 1 20 if 6 feet in length, or upwards, imported in a Britijh built Ship, the 120 • imported in a foreign Ship, the 120 Spars under 22 feet in length, and under 4 inches in di- ameter, exclulivc of the Bark, imported in a Britijh built Ship, the 1 20 ' imported in a foreign Ship, the 1 20 — — 22 feet in length, or upwards, and under 4 inches in diunetcr, excluiive of the Bark, imported in a j^r/V/y/j built Ship, the 120 ■ imported in a foreign Ship, the 1 20 4 inches in diameter, and under 6 inches exclufive of the Bark, imported in 3, Britijh built Ship, the 120 imported in a foreign Ship, the 120 6 inches in diameter, or upwards j fee Mafts. Speckled Wood, the cwt. Spokes for Wheels, not exceeding 2 feet in length, imported in a Britijh built Ship, the 1000 . imported in a foreign Ship, the 1000 — — exceeding 2 feet in length, imported in a Britijb built Ship, the 1000 imported in a foreign Ship, the 1000 Staves, not exceeding 36 inches in length, not above 3 inches thick, or 7 broad, imported in a Britijb built Ship, the 120 ' imported in a foreign Ship, the 1 20 Dii fy Diawl on Ex acks )()1C. II . s. J. £• s- J. 2 4 2 I I'r I I 2 I 3 3 4 6 3 ° 3 I I 6 6 8 1 1 6 6 2 2 I 4 19 10 8 18 18 4 4 I 2 9 10 19 I II 4 3 9 9 1 16 I 16 2 2 8 8 3 3 3 6 8 6 9 9 3 I 3 I 2 6 '3 13 3 9 12 12 3 3 I I 6 7 6 I 4 ' 4 6 6 6 6 8 II 6 6 2 2 II 10 2 II 6 10 'i I I 4 5 3 3 I 2 I ?, 5 S 4 5 4 t J9 10 8 18 18 4 4 I 2 19 I 8 3 I 16 I 16 8 8 4 4 I 3 10 3 10 Stave* 9^0 or Til I', C IJ S T O M S I M POUT Duty ' ! ' li'ooJ continueil '" ' '" Stives above 56, ami not exceeding' 50 inclirs in length, not above 7 inches thi'-k, or 7 broad, iiiiportcil ni a Ih-itilb built Ship, tlic 1:0 • imported in a foreign Sliip, tlic 120 . above 50 inehcp, and not cxcceiiinij 60 iiK hes in Icnjtl), not above t, inclic:i thi»k, or 7 broad, in % LV////'.' built 5^i'i;), the 17.0 - — — nnjiorlcd 11 a foreign riiip, the 120 ' . above 60 .ndies, and not exceeding 72 inches In- lcn;;th, not ah»)ve •; inciic. thici; or 7 bro.ul, in .1 i^/v////^ built ^iiiji, the 120 ■ imported a a ibreiyn Sliip, the 120 — — above 72 inches in length, not above ; inchci thick or 7 broad, in a y?r/V//A built Ship, the 120 imported in a foreign iShiji, tliei20 — — not abo\e 3 inches thick, or 7 broad, and not exceeding 5 feet 3 inches in kn^'th, IJuIl be deemed clapboards, and pay duty accordingly. — — exceeding 5 feet < Inches in length, and ubo.e 3 thick, or 7 broad, Ihall be deemed pipeboards, and pay iluty accordingly. Sweet Wi)od, the cwt, - .i Timber of Ireland, the ton or load Timber, not otherwife particularly enumerated, being 8 inches fquare, or upwards, imported in a Hritijh built Ship, t'le load, containing jo cubic ket imported in a foreign Ship, the load Ufers, under 5 inches ftpare, and under 24 feet in length, imported in ABritiJh built Ship, tlie 120 i in a foreign Ship, the 120 from 5 to 8 inches Iquare, or if 24 feet in length or upwards, imported 'v\ a hritijh built Ship, il:e 120 imported in a foreign Ship, tiie 120 ^\'ainfcot Logs 8 inclies fquarc or upwards, imported in a Britijh built Ship, the load, containing 50 cubic feet - — impcJted in a foreign Ship, tlie load Wood for Dyers' L'fc, not enunuratcd, the cwt. AVood, manufa(flured, not otherwilc enumerated, im- ported from any part of Eursp; for every ic>,.'. of the Value thcr.rof Wood from ylmtru'i, except ivafts, yards, and howfpirits, duty free; ^^^ ^ ("■'• *• cap, 12.11 Co. III. cap. 41 . 26 Geo.. ill. cap. 53, and 26 GVi. III. c.ip. 60. WOOL, viz. Bever VVool, duty free. - cut and combed, e.\Cept combed in RtiJ/it', and imported from thence m BritijI: built Ships, tiie pound Carmenia Wo(j1 j fee hair of Goats. Coney VVool, the pound - ' ' ' Cotton Wool, of tlie Britifj Plantations, free. . not of the Biit'ijh Plantations, the pound Sec 6 Geo. IIL cap. 52. Eflridge Wool, in a Britijh built Ship, free. ■ >. in a foreign Ship, the cwt. Hare*s Wool, the pound 076 077 o lu I 015 o o 15 I o 17 6 o 17 7 056 030 068 0610 1 I 9 213 o 21+5 o q 1 I o 10 4 o 1 S 33 o o o 16 6 o o 1 •; o o I 079 O O I l):awlj.ick» Oil Import, ^' <' 4* "73 "73 6 ' 9 8 J y 8 014 6 o 16 8 o 16 S o 4 10 028 064 064. I o 3 I " 3 210 6 210 6 o 9 e 092 ;o 10 o o oi 070 Irijb AND C U S T O M - 1 1 O U S !•: O I F I C !•- U S. ! M 1' O R T I //W roniinwH Irijh Wool, comhcd or uiicoinbcd, duty free. Lamb's Wool, duty free, Puhiiiii Wool, duty tree. Kcd Wool, duty tree. Sheep's Wool, duly tree. .' >' ' tipaniih Wool, duty tree. Woollen Cloths, the yard — Manufadtures, of all Sorts including Holery, Frenc/j, and imported direftly into Gnat- Britain, for every loo/. ot the Value thercot". YARN, viz. Cable Yarn, the cwt. v"!aniel or Mohair Yarn, the pound « Cotton Yarn, the pound - < Cotton Yarnoflrf/timt i free. Crogram Y.irn, the pound tiijh Yarn, the j)acii, containing four cwt. at fix fcote pounds to the cwt. Raw Linen Yarn, the pound • Wick Yarn, the cwt. Woollen or Bay Yarn, the cwt. '- Yarn of Irclaihi -, free. Worfted Yarn, being of two or more threads, twitted, or thrown, the pound Goods, Wares, and Merchandize, prohibitci' to be utcd in this Kingdom, but allowed to be fecurea Ir. ware- ; houfes, for Exportation, not otherwife enumerated, for every too/, of the Va'ue thereof - GOODS, Wares, and Merchandize, not otherwife enu- merated, and not prohibited to be ufed in Great-Bri- tain, but allowed to be fecured in warehoufes for Exportation, for every loo/. of the Value thereof All other Goods, Wares, and Merchandize whatever, not being particularly enumerated, or charged with Duty, and not prohibited to be imported, or ufed in , Great-Britain, not exempt from duty, for every too/, of the Value thereof Drawback? Duty on l-'.xport. /;. /. d £. s. ArU'iiiLk, torcii;!!, t!ic poiiiul Uayhenics, foreign, tlie cwt. Urazil, i>r l'"criiainl.iicca VN'ooil, foreij^ij, tlie twt. BraxiUctfo, or Jaiiuica VVooil, lortigii, the int. Cambrics, t'orcign, and l-'reiulj Lawns, fctuitil in Warchotirts, under the 32 Cn'o. li. vap. 32. and 7 dfo. III. i.ip. 4;. on Exportation to the Hritijh Colonics in Amiiim, the picc-c, tontaiiiiir; 13 tiU Cards, viz. New V\'ool Cards, lirillll, the doitw - * m—— Old Wool C>ird.s, liritij':, tile dozen Cloth, viz. Whito Woollen Clotii, tonitnonly called Broad Cloth, the P'^'^'^ .■ . • r. ■ . Coals, ulually fold hy mcalure, vi/. - exported to li\hitul, or the llle of Man, the chalJer, containing _ 36 bulhels, ItiMbiJItT Meal'ure i to any Hritijh Colony in /liutrica, the thalder ■ exported to any other place, viz. in Britijh built Siiips, tlie chalder, A'c'u.'Cii/iii Meafurc — — in a foreign Ship, the chalder exported in certain quantities, from Ncn'cajUc and Sivaiijlct, to Jir/i'v, Gucnijly, and jUilcrney, under the Conditions, (i/c. dire(;kd "by the 6 Cito. III. cap. 40. tliechaldron, A't-uni/i/f Meafure —— ufually fold by Weight, viz. exported to /»v/ Cat Skins, the 100 - Coney Skins, dre.icd or tawed, the 120 . niack, with or \/ithout Silver Hairs, drciled or t' cd, the 120 Dog Skins, the dozen Elk Skins, raw, the piece Fitches, the timber, containing 40 Skins Fox Skins, the piece Kid Skins, in the Hair, the 100 Kid Skins, drelfed, the 100 Otter Skins, raw, tiie piece , ■ • tawed, the piece Sheep and Lamb Siiins, drcfl'ed without Wool, the 120 Sheep Skins, tanned, tawed, or drelfcd, the cwt. - Squirrel Skins, the 1000 Swan skins, the piece ' .;'".'. Wolf Skins, ti'.vod, the piece Skins, nut particularly enumerated, nor prohibited, for every 100/. of the Value tlicicof Sticklac, foreign, the pound ; - Tin unwrought, the cwt. Turnlall, foreign, the pound - Valonia, foreign, the ton, containing 20 cwt. - Vcrdigreafe, foreign, the pound ,.^ Wool, viz. Beaver Wool, the pound All other Goods, Wares, and Merchandize, of the Produdion, or Manufadure of Gnat-Britain, the Exportation of which is not prohibited, may be exj-oi ted without payment of duty, it regularly entered and fhippcd ; on failure thereof, fuch Goods, &c. Ihall be- fubjed to the duty, for every ioo/. of the Value thereof 9?! ^I> c /. J. 5 6 c II 5 10 2 5 2 5 10 I 2 3 7 I 2 to 0:- 4 5 I 2 7 5 10 I 0.^ \ 9 o:- 5 I a I 2 I 6 I 2 3 2 I 2 I lO I 7 y 0: I 2 9 I 2 2 9 2 4 5 10 0; 3 4 01- 3 11 I I a 5 10 o DUTIES /N^ 984 O F T H K C U S T O M S DUTIES payable, and Drawhacks allozvcdi, oti fuiuby Arlkhs carried Coajlutfc or from Port to Port in Great-Britain. W"«, ^ COASTWISE "^OALS, except Charcoal made ot' Wood, carried --* coi'.ft-wile, except into the port of io^i/s;;, viz, in cafetliey are luch as arc mod ufuallyfold by Weight, the toil, contaifii.'ig 20 cwt. taming t)uty I l')rawb;\ck ':f11 in cafe they arc ufually fold hy'the chalder, or any other nieafure reducible thereto, the -^halder con- taining •;6 hulhcls Culm, except into the port of Lornhn, tliC chalder, containing 36 biillK-ls, li'mchrjlcr meal'urc Cynders made of Pit Co;.], to any port in Great-Britain, for every chaldtr, containing 36 bufliels Coals, Culm, and Cynder';, from tlie Bridge of Stirling, on tlie tirth of Forth, to the Town of Diodnir, or to Redhead, or any p.irt betwixt them, or from Ellen Foot to BanivFnd, in the County oiCui/i/Hrland, or any place between them, duty-free. Coals, except Charcoal made of Wood, brought Coafl- wile into the port of London, viz. in calb they ar ; fuch as are moll ufually fold by weight, tlic ton, con- ' _ :o cwt. in cafe they arc fuch as are moll ufually fold by the chalder, cr any mcaUircreduciblc thereto, tlie chalder Culmn, JMought coall-wife into the port oi London, the chalder, containins; 36 bufliels Coals brought coafl-wifc into the port of London, for the Royal Hofpital itCMjca, not excecxling loochal- ■ der by the year, the chalder Coals ufed for melting Copper and tin Ores, within the • Counties of Corniii;!! and Dezcn, or in Fire J'jigines for the draining Water out of the Mines of Tin and Copper, within the county of Cornicall, a Drawback of all tlie dutisepaid thereon; fee 9 jlun. cap. 6. and 14 Gee. Jl.cap. 41. For all Coals uled in fmclting Copper and Lead within the Ifie of jUiglefey, or in Fire Fngines for draining ^ Water out of the .Vlines of Copper and Lead, within t;:c laid Ule, a Drawback of all the Duties ; provided the Amount of fuch Drawbacks fliall not exceal the •"' Sum of 15C0/. in any one jear; fee 26 Geo. III. cap. 104. .Cuiin, to be uftd for the burning of Lime, viz. in ' Ships, or Vrllels, not ttxceeding VQ tons burthen, from the Port of Miljord, to any other place within the ■ counties of Pembroke, Carmarthen, Cardigan, or Me- rwiiHh, the chalder, containing 36 bufliels Win'.s, viz. I'renc/j Wine, in bottles above 3 dozen, or in a calk or calks exceeding ten gallons in quantity, (lupsftrandod. .1. u '■ ' I ■> f' "'J •'•'■> •'*►•■ II o 8 a 8 10 6 8 6 4 '5 o o o o tr o o* 1(>1«>I O O o o o o V*^ ^ .^ I '••(• > ' ' *• •' . ' - ; i '-; '>!.'.. i^-t. f.' 'nri-'ii •M f.-i« 1 n. '/ 1 ' ' . 1 1 - ','' i't ,.^; ,.\ydJ:^ - , Ui(/»'Ji ' '. 1 • • ( .|'»j .■ If' <:■* /i , ,,\ .\,'( .•»! jl- .' ,lM I»l ,1 ' ■■S^ . . ■:'! 1 t. - .3c . 111 . . J». w . .ii_ 1 t . 1. ;.» w- t\%>: . . . .'■ ' t' 1''. .11..;: .*bi|H)iiit a IMopcr I'crfon to report the Ship's Arrival, aiul !'• malu- (lie i'jitrics Id tlic -oil};; Room iip-(lairs at the C'liltoin-lionlc- ; aiul the Maiimir of traiil'adHiig this Uuliiicfs foHows here in order. ',....., 1- Form of ICn IK ins inwards. •, . > '■' '. WMKN a Ship arrives, on which a Merchant has any CJoods, it is iirual fur him to apply to (umr Clerk in the l.oiij^ Room at the ('itilutii-hotilc to make the luitry, will) computes the Duties, and direds him where to pay them in, for which his t;hargc is very fmall ; however, if one has a Mind to avoid it, hcimill draw out A Bill oj' Entry in the t'oUowing Manner, viw,. Loiiilott, OiVoiie'/- the 25th, 1791. In the Union, Tbomus Richarilfou a Aliaiut. s. r. S. T. No. I d 10, Tea Bales of Ahnuiids, containing 6u 6'ic/, 27. 34 4 4-20 per Cwt. X,' 103 : I of which the Merc'iunt mull make feven, the one written in Words ut length wliich is to paft, and tailed a Warrant j and in the others, the Conteiits may be cxprcU'ed in Figures, which are all delivered to the proper t'lerks in the Long Room, who attend for that I'urpol'e, from Ten in the Morning till two in the Afternoon j and having j>aid the C iilloms into the Trealiiry, a Receij)t is given for them, and Ofhccrs appointed fo fiH)n as others coiRerncd in the Largo have taken the fame Steps. Hut previous to this Rntry, the Ship tnull he reiwrted, the Method of per- forming which I Ihall add for the Sake of thofc who may be as well Owners u^ Merchants. On the Ship's Arrival in the River, the general I'raditc is to nomin:ite u I'crfon to art as a Ship's llulband, except an Owner has a Mind to perform thiii Part himfelf, who iiuill take an cxadt Account of her r.adinir from the ('ap- tain's ManifelV, and retiort the fame at the Cuftom-houfc ; wnich Jjc docs by making two Copies, the one on a blank Sheet of Paper, and the other on a Paper with the Oath to be taken by the M.ifter of the Ship, printed on it, given l)y the IJllicrof the Cullom-houfe, who generally attends at the upjicr lind ol the Long Room, to adminillcr Oatlis, ^c. And the Report is to be made in the fub- fcqucnt Form, viz. , . ,, ,, , To report a Ship. After cxacHly copying the Manifell on the two Sheets of Paper, as before mentioned, you mull go to the Comptroller, or to the Deputy Comptroller, in the Long Room of the Culloin-houfe, accompanied by the Mafter, and read the two Manifells over with him, of which he retains that written on the plain Sheet ; and the other with the printed Oath, you nuift return to the Ulher from whor., you received it, who, after examining the Mailer concerning the Ship, and this latter has I worn to the Manifell, the Ulher diredts you how, and to whom you mull pay for entering the Ship, and your next Hulinels is to lee, 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 let the Ship to work, and begin her Dil'charge OmiJ/ions in a Report. When upon the Delivery of any Ship, it appears that any Part of the Cargo has been omitted in the Mailer's Report, and he applies to the Collector to amend the r.iine ; though the Officers have not any Realon to believe, but that I'uch Omillion was through Inadvertency, and without any Dclign of Fraud, yet the fame Ihull not be jK-rinittcd as the Law Hands ; but the Honourable the Cominif- . c fioner« !B 983 OF THE CUSTOMS .. „ fioners arc to be acquainted with a true State of the Cafe, and if they arc fatif- ficd, and are pleafed to give Leave, then the Goods fo omitted, may be added to the Report, after the following Manner : Third Day of March, 1791 — Added by the Commiflloner's Leave of the 8th-. ultimo. D. S. — 4 — I Cafe — Linen — David Smith . .■-, .. J.