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THE
UNIVERS
Extelvitron 1842
LEX MERCATORIA REDIVIVA :

OR, THE
C
MERCHANT'S DIRECTORY.
10/1
BEI N G A
2864
Complete GUIDE to all Men in BUSINESS,
WHETHER A S
T R A D E R s,
R E MI T T E R S
OWNERS,
FREIGH TERS,
CAPTAINS,
I !
INSURERS,
BROKERS,
FACTORS,
SUPERCARGOES,
i AGEN TS,

CONTAINING
An Account of our MERCANTILE COMPANIES; of our COLONIES
and FACTORIES abroad; of our Commercial Treaties with Fo-
reign Powers; of the Duty of CONSULS, and of the Laws
concerning Aliens, Naturalization, and Denization.
TO WHICH IS ADDED,

A Sketch of the preſent State of the Commerce of the whole WORLD;
deſcribing the Manufactures and Products of each particular Nation ; with
TABLES of the Correſpondence and Agreement of their reſpective Coins,
WEIGHTS, and MEASURES.
EXTRACTED FROM THE WORKS OF
THE MOST CELEBRATED BRITISH AND FOREIGN COMMERCIAL WRITERS.
The whole equally calculated for the Information and Service of the MerCHANT, LAWYER,
MEMBER of PARLIAMENT, and private GENTLEMAN.
By the late WYNDH AM BE AWES, Efq; ;
His Britannick Majeſty's CONSUL at Seville and St. Lucar.
THE FOURTH EDITION,
Conſiderably IMPROVED, ENLARGED, and Altered to render it ſuitable to the preſent Time,
By THOMAS
MORTIMER, Eſq;
Formerly his Majeſty's Vice Consul at Oſtend, and Author of ſeveral COMMERCIAL TREATISES.
L O N D 0 N.
Printed for J. RIVINGTON, and Sons, T. LONGMAN, B. Law, S. CROWDER, T. CADELL, G. ROBINSON,
J. Sewel, and R. BALDWIN.
MDCC LXXXIII,

Sos
is
fluQUUTUMIT
PENSTE
ET
MON
DROIT
DIEU
GEORGE
R.
VÉORGE the Second; by the Grace of God, King of Great-Britain, France, and Ireland, Defender of
the Faith, &c. To all to whom theſe Preſents ſhall come, Greeting : Whereas Our Truſty and Well-
beloved WYNDHAM BE AWES, of our City of London, Merchant, hath, by his Petition, humbly
repreſented unto Us, That he has with
great Labour, Application, and Expence, compiled a Body of Trade,
under the Title of LEX MERCATORIA REDIVIVA, or The MERCHANT'S DIRECTORY,
which contains every Particular relative to the Commerce, not only of theſe Kingdoms, but of all the known
World, and does alſo explain; in a more full and ample Manner than hath hitherto been done, the Nature of
Exchanges, Inſurances, Bankruptcies, Bills, Obligations, and every other Circumſtance proper for a Mer-
chant's Knowledge, by which he may be fully guided in all his Tranſactions in every Branch of Trade; and
that though it be more particularly adapted for the Inſtruction and Government of Men in their Commercial
Engagements, yet its Utility is not confined to theſe only, but may, occaſionally, be of Uſe and Service to
all other Our Subjects; as the Lawyer will be adviſed, therein, of what Diſputes have occurred in the differ-
ent Parts of Trade, and how the ſame have been decided in Our Courts of Juſtice; and the Senator and
Gentleman informed of the many Advantages which Trade brings to the Nation : That the whole will be
comprized in one Volume, in Folio, and the Petitioner hopes may prove the moſt uſeful Book of its kind
hitherto publiſhed; being the Products of a Thirty Years Experience in Mercantile Affairs, by him (the
Petitioner) and of his Collection of Materials, during the Term, from the beſt Writers in moſt Languages ;
and that, as ſuch a Work is greatly wanted by the Publick, and, conſequently, may be of general Uſe and
Advantage, the Petitioner hath, in regard to the Premiſes, moſt humbly prayed, That We will be graciouſly
pleaſed to grant him Our Royal Licence and Privilege, for the ſole Printing, Publiſhing, and Vending the ſaid
Book, for the Term of Fourteen Years, agreeably to the Statute in that Behalf made and provided : We
being willing to give all due Encouragement to Works of this Nature, which may be of publick Uſe and
Benefit, are pleafed to condeſcend to his Requeſt, and do therefore by theſe Preſents, ſo far as may be
agreeable to the Statute in that Behalf made and provided, grant unto him, the ſaid Wyndham Beawes
, his
Heirs, Executors, and Aſſigns, Our Royal Privilege and Licence, for the ſole Printing, Publiſhing, and
Vending the ſaid Book, for the Term of Fourteen Years, to be computed from the Date hereof; ſtrictly for-
bidding and prohibiting all Our Subjects, within our Kingdoms and Dominions, to reprint, abridge, or
tranſlate the ſame, either in the like or any other Volume or Volumes whatſoever, or to import, buy, vend,
utter, or diſtribute any Copies thereof, reprinted beyond the Seas, during the ſaid Term of Fourteen Years,
without the Conſent and Approbation of him the ſaid Wyndham Beawes, his Heirs, Executors, and Aſſigns,
by Writing under his or their Hands and Seals firſt had and obtained, as they, and every of them, offending,
herein, will anſwer the contrary at their Perils; whereof the Commiſſioners and other Officers of our Cuſtoms,
the Maſter, Wardens, and Company of Stationers of Our City of London, and all other Our Officers and
Miniſters whom it may concern, are to take Notice, that due Obedience be rendered to Our Pleaſure herein
ſignified. Given at our Court at St. James's the Eighth Day of March, 1750-51, in the Twenty-Fourth Year
of Our Reign.
By His Majeſty's Command,
582/4

HOLLES
NEWCASTLE.
Lately publiſhed,
Elegantly printed in Quarto, Price 18s. in Boards, the remaining Copies of
THE ELEMENTS of COMMERCE
In three TREATISES on theſe important Subjects.
In the firſt, the Origin and Progreſs of Commerce are traced, and the true Principles of univerſal Trade explained;
with Remarks on the Adminiſtration of commercial Affairs, and a Sketch of the Education neceſſary for a Britiſh
Merchant.
In the ſecond, the Science of univerſal Politics is defined; the Origin and different Forms of Governments are illuſtrated,
and the peculiar Advantages of the Britiſh Conſtitution clearly pointed out; with Strictures on the Royal Prerogative, and
the Rights of the Subject, concluding with a Sketch of the requiſite Accompliſhments for a Britiſh Senator.
In the third, an hiſtorical Account is given of the various Modes of raiſing the public Revenues of Nations; with Re-
marks on the Nature and Advantages of the funding Syſtem of Great-Britain ; Obſervations on Taxation, and Methods
propoſed for improving the public Revenues; with Hints for aboliſhing Taxes on the Neceſſaries of Life, and ſubſtituting
others more equitable to ſupply the Deficiencies.
BY THOMAS MORTIMER, ES Q
KF In Confirmation of the Merit of the Work it need only be mentioned, that ſince its firſt Publication, ſeveral of the
Author's Hints have been adopted with Succeſs by Adminiſtration, by Parliament, and by the Merchants of the City of
London
Printed for R. BALDWIN, No. 47, Pater-Nofter.Row,
sxeuilson 184
Τ Η Ε
the ſubſequent Work?
A U Τ Η O: R’S
HE following Sheets are the Products of a leiſure Seaſon,
which I was perſuaded to believe I could not better employ
than in compoſing a Work long wanted, and conſequently
long wiſhed for, by the Commercial Part of Mankind. — And, as
the Publick has an undoubted Right to challenge every Thing from
its Members that may prove conducive to, or promote, a general
Utility; conſcious of this Obligation, I the more readily engaged in
leaft) to many whoſe Entrance into Buſineſs might need ſome
Aſſiſtance and Direction, though at the ſame Time not deſpairing
of its being alſo uſeful to thoſe of a longer ſtanding and Practice;
if not as an Inſtructor, yet as a Remembrancer, which they may
turn to for the Solution of any Difficulty occurring in the Courſe of
Trade. Theſe powerful Motives induced me to commence Author,
and to riſque the Cenſures of the Uncandid in Purſuance of ſo
laudable a Deſign, being animated thereby to undertake the ar-
duous Taſk, and exert my beſt Endeavours for the Publick Service,
which I have the pleaſure to ſee abundantly rewarded in its kind
Acceptance of them.
P R E F A C E
T

I have indeed long regretted to obſerve, that a Treatiſe of ſo be-
neficial a Tendency Thould, in a Trading Nation like this, continue
ſo much neglected, when many Tracts on every other (even the moſt
trifling) Subject are daily publiſhed; and thoſe few which the Preſs
has given us on the leſs important Parts of Commerce are generally
ſo erroneous and defective, that they are to be little regarded, and
leſs depended on: To remedy which, and to ſupply the Supinity of
others, I have already ſaid, were the Incitements to quit my Obſcu-
rity: And I ſhall now give ſome Account of the following Work,
and of the Steps I have taken to make my Appearance in as favour-
able a Light as poſſible.
arance in a

The major Part is an acknowledged Collection, or Tranſlation
(as ſuch general Work muſt be) from the beſt Authors, who in
moft
a
vi
PRE FACE.
moſt Languages have wrote on the Subject, and more eſpecially from
Monf. Savary's Dictionnaire de Commerce; corrected, however, and
ſupplied by thoſe Obſervations, which a thirty Years' Practice, more
than half ſpent abroad, and not negligently run through, had enabled
me to make: And I think I may, without Vanity, in ſome Mea-
ſure deem myſelf a competent Judge in theſe Affairs, that have been
my chief Study and the principal Buſineſs of my Life: Yet I readily
fubmit my. Labours to the Cenſure of ſuperior Abilities, and rather
wiſh than fear to ſee them improved to the Advantage of my Coun-
trymen; being conſcious, that, notwithſtanding all my Care and
Affiduity, they ſtand in Need of great Indulgence, for which I muſt
rely on my Reader's Candour. And I owe my Acknowledgments
(which I deſire in this publick Manner to pay) to that worthy Pro-
moter of Trade, Mr. R. Norcliffe of Hull, who generouſly furniſhed
me (even unaked) with many judicious Remarks on the Traffick
of Denmark, Norway, and the Sound; from which I extracted the
greateſt Part of what I have ſaid about it.— Francis Mannock, Eſq.
favoured me with the Impoſts on Merchandize at Cadiz; as Mr.
John Debonaire did with the Trials about Non-compliance with ac-
cepted Bills (in which he was a Party) in Portugal, and with an Eſti-
mate of our Commerce to that Kingdom.Mr. John Heaton,
(a Gentleman of the greateſt Candour and Benevolence) and Mr. Jobn
Rayner, both Attornies, and deſervedly placed among the few at
the Head of their Profeſſion, were fo kind as to lend me fome Af-
fiſtance; as Mr. Crawford, and Mr. —, two other noted Attor-
nies did: By all whom I beg my Thanks may
The Form I have put my Book in, I believed would beſt ſuit my
Intentions of having every Particular readily turned to, as Occaſion
ſhould require, which the large Contents at the Beginning, and ex-
tenſive Index at the End, will immediately lead my Reader to. And
as every Subject is placed by itſelf, the Chain of Reading is not broke
through, as it is in the Dictionarial and ſome other Methods; there-
fore I hope this, which I have elected, will be approved.
be accepted.
And though a Collection is not eſteemed to carry with it a Proof
of Genius and Underſtanding like a genuine Compoſition, yet the
Labour muſt be allowed greater, as it is certainly more eaſy for a
Perſon to pen his own Thoughts than dexterouſly to ſelect and
range thoſe of others; more eſpecially if he has them to ſeek, com-
pare, and correct, from a large Variety of Authors in different Lan-
guages. This has been my Talk: And I wiſh my Performance
may be looked on like the Bee's Induſtry; as Honey will not loſe
its Taſte, or Virtue, by reflecting that that Inſect was only a Col-
lector, not Author, of its Sweetneſs.
ADVER-
ADVERTISEMENT
From the EDITOR of the preſent EDITION.
THE
HE eſtabliſhed Reputation of this very uſeful commercial Work, a
11 new Edition of which is now offered to the Public, has been for many
Years fo generally acknowledged at Home and Abroad, that it is almost
needleſs to add any farther Recommendation of it; yet, ſome Information on
that Head has been received by the preſent Editor, which he thinks it in-
cumbent on him to communicate.
Soon after the Proprietors had done him the Honour to intruſt to his Care,
the very difficult and delicate Talk of improving a Work originally containing
a rich Fund of uſeful commercial Knowledge, the Editor took every oppor-
tunity to enquire, what Degree of Credit and Eſtimation the former Editions
had acquired in foreign countries, and to what Latitude it was known.
Upon converſing with the late worthy Sir James Porter, who reſided fifteen
Years at Conſtantinople as Britiſh Miniſter to the Ottoman Court, he found
that Sir James conſidered, the Lex Mercatoria of Wyndham Beawes, to uſe
his own Éxpreſſion, “ as an Apoſtolical Authority in commercial Matters,”
adding, “ that he did not conceive it poſſible for any Miniſter or Conſul
reſiding in a maritime, commercial Country to diſcharge every Point of his
Duty with Satisfaction to himſelf, and Credit to his Royal Maſter, without
conſulting it in all difficult Caſes.” From the ſame Gentleman he learned,
that the foreign Miniſters, Conſuls, Factors, and Agents of other Nations
had Impreſſions of this work in their Libraries, and Accompting-houſes at
Conſtantinople, Aleppo, Smyrna, and other parts of Turky.

From ſeveral Gentlemen concerned in the Eaſt-India Trade, he re-
ceived Information of the ſame Tenour, reſpecting its Credit and Utility in
our Settlements in the EAST-INDIES. TO AMERICA ſeveral Copies were
exported annually, before the late Troubles. In the WEST-INDIES, upon
the Teſtimony of ſeveral eminent Merchants, he learned, that it was almoſt
the only commercial Work upon which the mercantile Inhabitants relied for
ſettling Conteſts between them and the Owners, Maſters, and Freighters of
Ships, and their. Agents, in an amicable Manner, without going to Law.
That excellent Monarch, the reigning Empreſs of Russia, foon after her
Acceſſion, took Care to have a Copy in the Royal Library at Peterſburgh, and
the Britiſh Merchants there, have no other Guide for their commercial Inter-
courſes in Caſes of Difficulty. In a Word, ſeveral Literary Gentlemen, who
have diſtinguiſhed themſelves by the Publication of their Travels, have aſſured
the Editor, that the Lex Mercatoria was in every valuable, public Library they
viſited abroad,
After this juſt Eulogium on the original Work, the Editor enters with Dif-
fidence into a ſhort Diſcuſſion of the ſuperior Advantages of the preſent Com-
pilation. It muſt be obſerved, that Commerce, like all other ſublunary
Tranſactions, is ſubject to Revolutions; and it is on theſe Revolutions that
the very important and numerous Additions made to the preſent Edition are
chiefly founded. The various Changes in the State of Commerce in our own
and other countries are noticed and inſerted in their proper Places ; but in
5
deſcribing
A D V E R TI SE M E N T.
deſcribing the General Trade of the World, it has been thought moſt prudent
not to enter into the political Revolutions of North-America ; the Products
of the Thirteen Colonies, which we have the Misfortune to record as loſt to
Great-Britain, are the ſame as heretofore ; with their Independence they have
indeed acquired the Liberty of trading with other Nations, and have opened
a new Source of Commerce with France; but the Commodities they export
are the ſame as before; and in the preſent infant State of their new Govern-
inent, it is impoſſible to foreſee what future commercial Regulations may take
Place; the ſtrong Preſumption however is in favour of Great-Britain, with
whom it is hoped the United States of America will renew their an-
cient commercial Connections, upon the Principles of Intereſt, their Com-
modities in general bearing a better Price at the Britiſh than at any other
Markets.
With Reſpect to IRELAND, the Change is great indeed, and firmly eſta-
bliſhed by ſundry Acts of Parliament removing the Reſtraints which the Trade
of that Kingdom impoliticly laboured under, and opening a wide Field of
Improvement for her, which in the End muſt prove proportionally beneficial
to her Benefactors : Great Care has, therefore, been taken to inſert the Acts,
and make the neceſſary Alterations and Additions to render this part of the
Work as complete as poſſible.
New commercial Writers of great Abilities having favoured the Public with
their Labours, ſince the laſt Edition of our Work, whatever Aſſiſtance they
could furniſh for the Improvement of the preſent has been carefully extracted.
The principal Books we allude to are, Parker's Digeſt of the Laws of Shipping
and Inſurance, Wefkett's Laws of Inſurance, comprifing a Variety of uſeful
Information on Trade in general. Mortimer's Elements of Commerce, &c. and
Green on the Bankrupt Laws. Beſides theſe, we have availed ourſelves more
copiouſly than formerly of that valuable Work, Anderſon's Chronological
Deduction of Commerce, now out of Print, and of the laſt Edition of
Poſtlethwayte's Dictionary of Commerce. The Editor's own Experience in a
public commercial Station abroad, independent of his former commercial
Publications, he flatters himſelf, has likewiſe enabled him to make conſide-
rable Improvements.
After having thus delineated the Outlines of the Alterations and Additions,
it would be ſuperfluous to enter into a Detail of Particulars, as thoſe who are
in Poſſeſſion of the former Editions will find, by Compariſon, that they occur
under almoſt every general Head or Chapter throughout the Work.
Upon the whole, it is hoped, that as no Expence or Afliduity has been
ſpared to make the Work anſwer the Expectation of that vaft Body of reſpect-
able Characters who are intereſted in it, it will meet with the Approbation and
Encouragement of the commercial World.
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THE
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- CONTENTS

213
220
AN Hiftorical Deduction of Trade from its original
Page 1
Of Merchants, whether Natives or Foreigners; their
. Character"; ſome
Directions for their prudent Conduct, and an Abſtract of the Laws now .
bin Force concerning them: Particularly thöfe, relating to the Exportation
of Corn
31
Of Factors, Supercargoes, and Agents
45
Of Ships, Owners, Captains, and Sailors, with Abſtračts of the Laws in
Force probibiting or permitting the Exportation and Importation of fundry
Merchandiſe
, and all the Rules and Regulations to be obſerved in ſhipping,
and unlading them
49
Of Freight, Charter-parties, Bills of Lading, Demorage, and Bottomry
119
Of Ballaſt
129
Of Pilots, Lodeſmen, or Locmen
132
of Wrecks, viz. Flotfam, Yetfam, and Lagan
142
Of Salvage, Average, or Contribution
146
Of Ports, Havens, Lighthouſes, and Sea-Marks
151
Of Letters of Marque and Repriſal
Of Privateers or Capers
Of Pirates and Sea Rovers, and Barratry -
241
Of Convoys and Cruizers
253
Of Captures, Condemnations, and Appeals
254
Of Bills of Health and Quarantine
255
Of Embargoes, or Reſtraint of Princes
260
Of Protections, Paſports, and Safe-Conducts
261
Of Leagues and Truces
262
of Proclamations for War and Peace Is
263
Of the Admiralty
of the Court of Admiralty
Of Conſuls
279
Of Freedom of Navigation
287
Of Inſurance
291
Of Arbitrators, Arbitrament, Arbitration Bonds, and Awards
341
Of Aliens, Naturalization, and Denization
Of Banks and Bankers
355
Of Uſury
401
of Cuſtoms and Cuſtom-Houſe Officers
406
Of Bounties
429
Of Contracts, Bonds, and Promiſſory Notes
439
Of Bills of Exchange
Of Brokers
492
Of the Par of Monies
b
264
265
348
448
498
Of
1
C Ο Ν Τ Ε Ν Τ S.
614
718
736
639
643
644
1
683
684
685
Of Arbitrations of Exchange
Page 505
Of Bankruptcy, all the Laws of, with New Cafes
527
Of the General Trade of the World
613
England
Wales
627
Scotland
628
Ireland
634 & 706
France
Spain
Portugal
744
Italy
745
Africa
767
Aga
785
Of the Trade between Great-Britain and France
Holland
641
Germany
Spain
Portugal
654
Great Britain's Trade with Italy, including under this Denomination Venice,
Naples, and Sicily, Genoa, Leghorn, Ancona, &c.
658
ibid
Of the Trade carried on by Great-Britain with Turkey and Barbary
Africa
666
Aſia
676
America 684
Of the Eaſt-India Company
677 to 683
of the South-Sea Company
of the Hudſon's Bay Company
Of America's General Trade
ibid.
The Trade of Florida ditto
Georgia
ibid,
Carolina
689
Maryland
690
New-York
со 691
Virginia
ibid.
Penſilvania
ibid.
The Jerſeys and New England
692
Nova-Scotia
694
Canada
Barbadoes
ibid.
St. Chriſtopher's, Nevis (or Mevis) and the other Caribbee
Iſands
698
Jamaica
700
The Lucayos, or Bahama Iſles
701
The Bermudas, or Summer Iſands
ibid.
Newfoundland
702
An Account of the Trade between Great-Britain and Muſcovy, carried on
by the Ruſſia Company
703
Of the Trade between Great-Britain, Denmark and Norway, Sweden,
Poland, -Pruffia, and the Auſtrian Netherlands
704 & 705
Of the Levant Trade, and that on the coaſt of Barbary
755
of the Trade of Cairo, Alexandria, and Roſetta in Egypt
761
Of the Trade of the Archipelago
765
Of the Trade of the African Coaſts
Of the Trade of the African Iſlands
780
Of the Trade of the Canary Iſles
783
Of the Trade of the Gulf of Perſia
Of the Inland Commerce of Perſia
790
Of the Commerce of Great Tartary
793
Of the General Trade of the Eaſt-Indies
799
Of the Commerce of the Coafts of India
804

697

769
788
4
Of
C O N T E N T S.
Page 818
833
834
835
842
843
844
845
849
854
855
856
879
Of the Trade of China
Of the Trade of the Tſands of Aſia
827
Of the Trade of Sumatra
Borneo, Crimati, or Crimatia
of the Molucca, or Molucque Iſlands
Of the Iſles of Banda
838
Of Amboyna
ibid.
Of the Philippines, or Manillas
840
Of the Iſles of Thieves, or Ladrones
841
of the iſes of Japan or Japon
Of the Trade of Jeſſo
America, Geographical and Political Diviſon of
Of the Trade on the Coaſts of Spaniſh America in the North Sea
Of the Commerce of the Spaniſh American Coaſts in the South Sea
of the Trade of the French America
Commerce of the Portugueſe America
Of the Trade of Holland with the North of Europe
Concerning the Trade of the North and the Baltick Sea
859
Of the Trade of Denmark
860
Concerning the Sound
861
Of the Trade of Norway
870
Of the Trade of Courland, Pruſſia, and Pomerania
877
of the Commerce of Livonia, and its principal Cities
Of the Commerce carried on at Archangel, and other Places of Muſcovy
880
Of the Trade of Sweden
882
Of the Commerce of Switzerland and Geneva
Of the Weights uſed throughout Great-Britain
Of thoſe uſed in France, Holland, Coningſberg, Dantzick, Elbing, Stetin,
Lubeck, Breſlau, Bremen, Naumbourg, Erfurt, Berre, Cologn, Ghent,
Bruſſels, Malines, Bruges, Liſle, St. Malo, Bayonne, Genoa, and Rome 894
Leghorn, Florence, Lucca, Palermo, Venice, Bologna, Bergame, Naples,
Smyrna, Conſtantinople, and Aleppo
Tripoli, Seyda, Alexandria, and Grand Cairo.
A Table of the Agreement which the Weights of the principal Places in Europe,
have with each other
Ditto of the Dry Meaſures for Corn
898 to 906
A Table of the Agreement of diverſe Meaſures with thoſe of Amſterdam,
Paris, and Bourdeaux
906 to 910
An Abſtract of the correſpondent Weights and Meaſures of the different Species
of Corn in Flanders and Germany
911 to 913
Ditto of Long Meaſures
913 to 915
A Table of the Agreement which the Long Meafures of the chief Places in
Europe have with each other
The Meaſures of France and other countries reduced into Feet, Inches, and
Lines
917
The Correſpondency of the Length of a Foot in diverſe Places
ibid,
Of Dry and Liquid Meaſures
918 to 920
Of Coins, both Real and Imaginary, in all Countries
920 to 932
Ăn Alphabetical Liſt of the Coins, Weights, and Meaſures of Aſia, &c. 932 to
the End.


885
893

895
896
897

916
THE

AN
HISTORICAL DEDUCTION
OF
TRADE AND COMMERCE,
FROM THEIR ORIGINAL.
I
their general Accesorios para
SO 5000
T is eſſentially neceffary for the better underſtanding of this hiſtorical
Deduction, that we ſhould define the Diſtinction between the Terms
Trade and COMMERCE, according to their general Acceptation at this
Day throughout the mercantile World.
TRADE is that Kind of Traffick which is carried on between the Meinbers
of any Community, great or ſmall, inhabiting the ſame Country: Wherein
Exchanges are made of one Commodity for another, in which caſe, the
Trade ſo carried on is uſually called Barter; or wherein Purchaſes of Com-
modities are made from each other, through the Medium of Money, or its
Repre ſentatives Bills, Notes, Bonds, and other Paper Securities.
COMMERCE is that Intercourſe with foreign Nations, which is carried on
from one Country to another by Means of Navigation ; either for the Ex-
change of Commodities ; or for the Sale or Purchaſe of them through the
Medium of Money, Commerce then, has its Baſis in Navigation, and is
ſupported by EXPORTS and IMPORTS, whereas fimple Trade may be tranſ-
acted independent of theſe Elements of Commerce, and herein chiefly con-
fifts the Difference.
Trade is almoſt as old as the Creation, a very ſmall Increaſe of Mankind
proved its Utility, and demonſtrated the natural Dependence our Species had
upon one another: Their occupations were (by the wiſe Diſpoſition of Provi-
dence) ſuited to their Wants; and the diligent Diſcharge of the one (by his
Bleffing) rendered fufficient to ſupply the moderate Cravings of the other; and
tho' Tilling of the Earth, or Feeding of Flocks, were the ſole primevous
Labours, yet (limited as they were) they could not be exerciſed by the firſt
Race of Men with that Comfort their great Creator deſigned them, without
a mutual Correſpondence and Traffick, as the Huſbandman's Subſiſtence would
have been poor without the Grafier's Help, and the latter's comfortleſs, under
the Want of Corn, Fruits, and Pulſe to his Milk; this led them to an Ex-
change of Commodities; and thus Trade commenced in the Infant World,
and ſo continued whilſt our Progenitors could content themſelves with theſe
Riches of Nature, and were not obliged by a growing Poſterity, to alter
their Method in diſpoſing of them. But when this became the Caſe, buying
and ſelling through the Medium of Money was invented and adapted in Lieu
of Barter by moſt Nations, and Commerce has been ſo handed down to us,
with the Exception of thoſe Savages to whom the Uſe of Coin has hitherto re-
mained unknown, and whoſe Traffick is ſtill carried on in its primitive Way,
though not always with its native Simplicity.
B
But

2
AN HISTORICAL DEDUCTION OF TRADE
But before this Alteration, occafioned by the great Increaſe of Mankind,
their Deſires were eaſily ſatisfied, as their Wants were the Boundaries of them;
they contentedly made the Fleece of their ſheep ſerve them for Cloathing, and
their Hunger found a ready Supply from their Gardens and Flocks: a neighbour-
ing Spring flacked their Thirſt; and a Tree, or a Tent, was ſufficient to defend
them from the Inclemencies of Weather, in thoſe Climes where the firſt Race
was ſettled. Their Labour procured them a ſatisfactory Support, and the Pro-
ducts of the Earth and Cattle ſerved them both for Neceffaries and Regales, till
their Corruptions brought in Fraud, and this gave birth to Avarice and Violence;
the Stronger began to invade the Weaker, and as ſeparate Property could only
be maintained by Force and Policy, Cities, were built, and Governments formed;
and when by this Means an aggregated Number ſwelled to too great a Magnitude,
to have their Neceſſities ſupplied by neighbouring Territories, they were com-
pelled to ſeek for remoter Helps, by Commerce, deſtroying thoſe halcyon Days,
pregnant with the Bleſſings of Health and Peace, by the Introduction of Luxury
and Exceſs, which ſpreading in Proportion to the Extenſion of Commerce
carried with them a long Train of Miſchiefs and Diſeaſes, quite changing the
Face of the primeval Golden Age, fo replete with Quiet and Tranquillity,
Diſtempers and Diſquiets flowed in from this Defection; and our unhappy
Forefathers no ſooner quitted the Rules of Abſtinence and Moderation, than
they found this Deviation and Change productive of a thouſand Ills, deſtruc-
tive both to the Eaſe of Mind and Body. But though theſe were the fatal Con-
ſequences of Commerce abuſed, yet the Growth of Mankind, and the peopling
thereby of different Parts and Continents, rendered the Continuation of it
abſolutely neceſſary for their Comfort and Support; and Life itſelf would have
proved burthenſome, without this Means of mutual aſſiſtance, which, in Pro-
ceſs of Time, encreaſing as Mankind did, and Men's Views and Deſigns being
extended in Proportion to their Deſires, Commerce was no longer limited to
the providing the Neceſſaries and Luxuries of Life but Profit was ſought in, and
became a Motive to, the carrying it on; which, however, might occaſionally
have promoted both Unity and Charity among Men, had the Correſpondence
been conducted with that Sincerity it ought; and by this Means might have been
rendered productive of thoſe reciprocal Benefits and Advantages, that naturally
accrue from the ſupplying the Wants of one Country, with the Superfluities of
another. And though the Degeneracy of Mankind has perverted theſe Lines
leading to Happineſs, from having the intended Effect, by their intermixing
Cozenage and Deceit in their Dealings, and, for many Ages paſt, made Ambi-
tion and Avarice the Motives to the Continuance and Extenſion of Commerce
more than Want; yet theſe finiſter Deſigns have accidentally proved very bene-
ficial to theſe latter Ages, as it is probable without ſuch Excitements, the grea-
teſt part of the World had ſtill remained unknown to us; but, puſhed on by
the Deſire of Gain, in order to ſupport the one and ſatisfy the other, Men have
made the many Diſcoveries which lay hid for Ages, and diſregarded the Riſks
they run, and the Inconveniencies they ſuffered, whilſt they conſidered them-
ſelves in the Road to Riches and Preferment; the pleaſing Proſpect animated
them to freſh Engagements, and a Succeſſion of theſe opened to us the wide
Field for Commerce that now lies before us, whatever then the Motives were
to the daring Enterprizes of former Ages, we of this are generally indebted
to the Undertakers of them for many of the Comforts and Conveniencies of Life.
And my Deſign in the Remainder of this Chapter being to ſhew the Advantages
we receive from their Labours, and to deduce the Growth and Progreſs of
Commerce from the ſmall Beginnings I have mentioned, I ſhall point out the
beneficial Influence it always had, and ſtill has, on human Affairs; and fhew
that all Nations have increaſed in Strength and Power, or remained weak and
abject, in Proportion as they have encouraged or neglected Commerce; which
is now become an univerſal Inſtrument that offers itſelf to every one, for the
Improvement of his Fortune,' and from whence the moſt flouriſhing States
derive their Strength, Sovereigns their fureſt Revenues, and private Men the
Eſtabliſhment of their Families in Eafe and Splendor.
I
Whoever

AND COMMERCE, FROM THEIR ORIGINAL.
OF THE
TYRIANS,
Whoever runs over all the Ages of the world, will find, that the Hiſtories;
even of the meſt warlike Nations, will furnith him with more intereſting
Accounts of their Commerce than of their Conqueſts.
If the greateſt Empires were establiſhed by Valour and the Force of Arms,
they were made firm, and ſupported, only, by the Succours, which Trade (with
the Labour and Induſtry of the People) furniſhed them with; and the Conquerors
would ſoon have languiſhed, and periſhed with the Conquered, had they not (as
the Scripture expreſſes it) converted the Iron of their Arms into Plough-lhares,
and had Recourſe to Riches, which Agriculture, Manufactures, and
Commerce
produce, in order to preſerve and improve, by the tranquil Arts of Peace, the
Advantages acquired in the Horrors and Tumults of War.
In Proof of the above general Affertion, of the Utility and Excellence of
Commerce, let us look back into the firſt Ages of the World, and bring the
Hiſtory of it down to our Times.
Monf. Huer* (the illuſtrious and learned Author of that excellent Book,
entitled, A Treatiſe of the Commerce of the Ancients) ſeems perſuaded, that the
Phenicians were the firſt Navigators in the World; though many think the
ingenious Dr. GARCIN, better founded in affigning it to the Arabians, in the
little Tract he has communicated to the Publick on that Subject; conſcious of
my own Incapacity, I ſhall not preſume to offer my Sentiments in ſo intricate
an Affair, more eſpecially after what has been advanced by thoſe learned Authors,
but ſhall give my Readers their own Words, in which they will find the
Reaſons they aſſign for their different Concluſions, and from which they may
draw Motives for fixing their own Judgement, on the Side they think moſt
agreeable to Truth. I thall begin with the Opinion of the firſt of theſe great
Men, and conclude the Chapter with that of the latter
The PHENICIANS, and Tyre their Capital, are the firſt that preſent themſelves COMMERCE
on examining the Commerce of the Ancients, and theſe will ſufficiently prove,
to what a Height of Glory, Grandeur, and Riches, a Nation is capable of
attaining by the ſole Reſources of Commerce.
Theſe people, according to Huer, only occupied a narrow Border along the
Sea-Coaſt, and Tyre itſelf was built on an ungrateful barren Soil, which,
when moſt fruitful and productive, was inſufficient to ſupport that great Num-
ber of Inhabitants, which the firſt Succeſſes of Commerce had brought thither.
Two Advantages, however, indemnified this Defect; they had excellent Ports
on the Coaſt of their little State, particularly that of their Capital; and they
were born with fo happy a Genius for Commerce, as to be commonly aſſociated
with the Egyptians, in the Honour done theſe latter, by ſuppoſing them the In-
ventors of Naval Commerce, particularly that of long Voyages,
The Phenicians knew ſo happily how to profit by theſe two Advantages that
they ſoon became Maſters of the Sea and Commerce. Lebanon, and the other
neighbouring Mountains, furniſhed them with excellent Wood for the Con-
ſtruction of their Ships; and they had in a ſhort Time numerous Fleets which
ran the Hazards of unknown Voyages to eſtabliſh their Commerce; and their
People multyplying almoſt to Infinity, by the great Number of Strangers,
which the Deſire of Gain, and the ſure Occaſion of enriching themſelves, drew
to their City; they found themſelves in a Condition to ſend out many Colonies,
particularly that famous one of Carthage, which preſerved the Phenician Spirit
of Traffick, and did not yield any Thing to Tyre itſelf in its Commerce, whilſt
it greatly furpaffed it in the Extent of its Dominion, as there will be Occaſion
to ſhow hereafter.
The Degree of Glory and Power, to which the Navigation and Commerce of
Tyre had raiſed it, rendered it ſo famous, that the Report of prophane Authors
would hardly be believed deſtitute of Exaggeration, had not the Prophets them-
felves ſpoke of it with ſtill greater Magnificence; ſo that the Deſcription of its
Grandeur, of its Forces, and the almoſt incredible Number of its Veſſels,
Merchants, and Merchandizes, makes one of the moſt beautiful Paſſages in the
Prophecy of Ezekiel, which could not poſſibly be forgot, when we are ſpeaking
of the Excellence of Commerce, and its Splendor. And the Prophet Iſaiah
likewiſe ſays, That Tyre is the common City of all Nations, and the Center of all
Commerce,
* Biſhop of Avranches or Soiſſons.
AN HISTORICAL DEDUCTION OF TRADE

COMMERCE
OF THE
NIANS.
Commerce, and in a Word, is the Queen of Cities, whereof the Merchants are
Princes, and which has for Traders the moſt illuſtrious Perſons of the Earth.
Such was the ancient Tyre, when (following the Prophecies of Ezekiel) ſhe fell,
or funk, under the Arms of Nebuchadnezzar, after a Siege of thirteen Years.
It is true, that Providence had (if
we may ſo ſay) ſecured an Aſylum and Reſource
to the Inhabitants of this unfortunate City; for the Tyrians, during ſo long a
Siege, had both the Precaution and Time to fortify a neighbouring Illand, where
they eſtabliſhed their maritime Forces, and where their Merchants retired with
their Stores and Merchandizes, and there continued a Buſineſs ſo flouriſhing,
that the taking and ruining of their firſt City, did not deſtroy their Empire of
the Sea, nor the Reputation of their Commerce.
It was this new City of Tyre, which, truſting in its Riches and Puiſſance,
dared afterwards to reſiſt Alexander the Great, already Maſter of one Part of Aſia,
and had like to have interrupted, for ſome time the Courſe of his Victories ; but
in Reward for its Temerity, it was entirely deſtroyed by the Conqueror; and,
to the End there might remain to it no Hopes of being a ſecond Time reſtored
he removed its Marine and Commerce, transferring them to Alexandria, a new
City that its Founder intended to make the Capital of the Empire of Apa, of
which he then meditated to atchieve the Conqueſt,
Whilſt the one and the other Tyre experienced theſe great Revolutions, Car-
CARTHAGs. thage, a Tyrian Colony augmented its Forces by Commerce and thus became
enabled to diſpute with Rome the Empire of the World.
Thoſe new Africans ſoon reaped the Benefits, which the happy Situation of
their City offered, and profited by the Genius for Navigation and Commerce,
which they had brought with them from Phenicia ; they made their fleets and
Merchants paſs on one side to the Ocean, beyond the Pillars of Hercules; and,
on the other along the whole weſtern Coaſt of Europe; and, if ſome Authors
may be credited, their Pilots and their Merchants even had the Boldneſs, or
good Fortune, to be the firſt that penetrated as far as thoſe unknown Lands,
the Diſcovery of which, many Ages afterwards, has done ſo much Honour,
and brought ſo much Profit to the Spaniards.
The Carthaginians, quite occupied in their Commerce, never thought (till too
late) to value themſelves on the immenſe Riches, which they had amaſſed (by
this Means) for extending their Dominion abroad; but their being tired of their
pacific State coſt them dear. -
Their City, which Commerce had peopled with above ſeven hundred thou-
ſand Inhabitants, was foon deſerted, to furniſh their Armies with Troops and
Recruits. Their Fleets, accuſtomed ſolely to carry their Merchants and Mer-
chandize, were now only loaded with Soldiers and warlike Stores, and of their
wiſeſt and more fortunate Traders were formed thoſe. Chiefs, and Generals of
Armies, which were deſtined to make Rome tremble, and put Carthage in a
Condition to become the Miſtreſs of the World.
The Renowned Military exploits of the Carthaginians in Sicily, Sardinia,
Spain, and particularly in Italy, under the famous HANNIBAL, and alſo the
Diſorder of their Affairs by the Victories of the two SCIPIOS, are facts well
known, and are of too little Import to the Matter of which we treat here, to
call for any Detail of them; and I ſhall only add, that Commerce had raiſed
Carthage to ſo high a Degree of Riches and Power, as obliged the Romans to a
fifty Years crueland doubtful War, to ſubdue this Rival; and, in fine, triumphant
Rome believed ſhe could not entirely ſubjugate and reduce her by any better
Means, than cutting off thoſe Reſources which ſhe might yet find in Com-
merce, and which, during ſo long a Time had ſupported her againſt all the
Forces of the Republick.
It was, in Effect, that Refolution of the Senate which decided the Fate of
Carthage; and the Carthaginians themſelves were fo terrified, that having
apprehended by this Deſign, they ſhould be obliged to give up their Fleet, and
to retire inland five Leagues from the Sea, they choſe rather to expoſe them-
felves to the Hazards of the third Punic War (ſo fatal to them) than to renounce,
ſo eaſily the only Hopes that could remain to them in their Misfortunes, and
voluntarily conſent to ſee their Commerce paſs to Urica, where they knew the
3
Romans
aft alle

AND COMMERCE; FROM THEIR ORIGINAL.
5
EGYPTIANS.
Romans, to atchieve their Ruin, propoſed to transfer it, as we have faid Alexander
did that of Tyre, to the new City he had given his Name to, when he deter-
mined to puniſh the Tyrians for having dared to retard his Conqueſts.
ALEXANDER lived too ſhort a Time to be Witneſs of the happy and flou-COMMERCE
riſhing State, to which Commerce would elevate this laſt City. The Ptolemies,
who, after his Death, had Egypt for their part of his Conqueſts, took Care to
ſupport the Infant Trade of Alexandria, and ſoon brought it to ſuch a Degree of
Perfection and Extent, as to bury in Oblivion both Tyre and Carthage, whichi,
during ſo long a Time, had carried it on, almoſt alone, and had re-aſſembled to
them the Commerce of all other Nations.
The rapid Succeſs of the Commerce of Alexandria, ought not to occaſion
much Surprize, when Reflection is made on its happy Situation, which rendered
it ſo commodious to be the Depoſitory of all Merchandizes from the Eaſt and
Weſt; and to maintain the Empire of the Sea, the ſureſt Means of furpaſſing
all other Nations in Wealth and Power.
This farnous City had on one Side a free Commerce with Aſia, and all the
Eaſt, by the Red Sea; the ſame Sea and the Nile gave her Entrance into the vaſt
and rich Countries of Ethiopia. The Commerce of the reſt of Africk and Europe
was open to her by the Mediterranean; and, if ſhe would carry on the interior
Commerce of Egypt, ſhe had beſides the Convenience of the Nile, and Canals
made by the Hands of Men (Works immortal, and almoſt incredible, of the
firſt Egyptians) the Advantage of Caravans, fo convenient for the Safety of
Merchants, and for the Tranſportation of their Merchandizes.
Add to theſe, a large and ſafe Port, where foreign Veſlels arrived from all Parts,
and whence departed inceſſantly the Egyptian Veſſels, which carried their
Merchants and Commerce to all parts of the then known World.
It was this Conveniency of depofiting Merchandizes at Alexandria, that ſpread
through all Egypt thoſe immenſe Riches, which rendered their Kings fufficiently
powerful to tupport themſelves, for more than an Age, againſt the Romans, who
endeavoured, from Time to Time, to ſubdue fo fine a Kingdom: Riches ſo
conſiderable, that Hiſtorians affirm, that the Product only of the Cuſtoms of
Importation and Exportation, upon the Merchandizes that paſſed the Cuſtom-
Houſes of Alexandria, amounted annually to more than thirty Millions of Livres,
(or about 2,250,000l. Sterling) though the major Part of the Ptolomies were
moderate enough in the Impoſts which they laid on their People.
Before the Battle of Astium, the Romans had always found, in the Spoils of Commerce
the Nations they had ſubjected, from whence to fill the Treaſury of the Re-
publick, and, at the fame Time, to furniſh a Sufficiency for the Expences, in
which the Plan of an univerſal Monarchy continually engaged them.
Theſe Reſources beginning to fail them, the Commerce of Egypt ſeemed very
proper to ſupport by its Riches and Credit the Reputation and Empire of Rome.
From the Time that AUGUSTUs had reduced this Kingdom to a Province, he
earneſtly endeavoured to make the Commerce of Alexandria flouriſh more than
ever, and at the ſame Time he augmented that which the Egyptians had carried
on in Arabia, the Indies, and to the moſt remote Parts of the Eaſt, by Way of
the Red Sea.
Alexandria become Roman, was only inferior to Rome itſelf, in Grandeur and in
Number of Inhabitants. The Magazines of the Capital of the World were no
longer filled but with the Merchandizes which came to it from the Capital of
Egypt; and very ſoon neither Rome, not all Italy fubfifted, but by the Corn and
other proviſions brought to it by the Merchants and by Egyptian Fleets; and that
in ſo great a. Quantity and Abundance, that an Hiſtorian (fofephus) affirms (tho'
doubtleſs with ſome Exaggeration) that Alexandria yielded more Riches to the
Treaſury of Rome in one Month, than all Egypt in a Year: Though, if Pliny's
Calculation is to be credited, the Profits of the Commerce of Egypt amounted
yearly, for Rome, to 125,000,000 Crowns * (and theſe at 54d. to about
28,125,000l. Sterling, as the Exchange is through this whole Work) that is to
• Monf. Savary calculates a French Crown to be worth 54d. Sterling, at the Time of his Writing, though
it is greatly altered ince.
с
ſay,
OF THE
ROMANS.
wa
6
AN HISTORICAL DEDUCTION OF TRADE
COMMBRCE
OF THE
GAULS.
fay, a hundred Times more than the Romans employed, whoſe ordinary Expences
did not amount to above 1,150,000 Crowns.
This great Commerce (which foon made that of all the other Provinces of
the Empire flouriſh) augmented inceſſantly, and made the Senate determine to
maintain it, by the Corporations it eſtabliſhed in Rome, for Trade and Traders,
by the Laws which it made in their Favour (or rather by thoſe of the Rhodians,
which it adopted, and which are long ſince become a Specie of the Law of Na-
tions, for the Navigation and Commerce of the Mediterranean) by the Magiſtracy
it charged with their Execution, and by the Protection which it afforded to
the Merchants, as well Strangers as Romans, in all the Extent of the Empire.
Alexandria, notwithſtanding, had in the End, the Fortune of Tyre and of
Carthage. Commerce had raiſed her, and the Fall of her Commerceoverfet her.
The Saracens, who ſeized 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 firſt Rank after Rome and Conftantinople, hardly
preſerved any thing of its ancient Splendor; and though it afterwards regained
ſome Vigour under the Sultans, and enjoys the ſame now from the Chriſtian
Nations which carry on the Commerce of the Levant, it is however, no
longer poſſible to know again that ancient Alexandria, once fo famous, and
which by its Commerce was, for ſo long a Time, the Glory and Support of an
Empire, that, in Truth, was founded by Arms, but received its prin-
cipal Strength from Commerce.
Before we proceed to treat of the Commerce of the Moderns, we will yet add
ſome Examples of the Gallick Cities, which were formerly rendered famous by
the Enterprizes of their Merchants.
Marſeilles, the moſt ancient Ally of the Romans, equally celebrated for its
Antiquity, for the Wiſdom and Equity of its Senate, for the Sciences taught in
its Academies, for the many Colonies it eſtabliſhed, and for the Wars it
gloriouſly maintained againſt ſo many different People, jealous of its Riches,
was indebted only to its Trade for theſe Advantages ; and it was folely by the
Means of Commerce, that it arrived, in ſo fhort a Time, to that high Point of
Reſpect and Power, as to render it for a long Time the Arbitrator of the
neighbouring Nations, who were drawn there to learn the Arts and Politeneſs
of Greece, which its firſt Inhabitants brought from Afa, when they left it,
to ſettle among the Gauls.
The Example of Marſeilles foon animated the greateſt Part of the Gallick
Cities to engage in Commerce, more eſpecially thoſe that were ſituated upon
the fame Sea, or that were not far diſtant.
Arles became famous for its Experience in Navigation, and for its Ability in
the Art of building Ships. It likewiſe diſtinguiſhed itſelf for the Invention
of divers Manufactures, and above all, its Works in Gold and Silver gave it a
great Reputation.
Narbonne even yet exceeded Arles, and, ſo long as its Port exiſted, it faw
arrive Fleets from the Eaſt, Africa, Spain, and Sicily, laden with all Sorts of
Merchandize; whilſt the Inhabitants on their Side equipped their own Ships to
carry abroad the Products of their Country, or the Manufactures produced by
their Induſtry
When the Alteration of the Courſe of the River Aude had occaſioned its
deſerting the Port of Narbonne, Montpellier took the Advantage of that Change,
and this laſt City received in her own, Ships from all Parts of the Mediterranean,
which arrived before in that of the firſt mentioned.
There was yet reckoned among the Number of the French Cities, ſituated on
this Coaſt, which Commerce had renderedflouriſhing (though in a very inferior,
Degree to thoſe juſt now mentioned) Agde, Toulon, Antebes, Frejus, and Aigue-
Morte, particularly the laſt, before the Sands of the Rhone had left it at a Diſtance
from the Sea; and no one can be ignorant, that even in the Time of St. Lewis,
this was where the Embarkations were made for the holy Wars, and that
it was the Merchants of this Place who furniſhed that Monarch with the
greateſt Part of the Ships that compoſed the numerous Fleet which he fitted
out in the laſt Years of his Life for his Expedition againſt Tunis.
The




AND COMMERCE, FROM THEIR ORIGINAL.
7
IN THE
WEST,
The Gallic Ocean had likewiſe its Ports and Cities for Trade, of great Repu-
tation; as Bourdeaux in Guyenne, Vannes and Nantes in Bretagne, and the famous
Cerbillon (now unknown) which Strabo places near the Mouth of the Loire.
In fine, in the inland Country was Lyons, a City at this time famous for its
Trade, where, if we may believe fome Authors, there formerly aſſembled no
leſs than fixty Nations to treat of their Commerce, and which, from that Time,
(by its happy Situation at the Confluence of the Rhone and Saone) extended, as
one may ſay, its Arms, from the Ocean to the Mediterranean, and was become
as a general Staple or Storehouſe for all the French Merchandizes, without
reckoning the Commerce which the carried on in ali the Levant, and particularly
in Egypt, by Means of the Correſpondencies which ſhe had with Arles and
Marſeilles.
Let us now paſs from the ancient Hiſtory to thoſe of the middle Ages and RE-ESTA-
lateſt Times, and theſe two Hiſtories will furniſh us with Facts, which will BLISHMENT
not be leſs intereſting, nor leſs glorious to Commerce, than thoſe of which COMMERCE
Antiquity has taken Care to preferve to us the Memory.
Though the Romans as we have ſeen, cultivated and improved the Commerce
of Egypt, after that Country became one of their Provinces; yet in general they
were not a People poſſeſſing the Spirit of Commerce, they rather ſupplied the
Want of native Induſtry by their Attachment to military Glory, and they pro-
vided themſelves with the Luxuries of other Nations by conquering and plun-,
dering them. The Accounts of the immenſe Treaſures they brought Home
after ſubduing the richeſt Countries of the then known World almoſt ſurpaſs
the Bounds of Probability, but they are ſo well authenticated that they muſt
find a Place here as Memorials of the Splendor of ancient Rome.
Julius Cæfar upon his Conqueſt of Gaul, Africa, Egypt, and Pontus is faid
to have had at one time carried before him in his Triumph, Veſſels of Gold and
Silver computed by modern Authors to have been equal in value to twelve
Millions Sterling, which were depoſited in the publick Treaſury; alſo 1822
Gold Diadems weighing 15,023 Pounds, independent of the vaſt Treaſure,
which belonged to him as General. Their Proconſuls were likewiſe continually
ſending or bringing Home from the conquered Provinces of the Eaſt, immenſe
Riches in Gold and Silver, precious Stones, and every Article rare or excellent for
their Cloathing, Furniture, Tables, and Equipages, and for the Decoration of
their publick Buildings. The Palaces, Eſtates, and Revenues of many of the firſt
Citizens of Rome equalled thoſe of Sovereign Princes. Lentulus, Crafus, and
others had Eſtates worth three or four Millions. The Emperor Nero's Dona-
tions at ſundry Times are by ſome computed to have amounted to 17,760,000l.
Sterling; and it is recorded that he paid for a ſingle Carpet the ſum of 32,000).
ſome Roman Ladies are ſaid to have paid 3000l. for a ſingle Piece' of- Linen,
and Lullia Paulina when dreſſed in all her Jewels, wore to the Value of
32,2000l. Sterling. Yet theſe immenſe Luxuries not being employed in
Circulation, through the various Channels of Commerce, were in a great
Degree to be conſidered as a dead Stock locked up in the Houſes of
Individuals, and as the Sloth, Luxury and Effeminacy of the Emperors,
the Magiſtrates, and the People increaſed with them, it was ſoon found by
fad Experience, that the Empire could not ſuſtain the vaſt Expence of her civil
and military Eſtabliſhments without Induſtry, without Manufactures, without
Trade, to ſupport general Commerce. Its Diffolution was the Conſequence of
Relaxation from the Principles of Induſtry, Sobriety, and Oeconomy, the Baſis
of the durable Proſperity of Commercial States.
The Fall of the Roman Empire drew after it that of all the People who
had ſubmitted to it. The Inundation of the Barbarians, fo fatal to the Sciences
and polite Arts, was not leſs ſo to Commerce; and, if the Learned ſaw thcir
Libraries, and the fineſt Works, facrificed to the Flames, by People equally
brutal as ignorant, the Merchants had not more Power to ſave from their Fury,
either their numerous trading Fleets, with which they covered both the one
and the other Sea, nor the vaſt Magazines, which they had always full of
Merchandizes the moſt uſeful and rich.
So that whilſt theſe Nations, greedy of Blood and Pillage, were fighting with
the Romans, or whilſt they were diſputing among themſelves the Poffeffion of the
4
Countries





8
ÁN HISTORICAL DEDUCTION OF TRADE

Countries they had uſurped, all their Commerce conſiſted only of the Spoils of the
Vanquiſhed; and they had no other Trade than the ſharing of thoſe iminenfe
Treaſures, they found amaſſed in all the Towns of the Empire, which
they facked, and particularly in the Capital, which was more than once expoſed
a Prey to their Fury and Avarice.
But after the braveſt and moſt fortunate of theſe Barbarians had formed
powerful Monarchies from the Ruins of the Roman Empire: When they were
eſtabliſhed, ſome among the Gauls, as the Franks; others in Spain, as the
Goths; and others in Italy, as the Lombards; they foon learnt from the People
they had ſubjected, and with whom they afterwards aſſociated, the Neceſſity of
Commerce, and the Manner of carrying it on with Succeſs; and they became
ſo ſkilful, that ſome of them were in a State or Capacity of giving Leſſons to
others; for it is to the Lombards that the Invention and Uſe of Banks, of Books
with double Entries, of Exchanges, and a Number of other ingenious Practices,
which facilitate and ſecure Commerce, are commonly attributed.
It does not appear very certain who were the People of Europe, who, after
the new Maſters had divided it, and reſtored Peace; applied themſelves firſt to
Commerce, and made it flouriſh.
Some Injunctions of Charlemagne, and of Louis le Debonnaire, might make it
believed, that it was by France that Commerce re-eſtabliſhed itſelf in the Weſt,
and the Laws that thoſe two Princes made, either to hinder their Subjects from a
contraband Trade with their Neighbours, or to eaſe the Merchants who
trafficked in the interior Parts of their Eſtates, from the new Impoſitions which
they would have laid on their Merchandizes, at leaſt thew that the French,
before the eighth Century, did not carry on an inconſiderable Trade, either
within or without the Kingdom.
There is, however, an Appearance, that the Civil Wars, which were ſo fre-
quent under the Reign of Debonnaire, and during that of his Children, ſoon
interrupted the firſt Succeſs of Commerce (revived in France) and the Incurſions
of the Normans, who laid waſte almoſt at the ſame Time the French Empire,
having entirely deſtroyed Trade; the Italians had a Juncture to acquire the Glory
of being its new Reſtorers, as they ought to have that of afterwards recalling
the liberal Arts and Sciences, which had been baniſhed ever ſince the diſmem-
bering the Roman Empire.
It is therefore to the People of Italy, particularly to thoſe of Venice and Genoa,
that the Re-eſtabliſhment of Commerce is indebted; as it is alſo to Commerce that
theſe two famous Republicks, which have been ſo long Rivals, owe their
Glory and Power.
In the Bottom of the Adriatick Sea, there were a Quantity of ſmall marſhy
VENETIANS.
Ines, ſeparated only by narrow Canals, but covered, and ſecured, by divers
Moraffes, which rendered the taking them almoſt impracticable. Here fome
Fiſhermen retired, and lived on the ſmall Traffick which they made with their
Fiſh, and the Salt they drew from the Ponds on ſome of theſe Illes.
It was theſe Iſlands which ſerved for a Retreat to the Venetians, a People of
that Part of Italy ſituated along the Gulf, when Alaric King of the Goths, and
afterwards Attila King of the Huns, came to ravage Italy, particularly after the
laſt (who highly merited the Name of the Scourge of God, which he had
given himſelf) had taken Padua and Aquila, and had reduced them to Aſhes.
Theſe new Inhabitants of the Moraſſes did not at firſt compoſe any Body
Politic, but each of the ſeventy-two Iſles of this little Archipelago had, for
a long Time, their proper Magiſtrates, and, a Kind of ſeparate Sovereignty.
When their Commerce became ſo flouriſhing as to give Jealouſy to their Neigh-
bours, the Venetian Iſlanders thought of forming themſelves into a Republick,
and it was this Union (firſt begun in the ſixth Century, but not perfected till
towards the Middle of the eighth) which laid the moſt folid Foundations of the
Power and Commerce of the Venetians, particularly that of the laſt, which, during
more than four Ages, had not, in any Reſpect, its Equal in all Europe.
Until the Union of the Iſles, the Commerce of their Inhabitants ſpread but
little beyond the Coaſts of the Mediterranean; but the Eſtabliſhment of the
new Republick, having given Courage and Strength to their Merchants, their
Fleets were in a ſhort Time ſeen to viſit the moſt diſtant Ports of the Ocean,



COMMERCE
OF THE

3
and

AND COMMERCE, FROM THEIR ORIGINAL.
9
and afterwards thoſe of Egypt; and by the Treaties made with the Sultans,
under the Pope's Approbation, ſecured the Article of Spices, and other rich
Merchandizes of the Eaſt, which they were to purchaſe at Cairo, a new City the
Saracen Princes had built on the Banks of the Nile.
The Riches of the Venetians increaſed to ſuch a Degree, by the Commerce with
Egypt, that they thought themſelves ſtrong enough to undertake ſomeConqueſts,
and to form, from the taking a Number of important Towns, what they called
their State of Terra Firma, which rendered them yet more confiderable in Italy,
though they loſt a Part after the famous League of Cambray.
Animated by theſe firſt Succeſſes, and ſupported by the Reſources of their
Commerce, and by the inexhauſtible Funds, which their Merchants were capable
of furniſhing to the Treaſury of the Republic, Venice happily carried her Arms
yet farther, and extended her Conqueſts on the Side of the Morea, and in
many
of the principal Iſles of the Mediterranean and Archipelago, which ſhe ſubjected
to her Dominion; and, to complete her Glory, ſhe had a great Share in almoſt
all the Croiſades which were made for the Recovery of the Holy Land, or for
the Succour of the Chriſtians of the Levant, as well as at the taking of Confian-
tinople, and the Conqueit of the beſt part of the Grecian Empire, which paſt
under the Dominion of the French Princes, in the Beginning of the thirteenth

Century.
Venice was in this State of Proſperity and Glorywhen ſhe experienced the Lot
of fo many powerful Cities, which the Fall of their Commerce had either ruined or
weakened; the found, in the Diminution of her own, the fatal Term of that
Power which had given Umbrage to ſo great a Number of Princes combined
to her Deſtruction, who ſigned the Treaty of Cambray in 1508; and two of her
moſt celebrated Hiſtorians take particular Notice that their fage Senate had not
had ſo much Trouble to re-eſtabliſh their public Affairs after the famous Battle
of Aignadel, but becauſe the Republic could not any longer find the ſame Reſources
as heretofore, in the Coinmerce of the Merchants, already greatly enfeebled by
the Lofs of that of the Spices, which the Portugueſe had begun to carry from
them, and which was yet diminiſhed from another Side by the Provincials,
particularly by thoſe of Marſeilles, who became in greater Eſteem than the
Venetians at Conſtantinople, and in the principal Sea-Ports of the Levant, and
who knew ſo well how to maintain their Credit, that very ſoon all the Commerce
of thoſe Parts was carried on only under French Colours.
Genoa, which had re-commencedan Application to Commerce,at the fame Time COMMERCE
with Venice, and had not been in any Degree leſs fortunate in making it flouriſh, GENOESE,
was, for a long Time, a troubleſome Rival, who diſputed with the Venetians
the Empire of the Sea, and who ſhared with them the Commerce, they carried
on to Egypt, and all the other Ports of the Levant, and of the Weſt.
A Jealouſy was not long in breaking out, and the two Republics having come
to a Rupture, it was not till after three Ages, of an almoſt continual War,
(only ſuſpended by ſome Treaties) that the Genoef (commonly ſuperior to the
Venetians, and which was ſignalized by many Advantages that they had gained
during the new Wars they had together) loft, about the End of the fourteenth
Century, their Reputation and Superiority at the Battle of Chiozza, where
ANDREW CONTARINI, Doge and General of the Venetians, ſecured to his
Republic (by a happy Deſperation) the Honour of an unequal Combat, which
decided for ever a Quarrel ſo famous, and reſtored 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 Loſs, and victorious Venice enjoyed for
a whole Century its Advantages, both in Commerce and War; but, in fine, theſe
two Republics, although very unequal for the Rank which they hold now in
Europe, and for the figure they make, attained a Sort of Equality in Coinmerce,
with this Difference, however, that the Venetians carry on a greater than the
Genoeſe in the Levant, and the Genoeſe a more conſiderable one than the Vene-
tians in France, Spain, and other Chriſtian States in Europe.
The wild, enthuſiaſtical Expeditions of the Cruſaders for the Recovery of the Commerce
Holy-Land from the Saracens, in the Eleventh and following Centuries. The THE
D
Introduction Towns.

AN HISTORICAL DEDUCTION OF TRADE

Introduction of the Diſtillery into Europe in the twelfth Century. The
Conqueſts of the German Knights of the Croſs in Pruffia and Livonia, all theſe
Circumſtances concurred in the Revival and Strengthening of Commerce in
the meridional Parts of Europe. But above all, the Inſtitution of a Society of
Merchants in the North, which not only brought it to all the Perfection it was
capable of having, before the Diſcovery of the Eaſt and Weſt Indies, but alſo
begun to give it thoſe Laws it has continued to obſerve under the Name of Uſes
and Sea Cuſtoms, and to form a Sort of Code, the firſt of all thoſe which have
been ſince made for Maritime Commerce.
This Society is the famous Aſſociation of the Hanſeatick Towns, which is
commonly believed to have begun at Bremen on the Weſer, in 1164.
It was not at firſt compoſed of more than the Towns ſituated on the Baltick
Sea, or of thoſe that were but little diſtant. Its Reputation and its Forces
increaſing, there were but few of the trading Towns in Europe which were not
deſirous of engaging in it. FRANCE furniſhed to the Confederation, Rouen, St.
Malo, Bourdeaux, Bayonne, and Marſeilles ; SPAIN, Barcelona, Seville, and Cadiz,
ENGLAND, London; PORTUGAL, Liſbon ; the Low COUNTRIES, Anvers, Dort,
Amſterdam, Bruges, Rotterdam, Oſtend, and Dunkirk; ITALY and SICILY,
Meſſina, Livorno, and Naples:
The End of the fourteenth Century and the Beginning of the 15th were the
moſt flouriſhing Times of this Alliance ; it was then it preſumed to declare War
againſt Kings; and Hiſtory has not forgot that which it made againſt Waldemar,
King of Denmark, about 1348, and againſt Eric in 1428, particularly this laſt ;
where the Hanſeatick Fleet was compoſed of forty Ships, with twelve Thouſand
regular Troops, excluſive of the Sailors.
The Policy of the Princes, whoſe principal Towns had entered into this
Affociation, thought it ought to give Bounds to a Power, which began to grow
ſuſpicious, and which had not failed to become very foon formidable; the Means
were eaſy and ſhort ; each one withdrew their Merchants from the Alliance,
which, in a little Time (of that large Number of Towns of which it was
compoſed in its greateſt Power) found itſelf reduced to only thoſe that had begun
the Confederation ; Towns, notwithſtanding, ſtill ſo powerful by their Commerce,
that they were admitted to make Treaties with the greateſt Kings, and particu-
larly with thoſe of France, as very lately happened in the Reign of Lewis XV.
and in the Regency of Philip Duke of Orleans.
Some Towns of Lower Germany ſtill preſerve the Name of Hanſeatick Towns,
but, for the greateſt Part, this is rather a Title with which they aim to honour
themſelves, than a Mark that they continue to carry on Commerce under the
Laws and Protection of the ancient Alliance, there not being now more than
Lubeck, Hamburgh, Bremen, Roſtock, Brunſwick, Cologne, and a few others, which
are truly Hanſeaticks, and of which the Deputies are found at the Affemblies,
either ordinary or extraordinary, which they hold for the Common Intereſt of
the Aſociation.
The great Commerce which Holland carries on with the Hanſeatick Towns,
does not contribute a little to ſupport them in a Part of their ancient Reputation;and
it is particularly to the Alliance which they have with that powerful Republic,
that they owe the Preſervation of their Liberty; the Succours which ſome of them
have received have more than once ſaved 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 ‘amaſs by Commerce.
It was alſo Commerce, and the immenſe Riches the Dutch acquired by it,
that laid the firſt and moſt ſolid foundation of that Power, which has placed
them in a Condition to give ſo great Succours to their Allies; and it is only to
the Reſources, which they have found in Commerce, that they owe that Degree
of Strength and Credit, in which, at preſent, their Republick appears;
a Credit ſo great and ſo well eſtabliſhed, as has already, for a long time, rendered
it equal to Kings, and in ſome Sort the Arbitrator of their Differences.
The Netherlands, or Low Countries, now known by the names of Auſtrian,
French, and Dutch Flanders, and the Seven United Provinces formingthe Re-
public of Holland were anciently known by the Name of Lower Germany or
6
Belgium



COMMERCE
OF THE
DUTCH.
AND
rend other
COMMERCE, FROM THEIR ORIGINAL:
Belgium. They were reduced to a deplorable Condition after the Fall of the
Weſtern 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
Manufacture of Woollen Cloths, with which they ſupplied Britain and Germany.
The four natural Products of which the Britiſh Ijles had a Superfluity were
Wool, Leather, Tin, and Lead, and occaſionally a fifth, viz Corn. The In-
habitants of the Netherlands had little or no Superfluity of natural Products
to export ; they wanted moſt of thoſe of other countries, and they were
ſupplied with them by Way of Barter for their Woollen Manufactures. Baldwin
Count of Flanders about the Year 96o, conſiderably improved the inland Trade
of the Country by the Eſtabliſhment 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 theſe Provinces paſſed under the Dominion of Spain,
and were governed by the Spaniſh Monarchs with ſo much Severity, that in the
End, they revolted from Philip II. who ſuffered his Governor of theſe Provinces
to invade their religious and civil Rights, and ſeven of them by the powerful
aſſiſtance of the immortal Queen Elizabeth, and other Proteſtant Powers, formed
the famous Republick of Holland, which has ſince become one of the firſt
commercial States of Europe.
The Spaniards, to ſtop the Progreſs of this new-born Republic, believed
that hindering their Commerce would ſuffice, and to prohibit that which its
Merchants had always continued notwithſtanding the War in all the Ports of
the Spaniſh Dominions.
TheProject would have been effectual, for the Dutch, deprived of this Reſource,
would have found themſelves reduced to the laſt Extremity, if the moſt daring
of their Merchants had not taken the Reſolution to go to the Eaſt-Indies, to
partake, if it was poſſible, with the Portugueſe (then united with the Spani-
ards) the immenſe Riches which the Oriental Trade produced.
This Enterprize, which appeared far beyond the Power of theſe People, but
ill fixed in their Liberty, or rather who ſtill fought to obtain it; after ſome
unſucceſsful Voyages, was in the End fortunate, and they fitted out twenty
Merchandizes of the Indies, as well as with the Spoils and Booty of the Spaniards
and Portugueſe.
And, to prevent the Confuſion and Diſorder that ſo many different Companies
which were daily forming, and that had nothing in common but the Object of
their Commerce, might bring to it, it was then determined, by uniting them all
together, to form the famous Dutch Eaſt-India Company.
This great Eſtabliſhment was made in the Year 1602, and it this that has
ſerved as a Model to ſo many other celebrated Companies, which have ſince
carried on Commerce from Holland to all other Parts of the World, and parti-
cularly to the Ports of the Levant, Africk, the Weſt-Indies, and, in one Word,
to every Place, where Buſineſs could be tranſacted: Theſe able Merchants ne-
glected not any, and they found in the leſs important, as well as in the more
conſiderable, Profits and Reſources, which ordinarily eſcaped the Notice of other
Nations.
It is this Commerce, which may be termed univerſal, that re-aſſembles in
Holland this infinite Number of Merchandizes, which it afterwards diffuſes in
all the reſt of Europe.
It produces hardly any thing, and yet has wherewith to furniſh other People
all that they can have need of. It is without Foreſts, and almoſt without Wood,
and there is not ſeen any where elſe ſo many Carpenters, which work in naval
Conſtructions either for War or Merchandize. Its Lands are not fit for the
Culture 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 Mines
nor Metals, and yet there is found almoſt as much Gold and Silver as in New
Spain or Peru, as much Iron as in France, as much Tin as in England, and as
much Copper as in Sweden. The Wheat and other Grains that are there fowed,
hardly fuffice for Nouriſhment to a Part of its Inhabitants, and it is notwith-
ſtanding


notice of other


12
AN HISTORICAL DE DUCTION OF TRADE
COMMERCE
OF THE
RUSSIANS.
ſtanding, from hence that the greateſt Part of its Neighbours receive them,
either for their Subſiſtance or Trade; in fine, it ſeems as if the Spices grew there;
that the Oils were gathered there; that it nouriſhed the precious Inſects which
ſpin the Silk, and that all ſorts of Drugs for Medicine or Dying were in the
Number of its Products, and of its Growth; its Warehouſes are ſo full, and its
Merchants ſeen to carry ſo much to Strangers, or that Strangers come to load in
its Ports, that there is not a Day, and it may be ſaid, a Moment, that Ships
do not come in or go out, and frequently entire Fleets.
The Commerce of the Ruſians, a Commerce already ſo eſtabliſhed and extended,
and which we ſee increaſing under our Eyes, merits without Doubt not to be
forgotten in this hiſtorical Abridgement of the Progreſs of Trade, and of the
Advantages which thereby accrue to thoſe Nations that apply themſelves to it.
The Situation of Ruſic is one of the happieſt for Commerce; its Frontiers
bordering on thoſe of China, give to it a Facility of carrying on Trade, in that
vaft and rich Empire, which re-unites, in fome Sort, the whole Traffick of all
the Eaſt. On the side of the Caſpian Sea, there is offered to it the Commerce
of Perſia, of Armenia, and of the Eaſt-Indies; it may maintain a very confider-
able one with Conftantinople, and the other States of the Grand Signor, by Means
of the Ports, which it has, or which it may eſtabliſh, on the Euxine Sea; and
Archangel ſecures to it a great Traffick with France, England, Holland, the
Lower Germany, and many other Nations.
In fine, to ſupport this vaſt Commerce with Reputation, it does not lack
any rich Merchandizes, either of what it has, of its own Products, or, at leaſt,
that are found there, both better, and in greater Abundance, than elſewhere;
and, for the Tranſportation into its Provinces, of thoſe which come to it from
abroad, it has four great Rivers, whoſe Courſes are near enough to be eaſily
joined by Canals, and which diſcharge themſelves into the four Seas, by which
this grand Empire is in Part bounded, providing, as one may fay, for bring-
ing even into the Capital, the Spoils of all the reſt of the World.
So many Advantages were for a long Time neglected by a Nation equally
uncivilized and lazy, and where the natural Indolencewas maintained for Ages,
by the politicial Diffidence and Suſpicions of the greateſt Part of their Princes,
which had prohibited them all Communication with Strangers.
It is true, that after the Engliſh had diſcovered, by a fortunate Hazard, the
celebrated Port of Archangel, all Nations, which carried on the Commerce of
the North had a free Admittance into this part of the Ruſſian Dominions,
but it was not properly till the glorious Reign of Peter the Great *, that Ruflia
knew her Strength and true Intereſt
, in Regard to Commerce; and it is to this
Monarch (always vigilant for the Glory of his Nation and the Proſperity of
his People) that it is indebted for having extended its commercial Intercourſes
to all parts of the World, where other Nations of Europe have eſtabliſhed
theirs, and where till then, the Name and Empire of the Ruſſians were hardly
known.
It is to the Year 1697, that the Epocha of the Eſtabliſhment of their Com-
merce ought to be fixed; a Year which ſhould for ever be conſecrated in the
Ruſſian Annals, ſince it was at that Time, that the political Voyage of the
Czar, Peter Alexowitz, began, and that this Monarch formed the Grand Defign
of changing the Face of the Rufian Empire, and, by introducing Commerce,
to bring in alſo in its Train, Politeneſs, the Sciences, liberal Arts, and the
many other Advantages, which are ordinarily the Fruits of them.
For the Execution of a Project ſo worthy of him that had conceived it,
that famous Embaſſy, to which was given the Name of the Grand Embally,
which without Doubt it merited, on Account of the Czar's Preſence, who
determined to be there in Perſon, though incognito, and mixed in the Train of
the Embaſſadors, was ſeen to arrive in Holland, and afterwards paſs over to
England.
The Pretext was the Renewal of the ancient Treaties: The true Reaſon
was, that the Prince this Way found an Occaſion to come and ſtudy with theſe
two
This great Prince was the firſt of his Country, who aſſumed the title of Emperor of all the Ruſias
which was confirmed to him by the other fovereigns of Europe who fought his friendſhip. He was the
founder of St. Peterſburgh in 1721 and died in 1725.

return loaded
AND COMMERCE, FROM THEIR ORIGINAL:
two Nations, ſo ſkilful and fortunate in Commerce, the moſt fure Grounds of
that, which he deſigned to eſtabliſh in his own Dominions.
It was then, that deſpoiled of the Marks of Grandeur, and mingled with the
moft fimple Workmen, he did not think it unworthy of his Majeſty and of his
Rank, to employ his royal Hands in the ſame Works as they.
Sometimes with the Mallet and Chiffel in Hand, he worked in the Yards at
all Sorts of Naval Conſtructions, which could make the Marine flouriſh. At
others, attentive to the Leſſons of ſome ſkilful Pilot, he informed himſelf
of the divers Points of Wind that reign at Sea, or learned the Manner of uſing
the Compaſs and Sea-Charts for a ſafe Navigation. At other Times, he took
the Shuttle, and ſtudied, in the Manufactories, the Art of making thoſe fine
Cloths, which the Engliſh and Dutch had till then ſold ſo dear to his Subjects.
Sometimes alſo, by Converſation with the moſt able Merchants, -he ſought to
penetrate into the Secrets of the Bank and Exchange, and to ſecure before-hand
Correſpondents at London and Amſterdam to the Bankers, which he propoſed to
eſtabliſh in the principal Towns of his Dominions. In fine, nothing eſcaped
his Curioſity, from the Deſire which he had to form his Subjects to Arts or
Manufactures: And, as if he deſigned ſome Time or other to ſerve them as a
Maſter in the Fabrick of all Sorts of Works, he himſelf ſerved a Sort of Appren-
ticeſhip, and he was ſeen affiduous in the Work-Houſes of the moſt able Artifi-
cers; here to handle the Iron with the Blackſmith, there cutting Wood with
the Carpenter; in another Place, twiſting Hemp with the Ropemaker; and in
one Word, to work at all the Trades which are neceſſary to ſupport Commerce,
and render it flouriſhing.
It cannot be expreſſed how many Eſtabliſhments, favourable to Trade, and
till then unknown to the Ruſſians, were the happy Conſequences of the
curious Diſcoveries of a Prince ſo univerſal, and ſo attentive to the Good of
his people.
New Ports were opened in divers Parts of his Dominions, and that of
Peterſburgh now vies with Amſterdam.
On the Land Side, with numerous Caravans, the Ruſſians made a road croſs
with the richeſt Merchandizes of China and the Eaſt.
The Junction of the Baltick with the White Sea is almoſt atchieved, by
Canals cut in the Lands, with a Labour and Expence immenſe and truly Royal;
and there are lately others dug to join theſe two Seas with the Caſpian, by
Means of the Volga.
But ſtill a Variety of Regulations, and a Fund of found Policy was wanting to
bring Commerce and arts to an eminent degree of Perfection in an Empire fo
ſubject to Revolutions in its Government. Theſe we have ſeen eſtabliſhed by
an admirable code of Laws, and in general, by the wiſe Adminiſtration of the
reigning Empreſs, the renowned Catherine II. the liberal Patronefs of Learning
and the Polite Arts, who, adopting the beſt Parts of the Plan of Peter I. for
civilizing his Subjects, ſends a number of Youth annually at her own Expence to
England and other Countries to ſtudy Agriculture, Botany, Trade, the mechanic
and polite Arts, in ſhort, every_Branch of uſeful Knowledge. At the ſame
Time, ſhe ſpares no Pains or Expence to attract ſkilful Artiſts, and able
Workmen in every Claſs to her Country. Honours, Penſions, and large Emo-
luments are the Reward of thoſe who enter into her Service. However it is
the Duty of the Britiſh Legiſlature and the Magiſtracy to guard as much as pof-
fible againſt the Seduction of her Manufacturers. For the excellent Policy of this
Princeſs may be as detrimental to the Trade and Manufactures of other Coun-
tries, as it is beneficial to her own. Her Alliance is already become ſo formi-
dable as to be contended for by the firſt Powers of Europe, and a Country
which at the Beginning of the preſent Century had ſcarce any Weight in the
Affairs of Europe bids fair to turn the Scale, into which ſhe ſhall place her
Influence or Intereſt. If her Commerce increaſes in the fame rapid Proportions
as her civil, military, and naval Power, thoſe who have had the greateſt Hand
in erecting it, may be the firſt to repent the Meaſure.

E
Let
AN HISTORICAL DE DUCTION OF TRADE
Let us now join to ſo many Examples, ancient and modern, of the Advania
tages that Commerce produces to States, and among the Nations where it flou-
riſhes ; let us add, I ſay, ſome Examples of Individuals, whom it has raiſed to
thehigheſt Fortune. Perhaps thoſe who are more affected by their own Intereſt
than by that of the Publick, may herein find Motives and Inducements to
animate and engage them to a Profeſſion which may be attended with ſo great
and happy Effects.
France and Italy furniſh us with the two firſt, in the Order of Time, and
England with a third, all equally celebrated and fingular.
JAMES James Coeur, a Native of Bourges in the Province of Berry, was a Son of a
Čoeur. private Merchant ; he followed the Profeffion of his Father, but with ſuch
ſpeedy and happy Succeſs, that an Author aſſures us, he gained more alone,
than all the Merchants of the Kingdom together.
His Commerce was extended to all the Mediterranean; he trafficked in Afia
with the Turks or Perhians, and the other Subjects of the Sultans of Babylon,
and in Africa with the Saracens.
It was by the City of Montpellier (which then was the only Entrance of the
Kingdom on that Side) that he carried on ſuch extenſive Commerce; this alſo was
the only Reaſon that could render that City dear to James Coeur,with which he
not otherwiſe any Connection, and conſequently this was the fole Motive that
had could determine him to embelliſh it. After ſpeaking of a Fountain which
he made, where his Arms ſtill remain, we ſhall enlarge a little on the common
Exchange of the Merchants, known at Montpellier under the Name of the
Loge, which he built, that this Edifice might have a remarkable Conformity
with the Commerce of the City, as it is viſible, he never dreamt of undertaking
the former, but with the View of augmenting and facilitating the latter. This
Building, which ſtill ſubſiſts, is folid and magnificent. What is admired
above all, are the Baſſo Relievos in Medallions, which ornamented the Front,
and which employ the vain Curioſity of thof e, who have yet the Weakneſs to
give into the Search after the Philoſopher's Stone; theſe are to them ſo many
enigmatical Emblems, under which they imagine that James Coeur has hid the
Myſteries of the grand Work, of which he made Ufe (as they pretend) to
acquire his immenſe Riches, which, notwithſtanding, he only owed to Trade,
as Mr. Aftruc believes.
His great Riches, acquired by a Way fo lawful, and the Probity with which
he always conducted his Buſineſs, having rendered him famous among Foreign-
ers, and known at Court, Charles VII. called him to the Miniſtry, and truſted
to him the Management of his Finances, making him Grand Treaſurer, A. D.
1444
His Elevation did not in the leaſt interrupt his Merchandiſing, but, on the
contrary, ſerved him to continue it with greater Reputation and Succeſs; but
then this generous Merchant, whoſe Heart was yet greater than his Fortune,
had the moſt noble Views in his Commerce, and preferring the Intereſt of the
State to his own, it was more in his own Funds than in the Prince's Exchequer,
that he found Reſources, not only to re-eſtabliſh the Kingdom (exhauſted by
a long War) but to carry on Enterprizes againſt the ancient Enemies of the
French Name, and to re-unite to the Crown one of its fineſt and richeft Pro-
vinces, which had been for a long Time in the Hands of the Engliſh.
In Effect, very ſoon, Armies were raiſed and maintained ſolely at the Expence
of this diſintereſted Minifter: He adviſed the Conqueſt of Normandy, and he
alone was at almoſt all the Charge. When he went in Embaſſy to Rome, a
Fleet of twelve Ships, which accompanied him, belonged to him entirely, and
it was he that was at all the Expence of fitting them out. In a Word, after
Charles had, as it were aſſociated James Coeur in the Government of the State,
there was nothing in France that was great and conſiderable, which was not
ſupported by the Credit of this fage and rich Merchant, and wherein he did not
employ the better Part of the great Effects that aroſe to him from his Trade.
Mr. Aftruc ſays, his very Diſgrace, which it appears he never merited,
ſeemed to have rendered him illuſtrious.
It is true that the People, accuſtomed to fancy a Myſtery and Prodigy in
Things that ſurprized them, and were above their Comprehenfion, reported,


6
that
AND COMMERCE, FROM THEIR ORIGINAL.
15

OF
MEDICIS.
that James Coeur owed his Fortune to the Secret of making Gold, which
always ſtrikes the Deſire and Deſpair of Chymiſts; but, it is truer, that all the
Philoſopher's Stone of this fortunate and able Merchant only conſiſted in his
great commercial Connections; and that he knew no Chymiſtry more proper
to operate the Tranſmutation of Metals, than the immenſe Traffick that fur-
niſhed him with thoſe rich Merchandizes, of which his Storehouſes were
always full, and which he exchanged with ſo much Profit againſt Gold and
Silver, that an ignorant and credulous Populace attributed it to the Perfection
of the grand Work, which it imagined he had the good Luck to find out.
Another Example of Fortune and Glory, to which private men have
attained, by the Means only of Commerce, is not leſs remarkable, though
more illuſtrious.
The Family of Medicis has been always praiſe-worthy and commendable, The Houss
both for the Antiquity and Nobleneſs of its Origin, and the Greatneſs of its
Credit and Riches.
From the eleventh Century it has had great Men, and there is found in Hif-
tory an honourable Succeſſion of the Race of Medici, who, in this firſt Age of
their Houſe, were equally diſtinguiſhed by the Luſtre of eccleſiaſtical Digni-
ties, by the Honour it acquired in the Profeſſion of Arms, by that which it
found in the Government of States, and in the chief Magiſtracies of Cities.
It was not, however, till the Beginning of the fifteenth Century, that this
Family (reſerved to fo great a Fate) ought properly to count the Epocha,
or Æra of its Elevation ; and it is to Coſmo de Medicis (that famous Citizen of
Florence, who ſo juſtly merited the Name of Great, Father of the People, and
Deliverer of his Country) that it is indebted for the firſt, or at the leaſt the
moſt folid Foundations of a Grandeur, which would be hardly credible, did we
not ſee, ſo lately as the Year, 1722 their fortunate and illuſtrious Poſterity, go-
verning with ſo much Sagacity thoſe fame People, who formerly owed their
Liberty to the Courage and Prudence of this firſt Citizen of their Republic*.
In Effect, after this great Man had (as it may be faid) ſet in Motion the
Wheel of Fortune, which was to raiſe his Houſe ſo high, there were but
very few Dignities, Honours, Titles, or Alliances, by which this Family was
not illuſtrated; and, in leſs than an Age, it gave four ſovereign Pontiffs to the
Church, two Queens to France, and to the facred College more celebrated
Subjects than any other houſe, even ſovereign ones, had given to it till then.
It was nevertheleſs Commerce only that was the Source of ſo much Renown;
the Anceſtors of Coſmo, following the Cuſtom of the Nobility of Italy, had
not any ways neglected this Reſource, to ſupport them in the Honours either
of the Camp or Cabinet; but he, more fortunate, or more intelligent, had
made ſo 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 Credit
which he preſerved all his Life, 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 ſo 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 ſent, 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 theſe two great Men, and were elevated
to the chief Honours of their Republic, had the wiſe Policy to imitate them,
and in no Manner to deprive themſelves, by a falſe Delicacy, of the Utility of
Commerce; and when, in fine, the great Qualities and Merit of another Cofmo,
had raiſed this Houſe to the Sovereignty of Florence, neither he, nor his Suc-
ceffors, thought it any ways unworthy of them, to continue to ſeek, in an
honourable mercantile line, wherewithal to ſupport (with greater Credit) the
Splendor of a Rank, which, in ſome Sort, was owing to it; and, to this very
Day, the Palaces of the Grand Duke are never ſhut either to Tradeſmen or Mera
chants

* This illuftrious Houſe became extind by the Death of Gafton, the laſt Grand Duke of Florence, to whom
the late Emperor of Germany then Duke of Lorrain, ſucceededo
16
ÁN HISTORICAL DEDUCTION OF TRADE
SIR THOMAS
chants, and it is not in the leaſt ſurpriſing to ſee his Ships arrive, convoying
thoſe of his Subjects, loaded with rich Merchandizes from the Levant and
other Places, where the Merchants of Leghorn and Florence carry on ſo confi-
derable a Commerce.
The third Inſtance we ſhall produce is that of SIR Thomas Greſham an
GRESHAN. Engliſhman, who though he did not attain to the very high Honours of James
Coeur or Cofmo de Medicis, 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 illuſtrious Citizen of London are ſo well
known, and are ſo amply related in all our Hiſtories of England, and Lives of
our eminent Men, that I ſhall only recite fuch Particulars as may ferve to
place him in many Reſpects upon a Level with the Frenchman and the Italian.
Mr. Thomas Greſham was the youngeſt Son of Sir Richard Greſham an eminent
Citizen of London in the Reign of Edward VI. he ſucceeded his father in
the Ofice of Agent to the King for the Negociation of his Loans and the Sale
of his Wool at Antwerp; and in that City he laid the Foundation of his
Fortune. It was, at that Time, the Cuſtom for the Kings of England to bore
row Money of the Flemings for any Exigencies of the State, and by Miſmanage-
ment the Crown was become conſiderably indebted to the principal Merchants
at Antwerp: Uponwhich Occafion the Flemings demanded moſt exorbitantInte-
reſt,and ſometimes the royal Jewels were pledged for the Payment. By his pru-
dent Management he not only cleared the King by diſcharging all his Debts,
but in the Reign of Queen Elizabeth he put an end to the diſgraceful and ex-
travagant Method of borrowing from Foreigners, by delivering a Plan to the
Queen for negociating Loans for the public Service at home, a Plan which
pleaſed her own Subjects, and occaſioned a great Saving to the Nation. For
this Service her Majeſty conferred on him the Honour of Knighthood. He eſta-
bliſhed the Credit of the Engliſh Merchants with the Hanſeatic Towns, and
he was highly inſtrumental in bringing over a great Number of the perfecuted
Flemings who fled from the Tyranny of the Duke D'Alva, the Spaniſh 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 Greſham
College, endowing it with an Income for the Support of a Profeſſor of each of the
liberal Sciences, who continue to this Day, and read public Lectures in Divi-
nity, Law, Phyſic, Aſtronomy, Geometry, Muſic, and Rhetoric. He alſo
bequeathed a great many Donations of annual Sums to public, charitable
Inſtitutions; yet this did not prevent his making an ample Proviſion for his
Widow, and he died very rich in the Year 1579.
COMMERCE Mr. Savary ſuppoſes it a Matter of Surpriſe, that among ſo many Examples
of the Advantages that Commerce produces in the States where it flouriſhes,
FRENCH. France had not, at the Time of his writing, furniſhed any one; it is owned,
he ſays, with Regret, that, in Regard to Commerce, the French at preſent are
leſs in a Condition to ſerve as a Model, than they are in need of being animated
by the Example of others.
And then proceeds with making the following Queries, and giving the
ſucceeding Account of the Aptitude and Qualifications of the French for Trade
and, though he ſeems a little partial in Favour of his Countrymen, I think he
exaggerates nothing in his Deſcription of the Kingdom.
“Will this generous Nation, ſays he, fo capable of the greateſt Enterprizes,
“ be inferior to others in this Thing only, whilſt the greatly furpaſſes them
“ in every Thing elſe? No furely: And excepting her Haughtineſs, which
“ often made her regard Trade as little worthy of her, or her Impatience, which
“ almoſt always diſcouraged her on the firſt 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 the will apply herſelf to it in earneſt.
“ What is there in effect wanting to France of all that is necefſary to carry on
$6 a conſiderable Trade?
• She has an infinite Number of Inhabitants, hardy, enterprizing, laborious,
or and, at the fame Time full of Genius, Addreſs, and Induſtry,

CT THE
Her
AND COMMERCE, FROM THEIR ORIGINAL.
17
66
+ Her Lands, which are as fertile as any in the World, deny her hardly any
Sort of Fruits, Proviſions, Drugs, or other Merchandize.
“ Her different Provinces, according to the Diverſity of their Soil, produce
“ in Abundance, Corn, Winë, Salt, and every Neceſſary 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 theſe Materials.
“ Its Paſtures feed an almoſt incredible Quantity of large and ſmall Cattle,
"s which ſerve for Nouriſhment, and to furniſh excellent Hides and fine
Wools, and its Mines produce the moſt neceſſary Metals and Minerals for
« Arts and Trades, and for the Fabrick of Manufactures.
« If its Merchants inclined to Commerce, the two Seas, which waſh its
Coaſts, open to them excellent Ports, and offer them the Conveniency for
carrying it on to the four Quarters of the World.
If they will content themſelves with a home Trade, the French Manufac-
“ tures, or thoſe that are imitated from Strangers, are arrived to the laſt
“Degree of Perfection, by the wiſe Regulations, and by the Attention of the
Magiſtrates of the Police, and the Inſpectors appointed to take Care of their
" Performance.
“ In a Word, it may be ſaid, and I ſhall ſay it without Exaggeration, that
“ France reunites at home all the Advantages of Commerce, which are found
“ divided among the other People of Europe, and, that being ſufficient to itſelf, it
can abſolutely paſs without other Nations, and content itſelf with its own
“ Abundance, whilſt they, on their Parts, will find it difficult to ſubſiſt
“ without our Succours, and that great Commerce, of which ſome (and with
a great deal of Reaſon) are ſo proud, would ſoon be ſeen to fall, if they ceaſed
“ to receive from us that infinite Number of Merchandizes which are neceſſary
" to them, and which it is with Difficulty they can find elſewhere.
“ It is this Truth ill underſtood, and urged too far, that has given Room to
" that Paradox ſo dangerous, which they of this Way of thinking would
<s eſtabliſh in theſe latter Times, that France ought to carry on no Commerce
“ with Strangers, and that ſhe would always be ſufficiently happy and flouriſh-
ing, if ſhe did not want Labourers and Soldiers.
The Neceſſity of the one and the other is indiſputable; 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 ſufficient for our Support. But upon what ſhall the Pay and Main-
“ tenance of our Troops be eſtabliſhed, if Commerce, which is the moſt fruitful
* Source of the Riches which enter our King's Exchequer, be taken from
“ us? And what will the Labourers do with thoſe Crops (though never ſo
abundant) if they have no longer an Opening to get rid of their Superfluity;
“ and, by Want of Trade ſee thoſe Proviſions miſerably periſh on their Hands,
“ which would have inriched them, if they had paſſed into thoſe of their
" Neighbours?
“ The Merchants then are a third Order of Perſons, of which France has
“ Need, and who are not leſs neceſſary to her than her Soldiers and La-
bourers; and Commerce is a Profeſſion, without which all would languiſh
“ in the Kingdom, and the Inhabitants would ſink under their own Abun-
dance, as they neither could conſume the Whole at Home, nor have the
“ Liberty to carry a Part abroad.
« It is ſufficiently comprehended, that by Commerce (ſuppoſed fo neceſſary
" to France, and for which it is known, that the French are at leaſt as fit as the
“ other Nations of Europe) is not to be underſtood that Trade which is
“ carried on in our Provinces, by the Communication which they have with
one another, of the natural Productions, or the Works of Art, that t
they
“ have each at home, for this would be always flouriſhing enough, if there
was a Care at the ſame Time to carry on that abroad, but it is the Commerce
“ which may be maintained with Foreigners that is principally in View,
“ whether they come to our Ports to carry away thoſe Merchandizes of which
they have Need, or whether we ſend our Ships to load with thoſe which
they have and we want.
F
66 It



66
97
18
AN HISTORICAL DEDUCTION OF TRADE
65 A Policy certainly both prudent and a
“ It is true, that for long Voyages France has already at Home a Company
• of Commerce, of which the first Succeſs ſeems to promiſe, that it will not one
Day be any Thing inferior to the more celebrated ones eſtabliſhed among
our Neighbours; fo that, without encroaching upon the vaſt Grant of a Com-
pany fo profitably formed and fo wiſely conducted, I ſhall content myſelf to
“ animate the French Merchants to ſuch other objects of Commerce as they
may ſhare with the other Nations of Europe, or even that they may carry
on with a greater Facility and Profit than they.
“ Theſe Hopes, with which I dare fatter our Merchants, are not falſe nor
“ even dubious. Whoever ſurveys the Parts of Europe where the Engliſh and
“ Dutch carry on their moſt conſiderable Commerce, Spain, for Example, or
“ the Towns of the North and the Baltick Sea, will ſee what Nation is moſt
likely to fucceed.
“ Almoſt all the neceſſary Merchandizes for thoſe important Branches of
“ Commerce are found in France; on the contrary, England and Holland have
hardly any.
“ We have for Spain Stuffs of Gold, Silver, and Silk, Clothes, Woollens,
“ Linens, Paper, Hats, all sorts of Stockings, Cards, Laces of Silk and
“ Thread, Mercery, Iron Wares, and many others. The North cannot do
“ without our Wines, Brandies, Vinegars, Salts, Prunes, Cheſnuts, and Wal-
nuts; ſo that it will preſently be decided, to which Nation the Loading of
Ships for the North, or Spain, is moſt eaſy; whether to the French, who,
“ without borrowing any Thing from others, have, within themſelves
“ wherewith to make up an entire Cargo; or to the Engliſh and Dutch, who
come to ſeek in France what they want, and who, deſtitute of this Succour,
would be obliged to ſend their Ships half loaden, and without the proper
sc Affortments for thoſe two Countries.
“ It is alſo the ſame in Proportion with all other Trades, by which the
“ French may enter into Competition with their Neighbours.
“ In Regard to Profit, it is as clear, and ſhorter. Whoever fells at ſecond-
“ hand can make but one Gain, whilſt he that ſells at the firſt acquires two ;
“ the Engliſh and Dutch are in the firſt Cafe, the French in the ſecond; ſo that
“ thoſe can only benefit themſelves on the Price, which the Merchandize they
“ ſell in Spain and the North coſts them in France, and theſe adds yet to
“ the ſaid Profit, that which was made on the firſt Sales of ſuch Merchandize.
“ This is not enough; the Advantage of Returns is yet all entirely on
“ the Part of France, ſince the French Ships, by bringing back the Northern
" and Spaniſh Commodities, take away from Strangers thoſe immenſe Profits,
“ which they uſed to make on us, when they brought the fame Mer-
" chandizes into our Ports.
“ One cannot on this Subject help expreſſing fome Concern at not ſeeing
“ eſtabliſhed in France, that wiſe Policy of the Engliſh, who, by their Axt of
Navigation in the Year 1660, ordained, that none of the Merchandizes
“ and Products of Europe be brought into England, nor the States that depend
" on it, but in Ships appertaining to Engliſh Subjects, or from the Places of
" their Manufacture and Growth; and that none of the Merchandizes of the
“ Growth of any of the Engliſh Colonies, or that may hereafter become ſo,
“ of Aha, Africa, and America, ſhall any longer be brought in but in Engliſh
“ Ships, or thoſe appertaining to the Engliſh.
among us, would open our Ports to Strangers, who ſhould bring the Mer-
“. chandizes of their Country, and wiſely ſhut them againſt thoſe who, having
• nothing of their own Growth, come to ſell us thoſe at a dear Rate which they
“ have collected from all Parts of the World; and who, flattered by our Indo-
“ lence, or, it may be, by our Vanity, have inſenſibly accuſtomed us to receive
only from their Hands, at an exceſſive Price, what it would be eaſy for us to
get on much better terms, if we would only take the Pains to ſend for
" them.
“ It may probably be alledged, that, as the French Marine is not in any
“ Degree comparable (but much inferior) to that of their Neighbours, with
of whom


ز
AND COMMERCE, FROM THEIR ORIGINAL,
19
3
« We
“ whom they are invited to become Competitors, there is but little Appearance
“ that they ſhould ever find the Facility or Advantages, with which they in
6c vain were flattered in carrying it on.
“ And it muſt be confeſſed, that, in Maritime States, Commerce and Navi-
gation ought, to go Hand in Hand, for there is ſo ſtrict and intimate a Tye
“ between the one and the other, that Commerce is without Strength, whilſt
“ the Marine is languiſhing, and the Weakneſs of the one neceſſarily draws on
" the Fall of the other.
“ But beſides, that our Ports are not ſo unprovided with Ships of War, as to
“ leave the French Merchants at any Time deftitute of Convoy and Guards,
to favour and protect their Trade; what Doubt is there that, even on this Part,
“ France, when the pleaſes, need not yield to any other Power whatever.
“ Our Neighbours are obliged to fetch from abroad, the greateſt Part of their
“ Naval Stores ; Wood, Iron, Cordage, Sails; all theſe come to them from
Foreigners ; inſtead of which, our Provinces eaſily furniſh us with the beſt
“ Part of that we have need of for the building and fitting out our Navy.
“ Some of them have Wood proper for the Bodies of Ships; and there are
“ found in the Mountains, others fit for making the reſt of their Materials
“ there are, in many, Mines of Copper and Iron ſufficient to ſupply our Yards
" and Docks; and áll, in general, are ſo abundant in Flax and Hemp, for mak-
ing Sails and Cordage, that it is even from us that other Nations receive the
greateſt Part of thoſe they conſume in their Rope-Walks, or that their
“ Weavers, make into Cloth proper to fail their Veſſels.
e are not more in Want of Proviſions or Ammunition, but are even in a
“ Condition to ſpare Part to others ; and, to man our Ships of War and
• Merchant Fleets,we have more than ſixty Thouſand Sailors, diſtributed in five
“ Claſſes, of which the Rolls are renewed annually, and of which the one is
always accounted engaged, from the Beginning of each Year, to ſerve in the
King's Ships, and the four others are reſerved for the Merchants Service.
“ Theſe Hopes, which are founded on ſo many Advantages, that might render
our Marine flouriſhing, either for War or Trade, are certainly not in the
“ Number of thoſe ideal Projects, that it is not poſſible ever to carry into
" Execution.
“ Thoſe Times, fo glorious to the Marine of France (1690) are ſtill remem-
“ bered, when our naval Forces, equal to thoſe of our Enemies, obtained the
Victory over the united Fleets of the Two Powers, who each in particular
" would have attributed to itſelf the Empire of the Sea; and we have not in the
“ leaſt forgot, that, during all the War which was terminated by the Treaty
“ of Ryſwick (1697) our Privateers, fuperior to thoſe of the Engliſh and Dutch
together, took from one of them ſo great a Number of Ships, that their Mer-
“ chants (who avow that their Loſs amounted to more than three Thouſand
Veſſels) were obliged to carry their Complaints to their Parliament; and the
« Trade of the other was ſo diſturbed or impeded by the fortunate Cruizes of
“ the ſame Privateers, that this was one of the principal Reaſons that made
“ them deſire a Peace, and, in fome Sort, to demand it with Eagerneſs.
“ It is not, however, to be denied, that Events which Prudence could not
“ foreſee nor Courage repair, have weakened the French Marine ; but why
• ſhould we loſe the Hopes of ſeeing it recover ? That which ſo happily ſuc-
“ ceeded under the Reign of Lewis XIV. will it be impoſſible, if undertaken, to
profper under that of Lewis XV.? A young Monarch, in whom ſhine ſo
many great Qualities, that they ſeem already to foretel the Happineſs and
Glory of France! And an Eſtabliſhment, which was ſeen puſhed on almoſt
“ to Perfection, under the Miniſtry of Monf. Colbert, and of the Marquis of
“ Seignelay his Son, why may it not gather new Strength, ſupported by the
s« Care and Experience of a Prince who has recorded his firſt Campaigns at
“ Sea by a Victory, and who labours with fo much Application to reſtore us a
“ Marine, capable of making our Colours always reſpected; and, at the ſame
“ Time, to put our Merchants in a Condition of carrying on, in all parts of
“ the World, a Commerce, for which they have ſo much Facility and Ad-
vantage?"




3
Mr.
AN HISTORICAL DEDUCTION OF TRADE
Mr. Savary here finiſhes his Sentiments of his Country and the French
Nation ; and, I think, he has proved a true Prophet, in Regard to their Com-
merce, which has been greatly extended and increaſed ſince his Time, to the no
ſmall Detriment of ours. They were at leaſt a Century behind us in mer-
cantile Affairs, and it is a Matter both of Surprize and Concern, that they have
in any Shape exceeded us, as deſpotick Governments are not calculated for
proſperous Commerce, and had not Lewis XIII. and XIV. ſtepped out of the
common Track of arbitrary Kings, in order to protect and render it flouriſhing,
we ſhould never have ſeen that Nation, from Competitors with, become
fuperior to us in any Branch of it; but the good Regulations made in thoſe
Kings Reigns, and ſince continued, added to the Fertility of the Soil and
Temper of the People (who can content themſelves with a leſs expenſive Way of
Life than we are unhappily fallen into) have enabled them to carry many of
their Commodities cheaper to Market than our higher Wages, and dearer
Living, will permit us to do, and conſequently robbed us of the Sale of our
inferior Sorts of Woollens, which they have been able to imitate; but, as I
Thail ſpeak of this when I come to treat of Commerce in general, I ſhall only
add here, that I fear they now equal us at leaſt in the Diſpatch of their home
Manufactures, though I hope not in the Products, and Trade of their Plan-
tations, their Sugar Colonies only excepted.
Mr. Savary having left the Engliſh out of this Hiſtorical Deduction 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 Judgement,
whoſe malicious Intinuations againſt us, in his Parfait Negociant, the Son muſt
have contradicted, had he treated us with the fame Impartiality he has others;
to avoid which, and not expoſe the Weakneſs of his envious Parent's ill-grounded
and unjuſt Invectives, we may preſume were the Motives that induced him to
paſs us over in his Account of Commercial Nations, and made him prefer
leaving a Chaſm, rather than a Blot, in his otherwiſe valuable Works; though
he is not wholly to be acquitted from inheriting or adopting Part of his
Father's Partiality, as he has copied ſome of his Aſperſions, when he ſpeaks of
us in the Body of his Dictionary; to confute which, and do Juſtice to my
Countrymen, I ſhall endeavour to improve this opportunity in demonſtrating
his Unfairneſs, and in ſupplying his Defect, that we may appear in the true
Light we ought in the Hiſtory of the European Commerce; and in order
thereto, I ſhall here briefly mention what occurs to me concerning our firſt
Engagements in Commerce, and refer my Reader for a more ample Account of
it to what I ſhall have occaſion to add hereafter.
Commercz Though it muſt be allowed that the Engliſh, in reſpect of moſtother European
Nations, were late beginners in univerſal Commerce, yet they have improved
in it with an amazing Rapidity.
It is many Ages fince they knew the Value of a naval Power, and were taught
by the Romans how neceſſary this would be for their Defence and Support, as
well as conducive to their Commerce with other Nations; the former, we have
ſeen before, were Maſters of the Art, and conſequently in a Capacity to give
Leſions; they knew the great Advantages derived to Kingdoms from it, and
indeed that this only could make a Nation flouriſh. They conſidered how ca-
pable of Improvement our Country was, and being ſettled among us, were de-
firous of rendering this Union as advantageous as poſſible, and, having met with
a People brave and daring as themſelves, and in every Reſpect fit to undertake
any hazardous Enterprizes, they would certainly have raiſed Commerce to a
flouriſhing Pitch, had not their own inteſtine Broils called them Home, and,
Ours on this Occurrence increaſing, left Commerce to languiſh, as it did for
Ages after, till our victorious Edward III. and afterwards the glorious Queen
Elizabeth, animated their Subjects to an Imitation of their Neighbours, and,
by proper Encouragements, led them in to ſhare the Advantages which hitherto
other Nations only had reaped, excluſive of them; and the Introduction of the
Walloons by the firſt, and the Admiſſion of the diſtreſſed Burgundians by the
latter, opened to our Countrymen new Manufactures, which have ſince been
improved to the greateſt Height, and brought immenſe Riches Home to us...

OF THE
ENGLISH
6
The

AND COMMERCE, FROM THEIR ORIGINAL.
21
The Increaſe of our Commerce has conſequently been that of our Power, which
is happily riſen to the Summit of human Glory, as there is no Potentate on
Earth, who can equal our maritime Force, become now the Bulwark of our
Country; and may it always continue unrivalled and triumphant whilſt Time
endures !
Í ſhall in the Body of the Work ſpeak of the Britiſh Commerce as it ſtands at
preſent, and, in the mean Tiine beg leave to congratulate my Countrymen on
their happy Situation for carrying it on, which is hardly to be equalled, not
furpaſſed in any Country in the world ; and what Mr. Savary fays of France,
may, with little Variation, be more juſtly aſſerted of Great Britain, viz. that ſhe
has an infinite Number of Inhabitants, hardy, enterprizing, laborious, and,
at the ſame Time, full of Genius, Addreſs, and Induſtry.
Her Lands may juſtly be counted ſome of the moſt fertile, and their Products
of Fruits, Proviſions, &c.. as plentiful and as good as any in Europe, and
her Merchandizes more than other Countries can boaſt of.
Her different Counties, according to their Situation, produce Corn, and
every Neceſſary of Life in Abundance, which, on many Occaſions, have kept
feveral of our Neighbours from ſtarving.
We have Hemp and Flax for the manufacturing our Linens and Canvas, now
brought to great Perfection, and our Paſtures feed an almoſt infinite Number
of Cattle, which not only ſupply our Markets with excellent Food, but furniſh
us with fine Wools, and the beſt Leather in the World.
Our Mines produce Iron, Lead, Tin, Copper, Coal, &c. in Abundance,
and our Foreſts and Woods are ſo well ſtocked with Oak for Shipping, as ſeems
to promiſe (under our well-regulated Laws) an inexhauſtible Supply.
Our Seas are well filled with their finny Inhabitants, which, according to
the Steps taken by the Legiſlature for the Encouragement of our Fiſheries, and
the ready Concurrence of our Merchants in promoting fo beneficial a Deſign,
muſtprove productive of immenſe Riches to the Nation, beſides occaſionally
providing comfortably for our Poor, which Advantages have for many Years
paft been reaped by our induſtrious Neighbours.
I think a Deduction of this Nature ought not to be cloſed without mention- COMMERCE
ing a Word of the Spaniards, who, like us, have been paſt over by our Author SpaniARDS.
in Silence ; for, though they have been tardy in finding out the Advantages
Nature has given thein for Trade, and have long remained blind to their own
Intereſt, yet their Commerce is not ſo deſpicable and ſmall as to be overlooked
when we are treating of Commercial Nations.
Their Diſcovery of America, and their ſubſequent Settlements on that Conti-
nent, gave Birth to their Trade and Riches; for, though a potent Nation
before, in Dominion, they wanted the Sinews of Power, which the Mines of
Mexico and Peru have ſince produced them.
They have very conſiderable Ports, equally well ſituated for Commerce, both
on the Biſcayan and Mediterranean Seas, and where large concerns are tranſacted
though principally by Foreigners, as the Spaniards in general conſider Traffick
to be a mean Employ, and conſequently a Pegoration from that Gentility they
almoſt all affect being born to; however, they have formed ſome very conſidera
able Companies among them, as that of the Philippines, Guipuſcoa, and one
latély eſtabliſhed at Seville for the manufacturing Woollens, Stockings, Hats,
Silks, and moſt other Commodities they formerly imported for their American
Trade; and, having received great Encouragement from the Crown for perfecting
their other Manufactures, they have, for ſome Time paſt, clothed all their
Troops with their own Cloths, and the King's wearing them himſelf, and pro-
hibiting the Importation of foreign onés, has brought their Fabricks into fuch
great Repute, that they are daily increaſing, and the uncommon Privileges
granted the Weavers, it is to be preſumed, will
, in Time, animate them to
new Engagements, and teach them to imitate the other Woollen Fabricks of
Europe, as they have been ſo ſucceſsful in copying their Cloths, more
eſpecially if they can procure Workmen from their Neighbours to aſſiſt them,
as they have lately endeavoured, and in ſome Degree, ſucceeded in, from
hence,

Their

AN HISTORICAL DEDUCTION OF TRADE
Their Silk Manufactories have likewiſe kept pace with their Woollen ones
and both their Weft-Indian and European Dominions are now principally ſup-
plied by them, as they were formerly from France, ſo that their eyes having
been opened to theſe Advantages, both Old and New Spain feel the falutary
Effects of this Diſcernment, and, if the ſame Meaſures are purſued as have been
ſo happily begun in favour of the Subject, we may reaſonably expect, in a
few Years, to ſee them a more flouriſhing People than it was poſſible for them
to be, till rouzed, from their former Indolence and Neglect, to a juſt Senſe
of the Advantages that Induſtry and Application offers them.
I might here mention their Tunney Fiſhery, and ſome other Inſtances of
their Improvements, but ſhall refer expatiating or deſcending to Particulars
till I come to treat of them in the 'general Body of Trade, and only add here
an Obſervation, that as the Spaniards have improved the different Manufactures
I have mentioned, their Neighbours have proportionably found a Decay in
their’s, which can only be remedied by ſeeking other Channels for the Sale of
their Commodities, though I muſt confeſs, I think this to be deſpaired of,
when the common Paths of Trade are become ſo beaten, and every Branch of
it ſo prejudiced by Interlopers, except the following Sheets open new Scenes,
which, by Care, may be improved to the Adventurer's Advantage. I thould
here mention ſomething of the Swedes, Danes, &c. but ſhall refer my Reader
to what I ſhall afterwards ſay of their Trade, when I come to deſcribe it
minutely.
ADDITION, communicated by Dr. Garcin*.

COMMBRCE
OF THE
ARABIANS,
Hiſtorians ſeem hitherto to have forgot, by the little they have ſaid, that
the Arabians were the firſt Navigators, and the firſt People who opened
the Commerce between Aſia, Africa, and Europe ; this is a Thing, however,
very eaſy to be proved, notwithſtanding the Invention of Navigation is
attributed to the Tyrians and Egyptians, at the Beginning of this Hiſtorical
Deduction.
The Situation of their Country, which is, in this Regard, the moſt favour-
able in all Reſpects, at firſt naturally brought them thither. As Arabia is a
very large Peninſula, waſhed by the Sea on three Sides, and its Entry on the
fourth being the moſt difficult, by Reaſon of the Extent of its Deſerts, which are
filled with Sand, and without Water, Neceſſity induced this Nation (one of
the moſt ancient) in order to procure an advantageous Communication with
others, to open Paſſages by Water ; to invent the firſt marine Veſſels, and to
form itſelf courageoully to Navigation ; it had ſo much the more Cauſe to im-
prove, and become acquainted with its Seas, as it was no great Diſtance from
the Indies, which (as is known) was at all Times fuller of Riches than any
other Part of the World.
This Practice being attained, it was much eaſier for its Inhabitants to paſs
by Water to many of their Neighbours, than to traverſe Deſerts ſo dangerous,
and to make ſuch great Tours, either to go out of, or to return to their Coun-
try. Thus it was by their Fleets that they correſponded wherever there was a
Sea, and by Caravans on the Land Side to the Mediterranean; it was, in fine,
by theſe powerful Means, and by the Arabians only, that the moſt ſought
for, and precious Things of all the Indies, paſt from Eaſt to Weſt, in the
moſt ancient Times, and in thoſe which followed, until that of the Emperor
Auguftus.
This Nation, according to Hiſtorians, has been the richeſt of the World, in
the earlieſt Ages, as we ſhall ſoon ſee by relating what they have ſaid of it; and
this is one of the ſtrongeſt Proofs of its ancient Commerce with the Indies, and
from thence with the Countries which border on the Mediterranean; for the
Tyrians and Egyptians were not formerly flouriſhing in their Commerce, other-
wiſe than as the Induſtry and Riches of the Arabians made them ſo, who fur-
niſhed them (under large Profits) with all the Merchandizes of the Iſles, and
of the Maritime Coaſts of Aſia, the ſame as the Portugueſe and Dutch have
fome
*M. D. of Neufcbatel.

AND COMMERCE, FROM THEIR ORIGINAL
23
une-
some Time ſince done in Europe, and it is by the fame Commerce of the Indies
that they are enriched. The Oriental Sea was to the Arabians what the
Mediterranean was to Phænicia and Egypt; theſe three Nations enriched
themſelves mutually by the Trade of thoſe two Seas, each having laboured
on its Part, for the propereſt Means to cultivate it by Navigation in the two
Seas, and by Caravans through the lands that ſeparate them,
It is known by very ancient Experience, that the righeſt Countries are not
ordinarily ſuch, but by the Means of Commerce and Navigation. The
Sabeans, an Arabian People, who inhabited the Countries bordering on the
Indian and Red Seas, were incomparable in their Sumptuouſneſs and Riches;
one need only read Agatharchides, Diodorus Siculus; and Strabo, to be con-
vinced of it by the Detail which they give. They drained (ſays the firſt of theſe
Hiſtorians in Photius) the Treaſures of Aſia and Europe by the Exchange
they made of the moſt precious Things. They furpalled (ſays the ſecond,
Lib. III.) by the Riches and Abundance which they had of all precious
Things, not only thoſe of Barbary, their Neighbours, but alſo all other Na-
tions. Conſiderable Sums were neceſſary to purchaſe a middling Quantity
of their Merchandizes; theſe fame Hiſtorians (with Strabo, Lib. XVI.) ſay
in fine, that theſe people, ſo rich by their Commerce, made Ivory, Gold,
Silver, and precious Stones, to hine in their Furniture, upon the Doors,
Columns, Walls, and Roofs of their Edifices, and that they poſſeſſed a
very great Quantity of Gold and Silver Veſſels; they relate, that their Ex-
pences were enormous in all Things, even in Works of the moſt admirable
Sculpture and Engraving; in a Word, that their Magnificence was
qualled which demonſtrates that this Nation was ſkilful, bold, and venture-
ſome in the Indian Trade and Navigation, and that it was by her that the
Tyrians and Egyptians flouriſhed ſo much in theirs, and upon the fame Mer-
chandizes, which they received and paſſed to the other weſtern Nations, the
moſt remote. The Prophet Ezekiel, Chap. xvii. Verſe 22, in addreſſing him-
ſelf to the City of Tyre, ſpeaks of this Nation of the Sabeans under the
Names of Sheba and Raamah, which were two Places of Arabia. The Mer-
chants (ſays he) of Sheba and Raamah were thy Factors, making thy Fairs
valuable in all Sorts of the chiefeſt Spices, and with all Sorts of precious Stones
and Gold: This is a fure Teſtimony of the Antiquity and the Opulence of
its Commerce which it had with the Indies.
It was this Opulence (ſays Strabo) which determined Alexander the Great
to make Shebe the Capital of his Empire ; and tempted the Romans to its Con-
queſt in the time of Auguſtus ; a Time in which they began better to know
the Oriental Sea, and the Coaſts which limit or bound the Weſtern.
We may believe, as the greateſt Part of the Ancients did, that the precious
Merchandizes of the Arabians were all the Growth of their own Country;
but it is a Miſtake, they being carried to them; for it is certain that Arabia
has never produced of itſelf the fixth Part of its Riches: Of all the Aroma-
tics only Incenſe, Balſam, Myrrh, and Calamus Aromaticus, grow there,
the two laſt of which were not fought for, only as they are deemed to be
ſomething better than thoſe which grew in the other Parts of Aſia and Africa.
It
may alſo have a little Gold, but in no Quantity, as ſome of the Ancients
imagine; the Arabians brought it from India, the ſame as they did other Aro-
matics, precious Stones, and rich Merchandizes of all Sorts. Strabo ſeems
to inſinuate ſo in faying, that they changed their Aromatics and precious
Stones againſt the Gold and Silver of Strangers. One may be perſuaded, that
in fome Parts of Afiq, the Origin of all theſe Things is yet near the ſame as
it was in former Times, all the Difference being that it is now infinitely better
known.
Incenſe, in Reality, was to them of very great Advantage, as they fur-
niſhed all the weſtern Nations with it, who were then Pagans, and conſe-
quently conſumed infinitely more than they do at preſent: But, as the
Ancients were paſſionately fond of all the moſt exquiſite Aromatics, thoſe
which the Arabians brought from India making the greateſt Number, made
alſo their greateſt Riches.



6
The
24
AN HISTORICAL DEDUCTION OF TRADE
The Aloe Wood, Cafia, and Cinnamon which are mentioned in many Paſſages
of Scripture, and in the moſt ancient Hiſtorians, made beyond Difpute (after
the Gold) the principal Branch of their Commerce. Malabar, Ceylon, and Su-
matra (or Malacca itſelf) 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 thoſe rich Merchandizes; theſe were formerly much better
eſteemed than they are at preſent; and, as this Nation ſolely ſupplied all the
Countries of the World that wanted thoſe Commodities, this is yet
another demonſtrative Proof of their ancient Navigation to the Indies.,
It is nevertheleſs a Matter of Surpriſe, that ancient Hiſtory either does
not ſpeak of it at all, or if it does, it is in a Manner very obſcure: This
proceeds from Arabia being very little frequented, and conſequently very
little known to other Nations. The Difficulties that there always were to
traverſe its fandy and arid Deſerts, and to be ſheltered from the Robberies
which a Part of its Inhabitants were always given to, in beating the Field,
plundering the Caravans, and ſtripping the Travellers and Merchants, as
Mr. Huet rightly obſerves in his Treatiſe of Commerce; theſe Difficulties, I
ſay, were the Cauſe that our firſt Anceſtors could not be informed about it
until the Time of Alexander, or even till that of Auguſtus. We may like-
wiſe ſtill add, that their Navigation was but little known even to the Time
that the Portugueſe went to India by the Cape of Good Hope, and that there-
by they ran away with that rich European Trade which the others carried
on by Means of the Egyptians, and theſe by that of the Venetians. They
were therefore always Maſters 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 diſturbed by the Romans, but this was
only for ſome Time. Another Cauſe, which made their Navigation unknown
in ancient Times, is that the Arabians, the better to preſerve the Commerce
of the Indies, which they found ſo 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 Courſes which they uſed, and
the Origin of the Merchandizes which they brought in, and which ſo greatly
augmented their Riches.
Beſides, in thoſe Times, the Arts which facilitate the Intercourſe of Nations
were wanting, which made Hiſtory ſo ignorant of a Country ſo diſtant.
Theſe are Geography, Printing, the Conveniency of Poſts, and the Im-
provements in Navigation; thus the Arabians always ſucceeded in their in-
tended Concealment, with the View of making their Commerce laſting, and
to attract thereby the greater Profits.
And, to have the Thing ſucceed the better, and to impoſe on the foreign
Nations, who fo very earneſtly enquired after their Spices, they invented
Fables or pretended Difficulties that ſubſiſted, above all, in Regard to the
Caffia and Cinnamon on which they made the moſt conſiderable Profit, and
affirmed them to grow in the Middle of their Country, but in Places almoſt
inacceſſible, and lo dangerous, that they could not procure but a very ſmall
Quantity, with infinite Induſtry and Trouble. (It may be ſeen in Herodotus,
Lib. III, where the Affair is related.)
It was this which made all Antiquity believe, that theſe Spices or Aro-
matics were ſcarce, and only to be found in Arabia. Pliny was the firſt who
diſcovered that theſe Fables were only invented in order to ſell their Drugs
dearer; but, on rejecting theſe, he ſubſtituted others nothing inferior, in
declaring the Cinnamon to be brought from Ethiopia, in mentioning the Man-
ner of its Growth, that of gathering, and tranſporting it abroad, or to Strán-
gers; the Difficulties he has ſtamped upon all theſe Circumſtances, and on the
Means of having it in Time, as alſo the Caſſia, do not appear lefs great, nor
leſs fabulous, than thoſe of Herodotus, which he would not admit. (See
Pliny, Lib. XII. Ch. 19.)
It is certain that Ethiopia, no more than Arabia, has never produced
either of theſe aromatic Barks; the Trees from whence they are taken can
never be tranſported, on Account of the different Nature of the Soils,
and



AND COMMERCE, FROM THEIR ORIGINAL. .
25

1
and the Drought and Heat which reigns there: And it is only in the Iſle of
Ceylon the Air and Earth are really fit to nouriſh them, ſo that it is this Place
only which has in all Times ſupplied the reſt of the World with theſe
Aromatics.
In fine, the ancient Arabians did not invent fewer Fables in Favour of
their Commerce, than the Perſans did to repreſent the Dangers which they
had in procuring the Gold in thoſe Parts of India where they could find it,
and which were believed fandy. This is what may likewiſe be ſeen in the
Book of Herodotus above cited.
Pliny, who writ obſcurely of all, ſays nothing of the Navigation of the
Arabians, which is a Proof that it was unknown in his Time. He only
mentions that of the Fleet of Alexander which paſt from India to Euphrates,
and that which the Romans made every Year alſo in his Time to the Indies :
He has deſcribed the Route from Egypt, but he has made it appear, that
their Voyages only terminated about the River Indus. The Romans, although
Maſters of ſome Ports of Arabia, did not, in the leaſt, diſcover the Naviga-
tion, which the Arabians took Care to hide, and which they made directly
from ſome of their Ports to the Iſland of Ceylon, to load with Caſſia, Cinna-
mon, and precious Stones; and from other parts of India, to do the ſame with
other Merchandizes, as Gold, Drugs, and odoriferous Woods. It ſeems
by the Recital of Pliny, that the Navigation which the Romans made to
that Corner of the Indies of which he ſpeaks, did no Injury to the Ara-
bians, only in the ſmaller Part of their Commerce.
It is eaſy to comprehend that theſe laſt, in Proportion to their navigating
their Seas, ſhould have the good Luck to diſcover the ſhorteſt Paſſages to many
Parts of the firſt Peninſula of the Ganges, and from that to the others ; for we
muſt not believe that the Romans were the firſt that croſſed the Arabian Sea,
which it bounds, as Pliny remarks, Lib. VI. Ch. 23.
It was infinitely eaſier to the Arabians to croſs this Sea to India, or to
Ceylon, than it was for the Tyrians to run over the different Parts of the
Mediterranean. The firſt had fine Weather to chuſe at their Pleaſure, and
Winds that were fixed and regular, by which they might ſecurely perform
their Voyages with as much Exactneſs, Rectitude, and Speed, as they had Oc-
caſion for, and always in a Manner equal in the ſame Seaſons; Advantages
which the Tyrians had but very rarely; they never had fine weather at a cer-
tain Point, on which they might depend, ſo that theſe had more Need of Abi-
lity in the Marine than the former, on Account of the Variableneſs of the
Winds, cloudy Weather, and Tempeſts, which often reign in the Medi-
terranean.
The Winds of the Indian Sea (rarely tempeſtuous) are always regular,
changing twice a Year, and under two Directions, alternately oppoſite one to
the other ; each laſts fix Months, at leaſt, if the Latitude is near our Tro-
pick. Theſe Winds are the South Weſt and North Eaſt; and they are called
Monſoons, of the which one is dry, and the other rainy; the North Eaſt
Wind cauſes the dry Monſoon, 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 Weſt, which makes it laſt till O&tober.
In fine, the Monſoons, which reign at Sea on this Side the Equinoctial,
are always oppoſite to thoſe which reign on the other Side of that Line.
It is therefore ſeen by the Exactneſs of theſe two Seaſons, and the regular
Winds of the Indies, that it was not any Thing difficult to the Arabians hap-
pily to ſucceed in their Navigation for paſſing the Sea, not only to the Iſle of
Ceylon, but alſo to that of Sumatra, or to Malacca, which is in its Neigh-
bourhood. They yet make to this very Day theſe Traverſes, in a great Meaſure,
without uſing the Compaſs, at leaſt very rarely; for the Winds, being once
fixed and invariable, ſerve them for Guides and Rules in the Direction of
their Route, almoſt as well, and even in ſome Manner more exact, than they
would do by the Help of the Stars in ſerene Weather. What is it then that
ſhould have hindered the performing the ſame in ancient Times ? This is
what the modern Hiſtorians have not thought of, in ſpeaking of the ancient
H
Navigation
1
26
AN HISTORICAL DEDUCTION OF TRADEA

Navigation of India. (It is probable, had they been on the Spot, as I have
been, they would have thought as I do.)
Many Nations among the Indians have always croſſed theſe Seas by the
Favour of theſe Winds. The dry Monſoons, periodically renewed by the
North Eaſt Wind, aſſiſt their failing to the Weſtward; and the Weſt Mon-
foons, formed in like Manner by the oppoſite Winds of South Weſt, ſerve
them alſo for failing Eaſtward. One Monſoon ſerving them to go, and the
other to return, and thoſe always equally certain and regular.
The Arabians, waſhed by the fame Sea, ought therefore to do the fame-
Thing; and it is what they have always done, according to the Tradition of
the Indian Nations, who regarded them as the Maſters of the Navigation of
the Seas, till the Arrival of the Portugueſe among them, who ruined entirely
the vaſt Commerce of Arabia, which had been of ſo long a Duration.
Pliny makes Mention of theſe two Winds for traverſing the Arabian Sea.
The South Weſt, which was called, ſays he, in that Country, Hypalus, was
the proper Wind for failing from the Cape of Syagros (which is believed to
be that of Fartaque) to Zizerus, a Port in India; this is apparently that of
the preſent Diu: They, in returning (adds he) departed from thence in the
Month of December, or even in that of January, and this Traverſe was
made (according to him) in forty Days. The Periplus of the Red Sea, attri-
buted to Arianus, ſays the ſame, according to Mr. Huet; it informs us far-
ther, that they ſailed from Arabia for India in the Month of July, and theſe
Seaſons are perfectly the ſame now, which ſerve for the Navigation of thoſe
Countries.
Mr. Huet believed, by the Relation of Pliny, that theſe Courſes were new,
and had been diſcovered by the Romans, which might be ſo in Regard to the
Romans only, but it is abſolutely not the fame in Reſpect to the Arabians, as
theſe Routes were at that Time known to the latter, and had been ſo for
ſeveral Ages.
The Author of the Periplus before-mentioned ſays, that it
was an ancient Pilot-named Hypalus, who firſt diſcovered (by Favour of a
South Weſt Wind) this Courſe to the Indies, and that his Example was fol-
lowed with ſo much Succeſs, that they gave to this Wind, the ſaid Pilot's
Name *. However we ought to be perſuaded, that this only regards (as has
been ſaid) the Navigation of the Romans. of this only to pas
In fine, after theſe Eclairciſſements, we ought not any longer to be ſurprized
at the ancient Splendor of the Arabians, which, at the ſame Time, occafioned
that of the Tyrians and Egyptians; the commodious Situation of their Coun-
try, the Pleaſantneſs of a frequent or almoſt continual Serenity of their Sky,
the direct Regularity of the Winds which reigned in their Oriental Seas,
and their own Spices (above all, the Incenſe) were Advantages which would
naturally render them fouriſhing, if improved (as they always were) by them ;
and it may be added, that the Goodneſs of their Ports (infinitely better than
all thoſe of India) was the Thing which favoured them moſt in their com-
merce.
I am ſtrongly led to believe, with Mr. Huet, that the Surname of
Happy, which Arabia anciently received, only came from the Excellency of
her Harbours, and from that of her former Commerce. This Arabia called
happy, was never ſo rich in its own Product as to merit ſo fine an Appella-
tion; it might rather have been given her for being the richeſt Nation in
the World by her Traffick with Strangers, than becauſe her Soil was found
better comparatively than that of Stoney or Defert Arabia.
The laſt Remark to be made is, that the Treaſures and Commerce of the
Arabians enriched the neighbouring Nations; Yudea, above all, felt it moft,
as may be judged by the Revenues and Wealth of Solomon, which the Scrip-
ture deſcribes to have been ſo very great, in the tenth Chapter of the firſt Book
of Kings, and the ninth and ſecond of Chronicles, where it is ſaid, that all the
Kings and Governors of Arabia brought hin Gold and Silver, beſides his an-
nual Revenue, amounting to fix Hundred and fixty-fix Talents of Gold; and it
is likewiſe from thence known, what were the Preſents which the Queen of
Sheba mnade him, after coming from the Depth of Arabia to ſee him and
prove
# Traite du Commerce et de la Navigation, par Mr. Huet, Chap. 54.



AND COMMERCE, FROM THEIR ORIGINAL.
27

prove his Wiſdom, importing only in Gold one Hundred and twenty Talents
(beſides Spices and precious Stones) making, according to Father Calmet,
8,176,000 French Livres, or, at the Exchange of 54d. per French Crown, of
three Livres, as it then governed, about 613,2001. Sterling : (Though Dean
Prideaux computes it at 864,000l.) a plain Proof of the great Richneſs of this
Queen's Country; and to confirm the many Advantages that Judea reaped from
Trade, I think Dr. Garcin might have added to what he has ſaid on this Subject,
the Mention that is made in the twenty-ſecond Chapter of the first Book of Chro-
nicles) of the Wealth King David had prepared for the Houſe of the Lord. viz:
an hundred thouſand Talents of Gold, and a thouſand thouſand Talents of Silver, ma-
king the immenſe Sum of 1 179,000,000l. Sterling (according to the aforeſaid
Dean's Calculation of 7,2001. per Talent of Gold, and 450l. per Talent of
Silver) only in thoſe two Metals, beſides, Braſs and Iron without Weight, and
the Addition that he made out of his privy Purſe, towards that pious Work,
of three thouſand Talents of Gold, and ſeven thouſand Talents of refined Silver,
as hinted in the twenty-ninth Chapter of the above mentioned Book, and fourth
Verſe ; and we may ſubjoin what is recorded in the ſeventh Verſe, That the
Fathers and Princes of the Tribes of Iſrael, &c. gave five thouſand Talents, and
ten thouſand Drams of Gold, ten thouſand Talents of Silver, eighteen thouſand
Talents of Braſs, and an hundred thouſand Talents of Iron, as an additional
Proof of the Benefits brought to this Country by Commerce ; for none of this
vaft Treaſure was the Product of it, and conſequently muſt have been imported
to the great enriching both of Prince and People, as plainly appears from the
Magnificence of their Gifts. And though we have not the Account of King
David's Trade to the Land of Opbir and Tarſhiſh, as materially remarked as we
have that of his Son Solomon's, yet he undoubtedly commenced it, on his
Conqueſt of the Kingdom of Edom, which made him Maſter of Elath and
Eziongebar, two Sea-Port Towns on the Red-Sea, from whence he might,
and certainly did, direct his Traffick to the Coaſt of Africa weſtward, and to
Arabia, Perha, and India, on the Eaſt; and, as he lived twenty-five Years
after making that Conqueſt, we may account for his amaffing ſuch, otherwiſe,
an incredible Sum, by the long Continuance and vaſt Profit
of his Trade.
I am not ignorant, that many learned Authors judge the Talents above-
mentioned to have been leſs than they are here calculated at; yet, ſuppoſing
with them that they were not above half the Value, the Sum ſtill remains pro-
digiouſly great, and ſhews, what I am contending for, that only Commerce could
furniſh ſuch a Treaſure. Mr. Malynes ſays, in his Lex Mercatoria, (Page 261)
it is recorded, that David left in Gold (beſides Silver) an hundred and
eighty Millions Sterling, and Solomon only eighteen: I preſume he muſt
mean by the firſt, only that Prince's private Caſh, as the Sum he dedicated to
the Service of God greatly exceeded it, and it is no Wonder the latter left fo
little, when we conſider his long Reign, prodigious Buildings, and expenſive
Way of living.
From the Commerce and Navigation of the Arabians, we may paſs, with
great Propriety, to that of the Fleet of Solomon, which went to Ophir..
After what we have ſeen of the Navigation of the former, it will not be
very
difficult to make appear more clearly than has ever yet been done, which Way Firet.
it took for performing this Voyage.
Firſt, there is a great Probability, that Solomon was informed by ſome Ara-
bians, or by the Queen of Sheba herſelf, long before ſhe came to ſee him, of the
Maritime 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; and that it was in Conſequence of this Diſcovery, that he took the
Reſolution to maintain, in ſome Port of the Red Sea, a Fleet to proceed
every
three Years (according to the ſacred Text) to the fame Places which were
frequented by that of the Arabians ; this could not be otherwiſe for many
Reaſons, which may be deduced from all that I have advanced, and from that
which I ſhall yet add here.
Secondly, it cannot be doubted that Solomon, after this Diſcovery, and with
the Deſign of drawing from India (according to their Wants) the ſame Treaſure
which
NAVIGA
TION OF
SOLOMON',

2
28
AN HISTORICAL DEDUCTION OF TRADE

which the Ports of Arabia procured, did not take Care to ſecure Pilots to con-
duct his Ships to thoſe Places; and as his Fleet wanted Men to fit it out, and
ſerve aboard it, this Prince; for that Reaſon, obtained (as the Scripture informs
us) from Hiram King of Tyre, fome People experienced in Maritime Affairs,
who, as it likewiſe appears, had alſo Ships in the Red Sea (after having ſent the
Materials) to join with thoſe of Solomon in this Voyage.
It is ſeen by what I have ſaid, in Regard to the Arabiańs; that the Iſlands of
Ceylon and Sumatra were the principal Places (that is to ſay, the richeſt) to which
they failed; the Fleet of Solomon ought certainly to do the ſame in holding the
ſame Route, I would ſay, in traverſing the midſt of the Sea.
It cannot poſitively be affirmed, that the Iſle of Ceylon has been formerly rich
in Gold, as many of the Learned believed, and that this Fleet which certainly
went thither, drew its Gold from thence, as it did its precious Stones, Caſſia,
and Cinnamon ; but it may be ſuppoſed, with much greater Probability, that
it
got
it from ſome Part of the Peninſula of Malacca, called anciently the Cher-
Soneſe of Gold, or from the Iſland of Sumatra, ſince this has been always, as it
ſtill is, full of this precious Metal. The Sea is as eaſy, or eaſier, to paſs from
the Iſle of Ceylon to that of Sumatra by the weſtern Monſoon, than it is from
Arabia to the Coaft of Malabar, or, to the Iſland of Ceylon, as I have demon-
ſtrated. Theſe two Traverſes have been always practiſed with the greateſt
Facility. That which the Learned ſuppoſe, along the Eaſtern Coaſt of
Africa to Saffala, is ten Times more difficult and dangerous, without reckoning
that this laſt Place is two hundred Leagues more diftant froin Arabia than the
Iſle of Sumatra is, and that the Winds, which are not the ſame nigh this
Coaſt as in the Middle of the Sea, are irregular, and very often contrary. In
a proper Seaſon, a Paſſage is now made from Arabia to Sumatra in leſs than a
Month, which cannot be done in four, from the ſame Place to Soffala (by
coaſting Africa) in any Time that may be choſen.
It is then clear that this is that direct Route from Arabia to Ceylon and Su-
matra which the Arabians took, and which the Fleet of Solomon always choſe
as the eaſieſt and moſt profitable, or as the only one that could procure him the
moſt precious Merchandizes of all the Eaſt as well as all Sorts of Spices.
Aloe, which is a moſt odoriferous Wood, and which is ſpoken of in Scrip-
ture, is only found in theſe Countries, and of which it having been always a
principal Commerce, is a ſtrong Proof, that the Fleet of the Arabians, and
that of Solomon, went to thoſe Places. Let us yet add, that the Woods of
Almugghim came from thence and may reaſonably be ſuppoſed the Sandal)
being alſo a ſweet ſmelling Wood; it comes from the Iſland of Timor, and the
Macaſſers have always carried it to Malacca and Achin, in the Iſle of Sumatra,
for Sale to the other Nations of India, who have ever diligently fought it.
Theſe Elucidations, which ſtrongly agree in Favour of the Truth of thoſe
ancient Voyages, ought to draw the Curious from the Perplexities and Embar-
raſſments, 'into which the Commentators on the Bible, by the Difference of
their Opinions on this Matter, have thrown them. The ancient Hiſtory of
Commerce receives alſo a clear Light from this eaſy Demonſtration, where the
Navigation of the Indies has always been, and the Tranſport of the rich Mer-
chandizes that have at all Times come from thence orien
Beſides, it is ſeen by theſe fame Eclairciſſements, that it is by no Means ne-
ceſſary 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.
Huet has pretended, and yet more recently the Author of the Spectacle de la
Nature. Theſe Gentlemen, on the Credit of ſome ancient Hiſtorians, who
relate an Example of a Voyage that was made round Africa, have thought they
might conclude, that the Fleets of the Hebrews and Tyrians, which failed from
the Red Sea, made this Route in the fame Manner, and, what is more, that
they repeated it (according to them) every three Years.
This is not a proper Place to enlarge on explaining the Difficulties that there
were for the Fleets to make this prodigious Tour along Shore, as theſe Authors
have advanced : It is eaſier to imagine it in a Cloſet than to make it on the Spot,
and to go to examine or prove the Dangers, if they had drawn for them-
ſelves

AND COMMERCE, FROM THEIR ORIGINAL
29

.
felves an exact Picture of the Fatigues to be endured in riſking to follow the
Coaſts of this great Part of the World, and had painted the unknown Shelves
and Banks under Water, with which the Coaſts are ſo well furniſhed; the
contrary Winds and Currents which laſt long; and, what is worſe, the
Wrecks whịch Tempeſts almoſt continually occaſion, on being too near a Shore,
they would, without Doubt, have changed their Language, Even now, when
Navigation is more perfect than ever, how many Wrecks happen in tempeſ-
tuous Şeaſons, when Ships are in Sight of the Coaſts either near their Arrival,
or after ſailing from ſome Port? Theſe Wrecks would be more frequent and
numerous, if the Seas and Havens were ſtrange and unknown, and without
the Charts now uſed, of which they were formerly ignorant.
The Coaſts of Africa are in many Parts difficult to frequent; there are
Heights, Lengths, and Steepnefles, full of Shelves, and where the Sea is
dreadful in the Motion and Noiſe of its Waves, which break againſt an Infi-
nitude of Rocks. How many Ships have the Portugueſe, Engliſh, and Dutch
loft, and ſtill loſe, near the Cape of Good Hope, notwithſtanding the great
Experience they have had in the Navigation on that Coaft! Their Loſſes have
been ſtill greater on many Occaſions in the very Road of that Cape.
Africa has in truth always produced Gold and Ivory, but it is a Miſtake to
think that it has alſo yielded Spices and precious Stones; if Hiſtorians of
former Times, and (among others) Pliny have affirmed it, they ought to be
regarded as fallen into an Error in that Reſpect, the ſame as has often hapa
pened to them in many other Things.
On the contrary, the Indies have always abundantly afforded theſe rich Prou
ductions, with many others, of which Uſe has been made in Trade, Prefent.
Experience ſuffices to demonſtrate theſe two Truths; and theſe are Facts
which prove in their Turn, that it was not to Africa, and yet leſs to Spain, that
Solomon ſent his Fleet to load thoſe precious Commodities, ſo diligently
fought after in Antiquity. If any ſuch Fleet had riſked making the Tour
of Africa to come to Spain, what Appearance or Probability was there that
the fame Way, and under the ſame Rifques, rather than
through the Mediterranean, to get to fome Port in Syria, which is much
nearer, and the Sea better known and leſs dangerous ?
Ophir and Tarſhiſh, where the ſaid Fleets went (according to Scripture) are
not then the ſame Places that Mefl. Huet and Pluche have endeavoured to
eſtabliſh in Africa and Spain, viz. Ophir at Soffala, and Tarſhiſh in Andaluſia.
The learned Bochart has likewiſe found thefe Places in the Indies, notwith-
ſtanding the Oppoſition which the. Abbé Pluche made againſt him. I am
ſtrongly led to believe, with Antoine du Pinet (the Tranſlator of Fliny) that
Tarſhiſh was Guzurate, named by Pliny himſelf Gedro Populi. That Author
always tranſlated this ancient Name in to that of Tarſhiſh and Guzurate.
The firſt Voyages of the Indies were made from that Side, and it is probable
from this, that the Hebrews called the Sea which bordered on it, the Sea of
Tarſhiſ, to diſtinguiſh it from the Red Sea, which was the neareſt to their
Country among thoſe to the Eaſtward of them.
In fine, in Reſpect of Ophir, it appears, that that place muſt be Sumatra,
becauſe this Iſle has always been the richeſt in Gold; or elſe the Peninſula of
Malacca, believed to be the Golden Cherſoneſe of the Ancients, and where
were found the odoriferous Woods, and other Aromatics, which the more re-
mote Nations have always brought there, and even to Achin, the Capital of
Sumatra,
To finiſh this Matter, I ſhall remark, that the Author of the Spectacle de la
Nature has ſtretched to demonſtrate, « that the knowledge of the North Star
“ rendered Navigation anciently more bold and fortunate ; that the Phænicians
were thoſe that applied themſelves to it moſt; that they taught it with
“ Succeſs to the Hebrews, and that they ſerved for Guides to the Fleets of
“ Solomon ; and that, in fine, by their indefatigable A&ivity, and by their
- continual Attention to the Information of the Polar Star, they penetrated
every where:" By which this learned Man gives us (without Doubt) to
underſtand, that theſe fame Phænicians made the Hebrews make the Tour of
I
Africa

go
AN HISTORICAL DEDUCTION OF TRADE
Tails (by a
can.
Africa by the Affiſtance of that Star ; but how could it ſerve for this long
Voyage, when it is hardly ſeen only at five Degrees of Northern Latitude,
that is to ſay, one hundred Leagues on this Side the Line ?
This Author, to fhew that the Phænicians with the Hebrews might make
this Tour Coaſtways, relates an Example happened fince, taken from
Herodotus, viz. that Necao, King of Egypt, fent fome Pilots on the Red Sea,
and ordered them to make the Tour of Africa, which they did, and, return-
ing by the Streights of Gibraltar, they arrived in Egypt the third Year : but
when will another Fleet (ſuppoſing this Story true) be able to do the ſame?
and, ſeeing that theſe Pilots were near three Years in making this Tour, the
Fleet of Solomon would not have failed, being almoſt fix, in making the ſame
Voyage twice, going and coming, without counting its Stay in Spain;
beſides, a Fleet never fails (by a third) fo quick, as a Ship or two ſeparately
As theſe Pilots with their People did not incumber themſelves it is ſaid)
with many Proviſions to make this prodigious Tour, they take Care to relate
the Paffage of Herodotus, which ſays, that theſe people advanced into the
Southern Sea (and that as they were not ignorant, it is ſaid in this Parentheſis,
that the Summer Rains deſtroyed, in the moſt remote Part of Africa, that
which was ſown in the Spring) when they found themſelves in Autumn, they
landed, ſowed, and waited the Crop, without ever leaving the Coaſts of
Libya (that is to ſay, of Africa) getting in their Harveſt, and reimbarking.
This favours ſtrongly of a Fable, to any one acquainted with the Country
and Soil of Africa ; beſides, Herodotus ſuppoſes a Thing of which he was
ignorant, viz. that our Autumn makes the Spring in the meridional Parts of
Africa, their Seaſons being oppoſite to ours. There might be many Things
offered to demonſtrate the Impoſſibility of this Practice among Travellers of
this order.
When a Writer is ignorant of Geographical Particulars and the Nature of
a remote Country, he cannot avoid, at leaſt
, falling into falſe Suppoſitions,
(expreſt or underſtood) when he comes to ſpeak minutely of them. This is
what Perſons who know theſe Places, by having been there, generally remark
very well and juſtly,


od tid med en botte
TOT Orit sed ads sit si sloboud
subotolieb
donde
bal words
Eestrol beebidezom
et de bois Acidiobati ve and the ਕੀਤੇ
e) Digui nec Sareal zitt si
THE
toiseen
Τ Η Ε
MERCHAN T's
DIRECTORY.
Of Merchants, whether Natives, or Foreigners; their Charakter;
fome Directions for their prudent Conduct; and an Abſtractof the
Laws now in Force concerning them.

T"
HE Antiquity of the free Profeſſion of a Merchant may juſtly
entitle it to claim Precedency to Nobility of Birth, and all heredi-
tary, 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 Profeſſion of a Merchant, was neither ſo well underſtood, nor ſó
clearly diſtinguiſhed from that of ſimple Inland Traders or Shopkeepers as it
has been in modern Times.
A Confuſion of the terms Merchant and Trader derived from the Latin
word Mercator and Tradendo prevailed for a long Time, and was adopted by
Commercial Writers. The literal Tranſlators from Cicero give no other Defi-
nition of his Senſe of the Word Mercator, than that he is a Perſon who buyeth
and tradeth in any Thing. And in the early Annals of England and Scotland
we find Traders, who reſorted to the publickFairs, indiſcriminately ſtiled Merca-
tores; they are thus denominated in the public Records in the Reign of Ed-
ward I. But, after the firm and extenſive Eſtabliſhment of Commerce in this
Country, protected by a maritime Force, and improved by the Settlement of
Colonies, ajuſt Diſtinction took Place between the Merchant, and the inland
Trader, whether in the Groſs or by retail. Mun, an eminent modern commer-
cial Writer very happily calls a Merchant, the Steward of the Kingdom's
Stock, by Way of Commerce with other Nations. “ None therefore, in Great-
Britain, can properly be ſtiled Merchants, but ſuch as export her native Products
and Manufačtures, or thoſe of her Colonies, to foreign Climes; or import the
Commodities of different countries into theſe Kingdoms. To this proper Acceptation
of the Word Merchant it will be neceſſary ſtrictly to adhere, that we may not
confound the Rank and Character of the Britiſh Merchant, with that of the
wholeſale Dealer or Trader, an Error which we may be eaſily led into, if we
conſult the common Directories and other printed liſts of our Citizens, ſome of
whom prompted by Vanity, give a ſmall annual Gratification to the Printers, to
be placed in the firſt Claſs of Citizens, when their Situation only entitles them
to the Second. This Diſtinction deſerves particular Notice in this place,
becauſe i he Education required to accompliſh the Character of a Britiſh Mer-
chant, is by no Means neceſſary for the ſecond Claſs of Citizens, wholeſale
Traders.
The mercantile Profeffion ſtands in a high Degree of Eſtimation with all the
Nations of Europe except Spain. In France, by two Arrets of Lewis XIV.
the one in 1669, and the other in 1701, a Nobleman is allowed to trade both
by Land and Sea, without any Diſparagement to his Nobility; and we have
frequent Inſtances of Merchants being ennobled in that Country, in Regard to
the Utility which their Commerce, and the Manufactures they have ſet up, has
produced


1
32
O F MERCHANTS.

produced to the State. In Bretagne, even a Retail-Trader does not derogate
from his Nobility, which only ſleeps whilſt he continues to exerciſe it, or, in
other Words, he only ceaſes to enjoy the Privileges of his Nobleſſe, whilft
he carries it on, and re-aſſumes it by leaving off Trade, without any Letter or
Inſtrument of Rehabilitation. In many other States, and more eſpecially in
the Republics of Venice, Holland, and Genoa, its Value increaſes, and I wiſh
I could ſay the ſame Regard was paid to it in England; but its Importance is
not ſo juſtly conſidered by us as it ought to be, more eſpecially, as we enjoy
every deſirable Advantage for carrying it on; and, could the Gentlemen
engaged in it be brought to this Way of thinking, and be perſuaded to do
Juſtice to a Profeſſion we all eſteem honourable, by a ſtricter Imitation of the
above-mentioned States, and, not only to ſtudy, but appropriate their Affiduity
and Diligence (more eſpecially that practiſed by our induſtrious Flemiſh Neigh-
bours) from a ſincere Conviction of the Excellency of the mercantile Employ,
we ſhould ſoon outſtrip every Competitor, and render the Britiſh Merchant as
celebrated as the Britiſh Valour, or the Britiſh Power, which he, more than
others, contributes to ſupport. It is true, Commerce ſtands fa fair in the
Eſteem of an Engliſhman, and promiſes ſo many Occaſions either for raiſing
or improving a Fortune, that many younger Sons and Brothers of Peers are
frequently bred up to, and embrace it; but then, they are too apt to quit it
on ſucceeding to the Dignities of their Families, or to ſome publick Employ-
ment, and withdraw thoſe Funds, which might otherwiſe be continued in it,
both to their own and the Nation's Emolument; whereas, was a contrary
Practiſe obſerved, and could many (whoſe immenſe Riches enable them) be
perſuaded to purſue their firſt Beginnings, and deſtine Part of their great Ef-
fects to run into this Channel, we ſhould ſee Commerce yet daily improve,
and many more active Profeſſors ſhining at the Head of it than we now do, a
Number of important Enterprizes might be undertaken, and happily concluded,
to the no ſmall Increaſe both of publick and private Intereſt: But it is a Mis-
fortune that many Gentlemen who have been enriched by it, or their Inheritors,
frequently withdraw from it, to live in Retirement, or by an Advancement
to Honours and Poſts, change the tranquil and pleaſureable mercantile Employ
for the more troubleſome, though ſplendid one, of Grandeur and Power ; and
notwithſtanding ſuch may, and undoubtedly often do, look down on their
quondam Buſineſs as derogatory and now beneath them, yet a prime Miniſter
of France, and ſeveral ſucceſſive Grand Dukes of Tuſcany (as mentioned in the
preceding Diſcourſe) I ſhould think might countenance any one's Continuance
in it, as they deemed it no Diſparagement to their high Stations. And, to fhew
how Commerce is thought of by moſt Foreigners, we may ſubjoin to the
Examples already quoted of the Regard paid to it, that many of the Italian
Princes are the principal Merchants of their States, and think it no Diſcredit to
make their Palaces ſerve as Warehouſes. Many of the Kings of Apa, moſt of
thoſe on the Coaſt of Africa and Guinea, traffick with the Europeans, either in
Perfon or by their Miniſters; fo that, in Reality, Spain is the only Country I
know of, where the mercantile Employ is in Diſrepute; and there it is counted
leſs ignoble and ungenerous to beg, than to make or improve a Fortune, by
merchandizing. And, before I proceed to mention the Laws in Force con-
cerning Trade and Commerce, I ſhall here deſcribe the neceſſary Qualifications
of Merchants and give ſome few Rules for their Conduct, tending to ſecure to
them the Succeſs they aim at.
Previous to a Man's becoming an univerſal Dealer, he ought to treaſure up
ſuch a Fund of uſeful Knowledge, as may enable him to carry it on with Eaſe
to himſelf, and without riſking ſuch Loffes and Diſguſts, as great ill-con-
certed Undertakings will naturally expoſe him to; wherefore, to reduce this
neceſſary Science to a proper Regulation, I ſhall recommend the following Par-
ticulars to his Acquireinent, and, if his concerns are more limitted, his Learn-
ing and Knowledge may be fo too.
The firit care of Parents or Guardians who deſign to bring up a Youth to be
a Britiſh Merchant ſhould be, to inſtil into his tender Mind the foundert
Principles of Religion and Morality, and a ſacred Veneration for Truth; Probity
ſhould


2
OF MERCH AN TS.
33
ſhould be the Baſis of all his juvenile Actions ; nor ſhould he, even in his
Sports and Paſtimes, ever be ſuffered to forfeit his Word, or evade his
'Promiſe.
The early Cultivation of his native Tongue is indiſpenſably neceffaryand 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 ſeven or eight
Years, when perhaps they will not have Occaſion twice in their Lives, to ſpeak;
read, or write, either of theſe Languages.

The general Merchant then ſhould learn.
1. To write properly and correctly his native Language.
2. All the Rules of Arithmetick, which have any Affinity or Relation to
Commerce.
3. To keep Books of double and ſingle Entry, as Journals, Ledger, &c.
4 To be expert in the Order and Forms of Invoices, Accounts of Sales,
Policies of Inſurance, Charter-parties, Bills of Lading, and Bills of Exchange.
5. To know the Agreement between the Monies, Weights, and Meaſures of
all Nations.
6. If he deals in Silk, Woollen, Linen, or Hair Manufactories, he ought to
know the Places where the different Sorts of Merchandizes are manufactured,
in what Manner they are made, what are the Materials of which they are com-
poſed, and from whence they come, the Preparations of theſe Materials before
working up, and the Merchandize after their Fabrication,
7. The Lengths and Breadths which Silk, Woollen, or Hair Stuffs, Linens,
Cottons, Fuſtains, &c. ought to have, according to the diverſe Statutes and
Regulations of the Places where they are manufactured, with their different
Prices according to their Times and Seaſons, and, if he can add to this Know-
ledge, the different Dyes and Ingredients which enter for the Formation of the
various Colours, it will not be uſeleſs.
8. If he confines his Traffick to Oils, Wines, &c. he ought to inform
himſelf particularly of the Appearances of the ſucceeding Crops for his Govern-
ment in difpofing of what he has on Hand, or to learn, as exactly as he can,
what they have produced when got in, for his Direction in making the neceſ-
ſary Purchaſes and Engagements.
9. What are the Sorts of Merchandize which are found more in one
Country than another, them which are ſcarce, their different Species and Qua-
lities, and the propereſt Method for bringing them to a good Market, either
by Land or Sea,
10. Which are the Merchandize permitted or prohibited, as well entering
as going out of the Kingdom or Eſtates where they are made.
11. The Price of Exchange, according to the Courſe of different Places,
and what is the Cauſe of its Riſe and Fall.
12. The Cuſtoms due on Importation or Exportation of Merchandize,
according to the Uſages, Tarifs, and Regulations, of the Places, that he
trades to.
13. The beſt Manner of folding up, embaling, or tonning the Merchan-
dize for their Preſervation, and to be the leaſt chargeable.
14. The Price and Condition of freighting, and inſuring Ships and Mer-
chandize.
15. The Goodneſs and Value of all Neceſſaries for the Conſtruction and
Repairs of Shipping, the different Manners of their Building, what the
Wood, the Iron, the Maſts, the Cordage, the Anchors, Cannons, Sails, and
all Requiſites may coſt.
16. The wages commonly given to the Captains, Officers, and Sailors, and
the Manner of engaging with them.
17. The modern foreign Languages (or at leaſt as many of them as he can
attain to) which may be reduced to five principal ones, viz. The Spaniſh
and Portugueſe which is in Uſage in almoſt all the Eaſt, particularly on the
Coaſts of Africa, from the Canaries to the Cape of Good Hope. The Italian,
K
underſtood

T

34
OF MERCH AN TS.
20.
underſtood on all the Coaſts of the Mediterranean, and in many Parts of the
Levant. The Teutonick or German, which is underſtood in almoſt all the
northern Countries. And the French, which is now become almoſt univer-
ſally current, faſhionable, and uſeful.
18. The conſular Juriſdiction with the Laws, Cuſtoms, and Uſages, of the
different Countries he does or may trade to ; and generally all the Ordinances
and Regulations which have any Relation to Commerce, either at Home or
Àbroad.
19. In fine, although it is not preciſely neceſſary that a Merchant be very
learned, it is, notwithſtanding, very proper that he ſhould know ſomething of
Hiſtory, particularly that of his own Country, Geography, Hydrography,
or the Science of Navigation, and that he has Knowledge of the Diſcoveries
of the Countries where Trade is eſtabliſhed, in what Manner it is ſettled, of
the Companies which are formed to ſupport thoſe Eſtabliſhments, of the
Colonies that they have ſent out, of which he need not want Memoirs,
as almoſt all are inſerted in this work, and which he may alſo learn from
the Relations of Travellers; all theſe Things are of a very great Utility
for the Enterprizes of Commerce, which he may have a deſign to un-
dertake.
If the Circumſtances of Situation and Fortune will allow of it, after
he has finiſhed his domeſtic Education, and has been introduced into the
accounting Houſe, to be ſhewn the general Method of Correſpondence with
foreign Merchants (we will ſuppoſe about his eighteenth Year) he ſhould be
ſent for two or three Years on his Travels to commercial Nations; recom-
mending him at each Place where he is to reſide, to ſome conſiderable Mer-
chant, who ſhould be adviſed to receive him without Form or Ceremony,
upon the Footing of one of his Family; and, ſo far as is conſiſtent with the
neceſſary. Secrecy of commercial Tranſactions, to let him aſſiſt in his ac-
compting Houſe, at the Cuſtom Houſes, and on the Quays.
We may add to the foregoing Requiſites for forming a Merchant, that he
ought on all Occaſions to avoid Fraud and Deceit as corroding Cankers to his
Reputation and Fortune ; for however cunningly the Maſk is wore, Chance
may, or Time certainly will, diſcover the Cheat, and render the Wearer expoſed
to the Contempt and Inſults of thoſe he has impoſed on; and, to what has been
ſaid, permit me to ſubjoin the Advice, that he who undertakes to be a Mer-
chant ſhould do it with great Caution, and Circumſpection, obſerving ſeveral
Circumſtances tending to tecurehim Succeſs : as firſt, to make himſelf Maſter of
that Branch of Commerce he intends to engage in ; and if he does not tranfact
this Buſineſs perſonally, to be cautious in his Choice of Factors ; above all, that
they be noted for their Capacity and Integrity, otherwiſe the beſt laid Scheme
may be rendered abortive, and produce a conſiderable Loſs, inſtead of an ex-
pected Advantage, through the Treachery, Neglect, or Ignorance of the
Agent; for which Reaſon a Merchant ſhould not be drawn in to employ a
Factor, with whoſe Character he is unacquainted, from any Motive whatſo-
ever, even from that moſt prevailing one, of ſerving for a leſs Commiſſion than
what others commonly do, as I am ſure no Concern is worth carrying on,
that will not afford the Allowance generally made to thoſe the Merchant
thinks proper to ſubſtitute and employ. His firſt Care, therefore, ſhould
be the Choice of ſuch a Correſpondent as he can depend on, whoſe Integrity
will naturally lead him aſſiduouſly to ſolicit and promote the Intereſt of his
Principal, unbiaſſed by any ſiniſter Views of his own. But as Merchants, as
well as inland Traders tranſact a great Part of their Buſineſs themſelves, I ſhall
here, add ſome valuable Remarks for their Government in Purchaſes and Sales,
partly extracted from Monf. Savary's Parfait Negociant, and partly what my
own Experience has furniſhed me with, as they may be equally ſerviceable to an
Engliſh and French Reader though Mr. Savary's Share of them was principally
intended for the latter.
Trade becomes more or leſs troubleſome, according as it is more or leſs ex-
tenſive ; and it is for this Reaſon that Merchants ought to appropriate different
Maxims and Conſiderations for the Conduct and Management of their Affairs.
Thoſe



OF MERCHANT S.
35
1
Thoſe who traffick in the Merchandize of our own Manufactories, or
confine their Trade to the Conſumption of one City only, run leſs Riſques,
and
carry on their Buſineſs eaſier than thoſe who diſpoſe of their Goods, not
only in the Place of their Reſidence, but to Dealers or Retailers in other Parts
of the Kingdom, or abroad; this ſhall be explained after treating of the
Manner which Merchants ought to obſerve in the Purchaſe of Commodities,
and the eſtabliſhing Fabricks themſelves.
And for this it is to be remarked, that in Places where any conſiderable
Manufactories are ſettled, there are generally aſſociated Merchants, who ſup-
ply the Fabricators with the neceſſary Materials for their Works, which they
ſell them, and in Payment take their Goods, which they afterwards diſpoſe of
in other Places, or on the Spot, to ſupply Commiſſions given them.
Though there are ſome of the Artificers ſo opulent, as to buy and pro-
cure the ingredients they want for the Supply of their Manufactories from
firſt Hands; yet there are others, who (being Maſters of leſs Stock) ſell their
Goods to the firſt Purchaſers that demand them.
Now Merchants muſt govern themſelves in their Dealings with theſe three
Sorts of Men, according as the Times and Seaſons ſhall dictate; for in thoſe,
when the Merchandize are ſcarce and in Demand, they muſt buy of all as
well as they can, and according to the Advantages that may preſent; but,
when Commerce is dead, or little ſtirring, and Abundance of Goods lying
on Hand, they ſhould then act with Circumſpection, and obſerve the follow-
ing Maxims in all their Purchaſes.
1. When Goods begin to riſe in Price (which commonly proceeds from
theſe two Cauſes, either that the Value of Materials is exceedingly augmented
on Account of their Scarcity, or that there are but few Goods ready-made, to
ſupply a briſk Demand) it is natural for thoſe that are perfected to increaſe in
Value, in Proportion to the Want and Paucity of them; but it is Prudence in
him who would buy under ſuch Circumſtances, to examine the Cauſes 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 Seaſon has been
moiſt and rainy at the Place of its Growth, he may be aſſured of the latter;
and that the Scarcity of the Merchandize proceeds from this of the princi-
pal Material.
It is equally the ſame in the Manufactories of Cloth and other Woollens,
when Wools are ſcarce and riſen in Price; and the ſame with Linens under
the Shortneſs of the Crop of Hemp and Flax, and indeed of all Sorts of
Materials, which compoſe the Manufactures of the different Sorts of Mer-
chandize, current in Trade; becauſe the Scarceneſs of theſe (as has been
faid) augments their Price, and conſequently that of the Commodities made
of them.
There is no Doubt, that when the augmented Price of Merchandize pro-
ceeds from the Scarcity of their Materials, that it not only remains ſo long,
but that it daily riſes by little and little, and in this caſe 'affords the Mer-
chant no Room for Deliberation, who ought immediately to buy and make
his Bargain, to receive afterwards (in a certain. Time) the Quantity he
judges he may want to ſell.
If the Riſe of Goods comes from there being few in the Fabricks, and a
great Demand for them, and not through Want of the Materials which com-
poſe them, the Buyer ought to act with Sagacity and Prudence in their Pur-
chaſe; becauſe this probably is a Fire that will ſoon paſs, and this Augmenta-
tion laſt no longer than the Warmth that occaſioned it, for two Reaſons; the
firſt, becauſe it may be Chance effected it, proceeding from ſome Merchants
of different Places accidentally giving their Commiſſions at the fame Time, or
that they happen to meet at the Manufactories, which makes the Fabricators
ſtand firm to their Prices; though, when theſe Merchants are ſupplied, Things
return to the fame State they were in before, and ſuch an Occurrence makes
them ſometimes even diminiſh greatly in their Value, becauſe the Workmen,
ſeeing themſelves ſought after, engage deeply in their Fabricks, and the Abun-
dance then occaſions a Cheapneſs, in the fame Manner, as a Scarcity before pro-
duced the Reverſe ; and theſe Conſiderations are very important towards ſuc-
ceſsful Purchaſes.
The
4


ain. Time) the
3
2.
36
OF MERCHANT S.
2. The ſecond Maxim, neceffary to be obſerved in the buying Merchandize
is to be extremely circumſpect in his Words, that his Deſire of having
the Goods he is treating for; may not appear; and he ſhould not flight or
undervalue them, in order to be thought not to want them, as his Cunning
only ſerves to embarraſs the Mind of the Manufacturer, and make him more
firm and tenacious under the Uncertainty, whether this is a Feint or not, and
is a Means of his not fo foon reſolving to part with his Goods at the Price offered
for Fear of being ſurprized: On the contrary, he ought to act with Sincerity
and Frankneſs, accompanied, however, with Prudence, Workmen liking
better to deal with ſuch Sort of Chapmen, then with thoſe who uſe Tricks and
Subtlety.
3.
The third is to conſider whether the Merchandize has diminished in
Price from a higher Degree to which it was before mounted, or whether it is
augmented in Price from a lower one, at which it was, by Reaſon of a Dul-
nels in Trade, or by the too great Abundance that there has been in the Fa-
bricks: This is the greateſt Nicety in the Buyers.
For if it is at the Height of its Dearneſs, and tends to a Fall, then you ought
not to buy, becauſe it is certain, that if the Cauſe which made it mount to fo
high a Price ceaſes, that it will daily diminiſh, till it returns to the Point of its


juſt Value.
On the contrary, if the Goods are at their loweſt Value, and the Price
begins to riſe, it is then a Time to buy, becauſe it is certain that it will
daily augment, ſo long as the Cauſe which gave room for its Augmentation
laſts.
And though what has been ſaid may appear a Paradox, it is however a Truth
founded on Experience, and by which the moſt ſkilful and ingenious Mer-
chants have greatly loft or gained, according as they have timely taken their
Meaſures or neglected them.
4. The fourth Maxim in the Purchaſe of Goods is, both to know and reflect
where they will meet the beſt Sales, and then ſuit their Quality to the Taſte of
the Inhabitants.
5. The fifth Maxim is to buy of the pooreſt Workmen, becauſe they, not
having Means to lay up their Manufactures, muſt ſell cheaper than the Opulent,
who have Subſtance, and can keep their Goods till a fit Opportunity offers for
a more advantageous Sale.
6. The fixth Maxim is, not to be drawn in to engage beyond your
Capital by the tempting Bait of a cheap Purchaſe, and from a wrong Calcula-
tion of your Ability to pay at the Time agreed on; as a Failure of Punc-
tuality herein will occaſion a Loſs of Credit among the Fabricators not to be
recovered. in
7. The ſeventh Maxim is not to employ, as Factors at the Fabrick, any who
act as Merchants, and fell the Materials to the Manufacturers ; for they always
buy the Goods dearer than others who have nothing to ſell, becauſe they give
a Part in Payment, and very often to recover from their Debtors they take of
them Merchandizes in Payment, which are neither ſo good nor handſome as
thoſe bought with ready Money.
8. The eighth and laſt Maxim, which I ſhall mention on this Subject, is
that if the Buyer has a Partner, one of them ſhould be on the Spot, for two
Reaſons; firft
, becauſe, being intereſted in the Purchaſe, he is more diligent,
and takes better Care of what he does, than a Factor, who often regards nothing
more than his own Intereſt, and who, having Commiſſions from ſeveral Mer-
chants, favours thoſe he pleaſes: the ſecond is, becauſe Affairs are tranſacted
more ſecretly, and, many Times, Opportunities offer for good Purchaſes,
which one commiſſioned doth not dare to engage in, though on ſuch Adventures
large Profits are frequently to be made.
Theſe Maxims alſo hold good in the Purchaſe of all other Commodities, and
if carefully attended to, will lead the Merchant in the Steps he ought to tread,
to ſecure Suceefs; and as theſe have been directed to guide him in laying out
his Money to the beſt Advantage, I thall now borrow the Aſſiſtance of the ſame
Author


OF MÉR CHANT S.
37

Author to furniſh him with proper Directions for his Management in conduct-
ing his Sales.
Firſt, The Merchant ſhould avoid many Words and Circumlocutions in his
Dealings, as this looks more likea Retailer than one who is not fo; and, fup-
poſing he is treating with one of this laſt Diſtinction, he may be aſſured, that
the Buyer underſtands the Value of the Goods, ſo that the Merchant only oc-
caſions himſelf an unneceſſary Trouble to aſk much out of the Way; therefore
what is principally to be obſerved in Sales on Credit is, that his Debtor be one
noted for his Punctuality and Honeſty, and alſo diſpatches large Quantities of
Goods, as theſe Motives ſhould induce a Preference to be given to one ſo qua-
lified (though with leſs Profit) rather than to another with an inferior Credit
and leſs Trade.
2. If the Merchandizes dealt in are ſuch as are dependent, in ſome Sort, for
their Value on the Mode, Seaſons ought to be conſulted for advantageous Sales,
ſo that, if thoſe proper for the Winter are aſked for at the latter End of it, it is
not reaſonable to expect ſo much then as in the Beginning, neither is it conſiſtent
with the Owner's Intereſt to keep them, as he may have no other Offers till the
returning Year, and he then riſques their continuing in Faſhion, ſo that it will
be prudent to embrace any tolerable Offer, under theſe Circumſtances, that is
made him.
3. He ought not to truſt too much to any one Perſon; for, in Caſe of a
Failure, it may ſtraiten him, and, in the End, bring him to the ſame Mis-
fortune; therefore Prudence will direct him to diſperſe his Effects in many
Hands, that, if one or two miſcarry, he may be leſs ſenſible of his Loſs, and
better able to ſupport it: This is a very neceſſary Maxim to be obſerved by
thoſe who have large Dealings, as the Sufferings by a contrary Practice are in-
numerable, and there is no one Article of Miſconduct that has brought ſo many
to Ruin at this.
4. A Merchant ſhould not inconſiderately engage with young Men, who
have little more to recommend them to Credit than being the Children of rich
Parents, as a Truſt on this Account is the Product of a very falſe Maxim ;
becaule, if they do otherwiſe than well, their Fathers would hardly pay their
Debts, as the Creditor may have flattered himſelf, neither is it reaſonable to
expect it, no more than to think they ſhould incommode themſelves, or hurt
their other Children, purely to ſupport a Son, whom Gaming, Debauchery,
or at beſt Imprudence, has reduced.
5. If it happens, that Debtors omit paying what they owe at the Time
agreed on, the Creditors ſhould not oppreſs them with an extravagant Intereſt;
for, though Neceſſity obliges them ſeemingly to ſubmit, it is a ſure Canker to
their Fortunes, which too often at laſt involves both the Truſted, and him that
truſts, in Ruin. Beſides, if the latter eſcape a Failure he has drawn the other
into, I ſhould think he could not the Laſhes of Conſcience, when reflecting on
his occafioning the Debtor's Misfortunes, by the Extortion he had impoſed.
6. The ſixth Maxim is never to lend to any Sort of Perſons whatſoever on an
unjuſtifiable Security, nor to take an unwarrantable Intereſt; for this is a de-
teſtable Ac, and expoſes the Uſurer to the Penalty of the Law, and renders
him abominable both in the Sight of God and Man.
It is, however, both reaſonable and prudent for a Merchant to take Pledges
or Securities from his Debtors, and to be cautious of what they conſiſt; for,
if they are in Merchandize, the Colours, Faſhions, &c. of them may change,
or the Quality may ſuffer by keeping, ſo that whilſt he imagines he has the
Value of what is owing him in Hand, he may be miſtaken by the Half: And in
theſe Caſes of lending or ſelling on Truſt, and taking Pawns inſtead of Notes
for Security, the Seller or Lender ſhould add to the above Precaution, that of
making the Terms of the Depoſit very clear and apparent, in Caſe of a Failure
in the Debtor, and a conſequential Claim of the Goods by the other Creditors,
as a joint Property, otherwiſe he may be accuſed of endeavouring to abſcond
the Bankrupt's Effects; and if he has not taken the prudent Steps he ought in
his Dealings, may be obliged to give up what he has received as (and eſteemed)
a Security, beſides ſuffering in his Reputation, for being unable to juſtify what
L
he

38
OF MERCH A N T.S.
anyone
he afferted and pretended; it would therefore be very proper to have the
Affair tranſacted before Witneſſes, or at leaſt to have all the Goods that are
pledged particularly ſpecified, in the Note or Obligation given for the Truſt
or Loan, by which Means the aforementioned Inconveniencies would be
avoided.
7. A Merchant Tould always endeavour to diſpoſe of ſuch Goods as are de-
caying, damaged, or growing unfaſhionable, as ſoon as he conveniently can;
and if Money is not obtainable for them, he ſhould barter them, if he can do it,
on a tolerable Footing ; regarding, however, in this Caſe, not to make the Ex-
change, as it were with his Eyes Thut, but, firſt, to obſerve, that he is well
verſed in the Quality, and has a perfect Knowledge of the Goods he takes in
Return, otherwiſe he may verify the Proverb of being Out of the Frying-Pan
into the Fire ; for Deceits are very common in theſe Sorts of Negociations,
Secondly, he ought to know where and on what Terms he can get rid of his
new Effects, otherwiſe he may riſk loſing more by them, than by his old ones.
And, thirdly, he ſhould always avoid giving any Share of readyMoney in
the Bargain, if he poſſibly can, as he that parts with it is ſure to have leſs
Advantage in theſe uncertain Dealings, than he that receives it.
1.8. And laſtly, A Merchant ſhould never ſell any of his Goods in ſmall
Parcels, except drove thereto by mere Neceffity, as this is derogating
from his Character, and will certainly occafion him a Loſs of his Retail Cul-
tomers.
I ſhall now lay before the Reader, Abſtracts from the Statute Laws of
England, relating to Merchants, independent of the Law-Merchant, or the
Laws of Corporations and Commercial Companies.
Merchants here were always conſidered as ſubject to the Juriſdiction of the
Realm, are not ſufficient for the ordering and determining the Affairs of
Traffick and Matters relating to Commerce; Merchandizing being ſo univer-
ſal, and extenſive, that it is impoſſible; therefore, the Law-Merchant was eſta-
bliſhed, ſo called from its conſiſting of certain invariable Maxims, Rules, and
Regulations, which have attained the general Aſſent of the reſpectable Merchants of
every confiderable commercial Country for Ages paſt, and to which all Nations
pay a juſt Regard. In all Conteſts decided by Arbitration, the Law-Merchant is
principally adhered to; and the common and Statute Laws of this Kingdom
leave the Cauſes of Merchants in many Caſes to their own peculiar Lawsa
13 Edaw. IV. In the Reign of King Edward IV. a Merchant Stranger made Suit before
the King's Privy Council, for ſeveral Bales of Silk feloniouſly taken from
him, wherein it was moved, that this Matter ſhould be determined at com-
mon Law, but it was anſwered by the Lord Chancellor, that as this Suit
was brought by a Merchant, he was not bound to ſue according to the Law of
the Land.
In former Times it was conceived that thoſe Laws that were prohibitory
againſt foreign Goods did not bind a Merchant Stranger ; but it has been a long
19 Hen. VII. Time ſince ruled otherwiſe, for in the Treaties that are now eſtabliſhed between
Nation and Nation, the Laws of either Kingdom are excepted, ſo that as the
Engliſh in France, or any other foreign country in Amity, are ſubject to the
Laws of that Country where they reſide, ſo muft the People of France, or any
other Kingdom, be ſubject to the Laws of England, when reſident here.
Engliſh Merchants are not reſtrained to depart the Kingdom without Licence,
as all other Subjects formerly were, they may depart, and live out of the Realm,
Dyer 206.
and the King's Obedience, and the fame is no Contempt, they being excepted
out of the Statute 5 Rich. II. c. 2. and by the common Law they might paſs
the Seas without Licence though not to merchandiſe.
By Magna Charta it is enacted, that all Merchant Strangers in Amity(not
publickly
prohibited) ſhall have fafe Conduct to come into, depart out of, and
remain in England, and to travel by Water or Land, in and through the ſame
to buy and ſell, &c.
Stat. 9 Edw.
And if any Diſturbance or Abuſe be offered them, or any other Merchant in
a Corporation, and the Head Officer there do not provide a Remedy, the Fran-
3
chiſe



Mich. 12 and
13 Eliz.

9 Hen. IIT.
c. 30.
III, c. I.
OF MERCHAN TS.
39
C.7.
Commerce
Powers.
C. 21.
chiſe ſhall be ſeiſed, and the Diſturber ſhall anſwer Double Damages, and ſuffer
one Year’s Impriſonment, &c.
All Merchants (except Enemies) may ſafely come into England, with their 54. Edw. Ill.
Goods and Merchandize,
Merchant Strangers may come into this Realm, and depart at their Pleaſure, 5. R. II c. .
and they are to be friendly entertained : and Merchants Alien ſhall be uſed in this 5 Henry IV,
Kingdom as Denizens are in others by the Statute.
No Merchant ſhall be impleaded for another's Debt, whereof he is not Deb- 27 Edw. III.
tor, &c. and if a Difference ariſes between the King and any foreign State, c. 17.
Alien Merchants ſhall have forty Days Notice, or longer Time, to ſell
their Ef-
fects and leave the Kingdom.
N. B. The Time for Merchants to withdraw their Effects has been by all Treaty of
late Treaties enlarged to fix Months, during which Term they are to remain
with Spain,
free and unmoleſted as well in Perſon as Goods. But by the found Policy of and other
Great Britain this regulation is rendered uſeleſs, for all foreign Merchants,
even the Natives of the Kingdoms with which we are at War, are ſuffered to
remain with their Effects, and to carry on their Commerce in Time of War as
uſual, ſo long as they conform themſelves in every Reſpect to the Laws of
the Land, and behave as other good Subjects of the King. The French
and the Spaniſh Government on the contrary have made it a Rule, to baniſh
Britiſh Merchants and Traders from their Dominions according to the afore-
mentioned Regulation.
All Merchants may buy Merchandize of the Staple, and any Merchant may 27 Edw. III
.
deal in more Merchandizes than one; he may buy, ſell, and tranſport all Kinds C. 3. and 38.
of Merchandize, excepting by later Acts, Wool, &c.
Merchant Strangers are to find Sureties, that they ſhall not carry out the 18 Edw. II.
Merchandize which they bring into England.
And when they bring any Merchandize into the Realm, and ſell the ſame 4 Hen. IV.
for Money, they are to beſtow it upon other Merchandizes of England, calien. iv.
without exporting any Gold or Silver in Coin, Plate, &c. on Pain of For- c.9.
feiture.
The above Law is altered, permitting Gold or Silver Bullion, or any foreign AA for Trade
Coin, or Jewels to be exported.
The ſame extends as well to Denizens as Strangers, and in Strictneſs of Law 8 Henry VI.
they ought not to receive any Gold in Payment. But now Payment may be c: 24,
made in any of the current Coins of this Kingdom.
And the Reaſons of theſe Laws were to keep the Gold and Silver within the 1 Ric. III. c.
Realm, and at the ſame Time increaſe our Manufactures by encouraging their 9.
Exportation abroad.
Foreign Merchants are to ſell their Merchandize at the Port where they land
in Groſs, and not by Retail.
But Goods imported in Britiſh built Ships, being the Property of Foreigners, 29 Geo. II.
ſhall pay Alien's Duty.
Alien's Duty taken off upon all the native Commodities (Coals only excepted) c.6.
.and Manufactures of England exported by Foreigners.
And Merchandize is to be laden, and unladen, at certain Ports, and in the 1 Eliz. c. 11,
Day-time under Penalties.
It ſhall be lawful for Merchants to tranſport Iron, Armour, Piſtols, Muſkets, Stat. 12 Car.
Saddles, Swords, Bridles, &c.
Merchants, &c. corrupting or adulterating Wine, or ſelling the ſame adul- Sect. 1. C.34.
terated, are liable to Penalties,
On Importation of Tobacco, Merchants have an Allowance of Eight per 12 Ann. c. 8.
Cent. &c.
All Merchants Strangers, that ſhall be made Denizens, either by the King's
Letters Patents, or by Act of Parliament, muſt pay for their Merchandize, like c:8.
Cuſtom and Subſidy as they ought, or ſhould pay before they were made Deni- 1 Eliz. cap.
The Wares, Merchandizes, Debts, or Duties that Merchants have as Joint- 31 E. III. 7.
Traders or Partners, ſhall not to go to the Survivor, but ſhall go to the Execu- Coke on Lit-


15 Car. II.
c. 7.
3
Hen. VII.
e. 8.
C. 34. 9. 20.
25 Car. II.
II. C. 4.
1 W. and M.
II Hen. VII
Co. 2. Inſt.
zens.
fol. 742.
tor
, fol.182
2 Levinz. 108.
IVern. 217.
OF MERCH A N T S.
2 Rolls Abr.
702, 703
ught his Action as
Bullt. 134.
Yel. 135, I.
Caſe.
tot of him that is deceaſed * ; and the Executor may join in an Action with the
ſurviving Merchant.
In Copartnerſhips between Merchants it is not neceffary to provide againſt
Survivorſhip.
If two Joint-Merchants occupy their Stock, Goods, and Merchandize in com-
mon, to their common Profit, one of them naming himſelf a Merchant, ſhall
have an Account againſt the other, naming him a Merchant, and ſhall charge
him as Receptor *Denariorum, &c, that is, as Receiver of the Money of bim B,
from whatever Cauſe and Contract it ſhall redound to the common Profit of them A
and B, as may be made appear by Lex Mercatoria, 10 H. VII. 16. a.
Lord Ray-
So where there are two Joint Merchants, and one of them dies, the other
mond, 340. ſhall have Account againſt their Factor, without the joining of the Executor of
the deceaſed.
In an Action upon the Cafe againſt A, the Plantiff declares upon the Cuſtom
between Merchants, &c. that if two Merchants are found in Arrear upon Ac-
count, and they promiſe to pay it at certain Days, that any or either of them
may be charged for the whole ſingly; and then ſhewed the Account, that A
and B were found in Arrears ſo much, &c. and promiſed to pay it at certain
Days, but did not, and the Plaintiff brought his Action againſt A only, and
reſolved that it lay.
my
Yel. 198, 1.
To call a Merchant Alien Bankrupt, is actionable. Tarloot cont. Morriſon.
Debt upon a Bill by a Merchant to pay foreign Coin, amounting to ſo
Brow. 193. much to be paid upon the Feaſt of the Purification called Candlemas-Day.
Pernilon, and Upon non eft factum pleaded, Verdiet for the Plaintiff. Moved in Arreſt of
Judgement, that the Declaration was not good, becauſe Payment at Candlemas
is not known in our Law, yet the Judgment was affirmed, for that amongſt
Merchants ſuch Payment is known to be on the 20th of February, and the
Judges ought to take Notice of it, being uſed among Merchants, for the
Maintenance of Traffick.
No Ship ſhall be obliged to come to any Port of England, nor to abide,
Cap.13. Sect. againſt the Will of the Maſter, or of the Merchants, whoſe the Goods be; and
if ſuch Ships come of their good Will, or be driven by Misfortune to any Port
in England, and the Maſters or Merchants will ſell Part of their Merchan-
dizes, it ſhall be lawful for every Man to buy ſuch Merchandize, albeit the
ſame be not put to Land to ſell; fo that no Merchant or other go to meet
ſuch Ships to foreſtal the Merchandize; fo that the Maſters and Merchants,
after they have fold that which pleaſeth them, and paid the Cuſtom, may
freely depart, and none ſhall diſturb any Ship to come to any Port of England,
but to the Port where the Maſters and Merchants will of their free Will
arrive, nor ſhall meddle with the Sale of the Merchandizes, nor diſturb the
Merchants ; and if any ſet Diſturbance, he ſhall incur a grievous Forfeiture
to the King. Confirmed by 20 Rich. II. c. 4.
Indebitatus Aſſumpſit for 1oool. for Monies had and received, and alſo an
Infimul Computaſſet, upon Account, the 1000l. became due; the Defendant
pleaded the Statute of Limitations; the Plaintiff replied, that he is “a Mer-
chant, and the Proviſo, and Exception for Merchants Accounts. By Twif-
den, Rainsford, and Moreton, abſente Kelyng, ſtated Accounts between Mer-
chants as this Caſe is, are not within the Provifo, but only Accounts current,
Webber cont. Tyrell
. 1 Levinz. 287: 2 Keeble 622. 2 Sand. 124. where Judge-
ment for Defendant; yet the Caſe of Martin and Delboe, i Levinz. 298,
to the contrary upon an Account ſtated between Merchants ; yet the fame
Caſe, i Mod. 70. Judgment for defendant, 2 Keeble 674. 1 Vent. 89. and
1 Ibid. 465. See likewiſe the Caſe of Farrington and Lee, 1 Mod. 268. and
2 Mod. 311.
Stat, 3 Geo. I.
The Inhabitants of the Iſlands of Jerſey and Guernſey may import into
Great-Britain Goods of their own Growth and Manufacture Cuſtom-free.
No
* Sed quære, for it hath been ſince held, that the Executor and Survivor cannot join, for the Remedy ſurvives,
though the Duty doth not; and therefore on Recovery he muſt be accountable to the Executor for that. Martin v.
Crump. Salk. 414.
1 Co. Litt. 172. lib. Incrat. 17, 18, 19. F. N. B. 117. D,

23 Edw III.
2
OF MERCHANT S.
41
2 Geo. I.
c. 28.
35
Eliz. c.11.
4:
No Wine, Brandy, Tobacco, Eaſt-India Goods, &c. ſhall be brought
from the Iſle of Man into Great-Britain or Ireland, on Pain of Forfeiture,
&c.
A Woman that uſeth a Trade in London without her Huſband, is charge- Privil.Londini
able without him, as a Feme ſole Merchant, ſhe ſhall.plead as fole, and if
condemned, may be put in Priſon till ſhe pay the Debt, alſo the Bail for her
are liable if the abſent herſelf, and the Huſband ſhall not be charged.
It ſhall not be lawful without Licence from the King to import by Way 1 Jac. II. c.8.
of Merchandize, Gunpowder, Arms, Ammunition, or Utenſils of War, séct. 2.
on Pain to forfeit the fame; and the Importers, or they in whoſe Cuſtody
ſuch Gunpowder, &c. ſhall be found, ſhall forfeit treble the Value thereof.
All Perſons who ſhall tranſport Beer beyond the Seas for Merchandize
ſhall, if a ſtranger before tranſporting, if a Subject born, then within sec. 2.
four Months after, bring into this Realm, for every ſix Tons of Beer two
hundred of Clapboards, fit for to make uſe of, in Length three Feet and two
Inches, or elſe the ſame Caſk again, or ſo much other good Caſks; or if the
Tranſporting be into Ireland, then to bring ſo much Shaffold Board, as the
Clapboard amounteth to.
No Stranger ſhall tranſport beyond the Seas any Pilchards, or other Fiſh in Se&. 3.
Calks, unleſs the ſame Perſon have brought into this Realm, for every ſix
Tons of Fiſh, according to the Rate aforeſaid of Clapboard or Calk, upon
Pain of Forfeiture of the Beer, Pilchards, and Cafk.
It ſhall not be lawful to tranſport Wine Caſks out of this Realm with Seat.
Beer or Beer-eager, nor any Wine Caſks fhaken, except for the Victualling
of any Ship, or of her Majeſty's Garriſons and Forces, upon Forfeiture of
forty Shillings for every Ton or Caſk.
Foreign Merchants ſhall not tranſport any kind of Wares or Proviſions in 5. Eliz.
Ships of which they are Owners or part Owners, or of which the Ship- so 50
Maſter is an Alien, from one Port or Creek of the Realm to another Port
or Creek of the Realm, on Forfeiture of the Goods ſo Laden,
This Act ſhall not extend to the Tranſportation of Herrings in Calks.
Continued indefinitely by 3 Car. I. c. 4, and 16. Car. I. c. 4.
The Juſtices of Ireland ſhall not arreſt Ships or Goods, but Merchants Ordin. pro.
may carry their Merchandize forth of Ireland to England or Wales; and if Star Hibern.
any Juſtice do the contrary, he (hall ſatisfy double Damages, and be griev-
ouſly puniſhed by the King,
Merchants may come into Ireland with their Merchandize, and from Idem.
thence freely return with their Merchandize and Victuals, ſaving to the King 34 Edw. III.
his ancient Cuſtoms and other Duties.
When the Prices of Corn, Wincheſter Meaſure, do not exceed the Rates 15. Car. II.
following, viz. the Quarter of Wheat 48s. of Barley or Malt 285. of Buck C. 7. Sect. 2.
Wheat 28s. of Oats 13s. 4d. of Rye 32s. of Peaſe or Beans 32s. it ſhall be
lawful for all Perſons to tranſport the ſaid Corn to any Parts beyond the Sea
as Merchandize.
When the Prices of the faid Corns do not exceed the Rates above-men- Idem.
tioned, at the Place where they ſhall be imported, there ſhall be paid for
Cuſtom of every Quarter of Wheat 55. and 4d. of Rye 45. of Barley or Malt
25. 8d. of Buck Wheat 25. of Oats is. 4d. and for Peaſe or Beans 45.
It ſhall be lawful for every perſon, Native or Foreigner, at any Time to 22 Car. II.
tranſport as Merchandize all sorts of Corn, although the Prices exceed cap.13.Sec.1.
the Rates in 15 Car. II. cap. 7. and when the Prices of Corn, at the Places
where the ſame ſhall be imported, exceed not the Rates following, there ſhall
be paid for Cuſtom theſe Rates, viz. for every Quarter of Wheat, when the
ſame ſhall not exceed 535. 4d. 16s. when the ſame ſhall exceed 535. 4d. and
not exceed 41. there ſhall be paid 8s. For every Quarter of Rye, when the
farne doth not exceed 40s. i6s. For every Quarter of Barley, Malt, or
Buck Wheat, when the ſame doth not exceed 325. 16s. For every Quarter
of Oats, when the ſame doth not exceed 16s. 55. 4d. For every Quarter of
Peaſe and Beans, when the ſame doth not exceed 405. 165. each Quarter to
contain eight Buſhels, and each Buſhel eight Gallons.
M
When

Sect. 5.
17
cap 3.
cap. 17.
pate aboven
Secr.
3.
42
OF ME Ř CHANT S.
Idem.
Sect. 2.
1
Geo. I. Cap. 7.
i Will. and
1 Will. and
18.
When the Prices of Corn ſhall not exceed the Rates aforeſaid, there thall
be paid the Duties payable before the making of this Act.
Continued by 2 Will. and Mar. Stat. 1. Cap. 4. Sect 3. I Ann. Seet 1.
Cap. 13. Sect. 2. and 9 Ann. Cap. 6. Sect. 2. and made perpetual by
3
When Malt or Barley ſhall be at 245. per Quarter, Rye at 325. per Quarter
Mar. Stats 1 and Wheat at 48s. per Quarter, or under, in any Port of this Kingdom,
.
every Perſon who ſhall put on board in Engliſh Shipping (the Maſter and
two-thirds of his Mariners being Engliſh Subjects) any Sorts of the Corn
aforeſaid, with Intent to export the fame, ſuch Perſon ſhall bring a Certifi-
cate under his Hand, containing the Quantity and Quality of Corn ſo ſhipped,
to the Collectors of the Cuſtoms, and upon Proof of ſuch Certificate, by
one Perſon upon Oath, and upon Bond given of 200l. for every hundred
Tons of Corn ſhipped, that the ſaid Corn (Dangers of the Seas excepted)
Thall be exported beyond Sea, and not again landed in England, Wales,
Guernſey, Jerſey, or Berwick; every Merchant ſo ſhipping, &c. Ihall receive
from the Collectors for every Quarter of Barley or Malt 2s. 6d. for Rye
35. 6d. for Wheat ground or unground 55. without any Fee: And upon
Certificate returned under the common Seal of the Magiſtrate of any Place
beyond Sea, or under the Hands and Seals of two known Engliſh Merchants
upon the Place, that ſuch Corn was there landed, or upon Proof that ſuch
Corn was taken by Enemies, or periſhed upon the Seas, the Bond fhall be
delivered up without Fee.
When Malt or Barley of Engliſh Growth ſhall be at 245. the Quarter
Mar. Stat. 1. or under, Rye at 325. Wheat at 48s. in Berwick; every perſon who ſhall
Cap.24. Sect.
put in Engliſh Shipping (the Maſter and two-thirds of his Mariners being
their Majeſty's Subjects) any of the Corn aforeſaid, from the Port of Berwick,
to export the ſaid Corn, and ſhall purſue the Method preſcribed by 1 Will.
and Mar. Cap. 12. ſhall have the Benefit of the ſaid Aēt.
The Bounty not to be allowed for Corn exported to the Iſle of Man, and
the Iſle of Man is to be included in the Bond given upon the Exportation of
ſuch Corn.
In the Year 1757, a very great Scarcity of Corn happened all over Europe,
and large Exports
having been made the preceding Year from Great Britain,
the Poor ſuffered greatly from the Dearneſs of this firſt Neceſſary of Life;
for Remedy thereof ſundry Acts of Parliament were made which continued
in Force till the Year 1759, when Plenty was again reſtored. In the Month
of June 1757, Wheat was at the enormous Price of 31. 125. per Quarter,
and all other Grain in Proportion. An Act was then made to prohibit for a
limited Time, the Exportation of Corn, Malt, Meal, Flour, Bread, Bif-
cuit, and Starch. Alſo an Act to diſcontinue the Duties on the Importation
of Corn and Flour ; and to permit the Importation in neutral Ships. But
in the Year 1780, the Abundance of Corn was ſo great, that an Act was
paſſed; to allow the Importation in Foreign Ships belonging to any Nation
20 Geo. III. in amity with Great Britain. Alſo half the Bounty allowed on exportation
in Britiſh Bottoms.
The Subſidy and all other Duties payable upon Exportation of Wheat,
Rye, Barley, Malt, Beans, Peaſe, and other Corn, ground or unground,
20. Sect. 4:
Bread, Biſcuit, and Meal, ſhall ceaſe.
If the Collector of the Cuſtoms have not ſufficient in his Hands to ſatis-
Will.III Cap. fy ſuch Money as ſhall be due to any Exporter of Corn, by i Will. and Mar.
10. Sect. 93. Stat 1. Cap. i 2. ſuch Collector ſhall give the Perſon demanding ſuch Money,
without Fee, a Certificate of what is due to ſuch Perſon for the Corn exported
from ſuch Port, certifying to the Commiſſioners,that he hath not Money ſuffici-
ent; which Certificate being affixed to the Debenture for the Corn,and produced,
the Commiſſioners are required to cauſe the Monies to be paid in three Months
by the General Receiver, out of Monies ariſing out of ſuch Duties in the
Port of London, as are chargeable with the ſame.
5 Anz. Cap.
For all Oatmeal and Grain, called Beer or Bigg, which ſhall be exported
29 Sect. io. from England, Wales, or Berwick, there ſhall be the like Premium given
upon


5. Geo. III.
C. 30.

c. 30.
II and
12
Will. III. c.
12 and
13
OF MERCH AN TS.
43

or perihed upon to cart
Sect. 50
upon Exportation, as is to be given by the Articles of Union, upon Expor.
tation of Oatmeal and Beer from Scotland; the Merchant bringing a Certifi-
cate under his Hand, containing the Quantity of ſuch Oatmeal or Beer, to the
Collector of the Cuſtoms, and making Proof of ſuch Certificate by one Per-
ſon upon Oath, and giving Bond in 10l
. for every Ton of Oatmeal, and for
every forty Buſhels of Beer, that the ſame ſhall be exported beyond Sea, and
not re-landed; which Premium the Merchant ſhall receive of ſuch Collector,
and upon Certificate returned under the common Seal of the chief Magiſtrate,
in any Place beyond Sea, or under the Hands and Seals of two known Engliſh
Merchants upon the Place, that fuch Oatmeal or Beer was there landed, or
upon Proof that the ſame was taken by Enemies, or periſhed upon the Seas,
the Bond ſhall be delivered up without Fee.
Every Perſon exporting Malt, made of Wheat, ſhall receive of the Collec-
tors of the Cuſtoms, &c. five Shillings for every Quarter ground or un-
ground.
The Officers of the Cuſtoms ſhall admeaſure all Corn whereon there is 2 Geo. II. C.
an Allowance payable for Exportation, and ſuch Admeaſurement ſhall be made. 18. Sect. 4.
by a Meaſure containing four Wincheſter Bulhels; and if ſuch Corn fhall be
brought to be thipped in Sacks, the Officers are to make Choice of two
of theſe Sacks, out of any Number not exceeding twenty, before the ſame
ſhall be put on board, and thereby compute the Quantity intended to be
ſhipped, and, according to ſuch Computation, the Allowance ſhall be paid
to the Exporter, upon his producing a Certificate from the Officers of the
Cuſtoms, atteſting the Quantity and Quality of the Çorn ſhipped for Ex-
portation.
The like Regulations fhall be extended to the aſcertaining the Prices and Ditto.
Quantity of Beer or Bigg, Oatmeal and Wheat Malt intended for Exporta-
tion. Provided, that nothing in this Act ſhall alter the preſent Practice of
ſhipping Corn from the Port of London ; but the ſame may be meaſured by
ſworn Meters, by whoſe Certificate the Searchers or other Officers of the
Cuſtoms are to certify the Quantity of Corn Thipped for Exportation, as
hath been practiſed.
It ſhall be lawful for the Juſtices of Peace, for the ſeveral Counties within 5 Geo. II. c.
England, Wales, and Berwick, wherein foreign Corn ſhall be imported, at iz. Sect. s.
their Quarter Seſſions, to give in Charge to the Grand Jury, to make Pre-
ſentment of the Market Prices of middling Engliſh Corn of the Sorts men-
tioned in an Act 22 Car. II. Cap. 13.
Regiſters were appointed to be kept of the Prices at which Corn is ſold 10 Geo. II.
in the ſeveral Counties of Great Britain, and of the Quantity exported and C. 39.
imported. The Juſtices at the Quarter Seſſions to order weekly Returns
to be made throughout the Year, of the Prices of Wheat, Rye, Barley,
Oats, Beans, and Bigg; from not leſs than two, or more than fix Market
Towns in each County, and to appoint a Perſon to receive the ſaid Returns.
Meal-Weighers in London to make a weekly Return of the average Prices. The
Perſons making the Returns to be paid out of the County Rates.
The Returns
to be tranſmitted to the Treaſury, where a Perſon is to be appointed to receive
them, and to publiſh them, or Abſtracts from them Weekly in the London
Gazette. Commiſſioners of the Treaſury to keep an Account of the Quantities
of Cornexported and imported, and of the Duties and Bounties paid thereon.
This has proved a very falutary Act for aſcertaining the true Price of Corn
throughout the Kingdom, and for judging of the Plenty or Scarcity,
No Warrant, Cocket, &c. ſhall be granted for carrying to Sea, from any Geo. Il.C. 188
Port within England, Wales, and Berwick, to any other Port of the ſame, any
foreign Corn after Importation thereof; and no Perfon ſhall tranſport any fo-
reign Corn, or foreign Corn mixed with Engliſh,, under Penalty, that all ſuch
Corn that ſhall be tranſported or laden contrary to this Act ſhall be forfeited,
and every Offender ſhall forfeit 2os. for every Buſhel of ſuch Corn, and the
Ship upon which ſuch Corn ſhall be laden, ſhall be forfeited; and the Maſter
and Mariners of ſuch Ship wherein ſuch Offence Ihall be committed, knowing
fuch Offence, and aſſiſting thereunto, ſhall be impriſoned three Months.
If


Sect. 5.
4
44
OF MERCHANT S.

11 Geo. Il. c.
Sect. 2.
&c. upon Conviction, he ſhall be ſent to Gaol or Houfe of Correction, and be
If any Goods of any Merchant born Denizen ſhall be taken by Enemies or
If any Perſon beat, wound, or uſe any Violence to hinder one from buying
23. Sect. 1. Corn, and ſhall ſtop or ſeize on any Carriage loaden with Wheat, Flour, &c.
and deſtroy the ſame, or ſhall take away, or hurt any of the Horſes or Drivers,
kept to hard Labour, not exceeding three Months, nor for leſs than one, and
ſhall be once publickly whipped at the Market-Place on a Market-Day.
If any Perſon after Conviction ſhall commit any of the Offences a ſecond
Time, or ſhall pull down or deſtroy any Storehouſe, or Place where Corn ſhall
be kept to be exported, or ſhall enter on board any Ship, and from either of
theſe Depoſitaries carry away or deſtroy any Corn, Meal, &c. ſuch Offenders
ſhall be adjudged guilty of Felony, and ſhall be tranſported for ſeven Years. »
The Inhabitants of every Hundred in England wherein ſuch Offence ſhall
be committed ſhall make Satisfaction for all Damages ſuſtained not exceeding
jool.
Batistations
Provided that no Perſons be enabled to recover Damages by this Act, unleſs
they by themſelves or their Servants, within two Days after Damage done ſhall
give Notice of ſuch Offence to one of the Conſtables of the Hundred or to the
Headborough, &c. of the Town, &c. in or near which ſuch Fact ſhall be com-
mitted, and ſhall within ten Days after ſuch Notice give in their, or their Ser-
vants Examinations upon Oath, before any Juſtice of Peace where ſuch Fact
ſhall be committed.
Where any Offence ſhall be committed againſt this Act, and any one of the
Offenders ſhall be apprehended and convicted within twelve Months after the
Offence, no Hundred ſhall be liable to make Satisfaction.
No Perſon ſhall be enabled hereby to ſue or bring any Action againſt any
Hundred till after the Expiration of one Year, nor unleſs the Parties ſuſtaining
fuch Damage ſhall commence their Action within two Years after the Offence.
Secr. 5.
to recover son bultained not exceeding
Sect, 6.

Sect. 7.
Sect. 8.
12 Car. II.
Cap. 4.
Sect. 5.
Sect. 10.
Sect. Pirates upon the Sea, or periſh in any Ship that ſhall be taken or periſhed,
whereof the Duties ſhall be paid or agreed for, and that duly proved before the
Treaſury or Chief Baron of the Exchequer, by the Examination of the Mer-
chants, or by two Witneſſes, or other reaſonable Proof; the ſame Merchants may
newly ſhip in the ſame Port where the Goods were cuſtomed ſo much other
Goods as the Goods loft ſhall amount unto in Cuſtom, without paying any
Thing, fo as the Proof be recorded and allowed in the Exchequer, and cer-
tified to the Collectors of the Port; and every Merchant Denizen, who ſhall
ſhip Goods in any Carrack or Galley, Thall pay all Cuſtoms and Subſidies as an
Alien born.
Provided that it ſhall be lawful to all Subjects to tranſport in Ships, and
other Veſſels of Subjects, all Herrings and other Sea-Fiſh to be taken by Sub-
jects out of any Port, to any Place out of his Majeſty's Dominions without
paying Cuſtom.
It ſhall be lawful for any perſon to tranſport by Way of Merchandizea ny of
theſe Goods following, viz. Iron, Armour, Bandoleers, Bridle-Bits, Hal-
bert-Heads, and Sharps, Holſters, Muſkets, Carbines, Fowling-Pieces,
Piſtols, Pike-Heads, Sword and Rapier-Blades, Saddles, Snafflers, Stirrops,
Calf-Skins dreſſed, or undreſſed, Geldings, Oxen, Sheep-Skins dreſſed with-
out the Wool, and all Manufactures made of Leather, paying the Rates ap-
pointed by this Act.
It ſhall be lawful for any Perſon to tranſport by Way of Merchandize Gun-
powder, when the fame doth not exceed the Price of 5l. per Barrel : But this
conſtantly was prohibited by Proclamation in Times of War; together with
Arms, Ammunition, and warlike Stores, unleſs ſpecial Licence is granted for
exporting them to particular Countries in Alliance with Great Britain.
Merchants or their Agents, or any other Perſons, inticing or ſeducing Britiſ
Manufacturers, 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 500l. and one Year’s Impriſonment; and for the ſecond Offence 10001.
and two Years Impriſonment. Alſo Perſons exporting the Tools and Utenſils
made
Sect. 12,
OF FACTORS,
;
45

made uſe of in the woollen and ſilk Manufactures, forfeit the ſaid Tools and
are to pay a fine of 2001. Maſters of Ships receiving ſuch Utenſils on board ſubject
to a Penalty of 100l. Cuſtom-Houſe Officers figning Cockets for exporting
them to forfeit 100l. and loſe their Employments.
And having now quoted the Laws in Force immediately concerning Mer-
chants who cannot always act without their Subſtitutes and Dependents, the
Tranſition is natural from the former to the latter; and I ſhall therefore pro-
ceed to treat of them in Order.
Of Falors, Supercargoes, and Agents.
A
S theſe are all Perſons acting by Deputation for Account of the Princi-
pals who employ them, to whoſe Orders they are obliged to conform, on
a curſory View it ſhould ſeem that they mean one and the fame Thing. But
in the preſent mercantile Syſtem they differ materially with Reſpect to the Ex-
tent of their Powers, and the Nature of their Employments. It will therefore be
neceſſary to treat of them ſeparately.
FACTORS are Perſons appointed by written Commiſſions from private Mer-
chants or commercial Companies to refide in foreign countries, to tranfact the
Buſineſs of ſelling the Commodities exported by their Principals and conſigned
to them, to purchaſe other Merchandize in the Countries where they reſide, to
be ſent home to their Principals; and to negociate Bills of Exchange and Remit-
tances . in Money, for the Sale, or Purchaſe of ſuch Merchandize, or the
Balance of Accounts. There are likewiſe Factors concerned in the domeſtic
Trade of a Country, and in that which is carried on between different Parts
of the Dominions of the fame Sovereign. Theſe uſually reſide at the Capital
of the Kingdom, or in ſome great maritime City. Thus, we have Iriſh and
Scotch Linen Factors in London, Liverpool, Briſtol, &c. Alſo Blackwell-Hall,
or Woollen Factors, Cheeſe Factors, and a Number of other Perſons, falſely
paſſing under the Denomination of Merchants, whoſe Employment is to ſell
upon Commiſſion for the Great Manufacturers, their Principals, the various
Product of their Manufactories. All theſe Factors are ſubject to Stipulations,
Rules, and Regulations peculiar to the Branch of Buſineſs in which they are
engaged, which are expreſſed in the Commiſſions, Letters or other written
Contracts between them and their Principals, and they differ fo materially, thit
no general Laws can be adapted to them all, for every Conteſt between a Factor
and his Principal muſt be determined by the ſpecial Conditions of the Contract
between them. For this Reaſon, we can only ſtate the general Qualifications of
Factors, and ſome Law-Precedents upon Caſes that have been decided in the
Courts of Law.
A Factor differs from a Servant in this, the Servant receives Wages, and if
he commits a Fault only incurs Diſpleaſure, he is likewiſe confined to act only
for his Maſter. A Factor may tranfact Buſineſs for ſeveral Principals, he acts
under Contract, receives a Conſideration of ſo much per cent on the Invoice or
Value of the Commodities he buys or ſells, which is called Commiſion or Fac-
torage, and is reſponſible in all Reſpects to his Principal : He ought therefore to
keep ſtrictly to the Tenor of his Orders as a Deviation from them, even in the
moſt minute Particular, expoſes him to make ample Satisfaction for any Loſs
that may accrue from his Non-obſervance of them, and it is very reaſonable it
ſhould be ſo, as the Diſtance of his Situation renders him unable to judge of
his Principal's Views and Intentions; therefore he ſhould ſubmit implicitly to
them, though always exerting his beft Endeavours for the Merchant's Intereſt,
as his Gain is certain, whilſt his Employer's is precarious.
When uniimited Orders are given to Factors, and they are left to ſell or buy
on the beſt Conditions they can, whatever Detriment occurs to their Conſti-
tuents, they have their Excuſe in their Hands, as it is to be preſumed they
acted for the beſt, and were governed by the Dictates of Prudence.
A Factor is barely a Truſtee for his Principal; therefore, if this latter, hav- 2 Vern. 117.
ing Goods in the other's Hands, owes him Money by fimple Contract, and to be taken
N


ز
then Vern. 638
46
OF FACTORS,

Barton and
Saddocks.
103
Yelv. 202.
101.
Salk. 126.
then dies indebted by Specialty, more than his Aflets are worth, the Factor
cannot retain the Goods.
7 Fac. B. R. If a Factor receives only a bare Commiſſion to ſell and diſpoſe, it will not
Rot. 416. enable him to truſt; for, in the due Execution of his Authority, he ought on
a Sale to receive quid pro quo; and, on the Delivery of the one, to receive the
Bulft
. 1. part other ;, for, otherwiſe, by that Means, as they may truſt fix Months, they
may truſt fixteen Years, nor by Virtue of any Claufe in their Orders that leaves
2 Mod. 100, them at Liberty to act as they think beſt, or of doing as if the Affair was their
own, may they truſt an unreaſonable Time, as ten or twenty Years, inſtead of
one, two or three Months, ſuppoſing this the accuſtomary Time of Credit for
the like Commodities : and ſo it was adjudged, where one had remitted Jewels
to his Factor in Barbary, who diſpoſed of the fame to Mulleſhack the Emperor,
for a Sam certain, to be paid at a Time, which being elapſed, the Factor not
obtaining it, was forced to make the ſame good to his Principal.
Again, one and the fame Factor may, and generally does, aet for ſeveral
Merchants, who muſt run the joint Riſk of his Actions, though they are mere
Strangers to one another; as if five Merchants ſhall remit to one Factor five
diſtinct Bales of Goods, and the Factor makes a joint Sale of them to one Man,
who is to pay one Moiety down, and the other at fix Months End; if the
Buyer breaks before the ſecond Payment, each Man muſt bear a proportional
Share of the Loſs, and be contented to accept of their Dividend of the Money
advanced.
But if ſuch a Factor draws a Bill of Exchange upon all thoſe five Merchants,
and one of them accepts the ſame, the others ſhall not be obliged to make good
the Payment. Tamen quære de hoc.
And as the Authority and Truſt repoſed in Factors is very great, fo ought they
to be provident in their Actions for the Benefit of their Principals ; and there-
Heath. verf. fore, if Factors ſhall give Time to a Man for payment of Monies contracted on
Turner Vinch. Sales of their Principal's Goods, and after the Time is elapſed they ſhall ſell
Goods of their own to ſuch Perſons for ready Caſh (leaving their Principal's
unreceived) and then ſuch Men break and become inſolvent, the Factors, in
Equity and Honeſty, ought to make good the Loſſes; for they ought not to
diſpenſe with the Non-payment of their Principal's Monies, after they become
due, and procure Payment of their own to another Man's Loſs, though, by
the Laws of England, they cannot be compelled.
Leviſon verf.
If Goods are remitted to a Factor, and upon Arrival he ſhall make a falſe
Kirke Trin.7. Entry at the Cuſtom-houſe, or land them without entering, whereby they ſhall
Jac. in B. R. incur the Seizure or Forfeiture, whatſoever the Principal is endamaged, he
Lane's Rep.
65.
muſt inevitably make good, nor will ſuch general Clauſe help him, as above ;
but, if a Factor makes his Entry, according to Invoice, or his Letters of Advice,
and it happens that theſe are erroneous, if the Goods are then loft, the Factor
is diſcharged.
If a Factor ſells Goods either by themſelves or among others, without ad-
viſing his Principal, and afterwards deals with the Perſon to whom he fold
them, in other Accounts, if the Perſon becomes inſolvent, the Factor ſhall
be anſwerable to his Principal, whom he did not adviſe in Time of the Sale
of his Goods; it ſhall be deemed the fame as if he had ſold them contrary to
Orders.
If a Factor, by Error of Account wrongs his Employers, he is to make
Good not only the Principal, but Intereſt for the Time, if the Error is to the
Factor's own wrong, his Principal is to anſwer it in like Manner.
And as Fidelity, Diligence, and Honeſty, are expected from the Factor, ſo
the Law requires the like from his Employer, judging the Act of the one to be
the Act of the other; and, therefore, if a Merchant Thall conſign counterfeit
Jewels to his Factor, who ſells and diſpoſes of them for valuable Confiderations,
as if they were right ; if the Factor receives any Loſs or Prejudice thereby, by
Impriſonment or other Puniſhment, the Merchant ſhall not only make good the
Damage to the Factor, but alſo render Satisfaction to the Party damnified:
And to it was adjudged, where one How was poſſeſſed of three counterfeit Jew-
els, and having Factors in Barbary, and knowing one Southern, a Merchant,
24, 25
sodes it fall
berada
was

SUPERCARGO ES, AND A GENTS.
47
126, 127
!
was reſident on the Place, conſigns thoſe Jewels to his Factor, who receiving
them, intreated Southern to ſell them for him, telling him that they were good
Jewels ; whereupon Southern, not knowing they were counterfeit, ſold them
to the King in whoſe Dominions he reſided, for eight hundred- Pounds (they
being worth really but one hundred Pounds) and delivered the Money to the
Factor who remitted the fame to How : The King, not long after, finding
himſelf cheated, committed Southern to Priſon, till he repaid the eight hun-
dred Pounds. Whereupon Southern coming to England, brought his Action
againſt How, and had Judgement to recover his Damage ; for the Principal 2 Rolls, 5 2.
fall anſwer for his Factor in all Caſes, where he is privy to the Act or Wrong : Cro. 463.
And ſo it is in Contracts, if a Factor ſhall buy Goods on the Account of his
Principal (eſpecially if he has uſed fo to do) the Contract of the Factor will Popham 143,
oblige the Principal to a Performance of the Bargain.
When Factors have obtained a Profit for their Principal, they muſt be cau-
tious how they diſpoſe of it, for if they act without Commiſſion or Order,
they become reſponſible. Goods remitted to Factors ought in Honeſty to be
carefully preſerved, as the Truſt repoſed in them is great; and therefore a
Factor robbed, in an Account brought againſt him by his Principal, the fame
Shall diſcharge him *. And ſo it is, if a Factor buys Goods for his Principal,
which afterwards happened to be damnified, the Principal muſt bear the Mis-
fortune; but, if a Factor ſhall diſpoſe of the Goods of his Principal, and take
Money that is falſe, he ſhall make good the Loſs; yet, if he receives Monies,
and afterwards the fame is by Edict or Proclamation leſſened in Value, the Mer-
chant, and not the Factor, muſt there bear the Loſs. hus, there
The Factor muſt likewiſe be careful in Regard to Letters of Credit, obſerving
nicely whether they are for a Time limited, or to ſuch a Value, or not exceeding
ſuch a Sum, or general, as he may otherwiſe bring himſelf into conſiderable
Loſſes.
If a Merchant remits Goods to his Factor, and about a Month, after draws a
Bill on him, the Factor, having Effects in his Hands, accepts the Bill, then the Equity may
Principal breaks againſt whom a Commiſſion of Bankrupt is awarded, and the morelieve in
Goods in the Factor's Hands are ſeized; it has been conceived, the Factor muſt
anſwer the Bill notwithſtanding, and come in a Creditor for ſo much as he was
inforced by reaſon of his Acceptance to pay.
A Factor, who enters into a Charterparty with a Maſter for Freightment,
is obliged by the Contract, but if he loads aboard generally; the Goods,
the Principals, and the Lading are made liable for the Freightment, and not the
Factor.
The Factor, having Money in his Hands appertaining to his Principal, re-
ceives Orders from him, to make Inſurance on Ships and Goods, as ſoon as he
has loaded, which, if he has neglected to perform, and the Ship miſcarries
he ſhall (by the Cuſtom of Merchants) be obliged to make good the Damage;
and, in Caſe of Loſs, he ought not to make a Compoſition without Orders from
his Principal.
One Joint-Factor may account without his Companion by the Law of Mer- Goore and ale
chants; for Factors are often time diſperſed, ſo as they cannot be both preſent cont. Dawbe.
at their Accounts.
ny 2 Leon. 75.
76.
A Merchant delivered Goods to be ſold in Spain, and the Factor ſells them to in Capp's and
one who becomes a Bankrupt: We judge here that he ſhall be diſcharged.
In Account it was held Per Curiam, that if a Man delivers Money to his Repts. 497
Bailiff or Factor to lay out for him in Commodities, he cannot bring an Af- · Vent. 113.
fumpſit, but only an Account; for it may ſo happen, that the Factor hath laid
out more Money than he hath received,
A Factor ſhould always be punctual in the Advices of his Tranſactions, in
Sales, Purchaſes, Affreightments, and more eſpecially in Draughts by Ex-
change ; for if he ſells Goods on Truſt without giving Advice thereof, and the
Buyer breaks, he is liable to Trouble for his Neglect; and if he draws with-
out adviſing his having ſo done, he may juſtly expect to have his Bill returned
proteſted, to his no ſmall Detriment and Diſcredit.
If
Quere, if
1
Tucker's Cafe
2 Rolls's
mais not the factor
* Southcote's Cafe. Çck. Lib. 4. Fol. 84.
$8
OF FACTORS,

113.
Ditto.
Ditto.
of Merchant's wit
If a Factor deviates from the Orders he receives in the Execution of a Com-
miſſion for purchaſing Goods, either in Price, Quality or Kind, or if after they
are bought, he ſends them to a different Place from that he was directed to,
they muſt remain for his own Account, except the Merchant; on Advice of
his Proceedings, admits them according to his firſt Intention.
Lex.Merc. p.
A Factor that ſells a Commodity under the Price he is ordered, ſhall be
obliged to make good the Difference; and, if he purchaſes Goods for another
at a Price limited, and afterwards they riſe, and he fraudulently takes them for
his own Account, and ſends them to another Part, in order to ſecure an Ad-
vantage that ſeemingly offers, he will (on Proof thereof) be obliged, by the
Cuſtom of Merchants, to ſatisfy his Principal for Damages.
If a Factor, in Conformity with a Merchant's Orders, buys with his Money
or his Credit, a Commodity he ſhall be directed to purchaſe, and, without
giving Advice of the Tranſaction, ſells it again to Profit, and appropriates to
himſelf the Advantage, the Merchant ſhall recover it from him, and beſides
have him amerced for his Fraud.
If a Merchant orders his Factor, to ſhip him a Sum, in the current Coin of
a Kingdom, when Exportation is prohibited, and the Money is feized in en-
deavouring to get it aboard, the Loſs is for the Merchant's Account, and not
the Factor's.
If a Factor pays Money of a Merchant's without his Orders, it is at his own
Peril; and if he lends his Caſh, without his Leave (though he propoſes the
Intereſt shall be the Merchant's) and any Lofs happens before his Principal's
Determination about it be known, it ſhall remain to the Factor.
SUPERCARGOES are Perſons employed by commercial Companies, or pri-
vate Merchants to take Charge of the Cargoes they export to foreign Coun-
tries, to fell them there to the beſt Advantage, and to purchaſe proper Com-
modities to relade the Ships on their Return home. For this reaſon, Super-
cargoes generally go out and return home with the Ships on board of which
they were embarked, and therein differ from Factors who reſide abroad, at the
Settlements of the public Companies for whom they Act. The Eaſt India
Company only ſend out Supercargoes to Places where they have no Factories,
and ſometimes the chief Supercargo remains at the Place of a Ship’s Deſtinations
for a Time, waiting the Arrival or Return of other Ships and acting as Factor
for the Company.
AGENTS are Perſons employed in the different Departments of Commerce,
the Law, the Army, and the Navy.
COMMERCIAL AGENTS are frequently appointed to ſettle Accounts, and
diſpoſe of the Effects of Merchants and other Perſons dying or failing in foreign
Countries or at home; their Commiſſion terminates with the particular Bu-
fineſs for which they were appointed ; and they generally give Security for
the Truſt repoſed in them. Agents are likewiſe appointed by Colonies, and
particular Diſtricts of Colonies, to tranſact the public commercial Concerns
of the Places from which they are deputed with the Officers under the Govern-
ment of the Mother Country to which they belong. It is their duty to preſerve
the commercial Rights and Franchiſes of their Principals, to preſent Petitions
againſt any Meaſures that are about to be taken detrimental to their Intereſt,
and regularly to correſpond with them upon theſe Subjects, and alſo to conſult
and advice with the Merchants, Planters, and others intereſted in the Wel-
fare of the ſaid Colonies, and reſiding in the mother Country. Such were the
Agents for Carolina, Virginia, and the other Colonies of North-America, before
the Revolt of thoſe Colonies. And ſuch at preſent are the Agents for our Weſt-
India Illands and other Settlements abroad, their public Buſineſs lies chiefly with
the Board of Trade and Plantations, and the Secretary of Sate for the Colonies.
Of the Law AGENTS little notice need be taken in this Work, eſpecially
as it is a limited Term, and moſtly confined to ſuch Attornies and Sollicitors
as are appointed to manage Appeals to the Houſe of Lords, from Decrees of the
inferior Courts of Judicature of Great Britain and Ireland. It is their Bu-
ſineſs to preſent the Petitions for Appeals to be heard, to produce and attend
the Witneſſes to be ſworn, and to retain the Counſel.
5
ARMY

OF SHIPS, OWNERS, &c.
49
Army and Navy Agents receive the Pay, Wages, Penſions, and frequently
the Prize Money of the Officers of the Army and Navy, their Wives, Widows,
and Children, and keep Caſh Accounts for them, nearly in the fame Manner
as Bankers for Merchants. They likewiſe paſs the Commiſſions of Officers
through the proper Offices. All this Buſinels they tranſact in Virtue of Letters
of Attorney from their Principals, and Wills. When they have Caih in Hand,
Officers may draw upon their Agents, from any Part of the Globe, where they
ſhall happen to be ſtationed ; and for Men of approved Character and Credit
Agents will frequently advance Money by Anticipation upon their Wages,
Pay, &c. having full Powers to reimburſe themſelves from their accruing
Effects.
Of Ships, Owners Captains, and Sailors.

Not. 1.
HE great Advantages that ariſe from Trade to a Nation, have been fully
proved by the Introductory Diſcourſe, and, as I have therein given a De-
duction of it from the earlieſt Times, the ſeparate Hiſtory of Navigation would
be here ſuperfluous, as this and Commerce are ſo blended; or more properly only
diſtinct Parts of the ſame Thing, that having ſpoke ſo largely of the one, I have
little Room, and leſs Need, to expatiate much on the other in an hiſtorical
Way: However, if any Gentleman inclines to a ſeparate Account of them, he
will find his Taſte fully gratified, and Expectation anſwered, on reading the
Hiſtory of Navigation, (ſuppoſed to be wrote by the celebrated Mr. Locke)
prefixed to, Churchill's Collection of Voyages and Travels; but to omit it as in-
conſiſtent
with my intended Conciſeneſs; I ſhall proceed to particularize the
integral Parts of maritime Affairs; and, as a Ship is a principal one in them,
and indeed without which no Commerce could be carried on, I ſhall begin with
this wonderful Piece of Art:
The Name (Navis) is derived from the Effect, that is (à navigando) failing, Franc. Roca
and the Uſe of it is certainly both neceſſary and profitable to every common-cus de Nav.
wealth capable of employing it.
Nau. & Afes.
Who was the firſt Architect of theſe floating Fabricks has been hitherto con-
teſted, and therefore, in all Probability, will now never be known; however,
(rejecting the fabulous Stories of Dedalus, Janus, &c.) it is natural to ſuppoſe
Noah's Ark inſpired the Idea, and that it ſerved as a Pattern to be improved by
the firſt Navigators, though, as there was no Occaſion for ſuch, till about three
Centuries after the Confuſion at the Tower of Babel had diſperſed its Builders,
Yo we may reaſonably conjecture that Occurrence to have been the Epocha from
which Navigation took its Beginning; as Providence chaſtiſed their audacious
Attempt to ſcale Heaven, by diſperſing the Offenders over the Face of all the
Earth, and conſequently in their Peregrinations they muſt have found it ne-
ceſſary to invent ſome sort of Veſſels for their Conveyance croſs thoſe great Ri-
vers, which undoubtedly ſometimes impeded their Progreſs, by lying in the
Way of their Journey: How they managed in their maritime Affairs, when they
reached the Sea, Hiſtory leaves us in the Dark; but Neceſſity would certainly
inſpire them with ſome Means of (at leaſt) ſupplying themſelves with its
Products; and it is natural to believe, they went on improving the firſt
Invention, as they had Occaſion to diſcover its Defects, till by ſucceſſive ones,
and Nations, it was brought to the Perfection in which we now ſee and
admire it.
The Phænicians, who are the ſame the Scripture calls the Philiſtines or Car
naanites, as is largely proved by Bochart and others, are generally allowed to have
been the firſt and ableft Mariners we read of; yet the Commerce of thoſe early
Ages did not require Veſſels of ſuch Strength and Compactneſs as latter Times
have, to reſiſt the Storms and Tempeſts they are now expoſed to, by launching
out into the main Ocean, and engaging in long and hazardous Voyages unknown,
and conſequently, unattempted by Infant-Navigation. For though theſe
People were bold and daring enough to engage in ſeveral long Voyages, as to
Ophir, &c. in which they muſt croſs many ſpacious Gulphs and Bays, to avoid
o
ines or can
50
OF SHIPS, OWNERS,

expending a vaſt Space of Time in coaſting round them, yet it is hardly credible
they ever ventured to croſs that immenſe Body of Waters, that lie between
Europe and America, as ſome ſuppoſe, and the Reflection on their doing what
they did without the Aſſiſtance of the Compaſs (then andiſcovered) I muſt
confefs is to me a Matter of no ſmall Surprize; for, though a learned Author
fuppoſes them to have conducted their Navigation by the Sun's Courſe in the
Day, and by that of the Stars in their nocturnal Sailing, and only ventured to
Sea during Summer, yet when one conſiders, that theſe Guides muſt be fré-
quently loſt to them by cloudy Weather, even in that Seafon, not only for a
little while, but often for Days together, and confequently their knowledge of
them (let it have been as great as the ſaid Author conjectures) by this inter-
vening Occurrence rendered unſerviceable, we muſt allow them to have been
daring Adventurers, in combating the Frowns and Ruffles of a lowring Sky,
which muſt frequently have been too boiſterous for their little Skill and ſlight-
built Veſſels, to reſiſt or evade, and to riſk the imminent Dangers they expoſed
themſelves to on that fickle Element, by their engaging in thoſe Voyages,
which might then be juſtly counted long and dangerous.
The Greeks, who were their Scholars in this Science, greatly improved it,
and gave their Maſters ſeveral ſignal Overthrows in their naval Encounters, as
at the famous Battle of Salamis, &c. and though the Romans ſucceeded the Greeks
in their Profeſſion of this Art, and undoubtedly their Practiſe muſt lead them to
the Diſcovery of its Defects, and, conſequently, to that of its Improvement,
yet they and ſeveral ſucceeding Ages ſtill laboured in the Dark, till Providence,
about the Year 1300, diſcovered the Loadſtone's Virtue, and by this Means
diſſipated the Miſts of Gueſs-Work, and rendered Navigation more clear and
certain: It is to this happy Diſcovery we owe that of new Worlds, and the
great Improvement of maritime Affairs, ſince brought to ſuch Perfection.
The Fabrick of Ships has been various, as Occaſions have required, and In-
vention could dictate to make them anſwer the Intent, which Variety continues
to this very Day, not only between Nations, but even in the ſame Country,
ſome being built for War, ſome for failing, and others with the lucrative View
of ſtowing well, and each has a Name properly adapted, as Gallies, Frigates,
&c. and the Increaſe of theſe, and Improvement of Navigation, has always ſo
much merited the Attention of Legiſlators from the earlieſt Times, as to have
occaſioned many excellent Laws being made for theſe Purpoſes in different Coun-
tries. Of the Britiſh Laws, the moſt celebrated, which has been admired for its
ſound Policy throughout Europe, is the A& paſſed in the 12th Year of the
Reign of Charles II. A. D. 1660. entitled, an A&t for the encouraging and
increahng of Shipping and Navigation: uſually called the Navigation A&. It
is of the utmoſt Importance for all Perſons concerned in Commerce to be well
acquainted with this Act, for whatever Alterations it may undergo, or what-
ever. Infringements may be made upon it by Rebellion, or any other temporary
or local Cauſes, the Principles of it muſt be as permanent as the maritime
Power of Great Britain, the Maintenance of the latter, depending upon the
former, for which reaſon it is here given in Abſtract.
Act of Navi-
It is enacted, that after the iſt of December, 1660, no Goods or Commo-
gation, dities whatſoever ſhall be imported into, or exported out of, any of the Engliſh
Colonies (or that thould afterwards become ſo) in Aſia, Africa, or America,
but on Veſſels which do truly belong to the People of England, Ireland,
Wales, or Berwick upon Tweed, and navigated with a Maſter, and Three-fourths
of Englif Sailors, under the Penalty of forfeiting Ship and Cargo.
2. No Perſon born out of the Allegiance of his Majeſty, who is not natural-
ized or made a free Denizen, ſhall, after the iſt of February, 1661, act as a
Merchant or Factor in any of the ſaid Places, upon Pain of loſing all his Goods
and Chattels, and of theſe Clauſes the Governors are obliged by Oath to take
Cognizance and Care.
3. No Goods or Commodities whatever, of the Growth or Manufacture of
Africa, Afa, and America, ſhall be imported into England, Ireland, Wales,
Illands of Guernſey and Jerſey, or Town of Berwick upon Tweed, in any other
Ships

5
CAPTAINS, AND SAILORS.
51

no vath
Ships but thoſe belonging to the ſaid Places, or to the Plantations, and navi-
gated in the Manner aforeſaid, under Penalty of forfeiting Ship and Cargo.
4. No Goods or Commodities of a foreign Growth or Manufacture ſhall be
brought into England, Ireland, Wales, the Iſlands of Guernſey and Jerſey, or
Town of Berwick upon Tweed, in Ships appertaining to his Majeſty's Subjects,
but from the Places of their Manufactures and Growths.
5. That all Sorts of Ling, Stockfiſh, Pilchards, Cod, and Herring, or any
other kind of dryed or falted Fiſh, uſually caught by the People of England,
Ireland, Wales, or Town of Berwick upon Tweed, or any Fiſh-Oil, or Blubber,
Whale-Fins, or Whale-Bones, not imported by Ships belonging to the ſaid
Places, ſhall pay double Aliens Duties.
6. Henceforth it ſhall not be lawful for any Veſſel, in which any Stranger
(not denizened or naturalized) is an Owner, or that is not navigated by an
Engliſh Maſter, and Three-fourths Engliſh Sailors, to load or carry any Sorts
of Goods or Commodities from any Port or Creek of England, Ireland,
Wales, Iſlands of Guernſey or Jerſey, or Town of Berwick upon Tweed, to
another Port or Creek, or any of them, under Penalty of forfeiting Ship and
Cargo.
7. That where any Eaſe, Abatement, or Privilege is given in the Book of
Rates, to Goods or Commodities imported or exported in Engliſh built Shipping,
it ſhall extend only to ſuch as are navigated with a Maſter and Three-fourths of
the Sailors Engliſh, and, where it is required that they ſhall be ſo, the true In-
tent and Meaning is, that they be ſuch during the whole Voyage, unleſs in
Caſe of Sickneſs, Death, or being taken Priſoners, to be proved by the Oath
of the Maſter, or other chief Officer.
8. No Goods or Commodities of the Growth or Manufacture of Muſcovy, or
any of the Dominions of the Emperor thereof, or any Sorts of Maſts, Timber,
or Boards, foreign Salt, Pitch, Tar, Roſin, Hemp or Flax, Raiſins, Figs,
Prunes, Olive Oils, nor any Sort of Corn or Grain, Sugar, Pot-Aſhes,
Wines, Vinegar, or Spirits called Aqua Vita, or Brandy, ſhall after the iſt of
April, 166., be imported into England, Ireland, Wales, or Town of Berwick
upon Tweed, in any Ships but ſuch as belong to the People thereof, and naviga-
ted as before-mentioned ; and that no Currants, nor any other Commodities,
of the Growth or Manufacture of any part of the Turkiſh Empire, ſhall, after
the iſt of September, 1661, be imported into any of the abovefaid Places, in any
but an Engliſh built Ship, and navigated as aforeſaid, except only in ſuch
foreign Ships as are the Built of that Country or Place, of which the Goods are
the Growth or Manufacture, or of ſuch Port where the ſaid Goods can only bę,
or moſt uſually are, firſt ſhipped for Tranſportation, and whereof the Maſter
and Three-fourths of the Mariners, at leaſt, are of the ſaid Country or Place,
under Penalty of loſing Ship and Goods.
9. And, to prevent the great Frauds daily uſed in colouring and concealing
Aliens Goods, all Wines of the Growth of France or Germany, which, after
the 20th of Oxtober 1660, ſhall be imported into any of the Ports or Places
aforeſaid, in any other Ships than thoſe belonging to them, and navigated with
the Mariners thereof, ſhall be deemed Aliens Goods, and pay Cuſtoms accord-
ingly: And all Sorts of Maſts, Timber, or Boards, as alſo all foreign Salts,
Pitch, Tar, Roſin, Hemp, Flax, Raiſins, Figs, Prunes, Olive Oils, all Sorts
of Corn or Grain, Sugar, Pot Aſhes, Spirits, commonly called Brandy, or
Aqua Vita, Wines of the Growth of Spain, the Canaries, Portugal, Madeira,
or Weſtern Iſlands; and all the Goods of the Growth or Manufacture of Muf-
covy or Ruſſia, which, after the 1ſt of April, 1661, ſhall be imported into any
of the aforeſaid Places, in any other than ſuch Shipping, and ſo navigated ; and
all Currants and Turkey Commodities, which, after the iſt of September,
1661, ſhall be imported into any of the aforeſaid Places, in any other than En-
gliſh built Shipping, and navigated as aforeſaid, ſhall be deemed Aliens Goods,
and pay accordingly.
10. And, for the Prevention of all Frauds in buying of foreign Ships, it is
enacted, that from the iſt of April 1661, no foreign-built Ship whatſoever
shall be deemed an Engliſh Ship, or enjoy the Privilege of one, until ſuch

Time
52
OF SHIPS OWNERS,
Time that he or they, claiming the faid Ship, fhall make appear by the chief
Officer of the Cuſtoms, in the Port next to the Place of his or their Abode,
that he or they are not Aliens, and ſhall have taken an Oath (which the Of-
ficer is hereby authoriſed to adminiſter) that ſuch Ship was by him or them
bought for a valuable Conſideration, expreſſing the Sum, as alſo the Time,
Place, and Perſons from whom it was bought, and who are his Part Owners;
if he has any; all which Part Owners ſhall be liable to take the ſaid Oath before
the chief Officer of the Cuſtom-houſe of the Port next to the Place of their
Abode; and that no Foreigner, directly or indirectly, hath any Share or In-
tereſt therein ; and upon ſuch Oath, he or they ſhall receive a Certificate under
the Hand and Seal of the ſaid chief Officer, that the faid Ship may in future be
deemed as a Ship belonging to that Port, and enjoy the Privilege of ſuch a
Ship, and the Officers ſhall keep a Regiſter of all ſuch Certificates as they ſhall
give, and return a Duplicate thereof to the chief Officers of the Cuſtoms at
London, for ſuch as ſhall be granted in England, Wales, and Berwick, and to
the chief Officers of the Cuſtoms at Dublin, for ſuch as ſhall be given in Ireland
together with the Names of the Perſons from whom ſuch Ship was bought, and
the Sum of Money which was paid for her, as alſo the Names of all ſuch who
are Part Owners of her, if any ſuch be.
11. It is likewiſe enacted, that ifany Officer of the Cuſtoms, ſhall, after the
ſaid iſt of April
, allow the Privilege of an Engliſh built Ship to any foreign
built one, until ſuch Certificate be produced, or Oath taken, and until Ex-
amination be made whether the Maſter and Three-fourths of the Sailors be En-
gliſh, or ſhall allow the Privileges given by this Act to any foreign built Ship
bringing in the Commodities of the Growth of the Country where it was built
until Examination and Proof, whether it be a Ship of the Built of that Coun-
try, and that the Maſter and
Three-fourths of the Mariners are of that Country;
or if any Governor of any of the Plantations ſhall ſuffer any foreign built Ship
to load or unload any Commodities or Goods within the Precincts of their Go-
vernment, until ſuch Certificates ſhall be produced to them, or thoſe appointed
by them, and Examination is made whether the Maſter and Three-fourths of
the Mariners be Engliſh; ſuch Officer of the Cuſtoms, or ſuch Governors ſhall
be diſplaced for their firſt Offence.
12. It is however provided, that this Act, nor any thing herein contained,
extend not, or be meant to reſtrain and prohibit the Importation of any of the
Commodities of the Streights or Levant Seas, loaden in Engliſh built Shipping,
and whereof the Maſter and Three-fourths of the Mariners be Engliſh, from
the uſual Ports or Places for lading of them heretofore, within the ſaid Streights
or Levant Seas, though the ſaid Commodities be not of the Growth of the
ſaid Places.
13. Provided alſo, that this Act, or any Thing therein contained extend not
to reſtrain the importing of any Eaſt-India Commodities, loaden in Engliſh built
Shipping, and whereof the Maſter and Three-fourths of the Mariners are En-
gliſh, from the uſual Places for lading of them in any part of thoſe Seas to the
Southward and Eaſtward of Capo bona Speranza, although the ſaid Ports be not
the very Places of their Growth.
14. And it is likewiſe provided, that it ſhall be lawful for any of the People
of England, Ireland, Wales, Illands of Guernſey or Jerſey, or Berwick upon Tweed,
in their Ships, navigated with a Maſter and Three-fourths Engliſh Sailors, to
bring in from any of the Ports of Spain, Portugal, the Azores, Madeira, or
Canary Iſlands, all Sorts of Goods or Commodities of the Growth or Manu-
facture of either of them.
15.
Provided always, that this Act extend not to Bullion, nor yet to any
Goods taken by Way of Repriſal by any Engliſh Ship, navigated as before-men-
tioned, and with his Majeſty's Commiſſion.
16. Nothing in this Act ſhall extend to lay Aliens Duties upon any Corn of
the Growth of Scotland, or any Salt made there, or any Fiſh caught and cured
by the People of that Kingdom, and imported directly from thence in Scotch
built Vefſels, and failed with a Maſter and Three-fourths of the Mariners of
his Majeſty's Subjects, nor to any Seal Oil of Ruffia, imported from thence into
3
England,

CAPTAINS, AND SAILORS.
53
from the Officers of any Cuſtom-houſe in England, &c. that ſuch Bonds have
England, Ireland, Wales, or Berwick upon Tweed, in Shipping thereunto be-
longing, and navigated as aforeſaid.
17. And it is hereby enacted, that every Veſſel belonging to any Subject of
the French King, which after the 20th of October, 1660, Thall come into any
Port, Creek, @c. of England, Ireland, Wales, or Berwick upon Tweed, and
ſhall there lade or unlade any Goods or Commodities, or take in, or ſet on Shore,
any Paſſengers, ſhall pay to the Collector of his Majeſty's Cuſtoms in ſuch
Port, &c. for every Ton of the Ship’s Burthen, to be computed by the Officer
thereunto appointed, the Sum of five Shillings, of current Money of England;
and that no ſuch Ship be ſuffered to depart out of ſuch Port, &c. until the ſaid
Duty be fully paid ; and that this Duty ſhall continue to be collected for ſuch
Time, as a certain Duty, fifty Sols per Ton, lately impoſed by the French
King, or any Part thereof, ſhall continue to be collected upon the Shipping of
England lading in France, and three Months after, and no longer.
18. And it is farther enacted, that after the iſt of April, 1661, no Sugars,
Tobacco, Cotton, Wool, Indigo, Ginger, Fuſtick, or other dying Wood, of
the Growth or Manufacture of any Engliſh Plantations in America, Afa, or
Africa, ſhall be carried from any of the ſaid Engliſh Plantations to any Place
whatſoever, other than to ſuch other Engliſh Plantations as do belong to his
Majeſty or to the Kingdom of England, Ireland, Wales, or Berwick upon Tweed,
there to be laid on Shore, under the Penalty of forfeiting Ship and Goods.
19. And for every Ship, which after the 25th of December, 1660, ſhall ſet
out from England, Ireland, Wales, or Berwick upon Tweed, for any Engliſh
Plantation in America, Afa, or Africa, ſufficient Bond ſhall be given, with one
Surety to the chief Officers of the Cuſtom-houſe of ſuch Port from whence the
ſaid Ship ſhall fail, to the Value of one Thouſand Pounds, if the ſaid Ship be
of leſs Burthen than one Hundred Tons, and of two Thouſand Pounds, if the
Ship ſhall be of greater Burthen ; that in Caſe the ſaid Ship ſhall load any of
the ſaid Commodities at any of the ſaid Engliſh Plantations, that the fame
Commodities ſhall be brought by the ſaid Ship to ſome Port of England, Ire-
land, Wales, or to the Port of Berwick upon Tweed, and ſhall there put on ſhore
the ſame, the Danger of the Seas only excepted : And for all Ships coming
from any
other Port or Place to any of the aforeſaid Plantations, which by this
Act are permitted to trade there, that the Governor of ſuch Engliſh Plantations
ſhall, before the ſaid Ship be permitted to load any of the ſaid Commodities,
take Bond in the Manner and to the Value aforeſaid, for each reſpective Ship,
that ſuch Ship ſhall carry all the aforeſaid Goods that ſhall be laden on board to
ſome other of his Majeſty's Engliſh Plantations, or to England, Ireland, Wales,
or Berwick upon Tweed: And that every Ship which ſhall load any of the afore-
ſaid Goods, until ſuch Bond be given to the Governor, or Certificate produced



been there duly given, ihall be forfeited ; and the ſaid Governors Thall twice
in every Year, after the iſt of January, 1660, return true Copies of all ſuch
Bonds to the chief Officer of the Cuſtoms in London.
In treating of Maritime Affairs, the owners of Ships are the firſt who natu-
rally challenge our Regard, and they become ſuch either by building or purcha-
ſing their Veſſels, and this either in Partnerſhip or alone ; and if the former,
and the Property is diſtributed among ſeveral, the major Part of them may let
the Ship out to Freight againſt the Conſent, though not without the Privity
of the Minor.
Thirty ſeven Part Owners of a Ship would ſend her a Voyage, but two or Blacketagainf
three of the other Part-Owners would not conſent. Upon which the Admi- Anſby: Ray-
ralty took Stipulation in Nature of a Recognizance of the Thirty ſeven for Se-mond
Trinity Term
curity for the ſafe bringing back of the Ship. The Ship being loſt, the two or Will. III.
three Part-Owners, who oppoſed the Voyage, libelled upon this Stipulation
againſt the Thirty ſeven, upon which they moved for a Prohibition, but it was
denied; for per curiam, though by the Law of England two or three Part-
Owners may hinder the others from ſending the Ship a Voyage without their
Confent, yet the Law of the Admiralty is otherwiſe; for there, for the En-
P
couragement
235.
9
64
OF SHIPS, OWNERS,
Inft. 199
Graves a
29, I Keeble
couragement of Navigation, the Court of Admiralty will permit the Ship to
make the Voyage, upon Security given to bring her back fafe; for it is reaſona
able that the others ſhould have ſome Security for their Ship. Then, if the
Ship be loſt, it is at the Peril of the Adventurers, and they ſhall be ſuable upon
their Stipulation by the others in the Admiralty; for now it is not doubted
but the Admiralty may take Stipulation.
An Owner letting his Ship to another for a Voyage, for a certain Sum, and
agreeing that the Perſon hiring the Veſſel ſhall have the Benefit of the Freight
of Goods, is not thereby diſcharged froin Reſponſibility for the Lofs of Goods,
as was adjudged in the Caſe of Pariſh againſt Crawford. Crawford the ſole
Owner had let his Ship to Fletcher; Pariſh ſhipped a Number of Moidores and
had Bills of lading from Fletcher, Part of the Money was not delivered accord-
ing to the Conſignment. And Judgment was given againſt Crawford. Hill.
Term 19 Geo. II. Strange's Reports, 1251.
In caſe a Ship be taken away from the Owners, or they be otherwiſe difpof-
ſeſſed, it is provided, both by the Common and Maritime Laws of this Realm,
that they maintain an Action of Trover and Converſion for an Eighth, Six-
teenth, or any other Part or Share of the ſame; and in Action on the Caſe, the
Plaintiff declared, that he was Owner of the Sixteenth Part of a Ship, and the
Defendant Owner of another Sixteenth Part of the fame Ship, and that the De-
fendant fradulently and deceitfully carried the ſaid Ship ad Loca tranſmarina
(into a foreign Part) and diſpoſed of her to his own Uſe, by which the Plaintiff
loſt his fixteenth Part to his Damage: On not guilty pleaded, and Verdict for
the Plaintiff, it was moved in Arreſt of Judgement, that the Action did not lie
for, though it be found deceptive. Yet this did not help it, if the Action did
Lit. S.323.1
. not lie on the Subject Matter and here they are Tenants in common of the Ship,
and by Littleton, between Tenants in common there is not any Remedy, and
Sawcer, Ray. there cannot beany Fraud between them, becauſe the Law ſuppoſes a Truft and
15, 1 Levinz. Confidence betwixt them, and upon theſe Reaſons Judgement was given
quod Querens nil capiat per Billam.
Bennington Owners are not bound to continue their Paction or Partnerſhip longer than
Bennington
they pleaſe, for though by the Law Marine it was required, that a new built
Ship ſhould make one Voyage upon the common Riſk, before the Owners ſhould
Molloy de Jur. be allowed to ſeparate, yet by the Law of England any Owner may ſell or trans-
Mar. Page fer his Right at what Time he pleaſes.
But if any one obſtinately refuſes his Conſent to a Voyage, the Law. will force
him either to hold or ſell his Share? But if he will ſet no Price, the reſt may fit
the Ship out at their own Coſt and Charges, and whatſoever Freight ſhe earns
ſhall be ſolely theirs, and no Part thereof be given to the diffenting Owner,
but if the Ship ſhould miſcarry, or be caſt away, the reſt muſt make him
Satisfaction for the Part he held.
But, on the contrary, if the greateſt Part of the Owners refuſe to fit out the
Veſſel, they ſhall not be compelled, on Account of their Majority, but in this
Caſe, the Ship ſhall be valued and ſold, and the like where Part of the Owners
become deficient and unable to fit her out.
Owners of Ships are liable for the Actions of the Maſters they employ, there-
fore it behoves them carefully to conſult as well the Honeſty as Ability of him
they intend to commit the Care of their Intereſts to, as the Charge both of the
Veſſel and its Lading reſts on him; and the Owners are obliged, both by the
common Laws of England and the Law-Marine, to make Satisfaction for all
Damages that ſhall accrue through the Maſter's Neglect, and were formerly
obliged to make good the Contents of a Bill of Loading ſigned by the Maſter,
provided he abſconded, though the ſaid Bill of Loading might be iniquitouſly
obtained; as I remember to have occurred with a Merchant, who had a ship of
his own from Liſbon, and was arreſted (I think) in fifteen Actions for Money
his Maſter had ſigned Bills of Loading for, and had run away with, and which
he might have continued coining, and firmed new Bills every Day to the utter
Ruin of his Owner, though never fo wealthy, had not the Act 7 Geo. II. Cap.
15. Sect. 1. prevented ſuch fraudulent Proceedings, by limiting the Owners
Loſe


38. 3:
adver.
322. S.
3•

CAPTAINS, AND SAILORS.
55
, Keca
Loſs to Ship and Freight, ſo that he now knows the Extent of what Damage
a roguiſh Maſter can do him, which was before unaſcertained and endleſs.
On the other Hand, if the Maſter commits Offences, either negligently or Stanley
,
wilfully, he ſhall be reſponſible to his Owners for the Reparation of Damages ble 447.
and they are not bound to ſue jointly, but may do it ſeparately, both according
to the common and marine Law; as alſo in Caſe the Ship hath by Freight got
ſomething clear to divide, and the Maſter hath paid ſome of the Owners their
Parts, the Reſt may bring their Action for their Shares without joining with the
others. But the Owners muſt be reſponſible to the Freighters, as in the follow-
ing Cafe.
The Defendant and ſeven other Perſons were Proprietors of a Ship, which
uſually carried Goods on Freight between Topfham and London, and the Plaintiff
loaded Goods upon her at the latter, to be carried to the former Port; but the
Defendant not careful of his Duty, had ſo careleſsly ſtowed the ſaid Goods that
though the Ship arrived fafe at Topham, yet the Goods were all ſpoiled. And
upon Non Culp. pleaded, the Jury found a ſpecial Verdiet, viz. that the De-
fendant, and ſeven other Perſons were Proprietors and Part Owners of the Ship;
that the Ship had a Maſter Locat in her by the Part-Owners, who had Sixty
Pounds Wages for every Voyage between Topham and London, that the Goods
were delivered to the Maſter, none of the Part Owners being preſent, and that
there was not any Contract made with them, or any of them by the Plaintiff,
that the Ship arrived ſafe at Toppham, but the Goods were ſpoiled. Et ſi pro
Quer', pro Quer' fi non pro Def.
And two Points were made :
iſt. If the Proprietors are chargeable, no Contract being made with them,
and there being a Maſter that is chargeable in Reſpect of his Wages, according
to the Caſe of Morſe and Slue, yet per Holt, c. I. clearly, that though the
Maſter be chargeable in Reſpect of his Wages, ſo are the Proprietors in Reſpect
of their Freight, that they receive for the Carriage of their Goods at the Elec-
tion of the Plaintiff.
2dly. If the Action lay againſt the Defendant alone, it appearing that there
are other Part-Owners, not made Defendants; and held that the Action did
not lie againſt him ſole, but ought to have been againſt all the Part-Owners ;
for all the Part-Owners are chargeable in Reſpect of the Profit they make by
Carriage of the Goods, and that in Point of Contract, upon their Under-
taking, be it implied or expreſs, and are not chargeable as Treſpaſſers, for then
one might be chargeable alone, but in Point of Contract, upon their Receipt
of the Goods to be carried for Hire. Judgement pro Def. as by 3 Mod 321.
Bofon con. Sand. 3. Levinz. 258. where it is with a Cur. Adverfare, mes le Rea
porter ut audivit Judgm. pro Defen.
If a Ship be broken up, or taken in Pieces with an intent to convert the Molloy dejura
fame to other Uſes, and afterwards on Change of Mind the be rebuilt with the Mar. P: 224.
fame Materials, ſhe is now another, and not the fame Ship, eſpecially if the
Keel be ript up, or changed, and the whole Ship be all once taken aſunder and
rebuilt, there determines the Partnerſhip, quoad the Ship ; but if a Ship be rip-
ped up in Parts, and taken aſunder in Parts, and repaired in Parts, yet ſhe re-
mains ſtill the ſame Veſſel, and not another ; nay, though ſhe hath been fo
often repaired that there remains not one Stick of the original Fabrick.
If a Man repairs his Ship with Plank or other Materials not his own, but Ditto, Page
appertaining to another, yet the Property is not hereby altered, but the ship ditto, S. 7.
maintains and keeps her firſt Owners. Though if a Man take Plank and Ma-
terials prepared for the Uſe of Shipping, and belonging to another, the Proper-
ty of the Veſſel follows the owner of the Materials, and not the Builder ; but
if a Man cut down the Trees, of another, or takes Timber or Planks prepared
for the erecting or repairing of a Dwelling-Houſe, nay though ſome of them
were for Shipping, and builds a Ship, the Property follows not the Owners
but the Builders.
If a Ship is under repair in a Dock belonging to the Shipwright who is or-
dered by the Owner to repair her, and a Fire happens, not through the Negli-
gence of the Shipwright but by Accident, and deſtroys the Ship before the Repairs
4



the
Sect. 6.
are
3

56
OF SHIPS, OWNERS,
Gamham
a-
Sect. 8.
530.
fol. 530.
i Peer Will.
are completed; the Shipwright ſhall be paid his Charges for the Repairs. As
was adjudged by the Court of King's Bench in the Caſe of Minetons againſt
Athaws. 13. Burrow's Reports, 1592. Michaelmas Term, 5 Geo. III.
The Repairer of a Ship has his Election to ſue the Maſter who employs him,
gainit Bennet.
Strange 561 or the Owners, but if he undertakes it on a ſpecial Promiſe from either, the
13 Geo. I. other is diſcharged.
Molloydejur. The Words which were uſually made Uſe of formerly in the Sale of Ships,
Mar. P.224. viz. the Tackle, Furniture, Apparel, and all other her Inſtruments thereunto
belonging, and not convey the Ship’s Boat, which, if unexpreffed in the Sale,
Rolls Abridg;
remained ſtill in the Owners, as ſhe does, if a Ship is forfeited for committing
Piracy.
Linter's Cafe. Though Ballaſt is generally uſed in Shipping, where a Veffel goes out empty,
Leon. 46, 47. or filled with light Goods, yet it is not eſteeemed any Part of her Furniture ; and
ſo it was adjudged in Debt on Bond; of which the Condition was, that whereas
the Plaintiff had bought of the Defendant a Ship, if the Plaintiff ſhall enjoy
the ſaid Ship with all the Furniture belonging to the fame, without being dif-
turbed for the Ship, or any Furniture appertaining to it, that then, &c. and
the Caſe was, after the Sale of the Ship, a Stranger ſued the Plaintiff for certain
Monies due for Ballaſt bought by the Defendant for the fame Ship, in which
Suit he obtained Sentence, upon which the Ship was ſeized : The Queſtion was
whether Ballaſt be Furnitute for a Ship or not, and it was refolved in the Nega-
tive; for although it may ſometimes be as neceſſary as Sails, yet it is not al-
ways fo, as Ships frequently ſail without it, more eſpecially when a heavy Load-
ing anſwers the Purpoſe by ſupplying its Place.
Bingley's Caſe If a Ship commits a Piracy, and is thereby become forfeited, but before Sei-
Rolls Abridg zure the be bona Fide ſold, the Property ſhall not be queſtioned, nor the Owners
diveſted of the ſame.
And if a Mortgagee of Ships, by Deed, entruſts the Mortgager with the ori-
393, 394. ginal Bill of Sale; and the Mortgager indorſes thereon ſubſequent Mortgages,
or Bills of Sale of ſeveral Parts of the Ship, the firſt Mortagee acquieſces, he ſhall
be poftponed.
Upon an Information tam quam, grounded upon the Act of Navigation for im-
porting Goods in a foreign Veſſel contrary to that Act, the Queſtion was, whe-
ther or not, if a foreign Ship naturalized by the New Act, being a Prize taken
in the late War with Holland, be afterwards fold to a Foreigner, who ſells her
again to an Engliſhman, whether or no the Oath muſt be taken again, according
to the Ac; per Cur. it need not, becauſe the Ship was once lawfully naturali-
zed. Hardres, 511. Martin A. Verdne. Molloy de Jure Mar. Page 227, 228.
Ditt, Page An Ăgent for the Eaſt-India Company (in the Eaſt-Indies ) bought a Ship
and Cargo of the Commander, who had no Right or Power to ſell either, and
· Peer Will. the Owner on a Suit here had the Value decreed him for Ship and Cargo (the
Value being found by a Jury) and Indian Intereſt, viz. 12 ቀ per
Cent.
If a Man gets Poſſeſſion of a Ship without a juſt Title to the ſame, he ſhall
(by the Law Marine) anſwer ſuch Damage as the Ship in all Probability might
Dig. Lib. 6: have earned; and the Reaſon of that is, becauſe the only End of Shipping is the
Lib.7. tit.1. Employment thereof; but if a Warrant be directed out of the Admiralty to the
Marſhal to arreſt ſuch a Ship, and Salvo Cuſtodire (preſerve her in Safety) who
by Force of the ſame enters into the Ship; and though the Warrant does not
v. mention that the Officer ſhould carry away her Sails, yet he may juſtify the
Jockley taking them, for that he cannot Salvo Cuftodire her, unleſs he takes away the
Sails.
Dig. lib. 19.
In Caſe a Ship is freighted out, and in Conſequence of the Agreement receives
tit. 2. 61. her Lading aboard, if an Embargo happens afterwards, and her Cargo is taken
as forfeited, yet the Owners ſhall notwithſtanding receive the Freight, as the
Fault was not in them, but in him whoſe Property the Goods were.
3. Inſt.fol.58.
In the Main Sea, or in an Arm of it, a Ship may not become a Deodand,
though any Body drowned out of it, or otherwiſe come by their Death aboard,
becauſe on ſuch 'Waters Ships are naturallyexpoſed to the Dangers of tempeſtu-
ous Weather ; but a Ship or Veſſel in freſh Water may become a Deodand, as
happened
Sect. 15
227, 228.
226.
395
Ditto, page
dicto.
12 S. I
Creamer
Latch. fol.
880.
I
CAPTAINS, AND SAILORS.
57

II. in B.R.
I Sed. 421.
i Mod. 18.
12 Will. III.
5.
happened with one lying at Rotherhithe, near the Shore, to be careened, where Mich.29Cat.
a Shipwright being at work under at Low-Water, as ſhe leaned aſide, ſhe unex-
pectedly turned over, and unfortunately killed him. Upon a Trial at Bar the
Queſtion was, whether ſhe belonged to the Lord of the Manor contiguous to the
Place where the Man was ſlain, or to the Almoner, as a Matter not granted out
of the Crown; and it was reſolved that the Ship was a Deodand, and the Jury
found a Verdict for the Lord of the Manor.
If a Ship imports prohibited Goods ſhe cannot be ſeized as Forfeit till there is 1 Vent. 47:
a Condemnation in the Exchequer thereon.
If foreign Brandy or Spirits ſhall be imported in any Ship under fifteen Tons 2 Keeb.6.4.
(except for the Uſe of the Seamen, not exceeding one Gallon each) ſuch Brandy,
Horne a Ivye.
&c. ſhall be forfeited.
Cap. 11. S. 1.
If any Maſter, Owner, Purſer, or Boatſwain of any Ship willingly permit any 2 Edw. 6.
Cap. 37. Sect.
Braſs, Copper, Latten, Bell-Metal, Pan-Metal, Gun-Metal, or Shrof-Metal,
whether it be clear or mixed (Tin and Lead excepted) to be ſhipped contrary to
this Act, or perceiving ſuch Metal to be ſhipped, do not diſcloſe the ſame in
three Days after Knowledge had to the Cuſtomer or Comptroller of the Port,
or their Deputies, every ſuch Owner, &c. ſhall forfeit double the Value of the
Metal.
Every Veſſel, with all her Tackle, in which any great Cattle, Sheep, or 20 Car. II.
Swine, or any Beef, Pork, or Bacon (except for the neceſſary Proviſions of the Cap. 7. 8. 50
Ships, in which the ſame ſhall be brought, not expoſing it to Sale) ſhall be
imported, and out of which they ſhall be put on Shore, ſhall be forfeited; and
it ſhall be lawful for any Perſon, within one Year after ſuch Importation, to
ſeize the Veſſel, and make Sale thereof to the beſt Advantage, &c. and it ſhall
be lawful for any Juſtice of Peace of the County, or chief Oficer of the Port
Town, where ſuch Importation ſhall be, or where any of the Cattle, Beef,
&c. ſo imported ſhall be brought, by Warrant to cauſe to be apprehended the
Maſter and Seamen, having Charge of, or belonging to ſuch Veſſel ; and every
other Perſon employed in the landing, or taking Care of the ſaid Cattle, Beef,
&c. and them to commit to the common Gaol for three Months.
Salted Beef, Pork, Bacon, Butter and Cattle, the Laws permitting the 16 Geo. III.
Importation from Ireland into Great Britain Duty-free, are made perpetual.
The Importation of Tallow, Hog's-Lard, and Greaſe, is made Duty-free, 19 Geo. III:
till the 25th March, 1782, from any Place.
It ſhall be lawful for any Perſons who ſhall reſide in her Majeſty's Dominions 6 Ann. Cap.
to import Cochineal in Ships belonging to any State in Amity, Spaniſh Ships, or
ſuch as are deemed Spaniſ Ships, failing with Spaniſh Paſſes and Colours, from
Cadiz, Seville, Port St. Mary, St. Lucar, and Gibraltar, or any other Sorts in
Spain, during the War, &c. the Act 12 Car. II. cap. 18. notwithſtanding.
Made perpetual 12 Ann. Stat. 1. Cap. 18. Sect 3.
No Perſon ſhall buy any rough Hide or Calf-Skin in the Hair, but only ſuch Jacob
. I.
Cap.22. Sect.
as ſhall tan them, except Salt Hides for the Uſe of Ships, &c.
Raw Hides of Steers, Cows, or any other Cattle (except Horſes, Mares, or 14 Geo. III.
Geldings) and Calves Skins or Goat Skins, raw or undreſſed, may be imported,
Duty-free, from Ireland into Great Britain.
No Maſter ſhall loſe his Ship for any ſmall Thing, not cuſtomed, put in the 38 Edw. III.
Ship without his Knowledge.
Cap. 8.
No Cuſtomer or Comptroller ſhall have Ships of their own, nor meddle with 4 Rich. II.
the Freight of Ships.
Cap. 10.
No Ship or Goods ſhall be ſeized as forfeited for unlawful Importation or Ex- 13 and 14
Car. II. Cap.
portation, or for Non-Payment of Cuſtoms, but by the Perſons appointed to ma-
nage the Cuſtoms, or Officers of Cuſtom, or Perſons deputed by Warrant from
the Lord-Treaſurer, or Under-Treaſurer, or by Commiſſion from his Majeſty
under the Great or Privy-Seal, and if any Seizure ſhall be made by any other
Perſon for the Cauſes aforeſaid, ſuch Seizure ſhall be void.
In Caſe the Seizure or Information ſhall be made upon the Act of Navigation, Ditto, Sect.
the Defendants ſhall, on their Requeſt, have a Commiſſion out of Chancery to 29.
examine Witneſſes beyond Sea, and have a competent Time allowed for the
a
Return



c. 8,
C. 22.
33.