-...J '■■ . Pifiwi "'^ ■"-■"* ■ ji,B. Majlcr. : ..,,,, And then the Report is fworn to de novo, inferting the particular Days under- j neath that, when fwore to before. ij /irrsrt; DircSlions bow to proceed after the Report is made. cctij AB No. CD EF GH 4 8 5 9 The Pcrfon diredted by the Owners to take an Account of every Merchant'* ' Goods as they are delivered, called the Ship's Hu(band. having got the Land- ' waiter's Name, who is appointed for the Ship, he applies to him for Information •' of what Merchants have made their Entries, and for a Copy of his Warrant, • 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 Huiband 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 Margin, and oppoiitc thereto, he fets down the Marks and Numbers of each Parcel as they are l.inded; 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, upoa tht Goods. / When the Gc^ds are weighed or mjafured, and the lvfer-« chant has got :n Account thereof, and finds his Entry already made too imall, he muft make a Poft-Entry for the Sur- ;■, plufage in the fame Manner as the firft was done. j And as a Merchant is always in Time to make his PoU, he iliould take Care not to over-enter, to avoid as well the Advance as the Trouble in getting thcOvcr^ <\ plus back; however, if this is the Cafe, and an Over-Entry has been made, and more paid or bonded for Cuftoms than the Goods really landed amount to, the Land- waiter and Surveyor muft figni'y the fame, upon Oath made, and fubfcribed by the Perfon fo over-entered, that he, or any other Perfon to his Knowledge^ had not any of the faid Goods over-entered on board the faid Ship, or any where ^ landed the fame without Payment of Cuftomj which Oath muft be attefUd j/ by the Colledor and Comptroller, or their Deputies, who then compute the^j. Duties, and let down on the Back of the Certificate, firft in Words at Length,,,,j^ and then in Figures, the Sums to be paidj which Certificate and Endorfewaeat ^ are as follows: ThtQll.TiriCATZ. Thefe are to certify, that J. F. did pay hu Majefty's Duties invrard in the Dolphin, Thomas Whedir, Mafter, from tbi; 5«W, the 9th Day of JWiay, 179.1, for 1 24 Ton of Iron, 35 hundred ai>d a half of C^per in Plates, and 800 hun- dred Clap- Boards j and we the Officers underwritten did examine the lame at the Delivery thereof out of the faid Ship, and found nc more than 1 1 8 Tons of Iron i 33 hundred Weight of Copper, and 763 hundred Clap-Boards : And for further Manifeftation of the Truth hereof he made Oath, that neither he, nor any other Perfon, to his Ufe or Knowledge, had any of thof : Goods over-entered on board the faid Ship, or in any Place landed them without paying Cuftoms. Dated at ^^ the uifliom-hotift, London, the 14th Dty of May, 1791. fT. B. surveyor «rf: -A-.T- Surveyc H. S. Land\ 1 waiter. Jurat, y. F. that the Contents of the above-mentioned Certificate are ^ .;"'i- ^«.jI/ : true. y.F. As AND CUSTOM-HOUSEOFFICF. RS. As the Difference is very great between the Duties paid by Britill) Subjcds» and thofe paid by Aliens, it is necclTary in this place to oblerve, with Rdpeifl to the making and fubfcribing of Merchants' Entries at the Ctijlom-houji, that any Britilh Man may cuftom, in his own Name, the Goods of another Britifli Man ; fo may one Mcicliant Stragner enter the Goods of another Merchant Stranger : but he that fo enters the Goods of another Perfon, whereby the King lofcs his Duty, forfeits the Goods to the King, &c. and likuwife all his owa Goods and Chattels for ever, i Eliz. Cap. ii. S. 6. Bills of Sight. When Goods come configned to any Merchant, and he has liot received any Invoice, Bill of Lading, or other Advice, from bis Correfpondent, or happens by any other Caufe to be ignorant of the real Quantities and Qualities of the faid Goods, fo that he is not capable of making a pcrfedl Entry of the fame, he muft acquaint the Colledor and Comptroller thereof, and defire a Bill of Sight, or View, in Order to have them brought on Shore and examined ; who, upon the Merchant's making Oath to the Truth of his Allegiations, and depofiting fuch a Sum of Money in the Colle(5tor's Hands, as may be conjedtured to be fufficient to anfwer the Duties, will grant fuch Bill. The Form thereof, and the wbok Method of Execution mull be as follows : ? January 23, 179 1. In the Britain of London, Jonathan Dad Mafter, from Oftend. Edward Hague. . Sight (-2 Cafes 1 yf. F* ii Bale lof Merchandife, Quantity and Quality unknown. N^. 1 to 5.1.2 Packets J Andrew Fountain maketh Oath, that neither he, nor any other Perfon for hi« life, has received any Invoice, Bill of Lading, or other Advice, or doth know the Contents of any of the Goods above mentioned, fo as to be capable of making a true and perfect Entry thereof, without having them firft examined by the Officers of the Cuftoms. , Jurat. 22 die Januarii, 179 1. Signed Edward Hague, > Coram me A. B. Colledor. Sufficient Money being depofited to fecure the Duties, you may permit the Goods above mentioned to be landed under your Care, and to be brought to his ^ Majefty's Warchoufe, to be there viewed, examined, &c. by the Surveyor and ; the Land-Waiters, who are to endirfc the particular Quantities and Qualities on • the Back hereof, and return the fame to us immediately, that a perfedt Entry may be made .• but the Goods arc not to be delivered till fuch peneft Entry be - made, and his Majefty's full Duties be paid. Depofited one hundred Pounds. R. M. CoUcdtor, T. W, Cuflomer, /. L. Comptroller. '£. B. Surveyor. Tide- Surveyor. ., ' . . rE.B. s A W, A. 1 ^"^C. R. \ 'M it ■i n I II Land- Waiters. , .,., Time allowed to export hy Certi^ate, ' * The Merchants are allowed, for their fhipping off Tobacco, Sugar, Ginger, Pepper, Bugles aliat Beads, Cud and Bar Iron, dyinz Wood, all dying Waits and Drugs, eighteen Months to Britijh, and fifteen Months to Aliens, to have their Drawback ; and all other Goods, twelve Months to Sriti/h, and nine Months to Aliens. », jandgAn. Amber Beads, rough Amber, Coral Beads, and poli/hed Coral, and all Cow<- rics, may draw the hnpofl 169I exported in three Years. 4 and sir. u T No ■odAf. f 1 990 ' ' ' O F T n E C U S T O M S ■ - ■ 7 No Duties or Cuftoms are to be taken for Prize Goods, conlifting of any Militap' or Ship Stores. Wines which, at the Time of landing, Hiall be damaged, corrupt, or unmerchantable, atid which (hall be given up to the Officersi of the Cullomsi, to be publickly fold, in Orde- to be diilillcd into Brandy, or to be made into Vinegar, in Manner diredted by the Aft of 12 Geo, I. /or tie Im/irovcmcnt of his Majefiy's Revenues of Cujloms, Excife, and Inland Duties t are not chargeable with the Duty of 3/. per Ton. Almoft all Goods and Merchandize imported, pay Duties, and are to be de- livered either by Tale, JVeigkt, Meafure, or Gauge, Thofe which pay Duty by Tale, are, at the Delivery, to be tallied at one, ten, twenty, tSc. according to the Nature of them ; and as the Merchant can- not, generally, have r,\y Pretence for a ftiort* Entry in Goods by Tale, therefore his fuppofed that, in Stridtnefs, no Poft-Er.try Hiould be admitted of. Goods paying Duties by tVeight, are to be brought to the King's Ikam, and V. jghed, in Order to adjuft the true Quantity for which his Majcfty's Duties ought to be paid ; for, in Confidention of the different Proportion which foreign Weights bear to the Britijh, the Wafte, Gff. which may happen during the Voyage, and the Draughts and Tares to be allowed on the Landing, it cannot be expefted that a perfedl Entry can be mac'c at f^rft j but to enable the Merchant to make the ncareft Eftimate of the true nett Weight to be en- tered, he will be furnifhed in the Progrefs of this Work with a Table of the Pj-oportion which all foreign Weights bear with our's, and alfo with the par- (icular Draughts, Tares, &c, on all Goods imported ; abftraded from . Mr. Crouch's 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 Huft>and, arc to enter in their Books, ^nd fliould check with one another every Day, and from the Tof^l of tlie faid Grofs Weight is to be dedudled an Allowance in Conlldcra • tioK ^ - . .". Draught, according to the following refpedUve Weights, viz. On all Goods imported, .S-i^lH "." weighing under i Cwt. From I to 2 2 to 3 3 to 10 arJ li. Dra. ^■■jt 10 to 18 1 8 to 30 or upwards <)Gm.l.C Except Tobacco of the Britijh Plantations, which is to be XI. s. ij. Pounds Draught only, for every Hogihead of 350/iJ. or upwards. Thefe Allowances for Draughts, the Landwaiters may, when I -4. - 7 9. allowed eight they arc very different, infert in their Books, oppoiite to each refpedive Draught , or, when tkey are not very different, compute the fame, by counting the N'unber of the Draughts at each feparate Allowance. * The Allowance for Draught bebg deduced, there is, in mofl Cafes, a far- ther Allowance to be made out of the remaining Weight, called Tare, being a Confideration for the outfidc Package that contains fuch Goods which cannot be unpacked without Detriment: or for the Papers, Thrcadi, Bands, ^c. that inclofc or bind any Goods which are importe^oofe ; or, though imported in Cafks, Chefls, &c, yet can be unpacked and weighed nett. Several Sorts of Goods have their Tares afcertained, and thcfe Tares are not to be altered or deviated from, in any Caie within the Port of London, unlels the Merchant, or the Officers of the Crown, thinking themfelvcs prejudiced by fuch Tares, fhall defire that the Goods noay be unpacked, and the nett Weight taken ; which may be done either by weighing the Goods in sach refpedtive Cafk, Qfc. nett, bri as is pradtilcdin the Eajl-India Goods particularly by picking out feveral Calks, &r. of each Size, and making an Average, and fo computing •i3il. .•)(U AND CUSTOM-HOUSE O I*F I C E R S. computing the reft accoordingly. But this muft not be done without the Confent of two Land-Snrveyors, attcfted by their Hands in the Landwaiter's lioolcs ; and in the Out- Ports, not without the Confent of the Colleftor and Surveyor : And as to thofe Goods which have nut their Tans afcertained, two Land- Surveyors in London, and the Colledlor and Surveyor in the Out-Ports, are to adjuft and allow the fame in the like Manner. Sometimes the Calks, (Sc. are weighed beyond Sea before the Goods are put in, and the Weight of each refpedtive Calk> ^c, marked thereon, as Ls ulual for moft Goods imported from the Britijh Plantations, or elfe infertcd in the Merchant's Invoice ; in which Cafe, if the real Invoice be pr >uccd, and the Cti'iccrs have fatisfied themfelves, by unpacking and weighing fomc of them, that thofe Weights are juft and true, they do then, after having reduced them '"• to Britijh Weight, if not fo before, efteem them to be the real Tares, and ■^*'' pafs them accordingly; though fometimes the Tares on the Cafk, Off. are wholly difregarded, and the real Tares taken. •'■• Bui the unpacking Goods, and taking the nett Weight, being fuppofed the , ■' juftcft Method, both for the Crown and Merchant, it is ufually pradlifed in the *' ' Poit of London, in all Cafes where it can be done with Conveniency, and with- • '-. out Detriment to the Goods. ' '- Goods, delivered by Meafun; are under three different Rtgulations .- "'■'" I. Such as Linens particularly; which arc 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- ■*' ients in Britijh Ells are often annexed to, or marked on each Piece, and like- wife inferted in the Merchant's Invoice ; therefore there will not be any Ditfi- ■ • culty in making a perfe(P- Entry: So that no Poft-Entry will be admitted in • ;■' this Cafe. ■- And for fuch Linens as are contented in foreign Meafurei, the Table, which • will hereafter be inferted, proportioning them to the Englijh, will enable the Merchant readily to find their Contents in Britijh Yards or Ells, according as the Nature of the Entry ftiall require. But thofe German, or Eaft-Country Linens, which are not contenttj, by reafon the feveral Pieces of each refpedtive Sort arc generally about th* fame certain Lengths, may be entered, by computing the whole Quantity at fuch ufual Lengths, and delivered by the Officers, by meafuring fome of the Pieces, and computing the reft accordingly. 3. Such as Pidluies, Grave and Paving Stones, and Marble Tables particularly, which are meafured by fquare and fuperficial Feet. Such : s Marble Blocks, and Timber particularly, which -^re mrafu/cd by '••" folid or cubical Meafure. Goods delivered by G^/tt^*-, are Wines, (^c. and all excifeable Ljqnors, whofe «! •'- Quantity to be entered may be pretty nearly determined by copfidering the Size "^' of the Calks, and what accidental Leakage, or other Diminution, may have hap> ' -^^ pcned during the Voyage. Before any Goods are delivered by Virtue of any Warrant, jhe fiune luuft be copied into the Landwaiter's Books, as a Foundation for the Delivery, diiiin- fuilhing the Date and Number of the Entrv, the Merchant's Name, the total >uties paid, the particular Packages, with the Marks, Numbers and Qu^^ttities " of* the Goods, for which the Duties have been paid. • ' And at the Delivery of the Goods, underneath thefaid Copy of the Warrant, '^ muft be inferted the particular Manner of the Delivery, as the Tale, Weight, Meafure or Gauge, with the refpedtive AUowanceb, for Draught and iare, ^'^- where the fame are to be allowed, from the ToUl -, wherefrom the Quantity firft j^- entered being dedudted, the Remainder is the Quantity, for which a Poll or ''* additional Entry is to be made; and when the&me is made, the Date and "■Number of fuch Entry muft be inferted, oppofite to the £ud /hert Entry, as ^ ''■ will be illuftrated by three or four Examples annexed. . . „ , V- .' tlSk . .. .- i»w V. . •< ' .; » J. Vi -:t-» .._._«.-.. — ,j.-- ■--•• • -■■« 'Tp-" • .V . 99 « il' n I 9=9 O ^ T H F. C V s J O M S In making Entries it h ufual ',ot .Merchants tu include all the (iuodi thrv have on board the fame Ship in t)ne, though Ibnicliincs they may happen to In- of twenty leveral Denominations, or more; and as it is enadted by i3 Cur. 11. Cap. 4. &e£l. 4. to which fublcquent Ai.\s have had Reference, That if ai'j Goods, or Merchandize, be brought from Parts beyond the bcas into this Realm, by way of Merchandize, and unlhippcd to be laid on Land, Cuitoms, and other Duties thereof, not paid, or tendered to tlie Colledlor, &(-. nor agreed with for the fame in the CuAomhoufc, then the faid Goods and Merchandizes (hall be forfeited ; therefore there was fome Years ago a Rcfolution of the Court of Exchequer, that, to admit of Poft or additional Entries, where Goods arc ihort entered, the Goods fo ihort entered being laid on Land before Payment of Duty, is a Matter of Favour and Indulgence, to prevent fuch Goods from For- feiture ; and though, in Goods delivered by Weight and Gauge, it is almoft im- poUible to make a perfect Entry before Landing, yet in Goods delivered bv Talc and Meafure there cannot be any Excufe or Pretence for a ihort Entry, and there- fore, as has been before remarked, it ought not to be allowed. Examples of the Examination and Delivery of Foreign Goods imported. tt)\ oS December, 1791, No. 45. nx)\o( December, 1701, No Benjamin James jQ\o 12 2^ John Siams jf o o o B I. No. I a 10 TenCafks, containing I. S. No. i a 3 3'- C. 50 o c of Allum. No. \^. I 2 3 4 5 6 I 9 10 10 1+ '7 »3 2+ 12 2 O 8 18 R. V. No. 5 K. O- No. 3. I. S. No. 2 3 I 7 R. V. K.O. 6 8 7 3 a 8. 7. 9. 12 12 12 ^3 12 »3 II '3 1 1 «3 1 .0 I 100 Caiks qt. C. of Argol. •4 14 H 7 o 18 H 18 26 o 62 2 6 I 12 Draught Delivered Entered Short 60 o 22 6 I 22 Tare at lalb. ■ - ptr Cent. 53 3 o , 50 o o 330 10 128 o 27 10 at 71b. o 2 14 Draught. 127 2 J3 15 3 .2 Tareat 141b. ■ " ■ per Cent. Delivered 1 11 2 19 , Entered 100 00 Short II 2 19 VufkAZ^Dcitmbtrt No. 18. PeAed the 17th December. No. 5. i5di AND CtJSTOM-HOUSE OFFICERS. t^ih January, 1791, No. 10. i^th January, 1791, No. 7. George Chafe ^C 8 6; Robert JJfjby jC« '3 2t Q. C. No. I a 10 — lodoub. Seronscont. R. A. No. i a to— 10 Sack(,cont. ao 993 ,, 45 C. of Barilla. C C.qr. lb. No. I 51 8 . •<' " • No. I . Weed Arties. . _. C.qr. lb. ; '^l 2 2 i , ■,...' 2 3 4 , ., 6 9 10 532 ' 2 4 3 '8 -3 4 2 27 • -■' ^ 5 I '° 5 5 3 22 « •»«'""-'> 6 5 2 20 7 5 3 17 '" " ' 8 4 3 25 "' ■' ' 9 603 ' • i- '•' 10 2 I 22 2 I 14 . ,. 2 I 16 . ,. 2 '^»9 i, 2 I 24 . 226 2 1 26 2 ' '5 — - 10 54 2 12 10 I 12 Draught ' — '■ 10 at 31b. 54 » 3 24 Tare at 361b. each 24 2 8 12 Draught 24 1 6 ■• ■- 2 24 Tare 81b. /^r Sack Delivered Entered Short 51 4 45 Delivered 604. Entered 23 2 10 20 Ported 24th of Tare thirtv-fi> January, No. 5. Short : Pounds fier double Seron. 