7.
c. 86.
II. Sect. 15.
38
OF SHIPS, OWNERS,
8 Ann. Cap.
5 Geo. I.
Return thereof before Trial; and the Examination of Witnefies fo returned
ſhall be Evidence at the Trial.
Ditto, Se&t. Every Perſon who ſhall export Goods from any Port of this Kingdom, capable
of a Ship of two Hundred Tons upon an ordinary full Sea, to any Part of the
Mediterranean, beyond the Port of Malaga, or import Goods from the Places
aforeſaid, in any Ship that hath not two Decks, and do carry leſs than fixteen
Pieces of Ordnance mounted, with two Men for each Gun, and other Ammu-
nition proportionable, fhall pay for all Merchandizes fo exported or imported
One per cent. above the Tonnage and Poundage.
Ditto, Sect. It ſhall be lawful to export Fiſh into any of the Ports of the Mediterranean in
36.
any Engliſh Ship, provided one Moiety of her Lading be Fiſh, and to import
Merchandize in the fame Ship for that Voyage, without paying any other Rates
than accuſtomed.
The Maſter of every Ship, carrying Certificate Goods to Ireland, ſhall take from
13. Sect. 19. the Collector in Great Britain a Duplicate of his Content, under the Hand
and Seal of the Collector and Comptroller (which they are required to deliver
without Fee) and ſuch Maſter ſhall deliver ſuch Duplicate to the Officers of the
Cuſtoms in Ireland before he be permitted to land ſuch Goods:
In Caſe any foreign Goods ihall, by any Collier, Fiſher-Boat, or other Coaſting
Cap. 2. Sect. Veffel, be taken in at Sea, or out of any Veſſel, to be landed, or put into any other
Ship, &c. within the Limits of any Port, without Payment of the Duties, ſuch
Goods ſhall be forfeited, and the Maſter of ſuch Collier, & c. ſhall forfeit treble'
the Value, unleſs in Caſe of Neceſſity, of which ſuch Maſter ſhall give Notice,
and make Proof before the chief Officers of the Cuſtoms of the firſt Port
where he ſhall arrive; the Maſter or other Perſon taking Charge of the
Ship out of which ſuch Gocds ſhall be taken in at Sea; ſhall forfeit treble the
Value.
Ditto, Sect. Where any Vefſel of fifty Tons, or under, laden with cuſtomable, or prohibited
Goods, ſhall be found hovering on the Coaſts, within the Limits of any Port,
and not proceeding on her Voyage (Wind and Weather permitting) any Officer of
the Cuſtoms may go on board, and take an Account of the Lading, and demand
Security of the Maſter, &c. by his own Bond, to his Majeſty, &c. in treble the
Value of the foreign Goods on board, with Condition, that ſuch Vefſel (as ſoon
as Wind and Weather, and the State of ſuch Veſſel doth permit) ſhall proceed
regularly on her Voyage, and ſhall land ſuch Goods in ſome foreign Port. And
if ſuch Maſter, &c. ſhall refuſe to enter into ſuch Bond, or ſhall not proceed on
ſuch Voyage (as ſoon as Wind, Weather, and the State of ſuch Ship will permit)
unleſs ſuffered to make longer Stay by the Collector, or other chief Officer (not
exceeding twenty Days) all the foreign Goods on board ſuch Veſſel may, by any
Officer of the Cuſtoms by Direction of the Collector, or other principal Officer,
be taken out of the Ship and ſecured ; and if ſuch Goods are cuſtomable, the Duties
ſhall be paid; and Wool, or any prohibited Goods, found on board, are declared
ſubject to Forfeiture *
All Goods found concealed on board any Ship after the Maſter ſhall have
Cap.35. Sect. made his Report at the Cuſtom-houſe, and not mentioned in the ſaid Report,
ſhall be forfeited, and may be ſeized and proſecuted by any Officer of the Cuſ-
toms, and the Maſter of ſuch Ship (in Caſe he was privy to ſuch Concealment)
Thall forfeit treble the Value of the Goods.
It ſhall be lawful for the Officers of Exciſe to go on board any Veſſel within
Cap.3o.Se&t. the Limits of any Port, and to continue on board, and rummage in like Manner
as the Officers of the Cuſtoms, for Arrack, Rum, Brandy, or other exciſeable
Liquors; and for Coffee, Tea, Cocoa-Nuts, Chocolate, and Cocoa-Paſte; and
to ſeize for his Majeſty's Uſe all ſuch of the ſaid Commodities there found, as by
Law ſhall be forfeited, together with the Package; and to ſeize ſuch of the ſaid
Commodities as before due Entry, and without paying or ſecuring the Duties on
the Importation, ſhall be found unſhipping or unihipped.
For
* N. B. There is the fame Aa made for any Ship hovering on the coaſt of Ireland, &c. by 6 George I. Cap. I.

9 Geo. II.
27.
luch.com
11 Geo. 1.
Sect. 62.
CAPTAINS, AND SAILORS.
59.

III. Cap. 33.
Sect. I.
Sect. 1.
For Encouragement of the North Sea, Iſland, and Weſtmony Fiſheries, no freſh 15 Car. il.,
Herring, freſh Cod, or Haddock, Coal-Filh, or Gull-Fith thall be imported.but Cap.7. S. 16.
in Engliſh built Ships, and having Certificate as in the Act, and whereof the Maf-
ter and three-fourths of the Mariners are Engliſh, and which have been caught
in ſuch Ships, and not bought of Strangers, under Pain of Forfeiture of all ſuch
Fiſh, and the Ship in which it was imported.
No Britiſh Ship trading to any Part of the Mediterranean Sea beyond Malaga 9 Geo
. II.
ſhall be entitled io the Exemption granted in the Act 13 and 14 Car. II. Cap. 11.
Cap. 33. S.3.
Sect. 36. (herein before recited) for that one Moiety of the Loading of ſuch Ship
ſhall conſiſt of Fiſh, unleſs ſuch Moiety conſiſt of Fiſh taken and cured by his
Majeſty's Subjects.
It ſhall be lawful for Natives of England or Ireland to import into England di- 7 and 8 Will.
rectly from Ireland any Sorts of Hemp or Flax, and all the Production thereof, as
Thread, Yarn, and any Manufacture thereof, of the Growth and Manufacture of 16 Geo. II.
Ireland, free from all Duties, the Maſter of the Veſſel importing the ſame c. 26.
bringing a Certificate from the chief Officer of the Port in Ireland, expreſſing
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 ſuch Perſons that ſhall have ſworn the Goods to be of the
Growth and Manufacture of that Kingdom, and where, and to whom in England
conſigned; and the Maſter of the Ship, on Arrival in England, making Oath that
the faid Bales and Goods are the Bales and Goods taken on board by Virtue of the
faid Certificates.
All Linen made in Ireland, and imported into Great-Britain, may be again 3Geo. I. c.23.
exported to any Britiſh Plantation in America, without Payment of any Duty
whatſoever.
To encourage the Importation of rough and undreſſed Hemp or Flax from the 4 Geo. III.
Britiſh Colonies in America ; for Hemp; Water rotted, bright and clean, or
Cap. 26.
rough undreſſed Flax, ſo imported, the following Bounties are to be given by
the Collector of the Cuſtoms at the Port of Importation: between June 24, 1764,
and June 24, 1771, 81. per Ton; between June 24, 1771, and June 24, 1778,
61. per Ton; and between June 24, 1778, and June 24, 1785, 41. per Ton.
Ġrants the following Bounties on Hemp, the Growth of Ireland, imported 19 Geo. III.
from thence into Great-Britain. From June 24, 1779, to ditto, 1786, 87. per
Ton. From June 24, 1786, to ditto, 1793; 61. per Ton. From June 24,
1793, to ditto 1800, 41. per Ton.
Any Maſter or Owner of a Veffel, fraudulently importing foreign Hemp or Ditto Sect.
Flax to obtain theſe Bounties, incurs the Forfeiture of 1001. and the Veſſel, with 11.
all her Furniture, ſhall alſo be forfeited.
Grant an additional Bounty of 58. per Hogsíhead upon Flax Seed imported 15 Gro. III.
into Ireland, for which a Bounty is allowed in that Kingdom, by Acts made 1646
there in the Third and Sixteenth of his preſent Majeſty. Rape Seed, and Rape c. 41.
Cakes, may be imported from Ireland into Great-Britain, Duty free.
Cotton Yarn, the Manufacture of Ireland, may be imported into Great-is "Geo. III.
Britain, Duty free.
c. 56.
Tea exported to Ireland, as Merchandiſe, to draw back the whole Cuſtoms, 17 Geo. III.
ſubject to the Regulations preſcribed by 12 Geo. III. c. 60, and 16 Geo. III. c. 51.
Řepeals the Act of 19 of Henry VII. prohibiting the Exportation of Gold and 20 Geo. III.
Silver Coin from Great Britain to Ireland, and allows the ſaid Exportation.
Repeals the Act of 9 Anne, prohibiting the Importation of foreign Hops into sect. 2.
Ireland, and allows them to be imported there.
Alſo, the Act 6 Geo. I. c. II, which enacts that no Draw-back ſhall be al-
lowed in the Exportation of Hops from Great-Britain to Ireland, and allows
the Draw-backs to be paid for Hops, whether of foreign or Britiſh growth.
Repeals ſo much of an Act of 26 Geo. II. as confines the Levant Trade to Se&t. 3.
Subjects of Great-Britain only, admitted Members of the Turkey Company;
and enacts, that the Subjects of Ireland, on Requeſt, ſhall be admitted Members
of the ſaid Turkey Company, and being ſo admitted, may export directly from
Ireland to the Levant Seas, or import from thence into Ireland, ſuch Commo-
5
dities
C. 37
16 Geo. III.
15 Geo. III.
c. 27:
c. 10. Sect. 1.
60
OF SHIPS, OWNERS,
20 Geo. III.
C. 45.
dities as are allowed to be imported into Great-Britain from the ſaid Seas, or to
be exported to the ſame, by any perſon free of the Turkey Company.
Allows any Perſons, free of the Turkey Company, to import into Great-
Britain or Ireland, any Goods or Commodities which have hitherto been uſually
imported from Turkey or Egypt, or from any place within the Dominions of
the Grand Seignor, not only in Ships built in, and belonging to, Great-Britain
or Ireland, but in any Ship or Veiſel belonging to any Kingdom or State in
Amity with his Majeſty, his Heirs, and Succeſſors, navigated by foreign
Seamen, from any Port or Place whatſoever, upon Payment of the ſame Duties
if imported into Great-Britain, as the like Goods would be ſubject to if imported
in Britiſh Ships directly from the Place of their Growth, Production, or Ma-
nufacture, the Goods ſo imported in foreign-built Ships to be liable to the
Aliens Duties, if ſuch Goods were ſubject thereto before the paſſing of this Act.
No Entry to be allowed to be inade of any ſuch Goods at the Cuſtom-houſe
till Certificate is produced by the Importer, that he is free of the Turkey
After January 1, 1780, Goods uſually imported from the Mediterranean may
be imported from any Port or Place whatever, by any Perſons whatſoever, into
Great-Britain or Ireland, in Britiſh built Ships, or in Ships belonging to any
Kingdom or State in Amity with his Majeſty, his Heirs, and Succeffors, upon
Payment of the ſame Duties, if imported into Great-Britain, as they would
have been liable to if imported directly from the Places of their Growth, &c.
except Drugs, which if not imported by Perſons free of the Turkey Company,
ſhall be liable to the fame Duties as if not imported from the Place of their
Growth. The Goods ſo imported from the Mediterranean in foreign Ships to
be liable to Aliens Duties, if they were ſo before, notwithſtanding this Ac.
Cotton or Cotton Wool imported into Great-Britain after the iſt of Jan.
1780, in foreign Ships, to be ſubject to a Duty of One Penny Farthing on every
Pound Weight, and alſo to the additional Duty of Five per Cent. on the Amount
of the ſaid Duty, as granted by the Act of 19 Geo. III. And no Draw-back is
to be allowed on the Re-exportation of the ſaid Cotton or Cotton Wool. The
Produce of the ſaid Duty of One Penny Farthing per Pound Weight is to be
paid from Time to Time into the Receipt of the Exchequer, and is to be kept
ſeparate and apart as a Fund for the Encouragement of the Growth of Cotton in
his Majeſty's Leeward Iſlands, and for encouraging the Importation thereof into
Great-Britain, in ſuch Way and Manner as Parliament ſhall hereafter direct.
7 Geo. I. Cap. No Commodity of the Product or Manufacture of the Eaſt-Indies ſhall be
11. Sect. 40imported into Ireland, the Iſlands of Jerſey, Guernſey, Alderney, Sark, or Man, or
to any of the Plantations in Africa or America, belonging to the Crown of Great-
Britain, but ſuch only as ſhall be ſhipped in Great Britain in Ships navigated ac-
cording to Law, on Penalty of forfeiting all ſuch Goods, or the Value thereof,
together with the Ship, &c.
3 Ann.Cap.8. It ſhall be lawful for any Natives of England or Ireland to ſhip, in any Port
of Ireland, in Engliſh built Shipping, whereof the Maſter and three-fourths of
the Mariners be Engliſh or Iriſh, any white or brown Linen-Cloth, of the Manu-
facture of Ireland, and the ſame to tranſport into any of the Plantations, the Act
15 Car. II. Cap. 7. notwithſtanding.
Provided, that no Ship coming to the Plantations from Ireland ſhall break Bulk,
until the Maſter ſhall have made known to the Governor, or to ſuch Officer as
ſhall be by him appointed, the Arrival of the ſaid Ship, with her Name, and
the Name of the Maſter, and ſhall have delivered a true Inventory or Invoice of
the Lading; together with the Certificate from the chief Officer of the Port in
Ireland where ſuch Ship ſhall be laden, expreſſing the Particulars of ſuch Lading,
with the Names and Abodes of the Exporters, and of two Perſons, who ſhall
have made Oath before ſuch chief Officer, that the ſaid Goods and Linen are
Bona Fide of the Manufacture of Ireland; and until the Maſter ſhall have made
Oath, before fuch Governor or Officer, that the ſaid Goods are the ſame that he
took on board by Virtue of ſuch Certificate, nor until ſuch Ship ſhall have been
ſearched by an Officer; and, in Cafe the Commander of ſuch Ship ſhall break
Bulk before ſuch Notice given and Certificate produced, and ſuch Oath made, or
before
S. 1.
Ditto S. 2.
I
CAPTAINS, AND SAILORS.
6 1
c. 6.
before ſuch Search, or if any Goods of Woollen Manufacture, not laden in England
(neceſſary Apparel of the Commander and Mariners excepted) or any Linen Goods
not laden in England, nor of the Manufacture of Ireland, ſhall be found, ſuch
Ship ſhall be forfeited, together with all Goods imported, or found in ſuch Ship.
Makes it lawful to export, under certain Regulations, directly from Ireland 18 Geo. III.
to Britiſh America, the Weſt-Indies, or any of the Britiſh Settlements on the C- 53.
Coaſt of Africa, any Goods, the Produce or Manufacture of Ireland, except Wool
and Woollen Manufactures, and Cotton Manufactures ; Hats, Glaſs, Hops,
Gunpowder, and Coals.
And all Goods of the Growth, Product, or Manufacture of Great-Britain,
imported from thence into Ireland, except Woollen Manufactures and Glaſs.
Alfo all foreign Certificate Goods, legally exported from Great-Britain to
Ireland may be re-exported directly from Ireland to the ſaid Plantations and Set-
tlements; but nor to extend to foreign Linens, painted, &c. in Ireland; nor
to Bar-Iron, Iron llit or rolled, plated or tinned, nor any manufactured Iron
Wares, till a Duty is impoſed thereon in Ireland. Nor to any ſuch Articles if
a Bounty or Premium is allowed thereon.
Allows the Exportation of Woollen Manufactures from Ireland into any 20 Geo. III.
foreign Part, and of Glaſs, and repeals all former Acts prohibiting the ſame.
Any Goods which may be legally imported from Britiſh America, the Weſt- 20 Geo
. III.
Indies, or any of the Britiſh Settlements on the Coaſt of Africa, into Great- c. 10.
Britain, may in like Manner be imported directly from the faid Settlements to
Ireland.
And any Goods which may be legally exported from Great-Britain to Britiſh
America, or the ſaid Settlements, may be exported directly from Ireland to the
fame Places.
On Condition that the Iriſh Parliament impofe on the Goods to be ſo exported
or imported, Duties, and allow Draw-backs, equal to thoſe impoſed and allowed
on the Exportation or Importation of the ſaid Goods in Great-Britain.
Gum Senega, or Gum Arabic, thirty Tons may be exported annually from 6 Geo
. III.
Great-Britain to Ireland Duty-free, by Licence from the Treaſury; to be uſed C. 46.
in the Linen Manufactures of that Kingdom.
Clothing and Accoutrements, the Produce of Great-Britain or Ireland, for the 15 Geo. III.
Uſe of his Majeſty's Forces abroad, paid in Part out of the Iriſh Revenue, may
be exported from Ireland.
No Commodity, of the Production of Europe, ſhall be imported into any is Car. II.
Plantation or Place, which
ſhall belong to his
Majeſty in Aſia, Africa, or America, Cap. 7. 8. 6.
but what ſhall be ſhipped in England, Wales, or Berwick, and in Engliſh built
Shipping, and whereof the Maſter and three-fourths of the Mariners are Engliſh,
and which ſhall be carried directly thence to the ſaid Plantations, under the
Penalty of the Loſs of all ſuch Commodities imported from any other Place; and,
if by Water, of the Ship alſo, with her Tackle.
Provided, that it ſhall be lawful to lade in Ships navigated as in the foregoing Ditto S. 7.
Clauſe, 'in any Part of Europe, Salt, for the Fiſheries of New-England and
Newfoundland, and to ſhip in the Madeiras, Wines of the Growth thereof, and
to ſhip in the Weſtern Iſlands or Azores, Wines of the Growth of the ſaid
Inands, and to take in Servants, or Horſes in Ireland, and to ſhip in Ireland
Victuals of the Production of Ireland, and the ſame to tranſport into any of the
ſaid Plantations.
Every Perſon importing by Land any Goods into the ſaid Plantations, ſhall Ditto S. 8.
deliver to the Governor, or to ſuch Perſon as ſhall be by him appointed, within
twenty-four Hours after ſuch Importation, his Name, and a Particular of all
ſuch Goods: And no Ship coming to any ſuch Plantation ſhall lade or unlade
any Goods, until the Maſter ſhall firſt have made known to the Governor, or
ſuch other Officer as ſhall be by him appointed, the Arrival of the Ship, with
her Name, and the Name of her Commander, and have ſhewn to him that the
is an Engliſh built Ship, or made good by producing ſuch Certificate, that ſhe
is a Ship belonging to England, Wales, or Berwick, and navigated with an Englija
Maſter, and three-fourth Parts of the Mariners Engliſh, and have delivered to
ſuch Governor, or other Officer, an Inventory of her Lading, with the Places,
c. 45.

R
in
62
OF SHIPS, OWNERS,
22 and 23
26. S. II.
25 Car. II.
in which the Goods were laden, under the Pain of Loſs of the Ship with her
Tackle, and of all ſuch Goods of the Production of Europe, as were not laden
in England, Wales, or Berwick.
The Word Ireland ſhall be left out of all Bonds taken from any Ship, which
Car: II. Cap. ſhall ſet Sail from England, Ireland, Wales, or Berwick, for any Engliſh Plantation
in America, Aſia, or Africa ; and, in Caſe the Ship ſhall load any of the ſaid Com-
modities at the ſaid Engliſh Plantations, the ſaid Commodities ſhall be by the
ſaid Ship brought to ſome Port of England, Wales, or Berwick, and ſhall there
unload the fame (Danger of the Seas excepted) and in like Manner for all Ships
coming from any other Port to the ſaid Plantations, the Governor of ſuch
Plantations ſhall, before the Ships be permitted to load any of the ſaid Commo-
dities, take Bond in the Manner directed in the Act, 12 Car. II. Cap. 18. for
the encouraging of Navigation, that ſuch Ship ſhall carry all the ſaid Goods to
ſome other of his Majeſty's Engliſh Plantations, or to England, Wales, or Berwick;
and every ſuch Ship which ſhall load any of the faid Commodities, until ſuch
Bond given, or Certificate produced, from the Officers of ſome Cuſtom-houſe of
England, Wales, or Berwick, that ſuch Bond hath been there given, or which,
contrary to the Tenor
of ſuch Bond, ſhall carry the ſaid Goods to any Place other
than to other Engliſh Plantations, or to England, Wales, or Berwick, and there
lay the fame on Shore, every ſuch Ship ſhall be forfeited, with her Tackle and
Lading
If any Ship, which by Law may trade in any of his Majeſty's Plantations,
Cap. 7. S. 2.
ſhall come to any of them to ſhip any of the ſaid Commodities, and Bond ſhall
not be firſt given with Surety, to bring the ſame to England, Wales, or Berwick,
and there to unload the fame (the Danger of the Seas excepted) there fhall be
paid to his Majeſty, for ſo much of the ſaid Commodities as ſhall be put on board
ſuch Ship, theſe Duties, viz. for Sugar white, the hundred Weight, 5s. brown
Sugar and Muſcovadoes, Is. 6d. for Tobacco, the Pound, id. Cotton Wool one
Half-penny; Indigo, 2d. Ginger, the hundred Weight, is. for Logwood, 5l. for
Fuſtick, and all other Dying Woods, 6d. and for every Pound of Cocoa Nuts, id.
to be collected as ſhall be appointed in the Plantations before the Landing thereof,
and under ſuch Penalties as for defrauding his Majeſty of his Cuſtoms in England.
In Caſe any Perſon liable to pay the Duties before-mentioned thall not have
Monies to pay the ſame, the Officers ſhall accept ſuch a Proportion of the Com-
modities as ſhall amount to the Value.
No Goods ſhall be imported into, or exported out of any Plantation, to his
II. Cap. 22. Majeſty in Afia, Africa, or America belonging, or ſhall be carried from any one
Port in the Plantations to any other Port in the ſame, the Kingdom of England,
Wales, or Berwick, in any Ship but what ſhall be of the Built of England, or of
Ireland, or the Plantations, and wholly owned by the People thereof, and navi-
gated with the Maſters, and three-fourths of the Mariners, of the ſaid Places
(except Ships taken Prize, and Condemnation thereof made in the Courts of
Admiralty in England, Ireland, or the Plantations, to be navigated by the Maſter
and three-fourths of the Mariners Engliſh, or of the Plantations, and whereof the
Property doth belong to Engliſhmen) under Pain of Forfeiture of Ship and Goods.
Repeals ſo much of the above recited Acts of 15, 22, and 23, of Charles II.
and of the 7th and 8th of William III. as reſtricts the Importation into the
Britiſh Colonies and Settlements in America, the Weſt-Indies, and on the Coaſt
of Africa, to Great-Britain alone, and orders the Word Ireland to be
put
into
all Bonds taken from Ships, lading Commodities in the ſaid Plantations to land
the ſame in Great-Britain or Ireland, as directed by the Navigation Act, and
allows the Trade between Ireland and the faid Colonies to be carried on in like
Manner as it is now carried on between Great-Britain, and the ſaid Colonies and
Settlements.
Merchandizes may be exported or imported to and from this Kingdom and
İIL.C.22.8. 3. Places aforeſaid, in any Ships taken as Prize, and whereof Condemnation ſhall
be made in one of the Courts of Admiralty aforeſaid, and ſhall be navigated by
the Maſter, and three-fourths of the Mariners, Engliſh, and whereof the Pro-
perty ſhall belong to Engliſhmen.
All

Ditto S.
4.
7 and 8 Will.

20 Geo. III.
c. 10,
7 and 8 Will.
CAPTAINS, AND SAILORS,
63
1
!
•9.
All Ships coming into, or going out of any of the Plantations, and lading Ditto Sect. 6;
or unlading any Goods, whether the ſame be his Majeſty's Ships of War, or
Merchants Ships, and the Commanders thereof, ſhall be liable to the fame Rules,
Viſitations and Forfeitures, as to the entering, lading, or diſcharging their Ships,
as Ships are liable to in this Kingdom, by 13 and 14 Car. II. Cap. 11. for pre-
venting Frauds in his Majeſty's Cuſtoms ; and the Officers for collecting his Majef-
ty's Revenue, and inſpecting the Plantation Trade in the Plantations, ſhall have
the fame Power for ſearching of Ships, and taking their Entries, and for ſeiſing
Goods prohibited, or for which any Duties are payable, as are provided for the
Officers of the Cuſtoms in England, by the ſaid Act, as alſo to enter Houſes or
Warehouſes, to ſearch for and ſeiſe ſuch Goods; and all the Wharfingers, Ligh-
termen, or other Perſons, aſſiſting in the Concealment or Reſcue of the ſaid
Goods, or in the hindering the Officers in the Performance of their Duty; and
the Veſſels employed in the Conveyance of ſuch Goods ſhall be ſubje&t to the
like Penalties, as are provided by the fame Act, in Relation to prohibited or
uncuſtomed Goods in this Kingdom; and the like Affiſtance ſhall be given to
the Officers, as by the ſaid Act is provided for the Officers in England, &c.
Where any Queſtion ſhall ariſe concerning the Importation or Exportation of Ditto Se&t. 7.
any Goods, into or out of the faid Plantations, the Proof ſhall lie upon
the
Owner, and the Claimer ſhall be reputed the Importer or Owner.
All Laws, By-Laws, Uſages or Cuſtoms, which ſhall be in Practice in the Ditto Sect.
Plantations, repugnant to the before-mentioned Laws, or to this Act, or any
other Law to be made in this Kingdom, fo far as ſuch Law ſhall relate to the
Plantations, are void.
Where the Governor, or Officers appointed by the Commiſſioners of the Cuf- Ditto Seet.
toms in the Plantations, ſhall have Ground of Suſpicion, that the Certificate of to,
having given Security in England is falfe, the Governor, or Officers of the Cuf-
toms, ſhall take Security there for the Diſcharge of the Plantation Lading in
England, Wales, or Berwick (ſubſtitute the Words Great Britain or Ireland, in
conformity to 20 Geo. III. C. 10.) and where there ſhall be Cauſe to ſuſpect,
that the Certificates of having diſcharged her Lading of Plantation Goods
in this Kingdom is falſe, the Governor or Officers ſhall not cancel the Security
given in the Plantation, until they be informed from the Commiſſioners of the
Cuſtoms, that the Certificate is true; and if any Perſon ſhall raſe or falſify any
Cocket, Certificate, Return, or Permit, for any Veſſel or Goods, or ſhall know-
ingly make Uſe thereof, ſuch Perſon ſhall forfeit Five Hundred Pounds.
The Commiſſioners of the Treaſury, and the Commiſſioners of the Cuſtoms, Ditto Sect.
may appoint ſuch Officers of the Cuſtoms in any City, Town, River, Port, Har- 11.
bour, or Creek, of any of the Iſlands, Tracts of Land, and Proprieties, as ſhall
ſeem needful; alſo upon any Suits brought in the Plantations, upon any Law
concerning his Majeſty's Duties, or Ships or Goods forfeited by Reaſon of any
unlawful Importations or Exportations, there ſhall not be any Jury, but of ſuch
only as are Natives of England or Ireland, or born in his Majeſty's Plantations;
and upon all ſuch Suits the Offences may be laid in any Province, Country, or
Diviſion, of any of the Plantations, at the Pleaſure of the Informer.
In all Bonds to be taken in the Plantations by 22 and 23 Car. II. Cap. 26. the Ditto Sect.
Sureties ſhall be Perſons of known Reſidence and Ability in the Plantations, and '3.
the Conditions of the Bond ſhall 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 Majeſty's Plantations, or in England, Wales, or Berwick (ſubſti-
tute the Words Great Britain or Ireland, in conformity to 20 Geo. III.) other-
wiſe ſuch Bond, or Copies thereof, atteſted under the Hand and Seal of the
Governor to whom ſuch Bonds were given, ſhall 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 leſs appears to be landed than ſhipped in 6 Geo. III.
Great Britain, an Allowance not exceeding two per Cent. may be made for
Waſte during the Voyage.
Repeals the Acts of 12 and 15 Charles II. and any other Act which prohibits
or reſtrains the ſetting, planting, or improving, to grow, making, or curing C. 35.
Tobacco, either in Seed, Plant, or otherwiſe, in Irelana




C. 21.
19
Geo. III.
I
NO
64
OF SHIPS, OWNERS,
17.
JURAT
Eling
of
and 8 Will. No Ship ſhall paſs as a Ship of the Built of England, Ireland, Wales, Bera
II
. C. 22. S. wick, Guernſey, Jerſey, or any of his Majeſty's Plantations in America, fo as to
trade to the Plantations, until the Perſons claiming Property in ſuch Ship,
ſhall regiſter the ſame, viz. if the Ship belong to any Port in England, Ireland,
Wales, or Berwick, Proof ſhall be made upon Oath of one of the Owners, be-
fore the Collector and Comptroller of his Majeſty's Cuſtoms in ſuch Port, or
if the Ship belong to any of his Majeſty's Plantations in America, or to the
Iſlands of Guernſey or Jerſey, then the like Proof to be made before the Go-
vernor, with the principal Officer of Revenue reſiding on ſuch Plantation or
Iſland, in the Tenor following, viz.
URAT A. B. that the Ship
of
whereof
is at preſent Maſter, being a
Tons, was built at
in the rear
and that
of
and
of
&c. are at preſent Owners thereof, and that no Foreigner, directly or indirectly,
hath any Share, or Part, or Intereſt therein.
Which Oath being atteſted by the Governor, or Cuſtom-Officer, ſhall, after
having been regiſtered by them, be delivered to the Maiter of the Ship, a Du-
plicate of which Regiſter ſhall be tranſmitted to the Commiſſioners of Cuſtoms
in London, to be entered in a general Regiſter there; with Penalty upon any
Ship trading to any of his Majeſty's Plantations in America, and not having
made Proof as here directed, that the ſhall be liable to ſuch Forfeiture as any
foreign Ship, except Prizes condemned in the Admiralty.
Ditto, Sect. Provided that Ships taken at Sea by Letters of Mart, or Repriſal, and Con-
demnation thereof made in the Admiralty of England, thall be ſpecially regiſter-
ed with Proof, that the entire Property is Engliſh.
Ditto, Sect. Nothing in this Act thall require the regiſtering any Fiſher-Boats, Hoys,
Lighters, Barges, or any open Boats, whoſe Navigation is confined to the Ri-
vers or Coaſts of the Plantation where they trade, but only of ſuch as croſs
the Seas.
Ships built in Ireland, and owned by his Majeſty's Subjects reſiding in any
C.55.Sect.g. Part of the Britiſh Dominions in Europe, to be deemed Britiſh built, and in-
titled to the like Privileges and Advantages in all Reſpects, as Ships built in
Great Britain. And, Ships belonging to any of his Majeſty's Subjects reſiding
in Ireland, and not Britiſ built, are to be intitled to the fame Privileges and
Advantages in all Parts of his Majeſty's Dominions, as Ships belonging to his
Majeſty's Subjects reliding in Great Britain, and not Britiſh or Iriſh built, are
intitled to.
No Ship's Name ſhall be changed, without regiſtering ſuch Ship de novo,
which is to be done upon any Transfer of Property to another Port, and de-
livering up the former Certificate, under the ſame Penalties as before ; and,
in Caſe of any Alteration of Property in.the fame Port, by Sale of Shares after
regiſtering, ſuch Sale ſhall be acknowledged by Indorſement on the Certificate
before two Witneſſes,
18.
19.
18 Geo. III,
7 and 8 Will.
III. C.22, S.
20,
15 Geo. III.
C.31. Sect. 1.
Bounties, &c. for the Encouragement of the Fiſheries.
BRI
RITISH-BUILT Ships, owned by his Majeſty's Subjects reſiding in Great
Britain or Ireland, &c. catching a certain Number of Fiſh on the Banks
of Newfoundland, and arriving with the fame at Newfoundland, under the Re-
gulations preſcribed in the Act, are to be allowed,
To the 25 Veſſels firſt arriving, 404. each
100 next arriving 20£,. each annually, for Eleven Years.
100 next arriving 10f each
Britiſh built Ships, owned by his Majeſty's Subjects reſiding in Great Bri-
tain or Ireland, proceeding from thence and killing one Whale, at leaſt, in the
Gulph of St. Lawrence, or on the Coaſt of Labrador, Newfoundland, or in any


Sect. 3º
5
Seas
CAPTAINS, AND SAILORS.
65
c. 47•
15
Geo. IIT.
Seaś to the Southward of the Greenland Seas and Davis Straits, and returning
within the ſame Year to ſome Port in England with the Oil of ſuch Whales to
taken, are to be allowed for five Ships, viz.
For the Ship arriving with the greateſt Quantity £ 500
with the next Ditto
400
with the next
300 in each Year, for 11 Years.
with the next
200
with the next
I0Oj
And the Oil to be landed free of Duty.
Grants the fame Bounties to Whales ſo taken in the Seas to the Southward ; 6 Geo III.
of the Latitude of forty-four Degrees North.
Ships fitted out from Ireland in the Whale Fiſhery, to the Greenland Seas, 15 Geo. III.
Davis Straits, and the adjacent Seas, under the Regulations preſcribed, are to C. 31. 8. 21.
be allowed, on their Return to ſome Port in Great Britain,
25 Dec. 1775 25 Dec. 1776, 4os.
From 25 Dec. 1776 to 25 Dec. 1781, 30s. per Ton:
125 Dec. 1781) 25 Dec. 1786, 2os.
The above-mentioned Bounties for Ships employed in the Whale Fiſheries 18 Geo. III.
are to be allowed, although the whole and entire Property of the Ship doth C-55. Sect.8.
not belong to ſome of his Majeſty's Subjects reſiding in that part of his Majeſty's
Dominions from whence the Ship is fitted and cleared out:
His Majeſty's Subjects reſiding in Ireland may traníport, directly from thence
to Newfoundland, or to any Part of America where the Fiſhery is carried on, c. 31. S. 5.
Proviſions, Hooks, Lines, Netting, or other Tools or Implements neceſſary for
the Fiſhery, being the Product and Manufacture of Great Britain or Ireland.
Oil, Blubber, or Whale Fins, taken in any Part of the Ocean by, and im- Se&. 9.
ported in any Ship belonging to, his Majeſty's Subjects of Great Britain or
Ireland, to be imported Duty-free.
Seal Skins, raw and undreſſed, caught by the Crew of any Veſſel belonging Se&t. 10.
to, and fitted out from Great Britain or Ireland, may be imported Duty-free.
Plantation Bonds, given for bringing the enumerated Commodities to Great 8 Ann. Cap.
Britain, in Caſe there be no Proſecution for Breach of the Conditions, within 1 3. S. 23.
three Years after the Dates; or, if Judgement be not obtained for her Majeſty
within two Years after the Proſecution commenced, ſuch Plantation Bonds
ſhall be void, and delivered up by the Officers, on Pain of anſwering all De-
mands with treble Coſts.
All Prize-Goods of the Produce of foreign Plantations, which ſhall be im- 10 Ann. Capa
ported into Great Britain from the Plantations in America, upon producing a C. 22. S. 2.
Certificate of the Collector, Comptroller, or other chief Officer, at the Port
where ſuch Goods were embarked in America, ſhall pay ſuch Duties only in
Great Britain, as in Caſe they had been of the Produce of the Plantations be-
longing to the Crown of Great Britain, any Act to the contrary notwith-
ſtanding
Prize Cocoa of the Produce of foreign Plantations, imported into Great Bri- 10 Ann.c. 26.
tain, having proper Certificates to prove the ſame being Prize, ſhall be liable Sect. 113.
to no other Duties, than what ſuch Prize Cocoa was liable to pay by her Ma-
jeſty's Declaration made in Favour of the Captors of Prizes, the Act 10 Ann.
Cap. 22. notwithſtanding.
All Beaver Skins, and other Furs of the Product of the Britiſh Plantations 8 Geo. I. Cap.
in America, Aſia, or Africa, ſhall be imported from thence directly into Great 15. Se&. 24.
Britain (or Ireland, 20 Geo. III.) and laid on Shore there, and not elſewhere,
under the Penalties, &c. in 12 Car. II. Cap. 18. in Relation to Sugars, To-
bacco, and other enumerated Goods.
It ſhall be lawful for any of his Majeſty's Subjects to carry Salt from any 13 Geo. 1. C.5.
Part of Europe to Pennſylvania, in Britiſ Ships, navigated according to the
Act 12 Car. II. Cap. 18. of Navigation.
It ſhall be lawful for any of his Majeſty's Subjects to carry Salt from any 3 Geo. II. C.
Part of Europe to New-York, in Britiſh Ships, navigated according to 12 Car. IÍ. "2
Cap. 18. in the ſame Manner as Salt may be imported from Europe, into Nero
England and Newfoundland, by 15 Car. II. Cap. 7.
S
The



the Ac 10
66
OF SHIPS, OWNERS,
3 Geo. II. C.
28. S. 1.
Ditto, S. 2.
The Act 3 and 4 Ann. Cap. 5: ſo far as it extends to the making Rice of
the Growth of his Majeſty's Plantations in America, an enumerated Commo-
dity, ſhall be confirmed; except as to ſuch Rice as by this Act ſhall be per-
mitted to be exported from Carolina, to ſuch Places, and under ſuch Reffric-
tions, as are herein after appointed.
It ſhall be lawful for any of his Majeſty's Subjects, in any Ship built in
Great-Britain (or Ireland, 20 Geo. III.) or belonging to his Majeſty's Subjects
reſiding there, and navigated according to Law, that ſhall clear outwards in
Great-Britain (or Ireland) for Carolina, to ſhip Rice in the ſaid Province, and
to carry the ſame to any Part of Europe, fouthward of Cape Finiſterre, with-
out carrying it to any other of his Majeſty's Plantations, or to Great-Britain
(or Ireland) the Maſter, before the clears outwards from Great-Britain, taking
à Licence of the Commiffioners of the Cuſtoms, for the loading and carrying
it from Carolina, to fome Part of Europe, fouthward of Cape Finiſterre, on a
Certificate from the Collector and Comptroller of the Port, where ſuch Licence
ſhall be deſired, certifying that Bond has been given with Security in 1000l.
if the Ship be of leſs Burthen than 100 Tons, and of 2000l. if of greater Bur-
then; that no Tobacco, Sugars, Cotton, Wool, Indico, Ginger, Fuſtick, or
other dying Wood, Molaſſes, Tar, Pitch, Turpentine, Hemp, Mafts, Yards,
Bowſprits, Copper Ore, Beaver Skins, or other Furs, of the Production of any
Britiſh Plantation in America, ſhall be loaded on board ſuch Ship at Carolina,
or any other of his Majeſty's Plantations, unleſs for the neceffáry Proviſions
of ſuch Ship in her Voyage, and that ſuch Ship ſhall proceed directly with
all the Rice loaded on board by Virtue of ſuch Licence, to fome Port of Eu-
rope, ſouthward of Cape Finiſterre, and there land the Rice, and proceed for
Great-Britain (or Ireland) before ſhe returns to any of the Plantations; and
if the Maſter ſhall not, within four Months after his Arrival at ſuch Port,
produce a Certificate of having landed the ſaid Rice, which Certificate is to
be under the Hand and Seal of the Britiſh Conſul; or, where there is no Con-
ſul, of two known Britiſh Merchants, reſiding in the Port where the Rice
ſhall be landed; the Bond ſhall be forfeited, and may be ſued in any Court
of Record in Great-Britain (or Ireland.)
Before any Rice be put on board any Ship at Carolina, by Virtue of the faid
Licence, the Maſter ſhall deliver to the Collector of the Port, where the Ship is
to take in her Lading, the ſaid Licence, and a Certificate of ſuch Bond having
been given in Great Britain or Ireland; and ſhall deliver in writing upon Oath
before the Collectors, whether he intends to load any Rice purſuant to ſuch
Licence, and to what Place.
Before the Rice ſhall be ſhipped, the Perſon exporting it ſhall make an Entry
thereof with the Collector of the Cuſtoms, and the naval Officer, and alſo with
the Comptroller, where there is ſuch an Officer, and ſhall take out a Cocket of
ſuch Entry, and ſhall, before the Rice be put on board, indorſe on the Cocket
the Quantity intended to be ſhipped, mentioning the Marks, Numbers and
Contents of each Caſk, and ſhall deliver the Cocket to the Searcher, or other
Officer appointed for the examining and ſhipping thereof; and, if the Quantity
ſhall appear to be greater than is indorſed, or if any Rice ſhall be put on board
any Ship, or Hoy, or Veſſel, in order to be put on board, before ſuch Entry,
and taking out ſuch Cocket, and indorſing and delivering of the ſame as aforeſaid,
ſuch Rice ſhall be forfeited, as alſo the Hoy, &c. and the Owner of ſuch Rice,
or other Perſon employed in thipping it, ſhall alſo forfeit treble the Value
thereof, &c. And, before ſuch Ship ſhall depart from Carolina, the Maſter ſhall
receive the Licence from the Collector, and Naval Officer, and Comptroller,
who ſhall indorſe thereon the Marks, Numbers, and Contents of each Caſk of
Rice ſhipped; and the Collector, and other Officers, ſhall make two Copies of
ſuch Licence and Indorſement; and the Maſter ſhall, before he receives the Li-
cence, atteſt the Copies which are to be left with the Collector and other Officers;
and the Maſter ſhall alſo, on Return of the Ship to Great Britain or Ireland,
deliver the Licence to the Commiſſioners of the Cuſtoms, or to the Collector or
Comptroller of the Port where Bond was given; as alſo a Certificate ſealed by
the Conſul, or two known Britiſh Merchants, at the Port where the Rice was
landed,


Ditto S. 3.

Ditto S. 4.
I

CAPTAINS, AND SAILORS.
67
Ditto S. 6.
15
34
and
35
9. S. 6.
landed, certifying the Caſks ſo landed, and that they verily believe, that no Sugar,
Tobacco, or other enumerated Goods, except Rice, have been landed out of ſuch
Ship.
The Collector and other Officers in Carolina ſhall tranſmit one of the Copies Ditto S.5.
of the Indorſement to the Commiſſioners of the Cuſtoms in Great Britain, and
thereupon there ſhall be payable to his Majeſty ſo much as the half Subſidy of
the Rice ſo ſhipped in Carolina ſhall amount to, which would have remained if
the Rice had been firſt imported into Great Britain, and afterwards re-exported;
and, if it be not paid within thirty Days after Demand, the Bond thall be for-
feited, and the Perſons bound therein ſhall pay treble Coſts.
This Act ſhall continue five Years, &c.
Continued by 8 Geo. II. Cap. 19. until the 29th of September, 1742, and to
the End of the next Seſſion of Parliament, and to extend that Liberty to his
Majeſty's Province of Georgia in America. Further continued by the and
16 Geo. II. till the 1ſt June, 1747, and to the End of the then next Seſion of
Parliament, and further continued by the 20 Geo. II. until i June 1754, and
from thence to the End of the then next Sefion of Parliament.
No Perſon ſhall caſt out of any Ship or Veſſel, within any Haven, Road, Channel
or River, flowing to any Port or Town within the King's Dominions, any Ballaſt, Hen. VIII.C.
Rubbiſh, Gravel, or other Wreck or Filth, but only upon the Land above the
full Sea-Mark, upon Pain to forfeit 51.
Every Ship which ſhall be built in Great Britain, and every Ship built in his 9 Geo. II. C.
Majeſty's Plantations in America, ſhall, upon her firſt ſetting out, have one com-
37. S. 4.
plete Set of Sails, made of Cloth manufactured in Great Britain, and in Caſe
ſuch Ship ſhall not be fitted as aforeſaid, the Maſter ſhall forfeit gol,
No Perſon ſhall make into Sails or Tarpawlins any foreign Sail-Cloth imported Ditto S. 5.
after the 24th of June, 1731, not ſtamped; and, in Cafe any Perſon ſhall make
up foreign Sail-Cloth, other than as aforeſaid, ſuch Sails and Tarpawlins ſhall
be forfeited, and ſuch Perſon ſhall forfeit 201.
This Act ſhall continue five Years from the 24th of June, 1736, and to the Ditto S. 10.
End of the next Seſlion of Parliament.
Continued till the 1ſt of June, 1747, and until the next Seſion of Parliament, by
15 and 16 Geo II.
Confirmed by 19 Geo. II. p. 457. And it is there alſo enacted, that from the
24th of June, 1746, every Maſter of a Vefſel belonging to a Subject, navigated
with, or having any foreign-made Sails aboard, ſhall at the Time of his making his
Entry at the Cuſtom-houſe of ſuch Veſſel, alſo make Entry and Report upon Oath
of all foreign-made Sails uſed in, or being aboard ſueh Veſſel, and before the Vef-
ſel ſhall be cleared by the Officers of the Cuſtoms inwards, where ſhe ſhall dif-
charge any of her Lading, he ſhall pay the like Duties payable by an Act of 12 Ann.
Every ſuch Sail ſhall be ſtamped at the Place where the Velfel ihall make her
Entry, in Manner herein aforementioned; and if the Maſter ſhall not make ſuch
Entry, and pay the Duty before the Veſſel ſhall be cleared by the Officers of the
Cuſtoms inwards, all ſuch Sails ſhall be forfeited, and the Maſter for every ſuch
Offence fall forfeit 50l.
If the Maſter after his Report or Entry made, and before the Veſſel is cleared Page 458.
by the Officers of the Cuſtoms, fhall declare his Intention of not chooſing to
pay the Duty, and ſhall deliver fuch Sails to the Officer of the Port where he
makes his Entry, in ſuch Caſe the Sails are to be forfeited, and the Maſter
ſhall not be liable to pay the Duty or Penalty of gol.
Nothing herein contained fhall make Captains or Maſters of Veſſels coming
from the Eaſt-Indies liable to the Duties or Forfeitures aforeſaid, for ſuch Ver-
ſels being navigated with, or having foreign-made Sails on board, which thall
bona fide be brought by them from thence.
The Commiſſioners of the Cuſtoms of Great-Britain, by the 24th of June,
1746, ſhall provide a ſufficient Number of Stamps of eight Inches Diameter
for the Stamping of foreign-made Sails, &c.
And as Doubts have ariſen about the Meaning of a Clauſe in the ſaid Act of
9 Geo. II. by which Veſſels are obliged at their firſt ſetting out, or being firſt
navigated at Sea, to be furniſhed with one full and complete Set of Sails, made
of


--
68
OF SHIPS, OWNERS,
5 and 6 Will.
7. S. 21.
I Ann. St. I.
Ditto S. 8.
of Sail-Cloth manufactured in Great-Britain: To obviate ſuch Doubts for
the future, it is enacted, that from the 24th of June, 1746, every Veſſel which
ſhall be built in Great-Britain, and from the 29th of December, 1746, every
Veſſel which ſhall be built in his Majeſty's Plantations in America, upon her
Page 462. firſt being navigated, ſhall be furniſhed with one full and complete Set of
Sails (bona fide belonging to ſuch Veffel, &c.) made of Sail-Cloth manufactured
in Great-Britain, under Penalty for every ſuch Default of 501. to be forfeited
by the Maſter.
This Act ſhall continue and be in Force for ſeven Years, from the 24th of
June, 1746, and from thence to the then next Seſſion of Parliament.
If any Subject of this Realın fhall ſhip any Salt or Rock Salt, that hath paid
and Mar. C. the Duty, to convey it by Sea to any part of England, and the Veſſel periſh at
Sea, or be taken by Enemies with ſuch Salt on board, ſuch Perſon ſhall, upon
Proof made at the Quarter Seſſions for the County, &c. wherein he doth in-
habit, of the Loſs of ſuch Salt, receive from the Seſſions a Certificate, and
upon producing the Certificate to any Officers of the Duty, they are to let ſuch
Perſons ſhip the like Quantity of Salt without paying any Duty.
Where any Ship laden with Salt ſhall be found hovering on the Coaſts, not
Cap. 21. 9.76 proceeding on her Voyage, it ſhall be lawful for the Officers of the Cuſtoms,
or the Duty on Salt, to go on board ſuch Veffels, and compel them to come
into Port, and to continue on board until the Salt be unladen, or the Ship
ſhall depart from the Port; and if the Perſons on board any Ship importing
Salt, ſhall neglect to enter or unlade ſuch Salt twenty Days after the fame is
come into Port, or within that Time to depart and proceed on their Voyage,
unleſs permitted by the chief Officer of the Cuſtoms to make a longer Stay,
all the Salt on board ſuch Ship ſhall be forfeited, and double the Value thereof
to be recovered of the Maſter.
No foreign Salt Thall be imported in any Ship of leſs Burthen than twenty
Tons, and in Bulk only (except for the Proviſions of the Ships) upon Pain of
forfeiting the Salt, and double the Value to be recovered of the Perſon im-
porting.
Ditto S. 12. If any Ship laden with Salt, to be carried beyond the Seas, ſhall come into
any Place in England, it ſhall be lawful for the Officer of Salt to enter ſuch
Ship, and there continue till the Ship unlade her Cargo, or return to Sea under
the Penalty of 201. to be recovered of the Maſter, who ſhall refuſe ſuch Officer
to come on board; and if any Perſon ſhall unlade any of the Salt before Entry
or Re-payment of the Duty, the whole Cargo of Salt ſhall be forfeited.
Where any Salt ſhall be laid on board any Ship, either to be tranſported be-
yond the Seas, or carried Coaſtwiſe, the Officer of the Cuſtoms ſhall in the
Cockets (which ſhall be alſo ſigned by the Officer for the Duty on Salt, and
given without Fee) expreſs the Quantity of Salt; and in Caſe ſuch Ship Thall
come into any Port in England, it ſhall be lawful for the Officers of the
Cuſtoms, or Officers for the ſaid Duties, to go on board ſuch Ship, and de-
mand a Sight of ſuch Cocket, and in Cafe he have Cauſe to ſuſpect that there
is not ſo much Salt on board as the Quantity expreſſed in ſuch Cocket (and
ſhall make Affidavit thereof before the Collector, or Cuſtomer of the Port) to
weigh all the Salt remaining on board; and in caſe there ſhall appear not to
be ſo much as the Quantity expreſſed in ſuch Cocket (making Allowance for
the Waſte, and for Salt delivered at another Port, and indorſed in the Permit)
the Salt remaining ſhall be forfeited.
No Salt of the Produce or Manufacture of England, Wales, Berwick, Scotland,
Cap.14, S. r.
or Ireland, nor any other Salt coming from Ireland, Scotland, or the Iſle of Man,
ſhall after June 1, 1704, be imported into England, Wales, or Berwick, upon
Pain that all the Salt fo imported, &c. Ihall be forfeited, and that the Ship
ſhall alſo be forfeited ; and every Perſon that ſhall take any Salt out of ſuch
Ship, or carry the ſame on Shore, or convey the ſame from the Shore, or be
affifting therein, ſhall forfeit 2ol. or ſuffer fix Months Impriſonment.
It ſhall be lawful for any of the Officers for the Duties upon Salt, within
two Months after the landing any ſuch Salt, to ſeiſe the Salt, and alſo the Ship;
and in Caſe the Owner of ſuch Salt or Ship Thall not within twenty Days



Ditto S. 13
2 and 3 Ann.
Ditto S. 2.
claim
CAPTAINS, AND SAILORS.
69
18. S. 18.
pay, or
claim the Salt and Ship, and give Security to anſwer the Value, the Salt and
Ship ſhall be ſold.
Nothing in this A& ſhall extend to any Salt ſhipped to be carried Coaſtwiſe, Ditto, S. 36
by Certifieate, from one Port to another, according to former Acts.
In Caſes where Salt ſhall have been ſhipped to be exported, and the ship ſhall Ditto, S. 46
by Streſs of Weather, Enemies, or other Neceſſities, be forced into any Port in
England, it ſhall be lawful for the Owner of ſuch Salt, or Maſter of ſuch Ship;
within twenty Days, to reland the Salt, ſo as due Entry be made, and the Du-
ties again
paid down for the whole Quantity that was entered to be exported be-
fore any Part thereof be relanded.
Where any Ship ſhall come into any Port of England from Ireland, or other Ditto, S. 6.
foreign Part, having on board any Salt which was taken in only for the Provi-
fion of the Ship, or for curing of Fiſh, it ſhall be lawful to land the Salt, ſo
as Entry be made thereof within ten Days after coming into Port, and the Du-
ties paid down or ſecured before any Part thereof be landed.
Where any Salt (the Duties whereof ſhall have been paid or ſecured) ſhall be Ditto, S. 10.
ſhipped, and periſh by the Sinking of the Ship, before going out of Port, and
before the Exporter ſhall be intitled to a Drawback; the Exporter or Proprietor
of the Salt Thall, upon Proof made before the Juſtices at next Quarter Seſſions,
receive a Certificate of ſuch Proof, and upon producing it to any Collector of
the Duties, he ſhall let the Proprietor buy the like Quantity of Salt without
paying Duty.
Or if any Salt is loſt at Sea by ſtormy Weather, or by being thrown over- Ditto, S. 18.
board for the Ship’s Preſervation, the Owner thereof ſhall upon Proof by the
Oaths of two (whereof the Maſter or Mate of the Veſſel to be one) receive a
Certificate as above and be allowed to buy the like Quantity of Salt without
Duty.
If
any Maſter of a Ship who ſhall import into Great Britain any Salt taken in 15 Geo. 1. C.
for the Proviſions of the Ship or for curing Fiſh, ſhall not enter and
ſecure the Duty for the ſame within ten Days after coming into any Port, and
before the ſame be landed, the Salt ſo imported ſhall be forfeited, and the Maf-
ter or Owner ſhall forfeit double the Value.
Every Maſter of any Veſſel, who ſhall tranſport any foreign Salt from Scot-Ditto, S. 20.
land, or any of the Iſands thereof belonging to England, or from one Port to
another in Great Britain, ſhall before landing or delivering ſuch Salt deliver to
the Officers for collecting the duties on Salt a Particular of the Quantity, ſigned
by the Officers of Salt and Cuſtoms for the Port whence the Veſſel came, and
the Maſter, his Mate, or Boatſwain, ſhall make Oath before the Commiſſioners
for the Salt Duties, or their Officers, that to his Knowledge there hath not
been taken into the Veſſel any Salt ſince he came from ſuch Port: And if
ſuch Vefſel be to deliver Part of her Salt at one Port, and Part at another, the
Officers of the Salt Duties, and of the Cuſtoms, were ſuch Salt ſhall be deli-
vered, ſhall certify on the Back of the Cocket or Tranfire, or elſe by Certifi-
cate, what Quantity of the Salt hath been delivered, on Penalty of double
the Value of the Salt otherwiſe delivered, and jos. per Buſhel.
It ſhall be lawful for the Salt Officers at any unlading Port to go on board ſuch Ditto, S. 27.
Vefſel, before the Delivery, and demand a Sight of the Cocket, and to weigh
the Salt upon the unladings and if the Salt be found to be more in Weight
than what is contained in the Cocket, the Surpluſage ſhall be forfeited, and if
the Maſter refuſes to ſhow the Cocket, the Officer may ſeize the Salt, and de-
tain it till the Cocket be produced, and if it be not produced in four Days,
the Salt ſhall be forfeited.
The Officers of the Cuſtoms, or of the Duties on Salt, may go on board any Ditto, S. 22.
Vefſel to ſearch if there be any Salt on board, and may ſeize the ſame, if it be
found on board any other Veffel than that in which the Salt was imported, un-
leſs it had been duly entered, or the Duties paid or ſecured; and all ſuch Salt
Thall be forfeited, or the Value thereof to be recovered of the Maſter or Owner
of ſuch Veſſel, who ſhall likewiſe be liable to all other Penalties, as if the
fame had been landed, without Entry or Payment of the Duties; and every
T
Perfon




mo
OF SHIPS, OWNERS:
Ditto S. 42
.
2.Geo. III c.
24.
4
Geo. III. c.
19.
Mar. Stat. I
Perſon who ſhall hinder any Officer in going on board any Veſſel and ſearching,
fhall forfeit 401.
Ditto, S. 24:
If any foreign Salt be put on Shore before Entry or the Duty paid, or without
a Warrant, the Perſon landing the ſame, or conveying it from the Shore, or aſa
fiſting therein, ſhall, over and above the Penalties already given, forfeit 100l.
Ditto, S. 25 On reſhipping any Salt, Britiſh or Foreign, from any Boat into any Ship,
and before any Diſpatches for the Salt ſo rethipped be granted, the Maſter, &c.
that comes along with the Salt to be ſhipped on board another Vefſel, ſhall make
Oath before the Salt Officer, that all the Salt he took in is truely reſhipped,
and that there was no Salt added to it, or taken from it, to the beſt of his Know-
ledge, on Penalty of forfeiting double the Value of the Salt, that ſhall be other-
wiſe reſhipped, and alſo ios. per Buſhel.
5 Geo. III. c.
Salt landed without the preſence of any Officer, is forfeited, with ros. per
43. S. 40.
Buſhel; and the Veſſel out of which it ſhall be taken, with the Tackle and
Furniture forfeited; and every Perſon concerned therein ſhall forfeit 201.
Ditto, S. 41. Officers for the Duty of Salt, meeting any Perſon conveying Salt by Land or
Water, by Day or Night, may demand a Sight of the Permit, and may at their
own Expence weigh the Salt; and if it be found more in weight than contained
in the Permit, the Surpluſage ſhall be forfeited; and the Perſons conveying the
fame, ſhall be liable to the ſame Penalties and Forfeitures, as Perſons are liable
to for removing Salt without due Entry.
Perſons obſtructing or abuſing Officers, in the Execution of their Duty, ſhall
forfeit 2ol. for every Offence.
Salt
may be imported from any Part of Europe to Nova Scotia; It may alſo be
imported into Quebec.
The throwing of Silk is not a Manufacture within the Intention of the Act
Will and of Navigation, 12 Car. II. Cap. 18. and no thrown Silk of the Growth or
C. 9. S. 2.
Production of Turkey, Perſia, Eaft-Indies, or China, or of any Country or
Place (except only ſuch thrown Silk as ſhall be of the Growth, or Production
of Italy, Sicily, or of the Kingdom of Naples, and which ſhall be imported in
ſuch Ships, and navigated in ſuch Manner as in the Act is directed, and brought
from ſome of the Ports of thoſe Countries, whereof the fame is of the Growth
or Production, and which ſhall come directly by Sea, and not otherwiſe), ſhall
be imported into England, &c. upon the Forfeiture of all thrown Silk imported
contrary to this Act.
6 Geo. III. c. No foreign wrought Silks or Velvets, ſhall be imported into Great Britain, the
Iſlands of Jerſey, Guernſey, Alderney, Sark, or Man, on Forfeiture; and the
further Penalty of 100l. to be paid by the Importer, for each Piece or Rem-
nant, with Coſts of Suit.
Ditro, S. 13.
This not to extend to Eaſt Indian Silks or Velvets; or to Silks, Crapes, or
Tiffanies, the Manufacture of Italy.
Exportation of Raw Silk from Ireland, incurs the Forfeiture of the Silk, to-
5 Geo. III, c.
29. S. 4. gether with that of the Veſſel and Furniture.
1 Geo. I. c. The Treaſurer, Comptroller, Surveyor, Clerk of the Acts, and Commiffi-
25. S. 5.
oners of the Navy, or one of them, on Oath of one Witneſs, that his Majeſty's
Stores, &c. are conveyed into any Ship, being at Anchor, and not ready to fail
that Tide, within any of the Roads, Harbours, &c. in his Majeſty's Domi-
nions, may authoriſe any Perſons by their Warrant, (in which the Quantity and
Quality of ſuch Goods ſhall be ſpecified) in the Day-time to go on board ſuch
Ship, &c. and in Caſe of Reſiſtance to break open the Hatches, &c. and ſearch
for ſuch Goods, &c. and ſeize the ſame for his Majeſty's Uſe, unleſs the ſaid
Officers and Commiſſioners ſhall find, upon hearing of the Matter, that they
were unjuſtly ſeized, and thereupon reſtore them to the Party.
In Caſe the Maſter of any Ship ſhall bring into this Realm from Ireland, the
12 Ann Cap.
23. 8. 2. S. Ifle of Man, Jerſey, Guernſey, or Sicily, or any of the foreign Plantations,
any Rogue, Vagabond, or Beggar, or any other Perſon likely to live by begging,
being a Native of any of the ſaid Iſlands, or Plantations, and the Perſon fo
brought over fhall be apprehended wandering and begging, or otherwiſe miſor-
dering himſelf as aforeſaid, ſuch Maſter, &c. fhall forfeit 51. for eýery, Rogue,
&c. over and above ſuch Money as ſhall be neceſſary to defray the Charges that


1

28. S. 1.

24.
4
any
CAPTAINS, AND SAILORS.
71
any Conſtable ſhall be put to, by Means of apprehending and re-conveying
the Perſon; and the Conſtable or other Officer of any Pariſh where any Perſon
ſo brought over ſhall be found wandering and begging, or miſordering himſelf,
may cauſe him to be apprehended, and openly whipped, and after put on board
any Ship, to be ſet on Shore in the Place from whence he was brought, paying
for the Paſſage back of ſuch Perſon fuch Rate as the Juſtices at their Quarter-
Seſſions Thall appoint; and in Caſe ſuch Conſtable, &c. ſhall upon Oath make
appear before any Juſtice of Peace what Expence he hath been put to upon ſuch
Occaſion, it ſhall be lawful for ſuch Juſtice by Order to direct the Payment of
the Money ſo expended, as alſo of the Penalty of 5l. and in Caſe ſuch Maſter
&c. of the Ship ſhall neglect to pay the Monies upon Demand, it ſhall be
lawful for ſuch Juſtice by Warrant to levy the ſame by Diſtreſs, and Sale of the
Ship, or any Goods within the ſame, while remaining within the Juriſdiction
of ſuch Juſtice; and if the Maſter of the Ship ſhall be gone out of the Juriſ-
diction, &c. the ſaid Order of the Juſtice may be removed by Certiorari into
the Queen's Bench, and being filed, the Judges are required to direit Proceſs
for arreſting the Ship, and detaining the fame, until the Monies mentioned
in ſuch Order, together with the Charges of ſuch Proceſs be ſatisfied, or
otherwiſe to award Proceſs for levying the Monies by capias, fieri facias, or
elegit, againſt the Maſter or Owners of the Ship, as the Court ſhall think
proper.
Provided that in Cafe ſuch Maſter or Owners Thall in the ſaid Court Thew Ditto, S. 25.
any probable Ground of grievances by the faid Order, they may be admitted to
traverſe the ſame, giving Security in the Penalty of gol. to anſwer the Coſts of
ſuch Traverſe, in Cafe it be determined againſt them.
All Maſters of Ships bound for Ireland, the Iſles of Man, Jerſey, Guernſey, Ditto, S. 26.
or Sicily, ſhall upon Warrant to them directed of a Juſtice of Peace of the
County, &c. where ſuch Ship ſhall lie, take on board ſuch Vagrants as ſhall
be named in the Warrant, and convey them to ſuch Place in Ireland, the Iſle
of Man, Jerſey, Guernſey, or Sicily, as ſuch Ship ſhall be bound to, or arrive
at; and for the Charges thereof, the Conſtable, or the Perſon who ſerves him
with the Warrant, ſhall pay him ſuch Rate as the Quarter Seſſions ſhall appoint,
and ſuch Maſter ſhall on the Back of the Warrant ſign a Receipt for the Money,
and alſo for the Vagrants; which Warrant ſhall be produced to the Juſtice who
ſigned the ſame, and upon his Allowance thereof under his Hand, the Money
ſhall be repaid by the County; and every Maſter of ſuch Ship neglecting to re-
ceive or tranſport ſuch Vagrants, or to endorſe ſuch Receipt, ſhall forfeit 5l.
to levied by Diſtreſs, or Sale of the Ship, or any Goods within the fame, by
Warrant of any Juſtice of Peace for the fame County, &c.
Confirmed by 13 Geo. II. p. 478, and 479.
Maſters of Ships knowingly importing foreign cut Whale-Fins, or Whale- 4 and 5. Axne
Bone, ſhall forfeit gol. &c.
No Perſon ſhall export out of England, Wales, or Berwick, or from the Illes
C. 32. S. 2.
of Jerſey, or Guernſey, with Sark and Alderney (being under the Government
of Guernſey) or out of Ireland, into any Parts out of the Dominions aforeſaid,
any Sheep, or Wool, of the Breed' or Growth of England, or Ireland, or
Dominion aforeſaid, or any Woolfels, Mortlings, or Shorlings, or any Yarn
of Wool, or Wool-flocks, Fuller's Earth, or Fulling Clay; nor ſhall pack or
load upon any Horfe, Cart or Carriage, or lay on board any Ship or Veffel any
ſuch Sheep, Wool, &c. to the Intent to export the ſame.
No Wool, Woolfels, Mortlings, Shorlings, Yarn of Wool, Woolflocks, Ditto, S. 3.
Fuller's Earth, or Fulling Clay, ſhall be exported out of England, Wales, or
Ireland, unto the Iſles of Jerſey, Guernſey, Sark, or Alderney, except as in
this Act ſhall be appointed.
All Offences aforeſaid ſhall be ſubject to the Penalties following, viz. the Ditto, S. 4.
Sheep, Wools, &c. ſhall be forfeited, and every Offender Ihall forfeit 20s. for
every Sheep, and 3s. for every Pound of Wool, Woolfels, Mortlings, Shor-
lings, Yarn of Wool, Wool-Flocks, Fuller's-Earth, or Fulling Clay; and
the Owners of the Veſſel knowing ſuch Offence ſhall forfeit all their intereſt
in the Ships, and the Maſter and Mariners knowing ſuch Offence, and willing-
ly


C. 12. S. 6.
12 Car. II.

OF SHIPS, OWNERS,
bitto, S. 5.
ly afſifting thereunto, ſhall forfeit all their Goods, and have Impriſonment
three Months.
If any Perſon ſhall tranſport any Sheep, Wool, &c. contrary to this Act, and
bé thereof convicted, he ſhall be diſabled to require any Debt or Account of any
Factor or others, for any Debt or Eſtate, belonging to ſuch Offender, provided
that every Offence contrary to this Act may be inquired of, heard and deter-
Ditto, s. 6. mined, in the Country, where ſuch Sheep, Wool, &c. ſhall be packed or laid
on board, or in the Country where fuch Offenders ſhall be apprehended for ſuch
Offence.
Ditto, S. 7.
No Perſon ſhall be impeached for any Offence aforeſaid, unleſs ſuch Perſon be
proſecuted within one Ỹear next enſuing ſuch Offence.
Ditto, S. 8.
It ſhall be lawful for any Perſon to ſeize to his own Uſe, and to the Uſe of
the King, all ſuch Sheep, Wool, &c. as he ſhall diſcover to be laid on board,
in any Ship, or Boat, or to be laid on Shore near the Sea or any navigable
River, to the intent to be exported; and ſuch Perſon as ſhall ſeize any ſuch
Sheep, Wool, &c. ſhall have the Moiety thereof.
Ditto, S.9.
Such Perſon as fhall make any ſuch Seizure, ſhall not be admitted to give
Evidence upon his Oath, againſt any Perſon indicted by Virtue of this Act.
Ditto, S. 10.
Every ſhip or Boat, whereof any Alien born, or any natural born Subjects,
nöt inhabiting within the Realm, ſhall be Owner, or Part-Owner, and wherein
any Sheep, Wool, &c, ſhall be ſhipped contrary to this Act ſhall be forfeited to
the King.
Ditto, s. 11. This Act ſhall not extend to any Lamb-Skin ready dreſſed fit for Linings.
Ditto, S. 12.
This Act ſhall not extend to the Tranſporting of any ſuch Woolfels, or Pelts
with Wool upon them, or to any Beds ſtuffed with Flocks, which ſhall be em-
ployed in any Ship for neceſſary Uſe about the Ordnance, or other Thing, or
for the Ufe of the Perſons in ſuch Ship, and which ſhall not be ſold in foreign
Parts; nor to the Exporting of any Wether Sheep, or of the Wool growing
upon any ſuch, for the Food of the Company or Paſſengers.
Ditto, S. 13.
This Act thall not extend to any ſuch Wool to be exported from the Port of
Southampton, unto the Iſles of Jerſey and Guernſey, for the Uſe of the Inhabi-
tants of thoſe Iſles, ſo as ſuch Perſons as fhall thip ſuch Wool do, before the
Shipping, deliver unto the Cuſtomer, Comptroller, Surveyor, or Searcher, of
the Port of Southampton, a writing under the Seal of the Governor of the
fame Illes, which ſhall expreſs that the Party is authorized to export ſo much
Wool, expreſſing the Number of the Tods to the fame Iſles, to be uſed in one
of the fame Iſles, or in ſome of the Members of the fame, and that ſuch Party
hath entered into Bond to his Majeſty's Uſe, for the Landing the Wool in that
Ille. And the Quantity of Wool to be exported into the ſaid Illes in one Year,
to begin from the iſt of January, may not exceed the Quantity here-under
ſpecified, viz. to Jerſey two Thouſand Tods of unkembed Wool, and to Guern-
jey one Thouſand Tods of unkembed Wool, and to Alderney two Hundred Tods,
and to Sark one Hundred Tods, every Tod not exceeding thirty-two Pounds.
Confirmed by 13 Car. II. S. 14. And granted that one Thouſand Tods for Guernſey,
two Thouſand for Jerſey, two Hundred for Alderney, and one Hundred for
Sark, may be exported more than by this Act, by that of 1 Will. and Mary,
S. 1. C. 32. S. 14.
No Wool ſhall be ſhipped from Ireland, but from Dublin, Waterford, Youg-
Mar. St. c. ball, Kinſale, Cork, and Drogheda.
If
any Owner of any Ship, or any Maſter or Mariner, knowing of the Ex-
portation of any Sheep's-Wool, Woolfels, Mortlings, Shorlings, Yarn of
Wool, Wool-Flocks, Fullers-Earth, Fulling-Clay, or Tobacco-pipe Clay,
contrary to the Acts, ſhall within three Months after the Knowledge thereof,
or after his Return into England, Ireland, Berwick, or Wales, give the firſt
Information before any of the Barons of the Exchequer in England or Ireland,
or before the Head-Officer of any Port where he fhall firſt arrive, upon Oath
of the Number and Quantity of ſuch Sheep's-Wool, Woolfels, &c. fo exported,
and by whom, where and in what Ship, and ſhall be ready, upon Warning by
Proceſs, to juſtify the fame; ſuch Owners, Maſter, or Mariners, ſhall not be
liable to any of the Penalties.
Continued





1 Will. and
32. S. C.
Ditco, S. 8.
CAPTAINS, AND SAILORS.
73
7 and 8 Will.
ill. Cap. 28.
S. 3:
IO.
Continued indefinitely by 7 Will. III. Cap. 28. which is continued indefinitely,
by 9 Will. III. Cap. 40.
The Act i Will. and Mar. Cap. 32. ſhall continue.
It ſhall be lawful for any perſon from the Places in the ſaid Ad limited, to
import into England from Ireland, any Quantities of Wool, to the Ports here- Ditio Sect. 5.
after mentioned, viz. Whitebaven, Liverpoole, Cheſter, Briſtol, Bridgewater,
Minehead, Barnſtable, and Biddeford, and to no other.
All Certificates given for the landing of Wool from Ireland, or from one Ditto Sect. 7.
Port to another in England, ſhall be written upon Paper, not Parchment, and
the Quantities ſhall not be obliterated or interlined.
No Ship ſhall export any Wool, or any other of the Commodities aforeſaid, Ditto Se&. 8.
under Forfeiture of the Commodities and Veſſel, and treble the Value, with
treble Coſts; and the Inhabitants of the Hundred, Port, or Place exempt, next
adjoining to the Sea Coaſts, out of, or through which, any Wool, or other of
the Commodities aforeſaid, ſhall be fo exported, Thall forfeit 20l. if the Wool
be under the Value of 10l. but if it be of greater Value, then treble the Value
thereof ſo exported, as alſo treble Coſts.
All Perſons who ſhall be aſſiſting in carrying or exporting any of the faid Ditto Sect.
Commodities out of this Realm (being convicted) ſhall ſuffer three Years Im-
priſonment, and the Owner of the Wool, &c. and every Perſon aſſiſting in
carrying or exporting of them, ſhall anſwer treble the Value of ſuch Penalties,
which ſuch Inhabitants ſhall be ſo charged with, as alſo treble Cofts.
For preventing the Exportation of Wool, &c. the Commiſſioners for exe- Ditto S.a.
cuting the Office of Lord High Admiral, ſhall appoint one Ship of the fifth 14.
Rate, and two Ships of the fixth Rate, and four armed Sloops, conſtantly to
cruize off the North Foreland to the Iſle of Wight, with Orders for ſeiſing all
Veſſels which ſhall export Wool, &c.
Continued indefinitely by 9 Will. III. Cap. 40.
No Perſon ſhall export from Ireland into any Places, other than the Parts 10 and 11
within England or Wales, any Wool, Woolfels, Shorlings, Mortlings, Wool-Wills. III. C.
Flocks, Worſted, Bay, or Woollen Yarn. The Remainder of this Section,
which prohibited the Exportation of the Woollen Manufactures of Ireland to
foreign Parts, is repealed by 20 Geo. III. Cap. 6. already noticed in its proper
Place.
All Offenders aforeſaid ſhall be ſubject to the Penalties following, viz. the Ditto Sect. 2.
Wool, &c. ſhall be forfeited, and the Offenders ſhall forfeit sool. and every Ship
or Bottom, wherein any of the ſaid Commodities ſhall be ſhipped, or laid on
board, ſhall be forfeited; and the Maſter and Mariners, or any Porters, or other
Perſons, knowing ſuch Offence and aſſiſting therein, ihall forfeit 401.
It ſhall be lawful for any Perſon to feiſe and convey to his Majeſty's next Ditto S. 4.
Warehouſe, all ſuch Wool, &c. as he ſhall diſcover to be laid on board any
Ships; and it ſhall be lawful for any perſon to ſeiſe every ſuch Ship, wherein
any of the ſaid Commodities ſhall be ſhipped contrary to this Act.
For every Ship which ſhall fail from Ireland, in order to export any of the Ditto Seat.5.
Commodities aforeſaid to this Kingdom, Bond ſhall be given by two known
Inhabitants of or near the Place, to the chief Officers of the Cuſtoms belong-
ing to the Port in Ireland, in double the Value of the Goods, before the Ship
fall be permitted to lade any of the Commodities aforeſaid, with Condition,
that if the Ship ſhall take on board any of the ſaid Goods in Ireland, all the
ſaid Goods ſhall be brought by the fame Ship to ſome Port in England or Wales,
and ſhall there unlade the ſame, and pay the Duties thereof (the Danger of
the Seas excepted) and every Ship which ſhall lade any of the ſaid Goods, until
ſuch Bond be given, ſhall be forfeited as aforeſaid.
All ſuch Goods, exported from Ireland into this Kingdom or Wales, ſhall Ditto S. 10.
be ſhipped off at the Ports of Dublin, Waterford, Youghall
, Kinſale, Cork, and
Drogheda, and from no other Port; nor ſhall be imported into any Parts of
England or Wales, other than Biddeford, Barnſtable, Minehead, Bridgwater,
Briſtol, Milford-Haven, Cheſter, and Liverpoole.
See i Will. and Mar. St. 1. Cap. 32. Sect. 6. and 7: and 8 Will. III. Cap. 28.



Seet. 5.
U
74
OF SHIPS, OWNERS,
Ditto S. 14.
Ditto S. 17.
Ditto S. 19.
Ditto S. 20.
It ſhall be lawful to import from any of the aforeſaid Ports in Ireland, any
Wool, &c. into ſuch Ports of this Kingdom as aforeſaid, ſo as Notice be firſt
given to the Commiſſioners of his Majeſty's Cuſtoms in this Kingdom, or to
the Cuſtomer or Collector, in the Ports to which the ſame is to be brought,
of the Quantity, Quality, and Package, with the Marks and Numbers thereof,
the Name of the Ship and Maſter, and the Port into which they are to be im-
ported, and ſo as Bond be firſt entered into, to the Uſe of his Majeſty, with
one or more Sureties, in treble the value of the Goods, that the ſame ſhall
(Dangers of the Seas excepted) be landed accordingly, and ſo as a Licence be
firſt taken, under the Hands of the Commiſſioners of the Cuſtoms, or from the
Cuſtomer or Collector, where ſuch Bond is given for the Landing thereof,
which Licence they are to grant without Fee.
All Wool, Ships, or Boats, ſo ſeiſed, ſhall be forfeited, and ſuch Wool ſhall
be lodged in the King's Warehouſe, in ſuch Port where it ſhall be feiſed, or
into which it ſhall be brought, and, being condemned, ſhall be expoſed pub-
lickly to Sale after twenty-one Days Notice being given in Writing at the
Cuſtom-houſe of the Port, and on the Royal-Exchange of London, by Inch of
Candle to the beſt Bidder; and all Ships that ſhall be condemned as aforeſaid,
ſhall be expoſed to Sale in like Manner, &c.
No Wool, &c. of the Product or Manufacture of any of the Engliſh Planta-
tions in America, ſhall be laden on board any Ship, in any of the Engliſh Plan-
tations; as likewiſe no ſuch Wool, &c. being of the Product or Manufacture
of the Engliſh Plantations in America, ſhall be loaden upon any Horſe or Car-
riage, to the Intent to be exported, or conveyed out of the ſaid Plantations to
any other of the ſaid Plantations, or to any other Place, upon the like Penal-
ties upon every Offender, as are provided by this Act for the like Offences in
Ireland, &c.
Perſons who ſhall be guilty of any Offence, contrary to any Act of Parlia-
ment made for preventing the Exportation of Wool, may be proſecuted in any
of his Majeſty's Courts at Weſtminſter, and a Capias ſhall iſſue the firſt Proceſs,
ſpecifying the Sum of the Penalty, and ſuch Perſons ſhall give good Bail,
by natural born Subjects or Denizens, to appear in the Court at the Return of
ſuch Writ, and ſhall likewiſe give Bail by ſuch Perſons as aforeſaid, in Court,
to anſwer the Penalties in Cafe they be convict, or to yield their Bodies to
Priſon.
All Actions and Informations which ſhall be proſecuted, by Virtue of any
Act, for preventing the Exportation of Wool, or Woollen Manufactures, from
Ireland, ſhall be tried in any of the four Courts at Dublin, by a Jury of Free-
holders, to be ſummoned out of any other County, than that wherein the Fact
was committed; and the firſt three who have been aſſiſting in exporting of
Wool or Woollen Commodities, who ſhall inform any Juſtice of Peace thereof,
whereby the Puniſhment may be inflicted, ſuch Diſcoverer (not being the
Owner or Part-Owner' thereof) ſhall not ſuffer any of the Puniſhment.
If any Perſon ſhall be in Priſon for Want of Bail, for unlawful Exportation
of Wool or Woolfels, and ſhall refuſe to appear, or plead to a Declaration or
Information delivered to ſuch Perſon, or to the Gaoler, or Turnkey, by the
Space of one Term, Judgement ſhall be entered againſt him by Default; and,
in caſe Judgement be obtained againſt any ſuch Perſon, and he ſhall not pay the
Sum recovered within three Months after entering up of ſuch Judgement, the
Court ſhall, by Order, cauſe ſuch Offender to be tranſported in the ſame Man-
ner as Felons, for ſeven Years; and, if ſuch Offender ſhall return into Great-
Britain or Ireland, before the Expiration of the ſeven Years, he ſhall ſuffer as
a Felon without Benefit of Clergy.
The like Proviſion made for preventing the Exportation of Wool, in i Will.
and Mar. S. 1. Cap. 32. is directed to extend to Woolfels, Mortlings, Shor-
lings, Yarn of Wool, Wool-Flocks, Fullers-Earth, Fulling-Clay, and Tobac-
co-Pipe Clay, carried Coaſtwiſe.
All ſuch Wool, and other the Commodities mentioned in ļo and 11 Will. III.
Cap. 10. which ſhall 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 Act, Thall

3 Geo. I. c.

21. S. 5.
4 Geo. I, C.
JI, S, 6.

5
Geo. I. C.
II. S. 14.
Ditto S. 21.
3
be
ĈAPTAINS, AND SAILORS.
75
be forfeited, and the Offender ſhall be liable to the like Penalties, as Perſons
by that Act are ſubject to for exporting of Wool, &c.
The Commiſſioners for executing the Office of Lord High Admiral of Great-5 Geo. II. C.
Britain, ſhall appoint three Ships of the fixth Rate, and eight, or more, armed 21. S. 1.
Sloops, conſtantly to cruize on the coaſt of Great-Britain and Ireland, with
Orders for ſeiſing all Veſſels in which any Worſted, Bay or Woollen Yarn, or
any Drapery Stuffs, or Woollen Manufactures, made up or mixed with Wool
or Wool-Flocks, ſhall be exported or laden from Ireland into foreign Parts, &c.
See 10 and 11 Will. III. Cap. 10. Sect. 16.
It ſhall be lawful for the Commander of every ſuch Ship and Sloop, within Ditto S. 2a
the Limits of the Station aſſigned to ſuch Ship or Sloop, to enter and ſearch
any Veſſel; and, if any of the ſaid prohibited Commodities be found therein,
and the Maſter of ſuch Veſſel ſhall not immediately produce a Cocket or War-
rant, licenſing the Exportation thereof, to ſeiſe ſuch Veſſel, and to carry the
ſame with the Crew and Cargo into any Port in Great-Britain or Ireland.
Every ſuch Veffel, and all the ſaid prohibited Commodities found therein, Ditto S. 3.
ſhall be forfeited, and the ſaid prohibited Commodities ſhall be lodged in the
King's Warehouſe, in ſuch Port into which ſuch Veffel ſhall be carried, until it
be condemned; and, being condemned, ſhall be expoſed to Sale after twenty-
one Days Notice in Writing, affixed upon the Cuſtom-houſe of the Port, by
Inch of Candle, to the beſt Bidder; and every ſuch Veſſel ſhall, after Condem-
nation, be expoſed to Sale in like Manner, &c.
This Act ſhall not make void any other Penalties inflicted by any former Ditto S. 7.
Law upon the Exportation of Wool and Woollen Manufactures.
All Wool, and Woollen or Bay Yarn, Woolfels, Shorlings, Mortlings, Wool- 12 Geo. II.
Flocks, Worſted, Yarn, Cloth, Serge, Bays, Kerfies, Says, Frizes, Druggets, P. 438.
Cloth Serges, Shalloons, Stuffs, and other Draperies and Woollen Manufactures,
or mixed with Wool, or Wool-Flocks, which ſhall be exported from Ireland
after the 1ſt of May, 1740, into the Ports of this Kingdom hereafter men-
tioned, ſhall be ſhipped off
, and entered at the Ports of Dublin, Waterford,
Yougball, Kinfale, Cork, Drogheda, New Roſs, Newry, Wexford, Wicklow,
Sligoe, Limerick, Galway, and Dundalk, in the ſaid Kingdom of Ireland, and
from no other Port or Place; nor ſhall the ſame be imported into any Parts of
this Kingdom, other than the Ports of Biddeford, Barnſtaple, Minehead, Bridge-
water, Briſtol
, Milford-Haven, Chefter, and Liverpoole, in the ſame Manner as
if the ſaid Ports of Newry, Wexford, Wicklow, Sliga, Limerick, Galway, and
Dundalk, had been particularly named for Exportation of the ſaid Goods, in
the Act 10 and 11 Will. III. intitled, An A&t to prevent the Exportation of
Wool out of the Kingdom of Ireland and England, and for other Purpoſes therein
mentioned.
See the faid Act, Sect. 10.
By this A, Wool, &c. under the Reſtriction of the above Act, may be ex- 26 Geo. II.
ported from any Port of Ireland into any Port of England.
After the 25th of December, 1739, no Wool, or any of the ſaid Goods, ſhall
be loaden on board any Ship or Boat in Ireland, or imported from thence into
this Kingdom, but in ſuch Veſſels or Boats as ſhall be of the Built of Great-Britain
or Ireland, and wholly owned and manned by the Subjects of this Kingdom or
Ireland, and duly regiſtered in the Manner hereafter mentioned, under the Pe-
nalty of the Forfeiture of the ſaid Goods, or the Value thereof, and of the
Vefſel or Boat in which the ſame ſhall be laden, together with all her Ammu-
nition and Furniture.
After the 25th of December, 1739, no Ship or Velfel ſhall paſs as a Ship of P. 4399
the Built of Great-Britain or Ireland, ſo as to be qualified to take on board in any
of the Ports of Ireland, appointed for that Purpoſe, any Wool, or other the Species
beforementioned, in order to import the ſame into the Ports of Great-Britain,
in this Act appointed for that Purpoſe, until the Perſons claiming Property in
the ſaid Ship ihall regiſter the ſame as followeth, viz. Proof ſhall be inade upon
the Oath (or Affirmation, in Caſe the Perſon be a Quaker) of one or more of
the Owners, before the Collector and Comptroller of the Cuſtoms, in ſuch Port
of Great-Britain or Ireland reſpectively, to which ſuch Veſſel Thall belong:



which
76
OF SHIPS, OWNERS,
built of
P. 440.
which Oath or Affirmation the ſaid Officers are authoriſed to adminiſter in the
Tenor following:
| A. B. do make Oath (or being a Quaker, do folemnly affirm) that the Ship
of
whereof
is at preſent Maſter,
being
Tons, was built at
in the Year
and that
of
and
of
are af
preſent Owners thereof, and that no Foreigner, directly or indirectly, bath any Share,
Part, or Intereſt therein.
A Certificate of which Oath or Affirmation, atteſted by the Collector or Comp-
troller of the Cuſtoms, who adminiſtered the ſame, under their Hands and
Seals, ſhall, after having been regiſtered by them, be delivered to the Maſter
of the Ship for the Security of her Navigation, a Duplicate of which Regiſter
ſhall be tranſmitted to the Commiſſioners of the Cuſtoms in the Port of London,
to be entered in the general Regiſter, to be there kept by them for this Purpoſe.
No Ship's Name regiſtered Thall be afterwards changed, without regiſtering
ſuch Ship again (which is likewiſe to be done upon any Transfer of Property
to another Port) and delivering up the former Certificate to be cancelled, under
the ſame Penalties, and in the like Method as is before directed: And in Caſe
of any Alteration of Property, in the ſame Port, by the Sale of one or more
Shares in any Ship, after regiſtering thereof, ſuch Sale ſhall always be acknow-
ledged by Endorſement on the Certificate of the Regiſter before two Witneſ-
ſes, to prove that the entire Property of ſuch Ship remains to ſome of the Sub-
jects of Great-Britain or Ireland, if any Diſpute ariſes concerning the ſame.
After the faid 25th of December, 1739, no Coverlids, Waddings, or other
Manufactures, or pretended Manufactures, made of Wool, ſlightly ſtitched or
put together, ſo as the ſame may be reduced to, and made Uſe of as Wool
again, or Mattraſſes, or Beds ſtuffed with combed Wool, or Wool fit for comb-
ing, ſhall be exported from Great-Britain or Ireland, to Parts beyond the
Seas, under the like Penalties, which are by Law inflicted on Perſons concerned
in the Exportation of Wool:
No Wool, Woolfels, Mortlings, Shorlings, Wool-Flocks, Worſted, Bay, or
Woollen Yarn, ſhall be packed up in Great-Britain or Ireland, in any Box,
Cheſt, or other Package, but in Packs, or Truſſes of Leather or Canvas, com-
monly called Packcloth; and all ſuch Packs or Truſſes ſhall be marked on the
Outſide, with the reſpective Words WOOL, or YARN, in large Letters, not
leſs than three Inches in Length, under the Forfeiture of all ſuch Wool, or
other the Goods aforeſaid, with the Package, and 3s. for every Pound Weight
thereof, to be paid by the Owner or Packer.
No Wool, Woolfers, &c. Crewel, or Wool ſlightly manufactured as afore-
faid, ſhall, after the ſaid 25th of December, 1739, be put on board any Ship or
Boat, bound to Parts beyond the Seas, or ſhall be laden in order to be carried
coaſtwiſe, or from one Port of Great-Britain or Ireland to another, unleſs No-
tice be firſt given to the Commiſſioners of the Cuſtoms, or the Collector and
Comptroller of the Port, from which the fame is intended to be exported, of
the Quantity, Quality, and Package, together with the Marks and Numbers
thereof, with the Name of the Ship and Maſter, on which the ſaid Goods are
to be laden, as likewiſe the Names of the Owners of the ſaid Goods, and the
Places of their Abode, and the Port into which the ſame are intended to be
imported, and to whom configned; and, unleſs Bond be firſt entered into, to
the Uſe of his Majeſty, with one or more ſufficient Securities, in treble the
Value of the Goods intended to be carried coaſtwiſe, that the ſame ſhall (the
Dangers of the Seas excepted) be landed accordingly, Notice whereof ſhall be
forthwith tranſmitted by the Collector and Comptroller of the Port, from
whence the ſame ſhall be exported, to the Collector and Comptroller of the
Port to which the fame is intended to be imported, and Entry made in the Man-
ner required by this or any other Act; and, unleſs a Licence be alſo firſt taken
under the Hands of the Commiſſioners of the Cuſtoms, or any three of them,
P. 441.

P. 442.
5
Or

CAPTAINS, AND SAILORS.
77
or from the Collector and Comptroller where ſuch Bond is given, as aforeſaid,
which Licence they are to grant without any Charge to the Perſon demanding
the ſame ; and all ſuch Bonds, ſo entered into as aforeſaid, ſhall not be diſcharged,
but by producing a Certificate under the Hand and Seal of the Collector and
Comptroller of the Port in Great-Britain or Ireland, where ſuch Goods were
landed, ſetting forth the Quantity, Quality, and Package, together with the
Marks and Numbers thereof, with the Name of the Ship and Maſter out of
which ſuch Goods were landed; and all ſuch Bonds as ſhall remain undiſcharged
after fix Months, ſhall be tranſmitted to the Commiſſioners of the Cuſtoms in
Great-Britain, or the Commiffioners of the Revenue in Ireland, who are to
put them in Suit immediately: And if any Wool, Woolfels, &c. Crewels, or
Wool flightly manufactured, ſhall be laden on board any Veffel or Boat to be
carried coaſtwiſe, or from one Port to another, before ſuch Bond entered into,
and Licence taken out as aforeſaid, and before all the Directions of this and every
other Act, made to prevent the Tranſportation of any of the Goods aforeſaid,
ſhall be fully complied with, fo far as the ſame relate to the Exporter or Pro-
prietor of ſuch Goods; or if any of the ſaid Goods ſhall be laden on board any
Vefſel or Boat, bound to Parts beyond the Seas, then all ſuch Goods, or the Va-
lue, ſhall be forfeited, together with the Vefſel or Boat, and all her Ammuni-
tion and Furniture.
Nothing herein contained ſhall extend to alter or leſſen any other Security
now required by Law for Goods carried coaſtwiſe, or to repeal any Law now
in Force, made to prevent the Exportation of Wool, or any the Commodities
aforeſaid.
After the 25th of December, 1739, if the Maſter of any Veſſel employed in P. 448.
the clandeſtine Exporting from Great-Britain or Ireland to Parts beyond the
Seas, any Wool or other Goods before mentioned, or in the clandeſtine import-
ing from Ireland, any Woollen Cloth, Serges, Bays, or any other Drapery Stuffs
or Woollen Manufactures, made and manufactured in Ireland; or if the Mate,
or any of the Mariners ſhall give an Account in fix Months after Shipping or
Exporting any of the Goods before-mentioned, to the Commiſſioners of the
Cuſtoms in England or Scotland, or the Commiſſioners of the Revenue in Ireland,
reſpectively, of the Name of the Ship, and the Species, and Quantities of ſuch
Goods, fo clandeſtinely exported or ſhipped for Exportation, together with the
Names of the Owners, or Perſons who act in their Aid and Aſſiſtance, ſo as
they may be proſecuted and convicted for ſuch Offence; ſuch Maſter, Mate,
or Mariner, ſhall not only be indemnified for ſo doing, but ſhall be acquitted
and diſcharged from any Penalties they are by Law ſubject to for ſuch Offence,
and ſhall alſo receive three-fourth Parts of the Forfeitures, clear of Charges, &c.
If any Officer, or other Perſon that ſhall act in Aid of any Officer, in putting P. 450.
this Act in Execution, ſhall be obſtructed, wounded, or beaten, in ſeifing any
Wool, &c. either in the Day or Night Time, by Land or Water, the Perſons
who ſhall ſo obſtruct, &c. or any perſon who, being armed with offenſive Wea-
pons, or wearing any Maſk or other Diſguiſe, ſhall reſcue, or attempt to reſcue,
any of the Goods aforeſaid, which ſhall be ſeiſed by any Officer, and ſhall be
convicted of any of the ſaid Offences, ſhall be tranſported to ſome of the Plan-
tations in America, for ſuch Term as the Court, before whom ſuch Offenders
ſhall be convicted, ſhall think fit, not exceeding ſeven Years, in the ſame Man-
ner as by the Act 4 Geo. I. For the further preventing Robbery, Burglary, and
other Felonies, &c. and by another Act 1 Geo. I. For the preventing Robbery and
other Felonies, and for the more effettual Tranſportation of Felons, the Offenders
therein mentioned are to be tranſported to the ſaid Plantations; and, if any
ſuch Offenders ſhall return to Great Britain or Ireland, before the Expiration
of the Time for which they ſhall be tranſported, they ſhall ſuffer as Felons,
without the Benefit of Clergy,
Recites Part of the Acts of the 13th and 14th of Charles II. for prohibiting 20 Geo. III.
the Exportation of Wool, Woolfels, &c. by which the Removal of Wool, C. 55.
Woolfels, &c. from one Part of the Kingdom to another, is confined to certain
Hours of the Day, and after ſtating that the ſaid Reſtrictions have been found
very inconvenient, and in inany Caſes impracticable, for the Growers and Ma-
X
nufacturers



78
OF SHIPS, OWNERS,

5
Geo. II. C.
24. S. 3.
nufacturers of Wool to remove their Wool to be manufactured, or to the public
Markets and Fairs within the Times and Hours limited by the faid recited Acts,
repeals that Part of the ſame which relates to the ſaid Reſtrictions.
No Coffee ſhall be put on board any Ship in any of his Majeſty's Plantations
in America, until the Planter or his known Agent ſhall make Oath, or Affirmation,
before two Juſtices of Peace, that the ſame is of the Growth of ſuch Planter's
Plantation, which Oath, &c. ſhall be produced to the Collector, Comptroller,
and Naval Officer, by the Perſon who ſhall enter ſuch Coffee; and ſuch Perſons
ſhall likewiſe make Oath, or Affirmation, before the ſaid Officers, that the Coffee
then to be ſhipped is the ſame that is mentioned in ſuch Oath, &c. of the Plan-
ter ; and the Collector, and Comptroller, and Naval Officer, are required to de-
liver a Certificate of ſuch Affidavit to the Commander of ſuch Ship, on board
which the ſaid Coffee is to be ſhipped, and the Maſter of ſuch Ship ſhall, be-
fore clearing his Ship, alſo make Oath, that he has received ſuch Coffee on board,
and that he has no other Coffee on board than ſuch, for which Proofs ſhall be
made as aforeſaid, and that he will not take any more Coffee on board before
his Arrival in Great-Britain, and making a Report of his Lading there; for
which Affidavit and Certificate, the Collector, and Comptroller, or Naval Offi-
cer, ſhall receive 5s. and all Certificates of ſuch Affidavit ſhall, by the Com-
mander of ſuch Ship, be produced to the Collector and Comptroller of the
Cuſtoms, at the Port where ſuch Ship ſhall unlade, and the Maſter ſhall deliver
to ſuch Collector and Comptroller, a Certificate of the Collector and Comptrol-
ler of the Cuſtoms, and Naval Officer of the Place, where ſuch Coffee ſhall
have been ſhipped, or any two of them, teſtifying the particular Quantities of
fuch Coffee, and of which ſuch Proofs ſhall be made, ſpecifying the Package,
with the Marks, Numbers, and Weights of each Package; and the Maſter ſhall
likewiſe 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 ſuch Coffee at the Cuſtom-houſe, and pay-
ing or ſecuring the Duties, a Mark ſhall be ſet on every Parcel; and thereupon
ſuch Coffee ſhall be lodged in a Warehouſe, and the Importer ſhall deliver to
the Collector the Certificate of the Affidavit of the Growth of the Coffee, to-
gether with the Oath, and the Oath, or a Copy thereof, made by the Planter ;
as alſo the Certificate of the Package, Marks, and Numbers of the Coffee.
No Commander of any Ship ſhall take in at America or at Sea, or ſhall land in
of the ſaid Plantations, any Coffee of the Growth of any foreign Country,
except ſuch as ſhall be exported from Great-Britain, on Pain of forfeiting ſuch
Coffee and 2001. and likewiſe twelve Months Impriſonment.
If any Perſon ſhall falſely make Oath or Affirmation, by this Act directed,
and thereof be convicted, a. ſuch Perſon ſhall forfeit 200l. and be impriſoned
twelve Months; and if any Perſon ſhall forge a Certificate of the ſaid Oath or
Affirmation, or ſhall publiſh ſuch Certificate, knowing the ſame to be forged,
and be convicted in any of his Majeſty's Courts, ſuch Perſon ſhall forfeit 2001.
This Act ſhall continue to the 25th of March, 1739, and to the End of the
next Seſſion of Parliament.
Farther continued for ſeven Years, and to the End of the next Sefion of Parliament
by ni Geo. II. Cap, 18. farther continued for ſeven Years, and to the End of
the next Sefpon of Parliament by 19 Geo. II. P. 412. farther continued by
25 Geo. II. to 25_March, 1758; and farther by 32, Geo. II. till 24 June,
1766, and to the End of the then next Sefion of Parliament.
5 Geo. III. C.
Coffee ſhall not be imported but in Packages of 1121b. Nett at leaſt; and to
43. S. 33.
be ſtowed openly in the Hold of the Veſſel, on Forfeiture of the Goods and
Package ; which may be ſeiſed by any Officer of the Cuſtoms or Exciſe.
Coffee of the Britiſh Plantations in America, or foreign Coffee, which ſhall
have been warehouſed on the Continent of America, to pay only half the old
Subſidy on Importation, and to be warehouſed as directed, by 10 Geo. I. Cap.
10. Sect. 26. ſubject to the like Duties, Reſtrictions, and Regulations, if taken
out for home Conſumption; and to the like Securities, &c. if for Exporta-
tion, as Coffee warehouſed purſuant to that Statute.
Enact

Diito S. 4•
any
Ditto S. 5.
Ditto S. 6.
6 Geo. II. C.
52. S. 22.

CAPTAINS, AND SAILORS.
79
553
Enact that the Acts 12, 15, and 25 Car. II. ſo far as the fame extend to 12 Geo. II. P.
Sugar of the Growth and Produce of his Majeſty's Plantations in America, being 51: 552,
one of the Commodities enumerated in the ſaid Acts, ſhall be ratified and con-
firmed in all Reſpects whatſoever, except only as to ſuch Sugars, as by this Act
ſhall be permitted to be exported from the ſaid Sugar Colonies, by ſuch Per-
ſons, in ſuch Ships, to ſuch foreign countries, and under ſuch Regulations as
are herein deſcribed and appointed for that Purpoſe.
After 29 September, 1739, any of his Majeſty's Subjects, in any Vefſel built in
Great-Britain, and navigated according to Law, and belonging to any of his
Majeſty's Subjects, of which the major Part ſhall be reſiding in Great-Britain,
and the Reſidue reſiding either in Great-Britain or ſome of the ſaid Sugar Co-
lonies, and not elſewhere, that ſhall clear outwards in any Port of Great-Bri-
tain for any of the ſaid Colonies, may load in the ſaid Colonies any Sugars of
the Growth and Manufacture of the ſaid Colonies, and may carry the fame to
any foreign Part of Europe, provided a Licence be firſt taken out for that Pur-
poſe, under the Hands of the Commiſſioners of the Cuſtoms at London or Edin-
burgh, ſubject to the Regulations, and on the Conditions hereafter mentioned,
viz. that Notice be firſt given by the Maſter in Writing, or one of the Owners
of ſuch Veſſel, to the Collector and Comptroller of the Port where ſuch Vefiel
happens to be, of the intention of ſuch Maſter or Owner, that ſuch Ship ſhall
proceed to ſome of the ſaid Sugar Colonies to lade Sugars to be carried to fome
other Part of Europe than Great-Britain ; and that ſuch Maſter or Owner, ihall Page 554.
enter into Bond, to the Uſe of his Majeſty, with one or more fufficient Secu-
rities, in the Sum of 1000l, if the Ship be of leſs Burthen than 100 Tons; and
in the Sum of 2000l. if ſhe be of that, or greater Burthen, with Condition,
that in Caſe a Licence be granted to carry Sugars from the ſaid Sugar Colonies
to foreign Parts, ſuch Ship ſhall proceed from Great-Britain to the ſaid Colo-
nies, and ſhall deliver the Licence to the Naval Officer there, in Caſe he intends
to make Uſe of the Liberty granted by ſuch Licence, which he ſhall declare in
Writing to the Naval Officer before he takes any Goods on board; and that in
ſuch Cafe no Tobacco, Melaſſes, Ginger, Cotton Wool, Indico, Fuſtic, or other
dying Wood, Tar, Pitch, Turpentine, Hemp, Maſts, Yards, Bowſprits, Copper
Ore, Beaver Skins, or other Furs, of the Growth and Manufacture of
any
Bria
tiſh Plantation in America, ſhall be taken on board ſuch Ship, unleſs for the
neceſſary Proviſions in her Voyage; and that ſuch Ship before the proceeds to
any foreign Port ſhall touch at ſome Port in Great-Britain, and that the Maſter
or Commander ſhall deliver to the Collector and Comptroller of ſuch Port a
new Manifeſt, atteſted upon Oath (or if a Quaker by Affirmation) of the Lading,
mentioning the Marks, Numbers, Package, and Contents of all the Goods on
board ; and ſhall alſo bring back the ſaid Licence, with a Certificate endorſed
or affixed thereto, containing an Account of the Marks, Numbers, Package,
Contents, and Sorts of Sugars on board ſuch Ship, in the Manner hereafter di-
rected; and that when ſuch Ship hath diſcharged her Lading (the Danger of P.555.
the Seas and Enemies excepted) ſhe ſhall return to Great-Britain within eight
Months after ſhe has delivered her Lading in any Foreign Part, and before fhe
returns to any of the Plantations in America ; and that in Caſe ſuch Veſſel ſhould
take on board any Merchandizes before her Return to Great-Britain, all fuch
Merchandizes that ſhall remain on board the ſaid Ship on her Arrival in Great-
Britain ſhall be entered and landed, in like Manner as other Ships importing
Goods into this Kingdom are obliged to do by the Laws of the Cuſtoms, or
otherwiſe ſuch Bond ſhall be forfeited.
Upon ſuch Bond being entered into, and the other Requiſites being duly
complied with, a Licence ſhall be granted accordingly, giving Liberty, for that
Voyage only, to carry Sugars of the Growth of the ſaid Sugar Colonies to any
foreign Part, in the Manner and according to the Intention of this Act; but no
Ship ſhall have Licence to carry Sugars to foreign Parts, unleſs it firſt appear by
Oath (or Affirmation) of the Maſter, that the Property thereof is in his Majeſty's
Subjects, of which the major Part are reſiding in Great-Britain, and the Reſi-
due either in Great-Britain or in ſome of the ſaid Sugar Colonies, and not elſe-
where; ſuch Oath or Affirmation to be in the Form hereafter mentioned, viz.
A. B.


20
OF SHIPS, OWNERS,

Ctore ſuch Veſſel ſhall
A. B. maketh Oath
for ſolemnly declares and
afirms) that the (Ship or Velfel)
called the (Name) whereof be this Deponent or Afirmant) is Maſter,
and hath the Charge and Command for this preſent Voyage to (Place bound to) being
(deſcribe the Built) (Ship or Veſel) of the Burthen of (Number) Tons, was built
at (Place) in the Year (Time when) and that the ſaid (Ship or Veffel) is wholly
owned by the (Perſon or Perſons) whole (Name or Names) and uſual (Place or
P. 556.
Places) of Abode (is or are) undermentioned and deſcribed by this Deponent or Af-
firmant; that ſuch (Owner or Owners) (is or are his Majeſty's Britiſh (Subject
or Subjects) and that no Foreigner, directly or indirectly, hath any Share, Part, or
Intereſt in the faid (Ship or Vefel) to the beſt of this (Deponent's or Affirmant's)
Knowledge or Belief; and that he, this (Deponent or Affirmant) and three-fourths
of the Mariners navigating the ſaid (Ship or Veſel) are his Majeſty's Britiſh
Subjects.
If any Veſſel licenſed by Virtue of this Act ſhall take on board in any of the
Sugar Iſlands, or in her Voyage from thence, any Sugars er other Goods, being
the Property of any other Perſon, than fome of his Majeſty's Subjects, and ſuch
as ſhall be laden on their proper Riſk and Account to be carried to foreign Parts,
the ſame ſhall be forfeited.
Before any Sugar be put on board any Veſſel at the ſaid Colonies, to be car-
ried to any foreign Port in Europe, the Maſter ſhall deliver to the Collector of
the Port where ſuch Ship is to take in her Lading, the ſaid Licence, ſigned by
the Commiſſioners of the Cuſtoms, and a Certificate of ſuch Bond having been
given in Great-Britain as aforeſaid, and ſhall declare in Writing to the Collec-
tor, whether he intends to load any Sugar purſuant to ſuch Licence, which ſhall
be done before any Goods are laden on board ſuch Veſſel, otherwiſe ſuch Licence
ſhall be of no Force; but if it be declared that Sugars are intended to be laden,
and carried to foreign Parts, then, in order to aſcertain the Quantity, &c. of
the Sugars to be exported from the ſaid Colonies, and to prevent the Exporta-
tion of any Goods before enumerated, the Perſon intending to export Sugars,
or other Goods not enumerated, in ſuch Veſſel, ſhall, before the ſame are put
on board, make an Entry of ſuch Sugars, or other Goods, with the Comptrol-
ler of the Cuſtoms and the naval Officer, expreſſing the Name of the Ship and
Maſter, and where ſhe lies; and alſo the Keys and Wharfs where they are to
be laden, or firſt Water-borne, in order to be laden ; which ſhall be ſuch only
where an Officer is or ſhall be appointed to attend the ſhipping thereof, or at
ſuch Places as ſhall be mentioned in a Warrant to be taken out from the Comp-
troller for that Purpoſe ; and ſhall thereupon take out a Warrant, whereon Mall
be endorſed by the Exporter, the Marks, Numbers, Contents, Sorts, or proper
Denomination of ſuch Sugars, and ſhall deliver the Warrant ſo endorſed to the
Searcher, and ſhall lade ſuch Sugars in the Preſence of ſuch Officer, or at the
Places mentioned in the faid Warrant, that the proper Officers may attend the
Shipping thereof; and ſuch Officers are impowered to examine the ſame, before
they are put on board ; and if, upon examining the ſaid Sugars or any Goods
fhipped or brought to be ſhipped as ſuch, either before or after the Shipping
thereof, the Number of Caſks ſhall appear to be greater than endorſed on ſuch
Warrant, or if there be found any other Sugar but ſuch as ſhall be ſo endorſed,
taken out, and delivered as aforeſaid, or any of the Goods before enumerated,
which by Law are to be carried from thence only to Great-Britain, or ſome of
his Majeſty's other Plantations; or if it be diſcovered that any enumerated
Goods, other than Sugar, have been put on board any Veſſel having Liberty to
trade by Virtue of this Act, or ſhall be brought to be ſhipped on board fuch
Veffel, or ſhall be put into any Boat, &c. in order to be put on board ſuch Vef-
P. 538.
ſel, before ſuch Entry, or taking out, endorſing, and delivering of ſuch War-
rants, contrary to the Directions of this Act, all ſuch Sugar and other Goods
ſhall be forfeited, and the Veffel or Carriage employed in thipping or attempting
to ſhip'any enumerated Goods, other than Sugars, together with the Veffel on
which ſuch other Goods ſhall be laden, and the Owner of ſuch Sugar or other

P. 554.
I
CAPTAINS, AND SAILORS.
depart with the Sugar, the Maſter ſhall receive the ſaid Licence from the Compa
troller and Naval Officer, with a Certificate under their Seals of Office, contain-
ing an Account of the Marks, &c. of each Cafk of Sugar fó ſhipped ; and the
other Officers aforeſaid are to make two Copies of ſuch Licence and Certifi-
cates; for all which Entries, &c. or Copies, no more ſhall be taken than the
accuſtomed Fees; and the Maſter, before he receives the faid Licence, ſhall atteſt
the ſaid Copies underhis Hand, which are to be left with the Collector, and Comp-
troller, and Naval Officer; and the faid Collector and Comptroller are required, as
foon as conveniently they can, to tranſmit one of the ſaid Copies to the Commiſ-
fioners of the Cuſtoms in Great-Britain, by whom the Licence was granted when
the Ship failed from Great-Britain; and the Maſter ſhall proceed from the faid
Colonies directly to Great-Britain, without putting into any other Port unleſs P. 559.
forced by Streſs of Weather; Proof whereof ſhall be made on Oath to the Satisfac,
tion of the Commiſſioners; and on the Return of ſuch Ship to Great-Britain, the
Mafter ſhall produce the faid Licence to the Commiſſioners, or to the Collector
of the Port at which he ſhall arrive, with the Endorſement or Certificate annex-
ed as before directed, and ſhall alſo deliver a true Manifeft, expreſſing the Marks
and Numbers, with the Tale and Sorts of Calks of all his Lading, atteſted
upon Oath (or if a Quaker, by Affirmation) before the Collector and Comptrol-
ler of ſuch Port who are impowered to adminiſter the fame; and ſhall alſo
make an Entry of the Quantities and Sorts of all the Sugars laden on board
the ſaid Ship at any of the faid Colonies, and then remaining on board and
bound to foreign Parts (which Entry the faid Collector and Comptroller are
to paſs, without demanding any Duties for ſuch Sugar; mentioning in their
Account, that ſuch Entries were paſſed by Virtue of this Act) and ſhall alſo
declare
upon Oath or Affirmation to what foreign Ports he is bound with ſuch
Lading, then ſuch Maſter ſhall be at Liberty to proceed with all the Goods on
board mentioned in the ſaid Manifeſt, being none of the Goods before enu-
merated, to any foreign Port, without being obliged to land, or pay Duty for
the ſame, as aforeſaid, taking with him the ſaid Licence, and a Certificate un-
der the Seals of Office from the ſaid Collector and Comptroller, teſtifying that
the ſaid Ship had touched at ſuch Port, and had in all Reſpects complied with
the Directions of this Act; but if any ſuch Veſſel ſhall proceed to any foreign P. 560.
Part without having firſt touched at ſome Port in Great-Britain, and having
complied with the Directions of this Act, and having the ſame certified as
aforeſaid; or if any of the Goods before enumerated, beſides Sugars, ſhall be
found on board, or carried by any ſuch Vefſel to any foreign Parts, then the
Liberty granted by ſuch Licence ſhall become void, and ſuch Vefſel, and alſo the
Maſter, and all others concerned, ſhall be liable to the fame Penalties as they
would have been liable to if this Act had not been made
If the Commiſſioners of the Cuſtoms in Great-Britain, or the Collector and
Comptroller of the Port where the Veſſel hall touch, ſhall, upon Information
on Oath, have Cauſe to ſuſpect that fome enumerated Goods, other than Sugars,
are on board fuch Veſſel, and ſhall thereupon judge it neceſſary to unlade the
Goods from ſuch Ship, or any Part thereof; in ſuch caſe, the Officers of the
Cuſtoms, or any Perſons employed by them, may enter and remain on board
ſuch Ship, and unlade the ſame or any Part thereof, as they ſhall judge ne-
ceſſary, to enable them to examine any Part of ſuch Ship and all the Goods on
board, and detain her ſo long as ſhall be neceſſary for the Purpoſe, and alſo
may open and examine any Cabins, &c. or any Concealments, or other Places
in the Sides of ſuch Ship or any Part thereof, or any Trunk, Caſk, &c. to
diſcover whether any more, or other Goods are on board, than ſuch as are P. 561,
mentioned in the Manifeſt delivered by the Maſter, and may ſeize all Goods
not mentioned therein, which ſhall be forfeited; but in Caſe no Goods be
found on board but what are mentioned in the ſaid Manifeſt, then the Officers
who ſhall unload or unpack any Goods ſhall re-load and re-pack the ſame,
and repair ſuch Damage as ſhall be done by unloading or unpacking thereof,
without being liable to any other Coſts for Demurrage, or on any other Ac-
count whatſoever ; but if any other Goods are found on board beſides ſuch as
are mentioned in the Maſter's Manifeſt (except the neceſſary Proviſions of the
Y
Ship)



OF SHIPS, OWNERS,
P. 562.
@ca
being duly complied with, the Bond given before granting ſuch Licence ſhall
Ship) then the Maſter ſhall be at the Charge of re-loading and re-packing all
the Goods unladen or opened, and of repairing all other Damages occaſioned
thereby; and the Officers concerned ſhall not be at any Expence, or be
liable to any Coſts whatſoever.
If any Ship ſhall have on board any Sugar, for which Licence ſhall have
been granted as aforeſaid, or any other Goods not enumerated in the Ac be-
fore-mentioned, and the Owners, or their Agent, on the Arrival of ſuch Ship
in Great-Britain, ſhall be deſirous to enter and pay the Duty, and land the
Goods, or any Part thereof, they ſhall have Liberty ſo to do, the Maſter firſt
making a Report of his whole Lading with the proper Officers of the Cuf-
toms, in like Manner as he was required to do before the making of this
Act.
If the Maſter, or Perſon taking Charge of any Veſſel, for which a Licence
has been granted, ſhall, on his Arrival in any of the ſaid Sugar Colonies have
delivered to the Collector, Comptroller, or Naval Officer, the ſaid Licence,
with a Certificate of Bond being given in Great-Britain, as aforeſaid; and be-
fore he lades any Goods ſhall declare in writing, upon Oath, or Affirmation,
before any two of them, that the Sugars he intends to load are to be carried to
ſome Place to the Southward of Cape Finiſterre; then the ſaid Maſter may, in
Caſe he has in all Reſpects complied with the Directions of this Act, pro-
ceed thither direály with ſuch Veffel, taking with him ſuch Licence and
Oath, or Affirmation, endorſed thereon by the Collector, &c. together with
an Account of the Marks
,
of Sugars laden by Virtue of ſuch Licence,
likewiſe endorſed thereon, or contained in a Certificate annexed, in the Man-
ner before directed, and may there land the ſame, without firſt touching at any
Port in Great-Britain; but in ſuch Caſe the Maſter ſhall within eight Months
after landing the ſaid Sugars, and before ſuch Veffel ſhall go again to any of
the Plantations in America, return to ſome Port of Great-Britain, and there de-
liver his ſaid Licence to the Commiſſioners of the Cuſtoms, or the Collector
and Comptroller of ſuch Port, with ſuch Oath or Affirmation endorſed thereon,
and Certificate annexed thereto as aforeſaid, together with a Certificate from
the Conſul or two known Britiſh Merchants of good Credit, reſiding at the
Places where ſuch Sugars were landed, teſtifying the Landing thereof as afore-
ſaid; and the Maſter Thall likewiſe make Oath or Affirmation before the Col-
lector to the Truth of ſuch Certificate, and that none of the Goods before
enumerated, except Sugar, were taken on board at any of the ſaid Colonies, or
landed at the Place mentioned in the Certificate; and ſhall likewiſe make an
Entry with ſuch Collector, of the Quantity and Sorts of all the Sugars laden on
board the ſaid Ship at any of the ſaid Colonies, and landed at any Port to the
Southward of Cape Finiſterre, which Entry the Collector or Comptroller are
to paſs, without demanding any Duties for the ſame, mentioning in their Ac-
counts, that ſuch Entries were paſſed, by Virtue of this Act; and in Caſe the
ſaid Maſter ſhall neglect or refuſe to make ſuch Entry on his Return to
Great-Britain, he ſhall forfeit 100l.
Upon the Return to Great-Britain of any Ship or Veſſel which ſhall carry
Sugars from the Sugar Colonies to any foreign Parts, the Maſter ſhall, in ei-
ther Caſe before-mentioned, bring back, and deliver to the Commiſſioners of
the Cuſtoms, or to the Collector of the Port where ſuch Veſſel ſhall arrive,
the ſaid Licence, together with a Certificate, ſigned and ſealed by the Conſul,
or two known Britiſh Merchants of good Credit, at the Port where ſuch Su-
gar was landed, certifying the Landing thereof, with the Number of Caſks
landed, and the Mark, Number, and Contents of each Caſk, with the Name
of the Ship and Maſter, and that they verily believe that no Tobacco, or
other Goods before enumerated, except Sugar, have been there landed out of
ſuch Vefſel; and upon ſuch Licence being returned, with the Oath or Affirm-
ation of the Maſter, and an Account of the Lading endorſed thereon, or an-
nexed thereto as aforeſaid; and the ſeveral other Things required by this Act
be diſcharged and delivered up; otherwiſe ſuch Bond ſhall be forfeited, and
may be proſecuted in the Manner directed by this A&t.



P. 563.
P. 564.
3
In
CAPTAINS, AND SAILORS.
1
In Caſe ariy Ship or Veſſel ſhall, after unloading ſuch Sugars, or any Part
thereof, take on board any Goods before her Return to Great-Britain, all ſuch
of the ſaid Goods as remain on board at her Arrival in Great-Britain, ſhall be
entered and Landed on the Return of ſuch Veffel to Great-Britain, and be-
fore her Departure from thence, and ſhall be ſubject to ſuch Regulations, as
the like Goods imported in any other Ship are ſubject to by the Laws of the
Cuſtoms.
This Act not to excuſe any Veffel trading to or from the ſaid Sugar Colo-
nies being regiſtered purſuant to the Act 7 and 8 Will. III. on Proof of the
Property made by one or more of the Owners in the Manner, and under the
Penalties inflicted by the faid Act.
No Maſter or Owner of any Veffel carrying Sugars, as aforeſaid, ſhall ad- P. 565.
vance to any Mariner during the Time he ſhall be in Parts beyond the Seas any
Money or Effects, upon Account of Wages, exceeding one Moiety of the whole
Wages due from the Time of his Departure from Great-Britain till ſuch Vef-
fel thall return to Great-Britain, and if any Maſter or Owner ſhall advance any
Wages to any Seaman above the ſaid Moiety, ſuch Maſter or Owner ſhall
forfeit double the Money he ſhall ſo advance.
If any Perſon ſhall grant any falſe Certificate, or counterfeit, eraſe, or alter
any Licence, Oath, or Certificate, made purſuant to this Act, or ſhall know-
ingly publiſh or make uſe thereof, ſuch Perſon Thall forfeit sool. to be re-
covered, and diſpoſed of in the Manner directed by this Act, and ſuch Licence,
&c. fhall be void.
Nothing in this Act ſhall be conſtrued to give Liberty to carry Sugars from P. 566.
any of the ſaid Sugar Colonies to Ireland. (This Clauſe is repealed by 20 Geo. III.)
This Act ſhall continue in force five Years, from the 29th of September,
1739, and from thence to the End of the next Seſſion of Parliament.
Further continued till the 24th of June, 1751, and to the End of the then next
Seſſion of Parliament, by 17 Geo. II. p. 753. By 24 Geo. II. until 1 Sept.
1757. By 29 Geo. II. for three years. And by 31 Geo. II. until 29 Sept. 1761.
By an Aci paſſed 7 and 8 Will. III. for preventing Frauds, and regulating 15 and 16
Abuſes in the Plantation Trade; and by another Act of 5 Anne, for an Union Geo
. 11. P.
of the two Kingdoms of England and Scotland, no Ship or Veſſel ſhall paſs as a
Ship of the Built and Property of Great-Britain, Ireland, Guernſey, Jerſey, or
any of his Majeſty's Plantations in America, or a Prize Ship made free, ſo as
to be qualified to trade to, from, or in any of the ſaid Plantations, till the
Perſons claiming Property therein ſhall make Oath, and regiſter the ſame in P. 712.
Manner therein directed; and if any Ship’s Name ſo regiſtered ſhall be altered,
or any Transfer of Property to another Port, ſuch Ship is thereby directed to
be regiſtered de Novo, on delivering up the former Certificate to be cancelled;
and if the Property be altered in the ſame Port by the Sale of Shares in any Ship,
after regiſtering, ſuch Sale is to be acknowledged, by endorſing on the Regiſter
before two Witneſſes ; notwithſtanding which the Certificates of the Regiſter
of ſeveral Ships have been frequently ſold to Foreigners and delivered to the
Purchaſers; and the Ships of Foreigners under Colour thereof have been ad-
mitted to trade to and from the Plantations (tho’ of foreign Extraction) contra-
ry to Law, to the Prejudice of the Navigation of Great-Britain and the Plan-
tations; for preventing which it is enacted, that after the 25th of December
1742, no Ship or Vefſel required by the ſaid Acts to be regiſtered, and carry-
ing Merchandizes to and from any of his Majeſty's Plantations in America, or
to and from one Plantation to another, ſhall be deemed qualified to trade with-
in the Intent of the faid Acts, till the Maſter, or Perfon having Charge of
the Ship, ſhall upon Oath or Affirmation before the Governor or Collector of
the Cuſtoms, of every the ſaid Plantations where they ſhall arrive, give a juſt
and true Account of the Name and Burthen thereof, and of the Place from
whence ſhe came, and of all Particulars, in the following Form, viz.
A. B. maketh Oath (or, if a Quaker, folemnly affirms that the Ship or Veſſel
,
• called the
whereof he, this Deponent or Afirmant,
is, Maſter, or hath the Charge and Commmand, during this preſent Voyage, being of
the Burthen of
Tons came laſt from




711.

and
4
OF SHIPS, OWNERS,

1.713
>
and that ſhe is, as he verily believes, the fame Ship or Veſel deſcribed, meant, and
intended in, and by, the Certificate now produced by him; and that the ſame does
now, as he believes, belong wholly to his Majeſty's Britiſh Subječts, and that no Fo-
reigner has, directly or indirectly, any Share, Property, or Intereſt therein, to his
Knowledge or Belief.
If any Ship or Veffel ſhall load or unload any Goods &c. in any of the
Plantations in America, before ſuch Proof be made, the ſame ſhall be forfeited,
and may be proſecuted, recovered, and divided, in like Manner as if ſhe had not
been regiſtered, as directed in the Act 7 and 8 Will. III.
After the 25th of December, 1742, if any Ship or Veſſel duly qualified to
trade to, and from, and in his Majeſty's Plantations, ſhall happen to be in any
of the ſaid Plantations, and the Certificate of the Regiſter shall be loſt or miſ-
laid, the Maſter or other Perſon having the Charge of the ſaid Ship or Veſſel,
may make Oath, or Affirmation, before the Governor or Collector of the Cuſtoms,
in the Port where the Ship or Veſſel ſhall happen to be, in the following
Form:
A. B. being Maſter, or having the Charge of the Ship or Velfel called the
does fwear (or ſolemnly affirm) that the ſaid Ship or Veſſel
bas been, as he verily believes, regiſtered according to Law, to qualify her to trade
to, from, and in his Majeſty's Plantations in America, and that he had a Certificate
thereof, granted at the Port of
but that the ſame is loft or miſaid,
and that he cannot find the ſame, and does not know where the ſame is, or what is
become thereof, and that the ſame hath not been, nor ſhall be, with his Privity or
Knowledge fold or diſpoſed of to any Perſon or Perſons whatſoever ; and that he, this
Deponent or Afirmant, and three-fourths of the Mariners navigating the ſaid Ship
or Veſſel are his Majeſty's Britiſh Subjects, and the ſaid Ship or Veſſel does now, as
he believes, belong wholly to his Majeſty's Britiſh Subjects, and that no Foreigner
has, to his Knowledge or Belief, any Share, Property, or Intereſt therein.
The ſaid Maſter, or other Perſon navigating the ſaid Ship or Veffel, ſhall give
gool. Security, if the Ship be of one hundred Tons Burthen or under, and to in
Proportion for any greater Burthen, to the Collector of the Port where the Ship
ſhall be, in his Majeſty's Name and to his Uſe, with Condition that the Ship
was duly regiſtered according to Law, for qualifying the ſame to trade to, from,
or in his Majeſty's Plantations in America; and that the Certificate of the ſaid
Regiſter, if found, ſhall be delivered up to the Commiſſioners of the Cuftoms,
to be cancelled, and that no illegal Uſe has been, or ſhall be made thereof; that
the ſame has not been, or ſhall be fraudulently diſpoſed of; that the ſaid Ship
or Veſſel wholly belongs to Britiſh Subjects; and that no Foreigner has any
Share, Property, or Intereſt therein; and on making ſuch Oath, or Affirma
tion, and giving ſuch Bond, the Governor and Collector of the Cuſtoms ſhall
freely give the Maſter, &c. of ſuch Ship or Veffel a freſh Certificate, which
ſhall enable him to trade for that Voyage only; and the Officers taking the
faid Oath and Bond ſhall tranſmit an Account thereof to the Commiſſioners of
the Cuſtoms.
If the Certificate of the Regiſter of any Ship be loſt, and the Maſter, or Per-
fon having Charge of the Ship, and one or more of the Owners, ſhall make
Proof to the Satisfaction of the Commiffioners of the Cuſtoms, in Caſe the
Owners, or any of them, ſhall reſide in Great-Britain or Ireland, Guernſey, or
Jerſey; or.of the Governor, or Collector of the Cuſtoms, reſiding in any of his
Majeſty's Plantations in America, if ſhe was regiſtered in ſuch Plantation ;
and none of the Owners ſhall reſide in Great Britain or Ireland, Guernſey, or
Jerſey, upon Oath, or Affirmation, of the Loſs of ſuch Certificate, alſo of the
Name, Burthen, Built, Property, and other Particulars required by the Act
7 and 8 Will. III. in the fame Manner, and before the ſame Perſons as are re-
quired on original Regiſters, and ſhall give sool. Security, if the Ship be of one
hundred Tons, and fo in Proportion for any greater Burthen, to the Collector
of the Port where the Ship ſhall belong, and that the original Certificate hath
not been, nor ſhall be fraudulently diſpoſed of, or uſed contrary to Law; and

7.714

ز
5
that
CAPTAINS, AND SAILORS.
85
that if the ſame be found, it ſhall be delivered up to the Commiſſioners to be
cancelled ; in ſuch caſe the ſaid Commiſſioners, and the Governor, and Col:
lector of the Cuſtoms, reſiding at the Plantations reſpectively, are required to
permit ſuch Ship or Veſſel to be regiſtered de novo, and the proper" Officers
Thall deliver a Certificate thereof to the Owners as directed by the Act
7
and 8
Will. III. and therein mention the Name by which the Ship was formerly
regiſtered, and that ſuch a Certificate of a new Regiſter is granted in Purſuance
of this Act, inſtead of a former Certificate, which appears by ſuch Proof, as
this Ad requires, to be loſt; and that ſuch new Regiſter and Certificate ſhall
have the ſame Effect with the Original, and a Duplicate ſhall be tranſmitted
to the Commiſſioners.
After the 29th September, 1742, all Plantation Bonds taken in Great-Britain, Page 716.
purſuant to any former Act of Parliament, whereby the Goods therein enu.
merated are to be brought to Great-Britain, ſhall be with Condition,
that within eighteen Months from the date thereof (the Danger of the Seas
excepted) a Certificate ſhall be produced from the Collector and Comptroller
of the Port where ſuch Goods ſhall be delivered, that they have been there
landed and diſcharged; otherwiſe ſuch Bonds Thall be forfeited, and the Penalty
ſued for in the Court of Exchequer in England, Scotland, or Ireland, re-
fpectively
This Act ſhall not extend to Bonds given for Ships which lade Rice at Ca-
rolina or Georgia, by Licence from the Commiſſioners of the Cuſtoms, to be
carried to ſome part of Europe, to the Southward of Cape Finiſterre, purſuant
to an Act paſſed 3 Geo. II. or for Ships lading Sugars, in any of his Majeſty's
Sugar Colonies in America, by Licence from the Commiſſioners, to be carried Page 717.
directly to any foreign Part of Europe, purſuant to an Act paſſed 12 Geo. II.
By two Clauſes in the AX 12 Car. II. it is (among other Things) enacted, 17 Geo. II.
that no Goods or Commodities whatſoever, of the Growth, Production, or Ma-
nufacture of Africa, Aha, or America, ſhall be imported into England, Ireland,
or Wales, Iſlands of Guernſey or Jerſey, or Town of Berwick upon Tweed, from
any other Places or Countries, but only from thoſe of the ſaid Growth, Pro-P. 7201
duction, or Manufacture, or from thoſe Ports where the ſaid Goods and Com-
modities can only be, or uſually have been, firſt ſhipped for Tranſportation,
under the Penalty of the Forfeitnre of all ſuch Goods as ſhall be imported
from any other Place or Country, contrary to the true Intent and Meaning
thereof; as alſo of the Ship in which they were imported, with all her Guns,
Furniture, Ammunition, Tackle and Apparel ; and there is a Proviſo in the
faid A&, that it ſhall be lawful for any of the People of England, Ireland,
Wales, Iſands of Guernſey or Jerſey, or Town of Berwick upon Tweed, in Vel-
ſels, or Ships to them belonging, and whereof the Maſter and three-fourths,
of the Mariners, at leaſt, are Engliſh, to load, and bring in from any of the
Ports of Spain or Portugal, or Weſtern Iſlands, commonly called Azores, or Ma-
deira, or Canary Ipands, all sorts of Commodities of the Growth, Production, or
Manufacture of the Plantations or Dominions of either of them reſpectively;
and Diſputes have aroſe on the Conſtruction of the ſaid Proviſo, whether the
Goods of the Growth, Production, or Manufacture of the Plantations of Spain
or Portugal, may be imported for Account of Aliens, from the Places, and in the
Manner expreſſed in the ſaid Proviſo, and whether ſuch Goods belonging to
Aliens, ſo imported, are not liable to be forfeited, together with the Ship,
which tends to the Prejudice of the Britiſh Navigation, as likewiſe detrimental
to the publick Revenue ; it is therefore enacted, that it ſhall be lawful for any
perſons to import the Goods mentioned in the ſaid Proviſo, and in ſuch
Ship ſo navigated, as is therein expreſſed, although ſuch Goods are the Property
of Aliens.
It ſhall be lawful to import, in any Ship belonging to Great-Britain, or any , Geo. II. C.
State in Amity, from any Place, Indigo of all Sorts.
The faid Act 13 Geo. I. Cap. 25. and this Act ſhall continue ſeven Years Ditto, S. 3.
from the 24th of June, 1734, &c.
Z
Continued


18. S. 2.
86
OF SHIPS, OWNERS,
II. p. 972:
21 Geo. II. P.
887
P. 888.
Continued till June 1, 1747, and from thence to the End of the next Seffion of
Parliament, by 14 Geo. II. p. 66o. and further continued till the 1ſt of
June, 1754, and to the End of the then next Sefion of Parliament by 20 Geo.
And as ſeveral Acts have been made to encourage the Growth of this,
and ſeveral other Commodities in his Majeſty's American Colonies, I think they
may properly be introduced in this place, as Affairs in which Navigation has
a conſiderable Concern ; therefore, before I conclude the Subject of Shipping,
I ſhall let my Readers fee what Premiums have been given by Parliament, on the
Importation of them here.
It is hereby enacted, that from and after the 25th of March, 1749, all Pere
ſons who ſhall import into this Kingdom, directly from any of the Britiſh Colo-
nies, in America, in Veſſels that may legally trade there, and manned as by Law
is required, any good and merchantable Indigo, free from any falſe Mixture,
and fit for Dyers Uſe, being the Product of the Colony from whence the fame
is imported, Ihall be intitled to 6d, for every Pound thereof, to be paid out of
the Cuſtoms upon Demand, by the Collector of the Port
t where the ſame ſhall
be imported, and for Want of ſufficient Money in his Hands, he ſhall certify the
fame to the Commiſſioners of the Cuſtoms who ſhall cauſe the Bounty of the
Indigo, imported into England, to be paid by the Receiver-General of the
Cuſtoms in England, and of that imported into Scotland, by the Receiver-Gene-
ral there,
Every Perſon loading Indigo, on board any Veſſel in any of the Britiſh
Colonies in America, thall, before the clearing out of ſuch Ship for any Port of
Great-Britain, produce to the Governor, Lieutenant-Governor, Collector, and
Comptroller, of the Cuſtoms, and Naval Officer, or any two of them, a Certi-
ficate, ſigned and ſworn to before ſome Juſtice there, by the Planter, his known
Agent or Factor, that a Quantity of Indigo (expreſſing the Weight) had been
fent from his Indigo Work, or Plantation, where the ſame was made, in order
to be ſhipped off or fold by him to the Perſon therein made, and was of the
Growth and Produce of the ſaid Plantation, ſituate in the Diſtrict or Pariſh of
within the Iſland or Colony of
which Certificate ſhall be atteſted by the ſaid Juſtice, to have been ſigned and
fworn to in his Preſence, and he is required to do the ſame gratis.
The Merchant, at the Time of producing ſuch Certificate, ſhall alſo ſign a
Certificate before the Governor, Lieutenant-Governor, Collector, &c, or any
two of them, that the Indigo ſhipped by him is the ſame mentioned in the
Certificate ; and they ſhall thereupon deliver to him a Certificate, under their
Hands and Seal of Office, of his having received ſuch Certificate ; and that at
the ſame Time a Certificate from the Planter or Agent, &c. had been produced
and left with them, purſuant to the Directions of this Act; and no Perſon im-
porting Indigo ſhall be intitled to the Præmium, unleſs he ſhall produce ſuch
Certificate to the chief Officer of the Cuſtoms at the Port in Great-Britain,
where the ſame ſhall be imported.
On the Importation of any Indigo into Great-Britain, a Certificate ſhall be
given, by the Maſter or commanding Officer, that the ſame was ſhipped on
board the ſaid Ship, within ſuch Britiſh Colony in America, as is mentioned
in the Certificate; and alſo a Certificate, ſigned by two Officers of the Cuſtoms
of the Port where the ſame is entered and landed, ſpecifying the Weight, and
that the faid Indigo is good and merchantable, free from falſe Mixtures, and of
ſuch Quality as to be intitled to the ſaid Præmiums ;, which Certificate the
ſaid Omers are to grant, within ten Days after the Landing thereof, unleſs
they can afſign ſufficient Cauſe for their Refuſal; upon producing which ſeve-
ral Certificates to the proper Officer, as aforeſaid, he ſhall pay the Premium to
the Importer.
is
Perſon ſhall make Entry of foreign-made Indigo, under the Name of
If
ber
any
Britiſh Plantation-made, or ſhall mix any foreign Indigo, or other falſe Mix-
ture, with that made in the Britiſh Plantations, in order to claim the Præmium,
he Thall forfeit all ſuch Indigo ; and in caſe of ſuch Mixture the Quantity ſo
5
mixed,


1.889.
CAPTAINS, AND SAILORS.
87

mixed, both foreign and Britiſh Plantation-made, and double the Value thereof
ſhall be forfeited by the Perſon making ſuch Mixture.
No Certificate ſhall be granted for the ſaid Premium on Indigo that is not good
and merchantable, and free from any falſe Mixture.
The Officers of the Cuſtoms, before their making out any ſuch Certificate, P. 890:
ſhall examine the Indigo-by opening each Package, and ſeeing the whole Con-
tents, to diſcover whether the Indigo is good and merchantable, and free from
any falſe Mixture.
i No Certificate ſhall be granted by the Officers of the Cuſtoms for any Indigo
which is not worth 35. when the French, or other Indigo of equal Goodneſs
with the beſt French, is worth' 4s. per Pound ; and ſo in Proportion, if the beſt
French or other Indigo of equal Goodneſs ſhall beat the higher or lower Price.
If any Difpute ſhall ariſe concerning the Quality of ſuch Indigo as is imported
into the Port of London, the Commiſſioners of the Cuſtoms may call two or more
Dyers, Dry-Salters, Brokers, or others well ſkilled in that Commodity, who
ſhall declare their Opinion upon Oath, as to the Quality thereof, if required,
and determine whether the ſaid Indigo is intiled to the Premium or not; and in
Caſe of any Diſpute in any of the Out-Ports in England, Samples of the Indigo
ſhall be ſent up to the Commiſſioner of the Cuſtoms at London ; and in the Out-
Ports in Scotland, to the Commiſſioners of the Cuſtoms at Edinburgh, in ſuch
Manner as the reſpective Commiſſioners ſhall direct, in order to be inſpected
and adjudged there. do 10000 DO
2. No Fee ſhall be demanded or taken by any Officer of the Cuſtoms, for the
examining or delivering ſuch Indigo, or for ſigning Certificates for the Premium
under Penalty of forfeiting his Omice and 100l. &c. 1 2015
No Certificates or Debentures, made in Purſuance of this A&, ſhall be charge- P.891.
able with any Stamp-Duties.
!! If any Britiſh Plantation-made Indigo from America, thall, after the 25th of
March, 1749, be exported from Great-Britain, the Exporter, before the Entry
thereof, ſhall pay to the Collector or chief Officer of the Cuſtoms of the Port,
the whole of the Premium, over and above any Duty ſuch Indigo is ſubject to
at Exportation by any former Ad.
If any Perſon ſhall be found fraudulently to export ſuch Indigo, without
ing the Premium as aforeſaid, he ſhall forfeit the Indigó, and double the Value
thereof.
SAS
4. If any Diſputé Thall ariſe, whiether the ſaid Indigo, or any Part thereof, ſo to
be exported, is of the Growth and Manufacture
of the Britiſh Plantations in
America, or of foreign Product, the Onus Probandi ſhall lie on the Claimer and
not on the Proſecutor. Det er non modo
If any Governor, Collector, or any other Perſons, Thall during the Continu-
ance of this Act, falſely make a Certificate of the Produce and Manufacture of
any Indigo, not being of the Britiſh Plantations 'in America, or ſhall counterfeit
any ſuch Certificate, in order to obtain the Præmium aforeſaid, he ſhall forfeit
2001. and if the Offender be à Collector, or any other Officer of the Cuſtoms, he
fhall alſo loſe his Office, and be incapable of ſerving his Majeſty, &c.
This Act ſhall be in Force for ſeven Years, to commence from the 25th of
March, 1749, and from thence to the End of the then next Seſſion of Parliament.
Further continued by 28 Geo. II till 25 March, 1763, and to the End of the
O Sefion.
Seffion. 13. nogu sina Y-
As it will greatly tend to the Increaſe and Improvement of the Silk Manufac- 23 Geo. II.
tures of this Kingdom, to encourage the Growth and Culture of Silkin his Ma-P. 395.
jeſty's Dominions in America, it is enacted, that from and after the 24th of June
1750, Raw Silks of the Growth and Culture of any of his Majeſty's Colonies
or Plantations in America may be directly imported from thence into the Port of
London Duty-free, due Entry thereof being firſt made at the Cuſtom-houſe at the P, 396.
Time of Importation, in the fame Manner and Form (expreſſing the Package,
Marks, and Numbers, together with the Qualities of the reſpective Goods) as
was uſed before the making of this Act,
and ſo as the ſame be landed in the Pre-
ſence of, and examined by, the proper Officer of the Cuſtoms, and be imported in
Veſſels
pay-
1
P.892.
OF SHIPS, OWNERS,
P. 397
isang man
P. 398.
Vefſels that may lawfully trade to his Majeſty's Plantations, manned as the Law
requires ; and, on Failure of the Conditions herein laſt mentioned, the ſaid Silks are
to be liable to Payment of the reſpective Duties, as if this Act had not been made.
The Merchant or other Perſon, who ſhall, after the 24th of June 1750, load
any raw Silk on board any Veſſel in any of the Britiſh Colonies in America, is
before the Clearing out of ſuch Veſſel from thence, to make Oath before the
Collector and Comptroller of the Cuſtoms, and Naval Officer of the Port, or any
two of them, that the ſaid Silk (expreſſing the Quantity thereof) is bona fide of
the Growth and Culture of the Britiſh Plantations in America, expreſſing the Pariſh
or Place where the ſame was cultivated, and by whom, producing ſuch Perſon's
Oath thereto; made before the Governor of the Place, or the next Juſtice of the
Peace (which ſeveral Oaths are to be adminiſtered gratis) and the Maſter or Per-
ſon taking Charge of ſuch Vefſel is to bring with him a Certificate, ſigned and
ſealed by the Collector and Comptroller of the Cuſtoms, and Naval Officer, or
any two of them (which they are to givegratis) expreſſing 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 Perſon who ſhall have ſworn
the ſame to be of the Growth and Culture of the ſaid Britiſh Colonies, and of the
Perſon to whom the ſame ſhall be conſigned in the Port of London ; which Cer-
tificate the Maſter, on his Arrival at the Port of London, is to deliver to the
Collector or Comptroller, or other chief Officers of the Cuſtoms, at or before the
Entry of the ſaid Silk, and to make Oath before one of the ſaid Officers (which
Oath is to be adminiſtered gratis) that the ſaid Bales and
Bales and Parcels, and Goods
contained in ſuch Certificate, are the ſame which were taken on board in the
ſaid Britiſh Plantations in America ; and on Default made in any of the Premiſes,
the ſaid Silks are liable to the Payment of the reſpective Duties, as if this Act
had not been made.
If any perſon ſhall, after the 24th of June 1750, enter any foreign raw Silk
under the Name or Deſcription of raw Silk of the Growth or Culture of any of
the Britiſh Colonies of America, or ſhall mix any foreign raw Silk with raw Silk of
the Growth of the ſaid Britiſh Colonies, in order to avoid Payment of the Duties
for the ſame, he is to forfeit gol. for every ſuch Offence, and all ſuch foreign
raw Silk; and, in Caſe of any Mixture, the Quantity mixed, both of foreign and
Britiſh Plantation Growth, or the Value thereof, together with the Packages
containing the ſame, are to be forfeited, & c.
If any Doubt or Diſpute hall arife, whether the ſaid raw Silk is foreign, or
of the Growth or Culture of the Britiſh American Plantations, the Onus Proban-
di lies on the Claimer.
As the Importation of Bar-Iron from his Majeſty's Colonies in America, into
the Port of London, and the Importation of Pig-Iron from the ſaid Colonies into
any Port of Great-Britain, &c. will be a great Advantage, not only to the fa
Colonies but alſo to this Kingdom, &c. it is enacted, that from and after the 24th
of June, 1750, the Duties, now payable on Pig-Iron, made in, and imported from
his Majeſty's Colonies in America, into any Port of Great-Britein, ſhall ceaſe;
and that no Duty thall be payable upon Bar-Iron, made in, and imported from
the ſaid Colonies, into the Port of London.
No ſuch Bar-Iron ſo imported into the Port of London ſhall afterwards be ex-
ported or be carried coaſtwiſe to be landed at any other Place in Great-Britain,
except for the Uſe of his Majeſty's Dock-Yards, upon Pain that the ſame, and
the Vefiel
, be liable to ſuch Forfeiture and Seiſure, as prohibited or uncuſtomed
Goods clandeſtinely exported or imported, or the Vefſel on board of which the ſame
ſhall be exported or imported, are now liable to by Law; and alſo upon Pain
that the Exporter, and Maſter, and Mariners of the Veſſel, ſhall be ſubject to
the like Penalties and Puniſhments as the Maſter or Mariners of Vefſels laden
with prohibited and uncuítomed Goods, or Goods clandeſtinely exported or ima
ported are now liable by Law; and no Officer of the Cuſtoms thall grant any
Cocket, &c. forexporting or carry coaſtwiſe any ſuch Bar-Iron fo exported, except
for the uſe of his Majeſty's Dock-Yards, upon Pain of forfeiting 2001, 3c. and
if any ſuch Cocket, &c. ſhall be granted, the ſame ſhall be void.




23
Geo. II.
519.
520.
.
P.
faid
I
No
CAPTAINS, AND SAILORS:
89.
whom paid.
No Bar-Iron whatſoever ſhall be permitted to be carried coaſtwiſe, unleſs
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 Perſons by
No Bar-Iron imported into the Ports of London, by Virtue of this Act ſhall be
carried or conveyed by Land-Carriage to any place beyond ten Miles from any
Part of the Port of London, except to his Majeſty's Dock-Yards, for the Uſe of the
fame, upon Pain of the Offender paying 20s. for every hundred Weight thereof.
Every Perſon loading Pig, or Bar-iron on board any Veſſel'in any of his Majeſty's
Colonies in America, ſhall, before clearing out for any Port of Great-Britain, make
Oath before the Governor, or Lieutenant Governor, Collector and Comptroller
of the Cuſtoms, and Naval Officer, or any two of them (which Oath they are to
adminiſter without Fee) that the Pig or Bar-Iron ſo ſhipped (the true Weight
whereof ſhall be expreſſed in the Oath) was made at within the Colony of
in which Oath alſo the Name of the Perſon to whom the Iron ſhall
be fold or conſigned Thall be expreſſed, and thereupon the ſaid Governor, Lieu-
tenant-Governor, Collector and Comptroller of the Cuſtoms, and Naval Officer,
or any two of them, ſhall give to the Perſon making ſuch Oath, a Certificate
under their Hands and Seal of Ofice, of the fame having been made before them.
No ſuch Pig or Bar-Iron Thall be imported Duty-free, as aforefaid, unlefs the
ſame ſhall be ſtamped with ſome Marks denoting the Colony or Place where the
ſame was made, and unleſs the Importer ſhall produce ſuch Certificate to the
chief Officer of the Cuſtoms at the Port where the ſame ſhall be imported, and
unleſs Oath be made by the Maſter of the Veſſel, before ſuch Officer (which he
is to adminiſter without Fee) that the ſaid Iron is the ſame inentioned in the
Certificate. - loint
All Pig or Bar-Iron, which ſhall not be ſtamped and certified as aforeſaid, ſhall
be ſubject to the Payment of the ſame Duties to which it was liable before the
making of this Act.
If any Governor, Lieutenant-Governor, Collector, or Comptroller of the Cuf-P. 5234
toms, Naval Officer, or chief Officer of the Cuſtoms as aforeſaid, ſhall falſely
make any fuch Certificate he ſhall forfeit 200l. for every ſuch Offence, and his
Office, &c. and if any Merchant, &c. ſhall falſely make any Oath required by this
Act, he ſhall incur the Penalties of wilful and corrupt Perjury; and if any Per-
fon Thall knowingly counterfeit any ſuch Stamp or Certificate, or publiſh the
ſame knowing it to be counterfeited, he ſhall incur the Penalties of Forgery.
After the 24th of June 1750, no Mill, or other Engine for ſlitting or rolling
of Iron, or any Plating-Forge to work with a Tilt Hammer, or any Furnace for
making Steel, ſhall be erected or continued in any of his Majeſty's Colonies in
America, upon Pain that every Perſon offending herein ſhall, for every ſuch Mill
Engine, Forge, or Furnace, forfeit 2001.
Every ſuch Mill, Engine, Forge, or Furnace, erected or continued contrary to
the Directions of this act ſhall be deemed a common Nuiſance;
Go-
vernor, &c. ofany of his Majeſty's Colonies in America, where any ſuch Mill, &c.
fhall be erected or continued, Thall upon Information thereof made to him by
two Witneſſes upon Oath (which Oath he is to adminiſter) cauſe ſuch Mill, &c.
to be abated, within thirty Day after ſuch Information, upon Pain of forfeiting
500l. for every ſuch Offence, &c.
All Bar Iron, which ſhall be imported from any of the Britiſh Colonies in p. 5ż4.
America into the Port of London, ſhall be entered at the Cuſtom-houſe at London;
and every Bar Thail be marked or ſtamped in three different Parts, with ſuch
Mark as the Commiſſioners of the Cuſtoms ſhall direct, two of the ſaid Marks
at the Diſtance of one Yard from each End of the Bar, and the other near the
Middle thereof,
If any perſon ſhall counterfeit, deſtroy, or deface any of the ſaid Stamps, with P. 525*
an Intent to convey the ſame to any Place ten Miles from the Port of London,
contrary to this Act, and be legally convicted thereof, he ſhall forfeit 100l. &c.
Every Governor, &c. of any of his Majeſty's Colonies in America, ſhall tranf-
mit,




and every
A a
go
OF SHIPS, OWNERS,
P. 526.
30 Geo. II.
Fol. JI.
Caſe.
mit; within ſix Months after the ſaid 24th of June, to the Commiſſioners of
Trade and Plantations, a Certificate under his Hand and Seal of Office, con-
taining a particular Account of every Mill or Engine for ſlitting or rolling Iron,
and every Plating-Forge to work with a Tilt Hammer, and every Furnace for
making Steel, erected in his Colony, at the Time of the Commencement of
this Act, expreſſing therein alſo ſuch of them as are uſed, and the Names of
the Proprietors, and Place where erected, and Number in the ſaid Colony;
upon Pain of being ſubject to the like Penalties and Forfeitures, as for any
other Offence committed by them againſt this Act, &c.
The Importation of Bar-Iron is extended to all the Ports of Great-Britain.
Likewiſe the Clauſes relating to the carrying Iron coaſtwiſe, and by Land
beyond ten Miles from London, are repealed.
Having now concluded that Part of the Article of Shipping, which con-
cerns Exports and Imports, and inſerted Abſtracts from all the Laws in force
relative thereto, particularly ſpecifying thoſe which were paſſed in the Years
1779 and 1780, in Favour of the Commerce of Ireland, removing the Reſtraints
to which it was before oppreſſively ſubjected; I ſhall proceed to fome other
Particulars, reſpecting the Obligations which the Maſters of Merchant-
Ships, and the Seamen are under, both by the Laws of Conſcience, and thoſe
of their Country.
A Maſter of a Ship is appointed by the Owners under a Suppoſition of his
having a ſufficient Capacity and Integrity to diſcharge the Truſt repoſed in
him, by a faithful, prudent, and diſcreet Management of the Ship, and Affairs
Flob. Rep. committed to his Care...... he hath no Property, either general or ſpecial, in
Bridgman's his being conſtituted, though the Law looks upon him as an Officer, who
muſt render and give an Account for whatſoever is put into his Cuſtody and
under his Direction ; and therefore whatever Misfortunes happen, or Loſſes
occur, be they through Negligence, Wilfulneſs, or Ignorance, either in him-
ſelf or Mariners, he muſt be reſponſible.
In Chancery.
A Maſter of a Ship, ſo appointed by B. Owner, treats with the Plaintiff to
take the Ship to freight for 80 Tons, to fail from London to Falmouth, and ſo
from thence to Barcelona, without altering the Voyage, and there to unlade, at
a certain Rate per Ton: And to perform this, the Maſter and Merchant entered
into a Charterparty, the former obliging the Ship and her Appurtenances (va-
lued at 300l.) though the Owners of the Ship were no Parties thereunto; the
Maſter deviates and commits Barretry, and the Merchant thereby becomes a
Jure Mar. P. Sufferer in the Loſs of his Voyage and Goods, for the Merchandize (being
Fiſh) arrived not till Lent was paſt, and then rotten. The Factor, to whom
the Cargo went conſigned, in order to procure Satisfaction for his Employer,
ſueth the Maſter in the Court of Admiralty at Barcelona, and, upon an Appeal
to a higher Court in Spain, obtains Sentence againſt the Maſter and the Ship;
which, coming to the Merchant's Hands, the Owner brings an Action of Tro-
ver for the Ship; the Maſter ſues in Chancery to ſtop the Suit, and another
brought by the Owner for Freight, claiming Deductions out of both, for his
Damages ſuſtained by the Maſter's Breach of Articles; for if the Owner gives
Authority to the Maſter to contract, he ſhall bear the Loſs; but, in Cafe of
Bottomry after the Voyage begun, the Maſter cannot oblige the Owner beyond
the Value of the Ship; but this Caſe is on Contract.
3. Lord Chancellor. The Charterparty values the Ship at a certain Rate, and
you ſhall not oblige the Owners farther, and that only with Relation to the
Freight, not to the Value of the Ship; the Maſter is liable to the Deviation
and Barretry, but not the Owners; elſe Maſters would be Owners of all Men's
Ships and Eſtate:
The Maſter of a Ship buying Proviſions for a Ship, and having Money from
the Owners to pay for Proviſions, nevertheleſs takes them upon Credit, and
fails. The Owners are liable to pay the Debt in Proportion to their reſpective
Shares in the Ship.
2. Vern. 643. The Maſter of the Ship took Beef, Sails, &c. on Credit, and failed, the
In Chancery,
Owners were obliged to pay, and not allowed to defend themſelves, by infift-

230.

Mich. 29.
Car. II,
1709.
.
ing
CAPTAINS, AND SAILORS,
វ
Raym. 220.
1 Vern. 190.
ing that the Maſter was liable only, and that they had given him Money to pay
the Plaintiff. He is but their Servant, and therefore for his Purchaſes they are
anſwerable, and continue ſo till he has paid the Creditor, though they gave
him Money for that Purpoſe.
As ſoon as Merchandizes, or other Commodities, are put aboard a Ship,
whether the be riding in Port, Haven, or any other Part of the Seas, he that
is Exercitor Navis (Maſter of her) is chargeable therewith, and if the ſame be
there loſt or purloined, or ſuſtain any Damage, whether in the Haven or Port, F. Naut.
before, or upon the Seas, after ſhe is on her Voyage, either by the Mariners Caup. Stabe
.
or by any other through their Permiſſion, he that is the Commander muit
2. 3. 6. 7.
anſwer the Damage, for the very Lading the Goods aboard the Ship ſubjects
him thereto. And with this agrees the Common Law, where it was adjudged, Mod. 85.
that Goods being ſent aboard a Ship, and the Maſter having ſigned his Bills
of Lading for the ſame, the Goods were ſtowed, and under Pretence of being 238.
Preſs-Maſters, divers Perſons, in the Night, entered the Ship, and robbed 2 Keb
, 866.
her of thoſe Goods; the Merchant brought an Action at Common Lares againſt 112.132.138.
the Maſter; and the Queſtion was, whether he ſhould anſwer the ſame; for it
was alledged on his Part, that there was no Default or Negligence in him,
as he had a ſufficient Guard, the Goods were all locked up under Hatches,
and the Thieves came as Preſs-Maſters, and by Force robbed the Ship; and
that the ſame was Vis Major*, which he could not prevent : And laſtly, that
though he was Maſter, or Exercitor Navis, yet he had no Share in the Ship,
and was but in the Nature of a Servant, acting for a Salary. But, notwith-
ſtanding, it was adjudged to the Plaintiff; for the Maſter at his Peril inuſt
ſee that all Things be forthcoming which are delivered to him, let what Ac-
cident ſoever happen (the Act of God, or an Enemy, Perils and Dangers of
the Seas only excepted) but for Fire, Thieves, and the like, he muſt anſwer;
and is in the Nature of a t common Carrier ; and that though he receives a
Salary, yet is a known and public Officer, and one that the Law looks upon to
anſwer; and the Plaintiff hath his Election to charge either Maſter or Owners,
or both, at his Pleaſure, though he can have but one Satisfaction.
If a Maſter ſhall receive Goods at the Wharf, or Key, or ſhall ſend his Boat
for the ſame, and they happen to be loſt, he ſhall likewiſe anſwer, both by
the Marine and Common Law.

Mayor & Com. de London, againſt Hunt.
Error of Judgement in B. R. in Aſſumpſit brought by the Mayor and Com-
monalty againſt Hunt, where they declared of a Cuſtom that they and their
Predeceſſors, Mayors, &c. had of every Maſter of a Ship 8s. per Ton, for
every Ton of Cheeſe brought from any Place in England to the Port of London,
ab Oriente de London Bridge (to the Eaſtward of London Bridge) in the Name
of Weighage; and that the Defendant being Maſter of a Ship had brought to
the Port of London ſo many Tons, which at that Rate came to ſo much,
which he had not paid ; upon non Afumpfit, Verdict and Judgement for the 3 Lev. 37
Plaintiff. Upon which Hunt the Defendant brought a Writ of Error, and
two Errors were aſſigned: 1. That the Action did not lie againſt the Maſter,
but that the Duty was due from the Merchants, Owners of the Goods; but
the Judgement was affirmed, for that the Maſter is entruſted with the Goods,
and hath a Recompence from the Merchants for bringing the Goods, and is
reſponſible for them, and therefore Thall be charged for the Duty; as it would
be infinite to ſearch for the Owners of the ſeveral Goods which are all in the
Cuſtody of the Maſter who brought them into Port, and therefore he ſhall
be charged.
If Goods are ſhipped, and an Embargo or. Reſtraint is afterwards iſſued by Digeſ. Lib.9.
Tit. 2. Leg.
the Prince or State where the Maſter then is, and then he breaks Ground or
endeavours to fail away, and in Conſequence thereof any Damage enſues, he
ſhall be reſponſible for the ſame; the Reaſon is, becauſe his Freight is due,
and muſt be paid; nay, although the very Goods be ſeized as bona contrabanda.

ز
61.
* The which the Civil Law does ſometimes allow. † Rey. 105. F. n. B. 104. b. ift. Inſt. 89. 4 Co. 84.
4. 10. 876, Hob. 17, 18. Poph, 178, 179. Cro. Jac. 188, 189, 330, 331. Salk. 388. Sid. 36.
A Ship
5
92
OF SHIPS, OWNERS,
Vern. 242.
Lex Oleron.
Judg. 2.
15 Hen; VI.
C. 8.
1 El. C. 11.
S. 2.
S. .
12 Car. II.
C. 18.
Page 22.
Willon verſ.
Bird.
A Ship was let out to Freight to F. S. in England, at 3l. ros. per Tòn, to
go to Bourdeaux, then an Embargo is laid; ſhe afterwards proceeds to Bour-
deaux, and the Maſter, without diſcovering his firſt Contract, agrees with the
Correſpondents there of . S. to allow him 6l. 1os. per Ton; upon this laſt
Agreement he recovered at Law, and Equity would not relieve, becauſe the
Performance of the firſt Agreement was hindered by the Embargo.
A Maſter ought not to fail in tempeſtuous Weather, nor put forth to Sea,
without having firſt conſulted with his Company; nor muſt he ſtay in Port of
Harbour without juſt Cauſe, when a fair Wind invites his Departure.
If a Veſſel proves leaky or diſabled, the Maſter ought not for this Cauſe to
put any of his Merchants Goods aboard any Enemies Ship, without Letters of
ſafe Conduct, as by ſo doing they may be made Prize, and he be obliged to
anſwer the Damages conſequent to the Action.
Nor ſhall he put into any, Creeks or other places diſallowed, except driven
in by Tempeſt, but into ſuch Ports as are by Law appointed.
Nor ought he to ihip any Merchandizes, but only at the public Ports and
Keys.
13 and 14
He muſt not lade any prohibited or unlawful Goods, whereby the whole
Car. II. c. Cargo may be in Danger of Confiſcation, or at leaſt ſubject to Seizure or Sur-
reption.
Jac. C. 25. He may not fail without able and ſufficient Mariners, both for Quality and
Number.
La Raymond, The Ship was libelled againſt in the Admiralty, for that the Maſter, being
taken by a French Privateer, had ranfomed the Ship for 300l. and had ſued for
the Payment of it, and was carried Priſoner to Dunkirk, and the Money was
not paid, &c. and Sentence was given in the Admir: Ity againſt the Ship; and
upon Motion for a Prohibition, it was denied by Holt, Chief Juſtice, then
alone in Court; becauſe the Taking and Pledge being upon the high Sea, the
Ship, by the Law of the Admiralty, ſhall anſwer for the Redemption of the
Maſter by his own Contract. Ex relatione m'ri Place.
Ld. Raymond,
Motion was made for a Prohibition to the Court of Admiralty, where a Suit
Ben sen verr. was proſecuted againſt a Ship, which the Maſter had hypothecated for Necef-
Fefferies.
faries, being upon the Sea in Streſs of Weather; and the Suggeſtion was, that
the Agreement was made, and the Money lent upon Land, vize in the Port of
London, it being a Venetian Veſſel, which came here by Way of Trade, and
not Streſs of Weather; but per Holt, Chief Juſtice, the Maſter of the Ship
has Power to hypothecate it, but he cannot ſell it; and by the pawning the
Ship becomes liable to Condemnation. This was reſolved in folemn Debate,
Coffard verf. in the Caſe of Coſtard, v. Lewftie, 2 Will. and Mar. B. R. Then there is
Lewftie. no Remedy here for the Hypothecation, but by Way of Contract: Therefore,
ſince the King's Bench cannot do Right to the Parties, it will not hinder the
Admiralty from doing them Right; for if the King's Bench allows the Hy-
pothecation, and yet denies the Remedy, it will be a manifeſt Contradiction.-
An Action was brought upon the Stat. 2 Hen. IV. Cap. 11. for ſuing in the
Admiralty on an Hypothecation, and it was held to be out of the Statute, in
the Time of my Lord Hale. And as to the Objection, that the Contract was
made upon the Land, and the Money paid there, it muſt of Neceſſity be fo;
for if a Man be in Diſtreſs upon the Sea, and compelled to go into Port, he
muſt receive the Money there, or not at all
. And if his Ship be impaired by
Tempeſt, ſo that he is forced to borrow Money to refit, otherwiſe ſhe will be
loft, and for Security of this Money, he pledges his Ship; fince the Cauſe of
the Pledging ariſes upon the Sea, the Suit may well be in the Admiralty Court:
But becauſe there was a Precedent, where a Prohibition in ſuch Caſe had been
granted, the Court granted the Prohibition, and ordered the Plaintiff to de-
clare upon it, for the Law ſeemed clear to them, as before is faid.
The Defendant, as Executrix to the Maſter of a Ship, libelled in the Ad-
33. Carth. miralty Court for the Wages owing to the Teſtator by the owner; upon which
518.Ld. Ray, the plaintiff
, to have a Prohibition, ſuggeſted the
, P. 576
e Stat. of 15 Rich. II. Cap. 3.
577, 578.
that the Admiralty Court ſhall not have Cognizance of Contracts made upon
the Land, and thews this Contract to have been made upon the Land, &c. and


S.C. 1 Salk.
3
this
CAPTAINS, AND SAILORS.
93
this Caſe was moved in ſeveral Terms, but oppoſed; and the Council for his
Prohibition argued, that Prohibitions are grantable de jure, and are not diſcre-Clay verf.
tionary in the Court, Raym. 3, 4. That the Cafe in Winch. Rep. 8. was the Snelgrave.
firſt Caſe where a Prohibition was denied, in Caſe of a Suit by Mariners for
their Wages, in the Admiralty Court, and the Denial was grounded upon com-
paſſionate Reaſons, becauſe they were poor Men, and becauſe there they might
join in Action, but here they muſt ſever ; but the faid Caſe is contrary to the
Reaſons and Grounds of the Law; for where the Contract is made
upon
the
Land, though the Service was done upon the Sea, it is out of the Juriſdiction
of the Admiralty; and ſo vice verſa, if the Service was done upon the Land,
and the Contract upon the Sea, 12 Co. 79. 80. Staunf. 51.b. Hob. 212. A
Conſultation is always denied in Caſe of a Suit by Mariners, if there is a Char-
ter-party; and the Sealing of a Writing cannot make any Difference in Reaſon,
Raym. 3. a Prohibition granted where the Maſter libelled alone; and e contra,
it was faid for the Defendant, that the Caſe of Mariners was now ſettled, and
ought not to be ſtirred; but that the great Reaſon why they are permitted to
ſue there is, the ship is the Debtor, and by the Law of the Admiralty they
may attach her, which they cannot do by the Common Law; and in the Ad-
miralty Court they may all join in Suit, whereas by the Common Law they
muſt bring ſeveral Actions: That the Caſe of the Maſter is not different, for
the Ship is Security to him, and he is but a Mariner, and his Wages are Wages
at Sea; but however, where the Maſter dies in the Voyage, as he did in this
Caſe, there can be no Reaſon to exclude his Executors from ſuing in the Ad-
miralty, becauſe he had no Opportunity of bringing his Wages to Account
with the Owners. And i
And in 2 Vent. 181. Allifon v. Marſ, the Purſer, though
an Officer of the Ship, was allowed to fue for his Wages in the Admiralty.
And in 2 Keb. 779. pl. 6. Rex. v. Pike, a Prohibition was denied where the
Maſter and Mariners joined in a Suit in the Admiralty for their Wages (but
Holt ſaid, that a Prohibition ought to have been granted quoad in the ſaid Caſe)
and he cited a Caſe Hil
. 27. and 28 Car. II. C. B. between Cooker and Older,
where Atkins and Ellis, Juſtices, were of Opinion, that a Prohibition ought
to be granted to the Suit in the Admiralty Court, by the Maſter of a Ship for
his Wages, though North, Chief Juſtice, and Wyndbam, Juſtice, held the con-
trary Opinion. But Holt, Chief Juſtice, faid, that it is an Indulgence, that
the Courts at Weſtminſter permit Mariners to ſue for their Wages in the Ad-
miralty Court, becauſe they may all join in Suit; and it is grounded upon the
Principle, Quod communis Error facit jus, but they will not extend it to the
Maſter of the Ship, eſpecially if he was Maſter at the Beginning of the Voyage
here in England, and the Contract was made with him here. Poſfibly if the
Maſter of a Ship died in the Voyage, and another Man took upon him the
Charge of the Ship upon the Sea, ſuch Cafe might be different. As in the
Caſe of Groſwick v. Louthſly, where it was held in this Court lately, that if
a Ship was hypothecated, and Money borrowed upon her at Amſterdam, upon
the Voyage, he who lent the Money may fue in the Admiralty for it; and this
Court granted a Conſultation in the Cafe : But in another Caſe, where the
Money was borrowed upon the Ship before the Voyage, the King's Bench
granted a Prohibition, and the Parties acquieſced under it. Tliere are many
Precedents in the Court of Admiralty of Suits by the Mariners for their Wages,
but none for the Maſter of the Ship: And the Cafes differ; for the Mariners
contract cupon the Credit of the Ship, and the Maſter upon the Credit of the
Owners of the Ship, of whom generally he is one, &c. It was moved, that
the Court would compel the Plaintiff to put in Bail to the Action to be brought
for the Wages at Common Law, or otherwiſe deny the Prohibition, which it
was ſaid had been done often : Holt, Chief Juſtice, confeſſed that the Court had
ſometimes interpoſed, and procured Bail to be given, but it was by Conſent,
andi in Caſe of the Proprietor himſelf; but in Regard that in this Caſe the Plain-
tiff was a Purchaſer without Notice, there was no Reaſon, and a Prohibition
was granted.
BALLAM




3 B
94
OF SHIPS, OWNERS,
Ballam.
III. 9.
S.C. i Salk. BALLAM libelled in the Admiralty againſt a Ship of Norway, for that ſhe
34.
Ld. Raymond,
being in great Diſtreſs for Want of an Anchor and Cable, the Maſter contracted
P. 805, 806. with Ballam, who delivered them on board, &c. upon which a Motion was
made in this Court for a Prohibition to be directed to the Judge of the Admi-
Mich. Terms ralty, to prohibit him from proceeding in the faid Suit, upon a Suggeſtion that
1 Ann. Reg. the ſaid Contract was made upon the Land, viz. at Ratcliffe, upon the River
Juftin verſ. Thames, the ſaid Ship being then there; and a Rule was made, that the De-
fendant ſhould fhew Cauſe why a Prohibition Thould not go; upon which it
was ſhewed for Cauſe, 1. That of late Times the Admiralty had been always
encouraged, and that they ought to have Cognizance of all Things incident to
the Navigation, therefore they ſhall have Cognizance of a Suit for Mariners
Wages. 2. That in this Café the Defendant would be without Remedy, if a
Prohibition fhould be granted; becauſe the Maſter of the Ship with whom the
Contract was made, was dead, and the Part Owners were Foreigners. 3. That
the Contract being upon the Land will not hinder the Admiralty to hold Plea,
2 Roll. Rep. as was held in the Caſe of Coſtard v. Lewftie, where a Libel was in the Admi-
ralty againſt a Ship upon a Hypothecation made of her at Land, and that ap-
peared upon the inſtrument of Hypothecation, which mentioned it to have
been made at Rotterdam; and yet a Prohibition was denied after great Conſide-
ration. Now here, though the Anchor, &c. were ſold upon the Land, yet
the Streſs of Weather which diſabled the Ship, was upon the high Sea, and
therefore the original Cauſe being within the Juriſdiction of the Admiralty,
will draw the Reſidue to it as incident; ſed non allocatur. For per curiam, this
is not like the Caſe of Coſtard v. Lewſtie, 1. Becauſe it does not appear in this
Caſe, that this Ship was in her Voyage when ſhe became in Diſtreſs, for Want
of an Anchor, &c. and at the Time of the Contract. . 2. There was no Hy-
pothecation here, as there was in the Caſe cited; now where there is an Hy-
pothecation, if the Admiralty ſhould be prohibited to proceed, &c. the Party
would be without Remedy, for no Suit can be againſt the Ship at Common
Law upon it. Now it is true, that by the Maritime Law every Contract with
the Maſter of a Ship implies an Hypothecation ; but it is otherwiſe by the
Law of England; therefore this being a Contract made with the Maſter upon
the Land, it is the common Caſe; the Admiralty cannot have Cognizance of
ſuch a Suit, and therefore a Prohibition was granted : But, at the Importunity
of the Defendant's Council, the Court gave Order that the Plaintiff mould de-
clare upon it, &c.
S.C. Salk.35
WATSON was Maſter of a Merchant Ship, which was taken at Sea by a
Id. Raymond, French Privateer ; Watſon agreed with the Captain of the Privateer for the
P.931, 932, Ranſom of the Ship and Goods at 1200l. and as a Pledge or Security for the
Tranter verſ. Payment of the Money, Watſon was detained and carried into France; but the
Tralomierm. Ship and Goods were releaſed, and brought into Briſtol, where the Ship was
2 Anx. Re- unladed, and the Goods landed (after Cuſtom paid) and delivered to one Day;
ginz. but whether in Truſt for the Benefit of the Maſter, or for the Uſe of the
Owners, was not agreed. Watfon commences his Suit in the Court of Admi-
ralty againſt the Owners, to compel them to pay the 12001. and redeem him;
and thereupon a Warrant was iſſued out of that Court to arreſt the Ship and
Goods, in quadam cauſa ſalvagii, in order to compel the Defendant to appear
there, and the Ship and Goods were ſeized thereon: A Prohibition was prayed
as to the Goods, ſuggeſting the Seizure on Land infra corpus comitatus, and ſo
not within their Juriſdiction; it was inſiſted, that the Maſter had no Power to
make ſuch an Agreement, nor to ſubject the Goods to the Payment of his Ran-
fom, without the expreſs Authority and Conſent of his owners. The Power
of Hypothecation in a Voyage for Neceſſaries is incident to his Office, and al-
lowed for the Neceſſity of the Thing, and the Benefit of the Owner ; but this
is not ſo, 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 Maſter to do an Injury to
the Owners, by obliging them to the Performance of an Agreement of his
making, upon any Terms never ſo unreaſonable, and to compel them to pay


more
CAPTAINS, AND SAILORS.
95

more than the Ship and Goods are worth, as the Agreement in this:Cafe is:
Beſides, the Power of the Maſter is only over the Ship, and he rhas no Power
over the Goods and Lading to make any Diſpoſition thereof; admitting ahe
Maſter has ſuch Power to ſubject the Goods to the Paymentróf his Ranſom,
yet he ought not to bring the Suit in his own Name, but the Suit ought to
be carried on in the Name of the Vendee, or Purchaſer of the Goods. . Ad-
mitting this Suit proper, yet the Seizure is illegal; for the Court of Admis
ralty cannot award ſuch Proceſs, as their firſt Proceſs to compel the Party to
appear, is in the Nature of an Execution againſt the Goods; and they can no
more begin with ſuch Proceſs than an inferior Court; andias a Prohibition
ſhall be awarded to an inferior Court, in ſuch Caſes, ſo ought it in this, though
the Party have not yet appeared, nor any Libel be as yet exhibited ; and ſo was
it done in the Caſe of Capt. Sands and Sir Jofiah Child, 5 Will. and Maraid or
On the other Side it was inſiſted, that no Prohibition ought to go in this Salk. 31.
Caſe, for that the Maſter has Power in this Caſe, to ſubject the Goods to the
Payment of his Redemption; and it is founded on the fame Reaſon as his
Power of Hypothecation, the Neceſſity of the Thing, and the Benefit of the
Owners, by parting with ſome part of the Goods to ſave the Reſt, whereas
otherwiſe the whole would have been loft; fo is Molloy 213, 214. Hob. 11, 12:
but this being a Matter and a Cauſe properly within the Juriſdiction of the
Court of Admiralty, ſhall be determined there :: And in a Maritime Cauſe,
whereof they have Cognizance, the Proceſs of the Court may be executed
upon Land, infra corpus comitatus, &c. As to the Objection that the Suit in
curia admiralitatis, ought not to be in the Maſter's Name, it was anſwered,
that it is moſt proper in his Name, for the Captors to whom the Ranſom be-
longs, and who have the Mafter in their Cuſtody, cannot ſue in their own
Name, becauſe they are Enemies; but if the Suit be not carried on between
proper Parties, it is good Cauſe for an Appeal, and ſhall be determined by the
Rules of the Marine Law, but it is no Ground for a Prohibition. But admite
ting the Merits of the Cauſe to be againſt the Maſter, yet the Owners came
too ſoon for a Prohibition before they have appeared, and before any
Libel
exhibited, fo that it cannot appear to this Court what the Nature of the
Suit is.
Doopdog
The Court deſired to hear a Civilian before they made any Rule in this Caſe,
and accordingly Dr. Lane attended for the Plaintiff, in curia admiralitatis :- He
argued, that Salvage, or caufa falvagii, as is mentioned in the Warrant, is of
Admiralty Juriſdi&tion; that the Maſter repreſents both the Owners of the
Ship and the Traders, and has a Truſt repoſed in him, which extends to the
Goods as well as the Ship; the Maſter may detain the Goods of the Merchant
for the Freight of the Ship, or Wages of Mariners. The Maſter in this caſe,
by the Marine Law, hath an Hypothecation of the Goods to him, to keep till
Payment be made of the Money agreed, and not only a bare Poſſeſſion;
and
therefore though he depart with the Poſſeſſion of the Goods before Payment,
that does not diveſt his Intereſt. The Goods were in the Power and Poſſeſſion
of the Enemy, who might have kept or deſtroyed them all, if they had not
been redeemed by the Maſter, which is for the Benefit of the Owners. Re-
demption, is a Redemption by the Maſter, and gives Security for the Payment a
of the Money agreed, by ſubjecting his Perſon as a Pawn or Pledge, ſo that he
has, as it were, paid for the Goods. This Power of Redemption is not founded
on the Rbodian Laws, or the Laws of Oleron, but ariſes from the Cuſtom
and Law of Nations, and the ſame Cuſtom or Law gives the Maſter in this
Caſe an Intereſt in the Ship and Goods.
It was agreed by the whole Court, that no Prohibition ſhould be granted in
this Caſe.
Holt, Chief Juſtice, faid (after other Things) that it ſeemed very juſt and
reaſonable in this Caſe, that the Owners of the Goods ought to pay the Re-
demption. If a Pirate ſhould take the Ship and Goods, and the Maſter redeem
them, the Owners ſhall make him Satisfaction; and then much more in this
Caſe, when taken by an Enemy. When the Maſter makes a Compoſition for


5
the
96
OF SHIPS, OWNERS,
and 984:
the Benefit of the Owners, it is highly reaſonable that he ſhould be indemni-
fied. The whole Ship and Goods would have been Prize, if he had not made
this Compoſition; therefore where there is an inſtant Danger of loſing Ship
and Goodsi (as in this Caſe, when they were under the Capture, and Power of
the Enemy) and no Hopes of ſaving them then appears (though afterwards it
may happen that the Ship may be reſcued on freſh Purſuit) cannot the Maſter
make ſuch an Agreement as this, as well as he may throw Part of the Goods
overboard, in Cafe of a Tempeſt, to ſave the Reſt? The Maſter has the Cuf-
tody and Care of the Ship and Goods : Suppoſing then that the Maſter has
fuchi a Power of compounding, the Goods then remain to him as a Security,
and he may detain them till Payment, as he may for Freight; but then it is to
be conſidered, whether, when he has once delivered them to the Owner, or
to his Uſe, he has not departed with his Security, and has no Way to come at
tiem againgias it is in Caſe of Freight. Theſe Things are confiderable if we
go into the Merits of the Cauſe, but that not being before us, I give no Opi-
nion therein.
S. C.Salk.35. · A Ship was outward bound to
and being in Diſtreſs at Sea in
Éd. Raymond, her Voyage, put into Boſton in New-England, and there the Maſter took up
9.982, 983,
Money, which he applied in Neceſſaries for the Ship; and, as a Security for
Trin. Term. the Repayment, by Way of Hypothecation, made a Bill of Sale to the Party
2 Ann, Reg; of Part of the Ship, who now libelled in the Court of Admiralty againſt the
Shippen. Ship and Owners, to compel the Payment of the Money. Serjeant Darnall
moved for a Prohibition, and a Day was given to hear Counſel on both sides.
On the Day, Serjeant Darnall infifted, that as this Caſe is, there ought to go
a-Prohibition, becauſe it appears, upon the Face of the Libel, that this Hy-
pothecation was upon Land in Port, viz. at Boſton, and not upon the Sea, as
it ought to be, to give that Court a Juriſdiction. Beſides, this appears to be
a:Bill of Sale of Part of the Ship, upon which the Party may have his Reme-
dyat Common Law, and not a proper Hypothecation. Alſo the Proceedings
are againſt the Owners as well as againſt the Ship; and, if the Owners are lia-
ble, they are chargeable at Common Law.
Mr. Chefbyre, againſt 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 ſame Point as this Cafe, in this Court,
between Calart and Lawdſley, Trin. I Will. & Mar, where the Hypothecation
was in Port, viz. at Rotterdam. The ſame was adjudged here, Hil
. 1696, be-
tween Benoir and Jeffrys; and, about a Year ſince, between Juſtin and Ballam,
a Prohibition was granted, becauſe it did not appear there was any Hypothe-
cation. In this Gafe the Neceſſity of the Thing requires that it be done at Land,
and it would be prejudicial to Navigation, if this Suit in the Admiralty ſhould
notibe.
Holt, Chief Juſtice. The Caſe of Coffart and Lawdſley was the ſame as this;
and there, on a Demurrer to a Declaration in a Prohibition, a Conſultation was
awarded by the whole Court. When an Hypothecation is made, either for
Money to buy Neceffaries, or for Neceffaries for the Ship in a Voyage, the
Court of Admiralty háveta Juriſdiét; for the Party has no other Remedy; we
cannot give him any Remedy againſt the Ship; and if the Suit there ſhould
not be allowed, the Maſter will have no Credit to take up Neceffaries for the
Uſe of the Ship.
Powel, Juſtice, of the fame Opinion.
HoltsiChief Juſtice: No Maſter of a Ship can have Credit abroad, but upon
the Security by Hypothecation, and Thall we hinder the Court of Admiralty
from giving Remedys when we can give none ourfelves? It will be the great-
eſt Prejudice to Trade that can be, to grant a Prohibition in this Caſe. In-
See before. deed, if a Ship be hypothecated here in England before the Voyage begin, that
is not a Matter within the Juriſdiction of the Court of Admiralty, for it is a
Contract made here, and the Owners can give Security to perform the Contract.
Which iPowel agreed.
Coireitona


Vide ante.
I
4. Holt,
CAPTAINS, AND SAILORS.
97
Holt, Chief Juſtice. There is no Difference whether the Hypothecation be
alledged in the Libel to be made in Port, or appears ſo to be by the Suggeſtion,
as it was in the Caſe of Coſſart and Lawdſley; and as to what you ſay, that this
is a Bill of Sale, and ſo a Remedy at Law, that is not ſo, for the Maſter has no
Authority to ſell any part of the Ship, and his Sale transfers no Property; but he
may hypothecate
. 'And ſince the Proceedings in the Court of Admiralty are
againſt the Owners, as well as againſt the Ship, let a Prohibition go quoad the
Proceedings againſt the Owners, and let then go on to condemn the Ship. To
which the reſt
of the Judges agreed.
The preceding few caſes may ſerve to ſhow the Power lodged in the Captain
to engage his Ship for Payment of what Caſh he may take up for his Repairs and
Uſe ; and though the Law diſallows of his ſelling her, yet ſhe is obliged for the
fulfilling his Contracts ſo far as her Value, and that of her Freight (as has been
Thewn before); though he on his Part muſt give a juft Account to the Owners,
how the Money he has received was expended, and is conſequently anſwerable
to them for the ſame, and to act upon the Truſt repoſed in him, and the good
Conduct expected from him.
He muſt not carry any counterfeit Cockets or other fictitious and colourable 13 R.II, C.9.
Ship-Papers, that may occaſionally involve the Goods of the Innocent with the
Nocent.
Nor muſt he refuſe the Payment of any juſt and ordinary Duties and Port Leg. Oltron.
Charges, Cuitoms or Impoſts, to the Hazard of any Part of his Lading; yet if 24.
he offers that which is due and he ought to pay then he is excuſed.
Boats, Anchors and Sails are diſtrainable if the Maſter refuſes to pay Port
Duties, but no paſt of the Cargo, for the Ship and its Maſters are anſwerable
for theſe Duties, as was adjudged in Favour of the Mayor and Burgeſſes of
Newcaſtle, Salkeld 249, Michaelmas Term. 10 Will. III. But Chief Juſtice Holt
gave a ſeparate Opinion from the Court, that the Cargo is likewiſe liable. It
is, however, the ſafeſt Way to diſtrain Things belonging to the Ship, or to the
Mafter,
Every Maſter ought carefully to examine his Rigging and Tackle before pro-
ceeding on a Voyage, that he may not fail with any inſufficient and defective;
nor oughthe to go with fewer or ſmaller Cables than is uſual and requiſite for a
Ship of equal Burthen with his ; for, if any Damage happens in delivering the
Goods, either in a Lighter or otherwiſe, by the breaking of a Rope or the like,
hemuſt be anſwerable for it; but, when once out of his Čuſtody, he is no further
reſponſible; ſo 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 Maſter) muſt be
accountable for it. But if fine Goods, or the like, are put into a cloſe Lighter,
to be conveyed from the Ship to the Key, it is uſual in this Caſe for the Maſter
to ſend a competent Number of his Mariners to look to the Merchandize, and if
then any Part thereof be loſt or embezzled, the Maſter is reſponſible*, and not
the Wharfinger ; but if ſuch Goods are to be ſent on board a Ship, there the
Wharfinger at his Peril muſt take Care the ſame be preſerved.
On his Arrival at his deſtined Port, his firſt Care ſhould be to ſee his Ship well 18Eliz. C. 9:
anchored and moored, and, after ſhe is reladen, not to depart till ſhe is cleared; 14 Car. II.
for if any Damage happens through his, or his Mariners Fault or Neglect, where-
by the Cargo is prejudiced, he muſt anſwer the ſame.
If there is a Conſul or Vice Conſul appointed by his Sovereign, or by any
Commercial Company authoriſed by the Crown to appoint ſuch an Officer,
reſident at the Port where any merchant Ship arrives, it is the Duty of the
Maſter, to report his Arrival with his own Name, the Name of the Ship, and
whereof her Cargo principally conſiſts, and to put himſelf under his Protection,
as far as his Authority extends, during his Stay in Port, If the Maſter does not
conform to the legal Orders of the Conſul of his Nation, and any Accident or
Damage happens to his Ship or Cargo, he will be anſwerable, and not the
Owners or Freighters. As in the following Caſe: A Maſter of an Engliſh Ship
had moored her in the Harbour of Oftend, in a Place judged improper by the
Quay-Maſter'; on being ordered to remove her to another, he refuſed to obey
either
* Paſch. 26 Car, ruled at Guildhall by L. C. Holt.






Сс
OF SHIPS, OWNERS,
Cumin Debi-
to F. de Pro-
bat.
de Navibus
non excuf.
1 Rolls Abr.
30.
Furnes verí.
Smith.
either the Quay-Mafter, or the Conſul. The Quay-Mafter hereupon cut the
Cables, and the Ship being adrift, bulged againſt the oppoſite Side of the Baſon,
and was conſiderably damaged. The Conſul; at the Requeſt of the Merchant to
whom the Cargo was conligned, proteſted againſt the Maſter, in favour of the
Owners, and he paid the Damages. He would have been impriſoned by the
Magiſtrates of Oſtend, if the Conſul had not interceded.
Digeft. L. And as the Law ſubjects him to the aforeſaid Things in Port, ſo it does to
many others in his Voyage ; as that if he deviates in his Courſe without juſt Cauſe,
or ſteers a dangerous and unuſual one, when he may have a more ſecure Paſſage
(though to avoid illegal Impoſitions he may ſomewhat change it); nor may he
Lib. I. Cod. ſail by Places infeſted by Pirates, Enemies, or other Places notoriouſly known
to be unſafe, nor engage his Veſſel among Rocks, or remarkable Sands, not being
neceffitated thereto by Violence of Wind and Weather, or deluded by falſe
Lights.
No Maſter is anſwerable for the Contracts of his Mariners, but they may be
detained for their Crimes.
He that will charge a Maſter with a Fault in relation to his Duty, by the
marine Law, muſt not think that a general Charge is ſufficient, but he ought to
aſſign and ſpecify the very Fault wherewith he is ſo charged.
So he that will infer, that ſuch or ſuch a fad Diſaſter hath happened, or been
occaſioned by Reaſon of ſome Fault in the Mariners, muſt not only prove the Fault
itſelf, but muſt alſo prove that that Fault did diſpoſe to ſuch a ſad Event; or that
ſuch a Misfortune could not have happened, without ſuch a Fault precedent.
If an Infant, being Maſter of a Ship, contracts to bring Goods from any
Port
to England, and there to deliver them, but does not deliver them according to
Agreement, but waſtes and conſumes them, he may be ſued in the Admiralty
Court although he be an Infant; for this Suit is but in Nature of a Detinue or
a-Trover and Conver hon at the Common Law; and a Prohibition denied for
that Cauſe
A Maſter can let out his Veſſel to freight, take in Goods and Paſſengers, mend
and furniſh his Ship, and to that Effect he may (if need be) in a ſtrange Country,
borrow Money upon the Ship, ſome of the Tackle, or ſell ſome of the Merchan-
dize; and in this latter Caſe, the higheſt Price that the Remainder is ſold for,
muſt be paid to the Merchant or Owner of them, who in Return muſt pay Freight
as well for what (through Necefſity) was fo fold, as for what remained. Leg.
Oleron I. But, if the ship in the Voyage afterwards ſhould happen to be cait
away, then only ſhall be tendered the Price that the Goods were bought for.
Leg. Oleron. By the Common Law, the Maſter of a Ship ſhould not impawn the Ship or
Goods; for any Property, either general or ſpecial, was not in him, nor is ſuch
Latch, 2;2. Power given unto him by the conſtituting of him a Maſter. Yet the Common
Noy 96. Law hath held the Law of Oleron reaſonable, that if a Ship ſprings a Leak at
ReOleron. Sea, or is in Want of Victuals and other Neceſſaries, whereby ſhe is either in
Danger, or the Voyage may be defeated, that in ſuch Caſe of Neceſſity the Maſter
Salk.34 pl.i.
may impawn for Money, or other Things, to relieve ſuch Extremities, by em-
ploying the ſame to that End; and therefore he being the Perſon truſted with
the Ship and the Voyage, may be reaſonably thought to have the Power given to
him implicitely, rather than to ſee the whole loft.
2 Vernon 645.
In Chancery
The Maſter of a Ship putting into Port by Streſs of Weather on his Voyage,
and having no Money, may hypothecate, or mortgage the Ship, for Neceſſaries or
Repairs, and the Owners muſt indemnify him ; but he cannot ſell the Ship,
neither ought he, except in the Caſe of extreme Neceſſity, to ſell any Part of
his Cargo. Indeed this Neceſſity can ſcarce ever happen, unleſs a Ship is dri-
ven into a place inhabited by Barbarians; for it is uſual in the Ports of all civi-
lized Nations, to take the Maſter's Bills of Exchangeon the Owners or Freigh-
ters for Repairs or Proviſions.
But if the Maſter takes up Money to repair or victual a Ship when there is
no Occaſion, he only ſhall become Debtor ; or if he takes up more Money than
was neceſſary, ſo that the Lender advances a far greater Sum than was wanted,
the Owners ſhall not be liable; for this would be to encourage Colluſion be-
tween the Maſters and Foreign Agents or Merchants ſupplying them, fuppofing
both

C. 22.
Hob. 11. 12.
Mo. 918.
C. 2. 12.
1709

CAPTAINS, AND SAILORS.
99
vide i Rolls
2.
three Days comix Thall arrive with his Ship at Graveſend, he ſhall not be above 12 Car. II,
both to have fradulent Deſigns. The Maſter therefore ought to be furniſhed by the
Party who has udertaken the Repairs or Victualling in the Foreign Port, with
far atteſted Bills of he neceſſary Acts done for the Ship, and of the Money' ad-
vanced for the ſame.
But a Maſter for any Debt of his own cannot legally impawn or hypothecate
the Ship, &c. for the ſame is no Ways liable, but in Caſe of Neceſſity, for the
Relief and completing of the Voyage.
Nor can he fell or diſpoſe of the ſame without an Authority or Licence 1 Siderf.4533
from the Owners; and when he does impawn or hypothecate the Vetřel or
Abr 530. pl.
Furniture, he ought to have the Conſent and Advice of his Mariners.
A Ship being repaired, &c. in the Thames, is not liable but the Owners: Pet.Will.367
Though the Maſter cannot on every Caſe of Neceſſity impawn the Veffel or judgement
.
Furniture ; for if ſhe be freighted, and he (being an Owner) is to join with the Oleron, C. 22.
reſt in buying Proviſions for the Voyage, and perhaps he wants Money (a great
Sign of Neceſſity) yet cannot he impawn the Veſſel or Furniture, otherwiſe, 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 Houſes; but ſuch Obligation of
the Veſſel muſt be in foreign Parts or Places where the Calamity or Neceſſity is
univerſal on the Veſſel, that will oblige all the Owners:
If the Veſſel happens afterwards to be caſt away, and the Mariners by their
great Pains and Care recover ſome of the Wreck and Lading, the Maſter in that
Caſe may pledge the ſame, and diſtribute the Product among his diſtreſſed Sail-
ors, in order to the carrying them Home to their own Country: But, if the
Mariners no Way contributed to the Salvage, then their Reward is loſt and funk
with the Veffel. And if there be any confiderable Part of the Cargo ſaved, he Ditto, C. 3.
ought not to diſmiſs the Mariners till Advice from the Freighters or Laders ;
for otherwiſe, perchance, he may be made liable,
If Merchants freight a Veſſel at their own Charges, and ſet her to Sea, and Leg. Oleron.
ſhe happens afterwards to be weather-bound, the Maſter may impawn either
the Ship or Lading at his Pleaſure, or at leaſt ſuch as he could moſt conveni-
ently raiſe Money on, rather than ſee the whole Voyage overſet or loſt; and, if
he cannot pawn the Lading, he may ſell the ſame, that is, ſo much as is neceſſary;
in all which Caſes his Act obliges ; however, Orders and Inſtructions from his
Owners are as careful to be regarded and followed as the Magnet.
When a
, .
three Days coming from thence to the Place of Diſcharge; nor is he to touch at
any Quay or Wharftillhecomes to CheſterQuay, unleſs hindered by contrary Winds
or Draught of Water, or other juſt Impediment, to be allowed by the Officers :
And likewiſe he or his Purfer are there to make Oath of the Burthen, Contents,
and Lading of his Ship, and of the Marks, Number, Contents, and Qualities of
every Parcel of Goods therein laden, to the beſt of his Knowledge ; alio where,
and in what Port, ſhe took in her Lading, and what Country built, and how
manned, who the Maſter during the Voyage, and who the Owners; and in
Out-Ports muſt come up to the Place of unlading, as the Condition of the Port
requires, and make Entries on Pain of rool. Nor is ſuch a Maſter to lade
aboard any Goods outward to any Place whatſoever, without entering the Ship
at the Cuſtom-Houſe, her Captain, Maſter, Burthen, Guns, Ammunition, and to
what Place the intends, and before Departure to bring in a Note under his Hand,
of every Merchant that ſhall have laid aboard any Goods, together with the Marks
and Numbers of ſuch Goods, and be {worn as to the ſame, on Pain of 100l.
Note, There is a Liſt of all foreign-built Ships in the Exchequer.
The Mate of a Ship, as well as a ſingle Mariner (or a Number of them) may Ľd. Raymond,
ſue in the Admiralty Court for their Wages, as the Mate only differs from the P. 398, 432.
Sailors in Title, being a Servant to the Maſter with whom he Contracts as the
Mariners do.
Upon a Motion for a new Trial in an Action for a Seaman's Wages, Holt, Ditto,P.639.
Chief Juſtice, laid, that if the Ship be loſt before the firſt Port of Delivery, then
the Seamen loſe all their Wages; but, if after ſhe has been at the firſt Port of
Delivery, then they loſe only thoſe from the laſt Port of Delivery ; but, if they.


C. 22.
I
run
100
OF SHIPS, OWNERS,
Chandler
verſ. Meade.
Brown verf.
run away, although they have been at a Port of Delivery; yet they loſe all their
Wages. Ex relatione m'ri Jacob.
If a Ship be taken by the Enemy before the arrives at her firſt Port of Deli-
very, the Seamen cannot recover any Wages; but if ſhe has delivered her Cargo,
and is taken on her 'Return, they will recover Wages for the outward-bound
Voyage, and half the Time of delivering the Cargo at the firſt Port of Delivery,
and no more, As was adjudged in the Caſe of Seamen belonging to an Eaſt
Indiaman, taken by the French on her return Home, by Chief Juſtice Holt.
See Raymond's Reports 739; 10. Will. III.
L. Raymond, In an Action brought for Mariners Wages, for a Voyage from Carolina to
Mich. Terim? London, it appeared, that the Plaintiff ſerved three or four Months, and before
4 Ann. Reg. the Ship came to London, which was the delivering Port, he was impreſſed into
Wiggins verſ. the Queen's Service; and afterwards the Ship arrived at the delivering Port; and
Ingleton.
ruled by Holt on Evidence at Guildhall, that the Plaintiff ſhould recover pro tanto
as he ſerved, the Ship coming ſafe to the delivering Port. Afterwards in ano-
ther Caufe in ſuch an AAion it appeared that the Plaintiff was hired by the Defen-
dant at Carolina, to ſerve on board the Jane Sloop, whereof the Defendant was
Maſter, from Carolina to England, at 31. per Month; that he ſerved two Months,
then the Ship was taken by a French Privateer, and ranſomed, and, juſt as ſhe
came off Plymouth, the Plaintiff was impreſſed, &c. and then the Ship came ſafe
into the River Thames, where ſhe diſpoſed of her Cargo; and, by Holt the
Plaintiff can have no Wages, the Ship having been taken by the Enemy and ran-
fomed. Mr. Raymond infiſted that in that Cafe he ſhould recover pro rata, and
that the Uſage ainong Merchants was ſo; which Holt ſaid, if he could prove, it
would do ; but, wanting Proof of it, the Plaintiff was nonſuited.
Ld. Raymond, The Suit here was for Seamen's Wages, upon the Arrival of the Ship at Guinea.
P. 1248. Powell, Juſtice, faid, he remembered a Caſe of the like Nature, where a Suit was
Benn & alios. commenced in the Court of Admiralty, by Sailors for their Wages, upon the Ar-
Eaft. Term. rival of the Ship at Newfoundland; and though the Merchants all held it no Port
5 Ann. Reg.
of Delivery, yet the Court of Admiralty heldit the contrary, and ſo did the Court
of Common-Pleas, upon a Motion for a Prohibition.
Every Seaman that hall ſerve in any of his Majeſty's Ships, or in any Ship be-
III
. C. 21. longing to any Subject of his Majeſty's Dominions, ſhall allow out of the Wages
for ſuch Service 6d. per Menfem, for Support of Greenwich Hoſpital, &c. which
monthly Allowance ſhall be collected as ſhall be appointed by the Commiffi-
oners for executing the Office of Lord High Admiral.
Ditto, S. 15. Licences ſhall be given, by Order of his Majeſty, or the Commiſſioners of the
Admiralty, to any Landmen deſirous to apply themſelves to the Sea-ſervice, to
ſerve in Merchant Ships, or other trading Veſſels, which ſhall be a Protection
againſt being impreſſed, for two Years following the Date of ſuch Licence ; pro-
vided that ſuch Landmen bring to the Regiſter two Inhabitants, or known in the
Place where they ſo enter themſelves, who ſhall aſſert their knowledge of ſuch
Landmen for two Years paſt, and in what Buſineſs they have known them
employed; and if any Perſon ſhall vouch any one for a Landman who ſhall be
proved to be a Seaman, he ſhall forfeit 2ol. and any Seaman's taking another's
Name, or any Perſon counterfeiting any Licence, ſhall forfeit 20l. and be liable
to ſuch further Puniſhment, as by Law may be inflicted for ſuch Miſdemeanour.
8 and 9 Will. For the better collecting the Duties at 6d. per Menfem, granted by the 7 Will. III.
HII C. 23. Cap. 21. it ſhall be lawful for the Commiſſioners for regiſtering of Seamen, or
their Deputies, by Warrant, to cauſe all Maſters of Ships, not in his Majeſty's
Service to appear before them, and ſuch Maſters upon Oath to examine, as to
the Number, Wages, and Time of Service, of every Perſon belonging to ſuch
Ships;
and if ſuch Maſters ſhall refuſe to appear, or ſhall obſtinately refuſe to
give a Diſcovery of the Matters aforeſaid, upon their Oaths, ſuch Offenders ſhall
forfeit 10l. to the Uſes mentioned in the ſaid Act, to be recovered by Action, &c.
Repealed as to the Regiſtering of Seamen, by 9 Ann. Cap. 21. Sect. 64.
Ditto, S. 7.
The Commiſſioners, &c. ſhall take the ſolemn Affirmation of Quakers,
inſtead of their Oath.
Foraſmuch



and 8 Will.
S. 1o.

S. 6.
5
CAPTAINS, AND SAILORS.
201
3.
S, I.
Foraſmuch as divers Perſons have perſonated Seamen, who have ſerved or are gandio Will.
fuppoſed to have ſerved on board his Majeſty's Ships, and thereby have received
III. C.41. S.
Money at the Pay-Office, or elſewhere, and have alſo forged Letters of Attorney
or of Sale, Aſſignments, or laſt Wills, in the Names of Perſons who have
ſerved, or were ſuppoſed to have ſerved, on board his Majeſty's Ships and do alſo
procure Men and Women to perſonate, and divers wicked Perſons do of their own
Accord perſonate, the Wives, Relations, or Creditors of ſuch Seamen, and
thereby have falſely taken out Letters of Adminiſtration to ſuch Seamen, or have
forged Letters of Attorney, Bills of Sale, or other Authorities, in the Names of
the Executors or Adminiſtrators of ſuch Seamen for the Receipt of ſuch Wages;
every ſuch Perſon, their Aiders or Abettors, that ſhall be convicted of the laid
Crimes, ſhall over and above the Penalties inflicted by any baws in Force forfeit
200l. with Coſts, &c.
No Will of any Seaman contained in the ſame Inſtrument, Paper, or Parch- Ditto, S. 6.
ment with a Letter of Attorney ſhall be good in Law.
No Perſon ſhall take more than is. for the Seal, Writing or ſuing forth Letters Ditto, S. 7.
of Adminiſtration, granted to the Wife or Children of any Seaman dying in the
Pay of his Majeſty's Navy, unleſs the Goods of ſuch Seaman amount to 201.
and if any Officer take more he ſhall forfeit to the Party grieved 10l.
It ſhall be lawful for two Juſtices of Peace, as alſo for Mayors, Aldermen, Bai-2 Ann. C. 6.
liffs, and other chief Officers and Magiſtrates of any City, or Town corporate;
and likewiſe for the Church-Wardens and Overſeers of the Poor of the ſeveral
Pariſhes, with the Approbation of ſuch Juſtices of Peace, Mayors, &c. to bind
out any Boys of the Age of ten Years or upwards, or who ſhall be chargeable, or
whoſe Parents are chargeable to the Pariſh, or who ſhall beg for Alms, to be
Apprentices to the Sea-Service, to any of her Majeſty's Subjects, Maſters, or
Owners of any Ship belonging to any Port within England, Wales, or Berwick,
until ſuch Boys Thall attain the Age of twenty-one Years; and the Age of every
ſuch Boy ſhall be mentioned in his Indentures, taken from a Copy of the Regiſter
Book, wherein the Time of his being baptized is entered (where the ſame can
be had) which Copy ſhall be given and atteſted by the Miniſter or Curate of ſuch
Pariſh, without Fee, and may be wrote without Stamp: And where no ſuch Entry
can be found, ſuch Juſtices, Mayors, &c. Thall inform themſelves of ſuch Boy's
Age, and inſert the fame in the Indentures ; and the Age ſo inſerted, ſhall be
taken to be his true Age.
The Church-Wardens and Overſeers of the Pariſh, from whence ſuch Boy Ditto, S. 2.
Thall be bound Apprentice, ſhall pay to ſuch Maſter, at the Time of his Bind-
ing, 5os. to provide Clothing and Bedding.
The Overſeers of the Poor of every Townſhip or Village may execute the Ditto, S. 3.
Powers hereby directed.
No ſuch Apprentice ſhall be impreſied, or ſuffered to enter into her Majeſty's Ditto, S. 4.
Service, till he arrive to the Age of eighteen Years.
The Church-Wardens and Overſeers ſhall ſend the Indentures to the Collec- Ditto, S. 5.
tor of Cuſtoms, reſiding at any Port whereunto ſuch Maſters of ſuch Ship belong,
who ſhall enter all Indentures ſo fent and make an Endorſement of the Regiſtry
thereof, without Fee; and ſuch Collector, neglecting to enter ſuch Indentures,
and endorſe the ſame, or making falſe Entries, ſhall forfeit 51. to the Uſe of the
Poor of the Pariſh, from whence ſuch Boy was bound; and ſuch Collector ſhall
tranſmit Certificates to the Admiralty, containing the Names and Ages of every
ſuch Apprentice, and to what Ship he belongs; and, upon Receipt of ſuch Cer-
tificates, Protections ſhall be given for ſuch Apprentices, till they attain their
Ages of eighteen Years, without Fee; which Certificates are not required to be
wrote on ſtamped Paper, &c.
Every Perſon to whom any poor Pariſh Boy ſhall be put. Apprentice, according Ditto, S. 6.
to 43 Eliz. Cap. 2. may with the Approbation of two Juſtices of Peace of the
County, dwelling in or near the Pariſh where ſuch poor Boy was bound, or with
the Approbation of any Mayor, Alderman, Bailiff, or other chief Officer or Magi-
ſtrate of any City, Borough, or Town Corporate, where ſuch Poor Boy was bound
by Indenture, turn over ſuch poor Boy Apprentice to any Maſter of ſuch Ship,
Dd
for



OF SHIPS, OWNERS,
for the remaining Time of his Apprenticeſhip; all which Indentures of Affigna
mentare to be regiſtered, and Certificates thereof tranſmitted, by ſuch Collector
at the Ports where ſuch Pariſh Apprentices ſhall be ſo afligned over, in Manner
aforeſaid ; and Protections ſhall be given for ſuch Apprentices, till they attain
their Age of eighteen Years.
Ditto, S. 7. All ſuch poor Boys, till they attain their Ages of eighteen Years, thall be
exempted from Payment of 6d. per Month to Greenwich Hofpital.
Ditto, S. 8. All Maſters or Owners of Ships of thirty to fifty Tons, ſhall be obliged to take
one ſuch Apprentice, and one more for the next fifty Tons, and one more for
every hundred Tons ſuch Ship ſhall exceed the Burthen of one hundred Tons ;
and ſuch Maſter or Owner refuſing to take ſuch Apprentice, ſhall forfeit 10l. for
the Uſe of the Poor of the Pariſh from whence ſuch Boy was bound.
Ditto, S. g. Every Maſter or Owner of ſuch Ship, after his Arrival into Port, and before
he clears out, ſhall give an Account under his Hand to the Collector of ſuch Port
to which he belongs, containing the Names of ſuch Apprentices as are then in
his Service.
Ditto, S. 10. Every ſuch Apprentice ſhall be ſent to the Port to which his Maſter ſhall be
long, by the Church-Wardens and Overſeers of the Pariſh from whence ſuch
Apprentice is bound, the Charges to be provided, as the Charges for ſending of
Vagrants.
Ditto, S. 11.
The Counterpart of ſuch Indentures ſhall be atteſted by the Collector at the
Port (where ſuch Apprentice ſhall be bound or aſſigned over) and the Conſtable,
or other Officer, who ſhall bring ſuch Apprentices, which Conſtable, &c. ſhall
tranſmit the Counterparts of ſuch Indentures, to the Church-Warden and
Overſeers of the Pariſhes from whence ſuch Apprentices ſhall be bound.
Ditto, S. 12. Two Juſtices of Peace, dwelling in or near the Ports, and all Màyors, Alder-
men Bailiffs, and other chief Officers and Magiſtrates of any City, Borough or
Town corporate, in, or near adjoining to ſuch Port to which ſuch Ship ſhall
arrive, ſhall have power to enquire into and examine, hear, and determine all
Complaints of ill Uſage from the Maſters to ſuch Apprentices, and alſo of all
ſuch as ſhall voluntarily put themſelves Apprentices to the Sea-Service, as afore-
ſaid, as in other Caſes between Maſters and Apprentices.
Ditto, S. 13.
Every ſuch Collector ſhall keep a Regiſter, containing, as well the Number
and Burthen of ſuch Ship, together with the Maſter's or Owners Names, as alſo
the Names of ſuch Apprentices in each Ship belonging to their Ports, and from
what Pariſhes ſuch Apprentices were ſent, and ſhall tranſmit Copies of ſuch Regi-
fter to the Quarter Seſſions, or to ſuch Cities, Boroughs, Towns corporate,
Pariſhes, or Places, when required, for which Copies no Fees ſhall be taken, &c.
Ditto, S. 14. Every Cuſtom-Houſe Officer, at each of the Ports, ſhall infert at the Bottom
of their Cockets, the Number of Men and Boys on board the Ships, at their go-
ing out of every ſuch Port, deſcribing the Apprentices by their Names, Ages,
and Dates of their Indentures, for which no Fee ſhall be taken.
Ditto, S. 15. Every Perſon who ſhall voluntarily bind himſelf Apprentice to any Maſter
or Owner of a Ship ſhall not be impreſt into her Majeſty's Sea-Service during
three Years from the Date of the Indentures, which Indentures are to be regi-
ſtered, and Certificates thereof tranſmitted by ſuch Collector at the Port where
fuch Apprentices ſhall bind themſelves, as aforefaid: Upon Receipt of which,
Protections ſhall be given for the ſaid firſt three Years of their Apprenticeſhip,
without Fee.
Ditto, S. 17.
When Pariſh Children of the Age of eighteen Years, and other voluntary Ap-
prentices fhall be impreſſed, or enter into her Majeſty's Service, the Maſter's of
fuch Apprentices ſhall be entitled to able Seamen's Wages for ſuch of their Ap-
prentices as ſhall upon Examination be found qualified.
4 and 5 Ann. No Maſter ſhall be obliged to take any Apprentice under the Age of thirteen
C. 19. s. 16. Years, or who ſhall not appear to be fitly qualified, both as to Health and Strength
of Body for that Service ; and any Widow of the Maſter of ſuch Ship, or the Exe-
cutor, or Adminiſtrator of ſuch Maſter, who ſhall have been obliged to take
fuch Pariſh Boys Apprentice, ſhall have the fame Power of afſigning over ſuch
Apprentices, to any other Maſters of Ships who have not their Complement, as is
given

1
CAPTAINS, AND SAILORS.
103
S. 1.
given by the Act, 2 Ann. Cap. 6. to ſuch Perſons as have taken Apprentices, in
Purſuance of the 43 Eliz. Cap.2,
No Perſon of the Age of eighteen Years ſhall have any Protection from her Ditto, S. 17
Majeſty's Sea Service who have been in any Sea Service before the Time they
bound themſelves Apprentices.
To the Intent, that 6d. per Menfem, may be effectually collected, every Per- 10 Ann.C.174
ſon that ſhall ſerve her Majeſty or any other in any of her Majeſty's Ships, or in
any Ships belonging to Subjects of Great-Britain or Ireland, or Dominions there-
unto belonging, and every Maſter working in his own Ship, whether employed
upon the high Sea or Coaſts, or in any Port, Bay, or Creek (other than ſuch Ap-
prentices under the Age of eighteen Years as are exempted from Payment of
6d. per Menſem, by 2 Ann. Cap. 6. and Perſons employed in any Boat upon the
Coaſts in taking of Fiſh, which are brought freſh on Shore into Great-Britain
and Ireland, and Perſons employed in Boats that trade only from Place to Place,
within any River, or in open Boats upon the Coafts) ſhall pay the ſaid 6d. per
Menfem, for the Support of Greenwich Hoſpital.
The Maſter of every Ship, not in her Majeſty's Service, is required to deduct Ditto, S. z.
out of the Wages accruing to ſuch Seamen 6d. per Menſem, and pay the ſame to
ſuch Officers as ſhall be appointed by the Commiſſioners for executing the Office
of Lord High Admiral.
- It ſhall be lawful for the Commiflioners executing the Office of Lord High Ditto, S. 3.
Admiral, to appoint Receivers of the ſaid Duty, and to authorize ſuch Receivers
to depute the Collectors, or other Officers of the Cuſtoms, of the out Ports
and of the Ports of Ireland, or ſuch other' as they ſhall think fit, to collect the
ſame; and it ihall be lawful for the Commiſſioners executing the Office of Lord
High Admiral, to make ſuch Allowance to them out of the ſaid Duties as they
fhall judge reaſonable.
It thall be lawful for the ſaid Receivers, or their Deputies, by Warrant to ſum- Ditto, $. 4.
mon all Maſters, or (in their Abſence) the Owners of Ships not in her Majeſty's
Service, to appear at the Office of the ſaid Receivers, &c. (ſo as the Perſon ſum-
moned be not obliged to travel above ten Miles) which Receivers, or their De-
puties, are empowered to examine every ſuch Maſter or Owner as to the Num-
ber and Times of Service of all Perſons belonging to ſuch Ships, who are charge-
able with the ſaid 6d. per Menfem; and, if ſuch Maſters or Owners ſhall refuſe,
when ſummoned (not having a reaſonable Excuſe) to appear, or if they ſhall obſti-
nately refuſe to make diſcovery of the Matters aforeſaid upon their Oaths, or ſhall
neglect to pay the Monies due to the Hoſpital within fourteen Days after they
ſhall be cleared inwards, ſuch Offenders ſhall forfeit 2001. &c. and if any
ſuch
Maſter ſhall attempt to go to Sea with his Ship, before he hath paid the ſaid Duties
for the Voyage preceding, ſuch Receivers, or their Deputies, are impowered to
ſtop fuch Ship, and, upon the Death or Removal of any Maſter, the Owners ſhall
deliver to the ſucceeding Maſter a true Account of the ſaid Duty due to the Hoſpital,
and Money ſufficient for the Payment of the ſame, and in Default ihereof,
ſuch Receivers, or their Deputies, may ſtop ſuch Ship froin proceeding to Sea.
In all Cafes where by this Act an Oath is required to be taken, the folemn
Affirmation of Quakers ſhall be accepted inſtead of ſuch Oath ; and, in Cafe any
Quaker ſhall, upon ſuch Affirmation, declare any Matter which ſhall be falſe,
or if any other Perſon ſhall, purſuant to this Act, willingly make a falſe Oath,
he (being lawfully convicted) Thall ſuffer like Puniſhment, as Perfons convicted
of wilful Perjury,
No private Contracts made by any Seamen ſhall obſtruct or delay the Pay- Ditto, S. 6.
ment of the Duties appropriated to the faid Hoſpital.
This Act shall be a publick Act, &c.
Nothing in this Aa fhall oblige the Payment of 6d. per Menfem, by any Ditio
, s. 8.
Maſters or Servants of the Hoys or Veſſels belonging to the Port of London,
and employed within the North Foreland, in bringing Corn, Fiſh, or other Pro-
viſions, for London.
The Commiffioners of the Admiralty ſhall conſider as qualified for an Ad-
million into the faid Hoſpital, any Seaman who shall offer himſelf to be admitted,
and



Ditto, S.S.

Ditto, S. 7,
Ditto, S. 26.
104
OF SHIPS, OWNERS,
Geo.II. St.2.
and ſhall produce a Certificate of his having been wounded or hurt in defending,
any Ship belonging to the Subjects of her Majeſty againſt Enemies, or in taking
any Ship from the Enemy, and thereby diſabled from Sea Service. This Sect.
confirmed by 8 Geo. II. Cap. 29. Seet. 10.
The Governors, Miniſters, and Conſuls, appointed by his Majeſty in foreign
C. 14. S. 12. Parts, or, where none ſuch are reſident, any two Britiſh Merchants there reſiding
are required to ſend and provide for all ſeafaring Men and Boys, Subjects of Great-
Britain, that ſhall by Shipwreck, Capture, or other unavoidable Accident, be
driven or caſt away to ſuch foreign Parts ; and the faid Governors, &c. are re-
quired to ſubſiſt ſuch ſeafaring Men and Boys, after the Rate of 6d. per Diem
each, and to ſend Bills of their Diſburſements, with proper Vouchers to the Com-
miſſioners of the Navy, who are to cauſe immediate Payment to be made of ſuch
Bills; and the ſaid Governors, &c. ſhall put the ſaid Men and Boys on board the
firſt Ship belonging to his Majeſty that thall arrive at any Parts within a conve-
nient Diſtance: And if no Ship of War ſhall be within a convenient Diſtance,
they ſhall ſend the ſaid Men and Boys on board ſuch Merchant Ships as are bound
for Great-Britain, and are in want of Men to make up their Complement; but
if neither Cafe happen, they ſhall provide a Paſſage Homeward for ſuch Men and
Boys in the firſt Merchant Ship bound for Great-Britain ; and every Maſter of
a Merchant Ship Homeward bound from thence thall take on board ſo many of
fuch ſeafaring Men and Boys as the ſaid Governors, &c. ſhall direct, not exceed-
ing four for each hundred Tons of his Ship.
Ditto, S. 13.
Every Maſter of a Veſſel who ſhall 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 Direction, and the Time of taking them, and
ſhall make an Affidavit at his Return, ſetting forth the Time during which
he ſubſiſted them, and that he did not, during that Time, want of his own
Complement of Men, or how many he did want, and for what Time, ſhall
receive from the Commiſſioners of the Navy, 6d. per Diem for the Paſſage and
Proviſions of each Man and Boy, from the Day of their Embarkation Home-
wards, to the Day of their Arrival, or being put into ſome Ship of War; 6d.
per Diem only being deducted for ſuch Time as he wanted of his Complement.
The ſeveral Acts concerning the Duty of 6d. per Month, payable by all Sea-
Cap. 7. S. 1. men, for Support of Greenwich Hoſpital, ſhall extend to all Ships belonging to
his Majeſty's Subjects within the Inlands of Jerſey, Guernſey, Alderney, Sark,
and Man, and within all his Majeſty's Dominions in America, as well as to thoſe
within Great Britain and Ireland.
Ditto, S. 2. For the better collecting the ſaid Duties, it ſhall be lawful for the Receivers
thereof to depute any Officer of the Cuſtoms in the ſeveral Ports of the ſaid
Illands and Colonies, or ſuch other perſons as they ſhall think fit, to collect
the ſame ; and the Commiſſioners of the Admiralty may make ſuch Allowance
to them out of the ſaid Duty as they ſhall judge reaſonable.
Ditto, S. 3.
The Collectors of the Duties in the Ports of the ſaid Iſlands and Colonies
ſhall fummon and examine upon Oath all Maſters and Owners of Ships belong-
ing to his Majeſty's Subjects as by 10 Ann. Cap. 17. And if any ſuch Maſter ſhall
neglect to appear and make ſuch Diſcovery, ſuch Maſter, &c. fhall forfeit 201.
Money of Great-Britain.
Ditto, S. 4:
All Maſters, &c. of Ships belonging to the King's Subjects within the ſaid
Iflands or Colonies, ſhall pay ſuch Part of the ſaid Duty as ſhall be due at their
Arrival, and during their Continuance in Great-Britain or Ireland within the
ſaid Kingdoms; and ſuch Part as ſhall be due at the Time of their Return to,
and during their Continuance in the ſaid Iflands or Colonies, within the ſaid
Ilands and Colonies; and all Maſters, &c. of Ships belonging to any Subjects
of his Majeſty within Great-Britain or Ireland, who ſhall trade from thence to
any of the ſaid Iſlands or Colonies, ſhall pay the ſaid Duty of 6d. per Month,
only in Great-Britain or Ireland.
Ditto, S. 5. It Thall be lawful for the Receivers of the Duty, and their Deputies, by
Warrant, to ſummon and examine upon Oath all Mafters, &c. of Ships em-
ployed by the Navy, Vi&ualling, Ordnance, Cuſtoms, Poft-Ofice, or any other
5
Public
2 Geo. II.

CAPTAINS, AND SAILORS.
105
Public Offices of the Crown, in the Service of his Majeſty; and if ſuch
Maſter, &c. refuſe to appear, or to make Diſcovery, or ſhall neglect to pay the
ſaid Duty, they ſhall forfeit 20l.
The Secretaries or chief Clerks of the Navy, &c. uſually employing Shipping Ditto, S. 6.
for the Service of his Majeſty, ſhall, on the firſt of January in each Year, or
within twenty Days following, deliver into the Office of the Receiver of the
Duty in the Port of London, a Liſt of the Ships that, in the Year preceding,
ſhall have been employed by ſuch Offices, and of all Ships which remain in the
Service of ſuch Offices, and of ſuch as ſhall be diſcharged, and of the Names of
the Maſters, &c. and the Number of Seamen employed in every ſuch Ship; and
no Treaſurer, or other Officer belonging to ſuch Offices, ſhall make out or pay
any Bill for the Freight of any Ship fo employed, or pay any Wages to any
Maſter, &c. till ſuch Maſter, &c. Thall produce to ſuch Treaſurer, &c. an
Acquittance ſigned by the Receiver or his Deputy, whereby it ſhall appear that
ſuch Maſter, &c. hath paid the ſaid Duty of 6d. per Month, and that he is not
more than 30 Days in Arrear to the Hoſpital; and if any Default ſhall be made
by any Secretary, &c. he ſhall forfeit gol.
All Maſters of Merchant Ships, or other private Veſſels, liable to the Duty of
6d. per Month, ſhall pay the ſaid Duty before any ſuch Ships ſhall be cleared
inwards, in any of the Ports of Great-Britain or Ireland, or the Iſlands of
Guernſey, Jerſey, &c. or of the Colonies in America; and no Officer of the
Cuſtoms ſhall clear inwards any Merchant Ship liable to the ſaid Duty, or
grant any Warrant, or give or make out any Cockett, Tranfras, Returns, or
Diſcharges to ſuch Ships, nor ſuffer them to go out of Port till the Maſter, &c.
produce to the Officer an Acquittance ſigned by the Receiver, whereby it ſhall
appear, that ſuch Maſter &c. hath paid the ſaid Duty, and that he is not more
than thirty Days in Arrear : And every Maſter of ſuch Ship who ſhall neglect
to pay the 6d. per Month, alſo every Officer of the Cuſtoms who ſhall make
Default in the Premiſes, ſhall forfeit 201.
It ſhall not be lawful for any Maſter of a Ship, bound beyond the Seas, to 2 Geo. II. C.
carry any Mariner, except his Apprentices, from the Port where he was ſhipped 36. S. 1.
to proceed on any Voyage beyond the Seas, without firſt coming to an Agree-
ment with ſuch Mariners for their Wages, which Agreement ſhall be made
in Writing, declaring whát Wages each Seaman is to have for ſo long Time as
they ſhall ſhip themſelves for, and alſo to expreſs in the Agreement the Voyage
for which ſuch Seaman was ſhipped; and if any ſuch Maſter ſhall carry out any
Mariner, except his Apprentice, upon any Voyage beyond the Seas, without
firſt entering into ſuch Agreement, and he and they ſigning the ſame, he ſhall
forfeit 5l. for every ſuch Mariner to the Uſe of Greenwich Hoſpital, to be reco-
vered on Information on the Oath of one Witneſs, &c. and in Cafe he refuſes to
pay the Forfeiture, it ſhall be levied by Diſtreſs, &c.
If any Seaman ſhip himſelf on board any Merchant Veſſel, on an intended Ditto, S. 2.
Voyage for Parts beyond the Seas, he ſhall be obliged to ſign ſuch Agreement
within three Days after he ſhall have entered himſelf, which Agreement ſhall
be concluſive to all Parties for the Time contracted for.
If any Seaman fhall deſert, or refuſe to proceed on the Voyage, or ſhall Ditto, S. 3.
deſert in Parts beyond the Seas, after he ſhall have ſigned ſuch Contracts, he
fhall forfeit to the Owners of ſuch Ship the Wages due to him at the Time of
deſerting or refuſing to proceed on the Voyage.
If any ſuch Seaman ſhall deſert, or abſent himſelf from ſuch Ship, after he hath Ditto, S. 4.
figned ſuch Contract, upon Application made to any Juſtice of the Peace by
the Maſter, other Perſon having Charge of the Ship, it ſhall be lawful for
ſuch Juſtice to iſſue his Warrant to apprehend ſuch Seaman; and if he ſhall
refuſe to proceed on the Voyage, and ſhall not give a ſufficient Reaſon for ſuch
Refufal, to the Satisfaction of the Juſtice, to commit him to the Houſe of
Correction, to be kept to hard Labour, not exceeding thirty Days, nor leſs than
fourteen.
If any Seaman ſhall abſent himſelf from the Veffel to which he belongs Ditto, S. s.
without Leave of the Maſter, or other Chief Officer having Charge of ſuch
Ship,









Еe
106
OF SHIPS, OWNÉRS,
Ditto, S. 7.
Car. II. Cap. two hundred Tons or
Ship, he ſhall for every Day's Abſence forfeit two Day's Pay to the Uſe of
Greenwich Hofpital.
Ditto, S. 6. If any Seaman, not entering into the Service of his Majeſty, fhall leave the
Veſſel to which he belongs, before he ſhall have a Diſcharge in Writing from
the Maſter, or other Perſon having Charge of ſuch Veſſel, he Thall fofeit one
Month's Pay.
On the Arrival of any Vefſel into Great-Britain, from Parts beyond the
Seas, the Maſters ſhall pay the Seamen their Wages, if demanded, in thirty Days
after the Veſſel's being entered at the Cuſtom-houſe (except where a Covenant
ſhall be entered into to the contrary) or at the Time the faid Seamen thall be
diſcharged which thall firſt happen, deducting out of the Wages, the Penalties
by this Act impofed, under Penalty of paying to ſuch Seamen that ſhall be
unpaid 205. over and above the Wages to be recovered as the Wages may be
recovered ; and ſuch Payment of Wages ſhall be good in Law, notwithſtanding
any Action, Bill of Sale, Attachment, or Incumbrance whatſoever.
Ditto, S. 8. No Seaman, by ſigning ſuch Contract, ſhall be deprived of ufing any Means
for the Recovery of Wages, which he may now lawfully uſe; and where it
ſhall be neceſſary that the Contract in Writing ſhould be produced in Court, no
Obligation ſhall lie on any Seaman to produce the fame, but the Maſter or
Owner of the Ship, and no Seaman Mall fail in any Adion or Proceſs for
Recovery of Wages, for want of fuch Contract being produced.
Ditto, S. 9.
The Maſters or Owners of Ships fhall have Power to deduct out of the
Wages of any Seaman all Penalties incurred by this Act, and to enter them in a
Book, and to make Oath, if required, to the Truth thereof; which Book
ſhall be ſigned by the Maſter and two principal Officers belonging to ſuch Ship,
ſetting forth, that the Penalties contained in ſuch Book are the whole Penalties
ſtopt from any Seamen during the Voyage; which Penalties (except the Forfeita
ure of Wages to the Owners, on the Deſertion of any Seaman, or on refuſing
to proceed on the Voyage) Ihall go to the Uſe of Greenwich Hoſpital, to be
paid and accounted for by the Maſters of Ships coming from beyond the Seas
to the fame Officer at any Port, who collects the 6d. per Month, which Officer
ſhall have Power to adminiſter an Oath to every Maiter touching the Truth of
ſuch Penalties.
Ditto, S. 100 If any Maſters or Owners of Ships ſhall deduct out of the Wages of any Sea-
men any of the Penalties by this Act directed, to the Uſe of Greenwich Hoſpital,
and ſhall not pay the Money to fome Officer who collects the 6d. per Month,
in the Port where the Deduction ſhall be made, within three Months after ſuch
Deduction, they ſhall forfeit treble the value to the Uſe of the Hoſpital;
which, together with the Money deducted, Thall be recovered by the ſame Means,
as the Penalties for not duly paying the 6d, per Month.
This Act ſhall be a public Act.
This Act fhall continue five Years, &c.
Nothing in this Act'fhail debar any Seaman from entering into the Service of
his Majeſty; nor ſhall fuch Seaman for ſuch Entry forfeit the Wages due to
him during his ſervice in fuch Merchant Ship; nor ſhall ſuch Entry be deemed
a Defertion.
Continued by 8 Geo. II. Cap. 21. to 25 March, 1749, &c. Farther continued
by 23 Geo. II. p. 487. to 25 March 1764; and from thence to the End of
the then next Seſion of Parliament.
Where any Goods ſhall be laden on board any Engliſh Ship of the Burden of
the Commander ſhall yield up the Goods to any Turkiſh Ships, or to any Pirates
or Sea Rovers, without fighting, he ſhall, upon Proof thereof made in the
Court of Admiralty, be incapable of taking Charge of any Engliſh Ship as
13and 14Gar. Commander; and if he ſhall hereafter take upon him to command any Engliſh
Ship, he ſhall ſuffer Impriſonment by Warrant from the ſaid Court during fix
Months for every Offence; and in Caſe the Perſons taking the ſaid Goods
fhall releaſe the Ship, or pay unto the Maſter any Money or Goods for Freight,
or other Reward, the faid Goods or Money, or the Value thereof, as alſo the
Maſter's




S. 1I.
S. 12.
S. 13.

22 and 23
11. S. 2.
S. 33:
CAPTAINS, AND SAILORS:
107
1
8.
Maſter's Part of ſuch Ship ſo releaſed, ſhall be liable to repair the Perſons whoſe
Goods were taken, by A&tion in the Court of Admiralty; and in Caſe the Com-
mander's Part of the Ship, together with ſuch Money and Goods, ſhall not be
fufficient to repair all the Damages ſuſtained, the Reparations recovered on the
Maſter's Part of the Ship ſhall be divided pro rata, amongſt the Perſons proſe-
cuting and proving their Damages, and the Perſons damaged ſhall have their
Action againſt the Maſter for the Remainder.
No Maſter of any ſuch Engliſh Ship, being at Sea, and having diſcovered Ditto, S. 3.
any Ship to be a Turkiſh Ship, Pirate, or Sea Rover, ſhall depart out of his Ship.
If the Maſter of any Engliſh Ship, though not of the Burthen of two hundred Ditto, S..4.
Tons, or mounted with ſixteen Guns, ſhall yield his Ship unto any Turkiſh
Ship, Pirate, or Sea Rover (not having at leaſt his double Number of Guns)
without fighting, fuch Mafter ſhall be liable to all the Penalties of this Act.
Upon Proceſs out of the Court of Admiralty, it ſhall be lawful for all Com- Ditto, S. 5.
manders of his Majeſty's Ships, or the Commanders of any other Engliſh Ships,
to ſeize ſuch Ships or Maſters ſo offending, according to the Proceſs, and the
fame to ſend in Cuſtody, into any Ports of his Majeſty's Dominions, to be
proceeded againſt according to this Act.
Provided that none be hereby encouraged to violate the Rights of the Port Ditto, S. 6.
of any foreign Prince or State in Amity.
If the Mariners or inferior Officers of any Engliſh Ship laden with Goods Ditto, S. 7.
ſhall decline or refuſe to fight, and defend the Ship, when they ſhall be there-
unto cominanded by the Maſter, or Thall utter any Words to diſcourage the
other Mariners from defending the Ship, every Mariner who ſhall be found
guilty of declining, or refuſing, as aforeſaid, fall loſe all his Wages due to
him, together with fuch Goods as he hath in his fhip, and fuffer Impriſonment,
not exceeding fix Months, and ſhall during ſuch Time be kept to hard Labour
for his Maintenance,
Provided, that if any Ship ſhall have been yielded, contrary to the Will of Ditto.
the Commander, by the Diſobedience of the Mariners, teſtified by their having
laid violent Hands on him, the Maſter thall not be liable to the Sentence of
Incapacity, nor to any Action for the Lofſes ſuſtained by the Merchants, unleſs
he ſhall have received back from the Takers his Ship, or ſome Reward.
Maſters may re-imburſe themſelves out of the Wages of their Mariners for
Lofſes happening by their Negligence. As was adjudged in the Caſe of Lane
againſt Sir Robert Cotton. Raymond 650 Eaſter Term, 13 Will. III. Goods
were ſtolen from on board the Ship in the River.
Every Mariner who ſhall have laid violent Hands on his Commander, to Ditto, S. .
hinder him from fighting in Defence of his Ship and Goods, ſhall ſuffer Death
as a Felon,
When any Engliſh Ship ſhall have been defended by Fight, and brought to Ditto, 6. to.
her Port, in which Fight any of the Officers or Seamen ſhall have been
wounded, it ſhall be lawful for the Judge of the Admiralty, or his Surrogate,
or the Judge of the Vice-Amiralty, within which the Ship ſhall arrive, upon
Petition of the Maſter or Seamen, to call unto him ſuch as he ſhall be informed
to be Adventurers, or Owners of the Ship and Goods, and by Advice with them
to raiſe upon the Owners and Adventurers by Proceſs of the Court ſuch Sums of
Money, as himſelf with the major Part of the Adventurers or Owners preſent,
fhall judge reaſonable, not exceeding two per Cent. of the Ship and Goods,
according to the firſt Coſts of the Goods by the Invoice (which the owner or his
Factor is to produce) or by the Oath of the Owner, or his Correſpondent,
which Money ſhall be paid to the Regiſter of the Court, who ſhall receive zd:
in each Pound, thence to be diſtributed amongſt the Captain, Maſter, Officers;
and Seamen of the faid Ship, or Widows and Children of the Slain, according
to the Direction of the Judge, with the Approbation of three or more of the
Owners or Adventurers, who ſhall proportion the ſame unto the Ship’s Company,
having ſpecial Regard unto the Widows and Children of ſuch as ſhall have been
lain, and to fuch as ſhall have been wounded or maimed,





3
In
OF SHIPS, O WNERS,
20. S. 2,
a leſs
Ditto, S. 11. In Caſe the Company belonging to any Engliſh Merchant Ship, ſhall take
any Ship which ſhall firſt have affaulted them, the Officers and Mariners fhall,
after Condemnation of ſuch Ship and Goods, have ſuch Part thereof as is
practiſed in private Men of War.
Ditto, S. 12. If any Captain, Maſter, Mariner, and other Officer belonging to any Ship
Thall wilfully caſt away, burn, or deſtroy the Ship, or procure the ſame to be
done, he ſhall ſuffer Death as a Felon.
This laſt Sect. is the ſame per i Ann. St. 2. Cap. 9. and is ſomething enlarged
II Geo. I. Cap. 29. Sect. 5:
5 Geo. II. Cap. No Commander of any Ship outward-bound ſhall receive on board any Gun-
powder, either as Merchandize or Store for the Voyage (except for his Ma-
jeſty's Service) before ſuch Ship ſhall be over-againſt Blackwall, upon Pain of
forfeiting for every fifty Pounds Weight of Gunpowder 51. and in Proportion
for a leſſer Quantity.
to
Ditto, S. 3.
The Commander of every Ship coming into the Thames ſhall put on Shore
all Powder, either before the Arrival of ſuch Ship at Blackwall, or within
twenty-four Hours after his Ship ſhall come to an Anchor there, or at the
Place of her unloading, upon Pain of forfeiting 51. for every fifty Pounds
Weight of Gunpowder found on board, and in the like. Proportion for
Quantity; and if any Gunpowder ſhall be found on board fuch Ship above,
Blackwall, after the Time limited for unloading the ſame, the Commander of
every ſuch Ship fhall for every fifty Pounds Weight of Gunpowder forfeit 51:
and in Proportion for a leſſer Quantity.
Ditto, S. 4: If any Commander or other Officer of any Ship (except his Majeſty's Ships)
fhall, while ſuch Ship be in the River of Thames, between London-Bridge and
Blackwall, keep any Gun fhotted, or ſhall fire, or permit to be fired, any Gun
on board fuch Ship before Sun-Riſing, or after Sun-Setting, ſuch Commander,
or Officer, ſhall, for every ſuch Gun ſo kept ſhotted, forfeit 55. and for every Gun
fo fired 105. And if any Commander, or other Officer of any Ship, or any other
Perſon on board, ſhall, while ſuch Ship fhall be in the River, between London-
Bridge and Blackwall
, permit to be heated, or melted on board ſuch Ship any
Pitch, Tar, Roſin, or other combuſtible Matter, every Perſon ſo offending ſhall
forfeit sl.
Ditto, S. 5.
It ſhall be lawful for the Maſters, Wardens, and Afliftants of the Trinity-Houſe,
by Inftrument under their common Seal, to authoriſe an elder Brother to go in a
Boat between Sun-Riſing and Sun-Setting to any Ship, and to go on board the
ſame (his Majeſty's Ships always excepted) in order to ſearch for Powder, Guns
fhotted, and the heating and melting combuſtible Matters, within the Limits
wherein ſuch Offences are prohibited, and if the Commander or other Officer in
ſuch Ship ſhall, upon Demand, refuſe to permit any Perſon ſo authoriſed to come
on board ſuch Ship, and make due Search, every ſuch Commander, or Officer,
ſhall forfeit 51.
Ditto, S. 10. In Caſe any Ship ſhould be laid up or moored in St. Saviour's Dock (except ſuch
Ships as ſhall be loading, or delivering their Cargoes, and except ſuch Ships, not
exceeding two at one Time, as ſhall lie at Ship-Wright-Yard at the North-Weſt
Corner of the Dock, during the Time ſuch Ships Thall be repairing) the Maſter
of every ſuch Ship ſhall forfeit for every Day ſuch Ship ſhall ſo continue to be
laid up and moored 20s.
13 Geo. II. P. Every Perſon herein mentioned ſhall be exempted from being impreſſed into
his Majeſty's Service, that is to ſay, every Perſon being of the Age of fifty-five
Years, or under eighteen Years, and every Foreigner, whether Seaman or Land-
man, who ſhall ſerve in any Merchant Ship or Privateer belonging to the Sub-
jects of Great-Britain.
Dito, P.396. Every Perſon of what Age ſoever, who ſhall uſe the Sea; ſhall be exempted from
being impreſſed for the ſpace of two Years, to be computed from his firſt going
to Sea ; and every Perſon who having uſed the Sea ſhall bind himſelf Apprentice
to ſerve at Sea, ſhall be exempted for the ſpace of three Years, to be computed
from the Time of Binding.
Subſtance

395.

I
CAPTAINS, AND SAILORS.
109
every
que si este
et om o sota
Subſtance of the Act of the 20th of George II. eſtabliſhing the Cora,
porate Company for the Relief and Support of Sick, maimed, and
diſabled Seamen, and of the Widows and Children of ſuch as hull
be killed, ſlain, or drowned in the MERCHANTS Services bosh
built op word older
THE Preamble to this A& obferves, that by one made by the ', and 8 W31. III. P. 835
certain Encouragements were given to Seamen to regiſter themſelves for
his Majeſty's Service ; and if any ſuch ſhould by Age or other Accidents be diſa-
bled for future Service, and ſhould not be able to maintain themſelves comfort-
ably, and the Children of ſuch ditabled Seamen, and the Widows and Children of
ſuch of them as ſhould be killed or drowned in Sea Service, were to be provided
for in the Royal Hoſpital of Greenwich, ſo far as the ſaid Hoſpital ſhould be capa- p. 836.
ble to receive them, and the Revenue thereof would extend; and for the better
Support of the ſaid Hoſpital, 6d. per Month is by the ſaid Ad to be allowed out
of the Wages of every Seaman in the Merchants Service, as well as in the Navy,
and that ſo much of the faid Act as relates to the Regiſtering of Seamen was re-
pealed by an Act of 9 Ann. whereby every Seaman in the Navy (though not regi-
ſtered) is intitled to the Benefits of the ſaid Hoſpital; and that by an Act of 10 Ann.
any Seaman is to be conſidered as fully qualified for an Admiſſion into the ſaid
Hoſpital, who ſhall produce a Certificate of his having been hurt or diſabled for
Sea Service, in defending any Ships of the Subjects of this Kingdom againſt an
Enemy, or in taking any Ship from an Enemy. And that by an Act of the 8 George I.
Seaman on board a Merchant Ship, who fhall be maimed in Fight againſt
any Pirate, is to be admitted into the ſaid Hoſpital, preferable to any other Sea-
man diſabled merely by Age: And that by an Act of the 8 Geo. II. Seamen on board
any Merchant Ship, who ſhall be maimed in Fight againſt an Enemy, ſhould be
admitted into the ſaid Hoſpital, in like Manner as any other Seaman, wounded or
diſabled in his Majeſty's Service: And whereas the ſaid Hoſpital is not capable
to receive, nor the Income thereof ſufficient to provide for the Seamen in the Sera
vice of the Navy, intitled to the Benefits thereof, ſo that the Seamen in the Mer--
chants Service, maimed and diſabled in Fight and proper Objects of Charity hare P. 837.
feldom or never been admitted into the ſaid Hoſpital and as there is no Proviſion
made by either of the ſaid Acts for ſuch Seamen in the Merchants Service as are
diſabled by accidental Misfortunes, or for thoſe worn out by Age or for the Wi-
dows or Children of ſuch as ſhall be killed or drowned in the faid Service, and
as the Seamen in the ſaid Service are willing to allow 6d per Month out of their
Wages, to be applied for the Relief of ſuch as ſhall be diſabled or worn out by
Age, and of the Widows and Children of thoſe killed in the ſaid Service ; and
as they have, during the Courſe of this War, manifefted their Courage, and deſerve
all due Encouragement; and the eſtabliſhing the ſaid Charity will tend to the
Honour and Good of the Public, it is enacted, that Alexander Hume, John Briſtow;
Fobn Bance, Eſqrs. &c. and their Succeſſors, to be elected in the Manner here-
after appointed, ſhall be one Body Corporate and Politick, by the Name of The
Preſident and Governours
for the Relief and Support of fick, maimed, or diſabled Sea-
men, and of the Widows and Children of ſuch as ſhall be killed, Alain, or drowned in the
Merchants Service, and that by the fame Name of The Preſident and Governours,
they ſhall have perpetual Succeſſion, and a common Seal, with Power to alter the
fame as often as they ſhall judge expedient; and by the ſame Name may ſue and
be fued, plead and be impleaded, &c. in allCourts of Record, and Places of Judi-
cature within this Kingdom ; and that they and their Succeſſors may receive and
enjoy in Truſt for the Pupoſes of this Act all ſuch Sums of Money as are granted,
and ſhall be raiſed by Virtue of this Act, or ſhall be contributed or bequeathed
by well-diſpoſed Perſons; and may at any Time hereafter, without Licence in
Mortmain, purchaſe or receive any Lands, Tenements, or Hereditaments, or any
Eſtate or Intereſt therein, ſo that the ifame be only for the Scite of, or to be convert-
edinto an Hoſpital, with Offices, and Appurtenances neceſſary for the ſaid Purpoſes
.
F f
The




OF SHIPS, OWNERS,
P. 839.
P. 840.
The Preſident and Governors ſhall provide in the ſaid Hoſpital for the Recep-
tion of Seamen rendered incapable of Service, or ſhall allow them certain Pen-
fions or otherwiſe as they ſhall think moſt for the Advantage of the ſaid Charie
ty; and ſhall alſo relieve the Widows and Children of ſuch Seamen as ſhall be
killed or drowned in the ſaid Service, provided ſuch Children are not of the Age
of fourteen or if of that Age or upwards, they are incapable of getting a Liveli-
hood, by Reaſon of Lameneſs, Blindneſs, or other Infirmities, and are proper Ob-
jects of Charity; and ſhall make reaſonable Allowances to thoſe who Thall löſe an
Eye or Limb, or be otherwiſe hurt in fighting, defending, or working the Ships
in which they ſerve, or in loading or unloading the Cargoes, or otherwiſe howſo-
ever in doing their Duty, in Proportion to the Damage they ſhall receive; fo far
as the Revenues will extend for the faid Purpoſes, according to ſuch Rules; Ora
ders, and Regulations as ſhall be eſtabliſhed in Purſuance of this Act:
No Seaman in the ſaid Service ſhall be intitled to any of the Benefits of this Act,
unleſs he ſhall produce a Certificate of the Hurt, &c. received, to the Preſident,
Aſſiſtants, and Committees, herein after named, from the Maſter, Mate, Boatſwain,
and Surgeon, or fo many of them as were in the Veſſel to which he belonged at
the Time of receiving ſuch Hurt; of of the Maſter, and two of the Seamen if
thereis noother Officer; or in Caſe of the Death of the Maſter, then of the Perfon
who ſhall take upon him the Care of the Veſſel, and two of the Seamen on board,
under their Hands and Seals, ſignifying how and in what Manner he received ſuch
Hurt, where and when he entered, and how long he had ſerved on board; and
the Parties giving ſuch Certificates ſhall make Oath of the Truth of the Contents
before ſome Juſtice, if given in any of his Majeſty's Dominions, or the chief
Officer of the Cuſtoms of the Place where there is no Juſtice, or before the Britiſh
Conſul, or Reſident, in any foreign country where ſuch Certificate is executed
(who are to adminiſter the fame without Fee ;) and in Cafe of Sickneſs whereby
fuch Seaman ſhall be rendered incapable of Service, a Certificate in like Manner,
fignifying that he was healthy when he entered on board, and that the ſame was
contracted in doing his Duty in the Service of the Ship, and not otherwiſe; and no
Widow or Children of any Seaman, killed or drowned in the ſaid Service, ſhall
be intitled to any Allowance by Virtue of this Act, unleſs they ſhall produce a
Certificate, authenticated in liké Manner, ſignifying how ſuch' Seaman loſt his
Life in the Service of the ſaid Ship, the Time and Place he entered on board, and
how long he had ſerved therein ; and alſo another Certificate under the Hands
and Seals of the Miniſter, and Church-Wardens and Overſeer of the Poor of the
Pariſh or Townſhip, orany two of them, or of the Miniſter and Overſeers of the
Poor where there are no Church-Warden, (and if ſuch Widows or Children are
Quakers then under the Hands of two reputable Perſons of that Perſuaſion) of the
Place where ſuch Widow or Children have a legal Settlement, or reſide, to be
atteſted by two or more creditable Witneſſes, that ſhe was the lawful Wife, and they
the Children of ſuch Seaman and under the Age of fourteen ; or if of that Age or
upwards, not capable of getting a Livelihood, by Reaſon of Lameneſs, Blindneſs,
or other Infirmities, and are proper Objects of Charity; and no Seaman ſhall
be provided for by a Penſion, or otherwiſe, as decrepit or worn out, unleſs he
fhall have ſerved five Years in the Merchants Service, and paid 6d per Month
out of his Wages for that Time, for the Purpoſes of this Act.
If any Perſon thall forge, counterfeit, alter, or unfairly obtain any ſuch Certi-
ficate, the fame, upon Diſcovery thereof, ſhall be null and void, and the Perſon
applying for Relief ſhall be for ever incapable of receiving any Benefit from this
A&t, and ſhall be puniſhed as an incorrigible Rogue. 1
For the more conſtant and ordinary Management of the Monies to be raiſed
for the Purpoſes aforeſaid, there ſhall be for ever hereafter, from Time to Time,
a Preſident and twenty-one Aſſiſtants, and Committees of the ſaid Corporation.
The faid Preſident and Aſſiſtants (therein named) ſhall continue ſo to be tili
the 24th of June, 1748, on which Day yearly, or within five Days before or
after (ten Days Notice) being firſt given in the London Gazette of the Day fixed
by the General Court of the faid Preſident and Governors, a new Election of a
Preſident and twenty-one Aſſiſtants ſhall be made for the Year following, and
taken by the faid Preſident and Governors then preſent.



P. 841.

P. 342
I
At
CAPTAINS, AND SAILORS.
III
;
before allowed, and under their Common Seal to enter into any Contracts for the
At all General Courts of the Preſident and Governors, and at the ſeveral full
Courts of Affiftants, the Preſident thall have a Vote, and act as; a Member ; and,
in Caſe of an Equality of Votes; ſhall have the caſting Voice;
There ſhall be four General Courts at leaſt held every Yeat, viz. on the 24th
of June, the 29th of September, the 25th of December, the 25th of March,or within
five Days before or after either of the ſaid Days of which ten Days Notice
ſhall be given in the London Gazette; and the Preſident and Aſſiſtants may call a
General Court at a y'other Time, as the Affairs of the Corporation ſhall require,
or at the Requeſt of thirteen Members, ſignifying the ſame by Writing under their
Hands, provided Notice begiven as aforeſaid of the Time and Place of Meeting,
The Preſident with five or more of the Aſſiſtants ſhall make a full Court of P.8432
Affiftants or Committees; and Thall meet upon Wedneſdays. weekly, in or near
London, or at ſuch other Time and Place as they hall appoint; and ſuch Court
when aſſembled ſhall have Power to apply the Monies ariſing by this Act for the
Relief of ſuch Seamen, and their Widows and Children, as are before deſcribed
and to lay out the Surplus thereof, and any Monies contributed by well-diſpoſed
Perſons, in Parliamentary Securities, or in the Purchaſe of ſuch Lands, &c. as are
Purpoſes aforeſaid, for the better carrying on the ſaid Charity; and to appoint
and remove at Pleaſure any Officers and Servants, or other Perſons employed
(except ſuch Officers and Perſons as are directed to be choſen at a General Court
of the Corporation) and to appoint ſuch Salaries, Perquiſites, or other Rewards for
their Service, as they ſhall think proper; and to tranſact and determine all ſuch
Matters as ſhall appear to be neceſſary for effecting the Purpoſes hereby intended.
The Management and Accounts of the Preſident and Affiftants ſhall be liable
to ſuch Audit and Inſpections Allowance, Diſallowance, and Controul of all of
ſuch of the Members, as by any By-laws of the Corporation ſhall be appointed.
There ſhall be a Receiver
of the Corporation, who ſhall be choſen by a Ma- P. 844.
jority of the Preſident and Governors in a General Court as aforeſaid, who ſhall
be allowed ſuch Salary as they ſhall think proper, and be removed at Pleaſure,
and another Perſon choſen in his Room.
If any Vacancy thall happen by Death or Removal of any Perſon choſen at a
General Court, it ſhall be filled up at a General Court of the Preſident and Go-
vernors, after ten Days Notice given of ſuch Election in the London Gazette.
For keeping up a competent Number of Members, and for perpetuating the
Succeſſion thereof, and for filling up the Places of Preſidents and Aſſiſtants, the
Preſident and thirteen Governors, preſent at a General Court to be held as afore-
faid, ſhall elect other fit Perſons to be Members in the Room of ſuch of the Per-
fons above-named, or to be from Time to Time elected Members, who ſhall
die, or refuſe to accept of; or continue to be Members.
The Preſident and thirteen Governors, aſſembled in a General Court, may make
and Conſtitute ſuch By-laws, &c. as fhall ſeem neceſſary for the eſtabliſhing the
ſaid Corporation, and the Officers, Servants, and Perſons employed by them;
and
for the applying the Money, and providing for the Perſons intitled to the Benefit P.845.
of this
Act; and for the auditing the Accounts, and the controlling, allowing,
or diſallowing the Trarſactions of the ſaid Preſident and Affiftants, and of the
Officers, Servants, and Perſons; and for putting the ſaid Laws in Execution,
and for revoking and altering the ſame at Pleaſure; which By-laws, &c. ſhall be
duly obſerved, to as they be reaſonable, and not repugnant to the Statutes, Cuf-
toms, or Laws of this Kingdom or any of the expreſs Regulations of this Act.
If the Preſident ſhall at any Time not attend, the Courts of Aſſiſtants, or Go-
vernors at a General Court ſhall depute any other Member to preſide and act as
Preſident in his Abſence, and do all other Acts and Things at the ſaid Courts as
the Preſident is impowered and required to do.
For the Encouragement of Benefactors to ſo good a Deſign, it is enacted, That
if
any Perſon thall at one or more Payments contribute 50l. for the Purpoſes of
this Act, he ihall be declared a Governor of the ſaid Corporation,
Every


TIL
OF SHIPS, OWNERS,
P. 84:
of
P. 847
Every Seainan, or Perſon employed in any Veffel belonging to a Subject of
England, and every Maſter or Owner navigating the ſame (other than ſuch Ap-
prentises under the Age of eighteen, as are exempted from Payment of 6d. per
Month to the Hoſpital at Greenwich, by an Act of 2 Anna, and Perſons employed
on the Coaſts of England in taking Fiſh brought freſh on Shore; and Perſons
employed in Boats or Veſſels that trade only from Place to Place within any
River in England, or in open Boats upon the Coaſts thereof) and Pilots em-
ployed on board Veſſels, ſhall, after the 29th of September, 1747, pay 6d. per
Month, and proportionably for a leſſer Time, during their Employment, for
the Purpofes aforeſaid.
To The Maſter, Owner, or Commander of every Veſſel is to deduct out of the
Wages, &c. of every ſuch Seaman, &c. (except as before excepted) the ſaid Duty
6d. per Month,
and ſhall pay the ſame to ſuch Receivers as the Preſident and
Governors or the Truſtees of the Out-ports, fhall appoint, if ſuch Scaman, 83c.
Mhall have, or be intitled, to Wages, Shares, or Profits.
The Preſident and Governors, at a full Court of Aliftants, ſhall appoint one or
mòře Receivers of the ſaid Duty at the Port of London ; and alſo depute the Col-
lectors or other Officers of his Majeſty's Cuſtoms, in the ſeveral Out-ports of
England, or other Perſons, to receive the ſame there (except in ſuch Out-ports
where ſeparate Truſtees thall be appointed by Virtue of this Act) and the faid
ſeveral Receivers are required to collect and pay over the ſaid Duty, according to
the Inſtructions in Writing, which ſhall, from Time to Time, be ſent them by
the Preſident and Governors; for which Allowances ſhall be made them out of
the fạid Duties, as the Preſident and Governors fhall think fit.
***
Every Mafter, or other Perſon navigating, or having the Care of any Merchant
Veſſel, ſhall keep a Book by way of Muſter-roll, in which ſhall be entered his
own, and the Names of the Perſons employed on board, with the uſual Place of
their Abode when on Shore ; and over againſt each Name, the Time and Place of
entering into fach Service, and in what Ship he performed his laſt Voyage ; a
Duplicate whereof ſhall be figned by the ſaid Maſter, or other Perfon having the
Care of ſuch Veſſel, and ſhall be delivered, before her Departure, to the Collector
of the faid Duties, at the Port to which ſhe belongs; and the ſaid Maſter, &c. ſhall
P. 848. keep fuch a Muſter-roll during the Voyage, and thall enter when and where any
Perſon ſhall be difcharged from, or ſhall leave or defert ſuch Veſſel, and others
fhipped on board, defcribing them as before directed; and when and where any
of them received any Hurt or Damage, or were killed or drowned: a Duplicate
whereof ſhall be ſigned and delivered as aforeſaid, at the Ship’s Return to the
Port to which ſhe belongs'; true Copies whereof ihall be made, and filed by the
Collectors, and the original Daplicates tranſmitted by them to the Preſident and
Governors to be filed and kept by fuch Officer as they ſhall appoint: And the
faid Maſters and Receivers, &c. in Default of any of the Premiſes, thall ſeverally
forfeit 20l. Sterling for every ſuch Offence.
adot
For the better Diſcovery of what ſhall be due from Perſons ſerving on board
Merchant Ships, &c. the Collectors ſhall ſummon by Warrant under their Hands,
all ſuch Maſters, &c. or (in their Abſence) the Owners of ſuch Vefſels, to appear
at their Office) fo as they be not obliged to travel above ten Miles for the making
ſuch Appearance) and to examine them upon Oath (which Oath the ſaid Collectors
are to adminiſter) to the Trath of the Copy of ſuch Muſter-roll
, and the Number
and Times of Service of eachPerſon chargeable with the ſaid Duty; andupon their
Refuſal to appear, or make Oath as aforeſaid, they ſhall be fined 201. Sterling.
For the more eaſy and effectual collecting the ſaid Duty from the Maſters, &c.
of Merchant Vefſels employed in the Service of his Majeſty, the Secretaries or
Chief Clerks of the publick Offices of the Crown, uſually hiring, &c. Veſſels for
that Service, ſhall deliver a Duplicate of the Liſt of the Numbers and Names of
ſuch Ships, and of the Maſters and Owners thereof
reſpectively, and of the Sea-
men, &c. to the Collectors of the ſaid Duty at the Port of London, or Out-ports
to which they ſeverally belong, as is by an Act of 2 Geo. II. to be delivered to the
Collector of the Port of London, of the Duty of 6d. per Month given to the Royal
Hoſpital at Greenwich; and the ſaid Secretaries and other Officers belonging to


P. 849.

P. 850.
3
the
CAPTAINS, AND SAILORS.
113
the faid Offices and the Maſters; &c. of ſuch Veſſels, ſhall do every
other Åct
for the due Payment of the Duty, as is required to be done by the ſaid Ad of
2 Geo. II. for the Payment of the Duty of 6d. per Month to the ſaid Royal Hof-
pital, and ſhall be liable to the like Penalties and Forfeitures for any Default
herein.
Every Maſter, &c. liable to the Payment of the ſaid Duty, ſhall pay all ſuch
Monies as ſhall, from Time to Time, be due to the Collectors appointed, at the
Port only to which ſuch Veſſel does belong, and before fuch Veffel ſhall be
cleared inwards, by the Officers of the Cuſtoms in any of the Ports of England;
and no Oficer of the Cuſtoms ſhall clear inwards any Merchant Ship liable to the
faid Duty, or grant any Warrant, Cocket, Tranfire, Return, or Diſcharge, or fuf-P. 8sta
fer ſuch Veſſel to go out of Port, until the Maſter, &c. fhall produce a Certifi-
cate from the Receiver of the ſaid Duty being fully paid, and that he is not more
than three Months in Arrear for the ſame, or that he is exempted from the Pay-
ment of the ſaid Duty by Virtue of the Exceptions herein contained; and the
Perſons making Default in any of the Preiniſes, or acting contrary to the Di-
rections before-mentioned, ſhall forfeit 201. Sterling for every ſuch Offence,
If the Maſter, &c. ſhall not produce ſuch Certificate to the Tide-Surveyor,
when he ſhall come on board to clear ſuch Veffel, the Tide-Waiter ſhall be con-
tinued on board at the Expence of ſuch Maſter, Owner, or Commander, until
ſuch Certificate is produced.
In all Cafes where an Oath is required to be taken, the folemn Affirmation of P. 852.
Quakers ſhall be accepted inſtead thereof; and if any Quaker ſhall refuſe to make
ſuch Affirmation, he ſhall be ſubject to the like Forfeitures and Penalties as any
other Perſon refuſing to take an Oath is liable to by this Act; and any Perſon
convicted of falfe affirming or ſwearing, before any Collector, &c. hereby au-
thorized to adminiſter Oaths, he ſhall ſuffer Penalties, &c. as Perſons convicted
of wilful and corrupt Perjury are by the Laws of England liable to.
The Charges and Expences of obtaining this Act ihall be paid out of the firſt
Monies to be raiſed and contributed by Virtue hereof at the Port of London.
From and after the 24th of June, 1747, the Owners and Maſters of Veſſels be-
longing to Perſons reſiding at any of the Out-Ports of this Kingdom, may meet
within the Limits of the ſaid Ports at any proper Time and Place appointed by
five or more of them, by giving ten Days previous Notice, to be fixed at the Cuf-
tom-Houſe Wharf, Key or other public Place, at ſuch Out-Port ; and may from P. 853
Time to Time appoint by an Inſtrument in Writing under their Hands and Seals
fifteen Perſons to be Truſtees for ſuch Out-port, for receiving and applying the
ſaid Duty of 6d per Month, at ſuch Out-port for the Relief of the Seamen em-
ployed on board the Veſſels belonging to ſuch Perſons reſpectively; and fuch of
their Widows and Children as ſhall be entitled thereto by this Act; and the faid
Truſtees ſhall continue to the 26th of December next after ſuch Election, and until
new Truſtees are nominated and confirmed and within ten Days after every
26th of December yearly, the ſaid Owners and Maſters ſhall meet and appoint in
like Manner fifteen Perſons to be Truſtees for the Year enſuing, and the ſaid
Truſtees ſhall continue until new ones are elected and confirmed ; and the ſaid
Inſtrument ſhall be ſent to the Preſident and' Affiftants, who are to confirm the
ſame under the common Seal of the Corporation, without Fee or Reward, with-
in ten Days after the Receipt thereof : and the ſaid Truſtees, when lo confirm-
ed (five whereof ſhall be a Quorum) ſhall be veſted with the ſame Powers to
make By-laws, and to revoke or alter the ſame, and for receiving and applying
Benefactions, and for appointing Receivers and other Officers for collecting and
applying the ſaid Duty, as are given to the Preſident and Governors aforeſaid,
according to ſuch Rules, Orders, and Regulations as ſhall be eſtabliſhed in Pur-
ſuance of this Act; and the faid Receivers and other Officers ſhall have the ſame
Powers as other the Receivers and Officers before appionted, and ſhall be liable
to the fame Penalties and Forfeitures.
And whereas by Letters Patent, bearing Date the 18th of December, in the p. 854.
fixth Year of the Reign of King Edward VI. certain Merchants therein named
and their Succeſſors, reſiding at the Port and City of Britol are incorporated by
the Name of The Maſter, Wardens, and Commonalty of Merchant-Venturers of the
City




Gg
114
1
OF SHIPS, OWNERS,
P, 855.
City of Briſtol; which Society is willing, for the Benefit of the Seamen employ-
ed in the Service of the Merchants, &c. belonging to the faid City and Port, to
undertake the Collection and Application of the ſaid 6d per Month, payable
there, and of any Donations of well-diſpoſed People; it is therefore enacted,
That the Maſter, Wardens, Aſſiſtants, and Treaſurer of the ſaid incorporated
Society, for the Time being, ſhall be Truſtees, and fhall be veſted with the like
Power, &c. for collecting, recovering, and applying, &c. the ſaid Duty and any
Donations, at the ſaid City and Port; and for appointing Receivers and other Offi-
cers for the ſaid Purpoſes as are granted by this Act to the Preſident and Governors
aforeſaid, according to ſuch Rules, Orders, and Regulations as are, or ſhall be
eſtabliſhed by Virtue of this Act; and ſuch Receivers and other Officers ſhall have
the ſame Powers, &c. as thoſe tobe appointed in Purſuance of this Act, and ſhall
be ſubject to the like Penalties and Forfeitures; and the ſaid Maiter, Wardens,
Aſliſtants, and Treaſurers, ſhall alſo have Power to take and receive any Lands,
Tenements,and Hereditaments in ſuch Manner, and for the like Purpoſes only, as
the ſaid Preſident and Governors are by this Act impowered to take and receive.
And whereas the Guild of Maſters and Pilots, Seamen of the Trinity Houſe of
Kingſton upon Hull, are willing for the Benefit of the Seamen employed in the Ser-
vice of Merchants,&c. belonging to the ſaid Town and Port, to undertake the
Collection and Application of the ſaid Duty, and any Donations of well-diſpoſed
People there, it is therefore enacted, That the ſaid Guild of Maſters and Pilots,
Seamen of the Trinity-Houſe of the Town and Port of Kingſton upon Hull, for
the Time being, fhall be Truſtees, and ſhall be veſted with the like Powers
for collecting, recovering, and applying, &c. the faid Duty and any Dona-
tions, and for appointing Receivers and other Officers, as are granted by this Act
to the Preſident and Governors aforeſaid, according to ſuch Rules, Orders, and
Regulations as are or ſhall be eſtabliſhed by Virtue of this Act; and ſuch Receiv-
ers and other Officers ſhall have the ſame Powers,&c. as thoſe to be appointed in
Purſuance of this Act ; and ſhall be ſubject to the like Penalties and Forfeitures,
Nothing herein contained ſhall oblige the Receivers or Collectors of the ſaid
Duty, who ſhall be appointed by the Truſtees of any of the reſpective Out-ports
to ſend Duplicates of the Muſter-rolls (directed to be delivered to them by the
Maſter or Perſon having care of any Veſſel) to the ſaid Preſident and Aſſiſtants
but ſuch Duplicates, after making and filing Copies thereof, Thall be delivered
by ſuch Collectors, &c. to the faid Truſtees reſpectively, to be by them kept
for their Uſe.
No Seaman, &c. in the Merchants Service ſhall be intitled to any Benefit from
this Act at the Port of London, or any Out-port, but thoſe who are liable to,
and ſhall pay the ſaid Duty at the ſaid Ports reſpectively.
Thoſe Seamen who Thall have been longeſt in the ſaid Service, and contributed
moſt towards the ſaid Duty, ſhall be firſt provided for as worn out or decrepit.
If any Seaman or other Perſon employed on board any Veſſel ſhall, in the
Diſcharge of his Duty, either on Shore or on Board, break any Limb, or be
otherwiſe hurt, ſo that immediate Care is neceſſary to be taken of him, the Pre-
ſident and Governors of the Port of London, and the reſpective Truſtees for the
Out-ports, ſhall provide proper Relief for ſuch Perſon, until he ſhall be ſo well
P. 857. recovered of ſuch Hurt as to be removed and ſent with Safety to the Port to
which ſuch Veſſel does belong; and the Expence thereof not exceeding 2d, per
Mile ſhall be paid by the Preſident and Governors at the Port of London, or by
the Truſtees for the Out-port to which ſuch Perſon ſhall be ſent.
If any Seaman or other Perſon ſhall ſerve five Years or more in the Merchant
Service, and ſhall have paid the 6d. per Month for that Time, and ſhall be ad-
judged by the Preſident and Affiftants
, or the reſpective Truſtees, a proper ob-
ject of Relief, he ſhall be provided for at the Port where he ſhall have paid the
greateſt Part of the ſaid Duty for the laſt five Years of his Service,
If it ſhall happen that Seamen employed in the Merchant Service, within the
Limits of this Act, ſhall be ſhipwrecked or taken by the Enemy, and on their
Return from Impriſonment may be travelling with Paſſes to the Place of their
Abode, the Prelident and Governors, and the reſpective Truſtees may relieve
them in ſuch Manner as they ſhall think proper.
4
Where



P. 856.

CAPTAINS, AND SAILORS.
115

P.859.
Where Certificates directed to be produced by this Act cannot be obtained,
ſuch other Certificates as ſhall be ſatisfactory to the Preſident and Governors, or
Truſtees reſpectively, ſhall be admitted to intitle the Party to the Penſions or
other Relief provided by this Act.
And whereas the United Company of Merchants of England trading to the
Eaſt-Indies have at their own Expence provided for ſuch Seamen employed by
them, as have been rendered incapable of Service, and for the the Widows and
Children of ſuch as have been killed or drowned in their Service, and have eſtabliſhed P. 58..
a Fund for that Purpoſe, and are therefore deſirous, that the Perſons employed in
the ſaid Service may be exempted from the Payment of the ſaid 6d. per Month ;
it is therefore enacted, That no Officer, Seaman, &c. of any Veſſel, employed in
the Service of the ſaid Company, ſhåll, during the Time of ſuch Service, be liable
to the Payment of the ſaid Duty.
No Oficer, or Seaman, &c. during his Employment in the Service of the ſaid
Company, nor the Widows or Children of ſuch of them as ſhall be killed or
drowned, ſhall be intitled to any Benefit of this Act during the Time they ſhall
be employed in the ſaid Service.
All pecuniary Forfeitures and Penalties incurred by Virtue of this Act ſhall be
ſued for and recovered in any Court of Record in England, wherein no Effoin,
Protection, Privilege, Wager of Law, or more than one Imparlance ſhall be al-
lowed; and if a Verdie ſhall paſs for the Plaintiff in any ſuch Action he ſhall
be allowed double Coſts; and one Moiety of the Forfeitures, &c. ſhall be ap-
plied to the Uſes of this Act, and the other to the Perſon who will ſue for the
fame in Manner aforeſaid.
This Act ſhall be deemed a publick Ac, and be judicially taken Notice of as
ſuch by all Judges and other Perſons, without ſpecially pleading the ſame; and
all Actions or Suits which ſhall be commenced againſt any Perſon for any Thing
done in Purſuance of this Act, or in Relation to the Premiſſes, ſhall be brought
within three Months next after the Fact committed ; and ſhall be laid in the
County or Place where the Fact was done, and not elſewhere; and the Defend.
ant may plead the General Iſſue, and give this Act and the Special Matter in
Evidence, and that the ſame was done in Purſuance thereof; and if it ſhall fo
appear, or if ſuch Action, &c. Thall be brought after the Time limited, or in
any other County or Place, the Jury ſhall find for the Defendant; or if the Plain-
tiff ſhall become nonſuited, or ſuffer a Diſcontinuance of his Action, or Verdict
ſhall paſs againſt him, the Defendant ſhall have double Coits; and ſhall have
fuch Remedy for the ſame as Defendants have for Coſts of Suit in
any
other
Caſes by Law.
The procuring the preceding Act is an Inſtance of the Benevolent Regard our
Merchants have for the future Support at Home of thoſe Seamen who ſhall ſuffer
by valiantly defending their Property, either in Ship or Goods, and for the diſ-
treſſed Families of ſuch, who ſhall unhappily loſe their Lives in their Service;
whilſt the following Aets ſerve no leſs to demonſtrate both theirs, and the Govern-
ment's indulgent Attention to ſecure a Sufficiency for them abroad, when reduced
by Misfortunes to the Neceflity of claiming it; and the charitable Diſpoſitions
they contain, plainly evince as well the Prudence as the Beneficence of the
Promoters and Compilers of them, juſly challenging our Tribute of Praiſe for
ſuch ſhining Inſtances of Tenderneſs and Compaſſion, in a comfortable Proviſion
for the accidental Sufferings of the Brave, till then left deſtitute and diſregarded.
I mean, by Law, for though the 22d and 23d Car. II. Cap 11. Sect. 10. (before
recited) provides fomething for the maimed and llain, yet it is too ſmall to ſup-
ply the Loſs of Limbs, or give Maintenance to the afflicted Relicts of a Sailor, un-
timely ſnatched away ; 'tis therefore from theſe Statutes only the Mariner muſt
expect Redreſs, and a Reflection on their Exiſtence wil naturally encourage him
to deſerve their Protection by a punctual Compliance with his Duty.
An A& for making perpetual an Ac for the better Regulation and Govern-
men tof Seamen in the Merchant Service, and for extending the Proviſions thereof
to his Majeſty's Colonies in America was made in the firſt Year of his preſent
Majeſty. It is thereby enacted, That from and after the iſt of May 1764 all
the Proviſions, Penalties, Matters, and Things, in the Act of the ad of Geo. II. be
extended


116
OF SHIPS, OWNÉRS,
17 S. I.
be extended to his Majeſty's Dominions in America; and the forfeitures appli-
cable to Greenwich Hoſpital to be paid there, to the Officer conſtituted by the
Admiralty ; and Maſters of Ships deducting any of the faid Forfeitures out of the
Seamen's Wages, and not duly paying over the ſame, forfeit treble the Value
to thefaid Hoſpital.
8 Geo. I. Cap. It ſhall be lawful for Perſons authorized by the Majority of the Britiſh Mer-
chants and Factors reſiding in Portugal, being aſſembled with the Conſul General,
or his Deputy, in any of the Ports of Portugal, to recover from all Commanders
of Britiſh Ships trading from Great-Britain or Ireland, or any other his Majeſty's
Dominions, to any of the Dominions of the King 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 100 Reis per Ton
on Wheat, Barley, &c. and 15 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 ſhall ſpecify to pay the Monies accordingly,
under Denomination of Contribution, as per Act of Parliament; and the Pera
fons paying the ſame ſhall be reimburſed by the Freighters, or the Perſons to
whom the Goods ſhall be conſigned; and if no Bill of Lading fhall appear, and
no Freight or Tonage is ſettled between the Owner of the Goods and the Maſter
of the Veſſel, the Freight or Tonnage ſhall be valued by two indifferent Britiſh
Merchants on the Place, one to be choſen by the Conſul General, and the other
by the Maſter of the Ship, within ten Days after unlading the Goods; and if
the Perſons ſo choſen thall not agree the ſame in five Days, ſuch two Perſons
ſhall chuſe a third (being a Britiſ Merchant on the Place) who ſhall decide the
Valuation in three Days.
Ditto, S. 2, All Maſters of Ships trading from Great Britain, Ireland, or any other his
Majeſty's Dominions to the Dominions of the King of Portugal, and unloading,
there, ſhall within ten Days after their Arrival deliver to the Conſul General, or
Deputy Conſul, reſiding there, or to ſuch Perſon as ſhall be appointed, a Mani-
feſt upon Oath, ſpecifying the Particulars of the Cargo, or of ſuch Part thereof
as ſhall be unloaded there, and to whom conſigned, which Oath the Conſul
General, &c. is to adminiſter gratis.
The Conſul General, or his Deputy fhall detain the Clearances outwards of
all Britiſh and Iriſh Ships till Payment.
Ditto, S. 4: The Monies Thall be applied in Manner following, viz. to the Miniſter reſiding
there zoo Mill-Reis per Annum, by equal Quarterly Payments, and the Remainder
for the Relief of ſhip-wrecked Mariners, and other diſtreſſed Perſons, his Majef-
ty's Subjects, and to ſuch other charitable and publick Uſes as ſhall be appointed
by the Majority of the Britiſh Merchants and Factors reſiding at Liſbon, and
other Parts in Portugal, being afſembled with the Conſul General, or any of his
Deputy Conſuls.
Ditto, S. 5.
Perſons formerly liable to pay the four Reis per Mill, ſhall, after Payment of
the Sums required by this Act, be exempted from the fame.
The Conſul General, or his deputy Conſuls, reſiding in Portugal, tall, as
they ſee Occaſion, call a general Meeting of the Britiſh Merchants and Factors,
and ſhall cauſe ſuch Meetings as often as ſhall be deſired, by Writing under the
Hands of any five Britiſh Merchants or Factors.
$. 7. This ſhall be a publick Act, &C.
An Act like the preceding was made for his Majeſty's Subjects trading to
Cap.25.5.1. Cadiz and Port St. Mary's, ſpecifying that any Sums of Money not exceeding
2, 3, 4, 5, 6.
one Ryal Plate per Ducat, ſhall be received from all Maſters of Britiſh and Iriſh
Vefſels, trading to thoſe Places, on the Freight of Goods (except Tonnage Goods)
imported into the ſaid Ports, and on all Tonnage Goods, any Sums not exceed-
ing two Ryals Plate per Ton, to be collected and diſpoſed of in the ſame Manner
as directed for that raiſed in Portugal, and the other part of this Act being ver-
batim like that, is here omitted to be repeated.
It ſhall be lawful for Perſons appointed by the Conful, named for his Majef-
Cap. 14.5.1. ty's Subjects trading to the Port of Leghorn, together with the Majority of the
Britiſh Merchants and Factors there, to recover from all Commanders of Britifh



Ditto, S. 3.

Ditto, S. 6.
9
Geo. II.
10. Geo. II.
3

CAPTAINS; AND SAILORS.
I 17
per Leg. Den
Mariners Pron
or -Iriſh Ships, trading from any Part of his Majeſty's Dominions to the ſaid Port
any Sums not exceeding one Livre per Ton on all Tonnage Goods imported into
the faid Port, and all-Bale Goods, not exceeding one third of a Livre per Bale,
or Parcel : to be recovered and applied with like Directions as in 9
Geo. II. Cap. 25
for the Confulage Duty at Cadiz and Port St Mary's.
Ship without Leave from the Maſter, when ſhe is at Anchor.
Cap. 13. 89.
drunk and wound one another, they are not to be cured at the marc.
Charge of the Maſter or Ship, as the Damage is not received in the Service of
either ; but if any of them are hurt, or taken ill, in doing their Duty, the Ex- Leg. Oleron,
pence of their Cure the Ship muſt defray; and if his Diſorders render him unfit cap. 6.
to continue on Board, he ſhall be left on Shore, and have thoſe Accommoda- Ditto,Cap.I.
tions and Affiſance his Caſe requires; and though the Ship muſt not be detained
to attend his Recovery, yet, if this happens afterwards, he ſhall have his full
Wages, deducting only what the Maſter may have expended for him.
If Goods are thrown overboard in order to lighten, and by this Means ſave the Leg. Oleron.
Ship in a Storm, upon Proof thereof, by the Oaths of the Maſter, &c. he ſhall Cap. II.
be acquitted, though the Ship, Freight, and Remainder of the Cargo Thall be
brought into an Average, to make good what was ſo thrown away for the Preſer-
vation of ithe whole. Sy to make good with
Though a Ship ſhall be feifed for Debt, or otherwiſe become forfeited, the Conſolat.del.
Mariners muſt receive their Wages, unleſs in ſome Caſes, where they are for- Merc.
feited as well as the Ship; as in Cafe of committing Piracy, with Letters of
Marque by Reaſon of which all will be forfeited;
but lading of prohibited Roll's Abridg.
Goods on board, ſuch as Wool, &c. though it ſubjects the Ship to a Forfeiture, Fol. 530.
yet it difables not the Mariner of his Wages; for the Sailors having honeſtly
performed their Parts, the Ship is tacitly obliged for their Wages; but if
the Ship periſhes at Sea they loſe their Wages, and the Owners their Freight:
And this being the Marine Cuſtom is allowed as well by the Common as Civil Law.
Barretry of the Mariners is a Diſeaſe ſo epidemical, that it is difficult for a Maf- Juſt. de ob.
ter with the greateſt Care to prevent it, and though he may not really be faulty juræexdile&t.
yet the Law will always adjudge him ſo, and impute Sailors Offences to his Neg-
ligence ; and were it otherwiſe, the Merchant would be in a very dangerous Con-
dition; and the Reaſons why a Maſter Thould be reſponſible for his Crew are, Paſch. 11.
becauſe it is of his own chuling, and under his Correction and Government, and Jac. in B. R.
on Ship-board know no other Superior but himſelf, and if they are faulty he may Smitb.
correct and puniſh them (in a moderate Manner) and juſtify the fame by Law; Roll's Abridg.
and the Fact being proved againſt them, he may re-imburſe himſelf out of their 533.
Wages.
Sot
When Goods are once delivered to a Maſter, they are not ſubject to be attached
in his Hands, nor can any Cuſtom whatſoever fupport the fame, for they are in
Law as it were bailed to the Ship, until the Freight and all other Charges are
paid : And it is verymuch doubted whether an Attachment can be made in London Mich.27 Car.
of any Goods lying on board Ship, in the River of Thames (though the Port I,per L.C.J.
of London) notwithſtanding Freight, and all other Charges are paid off.
Commiſſioners of Bankruptcy iſſued a Warrant to ſeize Goods of a Bankrupt Hill. 8 Ann.
on board two Ships in Topfham Bay in Devonſhire ; the Goods were conſigned to in Chancery.
Perſons in Holland, who had not paid the Bankrupt for them; the Maſters re-
fuſed to deliver the Goods notwithſtanding the Warrant, which occaſioned the
Commiſſioners coming to demand them, though they were ſtill refuſed.
Sir Peter King moved for an Order upon the Maſters for their Contempt.
The Court at firſt greatly doubted, whether they could make an Order in Aid
and Affiftance of the Warrant of the Commiſſioners of Bankruptcy, the Statute
having veſted a large Power in them ; beſides, the Perſons to whom the Goods
were conſigned, would be indebted to the Creditors of the Bankrupt, which Cre-
ditors may recover by the Law of Holland.
- Sir Peter King. We ſhall rather loſe the Goods than follow them into Hol-
Lord Chancellor. Their refuſing to deliver the Goods upon the Warrant is no
Hh
Contempt

Herne. verf.
Hale
land.
118
FREIGHT, CHARTERPARTIES,
Contempt to this Court, though the Commiſſioners act under a Commiſſion under
the Broad Seal: The Maſters in this preſent Cafe have ſome Colour to detain the
Goods, for upon a Delivery of them, they may be diſappointed of Freight, and
the Affignees of the Commiſſion muſt ſtand in the ſame Place as the Bankrupt,
and be ſubject to his Contract.
But however an Order was made upon the Maſters to deliver the Goods upon
Payment of the Freight, and the Maſters-to be indemnified by the Creditors
againſt a Bill of Lading, which was ſent by the Conſignees.
I have now finiſhed the fubject of Ships and Seamen, which has been ſpun out
to a great Length by the neceſſary Quotations of the Caſes and Laws ſo intereſting
a Topick calls for ; and I think the omitting of any of them would have rendered
the Diſcourſe defective. I ſhall now according to my propoſed Method, pro-
ceed to treat of other Marine Affairs, ſuch as

Freight, Charterparties, Bills of Lading, Demorage,
and Bottomry.
F
REIGHT is the Sum agreed on for Hire of a Ship entirely, or in
part, for the Carriage of Goods, from one Port to another, or to many Ports ;
and muſt be paid in Preference to all other Debts, for whoſe Payment the Goods
ſtand engaged; but as thoſe are reſponſible to the Ship for her Hire, ſo is the
Ship to the owner of the Goods, in Caſe of Damage or Waſte, through any
Defect of the Veffel or Sailors.
CHARTERPARTY (Charta Partita, i. e. a Deed or Writing divided) is the
ſame in the Civil Law with an Indenture at the Common Law. The Parties
are either the Owners of Ships on the one Part, and Merchants on the other.
Or Maſters of Ships, inveſted by the Owners with Power to enter into Charter-
parties, and Merchants. It it is neceſſary to ſtate this Diſtinction becauſe the
Owners often Charter a Ship Outwards, and leave it to the Diſcretion of
the Maſter to procure the beſt back Freight he can in the Foreign Port to which
the Cargo is conſigned. The Charterparty ſettles the Agreement, as the
Bills of LADING do the Contents of the Cargo, and binds the Maſter to
deliver them well conditioned at the Place of Diſcharge, according to the Agree-
ment; and for Performance, the Maſter or the Owner obliges himſelf, Ship,
Tackle, and Furniture.
The taking a Ship to Freight is the hiring her of her Maſter or Owners,
either in Part or the whole, and either by the Month for an entire Voyage, or
by the Ton; and the Contract, reduced into a Writing, is commonly called a
Charterparty, executed between the Freighter, and the Perſon who letts the Ship,
and expreſſive of the different Particulars agreed on, as aforeſaid.
The Maſter or Owners generally covenant to provide both a Sufficiency of
Tackle and Mariners, and to fit the Ship in every Reſpect for performing the
Voyage agreed on; and
the Merchant, on his Part, ſtipulates to comply with the
Payment, promiſed for Freight, on Delivery of his Goods, and both oblige them-
ſelves in Penalties for Non-compliance; the Nature and Form of which will
be hewn in the ſubſequent Copy of a Charter-party, and the conſequent Secu-
rity of a Bill of Lading, both which I have inſerted for my Readers Government.
PerLeg. Nav.
If there be a verbal Agreement only, and Earneſt given, and the ſame be
Rhod. Art. broke off by the Merchant, according to the Rhodian Law, he loſes his Earneſt ;
but if the Owners or Maſter repent, they forfeit double.
But by the Common Law of England the Party damnified may bring his Action
on the Cafe, and recover all Damages on the Agreement.
If by the Time appointed in the Charterparty the Ship is not ready to take
in, or the Merchant (after the Days of Demorage commonly granted) not ready
to load, the Parties are at Liberty, and the ſuffering one hath his Remedy againút
the other by Action, to recompenſe the Damage.



19.
Cro.
Car. 383.
I
If
BILLS OF LADING, DEMORAGE, &c.
119
1
If Part of the Loading be on board, and ſome intervening Misfortune prevents jure ar L 2.
the Merchant from ſhipping the whole in Time, the Maſter is at Liberty to
cap. 4.S. 3.
contract with another, and ſhall have Freight by Way of Damage for the Tine
that thoſe Goods were on board after that limited; for ſuch Agreements, being
of a conditio nal Nature, precedent a Failure as to a complete Loading will de-
termine the ſame, unleſs afterwards affirmed by Confent; and though it be no
Prudence for every Merchant or Maſter to depart from the Contract, on a Non-
compliance of Articles, yet it is the higheſt Juſtice, that Ships and Maſters ſhould
remain free; for otherwiſe, by the bare Lading of a Caſk or Bale, they might
be defeated of the Opportunity of Paſſage, or Seaſon of the Year.
So, on the other Hand, if the Vefſel be not ready, the Merchant may ſhip Cro. Car.
the Remainder of his Goods on board another and diſcharge the firſt, and re- 383. 3 Lev.
283.
cover Damages againſt the Maſter or Owners for the reſt; this being grounded
on the like Reaſon as the former.
Charterparties have always by the Common Law had a genuine Conſtruction as
near as may be, and according to the Intention and Deſign, and not according to
the literal Senſe of Traders, or thoſe that merchandize by Sea, yet they muſt be
regularly pleaded; and therefore in an Action of Covenant or an Indenture dated
the 9th Oēt. 38 El. wherein was recited, whereas by Indenture of Charterparty
dated, Sept. 8, 38 Eliz. between the Plaintiff and Francis Cherry; the Plaintiff
having hired of him a Ship, for a Voyage to Dantzick, upon taking the ship it
was agreed between them, that the Ship ſhould be laden with Corn at Dantzick,
and ſail from thence to Leghorn. Now by the ſaid Indenture, in Conſideration
the Plaintiff had agreed, that the Defendant ſhould have the Moiety of Corn,
quod tunc fuit (what it then was) or afterwards ſhould be laden in the Ship during
the ſaid Voyage, the Defendant covenanted to pay the Moiety of the Money for
the ſaid Corn, quod tunc fuit, or afterwards hould be laden, &c. and alledgeth
in facto (in fact) that O&t.9, 38 Eliz, the Ship was laden with 60 Laſts of Corn,
and for not Performance of this Covenant the Action was brought; the Defend-
ant pleaded, that the Deed was ſealed and delivered Oft. 28, 38 Eliz. & quod ad
tunc vel poftea (and which to that Time or afterwards) there was not any Corn
laden there, and traverſeth the Delivery Oet. 9. or at any Time afterwards be-
fore the 28th Oet. 38 Eliz. and it was adjudged upon Demurrer, that in Regard
the Plaintiff declared upon a Deed dated O&t. 9, 38 Eliz. it ſhall be intended to
have its Eſſence and Delivery at that Time, and no other; and if he ſhould con-
feſs it to be delivered at any other Time, it would be a Departure from his De-
claration, and the Word tunc is referred to the Delivery, and not to the Date ;
and if it were delivered ten Months after the Date, he ſhould not have the Bene-
fit of the Corn laden before the Delivery: And therefore the Defendant was 2 Cro. 253.
adjudged not to be charged with paying for any Corn before the Delivery of the Ofey z Sir
Baptift Hicks.
Deed, the Words of the Deed being, that he ſhould pay for the Corn then la-
den, &c. which (then) is referred to the Time of the Eſſence of the Deed by
the Delivery, and not to the Date.
Atkinſon contracted with Buckle for the Carriage of an hundred Quarters of 3 Bulp 152.
Barley, and promiſed to deliver unto him the hundred Quarters of Barley a Ship-
board at Barton Haven in the County of York, to carry them for him, and for
the Carriage thereof did promiſe to pay him ſo much; and Buckle promiſed to
carry the ſame for him, and accordingly brought his Ship to the ſaid Haven, ex-
pecting there the Delivery of the hundred Quarters of Barley; but Atkinſon
came not to deliver the ſame to him, whereupon Buckle brought his Action of
the Caſe upon the Promiſe, and upon non aſſumpſit pleaded, had a Verdict and
Judgement, which was affirmed upon a Writ of Error.
Covenant upon a Charterparty between Bolton Owner, and Lee and Morgan
Merchants, Freighters of a ship, let by Bolton, on Freight, for a Voyage to
Guinea, at 481. per Menſem, and there was a mutual Covenant between the
Parties, & quemlibit eorum modo fequente (and either of them in the following
Manner) and then divers Covenants follow, concerning the Ship’s Tackle and
Performance of the Voyage ; and then a Covenant for the Payment of the
Freight (viz.) when the Ship arrived at Guinea, the Freight then due, was,
upon




i Ro. 312.


I20 i
FREIGHT, CHARTERPARTIES,
154 Salk.
every Part.
upon Notice, to be paid in England, and when ſhe arrived in England, the Re-
fidue, from the Time of the laſt Payment, was' to be paid. And faith that at
ſuch a Time the Ship arrived, and that fix Months and ten Days were then
paſt, which came to ſo much, whereof Notice was given; and that after ſuch
a Time the Ship arrived in England, and that the Freight for fix Months, from
the Time of the laſt Payment, came to 2871. 45. and that the Defendant had
not paid any of the Sums; upon which the Defendant demurred, and took
theſe Exceptions to the Declaration.
1 Mod. Cal. i. For this, that the Action is brought againſt one of the Defendants only,
omitting the other, fed non allocuter (but not allowed) the Covenant being
393. Pl. 2. between them, et quemlibit eorum, (and either of them) is joint, and ſeveral of
2. For that it appears upon Computation, the Plaintiff demanded more upon
the firſt Breach then is due, by 30s. and leſs than is due upon the ſecond by 165.
and though that the firſt may be cured by the Jurors finding leſs, or by the Plain-
tiff's releaſing the Overplus, yet where he demands leſs than is due, it is in-
incurable, and cited ſeveral Books there quoted for that Purpoſe in affumpfit,
where, as in this caſe, only Damages are to be recovered; and on the other
Part was cíted, Cre. fac. 498. Pemberton v. Shelton, and 529 Parker v. Cure
fon & Uxor, See 2 Levinz 4. Hulme & Sambers; and 2 Vent. 129. Welby' and
Philips. Hale C. J. took a Difference between this Caſe of Covenant and
Debt, and held, that after Verdiet it had been cured without Queftion; but
upon Demurrer there may be ſome Doubt, the Demurrer being general; but
had the Demurrer been ſpecial, it had been ill, and ruled Judgement, pro Quer.
2 Levinz 56, and 3. Kebel 39 and 50 Bolton and Lee.
Ad Leg.Rbodo
If Goods are fully laden on board, and the Ship hath broke Ground, and the
Merchant on Confideration determines again to unload them, and not pro-
ſecute the Adventure, by the Marine Law the Freight is due.
Fudg. Oleron,
And if the Ship in her Voyage becomes unable, without the Maſter's Fault,
Leg ult. ad or that the Maſter or Ship be arreſted by any foreign Prince, or State, in her
Voyage, the Maſter may either mend bis Ship, or freight another; but if the
Digeſte Merchant will not conſent thereto, then the Freight becomes due, for ſo much
Paulus
, L.14. as the Ship hath earned; otherwiſe the Maſter is liable for all Damages that
C. 2. S. 10. ſhall happen : And therefore if that Ship to which the Goods were tranſlated
'periſhed, the Maſter ſhall anſwer ; but if both the Ships periſh, then he is dif-
charged : But in Caſe of extreme Neceflity, as that the ship would be in a ſink-
ing Condition, and an empty Ship is paſſing by, or at Hand, he may tranſlate
the Goods; and if that Ship ſinks or periſhes, he is there excuſed; but then
it muſt be apparent that that Ship ſeemed probable and fufficient.
If a Mafter ſhall weigh Anchor, and fail after the Time covenanted or agreed
for his Departure, if any Damage happens at Sea after that Time, he ſhall
refund and make good all fuch Misfortune ; yet if a Charterparty is made, that
the Plaintiff ſhall fail from London to Liſbon, with the firſt Wind and Opportu-
nity, &c. in Confideration of which the Merchant did covenant to pay ſo much
for Freight; the Ship departs not with the firſt Wind and Opportunity, yet
Pophan 161,
afterwards breaks Ground, and arrives at her Port, the Freight in this Caſe is
Palm. 398. become due; for there is nothing can bar the Ship of her Freight, but the not
Latch 12.49. Departure, for only that in Law is traverſable
, being material to avoid the Pay-
ment of the Freight; but to ſay the Ship did not depart with the next Wind,
is but a Circumſtance, which, in Strictneſs of Law, is not traverſable.
If it be agreed, that the Maſter ſhall fail írom London to Leghorn in two
Months, and Freight accordingly is agreed on, if he begins the Voyage within
the two Months, though he does not arrive at Leghorn within the Time, yet
the Freight is become due,
The Eaſt-India Company might by Charterparty keep a Ship they had freighted
a long Time in India, and did fo keep her until ſhe was unfit for Service,
and could not come home, they were obliged in Chancery to pay the Damage,
though by the Charterparty it was payable at the Return of the Ship.
Rhod.
2. Vernz 210.
So,
5
BILLS OF LADING, DEMORAGE, &c.
121

So where no Freight was to be paid for the Cargo outwards, but Freight for 2 Verr. 212.
the Cargo homewards, and the Factor abroad had no Goods to load her home-
wards, Payment of the Freight was decreed.
And if á Ship is freighted to go to any Place to load, and on Arrival there the
Factor cannot, or will
not put any thing on board him, after the Maſter has laid
the Days agreed on by Charterparty, and made his regular Proteſts, he ſhall
be paid empty or full.
Though the Officers and Mariners gave Bond not to demand Wages, unleſs 2 Vern. 727.
the Ship returned to London, the arrived at a delivering Port and afterwards
was 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, Leg. Relega-
and ſo Home to the Port from whence the firſt failed (commonly called ait, de pænis
trading Voyage) this is all but one and the ſame Voyage, ſo as it be in Confor-Jep.sio.
mity to the Charterparty.
A Merchant agrees with a Maſter, that if he carries his Goods to ſuch a Port, Trin. 9. Jac.
he will then pay him ſuch a Sum; in the Voyage the Ship is aſſaulted, entered in C. B: Rot.
and robbed by Pirates, and Part of her Lading taken forth, and afterwards the C36 Brighe
Remainder is brought to the Port of Diſcharge, yet the Sum agreed upon is not i Brownl.21.
become due, for the Agreement is not by the Maſter performed.
Though by the Civil Law this is vis major or caſus fortuitus (the greater Force
or an accidental Caſe) there being no Default in the Maſter or his Mariners, and
the fame is a Danger or Peril of the Sea, which if not in nåval Agreements ex- : Co.97. Shel-
preffed, yet it is naturally implied; for it is certain, that if thoſe Goods which he conceptes
the Pirates carried away had been in Streſs of Weather thrown overboard, the
Fogaja's Cafe
fame would not have made a Diſability as to the Receipt of the Sum agreed on; PlowdenCom.
for both by the Common and Marine Law, the Act of God, or that of an Enemy, Rotan Enemy.
ſhall no Ways work in private Actions.
If a Ship be freighted by the Ton, and ſhe is full laden according to the
Charterparty, the Freight is to be paid for the whole, otherwiſe but for lo many
Ton as the Lading amounted to.
If Freight be contracted for the lading of certain Cattle, or the like, from
Dublin to Weſt-Cheſter, and ſome of them happen to die before the Ship’s Ar-1. 2. Ch. 4.
rival, the whole Freight is become due as well for the Dead as the Living.
But if the Freight be contracted for the tranſporting them, at ſo much per Ditto.
Head, if Death happens, there ariſeth due no more Freight than only for ſuch as
are living, at the Ship’s Arrival at her Port of Diſcharge, and not for the Dead.
When Cattle or Slaves are ſent aboard, without any previous Agreement for Ditto.
lading or tranſporting them, but generally, then Freight ſhall be paid as well
for the Dead as the Living; and if Freight be contracted for the tranſporting of
Women, and they happen in the Voyage to be delivered of Children, no Freight
becomes due for the Infants.
If Goods are ſent on board, generally, the Freight muſt be according to that Ditto.
commonly paid for the like accuſtomed Voyages.
If a Ship ſhall be freighted, and named to be of ſuch a Burthen, and being Ditto.
freighted by the Ton, ſhall be found leſs, there ſhall no more be paid than only
by 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 Ditto.
of thereabouts is commonly reduced to be within five Ton, more or leſs, as the
Moiety of the Number ten, whereof the whole is compounded.
If á Ship be freighted by the Great, and the Burthen of it not expreſſed, yet Chefl: &
the Sum certain is to be paid.
If a Freighter, by loading prohibited or unlawful Goods, occafons the Ship’s Styles 220.
Lovering
Detention, or otherwiſe impedes her Voyage, he ſhall pay the Freight contract-
ed and agreed for.
When a Ship is freighted out and in (or out and home) there is no Freight due Trin. 9 Jac.
till the whole Voyage is performed; ſo that if ſhe be caſt away coming Home, B.R. Bright
the Freight outwards, as well as inwards, becomes loſt.
A Part Owner of a Ship ſued the other Owners for his Share of the Freight on Part 2.
Cniſhing her Voyage: but the other Owners had fitted her out, in which the In Chancery,
13.July, 1689.
fiomplainant would not join, whereupon the other Owners complained in the
I i
Admiralty;


Jure Mar.
S. 8.

Jones verf,
Brownlow,
1 22
FREIGHT, CHARTERPARTIE S.
Leg. Oleron,
Leg. Naval.
Mer.
locat.
3 Keb.
444•
Admiralty ; and by Order there, they gave Security and if the Ship periſhed in
the Voyage, to make good to the Plaintiff his Share, or to that Effect ; in ſuch
a Caſe, by the Law Marine and Courſe of the Admiralty, the Plaintiff was to
have no Share of the Freight : It was referred to Sir Lionel Jenkins to certify the
Courſe of the Admiralty, who certified accordingly, and that it was fo in all
Places, for otherwiſe there would be no Navigation; whereupon the plaintiff's
Bill was diſmiſſed.
Ifa Maſter lets out his Ship, and afterwards ſecretly takes in other Goods un-
Rhod. Art.25.
known to the firſt Freighter, by the Law Marine he loſes his Freight; and if it
ſhould ſo fall out, that any of the Freighter's Goods ſhould for Safety of the
Ship be caſt overboard, the Reſt ſhall not become ſubject to the Average, but the
Maſter muſt make the Damage good; though if the Goods are brought into the
Confuls del. Ship ſecretly and unknown to him, it is otherwiſe ; and Goods ſo brought in,
may be ſubjected to what Freight the Maſter thinks fit.
When a Ship puts into any other Port than that ſhe was bound to by Agree-
Leg. Oleron.
ment, the Maſter ſhall anſwer all Damages that ſhall accrue thereby; but if the
was forced in by Storm, Enemies, or Pirates, he muſt afterwards proceed to that
he was obliged to by Contract.
Bald. in leg. In Conſtruction of Law, the Lading of the Ship is tacitly obliged for the
certi Juris in t
en in verbo Freight, the ſame being in Point of Payment preferred before any other Debts to
quidergoCod. which the Goods fo laden are liable, though ſuch Debts, as to Time, were pre-
cedent to the Freight; for the Goods remain, as it were, bailed for the ſame;
nor can they be attached in the Maſter's Hands, though it is commonly conceived
otherwiſe.
Stanley verſ. As Ships deſerve Wages like a Labourer, the Actions touching the ſame are in
Ayles by Hale. the Eye of the Law generally conſtrued favourably for the Ship and Owners;
and therefore if four Parts in five of them ſhall make up their. Accounts with the
Freighters, and receive their Proportions, yet the fifth Man may ſue fingly by
himſelf without joining with the Reſt, and this as well by the Common Law as
the Law Marine.
v
If a Ship in her Voyage happens to be taken by an Enemy, and afterwards is
re-taken by another Ship, in Amity, and Reſtitution is made, and the proceeds
Abridg. 54
on in her Voyage, the Contract is not determined, though the taking by the Ene-
my diveſted the Property out of the Owners ; yet by the Law of War, that Pof-
ſeſſion was defeaſible, and being recovered in Battle afterwards, the Owners be-
come re-inveſted; ſo the Contract, by Fiction of Law, became as if ſhe never
had been taken, and ſo the entire Freight becomes due.
Pickering and
It was covenanted by a Charterparty, that a Ship ſhould return by a certain
Barkley, Stiles Time within the River of Thames (the Dangers of the Sea excepted) and after-
AÞriág. 248. wards in the Voyage, and within the Time of the Return, the ship was taken
upon
the Sea by Enemies unknown to the Covenanter, and being detained by
ther could not return within the River of Thames, within the Time mentioned
in the Covenant. Reſolved, this Impediment was within the Exception, for theſe
Words intend as well any Danger upon the Sea by Pirates or Men of War, as
Dangers of the Sea, by Shipwreck, Tempeſt, or the like.
If Freight be taken for a Hundred Tons of Wine, and twenty of them leak
out, ſo that there is not above eight Inches from the Bulge upwards, yet the
Freight becomes due ; but if they be under eight Inches, ſome conceive it then
to be in the Election of the Freighters to fling them up to the Maſter for Freight;
but moſt think otherwiſe ; for if all had leaked out (if there was no Fault found
in the Stowage, by a Survey from the Trinity-Houſe) there is no Reaſon the Ship
ſhould loſe her Freight; for the Freight ariſes from the Tonnage taken, and if the
Leakage was occaſioned through Storm*, the ſame perhaps may come into an
Average.
It is certain, if a Ship freighted by the Great be caſt away, the Freight is loft;
but if by the Ton or Parcels, and Part thereof is ſaved from the Wreck; doubted
whether pro-rata, ſhe ought not to be anſwered her Freight +.
If a Ship by Charterparty, reciting to be of the Burden of 200 Tons, is taken
* Maſters foould take Care to make
their regular protests after
a Storm, as they may suffer feverely by omitting it.
+ Il is common to give up what is ſaved to the Afurers, that the Ajurer may recover ihe whole Injurance.



R. II.
Stalkham
Roll's
Boyee verf.
Cole. Hill. 26,
27 Car. II.B.
R.
to
BILLS OF LADING, &c.
123
Marit. 224,
225
Scudamore &
Alv.vers. Pita
to Freight for a Sum certain, to be paid at her Return, the Sum certain is to be
paid, though the Ship amounts not to that Burden.
In Caſe a Ship is freighted after the Rate of 20l. for every Month that ſhe ſhall
be out, to be paid after Arrival at the Port of London ; and the Ship is caſt away
coming up from the Downs, but the Lading is all preſerved, in this Caſe the
Freight is become due ; for the Money ariſes ſo Monthly by the Contract, and Molloy, Jur.
the Place mentioned is only to thew where Payment is to be made ; for the Ship
deſerves Wages like a Mariner who ſerveth by the Month ; and though he dies
in the Voyage, yet his Executors are to be anſwered pro rata. Beſides, the
Freight becomes due by Intendment on the Delivery or Bringing-up of the
Commodities to the Port of London, and not of the Ship;
If a Man freights a Ship out, and covenants that the ship ſhould fail out of! Bul?. 176.
that Port to Cadiz with the firſt fair Wind and Opportunity, and the Freighter a Dy: 76.44.
covenants, that for the Freight of all the Premiſes he would pay unto the Maſter 2 Sand. 350.
1841. if the Maſter doth not aver, that the Ship did arrive at the Port of Cadiz,
he cannot maintain an Action againſt the Freighter.
If the Maſter enters into a Charterparty for himſelf and Owners, the Maſter in
that Caſe may releaſe the Freighters, without adviſing with the Owners ; but if the
Owners let the Ship out to Freight, whereof 7. y. is Maſter, though the Maſter
covenant in the ſame Charterparty and ſubſcribes, yet his Releaſe in that Caſe will
not bind the Owners, but the Owners Releaſe on the other Hand will include
the Maſter ; and the Reaſon is, for that the Maſter is not made a proper Party to
the Indenture. And ſo it was ruled, where an Indenture of Charterparty was inade
between Scudamore and other Owners of the good Ship called the B, whereof
Robert Pitman was Maſter, on the one Part, and Vandenſtene on the other Part;
in which Indenture the Plaintiff did covenant with the ſaid Vandenftene and Ro-
bert Pitman, and bound themſelves to the Plaintiff and Robert Pitman for the
Performance of Covenants in 6ool. and the Concluſion of the Indenture was
In Witneſs whereof the ſaid Robert Pitman put his Hand and Seal, and delivered the Cro. Eliz. 56.
ſame; in an Action of Covenant, for not performing certain Covenants in this In-
denture, the Defendant pleaded the Releaſe of Pitman, whereupon the plaintiffman. Trin.
demurred, and it was adjudged, that the Releaſe of Pitman did not bar the 29 Eliz, ing
Plaintiff, becauſe he was no Party to the Indenture ; and the Diverſity in that Coke 2 Inftit.
Caſe was taken and agreed between an Indenture reciprocal between Parties on
Fol. 673.
the one Side, and Parties on the other Side, as that was ; for there no Bond, Cook & Child
Covenant, or Grant can be made to, or with any that is not Party to the Deed ; and 3 Levinc.
but where the Deed indented is not reciprocal, but is without a Between, &c. 138. Gilby v.
as omnibus Chrifti fidelibus, &c. there a Bond, Covenant, or Grant may be made semble contra
to diverſe ſeveral Perfons.
If an Indenture of Charterparty be made between A. and B. Owners of a Ship femen, mens
of the one Part, and C. and D. Merchants of the other Part, and A. only ſeals the Abr. 22.
Deed of the one Part, and C. and D. of the other Part; but in the Indenture Square (come)
it is mentioned that. A. and B. covenant with C. and D. and C. and D. covenant norui fata
with A. and B. In this Cafe, A. and B. may join in an Action againſt C. and D. S seadme tune the
though B. never ſeals the Deed, for he is a Party to the Deed, and C. and D.} kysenue. Svery
have ſealed the other part of B. as well as to A.
Covenant upon a Charterparty by which the Maſter of a Ship covenants to
fail with the firſt fair Wind to Barcelona, and that the Mariners Thall attend with
a Boat to relade the Ship, and then to return with the firſt fair Wind to London,
and to unlade and deliver the Goods ; and the Merchants covenant to pay fo
much for Freight, and ſo much for Demorrage every Day ; the Maſter brought
his Action for the Freight and Demorrage, and declares that he failed ſuch a Day,
with the firſt fair Wind, and upon all the other Points. The Defendant quoad
the Freight, and the Ship did not return directly to London, but went to Alicant
and Tangier, and made divers Deviations, and by theſe Delays the Goods were 3.
ſpoiled; and as to the Demorrage, that this was occafioned by the Negligence of
the Mariners, in not attending with the Boạt to relade the Ship, to which the Tho. Jones,
Plaintiff demurred, and per Curiam pro Quer. for that the Covenants are mutual 216.
and reciprocal, upon which each ſhall have his Action againſt the other, but
ſhall not plead the Breach of one in Bar of another, for perhaps the Damage of
the one side and the other are not equal.



2 Levinz 74

41.
Levinz
Cole cont.
Shallet, Sir
Sbowers v.
Cudmore.
I
If
124
CHARTER-PARTIES.
Ler Mere.
P. 117
1
&. , ,
If a Factor freights a Ship; by Order and for Account of another, Out and
Home, and a Charterparty is accordingly made and indented between him and
the Maſter, the Factor is liable for the Freight and Performance of all Covenants;
but if the Ship be only freighted Outwards, and loaded by the Factor, the Goods
ſhipped are only liable for the Freight, and no Demands to be made on the
Freighters in Virtue of the Charterparty, but the Perſon who receives the Goods
is to pay it, according to the Tenor of the Bill of Lading.
If a Ship is freighted Out and Home, and after having delivered her Cargo at
the Place agreed on, there are no Goods provided for her Re-loading, the Maſter
muſt ſtay the Days of Demorrage agreed on by Charterparty, and make his regu-
lar Proteſt for his Freighters Non-Compliance, who will in this Caſe be obliged
to pay him empty for full ; though ſhould the Maſter not wait the Time ftipu-
lated, or omit to make his Proteſt, he will loſe his Freight ; and in Caſe the
Maſter on his finding no Goods provided by his Freighter ſhould determine to
load fome on his own Account, as Salt, or the like, this will not obſtruct his
recovering his Freight; for if the Ship had been laden only with Salt by the
Merchant, which (it may be) would not pay half the Freight, yet the Shipper
or Proprietor may at Pleaſure abandon the ſame to the Maſter for his Freight, and
he can demand no more by the Charterparty; but if the Maſter take in luch Salt
on his own Account, before the Days of Demorrage are expired, and that by
ſome Condition made with his Freighter, he may claim Freight, then this lat-
ter is to have the Benefit of the Salt in Deduction of the ſaid Freight.
Form of a Charterparty of Affreightment.
THIS Charterparty, indented, made, &c. between A. B.
of, &c. Mariner, Maf-
ter, and Owner of the good Ship, or Vefel called, &c. now riding at Anchor at,
&c. of the Burden of two hundred Tons, or thereabouts, of the one Part, and C. D.
of, &c. Merchant, of the other Part, witneſſeth, that the ſaid A.B. for the Conſidera-
tion herein after mentioned, hath granted, and to Freight letten, and by theſe Prea
fents doth grant, and to freight let, unto the ſaid C. D. his Executors, Adminiſtrators,
and Aſigns, the whole Tonnage of the Hold, Sternſbeets, and Half Deck, of the ſaid
Ship or Veſſel, called, &c. from the Port of London to, &c. in a Voyage to be made
by the ſaid A. B. with the ſaid Ship, in Manner kereafter mentioned (that is to ſay) to
fail with the firſt fair Wind and Weather, that
ſhall happen after, &c.
next, from the
ſaid Port of London, with the Goods and Merchandize of the ſaid C. D. his Factors,
or Affigns, on board, to, &c. aforeſaid (the Dangers of the Sea excepted) and there una
lade and make Diſcharge of the ſaid Goods and Merchandizes ; and alſo ſhall there take
into, and aboard the ſaid Ship again, the Goods and Merchandizes of the ſaid C. D. bis
Factors, or Aſigns, and all then return to the Port of London, with the ſaid Goods,
in the Space of, &c. limited for the End of the ſaid Voyage. In Conſideration whereof
the ſaid C. D. for himſelf, his Executors, and Adminiſtrators, doth covenant, promijë,
and grant, to and with the ſaid A. B. his Executors, Adminiſtrators, or Aſſigns, by
thefe Preſents, that the faidC.D. bis Executors, Adminiſtrators, Factors, or Aligns,
Mall
, and will, well and truly pay, or cauſe to be paid unto the ſaid A. B. bis Executors,
Adminiſtrators, or Aligns, for the Freight of the ſaid Ship and Goods, the Sum of,
&c. (or ſo much per Ton) within twenty-one Days after the ſaid Ship’s Arrival,
and Goods returned and diſcharged at the Port of London aforeſaid, for the End of
the ſaid Voyage: And alſo, ſhall
and will pay for Demorrage ( if any fball be by the De-
fault of him the ſaid C. D. bis Faktors, or Aſigns) the Sum of, &c. per Day, daily,
and every Day, as the ſame ſhall grow due. And the
ſaid A. B. for himſelf, bis Ex-
ecutors, and Adminiſtrators, doth covenant, promiſe, and grant, to and with the ſaid
C. D. bis Executors, Adminiſtrators, and Aſigns, by theſe Preſents, that the ſaid
Ship or Veſel ſhall be ready at the Port of London, to take in Goods by the ſaid C. D.
on or before, &c. next coming. And the ſaid C. D. for himſelf, bis, &c, doth cove-
nant and promiſe, within ten
Days after the faid Ship or Vejei phall be thus ready, to
have
bis Goods put on board the fáid Ship, to proceed on in the faid Voyage; and alſo on
on board the ſaid Ship, to return on the ſaid Voyage. And the ſaid A. B. for himſelf,
his Executors, and Adminiſtrators, doth further covenant and grant to and with the
faid C. D. bis Executors, Adminiſtrators, and Aligns, that the ſaid Ship or Veſſel





2
NO
BILLS OF LADING, &c.
325
now is, and at all Times during the ſaid Voyage ſhall be, to the beſt Endeavours of
him the faid A. B. bis Executors, and Adminiſtrators, and at his and their own proper
Coſts and Charges, in all Things made and kept ftif, ſtaunch, ftrong, well apparelled,
furniſhed, and provided, as well with Men and Mariners, jufficient and able to fail
,
guide, and gover: the ſaid Ship, as with all Manner of Rigging, Boats, Tackle, Ap-
parel, Furniture, Proviſion, and Appurtenances fitting and neceſary for the faid
Men and Mariners, and for the ſaid Ship during the Voyage aforeſaid. In Witneſs,&c.
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
HIS Charterparty, indented, made, &c. between A. B. and G. D. of London,
Merchants, Owners of the one Moiety or half Part of the good Ship or
Veſſel called the Neptune, of the Burden of 200 Tons, with the like Moiety of
all the Sails, Mafts, Tackle, Apparel, Furniture, Ordnance, and Appurte-
nances thereunto belonging, now riding at Anchor in the River of Thames;
within the Port of London, of which the ſaid C. D. is Maſter, of the one Part,
and E. F. and G. H. of London, Merchants, Owners of the other Moiety and
Refidue of the ſaid Ship, with the Maſts, Sails, Tackle, Ordnance, Furniture,
and Apparel thereunto belonging, on the other Part, WITNESSETH, that the
faid A. B. and C. D. have granted and letten to Freight, and by theſe Preſents
do grant and let to Freight, all their faid Part and Moiety of the ſaid Ship and
Premiſes, unto the ſaid E. F. and G. H. for a Voyage with her (by God's Grace)
to be inade in Manner and Form following:
That is to ſay, That the ſaid A, B. and C. D. for them, their Executors, Ad-
ministrators and Aſſigns, do hereby covenant and grant to and with the ſaid E. F.
and G. H. for them, their and either of their Executors and Adminiſtrators by
theſe Preſents, that the ſaid Ship (being already laden) ſhall, with the firſt good
Wind and Weather, after the Date hereof (God permitting) fail directly from
the laid River of Thames to the Port of Leghorn in Italy (the Perils and Dangers
of the Seas excepted) and there unlade and diſcharge ſuch Goods and Merchan-
dizes as ſhall be directed and appointed by the faid E. F. and G. H. or one of
them, their, or one of their Factors or Aſſigns, in good condition ; and from
thence ſhall fail, and take her direct Courſe, as Wind and Weather ſhall ſerve,
with as much Speed as may be (the Perils and Dangers of the Sea excépted) to
Venice, and there ſhall ſtay and abide the Space of twenty working Days, next
after her Arrival there, to unlade all ſuch Goods and Merchandizes as Thall re-
main on board for Accountof E. F. and G. H. after her firſt Delivery at Leghorn as
aforeſaid; and to relade ſuch Goods, Wares, and Merchandizes as the ſaid E. F.and
G. H. or either of them, their or either of their Factors or Affigns, Thall think
fit to charge and re-lade aboard and into the ſaid Ship, that is to ſay, ſo much
as the ſaid Ship can conveniently carry, over and above her Victuals, Tackle,
Ammunition, Apparel, and Furniture.
And the ſaid Ship with her faid Lading ſhall with the firſt good Wind and
Weather, after the Expiration of the ſaid twenty Days, fail and proceed from the
ſaid City of Venice to London, with the ſaid Goods within the time, &c. In Con-
lideration whereof the ſaid E. F. and G. H. for themſelves, and either of them,
their and either of their Executors and Adminiſtrators, do covenant, promiſe,
and grant to and with the ſaid A. B. and C. D. and either of them, their and
either of their Executors, Adminiſtrators, and Aſſigns, by theſe Preſents, that
they the ſaid E. F. and G. H. or one of them, their, or one of their Executors,
Adminiſtrators, or Aſſigns, ſhall and will well and truly pay or cauſe to be paid
to the faid A. B. and C. D. or one of them, their, or one of their Executors of
Adminiſtrators, within the ſaid City of London, for every-Ton of ſuch Wares
and Merchandizes as ſhall be laden or unladen in the ſaid 'Ship, during the ſaid
Voyage, the Sum of, &c. (counting the Tonnage according to Cuſtom; or if a cer-
tain Sum is agreed for the Voyage, Out and Home, or fo much per Month) for the
Part and Intereſt of the ſaid A. B. and C. D. in the ſaid Ship, and for, and in
Reſpect of the Freight and Hire of their Part of her ; which ſaid Money is to be
paid in Manner and Form following: That is to ſay, one third Part thereof upon
the right Diſcharge of the ſaid Ship, and another third Part thereof within the
Kk
Space



1 26
BILLS OF LADING, &c.
Space of fix Weeks then next following, and the remaining third Part thereof
within the Space of two Months next enſuing after the End and Determination
of the ſaid fix Weeks. And alſo ſhall and will pay for demurrage (if any ſhall
be by Default of the ſaid E. F. and G. H. their Factors or Afligng) the Sum of --
per Day, daily, and every Day, as the ſame fhall grow due.
And the ſaid A. B. and C. D. for them, and either of them, their and either
of their Executors and Adminiſtrators, do covenant and grant to and with the faid
E. F. and G. H. their Executors and Adminiſtrators by thefe Prefents, that the
ſaid Ship, for their Part, ſhall be ſtrong and ſtaunch, and well and ſufficiently
tackled and apparelled, with Sails, Sail-yards, Anchors, Cables, Ropes, Gun-
Shot, Artillery, Gunpowder, and all other Inſtruments, Tackle, and Apparel,
needful and neceflary for ſuch a Ship and for ſuch a Voyage, together with an
able Maſter, and ſufficient Number of Mariners.
And to the Performance of all, and every the Covenants, Grants, Articles, and
Agreements, on the Parts, and Behalfs of every of the ſaid Parties, truly to be
holden, performed, and kept, in all Things as is aforeſaid, the ſaid Parties to
theſe Preſents, do bind themſelves to one another : that is to ſay, the ſaid A. B.
and C. D. do by theſe Preſents bind themſelves, and either of them, and their
ſeyeral Executors and Adminiſtrators, Goods, and their Part and Intereſt in the
ſaid Ship, with the Furniture thereof, to the ſaid E. F. and G. H. and to their
Executors and Adminiſtrators; and the ſaid E: F. and G. H. do in like Manner
bind themſelves, and either of them, their and either of their Executors, Ad-
miniſtrators, and Aſſigns, and all their Goods and Intereſt in the ſaid Ship, to the
faid A. B. and C. D. their Executors and Adminiſtrators, in the Sum or Penalty
of one thouſand Pounds, of lawful Money of Great-Britain, by the Party or
Parties infringing the ſaid Covenants, or any of them, to the other Party or Par-
ties truly obſerving, to be paid by Virtue of theſe Preſents
.
If before the Departure of the Ship there ſhould happen an Embargo, occa-
fioned by War, Repriſals, or otherwiſe, with the Country to which the Ship is
bound, ſo that ſhe cannot proceed on her Voyage, the Charterparty ſhall be dif-
folved without Damages or Charges to either Party, and the Merchant Thall pay
the Charges of unlading his Goods ; but if the Reſtraint ariſes from a Difference
between the Parties themſelves, the Charterparty ſhall ſtill remain valid in all
its Points.
If the Ports be only ſhut, and the Veſſels ſtopped for a Time, the Charterparty
ſhall ſtill be valid, and the Maſter and Merchant Thall be reciprocally obliged
to wait the Opening of the Ports, and the Liberty of the Ships, without any
Pretenſions for Damages on either Side.
However, the Merchant, at his own Charges, may unlade his Goods during
the ſhutting up of the Port, upon Condition either to relade them, or indemnify
the Maſter. The great Variety of Circumſtances which different Voyages oca
caſion, naturally produce a correſpondent Diverſity in Charterparties, and were
I to quote a Series of all that offers on this Head, I ſhould greatly exceed the
Limits I have preſcribed myſelf. I therefore the rather omit it, as from thoſe
preceding others may be formed, to anſwer
every Purpoſe required; I ſhall, there-
fore, to what has already been ſaid about Freight, add here the Copy of a Bill of
Lading, which is a Writing wherein Maſters of Ships acknowledge the Receipt
of Goods aboard, and oblige themſelves to deliver the ſame in good Order and
Condition at the Place where they are conſigned to. There muſt always be three
made out, and in England they are to be on ſtamped Paper, otherwiſe they are
invalid, of which, one Thould be remitted per firſt Poſt after figning to the
Perſon the Goods go to, the ſecond remain with the Shipper, and the third,
made out on an unſtamped Paper, be given to the Maſter for his Government,
in aſcertaining the ſpecific Merchandiſe he has on board.


W. B.
Nº. 14 iO.
The Form of a Bill of Lading, viz.
HIPPED in good Order by A. B. Merchant in and upon the good Ship called
bound for Alicant in Spain, ten Bales, containing fifty Pieces of Broad Cloth, marked
and numbered as per Margin, and are to be delivered in the like good Order and

, and
2
Con.

DEMORRAGE, BOTTOMRY, &c.
127
per Piece
Condition at Alicant aforeſaid (the Dangers of the Seas excepted) unto E. F. Mer-
chant there, or to his Aſigns, he or they paying for the ſaid Goods
Freight, with Primage and Average accuſtomed. In Witneſs whereof the Maſter
or Purſer of the ſaid Ship hath afirmed to three Bills of Lading of this Tenor and
Date; one of which Bills being accompliſhed, the other two toftand void. And fo God
ſend the good Ship to her deſigned Port in Safety. Amen.
Dated at London.
Do Sol e Triwo'on
The Difference between a Bill of Lading and a Charterparty, is that the firſt is
required and given for a ſingle Article or more, laden on board a Ship that has
ſundry Merchandize ſhipped for fundry Accounts. Whereas a Charterparty is
a Contract, for the whole Ship. Bills of Lading ought to be figned by the
Maſter within twenty-four Hours after the Delivery of the Goods on board.
But upon Delivery of the Goods, the Maſter, or other Perſon officiating
for the Maſter in his Abſence, is to give a common Receipt for them, which is
to be delivered up, upon the Maſter's ſigning the Bills of Lading.
Upon delivering the Goods at the Port of Deſtination to the Shipper's Factors
or Aſſigns, giving up the Bill of Lading ſent to the Factors or Afligns is a
ſufficient Diſcharge, but the Maſter may inſiſt on a Receipt,
DEMORRAGE, or DEMURRAGE, is an Allowance made to the Maſter of a
Ship.i by his Freighters, for a ſtaying longer in a Place than the Time firſt
appointed for his Departure, or his Stay at the delivering Ports; and is gene-
rally inſerted in the Charterparty to be paid daily as it becomes due; the Days
are always limited, ſo that on Expiration thereof, and Proteſts duly made, the
Maſter is at Liberty to proceed, as is before-mentioned. The Price is regulated
by the Burthen of the Ship, ils 101 1900 cols ojaldinodlar od ilovic,
BOTTOMRY is the Act of borrowing Money upon the Keel or, Bottom of a
Ship by engaging the Veffel for the Re-payment, ſo that in Cafe the miſcarry,
the Lender loſes his Money, though if the finiſhes her Voyage and arrives in
Safety, the Borrower is to re-pay the Loan with a Premium or Intereſt agreed
on (which is always adequate to the Riſk) and if this is denied, or deferred, the
Lender ihall have the Ship,
Darba loronita Beidse
Bottomry is likewiſe called Fænus Nauticum, Pecunia trajectita; andfome
times Uſura Marina, though improperly, for notwithſtanding the Intereſt in
theſe Contracts is always much larger than that the Law preſcribes for Monies
lent on landed Securities, yet it is never accounted Ufury, as Marine Loans are
furniſhed at the Hazard of the Lender, which the others are not; and where the
Risk is greateſt on the advanced Monies, the Profit ought reaſonably to be ſo too.
Money lent on Bottomry is commonly on the Ship only, though ſometimes it
is upon the Perſon of the Borrower, and ſometimes on bothi; the firſt is where a
Man takes up Money, and obliges himſelf, that if the Ship agreed on arrives at
ſuch a Port, then to re-pay the Loan, with the Intereſt. ſtipulated, but if the Sea Laws,
Shipaniſcarry, then nothing. But when Money is lent at Intereſt, it is deliver- 206, 207.
ed at the Peril of the Borrower, and the Profit of this is merely the Price of the
Loan ; whereas the Profit of the other is a Reward for the Danger and Adventure
of the Sea, which the Lender takes upon himſelf, and makes the Intereſt law-
ful. Uura Marina joins the advanced Money and the Danger of the Sea toge- Jacob's Law
ther; and this obligatory ſometimes to the Borrower's Ship, Goods, and Perſon. Dictionary.
The Intereſt on Bottomry may amount to 30 or 40 per cent, and yet not fall
within the Statute of Uſury. As thus, 5 per cent for the legal Intereſt of the
principal Sum advanced, 15 per cent for thé Hazard of the Voyage outwards,
io per cent for the Hazard of the Return Home, or more, according to the Agree-
ment, and it is to be remembered, that the Lender will conſider the Premium or
Price for inſuring the Principal at Home, whether he pays it, or takes it upon
himſelf.
Where Bills or Bonds of Bottomry are ſealed, and the Money is paid, if the
Ship receives Injury by Storm, Fire, &c. before the Beginning of the Voyage,
then only the Perſon borrowing runs the Hazard, unleſs it be otherwiſe provided ;
as that, if the ship ſhall not arrive at ſuch a Place, at ſuch a Time, &c. there
the Contract hath a Beginning, from the Time of the ſealing : But if the
Condition be, that if ſuch Ship ſhall ſail from London to any Port abroad, and
ſhall


Ditto.
12g
OF BO T T OM R Y, &c.
Salk. 35
79.
10 Car. II.
Cap. 6.
19 Geo. II.
ſhall not arrive there, &c. then, &c. there the Contingency hath not its Be-
ģinning till the Departure.
A Maſter of a Ship may not take up Money on Bottomry in Places where his
Owners reſide, except he be a Part Owner, and then he may only take up as
much as his Share in the Ship will anſwer; for if he exceeds that, his own El-
tate is liable to make Satisfaction*; but when a Maſter is in a ſtrange Country
where there are no Owners, ncr 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 underſtood,
2 Mod. Caſes where Money cannot be procured by Exchange or any other-Means: And in
the firſt Caſe, the Owners are liable by their Veflel, though not in their Perſons;
but they have their Remedy againſt the Maſter.
Some Maſters of Ships, who had inſured or taken up Money on Bottomry, to
a greater Value than their Adventure, having made it a Practice to caſt away and
deſtroy the Ships under their Charge, it is made Felony and the Offenders to
fuffer Death.
By another Statute, it is enacted, that after the iſt of Auguſt, 1746, every
Cap- 37.P. Sum lent on Bottomry, or at Reſpondentia, upon any Subjects Ships to, or from
669.
the Eaſt-Indies, ſhall be lent only on the Ship, or the Merchandizes laden on
board her, and ſo expreſſed in the Condition of the Bond, and the Benefit of
Salvage ſhall be allowed to the Lender, his Agents, &c. who alone ſhall have a
Right to make Aſſurance on the Money lent; and no Borrower of Money on
Bottomry, or at Reſpondentia, as aforeſaid, ſhall recover more on any Aſſurance
than the Value of his Intereſt on the Ship or Effects, excluſive of the Money
borrowed. And if the Value of his Intereſt doth not amount to the Money bor-
rowed, he ſhall be reſponſible to the Lender for the Surplus, with lawful Intereft
for the ſame, together with the Aſſurance and all Charges, &c. notwithſtanding
the Ship and Merchandize be totally loſt.
All his Majeſty's Subjects were prohibited during the Continuance of the late
War to lend Money on Bottomry or Reſpondentia, or any Ships or Goods be-
longing to France, or to any of the French Dominions or Plantations, or the
Subjects thereof, and in Caſe they did, the Contracts and Agreements to be void,
and they or any Agent or Broker interfering therein was to forfeit 500l. &c.
Some have practiſed the taking up Monies on a fictitious Suppoſition, the Con
dition reciting, Whereas there is ſuch a Ship (naming her) bound to Amſterdam,
whereof ſuch a Man is Maſter (although there be neither ſuch a Ship or Maſter
exiſting) that if that Ship Mall not arrive at ſuch a Place within twelve Months,
the Money agreed on ſhall be paid; but if the ship ſhall arrive, then nothing; this
is an unreaſonable Way of raiſing Money copied from the Italians, and though it
is alſo very unconſcionable, and, as to eternal Right, unjuſt; yet it has had a
Currency between the neceffitous and avaricious Part of Mankind, and was ad-
judgedt that ſuch a Contract was good, according to the Common Law of this
Realm, and that on a ſpecial Verdict; but though it has this Sanction, yet the
prohibiting Inſurance, Intereſt or no Intereft (as by the afore-recited AG) will
tend to render it at leaſt leſs practicable, if not utterly to deſtroy it.
21 Geo. II.
P. 76.

P. 77.

The Form of a Bill of Bottomry.
O all People to whom theſe Preſents ſhall come, I A. B. of, &c. Oroner and
Maſter of the Ship called, &c. of the
Burthen of two
hundred Tons, now riding
at, &c. and bound for, &c. in the Weſt Indies, ſend greeting ; Whereas I, the ſaid
A. B, am at this Time neceſſitated to take up, upon the Adventure of the ſaid Ship,
called, &c. the Sum of 100l. for ſetting forth the ſaid Ship to Sea, and furniſhing
ber with Proviſions for the ſaid Voyage, which C. D. of, &c. Merchant, hath on
Requeſt lent unto me, and ſupplied me with, at the Rate of 20l. for the ſaid 100l.
during the ſaid Voyage : Now, know ye, that I the faid A. B. do by thejë Preſents,
for me, my Executors and Adminiſtrators, covenant, and grant to, and with the
faid C. D. that the ſaid Ship all with the firſt fair Wind, after the Day, &c.
depart from
the River Thames, and ſhall, as Wind and Weather ſkall ferve, pro-
ceed in her Voyage to, &c. in the Weſt Indies ; and having there tarried until, &c.
and the Opportunity of a Convoy (if in Time of War) or being fooner deſpatched
which
Hobo 12, mo. gi8. Noy 95. Latih. 252. Salk. 34. Lex. Merc. 102. 122.
# C. B. Hill, 22, 23, Car, II

1

OF BALLAST
1296
his Executors, Adminiſtrators, or Af- 2010
which ſhall firſt happen) ſhall return from thence, and ſhall as Wind and Wea-
ther ſhall ſerve, directly ſail back to the River of Thames, to finiſh ber ſaid
Voyage and I the faid A. B. in Confideration of the ſaid Sum of 100l. to me in
Hand paid by the ſaid C. D. at, and before, the Sealing and Delivery of the Pre-
ſents, do hereby bind myſelf, my Heirs, Executors, and Adminiſtrators my Goods
and Chattels,
and particularly the faid Ship, with the Freight, Tackle, and Appa-
figns, the Sum of 1201. of lawful Britiſh Money,, within one and twenty Days next
after the Return and ſafe Arrival of the ſaid Ship, in the ſaid River of Thames,
from the ſaid intended Voyage. And I t be ſaid A. B. do for
me, my Executors and
Adminiſtrators, covenant and Grant, to and with the ſaid C. D. his Executors and
Adminiſtrators, by theſe Preſents, that I the ſaid A. B. at the Time of Sealing and
Delivery of theſe Preſents, am true and lawful Owner, and Maſter of the faid Ship,
and have Power and Authority to charge and engage the ſaid Ship, as aforeſaid;
and that the faid Ship ſhall at all Times
, after the ſaid Voyage, be liable and charge-
able for the Payment of the 120l. according to the true Intent and Meaning of theſe
Preſents. And, laſtly, it is hereby declared and agreed, by and between the ſaid
Parties, to theſe Preſents, that in. Caſe the
ſaid Ship shall be laſt, miſcarry, or, be caſt
away, before her next Arrival in the ſaid River of Thames, from the ſame intended
Voyage, that then the ſaid Payment of the ſaid 1201. ſhall not be demanded, or be re-
coverable by the ſaid C. D. bis Executors Adminiſtrators, or Aſſigns; but ſhall ceaſe
and determine, and the Loſs thereby be wholly born and ſuſtained by the ſaid C. D. bis
Executors and Adminiſtrators: And that then, and from thenceforth, every Axt Mat-
ter and Thing herein contained, on the Part and Behalf of the ſaid A. B. ſhall be void;
any thing berein contained to the contrary notwithſtanding. In Witneſs, &c. seis
based
Of Ballaſt.
4

Hallele pe care of the ballem ama sa, iar Dito, sia
HOUGH Ballaſt has been adjudged to be no Part of a Ship’s Furnitures Linter's Cafe,
yet it is ſo requiſite to the failing of moſt Veſſels, as to render an Enquiry Leon, 6.47.
into its Coſt,
, and the Laws about it, very neceflary, while treating on Maritimo
Affairs ; it generally conſiſts of Sand, Gravel, or Stone, though any heavy Matter
anſwers the Purpoſe, which is to fink the Veſſel to its proper Depth in the
Water, or ſo to adjuſt Weight and Counterpoiſe, as to enable her to bear Sail
without overſetting.
All Maſters of Ships lying in the River of Thames, ſhall pay to the Corporation 6 Geo. II. C.
of Trinity Houſe, for all Ballaſt demanded and entered at the Ballaſt Office, the 29 S. 1.
Rates following, viz. for every Ton conſiſting of twenty hundred Weight, car-
ried to any Ship employed in the Coal Trade, 12d, and for every Ton carried to
any other Britiſh Ship 15d. and forevery Ton carried to any foreign Ship 19d. and
the Corporation of Trinity Houſe ſhall pay for the raiſing and carrying every Ton
of Ballaſt 9d. whereof 6d. ſhall be paid to the two Ballaſtmen, and 3d. for the
Uſe of the Lighters.
Nothing in this A& ſhall alter the Price of waſhed Ballaſt,
If any Ballaſtman ſhall deliver any Ballaſt, which thall fall ſhort of Quantity: Ditto, S. 3.
or ſhall neglect to deliver to any Ship ſuch Quantity as the Rulers of the Ballaſt
Office Thail by their uſual Tickets direct; or
Thall deliver more, or other Ballaſt
than ſhall be directed, every Ballaſtman ſo offending, and Oath being made of
the Fact within ten Days after the Offence, or within ten Days after the next
Return of ſuch Ship, by the Maſter, or other Officer of any ſuch Ship, before
any Superviſor of the Ballaſt Office, being an elder Brother, Thall for every Ton,
which ſhall appear to fall fort, and for every Ton, directed by the Ballaſt Rulers,
which ſuch Ballaſtman ſhall neglect to deliver, and for every Ton delivered con-
trary to the Directions of the ſaid Rulers, fòrfeit 2s. and 6d.
The ſaid Maſter, Wardens, and Aſſiſtants, ſhall make good to the Maſter of Ditto, S. 4.
ſuch Ship, the Quantity or Value of the Ballaſt, which ſhall be found deficient;
and in Caſe ſuch Recompence ſhall not be made within ten Days after the ſame
ſhall be demanded, the Corporation ſhall forfeit 50l. &c. which Recompence
the Corporation are impowered to ſtop out of the Wages to ſuch Ballaftmen,
over and above the Penalties,
L1
No
$30
OF BALLAST.

,
Ditto, S.Si
No Perſon (hall oblige any Ballaſtman to deliver Ballait, which ſhall be directed
by the Rulers of the Office to be carried to any other Ship; and if any Perfon
thall fraudulently receive any greater Quantity of Ballaſt, than they ſhall enter
and pay for at the Office, every perſon fo offending, and being thereof convicted,
upon Oath of one Witneſs, before a Juſtice of Peace for the City of London, or
the Counties of Middleſex, Elſex, Kent, or Surry, within their reſpective Juriſ-
dictions, ſhall for every Ton of Ballaſt forfeit 25. and 6d.
Ditto, S. 6.
If any Ballaftman ſhall refuſe to work for the Wages herein mentioned, or
having contracted to ſerve for any Term, ſhall quit ſuch Service, or ſhall depart
from the Service of the Corporation, without giving three Months Notice in
Writing to the Superviſors of the Ballaſt Office; or ſhall refuſe to work, or fhall
not work in fuch Stations in the River Thames as the Corporation ſhall appoint,
or ſhall work in any Station contrary to the Orders of the Rulers of the Office,
given in Writing, or ſhall join in any Combination to raiſe Wages, or obſtruct the
Service of the Corporation, or the Navigation of the River, every Perſon fo of-
fending
and being convicted as aforeſaid, ſhall forfeit 5l.
Ditto, 8.7. The Corporation of Trinity Houſe ſhall cauſe Marks to be ſet on the Stem and
Stern of every Lighter, between every two Gauge Marks now placed on the Stem
and Stern, that the Tonnage of every ſuch Lighter may be diſtinguished by a
gradual Progreſſion of two Tons and a half.
Ditto, 6. 8. It ſhall be lawful for the Maſters of Ships taking Ballaſt, to meet in the Square
at Billingſgate, on the third Monday in June, in every Year, and to adjourn as
the Majority of them ſhall think fit, and by Writing under the Hands and Seals
of the major Part of them, to appoint Perſons, having been Maſters or Mates of
Ships, toinſpect the Ballaſt Lighters, which Perſons are impowered to examine
the Marks; and in Caſe ſuch Perſons ſhall ſuſpect that any of the Marks have
been altered, and ſhall at the Ballaſt Office require the ſaid Lighter to be re-
weighed, the Corporation ſhall, within ten working Days after ſuch Requeſt,
cauſe ſuch Lighter to be re-weighed ; and in Caſe the ſame ſhall be found to be
of as great Tonnage, as by the Marks ſhall be noted, the Charge of ſuch re-
weighing ſhall be paid by the Perſons requiring the fame ; and in Cafe ſuch
Perions ſhall not pay the Charge within ten Days after ſuch re-weighing, they ſhall
forfeit 5l. but if ſuch Lighter (hall be found of leſs Tonnage than the Marks de-
note, the Charge of fuch re-weighing ſhall be borne by the Corporation, who
fhall cauſe the Marks on the Stem and Stern of ſuch Lighter, to be placed in ſuch
Manner as to denote the true Tonnage i and in Cafe the Corporation ſhall neglect
to have ſuch Lighter re-weighed, or to mark the fanne according to this Act,
the Corporation Thall forfeit gol. &c.
Ditto, S. g.
No more than two Lighters ſhall be required to be re-weighed in any one Week.
It ſhall be lawful for any Maſter of a Ship to appoint two Perfons belonging
to fuch Ship (whereof the Mate to be one) to go on board any Lighter, bring-
ing Ballaft to ſuch Ship, to inſpect the Marks before and after the Delivery of
fuch Ballaſt ; and every Ballaſtman thall immediately, before the Delivery of
Ballaſt to any Ship, trim fuch Lighter ſo as to make the ſame ſwim, at equal
Marks, at the Stem and Stern, and pump all the Water out; and if any Perſon
working on board ſuch Lighter, ſhall hinder any Perſon ſo appointed from going
on board fuch Lighter, or ſhall begin to deliver the Ballaſt before ſuch Lighter
Perfon fo offending fhall forfeit st.
If any Ballaſtman thall work, or deliver Ballaſt, in any Lighter not weighed,
marked, numbered, and allowed by the Corporation ; or ſhall alter or counterfeit
the Gauge Mark, or the Number of ſuch Lighter, he ſhall forfeit iol.
Ballaftman ſhall demand and receive from any Maſter or Oficer, of any
Ship, any Money, on Account of Ballaſt, or the Delivery of the ſame, he ſhall
The Ballaftmen employed in the Service of the Corporation ſhall be ſubject
to the Regulations of the Corporation, provided ſuch Regulations do not extend
to the lowering the Wages.
Ditto, S. 14• It ſhall be lawful for any Maſter of a Ship to carry as Ballaſt from London, or
any Part of the River Thames, any Dung, Chalk, Soap Alhes, Flints, Clay, or




Ditto, S. 10.
Ditto, S. 11.
Ditto, S. 12.
If any
forfeit 40s.
· Ditto, S. 13.
oti.er
OF BALLAST.
131
other Goods, now claimed to be furniſhed as Ballaſt, ſubject to the Reſtrictions
herein after mentioned.
The Maſter of every ſuch Ship ſhall firſt make Entry at the Ballaſt Office, or Ditto, S. 15.
with the Officer of the ſaid Corporation at Graveſend, of the ſaid Goods, and the
Name of ſuch Ship, and of the Maſter.
At the Time of ſuch Entry, the Maſter of ſuch Ship ſhall pay for ſuch Licence Ditto, S. 16.
to the Corporation id. for every Ton of the ſaid Goods,
If
any
Maſter of a Ship ſhall put on board any of the ſaid Goods before ſuch Ditto, S. 172
Entry and Payment, or ſhall ſhip any greater Quantity than ſhall be ſo entered
and paid for, he, on Conviction before one Juſtice, thall forfeit 51. &c.
Provided that the whole Quantity of Dung and Compoſt, licenied to be ſhipped Ditto, S. 18.
for the Uſe of the Coaſters and Colliers, does not exceed three Thouſand Tons
in any one Year, to commence from the firſt of June; and
that the whole Quan-
tity of Chalk and Chalk Rubbiſh does not exceed three Thouſand Tons;
and
that the Quantity of Soap Alhes, and all other Commodities herein licenſed,
does not exceed two Thouſand Tons, in any one Year.
All Entries of the Goods ſo licenſed, which ſhall be thipped in the laſt ſeven Ditto, S. 19.
Days of May, ſhall be made at the Trinity Houſe in London, and not at
Graveſend.
It ſhall be lawful for any Maſter of any Ship to carry as Ballaſt, from any Part Ditto, S. 20.
of the River Thames, any Bricks, Tiles, Line, or other merchandiſeable Com-
modity, without paying any Thing to the Corporation.
This Act ſhall be a publick Act, &c.
This Act thall continue from the firſt of June, 1733, for five Years, and to Ditto, S. 20.
the End of the next Seſſion of Parliament.
Continued for seven Years, &c. by Il Geo. II. Cap. 12, and further continued Dicco, S. 25.
for 11 Years, and
from thence to the End of the then next Seſſion of Parliament by
18 Geo. II. p. 548.
And as it has been the Practice of many unthinking Maſters of Veſſels, re-
gardleſs of the publick Welfare, to throw their Ballaſt out any where, to the
great Detriment of many Ports, &c. the Legiflature thought proper to prevent
the Continuance of fo prejudicial a Cuſtom, by paſſing the ſubſequent Law; the
Preamble to which lets forth, that Maſters, and other Perſons belonging to
Ships, coming into Havens, navigable Rivers, &c. do throw out their Ballaſt
either on the Shore or on the Side, and below the uſual Sea Mark, and do
other Annoyances, to the Detriment and Obſtruction of Navigation, &c.
For Remedy whereof, it is enacted, that if, after June 1, 1746, any Maſter 19 Geo. II.
or Owner, or any Perſon acting as Maſter of any Ship or other Veffel whatſo-
ever, ſhall caſt, throw out, or unlade, or if after the Day aforeſaid, there ſhall
be thrown out, &c. of any Vefſel, being within any Haven, Port, Road, Chan- P. 434.
nel, or navigable River, within England, any Ballait, Rubbith, Gravel, Earth,
Stone, Wreck, or Filth, but only upon the Land, where the Tide or Water never
flows or runs; any one or more Juſtices for the County or Place where or near
which the Offence ſhall be committed, upon Information thereof, ſhall ſummon,
or iſſue his Warrant, for bringing the Maſter or Owner of the Veſſel, or other
Perſon acting as ſuch, before him, and upon Appearance or Default, ſhall pro-
ceed to examine the Matter of fact, and upon Proof made thereof, either by
Confeſſion of the Party, or on View of the Juſtice, or upon the Oath of one or
more credible Witneſſes (which Oath the ſaid Juſtice is to adminiſter) he ſhall
convict the ſaid Maſter, &c. and fine him at his Diſcretion for every ſuch Of-
fence any Șum not exceeding 5!. nor under gos. &c. and for Want of ſufficient P. 405.
Diſtreſs, the Juſtice is to commit the Maſter, or Perſon acting as ſuch, and con-
victed as aforeſaid, to the common Goal or Houſe of Correction, for the Space of
two Months, or until Payment of the Penalties.
The following A&t explaining and amending the former, paſſed 32 Geo. II.
The Act of 6 Geo. II. for the better regulating Laſtage and Ballaſtage in the
32 Geo. II,
River Thames, being near expiring, it is enacted, that all the Powers, Clauſes, s. 1
and Proviſions therein, other than ſuch as are hereby amended, ſhall continue in
Force until the 24th of June, 1770, and from thence to the End of the then
next Seſſion of Parliament.
Dung,







I
132
OF PI LOTS.
S. 2.
S. 3
S. 4
S. 5.
Dung, Compoſt, Soil, Earth, Chalk, Rubbiſh, Soap Aſhes, Soap Waſte, Flints,
Tobacco-pipe Clay, or other Clay, or any other Goods, claimed to be furniſhed
as Ballaſt by the Trinity Houſe, (ſubject nevertheleſs to the Payment of Rates
and Duties, and under the Provifos and Reſtrictions aforementioned) may be
ſhipped in Colliers or Coaſters from London, or any Part of the Thames, ſo that
the ſame doth not exceed 3000 Tons, over and above 2000 Tons, allowed to be
ſhipped by the Leſſees or Occupiers of Layſtalls, on the Condition after men-
tioned; of Chalk and Chalk Rubbiſh 3000 Tons, and of Soap Aſhes and other
Commodities claimed to be furniſhed as Ballaſt by the Trinity Houſe, 2000 Tons.
Before ſhipping the Ballaſt claimed by the Trinity Houſe, the Maſter or Owner
ſhall make a due Entry at the Ballaſt Office of the Trinity Houſe, London, or at
the Trinity Houſe at Graveſend (unleſs the Ballaſt be ſhipped in the laſt ſeven
Days of the Month of May, then the Entry at London only) and of the Ship’s
Name, and of the Maſter, and at the ſame Time to pay to the Corporation id. a
Ton for a Licence.
If any of the Commodities be ſhipped before Entry, or any greater Quantity
ſhipped than entered, to forfeit 51.
Bricks, Tiles, Lime, or merchantable Commodities, to be ſhipped without
paying for Licenſe.
All Lighters and other Veffels employed for carrying Dung, &c. on board any
Ship or Veſſel to be firſt weighed, marked, and numbered, by an Officer of the
Trinity Houſe, on the Penalty of 5l. and a Gauge Mark of the Number and
Tonnage of the Veſſel to be painted on the Stem or Stern of the Veſſel, if removed
to forfeit 51.
If the Gauge Mark has been removed, altered or changed, the Corporation
may reweigh the Lighter, and, if the Tonnage is more than marked, the Owner
to forfeit 51.
The Trinity Company to find Lighters to take Ballaſt from Ships, within three
Days after Notice from the Maſter, unleſs frofty or tempeſtuous Weather, on
Forfeiture of gol.
The Owner or Maſter to pay 6d. per Ton to the Company for Lighterage.
The Maſter to forfeit 5l. for unloading any Ballaſt below high-water Mark;
and 403. to be paid by any Perſon throwing any Dirt, Rubbiſh, Athes, &c. from
any Wharf, Quay, or Bank, or from any Barge or Lighter.
Of Pilots, Lodeſmen, or Locmen.
S. 6.
S. 7.
S. 8.
S. 9.
S. 10, 11.
BY
theſe different Denominations are ſignified the ſame Officer, whoſe Buſineſs
it is to conduct any Vefſel or Ship into a Road or Harbour, over Bars or
Sands, or through intricate and dangerous Channels, being occaſionally called in
to the Maſter's Aſſiſtance when failing as above, or by unknown Shores, and
diffident of his own Skill and Judgement; though in many Parts, where the
Approach or Entrance to Harbours, &c. are hazardous and difficult, the taking
a Pilot is not a voluntary Act, but obligatory on the Maſter, otherwiſe, in Caie
of a Loſs, he muſt make it good; and the following Laws are now in Force con-
cerning them in England. After a Pilot is taken on board, the Maſter has no longer
any Command of the Ship, till the is fafein Harbour; but then the Maſter reſumes
the Government of the fame, and is to ſee to her Bed and Lying ; the Pilot being
no longer liable, though for his own Convenience he may ſtill be on board. The
ſame Rule holds good, if a Pilot goes on board only to conduct a Ship through
fome dangerous Place, as for Inſtance, Yarmouth Roads ; after paſſing them, the
Maſter muſt reſume the Command, and the Pilot is no longer reſponſible. Yet
it may happen, that the Pilot ſhall continue on board, the Remainder of the
Voyage ; for Example, he may want to go to Newcaſtle ; but he is only to be
conſidered as a common Paſſenger, after he has conducted the Ship through the
hazardous Paffage, for which Purpoſe he came on board, neither can he charge
any Wages, Salary or Fee, though he ſhould keep the Helm during the whole
Voyage, except for the Duty done in paſſing the Roads.
if à Maſter of a Ship finds himſelf in tempeſtuous Weather, in any reputed
dangerous. Place, uſually denominated Pilot's Water, and a Pilot offers to come
on board, which Offer he refuſes to accept; the Maſter in ſuch Caſes is liable

4
to
OF PILOTS, &c.
193
to his Owners, Freighters, or Inſurers, for the Damage or Loſs of Ship and
Cargo, if either happen in his attempting the Paſſage without a Pilot.
The Maſter of an Engliſh Collier is held by the Flemings and the Dutch to
be Pilot ſufficient to Conduct his Ship from Newcaſtle to their Ports; accord-
ingly, in the Caſe of a Ship freighted at Shields by a Flemiſh Merchant at Oſtend
with Coals for that Port, he refuſed to allow the Charge of a Pilot: The Affair
was referred to Arbitration, the Britiſh Vice Conful, MORTIMER, being one of
the Arbitrators ; when it appeared, that the Ship was driven by Streſs of Weather
into Yarmouth Roads, which are Pilot's Water, and a Pilot offering his Service, he
accepted him. Had he done otherwiſe, he would have been anſwerable to his
Owners for the Ship if it had been loſt, and to the Freighter for his Coals ; it
was therefore decided, that the Freighter was bound to allow the Pilotage. Pilot--
age is allowed in moſt Charterparties, but not in thoſe made for Colliers in
England.
If any Perſon ſhall take upon him to conduct or pilot any Ship, by, or from 3 Geo. I. C.
Dover, Deal, or the Iſle of Thanet, to any Place on the River Thames or Medway, 13.S. k.
before he has been firſt examined by the Maſter and Wardens of the Society or
Fellowſhip of Pilots of the Trinity Houſe of Dover, Deal, and the Ille of Thanet,
touching his Ability, and approved and admitted into the ſaid Society, at a Court
of Loadmanage, by the Lord Warden of the Cinque Ports, or his Deputy, and
the Maſter and Wardens ; ſuch Perſon for the firſt Offence ſhall forfeit iol. for
the ſecond col. and for every other Offence 401. &c.
This Act ſhall not prevent the Maſter or Mate of any Ship, or Part Owner, Ditto, S. 2.
refiding at Dover, Deal, or the Idle of Thanet, from piloting his own Ship; nor
ſubject any Perſon to the Penalties, who ſhall be hired by any Maſter to pilot
his Vefſel; provided none of the Society, within one Hour after ſuch Ship thall
arrive at any of the ſaid Places, be ready to pilot the ſame.
Maſters of Merchant Ships may make Choice of ſuch Pilot of the Society, as Ditto, S. 3.
they ſhall think fit ; and no Perſon ſhall continue in the Society, who ſhall not
Pilot a Ship, at leaſt twice in one Year (unleſs prevented by Sickneſs) to, and
from, the Places abovementioned.
For conducting any Ship from Dover, Deal; or the Iſle of Thanet, to any Ditto, S. Giá
Places on the River Thames and Medway, the following, and no greater, Prices
ſhall be taken, viz. For every Ship drawing ſeven Feet Water 31. 1os. eight
Feet 41. nine Feet 41. 1os. ten Feet gli eleven Feet 5l. 1os. twelve Feet 61.
thirteen Feet 61. ios. fourteen Feet 71. fifteen Feet 71. 1os. ſixteen Feet 81.
ſeventeen Feet 81. Iosi and no Allowance to be made for odd Inches.
If any Pilot ſhall negligently loſe the Ship under his Care, and be thereof con- Ditto, S. 5.
victed, he ſhall for ever be incapacitated for acting as a Pilot; and the Number
of ſuch Pilots ſhall not be leſs than a hundred and twenty, whoſe Names, Ages,
and Places of Abode, ſhall, every 25th of March, be affixed in ſome publick
Place at the Cuſtomhouſes at London and Dover, and for not returning ſuch
Liſt, the Mafter and Wardens of the Society ſhall forfeit rol. &c.
Ditto, S. 7.
This A& ſhall not hinder any Perſon from aſſiſting a Ship in Diſtreſs.
The Maſter and ſuch two Wardens of the Society, as ſhall be appointed to
examine any Perſon
on his being admitted a Pilot, Thall take the following Oath,
to be given by the Regiſter of the Court of Loadmanage, viz.
I
A. B. do ſwear, that I will impartially'examine, and enquire into the Capacity
and Skill of
in the Art of Pilotage over the Flats, and round the
Long Sand Head, and the Coaſts of Flanders and Holland, and will make true and
Speedy Return thereof to the Lord Warden of the Cinque Ports, for the Time being,
or his Deputy, without Favour, Affection, Fee or Reward.
So help me God.
This Act ſhall not extend to the taking away any Liberties veſted in the Cora Ditto, S. 9:
poration of the Trinity Houſe of Deptford Strond.
This Act ſhall be a publick Act, and ſhall continue ſeven Years, &c.
Continued by 8 Geo. II. Cap. 21. to.25 March, 1749, &c. Further continued
until 25 March, 1764; and from thence to the End of the then next Seſſion of
Parliament, by 23 Geo. II. p. 485.
M m
The


Ditto, S. 8.
Ditto, S. 10
Of PILOT S, &c.
134
7 Geo. I. C.
21. S. 14.
20. S. 1.
The Lord Warden of the Cinque Ports, or his Deputy, with the Affent of the
Commiſſioners of Loadmanage, and of the Maſters and Wardens of the Society
of Pilots of the Trinity Houſe of the Cinque Ports, at a Court of Loadmanage,
may, during the Continuance of 3 Geo. I. Cap. 13. make Rules and Orders for
the better Government and Regulation of the Pilots reſiding at Dover, Deal,
and the Iſle of Thanet, and may order a ſufficient Number of them, not leſs than
eighteen, to ply conſtantly at Sea, to be ready to conduct Ships up the Rivers
of Thames and Medway; and the Lord Warden, &c. at a Court of Loadmanage,
may ſuſpend or deprive any of the ſaid Pilots, for breaking the ſaid Rules or
Orders; and if any Pilot, during ſuch Suſpenſion or Deprivation, ſhall take upon
himſelf to conduct any Ship, by, or from Dover, Deal, or the Iſle of Thanet, to
any Place upon the River Thames or Medway, he ſhall be liable to all Penalties
provided by the ſaid Act againſt ſuch Perſons as ſhall conduct Ships from and to
the Places aforeſaid, without being firſt examined and approved of by the Maſter
and Wardens of the ſaid Society.
Continued as the preceding Act of 3 Geo. I. Cap 13. by 8 Geo. II. Cap. 21. to
25 March, 1749. And further continued to 25 March, 1764, by 23 Geo. II.
p. 485.
5 Geo. II. C. 1 If any perſon ſhall take the Charge of any Ship as Pilot, down the River of
Thames, or through the North Channel, to, or by Orfordneſs, or round the Long
Sand Head, into the Downs, or down the South Channel into the Downs, or from
or by Orfordneſs upon the North Channel, or the River of Thames, or the River
Medway, other than ſuch as ſhall be licenſed to act as a Pilot, by the Maſter,
Wardens, and Aſliſtants of the Trinity Houſe of Deptford Strond, under the coin-
mon Seal of the Corporation ; every Perfon fo offending, and being convicted
before two Juſtices of the Peace for the City of London, or the Counties of
Middleſex, Elex, Kent, or Surrey, ſhall, for every Offence, forfeit 20l. provided
that nothing in this Act ſhall extend to the obliging any Maſter of any Ship in
the Coal Trade or Coaſting Trade, to employ a Pilot.
Ditto, S. 8.
The Pilots already admitted by the ſaid Corporation ſhall be ſubject to the
Regulations of the Corporation, provided the Regulations do not relate to the
Pilots keeping of Turns, or to the ſettling the Rates of Pilotage ; and ſhall pay
the ancient Dues, provided the fame do not exceed one Shilling in the Pound,
out of their Pilotage, for the Uſe of the Poor of the Corporation, within ten
Days after the Service of ſuch Pilots ſhall be ended.
Ditto, s. In Cafe ſuch Pilots ſhall refuſe to take the Charge of any of his Majeſty's
Ships, when appointed thereto by the ſaid Corporation, or ſhall have miſbehaved
themſelves in the Conduct of any Ships, or in any other Part of their Duty; or
if Pilots ſhall refuſe to obey any Summons of the Corporation, or ſuch Orders as
the Corporation ſhall make in the Premiſes, the general Court of the ſaid Cor-
poration, upon Examination thereof, are required to recall the Warrants granted
to ſuch Pilots; and if ſuch Perſon ſhall (after Notice given by the Clerk of the
ſaid Corporation to them in Perſon, or left at their Place of Abode) act as Pilots
within the Limits aforementioned, they ſhall be ſubject to all the Penalties
inflicted on unlicenſed Pilots.
Ditto, S. 11. Nothing in this Act ſhall extend to the impeaching of any Privileges enjoyed
by the Pilots of the Trinity Houſe of Kingſton upon Hull, or the Trinity Houſe of
Newcaſtle upon Tyne.
Ditto, S. 12.
This Act ſhall not extend to the impeaching any of the Franchiſes, nor to take
away the ſole Right of piloting Merchant Ships, from òr by Dover, Deal, and
the Ine of Thanet, upon the Rivers Thames and Medway, granted to the Society
and Fellowſhip of the Maſter, Wardens, and Pilots of the Trinity Houſe of Dover,
Deal, and the Ife of Thanet by 3 Geo. I Cap. 13.
This Act ſhall be a publick Act, &c.
Ditto, S. 13.
The Maſters in the Royal Navy are the Pilots : They have the Charge of the
Ship during the whole Voyage. The Captain directs where he would have
the Ship conducted to, and takes care of himſelf, and with the Aſliſtance of his
Lieutenants and other Officers to make the Mariners obey the Maſter, but he has
nothing to do with the Steerage. He is Reſponſible for the Loſs of the Ship
in Battle, or if he gives the Matter Orders to lay her in a Place of Danger, contrary

9.


to
OF PİLOT S, &c.
135

well
.
to the Maſter's Advice; but where no ſuch Event happenis, the Maſter is to
Account for the Loſs 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 Diſputes ariſe, for which they have not made any ſpecial Proviſions, Britiſh
Conſuls, whoſe Office obliges them to be Arbitrators for their Countrymen ; as
Merchants at Home, who are called upon to arbitrate between Britiſh
and Foreign Subjects, ſhould be well acquainted with the Marine Laws of other
Maritime States, eſpecially ſuch as are held in general Eſteem, and are refpected
in the Courts of Judicature of the Kingdoms and States of Europe.
We ſhall begin with the Laws of France, which however are founded in
a great meaſure upon the Laws of Oleron, inſtituted by Richard I. King of
England, upon his Return from the Holy Land about the Year 1195; Richard
at that Time having extenſive Poſſeſſions in France, amongſt others the Town
of Oleron in Gaſcony, ſituated on the River Gave, belonged to him.
In France no one can ſerve as a Pilot until he is at leaſt twenty-five Years Dic. de Com.
old, and has paſſed a ſtrict Examination of his Knowledge in the Fabrick of Tom. 3. P.
Ships, and concerning the Tides, Banks, Currents, the Rocks, and other dan-
gerous Parts, in the Rivers, Ports, and Havens, where they are eſtabliſhed.
They are obliged after they are approved and admitted always to have their
Boats furniſhed with Anchors and with Oars, that they may always be in a
Condition to ſuccour Ships on their firſt Signal.
No Mariner, that is not admitted a Pilot, as above, ſhall offer to conduct any
Vefſel, except where a licenſed Pilot is wanting; and, in this caſe, the Maſter
of the Ship may take a Fiſherman, though this muſt quit the Care of the Veſſel
to a regular Pilot, in Caſe ſuch a one offers, before they have paſſed the dangerous
Parts, and a Satisfaction ſhall be made the Fiſherman for his Aſſiſtance out of
what would have been due to the Pilot, had he taken Charge of her from the
Beginning.
If any Pilot is drunk when he offers to engage in his Function, he ſhall for-
feit 100 Sous, and be ſuſpended for a Month.
Ships that are neareſt are to be piloted firſt, under Penalty of 25 Livres to the
Pilot, who ſhall prefer one that is more diftant; and they are equally prohibited
to go farther than the Roids to meet the Ships, or to enter them againit the
Maſter's Liking; nor to quit them until they are anchored and moored in Port;
and, if it is in going out, not until the Shipis in open Sea, on Penalty of loſing
their Stipend, and being muleted in 30 Livres.
For the Veſſel's Security, and the Pilot's Diſcharge, the Maſter ſhall declare
what Water the Ship draws, on Pain of forfeiting to the Pilot 25 Livres for
every Foot he conceals.
Pilots muſt not exact more for their Afſiſtance than what is regulated by their
Officers, and contained in the Tariffs in the Regiſter Ofice, and fixed upon
the Key, excepting in Caſes of Storms, and evident Danger, when it ſhall be
ſettled by the Arbitration of the ordinary Officers, with the Intervention and
Advice of two Merchants.
The Marine Ordinances declare all Promiſes void, that are made to Pilots
under the Apprehenſion of a Shipwreck. 602
The Pilot who through Ignorance ſtrands a Vefſel ſhall pay 100 Livres, or, if
incapable, ſhall be whipt, and be forever deprived of exerciſing his Function again.
And he who maliciouſly runs a Ship aſhore ſhall ſuffer Death, and his Corpſe
be fixed to a Maſt near the Place of the Wreck.
It is likewiſe the Obligation of the Pilots to ſee that the Buoys and Sea Marks
are well placed, and to examine whether there be no Alteration in the ordinary
Depths and Paffages, that they may give Advice to their Officers, or to the
Maſter of the Key or Port.
their oficer
As for the Port, it is free to all Maſters and Captains, as well French, as
Foreigners, to take thoſe Pilots they like beſt, without being obliged at their
going out to make Uſe of thoſe that brought them in.
By the Sea Laws of Wbifbuy, in the Iſle of Gothland (formerly the Empo-
rium of the North, and the Reſidence of Merchants of every Nation towards
the Clofe of the twelfth Century, when their Marine Laws were ſubmitted to,
and paſſed for juſt on all the Coaſts of Europe from Muſcovy to the Meditera-
ranean
)


1
136
OF PILOT S, &c.
Ordonnance
Art. 1. 2.
Ditto Art. 3.
or Flats, and thoſe which ſhall not enter them but on this ſide the firſt Buoy,
bary, Genoa, the Canaries, from Spain, France, Englan the
mrean) when a Ship comes to a Harbour or River, and the Maſter doth not know
the Coaſt, nor the River, he ought to take a Pilot of that Country to carry
her
up the River or Harbour; which Pilot ſhall be maintained by the Maſter
and paid by the Merchant: Alſo, if it is thought convenient in any River, or
off any dangerous Coaſt, to take on board a Pilot of the Country, though
the Merchant oppoſes it, if the Maſter, the Ship’s Pilot, and the major part of
the Seamen are for it, he may be hired, and ſhall be paid by the Ship and Cargo,
as Averages are calculated for Goods thrown overboard. Leg. Wifb. art. 44 andbo.
And by the Ordinances of Koniſburgh, if a Maſter in this Caſe is obliged to
pay exorbitant Pilotage, it ſhall be made good by the Ship and Cargo as
grofs Average. The ordinary Pilotage comes within common Average.
In Holland the Regulation of Pilots is ſuitable to the other equitable marine
Inſtitutions of that Republick; as the Pilot's Pay varies in the different Provinces
of that State, and our extenſive Commerce with it renders a continual Uſe of them
neceſſary, I ſhall give my Reader an Account of that Part of their Laws which
I think may be of Service, and merit his Regard, in as brief a Manner as the
Importance of the Subject to all that are, or may be, concerned in the Dutch
Trade will permit, without curtailing any Thing I shall deem requiſite for their
Information.
The States of Holland and Weſt-Frieze, in their Ordinance about the Pilots of
Huyduynen, Petten, Calans-ogg, Texel, and the neighbouring Parts, order That
No one ſhall be admitted as a Pilot, who is not ſtrong and robuſt, not leſs
des Etats de than twenty-five or above fixty Years of Age, who ſhall have failed at leaſt four
Holland, &c.
du 15 de Sept.
Years in the Openings of that Country, and have an entire Knowledge of the
1685 Currents of the Texel, and he ſhall then have a Mark given him of his Admittance.
To prevent all Diſputes, the Governors or Steerſmen of the Pilot Boats may
put aboard the Veſſel that wants one, ſuch ſworn Pilot as he thinks moſt capable,
without any Hindrance from the others, under Penalty of 6 Florins, except
the Maſter elects any other than him propoſed.
No other Pilots but thoſe who have been examined and authorized as aforeſaid,
and have received the Badge of their Office (which they are to Thow, as well as
this preſent Ordinance to all Commanders before they undertake to conduct
them either in or out, under Penalty of forfeiting 24 Florins for each Offence)
ſhall dare to undertake the Charge of any Ship going out or coming in, &c.
Ditto Art. 7.
The Pilots are obliged to conduct the Ships, as far as on this Side the Vlaak,
and if the Captains deſire to be piloted farther, the Pilots may not refuſe, though
thereby they are detained, one, two, or three Days extraordinary abroad ; they
ſhall have 6 Florins beſides their common Pay, if the Ship is only in Ballaſt, or
9 Florins if ſhe is loaded, provided that all foreign Ships (except only thoſe
which bring Oxen) pay 9 Florins, if empty, and 13 Florins ro Stivers, if laden;
and, if a Pilot remains aboard more than the ſaid three Days, he ſhall have 40
Stivers a Day, beſides his ordinary Salary, the ſame as the Pilots of Vlieland and of
Terſcheling have, according to the fifth Article of their Ordinance; but when in
Winter, a Pilot has conducted a Ship into a good Road, free from the Danger of
the Ice, and remains there two or three Days the Pilotage is earned, and it ſhall
be free to the Captain to detain the Pilot on board paying him 40 Stivers per Day,
If it happens that a Pilot having conducted the Veflel on this Side the Vlaak,
and the Maſter cannot pay him, either for Want of Money, or otherwiſe, fo that
the Pilot is obliged to come up with the Ship to the Place deſigned, the Maſter
Thall give him twelve Florins beſides his Pilotage, and may for this make Uſe of
him until their Arrival; but if the Pilot is accidentally detained through Want
of a Boat, &c. to put him aſhore, in ſuch Caſe, the Maſter is not obliged to
pay him any more than his Pilotage.
All Pilots ſhall be obliged to board the Ships at a League without the Shallows,
Thall only have half Pilotage.
All Ships and Gallies which come from the Weſt, from the Levant, from Bar-
Denmark, Sweden, Coningſberg, Dantzick, Bergen, Drontbien, Nileus, Hambourg,
and other places in their Neighbourhood, as alſo the Galliots, or other Veſſels,
laden with Charcoal, of whatſoever Nation they are, as well Foreigners as
Natives,

Ditto Art. 6.


Dit) Art. 8.
Ditto Art. 9.
OF PILOTS, &c
137
he
Natives, who will enter the Texel
, Thall be oblig.ed to take Pilots, and to pay
them on the Footing of the preſent Ordinance, when they come to offer them-
felves without the Buoys, provided that the Veſſels from the North Mall pay 24
Stivers the Foot to Nieuws, Diep, and 24 Stivers the Foot to this Side of the
Vlaak, and that they are free in the Road of the Merchants, or Koopwarders Reed.
The Veliels coming from Normer, Drontbiem, and Romſdaal, with Bale Goods,
Iron, Fiſh, oil, and other Commodities, ſhall pay as much as thoſe from the
Baltick, without Exception; But the Galliots or Śmacks coming from l'Eyder,
Jutland, or Norway either in Ballaſt; or laden with Cattle, ſhall pay 15 Stivers the
Foot, if the Pilots go aboard them beyond the Openings, and the Pilots may
leave them when they have conducted them into the Road of the Merchants ;
but if a Pilot quits his Ship before bringing her into the ſaid Roads, he ſhall
forfeit 12 Florins; and, if the Captain will be piloted on this Side the Vlaak,
Thall augment the Pilot's Salary 5 Stivers per Foot, paying 20 inſtead of 15.
And if the Captain refuſes to pay the Pilot, this latter may follow him to his
deſtined Port, to recover his Salary, and the Charges occaſioned him, for which
Charges he ſhall be allowed 12 Florins; the Veffels which have a third of their
Loading, ſhall pay as is ordered in the 24th Article, and all that is taken in with
the Tackel, or that is laden in a Ship from Hand to Hand, whether it be Oils,
Bales, Sacks, Caſks, Lead, &c. Thall be reputed Merchandize, except all
Sorts of Wood, which ſhall not be eſteemed ſuch.
The Pilots ſhall be obliged to go and come once a Month through the Open- Ditto Art.10.
ings to found the Depths exactly, to viſit the Banks and Shores, and nicely to
examine the Buoys and their Ropes, to ſee that they are not worn out, and whe-
ther the Shallows are any Thing altered, which they ſhall be alſo obliged to do,
as often as there ſhall happen tempeſtuous bad Weather; and, if they perceive any
Change in the Shallows, Banks, or elſewhere, they fhall be obliged immediately
to declare it to the Lords Commiſſioners, that they may immediately remedy it.
And if it happens that the Pilot runs the Ship alhore, whether through Vil- DittoArt.11.
lainy, Diſaſter, inadvertency, or Imprudence, the Commiſſioners ſhall take
Cognizance of it, and punith him according to the Exigence of the Caſe, either
by Suſpenſion, Diſcharging, Baniſhing, or by a greater Puniſhment, even with
Death; but if it happens through an extraordinary Caſualty, as by an unforeſeen
Miſchance of a ſudden Change of Wind, or of the Current, or other ſimilar
Accidents, the Penalty ſhall be moderated by the Commiſſioners, as they ſhall
think juſt; ordering to this Effect the reſpective Officers to inform themſelves
exactly, of what has paſſed, and to ſend their Declarations to the Commiſſioners,
as alſo, if the Caſe require it, to ſeize the Pilot, and proceed againſt him accord-
ing to what he has done.
Ships or other Veſſels ſhall pay for piloting out, viz.
10 Feet Water
8. Stivers, Pence,
Thoſe that draw 11 Dº
9 Ꭰ°
the Foot.
12 Dº
And thoſe that draw above twelve Feet Water ſhall pay 12 Stivers the Foot.
And in Caſe of refuſing Payment, the Pilot, on the ship’s Return, may purſue
the Captain to the Place he is bound to, to recover his Due, with Charges, for
which he ſhall be allowed 12 Florins ; but the Veſſels going to the North are
excluded; and thoſe which have a Third or more of their Cargo, ſhall pay
Pilotage as follows.
Thoſe that draw from
7 to 8 Feet Water
F. 6 14 1 Feet Water
F. 18
6
9
151
7
16
16
27 TO
IO
9
17
30
171
35
II
18
40
18
44
13 19
14
191
15
16
NO
thoſe



Ditto Art.16

Io Dº
1
8
10 15
1
1
Il
20
22 IO
25
9 1
IO
T
0
10
A No QO
I
5
II
II
I2
I2
1
48
53
Hils
12
13
13
14
E
ID
20
58
138
OF PILOTS, &c.
thoſe that draw more Feet Water, ſhall pay for every ſurplus Foot 12 Florins,
and 6 Florins for each half Foot, but nothing for the Quarter of a Foot.
Ditto Art.17.. And every Pilot fhall be obliged to abide aboard till the Ship is got without,
and ſhall not undertake to carry out another till he has conducted the firſt into
open Sea, on Penalty of 12 Florins Mulet, and Suſpenſion for twelve Weeks ;
and when the Wind is fair for getting out, the Pilot's Boat muſt 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 ſome other
Captains go in the ſame Boat, they ſhall be obliged each of them to carry a Pilot
with them, to conduct their Ships abroad, if they do not declare that their Pilot is
left aboard, and tell their Name and Surname, on Penalty to the Boatman op
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 ſhall be obliged on his Return afhore, to declare to the Officer the
Names of the Captains that he has carried aboard, and that of the Pilots, as above,
on Penalty of 18 Florins.
Ditto Art.18. When the Pilots arrive on board, they ſhall immmediately demand of the Cap-
tain or Mate how much Water the Ship draws, which they ſhall be obliged to
declare without Reſerve, on Pain of forfeiting 16 Florins
..
Ditto Art.19. The following Pilotage ſhall be paid for the Entrance of Ships, according to
the Feet they draw of Water counting by Feet and half Feet, which the Cap-
tains ſhall be obliged to pay, except thoſe which come from the North as in the
9th Article, viz. in Summer, to commence from the iſt of April to the ift of
September, to be counted from the Day that the Ship paſſes the Vlaak, and not
froin the Day that the ſhall be got in.



20.
F. 12
F. 36
IO
16
40
II
II
IO
For every Ship or Veſel that craws.
7,8,9, to 1o Feet Water
151 Feet Water
ΙΟΣ
13
15 161
16
17
18 SATU
19
18
181
23 19
14
26
19
14]
29
32

47 10
55
63 10
I 2
171
I2
72
13
20
81
131
90
IOO
hot 20
IIO
IS
In Winter, to begin from the 1ſt of September to the laſt Day of March,
- F. 48 10
F. 18
15 Feet Water
19 10" 16
a 162
21
22
or 82
Ditto Art.21.
7, 8, 9, to 10 Feet Water
10
II
II
I2
12
13
13
14
14
15
54
63
- 721
82
92
103 10
115
127 IO
140
10 17
24 173
26T 18
28
11101 310 sacs 192
197
38 10:20
43

18
341
Ditto Art.22.
And every Veſſel that draws more than twenty Feet Water, ſhall pay for every
Foot, over 25 Florins, though only Feet and half Feet ſhall be paid for, without
reckoning any thing for the Quarter of a Foot, under Penalty of 20-Florins.
Ditto Art. 24. All Veffels coming from the Levant, Barbary, the Canaries, from Spain,
France, England, Muſcovy, and all other Parts, as in the 9th Art. with a Third,
or more, of their Loading, ſhall be deemed as full, and ſhall pay 3.Florins inſtead
of 2, provided that the reſt of their Cargo conſiſts only in Salt, or in common
3
Goods;
OF PILOTS, &c.
139
F. 20
21
IO
15
11
IO
94 io
IO
-
II
138
34
36
1
12
1
]
1
E
I 2
1
-
1
1
1
1
IO
1
131
20
210
1
51
Goods; and the Veffels which ſhall not have a Third of their Loading, ſhall
pay according to the preceding Regulations, made in this Ordinance.
All Ships coming from Guinea fall pay
Drawing 8 Feet Water
14 | Feet Water
F. 58
Ditto Art.255
81
65
9
23
151
73
25
9
16
81
27
16
10
29
17
108
32
171
123
II 를
​18
18:
155
39
19
172
13
42
19
191
46
14
This being the Tax of Pilotage during Winter; and Ships coming from Ame-
rica, from Brazil, or the neighbouring Coaſts, half loaden, Ihall pay as thoſe
which come from Guinea ; but thoſe which ſhall come from America, or from
the Streights with Salt, ſhall only pay as other Ships loaden with Salt, according
to the preſent Ordinance.
Provided, that the Pilots who ſhall bring in any Ships in a great Storm, or ſuch Ditto Art. 26.
as are without Anchors, Mafts, Cables, or Rudder, ſhall have, beſides their
ordinary Hire, as much as the Commiſſary, or the Arbitrators which he ſhall
have eftabliſhed, think proper to adjudge.
And all Pilots ſhall be likewiſe obliged to carry all Ships and Captains out to Ditto Art.27,
Sea, whenever they are required, and this on reaſonable Terms ; and no Pilot
ſhall undertake to carry out more than one Ship at a Time, under Penalty of 25
Florins and Suſpenſion of fix Weeks: Neither is it permitted to any Pilot who
has undertaken to conduct a Ship out, to reſign her to another, under Pain of
6 Florins Mulet; but if any ſuch Pilot happens to fall fick, the Captain may
take any other he pleaſes.
When Pilots are to carry out, or bring in Ships, they cannot oblige Captains Ditto Art, 28.
to take more than one, nor charge him for any Damage that their Boat may
have ſuffered in going aboard, or before the Ship, on Penalty of 25 Florins, unleſs
that it be by expreſs Order of the Captain, in which Cafe he muſt produce Proofs
of the ſaid Order; in Want of which, he ſhall not be allowed more than a
common Pilotage.
And in Caſe that a Ship appears either by Night or by Day, without meeting DittoArt. 30.
with any Pilot, and her Company deſire any Fiſherman (not admitted to the
Function) to conduct her in, the Fiſherman is obliged to declare to the Captain
that he is no ſworn 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 ſhall be preferred, and the Fiſherman obliged to quit her,
except he agrees with the Pilot that they ſhare the Pilotage between them, which
ſhall be at the Election of one and the other.
But if the Fiſherman has once brought the Ship within the firſt Buoy, before Ditto Art.31.
the ſworn Pilot got on board, the Fiſherman ſhall not be obliged to abandon her,
nor to yield up the Moiety of the Pilotage.
Item, all Ships being in Danger, their Captains may demand and take two Ditto Art.32.
Pilots, paying a double Reward; but, if there remains more than one Pilot
aboard without the Captain's Order, thoſe that remain unordered ſhall have nothing
to pretend to but what the Captain pleaſes to give them freely, as he ſhall think
proper.
When a Pilot has brought in a Ship, and received his Salary, he ſhall be obliged Ditto Art. 33.
to give the Captain an Acquittance, which thall contain the Number of Feet the
Ship draws, and the Sum he has received ; which Acquittance he ſhall tign or
mark, and the Captain ſhall be obliged to demand one, upon which to reimburſe
himſelf



140
O F PILOTS, &c.
hinſelf the Pilotage from the Merchants, in Want whereof theſe latter ſhall not
be obligated to pay him any Thing; and, beſides this, the Captain and the
Pilot ſhall forfeit 6 Florins each.
Ditto Art.35.
We forbid every one, whoſoever he be, to inſult, abufe, or injure any of the
Pilots admitted and ſworn, either in the Streets, at the Water-ſide, in the publick
or private Houſes, or to deride them for their Employments, on Penalty of 6
Florins for the firſt Time ; 12 Florins, and an arbitrary Correction for the ſecond ;
18 Florins and Baniſhment for two Years for the third.
Ditro Art.36. If it happens that any Ship is forced to enter by the Openings to anchor, either
by a contrary Wind or otherwiſe, and would go out again, the ſhall pay 15 Stivers
per Foot Pilotage ; but ſuch as would be conducted within the Vlaak íhall pay
full Pilotage; and if the Pilot has brought the Ship fafely into the Amelander
Diep, either by the Captain's Order, or conſtrained thereto by bad Weather, the
Pilot ſhall be obliged to remain on board, at the Will of the Captain, until a
proper
Seaſon offers for getting-out, and the Pilot ſhall have 6 Florins, once for
all, for his Time, beſides his victuals.
Ditto Art.37
If any Captain deſires his Ship to be conducted in the Balg the Pilots ſhall
be obliged to carry them for 20 Stivers the Foot for which the ſaid Pilots are to
convey the Ships as far into the Balg as the Captains pleaſe, and as a great
Number of Boats or Barges are commonly employed in going before large Ships,
to found the Coaſt for their Security, there ſhall be paid for each Boat, whether
they have one or more Men in them, the Two-thirds of the Salary of one Florin
per Foot, provided the ſaid Boats ſhall have a Third more, for Ships laden with
Merchandize, as in the Article 24, the Whole, without any Diſpute, on Penalty
of 12 Florins, beſides the Pilotage ; and it is to be underſtood, that when
a Ship in Winter, or in the icy Seaſons, ſhall have been conducted into the
Balg, by Order or Conſent of the Captain, or his Mate, the Pilotage ſhall be
earned, and afterwards a half Pilotage shall be paid for carrying the Veffel
from the Balg to the Vlaak.
Ships which return from the Eaft, from Norway, and the adjacent Parts,
although they had taken and hired a Pilot, on going, even with the Conſent of
the Commiffary, they ſhall nevertheleſs be obliged, on their Arrival before the
Place, to take another to conduct thein through the Openings, and to pay him
the Pilotage upon the Footing of this preſent Ordinance, the which Pilotage
ſhall be parted between the two Pilots; and him that ſhall have been taken to
bring the Ship Mall be free, after he has brought the Ship in the Road of the
Merchants, or Koopvaarders Reed.
Ditto Art.40. Each Pilot Boat, or Galliot, ſhall carry a white Vane or Weather Flag at the
Top of the Maſt in which may plainly be ſeen the Number of 1, 2, 3, 4, 5,
&c. to the Number of Boats that there ſhall be, or elſe the Number Thall be
marked in large Figures of two Foot [quare, with Black Tar, at the Top of
each great Sail of the Boats: And if a Pilot Boat paſſes by a ſmall Ship, without
putting a Pilot aboard her, with the View of going to a larger, the Captain
may declare it, and in this caſe all the Pilots who ſhall have ſo neglected him,
fhall forfeit 25 Florins each; and all who ſhall go to Sea without their Number
marked in their Flag, or in their great Sail, ſhall alſo pay 25 Florins each, and
ſhall be ſuſpended fix Weeks; and thoſe who ſhall have found any one in Fault,
and not declared it to the Officer, ſhall pay the ſame Mulet.
The States, at the Time of making the foregoing Ordinance, for the Pilots
of Huyſduynen, Petten, Calans-oog, Texel, and the adjacent Parts, made another
for the Pilots of Vlieland and Ter Schelling, and the neighbouring Territories,
differing chiefly from the other in the Names of the Places, and ſomething in the
Charges of Pilotage, which I ſhall particularly mention.
Every Captain of a Ship that enters by the Vlie with a Pilot of Ter Schelling
ſhall be obliged to pay 6 Stivers every Time, or more than the ordinary Pilotage,
for the Relief of poor and aged Pilots.
The Pilots shall be obliged to go aboard the Ships at a League beyond the
Flats, and thoſe who only embark on this Side, the firſt, ſecond, third, or fourth
Buoy, ſhall have no more than 15 inſtead of 20 Stivers per Foot; and if any Pilot
having conducted a Ship up the Vlaak, is detained either by bad weather,

Ditto Art 39.

Art. 4.
Art. 6.
ог
OF PİLOT S, &c
141

fhall pay to the Sloot
or the Want of a Boat to carry hiin aſhore, in this Caſe he ſhall have i Florin
per Foot; but if, in Winter Time, the Ship is ſtopped by Ice, the Pilot ſhall
endeavour to carry her into the Ruys ou Sloot, and, having ſecured her there,
he ſhall remain four Days to ſee whether the Weather will change, and, if then
the Ice continues, he has earned his Pilotage, and may quit the Ship, and the
Captain ihall pay him 3 Florins for his Attendance the four Days; and, if the
Captain will detain him yet longer, he ſhall pay 15 Stivers per Foot, beſides his
Proviſions; but if the Captain will abſolutely be carried up the Vlaak, the
Days of Pay ſhall ceaſe on heaving up the Anchor, and the Pilot ſhall be obliged
to conduct him for 15 Stivers the Foot; and we prohibit all others but ſworn
and adınitted Pilots, to undertake the bringing any Ship from Piereveld, by the
Opening of the Vlie, on Penalty of 25 Florins.
All Veſſels coming from the Eaſt, Weſt, from Muſcovy, and the adjacent Art. 7.
Parts, as alſo thoſe from Bergen, Dronthiem, and Nileus, and all Charcoal Vef-
ſels drawing eight Feet Water, which will enter by the Vlie, ſhall be obliged to
take a Pilot to bring them in, although they have taken one at the Sond, or
elſewhere, without leaving the Captains at Liberty to refuſe, or to excuſe
paying the Pilotage; and in caſe of Refuſal, the Pilots may follow the Captains
to the Places they are bound to, to recover the Pilotage and Charge of their
Journey, which ſhall be ſettled at 12 Florins, provided that the Galliots, or
other ſmall Veſſels, which draw no more than four, five, and fix Feet Water,
24 Stivers the Foot, and to this Side of the Vlaak, 34 Sti-
vers the Foot; the Ships coming from Normer, Dronthiem, or from Roomſdaal,
loaden with Iron, Oil, &c, fhall pay as much as thoſe which come from the
Baltick, without Exception; but the Galliots or other Veſſels, which only
draw ten Feet Water, or leſs, coming from l’Eyder, Jutland, or Norway, with
their Ballaſt of Salt, or loaden with Beeves, ſhall
pay 15 Stivers per Foot, if the
Pilots enter them without the Openings, and conduct them to the Sloot, where
they may quit them: But if a Pilot leaves a Ship before he has brought her to
the ſaid Place, he ſhall forfeit 12 Florins; and, if the Captain will keep the Pi-
lots till on this Side the Vlaak, they ſhall pay them 5 Stivers for each Foot
more than the 15: And, in Regard of loaden Ships, it ſhall be regulated, accord-
ing to the 9th Article, except for thoſe who are only in Ballaſt, or thoſe which
are loaded with Wood or Cattle.
Thoſe Veſſels which have one-third of their Cargo ſhall pay Pilotage, as Art. 14. 152
directed in Art. 16. for the Texel; and thoſe coming from the Eaſt and North,
ſhall pay Entrance as underneath, according to the Feet they draw, to be
counted byFeet and half Feet; but the Galliots or ſmall Veſſels coming from the
North, which only draw from four to fix Feet, ſhall be exempt, as in the pre-
ceding Article, viz. in Summer to commence the 1ſt of April
, provided the
Veſſel paſſes the Vlaak that Day, for afterwards the Diſtinction Thall not be
made of the Pilotage of the Summer and Winter, but of the Day that the Ship
paſſes the Vlaak, and not the Day of her Entrance.

Every Sbipor Veſſel which draws
5, 6, 7, 8, to 9 Feet Water
91
F. 12
- I 2 IO
IO
IO
13
14
And the Remainder to 20 Feet.
exactly the ſame as Article 20 in the preceding Ordinance.
And for the Winter's Pilotage to commence from the ift of September, if the
Veſſel paſſes the Vlaak that Day, till the laſt of March.
Every Ship or Veſſel which draws
4, 5, 6, 7, 8, to 9 Feet Water F. 18

91
18 IO
IO
S
101
19 IO
20 5 And the reſt as far as 20 Feet,
Oo
is
142
as
is the ſame and
OF WRECKS, &c.

Articles which I have omitted here, being only Repetitions of the others
quoted before, and as moſt of the Marine Laws in the Northern, and other
Kingdoms where there are any, are taken either from the Sea Laws of Wiſbuy,
or from the Dutch, who have incorporated moſt of the Wilbuy Laws, and
improved upon them, I ſhall not enlarge further on this Subject.
Of Wrecks, Flotſam, Jetſam, and Lagan.
upon the Sea.
Ibid.
Ibid.
3. 6. 2.
F. N.B. 122.
Coke
5
Part.
Fol. 107
Coke 2 Inft.
Fol. 167.
Sir Han, Conv
Fol. 107
Bract. Lib.2.
Cap. 53
WRECK, (in Latin, Wreccum Maris, and in French Wreck de Mer) fig-
Jacob's Law
Dictionary.
nifies in our Law, ſuch Goods as, after a Shipwreck, are caſt upon Land
2 Int. 167. by the Sea, and left there within fome County, for they are not Wrecks ſo
560. 106. a. long as they remain at Sea, in the Juriſdiction of the Admiralty.
560, 106.b. Flotſam, is when a Ship is ſunk, or otherwiſe periſhed, and the Goods float
Jetſam, is when a Ship is in Danger of being loſt, and in order to ſave by
lightening her, fome Goods are caſt into the Sea, notwithſtanding which the
afterwards periſhes.
Lagan, or Ligan, are thoſe heavy Goods which are caſt into the Sea, before a
Bractor.lib. Ship is loft, in order to preſerve them; and that they may be found again
(if Providence permits) a Buoy is generally faſtened to them.
The King ſhall have Flotfam, Jetſam, and Lagan, when the Ship periſheth
46 E. III. or when the Owners of the Goods are not known; but when the Ship does not
periſh, e contra.
A Man may have Flotfam and Jet fam by the King's Grant, and may have
Flotſam within the high and low Water-mark by Preſcription, as it appears by
thole of the Weſt Countries, who preſcribe to have Wreck in the Sea, ſo far
as they may ſee a Humber Barrel.
By the Grant of Wreck will paſs Flotfam, Jet fam, and Lagan, when they
Aalle's Cafe. are caſt upon the Land; but, if they are not caſt upon the Land, the Admiral
Coke 5 Part. hath Juriſdiction, and not the Common Law, and they cannot be called Wreck.
By the Common Law all Wrecks belong to the Crown, and therefore they
are not chargeable with any Cuſtoms, becauſe Goods coming into the Kingdom
by Wreck are not imported by any Body, but caſt afhore by the Wind and Sea :
But it was uſual to ſeize Wrecks to the King's Uſe, only when no Owner could
be found; and, in that Caſe, the Property being in no Man, it in Conſequence
belongs to the King, as Lord of the Narrow Seas.
Weftm. 1.c. Though when a Man, Dog, or Cat, eſcapes alive out of any Ship that is loſt,
neither the Ship, nor any Thing therein, ſhall be adjudgedWreck, but the Goods
ſhall be ſaved and kept a Year and a Day by the Sherif to be reſtored to any
Perſon who can prove a Property in them; and if nobody appears to claim in
that Time, they ihall be forfeited as Wreck; the Year and Day ſhall be accounted
from the Seizure; and, if the Owner of the Goods dies before the Expiration
5 Rep. 106. of that Term, his Executors or Adminiſtrators may make Proof, though, if
the Goods are Bona peritura (periſhable Goods) the Sheriffº may ſell them
within the Year, taking Care he does it to the beſt Advantage, and accounts
for their Product.
The Owners, claiming a Wreck, muſt make ſufficient Proof of their Title
within the Year and Day; and they are to do it by their Marks or Cockets, by
the Cuſtom-houſe Books, or the Teſtimony of reputable Men.
Where Goods are wrecked on Shore, and the Lord of the Manor takes them,
having Power ſo to do, he ſhall not pay Cuſtom, neither by the common Law,
nor by the Statute Law; for by the common Law ſhipwrecked Goods could not
be charged with Cuftoms; for the Wreck being wholly the King's, he could not
have a Čuſtom of what was all his own. Neither by Statute Law, becauſe ſuch
wrecked Goods cannot be ſaid to be brought into the Kingdom as Merchandiſe
for Sale. Hill. 23 and 24 Çar. II.
Enacts, that the sheriff's and Juſtices of thë Peace of every County, or of a
Cap. 18. S. 1. City or Town; and all Mayors, Bailiffs, and other head Officers of Corporations
+
and

4.3 E.I.
2 Inft. 166.
1 2 Anzz
OF WRECKS, &c.
143

and Port Towns near adjoining to the Sea, and all Conſtables, Tithingmen,
and Officers of the Cuſtoms, in all ſuch Places, upon Application to them made
on Behalf of any Commander of a Ship in Danger of being ſtranded, or run on
Shore, ſhall command the Conſtables near the Sea Coaſt where ſuch Ship ſhall
be in Danger, to call together as many Men as ſhall be neceſſary, to the Affift-
ance, and for the Preſervation of ſuch Ship; and if there ſhall be any Ships of
War, or other Ships, lying at Anchor near the Place, the Oficers of the Cuf-
toms, and Conſtables, &c, are to require the Aſſiſtance of the ſuperior Officers
by their Boats, and what Hands they can ſpare : and if ſuch Officers ſhall refuſe
or neglect to aſſiſt, they ſhall be liable to the Penalty of 100l. to be recovered
by the chief Officer of the Ship in Diſtreſs.
No Perſon ſhall enter into ſuch Ships in Diſtreſs, without Leave from the
Commander, or Conſtable, &c. and the Maſters and Conſtables may, by Force,
repel Perſons, who ſhall preſs on board the ſaid Ships without Leave. And if
any Goods are carried off from any ſuch Ship, and found on any Perſon, if they
are not delivered to the Owner on Demand, ſuch Perſon ſhall pay treble the
Value of the Goods, recoverable by the Owner in an action at Law. Alſo, if
any Officer of the Cuſtoms, or his Deputy, abuſe the Truſt repoſed in him by
this Act, and ſhall be convicted thereof, he ſhall forfeit treble Damages to the
Party grieved, and be incapable of any Employment in the Cuſtoms. Perſons
defacing the Marks of any Goods on board ſuch Ship, ſhall make double Satisfac-
tion, or be ſent to the Houſe of Correction to hard Labour for twelve Months.
And for the Encouragement of ſuch Perſons as ſhall give their Afliſtance to s. 2.
ſuch Ships or Vefſels ſo in Diſtreſs, it is further enacted ; that the ſaid Col-
lectors of the Cuſtoms, and the Maſter or commanding Officer of any Ships
or Veſſels, and all others who ſhall act or be employed in the preſerving any ſuch
Ship or Vefſel in Diſtreſs, or their Cargoes ſhall, within thirty Days after the
Service performed, be paid a reaſonableReward for the ſame, by the Commander,
Maſter, or other ſuperior Officer, Mariners, or Owners of the Ship or Veſſel ſo
in Diſtreſs, or by the Merchant, whoſe Ship, Veſſel, or Goods ſhall be ſo faved.
In Default, the Ship or Goods may be detained by the Officer of the Cuſtoms
or his Deputy, till all the Perſons employed in the ſaving the ſaid Ship or
Cargo, ſhall be reaſonably gratified for their Aſſiſtance and Trouble, or good Se-
curity to the Satisfaction of all Parties ſhall be given for the Payment thereof.
If
Difference ariſes touching the Gratuities deſerved by any of the Perſons
ſo employed, the ſaid Maſter or Merchant, and alſo the ſaid Officer of the
Cuſtoms, ſhall nominate three Juſtices of the Peace in the Neighbourhood, who
ſhall thereupon adjuſt the quantum of the Monies or Gratuities to be paid to
the feveral Perſons acting or being employed in the Salvage of the ſaid Ship,
Veſſel, or Goods, and ſuch Adjuſtments ſhall be binding to all Parties, and ſhall
be recoverable in an Action at Law to be brought in any of her Majeſty's Courts
of Record. If no Owner appears to claim the Goods ſaved, they ſhall be
put into the Cuſtody of the chief Officer of the Cuſtoms, and if not claimed in
twelve Months he ſhall ſell them by publick Sale, and tranſmit the Amount
to her Majeſty's Exchequer, there to remain for the Uſe of the Owners. This
Act ſhall be read four Times in the Year, in all the Pariſh Churches and
Chapels of every Sea-port Town, and upon the Sea Coaſt in this Kingdom,
viz. upon the Sunday next before Michaelmas-Day, Chriſtmas-Day, Lady-Day,
and Midſummer-Day, in the Morning immediately after Prayers, and before
the Sermon.
If any Perſon or Perſons ſhall make, or be aſſiſting in the making, any Hole
in the Bottom, Side, or any other Part of any Ship or Veſſel ſo in Diſtreſs as
aforeſaid, or ſhall ſteal any Pump belonging to any ſuch Ship or Veſſel, or ſhall
be aiding or abetting in the ſtealing ſuch Pump, or ſhall wilfully do any Thing
tending
to the immediate Loſs or Deſtruction of ſuch Ship or Veffel, ſuch Per-
fon or Perſons ſhall be, and are hereby made guilty of Felony, without any
Benefit of his, her, or their Clergy. This act was made perpetual by 4 Geo. I.
For the effectual preventing the wilful caſting away, burning, or otherwiſe
deſtroying of Ships, by the Owners, Maſters, and Mariners thereof, and thereto C.12. Sex. 3.
belonging
any
ergy. This act was made po
C. 12.
144
OF WR E C K S, &c.

any
1 Hawk. P.6.
94.
2 Inft. 166.
27 Ed. II.
C. 13
Coke 2 Inft.
167.
and
belonging; it is enacted, that if any Owner of, or Captain, Maſter, Mariner,
or other Officer belonging to any Ship, ſhall wilfully caſt away, burn, or other-
wiſe deſtroy the Ship of which he is Owner, or unto which he belongeth, or in
Manner direct or procure the ſame to be done, to the Prejudice of any Per-
ſon or Perſons that ſhall underwrite any Policy or Policies of Inſurance thereon,
or of any Merchant or Merchants that ſhall load Goods thereon, he ſhall ſuffer
Death. And the 11th of Geo. I. Cap. 19. Sect. 76. after reciting the above
Clauſe, and mentioning that Doubts have ariſen about the Trial and Puniſh-
ment for the faid Offences, enacts, that if the ſaid Offences are committed with-
in the Body of any County in the Realm, they ſhall be tried in the ſame Courts
in ſuch Manner and Form as other Felonies are tried and determined, and if
the ſaid Offences are committed upon the high Seas, they ſhall be tried and ad-
judged by the Admiralty Court.
If a Man has a Grant of Wreck, and Goods are wrecked upon his Lands, and
another taketh them away before Seizure, he may bring an Action of Treſpaſs,
&c. for before they are ſeized, there is no Property gained to make it Felony.
If Goods wrecked are ſeized by Perſons having no Authority, the Owner may
have his Action againſt them; or, if the Wrong-doers are unknown, he may
have a Commiffion to inquire, &c.
Goods loſt by Tempeſt, Piracy, &c. and not by Wreck, if they afterwards
come to Land, ſhall be reſtored to the Owner.
When a Ship is ready to ſink, and all the Men therein, for the Perſervation
of their Lives, quit the Ship, and afterwards fhe periſhes, if any of the Men
are ſaved and come to Land, the Goods are not loſt.
A Ship on the Sea was chaſed by an Enemy; and the Men therein, for the
Security of their Lives, forſook her ; ſhe was afterwards taken by the Enemy,
and ſpoiled of her Goods and Tackle, and then turned adrift ; after this, by
Streſs of Weather, he was caſt on Land, where it happened her Men ſafely
arrived: And it was reſolved that this was no Wreck.
4 Geo. I. Cap. The Act, 12 Ann, St. 2. Cap. 18. ſhall not affect the ancient Juriſdiction
of the Admiralty Court of the Cinque Ports, but the Officers of the ſaid Court
ſhall put the faid Act in Execution, within the Juriſdiction of the Cingue Parts.
In the Year 1753, the following Att paſſed, which having reduced the greateſt
Part of the former Laws into this Act, for the Guidance of Maſters of
Sbips, and other Perſons concerned in Shipping, it is bere inſerted.
The Preamble begins that, Whereas, notwithſtanding the good and falutary
Laws now in being, againſt plundering and deſtroying Veſſels in Diſtreſs, and
againſt taking away ſhipwrecked, loft or ſtranded Goods, many wicked Enor-
mities have been committed, to the Diſgrace of the Nation, and to the griev-
ous Damage of Merchants and Mariners, of our own and other Countries : Be it
enacted, That, if any Perſon or Perſons, ſhall plunder, ſteal, take away, or
deſtroy any Goods or Merchandiſe, or other Effects, from, or belonging to, any
Ship or Veſſel which ſhall be in Diſtreſs, or ſhall be wrecked, loſt, îtranded,
caſt on Shore, in any Part of his Majeſty's Dominions (whether any living
Creature be on board or not) or any of the Furniture, Tackle, Apparel, Pro-
vifion, or any part of ſuch Ship or Veſſel; or ſhall beat, or wound, with Intent
to kill or deſtroy, or ſhall otherwiſe wilfully obſtruct the Eſcape of any Perſon
endeavouring to ſave his or her Life, from fuch Ship or Veſſel, or the Wreck
thereof; or, if any Perſon or Perſons ſhall put out any falſe Light or Lights,
with Intention to bring any Ship or Vefſel into Danger, then ſuch Perſon or
Perſons ſo offending, ſhall be deemed guilty of Felony, and being lawfully
convicted thereof, ſhall ſuffer Death, as in Caſes of Felony, without Benefit
of Clergy.
Provided, that when Goods of ſmall Value ſhall be caſt on Shore, and ſtolen
without Circumſtances of Cruelty or Violence, the Offender on Conviction, be
puniſhed as in Caſes of Petit Larceny.
It ſhall be lawful for any Juſtice of the Peace, upon Information being made
to him on Oath, of any part of the Cargo, or Effects of any Ship, loft or
ſtranded, being unlawfully carried away, and concealed, to iſſue his Warrant
for ſearching any Houſe, &c, as in other caſes of ſtolen Goods: And, if the
fame

J2 S. 2.
26 Geo. II
fter Death, as in
OF WRECKS.
145

.
fame ſhall be found in ſuch Houſe, &c. or in Poſſeſſion of any Perſon not le-
gally authoriſed to keep the ſaine, and the owner of ſuch Houſe, or the Perſon
in whole Cuſtody the lame ſhall be found, ſhall not give an Account to the Sa-
tisfaction of the Juſtice of the Peace, how he came by the Goods, it ſhall be
lawful upon Proof of ſuch Refuſal, and he is required, to commit the Offender
to the Common Gaol for fix Months, or until he thall have paid the Owner
treble the Value of the Things unlawfully detained.
If
any
Perſon ſhall offer to Sale any Effects belonging to any Veſſel loſt as
aforeſaid, and unlawfully taken away, or ſuſpected ſo to have been, it ſhall be
lawful to ſeize, and carry the ſame, or give Notice thereof with all convenient
Speed, to ſome Juſtice of the Peace; and, if the Perſon offering them to Sale,
or foine other Perfon in their Behalf, Mall not appear before the Juſtice within
ten Days after ſuch Seizure, and make out to the Satisfaction of the Juſtice,
his Property in the Goods, or in fome Perſon who employed him, then the Goods
ſhall be delivered for the Uſe of the right Owner, upon Payment of a reaſon-
able Reward for ſuch Seizure, to be aſcertained by the Juſtice, to the Perſon
who feized the fame, and ſuch Juſtice ſhall commit the Offender to the Common
Gaol for ſix Months, or until he ſhall have paid the Owner treble the Value of
the Goods.
In Cale any Perſon, not employed by the Maſter, &c. in the Salvage of any
Vefſel, or the Cargo, &c, fháil,' in the Abſence of Perſons fo employed, fave
any ſuch Ship, Goods, &c. and cauſe the fame to be carried, for the Benefit of
the Owners or Proprietors, into Port, or Place of ſafe Cuſtody, immediately
giving Notice to ſome Juſtice of the Peace, Magiſtrate, Cuſtom-Houſe or Ex-
ciſe Officer, or ſhall diſcover to any Magiſtrate or Officer, where any ſuch Goods
are wrongfully bought, fold, or concealed, ſuch Perſon ſhall be intitled to a
reaſonable Reward, to be paid by the Maſter or Owner of ſuch Veſſel, in like
Manner as Salvage is to be paid, by 12 Anne, intitled, an Act for the preſerv-
ing all ſuch Ships and Goods thereof, which have happened to be forced on
Shore, or ft-anded upon the Coaſt of this Kingdom, or any other of his Ma-
jeſty's Dominions, or elſe in the Manner herein after preſcribed, as the Caſe
For the better aſcertaining the Salvage, and putting the Acts in Execution,
the Juſtice of the Peace, Mayor, Bailiff, Collector of the Cuſtoms, or chief
Conſtable, who ſhall be nearest where any Ship is ſtranded or caſt away, ſhall,
forthwith give Notice for a Meeting of the Sheriffs or his Deputy, the Juſtice
of the Peace, Mayor or other chief Magiſtrate of Towns Corporate, Coroners,
and Commiſſioners of Land-Tax, or any Five or more of them, who are
required and impowered to employ proper Perſons for ſaving Ships in Diſtreſs,
and Ships and Goods as ſhall be ſtranded or caſt away'; and alſo to examine Per-
fons concerning the ſame, or the Salvage thereof, to adjuſt the Quantum of ſuch
Salvage, and diſtribute the fame; in Caſe of Diſagreement, among the Parties:
And, that every Perſon attending and acting at ſuch Meeting, ſhall be
allowed four Shillings a Day, out of the Effects ſaved by their Care and
Direction.
But if the Charges and Rewards for Salvage, directed by the Act 12 Anne,
and by this preſent Act, be not paid or ſecurity given within forty Days, the
Officer of the Cuſtoms concerned in ſuch Salvage, may borrow Money on the
Goods, &c. by Bill of Sale, on ſuch Part of the Goods, &c. as ſhall be ſuf-
ficient, redeemable upon Payment of the principal Sum and Intereſt, at four
per Cent.
And if Oath ſhall be made before any Magiſtrate, lawfully impowered to take
the ſame, of any Theft, and the Examination taken ſhall be delivered to the
Clerk of the Peace, for the County, &c, or his Deputy; or if Oath ſhall
be made of the breaking any Ship, contrary to the AQ, 12 Anné, and
the Examination delivered to the Clerk of the Peace or his Deputy, he
ſhall cauſe the Offender to be profecuted, either in the County where the fact
was committed, or the County adjoining, where any Indictment may be laid
by any other Proſecutor; and if the Fact be committed in Wales, then the Pro
ſecution may be carried on in the next adjoining Engliſh County: The Charge
af

Thall require.
bay, out
directed by the
PP

146
OF SALVAGE,
topointed to
of ſuch Proſecution by the Clerks of the Peace, to be ſettled by the Juſtices at
Seſſion, and paid by the Treaſurer of the County, &c. the Clerk of the Peace,
on Refuſal or Neglect to carry on ſuch Proſecution, to forfeit one hundred
Pounds for every Offence, to any Perſon who ſhall ſue for the ſame.
The Lord Wardens of the Cinque Ports, the Lieutenant of Dover Caſtle, the
Deputy Warden of the Cinque Ports, and the Judges Officiate, and Commiſſary
of 'he Court of Admiralty, of the Cinque Ports, two ancient Towns, and the
Members thereof, for the Time being, and every Perſon appointed by the Lord
Wardens of the Cinque Ports, ſhall put the Acts in Execution within the Juriſ-
diction of the Cingue Ports, two ancient Towns, and their Members, in the
ſame Manner, as the Juſtices, &c. in other places.
If any Perſon appointed to put this Act in Execution, ſhall be wounded in
ſuch Service, ſuch Perſon or Perſons, ſo wounding him, ſhall, upon Trial and
Conviction; at the Affizes or General Gaol Delivery, or at the General or Quar-
ter Seſſions for the County, &c. be tranſported for ſeven Years, to ſome of his
Majeſty's Colonies in America.
A ry Juſtice of the Peace, in the Abſence of the Sheriff, may take ſufficient
Power to repreſs all Violences and enforce the Execution of this Act.
To prevent Confuſion among Perfons aſſembled to ſave any Ship, &c. all Per-
fons ſhall conform to the Orders of the Maſter, or other Officers, or Owners;
put this Act in Execution, in the following Subordination : Firſt, to the Orders
of the Officer of the Cuſtoms, then of the Exciſe, the Sheriff of the County,
or his Deputy, a Juſtice of Peace, the Mayor or chief Magiſtrate of any Cor-
poration, the Coroner, the Commiſſioner of the Land-Tax; then of any Chief
Conftable, Petty Conſtable, or other Peace Officers : And, whoever acts
knowingly,
or wilfully, contrary to ſuch Orders, ſhall forfeit five Pounds, and in Caſe of Non-
payment, be ſent to the Houſe of Correction, for any Time not exceeding
three Months.
Nothing in this Act extends to Scotland.

Of Salvage, Average, or Contribution.
SATO
ALVAGE is an Allowance made for ſaving of a Ship or Goods, or both,
from the Dangers of the Seas, Pirates, or Enemies; it is provided for by
ſeveral English Statutes, many of which have been given under the preceding
Head, as properly relating to Wrecks on Shore and Ships ſtranded on the Coaſts
of England.
We are now to treat of Salvage in general at Sea; and on Foreign Coaſts.
SALVAGE is allowed by all Nations, it being reaſonable that a Man ſhould
be rewarded who hazards his Life, or employs his Time, in the Service of
another ; more eſpecially as without his Aid, the Lives and Property of the Par-
ties in Diſtreſs moſt probably would have been loſt.
The only Difficulty, therefore, that can ariſe on the Subject of Salvage, is,
as to the Proportion of the Sums of Money, or other Gratuities to be allowed;
and where there are no ſtated laws or Cuſtoms to go by, we muft be guided by
the particular Circumſtances of different Caſes. This ſhould be the Line of
Conduct obſerved by Arbitrators. For though great Promiſes may have been
made in the Hour of Danger by the Maſter and Mariners, yet when the Deciſion
comes before a Court of Judicáture, or Arbitrators, they are to guard againſt ex-
orbitant Demands for Salvage, and the Reward muſt be regulated by the Pains
and Trouble the Salvers were put to. Leg. Oleron.
For the Charges of Salvage, very great Allowances have been made to Divers
and Salvers, as the Half, the Third, or the Tenth of the Things ſaved, accord-
ing to the Depth of Water, out of which they were fifhed, whether fifteen,
eight, or one Fathom. Generally, a tenth Part for Salvage on the Coaſt, and a
Fifth for him who, ſaving himſelf, carries ſomething with him, as Gold, Silver,
Jewels, or valuable Papers, which being eaſy of Tranſportation are ſometimes
fayed by the Mariners who eſcape from a Shipwreck,
Wherg

A VER A G E,
&c.
147
Where Things are caſt up by Shipwreck, or left through cafting 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 periſh, and the Goods be ſaved, then the Goods ſhall pay
the Tenth or the Fifth, as the Difficulty of the ſaving thereof fhall require :
and Gold, Silver, Silk, and the like, being of eafy 1 ranſportation, thail pay
leſs than Goods of greater Weight, and more burthenſome for Carriage, which
are in greater Danger. Malines 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 Uſe, in
Caſe, the Quantum of the Salvage is diſputed; they muſt remain as Depofits till
the Conteſt is decided, and muſt then be delivered up to the Owners, upon
Payment of the Sums awarded for the Salvage.
If Goods are abandoned or given up to the Salvers, there can be no Claim
for Salvage ; for Salvage can never exceed the Benefits to be derived from it.
Lord Kaim's Prin. of Equity, P. 373:
Though Effects, recovered from Shipwreck, ſhould afterwards be irrecoverably
loft, yet Salvage muſt be allowed for the Recovery. In like Manner as for a
Ship taken again by an Enemy after a Ranſom or Recapture.
Anchors are the moſt common Things found at Sea; and if they are fiſhed up,
without any Buoy or Cable floating to direct the Salvers, one Half is allowed;
but if there is a Buoy or Cable, then only one third. But as it frequently
happens that Diſputes ariſe concerning the finding of Anchors and Cables; a
Remedy is provided by Stat. 3 Geo. I. C. 13. S. 6. The Lord Warden of the Cinque
Ports ſhall nominate, under his Hand and Seal, three or more Perſons in each of
the Cinque Ports, two ancient Towns, and their Members, to adjuit any Diffe-
rence relating to Salvage, between the Maſter of any Ship that has in bad Wea-
ther been forced from her Anchor and Cable, and the Perſons bringing them
on Shore: And if any Vefſel be forced from her Cables and Anchors by Extre-
mity of Weather, and leave the ſame in any Roads within the Juriſdiction of
the Cinque Ports, and the Salvage cannot be adjuſted between the Perſons con-
cerned; the fame ſhall be determined in twelve Hours by any one or more of
the Perſons appointed as aforeſaid.
The Maſter and Seamens wearing Apparel are always excepted from the Allow-
ance of Salvage.
If a Ship is found adrift at Sea, having been abandoned by the Maſter and
Crew, the Allowance for Salyage will be much more than if any Perſon had
been found on board.
Caſe: An outward bound Dutch Eaſt-Indiaman ſtruck upon the Sands off the
Port of Dunkirk ; the Maſter and his Crew, imagining ſhe would go to Pieces, as
it blew a hard Gale, too haſtily abandoned her, and made the beſt of their way in
their Boats to Oftend, the Surf not admitting of their making the Harbour of
Dunkirk. Two Days after, a Paſſage-Boat belonging to Dover found the Ship
adrift, having worked herſelf off with the Tides, and brought her ſafe into
Dunkirk. The Maſter ſoon arrived there, and diſputed the Quantum 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 aſcertain the Rate of Salvage, may be
determined by the Policy of Inſurance, if there is no Reaſon to ſuſpect the is
undervalued, the fame Rule may be obſerved with Reſpect to Goods, where there
are Policies of Inſurance upon them. Where this is not the caſe, the Salvers
have a Right to inſiſt upon Proof of the real Value, which may be done by the
Merchants Invoices, and they muſt be paid accordingly.
Average and CONTRIBUTION are ſynonymous Terms in Marine Caſes, and
ſignify a mean Proportion of Loſs between the Owners of Goods thrown over-
board in a Storm (in Order to preſerve the Remainder, with the Ship, and Lives
of the Men) and the Proprietors of thoſe that are ſaved, and of the Veſſel.
And as Ships in their Voyages are expoſed to Storms, and often ſaved from
periſhing, by caſting Goods overboard to lighten them, it has, therefore, been
always allowed, and is juſtified both by Law and Cuſtom, and in Caſe of immi-
nent Danger, any thing may be thrown away to evade it, Though as heavy Goods
feem
Maria
148
OF SAL VA G'E,

be in Conſequence of a Conſultation, held with his Officers and Sailors, to
feem moſt likely to anſwer the Purpoſe, and are generally leaſt in Value, they
ſhould be firſt deſtined to Deſtruction.
However, to make this Action legal, the three following eſſential Cafes ought
to concur:
Iſt. The Ship muſt be in evident Hazard of perithing, with her Cargo and
Crew.
2d. The Reſolution the Captain takes on this melancholy Occaſion, ſhould
endeavour to fave themſelves, Ship, and Cargo, either by throwing fome Goods
overboard, or by cutting ſome of the Mafts, &c. away, and by occafioning
theſe extraordinary Expences ſtrive to ſecure the Remainder for the Proprietors
Benefit.
3d. That the Ship and Cargo, or the Part of them that are ſaved, has been
ſaved by that Means uſed, with that fole View.
Agreeable to theſe three Axioms, it muſt be concluded, that all the Expence
and Loſſes, which are thus voluntarily made to prevent a total one of Ship and
Cargo, ought to be equally borne, by the Ship, and her remaining Lading. And
this is called general or groſs Average.
But what is broken or lost by a Storm, as Anchors, Cables, Maſts, Sails, Cordage,
&c. is not to be comprehended in grofs Averages, becauſe the Tempeſt only
was the Occaſion of this Loſs, and it was not made by the Deliberation of the
Maſter, and his Crew, with the View to ſave the Ship and Lading, though on
the contrary, if after Advice taken by the Company, or major Part of them,
the Captain cuts away, or abandons any Thing of the Ship or Cargo, with a
View to prevent a greater Misfortune, all that is ſo cut away, &c. muſt be
brought into a general Average.
If the Ship happily out-weathers the Storm, and arrives in Safety at her
deſtined Port, the Captain muſt make his regular Proteſts, and beſide, jointly
with the major Part of his Crew, muſt ſwear, that the Goods were caſt over-
board for no other Cauſe, but purely for the Safety of Ship and Lading; and the
Method of elucidating and clearing up this Point varies according to the ſeveral
Countries, and Places they arrive at.
The Ship arriving in Safety, thoſe Goods ſhe brings with her, muſt come into
a general Average, and not only thoſe that pay Freight, but all that have been
ſaved and preſerved by ſuch Ejection, even Money, Jewels, Clothes, &c.
But a Man's Apparel in Uſe, and Victuals, &c. put aboard to be ſpent, are
totally excluded from the Contribution.
The Loſs of Anchors, Mafts, and Rigging, occaſioned by common Accidents
at Sea: TheDamages which happen to Merchandize by Storms, Capture, or
Shipwreck, wet or rotting (not owing to any Neglect of the Maſter) are Loſſes
to be borne by, and the Expences paid by the thing that ſuffered the Damage.
And this is called ſimple or particular Average.
Job Locinius. In the rating of Goods by Way of Contribution, this Order uſed to be always,
42 C. de obſerved, viz. If they are caſt overboard before half the Voyage be performed,
ble Contribut. then they are to be eſteemed at the Price they coſt; and if after, then at the
Price as the reſt, or the like Sorts, ſhall be ſold at the Place of Diſcharge; and
this Regulation continues ſtill in France and Holland though here and elſewhere
the Loſt and the Saved are ſometimes eſtimated as the latter ſell for.
Leg. Navise.
The Owner of the Goods that have been thus ejected, or his Factor, ſhould
ad Leg Rhod. take Care to have the Loſs valued before the Ship’s Diſcharge, in which the
ad Venius's Maſter ought to affiſt, and ſettle all Averages before he unloads.
And it is not only the Goods that are thrown over that muſt come into the
Average, but thoſe alſo which ſhall have received any Damage, by the Action
of the others Ejectment, by Wet, &c.
In ſtating an Average on Goods, Regard ſhould be had to what Deductions
ought to be made from the Invoice amount, covered for Draw-backs, Bounties,
and other Allowance at the Cuſtom-Houſe on Exportation: Alſo for Diſcounts,
and Abatements of Duties, &c. on Importation ; and for prompt Payment on
Sales, together with the uſual Leakage, Waſtage, &c. It ſhould likewiſe be
conſidered
Comment.
2
A VERA GE, &c.
149

verf. Tooker.
Ditto.
Ditto.
conſidered whether the damaged Goods, (although the whole of the Goods
which were loaded may be delivered) are increaſed or diminiſhed in Weight or
Quantity by Means of the Sea Water, as Hemp, Sugar, &c. The true Weight
or Quantities, as ſhipped and landed, ſhould be diſcovered and compared ; and
the ſeveral Differences of Qualities attended to, particularly in large Parcels or
Cargoes of Goods of the fame Denomination, in order to find on which
Qualities the Damages may have happened: for unleſs all theſe Circumſtances
be adverted to as the Caſe may require, the Average will be ſtated erronecully
Wefkett. Digeſt of Laws of Inſurance.
Average is to be allowed as often as it happens, either once or oftner although
the Ship afterwards ſhould be loſt in the fame Voyage. Ord. of Copenh.
If Goods ſhipped in England are in Tempeſt thrown overboard, in Order to 2 Rolls's Rep.
preſerve the Veffel and Crew, and theſe Goods are taken up and preſerved by 498. Caps
another Engliſh Ship, the Owners bringing Trover, it lies, becauſe delivered
upon the Land.
It is lawful for Perſons to caſt Goods overboard, out of a Ferry-Boat, in Caſe 12 Coke 63
of
a Tempeſt, to preſerve their Lives ; but if the Ferryman ſurcharge the Boat 2 Bulſtr. 280.
with Goods, the Owners of them ſhall have their Remedy againſt him, but not
otherwiſe.
So if an Ejection of Goods from any Ship is occafioned by the Indiſcretion of
the Maſter's lading her above the Birth-Mark, it is cuſtomary in ſuch Caſes, by
the Marine Laws, to have no Contribution made, but Satisfaction is due from
the Ship, Maſters, or Owners. Luft. Sernus. S. 27 & Si. 23. ad Leg. Aquil.
And as this Law doth take Care, that ſuch cominon Calamities ſhall be borne
by all the intereſted Parties, by a general Contribution, ſo the Common-Law
takes Notice of the Misfortunes, and makes Proviſions for the Maſter's Indemni-
fication; and therefore if the Owner of ſuch ejected Goods, ſhall bring an Ac- Birdv. Affoct.
tion againſt the Maſter or the owner of the Veſſel, the Defendant may plead the
Special Matter, and the ſame ſhall bar the Plaintiff.
As the Common Law looks upon the Goods or Cargo as a Pawn or Pledge for
Ad. Leg Rho.
the Freight, ſo the Marine Law looks upon them likewiſe as a Security for an- L. 2.
fwering any Average or Contribution, and that the Maſter ought not to deliver
them (as above) till the Contribution is ſettled, they being tacitly obliged for the
One as well as the other.
If a Lighter, Skiff, or the Ship’s Boat, into which Part of the Cargo is unladen F. de Leg.
to lighten the Ship, periſh, and the Ship be preſerved, in that Cafe Contribution Rhod. Leg.
is to be made ; but if the Ship be caſt away, and the Lighter, Boat, or Skiff, be Leg. Navis
.
preſerved, there no Contribution or Average is to be had, it being a Rule no ad teg. Rhod.
Contribution but where the Ships arrive in Safety
If a Ship be taken by Enemies or Pirates, and the Maſter to redeem her and Leg. Rhod. de
Cargo promiſes a certain Sum of Money, for Performance whereof he becomes a Jatu.L.2.Si.
Pledge or Captive in the Hands of the Captor ; in this
caſe, he is to be redeemed Navis a Pira-
at the Expence of the Ship, Lading, and Money (if any on board) all being
obliged to contribute for his Ranſom, according to each Man's Intereſt
.
So where a Pirate takes Part of the Goods to ſpare the reſt, Contribution muſt Moor. F. 297.
But if a Pirate takes by Violence Part of the Goods, the reſt are not ſubject
lington.
to groſs Average, unleſs the Merchant hath made an expreſs Agreement to pay
it after the Ship is robbed.
Though if Part of the Goods are taken by an Enemy, or by Letters of Grot. de In-
Marque and Reprizal, e contra.
In ſettling a groſs Average, an Eftimate muſt be made of all the Gooods loſt
Pekeus ad Leg.
and ſaved, as well as of what the Maſter ſhall have facrificed of the Ship’s Rhod. de Jae-
Appurtenances to her Preſervation, and that of her Cargo; and if any Thing 197, 198
fung into the Sea, is again recovered, Contribution is only to be made for the
Damage it ſhall have received.
The Pilot's Fee that brought the Ship into a Port or Haven, for her Safeguard
(it being not the Place the was deſigned for) muſt be contributed to, as the rail-
ing her from the Ground muſt be, when there is no Fault in the Maſter.
de Jactu.
Moor, 297
be paid.
inite fake. Part of the Good to pare che nelle relaire ne
Plt. 443
Hicks v. Pa-
trod. Jur.
Holl. P. 29.
,
Qq
If
150
&c.
OF SALVAGE,
Grot de Intro.
Jur, Holl.
329. Venius
Fol. 236.
p. 279
Ditto.
Mr.
Countries
If a Maſter of a Ship lets her out to Freight, and in Conſequence thereof
receives his Loading, and afterwards takes in ſome Goods, without Leave of his
and Peckeus. Freighters, and on a Storm ariſing at Sea, Part of his Freighters' Goods are
Com. on the thrown overboard, the Remainder are not ſubject to an Average, but the Maiter
muſt make good the Loſs out of his own Purſe.
If a Ship is taken by Force and carried into fome Port, and the Crew remains
Ze Negoce de on board to take Care of, and reclaim her, not only the Charges of ſuch re-
Amſterdam, claiming ſhall be brought into a general Average, but the Wages and Expences
of the Ship’s Company during her Arreſt, and from the Time of her Capture
and being diſturbed in her Voyage.
But the Sailors Wages, &c. of a Ship detained in Port by Order of State,
fhall not be brought into an Average, and the Reaſon affigned for it is, that in
And he from the preceding Caſe, the Crew remained aboard to take care of the Veſſel,
Adrian whilſt they were endeavouring to reclaim her, and theſe Charges were occaſioned
Verver on the with the ſole View of preſerving the Ship and Cargo for their Proprietors; but
of the Low in this latter Cafe, there was no Room for ſuch a Pretence, as the embargoing
Sovereign would not have either Ship or Cargo, but only hinder their Departure
for ſome political Reaſons, wherefore it could not be ſaid, that the Ship’s Com-
pany remained on board to prevent an entire Loſs; the only Motives to be
offered for an Average.
Nevertheleſs, it ſeems that both Reaſon and Juſtice require that the Expence
and Wages of a Ship’s Company, detained in Port by a Prince's Order, ſhould
be brought into a general Average ; for if, on one side, the Merchants who have
loaded her, are conſiderable Sufferers by the Delay, in the Arrival of their Goods
at the deſtined Ports, the Owners of the Ship are not leſs fo, more eſpecially if
the Crew is large, and the Detention long; and thoſe who drew up the Ordi-
nance of Lewis XIV. very well perceived in Part, that to oblige the Owners of
a Veſſel ſo detained, to ſupport the whole Expence, would be a great Hardſhip
and Injuſtice, as the VIIth Article of the ſaid Ordinance (under the Title of
Averages) expreſſes in direct Terms, viz. The Food and Wages of Sailors, belong-
ing to a ship embargoed by an Order of State, ſhall be alſo reputed as Part of general
Averages, if she is bired by the Month; but if ſhe is freighted by the Voyage,
they ſhall be borne by her alone.
From whence, I think it ought to be concluded, that although a Ship freighted
by the Month or Voyage, is only mentioned in the foregoing, yet when the
Proprietors of a Vefſel hire her Crew by the Month, they have a Right to bring
the Expence and Wages of their Sailors into an Average, for the whole Time
that the Ship ſhall be detained; though, on the contrary, they cannot juſtly
pretend to bring the Expence of the Mariners into an Average, when they are
hired for the Voyage, as the Expence only is always the ſame, whether they be
hired for the Month or Voyage, and being occaſioned by the Will of the Sove-
reign who laid the Embargo, I do not ſee that there ought to be any Diſtinction,
unleſs there were fome Goods aboard, which were the Cauſe of her Arreſt, for
in this Caſe it would be reaſonable, that the faid Merchandiſes ſhould
pay
the
whole Expence.
Though it muſt be noted, the Charcu gf unloading a Ship, to get her into
a River or Port, ought not to be brought into a general Average, but when
occaſioned by an indiſpenſable Neceſſity to prevent the Loſs of Ship and Cargo;
as when a Ship is forced by a Storm to enter a Port to repair the Damage the
has ſuffered, if ſhe cannot continue her Voyage without an apparent Riſque of
being loſt; in which Caſe, the Wages and Victuals of the Crew are brought
into an Average from the Day it was reſolved to ſeek a Port to refit the Veſſel,
to the Day of her Departure from it, with all the Charges of unloading and
reloading, Anchorage, Pilotage, and every other Due and Expence, occaſioned
by this Neceſſity.
The Maſter of a Ship, who is obliged from the aforeſaid Motives, to cut
away, or throw overboard, any of his Maſts, Rigging, &c. has a privileged
Hypothecation, and the Right of Detention of the Goods he ſhall carry to
3
their





OF PORTS, &c.
151
their deftined Port, till they contribute to a general Average ; and it is to be
obſerved, that Goods caſt overboard to lighten the Ship, make no Derelict.
Having now gone through what I thought neceſſary to offer on the Sub-
ject of general and particular Averages, I ſhall juſt mention a Word or two, of
what we term Petty Average, being a finall Ďuty joined to Primage, which
Cuſtom has made a Maſter's Perquiſite, extra of the Freight, and is com-
monly here 5 per Cent, as it has been ſettled in France and Holland, &c. though
10 per cent, is commonly paid in the latter, notwithſtanding two publick Edicts
which limit it, as aforeſaid, to half the Sum : The Origin of it was, an Al-
lowance made to Maſters of Veſſels for ſundry petty Expences, to which the
Loading was obliged to contribute, but has been, for forne Years paſt, tranf-
muted to the Terms aforeſaid; and I ſhall not now enlarge on this Subject of
Averages, but refer my Reader to what I ſhall have Occaſion to ſay more about
them, under the Title of Inſurance; in the mean Time, I ſhall content myſelf with
the Quotations offered, in Hopes I have neither exceeded nor fallen ſhort of my
Lector's Expectations, in my treating this extenſive Theme, which of itſelf would
furniſh fufficient Matter for an entire Volume.

Of Ports, Havens, Lighthouſes, and Sea Marks.
Port, Harbour, or Haven, is a place where Ships may ſhelter from bad
A Weather, and where Cuſtomhouſes are appointed to ſuperviſe their load-
ing and unloading; theſe in England have many Members and Creeks
belonging to them, which are diftinguiſhed as follows, viz.
Members, are thoſe Places, where anciently a Cuſtomhouſe hath been kept,
and where Officers or their Deputies attend, as they are lawful Places of Ex-
portation or Importation.
Creeks, are.Places where commonly Officers are, or have been placed, by
Way of Prevention, not out of Duty or Right of Attendance, and are not
lawful Places of Exportation or Importation, without a particular Licence or
Sufferance, from the Port or Member under which it is placed.


The ſeveral licenſed Ports for loading and landing of Goods, with their Depena
dences, as they now account at the Cuſtomhouſe, are, viz.
money was
Ports,
Members,
Creeks,
London
Malden
Graveſend
Leigh
Burnham
Weſt Merſey
Eaſt Merley
Brickly
Wivenboe
Maningtree.

Ipſwich
Colcheſter
(Harwich
Woodbrige
Aldborough
Southwold
Yarmouth
Orford
Dunwich
Walderfwiſch
Leoftoffe
(Blackney and Cley
Wells cum Burnham
Wiſbech
Lynn Regis
ŞHitcham
Croſs Keys
Spalding
Foſdick
Wainfleet
Numby Chapel
Thetlethorp
Saltfleet
Boſton
Hull
152
OF POR TS,
&c.
Members.
Ports:
Creeks:
1
1
Grimſby
Gainthorp
Hulle
Bridlingten
Scarborough
[Whitby
Stockton
Middleborough
Hartlepool
Newcaſtle upon Tynex Sunderland
Shields
Seaton Sluice.
{Blith Nooke
ſ Aylemouth
Dito ni Warnewater sier
v | Holy Iſland
Berwick
3 Eaſt Marches; containing the
Coaſt
of Northumberland,
i bordering on Scotland
West Marches, containing the
Coaſt of Cumberland, border-
ing on Scotland
Carliſle
es Workington
vooral
Whitehaven DHARavinglaſs
Milnthorpen
Lancaſter
$ Pyte of Fowdery
Graunge
10-Poulton 3 25
as SWyrewater
Preſton and Rible Water
mario prop Sankey Bridge
Liverpoole iyi.I 10 vo Fradſham to
to
one
South Shore of the River of
Merſey to the Red Stones
Hilbree
Cheſter
Dawpools
Nefton
Burton-head


I
1
. | Bagbill
Moftin
Amlogh
Barmouth
Aberconway
Beaumaris
Caernarvon
Conway
Holybead
i Pulhelly
Aberdovy
Cardigan
Milford
Pembroke
s tobus 1
U
Swarzej. 111?
Aberuſtab
Newport som
{
Fiſcard
Haverford West
Tenby
Carmarthens
Lanelt by
North Burrys
f South Burrys
Neath or Briton Ferry.onest
Newton
Abertham
Penarth
Newport
Chepſtow
ŞRiver Severn from Bridgenorth
2 to King Road
Briſtol
Cardiff
Sine 27
1
1
VORT
Glouceſter
1
2
OF PORTS, &c.
153
Ports.
Briſtol
Bridgewater
Plymouth
Exeter
1
Members.
Creeks.
SPill
2Upbill
Minehead
(Padſtow
St. Ives
Penzance
Gweek
Falmouth
St. Maures
Fowey
Lowe
Penryn
Truro
Salta
Ilfracomb
Stonehouſe
Coufland
Barnſtaple
SClovelly
Biddleford
2 Appledore
Timcomb
Starcroſs
Bear and Seaton
Toplam
Pouldram
Sydmouth
Lympfon
Exmouth
í Plymouth
Saltcomb
Brixham
Dartmouth
Torbay
Totneſs
s Bridport
Lyme Regis
Charmouth
Portland
Weymouth
Lulworth
S Swanidge
Wareham
ŞChrijt-church
Lymington
Srarmouth
Cowes
Newport
Em/worth
Arundel
ŞPagham Point
Selley
Shoreham
Bright belmftone
New Haven
Lewes
2 Seaford
* Pemſey
Haſtings
Winchelſea
Lyd
Rumney
Hyth
I Dover
Ramſgate
Margate
Whitſtable
Deal
Fever
ham
Milton
Rocheſter
Queenborough
Rr

Poole


1
1
Southampton
Portſmouth
r
Chicheſter
Rye
Sandwich
Note
154
OF PORTS, &c.
Godholt 260,
261.
Note, All the Ports and Havens in England are infra Corpus Comitatus, and
the Court of Admiralty cannot hold Juriſdiction of any Thing done in them.
Holland's Cafe, Earl of Exeter, 30 Ă. VI. And, becauſe he held Plea in the
Admiralty of a Thing done infra portum de Hull, Damages were recovered
againſt him, two Thouſand Pounds.
And the Port of London being of great Importance, in Regard of the Cuſtoms,
the Limits of it have been ſettled by the Exchequer, and declared to extend, and
to be accounted, from the Promontory, or Point, called North-Foreland, in the
Ille of Thanet, and from thence Northward, in a ſuppoſed Line to the oppoſite
Promontory, or Point, called the Naſe, beyond the Gun-fleet, upon the coaſt of
Eſſex, and continued Weſtward, through the River of Thames, and the feveral
Channels, Streams, and Rivers falling into it, to London Bridge, ſave the uſual
and known Rights, Liberty, and Privilege to the Ports of Sandwich and Ipf-
wich, and either of them, and the known Members thereof, and of the Cuſto-
mers, Comptrollers, Searchers, and other Deputies, within the ſaid Ports of
Sandwich and Ipſwich, and the ſeveral Creeks, Harbours, and Havens, to them,
or either of them, reſpectively belonging, within the Counties of Kent or Eſſex.
This Account of Ports, c. might have been omitted till I came to treat of
the Cuſtoms; but, as I thought it more properly introduced here, I have inſerted
it, and ſhall ſubjoin an Abſtract of the Laws in Force concerning them. For
though it is probable few or none of my Readers may be intereſted in the Trade
of them all, yet, that every one may meet the Information he may occaſionally
want, I ſhall briefly mention what has been publickly enacted, for their Eſta-
bliſhment and Preſervation.
8 Will. III.
BURLINGTON.
From the firſt of May, 1697, until the iſt of May, 1704, the Duties herein-
C. 29. 6.1. mentioned ſhall be paid for the repairing the Port or Pier of Burlington, viz. one
Farthing for every Chaldron of Coals, loaden on board any Veſſel at the Port of
Newcaſtle, or at Sunderland, Blythe, Seaton, Sluce, or any other Member of the
Port of Newcaſtle, which ſhall be paid to Arthur, Lord Viſcount Irvin, &c.
Ditto, S. 4. All Monies raiſed for the Duties aforeſaid, &c. ſhall be by the Commiſſioners
applied to the repairing the faid Port or Pier of Burlington, &c.
Continued by i Geo. I. Cap. 49. 5 Geo. 1. Cap. 80. for twenty-five Years, from
the 24th of June, 1730, and 26 Geo. II. for twenty-five Years, from the
24th of June.
By this Act, Veſſels belonging to Great Yarmouth in Norfolk are exempted
from this Duty, the Maſters having a Certificate, upon Oath, before the Mayor
of Yarmouth, that the Owners of ſuch Veſſel, or the greateſt Part, are Inhabitants
of that Town.
u Will. ij.
C.5. S. 1.
D O V E R.
From the 1ſt of May, 1700, to the iſt of May, 1709, there ſhall be paid by
the Maſter of every Engliſh Ship, of the Burden of twenty Tons, and not exceed-
ing three Hundred Tons, for every Loading and Diſcharging within this Realm,
from, to, or by Dover, or coming into the Harbour there, not having a Cocket
teſtifying his Payment before that Voyage, towards the Repair of Dover Harbour,
3d. for every Ton, and of the Aliens Ships, of the Burden aforeſaid, the like
Sum (excepting Ships loaden with Coals, Grindſtones, or Purbeck or Portland
Stones) and for every Chaldron of Sea Coals, or Ton of Grindſtones, one Penny
Half-penny; the fame to be paid to the Cuſtomer or Collector of the Cuſtoms,
in ſuch Port, whence ſuch Ship ſhall ſet forth, or where ſuch Ship ſhall arrive,
before they load or unload ; the Account of the Number of Tons to be made
according to the Entry of the Goods of every Ship in the Cuſtom-Houſe, and no
Entry of the Goods to be allowed without Information made on Oath by the
Maſter, containing the Burden thereof, and Payment made of the Sums afore-
ſaid; of which Payment the Maſter ſhall have Allowance of the Merchants, ac-
cording to the Rates of the Goods, by Way of Average, &c.
Provided


4
OF PORTS, &c.
155
Provided that no Coaſter or Fiſherman ſhall pay the Duty oftener than once Ditto, S. 2.
in one Year,
Ships belonging to Weymouth and Melcomb Regis, and Lyme Regis; ſhall be Ditto, S. 8.
exempted from paying to the Harbour of Dover, ſo as they bring a Certificate
upon Oath before the Mayor, under the common Seal of the ſaid Corporations,
that the Ships belong thereto, and the Inhabitants of the ſaid Corporations are
Owners of the major part of ſuch Ships.
All Ships Engliſh built, and manned according to the Act of Navigation, Ditto, S. 9.
belonging to Great Yarmouth, ſhall be exempt from paying the faid Duties, if
the Maſter produces a Certificate as above, &c.
Ships belonging to Ramſgate, in the Ife of Thanet, ſhall be exempted from Ditto, S. 10.
paying to Dover Harbour, bringing a Certificate as before, &c.
Every Ship that ſhall go through the Gates of the Works of the Harbour,
Thall, before ſhe go into into the Gates, take down her fails, ſo that ſhe may not
go ſailing in, upon Pain that every Captain of ſuch Ship, fo failing in, ſhall
forfeit to the Wardens and Aſſiſtants of the Harbour, ten ſhillings, for the Uſe
of the Habour, to be recovered by Action of Debt, &c.
Continued by 2 Anne, Cap. 7. 4 Geo. I. Cap. 13. and 9 Geo. I. Cap: 30.
to the firſt of May, 1744. Further continued for twenty-one Years by II
Geo. II. Cap. 7. This Act further continued for 21 Years, by 31 Geo. II.

12 Will. III.
MIN E H E A D.
From the 24th of June, 1701, for one and twenty Years, there ſhall be paid
(beſides the ancient Acknowledgments accuſtomed to be paid to Tregonwell Lut- C. 9. 8. 1.
trell, Eſq; and his Anceſtors) for Goods imported or exported, into, or out
of, the Port of Minehead, the Duties following, viz. ſuch Sum of Money, not
exceeding one Halfpenny per Stone for Wool, and one Penny per Stone for
Woollen and Bay Yarn imported as the Truſtees hereafter appointed thall appoint;
each Stone to contain eighteen Pounds, the Duties to be paid by the Perſon
into whoſe Poſſeſſion, or by whoſe Order, the Goods ſhall be delivered ; and
the Wool imported ſhall be weighed at the Town-Hall, according to Cuſtom;
and for every Ton of all other Goods there ſhall be paid 6d. per Ton, by every
Maſter of a Ship that ſhall take on board or land any Goods in the Port of Mine-
bead.
For every Ship which ſhall come into the Harbour (the ſaid Port not being Ditto, S. 2.
their diſcharging Port) there ſhall be paid by the Maſter the Tonnage and Keel-
age following, viz. for every Ship uſing the coaſting Trade, of thirty Tons,
and not amounting to fifty Tons, is, and of fifty Tons and upwards 25. and for
every Ship of thirty Tons, and not amounting to fifty, trading to other Parts of
Europe, or to his Majeſty's Plantations in America, 25. 6d. and of fifty Tons,
and upwards 5s. and for every Ship of thirty Tons, and not amounting to fifty
Tons, and trading to any Place in Aſia, Africa, or America (other than his
Majeſty's Plantations) 5s. and of fifty Tons ios. and the Maſter paying the ſaid
Keelage ſhall have Allowance for the ſame, of the Merchants, by Average.
All Money raiſed by the Duties, and recovered for the Forfeitures, &c. ſhall Ditto, S. 8.
be by the Truſtees applied to the Building out a new Head, clearing the Beach,
and other Works for maintaining the Pier and Harbour, &c.
After the ſaid Term, ſo long as the Harbour ſhall be kept up, there ſhall be Ditto, S. 11:
paid to the Lord of the Manor of Minehead, the Duties following, for Goods
imported, for the Maintenance of the new Head and other Works, viz. for
every twenty Stones of Wool, id. for every twenty Stones of Wpollen and Bay
Yarn 2d. for every Ton of Salt 2d. for every Quarter of Corn 2d. for every
Chaldron of Coals 2d.
Continued by 10 Anne, Cap, 24, for fixteen Years, and by ni Geo. II. Cap. 8.
from the 24th of June, 1738, for forty Years.


W H I T BY.
From the firſt of May, 1702, for nine Years, there ſhall be paid unto the 1 Anne Stat.
Truſtees herein natned, viz. the Lord of the Manor, Ralph Boys, and others C. 19.814.
for
156
OF PORTS, &c.

Ditto, S. 2.
for re-building the Piers of the Port of Whitby, by the Owners of every Ship
that ſhall load Coals at the Port of Newcaſtle, or at Sunderland, Blithe, Seaton,
Sluice, or any other Member of the ſaid Port, one Farthing per Chaldron, and
for all the Coals landed within the Port of Whitby, for every Chaldron, Town
Meaſure, 6d. and for every Ton Weight of Salt, landed at the Port of Whitby,
25. and for every Quarter of Malt, Corn, and Grain, 4d. and for all foreign
Goods imported in Engliſh Bottoms, 3d. per Ton; and all foreign Bottoms
importing ſuch Goods, 6d. per Ton; and for all Butter ſhipped off from Whitby,
Id. per Firkin; for all dried Fiſh and Mud Fiſh, ſhipped off from Whitby, id.
per Score ; for all barrelled Fiſh ſo thipped off, per Barrel, 3d. Every En-
gliſh Ship, which ſhall enter within the Piers, ſhall pay is. and for every Top
of ſuch Ship 4d. and all foreign Ships 25. and for every Top of ſuch Ship 4d.
&c.
All Money received by Virtue of this Act ſhall be employed for the Re-build-
ing and Repairing the ſaid Piers, except the Charge of collecting, &c.
Ditto, S. 7.
If the Duties Thall raiſe 6000l. over and above the Charge of collecting and
Intereſt, the Duty of one Farthing per Chaldron upon Coals ſhall ceaſe.
Ditto, S. 11. All Ships Engliſh built, and manned according to the Act of Navigation,
belonging to Great Yarmouth, ſhall be free from the ſaid Duty of one Farthing
per Chaldron ; ſo as the Maſter of ſuch Ship, or ſome Mariner on his Behalf,
produce a Certificate made upon Oath before the Bailiffs of Yarmouth, that ſuch
Ship does belong to Yarmouth, and that the Inhabitants thereof are Owners of
the major part of ſuch Ship.
Continued until the iſt of May, 1723, by 7 Anne, and by 7 Geo. I. the Du-
ties before granted (except the ſaid Duty of one Farthing per Chaldron) were
made perpetual ; and by 8 Geo. II. it was enacted, that from and after the iſt
of Yune, 1735, the faid Duty of one Farthing per Chaldron by i Anne, ſhould
be revived for the Term of thirty-one Years, to commence from the 1ſt of
June, 1735. And to rebuild or repair the Eaſt and Weſt Piers of the ſaid Har-
bour, an additional Duty of a Farthing per Chaldron is granted by 23 Geo. II.
P. 667, to be paid from and after the ift of June, 1750, for 31 Years, by all
Veſſels loading or ſhipping Coals at the Port of Newcaſtle upon Tyne, or at
Sunderland, Blythe, Seaton, Sluice, Cullercoats, or any other Harbour, Colliery,
or Place, reputed a Member of the Port of Newcaſtle, &c.

PAR TO N.
S. 1.
n Geo. I. C.
16.S. I.
4 Ann, C. 18. During the Term of eleven Years, there ſhall be paid unto the Truſtees named
in the Act for the Enlarging and Repairing the Pier and Harbour of Parton in
Cumberland, by every Coal Owner that ſhall put Coals on board any Veſſel there,
2d. for every 192 Gallons of Coals, within ten Days after ſuch Coals are ſhip-
ped ; and by every Maſter of every Ship that ſhall load Coals there ad. for every
192 Gallons; and, after the Expiration of the ſaid eleven Years, one Farthing
for every 192 Gallons, to be paid by the Maſter of the Ship, before each Ship
goes out of the Harbour.
Ditto, S. 4. All ſuch Money ſhall be employed for the Enlarging, Repairing, and Cleanſing
the Harbour, &c.
The Duties upon Coals granted by 4 Anne, Cap. 18. for enlarging the Pier
and Harbour of Parton, in the County of Cumberland, ſhall be continued from the
firſt of May, 1725, for fifteen Years.
The perpetual Duty of one Farthing, granted by the ſaid Act, ſhall ceaſe;
and, in Lieu thereof, every Maſter of a ship ſhall, for fifteen Years, pay one
Halfpenny for every 192 Gallons of Coals, which ſhall be laden on board ſuch
Ship within the ſaid Harbour.
There ſhall be paid for all Goods herein after mentioned, which ſhall be diſ-
charged out of any Ship in the Harbour, coming Coaſtwiſe, from the ift of May,
1725, for fifteen Years, the Duties following, viz. for every Hogſhead of To-
bacco 3d. for every Hogſhead of Sugar 6d. for every Ton of Wine or exciſe-
able Liquors 25. for every Ton of Hemp or Flax is. 6d, for every Hundred of
Deals 8d. for every Laſt of Pitch or Tar 8d. for every Ton of Iron 16. for every

Ditto. S. 2.
5
Ton
OF PORTS, &c.
157
Ton of Raft or other Timber 4d. for every Barrel of Herrings 1d. for every Pack
of Linen, containing two Hundred Weight, Is. which Duties ſhall be paid by
the Merchant into whoſe Cuſtody the Goods ſhall be delivered.
Every Maſter of any Ship ſhall pay for ſuch Ship, upon her Arrival in the Har- Ditto, S. 5.
bour from any Port of her Diſcharge in Europe, other than the Kingdoms of
Great Britain and Ireland, and the Iſle of Man, 4.d. per Ton; and for every Ship,
upon her Arrival from the Port of her laſt Diſcharge in Afia, Africa, or America,
8d. per Ton, to be admeaſured as deſcribed in 5 Will. and Mar. Cap. 20. and 8
Anne, Cap. 12. Sect. 4. Provided, that for every Ship which thall come in for
Security, and not for their Diſcharge, there ſhall be paid one fourth of the Ton-
nage, and no more. ter
After the Termination of the ſaid fifteen Years, one third Part of the Duties Ditto, S. 6.
ſhall for ever continue for the perpetual repairing of the Harbour.
The Duties granted by the Act of 11 Geo. I. Cap. 16. ſhall be continued for 5 Geb. II. C.
the further Term of twenty-one Years, for enlarging the Harbour of Parton in 13.8. 1.
Cumberland.
If the Purpoſes are fully anſwered, &c. before the Expiration of the faid Term Ditto, S. 2.
the Duties ſhall ceaſe; and the Duty of a Halfpenny for every 192 Gallons of
Coals exported from the ſaid Harbour, and one third Part of the Duty on Ton-
nage of Ships (which, by the Act of 11 Geo. I. Cap. 16. are made perpetual)
ſhall commence.

CA T W A T E R.
S.I.
Benjamin Joules, his Executors, &c. ſhall clear the Harbour of Catwater near & Ann. C. 8.
Plymouth and Sutton Poole in Plymouth, and reduce the Shoals ſo, that any
fourth Rate Ship may ſafely go in and out, over any Part of them, at half Flood
or Ebb, and after the Removal of the Shoals, he ihall keep the Water to the ſame
Depth, &c.
And after the 25th of March, 1710, the ſaid Benjamin Joules ſhall have the Ditto, S. 4.
fole Ballafting and Unballaſting of Ships belonging to her Majeſty, and all other
Ships in Plymouth Sound, Hammouze, Catwater, and Sutton Poole, or within the
Road between St. Nicholas Iſland, and the main Land; and every Maſter, &c.
belonging to any Ship that ſhall come into the faid Harbours or Road, and Ditto, S. 5.
deliver or receive Ballaſt, ſhall deliver and receive the ſame to, and from the
faid Benjamin Joules, under Pain of forfeiting 51. &c. to hold and enjoy the ſaid
fole Liberty of gallaſting, &c. unto the ſaid Benjamin Foules, his Executors, &c.
for ſeventy-one Years.
The ſaid Benjamin Joules ſhall be bound to furniſh all Ships with Ballaſt; and
Mall ballaſt and unballaſt the fame upon ſuch Terms as are herein-mentioned,
viz. the Ships of her Majeſty at 9d. per Ton; all Ships of the Inhabitants of
Plymouth'or Saltaſh, at gd. per Ton; all other Ships of her Majeſty's Dominions,
at rod. per Ton, and all foreign Ships at 12d. per Ton, .
LIVERPOOL E.
The Mayor, &c. and Common-Council of Liverpool, ſhall have Power to 8 Ann. C. 12.
make a wet Dock or Baſon, with Wharfs, Sluices, and Canals, upon the Ground S. 2.
ſet apart for that Purpoſe.
There ſhall, from the 24th of June, 1710, for one and twenty Years, be Ditto, S. 3.
paid unto the ſaid Mayor, &c. for every Veſſel (Ships in her Majeſty's Service
excepted) coming into or out of the ſaid Port, with any Merchandiſe (the
Limits whereof are as far as a Place in Hoyle Lake, called the Red-Stones, and
from thence all over the River Merſey to Warrington and Frodham Bridges) by
the. Maſters of ſuch Ships, the Duties herein after deſcribed, viz. for every Ship
trading between the Port and St. David's Head or Carlifle, for every Ton 2d.for
every Ship trading between St. David's Head and the Land's End, or beyond
Carliſle to the Shetlands, or the Iſle of Man, for every Ton 3d. for every Ship
trading to Ireland, for every Ton, 4d. for every Ship trading to Norway, Den-
mark, Holſtein, Holland, Hamburgh, Flanders, or any part
of France, without
the Streights of Gibraltar, or Jerſey, or Guernſey, for every Ton 8d. for every
20
Ship



SS
158
4.
Ditto, S. 16.
Ditto, S. 17.
Il Geo. II.C.
3
Ditto, S. 10.
be
OF PORTS, &c.
Ship trading to Newfoundland, Greenland, Ruſſia, and within the Baltick, Portugal
and Spain, without the Streights, Canaries, Madeiras, Weſtern Iſlands, Azores, for
every Ton 12d. Such Duties to be paid at the Time of ſuch Ship’s Diſcharge
at the Cuſtom-houſe, fo as no Ship ihall be liable to pay the Duty buton gofere
the ſame Voyage both out and home.
All Ships liable to the Payment of the Duties ſhall be meaſured, by taking
Ditto, s.
the Length of the Keel as ſhe treads on the Ground, and the Breadth to be
taken within board by the Midſhip Beam, from Plank to Plank; and half that
Breadth for the Depth, then multiply the Length by the Breadth, and the Pro-
duct by the Depth, and divide by 94.
Ditto, S. 14.
After the ſaid Term of 21 Years, there ſhall be paid to the Mayor, &c. one
fourth Part of the Duties before-mentioned, &c.
Nothing in this Act ſhall charge any Ship which ſhall be forced into the
Harbour, and ſhall unlade in order to repair and relade: nor to charge any Ship
which ſhall fell in the Harbour any Part of her Lading, only in order to refit or
viftual.
This A& ſhall not charge any Ship belonging to, or bound to, or from the
Port of Cheſter, in Cafe luch Ship ſhall neither load nor diſcharge within the
Limits of the Port of Liverpool.
The Act of 8 Anne, Cap: 12. for making a Dock at Liverpoole, and an Act
32. S. 2.
Geo. I. (not printed) whereby the Duties were further continued for fourteen
Years, are further continued for 31 Years.
Every Ship trading from Liverpoole to Gottenberg, or any other place in Sweeden
without the Baltick, ſhall be charged with the Duty of Ed. per Ton.
Ditto, S. 11. After the laid Term of 31 Years, ſo long as the Dock, and other Works ſhall
be kept in Repair, there ſhall be paid to the Mayor, &c. and their Succeflors,
one fourth of the Duties before-mentioned.
DO V E R and R Y E.
chat moshi
Nonew Walls or Stops ſhall be ſet up that may hinder the Flux and Reflux of
the Sea betwen the Mouth of the Harbour of Rye in Suflex, bounded by two
Points called the Camber and Caſtle Point, New Shut, near Craven Sluice in
Suſſex and Kent, &c.
The Duty of 3d. per Ton, granted by 11 Will III. Cap. 5.
priated for the Benefit of the Harbours of Dover and Rye in Manner following,
Vide Dover viz. One third thereof ſhall be paid to the Treaſurer for Dover Harbour, and
the other two thirds to the Treaſurer for the Harbour of Rye.
The Powers given by the Act 9 Geo. I. Cap. 30. for reſtoring the Port of
Rye, are transferred to the Warden of the Cinque Ports, the Mayor and Jurats
of Rye, &c.
Continued for 21 Years by 11 Geo. II. Cap. 7. Seet 1. One Moiety of the
Duties continued for 21 Years by 31 Geo. II.
W AT CH E T T.
The Duties by the private Act, 6 Anne, for Repairing the Harbour and Key of
Watchett, in the County of Somerſet, granted for 21 Years, from the 25th of
March, 1708, ſhall, after the Expiration of the ſaid Term, be paid for the further
ia Term of 21 Years.
101 Erot
Nothing herein ſhall diſcontinue the Payment of the Duties by the faid Act,
6. Anne, made payable for the conſtant Reparation of the Key or Harbour, after
the Expiration of the 21 Years.
BRID PORT..
That the Havens and Piers of Bridport, in the County of Dorſet, may be
rebuilt, and Sluices made, with convenient Wharfs, the Bailiffs and capital
Burgeſſes of Bridport, ſhall be Truſtees for the ſaid Purpoſes; and at Bridport
Mouth, being an open Piece of Land, lying between the Eaſt and Weſt Cliffs,
and from the Sea Northward as far as Irepool on which Ground the ancient Har-
bour was, may lay out the new intended Harbour and Piers, and the Sluices,
Wharfs, and Landing Places, and the Ways to the Harbour,
Sa
There
7 Geo, I. C. '
9. S. 1.
9 Geo. I. C.
30. S. 2.
Harbour.
10 Geo.I.C.
7. 8.1.
7 Geo. I. C.
14 S. 1.

Ditto, S. 2.
the an Years,
1
8 Geo. I. C.
11. S, I.
T
OF PORT S, &c.
159
and for what Purpoſes;
There ſhall be paid to the Collector, to be appointed as herein after men- Ditto, S. 4.
tioned, for every Weigh of Salt, for every Laſt of Wheat, Rye, Barley, Malt;
or other Grain, for every Chaldron, Wincheſter Meaſure, of Coals and Culm,
and for every Ton of other Goods, diſcharged out of any Ship in the ſaid Haven
or which ſhall be exported from thence is. to be paid before the ſame be
landed; and there ſhall alſo be paid for every Ship, of the Burden of ten Tons or
upwards, which ſhall come into the ſaid Haven 2d. for every Ton ſuch Ship,
&c. ſhall contain; which Duties ſhall be paid by the Maſter, &c.
When the Harbour and Piers ſhall be rebuilt, and the Monies expended thereon Ditto, S: 7.
reimbuſed, the Duties fall ceaſe ; and from thenceforth there ſhall be paid to
the Collectors for every weigh of Salt, for every Laſt of Wheat, Rye, Barley,
Malt, and other Grain, and for every Chaldron of Coals and Culm, Wincheſter
Meaſure, and for every Ton of other Goods diſcharged in the ſaid Haven, or
exported, 6d. and for every Ship, &c. which ſhall come into the Haven, id.
per Ton and no more.
Y A R M O U T H.
After the 25th of March 1723, for 21 Years, and to the End of the next 9 Geo. I. C.
Seſſion of Parliament, there ſhall be paid, by every Maſter of a Ship which ſhall 1o. S. 1.
unlade within the Haven of Great Yarmouth, or in Yarmouth Road, extending
from the ſouth Part of Scrathy in Norfolk to the north Part of Corton in Suffolk,
at the Time of unlading, for the Goods following, viz. for every Chaldron of
Coals, Wincheſter Meaſure, Laſt of Wheat, Rye, Barley, Malt, or other Grain,
for every Weigh of Salt, and Ton of other Goods (Fith excepted) ſuch Sums,
not exceeding 12d. as the Mayor, Aldermen, Burgeſſes, and Commonalty of
Great Yarmouth, in Common-Council aſſembled, ſhall appoint; to be applied as
follows, viz. Part of the ſaid Duties not exceeding 6d. towards clearing and
improving the Haven, Piers, and Jettees; and 3d. other part of the ſaid
Monies ſhall yearly, on the 24th of June, be divided in Manner following, viz.
One Penny Halfpenny to the Chamberlain of Norwich to be applied towards
clearing the Channel of the River Yare, between the two Mills in Norwich and
Hardly Croſs, &c. and one Halfpenny, other Part of the ſaid 3d. to ſuch Perſons
as ſhall be yearly named by the Juſtices at their Quarter Seftions at Norwich,
for the County of Norfolk, to be applied towards clearingthe River Bure, called
the North River, and for ſuch other Purpoſes as the Juſtices ſhall appoint; and
one Halfpenny, other part of the ſaid 3d. to ſuch Perfon, as ſhall be yearly
named by the Juſtices at their Quarter Seſſions at Beccles, for the County of
Suffolk, to be applied towards clearing of the River Waveny, and for ſuch other
Purpoſes as the ſaid Juſtices ſhall order; and one Halfpenny, Reſidue of the
ſaid 3d. to ſuch Perſons as the Mayor, &c. of Yarmouth ſhall appoint, to be
applied towards repairing the Bridge and the publick Keys belonging to the Cor-
poration, &c. And the further Sum of 3d. or ſo much thereof as ſhall be by
the twelve Commiſſioners, to be appointed as herein after is directed, or any
ſeven of them, thought neceffary, ſhall be raiſed by the Mayor, &c. of Yarmouth,
and thall firſt be applied towards clearing the Channel of that Part of the River
rare, leading from Yarmouth to Norwich, called Braydon, as any ſeven of the
Commiſſioners ſhall direct at their Meeting at Yarmouth, &c.
The laſt mentioned 3d. Thall not be raiſed but when Notice in Writing, figned Ditto, S. 2.
by ſeven of the Commiſſioners, ſhall be given to the Mayor of Yarmouth, that
it is neceſſaay to raiſe the ſaid Sum, or fome Part thereof,
and then ſuch Sum Thall be raiſed, provided that the Juſtices for Norfolk, at
their Quarter Seſſions, yearly, out of the Monies payable for the River Burë,
may allot Part thereof for the clearing that Branch of the River which leads
from St. Bennet's-Abbey to Dilham in Norfolk.
On the Exportation of Goods, which have paid the Sums hereby charged on Ditto, S. 12.
the Importation, the Collector (Proof in Writing on Oath being firſt made of
the Payment of the Duties, which Oath he may adminiſter) ſhall repay the
Exporter the Money paid on the Importation.


River which
The
16@
OF PORT S, &c.
1

sriteniamo
IOS. &c.
20 Geo. II.
P. 872.
7.875.
23 Geo, II.
P. 189.
Ditto, S. 13. The Mayor of Yarmouth may yearly appoint Watchers or Clappermen, to
watch on the Keys nightly, from the ift of November to the 1ſt of March.
Ditto, S. 14. There ſhall be paid, by the Maſter of any Ship which ſhall lie in the Haven,
from the South End of the Ballaſt Key; upwards the Space of one Month between
the iſt of November and the iſt of March, any Sum not exceeding one Halfpenny.
per Ton of the Burthen, as the Mayor ſhall for the Charges of ſuch Watching
yearly appoint.
bis
Ditto, S. 15. Every Maſter, &c. of a Ship, which fhall winter in the Haven, who ſhall
ſuffer any Fire or lighted Candle to be in any-Ship lying from the South End of
the Ballaſt Key upwards (Ships which ſhall- have Officers boarded on them by
the Direction of the ſuperior Officers of the Cuſtoms or Exciſe, belonging to the
faid Town only excepted) ſhall forfeit, for every ſuch Fire or lighted Candle,
The Haven and Piers of Great Yarmouth being in a bad Condition, and falling
into an irreparable Decay, if not timely prevented, it is therefore enacted, that
from and after the 24th of June, 1747, the ſeveral Duties, which by 9 Geo. I.
were granted for clearing and improving, &c. the Haven and Piers belonging to
the ſaid Town of Great Yarmouth, and for depthening the Channel of Braydon,
and for making the Rivers Yare, Waveny and Bure, more navigable, and for
repairing the Bridge and publick Keys of the ſaid Town, and alſo for preſerving
Ships wintering in the Haven there, ſhall be reviewed and paid for the Term of
two Years, and from thence to the End of the then next Seſſion of Parliament,
in ſuch Manner, by ſuch Perſons, and with ſuch Exceptions, Allowances, and
Drawbacks, as are mentioned in the before recited Act, &c.
The Proviſion made in the preceding Ad, not having been found ſufficient to
anſwer the Purpoſes intended thereby, for repairing the Piers, clearing and
depthening the Haven of Great Yarmouth, &c. it is enacted, that from the 25th
of March, 1750, the Duties payable by Virtue of the foregoing Act of 20 Gea. II.
ſhall ceaſe; and, in lieu thereof, there ſhall be paid for twenty-one Years, and
from thence to the End of the then next Seſſion of Parliament, by every Maſter
of any Ship or Vefſel which ſhall import or unlade within the Haven of Great
Yarmouth, or in Yarmouth Road, near adjoining to the ſaid Borough, extending
from the South Part of the Town of Scratbey, in the County of Norfolk, to the
North Part of the Town of Corton, in the County of Suffolk ; for every Chaldron
of Coals, Wincheſter Meaſure, Laſt of Wheat, Rye, Barley, Malt, or other
Grain ; and forevery Weigh of Salt; and for every Ton of all other Goods or
Merchandizes (Fiſh only excepted) the reſpective Sums following, viz. for the
Term of ſeven Years, or ſuch other leſs Term as twelve Commiſſioners, or ſeven
of them (five being Commiſſioners for the County of Norfolk, Suffolk, and the
City of Norwich) Thall order, a Sum not exceeding is. 6d. and after the Ex-
piration of the ſaid, or other leſs Term of Years, during the Remainder of the
Term of twenty-one Years, and from thence to the End of the then next Seſſion
of Parliament, the Sum of iod. or ſuch other greater Sum as the Commiſſioners
as aforeſaid ſhall order, not exceeding the Sum of 12d.
The Sum of 3d. Part of the Duties granted by this Act ſhall every Year be
divided, and paid upon the firſt Tueſday in June, by the Chamberlains, &c. of
Great Yarmouth, in the Manner and Proportions following, viz. id. 29. unto
the Chamberlain of the City of Norwich, &c. to be applied towards clearing and
depthening that part of the Channel of the River of Wenfon, commonly called
räre, which lies between the new Mills in Norwich and Hardly-Croſs; and
for preventing Filth and Mud from falling therein, and for didelling and cleanſing
the River in fuch Manner, as the ſaid Corporation ſhall direct, &c. and the Sum
of 29. to be applied towards clearing and depthening the River Bure commonly
called the North River, and all thoſe Branches thereof which lead from
St. Bennet's Abbey to Dilbam, and from Baftwick-Bridgeto
Hickling, in the County
of Norfolk, in ſuch Manner as the Juſtices Thall direct, &c. and the Sum of 29.
to be applied towards clearing and depthening the River Waveny, in ſuch
Manner as the Juſtices ſhall direct, &c. and the Sum of 29; Reſidue of the
ſaid 3d. to be applied towards repairing the Bridge and publick Keys belonging
to the ſaid Borough of Great Yarmouth, &c.
P.193
P. 194
3
The

OF PORTS, &c.
161
29.
8
The Sum of 3d. other Part of the Duties, is to be divided and paid in the Man-
ner following, viz. the Sum of 2q. to be applied towards the further clearing and
depthening the River Bure, commonly called the North River, and the Branches
thereof, which lead from St. Bennet's Abbey to Dilham, &c. and the Sum of
2d.
Refidue of the ſaid 3d. to be applied towards the effectual clearing and P. 195.
depthening of that part of the River Vare leading from Yarmouth to Norwich,
called Braydon, &c.
The laſt mentioned Sum of 3d. is not to be raiſed, unleſs Notice in Writing;
&c. be given to the Mayor of Great Yarmouth, &c.
The laſt mentioned 3d. when raiſed, is to be annually accounted for, &c. and
the Overplus (if any) of the ſaid 2d. 29. Part of the ſaid 3d. is to be applied in
clearing and depthening the North River, and its Branches, &c. and the Over-
plus (if any) of the 2d. 29. Reſidue of the ſaid 3d. is to remain in the Hands P. 196.
of ſuch Perſon as the Corporation of Great Yarmouth in Common Council ſhall
appoint, to be applied in clearing and depthening the Channel of Braydon, in ſuch
Manner as the Commiſſioners Thall think fit.
During the Term of ſeven Years, the Sum of 4d. other Part of the Duties,
is to be aplied in clearing and depthening the Haven, and repairing the Piers and
Jettee, and all the Capſterns, Cables, and Ropes belonging thereto, &c.
If in any Year, during the faid Term of ſeven Years, the ſaid Sum of 4d. ſhall
not be ſufficient for clearing and depthening the Haven and repairing the Piers
and Jettee, ſeven or more of the Commiſſioners, &c. upon Application of the
Corporation of Great Yarmouth, &c are impowered to direct ſuch further Part of
the Reſidue of the Duties, as they ſhall think neceſſary to be applied, with the
faid 4d. towards the ſaid Purpoſes, and for no other Uſe.
No Part of the ſaid Sum of 4d. is to be applied in erecting any new Works in
the Haven, or in pulling down any Part of the Piers and ſettee.
The faid Sum of 4d. and ſuch further Sums if (any) as the Commiſſioners
ſhall direct, to be applied as aforeſaid, are to be annually accounted for, &c. and
the Overplus (if any) is to be applied in amending and improving the Haven P. 197.
and Piers, &c.
During the ſaid Term of ſeven Years, or other leſs Term, the Sum of 8d, or
ſuch Part thereof, as ſhall not have been diſpoſed of by the Commiſſioners, in
Manner before directed, Reſidue of the Duties, is to be applied in improving and
extending the Haven and Piers, and in erecting new Works, as the Commiſſioners
as aforeſaid ſhall direct, according to the Proviſions herein after mentioned.
Seven or more Commiſſioners, &c. at their firſt, or ſome ſubſequent, Meeting
at Great Yarmouth, are to direct ſuch Works to be undertaken, as, with the
Advice of ſome ſkilful Engineer or Engineers, they ſhall think neceffary for P. 198
improving and extending the Haven and Piers, &c.
During the Term of ſeven Years, or other leſs Term, the Chamberlains of
Great Yarmouth, &c. are to pay the Money ariſing by the ſaid Sum of 8d. to
ſuch Perſons as the Commiſſioners ſhall direct.
The Surplus (if any) of the ſaid Sum of 8d. is to be applied in completing ſuch
new Works, as the Commiſſioners ſhall direct:
Ifat any Time, before the Expiration of the ſaid Term of ſeven Years, the Com- P. 200,
miſſioners ſhall ſignify to the Mayor, &c. that, in their opinion, the Work is
completed, and the Haven and Piers effectually improved and extended, then
the Payment of the Sum of 8d. is to ceaſe, except in the Caſe herein after ex-
cepted.
After the Expiration of the ſaid Term of ſeven Years, or ſooner Determination
of the Payment of the ſaid Sum of 8d. the Sum of 4d. Part of the remaining
Duty is to be appointed, during the Remainder of the Term of twenty-one Years,
and from thence to the End of the then next Seffion of Parliament, in clearing
and depthening the Haven, and keeping in Repair the Piers and Jettee, in ſuch
Manner as the Corporation of Great Yarmouth in Common Council ſhall
If in any Year, during the Remainder of the ſaid Term of twenty-one Years,
&c. it ſhall appear to ſeven or more of the Commiſſioners, &c. that the ſaid
Sum of 4d. directed to be applied in cleaning and depthening the Haven, and P. 205.
Tt
keeping
ein
direct.
163
F PILOTS, &c.

Fich
keeping the Piers and Jettee in Repair, will not be ſufficient for thoſe Purpoſes
they may direct a further Sum, not exceeding 2d. to be raiſed until their next
annual Meeting, to be applied by the Corporation of Great Yarmouth, inrepair-
ing and improving the Haven, &c. in ſuch Manner as the Commiſſioners ſhall
judge neceifary, &c.
The ſaid further Sum of 2d. or any Part thereof, is not to be raiſed, unleſs
Notice that the ſame is neceſſary, &c. be firſt given to the Mayor, &c. -
The Collectors and Receivers may, at all ſeaſonable Times, enter into any
Veffel, within the Haven or Road, in Order to ſee what Goods ſhall be on
board, before the unlading thereof; and, if the Duties ſhall not be paid by the
Maſter upon the unlading, they may, by Warrant from the Mayor, or Deputy-
Mayor of Great Yarmouth; diſtrain the Veffel, her Apparel, and Furniture, and,
after ten Days, ſell the ſame, rendering the Overplus upon Demand, after de-
ducting the Duties and all Charges.
Such Oil, or Fish Livers, as fall be obtained in any fiſhing Voyage,
and ſuch Remainder of Salt, Bread, Beer, and other Proviſions, as ſhall be taken
into any Veſſel for accompliſhing a fiſhing Voyage, or into any Veſſel for the
Maintenance of the Ship’s Crew, upon a Voyage to be made with ſuch Veſſel,
and not ſpent therein, are exempted from the ſaid Duties.
On the Re-exportation of all Coals and other Goods, for which the Duties of
this Act, on the Importation, Thall have been paid ; any Collector or Receiver
of the Duties (upon Proof made before him in Writing, upon Oath, of the
Payment of the ſaid Duties, and which Oath he is to adminiſter) is to repay,
out of the Monies in his Hands, &c. all ſuch Duties to the Re-exporter, as
ſhall have been paid on the Importation.
From and after the 25th of March, 1750, no Veſſel is to lie, or be moored
with her Side towards the Key, longer than one Tide, unleſs upon fome unavoid-
able Occaſion: and the Mayor, or Deputy-Mayor, is to take tuch Order therein,
as he ſhall think reaſonable ; and, if any Maſter ſhall refuſe to obey ſuch Order,
for altering the Situation of his Ship, and laying her Head towards the Key, he
is to forfeit 405. &c.
a on
M AR G A TE
1 Geo. I. C. The Droits called Poundage and Laftage, and other Duties, ſhall be continued
for the Maintenance of the Pier and Harbour of Margate,
Ditto, S. 6. It fhall be lawful for the Pier-Wardens and Collectors, to go on board any
Vefſel belonging to Margate, making Uſe of, or being within the Harbour, and
to take Account what Duty is payable for any Goods on board; and, in Caſe of
Non-Payment,'to diſtrain ſuch Goods, and alſo the Tackle of the Veſſel : and,
in Caſe of Neglect of Payment by the Space of ten Days, they may ſell the Goods
to ſatisfy as well the Duty as their Charges, &c.
Ditto, S. 8,
The Money ſhall be laid out in repairing the Pier and Harbour,
oluila
SUNDERLAND.

P, 207.
P. 209.
3. S. I.


13
6, S. I.
Geo. 1. C. The Commiffioners appointed to put in Execution the private Act 3 Geo. I.
for the Preſervation and Improvement of the River Wear, and Port and Haven of
Sunderland, in the County of Durham, or any ſeven of them, (whereof the
Chairman to be one) are impowered, at any publick Meeting, to grant or
charge the Duties by that Act granted, as a Security for 3500l. by them already
borrowed, or for any further Sum to be borrowed for the Purpoſe in the ſaid
Act.
Ditto, 9.8.
The Commiſſioners ſhall have Power to finiſh the Pier already begun, and
alſo to erect Piers and other Works, for the Preſervation and Improvement of
the Haven, &c.
The Preamble ſets forth, that the Town of Sunderland, near the Sea, ſituata
on the River Wear, in the County of Durham, is well inhabited by rich and
able Merchants and Tradeſmen, having a Pórt capable of containing many
P. 480.
Hundred Ships at one Time, &c. and that by an Ad of 3 Geo. I. intitled, Án
Axt for the Preſervation and Improvement of the River Wear, and Port and
Haven of Sunderland in the County of Durham, certain Perſons therein named,
were

20 Geo. II.
P. 479.
OF PORTS, &c.
162
202
5l. pèr Centum per Annum; out of which Monies, &c. fhall be paid, in the firſt
were appointed Commiſſioners of the ſaid River and Haven, and Duties granted
for the effectual cleanſing and perferving thereof, for the Term of twenty-one
Years; and that by another Act of 13 Geo. I. for the more effectual Prefervation
and Improvement of the River Wear, &c. diverſe additional Powers were granted
to the ſaid Commiſſioners, who, in Purſuance of the Execution thereof, before
the Expiration of the Term limited, erected, at a great Charge, a Pier and a Key
near the Mouth of the River on the South Side, and did other beneficial Acts
for the Opening and Improving of the ſaid River, &c. and, in order to have
more effectually cleanſed and preſerved the ſame, the Commiſſioners propoſed to
have lengthened the ſaid Pier, and to have built other Works on the North Side
of the River, but the Money ariſing from the Duties not being ſufficient to per- P. 481.
form ſuch additional Works, &c. it is enačted, that the Right Reverend the
Biſhop of Durham, the Right Honourable Thomas, Earl of Scarborough, &c. P. 482,
ſhall be Commiſſioners of the ſaid River, Port, and Haven, within the Limits
herein after ſet forth, and ſhall be ſo called for the Purpoſes herein mentioned,
for the Term of twenty-one Years, to commence from the 24th of June, 1747.
The Commiſſioners, or ſeven of them, may purchaſe and take Leaſes of any
Lands near the ſaid River, for the erecting Piers or other Works, &c. and
employ Workmen, Keels, &c. to remove any Rocks, Gravel, &c. below High-
Water Marks, &c. provided that thereby they do not damage the Lands, Quarries,
Keys, Streighs, Wharfs, or Beacons, of any Perſon whatſoever, &c.
The Commiſſioners, or feven of them, may at all Times hereafter ſurvey the P. 490.
ſaid River ſo far as to the New-Bridge, and no farther (to which Place they
may make and keep it navigable for the ſaid Term of 21 Years) and alſo the
Port, Haven, and Harbour of Sunderland, as far as the ſame extends from Souter
Point, about two Miles from the Bar of Sunderland, towards the North-Eaſt,
and ſo into the Sea to five Fathoms at Low-Water, and from thence in a ſup-
poſed direct Line, till it falls oppoſite to that Land called Ryhop Dean, about
two Miles towards the South, and the Impediments
and Annoyances, &c. there-
in, and may hear and determine all ſuch Abufes, Differences, and Things, as
concern the ſame, &c.
The Commiſſioners, before the 24th of June, 1759, fall remove all Sands, P. 4912
Shoals, and other Obſtructions, between Biddisford and Newbridge, and ſhall
effectually make the ſaid River navigable, to carry Boats, Keels, and Veſſels of
the Burden now uſed upon the ſaid River ; and ſhall, from Time to Time,
keep it ſo navigable, between the ſaid two Places, for the Reſidue of the ſaid
Term of 21 Years.
From the 24th of June, 1747, for the Term of 21 Years, and from thence P. 498
to the End of the then next Seſſion of Parliament, every Coal-Owner for the Time
being, and their Fitters, and Coal-Factors, ſhall ſeverally pay for all Coals and
Cinders brought to the ſaid River, and delivered from the Staith, aboard any
Ship or other Veffel, the Sums following, viz.
The Coal-Owners reſpectively, any Sum not exceeding id. 29. for every
Chaldron of Coals or Cinders, during the ſaid Term of 21 Years, brought for
them to the River, and delivered as aforeſaid ; and, ſo in Proportion for any
greater or leſs Quantity.
And the Fitters or Coal-Factors reſpectively, any Sum not exceeding 29. dur-
ing the ſaid Term, for every Chaldron of Coals or Cinders, brought and de-
livered as aforeſaid, to be applied as herein after directed,
The Commiſſioners or ſeven of them (whereof the Chairman for the Time
being to be one) at any publick Meeting by Writing under their Hands and
Seals, (without any Stamp thereon) may aſſign over, &c. the Duties, or any
Part thereof (the Charge of making ſuch Aſſignment to be paid out of the Duties)
for all, or any Part of the Term for which they are granted, as a Security for
any Sum to be borrowed for the Purpoſes herein mentioned, to ſuch Perſon or
Perfons, or their Truſtees, who ſhall lend the fame, with Intereſt not exceeding P. 599.
Place, the Charges of obtaining and endeavouring to procure this Act.
Cinders to be burnt from Coals, ſubject to the Duties beforementioned, ſhall
not pay the Duties payable for Cinders, on their being put on board any Ship or
other


/
164
OF PORTS, &c.
P.500.
other Veſſel, in order to their being exported or water-borne to any other place;
and no Duty ſhall be paid for any Coals or Cinders that ſhall be loſt in any Keel
or Boat ſunk in the ſaid River, &c. or within five Fathoms at Low-Water,
beyond the Bar of the River ; or for any Coals uſed in making Salt, and Glafs,
Glaſs Bottles, Vitriol, and burning Lime-Stones into Lime, within the Limits
of the ſaid River, &c. ſo as the Owners and Conſumers thereof (being required)
by the Oath of themſelves, or any other Perfon, to the Satisfaction of the
Commiſſioners, &c. prove that ſuch Cinders, fo exempted, were burnt from
Coals, for which Duties, as aforeſaid, had been paid ; or that ſuch Coals or
Cinders, ſo exempted, were loſt, as aforeſaid, or that the Coals, fo exempted
had been uſed in making Salt, &c. within the ſaid River, Port, or Haven, and
'if
any Staithmen, &c. (ſummoned to appear and to be examined on Oath, touch-
ing the Quantities of Coals and Cinders by them delivered, from Time to Time,
on board) ſhall not appear, or refuſe to be examined on Oath, they ſhall be
charged ſuch Sums, &c.
All Duties, Fines, and Sums of Money, to be levied by this Act, not otherwiſe
directed to be applied, thall be paid to ſuch Perſons as the Commiſſioners ſhall
appoint ; and ſuch Money, or ſo much as ſhall not be applied towards Payment
of the Charges of procuring this Act, and of the Principal and Intereft of the
Money borrowed, and the Expence of putting this Act in Execution, ſhall be
employed in lengthening the preſent Pier, and in purchaſing cr procuring
Leaſes of Grounds, as aforeſaid, to build any other Piers, Keys, Walls, or Jet-
tees on, and in erecting the ſame, and in doing fuch other Works for the Im-
provement of, and the Depthening, Cleanſing, and
Preſerving the faid River,
&c. as the Commiſſioners, &c. ſhall from Time to Time direct.
If by the Building of any Pier, or other Works, and the different Direction
thereby given, to the Sea and Tide flowing into the River, &c. the Keys and
Grounds of any Perſon ſhall be beat down, overflowed, or otherwiſe damnified,
the Commiſſioners, &c. out of the Monies ariſing by this Act, ſhall cauſe fuch
Keys to be repaired, or rebuilt, and the Land to be effectually ſecured againſt
ſuch Sea and Tide, within twelve Months after any ſuch Accident; and fhall
likewiſe cauſe to be paid to the Proprietors of Lands and Grounds, or to ſuch
other Perſons as ſhall make Proof of any Damages done by them, in the Execu-
tion of this Act, ſuch Sums as ſhall be affefied by a Jury, sc.

P. 503
NEW H A V E N.
4 Geo. II.
That the Haven and Pier of Newhaven in Suſſex may be rebuilt, John Alford
C. 17. S. 1. Efq. and others are conſtituted Commiſſioners; and it ſhall be lawful for them
to lay out the ſaid Harbour and Pier.
Ditto, S. 2. There ſhall be paid the Sums of Money following, viz. for every Chaldron of
Coals, Grindſtone, and other Goods, paying Duty by the Chaldron, exported
or imported, in the ſaid Haven, is. for every Ton of Coals, paying Duty by
the Ton, Salt, Plaiſter of Paris, Tarris, Tobacco-pipe Clay, Stone, and Marble
Blocks, Lead, Iron, or other Goods, paying Duty or Freight by the Ton, is.
for
every
Load of Timber, Wainſcot Boards, Trenels, and all other converted
Timber is. for every Load of Tan or Bark, 25. for every Hundred of ſingle
Deals, Spears, Ufirs, Pipe, Hogſhead, and Barrel Staves, Is. for every Hun-
dred of double Deals, 2s, and of three Inch Deals 35. for every Quarter of
Wheat, Peas, Tares, Beans, and all heavy Seeds 3d. for every Quarter of
Barley, Malt, Oats, Saint-Foin, and light Grains, 2d. for every Hogſhead of
Wine, and other Liquids, 6d. for every Hogſhead of Sugar, Tobacco, and
dry
Goods, 9d. and for every Tierce thereof, 6d. for every Barrel of Pitch, Tar,
Groceries, and all other Goods in Barrels, 4d. for every Bundle, Bale, and
Cheſt of Hemp, Linens, Woollens, Glaſs, Fruits, Earthen Ware, not exceed-
ing three Hundred Weight, 3d. for every Hundred Weight of Allum, Cheeſe,
Tallow, Colours, Shot, Nails, Chains, and wrought Iron, Brafiers and Pew-
terers Wares, and all other Goods paying Duty or Freight per Hundred Weight,
įd. for every Groſs of Bottles 3d. for every Hundred Feet of paving Stones, or
5
paving


OF PORTS, &c.
165.
4s.
Warp always in Readineſs.
paving Marble, żs. for every Thouſand of Tiles, Bricks, and Clinkers, is. for
every Ship (fiſhing Veſſels excepted) that comes to load or unload, 2d. per
Ton, according to their light Bills ; for every Veſſel that comes in, and neither
loads nor unloads, 25. each, from twelve to fifty Tons, and if above fifty Tons,
for all Goods not enumerated, one twelfth Part of the uſual Freight from
London to Newhaven.
Which Duties ſhall be paid by the Perſon who ſhips or receives Goods, the Ditto, S. 3.
Maſter to pay the Tonnage of the Ship; and no Officers of Cuſtoms of the Port
of Lewes thall take Entries, or make out Cockets, for ſhipping or diſcharging
Goods, or for clearing any Ships, until the Duties be paid, or Security given ;
or ſhall permit any Ship to go out of the Haven, until the Maſter produces a
Receipt for the Duties aforeſaid.
The Collectors may go aboard and diſtrain for Non-payment, and, in Caſe of Ditto, f. 4.
Neglect for ten Days, may ſell Ship and Furniture. ao vivo
When the Juſtices, at their Quarter Seſſions for Suſſex, ſhall certify, that the Ditto, S. 6.
Commiſſioners are reimburſed, one Half of the Duties ſhall ceaſe, and the other
Half ſhall continue, for keeping the Haven, Pier, and Sluices in Repair.
20 ILFORDCOM BE.
The ſeveral Duties following ſhall be paid to Sir Bouchier Wray, his Heirs 4 GE». II.
and Affigns, Lords of the Manor of Ilfordcombe, in the County of Devon (the C. 19. 8. 1.
greateſt) Part of which Acknowledgements were anciently paid to the Lords of
the Manor, viz.
For Woollen, and Bay Yarn, and Flocks, 29. per Stone, each to contain Ditto, S. 2.
181b. and for every Ton of other Goods, imported or exported out of the ſaid
Port 8d.
det
For every Ship which ſhall come into the ſaid Harbour (the ſame not being Ditto, S. 3.
their diſcharging Port) the Keelage following, viz. For every Ship uſing the
Coaſting Trade, belonging to the ſaid Port, 6d. for every Ship not belonging
to the ſaid Port, uſing the Coaſting Trade, Is. 6d. for every other Ship coming
from his Majeſty's Plantations, or bound thither, 23. 6d. the Maſter paying the
ſaid Duty of Keelage, ſhall have Allowance of the Merchant by Way of Average;
for every Ship that pays Keelage, there ſhall be paid by the Maſter 6d. for each
Top which ſuch Vertel beareth, and for the Keelage of every Boat belonging
to any other Port or Place, 4d.
For the Support of the Lighthouſe (which Light ſhall be ſet up at Michael- Ditto, S.
mas, and continue till the iſt of March, in every Year) there ſhall be paid,
during ſuch Seaſon, by every Ship belonging to the ſaid Port, 6d. and by every
other Ship is.
And for laying up, or leeſing of Ships in the Harbour, and to the Fiſhery, Ditto, S. 5.
there ſhall be paid the Duties following, viz. for every Ship belonging to the
Harbour 45. 4d. for
45. 4d. for every other Ship 6s. 8d. for every Boat employed in the
Herring Fiſhery, 4s. 4d. and for every Boat Fiſhing for Mackrel, for the Seaſon
45. 4d. and for every Barrel of Herrings 4d. and for every Horſe-Load of Goods
imported and exported 3d.
67 DB
For the keeping of a Taw-Boat there ſhall be paid fuch Duties, and ſuch Ditto, S. 67
Orders obſerved, as follows: Firſt, the Owner of Tuch Taw-Boat ſhall have for
going to any Ship, three Shares, and the Owner of the Boat and Company ſhall
have one Third of every Pilot Ship; the owner of ſuch Port to have his Part,
whether the Pilot be ſhipped within the Harbour or without; and the Keeper of
ſuch Boat ſhall have one Man's Share ; and no Boat ſhall ſerve, but ſuch Taw-
Boat only, which is to attend the Place; and, if any other Boat ſhall ſerve, the
Owner of ſuch Boat ſhall forfeitos. 8d. unleſs upon Extremity of Wea-
ther then the Owner of the Taw-Boats ſhall appoint other Boats to aſſiſt him ;
and the Owner of ſuch Taw-Boat ſhall have from every ſuch ſpecial Boat, one
Share, and the Keeper of the Taw-Boat ſhall attend, and keep the Boat and
-Boat
ato
There

.
4

Uu
166
OF PORTS, &c.
Ditto, S. 9.
Ditto, S. 10.
a Balks
Ditto, S. 7. There ſhall be paid by the Maſter of every Veffel belonging to Ilfordcombe,
who ſhall uſe the Warp, 6s. 8d. and by the Maſter of every Veſſel belonging to
any other Port, 135. 4d.
Ditto, S. 8. For keeping Weights in the Harbour, by the ſaid Sir Bourchier Wray, his
Heirs and Aſigns, the Orders herein after mentioned ſhall be obſerved, viz. No
Perſon ſhall weigh any Goods, bought or ſold there, with any other Weights ;
and if any perſon ſhall weigh with other Weights, ſuch Perſon (hall forfeit
žs. 4d. and there ſhall be paid for every Ton ſo weighed, 2d.
There ſhall be paid for every Dicker of Leather there landed 3d. for every
Hogſhead of Tobacco 3d. for every Weigh of Coals or Culm 68. for every
Horſe id. for every Bullock 29. for every Score of Sheep 4d. for every Dozen
of Earthen Ware, imported or exported, 29. for every Meaſe of Herrings un-
falted, carried out of the Port 3d. for every Ton of Ballaſt taken on board in
the Port 2d. for every Ton of Lime-Stone landed in the Harbour id. for every
Ton of Groceries, or Saltery Wares, Is. 68. for every Hundred of Barrel Staves,
4d. for every Bundle of Hoops 29. for every Pack of Bays or Stuff 3d. and for
every Hundred Weight of Cheeſe 2d, and for the leeſing or laying up of
veery
ſuch Fiſhing-Boat as ihall not pay Duty 25. 2d.
And for all other Goods, not particularly mentioned, imported or exported,
ſuch Sums of Money ſhall be collected, as Duties appertaining to the ſaid Key,
Light-Houſe, and Warp-Houſe, according to ſuch moderate Values, as are
proportionable to the Rates above expreſſed, and as are paid in the adjacent
Ports.
Ditto, S. 13•
All Money raiſed by the Duties, or recovered by Forfeitures, ſhall be laid out
in repairing and maintaining the Piers, Key, Light-Houſe Warp, Warp-Houſe,
Boats, and Harbour of Ilfordcombe.
Ditto, S. 16. The Water-Bailiff hath Power to go aboard Ships, and to diſtrain for Non.
payment, and, after ten Days, to ſell the Diſtreſs and ſatisfy the Duties, Penalties,
and Coſts.
Ditto, S. 17. Nothing in this Act ſhall diminiſh any of the ancient Rights which the Free-
men of Bridgwater have enjoyed by Virtue of a Charter granted by King John.
SCARBOROUGH,
The King erected a Corporation of two Perſons, called, the Maſters or
• 14. 9. 1. Keepers, of the Key or Pier of Scarborough.
The Maſter and Keepers ſhall receive of the Owners of Tenements in Scarbo-
rough, the fifth Part of the Yearly Rents, for the Maintenance of the Key or
Pier, at the Feaſt of Pentecoſt and St. Martin.
From the 24th of June, 1732 until the 24th of June, 1763, the Duties after-
mentioned fhall be paid, for the enlarging and keeping in Řepair the Piers of
Scarborough, to wit, 29, for every Chaldron of Coals laden on board any Ship
in the Port of Newcaſīle, or any Member of the Port of Newcaſtle ; which Duties
Thall be paid to the Bailiffs and Burgeſſes of Scarborough, as they in Common-
Council aſſembled ſhall appoint, by every Maſter of a Ship, before ſuch Ship be
ſuffered to proceed in any Voyage, to be paid near the Place where ſuch Ship
ſhall take on board fuch Coals.
Ditto, S. 3.
Till the 24th of June, 1783, there ſhall be paid to the ſaid Bailiffs and Bur-
geſſes for Coals landed within the Port of Scarborough, is. per Chaldron, Town's
Meaſure; for Cinders is. per Chaldron ; for every Weigh of Salt 25. for every
Groſs of Glaſs Bottles ad.for Fir Timber imported in Engliſh Bottoms 3d. per
Ton ; for every Hundred of Fir Deals zs. of half Deals is. 6d. of middle Balks
35.
of ſmall Spars 6d. of Battins Is. of Pale-Boards 2d. great Mafts a-piece 35.
middle Maſts a-piece Is. 6d. ſmall Maſts a-piece 6d. Oak Timber and Oak Plank
per Ton 3d. Wine and Brandy per Ton 5s. and for all the above enumerated
Goods, which ſhall be imported in foreign Bottoms, double Duties; and for all
foreign Goods not above-mentioned, imported in Engliſh Bottoms, 3d. per Ton
and for foreign Bottoms 6d. per Ton; and for Butter Thipped off from Scarbo-
rough
37Hen. VIII.
C.
Ditto, S. 5.
5 Geo. II. C.
II. S. I.

OF PORT S, &c.
167
Ditto, 8. 5.
rough 1d. per Firkin ; for dried Fiſh and Mud Fith ſhipped off 2d. per Score ; for
Barrel Fiſh ſo ſhipped off per Barrel 4d. for Tallow ſo ſhipped off 3d. per Hun-
dred Weight; every Ham of Bacon 2d. Neats Tongues per Dozen 3d. pickled
Pork per Barrel is. for every Flitch of Bacon 2d. Rabbit Skins per Pack 25. 6d.
Calves Skins per Dozen 3d. Leather per Hundred Weight is. And for every
Engliſh Ship which ſhall enter within the Piers 6d. and for the Top, or Croſs
Trees, of ſuch Engliſh Ship, being of the Burden of 130 Tons, 4d. and for
every foreign Ship fo entering is. and for the Top, or Croſs Trees, of ſuch
foreign Ship of 130 Tons, 8d.
In Default of Payment it ſhall be lawful for the Collectors to diſtrain.
All Ships within the Port of Scarborough thall lie, moor, and ballaſt, in ſuch Ditto, S. 17.
Place as they ſhall be directed, under Penalty of 51. & c.
The ancient Tolls for ſupporting the Piers ſhall be paid.
Ditto, S. 19.
All Ships Britiſ built, and manned according to the Act of Navigation, belong- Ditto, S. 2.
ing to Great Yarmouth, ſhall be free from the ſaid Duty of 29. per Chaldron of
Coals, ſo as the Maſter, or ſome Mariner on his Behalf, produce a Certificate,
made upon Oath before the Mayor of Yarmouth, and under the Seal of Mayoralty,
that ſuch Ship does belong to rarmouth, and that the Inhabitants thereof are
Owners of the major Part of ſuch Ship.
By this Act Truſtees are appointed to put the then Act in Force, in the Room 25 Geo. IIe
of the Bailiffs and Burgeſſes of Scarborough. No Perſon is to empty any Ballaſt,
Rubbiſh, Duſt, Alhes, Earth, or Stones, into the Harbour, or lay any Logs, or
Floats of Timber, or other Materials, to ſet up any Ports, or incroach on the
Harbour to the Annoyance thereof, on Pain of a Fine to be levied by Order of
any two of the Commiſſioners, not exceeding 51. to be applied to the Uſe of the
Harbour. On Non-payment, the Offender to be committed to the County-Gaol
till paid, or compounded with five of the Commiſſioners.
ARUN DE L.
The Mayor of Arundel and others are appointed Commiſſioners to improve 6 Geo. II.
and preſerve the Harbour of Arundel; and it ſhall be lawful for the Commif- Cap. 12.8.1.
fioners, or any nine of them, to erect Piers and other Works.
There ſhall be paid to the Commiſſioners the Duties following, viz. For every Ditto, S, 2,
Chaldron of Coal, Grindſtones, or other Goods paying Duty to the King by the
Chaldron, which ſhall be exported or imported in the ſaid Port, Is. for every
Ton of Salt and other Goods paying Duty or Freight by the Ton, ss. for every
Load of Timber, Wainſcot, Trenals, or other converted Timber, Is. for every
Load of Bark 25. for every Hundred of Spars, Ufirs, Pipe, Hogthead, or Barrel
Staves, is. for every Hundred of ſingle Deals is. 6d. of double Deals 25. of
three Inch Deals 25. 6d. for every Quarter of Wheat, Clover, and other Grains
and Seeds, 3d. for every Load of Flour and Meal 1s. and of Bran 6d. for every
Hogſhead of Wine or other Liquors is. of Sugar and dry Goods, gd. for every
Tierce thereof 6d. and for every Barrel of Pitch, or other Goods, 4d. for
every Bundle, Bale, and Cheſt of Hemp, Linnen, Woollen, Glaſs, Fruits, and
Earthen Ware id. per Hundred Weight; for every Hundred Weight of Allum,
and Goods paying Duty or Freight per Hundred Weight id. for every Hundred
Feet of paving Stone or Marble 25. for every Thouſand of Tiles, Bricks, or
Clinkers, is. for every Groſs of Bottles, Stone, or Glaſs, 3d. for every Barge,
or other Craft, paſſing through each Lock, is. for all Goods not enumerated,
One Twelfth of the uſual Freight from London to Arundel; for every Britiſh Ship
which ſhall load or unload (fiſhing Veſſels excepted) 3d. per Ton, according
to their light Bills; for every Britiſh Ship, which Ihall fail into the Harbour,
and ſhall neither load nor unload there, id. 29. per Ton ; for every foreign Ship
and for all Goods, imported or exported in foreign Bottoms, double Duties.
No Ship ſhall be cleared at the Cuſtom-houſe, till the Maſter produces a
Ditto, S.
Certificate that the Duties are paid or ſecured, &c.
When it ſhall appear to the Juſtices, and be certified by them, that the Com-
miſſioners are reimburſed the Monies borrowed, one half of the Duties ſhall
ceaſe,

3•
-
5
All
168
OF PORTS, 8c.
Ditto, S. 10. All Ships in the Port of Arundel are to moor and ballaſt in ſuch Places as the
Maſters ſhall be directed, &c.
This Act ſhall be a publick Act, &c.
S. 15.
RIVER Dee at CHESTER.

17
Geo. II.
P. 571.
Coals,
By an Act made 6 Geo. II. intitled, An Act to recover and preſerve the Navia
gation of the River Dee in the County Palatine of Cheſter, reciting that, by an
Act made 11 and 12 Will. III. intitled, An Axt to enable the Mayor and Citizens
of Cheſter to recover and preſerve the Navigation of the River Dee, reciting, that
P. 372.
the ſaid River Dee was heretofore navigable for Ships of a conſiderable Burden,
from the Sea to the City of Cheſter; but, by Neglect, and for Want of ſufficient
Banks and Fences on the Sides thereof, againſt the Flux and Reflux of the Sea,
the Channel was become ſo uncertain, that the Navigation was almoſt loſt; the
Mayor and Citizens of Cheſter, and their Succeſſors, were empowered to make
the ſaid River navigable from the Sea to the faid City, for Ships of one Hundred
Tons or upwards; and certain Duties in the ſaid A&t mentioned were laid upon
ne, and Limeſtones, brought to the ſaid City, for the Term of twenty-
one Years, and the Property of the Sands, Soil, and Ground therein mentioned,
was immediately, after the ſaid River and Channel ſhould be made navigable
for ſuch Ships to and from Cheſter, to be veſted in the Mayor and Citizens, and
their Succeffors, for ever; and they were at Liberty to encloſe and improve the
ſame, and receive the Profits thereof, and apply the ſame for maintaining and
repairing the intented Works and Fences, and for making ſuch further Works,
from Time to Time, as Occaſion ſhould require, for making and keeping the ſaid
River navigable: And reciting, that ſeveral conſiderable Sums had been laid out
purſuant to the faid Ad, but the Rivcer was not made navigable, the Proviſions
for making it ſo being inſufficient, and the Time thereby granted, for making
the ſame navigable, was expired : And reciting, that the Sands, Soil, and Ground,
not bearing Graſs, commonly called the White Sands, from Cheſter to the Sea,
and lying between the County of Cheſter, on the North Side, and the County
of Flint on the South, are of great Breadth in moſt Places; and that the River's
not being navigable was chiefly owing to the Breadth of the Sands, and to the
Shifting of the Channel, as the Winds and Tide varied; and that the ſaid Sands,
Soil, and Ground were not, nor were likly to be, of any Benefit to any Perfon
whatſoever, unleſs the River was bounded in, and made navigable by Sea Walls,
which required a very great Expence, as well to erect, as to maintain and
repair from Time to Time, as occaſion ſhall require; but that yet, if the ſaid
Sands, Soil, and Ground, were recovered from the Sea, by Sea Walls, and the
Channel thereby confined to one certain Courſe, it would not only effectually
make the River navigable, but that veſting the White Sands in the Undertakers,
would be a conſiderable Encouragement to the Undertaking thereof: And recit-
ing, that the making the ſaid River navigable, would be a Means to advance the
Trade of the City, and that a great Benefit would accrue thereby to the Inhabi-
tants, and to the Towns and Countries adjacent, as alſo be a Means to increaſe
the Number of Seamen and Watermen, and to promote the publick Good of this
Kingdom; Nathaniel Kinderly, in the ſaid Ad named, his Heirs, and Aſſigns,
and ſuch Perſons as he, &c. Thould appoint, were, by the faid Act of 6 Geo. II.
appointed Undertakers of the ſaid Navigation, and impowered, at their own
Charges, to make and keep the ſaid River Dee navigable from the Sea to Wilcox
Point, that there ſhould be fixteen Feet Water in every Part of the River za
moderate Spring Tide, for Ships to come and go to and from the faid City; and
to that End, to make the Channel to run through the White Sands, or the com
mon Salt Marſhes adjoining, or through the Marſhes of John Wright, Efq;
commonly called Brewers-Hall Marſh, as they ſhould think fit, and the ſaid
ta Nathaniel Kinderley, his Heirs, Aſſigns, and Nominees, had farther Powers
granted them by the faid Act, as therein mentioned ; and as they would nefer
Larily be at a very conſiderable Expence in making the River navigable, and
keeping up the fame, it was by the faid Ast of 6 Geox N. chågede tlaat heamer
diately

P. 573

4
OF PORTS, &c.
169
diately after the ſaid Nathaniel Kinderley, his Heirs, Afligns, or Nominees, ſhould
make the ſaid River Dee navigable and paſſable for Ships in Manner as aforeſaid,
all Merchants and Proprietors of any Goods that ſhould be brought into the
ſaid River and Channel, and that ſhould be loaded at, or ſhipped off, or ſent
from Cheſter, or from any other places between the ſaid City and Park-Gate in.
the County of Cheſter, on the North Side of the ſaid River, and between the
City of Cheſter and Town of Flint in the County of Flint, on the South Side of
the ſaid River, ſhould pay to the ſaid Nathaniel Kinderley, his Heirs, &c. ſeveral
Duties in the ſaid Act mentioned; alſo certain Sands, Marſhes, and Salt Graſs,
and other Lands therein mentioned, were, ſo ſoon as the ſaid River was made
navigable, veſted in the Undertakers, for their proper Uſe, under the Proviſos
in the ſaid Act mentioned ; and Commiſſioners were appointed by the faid Act,
for ſettling all Matters, about which any Difference ſhould ariſe between the
Undertakers and Proprietors of any of the Lands adjoining to the River; and
the Commiſſioners were thereby empowered to ſettle and aſſeſs Recompence to
be made for Damages that might happen to any of the Lands or Fiſheries, by
Reaſon of the ſaid Navigation : And the Undertakers were directed to inveſt P. 575.
10001. in South-Sea Annuities, or other Government Securities, in the Name
of Thomas Revel, Yohn Manley, and Benjamin Hoare, Eſqrs. and John Bland,
Banker, to anſwer the Damages laſt mentioned, for three Years after the Navi-
gation ſhould be fully completed : And it was thereby alſo enacted, that if the
faid Undertakers ſhould not begin before the 24th Day of June, 1735, and
make the ſaid River navigable, according to the true Meaning of the Act, on or
before the 24th Day of June, 1742, all and every the Powers and Intereſt of the
ſaid Nathaniel Kinderley, his Heirs and Nominees, ſhould be utterly void ; and
that it ſhould not be lawful for any Proprietor or Undertaker, or their Heirs,
or any Perſons claiming under any of them, to diſpoſe of their Intereſt in the
ſaid Undertaking, or any Share thereof, until ſuch Time as the ſaid River ſhould
be made navigable : And the ſaid Nathaniel Kinderley did afterwards, by an In-
ftrument in Writing, dated the 9th Day of July, 1733, and duly executed
declare, that his Name was made uſe of in the ſaid Act of 6 Geo. II. in Truſt
for Thomas Watts, and Richard Manley, Eſqrs. and ſuch other Perſons as they
ſhould appoint to be concerned in the ſaid Undertaking; and the ſaid Naihaniel
Kinderley did afterwards duly nominate certain Perſons, being forty in Number,
to be Undertakers of the Navigation: And by Indenture Quadrupartite, made
April 9, 1734, between Nathaniel Kinderley, of the firſt Part, Thomas Watts and
Richard Manley, of the ſecond Part, yoſeph Davis and William Parſons of London,
Gentlemen, of the third Part, and ninety other Subſcribers to the ſaid Indenture,
or to the Schedule thereof, of the fourth Part, and duly
y executed by all the
faid Parties, it was agreed, that the ſaid Subſcribers ſhould raiſe a joint Stock
of 40,0001, in the Manner and on the Truſts therein mentioned; which Truſts
were, amongſt other Things, to lay out the 1000l. to be depoſited as a Fund
to anſwer the Damages before ſpecified ; and alſo to lay out ſuch Sums as ſhould
as ſhould P. 576.
be neceſſary to recover and preſerve the Navigation of the River Dee; and the
Refidue (if any) of the ſaid 40,000l. was to be in Truſt for the ſaid Subſcribers,
in Proportion to the Sums by them reſpectively paid in: And it was by the ſaid
,
faid Act made
payable to, and the Sands, Soil, Ground, Marſhes, and Salt Graſs, thereby
veſted in the ſaid Nathaniel Kinderley, his Heirs, &c. ſhould remain to the Uſe
of the ſaid Subſcribers in Proportion to the Sums by them reſpectively paid:
It was alſo agreed, that the faid joint Stock of 40,000l. Thould be divided into
400 Shares each conſiſting of 100l, and that each of the Subſcribers ſhould
be entitled to ſo many Shares as he ſhould have ſubſcribed and paid in 1ool, and
ſeveral Proviſions were made for the Management of the Undertaking, for reco-
vering and preſerving the Navigation, and of the Affairs relating thereto. And
the ſaid Undertakers, the Affigns or Nominees of the faid Nathaniel Kinderley,
between the 27th of Auguſt and 9th of November, 1735, did inveſt 10,000l. in
the Purchaſe of 9290l. Old South Sea Annuities in the Names of Thomas Revel,
John Manley, Benjamin Hoare, and John Bland, as Truſtees for the Purpoſes in
the ſaid Ac mentioned ; and the ſaid Benjamin Hoare afterwards refuſing to accept


xx
the
OF PORTS, &c.