3 2 10 ^l- ISurveyors. ^''^'^ '^'^ °^ >'""":>'• N°- 9- Note, It is fometimes imported in fingle, and fometimes in treble Serons o£ about the fame Weight. N ■- "• Of Landing anJ Lading. " ■** •' '^ The Merchants of London arc allowed to unlade their Goods at any of the lawful Keys and Places for landing Goods, between the Tower of London and London-Bridge, between the Sun-rifing and Sun-fetting, from the loth of September to the loth oi March, and between the Hours o? fx oi the Clock in the Morning and //A- in the Evening, from the 10th of March to the loth of September, giving Notice to the proper Officers appointed to attend the lading and unlading Goods; and fuch Officers as fhall refufe, upon due Calling, to be prclcnt, fliall forfeit for every Default c/. It may be lawful for any Perfon to (hip or lade into any Ship or Veflel, 00 the River oi Thames, bound over Seas, Horfes, Coals, Beer, ordinary Stones for building, Fifli taken by any of his Majefty's Subjcds, Corn, or Grain, th« Duties being paid, and Cockets, and other lawful Warrants, duly palled for the fame. So likewife Deal Boards, Balks, and all Sorts of Mafls, and great Timber, may be unlhipped, and laid on Land, at any Place between Limehoufe and IVeJi- minjier, the Owners firft paying or compounding for the Cuftoms, and declaring at what Place they will land them before they unfliip them ; and upon Licence had, and in the Prcfence of an Officer, they may unlade them ; otherwife they incur a Forfeiture. Form of Sufferances for landing Goods at an unlawful Key. Though foreign Goods and Merchandizes have been entered, and his M-je- rty's Duties duly paid, and a Warrant be thereupon granted for the Delivery thereof; yet, if the Merchant, for his Convenicncy, is defirous to land them II U at 9f4 OF r II 1! C U b 1 O M s at any other PLicc tlian the l.iwtul Keys appointcil hy his Miijefty's ComiDil'- (ion cut I'f ilv t oiii t ot l'..M.'icqiier, a ('pci.ial SuHlrancc jmill bt graiittJ lur tlijt Puipuic, altck the toUuwiiig iVlanner : III I he ^IJilithus ol" Stockbolm, Htini Carvel, from SiirJen. EilmunJ lioelm, Tlirec thoufand live hundred Bars, containing fixty Tons ot" Siin/l/b Iron^ two hundred and fifty Barrels, containing twenty Lalls of Ta'-. A VV^wrant hii\inglxen pafl by us for Delivery of the above mentioned tJcods, and the Importer having fignitied to us, the Ineoiivenicncy that would attend the bringing the f.ine to the lawful Key, we have granted this fpecial Suti'eranec foi i .nding the fame at ^'(;u are tlurelbre to permit the fame to be unladen into Lighters, and afterwards landed at the faid Place, in like Manner, and witli like Care, E.vmination, and Infpedion, as is ufual at the lawful Key : I'or which this iliali Ik your Voucher. Dated at the Cuftum-houfe, LcnJon, the zoth of .1/,/i', 1791. J. n. Collcdlor, B. C. Curtomcr, C. D. ComptrolLr. r D. K. Surveyor, .l.lUIT .11 .M I ., •■lii ( •.J.I. • I. .11; - t Landwaitcrs. Every Merchant making an Entry of Good^, cithci' inwards or outwards* Oiall be difpatched in fuch Order as he comcth ; and if any Otlicer or his Clerk Ihall, cither for Favour or Keward, put any Merchant or his Clerk, duly at- tending and making iiis I'.ntries as albrefaid, by liis Turn, to draw any other Reward or Gratuity troir him than is limited in tlie Adl of Tonnage and Poufulagf, and the general Kooks of Value, if the Matter Officer be found faul- ty herein, he ihall, upon L'oiaplaint to the thief Officers of the Cuftom-houfe, be flridly admoniflied of his Duty ; but if the Clerk be found faulty therein, he fhall, upon Complaint to tiie Lid chief Oificcrs, be prefently difchargol from his Service, and not permitted to tit any more in the Cuftom-houfe. Every Merchant lliail have Liberty to break liulk in any Port, and to pay Cuftom for no more than he fhall enter and land, provided that tlie Mafler of fuch Ship, make Declaration upon Oatli, before two principal OiHccrs of the Port, of the Content of his Lading; and fh ill declare upon Oath, before the Cuftomer, CoUedor, Comptroller, or Surv<:yor, or two of them, at the next port where his bhip fhall arrive, the Quantity and Quality of the Goods landed :U tlie other Port, and to whom they did belong. The Oilicers who fit above in the Cuilom-houfe of London, flull attend their fcvcral Places from nine to twelve in the Forenoon, ami one OtJicer or Clerk fliall attend with the Book in thf Afternoon, during tlich Time as the Officers arc appointed to wait at the VVattr-fide : All other the Officers of the Out-Ports (Ik'.II attenil every Day in the Cuftom-houfe between the Hours of nine and tv.elve in tlie Morning, and two and four in the A.^ternoon. The OfTiccrs of Gravcfend, having Power to vifit any Ship outward bound, fliall not without jufl Caufe detain her, under Colour of feaiching, 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 flull not without jufl Caufe detain any fuch Ship above one Tide, after the Ship is fully laden and ready to fail, under Pain of Lof's of Oilice, and rendering Damage. Of Entries Qufwards. d; >i c-i- i. When the CJoods you intend to export arc made up in the Packages you think proper, whether in Bules, Bags, Boxes, Cafes, or in any other Manner, you mufl carry the true Contents to the Cuftom-houfe, by a Bill of Entry like the following one, iv'a;. .....,- 6 ' In i I-. ..t I,...., J.I .:. -•-• U '. 1,1. i : I. ' AND CUSTOM-HOUSE OFFICERS. .( fi ;,. /« the Mitry, Jofcph Thomas, forLiJbon, T.S, T. S. Two Cafes of Hats, viz. N"" I ijt. 90 Doxcii. •. • ' 2 18 w Cafes 2 108 Dozen. '/. S. Two Trunks of Stockings. N«. I qt. 82 Doacn. 2 32 [ Trunks 2 — 114 Dozen. Of thefe Bills you niufl write fcvcn, and aft with them as directed for the Bills inwards ; and on having fatisficd the Cuftoms, you will have a fniall Piece of Parchment called a Cocket, which JtAifics your Payment thereof and all Duties for Inch CJoods ; and having marked and numbered your Goods, you cndorfc the (i.nic on the back of the Cocket, and of your fliipping Bill, men- tioning the true Contents of each Bale, is'r. This Cocket and Ihipping Bill you muft jiiive to the "earchcr with his Pecj and after paying the Wharfage and Portcrpgc of your Goods, )ou may fliip them off; and take Care that you re- mind the Perlbn 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 Lading. (■: . t . . „i ,,, ..i, T/bc Form 0/ a Cocket. « '^ KNOW ye, that T. S. Tnd. for loS Dozen of Hats, and 114 Dozen of/,^. or/,*. Stockings, in the Mary, Jojlfb T/jo/nas M^Aer, for Li/ltoti, paid all Duties, ^""'.lignifict Dated yluguji 30, 1791. On the Back of the Cocket write the Marks, Numbers, and alfo the Quan- tity of the Goods contained in the Cocket : Thus, nuiural-bum. n 11 N°. 1 I Cafe qt. go Dozen of Hats. 2 I Cafe qt. 1 8 Dozen of Hats. ^. S. X 1 Trunk qt. 82 Dozen of Hofe. 2 1 Trunk qt. 32 Dozen of Hofe. "•J If fev<;ral Sorts of Goods are exported at once, of which fome are free, and bthcrs pay Cuftoms, the Exporter muft have two Cockets, and therefore muft make two Entries, one for tiic Goods that pay, and the other for thofc that do not pay Cuftom. But to export Goods by Certificate, which muft be foreign Goods formerly imported, and on which a Part of the Cuftoms paid on Importation is drawn back, provided they are exported in the Time limited by Adt of Parliament, it is not futHcient only to mention the Marks, Numbers, and Contents, as com- monly pradifed in the Entries outwards, but alfo the Name of tlie Ship in which the Goods were imported, the Importer's Name, and Time of Entry inwards; andmake Oath, tliat the Entries for thofe CJoods were paid, or fecurcd to be paid, aa tlic Law direds. After you have made an Entry in this Manner, you arc to carry it to the Colledor and Comptroller, or iricir r3eputies, who, after exa- minini' their Books, will grant a Warrau, a Specimen of which is here annexed, which muft be given to tlie Surveyor, Searcher, and Landwaitcr, for them to certify the (^antity of Goods ; attcr whicii the Certificate muft be brought back to the Collector and Comptroller, or their Deputies, and Oath made, that the laid Goods are really (hipped, and not landed again in any Part of Great- Britain. I ^^i OF T H f, C U S T O M .*<, l\>!!jim. Thin lionc, they lit iloun, in Words :it length, on tlic Hack of the Dc-' hciuurr, ami then in Fi;^urct <»n the I'linc Siilc, the Sum ot tlic DiiticH, and , riihlliihc jointly to tlie VVholc. Hy \'iituc ol this Dclicntytc, the Kxpirter may, in one Month .ilicrthc ^ hip's Departure tVoni (Irfat-Uriiiiiii, ilemand hi» I3raw- b.itkj anil it" tlic Collciitor li;is not Money in Iiis HanJs to pay t!v Tl'.bxrnture, he is to icitily the l!nnc on ilic Hack of the Pchcnture, th;>.t tlic Kxjiorter may li.ivc RtcomlL' ti> th.e Coininiliioncrs, who :hc then to pay him. Suppolc thai //. y. Merchant ot" l.ohiicn, exports 2^ I^ojcn ot" Nai>kins, Holland's making, •ami 2^2 i'llr of' Hcllniid, which he imported before from ^lmjlci\kitn ; he makea his Lntry in the folhnving Man,.cr, -ciz. l.otiiljii, May J, 1 79 1. In tbc GiK)dfcllu\v, Samuel Jolinlon, y ing, and one Hundic, cont.iinnig two hundred thirty-two liils of Holland, im- poi ted the 20th of April la(l, in the l)rt:?^'iii, of Londiri, Samuel King, iMafter, from jimlli-rdiim -, the Cuftoms Inward being paid by the faid H. y. ths aoth of AtrilhxW. H. y. '1 lie C)olle J Three J AND CU 55 TOM- II OUST OFFICERS. When the money is received on this Dcl)cnturc, a Receipt may be given in the foUowifig Form, viz, T%ECEjyED, June the Mth, 1791, «/' the Ilonourrtblt Commiffiiintn of •»*■ his Majijiy's Cu/hms, by the Hands oi A. R. Colhi-hr, the Sum of eIn'tH Pounds, unii lon't Ptme, for the abovt Debintut\- . Per H. V. Wf •-• i' I Of Goods ^ re-importC(l or returned. Foreign. . JlCli ) I I- WHEN foreign Goods, which have been regularly imported, have been aftcrwardf exported, and are, tor Want ot Sale, or tlic great Scarcity of fuch Good*, Gi'i'. defired to be returned, or to be again imported into ;»ny I'ort of Greul-Britain, notwithdanding there is not any Law for fuch Re-importa- tion, yet, upon Payment of the hke Duties that were due upon the '.r(l Im- portation though perhaps the Ooods were exported out of I'ime, and con (e- qucntly were not intitlcd to any Omwhack, it is the Practice to indulge the Merchant in fuch Reimportation, although fuch Goods miiy be prohibited to be originally imported from the Place from which the Ship now return';, upon Performance of the following Requifites; The tirll whereof is, to ligni- fy to the Searcher, tiff, tiic Time when, and the Ship in which they were exported; who thereupon will have Rccourfc to their Hooks, and in Cafe they find that fuch Entry outwards was duly made, will grant a Certificate, or Duplicate thereof, a.s follows : In the fames of Liverpool, fohn IViUiams, for Petcrjburrh, Edward Mit. One thoufand Pounds of Virginia Tobacco, tiie Duties inwards wlicrcof were paid, and the other Duties fecured by George foncs, the tenih Day of Augujt, 1790. Dated the fourth of y/^r//, 1791. Tne Goods above mentioned were regularly (hipped off, but five hundred Pounds of the faid Tobacco *, for which a Debenture hath palled, being Part of the above Entry, are now returned in the -f- Sva-Horfe, facob Peters Mailer, from Petcrjhurgh, as the Merchant is ready to make Oath. Dated at the Cuflom-houfe, London, the 20th of Augujl, 1791. R. H'. Searcher. L. M. Land waiter. If the Goods were entered outwards at any other Port, this Certificate muft be granted by the Orticers of that Port j But if the Cocket whereby they were Ihipp'xl be produced, I apprehend that will fully ferve the fame Pur- poli;. And on the Back of the aforcfaid Certificate, Proof muft be made, by the Oath of the Merchant, that the Goods tlien returned are tlie fame therein mentioned. The Form of which Proof mull be as follows: 2olh i)i AuguJ}, 1 79 1. No. 4. In the Sea-Horfe, facob Peters Mafter, from Peterfburgh. Returned L. M. 7 Fifty Boxes, containing five 'hundred Pounds Weight o( Vir- No. I « 50$ ginia Tobacco. Edward Ellis maketh Oath, that the Tobacco above-mentioned is now re- turned as Part of the Entry outwards within mentioned, which was formerly exported from hence, and not fold, nor the Property changed beyond Sea; but he verily believes it to be the fame Tobacco which was exported as aforc- faid, and no other. , ■■'-^ ■•'^ (Signed) -:•'•'■ Edward Ellis. Jurat to Die Augujlus, 1791, Coram meK.B. Collector. * To be omicMd, if exported out of Time. II X I Ot the faine Ship and Maftf;. 1 Thereupon 998 OF THE CUSTOMS Thereupon an Entry muft be made* as for other Goods importe;i« ami tht Duties paid, or focured, being inlertcd underneath the Merchant's Oath; the CoUetitor, Cuftomcr, and Comptroller, are to fubfcribc their Names thereto, and direift it to the Surveyor and proper Landwaitcr, as a ^^*arrant for tlicir Delivery of the Goods. British Goods Returnid. '^ When Goods of the Produdl or Manufafture of Gidit Britain, wliich have been exported to foreign Parts, are, for Want of Sale, or any other Occafion, delired to be returned into any Port of Great-Britain, a Bill of Store may b' granted for the landing and delivering the iiune: As a Foundation for which, the Searcher, tsfr. niuft be apphcd to, for a Certihcate, or Duplicate of the EjUry outwards, in like manner as before dJrcdtcdfor foreign Goods. Whereupon an Entry muft be made in the Book inwards, as for foreign Goods imported j ai)d the Collcdor, Cuftomcr, and Comptroller, having I'ublcribcd; their Names underneath the Merchant's Oatii, tlie fame is to be direfted ff» the Surveyor and proper Landwaiter, as a Warrant for their Delivery of the Goods. Hut as it may fomctimes fo happen, that the Kntry outwards cannot be fixed ufMjn, by Realoii of tlie Dilbance of Time, the Lois of Papers or Ac- counts, or feveral other Accidents: Therefore, in that Cafe, as there cannot be any Proof; the Oath of the Merchant only muft be deemed faflkient, aad' may be taken as follows : '; ' ' ■/ f; '^ In tlic Good-Luck of BriJloJ, yohn D^rby Mafter. - ■ ■ '■ ' ■ Richard White. T. L. ■> Bales No. I, 2, 3.5Containing fifty Pieces of Woollen Cloths of Briti/b Manufar. .mij^ .. /. K. LandwniMr. «>l ! The AND CUSTOM-HOUSE OFt^ICERS. . . ,. , . , . ,. Tibe Entrv and Certificate. '." ' t •'■:,- ''■ • ■■■> . Loudon, yitnc ig, 1791. /"« /^t' Sca-IIorrc, o/'Harwich, VViIlia:n Tims, /or Dublin. /. G. Two hundred fifteen Quarters of Wheat, Winchfjler Menfurc, ^ritijh Growth, CuAom free. Tbefe are to cirtify, that I. G. Merchant o/' London, hath Jkipped two hundred and Jiftcm garters of IVheat, on hoard the abovcmcntiShed Ship for Dublin, and that the Price of the Wheat of the Meafure aforfaij, in the Port 0/" London, the lajl Market -Day, did Kot exceed forty-four SUHingsper garter. I. G furat. I. G. and P. B. that the Contents of the abovemcntioncd Certificate arc true. ••-..<> '. /. C. ;.,,...■. . ■{ :■[ p-^- " ' Note, *f here mud always be one joined with the Exporter in giving Bond and making Oath for Exporting Corn. 1. :ir.,t ;■ . "^^^ WARRANT. ' ', ' "' .! /« /^f Race-Horfc, ©/"Harwich, William Tims, yir Dublin. Two hundred fifteen Quartcis of Wheat, fVinchefler Me tfure. To the Surveyor and Searcher. ' /. G. London. The Debenture. ^HESE are ta certify, I. G. Merchant, Ind. did on the i()th Day of Jane, 1791, e'lter, and have jUpped for ViwhWn, in the ^cA-iiork, W/ifrc;/' William Tims, Ma/ii-r, and twi-thirds of the Mariners, are his Maje/ly'r Siil/jc^s, tiuo hundred J f teen a^narters IFheat, Winchefter Meafure; and that the Price of the Wheat of the Meafure afirefaiJ, in the Pott of London, lu!i Market-Day, did not exceed forty-four SbiHings per garter. Witntfs my Hand this H)th L G. •Dayof]nnt, 1791 Jurat. I. G. That the Contents of the abovcfiid Certificate arc true. Concerning Sufferances of Baggage. Paffengcrs' Baggaf,o, containing their Wearing- Apparel, Gfr. arc permitted to be landed by a particular Sufferance diredtcd to the Surveyors and Landwaitcrs appointed to the Ship, who, after Examination, arc, on tlic ijack thereof, to return a particular Account of each Palfengcr's Baggage to the Commidioners in the Port oi London, and to the Collecftor in asi Out- Port; who will order fuch Part as appears to be worn, to be delivered without Entry, provided they are not made of Goods prohibited to be worn in this Kingdom ; but fuch Clothes, or fmall Parcels, (Sc. as have not been worn, and are cuftomable, will be or- dered to be entered, and thole that are prohibited, to be profccuted. t:t. Suppofe a Sufferance fr 3 Trunks, 1 1 Box, ^containing Wearing- Apparel, Linen, and Woollen. «.