ز
of Neapon
; a , ,
the ſaid Stock in the South Sea Company's Books, or to act in the ſaid Truſt,
the Annuities were in Purſuance of a Decree of the High Court of Chancery,
made the 18th Day of February, 1737, transferred into the Names of Thomas
Revel, John Manley, and Yohn Bland, upon the ſame Truſts : And the Under-
takers began the ſaid Undertaking, before the 24th Day of June, 1735, and
laid out the Monies advanced upon the ſaid Indenture, in making the Depoſit of
10,000l. in South Sea Annuities, &c. and great Progreſs was thereby made in
P. 577. recovering the ſaid Navigation ; but the ſame not being perfected, and it being
neceſſary to raiſe further Monies for that Purpoſe, it was by Deed-Poll, bearing
Date the 17th Day of Auguſt
, 1736, agreed to advance Tenuper Cent. more, on
each of their reſpective Subſcriptions, for the Purpoſes in the ſaid Indenture
expreſſed concerning the ſaid 40,000) and afterwards there being a Neceſſity to
raiſe further Monies for the perfecting the Navigation, by another Deed-Poll,
bearing Date: March the 3d. 1736, it was agreed by the Subſcribers thereto, to
advance 20 per Cent. more on their reſpective Subſcriptions : And the Subſcri-
bers to the ſaid Indenture, and to the Deeds-Poll, and Undertakers of the Navi-
gation, having paid in 47,8301. the ſame was laid out in making the ſaid De-
poſit, and in cutting a new Channel for the River Dee, through the adjacent
Marſhes, near ten Miles in Length; and making a Dam and sluices crors the
old Channel, and deepening thereof, and making other Works neceſſary, for
the recovering and preſerving the Navigation, and the Charges neceſſarily attend-
ing the Undertaking; and the River was, in April, 1737, turned into the new
Channel, and hath ever ſince continued to run through the fame; and ever ſince
Ships and Veſſels of conſiderable Burden have failed through the new Channel
up to Wilcox Point ; and the Undertakers being, by the ſaid A&, directed and
impowered to make and keep the River navigable from the Sea to the ſaid Point;
that there ſhould be fixteen Feet Water in every Part of the River at a moderate
Spring Tide, for Ships to come and go to and from the ſaid City, ſeveral
P. 573. Trials and Soundings were made, to aſcertain the Height the Water flowed to,
at a moderate Spring Tide, and thereby the ſame was fixed to be level with the
Height of nine Feet above the Apron of the ten Gate Şluice, Part of the Works
the ſaid ten Gate Sluice, on which the Height of nine Feet from
the Apron of the ten Gate Sluice was marked, and ſet for the Standard Height
of the Water at a moderate Spring Tide, and the ſame has fince been commonly
called the Standard ; and the Undertakers finiſhed the Undertaking in making
the faid River navigable, according to the Intent and true Meaning of the faid
recited Act of 6 Geo; II. before March 25, 1749, and have ſince that Time been
at very great Expences in keeping the ſame navigable, according to the true
Meaning of the Aą; and the joint Stock of the ſaid Undertaking having been
laid out as aforeſaid, and proving infufficient for ſecuring the Works, and inclof-
ing and improving the Sands and Grounds veſted in the ſaid Undertakers, at a
general Meeting held December 11, 1740, they did agree, that the ſaid joint
Stock ſhould be increaſed to 52,000l, and that Application, Ihould be made to
Parliament to incorporate the Undertakers: And by one other Act made 14
Geo. II. intituled, An Ag for incorporating the Undertakers of the Navigation of
the River Dee, it was amongſt other Things enacted, That William Allix, and
the ſeveral other Perſons therein named, Proprietors of the Undertaking, and
the Repreſentatives of ſuch Subſcribers to the ſaid Indenture or Deeds-Poll as
were dead, their ſeveral and reſpective Succeſſors, &c. ſhould be erected into
one Company for the Purpoſes aforeſaid, and be incorporated by the Name of
P. 576. The Company of Proprietors of the Undertaking for recovering and preſerving the
Navigation of the River Dee, and have perpetual Succeſſion, and a common Seal,
and have Power to do all ſuch Acts as the ſaid Nathaniel Kinderley, his Heirs,
&c. might have done, by Virtue of the ſaid Act of 6 Geo. II. and to take all
fuch Duties, Tonnage Dues, and Payments whatſoever, as the ſaid Nathaniel
Kinderley, his Heirs, &c. were empowered to do by the faid Act; and to em-
bank, incloſe, improve, and apply to the Uſe of the ſaid Company, the White
Sands
, Soil, and Ground, and other Lands whatſoever, by the faid A& veſted
in the faid Nathaniel Kinderley, his Heirs, &c. upon the Terms in the ſaid Act
mentioned, in the ſame Manner as the ſaid Nathaniel Kinderley,' his Heirs, &c.
might
in I
I

OF PORTS, &c.
171
ز
might have executed the ſame, by Virtue of the faid Ad, ſubject to the Limi-
tations, &c. in the ſaid A&t mentioned ; as by the Act of 14 Geo. II. will more
fully appear : Aad the Ton nage Rates and Duties, which, by the faid Act 6
Geo. II. are charged for all Goods brought into, or loaded in the ſaid River,
are by Experience found to be too high, and a Diſcouragement to the Trade of
the City; and the Mayor and Citizens of Cheſter, and the Merchants and Traders
of Cheſter, have therefore requeſted the Company of Proprietors of the Under-
taking to conſent that the fame may be repealed, and that in Lieu thereof eaſier
Tonnage Duties may be appointed, which the ſaid Company have conſented to ;
the doing whereof will be an Encouragement to Trade, and for the common
Good of the Undertaking, that the faid Acts of 6 and 14 Geo. II. ſhould be ex-
plained and amended, in the ſeveral other Particulars hereafter mentioned
It is therefore enacted, that after May 25, -1744, the ſaid ſeveral Rates of Ton- P. 580.
nage, payable to the ſaid Company of Proprietors, by the ſeveral Acts before re-
cited, or either of them, ſhall be no longer payable ; and that ſo much of the
ſaid Acts as relate to the Payment thereof, ſhall be abſolutely repealed.
After May 25, 1744, there ſhall for ever be paid unto the ſaid Company, and
their Succeffors, or to their Collectors, for every Ship, Sloop, Hoy, Bark,
Barge, Lighter, Boat, or other Veſſel, coming into, or going out of, or navi-
gating in the River, and new Channel, with any Goods or Merchandize (Lead,
Oyſters, Slates, and paving Stones, excepted) by the Maſter or Owner of ſuch
Ship, &c. or other Veffel (every of whom are by this Act made liable to the
fame) the ſeveral Rates, Tonnage, Keelage, or Duties
, according to the full
of their Reach and Burthen, herein after particularly deſcribed, for every Ton
of Burthen of ſuch Ship, &c, or other Veſſel, that is to fay, for every Ship
or other Veffel coming to, or going from, the City, of Cheſter, or to, or from
any other Place, between the City of Cheſter and Park-Gate, on the North Side
of the River, and between the City of Cheſter and the Town of Flint, on the P. 581.
South Side of the River, to or from any Part of Great-Britain or Wales, or the
other Places or Countries herein after-mentioned, the ſeveral Rates and Duties
following ; that is to ſay, for every Ship, Sloop, Hoy, Bark, Barge, Lighter,
Boat, or other Veffel, going to, or coming from any part of Great Britain or
Wales, between the ſaid City and St. David's-Head, or Carliſle, for every Ton
2d. and for every Ship, &c. going to, or coming from any Place between St.
David's-Head and the Land's-End, or beyond Carliſle, to any Part in, or on this
Side the Shetlands, or to, and from the Iſle of Man, for every Ton 3d. and
for
every Ship, &c. going to, or coming from any Part of Ireland, for every Ton
4d. and for every Ship, &c. going to, or coming from any Place, up the
King's Channel, beyond the Land's-End, or beyond the Shetlands, for every
Ton 4d. and for every Ship, &c. going to, or coming from every Part of Nor-
way, Denmark, Holftein, Holland, Hamburgh, Flanders, or any part of France,
without the Streights of Gibraltar, or the Idlands of Guernſey or Jerſey, for every
Ton 8d. and for every Ship, &c. going to, or coming from any Place in
Newfoundland, Greenland, Rufria, and within the Baltick, Portugal, or Spain,
without the Streights, Canaries, Madeiras, Weſtern-Iſles, Azores, for every Ton
is. and for every Ship, &c. going to, or coming from any Place in the Weſt-
Indies, Virginia, or any other Part of America, Africa, Europe, or Afa, within
the Streights, or not named before, any Part of Africa without the Streights, or
Cape de Verd Iſles, for every Ton is. and 6d. For every Sloop, Hoy, Bark, &c.
carrying Goods from, or bringing Goods to the City of Cheſter, or through any
Part of the ſaid new Channel, in order to be put on board, or diſcharged from
any Ship, &c. lying at Park-Gate, Flint, or any other Place within the Port
of Cheſter, and below the ſaid new Channel, made by the ſaid Undertakers, for P. 582.
every Ton 2d. and fo in Proportion for a greater or leſs Quantity than a Ton;
ſuch Duties to be paid at the Time of ſuch Ship or other Veſſel's Diſcharge,
either inwards or outwards, at the Cuſtom-houſe in the Port of Cheſter, ſo as no
Ship or other Veffel ſhall be liable to pay the Duty but once for the ſaid Voyage,
both out and home, notwithſtanding ſuch Ship or other Veſſel may go and
return back, with a Lading of any Goods or Merchandiſes.
And

172
O F PILOTS, &c.
P. 583.
And by the faid Act of 6 Geo. II. it is (among other Things) provided, that
if any Ship or Veſſel, employed by the Cheeſemongers of the City of London, in
the Cheeſe Trade to the City of Cheſter, ſhould not go up to the City, or within
any Parts of the intended Works of Navigation, but ſhould have their Lading
put on board ſuch Ship or Vefſel, by Boats or Keels, 6d. per Ton, and no
more, ſhould be paid to the faid Nathaniel Kinderley, his Heirs, &c. by the
Maſter or Owner of every ſuch Boat or Keel, for all Cheeſe or Lead, fo to be
put on board ſuch Ship or Veſſel, in full Satisfaction and Diſcharge of all Duties
and Tonnage whatſoever ; it is hereby further enacted, that after the 25th of
Máy, 1744, the ſaid Duty of 6d. per Ton, made payable by the above recited
Proviſo, ſhall ceaſe, and be no longer payable ; and that, in Lieu of the ſaid
Duty of 6d per Ton, for ſuch Boats or Keels, a Suin of 2d. per Ton, and no
more, ſhall from May 25, 1744, be paid to the ſaid Company, and their Suc-
ceſſors, by the Maſter or Owner of every ſuch Boat or Keel, carrying Cheeſe,
(Lead being exempted by this Act from the Payment of any Tonnage) to be
put on board ſuch Ship or Veſſel, in full Satisfaction of all Duties and Tonnage
whatſover.
All Ships, &c. or other Veſſels, coming into, or going out of the ſaid River,
and new Channel, and liable to the Payment of the Duties of Tonnage, by this
Act impoſed, ſhall be meaſured, by taking the Length of the Keel, fo much
as ſhe treads on the Ground, and the Breadth to be taken by the Midſhip Beam
from Plank to Plank, and half that Breadth ſhall be accounted for the Depth
of every ſuch Ship or Vefſel; then multiply the Length by the Breadth, and
the Product thereof by the Depth, and divide the Whole by ninety-four, and
the Quotient ſhall give the true Contents of the Tonnage ; according to which
Method, all Ships, and other Veſſels, ſhall be meaſured, and the ſeveral Duties
of Tonnage thereby be computed, and collected accordingly.
If the Lading of any Ship, or other Veſſel, which ſhall be liable to the Pay-
ment of the Duties of Tonnage, impoſed, and payable by this Act, according
to the Burthen of ſuch Ship or other Veſſel, by Admeaſurement thereof, in
Manner as before directed, thall conſiſt partly of Lead, Oyſters, Slates, or
Paving Stones (which are exempted by this Act from the Payment of Tonnage)
and partly of other Wares and Merchandizes, in Reſpect whereof ſuch Ship
or Veſſel will be liable to the Payment of the Duties and Tonnage by this AX
impoſed; in every ſuch Caſe, there ſhall be'a Deduction made from the Ton-
nage of every ſuch Ship, or other Veſſel, in Proportion to the Quantity of ſuch
Lead, Oyſters, Slates, or Paving Stones, contained in every ſuch Ship or other
Vefſel.
P. 584. In all Caſes where Skins or Wool ſhall be imported, ſuch Skins or Wools
ſhall pay the Rates of Tonnage by Weight only, and not according to the Bur-
then of ſuch Ship, or other Veſſel, by Admeaſurement thereof; and where the
Lading ſhall conſiſt partly of Skins, or Wool, or both of them, and partly of
other Wares and Merchandizes, in Reſpect whereof ſuch Ship or Vefſel will be
liable to the Payment of the Duties of Tonnage by this Aż impoſed, a De-
duction ſhall be made from the Tonnage or Burthen of ſuch Ship, or other
Veſſel, in Proportion to the Weight of ſuch Skins or Wool; and if any Diſ-
pute ariſes concerning the true Weight of ſuch Skin or Wool, the Importer
ihall, at his own Coſts and Charges, provide proper and convenient Weights,
Beams, and Scales, for weighing the ſame.
If the Maſter, or other Perfon, taking Charge of any Sloop, Hoy, &c. carry-
ing Goods from, or to the City of Cheſter, or through any part of the ſaid new
Channel, in order to be put on board, or diſcharged from any Ship or other
Veſſel, lying at Park-Gate, Flint, or any other place within the ſaid Port of
Cheſter, and below the ſaid new Channel, &c. or carrying any Goods from, or
to the City of Cheſter, to, or from any Part of Wales, ſhall chuſe to pay the
Duty, and Tonnage, according to the Weight and Quantity of the Goods, and
not according to the Burthen of the Sloop, &c. by the Admeaſurement thereof;
and ſuch Maſter, &c. ſhall make ſuch Declaration, upon entering of any ſuch
Sloop, &c. inwards. or outwards ; in ſuch Caſe, the Duty and I'onnage ſhall
be paid according to the Weight of the Goods, and not according to the Bur-
then of ſuch Sloop, &c. by Admeaſurement thereof.
P. 585.
2
In

OF PORTS, &c.
173
In Caſe any Diſpute ſhall ariſe between the Collector of the Tonnage pay-
able by this Act, and the Maſter or other Perſon having. Charge of any Ship;
or other Veſſel, ſuch Collector ſhall weigh, meaſure, or gauge all Goods, Wares,
or Merchandizes, at the Time of the ſhipping or unthipping thereof; and if
ſuch Goods ſhall, upon ſuch Weighing, Meaſuring, or Gauging, appear to be of
as great, or greater Quantity, than ſuch Collector did affirm and infift
, the ſame
to be, before the Weighing thereof, &c. the Maſter, &c. taking Charge of the
ſaid Veffel, ſhall pay the Colts and Charges of ſuch Weighing, Meaſuring, &c.
The ſeveral Rates of Tonnage payable by this Act, ſhall be paid by the
Maſters, or Owners, of every ſuch Ship or Veſſel, before they ſhall be cleared
inwaras or outwards, by any of the Officers of his Majeſty's Cuſtoms, at the
Port of Cheſter ; and if any ſuch Officer ſhall clear any Ship, until the Maſters
produce an Acquittance; or if any Maſter refuſe, or neglect, to pay the ſaid
Duty, the Offender ſhall, for every Default, forfeit 20l. to the Company, &c.
The laid Collectors may go on board any Ship, Hoy, &c. to take the Di- P. 586.
menſions thereof, and to demand the Duties payable by this Act; and for Non-
payment thereof, or Refuſal to let ſuch Officer take the Dimenſions, he may
diftrain, and, after ten Days, ſell the Diſtreſs, &c.
It is provided by the Act 6 Geo. II. that Nathaniel Kinderley, his Heirs, P. 587.
& c. ſhall make a Wet Dock for the Ships to lie in; and that there thall be paid
to Nathaniel Kinderley, &c. for every Ship or Veſſel, loaden within the ſaid
Dock, ed. per Ton; the ſaid Duty is hereby altered to 6d. per Ton, and no
more, &c.
The Term of three Years after completing the ſaid Work of Navigation P. 588.
being expired, and the Truſtees of the 10,000l. Depoſit, have, by Sale of Part
of the South Sea Annuities in which the ſaid 10,000l. was inveſted) raiſed, and
paid all the Monies that they have been ordered to be paid by them, by Virtue
of 6 Geo. II. and the Reſidue of the ſaid Depoſit, which, at preſent, conſiſts of
71801. 35.
8d. Old South Sea Annuity Stock, now remains in the Names of the
laid Thomas Revel and John Bland, the Survivors of the ſaid Truſtees (John
Manley being dead) it is enacted, that they ſhall, on or before the 25th Day of
May, 1744, transfer to the Company and their Succeſſors, the ſaid 71801. 35. 8d.
remaining in their Hands or Names.
The Tonnage Duties, ariſing by this Act, ſhall, at all Times hereafter, be P. 589.
liable to anſwer the Damages, in the Act of 6 Geo. II. mentioned, under the
fame Regulations, and ſubject to be levied and applied to the fame Uſes, as the
Duties of Tonnage, impoſed by the ſame AC (and hereby repealed) were
thereby made ſubject to.
In Caſe the Tonnage Duties ſhall not be ſufficient to pay ſuch Damages,
then all, and ſingular the White Sands, and all other the Premiſes, by the faid
Act of 6 Gea. II. veſted in Nathaniel Kinderley, &c. and, by the ſaid ſubſequent
Act of 14 Geo. II. in the ſaid Company, and their Succeffors, are hereby de-
clared to be ſubject to the Payment, or Satisfaction, for all ſuch Damages, as
Ihall be directed to be paid, in Purſuance of the ſaid Act of 6 Geo. II.
The River being ſubject in dry Seaſons to be filled up with Sand, ſo that, at
a moderate Spring Tide, it may frequently happen, that there may not be fix-
teen Feet Water in every Part of the River, until the ſaid Sands ſhall be re-
moved, by the Freſhes coming down the River ; it is therefore enacted, that,
inſtead of fixteen Feet Water, at a moderate Spring Tide, the ſaid Company
and their Succeſſors ſhall, at all Times hereafter, maintain the ſaid River Dee,
from the Sea to Wilcox Point, that, on the Computation of a moderate Spring
Tide, as marked on the Standard, there ſhall be fifteen Feet Water in every
Part of the Channel, for Ships and Veſſels to come and go, to and from the
The Mayor, &c. of the City, ſhall appoint.one proper Perſon, and the Com- P. 590.
pany another, which Perſons are hereby conſtituted the Superviſors of the Na-
vigation of the River Dee, and each of them ſhall have full Power to found the
faid River, or any Part thereof, for three ſucceſſive Tides, as often as they fall
be required fo to do by the ſaid Mayor, &c. or the ſaid Company, or the Col-
lectors appointed to receive the Tonnage, and if, upon any iuch Soundings ſo
made, the Channel of any Part of the River ſhall appear to be choaked up, ſo that
there
ors, the laid 71801.30-18
faid City.
to and
Y y
17*
OF PORTS, &c.
.

cleanfe and decbecome
P. 591.
P. 592.
there would not, át a moderate Spring Tide (according to the Height marked
on the Standard) be in the Channel of every part of the River, from the Sea to
Wilcox Point, fifteen Feet Water; and, in Caſe either of the Superviſors ſhall
make an Affidavit thereof in Writing, before any Juſtice of the City or County
of Cheſter, deſcribing the particular Parts of the River, which ſhall be too ſhal-
low, &c. and, if the ſaid Company fhall, for the Space of four Kalendar
Months, ſuffer the ſaid River to continue choaked up, ſo that, on the Com-
putation of a moderate Spring Tide, as marked on the ſaid Standard, there ſhall
not be fifteen Feet Water in the Channel, &c. as often as the ſaid Event ſhall
happen, the Payment of the Tonnage Rates ſhall be ſuſpended, and not collected
until the faid Depth of fifteen Feet hall be regained ; from which Time the
Tonnage Duties ſhall be again revived, and become payable as before, and ſo
toties quoties.
If the Company neglect to cleanſe and deepen the River eight Months after
the ſaid Term of four Months ſhall be expired, ſo that, on a Computation of a
moderate Spring Tide, &c. there ſhall not be fifteen Feet Water in the Channel,
&c. the Commiſſioners impowered by the AC 6 Geo. II. at a Meeting to be
held for that Purpoſe, of which twenty Days Notice ſhall be given in the
London Gazette, and by fixing Notice in Writing on the Caſtle Gate of Cheſter,
by Warrant under their Hands, ſhall appoint proper Perſons, to enter into
and upon the White Sands, Lands, &c. by this or the former Acts veſted in
the Company, and to take Poſſeſſion thereof, and receive the Rents and Profits
thereof, and to diſtrain for the ſame, as they ſhall ſee Occaſion, till they have
received ſo much Money, as lhall be neceffary to defray the Charges, occafioned
by ſuch Diſtreſs or Entry reſpectively, ſo as ſuch Poffefſion, Receipt or Rents,
and Powers of Diſtreſs, ſhall not extend to avoid any Leaſe,
Leafe, which
may
here.
after be granted by the Company to any Tenant, at the improved Rent, with-
out taking any Fine for the ſame, or to compel ſuch Tenant
to pay any more
than the Arrears of Rent really due; and ſo as ſuch Poſſeſſion, Receipt of Rents,
and Power of Diſtreſs, ſhall continue no longer than until the Depth of fifteen
Feet ſhall be regained ; and the Money expended in regaining thereof, and the
Charges occafioned by ſuch Entry, Poffeffion, and Diſtreſs, ſhall be ſatisfied,
and the Money ſo to be raiſed and received, ſhall be employed for thoſe reſpective
Purpoſes, as the major part of the ſaid Commiſſioners ſhall direct.
Provided, that no ſuch Order made by the faid Commiſſioners ſhall be binding
unleſs thirteen, at leaſt in Number ſhall be preſent at ſuch Meeting.
The ſaid Superviſors ſhall (if required) weekly found the River, and ſhall make
an Affidavit in writing of the Truth of ſuch Soundings.
The Superviſors ſhall at the Expence of the Company, on or before the 29th
of September, 1744, cauſe to be erected in ſuch Parts of the River as they ſhall
think fit, two or more Piles of Timber or other durable Materials, to be therein
fixed, ſo as the Tops thereof ſhall be exactly level with the Height of nine Feet
above the Apron of the Ten Gate Sluice, as the ſame is marked on the Standard,
which Piles and Standard ſhall for ever hereafter be kept in Repair and renewed
as Occaſion ſhall require; and if any Perſon ſhall wilfully damage or deſtroy
the ſame they ſhall for every ſuch Offence forfeit 2001. &c.
Two Ferry-Boats Thall, at all Times after May 25, 1744, he conſtantly kept
by the ſaid Company and their Succeſſors, at their own Expences, at ſuch Parts
of the new Channel, as the Ferry-Boats already appointed have worked at, ſince
the making the ſaid Navigation, with proper and ſufficient Attendants, and all
ſubſtantial and effectual Ropes, Tackle, and Neceſſaries proper thereunto, for
the publick Uſe and Benefit of all his Majeſty's Subjects, paſſing and repaſſing
in thoſe Parts; and the Perſons attending ſuch Boats ſhall ferry over all Paffen-
gers when required, without being paid
any Thing for the ſame.
The Commiſſioners appointed by the A& 6 Geo. II. or any thirteen of them,
at any of their Meetings, may ſet out one or more convenient Roads, in any
Places over the Sands, Soil, and Ground, veſted in the Company, lying on the
North Side of the New Channel, within the Extent of the ſaid Channel, to lead
to and from the ſaid two Ferries, or either of them, to the ſaid City of Cheſter
and to the Towns of Shotwicke and Shough-Hall, in the Hundred of Worral, in
the
P. 596.
2

ÖF PORT S, &c.
175
the ſaid County of Cheſter; and every ſuch Road ſhall be for ever maintained and
repaired at the Expence of the Company and their Succeſſors
.
If the ſaid Company and their Succeſſors ſhall nèglect to maintain and repair' P. 597.
the ſaid Roads, or to ſupply ſuch Ferry-Boats with ſufficient Attendants, &c. on
every ſuch Neglect the ſaid Commiſſioners, impowered by the Act of 6 Geo. II.
may affeſs on the ſaid Company ſuch reaſonable Penalty as they ſhall think
fit, &c.
The ſaid Company, aſſembled in a general Court, ſhall have Power to call in
from their Members proportionably, according to their reſpective Shares in the
Capital Stock, any further Sums of Money, as by ſuch general Court ſhall,
from Time to Time, be judged neceffary, not exceeding with the Call of Five
per Cent. already made, purſuant to the ſaid former Act, in the Whole the Sum
of Forty per Cent, and if any Members, &c. who have or ſhall be required to
pay in Money upon any Calls, &c. Thall neglect to pay their Share of the Money
fo called for, at the Time appointed, by Notice in the London Gazette, and on
P. 598.
the Royal Exchange in London, the ſaid Company may not only ſtop the Share
Dividend, and Profit, which ſhall become payable to ſuch Members ſo neglecting
and apply the ſame towards Payment of the Share of Money ſo called for, till
the ſame ſhall be ſatisfied, but alſo may ſtop the Transfers, or Aſſignments of
the Shares of every ſuch Defaulter, with Intereſt after the Rate of Eight per
Cent. per Ann. for the Money, ſo by them omitted to be paid, from the Time
the ſame was appointed to be paid, until the Payment thereof; and the
Shares and Stock-Shares, and Stocks of ſuch Defaulters, ſhall be liable to make
good the Monies fo appointed to be paid, and Intereſt as aforeſaid ; and, if the
Principal and Intereſt ſhall be unpaid, by the Space of three Months, then the
Company, &c. ſhall have Power to ſell and affign ſo much of the ſaid Stock of
fuch Defaulter, as will ſatisfy the fame, rendering the Overplus (if any be) to
the Proprietors; and the Money ſo called for and paid in, ſhall be deemed Capital
Stock, &c.
The faid Joint Stock of the ſaid Company, created and eſtabliſhed, in Pur-
ſuance of this and the former Act, and the Share and Intereſt of each particular
Member thereof, ſhall be deemed, in all the Courts of Law and Equity, and
elſewhere, to be a perſonal Eſtate to all Intents and Purpoſes whatſoever, and not
a real Eſtate; and Thall go to the Executors or Adminiſtrators of the Perſons
dying poffeſſed thereof, intereſted in, or entitled thereto, and not to the Heirs
of ſuch Perſons; and the Proprietors of the ſaid Joint Stock, their Executors,
&c. Thall be reſpectively entitled to all the Benefits and Advantages by the firſt
recited Act, veſted in Nathaniel Kinderley, his Heirs, &c. in Proportion to their
reſpective Intereſts in the Joint Stock of the ſaid Company,
The Method of aſſigning, transferring, and accepting of any Intereſt, in the
ſaid joint Stock, ſhall be in the following Form, viz
IA. B. in Confideration of
paid to me by C. D.de bereby
bargain, ſell, aſign, and transfer to the faid C. D.
in the Joint Stock of the Company of Proprietors of the Undertaking for recovering
and preſerving the Navigation of the River Dee, to hold to him the ſaid C. D. bis
Executors, Adminiſtrators, and
Aligns, ſubject to the Rules, Orders,
and By-Laws
of the ſaid Company.
Witneſs my Hand, the
Day of
P. 599
I, the ſaid C. D. do hereby accept of the ſaid
of the faid yoint Stock, fubje&t to the Rules, Orders, and By-Laws of the ſaid
Company .
Witneſs my Hand the Day andYear aforeſaid.
Which Transfer and Acceptance ſhall be ſigned in the Company's Books, to
be kept for that Purpoſe; and it being witneſſed by one Witneſs to the Signing
thereof, ſhall be valid to all Intents and Purpoſes.
Nothing in this Act, or in the Acts of 6 and 14 Geo.. II. or either of them con
tained, ſhall extend to hinder or reſtrain Sir John Glynne, Bart. Lord of the
Manor
P, 60
1
P. 603
176
OF PORTS, &c.
Manor of Hawarden in the County of Flint, his Heirs, &c. or any other Perſons
entitled to the right of Common thereon, from enjoying the Lands, Grounds, or
Salt Marſhes, lying on either Side of the Banks and Forelands of the new
Channel, c.
The new Channel, and the Banks, and Foreland on each Side thereof, and
the Foreland of the Breadth of twenty Feet, next adjoining to the outſide Foot
of the North Bank of the new Channel, and ſo much more of the common Salt
Marſhes next adjoining to the ſaid twenty Feet Foreland, as will be neceſſary for
making a convenient Ditch or Mound, to fence and ſeparate the ſaid twenty
Feet Foreland from the reſt of the common Salt Marſhes, and the ſeveral Pieces
of Marſh Lands containing three Acres and five Acres, ſhall be for ever here-
after veſted in the Company, &c. In Conſideration whereof, and as a Recom-
pence for ſuch Part of the Marth-Lands, as are hereby veſted in the Company,
and of all other Damages done to the Common Salt Marſhes, the ſaid Company
ſhall make good and keep in Repair the Foreland and Fences of the new Cut or
Channel, ſo as thereby to prevent the Common Salt Marſhes lying within the
Manor or Pariſh of Hawarden, or either Side of the new Cut, from being
deſtroyed or waſhed away, by the Flux or Reflux of Water through the ſaid
new Cut, or through the Gutters or other Inlets running through the Marſhes;
and in Caſe, at any Time hereafter, the common Salt Marſhes lying on either
Side of the new Cut, and within the Manor or Pariſh of Hawarden, or any Part
thereof, ſhall, in any one year, be ſo far injured or deſtroyed, by Reaſon of
the ſaid Forelands not being kept in Repair, or by Reaſon of the ſaid Navigation
or of any Works to be made in Purſuance of the faid Act 6 Geo. II. ſo that there
ſhall be thereby, in any one Year, the Quantity of Fifty Acres or more of Land,
Part of the faid Salt Marſhes, deſtroyed, from thenceforth, as often as the ſaid
Event ſhall happen, any fifteen or more of the Commiſſioners impowered by the
faid Act 6 Geo. II. or their Succeſſors, who ſhall be preſent at any Meeting to be
held for that Purpoſe, of which three Months Notice ſhall be given in the
London Gazette, and by affixing Notice in Writing thereof on the Caſtle Gate
of Cheſter, by Warrant under their Hands and Seals, to allot ſuch Quantity of
the Lands adjoining to the common Salt Malhes, by the former Acts or one of
them veſted in the Company, as ſhall be equal in Value to ſuch Part of the ſaid
Marſhes, as ſhall have been ſo waſhed away, by way of Recompence for the
fame; the Lands ſo to be allotted to lie as near the common Salt Marſhes as
conveniently may be; which Determination of the Commiſſioners íhall be final,
and binding to all Parties intereſted, unleſs the Company, or the Lord of the
Manor of Hawarden, or any Perſons having Intereſt in the ſaid Marſhes, ſhall
think themſelves thereby aggrieved, and ſhall make Application to the next
Court of great Seſſion for the County of Flint, to have the value of the Lands
determined by a Jury; in which Cafe, the Juſtices of the ſaid Court of great
Seflion ſhall cauſe the Value of the Land fo deſtroyed, and of the Lands to be
given in Lieu thereof, to be ſettled, affeſfed, decreed, and aſcertained by the
fame Rules and Methods, by which, by the Act of 6 Geo. II. they are im-
powered and directed to ſettle the Damage therein mentioned ; and ſuch Deter-
mination of the Juſtices of the faid great Seſſion ſhall not be removed, but bind-
ing and concluſive to all Intents and Purpoſes, &c. and the Lands fo decreed in
Lieu for ſuch Part of the ſaid common Salt Marſhes, which ſhall, by the Means
aforeſaid, be deſtroyed, ſhall for ever thereafter be the Property and Inheritance
of, and be enjoyed by the ſame Perſons and their Heirs who were before entitled
to a right of Common in the ſaid Salt Marſhes, under the like Limitations,
and with the like Advantage as they might have held the ſaid Marſhes in Caſe
they had not been deſtroyed; and, according to their reſpective Eſtate therein,
P. 604. diſcharged from the Rights of Entry and Diſtreſs, of any other Perſon what-
ſoever ; but the ſame ſhall not avoid any Leaſe, which may be hereafter really
granted by the Company to any Tenant or Occupier of any Part of the ſaid
Lands for any Term of Years not exceeding twenty-one, at the improved Rent,
without taking any Fine, or to compel ſuch Tenant to pay any more than the
Rent reſerved on ſuch Leaſe; and, if the common Salt Marthes, which, by the
Means aforeſaid, ſhall, in any one Year, be deſtroyed, ſhall not exceed fifty
Acres, the Commiſſioners appointed by the faid Act of 6 Geo. II. or any Jury




I
to
OF PORTS, &c.
177
1

P. 605,
If any
to be appointed in Purſuance of the ſaid Ad, shall decree what Recompence
Thall be paid by the Company, or their Succeffors, which Recompence ſhall be
paid to the Lord of the Minor of Hawarden, for the Time being, the Rector of
the Pariſh of Hawarden, for the Time being, and to Thomas Powis, &c. and
ſhall be by them applied for the Uſe of the Lord of the ſaid Manor, and the
Perſons having a right of Common in the common Salt Marſhes, lying within
the ſaid Manor of Hawarden, as the ſaid Commiſſioners, @c. with the Conſent
of the Lord of the ſaid Manor, 8c. ſhall direct or appoint; which Damages the
Lord of the ſaid Manor is hereby impowered to claim and make out accordingly; ;
and, if the Company, or the Lord of the Manor, ſhall be diſſatisfied with the
Determination of the Commiſſioners, they are hereby reſpectively impowered to
apply to the Juſtices at the next great Seſlion to be held for the County of
Flint, &c. in
Top
The Company ſhall keep five Ways, of the Breadth of twenty Feet each, and
at the Diſtance of one Mile, or thereabouts, from each other, oyer the Ditch or
Mound which is intended to fence the Bank and Forelands on the North Side
of the River, from the reſt of the Salt Marthes, for the Cattle feeding on the
Salt Marſhes, on the North Side of the Channel, to go to and from the 'faid
Channel to Water.
A Survey of the Marſh Lands on the South Part of the new Cut, and of the
Gutters and other Receptacles of Water therein, ſhall, on or before Sept. 29,
1744, be taken by two Surveyors, one to be appointed by the Company, and the
other by the Lord of the Manor of Hawarden, who ſhall truly ſurvey and ad-
meaſure the fame, and make an exact Plan thereof, diſtinguiſhing what Parts
thereof are firm Land, and what are Gutters or waſte Lands; and the Surveyors
fhall, within one Month after Sept. 29, tranſmit an atteſted Copy of ſuch Plan,
under their Hands, to the Clerk of the Peace of the County of Cheſter, to be
kept among the Records of the ſaid County, to which all Perſons may have Re-
courſe gratis, &c.
of the ſaid Gutters or waſte Lands to be deſcribed in the Survey, ſhall P. 606.
hereafter be filled up, and become firm Land and graſſed over, it ſhall be ſet
againſt the like Quantity of the Marſh Lauds which ſhall be waſhed away; and
the ſaid Company ſhall be obliged to make a Recompence only for the Reſidue
of the ſaid Marſh Lands, which may be deſtroyed as aforeſaid.
It ſhall not be lawful for the Company, or their under Tenants, &c. at any
Time hereafter, to build Cottages on the ſaid Pieces of Marſh Land, containing
three Acres, and five Acres, or on the Banks or Forelands on either Side of the
new Cut, or on the Foreland of twenty Feet in Breadth, herein before declared
to be veſted in the Company, without the Licence of the Lord of the Manor
within which the ſame ſhall lie, firſt obtained in Writing under his Hand and
and the faid Company, &c. ſhall not have any Right of Common on the
ſaid common Salt Marſhes, as appendant to the Soil of the new Cut, or the
Banks or Forelands thereof, &c.
This Act Ihall not extend to prejudice the Proprietors of any Royalties and
Liberties of Filhing and Fowling upon the River, &c.
Nothing herein, or in the ſaid AĞt of 6 Geo. II. containded, ſhall extend to
hinder Sir John Glynne, Owner of the Caſtle and Manor of Hawar den, or his
Heirs, from enjoying all ſuch Rights and Privileges, Royalties and Juriſdictions,
as he or his Anceſters might have done, in Cafe this or the ſaid former Act had
never been made; fo that ſuch Rights, &c. do not infringe on the Rights and
Powers given the Undertakers by the faid Act,
Nothing in this Act ſhall affect any Right or Property that John Theedam, of
the Inner Temple, London, Gent. his Heirs, &c. hath or have to the White
Sands, Lands, and Hereditaments in the former Act of 6 Geo. II. mentioned';
but the faid Rights, &c. ſhall remain to him, his Heirs, &c. for ever, as if this
Act had never been made.
No Perſon ſhall hang any Net or other Engine in, over, or acroſs the Channel
of the ſaid River, or fix any Stakes in the fame, or on the Banks thereof, to the
Prejudice of the Channel, or Hinderance of the Navigation.
Nothing in this Act contained ſhall take away or leſſen the Powers given by P. 603.
the ſaid Ad of 6 Geo. II, to the Commiſſioners appointed in Purſuance of the ſaid
Act



Seal;

P. 607.

Z la
178
OF PORTS, &c.
P. 609.
Act; but they ſhall have the ſame Powers and Authorities as they had before
the making this Act; and all other Clauſes and Things in the ſaid Act of ó and
14 Geo. II. which are not hereby repealed or varied, are ratified and confirmed.
All Actions and Suits at any Time heretofore commenced or proſecuted in any
Courts of Law or Equity, between the Mayor and Citizens of the ſaid City, and
the Company, or between any of the Merchants and Traders of the City, or
other Perſons, and the ſaid Company, relating to any of the Matters aforeſaid,
and depending at the Time of paſſing this Act, ſhall immediately ceaſe and be
diſcontinued, and no Actions or Suits ſhall be hereafter commenced or carried
on by the Company againſt the Mayor and Citizens of the ſaid City, in Reſpect
of the Uſe or Occupation, or of the Rents or Profits of ſuch Part of the Rood,
as by the faid Act of 6 Geo. II. was veſted in Nathaniel Kinderley, his Heirs, &c.
antecedent to the ſaid 25th Day of May, 1744, or againſt any of the Merchants.
or Traders of the City of Cheſter, or any Perſons, on Account of any Sums of
Money due for any of the Duties or Tonnage made payable by the ſaid recited
Act of 6 Geo. II. and hereby repealed, as aforeſaid, or upon any Security given
for the ſame.
All Actions commenced for any Thing done in Purſuance of this Act ſhall be
brought within twelve Months after the Fact committed, and laid in the County
where the Cauſe of Action ſhall ariſe, &c.
This Act ſhall be deemed a publick Act, &c.
This Act recites the former, and confirms an Agreement entered into between
the Company, Sir John Glynne, and others, as to Right of Common and other
Affairs; and likewiſe as to Allowance of a certain Sum of Money to Sir John
Glynne, for making a new Bank with one or more Sluices, and to keep the ſame
in Repair ; and likewiſe impowers the Company to make a Call not exceeding
20 per Cent, more than was allowed by the laſt Act.

P.610.
26 Geo. II.
or
LOYNE or. LUNE, and LANCASTER.
23 Geo. II.
P. 260.
The Preamble ſets forth, That the Town of Lancaſter in the County Palatine
P. 259. of Lancaſter, from its great and extenſive Commerce to the Weſt-Indies, and
other foreign Parts, is now become a very conſiderable Port, and has, for ſome
Time paſt, employed and maintained great Numbers of Ships and Mariners, to
the great Advancement of the Revenue, and the Improvement of the Trade and
Navigation of this Kingdom: And that the Navigation of the River Loyne (other-
wiſe called Lune) is become very difficult and dangerous ; and that the only
Place near the Town, where Ships can be moored and diſcharged, is, by Reaſon
of the Shoals and other Obſtructions in the Soil of the River, become very unfit
and unſafe for that Purpoſe, infomuch that many Ships and Veſſels ſtationed
there have been overſet and damaged: And it is conceived to be highly neceſſary
for the Benefit and Improvement of the ſaid Navigation, that a Quay or Wharf,
with other Conveniencies, ſhould be built on the South-Weſt Side of the River,
and that Bouys ſhould be placed at the Entrance into, and in other parts of the
River, and Land-Marks erected for directing of Ships; and that a Place of Safety
ſhould be made for the harbouring and Protection of the Shipping, near the
Mouth of the River: And that the Rev. James Fenton, LL.D. Vicar of the
Pariſh Church of Lancaſter, is, in Right thereof, ſeized of divers Parcels of
Land and Ground, which are commodioufly fituated for the purpoſes aforeſaid;
and that the Right Rev. Samuel, Lord Biſhop of Cheſter, the Ordinary, Edward
Marton, Eſq. Patron of the Advowſon of the Vicarage of the ſaid Church, and
the ſaid James Fenton, the preſent incumbent, have reſpectively agreed, that the
faid Parcels of Ground ſhall be diſpoſed of, for the purpoſes herein after-men-
tioned, ſubject to the Rents, Reſervations, and Reſtrictions herein after expreſſed:
Wherefore, for promoting and carrying on a Deſign fo beneficial, it is enacted,
that all that Parcel of Land, being Part of a certain Cloſe, called the Bridge Field,
belonging to the Church of Lancaſter, and containing three Roods and thirty-
two Perches; and alſo that Parcel of Land, being Part of another Cloſe, called
the Hay-Field, belonging alſo to the ſaid Church, and containing thirty-two
Perches; and alſo that Parcel of Land called the Summer Paſture, belonging
alſo to the ſaid Church, and containing about three Acres, five Roods, and
thirty-two


26i.
22
OF PORTS, &c.
are alſo to cauſe a fufficient watering Place, or Reſervoir of Water, to be made
thirty-two Perches, ſituate and contiguous to the South-Weſt Side of the River
Loyne, with their Rights, Members, and Appurtenances, ſhall, from and after
28 April, 1750, be veſted in Abraham Rawlinſon, William Butterfield, and Yohn
Bowes, Merchants of Lancaſter, their Heirs, and Afligns, abſolutely diſcharged
of all Claims, &c. from the ſaid James
. Fenton, and his Succeſſors, Vicars of the
ſaid Pariſh Church, for ever ; to the Uſes and Truſts herein after mentioned, viz.
to the Intent that the ſaid James Fenton, and his Succeſſors, Vicars of the faid
Church, ſhall enjoy out of the ſame Premiſſes, the annual Rent of 147. 145. free
of all Deductions whatever, by four Quarterly Payments, to be made on May 1,P. 262.
Auguſt 1, November 1, and February 1, in every Year, for ever; the firſt Pay-
ment to be made on May 1, 1750. And, if the ſaid annual Sum ſhall be unpaid
for twenty Days after any of the Times before limited for Payment thereof, the
faid Vicar, and his Succeſſors, may enter and diſtrain upon the Premiſies, and
make Sale of the Diſtreſs, and receive the Iſſues, till the ſaid Rent, and all Ar-
rears, with the Coſts and Charges, and all Damages, be fully paid. on
The Parcels of Land before mentioned and deſcribed ſhall go to the Uſe of the
faid Abraham Rawlinſon, William Butterfield, and John Bowes, their Heirs, &c.
in Truſt, that the ſame be employed as a Quay or Wharf, and for fuch other
Purpoſes, and under ſuch Directions, as are herein after preſcribed.
When any
of the Truſtees, in whom the Lands are veſted, ſhall die, the Com-
miſſioners and Truſtees appointed for other Purpoſes of this Act, are to nominate
another, &c.
The Commiſſioners and Truſtees appointed for the Purpoſes herein after men- P. 263.
tioned, are to cauſe the Parcels of Ground aforeſaid to be divided from the other
Parts of the Vicarage Lands by a good and ſufficient 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 Lancaſter) now belonging
to Mary Maſon, Widow, through and over the Bridge Field and Hay Field, to
the Fence that divides the Hay Field from the Summer Paſture; and they are to
keep up and repair (as often as Occaſion requires) the ſaid Fence, Wall, and
Stile, and all the Hedges, Ditches, Mounds, and Fences, ſeparating the Lands
ſettled by this Act from the Reſt of the Vicarage Lands, ſo as to prevent any
Treſpaſſés or Damages to be done to the faid Vicar or his Succeffors ;
s Succeffors ; and they
in ſuch convenient Part in the ſaid Bridge Field (not ſettled by this Act) as the P. 264.
faid James Fenton ſhall appoint, for watering the Cattle, depafturing in the
Vicarage Lands; and in Caſe of any Overflow thereof, the Waters are to be
turned into the River Loyne, at their Expence, upon Application made to any
of them for that Purpoſe, ſo as to prevent any Damage to be done to the ſaid
Lands; and upon their Refuſal or Neglect ſo to do, the Vicar and his Succef-
fors may turn off the ſaid Water or Watering Place into the River, by ſuch
Ways, and in ſuch Manner, as he ſhall think proper.
The Occupiers of ſuch Parts of the Vicarage Lands as are not ſettled by this
Act, ſhall have the Liberty of taking Sand all along the Clofe called the Summer
Paſture, betwixt the Banks thereof, and the Low-Water Mark in the River
Loyne, in order to cultivate the faid Lands, with free Liberty of Ingreſs and
Regreſs for that Purpoſe; and of driving their Cattle, depaſturing in the Vica-
rage Lands, over the Summer Paſture, to Water; the Ways for theſe Purpoſes
to be appointed by the Commiſſioners and Truſtees, and by the Vicar; and,
upon their Refuſal or Neglect to comply therewith, the Vicar may appoint
ſuch Ways for the purpoſes above, as he ſhall think proper, and he and his
Tenants may make Uſe thereof; and the Vicar (until the Diviſion-Wall above
deſcribed is built and finiſhed) is to have the Herbage of ſuch Parts of the ſaid
Bridge Field and Hay Field, as are above mentioned, and intended to be allotted P. 265.
to the Quay, and no Doors or Ways are to be opened through the Diviſion-
Wall or Fence, without the Licence of the Vicar for the Time being.
The Mayor of Lancaſter for the Time being, Francis Reynolds, Edward Mar-
ton, Eſqrs. &c. are appointed Commiſſioners and Truſtees for executing the
Powers and Purpoſes of this Act, until the firſt Wedneſday in May, 1755, &c.
Sus


sso
OF PORTS, &c.
P. 266.
N. B. The
Reaſon of this
advanced
Number is
becauſe this
was put in a
ter the Act.
macam da tor every Ton of the
Such Merchants or other Perſons as ſhall, in his or their own Right for the
Time being, be poſſeſſed of a Sixteenth, or other greater Part of anyi Veffet of
the Burthen of fifty Tons or upwards, then actually belonging to the Town or
Port of Lancaſter, are impowered to meet at the Exchange on the firſt Wedneſ-
day in May, 1755, and ſo on every firſt Wedneſday in the ſaid Month, in every
third Year, for ever, and nominate fixteen ſubſtantial Inhabitants of the Town,
to be joined with the Mayor for the Time being, to be Commiſſioners and
Truſtees for building a Quay or Wharf, with all other neceffary Works and
Conveniences upon the Premiſſes ſettled by this Act, and for letting or otherwiſe
diſpoſing of the ſame for the Advantage of the ſaid Navigation ; and for making
Places of Security by erecting Piers or Moles at the Mouth of the River for the
Preſervation of the Shipping, and for doing all Matters and Things which they
fhall think requiſite for improving the Navigation of the faid River Loyne, and
for the other Purpoſes of this Act.
Phoni topla gare
P. 267.
From and after the 30th of April, 1750, there ſhall be paid unto the Com-
miflioners and Truſtees, or their Collectors, for the Term of twenty-one Years,
for every
Veſſel coming into, or going out of the River Loyne, between Lan-
caſter Bridge and the Perch at Cocker fand Abbey (Ships of War, and other
Vefſels in his Majeſty's Service, and Ships driven in by Streſs of Weather, and
not lading or unlading within the Port, and Ships laden with Coal or other
Fuel, only excepted) the ſeveral Duties of Tonnage following, viz.
P. 278.
For every Ship or Veſſel coming into, or going out of the Port of I.ancáſberg
and trading to or from any Port or Place in Europe within the Streights or
Mediterranean Sea, or in Africa, America, or Greenland, Is. for every Ton of
the Burthen of ſuch Ship.
For every Ship or Veſſel coming into, or going out of the faid Port, and
Schedule af- trading to or from any foreign Port or Place in Europe (except Ireland, the Iſle
of Man, and the Streights, or Mediterranean Sea) 8d. for every Ton of the
Burthen of ſuch Ship.
For every Ship, Vefſel, Bark, or Ligher, coming into, or going out of the
faid Port, and trading to or from any Port or Place in Great Britain, ſituate
South of Holy-Head, or North of the Mull of Galloway, 6d. for every Ton of
the Burthen of ſuch Ship or Veſſel.
For every Ship, Veſſel, 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 Iſle of Man,
4.d. for every Ton of the Burthen of ſuch Ship or Veſſel. Laat
For every Ship, Vefſel, Bark, or Lighter, coming into, or going out of the
faid Port, and trading to or from any Port or Place in Great Britain, North of
Holyhead, or South of the Mull of Galloway, 2d. for every Ton of the Burthen
of ſuch Ship or Veſſel.
sio 109 diot 1113
And for every Ship, Veſſel, Bark, or Lighter, coming in Ballaſt into the
ſaid River Loyne, and not lading or unlading within the ſaid Port, for every
Ton one fourth Part of the Rates charged on any Ship or Veffel of the fame
Burthen.
The Duties are to be paid at fuch Time and Place as the Commiſſioners and
Truſtees ſhall appoint; but no Veſſel is liable to pay the Duties inwards and
outwards for the ſame Voyage.
le pays
All Veſſels, ſubject to the Payment of the ſaid Duties, are to be meaſured
according to the Rules of Admeaſurement laid down in the Act of 6 Geo. I. in-
titled, An A# for preventing Frauds and Abuſes in the publick Revenues of Ex-
cife, Cuftoms, &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 ceaſe, and the other Moiety is to be continued, and paid in
the Manner aforeſaid, for keeping the Quay and other Works in Repair.
P. 269:
No Officer of the Cuſtoms of the Port of Lancaſter ſhall clear any Veſſel until
the Maſter produces a Certificate of the Payment of the Duties of this Act, &c.
The Commiſſioners and Truſtees are impowered to make Bye-Laws, &c.
and to contract bonâ fide for building the Quay, &c.
The Commiſſioners, &c. are impowered to borrow a Sum not exceeding
2000l. on the Duties, at 5 per cent per Ann. wherewith to make the new in-
tended Quay, &c.



10
P. 268.

ORE
I
The
OF PORTS, &c.
IS1
The Collectors are impowered to go on board any Veſſel to meaſure her, and p. 272.
demand the Duties, and for Non-payment, &c. may diſtrain, and, after ten
Days, ſell the Diſtreſs, &c.
All Perſons who ſhall have any Buſineſs to tranſact upon the ſaid Quay or
Wharf, in the mercantile Way, or otherwiſe, and for the Benefit of loading
and unloading Veſſels on the South Weſt Side of the River Loyne, may paſs
and repaſs freely through the Cuſtom-houſe Yard with Carriages, and other-
wiſe, to and from the ſaid Quay, as need ſhall require.
The Commiſſioners, &c.' for the unloading any Veſſel that may come on P. 273.
Ground on the Seale Ford, or on the Shoals thereabouts, may open a Road out
of the Summer Paſture aforeſaid, over Lancaſter March, over which all Perſons
in the mercantile Way may paſs and repaſs with Carriages, as Occaſion ſhall
require, to and from the Quay at Lancaſter.
The Commiſſioners, &c. may agree for the Purchaſe of the Weigh-houſe,
ſtanding in the Cuſtom-houſe Yard, with the Appurtenances; and uſe the Site
and Soil thereof, for the making the new Quay aforeſaid, and diſpoſe of the
Materials for ſuch Purpoſes as they ſhall think requiſite.
The Commiſſioners, &c. may contract for the Purchaſe of the Lands, Tene-
ments, and Hereditaments, which ſhall be adjudged neceſſary and convenient
for the Purpoſes aforeſaid, &c. And this Act ſhall be deemed a publick
Act, &c.
SOUTH WOUL D.

-
The Preamble fets forth, that there had been, for Time immemorial, a Sea P. 4316
Port or Harbour for Shipping at Southwould, in the County of Suffolk, which is
ſituated very conveniently, not only for the Preſervation of Vefſels navigating
in the Britiſh Seas, but alſo for the importation and Exportation of many uſeful
Commodities, and for the Benefit of Trade in general ; but that the Road lying
before the ſaid Port is ſo obſtructed with Sand, as to prevent loaded Vefſels
(except ſuch as are of a very ſmall Burden) from paſſing into or out of the
Harbour; to the End therefore the ſaid Harbour may be opened, and made
commodious for Shipping, and be of publick Utility to the Trade and Com-
merce of this Kingdom, It is enacted, that from the 25th of March, 17,47»
for the Term of twenty-one Years, and from thence to the End of the then
next Seſſion of Parliament, there ſhall be paid unto the Commiſſioners and
Truſtees for the Purpoſes of this Act, or to ſuch Perſon as ſeven of them Thall P. 432.
appoint, under their Hands and Seals, the Rates and Duties herein after-men-
tioned, for and towards the Opening, Cleanſing, Scouring, Widening, Depth-
ening, Repairing, and Improving, &c. the ſaid Harbour, viz
For every Engliſh Ship or Veffel, which ſhall fail into the ſaid Harbour, and
ſhall neither load nor unload there, the Sum of id. 29. per Ton, according to
their light Bills.
For every Chaldron of Coals, Culm, and Cinders, exported or imported,
laid on board of, or landed or diſcharged out of, any Engliſh Veſſel in the Port
of Southwould, the Sum of is.
For every Laſt of Wheat, Rye, Barley, Malt, Oats, and other Grain, ex-
ported, or imported, &c. in any Engliſh Veffel, the Sum of 1s.
For every Ton of Rock Salt, exported or imported, &c. in any Engliſh Veſſel,
the Sum of Is.
For every Hogſhead of Wine, Brandy, Rum, or other Spirituous Liquor,
exported or imported, &c. in any Engliſh Vefſel, the Sum of is.
For every Ton of Chalk, imported there to be burnt into Lime, for any other
Purpoſe than that of manuring Land, the Sum of id.
For every Firkin of Butter, and for every Weigh of Cheeſe, exported or im-
ported, the Sum of id.
For every Ton of Grocery Wares, and other Goods, Wares, and Merchan-
dizes (Fiſh, Butter, and Cheeſe, only excepted) exported or imported, &c.
in any Engliſh Veſſel
, the Sum of is. ód. .
For every Ton of Lend, exported or imported, &c. in any Engliſh Veffel, the



Sum of is.
For
2 À
182
OF PORTS, &c.

P. 433.
P. 434.
;
For every greater or leſs Quantity of any of the ſaid Goods or Merchandizes
than what are before mentioned, proportionably to the Prices herein before ſet.
For every foreign Veſſel which ſhall fail into the faid Harbour, and ſhall not
load or unload there, and for all Goods, Wares, and Merchandizes, which
ſhall be exported or imported, laid on board of, or diſcharged from out of, any
ſuch Veffel in the faid Port, double the Duties herein before laid.
Which Sums ſhall be paid at the landing or ſhipping off the ſaid Commo-
dities, and, in Default thereof, the Collector of the ſaid Duties may go on
board and diſtrain ſuch Veſſel, with her Tackle and Furniture, or the Goods,
and Merchandizes, or any Part thereof, and make Sale of the fame, and no
Cuſtom-houſe Officer fhall clear any Veſſel, till the Maſter produces a Certi-
ficate of having paid the Duties, &c.
The Monies collected (after deducting the Expences of obtaining this A&t)
ſhall be employed for the opening, cleanfing, fcowering, &c. of the faiá
Haven and Harbour, and for opening any Rivers or Creeks for letting in Streams
of Water to drive the Sand or other Obſtructions out of the Harbour, and for
keeping it open, clear, and in good Repair, and ſhall not be diverted to any
other Uſe, except the Charge of collecting the fame, which ſhall not exceed
6d. in the Pound.
In order to raiſe Money ſufficient for the ſpeedy cleanſing, &c. the ſaid Ha-
ven and Harbour, the Majority of the Truſtees may mortgage the Profits ariſing
by the Duties for ſuch Sums as they ſhall borrow for that Purpoſe, &c.
The Bailiffs of the Borough of Southwould, for the Time being, and Sir John
Rous, Sir Charles Blois, Sir Robert Kemp, Baronets, &c. ſhall be Commiſſioners
and Truſtees for the Execution of this Act.
This Act fhall be deemed a publick Act, &c.
BORROW S TOU N N E S S.
The Town of Borrowſtounneſs
, in the County of Linlithgow in Scotland, is
very well ſituated for carrying on foreign and coaſting Trade, for the Benefit of
the Country thereabouts in general, and of the ſaid Town in particular, there
being many Coal and Salt Works very near, but theſe Advantages cannot be
obtained, unleſs the Harbour (which is now in a ruinous Condition) be effec-
tually repaired and made commodious for all ſuch Perſons as ſhall make uſe of
the fame, which will require a very conſiderable Sum of Money, and the Town
hath no Revenue to anſwer the Expence thereof, It is therefore enacted, that,
after the firſt Day of June, 1744, for the Term of twenty-five Years, and to
the End of the then next Seſſion of Parliament there ſhall be laid a Duty of two
Pennies Scots, or one ſixth Part of a Penny Sterling (over and above the Duty
of Exciſe payable to his Majeſty, &c.) upon every Scots Pint of Ale and Beer,
that ſhall be brewed, brought in, tapped, or fold within the ſaid Town of
payable by the Brewers for Sale, or Sellers of all ſuch Ale and Beer, to James
Main, James Caſtles, William Muir, &c. who are hereby appointed Truſtees
for deepening, rebuilding, and improving the ſaid 'Harbour and Piers, and
alſo for putting in Execution all other the Powers by this Act given ; and the
Money lo, to be collected, ſhall be veſted in the ſaid Truſtees and the Survivors
of them; and ſhall be applied to the ſeveral Purpoſes aforeſaid, the reaſonable
Charges of paſſing this preſent Act being firſt deducted.
The Truſtees have a Power to mortgage the Duties for raiſing of Money, &c.


P. 435.

17 Geo. II.
P. 439.
P. 440.
1
07
E L L E N F O O T.
22 Geo. II.
P. 201.
The Preamble ſets forth, that the Harbour of Ellenfoot, in the County of
Cumberland, though ſituated very conveniently for the Coal Trade carried on in
that County, is not, in its preſent Condition, capable of receiving and har-
bouring Veffels fufficient for that Purpoſe; but, in Caſe a new Pier and other
Works were erected, it might be made a proper and ſufficient Harbour for the
Reception and Safeguard of Vefſels navigating in thoſe Seas; which would not
P. 204. only be a Means of extending the ſaid Coal Trade, but would contribute alſo
to
OF POR T S, &c
183
ployed in ſhipping any Coals on board any Vefſel in the ſaid Harbour, 2d, for
to the Increaſe of his Majeſty's Cuſtoms, and the Improvement of Trade and
Navigation in general; but, as a ſufficient Sum of Money cannot be raiſed to
defray the Expences thereof, without the Aid and Authority of Parliament,
It is enacted, that, from and after the 25th of March, 1749, during the Term
of twenty-one Years, there ſhall be paid to the Commiſſioners and Truſtees
herein after named, their Collectors or Deputies, viz. Humphrey Sinhouſe, Efq;
and the Lord of the Manor of Ellenborough for the Time being, Sir Charles
Windham, &c. for and towards the amending, enlarging, deepening, and P. 205
cleanfing the faid Harbour, and erecting a Pier, and other proper Works, and
maintaining and repairing the fame, the Rates and Duties following, viz. By
every Proprietor of Coals, his, her, or their principal Servant or Agent, em-
every 192 Gallons, to be paid within ten Days after ſuch Coals are ſhipped ;
and alſo by every Maſter of any Ship that ſhall load or take any Coals on board
there, 2d. for every 192 Gallons; and, from and after the Expiration of the
ſaid Term of twenty-one Years, id. for every 192 Gallons of Coals that ſhall
be ſhipped there, to be paid by the Maſter of the Veſſel; the ſaid reſpective
Sums of 2d. for twenty-one Years, and id, afterwards, for ſo long Time as
the ſaid Harbour, and other Works provided for by this Act, ſhall be kept up
in good Repair, to be paid by the Maſter of the Veſſel upon reaſonable De-
mand, after ſhipping the faid Coals, and before ſuch Ship goes out of the Har-
bour, or proceeds on her Voyage.
From and after the 25th of March, 1749, during the Term of twenty-one
Years, the Maſter, &c. of any Veſſel, not taking on board a Lading of Coals,
fhall pay 6d. per Ton, according to her Tonnage, for ſuch Ship upon her Ar-
rival in the ſaid Harbour, from Great Britain or Ireland, or the Iſle of Man,
the Tonnage to be aſcertained in the Manner deſcribed by an Act of 5 and 6 Will.
and Mar. intitled, An A&t for granting to their Majeſties, ſeveral Rates and
Duties upon Tonnage of Ships and Veſſels, and upon Beer, Ale, and other Liquors,
for ſecuring certain Recompences and Advantages in the ſaid Act mentioned, &c.
Four Pence per Ton ſhall be paid by the Maſter of every Vefſel which, P. 206.
during the Term aforeſaid, ſhall be driven by Streſs of Weather into the Har-
bour of Ellenfoot, or ſhall come there for Security or Preſervation, and ſhall not
take in a Loading of Coals; and, after the Expiration of the ſaid Term of
twenty-one Years, one third Part of the Duties rated upon the Tonnage of Ships,
ſhall be paid in Manner aforeſaid, for ſo long Time as the Harbour and other
Works ſhall be kept in good Repair.
The Monies received ſhall be applied towards amending, enlarging, deepen- P. 207.
ing, and cleanſing the ſaid Harbour, and keeping the fame, and the Pier, and
other Works, continually in good Repair ; and Thall not be employed to any
other Uſe, &c.
If the Duties payable by the Proprietors, who ſhall ſhip any Coals aboard any P. 208.
Veſſels at Ellenfoot, ſhall not be paid within ten Days after ſhipping thereof, the
Collector, by Warrant from two or more Commiſſioners, may diſtrain all ſuch
Coals, &c. and ſell them in three Days, deducting the Duties, &c.
If the Collector and the Maſter of any Veſſel, charged with the ſaid Duties, P. 209.
cannot agree about and adjuſt the Tonnage, the Collector may, at all Times
convenient and ſeaſonable, enter into and admeaſure ſuch Ship, according to the
Directions of the Act referred to, which Admeaſurement ſhall be the Rule to
charge the Veſſel then, and at all Times afterwards ; and if any Maſter, taking
in Coals as aforeſaid, ſhall not, upon reaſonable Demand, pay the Duty; and if
any Maſter of a Veffel, chargeable according to the Tonnage thereof, ſhall not
upon like Demand, after the ſaid Tonnage is agreed unto or aſcertained, pay
the Duty, the Collector may diſtrain any Tackle, Apparel, or Furniture, in,
upon, or belonging to ſuch Veſſel, and ſell the ſame within three Days, de-
ducting the Duties, and Charges, &c.
No Officer whatſoever of his Majeſty's Cuſtoms ſhall clear any Veſſel, until P. 210.
the Maſter produces a Certificate of having paid the Duties, &c.
The Commiſſioners, or ſeven of them, may contract with any Workmen, &c. P. 511.
bona fide, for doing all other Part of the Work, and are impowered to appoint

tica
5
the
184
OF PORTS, &c.
P. 212.
the Place for building the Pier, and enlarging the Harbour, upon ſuch Ground
adjoining to the River Ellen, on the South Weſt Side nigh Ellenfoot, as they
ſhall think moſt convenient and neceſſary, &c.
For the more ſpeedy completing the ſaid Works, the Commiſſioners, or
ſeven of them, are impowered to borrow at 5 per cent. Intereſt, any Sum not
exceeding 2000l. Sterling, and to aſſign over the Duties by Indenture, under
the Hands and Seals of nine of them, as a Security for Repayment of the
Principal and Intereſt.
The Money ſo borrowed ſhall be applied by the Commiſſioners, in the firſt
Place, for diſcharging ſo much of the Expences attending the obtaining an Act
for the amending and repairing the ſaid Pier and Harbour, as ſhall be deficient;
and afterwards for the enlarging, erecting, and repairing, &c. the ſaid Pier and
Harbour of Ellenfoot.
If the Duties of 2d. for every 192 Gallons of Coals, to be paid by the Pro-
prietors, and by the Maſters of Ships, and alſo the Duties upon Tonnage, re-
fpectively granted for twenty-one Years, ſhall raiſe the principal Money and In-
tereſt provided for, and to be borrowed on the Credit of this Act, and alſo the
Charges of collecting the ſaid Duties, before the End of the Term of twenty-
one Years, then the ſaid ſeveral Duties thall ceaſe, and from thenceforth, or
from the Expiration of the ſaid Term of twenty-one Years, which ſhall firſt
happen, only the Duty of id. for every 192 Gallons of Coals, as aforeſaid, and
one third Part of the Duties on Tonnage, ſhall continue as aforementioned, to
be applied for repairing, cleanſing, and maintaining the ſaid Pier and Har-
bour, & c.

W AYMOUTH and MELCOMBE REGIS.
21 Geo. II.
P. 499
The Preamble ſets forth, that the Mayor, Aldermen, Burgeſſes, and Com,
monalty of the Borough and Town of Waymouth and Melcombe Regis, in the
County of Dorſet, have, for Time immemorial, received, and been entitled
to receive, petty Cuſtoms, or Wharfage Duties, upon the Importation and Ex-
portation of all Goods and Merchandizes into, and out of, the Harbour of
Waymouth and Melcombe Regis, and alſo Harbour Dues, and Ballaſt Duty; which
ſeveral Duties have been conſtantly under the Management of the Mayor,
Aldermen, &c. of the ſaid Town, as Truſtees and Managers, and have been
P. 500. applied for repairing the Harbour, Quays, Wharfs, and other publick Build-
ings and Works, within the ſaid Borough and Town: And whereas of
late Years ſeveral Perſons have reſuſed to pay the ſaid Duties, and have been
induced thereto, by Means of the great Difficulties, in ſupporting by ſtrict and
legal Evidence, preſcriptive Claims and Rights to Duties on each particular
Species of Goods, and the preciſe Sums payable for the ſame; and although the
ſaid Corporation, in Support of their Right, have brought ſeveral Actions, and
obtained Verdicts of Damages, by which their Right in general hath been
eſtabliſhed; yet, by the Expences in carrying on ſuch Suits, and the many
· Evaſions and Refuſals of Payment, the Fund for repairing the ſaid Harbour,
Quays and Wharfs, and other publick Buildings and Works, hath been con-
ſiderably leſſened; and the ſaid Wharfs, &c. will be entirely deſtroyed, if not
timely prevented: For Remedy whereof, It is enacted, that, from and after the
24th of June, 1749, the reſpective Rates, Duties, and Cuſtoms, enumerated in
the Schedules hereunto annexed, ſhall be paid by all Perſons whatſoever, on the
Importation and Exportation of all Goods, Wares, Merchandizes, and Com-
modities, into, and out of, the ſaid Harbour of Waymouth and Melcombe Regis,
and for all Veſſels coming into the ſaid Harbour, to the Mayor, Aldermen,
&c. of the ſaid Town and Borough; and no other Rates whatſoever, either
under the Denomination of, or under a Claim to, a Wheelage Duty or other-
wiſe; and the faid Schedules are to be deemed as Part of this Act; and the ſaid
Corporation are impowered to meet, from Time to Time, and to appoint, un-
der their Hands, a Collector of the Rates, a Quay Maſter, and a Treaſurer, and
to remove them at Pleaſure; and alſo to appoint each of the ſaid Officers, ſuch
a reaſonable Salary, as they ſhall think proper, out of the Rates, not exceeding
25. in the Pound of the Money reſpectively received by them,
P. 501.
I
The

OF PORTS, &c.
185
The ſaid Magiſtrates ſhall be anſwerable for the Acts and Receipts of the ſaid p. 502.
Officers, and ſhall take Security of each of them, &c.
The Collectors and Treaſurers ſhall keep Books, and the ſaid Magiſtrates ſhall
meet yearly, on the Friday next after the 24th of June, between Eight and
Twelve in the Forenoon, in the Guild-Hall of the Town of Weymouth and
Melcombe Regis (or oftener if they ſhall think fit) and ſhall then ſummon the
ſaid Officers, and audit their Accompts, &c.
The Duties and Cuſtoms impoſed by this Act, upon Importation, may be P. 503.
demanded by the ſaid Magiſtrates, their Collector, &c. either of the reſpective
Proprietors, or from the Keeper of any Warehouſe, wherein the Goods ſhall be
depoſited, upon the firſt Landing, or to whom
the ſame ſhall be delivered, or
who ſhall take Charge thereof, or ſhall carry off the ſame from the Wharfs or
Quays, at the Election of the Perſons authorized to receive the ſame; and alſo
the Duties and Cuſtoms upon Exportation of Goods (except for ſuch Stone only
as ſhall be taken out of one Veſſel into another in the ſaid Harbour) may be
demanded from the Waggoner, Carter, Carrier, or other Perſons bringing, or
delivering the ſame on board, at the Option of the Receiver of the ſaid Rates ; P. 504.
and alſo the Duties upon Veſſels, coming into the ſaid Harbour ; and for ſuch
Stone as ſhall be taken out of one Veſſel into another in the ſaid Harbour, may
be demanded of the Maſters, or Perſons having Charge of ſuch Ships.
On Non-payment of the Rates within twenty-four Hours after Demand, the
ſaid Magiſtrates are impowered to ſue for and recover the ſame by Action of
Debt, Bill, Plaint, or Information, in any of the Courts of Record at Weft-
minſter, &c.
All Maſters of Veſſels, coming into, or going out of the ſaid Harbour, ſhall,
as ſoon as conveniently may be, deliver to the Collector, at his Requeſt, his
Wharfage Bill, or a true Account of all Goods on board, and ſhall permit him
to take a Copy thereof, at his own Expence, under Penalty of forfeiting 51. P. 5053
for every ſuch Offence, &c.
The Quay Maſters, for the more commodious Loading and Unloading Vef-
fels or taking in, or caſting out Ballaſt, ſhall order all Maſters, and other Per-
fons having Charge of any Veſſels, lying in the ſaid Port or Harbour, to ſtation,
anchor, and moor the ſame, in ſuch proper Births, near unto, or adjoining the
ſaid Wharfs or Quays, as they ſhall appoint; and if any Maſter of any Veſſel
ſhall refuſe to comply with ſuch Orders, he ſhall forfeit 40s. &c.
As often as any Damage ſhall happen to be done to the Bridge, Wharfs, or P. 506.
Quays, by any Veſſel breaking looſe from its Moorings, through Default of
the Mariners, the Mayor, &c. or any three of them, upon the ſame being
notified to them upon Oath, ſhall detain ſuch Veſſel till the Damage be aſcer-
tained and adjuſted by three indifferent Perſons upon Oath ; and, if it ſhall
appear to them that the Damage has been done through wilful Default or
Neglect, they ſhall liquidate the Sum payable for the ſame, and return their
Adjudication, ſigned by them, unto the Mayor, &c. who ſhall thereupon
ſummon the Maſter of ſuch Veffel, and demand Payment; and, upon Non-
payment thereof, within three Days after Demand, they ſhall diſtrain the
Veſſel, and all her Tackle, Apparel, and Furniture; and, within three Days
after, Payment not being then made, the Collector, or Quay Maſter, by a P. 5078
written Order from the Mayor, &c. ſhall ſell the fame, &c.
All the Monies to be raiſed by this Act, and all Penalties and Forfeitures,
Thall be applied in cleanſing, and keeping the Harbour in Order, and for keep-
ing the Bridge, Wharfs, Quays, and other publick Buildings and Works,
within the ſaid Borough and Town in Repair, as the ſaid Magiſtrates ſhall
None ihall be exempted from keeping ſuch Wharfs or Quays in Repair, which
they were obliged to, by Tenure or Uſage, &c. before the making of this Act.
This Act ſhall be deemed a publick Act, &c.
think requiſite.
3 B
The
186
O F PILOTS, &c.
P. 509.
The firſt Table or Schedule referred to, viz. Of Petty Cuftoms, or Wharfage Duties,
e payable by Virtue of this Axt.
OR every Chaldron (Wincheſter Meaſure) of Coals, Culm, Cinders, Grind-
ſtones, and other Goods, paying Duties to the King by the Chaldron,
which ſhall be imported into, and exported from, the ſaid Harbour of Way-
mouth and Melcombe Regis, 2d.
For every Ton of Tobacco-Pipe Clay, Buſhel Iron, and Stone (except ſuch
Stone, as ſhall be taken out of one Veſſel into another in the ſaid Harbour) 3d.
For every Ton of Salt, Plaiſter of Paris, Terras, Marble, Lead, Caſt and Bar
Iron, and all other Goods, paying Duty or Freight by the Ton, 6d.
For every Load of Fir Timber, 3d.
For every Load of Walnut and Mahogany Timber and Plank, Is.
For every Load of Oak Timber, or other Timber, Trenals, Hoops, or other
converted Timber 4d.
For every Hundred of Spars and Ufers, 4d.
For every Hundred of Wainſcot Boards, twelve Feet in Length, and one
Inch thick, and ſo in Proportion, Is.
For every Hundred of double Deals, 9d.
For every Hundred of ſingle Deals, 6d.
For every Hundred of Pipe-Staves, 2d.
For every Hundred of Hogſhead-States, id. 29.
For every Hundred of Barrel-Staves, id.
For every Buſhel of Clover Seed, 2q.
For every Quarter of Malt, Barley, and Oats, id.
For every Quarter of Wheat, Peas, Tares, Beans, and all other Grains and
Seeds, id. 29.
For every Load of Flour or Meal, iod.
For every Load of Bran, 3d.
For every Hogſhead of Beer, Cyder, and Vinegar, id. 29.
For every Hogſhead of Brandy, Rum, Arrack, and other Spirituous Liquors, 4d.
For every Hogſhead of Wine, Oil, or other Liquors, 3d. and ſo in Proportion

P. 510.
for larger or ſmaller Calks. s. com
utt ofron
For every Hogſhead of Molaſſes (containing a Hundred Gallons) and of
Fullers Earth and Whiting, 6d.
For every Hogſhead of Tobacco, 8d.
For every Butt of Currants, and every Hogſhead of Sugar, and other dry
Goods, Is.
For every Tierce of Sugar, or dry Goods, 8d.
For every Barrel of Pitch or Tar, id.
For every Barrel of Groceries, or other Goods, contained in Barrels of twenty
Gallons, 2d. and for ſmaller Caſks, id.
For every Crate, Hamper, and Cheſt of Glaſs, and fine earthen Ware, and
for every Load of coarſe earthen Ware, 4d.
For every Bundle, Bale, Pack, or Parcel of Linen or Woollen, 2d. per
Hundred Weight, and ſo in Proportion for a greater or leſſer Quantity.
For every Hundred Weight of Rice, Logwood, Allum, Shot, Cordage,
Hemp, and Flax, 39.
For every Hundred Weight of Raiſins, Prunes, and Figs, id.
For every Hundred Weight of Spices, Hops, Gunpowder, Cotton, Wool,
Cheeſe, Butter, Tallow, Colours, Nails, Chains, wrought Leather, wrought
Iron, Braziers, and Pewterers Wares, and all other Goods paying Duty or
Freight by the Hundred Weight, 2d.
For every Cheſt of Oranges or Lemons, id.
For every Hundred Feet of paving Stones, 4d.
For every Thouſand of Tiles, Bricks, or Clinkers, and Firkin Staves, 3d.
For every Thouſand of Slates, id. 29.
For every Groſs of Bottles, either Stone or Glaſs, 3d.
For all Goods not here enumerated, one twelfth Part of what the uſual
Freight is, or ſhall hereafter, be, from London to the Port of Waymouth.
The
P. 511.
OF PORTS, &c.
187
F
The Second Table, or Schedule, referred to, viz. of Harbour Dues, and Ballaſt
Duties, payable by Virtue of this Act, by, or from the Maſter of every Ship or
Veſſel, or the Perſon having Charge of the fame.
OR every Britiſh Ship or Veſſel, not belonging to the Inhabitants of the
ſaid Borough and Town, which ſhall load or unload in the ſaid Harbour, 25.
For
every
ſuch Ship or Veſſel, which ſhall fail into the ſaid Harbour, and
neither load nor unload there, 15. 6d. and ſo in Proportion to Parts of Ships or
Veffels, not belonging to ſuch Inhabitants.
For every Ship or Vefſel belonging to Inhabitants of the ſaid Borough and
Town, which ſhall load or unload in the ſaid Harbour, is. and ſo in Proportion
to Parts of Ships or Vefſels belonging to ſuch Inhabitants.
For every foreign Ship or Veſſel which ſhall fail into the Harbour, and neither
load nor unload there, 35.
For every ſuch Ship or Vefſel which ſhall load or unload there, id. per Ton,
according to their Light Bills.
For every Ton of Stone taken out of one Veſſel into another in the Harbour,
For every Ton of Ballaſt taken into any Ship from the Quay, or otherwiſe, in P. 512.
the Harbour, Is.
For every Ton of Ballaſt put out of any Ship on the Quay, 4d.
For every Ton of Ballaſt put out of one Ship into another in the Harbour, 2d.
For every Ton of Ballaſt taken on board any foreign Ship or Vefſel, either
from the Quay, or in the Harbour, 25.
For every Ton of Ballaſt put out of ſuch Ship or Veſſel, 8d.

Id. 29.
R A M S G A TE and SA N D W I CH.
P. 799.
The Preamble ſets forth, that frequent Lofles of the Lives and Properties of 22 Geo. II.
his Majeſty's Subjects happen in the Downs, for Want of a Harbour between the
North and South Forelands, the greateſt Part of the Ships employed in the Trade
of this Nation being under a Neceſſity, at going out upon, as well as returning
from their Voyage, to paſs through the Downs, and frequently, by contrary
Winds, being detained there a long Time, during which they (eſpecially the
outward-bound Ships) are expoſed to violent Storms and dangerous Gales of
Wind, without having any ſufficient Harbour to lie in or retreat into, or from
whence they can receive any Affiſtance ; and, as a Harbour may be made at the
Town of Ramſgate, convenient for the Reception of Ships, of and under 300
Tons Burthen, and from whence larger Ships in Diſtreſs in the Downs may be
fupplied with Pilots, Anchors, Cables, and other Affiſtance and Neceſſaries; P. 800,
and, by the ſmaller Ships taking Shelter in this Harbour, the larger Ships
may take the Anchorage, which, at preſent, is occupied by the ſmaller, and by
that Means their Anchors will be fixed in more holding Ground, and the Ships
not fo expoſed to the Ocean: For carrying therefore a Work of ſuch publick
Utility into Execution, It is enacted, That the Lord Warden of the Cinque P. 801.
Ports, and his Deputy for the Time being; the Right Hon. Robert Lord
Romney, Andrew Stone, Eſq; the Hon. James Pelhani, Eſq; &c, ſhall be
Truſtees for the enlarging, building, and maintaining the Harbour at Ramſ-
gate, by erecting Piers or ſuch other Works, and doing all other Matters, as
five, or more of them, at their general Meeting, ſhall think moſt proper for
putting in Execution the Powers of this Act.
The firſt Meeting of the Truſtees ſhall be on the firſt Tueſday in July, 1742, P. 802.
in the Guildhall of the City of London ; and five or more of them ſhall meet,
from Time to Time, at ſuch Places as they ſhall judge moſt convenient for car-
rying on and effecting the Purpoſes of this Act.
Fifteen or more of the Truſtees at a publick Meeting (fourteen Days Notice
whereof ſhall be given in the London Gazette) ſhall ſettle the ſeveral Rates and
Duties herein after mentioned, which ſhall commence from and after the 10th
of July next enſuing, viz. any Rate or Duty not
exceeding 6d. per Ton, to be
paid by every Britiſh or foreign Ship, Veſſel or Crayer of 20 Tóns Burthen or
4
upwards,
188
OF PORTS, &c.
P. 803
upwards, and not exceeding 300 Tons, for every loading or diſcharging, or
Ship in Ballaſt within this Realm, from, to, or by Ramſgate, or coming into
the Harbour there, not having a Receipt teſtifying the Payment thereof before,
on that Voyage, towards the Building and Maintaining of Ramſgate Harbour
and, on every Ship above 300 Tons, any Rate not exceeding 2d. for each Ton
of the Burthen of ſuch Ship (except Ships loaden with Coals, Grindſtones,
Purbeck, Portland, or other Stones) and on every Chaldron of Coals, or Ton of
Grindſtones, Purbeck, Portland, or other Stones, a Rate not exceeding 3d.
And ſuch Rates, when ſettled by the Truſtees, ſhall be publiſhed in the London
Gazette, for the Information of all Parties, and ſhall be paid to the Cuſtomer,
or Collector of the Cuſtoms, or their Deputies, or ſuch other Perſons as ſhall
be appointed by the Truſtees to receive the ſame; in ſuch Port or Place, whence
ſuch Veſſels or Ships Thall ſet forth, or where they ſhall arrive before their fail-
ing from ſuch Port, on their outward-bound Voyage, and before they unload
their Goods on their homeward-bound Voyage; the Tonage to be aſcertained
See Liverpoole according to the Rules laid down in the Act 8 Anna, intitled, An Act for
P. 157. making a convenient Dock or Bafon at Liverpoole, for the Security of all Ships
trading to or from the ſaid Port of Liverpoole.
Foreign Ships paſſing or being detained in the Downs, ſhall be ſubject to the
ſame Rates as Ships cleared out, or entered into any of the Britiſh Ports, to be
levied and recovered in the fame Manner as the other Rates impoſed by this Act.
Where the Tonnage of any Veffel, chargeable with the ſaid Rates, cannot
otherwiſe be ſettled and adjuſted, the Collector, or ſuch Perſon as five Truſtees
ſhall appoint, may enter into, and admeaſure ſuch Ship, according to the Di-
rections of this Ad, and, if any Perſon ſhall obſtruct the Admeaſurement of ſuch
Ship, he ſhall forfeit 10l. for every ſuch offence, &c.
No Veſſel, outward-bound, ſhall be cleared at the Office of the Coſtoms;
nor ſhall any Veſſel be allowed to enter at the ſaid Office, on a homeward-bound
Voyage, inward, without Information on Oath by the Maſter or Owner, of
the Burthen of ſuch Vefſel, &c. and after Oath made, and Payment of the
Duty, and producing an Acquittance for the Receipt thereof, the Maſter or
Owner ſhall be allowed, from the Merchant, for every Ton of Goods loaden on
board ſuch Ship on his Account, a like Sum per Ton, as the ſame is charged
by this Act; and the Cuſtomers, or other Officers, receiving the ſaid Duties,
ſhall keep an Acount thereof, &c. to which all Perſons may have free Acceſs
at all ſeaſonble Times gratis. And ſhall once in every Month, in the Port of
London, and once in every three Months in the Out-Ports, return and pay over
the Sums received by them, &c.
If any Ship or Vefſel (other than as before excepted) whether Britiſh or
foreign, above 300 Tons, ſhall, after the Commencement of this Act, take
Shelter in the Harbour of Ramſgate, ſhe ſhall pay for every Ton a like Rate as
Ships of or under 300 Tons, and above 19 Tons are liable to, Allowance being
made to the Maſter or Owner for any Rate paid before by him on that Voyage,
by Virtue of this Act; and ſuch Ship ſhall ever after be liable to the ſame Rates.
No Coaſting Veſſel or Fiſherman ſhall pay the Rates more than once in one
Year.
The Collectors, &c. may go on board any Veſſel, and demand the Duties
and for Nonpayment may diſtrain ſuch Veſſel, Tackle, &c. and, in ten Days
after, make Sale thereof, &c.
If any Maſter of any Veſſel ſhall elude the Payment of the ſaid Duties, the
ſame ſhall be recovered, as the Fines and Penalties are herein after directed..
Five or more Truſtees and Perſons employed by them, may remove
ſtructions that may be neceſſary to be taken away, for the enlarging, building,
and maintaining the ſaid Harbour at Ramſgate, or for the better attaining the
Purpoſes of this Act, making Satisfaction to the Owners of the Premiſes.
Five or more Truſtees may contract for the making or doing all or any Part
of the Work or Buſineſs to be done in completing the ſaid Harbour, and for
Timber, Stones, or other Materials, which ſhall be uſed therein; and they
may agree with the Owners and Occupiers of all ſuch Buildings, Grounds, of
Eſtates, as ſhall be neceſſary for the Execution of the Purpoſes of this Act.

P. 804.
P. 806.
any Ob-
5
All

OF PORTS, &e.
189
'alue thereof,
All Bodies Politick or Corporate, whether aggregate or fole, and all Feoffees P. 807.
in Truſt, Executors, Adminiſtrators, Guardians, or Truſtees whatſoever, for,
or on Behalf of, any Infants, Femes Covert, or Ceſtuique Truſts, and all Perſons
ſeized, poſſeſſed of, or intereſted in any Lands, Tenements, or Hereditaments,
which ſhall be adjudged neceſſary for the Purpoſes aforeſaid, are impowered to
agree with the Truſtees, or five or more of them, at any of their publick Meet-
ings appointed for the Sale thereof, and to ſell and convey the fame; and all
Contracts and Conveyances, which ſhall be ſo made for the purpoſes aforeſaid,
ſhall be valid to all Intents and Purpoſes.
And all Feoffees in Truſt, Executors; &c. are indemnified for what they ſhall
do by Virtue of this Act; and, if it ſhall happen that any Perſon, Body, or Bodies
Politick or Corporate, ſhall decline, or refuſe to treat, or agree about the Sale
of the ſaid Lands and Tenements, five or more Truſtees ſhall iſſue their Warrant
to the Sheriff of the County, to ſummon and return a Júry of twenty-four Perſons
qualified to be returned for Trials of Iſſue, joined in any of the Courts at
Weſtminſter, to appear before'them at the Time and Place appointed, and alſo P. 808.
to return Iflues upon every ſuch Perſons, the Sum of 40s. which thall be duly
eſtreated and levied ; and, for Default of a ſufficient Number of Jurymen
appearing, the Sheriff, or his Deputy, ſhall return twelve indifferent Men of
the Standers-by, or that can be ſpeedily procured, to make up the Jury, who
ſhall view the Lands and Tenements in Queſtion, and ſhall, upon their Oaths
(which Oaths, and alſo proper Oaths to fuch Perſons as ſhall be examined as
Witneſſes, five or more of the Truſtees, ſhall adminiſter) enquire into the
ſhall think fit; and the Truſtees ſhall give Judgement for the Sums to be aſſeſſed
by ſuch Jury; which Verdiæt, and the Determination thereupon pronounced
by five or more Truſtees, and the Recompence aſſeſſed (twenty Days Notice at
leaſt in Writing of the Time and Place for their Meeting, being firſt given to
every Perſon concerned, or left at his or her Dwelling-Houſe, or uſual Place
of Abode, or with ſome Tenant or Occupier of ſome Land or Tennements of P. 809.
the Party near the Harbour of Ramſgate, in Caſe ſuch Party cannot be found to
be ſerved with ſuch Notice) ſhall be binding to all Intents and Purpoſes, againſt
all Parties whatſoever; and the ſaid Decrees ſhall be ſet down in Writing, under
the Hands and Seals of the Truſtees, who ſhall make the ſame, and kept amongſt
the Records of the Seſſions for the County of Kent, and the ſame, or Copies
thereof, ſhall be admitted as Evidence in all Courts of Law or Equity; and, upon
Payment or Tender of ſuch Sum to the Parties, at his or their Dwelling-
Houſe, or, if they have none, at the Houſe of ſome Tenant or Occupier of ſome
Lands of the Party, near the ſaid Harbour of Ramſgate; and, in Caſe of their
Refuſal, upon Payment of the ſaid Sum into the Hands of ſuch Perſon as five
Truſtees ſhall appoint, for the Uſe of the Parties intereſted; it ſhall then, and
not before, he lawful for the Truſtees, or their Workmen, to make Uſe of the
faid Lands as they ſhall think requiſite for the Purpoſes of this Act, and they are
indemnified againſt the ſaid Owners and Occupiers, &c.
If the Truſtees Thall build any Works relating to the ſaid Harbour, upon any P. 810
Lands or Tenements, the Property whereof is not, at or before ſuch Time,
claimed or afcertained; and, if any Perſon ſhall afterwards claim the ſame, and
prove
his Title-thereto, then the Value thereof, before the works were erected,
fhall be aſcertained by a Jury in Manner before directed ; and, upon Payment,
or Tender of the Money that ſhall be aſſeſſed, the Property of ſuch Perſon in
the ſaid Lands ſhall ceaſe, and the ſame be veſted in the Truſtees.
Fifteen, or more, Truſtees may borrow any Sum not exceeding 70,000l. P. 1811.
for the Purpoſes aforeſaid, and aſſign over the Duties as a Security for Repay-
ment of the ſame, with Intereſt not exceeding 51. per Centum per Annum : and
the ſame ſhall be applied towards the enlarging and completing the ſaid Harbour,
the Charges of paſſing this Act to be firſt paid.
Any Perſons may advance the Whole, or any Part of the ſaid Sum of 70,000).
for the abſolute Purchaſe of Annuities, to be paid for the natural Lives of ſuch
Perſons as ſhall be nominated by the Contributors at the Time of Payment of
their reſpective Contribution-Monies; the ſaid Annuities not to exceed the Rate


30
of
тоо
OF PORTS, &c.
7 기
​
on
.803
de bane hall be fic
P. 813
per Annum for every 100l. and to be payable at the Bank of Eng-
land, or at fuch other Place in London, as fifteen or more of the Truftees ſhall
direct to the Purchaſers, their Executors, Adminiſtrators, or Alfigns, at fuch
Times and in ſuch Proportions as fhall be agreed upon.
Tohoto
The Rates thall not be liable to the Payment of the Intereſt of any greater
Sum than 50,000l. at any one Time, upon Annuities for Lives.
One or more Books ſhall be provided and kept by the Truſtees, in which ſhall
be entered the Names and Places of Abode of the Purchaſers of any of the ſaid
Annuities, and of all Perſons by whoſe Hands they ſhall pay in any Sum upon
this Act, and alſo of the Perſons for whofe Lives the Annuities ſhall be pur-
chaſed, and the Purchaſe-Money, and Days of Payment; to which Books the
P. 812. reſpective Purchaſers, and Perſons impowered by them, ſhall have Recourſe,
at all ſeaſonable Times, gratis ; and if any Doubt arifes, as to the Life of any
which ,
depute any Perſon, before each Payment, to viſit ſuch Annuitant, and, if fuch
Perſon ſhall be *refuſed Admittance to the ſaid Annuitant, at any ſeaſonable
Time, the Annuity ſhall from ſuch Time ceaſe, till the Life of the ſaid An-
nuitant be proved to five or more Truſtees at their publick Meeting, either by
his or her perſonal Appearance, or by the Oaths of two credible Witneſſes,
when the faid Annuity, together with the Arrears, ſhall be paid. stari
The faid Annuities ſhall be paid out of the Monies ariſing by the Duties of
this Act; and the Contributors, their Executors, and Afligns, ſhall enjoy the
Annuities, during the natural Lives of the Perſons nominated by them, and
Thall have abfolute and indefeazable Eſtates therein; and the ſame ſhall be free
from all Taxes.
The Contributors, or their Aſſigns, upon Payment of the Conſideration-
Money, or any Part thereof, unto fifteen Truſtees, or to fuch Perſon as they
Thall appoint, ſhall have Receipts for the ſame; and, upon Payment of the
Purchaſe-Money, ſhall have an Order in Parchment for Payment of the Annui-
ty, during the natural Life of the Perſon nominated, in which ſhall be infert-
ed, how much the Sum paid by ſuch 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 70,000l. is complete, and when it ſhall be
completed; which Order ſhall be made by five or more Truſtees at a pub-
lick Meeting, and, after figning thereof, ſhall be good in Law.hotos
The Annuitants, or their Aſſigns, may, from Time to Time, afſign over
faid Annuities, or any Part thereof, and an Entry thereof ſhall be made gratis,
in a Book to be kept by ſuch Perſon as five or inore of the Truſtees ſhall ap-
point for that Purpoſe, at the Charge of the Truſtees, in ſuch Place within
London, as fifteen or more Truſtees ſhall appoint.
200
The Rates ſhall be chargeable with the Payment of the Annuities, and, upon
Default of Payment thereof, within forty Days after the Times they ſhall be
made payable, they ſhall veſt in the Annuitants until the ſame be paid, with
Intereſt, and the Charges occaſioned thereby; and they ſhall have the fame
Power, &c. of collecting and levying the ſaid Duties as the Truſtees were
oo
inveſted with.
10 abrir
The Money ariſing by Sale of the Annuities ſhall be applied, in the firſt
Place, in paying off Monies borrowed at Intereſt, as aforeſaid, and afterwards
for diſcharging the Expences of enlarging and building the faid Harbour. )
The Truſtees ſhall meet once in every Year, fourteen Days Notice whereof
ſhall be given in the London Gazette; and they, or fifteen or more of them, at
fuch Meeting, ſhall examine what Annuities have determined during the pre-
ceding Year, and thall aſcertain the Rates neceſſary to be raiſed for the fuc-
ceeding Year; and the ſame ſhall be levied according to the Proportions before
mentioned, and ſhall be advertiſed in the London Gazette; but, if they ſhall
continue the Rates of the ſucceeding Year or Years, according to the Proportion
of the former Year, or ſhall neglect or refuſe to meet for the Purpoſes aforeſaid,
then the Rates Thall be levied according to the Proportion directed by the laſt
Advertiſement in the London Gazette for that Purpoſe, which ſhall be the Rule
Dedlundite
op the
P. 814
P. 8156
OF OP OIR T.S, &c.
191

four as the Court ſhall appoint (not being Truſtees) may ſummon, and examine
to go by, until the ſaid Rates thall be again aſcertained and publiſhed according
to the Directions of this Act. vd nosi od lischerna
As ſoon as the ſaid Sum of 70,000l. Ihall be raiſed and paid to the Truſtees,
by granting Annuities, and the Intereſt of the ſeveral Annuitants ſhall ceaſe by
their Deaths, the Duties granted by this Ad ſhall abſolutely ceafe and deter-
mine; and if, after the Determination of the Annuities, and finiſhing the ſaid
Harbour, any. Surplus ſhall remain in the Hands of the Trụſtees, the ſame thall
be paid into the Chamber of London, and an Account thereof be laid before the
Parliament at their then next Sitting. 9.75
TOTO bubuigo91
Fifteen or more of the Truſtees may appoint Collectors, a Surveyor, Trea- P. 816.
furer, &c. of the Duties, and appoint them Salaries, and diſplace them at
Pleafurec. of the paties, and appoint
They are to take Security for ſuch Officers, and meet once yearly to examine
and audit their Accounts.
to one loova
The Accounts foitated and figned by the Truſtees ſhall be laid, within three P. 817.
Months after, before the Mayor and Court of Aldermen in London, and ſuch
upon Oath, every Perſon they ihall think fit; and, finding any one guilty of
Embezzlement or Mifapplication of the ſaid Money, they thall impofe on him
any Fine, not exceeding double the Sum embezzled. od
The faid Fines ſhall be levied by Diſtreſs, &c. and, in Default of ſuch
Diſtreſs; the Offender thall be committed to the common Goal of the County,
where he ſhall live, until Payment, &c. ad
If the Truſtees ſhall erect a Baſon in the ſaid Harbour, every Veſſel, before
Me goes into the Gates, ſhall take down her Sails, ſo that ſhe may not go ſailing
in, upon Pain of forfeiting vol. 10 tiro 90 gairob
o If the Bafon ſhall be ſo filled with Shipping, as not to admit, with Safety, P. 819.
more Veſſels, five or more Truſteds, or ſuch Perfon as they ſhall appoint, may
remove into the Harbour ſuch Shiplor:Veſſel, as he or they ſhall think proper ;
the Maſter, within twenty-four Hours after Notice in Writing given to him,
or left on board his Ship for that Purpoſe, neglecting to remove the ſame within
a convenient Time, thoſe Veffels to be firſt removed out of the Baſon, as fhall
-be laid up of moored, or are not upon an outward or homeward-bound Voyage;
next, ſuch as are upon an outward or homeward-bound Voyage, but which
may, with the leaſt i Danger, be removed, and lie in the ſaid
d Harbour, that
Ships coming in, and leſs capable of taking the Ground, may have the Benefit
of the Bafon ; and the faid Maſter ſhall pay the Charges of removing ſuch
Veſſel, to be levied and applied as the Fines and Penalties are directed by this
Act.
As I to co
If any Maſter, or other Perſon, Thall obſtruct the Removal of ſuch Ship, he P. 820.
fhall forfeit 100l. And if any Perfon, employed by the Truſtees, fhall wilfully
abuſe his Authority of removing ſuch Ships, and thall be judged ſo to have
done, by five or more of the Truſtees, &c. they ſhall impoſe any Fine on him,
not exceeding 100l. &c.
If any Truſtee ſhall die, or refuſe to act, nine or more of the remaining
Truſtees may appoint others, &c.
be
The Property of all the Piers, Docks, Wharfs, and other Works; and alſo
of the Ground whereon fuch Works ſhall be erected, as well as all ſuch Right
and Property, as now appertaineth to the ſaid Pier or Harbour of Ramſgate,
ſhall be veſted in the Truſtees, and they, or five, or more of them, may bring
Actions, and prefer Bills of Indictment, againſt any Perſons who ſhall ſteal,
break down, or ſpoil any of the Works or Materials, or do any Thing whereby P. 821.
Damage may accrue to the Works or Harbour ; and they may let out, for the
beft Rent that can be had, fuch Wharfs, Docks, or Lands, as are veſted in
them, for any Term not exceeding ſixty Years, the Rent to be applied towards
enlarging and completing the ſaid Harbour ; and, upon the Expiration of the
ſaid Truſts, and Determination of the Leaſes, the Property of the ſaid Piers,
Docks, Wharfs, and other Works, and alſo of the ſaid Lands, Tenements, or
Hereditaments, thall be veſted in, and diſpoſed of, by Authority of Parliament.
4
The
OF PORTS, &c.

P. 822.
P. 823
3 The Truſtees in the letting ſuch Wharfs, Docks, or other Works, Thall ex-
preſsly mention what Sums Thall be taken by the reſpective Tenants, of the
Maſter of any Veflèl which fhall occupy the fames and, if the Tenant ſhall
demand, or take more than the Sum ſtipulated; he ſhall, for every ſuch Offence,
forfeit treble the Sum demanded, more than he ſhall be allowed to take, by
fuch Agreement, &c.
All the Receipts, Paynefits, Debts, Creditss and Contracts, made with, and
by, the Artificers and Workmen employed, and alſo an Account of all Monies
received and borrowed, and all other Proceedings of the Truſtees, ſhall be en-
tered into one or more Books, &c.
No Truſtee ſhall have any Office, or Place of Profit ariſing by any of the ſaid
Duties, and the Truſtees thall, at all their Meetings, defray their own Ex-
pences, and ſhall give ſuch publick Notice of thèir Meetings, as fhall be agreed
upon by five or more of them.
Shi:
From and after the firſt Tueſday in July, 1749, all Duties on Shipping,
which may have heretofore been demanded at the Port of Ramſgate, under
any Pretence whatſoever, ſhall abſolutely ceaſe; and no Demand ſhall be made
of any Duty, other than what is made payable by this Act.
This Act ſhall not extend to charge, with any of the ſaid Rates or Duties,
any Ship or Veſſel which ſhall be bound to or from the Town of Sandwich, in
the County of Kent, the Maſter producing a Certificate verified upon Oath,
under the Hand or Seal of the Mayor of Sandwich, atteſting that the Inhabi-
'tants of the ſaid Town own the Whole or major part of ſuch Vefſel; and all
ſuch Veſſels may paſs in and out of the Harbour without paying Duty.
Out of the Money ariſing by the Rates, the Treaſurer or Receiver ſhall pay
200l. per Annum, during the Continuance of this Act, into the Hands of the
Mayor and Jurats of Sandwich, or to ſuch Perſons as they ſhall authorize to
receive the ſame, by four equal quarterly Payments, viz. upon September 29,
December 25, March 25, and June 24; the firſt Payment to be made upon the
29th of September, 1749; the ſaid Money to be applied, in the firſt Place, in
diſcharging the Expences incurred by the Corporation of Sandwich, on Account
of applying for, or making this Act, or in any Manner relating thereto; and
afterwards in cleanſing, depthening, and preſerving the ſaid Haven, or in erect-
ing and maintaining a Pier, or ſuch other Works for that Purpoſe, as the
Mayor and Jurats ſhall, by Writing under their Hands and Seals, direct; and,
if the ſaid Sum ſhall not be paid within fourteen Days after it ſhall become
due, the Mayor and Jurats may recover the ſame againſt the ſaid Treaſurer or
Receiver, together with the Damages ſuſtained by the Non-payment, and full
Coſts of Suit by Action of Debt, Bill, &c.
The Receipt of the ſaid Mayor and Jurats, or of ſuch Perſon as they ſhall
appoint to receive the ſaid Sum, ſhall diſcharge the ſaid Treaſurer or Receiver
for the Payment thereof.
The ſaid Mayor and Jurats ſhall cauſe a Book or Books to be kept of the
Dates and Sums of Money received and diſburſed, and of all their Proceedings,
in Execution of the Truſt hereby repoſed in them; to which Books all Perſons
intereſted ſhall have free Acceſs gratis, &c.
From and after the ſaid 24th of June, 1749, no more than two Veſſels ſhall
lie abreaſt in the ſaid Haven longer than one Tide, unleſs upon ſome unavoid-
able Occaſion, of which the Mayor ſhall judge, and ſhall take ſuch Order
therein as he ſhall think reaſonable; and, if the Maſter of any Veſſel ſhall not
obey ſuch Order of the Mayor for removing his Ship, he ſhall forfeit Sum
not exceeding 40s. &c.
If it ſhall appear to the Truſtees, or fifteen of them, that it will be for the
Benefit of the Trade and Navigation of this Kingdom, to erect any Works at
the Haven of Sandwich, more than the annual Sum of 2001. will be ſufficient
for, they may, at any Meeting to be held for that Purpoſe (fourteen Days
Notice thereof being given in the London Gazette) order any Sum not exceeding
10,000l. out of the Duties aforeſaid, to be applied to that Purpoſe.
All Veſſels belonging to the Towns of Dover, Weymouth, and Melcombe
Regis, Lyme Regis, and Great Yarmouth, ſhall be exempted from Payment or

P. 824.
P. 825.
P. 827

any
2
the
OF PORTS, &c.
193
the Duties aforeſaid, the Maſters or Owners producing a Certificate, verified P. 829.
upon Oath before the reſpective Mayors of the ſaid Places, that the ſaid Veſſels
belong thereto, and that the Inhabitants are Owners of the greateſt Part of ſuch
Ships.
This Act ſhall be deemed a publick Act, &c.
P. 411.
ز
BEVERLEY BECK, and HUL L.
By 13 Geo. I. ſeveral ſınall Tolls and Duties were laid on divers Goods and 18 Geo. II.
Merchandizes, which, after May 1, 1727, ſhould be laded or unladed on or
from any Ship, Boat, or other Veſſel, 'in any Part of the ſaid Beck, or at any
publick Staiths, or other Places along the ſaid Beck, or River Hull
, and pay-
able to the Mayor, Aldermen, and capital Burgeſſes of Beverley, and their Suc-
ceffors, or to the Perſon by them appointed, to be applied for the Purpoſes in P. 412.
the Aét mentioned; and, ſince paſſing the faid Act, a conſiderable Sum hath
been borrowed on the Tolls thereby granted; which, though applied with the
Income of the Tolls and Duties, according to the Directions of the Act, is
inſufficient to anſwer the Intention; and the Beck is now in great Danger of
being choaked, by the Sludge and Soil brought by Tide, and Earth falling in
from the Banks, which muſt be repaired and ſupported by Piles and other
Works; and, as the cleanſing, deepening, and preſerving the ſaid Creek, and
amending and maintaining the Banks, Staiths, Roads, and Ways, will require
more Money than can be raiſed by the preſent Duties, which are, in many
Reſpects unequal, and not duly proportioned to the Value of Goods; therefore,
for better enabling the Mayor, &c. of Beverley, to perform the Things before-
mentioned, It is enacted, that, after May 1, 1745, there (hall be paid for the
Purpoſes aforeſaid, by every Maſter or other Perſon, having Management of any
Ship, or other Veſſel, paſſing up or down the ſaid Beck, or River Hull, to lade P. 413.
or unlade Goods, at any Part of the Beck, or publick Staiths, or at Gravel, or
Beck-End, or between Figgam Clow, and Swinmore Glow, on the River Hull, or at
any Places along the ſaid Beck, or River, within the Limits of Beverley, before
unlading, or having laded, before they go out of the Liberties aforeſaid (over
and above the Tolls, payable by the former Act) theſe additional Duties, viz.
For every Chaldron of Coals, Wincheſter Meaſure, 2d.
For every Quarter of Oats, Barley, or Malt, 19.
For every Quarter of Wheat, Rye, Meſsledine, Beans, Peas, Rapeſeed, Hemp-
ſeed, Linſeed, or any other Kind of Seed or Grain, 19.
For every Hundred Weight of Flour 39.
For every Hogſhead of Salt, 4d.
For every Ton of Salt in Bulk, 2d.
For every 3 Hogſheads of Sugar, Tobacco, Melafies, or other Goods packed
in Hogſheads, 8d.
For every 4 Hogſheads of Wine or Rum, Is. 8d.
For every Hogſhead of Brandy, or other Spirits, 4d.
For every 8 Barrels of Soap, Raiſins, Oil, Pitch, Tar, or packed with other
dry Goods, 4d.
For every Butt of Currants, 8d.
For every 2 Pipes of Smyrna Raiſins, 8d.
For every 16 Bags of Nails, 4d.
For every Ton of Iron or Lead, 8d.
For every 32 Firkins of Butter, 4d.
For every 20 Hundred of Cheeſe, 7d.
For every Ton of Timber or Stone, 2d.
For every 2 Bags of Hops, 8d.
For every Quarter of Oatmeal, 29.
For every Hundred of Pipeſtaves, id. 29.
For every Dozen of Cinders or Charcoal, 29.
For every 20 Sheep Skins, 19.
every Quarter of Bark, 19.
For every Pack of Wool, or other Goods, id.
For every 12 Dozen of Bottles, id.
every 4 Buſhels of Roots, or Fruit, 29.



P. 414.
For
For
3D
For
194
OF PORTS, &c.
P. 415.
For every Ton of Hemp, Lime, or Flax, 7d.
For every Quarter of Ferne Aſhes, 2d.
For every ſmall Runtlett of Liquor, not exceeding 10 Gallons, iga
For every ſmall Caſk or Parcel, not exceeding 112 Pounds, 19. and ſo in
Proportion for a greater or leſs Quantity or Weight of any of the above-
mentioned Goods, &c.
And for every Ton of any other Sort of Goods or Ladings not mentioned,
according to the Cuſtom of Water Tonnage, 12d. and ſo in Proportion for any
greater or leſs Quantity, except Cobbles or Pebbles, for repairing Cauſeways in
the Town or Liberties.
Which Tolls and Sums ſhall be paid to the Mayor, Aldermen, and capital
Burgeſſes of Beverley, and their Succeſſors, or to a Perſon by them appointed to
receive them, and, after deducting the neceſſary Charges of obtaining this Act,
be applied, with the Duties granted by the former Act, to pay the Debt, and
cleanſe, and preſerve the Beck, and repair and keep up the Banks, Staiths, and
Roads, and to no other Uſe.
The Powers, Proviſos, Penalties, &c. in the former A& contained, relating
to the Tolls thereby granted, and not hereby repealed or altered, ſhall be in
Force from May 1, 1745, and extend to the additional Tolls, hereby granted,
and to every Pcrfon whom the ſame, or this preſent Act, may concern.
In Caſe any Perſon, having Management of any Ship or Vefſel, paſſing up
or down the River Hull or the Beck, laden or unladen, and who, by the
former Act is obliged to give in a true Account in Writing of the Quantity of
Goods, or Number of Tons, with which he is laded, Thall give in a falſe
Account thereof, being convicted on Oath before the Mayor, or any two
Juſtices of the ſaid Town, ſhall forfeit 205. &c. and ſhall alſo pay the Duties
by the faid Acts made payable for all ſuch Goods as remain in ſuch Veſſel, which
he fhall not have given an Account of, or paid Duty for ; but ſuch Perſon ſhall
not be ſubject to the Forfeiture of 205. unleſs his Lading exceed three Tons
more than he ſhall have given an Account of, or paid Duty for.
The Receiver, or Collector, appointed by the Mayor, &c. of Beverley, may
enter into any Ship or Veſſel, which ſhall paſs up or down the ſaid Beck, or
River Hull, within the Liberties aforeſaid, and ſearch, and take an n Account
of the Lading thereof; and, for Diſcovery of any Goods, &c. chargeable with
theſe Duties, and the Quantities thereof, may open, bore, gauge, weigh, and
meaſure, any Thing laded in ſuch Veſſel, and taſte Liquor, meaſure Coals,
and weigh or meaſure other Goods, finding proper Weights, Meaſures, and
Inſtruments, for the Purpoſes aforeſaid, and making ſatisfaction for any Loſs
or Damage done to Goods thereby. And for the like Diſcovery, to meaſure
and mark the Portage or Tonnage of any Veſſel uſually paſſing within the ſaid
Liberties; and, if any Maſter of ſuch Vefſel, or other Perſon, ſhall hinder ſuch
Collector, or other Perſon appointed to enter ſuch Veſſel, or to ſearch or take
an Account of the Lading thereof, or of the Sorts or Quantities of Goods, by
any Means aforeſaid, or to meaſure or mark the Portage, &c, the Maſter or
Perſon ſo offending ſhall forfeit 2os..&c.
Nothing in this Act ſhall take away or leſſen Duties, which, before making
this and the former Act, were payable to the Mayor, &c. of Beverley at the
River Hull, or Beverley Beck, or otherwiſe ; but the ſame ſhall continue to be
paid on all Sorts of Goods and Merchandizes, as before.
The Remainder of this Act is concerning the Roads, and cleanſing the Streets,
which, having no Relation to the Subject I am treating of, is omitted, &c.

P. 416.
P. 417-
KIRK CAL D Y.

15 Geo. II.
P. 119.
The Town of Kirkcaldy is ſaid to be well ſituated 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 theſe Advan-
tages cannot be had, unleſs the Harbour (which is very ruinous) be repaired
and made commodious, which will require a larger Sum than the Revenue of
the Town will anſwer, It is therefore enacted, that, after June 1, 1742, for the
Term of twenty-five Years, and to the End of the then next Seſſion of Par-
liament,
P. 120.
ÓF PILOT S, &c.
195
liament, a Duty ſhall be paid of two Pennies Scots, or one fixth Part of a Penny
Sterling (beſides the Duty paid to his Majeſty) on every Scots Pint of Beer
or Ale, either brewed, brought in, tapped, or ſold in the Town or Liberties
of Kirkcaldy; the Duty to be paid by the Brewers for Sale, or the Sellers of
the ſaid Liquors, to the Magiſtrates and Town Council, or ſuch Receivers as
they ſhall appoint.
The Provoſt
, Bailiffs, and Council, are appointed Truſtees to repair and
keep in Repair the faid Harbour, and other publick Works, as they ſhall think
proper, and to collect, receive, and diſpoſe of the Money ariſing by the Duty,
appoint proper Officers to gauge the Veſſels and Worts, which the Brewers P: 121.
ſhall permit in the fame Manner as the Officers of Exciſe are permitted.
The Truſtees are impowered to make Orders and give Directions for gauging,
collecting, and diſpoſing of the Money ariſing by the Duty as they ſhall think
moſt proper for the Purpoſes hereby granted, and to appoint Collectors, who
ſhall diſpoſe of the collected Money, as the Majority of the Truſtees ſhall direct,
for repairing and maintaining the Harbour and other publick Works.
Proper Books ſhall be kept by Order of the Truſtees, wherein the Particulars P. 123.
of all Diſburſements ſhall be entered; and once every Year (the firſt being thirty
Days after the ſaid firſt Day of June, 1742, and ſo ſucceſſively every Year) the
Accounts ſhall be fairly drawn out and ſtated by the Collectors, and delivered to
the Majority of the Truſtees on Oath, which Oath any one of the Truſtees has
Power to adminifter.
And for the more ſpeedily affecting the Purpoſes of this Act, the Majority of
Truſtees, by an Act of the Town-Council, may borrow Money, and aflign over
the Duty as a Security to the Lenders, at common Intereſt.
Perſons not paying the Duty when demanded, may be ſummoned before any
of the Magiſtrates ; and, if they do not then appear, or pay the Duty, any one
of the Magiſtrates may make an Order for the Payment, and, if they refuſe to
pay three Days after Notice of ſuch Order, the Collectors may have a Warrant
to diſtrain; and if Payment be not made ten Days after the Diſtreſs they may p. 123.
ſell the ſame, and deduct for reaſonable Charge (not exceeding a fifth Part of
the Sum diſtrained for) rendering the Overplus to the Owner, if any be, and
demanded.
Any Ale or Beer brought in, or ſold in the ſaid Town and Privileges, having
not paid the Duty, ſhall be forfeited, with the Caſk for the Uſe of the Town.
If any Diſpute ariſe between the Sellers and Collectors, the Differences ſhall
be decided by the Vouchers taken by the Exciſe Officers; and the Exciſe Officers
are required to give authentick Copies of the ſaid Vouchers once in fix Weeks
to ſome of the Truſtees or their Collectors, for that Purpoſe.
If any conceal or embezzle any Wort, Ale, or Beer, to avoid paying the Duty P. 124.
the Parties convicted before any two of the Magiſtrates ſhall forfeit the Value
of what ſhall be concealed, and ten pounds Scots for the Court Charges, for
which Diſtreſs may be made.
The Majority of Truſtees, with Conſent of the Overſeers after named, may
farm out the Duty for the beſt Price they can get, and apply the Money as this
Act directs.
The Right Hon. Fohn, Earl of Rothes, the Right Hon. James, Earl of Morton,
the Right Hon. James, Earl of Murray, &c. or any three, are appointed Over-
feers of the Duty, and Receipts and Diſburſements thereof, and ſhall meet on
the firſt Wedneſday in Auguſt, 1743 at Kircaldy, and ſo fucceffively, on the firſt
Wedneſday in Auguſt yearly, and adjourn as they ſhall think proper, to examine
the Diſburſements, and the Application thereof: And, if the Major Part of the p. 125.
ſaid Overſeers preſent thall find any Miſapplication of the Money, or other Abuſe
of the Powers granted by this Act, they may adjudge the Offenders, or Em-
bezzlers, to pay the Value of what is embezzled, with full Coft and Damages;
which Sentence Thall be final; and, if any of the Overſeers ſhall die, remove,
or refuſe to act, any three of the remaining Overſeers may chuſe others in their
No Diſtreſs taken by Authority of this Act, ſhall any Ways affect the King's
Duty of Exciſe; nor shall any Perſons be charged with any Quantity of Wort if
it ſhall appear, that the Duty hereby made payable has been once paid.
This




Places.
22
196
OF PORTS, &c.
P. 126.
This Act ſhåll be deemed a publick Act, and ſhall be judicially taken Notice
of, &c.
ANSTRUT HER EASTER.
22 Geo. II.
P. 299.
P. 300.
P. 301.
In the Preamble it is ſaid, that a great Trade has been carried on in the Town
of Anſtruther-Eaſter, in the County
of Fife, in Scotland, particularly of Fiſhery,
and that a Cuſtom-houſe has been erected there for many Years, on Account of
the Commerce of the ſaid Town, and that the Harbour thereof is very ſafe and
convenient for Ships; and eſteemed the moſt commodious in that part of the
Country; and, it having been judged neceffary, for the Improvement and
Preſervation of the ſaid Harbour, as alſo for facilitating the failing of Ships
int and out with more Safety; that a croſs Pier ſhould be erected, which was
accordingly begun, and ſome Progreſs made therein; but, as the completing
the ſame will require a larger Sum than the Revenue of the Town will anſwer,
It is therefore enacted, that after Auguſt 1, 1749, for the Term of twenty-five
Years, and to the End of the then next Seſſion of Parliament, a Duty of two
Pennies Scots, or one ſixth Part of a Penny Sterling (beſides the Duty payable
to his Majeſty) ſhould be laid on every Scots Pint of Ale or Beer, either brewed,
brought in, tapped, or ſold in the Town or Liberties of Anftruther-Eaſter ; the
Duty to be paid by the Brewers for Sale, or the Sellers of the laid Liquors, to
the Magiſtrates and Town-Council, or ſuch Collectors or Receivers as they ſhall
appoint : And the ſaid Magiſtrates and Town-Council, and their Succeſſors in
Office, for the Time being, are appointed Truſtees, to clean, deepen, rebuild,
repair, and improve the ſaid Harbours and Piers, and for executing all other
Powers given by this Act; and the Money raiſed by the faid Duty ſhall be veſted
in the Truſtees, and be applied to the ſeveral Purpoſes aforeſaid, the Charges
expended in paſſing this Act being firſt deducted.
The Truſtees are to appoint proper Officers to gauge the Brewers Veſſels and
Worts, which the Brewers ſhall permit, in the ſame Manner as the Officers of
Exciſe are permitted.
The Truſtees are impowered to make Orders, and give Directions for guag-
ing the Veſſels, and collecting and diſpoſing of the Money ariſing by the Duty,
as they ſhall
think moſt proper for the Purpoſes hereby granted ; and Mall be
paid to the Collectors appointed, who ſhall diſpoſe of the collected Money as
the Majority of Truſtees ſhall direct, for the Purpoſes aforeſaid, and to no other
Uſe.
Proper Books ſhall be kept, by Order of the Truſtees, wherein an Account of
all Receipts and Diſburſements ſhall be entered; and alſo for what Uſe the Pay-
ments were made ; and once every Year (viz. within thirty Days after the faid
firſt Day of Auguſt, 1749, and ſo fucceffively every Year) the Accounts ſhall be
fairly drawn out, and ſtated by the Collectors, and delivered to the Majority of
Truſtees on Oath; which Oath any one of the Truſtees is to adminiſter.
And for the more ſpeedily effecting the Purpoſes of this Act, the Majority of
Truſtees, by an Act of the Town-Council, may borrow Money, and aſſign over
the Duty as a Security to the Lenders, at legal, or leſs Intereſt, the Charges
thereof to be paid out of the Duty; and the Money ſo borrowed ſhall be applied,
in the firſt Place, to pay off the Charges of obtaining this Act, and then for the
Purpoſes aforeſaid.
Perſons not paying the Duty when demanded, may be ſummoned before any
of the Magiſtrates; and, if they do not then appear or pay the Duty, any one
of the Magiſtrates may make an Order for the Payment; and, if they refuſe to
pay, three Days after Notice of ſuch Order, the Collectors by Warrant, may
diſtrain, &c.
Any Ale or Beer brought in, or ſold in the ſaid Town and Privileges, having
not firſt paid the Duty, ſhall be forfeited, with the Caſk, for the Uſe of the
Harbour
If any Diſpute ariſe between the Sellers and Collectors, touching the Quan-
tity of Wort or Beer chargeable, the Difference ſhall be decided by the Vouchers
taken by the Exciſe Officers, &c.

P. 302
P. 303
P. 304.
2,
If
OF PORTS, &c.
197
P. 351.
Money ariſing by the Duty, as
If after Auguſt 1, 1749, any Perſon ſhall conceal or embezzle any Wort, Ale,
or Beer, to avoid paying the Duty, the Offender ſhall forfeit the Value of what
is concealed, and ten Pounds Scots, for which Diſtreſs may be made.
The Majority of the Truſtees, with Conſent of the Overſeers after named,
may farm out the Duty by Way of publick Roup, for the beſt Price they can
get, and apply the Money as this Act directs.
Sir John Anſtruther, of Anſtruther, Baronet, John Anſtruther, the Younger, P. 305.
of Anſtruther, Efq; Sir Philip Anſtruther, of Balkaſkie, Baronet, &c. or any
three, are appointed Overſeers of the Duty, &c. and ſhall meet on the firſt Wed-
neſday in Auguſt, 1750, at Anftruther-Eaſter, and ſo fucceffively on the firſt Wed-
neſday in Auguſt yearly (and adjourn as they ſhall think proper) to examine the
Receipts and Diſburſements, and the Application thereof; and, if the major
Part of the ſaid Overſeers preſent ſhall find any Mifapplication of the Money, or
other Abuſe of the Powers granted by this Act, they may examine the Party
and Witneſſes, and make ſuch an Order upon Conviction as they ſhall judge
reaſonable, and adjudge the Offenders to pay the Value of what is embezzled,
with Coſts, &c.
No Diſtreſs, taken by Authority of this A&, ſhall any Ways affect the King's
Duty of Exciſe.
This A& ſhall be deemed a publick Act, and ſhall be judicially taken Notice
of as ſuch by all Perſons whatſoever.
KING HORN.'
In the Preamble it is ſaid, That the Harbour of the Town of Kinghorn, in 22 Geo.IT.
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 thoſe
Advantages cannot be continued and eſtabliſhed, unleſs the Harbour (which has
been for ſome Years laſt paſt, and now is, in a ruinous Condition) be effectually
repaired, and made commodious for Shipping, and all ſuch Perſons as ſhall make
Uſe thereof; and as the whole Revenue of the Town, applicable towards the
repairng of the faid Harbour, is not near fufficient to keep the ſame in good
Repair, It is therefore enaeted, that after June 1, 1749, a Duty of two Pennies
Scots, or one fixth Part of a Penny Sterling (beſides the Duty of Exciſe
pay-
able to his Majeſty) ſhould be laid on every Scots Pint of Ale and Beer, either
brewed, brought in, tapped, or ſold in the Town or Liberties of Kinghorn, &c.
The Provoſt, Bailiffs, and Council, of the Town of Kinghorn, &c. are ap-P. 352.
pointed Truſtees for the re-building, or amending, and keeping the ſaid Har-
bour in Repair; and for collecting and diſpoſing of the Money ariſing by the faid
Duty, and the Majority of them are impowered to appoint Officers to gauge the
Brewers Vefſels, Worts, Ale, and Beer, which the Brewers ſhall permit to be
done in the ſame Manner as the Officers of Exciſe are permitted.
The Truſtees, or a Majority of them, are impowered to make Orders, and
give Directions for gauging the Veifels, and collecting and diſpoſing of the
hereby granted, and the ſame ſhall be paid to the Collectors appointed, who
fhall diſpoſe of the collected Money, as the Majority of Truſtees ſhall direct,
towards the Rebuilding or Repairing the Harbour, and for preſerving the fame,
and other publick Works of the Town, (the Charges of paſſing this Act being
firſt deducted) and to no other Uſe.
Proper Books ſhall be kept by Order of the Truſtees, wherein an Account of P. 354.
all Receipts and Diſburſements ſhall be entered, &c. and once every Year (viz.
within thirty Days after the iſt Day of June, 1749, and fo ſucceſſively every
Year) the Accounts ſhall be fairly drawn out and ſtated, &c.
And for the more ſpeedily effecting the Purpoſes of this Act, the Majority of
Truſtees, by an Act of the Town Council, may borrow Money, and aſſign over
the Duty, as a Security to the Lenders, at legal, or leſs Intereſt, the Charges
thereof to be paid out of the Duty; and the Money ſo borrowed, ſhall be ap-
plied as the Duty ariſing by this Act, for the Purpoſes aforeſaid.
Perſons not paying the Duty when demanded, may be ſummoned before any P. 355,
of the Magiſtrates, who may diſtrain for it, and ſell the Diſtreſs, &c.


P. 353•
3 E
Any
198
OF PORT S; &c.
P. 356.
Any Ale or Beer brought in, or ſold in the ſaid Town, &c. having not firſt
paid the Duty, ſhall be forfeited, &c.
If any Diſpute ariſe between the Collectors and Sellers, &c. it ſhall be decided
by the Vouchers taken by the Exciſe Officers, & €.
If, after the iſt of June, 1749, any Perſon ſhall conceal or embezzle
any
Wort, &c. the Offender, on Conviction, thall forfeit the Value, and ten
Pounds Scots, &c.
The Majority of Truſtees may farm out the Duty by Way of publick Roup,
for the beſt Price they can get, and apply the Money as this Act directs.
John Saint Clair, of Saint Clair, the Honourable Lieutenant General James
Saint Clair, of Innertiel, Robert Ferguſon, of Reath, &c. Eſqrs. or any three,
are appointed Overſeers of the Duty, &c. and ſhall meet on the firſt Wedneſday
in Auguſt
, 1750, at Kinghorn, and ſo fucceſſively on the firſt Wedneſday in Au-
guſt yearly, to examine the Receipts, &c.
No Diſtreſs, taken by Authority of this Act, fall any Ways affect the King's
Duty of Exciſe, &c.
This Act ſhall take Place, and be in Force from and after the iſt of June,
1749, for thirty-one Years, and from thence to the End of the then next Seſſion
of Parliament.
This Act ſhall be deemed a publick A&, &C.
N. B. As this laſt Act is, in many Particulars, verbatim the famë with the
two preceding ones, I have abbreviated it wherever the Senſe of it would admit,
not to trouble the Reader with unneceſſary Repetitions, eſpecially where there are
too niany unavoidable ones already.

P. 357
P. 358.
COLCHESTER to W I V E N HO E.
23 Geo, II.
P. 379.
P. 380.
By an A&t of 9 and 10 Will
. and Mary, intitled, An A&t for cleanſing, and,
making navigable, the Channel from the Hithe at Colcheſter to Wivenhoe, ſeveral
Duties were granted on Goods and Merchandizes, which ſhould be brought in,
and to the ſaid Channel, and landed or ſhipped from Wivenboe, or the New
Hithe in Colcheſter, or between either of the ſaid Places, for the Term of twenty-
one Years, for the Uſes and Purpoſes mentioned in the ſaid Act; and ſeveral
Powers were yeſted in the Mayor, Aldermen, Aſſiſtants, and Common Council
of Colcheſter only, for appointing Collectors, &c. to receive the Duties; which
Act, and all the Powers and Authorities thereby given, and one Moiety of the
Duties (except upon Corn and Grain) were, by an Act of 5 Geo. I. continued
until the iſt of May, 1740; and further Power was thereby given to the Mayor
and Commonalty only, for recovering the ſaid Duties; and by one other Act of
13 Geo. II. intitled, An Act for enlarging the Term granted by an Act paſſed the
9 and 10 Will
. III. for cleanſing and
making navigable the Channel from the
Hithe at Colcheſter, to Wivenhoe, and for making the ſaid Atts and another Act of
5 Geo. I. for enlarging the Term, &c. more effettual; it is enacted, that the
ſaid two former Acts, together with the additional Powers granted by the Act
of 13 Geo. II. ſhould be in Force from the iſt of May, 1740, for ever; and that
the Duty on Sea Coal ſhould, after the ſaid iſt of May, be 3d. per Chaldron,
and no more, payable for the Term of forty Years; and by the ſaid Act it was
declared, that no other Duty (except the Arrears due under the former Act)
ſhould be raiſed upon any other Goods or Merchandizes whatſoever; and the
ſaid Mayor and Commonalty of Colcheſter only, were, by the laſt-mentioned
Act veſted with further Power for ſueing for the Duties, and the Arrears under
the former Acts: And as a very large Lock, which has been erected ſeveral Years
ſince in the Channel, has been found of great Uſe and Service to the Navigation,
and is now in a decaying Condition, and much out of Repair, and the Channel,
in ſome Parts, is much choaked up, ſo that the Navigation is greatly obſtructed
which has been occaſioned principally by there being great Arrears of the Duties,
granted by the recited Acts, for many Years due, and ſtill unpaid; and alſo a
large Sum of Money remaining in the Hands of the Repreſentatives of the late
Receiver General of the Duties, which ought to have been recovered and applied
for repairing the ſaid Lock, and cleanſing the Channel; but, as the Power of
the Mayor and Commonalty of Colcheſter had ceaſed for many Years laſt paſt,


P. 381.
I
(in
OF PORTS, &c:
199
P. 3833
(in whoſe Name only the ſaid Duties were to be recovered; and Diſcharges
given) the ſaid Duties and Arrears cannot now be recovered and collected, for
Want of Power to give Diſcharges for the fame; and, there being no other
Fund to raiſe Money for the purpoſes aforeſaid, the ſame cannot now be done
without further Proviſion be made for it, by Authority of Parliament; it is
therefore enacted, that the ſeveral Parcels of Land ſevered, and lying between
the preſent Channel, and the Place where the old Channel was, and alſo the
preſent Channel, Lock, and-Lockhouſe, and all the Powers; Matters, and
Things, which, by the three former Acts before-mentioned, were veſted in the
Mayor, Aldermen, &c. of Colcheſter, or the Commiſſioners named for any
of
the Purpoſes therein mentioned (and not hereby altered or varied) ſhall, from
the iſt of May, 1750, be in Force, and be veſted in the Juſtices of the Peace
of the Eaſt Diviſion of the County of Ejjex, for the Time being, the Honourable P. 382.
Richard Savage Naſau, Charles Gray, &c. (who are hereby conſtituted Com-
miffioners for putting the ſaid ſeveral former Acts, and this Act, in Execution)
and the Survivors of them, &c. for the Term of thirty Years, and to the End
of the then next Seſſion of Parliament, &c.
From and after the iſt of May, 1750, an additional Duty of 3d. a Chaldron
ſhall be paid on ſea Coal, over and above the Duty of 3d. payable thereon, by
Virtue of the Act of 13 Geo. II. for the Space of thirty Years, and no other
Duty (except the Arrears due under the former Acts) ſhall be raiſed on any
Goods or Merchandizes whatſoever, and the Commiſſioners are impowered to
levy and recover the Duty of the ſaid Act 13 Geo. II. and the additional Duty
hereby granted ; together with the Money remaining in the Hands of the Re-
preſentatives of the late Receiver General of the Duties; and alſo all Sums of
Money due from any Perſons on Account of the ſaid Duties, or Penalties, For-
ſeitures, &c.
The Commiſſioners, after paying the Expences of this Act, may diſpoſe of P. 384.
the Monies, towards the ſeveral Uſes and Purpoſes mentioned by the former Act,
in ſuch Manner as they ſhall think proper.
The Commiſſioners, at any of their Meetings, may borrow Money, at a legal
or leſs Intereſt, on the Credit of the Duties, and aſſign over the ſame (the
Charges thereof to be paid out of the Duties) for any Term during the Con-
tinuance of the laſt mentioned, and this Act, as a Security for Re-payment
thereof; and the ſaid Money, after Payment of ſuch of the expences of obtain-
ing this Act, as the Sums before directed to be applied for that Purpoſe ſhall
be deficient, is to be applied for the ſeveral Uſes and Purpoſes mentioned in the
preſent and former Acts.
Six Days Notice, excluſive of the Days of Notice and Meeting, under the
Hand of the Clerk to the Commiſſioners, is to be fixed upon the Outſide of the
Door of the Mootball, or on the Market-Place of the Town of Colcheſter, of the
Meeting of the Commiſſioners, to borrow Money on Credit of the Duties.
All Mortgages and Aſſignments for Re-payment of the Monies ſo to be bor-
rowed, are to be entered at length in a Book, to be kept for that Purpoſe, by
the Clerk to the Commiſſioners, which may be peruſed at ſeaſonable Times, by
any
Perſons whomſover, on Payînent of is. only.
The Commiſſioners, at any of their Meetings, may place out at Intereſt, in
the Names of three or more of them, any Sums which ſhall not be immediately
neceſſary to be applied for the Purpoſes before mentioned, upon any real or
parliamentary Securities, or the publick Funds, and may call in and apply the
fame, and the Intereſt ariſing thereby, from Time to Time, in the Support and
Maintenance of the ſaid Lock, and cleanſing the Channel, and other Purpoſes
aforeſaid.
The Commiſſioners, at any of their Meetings, are impowered to chiuſe and
appoint one or more Collectors or Receivers of the Duties granted by the faid Act
of 13 Geo. II. and by this Act, who are to give Security to three or more Com
miſſioners, for the Monies that ſhall be received by them, and for the faithful
Execution of their Office; and they may alſo appoint a Clerk, and ſuch other
Officers and Servants, as ſhall be needful to be employed about the Premiſes ;
and

P. 389.


200
OF PORTS, &c.
P. 386.
P. 392
and may remove them, and elect others in their Place, in Caſe of Death, or ſuch
Removal; and may allow them reaſonable Salaries out of the Monies to be raiſed.
Thirteen Commiſſioners, at the leaſt, two of which are to be Juſtices of the
Peace of the Eaſt Diviſion of the County of Eſſex, are to be preſent at all Meet-
ings, for the Purpoſes of putting this, or the former Acts, in Execution; and
three Days Notice of every ſuch Meeting, excluſive of the Day of Meeting,
under the Hand of the Clerk, is to be fixed upon the Outſide of the Door of
Moothall, or on the Market-Place of the Town of Colcheſter. Ona
Perſons accepting of any Place of Profit, or other Truſt relative to the ſaid
Duties, or farming any Key within the Limits of this Act, are made incapable of
acting as Commiſſioners.
The Preſcriptive, or other Rights of the Borough of Colcheſter, are to continue
and remain the ſame, as if this Act had not been made, in all Things not intera
fering with the Directions and due Execution thereof,
All Suits or Actions, to be brought for any Thing done under any of the
former Acts, ſhall be commenced within fix Months after the Commencement
of this Act; and, if any Action or Suit ſhall be brought for any Thing that ſhall
be done in Purſuance of any of the ſaid former Acts, or this preſent Act, ſhall
be commenced in fix Months after the Fact committed, and ſhall be brought in
the County of Eſſex; the Defendants may plead the general Iſſue, that the
fame was done by the Authority of the former Acts, or this Act; and if it ſo
appear, or if the Suit be brought in any other County, the Jury ſhall find for
the Defendants; or if the Plaintiffs become Nonfuit, or diſcontinue their Action,
or a Verdict paſs againſt them, or on Demurrer, Judgement is given againſt them,
the Defendants ſhall have treble Coſts, on the Certificate of the Judge before
whom the Cauſe was tried, and ſhall have the ſame Remedy as Defendants have
for Coſts in other Caſes by Law.
This Act ſhall be deemed a publick Act, and ſhall be judicially taken Notice
of as ſuch by all Judges, &c. without ſpecially pleading the fame,
TAU
WHITE H A V E N. Sronoidismo
Whereas the Town of Whitehaven in the County of Cumberland, is, of late
Years, greatly improved in Trade and Shipping, and is yet capable of farther
Improvements therein, to the great Advancement of her Majeſty's Revenue, the
Increaſe of Shipping and Navigation, and the Benefit of the ſaid Inhabitants,
and of the adjacent Country, if the Harbour of the ſaid Town can be preſerved,
was enlarged and regulated in a proper Manner : And whereas the Appli-
found inſufficient to defray the growing Charges of maintaining the faid Har-
bour, and of making ſuch new Works as are ſtill neceſſary for ſecuring it, To
the End therefore that ſuch Courſe may be for ever eſtabliſhed as ſhall be effectual
for the Purpoſes aforeſaid,
It is enačted, That all that precinct, included within the Limits and Bounds
herein after expreſſed, viz. beginning at the Wharf, on the North-Weſt Ends
of Marlborough-Street, and from thence, in a Line North-Eaſt and by North,
till the Middle of Lowther-Street, open upon it, and from thence in a ſtraight
Line parallel to the Range of the fame Street, directly to the Low-Water Mark,
from thence, by the Low-Water Mark to the Rock whereon the new Mole is
begun to be erected, and 10 along the ſaid Rocks, by the Low-Water Mark, till
it anſwer the Line of the ſaid Mole, from thence along that Line till it comes up
to the ſaid Mole, and ſo along the fame
fame Mole, till it join-upon the old Pier at
the Platform, and from thence, including the ſaid Platform, along the new
Wharf, till it meet with the Wharf of the Weſt Strand, near the Houſe of Mary
Addiſon, Widow, from thence along the fame Wharf by the Cuſtomhouſe Key,
a ſtraight Line to the Weſt Side of the Timber-Yard, and fo along the
Wall of the ſaid Yard, to the North-Weſt Corner thereof, and from thence by
the North-Weſt Wall of the ſame Yard to the Wharf where it begun, as the
fame has lately been ſet out and bounded, is, and ſhall be from henceforth for
ever, the Harbour of Whitehaven aforeſaid, and appropriated to the lying,
anchoring, and mooring of all ſuch Ships, Veſſels, and Boats, as ſhall have
4
Occaſion,


Anne.
and
S. 1.
in a
<
OF PORT S, &c.
201
Plot,
Occaſion, at any Time or Times hereafter, to make Uſe of the ſame, and to no
other Uſe or Purpoſe whatſoever.
No Houſes, Encloſures, or Buildings whatſoever, fhall, at any Time hereafter,
be made nearer the faid Harbour, than is hereafter limnited, viz. On the West
Strand, nearer than the prefent Houſes, &c. there, on the new Wharf, between
Mrs. Addiſon's Houſe, and the North-Eaſt Corner of Henry Walker's Ground-
nearer than the Range of the faid Houſe and Ground, and from thence
to the Iron Oar Steaths, nearer than forty-eight Yards at Henry Walker's drawn
to forty Yards ; at the ſaid Steaths from thence to the North-Eaſt Corner of
the ſaid Steaths, nearer than the Eaſt Range of the fame, and from thence to
the Anchor-Smith's nearer than eighteen Yards, and from thence to the Plat-
form, nearer than the Range of Herfon's Smithy, and from the Platform along
the new Mole, to the Elbow of the ſaid Mole, nearer than twelve Yards, and
from thence to the Low-Water Mark, nearer than a Line ſtretching to the
North-Weſt, and along the Counter Mole intended to be made on the North-
Eaſt Side of the Harbour, nearer than the Range of the North-Eaſt Side of
Lowther-Street, nor from thence to the Timber-Yard, nearer than fifteen Yards;
but that all the Space aforeſaid ſhall be left free and open for the erecting of
Pofts for the mooring of Ships and Veſſels, and for the other Uſes of common
Wharfs or Quays for the Conveniency of the Shipping in Repairs or otherwiſe ;
and that nothing ſhall be taken or demanded, for, or upon, the Accounts of
Wharfage, for the Uſe of any of the ſaid Wharfs or Quays, nor for any Cra-
nage thereon, unleſs yames Lowther, Eſq. or his Heirs, &c. and eleven or
more of the Truſtees herein after appointed, Thall agree to erect or make any
Crane or Cranes, or other Engine, on the ſaid Wharfs, or any of them, which
they are hereby impowered to do, as they ſhall think convenient, for the better
loading and unloading of any Goods, in which Cafe a reaſonable Cranage, or
Recompence, ſhall be paid for the Uſes of the ſaid Harbour, by ſuch Merchants,
or others, as ſhall be willing to make Uſe of the fame, and not otherwiſe.
Provided, that the ſaid James Lowther, his Heirs, &c. Lords of the Manor of s. 2.
St. Bees, in the faid County of Cumberland, ſhall and may, from Time to Time,
continue the Watch-houſe, and the Blockmaker's Shop, and Store-Room at the
End of the Pier, and repair or rebuild the ſame, and receive the Rents and
Profits thereof to his and their own Uſe.
A fufficient Way, open and free for Carts, and other Carriages, ſhall be left s.
along each of the ſaid Wharfs, and along the ſaid Pier, and through the Wharf
between Henry Walker's Ground Plot and Iron Oar Steaths, from the Ground
of the ſaid James Lowther behind the ſame Wharf, not leſs than three Yards,
next adjoining upon the faid Steaths; any thing in this Act contained to the
contrary notwithſtanding.
And as it is found neceſſary to complete and finiſh the new Mole aforeſaid, and S. 5.
to make a Counter-Mole and Head on the North-Eaſt Side of the ſaid Harbour,
to ſtrengthen and repair the Pier with a new Bulwark and other Works, and to
Cleanſe and deepen the faid Harbour ; be it further enacted, that, in Lieu of the
aforeſaid accuſtomed Duties of Anchorage, which have been heretofore uſually
paid (all which Duties are hereby wholly and for ever taken away and diſcharged)
there Thall be paid, from and after the 25th of March, 1709, for the Term of
fourteen Years then next enſuing, the ſeveral Rates and Duties herein after
mentioned, viz. One Halfpenny for every Ton, computing 192 Gallons, Win-
cheſter Meaſure, to the Ton, for all Coals that fhall be delivered to be put on board
any Ship or Veffel in the ſaid Harbour for Exportation; which Duty on Coals
ſhall be paid by the Maſter or other Perſon, who ſhall have the Rule or
Command of ſuch Ship or Veffel, after the faid Coals are ſo fhipped, and be-
fore fuch Shipor Veffel go out of the ſaid Harbour, and ſhall be diſcounted with
the Owner of Proprietor of the ſaid Coals out of the Price of the ſame; and
the faid Maſter, &c. is hereby impowered to diſcount and detain the ſaid Duty
accordingly.
There fhall be paid, for all Goods and Merchandize, which ſhall be imported s. 6.
and landed or diſcharged out of any Ship or Vefſel in the ſaid Harbour, from
3 F
and


4.
202
OF POR TS, &e.
S..
S. 8.
and after the ſaid 25th of March, for, and during all the Term aforefaid, the
ſeveral Rates and Duties following, viz. For every Hogſhead of Tobacco 3d.
for every Hogſhead of Sugar 6d. for every Ton of Wine, Brandy, or other
exciſeable Liquors, 25, for every Ton of Hemp or Flax Is. 6d. for every
Hundred of Deals 8d. for every Laſt of Pitch or Tar 8d. for every Ton of Iron
12d. for every Ton or Raft of other Timber 4d. for every Barrel of Herrings
id. for every Pack of Linen, containing two Hundred Weight, computing 112
Pounds to the Hundred Weight, is. and proportionably for every greater or
leſs Quantity of the ſaid Goods and Merchandizes reſpectively, and for all other
Goods and Merchandizes ſo imported, 2d. in every 20s. of the Value, as they
ſhall be rated and charged at the Cuſtom-houſe; all which Sums of Money and
Duties upon Importation ſhall be paid by the Merchant, or other Perſon, into
whoſe Cuſtody or Poſſeſſion, or by whoſe Order, the ſaid Goods and Merchan-
dize ſhall be delivered.
From and after the ſaid 25th of March, for, and during the Term aforeſaid, every
Maſter, &c. commanding any Ship or Veſſel, ſhall pay for every ſuch Shipor Vef-
ſel, upon her Arrival at the ſaid Port and Harbour from any other Port or Place
in the Kingdoms of Great Britain or Ireland, the Sum of 2d. per Ton, and from
any Port or Place of her laſt Diſcharge in Europe, other than the Kingdoms of
Great-Britain or Ireland, the Sum of 4d. per Ton; and from any Port or Place
of her laſt Diſcharge in Aſia, Africa, or America, the Sum of 8d. per Ton, ac-
cording to the Tonnage of each Ship or Veſſel ſo arriving there, the ſaid Tonnage
to be admeaſured as is deſcribed in an AEt the 5th and 6th of Will. and Mar.
intituled, An Aet for granting to their Majeſties ſeveral Rates and Duties upon
Tonnage of Ships, &c.
Provided, that for every Ship or Vefſel, which, during the Term aforefaid,
ſhall, by Streſs of Weather, be drove into the faid Harbour of Whitehaven; or
Thall otherwiſe come into the ſame for Security or Preſervation (the ſaid Port or
Harbour not being the Port of their Diſcharge or Lading) there ſhall be paid one
fourth Part of the aforeſaid Duties of Tonnage upon Shipping, according to the
Ports or Place from whence they ſhall arrive, as aforeſaid, reſpectively and no more.
From and after the Expiration of the aforeſaid Term of fourteen Years, one
third Part of the Rates and Duties herein before charged upon the Tonnage of
Ships and Veſſels, and no more, ſhall for ever continue and be paid in Manner
aforeſaid, for the perpetual repairing, cleanſing, and maintaining, of the faid
Harbour of Whitehaven.
And, for the better collecting and diſpoſing of the ſeveral Sums of Money,
Rates, and Duties, hereby made payable, as well after the Expiration of the
ſaid Term, as during the Continuance of it, and for the making and ordering of
the Works herein before enumerated, and for the perpetual good Order and
Regulation of the Harbour aforeſaid; be it enacted, that the ſaid James Lowther
his Heirs and Aſſigns, Lords of the Manor of St. Bees aforeſaid, for the Time
being, or, in his or their Abſence, any Perſons deputed by them, under their
Hands and Seals, and ſix other Perſons to be likewiſe nominated, appointed,
and changed, from Time to Time, by the ſaid James Lowther, his Heirs and
Afligns aforeſaid, under their Hands and Seals, and William Feryes, Clement Ni-
cholſon, Thomes Lutwidge, Robert Blacklock, Eliſha Gale, &c. Merchants, until
the firſt Friday in the Month of Auguſt, 1716; and if, during that Term, any
of them happen to die or reſign, then ſuch Perſon and Perſons, as the greater
Part of the Survivors of them ſhall nominate and elect, during the Reſidue of the
ſaid Term, and from thenceforth fourteen Perſons to be choſen, nominated, and
appointed, every three Years, by Ballot, by the Majority of the Inhabitants of
the ſaid Town of Whitehaven, at the Time of ſuch Election, dealing by Way
of Merchandize in the Goods ſubjected to the Payments and Duties aforeſaid,
or any of them ; or being Maſter, or having any Part or Share, not leſs than
one Sixteenth, of any Ship or Veſſel then actually belonging to the Port of
Whitehaven ; the firſt Election to be made on the ſaid firſt Friday in Auguſt,
1716, aforeſaid, at the Court-houſe in the Town of Whitehaven ; and fo, from
Time to Time, on every firſt Friday of every Month of Auguſt, in every third
Year



S. 9o
S. 10,


OF PORTS, &c.
203
Year after the ſaid firſt Election ſucceſſively for ever, ſhall be, and are hereby
conſtituted and appointed Truſtees, for the ordering and directing the Col-
lection, Receipt, and Diſpoſal of the Sums of Money and Duties, which, from
Time to Time, by Virtue of this Act, ſhall become due and payable, and for
ordering and directing the Building, and making the Works in this A& before
enumerated, and for deepening, cleanſing, and regulating the ſaid Harbour of
Whitehaven, in ſuch Manner as in this Act is provided.
DA
And to the End the faid Duties and Payments may be duly collected, levied, s. 11.
and paid, according to the true Intent and Meaning of this Act, it is further
enacted, that it ſhall be lawful for eleven or more of the ſaid Truſtees, to chuſe
and appoint ſuch Collectors and Receivers of the Duties and Monies payable
by this Act, and to diſplace them, and appoint others, as they ſhall think fit.
Provided, that the ſaid Truſtees take for ſuch Collectors, &c. good and ſuf- S. 12.
ficient Security for the faithful Diſcharge of their reſpective Duties, &c.
The faid Collectors and Receivers ſhall receive for their Pains, in executing S. 130
their offices, ſuch Sums as the Truſtees ſhall think fit, not exceeding, for all
together, Izd. in the Pound; and the Truſtees are hereby impowered to meet
on the firſt Friday in the Month of June, in every Year (or oftener if they
think fit) at the Court-houſe in Whitehaven, to audit the ſaid Collectors, &c.
Accounts, which, with all their Proceedings relative to the Truſts, ſhall be
fairly entered into Books provided for that Purpoſe.
All the Sums of Money and Duties, collected by Virtue of this Act, ſhall be S. 14.
applied and diſpoſed for the Uſes of the ſaid Harbour, and in ſuch Manner as is
in this A& directed, and for no other Uſe, Intent, or Purpoſe whatſoever, viz.
Eleven or more of the ſaid Truſtees ſhall, and may, from Time to Time, direct
and order the making of the aforeſaid Works, and the deepening and cleanſ-
ing of the ſaid Harbour, in ſuch Manner as they ſhall think moſt neceſſary and
conducive to the Ends and Purpoſes aforeſaid, according to the true Intent and
Meaning of this Act; and ſhall likewiſe order and direct the fixing and erecting
of Poſts for Mooring, on the ſaid Pier and Wharfs, as they ſhall think expe-
dient, and the perpetual repairing of the ſaid Pier, Moles, Wharfs, and moor-
ing Pofts, and the cleanſing and maintaining of the ſaid Harbour ; and thall
order the Removal of all Annoyances to the ſaid Harbour and Wharfs, and may
contract with Workmen ; but firſt repay the Charges of paſſing this Act, &c.
Provided always, that no other Walls, Encloſures, or Breaſt-Works, but S. 15.
what are directed in this Act, be made within the Limits of the ſaid Harbour,
upon any Pretence whatſoever, without the Conſent and Approbation of the
faid James Lowther, his Heirs, &c. and of ſeventeen, or more, of the Reſt of
the faid Truſtees for the Time being.
And be it further enacted, that no Ship ſhall unload any Ballaſt in the ſaid S. 16.
Harbour in the Night Time, nor throw any Thing into it, either of Stone,
Rubbiſh, &c. There ſhall not be kept any Fire, nor any lighted Candle (ex-
cept in a Lanthorn, or in Caſe of Neceſſity) on board any Ship or Veſſel lying
in the ſaid Harbour, under different Penalties, &c. That, if any Ship or Vefſel
ſhall, through Miſmanagement or Careleſſneſs, run foul, or bilge upon the Pier,
Moles, or new Wharf belonging to the ſaid Harbour, whereby the ſame
ſhall be any Ways damnified, the Maſter or Ruler of ſuch Ship or Vefſel ſhall,
with all convenient Speed, upon Notice, repair the Damages fo ſuſtained, at
the Charge of ſuch Ship or Veſſel, under the Penalty of double the Value
thereof, for every ſuch Neglect. That, for the natural Securities of the ſaid
Harbour, no Perfon ſhall quarry, take, or carry away any Stones, either below
the High-Water Mark, or from the Baurgh, &c.
Provided nevertheleſs, that the ſaid James Lowther, &c. and any ſeventeen, s. 17
or more, of the Reſt of the Truſtees, may, from Time to Time, as they ſhall
ſee Occaſion to explain or alter all, or any, the aforeſaid Orders, in this Act
particularly provided, or the Penalties of the fame; and alſo to ſubſtitute or
any further or other Orders and By-Laws, for the better Government and
Regulation of the ſaid Harbour, and the Wharfs aforeſaid, and under ſuch
Penalties, not exceeding 6s. 8d. for any one Offence, as they ſhall judge re-
quiſite for that Purpoſe; and that they may alſo, by the like Concurrence, make



make
4
any
204
OF PORTS, &c.
S. 18.
S, 19:
S. 20.
S. 21.
any other Work or Works, in or about the faid Harbour, as well for the better
preferving, ſecuring, cleanſing, and deepening the fame, as alſo for the more
convenient docking, repairing, and cleanfing of Ships or Boats, or for any other
Uſes, Improvement, or Accommodation of the ſaid Harbour, or of the Ship-
ping therein, as they ſhall find neceſſary or expedient; any Thing in this A &
contained to the contrary hereof notwithſtanding.
And for the more effectually preventing the throwing of Athes, &c. into
the Harbour, fifteen, or more, of the Truſtees, with the Conſent of the ſaid
James Lowther, may appoint and agree with a Scavenger, within the ſaid Town
for carrying away the Dirt, &C.
All Penalties for any Offence committed within the Precincts of the ſaid
Harbour, after deducting the Charges of Proſecution, and Allowance to Infor-
mers, as the Truſtees ſhall think fit, fhall be applied to the Uſes of the ſaid
Harbour, which Penalties may be recovered by Diſtreſs and Sale, &c.
In Caſe the Collectors and Maſters of Ships cannot agree about the Tonnage,
it ſhall be lawful for the ſaid Collectors, at aïl convenient and ſeaſonable Times,
to enter into ſuch Ships, and to admeaſure the ſame, according to the Directions
of the Act of Parliament herein before referred unto, which Admeaſurement
ſhall be the Rule to charge fueh Ships, then, and at all Times afterwards; and,
in Cafe any Maſter, &c. do not, upon reaſonable Demand, pay the aforeſaid
Duty upon Coals, chargeable upon him by this Act, and to be diſcounted upon
the Coal Owner, as aforeſaid ; and likewiſe, in Cafe any ſuch Maſter do not,
upon like reaſonable Demand, after the Tonnage of the ſaid Ship is agreed unto,
pay the ſaid Duty upon Tonnage, it ſhall be lawful for the Collectors to take
any
Tackle, &c. belonging unto ſuch Ship or Vefſel, by Way of Diſtreſs, and
to ſell the ſame, in Caſe Payment is delayed for three Days, &c.
And, in Caſe the Sums, appointed by this Act to be paid for any
Goods of
Merchandizes imported, ſhall not be paid by the Merchant, or Owner thereof,
upon reaſonable Demand made, the Collectors may diſtrain all, or any Part
thereof, or any other Goods belonging to the faid Merchants or Owners, which
fhall then or afterwards come to, or be found in, the Precincts of the ſaid Hai-
bour; and, in Caſe of Non-payment in three Days, may ſell the ſame, &c.
The Officers of the Cuſtoms at the Port of W bitehaven, fhall permit the
Collectors of the Duty hereby given, without Fee, to refort unto, inſpect, and
take Cognizance, of any Entries which ſhall be made there, of any Goods or
Merchandize chargeable by this Act; and the ſaid Officers of the Cuſtoms ſhall
mot diſcharge any Ship outwards or inwards, until the Duties hereby granted
for Tonnage on Ships and Coals ſhall be paid, to be proved by the Maiter's
pro-
ducing a Certificate thereof under the Collector's Hand, &c.
And, the better to cleanſe and deepen the ſaid Harbour, it ſhall be lawful
for eleven or more of the Truſtees, to order the digging and removing any
Stones, &c. within the Precincts of the faid Harbour, &c. and likewiſe they
ſhall have free Liberty to dig, quarry, and take all ſuch Stones within the ſaid
Harbour, as may be uſeful for walling or otherwiſe, and to uſe the ſame in the
Works of the ſaid Harbour, and to ſell fuch Part of them as there fhall be no
Occaſion for, and apply the Money ariſing by ſuch Sales to the Uſes of the ſaid
Harbour only; and, if there be not Stones ſufficient for the ſaid Work, to be
got within the Precincts of the faid Harbour, they ſhall have Liberty to quarry
and take fo much more, as together with the Stones ariſing within the ſaid
Harbour, ſhall be neceſſary for the Uſes and Purpoſes of it, in any Place or
Places upon the Sea Shore, within the Manor of St. Bees, beyond the aforeſaid
Line, drawn from the Weſtern Points of Tombeard-Rocks to the Baurgh.
Eleven or more of the Truſtees ſhall, by Writing under their Hands, appoint
a Pier-Maſter, to continue during their Pleaſure, who ſhall have power to or-
der the regular lying, anchoring, and mooring of Ships and Veffels in the
faid Harbour, and to determine any Difference that may happen in Relation
thereto, and to cauſe a due Execution and Obſervance of the Rules in this Act,
appointed, &c. and the Truſtees are hereby impowered to allow ſuch Perfon a
Salary, not exceeding 201. per Annun, &c.

S. 2200
S. 23•

S. 24•
5
And
O F PILOTS, &c.
205
!

the Time being
, any ſuch
And, for the better Security of Ships, which may have Occaſion to put into
the ſaid Harbour in bad weather, all that Part of Whitehaven-Bay, lying on the
North-Eaſt of the ſaid intended Counter-Mole, ſhall be always left with a free
and
open Beach to the full Sea, and that no Walls, Wharfs, or Breaſt-Works,
ſhall, at any Time, be made there, upon any Pretence whatſoever, in
Depth of Water, as may endanger any Ship or Veffel to ſtrike or run upon the
fame, without the Conſent and Approbation of ſeventeen of the Truſtees for
Provided nevertheleſs, that, as the Land ſhall happen to gain on the Sea, on s. 26.
the North-Eaſt Side, of the ſaid Counter-Mole, it ſhall be lawful for ſuch
Perſons as ſhall be Owners of ſuch Lands to advance any Buildings or other
Works, at their Will or Pleaſure, ſo as not to endanger the Striking of any
Ship or Veſſel thereon; any Thing herein contained to the contrary thereof
notwithſtanding.
And as the temporary Duties, granted by this Act, cannot of a long Time S. 27.
raiſe ſuch a Sum of Money, as may be ſufficient for the aforeſaid extraordinary
Works, which are to be done at the ſaid Harbour ; It is therefore further enacted,
that eleven or more of the ſaid Truſtees are hereby impowered by Deed or
Deeds, indented under their Hands and Seals, to convey and aſſure all the faid
Duties hereby granted, or any Part of them, for all, or any part of the ſaid
Term of fourteen Years, as they ſhall judge requiſite, to any Perſon or Perſons,
who ſhall be willing to lend or advance any Sum or Sums of Money thereupon,
at Intereſt, not exceeding the Rate of Six Pounds per Centum per Annum, which
Money, fo lent or advanced, ſhall be employed for, and towards the Uſes of the
ſaid Harbour, according to the true Intent and Meaning of this Act, &c.
· If any Action, Suit, &c. ſhall be commenced, &c. againſt any Perſon, for S. 28.
any Thing that he ſhall do in Purſuance of this Act, &c. he may plead the
general Iſſue, &c. And this A& ſhall be taken, and allowed in all Courts, as
a publick Act, &c.
Continued by 10 Annæ for 14 Years.
The Preamble recites the Acts 7 and 10 Anne, and ſhews their Deficiency ;
and then this Act continues the ſaid two recited Acts for twenty-one Years, to
commence after the roth Day of April, 1740, except ſo far as either of them P. 312.
are by this Act enlarged, altered, or otherwiſe explained.
It is further enacted, that the Truſtees appointed by the former, or this pre-
ſent Act, have Power to mortgage all or any part of the Duties (ſubject to the
forementioned Debt of 9381. 175. 7d. 39.) to any Perſon who Thall advance
Money thereon, to effect the neceſſary Purpoſes of this Act, and ſecure the Re-
payment of the Sums ſo advanced, with Intereſt for the ſame.
The Money directed to be borrowed by this Act ſhall be applied, in the firſt
Place to diſcharge the Sum of 9381. 175. 7d. 39. borrowed by Authority of P. 395.
former Acts, with the Intereſt, and afterwards for making ſuch new Works as
may be neceſſary for improveing the ſaid Harbour, and keeping the ſame in good
Repair.
After the ſaid Sums are paid off, and the Harbour judged by the Juſtices of
the Quarter-Seffions, to be in good Repair, the temporary Duties Thall ceaſe,
and a Moiety only of the Duties on Tonnage of Veſſels, granted by the former
Acts, ſhall continue to keep the Harbour in Repair for ever.
This Act ſhall be deemed a publick Act, &c.
The reſt of the preceding Axt is only relative to mending the Roads, and ſetting
zip Turnpikes in the Neighbourhood of Whitehaven, and conſequently, having, no
Afinity with the Maritime Affairs we are now treating of,' its Inſertion here
would be fuperfluous and unneceſſary.


13
Geo. II.
P. 311.
P. 313
P. 314
GR E ENOCK.

24 Geo. II.
The Town of Greenock, in the County of Renfrew, being advantageouſly
fituated on the River Clyde, for carrying on both foreign and coaſting Trade, P. 943.
the Superior, with the Inhabitants thereof, about the Year 1705, began to
raiſe
3 G
206
OF PORTS, &c.
P. 944.
raife Money by a voluntary Subſcription, for building a Harbour there, and
ſome Progreſs hath been made therein, which, if completed, would be of
great Advantage to the Town, and to the Trade and Navigation of thoſe Parts;
but the Produce of the Subſcription has been found inſuficient to anſwer that
Purpoſe, and to defray the Expence of cleanſing the Harbour, and of perform-
ing other Works which are abſolutely neceſſary to be done, to render the ſame
uſeful and commodious: And, as the Building of a new Church, Town-houſe,
&c. are neceſſary and much wanted, but the Inhabitants are not able to raiſe
Money to anſwer the Expence thereof, nor to complete the Harbour, and keep
all the iaid Works in Repair, without the Aid of Parliament; It is enacted,
that, from and after June 1, 1751, for the Term of thirty-one Years, and to
the End of the then next Seſſion of Parliament, a Duty of two Pennies Scots,
or one Sixth Part of a Penny Sterling (over and above the Duty of Exciſe pay-
able to his Majeſty) ſhall be laid upon every Scots Pint of Ale or Beer, brewed,
brought in, tapped, or fold, within the Town of Greenock, and Baronies of
Eaſter and Weſter-Greenock, and Finnart, or the Liberties thereof; to be paid
by the Brewers for Sale, or Venders thereof, to John Alexander, Writer, and
preſent Bailiff, Robert Donald, Robert Rae, &c. Merchants, who are appointed
Truſtees for cleanſing and repairing the ſaid Harbour and Piers; and for build-
ing a new Church, &c. and for putting in Execution all other the Powers
P. 945. of this Act; and the Money ſo to be raiſed ſhall be veſted in them, and be
applied to the ſeveral Uſes and Purpoſes aforeſaid ; the Charges of obtaining
this Act being firſt deducted.
The Remainder of this AA is the fame as the preceding ones of Kirkcaldy,
Anftruther-Eaſter, and Kinghorn, fo excuſe to inſert it; and before I ſhut up
this Article of Ports and Havens, I ſhall remark, that every Act concerning
them, makes any Ballaſt, Stone, Rubbiſh, or any Thing elſe hurtful, thrown
into them, Penal, in Conformity with the general Act of 19 Geo. II, before
recited at Page 121 of this Work.

LEITH HAR BOU R.

27 Geo, IT.
By this Act, Power is given to the Magiftrates of Edinburgh to contribute
2000l. and likewiſe to receive Contributions from other Perſons, towards im-
proving and enlarging this Harbour, and erecting Conveniences for building,
repairing, loading, unloading, and laying up of Ships and Veffels, and for
the building of Warehouſes, Wharfs, and Keys; but, as no Duty is laid on
Shipping by this Act, we fhall take no further Notice of it.

29 Geo. II,
S.5
POOLE
ale
The Mayor, Bailiffs, Burgeſſes, and Collectors, &c. may demand Payment
of the ſeveral Duties appointed by this Act, in Reſpect of Goods, &c. imported
into Poole Harbour, and alſo of Ballaſt Duties and Boomage, from the Maſter
of the Veſſel wherein ſuch Goods, &c. ſhall be imported, at the Time he ſhall
make his Entry, with the Officers of the Cuſtoms, of the Cargo of ſuch Vefur
ſel; and may alſo demand Payment of the Duties on Goods, &c. exported from,
reloaded at, or taken out of any other Veſſel in the ſaid Port or Harbour, in
Order to be exported, from the Maſter at the Time he ſhall clear out.
On Non-Payment of the Duties, the Mayor, or any Juſtice of the Peace,
of the Town of Poole, may, by Warrant, diſtrain or ſtop ſuch Veſſel till the
Duties are paid, with the Coſts and Charges of ſuch Diſtreſs.
The Maſter to deliver to the Collector of the Duties, in Writing, an Ac-
count of all Goods on board, ſubject to theſe Duties, on Penalty of rol. for
Salt and Rice, for which the Duty ſhall have been paid on Importation, to
be exempted.
The Maſter to forfeit 40s. if he refuſes or neglects to ſtation his Veſſel in
ſuch Place as the Quay-Maſter ſhall aflign for taking in or throwing out Ballaſt,
for loading or unloading his Vefſel.
2962:36
All
every Offence.

OF PORTS, &c.
205
a
All Goods, landing on any Quay or Wharf, ſhall be removed in three Days S. 16.
from the Landing, or the Owners forfeit 12d. per Ton, for every Ton of
Goods remaining after that Time, and likewiſe 12d per Ton for every forty-
eight Hours they ſhall remain there.
No Perſon to empty any Ballaft, &c. into the Harbour, on Pain of being s. r.
deemed a publick Nuiſance, and their being puniſhed accordingly.
Twenty hundred Weight of Scale Goods, or two Hundered and fifty-two s. 181
Gallons of Liquids, or forty Square Feet of meaſurable Goods, to be deemed
a Ton. If any Diſpute ariſes as to Tonnage, to be determined by the Mayor
and two Juſtices, and four younger Brothers of the Trinity-Houſe, or the Ma-
jority of them.
The Table or Schedule of Harbour-Duties, Quayage, or Wharfage, Boomage and
Ballaft-Duties, chargeable on the Goods, and to be paid by the Maſter.
For every Ton of Goods, imported or exported, ſhipped or un ſhipped, laden
or unladen, in, on, or out of, any Ship or Veſſel, within the Limits of the
Harbour of Poole, the Sum of 3d. per Ton.
Provided it ſhall be lawful to import or export, &c. any Goods into or from
the Channel, leading to Wareham, to the Weſtward of the South-Weſt Buoy,
off the Bulwarks of Hamkey, and near the Entrance of the little Channel, lead-
ing to Poole, free of the ſaid Duty: Neither ſhall any Duty be paid by open
Boats, Lighters, or Barges without Decks, for bringing Goods from Wareham,
or any Part of the Channel, to the Weſt of the South-Weſt Buoy, or any Part
of the Iſle of Purbeck, within North-Haven Point to Poole, or from Poole to
Wareham, or any part of the Channel to the Weſt of the ſaid South-Weſt Buoy,
or any part of the Iſle of Purbeck, within North-Haven Point aforeſaid; but,
if the Goods ſhall be imported in decked Veſſels into or out of the little Chan-
nel within Poole Stakes, then the Duties to be paid.
For Boomage the following Duties ſhall be paid, except for Vefſels employed
in fiſhing or dredging.
Every decked Veſſel of 10 Tons Burthen, or under, ſhall pay
6d.
Ditto 20 Tons, or above 10, IS.
Ditto 30 Tons, or above 20, 25.
Ditto 40 Tons, or above 30, 35.00
Ditto 50 Tons, or above 40, 45.
Ditto 6o Tons, or above 50, 55.
Ditto 100 Tons, or above 60, 6s.
Ditto above 100 Tons 75.
the following Duties ſhall be paid : For every Ton of Ballaſt,
ſhipped or un hipped within Poole Stakes 6d. But it ſhall be lawful to ſhip or
unſhip Ballaſt in the Channel leading to Wareham, to the Weſtward of the
South-Weſt Buoy, or any Part of the Iſle of Purbeck, within the North-Haven
Point, Duty Free. And no more than 6d per Ton ſhall be paid for un hippng
and ſhipping Ballaſt within Poole Stakes to careen.
Tobacco-pipe Clay to be exempted from all Duties.
vitton
Svedsas visto
MIL FORD HAVE N.
In this Seſſion of Parliament 10,000). were granted towards carrying on 31 Geo. I.
Works for fortifying and ſecuring the Harbour of Milford Haven, on Account
of its convenient Situation for fitting out Fleets, and ſtationing Cruizers ; but,
as no Duties were laid on Shipping for perfecting this uſeful Work, I fall omit
mentioning any Thing further in relation to it.
notão
of Great Britain, with which all Maſters of Ships, Owners, and
Merchants ſhould be well acquainted; the firſt, that they may duly conform
thereto, and the two latter, that they may form a juſt Eſtimate of all the Ex-
pences to be incurred by their Ships and Merchandiſe in our home Ports ; it
will be neceſſary to add ſome Directions for the better Obſervance of the Laùs
and Regulations of foreign Ports, Britiſh Maſters of Ships being often very
or wilfully obſtinate upon this Subject, ſo that in general they pay

For Ballaft


negligent,
more
208
OF PORTS, &c.
-
more Forfeitures or Penalties in foreign Ports than thoſe of any other Nation,
and occaſion more Trouble to their Conſuls, who are often obliged to inter-
poſe their good Offices to ſave them froin corporal Puniſhment. Indeed, it is
a lamentable Truth, that they acquire ſuch a Contempt of legal Authority
from the Licentioufneſs of the Times at Home, that they ſubmit to it with
great Reluctance abroad, and ſometimes prove refractory even to their natural
Protectors. In all foreign Ports implicit Obedience, it is expected, ſhould be
paid to the Harbour or Quay-Maſter, his Deputy, and other Aſſiſtants. A
prudent Captain will therefore take Care to moor his Ship in the Part of the
Harbour or Baſon aſſigned him by the ſaid Officers. And his next Care ſhould
be to obtain from the Factor or Merchant to whom he is conſigned, a Copy,
whether printed or written, of the Regulations eſtabliſhed by the Magiſtrates
of the Places for the Maſters of all Ships and Veſſels entering their Harbour.
I am particular upon this Head, becauſe in many foreign Sea Ports, the Har-
bour Dues are farmed out to low People, at a Rack Rent, who intending to
make the moſt of their Bargains, carefully conceal the ſaid Regulations from
Strangers, wiſhing that they ſhould violate rather than obſerve them, that
they may be enabled to levy Fines, and Penalties. Sometimes alſo, the Office
of Baillie, which anſwers to our Sheriff, is purchaſed from the Prime Miniſter
or Prince of the Country, by Men of mean rank and avaricious Principles,
and the Power of convicting Offenders being veſted in them, like Engliſh
trading Juſtices of the Peace, they live by Fees for Commitments and Dif-
charges. This happened to be the Caſe while the Editor was Britiſh Vice Con-
ſul at Oſtend; and it was not until he had preſented a ſtrong Memorial to the
Court of Bruſſels, that an Order was ſent to the Magiſtrates of Oſtend to Print
their Port Regulations, and to diſtribute a ſufficient Number of them to the
Britiſh and Daniſh Conſuls (the only two then reſident) and alſo to all Maſters
of Ships requiring Copies.
A. D. 1781. The Emperor having juſt made Oſtend a free Port by which wiſe commercial
Revolution, the Oppreſſions under which the Trade and Navigation of the Au-
Arian Netherlands laboured are moſtly removed, and the Port greatly reſorted to
by Veſſels of all Nations, eſpecially Britiſh, in this Time of War with France
Spain and Holland, we eannot do a more acceptable Service than to inſert
a Copy of the above mentioned Regulations, which were drawn up by an
eminent Flemiſh Civilian, and founded upon thoſe of other Maritime Coun-
tries.


Directions for Maſters of Ships and Veſels in the Port and Key of Oftend.
I.
IT IS FORBID to all Maſters, Pilots, Sailors, Fiſhermen, Bilandermen, and
others to make Fire on board their Ships or Veſſels in the Quay or Baſon, on any
Pretext whatever, under a Fine of ten Guilders.
II.
To make faſt either to the Piles or Poſts of the Harbour, or to thoſe ſerving
to uphold or preſerve the Key or Bacon, under the ſame Penalty as above.
III.
To throw no Filth or Dirt whatſoever into the Baſon, under the ſame Fine.
IV.
To come into the Key or Baſon and there to take place without the Knows
ledge and Conſent of the Key Maſter, under the ſame Penalty.
V.
To place their Ships or Veſſels on the Floor (being of Oak) of the Sluice af
the End of the Key, Idem.
VI.
To change Birth, or to hawl their Ships or Vefſels, either in the Harbour or
in the Key without the Key-Maſters leave, Idem.

ос
.
VII, To
OF PORTS, &c.
209
wers Fi
VII.
To incumber or ſtop up the Entrance of the Key or Baſon with their Ships,
Vefſels, and Bilanders, under three Guilders Fine.
VIII.
To land on the Key, Anchors, Guns, Carriages, Mafts, &c. and other ſuch
Articles, without the Key-Maſter's Knowledge, under a Penalty of three Guil-
ders for each Piece.
IX.
To abuſe by Word or Deed the Key-Maſter when he is performing his Duty,
under a Fine of twelve Guilders, beſides arbitrary Correction. (Often Impriſon,
ment.)
X.
It is likewiſe ordered that all Maſters, Pilots, Sailors, Fiſhermen, Bilandera
men and others, do put a Sail betwixt the Ships and the Bilander, when they
want to be ballaſted in the Key or Bafon under ten Guilders Fine.
XI.
To hawl their Ships or Veſſels out of the Baſon on the very firſt Order of
the Key-Maſter, Idem.
XII.
To Land their Gun-powder and get it tranſported to the Burgher's Maga-
zine immediately after the Veſſel is made faſt in the Key or Baſon, under fifty
Guilders Fine.
XIII.
To obey inſtantly and without Reply to the Key-Maſter's Command, either
to go out of the Bafon, or to hawl their ſhips or Veſſels a Head or a Stern, or
any other Thing whatſoever, under ſix Guilders Fine, and further to indemnify
the Maſters of any Ships that might ſuffer Delay by his Refuſal, whereon
Credit ſhall be given to the Key-Maſter.
XIV.
On ſuch or the like Occaſions the Key-Maſter is authoriſed to take People,
at the Expence of the Captains refuſing to hawl away and change their Births,
to cut their Hawſers and act as he will judge proper, without being reſpon,
fible for any Damages.
XV.
Every Captain is obliged to hoiſt his Colours on Sundays and Holy-Days
(Saints Days innumerable) under three Guilders Fine; he muſt alſo hoiſt his
Colours at any Time the Key-Maſter advertiſes him ſo to do.
XVI.
Finally, every Ship or Veſſel arriving in the Harbour loaden or in her Ballaſt
pays 3 Stivers (Pence) per Laſt for Lights, and i Stiver Key Dues ; being toge-
ther 4 Stivers per Laſt.
Beſides a due Attention to the Regulations of Ports, Maſters of trading Veſſels
ſhould be careful not to give Offence to the military Governors or the Officers
on Guard, in Garriſons. To avoid it, they ſhould enquire what military Orders
are given out with Reſpect to the Harbour, and oblige their Crews to obſerve
them. As they vary in different Places, it is impoſſible to enumerate them,
but one Inſtance may ſerve to explain this Hint. Firing a Muſquet, or even a
Pocket Piſtol 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 Puniſhment by Impriſonment. In the Month of No-
vember 1765, a Boy on board an Engliſh Collier fired at a Bird flying acroſs the
Baſon, the Officer on the Quay-Guard was alarmed, fent a File of Soldiers on
board, and demanded the Boy; the Maſter concealed him, and refuſing to de-
liver him up, was himſelf carried on Shore and kept in Cuſtody till the Matter
was compromiſed by the Interceſſion of the Britiſh Vice Conſul. But it may
ſo happen, that no ſuch Protector is on the Spot, in which Caſe, great Incon-
veniencies may ariſe from Ignorance of the eſtabliſhed Cuſtoms in Sea Ports
which are Garriſon Towns.




3 H
Heay
210
OF LIGHT-HOUSE S.
Of Light-Houſes.
LIGHT-
HOUSES.
5 Win.
Heavy forfeitures and Penalties are likewiſe often incurred by purchaſing
ſpirituous Liquors and Wines, in retail Quantities, at improper Places, and of
improper Perſons. At Oſtend, and in other foreign Ports, Publicans are only
allowed to ſell Liquors to their Gueſts in their own Houſes, and if a Sailor
carries a Bottle of Ale, Spirits or Wine from an Inn or Alehouſe, he may be
fined or impriſoned for defrauding the Cantein, an Office appointed by the
Magiſtrates for the Sale of ſuch Liquors, in any Quantity under a Gallon, an-
nually farmed out to the higheſt Bidder.
In a Word, no Care or Circumſpection can be too great on the Part of Maſters
of trading Ships, to keep themſelves and their Crews free from all Moleſtation
in the Ports to which their Cargoes are conſigned.
LIGHT-HOUSE is a Marine Term for a Tower, commonly
advantageouſly ſituated on an Eminence near the Sea Coaſt, or at the En-
trance of ſome Port or River, for the Guidance of Ships in dark Nights, by
the Illumination of a Fire or Candles burnt on the Top of them. The firſt
we read of was called Pharos from the Greek Word Phos, in Latin, Lumen, Light,
and Orao, Latin, Videre, to fee, and this was ſo ſuperb a Fabrick, as to be
reckoned one of the Seven Wonders of the World, and to give a general Name
to all ſucceſſive ones; it was built by Ptolemy Philadelphus, on a ſmall Iſland at
the Mouth of the Nile, near Alexandria in Egypt, and is ſaid to have coſt that
King 800 Talents ; it is recorded to have been built ſquare, upon four Pillars of
Glaſs reſembling Crabs, 300 Cubits high, on which a Fire was nightly burnt
to warn approaching Pilots of thoſe dangerous Coaſts, and by this Means
direct them to Thun the Riſks they were expoſed to; but though this was ſo
juſtly celebrated both for its Uſe and Magnificence, it was equalled, if not ex-
ceeded, in Fame, by the renowned Coloſſus of Rhodes, which ſerved for the
fame Purpoſe; this inanimate Monſter was a brafen Statue of Apollo, ſet up at
the Entrance of that Iſland's Harbour, with its Feet reſting on the two Shores ;
it was about forty-two Yards high, and its Stride ſo great, that the largeſt Ships
failed into the Port between its Legs: This gigantick figure was dedicated to
the Sun, and its prodigious Size may be aſcertained by the Dimenſions of its lit-
tle Finger, which it is ſaid few Men were able to embrace : It was the Work of
Chares, a Diſciple of the celebrated Sculptor Lyfppe, who was twelve Years
in perfecting it, and it is reported to have coſt about 44,000l. Sterling; though
I ſhould imagine this to be very far ſhort of its Value, as when broken to Pieces,
it loaded 900 Camels; it remained erect for the Space of 1360 Years, and was
then thrown down by an Earthquake, in which Proſtration it continued for a
long Time, till the Saracens became Maſters of the Ifle, and ſold it to a Jew,
who quickly deſtroyed this Maſter-Piece of Art, to accomodate his re
removing
it by the Means of the aforementioned Animals.
The Tower of Cordon on the River Bourdeaux, the Phare of Meſſina, the
Lanthorns at Genoa, Barcelona, &c. are reſpectively ſerviceable to the Ships
uſing thoſe Parts, as our's on Scilly, the Eddyſtone, Caſkets, Portland, Dungeneſs
Forelands, Skerries, &c (beſides the floating Light at the Nore) are to Naviga-
tion, in a more extenſive Manner.
Stanley, of Littlebury, in the County of Eſſex, Gent. in the Year 1696, and,
after great Labour and Expence, was finiſhed in ſomething more than four
Years, though a much leſs Space of Time would have fufficed, had not the
many Difficulties of Stormy Weather, Hardneſs of the Rock, Tides, and other
Impediments he had to ſtruggle with, protracted the Work, and rendered the
firſt Lodgement, or Foundation of the Building, very hazardous and trou-
blefome; however, a Perſon of Mr. Winſtanley's enterprizing Genius was not to
be intimidated by the Impediments that preſented to obſtruct the Proſecution of
his intended Fabrick, but he watched every Spurt of fair Weather, and Ebb of
the

O É LIGHT-HOUSE S.
211
the Sea, as well to commence as to carry it on, and happily ran through his Toils
by concluding it in the aforeſaid Time, though the Light was put up on the 14th
of November, 1698, and thenceforward was inhabited; it ſtood till the 27th of
November 1703; when Mr. Winſtanley, 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; a plain Proof of the Deficiency
of human Contrivance, and of the Inſecurity of the beſt projected Fabricks,
when Providence interferes. Its Rebuilding was begun in July, 1706, by John
Rudyerd, Gent. a Light put up therein, and made uſeful, July 28, 1708, and
finiſhed completely in 1709, ſince which it hath withſtood the Tempeſts it is
expoſed to, firm and ſecure.
This Lighthouſe bears from Plymouth (or the Entrance of the Sound) S. and
by W. and from Ram-head S. and half a Point Eaſtwardly, and is diſtant from
the Anchoring in the aforeſaid Sound four Leagues, and from Ram Point about
three Leagues and a half, this being the neareſt Shore to the ſaid Houſe; and the
Iſle of Mayſtone bears from the Lighthouſe about N. E. and is alſo four Leagues
diſtant South. All Ships, coming from the Eaſt or Weft to Plymouth, have
much the ſame Advantage of the Light; all the Rocks near this Houſe are on
the Eaſtwardly Side, and ſtretching North, but moſt Southerly, and all are
covered at High-Water; but, on the Weſt Side, any Ship may ſail cloſe by the
Houſe, there being twelve or thirteen Fathoms Water ; and no hidden Rock;
though, towards the E. and by N. about a Quarter of a Mile diſtant from the
Houſe, there lies one that never appears but at low Spring Tides, and is the
niore dangerous, as it is little known.
The Sea ebbs and flows at this Rock on Spring Tides 19 Feet, and then at
High-Water all the Rocks are covered, though a ſmooth Sea; and it is High-
Water at the ſame Time as at Plymouth: But it runs Tide and half Tide; fo
that it runs Eaſt three Hours after it is High-Water, and yet the Sea falls lower;
and it runs Weſt three Hours after it is Low-Water, and yet the Sea riſeth.
At low Tides (eſpecially Spring Tides) three great Ranges of Rocks appear
very high, and lie almoſt parallel, ſtretching towards the S. E. and N.W. the
Houſe ſtanding the Weſtermoſt of all. The aforementioned hidden Rock is a
full Cable’s Length from all theſe others, and lies as aforeſaid.
There is always a Family living in it, to tend its Light, and the following Acts
have been made for its Management and Support, viz.
From the Time of placing a Light uſeful for Shipping in Eddyſtone Lighthouſe, 4 and 5 Ann.
there ſhall be paid to the Maſter, Wardens, and Aſſiſtants, of Trinity Houſe of C. 20.
Deptford Strond, by the Maſters and Owners of all Engliſh Ships and Barks which
ſhall
paſs by the ſaid Lighthouſe (except Coaſters) 1d. per Ton outward-bound,
and id per Ton inward-bound, viz. of the Merchants one Moiety, and of the
Owner the other Moiety; and of all ſuch Aliens Ships as ſhall paſs by the ſaid
Lighthouſe 2d. for every Ton of the Burden of the Ship; and every Coaſter
paſſing by the faid Lighthouſe, Thall pay 25. for each Time: The faid Duties to
be collected by ſuch Perſons as the ſaid Maiter, &c. ſhall appoint, in ſuch
Port whence fuch Ship ſhall ſet forth, or where ſuch Ship Thall arrive, before
they load or unload; the ſaid Duties to be recovered by A&tion of Debt, &c.
The Duties in the Act 4 and 5 Anne, Cap. 20. directed to be paid by any & Ann. C. 17.
Ship paſſing by Eddyſtone Lighthouſe, ſhall be paid for every ſuch Ship, as well S. 1.
thote belonging to her Majeſty's Subjects, as Strangers, which ſhall paſs by th
ſaid Lighthouſe, from, or to, any Port, and ſhall be received of the Maſter of
fuch Ship, in any part of Great Britain, or Ireland, and may be recovered in any
of her Majeſty's Courts of Law.
No Cuſtom-houſe Officer ſhall make out any Cocket or other Diſcharge, ortake
any Report outwards, for any Ship, until the Duties granted by the ſaid Act, and
payable by the Maſter of ſuch Ship, Thall be paid; and that ſuch Maſter produces
a Light-Bill, teſtifying the Receipt thereof.
It ſhall be lawful for every Perſon authorized by the Trinity-Houſe, to go on
board any foreign Ship, to receive the Duties, and, for Non-payment, to diſtrain
any Tackle belonging to ſuch Ship; and, in Caſe of any Delay in Payment, for
three



212
OF LIGHT-HOUSE S.
S. 4.
3 Geo. II.
C. 36. S. 1.
S; 2.
three Days after Diſtreſs, it Thall be lawful for the Receivers of the ſaid Duties
to cauſe the ſame to be appraiſed by two Perſons, and to ſell the ſaid Diſtreſs
This Act, and alſo the ſaid former Act, ſhall be publick Acts.
The following Act is concerning the Lighthouſe built on the Iſland or Rock
called Skerries, lying in the Sea near Holyhead, in Confirmation of Letters
Patent, granted to William Trench, Eſq. for building it, and recovers the fame
Duties, as the preceding one, though all the others receive but half.
All the Powers and Duties granted in Letters Patent, bearing date at Weft-
minſter, the 13th of July, 13 Anne, to William Trench, Eſq. deceaſed, for erect-
ing a Lighthouſe on the Illand or Rock called Skerries, near Holyhead, in the
County of Angleſea, ſhall have Continuance for ever, fubject to a Proviſo, as to
the maintaining of the Lighthouſe in the Letters Patent contained, and to the
Truſt in the Act mentioned, and ſhall be veſted in Sutton Morgan, Clerk, who
married the only ſurviving Child of the ſaid William Trench.
The ſaid Sutton Morgan, his Heirs and Afligns, may demand of Maſters and
Owners of every Ship, or Bottom, pafling, croſſing, or failing, in, or through,
St. George's Channel, by Holybead, or Wicklow, to or from any foreign Port,
or which ſhall paſs or croſs the ſaid Channel, to or from any Place in Great-
Britain, Southward of Holyhead, from or to Wicklow, or any Place Northward
thereof in Ireland, or that ſhall paſs, croſs, or fail, from any Place North ward of
Holyhead, and fail between Holyhead and the Calf of Man, or any Way in
St. George's Channel, to the Southward of Dublin, and likewiſe from all Coaſters
paſſing to or from any Place in Great-Britain, North of Holyhead, from or to
any Port, &c. South thereof, id. per Ton coming into, and the like Sum going
out of, the ſaid Ports in Great-Britain or Ireland, and double ſuch Duties for any
foreign Ship.
Ships loaded with Coals in Great-Britain, North of Liverpoole, for Ireland, or
the greateſt Part of their Loading being Coals, and paſſing from Great-Britain
to Ireland, ſhall only pay one Voyage in every Year, the fame to be paid the
firſt Voyage yearly, before clearing out of the Cuſtom-houſes, either in Great-
Britain or Ireland.
In Conſideration of the Benefit the Pacquet-Boats, ſailing betwixt Holyhead
and Dublin, receive by the ſaid Lighthouſe, the Poſt Maſter General ſhall pay
to the ſaid Sutton Morgan the annual Sum of 50l. without Fee, quarterly,
If any Perſon, having the Command of any Ship, ſhall refuſe to pay the Du-
ties, it ſhall be lawful for the ſaid Sutton Morgan, his Heirs, &c. to ſeize any
Goods of any Maſter or Owner of ſuch Ship, and to keep the ſame till the
Duties are paid ; and, in Caſe of Delay in Payment three Days after ſuch ſeizing,
he may cauſe the ſame to be appraiſed by two ſworn Appraiſers, and afterwards
fell the Goods.
Nothing herein ſhall charge any of his Majeſty's Ships of War.
The ſaid Sutton Morgan ſhall be freed from the Payment of 5l. per Annum
Quit-Rent, reſerved by the Letters Patent.
This Act ſhall be a publick Act.



S.zi
tom houtes, either in
S. 4:
S. 5:
S. 6.
S.7
S. 12.
LITTLE CUMRAY LIGHT-HOUSE.

29 Geo. II.
By this Act the Truſtees are impowered to erect a Light-houſe on this Inland,
at the Mouth of the River Clyde, and to fix ſuch Beacons, Buoys, Land or Sea
Marks, on any Place in the Firth, as they ihall think neceſſary for rendering
the Navigation more fafe and convenient.
The Maſter or Owner of every Veffel, bound outwardly on any foreign
Voyage, paſſing the Lighthouſe, to pay id. Sterling per Ton, and id. per
Ton paffing inwards from any foreign Voyage to the Northward, whether they
paſs by the middle Paſſage, between the Inlands of Little Cumray and Bute, or
by the Eaſt Side of Little Gumray, or between the Iſlands of Bute and Arran,
and whether they diſcharge in the Clyde or not: Every foreign Veffel to pay 2d.
per Ton, inwards and outwards ; every Veſſel of 30 Tons or upwards, trading
to or from any Part of Great-Briiain or Ireland only, to pay 29. per Ton every
5
Time
OF LETTERS OF MÀRQUE.
213
Time they paſs; and for every Veſſel of fifteen Tons, under the ſame Reſtriction,
2d. per Ton per Annum ;
Annum ; the Year to commence from June 24, and the Pay-
ment for the current Year to be made before clearing the Port.
On Refuſal to pay the Duties, the Truſtees have Power to diſtrain any Part
of the Tackle of the Ship, and ſell the ſame, returning the Overplus.
There are alſo ſome Lighthouſes erected for the Service of private Ports, as
at Ilforde Combe, on St. Bee's Head, near Whitehaven. And large Lanthorns
are ordered by the Statute, to be ſet up on Poles at the Heads of ſome Quays,
ſuch as at the Harbour of Minehead, on the River Severn, &c. and Duties are
aſſigned for maintaining them. See 10 Anne, Cap. 24.
The Maſters, Wardens, and Affiſtants of the Trinity Houſe at Deptford Strond, Sea Marks.
may at their Coits ſet up Beacons, and Marks for the Sea, in ſuch Places, near 8 Eliz. C. 13.
the Coaſts, or Forelands, as to them ſhall ſeem meet.
No Steeple, Trees, or other Things ſtanding as Sea Marks, whereof to the
Owner or Occupier of the Place, where the ſame doth ſtand, before the iſt of
March next, Notice ſhall be given by the Queen's Letters under her Signet,
ſhall, at any Time hereafter, be taken or cut down, upon Pain that every Per-
ſon, by whoſe Conſent ſuch Offence ſhall be committed, ſhall forfeit 100l. &c.
and, if the Perſons offending be not of the Value, they ſhall be deemed convict
of Outlawry.
And no Man may erect a Lighthouſe, Beacon, &c. without lawful Warrant 3 In f. 204.
and Authority.
N. B. The abovementioned Trinity Houſe is a kind of College at Deptford,
belonging at firſt to a Company or Corporation of Seamen only, with Authority,
by the King's Charter, to take Knowledge of thoſe that deſtroy Sea Marks, &c.
but now many Gentry, and ſome Nobility, are made Members or Elder Brothers
of that Community.
S. 2.
$. 3.

Of Letters of Marque and Repriſal.
T
ETTERS of MARQUE or Mart are extraordinary Commiſſions granted
by the Lords of the Admiralty, or by the Vice-Admirals of any diſtant
Province, to the Commanders of Merchant Ships for Repriſals, in order to
make Reparation for thoſe Damages they have ſuſtained, or the Goods they
have been deſpoiled of by Strangers at Sea. Or to cruiſe againſt, and make
Prize of an Enemy's Ships or Veſfels, either at Sea or in their Harbours.
We may therefore diſtinguiſh two Species of Letters of Marque, thoſe which
are ſpecial for the Reparation of Injuries ſuſtained by Individuals at Sea, after
all Attempts to procure legal Redreſs have failed ; and thoſe which are general,
being iſſued by the Government of one State againſt all the Subjects of another,
upon an open Rupture between them.
They ſeem to me always to be joined to thoſe of Repriſe, for the Reparation
of a private Injury; but, when the Hurt of an Enemy is ſolely intended under
a declared War, the former only are granted to Privateers, as will be ſhewn in
the ſubſequent Chapter.
Theſe Commiſſions in the Law have other Appellations beſide Repriſals or Grot. de Jure
Letters of Marque, as Pignoratio, Clarigatio, and Androlepſia, and though, by
Belli & Pacis,
Virtue of theſe, any Capture they licenſe becomes legal, yet private Authority s. 4; 5.
will not juſtify, the Proceedings, as it only can be done by the Power of that
Prince or State, whoſe Subject the injured Perſon is, nor is the ſame grantable
even by them, but where the ſuffering Perſon has Juſtice denied him, or illegally
delayed.
This Cuſtom of Repriſals is now become a Law by the Conſent of Nations,
and has been generally confirmed by an Article in almoſt every Treaty of Peace
that has, for a Century paſt, been made in Europe, under its proper Reſtric-
tions and Limitations; as in that concluded with Spain the 13th of May, 1667, Molloy de Jure
(Art. 3.) that with France the 21ſt of July, 1667, (Art. 16.) that with Holland Mar. P: 27.

3.
C. 2.
3 I
of S. 3.
214
OF LETTPRS OF MARQUE.
to,
S. 5.
Juft. Inſt. de of the fame Date, (Art. 31.) that with Denmark the 11th of July, 1670, and
Jure Nat.
almoſt all others made fince; and it was conſtituted by them, grounded, ac-
cording to the great Juftinian, on the Urgency of human Neceffities, as, with-
out this, great Licenſe would be given and tolerated for the committing of
Depredations and Injuries, eſpecially if only the Goods of Rulers were made
liable, who feldom poſſeſs any Thing that the Injured can come at for Satiſ-
faction; whereas the Effects of thoſe private Men, whoſe Dealings in Trade are
various, may be ſeized for Recompence, ſometimes with the greateſt Eaſe, and
freeft from Riſque or Danger.
And, as the Benefit of this Obligation was common to all Nations, they which
were at one Time Sufferers, would at another Time be eaſed by it, and Princes
are not only accountable for publick Injuries, but in Prudence ſhould endeavour
to prevent private ones, and, by ſetting the good Example of protecting Foreign-
ers from Wrongs, add Strength to their juſt Demands of Redreſs, whenever their
own Subjects have Occaſion to requeſt it from them.
Molloy de Jure
If therefore the injured Party cannot obtain his definitive Sentence or Judge-
Mar. P. 28. ment, within a fit Time, againſt the Perſon of whoin he complains, or if there
be a Judgement given againſt apparent Right and Law, and no Relief can be had
from the Iniquity of ſuch a Decreę, the Bodies and Moveables of the Prince's
Subjects, who render not Right, may be apprehended and taken.
But in the Proſecution of this there muſt be,
1. The Oath of the Party injured, or other ſufficient Proof, touching the pre-
tended Injury, and of the certain Loſs and Damage thereby ſuſtained.
2. A Proof of the due Proſecution, for the obtaining Satisfaction in a legal
Way.
3. Of the Delay, or Denial of Juſtice,
4. A Complaint to his own Prince or State.
5. Requiſition of Juſtice, by him, or them, made to the ſupreme Head or
State, where Juſtice in the ordinary Courſe was denied.
6. Perſiſtence ſtill in the Denial of Juſtice.
Mag. Char. And all this preceding Letters of Reprijal, under ſuch Cautions, Reſtrictions,
C.30.the lat- and Limitations, as are conſonant to the Law of Nations, and ſubfiſting Treaties,
and as the ſpecial Caſe ſhall require, may iſſue, not only by the Jus Gentium,
and Civile, but by the antient and municipal Laws of the Kingdom.
Molley de Jure The Repriſals grantable by the Laws of England are of two Sorts, Ordinary
Mar. P. 29. and Extraordinary; the Ordinary are either within or without the Realm, and
are always granted to Engliſh Merchants, who have ſuffered in their Perſons or
Effects, and have had their Goods ſpoiled, or taken from them, beyond the Sea,
by Merchants-Strangers, and cannot upon Suit, or the King's demanding Juſtice
for him, obtain Redreſs ; in ſuch Cafe, the injured Perſon proving, that he has
proſecuted the Offenders in a legal Courſe, and had Juſtice delayed, or denied
him, he ſhall have a Writ out of Chancery, to arreſt the Merchants-Strangers
of that Nation, or their Goods here in England, the which is granted to the
Subject oppreſſed, not as a Matter of Favour, but of common Right, by the
Lord Chancellor, or Keeper of England, who always, in fuch Cafe, hath the
Approbation of the King, or Council, or both, for his ſo doing.
Molloy de Jure The other ordinary Repriſals, granted for Reparation out of the Realm, are
Mar. P. 30. always under the Great Seal of England, and cannot be revoked or annulled ;
and the Reaſon is, becauſe the Perſon injured hath petitioned, and hath, accord-
ing to Law, made out by Proof his Loſs, and no Regard having been paid
Letters of Requeſt, ſent to the Prince of the Offender, nor Reparation made ;
then the Letters Patent of Repriſal (being ſealed) immediately create and veſt
a national Debt in the Grantee, to be ſatisfied in ſuch Manner, and by ſuch
Means, as the ſaid Letters Patent do direct, out of the Goods and Eſtates of his
Subjects, who refuſes or protelates doing Right; but, though theſe Letters
Patents are unrevocable, yet, if the ſupreme Power thinks the Execution of
them cannot well be effected, without endangering the Peace of both States,
this may juſtly cauſe their Reſpite till a more proper Occaſion ; for the Statute
of 4 Henry V. c. 7. does not reſtrain the King's Prerogative and Authority,
4
which

ter
S. 7
.

OF LETTERS OF MARQUE.
215
S. 11.
S. 12.
S. 13.
which he had at the common Law, in judging the Conveniency and Time
when they ſhall be executed ; and as the King hath the legiſlative Power of
Peace and War, in a publiek Treaty for the Nation's Good, they may be no-
tified and then revoked by the Great Seal, in Purſuance of that Treaty, and
Princes are always cautious in the framing and compofing ſuch Letters Patent,
fo as they may not be reckoned a Breach of the Peace, which the granting them
(for particular Satisfaction) in the ordinary Way, does not amount to.
The Extraordinary Repriſals are by Letters of Marque, for Reparation at Sea, Ditto, P. 32.
or any Place out of the Realm, grantable by the Secretaries of State, with the S. 10.
like Approbation of the King or Council
, or both; but they are only during the
King's
Pleaſure, and to weaken tho Enemy during the Time of War, and inay,
at any Time, be revoked.
But, before granting Letters of Marque, there gradually precede two or three Molloy de Jure
Letters of Requeſt, and, according to the Satisfaction, ſufficient or inſufficient, Mar. P. 32.
returned in Anſwer, Commiſſions are awarded or denied; and the Prince or
State, whoſe Subject the injured Perſon is, Thould not value his Misfortune at ſo
low a Rate, as to refuſe him the former, for that would be to accumulate In-
juries, but ſhould likewiſe, if Juſtice be denied, after ſuch Requeſt, arm him
with Power to take Satisfaction by Reprife, Vi, Manu, 8 Militari.
Subjects cannot by Force hinder the Exécution even of an unjuſt Judgement, Ditto, P. 33.
or lawfully purſue their Right by Force, by Reaſon of the Eficacy of the Power
over them: But Foreigners have a Right to compel, which yet they cannot uſe
lawfully, ſo long as they may obtain Satisfaction by Judgement; though, if
that ceafes, then Repriſal is let in.
Judgement is obtained either in the ordinary Courſe, by Way of Proſecution, Diteo, P. 33.
or Suit, or Appeal from the ſame, after Sentence or Judgement given, to a
higher Court; or elſe in the extraordinary Way, which is by Supplication,
or Petition, to the ſupreme Power ; but we muſt underſtand that to be when
the Matter in Controverſy is, tan quoad merita quam quoad modum procedendi ;
not doubtful; for, in doubtful Matters, the Preſumption is ever for the Judge
or Court.
But the Repriſal muſt be grounded on wrong Judgement given, in Matters not
doubtful, which might have been redreffed in fome Shape, either by the ordinary
or extraordinary Power of the Country or Place, and the which was apparently
perverted or denied: Though, if the Maſter be doubtful, it is then otherwiſe ;
for in Cauſes dubious or difficult, there is a Prefumption always, that Juſtice
was truly adminiſtered by them who were duly elected and appointed for that ,
Purpoſe.
And yet, in this latter Caſe, fome are of Opinion, if it was dubious, and, Paulus Leg:
if the Judgement was againſt apparent Right, the Stranger oppreſſed is let CobiaLinde
into his Satisfaction ; and the Reaſon is, becauſe the Judge's Authority is bitor.
not the fame over Foreigners as over Subjects, for the Motive or Cauſe above-
mentioned.
If an Engliſh Merchant fhall profecute a Suit in the ordinary Courts of Law
beyond Seas, and Sentence or judgement ſhall paſs againſt him, from which
he appeals to the ſupreme Court, and there the firſt Judgement or Sentence is
confirmed, though the Complaint hath received a Judgement contrary to Right
and Equity, yet this will be no Caufe for Letters of Repriſal, though, perhaps,
it
may
occafion Letters of Requeſt (if the Circumſtances and Reafons are ſtrong
for the ſame) to have a Rehearing.
But, if an Engliſhman ſhall have Right to recover a Debt there, and the Debtor
is committed to the Cuſtody of an Officer till Payment, and he wilfully lets the
Priſoner eſcape, who then becomes inſolvent, this Circumſtance may occaſion
Letters of Repriſal.
In England, if a Foreigner bring an Action perſonal againſt I. S. and the
Matter is found ſpecial or general, and the Party prays Judgement, and the Court
refuſes it, and then the Defendant dies, and with him the Action (the Nature
of it being ſuch) the Party is here without Remedy, and the ſame may occaſion
Letters of Repriſal, if it be accompanied with thoſe Circumſtances that evince



an
216
OF LETTERS OF MARQU E.
If any
an apparent Denial of Juſtice, ii e. putting it off from Term to Term without
Cauſe.
An Engliſhman proſecutes his Right in the legal Courts beyond Seas, and the
military Governor oppoſes the Proſecution, and by Force conveys away the
Debtor, and his Goods, and the Sentence or Judgement is obtained : Its ultimate
End being Execution, is, by the aforementioned Means, fruſtrated, and may
occaſion Letters of Repriſal.
Molloy de Jure
Perſon ſhall be murdered, ſpoiled, or otherwiſe damaged, in hoſtile
Mar;?. 34* Manner, in the Territories or Places belonging to any King, to whom Letters
of Requeſt are iſſued forth ; and, if no Satisfaction be made for the Injury,
Letters of Repriſal may be granted, as the petitioning Parties are not in ſuch
Caſes compelled to reſort to the ordinary Proſecution ; but the Prince of the
Country, againſt whom the fame are awarded, muſt repair the Damage out of
his, or their Eſtates, who committed the Injuries; and, if that proves deficient,
it muſt then fall as a common Debt on his Country.
Such Letters of Requeſt generally allot a Time certain for Damages to be re-
paired, and, if not complied with, Repriſals are to iſſue: Thus, after the
Mafſacre at Amboyna, and other Depredations committed by the Flemiſh on the
Engliſh, his Majeſty, in 1625, iſſued forth his Letters of Requeſt to the States of
Holland, for Satisfaction within eighteen Months, otherwiſe Letters of Repriſal
Thould be granted; and King Charles II. iſſued Letters of Requeſt to the faid
States, for Satisfaction to be granted to William Courten, Eſq. for Depredations
made by their Subjects on two of his Ships; but, not obtaining it in the limited
Time, he granted to the Partners and Heirs of the ſaid Courten his Letters of
Marque, in the Form following:
Ditto.
CH
HARLES II. by the Grace of God, of England, Scotland, France, and
Ireland, King, Defender of the Faith, &c. to all Chriſtian People to whom
theſe Preſents ſhall come, greeting : WHEREAS our loving Subject William
Courten, Eſq. deceaſed, and his Partners, Anno, 1643, by the Depredation and
hoſtile Act of one Gailand, Commander in Chief of two Ships belonging to the
Eaſt India Company of the Netherlands, was, between Goa and Macao, in the
Streight, of Malacca, deprived, and moſt injuriouſly ſpoiled of a certain Ship
named the Bona Eſperanza, and of her Tackling, Apparel, and Furniture, and
all the Goods and Lading in her, upon a very hopeful trading Voyage to China,
which were carried to Batavia, and there all, de facto, without due Proceſs
of Law, confiſcated. And that alſo in the ſame Year, another laded Ship of
our ſaid Subject called the Henry Bonadventure, being come on Ground near the
Illand Mauritius, was there, both Ship and Goods, ſeized upon by ſome of the
Officers and Miniſters, and others under the Command of the faid Eaſt India
Company, and utterly detained from the right Owners. And Whereas the
faid William Courten, and his Aſſigns in his Life-time, uſed all poſſible Endea-
vours to recover the ſaid Ship and Goods, and to procure further Juſtice againſt
the Malefactors, and yet could obtain no Reſtitution or Satisfaction, whereby
they became to be much diſtreſſed and utterly undone in their Eſtates and Credit;
And that thereupon, and upon the moſt humble Supplications and Addreſſes of
Francis Earl of Shrewſbury, and William Courten Eſq. Grandchild and Heir of
the ſaid William, deceaſed, Sir John Ayton, and Sir Edmund Turner, Knights,
George Carew, and Charles Whitaker, Eſqrs. on the Behalf of themſelves, and
diverſe others, intereſted in the ſaid two Ships Bona Eſperanza, and Henry
Bonadventure, and in the Eſtates of the ſaid William Courten, deceaſed, Sir
Richard Littleton Baronet, and Sir Paul Pindar, Knight, deceaſed, that we
would take their Cafe into our princely Conſideration. We, out OF A JUST
SENSE we then had, and ſtill have, of their unjuſt suFFERINGS in that Buſi-
nefs, both by our own Letters under our Sign MANUAL, to the Sates General
of the United Provinces, and by Sir George Downing, Knight and Baro net, our
Envoy Extraordinary, to whom we gave eſpecial Command ſo to do, required
Satisfaction to be made, according to the Rules of Juſtice, and the Amity and
good Correſpondence, which we then deſired to conſerve with them firm and
inviolable.


OF LETTERS OF MARQU E.
217
inviolable. AND WHEREAS after ſeveral Addreſſes made to the ſaid States
General by our faid Envoy, and nothing granted effectual for Relief of our ſaid
Subjects (whom we take ourſelves in Honour and Juſtice concerned to ſee ſa-
tisfied and repaid). we lately commanded the ſaid Sir George Downing to inti-
mate and fignify to the faid States that we expected their final Anſwer, con-
cerning Satisfaction to be made for the ſaid Ship and Goods, by a Time then
prefixed and ſince elapſed, that we might ſo govern ourſelves thereupon, that
our oppreffed Subjects might be relieved according to Right and Juſtice and yet
no ſatisfactory Anſwer has been given ; ſo that we cannot but apprehend it to
be, not only a fruitleſs endeavour, but a proſtituting of our Honour and Dig-
nity, to make further Application, after ſo many Denials and Slightings. AND
WHEREAS Yohn Exton, Doctor of Laws, Judge of our High Admiralty Court
of England, upon our Command to certify to us the Value of the Loſſes and
Damages ſuſtained by the ſaid William Courten and Partners, whoſe Intereſt is now
veſted in our loving Subject Sir Edmund Turner, Knight, and George Carew,
Eſq. and Partners, hath, upon full Examination, and Proofs thereof made by
Witneſſes in our High Court of Admiralty, reported and certified under his
Hand, that the ſame do amount to the Sum of one Hundred and fifty-one Thouſand
fix Hundred and twelve Pounds.
Now, KNOW YE, that, for a full Reſtitution to be made to them, for their
Ships, Goods, and Merchandizes, of which the ſaid William Courten, and the
Aſſigns of the ſaid William Courten, and Partners, were ſo deſpoiled as aforeſaid,
with all ſuch Coſts and Charges as they ſhall be at, for the Recovery of the
fame, We, by the advice of our Privy Council, have thought fit, and by theſe
Preſents do grant, licenſe, and authoriſe, under our Great Seal of England, unto
our ſaid Subjects, Sir Edmund Turner, and George Carew, their Executors, Ad-
miniſtrators, and Aſſigns, for, and on Behalf of themſelves, and other perſons
intereſted as aforeſaid, to equip, victual, furniſh, and ſet to Sea, from Time
to Time, ſuch, and ſo many Ships, and Pinnaces, as they ſhall think fit;
PROVIDED ALWAYS, that there be an Entry made and and recorded in the Admi-
ralty Court of the Names of all Ships and Veſſels, and of their Burden and
Ammunition, and for how long Time they are victualled; and alſo of the Name
of the Commander thereof, before the ſame or any of them be ſet fortñ to Sea
and with the Ships and Pinnaces, by Force of Arms, to ſet upon, take, and
apprehend any of the Ships, Goods, Monies, and Merchandizes, of the States
General, or any of the Subjects inhabiting within any their Dominions or Terri-
tories, wherefoever the ſame ſhall be found, and not in any Port or Harbour in
England or Ireland, unleſs it be the Ships and Goods of the Parties who did the
Wrong. And the ſaid Ships and Goods, Monies and Merchandizes, being ſo
taken, and brought into ſome Port of our Realms and Dominions, an Inven-
tory thereof ihall be taken, by Authority of our Court of Admiralty, by the
Judge or Judges thereof for the Time being, and upon Proof made before him or
them, that the ſaid Ships, Goods, Wares, Merchandizes, or Money did belong to
the States General, or any of the Subjects, as aforeſaid, they ſhall be adjudged law-
ful Prize to the ſaid Sir Edmund Turner and George Carew, their Executors, Ad-
miniſtrators and Aſſigns, as aforeſaid, to retain and keep in their, or any of their
Poffeffions, and to make Sale, and diſpoſe thereof in open Market, or however
elſe, to their, and every of their beſt Advantage and Benefit, in as ample Manner
as at any Time heretofore hath been accuſtomed by Way of Repriſal, and to
have and enjoy the ſame as lawful Prize, and as their own proper Goods : So
THAT “NEITHER Captain, Maſter, nor any of the Company, that ſhall ſerve
“ in his own Perſon, or ſhall promote and advance the ſaid Enterprize, in Man-
“ ner and Form aforeſaid, thall, in any Manner or Wiſe, be reputed, or chal-
lenged, for any Offender againſt any of our Laws. And that alſo it ſhall be
“ lawful for all Manner of Perſons, as well our Subjects as any others, to buy
« the ſaid Ships, Goods, and Merchandizes, to taken and apprehended by the
« faid Captains, Maſters, and others, and adjudged as aforeſaid, without any
“ Damage, Loſs, Hindrance, Trouble, or Moleſtation, or Incumbrance, to befál
" the ſaid Buyers, or any of them, in as ample and lawful. Manner, as if the
“ Ships


3 K
218
OF LÉTTERS OF MARQUE.
• Ships, Goods, Wares, and Merchandizes, had been come, and gotten by the
“ lawful Traffick of Merchants, or of juſt Prizes in the Time of open War.”
PROVIDED ALWAYS, that all Ships, Goods, and Merchandize, taken by Virtue
of this our Commiffion, ſhall be kept in Safety, and no Part of them waſted,
ſpoiled, or diminiſhed, or the Bulk thereof broken, until Judgement hath firſt
paſt, as aforeſaid, that they are the Ships and Merchandizes of the States Gene-
ral, or their Subjects as aforeſaid. And if by Colour of this our Commiſſion,
there ſhall be taken any Ships, Goods, or Merchandizes, of any of our loving
Subjects, or the Subjects of any Prince or State in good League or Amity with us
(except the States General, or their Subjects as aforeſaid) and the Goods therein
laden, ſold, and embezzled, or diminiſhed, or the Bulk thereof broken, in any
Place before they ſhall be adjudged to belong to the States General, or fome of
their Subjects, as aforeſaid, then this Commiſſion ſhall be of no ſufficient
Authority to take the ſaid Ships, Goods, and Merchandiſes, or to warrant, or to
fave harmleſs, ſuch as ſhall receive, buy, or intermeddle therein; but both
the Prizes ſo taken, and the ſaid Ship of War, ſhall be confiſcated to our Uſe.
" AND FURTHER, We do hereby declare, that it is our Will and Pleaſure,
ri that this our Commiſſion ſhall remain in full Force and Power, to all In-
tents and Purpoſes, until the ſaid Sir Edmund Turner and George Carew, their
“ Executors, Adminiſtrators, and Aſſigns, as aforeſaid, ſhall, by Virtue thereof,
“ have, by Force of Arms, apprehended, taken, ſeized, recovered, and
received, from the States General, or their Subjects, one Hundred and fifty-one
Thouſand fix Hundred and twelve Pounds, according to the Appraiſement to be
“ made by ſufficient Appraiſers, upon Oath nominated and authorized in our
66 ſaid Court of Admiralty, of all ſuch Ships, Goods, Wares, and Merchan-
“ difes, as ſhall be taken from the ſaid States General, or any of their Subjects,
“ by Virtue of this Commiſſion, or ſhall other Ways receive Satisfaction of the
“ Debt aforeſaid, by Compoſition to be made between thoſe of the Eaſt India
" Company of the Netherlands, and the ſaid Sir Edmund Turner and George
" Care-tw, their Executors, Adminiſtrators, and Aſſigns, as aforefaid. NOT-
WITHSTANDING it ſo happen, the preſent Difference between Us and the
“ States General, depending upon general Repriſals, may be agreed and com-
poſed, and that in the Interim a Peace and good Correſpondence may be re-
- newed between Us and the faid States General; in which Cafe nevertheleſs, it is
Will and Pleaſure that in the Execution of this our Commiſſion no Vio-
“ lence ſhall be done to the Perſons of the ſaid Subjects of the ſaid States Ge-
“ neral, but only in Cafe of Reſiſtance; and that after, in cold Blood, the
“ Subjects of the ſaid States General, if hurt or wounded, thall be uſed with
o all convenient Offices of Humanity and Kindneſs. AND FURTHER, our
“ Will and Pleaſure is, that, although it ſhall happen, that all Hoſtility bet-
“ tween Us and the States General, and our reſpective Subjects ſhall ceafe, yet
" this our Commiſfion ſhall be and remain in full Force and Power to the faid Sir
“ Edmund Turner and George Carew, their Executors, Adminiſtrators, and
“ Afligns, as aforeſaid, by Virtue thereof, to apprehend, take, and ſeize, by
• Force and Arms, ſo many more of the ſaid Ships and 'Goods of the States
General, or any of their faid Subjects, as, beſides the ſaid Sums beforementi-
« oned, ſhall countervail, fatisfy, and pay all ſuch Coſts and Charges, as the
“ ſaid Sir Edmund Turner and George Carew, their Executors, Adminiſtrators
or Aſſigns, as aforeſaid, ſhall, from Time to Time, make Proof to have
diſburfed and paid towards the Equipping, Manning, Paying, Furniſhng,
“ and Victualling of the ſaid Ships, fo licenſed and authorized as aforeſaid, by
“this our faid Commiſſion, to be equipped, manned, furniſhed, and victualled,
by the ſaid Sir Edmund Turner and George Carew, their Executors, Admi.
“ niſtrators, and Afligns as aforeſaid, for the Purpoſes aforeſaid.” AND OUR
Will and Pleaſure 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, Miniſters, and Subjects
whatſoever, to be aiding and afliſting to the ſaid Sir Edmund Turner and George
Carew, their Executors, Adminiſtrators, and Aſſigns, as aforeſaid, in all Points


os
our
1

in
OF LETTPRS OF MARQUE.
219

in the due Execution of this our Royal Commiſſion; and to proceed to Adjudi-
cations, and adjudge all Ships, Merchandizes, Monies, and Goods, by Virtue
thereof to be taken, according to our Princely Intention hereby ſignified and
and favourably interpreted and conſtrued, in all Reſpects, to the Benefit and beſt
Advantage of the ſaid Sir Edmund Turner and George Garew, their Executors,
Adminiſtrators, and Aſſigns, as aforeſaid. IN WITNESS whereof, We have
cauſed theſe our Letters to be made Patent. Witneſs our Self at Weſtminſter,
the 19th Day of May, in the ſeventeenth Year of our Reign.
BY THE KING.
It is not the Place of any Man's Nativity, but that of his Domicil and Abode ; Ditto; P.40.
not of his Origination, but of his Habitation, that ſubjects him to Repriſe; the S. 16.
Law doth not ſo much conſider where he was born, as where he lives; therefore
if Letters of Repriſal ſhould be awarded againſt the Subjects of the Grand Duke
of Tuſcany, and a Native of Florence (but denizened or naturalized in England)
ſhould have a Ship, in a Voyage to Leghorn, taken, the Capture is not lawful,
nor can ſhe be made a Prize. Yet, by the Laws of England, a natural-born
Subject cannot diveſt himſelf of his Allegiance, though he happens to be com-
morant, or a Dweller in the Enemy's Country.
It does not appear from any Precedents, that Repriſals can be granted on Ditto, P. 41,
Misfortunes happening to Perſons on their Goods, reſiding or being in foreign S. 17.
Parts in Time of War there; for, if any Misfortune happens, or is occaſioned
to their Effects, or to their perſons, they muſt contentedly ſit down under their
Loſs; it being their own Fault that they would not fly or quit the Place,
when they foreſaw the Country was expoſed, or would be ſubject, to the Spoil
of Soldiers and Devaſtations of the Enemy.
By Right, there are many Perſons exempted, and thoſe whoſe Perſons are Ditto, P. 41.
ſo privileged have alſo Protection for their Goods, ſome by the Law of Na- S. 18.
tions, ſome by the Civil Law, others by the Common Law; among which the
Ambaſſadors, by the Laws of Nations, their Retinue and Goods, are exempt,
coming from him who awarded Repriſe; the Law of Nations not only provides
for the Dignity of him that ſends, but alſo the ſecure going and coming of him
that is ſent.
Travellers through a Country, whoſe Stay is but ſhort, and a Merchant of
another Place than that againſt which Repriſals are granted, although the
Factor of his Goods was of that Place, are not ſubject to Repriſals.
When Ships are driven into Port by Storm or Streſs of Weather, they have an Ditto, P. 42.
Exemption from the Law of Reprijals, according to the Jus Commune, though, S. 19.
by the Law of England, it is otherwiſe, unleſs expreſsly provided for in the
Writ or Commiſſion; but, if ſuch Ships fly from their own Country to avoid
Confifcation, or for ſome other Fault, and are driven in by Streſs of Weather,
they may, in ſuch Caſe become ſubject to be Prize; though it is unlawful to
make Seizure in any Ports for Repriſals, but in that Prince's who awarded them,
or in his againſt whom the ſame is iſſued; for the Ports of other Princes or
States are facred, and the Peace of them not to be violated or diſturbed, but
juſtly to be obſerved and maintained.
If any Ship carrying Letters of Repriſe attacks a Veſſel, and the refuſes to Grot. de Jure
yield, ſhe may be aſſaulted and entered ; and, if it falls out, though by Acci- Belli
, Lib. 3:
C. 2, S.4.
dent, that ſome of thoſe who reſiſt are ſlain, the Fault will lie at their own
Doors, for endeavouring to hinder the Execution of what is right, and which
the Law both approves and warrants.
LE
By the Law of Nations, ipfo fa&to, the Dominion of the Things taken by Greg. Lib.g.
thoſe to whom Letters of Marque are granted become the Captor's, till the Debt
and Coſts, that is, the original Damage, and ſubſequent Charges, are ſatisfied;
which being done, the Reſidue ought to be reſtored. So the Venetians uſed
their Equity, having taken the Ships of Genoa: They did not ſpoil any of the
Lading but preſerved the fame very carefully till the Debt was paid, which
done, an entire Reſtitution of the Things was made, without any Diminution.
When, perhaps, for the Fault of a few, a Debt becomes national, by Reaſon
of which the Goods of the Innocent become liable (if taken) for Satifaction, in
ſuch

1
220
III.
Pat.de An.6.
H. V.
Cand Power of ſuch armed Vefſels, and on
OF LETTERS OF MARQU E.
ſuch Cafe the Perſon ſo ſuffering is entitled to Contribution for his Relief,
being put to the whole Burthen, where more are bound to the ſame Thing.
Molloy de Jur. Yet, when Depredations have happened to foreign Merchants, our Kings on
Mar. P. 46. Complaint) have often iſſued Commiſſions to enquire of the fame ; and it was ſo
done upon the petition of ſome Genoeſe Merchants, who complained againſt the
Inhabitants of the Iſle of of Guernſey, for a Depredation in taking away and
Pat. 26 Edw. detaining their Merchandize and Goods to a very great Value, out of a Ship
wrecked by Tempeſt near that Ille, and the Commiſſioners were impowered to
puniſh the Offenders, and to make Reſtitution and Satisfaction for the Damages.
The like Complaint was made by the Merchants of the Duke of Bretagne, of
certain Depredations committed by the Subjects of the King of England, who
iſſued forth the like Commiſſion, to give them Reparation and Damages for the
ſame ; fo that if the Subjects of the King of England fhould have their Goods
taken by way of Repriſe for the Satisfaction of ſuch Debt or Damage they may
have the Benefit of the like Commiſſions, to make themſelves whole out of the
Eſtates of the Offenders.
Of Privateers or Capers.
RIVATEERS and CAPERS are fynonimous Terms for the fame
Thing, with this only Difference, that the latter are ſmaller Veſſels than
the others; they are generally eſteemed private Ships of War, fitted out by
Particulars in order to annoy the Enemy, though the Commiſſion is neither lo
laſting nor ſo honourable as that given to the Commander of a King's Ship, the
one being certain, and continued whilſt his Behaviour is unexceptionable, the
other only temporary and occaſional; the one appointed by his Majeſty, the other
by a Subject, (with the Prince's Approbation) and liable to be turned out at the
Owner's Pleaſure; and, though ſuch Appointments are ancient, and very uſeful
in a War, by diſtreſſing the Enemy, yet many eſteem the Action but one Remove
from Piracy; as the Undertakers are ſuppoſed 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
Perfons and Goods of innocentTraders; and, by theſe Means, to increaſe the Hor-
rors and Calamities which War naturally brings with it, and inſpires; but who-
ſoever reflects, that every Individual is injured, when the Nation in general is
ſo; and that, if this has a Right to vindicate or revenge its Wrongs, Particulars
muſt be juſtified in affording their Affiſtance: We muſt conclude, that, in fo
doing, they only comply as good Subjects, whilſt their Proceedings remain
directed by Authority, and their Succeſſes againſt the Enemy are managed with
that Humanity our own Natures and the Law of Nations enjoin.
However, leaving theſe Diſputes to be determined by Caſuiſts, I ſhall proceed
what Footing they have generally been fitted out in the late and former Wars;
and this has been under two different and diſtinct Commiflions, as will hereafter
be fhewn.
The one of them is cuſtomarily granted to the Petitioners for it, after they, at
their ownExpence, have fitted out a Privateer; and impowers them to appropriate
to their own Uſe whatever Prize they make, after a legal Condemnation, and
the Government allows them beſides 52* for every Man aboard a Man of War or
id Privateer taken or deſtroyed at the Beginning of the Engagement, and 10l.+ for
every Gun ſhe had mounted, with Liberty of cruiſing where they pleaſe; and
in Caſe we are at War with more Potentates than one (as lately with the French
and Spaniards) they muſt have Commiſſions for acting againſt them both, other-
wife a Captain carrying only one againſt the Spaniards, and in his Courſe meets
with and takes a Frenchman, this
Prize is not good, but would be taken from
him by any Man of War he met, and could not be condemned (for him) in the
Admiralty, as many experienced in the late War.
*13 and 17 Geo, II.
† 4 and 5 Will, and Mar.

1
I
The
OF PRIVATE ER S.
22 1

1
Mar. P.
49.
S.
7:
The Manner of fitting out theſe Privateers has commonly been at the joint
Expence of ſeveral Merchants, and is always very expenſive, as warlike Stores
are at all Times coſtly, and their Prices more eſpecially raiſed on theſe Occaſions,
when the Demand for them is conſiderably increaſed.
In ſome of theſe Adventures, the Men on board go on the Terms of no Pur-
chaſe no Pay; and in this Caſe, the Produce of whatever is taken goes half to
the Ship, (for the Owners) and half to the Men, divided to them according
to the Articles of Agreement; but, when the Men ſail for Wages, the Captures
appertain entirely to the Owners, except a ſmall Part, which is commonly ſtipu-
lated to be given the Sailors, extra of their Wages, in order to animate them in
their Behaviour; and both Ways of arming are regulated by the Articles entered
into between the Owners and Mariners, of which I ſhall add a Copy at the End
of this Chapter, for my Reader's Information.
The other Commiſſion aforementioned is granted to Privateers taken into the
King's Service, which notwithſtanding are fitted out at the Expence of private
Perlons, and then let out to the Government, who generally pay them ſo
much per Month for their Hire, and engage to repair them, in Caſe of Damage,
and to pay the Value agreed for in Caſe of Loſs.
In King William's Reign many large private Ships were engaged for in
this Manner, and ſent abroad as Convoys, &c. but ſince our Marine is ſo
greatly increaſed, the Government does not ſo much ſtand in Need of the
Merchants Aſſiſtance in this Shape, as they formerly did, and confequently do
not ſo often call for it.
No Privateer may attempt any Thing againſt the Law of Nations, as to aſſault Molloy de Jur.
an Enemy in a Port or Haven, under the Protection of any Prince or Repub-
lick, be he Friend, Ally, or Neuter; for the Peace of ſuch Place muſt be kept
inviolable.
And at the Time of granting thefe private Commiſſions, great Care is always Treaty Ma-
taken (by Bond) to preſerve the Leagues, with our Allies, Neuters, and Friends, line with Eureka
according to the various and ſeveral Treaties ſubſiſting between us, and it is for don, Dec. 1,
1674, Art. 10.
this Reafon that Security is demanded, and given by reſponſible Men (not con-
Treaty Ma-
cerned in the Ship) to the Value of 1500l. for all Ships carrying leſs than 150 rine with
Men, and 3000l. for every Ship carrying more, that they will give full Satiſ- France, at St.
faction for any Damage or Injury that they hall commit in their Courſes at Sea, Laye,F26.24,
contrary to, and in Breach of, the aforeſaid Treaties, and alſo under the Penal- 1676-7, Art.
ties of forfeiting their Commiſſions, and for which their Ships are likewiſe 10.
made liable.
If a Suit be commenced between the Captor of a Prize and the Claimer, and Ditto, Art. 19.
there is a Sentence or Decree given for the Party reclaiming, ſuch ſentence or
Decree (upon Security given) ſhall be put in Execution, notwithſtanding the
Appeal made by him that took the Prize, which ſhall not be obſerved, in Cafe
the Sentence ſhall be given againſt the Claimers.
And whereas the Maſters of Merchant Ships, and likewiſe the Mariners and Ditto Art.14.
Paffengers, do ſometimes ſuffer many Cruelties and barbarous Uſages when they
are brought under the Power of Ships, which take Prizes in the Time of War,
the Takers, in an inhuman Manner, tormenting them, thereby to extort from
them ſuch Confeſſions as they would have to be made: It is agreed, that both his
Treaty of
Majeſty and the States General, ſhall, by the ſevereſt Proclamations, forbid all Commerce
fuch heinous and inhuman Offences, and as many as they ſhall, by lawful
with Spain,
May 1 3,1667
Proofs, find guilty of ſuch Acts, they ſhall take Care that they be puniſhed with Art
. 21, 22.
due and juſt Puniſhment, and which may be a Terror to others; and ſhall com-
Holland, July
mand that all the Captains and Officers of Ships, who ſhall be proved to have
21,1667, Art.
committed ſuch heinous Practiſes, either themſelves, or by inſtigating others to 26, 27,
Ditto, Feb.y.
act the ſame, or by conniving while they were done, ſhall (beſides other Puniſh-
1667-8, Art.
ments to be inflicted proportionally to their Offences) be forthwith deprived of 1, 2.
their Offices reſpectively: And every Ship brought up as a Prize, whoſe Mari- Ditto with
ners or Paſſengers ſhall have ſuffered any Torture, ſhall forthwith be diſmiſſed 1911, 1570;
and freed, with all her Lading, from all further Proceeding and Examinations Art. 16.
againſt her, as well judicial as otherwiſe.
Ships


Ditto with
3 L
222
rinewith Holm
land, Dec. I.
2.
Ditto with
Art. 1, 2.
Ditto with
Art. 28.
rine with
Art. 3
,
OF PRIVATE E R S.
Treaty Ma.
which ſhall be in Peace, Amity, or Neutrality, with the Prince whoſe Flag they
1674, Art.1, carry, and who is at preſent at Peace with us, and are not to be moleſted by us,
on Account of any Hoſtilities that may at preſent ſubſiſt, or hereafter may hap-
France, Feb. pen, between his Britannick Majeſty and thoſe Eſtates, provided ſuch Ships are
24, 1676-7, not Bearers of contraband Goods.
And to avoid Diſputes about the Underſtanding the Termof contraband Goods,
Spain, May 13 they are expreſsly determined to be only Arms, Pieces of Ordnance, with all Im-
Ditzo A with plements belonging to them, Fireballs, Powder, Matches, Bullets, Pikes, Swords,
Holland, Ju Lances, Spears, Halberds, Guns, Mortar Pieces, Petardes, Bombs, Granadoes,
20.2.1, 1607, Fire-Crancels, Pitched Hoops, Carriages, Muſquet Reſts, Bandeliers, Saltpetre,
Ditto, Feb.7. Muſquets, Muſquet Shot, Helmets, Corſlets, Breaſtplates, Coats of Mail, and the
1667-8, Art. like Kind of Armature, Soldiers, Horſes, and all Things neceſſary for the Fur-
Treaty Ma-niture of Horſes, Holſters, Belts and all other warlike Inſtruments whatſoever.
All other Goods whatſoever are (by the aforementioned Treaties) permitted
Dosto, Dic. lfreely to be carried, except to Places beſieged; and therefore a Privateer has no
Treaty Ma- Right to put any Hindrance thereto; but, if he makes a Prize of a Ship, loaden
Firence, hrob. entirely with the above-mentioned contraband Goods, both Ship and Loading will
24, 1676-7, be condemned; and if Part be prohibited Goods, and the other Part not, the
former only ſhall become Prize, and the Ship and the Remainder be ſet free;
Holland, Lon and, in Caſe the Captain of the Merchant Ship will deliver to the Captor that
don, Dec. 1, Part of his Cargo which is prohibited, the other ſhall receive it without com-
1674) Art. 7. pelling the Merchantman to go out of her Courſe, to any Port he thinks fit, but
Thall forthwith diſmiſs her, and upon no Account hinder her from freely pro-
ſecuting her deſigned Voyage.
Molloy de Jure If ſuch Ships ſhall be attacked in Order to be examined, and ſhall refuſe ſub-
Mar. P. 52. mitting thereto, they may be aſſaulted and entered by Force, and if the Perſons
See Ditto on aboard do not yield and ſurrender, thoſe that reſiſt may be ſain.
Repriſals, But if any Privateer wilfully commits any Spoil, Depredations, or any other
Ditto, S. 14.
Injuries, either on the Ships of Friends or Neuters, or on the Ships and Goods
of their Fellow Subjects, they will be puniſhed in Proportion to their Crimes,
either with Death or otherwiſe, and their Vefſels may likewiſe be ſubject to For-
feiture.
Whether a Ship taken be a lawful Prize or not ſhall be tried in the Admi-
Smith, i
323.5.2 keeralty; and no Prohibition thall be granted. In the laſt War between us and
bie 158, 176. Denmark, a Scotch Privateer took a Ship as Prize, being a Daniſh one, and the
was condemned as a lawful Prize by the Adiniralty in Scotland, and brought her
upon
the Land; and S. libelled in the Admiralty of England, ſuggeſting that
ſhe was not a Denmarker, but a Ship of London. Per Curiam. In as much that
the Matter is Prize, or not Prize, no Prohibition.
Raymond 473. One who had Letters of Marque in the laſt Dutch War, took an Oftender for
Hughs a Cora
a Dutch Ship, and brought her into Harbour, and libelled againſt her as a Prize,
Turner and and the Oſtender libelled in the Admiralty againſt the
Captor for Damages ſuſtain-
ed by Hurt the Ship had received in Port, and a Prohibition was prayed, be-
243.1 sid." cauſe the Suit was for Damage done in Port, for which an Action lies at the Com-
367, 2 Kee mon Law; but the Prohibition was denied, as the Original was a Caption at Sea,
ble zoo: 304: and the bringing her into Port, in order to have her condemned as a Prize, is
but a Conſequence of it, and not only the Original, but alſo the Conſequence,
ſhall be tried here.
And therefore if he, who hath Letters of Marque or Repriſal, takes the Ships
Lege fi quid and Goods of that Nation againſt whom the ſame are awarded, and carries
Cap.Ang. &
them into the Port of any Neuter Nation; the Owners may there ſeize her, or
Salic.in Leg. there the Admiral may lawfully make Reſtitution, as well of the Ships and Goods
ab Hoſtibus to the Owners, as the captive Perfons to their Liberty, for that the ſame ought
Conft. Gall. firſt to have been brought infra præħdia of that Prince or State, by whoſe Sub-
20. Tit. 13. jects, and under whoſe Commiſſion, the fame was taken.
Art. 24.Con,
ulMaris287.
And this is entirely agreeable to the Common Law; for a Dunkirker, having
taken a French Veſſel, was driven into Weymouth, and ſold her there before ſhe
was brought infra præfidia Dom. Regis Hiſp. and in this Caſe it was ruled, that if

S. 20.
Thomfon a

nelius & alios
Cary cont.
Neele, 1 Lev.

Barthol. in
Bello D. de
a Ship
OF PRIVATE E R S.
223
-
32
Somers and Sir
Leonard z.
P. 182,
F. 530.
Moor 776.
if diſtreſſing the Enemy may be termed ſo, as they advantageouſly inculcated
a Ship be taken by Piracy or Letter of Marque and Repriſal, and is not brought Trin. 17
infra præfidia of that Prince or State by whoſe Subjects the ſame was taken, it March i Rep:
could not become a lawful Prize, nor were the Owners by ſuch a Capture di- 110. 2 Kee-
veſted of their Property; but, if the Caption be by King's Ships, the Property ris a4 Barcles.
will be immediately in the Captors, and never be diveſted, unleſs afterwards it
be recovered by its former Proprietors, or be in Battle regained.
If two Ships with Letters of Marque accidentally meet with a Prize at Sea, Mich.
though only one attacks and takes her, yet the other being in Sight ſhall Eliza
have an equal Share of the Prize, though he afforded no Aſſiſtance in her Cap- Richard Bulk.
ture; becauſe his Preſence however ſtruck a Terror in the Enemy, and made ley's Cafe.
him yield, which perhaps he would not have done, had his Conqueror been
ſingle ;, ſo that all Ships that are in Sight, though they cannot come up to aſſiſt
in the Engagement, are entitled by the Common Law to an equal Diſtribution
in the Spoil.
But if thoſe to whom. Letters of Marque are granted, ſhould, inſtead of taking Rolls Abrig.
the Ship and Goods appertaining to that Nation, againſt which the faid Letters
are awarded, wilfully take, or ſpoil the Goods of another Nation in Amity, this
would amount to a downright Piracy, and the Perſons ſo offending would, for
ſuch Fault, forfeit their Veſſel (and the Penalties in which their Securities are
according to late Cuſtom bound on taking out ſuch Letters) notwithſtanding their
Commiſſion ; but this muſt be underſtood, where ſuch a Capture is done in a
piratical Manner; for it is made upon a ſtrong Preſumption, ſupported by many
Circumſtances and Appearances, that a Caption is juſt, as belonging to him
againſt whom the Repriſals are granted, though, if on Examination it proves
otherwiſe, and the ſuffering Parties have their Ship and Goods reſtored, yet the
Captors are not liable to Puniſhment, though ſometimes they may be to Da-
mages. On the contrary, they are juſtified in endeavouring to recover their
Right, or diſtreſs the Enemy (for which the Letters were granted them) though
in effecting it they may be miſtaken, as it is natural for the Enemy to cover
their Effects in the beſt Manner they can. It would be impoſſible always to
determine the Affair at Sea, therefore it is allowable to bring a dubious Capture
into Port, in order to more nice and juſt Scrutiny and Inſpection, otherwiſe the
Goods of an Enemy would often eſcape, as it frequently happened in the late
War. However, to guard againſt unlawful Seizures, the Government have
wiſely directed fufficient Caution to be given (as before-mentioned) for the due
Obſervance of the Letters according to Law, before they permit their iſſuing ;
and where there is a Breach committed, the Penalties are inflicted.
And in Order to avoid all illegal Proceedings, but to act with due Regularity
and Conformity with the Tenor of the Letters granted, whenever a Prize is
taken and brought infra præfidia, the Captor muſt exhibit all the Ship’s Papers
and captivated Mariners to be examined in order to Adjudication, till when,
Bulk ought not to be broken, nor may the Captain of the Captor ſuffer any
Embezzlement of the Lading, or ſell, barter, or diſpoſe of any Part without
Commiſſion, as the ſubſequent Acts will ſhew.
The Uſe of theſe Sort of Veſſels we were taught by our Neighbours, and
obliged by their Example to encourage them, who, in the firſt long War,
almoſt covered the Seas, and, like Locuſts, devoured every Thing they could
overpower ; and, in the late War, we ſufficiently experienced their Utility,
the Leſſon on the original Teachers, and almoſt ruined the Trade of the firſt
Inventors of theſe Annoyances, ſo deſtructive to the peaceful, mercantile Em-
ploy; and that we might not be tardy in encountering the Enemy at their
Weapons, the Legiſlature have thought proper to encourage this Way of mo-
leſting them, in the following Acts; which I inſert at Length, though a great
Part being only temporary are now expired, but will, in all Probability, be
revived in any future War.
The Lord High Admiral, Commiſſioners of the Admiralty, or any three of 13 Geo. II.
them, or their Deputies elſewhere, ſhall, after the 4th Day of January, 1739,
grant Commiſſions, or Letters of Marque (on Requeſt of any Owners of
Veſſels



P. 132.
224
OF PRIVATE ER S.

P. 133•
P. 134
Veſſels, on their giving the uſual Security) to any Perſon whom ſuch Owner
ſhall nominate Commander, or, in Caſe of Death, ſucceſſive Commanders of
ſuch Veffels (except only for the Payment of the Tenths of the Prizes to the
Lord High Admiral, or Commiſſioners of the Admiralty) for the attacking
and taking any Fortreſs by Land, or any Ship, Stores, Merchandizes, &c.
poſſeſſed by the Enemy, in any Sea, Creek, Haven, or River, and that ſuch
Ship, &c. (being firſt adjudged lawful Prize) ſhall wholly belong to the Owners
of ſuch Privateers, and the Captors, in ſuch Proportion as ſhall have been be-
forehand agreed on between themſelves, paying the Duties hereafter mentioned.
The Judge, &c. of ſuch Court of Admiralty ſhall, if requeſted thereto,
finiſh, within five Days, the uſual preparatory Examination for Trial of Prizes,
and the proper Monition ſhall be iſſued and executed in three Days after Requeſt;
and, in Caſe no Claim of ſuch Capture ſhall be duly entered, and atteſted on
Oath, giving twenty Days Notice after the Execution of ſuch Monition; or
if there be ſuch Claim, and the Claimants ſhall not, within five Days, give
Security (to be approved of by ſuch Court of Admiralty) to pay double Coſts
to the Captors, in Caſe the ſame be judged lawful Prize; then the Judge,
&c. of ſuch Court of Admiralty, on producing to bim the Examination, or
Copies thereof, and producing on Oath all Papers taken in ſuch Capture, or on
Oath made that no ſuch Papers were found, ſhall immediately acquit ſuch
Capture, or condemn it as lawful Prize. And, in Caſe fuch Claim be duly
entered, and Security given, and no Occaſion appears to examine diſtant Wit-
neſſes, then ſuch Judge, &c. ſhall examine the preſent Witneſſes, and, within
ten Days after Claim and Security, proceed to ſentence the Capture as aforeſaid.
But if the Matter appears doubtful to the Judge, &c, and it be found neceſſary
to examine Witneſſes remote from ſuch Court of Admiralty, and ſuch Exami-
nation be deſired, and an abſolute Determination inſiſted on, on both Sides,
then the Capture ſhall be appraiſed forthwith, by ſworn Appraiſers, on the
Part of the Captor ; for which Purpoſe the Judge ſhall cauſe the Goods found
on board to be unladen and put in proper Warehouſes, with ſeparate Locks,
of the Collector and Comptroller of the Cuſtoms, and, where there is no Com-
troller, then of the Naval Officer, and the Agents of the Captors and Claimants;
at the Charge of the Parties defiring the ſame; the Claimants giving Security
within fourteen Days after making ſuch Claim, to pay the Captors the full
Value appraiſed, if adjudged lawful Prize; after which Security, the Judge
ſhall order the ſaid Prize to be delivered to the Claimants, or their Agents.
And if the Claimants refuſe to give Security, the Judge ſhall take Security of
the Captors, to be approved by the Claimants, to pay the Claimants the appraiſed
Value, if it be adjudged not lawful Prize; and the Judge ſhall proceed there-
upon to make an interlocutory Order, for delivering the fame to the Captors
or their Agents.
All Captures brought into any of our American Colonies ſhall ſtay there with-
out breaking Bulk, under the joint Care of the Collector and
Comptroller of the
Cuſtoms; or where there is no Comptroller, of the Naval Officer of that Port,
and the Captors and their Agents, till the ſame ſhall be cleared or condemned by
final Sentence; and on Condemnation as lawful Prize, if taken by a Privateer,
ſhall be immediately delivered to the Captors and their Agents, ſubject to their
own Diſpoſal.
If any. Judges, or other Officers in his Majeſty's Dominions abroad, neglect
to perform any of the Matters to them referred, relating to diſcharging or
demning the Captures, as aforeſaid, ſhall forfeit 500l. &c.
There ſhall not be paid above rol. to all the Judges and Officers of any Court
of Admiralty abroad, for the Condemnation of any Capture under 100 Tons
Burthen, nor above 151. if the Capture be of that, or any greater Burthen ; and,
on Payment of either of the ſaid Sums, the Judges, &c. ſhall be liable to all the
ſeveral Penalties impoſed by this Act, if they neglect to do their Duties within
the reſpective Times limited.
If any Captors or Claimers ſhall not be ſatisfied with the Sentence given, in
ſuch Court of Admiralty abroad, they may appeal to Commiſſioners appointed
4
under
P. 135.