\ ,1 . 2 Portmanteaus,] Tbt 999 I p.. 'i! W til looa OF THE CUSTOMS The Examination to be cm'.orfed on the Hack of the Sufferance \ thus: * * ,-! 27 June, 1791. Examined, 3 Trunks, 1 Box, 2 I'ortmantcaus, containing 4 Suits of old Wear- ing-Apparel, 16 Shirts much worn, Papers and Books of Accounts, 20 pounds of printed Dutch bound Books, i India Dam»'\ Nightgown, 2 Pounds of Tea, 3 Pounds of Chocolate, 2 Remnants, containing 20 Ells plain Holland's Linen, under 1 ; Ell wide. « ... ,, ,. A. B. Surveyor. „ ,v • "'' ■•, ' ••'^ ■• ' * CD! • •• ' >•(.;'-'• • p* ILandwaiteJs. The Bov.nd Cooks and Linen to be entered j the Nightgown, Tea, ajid Cho- «.« late to be prolecuted, and thercll delivered. CommifTioners. For every Sl> For every For every For clcui ex For every For every f .vmaki The whole Proceedings to be entered in the Landwaitcr's Books, with the Date of the Order for Delivery, ^c And to finilh this Subjedt, when the Landwaitcrs to each Ship have made true Enterics of the Delivery of all (lootis in their Books, and peri" illy adjuded them, they are, before they deliver them to the Jcrqucr, or Surveyor in thofc Parts where there is no Jerquer, to certify the fame under their Hoiids, after thn lintry of the lart Article, thus : Thi, Ship is regularly difcharged, and all Poft-Entcries duly made. A. B. Landwaiter. The Fees, and Ai.i.owancks that are due ^nd payai/e to the Officers of his Majelly's Cultoms in the Port of London, &c. are as follow. /'■>, Oficcrs of the Petty Cujhms Outwards, i'lir .1 CK.th CocUet by Kngliji: I'reemen of London. o l-ci- a l-tranner'b Cocket, or I'nfrcemen o 1 u! a Ci(jth (."erniicati;, by Strangers, ov Er-glijb, to pafs r.icordin^ to tlie old Kate o For a Ship's Hntry eroding the Seas o For a Slii|>'s Entry to the Streights, or dinarics, or Wejiern lilands I Fiir clearing of Ships, and examining the Books i For fv rry Indorfemcnt o l-'or making a Bond to the King's ufc o 1 ur every l'.i\tr) in tlie Certiticate Book o V') the Cuftomer's Clerks for a Cloth Cucket or Certificate o lor a bliip'i Entry crotling the Se.!s o Cufto- mer. S. d. 6 8 8 4 o o + 6 2 6 4 Comp- Itoiler. 4 6 4 4 o 6 Sur- vevor, S. d. o 4 o 6 Surrey. Gem. d. 4 6 o o o o I o 02 02 01 Sui/idt OF THE CrSTOMS Subfuiy Out-wards. Coilfc- (or. Cotnp. troller. Sur- Survey, vcyor. G«n4 o 8 For every Ship's Entry 'vitliin the Levant, or beyond the Strcights Mouth Foi- every Ship's Entry , going to any other foreign Parts For every Ship's Entrygoing to the out Ports For clearing of every Ship, parting to foreign Parts, and examining the Contents of the Ship For every Englijh Cockct, by Freemen For every Stranger's Cocket, or Unfreemen oi London F'V making every Certificate Cuc^ct, as well Englijh as Strangers, for Goods which paid Subfidies Inwards, and pay no Subfidy Outiaards For every Certificate upon Warrant, from his Majefty, or the Lords of the Treafury, paying no Duties For Indorfcment of Warrants and Licences For Foaring 13ill, Liccnfing fuch as bring in Viduals, to carry out fome Beer, as by Store Coaft Sufferances, are to be given without Fees. For every Coaft Cocket outwards, and en tcring in his Majefty 's Books, fora whole ShiporVcfTel, pafling into the open Sea For a Bond for the fame For difcharging the fame Bondj filing ihr Certificate to the faid Bond For making every Certificate of Return For making, entering, and keeping an Account of every D-benture, for repaying of half the Subfidy, or otiier Sums of money For making and entering a 'Tranjire, or Let Pafs, from Port to Port, in England, l^ales, or Berwick To the Clerks for Co(;ket, by Englijh or others For a Ship's Entry crofling the Seas To the Clerk of tlie Coaft Cockcts, for making a Bill, or Ticket, to tlie Lord-Mayor for Corn, Viduals, or other Provifions Petty Cufom: Inwards, For every Stranger's Warrant For taking every Bond For every Bill at Sight For difcharging every Bond For every great employment, to employ the Proceed of Goods Suhjidy Inwards. d. s. d. s. d. s. d. I o o 4 2 O I 10 I O 04 04 1 o t 06 06 06 o 4 o 6 o 4 o 8 o 4 04 04 06 06 04 04 8 6 '8 06 06 06 06 08 08 08 I o o 4 o a to 04 O 2 O 2 2 02 .1 s. 04 04 02 2 O 4 Cufto- raer. S.d. Comp- troller. S.d. Sor- Sarver. veyor. Gen. J. d. S. d. 2 6 2 0202 1 6 oods c 6 I I For every Warrant by Engli/I: Freemen of London For every Warrant for Strangers, or Unfreemen To the Clerk for making the Shipper's Entry For making a Bond to his Majefty's Ufe For every Oath adminiftred by the Collector For a Shipper's Entry with the particular Contents viz Fiom the Elajl Indies Uitto from the Streights II Y Cufto. mer. s.d. »4 06 I o 06 O 2 26 a. 6 Comp- troller. S. d, 04 06 Sur- Sun-et. vevor. Gen. S.d. 04 06 S.d. o 4 o 6 looi i ; ' I 1^ Fop ^02 OF T H F, C I' S T O M S Cdllfc- C'omp- S«r- Siuvty. ' .. tor. trnllc:. vcyiir. (icn. S. For a Shipper's Entn,', witli tlic particular Content, vix, I'wm Sf'iiin, Pcrtir'iil, anil tin- It'ijl-liulii'i; or }'.fi\.jijl: Plantatiiins 2 o Ditto from Dunkirk, or Fni/u-t' i o Ditto troni FL.-.tiWs, //;//'.///« 06 02 02 02 F'or c;ifting up the Sum, and keeping an Account of every Debenture, and paying; tlie Money o 8 For every liale, I'ack, '1 ruf>, Chell, die, or other Fack- ■.v^v, hrouj'jit into the King's Wurehoiiie; to he allowed to the Otiicer, \vhen the Merchant is (liort , entered above five Shillings, to he paid to the pr(>j)er Ofliccr, 'Fwo-pence '- C;r!:.\T Ct:sTO\.*. Ciiflo- Cotnp- iwr. irollrr. S. (i. S. ll. F'or Cockct frr Calve Skins 20 10 For a to;: Comp- Sur> mfr. liiil.ir. vtyiiT. S. ./. 1, J, S. d. For every iiill of I'oriage 0603 03 For a S«tond, or I'arcel Cockct Outwards 02 02 02 To the King's .'.'a 1 1 v. k s rccchcd in the C:i;l.in-huife above Stairs. For every FM^iilhrnaii's foreign C.'oods, or Merchandifes, of what nature fo- cver, paynig Cuflon.s, lir.v.ird.s in tlu- Port oC J.<,>,.,'ji, or coming tlijiucr from any IMacc or I'ort, hy Co-kct i o I'or cv F'or ce To the F'or ev For e\ F'or e For For A N 13 C U S 1 O M - II G U S E O F !• I C I': R S. X. d. For every Strnngcr's f'orri{;ii (iootl'. in like Manner, payio ■(lorn Inwards ill llic liiinc loit, (ircoming tliithtr by Cockct I 6 Tor ccrtifyinj; every Cockct oi Eiiglijh Cioods brought up to Lon,^, . I 6 To t/je King "s VV a u k k s and others attending, received at the Wm. •- divided as J Inner ly. to be For a Hill of Store, or I'ort.igr, of any Thing above Ten Shillings Cuftoms i For a Hill ol bight, !iill of Siiffciance, or any other im[)crfcdt Warrant i I o o . „ ^.3..., , — , >. J ij)crtca Warrant i o For Wools, Woolftls Leather, Hides, and prohibited Goods, from the Out-I'orts by C'ockef RegiJIcr of the King's IVarrants. For every Eujjijh Warrant for floods inwards o 2 For every titranger's Warrant O 4 For c'very I'oreign CcrtiHtate o 4 For all (;o()il;not piyin;- Twenty Shillings C'nftoin, whether in or out, there Ihall be but half Fec3 taken, whether for Warrants, Cockct, Tran- lires, Debentures, or Certificates. To the Vjher of the Ciijhm-houji. For every Oath adniiniftercd by the King's Officers outwards O 2 Tlic Ftiis of the chief Searcher, and his Majefty's five Under Scarchci Ji the Port of London. Between the Chief' Searcher and Jive Under -Searchers. For every Ship that paff;th into Spain, Portugal, Uie Streights, Wejl-Indies, Guiut.r, or the fCe/ltin Illands For every Ship thit ]ialllili to the l\ti/l- Indies All other h'.ii'/i/h Shijis into foreign I'arts For every Stranger's Ship, or iiottom Dues to hii Miijijly s five Under -Searchers 'uiho attend at London. EngliHi and Aliens. For every Certifn ate for (hipping out Goods, formerly imported 2 o liut if the half Subfuiy to be received, amounts but to Forty Shillings, then I O To be p.iid by Fnglilli and AVicns /'or Goods that pay Subjidy, and pafs out by Cocke t or Warrant. s. d. Pi[K-, Puncheon, or Hutt o 4 Iloglhead, or Bag O t Tin', the Hlock, or Barrel I Heer eager, W or Bc-ttom 8 o For every Ship havinsja Coaft Cocket o 4 For PaUen^eis outwards, not being Mertlwnts or Mariners o 6 No Officer, belonging to any Cuftom-houfe, iludl receive any other Fee than fuch as ihall be ertablilhed by the Commons in Parliament ; if any Officer (hall offend contrary to this Order, he ihall forfeit his Office, and be incapable of any OtHrc in the Cuftom-honli.'. All Fees appointed to be paid to the Cuftomer, Comptroller, Surveyor^ or Sur- veyor-General in the Port of L-^tiJoii, for any Cocket (nitwards, /liall be paid in one Sum to that Oliicer from wiiom the Merchant is to have his Cocket above in the Cullom-iioufe; and after tiie Merchant hath paid his Cuftom and Subfidy, and other Unties above in the Cullom-houfe, he is to keep his own Cocket until he fliall fhip out his Goods, when he is to deliver the fame to the Searcher, with the Mark and Number of his Goods. F I N I S. 1 r. APPENDIX A P P fe N D I X. ■1; 1,1 1 Nu. I. TO Laws and Regulations rcfpeding the C»r« Tniiic, SeeP^ge^i. SiiKc this important Article was. printed oft, upon the Reprefentation of rhe Lords of the Committee of Council, appointed for the Confideration of alt Matter^' relating to Trade and Foreign Plantations, a new Bill was framed fur regulating the Exportation and Importatii;ii of Corn. It pafled into a Law, 31 Geo. III. Cap. 30; ami took place from the i5tii of Xcvember, 1791. By this Act, all the preceding Ads, comnic.icing with i Jac. II, c. 30, are cither repealed in Part, or altered and amended li) as comprize what it has been thoui-ht proper to retain, in one Adl of Parliament. It is has therefore been the Buliiiefs of the Editor carefully to compare the old Regulations, with the new contained in the prefcnt Art; and the Reader is requeftcd to refer from Page 41 to 4^, for each feparate Regulation altered and amended by the following Claufes in the new ht\.. A Bounty of i£. 3d. per Hundred Weight is granted on the Exportation of \Vheat-meal ; and of is. 6d. per Hundred Weight on Wheat-flower and Bifcuit made of Wheat ; fuhjedt to the old Regulation of the Bounty- Price of Wheat. A Bounty of lod. per Hundred Weight is granted on Barley-meal, and Becr-S«a. 1. meal, and Hig-menl, fuhjedt to the old Regulation of the Price of Barley, The Bounty on 0.itineal is altered to i2d./tT Hundred Weight. Oath to be made that Bifcuit for Exportation is made of Britijh Wheat ; andSeA.4. no Bounty to be allowed for a lefs Quantity than upwards of one Hundred Weight for every Mariner or Paifenger on hoard any Ship, nor for lefs than two Tons Weight in each Ship ; over and above tlie Ship's Stores, or Allowance for each Nl.irincr or Pailenger for her Voyage. Bond rtiall be given by tlie E.\porters, and the Mailers of Ships* for the due Sca. j. Export.-.tion. Exportation prohibited, when Wheat is at or above 46s. the Quarter, not only stft. 7. of Wheat, but likewife of Meal, Elour, Malt, Bread, or Bifcuit, made of Wheati Of Rye, Pcafe, or Ikans, when rhe Price is at or above 30 s per Quarter; and of Meal, Flour, Bread, or Bifcuif, made thereof. Of Barley, Beer, and Bigg, whm tlic Price is at or above zt^'j. per Quarter j and of .Meui, Flour, Ihc.ul, or lijfcuit, made thereof. Of Oats, when the Price is at or above 15 s. per Quarter; and of Meal, Flour, Malt, Bread, or Bifcuit, made of Oats. Corn, exported contrary to this At\, to be forfeited, together with the Ship, Seft. «. Velfel, or Boat, wherein the Tunc is laden, \\\\\\ all their Furniture, Apparel, Tackle, Cif. and the Ivxporter liibjedted to a Penalty of 20 s. for every Bulhel of Grain, Meal, Gf. fu exported. The Veflel not to be ftjiteited if fatisladtory Proof be made from tlie Smallnefs scft, g.to, \j[' the Quantity, that any fucii Corn, &<.. \va> on Board without the Privity of the Owner or Mailer. Corn, Ct'. begun to be (hipped outwards, or fuch Part thereof as (hall be diipped witiun sventy Days from the Entry, jiiay be exported, though the Prices lliould, in the n ■-an Time, rife to the Rates at which Exportation is prohibited. This Ad not to extend to Corn, He. for the Suftenancc of the Crews of Ships; nor to the \'idlualling of his Majellys Navy; nor to Beans exported to tile Britijh Forts and Settlements in ylfrica ; nor to Corn caiiied Coaftwife upoa Suficrance; nor to the following (j^uaittities allowed to be exported annually, ■v/z. iiZ Ta ioo6 APPENDIX StR- li. Scfl. 13. Sci'K 14. ca I?. To the I/lf of Man tVom To Gibraltar from the Port of London of hU Kinds of Corn, Flour, ^c. not above . _ - To GucrnJ/y, "Jerjiy, and AUernfy, frnni Southampton, ' IVbtteba'jai, Livi-rpool, K'nrudhi To St, Helena, Bencookn, and the ivom Great-Biiiain byj Company's ScttU"mc'n»s in the . the Kajl-lmiia Coni- Eti/f-Indifs ~ pany. To tlie Britilb P'orts, ") Bv the Commit- 1 ,,,, . ,,, -' ' ' • ' '* ''""t-I lour Ikybitebaven, 1 Livfipool, l Kiriudht i^l.t, J 2,500 Quarters. 9,i50o Quarters. 1,000 Quarters. 1,000 Qiiartors. 500 Quarters. 1,500 Quarters. 33 Tons. 1 c Tons. By the Commit- 1 ., Caftles.or Fadorics, \ tee of tlie y^r/- v ,. m yljruii J Clin lompany. J ■> The QuBntities allowed to be lent to fundry other Places, are cnumcr.ito) in Tables too lon<^ to be iiift-rted here ; and being likewife fubjcilt to the proviiioiul Orders of the Lords of his Majcfty's Privy Council, appointed for the (.'onlide- ration of all Matters relating to 'I'ndc and Foreign Plantations, the MLrcli.mts and others concerned in the Fxftortation to thr- //^//-//; ii- trid, by tiw Prices at the Corn-Exchange at London. See p. 44, And the feveral Proprietors of the faid Corn- Exchange, or the major Part of them are authorifed to appoint an Infjiedor of the Corn returns, who is to deliver his Commiflion within one Week utter his Appointment into the Hands of the Lord Mayor, and enter into a Bond to the Corporation oi London with two liiflicicnt Sureties, to be approved by the Lord Mayor, for the faithful Execution of his Office, and (hall alio take the Oath prefcribed by this Adt. An Office (hall be appointed for him in fome convenient Place within the Corn Exchange. In Cafe the Proprietors of the Corn Excliangc, upon the Death or Removal Scfl. 35 3>. 71 S«n. S:. A I' P L, \ I) / X. thcin ih tlic I.'.'iJoii G.i/t ite, onoc in cch of t!ic Umw W'tcks itninuiiatcly rin.ca.'.!iT» liiili SclliiJi). I'.iCtdr'; to p.i,' tDtlw Inlj'n'^or lor I'ri/i//' I'orn hnjii,L,ht into tlu* Tli.inus E.r,':ii;i\l I.A l.yiuii'ft Hriih;c, aiul Mid, ul. /'.v /,(V/i iirul lor Foreign Corn 21.1. ami loikUvii to him .i;i Acioiuit ot' the- (^r.mit), {?.•. The Appointnu'iit ct liirjKtlors, anil otlicr Kc^ul.itioiis refpc^Hiig t!)i" Wct'l^lv Uetiirns, itc. i'oT the other J'./c: en Di/hu'-.'s of I'.ii^l.u;,!, arc on'iv lUpetilions. of tlic Rule to be oblcrvai in tlic tirlV DiihiCt, wliicli incliniu, tlu- I'ortJ of Lctl.n,,. i'.lj'fx, K./it anil Miililifji'x; it is thcTcforc nctdlcr^ to inll-rt thctn .m they cm hcut'' no Ufc to the Merchants, or other IVrfons ojnccrntd in the Com- I'r.ulc i», j;cneral, whole Tranliii'lionij v.ill be tonformablc to she Re;'ii!utionb of ilic full DilV*., trict already given. Tlu' lUj^iilatii ns for the Importation and Exportation 01 Corn ia ScifhimK (iiffcr not in.iterially f;oni thofe of l'n';!>:r..l, tXeept in flic Appointment and Denominations (f ihc Udict-rs. 'I'hc '^herift", or Stewaril-ilejititw-, or Siihllitutc, i-; to tranfmit the wiclvly Account of Prices, which are to be fixed ty the IVle.ilures .md Weights iifid in each Connty. to tlie Receiver of (.\\\\ Rcturni at Lun.lon. .sherirts, Gv. not canlin,; the Prifcs tu be fiwd and dLterinined a^ liie ACl diieiits, (hall tbrfeit twenty Pounds. , , When the Parliament is not fitting, it the .Average Price of aiy SortufCorn, tV.'' (liould be hif^hcr than that at which the lame t^ort of Foiei ,n C\;ni may be im- ported at the low Duties ; the Kini^; in Council may proliibit I'xportatioii. BuC tljc Prohibition not to extend to Foreign Coin already imported and warehonlld. All Corn ihall be mc.furcd and computed by the ff'induyu-r Huiiiel ; and a . il^tfartcr ilnU be deemed to confiil of l:iy/'t of fncii Biiliiels. Tlie Mayor or chief.. Otficcr of every City or Town m each Dillrict from which Corn Returns are . directed to be made by thi'i Ad, and the MicriHs in the refjH.vMive JJiftrids of- Scotland, (hall caufc a Standard fyinci'elffr Hulliel to he provided .md kept in cjt-h City and Town, and the Me ;('ures commonly uled m any City or Town, and •. differing in (Quantity from it, (hall be coin|>aied and comjuitcd by the Standard ^. Winchtlicr V>uihc\, the only .Vleadirc to be deemed legal. When Corn is ibid by Weight, Fifly-/\ai Pounds Averdupoife of Wheat"" fhill be deemed equal to a li'iiul^ilcr Bulhel, and all Computation- by iVIe.u'uiC tor the Purpofes of this Ai't, are to he m.uie l)y the Jtrickai and not by the twipei Bulhel. i''///v-//tv Pounds Avoirdupoile of Kyc Hi.dl be deemed equal to every . fuch Bu(hei of Rye. Fcrty^uine I'ounds of Uarlcy, aiul For-'y-itji Po'Uids g£ Itecr or Bigg, (hall be deemed equal to every fiuii iJiiihel of H.irle;,, l|^.r or Higg.^' Thirty-ei^'-t I'ounds of Oats (hall be deemed Cijual to every fuch IJiifliel of Oats. < rifty-fix Pounds Avcrdu;x)ife of Wheat-meal, and F'^rfy.flvf PuiiiuLs of Wheat ; I'lour, Ihall be deemed cijiial to every H'l'u-ktjlcr Bulhel of nji^jround WiMMt. Fif'/y-thn'f i'ouniis of Rye-incal lliall be deenu'd eijual to cv<';y I'uch Biiihcl yf unuroHiid Rye F'.rty-.if\l:t Pounds i f Parley-nieal ihall be deemed ainal to every fuJi Hullul of un^jrour.d Parl-.-y. }\r:y^ii.- Pounds of Beer 'n Bi^'g-me.il llwU be deemed equ.il to every fuch Bulhel of unground Beer or Bigg. TvYnty-iuo - Pounds of C.:t-meal Ih.ill be decincd cipial to every fuch Bulhtl of unground Oats. . The C^iantity of grour.d Corn m Sacks to be dctennined by wei^Iiing two Sacki out of i'wenty. The other Regulations of this Ad legr.rd the Collcelingof the Duties-, ['aymcut •,.•. of Bounties, palling Accounts between the Cullom-houfes "and the Trealiiry, &i\ ,« t?f .-avb'i.'rrrh -• ■•» V :Co. II. rr*' .:.intv,- .tWift'W- ■v''- -' '•'*■- 'i;vj ,- -'-J APPENDIX. 100^ ■,: .'-.,. N". II. • ""■; To BitLi cp Exchange. This great Caiife, the final Decifion of which was mofl anxioudy waited for M>i*i ii fr/hr hj all Pcrfons concerned in the Negociation of Bills of Extlungc, is ftated at large jft^yfj'u (,* from Page 466 to 470, where it is noticed as being referred on certain Points of itin. icnu. Law to the twelve Judges. They accordingly delivered their Opinions in the' ^i*?. Houfe of Lords on Friday Fc^. nth, 1791, after which their LordHiips were ^""y"*/***- pleafcd to aj^rm, the Law Term, for confirming the Judgement given by the Courf^i^ff j,',"" of Ki 'j's-Bcnth. Kefpomleou. A Reference \o the /even fpecial Counts ftatcd in the Declaration on the Bill, y^^"! ^^"^' See p. 466, and to the Points propofed to the Judges for their Opinion, p. 470, renders any Rep;tition in this Place, totally unnccefTary. But a very concife Statement of the Cafe, as it affcded Gii/fin and Joinjbn, is requifite, to render the final Decifion, and its Confequenccs to the mercantile World Aill more explicit. Livffay and Hargrtn;; Copartners, living at Mamhejler, drew a Bill of Exchange upon Gibfon and Johnfon of London, payable to John ff^hite or order, when in Fadl the Drawers knew no fuch Perfon ; and this fi(i\itious Name they indorfcd on the Bill, to make it negociablc, their own Credit being un the Dcclincj in this State it came into the Hands of Minct and FeSlor, and was fent to Gibjbn and JobnfoH in the ufual Manner for Acceptance : they did accept it, but when it became due refufed Payment. Minet and Fe£icr then brought an Adtion againft them,, which was tried, and the Jury found a general Vcrdid for the Plaintimi upon the Ground of the Ji/tb Count, which confidered it as a Bill payable to Bearer. Againft this Decifion the Plaintiffs in Error, appealed to the Houfe of Lords. The Judges were unanimoullv of Opinion, that there was no Ground to charge the Drawers, who were likewile the Indorfers of the fidtitious Name Join IVbite, with Forgery, or even intentional Fraud ; a Point which had been ftrongly infidcd upon, in Order to annul the Bill, and thereby fct aftde the Verdidl. On the Bearer, a great Difference of Opinion took Place s and Jix of the Judges delivered their Sentiments that the Bill might be deemed in Law, a Bill payable to Bearer : viz. The hordi Kenyan an! Lougjborough, Juflicc Gould, and the Barons HotbaiHt Thomson and Perryn. The Lord Chancellor, The Chief Baroti Eyre, and Mr. Tuftice Watb, were of Opinion that the Judgement of the Court of King's Bench could not be fupported on any of the Counts j and the Chief Baron very forcibly inveighed again 11 the Confequences of converting Bills payable to Order into Bills payable to Bearer; for he juftly obferved, that the Pradtice of fupporting Credit by the Kind of Bill in Qucftion was of fo alarming a Nature as to require an immediate Interference ; and he exprelTed his Apprehenfion that afHrm- ing the Decifion of the Court of King's- Bench would increafc the Evil, inftead of checking it, and deeply injure the IntercAs of Commerce, which depended on the Support of fair, and the Difcouragcment o(Jii//e Credit. The Lord Chancellor could not divcft his Mind of the Idea of Fraud in the Tranfadlion. The Reafon for making the Bill payable to the Order o( John White, was to give it a greater Degree of Credit, and a more extenfive Circulation. It was to give Countenance to a Thing that was unreal, which in his Opinion muft be deemed a Fraud. His Lordthip forewarned the Judges in the Court of King't-Bench, that the very next Cafe which came before them would oblige them to decide, whether the putting the Name of John White, or any other fitatious Name* on a Bill of Exchange, was not a Forgery within the Statute. He wifhed it had boea flated, and he thought the Judges who were of Opinion that there was neither Forttery nor Fraud in the Tranfadbon, had confined themfelves too clofely to the Jpeciai Verdidt. It mufl be decided laid his Lordlhi^, whether thofe who call themfelves Merchants fhall be permitted to put fictitious Names, or the Names of any other Pcrfons, not their own, on Bills, and write thofe Names themfelves. It is a Queflion, My Lords, which demands a Solution— how far fuch an Inftruo 12 A roent \ 1019 .V.i/? - anl uthct« I . A.'^ ,#rK.. I!. /• Term I -'I I A 1' I' !•: N D I X. mciila'! t!'is i-i or U not tobcconfiilcrcJoi having Wen in.ule for the l\irjH»fc ot fl't^iniiv^ Mimcy under f.\\w I'rctcnci.-. His J cuKliip p.thitic;)llv litncnfcd the Hanllliijis of the C'.ife witli Ucfpedl to tl'c I!i)li,ti« ( f tilt lii!I, :./"J /.,•.//>,.'./ ./ i;ilti,i'lc C'jnJinWiitidnJjr it, i»i:i/ig. Jij- foufsfid it \ but lie th 'iii'lit thi- (.'riininality cf the Aifl on-ht to h.ivc prevented I-JoUlcrs (lit lrgn Bill of I'vehange, whith might be hiidily ptc)iidiei;'l to ;lir .N'en hmt here, it i ; " Cale widely ditltrrnt i here is ivi Intention to raife Money by a tiiJtitio'as Credit, ;!iidiffiieh aforcij^n Bill were found by a Stranger without any Indoifeinciit, it would be no better to him than wafte Pa])er. But the Kuitor, with great Deference to the Opinion of the K'jrncd Judge, is extremely apprehcnfive tlmt the final Dciilion, wliii h in his h'.niihle Opinjon lircms to have followed the j^enerd V ulc of Parliament, in adherinij; to th; Opinion ufthe Majority — he means, //r- M'jorityif't'e JuJges, \\.s cAa! Iifhcd a Precedent, which will facilitate the raifing of aitifitial Cnpilals for opcniM<» new Country Banks, in alnioft every Market Town \n Cmtt-Hritai'i ; and will incrcafc the Fabrication of Acccniiiir)dation-Bill'-, for the Funofc of fupportlng rt tten Credit, to the great Injury of fair comnurcial Credit, wliich ought to be protcfled ami lecurcd by the Laws of the Land, Hjjainft all Attempts to undermine it by the C'irculatio:i of iVaudiilcnt Paper. In thill Call;, an Alteration of the Date of a Bill had been mailc after Acceptance ; a 111 ii was (itcided, lh;.t any Alteration of tlie Date of .1 Bill of lAchanjjc after ■ Atceptance, whirvhy the I'aymciit would be accelerated, avoids the Inftiuinent, and no Action can be afterwards brought upon it, even by an innocent Holder for .'. valuable C'onfideration given by him for it. On this Oct.ifion Lord Keiiypi .niid |ud;^e UulUr i:i their Arj;uments, quoted Bcaivcs' Lex Mer^utoria us an uii- iiucltu • able Authority. See v. 420. N". HI. To Bankruptcy. Ui.« .111 SpccLtl CnJ'a cf Debts tlat Cunm: be proved under the Commijion. See page 566. £.v/»;/-/«' bM ITU, in the .Matter of Lewis and Potter. ^. .«m. - sitt. brioic This Petition prayed that a Debt proved by Sir James F/dai/e and Co. under tlic Mu/: Ictin. Commidion againit Lriiij and I'Jter, on certain Notes and Bills, which had '' "*' been indorkd by tlic Bankrupts, might be expunged, on Account of the Holders' having, lince the Proof of the Debt, difchargcd the Acceptors of the Bill, and Drawers of the Notes, without Notice to the indorlers, or their Auignees. The firll Note which was included in the Prayer of this Petition, was a Promillbry Note made by JJarl-er to Poifell, andendorli:d by i'o-.itllio Lexis and Potwr, who, having Occaliuii to difcount it, endorfed it to EfJaik and Co. Lewis and Potter became Bankrupts before the Note became due. Ihe Note not being honourci when it fell due, bir James I'jdnU and Co. proved tlie Amount in June 17SS, under 6 ■ i!ie A I' I' r N I X. the C'ommilTlon ag\Inft [.ru-it und I\f/ir, alter uliith tlicv proccciloil st I,.iw «j;>iiirt I'ltiihir iiiui I'c'.ixlt, In Jiuluctiieut, aiiU ihcn, tlicre fuvin^ Ken a I'ropo- iiti n on the Part of yy./»A >• Ji) p.iy i 5>. in the I'uinul, to all hi.> Creriitor"i, in lull Diu'i.ifi^c iif their Debt., /■]/(/" the Aflii.MiCtN ut /.t'../'/ ?nil fo.'/ir. Ajjainft the i'ctitidn, it was argucili that tlio Rule, which prcviiltd where he Drawer or Imlorkr were Solvnit, could not prevail where the liidorler w.i u Bankniptj i!w Meaning ot* tlit Rule, which rcipiires iinnieditfe Noiiic to be given to the l>rivvcr, w.i», tint the Druwer, iijion tkinj; up the Hill, might recoviT from tin; Aiccptor, the Aimnint if thole I'lfeCt'^, liippo(i-d to Ik- in his Hands, in Rcfpect to whiJi the Hill wasd.aAn i and lo, in the C'lde ol'.i "ro- niillbry N»)te, where the Hrawer did not pay at the'i'inie, Notice was retjuircd to be given to the InJorler, in Drder that he m\y tal.<' it un, and recover ovei ag.inll tlic Drawer ; and the I'onleijucnre is, that if the I Iold;ll which he acijuired by fuch Pnxjf. By the Com|>ofuion he has mado with the Dr.iwer of the Note, which gee. to the l.ength of dilcharijing of the Drawer, he, certainly, has prevented the Adigncs of the ludorfer tion» comiiii^ on the Drawer of the Note for P.')mcnt of what hi;; lillatcs Ihill pay in Conleijaencc ot" the Proof ; and yet, on the other Hand, it iloes f:em a itron^ Ihin^; to lay liiat, where there are m.'.iiy Names on a Bill, one lit whom is Inlolvent, though not Bankrupt, and the other Bankrupt, and the I lolder prove!, under all tile Coinniillions, and then makes a Compolition /";/J fJe with the Infolvent Perlon, and obtains from him all thirt he po;]ibly can ; that he Ihill thereby be deprived of the Bcnctit of all the Provilion made by hi;n under the Commiilions againit the other Parties who Ihiod on the Hill poileriur to the Party compoumted with. And I am well fatistied, in this Calif, .Sir 'Jtr.iis Efiuik diU, in Fadt, make the btft Terms he could with the Drawer irt tlie Nite, by t^iini' i 5s. in the Pound of him in full. And whatever Diriiculty I may find in making a Precedent which allowed of fuch a Compolition, without gi\ in^ Notice to the Atiignces ot the Indorler, 1 .-unconvinced that the Jullicc of this Cale, if it llood alone, would not r (uirc me to expunge this Debt. The Cali: made, does not impute any t raud to be I'ranfaition of this Compolitioo ; but, cii the contrary, the iiolucrs ufedall their Diligence at Law againft the Drawer of the Note and the I'ayer, and then made the boll I'crrns they could with the Drawer; though at the lame Time, they have gone to the Extent of acquitting him al- togetlier in Refpeo; of the Note. However, whatever !n.iy be the Circumftanccs ol the prelent Cafe, I think, in Point of Precedent, it may be dangerous to iay, that 10! I > 'I f y ' lOli ,1 . APPENDIX. that, after Tuchan Acquittal, the K. .der may rcJort to the Indorfcr's Eftate. Tt is certainly open to this Sort of Fraud, that when the Holder fees that In one Way or the other, he is fure of his 20/> in the Pound, he may favour nn kc eptor, at the Expence of the Indurfcr j by compounding with the Acceptor for juft lo much as he conceives will be the Deficiency under the Jndorfcr's Commillion. In this View, it may be a dangerous Precedent; and 1 cure this Danger, by faying generally, that the Holder of the Paper Hiall not compound with the prior Names on the Bill, but with the C'onfent of the Allignees of the poAcrior Party. And it is not an Anfwer to lay, that if any Fraud is pradtilisd in the Compofition, that fhall take it out of the general Rule. It is much better, and more convenient in I'radice, to have a precife Rule to goby; and Juftice will, in general, be better done to all Parties. It is not that Notice i? ihidlly neccdary, but I go upon this ; the Debt it well proved againft the Indorfcr s EAate; this gives his Adignecs a Right of Aiftion againfl the Acceptor or Lkawer, for the Amount paid out of the Indorfer's Eftate ; but this Right is cut away by the Compofition and Difchargc g:ven to the Acceptor by the Holder. Therefore, it is better to fay, let the Allignees either take the whole, or permit the Holder to make the moil of it he can againil the Acceptor. I think therefore, the Debt muft be expunged. A few Days afterwards, this Caufc was mentioned again ; when liis LordTliip faid, he had confidered it a good D< il, and iiad converfed on the Suhjedt with foinc of the Judges ; and he was fatisfied thai the Holders muft get the ConJent of the Ailig- nees of the Indorfer, before they can difcharge the Acceptor without difcharging the Indorfer's Eftate nt the fame Time. KeportsofCafi argued and dtterumcd in tbt Court of Chancery . By William firow//, Efq; of the 'Temple. Vol.11. 1789. Ex parte Harkison, in th*: Matter of Lfwes and Pottp^. This Cafe arofe on an Engagement, by Lewis and Potter to warrant thePav- ment of the Bill of Exchar. ;e in Queftion in like Manner as ii' they had indorfed it. This Engagement was in writing, but the Bill did not become due till after the Bankruptcy of Lewis and Potter. Lord Chancellor faid, certainly, a Party may warrant the Payment cf a Bill of Exchange, by other Means than by endorfing it ; but in Order to enable t^c Hol- der to prove his Debt under the Statute of Rebate 7 Geo. \. he muft make himfelf a Creditor by Endorfement : There is no Debt proveable und-.'r the Provifion of that Statute, but what arifes upon the Face of the inftrument. Therefore rcfufed to order proof of the Debt. //'/ s ,,'M -^-v - , l-- • ,. ?r. >..'•■• » > ^ ' ". ' -2 . :.] ', * ' 1 1 ;■ • -.. ■: :■■ ' W I r>. till '<• M.r, 'L. ' ^ ' J'?. '>. iv' .i.'.l,)l .;.• .) ./; K * • ^ , i:;l.I.-f.:i^>M '.i^U*,- .. - : ;*•" - '• ■>' •V-,,M.*-H . ». J ^1, i\^ '.if u ■ T.H ...-J- !. ..i'..!, . , '. i-'.-" • 3 •- t ' : V liflli vt< Kl ^ i 1., . - i ' ■' \ ." ,=. •■ i ■ h*an.. '..(t jr • U ; ^ -- J. •■ 1 •- i.- ■• , « . ^ r-vvj: •':. li .