P. 136.
con-
OF P R I V ATE E R S.
225

from
a
paying the uſual Cuſtoms, or being ſubject to the Laws in being, in any of his
under the Great Seal of Great-Britain, for determining ſuch Appeals; to be
allowed as Appeals to ſuch Commiſſioners are now allowed from the Court of
Admiralty in England, if it be made within fourteen Days after Sentence, and
Security given to proſecute with Effect, and pay treble Coſts, if the Sentence be
affirmed; provided the Execution of any Sentence appealed from, ſhall not be
ſuſpended, if the Parties appellate give Security to the Court who paſſed Sentence
to reſtore the Ship, &c. or the Value, to the Appellants if the Sentence be
reverſed.
Any Commanders, Officers, &c. who ſhall embezzle any Part of the Capture,
ſhall forfeit treble the Value of ſuch Embezzlement, &c.
Provided that nothing in this Act contained thall exempt any Prizes
Majeſty's Dominions..
His Majeſty, his Heirs, &c. are impowered to grant Charters, Commiſſions, P. 139.
&c. in this, or any future War, to enable any Societies or particular Perfons, to
join in any Adventures by Sea or Land in America, to ſurprize, take, or deſtroy,
any Moveables or Immoveables belonging to the Enemy, and to veſt the Pro-
perty of all Things fo taken in any parts of America, whether Ships, Goods,
Stores of f War, Settlements, Fa&ories, Places of Strength, &c. together with
all Profits and Advantages accruing from the ſame, in what Manner, and under
fuch Regulations, as his Majeſty, his Heirs, &c. ſhall think fit, and to confirm
the ſaid Benefits by any further Grants.
Provided that no Charter, &c. ſhall reſtrain any of his Majeſty's Subjects -
a Trade to any Part of
There Thall be paid by the Treaſurer of the Navy, on
r of the Navy, on Bills made forth by P. 401.
.
the Commiſſioners, to be paid according to Courſe, without Fee, to the Officers,
Seamen, &c. that ſhall have been on board ſuch Privateers, in any Action where
any Ships of War or Privateers ſhall be taken from the Enemy or deſtroyed,
51. for every Man which was living on board any. Ship fo taken or deſtroyed,
at the Beginning of the Engagement between them; the Numbers to be prov-
ed by the Oaths of three or more of the chief Officers or Men belonging to
ſuch Ships of the Enemy, at the Time of their being taken or deſtroyed, be-
fore the Mayor, or other chief Magiſtrate of the Port whereto ſuch Prize, or the
Men of any Ship deſtroyed, ſhall be brought; which Oaths the ſaid Mayor, &c.
is hereby required to adminiſter, and grant a Certificate thereof, without Fee di-
rected to the Commiſſioners of the Navy; upon producing which Certificate,
with an authentick Copy of the Condemnation of ſuch Ship fo taken, or, if de-
ftroyed, on producing a Certificate from the Mayor, &c. the Commiſſioners or
their Agents ſhall, within fifteen Days, make out Bills for the Amount of ſuch
Bounty, directed to the Treaſurer of the Navy, payable to, and to be divided
among, the Owners, Officers, &c. of any Privateer, as by written Agreement
among themſelves ſhall be directed.
made out for the Bounty aforeſaid ſhall be payable to the Agents of P. 141
Owners, &c. of Privateers, to be divided as by written Contract, &c.
All Captures, commonly called Flota Ships, or Galleons, or any Regiſter Ships,
bound from Buenos Ayres or Honduras, or any Goods on board the ſaid Ships,
ſhall be adjudged in his Majeſty's High Court of Admiralty, and not by any
Court of Admiralty out of Great-Britain.
If any Ships, &c. belonging to his Majeſty's Subjects, ſhall be taken by the p. 142.
Enemy, and afterwards retaken by any Men of War, or Privateers, under his
Majeſty's Protection, the ſaid Ships, &c. fo retaken, ſhall be reſtored to their pro-
per Owners, paying, in Lieu of Salvage, an eighth Part of the Value, after having
been in Poffeffion of the Enemy twenty-four Hours; and, if above twenty-four
Hours, and under forty-eight Hours, a fifth Part; and, if above forty-eight
Hours, and under ninety-lix Hours, a third Part; and, if above ninety-lix
Hours; a Moiety thereof: All which Payments Thall be made without Deduction,
and if
any Ship, fo retaken; ſhall appear to have been ſet forth by the Enemy,
while in their Cuſtody, as a Man of War, the Owners of ſuch Ship retaken,
pay a full Moiety of the real Value, without Deduction.


hance
ſhall
3 M
If
226
OF PRI V A T E ER S.
P. 1344
P.705.
that no Mariner, or other Perſon, who ſhall ſerve, or be retained to ſerve on
fany Ship, &c. be taken by any Privateer, through Confent or Connivance;
fuch Ship, &c. as alſo the Tackle, Apparel, Furniture, and Ammunition of ſuch
Privateer, ſhall be judged good Prize; and the Bond given by the Captain ſhall
be forfeited to his Majeſty, &c.
No Privateer, touching at any of the American Plantations ſhall
carry
from
thence any Servant, without Conſent of the Owner, or any other Perſon without
his Ticket of Leave to depart, but in all Caſes be ſubjeæ to the Laws of the
Country.
For the Encouragement of the Officers and Seamen of his Majeſty's Ships of
P. 17 Geo.II.
P. 691, 692. War, and of all other Britiſh Ships, having Commiſſions or Letters of Marque;
and for inducing all Britiſh Seamen, who may be in any foreign Service, to re-
turn into this Kingdom, and become ſerviceable to his Majeſty, and for the more
effectually fecuring and extending the Trade of his Majeſty's Subjects, It is
enacted (the ſame as the preceding Act entire, with the following Additions,
viz.) that all Commanders of private Ships of War, or Merchant Ships having
Letters of Marque, ſhall, on going into anyof thoſe Ports or Harbours, be ſubject
to the ſeveral Directions and Forfeitures by fuch Laws made and provided.
Some Doubts having ariſen upon the Conſtruction of ſeverał Clauſes in the
foregoing Act of 13 Geo. II. It is therefore enacted : That, after the firſt Day of
July, 1744, all Proceedings in any of his Majeſty's Courts of Admiralty, con-
cerning the Adjudication and Condemnation of Prizes taken from the Spaniards,
ſhall be according to the Method directed and preſcribed by this preſent Act.
Nothing in this Act contained ſhall reſtrain his Majeſty, his Heirs and Succef-
fors, from giving ſuch further Rules and Directions to his reſpective Courts of
Admiralty, for the Adjudication and Condemnation of Prizes, as by his Majeſty,
&c. with Advice of his privy Council, ſhall be thought neceffary.
And, as in all private Ships of War or Merchant Ships, that ſhall take out
Letters of Marque, it is expedient, for the better Diſcipline and Government of
fuch Ships, that all Perſons who fhall enter themſelves on board, ſhould be
under proper Regulations, to pay Obedience to the lawful Commands of the
chief Commanders of the ſaid Ships : It is therefore enacted, that all Offences.com-
mitted by any Officer or Seaman, on board any Privateer or Merchant Ship,
taking Letters of Marque, during the preſent War with Spain or France, ſhall
be puniſhed in ſuch Manner as the like Offences are puniſhable on board his
Majeſty's Ships of War
P. 706.
All Offenders who ſhall be accuſed of ſuch Crimes as are cognizable only by a
Court-Martial, ſhall be confined on board ſuch Privateer, &c. in which ſuch Of-
fence ſhall be committed, until they ſhall arrive in ſome Port in Great-Britain or
Ireland, or can meet with ſuch a Number of his Majeſty's Ships of War abroad,
as are ſufficient to make a Court-Martial; and, upon Application made by the
Commander of ſuch Privateer to the Lord High Admiral of Great-Britain, or the
Commander in Chief of his Majeſty's ſaid Ships of War abroad; they are hereby
authorized and required to call a Court-Martial, for trying and puniſhing the
faid Offences.
For Advancement of the Trade of Great-Britain, to, and in, the ſeveral Bri-
tiſh Sugar Colonies in the Weſt Indies in America, for the better Encouragement
of his Majeſty's Ships, and private Ships of War, and the annoying and dimi-
niſhing the Power and Wealth of his Majeſty's Enemies in thoſe Parts; and, for
the Increaſe of Shipping and Seamen, for theſe and other Services, It is enacted,
021
board any Privateer, or trading Veſſel, that ſhall be employed in any of the Bri-
tiff Sugar Colonies in the Weſt Indies in America, &c. Thall be impreſſed or taken
away by any Officer belonging to any of his Majeſty's Ships of War, unleſs ſuch
Mariner ſhall have before deſerted from ſuch Ship of War, at any Time after this
24th of June, 1746, upon Pain that the Officer ſo impreſſing, &c. contrary to
the Tenor and true Meaning of this Act, ſhall forfeit to the Maſter or Owner
of ſuch Vefſel, 50l. for every Man he ſhall take, with full Coſts of Suit, &c.
P. 438.
Every Maſter or Commander of a Privateer, or trading Veſſel, before he thall
receive in any of the Parts aforeſaid, any Seamen, &c. to ſerve on board, ſhall
endeavour,





19 Geo. II.
P. 487.
OF PRI V A T EERS.
227
endeavour, by all the Means he reaſonably can, to diſcover whether ſuch Perſon
hath deſerted from any Man of War; and in Caſe any Commander ſhall receive
any
Mariner
on board, without firſt having made ſuch Endeavour towards a
Diſcovery, or if he ſhall know ſuch a one to be a Deferter, he ſhall forfeit gol.
for every Man he ſhall ſo entertain, 3€.
And every Maſter of a Merchant Ship, or Commander of a Privateer, before P. 489.
he ſhall ſet ſail from any Port belonging to any of the ſaid Britiſh Sugar Colonies,
ſhall deliver to the chief Officer of the Cuſtoms of the Port he fails from, an
exact Liſt of all the Men belonging to ſuch Veſſel, containing their Names,
Ages, and Deſcription of their perfonis, upon Pain of forfeiting 10l. for every
Man he ſhall receive on board, &c.
Upon the Death or Alteration of any Seaman, the Liſt muſt be altered, and
Thewn to the Captains of Men of War; and, in Cafe any Man belonging to his
Majeſty's Ships of War ſhall be found on board, whoſe Name is not in the Liſt,
the Maſter or Commander ſhall forfeit sol. for every ſuch Man, &c.
The Preamble ſets forth, that by the preceding Act of 13 Geo. II. the ſole 2.0 Geo. II.
Property of all Veſſels and Merchandiſe taken from the Spaniards, is given to the P. 591.
Officers, &c. on board every Privateer (being firſt adjudged lawful Prize) and
diverſe Rules are therein eſtabliſhed for the Condemnation of ſuch Prizes; and
by the ſaid Act, a Bounty is given to the Officers and Seamen, on their taking or
deſtroying the Enemy's Ships, and that by the foregoing Act of 17 Geo. II. it
was found neceffary that the fame Encouragement ſhould be given to the Cap-
tors of French Ships, &c.
All Sales, Bills of Sale, Contracts, Agreements, and Aſſignments of Shares P. 592.
of Prizes, &c. taken from the Eneny by Ships of War, or having Letters of
Marque which ſhall be made at any Time, after the ſaid firſt of June, ſhall be
void and of none Effect.
The Agents are to pay the reſpective Shares of Prizes and Bounty Money to P. 596.
all Seamen, &c. as ſhall appear in Perſon, or, in their Abſence, to their lawful
Attornies, impowered by them, in Manner herein-after directed, or to their
Executors, &c. without any Regard to Bargain or Sale whatſoever, concerning
the ſame.
After the ſaid ift of June, no Letter of Attorney, made by any Seaman, &c.
in any Ship of War, or having Letters of Marque, or by their Executors, &c. in
Order to impower any Perſon to receive any Share of Prizes or Bounty Money,
ſhall be valid, unleſs the ſame be made revocable, and for the Uſe of ſuch Sea-,
men, and be ſigned and executed before, and atteſted by, the Captain and one
other of the ſigning Officers of the Ship, or the Mayor or chief Magiſtrate of
ſome Corporation.
As every War produces Alterations, the following have been made ſince the
preſent, commencing in 1756.
If any Captor or Claimant ſhall not reſt ſatisfied with the Sentence given in 27 Geo. II.
the Admiralty Court abroad, the Party aggrieved may appeal to the Commiffi-
oners of Appeals in Cauſes of Prizes, in Great Britain; the ſame to be allowed
in like Manner as Appeals from the Court of Admiralty in this Kingdom, ſo as
che fame be made within fourteen Days after Sentence, and Security be given to
proſecute ſuch Appeals and anſwer the Condemnation, and to pay treble Coſts,
in Caſe the Sentence be affirmed.
The Execution of any Sentence ſhall not be ſuſpended by Reaſon of ſuch
Appeal, in Caſe the Party appellate give Security to be approved of by the Court
to reſtore the Ship or Effects, or the full Value thereof, to the Appellant, in
Caſe the Sentence ſhall be reverſed.
any Perſon, who was not a Party in the firſt Inſtance, ſhall interpoſe an
Appeal from a Sentence given in any Admiralty Court
, ſuch Perſon or his
Agent, Ihall, at the ſame Time, enter his Claim, otherwiſe ſuch Appeals ſhall
be null and void.
All Appraiſements and Sales of Ships or Merchandizes, taken by his Majeſty's,
Ships of War, are to be made by Agents appointed in equal Numbers by the
Flag Oficers, Captains, Officers, Ships Company, and other entitled there-




If
5
unte
228
OF PRIVATE ER S.
pe Of
unto, viz. If the Flag Officers, or Flag Officer, of any Fleet or Squadron,
which ſhall take any Prize (or the Majority of fuch Flag Officers, if more than
one) ſhall appoint one or more Agents, to ſell or appraiſe the fame, then the
Captains and Commanders ſhall hominate the like Number to act for them, and
all the other Officers ſhall appoint the like Number to act for them; and all the
Crews of the ſeveral Ships Companies entitled thereto, Thall appoint the ſame
Number of Agents to act on their Behalf.
But nothing herein is to extend to alter any Agreement between the Owners,
Officers, and Seamen of Privateers.
All Agents for receiving the Bounty for Head-Money are to exibit and regiſter
in the Court of Admiralty, where the Prize ſhall be condemned, their Letters
of Attorney appointing them Agents; and if any Agents ſhall refuſe or neglect
ſo to do for fix Months after Condemnation, he is to fofeit gool. to be recovered
by the Proſecutor.
If
any Agent is appointed after Condemnation, he muſt make the ſame Re-
giftry under the fame Penalty.
After the Sale of any Prize taken by any of his Majeſty's Ships of War, pub-
lick Notice is to be given by the Agents of the Day appointed for Payment of
the Shares to the Captors; after which, 'if any Men's Shares ſhall remain in their
Hands, either belonging to ſuch Men as ſhall be run from his Majeſty's Service,
or not be legally demanded in three Years, the ſame are to go to the Uſe of
Greenwich Hoſpital.
If any Veſſel ſhall be taken by Colluſion by a Man of War, the Commander
or Captain ſhall forfeit roool. one Moiety to the Uſe of his Majeſty, the other to
the Profecutor ; and he ſhall forfeit his Employment, and be incapable of any
Office under his Majeſty, during the Space of ſeven Years, and the Goods,
Ship, Tackle, &c. ſo taken by Colluſion, ſhall be adjudged good Prize to his
Majeſty.
Perſons belonging to his Majeſty's Service who ſhall run away from their Ships
before Notification of the Payment of Prizes or Bounty Money, are not entitled
to their Shares, but the ſame ſhall go to Greenwich Hoſpital.
And, if they run away after Notification given, they forfeit ſuch Part of their
Shares as ſhall remain in the Agents Hands. I or
All Agents, &c. who ſhall diſpoſe of any Prize, are, within three Months
after the Day of the firſt Payment to the Captors, to tranſmit to the Treaſurer of
Greenwich Hoſpital, &c. a true State of the Produce of ſuch Prizes, together
with an Account of the Payment of the ſeveral Shares to the Captors, as ſhall
then have been made ; and all Perſons authorized to receive Bounty Bills are,
like Manner, to tranſmit an Account of the Payment of the Shares; and all
Agents, &c. who ſhall diſpoſe of any Prizes taken by any of his Majeſty's Ships
of War, or that ſhall have received or diſpoſed of any Bills for Bounty, are,
within three Months after the Term of three Years, limited by this Act, to
make out an exa& Account of the Produce of ſuch Prize and Bills for Bounty;
as alſo of the Payments of the feveral Shares to the Captor's, together with a
true Account upon Oath, to be taken before the Treaſurer of the ſaid Hoſpital,
&c. 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 Perſons directed to deliver the Accounts before-mentioned, and to pay
the Money within the Time before limited and appointed, on Neglect are to
forfeit 1ool. excluſive of the Money then in their Hands; one Third to his
are to forſeit 100l. over and above the aforeſaid Penalties ; one Third to his Ma-
jefty, one Third to the Hoſpital, and the other to the Informer, with Cofts of Suit.
No Agent may be ſued by any Perſon who ſhall make a Run from his Ma-
jeſty's Service, in the Lifts certified of the Names of the Officers, Seamen, &c.
actually on board any of his Majeſty's Ships of War, at the taking of any Prize,
until the End of three Months after the Expiration of the three Years limited for

in
I
the
OF PRIVATE ER S.
229
before ſuch Commiſſion ſhall be granted.
fpecifying the Burthen, and the Number, and the Nature, of the Guns on
million) and every Commander ſhall produce ſuch Commiſſion to the Collector,
the Claiming of Prizes and Bounty Money, unleſs ſuch Perſon (hall, before any
Action brought, obtain a Certificate of his R being taken off, and the Forfeiture
of his Share of ſuch Prize and Bounty Money diſcharged by the Commiſſioners
of the Navy, who ſubſcribed the ſaid Liſts, and fhall produce ſuch Certificates
to the Agents, and unleſs the Agent ſhall refuſe thereupon to pay the ſaid
Prize and Bounty Money within two Months after ſuch Demand and Certifi-
cate produced.
The Preamble ſets forth, that repeated Complaints having been made of Pi- 32 Geo. II.
racy and Robbery being commited on board ſmall Ships and Boats being, or
pretending to be, Engliſh Privateers ; and that it is apprehended that moſt of the
Acts of Piracy and Robbery have ariſen from the Obligation on the Lords of the
Adıniralty, to grant Commiſſions to all Commanders of Ships or Veſſels of
what Burthen foever, without Diſtinction : To remedy which inconveniency it
is enacted, that ſuch Commiſſions ſhall be abſolutely repealed and made void.
But it is further enacted, that from and after the firſt of June, 1759,
Com-
miſſions ſhall be iſſued at the Requeſt of any Owner or Owners, they giving ſuch
Security as is herein after-mentioned ; and that all Ships, Veſſels, Goods, &c.
taken by any ſuch Privateer (being firſt adjudged lawful Prize) ſhall wholly
belong to the Owners and Captors, in ſuch Manner as ſhall be agreed on
among themſelves, and neither his Majeſty, or any Admiral, Vice-Admiral,
Governour, or other Perſon whatſoever, except as to the Cuſtoms and Duties.
No Commiſſion ſhall be granted, if in Europe, except the Veſſel be of 100
Tons Burthen, carrying 10 Carriage Guns, being three Pounders, and 40 Men
at leaſt; or unleſs the Lords of the Admiralty, or Perſons authorized by them,
ſhall think fit to grant the ſame to any Vefſel of inferior Force or Burthen.
The Lords of the Admiralty may at any Time, by an Order in Writing,
revoke any Commiſſion.
In ſuch Caſe, the Secretary of the Admiralty is required with all convenient
Speed after any Commiſſion ſhall be ſo revoked, to give notice in Writing to the
Owners, Agents, or Sureties of the Ship or Veffel, named in ſuch Order of Re-
vocation: And, if ſuch Ship ſhall be in the Channel, the Order of Revocation
fhall be effectual to ſuperſede the ſaid Commiſlion, at the Expiration of twenty
Days from ſuch Notice, or ſooner, if the Notice ſhall be given to the Com-
mander of the Veſſel: If ſhe ſhall be in the northen Seas, at the Expiration of
twenty Days; and, if to the ſouthward of Cape Finiſterre, or in the Mediterranean,
at the End of fix Weeks : If in North America or the Weſt Indies, at the Ex-
piration of three Months ; and in the Eaſt Indies, at the End of fix Months :
And the Perſon concerned may complain of ſuch Revocation to his Majeſty
in Council, within thirty Days after the Notice is given, and the Determination
of his Majeſty in Council ſhall be final.
If the Order of Revocation ſhall be ſuperſeded, the Commiſſion ſhall be
deemed to have continued in Force, in the fame Manner as if no ſuch Revo-
cation had been made.
No Perſon ſhall be liable to be puniſhed for doing any Matter or Thing be-
fore he ſhall have received perſonal Notice of ſuch Revocation.
Before the granting any Commiſſion, uſual Bail or Security ſhall be taken,
each Perſon being Security making Oath before the Judge of the Admiralty,
&c. that, at the Time of their being ſworn, they were worth more Money
than the Sum for which they are then bound, excluſive of their juft. Debts :
And the Marſhal of the Court, &c. is directed to make enquiry of the Suffi-
ciency of ſuch Security, and report the fame to the Judge or his Surrogate,
All Perſons applying for Commiſſions are to make Application in writing,
and ſet forth therein a particular and exact Deſcription of the Ship or Veiſel,
board, to what
Place belonging, and the Names of the principal Owners, and
the Number of the Men (all which Particulars are to be
inſerted in the Com-
&c. of the Port from whence ſuch Ship or Vefſel ſhall be firſt fitted out, or

ز


3 N
to
230
OF PRIVATE E R S.
to the lawful Deputy of ſuch Collectors, &c. who are required to inſpect the
ſaid Ship, without Fee or Reward, ſo as to aſcertain the Burthen, Number of
Men, and Number and Nature of her Guns: And if they ſhall find the ſame
to anſwer the Tenor of the Deſcription in the Commiffiion, or be of greater
Force, they are immediately, upon the Requeſt of the Commander, to give
him a Certificate gratis, which ſhall be deemed a neceſſary Clearance, before
ſuch Veſſel ſhall be permitted to fail from that Port: And if the Commander
ſhall depart without ſuch Certificate, or proceed upon a Cruize with a Force
inferior to that mentioned in his Commiſſion, or required by this Act, the
Commiſſion fhall from thenceforth be null and void ; and the Commander,
being convicted before any Court of Admiralty, ſhall be impriſoned without
Bail or Mainprize, for ſuch Space as the Court ſhall direct, not exceeding
one Year.
If any Collector, &c. ſhall grant a Certificate for any Veſſel which ſhall not
be of the Burthen and Force ſpecified in the Commiſſion, or of greater Burthen
and Force than ſhall be mentioned therein, he ſhall forfeit his Office, and be
for ever after incapable of holding any Office in the Cuſtoms; and ſhall alſo
forfeit 100l. one Half to the Informer, and the other to the Corporation for
the Relief of ſick and diſabled Seamén in the Merchant Service; or, if the
Forfeiture ſhall be incurred in an Outport, where there is a Corporation for
Relief of Seamen, then to the Truſtees of ſuch Corporation.
The Tonnage of Veſſels to be aſcertained according to the Rules laid down by
the AA 8 Anna, for making a Dock at Liverpoole.
If the Commander of any private Ship of War ſhall agree to ranſom any
neutral Veſſel, or the Cargo, or any Part thereof, after the ſame ſhall have been
taken as Prize, and in Purſuance of ſuch Agreement, diſcharge ſuch Prize
without bringing the ſame into ſome Port belonging to his Majeſty's Domi-
nions, he ſhall be deemed guilty of Piracy, Felony, and Robbery; and upon
Conviction, ſhall ſuffer Pains of Death, Loſs of Lands, Goods, and Chattels
accordingly.
But the Commander of any private Ship of War, upon the Capture of any
neutral Ship, which ſhall be liable only to the Forfeiture of ſuch contraband
Goods as ſhall be on board, may receive ſuch Goods from ſuch Ship, in Caſe the
Commander thereof is willing to deliver the ſame, and may theïeupon ſet ſuch
neutral Ship at Liberty; and if any Perſon ſhall purloin or embezzle any con-
traband Goods before Condemnation, he ſhall ſuffer ſuch Pains and Penalties
as are inflicted by Law on Perſons purloining or embezzling Goods out of
any captured Ship.
All Books, Papers, and Writings, found in any Veſſel, taken as Prize, ſhall
be brought into the Regiſtry of the Court of Admiralty, wherein ſuch Veſſel
may be proceeded againſt in Order for Condemnation; but ſuch only tranſlated
as ſhall be agreed or inſiſted upon by the Proctors of the ſeveral Parties, Cap-
tors or Claimants, or, in Caſe of no Claim by the Captor or Regiſtry, to be
neceſſary for aſcertaining the Property of ſuch Veſſel and her Cargo.
No Judge, Regiſter, or Deputy Regiſter, Marſhal or Deputy Marſhal, or
any other Officer belonging to any Court of Admiralty or Vice Admiralty in
Great-Britain, or Ireland, or the Plantations, or elſewhere; nor any Advocate
or Proctor ſhall be concerned in any Privateer, having Commiſſion aforeſaid, on
Penalty of forfeiting their Office and alſo rool. to his Majeſty ; and every
vocate or Proctor to be rendered incapable of practiſing for the future.
No Regiſter, or Deputy Regiſter, nor any Marſhal, nor Deputy Marſhal, of
any Admiralty or Vice Admiralty Court, ſhall act or be concerned, either
directly or indirectly, as Advocate or Proctor in ſuch Courts to which they
belong, or, on Non-Obſervance of this Clauſė, ſhall forfeit his reſpective
Office and Employment in ſuch Court.
If any Appeal ſhall be interpoſed from a Sentence given in an Admiralty Court
in Purſuance of the Act 29 Geo. II. the Judge of ſuch Court ſhall, at the Requelt
and Charge, either of the Captor or Claimant (or of the Claimant only, in Cafe
where the Privilege is reſerved in Favour of the Claimant by any Treaty now
fubfifting,




OF PRI V A T EERS.
32'
ſubliſting) make an order to have ſuch Capture appraiſed (unleſs the Partice agree
upon the Value) and an Inventory taken, and then take Security for the full
Value thereof, and cauſe ſuch Capture to be delivered to the Party giving ſuch
Security, in the ſame Manner as by the former Act, ſuch Judge ought or could
have done before Sentence given notwithſtanding ſuch Appeal; and if there
ſhall be any Difficulty or Objection to the giving or taking Security, the Judge
Thall, at the Requeſt of either of the Parties, order ſuch Goods and Effects to
be entered, landed, and ſold by publick Auction, as Prize Goods now are, under
the Care and Cuſtody of the Officers of the Cuſtoms, and under the Direction
and Inſpection of ſuch Perſons as ſhall be appointed by the Claimants and Captors;
the Produce to be depoſited in the Bank of England, or in ſome publick Securi-
ties, in the Names of ſuch Truſtees as the Captors and Claimants ſhall appoint,
and the Court ſhall approve, for the Uſe and Benefit of the Parties who ſhall be
adjudged to be entitled thereto; and, if ſuchSecurity ſhall be given by the Claim-
ants, then the Judge ſhall give ſuch Capture a Paſs, to prevent its being taken
again by his Majeſty's Subjects in its deſtined Voyage.
This Act to continue in Force during the preſent War with France, and no
longer.
The Expence at the Admiralty Office of a Letter of Marque or a Commiſſion
is il. 25. 6d. and at the Commons gl. 145. 6d. but Proctors (when employed)
generally charge fifteen Guineas.
An ORDER from the Lords of the Admiralty to the Judge of the High Court of
.
Admiralty, to make out the Commiſion.
By the Commiſioners for executing the Office of Lord High Admiral of Great-
Britain
and Ireland, &c.
W
HEREAS by his Majeſty's Commiſſion under the Great Seal of Great-
Britain, bearing Date the
We are re-
quired and authorized to iſſue forth and grant Commiſſions to any of his Majeſty's
Subjects, or others, whom we ſhall deem fitly qualified in that Behalf, for the
apprehending, ſeizing, and taking the Ships, Veſſels, and Goods belonging to
or the Vaſſals and Subjects of the King, or others inhabiting within any of
his Countries, Territories, and Dominions, and ſuch other Ships, Veſſels, and
Goods, as are or ſhall be liable to Confiſcation, purſuant to the reſpective Treaties
between his Majeſty and other Princes, States, and Potentates, and to bring the
ſame to Judgement in his Majeſty's High Court of Admiralty of England, or ſuch
other Court of Admiralty, as ſhall be lawfully authorized in that Behalf, for Pro-
ceedings and Adjudication and Condemnation to be thereupon had, according to
the Courſe of Admiralty and Law of Nations, with other Powers in the ſaid
Commiſſion expreſſed; a Copy whereof, together with his Majeſty's Inſtructions
under his royal Signet and Sign Manual, remains with you: These are therefore
to will and require you, forthwith to cauſe a Commiſſion or Letter of Marque to
be iſſued 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 ſet forth, in warlike Manner,
the ſaid Ship called the
whereof the ſaid
is Commander, and to
apprehend, ſeize, and take the Ships, Vefſels, and Goods, belonging to or
the Vaffals and Subjects of the King, or others inhabiting within any of his
Countries, Territories and Dominions, and ſuch other Ships, Veſſels and Goods
as are or ſhall be liable to Confiſcation, purſuant to the reſpective Treaties between
his Majeſty and other Princes, States, and Potentates, according to his Majeſty's
Commiſſion and Inſtructions aforeſaid. And you are to inſert therein a Clauſe,
enjoining the ſaid
to keep an exact Journal of his Proceed-
ings, and therein particularly to take Notice of all Prizes which ſhall be taken
by him, the Nature of ſuch Prizes, the Time and Place of their being taken, and
the Value of them as near as he can judge; as alſo the Station, Motion, and
Strength of the Enemy as well as he can diſcover, by the beſt Intelligence he can



I
get;
232
PRI V A T E E R S.
get; of which he is from Time to Time, as he hall have Opportunity, to tranſ-
mit an Account to our Secretary, and to keep Correſpondence with him by all
Opportunities that ſhall preſent. Provided always, that before
you
iſſue ſuch
Commiflion, Security be given thereupon, according as is directed by his Ma-
jeſty's Inſtructions aforementioned, and hath been uſed in ſuch Caſes. The ſaid
Commiſſion to continue in Force until further Order: For which this ſhall be
your Warrant. Given under our Hands, and the Seal of the Office of Admi-
ralty, this
Day of
174
To Sir Henry Penrice, Knight,
Fudge of the High Court of
Admiralty. .
By command of their Lordſhips,
The Commffion.
:
GEORGE the Second, by the Grace of God King of Great Britain, France
,
, of
fents ſhall come, greeting : WHEREAS WE, by ourDeclaration of the nineteenth
Day of O&tober, in the Year of our Lord one thouſand ſeven bundred and thirty-
nine, for the Reaſons therein contained, have declared War againſt Spain ;
AND WHEREAS, We, by our Declaration of the twenty-ninth Day of March,
in the Year of our Lord one thouſand ſeven hundred and forty-four, for the
Reaſons therein contained, have declared War againſt France. AND WHEREAS,
We, by our Commiſſion under onr Great Seal of Great-Britain, bearing Date
the eighteenth Day of Yune following, have willed, required, and authorized
our High Admiral of Great-Britain, and Ireland, &c. for the Time being,
and our Commiſſioners for executing the Office of our High Admiral of Great
Britain and Ireland, &c. and the Commiſſioners for executing the ſaid Office,
for the Time being, or any three or more of them, to iſſue forth and grant
Commiſſions to any of our loving Subjects or others, whom our High Admi-
ral aforeſaid, or our ſaid Commiſſioners for executing the ſaid Office, and the
Commiſſioners for executing the ſame for the Time being, ſhall deem fitly
qualified in that Behalf, for the apprehending, ſeizing, and taking the Ships,
Veſſels, and Goods, belonging to France and Spain, or the Vaſſals and Subjects
of the French King or King of Spain, or either of them, or others inhabiting
within any of their or either of their countries, Territories, and Dominions,
and ſuch other Ships, Veſſels, and Goods, as are or ſhall be liable to Confiſca-
tion, purſuant to the reſpective Treaties between us and other Princes, States,
and Potentates, and to bring the ſame to Judgement in our High Court of
Admiralty of England, or ſuch other Court of Admiralty as ſhall be lawfully
authoriſed in that Behalf for Proceedings and Adjudications, and. Condemna-
tion to be thereupon had according to the Courſe of Admiralty and Laws of
Nations, and with ſuch Clauſes to be therein inſerted, and in ſuch Manner, as
by our ſaid Commiſſion more at large appeareth. And WHEREAS our ſaid Com-
miſſioners for executing the Office of our High Admiral aforeſaid, have thought
fitly qualified, who hath equipped, fur-
niſhed, and victualled a Ship called
of the Burthen of about
Tons, whereof he the ſaid
is Commander. AND WHEREAS the ſaid
hath
given ſufficient Bail, with Sureties, to us in our ſaid High Court of Admiralty,
according to the Effect and Form ſet down in our Inſtructions made the faid
eighteenth Day of June, one thouſand ſeven hundred and forty-four, and in the
eighteenth Year of our Reign, a Copy whereof is given to the ſaid Captain
KNOW YE THEREFORE, that we do by theſe Preſents grant Commiſſion to,
and do licenſe and authorize the ſaid
to ſet forth in warlike
Manner the ſaid Ship called the
under his own Command ;
and therewith, by Force of Arms, to apprehend, ſeize, and take, the Ships,
Veſſels, and Goods, belonging to France and Spain, or the Vaffals and Sub-
jects of the French King or King of Spain, or either of them, or others in-
5
habiting



OF PRIVATE ERS
233
habiting within any of their or either of their Countries, Territories, and Do-
minions, and ſuch other Ships, Vefſels, and Goods, as are or ſhall be liable to.
Confiſcation, purſuant to the reſpective Treaties between us and other Princes,
States, and Potentates, and to bring the fame to ſuch Ports as ſhall be moft con-
venient in order to have them legally adjudged in our faid High Court of Admi-
ralty of England, or before the Judges of ſuch other Admiralty Court as fhall be
lawfully authorized within our Dominions, which being condemned, it ſhall and
may be lawful for the ſaid
to ſell and diſpoſe of ſuch Ships,
Veſſels, and Goods, ſo adjudged and condemned in ſuch Sort or Manner as by
the Courſe of Adeniralty hath been accuſtomed, except in ſuch Caſes where it is
otherwiſe directed by our ſaid Inſtructions. PROVIDED always, that the faid
keep an exact Journal of his Proceedings, and therein particularly,
take Notice of all Prizes which ſhall be taken by him, the Nature of ſuch
Prizes, the Times and Places of their being taken, and the Values of them,
as near as he can judge; as alſo of the Station, Motion, and Strength of the
Enemies, as well as he or his Mariners can diſcover by the beſt Intelligence
he can get, and alſo of whatſoever elſe ſhall occur unto him, or any of his
Officers or Mariners, or be diſcovered or diſcloſed unto him or them, or
found out by Examination or Conference with any Mariners or Paſſengers of,
or in, any of the Ships or Veſſels taken, or by any other Perſon or Perſons, or by
any other Ways and Means whatſoever, touching or concerning the Deſigns of
the Enemies, or any of their Fleets, Veſſels, or Parties, and of their Stations,
Ports, and Places, and of their Intents therein, and of what Merchant Ships
or Veſſels of the Enemies bound out or home, or to any other Place, as he or
his Officers or Mariners Tall hear of, and of what elſe material in thoſe Caſes
may arrive to his or their knowledge; of all which he hall, from Time to
Time, as he ſhall or may have Opportunity, tranſmit an account to our
High Admiral of Great-Britain for the Time being, or our ſaid Commiſſioners
for
executing the Office of our High Admiral aforeſaid, or the Commiſſioners
for executing that Office for the Time being, or their Secretary, and keep a
Correſpondence with him or them by all Opportunities that ſhall preſent. AND
FURTHER PROVIDED, that nothing be done by the ſaid
or any of his Officers, Mariners, and Company, contrary to the true Mean-
ing of our aforeſaid Inſtructions, but that the ſaid Inſtructions ſhall be by
them, and each and every of them, as far as they or any of them are therein
concerned, in all Particulars well and duly performed and obſerved. And We
pray and defire all Kings, Princes, Potentates, Eftates, and Republicks, being
our Friends and Allies, and all others to whom it ſhall appertain, to give the
ſaid
all Aid, Aſſiſtance, and Succour, in their Ports,
with his faid Ship, Company and
Prizes, without doing or ſuffering to be done
to him any Wrong, Trouble, or Hindrance, We offering to do the like when
we ſhall be by them thereunto deſired. AND We will and require all our Offi-
cers whatſoever, to give him Succour and Aſſiſtance as Occaſion ſhall require.
IN WITNESS whereof we have cauſed the Great Seal of our High Court of
Admiralty of England to be hereunto affixed. Given at London the
in the Year of our Lord one thouſand ſeven hundred and
forty four, and in the eighteenth Year of our Reign.
Day of
3 0
Extract
234
OF PRIVATE ER S.
Extract from the Regiſtry of the high Court of Admiralty of England.
GEORGE R.
5.
T.
INSTRUCTIONS for the Commanders of ſuch Merchant Ships and Veſſels as
may have Letters of Margue, or Commiſſions for Private Men of War againſt
the King of Spain, bis Vaſals, and Subjects, or others inhabiting within any of
his Countries, Territories, or Dominions, by Virtue of our Commiſſion 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 Day of
November, 1739, in the thirteenth Year of our Reign.
I. HAT it ſhall be lawful for the ſaid Commanders of Merchant
Ships and Veſſels authoriſed by Letters of Marque, or Commiſſions
for private Men of War, to ſet upon by Force of Arms, and fubdue and
take the Men of War, Ships, and other Veſſels whatſoever ; as alſo the Goods,
Monies, and Merchandizes belonging to the King of Spain, his Vaffals and
Subjects, and others inhabiting within any of his Countries, Territories,
and Dominions, and ſuch, other Ships, Veſſels, and Goods, as are, or ſhall
be, liable to Confifcation, purſuant to the Treaties between us and other
Princes, States, and Potentates : But ſo as that no Hoſtility be committed,
nor Prize attacked, ſeized, or taken, within the Harbours of Princes and
States in Amity with us, or in their Rivers or Roads, within Shot of their
Cannon.
hin Shoto
II. That all Ships, of what Nation ſoever, 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, ſhall be ſeized
as Prizes.
III. That the ſaid Commanders of ſuch Merchant Ships and Veffels fhall
bring ſuch Ships and Goods as they have ſeized, or ſhall fo ſeize and take, to
fuch Port of this our Realm of England, or ſome other Port of our Dominions
as Thall be moſt convenient for them, in order to have the ſame legally adjudged
in our High Court of Admiralty of England, or before the Judges of ſuch
other Admiralty Court, as ſhall be lawfully authorized within our Dominions :
But if ſuch 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 fame to
fome Port of England, or other our Dominions, carry ſuch Ship and Goods
into the Ports of ſuch Princes or States as are in Alliance or Amity with us.
IV. That after ſuch Ship ſhall be taken and brought into any Port, the
Taker (hall be obliged to bring or ſend, as ſoon as poſſibly may be, three or
four of the principal of the Company (whereof the Maſter and the Pilot to be
always two) of every Ship fo brought into Port, before the Judge of the Ad-
miralty of England, or his Surrogate, or before the Judge of ſuch other Ad-
miralty Court, within our Dominions, as ſhall be lawfully authoriſed as afore-
faid, or ſuch as ſhall be lawfully commiſſioned in that Behalf, to be ſworn
and examined upon ſuch Interrogatories as thall tend to the Diſcovery of the
Truth, touching the Intereſt or Property of ſuch Ship or Ships, and of the
Goods and Merchandizes found therein: And the Taker ſhall be further
obliged at the Time he produceth the Company to be examined, to bring
and deliver into the Hands of the Judge of the Admiralty of England, his
Surrogate, or the Judge of ſuch other Admiralty Courts within our Domi-
nions, as ſhall be lawfully authorized, or others commiſſioned as
aforeſaid,
all ſuch Paffes, Sea-Briefs, Charter-Parties, Bills of Lading, Cockets, Letters
and other Documents and Writings as ſhall be delivered up, or found on board
any ſuch Ships; the ſaid Taker or one of his chief Officers, who was preſent
and ſaw the ſaid Papers and Writings delivered up, or otherwiſe found on board
at the Time of the Capture, making Oath, that the ſaid Papers and Writings

are
OF PRIVATE ER S.
1
235
Law, in their aidiwar against our declared Enemies.
are brought and delivered in, as they were received or taken without any Fraud,
Addition, Subduction or Embezzlement.
V. That ſuch Ships, Goods, and Merchandizes, taken by Virtue of Letters
of Marque, or Commiſſions for private Men of War, ſhall be kept and pre-
ſerved, and no Part of them ſhall be ſold, ſpoiled, waſted, or diminiſhed,
and that the Bulk thereof ſhall not be broken before Judgement be given in the
High Court of Admiralty of England, or ſome other Court of Admiralty
lawfully authorized in that Behalf, that the Ships, Goods, and Merchandizes
are lawful Prize; and that no Perſon or Perſons, taken or ſurprized in any Ship
or Vefſel as aforeſaid, though known to 'be of the Enemy's Party, ſhall be in
cold Blood killed, maimed, or by Torture or Cruelty inhumanely treated,
contrary to the common Uſage and juſt Permiſſion of War; and whoſoever
Thall offend in any of the Premiſes, ſhall be ſeverely puniſhed.
VI. That the ſaid Commanders of ſuch Merchant Ships and Veſſels, who
ſhall obtain the ſaid Letters of Marque or Commiſſions, as aforeſaid, for pri-
vate Men of War, ſhall not do or attempt any Thing againſt the true Mean-
ing of any Article or Articles, Treaty or Treaties, depending between us and
any ourAllies, touching the Freedom of Commerce in the Time of War, and
the Authority of the Paſſports, or Certificates under a certain Form in ſome
one of the Articles or Treaties ſo depending between us and our Allies, as afore-
ſaid, when produced and ſhewed by any of the Subjects of our faid Allies, and
Thall not do or attempt any Thing againſt our loving Subjects, or the Subjects
of any Prince or State in Amity with us, nor againſt their Ships, Vefſels or
Goods, but only againſt the King of Spain, his Vaſſals and Subjects, and
others inhabiting within his Countries, Territories or Dominions, their Ships
Veffels and Goods, except as before excepted; and againſt ſuch other Ships,
Veſſels and Goods, as are or ſhall be liable to Confiſcation.
VII. That after Condemnation of any Prize, it ſhall or may be lawful for
the Commanders of ſuch Merchant Ships or Veſſels, or the Owners of the ſame,
to keep ſuch and ſo many Ships, Veſſels, Goods, and Merchandizes, as ſhall be
condemned to them, for lawful Prize, in their own Poffefſion, to make Sale
or diſpoſe thereof in open Market, or otherwiſe, to their beſt Advantage, in as
ample Manner as at any Time heretofore has been accuſtomed in Caſes of Let-
ters of Marque, or of juſt Prizes in Time of War; other than Wrought Silks,
Bengals, and Stuffs mixed with Silk or Herba, of the Manufacture of Perha,
China, or Eafl-India, or Callicoes painted, dyed, printed or ſtained there,
which are to be depoſited for Exportation, according to the Directions of an
Act made in the eleventh year of the Reign of the late King William, entitled,
An Act for the more effectual employing the Poor by encouraging the Manufuctures
of this Kingdom : And that it ſhall be lawful for all Manner of Perſons, as well
our Subjects as others, according to Law, to buy the ſaid Ships, Veſſels, Goods,
and Merchandizes, fo taken and condemned for lawful Prize, without
Da
mage or Moleſtation to enſue thereupon to the faid Buyers, or any of them, by
Reaſon of the contracting or dealing for the ſame.
VIII. That if any Ship or Vefſel, belonging to us or our Subjects, or to our
Allies or their Subjects, ſhall be found in Diſtreſs, by being in Fight, ſet upon,
or taken by the Enemy, the Captain, Officers, and Company, who ſhall have
fuch Letters of Marque or Commiſſions as aforeſaid, ſhall uſe their beſt En-
deavours to give Aid and Succour to all ſuch Ship or Ships, and ſhall, to the
utmoſt of their Power, labour to free the fame from the Enemy.
IX. That our ſubjects, and all other Perſons whatſoever, who ſhall either in
their own Perſons ſerve, or bear any Charge, or Adventure, or in any Sort fur-
ther or ſet forward the faid Adventure, according to theſe Articles, ſhall ſtand
and be freed by Virtue of the ſaid Commiſſion, and that no Perſon be in any
wiſe reputed or challenged for an Offender againſt our Laws, but ſhall be freed,
under our Protection, of and from all Trouble and Vexation that might in any
grow thereby, in the ſame Manner as any other our Subjects ought to be by
Wiſe, lawful
4
X. That


any
wiſe
236
OF PRIVATE ERS,
-
X. That the ſaid Commanders of ſuch Merchant Ships and Veſſels, or their
Owners or Agents, before the taking out Commiſſions, ſhall give Notice in
Writing, ſubſcribed with their Hands, to our High Admiral of Great-Britain,
for the Time being, or our Commiſſioners for executing the Office of our High
Admiral, or the Commiſſioners for executing that Office for the Time being,
orthe Lieutenant or Judge of the ſaid High Court of Admiralty, or his Surro-
gate, of the Name of their Ship, and of the Tonnage and Burthen, and the
Names of the Captain, Owners or Setters out of the ſaid Ship, with the Num-
ber of Men, and the Names of the Officers in her, and for what Time they
are victualled, and alſo of their Ordnance, Furniture, and Ammunition, to the
End the ſame may be regiſtered in the ſaid Court of Admiralty.
XI. That thoſe Commanders of ſuch Merchant Ships and Veſſels, who ſhall
have ſuch Letters of Marque, or Commiſſions as aforeſaid, ſhall hold and keep,
and are hereby enjoined to hold and keep, a Correſpondence, by all Conveni-
encies, and upon all Occaſions, ftom Time to Time, with our High Admiral
of Great-Britain for the Time being, or our Commiſſioners for executing the
Office of our High Admiral, or the Commiſſioners for executing that Office for
the Time being, or their Secretary, ſo as, from Time to Time, to render and
give unto him or them, not only an Account or intelligence of their Captures or
Proceedings, by Virtue of ſuch their faid Letters of Marque, or Commiſſions,
as aforeſaid; but alſo, of whatſoever elſe ſhall occur unto them, or be diſcovered
and declared unto them, or found out by them, by Examination of, or Con-
ference with, any Mariners, or Paſſengers of or in the Ships or Veſſels taken,
or by any other Ways or Means whatſoever, touching or concerning the Deſigns
of the Enemy, or any of their Fleets, Ships, Veſſels, or Parties; and of the
Stations, Seas, Ports, and Places, and of their Intents therein ; and of what
Merchant Ships or Veſſels of the Enemy, bound out or home, as they ſhall
hear of; and of what elſe material in theſe Caſes may arrive to their knowledge,
to the End ſuch Courſe may be thereupon taken, and ſuch Orders given, as may
be requiſite.
XII. That no Commander of a Merchant Ship, or Veſſel who ſhall have a
Letter of Marque or Commiſſion as aforeſaid, ſhall prefume, as they will anſwer
it at their Peril, to wear any Jack, Pendant, or any other Enſign or Colour
uſually borne by our Ships, but that, beſides the Colours borne uſually by Mer-
chant Ships, they do wear a red Jack with the Union- Jack, deſcribed in the
Canton at the upper Corner thereof near the Staff; and that one third Part of
the whole Company of every ſuch Ship or Veſſel ſo fitted out as aforeſaid, ſhall
be Land-men.
ti
XIII. That ſuch Commanders of Merchant Ships and Veſſels who ſhall ob-
tain ſuch Letters of Marque or Commiſſions, as aforeſaid, ſhall alſo, from Time
to Time, upon due Notice being given them, obſerve all ſuch other Inſtructions
and Orders as we ſhall think fit to direct, for the better carrying on of this
Service.
XIV. That all Perſons who ſhall violate theſe Inſtructions ſhall be ſeverely
puniſhed, and alſo required to make full Reparation to Perſons injured, contrary
to theſe Inſtructions, for all Damages they ſhall ſuſtain by any Capture, Em
bezzlement, Demurrage or otherwiſe.
XV. That before any ſuch Letters of Marque, or Commiſſions, iſſued under
Seal; Bail, with Sureties, ſhall be given before the Lieutenant and Judge of
our High Court of Admiralty of England, or his Surrogate, in the Sum of three
thouſand Pounds Sterling, if the Ship carries above one hundred and fifty Men;
and, if a lefſer Number, in the Sum of fifteen hundred Pounds Sterling :
Which Bail ſhall be to the Effect, and in the Form following:
WHICH
NHỊCH Day, Time and Place perſonally appeared



who ſubmitting themſelves to the Juriſdiction of the High Court of Admiralty of
5
England
237
de laid
OF PRI V A T E E R S.
England, obliged themſelves, their Heirs, Executors and Adminiſtrators, to our
Sovereign Lord the King, in the Sum of
Pounds of lawful Money of Great-Britain, to this Effect; that is to ſay, That
whereas
is authoriſed by Letters of Marque, or a Commiſſion for a private Man of War,
to arm, equip, and ſet forth to Sea, the Ship called the
of the Burthen of about
Tons, whereof he the ſaid
goeth Captain, with Men, Ordnance, Ammunition and Vic-
tuals, to ſet upon by Force of Arms, and to ſubdue, ſeize, and take the Men of
War, Ships, and other Veſſels whatſoever, together with the Goods, Monies,
and Merchandizes, belonging to the King of Spain, or to any of his Vaffals and
Subjects, or others inhabiting within any of his Countries, Territories, or Do-
minions whatſoever, and ſuch other Ships, Veſſels, and Goods, as are or ſhall be
liable to Confiſcation, excepting only within the Harbours or Roads within
Shot of the Cannon of Princes and States in Amity with his Majeſty. And
vihereas he, the ſaid
has a Copy of certain Inſtructions,
approved of, and paſſed by his Majeſty in Council, delivered to him to govern
himſelf therein, as by the Tenor of the ſaid Commiſſion, and of the Inſtructions
thereto relating, more at large appeareth. If therefore nothing be done by the
ſaid
or any of his Officers, Mariners, or Com-
pany, contrary to the true Meaning of the ſaid Inſtructions, but that the Com-
miſſion aforeſaid, and the faid Inſtructions, ſhall in all Particulars be well and
duly performed and obſerved as far as they ſhall the ſaid Ship, Captain, and
Company, any Way concern: And they, or any of them, ſhall give full Satis-
faction for any Damages or Injury which ſhall be done by them, or any of them,
to any of his Majeſty's Subjects or Allies, or Neuters, or their Subjects: And
alſo ſhall duly and truly pay, or cauſe to be paid, to his Majeſty, or the Cuſto-
mers or Officers appointed to receive the ſame for his Majeſty, the uſual Cuf-
toms due to his Majeſty, of and for all Ships and Goods, ſo as aforeſaid taken
ſhall not take any Ship or Veffel, or any Goods and Merchandiſes belonging to
the Enemy, or otherwiſe liable to confiſcation through Conſent, or clandeſtinely
or by Colluſion, by Virtue, Colour, or Pretence of this ſaid Commiſſion;
that then this Bail ſhall be void, and of none Effect: And unleſs they ſhall
ſo do, they do all hereby ſeverally conſent that Execution ſhall iſſue forth
againſt them, their Heirs, Executors, and Adminiſtrators, Goods and Chat-
tels, whereſoever the ſame ſhall be found, to the Value of the ſaid Sum of
Pounds, before mertioned.
And in Teſtimony of the Truth thereof, they have hereunto ſubſcribed their
Names.
By his Majeſty's Command,

HARRINGTON.
Exam. S. HILI, Regiſter.

An ADDITIONAL INSTRUCTION to all ſuch as kave or ſhall have
Letters of Marque, or Commiſſions
for Private Men of War, in Purſuance of a
Warrant from his Majeſty, dated the ſeventh Day of April, 1743, directed to
the Commifponers for executing the Office of Lord High Admiral of Great-
Britain and Ireland, &c. and of a Warrant in Purſuance thereupon, made by,
the Right Honourable the Lords Commiſoners for executing the Office of Lord
High Admiral of Great-Britnin and Ireland, &c. dated the ninth Day of April,
1743, directed to Sir Henry Penrice, Knight, Judge of the High Court of
Admiralty of England.
HA T all Captains and Commanders of Ships who have, or ſhall have
.: Letters of Marque, or Commiffions for Private Men of War, are hereby
required and enjoined to obſerve carefully and religiouſly the Terms of the
Treaty

TI
3 P
238
PRI V A T E ER S.
OF
Treaty Marine, between his late Majeſty King CHARLES the Second, and
their High Mightineſſes the States General of the United Netherlands, concluded
at London, the firſt of December, 1674, Old Style, and confirmed by ſubſequent
Treaties : And they are hereby required to give Security purſuant to the Tenth
Article of the aforeſaid Treaty Marine, for the due Performance thereof.
Exam. Samuel Hill, Regiſter.
The following are ſuch Articles of Agreement as were commonly entered into
by the Captains of Privateers in the late War and their Crews, which I publiſh
as a Copy for my Readers to have Recourſe to, in Caſes wherein future Rup-
tures may render them uſeful, viz.
RTICLES agreed between Captain A. B. Commander of the Private
A Man of War, called the Terrible (with twenty Guns mounted, carrying
nine Pound Shot, twenty Braſs Patereroes, four Mortars, and ſome Wall-Pieces
manned with two bundred Men, now lying at Church-Hole, deſigned to cruize,
againſt the French and Spaniards) on the one Part, and the ſaid Ship’s Company
on the other, witneſſeth,
1. That the ſaid Captain A. B.' for himſelf, and in Behalf of the Owners of
the ſaid Ship Terrible, ſhall put on board her, great Guns, Swivels, Powder,
Shot, and all other warlike Ammunition neceſſary for them ; as alſo ſmall
Arms, and Proviſions ſufficient for the faid Ship’s Company for a fix Months
Cruize at Sea, from their failing from the Downs, in Conſideration of which,
the Owners or their Aſſigns, ſhall be reimburſed (out of the firſt Prize or Prizes
taken by the ſaid Ship Terrible, before any Dividend is made thereof) the whole
Charge of warlike Stores (great Guns and ſmall Arms excepted) Victualling,
Advance-Money, and the Expences the Owners are at for the Surgeon's Cheſt,
and a Set of Muſick; after which one half of the neat Proceeds of ſuch Prize or
Prizes as ſhall be taken, to be for the Account of the Owners, and at the Dif-
poſition of the Managers; and the other half of ſuch neat Proceeds to the fole
Property of the Ship’s Company; the Captain's Share of which to be 6 (in ſome 8)
per Cent. and the Reſidue to be divided in the Proportions mentioned in the
eleventh Article of theſe Preſents.
2. That for preſerving Decorum on board the ſaid Private Man of War, no
Man is to quit, or go out of her, on board of any other Veſſel or Veſſels, oron
Shore, without Leave obtained of the commanding Officer on board, under the
Penalty of ſuch Puniſhment as ſhall be eſteemed proper by the Captain and
Officers.
3. That it ſhall be entirely in the Captain's Power to ciuize where he ſhall
eſteem moſt beneficial for the Intereſt of the Owners, and Ship’s Company.
(In fome, it is to cruize where the Managers, and in others, where the Owners
Sall direct.)
4. That if any Perſon be found a Ringleader of Mutiny, or cauſing a Diſtur-
bance on board, refuſe to obey the Command of the Captain and Officers, be-
have with Cowardice, or get drunk in Time of Action, he or they ſhall forfeit
his or their Share, to be divided amongſt the Ship’s Company; and be other-
wiſe puniſhed according to Law.
5. That all Clothes, Bedding, Watches, and Rings in wear,Buttons, Buckles,
and what elſe is deemed fmall Plunder by Cuſtom, is to be divided amongſt the
Ship’s Company, according to their ſeveral Stations, the Captain not to interfere
with them; the Cabin Utenſils in preſent Uſe for the Commander.
6. That if any Perſon ſhall ſteal, or convert to his Uſe, any Part of the
Prize or Prizes, or be found pilfering any Money or Goods, and be convicted
thereof, he ſhall forfeit his Share to the Ship and Company.
7. TheCaptain has the Power of taking out of any Prize, or Prizes, whatever
Stores he may judge neceſſary for the Ship Terrible without paying for them;
provided the Prize is not diſabled thereby.
4
8. That
OF PRIVATE E R S.
239
8. That whoſoever firſt ſpies a Sail, which proves to be a Prize, ſhall have
ſeven Pounds (in ſome only one Guinea, in others five) and the firſt Man proved to
board a Prize before ſhe ſtrikes, ſhall have a Gratuity of ten Pounds (in ſome
ten, and in others fifteen Guineas ) for his Bravery, to be deducted out of the
groſs Sum of the Prize.
9. That if any Private Man fhall loſe a Leg, Arm, or Eyes, in Time of
Action, or in the Ship’s Service, he ſhall, beſides the Advantage of Greenwich
Hoſpital, have a Gratuity of 251. and in Proportion to the Oficers, excluſive
of shares (in others only 20l. to a private Man, 5ol. to the Captain, 401. to the
firſt Lieutenant, and 301. to each of the other Lieutenants, Maſter, and Surgeon)
the ſaid Sums to be deducted out of the groſs Sum of the Prize; and in caſe
of Mortality under Cure, the ſaid Gratuity and Shares to be made good to their
Aſſigns.
10. That for the further Encouragement of the ſaid Private Man of War’s
Company, it is agreed, that the chief Oficers ſhall have fix Guineas, the petty
Officers and able Seamen five Guineas, able bodied Landmen three Guineas, and
Boys one Guinea, advanced to them in the Hope (in ſome, the Oficers and Sea-
men have only five Guineas, and the Landmen two.)
11. That the half of the neat Proceeds of all Prizes, taken by the Ship Ter-
rible which is appropriated to the Ship’s Company be divided amongſt them
ia the Manner following, after the Captain's 6 or 8 per Gent. (as ſhall 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 commonly has twelve Shares as follows, viz.
Shares,
Shares.
The Captain
The Caulker
The firſt Lieutenant 5.to. 6 The Maſter at Arms I to
The ſecond Lieutenant
6 The Armourer
The third Lieutenant
5 The Midſhipman, to each i į to
The Maſter
3 to 5 The Quarter Maſters, to each
The firſt Mate
3 4 The Quarter Gunnersto each i to
The ſecond Mate
to 3 The Corporal, to each I to
The Surgeon
4 The Sailmaker
The Surgeon's Mate 2 1 to 3 The Yeoman of the Powder Room 2
The Lieutenant of Marines 3 to 4, The Ship’s Steward
The Gunner
3 The Captain's Ditto
플
​The Gunner's Mates, to each 2. The Maſter of Languages
The Carpenter
3 The Captain's Clerk
The Carpenter's Mates, to each The Ship’s Cook
The Boatſwain
3 The Captain's Ditto
I 3
The Boatſwain's Mates, to each The able Seamen, to each to
The Purſer
3
The able Landmen, to each
The Cooper
Ito
The Sea Boys, to each
The Muſick, to each of them
The Land Boys, to each
I 2
to
I
41
3.
to
I
to
2
NININ N wel wat

2
I
3 to
I
I
I
2
2
I i to
2

2
I
for
2
11
or
4 to
2
12. That on the Death of the Captain, the Command do devolve on the next
Officer, and ſo on in Rotation ; and for the Encouragement of the able Seamen,
and others, on the Loſs of Officers, they are to be replaced out of the Ship’s
Company, according to their gallant Behaviour, as the Captain ſhall appoint.
13. That whoever deſerts the ſaid Ship Terrible, within the Time here under
mentioned, ſhall forfeit his Prize Money to the Owners and Company, to enable
them to procure others in their Room.
14. All and every one on board, does covenant and agree to ſerve on board the
ſaid 'Ship Terrible, the Term of fix Months, beginning at the ſaid Ship’s De-
parture from the Downs.
Om Ni si sordon osobis
15. And laſtly, for the true Performance of all, and every the aforementioned
Covenants and Agreements, each and every of the ſaid Parties, do bind them-
ſelves, their Heirs, Executors, and Adminiſtrators, in the penal Sum of five
bundred Pounds, lawful Money of Great Britain, firmly by theſe Preſents :

In
240
OF PRI V A T E E R $.
Day of
de la France & d'Espagne, ayant
În Witneſs whereof the ſaid Parties to theſe Preſents have hereunto ſeverally
ſet their Hands and Seals, the
in the Year of our Lord 1746, and the Twentieth Year of the Reign of our
Sovereign Lord King George the Second.
The wording of Ranſom Bills has been various, though the Subſtance the
fame; I have therefore only added here the Form of one, which I give my
Reader, both in French and Engliſh, as they are commonly printed for Priva-
teers to carry with them.
I
Yohn Stout, Commander of the private Ship of War, called the Succeſs, by
Virtue of his Britannick Majeſty's Commiſſion, dated at London, the Twenty-
fourth Day of Auguſt, 1746, to ſeize all Subjects and Vaffals, Ships, Goods,
Monies and Effects whatſoever, of the French King, and King of Spain, having
taken a Ship or Veſſel called the Malheureux of Nantes, whereof John Martel
was Commander, Burthen about two Hundred Tons, bound from the ſaid Port
to Cadiz, under French Colours, laden with Wheat, in the Latitude of
and
Longitude from London, the ſaid
Ship and Cargo, belonging to Meffrs. La Bourdonage & Comp. of Nantes, Sub-
jects of the French King, which Ship and Wheat I have agreed to ranſom for one
Thouſand eight Hundred Pounds Sterling, to be paid in London, within two
Months from the Date hereof, to the Order of Mr. James Fillpurſe ; In Con-
fideration whereof, I have ſet the ſaid Ship and Cargo at Liberty, to proceed for
the ſaid Port of Cadiz, where ſhe ſhall be obliged to arrive within the Space of
thirty Days from the Date hereof, after the Expiration of which Time, this
Agreement ſhall not warrant her from being taken again by any Engliſh Ship of
War, or Privateer; for the true Payment of which Ranſom, I have received as
Hoſtage, Mr. Thomas Lecroy, belonging to the ſaid Ship, who is not to be ſet
at Liberty until the ſaid Ranſom be fully and truly paid, as abovementioned ; I
therefore pray, and deſire all Friends and Allies, to ſuffer the ſaid Ship Malheu-
reux, to país, and proceed to the ſaid Port of Cadiz, without any Lett or
Moleſtation within the ſaid covenanted Time. And I the ſaid John Martel,
Commander of the ſaid Ship the Malheureux, as well in my own Name, as in the
Name of the aforeſaid Meſſrs. La Bourdonage & Comp. Owners of the ſaid Ship
and Cargo, have voluntarily ſubmitted myſelf to the Payment of the ſaid Ran-
ſom of one Thouſand eight Hundred Pounds Sterling, in London, as aforeſaid;
for which I have given the ſaid Mr Thomas Lecroy for Hoſtage (who, upon
Payment of the ſaid Sum as agreed, ſhall be immediately releaſed and fet free,
and at full Liberty to return to his own Country, or whereſoever he ſhall think
proper) hereby promiſing not to act contrary to the Conditions of this Agree-
ment, whereunto we have (with the ſaid Hoſtage) interchangeably ſet our
Hands, on board the ſaid private Ship of War, this third Day of September,
1746.
John Stout.
Signed and delivered in the Preſence of
Yohn Martel.
A. B.
E. F.
Thomas Lecroy.
C. D. G. H.
In French. tiets oj DTODOS
3210 1979
JE
E Jean Stout, Commandant de ¥ Armateur nommé le Saccés, en Vertu
d'une Commiſſion, d'une Lettre de Marque de la Majeſté Britannique, figné à
Londres le Vingt Quatriéme Jour du Mois de Août, de l' An{1746, pour prendre
ſaiſi ſur, & pris, le Vaiſſeau nommé le Malheureux de Nantes, ſous le Comman
dement de Monf. Jean Martel, autour du Deux cente Toneaux de Port, verfant
du dit Port, & deſtiné pour celle-la de Cadix, fous Pavillon Francoist charge
de Blé, dans la Latitudeide. 103 silinub.
0009
ouis.di miont com
Longitude de Londres, le dit Vaiffeau & Capgaiſon'appartenant a Melitis. sta
Bourdonage


the

& 100
I
OF PIRAT E S.
241
Bourdonage & Comp. de Nantes, Sujets du Roy François, lequel Vaiſſeau & Blé
je ſuis convenu de rançonner; moyennant la Somme de Mille & Huit Cent
Livres Sterlines, que doit être payée à Londres dans deux Mois du Date de ceci, à
l'Ordre du Monf. Jaques Fillpurſe; & en Conſideration du dit Somme, j'ai relaché
& remis le dit Vaiſſeau & Cargaiſon en Liberté pour aller au dit Port de Cadiz,
où il ſera tenu de ſe rendre dans le Tems & Eſpace de Trente Jours du Date de
celle-ci, après l'Expiration du quel Tems le préſent Triaté ne pourra le garan-
tir d'être arrêté & pris par aucun Vaiſſeau de Guerre ou Armateur. Pour Sureté
de la quelle Rançon, j'ai reçu en Otage Monf: Thomas Lecroy, appartenant au
dit Vaiſſeau, qui ne doit être relaché, qu'après le Payement de la dite Rançon :
Donc je prie & ſupplie a tous Amis & Allież de laiſſer paſſer le dit Vaiſſeau le
Malheureux ſurement & librement pour aller au dit Port de Cadiz, fans
aucun Trouble ou Empêchement quelconque, pendant le dit Tems ftipulé &
convenu. Et je, le dit Jean Martel, Maître du dit Vaiſſeau le Malheureux, tant
en mon Nom, comme en celui de les ſuſdits Meſſrs. La Bourdonage & Comp.
Propriétaires du dit Vaiſſeau & Charge; me ſuis voluntairement foûmis au Paye-
ment de la dite Rançon, de Mil & Huit Cent Livres Sterlines dans la Ville de
Londres, comme ſudit; pour Sureté de laquelle j'ai donné en Otage le dit Monf.
Thomas Lecroy (qui immediatement après le Payement du dit Somme convenu,
ſera relach é & mis en entiere & pleine Liberté de retourner dans ſon Païs, ou
partout où il trouvera a-propos) promettant de ne point contrevenir aux Condi-
tions du préſent Traité; dont nous avons (avec le dit Otage) reciprocamment
fignè, abord du dit Armateur, ce troiheme Jour du Septembre de 1746.
Of Pirates or Sea Rovers.
Belli & Pacis
A
PIRATE is a Sea Thief, or an Enemy to human Kind, who aims at en-
riching himſelf by marine Robberies, committed either by Force, Fraud,
or Suprize, on Merchants or other Traders at Sea, and the Hiſtories of them are
filled with the Barbarities they have committed on ſuch Occaſions, and the
ſevere Uſage they have given to thoſe who have been ſo unhappy as to fall into
their Hands.
They confine theinſelves to no Place, nor have any ſettled Reſidence, but are
Rovers at large, tho' they generally cruize where moſt likely to meet with Prey,
and in Part, where they have the greateſt Probability of finding Supplies, and
which afford the beſt Ports for their Safety: And as all theſe Circumſtances
unite in America, that Part of the World has been moſt peſtered with them;
and they being Enemies to all, all ought to be Enemies to them, and no Faith
is to be kept with Villains, who deſpiſe both the Laws of God and Man ; they
juſtly forfeit the Protection of their naturalSovereign, and any Prince hath Power
to make War againſt and deſtroy them, tho'not Subjects to his Governinent.
Pirates, though called Enemies, are yet improperly termed ſo, as they are no
Grot. de Jure
Commonwealth, nor live by ſettled Laws; but Rules founded on Iniquity, and Lib. c. Cap.
which they frequently break through, to the Deſtruction of one another; that 20. S. 40.
Superiority which they aſſign to ſome among them, tho' neceſſary to their wicked
Union is oftentimes changed, as Humour and Caprice directs; and the ſtrongeſt
or moſt profligate becomes a Chief by mutual Conſent; and as no Community
can ſubfilt without ſome Sort of Government, ſo theſe make a Shew and Profeſ
fion of one, do ſometimes comply with Agreements made, more eſpecially with
thoſe who ſupply them with Neceſſaries, though this may reaſonably be ſuppoſed
to proceed more from the Motives of Self-Preſervation, than from any Intention
of doing Right, or Juſtice to thoſe iniquitousPerſons, who carry on ſuch a villain-
ous and contraband Trade: It is true, all are not equally bad; for we have heard
of fome, who have governed with more Moderation, and not entirely ſhook off
Humanity as the Generality of them have; but even the beſt of them are offen-
five tɔ the fair Trader, and by commencing Pirates, they become obnoxious to
thoſe Laws which otherwiſe were made to protect them.
There are, however, Inſtances, where Succeſs has made a Company of them

3 Q
fo
242
OF PIRAT E S.
mond, 933.
ſo powerful as to induce them to ſettle, and form themſelves into a Common-
wealth; it was to this, that Algiers, Tripoli, and Tunisowe their Eſtabliſhment,
and which they have ſupported for many Years, tho' they really ſtill ſubfift by
their quondam Profeſſion, or what is very like it; and only obſerve the Treaties
made with them, ſo long as the Rabble will permit, and it ſuits their Con-
veniency; yet they avoid quarrelling with all the European States at once, but
take them by a ſort of Rotation, and plunder from them what they can, one after
another, for which they ſometimes ſmart, tho'too ſeldom ; however, ſince their
becoming a State, and profeſſing Allegiance to the Grand Signor, Princes have
thought proper to treat with them, and to admit their Ambaſſadors on the ſame
Footing as thoſe from other Potentates, with Reſpect to their Immunities and
Privileges.
Tho' it is undoubtedly both for the Honour and Intereſt of all Princes to ſup-
preſs Pirates, and not ſuffer them by any Means to find Shelter or Refuge in any
Part of their Dominions, but on the contrary to arm againſt them, and provide
ſuch Remedies as may reſtrain their Progreſs, which our
Kings have always done,
tho’ it is dubious whether obliged thereto by the civil or common Law of this
Kingdom.
Lord Ray-
If a Maſter of a Ship, after making the beſt. Defence he could, is taken by a
Pirate, and for the Redemption of his Ship and Cargo, willingly ſubmits to
become a Slave to his Captors, the ſaid Ship and Cargo are, by the Law Marine,
tacitly obliged to contribute to the obtaining his Freedom; but if a Pirate by
feigning himſelf diſtreſſed, with the uſual Signals, or pretends to be ſtranded,
leaky, or in any other Danger, fhall, by theſe Means, allure the Maſter to vary
his Courſe in order to afford his Affiſtance, and ſo he falls into the Trap the Pirate
Ditto, 934. has laid for him, although he frees the Veſſel and her Loading by remaining a
Slave, they are no Ways obligated to contribute to his Redemption, as his Cap-
ture was occaſioned by his own Folly in being ſo decoyed.
A Ranſom promiſed to a Pirate is not binding by the Civil Law, therefore
no Wrong is created by not complying with it; and the Reaſon is, that the Law
of Arms is not communicated to ſuch, neither are they capable of enjoying that
Privilege, which lawful Enemies may challenge, in the Caption of another :
however, this hath its Limits ; for a Pirate may have a lawful Poſſeſſion, which
Molloyde Jure he cannot be denied claiming at Law, if Injury or Wrong be done him, and
this is in Conſequence of his taking a legal Courſe, for by that he ſubmits to
the Magiſtrate, and pays Obedience to the Laws in his demanding Juſtice.
If a Pirate attacks and takes a Merchant Ship, and afterwards redeems her, on
the Maſter's ſwearing to pay him a certain Sum, at a Time and Place agreed
on ; if he does not comply with his Oath, he is fuppofed by ſome not to be
guilty of Perjury, as a Pirate is not a determinate, but a common Enemy, and
with whom they think neither Faith nor Oath is to be kept; others pretend no-
thing can free him from a Compliance with his Vow, as it is not Men only that
are concerned in it, but God alſo, who is certainly no Friend to Perjury. How-
ever, with humble Submiſſion to better Judgements, I think ſome Diſtinction
ought to be made in concurring Circumſtances; for ſuppoſe either at Sea or Land
a Robber claps a Piſtol to the Breaſt of the Perſon he has ſeized, and makes him
ſwear to do ſuch Things as he cannot perform without great Prejudice to him-
ſelf and his Dependents, as the Payment of a Sum of Money, which may diſ-
treſs his Circumſtances, and ruin his Family; I ſay, in ſuch a Caſe, or other
fimilar ones, I believe no one will pronounce the Oath to be binding, which the
Terrors of a threatning Enemy had forcibly drawn from him that made it.
An Engliſhman committing Piracy on the Subjects of any Prince or State, in
Amity with the Crown of England, is within the Statute of 28 Hen. VIII. and
ſo it was held where one Winterſon, Smith, and others, had robbed a Ship of
one Maturine Guatier, belonging to, and bound from Bourdeaux, with Wines
for England, and the ſame was Felony by the Law Marine, and the Parties were
convicted accordingly.
And ſo if the Subject of any other Nation or Kingdom, being in Amity with
the King of England, commit Piracy on the Ships or Goods of the Engliſh, the
fame is Felony, and puniſhable by Virtue of the above Act: And it was ſo
adjudged,
Mar. P. 60.
S.

Rot. Adm.
28 Eliz. m.
14.

I
OF PIRAT E S.
243
28 Eliz. in.
24.
S, 10.
adjudged, where one Careleſs, Captain of a French Man of War, and divers Rot. Adm.
others attacked four Merchanë Ships, going from the Port of Briſtol to Caermar-
then, and robbed them of about 1000l. for which he and theReſt were arraigned,
and found guilty of the Piracy,
But before the 25th of Edw. III. if the Subjects of a foreign Nation, and
ſome Engliſh, had combined in the committing of Piracy, it would have been
Treaſon in the Engliſh, and Felony in the Foreigners, an Inſtance of which is
quoted by Shard, where a Norman being Commander of a Ship, had, together 42 Alije pla-
with ſome Engliſh, committed Robberies on the Sea, and being taken and tried, Sharda
they were found guilty, the Norman of Felony, and the Engliſh of Treaſon, Vida 2 Hen.v.
who accordingly were drawn and hanged. But at this Day, by the Laws Marine, Cap. 6.
they would both receive Judgement as Felons without Diſtinction.
If the Subjects of a Prince at Enmity with the Crown of England, ſhall fail,
aboard an Engliſh Pirate, with other Engliſh, and then a Robbery is committed
by them, and they are afterwards taken, it is without doubt Felony in the
Engliſh, but not in the Foreigners, for they cannot be tried by Virtue of the
Commiſſion upon the Statute, for it was no Piracy in them, but the Depre-Molloyde Jure.
dation of an Enemy, for which they ſhall receive a Trial by Martial Law, and Mar. P. 61.
Judgement accordingly.
Piracies committed in the Britiſh Seas, by the Subjects of any Power in Amity Selden Mare
with the Crown of England, are properly puniſhable by this Crown only; and Clauſ. Lib.i.
Cap. 27
if 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
Grot. de Jure
Port of this Kingdom, the Frenchman may proceed Criminaliter againſt the Belliacpacis,
Spaniard to puniſh him, and Civiliter, to have Reſtitution of his Veffel, but if C. 9. S. 16.
the Veſſel is carried Infra Præfidia* of that Prince, by whoſe Subject the ſame
was taken, there can be no Proceedings Civiliter, and doubted if Criminaliter,
but the Frenchman muſt reſort 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 Molloyde Jure
Captors may immediately punish them with Death, and not be obliged to bring 5.11z.
them into any Port, provided this occurs in Places where no legal Judgement
can be obtained.
And therefore if a Ship ſhould be on a Voyage to America, or on a Diſcovery Ditto.
of thoſe Parts ſtill unknown to us, and in her Way be attacked by a Pirate, whom
ſhe fortunately overcomes, in this caſe, by the Laws Marine, the Vefſel becomes
the Captors Property, and the Pirates may be immediately executed without
the Solemnity of Condemnation.
So likewiſe if a Ship be aſſaulted by Pirates, and in the Attempt they are Molloyde Jure
fubdued and-taken, and carried into the next Port, if the Judge openly rejects Mar. P. 62.
their Trial, or the Captors cannot wait till Judgement Thall be given, without
certain Peril and Loſs, they may do Juſtice on them themſelves, without fur-
ther Delay or Attendance.
If a Pirate at Sea attacks a Ship, and in the Engagement kills a Perſon in het,
though he has not ſucceeded in taking her, the Pirates are all Principals in the
Murder, if the Common Law hath Juriſdiction of the Cauſe ; but by the Law
Marine, they only who gave the Wound ſhall be Principals, if they can be Rot. Admir.
known, and the reſt Acceſſaries ; and where they have Cognizance of the Prin- 28 Eliz. m.
cipal, the Courts at Common Law will ſend them their Acceſſary, if he comes
before them.
A Dutchman, naturalized bythe Duke of Savoy, and living at Villa Franca in YelvertonFol.
his Dominions, procures a Commiſſion from the States of Holland, and coming 134, 135.
to Leghorn, there rid with the Colours and Enſigns of the Duke of Savoy; the
Engliſh Ship Diamond, being then in Port, took in her Loading, and proceeded
on he? Voyage, in which ſhe was ſurpriſed and taken by that Caper, and carried
into Villa Franca, and there condemned and ſold, but afterwards returning to
England, the original Proprietors, having Notice of it, made a Seizure; and
upon Trial, Adjudication paſſed for them; for though the Ship of War and
Captors were of Savoy, and carried their Prize thither, yet being taken by
* March's Rep. 110.
Mar. P. 62.

S. 13•

24

Virtue
244
OF PIR A T E S.
S.
15 and 16.
32.
44 Edw. III.
L. 2.
Virtue of a Dutch Commiſſion, according to the Law Marine ſhe muſt be car.
ried Infra Præfidia of that Prince or State, by Virtue of whoſe Commiſſion ſhe
was taken; nor does ſuch carrying of the Enſigns or Colours of the Duke of
Savoy, who was then in Amity with the Crown of England, nor the Com-
mander's being a Subject of that Prince, make him a Pirate, or ſubject him, or
thoſe to whom the Intereſt of the Prize was transferred, any ways to be queſtioned
for the ſame Criminaliter; for that the Original Quoad, the Taking was law-
Grotius Lib. ful*, as one Enemy might take from another, but Civiliter, the fame might be,
3. Cap. 9.
for that the Captor had not entitled himſelf to a firm Poffefſion.
And therefore in all Caſes where a Ship is taken by Letters of Marque or
Piracy, if the ſame is not carried Infra Præſidia of that Prince or State, by whoſe
Subject the ſame was taken, the Owners are not diveſted of their Property, but
may reſeize whereſoever they meet with it. Mich. 8 Jac, in B. R. Brownlow,
2 Part. Weſton's C.
C. 2Inſt. 109. If a Pirate attacks a Ship, and only takes away ſome of her Men with an In-
Lib. 8. Fol. tention to ſell them for Slaves, this is Piracy by the Law Marine ; and if a Bale
or Pack of Merchandize be delivered to a Maſter to carry abroad to a certain
Port, and he goes away with it to another, and there ſells or diſpoſes of itt, this
is no Felony ; but if he opens the Bale or Pack, and takes any thing out, animo
furandi, this Act may amount to ſuch a Larceny, as he may be indicted for in
the Admiralty, though it does not amount to a Repriſalia ; yet if the ſaid Maſter
ſhould carry the Lading of this Ship to the Port appointed, and after retake the
whole Pack or Bale back again, this may amount to a Piracy; for he being in
the Nature of a common Carrier, the Delivery had taken its Effect, and the
Privity of the Bailment is determined.
In Caſe a Ship ſhall be attacked by a Pirate, and the Maſter for her Redemp-
14. 4 Hen IV• tion ſhall give his Oath to pay a Sum certain ; though there be no Taking, yet
- 2. S. ad Leg.
Rhod.de Jaci.
is the ſame Piracy by the Law Marine; but by the Common Law there muſt be an
actua Taking, though it be but to the Value of a Penny, in the ſame Manner
as it is in a Robbery on the Highway,
14 Edw. III.
And if a Ship ſhall be riding at Anchor with Part of the Mariners in her Boat,
and the reſt on Shore, fo that none remain in the Ship, yet if the be attacked
and robbed, the fame is Piracy.
Trin. 7 Jac. A Merchant who has procured Letters of Marque or Repriſe, and delivered
Roll's Abrig.
the Commiſſion to others to endeavour a Satisfaction ; if thoſe ſo commiſſioned
comınit Piracy, the Veſſel is certainly forfeited; but the Merchant is no ways
Moor's Rep. liable to make Satisfaction ; for though the ſuperior by the Civil Law is anſwer-
776.
able for the Actions of his Servants, yet as this queſtion muſt be decided by the
Law of Nations (in Virtue of which ſuch Commiſſions are awarded or granted)
the Merchant by it will be exempted from anſwering for the Behaviour of thoſe
he commiſſioned, unleſs it can be proved he foreknew that they would commit
ſuch a Piracy, or Spoliation, or that he had any Way abetted or conſented to
the ſame, by which the Right may be forfeited, and the Civil Law let in, to
acquire Satisfaction.
If Goods are taken by a Pirate from one Ship, and he afterwards attacks an-
other, by whom he is ſubdued, he thereby becomes, according to the Lari
Marine, an abſolute Prize to the Captor after a legal Condemnation. And,
3 Bul.28, 29.
By the Statue of 27 Edw. III. Cap. 13. if a Merchant loſe his Goods at Sea
March. 116. by Piracy or Tempeſt (not being wrecked) and they afterwards come to Land;
if he can make Proof they are his Goods, they ſhall be reſtored to him in Places
guildable, by the King's Officers and fix Men of the Country; and in other
Places, by the Lords of them, or their Officers, with fix Men of the Country,
If a Pirate takes Goods at Sea and ſells them, the Property is not thereby changed,
no more than if a Land Thief ſteals, and ſells them.
This Law hath a greatAfinity with that of the Roman, called de Uſu Captione,
Barber'sCafe
. or the Atinian Law; as Atinius therein enacted, that the Plea of Preſcription,
or long Poffefſion, ſhould not avail in Things that had been ſtolen, but the In-
L. 1. c. 11. tereſt which the right Owners had ſhould remain perpetually.
5
Though
3. Bul Frode 28. 1 F. Nautæ Cap. L. 1. S. 3. Stab. Glanvil, Lib. 10. C. 137 13 Edward IV.
115
in B. R.
530.

db. 193.
Sigonius de
jure Rom.
OF PIRAT E S.
245
-
C. 9. S. 16.
of Hildebrand
S. 24:
7. 4. S. 1.
Though it is held by the Common Law of England, that if a Man commit Bingley's Cafe
Piracy upon the Subjects of another Prince (though in League with us) and Rol's Abrid
brings the Goods into England, and ſells them in a Market overt, the ſame ſhall c. 4.
bind, and the Owners are for ever excluded; and if they ſhould endeavour in Groi
. L. 3.
the Admiralty to diſpute the Property in order to Reſtitution, they will be
prohibited.
A Ship which belonged to ſeveral Owners was ſent to the Indies on a trading : RollsRep:
285.TheCaſe
Voyage, and upon the high Sea the Mariners committed Piracy, for which, on
her Return to the River Thames, the Admiral ſeized her as Bona Pyratarum ; and Al.
but the Merchants her Owners took the Sails and Tackle out of her, and there
was a Decree, that the Admiral ſhall not have the Goods ſtolen from other Men,
but the Owners ſhall have them.
It appears by the Preamble to the Statute of 28 Hen. VIII. Cap. 15. that this Molloydejure
Offence was not puniſhable by the Common Law, but the ſame was determi- Mar. F. 67.
ned and judged by the Admiral, after the Courſe of the Civil Law; but by Force
of the faid Act the ſame is enquired of, heard, and determined, according to
the Courſe of the Common Law, as if the Offence had been committed on Land.
But by Lord Hale*, the Court of King's Bench had certainly a concurrent
Juriſdiction with the Admiralty, in Caſes of Felony committed upon the Narrow
Seas, or Coaſt, though it were High Sea, becauſe within the King's Realm of
England : But this Juriſdiction of the Common Law Courts was interrupted by
a ſpecial Order of the King and Council, 35 Edw III, and ſince the 38 Edw. III.
it does not appear that the Common Law Courts take Cognizance of Crimes
committed upon the High Seas.
And for the Trial of Piracy, and to determine what Actions come under this
Denomination, as alſo to encourage the Suppreſſion of it, the following Acts
have been made, viz.
All Offences of Piracy, Robbery, and Murder, done upon the Sea, or in any 27 Hen.VIII
Haven, River, or Creek, where the Admirals pretend to have Juriſdiction, ſhall c.
be inquired into, tried, heard, and determined, in ſuch Places in this Realm, as
ſhall be limited by the King's Commiſſion, as if ſuch Offences had been done
upon Land; and ſuch Commiſſions ſhall be under the great Seal, directed to the
Lord Admiral, or his Lieutenant or Deputies, and other Perſons named by the
Lord Chancellor, to hear and determine ſuch Offences after the common Courſe
of Law, uſed for Felonies committed within the Realm.
The remaining Sections of this Axt are omitted, becauſe the Axt is amended and
re-enacted 28 Hen. VIII. Cap. 15. which follows.
All Treaſons, Felonies, Robberies, Murders, and Confederacies, committed 28 Hen. Vift.
upon the Sea, or in any Haven, River, Creek, or Place, where the Admirals
have, or pretend to have Power or Juriſdiction, Ihall be enquired, heard, and
determined in ſuch Shires and Places in this Realm, as ſhall be limited by the
King's Commiſſion, as if ſuch Offences had been committed upon Land, and
ſuch Commiſſion ſhall be under the Great Seal, directed to the Adinirals, &c.
and to three or four ſuch other Perſons as Mall be named by the Lord Chancellor,
after the common Courſe of the Law uſed for Treaſon, Felonies, &c.committed
upon Land, within this Realm.
Such Perfons to whom ſuch Commiſſions ſhall be directed, or four of them, S. 2.
ſhall have power to enquire of ſuch Offences by the Oaths of twelve lawful
Inhabitants in the Shire limited in their Commiſſion, as if ſuch Offences had
been committed upon Land within the Shire; and every Indictment found be-
fore ſuch Commiſſioners, of any Treaſons, Felonies, or ſuch other Offences
committed upon the Seas, or in any Haven, River, or Creek, ſhall be good in
Law; and ſuch Proceſs, Judgement, and Execution, ſhall be had againſt every
Perſon ſo indicted, as for Treaſon, Felony, or other ſuch Offences done upon
Land; and the Trial of ſuch Offences ſhall be by twelve Men, inhabiting in
the Shire limited within ſuch Commiſſion, and no Challenge to be had for the
Hundred; and ſuch as thall be convicted of any ſuch Offences ſhall ſuffer ſuch
Pains of Death, Loflès of Land and Goods, as if they had been convicted of the
fame Offences done upon Land.
3 R
For
Hiſt, Pl. Cr. Vol. II. P. 14, 155
C, 15.
S. I
246
OF PIRAT E S.
S. 32
S, 4.
S. 5.
$. 6.
I and 12
Will. III. C.
7. S. 1.
For Treaſon, Robberies, Felonies, Murders, and Confederacies, done
upon
the Sea, or in any Place above rehearſed, the Offenders ſhall not have Benefit of
Clergy.
This Act ſhall not extend to any Perſon for taking any Victuals, Cables, Ropes,
Anchors, or Sails, which ſuch Perſon (compelled by Neceſſity) taketh of any
Ship which may ſpare the ſame fo the Perſon pay for the ſame, Money or
Money-worth, or deliver a Bill obligatory to be paid, if the taking be on this
Side the Straits of Marrock , to be paid within four Months; and if it be beyond
the ſaid Straits, to be paid within twelve Months; and that the Makers of ſuch
Bills
pay the ſame at the Day limited.
When any ſuch Commiſſion ſhall be directed to any place within the Juriſ-
diction of the five Ports, ſuch Commiſſion ſhall be directed to the Lord Warden
of the Ports, or his Deputy, and three or four ſuch other Perſons as the Lord
Chancellor ſhall name.
Whenſoever any Commiſſion ſhall be directed unto the five Ports, for the
Inquiſition and Trial of any of the Offences expreſſed in this Act, ſuch Inqui-
fition and Trial ſhall be had by the Inhabitants in the five Ports, or the Members
of the ſame.
It is ordained, that all the Piracies, Felonies, and Robberies, committed
upon the Sea, or in any Haven, River, Creek, or Place, where the Admirals
have Power or Juriſdiction, may be tried at Sea, or upon the Land, in any of
his Majeſty's Illands, Plantations, Colonies, &c. appointed for that Purpoſe by
Commiffion under the great Seal of England, or the Seal of the Admiralty, direct-
ed to ſuch Commiſſioners as his Majeſty ſhall think fit, who may commit ſuch
Offenders, and call a Court of Admiralty thereupon, to conſiſt of ſeven Perſons
at the leaſt.
And for want of ſeven, then any three of the Commiſſioners may call others, as
therein is mentioned*, and the Perſons ſo aſſembled may proceed according to
the Courſe of the Admiralty to iſſue out Warrants for bringing Perſons accuſed of
Piracy or Robbery before them to be tried, and to ſummon Witneſſes, and take
Examinations, and do all Things neceſſary for the Hearing and final Determina-
tion of any Caſe of Piracy, c. and to give Sentence of Death, and
award
Execution of the Offenders, who ſhall thereupon ſuffer Loſs of Lands, Goods,
and Chattels.
So ſoon as any Court ſhall be aſſembled, the King's Commiſſion ſhall be read
and the Court ſhall be proclaimed. and then the Preſident of the Court ſhall take
the following Oath, viz.
A. B. do ſwear in the Preſence of Almighty God, that I will truly and impar-
tially try and adjudge the Priſoner or Priſoners, which ſhall be brought upon bis,
or their Trials before this Court, and honeſtly and duly on my Part, put bis Majeſty's
Commiſion for the trying of them in Execution, according to the beſt of my Skill and
Knowledge; and that i have no Intereſt, dire&tly or indirectly, in any Ship or Goods,
for the piratically taking of which, any Perfon ſtands accuſed, and is now to be
tried. So help me God.

S. 2, 3.
*S. 4•
S. 5.
I

And he having taken this Oath, ſhall adminiſter the ſame to every Perſon,
who ſhall fit and have Voice in the Court, and thereupon the Priſoners ſhall be
brought before them; and then the Regiſter ſhall read the Articles againſt ſuch
Priſoners, wherein ſhall be ſet forth the particular Facts of Piracy, Robbery,
and Felony, with the Time and Place, and in what Manner it was committed ;
and each Priſoner ſhall be aſked, whether he be guilty or not guilty; where-
upon he shall immediately plead guilty or not guilty, or elſe it ſhall be taken as
confeſſed; and if any Priſoner thail plead not guilty, Witneſſes ſhall be
pro-
duced by the Regiſter, and ſworn and examined in the Priſoner's Preſence; and
after a Witneſs hath anſwered all the Queſtions propoſed by the Preſidet
, and
given his Evidence, it ſhall be lawful for the Priſoner to have the Witneſ croſs-
examined, declaring to the Court what Queſtions he would have aſked, and the
Preſident or the Court ſhall interrogate the Witneſs accordingly; and every
Priſoner
OF PIRA TE S.
247

".
Priſoner ſhall have Liberty to bring Witneſſes for his Defence, who ſhall be
ſworn and examined, and afterwards the Priſoner ſhall be heard for himſelf;
which being done the Priſoner ſhall be taken away, and all other Perſons,
except the Regiſter, ſhall withdraw; and the Court ſhall conſider of the Evi-
dence; and the Preſident ſhall collect the Votes of the Court, beginning at the
Junior, and ending with himſelf; and according to Plurality of Voices, Sentence
thall be given, and pronounced publickly in the Preſence of the Priſoner, being
called in again; and according to ſuch Sentence, the Perſons attainted ſhall be
put to Death in ſuch Manner, and in ſuch Place upon the Sea, or within the
Ebbing or Flowing thereof, as the Preſident, or the major part of the Court, by
Warrant directed to a Provoſt-Marſhal (which they ſhall have Power to conſti-
tute) thall appoint.
Some publick Notary ſhall be Regiſter of the Court; and in caſe of his s. 6.
Abſence, Death, or Incapacity, or for Want of a Perſon ſo qualified, the Pre-
fident ſhall appoint a Regiſter, giving him an Oath, duly, faithfully, and im-
partially to execute his Office; which Regiſter ſhall prepare all Warrants and
Articles, and provide all Things requiſite for any Trial, according to the ſub-
ſtantial, and eſſential Parts of Proceeding in a Court of Admiralty in the moſt
ſummary Way; and ſhall make Minutes of the Proceedings, and enter them in
a Book; and ſhall tranſmit the ſame, with the Copies of all Articles and Judge-
ments, unto the High Court of Admiralty of England.
If any of his Majeſty's Ships ſhall commit Piracy, or Robbery, or any Act s. 7.
of Hoftility againſt others his Majeſty's Subjects upon the Sea, under Colour of
any Commiſſion from any foreign State, or Authority from any Perſon what-
ſoever, ſuch Offenders, and every of them, ſhall be adjudged Pirates, Felons,
and Robbers; and being convicted according to this Act, or 28 Hen. VIII.
Cap. 15. ſhall ſuffer Pains of Death, and Loſs of Lands and Goods.
If any Commander of a Ship, or any Mariner, ſhall in any place where the S-8•
Admiral hath Juriſdiction, betray his Truſt, and turn Pirate, Enemy, or Rebel,
and piratically and feloniouſly run away with the Ship, or any Boat, Ordnance,
Ammunition, or Goods, or yield them up voluntarily to any Pirate, or ſhall
bring any ſeducing Meſſages from any Pirate, Enemy, or Rebel; or conſult,
or confederate with, or attempt to corrupt any Commander, Officer, or Mariner,
to yield up, or run away with any Ship or Goods, or turn Pirate, or go over to
Pirates, or if any Perſon ſhall lay violent Hands on his Commander, to hinder
him from fighting in Defence of his Ship and Goods, or confine his Maſter, or
endeavour to make a Revolt in the Ship, he ſhall be adjudged a Pirate, Felon,
and Robber, and being convicted, according to this Act, ſhall ſuffer Death, and
Loſs of Lands and Goods.
All Perſons who ſhall, either on Land or upon the Seas, knowingly ſet forth S.9.
any Pirate, or affift, or maintain, procure, command, counſel, or advice, any
Perſon to commit any Piracies or Robberies, upon the Seas, and ſuch Perſon
ſhall thereupon commit any ſuch Piracy or Robbery, all ſuch Perſons ſhall be ad-
judged acceſſary to fuch Piracy and Robbery, and after any Piracy or Robbery
committed, every Perſon, who knowing that ſuch Pirate or Robber has com-
mitted ſuch Robbery, fall, on the Land, or upon the Sea, receive, entertain
or conceal any ſuch Pirate or Robber, or receive any Ship, or Goods, by ſuch
Pirate or Robber, piratically, and feloniouſly taken, ſhall be adjudged acceſſary
to ſuch Piracy and Robbery; and all ſuch Acceſſaries may be enquired of, heard
and determined, after the common Courſe of the Law, according to the Statute
28 Hen. VIII. Cap. 15. as the Principals of ſuch Piracies and Robberies
ought to be ; and being attainted ſhall ſuffer Death and Loſs of Lands and
When an Engliſh Ship ſhall have been defended by Fight, againſt Pirates, s. 10.
of the Officers or Seamen are killed or wounded, the Judge of the
Admiralty, or his Surrogate in London, or the Mayor, or chief Officer in the
out-Ports, afliſted by four ſubſtantial Merchants, may, by Proceſs out of the
ſaid Court, levy upon the Owners of ſuch Ships, &c. a Sum not exceeding 2l.
per Hundred, of the Value of the Freight, ship, and Goods, ſo defended, to
Goods.
and
any
I
be
248
OF PIRAT E S.
S. 11.
S. 12.
S. 13
S. 14.
S. 15.
S. 16.
S. 17
diſtributed among the Officers and Seamen of the ſaid Ships, or Widows and
Children of the ſain.
A Reward of 10l. for every Veſſel of a Hundred Tons, or under, and 151. for
every one of a greater Burthen, ſhall be paid by the Captain, Commander, or
Maſter, to the firſt Diſcoverer of any Combination, for running away with,
deſtroying any ſuch Ship, at the Port where the Wages are to be paid.
This Act Thall be in Force før ſeven Years, &c. made perpetual 6 George I.
Cap. 19.
The Commiſſioners appointed by 28 Hen. VIII. Cap. 15. or by this Act,
ſhall have the ſole Power of hearing and determining the ſaid Crimes, within
all the Plantations in America, governed by Proprietors, or under Charter
from the Crown, and ſhall iſſue their Warrants for apprehending any Pirates,
&c. within any of the ſaid Plantations, in Order to their being brought to
Trial, within the ſame, or any other Plantation in America, or ſent into
England; and all Governors, &c. in the Plantations, governed by Proprietors,
or under Charters, ſhall aſliſt the Commiſſioners and Officers, and deliver up
the Pirates, &c. in Order to their being tried, or ſent into England.
If any of the Governors in the Plantations ſhall refuſe to yield Obedience to
this Act, fuch Refuſal is declared to be a Forfeiture of all Charters granted
for the Government or Propriety of ſuch Plantation.
When any Commiſſion for the Trial, and Puniſhment of the Offences afore-
ſaid ſhall be directed to any Place within the Juriſdiction of the Cinque Ports,
ſuch Commiſſion ſhall be directed to the Lord Warden, &c.
All Officers or Sailors, who ſhall deſert the Ships wherein they are hired
to ſerve for that Voyage, ſhall forfeit all Wages due to them.
In Cafe any Maſter of a Merchant Ship, ſhall, during his being abroad, force
any Man on Shore, or wilfully leave him behind in any of his Majeſty's Plan-
tations, or elſewhere, or ſhall refuſe to bring Home with him all ſuch of the
Men which he carried out, as are in a Condition to return, ſuch Maſter ſhall
ſuffer three Months Impriſonment.
All Perſons who ſhall commit any Offences for which they ought to be
Cap. 11,5.7. adjudged Pirates, by the Act 11 and 12 Will. III. Cap: 7: may be tried as by
the Act 28 Hen. VIII. Cap. 15. and ſhall be debarred from the Benefit of
Clergy. Nothing in this Act to extend to Scotland.
By 8 Geo. I. Ch. 24. S. 1. if any Commander of a Ship, or other Perſon,
Cap. 24.S. 1. ſhall trade with any Pirate, or ſhall furniſh any Pirate, Felon, or Robber,
upon the Seas, with Ammunition, Proviſion, or Stores, or ſhall fit out any
Ship knowingly, and with a Deſign to trade or correſpond with any Pirate,
&c. upon the Seas, or if any Perſon ſhall conſult, combine, or correſpond
with any Pirate, &c. knowing him to be guilty of any Piracy, Felony, and
Robbery, ſuch Offender ſhall be adjudged guilty of Piracy, Ø c. and ſhall be
tried according to the Statute 28 Hen. VIII. Cap. 18. and 11 and 12 Will. III.
Cap:: 7. and being convicted, ſhall ſuffer Death, and Loſs of Lands and Goods;
and if any Perſon belonging to any Ship, upon meeting any Merchant Ship on
the high Seas, or in any Port, Haven, or Creek, Mall forcibly board or enter
ſuch Ship, and though they do not ſeize and carry her off, ſhall throw over-
board or deſtroy any of the Goods, they ſhall be puniſhed as Pirates.
Every Ship fitted out with a Deſign to trade, or correſpond with any Pirate,
and all the Merchandizes put on board the fame, with an Intent to trade with
any Pirate, ſhall be forfeited, one Moiety to the King, and the other to the
Informer, to be recovered in the High Court of Admiralty.
All Perſons' declared Acceſſaries, by 11 and 12 Will. III. to any Piracy, are
by this Act declared principal Pirates.
Any Offender convicted of any Piracy, &c. by Virtue of this Act, ſhall
not have Benefit of Clergy.
And to encourage Seamen and Mariners to defend their Ships from Pirates,
the ſaid Act ordains, that in Caſe any Mariner on board any Merchant Ship,
Thall be maimed in Fight againſt any Pirate, upon due Proof thereof, he ſhall
not only have and receive the Rewards appointed by 22 and 23 C. II. Cap. 11.

4 Geo. I.
8 Geo. 1.
1
1
S. 2.
S. 3•
S. 4•

$. 50
4
but

OFT PI R A TE S.
249
1.
.100
but ſhall be provided for in Greenwich Hoſpital, preferable to any other Seaman
who is diſabled from Service by Age. Ich vor Azorduas ad finem
Alſo, in order to encourage the Defence of Merchant-Veſſels againt Pirates,
the Commanders or Seamen wounded, and the Widows of ſuch Seamen as are
Hain, in any piratical Engagement, ſhall be entitled to a Bounty to be divided
among them, not exceeding one Fiftieth Part of the Value of the Cargo on
board. Blackſtone's Comment, Vol. IV. 814 nieud bodygas in das
delionis
Lord Mansfield faid, in the Caſe of Gofs and Withers, that in Spain, Venice,
and England, the Good's go to the Captors of a Pirate, againſt the Owners, às
there can be no Condemnation to entitle the Pirate, and this is agreeable to
Grotius de Jur. Bell, and to Locennius de Jur. Marit.
However, by the Marine Ordinance of France in 1681, the Ships and
Effects of their Subjects, or of their Allies, retaken from Pirates, and reclaimed
within a Year and a Day from the Declaration which ſhall be made of them are
at the Admiralty, fhall be reſtored to the Proprietors, on paying one third of
the Value of the Ships and Goods, for Charges of the Recapture. d This is.co
Ordinance is accounted, by the French Writers, a great Inſtance of their
national Generoſity. But the Stipulations in Treaties of Commerce and Navi-
gation between England and other Powers go ſtill farther, and therefore ſhall die
be recited in this place.
.
« For the greater Freedom of Commerce and Navigation, it is agreed and see al
ss concluded, that the King of GREAT BRITAIN and the STATES GENERAL,
ſhall not receive into their Havens, Cities, and Towns, aor ſuffer that any of
" the Subjects of either Party do receive Pirates or Sea Rovers, or afford them
any Entertainment, Aſſiſtance, or Proviſion, but ſhall endeavour that the ſaid
* Pirates and Sea Rovers, or their Partners, Sharers, and Abettors, be found out,
apprehended, and ſuffer condign Puniſhment, for the Terror of others: And
es all the Ships, Goods, and Commodities piratically taken by thein, and brought
“ into the Ports of either Party which can be found; nay, although they be
“ ſold, ſhall be reſtored to the right Owners, or Satisfaction ſhall be given either
to the Owners, or to thoſe who by Letters of Attorney fhall challenge the
fame, provided the Right of their Property be made to appear in the Court
" of Admiralty by due Proofs according to Law. Treaty with Holland 1667. Le
* It was the Violation of this Treaty on the Part of the Dutch which contri-
" buted to the Rupture between Great Britain and Holland, at the Cloſe of the
" Year 1780. The Regency of Amſterdam had not only protected, but given
Aid in their Power to Paul Fones, a Native of Great Britain, who, under
a Commiſſion granted to him by the Rebel Subjects of the King of Great
" Britain in America, engaged and took his Majeſty's Frigate the Serapis, a
“ Sloop called the Counteſs of Scarborough, and two or three Britiſh Merchant
Ships, all of which he carried to the Texel, and fold the Merchant Veſſels
" and their Cargoes, himſelf appearing publickly on the Exchange of
“ Amſterdam, where he was carefied by the Merchants, and the Magiſtrates
ſupplied Yones with Proviſions, Ammunition, &c. for refitting and putting
to Sea, notwithſtanding the repeated Remonftrances of Sir Joſeph Yorke, the
66 Britiſh Miniſter at the Hague, who demanded Reſtitution of the King's Ships,
" and the Seizure of Paul Jones the Pirate.
If any Commander, or other Officer, or Seaman of a Merchant Ship, that s. 6.
carries Guns and Arms, ſhall not fight and endeavour to defend themſelves
when attacked by a Pirate, or ſhall utter any Words to diſcourage the other
Mariners from defending the Ship, by which Means ſhe is taken by the Pirate,
in ſuch Caſe, the ſaid Commander, &c. ſhall forfeit all the Wages due to him
or them, to the Owner of the Ship, and ſuffer fix Months Impriſonment.
No Maſter, or Owner of any Merchant Ship, ſhall pay to any Seaman beyond S. 7.
the Seas, any Money or Effects on Account of Wages, exceeding one Moiety
of the Wages due at the Time of ſuch Payment, till ſuch Ship ſhall return
to Great Britain, Ireland, or the Plantations, or to ſome other of his Majeſty's
Dominions whereto they belong, on Forfeiture of double the Money ſo
paid, &c.
This
every
35
250
OF PIRAT E S.

S. 10
2 Gco. II.
Ch. 21.
in B. R.
S. 27.
I This Act ſhall extend to all his Majeſty's Dominions in Aſia, Africa, or Amet
rica, and ſhall be a publick Ad, and ſhall continue ſeven Years, 8c. made per
petual 2 Geo. II. Cap. 28. forsM 10.900.16 DO16 of bio ni
Coke, 3. Inſt. The Act 11 and 12 Will. III. Ch. 7. does not alter the Offence, or make the
Tit. Admir. Offence Felony, but leaves it as it was before this
Aą, viz. Felony only by the
Civil Law, but giveth' a Mean of Trial by the Common Law, and inflicteth
Pains of Death, as if they had been attainted of any Felony done upon the Land,
The Indictment muft mention the ſame to be done on the high Sea, broj
If any Perſon be feloniouſly ſtricken or poiſoned upon the Sea, or at any Place
out of England, and dies in England, or ſtricken or poiſoned in England, and dies
on the Sea, or out of England, the Fact is triable in any Country, according to
the Courſe of the Common Law, except Challenges for the Hundred. OH
D A Pardon of all Felonies does not extend to Piracy, but the ſame ought
Moore, 756.
Dy, 308. eſpecially to be named; and though there be a Forfeiture of Lands and Goods,
yet there is no Corruption of Blood, nor can there be an Acceſary of this Offence
Ditto, P. 71. tried by Virtue of this Statute, but if there be an Acceſſary upon the Sea to a
Vide 14 Jar. Piracy, he muſt be tried by Civil Law.
The Statute of 35 Hen. VIII. Cap. 2. taketh not away the Statute for Treaſons
Pop done upon the sea, nor is Clergy allowable to the Party on the Statute 28
3 Inſt. 112. Hen. VIII.
į Inft. 391. Though a Port be Locus Publicus uti Pars Oceani, yet it has been reſolved
more than once, with Reſpect to all Ports, that not only the Town, but the Water
is infra Corpus Comitatus.
Molloy de Jure If a Pirate enters into a Port or Haven of this Kingdom, and aſſaults and robs
Mar, P.71. a Merchant Ship at Anchor there, this is not Piracy, becauſe the ſame is not
done ſuper altum Mare (upon the high Sea) but a downright Robbery at Com- .
mon Law, for that the Act is Infra Corpus Comitatus, and was inquirable and
puniſhable by the Common Law before the Statute of 28 Hen. VIII. Cap. 19.
an Inſtance of which was in Hide & Al. who robbed the Ship of one Capt. Slue
of ſome Merchandize, appertaining to Mr. Möfs, a Merchant in London, and
for which they were indicted at the Common Law, and found guilty, Anno 22
Car. II. at the Old Bailey.
By the recited Act of 11 Will. III. it is (amongſt other Things) enacted, That
P. 65.
all Piracies and Robberies committed on the Sea, or in any Haven or Place,
where the Admirals have Power or Juriſdiction, may be examined and adjudged,
according to the Directions of the Act, in any Place at Sea or Land, to be
appointed by the King's Commiſſion, And alſo, that if any of his Majeſty's
natural-born Subjects, or Denizens of this Kingdom, ſhall commit any Piracy
or Robbery, or Act of Hoftility, againſt others of his Majeſty's Subjects on Sea,
under Colour of Commiſſion from any foreign Prince or State, or Pretence of
Authority from any Perfon, they ſhall be deemed Pirates, Felons, and Robbers,
and being convicted according to the ſaid Act, or of 28 Hen. VIII. therein recited,
ſhall ſuffer fuch Pains of Death, &c. as Pirates, &c. ought to have and ſuffer :
And whereas, during the War with France and Spain, diverſe Subjects have entered
into the Service of his Majeſty's Enemies, on board Privateers, or other Ships,
having Commiſſions from the Crowns of France and Spain, and committed Hoſtia
lities againſt his Majeſty's Subjects on the Seas, in the Weſt-Indies, &c. and as
Doubts have ariſen whether, as ſuch Offenders have been guilty of High Trea-
fon, they can be guilty of Felony within the Intent of the ſaid Act, and as
ſuch be tried by the Court of Admiralty thereby appointed; to put an End to
P.661. the faid Doubts, therefore, It is enacted, That all Perſons, being natural-born Sub-
jects or Denizens of his Majeſty, who, during the preſent or any future Wars
have committed, or ſhall commit, any Hoftilities on the Sea, or in any Haven,
River, Creek, or Place where the Admirals have Power of Juriſdiction, may
be tried as Pirates, Felons, and Robbers, in the ſaid Court of Admiralty,
on Shipboard, or on Land, as Perſons guilty of Piracy, &c. are by the ſaid
Act directed to be tried; and being convicted thereof, Thall ſuffer ſuch Pains
of Death, Loſs of Lands, Goods, and Chattels, as other Pirates, &c. by the
faid Act of 11 Will. III. or any other Aa, ought to ſuffer,
Any
28 Geo. II.
P. 660.

@.FI VIRAT E S.
261
1044
Any Perſon who ſhall be tried and acquitted, or convicted according to this
Act, for any of the ſaid Crimes, ſhall not be tried again for the ſame Fact, as
High Treaſon.ioü noistage
Nothing in this Act ſhall extend to prevent any Perfons, guilty of any of the P. 662.
ſaid Crimes, who ſhall not be tried according to this Ac, from being tried !
for High Treaſon within this Realm, h according to the aforeſaid Act of 28
Hen. VIII. Sant Meil brasionant voob piston tart, natonishes
If ſuch a Robbery be made in a Creek or Port, in ſuch Caſes, dit has by ſome Moore, 756.
been conceived that Clergy is allowable, upon the Statute of 28 Hen. VIII. but Jac. Par.
if it be done fuper altum Mare, there is no ſuch Allowance, as was ruled by the
Opinion of Sir Lyonel Jenkins, and the Reſt of the Judges, upon the Piracy.com
mitted by Cuſack and others, who were executed Anno 1674.10 And if the
Robbery be committed on great Rivers, within the Realm (eſteemed always as
common Highways) there it has formerly been doubted, whether the Benefit
of Clergy ought to be granted; however it was ſeemingly ſettled by the Judges
in the aforeſaid Caſe of Hide, and was confirmed by the following Act, viz.
Diverſe wicked and evil-diſpoſed Perſons, being encouraged to commit Rob- Geo. II.
beries and Theft upon navigable Rivers, &c. by the Privilege, as the Law P. 1055
now is, of being admitted to the Benefit of their Clergy; for the inore effectual
preventing ſuch Felonies
for the future, It is enacted, That all Perſons, who ſhall
at any Time, from and after the 24th of June, 1751, feloniouſly ſteal any Goods
or Merchandize, of the Value of 40s. in any Ship, Barge, Lighter, Boat, or p. 1056
other Veffel or Craft, upon any Navigable River, or in any Port of Entry or Diſ-
charge, or in any Creek belonging thereto, or from off any Wharf or Quay
adjacent to any navigable River, Port of Entry or Diſcharge within Great-
Britain, or Thall be preſent and aſſiſting in committing any of the ſaid Offences,
being thereof convicted or attainted, or being indicted, ſhall of Malice ſtand
mute, or will not directly anſwer to the Indictment, or ſhall peremptorily chal-
lenge above twenty Perſons returned to be of the Jury, ſhalî be excluded from
the Benefit of Clergy.
One Cobham was arraigned in Southwark, before the Commiſſioners of Oyer
and Terminer, for a Piracy and Robbery committed on a Spaniard, and refuſing
to plead, it was moved by the Attorney-General, whether he ought not in this
Caſe to have the Peine forte & dure, and it was the Opinion of the Court he ſhould
from the Words, and reaſonable Intendment of the Statute 28 Hen. VIII. C. 15.
and Judgement was given accordingly.
If a Man is taken on Suſpicion of Piracy, and a Bill is preferred againſt him,
and the Fury find Ignoramus, and the Court of Admiralty will not diſcharge him,
that of the King's-Bench will grant a Habeas Corpus, and if there be good Cauſe
diſcharge him, or at leaſt admit him to Bail; but if the Court ſuſpects that the
Party is guilty, perhaps they may remand him; and therefore in all caſes,
where the Admiralty legally have an original, or a concurrent Juriſdiction, the
Courts above will be well informed before they will meddle or interfere.
Aiding or aſſiſting the Eſcape of a Man in Cuſtody for Piracy, though the Yelvert. 134,
Matter is an Offence at Land, yet the Admiralty having Juriſdiction to puniſh the 135:
Principal, has likewiſe Power to puniſh ſuch an Offender, who is looked
upon Cro.Jac.269.
quaſi an Acceſſary to the Piracy; but on reſcuing a Priſoner from an Officer of Stiles, 171.
their's, they may examine the Cauſe, but they cannot proceed criminally againſt
the Offender.
The Exemplification of the Sentence of the Court of Admiralty, under their
Seal, is concluſive Evidence in a Court of Common Law.
And although the Statute of 28 Hen. VIII. C. 15. does not alter the Offence, Lord Ray.
or make it Felony, but leaves it as it was before that Statute, viz. Felony only
mond, 893
by the Civil Law, and gives a Mean of Trial by the Common Law, and inflicted
ſúch Pains of Death, as if they had been attainted of any Felony; yet it was
teſolved by * all the Judges and the Reſt of the Commiſſioners then preſent, that
his Majeſty, having granted Letters of Repriſal + to Sir Edmund Turner and
George Carew, againſt the Subjects of the States General of the United Provinces
Seffi Admir. Feb. 18. 1689. Cafe of Compton Gwithe, & al. + Mentioned P. 206
Cro. El. 6854
340,
which

23.4
OF PIAR A T E SO
ved fons
upon any of
which Grant was afterwards called in by Proclamation, then notified in the
Treaty of Breda, and finally ſuppreſſed under the Great Seal; that ſeveral hav-
ing putin Execution the ſaid Commiſſion, under a Deputation from Carex only,
do without Turner, were indicted for Piracy, though they were acquitted, as it was
decreed that the ſame was not a felonious and a piratical Spoliation in them, buta.
Caption in order to an Adjudication and though the Authority they acted under
was deficient, yet not being done by the Captain and his Mariners, Animo deprezi
dandi, it could by no Means be made Piracy.ş nighmod roddo sout
It has been cuſtomary to grant Commiſſions to the Commanders of Ships
bound to the Eaſt-Indies, for the ſeizing of Pirates, and as I find they have always
been to the fame Purpoſe, though ſometirnes variouſly worded, I fhall add the
Copy of one of them taken from the Original. - reidio boy w d bastita
er svo misso) e 90
insindeni todedw baldrop A N N E, R. si stai cursagitt borte
die NNE, by
A
N NE, by the Grace of God, Queen of England, Scotland, France, and
Ireland, Defender of the Faith, &c. to our truſty and well-beloved A .B.
* Commander of the Ship Triton, Burthen four Hundred and twenty
“ thirty Gans, and ſeventy Men, or to any other the Commander of the ſame
“ for the Time being, GREETING; Whereas, we are informed there are ſeveral
« Pirates and Sea Rovers, which do infeſt the Seas of India, whither you are
now going, We have therefore thought fit to authoriſe and impower, and
accordingly do by theſe Preſents authoriſe and impower you, to apprehend,
* ſeize, and ſecure the Perſons of any ſuch Pirates, Free-Booters, and Sea
“ Rovers, being either our own Subjects, or of other Nations aſſociated with
“ the Coaſts or Seas of India, or in any other Seas whatſoever, together with
" their Ships and Veffels, and all ſuch Merchandize, Money, Goods, and
* Wares, as ſhall be found on board, or with them, in Caſe they ſhall willingly
yield themſelves, but if they will not ſubmit without fighting, then you are
“ by Force to compel them to yield: And we do alſo require you to bring, or
« cauſe to be brought, fuch Pirates, Free-Booters, and Sea
Rovers, as you thall
« feize or take, to a legal Trial, to the End they may be proceeded againſt with
“ the utmoſt Severity of Law. And we do hereby enjoin you to keep an exact
Journal of your Proceedings in the Execution of the Premiſes, and therein
66 ſet down the Names of ſuch Pirates, and of their Officers and Company, and
“ the Names of ſuch Ships and Veſſels, as you ſhall, by Virtue of theſe Pre-
« fents, ſeize and take, and the Quantities and Qualities of all Arms, Ammu-
“ nition, Provifion, and Lading of ſuch Ships and Veſſels, and the true Value of
the ſame as near as you can judge, and alſo to ſecure and take Care of all Bills
“ of Lading, Invoice, Cockets, Charter-parties, and all other Papers and Wris
tings, of what Kind ſoever, as ſhall be found on board ſuch Ships and Ver-
“ ſels ; and we do hereby ſtrictly charge and command you (as you will anſwer
" the ſame at your utmoſt Peril) that you do not in any Manner offend or mo-
“ leſt any of our Subjects, or the Subjects of our Friends and Allies, their
« Ships or Goods, by Colour or Pretence of theſe Preſents, or the Authority
“ hereby granted. In Witneſs whereof, We have cauſed our great Seal of Ena
gland to be affixed to theſe Preſents. Given at our Court at St. James's the
" thirteenth Day of O&tober, 1704, in the third Year of our Reign."
yo Rep. 109.
In the Admiral's Patent, he has granted to him Bona Piratarum; the proper
Dyer 269. Goods of Pirates only pafs by this Grant, and not piratical Goods. So it is of a
Fenk. Cent:
Grant de Bonis Felonum, the Grantee fhall not have Goods ſtolen, but the true
and rightful Owner : But the King ſhall have the Piratical Goods, if the Owner
be not known.
When a Pirate is condemned and executed, he is commonly hung in Chains
on a Gibbet fixed by the River Side, as an Object to deter others from following
fuch Courſes which might, ſooner or later, bring them to the fame unhappy
End.
During the War (commenced in 1756) ſeveral Perſons, Maſters of Privateers,
were executed for Piracy; the Facts were, that Neutral Ships, Dutch and
5
Danes


325

OF CONVOY S.
253
Departure, in
were ſtripped in the Engliſh Channel by ſmall Privateers, and plundered,
ſometimes by the Maſters and People of the Privateer diſguiſed, at other
Times more openly. This occaſioned the new Act concerning Privateers,
inſerted under that Article.
10 10.80 20.
Var to the substan
Of Convoys and Cruizers. sjovt
TI
HE wordConvoy in a mercantile Senſe means a Fleet, or any Number of
Merchant Veſſels failing together to a particular Place of Deſtination
under Protection. And the Protection granted to them by the Marine Depart-
ment of the State to which they belong, conſiſting of one or more Ships of
War, is likewiſe called a Convoy.
The King oF GREAT BRITAIN, in Time of War, grants Convoys for the Pro-
tection of his Subjects carrying on their Commerce on the Ocean, upon Applica-
tion being made by the Merchants to the Commiſſioners for executing the Office
of Lord High Admiral, who appoint ſuch a Force as they think proportioned to
the Danger they are likely to encounter from the Enemy on their Voyages; and
even in Times of Peace, Convoys are ordered by the Government to guard and
defend our Trading Veſſels from the Affaults of Pirates, or Encroachers on our
Commerce, more eſpecially in our Fiſheries, and other parts of the Weſt-
Indies; where they may be expoſed to ſuch Attacks, by commercial Intruders.
whence they are to ſet Sail by the Times appointed, and there receive Orders
the Maſters muſt take Care punctually to obſerve, otherwiſe they alone will be
the Maſters muſt take Careficer, relative to their future Proceedings
, which
anſwerable for any Lofs or Miſcarriage that may happen through ſuch Neglect.
In France and other Countries, Maſters diſobeying the Orders of the Com-
manders of Convoys, or departing from their Convoy, are puniſhed by Fine
and Impriſonment, beſides being reſponſible with their Property to their
Owners for the Loſſes that may enſue by ſuch Conduct. In England, they
are only liable to a Civil Action for Damages, to indemnify the Owners and
Merchants, for the Ships and Cargoes captured by their wilful Diſobedience;
but the Difficulties that ariſe in determining when the Maſters have made the
Inſurance void are almoſt innumerable; and fall properly under the Head of
Inſurances, of which hereafter. If the Fault lies on the Commodore, he is
made puniſhable by the ſubſequent Laws, viz.
The Captains, Officers, and Seamen, of all Ships appointed for Convoy of 13 Car. II.
Merchant Ships or others, ſhall diligently attend upon that Charge, without Si...
Delay, according to their Inſtructions; and whoſoever ſhall be faulty therein,
and ſhall not faithfully defend the Ships and Goods in their Convoy, or ſhall
demand any Money, or Reward, from any Merchant or Maſter for convoying
of ſuch Ships belonging to his Majeſty's Subjects, ſhall be condemned to make
Reparation of the Damage, as the Court of Admiralty ſhall adjudge, and alſo
be puniſhed criminally by Pains of Death, or other Puniſhment, as ſhall be
adjudged by the Court-Martial.
Confirmed by 22 Geo. II. p. 693. Art. 17.
By the Treaty with Holland in 1667, it is ſtipulated, that the Men of War
or Convoys of either Nation, meeting or overtaking at Sea any Merchant-Ship
or Ships belonging to the Subjects or Inhabitants of the other, holding the
ſame Courſe, or going the fame Way, ſhall be bound, as long as they keep
one Courſe together, to protect and defend them againſt all and every one
who would ſet upon
them.
Cruizers are commonly the beſt failing Ships, appointed by the Admiralty
to cruize in ſome certain Latitudes, in order to meet with, and apprehend, or
deſtroy the Enemy; they are generally of the ſmalleſt Rates, and muſt by no
Means leave their Stations during the Time limited, except forced thereto by
ſome Damage received, or by Streſs of Weather. By the 6 Ann. Cap. 13. it


3 T
was
254
Of CA PT UR E S.
the U16 Great Britain the Perſons of fuch of the Subjects of her Majeſty
was enacted, that beſides the Line of Battle Ships, forty-three others thould
be employed as Cruizers and Convoys for the better Preſervation of trading,
Veffels; four of which were to be Third Rates; fixteen Fourth Rates, and
the Reſt of ſufficient Force to guard our Commerce; they were to attend (as
before-mentioned) in certain Stations, and the Commiſſioners of the Admiralty
may direct thoſe of the Navy, or ſome one, or more Perſons, reſident at ſuch
Places as his Majeſty fhall appoint, to ſuperintend and overſee every Thing
relating to thoſe Cruizers.
Several ſubſequent Acts have confirmed the above, and increaſed the Num-
ber of Cruizers as Neceſſity has required, to the no ſmall Security of our
Maritime Intereſt.
Having now deſcribed the different Modes of attacking an Enemy at Sea
under proper Authority, it follows in Order, that we ſhould treat of the Con-
ſequence of Succeſs under the Articles,
Of Captures, Condemnations, and Appeals.
I
Have already had Occaſion to mention ſeveral Circumſtances concerning
Prizes, under the preceding Article of Letters of Marque, &c. however,
ſhall add a few more here, and begin with the Diſtinctions made concerning
them, which are of three Softs, viz.
1. Ships and Goods taken by Letters of Marque, and by Jus Repriſaliarum.
2. Thoſe taken from Pirates or Sea Rovers; and
3. Thoſe taken from profeſſed Enemies.
Molloy, P. The firſt (as has been before mentioned) belong entirely to the Captors, after
280. S. 17. a legal Condemnation, as the ſecond does after an Account thereof is given to
the Admiral, and the third were to be proceeded in, according to the Power
which authoriſed the Capture.
9 Ann.
It has been alſo granted to Companies, to appropriate the Prizes made in
Cap.2.5.51. Conſequence of an Infringment of their Charters ; as to the Eaft India*, who
have a Right to all Ships, &c. trading within their Limits, for which they
may fue in any of the Courts at Weſtminſter ; as that of the South Sea may,
though their Grant is yet more ample, viz. The Company ſhall have all Ships
and Goods which ſhall be taken as Prize, by the Ships employed or licenſed by
it, within their Limits, or by ſuch Ships of her Majeſty, as ſhe ſhall allow
for Defence of the Trade, without any Account, ſave only that the Officers
and Seamen on board the ſaid Ships of her Majeſty, which ſhall be affifting
to the taking any ſuch Ships or Goods as Prize, ſhall have ſuch Share thereof
as her Majeſty thall direct by the Charter of Incorporation ; and it ſhall be
lawful for the Company and their Servants, and other Perſons employed and
licenſed by them, to ſeize, by Force of Arms, the Perſons, Ships, Goods, or
Effects, of any of the Subjects of her Majeſty, who ſhall frequent, trade, or
adventure into the South Seas, or other the Limits aforeſaid, and to detain, to
the Uſe of the Company, the Ships, Goods, and Effects, fo feized, and to
ſend
into
as ſhall be ſo ſeized, in order to their being proſecuted according to Law.
It has been obſerved in a preceding Part of this Work, that no Prize can be
diſpoſed of, nor any of her Cargo touched, till after a legal Condemnation in
the Court of Admiralty here, or elſewhere ; and that no Delays be made in
the Proceſs, it is enačted, that the Judge of fuch Court thaíl
, if requeſted
thereto, finiſh within five Days, &c.
APPEALS from the Viee-Admiralty Courts in America, and our other Plan-
tations and Settlements, may be brought before the Court of Admiralty in
England, as being a Branch of the Lord High Admiral's Juriſdiction, though
they may alſo be brought before the King in Council. But in Caſes of Prize
Veſſels taken in Time of War, in any part of the World, and condemned in
12 dobovi
any
7 Geo. I. Cap. 21. Sect. 1. 3 Geo. II. Cap. 14. Sect. 9,

1
13 Geo. II.
P. 133
See P. 213,
214.
ne of was in a
OF BILLS OF H É A L T H.
265
came from, declaring their Country. (of
i
any Court of Admiralty or Vice-Admiralty as lawful Prize, the Appeal lies
to the Commiſoners of Appeals, and not to Judges Delegates. And this by
virtue of diverſe Treaties with Foreign Nations; by which particular Courts
are eſtabliſhed in all the Maritime Countries of Europe for the Deciſion of
this Queſtion, whether lawful Prize or not: for this being a Queſtion between
Subjects of different States, it belongs entirely to the Law of Nations, and
not to the municipal Laws of either Country to determine it. The original
Court for deciding this Queſtion in England is the Court of Admiralty, and
the Court of Appeal is in Effect the King's Privy Council, the Members of
which are, in Conſequence of Treaties, commiſſioned under the great Seal for
this Purpoſe.
The Commiſſioners of Appeals, formerly appointed by our Sovereigns, were
half their Privy Counſellors, and ſome others mentioned in the Appointment,
to whom Appeals were to be made, both at home and abroad, as above ; but
as fome Difficulties aroſe about the Commiſſion, the following Act was made
to remedy and ſolve them, viz.
His Majeſty, in order to bring Appeals from Sentences in Cauſes of Prizes, 22 Geo. II.
pronounced in the Courts of Admiralty, to a ſpeedy Determination, did, by C. 3. P. 1274
his Commiſſion, bearing Date the 11th of July, in the twenty-ſecond Year of
his Reign, revoke a former Commiſſion granted to all his Majeſty's then
Privy Counſellors, and all other his Privy Counſellors for the Time being,
during Pleaſure; and did alſo by the ſame Commiſſion, appoint all his Privy
Counſellors then being, as alſo Sir Tbomas Parker, Knight, Lord Chief Baron
of the Exchequer; Sir Martin Wright, Sir Thomas Denniſon, and Sir Michael
Foſter, Knights, Juſtices of the Court of King's-Bench; Sir Thomas Abney, P. 128,
Sir Thomas Burnet, and Sir Thomas Birch, Knights, Juſtices of the Court of
Common-Pleas-; Charles Clark, Edward Clive, and Heneage Legge, Eſqrs.
Barons of the Court of Exchequer, and the Chief Baron of the Exchequer,
for the Time being, to be Commiſſioners for hearing and determining fuch
Appeals during Pleaſure, &c. and as ſome Objections have been raiſed againſt
the laſt mentioned Commiſſion, on Account of the Lord Chief Baron of the
Exchequer, the Juſtices of the King's-Bench and Common-Pleas, and the Barons
of the Exchequer, who were not of the Privy Council, being joined therein;
It is therefore enacted, That the ſaid Commiſſion, and all the Powers granted
therein, fhall be deemed good in Law; and the Commiſſioners, as well the
faid Lord Chief Baron, and the ſaid Juſtices and Barons therein named, and
the Lord Chief Baron of the Exchequer, and the Juſtices of the King's-Bench
and Common-Pleas, and the Barons of the Exchequer for the Time being,
although they ſhould not be of the Privy Council, are impowered, during his
Majeſty's Pleaſure, to receive and determine all ſuch Appeals, and to uſe all
other juriſdictions, according to the true Intent of the ſaid Commiſſion.
No Sentence upon the Hearing of any ſuch Appeal, ſhall be valid, unleſs a
Majority of the Commiſſioners preſent be of the Privy Council.
trgolit
grore not
Dette et TIBE
Of Bills of Health and Quarantine.
He dreadful Ravages made by Peſtilential Diſorders in thoſe Countries
moſt ſubject to them, makes every Prince and Ståte fearful of receiving
the Infection, by the Admiſſion of Goods from ſuſpected Places ; and to avoid
it, they always inſiſt on Ships bringing Certificates from the Magiſtracy of
contagious Diftemper; theſe are termed Bills of Health (of which Copies
are annexed) and coming in this Form, they are called clean ones, in Oppo-
fition to foul ones, which are given to Ships, when they proceed from infected
Places, and theſe always obſtruct their Admittance to trade, till they have
they arsive, may judge neceſſary, being commonly
from ten to forty; on Ex-
• piration of which, it is cuſtomary abroad, for Phyſicians to examine the ship's
5.
Crew,



THE
256
OF BILLS OF HEALTH.
Crew, and ſtrict Search is made on board, by Perſons appointed, to ſee whe-
ther the Number of Sailors correſponds with thoſe mentioned in the Bills of
Health, and if any Difference appears, it will be difficult in any Country, and
impoſſible in fome, to obtain Admiſſion afterwards; therefore it behoves evey
Captain to be very circumſpect in having the exact Number of his Company
inſerted. 10WS
But though the Sailors are not admitted to a Communication with the Shore,
till the aforementioned prudent Precautions have preceded; yet all Commo-
dities unſuſceptible of the infectious Taint (ſuch as Corn, &c.) are permitted
immediately to be landed, at proper Places (by the Mariners) from whence
they are afterwards conveyed to thoſe deſtined for their Conſumption or Sale.
Several foreign States have ſet apart, and appropriated certain Parcels of
Lands for the aforementioned Purpoſes, which they have encloſed, and erected
Buildings both for the Reception of Goods and Paffengers to lay their
Quarantine in, where the latter are comfortably accommodated, under the
Vigilance of Guards, appointed to hinder any one's too near Approach to theſe
Recluſes : Such are the Lazarettos at Marſeilles, Venice, &c. and the Ex-
pences vary on theſe Occaſions, according to the Difference of Climes and
Accommodations.
All Ships performing Quarantine here, do it at Stangate Creek, under ſuch
Regulations as his Majeſty in Council is pleaſed to appoint; and every Mer-
chant who had any Goods from Italy, during the laft Plague at Meffina, was
obliged to ſhew his Documents, that is, the Bills of Lading, Invoices, Let-
ters, or any other Papers in which his Goods were mentioned, to Gentlemen
353:in the Secretary of the Cuſtoms Office, appointed to examine them; and the
Merchandize, after lying the Time ordered, was opened, aired, and under-
went the appointed Search, before it was permitted to be put into Lighters,
and brought to London, &c.
But the Frequency of the Plague in different Parts of the Levant, making a
Reviſal of thoſe Laws neceffary, the following Act was paſt:
26 Geo, II. o The Preamble ſets forth, that whereas it is neceſſary fome Proviſion be made
by Parliament, for obliging Ships and Perſons coming from Places infected, or
frequently ſubject to the Plague, to perform Quarantine in ſuch Manner as
fhall be ordered by his Majeſty, or his Succeſſor ; and for puniſhing Offend-
ers therein in a more expeditious Manner than can be done by the ordinary
Methods of Law: It is therefore enacted, That all Ships and Veſſels arriving,
and all Perſons, Goods, and Merchandizes, coming or imported into any
Port or Place, within Great Britain or Ireland, the Iſles of Guernſey, Jerſey,
Alderney, Sark, or Män, or from any Place from whence his Majeſty or his
Succeſſors, by Advice of the Privy Council, ſhall judge it probable that the
Infection may be brought, fall be obliged to perform Quarantine in ſuch
Place, and in ſuch Manner, as ſhall be directed by his Majeſty or his Succef-
fors, by Order in Privy Council, and notified by Proclamation, or in the
London Gazette: And that till ſuch Ships, &c. ſhall be diſcharged from ſuch
Quarantine, no Perſon, Goods, &c. ſhall be brought on Shore, or be put on
board any other Vefſel within his Majeſty's Dominions, unleſs by Licence, as
ſhall be directed by Order of Council: And that all ſuch Ships, and the
Perſons or Goods, coming or imported, or going or being put on board the
ſame, and all ſuch Ships, Veſſels, Boats, and Perſons, receiving any Goods
or Perſons out of the fame, ſhall be ſubject to ſuch Orders, Rules, and Direc-
tions
concerning Quarantine, and the Prevention of Infection, as ſhall be
made by his Majeſty, and his Succeſſors in Council, and notified by Procla-
mation, or publiſhed in the London Gazette as aforeſaid.
een
If the Plague ſhall appear on board any Ship to the Northward of Cape
Finiſterre, the Maſter Mall immediately proceed to the Harbour of New
Grimſby, in the Ifles of Scilly, where he ſhall inform the Officer of the Cuf-
toms there, of his Caſe; who ſhall acquaint fome Officer of a near Port of
England thereof; who, with all poflible Speed, ſhall ſend Intelligence thereof
to one of his Majeſty's Secretaries of State, that ſuch Meaſures may be taken
A for



Noitt
4
OF BILLS BILLS OF OF
257
Council, and ſhall take Care to prevent any of his Ship’s Company from
HEALTH
for the Support of the Crew, and ſuch Precautions uſed to prevent the ſpread
ing of the Infection, as the Caſe ſhall require: And the ſaid Ships ſhall
remain at the Iſlands of Scilly, till his Majeſty's Pleaſure be known; nor
ſhall any of the Crew go on Shore; but if the Maſter ſhall not be able to
make the Inands of - Scišly, or ſhall be forced by Streſscof Weather, up either
of the Channels, the ſhall not preſume to enter into any Port, but ihall re-
main in ſome open Road till he receives Orders from his Majeſty, or the Privy
going out of his Ship, and to avoid all Intercourfe with other Ships or Perſons ;
and the ſaid Maſter, or any Perſon on board ſuch Ship, who shall be diſobe-
dient therein, ſhall be adjudged guilty of Felony, and ſhall ſuffer Death as a
Felon, without Benefit of Clergy: And every ſuch Offence ihall be deter-
mined in the County where the Offence ſhall be committed, or where the
Offender ſhall be apprehended. d: Louro
Louroy botiroso ont cursus
That it may be better known whether any Ship be actually infected with the
Plague, or whether ſuch Ships, &c. are liable to any Orders touching Qua-
rantine, it is enacted, that when any Place is infected with the Plague, or when
any Order ſhall be made concerning Quarantine and the Prevention of Infeca
tion, as often as any Ship ſhall attempt to enter any Place in Great Britain or
Ireland, &c. the principal Officer of the Cuſtoms in ſuch Place, or ſuch
Perſon as ſhall be authorized to ſee Quarantine performed, ſhall go off, or
cauſe ſome other Perſon appointed by him for that Purpoſe to go off to ſuch
Ship; and ſuch Officer, &c. fhall, át a convenient Diſtance from ſuch Ship,-
demand of the Maſter. And the Maſter Thall, upon ſuch Demand, give a
true Account of the following Particulars ; that is to ſay, the Name of ſuch
Ship, the Name of the Maſter, where the Cargo was taken in, where the
touched, whether ſuch Places were infected, how long the had been in her
Voyage, how many Perſons were on board when the ſet Sail, whether any in
the Voyage had been, or were then infected with the Plague, how many
died
in the Voyage, and of what Diftemper; what Ships 'he, or any of his Ship’s
Company with his Privity went on board, or had any of their Company come
on board during the Voyage, and to what Place fuch Ships belonged, and alſo
the true Contents of his Lading to the beſt of his Knowledge. And if it
ſhall appear that any Perſon on board fhall be infected with the Plague, or
that ſuch ship is obliged to perform Quarantine, in ſuch Cafe it ſhall be law-
ful for the Officers of any of his Majeſty's - Ships of War, or rany Forts or
Garriſons, and all other Officers whom it may concern, and for any other
Perſons whom they ſhall call for their Aſſiſtance, to oblige ſuch Ship to repair
to ſuch Place as hath been appointed for Performance of Quarantine, by any
Kind of Violence whatſoever. And if any ſuch Ship thall. come from an in-
fected Place, or have any Perſon on board actually infected, and the Maſter
Ihall conceal the ſame, ſuch Maſter ſhall be adjudged guilty of Felony, and
ſhall ſuffer Death: And if the Maſter of ſuch Ships ſhall not make a true
Diſcovery in any other of the aforeſaid Particulars, ſuch Commander Thall
forfeit 200l. one Moiety to the King, the other to the Perſon who ſhall ſue
for the ſame. amadoustnited snitmetano din not saved Astro
The Maſter of any Veſſel ordered to perform Quarantine ihall, after his
Arrival at the Place appointed for performing Quarantine, deliver to the Chief
Officer there, ſuch Bills of Health and Manifeſt, as he ſhall have received
from any Britiſh Conſul during his Voyage, together with his Log-Book and
Journal, under Penalty of 500l. Forfeiture, in the ſame Manner as the laſt
Clauſe.ba
Vasaletto bastab 11. ni sad
If any Maſter of a Vefſel liable to perform Quarantine, having Notice
thereof, ſhall himſelf. quit, or permit any other Perſon to quit ſuch Veſſel
before Quarantine ſhall be performed, unleſs by proper Licence; or in Caſe
any Maſter ſhall not cauſe, within due Time after Notice given, ſuch Veffel,
and the Lading thereof, to be conveyed to the Place appointed for performing
Quarantine; then, and in every ſuch Caſe, the Maſter ſhall forfeit gool. and
the Perfons, quitting the Veffel, thall be compelled to go back, and ſuffer fix
Months

3 U
1
253
OF BILLS OF HEALTH.

Months Imprifonment, and each forfeit 200l. The Penalties to be recovered
and divided as before.
10
His Majeſty, with the Confent of Parliament, máy erect Lazarets on any
common or private Grounds, and in caſe any Difference ſhould ariſe about the
Value of ſuch Lands, to be ſettled by a Jury at the Quarter-Seſſions.
The proper Officers are impowered, and required to compel-all Perſons
obliged to perform Quarantine, and Goods, to be conveyed to fome Lazaret,
or ſuch other Place as ſhall be provided for the Reception of ſuch Perſons,
Goods, &c. or for the Opening and Airing ſuch Goods; &c according to
Fuch Orders to be made as aforefaid.
If any Perfon, obliged to perform Quarantine, fhall refufe, or neglect, to
repair to the Houſe of Lazaret, or having been placed therein thall
attempt
to eſcape before Quarantine be fully performed; any of the Perfons-appointed
to ſee Quarantine performed, may compel them to repair of return to the
Houſe, &c. appointed; and every perſon fo refuſing, or neglecting, or
cfcaping, ſhall ſuffer Death as a Felona
All Perſons liable to perform Quarantine, whether in Ships, Lazárets, or
elſewhere, ſhall be ſubject, during ſuch Quarantine, to-fuch Orders as they
fhall receive from the proper Officers; and the ſaid Officers are to enforce all
neceſſary Obedience to their Orders, and may, in Cafe of Neceſſity, call in
other Perſons to their Aſſiſtance; and all Perfons called are required to affift.
If any Perfon; not liable to perform Quarantine, fhall enter any 'Lazaret, &c.
whilſt any Perſons under Quarantine fhall be therein, ſuch Perfon Thall be con-
fined there to perform Quarantine by the proper Officers: And in Cafe he ſhall
eſcape out of the Lazaret, ſhall be guilty of Felony, and ſuffer Death
accordingly.
If any Officer, appointed to execute any Orders made concerning Quarantine,
fhall be guilty of any wilful Breach or Neglect of his Duty, fuch Perfon ſhall
forfeit his Employment, and one Hundred Pounds, and be incapable of hold-
ing ſuch Office for the future.
All Goods liable to retain Infection, as fhall be particularly fpecified in any
Orders made concerning Quarantine, which ſhall be imported into any of his
Majeſty's Dominions from any foreign country in any Ship whatſoever, thall
be liable to ſuch Orders made concerning Quarantine.
After Quarantine ſhall have been duly performed, upon Proof to be made on
Oath by the Maſter and two other Perſons belonging to the Veſſel, or of two
or three creditable Witneſſes, to be made before the Cuſtomer, Comptroller,
or Collector of the Port, or the next Port, where Quarantines ſhall be per-
formed, or before any of their Deputies, or any Juſtice of the Peace living near
fuch Port, or if in the Ifles of Guernſey, "Yerfey, Alderney, Sark, or Man, before
any two Jurats or Magiſtrates, that ſuch Vefſel, and all and every ſuch Perſons
are free from Infection ; and after producing a Certificate ſigned by the Chief
Officer, who ſuperintended the Quarantine of that Ship, then ſuch Cuſtomer,
&c. are required to give a Certificate thereof; and thereupon ſuch Ship, and
all Perſons belonging to her, fhall be liable to no further Reſtraint or Deter-
tion upon the ſame Account for which Quarantine ſhall have been performed.
The Officer neither for Oath nor Certificate, thall take any Fee or Reward.
Provided nevertheleſs, that all Goods, Wares, and Merchandize, ſhall be
opened and aired as ſhall be directed in the Order for Quarantine; and after
fuch Orders have been duly complied with, the Goods Thall be diſcharged
with a proper Certificate, in the ſame Manner as the Ship, &c.
Any Officer that ſhall demand or take any Fee, to forfeit one Hundred Pounds
with treble Cofts of Suit.
If any Perſon, appointed to fee Quarantine duly performed, or placed as a
Watchman upon any Houſe, Lazaret, Ship, or other place for Performance of
Quarantine, fhall deſert from their Duty, or wilfully permit any Perfon, Ship,
Goods, or Merchandizes, to depart or be conveyed out of ſuch Houfe, &c.
or if any Perfon give a falfe Certificate of a Ship's having duly performed her
Quarantine or Airing, every fuch Perſon thall fuffer Death as a Felon.
2
If
OF BILLS OF HEALTH.
299

If any perſon ſhall conceal from the Officers of Quarantine, or convey
Letters, Goods, Wares, or Merchandizes from any Ship under Quarantine, or
liable to perform Quarantine, or from any Lazaret; &c. where Goods ſhallbe
performing Quarantine, every ſuch Perſon ſhall ſuffer
Death.
When any Part of Great Britain, Ireland, Guernſey, Jerſey, Alderney, Sark,
or Man, or France, Spain, Portugal
, or the Low Countries, ſhall be infected
with the Plague, his Majeſty, by Proclamation, may prohibit all Boats and
Veſſels under 20 Tons Burthen, from ſailing out of any Place in Great Britain,
&c. until Security be firſt given by the Maſter, to the Satisfaction of the princi-
pal Officer of the Cuſtoms, or Chief Magiſtrate of the Place from whence ſuch
Veſſel ſhall fail, by Bond, with ſufficient Securities, in the Penalty of 300l.
with Condition, that if ſuch Veſſel ſhall not touch at any Place mentioned in
the Proclamation; and if the Maſter, Mariners, and Paſſengers do not go on
board any other Veſſel at Sea, and if ſuch Maſters ſhall not permit any Perſons
to come on board from any other Veſſel, and ſhall not receive any Goods, &c.
out of any other Veſſel, then ſuch Bond Ihall.
ſhall be void ; if
any
Vefſel ſhall go
before fuch Security be given, every ſuch Vefſel with her Tackle, Apparel, and
Furniture, ſhall be forfeited to the King, and may be ſeized: And the Maſter
and every Mariner, upon the Oath of a credible Witneſs before a Juſtice of
Peace, where ſuch Offenders ſhall be found, ſhall forfeit the Sum of twenty
Pounds, one Moiety to the Informer, the other to the Poor of the Pariſh, where
ſuch Offenders ſhall be found; the fame to be levied by Diſtreſs; and Sale of the
Offender's Goods, by Warrant under the Hand and Seal of the Juſtice, before
whom ſuch Offender ſhall be convicted: And for Want of ſufficient Diſtreſs,
the Offender to be ſent to Priſon for three Months,
By this Act, the Place of Quarantine is changed from New Grimſby, and ap- 29 Geo. Il,
pointed at St. Helen's Pools between the uninhabited Ilands of St. Helen's
Jean and North Withell, in the Iſland of Scilly, or to ſuch other Place as his
Majeſty, with the Advice of his Privy Council ſhall appoint.
The following is the form of an Engliſh Bill of Health, which is given at
the Cuſtom-boufe (figned by the Benchers) and coſts five Shillings, viz.
MNIBUS Chrifti fidelibus, ad quos præſentes Literæ pervenerint, nos
O
miniſtri ſereniſſimi principis Domini noftri GeorGII Tertii Regis in
portu civitatis Londini Salutem.Cum pium fic achoneſtum veritati teſtimo-
nium perhibere, ne error & deceptio præjudicii ipfam opprimat: Cumque na-
** vis noncupata
“ nauclerus ſub Deo eft
quæ jam parata eſt a portu dictæ civitatis Londini diſcedere & ab hinc Deo
& alia loca tranſmarina cum
“ in eadem nave adpellere ; hinc eft quòd univerſitati veſtræ tenore præfentium
“ innotefcimus fidemque indubitatam facimus; quòd (Deo optimo maximoſum-
ma laus attribuatur) in hâc di&tâ civitate nulla Peſtis, Plaga, nec Morbus
" aliquis periculoſus, aut contagioſus, ad præſens exiſtit; in cujus rei teſtimoni-
* um ſigillum officii noftri apponi fecimus. Datum hoc in regio telonio civitatis
** Londini predictæ
anno falutis Chriſtianæ ſecundùm computationem Ecclefiæ Anglicanæ milefimo
" leptingentefimo
annoque regni dicti ſereniffimi Domini
“ noftri GEORGII Terti Dei gratia Magna Britannia, &c. Fidei Defenforis,&c.”
The ſubſequent is copied from a Bill of Health, given at Alicant in Spain,
being the ſame with thoſe of all the other Parts of that Kingdom; and differing
only in Form, from thoſe of Italy and other Parts, this Duplicate may ſuffice to
thew the Nature and Contents of them all.
cujus
is volente pro
TNIVERSIS cujusvis auctoritatis falutem in Domino; nos regimen
illuſtris civitatis Alicantis, & Villæ de Muchamel. Teſtamur, quod
"dicta civitas & villa (Deo auſpice) optimâ gaudent ſalute, & nullius contagioſi
UY
morbi
200
OF EMBARGOES OR RESTRAINT .
or
cum
N. P. 1
TV
ſerve.
OSO
de
na afſervit viam
sobredimus. Datis Alicantis,
or
noftro
aboo
yos
,
ou noliston vio9
dirigis verſus
quare oramus ut illa
« ejuſque nautæ, fimul cun mercibus, abfque dubio de valitudine perſonarum,
“ & locorum unde veniunt, recipiantur. In quorum fidem has noitras Literas
Scrivæ noſtri firmitas, & figillo Mayori noftræ civitatis munitas illi
lietot
anno à
à Nativitate Domini.” M at yd as rigirnod yievoos lino
.loos to visi
Pro illuftri & femper fideliffimâ civitate Alicantis, tomos
ni who was on a big shots i tot nodibo
Cash bre peintul si ni bostojisml01 ona
cohes Of Embargoes or Reſtraints of Princesto var brand
33
PuV 19:10 yrs moit birodno 9noo os
N Embargo is commonly underſtood to be a Prohibition of Ships failing on
War
;
but it has a much more extenſive Signification, as they are not only ſtopped
from the aforementioned Motives, but are frequently detained to ſerve a Prince
in an Expedition, and for this have often their Loading taken outif a fufficient
Number of empty ones are not procurable to ſupply the State's Neceſſity, and
this without any Regard to the Colours they bear, or whoſe Subjects they are;
ſo that it frequently happens, that many of the European Nations may be for-
cībly united in the fame Service, at a Juncture that moſt of their Sovereigns
are at Peace and in Amity with the Nation againſt which they are obliged to
131 692 01:37
Soine have doubted of the Legality of the Thing, but it is certainly conform-
able to the Law both of Nature, and Nations, for a Prince in Diſtrefs to make
Uſe of whatever Veſſels he finds in his Ports, that are fit for his Purpoſe, and
may contribute to the Succeſſes of his Enterprizes; but under this Condition,
that he makes them a reafonable Recompence for their Trouble, and does not
expoſe either the Ships or Men to any Lofs or Damage.63
An Embargo laid on Ships and Merchandiſe in
in the Ports
Virtue of the King's Proclamation is ſtrictly legal, when the Proclamation does
not contradict the old Laws, or tend to eſtabliſh new ones; but only to enforce
the Execution of fuch Laws as are already in being, in ſuch Manner as the King
ſhall judge neceſſary: Thus the eſtabliſhed Law is, that the King may prohibit
ány of his Subjects 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 Ad of Parliament, becauſe found
ed upon a prior Law. Blackſtone's Comment. Vol. I. p. 270.
But beſides Embargoes in Time of w
of War, there are others of a ſpecial Nature,
which ſometimes ariſe from a very extraordinary Emergency in Time of Peace,
and which are founded upon State Neceffity, or the Salus Populi ; yet the Procla-
mations by which they are laid may be illegal, contradicting an eſtabliſhed
Law. This was the Cafe refpecting the Embargo to prevent the Exportation of
Corn in 1766; ſuch Exportation being allowed by Law at the Time;
therefore the Preamble to the Stat. 7 Geo. III. C. 7. for indemnifying all Perſons
adviſing or acting under the Order of Council, laying an Embargo on all Ships
laden with Corn or Flour (during the Receſs of Parliament in 1766) ſays,
a which Order could not be juftified times
by Law, but was ſo much for the Service
e of the Public; and fo neceſſary Safetyand Preſervation of his Majeſty's
• Subjects, that it ought to be juſtified by A&t of Parliament”. This Embargo
(as was allowed) faved the People from Famine; yet it was declared illegal by
the above Act of the Legiſlature (including the King himſelf who laid it)
which was therefore needful to ſanctify it; and the Proprietors of the embargoed
Ships and Cargoes were accordingly indemnified by Government.
103 og slika 89 nebusg Articolor


and
3
OF PROTECTIONS AND PASSPORTS.
261
P
C. 8.
and :
Of Protections, Paſports, and Safe Conducts.
ASSPORTS are commonly granted to Friends, and SAFE CONDUCTS
to Enemies, though Cuſtom has made the Meaning of thoſe Terms to be
much the fame in this Place: In a military Treatiſe they would be differently.
conſtrued; but they only fignify here that Protection a Prince affords to either
Ships or Men, againſt the aforementioned Embargoes, or his granting to ſome
Individuals a Leave to trade, denied to others, or his Permiſlion for them to
come into his Kingdom while a general Prohibition ſubſiſts, and ſometimes
even during a War with the State whoſe Subjects they are.
This has often happened in our Diſputes with Spain, where our Ships went
currently in the Beginning of the War commenced in 1718, and on many other
Occaſions, under the Protection of a Paſs, which his Catholick Majeſty grant-
ed to ſeveral, and which ſerved for one Voyage; theſe Paſſes had Blanks left for
the Names of Ships, Captains, &c. and at firſt coſt about twenty Dollars.;
though when a Stop was put to granting any more, their Price roſe in Propor-
tion to their Scarcity; and the few who had any remaining, made a very confi-
derable Advantage of them: The ſame has been practiſed by many of our for-
mer Kings, and confirmed by ſeveral ſubſequent Acts, viz.
In all Safe-Conducts to be granted to any Perſons, the Names of them, of 15. Hen, VI.
the Ships, and of the Maſters, and the Number of the Mariners, with the
C. 3:
Portage of the Ships, ſhall be expreffed.
Merchants Aliens may load Ships of Spain, and other Parts, Adverfaries and 18. Her. VI.
Enemies of the King, if the Maſters or Merchants of fuch Ships, have Letters
Patent of the King of his Safe Conduct, making Mention of the Name of the
Ships, and of the Maſters; and if any ſuch Ship charged with ſuch Merchan-
diſes of ſuch Merchants be taken upon this Sea, by the King's People, not
having the King's Letters Patent within the Board of ſuch Ships, at the Day of
the taking, nor that ſuch Letters Patent be in the Chancery inrolled, the Takers
may enjoy the ſame.
All Letters of Safe Conduct to be granted to the King's Enemies, or others, 20 Her. VI.
ſhall be inrolled in Chancery, before ſuch Letters be delivered; and all Letters C. 1. S. 2.
of Safe Conduct, not inrolled before Delivery, ſhall be void.
If any Goods be taken by the Subjects of the King upon the Sea, charged in S. 3.
any Ship belonging to Enemies, not having Letters of Safe Conduct inrolled,
they that take the Goods ſhall them enjoy.
The Subjects taking ſuch Ships, not having Letters of Safe Conduct within s. 4.
the ſaid Ships, and bringing them within the Realm, ſhall not be endamaged
for ſuch taking, if they be ready to make Reſtitution, within reaſonable Time
after Knowledge is made to them of the Letters of Safe Conduct, inrolled in
Chancery before the taking.
If any Subjects attempt to offend upon the Sea, or in any Port under the 31 Hen. VI.
King's Obedience, againſt any Strangers in Amity, League, or Truce
, or by
Safe Conduct, the Chancellor ſhall have Authority to cauſe ſuch Perſon to be
delivered, and the Goods or Ship taken to be reſtored, &c.
If any perſon thall within his Majeſty's Dominions, or without, falſely forge 4 Geo. II.
or counterfeit
, any Paſs for any Ship, commonly called a Mediterranean Pais,
Cap. 18.8.1.
or ſhall alter or eraſe any Paſs made out by the Commiſſioners for executing the
Office of Lord High Admiral; or ihall publiſh as true any forged, altered, or
eraſed Paſs, knowing the ſame to be forged, &c. every ſuch Perſon being con-
victed in Great Britain or Ireland, or his Majeſty's Plantations, where ſuch
Offence ſhall be committéd, Ahall be guilty of Felony without Benefit of
There was formerly appointed in theſe Realms a Conſervator of Safe Conducts,
as the ſame Perſon had alſo the Care of Truces, it naturally leads me to
treat of them.

Clergy.
3 X
Of
362
LEAGUES AND TRUCES.
OF
Of Leagues and Truces.
L
EAGUES or TRUCES are either with Enemies, Friends, or Neuters,
and thoſe made with the former are for a limited Time, or perpetual.
Perpetual is where Peace finiſhes all Diſputes, and reſtores a perfect Amity
between the contracting Parties.
And Treaties for a Time are termed TRUCES, which are alſo general or par-
ficular.
General Truces include all the States of both Princes, in regard to their Sub-
jects and Commerce, whilſt particular ones are only for certain Places, or certain
Perſons, with a Limitation of their Trade, and ſometimes go no farther than a
bare Suſpenſion of Arms.
A Truce, however, whether general or particular, is an Agreement, on a Cer-
fation of all Hoftilities during the Time ftipulated, and ought not to be infringed
or broken, on any Account; it frequently is a Parent of Peace, as it allows
Room for Confideration, and to treat of it, and beſides affords Opportunity for
fettling the jarring Intereſts of Princes, who are to be comprehended in it.
A general Truce is ſometimes ſettled for ſo long a Term, as to become equal
to a Peace, and ſuch are commonly made betwixt Princes, equal in Power, who
are unwilling to quit any Thing of their ſuppoſed Right by Peace, and yet deſire
to live quietly in their prefent State, and by this Medium ſatisfy their Point of
Honour. Such Truces are likewiſe (from the foregoing Confiderations) leſs fub-
ject to a Breach than a Peace that is made perpetual, as Princes who by this lat-
ter find themſelves aggrieved, will ſeek out plauſible.Reaſons to forſake of
evade it; but in the other, when the limited Time is expired, they have only to
senew or excuſe it.
Rot. Parlt. 4 Some Alliances are contracted for an Enterprize, and for one fole Effect, in
H.V.Num.4. that Part in which the Allies are intereſted, and theſe are generally called
Intit. 156. Leagues, and have been fometimes here confirmed by Axt of Parliament, and are
ſuch Agreements as are always made by Command of the ſupreme Power; and
theſe, as well as Safe Conduits are, or ought to be of Record, that is, inrolled
in Chancery, that the Subjects may know who are Friends, and can have Ac.
tions perſonal here, or who the contrary, and can have none.
Leagues commonly are offenhve, and the ordinary Cauſes for which Princes
and Republicks make them, are either to facilitate a Conqueſt, or to balance
the Power of an ambitious and enterprizing Neighbour ; fuch were thoſe en-
tered into againſt the Opulency and growing Greatneſs of the Spaniards; and
fince in Oppoſition to the Attempts of Lewis XIV. to acquire univerſal Monarchy.
But though Leagues are generally offenhue, yet many are confined only to the
defenhve Part, and theſe entered into with the fole View of guarding againſt
the ſiniſter Intentions or Attempts of any vicinal Power, of which I might
produce many Inſtances; but as what I have already faid on the Subject may
fuffice for a Place in a Mercantile Treatiſe, I ſhall not intrude any farther on my
Reader's Time or Patience, by enlarging on it, but proceed to the Articles,

4 Inftit. 152.
Of Proclamations for War and Peace.
TH
HE 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 exerciſed by them, yet they have ſeldom failed to aſk the Advice of Par-
liament in both Caſes, and generally War or Peace are approved and confirmed
by Parliament. Moreover, if the Conditions of Peace are found to be diſhonour-
able or diſadvantageous to the Nation, by a Majority of the Repreſentatives of
the People in Parliament, or of the Peers, an Impeachment will lie againſt the
Miniſters who have adviſed them, for the King can do no Wrong. And the
fame Courſe may be taken when the Nation is improperly plunged in a War by the
Mal.
263
ti je jects, who may entertain
ÓF PROCLAMATION S.
Mal-adminiſtration of the King's Servants. There are two Methods of engaging
in a War with a foreign State, the firſt, and the moſt honourable is by a folemn
Declaration publicly proclaimed, Copies of which are ſent off to all the Britiſh
Ambaſſadors, Miniſters, and Conſuls, reſiding in the different Countries, and at
the Courts of all foreign Princes. This ferves as a general Notice of the Rup-
ture between the two Powers being irreconcileable by Negociation, and prepares
tħe Subjects of each State, ſo that they may regulate their commercial Con-
cerns accordingly. This Practice is founded on the Law of Nations, and
uſed formerly to be one of the Criterions by which we diſtinguiſhed a
civilized People from Barbarians.
At preſent, a fatal change in the Syſtem of Politics has taken Place; and
the European Powers make no Scruple of going to Var, without making the
Hopes of a Reconciliation of Differences, fo Hong ąs ſuch Declarations are
ſuſpended, and may venture their Property on the Ocean, under the Sanction
of Peace, not imagining that Privateers and Ships of War will be autho-
rized to ſeize them prior to a Declaration of War. No Nation can properly
juſtify this Conduct, and Poſterity will load with Reproaches the Names of
thoſe Stateſmen, whether Spaniſh, French, or Britiſh, who firſt brought this
foul Practice into Uſe,
It was uſual by Declarations of War to cut off all Intercourſe with
the Enemies of our Country, but ſince the late Cuſtom of going to War
without any public Proclamation, Intercourſes have been carried on highly
detrimental to public Affairs, by thoſe who perhaps did not look upon them-
ſelves as Traitors to their King and Country, whereas if a Proclamation had
declared ſuch Correſpondence to be treaſonable, they would not have carried
it on.
War and Peace are always proclaimed by the Herald at Arms, accompanies
by proper Notaries and a Body of the Life Guards; and when they enter the
City of London, they are joined by ſome of the City Officers : The Procla-
mation is read by the Notaries to the Herald who repeats it (all being bare-
headed) firſt at St. James's
, then at Charing-Croſs, Temple-Bar, Cheapfide, and
the Royal-Exchange.
When War is proclaimed, it is cuſtomary to prohibit (though not always)
all Commerce with the Enemy, by interdicting the Entrance of any of the
Commodities of his Country into our's, as was done in the War with Spain
in 1740, by the following Act of Parliament, viz.
The Preamble ſets forth that the repeated Inſults, Depredations, and 13 Geo. I
Cruelties of the Spaniards had obliged his Majeſty to make Uſe of the Power P. 543.
which God had given him, to vindicate the Honour of his Crown, and ſecure
to his Subjects their undoubted Rights and Privileges of Navigation and Com-
merce; and in Order thereto, his Majeſty, on juſt and honourable Grounds,
had thought fit to declare War with Spain ; and it being highly requiſite to
prohibit all Commerce between his Majeſty's Subjects, and thoſe of Spain in
Europe,
and to enforce fuch Prohibitions by ſevere Penalties, It is enacted,
that from and after the iſt Day of June, 1740, no Goods whatever, of the P. 5448
Growth or Manufacture of Old Spain, lying in Europe, or of the Canary Iſlands
(except Goods taken and condemned as lawful Prize, and ordered to be ſold
as periſhable) during the preſent War with Spain, ſhall be imported into
Great Britain or Ireland, or the Idles of Jerſey, Guernſey, Alderney, Sark, Man,
Minorca, or the Town of Gibraltar, from any Place, mixed or unmixed with
the Commodities of the Growth or Product of any other Nation, on Penalty
of Forfeiture of ſuch Goods, and treble the Value, and of the Ship or Vefſel,
with all her Furniture, &c.
This Act does not extend to hinder ſuch Commodities belonging to the
Kingdom of Spain, which ſhall be imported to Minorca or Gibraltar, on or
before the iſt of May, 1740, from being imported into Great-Britain, on or
before the 24th of June, 1740, in Britiſh built Shipping, navigated accord-
ing to Law, and proved on Oath before the Commiffioners of the Cuſtoms,


5
in
1
264
E
OF THE ADMIRAL TY,
in the Port of London, or before the Collector and Comptroller in any other
Port of Great-Britain, who are to give ſuch Oath, and enquire into the Truth,
whether ſuch Goods were imported into Minorca or Gibraltar, before the ift
Day of May.
If any Diſpute ariſe, whether the Commodities ſeized for having been im-
ported as aforeſaid, or any Part thereof, ſingle or mixed, were of the Growth
or Manufacture of Spain, or imported contrary to this Act ; the Proof Thall
be made by the Importer or Claimer, and not by the Informer or Officer; and
in Default of ſuch Proof, then Judgement ſhall be given for Recovery of the
Forfeiture, and Execution immediately granted : And if any Informer or other
Perſon, who ſhall ſeize or proſecute any Goods or Commodities, by Virtue of
this Act ſhall, by Fraud or Colluſion, delay the ſaid Proſecution, or the Pro-
ſecution of any Perſon offending againſt this Act, he ſhall forfeit 500l. for
It is further enacted, that his Majeſty, at any Time during the War, may
'
by Proclamation, or Order in Council, to be publiſhed in the London Gazette,
take off the ſaid Prohibition; and thereupon ſuch Goods may be imported,
being firſt duly entered, and paying the Cuſtoms.
No Perfon ſhall be admitted to enter a Claim to ſuch Seizure, without giv-
ing rool. Security, to anſwer all Charges of Proſecution ; and in Default, the
ſaid Seizure ſhall be condemned.
No Goods ſeized and condemned in the ſaid Iſlands of Jerſey, &c. or in
Gibraltar, by Virtue of this Act, ſhall be imported into Great-Britain or
Ireland, on any Pretence whatſoever, on Penalty of forfeiting the ſame, and
treble the Value, and alſo the Ship importing the faine, with her Tackle,
Ammunition, &c. to be divided, as if ſuch Ships and Goods had been im-
ported from foreign Parts, contrary to this Act, &c.


every Offence.
P. 346.
P. 547

I
A
owe
Of the Admiralty.
S the Kingdom of Great-Britain is on all Sides ſurrounded by the Sea,
there will ever be a Neceſſity for a ſtrong Maritime Force to protect and
defend it; our Wooden Walls are our Bulwarks and Redoubts, to which we
our Safety, and the Protection of that advantageous Commerce we
1 carry on
And for tranſacting of Marine Affairs, the Lord High Admiral hath Courts
of his own, of which that at London is principal and chief, where all Proceſs
and Proceedings run in his Name, and not in the King's, as they do in all the
Courts of Common Law. The firſt Title of Admiral of England, expreſsly
conferred upon a Subject, was given by Patent of King Richard II. to the Earl
of Arundel and Surry; and it appears, that anciently he had Juriſdiction of
all Cauſes of Merchants and Mariners, happening not only upon the main
Sea, but in all foreign Parts, within the King's Dominions, and without
4 Inſt. 75. them, and was to judge them in a ſummary Way, according to the Laws of
Oleron and others.
In the Reign of Edward III, the Court of Admiralty was eſtabliſhed, and
Rich. II. limited its Juriſdiction. Of late Times this high Office, has been
generally executed by Commiſſioners, who by Statute are impowered to uſe
and execute the fame Authorities as were formerly exerciſed by the Lord
High Admiral.
But the Requiſites, are (on every New Commiſſion being made out) reſigned,
by ſome Deed or Writing to the Crown. The Number of Commiſſioners is
not limited by Statute, but, for many Years paſt, the Commiſſions have
confifted of a Firſt Commiſſioner, who preſides at the Board, and fix others
who take Place in the Order in which they are named in the Commiſſions,
They are ſtiled Lords of the Admiralty, and the Firſt Lord, is, in Efect, Lord
High Admiral, having the ſupreme Direction of the Board, except that no
Orders or Commiſſions are valid when figned by him alone, it being neceſſary
for

2 W. and M.
C, 2.
yen
JURISDICTION OF THE ADMIRALTY.
265
for two more to ſign with him, notwithſtanding which he is not to be
commanded by them.
Subject to this Authority are all the Naval Officers and Shipping, and all
the Marine Boards, as the Navy-Office, Viktualling-Office, Sick and Wounded
Offices, Deptford, Woolwich, Chatham, Sheerneſs, Plymouth, and Portſmouth
Dack-Yards. As are alſo all the Ships and Veſſels of War; their Admirals,
Commanders, Lieutenants, Officers, and Men.
The Lords Commiſſioners of the Admiralty have the general Direction of
the Affairs of the Navy, they determine the Number and Size of the Ships
to be built, repaired, and put into Commiſſion; but it is a vulgar Error to
ſuppoſe that the Firſt Lord has the Appointment of the Deſtination of Fleets
in Time of War, he has only his Vote as a ſingle Miniſter in the Cabinet
Council, though being at the Head of the Marine Department, his Advice
may
influence the Determinations of the King, and the Reſt of his Miniſters.
The Admiralty grant their Commiſſions to ſuch Perſon as his Majeſty di-
rects, whereby he is appointed Admiral and Commander in Chief of the
Fleet, for the Expedition which is deſigned. And ſuch Admiral, when out
of the Britiſh Channel, appoints all Officers, as Vacancies happen, who muſt
be, and generally are, confirmed by the Admiralty, if no very material Objec-
tion occurs.

15 Ric. II.
Juriſdiction of the Admiralty.
THE Juriſdiction of the Lord High Admiral or of the Lords Commiſſion-
ers for executing the Office, is over Great-Britain, Ireland, and Wales,
with the Dominions and Iſlands belonging to them. As alſo over all his Ma-
jeſty's Colonies, Plantations, Factories, and other Settlements, Dominions,
and Territories whatſoever in Parts beyond the Seas.
The Admiralty hath Cognizance of the Death, or maiming a Man, com-
mitted in any Ship riding in great Rivers, beneath the Bridges thereof, near 1. 3. S. 2.
the Sea.
But if a Man be killed on any Arm of the Sea, where the Land is ſeen on 3 Rep. 107.
both Sides, the Coroner is by Common Law to inquire of it, and not the Ad-
miral, for the County may take Cognizance of it; and where a County may
enquire the Lord Admiral has no Juriſdiction.
All Ports and Havens (as has been before obſerved) are Infra Corpus Comitatus, 3 Inft. 113.
where the Admiral has no Juriſdiction, and between High and Low-Water
Mark, he and the Common Law have it by Turns, one upon the Water, and
the other upon the Land.
The Admiral hath Power to arreſt Ships for the Service of the King or Com-
monwealth ; and every Commander, Officer, or Soldier of Ships of War, ſhall c. 9.
obſerve the Admiral's Commands, &c. on Pain of Death or other Puniſhment,
The Lord Admiral hath Power to grant Commiſſion to inferior Admirals, Ditto.
&c. to call Courts Martial for the Trial of Offences againſt the Articles of
War, and theſe Courts determine by Plurality of Voices, &c.
An Admiralty Proceſs is made out in the Admiral's Name, whe has under
him a Judge, commonly fome learned Civilian, and though the Proceedings
are according to Civil Law, and the Maritime Laws of Rhodes and Oleron (the
Sea being without the Common Law) yet by Stat. 28 Hen. VIII. Murder,
Robbery, &c. at Sea, may be tried by ſpecial Commiſſion to the Lord Admi-
ral, &c. according to the Laws of England.
The Admiralty is ſaid to be no Court of Record, on Account of its pro- 4 Inft. 133.
ceeding by the Civil Lare.
But the Admiralty has Juriſdi&tion where the Common Law can give no 6 Rep.
Remedy; and all Maritime Cauſes, or Cauſes ariſing wholly upon the Sea, it
hath Cognizance of.
The Admiralty hath Juriſdiction in
Breach of Charter-Parties, though made
Cafes of Freight, Mariners Wages, 2 Cro. 216,
be


13 Car. II.
See i vand 12
W. III. C. 7.
3 Y
266
JURISDICTION OFAUT

not only again
1 Salk 33.
Wood Inſt.
818.
4
Leon. 257.
Heb. ii.
The Court of Admir Sint hold Plea of a Matter ariſing from a Contract
, &.
be not demanded ; and likewiſe in Caſe of building, mending, faving, and
victualling Ships, &c. ſo as the Suit be againſt the Ship, and not only againſt
the Parties. tad
Mariners Wagės are contracted on the Credit of the Ship, and they may all
join Suits in the Admiralty, whereas in Common Law they muſt all fever ;
and on the contrary, the Maſter of a Ship contracts on the Owners Credit, and
not the Ship’s, and therefore he cannot profecute in the Admiralty for his
Wages.
fulsiimba on 20 i soittaneo abae so
It is allowed by the common Lawyers and Civilians, that the Lord Admiral
has Cognizance of Seamen’s Wages, and Contracts, and Debts for making Ships ;
alſo of Things done in navigable Rivers, concerning Damages to Perſons,
Ships, Goods, Annoyances of free Paſſage, &c. of Contracts, and other Things
done beyond Sea, relating to Navigation and Marine Trade. doperis
2 Bulft. 322. But if a Contract be made beyond Sea, for doing of an Ad, or Payment of
Money within this Kingdom, or the Contract is upon the Sea, and not for a
Marine Cauſe, it ſhall be tried by Jury; for where Part belongs to the Com-
mon Law, and Part to the Admiral, the Common Law ſhall be preferred; and
Contracts made beyond Sea, may be tried in B. R. and a Fact be laid to be done
in any Place in England, and ſo tried here. ben
Where a Contract is made in England, and there is a Converſion beyond
Sea, the Party may ſue in the Admiralty, or at Common Law.
So where a Bond is made and delivered in France : An Obligation made at
Sea, it has been held, cannot be fued in the Admiral's Court, becauſe it takes
its Courſe, and
and according to
3 Lev. 60.
made upon the
the Land, though the Contract was concerning Things belonging
to the Ship; but the Admiralty may hold Plea for the Seamen's Wages, &c.
becauſe they become due for Labour done on the Sea ; and the Contract made
upon Land is only to aſcertain them.
Though where there is a ſpecial Agreement in Writing, by which Seameri
See Hob. 79. are to receive their Wages in any other Manner than uſual ; or if the Agree-
ment at Land be under Seal, ſo as to be more than a Parole Contract, it is
otherwiſe.
18 de nous toan a Farol
i Lill. 368.
If Goods delivered on Shipboard are embezzled, all the Mariners ought to
contribute to the Satisfaction of the Party who is the Sufferer, by the Maritime
Law, and the Cauſe is to be tried in the Admiralty.
March Rep.
By the Cuſtom of the Admiralty, Goods may be attached in the Hands of a
third Perfon, in Cauſa Maritima & Civili, and they fhall be delivered to the
Plaintiff after Defaults, on Caution to reſtore them, if the Debt, &c. be dif-
proved in a Year and a Day; and if the Party refuſe to deliver them, he may
be impriſoned quofque, &c.
The Court of Admiralty may cauſe a Party to enter into a Bond, in Nature
i Shep. of Caution or Stipulation, like Bail at Common Law; and if he render his
See i Salk.33.
Body, the Sureties are diſcharged; and Execution ſhall be of the Goods or the
Some Sailors Clothes were bought in the Pariſh of St. Catharine, near the
Hughes Abr. Tower, London, and were delivered in the Ship; on a Suit in the Admiralty for
the Money, Prohibition was granted; for this was within the County : The
ſame of a Ship at Blackwall, &c.
But the Admiralty may proceed againſt a Ship, and the Sails, and Tackle,
when they are on Shore, although alledged to be detained on Land; yet upon
alledging Offer of a Plea, claiming Property therein, and Refuſal of the Plea,
on this Suggeſtion a Prohibition ſhall be had.
The Admiralty Court may award Execution upon Land, though not hold
Plea on any Thing ariſing on Land.
And upon Letters Miſlive or Requeſt, the Admiralty here may award Execu-
tion, on a Judgement given beyond Sea, where an Engliſhman flies, or comes
over hither, by Impriſonment of the Party who Thall not be delivered by the
Common Law,

1 Salk. 31.

204:
Godh. 260.
Abr.
129.
Owen 1 22.
113
1 Sbow. 179.
Inkt. 141.
4
i Roll's Abrid.
530,
1 * Slan
3
When
THE A D M IR A L T Y.
2.67
C. 5.
When Sentence is given in a foreign Admiralty, the Party may libel for sid. 418.
Execution of that Sentence here; becauſe all Courts of Admiralty in Europe
are governed by the Civil Law.
Sentences of any Admiralty in another Kingdom are to be credited, that Raym. 437
our's
may
be credited there, and ſhall not be examined at Law here; but the
King may be petitioned, who may cauſe the Complaint to be examined ; and
if he finds juſt Cauſe, may ſend to his Ambaſſador where the Sentence was
given, to demand Redreſs, and upon Failure thereof, will grant Letters of
Marque and Repriſal.
If one be ſued in the Admiralty, contrary to the Statutes 13 and 15 R. II. 10 Rep. 75.
he may have a Super fedeas, to cauſe the Judge to ſtay the Proceedings, and
alſo have Action againſt the Party ſueing.
A Ship being privately arreſted by Admiralty Proceſs only, and no Suit, it 1 Salki 31,32.
was adjudged a Proſecution within the Meaning of the Statutes, and double
Damages, &c. ſhall be recovered.
And if an erroneous Judgement is given in the Admiralty; Appeal may be
had to Delegates appointed by Commiſſion out of Chancery, whoſe Sentence
ſhall be final.
The Lord High Admiral of Great-Britain doth, by Virtue of his Place, Stat: 8 Eliz:
appoint in diverſe Parts of the Kingdom, his ſeveral Subſtitutes, or Vice-
Admirals, with their Judges and Marſhals, by Patent under the Great Seal
of the High Court of Admiralty, which Vice-Admirals and Judges do exer-
ciſe Juriſdiction in Maritime Affairs, within their ſeveral Liinits; and in
Caſe any Perſon be aggrieved by any Sentence or Interlocutory Decree that has
the Force of a definitive Sentence, he may appeal to the High Court of
Admiraltyd
Beſides the above mentioned Vice-Admirals, &c. the Lord High Admiral
hath under him many Officers differing in Degrees and Qualities, as ſome
are of a military, and others of a civil Capacity, ſome judicial and others
miniſterial; ſo that the Marine Juriſdiction may juſtly be deemed a ſeparate
Commonwealth or Kingdom, and the Lord High Admiral be reputed as a
Viceroy of it.
There is under this Court, a Court of Equity for determining Differences
between Merchants; and in criminal Affairs, which is commonly about Piracy;
the Proceeding in this Court was formerly by Accuſation and Information,
according to the Civil Law, by a Man's own Confeſſion, or Eye-Witneſſes, by
which any one was to be proved guilty before he could be condemned; but
that being found inconvenient, there were two Statutes made by Hen. VIII.
that criminal Affairs ſhould be tried by Witneſſes and a Jury, and this by a
fpecial Commiſſion of the King to the Lord Adiniral, wherein ſome of the
Judges of the Realm are ever Commiſſioners, and the Trial, according to the
Laws of England, directed by thoſe Statutes.
There ſeems to be Diviſum Imperium between the Common Law of England
and the Admiralty, for ſo far as Low-Water Mark is obſerved in the Sea, is
counted Infra Corpus Comitatus adjacentis, and the Cauſes thence ariſing are
determinable by the Common Law; yet when the Sea is full, the Admiral
hath Juriſdiction here alſo (ſo long as the Sea flows) over Matters done
between the Low-Water Mark and the Land, as appears in Sir Henry Conſtable's
Caſe.
The Management of the Navy Royal under the Lord High Admiral, is 5 Rep. Coké,
committed to the Care of the principal Officers and Commiſſioners of it;
and as all the Laws for regulating and ordering his Majeſty's Navies and Forces
by Sea, were in the 22 Geo. II. collected and formed into one Body, I have
determined to give my Reader an Abſtract of it, in hopes the inſpecting ſo
excellent a Code may afford him a Pleaſure.
The Preamble ſets forth, that the ſeveral Sea Laws having been found not
to be ſo full, clear, expedient, or conſiſtent with each other, as they ought
to be, therefore to amend and explain the ſame, and to reduce them into one
uniform Act, It is enacted, that from and after the 25th of December, 1749,
the




P. 137
268
JURISDICTION O F
22 Geo. II.
P. 690.
,
the Articles and Orders following, as well in Time of Peace as in War, ſhall
P. 609.
be obſerved and put in Execution in Manner herein after mentioned:
1. All Commanders, Captains, &c. of his Majeſty's Ships of War, ſhall
cauſe the publick Worſhip of Almighty God, according to the Liturgy of
the Church of England, to be reverently performed in their reſpective Ships,
and fhall take Care that Prayers and Preaching be performed diligently; and
that the Lord's Day be obſerved according to Law.
2. All Flag Officers, and Perſons belonging to his Majeſty's Ships of War,
being guilty of profane Oaths, Curſings, Execrations, Drunkenneſs, Unclean-
neſs, or other ſcandalous Actions, in Derogation of God's Honour, and Cor-
ruption of good Manners, ſhall incur ſuch Puniſhment as a Court Martial
ſhall think fit to impoſe, &c.
3.
If
any Officer or other Perſon of the Fleet, ſhall give, or entertain,
Intelligence, to, or with any Enemy, or Rebel, without Leave from the
King or the Lord High Admiral, &c. and be thereof convicted by a Court
Martial, he ſhall be puniſhed with Death.
4. If any Letter or Meſſage from any Enemy or Rebel, be conveyed to any
Officer, or any other Perſon in the Fleet, and ſuch Perſon ſhall not, within
twelve Hours (having Opportunity) acquaint his ſuperior Officer with it; or
if any ſuperior Officer, being acquainted therewith, ſhall not in convenient Time
reveal the fame to the Commander in Chief, every Perfon ſo offending ſhall
ſuffer Death, &c.
5. All Spies, who ſhall bring or deliver any ſeducing Letters or Meſſages,
from any Enemy or Rebel ; or endeavour to corrupt any Perſon in the Fleet,
they ſhall ſuffer Death.
6. No Perſon in the Fleet ſhall relieve an Enemy or Rebel, with Money,
Victuals, Powder, Shot, Arms, Ammunition, or any other Supplies, directly
or indirectly, upon Pain of Death, &c.
7. All Writings whatſoever, that ſhall be taken, or found on board Ships
which ſhall be taken as Prize, ſhall be preſerved, and the Originals ſhall, by
the commanding Officer of the Ship which ſhall take ſuch Prize, be ſent
entirely and without Fraud to the Court of Admiralty, or ſuch other Court,
or Commiſſioners, as ſhall be authorized to determine whether ſuch Prize be
lawful Capture, there to be viewed, made Uſe of, and proceeded upon, ac-
cording to Law, upon Pain of forfeiting his Share of the Capture, &c.
8. No Perſon in, or belonging to the Fleet, ſhall take out of any Prize, any
Money, Plate, or Goods, unleſs it thall be neceſſary for the better ſecuring
thereof, or for the neceſſary Uſe or Service of any of his Majeſty's Ships of War,
before the ſame be adjudged lawful Prize ; but the entire Account of the
Whole, without Embezzlement, ſhall be brought in, and Judgment paſſed
upon the Whole, without Fraud, upon Pain that every Perſon offending ſhall
forfeit his Share of the Capture, &c.
9. If any Veſſel ſhall be taken as Prize, none of the Officers or Perſon's on
board her, ſhall be ſtripped of their Cloaths, or pillaged, beaten, or evil-intreated,
upon Pain, that the Offender Thall be puniſhed as a Court Martial ſhall ſentence.
10. Every Flag Officer, Captain, and Commander in the Fleet, who upon
Signal or Order of Fight, or Sight of any Ship or Ships, which it may be his
Duty to engage, or who upon Likelihood of Engagement, ſhall not make the
neceſſary Preparation for Fight, and ſhall not in his own Perſon, and according
to his Place, encourage the inferior Oficers and Men to fight courageouſly, ſhall
ſuffer Death, or other Puniſhment, &c. and if any Perſon in the Fleet ſhall
fuffer Death,
11. Every Perſon in the Fleet, who ſhall not duly obſerve the Orders of the
Admiral, Flag Officer, Commander of any Squadron or Diviſion, or other his
ſuperior Officer, for affailing, joining Battle with, or making Defence againſt
any Fleet, Squadron, or Ship, or ſhall not obey the Orders of his ſuperior Of-
ficer, in Time of Action, to the beſt of his Power, or shall not uſe all poſſible
Endeavours




I
THE A D M IR A L T Y.
269
Endeavours to put the ſame effectually in Execution, being convicted thereof,
ſhall ſuffer Death, &c.
12. Every perſon in the Fleet, who through Cowardice, Negligence, or
Difaffection, ſhall, in Time of Action, withdraw or keep back, or not come
into the Engagement, or ſhall not do his utmoſt to take or deſtroy every Ship
which it ſhall be his Duty to engage, and to affiſt and relieve all and every of
his Majeſty's Ships, or thoſe of his Allies, which it ſhall be his Duty to aſſiſt
and relieve, being convicted thereof, ſhall fuffer Death.
13. Every Perſon in the Fleet, who, through Cowardice, Negligence, or
Diſaffection, ſhall forbear to purſue the Chace of any Enemy, Pirate, or Rebel,
beaten or flying; or ſhall not relieve and aſſiſt a known Friend in View, to the
utmoſt of his Power, being convicted, ſhall ſuffer Death.
14. If any Action, or any Service ſhall be commanded, and any Perſon in
the Fleet ſhall preſume to delay or diſcourage the ſame, upon Pretence of Ar-
rears of Wages, or any Pretence whatſoever, and be convicted thereof, he ſhall
ſuffer Death, &c.
15. Every Perſon in, or belonging to the Fleet, who ſhall deſert to the Ene-
my, Pirate, or Rebel, or run away with any of his Majeſty's Ships, or any
Ordnance, Ammunition, Stores, or Proviſion belonging thereto, to the weak-
ening of the Service, or yield up the ſame cowardly or treacherouſly, being
convicted, ſhall ſuffer Death.
16. Every Perſon in or belonging to the Fleet, who ſhall deſert or intice
others ſo to do, ſhall ſuffer Death, or ſuch other Puniſhment, as the Circum-
ſtances of the Offence ſhall deſerve, and a Court Martial ſhall think fit; and if
any Commanding Officer of any of his Majeſty's Ships of War ſhall receive or
entertain a Deferter from any other of his Majeſty's Ships, after diſcovering him
to be ſuch, and ſhall not with all convenient Speed give Notice to the Captain
of the Ship, to which ſuch Deferter belongs, or if the ſaid Ships are at any con-
fiderable Øiſtance from each other, to the Secretary of the Admiralty, or to
the Commander in Chief, every Perſon ſo offending, and being convicted, &c.
ſhall be caſhiered.
17. The Officers and Seamen of all Ships appointed for Convoy of Merchant
Ships, or of any other, ſhall diligently attend upon that Charge without Delay,
according to their Inſtructions; and whoſoever Thall be faulty therein, and ſhall
not perform their Duty, and defend the Ships and Goods in their Convoy, with
out either diverting to other Parts, or Occaſions, or refuſing, or neglecting to
fight in their Defence, if they be affailed, or running away cowardly, and ſub-
mitting the Convoy to Peril and Hazard, or ſhall demand, or exact any Money
or other Reward from any Merchant or Maſter, for convoying of any Veſſels
intruſted to their Care, or ſhall miſuſe the Maſters or Mariners thereof, ſhall be
condemned to make Reparation of the Damage to the Merchants, Owners, or
others, as the Court of Admiralty ſhall adjudge, and alſo be puniſhed accord-
ing to the Quality of their Offences, by Death or other Puniſhment, according
as ſhall be adjudged by the Court Martial.
18. If any Captain or other Officer of any of his Majeſty's Ships, ſhall receive
on board, or permit to be received on board ſuch Ship, any Goods or Mer-
chandizes, other than for the ſole Uſe of the Ship, except Gold, Silver, or
Jewels, and except the Goods and Merchandizes belonging to any Veſſel which
may be ſhipwrecked, or in imminent Danger of being ſhipwrecked, either on
the high Seas, or in any Port, Creek, or Harbour, in order to the preſerving
them for their proper Owners, and except ſuch Goods or Merchandizes as he ſhall
be ordered to receive on board by Order of the Lord High Admiral of Great
Britain, or the Commiſſioners for executing the ſaid Office, and be convicted P. 694.
thereof, &c. he ſhall be caſhiered, and be for ever afterwards rendered incapable
to ſerve in any Place or Office in the Naval Service of his Majeſty, &c.
any
Perſon in, or belonging to the Fleet, ſhall make or endeavour to
make any mutinous Aſſembly, upon any Pretence whatſoever, and be convicted
thereof,' &c. he ſhall ſuffer Death: And if any Perſon ſhall utter any Words of
Sedition or Mutiny he thall ſuffer Death, or ſuch other Puniſhment as a Court
Martial


19. If
3 Z"
1
270
JURISDICTION OF
P. 695
Martial ſhall deem him to deſerye: And if any Officer, Mariner, or Soldier,
ſhall behave himſelf with Contempt to his Superior Officer, ſuch Superior Of-
ficer being in the Execution of his Office, he shall be puniſhed according to the
Nature of his Offence by the Judgment of a Court Martial.
20. If any Perſon in the Fleet Thall conceal any traiterous, or mutinous
Practice, or Deſign, being convicted thereof, &c. he ſhall ſuffer Death; and if
any Perfon ſhall conceal any traiterous or inutinous Words ſpoken by any, to the
Prejudice of his Majeſty or Government, or any Words, Practices, or Deſigns,
tending to the Hindrance of the Service, and ſhall not forthwith reveal the fame
to the Commanding Officer, or being preſent at any Mutiny or Sedition, ſhall
not uſe his utmoſt Endeavours to ſuppreſs the ſame, he ſhall be puniſhed as a
Court Martial thinks he deſerves.
21. If any Perſon in the Fleet ſhall find Cauſe of Complaint of the Unwhol-
ſomeneſs of the Victual, or other juſt Ground, he ſhall quietly make the fame
known to his Superior, or Captain, or Commander in Chief, as the Occaſion
may deſerve, that ſuch preſent Remedy may be had as the Matter may require ;
and the ſaid Superior, &c. fhall, as far as he is able, cauſe the ſame to be pre-
ſently remedied; and no Perſon upon ſuch, or any other Pretence, ſhall attempt
to ſtir up any Diſturbance, upon Pain of ſuch Puniſhment às a Court Martial
ſhall think fit to inflict, &c.
22. If any Officer or other Perſon in the Fleet Mhall ſtrike any of his ſuperior
Officers, or draw, or offer to draw, or lift up any Weapon againſt him, being
in the Execution of his Office, on any Pretence whatſoever, and be convicted
thereof, &c. he ſhall ſuffer Death ; and if any Perſon ſhall preſume to quarrel
with
any of his ſuperior Officers, being in the Execution of his Office, or ſhall
diſobey any lawful Command of any of his ſuperior Officers, and be convicted
thereof, &c. he ſhall ſuffer Death, &c.
23. If any Perſon in the Fleet ſhall quarrel, or fight with any other Perſon in
the Fleet, or uſe reproachful or provoking Speeches, or Geſtures, tending to
make any Quarrel or Diſturbance, he ſhall, upon being convicted, ſuffer ſuch
Puniſhment as the Offence ſhall deſerve, and a Court Martial ſhall impoſe.
24. There ſhall be no waſteful Expence of any Powder, Shot, Ammunition,
or other Stores in the Fleet, nor any Embezzlement thereof, but the Stores and
Provifions ſhall be carefully preferved, upon Pain of ſuch Puniſhment to the
Offenders, Abettors, Buyers, and Receivers (being Perſons ſubject to Naval
Diſcipline) as ſhall be by a Court Martial found juſt.
25. Every Perſon in the Fleet, who ſhall unlawfully burn, or fet Fire to any
Magazine or Store of Powder, or Ship, Boat, Ketch, Hoy, or Veffel, or Tackle,
or Furniture thereunto belonging, not then appertaining to an Enemy, Pirate,
or Rebel, being convicted of any ſuch Offence, by the Sentence of a Court Mar-
tial, fhall ſuffer Death.
aces by the se
26. Care thall be taken in the conducting and ſteering any of his Majeſty's
Ships, that through Wilfulneſs, Negligence, or other Defaults, no Ship be
ſtranded, or run upon any Rocks or Sands, or ſplit, or hazarded, upon Pain
that ſuch as ſhall be found guilty therein, be puniſhed by Death, &c.
27. No Perſon in, or belonging to the Fleet, ſhall ſeep upon his Watch,
negligently perform the Duty impoſed on him, or forſake his Station upon
Pain of Death, &c.
28. All Murders committed by any Perſon in the Fleet, ſhall be puniſhed
with Death, &c.
29. If any Perſon in the Fleet ſhall commit the unnatural and deteſtable
Sin of Buggery or Sodomy, with Man or Beaſt, he ſhall be puniſhed with
Death, &c.
30.
All Robbery committed by any Perſon in the Fleet, ſhall be puniſhed
with Death, &c.
31. Every Officer, or other Perſon in the Fleet, who ſhall knowingly make,
or ſign a falſe Muſter, or Muſter-book, or who ſhall command, counſel, or
procure the making or figning thereof, ſhall
, upon Proof of any ſuch Offence,
&c. be caſhiered, and rendered incapable of further Employment in his Majeſty's
Naval Service.


P. 626.
32-
THE ADMIRALT Y.
271
32. No Provoſt-Marſhal belonging to the Fleet ſhall refuſe to apprehend P. 697.
any Criminal, whom he ſhall be authorized, by legal Warrant, to apprehend,
or to receive, or keep any Priſoner committed to his Charge, or wilfully fuffer
him to eſcape, being once in his Cuſtody, or diſmiſs him without lawful Order,
upon Pain of ſuch Puniſhment as a Court Martial ſhall deem him to deſerve;
and aſl Officers, and others in the Fleet, ſhall do their Endeavour to detect,
apprehend, and bring to Puniſhment all Offenders, and ſhall aſſiſt the Officers
appointed for that Purpoſe therein, upon Pain of being proceeded againſt, and
puniſhed by a Court Martial, &c.
33. If any Flag Officer, Captain, or Commander, or Lieutenant belonging to
the Fleet, ſhall be convicted before a Court Martial, of behaving in a ſcanda-
lous, infamous, cruel, oppreſſive, or fraudulent Manner, unbecoming the
Character of an Officer, he ſhall be diſmiſſed from his Majeſty's Service.
34. Every Perſon being in actual Service, and full Pay, and Part of the Crew
belonging to any of his Majeſty's Ships of War, who ſhall be guilty of Mutiny,
Deſertion, or Diſobedience to any lawful Command, in any part of his Ma-
jeſty's Dominions on Shore, when in actual Service relative to the Fleet, ſhall
be liable to be tried by a Court Martial, and ſuffer the like Puniſhment for
every ſuch Offence, as if the ſame had been committed at Sea.
35. If any Perſon who ſhall be in actual Service, and full Pay in his Majeſty's
Ships of War, ſhall commit upon the Shore, in any Place out of his Majeſty's
Dominions, any of the Crimes puniſhable by theſe Articles and Orders, he
ſhall be liable to be tried and puniſhed for the ſame, in like Manner, as if the
faid Crimes had been committed at Sea.
36. All other Crimes, not capital, committed by any Perſon in the Fleet
which are not mentioned in this Act, or for-whch no Puniſhment is hereby
directed to be inflicted, ſhall be puniſhed according to the Laws and Cuſtoms in
ſuch Caſes uſed at Sea.
No Perfon convicted of any Offence, ſhall, by the Sentence of any Court P. 698:
Martial, be adjudged to be impriſoned for a longer Term than two Years.
No Court Martial ſhall proceed to the Puniſhment, or Trial of any Offence
(except the Offences ſpecified in the 5th, 34th, and 35th of the foregoing Ar-
ticles and Orders) which ſhall not be committed upon the main Sea, or in great
Rivers only, beneath the Bridges of the ſaid Rivers nigh to the Sea, or in any
Haven, River, or Creek, within the Juriſdiction of the Admiralty, and which
ſhall not be committed by ſuch Perſons, as at the Time of the Offence, fhall be
in actual Service, and full Pay in the Fleet, ſuch Perſons only excepted, and
for ſuch Offences only, as are deſcribed in the 5th and the foregoing Articles
and Orders.
No Court Martial conſtituted by Virtue of this Act, ſhall proceed to the
Puniſhment or Trial of any Land Officer or Soldier, on board any Tranſport
Ship, for any Offences ſpecified in the ſaid Articles.
From and after the 25th of December, 1749, the Lord High Admiral of
Great Britain, or the Commiſſioners for executing the ſaid Office, are im-
powered to grant Commiſſions to the Commanders in Chief of any Fleet or
Squadron of Ships of War, to call and aſſemble Courts Martial, conſiſting of
Commanders and Captains; and if ſuch Commander in Chief ſhall die, be re-
called or removed from his Command, then the Officer upon whom the ſaid
Command ſhall from Time to Time devolve, ſhall have the ſame Power to call
and affemble Courts Martial, as the firſt Commander in Chief ſhall be in-
veſted with.
No Commander in Chief of any Fleet or Squadron of his Majeſty's Ships, or P.699.
Detachment thereof, conſiſting of more than five Ships, ſhall preſide at any
Court Martial in foreign Parts; but the next Officer in Command Jhall hold
ſuch Court Martial and preſide thereat.
From and after the 25th Day of December, 1749, if any Commander in Chief
in foreign Parts hall detach any Part of his Fleet or Squadron, he ſhall by
Writing, under his Hand, impower the Chief Commander of the Squadron or
Detachment



2
272
JURISDICTION OF
P. 700.
P. 701.
Detachment ordered on ſuch ſeparate Service (and in Caſe of his Death or Re-
moval, the Officer to whom the Command ſhall belong) to hold Courts Martial
during the Time of ſuch feparate Service, or until he fall return to his Com-
mander in Chief, or ſhall come under the Command of any other his ſuperior
Officer, or return to Great Britain or Ireland.
Where any material Objection occurs, which may render it improper for the
Perſon, next in Command to the ſenior Officer, or Commander in Chief of any
Fleet or Squadron, in foreign Parts, to hold Courts Martial or preſide thereat,
the Lord High Admiral, or the Commiſſioners for executing the ſaid Office, as
alſo the Commander in Chief of ſuch Fleet or Squadron, may appoint the third
Officer in Command to preſide at or hold ſuch Court Martial.
Froin and after the 25th of December, 1749, the Lord High Admiral, or the
Commiſſioners for executing the faid Office, are empowered to direct any Flag
Officer or Captain of any of his Majeſty's Ships of War who ſhall be in any Port
of Great Britain or Ireland, to hold Courts Martial in ſuch Port (provided
ſuch Officer be the firſt, ſecond, or third in Command in ſuch Port) as ſhall be
found moſt expedient, and for the Good of the Service; and ſuch Flag Officer
or Captain fhall preſide thereat.
From and after the 25th of December, 1749, no Court Martial ſhall conſiſt of
more than thirteen, or of leſs than five Perſons, to be compoſed of ſuch Flag
Officers, Captains, or Commanders, then and there preſent, as are next in
Seniority to the Officer who preſides at the Court Martial.
The Lord High Admiral, or the Commiſſioners for executing the ſaid Office,
or any Officer impowered to order or hold Courts Martial, ſhall not direct or
aſcertain the particular Number of Perſons of which any Court Martial ſhall
confift.
If any Court Martial ſhall be appointed to be held at any Place where there
are not leſs than three, nor yet ſo many as five Officers of the Degree of a Poſt
Captain, or of a ſuperior Rank to be found, the Officer who is to preſide ſhall
call to his Affiſtance as many of the Commanders of his Majeſty's Veſſels under
that Rank, as, together with the Poſt Captains, will make up the Number of
five, to hold ſuch Court Martial.
from and after the 25th of December, 1749, no Member of a Court Martial,
after Trial is begun, ſall go on Shore till Sentence be given, but remain on
board the Ship in which the Court ſhall firſt aſſemble, except in Caſe of Sick-
neſs, to be judged of by the Court, upon Pain of being caſhiered; nor ſhall
the Proceedings of the Court be delayed by the Abſence of any Members, pro-
vided a ſufficient Number remain to compoſe the Court, which ſhall fit from
Day to Day, Sunday always excepted) until Sentence be given.
From and after the faid 25th of December all the Officers preſent, who are
to conſtitute a Court Martial for the Trial of Offenders, ſhall, before they pro-
ceed to Trial, take an Oath before the Court, to be adminiſtered by the Judge
Advocate or his Deputy, in the Words following, viz.
A. B, do ſwear, that I will duly adminiſter Juſtice, according to the
Articles and Orders, eſtabliſhed by an Act paſſed in the twenty-ſecond
“ Year of the Reign of his Majeſty King George the Second, for amending,
“ explaining, and reducing into one Act of Parliament, the Laws relating
to the Government of his Majeſty's Ships, Veſſels, and Forces by Sea,
“ without Partiality, Favour, or Affection; and if any Caſe ſhall ariſe, which
" is not particularly mentioned in the ſaid Articles and Orders, I will duly
“ adminiſter Juſtice according to my Conſcience, the beſt of my Underſtand-
-“ ing, and the Cuſtom of the Navy in the like Caſes; and I do further ſwear,
“ that I will not upon any Account, at any Time whatſoever, diſcloſe or diſ-
cover the Vote or Opinion of any particular Member of this Court Martial,
“ unleſs thereunto required by Act of Parliament.
So help me God."
And ſo ſoon as the faid Oath ſhall have been adminiſtered to the reſpective
Members, the Preſident of the Court ſhall adminiſter to the Judge Advocate,
or the Perſon officiating as ſuch, an Oath in the following Words :


I
I
56 I
THE ADMIRALTY.
273
I A. B. do ſwear, that I will not upon any Account, at any Time whatſo- P. 7oz
ever, diſcloſe, or diſcover the Vote or Opinion of any particular Mem-
“ber of this Court Martial, unleſs thereunto required by Act of Parliament.
So help me God.”
If any Perſon in the Fleet, being called upon to give Evidence at any Court
Martial, ſhall refuſe to give Evidence upon Oath, or ſhall prevaricate, or behave
with Contempt to the Court, ſuch Court Martial is impowered to
commit the Offender, for any Time not exceeding three Months, in Caſe of
ſuch Refuſal or Prevarication, nor longer than one Month in Caſe of ſuch Con-
tempt; and every Perſon who ſhall either commit, or corruptly procure, or ſub-
orn any Perſon to commit wilful Perjury, ſhall be proſecuted in the King's
Bench, by Indictment or Information; and every Iſſue joined thereon, ſhall be
tried by a Jury of Middleſex, or ſuch other County as the faid Court ſhall
direct; and the Offender upon Conviction ſhall ſuffer the Pains and Penalties
enacted to be inflicted for thelike Offences by an Act of 5 Eliz.and 2 Geo. II. &c.
In every ſuch Information or Indictment, it ſhall be ſufficient to ſet forth P. 703•
the Offences charged upon the Defendant, without ſetting forth the Commiſſion
for holding the Court Martial, or the particular Matter tried or directed to be
tried before fuch Court.
From and after the 25th of December, 1749, no Sentence of Death given by
any Court Martial held within the Narrow Seas (except in Caſes of Mutiny)
ſhall be executed till after Report of the Proceeding ſhall have been made to
the Lord HighAdmiral, or the Commiſſioners for executing the faid Office,
and his or their Direction ſhall have been given therein ; and if the ſaid Court
ſhall have been held beyond the Narrow Seas, then ſuch Sentence of Death
ſhall not be executed but by Order of the Commander of the Fleet or Squa-
dron wherein Sentence was paſſed ; and where Sentence of Death ſhall be paſſed
in any Squadron detached from any other Fleet or Squadron upon a ſeparate
Service, then ſuch Sentence (except in Caſes of Mutiny) ſhall not be executed
but by Order of the Commander of the Fleet or Squadron from which ſuch
Detachment ſhall have been made, or of the Lord High Admiral, or the Com-
miſſioners for executing the faid Office; and where Sentence of Death ſhall be
paffed in any Court held by the ſenior Officer of five or more Ships which ſhall
happen to meet in foreign Parts, then ſuch Sentence (except in Caſes of Mutiny)
ſhall not be executed but by Order of the Lord High Admiral, or Commiſſi-
oners for executing the ſaid Office.
The Judge Advocate, or his Deputy, is to adminiſter an Oath to Witneſſes
at any Trial by a Court Martial ; and in the Abſence of the Judge Advocate or
his Deputy, the Court ſhall appoint any Perſon to execute the ſaid Office.
From and after the 25th of December, 1749, all the Powers given by the ſe-
veral Articles and Orders eſtabliſhed by this Act, ſhall be in Force with Reſpect
to the Crews of ſuch of his Majeſty's Ships as ſhall be wrecked or be otherwiſe
loſt or deſtroyed ; and all the Command and Authority given to the Officers
ſhall be in Force as effectually as if ſuch Ships to which they did belong were not
ſo wrecked or deſtroyed, until they ſhall be diſcharged from his-Majeſty's further
Service, or removed into ſome other thip of War, or until a Court Martial be
held to enquire into the Cauſes of the Loſs of the ſaid Ship; and if it ſhall ap-
pear, by the Sentence of the Court, that the ſaid Officers or Seamen did their
utmoſt to preſerve or recover the ſaid Ship, and ſince the Loſs thereof have be-
haved obediently to their ſuperior Officers, according to the Diſcipline of the
Navy and the Articles aforeſaid, then all the Pay and Wages of the ſaid Officers
and Seamen, or of ſuch of them as ſhall have done their Duty, ſhall be paid to
the Time of their Diſcharge or Death; or if they ſhall be then alive, to the
Time of the holding of ſuch Court Martial, or their Removal into ſome other of
his Majeſty's Ships; and every Perſon, who after the Wreck or Loſs of his
Ship thall act contrary to the Diſcipline of the Navy, and the Articles and Or-
ders aforeſaid, ſhall be ſentenced by the ſaid Court Martial, and puniſhed, as
if the Ship to which he did belong was not ſo wrecked or deſtroyed,
From



P.70 to

4 A
274
JURISDICTION OF
Þ. 705
P. 706.
From and after the ſaid 25th of December, all the Pay and Wages of ſuch
Officers and Seamen of any of his Majeſty's Ships as are taken by the Enemy,
and upon Enquiry at a Court Martial, ſhall appear by the Sentence of the faid
Court to have done their utmoſt to defend the ſaid Ship, and ſince the taking
thereof, to have behaved obediently to their ſuperior Officers, according to the
Diſcipline of the Navy, and the Articles aforefaid, ſhall be paid from the Time
of their being ſo taken, to the Time of the holding of ſuch Court Martial, or
until they ſhall be diſcharged from his Majeſty's Service, or removed into ſome
other Ship of War, or (if they ſhall die in Captivity, or before the holding of
ſuch Court Martial) to the Time of their Death, in ſuch Manner as if the Ship
to which they did belong reſpectively was not ſo taken.
No Perſon, not flying from Juſtice, ſhall be tried or puniſhed by any Court
Martial for any Offence againft this Act, unleſs Complaint of ſuch Offence be
made in Writing to the Lord High Admiral, or to the Commiſſioners for ex-
ecuting the ſaid Office, or any Commander in Chief of his Majeſty's Squadrons
or Ships impowered to hold Courts Martial; or unleſs a Court Martial to try
ſuch Offender ſhall be ordered by the Lord High Admiral, or the Commiſſioners
for executing the ſaid Office, or the ſaid Commander in Chief, either within
three Years after ſuch Offences ſhall be committed, or within one Year after the
Return of the Ship or Squadron, to which ſuch Offender ſhall belong, into any
of the Ports of Great Britain or Ireland, or within one Year after the Return
of ſuch Offender into Great Britain or Ireland.
From and after the ſaid 25th of December, if any Captain or other Oficer of
the Fleet ſhall receive or ſuffer to be received on board, any Goods or Merchan-
dizes, contrary to the true Intent and Meaning of the eighteenth Article of this
Act, he ſhall for every ſuch Offence, over and above any Puniſhment inflicted
by this Act, forfeit and pay the Value of ſuch Goods and Merchandizes, or the
Sum of 500l. at the Election of the Informers, or Perſon who ſhall ſue for the
fame, ſo that no more than one of theſe Forfeitures ſhall be ſued for and recovered
againſt the ſame Perſon for one and the ſame Offence; one Moiety to the In-
former, and the other to Greenwich Hoſpital, &c.
This Act ſhall not extend to take away from the Lord High Admiral, or the
Commiſſioners for executing the ſaid Office, or any Vice Admiral, or Judge of
the Admiralty, or his or their Deputies, or any Officers or Miniſters of the Ad-
miralty, or others having or claiming any Admiral Power or Authority within
this Realm, or any other the King's Dominions, or from any Perſon or Court
whatſoever, any Power, Right, Juriſdiction, Pre-eminence, or Authority,
which any of them lawfully hath, or had, or ought to have and enjoy before
the making of this Act, ſo as the ſame Perſon ſhall not be puniſhed twice for the
fame Offence.
The Repeal of the before recited Statutes, or any Thing herein contained,
ſhall not diſcharge or prevent any Proſecution or Suit, which is, or ſhall be
commenced againſt any Perſon, for any Offence committed on or before the
ſaid 25th of December, 1749, or to be committed againſt the ſaid Statutes; but
all Perſons who have been, or ſhall, before the ſaid 25th of December, be guilty
of any ſuch Offenee, ſhall and may be proſecuted, condemned, and puniſhed
for the ſame, as well after as before the ſaid 25th of December, as if the ſaid
Statutės had not been repealed.
Since the above Act the following was made for the Encouragement of Sea-
men to enter into his Majeſty's Service, during the War begun in 1756.
The Preamble ſets forth, that the Encouragement of Seamen employed in
the Royal Navy, will greatly tend to augment the Marine Force of this Realm
whereon, under the good Providence and Protection of God, the Security of
theſe Kingdoms, and the Support and Preſervation of their Commerce do moſt
immediately depend: And that by an Act 1 Geo. II. and another of the ſame
Seſlion, ſeveral Proviſions and Regulations were enacted and preſcribed for the
Benefit and Encouragement of Seamen employed in the Royal Navy; and for
preventing Frauds and Abuſes in purchafing their Wages; which Proviſions i
and Regulations, from various Difficulties in carrying the ſame into Execution,

P. 707.

31 Geo. II.

have
Τ Η Ε ADMIRA L T Y.
275
have been found in a great Meaſure ineffectual to anſwer the Purpoſe thereby
intended. And that the eſtabliſhing a regular Method for the punctual, fré-
quent, and certain Payment of the Wages or Pay due to inferior Officers and
Seamen employed in the Royal Navy; the enabling ſuch Officers and Seamen
more eaſily and readily to obtain ſuch Payments, and to allot and remit any
Part thereof, for the Support and Relief of their Wives and Families; and
the preventing, as far as may be, the Unwary, the Ignorant, or the Neceſſi-
tous, from being defrauded and injured by the Extortion and Uſury of wicked
and evil deſigning Perſons, are of the utmoſt Conſequence to the Publick
Service : Therefore, for effectuating theſe important and compaſſionate Pur-
poſes, it is enacted, that from and after November 1, 1758, every Volunteer,
who ſhall enter his Name with a Commiſſion Officer, appointed for entering
Volunteers in the Royal Navy, and ſhall receive from him a Certificate there-
of (which is to be given him gratis) is entitled to Wages from the Date
thereof, including the Day of the Date, if he appears on board within four-
teen Days, if the Ship is not above one hundred Miles from the Place of
entering; twenty Days if above one hundred Miles ; or thirty Days if above
two hundred Miles; and ſhall be allowed the uſual Conduct Money, and alſo
two Months Wages Advance, at the firſt fitting out the Ship, and before the
Ship proceeds to Sea.
Every ſupernumerary Man ſerving ten Days in any Ship, ſhall be borne for
and entitled to his Wages upon the Books of ſuch Ship, and to all other
Benefits, as if he was part of the Complement: But Men lent from one Ship
to another, ſhall continue to be borne for the Ship from which they were lent,
till diſcharged.
Every inferior Officer or Seaman, who ſhall be turned over from one Ship
to another (in Caſe the Ship into which he is turned over, is then, or ſhall,
come into a Port of Great-Britain, where there is a Commiſſioner of the Navy)
ſhall be paid all the Wages due to him in the Ship from which he was turned
over, before the Ship in which he was turned over ſhall proceed to Sea, unleſs
directed otherwiſe by ſpecial Order from the Admiralty, in Caſes of the greateſt
Exigency only; and if the Ship proceed to Sea, the Wages ſhall be paid as
ſoon as ſuch Ship ſhall come again into any Port of Great-Britain, where
there is a Commiſſioner.
Every Officer or Seaman, who ſhall be turned over, ſhall not be rated in a
lower Degree than he ſerved in the former Ship; and above his Wages, fhall
receive two Months Advance before the Ship ſhall proceed to Sea.
As often as any Ship, which ſhall have been in Sea Pay twelve Months or
more, ſhall arrive in any Port of Great-Britain, or on the Coaſt thereof, the
Maſter ſhall cauſe five complete Pay-Books to be made out for the Time ſuch
Ships ſhall have been in Pay, except the laſt fix Months, and tranſmit ſuch
Books, together with three Alphabets, and a Slop-Book to the Navy-Board:
And as ſoon as ſuch Ship Thall arrive in any Port of Great-Britain, where
there is a Commiſſioner, immediate Payment ſhall be made of the Wages due
to the Officers and Seamen, their Executors, &c. deducting the Advance
Money and all Defalcations, leaving always fix Months Wages unpaid and no
And all Wages, due to any Ships, ſhall be paid as ſoon as may be, or
within two Months at fartheſt, after the Arrival of ſuch Ship in Port to be

more.
laid up.
If
any
inferior Officer or Seaman, who was abſent at the Payment of his
Ship, or his Captain for him, ſhall apply to the Navy-Board, in Cafe ſuch Ship
Thall be in any Port of Great Britain, where there is a Commiſſioner, the Pay-
Liſts ſhall be ſent to ſuch Commiſſioner, who ſhall forthwith cauſe the
Wages to be paid to ſuch Perfon.
The Commander ſhall make out a Ticket upon the Death of every Petty
Officer or Seaman, and ſhall tranſmit the ſame to the Navy-Board, who are
to cauſe the Day of Receipt to be indorſed thereon, and ſhall examine and
Gign the ſame for Payment within one Month after the Receipt thereof: And
the ſame ſhall be delivered, and Payment thereof made, without Fee or Re-
ward,

276
JURISDICTION
ward, to the Executors, Adminiſtrators, or Attorney, or the Executors, &c.
of ſuch Officer or Seamen.
When any inferior Officer or Seaman ſhall be rendered unſerviceable, the
Commander ſhall give him a Certificate of his Diſcharge, and make out a
Ticket for his Pay (unleſs the Ships ſhall be in ſome Port of Great Britain,
or on the Coaſt thereof, or ſhall belong to ſome Squadron from which he is
not ſeparated; in which Caſe he is to make a Report to the Commander in
Chief, and receive his Orders thereupon) and ſhall ſend the Ticket to the
Navy-Board ; and deliver only to ſuch Officer or Seaman the Certificate of
his Diſcharge, containing an exact Copy of the Ticket, and a Deſcription of
his Perſon. The Commiſſioners of the Navy ſhall cauſe the Day when ſuch
Ticket was received, to be indorſed thereon; and, after Examination, ſhall
aſſign the ſame for Payment, within one Month at fartheft after making ſuch
Indorſement. And if any Officer or Seaman ſhall preſent ſuch Certificate at
the Navy-Office, the Commiſſioners are forthwith to examine fuch Certificate,
and the Perſon preſenting the ſame; and being ſatisfied therein, fhall teſtify
the ſame on the Certificate ; and the Ticket ſhall be immediately delivered
him, and paid at the Pay-Office to ſuch Officer or Seaman only, without Fee
or Reward. If the Tickets ſhall not have been tranſmitted to the Navy-
Office, the Money appearing to be due by the Copy, ſhall be paid as if the
Certificate had been received. Such Officer or Seaman, being deſirous to
receive his Wages at any Port of Great-Britain, where a Commiflioner re-
fides, may produce his Certificate to him, and being ſatisfied of the Truth
thereof ſhall ſign and tranſmit the fame to the Navy-Board; who, within four
Days after receiving it, are to ſend the Ticket if received, otherwiſe a Copy
of the Certificate, to the Commiſſioner at ſuch Port, who ſhall cauſe imme-
diate Payment thereof to be made, without Fee or Reward. And ſend ſuch
Officer or Seaman to the neareſt Hoſpital, where he is to be received and
victualled, from the Time of preſenting ſuch Certificate until Payment is
made.
If ſuch Certificate be loſt or deſtroyed, or not preſented in Perſon, or the
Money paid before the general Payment of the Ship's Company, the Ticket
fhall be cancelled, and the Wages paid as if no Ticket had been made out.
When any inferior Officer or Seaman íhall, by Order of the Commander,
be ſet a Shore, and be ſent to any Hoſpital or fick Quarters, ſuch Commander
fhall make out a fick Ticket for the Wages due to ſuch Perſon, and tranſmit
the ſame with ſuch Officer or Seaman to ſuch Hoſpital or fick Quarters; and
if he ſhall be regularly diſcharged from thence as unſerviceable, a Certificate
of his Diſcharge with the ſick Ticket annexed, ſhall be delivered to him;
and if he ſhall preſent the fame to a Commiſſioner at any Port of Great-
Britain, ſuch Commiſſioner, being ſatisfied thereof, ſhall ſign the ſame on the
Certificate, and tranſmit the Certificate and fick Ticket to the Navy-Board,
who are to cauſe the Day it was received to be indorſed thereon, and alſo to
cauſe it to be examined by the Muſter-Books, if received ; and then within
four Days, to cauſe a Ticket or Pay-Liſt to be made out for ſuch Perſon's
Wages, and to ſend the fame to the Commiſſioner ; who Thall cauſe immediate
Payment to be made of the Wages of ſuch Seamen, without Fee or Reward;
who, notwithſtanding ſuch Diſcharge, ſhall be maintained in ſuch Hoſpital
or fick Quarters, until the Payment be made.
The Payment of Tickets, Certificates, or Pay-Liſts, ſhall not be delayed,
though the Muſter or Pay-Books Thall not be regularly received at the Navy-
Board; but if any Errors ſhall be made in any Certificate, Ticket, or Pay-
Liſt, the Loſs ſhall be made good out of the Commander's Wages.
As often as any Ship, which ſhall not be in the Port of Great-Britain, or
on the Coaſt thereof, Ihall have twelve Months Wages due, the Commander
ſhall cauſe the Inferior Officers and Seamen's Names to be called over, and ſhall
do the ſame whenever twelve Months Wages ſhall be due ; and if any of them
ſhall deliver in Writing the Name and Place of Abode of his Wife, Father,
or Mother, and deſire, that the whole or any Part of ſuch Wages then due,
5
except






THE A D M IR A L T Y.
277

the Back of t
except the laſt fix Months, ſhould be paid to his faid Wife, Father, or Mother,
by the Receiver General of the Land-Tax, Collector of the Cuſtoms, Col-
lector of the Exciſe, or Clerk of the Cheque at any Dock-Yard, the Com-
mander is to ſend a Liſt of ſuch Perſons to the Navy-Board, who ſhall make
out two Bills for the Payment of the Wages ſo allotted by each Perſon, one
of them to be ſent to the Perſons reſpectively ſpecified in ſuch Liſts, and the
other to the Receiver, &c. And if the Perſon to whom any ſuch Bill is ſent,
ſhall, within fix Months of the Date thereof, produce the ſame to ſuch Re-
ceiver, &c. together with a Certificate, properly authenticated of their being
the Wife, Father, or Mother, of ſuch Officer or Seaman reſpectively, ſuch
Receiver, &c. upon being ſatisfied of the Truth of ſuch Certificate (which
he is to enquire into upon the Oath of the Perſon producing the fame) is im-
mediately, without Fee or Reward, to pay the Sum mentioned in ſuch Bill,
taking a Receipt. Such Bill, together with the Duplicate thereof, being pro-
duced at the Navy-Office, ſhall be immediately aſſigned for Payment by the
Commiſſioners of the Navy, and repaid by the Treaſurer to ſuch Receiver,
&c. or their Orders : But if Payment of the Bill be not demanded within fix
Months, the Sum contained in ſuch Bill, is to be repaid to ſuch Inferior
Officer or Seaman, &c.
ad
In like Manner when Wages ſhall be paid at the Pay-Office or any of the
Out-Ports, any inferior Officer or Seaman, deſirous to remit the whole or any
Part of his Wages to his Wife, Children, Parents, or any other Perſon, may
have a Bill for the ſame, as in the laſt Clauſe.
If any Receiver, &c. Thall not have in his Hands Publick Money ſufficient
to pay any Bill tendered, and ſhall refuſe Payment thereof, he is to indorſe on
the Bill the Cauſe of his Delay, and appoint for Payment ſome
Day within two Months. And if any Receiver, &c. Ihall unneceſſarily refuſe
Payment, or he or any Perſon employed under him, take any Gratuity for ſuch
Payment, any three Commiſſioners of the Branch of Buſineſs he is under,
may fine ſuch Perſon in any Sum-not exceeding fifty Pounds; to be levied as
are thoſe for Offences againſt the Laws of Cuſtoms and Exciſe, and to be paid
to the Informer.
The Wages, &c. earned by an indentured Apprentice, ſhall be paid to his
Maſter, as hath been uſual, unleſs ſuch Apprentice was above eighteen Years
of Age, when his Indentures were executed, or ſhall be rated as Servant to
an Officer, to whom ſuch Apprenticeſhip is not known; in which Caſe the
Officer ſhall be entitled to the Pay, according to the Practice of the Navy.
Commanders of Ships are to tranſmit to the Navy-Board, complete Pay-
Books, and Liſts, and Tickets made out, and alſo once in two Months Muſter-
Books, not only for the ſaid two Months, but from the Time the Ship ſhall
have been in Commiſſion, or was laſt paid ; on Failure, the Navy-Board are
not to grant them the General Certificate for their Wages, unleſs by particular
Order from the Lords of the Admiralty, in Caſes of Neceflity, and its being
made appear to them, that their Directions were complied with as far as the
Nature of the Service would admit, and as fafe Opportunities offered: And
if any Commander ſhall not exculpate himſelf withiu twelve Months after
his Arrival in Great-Britain, he ſhall forfeit all his Wages to the Cheſt at
Chatham ; and be liable to ſuch other Puniſhment, not extending to Life and
Limb, as a Court Martial ſhall inflict.
No Letters of Attorney made by inferior Officers or Seamen, or their
Executors, &c. ſhall be valid, unleſs declared therein revocable, and unleſs
the ſame be ſigned before, and atteſted by the Commander, and another of the
figning Officers, or by a Clerk of the Cheque ; and if made after ſuch Perſon
ſhall be diſcharged from the Service, then to be ſigned before, and atteſted by,
the Chief Magiſtrate where ſuch Seamen ſhall reſide; or if made by Execu-
tors, &c. be ſigned before, and atteſted by, the Miniſter and Churchwardens,
or in Scotland, by the Miniſter and two Elders, of the Pariſh where ſuch
Executors, &c. reſide.
4 B
All
278
JURISDICTION OF THE ADMIRALTY.

and Chattels are of the Value of 201. nor more than 25. unleſs the Value of
e taken, to obtain the Probate
All Letters of Attorney, other than ſuch as are made and atteſted as afore-
ſaid, are null and void.
No more than is. ſhall be taken by any Eccleſiaſtical Court, &c. for the
Probate of any Will or Letter of Adminiſtration, granted to the Widows,
Children, Parents, Brothers, or Siſters, of inferior Officers, Seamen, of Ma-
riners dying in the Service, and for attending the ſame, unleſs the Goods
401. nor more than 35. unleſs the Value of 6ol, nor more th
than is. for iſſuing
Commiſſions to ſwear ſuch Widows, &c. being Executors or Adminiſtrator's
to inferior Officers, &c. unleſs the Goods and Chattels are of the Value of
20l. nor more than 25. unleſs of the Value of 401. nor more than 35.
unleſs
of the Value of 6ol. under Penalty of 5ol. to be paid by the Offender to the
Party aggrieved, to be recovered with full Cofts of Suit in any Court of
Record.
que ens diw
201 doua
Whoſoever ſhall perfonate or affume' the Name or Character, or procure any
other, to perſonate or falſely to aſſume the Name or Character of any Officer,
Seaman, or other Perſon, intitled to Wages, &c. for Service done in the Royal
Navy, or of the Executor, Adminiſtrator, Wife, Relation, or Creditor, of any
Officer, &c. in order to receive any Wages, &c. or ſhall forge or counterfeit,
or procure to be forged or counterfeited, any Letter of Attorney, or other
Power in order to receive any Wages, &c. or ſhall willingly or knowingly
of a Will or Letters of Adminiſtration, in order to receive any Wages, &c.
due, or fuppoſed to be due, ſhall be guilty of Felony, and fuffer Death.
When the Pay-Books are cloſed, Tickets fhall be made out, on Application
to the Navy-Board, to the Seamen who ſhall not have received their Wages;
and fuch Tickets ſhall be paid in Courſe once a Month. The movim
Britiſh Governors, Miniſters, and Conſuls, reſiding at foreign Parts, or any
two Britiſh Merchants, are required to provide for Seafaring
Men and Boys, ,
Subjects of Great-Britain, who ſhall be in foreign Parts by Shipwreck, Cap-
ture, or other unavoidable Accidents, or who ſhall be diſcharged as unſer-
viceable from the Britiſh Navy, and ſubſiſt them at Six-pence per Diem each,
and ſend them home as foon as poſſible in any Britiſh Ships.
The Bills of their Diſburſements, with Vouchers, are to be ſent to the
Navy-Board, who are to caufe immediate Payment. And every Maſter of a
Ship is to take ſo many as the ſaid Governors, &c. fhall direct, not exceeding
four to every hundred Tons. Such Maſters to be allowed Six-pence per Diem,
for all ſuch as fhall exceed their Complement, upon producing a Certificate
from the Governors, &c. of the Number taken on board, and making Affi-
davit of the Time they were fubfiſted, and that they did not want of their
Complement, or how many they did want of their Complement, and for what
Time.
No Volunteer ſhall be liable to be taken out of his Majeſty's Service by any
Proceſs, except ſome criminal Matters, unleſs for a real Debt, and unleſs the
Plaintiff, or ſome other Perſon in his Behalf, make Affidavit that to his Know-
ledge, the Sum due to the Plaintiff with Coſts of Suit amounts to zol. at leaſt,
a Memorandum of which Oath is to be marked on the Back of the Writ or
Proceſs, for which no Fee ſhall be taken ; and if any Perſon ſhall be arreſted
contrary to the Intent of this Act, any Judge of ſuch Court may examine into
the ſame on Oath, and diſcharge ſuch Seaman without Fees, on Proof of his
belonging to one of the King's Ships, and being arreſted contrary to the In-
tent of this A&, and may award reaſonable Coſts, for Recovery whereof he
ſhall have the ſame Remedy as the plaintiff, if he had Judgement.
But Plaintiffs, upon Notice firſt given in Writing to ſuch Seaman, or left
at his laſt Place of Abode, may file a common Appearance, ſo as to entitle them
to proceed to Judgement and Outlawry, and to have an Execution thereupon,
except againſt the Bodies of ſuch Seamen.
Perſons employed to receive Seamen's Wages, Prize-Money, &c. fhall take
no more than Six-pence in the Pound; and if they ſhall take any more, to
forfeit
2
2
OF CON SU L S.
279
forfeit gol. with full Coſts of Suit to the Proſecutor : And if ſuch Perſon
belong to any Office in the Navy, he ſhall loſe his Place, and be incapable of
holding any Place of Profit in any ſuch Office.is
All Perſons in Offices belonging to the Navy, taking Fees contrary to this
Act, are liable to the ſame Penalty.
with foot Of Confuls.

F all the Commercial Inſtitutions eſtabliſhed by modern Nations, for
O the Protection of the Rights and Privileges of Merchants, Maſters of Ships,
and Mariners trading to and reſiding in each other's Dominions, none deſerves
our Attention more than that of the Appointment of Confuls, whoſe Office,
Duties, Privileges, and Powers, will be the ſubject of this Chapter. It is a
high ſounding Title, but bears no Affinity to that of the Confuls of the
antient Roman Commonwealth, who were fupreme Magiſtrates, Generals, and
Legiſlators : Whereas, the Officer we are now treating of has no Juriſdiction
beyond the Limits of commercial Concerns, neither does his Authority ex-
tend to any Perſons, who are not the Natural-born Subjects of the Prince
from whom he receives his Commiſfion.
90.19
The Inſtitution has been found ſo neceſſary and uſeful, that all the Maritime
Powers of Europe have adopted it. Conſuls from each reſide in the Sea Port
Towns, and, in fome Inſtances, in the Capitals of the different Nations with
whom they reſpectively carry on any conſiderable Commerce. In France, they
have likewiſe a Conſular Office and Juriſdiction of an eſpecial Nature, being
inſtituted for the internal Regulation of Trade and Commerce in their own
Ports. But as theſe have no Relation to the general Eſtabliſhment of Con-
ſuls in foreign Countries ; 'I ſhall refer thoſe, who may have any particular
Intereſts in ſuch a Detail, to the very long and accurate Account of the French
Fudge-Conſuls in Poſtlethwayt's Univerſal Dictionary of Trade and Commerce,
Article Consuls; tranſlated from the French of Monf. ŠAVARY, Folio, 2 Vols.
Fourth Edit. Lond. 1774; and ſhall proceed to the Appointment of Britiſh
Confuls.
Our Conſuls were originally elected by the Britiſh Merchants, reſiding in
foreign Ports, from amongſt their own Body, and being recommended by
them to the Secretary of State for the Department in which the Ports were
ſituated, the Secretary laid the Recommendation before the King, who con-
firmed the Election, and iſſued the Commiſſion under his Sign Manual ac-
cordingly; this laudable Cuſtom was founded upon clear Demonſtration, that
Merchants reſiding upon the Spot were the beſt Judges of the commercial
Intereſt of their own Country, and beſt able to promote its Increaſe, and to
prevent its Diminution. But, in Proceſs of Time, the Corruption of Court
Favour and Court Influence extended itſelf to this, as well as to all other
Offices held under the Crown. Miniſters of State eſtabliſhed a Claim to dif-
poſe of all Offices of Honour and Profit fubject to the Juriſdiction of their
reſpective Departments. Their Recommendation then, whether proceeding
from Friendihip or Purchaſe, was ſubſtituted in the Place of that of the
Merchant; and Men were appointed from Home, who were ſo far from being
qualified, that very often they had not had a commercial Education. At
preſent, the Appointment lies with the two Secretaries of State for the
Southern and the Northern Provinces. The Northern Secretary appoints all
the Conſuls reſiding in the Northern Kingdoms of Europe, and the Southern,
all thoſe reſiding in the South. Some of our commercial corporate Compa-
nions however ſtill retain the Privilege of appointing their own Confuls.
One Reaſon aſſigned, for a Revolution in the Mode of appointing our
Conſuls was, that the Office of a Conſul was incompatible with that of a
Merchant, and that it was impoſſible for him to maintain the Dignity of his
Office if he carried on Trade upon his own Account; for it might induce
him to a& partially upon many Occaſions. This is fo far true, that Confuls
ought

280
OF CONSU L S.

1. Powers ſo
ought not to be ſuffered to trade, for, having Salaries annexed to their Office,
they ought to decline all commercial Intereſt from the Time of their Ap-
pointment; and this Rule being obſerved, the Propriety of appointing Men
who have been brought up in the mercantile Line ſtill remains in full Force.
The French ſtrictly enjoin their Conſuls in all foreign Countries not to carry
on any Commerce whatever, under Penalty of Diſmiſſion from their Office.
But the Britiſh Conſuls, contrary to found Policy, are ſtill permitted to trade
in all the Ports, where it is not prohibited (as it ought to be) by the Sovereign
of the Country. This Remark will be juſtified, when we come to the Con-
ſideration of the peculiar Duties of their Station.
The Admiſſion of a Conſul to reſide and exerciſe his Functions in any Part
of the Dominions of a foreign Power depends upon Circumſtances. Where
the Right of ſending Conſuls to reſide in each other's Dominions is expreſsly
ftipulated in commercial Treaties, ſubfifting between the Crown of Great-
Britain and the States to whom they are ſent, they may object to the Perſon
appointed, and by their Ambaſſador make Requiſition for the Appointment of
another, afligning proper Reaſons for their Rejection of the Firſt; but they
cannot reject the King's Commiſſion. Whereas, thoſe Potentates with whom
we have no commercial Treaties, ftipulating the Appointment of aConful,
may not only refuſe the Perſon, but the Commiſſion itſelf, without Violation
,
Country: For the Law of Nations does not include this Appointment; how-
ever it is uſual to grant Permiſſion. Yet, the Difference is eſſential, for the
Conſul, whoſe Reſidence is founded upon a Treaty, may proceed to much
greater Lengths in the Exerciſe of his Authority, than he who is only ad.
mitted by Permiſſion; every Point, however clear, will be diſputed with
the latter, by the Magiſtracy of the Place where he reſides, jealous of their
own Juriſdiction, and they will be ſupported by their Sovereign and his Mi-
niſters. This Diſtinction was not noticed in any of our commercial Works,
and it is only by Experience that the Editor of this has been enabled to inſert
it, the Britiſh Conſuls in the Auſtrian Netherlands being on Sufferance only.
And, that we may eſtabliſh this Diſtinction upon proper Authority, here fol-
lows the Copies of two Commiſſions, the firſt founded upon Treaty, the
ſecond on Permiſſion only. They were formerly iſſued in Latin, but ſince
our Language has been perfe&ly underſtood in all the Courts of Europe, the
Practice has been diſuſed, and therefore it is unneceſſary to give the Latin
Form as inſerted in former Editions of this Work.
I.

GEORGE, R.
GE
EORGE the Second, by the Grace of God, of Great Britain, France and
Ireland, King, Defender of the Faith, &c. to all and ſingular to whom
theſe Preſents ſhall come Greeting. Whereas it hath been found expedient that
ſome Perſon of known Probity be appointed to act as Conſul in the Town of
Alicant, in the Kingdom of Spain, and to take Care of the Commerce of our
Subjects, who reſide or commonly go there to trade; Know ye therefore, that
We, entirely confiding in the Probity, Affection, Prudence, and Experience,
eſpecially in mercantile Affairs, of our truſty and faithful Subject, Samuel
Tucker, Gentleman, have nominated and appointed, and by theſe Preſents do
nominate and appoint him our Conſul in the ſaid Town of Alicant, together
with all its Members and Appurtenances; giving and granting unto him full
Power and
Commiſſion to aid and protect all our
Subjects that inhabit or fre-
quent the ſaid Town, its Territories and Juriſdiction, or who do, or who ſhall
carry on a Trade, or tranſact Buſineſs in thoſe Parts, Harbour, and Coaſts; ad-
viſing and affifting them, agreeable to the Articles and Treaties of Peace and
Alliance relating to Trade, and firmly concluded between the Crowns of
Great Britain and Spain, and their reſpective Dominions, and to defend our
Subjects in Caſe of Need, in their Trade, Goods, and whatſoever elſe ſhall
appertain
OF CONSUL S.
281
appertain unto them, before all Judges and Magiſtrates; and to take Cogni-
zance of, determine, and compoſe all Differences, Controverſies, and Litigations,
which do, or may happen between them, and to defend and preſerve them in
every thing relating to their Right, Liberty, and Freedom of mutual Trade
and Commerce ; and further to ſubſtitute (as he Thall think fit) one or more
Deputies, or Vice-Conſuls, to act for him in all and every of the aforeſaid
Places, and to do all and every Thing which may promote the Good of our
Subjects, the Increaſe of mutual Friendſhip between the two Kingdoms and
People, and the Freedom and Security of Commerce; and further, that he uſe
and enjoy all, and every the Rights, Honours, Immunities, Liberties, and
Emoluments, which any other Conſul in the aforeſaid Town did, or could of
Right enjoy. And we earneſtly intreat the moſt ſerene and potent Catholick
King our Brother, and we deſire all others whom it may in any wiſe concern, in a
friendly Manner (what we ſtrictly enjoin all our Subjects, by theſe Preſents)
that they acknowledge and admit the ſaid Samuel Tucker as our Conſul in
the aforeſaid Town. In Witneſs whereof, we have cauſed theſe our Letters to
made Patent, and ſigned and ſealed with our own Hand. Given in our
Palace at St. James's the Eleventh Day of December, in the Year of our Lord
One Thouſand Seven Hundred and Twenty-eight, and in the Second Year of
our Reign.
By his Majeſty's Command,
HOLLES NEWCASTLE.
II.
GEORGE, R.
GE
EORGE the Third, by the Grace of God, King of Great Britain, France,
and Ireland, Defender of the Faith, &c. .To our truſty and well-beloved
Michael Hatton, Eſq. Greeting. Whereas, we have thought fit, for the Ad-
vancement of Trade and Commerce in the ſeveral Ports of Oſtend, Nieuport,
and Bruges, in the Province of Flanders, to conſtitute a proper Perſon to be
our Conſul in thoſe Ports, who may, as there ſhall be Occaſion, countenance
and protect our Subjects, being Merchants there, We, in Conſideration of the
good Teſtimony we have received of your Loyalty to us, and of your Ability
to ſerve the faid Merchants, in the Execution of the Office of Conful in thoſe
Ports, do, by theſe Preſents, conſtitute and appoint you the ſaid Michael Hat-
ton, to be our Conſul in the ſaid Ports of Oſtend, Nieuport, and Bruges, together
with all their Members and Dependencies in the ſaid Province of Flanders, and
over all our Subjects who inhabit, frequent, or trade to the ſaid Ports, their Mem-
bers, or Territories; to have, hold, exerciſe and enjoy the ſaid Office of our
Conſul, by yourſelf, or your ſufficient Deputy or Deputies, for and during our
Pleaſure; with all and fingular the Rights, Profits, Privileges, and Immunities
which you yourſelf have, or any other Conſul heretofore hath enjoyed, or which
any of our Conſuls do, or ought to have and enjoy, in any of the Dominions of
any Princes or States, where Conſuls uſually reſide; and we do hereby enjoyn
and require all our Subjects dwelling in,frequenting, or trading to the ſaid
Places or Ports, to pay that Reſpect which is due to you as our Conſul and to
your Deputy. Given at our Court at St. James's the Twentieth Day ot Fe-
bruary, 1761, in the firſt Year of our Reign.
By bis Majeſty's Command,

HOLDERNESSE.
The Britiſh Conſul has no Right to return Home, even for a ſhort Space of
Time, without applying for Leave of Abſence to the Secretary of State, which
having obtained, he is to appoint a Deputy or Deputies to take care of the
commercial Affairs of his Nation, during his Abſence; theſe are no more than
temporary
40
282
OF CONSUL S.
temporary Deputies, and are generally Merchants of the Place: But if the
Conſul, holding ſome other Appointinent from the Crown, is abſent for a con-
fiderable Length of Time, or being infirm, obtains Leave to remain in his na-
tive Country, the Deputy appointed to refide conſtantly for him, may be ap-
pointed by him, but he muſt be preſented to the Secretary of State, and being
approved by him as the ſufficient Deputy under the Commiſſion, he becomes an
Officer of the Crown, takes the Title of Vice CONSUL, and carries on a Cor-
reſpondence with the public Officers, in every Reſpect the ſame as the Conſul.
And, though his Commiſſion is ſigned by the Conſul, being a Copy of his own
with the requiſite Alterations, he has no Power to remove the Vice Conſul ſo
appointed, without the Approbation of the Secretary of State. If there are
any ſubordinate Deputyſhips within the Juriſdiction of the Conſulſhip, it is
the Vice Conſul, in this Caſe, who is to appoint Perſons to act in thoſe Stations,
not the Conſul, who has given up the entire Authority he held under the
King's Commiſſion.
In ſome Countries, as in Portugal, Spain, and Italy, where there is a Scarcity
of Britiſh Subjects, it has been cuſtomary for the Conſul General to appoint
Natives of ſuch Countries to act as their Deputies at inferior Ports, but this is
an unwarrantable and impolitic Practice, founded, like many others, upon
avaricious Priciples in our great Men, whoſe Salaries are amply ſufficient to
enable them to fend for Deputies from Home.
A Conſul is not, in the literal Senſe of the Word, a public Miniſter, but it
is a Miſtake to aſſert, that he has no State Affairs to tranſact, for it is expected
from him., that he ſhould correſpond with the Ambaſſador from his Sovereign
reſiding at the Court of the Prince within whoſe Dominions his conſular Station
lies, and ſend him Information of any Tranſactions, of what Nature foever,
which may prove detrimental to the political or commercial Intereſts of his
King and Country. And in Caſe there is no Ambaſſador or other public Miniſter
reſiding at the ſaid Court, he is to tranſmit his Intelligence directly Home to
the Secretary of State under whoſe Department he ſerves.
But though the Conſul be not a public Miniſter under the Protection of the
Law of Nations, he enjoys ſome important Privileges annexed to his Office,
which diſtinguiſh him from the private Inhabitants of the Place where he re-
fides. Theſe, where the Conſul is admitted only by Permiſſion from the
Prince or State, are regulated generally by the cuſtomary Privileges granted to
them in Countries where the Right of fixing Conſuls is founded upon Treaties.
The principal are, a free Entry for his Furniture and Baggage upon his firſt
Eſtabliſhment-An Exemption from the Exciſes or inland Duties on Liquors
and other Articles of Conſumption for himſelf and Family--A Seat on the
Bench with the Magiſtrates of the Place, when obliged to appear at their Ar-
ſemblies to act as Counſel for the Subjects of his Nation, in all Caſes of Dif-
putes between them and the Natives of the Place-An Exemption from
Iodging the Military in his Houſe-A Guard, when required, to aid and
afựīt him in the Maintenance of his Authority over the Subjects of his own
Country, trading to the Port; which however does not extend to thoſe who are
conſtantly reſident in the Place, and who in all Caſes, whether civil or cri-
minal, as well as the Conſul himſelf, are ſubject to the Juriſdiction of the
Country—The Privilege of receiving a polite Meſſage from the Magiſtrates
requeſting his Attendance, when neceſſary, at their Aſſemblies, inſtead of a
formal Summons or Citation, which (if he means to ſupport the Dignity of
his Sovereign) he muſt never obey. There are likewiſe ſome trifling perſonal
Advantages, but as they do not affect his Office, it is better to leave it to the
good Senſe of the Conſul to diſcover, and uſe them with Diſcretion, than to
mention them as Precedents in this Place, leſt they ſhould be too eagerly con-
tended for, to the Detriment of the commercial Intereſts of his Country.
That the Difference between a Conſul and a public Miniſter may appear in
the moſt ſtriking Point of View; the following Cafe, inſerted in the former
Editions of this work, is reprinted,


The
OF CON SU L S.
283
Ambaſſadors:
The Governor of Cadiz, having once affronted and confined the Dutch Wiefqueori's
Conſul, the States General complained thereof to the Court of 'Madrid, as of
Rights of
a Violence done to the Law of Nations, inſtead of urging the Non-Execution P. 40.
of thoſe Treaties, from which alone they ought to have expected Safety for
their pretended Miniſter, and not elſewhere. Some Years ſince, they at-
tempted to make their Conſul (who reſided at Genoa) paſs for a Public Miniſter ;
but the Senate wrote them, that it did not acknowledge him as ſuch, and that
all which it could grant, or they expect for him, was the peaceable Fruition
of thoſe Rights and Privileges, which Cuſtom had beſtowed on this kind of
Employment: The Generality of Conſuls are only Merchants, who, nota
withſtanding their Office of Judge in the Controverſes that may ariſe among
thoſe of their own Nation, carry on at the ſame Time a Traffick, and are
liable to the Laws of the Place where they reſide, as well in civil as in cri-
minal Matters, which is altogether inconſiſtent with the Quality of a Public
Miniſter ; though where it is otherwiſe, and a Conſul does not trade, I think
a proportionable : Regard and Reſpect ought to be paid, as due to his
Character.
In the Year 1634, the Republick of Venice had almoſt broke with Pope
Urban VIII. on Account of the Violence offered by the Governor of Ancona;
to the Conſul of that ſage Senate, who, in State and Maritime Affairs, ſtand
one in the foremnoſt Rank of Preceptors.
The Conſul's Name was Michael Oberti, a Native of Bergamo, whoſe Family
had diſcharged that Office for many Years; but the Governor ſuſpecting his
having given ſome Advices, that occafioned the Republick's Gallies to take
ſome ſmall Veſſels belonging to Raguſa, for having ſmuggled the Duties that
are paid in the Gulf, ſo profecuted the Conſul, that he was forced on a Voyage
to Venice, to acquaint the Senate therewith. He was no ſooner departed, than
the Governor put a Garriſon in his Houſe, and carried off his Furniture and
Papers, even thoſe which related to the Functions of his Employment; the
Senate complained hereof, and demanded Reparation with ſo much Warmth,
that the French Ambaffador, apprehending they might proceed to an open
Rupture with the Pope, endeavoured to adjuſt the Difference to the Satisfac-
tion of the Parties offended; but before the Accommodation could be
per-
fected, the Governor cauſed the Conſul to be ſummoned, and for Contumacy
condemned him to Baniſhment, under the Pretext, that during the Contagion
which reigned, he had unladed Goods contrary to the Prohibition. There
was more of Paſſion than Juſtice in this Sentence, as Oberti could prove that
he had done nothing without the Magiſtrate's Approbation; ſo that this ini-
quitous and unjuſt Proceeding gave more Offence to the Senate than the firſt,
and a Repetition of the French Ambaſſador's good Offices was neceſſary, to
diſpoſe the Minds of the jarring Parties to an Accommodation, which he at
laſt accompliſhed, upon Condition, that the Governor ſhould repeal the Out-
lawry and ſuffer Oberti's Re-eſtabliſhment; and that the Senate, who ſhould after-
wards recall Oberti, ſhould ſubſtitute in his place whomſoever it pleaſed. Michael
dying before all this could be executed, the Senate put his Brother in his
Room; but this laſt was no ſooner arrived at Ancona, than the Governor
cauſed him to be impriſoned, and would not releaſe him till he had given
Security for his leaving the Town, and not returning.
The French Miniſters, who had laboured in the Reconciliation, and en-
gaged their Words for Performance of the Conditions, which (as above ex-
prefied) allowed the Venetians to nominate any other for Conſul that they
İhould think fit, were very much chagrined at this Proceeding; and the Senate,
to thew its Reſentment, refuſed Audience to the Nuncio, and forbad its
Ambaſſador to aſk one of the Pope, till they had received ample Satisfaction,
which the Governor was forced to give.
We ſhall now give a general Sketch of the Functions of a Britiſh Conſul
reſiding in a foreign Port, and of the Reſpect and Obedience due to him
from his Fellow-lubjects, being Merchants, Maſters of Ships, or Mariners,
reſorting


I
284
ÓF CONSU L S.
reſorting to the ſaid Port, a Subject which has been fo totally neglected by
our commercial Writers, that it is high Time to ſupply the Deficiency.
A Britiſh Conful, in order to be properly qualified for his Employment,
ſhould take Care to make 1.Emſelf Maſter of the Language uſed by the Court
and the Magiſtracy of the Country where he reſides. If the common People
of the Port
uſe another, he muſt acquire that alſo, that he may be enabled to
ſettle little Differences, without troubling the Magiſtracy of the Place for
the Interpoſition of their Authority. Such are Accidents happening in the
Harbour, of the Ships of one Nation running foul of and doing Damage to
each other, &c. At Oſtend, the vulgar Tongue is Flemiſh, but publick
Buſineſs with the Magiſtracy and with the Court of Bruſſels is tranſacted in
the French Language.
At his firſt Eſtabliſhment, he ſhould procure a TARIFF, or Specification of
the Import Duties on all Commodities arriving at his Port, from Great-Britain
or Ireland. Alſo, of the Duties on all Commodities exported from the ſaid
Port, and deſtined for any Port belonging to the Dominions of his Sovereign.
He muſt take eſpecial Notice of all Prohibitions to prevent the Export or
Import of any Articles, as well on the Part of the State wherein he reſides,
as of the King his Maſter ; that he may admoniſh all Britiſh Subjects againſt
carrying on an illicit Commerce to the Detriment of the Revenues, and in
Violation of the Laws of either. And it is the more eſſential, that he ſhould
attend diligently to this Part of his Duty, becauſe there are Merchants and
Factors in every Country, who for ſelfiíh Ends will encourage Smuggling,
and hazard the Detention, nay, even the Confiſcation of Ships, and the Im-
priſonment of the Maſters and Mariners to the great Injury of Owners, Freight-
ers, and other Parties concerned.
It is his Daty likewiſe to make himſelf Maſter of the Municipal Laws of
the Country, and of all the Ordinances of the Magiſtracy, that his Fellow-
ſubjects may not be involved in Difficulties and Diſtreſſes, through Ignorance,
or be fined and impriſoned through the Artifices of extortionate Farmers of
the Inland Exciſes, or mercenary Officers of the Police, reſembling our trad-
ing Juſtices. They are to conſider themſelves as the lawful Protectors of all
Britiſh Subjects trading to, reſiding in, or travelling through the Places within
their Juriſdiction, but more eſpecially of all Maſters of Britiſh Ships and
Mariners : They are not to ſuffer the Natives to offer them any Infult, or da
them any Wrong, nor the Cuſtom-houſe or other Officers of the Government
of the Country to impoſe on them, illegally to detain their Perſons, Ships,
or Merchandize, or exact Money from them on fraudulent Pretexts ; and in
all Caſes of this Nature, when the Conſuls cannot obtain Redreſs from the
Adminiſtration on the Spot, they are to prefer their Complaint by Memorial
to the Britiſh Miniſter, refiding at the Courts on which their Conſulſhips
depend. If there is no ſuch Miniſter, they are to tranſmit the Memorial
themſelves to the Court, and failing of Redreſs, if the Complaint be well
founded and important, the ſame ſhould be tranſmitted to his Majeſty's prin-
cipal Secretary of State for that Province. They have a Right to demand
Audience of the Prime Miniſter or Miniſters of the Sovereign or State
wherein they reſide, as Perſons inveſted with Public Characters, in the Abſence
or Non-reſidence of Ambaſſadors, or other Publick Miniſters from their own
Sovereign. The Editor had frequent Occaſion to demand it, in the Abſence
of the late Sir James Porter, his Majeſty's Miniſter Plenipotentiary at the
Court of Bruſſels, and he always obtained it with great Politeneſs from the
late Count Cobentzl, Prime Miniſter for the Auſtrian Netherlands, a moſt ac-
compliſhed Stateſman—and from his late Royal Highneſs Prince Charles of
Lorraine (Uncle to the preſent Emperor) Governor General of the Low
Countries.
Inſult or Outrage is offered to the Inhabitants of the Country where
Britiſh Confuls reſide, by Britiſh Subjects, the Magiſtrates before they pro-
ceed to the Puniſhment of the Offenders, will uſually complain to the Con-
fuls, who ought to interpofe their Authority, to ſummons the offending
5
Parties




If any

OF CONSUL ht
.
S.
285
military
, to enable him to fecure and put
to be
, civil and
.
if committed at all, having happened within the territorial Juriſdiction of
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 im-
mediate Satisfaction, and if they refuſe this, he muſt reſign them to the civil
Juriſdiction of the Magiſtrates or to the Military Law of the Garriſon, al-
ways perſiſting however in being preſent, and acting as Counſel or Advocate
upon all Trials of Britiſh Subjects, whether their Lives or Properties be at
Stake. But if an Acculation is brought againſt them for Offences, alledged
natural Sovereign, it is the Duty of Britiſh Conſuls to claim Cognizance of
the Cauſe for his Sovereign, to infiſt upon the Releaſe of the Parties, if detained
in Priſon by the Magiſtracy the Place on any ſuch Accuſation brought
before them; and that all judicial Proceedings againſt them do inſtantly ceaſe.
and put the accuſed Parties on board ſuch
Britiſh Ship as he ſhall judge fit, that they may be conveyed to Great-Britain
to be tried by their proper Judges.
01 A remarkable Caſe of this kind happened in the Beginning of the Year
1768, at Oſtend. Peter Horfema, Maſter of a Merchant-Ship, was driven
On his Paffage he had anchored ſome Days off the Mother Bank, Spithead, and
during this Time his Sailors, as he alledged, had mutinied, and ſigned a
Round Robbin*: Upon coming on Shore, the Britiſh Vice-Conful Mortimer
being abſent (his Duty having called him for a few Days to Dunkirk) he laid
a Charge of Mutiny againſt three of his Men before the Magiſtrates, who
cauſed them to be arreſted, by their Officers, threw them into Priſon, loaded
them with Irons, and would have proceeded to Trial, but upon the Vice-
Conſul's return he preſented a Memorial
, inſiſting that the Men ſhould be
releaſed and given up to him, in Order to their being ſent to England, con-
figned to the Lord Warden of the Port of Dover, to be by him detained till
Orders (hould arrive concerning them from the Court of Admiralty, the Offence,
the King of Great-Britain. The Magiſtrates of Oſtend perſiſted in main-
taining their civil Jurifdiétion over the Priſoners, and prepared without
Delay for the Trial. The Britiſh Vice-Conſul drew up a Memorial and tranſ-
mitted it to Sir William Gordon, his Majeſty's Miniſter at Bruſſels ; that Court
gave evaſive Anſwers, and the Vice-Conſul, finding the Lives of Britiſh Ma-
riners at Stake, applied to the Board of Admiralty at London, ſtating the Caſe.
The Lords of the Admiralty fent the Caſe to their Solicitor, who gave it as
his Opinion, that the Vice-Conful was perfectly in the right, and that Lord
Weymouth, Secretary of State for the Northern Department, ought to lay the
Matter before the King, in ſuch Manner that the Imperial Ambaſſador ſhould
be required inſtantly to write to Vienna, that Orders might be given to the
Government of Bruſſels to ſtop all judicial Proceedings againſt the ſaid Sailors,
and to releaſe them, which was done accordingly.
It is the Duty of Britiſh Conſuls to recover all Wrecks, or Cables, Anchors,
&c. belonging to the King's Ships, found at Sea, by the Fiſhermen, or other
Perſons, and brought into the Ports where they reſide; to pay the accuſtomary
Salvage, and to inform the Navy-Board in England of his Proceedings there-
alſo, to relieve all diſtreſſed Britiſh Mariners, to allow them Sixpence
Daily for their Support, to ſend them Home in the firſt Britiſ Veſſels that
fail for England, and to keep a regular Account of his Diſburſements which
he is to tranſmit Yearly, or oftener if required, to the Navy-Office, atteſted by
two Britiſh Merchants of the Place. I hours
He muſt likewiſe give-free Paffes to all Poor Britiſh Subjects wiſhing to
return Home, directed to the Captains of the King's Pacquet Boat, or Ships
of War, requiring them to take them on board.
4 D
No
non solo levd
A Sea Term for a mutinous Conſpiracy againſt the Captain, in which the Perſons figning the Agreement
write their Names in a Circle round the Paper, ſo that it may not appear who was the firft or Ringleader.
on
286
OF CONSUL S.
No Merchant Ship of his Nation ſhall leave the Port wherein a Britiſh
Conſul reſides without his Paſſport, which he ſhall not grant till all juſt
Demands on the Maſter and the Crew, from the Government of the Country
be ſatisfied, and for this Effect, he ought to ſee the Governor's Paſs, if a
garriſoned Town, or the Burgomaſter's; unleſs the Merchant or Factor to whom
the Ship was configned makes himſelf refponfible for all Confequences.
The Conſul is the natural Arbitrator between the Maſters of Britiſh
Ships, and the Freighters (being Inhabitants of the Place wherein he reſides)
and he muſt therefore attend, if required, at all Arbitrations where Property is
concerned.
His Fees are regularly eſtabliſhed in Countries where large Factories of his
Nation are ſettled ; in ſome Places they are regulated by the Burthen of the
Ship, in others by the Length of the Voyage ; but where there is no fixed
Rule, they are regulated by Precedent. And it is remarkable, that the Conſuls
of other Nations are protected by the Sovereigns, and authoriſed to take the
Conſul's Fees; but the Britiſh have not any Authority whatever to ſupport
their Claim, where there is no commercial Treaty; If a Mafter refuſes to
pay, he cannot detain the Ship, for the Owners and Freighters would bring
their Actions for Damages ; but that excellent Chancellor, Lord Hardwicke,
held that the Conſul might ſend on board, and ſeize 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 Hardſhip upon Britiſh Conſuls is, that they are often obliged to
impriſon diſorderly Seamen, upon the Complaint of their Maſters, as an in-
diſpenſable Duty of their Office, yet every one of theſe Seamen has it in his
Power to bring his Action againſt the Conſul for Falfe Impriſonment in the
Courts of Law in England, when it is probable the Maſter is on a Voyage in
ſome other part of the World.
Therefore, it is the Duty of the Conſul to be very cautious how he con-
fines or puniſhes Britiſh Seamen, or Maſters of Ships, upon their mutual Com-
plaints againſt each other, and to keep a regular well-atteſted Account, fairly
written in a Book for that Purpoſe, of all his official Tranſactions ; entering
therein-The Date of the Arrival every Britiſh Ship, the Maſter's Name,
Name of the Ship, Burden, Quality of Lading, Place from whence the
came, to whom conſigned—and his Departure.
Britiſh Conſuls ſhould ſtrictly mark the Progreſs of the Commerce of other
Nations in the Places of their Reſidence, ſtudy the Means of improving that of
their own, and tranſmit Intelligence to the Secretary
y of State, when it is
upon the Decline, aſſigning the Cauſes, and propoſing ſuitable Remedies.
Laſtly, with Reſpect to Religion, they are to take Care to give no Offence
themſelves, nor ſuffer any Inſult or Indecency to be offered by Britiſh Subjects
to the eſtabliſhed Religion of the Country; neither are they to make a public
Profeſſion of their own, nor to hold Aſſemblies for Proteſtant Worſhip in
Roman Catholic Countries, unleſs expreſsly ſtipulated by Treaty, or permitted :
But, on the other Hand, being always allowed the free Exerciſe thereof pri-
vately, in their own Houſes, they are not to be moleſted therein, nor are they
to be prevented attending or aſſembling at the Houſes of their Conſuls for
ſuch Purpoſes; and the faid Conſuls are to take Care that no Proteſtant be
forced to comply with any of the Rites and Ceremonies of the Religion of
the Country, ſuch as compelling Parents to ſend their Children to be baptized
by their Prieſts, or to be educated in the Romiſ Faith. Neither are they to
ſuffer the Seizure of any Bibles, Common Prayers, or other religious Books in
the Houſes of Britiſh Subjects; though ſuch Books are ſtrictly prohibited by
the Laws of the Country to other Inhabitants. And as Caſes of this kind
ſometimes happen, it may not be improper to obſerve, that a Book taken out
of a Houſe by a Prieſt of Friar ſhould be claimed as the common Property of
the Owner, and the Offender ſhould be proceeded againſt at Common Law,
not by Memorial, the Common Law of every Country affording Relief in
Law of every
ſuch Inſtances,
The


FREEDOM OF NAVIGATION:
287
to
The Office of a Britiſh Conſul is much more difficult in Time of WAR
than in Time of PEACE; eſpecially on Account of the great Care he muſt take
prevent any
Violation of the Neutrality of the Port in which he reſides, by
the Maſters of Britiſh Merchant Ships : For which Reaſon, and becauſe the
Syſtem of the maritime Powers of Europe has juſt undergone a Revolution
tending to diminiſh and reſtrain that univerſal 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
preſent, and before that on Inſurance, as they ſeem to be Subjects intimately
connected; for it is Part of the Conſul's Duty to inform the Owners or Under-
writers of a Ship, if required, whether the Maſter has or has not made void
the Policy of Inſurance by violating the Freedom of Navigation, or the Neu-
trality of Ports.
Of Freedom of Navigation.
LTHOUGH it cannot be expected that Merchants ſhould ſtudy thoroughly
A
all the Laws of Nations, yet it may be ſuppoſed that moſt of them know
ſomething of the Contents of the Treaties of Commerce; and that there is a
Difference in the Treaties of Commerce between England and Denmark and
Sweden, and between England and Holland, and England and France and
Spain ; and that only between the four laſt, the Rule “ of free Ships making
“ free Goods, though belonging to Enemies, except contraband," had been re-
ciprocally eſtabliſhed; however, for the Uſe of thoſe who may be deſirous to
know what paſſed with Regard to Navigation in former Wars, as well as the
preſent, I here ſubjoin ſome remarkable Paſſages which I have met with on
this Subject, with ſome Obſervations that may conſiderably elucidate it.
From the Letters written by that great Stateſman John de Witt, Penſionary
of Holland, and others received from the Dutch Ambaſſadors employed at the
Courts of France and England during his Miniſtry (which were publiſhed at
the Hague 1723-24, in four Parts in 4to) it appears that this Miniſter, being
ſenſible that Holland's Wealth depended chiefly upon keeping Peace, and hav-
ing a free and unmoleſted Navigation from and to all Parts, laboured
hard to obtain from England and France, by particular Treaties of Commerce,
the Conceſſion that free Ships ſhould give Freedom to all Goods, even thoſe
belonging to Enemies, except contraband.--His Letters wrote to, and thoſe
received from, William Boreel, in 1653-54 (Part I. Page 77, 78.) thew that
France by a proviſional Treaty made in 1646, and by a Declaration of the
French King 1651, having allowed this Rule to the Dutch, was the firſt who
deviated from it. Mr. Boreel writes (Page 66, 68.) “ They now ſay that their
“ Enemies ought not to be protected nor ſerved by Ships of the States, in carry-
“ ing their Goods: That ſuch Goods would be taken out of the Dutch Ships,
so and confiſcated as good Prize:” He adds " and the French may perhaps even
“ fall upon maintaining their old Maxim, Que la robe d'ennemi confifque celle
d'ami.” - His Letters wrote to, and thoſe received from, William Nieupoort,
1656 (Part III, Page 226, 230, 332, 333, 340, 426, 427.) Thew that the
Dutch never could obtain from England, during the Time of Oliver Cromwell
,
that this Rule ſhould be allowed; and it ſeems that England, conſidering her-
ſelf to be the firſt of the maritime Powers, thought it more political that
Holland ſhould always remain in the ſame Intereſt, and go along with her. We
find in Aiſtma, or Aitzema, 36th Book of State Affairs and of War, Anno
1656, that upon Mr. Nieupoort's ſo often repeated Solicitations about the marine
Treaty, the Anſwer given by the Engliſh was, that the Demand of “ free
Ships, free Goods," and Paſſport to their Forn, was very unjuſt; and the
Reaſons they alledged are as ſtrong as any that have been made Uſe of ſince.
Here follow Extracts from the Letters written by the Dutch Miniſters in
France and England, to the Penſionary y. De Witt, at the Hague, from 1653
to 1657.-W. Boreel, the Dutch Ambaſſador at Paris, to the Penſionary,



2
Dec.
288
FREEDOM OF NAVIGATION.
Dec. 26, 1653:-“ I perceive well enough that France would go farther in re-
gard to the marine Treaty, which I am ſoliciting, if the War with Spain
was not a Hindrance.-They now maintain the Maxim, that their Enemies
“ muſt in no Manner be protected or ſerved by any of the Ships belonging to
“ the Subjects of their High Mightineſſes, for the carrying their Goods, on
“ Peril, that if any ſuch Goods be met with in Dutch Ships, they shall be
“ made good Prize, and as ſuch be taken out and confiſcated: Which how-
ever is departing from a Law they maintained in former Times, under
“ Francis the Firſt, and Henry the Third, which was Que la robe d'ennemi
confiſque celle d'ami: Whereas now in Dutch Ships the Goods belonging to
“ their and other neutral Subjects ſhall not be confiſcated. I have made all
poſſible Endeavours to obtain, that free Ships ſhould make free Goods, but
as yet without Succeſs.”
From Penfionary DeWitt's Anſwer, 8th of January, 1654.-" I obſerve
“ from your's of the 26th of December that, notwithſtanding you uſed all your
“ Endeavours you could not obtain that free Ships ſhould make free Goods;
whereupon I cannot but believe that the French Miniſters muſt miſappre-
“ hend the Matter, or you explain it wrong; ſince in the Draughts of the
Treaty ſent over, it ſtands clearly explained, that free Ships fhall make free
“ Goods; Que les navires qui trafiqueront & ſeront libre rendront auf tout
“ leur charge libre, bien qu'il y eut dedans de la marchandiſe, même des grains &
legumes, appartenants aux ennemis."--From Mr. Boreel's Letter, Paris,
15th of January 1654—“ It is true, that taking the Senſe of the Words from
“ the firſt Article of the proviſional Treaty, together with the 18th Article
“ of this propoſed Treaty, they confirm clearly your Opinion : But they ſay
" that by the Words, a free Ship ſhall make free Goods, are only meant Goods
“ of Friends, but not of Enemies : And in the ſame Manner they miſconſtrue
“ the Declaration of the 29th of May, 1651, 'which the King made to me,
“ and which is now ſubfiſting, and muſt ſubfiſt till we come to a nearer
" Treaty of Marine and Alliance: It ſays, le roi fait defenſe, &c. de ne point
prendre ni amener dans les ports de France des navires Hollandais chargés
“ de marchandiſes, quand même elles appartiendront aux ennemis, pourvu qu'ils ne
“ tranſportent pas des troupes, marchandiſes de contrabande, &c. What can be
« clearer than theſe Words ? But the People here interpret them as they pleaſe,
" and make Uſe of their Power in judging and executing, and although I coni-
“ plain continually, it is without Fruit and Redreſs.”-By theſe Letters it ap-
pears clear enough, that the French firſt began to miſconſtrue the Senſe of the
Words of free Ships making free Goods.-From Ambaſſador William Nieu-
poort's Letter, London, the 12th of May 1756, to the Penſionary 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 verſa; nor agree to the
“ Formularies of Paſſports propoſed. However, I ſhall uſe my beſt Endea-
“ vours towards it, and as ſoon as I can obtain any Thing from them upon
Paper I ſhall ſend it over." From a Letter of the Penſionary, 23d of
February 1659, to William Nieupoort, at London.-" And I can aſſure you, that
“ if, by concluding a marine Treaty, their High Mightinéfiles, immediately
" after having received the Draughts ſent off a marine Treaty, gave it to the
Commiſſaries, who, upon taking it into conſideration, quickly diſcovered
“ that the principal Point whereupon this Treaty ſhould be built, which is to
“: prevent unjuſt Searches when they meet at Sea, viz. that free Ships make
free Goods, was left out; and it is impracticable for the Dutch to agree to
it in the Manner it is propoſed : Wherefore, &c.”—From a Letter of the
Penſionary, 23d of February 1657, to William Nieupoort, at London.-“ And
I
aſſure you, that if, by concluding a marine Treaty, their High
" Mightineſſes can only obtain the End propoſed in their last Reſolutions,
" though in what they moft defire, namely, that free Ships-thall make free
“ Goods, it ſhould remain deficient, it might take away ſome of the Animo-
** fity, and prevent the Perſons at the Helm from hearkening to any of the Ad-
yances made by Spain, and other Potentates, to their High Mightineſſes."
4
Which


can
66
FREEDOM OF NAVIGATION.
289
-Which is enough to ſhew that the great Penſionary De Witt, whilſt Crom-
well governed in England, could not gain upon him his favourite Maxim,
" that free Ships ſhould make free Goods.” However in King Charles the
Second's Reign, this Rule was allowed by the Treaty of Marine concluded
the 28th of June 1667; and on this Occaſion Sir William Temple, in a Letter
of the 21ſt of May 1667, to my Lord Ambaſſador Coventry, writes, “ Mr.
Godolphin aſſured me, that all parts of the Treaty of Commerce are ſo much
to our Deſire and Advantage, that he hoped to ſee many a rich Man in
England by it.” It would ſeem that Mr. Godolphin's Maxim was, that
England thould have nothing fo much in View as a free Navigation for her
Merchants : And indeed this is certainly of the greateſt Conſequence; but
the Way to have made it effectual would have been to be always watchful,
and keep a navel Power ſuperior to that of our Neighbours, and not to
ſuffer, at the Time of treating, Part of our naval Strength to be ſur-
prized and burnt at Chatham, the 15th of June, by the then vigilant and
powerful Dutch Fleet: By which Action, it ſeems they forwarded the Con-
cluſion of ſuch a Treaty of Marine and Peace, as they had long deſired in vain.
But, as Merchants, it is not ſo much our Buſineſs to enquire whether it was
good Policy to make ſuch Treaties, as to know how long they were ſtrictly
kept.-7. Meerman, one of the Dutch Ambaſſadors in London, 'in a Letter to
the Penſionary, dated February the iſt, 1668, ſays, that, Having com-
plained to the King that the Privateers of Oſtend, with Commiſſions from
“ Spain diſturbed their Navigation, his Majeſty anſwered that he had alſo
“ heard of it, and conſidered it as Acts of Pirates; and he would give Orders,
“ if any of his Subjects ſhould be found on Board thoſe Privateers, to have
“ hanged.”-Mr, It would ſeem as if theſe
“ Privateers were not at all acquainted with the fourteenth Article of the
Treaty of Marque, concluded by their High Mightineſſes with the King of
Spain, which ſays, that free Ships ſhall make free Goods.”-In King William's
Reign, when England and Holland were allied in a War againſt France, they
went ſome Steps farther; for their Declarations and Notifications made to
all Courts inform us, that they would not permit any neutral Nation to
“ navigate and trade with France at all.”—It doth not appear that in the laſt
Wars, England went farther beyond the Bounds of Neutrality than formerly.
Hiſtory will afford Examples enough, that whatever Power gets the better at
Sea or Land in Time of War, commonly makes the moſt of it; the fair
Trader always ſuffered by the finiſter Dealings of the unfair ones; and ſo much
as one Side ſtudied to conceal Truths, the other ſtudied to diſcover them.
By an Extract from Sir Leonine Jenkins's Memoirs (ſee maſqued Property) neu-
tral Merchants will perceive, that during the War, Anno 1676, ſome uſed
to behave in the ſame Manner, and that the ſame Things were practiſed, and
the fame Conſtructions made in our Courts then, as in the laſt Wars: We do not
find that in France or Spain they have been dealt with much better, although
they might juſtly have expected more Favour, ſince thoſe Crowns having
hardly had any Shipping of their own left, wherewith to carry on Trade,
ought in good Policy to have ſet the Example of letting all neutral Shipping
paſs unmoleſted, which would have been much to their Advantage, if they
who remained Maſters of the Sea would have given the fame Freedom. But
might not thoſe who fought the Battles aſk, What fignifies our being Maſters
at Sea, if we ſhall not have Liberty to ſtop Ships from ſerving our Enemy? And
examine to the Bottom of the Thing, it appears very evident, that Sea-
Battles are not fought fo much to kill People, as to be Maſters of Trade,
whereby People live; and by stopping the Supplies of our Enemies, to compel
them in the End to live in Friendſhip with us.
Ships and Veſſels belonging to the Subjects of either of the Parties may not only
paſs, 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 alſo from
a Port or Place in Enmity to a Port or Place in Enmity with the other Party,
whether the faid Places belong to one and the ſame Prince or State, or to ſeve-
ral



when
we
4 E
277
FREEDOM OF NAVIGATION.
Party,
ral Princes of States, with whom the other Party is at War.--Treaty with
Holl. 1764.
The like Freedom of Commerce and Navigation was agreed upon by the
Treaty of 1676, with Spain ; and of 1676, with France; and confirmed by
the ſubſequent and other Articles of the Treaty of Utrecht.
It ſhall be lawful for all and ſingular the Subjects of the Queen of Great-
Britain and of the moſt Chriſtian King, to fail with their Ships with all
Manner of Liberty and Security, no Diſtinction being made who are the
Proprietors of the Merchandizes laden thereon, from any Port to the Places
of thoſe who are now, or ſhall be hereafter at Enmity with the Queen of
Great-Britain or the moſt Chriſtian King: It ihall likewiſe be lawful for the
Subjects and Inhabitants aforeſaid, to ſail with the Ships and Merchandizes
afore-mentioned, and to trade with the ſame Liberty and Security from the
Places, Ports, and Havens of thoſe who are Enemies of both or of either
from the Places of the Enemy afore-mentioned to neutral Places, but alſo
from one Place belonging to an Enemy to another Place belonging to an Ene-
my, whether they be under the Juriſdiction of the fame Prince or under
ſeveral. And as it is now ftipulated concerning Ships and Goods, that free
Ships ſhall alſo give a Freedom to Goods, and that every Thing ſhall be deemed
to be free and exempt, which ſhall be found on board the Ships belonging to
the Subjects of either of the Confederates, although the whole Lading, or any
Part thereof, ſhould appertain to the Enemies of either of their Majeſties,
contraband Goods being always excepted; on the Diſcovery whereof, Matters
ſhall be managed according to the Senſe of the ſubſequent Articles : It is alſo
agreed, in like Manner, that the ſame Liberty be extended to Perſons who
are on board a free Ship, with this Condition, that although they be Enemies
to both or to either Party, they are not to be taken out of that free Ship, unleſs
they are Soldiers, and in actual Service of Enemies-Treaty with France, 1713.
As it appears by Art. 23, in the Treaty of 1654, with Portugal, that
Oliver Cromwell agreed with the Portugueſe to the Rule of " free Ships mak-
ing free Goods,” which he afterwards would not allow to the Dutch, it would
ſeem that he had not yet well conſidered how inconſiſtent it was for a Nation,
whoſe Weight chiefly lay in its Superiority of maritime Strength, to allow
this Rule to any one; or elſe he muſt have more in View, viz. That the
Engliſh Nation ſhould reap the chief Benefit of the Trade from their Eaſt and
Weſt-Indies, whilſt they were conteſting for the Poſſeſſions thereof with the
Dutch. The Portugueſe in their Situation at that Time muſt have found it
difficult to ſupply themſelves ; and therefore might well allow, Art. II,
" that the People and Inhabitants of Great-Britain might navigate and trade
freely and ſafely from Portugal to Brazil, paying the Duties and Cuſtoms
“ which others pay who trade into thoſe Countries :” and “ that they ſhould
“ have the ſame Freedom as had been granted by any former Treaty, or ſhould
“ be granted hereafter, to the Inhabitants of any other Nation in Alliance and
Friendſhip with that Crown.”—But this Freedom ceaſed when they had
no longer Conteſt about their Poſſeſſions; for, as their Friends and Allies
monopolized the Trade of thoſe Places where they had been admitted, and
got footing in the Eaſt and Weſt-Indies, the Portugueſe excluded them, in
Return, from trading to thoſe Settlements which they ſtill retained.
Remarks.—The Treaty of Utrecht, with France, 17.13, was not confirmed
by that of Aix-la-Chapelle, 1748 ; a Sort of tacit Acknowledgment of that Right
the French had aſſumed, as it ſuited their Intereſt, of rejecting the whole of
the former Treaty, as ſome Articles, particularly the 9th could not, by the
expreſs Tenor of them, take Place without an Act of Parliament; which,
however, was never paſſed. The afore-mentioned Treaty with Holland of
1667, was confirmed by the Treaty of 1674; which is now the maritime
Regulation between the two Powers—the 8th Article of this Treaty it is
agreed, " that all which ſhall be found on board the Veſſels belonging to the
Subjects of either of the contracting Parties, ſhall be accounted clear and
free

OF INSURANCË S:
291

Premium paid by the Aſſured, and by this Means cominodiouſly divide the
free although the whole Lading, or any Part thereof, ſhall by juſt Title of
Property belong to the Enemies of the other, contraband Goods only excepted.”
-Here, as in the Treaty of Utrecht, the Difpute is entirely owing to the ge-
neral Terms of the Stipulation ; one Side taking them in their full Extent, while
the other inſiſts upon ſuch Reſtri&tions and Limitations to be put upon them,
as right Reaſon, and the Nature of Things, neceſſarily require; and therefore,
in 1758, when the French, finding themſelves unable to carry on their own
Trade in their own Bottoms, refolved to employ the Dutch, and not only ex-
empted their Vefſels from the Tax of 50 Sous per Ton, but opened to them
all their Ports in America, the Miſchief of ſuffering the Rule to paſs in general
Terms, became notoriouſly manifeſt; and Great Britain reſolved to make Uſe of
thoſe Means which God had put into her Hands to remedy it. Accordingly, great
Numbers of thoſe Dutch Veſſels were taken, and ſome of them adjudged to be law-
ful Prizes by our Court of Admiralty.—The States, being extremely vexed to ſee
the Net which they had ſo cunningly woven, and ſpread over us by the Treaty,
now prove at length, upon the firſt Trial, too weak to hold us, and forcibly broken,
did not ſpare to make heavy Complaints of the Breach. Similar Proceedings
have lately given Riſe, upon Occaſion of our preſent War with France, to a
warm Conteſt between the two moſt natural Friends in Europe.—Sir Joſeph
Yorke preſented, on the 21ſt of March 1780, a very ſtrong Memorial to the
States General, in which he “ enumerates the various Points, in which they
“ have violated the Treaty, by granting Convoys to naval Stores going to
“ France, &c. and the abſolute Silence they have kept as to the formal De-
“ mands of ftipulated Succours from the Republic:"-But their High Mighti-
neſſes ſtill giving no Anfwer thereto, our Court publiſhed, on the 17th of
April 1780, a Declaration, “ That the Subjects of the United Provinces are hence-
“ forward to be conſidered upon the ſame Footing with thoſe of other neutral
“ States not privileged by Treaty; and his Majeſty doth ſuſpend, proviſionally,
“ till further Order, all the particular Stipulations reſpecting the Freedom of
Navigation and Commerce in Time of War, of the Subjects of the States
“ General, &c. and more particularly thoſe contained in the Treaty of 1674."-
On the 3d of April, 1780, however, a Memorial was preſented to the States by
Prince Gallitzin, on the Part of the Empreſs of Ruſſia, with a Copy of a very ex-
traordinary Declaration, which ſhe had made to the belligerent Powers, pur-
porting, “That ſhe was determined to maintain a free Trade and Navigation
cs of her Subjects, and not to ſuffer either to be hurt by thoſe Powers; that
“ her Definition of the Limits of a free Trade is founded upon the cleareſt
“ Notions of natural Right, and that what ſhe called contraband, is literally
“ taken from the Treaty between Ruſſia and Great-Britain, 1734--that the
invites the States General to make a common Cauſe with her; and had
“ made the fame Invitation to the Courts of Copenhagen, Stockholm, and
“ Lifon, in Order that by their united Endeavours a natural Syſtem, founded
on Juſtice, might be eſtabliſhed and legalized in Favour of the Trade of
- neutral Nations, and ſerve as a Rule for future Ages.'
Of Inſurances.
NSURANCE, or AssurANCE, is a Contract or Agreement by which
one or more Particulars (called Infurers, Aſſurers, or Underwriters) take on
them the Riſque of the Value of the Things inſured, in Confideration of a
Hazard of every Adventure, to the great Benefit of Trade, and the Eafe and
Advantage of every one concerned therein. Mr. Molloy, in his Jure Maritimo,
and Mr. Malynes, in his Lex Mercatoria, fay that Seutonius, in his Life of
*, conceives that Emperor to have been the firſt who brought
* Lib 25.
in this Cuſtom of Inſurance, though Monf. Savary, in his Diftionnaire de Com- c. 18.
merce, imputes it to the Jews, in the Year 1182; but whoever was the firſt
or original Inventor, of this uſeful Branch of Buſineſs, it has for
many





1
Claudius Cæfar
Contriver,
292
OF INSURANCE S.
many Ages been practiſed in this Kingdom, and ſuppoſed to have been intro-
duced here jointly with its Twin Brother, Exchanges, by fome Italians from
Lombardy, who at the ſame Time came to ſettle at Antwerp, and among us ;
and this being prior to the Building the Royal Exchange, they ufed to meet in
the Place where Lombard-ſtreet now is, at a Houſe they had, called the Pawn-
Houſe or Lombard, for tranſacting Buſineſs, and as they were then the ſole
Negociators in Inſurance, the Policies made by others in after Times, had a
Clauſe inſerted, that thoſe latter ones pould have as much Force and Effect, as
thoſe formerly made in Lombard-Street.
And as Inſurances in Time grew more general in England, and ſome Difficul-
ties aroſe touching the Recovery of Loſſes, upon Actions on Afumphts; the
Legiſlature, by an Act of Parliament, erected an Office for making and regiſter-
43 Eliz.C.12. ing Policies of Inſurance, and impowered her Majeſty, and her Succeffors, to
grant Commiſſions to Perfons therein mentioned for determining Differences
relating thereto, from whoſe Sentence an Appeal lay to Chancery.
And in Purſuance thereof, an Office was erected and kept on the Weſt Side
of the Royal Exchange; but this Act did not exclude others from making In-
ſurances, in whoſe Policies was inſerted, that they ſhould be of as much Force as
thoſe beretofore made in Lombard-Street, at the Royal-Exchange, or any where
eljé. And there being ſome Defect in the aforeſaid Act, touching the Power
of the Commiſſioners, its Continuance was not of long Duration.
13 and 14 But by a new Act of Parliament, that abovementioned was revived, and large
Car.II.C.23. Powers were given to the Commiſſioners for carrying it into Execution ; and in
Conſequence of this laſt Act, ſeveral Inſurances were made, and all Diſputes
concerning them were determined by the Commiſſioners; but as private Perſons
were not excluded thereby, from carrying on this Buſineſs as before, and the
Commiſſioners taking no Cognizance of any Policies not made in their Office,
and Recovery of Lofles thereon being made eaſy at Common Law, beſides there
having been fome Partiality practiſed by the Commiſſioners, and an Appeal
being allowed from their Determinations to the Court of Chancery, the
Bufineſs of this Court ſoon diminiſhed, and the granting Commiſſions was
9 Ann-C. 6. diſcontinued.
After this no Law was made in England concerning Inſurances (except
one to prohibit inſuring on Marriages, Births, Chriſtenings, and Service) but
all was tranſacted by private Office-Keepers, till one was paſſed in the Year
6Geo.l.C.18. 1720, by which his Majeſty was enabled to grant two Charters, for erecting two
Corporations for infuring Ships and Merchandize, and lending Money on Bot-
tomry, which are now called the Royal-Exchange Aſurance, and the London
Aſſurance, which Corporations are to have perpetual Succeffion, ſubject to Re-
demption, or Power of Revocation, as is here under mentioned; the Corpora-
tion to have Liberty to chuſe their Governors, Directors, Officers, and Servants,
as ſhould be preſcribed in the Charters ; Governors and Directors to continue for
three Years, to have a Seal, and be capable to purchaſe Land, not exceeding
Each Corporation to pay into the Exchequer 300,000l. towards diſcharging
the Debts of the Civil Government,
Each to raiſe ſuch Sums as his Majeſty ſhould direct, not exceeding 1,500,000l.
for paying the 600,000l. and to enable them to pay Loſſes, and lend Money on
Bottomry and Government Securities, which Money is to be raiſed at General
Courts, by taking Subſcriptions, or by Calls, or otherwiſe, as the General
Courts ſhall think fit or expedient, and Stock liable to Calls may be ſold for
that Purpoſe; and Proprietors refuſing Calls to pay 8 per Cent. Intereſt; may
take up Money to advance on parliamentary Securities ; Stock transferable and
deviſable; a perſonal Eſtate not to be taxed; Governors, Directors, &c. may
be Members of Parliament, but not to be Bankrupts on Account of ſuch Stock;
to have Power to make By-Laws, as by Charters ; no other Corporation or
Partnerſhip to infure Ships, or lend Money on Bottomry, on Penalty of for-
feiting the Money aſſured, and the Policy to be void ; and in Caſe of Bottomry,
the Security to be void, and the Contract to be ufurious. None to be Gover-
5



Ditto.
nors,
OF
ÍNSURANCE S.
293
1
C. 30.
nors, &c. or to have Stock in both Corporations. The Parliament at any
Time, within thirty-one Years from the Date of the Charters, upon three
Years Notice in the London Gazette, fixed up on the Royal Exchange, and Pay-
ment of 300,000l. to each Corporation, may then, and not till then, void the
faid Corporations. If, after thirty-one Years, the King ſhall adjudge the Con- Ditto.
tinuance of the ſaid Corporation, to be hurtful, or inconvenient to the Publick,
he
may by Letters Patent void the fame, without any Inquiſition or Scire
facias, in which Caſes the like Power ſhall never be grantable again.
The South Sea and Eaſt India Companies may advance Money on Bottomry
to their Captains, &c.
The ſaid two Corporations, having each paid into the Exchequer 111,2501. 7 Geo. I. C.
in Part of the 300,000l. and having covenanted to pay 38,7 501. further Part 7. S. 26.
thereof in three Months, the Reſidue of the Sums amounting together to
300,00ol. ſhall be releaſed.
Some Acts have ſince paſſed to regulate certain Proceedings at Law, where 8 Geo.I.C.15.
the Corporations were Parties, giving them Power to plead general. And
theſe are all the Acts relating to Inſurances in England, till the following made 11 Geo
. I.
for the better Regulation thereof, and to prohibit them on French Effects, viz.
The Preamble obſerves, that the making Aſſurances, Intereſt or no Intereſt, 19 Geo
, II.
or without further Proof of Intereſt than the Policy, hath been productive of P. 567.
manypernicious Practices, whereby great Numbers of Ships, with their Cargoes,
have either been fraudulently loſt and deſtroyed, or taken by the Enemy in
Time of War; and ſuch Aſſurances have encouraged the Exportation of Wool,
and the carrying on many other prohibited and clandeſtine Trades, which by
Means of ſuch Aſſurances have been concealed, and the Parties concerned ſecured
from Loſs, as well to the Diminution of the publick Revenue, as to the great
Detriment of fair Traders; and by introducing a miſchievous Kind of gaming,
or wagering, under the Pretence of aſſuring the Riſque on Shipping and fair P. 568.
Trade, the Inſtitution and laudable Deſign of making Aſſurances hath been
perverted; and that which was intended for the Encouragement of Trade and
Navigation, has in many Inſtances, become hurtful and deſtructive of the ſame.
For Remedy whereof, It is enacted, That after the iſt Day of Auguſt, 1746, no
Aſſurance ſhall be made by any Perſon or Perſons, Bodies corporate or politick,
on Veſſels belonging to his Majeſty, or his Subjects, or on any Goods, Mer-
chandizes, or Effects on Board the fame, Intereſt or no Intereſt, or without
further Proof of Intereſt than the Policy, or by Way of gaming or wagering,
or without Benefit of Salvage to the Aſſurer, and that every ſuch Aſſurance ſhall
be null and void to all Intents and Purpoſes.
Aſſurance on private Ships of War, fitted out by his Majeſty's Subjects ſolely
to cruize againſt his Enemies, may be made by or for the Owners, Intereſt or
no Intereſt, free of Average, and without Benefit of Salvage to the Aſſurer.
Merchandizes or Effects from any Parts in Europe or America, in the Poffef-
fion of the Crowns of Spain or Portugal, may be aſſured in ſuch Way and Man-
ner as if this Act had not been made.
Reaſſurance ſhall not be made, unlefs the Aſſurer ſhall be inſolvent, become
a Bankrupt, or die, in either of which Caſes fuch Aſſurer, or Executors, &c.
may reaffure to the Sum before aſſured, provided it ſhall be expreſſed in the
Policy to be a Reaſſurance.
After the faid Iſt of Auguſt, all Money to be lent on Bottomry, or at Reſpon-
dentia, upon Ships belonging to his Majeſty's Subjects, bound to or from the
East Indies, ſhall be lent only on the Ship, &c.
In all Actions, &c. brought after the ſaid ift of Auguſt, by Aſſured, upon any P. 569.
Policy of Aſſurance, the Plaintiff, or Attorney, &c. within fifteen Days after
he ſhall be required fo to do in Writing by the Defendant, &c. ſhall declare in
Writing the Sums he hath aſſured, &c. in the Whole, and what Sums he hath
borrowed at Reſpondentia, or Bottomry, for the Voyage or any Part of the
Voyage in Queſtion.
After the ſaid ift of Auguſt
, any Perſon, &c. ſued in an Action of Debt, or P. 570.
Covenant, &c. on Policy of Aſſurance, may bring the Money into Court, and




>
4 F
if
294
OF INSURANCE S.
21 Geo. II.
78.
ment for their Knavery,
if the Plaintiff ſhall refuſe to receive the ſame, with Coſts to be taxed in full
Diſcharge of ſuch Action, and thall afterwards proceed to Trial, and the Jury
ſhall not aſſeſs him Damages exceeding the Sum fo brought, the Plaintiff on
every ſuch Action ſhall pay to the Defendant Coſts to be taxed.
This Act ſhall not extend to, or be in Force againſt Perſons reſiding in any
Parts in Europe, out of his Majeſty's Dominions, for whoſe Account Aſſurance
ſhall be made before the 29th of September, 1746, nor againſt Perſons reſiding
in any Parts of Turkey, Áſia, Africa or Ameriea, for whom Aſſurances ſhall be
made before the 29th of March, 1747:
Inſurance on Ships or Goods appertaining to the Crown and Subjects of France,
D-75376, 77, or lending them Money on Bottomry, is prohibited by this Act, though as it
was only temporary, and its Duration limited to that of the then War, it ex-
pired, and became void.
This Branch of Buſineſs at firſt was confined to maritime Affairs ſolely,
though at preſent it is extended to the inſuring not only Shipping and Mer-
chandizes, but alſo Houſes, Furniture, Lives, Liberties, &c. according to the
different Agreements for that Purpoſe. Theſe Contracts are called Policies,
from the Spaniſh Word Polica, and that originally from the Latin Policitatio or
Promiſe, and are now made either at the publick or private Offices. Of the
former, we have only the two beforementioned in England eſtabliſhed by
Charters, though of the private ones we have many in this City (and of late
Years in ſome others, as Briſtol, Exeter, Liverpool, Hull, Newcaſtle, and
Glaſgow) where great Buſineſs is tranſacted, and I believe on as fair a Footing
as in any Part of the World; though Policies
having been filled up in ſuch
various Terms, and ſuch unexampled Expreſſions inſerted, according to the
different Conceptions, Fancies, or Exigencies of the Inſured, it has naturally
occaſioned many Diſputes, and conſequently brought on lately the moſt famous
Trials that ever employed our Courts on this Subject, of which I ſhall endeavour
to give my Reader a full Detail, in the ſubſequent Part of this Chapter, by
quoting him many of the ſeveral Caſes tried, as I have done the Acts, being
enabled ſo to do, by the kind Aſſiſtance of my Friends, who have generouſly
furniſhed me with the moſt material Deciſions, on the different Conteſts, which
this Branch of Buſineſs has given Birth to, and I ſhall alſo take Occaſion to
mention the Method and Obligation of Inſurances, made in France and Holland,
in order to give full Satisfaction on this Head, and render my Book as com-
plete as poſſible.
ASSURANCES, as I have before obſerved, are of various Kinds, both in re-
gard of the marine and terrene Property; of the firſt, ſome being on Ships,
or Parts of Ships only; others on Merchandize ſingly; and others on Ships and
Goods jointly; and theſe are again branched d out to run either by the Month
(or for a Time ſtipulated) or to one ſingle Port, or out and home, with Li-
berty to touch at the different Places mentioned in the Policy, or for a Trading
Voyage.
Thoſe made on Houſes, Lives, or Liberties, muſt be paid according to the
Tenour of the Agreement, in the full Sum inſured, as theſe Sort of Policies
admit of no Average, and for the firſt (often with their Furniture) againſt Fire,
ſeveral Offices are erected in London, with the Limitation to this Branch only.
Aſurances may likewiſe be made on Goods ſent by Land, or by Hoys, &C.
on Rivers, and this is often done, more eſpecially on Jewels, &c.
They may likewiſe be made on Ships and Goods, loft or not loſt, which is
commonly done when a Ship hath been long mifling, and theſe Words being
inſerted in the Policy, obliges the Underwriters to pay, although the Ship
was loſt at the Time of making ſuch Inſurance, except the Aſſured law the Ship
wrecked, or had then certain Knowledge of her being ſo, in which Caſe the
Subſcription ſhall not oblige, as this is accounted a mere Fraud.
So likewiſe if the aſſured ſhall, on a rotten Veſſel, get inſured more than the
is worth, with the villainous Deſign to deſtroy her, and ſhall afterwards give
Directions to have his roguiſh Intentions put in Execution, this fraudulent Act
will not oblige the Inſurers, but expoſe the Perpetrators of it to condign Puniſh-


Policy
OF INSURANCE S.
295
S. 14:
2 Sal.
.
443.
that the Captain informed the the other Ship loſt Sight of this Ship in the Night,
Policy of Aſſurance to warrant a Ship for twelve Months, the Ship did not Cited in Sir
periſh within the Time of Twelve Months, accounted according to the Solar Wiollafton
Months of January, February, &c. but within twelve Lunar Months, of 1 Leon. 69.
twenty-eight Days to the Month, and it was reſolved that the Policy was not
forfeited.
If a Ship be inſured from the Port of London to Cadiz, and before ſhe breaks Molloy, P.292
Ground is burnt, Inſurers not liable ; but if the Words are at or from the Port S. 9.
of London, they are liable in ſuch Caſe.
An Inſurance made in a foreign Country, may be ſued in England by the Ditto.
Common Law, if the Aſſurers come here.
An Inſurance from London to
void for Uncertainty, tho' private Ditto, P.295:
Inſtructions for the Port, yet the Blank in the Policy will not bind the Inſurer,
Policies being now generally made free of Average, and without Benefit of Sal-
vage, many Diſputes on theſe Heads are avoided.
An Inſurance made on prohibited Goods not binding, unleſs they were pro- Ditto, P.296.
hibited after the Inſurance made; as on Wool, Leather, &c. for ſuch In- S. 15.
ſurances would tend to deſtroy Trade, which is directly to thwart the true In-
tention of all Policies.
Where the Words of the Policy are, the Ships warranted to depart with Con- Jefferies a
voy, it ſhall be intended the ſhall keep with Convoy during the Voyage, if Legendra;
poſſible; and if the depart wilfully from the Convoy, it is a Fraud; but if hav- 3 Lev. 320,
ing departed with Convoy, and by Streſs of Weather ſhe loſes the Convoy and i shoow. 323.
is taken, Inſurers are liable.
If there be Thieves on Shipboard among themſelves, the Maſter of the Ship Lex Mercator,
is to anſwer for that, and not the Inſurer, though the Words of the Policy in- 151.
ſures againſt Loſſes by Thieves, yet they are to be intended aſſailing Thieves.
Suppreſſio veri aut allegatio falſi is ſufficient to diſcharge the Policy; it is a Seamen a Fon-
general Rule, that the Inſured thall inform the Inſurer of all material Circum- nereau, before
L. C. J. Lee,
ſtances which have come to his Knowledge or Information, at the Time of
at Guildhall,
making the Policy, in order that the Contract may be fairly adjuſted; which be-after Trin.
Term, 1742,
ing a Contract upon Chance, cannot be done if one Party knows more than the
other ; Equality in Contracts, by the Law Merchant, is eſſential.
by a Special
One having received a Letter that his Ship failed from Carolina, in Company fendant.
Jury for De
Ship,
Perſon who wrote the Letter, that he was leaky
in ſuch a Latitude, and that after they loſt Sight of the Ship, there had been a
hard Gale for twenty-four Hours ; after this Letter received by the Merchant's
Agent, he made Inſurance without producing this Letter ; the Ship was after-
wards taken near the Land's End by a Spaniſh Privateer, and carried back into
St. Sebaſtian's; this, though the Ship was notloſt by the Leak or the Storm, was
adjudged ſufficient to avoid the Policy, becauſe if the Inſurer had known what
the Inſured did, at the Time of making the Inſurance, he would not have done
it, or at leaſt not on the fame Terms.
A Letter being received, that a Ship failed from Jamaica for London, the Roberts a Fora
24th of November ; after which Inſurance was made, and the Agent told the merean; at the
Inſurer, that the Ship failed the latter End of December; this held likewiſe a
Fraud, and Verdict for the Defendant.
Inſurance was made on the William Galley, from Bremen to London ; war- 2 Sal. 445.
ranted to depart with Convoy, ſhe ſet ſail from Bremen, under Convoy of a
Dutch Man of War to the Elb, where they were joined with two other
Dutch Men of War, and ſeveral Dutch and Engliſh Merchant Ships, whence
they failed to the Texel; after a Stay of nine Weeks, they ſet ſail with an Bond a Gora
Engliſh Squadron of Men of War, and the Galley was ſeparated in a Storm, Sales, Feb. 14
and taken by a French Privateer; and afterwards re-taken by a Dutch Pri- Holt,'c. J. at
vateer ; and paid 80l. Salvage ; ruled by Holt, that the Voyage ought to be Nifi prius, as
to Uſage, and that their going to the Elb, though in Fact out of Guildhall.
was no Deviation, for before that Time there was no Convoy for
Ships directly from Bremen to London, and the Plaintiff had a Verdict.
and Verdict
according
the Way,
Deviation
296
OF INSURANCE S.
2 Sal. 444
Inſurers
liable.
Skinner 411.
S. P. Caſes in
325.
Farr.
Skin. 243.
Ditto, 327
2 Sal. 443.
Lethieullier's
Caſe.
vived the Time limited in the Bottomry Bond, and was loſt within the Time
Deviation diſcharges a Policy from that Time only; therefore Damagë
Green aZoung happening before a Deviation, may be recovered, notwithſtanding there be
mond, 840. afterwards a Deviation.
A Ship in her Voyage was ſeized by the Government, and turned into a
Fire-Ship, the Queſtion was whether the Inſurers were liable; Holt thought it
2 Sal. 444. was within the Word Detention, but the Cauſe was referred.
Lord Ray-
Where the Policy is againſt Reſtraint of Princes, that extends not where
mond, 840.
fuppoſes the the Inſured ſhall navigate againſt the Law of Nations, or where there ſhall
be a Seizure for not paying of Cuſtom, or the like.
2 Vern. 176.
If a Man pays Money on a Policy of Inſurance, ſuppoſing a Loſs where
there was none, this ſhall be Money received to the Uſe of the Inſurer, for
1 Show. 156. which he may maintain an Action.
King's-Bench
Per Holt Nifi Prius, the Captain of a Ship may be changed, without Notice
to the Inſurers. 2. for the Confidence in the Captain might be an Encourage-
2 Vrn. 716. ment to the Inſurers.
Lypypre a
Goods inſured by Agreement, valued at 6ool, and the Inſured not to be
obliged to prove any Intereſt, yet the Inſured was ordered to diſcover, what
Goods he put on board, that the Value of his Goods ſaved may be deducted
out of the bool.
The Policy run, till the Ship ſhould have ended, and be diſcharged of her
Voyage. Arrival at the Port is not a Diſcharge till ſhe is unladen.
If Goods be inſured as the Goods of an Ally, when they are the Goods of
an Enemy, it is a Fraud, and the Inſurance not good.
Inſurance from London to the Eaſt-Indies, warranted to depart with Convoy,
Declaration ſets forth, that the Ship went from London to the Downs,
and from thence with Convoy, which the Court held to be ſufficient, contra
Holt.
In Cafe of Deviation, the Inſurers are not bound to return the Premium,
becauſe they have begun to run a Riſque.
Damages happening to periſhable Goods from their own Nature not to be
borne by the Aſſurer.
2 Verno 269. One, having no Intereſt in a Ship, lent 2001. on a Bottomry Bond, and infured
450l. on the Ship, the Bond was recovered, but the Policy decreed to be
delivered up.
And formerly, if one had no Intereſt, though the Policy run, Interest or no
and E. 77,80.
Intereſt, the Inſurance was void; and the Reaſon was, becauſe Inſurances
were made for the Benefit of Trade, and not that Perſons unconcerned therein,
or intereſted in the Ship, ſhould profit by it; and in this Cafe if the Ship ſur-
limited in the Policy, if Inſurance good, the Defendant might be intitled to
Money on the Bond, and Policy alſo; but ſince this, Inſurances have been
conſtantly adjudged good, on Intereſt or no Intereſt, till the afore-mentioned
Act of 19 Geo. II. Cap. 37, prohibited it,
One lends 250l on a Bottomry Bond, and afterwards inſures on the fame
Vanhatton. Ship, the Ship is loſt, he ſhall have both the Benefit of the Inſurance and
the Bond too.
On a ſpecial Verdict, it was found, that the Ship was loſt per Fraudem &
Negligentiam Magiftri, and Fraud was held to be Barratry, though mere
Knight a
Negligence might not,
Cambridge:
Inſurance, Intereſt or no Intereſt, the Ship was taken by the Enemy, and
and E. 77. kept for nine Days; but before it was carried Infra Prendia, viz. a Place of
Safety, it was retaken by an Engliſh Man.of War. And whether ſuch Taking
Cambridge.
If a ship be was ſuch a Loſs as would entitle the Aſſurer to recover, was the Queſtion, and
taken by a the Court ſeemed to be of Opinion for the Defendant.
not brought Firſt, becauſe they would be never more favourable to an Inſurer
Infra Prendia bonâ fide, or a Wagerer, than to one that inſures bonâ fide, for they held that
bywhoreSub-
an Inſurer, having Intereſt, could not recover, the Property not being altered
jea it was by the Taking. But no Judgement given.
Goddard a
Garrett,
Caſes in L.