■ •if.. 12 B • • •' . f. ♦ An (•: » M a w < o 0\ r o n o s 1 i •a to H PQ Q .J OQ I u ^ U u t'^ I R. ^ I '^ -^ •tat «^ 1 1 r - 1 r 1 1 1 8, t~- 1- O 1^ .". SO *» Si 1 1 ^8, I 4 I I 8 h * I r? « 2 M - » 1- s - I t -• * I I - 8 8 t - 1 I I I I o o 8^ r I .9, •s o I M ■c o 3 •3 ; I I 1 J5- - " g S « < , s 1- 1 1 b^- is < o (J a < U ^ a ■§ g 2 . • °- sj -. - O «'. •< .J o w o -o Si ■% fjn D^^ %l «< :«S <<<-< ■S-^-g-t KS-tatSs Ji J1.K.? S-v3 C O S P S « J U J U ! ■J b — t * J ;Z -S -^ •" •" "^ "'e '"vo""© "^ * '" ■2u III I I t \ i n M O u m D Hi -i; Ow<; ;u.o < . •"IT 4 M H r »* 0**5 O H ts. ^ ^•="1 ■a ?l «#> OS ^i^Sm il -* - M < a. ?;■ o < VI 31 H P O 11 •a . c:2 K r. S' I I I I I I I I I I I I ^^ii^l. .e » a « 5 cS i ^ I M I I I I "-^ I I I I I I -^-li "^ o M Q 8 •«'» 9 « o "^ . . "^ " t 9l 00 (J i'-«>.;«>->,>-><>.> o m O 09 r>. i-^ O Oau O 0\tQ t^ tv t-> »*» N ■• "• I h 1 I • for the C ' •c. 5 H I I I I I I I I I .0 3S23 §§§§§§§22 R -. n ^ .._ — ~ ^ 8 o „ .., " n N ^00 o* '^^ f^ .H ,; 8 2 s, M SB !B M H 10 M M 4 I » t "i i ^ ! s n ll :? •• • ■ < • ; (:' I ■1 A' v**' I' Index. \ n A NOON MEN T of Ship and C.irgo. P.g<- 346 610 diltii 434 4}6 tllKci 460 43') 4+4 44? 447 44S 4?C' 45' 43.1 iitdi Awhai, an! wtwn >.iUd MrrMfHjmrf, ill PrixluAi, t^i , A/fj/!mia'i 1 laiic and HrmlutU AaflcD, it! Tr.Kle Ari.c|njnce nf ir '.iii>l Bills how made ot 1 >irii>n, ditld ondrr Prmi'l), il< Obligailon Hnw mull l< made '^)i A ihird I'rrlon, ftrri the Drawer Ailrr the hill i« due, is hindinj? Aerepton of an mdi'iled an I ('ruiilled Hill, cr.nnot he .milled ihnii^h any Kiidiirfcr re- furf\ ^iriifaotitin With llic Drawer's Obligation, how mull ai't a( the Dn nf I'aunent Of u Hill. t>ri (.'oinmidioii, drawn at 1'ime, and alh'ruardh laltcd in, mull detnand it ol ilie l)i i.wr When may luv the ililliothc PolTclTur aftitr l»i^ Katliu'; Whit D.rlataiiiiii mui' m.ikc, on the I'l'liWTor of J Hill tutoiniug Bank- rupt How miy cotni*! the PnlTeffir of a Ciin.lil'iunal Hill 10 fullil Il.c Agree- ment Alteration r.f ih" Date, ,f/,v/rtanee was procured alter the Drawer's Infoheiiiy Di'nying I'avmeii', on the Drawer"! Kailina, vt hat mull Iv dtnie Of a llillmade tiasahli- to liimfelf. where the l/sfs falls inCafi- of his Failure 4)4 For a third IVrlun, who fails, not re- coi.rahle I 1 the Drawer ditto Sii0rii l';.>telt has Urtliel^ iijainll the Draw- er, iho' made withtiut his Kno» ledge 4)4 For ih- Drawer hu no Rcdrefs againll an InJorfer 43ft AofHTariei !'> Pir.ny, « ho they are 2h4 made Principals ditto Acfouni of tcie famous Silk Knginc at Do/y 61 1 Att for Kncouragetneni of Seamen in hii M.njefty's Sen ice lyo to 2()^ Admirals mi\ arred Ships for the King's Service 181 Admiralty IV ttien's \Vai{-. 'jf^: a8t Mav try i'M\i jf Contrarts, 5:*,. for nukiuiT Ships, an I S..*j Daiii.iyrs ditto Whaiiiiher l-'imtrafts it may doiidj Mav ludge 111 Cioodi fpuiled on Ship- l«)atd ditto May 1 aufe a Hond to he inadi' ditto Whin til award Lseiuiion ditto AJritlkk Stti, the lirll Setllcinerit ol the Cmitini there K Jlnta'i Trade with Gmii /iua t 667 Its General 'I'Mdc 770 AfriiM Ides, their 'I'riide 774 to ;8j Coinp:iny, its Original, I'togrefi, and Dr- civale 667 N.w Conipiny's Laws, \k. ditto to 673 Agents, th-ir Kni|>lov 4Q ditf>:ri:iKe ol Cutntocrcial ditto Agents AmUv 4^ Navy fllttlt laiw diltu Agents fur Proprietors of Money in the Bank of 389 39° ditto AmJhrtiam^ how muH l>e ap|>oittted Agio, in the Hank of ^mjirritani, how varies I low is oecalioned In the Hank nf KtKfrJam, how rcgulatcil 391 Agios, at I'rni.f, how calculated 749 Aiijhirt, its Produi'ls 6ai Altffit, and .lltxaniirtita, their Trade 759 A/rxaiit/ria, ii( hfifi, a Phice of gre.it Trade 5 Inferior only to Rrnr in Grandeur, and Numlier of Inhaliitants ditto Its vteat Revenue to fieme ditt5 Its l)ecay, after lieing conqiifreil by the Sttrarrni ditto Its prefent Tr-tdc 764 ///f- dilto 88] its C'lmmercc "? 7'*9 ditto 4yi 4'(J 497 •" ?i I 37 eree Ar.lMKgrl, its I rade Anbtf'ilu^i. fur it: 768 4 fe(j. Exp:tience in 6 ■ 1'tyl'l^i" < ill Prinlufls, Arlci, celebrated in Antiquity Navigation, iit. Armenia, its I'ra le 75J Articles of W.ir lor the He« j.Sj to iKj Artiiiecri, Mar.ufatlurcrs, and \Vi:ikmen, Penahy on f.'duciug tliem into foiei^n Sctiive I 1 N O L. X, j^/ia, itf Commertc 7*' .Iriariii l;'-v itit'f Trnde anJ Produfls l<)o Aflijjiict'»of B.inlrupl^, hiw clmfr ^J^ their I' n anil Duty Jitto Dyini; in IXi • by Bondi what Rtto- C'.ctiet ire hail jSj] Ri moving thrm jUi, 'n Frdfi,,, what Powrr ihi'y have from | the Crrd:tori 5051 i*lhw«. if. Tra.lc hBji ifi»«iiri, its I'r.hludi KqJ I in VljrinrC .ifl'». it! Moanlnf; i6l, what frail pafi ihcicb' , or ' InlcrcK .i> the C'l'iimiilTH-. ■ Mrmc*n, tvtucbti Average, Refill;.! ioni aiul |j. » for .i.liiilling it \t>\ to iM> r ;uni Auftrijr Siikrl.mdi, thcit TiaJc with (jiidi-Oiilti.u 71 ( AwarJ, »liit it it In I'orm jiic'i, Ttadr M' 7«4 Ballaii R. D.lll.i.M.i llliimis their '\td.k 71.- ■" H. I r-. - iV.irl Kiflury.ana Produflj 791 Baiai ■•'"x- if* Trade Hj6 •I, i;> I ladc 851 not ;u\ouiited Shi|i\ Furnittiie 144 itatri f, a.:>l other Regulations 145 to 147 Balb:i ;.ini. iheir Duty 14(1 B.il :.i Va, lit I'railc K6 Bamjl .r., its rroJatli (>ii Sam'aa lllrs ihcir Trade "41 Bank, its Derivation, and different Infliiutiox jXj RaolLifi.V»a 1''4 of I'liiK-, its Kjnds !"<< ' Of /I'rjkr.am, when and by whom cflablilhr.l diiin. It. RiJu-s 3<6io i9'. lt« Re.!ul,iiii.n» ditto | ul f! r.i iati, when eftablilhtd y)\ | oi I'.timhirt^h its Sureties ililtol Only Ciii/xni tJ ha.e an Account in it ,1<)I o( F~;I4ImJ, ii. Inlilnnlim diilo; Its Cli.iii' r- an.l f|*ii.il Pri»i!enn V|i f.IJ from its Cuft- tom.ri ditto N« ptiiontil Atiend.nce required for any Ti.inO.ciHJii with It 408 Will adiauci- M.-iiy on Government Se- luiiiics. w . ilitto il> Managnnent, and the SaUiiea of ilc Ciuiernor, L.. wilhtl'.iir Qualili alioni. ditto Su(xriiiriiy, loinparrtl with ['.■icign Ranks 41 y .11 .-ImiierJmm, loi fauns on Cioods, lit In- llllution 40; In Rr^ulaii' 1 ■• in.l whai Sums it Hiuaiiiaii.r ditto 111 wh.it oilier I'atw, futh B^ris are ella. Milhe.l 4C6 Pankci., ihe N^iture of thcit Bufuufi uinoiig ilie Rnulul 4"><) Ditto in Ihllii 1.-, FrniKr, fie. ditto Ample Dtkrip'ion of ihcir varioui Branthcs « fuch ail may ^S■^\•^ '3« '<» 54J nankrnpij, hecominf; Fih Jc fr, •roullaucd, how hit G'Hsds .itedifjvil.l of ditto Of iTcerlaia and i T-,i;ngem ECites, and which do. or do not, certc- in tlie Bank- lupt dilld Ills Wife's Title to her Kiee Bench Separate Se'tlemcnt' WilNin Kjiour of hi. Wife, tic. Of iVlarriagc Bonds, and Article! licf re M,irri;i)(e Belli, due to, an ' from, tlic Wiie when liiigic anner« are Bankrupti, having |i int an.l feparare Elfaiet an.l i revlitorj ditto III >. Ijr lie Ci.inniiiTioncis lliail over rr.Kh the Ads of a Bankrupt, frriii the riiio of the Acts of B ..v-rupli y co.ninilic.l ^-i A reimrkjlile C ife tiied under a feoii,* Cominillion of Batikiuptcy Of K.'ftors aiiil Ixiiui'is lieeomini; B»nk rii| I i having l.HcCti rf oiLcr I'lrfunt in their H.ind In Holland how iieatcJ ;S)> to {97 B"'ii,ii, ill Trade 8jj BuriiJ II, itt I'lad' Barhar-t'i Trade with Grrai-B"! 'in Geneial Traile ol B..rrrtry ot Marincit, to Ik anf»ered for hy tlie Mailer Biijil, Its Tt.idc Hai/arti, or B.i.'hru, its Trade /Ji(/i M, its I rade Be. ont and l.ighthoiiiet, not to be built with. out .V'.irr.int HtifrrJ/ ,;, it. 1'ro.llldi Bfgjjjp Roquet and V.ii;a!:nudt, I'en.ilty on $:j V 707 -bo ItCf 609 briii^tng th'in int.) (irrgi^Brttaiit froii I't^tc.^n Counties Bell Metal, L/'<. not 10 1« expnttd Jirfntti', or .fi'tniitvuf, tit 1 rade Benclit of Clergy, not to Iw allowed to AAon of III Huliiiefs i Great Increali. (vcting ,'hcin 'igiaod . ihiin, and Cautiom rcf. 410 not Drau^htt on them, or their N'olc to lie accounicil Calli till tteeiud Nc'.v Cafct on ih ni Baiiktupts, Adii.e to guard ag.iinlt iK-coniinff one VMiat I'crlbni may, or iiuy not, Ik lUnk> itipts W hat makes a Man fo Of the Coinmillion and Commitlionen, lit. 'The Oath the Cnmmilfioneri taki: Hit Surrender, Koaininaiion, IXfioverv, Allowame, and Certificate ; ami ol en- tering lh,e •'toseevlinga, t'.. of Kcionl 5»5 " Ol the Allii'.nmer.t and Bargain and S,.l' 01 h.'s Lltatc. i)t tic InioUmcit, u- '. i ditto 5'-l i>6 5'7 5" $" >}i Hreafiin, R'lbbcr), iJ.. on the !t:a B'lfi', i.s Trj I i/e»iv'» Coiilt. I!. ' I rade Hr'gi, its Trade Boi/rii,-, ill ProduAl h",iiiji7i, 'Tr.iileof //fill.-, its Proslufls and 'IVj-Ic Herri, its 'Tr.idi' .mi Pruduils l'ri.',tl'r B.rt, and HJ/ River, the Art about 1 "in fi f.iiciflirt, its Produfls •lillj ol K.ttiry, inwards, their Form, howr pn lilted / 1 the Cuftom-h'.ufe Kjiii-; .Hit., i 1. ir f-oriit Bilb 1..I f'.xchi.i'.;e, .Vir Nature and Ditlinfttnns i'l.e i}itfi'i'»' dilliiiguilhcd 41J 1 )>i!igatiuni of Draweri, '.vieplors, or lioliiers of ll.i;ni, under til Circumfl m. n, and wl.eiher by Ci.mtriflijn, or for their ov.; Accouiili 4li^t0 4;o Billi, of Coil, -iorwl One* 4j3 Picf^rKit Or.lN .^jl ^^lien loll, or mi laid, utuf nnift be done » 45J'04;> I N D F X. Bi!li, Wlwn v.iihoul D.ile, oj in iaiTK P.irii noe Ifijilik- 455 When the W.inii juil Figurei dilTiT 4;'j Whrn the Name of the Pttfon to tthom rayihlc is »l'. reil, (jj(. ilitin Wlini the lliieflion ii Inrgni' iliitu 'I luir Nature ['jj;i!i!e at F.ilrs 4;; Vnrioiii ami new Cafei irie^' rn InlanJ ' liirs 4;q K r rrv of th:ni male F'lnny +6J Fii!tiiiiiu« P»W' an.l Iiif!nrfir>,i!' ihr!nftCafr< Iricil brl'ire I,or.l Chimellnr 1hkrli/:i, L'Jrd L'.vihb r iij.'; anil by Ajipeal in the Hiiiifr iif I^ifiln 463 tu 470 ■n.1 ////.* I'aiiiiular in Po'iuj;,!.' ditto Thtir I'avnif nt Jil'puteil ar Ut!:rri in Silver 4;4 'I heir taiiiju. Kurin> in liiikivnt Languages liitt'i to 4-6 BIlKofUcalih, their N'.tiir; and I'crni 271 to 176 142 Dd'MUriesi.fil.e Vnilr.i Sttun if Jmtrim Rnunly, im Ex|K'rii ami lini'i'ris ; the Coremodi- tie« and ihrir refpcttivc Prciniumi /.' kt rtinr, it« :'i" ii-ni Tri.lc Briclniijl'iii, ii» l'ri)du«/(«, /tmjler,!am, Irirral oil et I'lrxci Of Inliirance and S''i|> Broken New A .uuntol iiotii UtoLcrj Rtniinj^hitmtJ'irr^ \\\ ProduiU liu ti-ii Ayttt^ i:» Trade and 7«4 7 619 S61 JO" '3' 479 dlllu n,. r^un. V, I rade and Prodnftj Bills of l.n.lin,', their K >rm Bill* it '1^1 1 at !''■ Ciiiion. lioufe, what they arc c^h^ • hli i S„i, it* Tr 'c ^t•^ \ Uoiidt, theii IXli, n ^i) |I">» are to ,<• ina>'e ditto Tlivit l"( iidttMii in'il! be li. do a 'I long law- lul ditto Made by Inlanii, ho«" voidable ditto Bv a Ftgr Ci-.rii. imy | ka 1 her Covrrinre dillu D.(""ndint on fiune other Deed, is void, if tic IX- ! \,:-. i;:c* fo ditto To intltMniiifv ;iihn,ti", as a Reuar I, void ditto 'Ihiir Co; diiioii- ni'ill lie (Mifliblc ditto I.' I liiiiiii;!;; 'lime of Pa) ini'iit, the Moniv Nvomei due | nfei.tly 420 Mot mentioning a Place for Pirlir lance ■ f Conditiim, ohiieej ihr Obligor to feek the (Jbli^ec ; il 111 ti:^'i>iJ, 10 tender the Money For Pivme.ii if M>'-cy, may he performed by niioi;; any oiher Thinj^ in S.ti»fa;ii"n ditto TIte Aiitptaticc of a nin**, ui!l n'M dili'i/rge li.e old one, a* a Bond cannot lie gi'Cn tn Sali*fa I't.ide C'l.'mn.rki, ihiir I'radc C>!ih'ra, in Trade and Produflt ('■imiil.'frjhiri, it* ProJjCb Cirr.frJy, il' I rr.dc LuimJit, il* Ttiilv Coni|iicn'd bv tlv f-\\'ilh ■ Ciiui'i III mil*, t'leir Cummsice, ii<, Cmi.iii, in Trade CandIr* or Fit..', not I'crm itcd in ' ILirbiur Can:]", il* fireii;n Trade (:,:/r IJ tl •:, it* Trade C.;/i .'. ' rj Ifli--, ih.ir Trade and TroJufls CV In, or Cciffa, its Tt.ide f,'.ir,i...i Loalt, it* 'Tta.le ditto diiio 610 7«9 IS 798 799 619 IW V* »♦$ 810 801 610 'ii 706 ditto 71)6 769 ulh paid •ditto l>e ditto be 411 ditto Made payable at feveral Day*, cannot fucd till dl the Dayi »K p.ill Where frunl aie bnn.d, tl:;:y may fue ! fi'i aratcly or to.;eihrr, tii-. Giien 'n adrunkin *.!.iii i* binding Uo nil bind an llcir, excepi exprcfsly name!, St. diito To la.c l.aiiiJifk, Iw.v the ncfendant mnlt |i!-ad diilo VViiJHiiit a Date, or ui:h a falfe on', are eoud, if fil-'d and lieliier-d, ihou^'n if It i^ not deli ere!, il itiioigooil, though figned and fcali' I Thiu^h colilaiti t'a.:-.' Ltttri, ////>, mivlicgiiod, — f. Their Kon.i Btrim, iu Tnidea. d Pr fomeiimet on llw .Ship, Mine* on the nori r Mav III it be eov;aged in, b\' a Ship, ut thi; Place ol itefidviur 1-6 »'i 7rO ■'H 7''» 619 6i,S 4 fal!V ditto ditto 4:1 t0 4»J Ii.l7 '+' and fi n-*!- ditto a MaiUr id liii U,. nci't 4J Made on .'ihii'S by ihrir Maiicn, .iiid afierwariii dcilruyid, ii lilony ditii: To till' loj} liitii:. It) be uii tlic .'liij', or (ioodi only, iic. I'iiio Un a licliiiout Siiupodiii n diiio 'Ihe tudii of a Bill 144 Ciir.^i^aKjiiir, it* l'rt)ilu£ts Cjiilhr Kliiids, thtir 'Trade Car'h.a, il* 'Traib' with Ctfttt Br'' ut, Ac. Caril'ii^,, a Colony from lyr Carihuji'i^nHi, their Rrcat 'I rade and Improve- mint of Saiii;ation 4 .t j Carihaiyiin, in Trade and I'ro.lufY* 850 Ca/chiai , or Liiiti Bj-charii, itt Prudu^ 7117 Cwfurn >c\, dcfcripiiun of (>oa . uji'iit, i:i I'm Ic 7<;o C'aitle, oluTo, Swine, tf,% prohibited Iinpurti- tion to Eiii;!tif:J 57 Cflrtwrtr llailiouT, Kcgulatiuns of 17J < .Ijrri..-, il* Tr.i.!c K58 t.'. !<■«/' ;ti'r, il* Produce and Tnide 81 J C/'.Ih , i:. Trail- 31-..'. Prmlicts 8j8 L.rurn, it* Traiiand IVhIiiCIs 839 *.crtiiica: t fir l.jitrii* iniwrdt ons for l.ircinn (joiul* exported ditto For the Pilic 111 Corn cijwrtej oiim Cr>' ", it* Trade and i'riHlud* i:il, or Cl.tiil, ii< Tioilurti and Ti.Ue Ne(» Chsftijlm, it. I'ro.luili ; i;i> Charity tor >rair.en, and llieir Widow*, difabled, i£(. M the Menhaiits Seivicc, ihc i\t\ I2j to ic.^ 'H.I u+ 'i9 Charlcrpariy, in IX-rivition and Nai.ie Dilfetent Cafe* about ihtm ll> jfuul For.n Diilo, whin by Part of the Ship's Owner* (reiglu their Shaici Wlicu nuiic *i>id 140 141 Cl.i,h,re V I ) it If i.' I N D E X. 77" >7 99$ ChUJitn '•( Briti/i AmlMlTailon iiotl ConfuU born ?Hro>d not Alicm ,oi CtiM, ill Pro>!;.'^> apd Cummrrce ilai Ck>ra/a», it< Protlutti <.J ItzIz M Chrijliati, u» HroJiic'i Ijj ChrijlHi>i)MJ, Jitto ' diltn CbriJtmKJiimii, dilto ' ditio CliuiimtMitSrirr, i I Prodiift* ftOJ Cwfls of V/Wm from I'ape 'Vr./ to Cape Sierra Lrtnti, ihrir TruL' 771 Of i/ "jamti, hi> great Trade, Riihes, and RuiM '"g* . . M Co8ce, what mull be done \n Amtrita, pretiuut to its Shipping, and on Impona'i 'n 91 Coin of all Countries ^gfi i feij. Commerce, Definition of. Original ,>.,.! Anli- (jiiiiy I Its natural Tendency to render States floiiriOiing 2 Of the 'r;rw»i, from Monficur //*o Cunfuls, their Office, l>finiiion of 29; How apiHjinied, their Commifnont 296 The Duty of a Bni/i Conful, .ind all Regulations concerning him amply ex. plained Z99 to fOj Contra^, iis Derivation 4 7 Cunttacts, not voided by Miltakei in drawing the Writing" f 1 8 Their Difference in a Day's being Ii- miitcd for Payment .tnd not fio ;i 20 21 12 60 J ditto ', Mnft l.e ctnl; in, (eilVa, .in J compleie 41 « Cuiiditioniil ^t ■ ■ ■ Fo» (ioods m.iv be made by Wuid uf Mouth as well in Writing 4 1 H Not U) lie (lerlorMx'il in a Vear, mift be in Writing diiM Contribution, in .Mjiiiu C:ifc<, its Signification w>j Syniinimous to Avci;!t,e diit > Convoys, thrir Duty itf Copartners li.in'Krupi<, C;ifrs therein ((,7 Ccria, U\ 'i lade a.ij Products Vf^^ Ccri, it> Tr.ide (,•- Con A, ;ill the fuMining laws jind Regulations re. f|olr.) .•-'; 10 aRg Its . uMlinicnts' O.iih U-fi'i Credit, Public :nul I'riiaic, Accoujii of 1. ills or I /•Iters of, iheir 1' rni .iid I fr Creiliiot, of ll.inkrupi-, iheir Ditfcrciicc aik! I'ouer to claim jOi t;) ;fi-; Crimati or Crimaiin , ils Trasle cqi CnKnriie, ils Pro-lufls (,-i Ciuiicrs, their IVIiniiion and Duty Cumf-ei/jn.!, lis Products Culloms dclinL-vl ; 1 annnt lie l.iid on Merchandiu: bv the kin)>'s fole Pmscr \'arious Regulations of C/'JItmlLiir (.filters in Lit oh, not to hinder the Talile of the Duties on Imp rtarion nntf F^xpoiiarioii, li.. (^47 to 0S6 lii.d 2H4 4I" 4?' 2 Kf 94? 909 Cjrfrui, its Trade '1 he lime of their Altcjidancc Their Ices diitu ditto 760 to be tried by the / when .ire preferred DAMAOKS, done at Sea. sshere triable /'.'/•.• ir.KiingCo:;iianiii, ihcir Commerce f nntiiik, its Tra.ie I •. '^im, its Tr^ide and Products i. iicnturcs for Goois exjioiicd by Cettificate, hi IIS he got Thrir Form Debts for building Sliijis, !-.iii.d:y Diie to the Crown, oi'itrs Oie, River at Chefter, llie Afl concerning it IX'inorrage, s.l.it it is Deuiiifhi/i'^e. its Produfli Deni7..iiioi;, ils Derisalion and Meaning Dnisfw, its IX-finitimi Till It Privilcgfs DfHirtart, ii I rade l>enoniination ol Birkers when was firfl giv F.nglnm i Drpofits v.hich the Ban:^ admits wiihout giving Re. .ripli Wlietron the Bank will advance Money Etrlyfiirr, its Produfts 'Jevxfiin , its PioJudls Dilfaence Iwtwein a Ch.irtrrparty (ignr.l by the Mailer alt'iie, and one (igneJ by him and the Ow nets DiieOcrs of the Pank cf Inihad, their Number A'.terdai C-, Salary, ard how are cliofcn 40S Their Ciualilicaton ' ditto OifceveNti 13* V 0(.6 duiu 06 1^4 "41 61 9 3 7 diiio r» iC} n 410 *"! 408 611 Oil ijj Difco Dm D11J11 Pntt t)nt» Dr.iw Dr.iu( On«i Dh-ii'' l>>.ml D^rh .-. i%^ I N D F. ){. 7<") fill 170 618 9')7 Dircovrren of 1 lloi igiinll a Ship, thrir Rcwird 164 Dj-ifiitifa, Aci'Duni ol VaijelJ/iirt, ill Prcxjlidis Dntr llirHour, L.iwfi cnncrrning it Vrrin, TraJc uf Dr.iwliai ks, on u hnt Ooodt are not illowcd Drjijghii, ailowril »i the Ctftm-Hcu/t on fereral Surts of Ciuoils noo Dnnibfim, in 'I railtf Mi; DMiK, its Tr.iilc 6j6 Dum'^ariiii, i(« Trvlc 6ii Diimfuti, in Tr.ule iliiio Durham, its Tunle ftij Dkhh, ilicii litll Sclikmtiit, and fuiccfjful Attcmpn for I.H)crtv 10 Thiir i.a/tln.lia and other trjding Com. I'.inifn II \ Id-, I Their jjrntral Trade ditto The Siiiannrfiuf ihrir Pfodufii, and yet iin imnfe .Slock of M Thin);i Goo,K feni Id t\vSfaiiiJh H'r/l-li>.firi Dulchy o( a/juiiti, its I i.idc Foreign Stamen and Landmen nilaraliznl by fettlin] ditto 11 :♦' lb) «;4 678 Out)' of a Keijillcr in the Cour; for tr) iiig Piratcj Of filoual S.i'wuj v.. £^AST Imlia Company, ih.ir fiift Charter New Charttri and Kegula lioiu of 679 to 686 EuJI-lnJifi, their general Coinnicrie buj to Kao tajUiittJ'i Trade with IrilitnJ -|^ hilJyftni l.ijjht-lluufc liegun by Mr. Hnrj h'iu- Jlml'y 111, Kiluiilt by Mr. Ithn Ru.ijird ditto Ki'jiul.ilioni and bearing; EdinhuTfh, or Mul-I.ithiiin, it^ I'mdurti MihuarJ l\l. Hrl) rllablillicd K.iwi in £fj/««./ about K\i han_»fs F.fypi, if antient Commerce Its moilern Tudc Mltiir, its 'Iridc tl/fi/cot llarl«Mir, ili" Ail conrcrnli Kmluigo, its IVtiniiion Entries of tioo U inwar.U, li.iw inai'e "7 ling It +»7 2 to IS^ '7'' for «/ 4;') at trairfr*'rt 4s 7 at l-np!;-k ditto at . '/J tmlittrg 4^8 Feigned niul horrnved Names, v/h;n may be ufed in Km iungc Coniracta .in Fife, ii» 1 rciJn'ls i>ii Kincion illitit rri.tc to Turij 604 lA'vied as a Security in iifurious Contra^.*, how may le avoitled 41 3 Fifliirics, Bniih KncourHj;' ment of, with tlw refjvi ■ live Hountics to the f 'wner*, .Mailers anJ S.iilc)rs (f bhips eiiitrrncdin tliein 68107; Fianiieri, its I'rade with Ireland fliuijlmt, its ProJu.'U Fltrmcf, it:. IraJe Flotfain, lis DcAniiion foreign Ctiin, CioU or iilver Bullion, or Jewels. pcrmiticd Kxjmrtaion Foreign Seamen ma/ U; naturali/.eJ liy fetving in uur Navy 619 '>7 381 730 ""I and refiding in the Bntij Plantations And Ixing Pniteftanis, without taking the Oathi Goods found alx'ard any Collier, Fiflier- boat, t^,-. the Penaltiii {9 Fitfarot jttfui, its Prculutls 6jz Frumt, its 'I radewiih Crtal-Bnlain 6ji to 647 \\ ith hflaud 71 u In I'riHluds and Trade ditto i only paid "n thole tha: are alive dil,.^ If nv.t privioully lyrecvl in tiiher of the iil'ove .Manlier,, then to bt paid both lor Deal aiiJ Living ditto 'Ii'be rtc i.ered a^iording to Cuftom, for Gou^ls (cijt on bt)ar.l, f^r^rraHy ditto To he |xi; I K the Ireijd'.ur, tho' lie lie dc. laiiicd f"i his Ihipi'ini; ualawful (i"0''s 137 Agreed L.r l)ui and llomr, none due 'till the V'oya/i- lie perlornied ditto Preferred li-fow my other IVIiij ditto It due on a Ship takin an I retaken, pro- vided (iie aftervaids proceeded on In r Voyage ditto To lie paid for Wines, thou?.h they hoe leaked in the \'oyage, provid d the Mit- tcr lie not in F.iult ditto Agreed fi - by the Month is due, if ih? Iddin;; Ih' faved, though the iihippciiih after palfing the D^ivni i'o lie tried by the Admiralty Frtiih Flandiri, it> Trade Goods fint to the Spanijh ll'iJI-InJiet AmtricaH Trade Pilots their (.^iialification and Duty Friend 'i Ships known by our Men of War, to be alulled by them .3« 7i* 74J «n 169 Q'i O. ACF Marks to he put on B.nllaft lighters Geiieral Conn, lor felieving Seaniea dil'ibled, K^,-. v.: the .Merchant's Service, svlicn 10 be '*5 h.id Crx la, v- I'ofcrlj'ti in and Tiadc ijtHiijt, ihfir Comnurcc Kivals to the f'tKttitiii, in it Gftrpa in .l Htr.ni, its Ttadc In ///..I. ditto Cfrma'i), ii» I rule with <■'«•,)/- /friVam U/aiii^itH/i'if, il I'r.HluCis Clar:j, iioiid lor in (ireeii Cheefe and Flatc* tf.M ■flrrji It, its I'roducli (>'.,j. Its 'I ratie Htlc n a, its Trade Rrj Si s,4 GuM Coin, it- I'ai 'leiwrrn /.m ''» ani .y.ii^.r .«« 4S6 liv P.r bcivvren F tinct and //)/ 'lyj ditto li» j'ar Isciw.vii L livi :md .1 Jl 1 .am 4S7 A:.d Sjltcr lumpaud 4I1 ij u c:uud» S95 y i- 750 ) !')> <■+/ 619 891 ilia )tt II. iM' l.f I' ( 'J ■ ' I !l 1 N D V. X. Vooill Fciuli'r (ficr ilufin;; a ^liip (H May Ik thrown 'ivCTboirtl inJ^i'Tin tji Dclivrn-il til ;i Ntillcr ol » Mu|i, inav noi Ik .iiUiliril iliilo Patilv ftulc in a Voyige, ilie itholc Freight mil itue Foiinil on iiiv I'etrim, token or ftokn Iriim .1 Ship in Uiilrrri, 0uU lie ilcti.ercil iii ilie Ouiitr Thrown 0' pihii.iril in t Storm, how to he valicil liel> rr 4 Corinltuiion In Nr.cliiy uay be mil uu( of a Ferry- ban 'I'hrnKn overlnaril jl'itr nthfrt hate Imn 1 lanMellinrly taken in, Ihall Ik paiit fur l I'rofriv KriieJ froi,, r< to hit Cr«ditor> aciiirdingly Ot a Bankrupt when may not be foKl by the Coniniifli.mers v the Commiliion _ PnihiUitcd lin|Kmaii(in in Dti.unk Craluiiy, accepted by .1 lender it nut ufuiioui ijrni-linl*m, fu^ipoieil by fume ihr grcaieli Ifland in ihj World III li nncr N.iiiK«, Situallun, and Di. inairuins |l;it, Ii» Number of Parifliet and C'iiii-i diiii Gutii, SLhoIari |i ilu- I't^n-ium, in the Science of Nav igalion ^unad^, AmrrUait iiftjiam Strlbtmas, Account of I tadc anil Produfli (ini/^e/i-a i»i>m|iuny, their Charier, tS,\ (Jul! Ill Pnjim, III Trade (.uii> aboard nin to t* kept flioitrd, nor fired at unfcalbnable H.>uri between Lcmlm BriJ^t and Hiaiiwall m Gunpowder (icnniiicd F.ii>onation, wlien the price doei not exceril 5.'. fir Barrel ^ Nut lo be rccriial aUiard any ouImmh! Iiound ihip, till Ihc br oieraginlt JtlaiiiLttl/; and ^hipi coming home to put it out iKfnic tlieir Ariiial there, or niiliin 24 lloui, after diilo (i'/nrifi, frppoled 10 lie iarjin, ivhcrc itltmfi'i lltci went, ill Tude ict •J" 16+ i6i ifto i«i »70 ditto 5+0 56? ♦ '4 60S ?o 709 •( hi I'll 01 J 770 H. fJ1B.4T\a F,*, ill Producli Maddock, i-iclli lletrin,;^ l:f:- not to be im> (wirteil but in tt^/fj/< built »hip», Ui. {o HtJMngtm, it» Produv'U 61 j d/amitr^, iit general 'I tadj 80j Iti particular i'tade with fr iiig lumi ill Airiciaiion ditto Thine itiU refcrui.L- ilic Name diHit Ha'en, or llatbout, in iKhniiiKn 167 Not to la:daina|{iii by thrnviiBg any thing into (liem 147 Hemp, K!a\, and the I'ric'.tiiiiiin tlicirof, ma) le iiiipiineil here from iitttt^a {i^ Bounty 01. Ini)iuriali"n ol, lioin We Colunlci iliiij Il)rrj3iiri, \\% I'rwluei, Hrrl/>r,ill i Irailetiiih Uirni-iiri w'a Ditto Kith /rtitiJ Ditto with fit.:c Plan with .V/.iiai Ditto with in. .';•(«/ nillllWli' )\iri,. Ill ^C icial I laJe //->/ri«, ill I i.idj lliii.ni^i , good Mechaniiki Hauii'i', /<•{/ k.uu)}iany, wlieii j roc u ltd IMit CUuvet Olitf H»mi lu^.ttjrin , ill I'roduela t«', Tudeif ■JrjJ:,, it! rr.idc and 1'ri.ducu Jfijam, ill Dehnilioii Jcvii encouiaged to (ciile at Su^lrt Not ^riniiiedt by ihdr Latwa, to take Vltiry from ine .ino:lier lljMitmf llailiuur, iu AA , lu UghUioulc, ulien to bcufwd, and »hai paiil towardk it Imporlen oi the M nauAore* of ferjin, :,«' jV f. .«i 7, Hliai I hub iliL-y mult lake linprrlfuig m o liii M.ielly'i >er>ne ; (.acmp'icni Impriiuiinieui >!aMccd m ilie Nnty nut tu cxck-cl Ui.i \eari Imidenii »l,i. h make .wie a Subject bum Income >l I viliih, lion ariica /•'.iCiall, ilirir r>ade Indigo 1.1 ull ."-int., Ke,>ul.>iipni concerning it /td'ji.iH, ill I ikie ami I'l'iducu liillru^ioni liom the King to Coinmnnden of Privateeri i;c> in 1;^ For the Commiflioi;cr» of Bai.krupic/ ar .i-Htritm ^98 liifiir ince, or Vuarance, in IX'liniliofl ti>7 Jnieiiied 111 (JiiKiiiti Liriar, or the ''.■. jJ* Br.iu^tit ini>i A«{. >«/ by i oinc tiiil •iti ilitio Not to be made Inxrril or mi Intc.cit jio Hii.i' may Ik made for Privairn ditto Wai 91 iirit ctmliiuid to mariimc Alfaiis only, tiut now ex:cndi tu Houlci, i ui- nil. ire, l.ive^, -Jt, 31 1 Tlirit Viiiuiy ditiu Nut liable, if a Ship be burnt, iKriiic brcikiGniuiid jil Made ..liioad, ii:iy Ik fucd for in EnglaiiJ }^^) Willi a Blank in tlie Policy, or lur |.io- biliitiil L/ikhI-', not liindini; jit Made, atfjri -.v:ib t'nnvj, not 1 inding, il ihc Milter volunuuily ijuiti it ji6 Sun.lry k.al'.> uf •^artallly lolad wi.h Cim- loy j:8 Not liable fur a llieft by the Sailuri, but li.i; Miller yf Mule uiiliout iufutming ihu liil'ui r of eiery material Ciicuur'jnce, i fufli- cient 10 diKliiij;* ibe Poncy 314. Ida'di*, if T **hip Ik fore ■*! 7J7 74' I*" »7» ••4 7c I '<» 7JJ 4' 5 ■ SI iSi :m "4 .!+< joa H07 10 I N D F, X, |iiriiiiac<, T)iri.liirgril hy ■ rVtUilim frnm ihal Time iiiilv Thi" fruring ,\f.»ni\ Rcflnint of Princn, ilim n>i( warr.mi a navigaiini; ur nlr lor niinagc M.iile faiiane, a» the InH, wliiih the Ship, hv nainaw from n Slirm, tould not pir- furm, anil paid the XnU Sun Irv (invl.ir Cairj, uiih ihtir IVrifiont in ^ojr fi)urt( uf Law .'V'o In Frnnci. and at Imlli^/iti, R»-;>_iil:ici')n» and Ordinance com erniug them 3;; In 369 lntetlincati>>ii and Kafure, when nukei a Bond \oi I laventort of Bil!t of E' hange, who arc fuppofcd 10 l< Itrfntfif in Trade J jini and liparaic Creditor! of Partners and Bankrupt- cy, Lilt of u hat I' Hate ate toliepaid Trider Bankrupi, d,*-8 nut affiol the Kftatc (il hi. Partirt la I LA Hit, in Coiiirnirce lilicraliHl from Rcltrjini. (;f Uii'.jh Acli of m"ni (9, 60( Its Ciiuiiiici and Prov'.ufts lis 'Ir.iJe il n, Rir and I'i:;, iniporteJ from Jncrua, Duly lire , ami other Ki^^ulalioni llle of />a«..-, ilk IVodiKti and 1 radc lllfiolV/fj, iheir I oiiinicice. il'.. ftjo Jifahat, it» I'lo-luCts .lud TiaftiK -.yj J.u/yt I radc w'itii *'»'.■«/ f'ruttttt t.t \\hil Ci<-fldi it fu'aiflicth fur tht i«»']* U'lji-Ulit, ' 74 » psfradi: U'ith firtu^al 7+6 ii< g«neral liarte 74S i )4'' l'7 J«6 ditto ■ ,,S 5'v TO 330 33) 334 336 42: 416 '•-i {97 ditlu rnrmer Pailui- &i, ',1, 64 6:6 71s to7Jj 7«yv,/, aiZUM iliTnJc Judjmcnii fuffrrrd It a Scturity la yr*riodl Con- ImOi, hnw may \» avoided /iirv Cnafti, ill Trade luiWdittinnof the Admttmhj, S«, AJmin$lij, JmlanJ, in I rade K. f^ff'T, it« Produfli Keyi, or Cijia>» at LmJtt, where GonU are not to he ftiipiied or landetl, .See Wkm/i I'hofc whii.n are lawful, and ihc Time for workine ilicreuii Killy, or KiUa, ii» 'fr.idc Kimttntin, in ProdvCkt Kin)( I) iii.l, l>i.t immviire Riclica kimicji, iu ProduCU 4M 7!* I6j C.J ditto 76J t.l '7 6f, 103 r.1 Cntrfiitm, ita Trad* l.aJnm.>. or lllri u| rbctvca, their Tnd« t.Agji, \t\ IVlmiiiuu Laniijjhin, lU PMduOt Land Waiicri, what Copiea ate to make in l)ieir Rooks, Mole (iimmIi areilelitciod Ltnnk, il> Ptodutb /.' Angeamtii, i's Traile and Prudud* LtiifMJt, ill i rade La iiiiiJa.l, ill Trade Van aiuu, ill ProduCtt laacuct and Trii- r.s, what tlity ate Lcalii at an Undei^aluc, when arc ufuiioui Irgil Intin-ll only lakcn, u Cilc, though the Bond wat uluiioua Lrj^hm, ila Trade UK'/iitilire, i:< I'ruJufla /.iM, mAmir:iii, ill '('rade Ltifa')!, ii» Tiadi* la:tl<:i> ol iMar.|ue and Ui'prifal, what they air 'Ihc ii'ijuilix CircumllanciN lor ob- taininit iliein Their Korm Of Attorney luadeby Seamen, mull lie nude ievi»calilf Of fafe Cunduil ti> be eniolled in Chan. Il,t »44 15H 61J 4';; bj, 7»t 7Jt 8;6 891 I7S 414 4'J 2" 8;(. 85.- '39 »77 440 F-uina Merchant tohii Wife, (ifc. to accept BilK ol Kxchan^c is not a pro|ier Power t)f Cu-dii, ilieit OiiFeitnce, and wljt ihcy a'e Thtir Korm Ot Refpile, in Framt, defined Lnnnt Trade licciKci, ^rantable to I.indmen, to proteA them ^rtwo Yean from the Prcfi I.ii;litcri on the t'hamrs, Kegulationi concerning them Litjlrtboufc, ii> Definition I'lie firfl built by PitUm) PhilaJilfhui diiio Several others abroad, a> the Tower of CtrJiit, the i'liarc v( M^m, at Gt- »M, Barttlnu, In. And aur'a at Home, on Stillj, the S,Hyjiinf, C^Jiili, Parlltimil, Putgunu/i, fitt- IttHi^t Skirrtt, &c. 127 10 11^ Lighlhnufei and (ieaconi to be crcAed by War- rant ditto Liijhihoufei, thai ai /'I'r.romit, when to be ufrd at 'I I.e C'uluH'ut of Riijti, a fainoui 470 4-1 751 "4> laS one, ill IXfiiripllun Limtrici, it> Trade Lm^in. \\i Trade and Produid* LniilHjhirt, itn Ir^ducta Linliihgrw, its I'rodu^ Liv^niSi its I'rade Limliaiili have the Inven'ion of ih' keeping, 1 d hicha get thcin ' LiHtltn AiTuLincc, when ircorj on cd Ltrram, itk 1 rade .ind ProduL^ts Lckijiana, ot Mijjijjiff., ill T.adc Luicci, its i ladc Liat, iit Trade 216 62I 7«J 61 + 623 8Ss Bank, B'luk- atli.lut d to «&.'4I7 3*> 734 /■'* |! 1 ill .%. .1^. -'^^ y:j^> ^'no. IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 11.25 us u 140 — 6" H^ U 11.6 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MSBO (716) 872-4503 ■1>^ <^ «- ■^^- 1 N D E X. tjsMi, celebrated for the Greatnefi of its uncient and modem Trade 7 Ijnntii, its Trade and Produili 713 M. fUtACAO, its Trade Mttdaga/car, its Trade and Pfoduifls Kadiira, its Frodufls, t?c Mcdra!, its Commerce hia'iabar, lis Trade and Produfls Malacca, its Trade Maldivts, their Pmdufls and Traffick Malta, its Trade and ProduAs Mangahr, its Trade Maitillai, or Philifpinrs, their Produfl and Trade Margarita, or fcarl IJle, its Trade Murjiillti, its Alliance with the Romans, Antiquity and great TraJe Marlinka, its Tmcie and ProduSs Maryland, its Trade and Produfls Maltcn of Ships receiving on board Tools and ;.; Utcnfils in our Woollen Manufaaorics, 'v£ iic. to carry abroad, Penally \ Anfwerable to Owners lor their Damage Shall not lofe their Ships for a fmall uncuf- tomcd Thing Muft fwcar that the Owners ate Subject of Grtnt Britain What Money they may advance their Sailors i> in x\k Sugar Trade > Anfwcrable for Goods loft before (hipping loj Cannot fue for their Wages in the Court of ' ' ' Adrtiiralty, though the common Sailors may ' May fue for their Ranfom from Ship and ': Goods, if Ranfom them and lemain " ' Hoflagei for the Performance Can fell no Part of their Ships, but may hypothecate them Are n--* anfwerable for the Contrafb of their Sailors May not impawn their Ships for their own Debts Muft contraA with their Marinen before fet fail Carrying above 1 6 Guns, muft not ftrikc to ;. Pirates without lighting 120 May dednft from bailors Wages for Lofles ^ by negligence ditto !f burn or wilfully deftroy their Ships, Felony 121 Muft put their Powder on Shore in the River ditto To anfwei for the Barretry of their Sailor> :ji Havine let out the whole Ship muft not • receive any other Goods than the Freight- ers Cannot biing an Aflion againft the Freight- er';, if the Ship did not arrive at the Fort agreed Not getting their lading agreed for out *■ ana Home, how to proceed When they may tali up Money on Bot. tomry How muft aA at Lcndtn, \n Regard of Bil- laft Rcfiifmg to take a Pilot, in Pilot's Water Penalty Maytake two Pilots in Ihlland Muft reward People helping to fave the Ship i jg Their Duty in Diftiefs 163 Muft not overlade their Shipi 1 6j After an Ejection of fomc Goods fhould not deliver the Remainder till a Coniri- ^' button is fettled 1 £6 May detain the Careo till a Contribution is (ettlcd for the Malls cut away, tic. ditto ' Pledged for the Ranfom of a .Ship taken by Pirates, when to be redeemed May not refufe bringing their Sailors Home (ie. What may pay the Sailors whillf beyond Sea Muftobey their Convoyi On Arrival at any foreign Port, wheie 78; 784 8a6 8og 817 8:0 7S7 809 8+3 8+9 6 8?7 7C0 log 106 112 119 «J7 ■3S 136 '43 148 '55 263 264. 