2 Vern. 717
Harman a
Mod.Cafesin
L. and E.

230

Caſes in L.
Alievedro a
NOME
I
A
OF INSURANCE S.
297
Stander 2
170. Weaver
a Fowler,
in March,
1723
Garter a
Glover, at
as
above before
A Merchant having a doubtful Account of his Ship, inſures without ac- taken, it is no
quainting the Inſurers what Danger ſhe was in ; this held to be fraudulent, and the pre-
and the Court relieved againſt the Policy.
perty is not
Where it was found by a ſpecial Verdict, that the Inſurer had no Intereſt altered.
De Cofta a
in the Ship, and the Court was of Opinion that made no Difference.
A. made a Policy, and declared under his Hand, on the Back, that the In- Peer Will.
ſurance was made for and on Account of B. and afterwards A. brought an
Action on the Policy, and though the Declaration of B's Intereſt appeared at S.P. Decreed
the Trial, Lee, C. J. was of Opinion, that A. notwithſtanding, might main-
tain the Action and Verdict, p. Quer.
Allievedro a
A Ship was taken by a Spaniſh Privateer of Viana, ſo near the nuteral Cambridge.
Shore as to make a Diſpute whether a Prize or not, and the Ship was carried
into the neutral Port; inſiſted for the Defendant, that as ſhe was not carried Guildhall, 28
Infra Prendia Hoftis, the Property was not changed, and therefore no Proof June, 1744.
of a total Loſs, and Verdict for Plaintiff.
The Proof of an Intention to make a Deviation will not avoid the Policy
Lee C. J.
Cartera Royal
before a Deviation is actually made.
Exch. Ajur.
The Snow, Tryal, William Fefferys, Maſter, was taken up by the Govern- June, 1744.
ment of Carolina as a Flag of Truce, to go to the Havanna, with Pretence to Richard Hill
bring from thence fome Palatines lately taken and carried in there on board & al. a Adam
an Engliſh Ship, the Lydia, Captain Abercrombie, and by this Occaſion ſeveral Spencer, tried
Carolina Merchants loaded Goods aboard her, to a very conſiderable Value, by a ſpecial
and directed their Friend, Mr. James Crockatt of London, to get 10,000l. Jury; at the
inſured on them, and at the ſame Time to inform the Underwriters of every Hilary Term,
Circumſtance of the Voyage, that the Cargo conſiſted of eighty or ninety 1745.
Negroes, and the reſt Manufactures of Great Britain and Germany, all which
was to be regularly cleared out for Providence, where the Veſſel was to have
Liberty to call, in her Way down, for a Pilot; the Allured alſo mentioned the
Probability, that one Maſter of the Spaniſh Language might be cloathed with
the Character of Captain of the Flag, by the aforeſaid Government, and
Jefferys only appear as Pilot, though this latter was to ſign all Bills of Load-
ing; and the fame Inſurance was ordered from the Havanna to Carolina, as
was made to the Havanna. Mr. Crockatt got the 10,000l. inſured at four
private Offices, at and from South Carolina to the Havanna, and at and from
thence back to South Carolina, with Liberty to touch at Providence, outward
and homeward bound, upon any Kind of Goods, laden or to be laden aboard
the Ship called the Tryal (a Flag of Truce Ship) William Jefferys, Maſter,
beginning the Adventure from, and immediately following the Loading there-
of aboard the ſaid Ship at South Carolina, and ſo to continue until the ſaid
Ship, with the Goods whatſoever, ſhall be arrived at the Havanna, and ſo
ſhall further continue till arrived back at South Carolina, and the ſame there
ſafely landed, and it ſhall be lawful for the ſaid Ship in this Voyage to ſtop
and ſtay at any Ports or Places whatſoever, more eſpecially at Providence.
At the Foot of ſome of the Policies are theſe Words, viz. Warranted a
Flag of Truce for the Voyage; and in the others (after deſcribing the Voyage)
the Ship being a Flag of Truce for the Voyage.
The Tryal failed from South Carolina to the Iſland of Providence (after the
Captain had received his Credentials from the Governor as Commander of a
Flag of Truce Ship) where the arrived, and diſpoſed of Part of her Cargo,
and then failed directly towards the Havanna; and being arrived near the Entrance
of the Harbour, was ſeized by a Spaniſh Ship of War, and carried into the
ſaid Place, where her Loading was condemned and ſold, and the Ship, Officers,
and Sailors, detained near five Months; at the Expiration of which Time, the
Governor of the Havanna permitted them to return, with ſome Engliſh that
had been made Priſoners, but without the Palatines they went to reclaim, and
the Governor gave the Captain a Protection to ſcreen him in his Return from
being moleſted by Men of War or Privateers.
Mr. Crockatt, on receiving Advice of the above-mentioned Loſs, demanded
it of the Inſurers, who thinking they had Reaſon to deny the Payment ſuffered
4 G
themſelves


298
OF INSURANCE S.

1
on was
the
in
it, tried at
Guildhall
after Michael-
1747
themſelves to be ſued for it; and Mr. Crockatt, to ſupport his Demand,
offered to produce the Invoice, Bill of Lading, credential Letters, and an
Affidavit under the Seal of the Province of Carolina, atteſting that the Goods
contained in the Invoice, were ſhipped, and Witneſſes, who were ready to
prove viva Voce, the Capture and Sale of the Goods at the Havanna, the De-
tention of the Mariners, and that the Ship returned as a Flag of Truce, with
forty-nine Engliſh Priſoners, to Carolina.
On the other Hand, the Underwriters, to invalidate the Inſurance, pretend-
ed that this was an illicit Trade; that the Ship was not a Flag of Truce, or if
ſhe was ſo, that the Affured, by warranting her to be ſo, did in Effect engage
that the Goods ſhould be exempt from Seizure; that to entitle the Plaintiffs
to a Recovery, it was incumbent on them to thew the Condemnation, and the
Reaſons of the Confiſcations at the Havanna, and many other Arguments
were uſed to ſet aſide the Policy, but the Jury found a Verdiet for the
Plaintiff's.
Huſey a Hew-
The Mary, Captain Wilſon, was hired at London to carry Goods to Dublin,
and an Inſurance was made on Ship and Freight, but in her Paflagę
aſhore on the Sands called Artelow Grounds, and was their deſerted by the
mas Term, Captain and Sailors, who went alhore to ſave their Lives, ſuppoſing the Ship
irretrievably loſt; but ſome Fiſhermen, hearing of the Wreck the Night
before, went out after her, and early in the Morning ſpied a Sail off Meyen-
head, near Artelow in the County of Wicklow, and about thirty Miles from
Dublin, lying afloat in about ten or eleven Fathom of Water, and about a
Mile and a half from Shore, which proved to be the aforeſaid Ship Mary, and
on coming up with her in the laſt quarter Ebb, they found the Ship lying
to, with her Gib Sail hauled to windward, and her Mizen Sail ſet, and on
boarding her, found her entirely deſerted, without one Perſon therein.
After the Fiſhermen had got in, they founded the Pumps, and found fo
little Water in her, that two Hands cleared her in an Hour's Timę, after
which ſhe leaked but very little; and ſome few Hours after, the Fiſhermen,
meeting with a Pilot, agreed with him for half a Guinea to carry her into
Polebegg (which is a place where Ships bound for Dublin, that draw much
Water, are unloaded and diſcharged) where ſhe was delivered to Captain
Wilſon, who took her in Charge, and was afterwards moored, and all her
Cargo delivered ſafe and undamnified, and the Freight accordingly paid for
the ſame.
The Ship was, after her Diſcharge, removed form Polebegg to the Bank
Side, and there laid on the Ground to ſearch if ſhe had received any Damage,
and it was found
that nine or ten Feet of her Sheathing was rubbed off, and
about the ſame Quantity of her falſe Keel broke, and the Ship ſtrained very
much, ſo that they were forced to carry her back to Polebegg, and there
moor again.
The Plaintiff dmanded the whole Inſurance, which was 700l, on a ſup-
poſed Proof of the Ship’s being rendered unfit for any future Service, by
her being run aſhore as aforementioned, and the Defendant tries to invalidate
his Claim, by firſt endeavouring to prove, that ſhe could not be of near the
Value inſured, as lhe was an old New England built Ship, and ſold a little
before, to be broke up, for 150l. but the Purchaſer reſold her to another, who
ſold the Moiety thereof to the Plaintiff, as he aſſerts, for 400l. the Truth of
which Sale the Defendant ſuſpects, as well upon Account of the Lowneſs of
the firſt Purchaſe, as an Eraſure, upon which
the Concern was wrote, and he
likewiſe offers ſome Reaſons to ſuppoſe that the Ship was wilfully run alhore,
and not undeſignedly, as the Captain aſſerts; and to ſupport theſe Allegations,
he refers to the Manner in which ſhe was found, with little or no Damage as
aforeſaid, more than what was occaſioned by her lying aground, that the
Captain had a very bad Character, and it was ſuſpected he made large Iuſurances,
declared, that time
wilfully to loſe the Ship, more eſpecially as the Mate had
have quitted the Ship, and ſeveral other Things to the ſaid Purpoſe; but theſe
not appearing ſo plain to the Jury, they found å Verdict for the Plaintiff.
4.
The
OF INSURANCE S.
299

Michaelmas
count.
The Weſterwyk's Arms, Captain Richard Horner, a Sweediſh Ship and Com- Boehm a Snczu
mander, was charterd at Hamburgh, by Mr. Jacob Bofanquet, a Merchant Term, 1748.
there to fail for London, and there to take in ſuch Goods as he or his Cor-
reſpondents ſhould put on aboard her, and carry them to ſuch Parts of Italy
as he ſhould be directed.
A large Quantity of Goods were loaded aboard her, to the Value of 30 or
40,000l. and among the Shippers the Plaintiff was one, who took this Oppor-
tunity of ſending his Friends Woolens to the Import of 13671. 125. d. con-
figned to one Mr. Anthony Damiani, a Merchant at Leghorn, for the Uſe of
ſeveral Perfons in Italy, by whoſe Orders they were ſhipped, though with the
Circumſtance, that the Property was not to be veſted in them, neither were
they to pay for them, till the Goods were arrived and delivered according to
the Bill of Loading, and conſequently remained the Plaintiff's Property, till
the aforementioned Particulars were complied with, which induced him to
get
et loool. inſured on them, and it was mentioned in the Policy, that the
Goods were warranted to be inſerted in the Bills of Loading, for neutral Ac-
This was a Cuſtom during a War, in Order to ſcreen Goods from the
Enemies Seizure, and the Captains of neutral Ships would not fign Bills of
Loading without this Inſertion, which was Mr. Boehm's Motive for filling up
his accordingly, and the fame occurred with the other Gentlemen on ſhipping
their Goods, as the ſaid Warranty and Declaration were inſerted in all the
Policies and Bills of Loading.
This Ship in her Voyage was taken by a Spaniſh Privateer, and carried into
Ceuta, a Spaniſh Port on the Coaſt of Barbary, where the Goods were con-
demned as lawful Prize, as appears by a Copy and Tranſlation of the Sentence
of Condemnation, though the Ship was ſet at Liberty, and the Captain after
fruitleſly folliciting the Releaſe of his Cargo at Ceuta, went to Cadiz to reclaim
it, where, notwithſtanding he was joined in Sollicitations by the Swediſh Con-
ful, and both aſſerted the Honour of the Flag, and the neutral Property of
the Merchandize, they could prevail nothing towards altering of the Sentence,
which ſtood confirmed, though whilſt this was tranſacting Mr. Boebm de-
manded his Injurance of the Underwriters, who being convinced of the Juſt-
neſs thereof, came to the Agreement of paying him 50l. per Cent, and
accordingly endorſed the Policy in the following Manner, vize tops orang
TE whoſe Names are hereunto ſubſcribed, do agree to pay unto the
Aſſured gol. per Cent. on our ſeveral Subſcriptions on this Policy, in a
Month from the Date hereof, but in Caſe the Goods are reſtored in Safety,
and are diſcharged according to the Tenour of the Policy, the ſaid gol. per
Cent. are to be repaid to us by the Aſſured, we engaging to make good any
-Average or Damages that may enſue by the Detention of the ſaid Goods. Ha
Signed by all the Underwriters.
And afterwards there was likewiſe indorſed the following Words, viz.
Whereas the within mentioned Ship, the Weſterwyk's Arms, Captain Horner,
from London to Leghorn, was taken by the Spaniards in July, 1746, and for-
cibly carried into Ceuta, where ſhe has been detained with her Cargo ever
fince, and notwithſtanding all the Application and Endeavours that have been
made Uſe of by the Affured and his Agents for their Releaſe, they have hither-
to proved fruitleſs, and without Succeſs; therefore We, the Underwriters on
this Policy, do agree to pay: Mr. Thomas Boehm, the Affured, the remaining
Cent. in one Month from the Date hereof, which the faid Mr. Thomas
Boehm obliges himſelf to refund and pay back again, in-Caſe his faid Goods ſhould
be hereafter releaſed, and arrive ſafe at Leghorn, according to the Tenor of this
Policy, we engaging ourſelves to make good any Average or Damage that may
Adventure, and the Afſured promifes and obliges himſelf to con-
tinue his utmoſt Endeavours that his faid Goods may be reſtored and diſ-
charged.
she doit som htetito srl is supis The
WE
48 per
enſue in thish
300
OF INSURANCE Ś.
at Guildhall.
The preſent Defendant only ſigned the firſt of theſe Agreements, but never
paid the Money purſuant thereto, though all the reſt of the Underwriters ſigned
both, and have paid their Money long ago.
The Plaintiff proved, that the Defendant was acquainted when he underwrote
the Policy, with the Reaſons for inſerting the Words, that the Goods Thould
be warranted to be inſerted in the Bills of Loading for neutral Account: He
alſo proved his Intereſt, and that the Goods were his, till delivered; that all
the Underwriters on this Ship have paid their Loffes, to the afore-mentioned
Value of between 30, and 40,000l. and that even the Defendant himſelf had
paid one on her: He alſo proved by a Perſon, viva voce, who had ſeen the Ship
at Cadiz, and heard the Captain and Swediſh Conſul diſcourſe about their Soli-
citations for freeing the Goods, which, joined to the before-mentioned Copy of
her Condemnation, he thought ſufficient Proofs of the Loſs, but the Defen-
dant being of a contrary Opinion, and not ſatisfied therewith, ſtood a Trial,
when the Jury found a Verdict for the Plaintiff:
Falabert and The Dartmouth Galley being fitted out as a Privateer, failed (in Company
Hevila monawith the Fortune) in October 1744, on a Cruize, and the Plaintiffs being con-
jun. Trinity cerned therein, got Inſurance made on their Part for one Calendar Month, of
Term, 1749, which the Defendant underwrote 2001. and the ſaid Ships, after being out two
Days, fell in with two French Men of War, with whom the Dartmouth en-
gaged, and after a gallant Defence was taken by them, though not till the
Captain and two more were killed, and ſeveral wounded, when the Lieutenant
ſeeing the Inequality of the Combat, ordered the Colours to be ſtruck, and ſur-
rendered, on which the Conquerors ordered the Dartmouth's People to hoiſt
out their Barge, and go as many as could on board the Man of War, but the
Dartmouth's Men finding an Opportunity failed away, and got off; their Ene-
mies purſuing and overtaking them, they were obliged finally to ſubmit, and
the Men of War fent a Lieutenant, with a ſufficient Power to take Poffeffion
of the Dartmouth, in whoſe Cuſtody ſhe continued only about an Hour and
a Half, or two Hours; for the Lieutenant and his Company perceiving ſhe was
leaky, by one of the Men of War running foul of her, and ſtarting a Plank,
during the Engagement, called to his Commanders to ſend a Boat for them, as
they feared finking, which they immediately complied with, and the Lieu-
tenant of the Dartmouth, and about ninety of her men were carried into France,
and the Boatſwain being left on board with about twenty more (including
nine wounded ones) ſearched for, and in a great Meaſure ſtopped her Leaks,
and taking Advantage of the French Men's Fears and the Night, in two Days
after got ſafe again into Dartmouth; and foon after her Arrival there, was re-
fitted by the Owners, and failed on another Cruize.
waste
After this the faid Ship was kept inſured from Month to Month, and the
Defendant underwrote ſeveral ſubſequent Policies on her, being always told by
the Office-Keeper that he was of the firſt Policy, and neither he nor the Plain-
tiff ever pretended to demand any Thing of him on Account thereof.
In about fix Months after the Expiration of the aforeſaid Policy, the Defen-
dant paid the Plaintiffs a Loſs on her, having continued to inſure her Monthly,
from the Policy in Queſtion, and the Plaintiffs when they received it, never ſo
much as inſinuated, or pretended they had any Right to the firſt Inſurance ;
however, the Plaintiffs have now claimed it, as the taking of the Ship, and
carrying of her men away, entirely overſet the Cruize, and the could not be re-
fitted and ſail on another before the expiration of the Month for which ſhe
was inſured, and conſequently this proved an entire Lofs to the Aſſured; but
in Support of the contrary, it is alledged by the Defendant, and confirmed by
the Opinion of ſeveral very conſiderable Merchants, that this could not be counted
a total Loſs, more eſpecially as it is not on a Cruize, the Words of the Policy
being, to be inſured loft or not loft, to any Ports or Places, for one
Calendar
Month, but no Mention at all made of any Cruize; on which Account the De-
fendant fuppoſes there could be no Interruption to a Thing never guarded againſt;
and beſides the Ship was ſo far from being a total Loſs to the Owners on the
firſt Riſque, that the afterwards met with great Succeſs by taking a very rich
Prize.




5
And
OF INSURANCE S.
201
And if this Doctrine offered by the Plaintiffs had taken place with Reſpect
to Inſurances made for Time, every Collier might bring this as a Plea, as they
are always inſured on thoſe Terms, though it was never apprehended, that every
little Accident which happened within the Time, and obliged them to refit,
was deemed a total Lofs.
The Plaintiffs were nonſuited, becauſe unprepared to ſhew the Impoffibility of her
being fitted out again before the Expiration of the Inſurance.
The Plaintiff cauſed Inſurance to be made for himſelf or others, loft or not Benjamin
loft, on the good Ship L'Heureux, Capt. Beatrix, from Bayonne to Martinico, Cofta a Pou-
the Adventure beginning at and from Bayonne to Martinico, and Cape François chon.
in St. Domingo, with Liberty to touch and ſtay at any Ports or Places what-
foever, without Prejudice to the Inſurance, and without other Proof of Intereſt
in Caſe of Loſs, than the preſent Policy, and the French and American Livres
to be valued Eleven-Pence each, without further Account to be given ; and for
this the Aſſured paid thirty Guineas per Cent. to have twelve Guineas per Cent.
returned, in Caſe the Ship ſhould depart with Convoy from Bayonne or L'Iſle
D'Aix.
The ſaid Ship failed two Days after in Proſecution of the aforeſaid Voyage,
and was taken, brought to London, and condemned; on which the Affured
demanded of the Defendant his Subſcription, which he refuſed to pay for dif-
ferent Reaſons, as will be hereafter mentioned.
Several Merchants in France, particularly at Bourdeaux and Bayonne, after
the Commencement of the French War of 1744, fitted out a great Number of
Ships under a Pretence and Appearance of ſending them to the French Settle-
ments in America, &c. and got them inſured to their full Value at Marſeilles,
and other Places in that Country; and as the Laws of France prohibit every
Perſon from making larger Inſurance than what their Intereſt is, they without
diſcovering what they had done in their own Country, requeſted ſeveral Gentle-
men here to get Inſurance made for them, often to three or four Times more
than their real Intereſt was; and the ſaid Ships being generally taken or loſt,
the Underwriters, without ſuſpecting any Fraud, paid their Subſcription, by
which Means the French concerned in theſe Practices, got more than they
would have done by any fair Adventures.
Theſe Sorts of Tranſactions became at laſt ſo notorious in France, that
Monf. the Count de Maurepas, Director of the Marine in that Country, about May,
1747, took Notice of it, and ſent a Letter to a Merchant at Nantes defiring
him to enquire of his Correſpondent in England, into the Valuations of the ſea
veral Ships and Cargoes mentioned in the Letter (and amongſt them of the
Heureux, Capt. Beatrix, before-mentioned) with the Amount of the Inſurances
made thereon, declaring in the ſaid Letter, that there were great Frauds com-
mitted by Perſons of Bayone and Bourdeaux, in fitting out Ships and making
large Inſurances thereon, and then putting thoſe Ships in the Way of being
taken by the Engliſh. This Gentleman fent a Copy of the above-inentioned
Letter to Mr. Henry Loubier, a Merchant of this City, who generouſly com-
municated the ſame to ſeveral of the principal Underwriters; and they, in Con-
ſequence of this Advice, choſe a few Gentlemen from among themi ſelves as a
Committee, to enquire into theſe Frauds; and they found that ſeveral Gentle-
men in England, had procured Inſurances to be made on French Ships from
Bourdeaux and Bayonne to the Weſt Indies, either upon the Terms of Intereſt or no
Intereſt, or without further Proof of Intereſt than the Policy, to the Amount of
100,000l, of which near the Half was diſputable Loſſes, by there being great
Reaſon to believe, that theſe Inſurances were fraudulent, and among others the
Ship in Queſtion ; upon which a Bill in Chancery was filed, and an Injunction
obtained; but on the Plaintiff's ſwearing he knew no Fraud, the Injunction
was diffolved.
The Committee fent an Anſwer to Mr. Maurepa's Letter, authenticated by
a Notary Publick, whereby it appeared, that the Ship and Cargo in Diſpute
were fold in England for 2881. Tis. 3d. viz. the Cargo for 3881. IIs. 3d. and
the

4 H
1
1
302
OF INSURANCE S.
the Ship for 400l. and there was inſured on her in England, 27901. and at
Marſeilles, it was found, upon Inquiry, that 12,000 Livres had been inſured,
which (reckoning a Livre at vid.) amounts to 550l.
The preceding Circumſtances were offered to the Court in order to diſcharge
the Defendant from paying the Inſurance, but it not being in his power to
prove them, though he ſuppoſed them Matters of Fact, and it appearing plainly
that the Plaintiff had not in the leaſt been guilty of any Fraud, and the Policy
being expreſſly valued, and that in Caſe of Loſs, the Aſſured ſhould not be
obliged to prove his Intereſt by any other Means whatſoever, fave by the preſent
Policy (as is mentioned in the Beginning of this Cafe) and had paid an adequate
Premium to the Riſque, which to the Underwriters was rather leſs than
would have been on an Intereſt to be proved; as in this latter Caſe they are lia-
ble to Averages, which on Policies like this in Queſtion of Intereſt or no Intereſt,
they are ſolely anſwerable for a total Loſs; and the Jury found a Verdict for
the Plaintiff.
The ſame was tried on three other Ships under the fame Circumſtances (on
which large Sums 'had been inſured) and had the ſame Determinations.
Pond a King The Plaintiff, being concerned in the Salamander Privateer, made Inſurance
on her, as well in his own Name, as for and in the Name and Names of all and
every other Perſon or Perſons to whom the ſame did, might, or ſhould apper-
tain, in Part or in all, loſt or not loſt, at and from the Downs (or elſewhere)
to any Ports or Places whatſoever, for and during the Space of three Calendar
Months, to commence from the 21ſt of December, 1744, upon the Body,
Tackle, &c. of the ſaid Ship; and to continue until the ſaid Ship, with her
Tackle, &c. ſhould be arrived at, as above-mentioned, and there had moored
at Anchor twenty-four Hours in good Safety; and it ihould be lawful for the
ſaid Ship in that Voyage, to proceed and fail to, and touch, and ſtay at, any
Ports or Places whatſoever, without Prejudice to that Inſurance; the ſaid Ship,
&c. for ſo much as concerned the Aſſured, was and ſhould be valued at, Intereſt
or no Intereſt, free of Average, and without Benefit of Salvage to the Aſſurers,
touching the Adventure, &c. which they, the Aſſurers, are contented to bear,
and did take upon them in that Voyage, &c. and in Caſe the ſaid Ship ſhould not
be heard of in twelve Months after the Expiration of the above-mentioned three
Months, the Aſſurers agreed to pay the Loſs, and the Aſſured to repay the ſame,
if afterwards the ſaid Ship ſhall be heard of in Safety: The Defendant under-
wrote two different hundred Pounds at ſeparate Times, on the aforeſaid Policy,
and the Ship proceeded on her Voyage, on the 21ſt of December as above-men-
tioned, and was taken by the French, on the 2d of February following, after
an Engagement of more than an Hour with a much ſuperior Force, and after
ſeveral of her Men were killed and wounded; and being thus conquered, 117
of her Men (including the Captain and all the Officers) moſt of her ſmall Arms,
and the Commiſſion, were removed into the Enemy's Ship, and carried into
France, leaving only ſeventeen Engliſh on Board the Salamander (of which five
ſoon after died of their Wounds) and two French Officers, with twenty-four of
their Men; and the ſaid Ship was in Poſſeſſion of theſe their Adverſaries, from
four of the Clock in the Afternoon of the ſaid ad Day of February, until five
of the Clock in the Afternoon of the 5th Day of the fame Month, during all
which Time ſhe was abſolutely in the Power of the Enemy, and was, at the
laſt mentioned Period, retaken by the Hunter Privateer, Capt. Richard Veale, who
put thirty of his Men and two Officers on board her, and kept her cruizing
with him for eight Days, when the ſaid Captain Veale engaged, and took a
French Ship, with which, together with his own Ship and the Salamander, he
endeavoured to gain ſome Port in England or Ireland, but the Wind and Wea-
ther not permitting, he carried them all to Liſbon (a neutral Port) where he lay
a conſiderable Time ; during which Captain Veale took out of the Salamander
two Carriage Guns, and thirty hundred Weight of Bread for his Ship’s Uſe ;
and the Captain of the Durſley Privateer (being in Partnerſhip with the Hunter)
alſo took out two Carriage Guns for the Uſe of his Ship; of all which Captain
Veale made a Manifeſt, and ſent to his Owners, that they might be accountable
for them where they ought.
Captain

ز

OF INSURANCE S.
303
Captain Veale levied and inſtituted a Cauſe or Suit in the Vice Admiralty Court
at Gibraltar, againſt the ſaid Ship, the Salamander, &c. and on the 29th of
April
, 1745, obtained a Decree from the Judge thereof, that the ſaid Ship,
&c. ſhould be reſtored to her rightful Owners, they paying, in Lieu of Salvage,
one third Part of the full, true, and real Value thereof, free and clear from all
Charges and Deductions whatſoever; but as her Capture had intirely overſet her
Voyage before the Expiration of the three Months, for which ſhe was inſured,
the Plaintiff demanded the Inſurance of the Defendant, which being denied,
he ſued him for the fame; and on the Trial at Guildhall, the Jury brought in
their Verdict ſpecial, which occaſioned its being argued before the Judges of the
King's Bench in Hilary Term, 1746, and the Diſpute in Queſtion ſeemed to
turn on this point, viz. whether a Policy made free of - Average can affect the
Inſurer but by a total Loſs. This was ſtrongly urged in Favour of the Defen-
dant, whoſe Council ſnppoſed that the Recapture prevented the total Loſs
which would have happened, had the Enemy carried her into France; and that
he was freed by the Policy from Payment of the Average ordered to be paid in
Lieu of Salvage, ſo that conſequently the Plaintiff's Demand on him was ill
founded and unjuſt; but the Arguments on the contrary Side being ſtrong and
concluſive, I ſhall tranſcribe the greateſt Part of them; and the Queſtions now
upon the ſpecial Verdict are two (one to be conſidered upon the firſt, the other
on the ſecond Count in the Declaration.)
Iſt. Whether the Property of the Prize was diveſted by the Taking; and
2dly. Whether, as it is found that the Voyage was totally broke, and the Pur-
poſe thereof defeated by the Capture, and no Reſtitution made to the Owners,
there is not a Breach of the Policy, ſufficient to give the Plaintiff a Right of
Action, notwithſtanding the Recapture, and though the Property be not changed,
and the Inſurance be made free of Average.
iſt. It is found that the Ship was taken by the Enemies as a Prize, and that
a Hundred and ſeventeen Men (including the Captain and Officers) with the
greateſt Part of the ſmall Arms, Commiſſion, &c. were carried into France, and
only ſeventeen Men were left on board, all of which, except three, were
wounded, and five of them died ſoon after, ſo that they were not able to navi-
gate the Ship: but two French Officers and twenty-four Men were put aboard,
and the ſaid Ship ſo conquered remained in the Poſſeſſion of the Enemy, from
the 2d to the 5th of February, and during all that Time, was abſolutely in
their Power ; and that thereby the Voyage inſured was totally prevented.
Theſe Facts, according to the Laws of France, Spain, Holland, Sweden, and
other European Nations, are ſufficient to diveſt the Property of the Prize ;
but according to the Opinion of ſome Writers, who draw their Notions
from the Rule of the Civil Law, the Property of a Ship taken at Sea, is
not diveſted 'till the Prize is brought Infra Fines, or Infra Præfidia Ca-
pientium.
If the Queſtion therefore is to be determined by the preſent Law of Nations,
it is with the Plaintiff, for thereby the Property of a Prize is changed.
By a firm Poſſeſſion of twenty-four Hours.
But if by the Opinion of certain Doctors of the Civil Law, it is againſt the
Plaintif
The Prize not being brought Infra Fines Hoftium.
It ſeeems to be agreed by all the contending Writers upon this Queſtion, that
the legal Principle, which veſts the Property of a Prize, is
Such a Taking as enables the Captor to retain and defend the Poſſeſſion, but
their Diſpute is concerning what Circumſtance is declarative of ſuch Ability,
and upon this Head it is that a Variety of Difficulties have aroſe.
Van Bynkerſhock, ſpeaking to this, ſays,
Quando autem ita adepti, videamur Pofleffionem ut retinere, vel non
“ retinere poffimus, Cauſarum Varietas definire non permittit.”
They all likewiſe agree, that when the Spes probabilis recuperandi is loft, or
the Parties may be laid depofuifſe Animum recuperandi, the Property becomes



4

the Captor's.
5
But
304
OF IN S U R A N C E S.
I.
2.
But they cannot ſettle what ſhall be Evidence thereof, though they confeſs
it would be beneficial to the Publick, and reaſonable in itſelf, to put an End
to an Infinity of Litigation, by reducing the Queſtion to a Certainty; yet,
notwithſtanding fo neceſſary an End is fully agreed upon, the Means leading
to it are not: the Doctors, adhering zealouſly to the Rules of the Civil Law,
contend, that the Criterion for determining the Queſtion, ſhall be a bringing
the Prize Infra Prendia; the Law of Nations regarding the general Intereſt
and Convenience of the Subjects, and to give all poſſible Encouragement in
the Time of War for the retaking of Prizes from the Enemy, hath ordained
that a Poſſeſſion of twenty-four Hours ſhall be ſufficient.
And now it is for the Judgement of the Court, to which Side they will pay
the Deference; that is, whether to the Opinion of ſuch Doctors, as Alber.
Gent. Petrinus Bellus, and Van Bynkerſhock, or to the Law and conſtant
Practice uſed in other Nations.
If they adhere to the Doctors, the Queſtion is not finally ſettled amongſt
them, for ſome contend, that there muſt be a bringing Infra Fines Capientium,
others only Infra Claſſem, and ſome into a neutral Port, &c. and ſome go ſo
far as to ſay, that after a bringing Infra Preſidia, there muſt be a Sailing to a
new Deſtination.
But by the Law of Nations, of modern or later Inſtitution, the Certainty
fought for is definitive viz. a Poffefſion of twenty-four Hours; and the
Authorities to prove the Law of Nations on this Queſtion, are,
“ Recentiori Jure Gentium inter Europeos Populos introductum
“ videmus ut talia Capta cenfeantur, ubi per Horas viginti quatuor in Poteſtate
" Hoſtium fuerint. Gro. L. 3. Cap. 6. S. 4.
“ La Coutume vient des anciennes Loix D'Allemagne, & elle a etablie
“ Limitation de l'Eſpace de 24 Heures qu'elles limitérent non fans Raiſon.
so Barb. Notes on Grotius. L. 3. C. 6.
3. “ La même chofe fe pratique en Angleterre, & dans le Royaume de
“ Caſtille, Iden.
4 “ Sed hodie Naves ab Hoſte captæ communi inter Chriſtianos & Ewropeos
Populos, five Jure, five Confuetudine Poſt Liminio— non recipiuntur fi
“ Hoſtis eas non eodem Die navali Pugna iterum amiſerit, ſed ſi per viginti
quatuor Horas in Poteſtate Victoris fuerint tunc enim verè captæ, & proprii
Juris factæ cenfentur. Locenius de Jure Maritimo, &c. L. 2. C. 4. S. 14.
“ Zonch de Jure Feciali, Part 2. S. 8. 21.
5. Quicquid verò clariſſimi Interpretes diſputent de Præda prius in
“ Præſidia deducenda, quam fiat poffidentis aliud, tamen Conſuetudine &
“ Moribus Europeorum hodie obſervatur ut nimirum Præda Capientium
“ fiat, & præfertim Naves Hoſtium de quibus hic Sermo eſt, ſi a Victore per
“ Diem & Noctem poffeffa fuerint. Loc. L. 2. C. 4. S. 8.
6. “ Si aucun Navire de nos Sujets eſt repris ſur nos Ennemis après qu'il
aura demeuré entre leur Mains pendant 24 Heures, la Priſe en ſera bonne, &
“ ſi elle eſt faite avant les 24 Heures, il ſera reſtitué au Proprietaire. Ordon.
" touchant la Marine, Tit. Prizes, Act. 8.
7. “ Simon Greenewegen, an Author frequently quoted as an Authority by
“ the beſt Writers, and who was a celebrated Lawyer * in the laſt Century,
" and of a Famliy that had for a long Courſe of Years fat at the Helm of the
• Government, proves that the Law requiring a Ship to be brought Infra
Præſidia is abrogated, and puts it down as ſuch in his Treatiſe De
Legibus abrogatis, & inuſitatis in Hollandia, viciniſque Regionibus, where
“ he diſtinguſhes what ſhall be ſaid to be Prizes by the Civil Law, and what
by the Law of Nations; to which End, in Lib. 49. Tit. 15. de Captives, &c.
“ he makes ſeveral Diviſions and Subdiviſions of the Subject, and has two
“ Subdiviſions de Navibus, viz. Firſt Capta, quæ dicuntur jure Civili;
Secondly, Gentium, and, under this Head Gentium quotes the Paſſage afore-
“ ſaid from Grotius and adds, that now in Holland a Prize may be good, Nullo
“ habito Reſpectu Temporis, quo Navis in Hoftium Poteftate fuerit, dum tamen
infra Præfidia perducta non fuit. Sim. Grec. De Leg. Abr. P. 353."
6

Dict. Mor.
4
As
OF INSURANCE S.
305
As by the Law of other Nations a Poſſeſſion of twenty-four Hours undoubt-
edly diveſts the Property of a Prize, one might conclude that (as this Queſtion
has not been judicially determined by this Court) it would be reaſonable to
put the Subjects of England upon the fame Footing with thoſe in France,
Spain, Holland, Sweden, &c. eſpecially in mercantile Contracts, which ought
to have the ſame Conſtruction in one trading Country as another, and more
eſpecially as this kind of Inſurance, Intereſt or not, is a Branch of Trade
peculiar to us; but if this will not do, the Queſtion upon the ſecond Count is
to be conſidered, which is,
Whether, upon this Count, there hath not been a Breach of the Policy, or 2d Quefi.
Contract of Inſurance, ſufficient to give the Plaintiff a Right of Action, upon
Intereſt or not?
It is found that the Prize was fitted out to cruize againſt the King's Enemies,
that all her Men except ſeventeen, as aforeſaid, were taken, and carried into
France, and thoſe left, not able to navigate the Ship, and that the Voyage
deſcribed in the Policy was thereby totally prevented, and that, at the Time of
the Verdict, the Ship remained at Liſbon, not reſtored to the Owners.
This ſeems to be a Breach, taking the Policy either upon the Foot of
A CONTRACT or a WAGER.
Conſidering it as a Contra£t, the Agreement is, that the Ship Thall not be
prevented in the Voyage, by any of the Perils or Riſques in the Policy,
amongſt which are all Surpriſals at Sea, Arreſts, Reſtraints, and Detainments
of all Kings, Princes, and People whatſoever; and here has been a Surpriſal at
Sea, and a Detention, whereby the whole Voyage inſured was totally broke, as
is found by the Verdict; and this is a much ſtronger Caſe than Depaiba and
Ludlow, where the Court, for very good Reaſons, determined unanimouſly
for the Plaintiff, as appears by the Judgement of Lord Chief Juſtice King,
delivered as the Opnion of the whole Court; whereby it alſo appears, that a
total Loſs is not neceſſary in all Caſes to give the plaintiff a Right of Action
upon a Policy, Intereſt or not.
The Defendant's Counſel inſiſted in his Argument, that as the Policy was
made free of Average, nothing could affect the Inſurer but a total Loſs, becauſe
all other Loſſes are included within the Import of Average, by the Words of
the Contract.
This is a Miſtake, and appears to be fo from the Words of the Policy,
which immediately follow, viz. and without Benefit of Salvage to the Inſurer.
If nothing but a Loſs of the whole could affect the Inſurer, is it not conſiſtent
that he ſhould renounce the Benefit of Salvage; for what could he have to do
with Salvage, in Caſe he was chargeable, if any Thing was ſaved ?
This therefore is a. Conſtruction not warrantable, being abſolutely incon-
ſiſtent with the expreſs Words of the Policy, which are free of Average,
and without Benefit of Salvage to the Afurer.
And as ſuch a Conſtruction is inconfiſtent, another is to be fought, which is
not ſo repugnant, and which may permit the Words before-mentioned to ſtand
with more Propriety, and this may be done by confining the Import of Average
to a Limitation; and the Definition of Average in the firſt Article of the Ordi-
nance of Fontainbleau touchant la Marine, Titre Avarie, eſtabliſhes ſuch a
Limitation of the Import of this Word, as will give it a conſiſtent Place, as it
ſtands in a Policy of Inſurance: It is by the ſaid Ordon. defined thus ;
- Toute Depenſe extraordinaire que ſe fera pour les Navires et Marchandiſes
conjointment ou ſéparément, et tout Dominage que leur arrivera depuis
“ leur Charge et Départ, juſques à leur Retour et Diſcharge, ſeront
Ordon. of 1681, Tit. 7. des Avaries.”
And it is certain, the true Import of the Word Average, is ſuch Damages
as happen to the Ship or Cargo during the Voyage, as the Loſs of Anchors,
Maſts, Cables, &c. but that which breaks up the Voyage, as in this Caſe a
Capture by Enemies, whereby the whole End, Purpoſe, and Deſign of the
Cruize, was abſolutely defeated by the actual Taking of all the Men, Arms,
Proviſions,


reputez Avaries.
41
OF I N'S U R A N C E S.
3
Chanc. that
abandon.
Proviſions, Commiſſion Officers, &c. cannot, from the obvious Nature,
Circumſtances, and Reaſon of the Thing, and the Authority of the Caſe of
Depaiba and Ludlov be eſteemed barely as an Average, to which the Inſurer
is not liable, but muſt be conſidered as a total Breach of the Contract of Inſu-
rance to which he is liable.
If the Conſtruction contended for by the Defendant was to prevail, the In-
ſurer would rather be indemnified from, than ſubjected to, the Perils inſured
againſt; for if a Taking happens at the Beginning of a Voyage, inſured from
one Port to another, or for Time only, and the Voyage be thereby broke up,
or the Time elapſed, the Recovery of the Ship will ruin the Inſured, and be a
general Releaſe to the Inſurer, who will alſo be thereby indemnified from all the
Rifques in the Policy; whereby, if no ſuch Capture had happened, the Ship
might have been loft, and a Capture and Detention breaking up the Voyage in-
fured, might put the Inſurer in a better Condition than if there had been no
Capture at all, which cannot be the Meaning of the Parties, being inconſiſtent
with the appareat Deſign of an Inſurance.
Beſides, in this Caſe, the Ship inſured is not to this Houſ, as appears by the
* Hartley' a Verdict, reſtored to the Owners; neither was it * worth their while to pay Sal-
Pringle, held
vage and Charges, and raiſe Men to bring her home; and ſuppoſe they had, and
by Lord
ſhe had been taken again by the Enemy, the Time of Inſurance was expired,
the Inſured and the Inſurer in fuch Caſe would have ſaid he was not liable.--Therefore
might
muſt be conſidered as a total Breach of the Policy, and not as a bare Average.
iſt, Here was a Taking and a Detention.
2dly, All the Men, Commiſſion, &c. taken and carried into France, and
never retaken.
zdly, Though Ship retaken, not reftored, and poſſibly never may.
4thly, If reſtored, her Men, Arms, Proviſions, &c. being taken, could not
purſue the Purpoſe of the Voyage, and thesefore the Inſured may abandon the
Benefit of Salvage.
5thly, The Verdict has found the Voyage was thereby totally defeated, and
that is ſufficient.
There are many Caſes where the Plaintiff on a Poliey, Intereſt or not, has
recovered, though no total Loſs of the Ship, but becauſe by the Perils in the
Policy, ſhe was rendered unable to perform the Voyage, as in the Caſe of the
Ludlow Caſtle, and the Caſe of the Providence, between Carter and Barrel,
where the Ship came into St. Ives, bound for London, but being leaky, the
Cargo was unloaded ; and the Ship fold at St. Ives, though it was proved, the
might, at a conſiderable Expence, have been made fit to perform the Voyage,
yet, as without it the Voyage could not be performed, the Plaintiff recovered,
though no Lofs at all of the Ship.
So, in the preſent Caſe, if the Ship had been retaken in an Hour, ſhe could
not have purſued the Voyage, for all the Men, &c. were taken and carried into
France, and therefore the could not navigate herſelf, neither could ſhe have
performed the Voyage inſured.
But taking it upon the Footing of a Wager, as put by the Defendant's Coun-
fel, What is the Wager? It is, that ſuch a Ship, for, and notwithſtanding any
Arreſts, Reſtraints, &c. will fail from London to Jamaica, or fail for three
Calendar Months upon a Cruize (as the Adventure may be.). If therefore by
any Arreſt, Taking, Detention, &c. the Ship is totally prevented from pro-
ceeding in the Voyage, is not the Wager loft ? Has not a Contingency inſured
againſt happened
Upon this caſe, for the Reaſons aforeſaid, and many others ariſing upon the
Nature of the Contract of Aſſurance, and particularly upon the Authority, and
Reaſon in De paiba & Ludlow, the Plaintiff hoped for the Judgement of the
Court in his Favour, which accordingly was given, and the Judges were unani-
mous in their Opinion.
I have enlarged conſiderably on this Caſe (more than on any others) as it is
that which ſettled definitively this Nature of Inſurance, which before was al-
moſt always conteſted, when any little Difficulty happened ; and though the
late


OF INSURANCE S.
307
Gordon and
com-
late Act prohibits the Continuance of a Buſineſs it deems hurtful to the Publick,
yet this Deciſion may be a Government for Diſputes, in other Parts where it
permitted, or in Café the aforeſaid Act ſhould ever be repealed.
The Plaintiffs being Merchants reſiding at Gibraltar, and one of them
Murray, a
ing to London, to purchaſe Goods fit for that Place, bought to near the Value Marrios Fig;
of 3000l, and in Order to forward them to the aforeſaid Place, he took Freight at the Sittings
on the Ship Ranger, Captain Taylor, which he ſaw put up (as accuſtomary) at the after Micbe
Royal Exchange and Portugal Coffee-Houſe, with a Declaration inſerted in the Guildball.
faid Advertiſement, 'that the ship was to fail with the firſt Convoy; and in Con-
ſequence thereof, he ſhipped his Merchandize, and made Inſurance thereon,
to the Amount of 28 301. inſerting in the Policy the Words (warranted to depart
with Convoy) in Conformity with the above-mentioned Placart of the Captain.
The Ship, when loaded, failed from Graveſend the 4th of May, 1746, on
her Voyage, and arrived in the Downs the 7th, where ſhe continued to the 12th,
in Company with the Otter Sloop of War, fome Engliſh Merchant Ships, and
three Dutch Eaſt-India Ships.
Captain Taylor, whilft he lay in the Downs, having received Intelligence
that the Convoy at Spithead was ready to fail, went on board the Otter Sloop in
Order to folicit the Commander's taking him under his Protection to Spithead,
but this the ſaid Gentleman informed him was not in his power to comply
with, as he was ordered on a Cruize, over to the Coaſt of France, whereupon
. Captain Taylor went on board the Commodore of the Dutch Eaſt-India Ships,
who promiſed to take the Ranger under Convoy to Spithead.
On the faid 12th of May, the Otter Ship, the Dutch, and the Ranger weighed
Anchor, as did alſo fome Engliſh Ships for the Benefit of that Convoy, and a
few Hours after they were under Sail, the Otter Sloop parted from them on her
Cruize, and the Ranger proceeded and kept Company with the three Dutch
Ships, till between four and five o'Clock the next Afternoon (being the 13th)
when (in her direct Courſe to Spithead) ſhe was attacked by a French Privateer,
called the Reſource, within three Miles of the Dutch Eall-India Men, and
eighteen of Spithead, where ſhe was to join the Convoy for Gibraltar, and (af-
ter ſome Reſiſtance) ſhe was taken, and carried into Havre de Grace, and there
regularly condemned.
The Plaintiff, on the aforeſaid Capture, applied to the reſpective Under-
writers (and among them to the Defendant) requiring Satisfaction for
his Loſs, but they abſolutely refuſed paying any Thing, inſiſting that the Ship
had not failed according to the Terms of the Policy, viz. at and from London
to Gibraltar, warranted to depart with Convoy, but as the departed without
Convoy (which ſhe ought not to have done) and was taken in Conſequence
thereof, the Inſurers are not held to ſatisfy a Loſs, which they never obliged
themſelves to be anſwerable for ; that the Ship ought to have ſtaid till a Con-
voy had offered, and not gone to ſeek one at ſuch a Diſtance, as evidently ex-
poſed her to be taken in getting thither.
On the contrary, the Plaintiff pleaded, that they had complied with the
Tenour of the Policy, that the Defendant miſconceived the natural Conſtruction
of the Words, warranted to depart with Convoy, as they did not imply, that the
Ship ought to have departed with Convoy from the Port of London, as the Ren-
dezvous for Ships bound to Gibraltar and the Straits is generally to Spit-
bead, where they join the Convoy; and although there may poſſibly be an In-
ſtance or two of a Convoy failing from the Nore and the Downs to Gibraltar,
yet this is an uncommon accidental Thing, and was not to have been expected
on this Occaſion; on the contrary, it was then known that the Convoy for thoſe
Parts was to be at Spithead, and many Ships went there from London to take
the Benefit of it, ſo that the Warrantry could only be underſtood from Spithead,
as it was from the Convoy there the Captain was to take his failing Orders;
beſides, as it was unſafe to lie in the Downs without a Man of War, the Plain-
tiff conceives the Ranger would have run a much greater Riſque, in continuing
there after the Otter's Departure, than ſhe did in failing with her and the Dutcs
Ships, though they were no regular Convoy; and the Plaintiff paid the ſame
Premium





308
OF INSURANCE S.
Premium for his Inſurance, as given on ſeveral Ships at the ſame Time, with a
Warrantry to depart from any Port of the Channel ; and it was the Opinion
of ſeveral Merchants, that Ships, ſailing with Convoy, are to make the beſt of
their way to the Convoy, and not to ſtay for any intermediate one.
The Jury found a Verdict for the Plaintiff:
Hewit a The Plaintiff having underwrote the William and Anne, Capt. Strachan, at and
Flexney at
Guildhall, from Virginia or Maryland to London, had a Mind to reinfure himſelf, and
the Sittings accordingly ordered Mr. Alexander Hoſkins, à Broker, to get it done, who
afem altexhaving complied with the Commiſſion, certified on the Policy, that the
Intereſt was in the Plaintiff.
The Inſurance was made, Intereſt or no Intereſt, free of Average, and with-
out Benefit of Salvage, but under the Policy was this Claule; in Caſe of
Retain, the Aſſurers to have Benefit of Salvage, and pay Average, the ſame as if
wrote on Intereſt.
The Ship failed from Virginia on her Voyage to London, and being about
two hundred and fifteen Leagues to the Weſtward of Cape Clear, after a
Voyage of three Weeks, ſhe 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 fiſhing Seafon, where the continued in
the Enemy's Poſſeſſion and Power, forty-one Days; during which Time, the
Enemy took out of her a great Part of her Cargo, and after ſo rifling her, and
in their Way condemning her, the Captain agreed to ranſom her with what
remained of her Loading, and the Ranſom-Bill being ligned, and his Mate left
as an Hoſtage, they permitted him to purſue his Voyage to London, where
he afterwards arrived.
Soon after the Ship’s Arrival, the Merchants who were concerned in the
Cargo, and had been inſured, applied to their Underwriters for Satisfaction,
when moſt of them ſettled the Average, for what was pillaged, at fifty per
Cent. one at forty, and the preſent Plaintiff paid his Quota thereon, and
afterwards applied to the Defendant, who had reinſured him, to ſettle his
Policy, and it was agreed between them, that it ſhould be on the ſame Footing,
as the major Part of the aforeſaid Underwriters on Intereſt had done, which
the Broker in this Inſurance) underſtanding was done at fifty per Cent, he
endorſed on the Back of the Policy theſe Words, Adjuſted this Lofs at fifty
Pounds per Cent. to pay in one Month, London, 12 December, 1745, and
ſigned by the Defendant.
Daniel Flexney.
Though at the Time the Defendant figned the above-mentioned Note, he told
the Plaintiff, that ſome of the Underwriters, on the original Policies, had
paid an Average only of forty per Cent, and therefore he would pay no more,
and at the ſame Time with his Pen drew a Line through the Word fifty, and
above it wrote forty, which occaſioned ſome Diſpute between them, but the
Indorſement ſo ſigned by the Defendant remained uncancelled.
The Defendant afterwards refuſed making any Satisfaction, under a Sup-
poſition of his having no Obligation thereto, for which his principal Reaſons
were, viz.
iſt, That although he had ſigned ſuch an Adjuſtment at forty per Cent.
yet he is not bound by it, becauſe the Plaintiff objected to it at the Time of
figning, and inſiſted on fifty.
2dly, That although the Ship was in the Enemy's Poffeffion, and carried
into Cape de Grate, yet the afterwards proceeded on the ſame Voyage, and
arrived ſafe in London, therefore there could be no Lofs, ſo as to recover under
a Policy Intereſt or no Intereſt.
To the firſt of which Objections, the Plaintiff admits that he did find Fault
with the Defendant for ſtriking out the Word fifty, and inſerting forty, yet
as the Defendant did not then think proper to cancel the ſaid Adjuſtment,
but permitted it to remain on the Back of the Policy, the Plaintiff apprehended
he had a Right to recover under the faid Adjuſtment.

5
I
As
OF INSURANCE S.
300
As to the Defendant's ſecond Objection, the Plaintiff ſuppoſes, that as the
Ship was carried in by the Enemy to Cape de Grace; and detained till ranſomed,
that this will amount to a total Diveſtiture or Alteration of the Property, and
be deemed ſuch a' Loſs as will entitle him to recover, this Caſe ſeeming to be
of a quite different Nature from a Recapture before the Ship is carried into
an Enemy's Port,
Verdict for the Plaintif

Guildhall.
The Plaintiff having cauſed himſelf to be inſured gol. Intereſt or no Intereſt, Barclay a
free of Average, and without Benefit of Salvage, on the Proſperous Esther, Etheringtones
Captain Miln, from and immediately following her laſt Arrival at Maryland or Trin. Term
Virginia, and to continue till her Arrival at London ; and not caring to appear 17473at
in it, he directed his Broker, Mr. Hart, to get the Policy made in his Name,
which was accordingly done, and as ſhe was deemed a miffing Ship, the
Premium was after the Rate of fixty 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 Weſtward of the
Land's End, and was detained by the Enemy fix Days at Sea, and then both
Ship and Cargo ranſomed for 3500l. but Captain Miln, inſtead of coming
directly to London, where he was bound, on Pretence of bad Weather, put
into Ilfracomb in Devonſhire, from whence he wrote to his Owner, Mr. Dick
of London ; but the ſaid Gentleman's Affairs being then unhappily ſituated,
and having, prior to his Misfortunes, aſſigned the Ship and two Policies of
Inſurance thereon to Mr. Alexander Black, who apprehending by what Captain
Miln wrote, that the Ship and Cargo was much damaged ſince the Capture,
and therefore that the Value might fall ſhort of a Sufficiency to pay the
Ranſom Bill, and incident Charges, he rather choſe to come upon the Inſurers
for his Money, than to have the trouble of taking the Ship and Cargo under
his Care, and therefore abandoned the whole to Captain Miln, to enable
him to pay the Ranſom Bill.
And thereupon Meſ. Simonds of London, Merchants, Agents for the Captors,
ordered Captain Miln to carry the Ship and Cargo to Briſtol
, there to be diſpoſed
of inſtead of bringing her to London, which was accordingly done ; and after
paying the Captain and Sailors their Wages, amounting to upwards of 300l.
the nett Proceeds fell Thort of the Ranſom Bill, owing to the Damage the
received in her Voyage after the Capture.
The Defendant ſuppoſes this was a Gaming Policy, though the Plaintiff
inſiſts upon its being a Reinſurance; and having applied to the Defendant,
after Underwriting, for his Conſent to have it declared fo, he abſolutely
refuſed to admit it.
The Plaintiff ſeemed to lay a good deal-of Streſs on a ſuppoſed Indiſcretion
in the Captain, by paying more for the Ship and Cargo than they were worth ;
but had they eſcaped the Damages ſubſequent to the Ranſom, they would
undoubtedly have ſold for more than they coſt freeing, and never have been
abandoned by the Owners.
The Plaintiff likwiſe inſiſts, that the Ship failed from Virginia, but never
arrived at London, according to the Terms of the Policy, and therefore the
Inſurance was due ; but the Defendant, in Reply, pretends, that the Ships
putting into Ilfracomb was a Deviation, and conſequently not within the
Rifque of the Policy; and beſides, he thinks this is not to be conſidered
as a total Loſs, in the Caſe of Intereſt or no Intereſt
, as it is a mere Wager,
whether the Ship arrives or not; the Ship did arrive in England, and is now
in being, and this was a Ranſom at Sea, only for the Benefit of the Concerned,
but the Defendant could reap no Advantage by it, whether it was prudently
done or not; and it might occaſionally have been more for his Intereſt, if the
Ship had continued at Sea in the Enemy's Poffefſion, as there was a Chance
of her being retaken, before ſhe had been carried infra Prendia, and if the
had, and arrived ſafe, there would have been no Loſs within the Terms of
the Policy; as he preſumes there is no Room to claim a Loſs in Caſes of a
Recapture.

I never have be
4 K
310
OF INSURANCE S.
after Mich.
Term, 1750,
Recapture. Several Merchants, Inſurers, and Brokers, being of Opinion that
on a Policy, Intereſt or no Intereſt, a Capture at Sea is never conſidered as a
total Loſs, unleſs 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 Caſe.
The Yury found a Verdict for the Plaintiff.
Daubony a
The Broomfield was inſured, at and from the Leeward Iſlands to Briſtol,
Read, Sitting Intereſt or no Intereſt, free of Average, Lofs, and without Benefit of Salvage,
and among other Underwriters, the Defendant ſubſcribed; the Ship in her
at Guildhalle' Paſſage Home was taken by a Spaniard, who took out four of her Men and
the Captain, and put nine of his Men aboard, and ordered them to carry
her to Bilboa, for which Place her Courſe was directed; and on her Voyage
there, after having been in Poffeffion of the Enemy thirty-nine Hours, The
was retaken by the Terrible Privateer belonging to Liverpoole, and carried into
Waterford, from whence ſome Propoſals were made to the Owners of the
Terrible, in Order to her Releaſe and Permiſſion to proſecute her intended Voy-
age to Briſtol; but not being agreed to, ſhe was brought to Liverpoole, and af-
ter a Commiſſion of Appraiſement had iſſued out of the Admiralty, ſhe and her
Cargo were ſold, to pay the Salvage due to the Recaptors, as by Act of Par-
liament.
One of her quondam Owners now bought the Whole, and afterwards par-
celled her out among ſeveral Gentlemen at Briſtol (who became Copartners
with him) to which Place ſhe was ordered, and where ſhe arrived; though as
the Plaintiff ſuppoſes, this could not be an Arrival agreeable to, or within the
Intent and Meaning of the Policy in Queſtion, under the Circumſtances above
ſtated, viz. of her Capture, Recapture, Appraiſement, and Sale, and with an
entire new Set of Owners, he thinks he is entitled to a total Loſs.
The Defendant, on the contrary, urges that this was no more than a bare
Capture and Recapture, which he ſays has never been deemed a total Loſs; in
Reply to which the Plaintiff affirms, that this was ſtill more, for the Ship af-
ter being retaken, was carried into Waterford by the Privateer, kept ſome con-
ſiderable Time there, afterwards was carried into Liverpoole, and there (as
above-mentioned) with the Cargo, appraiſed and ſold to pay the Salvage, and a
new Set of Owners engaged before the ſet out for Briſtol, by which the whole
Voyage was altered and loft.
And to juſtify this Plea, he quoted my Lord Chief Juſtice Lee's Sentiments,
when he gave Judgment in the Caſe of the Salamander, viz.
“ We muſt not judge this Cauſe by the Rules of the Civil Law, but we
“ muſt judge it by the Rules of the Common Law, and determine on this po-
licy as an Agreement and Contract between the Parties, whoſe Intention and
Meaning, when they enter into it, muſt govern'; and although in the Civil
“ Law, to make a Forfeiture of an Inſurance there muſt be a total Loſs of Pro-
perty, that is not a Reaſon why it ſhould be required in this Caſe, becauſe
“ here the Policy by the Words of it extends to Accident, where there may be
“ no Lofs of Property, as taking by Pirates, Enemies, Men of War, &c.
“ And this his Lordſhip declared, was taken Notice of by Lord King, in the
• Caſe of De Paiba and Ludlow, where there was no Alteration of Property by
“ that Capture, as Sweden was not at War with England, and yet that was
“ deemed a total Loſs; but in the preſent Caſe, here was a Capture by an
“ Enemy; and his Lordſhip further ſaid, that the Queſtion on the Salamander,
was not, Whether the Property of the Privateer was loſt by this Capture,
" but whether the Capture was ſuch a Peril as is inſured againſt ?
The
Judges were unanimouſly of that Opinion, and Judgement was given for the
6 Plaintiff.
“ Verdiet for the Defendant.”
This Action was brought by the Plaintiff againſt the Defendant, on a Policy
after Trinity of Inſurance, which the latter underwrote ſo long ago as in November, 1743, on
the



Hog a Goulda
ney, Sitting
Term, 1745,
at Guildhall,
OF INSURANCE S.
311
the Ship George and Henry, Captain Bower, at and from Jamaica to London,
Intereſt or no Intereſt, free of Average, and without Benefit of Salvage to the
Inſurers, with a Warrantry annexed to the Policy, viz. Warranted the ſaid Ship
to ſail from Jamaica, with the Fleet that came out under Convoy of the Ludlow-
Caſtle Man of War.
The ſaid Ship did fail accordingly with the Fleet under the aforeſaid Convoy;
but in a great Storm that happened ſome Time after their ſailing, wherein many
Ships were loſt, the George and Henry received ſo much Damage as obliged her
to bear away for Charles Town in South Carolina, where ſhe put in, and upon
Examination was found quite unfit to put to Sea again; whereupon her Cargo
was taken out, and loaded aboard other Ships for London, and the condemned
and broke up.
In Conſequence of which the Plaintiff demanded his Inſurance, and all the
Underwriters, being ſatisfied of the Truth of the aforementioned Facts, paid
their Loſs, except the Defendant, who went ſo far as to ſettle it, and according
to Cuſtom, underwrote the Policy in the following Words and Figures,
Adjuſted the Lofs on this Policy, at ninety-eight Pounds per Cent, which I do
agree to pay one Month after Date, London, 5 July, 1745.
Henry Gouldney,
When this Note became due, he thought himſelf no Way bound by it, but
inſiſted on fuller Proof; particularly of the Ship’s failing under Convoy, as
warranted, and of her Condemnation at Carolina; but it having been always
the Cuſtom, that after ſuch Adjuſtments as above, with Promiſe of Payment
at a certain Day, are made between the Inſured and Inſurer, no further Evi-
dence is ever required, but the Loſs conſtantly paid; it was upon this Ac-
The Yury found a Verdiet for the Plaintiff:
And my Lord Chief Juſtice, conſidering it as a Note of Hand, declared that
the Plaintiff had no Occaſion to enter into the Proof of the Loſs.

count, that
meturns into
The Tiger, Captain Harriſon, being bound from London to Gibraltar, the Arnold a Go-
Plaintiff got an Inſurance made on her, Intereſt or no Intereſt, free of Average, after Trin.
and without Benefit of Salvage to the Inſurers; and at the Foot of the Policy Term, 1747,
at Guildhali.
there was a Warrantry, that the Ship ſhould depart with Convoy from fome Port
in the Channel,
The ſaid Ship proceeded on her Voyage as far as the Downs, and failed from
thence under Convoy, as warranted; but ſoon after her Departure ſhe received
a very conſiderable Damage, which obliged her to return to Dover Pier to re-
fit; and after the neceſſary Repairs were finiſhed, ſhe failed again, in Proſecution
of her Voyage, and for her Security therein, to join the Convoy at Spithead;
but having got as far as the Iſle of Wight, the proved ſo leaky as obliged her
to a ſecond Return, and ſhe once more arrived at Dover, to ſearch for her
Leaks.
Her Owners, on this, thought it adviſeable to have her ſurveyed by Men of
Skill and Judgement, and thereupon two Ship Carpenters, and two Maſters of
Ships, having examined her, declared that they had ſurveyed both Sides from
Stem to Stern above the Wales, and the Tranſom, after the Planks were ripped
off, and found the Timbers to be very rotten, and in ſo bad a Condition that
except all her upper Works were pulled down and new built, they did not judge
her in a fit Condition to proceed on her intended Voyage; and that if ſhe was
fo repaired, the Charges would come to more than ſhe would be worth, with
all belonging to her.
The Plaintiff inſiſts that ſhe was a very good Ship when ſhe ſet out on her
Voyage, and the was only rendered otherwiſe by the bad Weather ſhe had met
with, which at laſt not only rendered her unfit for her Voyage, but occafioned
her proving a total Loſs to her Owners ; that ſhe would have weathered the
Storm, in all Probability, unhurt, had not the Swift Privateer drove foul of
her; that when her firſt Hurt was repaired, the Builder ſuppoſed her ſtronger


3
than
312
OF INSURANCE S.
Leagues to the Weſtward of Cape Clear in Ireland, when ſhe was attacked
than before the Storm; though when ſhe was laid open, her Tranſom (as
before-mentioned) and moſt of her long Timbers were found rotten, ſo that
notwithſtanding it is poſſible ſhe might have performed her Voyage, yet had
her Defects been known no body would have cared to venture in her.
Mr. Burton, who fitted her out in the Thames, declares the was in very
good Condition, and fit for any Voyage; though he did not examine her
Timbers, but only caulked her, and mended her Outſide and Floor Timbers;
but it is natural to ſuppoſe, that if her Timbers were found in October (when
theſe Repairs were done) they could not have been rotten in January, when
the received her Damage.
And the Defendant grounds his Reaſons for not paying the faid Inſurance,
firſt, on that part of the Policy's Contents, which aſſerts the Ship to be tight,
ftaunch, and ſtrong, and (barring future Accidents) able to go through the
Voyage; whereas he ſuppoſes this Vefſel not to have been ſo, as he thinks is
clear, from the preceding Affidavit, and from the verbal Evidence of one
of the Surveyors; to which he adds, in Order to make the Proof of her
Defects the ſtronger, that on her firſt ſetting out the belonged to two Jews,
who, on her Return to Dover Pier the firſt Time, ſold her to Mr. Richard
Glover, a confiderable Merchant of this City, who ordered her to be repaired,
and actually laid out upon her 1501. though, as it appears, was in a Manner
thrown away, as on her ſecond Return ſhe was condemned, broke up, and
ſold in Parcels; and her Incapacity to proceed on her Voyage having been fo
apparent, from the foregoing Survey, as to induce Mr. Glover to deſire the
Shippers to take their Goods out, and though he had got 300l. inſured on
her, he ſeemed ſo fenſible of the deceitful Bargain with the Jews, in ſelling
him an old rotten Ship, that he never demanded one Farthing of the ſaid
Inſurance from the Underwriters.
That the Plaintiff had no Intereſt in the Veſſel, and therefore this was
only a Gaming Policy; and as it is a general Rule in all Caſes of Intereſt or no
Intereſt, that there muſt be total Loſs before the Inſured can recover, and the
Inſurer by this Policy being free from Average, or a partial Loſs, it ſeems to
be the principal Queſtion in this Caſe, whether the Ship brought into Dover
Pier, there condemned as being rotten, divided into Lots, and ſold, will be
conſidered in the Agreement or Wager, as a total Loſs? And to enforce
to the contrary, the Defendant remarks, that there was no Lofs at Sea, no
Capture, but a deliberate Act done by the Owner, upon a regular Survey,
which occaſioned her being broke up, not by Reaſon of the Damage ſhe had
received, but from the Rottenneſs of the principal Parts of her Works.
Verdiet for the Plaintif:
Lane and Caſs The Plaintiffs having received Orders from Mr. John Jones, of Boſton
wall a Jonat. in New-England, to make ſome Inſurance for him on the Repriſal
, Capt.
Sittings after Gowen, and alſo on her Goods and Freight, at and from Cape Fare, in
Hil. Term, North Carolina, to Briſtol; underneath the Policy for the Ship only was inſerted
the ſubſequent Words or Declaration, viz. The following Inſurance is on
the Ship only, valued at the Sum inſured, on which Part the Defendant
underwrote 100l.
The Ship failed from Cape Fare, with a Cargo of Pitch, Tar, &c. in
Proſecution of her Voyage for Briſtol, and got within one Hundred and fifty
and taken by three French Ships, bound for Newfoundland, where they carried
her and her Cargo to a French Port, called Carpoon, after having firſt taken
out all her Men, and diſperſed them aboard their own Ships.
On their Arrival at the aforeſaid Port, the Captors took out all her Pitch,
(being two Hundred and three Barrels) ſome Tar, what Rice was aboard, &c.
and after detaining her about three or four Weeks in the ſaid Port, the Captors
offered Capt. Gowen his ship, and remaining Cargo, for 9500 Livres (about
4251. Sterling) which he accepted, and became the Purchaſer thereof on thoſe
Terms, leaving his Son as an Hoſtage for the Payment of the Ranſom.


ke "Verdict for
.
1745, at
Guildhall.
+
I
The
OF INSURANCE S.
313
The Ship departed from Carpoon, for Briſtol, and on her Voyage met with
very bad Weather, which broke her Rudder, and was forced to put into
Appledore in Devonſhire (the firſt Port they could make with Safety) where
the Captain, firſt and ſecond Mates, Boatſwain, and a Foremaſtman, made a
Proteſt on their Oaths, giving ſuch an Account as the preceding.
The Captain having purchaſed the Ship and Cargo, as before-mentioned,
on his Arrival at Appledore, applied to Mr. Perkins of Briſtol, to whom he
was conſigned by Jones, the Owner, who refuſed to pay the Ranſom Money,
or have any Thing to do with Ship or Cargo, and then the Captain came to
London to the Inſurers; and thoſe on the Goods impowered and deſired him
to ſell the Cargo for what he could, in Order, that if it produced more than
the Ranſom, they might have the Benefit; but the Inſurers on the Ship
would not intermeddle, or give any Direction about it.
The Captain returned to the ship, and ſold that and the Cargo jointly,
for above iool. leſs than the Redemption Money, after deducting Charges,
and he has been obliged to pay, or give Security for the Remainder to
procure his Son's Liberty.
The Ship being thus taken and carried into an Enemy's Port, where the
was detained a conliderable Time, and had great Part of her Cargo taken
out by the Captors, and afterwards meeting with other Misfortunes, which
occaſioned her producing leſs than the Ranſom Money, and conſequently to
prove a total Loſs, to bc made good by the Inſurer.
The preceding is a State of the Caſe, and of the Plaintiffs Demands, who
think themſelves entitled to a total Loſs, as the Policy was valued ; but the
Defendant, on the contrary, pretends, that as Part, both of the Ship and Goods -
were ſaved, he is intitled to an Average, and not ſubject to an entire Loſs ;
but
The Jury found a Verdiet for the Plaintiffs.
The Plaintiff made an Inſurance in London, on the Tryal Privateer, fitted Jenkins a
out at Briſtol for two Calendar Months, where the Ship might then be on a
Sittings after
Cruize, or in any Port or Place whatſoever or whereſoever, the ſaid Ship to Mich. Term,
be valued at Intereft or no Intereſt, free of Average, and without Benefit of Global
Salvage.
The ſaid Privateer being fitted for a Cruize, failed from Briſtol on the 29th
of May, 1746, and ſome Days after ſhe was met by a French Privateer of a
ſuperior Force, who attacked, and, after a brave Defence, took her.
She had been in the Enemy's Hands about eight Hours, without their
removing any of her Men or Stores, when Admiral Martin, with his whole
Fleet, appearing, retook the Tryal; and hearing of the gallant Behaviour,
both of the Captain and .Crew, they unanimouſly agreed to give up their
Salvage to them, and accordingly drew up and ſigned an Inſtrument for that
Purpoſe ; and the Admiral ordered her to be furniſhed with all Neceffaries,
and ſent a Man of War Sloop to ſee her ſafe into Briſtol, where the arrived
the latter End of June, being between three and four Weeks before the
Inſurance expired.
Theſe Circumſtances the Plaintiff thinks, entitles him to a total Loſs, as
the Voyage was overſet, and the Policy being on Intereſt or not, will admit
of no Average.
The Defendant agrees to the laſt Aſſertion, but for that very Reaſon inſiſts,
he has no Loſs to pay, as he is free from a partial one, and there can be no
total one where the Ship is arrived, and as he inſiſts, might have been fitted
out again before the limited Term of the two Months expired, had the
Owners not determined the contrary; and beſides, though the Ship was taken,
yet as ſhe was never carried Infra Præfidia of the Enemy, or was ſo taken, as
to be beyond a Poffibility of a Re-capture; and having returned to Briſtol
, ſo
long Time before the two Months expired as was ſufficient to refit her in, the
Defendant ſuppoſes that the Neglect of the Owners ought not to be imputed


Mackenzie,


4 L
314
OF INSURANCE S.
Wilmer,
Hil. Term,
1747, at
Guildhall.
), which ſhe brought
to the Underwriters, more eſpecially as ſeveral Ship-Builders attended to prove
there was Time enough, as ſeveral Merchants did to give their Opinion with
Regard to the Loſs.
Verdiet for the Plaintif
Boutflower, a The Plaintiff was Owner of the Ship Love and Unity, which he let out to
Freight to one Bateman Humphrys, for a Voyage to Liſbon and back again, and
Sittings after
the Freighter was by Charter-party obliged to victual and man her, which he
did accordingly, putting in the Maſter and Crew, and embarking himſelf, pro-
ceeded on his Voyage, and arrived ſafe at Liſbon; he delivered the outward-
bound Cargo, and put the Ship up for London, in Hopes of getting a Freight
home ; on Advice of which, the Owner and Plaintiff got her inſured, at and
from Liſbon to Graveſend, warranted to fail with the Convoy.
The Freighter being at Liſbon, meditated a Fraud, which iniquitous Scheme
he perpetrated in the following Manner, viz. He made up Rolls of Lead about
the Size of Moidores, Six and Thirties, and Three Pound Twelves, packed
up, and ſealed as ſuch Monies are uſually packed up and ſealed, and made
Packages likewiſe in Imitation of thoſe of Diamonds, and then ſent them
on board. He took Bills of Loading from the Captain, as for real Money
and Diamonds, fent thoſe Bills of Loading home to different Merchants, and
drew conſiderable Sums upon the Credit of them, as well as large Inſurance,
in Order, as it is ſuppoſed, to have loſt the Ship in the Voyage home, and make
the Inſurers pay as though ſuch Effects had actually been on board; but the
Captain, as it is imagined, ſuſpecting ſomething of the Fraud before the Ship
failed, opened one or more of the Packages, and diſcovered the Cheat, finding
nothing but Lead and Glaſs, inſtead of Gold and Diamnonds, of which, he
giving Information to the Engliſh Conſul there, the Freighter ran away, and
the Captain and Crew left the Ship, the Captain coming to England.
The Plaintiff, on knowing what had occurred, by the Maſter's Arrival, im-
mediately applied to the Inſurers, and deſired them to ſend to Liſbon for the
Ship, or furnith him with Money to go and fetch her; but they were of Opinion,
and accordingly acquainted him ſo, that as the Ship was at the Port ſhe was
inſured from, and had not proceeded on her Voyage, it was the Buſineſs of the
Owner, not the Inſurers, to find Maſter and Mariners to navigate her; the
Conſequence of which was, that the Ship lay there neglected till ſhe was broke
to Pieces, whereupon the Plaintiff brought this Action for the Recovery of a
total Loſs.
The Defendant thinks himſelf not obliged, as he preſumes the Words in the
Policy, at and from, can only mean to give the Ship Leave to ſtay at the Port
a reaſonable Time to procure a Lading, and take it in, and not to lie there till
ſhe rots, without attempting the Voyage, as this would be to make the Inſurer
at all Events liable, ſooner or later, whereas he ſuppoſed he undertook a Riſque
of two or three Months only.
But I preſume, the Underwriters would be obliged by the Barretry of the
Maſter and Sailors, as I imagine the Act of deſerting the Ship would be con-
ſtrued, and therefore, abſtracted from all other Arguments, would on this Point
only be condemned.
Verdiet for the Plaintif
Elton a Brog The Plaintiff in the preſent Caſe brought an Action againſt the Defendant,
den, Sittings for an Inſurance this latter underwrote on the Mediterranean, at and from Briſtol
Term, 1746, to Newfoundland, the Ship valued at the Sum inſured, without further Proof
at Guildhall. of Intereſt than the Policy.
It appeared upon the Trial of this Cauſe, that the Plaintiffs, who were Mer-
chants at Briſtol
, were Owners of the Ship in Queſtion, and had ſent her out
upon a Voyage from thence to Newfoundland; that ſhe carried with her a Letter
back to Briſtol, that the foon ſet out again upon the fame Voyage, and took
another Prize, which ſhe alſo returned with.


а
I
Upon
OF INSURANCE S.
315
-
Upon the Ship's coming back, the Plaintiffs applied to the Inſurers for a
Return of Part of the Premium (which was ten Guineas per Cent.) in Regard
they had not run ſo much Riſque, as if the Ship had proceeded the whole
Voyage, and the Inſurers returned three per Cent.
A new Policy was made for the Voyage now under Conſideration, in the ſame
Manner, and on the ſame Terms as the laſt, and the Ship ſet out on her Voyage,
and took another Prize.-The Captain, who was the Plaintiff's only Witneſs,
ſaid, their Directions to him for the preceding Voyages were, that in Caſe he
took any Thing to return with it to Briſtol, or not, as he ſhould think proper;
but in this laſt Voyage their Directions were, if he took any Thing, to ſend it
home by Part of the Crew, and with the other Part to proceed on the Voyage,
and that he would have done ſo, but the Sailors, after the Capture, would not
proceed on the Voyage, but would return to take Care of her to Briſtol; and that
all the Crew, except the Mate, Surgeon, and one other, were of this Mind,
and ſwore if the Captain would not go back, they would not touch a Rope, nor
do the leaſt Thing towards navigating the Ship; on which the Captain was forced
to comply, and let his Ship homeward, as Guard or Convoy to the Prize; that
in going back to Briſtol, the Mediterranean was taken, though the Prize got
in
ſafe, and for this Loſs the Plaintiffs brought their Action.
On the Part of the Defendant it was inſiſted, that this was a Deviation for the
Benefit of the Aſſured, and that the Inſurers were therefore diſcharged.
It appeared on the Captain's Evidence, that the Plaintiffs had given a Part
of all Prizes to the Captain and Ship’s Crew, and that it was for the Care and
Protection of this Prize, which made the Sailors inſiſt to go back with her,
which was the firſt Cauſe and Ground for the Deviation, and therefore, and
for that the Plaintiffs were likewiſe themſelves to be greatly benefited by the
Prize, the Defendant inſiſted he ſhould not pay.
But it appearing from the Evidence of the Captain, that his Orders for this
Voyage were poſitively to proceed, notwithſtanding any Capture he ſhould make,
and that he would have done ſo, if he could have prevailed on the Sailors, and
that his returning was wholly owing to their Refuſal to proceed, and his Inca-
pacity to go on without them, the Lord Chief Juſtice and the Jury
were of Opinion with the Plaintiffs, and the Jury brought in their Verdict
accordingly.
The Plaintiff is a Merchant in London, who trades conſiderably to Sweden, Vittorin a
and in 1744, he and another Merchant here, hired the John and Jane, Captain Cleeve, Sit-
Newark Ingram, to go to Gottenburgh, and there take in ſuch Iron as ihould be mil. Term.
put on board by their Agents, and bring it to London, their Directions to, and 1745, at
Agreement with the Maſter, being to fail from hence with Convoy, and when
loaded at Gottenburgh, to join the firſt Convoy that ſhould preſent for England,
either there or at Maſterland, or Wingoe; on which Goods they made Inſurance,
and warranted the Ship to fail with Convoy from Gottenburgh or Wingoe.
The Ship arrived ſafe at Gottenburgh, and took in the ordered Quantity of
Iron, according to Agreement, and after having got aboard the reit of her
Cargo, the Captain being informed, that the Convoy from the Sound, which was
the only one he could expect, would call at Fleekery (an Iſland) and not at Got-
tenburgh; he departed from the latter, for the former, and the next Day put
into Maido in Norway, where he ſtaid ſeven Days, and then a favourable Wind
offering, he left it, and in the Evening arrived at Fleekery, where he lay up-
wards of three weeks, when a Convoy conſiſting of three Men of War from
the Sound, arrived with near a hundred Sail of Merchantmen, at about nine
o'Clock in the Morning, before Fleekery, and ſent a Yawl in, and made Sig-
nals by firing Guns, for the Ships to come out and join them.
Captain Ingram made all the Haſte he could to get his Ship out, which he
did one of the firſt of the fourteen that went out at that Time, it being then be-
tween eleven and twelve at Noon, and the Convoy, as near as he could gueſs,
about two Leagues ahead; as ſoon as he got out, the Wind increaſed and blew
hard; however, the Captain made all the Sail he could after the Convoy, and
ſoon ſaw ſeveral Ships ahead, and about fix in the Evening came up with the
Fleet,
Guildhall.

316
and
OF INSURANCE S.
Fleet, about nine was up with or near the Convoy, as he believes from
the Lights, but could not get to ſpeak to her ; he continued amongſt the
Fleet, and about two or three o'clock in the Morning, the Gale of Wind
became more violent; however, at Day-break, he found himſelf ſtill with
the Fleet; ſeveral Ships being aftern, others ahead, and ſome on each Side
of him, but it being thick and rainy Weather, and blowing, very hard, he
could not at any Time get an Opportunity to ſpeak to the Convoy for
failing Orders, although he uſed his utmoſt Endeavours for that Purpoſe from
the Time he left Fleekery, but the Badneſs of the Weather rendered it
impoſſible for a Boat to live in the Sea, or go from one Ship to another ;
however he proceeded, accompanying the other Veffels in the Voyage,
and the ſame Day, between one and two o'Clock at Noon, a French Privateer,
who had lain to amongſt the reſt of the Fleet, came up to him, and fired at
him; upon which he defended himſelf, and kept a running Fight till
Night, and the next Morning the Privateer renewed and continued his Firing
till between twelve and one o'clock at Noon, when the Captain's Son being
killed, and the Carpenter and a Boy wounded, and the Ship very leaky, and
her Rigging and Maſts very much damaged, with between three and four
Feet Water in the Hold, and about forty Leagues from Flamborough Head,
the Captain ſtruck to the Privateer, who fent ſome of his Men on board; but
finding after two or three Hour's Stay, ſhe was extremely leaky, and that they
could not keep her free by the Pumps from an increaling Water, they left
her, and in all Probability the ſunk foon after ; and the Captain and all his
Company, except his Son who was killed, were carried aboard the Privateer,
and kept there about twenty-four Hours, and then he and his Crew, except
the Carpenter and Boy who were wounded, were put on board a Dutch
Flyboat, where they remained fifteen Days, and were then landed at the
Texel.
From the preceding State of the Caſe, the Plaintiff argues his Inſurance
is due, as the Captain could not expect Convoy but at Fleekery, and made
all poſſible Diſpatch to get out to it, as ſoon as he heard it was off that
Place, as he did all imaginable Diligence to join it, and procure ſailing Orders;
but this being rendered impracticable by the great Swell that run, he could
only continue in the Fleet, till a more favourable Opportunity offered for
his obtaining ſuch Inſtruction, which it is probable would have occurred had
he not been ſo foon taken.
The Defendant, in Reply, inſiſts that he is not obliged for the Lofs, as the
Contents of the Policy have not been complies with, the Ship being warranted
to fail from Gottenburgh or Wingoe, with Convoy, which ſhe did not; and as
ſhe went to Fleekery, ſhe ſhould have ſtaid there till ſome Convoy had offered,
in whoſe Company ſhe might have departed, which cannot be ſaid in the
preſent Caſe; as here the departed in Order to get under Convoy, not with it;
nay, it is uncertain whether he ever faw it, as the Captain only ſuppoſes he
did, from the Lights; beſides, here was only a Premium paid adequate to the
Riſque of coming with Convoy, for had the Policy been filled up, without
Convoy the Defendant would not have underwrote her on the Terms he did.
The Yury found a Verdiet for the Plaintiff:
Spencer a
The Plaintiff cauſed himſelf to be inſured, on the Prince Frederick, from
the 25th of Benefit of Salvage.
December,
1736, cor.
The Ship was afterwards ſeized, by Order of the Viceroy of Mexico, and
the Spaniards turned her into a Man of War, called the St. Philip, and ſent
her as Commodore, with a Squadron of Spaniſh Men of War to the Havanna,
they having firſt taken out the South Sea Company's Arms, and made ſeveral
Alterations in her, and there was a War between England and Spain, and
Gibraltar was actually beſieged by the Spaniards.
The Defendants proved the signing of Preliminary Articles of Peace,
before the Seizure of the Ship, and therefore inſiſted, that this Seizure did



at Guildhall

Hardwisk.
1
5
not
OF INSUR Á N C E S.
312
not alter the Property, and conſequently the Defendants were not liable, for
if the Property was not altered, this Inſurance made by the Plaintiff who
had no Intereſt, cannot bind, as nothing comes within the Policy but a total
Loſs, and though there be thoſe general Words in the Policy, Reſtraint or
Detainment by Princes, Hardwick, c. J. declared -- iſt, That a War might
begin without an actual Declaration or Proclamation, as in this Caſe, by
laying Siege to Gibraltar, a Garriſon Town; though there might be Depreda-
tions at Sea between Princes in Amity, for which Letters of Marque, &c.
might be granted. 2dly, As a War may begin by Hoftilities only, fo it may
end by a Čeſſation of Arms; and theſe preliminary Articles being ſigned
before the Seizure of the Ship, and there being a Ceſſation of Arms, he
thought the Ship being taken afterwards, not to be a Taking by Enemies,
unleſs the Jury took the Caption to begin from the Time the Arms were
ſeized, which was before the Articles, and that was left to the Jury. 3dly,
Suppoſing the Ship not taken by Enemies, Qu. Whether his Detention for
near the Space of a Year was, in thoſe Sorts of Policies, viz. Intereſt or no
Intereſt, a Detention within the Policy; or whether, in ſuch Policies, the
Inſurers are ever liable, but in Caſe of a total Loſs; and if ſo, this Ship being
afterwards reſtored, then he directed the Jury to find for the Defendant: This,
he ſaid, depended on the Cuſtom or Uſuage among Merchants, and the Jury
gave a Verdiet for the Defendant, but did not declare upon what Point; but
they muſt be of Opinion, The was not ſeized in Time of War, and that
therefore the Policy being Intereſt or no Intereſt, the Aſſurers were not liable,
becauſe there was no total Lofs.
In this caſe, the Inſurance was made by one Deflores for the Plaintiff, and
Deflores wrote his Name on the Policy, and before the Trial it was filled
up
with theſe Words, I made this for the Benefit of Spencer, and no Date, and
it was admitted the Action was well brought by Ceſtui que Truſt.
The Plaintiff being part Owner of the Ship Onſlow, an Eaſt-India 'Ship, Pelly a
no
then lying in the Thames, and bound on a Voyage to China, and back again comeram of the
to London, inſured it at and from London to any Ports and Places beyond Royal Exch.
the Cape of Good Hope, and back to London ; free from Average under Aljur.
i Burrow,
ten per Cent, upon the Body, Tackle, Apparel, Ordnance, Ammunition,
Artillery, Boat, and other Furniture of and in the ſaid Ship: Begining the Guildhall, 23
Adventure upon the ſaid Ship, from and immediately following the Date of May, 1757.
the Policy; and ſo to continue and endure until the ſaid Ship, with all her
Ordnance, Tackle, and Apparel, ſhall arrive as above, and hath there
moored at Anchor twenty-four Hours in good Safety. And it ſhall be
lawful for the ſaid Ship, in this Voyage, to proceed, and fail to, and touch,
and ſtay at any Ports or Places whatſoever, without Prejudice to this
Afſurance. The Perils mentioned in the Policy are the common Perils,
viz. of the Seas, Men of War, Fire, Enemies, Pirates, &c. and all other
Perils, Lofles, and Misfortunes.
The Ship failed and arrived in the River Canton in China, where ſhe
was to ſtay, to clean and refit, and for other Purpoſes. Upon her Arrival
there, the Sails, Yards, Tackle, Cables, Rigging, Apparel, and other Furni-
ture, were by the Captain's Order taken out of her, and put into a
Warehouſe or Storehouſe, called a Bank-Saul, built for that Purpoſe on a
Sand-Bank, or finall Iſland, lying in the ſaid River, near one of the Banks,
called Bank-Saul Iſand, about 200 or 220 Yards in Length, and forty or fifty
Yards in Breadth, in order to be there repaired, kept dry, and preſerved till
the Ship ſhould be keeled, cleaned, and refitted. Some Time after this, a
Fire accidentally broke out in the Bank-Saul belonging to a Swediſh Ship,
and communicated itſelf to another Bank-Saul, and from thence to the
Bank-Saul belonging to the Onſlow, and conſumed the fame, with all the
Sails
, Yards, Tackle, Cables, Rigging, Apparel, and other Furniture belong-
ing to the Onſlow, which were therein.
The Queſtion in this Caſe was, Whether the Inſurers were liable to anſwer
for this Lofs (ſo happening upon this Bank-Saul) within the Intent and

341, at
c. and all or
4 M
Meaning
318
OF INSURANCES.
Goden and
i Burrow,
2758.
Glover a
meaning of this Policy? It was ſtated, that it was the univerſal and well
known Ufage, and had been fo for a great Number of Years, for all European
Ships which go a China Voyage, when they arrive near this Bank-Saul
Iſland in the River, to unrig the Ship, &c. and to act in every Reſpect as
Capt. Pelly had done, and that the ſo doing was prudent, and for the com-
mon Benefit of the Owners of the Ship, the Inſurers and Inſured, and all
Perfons concerned in the Safety of the Ship. It was objected, that this was not
a Loſs by Sea, but at Land. But it was anſwered, that the Lofs being upon a
Sand-Bank in the River, and in the only Port where the Engliſh can clean and
refit their Ships, it was a Loſs at Sea, and the Policy expreſſing an Inſurance
from Fire, it was to all Intents within the Meaning thereof, and a Verdict was given
for the Plaintiff
, fubject to the Opinion of the Court of King's-Bench, and Lord
Mansfield afterwards delivered the Opinion of the Court, confirming the ſaid
Verdict.
This was a Caſe of double Inſurance, and the Queſtion was, Whether the
others a Lond. Plaintiffs ſhould recover the whole Loſs or only Half; it being objected that
Alfur. Comp. there was a double Inſurance? For before the introducing of Wagering Policies,
490. Feb.gth
it was ſettled (upon Principles of Convenience) that a Perſon who inſured
more than once, thould receive but one ſingle Satisfaction, and that the ſe-
veral Inſurers ſhould all contribute pro rata. But as between the Inſurer and
Inſured, upon the Principles of commutative Juſtice, there is no Reaſon why
the Inſurers ſhould not pay the Whole, even upon a double Inſurance, they
having received a Premium for the Whole—and as there is no material Dif-
ference, whether a Man inſures twice over with the ſame Set of Inſurers, or once
with one Seţt, and a ſecond Time with another, a Verdict was given in Fa-
vour of the Plaintiffs, ſubject to the Opinion of the Court, by whom it was con-
firmed that the Inſurers ſhould pay the whole Loſs.
This was an Action on the Cafe, upon a Policy of Inſurance made on Goods
Black, 3 Bur and Merchandizes, loaden or to be loaden on board the good Ship or Veſſel cal-
Trin. Term, led the Denham, whereof was Maſter Captain William Tryon, " at and from
3 Geo. III.
“ Bengal to any Ports or Places whatſoever in the Eaſt Indies, until her ſafe
“ Arrival in London,” which Policy was underwritten by the Defendant for
2001, for a Premium of rol. per Cent. The Plaintiff declared for a total Loſs.
The Defendant pleaded the general Iſſue.
a rito ba
The Cauſe came on to be tried at Guildhall, London, on the iſt of December
1762, before Lord Mansfield, it appeared in Evidence that the Defendant un-
derwrote the Policy and received the Premium as ſtated in the Declaration.
That before the underwriting of the Policy, the Plaintiff had lent to William
Tryon, the Maſter of the Ship, upon the Goods then loaden and to be loaden
on board the ſaid Ship, on Account of the ſaid William Tryon, the Sum
of 7641.
Reſpondentia, for which a Reſpondentia Bond was executed by Captain Tryon, and
one Joſeph Buſtol, to the Plaintiff.
The Bond was in common Form; and recited, “That the above named Al-
phonſus Glover, had, on the Day of the Date, lent and advanced to the above
“bounden William Tryon the Sum of 7641. upon the Merchandizes and Effects
“ laden and to be laden upon the Account of the ſaid William Tryon, on board the
“ good Ship or Veſſel called the Denham, of the Burthen of 499 Tons or there-
« abouts, now in the River Thames, whereof he the ſaid William Tryon is the
$6 Commander.” And the Condition was, “ That if the ſaid Ship ſhould,
“ with all convenient Speed, proceed and fail from and out of the ſaid River
“ Thames on a Voyage to any Parts or Places in the Eaſt Indies, China, Perſa,
“ or elſewhere beyond the Cape of Good Hope, and from thence ſhould fail and re-
66 turn into the faid River Thames at or before the End or Expiration of thirty-fix
• Calendar Months to be accounted from the Day of the Date of theſe Preſents ;
" and that, without Deviation (the Dangers and Caſualties of the Seas ex-
“ cepted) and if the above bound William Tryon,and Joſeph Buſtol, or either of
" them, their or either of their Heirs, Executors, or Adminiſtrators ſhould, within
S thirty Days next after the ſaid Ship, or Vefſel ſhould be arrived in the ſaid
“ River Thames from the ſaid Voyage, or at the End and Expiration of the ſaid
thirty-fix

TOW, 1394
I
OF INSURANCE S.
319

1
" thirty-ſix Calendar Months to be accounted as aforeſaid (which of the ſaid
“ Times ſhall firſt or next happen) well and truly pay, or cauſe to be paid, unto
“ the faid Alphonfus Glover, his Executors, Adminiſtrators, or Affigns, the
“ Sum of 10081. and gs. of lawful Money of Great Britain, together with 12l.
and
45.
of like lawful Money by the Month, and ſo in Proportion for a
greater or leſſer Time than a Month, for all ſuch Time and ſo many Months
as ſhall be elapſed and run out of the ſaid thirty-fix Months, over and above
twenty Months to be accounted from the Date of theſe Preſents ; or if in
the ſaid Voyage, and within the ſaid thirty-ſix Months to be accounted as
" aforeſaid, an utter Lofs of the ſaid Ship by Fire, Enemies, Men of War, or
any other Caſualty ſhall unavoidably happen ; and the ſaid William Tryon and
Jofeph Buſtol, or either of them, their or either of their Heirs, Executors,
“ or Adminiſtrators, ſhould, within thirty-ſix Calendar Months next after ſuch
“ Loſs, pay and ſatisfy unto the ſaid Alphonfus Glover, his Executors, Admi-
“ niſtrators or Afligns, a juſt and proportionable Average on all Goods and
“ Effects of the ſaid William Tryon, carried from England on board the ſaid
Ship, and on all other Goods and Effects which the ſaid William Tryon ſhall
acquire during the faid Voyage, and ſhall not be unavoidably loſt, then the
“ above-written Obligation to be void, or elſe to be and ſtand in full Force,
" Virtue, and Effect.” Thaton the 31ſt of March 1760, the ſaid Ship Denham
was at Fort Marlborough in the Eaſt Indies, within the Limits inſured; and
had there and at the Time of the Loſs hereafter-mentioned, diverſe Goods and
Merchandizes on board her, which were the Property of the ſaid William Tryon,
and of greater Value than all the Money he had borrowed. That on the ſaid
31ſt March 1760, the ſaid Ship, with her Lading on board her, was burnt at
Fort Marlborough aforeſaid ; and thereby all the Goods and Merchandizes afore-
faid of the ſaid William Tryon were totally conſumed and loſt.
This Proof being given of the Plaintiff's Intereſt, the Jury found a Verdict
for the Plaintiff, ſubject to the Opinion of the Court, “Whether, on this Evi-
dence, the Plaintiff was intitled to recover on this Policy?” For by the Stat.
of 15 Geo. II. C. 37. Sect. 5. it is enacted, “ That all Money to be lent on
“ Bottomree, or at Reſpondentia, upon any Ships belonging to any of his Majeſty's
*** Subjects bound to or from the Eaſt Indies, ſhall be lent only on the Ship, or on
- the Merchandizes or Effects on board of ſuch Ships and ſhall be ſo expreſſed
" in the Bond. And the Benefit of Salvage ſhall be allowed to the Lender, his
“ Agents or Affligns; who alone ſhall have a Right to make Aſſurance on the
“ Money ſo lent. And no Borrower of Money on Bottomree or at Reſpondentia
" ſhall recover more on any Aſſurance than the Value of his Intereſt on the
Ship or in the Merchandizes, or Effects on Board, excluſive of the Money
166 fo borrowed. And in Caſe it ſhall appear that the Value of his Share in the
Ship, or in the Effects on board, doth not amount to the full Sum or Sums he
“ hath borrowed, ſuch Borrower ſhall be reſponſible to the Lender for ſo much
« of the Money borrowed, as he hath not laid out in the Ship, or Merchan-
“ dizes laden thereon, with lawful Intereſt for the ſame, together with the Af-
« ſurance and all other Charges thereon, in the Proportion the Money not laid
« out ſhall be to the whole Money lent, notwithſtanding the Ship and Mer-
6 chandizes be totally loſt.”
mer
The Counſel for the Defendant infiſted, that the Lender of the Money upon
Reſpondentia has no Intereſt at all in the Goods that the Borrower either carries
out or may acquire in India, and conſequently he cannot inſure them. This
was in Anſwer to the Counſel for the Plaintiff, who maintained, that the Lender of
this Money had an Intereſt in the Goods, though they were the Property of the
Borrower: The Lender is the Trader againſt the Riſque of the Sea. Reſpon-
dentia, they ſaid, is an Intereſt that may be inſured, and it is not neceffary to
ſpecify in the Policy, that it was a Reſpondentia Intereſt only, which is inſured.
But to this it was objected, on Behalf of the Defendant, that there is a ſettled
known Form of inſuring the Reſpondentia and the Bottomry Intereſt ſpecifically
and Nominatim. And the Cuſtom of all Inſurances is to mention the Thing in-
ſured preciſely. The Queſtion therefore ultimately turned upon this point-
Whether
320
OF INSURANCE S.

Lond. 1775
adjudge
erat Guilibarib
Woolmer a
Muilman,
Trin. Term,
3
Whether the Words Reſpondentia and Bottomree muſt be mentioned and ſpecified
in the Policy of Inſurance ? And the Court declared that the Words ought to
be inſerted, it being the eſtabliſhed Law and Cuſtom of Merchants—and Lord
Mansfield owned that at the Trial, and alſo lince, upon the Arguments before
the Court, he did lean to ſupport this Inſurance. And his Reaſon for ſo do-
ing, was, that he was ſatisfied of its being a fair Inſurance, and that the
Doubt which had ariſen upon it was only occaſioned by a Slip in omitting to
ſpecify (as it was intended to have been done) " That this was a Reſpondentia In-
tereſt. This Slip however could not be rectified, for the Court after taking
fome Time to conſider the Caſe, nonſuited the Plaintiff ſolely for the Omiſſion.
This Caſe being thereby rendered highly intereſting to caution Merchants in
Reſpect to the careful wording of Policies, we having given the Subſtance, and
for the entire Arguments of the eminent Counſel concerned on both sides, we
refer the Gentlemen of the Law, or Merchants having ſimilar Caſes at Iſſue, to
Parker's Laws of Shipping and Inſurance, with a Digeſt of adjudged Cafes, 4to.
This was a ſpecial Cafe reſerved at Niſi Priusat Guildhall
, before Lord Mansfield,
for the Opinion of the Court. It was an Action on the Caſe brought for the Re-
Geo. III.'covery of a total Lofs on a Policy of Inſurance made on Goods and Merchandize
on board the Ship Bona Fortuna, at and from North Bergen to any Ports
or Places whatſoever, until her ſafe Arrival in London. It was underwritten
thus—" Warranted a neutral Ship and Property.” The Defendant underwrote
the ſaid Policy for 250l. on the 23d of September 1762. The Defendant having
pleaded the general Iſſue, and paid into Court the Premium received by him
for the ſaid Inſurance; this Cauſe came on to be tried at Guildhall London, on
the 21ſt of May 1763, before Lord Mansfield: Then it was admitted, that the
Plaintiff had Intereſt on board the Ship to a large Value; to the Amount of
the Sum inſured. The Ship, with the Goods and Merchandizes fo loaden,
and being on board her, after her Departure from North Bergen, and before
her Arrival at London, proceeding on her Voyage, was by the Force of Winds
And the
faid Goods and Merchandizes to loaden were thereby wholly loft. It was ex-
preſlly ſtated, that the Ship or Veſſel called the Bona Fortuna, at and before the
Time ſhe was loſt, was not neutral Property, as warranted by the ſaid Po-
licy. The Queſtion therefore was, Whether the Plaintiff can, under the Cir-
cumſtances of this Caſe, recover in this Action ? The Court were unanimouſly
of Opinion that this was no Contract, for the Man inſured neutral Property,
and this was not neutral Property, and determined that in the preſent Caſe, a
material Circumſtance had been concealed from the Inſurer, by the Inſured ;
and therefore the whole Contract was void : Judgment was accordingly given
for the Defendant.
H, Hodſon, a
Several Inſurance Cauſes in the King's-Bench ſtanding upon the ſame Circum-
Richardſon
, ſtances, it was agreed—“ That all ſhould be bound by the Verdict given in
1477. 28 May 01
one ;” and a Verdict was given in that one for the Plaintiff. But the De-
gave Notice of a Motion for a new Trial, which he afterwards obtained.
Sir Fletcher Norton moved, on behalf of the Plaintiff in the other Cauſes,
that the reſpective Defendants thould pay this Money to the Plaintiff, purſuant
to their Agreement; he having obtained a Verdict in the Cauſe already tried.
But the Court were clearly and unanimouſly of Opinion, that a Conſent “
“ be bound by one of many Cauſes upon the ſame Queſtion,” means ſuch a
Verdict as the Court thinks ought to ſtand as a final Determination of the Mat-
That in the preſent Caſe, a material Circumſtance was concealed from the
Inſurer, by the Inſured; and therefore the whole Contract was void; and the
Court made a Rule for that Purpoſe.
There were nine Cauſes in all, upon the ſeveral Inſurances of the Eaſt-India
Ship the Winchelſea, Capt. Howe Commander; they had been tried by ſpecial
12 June, Juries at different Times; the Charter-Party, bearing Date the 20th of Auguſt
1765. 1761, was according to a printed Form which had been long in Uſe, in
which, among many other Proviſions, a Stipulation was made for 201. 35. 4d.
a Day
rac was void :
3
3764
fendant ga

to
ter.
Heaton a
Rucker, 3
Burrow,1707
OF INSURANCE S.
321
a Day, Demurrage, for ſo long a Time as ſhe ſhall be detained in India,
China, or elſwhere within the ſaid Limits, in the Service and Employment of
the ſaid Company ; March the 25th 1762, the Ship failed; September 19th,
The arrived at Bombay ; November the 4th, ſhe left Bombay the firſt Time ;
March 5th, 1763, the arrived at Calcutta. On the 28th, the Preſidency and
Council of Bengal, entered into a new Agreement with the Captain, reciting,
" that the Charter-Party, would expire on the 11th of February 1764, but
that the Preſident and Council, finding it expedient to detain the Ship in
India, and deſirous of having the Time limited in the Charter-Party pro-
longed, &c. the Indenture tħerefore witneſſeth, that the Captain lets the
Ship to Freight for one whole Year from the ſaid with of February

1764, &c.
so
to
In July 1763, the Ship arrived at Bombay, the ſecond Time. The Begin-
ing of 1764, the arrived at Bengal; March 19th, the left Bengal to go to
Bombay ; and on the 21ſt, ſhe was loft. Copy of the new Agreement had
been ſent to London by the Captain, whoſe Letter was received and publickly
read in a Coffee-Houſe, in the Month of April 1763 ; and other Inſurances
were made upon the Ship after the new Agreement was thus publickly known.
The Underwriters inſiſted, that the Policies were void, becauſe at the Time
of under-writing, they were not expreſſly told of the new Agreement
detain the Ship in India for a Year longer than the enlarged Time provided
for by the Charter-Party, which expired on the 11th of February, 1764."
The Cauſes were tried at firſt with different Succeſs : But all the nine
Verdicts were at laſt uniform for the Plaintiffs, the Inſured, againſt the
Underwriters. The Reaſons that governed the Court were, that the Under-
writers are bound and preſumed to know the Courſe of the Eaſt-India Trade,
the Times of the Charter-Party, and the Deſtination of the India Ships
(which are under the Direction of the Company, and not of the Owners) –
That the Charter-Party is a printed Form of a very long ſtanding – That, ,
beſides the Liberty thereby given, to 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 Ballaſt) and the longer a Ship is kept, the more beneficial
it is to the Owners.—That the Words of the Policy are adapted to this Uſage, be-
ing without Limitation of Time or Place, and without any Reference to the firſt
Voyage particularly mentioned in the Charter-Party. The Terms of the Policy
preciſely deſcribe the Riſque, in its utmoſt Latitude; and neceſſarily extend
to every Prolongation of Stay, and every Country Voyage–That any of the
Defendants might have learned at the India-Houſe all that was to be known.-
That the Chance of her Stay is one of the Riſques Inſured-Finally, that
this Ship was Inſured at the ſame Premium, after the Prolongation of her
Stay in India was known.
Upon the whole, the ultimate Deciſion of the Court upon theſe Cauſes
eſtabliſhes the following Rule for the Information of Under-writers and all
Perſons making Inſurance upon Eaſt-India Ships, “ That Policies of Inſurance
upon Eaſt India Ships, include the Chance of their being detained in INDIA,
“ and the Riſque of their Country Voyages there."
To the new Caſes of Inſurance introduced in the preſent Edition, we have
only to add, the following juſt Obſervations from Welkett's complete Digeſt of
the Theory, Laws, and Practice of Inſurance, a Work of great Merit, Fol.
Lond. 1781:-“ As there are in England, but very few expreſs Laws and
“ Regulations concerning Inſurance, nor any diſtinó Court, Commiſſioners,
or other Perſons, appointed particularly (as in other Countries) for the De-
“ ciſion and Adjuſtment of Loffes, Averages, Salvages, Recaptures, and the
“ almoſt infinite Variety of Matters and Differences that ariſe therefrom ;
“ the only Reſort in Caſes of Diſpute being to our common Law Courts, with
enormous Expence, Trouble, and Uncertainty; it is the more needful for an
“ Inſurer to be well acquainted with Commercial and Maritime Affairs in gene-
“ ral, and the Doctrines, Laws, Uſages, and Practice concerning them, as well
« abroad as at Home; ſince all thoſe various, and ſometimes intricate Tranſactions,
Accounts,




4 N
312
OF INSURANCE S.
" Accounts, Documents, &c. which occur amongſt Merchants, Mariners, and
s other Perſons in the Courſe of foreign Traffick and Events may occaſionally
come under his Cognizance, eſpecially in Time of War, and require the Ex-
“ erciſe of a ſuitable Judgement upon them; which if he is unable to do for
himſelf, he muſt neceſſarily be ſubject to, and his Fortune chiefly depend
upon the Deceit, Impoſition, and Fraud, or at leaſt the Ignorance of many
66 of the Perſons he has to deal with.”
Having mentioned the various Branches of Inſurance engaged in by our Un-
der-writers, it is proper in this place to give the Copy of a Policy on Goods
(thoſe on Ships and Goods, or Ships only, and this again either outwards or
homewards, or out and Home,' or to one certain Port, only differing in the
aforeſaid Circumſtances) and one on Lives.

IN
N the Name of God, Amen.
as well as in his own Name, as for and in the Name and Names of all and
every other Perſon or Perſons to whom the ſame doth, may, or ſhall appertain,
in Part or in all, doth make Aſſurance, and cauſeth himſelf and them, and every
of them to be inſured, loft or not loſt,
upon any Kind of Goods and Merchandizes whatſoever, loaden or
to be loaden aboard the Good Ship or Veſſel, called the
whereof is Maſter, under God, for this preſent Voyage,
or whoſoever elſe ſhall go for Maſter in the ſaid Ship, or by
whatſoever other Name or Names the fame Ship, or the Maſter thereof, is or
ſhall be named or called ; beginning the Adventure upon the ſaid Goods and
Merchandizes, from, and immediately following the Loading thereof aboard the
ſaid Ship
and ſo ſhall con-
tinue and endure, until the ſaid Ship, with the ſaid Goods and Merchandizes
whatſoever, ſhall be arrived at
and the ſame there ſafely landed; and it ſhall be lawful for the ſaid Ship, in this
Voyage, to ſtop and ſtay at any Port or Places whatſoever
without Prejudice to this Inſurance; the ſaid Goods and Merchandizes, by Agree-
ment, are and ſhall be valued at
without further Account to be given by the Aſſured for the ſame. Touching
the Adventures and Perils which we the Aſſurers are contented to bear, and do
take upon us in this Voyage; they are of the Seas, Men of War, Fire, Ene-
mies, Pirates, Rovers, Thieves, Jettizons, Letters of Mart and Counter Mart,
Surpriſals, Taking at Sea, Arreſt, Reſtraint, and Detainments of all Kings,
Princes, and People, of what Nation, Condition, or Quality ſoever ; Barretry
of the Maſter and Mariners, and of all other Perils, Lofſes, and Misfortunes,
that have or ſhall come to the Hurt, Detriment or Damage of the ſaid Goods
and Merchandizes, or any Part thereof. And in Caſe of any Loſs or Misfor-
tune, it ſhall be lawful to the Aſſured, their Factors, Servants, and Aſſigns to ſue,
labour, and travel for, in and about the Defence, Safe-guard, and Recovery of
the ſaid Goods and Merchandizes, or any Part thereof, without Prejudice to
this Inſurance; to the Charges whereof we the Aſſurers will contribute each
one according to the Rate and Quantity of his Sum herein inſured. And it is
agreed by us the Inſurers, that this Writing or Policy of Aſſurance ſhall be of
as much Force and Effect as the ſureſt Writing or Policy of Aſſurance heretofore
made in Lombard-ſtreet, or in the Royal Exchange, or elſewhere in London.
And ſo we the Aſſurers are contented, and do hereby promiſe and bind our-
ſelves, each one for his own Part, our Heirs, Executors, and Goods, to the
Aſſured, their Executors, Adminiſtrators, and Aſſigns, for the true Performance
of the Premiſes, confeſſing ourſelves paid the Confideration due unto us for
this Aſſurance by the Aſſured
at and after the Rate of
Afſureds to abate
per Cent. And in Caſe of Loſs (which God forbid) the
Pounds per Cent.
In Witneſs whereof, we the Aſurers have fubfcribed our Names and Sums af-
ſured in London,

4
Life
OF INSURANCE S.
323
Life Policy, No. 1249.
By the Governor and Company of the London Aſſurance of Houſes and Goods
from Fire.

the Name of God, Amen. A. B. of London, doth make Aſſurance, and
cauſeth himſelf to be aſſured upon his own natural Life, with Leave to go and
reſide in France, aged fifty Years, for and during the Term and Space of twelve
Calendar Months, to commence this 6th Day of April, in the Year of our Lord
1749, and fully to be complete and ended ; and it is declared, that this Aſſurance
is made to, and for the Uſe, Benefit, and Security of the ſaid A. B. his Execu-
tors, Adminiſtrators, and Affigns, in Caſe of the Death of the ſaid A. B. within
the Time aforeſaid, which the above Governor and Company do allow to be a
good and ſufficient Ground and Inducement for the making this Aſſurance, and
do agree, that the Life of him the faid A. B. is and ſhall be rated and valued
at the Sum aſſured, without any further Account to be given to them for the
ſame; the ſaid Governor and Company therefore, for and in Conſideration of
71. 7s. per Cent. to them paid, do aſſure, aſſume, and promiſe, that he, the
ſaid A. B. fhall, by the Permiſſion of Almighty God, live and continue in this
natural Life for and during the ſaid Term and Space of twelve Calendar Months,
to commence as aforeſaid; or in Default thereof, that is to ſay, in Caſe he, the
faid A. B. fhall, in, or during the ſaid Time, and before the full End and Ex-
piration thereof, happen to die, or deceaſe out of this World, by any Ways
or Means whatſoever, that then the aboveſaid Governor and Company, will
well and truly ſatisfy, content and pay unto the ſaid A. B. his Executors, Ad-
miniſtrators, and Afligns, the Sum or Sums of Money by them aſſured, and here
underwritten, abating al. per Cent. hereby promiſing and binding themſelves
and their Succeſſors, to the Aſſured, his Executors, Adminiſtrators, and Af-
figns, for the true Performance of the Premiſes, confeſſing themſelves paid the
Conſideration due unto them, for this Aſſurance, by the Aſſured. Provided
always, and it is hereby declared to be the true Intent and Meaning of this Al-
ſurance, and this Policy is accepted by the ſaid A. B. upon Condition, that the
ſame ſhall be utterly void and of no Effect, in Caſe the faid A. B. ſhall exceed
the Age of fifty Years, or ſhall voluntarily go to Sea, or in the Wars by Sea or
Land, without Licence in Writing, firſt had or obtained for his ſo doing, any
Thing in theſe Preſents to the contrary hereof in any wiſe notwithſtanding. In
Witneſs whereof, the ſaid Governor and Company have cauſed their Common
Seal to be hereunto affixed, and the Sum or Sums by them aſſured, to be here
underwritten, at their Office in London, this 6th Day of April, in the Twenty-
ſecond Year of the Reign of our Sovereign Lord George the Second, by the
Grace of God, of Great Britain, France, and Ireland, King, Defender of the
Faith, &c. Annoque Dom. 1749.
The ſaid Governor and Company are content with this Aſſurance for three
Hundred Pounds,
By Order of the Court of DireEtors,

Jo. SEDGWICK.

Inſurances made in France and Holland, being the only Countries where any
Thing conſiderable is tranſacted in this Species of Buſineſs, out of our own,
I ſhall begin with the latter, as ſuperior to the other in Point of Commerce,
though greatly its inferior in Grandeur and Power.
It is generally believed, and by many affirmed, that more Inſurances are
made at Amſterdam than with us, or indeed in any other part of the World;
their extenſive Commerce by Sea, and the extraordinary Number of Veſſels
continually failing from thence, naturally occafions many to follow the Prac-
tice of inſuring; but what has yet augmented this Buſineſs, and multiplied the
Policies of Inſurance almoſt to Infinity, has been that Honour and Integrity
with which their Underwriters were formerly characterized, as their Policies
were
324
OF INSURANCE
The firſt Ordinance in that City, which regulated
the Policies
of Tomo
were then only ſubſcribed by Men of large Fortunes; but whether great Lof-
ſes, or a ſubſiding of that Courage, before ſo conſpicuous in that ſmall Number
of the Rich, then conſtituting the Body of Underwriters (for Mr. Savary and
Mr. Richard ſay, they did not exceed fifty or fixty) occaſioned their withdraw-
ing from Buſineſs, I ſhall not pretend to determine ; but it is certain, their
Number during the late War, was greatly increaſed, and their Chicaneries at
leaſt equal to thoſe of their Neighbours and Contemporaries; and had they not
admitted Buſineſs on worſe Terms than here, that is, at lower Premiums,
there would not have been that Recourſe to their City, as the many Failures
amongſt the Inſurers plainly demonſtrated they had changed their Set
, and that
many of leſs Credit and Fortune were admitted to ſubſcribe, than the
few abovementioned.
was about the End of the ſixteenth Century; it was originally digeſted into
thirty-ſix Articles, but many of theſe have ſince been reformed, new model-
led, or explained by twelve ſubſequent Ordinances, of which the principal
ónes are thoſe of the Years 1600, 1601, 1606, 1607, 1614, 1626, and 1688, and
it is by this laſt, that the Policies of Inſurance may be ſaid to remain fixed,
though ſome few Alterations have been made ſince.
But Monf. Jean Pierre Ricard, in his Book, Le Negoce d'Amſterdam, having
P. 250 to
given an Account of the Articles made at the ſeveral Times abovementioned,
with his Remarks on them ; I thall tranſlate as much of them as I judge may be
worth
my
Reader's Regard, and in doing it ſhall follow the Author's Method.

274:
No, I.
iſt Article, “ Declares, all Contracts of Inſurance null and void, which are
“ć made in this City contrary to Law, by any Stipulations, Conditions, or
“ Words they ſhall contain.”
Remark. This Article is not always ſtrictly followed, for many Inſurances
are made which are not exactly conformable to the Ordinance, and others di-
rectly contrary to it, as will be ſeen in the following Remarks ; but when this
happens, a Clauſe ſhould be inſerted in the Policy, by which the Inſurers ex-
preſly renounce all the Laws, Ordinances, and Placarts, which are againſt ſuch
an Inſurance; and in caſe of a Loſs, and that the Inſurers will not ſettle it
amicably, the Aſſured may cite them before the Sheriffs, or the Court of Hol-
land, to bring them to Reaſon, and not before the Chamber of Aſſurances, be-
cauſe the Renunciation made by the Inſurers, includes an Excluſion from this
Court, which can only determine in Conformity with the Ordinance.
2d Article,“ prohibits the making Inſurance on Goods for more than of
o their clear Coft abroad, when it does not exceed 12000 Guilders,
“ but permits the Surplus of that Sum to be inſured, provided the Aſſured runs
“ the Riſque of the io of the 12000 Guilders.'
Remark. This Article is very rarely obſerved, and there is hardly any one
Policy which does not contain theſe Words, And the Aſjured may cauſe himſelf
to be inſured the whole, without riſking the Tenth, we taking on us the entire Va-
lue even with the Premium included; and I do not ſee what Occaſion the Aſſured
has to run a Riſk of the Tenth, as the Difference of 1200 Guilders on an In-
ſurance of 30 or 40000 is but trifling to the Underwriters; however, notwith-
ſtanding it is ſo inſerted in the Policy, that the whole is inſured, yet if the In-
ſurer diſputes Payment in Caſe of a Loſs, and is cited before the Commiſſioners,
they will have no Regard to this Clauſe, but on finding that the Aſſured has
not run the Riſque of the Tenth of the 12000 Guilders, they will make him
run it, by obliging him to to return the Premium of what exceeds the Tenth,
or by adding it to that Part of the Loſs, which the Aſſured ought to bear.
3d Article ordains, “ That the Policies contain the Name of the Ship and of
“ the Captain, that of the Places where the is to load, and go to, under Pe-
nalty of the Policy's being void, if the Fault is in the Affured; but if it
- comes from the Broker he ſhall be anſwerable for it."

I
Remark
OF INSURANCE S.
325
1
Remark. It is very neceſſary to obſerve this Article, in all its Contents,
nicely, becauſe, that beſides that the Aſſured have an Opening to deceive the
Inſurers, by wilfully omitting the Name of Ship or Maſter in the Policy, many
Diſputes may happen, and the Underwriters may, by having already in-
ſured a very large Sum on the fame Ship, be rendered ſcrupulous of ſigning
ſuch Policies.
rlow
However, there are Caſes, where it is impoſſible to know upon what Veſſel
there will be an Intereſt, by Reaſon of the Diſtance of the Place from
whence Goods and Effects are expected; as for Example, from Curaçao,
Surinam, Archangel, or other remote Parts, from whence Effects, and the
Advice of their Loading, are frequently received together; and as it would
be very hard for a Merchant who expects Effects from thoſe Parts, to find
that he is unable to get himſelf inſured, only for Want of the Name of the
Ship and Captain, it may be remedied by inſerting in the Policy, that the
Inſurance is on Goods, to be loaded by ſuch a one, on one of the firſt Ships
that ſhall come from thence.
The Spaniards frequently get inſured at Amſterdam, on any Veſſel or Veſſels
which have loaded Goods at La Vera Cruz, or elſewhere, in the Spaniſha
Weft-Indies, to their Addreſs; but there is found ſuch Deceit in theſe Contracts,
by the Concerned ſending falſe Declarations, that they had not received any
Thing upon any Ship of the Flota or Flotilla when they had, and returning
the Premium, as
as has made the greateſt Part of the Inſurers reſolve not to
underwrite to thoſe Gentlemen, but on Condition to make no Returns,
although the Affured Thould have no Intereſt in the Fleet.
4th Article ordains, “ That the Inſurance on Goods ſhall begin from the
“ Moment they are brought on the Key, to be carried on board the Ship
- deſtined to tranſport them, and ſhall endure till they are arrived at the
6. Place of their Conſignment, and are unloaded in Safety, and free from
“ Damage."
Remark. There are ſome who imagine they have no Right to be inſured
till the Goods are loaded, and Bills of Loading figned ; and others, who
receiving Advice from abroad, of Freight being taken on a Ship and Captain
named, believe they ought not to inſure, till they receive Advice of the
Departure of the Ship, or at leaſt till they have got the Bill of Lading and In-
voice, in which they greatly err; for beſides that the Policy expreſſes, on Goods
loaden or to be loaden, the Article before-mentioned ſeems to fuppoſe the Inſurance
made before the embarking, but it is not to be imagined, that if the Mera
chandize has ſuffered in going on board, and is afterwards inſured, that the In-
ſurer is obliged to pay the Damage, on Pretext that it is ſaid in the Policy,
that the Inſurance ſhall commence from the Moment that the Goods are upon the
Key, &c. This would be very unjuſt, therefore it ought to be underſtood
only, when the Aſſurance is made before the Goods are taken out of the Ware-
houſe, or before they are ſent aboard, for beſides the Riſque which the Aſſured
runs in ſhipping them (which is greater in fome Places than others) he like-
wiſe expoſes himſelf to pay a higher Premium than if he had inſured ſooner, be-
cauſe the more Inſurances there are made on a Ship, the higher Premiums the
Inſurers demand; and it is further to be remarked on this Article, that although
the Rifque is not finiſhed till the Goods are unloaden and
ſafe, that as at Amſterdam,
they are frequently left in the Lighters for five or fix Days or more, the In-
ſurers are not obliged for any Damage that may happen to them, only for the
ty for ch
5th Article ſays, “ That if in a Year and a Day, after the Inſurance made, or
« after the Ship’s Departure, if it is for any part of Europe or Barbary, there
" is no News of her at the Place from whence the failed, nor at that ſhe was
« bound to, ſhe ſhall be eſteemed as loft, and the Aſſured may demand Payment
“ from the Inſurers in three Months; but for Places more diſtant, the Term
or ſhall be that of two Years.”
Remark. It too often happens that Ships founder at Sea, ſo that no Perſon
eſcapes to tell the Story, and our Underwriters do not poſtpone Payment accord-


firſt Day.
40
ing
326
OF INSURANCE S.
ing to the preceding Terms, as this would oblige them to a total Loſs, that is
Cent. per Cent. but in order to leſſen it ſomething, when they ſee the Aſſured
has no Advice of the Ship, and when ſhe ſtays two or three Times longer than
ſhe ſhould, ſo that there is no Room to ſuppoſe her fafe, they themſelves en-
deavour to agree with the Afſured, and commonly pay ninety-fix per Cent. on
fuch Occaſions.
6th Article declares, “ Thoſe Aſſurances to be null and invalid, which are
• made three Months after the Departure of the Ship deſtined for the Coaſt of
Europe, Barbary, and the adjacent Parts, or thoſe made in ſix Months after
“ the Ship’s Departure for more diſtant Places, if the Aſſured does not adver-
“ tiſe the Inſurers thereof, and if he does not get himſelf inſured, on good and
66 bad News, that is, loſt or not loſt.”
Remark. That as the Articles 20 and 21, have an Affinity with the fore-
going, I ſhall remark on them all together.
20th Article imports, “. That it is permitted to inſure Ships, Merchandize,
" and Effects that are loſt, pillaged, or damaged, even after the Lofs, &c. has
“ happened, provided that the Affured has no Advice of the Loís, &c."
21ſt Article ſays, “ That the Aſſured ſhall be ſuppofed to have known of the
Lofs, &c. if he has omitted to make Inſurance, till after he can have re-
“ ceived Advice either by Sea or Land, counting three Leagues of Way, or two
“ Hours of Time; and that then the Afſurance ſhall be void, notwithſtanding
“ (or maugre) all the Proofs of Ignorance the Aftured may be able to give; un-
" leſs he is inſured on good or bad News, and that he can ſwear that when he
" made the Inſurance, he had not the leaſt Account of the Loſs, &c."
Remark. By theſe three Articles, which ſeem to be made in Favour of the In-
furers, they are notwithſtanding expoſed ſometimes to the Cheats of People,
who make no Conſcience of a falſe Oath, provided it brings Gain, and there-
fore the Inſurers ſeldom underwrite in theſe Cafes to unknown Perſons, or at
leaſt in Prudence they ſhould not; and what may be gathered from the ſaid
third Article, is, that the Ignorance of the Aſſured, in Regard of the Ship, or
touching the good or bad Advices concerning her, are the two only Conditions
which can render the Inſurance valid, and therefore the Oath is very neceffarily
ordained in theſe Caſes; for what would be more unjuſt, than to inſure a
Thing known to be loſt, which could never enter the thoughts of an honeſt
Man; but as theſe Articles permit an Inſurance to be made, whilſt the Loſs,
Pillage, or Damage remains unknown, conſequently it may be done on a Veffel
fufpected to be loſt after a Storm, or feared to be taken by an Enemy, from ſome
confuſed flying Reports about her, though without learning any Thing certain;
for Example, ſuppoſe a Storm to happen, with many Ships in the Texel, and
that ſeveral of them were ſeen to drive, and among others, ſuch and ſuch a
one, and that it is feared they may be loſt; in which Caſe, the Concerned,
knowing that there will at leaſt be large Averages, and that there is no Room
to ſuſpect a total Loſs, if no Advice is received in two or three Days; yet as
this is uncertain, and cannot poſſibly be known, the intereſted Perſon may
make Inſurance, if he can find thoſe that will underwrite, after the Advices
above-mentioned, on Payment of a Premium proportionable to the Riſque: It
is the ſame with Reſpect to a Ship which is ſaid to be taken by the Enemy,
though the Reportis unconfirmed, and all other ſimilar Cafes, in which the In-
ſurance will ſtand good, provided it is inſerted in the Policy, the laſt News
there was of the Veflèl, and that the Inſurance is upon good and bad Advices,
of which the Aſſured can ſwear that he knows of no others at the Time of
making the ſaid Inſurance.
7th Article declares, “ That the Inſurance ſhall be null, if the Aſſured makes
his Ship to touch at any other Ports than thoſe mentioned in the Policy; but
if this is done by the Maſter, either through Choice or Neceflity, without
" the Affured's Order, it ſhall not hurt the Infurance.",
Remark. This Article, though ſo very clear as to explain itſelf, is notwith-
ſtanding very often the Occaſion of many Diſputes between the Affurers and
Aſſured; the former endeavouring to make the firſt Part of it ſerve as a juſt'Plea



5
for
OF
INSURANCE S.
327
for Non-payment of a Loſs or Average happening in any Port not mentioned in
the Policy, if a Declaration of the Captain and Crew is not very expreſs, that
he was obliged to go into it through Neceſſity; in which Caſe the Inſurers have
nothing to reply, becauſe the Affidavit of the Maſter and his Men is credited,
and the Underwriters are condemned without the leaſt Difficulty; but as it fre-
quently happens that a Ship goes into ſome Port by Order of the Owner, or
principal Freighter, unknown to the other Loaders, it is very important to
remark the Senſe of this Article, and to diſtinguiſh him who knew that the
Vefſel would touch at certain Ports, from him who loaded only for one, and did
not know that ſhe was to call at others : For Example, Ships are daily ſet up
at Amſterdam for Bourdeaux, and the Merchants load aboard them, without in-
quiring or imagining that they are to ſtay at any Place by the Way, and make
their Inſurances directly for that Place; nevertheleſs it happens that ſome one
has a conſiderable Parcel of Goods to ſhip for Rochelle, and not finding a Ship
ready to depart for that Port, he agrees with the Maſter loading for Bourdeaux,
to take his Goods for Rochelle, and obliges him to deliver them before he pro-
ceeds to Bourdeaux ; if this is tranſacted without the Knowledge of him who
makes Inſurance for Bourdeaux only, and any Miſchance happens to the Ship
at Rochelle, this ſhall not occaſion a Nullity in the Policy of him who was iga
norant that the Veſſel muſt call at the latter, but there will be one in the Policy
of an Owner of ſuch a Ship, who has got Inſurance made on her directly for
Bourdeaux; becauſe according to this Article, he could not dire&t her going into
any other Port but that mentioned in the Policy, and that it is ſuppoſed he knew,
when he made his Aſſurance, that the Ship was to touch at Rochelle ; for if he
did not know it till after his Policy was ſigned, he ought to have got a Clauſe
inſerted therein, that the Ship ſhould have Liberty to call there.
It every Day happens, that Veffels which are loading for Marſeilles, Genoa,
and Leghorn, take in Goods for Cadiz, Seville, Barcelona, and other Ports in
their Way, without its being known to thoſe who ſhipped for the firſt three
Places, and who only got their Intereſt inſured to that of one of them, where
the Merchandize went configned, without inſerting in the Policy, a Liberty
for the Ship to touch by the Way at the aforeſaid Ports, and the Inſurers do not
uſe to make any Diſpute about it with the Shippers who were ignorant of it,
becauſe they know well enough that it is cuſtomary for ſuch Ships to take in
Merchandize for different Places; but an Owner who inſures, for Example,
from Amſterdam to Leghorn, without putting in the Policy, that the Ship may
touch at, or go into all Ports that are in her Route, his Inſurance ſhall be
diſcharged, if the Veſſel is loſt in any one of the Ports in which he ſhall have
entered, &c.
8th Article, “ Limits the Aſſured to fix Months for abandoning any Ship or
“ Effects to the Inſurers, which ſome foreign Power has ſtopped and retains,
" when the Retention is on the Coaſts, or within the Limits of Europe or
" Barbary; and one Year if it is in any more remote Place, counting from the
“ Day that the Brokers ſhall have advertiſed the Inſurers thereof, by Directions
“ from the Allured; and it permits theſe latter, within the Times ſo limited,
to take their Precautions againſt the Underwriters, by Securities, Pawns, or
otherwiſe, as they ſhall think proper, permitting them beſides, or their
Agents, to load the Merchandize reclaimed and releaſed, upon other Ships,
to be carried to the Place they were deſigned for; and if the Aſſured omit it,
“ the Inſurers may do it; in which Cafe, theſe latter ſhall only be obliged to
defray the Expence of Loading and Freight, and to pay for any Damage the
". Goods may have ſuffered, during their Embargo.”
9th Article, makes an Exception in the beforementioned Time, in Reſpect
of periſhable Commodities, ſuch as Wines, Fruits, Grains, &c. in Regard of
which,
« The Affured ſhall not be obliged to wait the Expiration of the ſaid
“ fix Months, but may endeavour to obtain their Releaſe in the Manner he
" deems beſt, though he muſt make the Inſurers acquainted with the Condition
" the Merchandize is in.”




Remürk.
328
35 or
C certain that they
OF INSURANCE S.
Remark. In the two preceding Caſes of a Detention or an Arreſt, the In-
ſurers leave the Care of reclaiming what hhall be ſo ſtopped to the Affured: But
theſe ſhould not fail to be well and duly authoriſed by the Inſurers, which
Authorization is invalid, except made by the Huiſſier (an Officer) of the Cham-
ber of Inſurances; and therefore it imports the Affured not to neglect having
it made by him that may effectually ſerve them, in Caſe the Inſurers ſhould
inake any Wrangling about the Charges of reclaiming, &c. as theſe commonly
are exorbitant, and frequently occafion great Diſputes; to avoid which the Al-
ſured ſhould abſolutely do nothing without the Conſent of the Underwriters;
and when the Sum is pretty heavy, it will be adviſeable to engage one or tivo
of them to act in Concert 'with the Affured, at leaſt in obtaining the Releaſe-
ment of the embargoed Effects.
If the Merchandizes reclaimed are releaſed, and loaded on ſome other Ship,
in order to finiſh the Voyage, the Aflured ſhould not fail to make the Inſurers
declare it by a Clauſe at the Bottom of the Policy, by which they acknowledge
to be adviſed that the Ship, upon which the Merchandize inſured was loaden,
having been embargoed, it was thipped on board ſuch other Veſſel, and that
they continued the ſame Riſque, as they run on the firſt Ship, to their deſtined
Port.
10th Article, “ Prohibits the making Inſurance on the Body of the Ship,
“ Guns, and warlike Stores, for above two thirds of their Value, and to inſure
“ in any Manner whatſoever, the Freight, Stores, Powder, Balls, Victuals,
or ſuch like conſumable Things."
Remark. This Article was too burthenſome to Owners of Ships, in obliging
them not to inſure above 24000 Guilders, upon an Intereſt of more than
36000; ſo that their Riſques were reduced to an eighth Part of the Value of
Ships, by the firſt Article of the Ordinance of the 26th of January, 1693, as
will be ſeen hereafter.
IIth Article, “ Prohibits Maſters of Ships, Mates, Sailors, Men at Arms,
“ and all others who ſerve aboard, to inſure their Salaries, or any Thing that
belongs to them, except they have Goods with them above the Import of
- their Wages."
Remark. This Article is founded on ſubſtantial Reaſons, of which the prin-
cipal is, as I imagine, that as the Owners are not obliged to pay the Mariners
after loſing their Ship, theſe latter commonly endeavour all they can to ſave her,
would not act on ſuch Occaſions with ſo much Zeal, if their Wages were
inſured.
12th and 13th Articles, “ Limits the Time in which the Aſſured are obliged
“ to bring their Action of Damage or Average againſt the Inſurers, viz. a Year
« and a Half, if the Loſs or Damage has happened on the Coaſts of Europe or
Barbary, and in three Years, if it has happened in more diſtant Regions; to
“ be reckoned from the Time of the Ship’s entire Diſcharge, or from the Time
« in which the Loſs has happened.”
Remark. The Caſe very feldom happens, that the Aſſured wait ſo long a Time
to demand their Loſs or Average from the Inſurers, or at leaſt to let them know
that they have one to ſettle, which is ſufficient for commencing an Action
againſt them in Caſe of a Refuſal, even when they cannot know till a long
Time after, what the ſaid Loſs or Average will amount to.
14th Article ſays, “ That all the preceding Orders are to be underſtood for
• Aſſurances made on every Thing that goes by Sea, &c.”
15th Article,"
Regards the Inſurances made on Goods, carried by Land,
or Rivers, the which the Merchants may contract among themſelves, as they
& hall think proper, except that the Affured ſhall run the Riſque of the
“ in the Second Article of this Ordinance, and that the Carters and Waggoners
“ ſhall not inſure above Half the Value of their Carts, Waggons, or Horſes,
66 and Nothing of their Wages.”
Remark. There are very few of theſe Sorts of Inſurances made at Amſterdam,
therefore I ſhall not make any Obſervations on this, or the ſubſequent
Article



;


I
as
IO
I
OF INSURANCE S.
329
Article 16, which is only “ To allow the Affured a Year’s Time to demand
“ from the Inſurers, the Recovery of the Loſs or Average which has happened
to the Goods, going by Land or River.”
17th Article ordains, “ That if Inſurance is made upon Grains, Fruits,
“ Wines, Oils, Salt, Herrings, Sugar, Quickſilver, Tallow, Butter, Cheeſe,
Hops, Syrup, Honey, Seeds round or fat, and ſuch like Things as are ſub-
ject to Corruption: upon Ammunition, and upon Silver coined and uncoined';
they ſhall be ſpecified in the Policy, upon Penalty of its being otherwiſe
" null and void.'
Remark. The Alteration of this Article will be ſeen in what follows, at
Number 3:
18th Article, “ Permits the contracting Parties in Aſſurances, to make
" them before Notaries, Regiſters, or other publick Officers, or by private
“ Notes of particular Perſons, or before creditable Witneſſes."
Remark. As this Ordinance was made on the 31ſt of January, 1598, it ap-
pears that but few Inſurances were made then, as they were permitted to be
under a private Firm, and upon common Paper ; but the Number of them
having conſiderably increaſed ſince that Time, it was neceſſary (as will be ſeen
in the Sequel) to ordain a ſet Form, and to have it marked by the Secretary of
the Chamber. For a long Time all Sorts of Policies were drawn up indif-
ferently, under the twelve Stiver Seals; but by the Regulation made by the
States of Holland and Weſt-Friſe, upon the Duty of the ſmall Seal, of the
28th of Auguſt, 1716, in the 58th Article, " It is ordained, that all the
“ Policies for Sums under 500 Guilders, ſhall for the future be made under
“ the twelve Stiver Seals; thoſe of 500 Guilders, and leſs than 10,000, under
" the twenty-four Stiver Seals; and thoſe of 10,000 and upwards, under the
“ forty-eight Stiver Seals.
But as it would be imprudent in the Brokers to hazard a ſealed Policy, when
their Employers order them to get a Suin inſured at a limited Price, or on ſuch
Conditions, as they doubt will not be complied with, they have ſmall Policies
on common Paper, which they often get the Underwriters to fign, and after-
wards to transfer their Firms to ſuch as are ordained by Law, when the In-
ſurance is completed.
19th Article, “ Orders all thoſe concerned in Policies, to make them out
according to the Ordinance, and to keep a Copy, Verbatim, of all the Hand-
writing therein.”
Remark. This is ſo much the more neceſſary, as the Aſſured may happen
to tear or loſe a Policy, or that ſome Knave, who has got himſelf inſured, may
alter ſomething therein to his Benefit, and the Diſadvantage of the Inſurers; in
which Caſe, and in other ſimilar ones, the Copy which the Broker keeps, may
ſerve for a Proof and Teſtimonial.
I have already ſpoke of the Articles 20 and 21, under the 6th.
22d Article, “ Permits t
“ Permits the Aſſured to demand a Return of Premium from
" the Inſurers, except z per Cent. if he does not load the Goods, or thoſe are not
ſhipped for him, on which the Inſurance was made, or if he has inſured
than the Value of the Merchandize he has ſhipped, or is ſhipped for
Remark. When a Return of Premium is demanded, it ſhould be done as ſoon
as poſſible to remove all Suſpicion from the Inſurers, of an Intention to cheat
them in Caſe of Damage ; and if the Inſurance is made on a Ship coming from
a diſtant Port, in the Expectation of having ſome Goods by her, which on her
Arrival is found to be otherwiſe, the Aſſured ſhould ſhew the Underwriters,
when he demands the Return, the Letters he may have received, with the Ad-
vice that his Correſpondents could not ſend him any Thing by that Occaſion;
or at leaſt a Declaration from the Captain, atteſting, that he brought Nothing
for the Affured; for without this, he will not be unlike thoſe People, who find-
ing their Merchandize ſafe arrived, are ſo diſhoneſt as to affirm they had no-
thing aboard, in order to procure a Return.

more
" him.”

4P
23d
OF INSURANCE S.
330
Remark. The Inſurers are obliged to pay the Sum inſured, entire,
23d Article, " Ordains, that the laſt Underwriters fhall participate in the
“ Inſurance, as much as the firſt, either in Profit or Loſs.”
Remark. With Regard to Profit or Loſs, one Inſurer may have more than
another in the ſame Inſurance; for when a very large Sum is to be inſured, and
a good Part of it is done at a certain Price; for Example, at three per Cent. but
a Sufficiency to complete it is not to be obtained on theſe Terms, the Premium
is raiſed to four per Cent, in which Caſe the laſt Underwriters gain one per
Cent, more than the firſt, if the Adventure arrives ſafe, and loſe one per cent.
leſs than the others, in Caſe it does not; but it is not in this Reſpect, that this
Article is to be underſtood, for it only ordains, that each Inſurer ſhall partake
of the Profit or Loſs, in Proportion to the Sum he has ſigned for, viz. if one
Inſurer, who has underwrote at three per Cent. gains the Premium, he that
has underwrote for four or five per Cent, gains it alſo; and if he that has ſigned
for three per Cent. pays fifty or ſixty per Cent. Loſs or Average, he that has
by his Firm obtained four or five per Cent. ſhall pay neither leſs, nor more than
the other.
24th Article,
“ Orders, upon Pain of Nullity, not to make Inſurance upon
66 the Life of any one, nor upon any Wager of a Voyage, nor any ſuch In-
ventions.”
Remark, As there is no Point of Practice, or Subtlety in the World, either
to gain or preſerve Money, which has not been found out or invented at Am-
ſterdam, this Article is not always religiouſly obſerved, and there are People,
who having a Poſt, which, for Example, may bring them in 3000 Guilders
per Ann. get that Sum inſured on their Life for a certain Number of Years, that
if they die, their family may enjoy the Revenue, for the Remainder of the
Term inſured; but theſe are very tickliſh Inſurances.
25th Article imports, “ That the Aſſured having abandoned in Form to
" the Inſurers, theſe latter ſhall have three Months Time allowed to pay the
• Sum they have under wrote for."
out any Deduction, in Cafe they take the abovementioned three Months to do
it in; but the common Cuſtom is for them to have two per Cent. abated in
Caſe of prompt Payment on Loſſes well proved, for if the Proofs are inſufli-
cient, the Inſurers endeavour to take Advantage of this Circumſtance, to pay as
little as poſſible, and the Allured muſt get as much as they can, or wait till
they have procured Proofs of the Loſs, in all the Forms by Law required.
26th Article, “Says, that if the groſs Average does not exceed one per Cent.
- the Inſurers ſhall not be obliged to pay it."
Remark. Averages of two or three per Cent. happen ſo often, that the Inſurers
find no Advantage in this Article, and therefore they have for a long Time
agreed to ſign no Policy which does not free them from any Average under
three per cent. as alſo to be free from the Expence of yours de Planche (which
are thoſe Days a Ship is to lie, by Cuſtom or Charterparty, more than what is
neceſſary to load or unload her Cargo) and as they are frequently obliged to pay
Averages upon Wools, Flax, and Hemp, they have for ſome Years paſt
agreed among themſelves, not to inſure on theſe three Sorts of Merchandize,
except free of Average under ten per Cent.
Nevertheleſs, when the Inſurers are ſued, the Commiſſioners of the Cham-
ber have no Regard to theſe Clauſes, but condemn the Underwriters to pay
Averages that exceed the one per Cent. in Conformity with the Ordinance.
27th Article, “ Frees the Inſurers from paying the Damage or Loſs, upon
Things that corrupt and ſpoil from their own imperfect Nature, when ſome
foreign Cauſe or Miſchance has not contributed to it.”
Remark. If the Grain, Fruits, or other ſuch Merchandize, happens to heat,
or the Wine, Brandy, Oils, and other Liquors, are ſpilt and leaked, without
any Thing's contributing to it, the Damage is the Affured's; but if it is
caſioned by the Sea-Water in a Storm, or by a Shock of the ship againſt ſome
Bank of Sand, or any ſimilar Cauſe, the Damage is for the Inſurer's Account.



all
OC-
28th
OF INSURANCE S.
331
28th Article, “ Obliges the Aſſured to advertiſe the Inſurers of the Advices
" they receive, of the Miſchances, Embargoes, and Damages, which happen
“ to the Ships or Effects inſured, and that the Brokers, or other publick
" Perſons, do make Minutes of ſuch Advertiſements.”
Remark. The Aſſured are ſo much the more obliged to give this Notice
to their Inſurers, as it is they who muſt pay the Damage, in Caſe of a Diſaſter ;
and if the Aſſured does the leaſt Thing unknown to the Underwriters, and
without their Conſent or Authority, and that what the Aſſured thall have done
to prevent a greater Ill, turns out the Reverſe of what he expected, there are
many Cafes in which the Inſurers would not be obliged for the Damage, and
others in which they may have room to wrangle a great deal, to leſſen their Loſs.
29th Article, “
Imports, that this Ordinance ought to be underſtood gene-
rally, for all the Inſurances which ſhall be made in this City, as well by the
Subjects of this Country as by Strangers, and upon all Sorts of Merchandize
“ and Effects, going and coming, both by Sea and Land; and if they are con-
trary to the Ordinance, they ſhall be null and invalid, as is mentioned in the
« firſt Article.”
Remark. I have already obſerved on the firſt Article, that many Inſurances
were made, which are not entirely conformable to the Ordinance; and I have
nothing more to add here, but that Uſe and Cuſtom have introduced many
Things which are contrary, but he ought to be extremely ſedulous, on making
any Inſurance contrary to the Ordinance, taking care what Inſurers underwrite
the Policy, and to inſert all ſuch Clauſes, as may leave, no Room for Diſpute,
or to have them annulled by the Chamber of Inſurances, or by the other
Courts of Juſtice, in Cafe of being obliged to come before them, which will
in a great Meaſure depend on the Ability and Forecaſt of the Broker.
30th Article, “ Forbids the Commiſſioners of the Chamber of Aſſurances,
“ their Secretary and Clerk, and all Inſurance Brokers, to inſure or to be in-
“ ſured, directly or indirectly."
Remark. It may be ſeen, that this Prohibition, with Reſpect to the Commiſ-
ſioners and Secretary, is taken away by the Ordinance Numb. 4. But in Regard
to the Sworn-Brokers, as they take an Oath not to do any Buſineſs for their
own Account, when they are admitted, they can neither inſure nor be inſured,
without contravening or breaking their Oath ; nevertheleſs there are many
who have Ships and Parts, which they every Day get inſured.
31ſt Article, “ Orders to puniſh exemplarily all thoſe who ſhall uſe any
“ Fraud, Miſdemeanour, or Cheat in Aſſurances.
Remark. Inſurances were invented and introduced, purely with the Deſign
to relieve Merchants in Caſe of a Loſs, by ſharing as much as they thought
proper to get inſured; therefore, it would be acting very unjuſtly, to aim at
gaining or enriching one's ſelf, by making the Inſurers loſe, as has happened
more than once, by Thieves and Knaves, who have inſured large Sums on
Ships, aboard which they had nothing, or Things of a very ſmall Value,
which they have in Concert with the Captains procured to be loſt, or by ſome
ſuch other Tricks: It is therefore of the utmoſt Importance to the Inſurers,
that this Article be purſued to the greateſt Rigour, and it may be ſeen in the
Ordinance Numb. VII. Art. 2. that theſe Sorts of Caſes are reſerved to be
judged by the Lords Echevins (or Sheriffs.)
32d Article, “ Ordains, that all Accidents of Inſurance, ſhall be brought
“ in the firſt Inſtance before the Commiſſioners of the Chamber, which they
ſhall judge upon the Footing of the Ordinance; and for their Employ, they
“ Thall have jointly with the Secretary One-third per Cent, on the Sums
brought for their Determination, payable by the plaintiff.”
33d Article, “ Authorizes the Commiſſioners of the Chamber to order a
Delivery of the Money demanded, wholly, or partly, if they think proper,
“ after the Verification of the Policies and Proofs, and that it appears to them,
" that the Notification of the Loſs to the Inſurers was made three Months
before, permitting thoſe who have obtained the Poffeffion, to remain with
the Money, under a fufficient Security, to return it with Intereſt, after the
Rate






4
332
OF INSURANCE S.
" Rate of twelve per Cent. per Ann. if the Commiſſioners find afterwards that
" it ought to be returned.”
34th Article, “ Permits an Appeal from the Sentence of the Commiffioners,
to the Echevins (or Sheriffs) of the City.”
35th Article, “ Ordains, that the Execution of the Sentences given by the
• Commiſſioners, ſhall be performed in the ſame Manner, as that of the
“ Sentences given by the Seigneurs Echevins.”
36th, and laſt Article of the Ordinance, No. I. “ Directs thoſe who appeal
“ to the Seigneurs Echevins, from the Sentence of the Commiſſioners, to do it
“ in ten Days, and to give in their Articles in ten Days after, paying at the
« firſt Audience twelve Guilders as a Mulet, if the Sentence of the Commiſ-
- fioners is confirmed by the ſaid Seigneurs.”
Remark. I ſhall content myſelf with giving the Senſe of theſe four laſt
Articles juſt as they are, without entering into a Detail of the Caſes that may
happen, when obliged to litigate them with the Inſurers, becauſe that there is
an Infinity, which almoſt all differ one from another, in the whole, or in Part,
and which the Solicitors, who plead theſe Sort of Affairs often, know ſo well
how to embroil, that the Proceſs may laſt longer than it ought; I ſhall only
remark on this Subject, a Paſſage in the Treatiſe of Averages, wrote by the
famous Quintyn Wytſen, which is very often cited in Juſtice, upon the Matter
of Averages and Inſurances, where he ſays, that the Inſurer is regarded by all as
a Pupil; that is to ſay, that they are protected in Juſtice as Orphans, and that
they are never condemned to the utmoſt Rigour, as it may be done in a Cauſe
between Particulars; and it is for this ſame Reaſon, that I adviſe all thoſe,
who have any Difference with the Inſurers, to agree it amicably, as well as
they can, and avoid a Suit, as they may be certain they will often get more by a
friendly Adjuſtment than by a Litigation ; for the Inſurers had rather grant
ſomething than be proſecuted, becauſe this makes them decryed as Wranglers;
but it muſt at the ſame Time be confeſſed, that if too much is demanded of
them under this Belief, they rather chuſe to go to Law, in which they are not
quite wrong
And as in Proceſs of Time ſome new Caſes have happened, not
mentioned
in the Ordinance, the Magiſtrates of this City have, from Time to Time,
made Additions and Amplifications, and changed thoſe Articles which they
found not to be eſſential. The Additions are contained in the eleven Regula-
tions or Ordinances following, which I ſhall mark from No. II. to XII. to
follow the Order in which they are couched, in the Manner of Proceeding
before the Juſtices of Amſterdam, from whence I have taken them.

No. II.
The 30th of January 1626, “ The Lords Juſtices, willing to amplify the
“ ſecond Article of the preceding Ordinance, have ordained, that when any
one is inſured, and the Inſurer fails and becomes inſolvent, the Affured
" may ſet afide the Inſurance, by his notifying it to him, by a Notary and
" two Witneſſes, at the Place of his laſt Habitation or to his Aſſignee, leaving
so however the Premium, which he cannot reclaim, and afterwards he may get
“ himſelf inſured by another Underwriter, on good and bad Advices."
This Amplification was undoubtedly made to prevent the Difficulties which
might reſult, from what the Article 2, (where it is ſpoke of) ordains, that the
Aſſured ſhall run the Riſque of for all under 12,000 Guilders, according to
which, a Man, who has got 10,800 Guilders inſured on Goods worth 12,000,
cannot inſure any more; and one of the Inſurers happening to fail, and the
Aſſured being deſirous to get ſome other to underwrite in his Room, it would
ſeem by the Policy, that he Thould have got himſelf inſured for more than he
was permitted, if he had not given it over, in the Forms directed in this Am-
plification, which may ſerve him for Proof in Caſe of Need; but as I have
mentioned under the ſecond Article, that any one might get himſelf inſured
entirely, I ſhall only obſerye here, that if án Inſurer happens to fail, the

Aſſured
OF INSURANCE S.
333
1
Aſſured ſhould by no Means omit deſiſting from his Inſurance, in the Forms
preſcribed by this Amplification.
No. III.
The 9th of May, 1614, “ Our Lords of Juſtice having examined the 17th
Article of this Ordinance, and found that great Abuſes have reſulted from
“ it, they thought proper to alter it; and to ordain, that, hereafter, all Sorts
“ of Merchandizes and Effects whatſoever, ſhall be comprehended under the
“ general Name of Merchandize or Effects, corruptible or incorruptible; but
" that he that would inſure upon Gold, Silver, coined or uncoined, precious
“ Stones, or Jewels, and Ammunition, ſhall be obliged to have it expreſſed
“ in the Policy, on Penalty of its being nulled.”
The 17th Article above-mentioned, orders to ſpecify, in the Policy, the
Merchandizes which are ſubject to periſh through their own Nature, which
was quite needleſs, becauſe the 27th Article of the ſame Ordinance exempts
the Inſurers from paying the Damage which ſhall happen without any foreign
Cauſe; and whether theſe Sorts of Merchandize are named in the Policy or
not, when any Damage happens, the Queſtion is, to know what Cauſe pro-
duced it; but in Regard of Gold, Silver, Jewels, and warlike Stores, the 17th
Article remains in its full Force.

No. IV.
In February, 1600, and in the Month of June, 1601, “ Our Lords of
“ Juſtice ordered, that the Commiſſioners of the Chamber of Inſurances, and
“ their Secretary, might be inſured.”
The 30th Article of the firſt Ordinance had prohibited it, as may be ſeen in
the ſaid Article.

No, V.
« This Ordinance provides, that all the different Accidents which ariſe from
“ Averages, ſhall be carried in the firſt Inſtance before the Commiſſioners of
" the Chamber of Inſurances, to be by them regulated and decided, in the
" Manner eſtabliſhed with Reſpect to Inſurances, in the last Articles of the
“ firſt Ordinance, and that the Execution of the Sentences ſhall be performed
« according thereto.”
No. VI.
« The firſt part of this Ordinance provides, that they ſhall every three Days
proceed againſt thoſe, who being cited before the Chamber, ſhall not ap-
pear ;
and that for the firſt, fecond, third, and fourth Fault of Non-
appearance, they ſhall be condemned, on the ſecond Omiſſion, in a Mulct of
“ fix Stivers ; on the third, in twelve Stivers; and at the fourth, eighteen
“ Stivers; and that the Commiſſioners may condemn or abſolve for the Prin-
cipal at the fourth Neglect, however, without decreeing a Security in Virtue
“ of the ſaid Fault, unleſs the Commiffioners ſee, by the Deduction of the
• Cauſe, that it is diſpoſed ſo that he ought to be ordained to give it, inſtead
or of a definitive Sentence, in Virtue of the fourth Fault.
• The ſecond part ordains, that the Decay or Ruin of the Ships that go
« from hence to the Indies, whether it happens going or coming, ſhall be on
• Account of the Inſurers, unleſs theſe Veſſels happen to be employed in an
66 extraordinary Manner in the ſaid Indies, for the Trade thereof; and that all
" the Merchants ſhall be obliged to place their Merchandize, upon which the
Averages ought to be regulated, according to their true Value; and that
“ this may be done with the greater Honeſty, the Effects brought under
- Contribution ſhall be put into the Hands of the Commiſſioners, to the End
“ that they may be enabled to determine equitably,"...
This Ordinance was made the 20th of June, 1606, before the Eſtabliſhment
of the India Company, and regards more the Particulars who traded there, than
the Company, who never inſure that I know of; but ſince that it charges the
4 Q
Inſurers



334
OF INSURANCE S.
Inſurers with the periſhing of Ships in a Country ſo diſtant, there is much
ſtronger Reaſon that they ſhould be anſwerable for the fame Misfortunes in
thoſe Seas which are a great deal nearer, in which the Inſurers would certainly
be greatly to be pitied, if the Commiſſioners had not ſome Regard to them,
which is left to their Diſcretion in the Ordinance, No. XI.
To commit the Effects put under Contribution of an Average into the
Commiſſioners Hands, that they may judge equitably, is very often impoſſible,
and when it is otherwiſe the Thing would be equally troubleſome to the
Commiſſioners and Merchants; therefore, in ſuch Caſes, the Commiſſioners
themſelves have the Ships taxed that lie before the City, and order the Mer-
chants, who have an Intereſt in the Loading, to bring in an Account of the
juſt Value of their Goods to the Chamber, and as this is often done after the
Goods are ſold, thoſe who have diſpoſed of their's inſert the Produce in their
Accounts, and thoſe that are ſtill unfold they paſs according to the Price
current; and, upon the Taxation of the Ship, theſe different Accounts of the
Merchants, and the Eſtimation of the Damage happened, the Commiſſioners
regulate the Average, and decree the Repartition in their Sentence.
1
De No. VII.
This Ordinance, made the 14th of June, 1607, contains five Articles; of
which the
iſt Article ordains, " That the Fines proceding from the Faults obtained
6. before the Chamber, ſhall be exacted by the Huiffier of the Chamber; of
or which he ſhall have the third for his Trouble, and if he cannot recover
“ them, they may be exacted by the Serjeant of Monſieur the Officer.'
2d Article, “ Directs the Commiſſioners to ſend before the Lords Echevins
« all thoſe Cauſes of Inſurance in which they have found any Fraud.” Thist
is properly a Confirmation and Amplification of that which is ſaid in the firſt
Ordinance, Article 31.
3d Article decrees, “ That when in any Danger, ſome grofs Goods ſhall
" have been thrown overboard from between Decks on Ships coming from the
“ Levant, they ſhall be brought into an Average on Ship and Cargo.
This is a Law generally received by all Europe, to bring into a groſs Average
all that is thrown into the Sea, all that is cutaway, broken, or loſt in the
Danger, to ſave that which remains aboard; which makes me believe, that
this Article was only made to ſtop the Mouths of ſome Wranglers, who it is
probable would maintain, that what is put between Decks, being thrown
overboard in the Danger, ought not to be brought into an Average.
4th Article, “ Authorizes the Commiſſioners to condemn the Parties, in all
or Half of the Expences, or to decide them as they ſhall think proper."
5th Article, “ Enjoins the Commiffioners not to carry to the Inſurers
“ Account (when they regulate any Average) only what they ſhall find ought
“ to be carried to Averages.”
For to underſtand this Article aright, it muſt be obſerved, that Averages are
frequently regulated in one Manner between the Proprietors of the Ship and
thoſe intereſted in the Cargo, and in a different one, with Regard to the Inſurers,
who are not obliged generally to pay all that is brought into an Average upon
Ship and Goods, but only certain Articles, according to the Circumſtance of
the Caſe, which would be too long to deduce here.


No. VIII.
This Ordinance alſo contains five Articles, of which the
iſt Article, « Decrees, that all the Premiums of Inſurance, which do not
" exceed 7 per cent. ſhall be paid in ready Money, without deducting them
“ from the Damage in theſe Cauſes, which ſhall be brought before the
" Chamber, but they ſhall be counted and held as paid.”
2d Article, “ Ordains, that the Premiums exceeding 7 per Cent. Thall be paid
“ in fix Months after ſigning the Policy; but if the Premiums on going and
coming amount to more than the 7 per Cent, and to 14 per Cent. incluſive,
4.
" the
OF INSURANCE S.
335
" the Half ſhall be paid down, and the other Half in fix Months after, with
“ the Intereſt of 12 per Cent. per Ann. after the Expiration of the ſaid fix
Months, to the Time of Payment.”
In Obedience to the firſt of theſe Articles, or both of them, the Inſurers
never ſign a Policy, that they do not inſert at the ſame Time, that they have
received the Premium, although they do not receive it till two or three Months
after, and ſometimes never, becauſe they have an open Account with every
Broker, and if a Loſs happens, they draw upon him, without having enjoyed
the Premiums. It is true that they may recover of him directly, and it were
to be wiſhed, for their Sakes, that they gave leſs Credit to ſome Brokers, who
uſe the Premiums to pay every Thing elſe but them; if they gave ſo much leſs
Credit to the Brokers, the Inſurers would not ſuffer, as they often do, when any
one of the former becomes inſolvent; for if the Merchants, by employing the
Brokers, give them an Opportunity of gaining their Brokerage, they only are
anſwerable to the Inſurers for the Premiums; and if thoſe were paid in ready
Money, the Brokers would not be expoſed to this Riſque.
In Regard to the Premiums in going and coming, the Cuſtom obſerved for a
long Time, has been in the ſame Manner as above, but the Broker will not
engage with the Inſurers only for the Premium out: And when the Ship is ar-
rived, or is upon her Way Home, the Inſurer afſigns the Premium of her Re-
turn on the Aſſured; but as it' frequently happens, that ſome of the Aſſured
fail during the Interval of the Voyage, by which the Underwriters loſe the Pre-
mium on the Ship’s Return, it is now ſome Years ſince they have obliged the
Brokers to be anſwerable for both, in which I think they have acted very pru-
dently.
3d Article, “ Ordains, that when the Chamber of Aſſurances has made a
Repartition of the Average or Damage, the Inſurers ſhall be obliged to pay
so it directly, and in Default thereof, they ſhall pay the Aflured an Intereſt on
" the Sum in which they have been condemned, after the Rate of 12 per Cent,
per Ann. to be reckoned from the Day the Repartition is made, till the Time
“ of its Diſcharge.”
This Caſe occurs ſo rarely, that I have never ſeen an Example of it; but on
the contrary, a Loſs or an Average is no ſooner regulated by the Chamber, than
the Inſurers are the firſt who deſire to pay, unleſs they think themſelves un-
juſtly dealt by, and have an Intent to appeal.
4th Article,
- Directs the Commiſſioners not to make any Repartition of to-
" tal Loſſes, till the three Months of abandoning be expired, according to the
25th Article of the firſt Ordinance.”
have remarked upon the ſaid 25th Article, that in ſuch Caſe, the Inſurers
ought to pay the entire Loſs, but in agreeing it amicably, they only pay 98 per
Cent. which is better, both for the one and the other, than to go to Law, for many
Reaſons.
5th Article, “ Orders that the Brokerage on Inſurances ſhall not exceed 1 per
“ Cent, as well on going and coming, as on going or coming only; to be paid
- Half by the Inſurers, and the other Half by the Aſſured.”
The Cuſtom is, that the Inſurers only pay the Brokerage at : either going or
coming, and I per Cent. Outwards and Homewards ; and if this is not agreed
to, as the Brokerage for going or coming fingly is è per Cent. the Brokers may
with Reafon, firſt make the Inſurance Outwards, and ſome Days after make that
Homeward, in Order to get double Brokerage; and I do not doubt of their hay-
ing done ſo, ſince the making of this Ordinance, &c.




No. IX.
It is ordained by this Amplification of the preceding Ordinance, No. VIII.
" That all the Premiums of Inſurance, at whatever per Cent, they may be,
" and let them be what they will, ſhall be paid inmediately on figning the Po-
licy, under Penalty of their being null; provided that on thoſe which are made
for going and coming, the Premiums for going ſhall be paid directly, and the
Premiums for returning ſhall be paid on the Arrival of the Veſſels; and of
" all
1
336
OF INSURANCE S.
It may
1
“ all the Inſurances which are made by the Month, the Premiums ſhall be paid
“ down for as many Months as ſhall be ſtipulated in the Policy.
No. X.
As the foregoing Ordinance does not very clearly explain itſelf in ſaying,
that the Premiums on the homeward bound Voyage ſhall be paid on the Ship's
Arrival, this Article is added, and imports, that the Premiums on her coming
back, ſhall be paid when the Veſſel ſhall be returned, and finiſhed the Voyage.
be ſeen by theſe two Articles, what I have faid under the ſecond Ar.
ticle of No. VIII.
No. XI.
In Reply to the Advice which the Commiſſioners of the Chamber requeſted
of the Burgomaſters, how they ſhould regulate the Damage upon Woad, Sugar,
and other Merchandizes, which came from the Azores Iſlands; as a very great
Difference is found in the Price, between thoſe bought with ready Money,
and thoſe taken in Truck; and alſo upon what the ſaid Commiſſioners repreſent,
that in long Voyages, where the Aſſured gain largely, the Veſſels decay con-
fiderably, and if they are loſt, the Inſurers pay a great deal more than the Ships
would have ſold for if they had arrived in Safety,
" Our Lords of Juſtice ordained, that the Woad ſhould be reckoned, till
“ further Order, upon the Footing of 800 Rees the Quintal, unleſs the Con-
“ cerned can prove in eight Months, that the Woad was bought in the ſaid
Illes, at a higher or lower Price; and with Reſpect to Sugars and other
Merchandize, the Commiſſioners may value them as they ſhall think proper.”
“ And touching the Ships, which, by the Length of their Voyages, are
worn out, worm-eaten, or become unnavigable, the Commiſſioners were
“ authoriſed to act according to their Diſcretion.”
It is very juſt to have Regard to the Price of the Goods which are to contri-
bute to an Average, when the Calculation is to be made, more eſpecially when
ſome Part of them have been taken in Truck, and the other paid for with
Ready-Money ; in which Caſe thofe that are received in Truck, would coſt a
good deal more if paſſed at the Price they were taken at in Barter, than thoſe
purchaſed with Ready-Money, and would not however be any Thing better,
and notwithſtanding they would pay confiderably more than they ought towards
the Average. For Example, A Quintal of Woad ſhall have been taken in Truck
for 1200 Rees, and a Quintal of the ſame bought for 600, with Ready-Money;
and if the Average is regulated on the Footing of theſe two Purchaſes, the
Quintal taken in Truck will pay double the Average that the Quintal bought
with Ready-Money will, which would be viſibly contrary to Reaſon, and to the
Ordinance No. VI. which directs, that Things ſhould be put at their true Value.
In Reſpect to the Decay of Ships, it is certainly very equitable, that it ſhould
be regulated, as well in the Regulation of Loſſes, as in that of Averages; for it
is certain, that on many Occaſions the Inſurers loſe, and pay the Damage which
happens to Ships, whilſt the Proprietors gain a great deal above it.
No. XII.
This Amplification decrees, " That henceforward, any Abandon, Regiſter-
si ing, or Authorization, in Matters of Inſurance, ſhall not be done but by the
“ Secretary or Huiſſier of the Chamber of Inſurances, who are ſufficiently au-
ss thorized for it by this Ordinance, which prohibits all Notaries, Brokers, and
“ other Perſons to undertake the doing any Act, under Penalty of its being null.”
If the Aſſured judge that the Inſurers have any Room to make a Diſpute, they
ought not to fail making the Abandon, Regiſtering, or Authorization, as it is
ordered here above, becauſe all that they get done by their Brokers is null and
invalid, if the Affair comes before the Chamber, and that theſe Pieces muſt ab-
ſolutely be drawn up there, and ſigned by the Huiſſier to be valid.
The 5th of March, 1688, the following Ordinance was publiſhed;
“ Thoſe who would get Inſurance made on Ships or Effects already departed
«c from the Place of their Loading, ſhall be obliged to declare it on the Policy,
" and to note the Time of their Departure, except they are ignorant of it; and



I
" if
OF INSURANCE S.
337
“ if they are ſo, they are expreſsly to declare it in the Policies, on Penalty of
“ its being null."
As this Article has a Relation to, or Affinity with the Articles 6, 20, or 21,
of the firſt Ordinance, Reference may be made to what I have ſaid under the 6th.
The fame Day, 5th of March, 1688, the ſubſequent Order was alſo publiſhed.
The Lords of Juſtice having been adviſed, as well by many Merchants, as
Inſurers, that diverſe Changes were daily made in the Print of Policies, and
that almoſt every Broker added ſome Novelty, which obliged both the Mer-
chants and Inſurers to read, as well what was printed, as wrote in them, and
that this was a troubleſome Practice, by Reaſon of the many Affairs they had
to tranſact at the Bourſe and elſewhere, from whence proceeded a great Number
of Frauds, bad Tricks, &c. the which the ſaid Lords willing to prevent,
have enacted and ordained, that henceforward no one ſhall print or offer any
Policy which does not contain Word for Word the ſame as thoſe that follow,
and they muſt be marked by the Secretary of the Chamber of Inſurances,
who ſhall have three Stivers as his Due for each ; and no Policy ſhall be made
which is not marked by him, in Want of which, they ſhall be invalid ; and
the Brokers who offer any Policies, with other Contents than what is in the
ſubſequent Forms, ſhall pay for each fifty Guilders Mulet.
or
W Ꮃ
A Form of the licenſed Policies upon Ships.
E the Underwriters do aſſure you, Mr.
any other to whom it may appertain, in the whole, or in Part, Friend or
Enemy without any Exception, viz. every one for the Sum here ſubſcribed,
of (in this Blank is inſerted the Voyage the Ship is to make)
upon
the Body and Tackle of the Ship (which God preſerve) with her Guns, Ammuni-
tion, Apparel, and Appearances belonging to the ſaid
or to any other, called
of which is Captain
or any other who may be put in his Place
the Riſque, Perils, and Adventures which we take upon us, from the Day and
Hour, that
until the Time
that the ſaid Ship,
ſhall be arrived as above, with
her Guns, Ammunition, Apparel, and Appurtenances, and entirely unloaden ;
and the ſaid Ship may go forward, retreat, turn, and go about to the Right,
Left, and on every Side, in the Manner that the Captain or Captains may think
proper, for the Benefit and Advantage of the faid Voyage ; the above-mentioned
Dangers, conſiſting in all Perils of the Sea, of Storms, Fire, and Winds, Arreſt
of Friends or Enemies, Detention of Kings, Queens, Princes, Lords, and
Communities, Letters of Marque and Countermarque, Imprudence of Captains,
or Barretry of the Mariners, and in all other Perils and Adventures which can
happen to the ſaid ship, of whatſoever Sorts they be, foreſeen or unforeſeen,
ordinary or extraordinary, without excepting any one, provided they happen
without any Deſign, or Knowledge of the Aſſured; we put ourſelves in all
the aforeſaid Caſes in your Place, to pay you the Aſſured, or to your Agent, all
the Damage that you ſhall have ſuffered, viz. each one, in proportion to the
Sum he ſhall have underwrote, as well the firſt as the laſt Inſurer, and that
within one Month after we ſhall have been duly adviſed of the Loſs or Damage,
and in that Caſe, we give to you the Aſſured, and to all others, a full Power,
whether it turns to our Advantage or to our Lofs, to lend a Hand to ſave the
Ship, and its Appurtenances, to fell it, and to diſtribute the Money, if the
Cafe requires it, without demanding either our Conſent or Permiſſion : We
alſo paying the Charges, which ſhall be occaſioned in this Affair, and like-
wiſe the Damage which ſhall have happened, whether yny Thing is ſaved or
not;
and in Reſpect of the Account of Charges, a Certificate ſhall be added to
the Oath of him that furniſhed them without any Contradiction; provided
that



4 R
338
OF INSURANCE S:
only gives Commiſſion to inſure the Body.ch
that there ſhall be paid us in ready Money for the Price of this Aſſurance
per Cent. engaging for this Effect, and ſubmitting our Perſons
and Goods preſent, and to come, according to Law, renouncing, as Men of
Honour, all Chicanes and Exceptions, which may contradict the preſent.
So done at Amſterdam, &c.
N. B. The Policies on Goods are the ſame with the above, only varying the Terms
(as in the Engliſh one) therefore I omit the Tranſlation.
Aneio Amplification of the Ordinance of the Chamber of Aſurances, and Averages,
of the City of Amſterdam.
THE Lords of Juſtice of the City of Amſterdam, having ſeen and examined
the Requeſt of many confiderable Merchants of the ſaid City, preſented
to them To-day, beſeeching that there may be ſome Alteration and Redreſs
made in Matter of Inſurances ; and after having heard the Advice of the Com-
miſſioners of the Chamber of Inſurances
and Averages, have thought proper
to enact and ordain, as they do by theſe Preſents;
iſt Article, “ That henceforward Inſurance may be made on the Body and
“ Tackle of Ships for Seven-eights of their true Value, however, without
“ Permiſſion to make any on their Freight, Powder, Ball, Victuals, or ſuch
“ like Things which are conſumed, and the Aſſured ſhall be obliged to run
“ Riſque of the One-eighth, as well for what is above, as under two thouſand
“ Livres de Gros, derogating and altering in this Reſpect the roth Article of
so the Ordinance of the Chamber of Inſurances.”
The 10th Article of the firſt Ordinance altered by this, forbids the inſuring
Ships for above Two-thirds of their Value, which was ſufficient to diſcourage
all thoſe who ſhould have a Deſign to build Ships, it obliging them to run the
Riſque of One-third of their Value, which might not ſuit every one ; ſo that
it is with Reaſon they have changed the ſaid Ioth Article of which we are
ſpeaking; and it is even very much wilhed, that they had not obliged the
Owners of Ships by this Article, to run the Riſque of the One-eighth; for
beſides its cauſing many Diſputes, there is not naturally any Neceſſity to oblige
a Man to run a Riſque, which an Inſurer would take on him for the Premium
he receives ; there is even (if I may be permitted to ſay ſo) a wide Door opened
to Chicanery in this Amplification, which only ſpeaks of the Body of the
Ship, without making mention of the Apparel and Appurtenances, which are
very often worth as much, or half as much, as the Body of the Ship; I, how-
ever, very well know, that when the Commiſſioners of the Chamber have a
Ship taxed, it is taxed with all its Apparel and Appurtenances, and without
Contradiction from the Inſurers; but I do not know what would happen if
fome one amongſt them would ſtick to the Letter of the Ordinance, which
go to Sea without Sails, Maſts, &c. ſo that her Apparel and Appurtenances
being abſolutely neceſſary to perform the Voyage, they may be, and effectually
are, comprehended with the Body of the Ship; however, this would not
ſhut the Mouths of ſome Wranglers, if they were in ſuch a Caſe. But not
to extend my Criticiſm any farther, I ſhall only ſay, that when an Inſurance is
made on the Body of a Ship, it is very neceſſary to value it in the Policy, and
to inſert that it is with all its Appurtenances and Dependencies, and ſuch
other Clauſes, as an expert Broker ſhould find a propos to put it in, according
to the Caſes and Circumſtances.
2d Article of this Amplification ſays, “ That in like Manner it ſhall be per-
“ mitted to inſure the ſingle Ranſom, or Redemption of Captains and Sailors,
" who, run a Riſque of being taken by Corfairs, and that upon Policies (of
“ which the Plan thall be given herewith) the which ought to be marked by
“ the Secretary of the Chamber, who ſhall have three Stivers for each, as
• for other Policies, upon Penalty, that if they are not marked by the ſaid
Secretary, they fhall not be valid; and that the Brokers, who ſhall make
any


OF INSURANCE S.
339
any Policies in a different Manner ſhall pay fifty Guilders Mulet for
“ each, &c.”
The 24th Article of the firſt Ordinance, prohibits the making Inſurance on
any Lives whatſoever ; and many People confound Liberty with Life, ima-
gining that inſuring the one was not more lawful than the other, which occa-
fioned many Difficulties between the Owners of Ships, and their Captains
bound to the Mediterranean and the adjacent Parts, where they run the Riſque
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 leaſt Rupture that we now
have with any one of the States of Barbary, the Captains deſigned for the
Mediterranean will by no Means fail, till their Owners have inſured
3 or 4000
Guilders upon their Liberty, in order to redeem them with this Money, in
Caſe they are ſo unfortunate as to be taken.
5d Article of the ſaid Amplification, “ Decrees, that any Inſurance made
upon Money given a la Grolle (a Term uſed in Holland for lending Money
at a large Intereſt like Bottomry) upon Goods, ſhall not be valid, unleſs it
“ be expreſsly 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
o it was taken, and to whom it was delivered, and for whoſe Account; but
" the Aſſurance being made from a Place, where no Bill of Lading was ſigned,
“ it muſt be proved by the Contract de Groſe, or Bottomry, &c.
The 4th and 5th Articles, authoriſe the Commiſſioners to condemn, from
the ſecond Non-Appearance, thoſe whom the Inſurers have cited before the
Chamber for the Payment of Premiums, and to proceed to other Cauſes every
two Days, and to condemn upon the third Default.
W
The Form of a Policy of Inſurance upon the Liberty of a Perfon.
E the Underwriters inſure you
or to whom it
may appertain, viz. Each for the Sum here under ſigned, to
on Condition to go every Way, during the whole Voyage, and with Li-
berty to touch in all Places and in all Countries in the Way, to advance,
retreat, get into Port, unload and load, at the Will of the Captain or Måte,
whether it is with the Liking and Conſent of the Aſſured or his Deputy or
not, and that upon the Body and Perſon of
bound for
upon the Ship (which God preſerve) called
commanded by Captain
and in Caſe that the ſaid Ship ſhould
happen to be loſt, and not accompliſh her Voyage, we run the ſame Riſque
on the Ship or Ships upon which the ſaid
may embark,
to purſue and finiſh his aforeſaid Voyage, be it either by Sea or Land; and
we only run the Riſque of his being taken, by any Nation whatſoever, whether
Turk, Moor, or Barbarian, or other Infidel Pirates, from whom in Caſe that
happens to be taken, and ranſomed (which
God avert) we promiſe to pay immediately to the Aſſured, or to the Bearer of
theſe Preſents, without any Abatement, each the Sum by us inſured for his
Redemption, with the other Charges that this Affair may occafion; and that
as foon as the Advice ſhall be received, and that it ſhall appear to us that he
is releaſed, or his Ranſom paid, and that the Bills of Exchange have been
accepted; but the Sums by us inſured muſt be employed only in his Ranſom
and concurrent Expences, and for nothing elſe; and for the Accompliſhment
of the above, we engage our Perſons and Effects, preſent and to come, ſub-
mitting them to all Laws and Tribunals of Juſtice, the whole ſincerely with-
out Fraud or Deceit; and we have agreed for the Premium,

the ſaid
So done in Amſterdam, &c.
Policies of Inſurance in France, are generally drawn up in the Regiſtry
Office of Inſurances, in thoſe Places where one is eſtabliſhed; and in thoſe
5
Places
340
OF INSURANCE S.
1
219. Word
ASSURANCE
the
Places, where there are none, the Policies may be made either before a Notary
Publick, or under a private Firm.
D. de C.Pag.
In foreign Places where French Conſuls are ſettled, the Policies of Inſu-
rance may be entered in the Chancery of the Conſulate, before two Witneſſes,
and all theſe Policies muſt mention the Name and Place of Abode of the
Inſured, his Condition, whether Proprietor or Agent, and the Goods or
Effects on which the Inſurance is made; they muſt likewiſe contain the Name
of the Ship and Maiter, the Place from whence the Goods are, or muſt be
loaded, of the Haven or Port from whence the Ship is to fail, or ſhall have
failed, of the Ports where ſhe is to load and unload, and of all thoſe where
ſhe is to touch; they muſt alſo expreſs the Time when the Riſques are to
begin and finiſh, the Sums that are inſured, the Premium given, the Sub-
million of the contracting Parties to Arbitration in Caſe of Diſpute, and all
other Clauſes in general on which they are agreed, according to the Uſe and
Cuſtoms of the Sea; about all which, his moſt Chriſtian Majeſty publiſhed
an Ordinance in the Month of Auguſt, 1681, where, at Titre 6, du Libre 3,
every Part of Inſurance is fully directed.
Beſides the Inſurances we have hitherto mentioned, others are made in
France, called Secret, or Anonymous ones, which are performed by Cor-
reſpondence with Foreigners, even in Time of War.
It is inſerted in the Policies of this Sort of Inſurance, that it is for a Friend's
Account, whoſoever he may be, without naming the Perſon ; and in Caſe the
Ship or Merchandizes ſo inſured happen to be loft, the Aſſured muſt notify it,
and his abandoning the Inſurance (by an Ac in Form) either by the Regiſter,
a Notary, or Bailiff, demanding Payment of the Sums inſured (in Conſe-
quence of his relinquiſhing) in the Time agreed by the Policy.
Inſurances are made in many Parts of France, particularly in moſt of the
maritime Towns; and the Beginning of the Year 1770 a Chamber of it was eſta-
bliſhed at Paris, with a Fund of twelve Millions of Livres, in which ſome
Alterations were made about ten Months ago; but as the Articles in their
Policies differ very little from the Dutch, I ſhall not enlarge on them to avoid
Repetitions.
An Office for Inſurances was likewiſe eſtabliſhed about the latter End of
that Year at Stockholm; and another about fix Months ſince at Naples, with a
Capital of 100,000 Crowns. And a Company has been long ſettled at Copen-
bagen for this Purpoſe; beſides which, large Inſurances are made in Norway,
and the Terms generally the ſame as in Holland.
All Policies muſt be made on ſtamped Paper, and no Inſurance permitted
on Life, Wages, Proviſions, Ammunition, or Materials ; only on Ship and
Goods, and on theſe no more than Nine-tenths of their real Value.
The Inſurers pay no Average, on Demurrage, or Loſſes under 3 per Cent.
nor on Wool, Hemp, Flax, Sugar, and Stock-fiſh, under 10 per Cent. and
the Laws are ſo rigorous, that if the Inſurance is made for above Nine-tenths
of the real Value (as aforementioned) the Premium is ſunk, and the Perpe-
trators ſuffer Death.
When a Policy on Goods is ſigned, the Underwriters are anſwerable for all
Premium, it bears half per Cent. Intereſt per Month.
On a Loſs of Ships or Goods, the Aſſured may have it notified to the In-
ſurers, with full Proofs ; and if the latter do not pay the Loſs within three
Months, he muſt pay the Affured half per Cent. Monthly, from the Time of
the Loſs being notified to him, until its Diſcharge.
A Ship bound to any Part of Europe, and no News heard of her within a
Year and a Day, the Inſurance is due; and if the Voyage is to any other
Part of the World, two Years are allowed; and it is to be noted that a Year
and a Day in Law, is underſtood to be a Year and fix Weeks.
If the Voyage is áltered, and Premium returned, half per Cent. is allowed
the Underwriters, as in other Parts ; and the Inſurance in this country is void,
and the Capital confiſcate, if not made on ſtamped Paper.
Venice,

1

I
341
5596
S. 21.
Dyer 356.
e in of print
OF ARBITRÁ TORS, &ci
Venice, Leghorn, Genoa, and many other Places, have their Underwriters,
and pretty conſiderable Inſurances are ſometimes made there; though thoſe I
have before mentioned are the principal ones where large Sums are underwrote
for, with the greateſt Security.
Of Arbitrators, Arbitrament, Arbitration Bonds, and
Awards.
AN
N ARBITRATOR is an extraordinary private Judge, between Party and Weſt Symb.
Party, choſen by their mutual Conſents, to determine Controverſies be-
tween them.
And he is ſo called from Arbitrium (Free Will) as ſome derive it; or becauſe i Roll. Abr.
he has an arbitrary Power, as is ſuppoſed by others; for if Arbitrators obſerve 251.
the Submiſſion, and keep within due Bounds, their Sentences are definitive,
from which there lies no Appeal.
The Power of Arbitrators is to be regulated by the Compromiſe between
the Parties, as to what concerns the Differences which they are to determine,
and whatever they decree beyond that is of no Effect. In
The Award of Arbitrators is definitive, and being choſen by the Parties : Nelſo Abr.
they are not tied to ſuch Formalities of Law, as Judges in other Caſes are, and 12.4
yet they have as great Power as other Judges to determine the Matters in Va-
riance; but their Determination muſt be certain, and it is to be according to
the expreſs Condition of the Bond, by which the Parties ſubmit themſelves to
their Judgement. Id ti o non
After a definitive Sentence is given, the Functions of Arbitrators ceaſe, and
they have not Power to retract or alter it.
hiclo 10
No Matters wherein the Public is concerned, or beſides thoſe of a private
Nature, which regard Property between Perſon and Perſon, can be ſubmitted to
the Deciſion of Arbitrators. The Differences ariſing between Merchants,
lating to their Commerce, and between Parties, in Relation to their Partnerſhips,
and alſo Accounts of Guardianſhips, and other Adminiſtrations, are proper Sub-
jects for Arbitration. Therefore al Articles of Partnerſhip ſhould contain a
Clauſe, by which the Partners bind themſelves to ſubmit to Arbitrators in the
Diſputes that may ariſe between them. And if the ſame was done in the Con-
tract, and Policies of Affuránce, it might prevent many Suits at Law.
It has been a Cuſtom to chuſe two, one by each of the contending Parties,
;
from thoſe whoſe Differences they were labouring to reconcile, it has been a
Practice for ſome Time paſt, to nominate three in the Bonds, by which Means
their different Opinions remain ſecret, and conſequently unknown to the Con-
cerned; who are too apt ungenerouſly to reflect on a Determination, which will
naturally differ from the Opinion at leaſt of one of the Parties, and excite in an
uncandid Manner a Cenſure, where at leaft their Thanks are due.
- The Chancery will not give Relief againſt the Award of the Arbitrators, ex- Chane. Rep.
cept it be for Corruption, &c. and where their Award is not ſtrictly binding 279:
by the Rules of Law, the Court of Equity can decree a Performance.
o. When the Arbitrators make an Award upon one Day, they cannot make 26 Hen. VI.
another between the Parties, on any other Day'; nor can they do it Part at one
Time and Part at another, although the Times are within the Submiſſion.,
Though the Arbitrators may-agree upon a Thing one Day, and on another 47 Edw. IIP?
Thing at another Time, and at laſt make an Award of the whole.
Arbitrators are to award what is equal between the Parties, and not on one 2 Mod. Entr.
Sidesonly, and the Performance of it muſt be lawful and poffible, alſo the Award Eng. 262.
muſt be final. Vi ,te
bionisme guide
If the Arbitrators make an Award of Money to be paid to a Stranger, &c. 242.
anleſs the Parties have. Benefit by it, it will be void. *
4 S

v
i Vern. 24
52.
39 Hen. VI.
12.
21.
1 Inft. 201.
i Rol. Abr.
widni 2 Saund.
122. 2 Lill.
And 169.
342
OF AR BITRATORS,! & C.)
i Salk. 71.
Mod.Cal. 33.
Browni 55.
i Lill. Abr.
170.
15.
Friends,
,
,
in is ,
, . ,
, .
And a Party is not to be made a Judge in his own Çauſe by Award.
For it is a general Rule in Equity, that when it appears that any one of the .
Arbitrators was any Way intereſted in the Matters in Controverſy referred to
them, the Award is to be ſet aſide.
Where a Thing is to be done on Payment of Money, a Tender of the Money
is as much as an actual Payment.
Action of Debt may be brought for Money adjudged to be paid by Arbitrators,
declaring on the Award; and alſo Action of Debt upon the Bond for not per-
forming the Award.
8 Rep. 98. When there is but one Arbitrator, which happens where the Matter is re-
ferred
to two, or they cannot agree, but leave it to be determined by a third
Perſon, it is
it is called an Umpirage.ainel pla
But the Arbitrators are to refuſe, and declare they will make no Award ! be-
.
the
make no Award.
i Mod. Rep.
It is faid an
Umpirage cannot be made till the Arbitrator's Time is out, and if
any other Power be given to the Umpire, it is not good, for two Perſons cannot
have a feveral Juriſdiction at one Time.
But this ſeems to be contradicted by the Practice aforementioned, of nomi-
nating three Arbitrators in the Bond, except the Diſtinction conſiſts in Sounds
only, as neither of the three is termed an Umpire
An Arbitration is generally an Effe&t of Moderation in the contending Parties,
who think it more ſafe to refer the Matter in Diſpute to the Determination of
than to venture a Trial at Law, more eſpecially as the one is coſtly,
and the other tranſacted gratis ; and although there is no particular Obligation
to oblige Parties in England to refer their Differences to Arbitrators, as is the
France, yet our Statutes recommend theſe References to the Sub-
jects, and more particularly to Merchants and Traders, as an uſeful Expedient
to end their Diſputes with the greater Eaſe and Expedition. u
The Civilians make a
make a Difference between Arbiter and Arbitrators an Arbiter
being tied to proceed and judge according to Law, mingled with Equity ; but
an Arbitrator is wholly at his own Diſcretion, without Solemnity of Proceſs,
or Courſe of Judgement, to hear and determine the Controverſy referred to
him, ſo as it be Juxta Arbitrium boni Viri. autorent noietid: A 120
Arbitrators ſhould give their Award without entering into Particulars, or
afligning their Reaſons for it, as this might expoſe them to a Chancery Suit
from a diſſatisfied Party, and it lould be in Writing, and within the Time
limited by the Arbitration Bonds. laro
soorten 1
There ſhould be appointed by the Award, fome reciprocal Act, to be done
by each Party to the other, which the Law requireth to be quid pro quo, al-
though it be never ſo ſmall, and reciprocal Acquittances ſhould be directed,
either general or particular ones, according as the Nature of the Deciſion thall
require. woninen viste polnog bus most instancinio ansistih iont
1 The Arbitrators are not to award any Thing, whereby any, Mattér, already
determined by a Decree in Chancery, or a Judgement at Common Law, or any
Sentence judicially given in the Cauſe, be infringed or meddled with, for Sens
tences of judicial Courts of Record are always of a higher Nature-than Arbi-
trator's Awards, and juſtly challenge both Obedience and Reſpect; though
Civilians themſelves do frequently call Merchants in to their Aflijſtance, when
of a mercantile Point to a Trader, after they have long and curiouſly
debated it, out bringing it to a Concluſion. I:Io e em 18 1759 bois etti:
& Rep.98.
is
ARBITRAMENT (in Latin Arbitrium) is the Sentence or Determination,
pronounced by Arbitrators, and publiſhed when they have heard all Parties,
and this is either general, of Actions, Demands, Quarrels, &c. or special, of
fome certain Matters in Controverſy, it may be alſo abſolute or conditional. 2
To every Arbitrament, five Things are incident, viz. Firſt, Matter of Con
. AndFifthly, up Arbitrament.eu
Arbitrators

Cuſtom in
Cowel.
without
Hard. 44.
1071
2
OF A R BIT RATORS, &c.
343

themſelves, a
S. 1.
Arbitrators cannot refer Arbitraments to others, if the Subiniſſion be not fo, Jenk. Cent.
but an Arbitránent that one ſhall releaſe to another, by Advice of a certain 129.
Perſon, this is good, becauſe it is a Reference only for the Execution of it.
Submiſſions to Arbitraments are uſually by Bond, and the Parties who bind Danv. Abr.
are obliged to take Notice of the Awad, at their Peril; but 5'3:
9 Rep. 78.
Things relating to a Freehold, Debts due on Bond, or on certain Contract, i Roll. Abr.
Criminal Offences, &c. are not årbitrableli ti uod isn't bindsats ifryd 244, 342.
For ending Suits by Arbitrament, the following Act is the only one made in
any late Reign, viz.
debida
After the 1sth of May 1698, all Merchants and Traders, and others, defir- 9 and 10 W.
ing to end any Controverſy, Suit, or Quarrel (for which there is no other ill. C. 15.
Remedy, but by a perſonal Action or Suit in Equity) by Arbitrament, may
agree, that their Submiſſion of the Suit to the Award, or Umpirage, of any
Perſon or Perſons, ſhall be made a Rule of any of his Majeſty's Courts of
Record, which the Parties ſhall chuſe, and may infert fuch their Agreement
in their Submiſſion, or the Condition of the Bond of Promiſe; and upon pro-
ducing an Affidavit of ſuch Agreement, and upon reading and filing ſuch
Affidavit in the Court ſo choſen, the ſame may be entered of Record in ſuch
Court, and a Rule of Court ſhall be thereupon made that the Parties ſhall ſub-
mit to, and finally be concluded by ſuch Arbitration or Umpirage . And in
Caſe of Diſobedience thereto, the Party neglecting, or refuſing, Thall be ſub-
ject to all the Penalties of contemning a Rule of Court, and Proceſs ſhall iſſue
accordingly, which hall not be ſtopped or delayed by any Order, &c. of any
other Court, either of Law or Equity, unleſs it appear on Oath, that the Ar-
bitrators or Umpire miſbehaved themſelves, and that ſuch Award was corruptly
or unduly procured.
Any Arbitration or Umpirage, procured by Corruption or undue Means, thall s. 2.
be void, and ſet aſide by any Court of Law or Equity, ſo as ſuch Corruption or
undue Practice be complained of, in the Court where the Rule is made for ſuch
Arbitration, before the laſt Day of the next Term, after ſuch Arbitration made
and publiſhed to the Parties to shared benoitanavods buy odto nos).
In Conſequence of this Statute, it is now become a confiderable Part of the
Buſineſs of the fuperior Courts, to ſet aſide fuch Awards as are partially or ille-
gally made; or to enforce their Execution when legal, by the ſame Proceſs of
Contempt, as is awarded for Diſobedience to ſuch Rules and Orders as are
iffued by the Courts themfelves. Blackſtone's Comment. Vol. III.3 10 -
bologtoi ei comod brause nur belle co con bas ixtiroiluf oddaa suorisin
An ARBITRATION Bond. do adoeba to.
/
1
KN
NOW ALL MEN by theſe Preſents, that I A. B. of the Pariſh, &c. in Jout
the County, &c. Merchant, am held and firmly obliged to C. D. of, &c.
in the County aforeſaid, Eſqs ins Pounds of good and lawful Money of
Great Britain, to be paid to the ſaid .C. D. or his certain Attorney, his Ex-
ecutors, Adminiftrators; cor i Affighs, to which Payment, well and truly to be
made, I oblige myſelf, my Heirs, Executors, and Adminiſtrators, firmly by
theſe Preſents, fealed with my Seal, dated at troifiat on the nitro
Day of
in the Twenty-fourth Year of the Reign of our Sovereign Lord King
George II. and in the Year of our Lord God, one Thouſand ſeven Hundred
and Afty-one.
03 sudut Ishte tip to
The Condition of this Obligation is ſuch, that if the above bound A. B. his
Heirs, Executors, and Adminiſtrators, for his and their Parts, and Behalfs, do
in all Things well and truly ſtand to, obey, abide by, perform, fulfil, and keep
the Award, Order, Arbitrament, final Énd, and Determination of E. F. and
G. H. Arbitrators indifferently named, elected, and choſen, as well
on the Part and Behalf of the above bounden A, B. as of the above to
named G. D. to arbitrate, award, order, judge, and determine of, and con-
cerning all, and all Manner of Action and Actions, Cauſe and Cauſes of
Actions, Suits, Bills, Bonds, Specialties, Judgements, Executions, Extents,
Quarrels Controverſies, Treſpaſſes, Damages, and Demands whatſoever, at
any
1
344
OF ARBITRATORS, Esc.
any Time or Times, heretofore had, made, moved, brought, commenced,
ſued, profecuted, done, ſuffered, committed, or depending, by or between
the ſaid Parties, ſo as the ſaid Award be made, and given up in Writing, under
their Hands and Seals, ready to be delivered to the ſaid Parties, on or before
the
next enſuing the Date abovementioned : But if the ſaid
Arbitrators do not make ſuch their Award of, and concerning the Premiſſes,
by the Time aforeſaid, that then if the faid A. B. his Heirs, Executors, and
Adminiſtrators, for his and their Part and Behalf, do in all Things well and
truly ſtand to, obey, abide by, perform, fulfil and keep the Award, Order,
Arbitrament, Umpirage, final End, and Determination of 7. K. Umpire,
indifferently choſen between the ſaid Parties, of, and concerning the Premiſes,
ſo as the ſaid Umpirage do make his Award or Umpirage of, and concerning the
Premiſes, and deliver the fame in Writing under his Hand and Seal, to the ſaid
Parties, on or before the 10. Such next enſuing the Date above-
ſaid, then this Obligation to be void, or otherwiſe to be, and remain in full
Force and Virtue.
A. B.
Signed, ſealed, and delivered a
in the Preſence of
Note, if there is no Umpire, the latter Part
T L. M.
muſt be omitted, viz. from, but if the
- rest od N. 0. uita
faid Arbitrators, &c. oderia
Though I have before obſerved, it is
now cuſtomary to chuſe three Arbitra-
motors, and have them nominated in the
Bonds. i bisodis
i Danv. Abr.
515
The aforefaid Bond muſt be mutual between the Parties, and the following
Clauſe may be added at the End of the Condition, as the Agreement mentioned
in the preceding Act of Parliament, viz.
ob And the abovementioned A. B. doth agree and defire, that this his Submif-
ſion to the Award abovementioned, be made a Rule of his Majeſty's Court of
King's Bench (or any other Court of Record) purſuant to the late Act of Parlia-
ment for this purpoſe provided, and the like for the other Party ſubmitting to
fucb Award.
AWARD is the Judgement and Arbitration of one or more Perſons, at the Re-
queſt of two Parties who are at Variance, for ending the Matter in Diſpute,
without public Authority; and may be called an Award, becauſe it is impoſed
Spelm.
on both Parties to be obſerved by them Diktum, quod ad Cuſtodiendum, feu ob-
ſervandum, Partibus imponitur.
An Award may be by Word or in Writing, but it is uſually given in the
latter, and muſt be exactly according to the Submiſſion. If an Award be ae-
cording to the Submiſſion by Bond, though it is void in Law, if it be not ob-
ſerved, the Obligation will be forfeited. bid era at biss o
Where Arbitrators award a Thing againſt Law, it is void; if more is awarded
than ſubmitted, the Award will be void; but when an Award ſeems to extend
to more than in the Submiſſion, the Words de & ſuper præmißis; reſtrain it
to the Thing ſubmitted. o lo poils to
10 Rep. 31. An Award may be void in fome Part, and good in another Part, if it makes
2 Saund. 293. an End of all the Differences ſubmitted ; and if an Award be good in Part,
and void in Part, the good Thall be performed. gildo id lo sois bo
An Award without a Deed of Submiſſion will be good, bar of a Treſpaſs.
But the Delivery of the Award in Writing, under Hand and Seal, &c. muſt
2002-77-78, be pleaded, and be exactly replied to by the Plaintiff, in A&ion of Debt on an
Award, or it will be ill on Demurreren
10 Rep. 131. - The Submiſſion to an Award may be by Bond, Covenant, or by an Afumpfit
Dyer, 270.
or Promiſe, or without all this, by a bare Agreement, to refer the Matter to
ſuch a perſon or Perſons.
A TO MI lehess
Plowl. 189. A Huſband may ſubmit to an Award, for himſelf and his Wife, for her
Goods and Chattles, to bind her; but an Infant may not make any Submiſſion
to an Award, or any other for him, for it will be void.


Cro. Eliz,
861.

Danv. 548.
Dyer, 243.
If
OF ARBITRATORS, &c.
345
Hob.
49.
If ſeveral Perſons do a Wrong to a Man, and one of theſe, and he to whom 7 H. IV. 31.
the Wrong is done, ſubmit to an Award; the other Perſons, who were no Par-
ties to the Submiſſion, may take Advantage of it, to extinguiſh the Wrong.
And where the Award of Recompence for a Wrong done is performed, that Dyer 183.
W Vrong is altogether determined; alſo the Award of a perſonal Chattel doth
alter the Property of it, and give it to the Party to whom awarded, that he may
have Detinue for it.
A Submiſſion is of all Actions and Demands, &c. though there be but one Dyer 216.
Cauſe or Matter between them; an Award may be made for this: And where 2 Cro. 139,
. 146.
two Things are ſubmitted, 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 Clauſe of all other Matters, in that Cafe they
muſt make the Award for the Things particularly named, without any
other
Notice given.
If the Submiffion be by diverſe Perſons, and the Arbitrators award between 8 Rep. 79:
ſome of them only, this is good, but if a Submiſſion is of certain Things in
Special, with a Proviſo in the Condition, that the Award be made of the
Premiſſes, &c. by ſuch a Day, there the Award muſt be made of all, or it
will be void.
An Award of all Actions, Real, when the Submiſſion is of Actions Perſonal, Plowd. 306.
10 Rep. 132.
is not good.
Yet if the Submiſſion be of Things Perſonal, and the Award is, that one of Dyer 216.
the Parties ſhall do an Act Real, in Satisfaction of a perſonal Jury, &c. or a
Submiſſion be of one Thing, and the Award made of ſomething incident to, or
neceſſarily depending upon it; or if the Submiſſion is of all Actions real and
perſonal, and the Award only of Matters perſonal, &c. it will be good in theſe
Caſes, if nothing elſe is notified to the Arbitrators.
An Award made only on one side, without any Thing on the other, is void 8 Rep. 72.
in Law; as that one ſhall pay or give Bond for Money to the other Party, and 98.
he do nothing for it; but if it be to give Bond to pay, or to pay a Debt, and
that the other ſhall be diſcharged of the Debt, &c. this is good; ſo where it is
that one Party ſhall pay Money to the other, and then the other ſhall releaſe all
Actions to him.
If diverſe Treſpaſſes be referred to Arbitrament, and the Award is, that one 5 Rep.March
of the Parties ſhåll make the other Parties Amends, or give a Releaſe, and ſay
not what Amends, or what Releaſe, &c. it is void for Uncertainty.
Award was, that each Party ſhould give to the other a general Releaſe of all 1 Cro. 688.
Demands, provided, that if either of them diſlike the Award, within twenty
Days after made, and within that Time pay 1os. the Arbitrament to be void;
it was held, that the firſt Part of the Award was good, and the Proviſo repug-
nant and void.
Arbitrators are to make their Award Secundum allegata & probata (according 4 Rep. 82.
to what is alledged and proved) but they may not enjoin any Oath to the Wit- Brorunl. 311.
neſſes; the Award ought to be publiſhed ; and no one is bound to perform,
till he can know what the Award is.
A Submiſſion to Award may be revoked and countermanded before the Award 8 Rep. 78.
made, where there is no Specialty to abide the Award of J. S. &c.
A Submiſſion was to an Award by Bond, and at the End of the Condition of Salk. 72.
the Bond was this Clauſe; and if the Obliger ſhall conſent that this Submiſion
Mall be made a Rule of Court, that then, &c. upon Motion to make this Sub-
miſſion a Rule of Court, it was oppoſed, becauſe theſe Words do not imply his
Conſent; but if he would forfeit his Bond, he need not let it be made a Rule
of Court; yet becauſe this Clauſe could be inſerted for no other Purpoſe, the
Court took the conditional Words to be a ſufficient Indication of Conſent, and
made the Award a Rule of Court.
A Matter was referred, by Conſent of Nih Prius, to the three Foremen Salk. 73.
of the Jury; and before the Award was made, one of the Parties ſerved Pl. 10,
Farreſley, 8.
the Arbitrators with Subpæna out of Chancery, which hindered their Pro-
ceedings to make the Award. And the Court held this a Breach of the
Rule, and granted an Attachment Nifi Caufa.
Upon

18.
81.
Pl. 8.
4 T
346
OF ARBITRATORS, Esc.
Salk, 73
Pl. II.
Salk. 73.
Pl. 12.
Upon a Submiſſion to the Award of the three Foremen of the Jury, who
made their Award, the Defendant moved to ſet it aſide; becauſe they went on
without giving him Time to be heard, or to produce a Witneſs; and Holt,
Chief Juſtice, ſaid, the Arbitrators being Judges of the Party's own chuſing,
the Party ſhall not come and ſay, they have done him Juſtice; and put the
Court to examine its Aliter, where they exceed their Authority; however the
Award was examined and confirmed, and the Plaintiff moved foran Attachment
for not performing it; and the Court held, that the Non-performance, while
the Matter was ſub Judice, was no Contempt; then the Plaintiff moved for
his Coſts, and that was denied ; upon which Powel, Juſtice, faid, that ſeeing
they could not give the Party any Coſts, he ſhould never be for examining into
Awards again.
H. bound himſelf in a Bond, to ftand to the Award of I. S. which Submiſſion
was made a Rule of Court. The Party, for whoſe Benefit the Award was made,
moved the Court for an Attachment of Non-performance, which was granted ;
pending that, he brought an Action of Debt upon the Bond; upon this Serjeant
Darnell moved, that he might not proceed both Ways, and likened it to the
Caſes, where the Court ſtays Actions on Attornies Bills, while the Matter is
under Reference before the Maſter, ſed per Curiam. The Motion was denied,
and this Difference taken; where the Court relieves the Party by Way of
Amends in a ſummary Way, as in the Caſe cited, there it is reaſonable; other-
wiſe here, where the plaintiff has no Satisfaction upon the Attachment, and
the Defendant was put to anſwer Interrogatories.
Attachment lies not, for not performing an Award made upon a Rule of
Court without a perſonal Demand. Holt, Chief Juſtice, remembered the firſt
Attachment of this kind was in Sir John Humble's Caſe in Keyling's Time, in
which, and ever ſince, a perſonal Demand has been thought neceſſary. In
ſuch Caſes of Awards, though they be not legally good, an Attachment lies
for Non-performance ; Aliter, if impoſſible; but the Party is excuſed as to that
Part which is impoſſible only.
Debt, an Obligation to perform an Award, which, was, that the Defendant
ſhould enjoy a Houſe, of which the Plaintiff was Lefſee for Years, dur-
ing the Term, paying to the Plaintiff 205. yearly; and for Non-payment of
this, the Action was brought; and it was held to lie.

Salk. 87.
Pl. 1.
i Cro. 211.
The Form of an Award made by two Arbitrators on a Submiffion.
TO ALL PEOPLE to whom this preſent Writing indented of Award fhall
come. We E. F. of &c. and G. H. of &c. fend greeting. Whereas there
are ſeveral Accounts depending, and diverſe Controverſies and Diſputes have
lately ariſen between A. B. of &c. of the one Part, and C. D. of &c. of the
other Part, touching and concerning, &c. And whereas for putting an End
to the faid Differences and Diſputes, they the ſaid A. B. and C. D. by their
ſeveral Bonds or Obligations, bearing Date, &c. are reciprocally bound each
to the other, in the penal Sum
of, &c. to ſtand, to abide, perform, and keep
the Award, Order, and final Determination of us, the ſaid E. F. and G. H.
Arbitrators, indifferently choſen, between the ſaid Parties, to arbitrate, &c.
(as in the Bond) ſo as the faid Award be made in Writing, under our Hands
and Seals, and ready to be delivered to the Parties in Difference, on or before,
&c. next, as by the faid in Párt recited Bonds, or Obligations, with the Condi-
tions thereunder written, may appear. Now, know ye, that we the ſaid Arbitrators,
whoſe Names are hereunto fubfcribed, and Seals affixed, taking upon us the
Burden of the faid Award, and having fully examined, and duly conſidered
the Proofs and Allegations of both the
ſaid Parties, do, for the ſectling Amity
and Friendſhip between them, make and publiſh this our Award, by and between
the ſaid Parties, in Manner following ; that is to ſay, firſt, We do award and
order, that all A&tions, Suits, Quarrels, and Controverſies whatſoever had,
moved, ariſen, or depending between the ſaid Parties, in Law or Equity, for
any Manner of Cauſe whatſoever, touching the ſaid Premiſſes, to the Day of
the Date hereof, ſhall ceaſe and be no farther proſecuted; and that each of the

faid
OF ARBITRATORS, &c.
347
ſaid Parties ſhall bear and pay his own Coſts and Charges, in any wiſe relating
to, or concerning the ſaid Premiſes; and we do alſo award and order, that the
ſaid A. B. ſhall pay, or cauſe to be paid to the ſaid C. D. the Sum of, &c.
within the Space of, &c. And further, we do hereby award and order, that
the ſaid C. D. Ahall, on or before, &c. pay or cauſe to be paid to the ſaid A. B.
the Sum of &c. or give ſufficient Security for the ſame to the ſaid A. B. And
laftly, we do award and order, that the ſaid A. B. and C. D. on the Receipt of
the ſeveral Sums of, &c. ſhall in due Form of Law, execute each to the other
of them, or to the other's Uſe, general Releaſes, ſufficient in Law, for the
Releaſing, by each to the other of them, his Heirs, Executors, and Admi-
niſtrators, of all Actions, Suits, Arreſts, Quarrels, Controverſies, and De-
mands whatſoever, touching or concerning the Premiſes aforeſaid, or any Mat-
ter or Thing thereunto relating, from the Beginning of the World to the Day
of the Date, &c. (here mention the Date of the Arbitration Bonds) laſt paſt.
In Witneſs whereof we have bereunto. ſet our Hands and Seals, the &c. in the
Fear, &c.
An Umpirage, for Want of a Determination by Arbitrators chofen.
O ALL,
&c. I, I. K. of, &c. ſend greeting. Whereas there are ſeveral Ac-
counts depending, &c. (here go on as in the former Award, until you come
to) to ſtand to, &c. the Award, Order, and final Determination of E. F. of,
&c. and G. H. of, &c. Arbitrators indifferently choſen, between the ſaid Parties,
to arbitrate, &c. (as in Condition of the Bonds) ſo as the ſaid Award was made
in Writing, under the Hands and Seals of the ſaid Arbitrators, and ready to be
delivered to the Parties in Difference, on or before, &c. laſt paſt; and if the
faid Arbitrators did not draw up the faid Award in Writing, and deliver the
fame as aforeſaid, on or before the ſaid, &c. then the ſaid Parties were to ſtand
to, abide, obferve, perform and keep the Award, Umpirage, final End and
Judgement of me, the ſaid I. K. Umpire indifferently chofen, between the ſaid
Parties, for the compoſing and ending of Differences aforeſaid ; fo as my faid
Award, Umpirage, and Determination be made in Writing, under
my
Hand
and Seal, and ready to be delivered to the ſaid Parties, on or before, &c. as by
the ſaid in Part recited Bonds or Obligations, with the Conditions thereunder
written, may appear. And whereas the ſaid E. F. and G. H. did not make
up their faid Award between the ſaid Parties, within the Time limited by the
ſaid in Part recited Bonds or Obligations, as aforeſaid ; whereby, on which
Account, the compafling, ending, and determining of the ſaid Differences
and Matters in Diſpute now depends wholly upon me. Now, KNOW YE, that
I, the ſaid I. K. having taken upon me, the Buſineſs and Charge of the ſaid
Award and Umpirage, and being willing to ſet the ſaid Parties at Peace and
Concord, by making a final End of the Controverſies between them; and have
ing deliberately, and at large, heard, examined, and duly confidered the
Grievances, Allegations, Titles, Vouchers, and Evidences of both the ſaid
Parties, in Relation to the ſaid Premiſes in Diſpute, do make, publiſh, and de-
clare, and deliver this my Award or Umpirage, in the Manner following, that
is to ſay, Firſt, I arbitrate, award, judge, order, and determine, that, &c.
(bere infert the feveral Particulars of the Award) in Witneſs, &c.
An Award or Umpirage by a pngle Perſon, elected to arbitrate.
TO ALL, &c. I, E.of
, &c. ſend greeting ; Whereas, &c.
(Here go on
as in the Award made by two Arbitrators, until you come to, ſtand to &c.)
the Award, Order, and final Determination of me the ſaid E. F. indifferently
elected and choſen between the ſaid Parties, to arbitrate, &c. (as in the Con-
ditions of the Band) ſo as my faid Award or Umpirage be made in Writing
under
my Hand and Seal, and ready to be delivered to the ſaid Parties, on or
before, &c. as in and by the ſaid in Part recited Bonds, or Obligations, and
the Conditions thereof, may appear. Now, know ye, that I, the ſaid E. F.
(bere go on as in the laſt Precedent) in Witneſs, &c.



I
The
348
OF ARBITRATORS, &c.
The Form of a Submiſion to an Arbitration, in order to make it a Rule of Court.
BE
remembered, that A. B. of, &c. and C. D. of, &c. being deſirous
finally to end and determine diverſe Controverſies, Suits, and Quarrels that
have lately ariſen between them, did on, &c. agree to ſubmit and refer all the
ſaid Controverſies, Suits, and Quarrels, to the Award and Determination of
E. F. of, &c. and G. H. of, &c. Arbitrators, for that End indifferently choſen,
by the ſaid Parties ; which ſaid Award is to be made in Writing, under the
Hands and Seals of the ſaid Arbitrators, and ready to be delivered to the ſaid
Parties, on or before, &c. And the ſaid Parties did mutually promiſe and
oblige themfelves, that they would obey, perform, and execute ſuch Award, as
the ſaid Arbitrators ſhould make in the Premiſes. Now the faid Parties do fur-
ther agree, that the ſaid Submiſſion ſhall be made a Rule in his Majeſty's Court
of, &c. at Weſtminſter, and that they will be finally concluded by the Arbitra-
tion that ſhall be made in the Premiſes by the ſaid Arbitrators, purſuant to
ſuch Submiſſion. Witneſs, &c.

I ſhall add to the preceding Specimens, the Form of a general Releaſe as
Part of an Award ; and with it cloſe this Chapter.
,
and for ever quit-claimed, and by theſe Preſents, do, for me, my Heirs,
Executors, and Adminiſtrators, remiſe, releaſe, and for ever quit-claim, unto
C. D. his Heirs, Executors, and Adminiſtrators, all, and all Manner of
Actions, Cauſe and Cauſes of Actions, Bills, Bonds, Writings, Obliga-
tions, Debts, Dues, Duties, Accounts, Sum and Sums of Money, Judgements,
Executions, Extents, Quarrels, Controverſies, Treſpaſſes, Damages and De-
mands whatſoever, both in Law or Equity, or otherwiſe howſoever, which
againſt the ſaid C. D. I ever had, now have, and which I, my Heirs, Execu-
tors, and Adminiſtrators fhall or may have, claim, challenge, or demand, for
or by Reaſon, or Means of any Matter, Cauſe, or Thing, from the Beginning
of the World to the Day of the Date of theſe Preſents. In Witneſs whereof, I
have hereunto put my Hand and Seal, the
Day of, &c.
A. B.
Sealed and delivered in the
Preſence of
R. M.
S. E.
25 Edw. III.
C, 2.
7 Rep.
Of Aliens, Naturalization, and Denization. .
the
King, being quite contrary to a Denizen or natural Subject; though a
Man born out of the Land, provided the Place of his Nativity be in any of his
Majeſty's Dominions beyond Sea, or born of Engliſh Parents, out of the Obe-
dience of the King, if the Parents at the Time of his Birth were of ſuch Obe-
dience, is no Alien.
And if one born out of the King's Obedience, come and reſide in England,
his Children begotten and born here, are not Aliens, but Denizens.
All Perſons, being the King's natural born Subjects, may inherit, as Heirs,
though their Anceſtors were Aliens.
If an Ambaſſador, or any other Britiſh Miniſter, or Perſon inveſted with any
public Character, under a Commiſſion from the King of Great Britain, or of a
Commercial Company, enjoying Rights and Privileges under an Act of Parlia-
ment, or by Letters Patent from the Crowi, have any Children in a foreign
Country, by a Wife, who is an Engliſh Woman, they are by the Common Law
natural born Subjects, and not Aliens.
And

u and 12
Will, III.
c. 6.
2
i
OF A L I EN S, &c.
349

March
91.
&c.
2 Inft.
Eliz. Sir
Dun James Crofts's
And if an Engliſh Merchant, reſiding beyond Sea, marries a Woman of the Cro.Car.605.
Country, by whom he has a Child, and then dies, this Child is born a Denizen,
and ſhall be Heir to him, notwithſtanding the Wife be an Alien.
Thoſe which are born in the Engliſh Plantations, are Subjects born, as are Danv. Abr.
thoſe likewiſe born on the King of England's Seas.
110324.
There are two Incidents that are regularly neceſſary to make one a Subject 7. Rep. 18:
born: Firſt, that his parents, at the Time of his Birth, be under the actual
Obedience of the King; sor, Secondly, that the Place of his Birth be within
the King's Dominions i ha desbadené pod sd) noietto i lo fuo fon ei sat
It is the Place of Birth that makes the Diſability of an Alien to have Lands, Cro.Jac.539:
the Blood is not the Diſability, but the Place where born. tedt ni
An Alien can hold no Land by Deſcent or Purchaſe, or be Tenant by the 5 Rep. 502.
Courteſy, or in Dower.
is tocs Sd Dano)
An Alien may purchaſe a Houſe for Years, for an Habitation during his Re- 7 Rep. 18.
hidency, neceſſary for his Trade (though not Lands) and if he, being a Mer-; Inf 2-129.
chant, leaves the Realm, the King ſhall have the Leaſe; and if he dies here
poſſeſſed thereof, his Executors, or Adminiſtrators, ſhall not have it, but the
King, he having it only as a Habitation for his Trade; and if an Alien be no
Merchant, the King ſhall have his Leaſe for Years, though it were for his
Habitation.
agitt diseid
The Law is the ſame, if he takes a Leaſe of Meadows, Lands, Woods - or Pafch. 29.
: Paſtures; the King Thall have the ſame, for the Law provides him nothing but
an Habitation, to trade and traffick in as a Merchant.
An Alien can have no real or perſonal Action for, or concerning Lands, Te- Judges
.
nements, or Hereditaments, to him and his Heirs; albeit he can have no Heir, 1 Int. 2. -
yet he is of Capacity to take a Fee Simple, but not to hold; for the King upon
Ofice found ſhall have it by his Prerogative.q, 1949tá gibbin, ada bais positi
A Deviſe of Lands to an Alien is void.
bis orisvse let odio & 4 . 82
. 4 Leon, 8a.
And if a Man be bound to an Alien Enemy in an Obligation, the Bond is 1 Lev.59.
void to him, but the King will have it. des rapuivi som bb15991
Aliens may obtain Goods, and perſonal Eſtate, by Trade, &c. and may main- i Bulf. 134.
tain Actions ifor the ſame; they may alſo have Action of Aſſault and Battery,
and for Support of their Credit. så er jo i to ison 2 i virida 1911
3 But they cannot bring any real Action, unleſs it ibe for a Houſe; ifor a né- 7 Rep.
ceſſary Habitation, being for the Benefit of Trader to noistab sinto
And an Alien Enemy cannot maintain any Action whatſoever, nor get any Terms de Ley
Thing lawfully within this Realm.
Aliens, living under the Protection of the King, may have the Benefit of a Hob. 271.
general Pardon.
No Alien ſhall be returned on any Jury, nor be ſworn for Trial of iſſues be- 2. Inftit. 17,
tween Subject and Subject, &c. butt where an Alien is Party in a Cauſe de-
pending, the Inqueſt of Jurors are to be half Denizens, and half Aliens; but
in Caſes of High Treaſon this is not allowed.
An Alien ſhall not have any Vote in the Choice of Knights of the Shire, or Hob. 270.
Burgeſſes to Parliament. i odsto od to
sign
And all Aliens are incapable of being Members of Parliament, enjoying 12 Will. III.
Offices, &c.
codsoud 9ti 300
siba eina be
If an Action is brought againft an Alien, and there is a Verdict and Judge- 1 Brown!.42.
ment againſt him, yet he may bring a Writ of Error, and be plaintiff there,
and that ſuch Plea is not good in that Caſe.
Though an Alien may purchaſe and take that which he cannot keep or retain, Goldſbour.fol.
yet the Law hath provided a Mean of Enquiry before he can be diveſted of the
fame, for until ſome Office be found, the Freehold is in him. nod orli mo Part. Page's
.
And this Office, which is to gain the King a Fee, or Freehold, muſt be un- Cafe, fol. 52.
der the Great Seal of England, for a Commiſſion under the Exchequer Seal is Moore, 4.
not ſufficient to entitle the King to the Lands of an Alien born, for the Com Walton, ver.
Мајһит.
miſſion is what gives the King a Title, for before that he hath none.
Dyer, 282.
An Alien cannot purchaſe Lands for his own Benefit, but he may for that of Luca's Rep.
the Crown; therefore if Land be deviſed to an Alien, the Crown thall have it, 93, 94, 120,
4 U lichid doonovdiyet 136.

Danv. Abr.
322.
36.

C. 2.
29.
Mich. 30
Éliz. Coke 5.
122, 124,
350
OF A L I ENS, &c.

verſe, 32.
13 and 14
Car. II.C.ll.
S. 10,
15
14 and
H.
282.
.
yet if an Alieni, Tenant in Tail, ſuffers a common Recovery before Office found,
1 Savall the Recovery is good.
Susebiido santi all mouw vd Yuevo
3 .
Cro. 123.
If an Alien and a Subject born, purchaſe Lands to them and their Heirs, they
Plowd. Com
are Joint Tenants, and ſhall join in Aflize, and the Survivor ſhall hold Place
477
till Office found.
tid at no nod stolt out
Brim By the finding of this Office, the Party is out of Poffeflion, if the fame be
of Houſe or Lands, or ſuch Things as do lies in a Livery ; but of Rents, Com-
mon, Advowſons, and other Inheritances incorporeal, which lie in Grant, the
Alien is not out of Poſſeſſion (be they Appendant or in Groſs) therefore if an
Information or an Action be brought for the ſame, the Party may reverſe the
Office in that Court where the Action or Information is brought for the King.
* 29 Aſize; And if the King obtains not the Poſſeſſion within the Year after the Office
Alize Tra: found, he cannot ſeize * without a Scire Facias.
An Alien Infant, under the Age of twenty-one Years, cannot be a Merchant
Trader within this Realm, nor can he enter any Goods in his own Name at
If an Engliſhman ſhall go beyond Sea, and ſhall there ſwear Allegiance to any
VIII. C. 4.
foreign Prince or State, he Thall be eſteemed an Alien, and ſhall pay the ſame
Duties as they; but, if he returns and lives in England, he thall be reſtored to
his Liberties.
Lord Raym.:04
An Alien Enemy commorant here by, the King's Licence, and under his
Protection, may maintain Debt upon Bond, although he came not with ſafe
Conduct.
Cro.fac:532. The eldeſt Son of an Alien (being alſo an Alien) cannot inherit, but the
Dii and St; Land ſhall deſcend to the younger Brother, if a Denizen ; as for inſtance, if
Di. 1. C.7. there be three Brothers, of which the eldeft is an Alien, the other two natu-
ralized, and the middle Brother purchaſes and dies without Iſſue, the younger
Brother ſhall have the Land.
aban to
ei Concerning the Rule of Deſcent, a Proximity of Blood is not ſo much to be
regarded as the Municipal Laws of the Country in which the Queſtion ariſeth,
for the ſeveral Laws of diverſe Kingdoms have variouſly diſpoſed the Manner of
Deſcents, even in the ſame Line and Degree of Nearneſs; for Inſtance, the
Father certainly is as near of Kin to the Son, as the Son is to the Father, and
.eas is nearer in Proximity than a Brother, and therefore Thall be preferred as next
of Kin in Adminiſtration of the Son's Eſtate.I oro 10
Lit. S. 3397 y. According to the Laws of England, the Son's dying without Iſſue, or Bro.
thers or Siſters, the Father cannot fucceed, but it deſcends to the Uncle.
There are two kinds of Deſcent, according to the common Law of this
Realm, viz.
chan , -14)។
Haley's Hif-
sitt. Lineal, from the Father, or Grandfather to the Son, or Grandſonz land
tory of the
2dly, Collateral or Tranfverfed; as from Brother to Siſter, Uncle to Nephew,
and e converſo: And both theſe again are of two Sorts. stupalu
Ift. Immediate, as in Lineals, from Father to Son.fo
Grot. de Jure 2dly, Mediate, as in Lineals, from Grandfather to Grandchild; where the
Belli ac Pac. Father dying in the Life-time of the Grandfather, is the Medium Differens of
b. 2. C. 7:
the Deſcent, Collateral, as in the Lineal, from Uncle to Nephew, ore
converſo.
And this mediate Deſcent, or mediate Anceſtor, though to many Purpoſes
it may be immediate ; for the Father'dying in the Life-time of the Grandfather,
the Son ſucceeds in Point of Deſcent in the Lands immediately to the Grand-
father; and in Writ of Entry ſhall be ſuppoſed to be in the Grandfather, and
not in the poſt & cui. I b
This is a called a mediate Deſcent, becauſe the Father is the Medium through
whom the Son derives his Title to the Grandfather. O
ra
In Immediate Deſcents there can be no Impediment, but what ariſes in the
Parties themſelves; for Inſtance, the Father ſeized of Lands, the Impediment
that hinders the Deſcent muſt be in the Father or Son, as if either of them be
an Alien.
Canet of son, as it
In Mediate Deſcents, the Diſability of being an Alien, in him that is called
the Medius Anteceſſor, will diſable a Perſon to take by Defcent, though he
himſelf have no ſuch Diſability.


1 Inft. 1o.
Law. C. 1.

5
In
0 F ALI E NS, c.
351
-

incapable,
abun 10
have not Medii
Caroon Cafe
in Com. Ban.
1) In Lineal Deſcents, if the Father be an Alien, and hath Iſſue a Denizen born,
and die in the Life-time of the Grandfather; the Grandfather dies ſeized, the
Son ſhall not take, but the Land ſhall efcheat. 1
wo
li as pelo
In Collateral Deſcents, A. and B. Brothers: A. is an Alien, and has Iſſue Dyer, 274.
C. a Denizen born; B. purchaſes Lands, and dies without Iflue; C. ſhall not Gray's Care.
inherit, becauſe A. which was the Medius Anteceffor, or Medium Differens, is
Und Ung sa gasita
But in any Deſcents, the Impediment in an Anceſtor, who is not Medius An-
teceſor, from whom, and to whom, will not impede the Deſcent. 101
As for Inſtance; the Grandfather and Grandmother, being both Aliens, have Courtney's
Iſſue, the Father, a Denizen, who hath Iſſue the Son, a natural-born Subject : Corm. Pleas.
the Father purchaſes Lands, and dies, the Son ſhall be Heir to the Father, Coron. Fol.
notwithſtanding the Diſability of the Grandfather and yet all the Blood that 141.
the Father hath is derived from the diſabled Parents) for they are
Anteceffores, between the Father and the Son, but paramount.
The Law does not hinder, but that an Alien is of the fame Degree and Re-Crook! Car.8.
lation of Confanguinity, as natural-born Subjects, or Denizens born,
the Son, 9:
the Father, and Brother, though Aliens ; the Son, Father, and Brother, our
Law takes Notice of as well as natural born Subjects; and ſo it was adjudged,
for he ſhall be preferred in Adminiſtration, though an Alien, as next of Kin.
But in caſes of Inheritance, the Law takes no Notice of him, aſid therefore
,
as he ſhall not take by Deſcent, ſo he ſhall not impede the Deſcent to the Tit
. Cozer-
younger Brother; as for inſtance, A. an Alien, B. and C. naturalized by Act age, 5.
of Parliament (all Brothers) B. purchaſes Lands and dies, fine Prole (without
Iſſue) C. ſhall inherit, and not A.
Ā. an Alien, B. and C. his Brothers, both naturalized by Act of Parlia- Ramſay'sCafe
ment; B. purchaſes Lands and dies without Iſſue, the ſame ſhall not come to 15 Car. II.
A. nor to his Iſſue (though a Denizen) but ſhall come to C. and his Iffue; the
Law taking no Notice of A. as to impede the Succeſſion of C. or his Iſſue,
though it work a conſequential Diſability, to bar the Iffue of A. parrallel to
what the Law calls Corruption of Blood, which is a Conſequent of Attainder.
Again, in a Lineal Deſcent, if there be a Grandfather, a natural-born Sub-
ject, the Father of an Alien, and the Son a natural-born Subject; the Father is
made a Denizen, yet he ſhall not inherit the Grandfather; and if the Father
dies in the Life of the Grandfather, the Grandchild, though born after the De-
nization, doth not remove either the perſonal, nor conſequential Impediments,
or Incapacity of the Father.
In Collateral Deſcents, the Father, a natural-born Subject has Iſſue two Sons Godfrey and
Aliens, who are both made Denizens; one dies without Iſſue, the other ſhall Dixon's Cafe.
not inherit him.
A. an Alien, marries an Engliſh Woman, who is ſeized of Lands, and has Cro. Fac.539
2. Rolls Rep.
Iffue, the Father and Mother die, yet the Iffue may inherit the Mother, non
obftante, the Incapacity of the Father being an Alien.
Vaughan 285
The Statute de Natis ultra Mare, declares the Iſſue, born of an Engliſh Man Levinz. 59.
upon an Engliſh Woman, ſhall be a Denizen ; and the Conſtruction has been, 25 Edw. III.
though an Engliſh Merchant marries a Foreigner, and has Iffue by her born
beyond the Seas, that Iſſue is a natural-born Subject.
But if an Engliſh Woman goes beyond the Sea, and there marries an Alien, Cro.Car.6or.
and has Iſſue beyond the Sea, that iſſue are Aliens.
Yet if an Engliſh Woman marries an Alien beyond the Seas, and then comes Prowd's
into England, and has Iſſue, they are not Aliens, but may inherit.
No Alien, or Perſons not born within the Allegiance of the King, or natural- 12 Car. II.
ized, or made a free Denizen, ſhall exerciſe the Occupation of a Merchant, or C. 18. S. 2.
Factor, in any of his Majeſty's Plantations or Territories in Aſia, Africa, or
America, upon Pain of Forfeiture of all his Goods, or which are in his Pol-
ſeſſion, &c.
All ſuch Perſons as ſhall be born on Board any of the Ships employed about 9 Ann. C.21.
the Trade of the South-Sea Company, or in any of the Places which ſhall be 8. 53.
diſcovered or poſſeſſed by the Company, ſhall be deemed natural born Subjects.
NATURALIZATION

275
92.
Cro,Car,601,
Bacon's Caſe.
Caſe of Kent.
352
0 F A L I EN S, E36 .