269 there is a Conful, Rules for hit Beha* viuur III IIuw are to proceed in paying the Cuftoms in Norivny 879 Ma/iilifatnam, its Trade and Produfls 8t+ Mate of a Ship may fue for Wages in tht Admi- raliy Court iij Mays, its Produfls 616 Mcafuies, both ajiplicative and receptive, with iheir Variety and CorrefpvnJency with one another 896 & ftq. Medici Houfc of enriched by Commerce 1 j Mr/iiitla, its Trade and Produfls ji» Merchant, Derivation of the Title, and his Cha- racier j i Tlie Antiquity and HonourabIcnef» of the Emjloy ditto Privileges granted to'U in Fraiiet dittu No Dilparagement to Nobility 32 Many Kings and Princes cxercifmg the Fun.'uon ditto What Qiialilicatinn) he ought to make ' himfcll Mafter of 33 i- 3^ Maxims propofed for the Management of his Affnn 35 to 38 Statute LaHs of England relating to them 38 to 49 Subjed to the Laws of the Country where ri-lident ditto Not rcrtr-iined from departing the K!hg- dom without Licence dittu Adulterating Wine, arc puniftiable j^ His Effetls in Partnerftfip (hall not go to the Survivor dittu Need not provide againft Survivorfliip ditto Accounts between them, hov ftated , j An Aflion may He againft one, though more obliged ditto To call lum Alitm Sanimft, is aiii- onable diitj When may plead the Statute of Limita. tion, and when not ditto Feme Sole in Lcnden, trading without her Huiband, Ihull anfwer for her own Affairs ditto Rcftriftions on exporting Beer, £?<•. 41 Lofing Goods at Sea, Cuftom paid, Ihall on Proof have Lilierty to fliip a like ^. Quantity, Duty free 4^ May tranfport Gun-powder,when the Price docs not exceed j/. per Barrel ditto Seducing Artiftceis and Manufaflurers to go abroad. Penalty 4J May liieak Bulk in any Port, and pay ..^s. Duties for no more thin he enttn and ^7 lands ditto Not anfwcrable for a Piracy done by his Ship Shall not be impleaded for anothtr'a Debt Six Months allowed to \vit!i'!raw their Efferts, in Cafe of a Difference with their Prince Mtutr.nhjkirt, its Produils Method of proceeding after a Ship's Report is made MiJdk/cx, its Trade Mid-Laihian, or Edinburgh,' its Trade Milan, its Trade MiJJiJIippi, its Trade and Produth Mocha, its Trade and Produtls MoJtna, its Tradi: Mo.Wa IHes, their Trade Monm'uthjhirt , its Provluifh Monomolapa, its Commerce He, liicnigomtrylhire, its Produfts Margci, its Port Mortgaging or felling Land is over-reaolicd by Bankruptcy Mc/amhiiiue, iti Trade and Produfli Mu/ctvy, its Tiade with Holland Mutiny not to be concealed in the Fleet 26a 3« 9^7 6,4 7H 614' IK 78«^s 891 i7»-'"" 7«i- .)*?« N41RN ■k INDEX; I:. fS '^ 6jh 6 753 5 kt/irKN, itiProdufts •'' Nanifs, its ancient Trade NafUi, its Trade tfarici/m, famous in Antiquity for its Traile, be- fore the River /fuJt defertcd its Port Katural-botn Subje^ may inherit, though fprung from Aliens j-j-, Naturalization, what it is 380 Mull be by Aft of Parliament diiro Several Atls about it diitc Kavnrn, the lower, its Commerce 734 Navigation Aft, the celebrated Britijk ;i to 54 Freedom of 303 to 30 Hiufchaid, its ^'rade and Fairt 894 AVw EnflanJ, its Trade NtwfsanJUintI, its 1'rade New Stile and Old, at what Flacea they are ob- ferved tinu Torky its Trade Ntah's Ark, fuppofcd a Pattern for the iirft Ships Kttfili, its Produfts NtrnfnJy, its 'I'rude and Produfts Ntrthainfitnjhirt, its Produfts Nirlhumhrland , its Produfts Hmoay, its Trade wiih Grtat-Brilalit Its general Trade Notice to be given by the Aftienecs of Bankrupts, before making a Dividend Nctiingbamjhiri, its Produfts tirva Salia, our Title to it Grant of it to Sir W. AUxander ditto Part erantcd afterwards to Sir Davii Kirk, who fold il to the Frimh King ditto As Sir IV, AltxanJir did his to a Frinch Nobleman, who afterwards re fold it to Sir Thsmai Ttrnfle, from whofe Heir, Sa-nuei tl^aUe, Efq. of Nmi England, bought it, and fold an un divided Moiety to the Author ditto Its Produib and Importance to the Crown of Gnat-Brilain 70; t{feii, its Produfts 891 702 712 473 614 72S ditto 7' + 873 54" 6.5 704 Owners of Ships may fu« the M;i/lctj for Danug^ they do rj Their Cafes with the Maften about Repairs ditto Se ^6 Not entitled to Freight if an Embargo is laid Liable to pay the Mailer's Debts for Provi- (ions What they miift do fbr Seamen wounded iii their Service, and for the Widows of the Slain Not anfwerable for Diamonds, Jewels i^e, tiiken on bonrd without their Knowledge Nor fur l.ofli-i by (ire on'Board OxfifJJhire, its Produfts 57 104 '3« 6ii P. o a A TH, to be taken by the Court for trying Pirates B}' a Marine Court-Martial before 162 Trial 288 Of Commiflioners of Bankruptcy 512 Of a Creditof before the Commiflion- ers of Bankruptcy J67 Offences done in Privateers to be punilhed as thofe in Ships of War 240 Committed at Sea and in our Havens, where triable 261 Agaihft fafe Condufts, how punilhed 277 Offices, under Government not to be held by Aliens 377 For fiivinir an Alien's Lands to the King, under wliat Seal they muft be ditto Officers ofExcife may fearch Ships 58 Of the Quays at Lc«Jn, and thofe in the Country, the Times of their Attendance ditto For fearching Ships at Graviftnd, not to de- tain above three Tides ditto OUnhurgh, its Trade 864 Old Stile and New, in what Places each is ob- ferved Omiflions in Reprts at CuHam-heuft, how reme died Ophir, where Sthmtn'i Fleet went to, fuppofed to be Sumatra or Malacca Orkntji, their Praduft Orltam, its Produfts P/?>W Harbour, Regulations of Owners of Ships, who they are Majority may let tne Ship to Freight May break their Partnerlhip at Pleafure Joint are Tenants ir. common ^re liable for they employ the Aftions of the Mailers 473 17 62; 726 224 ditto ,." ditto ditto pAITJ, or PiKra, its Trade 8j6 Paxama, its Trade- 8jy Par of Monii-s, its Definition 485 Of Golil Coin between LtnJin and Jmfitr- dam 486 Ditto of Silver Money ditto Of Gold Coin lietween France and IhllaxJ ditt-j Ditto of the Silver Money 4E7 Of Gold Coin between Liflm and Amftir- iam ditto In its Calculation to avoid the great Frac- tions 488 Parifli Boys, how to be put to Sea 1 1 j When Apprentices at Sea, not to be prefled till eighteen 1 1 6 Not to pay to Urtentuich till that Age ditto Muft not be refufed as Apprentices by Mailers of Ships ditto At what Age they may be bound ditto Parma, its Trade 756 Partner, Bankrupt, what may be recovered of him 567 Indebted to another, a Bankrupt, what is obliged to pay 568 His Debts, when bind the others (69 Partnerfliips in a Ship may be broke at Pleafure ditto Not to exceed Six in the Banking Buli- nefs 410 PalTes, counterfeiting made Felony 277 Payments of large Purchafrs and Bills of Exchange at ynice, muft be in Blank 3!*^ At Amjitrdam that mult be made in Bank 386 Of Bills of Exchange, how to be calcu- lated when Stiles dilTcr 423 Ptella, or Tivetdale, its F.odufts 624 Pegu, its Trade 817 Pembreie/hirt, its Produfts 619 Penal Bill for Payment of Money, its Form 42} Ptnnfd-vanitt, its Trade 701 People, born in the Brilifii Plantations, or on the Briii/lj Seas, are Subjefts of EnglaxJ 3SI Ptmaw, its Trade 883 Prrtli, its Produfts 624 /"?/■<-*<«> Coafts, their Trade 811 Ptttr the Great, Czar of Mu/avj, his great Care in forming his Subjefts to Trade 1 2 His Endeavours to make hirtlfcif Matter of the Ptrjian Silk Trade 884 PcUrjburgh, Account of dilto Phmiciam, fuppofed the firft Mariners 50 /"iVar.^, its Produfts and Trade 721 /"/c^rmssr, its Trade 757 Pilchards, abundant on the Ctrmifl> Coafts 611 Pilots, their various Dcnominalums and Definition 148 From Dmjfr, Dial, and the Ifle ofThantt, their Examination and Admittance 149 to 157 Their Pay and Number j and other Regula- tions in Exgland, France, and IMland ditto Pirates, or Sea Rovers, their Definition 257 Eftabliihed at Alrieri, •i'riftlj, and Tuuii 258 Robbing in a Harbour not Piracy, but a Robbery 267 Commifllon for feizing them i69 P»'M», its Trade and Produfts 72; Poland's Trade with Grtal-Britain 71 J Policy, of Infurance, its Ktymolugy jcy Againll Rcaraint of Frincei, what it in- cludei yi It E I'"l":y 1 1 -.-I 'I i I' It ■I r N D E X, .»iS>*«t ♦n a'l «(f 7-- 8z ditto 7»y 50 4"9 7!S 624 7J6 624. 309 743 Remedy againft Gaolers for a Bankrupt's Efcape Remitters, See Billi >/ Exchange. Renfrevi, its Produft Reports on Ships Arrival, at the Ctjftm-btajf OmilTions of to rcftify Reprifals, two-fold Letters of, when to be granted When made, any Overplus muft be ftored Reflraint of Princes, what it is Revel, its Trade Riga, its Trade Roehille, its Trade and Prcduftt RemoHi, their Commerce Learnt Navigation from the Creth Difcovered to us the Eaft-Inditi Their Bankers' BufiiKl's Rome, its Trade Reft, its Produftt Rouftlltn, its Trade and Produfts Roxbagt, ils Produtls Royal-Kxchange Iiiliirance, when iniorpcrated Company of the Phibffinei in Spain, their Charter Rules for working Simple and Compound Arbitrations 493 & feq. For flriking to the Caftfc ar Crmeitiurg, atu Eljinrur Srty Ruffia Company, when obtained their Charter 712 lis Trade with E^laaJ 7 r 3 Rntlandfiiire, its Produtts 61 j 8. SAFK-Condufts, their Blatuw 277 How muft befilled up ditto Sail-CIoth, foreign. Regulations on Importation 74 BritiJh'VMiAt, Encourageinent of by Bounties, (Sc. ditto Sailors, in the Sugar- Tride, wliat Money may be advanced to them (>7 May fue for then- Wages in the Court of Admiralty 1 1 > Sailors muft pay 6J. per Month to Creea-wieh Hofpital ' 114. How to be feeored and c'llefted ditto Their Wills not to bi, made on the fame , Paper, {Jfc, with Letters t)f 'Attorney 117 Who are exempt from peyibg to Grtnewich Hofpital d to Muft not ablent themfelves from the Ship they lielong to Lofe their Wages if Ship fc loft before liiR Dilivery 1 hi ir Wages to be paid in 30 Days after the Ship's Entry at tfc Cdftum-heule Muft not rel'ufe fighting againft Pirates Exemptions from bung pidfed In the Eiifi India Service, not to pay to the Fund for thofe in other Merchant ^er\'ice Drunk, hurting one another, the Coiife- quence Muft have their Wages, thongh the Ship l)e feixed for Debt ditto Wages not to be brousht into an Average, if a Ship be detained by Order of State 1 6; Letters of Attorney muft bo made levocaUe a^j St. 119 "4 121 txz 129 '3« INDEX. Si, DuMnfii, or Ni/pamoU, iu Trade 848 Si. Helina, its Trade and ProducU 787 St. Jet» it Vlhua, iti Trade 8;o Salltt, m Trade 769. Saltmta, iti Commerce 768' Salt, the latcft A(\\ of Parliament and all the llegu. lations concerning the Importation and Expor- tation of it to 1792, 741077 Salvage, its Definition, with the Lawri lad Regulations concerning it 161 to 164 ^^i^^Sama, in jt/rici, its Trade 77 J • ■•J. Samaraitg, ill Trade 83; Samariant, its Trade 798 ««>/«» t?> in ^sj Sl'Dlfiiirt, its Produ^s ^j Siam, its Trade and Produfts Sierra Lena, the Trade of its Coad Small Plunder, what it is, and how mud be dif- pofed of Smyrna, its general Trade Sicatara, its Commerce and Produfto Sofala, its Trade and Produfts SiUmom't great Revenues The Navigation of his Fleet What Route it took in its Voyage (0 Ofiir ■ Somer/et/hirt, its Produfts StkuJ, its Trade Its Duties OD Ships paling oiji'b Scutb.&a Company When obtained their Charter -^T S/amarJi, tbeir Commerce ' Have many good Ports, well oMifc for it St) t«<' Thei r Trade with Creal-Brilum T'C Their Trade with Inlantl I0 tiOi} Their Trade with France t>t Their Trade with //«/)! Their Trade On their America* Coafls +" SlafforJJhire, its Produfts <6)nl' Siaiigale Creek, tlie Place wheie Quarantine is per- " formed t" Stirling, its Produfts ■ ttetin, its Trade «Wib Siiickbolm, its Trade Sufferance, for exporting Com, its Form 4'! >' For landing Appaitl, ditto Siiffalk, its Produfts « Sugar, from the Brilijb Colonies, may be carried diieftly to any Part of Eurtft, &c, Sumatra, its Trade f«mimr Iflandt, their Trade SHKii, or Sunda Illands, their Trade Supercargoes, Definition of, and DilTerence be- tween them and common Faftors Superfeding CommiflioQS of Bankruptcy, when and why done Sural, its Trade Sureties for a Debtor after he it a Baaknipt, are with- in the Statute Surny, its Produfts Siifex, it) Produte It? »to ^^' ^'5 818 774 239 787 781 »7 38 615 8fi4 868 688 739 * '«1' fituated 20 649 * 740 721 740 741 852 616 272 62J 880 88; 99S ditto 616 93 836 710 83» 48 585 80J 616 ditto SuikrIentI, iU ProduAt Siuein, iu Trade with Great- Britain With FrtHce With Sfai» With irW/a«/ Its eeneral Trade Sviiturlani, its Trade T. »«» .738 739 860 88e 888 TARE, what It is Afcertained, when may be alteiedat tlie Culom-houfe Tariary Great, its Commerce Terra Firma, its Trade and Produfts Tobacco allowed to be raiied in Ireland Tceat, its Trade Ttmjiii, its Trade Tonnage, what it it, and when granted Tauhan. its Trade TalcH, its ancient Trade Tturaine, its Trade and Produfta Trade diftinftion between that apd Commerce Trade of the Englijh, when began to flourilh between Great-Britain 2ai Franci' ' Ditto and HcUanil ..i/'!B>1kr Ditto and G manf Ditto and Spuin Ditto and fcrtugal Ditto and Italy Ditto and Turiij Ditto and /Ifrick Ditto and the t^-U&i ;itM(/h'l. Ditto and ^^rnr^ ' '' Ditto and Hifffiai' Denrna^, Norvjaj, Svotden, PtIaHj, atiii Pniffia ' 712 to 714 Ditto and the ^i[/fr;a» AfrfAfrfoifi/r 715 Ditto Ireland " ditto Of the Levant, and the Coad orStriaty 758 Of 4friek 771 or Jfia 788 Of the Sfanj/b Amirican Coadi 849 Of Fi ench America 857 Of Ptrtiigtie/e America ^V* Of Holland 8{6 Of Sviiizerland sn& Geneva 888 Treaties of Commerce between Great-Britain and France 63 1 ro 647 Spain 650 Ditto between Great-Britain and Fcrtugal 658 Ditto between the Crowns of England and Denmark 990 796 861 6i % 716 I 607 P* ditto 6;S b6i ditto 66t Trinity Houfe at Deftfurd, its Duty Truces, their Definition Trudees, to Marriage Bonds, cannot come in as Creditors to prove the Bond Debt, in Cafe the Hudiand is Bankrupt in the Wife's Life TimqniH, its Trade and Produfts Turin, its Trade Tu)r, -its Fines to Africa, ditto to the ErijI Im/its • Voyage to be altered by Danger only. Ufance from Ltimc* to the principal Parts of E»- Hpt, what it is 473 From fome Places to nthcn ditto I'furcrs, not to fuftr, but when Part of the Money See Dmiatin J8J 74» 850 699 376 ditto 4' + 664 683 agreed for, is paid Ufurious Atiions, how mufl be pleaded Agr«menl, when does not avoid a Bond Ufury, its Definition Cannot be without a Loan Not taken by Jnui from their Brethren The Mifchiefs not remediable by Law W. 4'3 4'4 4'3 411 4'.1 ditto WAGES, to be paid to the Sailors in thirty Days after the Ship's Entry at the Cuf- tom-houfe no Wain, its Produfii andConiuica 6T8to6jo War, Aniclea of Marine 21)3(028; War, ccmnienccd withai". a DtxlaiMiori difhonor- abie . i-<\ H'ariibuui, or WarJIiKyi its Trade 87^ Warrant given l>y the Commilfioncr) to feiar a Bank- • rapt'n VMeQs Warnvidijhiit, its Produfls WaltrforJ, its Tiade Weights, their Variety and Correfpondence WiHittitlttHil, its Produila Whalebone, or Fins, foreign cut, prohibited Im- • (Ktrtation W. ffs and Qiinys at Lcndcn, where Goods may not be (hipped, H:. See Cuftom-Houfe. lyifttnim, itjrrodufts Wiiljhirr, itsProduAs Wines, leakiij^ in fi Vdyajte, does not occafion a Lois (if Freight, if it has not been by the Mailer's FauU Wool, or Sheep, of Briiijh Produce, rot to be exaorted, with the laft A£l of 17S8, and other Regulations 78 to 91 Wi>rff^fr,*/'«, its Prod ufls 61 X Wreck its Etymology and DifTctence 1 ;7 When falls to the King ditto Laws and R^ulations concerning it ■ 59 to 1 6z 62!) 6.7 7' 617 37 YARMOUTH Harbour, its Aft ■^ Ycrkjhirt, its ProduOs Yvirdan, its Trade z. ^^OFFINGUE, its Trade ^ Zug, its Produftj Zuritk, its Trade Z»t%ecb, iu Fair* *7! 89* \C? 891 89Z 889 89« •4t, ■tift.V. \^», ■ of 5, yi', FINIS. /^. .v«^ ^-. li .1 n