$.1.
S. 2.
4 Geo.l.
C. 21. S. I.
,,
1 Inf. 8.129. NATURALIZATION is the making an Alien, the King's natural Subject byAct
of Parliament, whereby he becomes as much a Subject to all Intents and Pur-
poſes, as if he was born ſo; for by Naturalization, a Perſon's Iflue, before
the Naturalization, ſhall inherit.
A Stranger, naturalized by Act of Parliament, may have Lands by Deſcent,
as Heir at Law, as well as have them by Purchaſe; but until he is naturalized,
or made Denizen, a Stranger is not generally under the King's Protection, to have
the Benefit of the Laws.com
7 Jac. I.C.2. No Perſon of the Age of eighteen Years, or above, ſhall be naturalized, un-
leſs he have received the Lord's Supper within one Month before any Bill, ex-
hibited for that Purpoſe, and alſo ſhall take the Oath of Supremacy and Alle-
giance in the Parliament Houſe, before his Bill be twice read; and the Lord
Chancellor, if the Bill begin in the Upper Houſe, and the Speaker of the Com-
mons Houſe, if the Bill begin there, ſhall have Authority during the Seffion to
adminiſter ſuch Oaths.
. .
Perſon born out of the Kingdoms, though he be naturalized, except ſuch as
are born of Engliſh Parents, thould be capable to be of the Privy Council, &c.
ſhall not extend to diſable any Perſon, who, before his Majeſty's Acceſſion to
to the Crown, was naturalized.
No Perſon ſhall be naturalized, unleſs in the Bill exhibited for that Purpoſe,
there be a Clauſe to declare, that
ſuch Perfon Thall not be enabled to be of the
Privy Council, or a Member of either Houſe of Parliament, or enjoy any
Office of Truſt, or have any Grant from the Crown; and no Bill of Natural-
ization ſhall be received without ſuch Clauſe.
Children born out of the Allegiance to the Crown of Great Britain, whoſe
Fathers Thall be natural-born Subjects, ſhall, by Virtue of the Act 7 Ann. Cap.
5. and of this Act, be natural-born Subjects.
Provided that nothing in 7 Ann. Cap. 5. or this Act, ſhall make any Chil-
dren, born out of the Legeance of the Crown, to be natural-born Subjects,
whoſe Fathers, at the Time of the Birth of ſuch Children, were, or ſhall be
attainted of High Treaſon, either in this Kingdom or in Ireland, or were liable
to the Penalties of High Treaſon or Felony in Caſe of their returning into this
Kingdom or Ireland, without Licence of his Majeſty ; or were, or Thall be in
the Service of any foreign State, then in Enmity with the Crown of Great-
Britain.
If any Child, whoſe Father, at the Time of the Birth of ſuch Child, was
attainted of High Treaſon, or liable to the Penalties of High Treaſon or Fe-
lony in Caſe of returning without Licence, or was in the Service of any foreign
State in Enmity with the Crown (excepting all Children of ſuch Perſons 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 reſide within the Dominions aforeſaid for two Years, at any
Time between the 16th of November, 1708, and the 25th of March, 1731,
and during ſuch Reſidence hath profeſſed the Proteſtant Religion, or hath come
into Great-Britain, &c. and profeſſed the Proteſtant Religion, and died within
Great Britain, &c. at any Time between the 16th of November, 1708, and the
15th of March, 1731, or hath continued in the actual Poffeſſion, or Receipt
of the Rents of any Lands in Great-Britain, &c. for one Year, at any Time
between the ſaid 16th of November, 1708, and the 25th of March, 1731 ; or
hath bona fide fold or ſettled any Lands in Great-Britain or Ireland, and any Per-
fon claiming Title thereto, under ſuch Sale or Settlement, hath been in actual
Poſſeſſion or Receipt of the Rents thereof for ſix Months, between the ſaid 16th
of November, 1708, and the 25th of March, 1731, every ſuch Child ſhall
be deemed a natural-born Subject of the Crown of Great-Britain.
And for the better encouraging foreign Seamen to ſerve on Board Britiſh Ships,
it is further enacted, that every luch foreign Seaman who thall, after the first
Day of January, 1739, have ſerved during the War on Board any Britiſh
Man of War, Merchant Ship, or Privateer for two Years, Thall be deemed a
natural
S. 2.
S. 3:
1
13 Geo. II.
P. 125
OF A L I EN SEC.
353
/

13
Geo. II.
.
the ſaid Declara-
natural-born Subject of Great-Britain, and ſhall enjoy all the Privileges,
&c. as an actual Native of Great Britain.
Provided that no Perſon, thus naturalized, ſhall be of the Privy Council, a
Member of either Houſe of Parliament, or have any Place of Truſt, civil or
military, or have any Grant of Lands, &c. from the Crown.
ENACTED, that after the iſt Day of June, 1740, all Foreigners, who have
inhabited or ſhall inhabit for ſeven Years or more, in any of our American P. 167. 168.
Colonies, and ſhall not be abſent from ſome of the ſaid Colonies, more than
two Months at any one Time during the ſaid feven Years ; and ſhall take and
ſubſcribe the Oaths, and make, repeat, and ſubſcribe the Declaration appointed
by the Act of 1 Geo. I. or being a Quaker, thall make and ſubſcribe the De-
claration of Fidelity, and take and affirm the Effect of the Abjuration Oath,
appointed by the Act 8 Geo. I. and alſo make and fubfcribe the Profeſſion of his
Chriſtian Belief, appointed by the Act 1 W. and M. before any one of the
Judges of the Colony, wherein ſuch Perſons have inhabited, or ſhall inhabit,
Thaļl be adjudged to be his Majeſty's natural-born Subjects of this Kingdom, to
all Intents and Purpoſes, as if they had been really born in the fame; that the
faid Judges ſhall give the ſaid Oaths, & c. in open Court, between the Hours
of nine and twelve in the Forenoon, which ſhall be entered in the ſame Court,
and alſo in the Secretary's Office of the Colony wherein ſuch Perſon ſhall ſo in-
habit; for doing whereof two Shillings ſhall be paid at ſuch reſpective Place,
to make ſuch Entry, in a Book to be kept for that Purpoſe in his Office, on
Notification by a Judge of the ſame Colony, under the like Penalty.
All Perfons duly qualifying themſelves to be naturalized (except Quakers or
Jews) ſhall receive the Sacrament of the Lord's Supper in ſome Proteſtant Con-
gregation in Great-Britain, or in ſome of the American Colonies, within three
tion; and ſhall at the Time of taking and ſubſcribing the faid Oaths, &c. pro-
duce a Certificate, figned by the Perſon adminiſtering the ſaid Sacrament, and
atteſted by two credible Witneſſes, whereof an Entry ſhall be made in the Se-
cretary's Office of the Colony wherein they ſhall inhabit, as alſo in the Court
where the ſaid Oaths ſhall be taken, without Fee or Reward.
Whenever a few preſents himſelf to take the Oaths purſuant to this Act, the p. 1703
Words ( upon the true Faith of a Chriſtian) ſhall be omitted in adminiſtering
the ſame; and the taking the ſaid Oaths, without thoſe Words, as the Jews
were permitted to take the Oath of A bjuration by the Act of 10 Geo. I. Thall
be deemed a ſufficient Taking according to this Act.
c.
A Certificate under the Seal of any of the faid Colonies, of any perſon's hav-
ing conformed in the ſeveral Particulars required by this Act, thall be deemed
a ſufficient Teſtimony thereof, and of his being a natural born Subject of Great-
Britain, to all Intents and Purpoſes in every Court within the King's Do-
minions.
The Secretary of every reſpective Colony ſhall ſend over to the Commiſſioners P. 171.
of Trade at London, at the End of every Year, to be computed from the iſt of
June, 1740, exact Liſts of the Names of all Perſons, who have that Year
entitled themſelves to the Benefit of this Act, under Penalty of 50l. for every
Neglect; all which Liſts ſhall be entered in a Book, by the faid Commiſſioners,
to be kept at the Office for publick View.
Foreign Proteſtants who have ſerved in the Royal American Regiment, or as
Engineers in America for two Years, and ſhall take the Oaths, &c. appointed C. 25.
by i Geo. I. C. 13. and ſhall produce Certificates of their having received the
Sacrament in ſome Proteſtant Church, within ſix Months of the Time of their
taking the Oaths, &c. ſhall be deemed natural-born Subjects.
34 Provided that no ſuch naturalized Perſon ſhall be of the Privy-Council, or a
Member of either Houſe of Parliament, or capable of enjoying any Place of
Truſt in Great-Britain or Ireland, civil or military, or of taking any Grant
from the Crown to himſelf, or any in Truſt for him, of any Lands, &c. in
Great-Britain or Ireland.
After
2 Geo. IIT.
S.I.
4 X out
354
OF B A N K S, & c.

20 Geo. II.
P. 937
of 13
P. 938.
After reciting the before-mentioned Act, it adds, and as many of the People
P. 935, 936. of the Congregation called the Moravian Brethren, and other foreign Pro-
teſtants, not Quakers, who fcruple the taking cf an Oath, are ſettled in his Ma-
jeſty's Colonies in America, and demean themſelves there as a ſober, quiet, and
induſtrious People, and many others of the like Perſuaſion, are deſirous to
tranſport themſelves thither; and if the Benefit of the ſaid Act of 13 Geo. II.
were extended to them, they who are now there, would thereby be encouraged
to continue their Reſidence, and others would-reſort thither in greater Num-
bers; whereby the faid Colonies would be improved, their Strength increaſed,
and their Trade extended; it is therefore enacted, that from and after the 25th
of December, 1747, all foreign Proteſtants, who conſcientiouſly ſcruple the
taking of an Oath, and who are born of the Leigeance of his Majeſty, who have
or thall reſide for ſeven Years in any of his Majeſty's Colonies in America, and
ſhall not have been abſent out of ſome of them longer than two Months at any
one Time during the ſaid Term, and ſhall qualify themſelves, as by the recited
Act of 8 Geo. I. and 1 W. and M. is directed, before the Chief or other Judge
of the Colony, wherein they reſpectively have or ſhall fo refide, ſhall be deemed
to be his Majeſty's natural born Subjects, to all Intents and Purpoſes, as if they
had been born within this Kingdom; which faid Affirmation, and Subſcrip-
tion of the ſaid Declarations, the ſaid Chief, or other Judgę, is to
and take, and the ſame ſhall be done in every Reſpect, as in the ſaid recited Act
Geo. II. is ſet forth and directed, and Liſts ſhall be tranſmitted, &c.
No Perſon Thall be naturalized by Virtue of this Act, unleſs he ſhall have re-
ceived the Sacrament, &c.
The Proviſions contained in the Act of 13 Geo. II. &c. ſhall extend to foreign
Proteſtants, who conſcientiouſly ſcruple the taking of an Oath, and who thall
be qualified as aforeſaid,
The ſaid foreign Proteſtants ſhall enjoy the Privileges of natural-born Subjects,
and all the Benefits of this Act, and the ſaid Act of 1.3 Geo. II.
No Perſon who ſhall become a natural born Subject of this Kingdom by
Virtue of this Act, ſhall be of the Privy Council, &c.
Nothing in this Act, in the recited Act of 13 Geo. II. ſhall extend to
turalize any Perſon who by Virtue of an Act of 4 Geo. II. (intituled an Axt to
explain a Clauſe in 7 Anna, &c.) is enacted not to be entitled to the Benefit of
the ſaid Act of - Anne, but all ſuch Perſons ſhall remain in the ſame State and
Condition to all Intents and Purpoſes, as they would have been in if the ſaid
recited Act of 13 Geo. II. or this Act had never been made.
on
According to Law, no one can be naturalized but by Act of Parliament, and
that cures the Defect as if they had been born in England; and Acts of this
Nature may be fo penned, as to cure Defeats in the Father or Anceſtor, as well
as in the Parties themſelves, which it will not do except expreſs Words to that
Purpoſe are inſerted.
Dyer. Fol.224 Children born of Parents, Subjects within any of the Places or Guards poſ-
ſeſſed by the King's Army when in an hoſtile Manner he forcibly enters the
Ramſey. Lord Territories of another Prince or State, ſhall be deemed natural-born Subjects,
Vaughan Fol. and ſtand in no Need of Naturalization.
It has been conceived, that a Foreigner, being naturalized in Ireland, may
clothe him with the Title of a natural-born Subject of that Country, but
not qualify him as one of this.
DENIZATION is the enfranchiſing an Alien, making him a Subject by the
King's Letters Patent, and he is called Donaifon, becauſe his Legitimation pro-
ceeds ex Donatione Regis (from the King's Gift.) Such a one is enabled in
many Reſpects to do as the King's native Subjects do, to purchaſe and poffels
Lands, enjoy any Office or Dignity; and when he is thus enfranchiſed, he is ſaid to
be under the King's Protection, or elſe ad fidem Regis Anglia, before which Time
he can poſſeſs Nothing in England. But notwithſtanding this, it is ſhort of
Naturalization ; for a Stranger naturalized may inherit Land by Deſcent, which
a Denizen cannot; and in the Charter, whereby a Perſon is made a Denizen,
there is commonly contained ſome Clauſe that expreflly abridges him of that
full Benefit which natural Subjects enjoy.
or in
na-
1 Inſt. 129.
Placit. 20.
Crow ver.
301.
Bra£t. Lib.6.
Tract.
5.
C. 25.
2 inft. 741.
I
When
O F B A N K S, &c.
355
ſhall not:
When the King makes a Denizen by Letters Patent, he may purchaſe Lands, 1 Int. 8.
and his Iflue, born afterwards, may inherit them; but thoſe he had before, Rep. 52.
And though a Denizen is enabled to purchaſe, he cannot inherit
the Lands of his Anceſtors, but as a Purchaſer he may enjoy them; and he
may take Lands by Deviſe.
Aliens made Denizens are incapable of Offices in the Government, to be Mem-'12 W. III.
bers of Parliament, &c.
It is ſo high a Prerogative to make Aliens, Denizens, that the King cannot C: 4.
grant his Power over to any other.

C. 2.
I Geo. II.
7 Rep.
Wood's Inft.
22.
Of Banks and Bankers.
7
A
BANK is a publick Office for keeping and circulating Money, to be em-
ployed in Exchanges, Diſcounts, Government Loans, &c. or to be other-
wife difpofed of for the Profit of the Proprietors.
In other Words, a Bank may be denominated a common Repoſitory, where
many Perſons agree to keep their Caſh, to be always ready at their Call, or
ſubject to their Directions.
The Word Bank is derived from the Italian Banca or Banco, as thoſe of that
Nation uſed formerly to exerciſe the Function of Exchangers (or Bankers) in
all the public Places, or Bourſes of their trading Cities, ſeated on Forms with
Benches to count their Caſh, write their Letters and draw their Bills of Ex-
change on ; and ſome Authors add, that when any of them had the Misfortune
to fail, his Bench was broke, either as a Mark of Infamy, or to put another in
its Place, and from this Occurrence they pretend the Word Bankrupt (in French
Banqueroute) is derived.
And from which Circumſtance, we may ſee that this Buſineſs was originally
confined to private Perſons; but the Advantages ariſing from it to Commerce
being very diffuſive and general, ſeveral States thought proper to incorporate
fome of the moſt conſiderable of their Subjects for the Purpoſes of carrying it
on with a greater Security to the Concerned; whilſt other Potentates retain the
Protection and Management in their own Hands.
Before we proceed to an Illuſtration of the Conſtitutions of the moſt reputa-
ble Banks now exiſting, in nioſt of the capital Cities of Europe, which will
be done according to the Order of Time in which they were inſtituted; it will
be neceſſary juſt to mention the different kinds of Banks, as they differ widely
from each other in their Principles and Practice.
Some are inſtituted wholly on the publick Account, and put under the Di-
rection of the Magiſtrates, who are obliged to take ſuch Care of the Manage-
ment, that the Money or Bullion depoſited therein, Thall always be kept for the
Uſe of the Proprietors, and ſhall never be let out for Profit or Advantage; of
this Kind is the famous Bank of Amſterdam, which is adminiſtered with ſo great
a Strictneſs and Fidelity, that it is ſaid, a Magiſtrate, who was one of the Di-
rectors of it, was ſentenced to Death, for making Uſe 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 Equity of its Adminiſtration, they judge them-
felves fó ſecure that their Money lies always ready to anſwer their Demands,
that they ſeldom draw out large Sums, but make their mutual Payments by
transferring the Sums from one Man's Account to another's; and from this great
Eaſe and Convenience it is come to paſs, that Payments made by Aſſignments
on this Bank are valued at from 3 to 5 and 6 per cent. above the Payment of
Money, which Difference between the Bank and current Money is called the
Agio.
A fecond Sort of Banks is ſuch as confift of a Company of monied Men, who
being duly eſtabliſhed and incorporated by the Laws of their Country, agree
to depoſit a conſiderable Fund or joint Stock, to be employed for the Profit
and Advantage of the whole Society, in all thoſe Ways which are compatible
with the Nature of ſuch an Undertaking; as borrowing upon their own Credit;
and



1
356
O F B A N K S, &c.
and lending Money upon good Securities; buying and ſelling Bullion, Gold and
Silver, and foreign Specie; diſcounting of Bills of Exchange, or other ſecure
Debts; receiving and paying the Caſh of other Perſons; and of this kind is
the Bank of England.
A third Sort is the Banks of private Men, of which we ſhall treat diſtinctly
in a ſeparate Chapter.
As to the firſt Kind, it is certain, that Nothing can be ſo infallibly ſafe, as
where the Value is kept always ready in Specie ; and here alſo the Eaſe and
Security of Traders are effectually provided for, in the Receipts and Payments of
their Money; but yet this kind of Bank is ſo much the leſs uſeful 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 ſecond Kind conſiſts in the certain Knowledge of its Fund
or Stock, the Solidity of its Inſtitution, and the incorruptible Fidelity of its
Management; wherein it is always the Intereſt of the Concerned to give
the
Publick the utmoſt Satisfaction : And in this Reſpect the Bank of England
muſt be ſecure beyond all Apprehenſion to the contrary, as well on Account
of the great Sums they have lent to Government, upon the Faith of the Britiſh
Parliament, which is ſufficient always to keep them above all Suſpicion of Fail-
ure, as from the known ſkilful and profitable Management of thoſe who have
been ſucceſſively concerned in the Direction. Beſides, as an incorporated Body,
they are not, like private Men, ſubject to Death. And as this kind of Bank
has all the Conveniencies of the former, it has alſo this beyond it, that its Ca-
pacity of lending Money is an invaluable Accommodation to the Community,
fince it will always have a Tendency to keeping the Intereſt of Money low, and
be an effectual and permanent Check to Uſury, which is the greatest Bane to
Trade and Navigation.


Of the Bank of Genoa.
TH
HE moſt conſiderable Body in the Republic of Genoa is that which is called
St. George's Bank, the moſt antient Etabliſhment of the Kind in Europe,
though the Date of its Inſtitution is not certainly known: But we may
be aſſured
it is of much greater Antiquity than that of Venice, the Republic of Genoa be-
ing founded A. D. 950. The Fund was conſtituted from ſuch Branches of
the publick Revenue as were ſet apart by the Government, of ſuch Sums as
ſhould be borrowed during the Exigencies of the Commonwealth, and which
hath never been violated, under the greateſt Troubles and Perplexities
of the State. The Adminiſtration 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 conſidered as a
great Load to the State, and as a kind of inferior Senate, which breaks the
Uniformity of their Ariſtocratic Government. The People, however, receive
no ſmall Advantage from it, both as it is a Check to their Ariſtocracy, and diſ-
tributes the Power among more private Members of the Republic; and
the State kept itſelf clear of the Quarrels of the great belligerent Powers of
Europe, this Bank maintained a Circulation for the Support of public Credit
and Commerce; but having unhappily taken Part in their Wars in the laſt and
the preſent Century, they exhauſted their public Treaſure, their Commerce
declined, and with it their public Credit, and the Reputation of St. George's
Bank, which will never recover its original Solidity.
och
Of the Bank of VENICE.
T!
HIS is commonly called Banco del Gero, on Account of the continual
Rotation of its Caſh, and is properly a Receptacle, or Office, for a publick
Depoſit, or a general and perpetual Caſh for all Merchants and Traders
.
It was eſtabliſhed by a folemn Edict of the Republick, which ordains, that
all Payments, as well of large Purchaſes, as Bill of Exchange, ſhall be only

d while
4
made
OF B A N K S, c.
357
made in Bank, and that all Debtors and Creditors ſhall be obliged to pay and
receive their Money there, which is effected by a ſingle Transfer from the Ac-
counts of the one to that of the other ; ſo that the Credit and Debit only change
Names, without any real or effective Money being paid.
However, Payments are ſometimes made in Caſh, particularly for the Retail
Buſineſs; or when Strangers inſiſt on Ready Money, or ſome Perſons are better
pleaſed to have their Funds in their own keeping; and the Neceſſity of ſome-
times making theſe effective Payments, was the Occaſion of opening a Ready-
Money Office, for thoſe who required it; and it has been experienced, that
this current Caſh has not cauſed any ſenſible Diminution in the Funds of the
Bank, but, on the contrary, the Liberty of withdrawing the Money at the Pro-
prietor’s Pleaſure, has rather increaſed than leſſened them.
By this Means the Republick, without reſtraining the Liberty of Trade,
and without paying any Intereſt, makes herſelf Miſtreſs of five Millions of
Ducats (at which the Funds of this Bank are fixed) and at the ſame Time ſup-
plies the Neceſſities of State, without being obliged to have Recourſe to
extraordinary Impoſitions; and the good Order always obſerved in the Bank's
Adminiſtration, (for which the Republick is Security) has rendered its
Eſtabliſhment fo folid, that there is Room to judge it will laſt as long as the Go-
vernment itſelf.
In the Bank the Writings are kept, in Liras, Soldi, and Denari de Groſſi,
of which one Lira is worth ten Ducats de Banco, or two hundred and forty
Groſi, the Ducat being compoſed of twenty-four Groffi.
The Money in Exchange is always underſtood Bank Ducats, which is imagi-
nary, and a Hundred of theſe make a Hundred and twenty Ducats current, ſo
that the Difference between Bank and current Ducats is twenty per Cent. the
Brokers being prohibited to negociate at a higher Price.
The Bank is ſhut up four Times a Year, viz. the 20th of March, 20th of
June, 20th of September, and the 20th of December; and it remains ſhut each
Time for the Space of twenty Days: However, this does not prevent their
Negociations, as well in Ready-Money as Bank, to be wrote off at its Opening.
The Bank is likewiſe ſhut upon extraordinary Occaſions, viz. eight or ten
Days at the Carnival, and as long for Paſſion Week; it is likewiſe Thut every
Friday, when there is no Holiday, to make their Balance.
The Bills of Exchange drawn for the Fairs, or otherwiſe, muſt all be pay-
able in Bank, and a Seller cannot refuſe Payment of his Goods in the ſame
Manner, except by an Agreement to the contrary.
Bills of Exchange here have fix Days of Grace, and in Default of Payment,
the Proteſt muſt be made on the ſixth Day, otherwiſe the Holder ſtands to the
Damage ; but from the Moment the Bank is Thut, a Debtor cannot be forced
to the Payment of Bills, neither in Ready-Money nor otherwiſe, nor can be.
proteſted againſt for it, till on the ſixth Day after the Bank opens, except when
there is a Failure, in which Caſe every one may uſe their Diligences, pro-
vided that their Bills are fallen due.

Of the Bank of AMSTERDAM.
THIS
HIS Bank, ſuppoſed the moſt conſiderable and richeſt in Europe, on the
31ſt of January, 1609, was eſtabliſhed by the Authority of the States
General, under the Direction of the Burgomaſters of this City, who are Se-
curity for the ſame, and conſtituted themſelves perpetual Caſhiers of its Inha-
bitants, to whom it is of the greateſt Conveniency and Service, as Millions
may be paid in a Day, by the fimple Affignations of a Draught on it, without
the Intervention of any real Caſh.
The Funds of this Bank are related to be ſo great as is hardly credible, many
Authors quoting their Value to be, at leaſt, that of three thouſand Tons of
Gold, and theſe rated at a Hundred Thouſand Guilders per Ton, make, at only
thirty-five Schillings per Pound Sterling, the prodigious Sum of 58,571,4061.
but as this Value is unafcertained, I ſhall give Sir William Temple's Opinion of
4 Y
it,
358
OF B A N KS, &c.
it inſtead of my own, who ſpeaking of this Bank, in his Remarks on the State
of the United Provinces, ſays, “ In the City of Amſterdam is the
“
Bank, fo celebrated in all the World, on Account of the Greatneſs
“ of its Treaſure, which exceeds that of all others hitherto known, real
or imaginary: The Place where it is lodged is a great Vault under the
“ Town-Houſe, provided with Doors, Locks, and every other Security neceffary
" for its Safety and Preſervation; and it is certain, that whenever any one goes
" to ſee the Bank, he will find there a very great Treaſure in Bars and Ingots
“ of Silver, in Plate, and in an incredible Quantity of Sacks full of Metal, ſaid
“ to be Gold and Silver, as I believe, in Effect they are; though as there are
none but the Burgomaſters who have any Direction in this Bank; and as
“ there is no one who keeps any Account of what is brought in or carried out,
" at different Times, it is impoſſible to know or even gueſs, with any Exact-
“ neſs, the Proportion there is between the real and imaginary Treaſure of it,
as it does not ſolely conſiſt in the effective Gold and Silver, but alſo in the
6 Credit of the City, and of the State, of which the Funds and Revenues are
as great as that of ſome Kingdoms, and it is obliged to be anſwerable for
66. all the Money brought in: The greateſt Payments made between the Mer-
“ chants of this City, are in Bank Bills, ſo that it may be ſaid, that this Bank
« is properly the general Cheſt, in which every one incloſes his Money, be-
" cauſe they deem it there to be in greater Security, both for paying and re-
ceiving, than if they had it in their own Coffers ; and the Bank is ſo far
“ from being obliged to pay an Intereſt on the Money depoſited in it, that
“ what is there is worth more than the current Money, in which ſmall Pay-
ments are handily made, becauſe it neither admits nor receives any Caſh, but
s of the beſt and moſt valuable Species, and thoſe that are moſt current, as
so well in Germany as in the Low Countries."
By its Eſtabliſhment, it is ordained, that the Payment of Bills of Exchange,
and wholeſale Goods, ſhall be only in Bank, except the Sum be under three
hundred Guilders, and nothing leſs than this can be wrote into Bank, without
paying lix Stivers (except it be by the Eaſt and Wef India Companies, who are
exempt from this Duty, and may write in what ſmall Sums they pleaſe) ſo
that the Debtor is obliged to carry his Money in there, and the Creditor from
thence to receive it.
The Payments are made by a ſimple Transfer, or Affignation of one to the
other, ſo that he that was creditor on the Bank Books before, becomes Debtor
from the Moment he has aſſigned any Sum to another, who is wrote down as
Creditor in his Room.
Although the Bank of Amſterdam has no Account of current Caſh open like
that of Venice, this does not hinder (notwithſtanding its Regulation) but that
it ſometimes makes Payment in Ready-Money; and there are particular Caſhiers
without the Bank, who make the Payments for an Eighth per Cent, that is to
ſay, two Stivers and a half for a hundred Guilders.
This Contravention is tolerated as beneficial to Trade, foraſmuch as fome-
times one is obliged to make a Payment in effective Money, more eſpecially in
retail Affairs ; and it is often that ſome Perſons are better pleaſed to have their
Caſh ready for Uſe elſewhere than in the publick Bank, either for Negocia-
tions or to pay Bills of Exchange, when their expreſs Tenor is to be paid out of
the Bank, that is in ready current Money.
It is by this Bank, that the City of Amſterdam is ſupported in ſo much Splen-
dor and Magnificence, and without interrupting Commerce, pofleffes the
greateſt Part of the Caſh of its Inhabitants, who are not leſs rich for having
their Fortunes in the Bank, as theſe they may convert into Ready-Money whena
ever they pleaſe, and again bring them into Bank when it ſhall be agreeable.
And to carry on this Sort of Buſineſs or Exchange, an Application need only
be made to certain Merchants, or particular Caſhiers, who are commonly to be
met with between ten and eleven -o'Clock at the Dam, or before the Town-
Houſe or Bank, with whom the Negociation may be adjuſted for an Agio,
which they endeavour to effect on the higheſt Terms when they are Sellers, and
on the loweſt they poſſibly can when they buy.

I
The
OF B A N K S, &c.
359
The Difference between buying and ſelling, is ordinarily from a Sixteenth
to an Eighth per Cent, and the Agio varies from three to fix per Cent. ſome-
times more, and at other Times leſs, according to the Difference in Exchange,
or the Scarceneſs of the Specie.
When a Payment is made in Ducatoons, or Rixdollars, and not in a ſmall
Kind of Money, leſs is given for the Agio, becauſe the large Coins are received
at the Bank,
Theſe Sorts of Negociations are likewiſe made at the Bourſe, or at Home be-
tween Merchant and Merchant, with or without the Intervention of-Brokers,
who have one per Mil. for their Pains, paid equally between the Buyer and
Seller.
To have an Account opened for a Perſon in the Bank, he muſt pay ten
Guilders for once only.
The Bank only receives Ducats of Gold, Ducatoons, Rixdollars, old Louis-
dores, and other ſuch-like Species, and they have reduced the Ducatoons to
fixty Stivres inſtead of fixty-three, as they paſſed in ready or current Money,
the Rixdollar to be forty-eight from fifty, and other Sorts of Coins in Pro-
portion
The Bank never engages for the Species it receives, but on the Footing of
five per Cent. under their common Value in current Money, viz. the Ducatoon
at the Value juſt now mentioned, which is the true Original of the Agio, and
which conſequentially muſt be five per Cent.
Ingots of Gold, and Bars of Silver are likewiſe depoſited there, of which the
Price is regulated according to their Value after the Affay, which is made by
the City Affayer, and all sorts of Money, and Species of Gold and Silver are
alſo depoſited, and principally Dollars, for which the Bank gives its Receipts,
called Receipts of Mexican Dollars, and which are commonly negociated at
Change.
Thoſe who have Caſh in Bank may draw it out whenever they pleaſe, on pay-
ing a Sixteenth per Cent. for the Care of it; and if at the Time of taking it
out, the Agio ſhould be under five per Cent. the Treaſurer will pay the Dif-
ference, foraſmuch as that when it was received, there was charged on the
five per Cent.
The Books of the Bank are kept in Guilders, Stivers, and Pennings, of which
twenty Stivers make a Guilder, and fixteen Pennings or Deniers a Stiver.
Any one drawing on the Bank more than he has there, incurs a Penalty of
three per cent. on the Sum he overdraws.
The Bank is ſhut up twice a Year, viz. in January or February, and in
Huly or Auguſt, and remains fo eight, ten, or fifteen Days, during which Time
the Books are balancing.
It is ſhut up beſides on the Feaſts of Eaſter, the Afcenfion, and Chriſtmas,
and on Faſt Days, and about the 22d of September, when the Fair begins.
If the fix Days of Grace, which are allowed on Bills of Exchange, happen
to expire whilſt the Bank is ſhut, the Bearer of them is in Time to proteſt them,
in Caſe of Non-payment, the ſecond or third Day after its Opening.
When any one who has an open Account with the Bank, happens to die, his
Heirs muſt prove by a good Title the Right they have to demand the paſſing
the Sums to their Credit, which were due to the deceaſed.
Whenever any Difference happens between Merchants and Tradeſmen about
the Bank, it ſhall be ſummarily ſettled by the Commiſſioners named for this
Purpoſe, by the Magiſtracy of Amſterdam.
There are fome certain Days in the Year, when the Money may be diſpoſed of
the
very
Moment it is brought in, which is often improved by vain and deſign-
ing Men, who, without having a Farthing Property in that Fund, get large
Sums credited on their Account, though the Debtor Side cancels them imme-
diately, yet by this Game they either flatter their Pride or advance their Credit,
as the Debit Spunge is not ſeen by many.
The Bank makes no negociable Bills, but (as beforementioned) gives Re-
ceipts for Effects depoſited, which may be fold; for Example, a Perſon having

one
1
360
O F B A N K S, &c.
one Thouſand Louiſdores of the Sun (which are commonly from Guild. 11 8/1. tó
11 14ft. current Money) and wanting ready Caſh, endeavours to ſell his Gold, for
which he is only offered Guild. 11 8ſt. but reſolving not to admit this low Price,
in Hopes of a ſpeedy Riſe, he carries them to the Bank, which takes them cn
the Footing of Guild. 10 14/7. each, making Guild 10700 Bank Money, of which
he may diſpoſe at an half per Cent. leſs; that he muſt allow for fix Month's Care of
it, as accuſtomary; and if during that Time, the Louis are in Demand, he
withdraws them, or ſells his Receipt, as he thinks proper : But if on the con-
trary they ſtill keep low, though with an Appearance of ſoon riſing, he carries
his Receipt to the Bank, where they debit his Account in the proper Office,
Guild. 53 10ft. for the half per Cent. mentioned in the Receipt, and on theſe
Terms he may prolong the Depoſit to the Time it ſuits him to withdraw it,
paying every ſix Months the aforeſaid Sum; and this is the only Caſe in which
the Bank gives Receipts that are negociable; and if the aforeſaid one is fold,
the Buyer, before he can make Uſe of its Value, muſt reſtore to the Bank the
10700 Guild. advanced, and the half per Cent.
No Seizure can be made of Money in the Bank, and whenever a Sum is to
be entered, in which there is Pennings, it is never wrote in with more nor leſs
than 8; ſo that if there be 7, 9, 10, il, or 12, 8 only are inſerted; but if
there be above 12, then there is wrote in a Stiver.
There were formerly only four Book-keepers in the ſaid Bank, and as many
Comptrollers, but ſince, ſome have been added, and every one in their Turn
receives the Notes that have been entered in the Books, for to diſtribute to others
according to their Number ; for Example, the firſt Book contains four or five
Hundred Leaves, and the four Books only make an End of the Year, and are put
in the Archives after balancing.
If a Man wants to know what has been wrote in on his Account, he muſt go
to the Bank between ſeven and eight in the Morning, and if he lets this Time
lapſe, he muſt pay two Stivers, and if he delays it till after nine, he muſt pay
ſix Stivers.
The Officers of the Bank are paid by the City, and all that is received for cor-
recting Accounts, Retardation of Hours, and Forfeits, is for the Poor, as the
Fractions of the Stiver is for the Comptrollers.
After opening the Bank from the Time of balancing, all thoſe who have open
Accounts ought to make a Note of what remains due to them, and therein they
ſhould mark the Folio of the Bank Book, in which their Account is, how many
Sums they have got wrote (if any) ſince the preceding Account, their Name
and Surname, and then aſk the Commiſſioners who have the Page of their Ac-
count, whether that Remainder or Balance agrees with the Bank Books, which he
tells them, and alſo whether the Folio is continued or changed ; if the Sum dif-
agree, he alſo informs them of it, and in this caſe, he muſt make an Extract
of the Bank Account, as it ſtands in your Book, to examine it, and ſee from
whence the Error or Difference of the Sums proceed, for which Verification
twelve Stivers are generally paid, a little more or leſs: The Account being thus
examined, they return it when aſked for, and if they find it does not agree with
that ſtated in the Bank Book, on finding the Miſtakes, they note them, ifotherwiſe,
they put at the Foot of the faid Account ſeen, or elſe, agrees with Book-keepers, and
afterwards they put the Name and Surname of him to whom it belongs, with
the exact Balance, deducting one Stiver for every Sum, which he has wrote to
the Credit of his new Account, which he ought to note conformably in his own
Books. This Verification is made twice a Year, under Penalty of twenty-five
Guilders Mulct; and although it has not been poſſible to examine the Account
which they have in Bank, they may however, at the opening of it, get the
Sumns wrote to the Bearers of Bills of Exchange, and for Merchandizes bought
of the India Companies, provided that it be entered as fome Part, and if they have
got too much wrote, they will be ſubject to the Fine of three per Cent. as afore-
laid; but this Privilege is only for that Day; for in Regard of other Days, if you
are ſure that you have Caſh wrote on to the Credit of your Account, it may
be diſpoſed of the ſame Day, and wrote off to another and another.

2
When
OF B A N K S, &c.
361
Care to
per Cent.
When Traders or Merchants, who have Accounts with the Bank, cannot
go themſelves to get them examined as aforeſaid, they may ſend ſome other in
their Room, with a Power, made in the ſame Manner as is before directed, for
thoſe Perſons carrying the Notes to be wrote on.
When a Perſon's Bank Account is full, and the Book-keepers are obliged to
open another, from the Time of his being advertiſed thereof, he ought to take
go
to ſee whether the Articles agree, as he does at the opening of the
Bank.
The Book-keepers ſend daily to thoſe who deſire it, a Note of the Sums that
have been wrote in to their Credit ; and for which they are paid ſix, eight, or
ten Ducatoons per Ann. from each Merchant or Banker, who has this Advice
given him, which is divided among the faid Book-keepers, after deducting the
Expence of a Servant they keep for this Purpoſe.
The Bank obſerves the following Rules, which it is neceſſary for thoſe who
keep Calh there to be apprized of.
iſt. No one can diſpoſe of his Money paid in till the next Day, except he
pays half per Cent. upon the Sum he deſires to draw out the ſame Day; for
Example, If I have got wrote in 6000 Guilders, and have a Mind to draw out
4000 of them the fame Day, my Note will not paſs, neither then, the ſub-
fequent Day, nor afterwards, till I have paid twenty Guilders for the ſaid half
2dly. There is, however, commonly three Days in the Year (as has been
juſt hinted before) on which the Money may be diſpoſed of, that is brought in
the ſame Day; viz. the ſecond Day after opening the Bank, when it has been
fhut for balancing; and at the Feaſt of Pentecoſt.
3dly. If any more is diſpoſed of than is in Bank, the Penalty of three per Cent.
and the Overdraft muſt be paid before any Note.
4thly. As the Bank ſhuts up twice a Year, all who have Accounts open muſt
balance with it in fix Weeks after opening, on Penalty of twenty-five
Guilders.
5thly. When an Account is once opened in the Bank, whatever enters to its
Credit coſts nothing; and formerly only a Stiver was charged for every Sum that
went out, of was paid to another, but as Buſineſs was conſiderably augmented
in the Year 1714, and occaſioned a great Number of Clerks to be added to
the Bank, for the Diſpatch of the Notes brought in to be wrote, it was ordained,
that inſtead of one Stiver, two ſhould be paid from the firſt of February, 1715,
which has continued ever ſince, and is always charged the firſt Article in a new
Account.
When it happens that, through Miſtake or Forgetfulneſs, a Man writes off
a Sum to one he is not indebted to, inſtead of to him he is owing to, although
he immediately gives Advice of the Error, and that the Sum is not yet entered
in the Bank Books, he cannot withdraw his Note from the Bank by acknowledg-
ing he was miſtaken, not even though he carries the Perſon with him in whoſe
Favour the Note is wrote, to declare that the Drawer does not owe him
any
Thing; the Book-keepers will ſay that he muſt pay, as it is wrote in the Books,
and that, if he has inade a Miſtake, the Perſon in whoſe Favour the Error was
committed, has only to return it the next Day, wrote in on the Account.
All thoſe who have any Thing to write in Bank, are obliged to carry their
Notes themſelves, in the ſame manner that thoſe who have Accounts are to go
and demand the Balance; or if they will ſave themſelves the Trouble, they muſt
empower one of their Compting-houſe to act for them, which will authoriſe
their doing the one and the other ; this Procuration (as has been obſerved be-
fore) coſts thirty-two Stivers, which is paid for down, and muſt be renewed
at the End of a Year and fix Weeks; and if it ſhould happen, that one is ob-
liged to make a pretty long Voyage, and has given an authenticated Procuration
to his Wife, or ſome other Perſon, to make all Sorts of Payments, without
having left a proportional Number of Bank Notes, figned in Blank, to the Sums
he imagines he may have to pay during his Voyage, if the Perſon to whom ha
4 Z
has

362
OF B A N K S,
& Es

o
has given the ſaid Power, figns the Bank Notes without having the Letter of
Attorney regiſtered there, none of them will paſs; and in this Caſe, the Per-
ſon ſo authorized muſt carry and leave an authentick Copy of his Power at the
Bank, and that he ſigns all the Notes with his Name, adding, by Procuration
of ſuch a one; and the noting the ſaid Power coſts fifty Stivers, which is paid
out of Hand.
The Time of writing in Bank is from ſeven or eight in the Morning to eleven,
but after eleven to three every Note carried in will coſt fix Stivers, and after
three none are admitted.
When a Man who has an Account with the Bank is ill, and unable to ſign
his Draughts, or to go there to ſign a Power, the Perſon who tranſacts his
Affairs ought to inform the Bank of his Diſorder, and Incapacity to attend there,
for either of theſe Purpoſes, though he is deſirous of paying what he owes; in
which Cafe a Declaration drawn out by a Notary, and ſigned by the Phyſician,
and one or two of his neareſt Neighbours or Relations, ſhould be carried to the
Bank, which, on Receipt of it, ſends a Servant to ſee in what Condition the ſick
Perſon is, and if he finds him really as is declared, his Agent is authorized to ſign
the Draught, in the fame Manner as if he had ſigned the Letter of Attorney at
the Bank, but if the Infirm is in a Condition to fign, he that is impowered may
requeſt the Book-keepers to draw out a Procuration for that Purpoſe, and to
ſend it with him to be ſigned, which they do, accompanied by a Servant of the
Bank, who carries the Book of Procurations with him to the fick Man, who
ſigns that drawn out for him in the Book, in the Preſence of the Bearer, and
from the Time that a Power is thus executed, he that it is made
may fign
and carry the Notes to the Bank, although he has not yet got the Extract of
the Power, which oftentimes is not delivered in eight or ten Days; but when
once the Bank has delivered it, he is obliged always to ſhew it when he carries
the Draught there, or demands a Balance; if the ſick Man dies after executing
the Power, and before it is delivered to him in whoſe Favour it is made, it will
not be delivered to him at all, becauſe the Perſon being dead, his Procuration
is of no Effect.
any one who has an Account in the Bank is dead (after having made a
Will) his Heirs, or the Guardians he has appointed, muſt carry to the Bank
an authenticated Copy of the ſaid Will, paying fifty Stivers down for noting it;
at the fame Time they deſire to know the Balance of the Deceaſed's Accounts,
to ſee whether that of his Books correſponds with the Bank, and they may have
the ſaid Balance tranſported to a freſh Account, either in the Name of the Wi-
dow, Heirs, their Guardians, or the Executors, without its coſting them the
ten Guilders, which is always paid for opening a new one.
But if one who keeps Caſh at the Bank dies inteſtate, thoſe who pretend to
be his Heirs, or meddle with the Succeſſion, muſt firſt be authorized by the
proper Judges, and bring a Copy of their Sentence to the Bank, before they
will be permitted to diſpoſe of the Deceaſed's Balance.
The Agio has been always fluctuating, ever ſince the Bank's Eſtabliſhment,
though not in fo great a Degree of late Years as formerly; in the Year 1693,
it was up to twelve and thirteen per Cent. on Account of the bad Schillings of
fix Stivers, which were reduced to five and a half; and at the Beginning of the
Month of April, in that Year, after the Diminution, it returned to two and a
half, and as high as fix per Cent. it afterwards fell and roſe till the Year 1703,
when it was down to one and a half, and two per. Cent. but ſince then, it has
got up again, and commonly paſſes now from four to five per Cent.
During the Height of the War between France and the United Provinces, in
the Year 1672, many who had Caſh in the Bank were eager to withdraw it, be-
lieving that if the French King (already Mafter of Utrecht) ſhould become ſo of
Amſterdam, they would loſe it all; and this Money was refuſed to none; but
ſome impatient ones, imagining that the Funds would not be ſufficient to pay
ſuch a great Number of Creditors, found People who falved or cured this imagi-
nary III, by giving them Ready-Money for the four or five per Cent. Lofs
, which
occaſioned the Bank Money to become on a Par with the current, and even un-
der; but Affairs were afterwards ſettled in the Manner as at preſent.

go sono
1. When any one
I have
0 F B A N K S, &c.
363

I have already mentioned that the Bank's receiving none but the fineſt Coin,
and theſe at about five per Cent. under their current Value, is the Occaſion of
the Agio, or more properly the Agio itſelf, and as this Difference is readily to be
found by Practice, or the common Rule of Three, I judge my enlarging thereon
would only be fuperfluous.
Of the Bank of ROTTERDAM.

HIS Bank is not ſo conſiderable as that of Amſterdam, of which we have
been ſpeaking, though the Difference in its Government is very little. It
was eſtabliſhed the 18th of April, 1635, and keeps Accounts with thoſe Mer-
chants who chuſeit, both in Bank and current Money; the firſt to pay all foreign
Bills, which are in Bank Money, and the ſecond for the diſcharge of Negociations
made at Rotterdam on foreign Parts, which are always in current Money.
The Bank daily regulates the Agio on its Caſh, which is conſtantly fixed to à
Pillar of the Bourſe, that every one may know it; and as the Reſt of its Regula-
tions are fimilar to the laſt Bank treated of, I ſhall not detain the Reader
longer upon this.
Of the Bank of HAMBURGH.
ALTHOUGH the Funds of this Bank are not near fo confiderable as thoſe
of that of Amſterdam, the Integrity and Exactneſs 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 Inſpection, and the Directors (being four in Number) are
choſe by Plurality of Votes from among the Principal of the Freemen.
Their Duty is to ſee that the Regulations be punctually obſerved, and to fur-
niſh the Caſhiers with Money when any Payments are to be made, which how-
ever is done without touching the Treaſure, the Directors taking Care to pro-
vide it from other Funds. )
In Regard to the Capital of this Treaſure, it is ſuppoſed to be very conſidera-
ble; but as the Book-keepers take an Oath not to diſcloſe the Entries and Ex-
tracts of the Bank, nor what each Particular depoſits, it is very difficult to con-
clude any thing with Certainty; and this Obligation to Secrecy hinders a Credi-
tor from knowing what any one has in the Bank, ſo that no Seizure
can be
made there.
The Book-keepers, who like, the Directors, are four in Number, are obli-
gated to give the Comptrollers two Balances weekly; and none but Citizens are
permitted to have an Account in the Bank, and from ſuch only it will receive any
Caſh by Way of Depoſit, without any Intereſt, and it is by theſe Notes on the
Bank that they have the Conveniency of paying their Bills of Exchange, and
for the Purchaſe of many Sorts of Merchandiſe, by only making a Transfer
of their Value. persones o come
Nothing leſs than an Hundred Mark Lubs can be wrote into Bank, and two
Schilling's are paid for every Sum not exceeding three hundred Marks, but
whatever 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; but if any one has a Mind to write in from
ten to one, and from three to five in the Afternoon, he may do it by paying two
Schillings for each Sum; and it is alſo in the ſame Morning Hours, that a Perſon
may inform himſelf, whether the Sums due to him have been entered, which
he may alfo do from ten to one, on paying two Schillings Lubs to the Book-
keeper; to avoid which, there are many Merchants who agree with the Bank
for a yearly Stipend, to have the Liberty of writing into Bank at any Hour they
pleaſe, from ſeven to one, which is commonly from twenty to forty Mark Lubs,
according to the Extent of the Merchant's Buſineſs, and the Quantity of Affairs
he has to tranfact.

5
When
364
O F B A N K S,&C.

to
liſhman, and afterwards Comptroller General of the Finances) formed it, after
When any one has a Mind to open an Account with the Bank he muſt pay
fifty Rixdollars of three Marks, or forty-eight Schillings Lubs.
The Bank is fut every Year from the laſt of December to the fifteenth of
January following, and the Species that are commonly received in it are Rix-
dollars, with their Parts of Halves, Quarters, and Eights, which are generally
worth an Eighth, often a Quarter, and even ſometimes a Half per Cent. more
than the Money which is wrote by Notes into Bank; that is, if there is a
want of Rixdollars in Specie, an Eighth, Quarter, and as far as a Half, muſt
be wrote into Bank more than the Money received; but on the contrary, if one
has Caſh in Specie to put in, the Bank only makes good an Eighth and ſome-
times a Quarter per Cent. Benefit.
The Bank-Books and Writings are kept in Marks, Schillings, and Deniers
Lubs; and it is to be obſerved, that the fractions are never wrote under one
Schilling or fix Deniers.
Thoſe who have Effects in Jewels, Precious Stones, Silver, &c. and want to
raiſe money on them, may carry them to the Bank, where they are exactly in-
ventoried, a Loan is advanced at a very moderate Intereſt, and they remain de-
poſited as a Security for the Payment of Principal and Intereſt in fix Months,
which, if not complied with, the Things are fold at the Bar of the Bank to the
higheſt Bidder, after having advertiſed the Day of their Sale and Delivery,
Of the Bank of PARIS.
THE general Bank eſtabliſhed at Paris in 1716, and converted into the
Royal Bank in 1718, ſo nearly reſembles that of Amſterdam, in many of
its Obligations, and Articles of its Polity and Government, that in all Appear-
ance it was upon the Model of this, and that of Venice, that Mr. Law (an Eng-
having, however, added many Particulars of his own, to render its Utility
greater, and the better to ſecure both the publick and private Intereſt.
Mr. Law foon propoſed giving it the Name of the Bank Royal, that the Funds
ſhould be the King's, and that it ſhould be adminiſtered in his Name, and un-
der his Authority.
The Project of this new Eſtabliſhment having been examined by the Coun.
cil of the Exchequer, where many Bankers, Merchants, and Deputies of trad-
ing Towns reſiding in Paris, were called to aſſiſt in it, it was approved, and its
Execution reſolved on, though not under the King's Name, nor with his Majeſty's
Money, but under that of Mr. Law and his Partners, who were to ſupply
the Funds, and take care of their Adminiſtration.
The principal Motives to the Eſtabliſhment of this new Bank, were, that
it would augment the Circulation of Caſh; that it would make Uſury to ceaſe;
that it would ſupply the Carriages with Specie between Paris and the Provinces;
that it would facilitate to Strangers the Means of having their Effects ſecurely
in the Kingdom; and, in fine, that it would afford the People a greater Facility
in the Sale of their Commodities and Payment of their Impoſts.is torte
The Letters Patent, granted for the Election of the general Bank, are of the
2d of May, 1716, and regiſtered in Parliament the 4th of the ſaid month and
Year. They contain in ten Articles, the Conditions with which his Majeſty
permits Mr. Law and Company to make the Eſtabliſhment.
The iſt Article of theſe Letters grants an excluſive Privilege in Favour of
this Company, to eſtabliſh a general Bank in the Kingdom, and to have and
enjoy it during the Term of twenty Years, to commence from the Day of
regiſtering the
Patent, with Permiſſion to convenant, keep their Books, and make
their Notes payable in Specię, under the Title of Crowns of the Bank, which
ſhall be underſtood of Crowns of the Weight and Denomination of the pre-
ſent Currency, permitting likewiſe to every one, whether Subjects or Foreign-
ers, who hall contract with the Bank, to agree in the ſame Manner.
The ad Article frees the Bank from all Taxes and Impoſts, and diſcharges
the Stock, and the Sums in Caſh appertaining to Foreigners from the Duties
d'Aubaine, Confiſcations, and Letters of Repriſal, even in Caſe of War.


-
I
The
O F B A N K S, &c.
365

of Votes, which ſhall be counted, viz. a Vote for each Proprietor, who ſhall
The 3d Article regulates the Form of the Bank Notes, upon the Models
annexed to the Letters Patent; and ordains, that they ſhall be figned by Mr.
Law, with one of his Partners, and examined by the Inſpector.
The 4th Article directs that the Bank's general Cheſt ſhall be ſhut with
three Locks and Keys, of which one ſhall be in Mr. Law's Hands, another
in the Inſpectors, and the third given to the Director.
The 5th and 6th treat of the Regiſters, and by whom they are to be marked;
of the general Office to be eſtabliſhed at Paris, and of the Hours for its open-
ing and ſhutting daily.
The 7th Article ordains, that no Bank Notes ſhall be iſſued but what are
payable at Sight.
The 8th prohibits, on Pain of Death, the making or counterfeiting the
Bank Notes, Seals, or Stamps.
By the 9th, Monf. Philip, Duke of Orleans, Regent of France, is named
Protector of the Bank, with Power to exact an Account whenever he thinks
proper, to be rendered either to himſelf or thoſe he ſhall appoint; and the No-
mination of Inſpector, Approbation of the Regulations, and the Propoſals for
the Management of the ſaid Bank, are likewiſe reſerved to his Highneſs.
In fine, the roth and laſt Article declares, that by the Privilege granted to
Mr. Law and Company, his Majeſty does not intend to hinder in any Manner
the Bankers of the Realm, to continue their Commerce as uſual.
At the End of theſe Letters Patent, are the following three Models of the
Bank Notes, viz.
No.
Ten Crowns of Specie.
The Bank promiſes to pay the Bearer at Sight, ten Crowns of Specie, of the
Weight and Standard of this Day, value received at Paris, the
of
No.
An Hundred Crowns of Specie.
The Bank promiſes to pay the Bearer at Sight, an Hundred Crowns of Specie,
of the Weight and Standard of this Day, Value received in Paris, the
17
No.
A Thouſand Crowns of Specie.
The Bank promiſes to pay the Bearer at Sight, a Thouſand Crowns of Specie,
of the Weight and Standard of this Day, Value received at Paris, the
of
17
The general Bank having been ſo eſtabliſhed, in Confequence of the Letters
Patent, his Majeſty granted others on the 20th of the ſaid Month of May,
1716, regiſtered in Parliament the 23d following, to preſcribe the Form, Con-
ditions, and Rules which were to be obſerved in the Management and Admi-
niſtration of this new Bank, in Order that the Proprietors and the Publick might
equally find their Security in it.
Theſe Letters, in Form of Regulations, contained 21 Articles, of which I
ſhall only inſert here the principal ones.
The firſt fixes the Fund of the Bank to 1200 Actions, or Shares of 1000 Bank
Crowns each, importing fix Millions Ready-Money.
The fourth ordains that the Bank ſhall be every Day open from nine to
twelve, and from three to fix, excepting on Sundays and folemn Feaſts, and the
Days appointed for balancing the Bank
Books.
The lixth directs, that in the general Meetings of the Company (which, in
Conſequence of the 8th Article, they are to have twice a Year, on the 20th of
Yune, and of December, at ten in the Morning) all ſhall be decided by Plurality
have five Shares or more, but leſs than ten; two Votes for thoſe who have ten
and under fifteen Shares, and ſo from five to five; thoſe who have under five,
not having any Vote.
5 A
The
17

of

res of 1000 bar
366
Ò F B A N K S, &c. .
The ſeventh regulates the balancing at the Bank to twice a Year, the one in
the Month of June, and the other in the Month of December, when the Bank
ſhall be ſhut five Days, from the 15th to the 20th of both the ſaid Months.
By the 9th, noth, uth, 12th, and 13th Articles, the Cheſt of the Bank is
divided into general and ordinary, the general (where the principal Effects of
the Bank are encloſed, as the conſiderable Funds in Ready-Money, the Notes
figned, examined, and ſealed, as they go on making them, the returned ones ef-
faced by the Caſhiers, the Seal of the Bank, and the Plates with which the ſaid
Notes were imprinted) ought to be ſhut up with three Locks and Keys, of
which one ſhall be kept by the Director, another by the Inſpector, and a third
by the Treaſurer, ſo that it cannot be opened but in the Preſence of thoſe three
Perſons; and with Regard to the ordinary Cheſt, it ſhall be truſted to the
Treaſurer, on Condition, nevertheleſs, that the Funds put in and taken Care of
ſhall not exceed 200,000 Bank Crowns, of which the particular Cashiers ſhall
not have above 20,000 Crowns each at a Time in their Hands, and for which
they ſhall give a ſufficient Security.
In the 14th Article, the Regiſter for the Sale and Transfer of the Stock is
ſpoke of, in which the Seller ſhall ſign his Seal and Transfer.
The 16th and 17th permit the Bank to take the Charge of the Caſh of Par-
ticulars, as well in receiving as diſburſing, to make the Transfer of the Sums,
or their Payment in Ready-Money,' for five Sols for every Thouſand Bank
Crowns, as likewiſe to diſcount Notes, or Bills of Exchange, in the Manner
directed by the Company.
By the 18th Article, not to prejudice any Particulars, Merchants, Bankers,
or Traders, the Bank is prohibited to carry on any Commerce in Merchandize,
either by Sea or Land, or in the Maritime Inſurances; neither is it permitted
to take Charge of the Affairs of Merchants, on Commiſſion, either from within
or without the Kingdom.
The 19th, which is one of the moſt important, ordains, that the Bank ſhall
not make Bills payable at Time, but that all ſhall be payable at Sight, and that
it ſhall not lend at Intereſt, on any Pretext, or in any Manner whatſoever.
The two laſt Articles are concerning its private Government and Diſcipline,
as relating to viſiting the Cheſts, the Election to Places, the Power of the Coun-
cil of the Bank, to make particular Regulations for its Management and Ad-
miniſtration.
Two Months after theſe laſt Letters Patent, the King gave out a new Regulation
of the 25th of July, 1716, which ordained, that all the Endorſements which
ſhould be put on the Notes of the general Bank, ſhould not in the leaſt oblige
the Indorſers, unleſs they had agreed to the Guarantee, in which Caſe the Gua-
rantee ſhould ſubfiſt only for the Time mentioned in the Endorſement.
The general Bank beginning to be eſtabliſhed, and its Notes having already
a conſiderable Reputation both at home and abroad, the King, to advance its
Credit ſtill more, by an Arret of Council of the roth of April, 1717, ordained,
that the Bank Notes ſhould be received as Ready Money, in Payment of all
Sorts of Duties and Impoſts, in all the Offices of his Receipts, Farms, and
other Revenues; and that all his Officers, Farmers, Sub-Farmers, Receivers,
Commiſſioners and others, chargeable with the Management of his Revenue,
ſhall be obliged to diſcharge on Sight, and without any Diſcount, the ſaid Bank
Notes that ſhall be offered them, forbidding them to remit any part of the
Funds of their Receipts, in Bills of Exchange, or by Carriages, or to diſcharge
any Order for Payments, if it is not exceeding what they have in Caſh, after
having previouſly paid the ſaid Bank Notes.
The Bank was in this Situation, when the King, informed of the
Suc-
ceſs it had at Paris, in the Provinces, and even abroad, judged it more proper
for the Good of his Kingdom, and the Commerce of his Subjects, and to give
ſtill more Credit to the Bank, to perfect the firſt Deſign of eſtabliſhing it
, under
the Title of the Bank Royal, of which the Funds were to be furniſhed by his
Majeſty, and to be adminiſtered under his Authority.


great
In
Ο F Β Α Ν Κ S, &c.
367

By the
In this View his Majeſty publiſhed his Declaration the 4th of December, 1718,
where, after having repreſented the different Advantages, which the Eſtablish-
ment of this Bank had brought both to his Subjects, and Strangers, as (among
others) the Facility of conveying to Paris the royal Treaſure without Expence,
and without unfurniſhing the Provinces of their ready Caſh, and that private
People have of eſtabliſhing Funds in all parts of the Kingdom, and in foreign
Places; the Diminution of Uſury by Means of the moderate Intereſt for which
the Bank diſcount Bills of Exchange; the Sums that are lent to the Merchants
and Manufacturers; the Regulation re-eſtabliſhed in Trade, and in foreign Ex-
changes, and other ſimilar Advantages, cauſed by the general Bank ; his Majeſty
declares, that it was reſolved to continue it, under the Title of the Royal Bank,
and to have the Direction of it for the future carried on in his Name, and under
his Authority, having reimburſed the Concerned their Capital in effective
Money, and thereby being become the ſole Proprietor of all the Shares of the
ſaid Bank; and in fine, to explain his Intentions as well in Relation to the
future Management of the ſaid Bank, as the giving up its Accounts, his Majeſty
declared his Intentions in the ſeventeen ſubſequent Articles of Regulation.
Letters Patent of the ad and 20th of May, 1716, into a Royal Bank, the Ma-
nagement to commence in his Name, and under his Authority, from the iſt
of January, 1719, ſubject to the Orders of Monſeigneur the Regent, who is
the fole Difpofer.
By the ſecond, for the Funds of the Bank, the fix Millions of Livres
remain as before, the faid Sum being actually in the Cheſt of the general Bank,
in Notes of Shares of the Weſt-India Company, and appertaining to his Ma-
jeſty, for the Reimburſement made with Money to the Proprietors of the Bank.
The third eſtabliſhes a Director, ſubject to the Orders of Monſ. the Duke
of Orleans, and aſſigns an Inſpector, Treaſurer, and a Comptroller, and ſuch
other Officers as ſhall be judged neceſſary.
The fourth regulates the Functions of the Treaſurer, who ſhall receive all
the Funds brought into the Bank, fign alone all the Notes, which, however,
ſhall be examined by the Inſpector, and controlled by the Comptroller, make
all the Receipts and Diſburſements relating to the Bank, and thall only ac-
count to the Council, and to the Chamber of Accounts.
The fifth and ſixth ordain, that all the Notes that ſhall be made for the
future, ſhall be ſealed with a particular Seal, bearing the Arms of France, with
theſe Words Bank Royal ; that the Impreſſions ſhall only be made in the Office
of the general Caſh, where the Seal ſhall remain depoſited, and the ſaid Caſh
ſhall be ſhut as before, with three Keys, and not opened, but in the Preſence
of the Director, Inſpector, and Treaſurer, who ſhall be the Depoſitary.of
By the 7th, 8th, and 9th Articles, it is ſaid, that there ſhall four Regiſters be
kept, three for the Inſpector, Treaſurer, and Comptroller, for each one, for the
regiſtering the Notes, and the fourth only for the Treaſurer, which ſhall con-
tain the Benefits and Advantages ariſing from the Diſcounts of the Bills of Ex-
change, and other Operations of the Bank, which ſhall be examined, at leaſt,
every Week, by the Inſpector and Comptroller, the which four Regiſters ſhall
be marked by a Commiſſion of the Council
, named by his Majeſty, to whom it
Thall likewiſe appertain, to make the Viſits, Examen, and Verification of the
ſaid Regiſters, and of the Caſh, &c. The ſeventh Article ordaining beſides,
that no Notes ſhall be made, but in Conſequence of the Arrets of Council, in
Virtue of which, the ſaid Notes may be made to the Bearer's Choice, either
in Crowns of the Bank, or Livres Tournois.
The 10th Article ſpeaks of the Salaries and Charges of the Adminiſtration,
and appoints who ſhall direct them, who pay them, who ſhall be account-
able, and to whom.
The 11th, 12th, 13th, 14th, and 15th Articles, explain the Manner in which
ſhall be drawn up the verbal Proceſs of the Effects of the late general Bank,
and by whom. The Obligation of the Inſpectors, Treaſurers, and Comptrollers,
in Regard of the Extracts, Deeds, and Copies of their Regiſters, which they are
3
obliged



368
Ο F Β Α Ν Κ S, &c.

obliged to furniſh yearly to the Clerk, or Regiſtery of the Chamber of Accounts,
of the true State on which the Treaſurer accounts yearly to the Council, and
afterwards to the ſaid Chamber of Accounts, one Year after another : Of the
36,000 Livres, ſettled for Fees, Faſhions, and Vacations of the ſaid Accounts;
and in fine, how theſe Accounts are drawn up, how many Chapters there
ought to be of Receipts and Payments, and what each Chapter contains.
The 16th Article, to eſtabliſh better Order, and put the Bank in a Condi-
tion to render to the Concerned the Value of the Notes which they may have
loſt or torn, declares, that the Notes of the Bank ſhall be proſcribed after five
Years from the Date, in Caſe no Demand has been made on the Treaſurer,
during that Time.
In fine, his Majeſty, having by the 16th Article of the Letters Patent of the
20th of May, 1716, permitted the general Bank to take Charge of the Calh
of Particulars, as well in receiving as paying, his ſaid Majeſty approves and de-
clares, by the 17th and laſt Article, that the Royal Bank Thould enjoy the ſame
Faculty, but without any Profit, and without the Concerned's paying the five
Sols per Thouſand Crowns, which had been granted to the Bank of Mr. Law;
and his Majeſty alſo ordains, that the faid Accounts in Bank cannot be ſeized,
on any Pretext whatſoever, even for his own Concerns or Money, unleſs in
Caſe of Failure or Bankruptcy, when he permits it on the Terms of the iſt Ar-
ticle of the '11th Title of the Edict of March, 1673; or in Caſe of Deceaſe,
to arreſt and ſeize in the Hands of the Bank, the Funds, which Bankrupts or
Defuncts may have diſcounted on the Books, in which Caſe of Seizure, the Bank
ſhall only be obliged to notify it to the Diſtrainers, in eight Days from that of
the Seizure, at the Place by them elected, and this by a ſimple Declaration,
figned by the Treaſurer, and reviſed by the Inſpector and Comptroller, what
is due to the Perſons, upon whom the Seizure has been made; the whole con-
formable to the 12th Article of the Edict of the Month of December, 1717,
granted in Favour of the Weſt India Company : His Majeſty, moreover, con-
firming the Letters Patent of the 2d and 20th of May, 1716, and the Declara-
tion of the 25th of July following, ordaining that they ſhould be executed, ac,
cording to their Tenour and Form, in which nothing is derogated or innovated
by the preſent Declaration,
This Declaration not having been regiſtered in Parliament, his Majeſty or-
dered (by an Arret of Council, of the 27th of December, of the ſaid Year 1718)
all Intendants and Commiſſaries, diſpoſed in all the Provinces and Generalities,
of the Juriſdiction of the Parliament of Paris, and to ſend to the Bailiwicks,
Seneſchal's Precincts, and Royal Tribunals of their Diſtricts, to have it read,
publiſhed, fixed up, and regiſtered, jointly with the other Letters Patent, De-
claration, and Arrets, bound together under the Counter Seal of the Chancery,
This laſt Arret of Council, directed to the Intendants, contains, beſides the
abovementioned Orders, eight Articles of Regulations, of which ſome regard
the Polity and Government of the Royal Bank, and others the Payments which
are made in Braſs and Copper Money, or in the Species of Gold and Silver.
In Regard to the Adminiſtration, it is ordained, firſt, that on the iſt of
March, of the following Year 1719, beſides the general Office at Paris, there
Thall be eſtabliſhed in the Cities of Lyons, Rochelle, Tours, Orleans, and Amiens,
a particular Office of the Bank, compoſed of two Cheſts, the one in Silver, for
to diſcharge at Sight the Notes that ihall be preſented, and the other in Notes,
to furniſh thoſe who aſk for them.
1. Whereas the Bank Notes will be always paid at Sight, it is forbid to
Notaries, Bailiffs, and Huiſſiers (Officers) to make any Proteſt, or other Acts,
againſt thoſe who offer the faid Notes in Payment, in thoſe Places,
where
there is an Office of the Bank erected, except that in any of the
ſaid Bank Cities,
it ſhould happen that the ſaid Notes were not paid immediately at Sight; in
this Caſe the faid Officers are permitted to proteft, and to make any Acts to that
Purpoſe, as they ſhall ſee Cauſe.de 124
ton
For what concerns the paying in Braſs or Copper
Money, the Regulation di-
rects, Firſt
, that in the City of Paris, and thoſe others, where the Royal Bank
5




all
Thall
O F B A N K S; &c.
369
ſhall have its Offices, theſe Spécies, and ſmall Coin, ſhall not be given or
taken, but in Payments, not exceeding fix Livres, except for a Balance.
2dly, That in the ſaid Cities, the Silver Coins ſhall not be given or taken in
Payments, which exceed the Sum of fix Hundred Livres, except for Balances;
and the Sums that exceed this, ſhall be paid in Gold or Bank Notes.
In fine, to put a Stop to the Abuſes which are cominitted in the Payments
of Silver Species, under the Pretence of the Bag Duty, it is enjoined that
henceforward, the Bags of Silver ſhall only contain Goo Livres complete, with-
out being permitted to put in any ſmall Money, or that any Thing ſhall be re-
tained for the Bag, except in the Bank Offices, where the Commiſſioners ſhall
be allowed to detain four Sols for each Bag of fix hundred Livres that they ſhall
pay in Specie; the ſaid Commiſſioners being equally obliged to make good the
ſaid four Sols to thoſe who ſhall bring the Bags of Silver to the Bank.
The Credit of the Bank Royal being conſiderably increaſed ſince the firſt
Months of its Eſtabliſhment, the King, to give it ſtill more Reputation, and
facilitate its Adminiſtration, and the Circulation of its Notes, iſſued many new
Arrets; and among others, one of the 5th of January, another of the 11th of
February, a third on the ift of April, and a fourth on the 22d of the ſame
Month, 1719, concerning the making of the Bank Notes ; the total of the ſaid Fa-
brication; their different Values; the Quantity and the Numbers of each Sort of
Notes; the Regiſters that are to be drawn up, and the Manner in which the
Payments are to be made.
Of theſe four Arrets, I ſhall only give here the Extract of the laſt; his Ma-
jeſty (as is expreſſed in the Motives to the Arret) being pleaſed to join or reduce
all the Regulations iſſued ſucceſſively touching the Bank Notes and the Order
of their Payments into one.
This Arret of the 22d of April, 1719, which contains ten Articles, ordains,
iſt; That the Arret of Council of the 5th of January, of the ſame Year in
that which concerns the Compoſition of twenty-five Regiſters, containing each
eight hundred Notes of a hundred Crowns of Specie, of the Weight and
Standard of this Day, making two Millions of Crowns, and the Sum of twelve
Millions of Livres; ſhall remain unexecuted.
2d, That there ſhall be made fixty Regiſters, containing each 800 Notes of
1000 Livres, numbered from 48,001 to 96,000 incluſive, making the Sum of
forty-eight Millions; and thirty Regiſters, containing 1000 Notes, each of
100 Livres, numbered from 100,001 to 130,000 incluſive, making the Sum of
three Millions, and the total joined to that of the preceding Arrets, making that of
110 Millions; of which his Majeſty ordains that there ſhall be reſerved ten Mil-
lions, not to be delivered, but to replace the Notes of the ſame Nature which
fhall return in indorſed, and conſequently uſeleſs.
“ There was made in Conſequence of the preceding Arrets, as far as fifty-
“ nine Millions of Notes in Livres Tournois, viz. twelve Millions of Notes of
1000 Livres, and fix Millions of Notes of 100 Livres, by the Arret of the
“ 11th of February; and twenty Millions likewiſe of Notes of 1000 Livres,
« and a Million of Notes of 100 Livres, by the Arret of the iſt of April.”
3d, That the Bank Notes agreed in Livres Tournois, ſhall not be ſubject to
the Diminutions which may befal the Species, and that they ſhall always be
paid to the full, and entirely.
4th, That conformable to the Arret of the 10th of April, 1717, the Bank
Notes ſhall be taken in the Receiver's, and other Offices, in Payment for his
Majeſty's Duties; and the Receivers and Commiſſioners of the ſaid Offices ſhall
be obliged to change in the Species of Gold and Silver, all the ſaid Notes that ſhall
be offered them, as far as the Funds which they ſhall have in Caſh will admit.
5th, That in the Cities where the Bank has Offices, the Creditors may de-
mand of their Debtors, the Payment of their Debts, of whatſoever Nature they
are, in Bank Notes; without their being conſtrained to receive any Part in
Specie of Gold or Silver, except the Balances.
6th, That in the ſaid Cities, where there are of theſe Offices, thoſe that are
entruſted with the Receipt and Management of the Royal Revenue, Thall have
5 B
their


370
O F B A N K S, &c.
their Caſh in Bank Notes, and in caſe of a Diminution of the Species, they
ſhall bear the Loſs of thoſe which ſhall be found in their faid Caſh.
7th, That in the ſaid Cities, no Farmers, Directors of the Poſts, Maſters of
Coaches, or other Carriages and their Conductors, ſhall load any Species for
Tranſportation to other Places, where there are likewife Offices of the Bank;
except it be for the Bank's Service, of which they ſhall take a Certificate.
8th, No Payments ſhall be made in Silver, but with the 60o Livre Bags, and
that nothing ſhall be retained for the Bags, except the four Sols granted only to
the Bank of Caſhiers.
9th, That the Species of Braſs and Copper ſhall neither be given or taken in
Payments that pafs fix Livres.
19th, In fine, that the Diſputes, Oppoſitions, or Impediments to the Execu-
tion of the preſent Arret, ſhall be reſerved to his Majeſty and Council of State;
the Cognizance thereof being forbid to all other Judges. It is moreover ordained,
that Patterns ſhould be publiſhed of the different Species of Bank Notes,
Thoſe Bank Notes are of three Sorts; ſome of iooo, others 100, and others
again of 10 Livres.
The Notes of 1000 Livres are wrote in round Hand, thoſe of 100 Livres, in
baſtard Letters, and them of 10 Livres, in the ſame, only in a ſmaller Character.
The Margin of each Note is bordered with a Vine Branch of a ſoft Impreſſion;
in the Body of the Paper upon which the Notes are printed, there are theſe
Words, Billet de Banque (Bank Note) in Room of the Paper-maker's Mark, and
at the Bottom of each Note is the Impreſſion of the Seal.
The three Sorts of Bank Notes being libelled in the ſame Manner, except in
the Sums, which are different, it will ſuffice to give only one Model here.
Model of the Bank BILLS.
No.
a Thouſand.
a Hundred Livres Tournois.
Ten.
The Bank promiſes to pay the Bearer, at
fa Thouſand.
Sight a Hundred Livres Tournois in Specie of
Ten.
Silver, Value received in Paris the
Vii (ſeen)
Controlled.
The Bank continuing to gain Credit, there was yet another Fabrication of
Bills made by an Arret of the 10th of June, amounting to fifty Millions, of which
forty-eight Millions were in Notes of 1000 Livres, and two Millions in Notes
of ioo Livres.
Theſe hundred and fixty Millions not being ſufficient, as the Credit of the
Bank continued to augment ſo much, the laſt was ordained in the Month of
Yuly, of two hundred and forty Millions; viz. two hundred Millions in Notes
of a thouſand Livres; thirty Millions, in Notes of a hundred Livres; and ten
Millions, in Notes of ten Livres ; making in all, with the preceding Fabrica-
tions, four hundred Millions, to which the Bank Notes remained then fixed.
Of theſe two hundred and forty Millions, forty Millions were deſigned
diſtributed in the City of Paris, a hundred Millions in the provincial Ofices of
the Bank; and the other hundred Millions were reſerved to furniſh thoſe that
ſhould return in the Notes endorſed.
The Arret of the 25th of July, 1719, which decreed this numerous Fabrica-
tion of Bank Notes, and regulated their Deſtination, ordained beſides.
That there ſhould be immediately eſtabliſhed by the Director of the Bank,
particular Offices in every City of the Kingdom, where there are Mints, except-
ing the City of Lyons,
That

to be
Ô F B A N K S, &c.
371
That in each of the ſaid Offices, there ſhall be a Caſh in Notes, to furniſh
thoſe that demand them; and Caſh in Silver, to pay at Sight, and Gratis, the
Notes that ſhall be preſented.
And that from the Day of opening the ſaid Offices, it ſhall be permitted to
the Creditors to exact from their Debtors their Payment in Bank Notes, even in
the Caſe where the Notes gain upon the Species; his Majeſty excepting never-
theleſs from this laſt Diſpoſition, the Bills drawn from foreign Parts, or endorſed
there, which ſhall continue to be paid, confor:nable to the Arret of Council of
the 27th of May, of the ſaid Year 1719.
Theſe three Articles of Adminiſtration having already been begun, in the De-
claration of the 4th of December, 1718, by the Converſion of the general Bank into
the Bank Royal, and in Arrets of Council of the 27th of the ſaid Month and
Year, and on the 22d of April, 1719, but it is only properly by this laſt Arret of
the 25th of July, that the Eſtabliſhment of the Bank Offices, and the Privileges
of its Notes, have received all their Perfection.
The four hundred Millions of Bank Notes, made to the Month of July, 1719,
having been preſently exhauſted by the great Circulation which was made of them
in Trade, as well at Paris as in the Provinces, it became neceſſary to think of an
increaſe; to facilitate to the Publick a Buſineſs fo commodious.
Theſe Fabrications were three in Number, all (as the preceding ones) made in

1

the Year 1719.
20:12
The Fabrication of the 12th of September; conſiſted in a hundred and twenty
Millions, diſtributed in twenty Regiſters, containing each fix hundred Notes of
ten thouſand Livres per Note, numbered from 1, to 12,000.
The ſecond, of the 24th of Oktober, is in every Thing ſimilar to that of Sep.
tember, for the Number of Regiſters, Quantity and Value of Notes, and the Sum
Total of a hundred and twenty Millions; theſe laſt beginning at No. 12,001, to
No. 24,000, incluſive:
The third of theſe laſt Fabrications is of the 29th of December, and the greateſt,
not only of the two preceding ones, but even of all thoſe, which had been made
to that Time, its Total amounting to three hundred and fixty Millions, diſtributed
in four Claſſes of Notes of ten thouſand Livres, a thouſand Livres, a hundred
Livres, and ten Livres, viz.
In Notes of ten thouſand Livres, twenty Regiſters containing fix hundred
Notes each; of which ten Regiſters are engraved in the common Form, and
numbered from 24,001, to No. 30,000, and the ten others are printed, and the
Notes numbered from i, to 6000, making together the Sum of a hundred and
twenty Millions.
In Notes of a thouſand Livres, a hundred and ninty-four Regiſters, containing
each eight hundred Notes, of which eighty Regiſters are engraved, and the Notes
numbered from 344,001, to No. 408,000, and the other one hundred and fourteen
are printed, and the Notes numbered from i to No. 91,200, making together the
Sum of a hundred and fifty-five Millions, two hundred thouſand Livres.
In Notes of a hundred Livres, feven hundred and twenty-eight Regiſters, con-
taining each a thouſand Notes; of which fifty Regiſters are engraved, and the
Notes numbered from 450,001, to No. 500,000, and the other ſix hundred ſe-
venty-eight are printed, and the Notes numbered from 1, to 678,000, making
together the Sum of ſeventy-two Millions eight hạndred thouſand Livres.
In fine, in Notes of ten Livres, twelve hundred Regiſters all printed, contain-
ing each a thouſand Notes, numbered from 1, to No. 1,200,000, making the Sum
of twelve Millions:
It is then a thouſand Millions of Notes which the different Fabrications made
ſince the Bank's Eſtabliſhment to the End of the Year 1719, amount to, and
muſt henceforward make its capital Funds; and theſe with the current Coin
having appeared ſufficient for the Circulation of the Kingdom, his Majeſty de-
clares by the faid Arret of the Month of December, that no more ſhall be made
for the future, except the Quantity of printed Notes, that ſhall be neceſſary to
replace thoſe indorſed and cancelled.
It

4
372
OF B A N K S, & c.
İt is for the execution of this Reſerve of replacing the Notes, that by an
Arret of Council of the joth Day of February, 1720, a new, and the laſt Fabri-
cation of two hundred Millions of Notes has been ordained, with a Prohibition
to the Treaſurer General, to employ them for other Uſes, than to replace the
Notes which ſhall be returned endorſed.
Theſe new Notes, which are all to be dated from the iſt of January, 1720;
are diſtributed only in three Claſſes; viz. in Notes of ten thouſand, one thouſand,
and a hundred Livres.
The Regiſters for the Notes of ten thouſand Livres, are to the Number of
thirty-three, containing each ſix hundred printed Notes, numbered from 6001,
to 25,800, amounting to the Sum of a hundred and ninty-eight Millions.
For the Notes of a thouſand Livres, there are no more than two Regiſters
containing each eight hundred printed Notes, numbered from 91,201, to No.
92,800, making the Sum of a hundred and fixty thouſand Livres.
In fine, four Regiſters are deſtined for the Notes of an hundred Livres, each
Regiſter containing a thouſand printed Notes, numbered from 678,001, to No.
682,000, making the Sum of four hundred thouſand Livres.
It ſhould be remarked, that the Bank Notes of ten Livres (of which there is
no Mention made in the Arret, becauſe it was not cuſtomary to endorſe them;
by Reaſon of their Smallneſs) were afterwards ſuppreſſed, in Order to bring more
ready Money into Trade, and yet futurely to re-eſtabliſh them, when the Utility
of them ſhould be better known, as ſhall be mentioned in what follows.
The Arret in which the Suppreſſion of thefe ſmall Notes was at firſt ordered,
is of the fame Month of February, 1720, and it appears, that this it was which
gave to the Royal Bank its ultimate Form, and entire Perfection, at leaſt for its
Management, in confirming its Union with the India Company.
S. A. R. Monſeigneur the Duke of Orleans, the Regent, being at the gene-
ral Aſſembly of this Company, held at the Bank the 22d of February, and this
Union which he propoſed in the King's Name, having been accepted, his Majeſty
regulated the Conditions by the Arret of the 23d, which, in twelve Articles
contains (beſides what concerns the Bank) the Confirmation of all that was pro-
poſed by S. A. R. and accepted by the Company in the Aſſembly of the preceding
Day.
The Diſpoſitions of this Arret, which fix the Conditions of the Bank for the
future, are principally thoſe of the four firſt Articles, and of the laſt, and there-
fore ſhall be the only ones mentioned here,
By the firſt, His Majeſty gives the Government and Adminiſtration of the Bank
to the India Company, for all the Term remaining unexpired of the ſaid Com-
pany's Privilege, and grants to it all the Profits and Benefits of the Bank, even
thoſe made ſince its Converſion into the Royal Bank.
The ſecond declares, that the Bank remains a Royal Bank, and his Majeſty
continues reſponſible to the Publick for the Value of its Notes, as the Company
does to the King for the Adminiſtration and Management of it, for which the
fixteen hundred Millions it lent his Majeſty, remains a Pledge, with Prohibition
to the Directors, not to make any new Bank Notes, but in Virtue of an Arret of
Council.
It is ordained by the third, that the Company ſhall account for what is re-
ceived and paid, by a brief and true State, as well to the Council, as to the
Chamber of Accounts, in Conformity with the Declaration of the 4th of De-
cember, 1718.
The fourth, forbids the Company to exact any more than five per Cent, which
had been granted to the Bank upon the Silver brought into its Offices, nor to
receive or pay the Species, but at the current Price, his Majeſty ordering more-
over, that for the future, only three Sorts of Notes ſhould be delivered, viz. of
ten thouſand, of a thouſand, and of a hundred Livres; and in Regard of the ten
Livre Notes, that they ſhould yet be received for two Months, at the Offices of
Receipt and Cuſtoms, or be paid in Specie at the Bank Ofices, which the Bearer
choſe.
66 This



1
0 F B A N K S, &c.
373
“ 'This Suppreſſion of the ten Livre Notes, did not only take Place, as has
“ been ſaid already, but new ones were made, to cut down thoſe of ten thou-
fand, nevertheleſs, without this Fabrication's increaſing, the total Number
“ of Bank Notes mentioned here before, the cut Notes of ten thouſand Livres
having been cancelled and put out of the Commerce.”
In fine, by the eleventh and laſt Article, the Comptroller General of the Fi-
nances is named by his Majeſty Inſpector-General of the India Company, and
Bank; and his faid Majeſty ordered Mr. Pelletier de la Houlaye, Counſellor of
State in Ordinary, and the Provoſt of the Merchants of Paris, aſſiſted by two of
the ancienteſt Eſchevins then in Poſt, with the Judge, and the firſt Conſul of
the Conſular Juriſdiction, to viſit the Caſh and Books of the Bank four Times a
Year, and oftener if they think it proper, without being obliged to give any
Warning.
The Arret of the 19th of April, 1720, juſt now ſpoke of, concerning the Sup-
preſſion of the Bank Notes of ten thouſand Livres, and the Fabrication of
others of a thouſand, a hundred, and ten Livres, to be ſubſtituted in their
Room, imports, that the King being informed that it was convenient for the Eaſe
of Commerce, to augment the Number of the thouſand, hundred, and ten Livre
Bank Notes, and to direct the bringing in thoſe of ten thouſand Livres to be cut
down, ordained, that the Bank Notes of a thouſand, a hundred, and ten Livres,
1hould be made for four hundred and thirty-eight Millions, viz. three hundred
Regiſters of Notes of a thouſand Livres; each Regiſter containing eight hundred
printed Notes of a thouſand Livres each, numbered from 212,801, to No.450,800,
making the Sum of two hundred and forty Millions; a thouſand eight hundred
and ten Regiſters of a hundred Livre Notes, containing a thouſand printed ones
each, numbered from 682,001, to No. 2,492,000, making the Sum of one hun-
dred eighty-one Millions: and one thouſand ſeven hundred Regiſters of ten Livre
Notes, numbered from 1,200,001, to No. 2,900,000, making the Sum of ſeven-
teen Millions; and in the whole, that of four hundred and thirty-eight Millions,
the which joined to that of ſeven hundred and ſixty-two Millions, in ſimilar
Notes of a thouſand, a hundred, and ten Livres, till then made, ſwells the total
Sum to twelve hundred Millions. His Majeſty moreover ordaining, that in three
Months, the ten thouſand Livre Notes ſhould be brought into the Offices of the
Bank at Paris, and in the Provinces, to be cut in Notes of a thouſand, a hundred,
and ten Livres.
The Publick, which ſince the Bank's Eſtabliſhment had been always fearful
of loading itſelf with the Notes, being, in fine, recovered from its Apprehen-
ſions, began to favour it; and both at Paris and in the Provinces, the moſt repu-
table Merchants already preferred them to Payments in Specie; and it was com-
mon to ſee them gain one, and one and a half per Cent. When an Arret of the
Council of State appeared on the 21ſt of May, 1720, which ordained the Reduc-
tion of the Notes, to a Moiety, on the Terms directed in the ſaid Arret, in order
to put them on a Par with the Silver Species, of which the Diminution had alſo
been ordered by a preceding Arret, and that it was to be effected in the remaining
Part of the ſaid Year 1720.
Although this Reduction of the Notes ſeemed abſolutely neceſſary, that the
Motives explained by the Arret were urgent, and well founded; and that the
Execution had been concerted and ordered, with all the propereſt Precautions
and Regard, to hinder the Public from feeling all the Burthen of this Diminu-
tion; yet the King having been informed, that, contrary to his Intentions, this
Reduction had produced a general Confuſion in Commerce: and, willing to
favour the Circulation of the Bank Notes, to the Advantage of thoſe who paid
and received them, his Majeſty ordered, by an Arret of the 27th of the ſaid
Month and Year, that the Bank Notes ſhould have, and continue always to have,
a Currency upon the ſame Footing, and for the fame Value, as before the Arret
of the 21ſt, which he revoked.
His Majeſty, in the Month of June following, publiſhed an Edict, for the
Creation of twenty-five Millions of Rent upon the City of Paris, of which the
Capitals ſhould be paid in Notes and Receipts that ſhould be cancelled. This
5 C
demonſtrated


e .com
374
OF B A N K S; &c.
/
demonſtrated and confirmed, that after other Openings, to get rid of the ſaid
Bank Notes, by diminiſhing their too great Number, and reducing them to
the neceſſary Quantity, to ſupport the Credit and Commerce of the Bank, it,
ſhould be put upon the Foot of the Banks of Venice, London, Amſterdam, and of
other Cities of Europe, where they are eſtabliſhed, of which all theſe Nations
have for ſo long a Timne found the Utility and Convenience.
The total Suppreſſion of the Notes of the Royal Bank, having, in fine, been
judged neceſſary to the State, his Majeſty, being informed that Commerce
could not longer ſubſiſt without the Circulation of the Specie, upon Account of
the Abuſe which the Uſurers and Stockjobbers had introduced into the Buſi-
neſs or Trade of Bank Notes, which they had almoſt entirely diſcredited, or-
dained this Suppreſſion by an Arret of Council, of the oth of O&tober, 1720,
nor leaves them longer current than to the iſt of November following, but
granting, to the laſt of the ſaid Month, to thoſe who found themſelves burthen-
ed, the Openings ſpecified in the faid Arret, which I ſhall give here entirely,
on Account of the Importance of the Matter.
Arret of the King's Council of State, ordering a Supprefion of the Bank Notes of
the 10th of October, 1720.
HÉ King having made to be repreſented in his Council, the State annex.
to ,
engraved as printed, that have been made in Virtue of the different Arrets ; up-
on its Receipt, his Majeſty learnt, that the whole of the ſaid Notes of all sorts
amounted to the ſum of two thouſand fix hundred and ninety-fix Millions four
hundred thouſand Livres, of which Quantity of the ſaid Notes, there has been
converted, of thoſe of a thouſand and ten thouſand Livres, the ſum of two hun-
dred Millions, into Notes of a hundred, fifty, and ten Livres, in form of Di-
viſion only; without any Augmentation of the total Sum, and this in Execution
of the Arrets of the 26th of June, 2d and 19th of September laſt; that of the
ſaid ſum Total of the ſaid Bank Notes there has been burnt in the Town-
Houſe of Paris, the Value of ſeven hundred and feven Millions three hundred
and twenty-ſeven thouſand four hundred and fixty Livres, according to the ver-
bal Proceſſes, that have been drawn up, as well by the Commiſſioners for this
deputed by his Majeſty, as by the Provoſts of the Merchants and Sheriffs of
the faid City, dated the 28th of June, iſt, gth, 16th 23d, and 30th of July,
6th, 20th, and 29th of Auguſt, all laſt paſt; beſides which Quantity of Notes
burnt, there has been carried to the Royal Treaſury, for the Acquiſition of per-
petual Annuities, or for Life, more than five hundred and thirty Millions; to
the Bank's Caſh, more than two hundred Millions, to have open Accounts
there, according to the Arret of the 31ſt of July laſt, and for about ninety
Millions in the different Cheſts of the India Company, Bank, and Mints, for
the Payment made in Specie, all which Notes will be inceffantly burnt in the
Town-Houſe of Paris, as ſoon as the ſaid Commiſſioners of the King ſhall have
finiſhed the verbal Proceſs, ſo that there remains no more Bank Notes in Trade,
than for the Sum of one thouſand one hundred and ſixty-nine Millions, ſeven-
ty-two thouſand, five hundred and forty Livres, to call in which Sum, beſides
that which remains to make up, in Notes of Funds of the twenty-five Millions
of Annuities, created by Edict in June laſt, there ſhall yet be extinguiſhed four
hundred Millions for the Capital of the eight Millions of Annuities, at twelve
and a half per Cent. created in Auguſt laſt, upon the Impoſts of the Provinces
of the Kingdoms, and a hundred Millions for the Capital of the four Millions of
Annuities on Livres, at fix per Cent. created by Edict alſo laſt Auguft; and that
which ſhall not have been carried to the ſaid Openings, may be either employed
in an Acquiſition of the Tenths of Shares, according to the 8th Article of the
Arret of the 15th of September laſt, amounting to four hundred Millions, or
be carried to the Mints, according to the ſaid Edict of the Month of September,
or remain Annuities under the King's Guarantee. And as by all theſe Diſposi-
tions his Majeſty has given to the Bank Notes, Openings ſuitable to the differ-


ent
O F B A N K S,
&c.
375
make;
ent Views of his Subjects, beyond even what is neceſſary to aboliſh the ſaid
Notes; that beſides thoſe of a hundred, fifty, and ten Livres, which have ſtill
a Currency in Commerce, according to the preceding Arrets they are ne-
vertheleſs fallen into ſuch Diſcredit, that they have no longer a Value as Specie,
and that they are not regarded, only in Reſpect to the Employs which they can
ſo that the few Payments, which are yet made with the ſaid Notes, only
ſerve to hinder the Circulation of the Silver ; to ſupport the high Price of Pro-
viſions and Merchandize; and to introduce or perpetuate an Infinitude of Abuſes
in Trade, which can only ceaſe by re-eſtabliſhing the Payments in Specie; his
Majeſty has therefore thought proper to ordain it, in a convenient Time, by de-
creeing it to begin from the firſt of January, of the preſent Year, to pay off in
this Manner the Arrears of all the Rents that it owes, together with the Penſions,
Wages, Maintenance, Charges, and Expences, of whatſoever Nature they be;
for which it being neceſſary to provide, his Majeſty in Council, having heard
the Report, by the Advice of Monſ. the Duke of Orleans, Regent, ordained,
and does ordain what follows, viz.
1. The Bank Notes ſhall not, from the iſt of November next, be either given
or received in Payment, on any Cauſe or Pretext whatever, except by a mutual
Conſent, to which Purpoſe his Majeſty has derogated, and does derogate from
the 3d and 4th Articles of the Arret of Council of the 15th of September laſt.
2. Nevertheleſs, his Majeſty wills, that from the Day of the Publication of
the preſent Arret, there ſhall no Bank Notes be taken in the Offices of the Re-
ceipts and Farms, even for the Duties and Impoſts due before the Publication
of the faid Arret; and that the ſaid Duties, and Impoſts of what Sort and Na-
ture foever they be, ſhall be entirely acquitted in Specie, with the Exception
however of the Sums due, as well for the ſaid Duties and Impoſts, as other-
wife, before the ift of January laſt, the which may be paid to the iſt of Dea
cember next, in Bank Notes of a hundred, fifty, and ten Livres.
3. His Majeſty alſo wills, that the Rents, Penſions, Appointments, Wages,
and other Sums which remain to be paid by his Majeſty, on the Expences of
the preſent Year, 1720, be diſcharged in Specie, and that the Sums due for
the Years antecedent to the preſent, ſhall be only paid in Bank Notes of a hun-
dred, fifty, and ten Livres.
4. The Dividends due by the India Company, to the iſt of January next,
ſhall be paid in Bank Notes of a hundred, fifty, and ten Livres; and in Regard
of the Arrears, as well of the Rental Shares, as of the Annuities due by the
ſaid Company, his Majeſty wills, that they be paid in Specie, to commence
from the iſt of July laſt.
5. His Majeſty permits the Bearers of the Bank Notes of a hundred, fifty
and ten Livres, to place them to the laſt of November next, incluſive, in the
Employs by it directed; after which Time, what ſhall remain of the ſaid Notes,
are only convertable, in Rental Axtions (or Shares) or in Tenths of the Shares,
mentioned in the 8th Article of the Arret of Council of the 15th of September
laſt. And the preſent Arret ſhall be read, publiſhed, and fixed up, wherefoever
need be; and for the Execution hereof, all Letters requiſite ſhall be diſpatched.
Done at the Council of State (his Majeſty being preſent) held at Paris the
10th Day of O&tober, 1720.
Signed PHELIPEAU.
int
One of the principal and laſt Openings, and it may be ſaid the moſt conve-
nient to Trade and Traders, was, without Doubt, the Eſtabliſhment of open
Accounts and Transfers, ordered by the Arret of the 13th of July of the
fame Year, 1720.
From the firſt Erection of the general Bank, this Eſtabliſhment was thought
of, and by the 16th and 17th Articles of the Letters Patent of the 20th of
May, 1716, it was permitted to that Bank to take Charge of the Caſh of
Particulars, as well in Receipts as Payments, and to transfer ſome, which
was equally granted and confirmed by the Declaration of the King of the 4th
of December 1718, by which his Majeſty honoured it with the Title of Bank-
Royal


2
376
OF B A N K S, &c.
Royal, and to ordain that for the future, the Management ſhould be made in
his Name, and under his Authority.
It is true, that the Bank had not yet made Uſe of its Privilege, and that if
fome Individuals had carried their Funds to its Caſh, this was rather by Way of
Depoſit, than to have open Accounts, and to make Transfers, in which it muſt
be owned, that the French Bank has been very inferior to foreign ones, which,
by the Operations of their Accounts and Transfers, have placed a Facility and
Security in their Commerce, and among their Merchants, of which it is aſto-
niſhing there has yet no Notice been taken in France, where, particularly for a
Century paſt, ſo many Eſtabliſhments advantageous to Trade, and thoſe con-
cerned in it, have been made.
It is then altogether, and for to ſink fix hundred Millions of Bank Notes,
and to make the French Merchants enjoy the Advantages that the neighbour-
ing States have been uſed to find in their open Accounts and Transfers, that his
Majeſty ordained by his Arret of Council, of the 13th of July, 1720, that there
ſhould be Books opened, as well at Paris, as in the principal Cities of the
Kingdom, conformable to what is obſerved in the Countries where ſuch Eſta-
bliſhments are made, and according as it is more amply explained, by the eigh-
teen Articles of the ſaid Arret, of which follows an Extract, as well as of the
Inſtructions drawn up in Conſequence, to facilitate the Execution.
The iſt Article of the Arret ordains, that there ſhall be opened, at the Of-
fice of the Bank at Paris, the 20th of the ſaid Month of July, and the 20th
of Auguſt following, in all the Cities of the Kingdom where there are Mints,
and in all thoſe where it ſhall be judged neceſſary to make ſuch Eſtabliſhments,
a Book of Accounts Current, and Transfers, of which the Funds ſhall not ex-
ceed fix hundred Millions.
2. That upon the ſaid Funds of ſix hundred Milions, there ſhall be reſerved
three hundred Millions for the provincial Cities.
3. That the Funds of three hundred Millions, for Paris, ſhall be made in the
Bank there, in Bank Notes of ten thouſand, and a thouſand Livres only, which
ſhall be received by the Bank's Treaſurer, cancelled by him in the Preſence of
the Bearers, and then burnt, in the Manner preſcribed by the Arret of the 11th
of J une foregoing, and the Bearer ſhall be credited the Import of the ſaid Notes.
4. That the Funds of the three hundred Millions, reſerved for the Provincial
Cities, ſhall be made in ſuch Notes as the aforementioned, before the Directors
of the Mints in the ſaid Cities, to be by them cancelled in the Preſence of the
Bearers, and afterwards ſent to the Treaſurer of the Bank at Paris, where they
ſhall be burnt, in the manner mentioned in the preceding Article.
5. That the ſix hundred Millions, which are to compoſe the Funds of the
ſaid Accounts and Transfers, ſhall be granted in Livres Tournois, and cannot
be ſubject to any Variation, whatever Diminution may happen in the current
Value of the Species.
6. That all the Bills of Exchange, and Notes of Hand of five hundred Livres,
or above ; likewiſe the Sales of Merchandize in Groſs, in the Cities where the
Books of Accounts current and Transfers are eſtabliſhed, ſhall be acquitted by
Draughts on Pain of Nullity of Payment, and of five hundred Livres Mulet for
the Bank, as well againſt the Creditor as Debtor.
7: That thoſe who have accounts in Bank, in any of the Cities mentioned
in the iſt Article, and would make Payments in ſome others of the ſaid Cities,
may do it by Transfers from City to City.
8. That the Funds of his Majeſty's Subjects put in Bank, ſhall not be ſubject
to any Seizure, not even for the proper Money and Affairs of his Majeſty.
9. That Strangers may have Accounts current in Bank, which alſo Thall not
be ſubject to any Seizure or Confiſcation, under Pretext of War, Repriſals,
or Eſcheatage, nor on the Part of their Creditors.
10. That the Draughts may be negociated againſt current Money, whatever
Sums they may amount to.
11. That the Provoſt of the Merchants of the City of Paris, aſſiſted by the
oldeſt Eſchevin of the Mercantile Order, ſhall have the general Inſpection of the
Draughts,
0 o
&c.
F B A N K S,
377
Draughts, endorſe and mark the Regiſters, which they ſhall order to be laid
before them whenever they think proper.
12. That the Management of the ſaid Draughts, ſhall be by four Directors,
under the Orders of the Comptroller General, who ſhall be named by his Majeſty,
and ſhall take their Oaths before the ſaid Provoſt of the Merchants.
13. That the general Balance of the Books ſhall be made twice a Year, viz:
in December and Fune, for which Purpoſe the Books ſhall be ſhut from the 20th
to the End of the ſaid Months, during which Time no Proteſt ſhall be made
againſt Bills of Exchange or Notes of Hand; his Majeſty decreeing, that the
Proteſts made in three Days after the Opening of the Bocks, ſhall have the
ſame Effect, as if they had been made at the Time of their falling due, happen-
ing when the Books were ſhut.
14. That for the Security and Preſervation of the Draughts, the Books ſhall
be kept double, by the Book-keepers and their Comptrollers, and depoſited in
different Places.
15. That thoſe who ſhall have Payments to make in Bank, ſhall carry a Note
figned by them to the Book-keepers; or if they cannot carry it, they ſhall ſend it
by their Attorney, or ſome other with a Power, both of which to be in the
following Form:
FORM OF
THE DRAUGHT.
66
Effieurs the Directors of the Bank, pay to Mr.
the Sum of
Value
66 at
the
66 thouſand ſeven hundred
M
Day of
one
FORM OF
THE POWER.
ac
I
The Underwritten, give Power to Mr.
to carry for
me to the Book-keepers of the Bank, the Draughts that I ſhall give upon
“ the Caſh that I have in Account current, and to get them paſſed to my Debit,
" and to the Credit of thoſe to whom I ſhall have affigned the Sums, directed
by the ſaid Draughts; as alſo, I authorize him to demand of the Book-keepers
“ ſuch Sums, as fhall have been paid to my Credit by my Debtors. Made
the
one thouſand ſeven hundred

at
Day of
16. That all thoſe who have an Account open with the Bank, ſhall be obliged
to ſign in the Margin of the Folio, where their Account has been opened.
17. That in Caſe any Merchant draws upon the Bank, beyond the Credit he
has there, he ſhall be obliged to pay, by Way of Muldt, five hundred Livres to
the Advantage of the Bank.
18. In fine, if there happens any Diſputes in the Execution of the preſent
Arret, they ſhall be determined by the Conſular Judges, and by Appeal to the
Council, his Majeſty forbidding the Hearing to all his Courts and Judges.
The following Inſtruction, drawn up to facilitate the Execution of the
pre-
ceding Arret, is in Part conformable to what is practiſed in the Bank of Venice,
and in thoſe of Amſterdam and Hamburgh, whereof I have before ſpoke; and in
Part compoſed of the Operations, which are only proper and ſuitable to the Bank
Royal of France.
Ás this Matter is in ſome Sort entirely new to the French Merchants, particu-
larly to thoſe who have never engaged in a foreign Trade, the Author of the In-
ſtructions has entered into a grand Detail, but to neceſſary and inſtructive, that
it has been thought difficult to abridge it, without retrenching fomething uſeful;
ſo that it is given here entire, except the Model of the Accounts current, whoſe
Form being known to every Merchant, they are omitted to be inſerted here.

5 D
INSTRUCTIONS
378
80.
Ο F Β Α Ν Κ 9,
INSTRUCTIONS on the Manner that Accounts current are opened in the Bank, and
how Transfers are made.
TH
HERE ought to be no more than one ſingle Book for the Accounts in Bank,
but with as many Parts of Articles as is neceſſary; each Part ſhould only
contain about two hundred Leaves, the which ſhould be numbered, viz. the firſt
Part from 1 to 200; the ſecond part from No. 201 to 400, and ſo on after
another:
Each Book-keeper ſhould only have about two hundred Accounts, and theſe
the Directors ſhould diſtribute; having Regard that thoſe which occaſion moſt
Writing, be ſo divided among the Book-keepers, that one may not have more
Work than another, and this as equally as poflible.
Each Book-keeper is to have his. Comptroller, that is to ſay, that the Comp-
troller ought to have the Counter-Part of the ſame Book, as the Book-keeper,
and with the ſame Folios, ſo that when the Book-keepers enter a Sum on an
Account, the Comptroller ſhall write in the ſame Sum, in the ſame Order, to
the End that they may always agree the one with the other; ſo that they ought
every Evening before they retire, to examine and compare the Sums wrote in,
that by this Means they may prevent all Errors.
Every Evening, the Comptrollers ought to carry their Books to a ſeparate
Place from the other Books, which ſhall be appointed them for this Purpoſe,
to guard them from Accident, which may be occaſioned by Fire or other-
wiſe.
For the Draughts, a Commiffary ſhall be appointed, who every eight Days
ſhall take them from the Book-keepers, to put them according to the Order of
their Dates on Files, and then into a ſecure Place, that they may be guarded
againſt Fire, and that Recourſe may be had to them in Caſe of Need.
The Bank ſhall be open every Day, except Sundays and Feſtivals, from eight
to eleven in the Morning, and from three to fix in the Afternoon.
Thoſe, who would have an Account in Bank, ſhall carry their Notes there, and
the Treaſurer, or he that ſhall be appointed for it, ſhall give them a Receipt,
which they ſhall deliver to the Directors, who ſhall order an Account to be
opened for them, and credit them, the Amount of the Receipt in their Preſence.
For Example; Peter would have a Credit in Bank for 120,000 Livres, James
for 80,000, and Paul for 50,000, and each having delivered the Value in Bank
Notes to the Treaſurer, he ſhall give them in Return his Receipt, which they
are to deliver to the Directors, who in their Preſence ſhall open Accounts, and
credit them the Sums which per contra are to be debited Calh.
Fol. I. Account of the general Caſh.
Viz.
Fol. 2. Account of Peter.
Fol. 3. Account of James.
Fol. 4. Account of Paul.
Peter and the others ought to take a Note of the Folio, where their Accounts
are entered, in order to put the ſame Folio on their Draughts, when they would
pay, or have large Sums wrote into Bank.
In Regard to Payments or Transfers, which ſome of the Concerned would
make to others, it ſhall be done as follows:
Viz. Peter is to pay James a Sum of 3000l. for Value received in Merchan-
dize; the Day that he is to make the Payment, he muſt carry or ſend to the Book-
keeper, by his Attorney, a Note in the following Form:

Fol. 2. for 3000l.
MEſſeurs of the Bank Royal, pay to James, three thouſand Livres, for Value re-
ceived in Merchandize. At Paris, the 20th of July, 1720.
Peter.
The Folio 2, directs the Book-keeper to Peter's Account, which he debits the
3000l. and by the Regiſter of the Alphabet, he will find the Folio of James's
Account, which he will credit for the ſaid 3000l.
2
Viz.
O F B A N K S, &c.
379
Viz. Fol. 2. Account of Peter.
Fol. 3. Account of James.
The next Day, James muſt go to the Bank, or ſend the Perſon impowered by
him, to demand whether Peter's Sum has been credited him, and the Queſtion
is to be propoſed in this Manner, by James, Fol. 3. of Peter, three thouſand Livres;
and if the Book-keeper. finds the Sum wrote in, he replies, by Peter, three
thouſand Livres.
If James would pay that Day any Sum, he delivers at the ſame Time his
Draughts to the Book-keeper, in the Form mentioned above, to avoid returning
or ſending that Day to the Bank.
All Bills of Exchange of 500 Livres or upwards, drawn from foreign Parts,
ſhall be paid in Bank, viz. a Bill of two thouſand Livres drawn from Amſterdam
upon Paul, at Sight, of which Peter is the Bearer, who muſt preſent the faid Bill
to Paul, who finding it good, and deſigning to pay it, Peter writes on the Back-
ſide of the Bill, pay on my Account in Bank, the Contents on the other Side. At
Paris, the
The ſame Day Paul ought to carry or ſend a Note to the Bank, in the follow-
ing Form:
Fol. 4. for 2000l.
MElieurs the Directors of the Bank Royal, pay to Peter, two thouſand Livres,
for Value received in a Bill, drawn on me from Amſterdam. At Paris, the
20th of July, 1720.
Paul,
The next Day Peter ſhould go to the Bank to know whether Paul has paid in,
that in Defect thereof, he may uſe his Diligencies.
If Peter will not truſt Paul with the Bill acquitted, he may deliver it to the
Book-keeper, who keeps Pauls Account, to give it up to Paul when he has
paid it.
The ſame ſhall be done with Promiflary Notes, whether payable on Demand,
or at Time.
And the ſame ſhall be obferved with Bills of Exchange at ſome Days Sight,
or at different Uſances, of which the Acceptance ſhall be as common, but the
Morning they fall due, the Bearer ought to ſend them to the Accepters endorſed,
pay on my Account in Bank, and it will be managed as has been mentioned for
Bills at Sight.
The provincial Cities, where the Bank has Offices, ſhall act in the ſame
Manner.
And all thoſe Cities, where there is an Office of the Bank, muſt correſpond
with one another, for Payments, which Merchants, or others who have Ac-
counts in Bank, want to make. For Example, Peter of Paris would remit to
Claude of Lyons, fix thouſand Livres; and James would remit to John of Lyons,
four thouſand Livres, and others, the ſame, which is to be done in the following
Manner.
Fol. 2. for 6oool.
MEffieurs the Directors of the Bank Royal
, pay to Claude at Lyons, fix thouſand
Livres, for Value in Account ; at Paris, the 20th of July, 1720.
Peter,
And fames muſt act in in the ſame Manner, to make his Remittance of 40001.
to John at Lyons.
The Book-keepers, after having debited Peter and James the aforementioned
Sums, and credited the Bank Office of Lyons therewith, ſhall deliver a Note to
the Directors, that they may ſend a Minute thereof to Lyons, that Credit may be
given to Claude of 6oool, and to John of 4000l, which Minute ſhall be made in
the ſubſequent Form.
Fol.
380
OF B A N K S, &c.
Fol.
5.
for 10,000l.
MEleurs the Directors of the Bank Royal Ofice at Lyons, pay to the fol-
lowing,
To Claude, Value of Peter
60ool.
To John, Value of James
4000l.
10,000l:
For the Sun of ten thouſand Livres.
Examined by an Inſpector, and ſigned by a Director.
The Directors take Care to ſend the aforeſaid Minute by the firſt Poſt to Lyons,
and the Director of the Bank Office there, in Reply, will acknowledge the Re-
ceipt of the ſaid Minute, by making mention of the Sums and Contents, and
that he has given Credit to the ſaid Perſons.
Fol. 2. Account of Peter.
Viz. Fol. 3. Account of James,
Fol. 5. Account of Lyons.
At Lyons they ſhall act in the ſame Manner for the Sums, which thoſe who
have Accounts in Bank would remit to Paris. For Example, Claude of Lyons
would remit two thouſand Livres to Peter at Paris ; and John of Lyons, three
thouſand Livres to fames at Paris, which is done in the following Manner, viz.
Claude carries to the Bank Office of Lyons his Draught, that the Director may
pay to Peter at Paris two thouſand Livres, and John does the ſame for the Pay-
ment of three thouſand Livres to James at Paris, of which the Director of the
Office there muſt ſend a Minute to the Directors of the Pariſan Bank, in the
following Form:
Fol. 5. for 5,000l.
Mieurs the Directors of the Bank Royal at Paris, pay to the following
Perſons.
To Peter, Value of Claude
2000l,
To James, Value of John
3000l
5000l.
For the Sum of five thouſand Livres.
At Lyons, the 20th of July, 1720.
Examined by the Inſpector, ſigned by a Director. Der
The Directors ought to credit Peter and James, the Sums mentioned in the
Minute from Lyons, and Debit the Bank Office there, the total Sum.
Fol. 2. Account of Peter.
Viz. Fol. 3. Account of James.
Fol, 5. Account of Lyons.
The Directors of the Bank at Paris ſhall acknowledge to thoſe at Lyons, the
Reception of the Minute, and make Mention alſo of the Sum and Contents, and
that they have given Credit to thoſe mentioned therein.
And as the Bank acts with its Office at Lyons, and with the Bank at Paris, the
Operations muſt be the ſame with all other Cities where Bank Offices are eſta-
blished, ſo that thoſe who have Accounts in Bank, may remit what Sums they
pleaſe, to any of the Cities in the Kingdom, where the Bank has Offices, without
any Riſque or Charge, provided always, that the Sum drawn does not exceed
their Credit in Account.
The fame Tranſactions may be performed from one provincial City to another,
where there are Bank Offices, according to the Example from Paris to Lyons;
the Offices of Bank muſt ſend ſimilar Minutes to every place, that thoſe who have
Accounts in Bank want to remit to,
3
The
OF B A N K S, E c.
381
The Directors of the provincial Bank Offices ſhall alſo make their Balance
in the Time preſcribed by the Arret of Council before-mentioned, and ſhall
ſend a Copy to the Directors of the Bank at Paris, ſigned by the Inſpector and
Comptrollers.
The Book-keepers ſhall be obliged to ſend every Evening to thoſe who deſire
it, a Note of all the Sums that have been paid or wrote in for them, or of Re-
mittances that have been made on their Accounts from any of the Provinces.
For which Purpoſes there ſhall be paid to the Book-keeper, by thoſe who have
deſired the ſaid Note, fifty Livres per Ann. above which they thall not exact any
Thing; and this Sum Thall be given to the Directors, who ſhall divide it equally
among the Book-keepers.
However ſerviceable the Eſtabliſhment of Bank Accounts appeared at firſt,
the Succeſs did not anſwer the Expectations that had been conceived of it; on
the contrary, it occaſioned Abundance of Confuſion in the interior and exterior
Commerce of the Kingdom. The Public put very little Confidence in them,
becauſe of the Impoflibility of converting them into Calh; and feared, that the
ſaid Accounts thould become obligatory for the Payment of all Sorts of
Debts.
Theſe Inconveniencies having appeared greater than the Advantages which
were expected from it; and a mort, but ſure Experience, having made it appear,
that the French Merchants would be with Difficulty accuſtomed to this Com-
merce of Draughts, though ſo uſeful to their Neighbours, his Majeſty, always
attentive to the greateſt Eaſe and Good of his Subjects, found it proper to ſup-
preſs the Bank Accounts by an Arret of the 26th of December, 1720; directing
at the ſame Tiine the Employment and Uſes to be made of the Sums which had
been brought in.
The Execution of this Arret having given Birth to a variety of Diſputes,
about the Payment of the Agreements, and Tranſactions, made in Bank
Draughts, before their Suppreſſion; his Majeſty, to ſtop and prevent them,
publiſhed a ſecond Arret of the 21ſt of January, 1721, by which, after having
again confirmed the ſaid Suppreſſion of the Bank Accounts, it ordains among
other things:
Įſt. That it ſhall not be futurely permitted to give the ſaid Draughts in Pay-
ment, even by mutual Conſent; his Majeſty declaring, nevertheleſs, that the Of-
fers made of them in Court, or in a juſtitiary Way, before the Publication of the
preceding Arret, ſhould be valid. 2dly. That the Notes of Hand, and others,
payable in old or new Bank Draughts, thould henceforward only be paid in
Specie. 3dly. That the Valuation of the ſaid Draughts ſhould be regulated,
by regarding what the Bank Accounts ſhall loſe, at the Time of tranſacting the
ſaid Bank Notes, and this in Relation to the Species of Gold and Silver of the
then Currency.
This Arret has yet ſome other Difpofitions, but leſs important, and,
In fine, to terminate entirely the Affair of Bank Accounts, the King, by a
third Arret of the 14th of February, 1721, confirms the Employs of the ſaid
Accounts already indicated in the Arret of the 26th December, 1720, viz. in
Annuities upon the Aids and Gabelles, in Rents upon the Tailles and other Im-
poſts, created by Edict of the preceding Month of Auguſt, in the Rental Shares
upon the India Company, and preſcribes, more particularly, the Form in which
the ſaid Employ, and the Certificates of the Directors of the ſaid Bank Accounts,
may be made.
I have now finiſhed my intended Account of foreign Banks; and in Compli-
ance with my Promiſe, ſhall proceed to that of our own, previous to the few
comparative Remarks I have to make on the Difference of tranſacting Affairs
between them,
Of the Bank of ENGLAND.
THIS Bank, though not ſuppoſed fo rich as that of Amſterdam, is full as fe-
chants and Traders, than they are in the other: It was eſtabliſhed by Charter
from
5 E
382
Ο F B A N K S, &c.
5 and 6 Will.
and Mar.
S. 18.
S. 19
S. 20.
S. 22.
from his Majeſty King Will. III. in Conſequence of an Act of Parliament, paffed
in
5 Will. and Mar. Cap. 20. and continued by the ſeveral ſubſequent Acts, viz.
Every Year, beginning from the iſt of June, 1694, the Sum of 140,000l. out
C. 20. S. 17.
of Monies to ariſe by Duties of Tonnage, ſince expired, and by an Exciſe on Beer,
Sc. hereby granted (being a Moiety of the Rates granted by 2 Will. and Mar. St. 2.
Cap. 10.) mall be a yearly Fund for the Annuities in the Act mentioned, and
for the Purpoſes hereafter expreſſed, and any Deficiences to be fupplied out of
the unappropriated Revenues.
For railing 1,200,000l. Part of 1,500,000l. granted by the Act, the yearly Sum
of 140,000l. Thall be kept apart in the Receipt of Exchequer, and paid as in the
Act is directed.
Their Majeſties, by Commiſſion under the Great Seal, may appoint Perſons
to take Subſcriptions on or before the firſt Day of Auguſt, 1694, by any Perſons,
Natives, or Foreigners, &c. for raiſing and paying into the Receipt of the Exche-
quer 1,200,00ol. Part of the Sum of 1,500,000l. and the yearly Sum of
100,000l. Part of the ſaid yearly Sum of 140,000l. Ihall be applied to the Uſe
of ſuch Perfons, as fhall make ſuch Subſcriptions and Payments in the Propor-
tion hereafter mentioned, viz. each weekly Payment ſhall, by the Auditor of
the Receipt, be divided into five-ſeventh Párts, and two-ſeventh Parts, which
five-ſeventh Parts are appropriated towards the Payment of the ſaid yearly Sum
of 100,000l. and ſhall be paid to the Contributors, raiſing the Sum of
1,200,000l.
Their Majeſties, by Letters Patent, may appoint in what Manner the ſaid Sum
of 1,200,000l, and the ſaid yearly Sum of 100,000l. or any Part thereof, may
be transferred to ſuch Perſons as ſhall accept of the ſame, and incorporate ſuch
Subſcribers, to be one Body Corporate, by the Name of The Governor and Com-
pany of the Bank of England, and they ſhall be capable to purchaſe and retain
Lands, &c.
The Commiſſioners of the Treaſury, &c. are required, without further War-
rant, to direct their Warrants yearly, for the Payment of the ſaid 100,000l. to the
Contributors of the ſaid 1,200,000l, and the Auditor of Receipt of the Exche-
quer, and all other Officers of the Exchequer, are enjoined to iſſue the faid Mo-
nies without Fee, and under the Penalties inflicted upon any Officer for divert-
ing any Money appropriated by this Act.
The Corporation ſo to be made, ſhall not borrow under their Common Seal,
any further Sum than 1,200,000l. ſo that they ſhall pot, at any one Time, owe
more, unleſs by Act of Parliament, upon Funds agreed in Parliament; and if
any more ſhall be borrowed under the Common Seal, every Member of the ſaid
Corporation ſhall, in their private Capacities, be liable in Proportion to their fe-
veral Shares, to the Repayment of ſuch Monies, with Intereſt; and in ſuch
Caſe, an Action of Debt may be maintained in any of the Courts of Record at
Weſtminſter, by the Creditors, to whom any ſuch Security, under the Common
Seal of the Corporation, ſhall be made, againſt all, or any of the Members of the
Corporation, in Proportion to their Shares, wherein Judgement may be recover-
ed, as if Security were given in their private Capacities, any Agreement to the
contrary notwithſtanding.
The Corporation ſhall not trade, or ſuffer any Perſon in Truſt for them to
trade, with any of the Effects of the Corporation, in the buying or ſelling of any
Merchandiſe or Goods; and every Perſon ſo trading, or by whoſe Order ſuch
Trading ſhall be made, ſhall forfeit treble the Value of the Goods and Merchan-
diſe traded for, to ſuch Perſon as will ſue for the ſame in the Courts of Record at
Weſtminſter.
But the Corporation may deal in Bills of Exchange, and in buying or ſelling
Bullion Gold of Silver, or in ſelling Goods mortgaged to them, and not redeem-
ed within three Months after the Time, or ſuch Goods as ſhall be the Produce of
Lands purchaſed by the Corporation.
All Bills obligatory and upon Credit, under the Seal of the Corporation, may,
by Endorſement thereon under the Hands of the Proprietors, be aſſigned, and
the Aflignee may ſue in his own Name.
If
S. 26.
S. 27:
S. 28.
S. 29.
3
OF B A N K S, &c.
383
9
Will
S. 20.
If the Governor, or other Members of the Corporation to be eſtabliſhed, S. 30.
(hall, upon Account of the Corporation, purchaſe any Lands or Revenues be-
longing to the Crown, or lend to their Majeſties, their Heirs, or Succeſſors, any
Money by Way of Anticipation on any part of the Revenue, other than ſuch
Part only on which a Credit of Loan ſhall be granted by Parliament, then the
ſaid Governor or Members ſo conſenting to lend, being thereof lawfully convicted,
ſhall forfeit treble the Value of ſuch Sum fo lent, whereof one fifth Part ſhall be
to the Informer, to be recovered in any Court of Record at Weſtminſter, and the
Reſidue to be diſpoſed of by Parliament,
Amerciaments, Fines, and Iſſues againſt the ſaid Corporation, upon Account S. 31.
of any Suits to be brought againſt them, ſhall not be pardoned; and if ſuch be
eſtreated into the Exchequer, the Officers of the Exchequer, who are to pay the
yearly Sum of a hundred thouſand Pounds, may, out of that, detain ſo much as
the ſaid Amerciaments, Fines, or Iſſues amount unto.
If any Perſon ſhall obtain a Judgement againſt the Corporation, and ſhall S. 32.
bring Execution thereupon unto the Officers of the Exchequer, then the ſaid
Officers are required to pay the Sum in the Execution mentioned, to the Plain-
tiffs or their Afligns; and the ſaid Officers may detain ſo much of the yearly Sum
of a hundred thouſand Pounds as the Debt ſhall amount unto.
Any Member of the Houſe of Commons may be a Member of this Corpora- S. 33.
tion, notwithſtanding Stat. 5 and 6 Will. and Mar. Cap.7.
The preſent Stock of the Bank of England ſhall be enlarged by new Subſcrip- & and
tions.
III. Cap. 20.
Before ſuch Enlargement, the Stock ſhall be computed by ſeven of the pre- 5.21.
fent Members, and leven of the new. Subſcribers; and if the clear Stock amount
not to one Million two hundred thouſand Pounds, the old Members to make it
up in Tallies, Orders, Bank-Bills, or Notes; but if it exceed one Million two
hundred thouſand Pounds, then the Surplus to be divided among the old
Members.
Seven Commiſſioners, appointed by his Majeſty for that Purpoſe, ſhall take S. 22.
ſuch new Subſcriptions before the 24th of June, 1697:
Four-Fifths of each Subſcription, ſhall be, at the Time of ſubſcribing, an- S. 23.
fwered by Tallies and Orders, upon the firſt, third, or fourth Aid of four Shil-
lings per Pound, the quarterly Poll, Three-fourths of the Cuſtoms, the Salt Act,
Two-Thirds of the additional Exciſe, the additional Impofition, the Stamp Act,
the three hundred thouſand Pounds per Ann. on Tonnage and Poundage, the
Duties on Marriages, Births, Burials, &c. on Wines, Vinegar, and Tobacco, &c.
and joint Stocks, &c. on Low Wines, &c. on the fix thouſand Pounds per
Week out of the Exciſe, or the five hundred Pounds per Week out of the Poſt
Office; and the other fifth Part in Bank Bills or Notes.
After the 24th of June, 1697, Intereſt of eight per Cent. per Ann. ſhall be S. 24.
allowed for the Tallies and Orders ſo ſubſcribed, out of the Funds granted by
this Act, viz. the Tonnage and Poundage; the Duties on Wine and Vinegar, granted
by Stat. 1 Jac. II. Cap. 3. The Duties on Tobacco and Sugar, By i Jac. II. Cap. 4.
the additional Impoſitions on Goods and Merchandiſes, by 2 Will. and Mar. Stat 2.
Cap. 4. and 4 and 5 Will. and Mar. Cap. 5. the Stamp Axt, 5 and 6 Will. and
Mar. Cap. 21. and the Duty on Houſes, by 7 and 8 Will. Cap. 18.
The Intereſt payable to the Bank upon ſo many Tallies or Orders as the Bank S.25.
is already poſſeſſed of, whereof the Principal ſhall be equal to the ſaid fifth Part
ſubſcribed in Bank Bills or Notes, ſhall be likewiſe augmented to eight per
Cent.
The new Subſcribers ſhall, after the ſaid 24th of June, be Members of, and S. 26.
united to, the Bank of England.
During the Continuance of this Bank, no other Bank, or Fellowſhip in Na- S. 28.
ture of a Bank, ſhall be erected, or permitted by Act of Parliament.
The Intereſt due on Tallies and Orders, ſubſcribed into the Bank, ſhall be S. 29.
accepted as fo much Principal Money.
The Bank may borrow by Bills (over and above the one Million two hundred S. 30.
thouſand Pounds, to which they were at firſt limited) any Sum not exceeding
the
384
O F B A N K S, &c.
$. 31.
S. 32•
S. 33
S. 34•
S. 35.
S, 36.
S. 37
S. 38.
the Sum ſubſcribed, under an Obligation of paying the ſaid Bills in Money upon
Demand; and in Default thereof, on Demand made at the Bank between nine
and twelve in the Forenoon, and the Default proved by Affidavit in Writing be-
fore one of the Barons of the Exchequer, the ſaid Bills to be paid at the Exche-
quer, out of the firſt Money due unto the Bank, other than the Fund of a hun-
dred thouſand Pounds per Annum ; but theſe Bills ſhall be diſtinguiſhed from the
Debts contained within the ſaid one Million two hundred thouſand Pounds, and
expreſſed to be made by Virtue of this Act.
The Capital Stock and Fund of the ſaid Bank ſhall be exempt from Taxes.
After completing of the ſaid Subſcriptions, the Intereſt of all Tallies and Or-
ders ſubſcribed, together with the ſaid hundred thouſand Pounds per Ann. ſhall
be applied to the Uſe of the Members of the Bank, proportionably to each
Member's Share therein.
The Stock of the Bank ſhall be accounted a perſonal, and not a real Eſtate,
and ſhall go to Executors, and not to Heirs.
No Contra& or Agreement, either by Word or in writing, for buying or
ſelling of Bank Stock, ſhall be good in Law or Equity, unleſs it be regiſtered
in the Books of the Bank within leven Days, and the Stock be transferred
within
fourteen Days.
No Act of the Bank ſhall forfeit the Stock thereof, but the ſame ſhall be
ſubject to their Debts.
It ſhall be Felony without Benefit of the Clergy, to forge or counterfeit the
common Seal of the Bank, or any ſealed Bank Bill, or any Bank Note, or to al-
ter or eraſe any ſuch Bills or Notes.
The Officers of the Exchequer ſhall keep Account of all Monies appropriated
to the Bank, either upon the Fund of a hundred thouſand Pounds per Ann. or
any other Parliamentary Funds, or for Tallies belonging to the Bank; and ſhall
duly direct, record, and make Payment thereof, under the Penalty of Loſs of
Place, Incapacity, and double Damages.
The Monies ariſing by the Continuation of the Subſidy of Tonnage and
Poundage, &c. of Wines, Vinegar, and Tobacco, &c. by the additional Im-
poſitions on Goods and Merchandiſes; by ſtamped Vellum, &c. by Marriages,
&c. and by the Duties on Houſes, from the Times that the ſaid Duties are le-
verally continued as aforeſaid, till the firſt of Auguſt, 1706; and by the Surplus
of the Duties on Wine, Vinegar, and Tobacco, &c. over and above the one
Million five hundred thouſand Pounds Credit given thereupon, and the Intereſt
thereof ariſing by the Act 7 and 8 Will. III. Cap. 10. continued till the 29th of
September, 1701; and alſo on Houſes (after the Repayment of ſeven thouſand
three hundred and eighty-two Pounds, eleven Shillings and four Pence, borrowed
thereon, by 7 and 8 Will. Cap. 18. and the Intereſt thereof; and of all the Bills
figned at the Mints for the Six-pence per Ounce upon Plate, brought in between
the 4th of May, 1696, and the 4th of November, 1696) granted for ſeven Years,
from the 25th of March, 1696; and upon Salt, &c. (after the Repayment of one
Million ſeven hundred and twenty-four thouſand Pounds, borrowed thereon,
and the Intereſt thereof) ariſing by the Act 7 and 8 Will. III. Cap. 31. Thall be
the general Fund for making good the particular Funds in this Act expreſſed,
and ſhall be applied accordingly.
The Monies ariſing by the ſaid general Fund, after the 28th of June, 1698, as
well by the ſaid Duties on Houſes, and additional Impofitions, as for the ſaid
Duties on Vellum, &c. continued from the 28th of June, 1698, to the firſt of
Auguſt, 1706, and for Tonnage and Poundage, &c. continued from the 25th of
December, 1699, to the ift of Auguſt, 1706, and for Marriages, &c. and for
Wines, Vinegar, Tobacco, &c. continued from the 28th of September, 1701, to
the ift of Auguſt, 1706, and by the ſaid Surplus on Wines, Vinegar, and Tobacco,
&c. and on Salt, &c. ſhall be applied towards Principal and Intereſt of the ſaid
firſt, third, and fourth Aids of four Shillings per Pound; the quarterly Poll; the
Three-Fourths of the Cuſtoms; the Duties on Salt, &c. the Two-Thirds of
the additional Exciſe; the additional Impoſitions; the Duties on Vellum,
&c. on Marriages, &c. on Wines, Vinegar, and Tobacco, &c. and the three
4
hundred
9.41.
OF B A NK S, E C.
385
-
hundred thouſand Pounds per Ann. out of Tonnage and Poundage, in Proportion
to the reſpective Deficiencies, as computed in this Act. And every twenty-
eight Days, an Account ſhall be made up at the Treaſury, of all the Monies
brought in, applicable to the ſaid deficient Funds, which ſhall be applied pro-
portionably, as well to the Bank of England, as other Perſons entitled to Principal
and Intereſt thereon.
Out of the ſaid general Fund the Intereſt due to the Bank ſhall be made up s. 43.
eight Pounds per Cent.
Where any Revenue is appropriated by Parliament
for Repayments in Courſe, s. 44.
the ſame ſhould be paid accordingly; but the new Funds in this Act ſhall be
applied as hereby preſcribed.
In Caſe of Judgement of Forfeiture given againſt the Bank, the yearly Pay- S. 45.
ments out of the Exchequer, and all the Eſtate belonging to the Bank, ſhall be
veſted for three Years in twenty-four Perſons, to be choſen by the Bank, who
Thall have Power to receive the Monies due to the Bank, as if no ſuch Judgement
had been given; and to pay and diſcharge the Debts and Contracts, due at the
Time of ſuch Judgement; after which, the Surplus ſhall be divided amongſt the
ſeveral Members; and then the ſaid yearly Payments ſhall be veſted in the par-
ticular Members, in Proportion to a Liſt thereof, to be made up by the faid
Truſtees, and ſhall be aſſignable in a Book to be kept by the Auditor of the
Receipt.
The Bank may employ a Clerk to copy the Docquets of any Extents, Judge- S. 46.
ments, &c. in any of the Offices of Record at Weſtminſter, paying as for a Search
only.
No Member of the Bank ſhall be adjudged a Bankrupt, by Reaſon of his Stock S. 47.
in the Bank, nor ſhall the Stock be ſubject to foreign Attachnient.
The Monies received out of the Exchequer for the Bank, ſhall be divided S. 48.
among the Members proportionably, for their particular Uſe.
The Debts of the Bank ſhall never exceed their Capital Stock, under Penalty S. 49.
of ſubjecting the ſeveral Members, ſo far as their Dividends received will extend,
to ſatisfy the Debts to any Perſon, who may recover the ſame with treble
Coſts.
If the ſaid Funds for Intereſt Thall appear inſufficient, they ſhall be made up S. 50.
of ſuch Aids, &c. as ſhall be granted in the then next Seffion of Parliament; and
if upon the firſt of Auguſt, 1706, or within three Months after, the Produce of
the foveral Aids, &c. ſhall not be ſufficient to diſcharge the Principal and Intereſt
intended to be diſcharged by this Act, the ſame ſhall be ſupplied out of ſuch
Aids, &c. as ſhall be granted the next Seſſion of Parliament.
In all future Elections, not above Two-thirds of the Directors of the preced- S. 52.
ing Year ſhall be choſen.
The Bank of England ſhall make Dividends of the Monies which ſhall be re- 9 and 10 W.
ceived by them, by Virtue of the Tallies and Orders which have been ſubſcribed
S. 4.
into their Stock, purſuant to the above Act 8 and 9 Will. III. Cap. 20. once in
every fix Calandar Months at leaſt.
The Governor and Company of the Bank of England, until they ſhall be repaid 12 and 13W.
all Monies which they ſhall lend upon this A&, for or in Part of 420,000l. be-5.. Cap. 12.
ing the laſt Part of 820,00ol. authoriſed to be borrowed on the weekly Payment of
3,700l. out of certain Branches of Exciſe, with Intereſt for ſuch 420,000l. after
the Rate of ſeven per Cent. Ihall not be obliged to make Dividends of the Mo-
nies to be received by them, by Virtue of any Tallies or Orders ſubſcribed into
their Stock, in Purſuance of the above Act 8 and 9 Will. III. Cap. 20. but at
ſuch Times only as ſhall be ordered by a general Court.
During the Continuance of the Bank of England, it ſhall not be lawful for any 6 Ann. Cap.
other Body Corporate, or for other Perſons united in Partnerſhip, exceeding
the Number of lix, in England, to borrow Money on Bills or Notes payable at
Demand, or at leſs Time than fix Months. This Clauſe is repeated in Stat. 7.
Ann. Cap. 7. S. 61. and Stat. 3. Geo. I. Cap. 8. S. 44. and therefore the ſaid
Sections are omitted in the ſaid Asts here following.
Reciting
IlI. Cap. 3.
22, S. 9.
5 F
386
OF BANKS, &c.
S. !.
S.2.
S. 3:
S. 5:
S. 62.
S. 65.
7. Ann. Cap. Reciting that by an Ac 5 Will. and Mar. Cap. 20. the Bank of England was
erected, 1,200,000l. was lent to their Majeſties, for which there is payable to
the Governor and Company, the yearly Sum of 100,000l. out of the Duties, of
Exciſe, redeemable by Parliament; reciting another Act made 8 and 9 Will. III.
Cap. 20. For making good the Deficiencies of ſeveral Funds and for enlarging the
Capital Stock of the Bank.
And another Act made 5 Ann. Cap. 13. for continuing Duties on Houſes, to
fecure a yearly Fund for circulating Exchequer Bills (now expired) reciting alſo,
that the Governor and Company did lately admit new ſubſcriptions for doubling
their Stock of 2,201,1711. 1os. at the Rate of 115l. to be paid for every 1001.
ſubſcribed; and that Subſcriptions have been made for that Sum. It is enacted,
that 2,201,1711. ios. be added to the Stock of the Bank, which before ſuch Ad-
ditions conſiſted only in the like Sum; ſo that the whole Capital Stock now
fhall amount to 4,402,3431. and the new Subſcribers ſhall be incorporated with the
preſent Members of the Bank, and be taken to be one Body Politick and Corpo-
rate, by the Name of The Governor and Company of the Bank of England.
The ſaid capital Stock ſhall be aſſignable in the ſame Manner as the original
capital Stock.
The Bank is to pay into the Exchequer 400,000l. before the 25th of Auguſt,
1709.
The Bank of England thus enlarged, ſhall for ever be a Body Corporate, and
enjoy the yearly Fund of 100,000l. out of the Exciſe.
The Stock and Funds of the Bank, and the Intereſt of every Member therein,
ſhall be exempted from Taxes, and ſhall be deemed a perſonal Eſtate, and ſhall
go to Executors and not to Heirs, and ſhall not be liable to foreign Attachment.
9.63. The original Fund of 100,000l. per. Ann. and all Profits for the Management
of the Corporation, ſhall be applied to the Uſe of the Members of the Corpora-
tion ratably.
It ſhall be lawful for the Bank at any Time to reduce their capital Stock,
increaſed as aforeſaid, by Dividends; taking Care that the Total of their Debts
do not exceed the Value of their Capital: And in Cafe the Governor and Com-
pany, by any Dividend, ſhall reduce their Capital without proportionably reduc-
ing the Total of the Debts, ſo that the Value of their Capital ſhall not be ſuf-
ficient to anſwer their Debts; in ſuch Caſe, the particular Members who ſhall
receive fuch Dividend, ſhall be ſeverally liable, ſo far as the Shares by them
received will extend, to pay the Debts which ſhall remain due to any Perſons,
who may fue for the ſame (beſides treble Coſts) by Action of Debt or upon the
Caſe, 3 c.
It ſhall be lawful for the ſaid Governor and Company to call in any Sums of
Money, which they in a general Court ſhall think neceſſary, to be paid by their
Members proportionably, which ſhall have before been divided, out of the ſaid
Capital of 4,402,3431. and in Caſe any Member ſhall neglect to pay his Share,
at the Times appointed, by Notice in the London Gazette, and fixed up on the
Royal Exchange, it ſhall be lawful for the Governor and Company to ſtop the
Dividends of ſuch Members, and alſo to ſtop the Transfers of their Shares, and to
charge the Defaulters with Intereſt at fix per Cent. and in Caſe the Principal
and Intereſt be not paid in three Months, they ſhall have Power to ſell the Stock
of ſuch Defaulters, to pay the ſame.
9 Ann. Cap.7: Every Perſon who ſhall be elected Governor, Deputy-Governor, or Director
of the Bank of England, ſhall, during that Year, be incapable of being choſen
Director for Management of the Affairs of the united Company of Merchants of
England, trading to the Eaſt-Indies, and vice verſa.
The Bank ſhall continue a Body Corporate, and enjoy their yearly Fund of
1. Cap. 11.
100,000l. ſubject to the following Power of Redemption :
Upon twelve Months Notice, after the ift of Augu), 1742, upon Repayment
by Parliament to the Bank of 1,600,000l. and all Arrears of the ſaid 100,000).
per Ann. and of all Money owing to them upon Tallies, Exchequer Orders, or
Parliamentary Funds (ſuch Funds, for Redemption whereof other Proviſion is
made, excepted) the ſaid yearly Fund of 100,000l. Thall ceaſe.
After
5.72
S.Il.
a

I 2 Ann. Stat.
S. 23.
S. 24:
Ο F Β Α Ν Κ
N S, Eci
387
S. 25.
S. 26.
S. 10.
8. S. 1.
After ſuch Redemption the Corporation ſhall ceafe.
This ſhall be a publict Act.
It ſhall be lawful, as well for the Bank as for any others, to lend Money to 12 Avn. Stat.
the Treaſurers of the Navy, &c. upon South-Sea Stock, purſuant to the Stat. 10.
2. Cap. 3:
Ann. Cap. 19. S. 185.
The Governor and Company of the Bank of England, being willing to deliver 3 Geo. I. Cap:
up to be cancelled, as many Exchequer Bills as amount to 2,000,000l. in prin-
cipal Money, and to accept an Annuity of 100,000l. being five per Cent.
for the ſame, to commence from Chriſtmas, 1717, redeemable upon one Year's
Notice.
The Bank ſhall, before Chriſtmas 1717, deliver up as many Exchequer-Bills as S. 5.
ſhall amount to 2,000,000l. in principal Money, to be cancelled.
After Chriſtmas 1717, the Bank ſhall for ever have one Annuity, of 100; bool. S. 6.
(being five per Cent. computed on the ſaid Sum of 2,000,000l.) which yearly
Sum ſhall be paid out of the Aggregate Fund, and Duties on Houſes, and ſhall
be paid to the Bank for ever, at the four uſual Feaſts.
Upon one Year's Notice to be given at Chriſtmas 1717, or at any quarterly Feaſt s.7.
after, and upon Repayment to the Bank of the 2,000,000l, and of all Arrears of
the ſaid yearly Sum of 100,000l. the ſaid yearly Sum ſhall ceaſe.
For the better Payment of the Annuity of 100,000l. ſtanding Orders ſhall s. i 3.
be ſigned by the Treaſury.
As the ſeveral Duties chargeable with the Payment of the faid Annuity ſhall S. 14.
be brought into the Exchequer, ſuch Money thall be iſſued upon ſuch Orders,
weekly or otherwiſe, towards diſcharging the ſeveral Annuities thereon charged,
to grow due at the End of the Quarter of a Year, ſo as ſuch weekly Payments
exceed not the Sums of the ſeveral quarterly Payments, which thall grow due at
the End of each Quarter.
The ſaid Annuity of 100,000l. ſhall be deemed perſonal Eſtate; and the ſame, S. 16.
and the Stocks which the Bank now have, and thoſe they ſhall be entitled unto
by Virtue of this Act, and the Sums payable to them in reſpect of any ſuch Stock,
Mall be free from all Taxes, and not liable to foreign Attachment.
The ſaid Duties on Houſes, Aggregate Fund, and other Duties, ſhall be S. 17.
continued to his Majeſty, his Heirs, and Succeffors for ever, and ſhall be raiſed,
&c. by ſuch Methods, &c. as are preſcribed by the reſpective Acts now in
Force.
The Monies of the ſaid Duties, &c. which ſhall be brought into the Exche. S. 18.
quer for Purpoſes in this Act (except the Charges for raiſing, &c. the fame)
are appropriated for diſcharging the growing Payment on the ſaid Annuity of
100,000l. which Payments are to be ſatisfied without Charge, but ſubject to
Redemption. And in Caſe any Officer of the Exchequer ſhall miſapply any of
the Monies, or ſhall not keep Books, and do all other Things by this Act re-
quired, he ſhall forfeit his Office, and be incapable to ſerve his Majeſty in any
Employment of Truſt or Profit, and be liable to pay double the Sum mifapplied,
with Coſts to the Party grieved; to be recovered in any of the Courts at
Weſtminſter.
The annual Sum of 100,000l. ſhall be preferred in Payment before the yearly S. 22.
Sum of 120,000l. to the Civil Liſt.
After ſatisfying the Payment aforeſaid, the Deficiencies on the original Fund S. 23.
of 100,000l. per Ann. payable to the Bank out of five-ſeventh Parts of certain
Duties of Exciſe (ſee 5 and 6 Will. and Mar. Cap. 20. S. 19. before recited) ſhall
be ſatisfied out of the Monies by this Act appropriated ; after which the yearly
Sum of 4000l. ſhall be iſſued to the Sheriffs.
The Surplus of the Duties, &c. hereby appropriated at the End of any Quar- S. 24.
ter, ſhall attend the Diſpoſition of Parliament.
In Caſe the Produce of the ſaid Duties, &c. ſhall be deficient, ſuch Deficiency S. 25.
ſhall be made good out of the Produce of the ſaid Duties, &c. in any ſubſequent
Quarter.
If ſuch Deficiency Thall happen at the End of any Year (reckoning each Year S. 26.
to end at Michaelmas) ſuch Deficiency ſhall be made good out of the next Aids to
be granted in Parliament.
I
It
388
OF B A N K S, Eii
S. 38.
S. 39.
S. 43•
S. 45.
It ſhall be lawful for the Bank, from Time to Time, as they ſhall ſee Cauſe,
to call for, from their Members, in Proportion to their reſpective Intereſts in the
capital Stock, any Sums of Money, as in a general Court ſhall be judged necef-
ſary; and all Executors, &c. ſhall be indemnified in paying the ſame ; and if any
Member ſhall neglect to pay his Share of the Money ſo called for, at the Time
appointed, by Notice in the London Gazette, and fixed upon the Royal Exchange,
it ſhall be lawful for the Bank not only to ſtop the Dividend of ſuch Member,
and to apply the ſame towards Payment of the Money ſo called for, but alſo to
ſtop the Transfers of the Share of every ſuch Defaulter, and to charge him with
an Intereſt of five per Cent. per Ann. for the Monies ſo by him omitted to be paid,
till Payment thereof: and if the Principal and Intereſt ſhall be three Months
unpaid, the Bank ſhall have Power to ſell ſo much of ſuch Defaulter's Stock as
will ſatisfy the ſame, rendering the Overplus to the Proprietors ; and the Bank
may, in a general Court, when they ſhall adjudge their Affairs will admit thereof,
cauſe any Sum of Money ſo called in, to be divided amongſt the then Members,
in Proportion to their reſpective Shares in the capital Stock.
The Bank may borrow Money on any Contracts, &c. under their common
Seal, or upon Credit of their capital Stock, at ſuch Intereſt as they ſhall think
fit, though it exceed the Intereſt allowed by Law, and give ſuch Security as ſhall be
to the Satisfaction of the Lenders; and they may contract with any Perſons,
upon ſuch Terms as they ſhall find neceſſary, for the better enabling them to per-
form ſuch Things as they are to do in Purſuance of this Act, and take Subſcrip-
tions from ſuch Perſons for that Purpoſe ; and ſuch Contract, &c. ſhall not be
chargeable with Stamp Duties.
No Member of the Bank, for any Thing in this Act contained, ſhall be diſabled
from being a Parliament Man, or adjudged liable to be a Bankrupt.
The Bank may in a general Court make ſuch Addition to their capital Stock
(in Regard of their undertaking to diſcharge Exchequer Bills) as they ſhall think
fit; and ſo much as ſhall be ſo declared, ſhall be deemed capital Stock; and the
Members of the Bank, who ſhall have a Share in ſuch Stock, may transfer the
ſame in Method, &c. preſcribed by any Statute or Charter now in force for
Aſſignments.
The Bank ſhall continue a Corporation, and enjoy the ſaid ſeveral Annuities,
till all the ſaid Annuities ſhall be redeemed, according to the Proviſos in this Act.
For Encouragement of ſuch Perſons as are willing to advance Monies for pay-
ing of the principal Sums amounting to 8,762,6251. upon the Lottery Acts of
9
and 10 Ann. for redeeming Annuities on an Act 12 and 13 Will. III. Cap. 12.
to Patentees, out of the weekly Sum of 3,700l. out of the Exciſe, for which the
Perſons advancing the ſame, are to have Annuities of five per Cent. redeemable
by Parliament: It is enacted, that till the Annuities of five per Cent. ſhall be re-
deemed by the Parliament, the Bank ſhall employ two Perſons within their Of-
fice of London, one to be their chief Caſhier, the other their Accountant Gene-
ral; and the Monies coming into the Exchequer for the Payment of ſuch An-
nuities, ſhall be paid quarterly to the ſaid Caſhier, by Way of Impreſt and on Ac-
count, and the Accountant-General ſhall inſpect the Receipts and Payments of
the Caſhier, and the Vouchers relating thereto; and all the Monies to be ad-
vanced for ſuch Annuities ſhall be one Capital or Joint-Stock, on which the
ſaid Annuities ſhall be attending; and all Perſons, in Proportion to the Monies
they ſhall advance, ſhall have a Share in ſuch Stock, and in the Annuity attend,
ing the ſame; and ſuch Shares ſhall be transferable and adviſeable as is preſcribed
by the Act 1 Geo. I. Cap. 19. and no Stamp Duties ſhall be chargeable
Transfers : And the Bank (notwithſtanding the Redemption of any of their own
Funds or Annuities) ſhall continue a Corporation, relating to the Receiving, &c.
the Annuities laſt mentioned, till the ſame be redeemed by Parliament; and no
Fees thall be taken for paying the ſaid Annuities, or for ſuch Transfers. Never-
theleſs the Treaſury may allow out of the Monies to be impreſted as aforeſaid,
Salaries to the Caſhier and Accountant-General.
Transfers of Bank Stock ſhall not hereafter be made liable to any higher Duties
than are now payable for the ſame.
The
$. 49•
S. 50.

on ſuch

9.51:
OF B A N K S,
C.
389
53:
Cent. per
The Bank may, under their common Seal, aſſign the faid Annuities of s.
100,000l. or any part thereof, and alſo ſuch Annuities of five
per
Ann. to any Perſons whatſoever, and ſo toties quoties; which Aſſignments ſhall
not be ſubject to any Tax, fo as an Entry be made of ſuch Aſſignments in
the Office of the Auditor of the Receipt.
Nothing in this Act ſhall hinder the making good any Deficiency in the yearly s. 54.
Fund of 1,16,5731. 125. mentioned in the Act i Geo. I. Cap. 2.
Any Vote of the Houſe of Commons fignified by their Speaker in Writing, s. 55.
and delivered at the Office of the Bank, fhall be deemed a ſufficient Notice
within this Act.
The Governor and Company of the Bank of England having agreed, that 21 Geo. I.
from the Feaſt Day of St. John Baptiſt, 1727, their Annuity of 100,000l. upon
Cap. 9. S. 1.
the Sum of 2,000,000l. (ſee 3 Geo. I. Cap. 8. S. 6. before recited) Thall be re-
duced to four per. Cent. it is enacted, that after the Nativity of St. John Baptift,
1727, the faid Annuity ſhall ceaſe, and the Governor and Company of the Bank
(ſubject to the Proviſo of Redemption in this Act contained) ihall have in Lieu
thereof, one Annuity of 80,000l, which ſhall be payable out of the Duties on
Houſes, and the Aggregate Fund; and ſhall be paid to the ſaid Governor and
Company, and their Succeſſors for ever, from Midſummer, 1727, at the four
uſual Feafts, in ſuch Manner and on ſuch Conditions, as in the former Act
3. Geo. I. Cap. 8. in Relation to the ſaid Annuity of 100,000l.
On Repayment by Parliament to the Bank of England, of the principal Sum S. 2
of 2,000,000l. and of all Arrears of the ſaid Annuity, the Annuity ſhall ceaſe.
If at any Time Payment be made of any Sum (not leſs than 500,0001.) in s. 3.
Part for the principal Sum, and of all Arrearages; then ſo much of the ſaid
Annuity as ſhall bear Proportion to the Monies lo paid in Part of the Principal
ſhall ceaſe.
The Annuity ſhall be deemed perſonal Eſtate; and the fame, and the Stock s. 4
which the ſaid Company now have, or may be entitled unto, by Virtue of this
Act; and all the principal Sums and Annuities payable to the Company in
Reſpect of any ſuch Stock, ſhall be free from Taxes, and ſhall not be liable to
foreign Attachments.
The former Acts, and all the Powers, &c. therein contained (ſuch Altera- S. 5.
tions as are made by this Act excepted) ſhall continue to be uſed, &c. and the
Governor and Company of the Bank of England ſhall continue a Corporation,
and ſhall enjoy theſe Annuities till they ſhall be redeemed, &c.
If any Perſon ſhall alter, forge, or counterfeit any Bank Bill, or Bank Note,s.6.
made for Payment of Money, by, or for the ſaid Governor and Company, or
any Bank Note, or ſhall eraſe any ſuch Bill or Note, or any Endorſement there-
upon, or ſhall tender in Payment, utter, &c. any ſuch altered, forged, or coun-
terfeited Bill or Note, or any eraſed or altered Bill or Note, or the Endorſement
thereupon, &c. (knowing ſuch Bill or Note, or Endorſement, to be altered,
forged, counterfeited, or eraſed) and with intention to defraud the ſaid Gover-
nor and Company, or any other Perſon; every ſuch Perſon ſhall be adjudged
a Felon.
The Governor and Company of the Bank of England having agreed to pay 1 Geo. II.
into the Exchequer 1,750,000l. for the Purchaſe of an Annuity of 70,0001
. Stat. 2. Cap.
ſubject to Redemption; it is enacted, that every Year after the Feaſt Day of St.
John Baptiſt, 1728, a yearly Fund of 70,00ol. being four per Cent. for the
Sum of 1,750,00ol. ſhall be payable in Manner herein expreſied, for the fatif-
fying the Annuities to be purchaſed in Purſuance of this Act, till Redemption
thereof by Parliament.
The ſaid yearly Fund of 70,000l. ſhall be payable out of the Monies, which s. 2.
after the ſaid Feaſt of St. John Baptiſt, 1728, Thall ariſe into the Exchequer for
the Duties on Coals and Culm, granted by 9 Ann. Cap. 22. continued by
5 Geo. I. Cap. 9. and made perpetual by 6 Geo. I. Cap. 4.
The Governor and Company of the Bank of England ſhall advance into the s. 3.
Receipt of his Majeſty's Exchequer, the Sum of 1,750,000l. by the 24th of
July, 1728.

8. S. 1.
5 G
On
300
OF B A N K S, &c.
S.5•
S. 6.
$.7.
S. 8.
$.9.
All former Powers granted to the Bank for afligning any Annuitielle
On Payment by the Bank, of the ſaid Sum of 1,750,000l. in Manner afore-
faid, the Governor and Company, and their Succeſſors and Aſſigns, ſhall be in-
tituled to receive at the Receipt of the Exchequer, out of the ſaid yearly Fund,
one Annuity of 70,000l. to commence from the 24th of June, 1728, and to
be paid by half-yearly Payments, at Chriſtmas and Midſummer, till Redemption
thereof by Parliament, and the ſaid Annuity of 70,000). ſhall be free from
Taxes.
An Order ſhall be ſigned by the Treaſury for Payment of the faid Annuity,
and the ſame ſhall not be determined by the Death or Removal of any of the
Commiſſioners of the Treaſury, &c.
As the Money of the ſaid Duties ſhall be brought into the Exchequer, the
ſame ſhall be iſſued upon the ſaid Orders towards diſcharging the ſaid Annuity,
to grow due at the End of the half Year in which ſuch Payment ſhall be made; ſo
as ſuch Payment do not exceed the half-yearly Payment which ſhail grow due.
The ſaid Annuity Ihall be a perſonal, and not a real Eſtate, and ſhall not
be liable to foreign Attachment.
If after the 24th of June, 1728, the Produce of the ſaid Impoſition on Coals
and Culm ſhall be ſo deficient, as that the Monies ariſing therefrom ſhall not be
ſufficient to diſcharge the half Year's Annuity then due, then the Deficiency of
ſuch half Year ſhall be ſupplied out of the overplus Monies of the ſaid Duties ari-
ſing in any ſubſequent half Year; and if at any Time after the 25th of December,
1728, ſuch Produce ſhall be ſo deficient, at the End of any one Year (computing
the ſame to begin at Chriſtmas yearly) as that the ſame ſhall not be ſufficient to
diſcharge the whole Year's Annuity then due, every ſuch yearly Deficiency ſhall
be made good out of the firſt Supplies which ſhall be granted in Parliament;
and if no ſuch Supplies ſhall be granted within fix Months, then the ſame ſhall
be made good out of any Monies which ſhall be in the Receipt of the Exchequer
of the Sinking Fund, except ſuch Monies of that Fund as are appropriated
to particular Uſes.
Whatever Monies ſhall be fo iſſued out of the finking Fund, ſhall be replaced
out of the firſt Supplies to be granted in Parliament.
If there ſhould be any ſurplus Monies ariſing by the ſaid Duties at the End of
any Year (computing the ſame to end at Chriſtmas yearly) after the ſaid Annuity
of 70,000). and all Arrears thereof are ſatisfied, &c. ſuch Surplus fhall be re-
ſerved for the Diſpoſition of Parliament.
Upon Repayment by Parliament to the Bank of England, of the faid
1,750,000l. and of all Arrears, the faid Annuity ſhall ceaſe ; and after ſuch
Redemption, the Monies ariſing by the ſaid Duties thall not be applied but
as ſhall be directed by future acts of Parliament.
If at any Time after the 25th of December, 1729, Payment be made to the
Bank, of any Sum (not leſs than 500,000l.) in Part of the Principal Sum, at
which the Annuity is redeemable, and alſo of all Arrears of the ſaid Annaity,
then ſo much of the Annuity, as ſhall bear Proportion to the Monies ſo paid
in Part, ſhall ceaſe.
The Bank ſhall continue a Corporation till the Redemption of the whole An-
nuity of 70,oool.
Stock, formerly purchaſed by them, and now belonging to them, fall be revi-
ved; and the Governor and Company are empowered to transfer the faid An-
nuity of 70,000l, as they ſhall think proper; ſubject, nevertheleſs, to Re-
demption by Parliament, and without power to enlarge their Capital Stock
out of the ſame.
After reciting the Act of 12th Ann. Seff. 2. Cap. 9. for laying additional Duties
Cap. 3. S. 1.
on Soap and Paper, and on certain Linens, Silks, Callicoes and Stuffs, and upon
Starch, and exported Coals, and upon ſtamped Vellum, Parchment, and Paper, &c.
and that the Governor and Company of the Bank of England have agreed to pay
into the Exchequer 1,250,000l, for the Purchaſe of an Annuity of 50,0001.
ſubject to Redemption by Parliament, to be charged on the ſurplus Monies to
ariſe from the ſaid additional Duties; it is enacted, that yearly, from the Feaſt of
$. 10.
S. UT.
S. 12.
S. 13.
S. 14:

S. 15.
2 Geo. II.
4
St.
OF B A N K S, &c.
391
St. John Baptiſt, 1729, a yearly Fund of 50,000l. being after the Rate of four
per Cent. for the Sum of 1,250,000l. be ſettled for ſatisfying the Annuities to
be purchaſed in purſuance of this Act, till Redemption thereof by Parliament.
The ſaid yearly Sum of 50,000l. Ihall be payable out of the overplus Monies S. 2.
of the ſaid additional Duties, which ſhall remain after ſatisfying, &c. ſo much
as Thall be due to the South-Sea Company, on their Annuity and additional Al-
lowance for Charges of Management, granted by the Act 6 Geo. I. Cap. 4. and
the Treaſury ſhall quarterly, in every Year, after the Feaſt of St. John Baptiſt,
1729, at the four uſual Feafts, or within fix Days after, cauſe the overplus
Monies of the ſaid additional Duties to be computed, and applied towards ma-
king good the faid yearly Sum of 50,000l. without diverting any of the Monies
which by the ſaid Act 6 Geo. I. Cap. 4. ought to be reſerved for ſatisfying the
faid Annuity to the South-Sea Company.
The Governor and Company of the Bank of England, ſhall pay into the Ex-S. 3.
chequer, 1,250,00ol. before the 6th of October, 1729.
On Payment of the ſaid 1,250,000l. the Company ſhall be intitled to one An- s.5.
nuity of 50,000l. from the 24th of June, 1729, to be paid by quarterly Pay-
ments till Redemption thereof by Parliament; and the faid Annuity of 50,00ol.
ſhall be free from Taxes.
Orders ſhall be ſigned by the Treaſury for Payment of the ſaid Annuity, &c. S. 6.
as per i Geo. II, Stat. 2. Cap. 8. S. 6.
The faid Annuity ſhall be a perſonal Eſtate, and ſhall not be liable to foreign s. 7.
Attachment.
If the overplus Monies of the ſaid additional Duties ſhall be deficient, &c. S. 8.
the Deficiency thall be fupplied, as in the preceding A&t of ı Geo. II. Stat. 2.
Cap. 8. S. 9, 10, and 11.
Upon Repayment by Parliament to the Bank of England, of the ſaid Sun of s. 11.
1,250,000l. and of all Arrears of the ſaid Annuity of 50,000l. the faid Annuity
ſhall ceaſe, and the Monies ariſing by the Surpluſſes of the ſaid additional Duty
ſhall not be iſſued, or applied to any other Uſe, but as ſhall be directed by future
Acts of Parliament.
If Payment be made to the Bank, of any Sums (not being leſs than 500,000l. S. 12.
at a Time) in Part of the ſaid principal Sum; and if Payment be then alſo made
of all Arrears of the ſaid Annuity; then ſo much thereof as ſhall bear Propor-
tion to the Monies ſo paid in Part of the ſaid principal Sum, ſhall ceaſe.
The Bank ſhall continue a Corporation till Redemption of the faid Annuity S. 13.
of 50,00ol.
The Bank may afſign the ſaid Annuity of 50,000l. or any Part thereof, but s. 14.
ſubject to ſuch Redemption by Parliament,
Out of the Sinking Fund there ſhall be paid to the Bank, 500,000l. for s. 16.
redeeming a proportionable Part of the Annuity of 80,000l. granted to them
by Stat. 11 Geo. I. Cap. 9.
At the Feaſt of St. Michael, 1738, there ſhall be iſſued to the Governor and 11 Geo. II. C.
Company of the Bank of England, the Sum of 1,000,000l. out of any of the 27. S. 16.
Aids granted in this Seffion of Parliament, for redeeming the Annuity of 40,000l.
Part of the Annuity of 60,000l. in further Part of the principal Sum of
2,000,oool. being the Amount of Exchequer Bills, delivered up by the Bank
according to the Directions of the Act, 3 Geo. I. Cap. 8. and in Reſpect whereof,
an Annuity of 80,000l. was payable to the Bank by Act 11 Geo. I. Cap. 9. and
of which an Annuity of 20,0001. was redeemed by Payment of 500,oool. pur-
fuant to the Act 2 Geo. II. Cap. 3.
Reciting the ſeveral Acts of 7 and 12 Ann. made concerning the Bank, which
continued the Governor and Company an Incorporation till 1742, ſubject, how- Pages 527,
528, 529,
ever, to Powers of Redemption, as therein mentioned.
And the Time of the ſaid two former Acts being expired, the Company, by
this A&, are engaged to ſupply the Government with the further Sum of
1,600,000l. before December 25, 1742, at different Payments, as demanded by
the Treaſury, each Payment not to be more than 400,000). and at a Month's
Notice,
The

15 Geo. II.
530, 5310
392
OF B A N K S, &c.
P. 532;
P. 533•
P. 534.
P. 535•
h naving paid the Money ſubſcribed for,
The ſaid Sums to bear an Intereſt of three per Cent. till Auguſt 1, 1743, and on
any Default, the ſaid Company may be ſued in any of his Majeſty's Courts at
Weſtminſter, and ſhall forfeit twelve per Cent. Damages, and full Coſts, for which
their Stock and Funds ſhall be liable.
The ſeveral Proviſoes contained in the recited Acts of 7 and 12 Ann. and all
Proviſoes in any other Acts for determining the ſaid Fund of 100,000l. per Ann.
are hereby repealed; and the ſaid Company, and their Succeſſors ſhall continue
to enjoy the ſaid entire yearly Fund, to be paid out of the Duties of Exciſe, with
perpetual Succeſſion, and Privilege of excluſive Banking, and all other Abilities,
&c. granted to them, by any Acts of Parliament, Grants, or Charters ; ſubject
nevertheleſs to ſuch Reſtrictions, and other Agreements, as are preſcribed by any
Acts and Charters now in Force; as alſo to the Power of Redemption, as in this
Act is hereafter contained.
At any Time, twelve Months after Auguſt 1, 1764, on Repayment of all
Monies lent by the Bank, with Intereſt, &c. the ſaid yearly Fund of 100,000l.
ſhall determine.
No other Bank ſhall be allowed by Parliament; nor ſhall any Body Politick
or Corporate, or other Perſons whatever, united in Partnerſhip, above the
Number of fix, throughout England, borrow or take up any Sums of Money
on their Note, payable for leſs Time than fix Months, during the Continuance
of ſuch Privilege to the Governor and Company, who are hereby declared to be
a Corporation, with Privilege of excluſive Banking, ſubject to redemption on a
Year's Notice, after Auguſt 1, 1764, and Repayment of the ſeveral Sums lent,
with Intereſt, viz. 3,200,000l. and all Arrears of the 100,000l. per Ann. and
all Principal and Intereſt owing them on all Tallies, Exchequer Orders, Exche-
quer Bills, or Parliamentary Funds (except ſuch Funds as are otherwiſe provid-
ed for) which the Governor and Company, or their Succeſſors, ſhall have
remaining in their Hands, or be entitled to it at the Time of ſuch Notice given,
as aforefaid.
The Governor and Company may enlarge their Capital with any further Sum,
not exceeding 1,600,000l. additional Stock, and may take in Subſcriptions from
ſuch Perſons, and at ſuch Times, as they ſhall think proper; and all ſuch Sub-
ſhall be united to, and incorporated with, the ſaid 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; ſubject to the ſame Regulations, and in-
titled to the ſame Privileges and Advantages with the preſent Members of the ſaid
Corporation.
The Capital Stock, increaſed as aforeſaid, ſhall be aſſignable and transferrable
in the ſame Manner as the original Capital Stock was, before the making this
Act; and, together with the Produce, ſhall be free from all Manner of Taxes,
Charges, or Impoſitions whatever ; and the Transfers of the additional Stock
ſhall not be chargeable with any other Stamps or Duties than were uſed in trans-
ferring the former Stock.
No Perſon concerned in the Stock of this Company, whether as Governor,
Deputy-Governor, Director, Manager, or Member, ſhall be diſabled from ſerv-
ing as a Member of Parliament, or be liable to any Penalty, or Diſability, pre-
ſcribed by any Acts of Parliament, for not qualifying themſelves to execute any
Truſt with Reſpect to Affairs of this Corporation, as Perſons, who execute any
Office or Place of Profit or Truſt, 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 Act, that the Governor and Compa-
ny, and their Succeflors, ſhall enjoy the ſaid Annuity of 100,000l. in Reſpect of
their original Capital Stock of 1,600,000l
. till Auguſt 1,1743, beſides the Intereſt
of the 1,600,000l. to be advanced as aforeſaid, which Intereſt the ſaid Governor
and Company are to receive back by Way of Diſcount.
Any Vote or Reſolution of the Houſe of Commons, fignified by the Speaker in
Writing, and delivered at the publick Office of the ſaid Governor and Company,
and their Succeſſors, ſhall be deemed a ſufficient Notice within the Meaning of
this Act.
Any
P. 536.

P. 538.
OF B A N K S, &c.
393
Seal, or
Any Perſons who ſhall forge, counterfeit, or alter, any Bank Note, Bill of
Exchange, Dividend Warrant, or any Bond or Obligation under the Common
any
Endorſement thereon ; or ſhall offer to diſpoſe of the ſame, or de-
mandany Money, pretended to be due thereon, of the ſaid Company, or any of their
Officers or Servants, knowing ſuch Note, &c. to be forged, &c. with an Intent
to defraud the ſaid Company, or their Succeſſors, or any other Perſons whatever;
the Offenders being duly convicted, ſhall be deemed guilty of Felony, and ſuffer
Death as Felons, without Benefit of Clergy.
If any Officer, or Servant of the Company, being intruſted with any Note, P. 539.
&c. belonging to the Company, ſhall embezzle any ſuch Note, &c. the Offender,
being duly convicted, ſhall be deemed guilty of Felony, and ſhall ſuffer Death
without Benefit of Clergy.
By the Charter it is ordained, that there ſhall be for ever, of the Members of the
Company, a Governor, Deputy-Governor, and twenty-four Directors; which
ſaid Governor, Deputy-Governor, and Directors, or any thirteen, or more (the
Governor or Deputy-Governor to be always one) ſhall be a Court of Directors, for
managing the Affairs of the Corporation; but as this Limitation by the unavoidable
Abſence, or otherwiſe, of the Governor and Deputy-Governor, may be of great
Hindrance to the Buſineſs of the Corporation, it is therefore enacted, that when-
ever a Court of Directors is met, if the Governor and Deputy ſhall be abſent
for
the Space of two Hours, after the uſual Time of proceeding to Buſineſs, the Di-
rectors then met (being not leſs than thirteen) may chuſe a Chairman by Ma-
jority, and proceed to Buſineſs, and all Acts done by them ſhall be as valid, as if
the Governor or Deputy had been preſent.
This Act ſhall be deemed a publick Act, and judicially taken Notice of as ſuch
by all Judges, &c. without ſpecially pleading the fame.
The Preamble recites an Ačt paſſed in 16 Geo. II. intitled, An Ast for repealing 19 Geo. II.
the ſeveral Rates and Duties upon Viftuallers, &c. and for transferring the Ex- P. 155.
chequer Bills unſatisfied thereupon, to the Duties for Licences to fell fpirituous Liquors,
and ſtrong Waters by Retail, &c. Whereby it was enacted, that from the twenty-P. 156.
fourth of June, 1743, the ſeveral Duties impoſed by an Act of 12 Geo. I. upon
all Victuallers, and Retailers of Beer, within the Cities of London and Weſtminſter,
and the weekly Bills of Mortality, ſhould thenceforth ceaſe; and that, after the
ſaid twenty-fourth of June, 1743, the principal Sum of 481,400l. in Exchequer
Bills (Part of the Sum of 500,000l. advanced to his Majeſty's Exchequer by the
Bank of England, upon Credit of the ſaid Duties, at three per Cent. per Annnum
Intereſt) made forth in Purſuance of the ſaid Act of 12 Geo. I. which then re-
mained unſatisfied, with the Intereſt thereon, and the Charges of circulating the
ſame, ſhould be transferred from the Duties then charged therewith, and be
charged (together with the Sum of 5,18,600l. to be raiſed by the before recited
Act of 16 Geo. II. towards the Supply for 1743) upon the Duties payable to his
Majeſty by another Act of the ſaid 16 Geo. II. intitled, An Act for repealing
certain Duties upon ſpirituous Liquors, &c. and in Purſuance of the firſt recited
A&t of Geo. II. the ſaid Sum of 4,81,4001. in Exchequer Bills, as alſo the ſaid p.
further Sum of 5,18,600l. were charged upon the ſaid Duties, ariſing by Licences,
at an Intereſt of three per Cent. per Ann. And whereas the Bank is willing that
the ſaid Sum of 9,86,800l. in Exchequer Bills, remaining unſatisfied, on the
aforeſaid Duties, may be cancelled and diſcharged, and in Lieu thereof, to accept
of an Annuity of 39,472). (being the Intereſt on the ſaid Sum at four per Cent.)
to be charged on the ſame Securities; and alſo are willing to advance unto his
Majeſty's Exchequer, towards the Supply granted for the Service of the Year
1746, 'the Sum of 1,000,000l. upon the Credit of the Duties ariſing by the
Malt and Land Tax for 1746, at four per Cent. per Ann. for Exchequer Bills
to be iſſued for that Purpoſe; provided they may have a Power to create and
diſpoſe of the ſaid Sum of 9,86,800l. of Bank Stock (to be joined and incor-
porated with their preſent Capital) in ſuch Manner, and at ſuch Times, as
they ſhall think proper ; with ſuch further Powers, Privileges, and Advantages,
as have uſually been granted by former Acts on that Occaſion. The Parlia-
ment, thinking it will be of Advantage to the Public to accept the ſaid Pro-
5 H
poſal
157.

394
OF B A N K S,
&c.
P. 159
P. 160.
ariſing by Licences aforeſaid, at the March, 1746. Later thall be inſufficient to
P.158. pofal of the Bank, have enacted, that the Bank of England by the 25th of March
1746, ſhall deliver up unto Perſons nominated by the Treaſury, all the faid
Exchequer Bills charged upon the Duties aforeſaid, amounting to 9,86,8001. to
be diſcharged and cancelled as the Treaſury ſhall think fit, without isſuing again
the ſame, or any of them.
All the Intereſt due on the ſaid Exchequer Bills to be delivered up to be can-
celled, with the Charges of circulating the ſame, ſhall be paid off.
In Lieu of the ſaid Sum of 986,800l. in Exchequer Bills to be delivered up
to be cancelled, the Bank, from the 25th of March, 1746, ſhall receive from
the Exchequer, an Annuity of 39,472). being four per Cent. Intereſt on the
ſaid Sum of 9,86,800l. until Redemption thereof by Parliament.
The faid Annuity ſhall be paid from Time to Time, with Preference to all
other Payments whatſoever, out of the Monies that ſhall ariſe into the Exche-
quer, from the Duties for Licences to ſell Spirituous Liquors and Strong Waters
by Retail, in purſuance of the Act of 16 Geo. II.
The ſaid Annuity ſhall be paid at four quarterly Payments, viz. on the Feaſts
St. John Baptiſt, St. Michael
, Chriſtmas Day, and Lady-Day; the firſt Pay-
ment to be made on St. John's-Day, 1746; ſubject nevertheleſs to Redemption,
as provided for by this Act; and the ſaid Annuity of 39,472). Thall be free from
all Taxes and Charges.
For the better and more regular Payment of the faid Annuity, Orders ſhall
be ſigned by the Treaſury for the Payment thereof, which ihall be valid in Law;
and ſhall not be determinable by the Death or Removal of any of the Commiſ-
fioners of the Treaſury, or Determination of their Power and Offices, nor ſhall
the Treaſury revoke or countermand any Orders ſo ſigned.
And for the more ſpeedy Payment of the ſaid Annuity, it is enacted, that
weekly, or otherwiſe, as the Monies ariſing by the ſaid Duties Thall be paid into
the Exchequer, the ſame ſhall be iſſued upon the Orders for diſcharging the quara
terly Annuity, ſo as fuch weekly Payments do not exceed the Sum which ſhall
be due at the End of every Quarter.
The ſaid Annuity ſhall be adjudged to be a perſonal, and not a real Eſtate,
and ſhall not be liable to any foreign Attachment.
If at any after the 2
pay the Quarter's Annuity, in every ſuch Cafe, the Deficiency ſhall be fupplied
out of the overplus Monies of the ſaid Duties, which ſhall be in any
y ſubſequent
Quarter, and if at the End of any one Year (computing the ſame to end at Lady-
Day yearly) the Produce ſhall not be ſufficient to pay off the whole Year's
Annuity then due, the Deficiency ſhall be made good out of the firſt Supplies ;
and if no Supplies be granted within fix Months after, then to be paid out of
the Sinking Fund (ſuch Monies therein excepted, as by former Acts are appro-
priated to other Ules.)
Whatever Money ſhall be iſſued out of the Sinking Fund, ſhall be replaced out
of the firſt Supplies granted by Parliament.
Upon Repayment by Parliament to the Bank of the ſaid principal Sum of
9,86,800l. in full without Deduction, &c. and of all Arrears of the ſaid yearly
Sum of 39,4721. then, and not till then, the faid Annuity ſhall ceaſe, and be ac-
counted redeemed; and after ſuch Redemption, the Monies, ariſing from the
ſaid Duties for Licences, ſhall be applied as any future Act fall direct.
If, at any Time after the 25th of March, 1746, Payment be made to the Bank
Sums not leſs than one Moiety of the ſaid 986,800l. át one Time, and
alſo of all the Arrears of the Annuity, then ſo much of the Annuity, as fhall bear
Proportion to the Monies paid in Part of the whole principal Sum, ſhall ceaſe,
and be underſtood to be redeemed.
P. 163. The Company of the Bank may admit, and take in by Sale, Call, or Sub-
ſcription (or by ſuch other Methods as they ſhall judge proper) from ſuch Per-
fons, upon ſuch Terms, and at ſuch Times, as they ſhall approve, for enlarging
their preſent Capital to a Sum nut exceeding the further Sum of 9,86,8001. ad-
ditional Stock (over and above what they are impowered to create, by any for-

P. 161.
, the Duties
P. 162,
of any
e
I
mer
O F B A N K S, & C.
395
mer Act in that Behalf) and from Time to Time, in a general Court (and from
ſuch Times as they ſhall direct) to order the ſame, or any Part thereof, to be
added to the preſent Capital of the Bank; from which Time ſuch Monies thall
be deemed as part of the ſaid capital Stock, and ſhall be proportionably en-
larged thereby; and all Perſons on whoſe Account any Monies Thall be paid in,
as directed towards the faid Sum, they, their Executors, Adminiſtrators, and
Afligns, ſhall be deemed Members of, and incorporated with, the Company;
and ſhall, with the other Members of the Corporation, be taken to be one
Body Politic and Corporate, by the Name of the Governor and Company of
the Bank of England, ſubject to the ſame Rules, and enjoying the ſame Pri-
vileges, with the preſent Members of the Corporation; and all Executors, Ad-
miniſtrators, Guardians, and Truſtees, ſhall be indemnified in making Pay-
ments upon ſuch Calls, &c. as aforeſaid.
The Capital of the Bank ſo increaſed ſhall be transferrable, in the ſameP. 154.
Manner as the original Stock was before this Act; and together with the Pro-
duce thereof ſhall be free from all Taxes, &c. whatſover;, and the Transfers
and Aſſignments of Stock in the Company's Book ſhall be liable to no higher
Stamp, or other Duties, than are now payable for the ſame.
The Company of the Bank, and their Succeſſors, ſhall continue a Corpo-
ration, and enjoy all the Privileges, &c. belonging thereto, until the complete
Redemption of the ſaid Annuity of 39,4721. in as full Manner as the ſame are
ſpecified in an Act of 15 Geo. II. intituled, An Açt for eſtabliſhing an Agreement
with the Governor and Company of the Bank of England, for advancing the Sum of
one Million, fix hundred thouſand Pounds, &c. or in any other Act relating to
the ſaid Corporation.
The Bank ſhall advance to the Exchequer, towards the Supply for the Service P. 165.
of the Year 1746, 1,000,000l. upon the Credit of the Duties ariſing from the
Land-Tax and Malt Act, for the ſaid Year, to be paid at ſuch Times, and in
ſuch Proportions, as the Treaſury ſhall direct; ſo that they be obliged to pay
no more than 250,000l, at any Time, nor without fourteen Days. Notice be-
fore each Payment.
Upon Payment of the ſaid Million, or any Part thereof, by the Bank, the
Treaſury ſhall make out Exchequer Bills for the ſame, payable out of the Duties
granted by the faid two Acts, together with an Intereſt of four per Cent. per
Ann. until Repayment of the Principal aforeſaid; and the ſaid Bills ſhall be
ſubject to the Rules preſcribed in the laſt recited Acts which relate to Ex-
chequer Bills thereby authorized to be made forth.
In Caſe the Bank ſhall make Failure in any of the ſaid Payments, appointed P. 166.
by this Act to be made into the Exchequer, at or before the Times limited in
that Behalf, the ſame ſhall be recovered to his Majeſty's Uſe by Action of Debt
or on the Caſe, &c. in any of the Courts of Weſtminſter, &c. in which Suit,
&c. the Governor and Company of the Bank of England may be declared in-
debted to his Majeſty, the Monies of which they ſhall have made Default in
Payment, &c. which ſhall be ſufficient; and upon ſuch Action, &c. there
ſhall be further recovered Damages after the Rate of ten per Cent. for the Mo-
nies ſo unpaid, beſides full Coſts of Suit.
The Bank is to continue a Corporation until the ſeveral Annuities eſtabliſhed
by Parliament are redeemed. 4 Geo. II. C. 9. S. 33:--15 Geo. II. C. 19. S. 13.
16 Geo. II. C. 13. S. 32.-17 Geo. II. C. 18. S. 28.-18 Geo. II C.
9.
19 Geo. II. C. 6. S. 15. and C. 12. S. 59.—20 Geo. IỊ. C. 3. S. 55. and C. 10. S.
45.-21 Geo. II. C. 2. S. 36.-22 Geo. II. C. 23. S. 14.-23 Geo. II
. C. 16. S.
-28 Geg. II. C. 15. S. 31,-29 Geo. II. C. 7. S. 39.- 30 Geo. IỊ. C. 19. S.
51.-31 Geo. II. C. 22.-32 Geo. II. C. 10.-33 Gea. II. C. 7.—1 Geo. III. Ć.7.
2 Geo. III. C. 10.—3 Geo. III. C. 12. And by ſeveral ſubſequent Acts for
new Loans, to the preſent Time. It being one of the Clauſes of every Bill
for raiſing Money by Annuities payable at the Bank.
In the Firſt Seſſion of the Fifteenth Parliament of Great-Britain, and
in the Month of June 1781, the laſt Act of Parliament was paſſed for
renewing the Charter of the Bank, upon condition that the Company ſhould
lend

S. 33:
396
OF B A N K S, &c.
lend to Government 2,000,000l. at 3 per cent for three Years, to enable Ad-
miniſtration to pay off the like Sum of the Navy Debt. Having now finiſhed
what relates to the Stocks, I ſhall deſcribe the nature of the Mercantile,
Money Tranſaction's at the Bank.
And, firſt, whoever has a Mind to keep Caſh with the Bank, muſt give a.
Specimen of his Firm, in a Book kept for this Purpoſe, and apply to the firſt
Clerk of theſe Accounts (commonly called the Drawing Accounts) who will
give him a Book, wherein his Account is opened, which Book he takes away
with him, and for which it is cuſtomary to give half a Crown; the Perſon
will likewiſe receive a Parcel of Checks (of whoſe Numbers an Account is taken
by him that delivers them out) on which he is to draw on the Bank as he ſhall
have Occaſion.
In the Books (which are of ſeveral Sizes) different Columns are adapted for
the Entry of Caſh, paid and received, and alſo for the Entry of Bills depoſited
till due, when they become Caſh to be paſſed forward, which is done the firſt
Time the Book is carried to the Bank, after they are received.
Whenever you have any Caſh to pay in, you carry it to the Bank, with your
Book, in which you have Credit immediately given for it; and on the contrary
when you want to pay, you draw the Sum on one of your Checks, in the fol-
lowing Manner.
To the Caſhiers of the Bank of England.
Auguſt the 21ſt 1781.
Par to Mr. A. B. or Bearer, on Demand, two hundred Pounds, ten Shillings,
and two Pence; for Account of
C. D.
£. 200: 10: 2.
Which is immediately complied with, and your Account debited in the
Bank Books ; and whenever you are deſirous of having your Account examined,
you carry your Book, and leave it for a Day or two in the Accountant's Office;
and on your taking it again, you will find every Draught you have made, en-
tered, and your Checks returned you, cancelled: and no Money will be paid,
either to yourſelf or your Order, without ſuch a Draught, or what is called a
Write off, which are printed Slips of Paper, with Blanks left for the Sums
wanted, and are always laying, with Pens and Ink, at a Delk in the great Hall,
for every one to make uſe of at pleaſure, and when filled up are as follow:
Auguſt the 21ſt 1781.
S. T.
WRITE of from
my Bank Book, one hundred and
fifty-leven Pounds, ten
Shillings, and Six-pence.
£r. 157: 10:6.
Which you give to any one of the Clerks fitting on the left Hand going into
the Hall for that Purpoſe, with your Book, and he debits you the Sum therein
defired, and gives you Money or Notes for it, which you pleaſe ; reſerving the
Write-off as a Voucher.
If you have any accepted Bills payable in London, and, to ſave yourſelf the
Trouble, have a Mind that the Bank ſhould receive them, you muſt endorſe,
and carry them with your Book to the Bank, and have them entered by the
proper Clerks, who ſit at one End of the great Hall; and after this Depoſit,
the value will be carefully received, or the Bills duly proteſted; if the former,
their Import will be credited in your Account; if the latter, the Bills will be
returned, and the Charges of proteſting debited to you.
If you would have the Bank pay any Bills that are drawn on you, you may
accept them payable at the Bank; and in this Caſe, you muſt
, before they fall
due, give the Bank an Order to pay them when preſented, adviſing their con-
5
ſents

OF B A N K S, &c.
397
ſents, from whence, and by whom drawn), &c. or you may, at the Time of
Acceptance, write an Order on them to the Caſhiers (as a Draught) to
pay them when due, though, beſides this, a ſeparate Order muſt be left there
for their Diſcharge
The Bank will diſcount Bills for any Sum, if the Holders and Acceptors are
to the Directors Satisfaction; the Foreign ones after the Rate of four, and In-
land at five per Cent. per Ann. and in order to get this Tranſaction effected, you
muſt deſcribe the Bills on a Slip of Paper, with your's and the Acceptor's Names,
and deliver it, with the Bills, to a Clerk who attends for this purpoſe in the
ſame Office where the Checks are delivered, and he carries it to the Committee,
who either accept or reject the Propoſal, without aſſigning any Reaſon for their
Behaviour; if the former, the Money is immediately paid you by the proper
Clerk, with a Deduction of the Diſcount.
The Bank will receive by Way of Depoſit, from any Perſon keeping Caſh
with them, Bullion, foreign Specie, Jewels, or any ſuch Effects that are not
bulky, and take Care of them till called for; but they will give no Receipt
with them, nor otherwiſe oblige themſelves to be anſwerable for their Safety;
as they charge nothing for their Clerks Attendance, either at their Receipt or
Delivery, nor for the Depoſit; but they are ſealed up, and ticketed with the
Name of their Owners, &c. who may receive them in the ſame Form they
were delivered whenever they think proper.
No Body is obliged to pay a perſonal Attendance for any Tranſaction with
the Bank, but may ſend another with their Book for Entries, &c. as moſt
Merchants do their Clerks; and all poffible Diſpatch is given to every one
in their Turn.
The Bank, befides diſcounting Bills, will advance Monies on Government
Securities, or on a Depoſit of Foreign Specie or Bullion, but never on Jewels, or
Eſtates; and they will likewiſe buy Gold and Silver Bullion, (after afſaying)
Spaniſh Dollars, &c. though ſeldom at ſo high a Price as private Purchaſers,
theſe latter often buying for their own Uſe, but the Bank by Way of Merchan-
diſe, on which a Profit is expected.
The Buſineſs of this Corporation was for many Years carried on at Grocers-
Hall in the Poultry (though the firſt Subſcription was taken at the Mercers in
Cheaphide, whilſt the other was getting ready) till they erected the ſpacious Pile
they at preſent occupy, in Threadneedle-Street, where Offices are appropriated
for
every
Branch of their Employment; their Caſh, Notes, and every Thing of
Value, are preſerved in the ſubterraneous Vaults, to guard them from Fire, and
the whole Building ſecured by very frong ſubſtantial Faſtenings; and ſince
the dreadful Riot in the Month of June 1780, when an attempt was actually
made to break in and rob the Bank, a military Guard has been appointed to do
duty Day and Night, as regularly as in a Garriſon; and the Church adjoining
to the Bank, called St. Chriſtopher le Stocks is now pulling down, having been
purchaſed under a ſpecial Act of Parliament, for the Purpoſe of enlarging the
Buildings, and erecting a Guard-houſe and Barracks for the Soldiers.
Here it may be proper to obſerve, that the publick Creditors of the Nation,
whoſe Accounts are kept in Books at the Bank, need not be under any Apprehen-
fion, as was the Caſe during the Riot, of any Confuſion ariſing in their reſpective
Accounts from Accidents happening to them at the Bank. For, as the Directors
of the Bank only undertake the Management of the public Funds, that is to
ſay, the Transfers, paying of Intereſt, &c. for Governinent, at their Office, for
the Conveniency of the Public, Duplicates of all the Books are depoſited in his
Majeſty's Exchequer at Weſtminſter.
The Corporation is under the Management of a Governor, Deputy-Governor,
and twenty-four Directors; of which latter, three attend from ten o'Clock till
twelve (Sundays and Holidays excepted) for fourteen Days together, and are then
ſucceeded by the like Number for the ſame Term, till the whole have taken
their Rotation; and Thurſday being their Court Day, the Governor, Deputy,
and all the Directors meet, except ſuch as are out of Town, or are hindered by
Sickneſs, as they are very punctual and exact in their Attendance on the Buſineſs

5 I
of
398
&c.
O F B A N K S,
of the Corporation; for which the Governor has 2001. the Deputy 200l, and each
of the Directors 150l. per Ann. They are choſen yearly by a general Court,
out of the principal Proprietors of Bank Stock, and are always Gentlemen of
large Fortunes, but more reſpected and eſteemed for their ſtrict Adherence to
Integrity and Honour.
The Qualification of the Governor is 4000l. of the Deputy-Governor 30001.
and for the Directors 2000l. Bank Stock, and that a Perſon may be privileged to
vote at their Election, he muſt have gool. of the ſaid Stock.
As for the Clerks, the Regularity of their Attendance is ſecured by excellent
Rules; amongſt others, they are obliged to enter their Appearance, at nine
o'Clock every Morning, in a Book kept in the great Hall for that Purpoſe,
which Book is carried into the Parlour to the ſiteing Directors every Day, and if
any are found miſſing, Enquiry is made if they are abſent the whole Day, or any
Part of it, and if proper Reaſons are not affigned for the Failure of an Hour's
Attendance, a Fine is impoſed. Sufficient Security to the Amount of 10ool. is
likewiſe taken for their Fidelity; and, in Juſtice to thoſe Gentlemen, it ought
to be recorded, that their Celerity and Exactneſs in the Diſpatch of Buſineſs,
cannot be equalled by any Set of Men of the ſame Denomination in any of the
other public Banks in Europe.
From the preceding Account of the Bank's Eſtabliſhment and Direction, it
will readily be ſeen how much eaſier Affairs are tranſacted here than in any one
of thoſe eſtabliſhed in Foreign Countries; in ours, no Fines are extorted, no
perſonal Attendance required, nor any Delays occafioned by Shuttings-up, or
Non-attendance in the Afternoon, as the Bank of England is never ſhut but three
Days in a Year (Sundays excepted) and tranſacts Buſineſs from nine in the
Morning to five at Night, when that of the Day ends, as to the Receipt and
Payment of Money, though the Clerks have ſtill about half or three quarters of
an Hour's Employ to balance the Tranſactions of the Day, which after the
aforeſaid Hours they immediately apply themſelves to perform. Here is no
Obligation laid on any one to pay in Bank Money, or to be ſatisfied with Bank
Notes; but every one is at Liberty to inſiſt on Payment in the current Coin of
the Kingdom: Yet, as the former are the readieſt Payment, and a few Minutes
may convert them into Caſh, it is commonly preferred, eſpecially for any large
Sum ;* ſo that our Bank, compared with the moſt celebrated and beſt of the
foreign ones, muſt in every Shape be preferred by the mercantile Part of Man-
kind, as well as by thoſe Gentlemen whoſe large perſonal Eſtates would make
them at a Loſs ſometimes for a Place of Security, if there was no Bank ſubſiſting
to ſerve them. And if the Compariſon with the beſt abroad places our's in lo
advantageous a Light, what ſhall we ſay when we reflect on the ſhocking Con-
ſequences of that erected a few Years ſince in France, where the fatal Effects are
felt to this very Day? How ought every Engliſhman to thank Providence for
his Lot, who made him Native of a Country ſecured by the moſt wholeſome
Laws, under the Government of the beſt of Kings, and where every Individual
enjoys his Property unmoleſted! How ought we to eulogize and praiſe our
gracious Benefactor, for placing us in a State of Freedom and Eaſe, whilſt our
immediate Neighbours are galled with the Yoke of an almoſt Egyptian Bondage,
where nothing can ſecure them from the Strokes of a tyrannical and deſpotic
Government, which too often appropriates the Subject’s Fortune to be ſquander-
ed away in ambitious Deſigns, and Schemes for aggrandizing the Prince, though
to the utter Ruin of his Vaffals! This was the apparent Intent of the Pariſan
Bank, which ſunk when the Deſign of its Inſtitution was anſwered, by bringing
all the Coin of the Kingdom into the King's Coffers, and then reducing the
greateſt Part of their Paper Currency to leſs Value than it bore when it came
from the Stationer's Shops.
Of Bankers.
ΤΗ HIS is an ancient Employment, as there was a Species of it among the
Romans, though very different in the Exerciſe of it from what the Practice
is at preſent; they were in that famous Empire deemed publick Officers, who
as
OF B A N KERS,
&c.
399
+
as one may fay, united the Offices of Exchangers, Brokers, Commiſſioners, and
Notaries, all in one; negociating Exchanges, undertaking Truſts, intervening
in Purchaſes and Sales, and dextroully managing all the neceſſary Acts and
Writings of ſo many different Functions.
The Bankers of the preſent Times differ very widely from the above Deſcrip-
tion, as thoſe in foreign Parts do even now from the Engliſh. However, it
muſt be acknowledged that the Bank of England does not, in all Reſpects, cor-
refpond with the Idea of a national Bank; if it did, we ſhould have no Occaſion
for the Buſineſs of private Banking, of which we are to treat in this Chap-
ter. The diſcretionary Power lodged in the Hands of the Directors of the Bank
of England, admits a Poſſibility of Partiality in the great Buſineſs of diſcounting,
which may limit its Utility, and cramp mercantile Credit, and this ſhould never
be the Caſe in a commercial Country. Upon fome Occaſions they have even
ſuſpended diſcounting for a Time, whereas a general national Bank ought to
lay no Reſtraint whatever, if the Bills offered are good; that is to ſay, drawn by a
known reſponſible M non Perſons of like Reſponſibility, and endorſed by one
or more of the ſame Deſcription. The only Argument that can be brought
againſt making the Bank of England, a general national Bank, to anſwer all the
purpoſes of Banking is, the Multiplicity of Buſineſs they are already engaged in
for Government, on Account of the national Debt, in Addition to the common
Buſineſs in the Circulation of Caſh and Notes. And certain it is, that by uling
proper Precautions, the following claſs of Men may be made nearly as uſeful as
a national Bank. In France, Holland, &c. they may more properly be termed
Remitters, as the principal part of their Buſineſs conſiſts in negociating Ex-
changes; Mr. Savary calls them Merchants, Traders, or Dealers in Money,
who make Contracts, and Remittances thereof, and confine themſelves to ſuch
Tranſactions only: We have alſo ſome Gentlemen of great Fortune, who
act on the ſame Footing here in England; but when we ſpeak of an Engliſh
Banker, he is always to be underſtood as one acting in a different Character and
Manner from thoſe laſt mentioned; as theſe limit their Traffick to what may
properly be called Banking; their Dealings being ſimilar to the Bank's, and
their Advantages ariſing from the fame Negociations, only in a more limited
Degree ; for their Shops are the Depoſitories or Receptacles of their Cuſtomer's
Money, which is paid in and drawn out by the Proprietors (as in the Bank)
at their Pleaſure; and the Bankers will alſo diſcount Bills, and advance Money
on ſuch Securities as the Bank does, from which their Buſineſs differs not
materially, and though they have no public Stock as the Bank has, the Pro-
fits ariſing from their Negociations are their own.
Bankers are generally Gentlernen of large Eſtates and Monied Property, and
though ſome have unhappily failed, it is an uncommon Cataſtrophe, the Buſineſs
being certainly as lucrative as it is genteel.
The Denomination was in England firſt given to ſome monied Goldſmiths, in
the Reign of King Charles the Second, as will appear by the following Para-
graph in an Act of Parliament made the 22d and 23d of that Prince's Reign, viz.
Whereas ſeveral Perfons being Goldſmiths, and others, by taking up or borrowing
great Sums of Money, and lending out the ſame again for extraordinary Hire ana
Profit, have gained and acquired to themſelves the Reputation and Name of
Bankers, &c. and their Buſineſs, as has already heen ſaid, is copied by the Bank's
in all Parts, though with very conſiderable Additions and Improvements.
By 6 Anne, C. 22. S. 9. during the Continuance of the Bank of England, no
Company of private Bankers are to exceed fix in Partnerſhip.
The Buſineſs of private Banking having increaſed conſiderably of late Years,
and the Liſts of Bankers not only in London, but in every capital City and
Town in Great-Britain, amounting to four Times
, the Number that ſubſiſted
when the laſt Edition of this Work was publiſhed, it is our indiſpenſable
Duty to enlarge a little upon ſo intereſting a Subject.
The Principles upon which the public Credit of Great-Britain has been en-
larged and ſupported, has been the free Circulation of Paper-money; whether
conſiſting of Credit given in Books of Accompt for Annuities of various De-
nominations

4
oo
OF B A N K E R S, Ec.
nominations in Conſideration of Sums of Money in Specie paid for them;
or in Exchequer, Navy, or other Bills, Bonds, &c. being Government Se-
curities. Alſo in maintaining and encouraging the Acceptance of Bank Notes
as equal in Value to their Amount in the Current Coin of the Nation: there-
by making ſuch Paper-money as much the Medium of our Exchanges with
each other (and even with ſome Foreign Countries) as Gold and Silver.
Private Perſons, availing themſelves of the fame Principle, have been en-
abled to throw into the Commerical Circulation of the Kingdom, their own
Notes, Bills, and other Paper Securities, and on this Baſis a great Number
of Banking Houſes have of late Years been eſtabliſhed; a certain Quantity
of Specie however, proportioned to the Extent of their Paper Credit is
requiſite for each Houſe, that they may be ready to anſwer all Demands for
Specie, where it is required to be given in Exchange for Bills become due;
for their own Notes iſſued payable on Demand; or for the Draughts of their
Cuſtomers who have depoſited Caſh in their Hands. We therefore plainly
perceive in the firſt Inſtance, that Bankers ought to be Men of conſiderable
Property
Now let us ſtate their great Utility to Merchants, Shopkeepers, and many
other Claſſes of the People. In the firſt Place, they will frequently diſcount Bills
for Merchants and Tradeſmen, their Cuſtomers, which the Bank from the
Smallneſs of the Sums, or from the Security not being generally known or
acknowledged will reject. If the Banker is ſatisfied that his Cuſtomer for
whom he diſcounts is a Man of conſiderable Property, it is a ſecondary Object
cnly with him, whether the Bills are drawn upon or accepted by Perlons
equally Reſponſable. And as the Banker's Profit conſiſts in making as much
Intereſt of the Monies laying in his Hands uncalled for, aś poſſible, without
Loſs of Time, diſcounting of courſe muſt conſtitute a great Part of his Bu-
fineſs. And if there were not a great Number of Bankers always ready to
diſcount the Bills that are circulated in Trade, commercial Credit would be
ſtagnated, and the trading Part of the Nation would be thrown into a State
of Anarchy.
In many Trades, great Part of the Buſineſs is tranſacted by Notes or Bills
drawn to become due at remote Periods—three, fix, nine, and twelve Months
after Date. If the Holder of theſe could not convert them into Caſh, it
would be impoſſible for him to go on, becauſe his Workmen muſt be paid
weekly in Cath. To exemplify this in one Inſtance—A Bookſeller employs
a Printer and pays him with his Note of Hand at three Months after Date;
he is perfectly ſatisfied with this Tranſaction, but if he receives Payments
chiefly in this Manner, he muſt have an Immenſe Fortune indeed to be able
to pay all his Workmen weekly in Caſh. But by diſcounting the Matter
is eaſily ſettled, and the Intereſt he pays for the Advance of the Money
muſt be computed and deducted from his Profit, which however will always
bear a Proportion to this Circumſtance.
But there is another Superſtructure of private Credit, built upon the
Principle of public Credit.-What is become of the Immenſe Sumns raiſed
by Three and Four per Cent Conſolidated Bank Annuities and other Govern-
ment Securities ?-expended long ſince in our Wars; but while the Annual
Intereſt of the nominal Capitals is regularly paid, and that a Price can be
had at Market for the principal itſelf, through the Medium of Transfer-books ;
public Credit ſupplies the Place of Non-payment of the Principal
Thus a Number of Perſons in different Parts of the Kingdom,
ferent Parts of fo large a Metropolis as London, agreeing to draw upon each
other at diſtant Dates, and having a certain Degree of commercial Credit,
may, by the Means of Diſcount, raiſe aſtoniſhing Sums of Money, to anſwer
temporary Purpoſes, and provided that from the Profits of Commerce, or even
the Sale of Merchandiſes arriving from foreign countries within the given
Time, they can be anſwerable in Specie for each other's Draughts, all will be
well, and this Syſtem of Credit may be not only ſtriály juſt
, but neceſſary and
expedient for the Support of Commerce under certain Circumſtances. For
4
Inítance

in Specie.
or even in dif-
OF U SU RY, EC.
401
inſtance a Merchant may be in Expectation of valuable Cargoes from a diſtant
Country, and in Time of War the Delay of Convoys, and other Incidents, may
impede their Arrival till ſome Months after the Time he had rationally cal-
culated. In the Interval preſſing Demands come upon him from the Manu-
facturers of Goods he has exported to the Country from which he expects his
Return with Profit in valuable Imports. If a Friend lends him his Paper for
three Months, that is to ſay, allows him to draw upon him, and that Friend
is a Man of eſtablished Credit, whoſe Paper his Banker will diſcount-here
is a Difficulty removed, perhaps the Failure of a good Man prevented.
So far, no Miſchief has ariſen, but on the contrary a Benefit has been con-
ferred to which no ſolid Objection can be made. But unhappily this Circu-
lation of good Paper, upon juſtifiable Emergencies, has opened a Door to an
extenſive Circulation of bad Paper, upon the worſt Principles; and as Bankers
of all other Perſons are moſt liable to be impoſed on, and (if they are diſhoneſt)
to impoſe upon others, an Explanation of this Species of 1purious Credit,
properly belonged to this Chapter.
Taking it for granted that the Bankers, being Men of great Experience, will
take as much Care of themſelves as poſſible, we fall only mention, for the
Information of the Public at large, that Detections have been made of late
Years of Perſons who have ſubſiſted entirely upon the Circulation of Paper
Money, by drawing upon each other, and converting Part of the Money fo
raiſed, by diſcounting or paſſing their Bills with Tradetmen, to their own Uſe;
and when their Credit has failed, which muſt inevitably be the Caſe ſooner
or later, they have abſconded. To leave no Doubt upon the Mind of any Per-
ſon whom this may hereafter concern, it is neceſſary to explain, that by
increaſing the Sums drawn for, they have been enabled to live upon Part of
the Spoils for one, two, or three Years, and at the Cloſe, when perhaps they
have eſcaped to the Continent, it is a general Sweep of the whole Amount
of the lait Bills they could get diſcounted.
With Reſpect to the Power of Bankers to commit Frauds of this Nature,
we ſhall ſcate it only as a Power, which they certainly may, but we do not
know that any of them have ever exerciſed, and which we hope they never
will. A Combination of a Banker with one or more of his Cuſtomers, or with
ſome Country Bank may enable him to raiſe Money upon Bills drawn upon
him to a conſiderable Amount. It ſhould, therefore, be a Rule with all Perſons
keeping large Sums in the Hands of Bankers, to enquire firſt into the Solidity
of their Capital. Secondly, how they employ the Balances that remain with
them—that is to ſay, the Difference between their Receipts and Diſburſements
- for it will readily be perceived that if the former did not exceed the latter
conſiderably, they could not ſubfiſt. If theſe Balances are veſted in Govern-
ment or other good Securities, readily convertible into Caſh, at a ſhort No:
tice, to anſwer extraordinary Calls, ſuch Bankers may be confided in; but if
they are liable to be paid away to ſettle Loſſes in Stock-jobbing Accounts,
their Cuſtomers are in great Jeopardy.
The laſt Conveniency I ſhall mention of private Bankers, is, that Tradeſ-
men ſleep in Security, without the Dread of Fire or Thieves, who lodge their
Money (above their petty Caſh) in their Hands, which ſome do every Evening.
The Houſes and Vaults of Bankers being ſecured in an extraordinary Manner,
and properly guarded, which cannot be the Caſe generally, with the Habi-
tations of private Citizens.
Bankers will lend Money on Plate, Jewels, Title Deeds of Houſes and Lånds,
and other ſimilar Securities, ſuch as the Receipts for Subſcriptions to Govern-
ment Loans, &c. when they are well acquainted with the Owners.
Of Ufury.
IT
is defined to be Money given for the Uſe of Money, or the Gain of any Thing 3 Int. 1514
by Contract above the Principal, or that which was lent; exacted in Confi-
deration of the Loan, whether it be of Money or any other Thing.
5 K
Some
402
OF U SU RY, &c.
3 Inft. 151,
152,
1 Med. 6o.
Ibid,
Some declare Uſury to be an Exaction of Profit for a Loan made to a Perſon
in Want and Diſtreſs ; and Mr. Malynes in his Lex Mercatoria terms it a Biting,
from the Etymology of the Hebrew Word Neſbech (by Mr. Humphreys in his
Annotations on Neſbech, which he ſuppoſes a general one for Uſury); but after
all, it properly conſiſts in extorting an unreaſonable Rate for Money, beyond
what is allowable by Law.
The letting Money out at Intereſt, or upon Uſury (theſe being formerly re-
garded as ſynonimous Terms) was againſt the Common Law; and in Times paſt,
if any one after his Death was found to have been an Uſurer, all his Goods and
Chattels were forfeited to the King, &c. and according to ſeveral ancient Sta-
tutes, all Uſury is unlawful; but now neither the Common nor Statute Law
abſolutely forbid it.
On the contrary, a reaſonable (that is a lawful) Intereſt may be taken for Mo-
ney at this Day. The Stat. 27 Hen. VIII. Cap. 9. allowed ten per Cent, for
Money lent on Mortgages, &c. which was revived by 13 Eliz. Cap. 8. And 21.
Jac. I. Cap. 17. ordained eight per Cent. The 12 Car. II. Cap. 13. lowered
reſt to fix per Cent. and 12 Ann. Cap. 16. to five per Cent, at which it has
remained fixed ever ſince.
Hawk. 246. It hath been adjudged on this laſt Statute, that a Contract for ſix per Cent. made
before the Statute, is not within the Meaning of it; and therefore that it was
ſtill lawful to receive ſuch Intereſt, in Reſpect of ſuch a Contract. And if a
Man, when Intereſt was at fix per Cent. lent Money at that Rate, and after the
Statute comes and links the Intereſt to five per Cent. if he continues the old
Intereſt on that Bond, the Bond ſhall not be void as ufurious, but it is ſaid the
Party ſhall be liable to forfeit treble Value.
The Receipt of higher Intereſt than the Law allows, by Virtue of an Agreen
ment ſubſequent to the firſt Contract, doth not avoid an Aſſurance fairly made;
and a Bond made to ſecure a juſt Debt, payable with lawful Intereſt, ſhall not
be avoided by a corrupt ufurious Agreement between others, to which the
Obligee was no Ways privy; nor ſhall Miſtakes in drawing Writings make void
any fair Agreement.
I Brownl.732 If the original Contract be not uſurious, nothing done afterwards can make
2 Aud. 428. it ſo; and a counter Bond, to ſave one harmleſs againſt a Bond made upon a cor-
4 Shep. Abr.
rupt Agreement, will not be void by the Statutes; but, if the original Agree-
ment be corrupt between all the Parties, and ſo within the Statutes, no Colour
will exempt it from the Danger of the Statutes againſt Ufury.
A Fine levied, or Judgement ſuffered, as a Security for Money, in Purſuance
of an uſurious Contract, may be avoided by an Averment of the corrupt Agree-
ment, as well as any common Specialty, or parole Contract. And it is not ma-
terial whether the Payment of the principal and the uſurious Intereſt be ſecured
by the fame, or by different Conveyances, for all Writings whatſoever, for the
ſtrengthening ſuch a Contract, are void ; alſo a Contract reſerving to the Lender a
greater Advantage than allowed, is ufurious, if the whole is allowed by Way of
1 Harwk.P.C. Intereſt, or in Part only under that Name, and in Part by way of Rent for a
Houſe let at a Rent plainly exceeding the known Value; ſo where Part is taken
3 Nell. Abr.
before the End of the Time, that the Borrower hath not the Profit of the
whole principal Money, &c.
By Holt C. J. If A. owes B. 100l. who demands his Money, which A. ac-
quaints him he hath not ready, but is both willing and deſirous to pay it, if B.
can procure the Loan from any other Perſon; and thereupon B. having preſent
Carth. Rep. Occaſion for his Money, contracts with C. that if he will lend A. 1001. he will
give him rol. on which C. lends the Money, with which the Debt is paid to B.
this is a good and lawful Contract, and not ufurious, between B. and C.
3 Salk. 390.
It is not Uſury if there be not a corrupt Agreement for more than Statute In-
tereſt; and the Defendant ſhall not be puniſhed, unleſs he receive ſome Part of
the Money, in Affirmance of the uſurious Agreement.
There can be no Uſury without a Loan; and the Court hath diſtinguiſhed
between a Bargain and a Loan.
170.
248.
509.

252.
i Lutw. 273•
Sid. 27
If
OF U SU RY, E c.
403
2 Rob. Abr.
801.
i Dany. Abr.
44
249.
119.
If a Man lend another rool. for two Years, to pay for the Loan zol but if Cro. Jac.
he
pays the Principal at the Year's End, he ſhall pay nothing for Intereſt; this
5 Rep. 69.
is not Uſury, becauſe the Party may pay it at the Year's End, and ſo diſcharge
himſelf.
And it is the ſame where a Perſon, by ſpecial Agreement, is to pay double 2 Inf. 89.
the Sum borrowed, &c. by Way of Penalty for Non-payment of the principal
Debt; the Penalty being in Lieu of Damages, and the Borrower might repay the
Principal at the Time agreed, and avoid the Penalty,
A Man ſurrenders a Copyhold Eſtate to another, upon Condition that if he 2 Roll. Rep.
pays 8ol. at a certain Day, then the Surrender ſhall be void ; and after it is agreed 469.
between them, that the Money ſhall not be paid, but that the Surrenderer ſhall
forfeit, &c. in Conſideration whereof the Surrenderee promiſes to pay to the
Surrenderer, on a certain Day, bol, or 61. per Annum, froni the ſaid Day, pro
ufu & intereſſe damnorum, and not lucri, and but limited as a Penalty for Non-
payment of the 6ol, as a Nomine Pæna, &c.
On a Loan of 100l. or other Sum of Money for a Year, the Lender may Cro. Jac. 26.
agree to take his Intereſt half-yearly or quarterly, or to receive the Profits of
a Manor or Lands, &c. and be no Uſury, though ſuch Profits are rendered every
Day.
If a Grant of Rent, or Leaſe for 201. a Year of Land which is worth 1001, Jenk. Cent.
per Annum, be made for 100l. it is not ufurious, if there be not an Agreement
that this Grant or Leaſe ſhall be void upon Payment of the Principal and Ar-
rears, &c.
But if two Men ſpeak together, and one deſires the other to lend him 100l. 1 Cro. 27.
and for the Loan of it he will give more than legal Intereſt; and to evade the See.: Leon.
Statute, he grants to him 30l. per Annum, out of his Land, for ten Years; or
makes a Leaſe for one hundred Years to him, and the Leſſee regrants it, upon
Condition that he ſhall pay 301. yearly for the ten Years ; in this Caſe it is
Uſury, though the Lender never have his own iool. again.
A Man granted a large Rent for Years, for a ſmall Sum of Money; the Sta- 4 Shep. Abr.
tute of Ufury was pleaded ; and it was adjudged, that if it had been laid to be upon
a Loan of Money, it had been ufurious, though it is otherwiſe if it be a Contract
for an Annuity.
If one hath a Rent-Charge of 301. a Year, and another aſketh what he ſhall 3 Nelf. 510.
give for it, and they agree for 100l. this is a plain Contract for the Rent-Charge,
and no Uſury.
The Grant of an Annuity for Lives, not only exceeding the Rate allowed for Cro. Jac. 253
Intereſt, but alſo the Proportion for Contracts of this Kind, in Confideration of 2 Lov. 7;
a certain Sum of Money, is not within the Statutes againſt Uſury; and ſo, of 182.
a Grant of an Annuity on Condition, &c.
Where Intereſt exceeds 5l. per Cent. per Annum on a Bond, if poſſibly the 2 Cro. 208.
Principal and Intereſt are in Hazard, upon a Contingency or Caſualty, or if there 508.
is a Hazard that one may have leſs than his Principal, as when a Bond is to pay Show. 8.
Money upon a Return of a Ship from Sea, &c. theſe are not Uſury.
Though where B. lends to D. 300l. on Bond, upon an Adventure during the Cartherw. 67,
Life of Ē. for ſuch a Time; if therefore D. pays to B. 201. in three Months, 68.
Comberb. 125.
and at the End of fix Months the principal Sum, with a further Premium at the
Rate of 6d. per Pound a Month; or if before the Time mentioned E. dies, then
the Bond to be void ; this, differing from the Hazard of a Bottomry Bond, was
adjudged an ufurious Contract.
100l. is lent to have 1201. at the Year's End, upon a Caſualty; if the Caſu- 3 Salk. 391.
alty goes to the Intereſt only, and not the Principal, it is Uſury: The Difference
in the Books is, that where the Principal and Intereſt are both in Danger of be-
ing loſt, then the Contract for extraordinary Intereſt is not ufurious ; but when
the Principal is well ſecured, it is otherwiſe.
A Perſon ſecures the Intereſt and Principal : If it be at the Will of the Party 2 Cro. 509.
who is to pay it, it is no Uſury.
And a Lender accepting a voluntary Gratuity from the Borrower, on Payment 2 Cro. 677,
of Principal and Intereſt, or receiving the Intereſt before due, &c. without any 3 Cro.501.
corrupt Agreement, ſhall not be within the Statutes againſt Ufury.
And
170.
í Cro. 27.

404
of U SU RY, &c.
4 Leon. 43•
i Hawk. 248.
Pafch. 6 W'.
and M. B R.
And if one gives an ufurious Bond, and tenders the whole Money, yet if the
Party will take only legal Intereſt, he ſhall not forfeit the treble Value by
Statute.
Raym. 191. On an Information upon the Statute of Uſury, he who borrows the Money
may be a Witneſs after he hath paid the Money.
Lutw. 466. In Action for Uſury, the Statute againſt Ufury muſt be pleaded, and a corrupt
3 Lill
: 672. Agreement ſet forth: It is not ſufficient to plead the Statute, and ſay that for the
3 Nelf. 514.
lending of 20l. the Defendant took more than 5l. per Cent. without ſetting forth
a corrupt Agreement or Contract.
And in pleading an ufurious Contract by way of Bar to an Action, the whole
Matter is to be ſet forth ſpecially, becauſe it lay within the Party's own Privity;
but in an Information on the Statute, for making ſuch a Contract, it is enough
to mention the corrupt Bargain generally, by Reaſon Matters of this Kind are
ſuppoſed to be privily tranſacted, and ſuch Information may be brought by a
Stranger.
In Caſe of Ufury, &c. an Obligor is admitted to aver againſt the Condition
of a Bond, or againſt the Bond itſelf for Necefſity's Sake.
The Word Corruptive is neceſſary in a Declaration for Uſury, &c.
Uſury has been decried in all Ages, both by Jews and Chriſtians; the former
were by their Laws prohibited to take it of their Brethren, though Mofes (as
Sir Johah Child ſuppoſes) for a political Reaſon, perinitted them to receive it
from Strangers, as a ſure Means of enriching the Hebrews; and though any
Share of Intereſt or Uſury was ill thought of by the Fathers and others, in the
firſt Ages of Chriſtianity, it has for ſome Time paſt been eſteemed rather an
Advantage than a Detriment to a trading People, and conſequently been en-
couraged (though with proper Limitations) by the Legiſlature; a lawful Intereſt
has therefore now loſt the Name of Uſury, which is only continued to thoſe
illegal Exactions that are the Ruin of many, when Extortioners find Means to
evade the wholeſome Laws ſubliſting againſt them, and prey upon the Neceſſities
of their poor Neighbours: Theſe may juſtly be ſaid greedily to drink up the
Widows and Orphans Tears; and we have too many of ſuch Miſcreants among
us, who being loſt to all Senſe, not only of Religion, but even of Humanity,
improve the Opportunity of others preſſing Neceſſities to their own Advantage,
and grow rich and opulent upon the Spoils and Deſtruction of their fellow
Creatures.
All the Exertions of the Britiſh Legiſlature have hitherto been ineffectual
to ſuppreſs the Practice of exorbitant uſurious Contracts, for the Loan of Money
to diſtreſſed Individuals. Various Stratagems are contrived by the Money
Lenders, who advertiſe in the public Newſpapers, to take Advantage of the
Prodigal and the Unfortunate. The moſt common Method, which we in-
troduce here as a Caution, is to ſtipulate for a Premium, which they will oblige
the Borrower to pay back on the Inſtant, together with a year's Intereſt in
Advance, and then they take the Security, whether Bill, Bond, or Alignments
of Land or Houſes, for the ſpecific Sum lent. Thus, if you apply to them for
the Loan of 100l. for a Year, they will demand a Premium or Confideration,
and if the Security is only perſonal, you will hardly obtain it under 201.
Having agreed to this exorbitant Demand, and your Bond or Note for 100l.
being prepared, that Sum is laid before you, and you are directed by the
Money Lender or his Agent, to return 20l. and 5l. for the Year's Intereſt, this
being done, you deliver the Security for 100l. and carry away only 751.
you are not ready to diſcharge the Debt at the Expiration of the Year, it is
poſſible, by granting a freſh Note or Bond for 1201. you may obtain the Loan of
the original Sum you have received, viz. 751. for another Year, at the Endof
which, you will have to pay 1252. including the laſt Year's Intereſt, which is
exactly sol. for the uſe of 751. for two Years.
Extravagant as the above Contracts may appear, it falls infinitely ſhort of
ſome Caſes, which within theſe few Years have come before the Courts in
Weſtminſter-Hall, for Recovery of the Securities given for Money fo lent.
For in ſome, very large Sums were lent to young Gentlemen of Rankand Fortune,
and

1
.
If

OF CU S T O M S &c.
409
And as a Merchant is always in Time to make his Poſt, he ſhould take Care not
to over-enter, to avoid as weli the Advance as the Trouble in getting the Over-
plus back; however, if this is the Caſe, and an Over-Entry has been made, and
more paid or bonded for Cuſtoms than the Goods really landed amount to, the
Land-waiter and Surveyor muſt fignify the ſame, upon Oath made, and ſubſcribed
by the Perſon ſo over-entered, that he, or any other perſon to his Knowledge,
had not any of the ſaid Goods over-entered on board the ſaid Ship, or any where
landed the ſame without Payment of Cuſtom; which Oath muſt be atteſted
by the Collector and Comptroller, or their Deputies, who then compute the
Duties, and ſet down on the Back of the Certificate, firſt in Words at Length,
and then in Figures, the ſeveral Sums to be paid; which Certificate and Endorſe-
ment are as follows:
The CERTIFICATE,
Theſe are to certify, that 7. F. did pay his Majeſty's Duties inward in the
Dolphin, Thomas Wheeler, Maiter, from the Sound, the 9th Day of May, 1751, for
124 Ton of Iron, 35 hundred and an half of Copper in Plates, and 800 hundred
Clap-Boards; and we the Officers underwritten did examine the ſame at the
Delivery thereof out of the ſaid Ship, and found no more than 118 Tons of Iron;
33 hundred Weight of Copper, and 763 hundred Clap-Boards : And for further
Manifeſtation of the Truth hereof he made Oath, that neither he, nor any other
Perſon, to his Uſe or Knowledge, had any of thoſe Goods over-entered on board
the ſaid Ship, or in any Place landed them without paying Cuſtoms. Dated at
the Cuſtom-bouſe, London, the 14th Day of May, 1751.
W. B. Surveyor.
H. S. Landwaiter.
Jurat. J. F. that the Contents of the above-mentioned Certificate are true,
7. F.
The Endorſement, with a Sum for a true one.
One Moiety of the old Subſidy, three Pounds ten Shillings 1. S. d.
and nine Pence Farthing.
3 10 9
New Subſidy, ſeven Pounds one Shilling and Six-pence three
Farthings.
7 16
The third Subſidy, two Pounds ſeven Shilling and two Pence
Farthing.
2 7 2
Additional Duty, three Pounds ten Shillings and nine Pence
three Farthings.
3 10 9
16 IO 4
N. B. This Over-Entry will be paid in Courſe, though it is ſometimes two,
three, or more Months firſt.
As the Difference is very great between the Duties paid by Britiſh Subjects,
and thoſe paid by Aliens, it is neceſſary in this Place to obſerve, with Reſpect
to the making and ſubſcribing of Merchants Entries at the Cuſtom-houſe, that
any Britiſh Man may cuſtom, in his own Name, the Goods of another Britiſh
Man; fo may one Merchant Stranger enter the Goods of another Merchant
Stranger: but he that ſo enters the Goods of another Perſon, that the King loſes
his Duty, forfeits the Goods to the King, &c. and likewiſe all his own Goods
and Chattels for ever. i Eliz. Cap. II. S. 6.
Bills of Sight.
When Goods come conſigned to any Merchant, and he has not received any
Invoice, Bill of Lading, or other Advice, from his Correſpondent, or happens
by any other Cauſe to be ignorant of the real Quantities and Qualities of the ſaid
Goods, ſo that he is not capable of making a perfect Entry of the fame, he muſt
acquaint the Collector and Comptroller thereof, and deſire a Bill at Sight, or
5 M
View,
410
E c.
OF C U S T O M S,
-
View, in Order to have them brought on Shore and examined; who, upon the
Merchant's making Oath to the Truth of his Allegations, and depoſiting ſuch
a Sum of Money in the Collectors Hands, as may be conjectured to be ſufficient
to anſwer the Duties, will grant ſuch Bill. The Form thereof, and the whole
Method of Execution muſt be as follows:
Fanuary 23, 1781.
In the Britain of London, Jonathan Dael Maſter, from Oftend.
Edward Hague.
Sight
A. F.
of Merchandiſe, Quantity and Quality unknown.
Nº. 1 to 5.12 Packets
Andrew Fountain maketh Oath, that neither he, nor any other Perſon for his
Uſe, has received any Invoice, Bill of Lading, or other Advice, or doth know the
Contents of any of the Goods above mentioned, ſo as to be capable of making a
true and perfect Entry thereof, without having them firſt examined by the
Officers of the Cuſtoms.
Jurat 23d die Januarii
, 1781.
Signed Edward Hague.
Coram me A. B. Collector.
2 Caſes
I Bale
lor
C. R. ILand-Waiters.
Sufficient Money being depoſited to ſecure the Duties, you may permit the
Goods above mentioned to be landed under your Care, and to be brought to his
Majeſty's Warehouſe, to bet here viewed, examined, &c. by the Surveyor and the
Land-Waiters, who are to endorſe the particular Quantities and Qualities on
the Back hereof, and return the ſame to us immediately, that a perfect Entry
may be made: but the Goods are not to be delivered till ſuch perfect Entry be
made, and his Majeſty's full Duties be paid.
Depoſited one hundred Pounds,
R. M. Collector, T. W. Cuſtomer, I. L. Comptroller.
E. B. Surveyor.
W. A. Tide-Surveyor.
Το
M.P.
}
Land
The ſubſequent is an Account of the Duties which may be bonded, and when payable.
Additional Duty on Linen and Silk may be bonded for twelve Months,
Ditto, on Tobacco and Wine, for nine Months.
New Subſidy on Tobacco, for three Months.
Subſidy on Tobacco, for nine Months.
Impoſt on ditto, for eighteen Months.
Ditto on Wine, at three equal Payments, viz. payable at three Months, I.at
ſix Months, and į at nine Months.
Impoſt 1690, Impoſition 169}, and New Duty on Whale-Fins at four equal
Payments, viz. payable at three Months, payable at fix Months, i payable
at nine Months, and payable at twelve Months.
New Duty on Raſins, Nutmegs, Cinnamon, Cloves, Mace, and Snuff, may
be bonded for twelve Months.
The Duties on Coals, &c. coaſt-wiſe, may be bonded for three Months.
Time allowed to export by Certificate.
The Merchants are allowed, for their ſhipping off Tobacco, Sugar, Ginger,
Pepper, Bugles alias Beads, Caft and Bar Iron, dying Wood, all dying Wares
and Drugs, eighteen Months to Britiſh, and fifteen Months to Aliens, to have
2, 3 and9Ann. their Drawback; and all other Goods, twelve Months to Britiſh, and nine
Months to Aliens.
Amber Beads, rough Amber, Coral Beads, and poliſhed Coral, and all Cowries,
may draw back the Impoſt 169 exported in three Years,
3
Good's
4
and
5
and M.
U S T O M S
411
Esci
Goods on which no Drawback is allowed.
P. 307.
Mum, by 1 W. and M. Cordage, 6 Ann. Hops, 9 Ann. Tobacco, exported in
Ships under twenty Tons Burthen, 9 Ann. Tobacco, exported to Ireland, until a
Certificate be produced of its being landed there, 9 Ann. Alamodes and Luftrings,
9 Will. III.
An Act paſſed, 30 Geo. II. the Preamble to which recites, That the Duties 30 Geo
. II.
granted by an Act of 7 and 8 Will. III. upon French Wines, and other Goods,
of the Growth, Product, or Manufacture of France, as well as ſeveral other
Duties upon various Goods imported into this Kingdom, are by Law not to
be drawn back upon the Re-exportation thereof into Foreign Parts: And
that as ſuch Duties have been found, in ſeveral Inſtances, to be equal to
the Value of the Goods taken as Prize from the French, the Captors have
thereby ſo far loſt the Benefit of their Prizes ; and have therefore often been
induced to carry their Prizes directly to foreign Parts, to the Prejudice ofP. 308.
this Kingdom ; and that it is therefore enacted, That any Goods of the
Growth, Product, or Manufacture of France, or any of the Dominions be-
longing to the Crown of France, that have been, or ſhall be taken, during the
preſent War, and brought hither by any of his Majeſty's Ships of War, or Pri-
vateers, may, upon Condemnation thereof as lawful Prize, be landed, and ſe-
cured, under the King's Locks, in Warehouſes provided at the Expence of the
Captors, with the Approbation, and under the Inſpection of the Commiſſioners,
or other principal Officers of the Cuſtoms and Exciſe, to which ſuch Goods are
liable; and upon Admiſſion of ſuch Goods taken fince the Declaration of War,
nto ſuch Warehouſes, there Thall be paid the following Duties, which ſhall
not be drawn back or repaid upon the Exportation ; viz. For all ſuch Goods
(except Wines and Vinegar, and ſuch Goods as are herein after enumerated)
of the Growth, Product, or Manufacture of France, or any of the Dominions be-
longing to the Crown of France, taken by any of his Majeſty's Ships of War,
the Half of the Old Subſidy granted by the Act of Tonnage and Poundage, of
12 Car. II. and the whole of the further Subſidy of Poundage, granted by the
Act of 21 Geo. II. being what is commonly called, The Subſidy of one thouſand ſeven
hundred and forty ſeven; and for the like Goods taken by any private Ship of
War, the Half of the ſaid Old Subſidy, and no more; and the ſaid Duties to be
paid, and applied, as they are by Law appropriated, but ſubject to the cuſto-
mary and legal Diſcounts, and Allowances, for Damage; and for every Ton of
French Wine and French Vinegar, taken either by his Majeſty's Ships of War,
or Privateers, the Sum of Three Pounds; and after the ſame Rate for any greater
or leſſer Quantity; to be paid into the Exchequer, as Part of the Duties ariſing
by the Act of 18 Geo. 11. for granting to his Majeſty ſeveral additional Duties upon p. 309.
all Wines imported into Great Britain; and for raiſing a certain Sum of Money by
Annuities and a Lottery, in Manner therein mentioned; to be charged on the ſaid
additional Duties.
DO
The ſaid Subſidies are to be paid ad Valorem, upon the Oath of the Captors
or their Agents, upon the following Goods; viz. Upon all Sorts of Woolen and
Silk Manufactures, and Hats, Handkerchiefs, Checks, Knives, and Nails, not-
withſtanding the ſame may have been rated in the Book of Rates of 12 Car. II.
or the additional Book of Rates of 11 Geo. I. and are to be levied and collected,
and to be under the ſame Penalties and Forfeiture, as are directed and pre-
ſcribed by the Act of 11 Geo. I. for rating ſuch unrated Goods and Merchandizes
as are uſually imported into this Kingdom, and pay Duty ad Valorum, upon the
Oath of the Importer; and for aſcertaining the Value of all Goods and Merchandizes
not inſerted in the former or preſent Book of Rates, &c.
No Duties or Čuſtoms are to be taken for Prize Goods, conſiſting of any
Military or Ship Stores.
Prize Goods of the Growth, Product, or Manufacture of France, or any
of P.
the Dominions belonging to the Crown of France, which ſhall be received into
any Warehouſe, or which are now remaining in any Warehouſe in this King-
dom,
310.
412
0 F CU S T O M S &c.
P. 371.
dom, where they have been ſecured, under the King's Locks, by the Permiſ-
fion of the Commiſfioners of the Cuſtoms, may, upon Payment of the Duties
before directed (if the ſame have been taken ſince the Declaration of War) be
exported directly from thence, without paying any further Duty of Cuſtoms or
Exciſe for the fame; and if taken before the Declaration of War, they may be
exported without Payment of any Duty of Cuſtoms or Exciſe whatſoever; the
Exporter giving Security in Double the Value of the Goods, that the ſame ſhall
be exported, and not brought back again or relanded in any part of Great Britain,
or the Inand of Guernſey, Jerſey, Alderney, Sark, or Man ; which Security the
Cuſtomer or Collector of the Port from whence the ſame are intended to be
exported, is to take in his Majeſty's Name, and to his Uſe.
But if ſuch Goods are taken out of the Warehouſe, to be conſumed in this
Kingdom, the Remainder of the Duties which would have been payable thereon,
if the ſame had been regularly imported by Way of Merchandize, are to be firſt
paid up; and ſuch Goods, in all other Reſpećts, are to be liable to the ſame
Reſtrictions and Regulations to which they would have been ſubject, if this Act
had not been made.
But Wines which, at the Time of landing, ſhall be damaged, corrupt, or
unmerchantable, and which ſhall be given up to the Officers of the Cuſtoms,
to be publickly ſold, in order to be diſtilled into Brandy, or to be made into
Vinegar, in Manner directed by the Act of 12 Geo. I. for the Improvement of
bis Majeſty's Revenues of Cuſtoms, Exciſe, and Inland Duties, are not chargeable
with the before-mentioned Duty of 31. per Ton.
The Duties payable upon Goods of the Growth, Product, or Manufacture,
of
any
other Country or Place, except France and the Dominions belonging to
the Crown of France, which may be taken as Prize, and condemned in this
Kingdom, are no Ways lefſened or altered by this Act.
Almoſt all Goods and Merchandize' imported, pay Duties, and are to be de
livered either by Tale, Weight, Meaſure, or Gauge.
Thoſe which pay Duty by Tale, are, at the Delivery, to be tallied at one,
ten, twenty, &c according to the Nature of them; and as the Merchant can-
not (generally) have any Pretence for a ſhort Entry in Goods by Tale, therefore
it is fuppoſed that (in Strictneſs) no Poſt-Entry ſhould be admitted of.
The Goods paying Duties by Weight, are to be brought to the King's Beam,
and weighed, in order to adjuſt the true Quantity for which his Majeſty's
Duties ought to be paid; for, in Conſideration of the different Proportion which
foreign Weights bear to the Britiſh, the Waſte, &c. which may happen
during the Voyage, and the Draughts and Tares to be allowed on the Landing,
it cannot be expected that a perfect Entry can be made at firſt; but to enable
the Merchant to make the neareſt Eſtimate of the true nett Weight to be en-
tered, he will be furniſhed in the Progreſs of this Work with a Table of the
Proportion which all foreign Weights bear with our's, and alſo with the par-
ticular Draughts, Tares, &c. on all Goods imported; abſtracted 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 Huſband) are to enter
in their Books (and ſhould check with one another every Day) and from the
Total of the ſaid Groſs Weight is to be deducted an Allowance in Conſidera-
tion of
DRAUGHT, according to the following reſpective Weights,
viz.
1 lb. Dra.
On all Goods imported, weighing under i Cwt.
From 1 to 2
2 to 3
2
to IO
3
Io to 18
3
4
7
9
18 to 30
or upwards
4
Except
OF
413
CU S TO
U
M S, &c.
S. 15
Except Tobacco of the Britiſh Plantations, which is to be allowed eight 9 Geo
. C. 21.
Pounds Draught only, for every Hogſhead of 350 lb. or upwards.
Theſe Allowances for Draughts, the Landwaiters may (when they are very
different) inſert in their Books, oppoſite to each reſpective Draught; or (when
they are not very different) compute the fame, by counting the Number of the
Draughts at each ſeparate Allowance.
The Allowance for Draught being deducted, there is, (in moſt Caſes) a far-
ther Allowance to be made out of the remaining Weight, called
TARE, being a Confideration of the outſide Package that contains ſuch
Goods which cannot be unpacked without Detriment; or for the Papers,
Threads, Bands, &c. that inclofe or bind any Goods which are imported looſe;
or, though imported in Caſks, Cheſts, &c. yet can be unpacked and weighed
nett.
Several sorts of Goods have their Tares aſcertained, and thoſe Tares are not
to be altered or deviated from, in any Cafe within the Port of London, unleſs
the Merchant thinking himſelf, or the Officers of the Crown, to be prejudiced
by ſuch Tares, ſhall deſire that the Goods may be unpacked, and the nett
Weight taken; which may be done either by weighing the Goods in each
reſpective Caik, &c. nett, or (as is practiſed in Eaſt-India Goods particularly) by
picking out feveral Cafks, &c. of each Size, and making an Average, and ſo
computing the reſt accordingly. But this muſt not be done without the Conſent
of two Land-Surveyors, atteſted by their Hands in the Landwaiter's Books ;
and in the Out-Ports, not without the Conſent of the Collector and Surveyor:
And as to thofe Goods which have not their Tares aſcertained, two Land-
Surveyors in London, and the Collector and Surveyor in the Out-Ports, are to
adjuſt and allow the ſame in the like Manner.
Sometimes the Caiks, &c. are weighed beyond Sea before the Goods are put
in, and the Weight of each reſpective Caſk, &c. marked thereon, (as is uſual
for moſt Goods imported from the Britiſh Plantations) or elſe inſerted in the
Merchant's Invoice; in which Caſe, if the real Invoice be produced, and the
Officers have ſatisfied themſelves (by unpacking and weighing fome of them)
that thoſe Weights are juſt and true, they do then, after having reduced them
to Britiſh Weight (if not ſo before) eſteem them to be the real Tares, and
paſs them accordingly; though fometimes the Tares on the Cafk, &c. are
wholly diſregarded, and the real Tares taken.
But the unpacking Goods, and taking the nett Weight, being ſuppoſed the
juſteſt Method, both for the Crown and Merchant, it is uſually practiſed in the
Port of London, in all Caſes where it can be done with conveniency, and with-
out Detriment to the Goods.
Goods, delivered by Meaſure, are under three different Regulations :
1. Such as Linens particularly; which are meaſured by running Meaſure,
being no more than taking the Length of the Piece from one End to the
other.
And as in the Holland, Flanders, and ſome Sorts of German Linens, the Con-
tents in Britiſh Ells are often annexed to, or marked on each Piece, and like-
wife inſerted in the Merchant's Invoice; therefore there will not be any Diffi-
culty in making a perfect Entry: So that no Port-Entry will be admitted in
this Caſe.
And for ſuch Linens as are contented in foreign Meaſures, the Table, which
will hereafter be inſerted, proportioning them to the Engliſh, will enable the
Merchant readily to find their Contents in Britiſ Yards or Ells, according as
the Nature of the Entry ſhall require.
But thoſe German, or Eaſt-Country Linens, which are not contented, by
reaſon the ſeveral Pieces of each reſpective Sort are generally about the ſame
certain Lengths, may be entered, by computing the whole Quantity at ſuch
uſual Lengths, and delivered by the Officers, by meaſuring ſome of the Pieces,
and computing the reſt accordingly.
2. Such as Pictures, Grave and Paving Stones, and Marble Tables particularly,
which are meaſured by ſquare and ſuperficial Feet.
5 N
Such
414
OF CU S T O M S &c.
Such as Marble Blocks, and Timber particularly, which are meaſured by ſolid
or cubical Meaſure.
Goods delivered by Gauge, are Wines, &c. and all exciſeable Liquors, whoſe
Quantity to be entered may be pretty nearly determined by conſidering the Size
of the Caſks, and what accidental Leakage, or other Diminution, may have hap-
pened during the Voyage.
Before any Goods are delivered by Virtue of any Warrant, the ſame muſt be
copied into the Landwaiter's Books, as a Foundation for the Delivery, diſtin-
guiſhing the Date and Number of the Entry, the Merchant's Name, the total
Duties paid, the particular Packages, with the Marks, Numbers, and Quantities
of the Goods, for which the Duties have been paid.
And at the Delivery of the Goods, underneath the ſaid Copy of the Warrant,
muſt be inſerted the particular Manner of the Delivery, as the Tale, Weight,
Meaſure or Gauge, with the reſpective Allowances, for Draught and Tare
(where the ſame are to be allowed) from the Total, whereof the Quantity firſt
entered being deducted, the Remainder is the Quantity, for which a Poſt or
additional Entry is to be made; and when the ſame is made, the Date and
Number of ſuch Entry muſt be inſerted (oppoſite to the ſaid Mhort Entry) as
will be illuſtrated by three or four Examples annexed.
In making Entries it is uſual for Merchants to include all the Goods they
have on board the fame Ship in one, though ſometimes they may happen to be
of twenty ſeveral Denominations, or more, and as it is enacted by 12 Car. II.
Cap. 4. Sect. 4. (to which ſubſequent Acts have had Reference) That if any
Goods, or Merchandize, be brought from Parts beyond the Seas into this Realm,
by way of Merchandize, and unthipped to be laid on Land, the Subſidy,
Cuſtoms, and other Duties thereof, not paid, or tendered to the Collector,
&c. nor agreed with for the ſame in the Cuſtomhouſe, then the ſaid Goods
and Merchandizes ſhall be forfeited; therefore there was ſome Years ago a
Reſolution of the Court of Exchequer, that, to admit of Poſt or additional
Entries, where Goods are ſhort entered (the Goods ſo ſhort entered being laid
on Land before Payment of Duty) is a Matter of Favour and Indulgence, to
prevent ſuch Goods from Forfeiture; and though, in Goods delivered by Weight
and Gauge, it is almoſt impoſſible to make a perfect Entry before Landing, yet
in Goods delivered by Tale and Meaſure there cannot be any Excuſe or Pretence
for a ſhort Entry, and therefore (as has been before remarked) it ought not to be
allowed.
Examples
of CUSTOM S, &c.
415
}
1
Examples of the Examination and Delivery of Foreign Goods imported.
6th of December, 1751, No. 45.
14th of December, 1751, No. 31.
Benjamin ames f10 12 2:
John Sims £ooo
B I. No. 1 a 10 Ten Caſks, containing I. S. No. 1 a 3.
C. 50 o o of Allum.
R. V. No. 5 a 8.
10 Calks qt.
K. O. No. 3.7.9.
100 C. of Argol.
No.
I. S. No. 2 12 3 14
3
I2 O 14
3 5 3 17
12 O 14
4
R. V. 7 13 2 7
5 3 24
5
6 I
8
7
6
3
6
II 3 14
}
8. 6 o
K. O, 8
9
6 o 8
7
II 3 26
6 I 18
3 13 2
6 O 10
6 14
2
I
6 o 13
I2 3
O
I 2
13 O 18
13 O 18
IO
O
IO
128 o 27
62 2 6
I 12 Draught
10 at 7lb.
0 2 14 Draught.
60 o 22
per Cent.
O
per Cent.
o
6 I 22 Tare at 12lb.
127 2 13
15 3 22 Tare at 141b.
Delivered
53 3
Entered
500
Delivered
111 2 19
Entered Iooo o
Short
§ 3.0
Short
II 2 19
Poſted 8th December, No. 18.
Poſted the 17th December. No. 5.
15th January, 1751, No. 10. 15th January, 1751, No. 7.
George Chaſe
$12 8 6 Robert Abby
for 13 25
G. C. NO. I a 10-10 doub. Serons cont, R. A. No. I a 10-10 Sacks, cont. 20
45 C. of Barilla,
C, Weed Athes,
C.qr. lb.
C.qr.lb.
5 I
8
5 3
I
3
3
2 I 14
4 4 2 27
4 2 I 16
5
5 1 10
6
5 3 22
2 1 24
7
5 2 20
7
6
8
5 3 17
8
4
9 4 3 25
9
2 I 26
6 o
3
IO
2 I 15
No. 1
No. I
2 2
2
2
2
2
2 I 22
4 3 18
2 I 19
Na tvo no ano
1o1oooov au two-
2 2
2 2
1
IO
IO
IO
24 2
8
54 2 12
0 i 12 Draught
Io at 3lb.
0 1 2 Draught
54 I
o
3 0 24 Tare at 361b, each
24 I
6
0 2 24 Tare 81b. per Sack
4
Delivered
Entered
Short
51 O
45 o
Delivered 23 2 10
Entered
6 o.
4
20 0
O
Poited 24th of January, No. 5: Short
3 2 10
Tare thirty-fix Pounds per double Seron.
A. B.
:}Surveyors
.
Poſted 18th of January, No. 9.
B. C.)
Note, It is ſometimes imported in ſingle, and ſometimes in treble Serons of
about the ſame Weight.
And
4
416
S T O M S &c.
F
Ć U
.
Cent.
Ditto, not of the Growth, in Cheſts, Tare-as on the Cheſts, and 20 per cena
And the Draughts being noted, I ſhall now give (as promiſed) an Alpha-
betical Account of the Tares, as they are allowed at the Cuſtomhouſe of London.
A
Allum, in Caſks, Tare 13 per Cent.
Aſhes, called Pot-Aſhes, 10 per cent.
Annotto, in Cheſts of about 180lb. per Cheſt.
Aſhes, called Weed-Alhes, Tare 8īb. per Sack.
Argol, in Caſks, 14 per Cent.
B.
Barilla, in double Serons, 351b. per Seron.
Battery, in Fat, 8 per Cent.
Beads, vocat. Coral Beads, in Caſes, if covered with Rags, 3 per Cent, for
Strings, Paper, and Rags; but, if not covered with Rags, then only 2 per
Cent.
Brimſtone, in Caſks, Tare 81b.
per
Briſtles, in Fats about 5 Cwt. Tare 841b.
Ditto, undreſt in Caſks, 171b. per Cent.
Bugle, great, in Calks, 3 Ditto.
C.
Canary Seeds, in Barrels of about 2 1-4th C. Tare at zolb. each.
Capers, in Calks, Tare 1-3d.
Cochineal, in Chefts covered with Skins, containing about i i-half C. Tare golb.
Cochineal, in Barrels, about i 1-half C. Tare 36.
But is not now uſually imported in ſuch Package:
Ditto, in Bales of about 200lb. each, Tare 181b, per Bale.
Ditto, in Serons of about 2 C. each, Tare.241b. per Seron.
Ditto, in Caſks of about 250lb. each, Tare 421b. each.
Cocoa Nuts, in Cafks, tared according to their Weight.
Coffee, in Bales, from India, of about 2 1-half C. Tare 181b. per Bale.
Ditto, in Bales, from Turkey, of about 3 C. Tare 15lb. per Bale,
Copper, in Fats, Tare 81b. per Cent. but never ſo imported.
Copper-Ore, in Cafks of near 2 C. each, Tare 21lb. per Caſk,
Copperas, green, in Cašks of about 10 1-half C. Tare 10 per cent.
Cowries, in Bags, of about i 1-half C. Tare blb. per Bag.
D
DRUG S.
Aloes Succotrina, in Cheſts, about 3 1-half C. Tare Solb.
Ditto, in Cheſts, of about 2 1 -half C. Tare 551b. per Cheſt for Cheſts, and
10 per cent for Bladders.
Ditto Epatica, in Gunny, about 100, Tare 8lb. about 2 or 300, Tare, 141b.
But in Goods from the Britiſh Plantations, the preſent uſual Allowance for
Tare is i 5-th Part.
for Leathers.
Antimony, in Caiks, Tare 61b. per Cent.
Argentum Sublimatum, or Quickſilver, about I 1-4th, or i 1-half Ç. in Boxes,
Barrels, and Leather, Tare 361b. in Barrels Tare 141b.
Alja Fætida, in Baſkets, about 1-4th Cwt. Tare 3lb. per Bafket.
Ditto, in Cheſts from India, Tare golb. per Cheſt.
Barley hulled, cr Pearl Barley in Čalks of about 4, 1-half C. Tare at 45lb. per
Caik, when they do not come tared, or if they do, then the Tare that is on
them.
5 sigan mo
Bdellium,


OF CU S T O M S, &c.
417
Bdellium, in Cheſts of about 3 1-half C. from India, Tare bolb. per Cheſt.
Benjamin, in Do. about 3.1-half C. Tare golb.
In Gunny, about 100 wt. Tare 81b. about 2 and 300 wt. Tare 141b.
Bole, in Caſks, Tare 81b. per C.
Camphire, in Tubs, about 1-half or 3-4ths of an 100, Tare 181b, but ſeldom
imported unleſs refined in ſmall Quantities from Holland.
Cardamons, in Bales, about 200 wt. Tare 141b.
Carraway Seeds, in Canvas Bales, about 300 wt. Tare rolb. but are ſcarce ever
imported.
Caſſia Fiſtula, in Caſks, Tare as on the Caſks.
Caſſia Lignea, in Cheſts, about 2 C. Tare 991b. per Cheſt.
Caſia Minea, in Bags, of about 1 C. Tare 41b. each.
Cinabrium, or Vermillion, in Tubs, about 3 1-half hund. Tare 361b. But the
Officers, having been diſſatisfied with the above Allowance, have on ſome
Occaſions tared the Tubs, and have found them on an Average only to
deſerve 241b.
Coculus India, in Bags, about 1 C. Tare 81b. per Bag.
Coloquintida, in Cheſts, Tare 1-5th Part.
Ditto, in Bales, of about 3 1-half C. Tare at 30 lb. per Bale.
Coral, unpoliſhed in Caſes, Tare as on them.
Cortex Peruvianus, or Jeſuits Bark, in Serons, about 1 C. Tare at 141b. per Seron.
Cream of Tartar, in Caiks, Tare taken from the Merchant's Invoice, not being
marked on the Caſks.
Cubebs, in Bags, Tare 41b.
Cumnin Seeds, in Sacks, about 2 1-half C. Tare at 12lb. each.
Diagredium, or Scamony, in Cheſts, about 3 1-half C. Tare 7olb. per Cheft.
Diagredium, not of the Growth, in Cheſts, about 2 C. Tare at 80lb. per Cheſt.
and 12 per Cent. for Boots.
Fennel Seeds, in Bales, about 3 1-4th C. Tare 12lb. per Bale.
Fechia Brugiata, in Butts, about 11 C. Tare 14 per cent.
Galanga, in Bales, about 1 C. Tare rolb. per Bale.
Green Ginger, in Jars, about 100 wt. Tare 281b.
Gum Arabić, in Sacks, about 3 C. Tare rolb. per Sack.
Gum Elemi, according to the preſent Practice, has an Allowance (beſides for
the outward Package) of 12 per cent. for the Shavings that it is wrapt in.
Gun and Seed Lack, in Gunny, about i hund. Tare 7lb. 2 or 4 hund. 141b.
Shellack, in Cheſts from India, Tare as Cheſts weigh.
Sticklack, in Cheſts from ditto, about 2 3-4ths C. Tare from 100 to 110lb. each.
Ditto, in Bags, about 1 C. Tare 5lb. each.
Incenſe, or Olibanum, in Gunny, 2 or 3 hund. wt. Tare 141b, I hund. wt. Tare 81b.
Dittö, from India, in Cheſts, about 5 C. tared from 104 to 112lb each.
Innglaſs, in Fats, about 3 1-half or 4 hund. wt. Tare 841b.
ujubes, in Fats, Tare 161b. per Cent.
Yuniper Berries, Italian, of the Growth, in Caſks, Tare as on them.
Ditto, Dutch, of the Growth, in Caſks, about 3 C. Tare at 7olb. per Caſk.
Manna, of the Growth, in Cheſts, about 1 1-4th C. Tare golb. each.
Myrrh, in Cheſts, from 3 1-half to four hund. wt. Tare 92lb.
Ditto, from India, in Cheſts, about 5 C. Tare 75lb. per Cheſt.
Pepper, Long, from India, in Bags, about 1 C. Tare 81b. per Bag.
Piſtachias, or Nux Piſtachia, of the Growth, in Cheſts, about 2 1-half C. Tare
Inolb. each.
Pitch, called Burgundy Pitch, in Stands, about 2 3-4ths C. Tare 561b. but now
not uſually imported.
Prunelloes, in Boxes, about 141b. wt. Tare 3lb.per Box.
Rhubarb, Turkiſh, of the Growth, in Bales, about 2 3-4ths C. tared as they
weigh, about 81 1-half lb. each.
Ditto, Ruffia, of the Growth, in Caſks, tared as upon them.
Sal Ammoniack, in Calks, from Italy, Tare as upon
them.
Sarſaparilla, of the Growth, in Bales, about 1 C. Tare 5lb. per Bale.
Tamarinds,
50
418
&c.
0 F C U S I O M S,
Tamarinds, from India, in Calks and Jars, tared as weighed.
Tincal, in Duppers, about 1 or 1-4th C. Tare 161b. about i 1-half C. Tare 20lb.
Turmerick, in Gunny, about i 1-half C. Tare 141b. 1 C. rolb.
Ditto, in Bags, from India, about 3-4ths C. Tare 61b. per Bag.
Verdigreaſe, in Leather, about 1-4th C. and 141b. Tare 3lb. But is not now
uſually lo imported.
Ditto, in Caiks, about 6 1-4th C. Tare 65lb. each.
Vitriolum Romanum, in Duppers, about 100 wt. Tare 141b. But not uſually fo
imported.
Ditto, in Cheſts, of about 3 C. Tare 55lb. per
Cheſt.
Zedoaria, from India, in Chefts, about 5 1-half C. Tare as weighed.
Note, There are many other Sorts of Drugs uſually imported into the Port of
London, which are here purpoſely omitted, as the Method of their Delivery is
the ſame with the ſeveral Examples before given, which had not their Tares
aſcertained by the Table.
F.
Feathers, in Bags, Tare, 41b. per Cent.
Flax undreſt, Tare 4lb. per Bobbin.
Note: This Tare is for the Bands round the Bobbins ; and when theſe are covered
with Mats, then there is uſually allowed for Tare 6 or 81b. per Bobbin.
Flax undreſt, in Bales or Bags, about 4 1-half C. Tare 61b. each.
Fruit, in Baſkets, vide Grocery.
G
Galls from Aleppo and Smyrna, in double Bags, Tare 71b. each, in ſingle ditto
41b, each.
Grains of Guinea, in Caſks, containing about 5 C. Tare as on the Caſks.
GROCERY.
Almonds, in Caſks, Tare 14 per Cent. In Bags, 41b. per Bag. In Serons and Bags
about 200 wt. Tare 1816. and ſo proportionably.
Note, When Almonds are imported in the Shells, it is the Practice, in the Port of
London, to allow two Thirds for the Shells.
Anniſeeds, in Serons and Bags, about 3 3-4ths hund. Tare 181b. 3
I-half ditto
with Felts, 20lb. 3 1-half ditto without Felts, 141b. In Bales about 7 C.
421b. In Caſks from Holland about 7 1-half C. Tare as on them.
Cinnamon, in Gunny, about 3-4ths or 1 C. Tare 12lb. In Skins, ſaid wt. 1416.
In Skins and Bags, 161b.
Cloves, in Caroteels, about 4 1-half C. Tare 70lb.
But are ſometimes paſſed according to the Dutch Tares, marked on the Caſks,
though uſually the real Tares are taken by emptying the Caſks and taking their
Weights.
Currants, in Buts and Caroteels, Tare 161b pèr Cent. In quarter Roll, 20lb.
ditto. In Bags about 400 wt. 1olb. per Bag;
Figs, in Barrels, Tare 141b. per Cent. "In Baſkets about 341b. çlb. each.
In
Caſks about 4 3-4ths C. 16 per Cent.
Ginger, in Bags, about 92lb. Tare 41b. per Bag.
Mace, in Caroteels, about 300 wt. Tare 7olb.
But is uſually tared as Cloves.
Nutmegs; in Caroteels, about 6 or 7 hund. wt. Tare 7olb. But is uſually tared as
Mace and Cloves, which ſee.
Pepper, in Bags, about 300 wt. Tare 41b. per Bag.
Prunes, in Puncheons, or uncertain Caiks, Tare 141b. per Cent. But this Al-
lowance having by Experience been found to be inſufficient, there is now, in the
Port of London, uſually allowed about 201b. per Cent. for the Tare of the Caſks.
Raiſins, in Baſkets, Tare 41b. each. In Frails, 6lb. each. Lipra, in Barrels
about 100 wt. 141b. each. Solis, in Calks, 12 per Gent. Though on Belvadera,
and
1. per

0 F CU S T O M S, &c.
419
I C.
I Ci 19
I C. 29.
I C. 39
Muſtard Seed, in Bags about 2 C. Tare alb.per Bag.
and Lipra Raiſins in Barrels, 231b, has been allowed on the firſt, and 181b. each
on the laſt, as they have been found to tare as much upon an Average.
Raiſins, from Smyrna, the preſent uſual Allowance for Tare is, for Fir Caſks,
12lb. per Cent. for Oak Caſks, 141b. per Cent.
Sugar, from India, in Bales, Tare 361b. in Cheſts 1-5th Part, in Caſks 1-6th
Part, in Caniſters 1-8 th Part; in Caſks St. Thome 1-5th. Loaf Sugar in Caſks,
with Paper, Thread, and Straw, Tare 161b. per Cent. But the preſent uſual
Allowances for Tare of Sugars from the Britiſh Plantations, are according to the
reſpective Weights following, viz.
All ſmall Caſks under 8 C. wt. Tare 141b. per Cent.
Every Calk from 8 to 12 C. wt. Tare
From 12 to 15 C.
From I
15 to 17 C.
Of 17 C. and upwards
Ditto, Brown, from the Eaſt Indies, in Caſks; about 4 1-half C. Tare yolb. per
Caſk.
H.
Hair, called Goats Hair, in Canvas, Tare 41b. per Cent. in Hair Cloth, žlb. per
ditto.
Hemp, called Steel Hemp, in Fats, Tare 141b. per Cent. But now not uſually
imported.
Hops, in Bags, Tare 141b. per Cent.
I.
Incle unwrought. The Skeins of that Sort of unwrought Incle, which is com-
monly called Short Spinnal, are about half an Ell or upwards in Length; and
of that which is not called ſo, about an Ell in Length.
When unwrought Incle is imported in Bales or Robins, the preſent uſual
Allowance for Tare is, for every Bale or round Robin weighing under 2 hund.
wt. 6lb. for every ditto weighing above 2 hund. wt. 81b. But if imported
in Caſes or Cheſts, it is weighed looſe, and therefore not any Allowance for
Tare.
Incle wrought, being always weighed looſe, the Allowance of Tare is only for
the Papers that contain it, which according to the preſent Practice is 2 per
Cent,
Indico, in Cheſts covered with Skins, about 1 3-4ths C. Tare 481b. in Bales
with Skins, about 1-half C. Tare 161b. But not now uſually ſo imported.
Ditto, of Britiſh Plantations, in Calks about 1-half to 2 C. Tare as on them.
Iron, old Buſhel, in Caſks, about 13 hund. wt. Tare 1071b. each.
K.
Kettle Fats, 81b. per Gent.
L.
Latten, or Round Bottoms, in Fats, Tare 81b. per Cent.
M.
Madder, in Bales, great and ſmall, ſingle and double Bags, Tare 281b.
In Fats, Tare rolb. per Cent.
Metal, prepared for Battery, the ſame Tare as for Battery, which is 81b. per

Cent.
0.
Olives, if imported in large Caſks, muſt be gauged; but in ſmall Calks or Jars
the Contents may be computed, and according to the preſent Practice in the
1
Port
420
OF CU S T O M S, & C.
, 2
Port of London, have an Allowance of 1-3d Part in Conſideration of the Li-
quor.
Oils, in certain Calks, one in twenty allowed for Leakage ; under ten, none.
In Candy Barrels, Tare 291b. per Barrel.
In uncertain Calks, Tare 181b. per Cent. .
Note, 7 1-half Pounds make a Gallon, and 252 Gallons make a Ton.
Though Oils of all sorts pay Duty by Meaſure, yet it is not the Practice to
gauge them, but if imported in uncertain Calks, they are weighed, and the
groſs Weights (after the Deductions of Draughts and Tare) are reduced to
Meaſure, by accounting 7 1-half Pound to the Gallon.
Train Oil, of the Britiſh Plantations, in uncertain Caſks, is allowed 181b. per
Cent, but in certain Čaſks, as Barrels, it is the Practice in the Port of London
to allow golb. per Barrel Tare.
P.
Piemento, in Barrels, about 2 3-4ths C. Tare as on the Caſks.
Plat, vocat. Bermudas Plat, in Calks, about I 1-halfC. Tare as on the Calks.
R.
Rice, in Barrels, about 4 C. Tare as on the Calks.
S.
Safflore, in Bales, about 6 C.
Tare 841b.
In Bags, from 2 to 3
C.
10lb. per Bag
Sago, from India, in Bags, about 941b.
Salt Petre, in Calks
12lb. per Cent.
In Gunny, about i 1-4th C.500
In treble Gunny from India about 1 C. Iqr. 131b. 181b.
Shavings, for Hats, in Bags about 8 C.
141b. each,
Shumack, in Bags, about 3 1-half C.
Iolb.
From 2 to 3 C.
8lb.
Aboutz C.669 sinolia
14.1b.
Silk of Bologna, thrown, or Orgazine, in ſhort Bales, with Searcloth, and Cotton
Wool, about 2 C. Tare 281b.
Therefore it is the Practice in the Port of London to allow 141b. per C. for
Tare.
Of Piedmont, according to the Practice in the Port of London, has the ſame
Allowance for Tare as Bologna.
Of Naples, in Bales, with Searcloth, about 2 C.
Tare 181b.
Therefore it is the Practice in the Port of London, to allow glb.
per roolb. for Tare.
In Fangots, with Searcloth, about i 1-half C.
Tare 141b.
And fo downwards proportionably,
Of Meſſina, in Bales, double Canvas, thrown, and raw, about 2 C.
In Bales, with Searcloth and Cotton Wool, about 2 C.
Therefore it is the Practice in the Port of London, to allow silb.
per roolb. for Tare.
Silk raw-the Pound to contain 24 oz.
Great Pounds of 24 oz. into Pounds of 16 oz. add 1-half Part.
Pounds of 16 oz. into great Pounds of 24 oz. ſubſtract 1-3d Part.
Of Aleppo, in long Bales, with Cotton Wool, about 3 1-4th C. and downwards
to 2 3-4ths C.
In Fangots, with Cotton Wool, about 2 1-4th, or 2 1-half C. 24
About i 3-4ths, or 2 C.
About 1 1-4th, or i 1-half C.
Ardas Silk, in ſhort Bales, with Cotton Wool, from
to 2 3-4ths C.
31b. each.
161b.
.
10
22
Tare 321b.
20
18
3.1-4th
30
I
Of
OF CU S T T &c.
M
M S
421
20
I 2
O Of Meſſina, vide Silk thrown.
Of Perhia, in Bales of 1 1-4th C.
Of Smyrna and Cyprus, about 3 C. and upwards
16
Downwards to 2 C.
14
from 2 C.
Of Bologna and Piedmont, according to the Practice of the Port of London, has
the ſame Allowance for Tare, as thrown Silk of Bo-
logna, that is 141b. per 112 1b.
Silk Nubs, or Haſks, the Pound to contain 21 oz.
To reduce Pounds of 21 oz. to Pounds of 16 oz. add 1-4th more 1-4th
of that.
Pounds of 16 oz. to Pounds of 21 oz. ſubſtract
ſubſtract it,
tiply by 16, and divide by 21.
In Bales, about 2 1-4th C. Tare 24 lb. each.
Silks wrought, in Caſes, about i 3-4ths C. from Holland.
30 ps.—for Papers and Packthreads at 6 oz. per ps.
4
Tared 18 ps.—for Paſteboards, Papers, and Packthreads at Ditto 6 12
6 ps.—for Boards, Papers, and Packthreads, 8 oz. per ps. 3 0
lb. oz.
II
Tare 21
O
Wrought Silks are never examined on the Keys but always fent to the Ware-
boufe.
Smalts, or Powder Blue, in Caſks, about 4 C. Tare io per Cent.
Snuff, Britiſh Plantations, in Barrels, about 2 C. Tare as on the Calks.
Ditto, from the Havanna, in Serons and Bags, Tare as they weigh.
Soap, called Caſtile Soap, in double Serons, about 3 C. Tare zolb.
In ſingle Serons, about 3C. Tare rolb.
In Cheſts about 2 I-half
3
C. Tare 40 lb.
Ditto, called Italian hard Soap, in Cheſts, about i i-half C. Tare 30lb.
Succads, in Cheſts, about 1 1-half C. Tare 40lb.
But the preſent uſual Allowance for Tare is 1-3d Part,
or
T:
Tallow, from Ruſſia and Ireland, in Caſks, Tare 12 lb. per Cent.
Tea from India, in Cheſts, Tubs, and Baſkets, Tare as they weigh.
Thread, called Black and Brown, or Bridges Outnal, to have an Allowance of
6 per Cent. for Want of Weight.
White Brown, ditto.
Siſter's Thread to have no Allowance (that is) if imported in certain Papers
as Pounds, half Pounds, &c. for then the Papers of each ſeparate Size are
to be counted, and paſſed according to their reſpective Weights.
But if imported in uncertain Papers, they are weighed looſe, and according to
the preſent Practice, have an Allowance of 12 per Cent. for the ſaid Papers.
Tobacco, Barbadoes, in Rolls upon Sticks, about 1-4th C. Tare about 61b.per
Stick.
Bermudas, in Cheſts, 20lb. per Cent.
In Calks, about 3C. 60lb.
about 2 1 -half C. downwards, to 2 and I 1-dC.
50 lb.
But Tobacco of the Britiſh Plantations in America, may not be imported
otherwiſe than in Caſks, Cheſts, or Cafes, each above two hundred wt.
10 and 11 W.III. Cap. 21.
Spaniſh in Barrels, about 2 1-4th hund.
28 lb.
Do. in half Barrels, about i 1-4th Dº.
18
Dº. in Potaccoes, without Canvas
14
Dº in Do, covered with Canvas
16
Dº. in De covered with Skins
26
Virginia,


=
5 P
422
, 0 F CU S T O M S
=
Іоо
E c.
Virginia, in Hogſheads, weighing under 300 wt.
701b.
Dº. from 3 to 400
80
Dº. from 4 to 500
90
De. 500 wt. and upwards
But now the Hogſheads of Virginia and Maryland Tobacco are ſtripped off, and
the real Weight of the Tobacco taken.
And in Confideration of the Merchant's Charge, in opening, ſtripping, and making
up their Hogſheads, after Samples have been drawn, they are to be allowed two
Pounds per Hogſhead, which are to be deducted from the Foot of the Account.
Note, the damaged Tobacco, for which the Mercbant refuſes to pay Duty,
muſt be ſeparated
from the ſonud before it be weighed.
Tortoiſe-ſhell, in Boxes and Caſks, Tare as on them.
Turpentine, in Calks, Tare 2-5th Part.
Twine, in Matts, about 2 i-half C. Tare 9 lb. per Matt.
V.
Vermachilly Paſte, in Caſes, about 2 1-4th C. Tare 80 lb. per Caſe.
W.
Wax, vocat. Bees Wax, in Calks, about 10 C. Tare 841b. per Caſk.
Whale-Fins, of Britiſh. Plantation Fiſhing, in Bundles, about C. Tare 6 lb.
per Bundle.
Wool- Beaver Wool, in Hogſheads and Brizels, Tare 751b. in Crobies, Tare the
Cover, which is 1-3d of the whole.
Cotton Wool, Tare 41b. per Cent.
But if in Hair Bags from Turkey, the preſent uſual Allowance for Tare
is 2016. per Bag:
But if ſcrewed with Ropes from Cyprus, the Allowance for Tare is, per
particular Order, 71b. per Cent.
Eſtridge, Lambs, Poliſh Wool, Tare 41b. per Cent.
Wool-Spaniſh Wool in Bales, for Cloth about 2 C. Tare 28 lb.
For Felts about 2 1-4th C. 141b.
Segovia Spaniſh, for Felts about 2 C. 15lb.
Carmenian Wool, in Bales, about 3C. (Vide Hair) 91b. each.
Wormſeed, from Smyrna, in Bales, with Felts, about 3 3-4ths C. Tare 241b.
From Aleppo, with Cotton Wool.
24
Y.
Yarn--Cable Yarn, in Winch, from Ruſia,
Tare 28 lb.
Cotton Yarn, in Bales, from India, about 3 1-half C.
43
In Bags from Turkey, Tare 5lb. per Cent.
From Aleppo, in Bales, with Cotton Wool 28
And ſo downwards proportionably.
From Smyrna, in Bales, with Felts, about 4 C. 28
Without Felts, about 4 C. 18
In Fangots, without Felts, about i 3-4ths, or 2 C. 14
I 1-half c.
With Felts, Skins, and Cotton 16
Iriſh Yarn, the Pack to contain 480lb. wt.
Linen Yarn, in Fats, Tare 12 lb. per Cent.
Having fully treated, in the preceding Part of this Chapter, of the landing and
delivering foreign Goods, and under the Title of Ports, &c. mentioned thoſe
allowed in all parts of England for loading and landing of Goods, except Lon-
don, I ſhall now ſhew the Wharfs appropriated for this purpoſe there, and alſo
the Time allotted for tranfa&ting this sort of Buſineſs at the Keys, as was pro-
vided by a Commiſſion iſſued out of the Exchequer, by which his Majeſty was
pleaſed to allow the following Keys, Wharfs, &c. to be lawful ones, for the
Lading or Landing of Goods, viz.
Brewer'sa


I 2

OF CU S T O M S,
Ec.
423
Brewer's-Key.
Cheſter's-Key.
Galley-Key.
Wool-Dock.
Cuſtomhouſe-Key: The Stone Stairs on the Weſt Side thereof are declared
not to be a place for ſhipping or landing of Goods.
Porter's-Key.
Bear-Key.
Sabb's-Dock, excluding the Stairs there, which are declared to be no
lawful Place for ſhipping or landing of Goods and Merchandize.
Wiggon's-Key.
Young's-Key.
Ralph's Key.
Dice-Key: The Stairs there declared unlawful for ſhipping or landing of
Goods or Merchandize.
Smart's-Key.
Somer's-Key: The Stairs there declared no lawful Place for ſhipping and
landing of Goods and Merchandize.
Lyon-Key.
Botolph-Wharf.
Haman's-Key.
Gaunt's-Key: The Stairs on the Eaſt Side declared unlawful for ſhipping
or landing of any Goods, &c.
Cock’s-Key; one other place betwixt Cock's-Key and Freſh-Wharf, call-
ed Part of Freſh-Wharf: The Stairs are declared to be unlawful for
ſhipping or landing of any Goods, &c.
Freſh-Wharf,
Billingſgate, to be a common open Place for the landing and bringing in
of Fiſh, Salt, Victuals, or Fuel of all Sorts, and all native Materials
for building, and for Fruits (all Manner of Grocery excepted) and
for carrying out of the ſame, and for no other Wares or Merchandize.
Bridge-Houſe in Southwark is only allowed for landing of any kind of
Corn of the City of London, and not upon any private or particular
Perſon's Account.


Theſe are the Places for landing and loading, and the Time appointed for do-
ing it was ſettled, by i Eliz. Cap. 11. S. 2. to be only in the Day-time, viz.
from the firſt of March till the laſt of September, betwixt the Sun-riſing and
Sun-ſetting, and from the laſt of September until the firſt of March, between
Seven in the Morning and four in the Afternoon, and upon a lawful Key.
But by the 13th Rule of the Book of Rates, the Merchants in London are al-
lowed 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-riſ-
ing and Sun-ſetting, from the 1 oth of September to the roth of March, and
between the Hours of ſix of the Clock in the Morning and ſix in the Evening,
from the 10th of March to the 10th of September, giving Notice to the proper
Officers appointed to attend the lading and unlading Goods; and ſuch Officers
as Thall refuſe, upon due Calling, to be preſent, thall forfeit for every De-
fault 51.
It may be lawful for any Perſon to ſhip or lade into any Ship or Veſſel, on
the River of Thames, bound over Seas, Horſes, Coals, Beer, ordinary Stones
for building, Fiſh taken by any of his Majeſty's Subjects, Corn, or Grain, the
Duties being paid, and Cockets, and other lawful Warrants, duly paſſed for
So likewiſe Deal Boards, Balks, and all sorts of Maſts, and great Timber,
may be unthipped, and laid on Land, at any Place between Limehouſe and Weſt-
minſter, the owner firſt paying or compounding for the Cuſtoms, and declaring
at what Place they will land them before he unthips them; and upon Licence
had,
the fame.

424
Esc.
OF CUSTOM S,
had, and in the Prefence of an Officer, they may unlade them; otherwiſe they
incur a Forfeiture.
Form of Sufferances for landing Goods at an unlawful Key.
Though foreign Goods and Merchandizes have been entered, and his Maje-
ſty’s Duties duly paid, and a Warrant be thereupon granted for the Delivery
thereof; yet, if the Merchant, for his Conveniency, is deſirous to land them
at any other Place than the lawful Keys appointed by his Majeſty's Commif-
ſion out of the Court of Exchequer, a ſpecial Sufferance muſt be granted
for that Purpoſe, after the following Manner :
In the Adolphus of Stockholm, Hans Carvel, from Sweden.
Edmund Boehm.
Three thouſand five hundred Bars, containing fixty Tons of Swediſh Iron,
two hundred and fifty Barrels, containing twenty Laſts of Tar. A Warrant
having been paſt by us for Delivery of the above mentioned Goods, and the
Importer having ſignified to us, the inconveniency that would attend the
bringing the ſame to the lawful Key, we have granted this ſpecial Sufferance
for landing the ſame at--
You are therefore to permit the ſame to be unladen into Lighters, and
afterwards landed at the ſaid Place, in like Manner, and with like Care,
Examination, and Inſpection, as is uſual at the lawful Key: For which this
ſhall be your Voucher.
Dated at the Cuſtom-houſe, London,
the 20th of May, 1781.
A. B. Collector, B.C. Cuſtomer, C.D. Comptroller,
D. E. Surveyor,
To ) E. F.2
F.G.} Landwaiters.
Every Merchant making an Entry of Goods, either inwards or outwards,
ſhall be diſpatched in ſuch Order as he cometh; and if any Officer or his Clerk
ſhall, either for Favour or Reward, put any Merchant or his Servant, duly at-
tending and making his Entries as aforeſaid, by his Turn, to draw any other
Reward or Gratuity from him than is limited in the Act of Tonnage and
Poundage, and the general Books of Values, if the Maſter Officer be found faul-
ty herein, he ſhall, upon Complaint to the chief Officers of the Cuſtom-houſe,
be ſtrictly admoniſhed of his Duty; but if the Clerk be found faulty therein, he
Thall, upon Complaint to the ſaid chief Officers, be preſently diſcharged of his
Service, and not permitted to ſit any more in the Cuſtom-houſe.
Every Merchant ſhall have Liberty to break Bulk in any Port, and to pay
Cuſtom for no more than he ſhall enter and land, provided that the Maſter of
fuch Ship make Declaration upon Oath, before two principal Officers of the
Port, of the Content of his Lading; and ſhall declare upon Oath, before the
Cuſtomer, Collector, Comptroller, or Surveyor, or two of them, at the next
Port where his Ship ſhall arrive, the Quantity and Quality of the Goods landed
at the other Port, and to whom they did belong.
The Officers who ſit above in the Cuſtom-houſe of London, ſhall attend their
ſeveral Places from nine to twelve in the Forenoon, and one Officer or Clerk
ſhall attend with the Book in the Afternoon, during ſuch Time as the Officers
are appointed to wait at the Water-ſide: All other the Officers of the Out-Ports
ſhall attend every Day in the Cuſtom-houſe between the Hours of nine and
twelve in the Morning, and two and four in the Afternoon.
The Officers of Graveſend, having Power to viſit any Ship outward bound,
ſhall not without juſt Cauſe detain her, under Colour of ſearching, above three
Tides, under Pain of Loſs of their Office, and rendering Damage to the Mer-
chant and Owner of the Ship. And the Officer in any of the Out-Ports ſhall
not without juſt Cauſe detain any ſuch Ship above one Tide, after the Ship is
fully

I
OF CUSTOMS, &c.
425
fully laden and ready to fail, under Pain of Loſs of Office, and rendering
Damage.
Of Entries Outwards.
When the Goods you intend to export are made up in the Packages you
think
proper,
whether in Bales, Bags, Boxes, Caſes, or in any other Manner,
you muſt carry the true Contents to the Cuſtom-houſe, by a Bill of Entry like
the following one, viz.
In the Mary, Joſeph Thomas, for Liſbon.
T. S.
T. S. Two Caſes of Hats, viz.
Nº. 1 qt. yo Dozen.
2-18
Caſes 2--108 Dozen.
T. S. Two Trunks of Stockings.
Nº. 1 qt. 82 Dozen.
2-32
Trunks 2--114 Dozen.
Of theſe Bills you muſt write ſeven, and act with them as directed for the
Bills inwards; and on having ſatisfied the Cuſtoms, you will have a ſmall Piece
of Parchment called a Cocket, which teſtifies your Payment thereof and all
Duties for ſuch Goods; and having marked and numbered your Goods, you
endorſe the ſame on the back of the Cocket, and of your ſhipping Bill, men-
tioning the true Contents of each Bale, &c. This Cocket and ſhipping Bill you
muſt give to the Searcher with his Fee; and after paying the Wharfage and
Porterage of your Goods, you may ſhip them off; and take Care that you re-
mind the Perſon who carries them on board, to bring you the Mate's Receipt
for them, which you deliver to the Captain when he ſigns your Bills of
Loading
The Form of a COCKET.
NOW ye, that T. S. Ind. for 108 Dozen of Hats, and 114 Dozen of Ind. or Indi-
Stockings, in the Mary, Joſeph Thomas Maſter, for Liſbon, paid all Duties. genus fignifies
Dated Auguſt 30, 1751.
On the Back of the Cocket write the Marks, Numbers, and alſo the Quan-
tity of the Goods contained in the Cocket: Thus,
Nº. I i Caſe qt. 90 Dozen of Hats.
I Caſe qt. 18 Dozen of Hats.
T, S.
I Trunk qt. 82 Dozen of Hoſe.
2 1 Trunk qt. 32 Dozen of Hoſe.
2
I
others
not
If ſeveral Sorts of Goods are exported at once, of which ſome are free, and
pay
Cuſtoms, the Exporter muſt have two Cockets, and thereof muſt
make two Entries, one for the Goods that pay, and the other for thoſe that do
pay Cuſtom.
But to export Goods by Certificate, which muſt be foreign Goods formerly
imported, and on which a part of the Cuſtoms paid on Importation is drawn
back, provided they are exported in the Time limited by Act of Parliament, it
not ſufficient only to mention the Marks, Numbers, and Contents, as com-
monly practiſed in the Entries outwards, but alſo the Name of the ship in which
the Goods were imported, the Importer's Name, and Time of Entry inwards ;

5Q
and
426
OF CUSTO M S, &c.
and make Oath, that the Entries for thoſe Goods were paid, or ſecured to be
paid, as the Law directs. After you have made an Entry in this Manner, you are
to carry it to the Collector and Comptroller, or their Deputies, who, after exa-
mining their Books, will grant a Warrant (a Specimen of which is here annexed)
which muſt be given to the Surveyor, Searcher, and Landwaiter, for them
to certify the Quantity of Goods; after which the Certificate muſt be brought
back to the Collector and Comptroller, or their Deputies, and Oath made, that
the ſaid Goods are really ſhipped, and not landed again in any part of Great-
Britain. This done, they ſet down, in Words at length, on the Back of the De-
benture, and then in Figures on the fame Side, the Sum on each particular Part
of the Duties, and ſub cribe jointly to the Whole. By Virtue of this Debenture,
the Exporter may, in one Month after the Ship’s Departure from Great-Britain,
demand his Drawback; and if the Collector has not Money in his Hands to
pay the Debenture, he is to certify the fame on the Back of the Debenture, that
the Exporter may have Recourſe to the Commiſſioners, who are then to pay
him. Suppoſe that H. V. Merchant of London, exports 23 Dozen of Napkins,
Holland's making, and 232 Ells of Holland, which he imported before from
Amſterdam; he makes his Entry in the following Manner, viz.
London, May 7, 1751.
In the Goodfellow, Samuel Johnſon, for Barbadoes.
H. V.
H.V. One Box, containing twenty-three Dozen of Napkins, Holland's mak-
ing, and one Bundle, containing two hundred thirty-two Ells of Holland, im-
ported the zoth of April laft, in the Dragon, of London, Samuel King, Mafter,
froni Amſterdam; the Old Subſidy, New Subſidy, Third Subſidy, and additional
Duty, paid by the ſaid H.V. the 20th of April laſt.
H. V.
The Collector and Comptroller, or their Deputies, give a Warrant of the
ſame Tenor, ſigned by them, and .directed to the Surveyor and Landwaiter
after which you have a Cocket in the following Manner :
3
London,
KN
NOW ye, that H. V. Merchant, for twenty-three Dozen Napkins, Hota
land's making, and two hundred thirty-two Ells of Holland, paid all the Du-
ties inwards the 20th of April laſt, out of the Dragon of London, Samuel King
Maſter, from Amſterdam, late unladen, and now in the Goodfellow, of London,
Samuel Johnſton Maſter, for Barbadoes. Dated the 7th of May, 1751.
A. R. Collector.
C. D. Comptroller.
And on the Back of the Cocket is endorſed as follows; the Contents of the
Goods ſhipped, two-hundred thirty-two Ells of Holland, twenty-three Dozen
Napkins, Holland's making.
E. V. Surveyor.
A. L. Searcher.
The DEBENTURE runs in the ſubſequent Form.
HV
Ind. did enter with us, the 20th of April laſt, in the Dragon, of
London, Samuel King Maſter, from Amſterdam, twenty-three Dozen
Napkins, Holland's making, and two hundred thirty-two Ells of Holland; the
Old Subſidy, New Subſidy, Third Subſidy, and additional Duty, being paid in-
wards, by H. V. Merchant, the 20th of April
, 1751, as doth appear by the
Certificate of the Collector inwards; and for further Manifeſtation of his juſt
Dealing herein, he hath alſo taken Oath before us for the ſame. Cuſtom-boufe,
London, the Day and Year above written,
A. R. Collector.
C. D. Comptroller.
Yurat.


© F C U S T O M S & Co
421
Jurat. H.V. that the two hundred thirty-two Ells, and twenty-three Dozen
Napkins abovementioned in this Certificate, were really ſhipped, and have not
been ſince landed, nor are intended to be relanded, in any Port, or Creek in
Great-Britain. The 7th of May, 1751.
H. V.
A. R. Collector.
C. D. Comptroller.
The twenty-three Dozen Napkins, and two hundred thirty-two Ells of
Holland, were ſhipped off at Dice-Key, May 7th, 1751.
E. V. Surveyor.
A. L. Searcher,
I. K. Landwaiter.
On the other Side it is wrote thus:
1. s.
d.
2 7 25
One Moiety of the Old Subſidy, two Pounds, ſeven Shillings, and
two Pence Farthing
New Subſidy, four Pounds, fourteen Shillings, and four Pence three
Farthings
The Third Subſidy, one Pound, eleven Shillings, and five Pence
Halfpenny
Additional Duty, two Pounds, ſeven Shillings, and two Pence
Half-penny
4 14 4
I II
57
2 7 2
II
o 3
When the Money is received on this Debenture, a Receipt may be given in
the following form, viz.
RECEIVED, June the 12th, 1751, of the Honourable the Commiſſioner's of
his Majeſty's Cuſtoms, by the Hands of A. R. Collector, the Sum of eleven
Pounds, and three Pence, for the above Debenture.
Per H. V.
Of Goods, re-imported or returned.
FOREIGN.
W
THEN foreign Goods, which have been regularly imported, have been
afterwards exported, and are, for Want of Sale, or the great Scarcity of ſuch
Goods, &c. deſired to be returned, or to be again imported into any Port of
Great-Britain, notwithſtanding there is not any Law for ſuch Re-importa-
tion, yet, upon Payment of the like Duties that were due upon the firſt Im-
portation (though perhaps the Goods were exported out of Time, and conſe-
quent’y were not intitled to any Drawback) it is the Practice to indulge the
Merchant in ſuch Re-importation, although ſuch Goods may be prohibited
to be originally imported from the Place from which the Ship now returns,
upon Performance of the following Requiſites : The firſt whereof is, to ſigni-
fý to the Searcher, &c. the Time when, and the ship in which they were
exported; who thereupon will have Recourſe to their Books, and, in Cafe
they find that ſuch Entry outwards was duly made, will grant a Certificate,
or Duplicate thereof, as follows:
In the James of Liverpool, John Williams, for Peterſburgh.
Edward Ellis.
One thouſand Pounds of Virginia Tobacco, the Subſidy inwards whereof
was paid, and the other Duties ſecured by George Jones, the tenth Day of
Auguſt, 1773. Dated the fourth of April, 1774.

5
The
428
OF CUSTOM S, &c.
The Goods above mentioned were regularly ſhipped off, but five hundred
Pounds of the ſaid Tobacco *, (for which'a Debenture hath paſſed) being
Part of the above Entry, are now returned in the ut Sea-Horſe, Jacob Peters
Maſter, from Peterjburgh, as the Merchant is ready to make Oath. Dated at
the Cuſtom-houſe, London, the 20th of May, 1774.
R. W. Searcher.
L. M. Landwaiter.
If the Goods were entered outwards at any other Port, this Certificate
muſt be granted by the Officers of that Port: But if the Cocket whereby they
were ſhipped be produced, I apprehend that will fully ſerve the ſame Pur-
poſe. And on the Back of the aforeſaid Certificate, Proof muſt be made, by
the Oath of the Merchant, that the Goods then returned are the ſame therein
mentioned. The Form of which Proof muſt be as follows:
4th of April, 1774: No. 4.
In the Sea-Horſe, Jacob Peter's Maſter, from Peterſburgh.
Returned
L. M. ? Fifty Boxes, containing five hundred Pounds Weight of Vir-
No. I a 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 ſold, nor the Property changed beyond Sea;
but he verily believes it to be the ſame Tobacco which was exported as afore-
ſaid, and no other.
(Signed)
Edward Ellis.
Yurat 4'. Die Avrilis, 1774.
Coram me R. B. Collector.
Thereupon an Entry muſt be made, as for other Goods imported, and the
Duties paid, or ſecured, being inſerted underneath the Merchant's Oath; the
Collector, Cuſtomer, and Comptroller, are to ſubſcribe their Names thereto,
and direct it to the Surveyor and proper Landwaiter, as a Warrant for their
Delivery of the Goods.
Britiſh Goods returned.
When Goods of the Product or Manufacture of Great-Britain, which have
been exported to foreign Parts, are, for Want of Sale, or any other Occaſion,
deſired to be returned into any Port of Great-Britain, a Bill of Store may be
granted for the landing and delivering the fame: As a Foundation for which,
the Searcher, &c. muſt be applied to, for a Certificate, or Duplicate of the
Entry outwards, in like Manner as before directed for foreign Goods.
Whereupon an Entry muſt be made in the Book inwards, as for foreign Goods
imported; and the Collector, Cuſtomer, and Comptroller, having ſubſcribed
their Names underneath the Merchant's Oath, the ſame is to be directed to
the Surveyor and proper Landwaiter, as a Warrant for their Delivery of the
Goods. But as it may ſometimes ſo happen, that the Entry outwards cannot be
fixed upon, by Reaſon of the Diſtance of Time, the Loſs of Papers or Ac-
counts, or ſeveral other Accidents : Therefore, in that Caſe, as there cannot
be any Proof, the Oath of the Merchant only muſt be deemed ſufficient, and
may be taken as follows:


* To be omitted, if exported out of Time.
+ Or the fame Ship and Malter.
1
In
CU S T O M S
429
&c.
In the Good Luck of Briſtol, Yobn Darby Maſter.
Richard White
T. L. Bales
No. 1, 2, 3. ŠContaining fifty Pieces of Woollen Cloths of Britiſ Manufacture.
Richard White maketh Oath, that the Cloths above mentioned are ſent to
him this Deponent, as Part of a large Quantity formerly exported from hence,
and that, according to the beſt of his Knowledge and Belief, they are all of
the Manufacture of Great-Britain.
(Signed)
Richard White
Jurat. 25°. Die Martii, 1782.
Coram me C. L. Collector.
An Entry muſt be made in the Books inwards, and this Oath muſt be ſuba
ſcribed and directed as a Warrant for the Delivery of Goods, in like Manner
as when the particular Entry is proved.
YETT
Concerning Bounty Money on Exports, &c.
This is given by Government to encourage an Exportation of our native
Commodities, either in their natural or improved State'; when the Quantity
exceeds the Home-Conſumption, and conſequently the Prices are ſo reduced,
as to render the Proprietors great Sufferers, either from the Periſhableneſs of
the Commodities, or from their Incapacity to ſupport the Delay of a riſing
Market; in Confideration whereof, Proviſion has been made for their Relief
by ſeveral Acts of Parliament, by granting a Bounty on the exporting various
Sorts of Goods when they are under the Prices limited therein, and a ſimilar
Encouragement has been given for the Importation of many of the Manufac-
tures of our own Plantations abroad; but not to multiply Examples, I ſhall
confine myſelf to the Principal, that is the Bounty on the Exportation of
Corn, which was firſt eſtabliſhed by an Act of Parliament, in the Year 1689,
and of late Years has undergone ſeveral Regulations, worthy of Notice. After
the following Account of the old Laws and Practice at the Cuſtom-houſe on
the Exportation of Corn, the Reader will find all the late Regulations re-
ſpecting both its Importation and Exportation. sdays Vit
On ſhipping this Commodity, Care ſhould be taken that the Ship be a Britiſh
Bottom, and navigated according to Law; and previous to ſending it abroad, a
Sufferance muſt be required from the Collector and Comptroller at the loading
Port, for as many Quarters as are intended to be ſhipped, which Sufferance is
directed to the Surveyor and Landwaiter (and where there are no ſuch Officers,
the Collector or principal Officer muſt attend) and when ſatisfied of the Quantity
ſhipped off, muſt endorſe on the Back of the Sufferance, the Quantity and
Name of the Corn ſo ſhipped. This done, a Certificate muſt be brought under
the Shipper's Hand, that the Corn ſo exported does not exceed the Price ſettled
by Statute; after this, Bond is to be given, that the Corn ſo ſhipped ſhall not
be landed in any Part of Great-Britain, but in fome Part beyond the Seas ; and
ſome Time after the Ship’s failing, the Debenture is made out.
Care ſhould be taken to procure a Certificate under the Hands and Seals of
two Britiſh Merchants (or rather the Conſuls, if any reſide where the Corn
is landed) of the Corn's being landed, for in Neglect thereof the Bond will be
profecuted, and the Shipper obliged to repay the Bounty-Money.
Equal Care ſhould be taken of Coaſt-Bonds given to diſcharge the Ship’s
Lading in fome Part of Great-Britain, that there be a Certificate returned
from the Cuſtom-houſe, where the ſaid Goods are landed, in order to be tacked
to your Bond, to be returned along with it to the Exchequer ; as the Want
of ſuch a Certificate expoſes the Merchant to a Suit at Law. The moſt ue-
ceffary Examples of the Buſineſs of exporting Corn are as follows:


bno
5 R
The
430
:0 FC U S TO M S, &c.
La
The SUFFERANCE.
In the Sea Horſe, of Harwich, William Tims, for Dublin.
I. G.
Two hundred fifteen Quarters of Wheat, to be ſhipped, but not exported
till further Orders.
To the Surveyor, Searcher, and Landwaiter.
A. R. Collector.
C. D. Comptroller.
On the Back is to be endorſed, by the Surveyor and Landwaiter, the Quantity
ſhipped off, viz.
In Bulk--215 Quarters of Wheat, Wincheſter Meaſure. ben
E. V. Surveyor.
mboo lo viovilo a od rot 3
I. K. Landwaiter.
The Entry and CERTIFICATE.
London, June 19, 1751.
In the Sea-Horſe, of Harwich, William Tims, for Dublin.
1. G.
01 forgonuo
Two hundred fifteen Quarters of Wheat, Wincheſter Meaſure, Britiſh Growth,
Cuſtom free.
Theſe are to certify, that I. G. Merchant of London, hath ſhipped two hundred
and fifteen Quarters of Wheat, on board the abovementioned Ship for Dublin, and
that the Price of the Wheat of the Meaſure aforeſaid, in the Port of London, the
laft Market-Day, did not exceed forty-eight Shillings per Quarter.
I. G.
Jurat. I. G. and P. B. that the Contents of the abovementioned Certificate
are true.
2011 at 10 Tove
I. G.
no vodsolo on je goigstens sw BI off: 75 tavosA 14
P. B.
Note, There muſt always be one joined with the Exporter in giving Bond and
making Oath for exporting Corn.blol 9780
s poida 300
wa The WARRANT.
ei scene
In the Sea-Horſe, of Harwich, William Tims, for Dublin.
w
1. G.
Two hundred fifteen Quarters of Wheat, Wincheſter Meaſure.
bu To the Surveyor and Searcher.
bolitost
zenli boqqina The DEBENTURE.
bault la 303
bus London. 5duvet 1. Se
TI
HESE are to certify, that I. G. Merchant, Ind. did on the 19th Day of June,
1751, enter, and have ſhipped for Dublin, in the Sea-Horſe, whereof William
Tims, Maſter, and two-thirds of the Mariners, are bis Majeſty's Subjects, two
hundred fifteen Quarters Wheat, Wincheſter Meaſure; and that the Price of
the Wheat of the Meaſure aforeſaid, in the Port of London, laft Market-Day,
did not exceed forty-eight Shillings per Quarter. Witneſs my Hand this 191b
Day of June, 1751.
1961 mi bohus oth Choir sow ploos
I. G.
usJurat. 1. G. That the Contents of the abovefaid Certificate are true.
i awollot et 914 90 gaisesta la elanitud end

ενοίγει τις

I. G.
Bond
0 F C U S T O M S E c.
431
Bond is taken in the Penalty of one hundred Pounds, that the Corn above-
mentioned (the Danger of the Seas excepted) ſhall be exported into Parts beyond
the Sea, and not be again landed in Great-Britain.
A. R. Collector.
C. D. Comptroller.
The two hundred and fifteen Quarters of Wheat abovementioned were ſhipped
off at Bear-Key, the 19th of June, 1751.
E. V. Surveyor.
I. K. Searcher.
The Veſſel abovementioned is a Britiſh Ship, the Maſter and two-thirds of
the Mariners are his Majeſty's Subjects.
isharoobos E. V. Surveyor.
90
Tbofe are to certiti te
191 Upon the Back of the Debenture is written as follows, viz.
tisu
The Money to be paid for the Corn within inentioned, purſuant to the Acts
of Parliament for encouraging the Exportation of Corn, amounts to fifty-three
Pounds fifteen Shillings.
531. 155. O
out and
398184 mesi biworld spot
Jurat. I. G. That all the Corn within mentioned, certified to be ſhipped,
for Quantity and Quality, is really and truly exported to Parts beyond the Seas,
and not again landed, nor intended to be relanded in any part of Great-Britain.
Cuſtom-bouſe, London, June 19, 1751.
I. G.
1 A. R. Collector.megg
C. D. Comptroller.
i Loitsuga dhord 191TRDO OLASIT bad 1901. Vi grada
If the Collector has n10t Money ariſing from that Branch of the Cuſtoms ſuf-
ficient to pay it, he writes thus:
todo lo nomail10
Theſe are to certify the Honourable Commiſioners of bis Majeſty's Cuſtoms in
London, that I have not Money enough in my Hands ariſing from the Cuſtoms,
fufficient to pay the within Debenture.
A. R. Collector.
21)
The Wiſdom of the Britiſh Legiſlature in granting a Bounty upon the Ex-
portation of Corn was not called in Queſtion from the Time of its Inſtitu-
tion till the Years 1764, 1765, 1766, 1767, when the immenſe Quantities
that had been exported, to ſatisfy the Demands of all the Southern Parts of
Europe, during the two firſt Years, and the bad Crops, owing to wet Seaſon's
at Home, during the two laſt, occalioned Wheat to riſe to an uncommon Price,
produced Clamours and Inſurrections, and might have been attended with a
Famine, if the Government had not taken the moſt falutary Meaſures to pre-
vent that fatal Calamity. So great however was the Alarm, and ſo immi-
nent the Danger, that a new Syſtem of Laws and Regulations reſpecting the
Commerce in Grain was introduced, calculated to check the Cupidity of the
Exporters, who had carried on an advantageous Commerce for themſelves,
but highly detrimental to the Community, becauſe it had proceeded upon a
falſe Principle-For they did not export a Superfluity, but an Article of real
Neceſſity, at a Time, when there was not ſufficient Stock in the Nation for
Home-Conſumption. That
On the 25th of January, 1765, a Petition of the Court of Lord-Mayor
and Aldermen of the City of London was preſented to the Houſe of Com-
mons, reciting the Regulations inade by the Act of the 31ſt Geo.
· II.
and ſetting forth, that from Time to Time Returns had been made, in purs
ſuance thereof, upon Oath, by the Meal-weighers of the ſaid City, and the
Aflize

C. 29;
1
432
,
0 F CU S T O M S, &c. .
Aſlize of Bread, to take Place, and be in Force as aforeſaid, had been
duly ſet by the ſaid Court of Mayor and Aldermen, or by the Mayor of the
faid City, for the Time being, according to the Right and Cuſtom of the
City of London, and the Practice there uſed to ſet the ſame; that the Peti-
tioners thought it a Duty they owed to the Public, in the Exerciſe of their
great Truſt, humbly to repreſent to that Houſe, that it appeared to them,
by ſuch Returns made upon Oath, that the Price of Wheat had advanced gra-
dually from the Time of the laſt Harveſt, and that by the laſt Returns made
to the Mayor of the ſaid City, on the 22d inſtant, the Price of Wheat was
from 43 to 47 s. 6 d. a Quarter, and that the Price of Bread was then higher
than it had been at any Time ſince the Act, under which the Affize then ſet,
had been made; and that the Petitioners had Reaſon to fear, as the King-
dom had been much exhauſted by the large Exports of the laſt Year to Italy,
Spain, and Portugal, and conſiderable Tracks of Corn-land had ſuffered greatly
by the exceſſive Rains in the laſt Winter, that the Price of Wheat would ſtill
advance to the Diſtreſs of the Poor, and to the Prejudice of the Manufactures
of the ſaid City, and of the Kingdom in general; and that the Petitioners
humbly apprehended, that the prohibiting the Exportation of Wheat and
Flour for a limited Time, might be the Means of preventing the Evil; and
therefore praying the Houſe, to take the Premiffes into Conſideration, and to
grant ſuch Relief therein, as to the Houſe ſhould ſeem meet. Petitions from
Newcaſtle, Leiceſter, Derby, and ſeveral other capital Cities were preſented
ſoon after, and a Bill paſſed the Commons for prohibiting the Exportation of
Wheat, Wheaten-Meal, Flour, Bread, Biſcuit, and Starch, for a limited
Time ; but the Lords, not believing the Scarcity to be real, and conſidering
the high Price as the Effect of Combination and Monopolies, threw out the
Bill; but as the Cries of the Poor increaſed, and it became abſolutely Necef-
ſary to take ſome Steps to prevent Inſurrections, and Wheat at Norwich, which
is a cheap Market, had riſen to 545. per Quarter, which occaſioned that City
to Petition, a Bill was brought into the Houſe of Commons, on the 26th of
April, for a free Importation of Wheat and Wheat Flour, and to ſuſpend the
Bounty on the Exportation of the ſame. It paſſed into a Law at the Cloſe of
the Seffion, and was intitled, An Axt to diſcontinue for a limited Time, the Du-
ties upon Wheat and Wheat-Flour imported; and alſo the Bounty payable on the
Exportation of Wheat and Wheat-Flour. Another Act likewiſe paſſed in the
fame Seſſion, to enable his Majeſty, with the Advice of his Privy Council,
during the Receſs of Parliament, to prohibit the Exportation of
Wheaten-Meal, Flour, Bread, Biſcuit, and Starch, for a limited Time; there
was a Proviſo, however, that this prohibition ſhould not take place unleſs the
Price of Wheat ſhould be at, or above 6s. per Buſhel at the Market at Bear-
Key, London. The Relief was not ſo effectual, though great Quantities of
Corn were imported from Holland in the Summer of 1765, but that Petitions
were repeated from all parts of the Kingdom during the following Seſſion ;
and on the 23d of January, 1766, the three following Bills were brought into
Meal, Flour, Bread, Biſcuit, and Starch, for a limited Time.
1
allowing the Importation of Corn and Grain
from his Majeſty's Colonies in Ame-
rica, into the Kingdom for a limited Time, free of Duty. 3. A Bill for allow-
ing the Importation of oats and Oat-Meal into this Kingdom, for a Time to be
limited, Duty-free; which were all paſſed into Laws. But it muſt be ob-
ſerved, that the Importation of Grain was confined to Britiſh Subjects. Yet,
Wheat had riſen in the Years 1964 and 1765, to the enormous Price of 32,
per Quarter, and Barley to 345. and the three Bills juſt mentioned did not
prove an adequate Remedy to the Evil complained of; the Price continuing
to be above the moderate Standard throughout the Year 1766 and 1767, but
the Quantities imported reduced the Price the following Year, yet, not ſo low
as to admit of the Revival of the Bounty, for it did not fall to 48s. per Quara
3


.
2. A Bill for
vival of the
Ő F ČA U SI TO M S, &c.
433
hich the Bounty was alowed to be sir
& Mary.
liament took
ter, the Price at which the Bounty was allowed to be given by I Will.
From 1768 to 1772, Wheat kept at a Price which'did not excité Murmurs,
but in the Courſe of that year it roſe again, and all other Proviſion's becoming
likewiſe very dear, Riots happened in ſeveral Parts of the Kingdom, and Para
Act was paſſed, totally prohibiting the Exportation of Wheat, Flour, Bread,
Biſcuit, and Starch, for a limited Time, and for allowing the Importation of
the ſame, and of Oats, in any Ships,
any Ships, and from any Country; and by Aliens
as well as Foreigners. The Price at which the Bounty is to be revived was
likewiſe fixed at 44.5. per Quarter, inſtead of 48s. and Monthly Returns from
the County Towns of the Market-Prices Weekly, having likewiſe been en-
acted, to be made to a Regiſter appointed to receive and report them to the
Commiſſioners of the Cuſtoms, theſe falutary Regulations, and others of
leſs Conſequence, have kept Wheat at a moderate Price ever ſince.
Having thus given an 'Abſtract of the Proceedings of late Years on this in-
tereſting Subject, we have only to annex, which we are happy to have it in our
Power to do From the new Book of Rates, Compiled by Order of the ſaid
Commiſſioners, and juſt publiſhed by William Sims and Richard Frewin, of
the Long-Room at the Cuſtom-houſe, London, the preſent ſubſiſting Regula-
tions according to Act of Parliament concerning Grain for the Guidance of
the Merchant, Factor, or Agent, and all other Perſons concerned therein.
Sonte
8
On IMPORTATION.

By 13 Geo. III. Cap. 43, whenever the Price of middling Britiſh WHEAT
ſhall appear to be at, or above 48 s. per Quarter, at the Place of Importation,
according to the Methods directed for aſcertaining the Prices of Corn and Grain
imported, then the Duty on the old Rates ceaſes, and in Lieu thereof a Duty
of Sixpence per. Quartero is laid on foreign Weat imported.
Not exceeding the Price of 445. per Quarter,' at the Place of Importation,
then the Duty on Foreign is il. 35. id. payable alike by Britiſh Subjects and
Aliens.
tutti i to dovoni oldiberi
-Exceeding 445. and yet under 185.-175. rod.it here!
WHEAT-FLOURse był 13 Geo. III. Cap. 43, whenever the Price of middling
Britiſh Wheat ſhall appear to be at, or above 48/super- Quarter at the Place of
Importation, then the old Duties on Wheat-Flour are to ceaſe, and in Lieu
thereof a Duty of Two-Pence per Cent. is laid on.
BARLEY or MALT -- by the fame Statute, whenever the Price of middling
Britiſh Barley ſhall appear to be at, or above 2433 per: Quarter at the Place of
Importation, then the old Duty ceaſes, and in Lieus thereof, a Duty of Two-
Pence per Quarter, is laid on foreign Barley or Malt imported. The ſame,
with reſpect to Beer or Big.
Rye-by the ſame Statute, whenever the Price of middling Britiſh Rye
Thall appear to be at, or above 32 s. per Quarter, at the Place of Importation,
then the old Duty ceaſes, and in Lieu: thereof, a Duty of Three-Pencé per
Quarter is laid on foreign Rye imported. In
Oats, by the fame Statute, whenever the Price cofmiddling Britiſh Oats
ſhall appear to be at, or above 16 s. per Quarter, at the Place of Importation,
then the old Duty ceaſes, and in lieu thereof, a Duty of Two-Pence per Quarter
is laid on foreign Oats imported.
INDIAN CORN and
Corn and Maize. By 15 Geo. III. Cap. 1. it is declared, that
whenever Barley is allowed, by 13 Geo. III. Cap: 43. to be imported on Pay-
ment of Two-Pence per Quarter, the Importation of Indian Corn and Maize
be permitted, on Payment of a Duty of One Penny per Quarter.
But with reſpect to any Barley, Beer, Big, Beans, Oats, Peaſe, Rye, Wheat,
of Wheat-Flour, imported into the Ports of Beaumaris, Berwick, Briſtol, Dover,
Exeter, Falmouth, Harwich, Hull, Lancaſter, Leverpoole, London, Lynna
Regis, Milford, Newcaſtle, Newhaven, Poole, Southbampton, Stockton, White-
haven,


5S
434
OF CU S T O M S &C.

O
o 5
0 0
O
1
O
NO
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I
2
the Port of London, and to the Collector in an Out-Port, who will order ſuch
haven, and Yarmouth in South Britain, and into the Ports of Aberdeen,
Ayr, Leith, Port-Glaſgow, and Kirkwall in North BRITAIN, or any or
either of them, at any Time when the Duties impoſed by the Act of 13
Geo.
III. Cap, 43. are not due and payable, the ſame may be warehouſed under
the joint Locks of the King and Proprietor, and afterwards delivered out,
either for Exportation or Home-Conſumption, under the Regulations of
the
ſaid Law, and if for the latter, then 'to pay down in ready Money ſuch Du-
ties as Thall at the Time of taking out ſuch Corn, Grain, or Flour, or any
Part thereof, be due and payable for the like Sort imported into the ſame
Port.
And by 18 Geo. III. Cap. 25, and 19 Geo. III. Cap. 29, this Indulgence is
extended to the Ports of Portſmouth, Sandwich, Chicheſter, Cheſter, and Cowes.
On EXPORTATION..
Corn of the Growth and Produce of this Kingdom, when the Price of
middling Britiſh Corn or Grain at the Port of Exportation ſhall appear to be
under the following Prices, then the Bounty affixed thereto it to be allowed
on Exportation in Britiſh ſhipping, under the Regulations directed by Law.
Price.
Bounty.
Wheat, the Quarter
for 2 4
Malt made therefrom
5
Rye, the Quarter
8
3
Barley, Beer, or Big, the Quarter
6
Malt made therefrom
6
Oats, the Quarter
0 14 0
Oat-Meal, the Quarter
6
But by 20 Geo. III. Cap. 31. and 21 Geo. III. Cap. 29. if exported in foreign
Ships, one Moiety only of the above Bounty is to be allowed, until March
25, 1782.
As it would be impoffible, in a Work of this Nature, to enumerate all the
various Alterations made from Time to Time in the Duties payable on Mer-
chandiſe inwards and outwards, or to give a clear Account of the intricate
practical Buſineſs of the Cuſtom-houſe, the fame depending likewiſe on a
Number of teinporary Cauſes and Circumſtances, ſuch as War or Peace, Em-
bargoes, Quarantines, &c. &c. &c. we muſt once more refer thoſe whom it
may concern, to the new Book of Rates before mentioned.
One great Change, however, has juſt taken place which muſt not be omit-
ted, for being a Saving in the public Revenue, and appropriated, it is likely
to be permanent.
By 21 Geo. III. Cap. 16. the Diſcounts and Abatements made to Merchants on
the Importation of foreign Merchandiſe, for prompt Payment by 12 Charles II.
after the 5th of April, 1781, hall ceaſe (except for Eaſt-India Goods)
and the full Duties ſhall be paid down in ready Money, without any Dira
count or Deduction whatever. And the additional Duty of 5 per cent. granted
by 19 Gea. III. ſhall be computed and paid upon the groſs Duties.
Concerning Sufferances for Baggage.
Paſſengers Baggage, containing their Wearing-Apparel, &c. are permitted to
be landed by a particular Sufferance directed to the Surveyors and Landwaiters
appointed to the Ship, who, after Examination, are, on the Back thereof, to
return a particular Account of each Paſſenger's Baggage to the Commiſſioners in
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 ſuch Clothes,

O
2
2
O
оо
2




3
OT
of CV's T O M S, &c.
435
22 .
or ſmall Parcels, &c. as have not been worn, and are cuſtomable, will be or-
dered to be entered, and thoſe that are prohibited, to be proſecuted.
Suppoſe a Sufferance for
3 Trunks,
I Box,
containing Wearing-Apparel, Linen, and Woollen.
2 Portmanteaus,
The Examination to be endorſed on the Back of the Sufferance; thus:
27 June, 1781.
Examined, 3 Trunks, 1 Box, 2 Portmanteaus, containing 4 Suits of old Wear-
ing-Apparel, 16 Shirts much worn, Papers and Books of Accounts, 20 Pounds
of printed Dutch bound Books, 1 India Damaſk Nightgown, 2 Pounds of Tea,
3 Pounds of Chocolate, 2 Remnants, containing 20 Ells plain Holland's Linen,
under 14 Ell wide.
A. B. Surveyor.
Landwaiters.
D. E.
The Bound Books and Linen to be entered; the Nightgown, Tea, and Cho-
colate to be proſecuted, and the reſt delivered.
F. G.
G. H.
H. I.
Commiſſioners.
I. K.
The whole Proceedings to be entered in the Landwaiter's Books, with the
Date of the Order for Delivery, &c.
And (to finiſh this Subject) when the Landwaiters to each Ship have made
true Entries of the Delivery of all Goods in their Books, and perfectly adjuſted
them, they are, before they deliver them to the Jerquer (or Surveyor, in thoſe
Parts where there is no Jerquer) to certify the ſame under their Hands, after the
Entry of the laſt Article, thus;
This Ship is regularly diſcharged, and all Poſt-Entries duly made.
A. B. Landwaiter.
The Fees and ALLOWANCEs that are due and payable to the Officers of his
Majeſty's Cuſtoms and Subſidies in the Port of London, &c. are as follow.
Cuſto. Comp. Sur. Survey.
mer.
Gen.
s. d. S. d. s. d.
For a Cloth Cocket by Engliſh Freemen of London 06
04 04
For a Stranger's Cocket, or Unfreemen
08 O 6 o 6 O 6
For a Cloth Certificate, by Strangers, or Engliſh, to paſs
o 8
according to the old Rates.cat
O4
O4
For a Ship’s Entry croſſing the Seas
04 04 04 O4
For a Ship's Entry to the Streights, or Canaries, or Weſtern
Iſlands
For clearing of Ships, and examining the Books
0 6 0 6 0 6
For every Indorſement
O4
For making a Bond to the King's Uſe
06
For every Entry in the Certificate Book
To the Cuſtomer's Clerks for a Cloth Cocket or Certificate o 6 0 2
For a Ship's Entry croſſing the Seas

troller. veyor.
S. d.
0 40%

O4
I O
Ι Ο
I O
I O
I 0

02
02
0 %
04
Subſidy
436
tor.
troller. veyor.
I O I O
04
O4
O 2
o I
ΟΙ
0 1
I O
I O
O
,
OF C U S T O M S, Esc
Subſidy Outwards.
Collec- Comp- Sur. Survey.
Gen.
s. d. s. d. s. d. s. d.
For every Ship’s Entry within the Levant, or beyond the
Streights Mouth
Ι Ο ΠΙΟ
O4
For every Ship’s Entry going to the Out-Ports
For clearing of every Ship, paſſing to foreign Parts, and
examining the Contents of the Ship
0 6 0 6 0 6
For every Engliſh Cocket, by Freemen
o 8
O4 O4 O4
For every Stranger's Cocket, or Unfreemen of London
06 O 6 6
For making every Certificate Cocket, as well Engliſh as
Strangers, for Goods which paid Subſidies Inwards,
and pay no Subſidy Outwards
0 8 0 4 0 4 0.4
For every Certificate upon Warrant, from his Majeſty, or
the Lords of the Treaſury, paying no Duties I 6 o 8 0 8 0 8
For Indorſement of Warrants and Licences
04 O4
For Foaring Bill, Licenſing ſuch as bring in Victuals, to
carry out ſome Beer, as by Store
0 6 0 6 0 6 0 6
Coaſt Sufferances, are to be given without Fees.
For every Coaſt Cocket outwards, and entering in his
Majeſty's Books, for a whole Ship or Veſſel, paſſing
into the open Sea
Io 08 08 08
For a Bond for the ſame
06
For diſcharging the ſame Bond; filing the Certificate to
the ſaid Bond
04
For making every Certificate of Return
IO O 2
For making, entering, and keeping an Account of every
Debenture, for repaying of half the Subſidy, or
other Sums of Money
IO, 04 04 04
For making and entering a Tranfre, or Let Paſs, from
Port to Port, in England, Wales, or Berwick 0 4 0 2
To the Clerks for Cocket, by Engliſh or others 04
O 2
For a Ship’s Entry croſſing the Seas
To the Clerk of the Coaſt Cockets, for making a Bill, or
Ticket, to the Lord-Mayor for Corn, Victuals, or
other Proviſions
04
o 2
O 2

O 2
02
o4
Kਦੇ
in die
Petty Cuſtoms Inwards.
Cufto- Comp-
Sur. Survey.
mer. troller. veyor. Gen.
s. d. s. d. s. d. s. d.
For every Stranger's Warrant
0 2 O2 02 O 2
For taking every Bond
06
For every Bill at Sight
For diſcharging every Bond
o 6
For every great Employment, to employ the Proceed of Goods 06 Ιο Ι Ο
1
I O
tor.
O O
6
Subſidy Inwards.
Collec- Comp- Sur. Survey.
troller, veyor.
Gen.
s. d. s. d. s. d. s.
s. d.
For every Warrant by Engliſh Freemen of London 04 O4
0.4
For every Warrant for Strangers, or Unfreemen 06.06
To the Clerk for making the Shipper's Entry
For making a Bond to his Majeſty's Uſe
For every Oath adminiſtered by the Collector
For a Shipper's Entry, with the particular Content, viz.
From the Eaſt-Indies
26
Ditto from the Streights
2 6
For


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OF CUSTOM ,
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437
tor.
2 0
Ι ο
I O
Collec Comp. Sur. Survey.
troller. veyor.
Gen.
s. d. s. d. sid. S. d.
For a Shipper's Entry, with the particular Content, viz.
From Spain, Portugal, and the Weſt-Indies, or
English Plantations
Ditto from Dunkirk, or France
Ditto froni Flanders, Holland, Ireland, or any
Eaſtern or Northern Parts
For every Ship, or Vefſel, leſs than twenty Ton. 08
For every Stranger's Ship, Entry to pay double Fees.
For every Certificate of foreign Goods imported; to be
ſhipped out free of Subtidy,Eighteen-Pence, which
is underſtood, Six-pence for the Search (although
ſeveral Ships) and Twelve-Pence for theCertificate i 6
If the Goods be under the Value of Twenty Pounds ac-
cording to the Book of Rates, the Merchant is to
pay the Certificate, in all but
06
For examining, and comparing every Debenture with the
original Certificate
04
For a Certificate of foreign Goods, coming from any of
-Ports to
0 6 0 2
For Goods ſent by Sea, by the Importer thereof, to any
of the Out-Ports from London
06. 02 O2
For caſting up the Sum, and keeping an Account of every
Debenture, and paying the Money
o 8
For every Bale, Pack, Truſs, Cheſt, Cafe, or other Pack-
age, brought into the King's Warehouſe; to be
allowed to the Officer, when the Merchant is ſhort
entered above Five Shillings, to be paid to the
proper Officer, Two-Pence
within this is London, or from any other Port,
02
o 22
O 2
2 O
GREAT CUSTOMS.
Cuſto- Compo
mer. troller.
si d. sid.
For Cocket for Calve Skins
2 O Ι Ο
For a Coaſt Cocket Outwards, of Wools, Woolfels, Leather, Skins,
and Hides
IO
For a Bond to his Niajeſty's Uſe
For filing the Return
06
For a Return, and Diſcharge Outwards
Fees to be paid to the Clerks, concerning ſeveral Oficers, as well Inwards, as
Outwards
Cuſto. Comp. Sure
Ι Ο
24
1 Ο
mer.
troller. veyor.
's. d. s. d. s. d.
:
03
O 2 O 2 02
For every Bill of Portage
For a Second, or Parcel Cocket Outwards
0 6 0 3
To the King's WAITERS received in the Cuſtom-houſe above Stairs.
For every Engliſhman's foreign Goods, or Merchandiſes, of what Nature fo-
ever, paying Cuſtoms, or Subſidy, Inwards in the Port of London,
or coming thither from any Place or Port, by Cocket
every Stranger's foreign Goods in like Manner, paying Cuſtom, or Sub-
lídy, Inwards in the ſame Port, or coming thither by Cocket
For certifying every Cocket of Engliſh Goods brought up to London
od
I O
For
I 6
I 6
5 T
To
438
S. d.
I O
0 2
02
0 - 3
0 F C U S T O M S &c.
To the faid KING'S WAITERS and others attending, received at the Water-fide,
to be divided as formerly.
For a Bill of Store, or Portage, for any Thing above Ten Shillings Cuſtoms 1 o
For a Bill of Sight, Bill of Sufferance, or any other imperfect Warrant
For Wools, Woolfels, Leather, Hides, and prohibited Goods, from the
Out-Ports by Cocket
IO
Regiſter of the King's Warrants.
For every Engliſh Warrant for Goods inwards
For every Stranger's Warrant
O4
For every Foreign Certificate
04
For all Goods not paying Twenty Shillings Cuſtom, whether in or out, there
ſhall be but half Fees taken, whether for Warrants, Cocket, Tran-
firas, Debentures, or Certificates.
To the Uber of the Cuſtom-baufe
For every Oath adminiſtered by the King's Officers outwards
The Fees of the Chief Searcher, and his Majeſty's five Under-Searchers in the
Port of London.
Between the Chief Searcher and five Under-Searchers.
For every Ship that pafſeth into Spain, Portugal, the Streights, Weſt-Indies,
Guinea, or the Weſtern Iñands
6 o
For every Ship that paſſeth to the Eaſt-Indies
All other Engliſh Ships into foreign Parts
4
For every Stranger's Ship, or Bottom
68
Duties of his Majeſty's five Under-Searchers that attend at London,
Engliſh and Aliens.
For every Certificate for ſhipping out Goods, formerly imported
But if the half Subſidy to be received, amounts but to Forty Shillings, then to
To be paid by Engliſh and Aliens for Goods that pay Subhidy, and paſs out by
Cocket or Warrant.
Pipe, Puncheon, or Butt
04
Hogſhead, or Bag
Tin, the Block, or Barrel
Beer eager, Wood of all sorts, Copperas, Allum, and ſuch groſs Goods,per Tono 4
Corn the Laſt, Sea-Coal the Chaldron, Beer the Ton
Lead the Fodder
The Maund, Fat, or Pack
06
The Bundle, Bale, Cheſt, or Caſe
Raiſins or Figs, the 20 Frails, or Barrels
3
Butter, and ſuch Goods, the Barrel
For every Coaſt Certificate or Cocket
Tranſires for the Coaſt, free
For every Horſe, Mare, or Gelding
For certifying every Debenture for receiving back half Subſidy, &c. 06
For every Piece of Ordnance
For the Endorſement of every Cocket
For every Certificate out of their Books, of Goods loſt at Sea, taken by
Pirates, or returned, whereby ſo much may be ſhipped Cuſtom free io
For
Іо о
2 O
O 2
O T.
0 2

0 2
02
I O
I O
І о
I O
OF CONTRACTS, &c.
439
s. d.
I O
For every Bill of Sufferance, or Store, above Ten Shillings in the Book of
Rates
If under
06
The Fardle, or Truſs, by Engliſh, of 3 C. wt. or upwards
o 6
Woollen Cloth, the Bale, not exceeding five Cloths, or 3 C. wt. Stuffs, Bays,
or Says
O 3
Merchants Strangers, or ſuch as ſhip on Strangers' Ships or Veſſels.
1 Ο
06
IO O
оооо
O 00$
O 4
The Fardle or Truſs
The Bale
The Fees of the two Searchers at Graveſend.
For every Ship that paſſeth over the Seas for Spain, Portugal, Streights, the
Weſt-Indies, Guinea, or the Weſtern Iſands
6 o
For every Ship to the Eaſt-Indies
For all other Ships in foreign Parts
For every Stranger's Ship or Bottom
For every Ship having a Coaſt Cocket
For Paſſengers outwards, not being Merchants or Mariners
o 6
No Officer, belonging to any Cuſtom-houſe,
Thall receive any other Fee than Sir Harbottle
ſuch as ſhall be eſtabliſhed by the Commons in Parliament; if any Officer ſhall Grimſtone's
offend contrary to this Order, he ſhall forfeit his Office, and be incapable of any Advancement
Office in the Cuſtom-houſe.
of Trade, &c.
All Fees appointed to be paid to the Cuſtomer, Comptroller, Surveyor, or Sur- Art. 24.
veyor-General in the Port of London, for any Cocket outwards, ſhall be paid in
one Sum to that Officer from whom the Merchant is to have his Cocket above in
the Cuſtom-houſe; and after the Merchant hath paid his Cuſtom and Subſidy,
and other Duties above in the Cuſtom-houſe, he is to keep his own Cocket until
he ſhall ihip out his Goods, when he is to deliver the ſame to the Searcher, with Dicto, Art.25.
the Mark and Number of his Goods.
Of Contracts, Bonds, and Promiſſory Notes.
CONTRACT (in Latin, Contractus) is a Covenant, or Agreement
between two or more Perſons, with a lawful Conſideration or Cauſes,
as when a Man makes the Sale of any Thing to another, for a Sum of
Money, or covenants, in Conſideration of Fifty Pounds, to make him a Leaſe
of a Farm, &c. Theſe are good Contracts, becauſe there is a Quid pro Quo, or
one Thing for another ; but if a Perſon promiſes me Twenty Shillings, and that
he will be Debtor to me for it, and after, when I demand the Completion of his
Promiſe, he refuſes me, I cannot have any Action for its Recovery, becauſe
this Promiſe was no Contract, but a bare Promiſe, or Nudum Pactum, though
if any Thing had been given for the Twenty Shillings, even to the Value of a
Penny, then it had been a good Contract. Every Contract doth imply in itſelf, 1 Lill
. Abr.
an Aſſumpſit in Law for its Performance; for a Contract would be to no Purpoſe, 308.
if there were not Means to enforce the Performance thereof.
Where an Action is brought upon a Contract, and the Plaintiff miſtakes the
Sum agreed on, he will fail in his Action : But if he brings this Action on the
Promife in Law, which ariſes from the Debt, then, although he miſtakes the Aleyx 29.
Sum, he ſhall recover.
There is a Diverſity, where a Day of Payment is limited on a Contract, and
where not; for where it is limited, the Contract is good preſently, and an Action
lies upon it, without Payment, but in the other not; if a Man buys twenty
Yards of Cloth, &c. the Contra£t is void if he do not pay the Money preſently;
4
but
440
OF CONTRACTS, &c.
128.
1 Bul. 92.
Perk. Sect.
112, 114.
294.
Dyer 30. 293. but if Day of Payment be given, there the Seller may have an Action for the
Money, and the Buyer Trover for the Cloth.
If a Man Contract to buy a Horſe, or any Thing elſe, but no Money is paid,
or Earneſt given, nor a Day ſet for Payment thereof, nor the Purchaſe is deli-
Plorwd. 309, vered; in theſe Caſes no Action will lie for the Money, or the Thing ſold, but
it may be ſold to another.
All Contracts are to be certain, perfect, and complete : For an Agreement to
give ſo much for a Thing, as it ſhall be reaſonably worth, is void for Uncer-
Dyer 91.
tainty ; ſo a Promiſe to pay Money in a ſhort Time, &c. or to give ſo much if
he likes the Thing when he ſees it.
But if I contract with another to give him Ten Pounds for ſuch a Thing, if
I like it on ſeeing it; this Bargain is ſaid to be perfect at my Pleaſure, though
I may not take the Thing before I have paid the Money; If I do, the Seller may
Noy 104.
have Treſpaſs againſt me; and if he fell it to another, I may bring Action of the
Caſe againſt him.
If a Perſon agree with another to give ſo much for his Horſe as A. B. ſhall
judge him to be worth ; when he hath judged it, the Contract is complete, and
an Action will lie on it, and the Buyer ſhall have a reaſonable Time to demand
the Judgement of A. B. but, if he dies before his Judgement is given, the Contract
Shep. Abr.
is determined.
In Contrasts, the Time is to be regarded, in and from which the Contract
is made : The Words ſhall be taken, in the common and uſual Senſe, as they
are taken in that Place where ſpoken; and the Law doth not ſo much look
5 Rep. 83. upon the Form of Words, as on the Subſtance and Minds of the Parties
í Bull. 175. therein.
A Contract for Goods may be made as well by Word of Mouth, as by Deed
in Writing; and where it is in Writing only, not ſealed and delivered, it is the
ſame as by Word; but if the Contract be by Writing, ſealed and delivered, and
Plowd. 130, ſo turned into a Deed, then it is of another Nature, and in this Caſe generally
the Action on the verbal Contra&t is gone, and ſome other Action lies for Breach
thereof.
Contracts, not to be performed in a Year, are to be in Writing figned by the
Party, &c. or no Action may be brought on them; but, if no Day is ſet, or the
Time is uncertain, they may be good without it.
And by the ſame Statute, no Contract for the Sale of Goods, for Ten Pounds,
or upwards, ſhall be good, unleſs the Buyer receive Part of the Goods ſold, or
gives ſomething in Earneſt to bind the Contract, or ſome Note thereof be made
in Writing, ſigned by the Perſon charged with the Contract, &c.
Mod. Cas. If two Perſons come to a Draper, and one ſays, Let this Man have ſo much
Cloth, and I will ſee you paid, there the Sale is to the Undertaker only, though
the Delivery is to another by his Appointment: But, if a Contra£t be made with
A. B. and the Vender ſcruples to let the Goods go without Money, and C. D.
comes to him, and deſires him to let A. B. have the Goods, and undertakes
that he ſhall pay him for them, that will be a Promife within the Stat. 29.
Car. II. and ought to be in Writing.
All Promiſes and Contracts are to receive a favourable Interpretation : And
ſuch Conſtruction is to be made, where any Obſcurity appears, as will beſt
anſwer the Intent of the Parties ; otherwiſe a Perſon, by obſcure wording of
his Contract, might find Means to evade and elude the Force of it.
it is a general Rule, that all Promiſes ſhall be taken moſt ſtrong againſt the
Promiſer, and are not to be rejected, if they can by any Means be reduced
to a Certainty. 1. New Abridg. of Caſes in Equity, 168.-But Promiſes are
not valid, if the Conſideration be againſt Law :-And where there are Frauds
in Contracts an Action on the Caſe will lie. Clarke's Epit. of Com. Law.
CONTRACTS and AGREEMENTs are in many caſes of the fame Signification,
as this latter in its Latin Derivation, Agrementum, or Aggregatio Mentium, ſeems
to expreſs, fignifying a joining together of two or more Minds, in any Thing
done, or to be done ; and on 701110 12
ors vegaon obat bones
BONDS
309.
Dyer go.
ga
29 Car. II.
Cap. 3.
249
Hence


3
OF CONTRACTS, &c.
441
Bonds are Deeds, or obligatory Inſtruments in Writing, whereby one doth Bro. Obl. 690
bind himſelf to another, to pay a Sum of Money, or do forne other Act; as to
make a Releaſe, ſurrender an Eſtate for quiet Enjoyment, to ſtand to an Award,
ſave harmleſs, perform a Will, &c. It contains an Obligation with a Penalty ;
and a Condition, which expreſsly mentions what Money is to be paid, or other
Thing to be performed, and the limited time for the Performance thereof, for
which the Obligation is peremptorily binding; it may be made on Parchment
or Paper (duly ſtamped), though it is uſually on the latter, and be either in
the firſt, or third Perſon; and the Condition may be either in the ſame Deed,
or in another, and ſometimes it is included within, and ſometimes endorſed
upon the Obligation, though it is commonly at the Foot of it.
A Memorandum on the Back of a Bond may reſtrain the ſame, by Way of Moore 675.
Exception.
A Bond may be by any Words, in a Writing ſcaled and delivered, wherein 2 Shep. Abr.
a Man doth declare himſelf to have another Man's Money, or to be indebted 477.
to him; but the beſt Form of making of it, is that which is moſt uſed.
If a Bond be thus, Know all Men by theſe Preſents, that I A. B. am bound 3 Leon.
to C. D. in the Sum of, &c. for Payment of which I give full Power to him to C. 299.
levy the ſame upon the Profits of ſuch Lands yearly, till it be paid : In this Caſe,
the obligee may fue upon the Obligation, or levy the Money according to the
ſaid Clauſe.
Where a Bond is made, Obligo me, &c. leaving out the Words, Hæredes, Dyer i3.
Executores, et Adminiſtratores, this is good, and the Executors and Adminiſtrators
ſhall be bound thereby.
An Obligation made to one, to the Uſe of A. B. will be good for him in Bro. Öbl. 72
Equity.
The Condition of a Bond muſt be to do a Thing lawful; wherefore Bonds, 11 Rep. 53.
not to uſe Trades, till or fow Grounds, &c. are unlawful, as they are againſt
the publick Good, and the Liberty of a Freeman, and therefore void : And a
Condition of a Bond to do any Act, Malum in ſe, as to kill a Perſon, &c. is void :
So alſo Bonds made by Dureſs, by Infants, Feme Coverts, &c. And if a Womari
through Threats, or Flattery, be prevailed upon to enter into a Bond, ſhe may
be relieved in Chancery.
If an Infant (that is, a Perſon under twenty-one Years of Age) ſeal a Bond 5 Rep. 119.
and be ſued thereon, he is not to plead, Non eſt Faĉtum, but muſt avoid the Bond
by Special Pleading; for this Bond is only voidable, and not in itſelf void.
But if a Bond be made by a Feme Covert, ſhe may plead her Coverture, and 10 Rep. 119.
conclude Non eft fa&tum, &c. her Bond being void.
If a Bond depends upon ſome other Deed, and the Deed becomes void, the i Leon.
Bond is alſo void. A Bond made with Condition not to give Evidence againſt a
Felon, &c. is void ; but the Defendant muſt plead the ſpecial Matter.
Condition of a Bond to indemnify any Perſon from any legal Proſecution, is 1 Lutw. 667.
againſt Law, and void.
And if a Sheriff takes a Bond as a Reward for doing of a Thing, it is void.
Conditions of Bonds are to be not only lawful, but poſſible; and when the 10 Rep. 120.
Matter or Thing to be done, or not to be done by a Condition, is unlawful or
impoſſible, or the Condition itſelf repugnant, inſenſible, or uncertain, the Con-
dition is void, and in ſome Caſes the Obligation alſo.
But ſometimes the Obligation may be ſingle to pay the Money, where the 2 Mod. 285.
Condition is impoſſible, repugnant, &c.
If a Thing be poſſible at the Time of entering into the Bond, and afterwards Mod. Rep.
hecomes impoſſible by the Act of God, the Act of the Law, or of the Obligee, 263,
it is become void; as if a Man be bound to appear next Term, and dies before,
the Obligation is ſaved. A Condition of a Bond was, that A. B. ſhould pay
fach a Sum upon the 25th of December, or appear in Hilary Term after in the
Court of B. R. he died after the 25th of December, and before Hilary Term,
and had paid nothing: In this Caſe, the Condition was not broken for Non-
Payment, and the other Part is become impoſſible by the Act of God.
And
3 Salk. 75.
5 U
442
OF CONTRACTS E c.
i Brownl. 33
1 Leon. 101.
2 Buft. 149.
Litt, 340.
8 E. IV.
Co, Litt. 208.
Dyer 51. And when a Condition is doubtful, it is always taken moſt favourably for the
Obligor, and againſt the Obligee; but ſo as a reaſonable Conſtruction be made as
near as can be, according to the Intention of the Parties.
If no Time is limited in a Bond for Payment'of the Money, it is due preſently,
and payable on Demand.
Jones 140.
But the Judges have ſometimes appointed a convenient Time for Payment,
having Regard to the Diſtance of Place, and the Time wherein the Thing may
be performed; and if a Condition be made impoflible, in Reſpect to Time, as
to make Payment of Money on the 30th of February, &c. it thall be paid pre-
ſently; and here the Obligation ſtands ſingle.
Though if a Man be bound in a Bond with Condition to deliver ſo much Corn
upon the 29th Day of February next following, and that Month hath then but
twenty-eight Days, it has been held that the Obligor is not obliged to perforin
the Condition till there comes a Leap-Year.
Where one is bound to do an Act to the Obligee himſelf, the doing it to a
Stranger, by Appointment of the Obligee, will not be a Performance of the
Condition.
i Inft. 210.
When no Place is mentioned for Performance of a Condition, the Obligor is
obliged to find out the Perſon of the Obligee, if he be in England, and tender the
Money, otherwiſe the Bond will be forfeited. But when a Place is appointed,
he need ſeek no farther.
And if, where no Place is limited for Payment of Money due on a Bond, the
Obligor, at, or after the Day of Payment, meets with the Obligee, and tenders
him the Money, but he goes away to prevent it, the Obligor ſhall be excuſed.
The Obligor, or his Servant, &c. may tender the Money to ſave the Forfeiture
of the Bond, and it ſhall be a good Performance of the Condition, if made to the
Obligee, though refufed by him; yet if the Obligor be afterwards ſued, he muſt
plead that he is ſtill ready to pay it, and tender the Money in Court.
3 Bulff. 148. The Condition of a Bond being for Payment of Money, it may be performed
by giving any other Thing in Satisfaction, becauſe the Value of Money is cer-
tain, and therefore may be ſatisfied by a collateral Thing, if the Obligee accepts
it; but if the Condition is to do a collateral Thing, there it is otherwiſe, and
paying Money is no good Satisfaction.
The Acceptance of a new Bond will not diſcharge the old one, as a Judgment
may.
One Bond cannot be given in Satisfaction of another, but this is where given
by the Obligor himſelf, for it may by others.
Noy's Max 15. If a Bond be to pay Money at ſuch a Time, &c. it is no Plea for the Obligor
to ſay, that he did pay it; he muſt ſhew at what Time, or elſe it may be taken,
that the Performance was after the Time limited.
If a Bond be of twenty Years ſtanding, and no Demand be proved thereon,
or good Cauſe of ſo long Forbearance ſhewn to the Court, upon Pleading Solvit
ad Diem, it ſhall be intended paid.
Payment of Money without Acquittance, is an ill Plea to Action of Debt upon
a ſingle Bill; but it is otherwiſe upon a Bond with Condition.
i Inft. 292.
If ſeveral Days are mentioned for Payment of Money on a Bond, the Obli-
gation is not forfeited, nor can be ſued until all the Days are paſt: But in ſome
Caſes, the Obligee may proſecute for the Money due by the Bond preſently,
though it be not forfeit; and by ſpecial Wording the Condition, the Obligee may
be able to ſue the Penalty on the firſt Default.
In a Bond where ſeveral are bound feverally, the Obligee is at his Election,
to ſue all the Obligors together, or all of them apart, and have ſeveral Judgments
and Executions; but he ſhall have Satisfaction at once; for if it be of one only,
that shall diſcharge the reſt. If an Obligation be joint and not ſeveral, all the
Obligors muſt be fued that are bound; and if one be profecuted, he is not obliged
to anfwer, unleſs the reſt are ſued likewiſe.
Where two or more are bound in a joint Bond, and only one is ſued, he muſt
plead in Abatement, that two more ſealed the Bond, &c. and aver that they are
living, and ſo pray Judgment de Billa, &c. and not demur to the Declaration.
Hob. 68.
i Mod, 221.
Mod. Ca. 22.
Dyer 25:
Dyer 19, 310.

Sid. 420.
3
If
0 F C O N T R A Ĉ TS,
83C.
443
228.
more
If a Bond is made to three to pay Money to one of them, they inuſt all join in Yelv. 177.
the Action, becauſe they are but as one Obligee.
If Action be brought upon a Bond, againſt two joint and ſeveral Obligors jointly, Hob. 59.
and both are taken by Capias, here the Death or Eſcape of one ſhall not releaſe
the other ; but the ſame kind of Execution muſt be taken forth againſt em;
it is otherwiſe when they are ſued feverally.
When the Condition of a Bond is to do two Things, or has diverſe Points, Dyer 371:
and the Obligee, ſuppoſing a Breach of one of them, doth ſue the Obligor ; if, 2.Shep
. Abre
487.
Iſſue being joined upon that, it is found againſt him, and he is barred, the whole
Obligation is diſcharged: And ſo long as that Judgment is in Force, he can never
proſecute upon any other Point.
If a drunken Man gives his Bond, it binds him; and a Bond without Confide- Jenk. Genf.
ration is Obligatory, and no Relief ſhall be had againſt it, for it is voluntary and 169.
as a Gift.
A Perſon enters voluntarily into a Bond, though there was not any Conſideration Chan. Caso
for it; if there be no Fraud uſed in obtaining the fame, the Bond ſhall not be 157.
relieved againſt in Equity. But a voluntary Bond may not be paid in a Courſe
of Adminiſtration, ſo as to take Place of real Debts, even by ſimple Contract;
yet it ſhall be paid before Legacies.
An Heir is not bound, unleſs he be named expreſsly in the Bond, though the Dyer 14, 271.
Executors and Adminiſtrators are. And if an Obligation be made to a Man, his
Heirs or Succeſſors, the Executors and Adminiſtrators ſhall have the Advantage
of it, and not the Heir or Succeffor, by Reaſon it is a Chattel.
A Declaration need not be according to the Letter of the Bond, where there Med. Caso
is any Omiffion, &c. but according to the Operation of Law upon it.
In Bonds to ſave harmleſs, the Defendant being proſecuted, is to plead Non 2 Cro. 126.
damnificatus, &c. A Bond may be from one to one, one to two, three,
Perſons; or from two or more Perſons to one, two, three, &c. and the Name
of the Obligor ſubſcribed, it is ſaid, is ſufficient, though there is a Blank for
his Chriſtian Name in the Bond.
But where another Chriſtian Name is in the Bond, and the Bond ſigned by the 2 Cro. 558.
right Name, though the Jury find it to be his Deed, the Obligee cannot have
Judgement, for the Name ſubſcribed is no Part of the Obligation.
In theſe Caſes, though there be a Verdict, there ſhall not be Judgement. Where 3 Chan. Rep.
an Obligor's Name is omitted to be inſerted in the Bond, and yet he figns and 99, 184.
ſeals it, the Court of Chancery may make good ſuch an Accident; and in Caſe
a Perſon take away a Bond fraudulently, and cancels it, the Obligee ſhall have
as much Benefit thereby, as if not cancelled.
If a Bond has no Date, or a falſe Date, if it be ſealed and delivered, it is 5 Mod. 282.
good. A Plaintiff may ſuggeſt a Date in a Bond, where there is none, or it is
impoflible, &c. where the Parties and Sum are fufficiently expreſſed.
A Bond dated on the ſame Day on which a Releaſe is made of all Things, 2 Roll. Rep.
Uſque Diem datus, &c. is not thereby diſcharged.
And where a Bond is made to another's Uſe, it muſt be ſo laid in the Obliga- Jenk. Cent.
tion, or he cannot releaſe it, &c,
A Perſon ſhall not be charged by a Bond, though ſigned and ſealed, without 1 Leon. 140.
Delivery, or Words, or other Thing amounting to a Delivery.
A Bond may be good, though it contains falſe Latin, or falſe Engliſh, if the 2 Roll. Abr.
Intent appears, for they do not make the Bond void.
By the Condition of a Bond, the Intent of what Sum was in the Obligation 2 Roll. 146.
may be more eaſily known and explained.
And the Condition of the. Bond may be recorded, and then the Plaintiff Lutw. 422.
demur, &c.
Is
Likewiſe the Conditions of Bonds may expound to whom an Obligor is bound 1 Inft. 108,
to pay Money; as if A. binds himſelf to B. to be paid to A. whereas it ſhould 209.
be to B. which Obligation is good, and the Solvendum void.
Interlineation in a Bond, in a Place not material, will not make the Bond void ; 1 Nels
. Abr.
but if it be altered in a Part material, it ſhall be void.
And
Mod. 107
255
225
146.
Moor 864.

391.
444
OF CONTRACTS, &*c.
i Saund. 66.
Executors, or Adminiſtrators, do and ſhall well and truly pay, or Veirs,
5 Rep. 23. And a Bond may be void by Raſure, &c. as where the Date, &c. is raſed after
Delivery, which goes through the Whole.
Such Words, whereby the Intention of the Parties may appear, are ſufficient
to make the Condition of a Bond good, though they are not proper ; and it ſhall
not be conſtrued againſt the expreſs Words.
If the Words in a Bond, at the End of the Condition, That then this Obliga-
tion to be void, are omitted, the Condition will be void, but not the Obligation :
But if the Words, or elſe ſhall ſtand in Force, be left out, it has no Effect to
hurt either the Condition or Obligation. The ſtealing of any Bond or Bill, &c.
2 Geo.II.C.25. for Money, being the Property of any one, is made Felony, as if the Offenders
had taken other Goods of the like Value.
The Form of a Bond
for Payment of Money, with an Obligation from one to one.
KNOW all Men by theſe Preſents, that I, 4, B. of the Pariſ of, &c. in the
County of, &c. Merchant, am held and firmly bound to C. D. of Sc. in the
County aforeſaid, Gentleman, in two hundred Pounds, of good and lawful Money of
Great Britain, to be paid to the faid C. D. or bis certain Attorney, bis Executors,
Adminiſtrators, or Aligns; to which Payment, well and truly to be made, I bind
myſelf, my Heirs, Executors, and Adminiſtrators, firmly by theſe Preſents, fealed
with my Seal
. Dated the twenty-third Day of May, in the twenty-ſecond Year
of the Reign of our Sovereign Lord George the Third, by the Grace of God, of
Great-Britain, France, and Ireland, King, Defender of the Faith, &c. and in
the Year of our Lord, one thouſand ſeven hundred and eighty-two.
The CONDITION of this Obligation is ſuch, that if the above-bound
A. B. his Heirs, Executors, or Adminiſtrators, do and ſhall well and
truly pay, or cauſe to be paid, unto the above named C. D. his Exe-
cutors, Adminiſtrators, or Aſſigns, the full Sum of one hundred Pounds,
of lawful Money of Great-Britain, with legal Intereſt for the ſame,
on or before the twenty-third Day of November next enſuing the Date
hereof; then this Obligation to be void, or otherwiſe to be and remain
in full Force and Virtue.
Signed, Sealed, and Delivered
in the Preſence of
A Bond with a Condition from two to one.
NOW all Men by theſe Preſents, that we, A. B. of, &c. and C. D. of, &c.
are held and firmly bound to E. F. of, &c. in three hundred Pounds, of good
and lawful Money of Great-Britain, to be paid to the ſaid E. F. or his certain
Attorney, bis Executors, Adminiſtrators, or Aligns; to which Payment, well and
truly to be made, we bind ourſelves, and each of us by himſelf (if one of the
Obligors be a Woman, write thus; viz. by him and herſelf) for, and in the
whole, our Heirs, Executors, and Adminiſtrators, and each of us, firmly by theſe
Preſents. Sealed with our Seals. Dated, &c.
The CONDITION of this Obligation is ſuch, that if the above-bound
A. B. and C. D. or either of them, their, or either of their
cauſe
to be paid, to the ſaid E. F. his Executors, Adminiſtrators, or Affigns,
the full Sum of one hundred and fifty Pounds, of lawful Money of Great-
Britain, with legal Intereſt for the ſame, on or before the, &c. which
hall be in the Year of our Lord, &c. then, &c. otherwiſe, &c.
And the Conditions are the ſame from three or more to one, or when the
Obligors, as well as the Obligees, are in the Plural; as they are vice verſa, when
the


ico
OF CON TRACTS, & Co
445.
the Obligors and Obligees, vary in the Reverſe to the afore-mentioned; and I think
what I have quoted is ſufficiently clear, to enable every one to fill up a Bond
ſuitable to his Occaſion; which I have done with a View, more for the Service
of my Country Readers than thoſe in this Metropolis, as theſe latter may readily
furniſh themſelves with printed Bonds of all sorts, which is not the Caſe with
the others, though this Want they may ſupply by a Draught themſelves on
ſtamped Paper, where they have not an Opportunity to get it done by an At-
torney, which however I would always recommend when to be effected, at
leaſt if the Caſe is any Thing more than Common.
A Penal Bill for Payment of Money.
NOW all Men by theſe Preſents, that I, A. B. of, &c. do owe unto C. D.
of, &c. the Sum of one hundred Pounds, of lawful Money of Great-Britain,
to be paid unto the ſaid C. D. bis Executors, Adminiſtrators, or Aſſigns, on or
before, &c. next enſuing the Day of the Date hereof; for which Payment, well
and truly to be made, I bind myſelf, my Heirs, Executors, and Adminiſtrators, to
the ſaid C. D. bis Executors, Adminiſtrators, or Aſigns, in the penal Sum of
two hundred Pounds, of like lawful Money, firmly by theſe Preſents. In Witneſs
whereof I have hereunto ſet my Hand and Seal, the, &c. in the Year of, &C.
ſealed, &c.
A fingle Bill for Payment of Money, that is, a Bill without a Penalty.
KN
NOW all Men by theſe Preſents, that I, A. B. of, &c. do owe and an
indebted to C. D. of, &c. the Sum of one hundred Pounds, of lawful Money
of Great-Britain, to be paid to the ſaid Č. D. bis Executors, Adminiſtrators, or
Affigns, on or before, &c. In Witneſs, &c.
PROMISSORY Notes being obligatory like Bonds, &c. I have thought
it proper to inſert them in the ſame Chapter, though they are in many Reſpects
very different; theſe Notes are (like a Bill of Exchange) aſſignable by Indorſe-
ment, and in Caſe a Time of Payment be therein alcertained, they will bear
an Intereſt, provided they are proteſted within three Days after becoming due;
ſo that it is beſt in all Caſes to inſert a certain Time of Payment, except where
the Solvency of the Drawer or Debtor is doubted: The Indorſer becomes equally
liable with the Drawer of theſe Notes; and when once an indorſable one
(that is) payable to Order, is transferred to a third Perſon, it is no longer in
the Power of the Indorſer to acquit or free the Drawer from being liable,
either by Releaſe, or other Inſtrument in Writing, as the Property the In-
dorſer before had in the Note is entirely removed by his Indorſement; in
which it differs from a Bond or Obligatory Bill; for there the Obligee, after
having aſſigned the ſame to a third Perſon, may, by Releaſe or other Speciality,
deſtroy the Validity of the Obligation, and conſequently free the Obligor from
the Burden thereof.
The Form of a Promiſſory Note, commonly called a Note of Hand.
HREE Months after
. Date (or on Demand) I promiſe to pay to Mr. Richard
Thomas, or Order, one hundred and fifty Pounds, for Value received, in
London, the 23d of December, 1781.
£. 150
A. B.
The Indorſement ſhould be the ſame as on a Bill of Exchange; and as there
are ſome Acts of Parliament in Force, which have altered the Quality of theſe
Notes and Inland Bills, from what they were formerly, I ſhall give an Abſtract
of them there, without ſeparating what relates to the one from that concerning
the
5 X
446
OF CONTRACTS, &c.
S. 1.
at
K NOW
S. 3.
the other, as I deem this Method the moſt proper ; more eſpecially as I ſhall
ſoon proceed to treat of Inland Bills.
9 and 10 W All Bills of Exchange drawn in, or dated from any Place in England, &c. of
IICap. 17. the Sum of 51. or upwards, upon any Perſon in London, or any other Place (in
which Bills the Value ſhall be expreſſed to be received) drawn payable at a
certain Number of Days, &c. after the Date thereof, may, after Acceptance
(which ſhall be by Underwriting under the Party's Hand) and the Expiration
of three Days after the ſame ſhall be due, be proteſted by a Notary Publick,
or, in Default of ſuch Notary Publick, by any other fubitantial Perſon of the
Place, before two Witneſſes, Refuſal or Neglect being firſt made of due Pay-
ment; which Proteſt ſhall be made under a Copy of the ſaid Bill, in the Form
following:
NOW all Men, that I A. B. on the
Day of
the uſual Place of Abode of the faid
bave demanded Pay-
ment of the Bill, of which the above is the Copy, which the faid
did not pay; wherefore I, the ſaid
do hereby proteſt the ſaid Bill.
Dated at
this
Day of
Which Proteſt ſhall be notified within fourteen Days after, to the Party from
whom the Bills were received, who (upon producing ſuch Proteſt) is to repay
the ſaid Bill, with Intereſt and Charges from the Proteſting; for which Proteſt
there ſhall not be paid above Six-pence; and in Default of ſuch Proteſt, or due
Notice within the Days limited, the Perſon ſo failing ſhall be liable to all Coſts,
Damages, and Intereſt.
If
any ſuch Inland Bills be loſt or miſcarry within the Time limited for Pay-
ment of the fame, the Drawer of the ſaid Bills ſhall give other Bills of the fame
Tenor, Security being given (if demanded) to indemnify him, in Caſe the ſaid
Bills ſo loſt or miſcarried, be found again.
3 and 4 Ann. All Notes ſigned by any Perſon or Perſons, Body Politick or Corporate, or by
Cap. 9. 8. 1. the Servant or Agent of any Corporation, Banker, Goldſmith, Merchant, or
Trader, who is uſually intruſted by them to ſign ſuch Promiſſory Notes for them,
whereby ſuch Perſons, &c. ſhall promiſe to pay any other Perſon, &c. or Order,
or Bearer, the Money mentioned in ſuch Note, ſhall be conſtrued to be, by
Virtue thereof, due and payable to ſuch Perſon, &c. to whom the ſame is made
payable. And alſo ſuch Note payable to ſuch Perſon, &c. or Order, ſhall be
affignable over in Manner as Inland Bills of Exchange are, by Cuſtom of Mer-
chants; and the Perſon, &c. to whom ſuch Money is payable, may maintain
an Action for the ſame, as they might upon ſuch Bills of Exchange. And the
Perſon, &c. to whom ſuch Note ſo payable to Order is aſſigned or indorſed, may
maintain an Action againſt the Perſon, &c. who figned, or any who indorſed
the ſame, as in Caſes of Inland Bills, and recover Damages and Coſts of Suit;
and in Caſe of Nonſuit, or Verdict againſt the Plaintiff, the Defendant ſhall
recover Coſts.
Such Actions ſhall be brought within the Time appointed for bringing Ac-
tions, per 21 Jac. I. Cap. 16. for 'Limitation of Astions.
No Body Politick ſhall have Power to give out Notes, other than they might
before this Act.
In Caſe the Party on whom an Inland Bill of Exchange ſhall be drawn, ſhall
refuſe to accept the fame, by underwriting the ſame, the Party to whom payable
ſhall cauſe ſuch Bill to be proteſted for Non-acceptance, as in Caſe of Foreign
Bills, for which Proteſt ſhall be paid 25. and no more.
No Acceptance of ſuch Inland Bill ſhall charge any Perſon, unleſs under-
written or indorſed; and if not ſo underwritten or indorſed, no Drawer to pay
Coſts, Damages, or Intereſt, unleſs Proteſt be made for Non-acceptance, and,
within fourteen Days after Proteſt, the ſame be ſent, or Notice thereof given,
to the Party from whom ſuch a Bill was received, or left in Writing at his uſual
Place of Abode. And if ſuch a Bill be accepted, and not paid within three
Days after due, no Drawer Thall pay Coſts, Damages, or Intereſt thereon, unleſs
Proteſt

S. 2.
S. 30
S. 4:
S. 5.

OF CONTRACTS, &c.
447
S. 9•
Proteſt be made and ſent, or Notice given as aforeſaid; nevertheleſs the Drawer,
ſhall be liable to Payment of Coſts, Damages, and Intereſt, if any one Proteſt
be made for Non-acceptance or Non-payment, and Notice be ſent, given, or left.
No ſuch Proteſt ſhall be Neceſſary for Non-payment, unleſs the Value be S. 6.
expreſſed in ſuch a Bill to be received, and unleſs the Bill be drawn for 201. or
upwards, and the Proteſt ſhall be made for Non-acceptance by Perſons appointed
per 9 Will
. III. Cap. 17.
If any Perſon accept ſuch Bill of Exchange in Satisfaction of any former Debt, s. 7.
the ſame ſhall be eſteemed a full Payment, if he doth not uſe his Endeavour to get
the ſame accepted and paid, and make his Proteſt for Non-acceptance or Non-
payment.
Nothing herein ſhall diſcharge any Remedy that any Perſon may have againſt s. 8.
the Drawer, Acceptor, or Indorfer of ſuch Bill.
This Act ſhall continue for three Years,
Made perpetual by 7 Ann. Cap. 25:
III. Chap. 51. After reciting, that various Notes, Bills of
Exchange, and Draughts for Money for very ſmall Sums, had for ſome Time
paſt been circulated or negociated in Lieu of Caſh, in England to the great
prejudice of Trade and public Credit; and many of fuch Bills and Draughts
being payable under certain Terms and Reſtrictions, which the poorer Sort of
Manufacturers, Artificers, Labourers, and others could not comply with,
without being ſubject to great Extortion and Abuſe, Enacts-
Sect. 1. That all Notes, Bills, Draughts, or Undertakings being nego-
tiable for Payment of any Money, leſs than 20 Shillings, ſhall be void.
If any Perſon, by any Means whatever, publiſh or negociate any
ſuch Notes, &c. or on which leſs than 2os. ſhall be due, he ſhall pay 201.
or not leſs than 57.
STAT. 17 Geo. III. Chap. 30. After reciting the above Act of 15 Geo. III.
Chap. 51. and that the ſame had been attended with very falutary Effects;
and that in Cafe the Proviſions thereof were extended to a farther Sum, the
good Purpoſes of it would be further advanced, Enatts-
Sect. 1.
That all Notes, &c. negotiable for 20s. or above, and leſs than
51. that ſhall remain undiſcharged, and made within England, after i Jan.
1778, Thail ſpecify the Names and Places of Abode of the reſpective Perſons,
to whom, or to whoſe Order, the fame ſhall be made payable, and ſhall be
dated before or when drawn, and not on any ſubſequent Day, and be payable
within 21 Days after their Date, and not negotiable after the Time of Pay-
ment; and every Indorſement ſhall be before Time of Payment, and be dated
at or not before the Time of making thereof; and ſhall ſpecify the Name and
Place of abode of the Perſon to whom, or to whoſe Order, the Money is to
be paid; and that the ſigning of every ſuch Note, &c. and Indorſement ſhall
be atteſted by a Witneſs, and drawn as follows :
Leeds, 20 Nov. 1777.
Twenty Days after Date, I promiſe to pay James Hatley, of Fleet-Street,
London, Hoſier, or his Order, the Sum of Four Pounds Ten Shillings, for
Value received by
Charles Jebb
£4 10 .
Witneſs
Richard Bunn.


Sect. 2.



And the Indorſement Toties Quoties.
Norwich, 31 May, 1778.
Twenty-one Days after Date, pay to John Trott, of Fetter-Lane, London,
or his Order, the sum of Two Pounds and Two Shillings, Value received, as
adviſed by
William Holt,
TO Matthew Wilks, of Shoreditch, in the County of Middleſex
Witneſs
Mary Munt.
And the Indorſement Toties Quoties.
Pay
3
#48
OF BILLS OF EXCHANGE, &c.
,
15 March, 1777;
Pay the Contents to Benjamin Hopkins, of Guildhall, London, or his Order.
Witneſs
Yohn Trott.
Chriſtopher Cowper.
And that all Notes, &c. as before, or in which 20s. or above, and leſs
than 51. ſhall be undiſcharged, and iſſued within England, at the Time afore-
ſaid, in any other Manner, and alſo every Indorſement ſhall be void.
Sect. 2. Publiſhing or negotiating in England, any Note, &c. of or under
the above Value, made in any other Manner than hereby permitted ; and alſo
negotiating ſuch laſt mentioned Note, &c. after the Time aforeſaid, is prohi-
bited under the like Penalties and Forfeitures, and to be recovered and applied
as by 15 Geo. III. Chap. 51. Sect. 3, &c. is directed *.
Séct. 2. That all Notes, &c. iſſued before 1 Jan. 1778, to be payable
within on Demand ; and recoverable as directed by
e as directed
by Act with Reſpect
15 Geo. III. are to be in Force in England as to Notes, &c. iſſued after 1 Jan.
1778, and previous thereto.
Sect. 3. Both Acts are to continue not only for the Reſidue of five Years,
in the former Act, but alſo for the further Term of five Years.
Of Bills of Exchange, and about the croſs ones of
Europe, known to Foreigners under the Denomination
of Arbitrations of Exchange.
T
HE original Traffick of Mankind, by Way of Barter, becoming trouble-
continuing their Commerce; and nothing being found ſo commodious a Medium
as Money, this was many Ages ſince adapted to carry on their Commercial
Tranſactions, firſt by the Hebrews, then by the Romans, and ſince continued
and improved by almoſt every civilized Nation; and for the ſtill greater Con-
veniency of foreign Trade, they made Coins of the moſt valuable Metals, that
might anſwer the Intention of an eaſy Carriage, by being leſs bulky and heavy
than bafer ones; and this Method being generally approved of and practiſed
by moſt trading People, they by Degrees fell into an Improvement even of this,
and ſubſtituted Remittances and Exchanges by Bills, to ſave the Expence,
Riſque, and Trouble, which the Tranſport of Money from one Kingdom to
another occaſioned. The Jews, baniſhed France in the Reigns of Philip Auguſt
and Philip de Long, are ſuppoſed by ſome to have been the original Inventors
of it: whilſt others, with greater Appearance of Probability, aſſign the Con-
trivance to the Gibelins, on their being expelled Italy by the Faction of the
Guelphs; though the Motives given for both are the ſame, viz. their Endea-
vours to withdraw their abſconded Effects with the Secrecy neceſſary to prevent
their Confiſcation ; and to this purpoſe they gave Bills on their private Friends
to foreign Merchants for the Sums agreed on, and theſe were regulated by the
different Value of the Coins exchanged; and as many of theſe Bills came
back unpaid, it gave birth to the Charge of Re-exchange, firſt begun by the
aforeſaid Lombards, and theſe, after different Modifications, fixed it into a
Branch of Buſineſs: They retired, on their firſt Expulſion from Italy, to Lyons in
France, and from thence ſpread themſelves into many other trading Cities of
that, and other Kingdoms of Europe; and there is ſtill a Street in Paris bearing
their Name, from its having been a Quarter where the greateſt Part of them
reſided, for carrying on their Banking Buſineſs; and it is owing to the fame Rea-
- ſon, and to perpetuate the Memory of the great Buſineſs exerciſed there by theſe
People,
* Which is by fummary Proceedings before a Juſtice of Peace.


ÖF BIL I S O F E X C H A N G Ê, &c
449
People, and by them taught the Dutch, that the place where the Exchange ſtands
at Amſterdam was at firſt, and ſtill continues to be called after them (as does a
Street in London from the ſame Motive) ſo that it was theſe People who
firſt ſowed the Seeds of theſe Negociations in the Minds of the Belgick Mer-
chants, who duly cultivated and ſpread them all over Europe for the eaſier con-
ducting mercantile Affairs, and at the ſame Time to prevent the Exportation of
their current Coin in Lieu of theſe Paper ones; if I may fo term them; and
this was found ſo beneficial and advantageous to trading Kingdoms, as to merit
and engage the Protection of ſeveral Princes for its Encouragement and Increaſe;
among which ſome of our former Kings made ſeveral Regulations concerning it;
Edward III. cauſed certain Tables to be ſet up at Dover and other Parts of the
Realm, declaring the Value of the ſundry Species of Coins current in the Coun-
tries trading with his Subjects, and the Allowance Merchants were to give to be
accommodated with Remittances; as may be ſeen in the many good Laws of
his Reign. Theſe Tables and Exchanges were ſubject to the Direction of the
King's Mint-Maſter, who made them Par pro Pari, or Value for Value, with
a reaſonable Allowance to thoſe who were appointed to interfere as Exchangers,
for their Trouble; and many Acts have been paſſed ſince by ſucceeding Princes
concerning them.
But as Commerce varied, ſo did Exchanges too, though they were generally
reduced to four, viz. Cambio Commune, Cambio Real, Cambio Sicco, and Cambio
Fictitio.
Cambio Commune, in England, was that which was conſtituted by the ſeveral
Kings, who having received Monies in England, would remit by Exchange the
like Sums to be paid in another Kingdom, according to the Regulation of the
above-mentioned Tables:
Cambio Real, was when Monies were paid to the Exchanger, and Bills were
drawn without naming the Species, but according to the Value of the ſeveral
Coins, and indeed was no more than the Payment of Money in England with
a Proviſo to be repaid the juſt Value in Specie in another Country, according
to the Price agreed on between the Exchanger and Deliverer, to allow or pay
for the Exchange of the Money and the Loſs of Time.
Cambio Sicco, or dry Exchange, is when a Merchant hath Occaſion for gool.
for a certain Time, and would willingly pay Intereſt for the ſame, but the uſurious
Lender being deſirous to take more than the Statute allows, and yet willing to
avoid its Penalty, offers the gool. by Exchange for Cadiz, whereunto the Mer-
chant agrees; but having no Correſpondence there, the Lender deſires him to
draw his Bill on the ſaid Place, payable at double or treble Uſance, by any feigned
Perſon, as the Exchange ſhall then govern, with which the Merchant complies į
and on Receipt of the Bill, the Banker pays the money, and remits the Bill to
fome Friend of his at Cadiz to procure a Proteſt there for Non-acceptance, the
Charge of which, with the Exchange and Intereſt, the Merchant iš to pay his
Creditor; and theſe Expences formerly were very conſiderable.
Cambio Fictitio, is when a Merchant hath Occaſion for Goods, but cannot well
ſpare Money for their Payment; and the Owner of them, to ſecure his Advan-
tage, and avoid the Penalty of the Law, acts as the Uſurer in the former Cafe,
and obliges the Buyer to defray the Expences of Re-exchange, &c.
Theſe two laſt methods of raiſing Money for the Neceflitous were prohibited
by an Act of Parliament in the 3d and 4th of Henry VII. but on Account of the
baſe Monies coined by Henry VIII. at the Siege of Bologne, Exchanges were diſ-
continued, and the aforeſaid Preſſures and Abuſes became again current in the
Reign of Edward VI. which occafioned all Exchanges to be prohibited for a ſhort
Time, but this being found of great Inconvenience and Détriment to Trade, it
was again reſtored; though almoſt quite neglected, and the illegal Part of it con-
nived at in the ſucceeding Reign of Queen Mary.
The juſt and true Exchange for Monies that is at this Day uſed both in Eng-
land and other Countries (by Bills) is Par pro Pari, or Value for Value ; ſo as
the Engliſh Exchange, being grounded on the weight and Fineneſs of our own
Money, and the Weight and Fineneſs of thoſe of each other Country, according
1
4

5 Y
to
450
OF BILLS OF EXCHANGE, &c.
Robert's
to their ſeveral Standards, proportionable in their Valuation, which being truly
and juſtly made, aſcertains and reduces the Price of Exchangeto a Sum certain
for the Exchange of Monies to any Nation or Country whatſoever.
As Money is the common Meaſure of Things between Man and Man within
the Realm, fo is Exchange between Merchant and Merchant within and without
the Realm, the which is properly made by Bills when Money is delivered ſimply
in England, and Bills received for the Repayment of the fame in ſome
other Country either within or without the Realm, at a Price certain, and agreed
upon between the 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 are called imaginary.
Having thus far premiſed and ſhewn the Original and Nature of Exchanges,
I ſhall deſcend to Particulars, and endeavour, in the cleareſt Manner I can, to
inform my Reader of every Circumſtance neceſſary to be known in the Circula-
tion of Bills; and of all Steps to be taken towards their Recovery, their Form, cur-
rent Courſes, and Laws about them, both here and in every other Part of Europe;
that this nice Branch of Commerce may be rendered more intelligible, and be
better underſtood than it commonly is, or can be, except duly explained : As
Cuſtoms in their Formation, Times of running, and falling due, Days of Grace,
&c. are almoſt as various as every one European Nation is from another; and as
I conſider this to be the moſt intricate Part of mercantile Literature, I ſhall be
as extenſive in my Sentiments and Quotations about it as the Nature of the
Thing requires, without fearing the Cenſure of my Readers for Prolixity, which
however I ſhall endeavour to avoid meriting, and be as conciſe as my Capacity
will permit, without curtailing what is neceſſary to be ſaid on ſo important a
Subject.
A Bill of Exchange is commonly drawn on a ſmall piece of paper, and
Merchant's compriſed in two or three Lines, being fo noble and excellent, that though it
Mapof Com. cannot properly (as is conceived) be called a Speciality, becauſe it wanteth thoſe
Marius's Ad. Formalities, which by the common Law of England are thereunto required,
vice, Pag. 3. as Seal, Delivery, and Witneſſes; yet it is equivalent thereunto, if not beyond
or exceeding any Speciality or Bond in its Punctuality and preciſe Payment;
for if once accepted, it muſt be paid when due, otherwiſe the Acceptor loſes
his Credit. todisco
There are ordinarily four Perſons requiſite in making an Exchange (beſides
the Broker) viz. two at the Place where the Money is taken up, and two where
it is payable; as ift, the Deliverer, Giver, Remitter, or Negociator, being the
Perſon who delivers the Money—adly, 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 Acceptant-4thly, the
Perſon to whom the Bill is made payable, and is to receive it, called the Poleflor
or Holder of it.
But ſometiines only three are concerned in an Exchange, viz. the Drawer,
the Deliverer (who has the Bill made payable to himſelf or Order, and Value
of him) and the Party that is to pay it, the Deliverer carrying it himſelf and
receiving it.
Ditto, P. 4.
There is likewiſe another Way, wherein only three are neceſſary, as iſt, the
Drawer, 2dly, the Party on whom it is drawn, and 3dly, he to whom it is
payable; for the Drawer having Money in his Hands belonging to the Perſon in
whoſe Favour the Bill is drawn, confefſes Value received in his own Hands,
and charges it to his Friend or Factor, payable to his Creditor.
And there is yet one way more wherein Monies may be remitted only
with the Intervention of three Perſons, iſt, the Taker, 2dly, the Deliverer,
and 3dly, the Party to whɔm payable, as thus : If I was at Exon, and in-
tended for 'London, I would take up Money there, and give Bills of Exchange
for the ſame, drawn on myſelf, payable to whom the Deliverer ſhould appoint
in Town.
Money may likewiſe be exchanged between two Perſons only, viz. the Drawer
and he on whom it is drawn ; the Drawer making a Bill of Exchange payable
and 5

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451
to himſelf or Order for Value in himſelf, ſubſcribes the Bill, and directs
it to the Party that owes him Money, and is to pay it by Exchange ; by which
Bill (when he on whom it is drawn hath accepted it) he becometh Debtor to
the Drawer, and this latter, before the Bill falls due, doth negociate it with
another Man, and by this Means draws the Money in at the Place of his Re-
ſidence, and makes only an Aſſignment on the Bill, payable to him of whom
he hath received the Value.
All theſe Methods of Exchanges are termed real Exchange, and ſome or all
of them will naturally occur to a Man in Buſineſs; therefore the better to
conduct my Reader to a perfect Underſtanding of them, he ought to be ac-
quainted, that as the Monies and Species of almoſt every Nation differ, not
only in their current Prices, but in their intrinſick Value, there is a juſt and
certain Par eſtabliſhed between them, according to the real and effective Worth
of each Species, without any Regard had to their Currency in the Countries
where they are coined; and the Par is by ſome Authors ſuppoſed to be of
two Sorts, viz. the one of real Monies, and the other of Exchanges, or imagi-
nary Species, though both ſeem to be the ſame Thing, as having a neceſſary
Dependence upon each other.
By the Par of real Monies, is to be underſtood, The Equality of the intrinſick
Value of the real Species of any Country with thoſe of another; and by that of
Exchanges, the Proportion that the imaginary Monies of any country bear to
So that the Riſe and Fall of an Exchange muſt only be at-
tributed to the Current Price of the Coins of any Country, or from an extraor-
dinary Demand in one place for Money in another, or ſometimes it is owing
to both; and I think it may eaſily be proved from the very Etymology of the
Word Exchange, that the Variation of the current Coins or Monies of any
Country in a Manner conſtitutes and gives it Being, at leaſt has a very great In-
Auence on it, as it is only (according to the aforeſaid Definition) a Bartering or
Exchanging the Money of one Kingdom with that of another, which is always
effected by the Intervention of two or three Lines of Writing on a Slip of Paper,
as I have mentioned before; and I ſhall now proceed to thew what the Obligation
of every one is who may be concerned in it.
And' iſt, of the Drawer, who in treating about, or negociating a Bill
of Exchange, muſt have a ſtrict Regard to his Credit, and never give his
Draughts at an Under-Exchange, as this is a certain Indication of his Want
both of Cath and Credit, though without an impeachment of either he may do
his Buſineſs, although ſomething under the very Height of the Courſe, as this
cannot always be obtained by every one; therefore when a Drawer is not
notoriouſly under the Mark, he will tranſact his Affairs with Reputation ; and
if his folé View in drawing proceeds from a Proſpect of Advantage, without
any Mixture of Neceſſity, he may watch his Juncture for ſucceeding in his
Deſigns 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,
without
any other Conditions, they ſhall in this Café be conſtrued to be ſuch as
the Cuſtoms of the Place to which the Bill is directed ordinarily allow of in all
Reſpects.
3. A Drawer ought to obſerve before he ſubſcribes a Bill, and the Remitter
before he ſends it away, that it be well and truly made, with all the neceſſary
Requiſites fully expreſſed in it, which I ſhall here hint for their Governinent';
and iſt, it ought to have its Date rightly and clearly expreſſed—adly, that it
names the Place where it was made and concluded on-3dly, that the Sum be
expreſſed ſo diſtinctly both in Words and Figures, that no Exceptions can be
taken againſt it-4thly, that the Payment thereof be ordered and commanded -
5thly, that the Time of Payment be not dubiouſly expreſſed, nor fooner or
later than has been agreed on—6thly, the Remitter muſt eſpecially obſerve that
the Name of the Perſon to whom Payment is to be made, be well and truly
ſpelled; or if it be made to his Order, that thoſe words be clearly written-7thly
and 8thly, he muſt alſo obſerve if his Name be therein, and the Value of him
be

#52
Ô É BI L LS OF EXCHANGE, c.
P. 22.
Bill be not paid at the Time, and Proteſt made for Non-Payment, and there
be expreſſed—9thly, he muſt obſerve that the Bill be ſubſcribed by the Drawer --
jothly, the Drawer muſt principally look to the Direction of the Bill, that it
be true and directed to the right Perſon-11thly; they muſt both obſerve, that
the Place wherein the Payment muſt be made (and the Coin, or Species wherein
it muſt be paid) be fully expreſſed in the Superſcription or Body of the Bill:
And if a Drawer draws upon one who lives not at the Place where the Bill
is intended to be paid, then the Remitter muſt obſerve, that as well the Place
where the Perſon lives that is to pay, as the place where the Payment muſt be
made, be exprefled.
4. A Drawer acts imprudently when he gives more Bills than one for the
ſame Sum, to the fame Perſon, and under the ſame Date, as this may be an
Occaſion of Miſtakes ; therefore if two Bills for one thouſand Dollars are agreed
for, it is better to make them for unequal Sums, than five hundred each.
5. It is a Cuſtom in England for the Drawer to deliver only the firſt Bill on
the Day of Agreement, and to recover on the 2d and 3d, which are ſent to the
Remitter for Payment before the next Poſt goes out; and a Drawer ſhould
always obſerve to note how many Bills he gives, left by a repeated Loſs he
ſhould be led into an Error through Forgetfulneſs, and give the Duplicate of
one he had given before.
7. Marius,
6. Generally in all Bills of Exchange, the Drawer is bound to the Perſon
from whom the Value is received; as the Acceptor is to him to whom it is
made payable; for although the Drawer and Acceptor are both bound in the
Bill, and both equally liable for the Payment thereof, yet they are not com-
monly both bound to one Man; I ſay 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 ſaid 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 Caſe likewiſe both Drawer
and Acceptor may be ſaid to be bound to the Purchaſer of the Bill; but for the
generality, in Sums remitted and drawn between Merchant and Merchant, it is
otherwiſe, as the Drawer is properly bound to one, and the Acceptor to another,
though both of them are liable till the Bill be ſatisfied; ſo that if the accepted
be Occaſion to commence a Suit in Law againſt the Drawer, it muſt be entered
in the Name of the Party from whom the Value was received ; and in like
Manner, if a Suit be commenced againſt the Acceptor, it muſt be made and
proſecuted in the Name of him to whom the Bill is made payable ; for pro-
bably the Drawer takes no great Notice to whom it is made payable, being
directed therein by the Perſon that takes the Bill ; neither doth he who accepts
the Bill much regard the Purchaſer of it, but only regarding the Party who drew
it (with whom he correſponds) and him to whom it is made payable (to whom
by his Acceptance he binds himſelf for the Payment;) and ſo likewiſe where
there are any Aſſignments on Bills negociated, always the Party that receives the
Value is directly bound to him of whom he hath received it, and the Acceptor
to the laſt aſſigned.
7: If a Merchant after accepting a Bill of Exchange, becomes inſolvent, or
hath done or ſuffered any thing publickly againſt his Credit, in the Interim
before the Bill under his Acceptance falls due, the Holder, on hearing ſuch a
Report, ſhould by a Notary demand of the Acceptor a better Security, and on
not obtaining it, cauſe a Proteſt to be made for Want thereof, and ſend it away
by the very next Poſt, that the Remitter may have an immediate Opportunity
to demand and procure Security from the Drawer; and when the Biil is due,
if it is not paid, another Proteſt muſt be made for Non-payment, and forwarded
as the other; for which Proteſts the Drawer muſt be anſwerable, and pay the
Charge of them jointly with thoſe of Poftage, Re-exchange (if the Money be
redrawn) Commiſſion, and Brokage.
8. When any Proteſt is received either for Want of Acceptance, or better Se-
curity, the Perſon to whom it is fent muſt preſently repair with it to the Drawer
or Indorſer of the Bill, and upon Sight thereof, he muſt give a ſatisfactory
3
Security,



OF BILLS OF EXCHANGE, &t.
453
-
Security, if his own is not ſatisfactory, for Repayment of the Money received,
with Re-exchange and Charges, if it is not paid when due; and it is cuſtomary
in ſuch Caſes to make a Depolit ſuitable to the Value, or to procure ſome Perſon
of unexceptionable Credit to be bound for its punctual Diſcharge.
9. It is cuſtomary; as I have obſerved before, for a Drawer in London to deliver
his firſt Bill to the Perſon agreed with, on the Day of its Negotiation, and to
recover on the ſecond or third Bill, retained till the ſucceeding Poſt, ſo that it
has ſometimes happened through Misfortunes, though oftener with Deſign, that
the Remitter has abſconded or failed before Payment, ſo that the Bill arriving
before the Advice of the Failure or Knavery, is accepted and muſt be paid,
though Equity would certainly give Relief to the Party aggrieved, in Caſe of
Fraud, provided the Deceiver could be found.
10. And if the Acceptor of ſuch a Bill becomes inſolvent, or refuſes to pay it
when due, the Drawer is obliged for its Diſcharge, with Re-exchange; Proviſion,
&c. although he has not received its Value:
11. If a Merchant draws a Bill of Exchange for his own Account, and
remits his Correſpondents others, or Caſh to diſcharge it, or orders him to
revalue for its Amount; and in this laſt Caſe the Redraughts are accepted,
though the Factor becomes inſolvent, or retires with the Money, whilſt the
Bill is running on him, the Merchant ſhall be obliged to pay the Bill returned
proteſted, with all Charges of Re-exchange, &c. by which Means he fur-
niſhes not only theſe, but the Value of the Bill twice, ſo that a more than
common Regard ſhould be had to the Character of the Perſon employed in ſuch
Tranſactions.
12. If a Drawer fails before receiving Value for his Bill given, and the Re-
mitter hath the Bill ſtill in his Hands, he ſhould reſtore it to the Creditors or
Truſtees of the Drawer's Effects; but if they refuſe to admit it, and inſiſt on his
performing his Contract, he is obliged to a Compliance, and muſt demand Ac-
ceptance, and endeavour to procure Payment of the ſame, though not till the
Creditors or Truſtees who urge him thereto have given him ſatisfactory Secu-
rity, for the Payment of Re-exchange and incident Charges, in Caſe this
Negociation ſhould return with Proteſt; and till they do this they cannot
oblige him to pay them the Value of the Bill.
13. When a Bill of Exchange is accepted, and not punctually paid when due,
a Proteſt for Non-payment is ſo far from releaſing the Acceptor (as ſome have
formerly erroneouſly thought) that it expoſes him
to the Payment of more than
he was before liable, as by Acceptance he only obliges himſelf to the Diſcharge
of the Sum mentioned in the Bill, but under Proteſt muſt pay all Coſts, Damages,
Intereſts, &c. and for which he becomes liable to an Action on the Caſe as
ſoon as the Proteſt for Non-payment hath been made, and he may be arreſted
for the ſame accordingly.
14. In Caſe of a Remitter's failing, before he has paid the Value, and the
Perſon to whom the Bill is drawn gets Advice of this Occurrence before
Acceptance, and therefore refuſes to accept it; the Bill, on its returning pro-
teſted, ſhall be paid (notwithſtanding) with all Charges by the Drawer, under
Proof from the Poffeffor, that he negociated the ſaid Bill, and paid a juſt
Value for it: But if the Bill be directly forwarded to the Perſon to whom
it is made payable, and ſent him by the Remitter in Payment of a Debt he
was owing him; then it is dubious whether the Drawer be obliged, as he has
received no Value, nor the Poſſeſſor in any other Shape made the ſame good.
And though the Drawer in ſuch a Caſe is obliged to pay extra of what the
Remitter owes him for the Value, the Re-exchange and Charges, yet the ſaid
Remitter ſtands indebted for no more than the bare Import of the Bill, nor can
any Thing more be recovered of him.
15. When a Drawer acts ſimply for another’s Account without engaging
as Surety for the Negociation, if the Value by any Caſuality is not received,
the Loſs will fall on him for whoſe Account the Bills were given, unleſs the
Drawer give the Remitter a Time for Payment, without adviſing his Principal
thereof, or that he has neglected to Demand the Money in the cuſtomary Time,
5 2
or
454
OF BILLS OF EXCHANGE, &C.
ot
or that the Remitter was at the Time of tranſacting the Affair known to be in-
ſolvent, or apparently declining in his Circumſtances; in any of which (or fimilar).
Caſes, the Drawer ſhall ſuffer the Loſs (whether he received any Benefit or
thereby) as it was occaſioned by his crediting the Remitter.
16. If, through the Negligence of a Negociator or Poffeſſor of a Bill, the
demanding Acceptance has been omitted or poſtponed till the Drawer has
failed, and the Perſon it is drawn on, being ignorant of what has happened,
accepts the ſame when preſented, his Acceptance ſhall oblige him to the Pay-
ment, though procured after the Drawer’s Inſolvency; but if the Remitter or
Poffeffor hath neglected to demand Acceptance, before the Drawer's Failure,
and the Perſon to whom it is directed has Advice thereof, he cannot be com-
pelled to accept the Draught, though previous to the Knowledge of the Drawer's
Misfortunes he had acquainted him with his Intention to honour his Bill,
and even afterwards confeſſes that he ſhould have done it, had it been preſented,
and the Acceptance demanded, before the Advice of the Drawer's Failure reached
him.
17. It is cuſtomary in London) for the poſſeſſor of a Bill to ſend it (on
Receipt) to the Merchant's Houſe, on whom it is drawn, for Acceptance, and
leave it there (if deſired) till the next Day, except the Poſt goes out the ſame
Day it is received (which often happens from the unavoidable Irregularity of
its Arrival) in which Caſe it ihould be accepted, or proteſted. And in Cafe
a Bill ſo left ſhould happen to be loſt, or miſlaid, either by the Perſon on
whom it is drawn, or by any of his Servants to whom it was delivered, ſo
that it cannot be returned to him who left it, neither accepted nor unaccepted,
in this Caſe he who loſt the Bill (if he intended to accept, or if he had accepted
it) ſhould give a Note under his Hand and Seal for the Payment of the Sum
mentioned, and to the Party directed in the Bill, at the Time limited, or to his
Order, upon Delivery of the Second, if it come in Time, or if not, upon that
Note, which is in all Reſpects and Caſes to have the Law Privilege of a Bill
of Exchange, as it is but juſt and reaſonable that he who hath loſt another's
Specialty, ſhould make it good by ſome Means equivalent thereto; and in Caſe
of the ſaid Note being refuſed, Proteſt ſhould be immediately made for Non-
acceptance, and forwarded to the Remitter, as that for Non-payment ſhould
be (though there is neither Bill nor Note to demand it on) if the Contents of
the loſt Bill are not ſatisfied at the Time limited for payment.
18. When any Perſon has Bills ſent him to procure their Acceptance, with
Directions to return them or hold them at the Orders of the Seconds, &c.
and the Perſon to whom they are ſo ſent either forgets or neglects to demand
Acceptance, or if he ſuffers the Party on whom they are drawn to delay their
Acceptance, and the Drawers in the Interim fail, he is certainly very blame-
worthy for his Careleſſneſs and Diſregard of complying with his Obligation,
though this will not ſubject him to a Payment of their Value; but if he ſhould
be urged and preſſed to procure Acceptance and Payment to a Bill ſent him, and
ſhould protract or refer the getting it done, and the Acceptant, being ignorant
of the Drawer's Circumſtances, declares he would have accepted it, had it been
timely preſented, the Perſon guilty of this Neglect will be obliged to make good
the Lofs, that has happened to his Correſpondent, purely through his Omillion
and Careleſſneſs.
19. If an Acceptor has heard that a Drawer is failed, he ought not to accept
any of his Draughts afterwards, although he may (whilft ignorant of the Drawer's
Circumſtances) have promiſed Honour to his Bills, as his ſo doing may either
prejudice himſelf, or a third Perſon, which he ſhould carefully avoid, and not
engage his Firm without a ſufficient Security againſt all Claims and De-
mands, that may be made either by the Drawer himſelf, or any other in his
Right.
20. And the Reaſons are equally good againſt accepting any Bill from a Bank-
rupt Drawer, though it ſhould bear Date before the Time of his Failure, and
equal therein with the Letter of Advice, as fraudulent Dealings are always to be
feared in ſuch Caſes, and conſequently to be guarded againſt; beſides it is not
ſafe
OF BILLS OF EXCHAN G E, &c.
455
ſafe to accept a Bill under theſe Circumſtances, I mean in Point of Law; there-
fore every prudent Man will be cautious to ſecure himſelf.
21. If any one be drawn upon, on the Account of a third Perſon, and before
accepting has Advice of the Drawer's Failing, he ought not to accept the
Draught, though he has promiſed the Drawer he would, as his Acceptance
may
be prejudicial to him ; for if he has not Effects in his Hands, the Perſon
for whoſe Account it is drawn, will naturally and reaſonably ſcruple the
fatisfying the Value, or if he ſhould, it will be a Detriment and Loſs to him,
if the other has not a Sufficiency in Hand to anſwer the Bills. And he ought
more eſpecially to refuſe Acceptance to any Bills of a Drawer who has failed,
if the Perſon, for whoſe Account the ſame is drawn, adviſes of the Drawer's
Inſolvency, or on Suſpicion of its Approach hath forbidden the Acceptant to
accept any of the Drawer's Bills for his Account, although he may have directed
the Acceptance of them before.
22. When any Drawer fails, the Acceptor is not obliged to give better Se-
curity for Payment, but the Poffeffor muſt have Patience till the Bill falls
due, before he has any Demand on the Acceptor ; but then the Acceptor is
obliged to pay, though he accepted for the Drawer's Account, and without any
Effects in Hand.
23. But if an Acceptor (on a Drawer's 'being failed) denies Payment of a
Bill, the Holder is not obliged to return it with Proteſt to the Place from whence
it was drawn, as it is apparent that the Re-exchanges and Charges are not re-
coverable from the Drawer, who muſt therefore, after Proteſts made, be pro-
ceeded againſt without Delay by Attachment, &c.
24. If an Acceptant fails, or abſents himſelf, the Poſſeſſor is obliged, as foon
as he has Notice of the Truth thereof, to get a Proteſt made by a Notary
Publick in due Time, and to ſend the ſame, with the Bill, to the Remitter,
that he may procure Satisfaction from the Drawer ; and Advice ſhould not only
be immediately given to him, but even to the laſt Indorſer, that every one con-
cerned may be acquainted with the Occurrence, and the Drawer thereby im-
powered to order ſome other to pay his Bill if he pleaſes, and thereby prevent the
Loſs which Re-exchanges bring with them.
25. If the Holder of a Bill, either through Negligence, Ignorance of the Cuf-
tom, or of the Acceptor's Failure, or that becauſe thé Bill did not come to Hand
till after it was due, or from any other Cauſe or Motive, did not, or could
not, have it proteſted by a Notary Publick, nor ſend it away either before or after
it was due, till probably on the laſt Reſpite Day; yet this Negligence or Ignorance
doth not hinder the Poffeffor's having Redreſs on the Drawer and Indorfer,
although the Acceptant failed before it came due.
26. When an Acceptor fails before the Day of Payment, and the Bill is made
payable to Order, the Poffeffor thould, as ſoon as poſſible, get a Proteſt made,
and ſent to the firſt Remitter, though he muſt retain the Bill till it falls due, that
in Caſe the Drawer ſhould think proper to order the Payment of his Bill by any
other, the Poffeffor may be ready to receive it.
27. If, when an Acceptor has failed, any other offers to accept and pay the
Bill for the Honour of the Drawer or of any Indorſer, the Poſſeſſor is not obliged
to admit the Offer, if he has any Reaſon to ſuſpect the Circumſtances of the
Perſon who makes it; but if he has not, or if the ſaid Perſon will give ſuf-
ficient Security for his Compliance, the Holder cannot refuſe it.
28. Though it ſhould be remembered that it is not ſafe to accept a Bill, whoſe
firſt Acceptor has failed, but under Proteſt declarative of the Motives to it, which
Proteſt ſhould be immediately ſent to the Drawer, or to him for whoſe Ac-
count it is accepted, with the Notary's Atteſtation of its being accepted for
his Honour.
29. Though the Failure of an Acceptor be certainly known, and even acknow-
ledged by the Drawer himſelf, yet this latter is not obliged to give any Satiſ-
faction or Security to the Remitter till he produces the Proteſt ; but if this is
ſent without the Bills, or the Bills without that, or both Bills and Proteſt are
returned together, and theſe or either of them ſhewn to the Drawer, he is
obliged
I
456
OF BILLS OF EXCHANGE, &c.
obliged to give immediate Satisfaction, or Caution for the Payment of Re-
exchange and Charges; though it would be imprudent in a Drawer to make
Reſtitution of the Value received, or of the Re-exchange and Charges, only upon
producing a Proteſt for the Acceptant's Inſolvency; but upon producing this,
and a Requiſition thereto, he ſhould give Security for the Payment thereof, at
the Place where it is made payable, provided it can be done in Time; if not, for
the Re-exchange, when the Bill that was accepted by the inſolvent Perſon ſhall
be produced ; and till the ſaid Bill be produced, he need not reſtore nor repay
any Thing, without ſufficient Security to deliver the Bill, and a full Diſcharge
from all future Demands; and to make Reſtitution thereof with Intereſt, in
Caſe the faid Bill be paid to any Perſon (ſupra Proteſt). But if there is not
Time enough to order the Bill's Diſcharge at the Place it was drawn on, the
Drawer muſt give the Remitter Security to pay it at that it was drawn from, as
ſoon as it becomes due.
30. The Drawer or Indorſer is as much obliged to the Poffeffor of a Bill, pro-
teſted for an Acceptor's Inſolvency, as they would be if the Bill was proteſted
for Non-acceptance.
31. When a Perſon is drawn upon and remitted to, in Bilts payable to him-
ſelf, and hath adviſed that he has accepted the Draught, if he fails before the
Bills become due, the Loſs muſt fall upon the Drawer, or upon him for whoſe
Account he drew, and he will be obliged to make good the Re-exchange and
Charges, though it be not proteſted in due Form and Courſe; but if he fails on
the Day of Payment, or after, then the Bill is confidered as paid, and the Loſs
inuſt be borne by him for whoſe Account it was drawn, though it ſhould be
proteſted within the Days of Reſpite.
32. When a Bill is drawn for the Account of a third Perſon, and is accepted
according to its Tenor for his Account, and he fails without making Proviſion for
its Payment, the Acceptor is obliged to diſcharge his accepted Draught, without
having any Redreſs againſt the Drawer.
33. If a Perſon on whom a Bill is drawn ſcruples the accepting of it for the
Account of him it is adviſed to be drawn for, or if through Want of Advice he
is ignorant for whoſe Account it is drawn, he may accept the fame (ſupra Proteſt)
if he pleaſes, for the Account and Honour of the Drawer.
34. When a Bill is made payable to Order, and indorſed by a ſubſtantial Man,
before Acceptance be demanded, and the Acceptor ſcruples to accept it for Ac-
count of the Drawer, or for the Account of him it is drawn for, he may (if he
thinks proper) do it fupra Proteſt, for the Honour of the Indorſer; and in this
Caſe, he muſt firſt have a formal Proteſt made for Non-acceptance, and ſhould
ſend it without Delay to the ſaid Indorſer, for whoſe Honour and Account he
hath accepted the Bill,
35. An Acceptance, ſupra Proteſt, obliges the Acceptor as abſolutely to the
Payment, as if no Proteſt had intervened; it being indifferent to the Poſſeſſor of
a Bill for whoſe Account the fame is accepted, and he hath his Redreſs and
Remedy as ſufficiently as ever againſt all the Indorſers and Drawers, if the
Payment be not punctually made by the Acceptor at the Time of its fall-
ing due.
36. The Poffeſſor of a Bill muſt be ſatisfied and content with an Acceptance
fupra Proteſt, if offered by a reſponſible Perſon (as it is of no Importance to
him whether it is accepted ſimply or under a Proteſt, as the Acceptor pays thg
Charges) except he had orders from the Remitter, not to admit of ſuch an
Acceptance, in which Caſe he ſhould and ought to proteſt, if a ſimple Ac-
37. When a Bill is accepted, fupra Proteſt, and the Holder is not ſatisfied
therewith, but by the Notary Publick and Witneſſes demands a ſimple Ac-
ceptance, and, upon Refuſal, makes a Proteſt; the Acceptor (if he continues
reſolved not to accept ſimply and freely) ſhould renounce the Acceptance he had
nade, and inſiſt that it be ſo inſerted in the Proteſt, and be conſidered as null
and void, as if it had never been done, otherwiſe he will act imprudently, and
ceptance is refuſed.
may ſuffer for it.
38. Neia
OF BILLS OF EX C H A N G E, &c.
457
-
38. Neither the Poffeſſor of a Bill, nor he that may demand Acceptance, nor
any third Perſon whatſoever, may accept a Bill of Exchange previous to a
Refuſal from him it is drawn on, or that he cannot be found, and hath left
no Order for the Acceptance; in any of which Caſes, either the Poffeffor him-
ſelf, or any other, may accept it (under Proteſt) after cauſing it to be proteſted
for Non-acceptance; and the Method of accepting fupra Proteſt is as follows,
viz. the Acceptor muſt perſonally appear before a Notary Publick with Wit-
neſſes (whether the ſame that proteſted the Bill or not is of no Importance)
and declare that he doth accept ſuch proteſted Bill in Honour of the Drawer,
or Indorfer, &c. and that he will ſatisfy the fame at the appointed Time; and
then he muſt ſubſcribe the Bill with his own Hand, thus, Accepted ſupra Proteft,
in Honour of I. B. &c.
39. An Acceptance, fupra Proteſt, may be fo worded, that though it be in-
tended for the Honour of the Drawer, yet it may equally oblige the Indorſer, and
in ſuch Caſe it muſt be ſent to the latter ; but ſuch an Acceptance tends rather
to the Diſcredit than Honour of the Drawer.
40. When the Poſſeſſor of a Bill hath admitted of a third Perſon's Acceptance,
fupra Proteſt, in Honour of the Drawer, then the Drawer is freed from any
Obligation to give a further Satisfaction to the Remitter; but if the Acceptance
be made in Honour of the Indorſer only, the Bill is as abſolutely proteſted in
Reſpect to the Drawer, and he is as much obliged to give Satisfaction, either to
the Indorſer (for whoſe Honour it was accepted) or to the Remitter, as if the
Acceptance (under Proteſt) had never been made.
41. If a Bill be proteſted for Non-acceptance, and after being accepted
(fupra Proteſt) by a third Perſon, the intended Acceptant (on receiving freſh
Advices and Orders) determines to accept and pay it; the Acceptor (under
Proteſt) may ſuffer it, though the Poſſeffor cannot be obliged to free him from
his Acceptance ; and in Caſe the two Acceptors agreed, he that was originally
deſigned ſuch, is obliged to pay him who has accepted fupra Proteſt, his Com-
miſſion, Charges, &c. as it was by his Acceptance that the Bill was prevented
from being returned proteſted.
42. Any Man that will, may (ſupra Proteſt) accept a proteſted Bill for the
Honour of the Drawer, or any particular Drawer that was before accepted
(ſupra Proteſt) in Honour alſo of ſome one particular but later Indorſer, and the
firft Acceptor is obliged to allow of the ſame, and yet remain obliged for his firſt
Acceptance; but the laſt Acceptor is obliged to pay and allow Proviſion and
Charges to the firſt, for the Reaſons aſſigned in the preceding Caſe.
43. He that accepts a Bill ſupra Proteſt, puts himſelf abſolutely in the ſtead
of the firſt deſigned Acceptor, and is obliged to make the Payment without
any Exception; and the Poffeffor hath the ſame Right and Law againſt ſuch
an Acceptor, as he would have had againſt the firſt intended one, if he had
accepted.
44. When any one accepts a Bill fupra Proteſt, he may lawfully demand a
Recompence for the Credit given him, for whoſe Honour he accepted it, at
leaſt his Commiſſion, Poſtage, and other Charges ; and in Cafe he ſhould be
forced to take his Reimburſement by Redraughts on the Perſons for whoſe
Account he accepted and pays, his Bill ought to meet with a juſt and ready
Compliance, beſides a grateful Acknowledgement of the Favour.
45.
No one ſhould accept a Bill under Proteſt for the Drawer's Honour, till
he has firſt learned the Reaſons from the intended Acceptor, for his ſuffering it
to be proteſted; but if the Acceptance be in Honour of an Indorſer, ſuch an
DO
Enquiry is needleſs.
46. Though the Drawer of a Bill, under Proteſt for Non-acceptance, and
his Hand-Writing, be ever ſo well known, yet every one ſhould be cautious
in accepting it fupra Proteſt for his Honour, provided the Perſon for whoſe
Account it was drawn, be unknown, and cannot be found.
47. Any one accepting a Bill fupra Proteſt, either for the Honour of the
Drawer or an Indorfer, though it be done without their Orders, or Knowledge,
yet hath his Redreſs and Remedy on the Perſon for whoſe Honour he ac-
6 A
cepted



458
, OF BILLS OF EXCHANGE,
&c.
cepted it, who is obliged to indemnify him, as if he had acted entirely by his
Directions.
48. If the Acceptor of a Bill, under Proteſt, for the Honour of a Drawer
or İndorfer, receive his Approbation of the Acceptance made, the Acceptor
may freely pay the Bill, without any Proteſt for Non-payment; but if the
Perfon, for whoſe Honour the Bill was accepted, returns no Anſwer to the
Advice, or replies with a Diſapproval thereof, unthankfully remarking that it
was done without Orders; in this Caſe the Acceptor, fupra Proteſt, muſt cauſe
a formal one to be drawn up for Non-payment, againſt him to whom the Bill
was directed, and on his continuing to refuſe Payment, and he that has ac-
cepted it, is obliged to do it for him ; he ſhould engage the Poffeſſor to transfer
all his Action, Right, and Law of the Bill to him ; for though this is not
abſolutely neceffary, yet it will corroborate his Demands when he comes to have
recourſe againſt the Perſon for whoſe Honour he accepted it (whether Drawer
or Indorſer) or any of the former Indorſers.
49. He that accepts a Bill in Honour of the Drawer, hath no Remedy
againſt any of the Indorſers, becauſe he obligeth himſelf only for the Drawer;
and he that accepts for the Honour of an Indorſer, can have no Advantage
from any one, ſubſequent to him for whoſe Honour he accepted; but he and all
that were before him (the Drawer included) are obliged to make the Acceptor
Satisfaction.
50. When a Bill is proteſted for Non-payment, any Man may pay the ſame
(under Proteſt) for the Drawer's or Indorſer's Honour, even he that made, or he
that ſuffered the Proteſt.
51. A Man, after having freely and willingly accepted a Bill, cannot ſatisfy
the ſame under Proteſt, in Honour of an Indorſer, becauſe he, as Acceptor,
is already obliged to him; but an intended Acceptor, not having yet accepted
the Bills, may diſcharge them for the Honour of the Indorſer or
Drawer, as if
he was a third Perſon unconcerned.
52. When a Perſon has Bills paſſed on him of the Drawer's Account, who,
having made no Proviſion for the Payment thereof, gives the Acceptor Room
to fear he ſhall have ſome Difficulty in obtaining a Reimburſement; in ſuch
Cafe, this latter may ſuffer them to be proteſted when due, and afterwards
either pay them himſelf, or ſome other for him, under Proteſt, cauſing the
Right and Title to be transferred to him, to enable him to proſecute the Drawer
in Caſe of Need, or by this Means the more eaſily to prevail on him to refund
the Value he received, when probably it would be difficult to perſuade him to
reimburſe what the Acceptor has paid for him.
53. No Man muſt pay a Bill under Proteſt for Non-payment, till he has de-
clared before a Notary Publick, for whoſe Honour he diſcharges it, whereof
the Notary muſt give an Account to the Parties concerned, either jointly with
the Proteſt, or in a ſeparate Inſtrument or Act.
54 He that pays a Bill ſupra Proteſt, immediately ſucceeds the Poffeffor
in the Right and Title thereof, though there be no formal Transfer made,
nor no Ceſo Ationis from the Holder to the Payer; yet to prevent all Dif-
putes, it may be more adviſable, eſpecially in ſome Cafes, to have this Ceffion
made in Form, and to this the Poſſeſſor is obliged whenever it is demanded of
him.
55. The Poffeffor of a Bill, proteſted for Non-payment, is not obliged to
admit of its Diſcharge from a third Perſon (ſupra Proteſt) either in Honour of
the Drawer or any Indorſer, unleſs he declare and prove that the Honour of that
Bill was particularly recommended to him ; in which Caſe the Holder is abſo-
lutely obliged to admit the Payment from him, as if the intended Acceptor
had diſcharged it.
56. But if the proteſted Bill be indorſed by the Poffeffor's Correſpondent, and
was remitted by him, then the Poffeffor, if he acts circumſpectly, will not
admit of any Payment in Honour of the Indorſements, but under the expreſs
Condition that the Payer ſhall have no Redreſs or Remedy againſt the ſaid Cor-
reſpondent.


he Payer hall have no Redreis
57. He
OF BILLS OF EXCHANGE, &c.
459
111, as he is obliged for its Diſcharge,
57. He that diſcharges a Bill proteſted for Non-payment, in Honour of the
Drawer, hath no Remedy againſt the Indorſers ; though he that honours a Bill
(proteſted for Non-payment) for an Indorſer, hath his Remedy not only againſt
the faid Indorſer, but againſt all that were before him (including the Drawer)
though he hath no Action, Law, or Right againſt the Indorſers that follow him,
for whoſe Account the Payer was willing to diſcharge the Bill; as has been
mentioned about accepting Bills, Se&t. 49.
58. When ſeveral Perſons offer to honour a Bill proteſted for Non-payment,
he that proffers to do it in Honour of the Drawer ſhould firſt be admitted, and
then, he that intends the ſame for the earlieſt Indorſer.
59. When a Bill is paid under Proteſt, in Honour of an Indorſer, and the
Acceptor adviſeth the Payer that there is another (or that he himſelf) will
diſcharge it for the Honour of an earlier Indorſer, or of the Drawer, and this
before he that paid hath reimburſed himſelf by redrawing, then he is obliged
to admit of it from the ſecond, and to transfer his Right to him, though the
ſecond Payer will be obliged to refund to the firſt, not only his Charges, but
half Commiſſion alſo.
60. Men ſhould be very circumſpect and cautious in accepting or paying Bills
for the Honour of the Drawers, and ſtill more ſo, when they do it for the
Honour of an Indorſer; and ought to be very well acquainted with the Character
and Circumſtances of the Perſon for whom they engage their Firm, or pay their
Money; and this Precaution is more eſpecially to be obſerved, when a ſolvent
Acceptor ſuffers a Proteſt for Non-payment, and his Reaſons for ſo doing are
ſtrictly to be enquired after, previous to a Payment for the Honour of any one
concerned, as they may be ſuch as might diſſuade any other from paying them
fupra Proteſt, though if they are entirely ſatisfied of the Ability of the Ac-
ceptor, they may with leſs Fear pay the Bill, as he is obliged for its Diſcharge,
in Caſe the Drawer or Indorſers refuſe.
61. If the Proteſt for Non-payment be ſent away, it is unadviſeable to offer
Payment under Proteſt, though the Bill be ſtill retained, unleſs the Poffeffor
will give ſufficient Security to make Reſtitution, in Caſe the Drawer or Indorſer
ſhould have repaid the Value and Charges, or otherwiſe agreed with the Re-
mitters.
62. A more than ordinary Circumſpection is likewiſe required in the Pay-
ment of Bills (under Proteſt) that are made payable to Order, and at ſome Days
Sight, when there hath been any Neglect in the procuring Acceptance; and,
above all, Men ſhould be fearful to meddle with Bills that were not duly and
timely proteſted.
63. When a Bill is paid, ſupra Proteſt, in Honour of the Drawer or In-
dorfer, the Payer uſually (if he has no Effects in his Hands) redraws the ſame
dire&ly on him for whoſe Account he paid it, with the Addition to the Sum
mentioned in the Bill, of the Charges of Proteſt, Brokerage, Poſtage, and
Commiſſion.
64. And when he that pays under Proteſt hath revalued for his Advance,
he ought, with his Advice of his Draughts, to ſend the Proteſt with the
proteſted (and by him diſcharged) Bills of Exchange, jointly with the Inſtru-
ment of his tendered Payment and its Acquittance, to his Correſpondent, that
they may be ſhewn to the Perſon, for whoſe Honour he paid, at the Time of
demanding Acceptance of his Bills for Reimburſement, which ought in Gra-
titude to be punctually complied with; though if it ſhould not, and the Perſon
drawn on refuſes Acceptance and Payment, he may be compelled thereto, as
well as to defray all the Drawer's Charges and Damages, the Right being now
in him, either by or without a Transfer of it from the firſt Poffeffor, as has been
before explained
65. If a Drawer make any Diſpute, and alledge that his Bill was accepted,
and therefore the Remitter muſt ſeek his Redreſs from the Acceptor, &c. he
ſhould be informed that he muſt primarily be applied to before it can be ſued
for from the Acceptor; and if a Drawer has any Suſpicion that his Bill (though
accepted) will not be paid, he ſhould recommend the Care of it to ſome other
Perſon
460
and, in Caſe of Refuſal,
OF BILLS OF EX C H A N G E, &c.
Perſon for his own Credit, who may afterwards have Recourſe againſt the Ac-
ceptor, as this latter's refuſing Payment expoſes him to immediate Execution.
66. In Caſe of a Perſon's refufing Payment of his accepted Bills when due,
they ought to be proteſted, and ſent with the Proteſt to the Remitter or Drawer,
which of the two it was that forwarded them, except they ſhould order their
Correſpondent to detain the Bill, with a Proſpect of obtaining their Diſcharge
from the Acceptor.
67. The Poffeffor of an indorſed accepted Bill, proteſted for Non-Payment,
and not diſcharged ſupra Proteſt, hath his Redreſs on the Drawer and all the
Indorſers; and therefore it is uſual for the Poffeſſor of ſuch a Bill to redraw for
its Value, &c. on him from whom he received it, whether he be the firſt
Remitter, or any other Indorſer; but if he is not to be found, or has failed, or
if it is more for the Poſſeſſor's Conveniency, or to comply with the Requeſt of
a later Indorſer, he may draw upon ſome earlier Indorfer, and demand of him
compel him to it; but, however, the Perfon from whom he received, or with
whom he negociated the Bill, is obliged to refund, and he again hath his Re-
dreſs on the Acceptor, Drawer, or any other earlier Indorſer.
68. The Poffeffor of ſuch a Bill muſt not directly demand Reſtitution from
the Drawer, before he has given Notice of the Non-payment and Proteſt to
the Indorfers, left he loſe his Redreſs on them; and he ſhould, as well in Cafe
of Proteſt for Non-acceptance as for Non-payment, adviſe the Remitter thereof
without Delay, and ſend him a Copy of the Proteſt, that he may get Security
from the Drawer.
69. No Bills of Exchange, proteſted or to be proteſted, can be attached in
the Notary's Hands, except only when an Acceptor can demonſtrate that he
hath fully paid their contents, and in this Caſe the Attachment will lie; other-
wiſe it is of no Force or Validity; and the Notary may, nay muſt when de-
manded, reſtore the Bill and Proteſt to him from whom he received it, to act
therewith as he ſhall judge convenient.
70. No Perſon can be compelled to pay a Bill which has not been accepted;
nor the Drawer or Indorfer to the making Reſtitution, unleſs the Bill be re-
turned with Proteſt for Non-payment; but if it is, and the Proteſt is in all
,
immediate and punctual Satisfaction for the Value, Re-exchange, Commiſſion,
Brokerage, Poſtage, and Proteft.
71. The Drawer of a Bill payable to Order, is no further obliged (though the
proteſted Bill was indorſed in ſeveral Places, and returned the ſame Ways) than
for Payment of the Redraught made from the Place where the Bill was to be dif-
charged directly to that where it was drawn, and at ſuch a Courſe of Exchange
as then governed; and the Indorſers are likewiſe no further obliged than for the
Revaluing from the Place intended for its Payment directly to that where it was
reſpectively indorſed by them.
72. When a Bill is in the fame Place ſucceſſively indorſed by ſeveral Perſons,
and is returned by Proteſt to the laſt Indorſer, he is obliged inſtantly to make
Satisfaction, either by himſelf or by ſome other Indorſer before him or for him ;
and if he pay, and ſatisfy it himſelf, he is not then to demand Proviſion or
Charges of the other Indorſers or Drawer in the ſame Place, more than what he
has actually paid.
73. The Remitter or Poffeffor of a Bill proteſted for Non-payment, is not
preciſely obliged to follicit Reſtitution from the Drawer or Indorſer, if he had
rather feek his Redreſs from the Acceptor ; and on the contrary, he need not
regard the Acceptor, if he prefers ſeeking Satisfaction from the Drawer or In-
dorſer, nor is he obliged to allow them any Time for the Payment, but may,
if it be not punctually complied with, proceed againſt which of them he
pleafes.
74. No Drawer or Indorſer is obliged to make Reſtitution on Sight of the
Proteft alone, nor on Sight of the Proteſt and the unaccepted Bill, when one of
them hath been accepted; but he is obliged to give a ſatisfactory Security to the
3
Remitter


OF BILLS OF EXCHANGE, &c.
461
Remitter on his producing only the Proteſt, and to make Payment when this
and the accepted Bill are preſented together.
75. If a Perſon who has accepted a Bill, refuſes Payment when it is due,
and the Bill, on being returned with Proteſt that the Drawer may ſatisfy it, meets
with a Refuſal from him alſo, and is ſent back again to the Poffeffor, this latter
in ſuch Caſe has as much Right and Law againſt the Acceptor as againſt the
Drawer, and may force either of them to a Compliance.
76. Though the Poffeſſor of an accepted Billhath no Redreſs againſt the Drawer,
if he omits to proteſt it for Non-payment, till the Days of Grace are expired, yet
if the Drawer be ſtill in Credit, he muſt ſend to him with the Proteſt, as till
this is done, and they are returned, he cannot compel the Acceptor to diſ-
charge it.
77. When a Bill is made payable for the Drawer's own Account, and is not
diſcharged when due, but proteſted for Non-payment, the Poffeffor need not
return it on the Drawer, but may inſtantly compel him to make Satisfaction
whenever he is found.
78. The Acceptor of an indorſed Bill, proteſted for Non-payment, cannot be
proceeded againſt by Arreſt or Attachment, though any one or all the Indorſers
refuſe to make Satisfaction, unleſs the Drawer allo refuſe to do it, and this be
proved by good Evidence; and the Acceptor of a Bill returned to the Drawer
with Proteſt for Non-payment, and ſent back undiſcharged by him, is only
obliged to pay the Exchange and Rechange, Proviſions, and Poſtage, without
any other Charges.
79. And the Exchange is reckoned according to the Courſe at Sight at that
Time and Place where the Proteſt is made, to the Place where the Payment
ſhould be made by the Drawer ; but if it is not complied with there, then the
Sum is again increaſed, by the Commiſſion and Poſtage being added, and the
Courſe is now reckoned upon the whole Sum, according as it ſhall govern at
that Time and Place upon Sight, to the Place were the Bill is to be paid,
and the Acceptor is obliged to pay the Rechange and all the Charges, although
the Parcel was not effectually negociated and redrawn, i. e. Rechange, Proviſion,
and Poſtage muſt be twice paid, &c. as Proviſion twice for the Exchange and
Rechange; the Charges being only for Poſtage, and Proteſts, unleſs the Acceptor
(by Delays and Excuſes) forces the Poffeffor upon fome neceſſary Charges to
recover, which the Acceptor is obliged to pay; but no extraordinary ones, ſuch
as travelling, &c. will be allowed.
80. And if the Acceptor under the afore-mentioned Circumſtances refuſe im-
mediate Payment to the returned Bill, a legal Intereſt may be charged him,
from the Day that the Bill was due to the Time of its Diſcharge; though he
ſhall not be obliged to make good any other Loſs or Damage than thoſe before-
mentioned, notwithſtanding the Expreſſions uſed in the Proteſt, as theſe are
not to be conſtrued as obligatory on the Acceptor to ſatisfy any Loſs or Damage
which the Poffeffor may pretend he has ſuffered from a Want of punctual
Payment, and by this means fruſtrating his Deſigns of ſome beneficial Engage
ment, or a Loſs of a convenient Opportunity for advantageouſly employing
the Sum detained.
81. When a Drawer is not of an eſtabliſhed Credit in the Commerce of the
Place he is ſettled at, it is common for ſome Merchant, who inclines to forward
and protect, at firſt to indorſe his Bills, till Time and Opportunity have rendered
him and his Dealings better known ; but if any ſuch Friend excuſes to indorſe
his Bills, and yet has a Mind to ſerve him, it is frequent on ſuch Occaſions
for that Friend to ſubſcribe the ſecond or third Bill, which is done by the ſole
ſetting his Name under that of the Drawer, without adding a ſingle 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 ſubſcribed, for which the
Underwriter is anſwerable to the Remitter, or any other this latter negociates it
with ; but if the Remitter keeps the ſubſcribed Bill himſelf, and the Poffeffor of
the other two unſubſcribed would ſeek any Redreſs againſt the Security, he
çannot for Want of the Bill that is ſubſcribed; but as ſuch Negociations are only
6 B
practifed


462
OF BILLS OF EXCHANGE, &c.
- but in the Na
practiſed for the Safety and Satisfaction of the Deliverer, without an Intention
in any. Shape to diſcredit the Drawer, they are uſually concealed, and the ſub-
fcribed Bill feldom ſent away.
82. And when ſuch ſubſcribed Bills are ſatisfied, they ſhould be returned to
the principal Drawer, as he in the firſt Bill acknowledges to have received the
Value, and the Remitter would be very imprudent if he paid it to the Subſcriber
though he contracted with him, and regards his Firm more than that of the
Drawer's; but the Subſcriber ſhould take Care to enquire of the Remitter or
Poſſeſſor, whether the Bill was punctually complied with when due, that he
may 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 any one acts therein by the Order, full Power and Authority of
another, which is commonly termed Procuration ; and theſe Bills may be
drawn, ſubſcribed, indorſed, accepted, and negociated, not in the Name or for
the Account of the Manager or Tranſacter of any or all of theſe Branches of
Remittances, but in the Name and for the Account of the Perſon who autho-
sized him.
84. And as ſuch an unlimited Power, if abuſed, may be of the moſt fatal
Conſequence to the Giver of it, who certainly puts his Welfare and Fortune in
his Procurator's Hands, itought not lightly to be granted, nor till the moſt fedate
Reflections and thorough Knowledge of the Perſon will juſtify the Step, and
bring it within the Limits of Prudence; therefore a diſcreet Man will not
hazard his Subſtance by ſuch a Subſtitution, except through mere Neceſſity,
and then will act with all the Circumſpection poflible in his Choice; and when
he has paſſed his Nomination, and authentically ſubſtituted his Agent, he muſt
adviſe thoſe Correſpondents on whom his Procurator may occaſionally want to
draw, &c. with his having given ſuch a Power, and deſire them to honour
the Firm of his Subſtitute, whenever made uſe of for his Account.
85. And he that by ſuch a Procuration does either negociate, draw, indorſe,
ſubſcribe or accept Bills of Exchange, by fuhſcribing his own Name and Quality
(that is, the Attorney of his Employer) does thereby as effectually oblige his
Principal as if he himſelf affirmed, whilſt the Procurator is not in the leaſt
obligated; but if any one, under the Pretence of having a full Power from a
Perſon of Credit, tranſacts any Bulinefs for his own Account, he is not only
obliged to perform all that he hath negociated in the Name of another Perſon,
but is likewife liable to be puniſhed ſeverely for the Deceit; and ſuch a Pretence
no Way obliges the Perſon whoſe Name is made Uſe of therein.
86. It will therefore be prudent in every Remitter or Poffeſſor of Bills to re-
fuſe any Drawings or Acceptance by the Wife, Servant, &c. of thoſe they pre-
tend to repreſent, unleſs they firſt produce the Power they ſay they act under,
and this be in every Reſpect full and ſatisfactory, and neither antiquated, recalled,
or cancelled ; and it is aſſerted by Marius and others, that a Merchant's Letter to
his Wife, Friend, Servant, or any other, to accept Bills of Exchange, is not
fufficient without a Power of Attorney in Form; though if there ſhould be no
ſuch Inſtrument made to either of the aforementioned Perſons, yet if either of
them have formerly in the Principal's Abſence uſually accepted his Bills, and he
approved thereof at his Return, I believe on Proof of this, it would always be con-
strued as his Intention, and be as valid and binding as a legal and formal In-
ftrument.
87: In Negociations of Bills, the Procurator ſhould, before he concludes any,
adviſe the Perſon treating with him of the Quality in which he acts, that he
may
be ſatisfied of the Validity of his Deputations ; for if without mentioning
any Thing thereof previous to his contracting, either by himſelf or a Broker, the
other Party is not obliged to ſtand to the Agreement, or pay him any Money if
he has acted as a Drawer, but may refuſe to have any thing to do with him
though, on the contrary, the Poffeffor of a Bill muſt admit the Acceptance of
a Procurator, provided his Letter of Attorney be general, or expreſsly declaring
that all Bills by him accepted, are for Account of the Principal, or limited
only to the Acceptance of thoſe Bills that the Poffeffor has; but, if the Pro-
curation



OF BILLS OF EXCHANGE, &c.
463
curation be not clear and expreſs in theſe Particulars, then the Holder is not
obliged to admit the Acceptance of one whoſe Power to perform it is doubtful or
inſufficient.
88. When Bills of Exchange are drawn on one Place, and made payable in
another, the Intention of fuch a Draught ſhould be mentioned at the Time of
Agreement, otherwiſe it is not binding; and when Bills are drawn in this Man-
ner, it is cuſtomary for the Acceptor to mention the Houſe they are to be
paid at.
As for Example; A. B. of London draws 500 Dollars on C. D. of
Bilboa, payable at Madrid, which the Remitter ſends to his Correſpondent there,
and he to his at Bilboa, where being preſented to the ſaid C. D. he accepts it to
be paid by E. F. (or in the Houſe of E. F.) of Madrid, and takes Care to furniſh
the neceſſary Fund in Time for its Diſcharge, otherwiſe the Bill will be proteſted
for Non-payment in Madrid, as E. F. lies under no Obligation to pay it, if he
has not Effects 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 cuſtomary in Caſes like the above, for the Remitter (if he
has no Correſpondent at the Place the Bill is drawn on) to defire the Drawer to
ſend the firſt for Acceptance, and to return it accepted to him, or elſewhere as
he ſhall direct, which the Drawer cannot well refuſe, though he is not ſtrictly
obliged to a Compliance; however, when once conſented to, and he does not
return the Bill accepted in a convenient Time to the Remitter, or forward it
according to his Order, this latter ſhould ſend the ſecond Bill to ſome other Per-
fon to procure Acceptance (as he cannot oblige the Drawer to give him any
further Satisfaction) in Caſe this has not been done to the firſt, and if refuſed, to
enter a Proteſt,
90. If the Acceptor of a Bill does not live in the Place where it is payable
(as in the foregoing Caſes) and in order to diſcharge it, remits the Holder other
Bills due the fame Time his is, the faid Holder is not obliged to admit them in
Payment, and if he conſents to it may juſtly demand his Commiſſion on them,
as he has a double Trouble in the Recovery of his Money; and on the contrary,
if the Poffeffor deſires the Acceptor to ſend him the Value of the Bill in others,
or in Specie, the Acceptor is under no Obligation to comply, unleſs he has an
Allowance of a Proviſion for his Pains.
91. If the Perſon to whom the Bill is addreſſed will not accept it, a Proteſt
muſt be entered againſt him for Non-acceptance, but that for Non-payment is
properly made' (as before obſerved) at the Place where the Bill is payable; and
though the Poſſeſſor is under no Obligation to ſeek elſewhere for Payment, yet
he may, in Caſe of its not being punctually diſcharged, proceed againſt the Ac-
ceptor wherever he finds him.
92. Beſides the afore-mentioned Method of drawing on one place and paying
in another, there is yet a different Manner of executing ſuch Negociations, as
when Bills are not made payable or remitted to the Place directly where the Money
is, but to ſome other Place, from whence the Value is to be redrawn or remitted
to the Place where the Payment muſt be made. As for Example: A Perſon has
Money lying at London, which he would willingly have at Dantzick, but as the
Dantzicker cannot draw directly on London, he firſt paſſes his Bill on Hamburg)
or Amſterdam, and orders his Correſpondent there to reimburſe himſelf on London;
and the Motives to this Sort of exchanging are either, firſt, becauſe there is no
Courſe ſettled directly, or elſe, ſecondly, where there is, it may be more ad-
vantageous not to make Uſe of it, but to negociate otherwiſe.
When
any one draws by Commiſſion, it muſt be either for the Account
of him on whom he draws, or elſe for that of a third Perſon; if for the former,
the Drawer ſhould punctually adviſe him of the Sum drawn, and diſtinctly
in how many Bills, what Date, to whom, and when payable, from whom the
Value, and at what Exchange (and indeed the ſame Exactneſs ſhould be always
obſerved in Regard to adviſing whenever Bills are drawn) and no Draughts
ſhould be paſſed for the Account of a third Perſon without ſpecial Order from
him; and it is cuſtomary on ſuch Occaſions for the Acceptor to adviſe that
he will honour fuch Draughts, whenever they appear, previous to the Drawer's
93.
making
464
OF BILLS OF EXCHANGE, &c.
making them; and the Drawer on his Part ſhould give punctual Advice both
to his Principal and the Acceptor, whenever he executes his Commiſſion ;
and it is uſual in ſuch Caſes for the Drawer to mention in the Bill for whom
he draws, by concluding it with theſe Words, and place it to the Account of
A. B. as per Advice from, naming the Perſon, or the two initial Letters of
his Name, which may prevent and obviate an Exception ſometimes made by
an Acceptor, that he did not accept nor ſatisfy the Bills for ſuch an Account,
but on the Drawer's only.
94. Bills may be, and many Times are, drawn upon a third Perſon's Account,
who yet remains incog. to the Acceptor. As for Example : A. B. is ſtraitened
for Caſh, and C. D. his Friend has none to ſpare him, yet willing to ſerve
him, he makes his Credit ſupply what his Purſe denies, and paſſes his Bill on
E. F. of Amſterdam for the Sum that A. B. wants, with Orders to redraw the
ſame on him (C. D.) which A. B. pays in due Time. And ſometimes Bills
are drawn for Account of a third, by Order of a fourth, viz. A. B. of Antwerp
receives Orders from C. D. of Madrid, to draw for his Account on E. F. of
Hamburgh, but A. B. finding no Opportunity of effecting it, directs G. H. of
Amſterdam to value for the Sum ordered on Hamburgh for the Account of C. D.
of Madrid, and to remit it afterwards to him the faid A. B. Or elſe A. draws
on B. with Orders to reimburſe himſelf by Draughts on C. for the Account of
D. but B. ſhould refuſe ſuch a Commiſſion, unleſs A. be his Security; and
when he draws on C. he ought to adviſe him that he draws by the Order of A.
for the Account of D. and alſo give Advice to A. with all the Particulars of the
Negociation, though it is unneceſſary to correſpond with D. about it, this being
A's Obligation.
95. He that hath Orders to draw on one Place, and remit to another, or
vice verſa, for the Account of a third Perſon, ſhould not remit before he knows
he can draw, nor draw before he knows he can remit, as by the doing one he
may be in Diſburſe, and by the other have his Principal's Calh lie by longer
than may be pleaſing; and when he hath an Opportunity to do both, he ſhould,
before concluding, make his Calculation whether he can execute his Commiſſion
within Limits (if limited) according to the Terms and Exchanges offered
him.
96. When a Remitter by Commiſſion hath ſent his Bill to a third Perſon by
Order of his Principal, and in his Letter of Advice hath clearly expreſſed for
whoſe Account it is, then neither he nor his Employer can alter or recall the
ſame, to the Prejudice of him to whom the Remittances are made.
97 If a Remitter in Commiſſion ſtands del credere (as Creditor) for the Re-
mittances, he acts indiſcreetly if he has the Bills made payable to himſelf or
Order that he may indorſe them; for though this is frequently practiſed by the
chief Bankers and Exchangers, with a view to conceal from the Drawer the
Perſon to whom they remit it, it does not take off from the Imprudence of the
- Action, as the following Reaſon will evince, viz.
iſt, The Indorſer may be forgotten, and from this Omiſſion may ariſe endleſs
Diſputes and Conteſts; 2dly, the Remitter by this Means makes himſelf liable
not only to anſwer all Damages, &c. to his Principal, but alſo to every Poffeffor
and Indorſer of the Bill after him ; for,
3dly, By indorfing the Bill, he makes it his own Bill, and obliges himſelf on
the Account of his Principal, not only for the Value by him received, but for
all other Charges and Re-exchanges.
98. And though a Remitter by Commiſſion does not ſtand del credere, he
acts with equal Imprudence, in having the Bills (as aforeſaid) made payable to
himſelf or Order, and then indorſes them, for thereby he effectually engages
himſelf to ſtand del credere, without reaping any Advantage therefrom.
99. Any Remitter on Commiſſion that ſtands delcredere, may, upon the Return
of a Bill for Non-acceptance, contract with the Drawer for the Re-exchange and
Charges, and on his receiving Satisfaction, not only be compelled to remit (if
he hath not indorſed the Bill) the ſame Value for a timely Diſcharge, but alſo
to give his Principal the Advance of the Re-exchange, &c. but in Caſe he



I
hath
OF BILLS OF EXCHANGE, &c.
465

hath indorſed the Bill, he may abſolutely refuſe to give away thoſe Advantages,
as by his Indorſement he made it his own Bill, and he (as well as any other
Drawer or Indorfer) may have the Bill diſcharged when due, and appropriate the
Gains of Re-exchange to himſelf.
100. A Remitter by Commiſſion that ſtands del credere is not obliged to make
good to his Principal any more than the Value he paid for the Bill, in Caſe it
ſhould be returned with Proteſt, and the Drawer is not able to make Satisfac-
tion, as the Rechange and Charges muſt be the Principal's Lofs (if they are loſt)
becauſe the Remitter had Proviſion only on the Value paid; but if he obtain Sa-
tisfaction from the Drawer for the Rechange and Charges, he is obliged to make
the ſame good to his Principal, though the Commiſſions he receives from the
Drawer are his own, unleſs the juſt Sum, with the Proviſion and Charges, be
effectually redrawn on him; and in this caſe, he may place a Commiſſion to his
Principal's Account, for the Trouble of accepting and paying the Bill.
101. And a Remitter by Commiſſion with del credere is obliged, on a Bill's
being returned with Proteſt for Non-payment, immediately to make good its
Value, or to ſuffer it to be drawn on him, becauſe his ſtanding del credere
obliges him not only for the Drawer's Sufficiency, but for its punctual Diſcharge;
though in this caſe the Intereſt, Rechange, &c. is all for his own Benefit, not-
withſtanding the Drawer (incapable to make preſent Payment) ſhould yet give
Security to make a future Satisfaction; and the Remitter, if he gives Orders
for the Payment of the Bill, may charge his Employer with what he effectually
pays more than the Bill was for, or what his Diſburſements exceed the Value
he paid, provided he remits the Principal to recover the Loſs and Charges
he
ſuſtains from the Drawer.
102. When a Remitter in Commiſſion (ſtanding Security) ha made Bills
payable to the Order of his Principal, or to any other Perſon, that are re-
turned proteſted, and they have been indorſed ſeveral Times in different
Places, and conſequently the Advice of the Proteſt muſt be for a conſiderable
Time retarded in reaching the Remitter, he is notwithſtanding obliged to make
good to his Principal the Value by him paid, and that though the Drawer was
for a conſiderable Time in Credit after the Advice thereof might have come
to his Hands if it had been ſent directly. And in Caſe any one under the
above Circumſtances executes his Commiſſion in his own Bills, and they re-
turn proteſted, he is then obliged, both as Drawer and Security, to make good
to his Principal the Rechange and Charges, as if he had not been the Drawer
himſelf, but a Stranger.
103. If any one remitting by Commiſſion with del credere, makes the Bills
for the Account of him to whom he remits, then the Riſk of ſtanding Security
finiſhes with the Day of Payment: ſo that in Caſe the Acceptor (ſuppoſing him
to be the Perſon to whom the Remittance was made) ſhould fail the very next Day
after the Bills became due, and though a formal Proteſt for Non-payment be not
entered, the Loſs will fall on the Principal, and not on him that remits by Com-
miſſion; but if the Acceptor fails before the Day of Payment, or does timely
proteſt againſt himſelf for Non-payment, then the Loſs is the Remitter's, becauſe
he alſo is the Drawer to him for whoſe Account the Draught was made.
104. When a Remitter by Commiſſion hath Orders from his Employer to
make Remittances to ſome of his Correſpondents, that he ſuppoſes to be ſubſtan-
tial Men (under the Remitter's Security) and there to wait the Principal's Direc-
tions, if the ſaid Remitter adviſe him that he has complied with his Orders, and
mentions to whom he remitted, and the exact Sums he paid, he is not obliged
to his Principal, though the Remitted ſhould fail, becauſe the del credere hath
only Reſpect to the Goodneſs of the Bills, and not to the Solvency of him to
whom they are fent; as the Money, from the Moment of his receiving it, was
at the Order and Diſpoſal of the Principal, and this latter, if he truſted the other
with it, it was a Matter of Choice, and at his own Rifk.
105. If a Factor has Orders to draw on one Place, and remit to another with
his del credere, and cannot recover for his Draughts, he muſt ſuffer the Loſs, as
his Security is for the whole Negociation, and not for the Remittances only; and
6 Ć
if




466
BILLs Ś OF EXCHAN G E, &c.
OF
if the Bills a Remitter takes be returned with Proteſt, and he cannot procure im-
mediate Satisfaction from the Drawer, he may charge him an Intereſt on the
Money advanced, although he then gives him Security for the Payment.
106. It is the Duty of every one drawn on by Commiſſion to adviſe the Drawer
(immediately on hearing of the Draught) whether he will accept it or not, on
the Conditions, and for the Account of him for whom it was made; and if the
Bill be for the Account of a third Perſon, the Acceptor muſt give him Advice
alſo of the Drawer and Sum paſſed on him for his Account, and add when it falls
due, and whether he will honour it or not.
107. He that is drawn upon for the Account of a third Perſon, from whom
he has received no Orders for accepting, nor is in Caſh for him, neither hath Di-
rections to revalue on the Principal, acts prudently if he ſuffers the Bill to be pro-
teſted for Non-acceptance, unleſs he knows the Drawer to be a reſponſible Man,
and this inclines him to accept (ſupra Proteſt) for his Honour, which he may
do if he pleaſes, and oblige the Drawer afterwards to make him Satisfaction;
but in this Caſe, he ought immediately to adviſe the Drawer of ſuch his Ac-
ceptance under Proteſt.
108. He that is drawn on for the Drawer's Account, or that of a third Perſon,
and ſcruples to accept it for the one or the other, either freely or under Proteſt,
may accept the ſame in Honour of any Indorfer (ſupra Proteſt) that he thinks
proper to truſt, and is then obliged to give the Drawer, and the Perſon for
whoſe Account it is, and alſo the Indorſer for whoſe Honour he accepts, Advice
thereof; and to ſend the Proteſt, with the Inſtrument of Acceptance, to the
Indorſer, that he may uſe it againſt the Drawer. aito
109. When the Acceptor hath accepted a Bill (ſupra Proteſt) in Honour of
the Drawer or any Indorſer, for Want of Advice, Order, or Proviſion, from him
for whoſe Account the Bill is drawn, and he afterwards receives both Orders and
Effects, he is then obliged to free the Drawer and Indorfer from their Obliga-
tions, and to adviſe them that he will pay the Draught for his Account for whoſe
it was drawn, and that he therefore diſcharges them.
110. If any one accepts a Bill with the Drawer's Obligation, he muſt at the
Day of Payment adviſe the Drawer, whether he, for whoſe Account the Bill was
drawn, had made Proviſion for it, or otherwiſe diſpoſed its Payment, and if this
was done, he in conſequence diſcharges the Drawer from his Obligation.
11. When any one is drawn on for the Account of a third, by another
with whom the Acceptor never had any Correſpondence, and conſequently muft
be ignorant of his Firm, he ought to be deliberate in his Acceptance, though he
has Orders from his Principal to honour ſuch Draughts, and ſhould rather wait
for the Drawer's Advice, that he may compare his Letter and Bill, than be
precipitate in his Acceptance.
112. He that verbally or by Letter has promifed to accept any Bills drawn
con him for a third Perſon's Account, and he to whom the Promiſe was made,
does, in conſequence thereof, give the third Perſon Credit, relying on a punctual
Compliance, in this Cafe, he that has engaged his Word is obliged to fulfil it,
cor be anſwerable for all Damages that ſhall proceed from a Breach thereof, and
though he cannot by Law be compelled to an immediate Satisfaction, a regular
Proceſs will oblige him to pay at laſt.
-=113. If a Factor has Orders from his Principal to accept a certain Sum drawn
by a third for his (the Principal's) Account at Uſance, and the Drawer having
no Opportunity of complying therewith at the Time, paſſes his Bills payable
at Sight, in ſuch Caſe, the Factor ſhould not accept them fimply, but if he has
á Mind, may (under Proteſt) accept them for the Honour of the Drawer, and
revalue the ſame on him, if he continues without Orders from his Principal how
to reimburſe himſelf; but if the Drawer ſhould find Occaſion to draw at half
Ulance when the other half is expired, in fuch Caſe he is obliged to accept the
Draughts freely and without Reſerve.
114. If any one be drawn on by Commiſſion, and ordered to redraw the
Value on ſome other Place, which he cannot comply with, either from no
Money's offering, or that the Exchange is not within his Limits, and it does






4
not
ÓF BILLS OF EXC HAN G E, &c.
467
not ſuit his Conveniency to be in Diſburſe, he may in ſuch Cafe revalue directly
on the Drawer, or on any other Place, even above the limited Courſe (if he
cannot do otherwiſe) though on the beſt Terms he poſſibly can for his Principal's
Advantage otherwile) though on the be
115. When any Perſon drawn on by Commiſſion hath accepted the Bill, and
the Payment is not demanded when due, he muſt, notwithſtanding, debit the
Principal for its Value, becauſe he is always obliged to pay it whenever it is
aſked for.
116. The Acceptor of a Bill on Commiſſion, drawn on him at Time, may,
and muſt demand on the Drawer his accepted Bill, if this latter thould think
proper againſt the Time of Payment to call it in, and pay its Import himſelf,
and the Drawer is obliged to reſtore it; but he thould, before he parts with it,
clearly expreſs in Writing upon it, that he himſelf called in the Bill and ſatisfied
it, and he is obliged to allow the-Acceptor at leaſt half Commiſſion...
117. It is incumbent on him to whom a Bill is remitted in Commiſſion,
iſt, to endeavour to procure Acceptance ;i 2dly, on Refuſal, to proteſt (if not
forbiddeny though not expreſsly ordered; zdly, to adviſe the Remitter of the
Réceipt, Acceptance, or Proteſting it, and in Caſe of the latter, to ſend the Proteſt
to hin; and 4thly, to adviſe any third Perſon, that is or may be concerned in it;
and all this by the Poſt's Return, without further Delay.
31918. He that has Bills remitted to him for the Account of a third Perſon,
or to be at his Diſpoſal, cannot place the ſaid Bills either to his own, the Re-
mitter's, nor to any other's Account, but is obliged to obſerve the Order of him
only for whoſe Account and at whoſe Diſpoſal they were remittedi:
119. If a Bill, remitted for the Accounts or to be at the Diſpoſal of a third
Perſon, is indorfed or made payable at firſt to the Receiver thereof or to his
Order, he that receives the Bill, if he has adviſed the Perſon for whoſe Account
or at whole: Diſpoſal it was directed to be, that he hath received ſuch a Bill
for his Account, &c. cannot revoke his Word to pleaſure the Remitter, but
muft attend the Order of the faid third Perſon; though, if he hath not written nor
advifed him thereof, he then may at the Requeſt of the Remitter (or the
Remitter at the Inſtance of the Poffeffor) obſerve the laſt Order, to wait for
further ones.la ven do srit son 10 iso on sittentibo tars
120. When diverſe Bills are remitted for Account of ſeveral Perſons, and
previbus to the Poffefforis adviſing the exact Sum appertaining to each Particu-
lar, one of the Remittances ſhould be proteſted for Non-payment, he may, if it
ſuits him, revalue the ſame on the Remitter; and in Caſe he cannot get Satis-
faction there, the Loſs will then fåll on all the Bills, to be proportionably divided
pro Rato, on the Sums recoverable of the ſaid Remittance, and if the Remitter
ſtood del credere for any, he muft lofe pro Rato with the Reft.
121. When any lone is drawn on for the Account of a third Perſon, and
accepts the Bill (under Proteſt) for that of the Drawer, adviſing him expreſsly
thereof by the Poſt's Return, then the Acceptor may (if he cannot obtain ſufficient
Proviſion from the Principal, or the neceſſary Orders for his Reimburſement
before the Draught falls due) revalue upon the Drawer, without being obliged
to ſeek his Redreſs firſt from the third Perſon for whoſe Account the Bill
was ; but if the Acceptance, ſupra Proteſt, was with the Obligation of the
Drawer, then the Acceptor muit (if the Drawer require it) have Recourſe firſt
for Satisfaction to the ſaid third Perſon, though without being further obliged
than to revalue on him; and if his Bill be proteſted, and not accepted or paid,
then he hath his Redreſs upon the Drawer, who in this Caſe muſt duly diſcharge
the ſame but do obiad art painotet talgen
122. And when Proviſion for fuch a Bill (proteſted with the Obligation of
the Drawer) is not timely made by the Perſon for whoſe Account it was drawn,
but inſtead thereof he gives Orders to revalue for the ſame, either by him directly
or on ſome other Place, the Acceptor muſt in ſuch Cafe, before Compliance,
conſult the Drawer (as he is obliged to Satisfaction at all Events) and hold him
bound till the Sum to be revalúed ſhall be punctually diſcharged; and if it is
not, but the ſaid Redraughts return proteſted, then the Acceptor who paid the
original



1
268
OF BILLS OF EXCHANGE, &c.
original Bills, and muſt now ſatisfy thoſe come back with Proteſt, may revalue
the Sum; with the Charges, Commiſſions, and Proteſt, on the firſt Drawer, who
continued obliged to ſatisfy the ſame.
123. When a Bill is accepted ſupra Proteſt, for the Account or with the
Obligation of the Drawer, and the Acceptor repents of the Steps he has taken,
as fufpicious of the Drawer's Compliance with his Redraughts, he ſhould in ſuch
Cafe fuffer the Bills to return proteſted for Non-payment, after having firſt adviſed
him of his Intentions, that the Drawer may take new Meaſures for their
Diſcharge.
124. If any one be drawn on for the Account of a third Perſon, and
accepts
the Bill freely, the Acceptor in ſuch caſe hath no Redreſs on the Drawer,
who is freed from the Obligation of accepting any Redraught on him, as the
Acceptor has diſcharged him by his free Acceptance, and has only Recourſe
for his Reinburſement on the third Perfon, for whoſe Account he ac-
cepted.
125. When a Factor hath Occaſion to redraw for the Principal's Account, to
reimburſe Draughts firſt drawn on him, he may paſs his Bills not only according
to Order and within Limits, but may exceed the Order and Limits ſet him; and
if he hath no Order, may redraw without it, or even expreſsly againſt it in Caſe of
Need, as he is under no Obligation to be in Diſburſe; and in Caſe the Principal
will not accept his Factor's Biſts fo drawn, under Pretence that they are without,
above, or againſt Order, the Acceptor muſt proceed againſt him in Law, and
will undoubtedly recover both Principal, Charges, and Damages.
126. In all the Exchanges hitherto mentioned, the Drawer receives Caſh from
the Remitter, for Bills given him, whoſe linport he obliges himſelf fhall be paid
in ready Money, at the Time and according to the Conditions therein agreed on.
But there is yet another Sort, called mixt or debt Exchanges, wherein the Drawer
receives no Money, but gives Bills in Payment of a Debt, and in ſuch Nego-
ciations the Creditor is deemed the Remitter.
127. And ſuch Bills are made either for the Recovery of an old Debt, or to
afſure the Payment of a new one, contracted for Goods bought on Truſt; and
whether the Debtor makes the Bills payable by himſelf or another, and whether
the Debtor and Creditor fettle the Courſe or not, the Debt now changes its Na-
ture; and he that gives a Bill of Exchange becomes thereby liable to the Laws
concerning them, and may, upon Failure, be proſecuted in a different Manner
than he could be for a Book Debt; and therefore a prudent Creditor will, on
receiving ſuch a Bill, make an abſolute Agreement with the Debtor concerning
the Courſe; and upon Receipt thereof, credit his Account of Goods, and debit
his Account current for the Value.
128. It is unneceſſary in moſt Countries to expreſs whether the Value of Bills
was paid in Monies or in any other Commodities (and I think France is the only
Exception to this Rule) if the Debtor do but effectually receive it; and he that
gives a Bill for the Payment of an old Debt, or for Goods then purchaſed, ſhould
demand an Acquittance from his Creditor, acknowledging to have received Satis-
faction for ſuch a Debt, or for ſuch Goods, in ſuch and ſuch a Bill of Exchange,
or ſo much of the Debt as the Bill of Exchange amounts to; and on the con-
trary, the Creditor muſt demand a Receipt from the Drawer, wherein he con-
feffes to have received the Value of ſuch a Bill, either in an old Debt, or Goods
bought, and for full Payment, or in Part.
129. When a Creditor hath received fuch a Bill from his Debtor in full or in
part of his Debt, and it is not complied with when due, he muſt not be per-
fuaded by his Debtor to neglect following the ſtrict Courſe and Law of Ex-
change, by proteſting, &c. nor ſhould give the Acceptor longer Time, though
ſolicited thereto, unleſs the Debtor engages under his Hand that it ſhall in no
Shape be a Prejudice to him, nor annul or leffen the Law fubfiſting againſt him-
ſelf, but that the Poffeffor's Rights ſhall be preſerved as entire as if he had actually
proteſted in due Form and Courſe; for without this the Debtor might diſown
any
ſuch Order or Requeſt, and defy his Creditor, after he had neglected to
fecure the Payment by the Means the Law afforded him.



I
130. When
OF BILLS OF EXCHANGE, &c.
469
-

130. When a Bill is drawn by Order, and for Account of a third Perſon and
after being duly accepted, the Acceptor fails, the Drawer muſt make good the
Re-exchange and Charges; but for theſe he hath his Redreſs on him for whoſe
Account he drew, and may Charge his Account therewith, though the ſaid Perſon
hath already made a ſufficient Proviſion for it to the Acceptor or hath honoured
his Redraughts; and if both the Acceptor and the Perfon drawn for fail, the
Drawer hath an action on them ſeparately to recover Satisfaction. od
131. If a Bill be drawn, and accepted for the Account of a third Perſon, and
he on whom it is drawn fails before the faid third Perſon hath made him a fuffi-
cient Proviſion for its Diſcharge, and if the Drawer alſo fails, then he for whoſe
Account the Draught was made, is freed from any Obligation to pay it, though
drawn for his Account, unleſs the Poffeffor will give him a ſatisfactory Security
to ſave him harmleſs both from the Drawer and Acceptor, or any of their
Creditors, Aflignees, &c. or unleſs it appears to him that the Poffeffor is fatis-
fied by the Acceptor or ſome others for him, and doth relinquiſh all Pretences
to both the Acceptor and Drawer's Effects.
quico છે ,
132. When the Poffeſſor of a Bill, payable to his Order, fails, and, to defraud
his Creditors, indorſeth it to another, who negociates it, and effectually receives
the Value, indorſing it again to a third, &c. and though the Creditors, having
diſcovered the Fraud, oppoſe it, yet the Acceptor muſt pay it to him who comes
to receive it, on Proof that he paid the real Value for it; but, if the inſolvent
Poffeſſor has made it payable to any other directly, he might probably be allowed
a Proviſion ; but previous to his recovering the Principal, he muſt clearly provë
how and when he paid the Value; and muſt twear, that before the Failure of
the Indorſer was known, the faid Bill was, without any Colluſion or Deceit,
purchaied by and delivered to him; and if he refuſes to perform this (on an
Oppoſition from the Creditors) he cannot legally receive a Farthing; and in Caſe
he has recovered, he muſt refund it for the common Benefit of the Creditors, and
muſt alſo draw and indorſe the Bill that he received from the Bankrupt Poffeffor
with an intent to defraud them.
133. When a Bill is made or indorſed payable to any Perſon, who, unknown
to the Acceptor, is become inſolvent before the Day of Payment, if he (ignorant
of the Poffeffor’s Failure) diſcharge the fame, ſuch Payment is good and valid;
but if he pay to any other upon the Poſſeſſor's Order, after knowing of his
Inſolvency, he expoſes himſelf to the Hazard of paying twice, and juſtly merits
ſuch a pecuniary Puniſhment for his indiſcreet and unfair Proceedings. in
134
When the Poffeffor of a Bill fails, and the Acceptor can demonſtratively
prove that it was remitted for the former's Account, or upon Account of a
Debt due to the Poſſeſſor, either from the Remitter or from any other on whoſe
Account the Remittance was made, in this Caſe the Poſſeſſor is the true Owner
and Principal of the Bill, and the Acceptor may pay it to him, and he muſt
credit the Value to the Perſon for whoſe Account it is ; but 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 Confideration (from the Poffeffor) for it, then it ought to
be paid to him, as the inſolvent Poffeffor is not the true Owner of the Bill,
but merely a Demander of Satisfaction ; and the Acceptor ſhould be obliged,
when due, to pay the ſame to the next Order of the Remitter, or the true
Owner of the Bill for whoſe Account it is.
135. If a ſuſpected Poffeſſor of a Bill ſhould fraudulently twice draw
effečtually the ſame Bill, and give the firſt to one Man, with Directions where
to find the ſecond accepted; and the ſecond to another, with Directions where
to find the firſt accepted; in this Caſe he only hath Right and Title to the Money
that firſt procures Acceptance (he not finding any accepted Bill as he was
directed) whether it be to the firſt or ſecond, it makes no Difference, nor whe-
ther it was firſt or laſt negociated by the fraudulent Indorſer.
136. When the Poffeſſor of a Bill is become a Bankrupt; and in order to
defraud his Creditors, or others, conceals the Bill, which they have good
Reaſon to conclude muſt ſtill remain in his Hands, the Acceptor is obliged to
declare whether he hath accepted ſuch a Draught, and if he anſwer in the
6 D
Affirmative


-
470
OF BILLS OF EXCHANGE, &c.
Affirmative, the Creditors, or any other intereſted Perſons, may prohibit the Ac-
ceptor's paying it without their knowledge and Confent; and if any one appear
at the Day of Payment, to recover, he muſt declare and prove, that he is the
true Poffeffor of the Bill, and if none appear, the Acceptor is obliged to pay
the Import of it to the Creditors or Aflignees of the Bankrupt Poffeffor, they
giving Security that the Acceptor ſhall be no Ways prejudiced thereby; or
if he fcruple doing it on their Security, he may depoſit it in the Hands of
Juſtice, for Account of the true Owners thereof; and if the Acceptor refuſe
Compliance, both with one and the other, the Creditors or their Aflignees
may proteft againſt him for Non-payment, and ſend the fame to the Remitter to
procure Satisfaction of the Drawer, and if he makes none, they may compel
the Acceptor thereto.
137. When a BiH is made payable to the Order of any Perfon who has failed
before it reach him, and he, notwithſtanding, on Receipt, indorſes it, and makes
it payable to ſome other, who demands Acceptance thereof, and the Acceptor
(being ignorant of the Failure of the firſt Poffeffor) duly honours the ſame;
the Acceptor (getting Knowledge of the Bankruptcy of the firſt
Poffeffor, and that this preceded his Indorſement thereof) may refuſe Payment
of the Value to his Order, as the inſolvent Poffeffor had no Faculty or Power,
after his Failure to indorſe a Bill ºf Exchange, and therefore it would be honeſt
and prudent in the Acceptor, under fuch Circumſtances, to offer Payment
thereof to the Creditors, provided they give him a ſufficient Security for his
Indemnification, though if they refuſe this, he ſhould ſuffer the Bill to be re-
turned with Proteft.
138. It affords a juft Suſpicion of Fraud, when the Debtor of a Bankrupt pre-
tends a Demand on the latter's Effects for having accepted and
paid a third Bill
fat the Inſolvent's Requeſt) to ſome of his Creditors, whilſt his Reputation ſtood
yet unimpeached; or that the Bill, whoſe third he ſubſcribed, was proteſted,
and he forced to pay the Rechange and Charges; as the Debtor and Creditor or
Poffeffor of ſuch a Bill may, by an Undertaking between them, make many
ſuch Bills to the great Detriment of the Bankrupt’s Creditors.
139 When the Poffeſſor of a Bill hath neglected to procure Acceptance in
Time, and the Perſon to whom it is drawn refuſes it afterwards upon Account
of the Drawer's Failure, the Poffeffor has no greater Privilege or Preference to
the Drawer's Effects in the Acceptor's Hands than the other Creditors have,
though the Drawer drew merely on thoſe Effects, and the Draught would have
been duly honoured if it had been preſented, and Acceptance demanded, before
the Failure of the Drawer was known.
140. Though the Poffeffor of a Bill) whoſe Acceptor fails before it becomes
due) hath an open Account with him, and is his Debtor for a greater Sum than
the Bill imports, and may now ſet off its Value, yet it would be more prudent
in him to proteſt the Bill for Non-payment, and ſuffer it to be returned. itd.
141. If the Drawer, or the Party for whoſe Account a Bill is drawn, fails
before Proviſion is made to the Acceptor, then this latter paying at the Time, or
if not accepted or not paid, but returned with Proteſt, the Drawer is entitled to
a Preference, before all other Creditors, upon any of the Effects of the Inſolvent
that may be in their Hands,
142. When the Acceptor of a Bill hath Remittances made him to diſcharge
it, by the Perſon for whoſe Account he accepts, and he, after receiving ſuch
Remittances, and before Payment of the Draught on him, fails, then the
Principal muſt anſwer the Re-exchange and Charges, and be content to come in
with the Reſt of the Acceptor's Creditors; but if upon the Acceptor's Failure
the Remittances are found in his Poſſeſſion unreceived, then the Principal, who
made them, has a Right to their Return, and they muſt be paid to his Order;
and in Caſe the other Creditors have recovered their Import ſince the Acceptor
became inſolvent, they are obliged to repay the ſame.
143 The Poffeffor of a Bill proteſted for Non-acceptance or Non-payment,
whoſe Drawer and Acceptor are both failed, muſt concur with the Reſt of the
Creditors, not only for the Value that was paid, but alſo for the Rechange and
5
Charges


>
-
471
OF BILLS OF EXCHANGE, &c.
Charges, and for the Sum that the Drawer or Acceptor ſhould have paid if they
had continued ſolvent.
144. If both the Drawer and Acceptor fail, the Poffeffor hath a juſt Right
and Title to demand Payment of both their Effects; and it is in his Option
to begin with which he pleaſes firſt, and where the Appearances are greateſt
for a ſpeedy Recovery ; and if one of their Effects are not ſufficient for Satisfac-
tion, he may then get as much as he can of the other's, as they are both obliged.
145. And the ſame Right that he hath to the Effects or any Thing elſe apper-
taining to the inſolvent Drawer, or Acceptor, till he hath received Satisfaction, he
has likewiſe againſt any or all the Indorſers, if the Bill be returned unaccepted,
and they fail, and if the Bill be accepted, and the Acceptor, Drawer, and In-
dorſers ſhall all fail, he may come upon all their Effects for Satisfaction.
146. The Poffeffor may demand the full Sum, with all Charges, out of the
Goods and Effects of that Inſolvent Drawer, Acceptor, or Indorſer, where he
fhall think proper firſt to make his Claim; and what he receives there he muſt
place to Account in Part of Payment of his Demands; and if he does not receive
full Satisfaction, he cannot demand the Whole again from another, but only the
Remainder, and ſo from one to another till he be entirely ſatisfied.
147. If the Poffeffor of a Bill, whoſe Drawer, Acceptor, and Indorſers are all
failed, receives ſomething in Part of Payment, and the Bankrupt's Truſtees do
thereupon demand an Acquittance, with the Ceſſion of the Action to him or
them, the Poffeffor ſhould not acquit nor transfer more of his Right to them
than for the Value that he hath received.
148. When the Poſſeſſor hath received froin one of the Bankrupts Part of his
Demands, and applies to another of them for the Payment of the Remainder,
he cannot cede or transfer his Right of Action againſt the Perſon from whom he
has recovered Part, becauſe he was therefore admitted into the Concourſe of
Creditors for his whole Demand, and accordingly received his Proportion; ſo
that though a Poffeſſor enter into ſuch a Concourſe, and receives as much of
his Debt as he can get from one of the failed Parties, and thereupon doth abſo-
lutely diſcharge him, yet for the Remainder he may come upon the other In-
dorſers or Drawer, till his Bill be fully ſatisfied, only he cannot transfer his
Action againſt him whom he hath diſcharged.
149. When the Poffeffor of a Bill, whoſe Drawer, Acceptor, and Indorſers
are all failed, does firſt receive in Part of his Demands from one of the Bankrupts
for whofe Account the Bill was drawn, but had either drawn, indorſed, or ac-
cepted the Bill for that of another, without having any Effects in Hand; then
the Poffeſſor muſt enter into an Agreemennt with him who paid in Part, jointly
to demand of the others (or any one of them) that failed, the remaining Sum,
with Charges.
150. If the Poffeffor of an accepted Bill dies without leaving Executors, or
any one to act in his Affairs, ſo that no one hath Authority to demand Payment
of it, or to give a ſatisfactory Diſcharge, and yet ſome pretending hereto, apply
for its Recovery when due, andon Refuſal proteſt for Non-payment; in this Cafe
the Acceptor muſt adviſe the Drawer of all the Circumítances, and his Motives
for Non-compliance, who muſt on his Part conſult with the Remitter to give
further Orders, or he may depoſite the Sum in the Hands of Juſtice, to be reſerved
for the true Owners.
151.
If the Poffefior of a Bill accepted fhould agree and compound with
the Acceptor, and the Drawer be the Acceptor's Debtor for the Sum he accepted,
though the Drawer be thereby diſcharged from the Remitter and Poffeffor, and
alſo from the ſaid Acceptor, yet the Açceptor can debit the Drawer for no
more of that Bill than he effectually paid, according to the Compoſition.
152. But if the Poffeffor hath made this Compoſition with the Acceptor,
without the Remitter's Order or Conſent, the Remittance being for the Remitter's
Account, the Poffeffor will be liable to anſwer the whole Sum to him.
153. If the Drawer or Indorſers, being inſolvent, deny that the Bills they
have drawn and indorſed, and the Acceptor has accepted, were for Effects of
their’s which the Acceptor had in his Hand, or that they have ſince or before
Acceptance



472
OF BILLS OF É X C HAN Ġ E, &c.
1
mance.
Acceptance made Proviſion for the diſcharge thereof, they muſt at the Inſtance
of their Creditors prove the ſame.
0070
154. Beſides the different Species of Bills before-mentioned there are others,
called Conditional Exchanges, being ſuch as the Drawer doth not therein ab-
ſolutely oblige himſelf to Payment, buton certain Terms agreed on; and in theſe
Bills, the Condition muſt be clearly expreſſed, and on that the Acceptor ſhould
accept and pay, elſe not; wherefore if the Condition be not clearly expreſſed,
theſe kinds of Bills are like Bonds, liable to great Diſputes and Conteſts.
155. The accepting a conditional Bill obliges the Acceptor (whether he be
the Drawer himſelf, or any other) abſolutely to the Payment, if the Condition
agreed upon be performed, or the Poffeffor will oblige himtelf to the Perfor-
156. Though the Poffeffor of fuch a BiH is fometimes obliged to perform
the Condition, and ſometimes not; as Exchanges grounded on impoflable, un-
lawful, or indecent Conditions, are ipfo facto null and void.
2.157. When the Poffefforis abfolutely obliged to the Performance of the Con-
dition it is not enough for him to mortify or deſtroy the Bill, and excuſing to
demand Payment thereof, but he is obliged to make good to the Acceptor the
Lofs and Intereſt that he, or any other concerned, is like to ſuffer from the
Non-performance of the Conditione o 19. stoleo vippa, hind
20 158. And on the contrary, when the Poffeffor is not abſolutely obliged, then
if any Thing happens without the Poffeffor's Fault, that may hinder him from
performing the Condition, it does not always free and diſcharge the Drawer or
Acceptor, but he is in ſuch Cafe obliged to pay the Bill, though the Poffeffor
do not perform the Condition, if he will but make good the Loſs to the Accep-
tor or Drawer. su
As for Example.-A. of London contracts with B. of Leghorn, to provide for
him a Bale of Says, on the moſt reaſonable Terms, and to ſend them to Leghorn
at his own (A's) Riſk, charging B. ſo much per Cent. (as ſhall be agreed) for
his Commiſſion, Riſk, and Diſburſe, in the Invoice, whoſe Import B. ſhall be
obliged to pay in eight Days after the Arrival of the faid Goods at Leghorn;
which Agreement being carried into Execution, and the Says ſhipped, and Invoice
fent, A. draws the Amount on B. in the Manner following, viza crisis debiti
London January the 7th, 1752.
Sub Exchange for 1ool. Str. at 51d. per Dollar.
IGHT Days after the Arrival of the Bale of Says, per the Goodfellow, Capt.
John Saunders marked B Nº.1, at Leghorn, pay to C. D. or Order, for
Coſt of the ſame, the Sum of one hundred Pounds Sterling, at fifty-one Pence
Sterling per Dollar, Value in Account, and place it to Account, as per Advice from
agoivolaronin sobila bo posun10 uit:
A.
TO To Mr. B. o posodiu A disco on sort of inte
Merchant in Leghorn.
And when B. has accepted the Bill, he is obliged to comply with its Contents,
without any Regard had to the Riſe or Fall of the Goods, or any other Circum-
ftance whatſoever that does not hinder their Delivery; but if the Says are loſt at
Sea, then the Acceptance is null, and the Bill mortified; yet if they arrive and
are delivered, though damaged, B: muſt receive them and pay the Bill, and
afterwards charge A. with what the Damage ſhall be rated at, on a Survey taken
by Authority.
noite not
159. Among Conditional Exchanges may alſo be reckoned thoſe Bills that are
given upon Account of any Wager, or for the Aſſurance of Things dubious.
And thoſe made upon Account of a Wager, &c. are either ſingle or reciprocal
and mutual. The ſingle ones are ſuch as follow ---a Perſon's giving a Sum of
Money to another, who in Return gives him a Bill of Exchange, payable for a
larger Sum than he received at the Day of Marriage, Surrender of ſuch a be-
ſieged Town, or any other contingent or uncertain Event; as alſo to ſecure a Re-
quital for ſome Favour or Service done, when the Bill may be made as follows, viz.
3
London,


E

OF BILLS OF EXCH ANGE, &r.
473
new name it.
was
s
London, January 7th 1782.
FOURTEEN Days after I am nominated a Commiflioner of the Exciſe (or after
I have obtained ſuch a Suit of Law, &c.) I promiſe to pay to A. B. the Sum
of one thouſand Pounds, &c.
C. D.
N. B. This I think is rather a Promiſory Note of Hand than Bill of Exchange ;
however, as it is termed this latter by fome good Authors, I ſhall not preſume to
160. When a Conditional Bill is not accepted, or, if accepted, not paid, the
Poffeſſor muſt proteſt, and ſeek his Redreſs and Satisfaction from the Drawer ;
taking Care to inſert in the ſaid Proteſt, and alſo to prove that the Condition
performed, or that he was ready and willing to perform it, otherwiſe the
Proteſt is of no Value.
161. In Caſe the Poffeſſor of a Conditional Bill, who is abſolutely obliged to
the Performance of its Contents, would mortify the Sum, and not demand Pay-
ment to avoid performing the Condition, in ſuch Caſe the Acceptor may compel
him thereto, by depoſiting the Money, and proteſting againſt the Poffeffor for
Non-performance of Conditions and all Damages occaſioned thereby, and then
proceed againſt him according to the Law and Cuſtom of Exchanges; and the
Reaſon is, becauſe he, the Poſſeſſor, would have acted in like Manner againſt the
Acceptant, if he had been tardy.
162. If a Condition whereon an Exchange Contract is grounded, was once
poſſible, after the Poffeffor had procured Acceptance (if the Poffeffor was obliged
to perform it) or after the Remitter received the Bill from the Drawer (provided
the former obliged himſelf to a Performance) and it ſhould afterwards be morally
impoflible, their neglecting the Opportunity makes them liable to ſatisfy all the
Damage and Loſs that the Drawer, Acceptor, or any other concerned ſhall prove
they have ſuffered and ſuſtained in it, becauſe his Condition was the Cauſe of
the Contract.
et
990
163. A Condition may be ſaid to be performed, though it be not actually,
performed by the Poffeffor, if another acts for him and does it by his Order,
or if another concerned in it acknowledge it as quaſi performed, and this will
oblige the Acceptor to pay. As thus, if A. pay to B. then pay to C. &c.
or if A. and B. diſcount, or B. confeſſes himſelf ſatisfied, the Condition is per-
formed.
164. As Pro Forma Exchanges are frequently practiſed, I ſhall mention ſome
Particulars concerning them in this general Treatiſe of all the different Species
of Bills; and ſhall firſt obſerve, that when any one would draw on his Debtor,
and avoid the Riſk of having his Bill returned, he may make his Draught payable
to a Friend, or ſome Dependant, and for the greater Formality, inſert Value of
ſome one, though he has received none, and another Perſon's Name may be uſed,
as a Remitter, with or without his Knowledge and Conſent, or a feigned Name
may be inſerted inſtead thereof, though this muſt only be done when the Bill is
made payable to a third (or any other) Perſon, or his Order, for if the Bill be
made payable to the Perſon whoſe Name is uſed as a Remitter, or his Order, it
muſt be with his Conſent and Approbation.
165. When a feigned Name is uſed, or any true Name unrequired, and only
proforma, the Drawer muſt neceſſarily adviſe the Perſon to whom or to whoſe
Order it is payable, that the Value is only fet pro forma, and the Name feigned
or uſed without the Perſon's Knowledge; but if any Man's Name is inſerted
with his Conſent, the Bills are uſually made payable to his Order, who is the
Remitter pro forma, demanding Acceptance and Payment in his own Name, by
which Means the Correſpondent need not know but that the Bill is real, other-
wiſe he muſt be acquainted with the Truth, and that the Bill was only made
pro forma.
6 E
166, A



474
OF BILLS OF EXCHANGE, &e.
166. A Man ought to be very circumſpect in lending his Name to a pro forme
Bill made payable to his Order, as ſuch Bills cannot be drawn in, nor will be
paid without his Indorſement; and this, though it be only to pleaſure the
Drawer, and for Form Sake, will oblige the Indorſer to the Poffeffor really and
abſolutely, and not formally only.
167. When a Bill, wherein a perſon's Name is uſed pro forma, is made pay-
able to his Order, and drawn in or negociated and indorſed by him, the Poffeffor
mult make good the Value to him, and not to the Drawer, though he knew
certainly that the Indorſer's Name is only uſed pro forma ; except the Indorſer,
by an Order under his Hand, direct the Holder to make it good to the Drawer,
or unleſs the Indorfer (at the Requeſt of the Drawer) had indorſed it in Blank,
in which Caſe the Drawer however, is obliged to indemnify the Poffeffor from
all Damage or Claims that the Indorfer might futurely make.
168. He that, to pleaſure his Friend, ſuffers himſelf to be made the Remitter
of a pro forma Bill, and does draw in and indorfe it, whether he receives the
Value himſelf and pays or affigns it to the Drawer, he ought (though he has no
Intereſt in the whole Negociation) to make a Minute thereof in his Books, at
leaſt to enter it in his Waſte-Book, as a Memorandum ; and to receive the Value
himſelf is moſt prudent, as the Drawer's Aſſignment on him for it afterwards
will be his Acquittance.
169. When any one draws upon his Debtor, and, to prevent Loſs by proteſt-
ing, makes the Bill payable to the Order of ſome Perſon, who, after Acceptance
procured, will draw it in, or direct his Correſpondent to receive it, and for
Form makes the Value received; he ſhould be very cautious whoſe Name he
makes Uſe of, and to whom he ſends the Bill, that in Caſe the ſaid Remitter
ſhould happen to draw it in, and it ſhould be proteſted for Non-payment, and
the Indorſer prove inſolvent, he (the Drawer) may not be obliged to ſatisfy the
Rechange to the Poſſeſſor of hisBill, without having received any Thing for it,
or if the ſame ſhould be paid, he do not barter a bad Debtor for a worſe, and
quite loſe his Money.
170. When a Drawer dares not draw in the Bill (whoſe Value he hath made
received pro forma) fearing left the Perſon it is addreſſed to ſhould not accept it,
or not pay it if he did, and therefore make it directly payable to one living at the
ſame place with his Debtor, adviſing his Correſpondent that for ſome particular
Reaſons the Value is made received, though only pro forma; in this Caſe the
Poſſeſſor ſhould act with Prudence, and Caution in paying the Amount of the Bill
after receiving, which ought not to be to the Drawer, without an expreſs Order
from the Remitter (or the Perſon whoſe Name is uſed as ſuch) for his ſo doing
or unleſs the Drawer give him a ſufficient Satisfaction, and he knows him to be
both a folvent and honeſt Man.
171. Among pro forma Exchanges, thoſe Bills muſt be reckoned which are
drawn on a Debtor, and remitted to a Creditor of the Drawer's, to be paid to
his Order, Value of the ſame (pro forma) and without agreeing any Courſe,
only requeſting from him to procure Payment, and place it (when received) to
his Account.
172. A Debtor, on giving ſuch a Bill to his Creditor, ſhould demand a Receipt
from him for the Bill, with an Acknowledgement that his Name as Remitter is
only uſed pro forma, and obliging himſelf when paid, either to remit or credit it
to the Drawer, according to the then current Courſe of Exchange ; but if he
cannot recover the Bill he muſt excuſe putting the Drawer to any further Charge
for Proteſts, &c.
173. And when a Creditor admits of ſuch a Bill from his Debtor, he ſhould
take from him an Order under his Hand, to ſend the ſaid Bill to his Correſpon-
dent, or to demand himſelf Acceptance and Payment, that in caſe the Money
ſhould be received by his Correſpondent, but not remitted to him, or being
remitted the Remittances are not paid, or that Proteſts not being made in due
Form, &c. the Debtor may have no Room to complain of his Creditor, who
will by this Means avoid expoſing himſelf to the Loſs that may accrue from the
Correſpondent's Miſmanagement, which, had he acted without Orders, he would
be liable to pay.


174. And
OF BILLS OF EXCHANGE, &r.
475
174. And if in ſuch a Caſe the Debtor fixes the Courſe with his Creditor,
whether before or after the Acceptance is procured, and does credit his Account
current with the Sum; or elſe when another, whoſe Name is uſed pro forma,
agrees for the Courſe with the Drawer, and pays him the Value, then his Ex-
change loſes its pro forma Nature, and becomes actual and real; and in caſe of
Proteft the Drawer is obliged to make good the Rechange and Charges.
175. When ſuch a Bill, at the Requeſt of the Debtor, is by the Creditor drawn
in, and the Value is made him good in Account current, the Loſs by Re-
exchange and Charges appertains to the Debtor ; but if the Creditor draws in the
Bill without the Drawer's Order, the Loſs muſt be his, if any happen.
176. Bills of Exchange are often loſt by being millaid, the Poſt's Miſcarriage,
or various other Accidents; it is therefore cuſtomary to give three of the ſame
Tenor and Date (as has been before obſerved) and ſometimes four or more, con-
cerning which I ſhall mention ſome Particulars, for my Reader's Government
and Information,
177. When a Remitter declares to the Drawer, that the Bills he received are
loft, or ſomehow miſlaid that he cannot find them, and deſires him to repay their
Value, under a ſatisfactory Indemnification from any future Prejudice or De-
mands about them; the Drawer in this Caſe is not obliged to comply, though
the Negociation was for his own Account, only he muſt give other Bills, and
take Care that theſe be exactly the ſame with the former, differing in nothing:
but that, if he had given the firſt, ſecond, or third before, he now adds the fourth
and fifth, though this ſhould not be done neither, after the Bills are fallen due,
unleſs the Remitter give the Drawer ſufficient Security to bear him harmleſs.
178. It is the Duty of all Poffeffors of Bills to have a ſpecial Care of them,
that they may eſcape the aforementioned Accidents ; and it would be prudent in
every Merchant to fill up blank Indorſements, as ſoon as he conveniently can,
after Receipt, left he ſhould loſe them, and the Finder do it for him.
179. Whenever a Poffeffor diſcovers that he hath loſt a Bill, he ought inſtantly,
or at leaſt before the Day of Payment, to adviſe the Acceptor thereof, with the
Precaution not to pay it to any other than him or his Order, and in Caſe another
come to recover, to ſtop it, and adviſe him thereof.
180. If the accepted Bill be the firſt, and is made payable to the Order of one
at the Place of its Diſcharge, and he in whoſe Favour it is intending to draw in
the ſecond, but has loſt the firſt that was accepted, and has no third or fourth,
nor cannot procure them, as the Drawer is dead, or abſent, &c. yet the Sum
may be drawn in and negociated, if the Indorſer (in Caſe his Firm be unknown
to the Acceptor) ſends a full Power by Letter of Attorney (to him he would have
it paid to) for receiving it; but if the Indorſer's Hand be well known, and him-
ſelf in good Credit, then a written Order to the Acceptur for its Payment, with
an Indemnification, will be ſufficient.
181. But it ſhould likewiſe be remarked as an Act of imprudence in an Ac-
ceptor, 'to ſatisfy a Bill made payable to Order (though by him accepted) if
that, or another of the ſame Tenor and Date, be not indorſed in due Form, and
delivered up to him (with the accepted one) at the Time of Payment, though
demanded by the Perſon whoin the Remitter or Indorſer hath impowered for
that Purpoſe; though when the accepted Bill is loſt, and the ſecond (unaccepted)
is regularly indorſed till it come to him to whom it is payable, the Acceptor
(in ſuch Caſe) is obliged to pay the ſame when due, upon a ſufficient Security
given him to deliver up the accepted Bill if it again appeared, or to indemnify him
from any future Demands for its Value.
182. When any one miſſes his accepted Bill, whether payable directly to the
Poffeffor or to his Order, or if ſuch a one receive Advice from his Correſpondent
that he has remitted him ſuch a Sum, in ſuch and ſuch a Bill, &c. though on
opening his Letter he finds the Bill is not incloſed, or if the Letter and Bill have
miſcarried, of whoſe forwarding he has Advice by the ſucceeding Poſt, and finds
that the Day of Payment draws ſo near, as to hinder his getting other Bills in
Room of the loſt one, he may, when it comes due, demand Payment upon his
Letter of Advice, with the Tender of Security, to free and diſcharge the Ac-
5
ceptor







476
OF BILLS OF EXCHAN G E, &c.
ceptor from any future Demands of that Sum, by Virtue of the loſt Bill; and
if the Acceptor will not pay on thoſe Terms, he may be proteſted againſt for
Re-exchange and Charges.
183. When an accepted Bill proteſted for Non-payment, is loſt, the Drawer
is not obliged to make good the Re-exchange and Charges, unleſs he obtain
ſufficient Security to indemnify and free him from all future Demands, and engage
a Reſtoration of the Sum with Intereſt, which he ſhall have paid for the Re-
exchange and Charges, in Caſe it fhould appear that the Bill pretended to be loft
ſhould afterwards be paid by the Acceptor or any other ſupra Proteſt.
184. When an accepted Bill is loſt or miſlaid, the Remitter or Poffeffor cannot
have immediate Satisfaction from either the Acceptor or Drawer, but muſt pro-
ceed againſt them in the ordinary Courſe of Law, as if it was for ſome other
Kind of Debt, as a Proteſt cannot be made but upon an accepted Bill, or the
refuſed Offers of Indemnity.
185. Marius adviſes, that as ſoon as the Poffeffor of a Bill miſſes it, he ſhould
have immediate Recourſe to the Acceptor, and in the Preſence of a Notary and
two Witneſſes, acquaint him with its being loſt; and ſignify to him, that at his
Peril he pay it to none but thoſe with his Order; and be adds, that no one ſhould
refuſe Payment of a Bill he has accepted becauſe it is miſſing: As he aſſerts, that
Proteſt being made for Non-payment, upon the Offer of a ſufficient Security and
Indemnification, will oblige the Acceptor to make good all Loffes, Re-exchange,
and Charges, as the wilful Occaſioner of them.
186. If the firſt accepted loft Bill was made payable to him that loſt it, and
the ſecond (unaccepted) ſhould be made payable to another Man, then if the
Money be really paid when due to him to whom the firſt accepted (though loft)
Bill was payable, ſuch Payment is warrantable and good, and the Poffeffor of the
ſecond can have no Demand on the Acceptor.
187. And ſuppoſe the ſaid firſt accepted Bill Mould be found by a Stranger,
who demands the Money in the Name of him to whom it is made payable, or
that the true Poſſeſſor ſhould have aſſigned it to another, and taken up the Value,
yet neither can have any Demands on the Acceptor, if previous thereto he has
paid it to whom it was payable (though without the accepted Bill) under a proper
Security and Indemnification.
s. 188. If a Bill of Exchange be loſt by him with whom it was left for Ac-
ceptance, or that he hath by Miſtake given it to a wrong Perſon, or by any
other Change or Intention the Poffeffor cannot obtain a Return of his Bill, neither
accepted nor unaccepted, he that loſt it is obliged to give the Perſon 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 ſecond, if it arrives in Time, or if
not, upon the ſaid Note, which in all Caſes is to have the Law and Privilege of
a Bill of Exchange; and if the Acceptor refuſe this, the Holder muſt imme-
diately proteſt for Non-acceptance, and when due muſt demand the Money
(though he has neither Note nor Bill) which, if refuſed, a Proteſt muſt be regu-
Tarly made for Non-payment.
189. The Poffeffor of a Bill ſhould be careful that it be ſent to the Place of
Payment in Time for its Recovery, and not detain it to the laſt Moment, as the
irregular Arrival of the Poſt may hinder it from getting there till after due, in
which Caſe a Proteſt will be inſignificant in Regard to its Recovery of the Drawer,
as this was not timely demanded; and therefore he that conſtitutes himſelf an-
other's Agent, and admits Bills to follicit their Recovery, and neglects demanding
Payment when they are due, or, if refuſed, omits proteſting, will be obliged to
make good the Damage that ſhall accrue through his Remiſſneſs.
190. He that is Poffeffor of a Bill, which only ſays (pay) without mentioning
the Time when, or that it is without a Date, or not clearly and legibly written,
payable ſome Time after Date, &c. ſo that the certain preciſe Time of Payment
cannot be calculated or known, muſt be very circumſpect, and demand the Money
whenever there is any probable Appearance of the Time's being completed that
was intended for its Payment, or that he can demonſtrate any Circumſtance that
may determine it, or make it ſeem likely when it ſhould be paid.


I
191. When
OF BILLS OF EXCHANGE, &c.
477
191. When a Perſon hath a Bill ſent him to demand Acceptance, with Direc-
tions to hold it at the Order of the ſecond, and if the ſame is not produced (properly
indorſed) at the Time it becomes due, nor the firſt aſked for, the Poſfeffor of
this may demand Payment thereof, on giving Security to produce the indorſed
Bill, and in Caſe of Refuſal he may proteſt for Non-payment, and ſuch a Proteſt
is of Validity againſt the Drawer ; but yet if he that hath the Bill omits to
demand Payment, and to proteſt, he is no ways culpable nor reſponſible, but the
Detainer of the indorſed Bill may thank himſelf for his Careleſſneſs.
192. Though a Bill be not indorſed, or the Indorſement not right, but ſome-
thing wanting in it, yet the Poſſeſſor is allowed to demand Payment, and the
Acceptor is obliged to make it, upon Delivery of the two Bills, if he will under
his Hand and Seal oblige himſelf to procure the third properly and truly in-
dorſed.
193. If, through Miſtake, the Words and Figures deſcribing the Sum in a Bill
of Exchange differ, the former are to be preferred, until further Advice clear up
the Diſagreement; as it is more natural to ſuppoſe that a Man may miſtake in
making a few Figures than in writing ſeveral Words, and the former at the Top
of the Bill only ſerving to expreſs an Abbreviation of the latter wrote at Length
in the Body, and are indeed the very Subſtance of it, and therefore more par-
ticular Regard ought to be had to them than the others; and for the ſame Reaſon,
though the Sum figured in the Letter of Advice and Bill do agree, the Words in
the Body of the Bill ſhould determine the Affair, at leaſt till the Certainty can
be known.
194. And if the Name of the Perſon to whom the Bill is payable ſhould be
altered, eraſed, or interlined before Acceptance, this will not juſtify the Accep-
tor's Refuſal to pay it when due to the Perſon whoſe Name has been ſo mended
or interlined, as he muſt or ought to have taken Notice of ſuch an eſſential Par-
ticular, when he accepted the Bill, and ſhould have ſtarted the Objection and
ſatisfied himſelf about it before accepting, as this obliges him to a Compliance,
even though he ſhould aver that the Amendment or Interlining was made after,
except he can prove it, which it will lie upon him to do.
195. If the Direction on a Bill of Exchange be forgot, but the Remitter adviſe
his Correſpondent on whom it was intended to be drawn, the Poffeffor may de-
mand Acceptance, and in Caſe of Refuſal proteſt againſt the Drawer, and recover
the Charges of him; and in Caſe the Perſon drawn on have a Letter of Advice
from the Drawer, defiring him to accept ſuch a Bill, he may ſafely do it, though
it comes without a Direction.
196. Another Method of exchanging, very different from all thoſe before-
mentioned, is that by Bills on Marts and Fairs, and though the Engliſh have
very little Concern in thefe Negociations, I have thought it not foreign to my
Deſign of giving my Readers a general Notion of Exchanges, to deſcribe the
Nature of thoſe particular ones; which I ſhall do in ſpeaking of a few of
the moſt conſiderable, and from theſe a juſt Idea may be formed of all the
Reſt.
197. There are many Fairs in Europe, where Buſineſs for very great Sums is
tranſacted; as at Lyons, Rheims, Rouen,
Bourdeaux, Troyes, St. Denis, Dieppe, Toulon,
&c. in France; Francfort (upon the Main), Leipzick and Naumbourg, in Germa-
ny; Bolzano, in the Ferol; and Novi, ſubject to the Genoeſe; with diverſe others
unneceſſary to be mentioned here; and (as I propoſed) I ſhall limit what I have
to fay concerning them in Regard of Bills, to thoſe of Lyons, Francfort, Leipzick
(or Leipzig) and Naumbourg, being the moſt conſiderable of all others.
198. There are yearly four Fairs at Lyons, in which each hath his Payment of
Bills, bearing the Name of the preceding Fair; the firſt is that of the Epiphany,
which always begins in January, the Monday after Twelfth-Day; the fecond
is Eaſter Fair, beginning on St. Niher's Day, in April; the third is Auguſt
Fair, which begins on St. Dominick's Day, in that Month; and the fourth is
the Fair of All-Saints, beginning on St. Hubert's Day, in November; and as
each Fair has its Payment, the major Part of the Bills on this City are not
made payable in Fair-Time; and though they ſhould be, they will only be
6 F
diſcharged


478
OF BILLS OF EXCHANGE, &c.
diſcharged afterwards in the Payment of that Fair, which Payments are regu-
lated as follows, viz.
199. The Payment of the Epiphany begins the firſt, and ends the laſt of
March; that of Eaſter begins the firſt, and ends the laſt of June; that of Augujt
begins the firſt, and ends the laſt of September; and that of All-Saints begins
the firſt, and ends the laſt of December; fo that when Bills are drawn to be paid
at one of theſe appointed Times at Lyons, that is not yet begun, the Drawer
ſays, Pay this my firſt of Exchange, &c. in the next Epiphany Payment, or in the
next Eaſter Payment, &c. but if the Payment is already begun, the Bill muſt
then be drawn payable in this current (or Preſent) Payment of Epiphany, or
this current Payment of Eaſter, &c.
200. It was cuſtomary formerly to make the Bills drawn from Amſterdam and
elſewhere, on the Payments of Lyons, in golden Crowns of the Sun; but as this
Specie has been long ſince decried in France, the preſent Ulage in Exchange is
to draw for the Payments of Lyons, as is practiſed on all other Parts of that
Kingdom, viz. in Crowns of lixty Sous.
201. The Bills, drawn in the above Manner, are to be accepted in the fix firſt
Days of the Payment they are made payable in, and the Perſon they are drawn
on is not obliged to declare whether he will or will not accept till the ſixth Day,
but after that Day the Bearer may proteſt them for Non-acceptance, though he
ſhould detain them during the whole Time of that Payment, to ſee whether any
one offers to diſcharge them, however the Proteſt ſhould immediately be for-
warded to the Remitters; and if any one pays a Bill of Exchange in the Time
of the Payment, before the fixth Day (or if this be a Feaſt, the Day following)
it will be at his own Riſque.
202. The Bearers of Bills not ſatisfied by the laſt Day of any Payment, muſt
proteſt them on the third Day after the Payment finiſhes, otherwiſe they will
loſe their Right againſt the Drawers; but if this is done in Form and in the
Time preſcribed, the Holder may afterwards refufe Payment from any one that
offers it, and take his Reimburſements on the Drawer, both for Principal and
Charges.
203. And the ſaid Poffeffors of Bills are obliged to take their Reimburſement
on the Drawers or Indorſers in a Time limited, viz. For all Bills drawn from any
Part of France, in two Months; thoſe which are from Italy, Swiſſerland, Germany,
Holland, Flanders, and England, in three Months; and thoſe which are drawn
from Spain, Portugal, Poland, Sweden, and Denmark, in fox Months, to be
counted from the Date of the Proteſt; and in Default thereof, they will loſe
their Right againſt the Drawers or Indorſers.
204. FRANCFORT has two annual Fairs of great Reſort, viz. the firſt is the
Fair of Eaſter, beginning the Sunday before Palm-Sunday, that is, fifteen Days
before Eaſter; and the ſecond is the September Fair, which commences the
Sunday preceding the Birth of the Virgin Mary (which is the 8th of September)
if this Feaſt happens on Monday, Tueſday, or Wedneſday; but if it falls out on
Thurſday, Friday, or Saturday, then the Fair does not begin till the Sunday
following, or on the Sunday which that Feſtival may fall on.
on.. can wel
205. Each of theſe Fairs laſts fifteen Days or a Fortnight; the firſt Week is
appointed for accepting, and the ſecond for paying the Bills of Exchange; the
Acceptance payable in Fair-Time is made from the Monday of its Opening to
the Tueſday of the ſucceeding Week at nine o'Clock in the Morning, after which
Hour the Poffeffor of a Bill is no longer obliged to wait for Payment, but ſhould
proteſt, or at leaſt note it for Non-acceptance, which indeed he may do from
the Moment that Acceptance is denied.
206. Bills on theſe Fairs were formerly accepted verbally, but they muſt now
be accepted in Form as other Bills are, by Subſcription of the Acceptor's Name,
with the Day of its Acceptance; and when a Biſl thus accepted is not ſatisfied
before Saturday Noon in the Week of Payment, the Bearer is obliged to proteſt
it for Non-payment, by carrying it to the Notary eſtabliſhed for that Purpoſe,
between two o'Clock and Sun-fet, that he may note it, after which he muſt
ſend the Proteſt per firſt Poſt.


207. LEIP-
OF BILLS OF EXCHANGE, &c.
479
207. LEIPZICK has three Fairs yearly; the firſt being called the New Year's
Fair, commences on the firſt of January (or on the 2d, if the firſt beon a Sunday ;)
the ſecond is at Eaſter, beginning always on the Monday three weeks from that
Feaſt; and the third begins the firſt Sunday after St. Michael, whether that Day
happens on a Sunday or not.
208. Theſe Fairs are opened on the appointed Days by the Ringing of a Bell,
and which rings again eight Days after to finiſh them ; ſo that theſe eight in-
termediate Days between the two Ringings is properly the Fair, and the Ac-
ceptance of Bills is demanded on the firſt or ſecond of theſe Days; but if the
Perſons on whom they are drawn have a Mind to defer their Acceptance till
the Week of Payment, they may; which Week begins immediately after the Bell
has rung to end the Fair, and laſts till the fifth Day following incluſive; fo that
the Bills on the New Year's Fair ought to be paid the 12th of January, and
thoſe on the Fairs of Eaſter and Michaelmas, the Thurſday in the Week of Pay-
ment, otherwiſe to be duly proteſted.
209. It is permitted to the Holders of Bills to proteſt them for Non-accept-
ance (immediately on Refuſal) but not to return them; on the contrary, they are
obliged to keep them till the Fair.is entirely finiſhed, to ſee if any one offers
Payment; and as what is called the Convoy of Nuremberg departs from Leipzick
at Ten at Night of the proteſting Day, there is no Room to make one after that
Hour, and the Poſſeſſors will forfeit their Right againſt the Drawers if they let
the Time flip. stili
210. NAUMBOURG holds a very conſiderable Fair yearly on the Feaſt of St.
Peter and St. Paul, which is commonly reckoned as the fourth of Leipzick,
becauſe the Generality of the Merchants attending the one have Recourſe to the
other: This Fair begins on the Feſtival of the ſaid two Saints, being always the
29th of June, and it only laſts eight Days ; Bills are accepted on the firſt and
ſecond Days of the Fair, and ought to be paid on the 3d of July at fartheſt, or
proteſted for Non-payment; but it is not cuſtomary to return them with the
Proteſt till after the 5th of the ſaid Month, on which Day the Fair ends; and
if the Bills are not then paid, the Holder may ſend them back by the firſt Poſt.
211. As the preceding Exchanges differ from all others, I ſhall here add a few
neceſſary Obfervations for the Government of thoſe who engage therein ; as
it is certain that the greateſt Part of thoſe who take Bills on Fairs do it with
the lucrative View of employing their Money to greater Advantage than common,
either by negociating the ſaid Bills when the Time of the Fairs or Payments ap-
proach, or by ſending them to the Places drawn on to be recovered and remitted
them, which is commonly done with a conſiderable Profit; but as there is indiſ-
putably a much greater Riſque in taking Bills on Fairs, than on Places where
their Goodneſs or Validity muſt be immediately known, thoſe who take them
on the former cannot act with too much Caution in Regard of the Drawers.
212. And the Reaſon is very apparent to any one who ſeriouſly reflects on ſuch
Negociations; for ſuppoſe I take a Bill of Exchange upon Lyons, payable at three
Ufances, dated the 22d of April, I can immediately ſend it forward, and in a
little Time have the Advice of its Acceptance, when I have two Debtors or Se-
curities, viz. the Drawer and Acceptant; whereas if I take a Bill of the fame
Date, payable in the Payment of Eaſter Fair, which finiſhes the 31ſt of July,
and is the fame Day, as the laſt of Grace or Reſpite, to the above-mentioned Bill
taken at three Ufances, and whoſe Succeſs (whether it will be accepted or not)
I cannot learn till about the 13th or 14th of July, becauſe (as I have before ob-
ferved) the Bills drawn upon the Payments of Lyons are only accepted during the
fix firji Days of Payment; now if from the 22d of April to the Beginning of July
the Drawer of my Bill fails, I have great Reaſon to believe it will neither be ac-
cepted nor paid; whereas if that drawn at the three Ufo's is not accepted, I ſhall
know towards the 8th or 9th of May, and may have my Recourſe againſt the
Drawer, who may be in a better Condition then to give me Satisfaction or Secu-
rity than on the i 3th or 14th of July, or the 10th or 11th of Auguſt, after
getting my Bill with Proteſt for Non-payment; and this may ſuffice for what
regards the Payments and Exchanges on Fairs.





I
213. I
480
OF BILLS OF EXCHANGE, &c.
made;
213. I have already quoted the Acts in Force relative to Inland Bills of Ex-
change, which have greatly altered their Nature from what it was before their
enacting; and I ſhall now mention a few tried Caſes concerning them and Foreign
ones, and but a few, as moſt of the Controverſies I have looked over about them
have been decided in Conformity to the different Obligations of every Perſon
concerned in the various Tranſactions of this Branch of Buſineſs, according as
they are ſtated in the preceding Sections of this Chapter.
214. A Writ of Error was brought on a Judgement by nil dicit in an Action
againſt the Drawer of an Inland Bill of Exchange, and it was objected that ſince
the Act of 9 Will. III. no Damage ſhall be recovered againſt the Drawer upon
a Bill of Exchange, without a Proteſt, and therefore the Action lies not, there
being no Proteft.
But Holt C. J. The Statute never intended to deliroy the Action for Want of a
Proteſt, but only to deprive the Party of recovering Intereſt and Coſt upon an In-
land Bill againſt the Drawer without Notice of Non-payment by Proteſt: For
before the Statute there was this Difference between Foreign and Inland Bills
of Exchange; if a Bill was Foreign, one could not reſort to the Drawer for Non-
acceptance or Non-payment without a Proteſt, and reaſonable Notice thereof :
But in caſe of an Inland Bill, there was no Occaſion for a Proteſt; but if any
Prejudice happened to the Drawer, by the Non-payment of the Perſon drawn
upon, and that for Want of Notice of Non-payment, which he to whom the
Bill is made ought to give, the Drawer was not liable; and the Word Damages
in the Statute, was meant only of Damages that the Party is at of being longer
out of his Money by the Non-payment of the Drawer, than the Tenor of the
Bill purported, and not of Damages for the original Debt: And the Proteſt
was ordered for the Benefit of the Drawer ; for if any Damages accrue to the
Drawer for Want of Proteſt, they ſhall be borne by him to whom the Bill is
and if no Damage accrue to him, then there is no Harm done him, and
a Proteſt is only to give a formal Notice that the Bill is not accepted, or is
accepted and not paid ; and if in ſuch Caſe the Damage amount to the Value
of the Bill, there ſhall be no Recovery, but otherwiſe he ought not to loſe his
Debt; but that ought either to appear by Evidence upon Non aſſumpht, or by
fpecial Pleading; and the Act is very obſcurely and doubtfully penned, and we
ought not by Conſtruction upon ſuch an Act to take away a Man's Right. And
the Judgement was affirmed per totam Curiam.
215. In an Action on the Caſe on an Inland Bill of Exchange brought by the
Indorſer againſt the Drawer, it was objected, that there was no Averment of the
Defendant's being a Merchant; but it was anſwered and reſolved by the Court,
that the Drawing of the Bill was a fufficient Merchandiſing and Negociating to
this Purpoſe.
216. Acceptance of a Bill of Exchange after the Day of Payment paſt is
uſual.
So Acceptance for the Honour of the Drawer, &c.
217. Tointitle the Party to an Action at Law in England againſt the Acceptor
of a Bill, it matters not whether there be a Proteſt ; but to intitle the Party to a
Recovery againſt the Drawer beyond the Seas or elſewhere, there muſt be a Proteſt
before a Notary Publick.
218. A Bill may be accepted for Part, when the Party on whom it was drawn
had no more Effects of the Drawer's in his Hands, though whenever this hap-
pens, there muſt be a Proteſt for Non-acceptance, if not for the whole Sum,
yet at leaſt for the Reſidue; and after Payment of ſuch Part there muſt be a
Proteſt for the Remainder, as the receiving Part of the Money upon a Bill does
no Ways weaken it.
219. It is aſſerted by Molloy, Scarlet, Marius, and others that have treated of
Bills of Exchange, that any Time before the Money comes due, the Drawer of
a Bill may countermand the Payment although it hath been accepted, and this is
uſually made before a Notary, though if it comes only under the Party's Hand,
they allow it to be fufficient, and in caſe of Diſcount, or Payment before it is
due, they ſuppoſe the Acceptor liable to pay it again in Caſe of a Countermand;
from


د
Salk. 12;
L. Raymond.
364, 474

Trin. 20.
Car, II.
in B. R.
OF BÍL LS OF EXCHANGE, &c.
481
from all which I muſt diſſent, as this abſolutely overſets the Validity of all
Acceptances.
220. When a Bill beyond Seas is accepted, and not complied with when due,
the Proteſt for Non-payment by a Notary is ſufficient to thew in Court here,
without producing the Bill itſelf; but if a Bill in England be accepted, and a
ſpecial Action grounded on the Cuſtom be brought againſt the Acceptor, at the
Trial the Plaintiff muſt produce the Bill accepted, and not the Proteſt, other-
wife he will fail in his Action at that Time; therefore it is moſt fecure that
a Bill once accepted be kept, and only the Proteſt for Non-payment be re-
mitted abroad.
221. If a Bill is not accepted to be paid when due, but for a longer Time,
the Perſon to whom the Bill is made payable muſt proteſt the ſame for not being
accepted according to the Tenor, yet he may however admit the Acceptance;
nor can the Acceptor, if he once ſubſcribes the Bill for a longer Time, revoke
Chis Acceptance, or blot out his Name, although it is not according to the Tenor
of the Bill; for by this Act he hath made himſelf Debtor, and owns the Draught
made by his Friend upon him, whoſe Right another Man cannot give away, and
therefore cannot diſcharge the Acceptance; and this Caſe will admit of two Pro-
teſts, if not three, viz.
1. One Proteſt muſt be made for Non-acceptance, according to the Time the
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 ſub-
ſcribed for.
222. A Bill was drawn payable on the iſt of January, and the Perſon to Per. L. C. J.
whom it was directed accepts it to pay on the iſt of March, with which the Pembertoon
Servant returns to his Maſter, who, perceiving this enlarged Acceptance, ſtrikes and Shute.
out the iſt of March, and puts in the 1ſt of January, and at that Time ſends the Paſc
. 33.
Bill for Payment, which the Acceptor refuſes; whereupon the Poſſeſſor ſtrikes B. R.
out the ift of January, and inſerts the iſt of March again : In an Action brought
on this Bill, the Queſton was, Whether theſe Alterations did not deſtroy the
Bill ? and ruled, that it did not.
223. A Bill of Exchange, payable to a Perſon or Bearer, is not affignable, ſo 1 Salk. 1 26.
as to enable the Indorſee to bring an Action, if Payment be refuſed; but when
it is made payable to a Perſon or Order, an expreſs Power is given thereby to
aſſign, and the Indorſee may maintain an Action ; and the firſt is a good Bill
between the Indorſer and Indorſee.
224. The Acceptance of a Bill, although after it is become due, is binding Cart heru's
to the Acceptants, an Action is maintainable thereon; the Effect of the Bill Rep. 460.
being the Payment of the Money, and not the Day of Payment.
225. When a Bill of Exchange is accepted, it is a good Ground for a ſpecial z Show. I.
Action upon the Cafe, but it doth not make a Debt, &c.
226. Indebitatus Aſſumpſit doth not lie againſt the Acceptor of a Bill of Ex-1 Salk. 23.
change, becauſe his Acceptance is a collateral Engagement, though it will lie
againſt the Drawer, and a general Indebitatus Aſumpſit will not lie on a Bill of Ibid. 125.
Exchange for Want of a Conſideration; and therefore there muſt be a ſpecial
Action upon the Cuſtom of Merchants, or an Indebitatus Aſſumpſit againſt the
Drawer for Money by him received to the Plaintiff's Uſe.
227. In the Caſe of Bromwich and Lades, it was faid by the Chief Juſtice
Treby, that Bills of Exchange were of ſuch general Uſe and Benefit, that upon
an Indebitat. Afumphit, a Bill of Exchange may be given in Evidence to maintain
the Action ; and by Mr. Juſtice Powel, that upon a general Indebitat. Aſſumphit,
for Monies received to the Uſe of the Plaintif, ſuch Bill may be left to the Jury
to determine whether this was for Value received or not. In this Caſe the De-
claration was on the Cuſtom of Merchants, and a general Indebitat. Aſumpfit
thereon.
See the Declarations and Exceptions to it, in the Caſe of Bellaſis and
Hefter, in i Lutwych, 1589.
6 G
228. If
482
OF BILLS OF EXCHANGE, &c.
Luc. 109.
228. If a Bill of Exchange is drawn on two or more Perſons in theſe Terms;
To Mr. A. B. and C. D. Merchants, in London, they ought both to accept the
Bill; for the Acceptance of only one is not complying with its Tenor, and it
ſhould be proteſted; but if it come directed to A. B. and C. D. or to either of
them; or thus, To A. B. or in his abſence to C. D. in this Caſe, the Bill being
accepted by either, it is ſufficient.
229. Bankers or Goldſmiths Notes are not to be accounted Caſh till receivep.
As for Example, A. draws a Note upon a Goldſmith, and ſends his Servant to
receive the Money, and to inveſt it in Exchequer Bills; the Servant gets B. to
give him Money for the Note, with which he purchaſed the Exchequer Bills
ordered; and two Days afterwards the Goldſmith failed; it was adjudged that A.
muſt anſwer the Money to B. as the Property of the Note was not transferred
to B. there being no Indorſement; and he could not have ſued 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 Cuſtom of Mer.
chants in the City of London, that Draughts on Bankers, payable to A. B. or
Bearer on Demand, ought to be carried for Payment on the very Day they are
received, and when it is conſidered that great Part of the Payments for the Pur-
chaſe of Shares in the public Funds or Stocks are paid by the Purchaſers in
Draughts upon their Bankers at the Inſtant of making the Transfer of the Stock,
I ſtill think it adviſable 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 of Law, it has been ſaid from the Bench, that if the Poffeſſor of a
Draught on a Banker does not keep it longer than twenty-four Hours after he
receives it, before he tenders it for Payment, and within that Time the Banker
ſtops Payment, the Drawer is obliged to pay the Money. The Caſe was as
follows. The Plaintiff took the Defendant's Draught on his Bankers, Brown
and Collinfon; the next Morning they ſtopt Payment, and the Defendant refuſes
to give Caſh for his Draught, alledging, that if the Plaintiff had preſented it for
Payment as ſoon as poſſible after he received it, the Bankers would have paid
it. Earl Mansfield obſerved, that the Whole reſted upon Cuſtom; and the
Queſtion 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 Lordſhip ſaid, it was unreaſonable to ſuppoſe, that
a Tradeſman ſhould be compelled to run about the Town with half a Dozen
Draughts from Charing-Croſs to Lombard-Street, and other Places, on the
ſame Day. The Jury were to conſider that twenty-four Hours was the uſual
Time allowed, and the Plaintiff kept it no longer from being paid, for the next
Morning the Town was alarmed by the Bankers ſtopping Payment. The Jury
however found for the Defendant.--Sittings at Guildhall after Eaſter Term, 1782.
Aud upon a new Trial, the Court of King's Bench confirmed the Verdict.
230. A Note is no Payment where there was an original and precedent
3 Salk. 118. Debt due, but ſhall be intended to be taken upon Condition that the Money
be paid in a convenient Time; but the taking a Note in Writing for Goods
ſold may amount to Payment of the Money, becauſe it is Part of the original
Contract.
231. A Servant of Sir Robert Clayton and Mr. Alderman Morris (but at
that Time actually gone from their Service) took up two hundred Guineas of
Mr. Monck, a Goldſmith (who knew nothing of his being diſcarded) without
any Authority from his quondam Maſters, who refuſing to ſatisfy Mr. Monck
for the ſame, he brought an Action againſt Sir Robert and Mr. Morris, and
being tried at Guildhall, it was ruled, per Keeling Chief Juſtice, that they ſhould
anſwer, and there was a Verdict for the Plaintiff; and though there were great
Endeavours uſed to obtain a new Trial, yet it was denied; the Court at Weft-
minſter being fully ſatisfied that they ought to anſwer, for this Servant had
frequently received and paid Caſh for them; and they were obliged to comply,
and paid the Money.
232. A Perſon who is no Merchant, drawing a Bill of Exchange, makes him
Witherley a
Sarsfield
within the Cuſtom of Merchants as to that Bill.
Mich. 2 Ann.

2 Vent. 310.
233. If
OF BIL LS OF EX C H ANGE, c.
483
Carth. 5.
Show, 264
Gardner.
Carth. 466.
Cales B. R.
ture.
Caſes B. R.
Harriſon.
Carth. 160.
197.
242.
Skin. 398.
6 Mod. 29.
233. If the Drawer mentions, for Value received, he is chargeable at Com- 1 Show. 125.
mon Law; but if no ſuch Mention, then you muſt come upon the Cuſtom of
Merchants only.
234. Concerning a Bill of Exchange being extended for the King, Judge- 2 Vent. 310.
ment for the Plaintiff notwithſtanding. Evans a Cramlington.
235. Part of a Bill of Exchange cannot be aſſigned ſo as to entitle the In- Hawkins a
dorſee to an Action ; if it were otherwiſe the Party might be vexed with as
many Actions as the Holder of the Bill ſhould think fit.
236. It is not neceſſary to prove a Proteſt made by a Publick Notary, for 213.
that would tend to deſtroy Commerce, and publick Tranſactions of that Na- 3 Sal. 70.
237. I promiſe to pay the Bearer ſo much Money on Demand, is no Bill of Caſes B. R.
Exchange, and declaring on the Cuſtom will not make it ſo.
346.
238. A Goldſmith's Note, accepted in Payment, ſhall not be a Payment, if 380.
the Party who gave it knew the Goldſmith to be in a failing Condition, for Ditto, 517.
ſuch Knowledge makes it a Fraud.
239. Infancy pleaded by the Drawer of a Bill of Exchange, and held a good Williams a
Bar, being drawn in the Courſe of Trade, and not for Neceffaries.
240. An Action was brought upon a Note, for the Payment of fixty Guineas 3 Sal.
when the Deſendant ſhould marry ſuch a Perſon, in which the plaintiff declared
as upon a Bill of Exchange, ſetting forth the Cuſtom of Merchants; and it Pearſon a
was held, that to pay Money upon ſuch a Contingency cannot be called Trading, Garret,
and therefore not within the Cuſtom of Merchants; and Judgement was given Combo 227.
for the Defendant.
241. A Note was in this Form: I promiſe to pay J. S. or Order, the Sum of Buller a
one hundred Pounds, on Account of Wine had of him. J. S. indorſed it, and Crips:
the Indorſee brings an Action againit the Drawer, and declares upon the Cuſtom
of Merchants; and doubted by Holt whether Action would lie, and adviſed with
Merchants, who declared that ſuch Notes had been in Uſe thirty Years, and that
they looked upon them as Bills of Exchange, but Cur. aviſare vult.
Holt declared he remembered when Actions on Bills of Exchange firſt began. Ibid.
242. A Note drawn by 7. P. whereby he promiſed to pay 12l. 10s. to J. W.
on a Day certain ; and he indorſed the Note for Value received to D. F. who
Carth. 269.
indorſed it to the Plaintiff for Value received, who brought an Action againſt
7. W. ſetting forth the Cuſtom of Merchants; and held the Action lay.
243. By this Statute it is enacted, that if any Perſon ſhall forge, or procure 2Geo. II. Cap.
to be forged, or aſlift in forging any (inter alia Bill of Exchange, Promiffory 25. S. 1.
Note for Payment of Money, Indorſement, or Aflignment of any Bill of Ex-
change, or Promiflory Note for Payment of Money, or any Acquittance, or
Receipt for Money or Goods ; or ſhall utter or publiſh, as true, any ſuch forged
Bill, &c. knowing the ſame to be forged, with an Intent to defraud any Perſon,
every ſuch Offender ſhall be guilty of Felony without Benefit of Clergy. And,
244. By this Statute, if any Perſon ſhall fally make, alter, forge, or procure 7 Geo. II.
to be falſly made, &c. or affiſt in fallly making, &c. any Acceptance of any
Cap. 22,
Bill of Exchange, or the Number or principal Sum of any accountable Receipt
for any Note, Bill, &c. or any Warrant, or Order for Payment of Money, or
Delivery of Goods, or ſhall utter or publiſh any ſuch falſe Acceptance, Bills, &c.
with Intent to defraud any Perſon; every ſuch Offender ſhall ſuffer as a Felon,
without Benefit of Clergy.
245. LETTERS OF CREDIT being a Species of Bills of Exchange, and equally
binding with them, I ſhall ſpeak of them under this Head, as the proper Place
for it; and preſume it will be needleſs to counſel my Readers to be very circum-
ſpect in giving them, as their Honour and Credit is as much concerned for the
punctual Re-payment of whatever Sums are advanced in Conſequence thereof,
as they would be for the Diſcharge of a Bill of Exchange.
246. Theſe Letters are of two Sorts, viz. General and Special, and both
given to furniſh travelling Perſons with Calh as their Occaſions may require;
they are commonly open or unſealed, and contain an Order from the Writer
to his Correſpondent or Correſpondents, to furniſh the Bearer with a certain
Sum,
Williams
Williams.
484
.
OF BILLS OF EXCHANGE, &c.
Sum, or an unlimited one; and the Difference between them is, that the former
is directed to the Writer's Friends at all the Places where the Traveller may
come (though it is now cuſtomary to give ſeparate Letters to each Place) and
the other directed to ſome particular one; obliging himſelf for the Re-payment
of whatever Monies ſhall be advanced in Compliance with the Credit given, on
producing a Receipt or a Bill of Exchange (which he thinks proper to have)
from the Perſon credited.
247. If any Money is advanced on either Species of theſe Letters and Bills
of Exchange given for the Sum on the Perſon who wrote them, he is obliged
to accept and pay the ſame; and in Caſe of Refuſal he may be compelled thereto,
rather than the Drawer, as the Remitter in the Loan of his Cah had more
Regard to his Correſpondent's Sufficiency than the Drawer's, whom it is probable
he knew nothing of; therefore, in this Reſpect, the Perſon giving the Credit
is to be reputed as the Drawer.
248. And as the Giver of theſe Letters is ſo obliged for the punctual Repaya
ment of the Money advanced, I repeat that he ought to be very cautious to
whom he gives them, more eſpecially thoſe without Limitation, as, in the
Hands of a diſhoneſt Perſon they may prove his Ruin ; and as it is hardly por-
ſible that he that requeſts the Credit ſhould be ignorant of what Caſh he ihall
want (at leaſt with a little Difference) I think the Compliment (for it can be
nothing elſe) of an unbounded Credit ſhould be excuſed, being really of no
Service either to him that pays, or him that receives it.
249. Advice by Poſt ſhould always follow a Letter of Credit, and Duplicates
of it accompany ſuch Advice; and it would be prudent therein to deſcribe the
Bearer, with as many Particulars as poſſible, for Fear he ſhould loſe, or be robbed
of his Credentials, and a Stranger reap the Effects of them. Theſe Letters are
wrote in various Forms, and though a Copy may be ſuperfluous to moſt of my
Readers, yet the Proſpect of its being Serviceable to ſome few, I hope, will
plead my Excuſe for adding it here.
London, the 3d of January, 1782.
SIR,
TH
HIS is deſigned to accompany (or kiſs your Hands by) Mr. John Stevens,
and to requeſt your furniſhing him with a thouſand Dollars of your Money
(or with as much Caſh as he ſhall require of you, if you give an unlimited Credit)
for which pleaſe to take his Bills on me, or on any other he ſhall think proper
to draw them; and I do hereby oblige myſelf for their punctual Diſcharge, and
remain,
Sir, your moſt humble Servant,
To Mr. Thomas Richardſon,
W. B.
Merchant, in Leghorn,
250. The Time of paying Bills is always ſettled between the Drawer and
Remitter, ſometimes on a certain fixed and appointed Day, or at Sight, or ſo
many Days after Sight, or ſo many Days, Weeks, or Months after Date; at
Uſance, half Uſance, Ufance and half, and two or three Uſos or Uſances.
251. A Bill payable at a certain Day, is due on the Day mentioned, according
to the Stile of the Place it is drawn on, not where it is drawn from ; ſo that a
Bill from Amſterdam, made payable at Hamburgh on the laſt Day of November,
is to be underſtood that Day of Old Stile, and vice verſa for a Bill drawn in the
fame Männer from Hamburgh to Amſterdam.
252. If Bills are made payable at ſome Days after Sight, their Acceptance is
dated on the Day they are preſented, and from thence the Days of their running
are counted; but if they are made payable at Sight, they are to be ſatisfied with-
out any Days of Grace to be allowed.
253. If a Bill be made payable ſome Weeks after Date or Sight, the Weeks
muſt be reduced into Days, and in counting theſe, the Almanack ſhould be
conſulted ; and if a Bill is drawn to be paid
one or two Months after Sight
or Date, then the Day of Payment falls on the ſame Day in the ſucceeding
Month, &c. from that in which the Bill was preſented or dated, although the
3
Months
OF BILLS OF EXCHANGE, &c.
485
Months differed in the Number of their Days. As for Example, a Bill dated
the 7th of January, and payable a Month after Date, is payable the 7th of
February (not the 8th) and a Bill dated the 30th of January, to be paid a
Month after Date, becomes due on the laſt Day of February, though this Month
hath not ſo many Days in it as the other.
254. And when a Bill is dated according to the Old Stile, payable a Month
after Date in a Place where the New Stile is obſerved, it does not always fall due
a Month after the Old Stile Date, as will be proved by ſuppoſing the Bill dated
the 25th of April, O. S. payable a Month after Date, in a New Stile Country,
and it does not fall due on the 25th of May, 0. S. (which is the 5th of June,
N. S.) but on the 6th, for when the Bill was dated it was the 6th of May, N.S.
which ought to be well obſerved, as this will make a Difference of two Days
in Leap-Years, and of three in others.
255. A Bill made payable a Month after Date from the 28th of February,
falls due on the 28th of March; but if it be dated ultimo Feb. then it is not
due till the ultimo March, and the ſame in June and July, as the one hath 30,
and the other 31 Days.
256. Bills made payable here at Sight have no Days of Grace allowed; but
if it is but one Day after Sight, the Acceptor may claim them, though this
ought not to be practiſed in Countries where the Reſpite Days are many.
257
To reckon the preciſe Time of a Bill's Payment (made payable after
Date) it is neceſſary to calculate the Difference between the Old and New Stile,
and to know what Uſance is in every Country; and for my Reader's Information
herein, the following Places obſerve the New Stile, viz. London, Amſterdam,
Dordrecht, Haerlem, Leyden, Rotterdam, and all the United Provinces of Hol-
land; as alſo Middleburgh, Uliſſingen in Zealand; Antwerp, Bruges, Dornick,
Ghent, Ryllel, Bruſels, Valenciennes, and all Brabant, Flanders, and Artois ;
Paris, and all France; Spain, Portugal, and all Italy; Augſburgh, Crembes,
Lints, Vienna, and ſeveral Places of the Empire; Breſlaw, and all Sileſia ; Colne,
Dantzick, Koning fourgh, Thorne, and all Poland.
258. The Places that obſerve the Old Stile are,
Ruffia, the Electorate of Brandenburgh, Denmark, Eaſt-Friezeland, Franc-
fort (on the Main), Geneva, and the Proteſtant Cantons of Switzerland, Ham-
burgh, and all Holſtein; Lubeck, and all Meclinburgh; Leipzick, Magdeburgh;
Naumbourgh, and all Saxony ; Riga, Stockholm, and all Sweden; Straſburgh, &c.
The Popiſh Electorates and Principalities of Germany obſerve the New Stile,
and the Proteſtant ones continue the Old; and as the Reaſon of this Difference
may not be ſo generally known, I beg leave to intrude ſo much on the Patience
of that Part of my Readers who are acquainted with it, as to inform thoſe that
are not, which I will do in a few Words.
Julius CÆSAR, deſirous of rectifying the erroneous Computation of Time
that had prevailed till then, undertook the Reformation ; and as the Year was
corrected by him, the Vernal Equinox (which reduces Day and Night to an equal
Length all over the Globe, except juft under the Pole) happened in 325 to fall
upon the 21ſt of March; and from this the Nicene Council (being then ſitting)
regulated the Terms for Eaſter's Obſervance. But Pope Gregory XIII. obſerving
in the Year 1582, that the Equinox was changed from the 21ſt to the 11th of
March, ordered ten Days to be deducted from the Calendar, and the 11th to be
.counted the 21ſt; which Edict was generally obſerved by the Nations acknow-
ledging the Supremacy of the See of Rome, but did not obtain univerſally, as
moſt of the Proteſtant Countries continued to reckon their Time as formerly;
and this gave Riſe to the different Ways of Computation that now obtain in
Europe, diſtinguiſhed by the Julian and Gregorian Calendars; and I have only
to add, that ſince the Time of Pope Gregory, the Equinox has changed a Day,
viz. from the 11th to the oth of March, ſo that the Difference between Old
and New Stile is eleven Days. Great-Britain and Ireland adopted the New
or Gregorian Stile by Act of Parliament, in the Year 1752.
6 H
USANCE
486
OF BILLS OF EXCHANGE, &c.
259. Usance from London to any part in France is thirty Days (this being
declared to be a Month in Regard of Exchanges in that Kingdom) whether the
Month has more or fewer in it.
Ufance from London, to Hamburgh,
Amſterdam,
Rotterdam,
Middleburgh,
Antwerp,
Brabant,
Zealand,
Flanders, And from theſe Places to London, is one
Calendar Month after the Date of the Bill.
Ufance from London to Spain,
Portugal,—And from theſe Places to London, is two
Calendar Months after Date.
Uſance from London to Genoa,
Leghorn,
Milan,
Venice,
Rome-And from theſe Places to London, is three
Months.
The Uſance of Amſterdam,
Upon Italy, Spain, and Portugal, two Months.
Upon France, Flanders, Brabant, Geneva, and upon any Place in the Seven
United Provinces, is one Month.
Upon Frankfort, Nuremberg, Vienna, Augſburgh, Cologn, Leipzick, and
other Places in Germany, upon Hamburgh and Breſlau, is fourteen Days after
Sight, two Uſances twenty-eight, and half Uſance ſeven.
Ufance from Dantzick, 'Koningſberg, and Riga, upon Amſterdam, is at one
Month’s Sight, though it is common to draw from the firſt at forty Days Date,
and from the others at forty-one, but oftener at ten and eleven.
And from Amſterdam on the ſaid Places, at a Month’s Date, without mention-
ing Uſance; though ſometimes at forty and forty-one Days; and ſometimes on
Breſlau at fix Weeks Date.
260. Moſt Nations have generally agreed to allow the Acceptor of a Bill ſome
ſmall Time for Payment, beyond that mentioned in the Bill, termed Days of
Grace, or Reſpite; but they as generally diſagree in the Number, and Com-
mencement of them.
At London, Bergamo, and Vienna, three Days are allowed; at Francfort (out
of the Fair-Time) four; at Leipzick, Naumbourgh, and Augſburgh, five; at
Venice, Amſterdam, Rotterdam, Middleburgh, Antwerp, Cologn, Breſlau, and Nu-
remberg, fix; at Naples, Denmark, and Norway, eight; at Dantzick, Koning/-
berg, and in France, ten; at Hamburgh and Stockholm, twelve; in Spain, four-
teen; at Rome, fifteen ; at Genoa, thirty. At Leghorn, Milan, and ſome other
Places in Italy, there is no fixed Number of Reſpite Days. Sundays and other
Feſtivals are included in theſe Days at London, Naples, Amſterdam, Rotterdam,
Antwerp, Middleburgh, Dantzick, Koningſberg, and in France; but not at Venice,
Cologn, Breſlau, and Nuremberg : At Hamburgh and in France, the Day on
which the Bill falls due makes one of the Days of Grace, but no where elſe.
261. At Venice no Bills are permitted to be paid by Indorſement, ſo that they
muit be payable to a certain Perſon, 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 theſe are ſhut, there are always ſome Days of Grace allowed the Acceptor
262. It was formerly agreeable to the Laws of Portugal, and I believe is ſtill
ſo to thoſe of Italy (though certainly quite contrary to Juſtice and Honeſty) for an
Acceptor to be freed from his Obligation in Caſe of a Drawer's Inſolvency before
Payment; but as ſome noted Trials on this Subject in the firſt-mentioned King-
dom

after their Opening.
OF BILLS OF EXCHANGE, &c.
487
teſted Bills ſhall be fix per Cent AB
dom ſeem to have altered the Laws for the better, I ſhall acquaint my Reader
both with the Occaſion and Succeſs of them.
263. Some few Years ago, a Gentleman from the City of London, drew ſome
Correſpondent at Liſbon, and died two or three Days after inſolvent;
the Bills were accepted, but on Advice of the Drawer's Death and Inſolvency, Pay-
ment was refuſed; and the Acceptor, ſheltering himſelf under the then ſubſiſting
Law, ſtood a Trial, on being ſued; but the Judge, having a Regard to the Cuſtom
of Merchants, gave a Sentence againſt him, and he paid
accordingly. However,
ſome Time after, a Merchant at Amſterdam drew two Bills on another at Liſbon,
which were indorſed by one here, to two ſeveral ones there, and were both
punctually accepted; but the Drawer failing, and the Indorſer likewiſe, the Ac-
ceptor refuſed Payment, which obliged the Poſſeſſors to ſue him for the Value,
and this they did in ſeparate Suits, carried on before different Judges, whoſe
Opinions were ſo oppoſite, that one of the Holders had a Sentence in his Favour,
and the other againſt him; upon which new Suits were commenced, and finally
determined for them, who accordingly recovered not only the Principal and
Charges of the Bills, but thoſe of the Law-Suits alſo; which ſeems to have fixed
the Point before conteſtable, and now placed it on a Par with what is obſerved in
the other Parts of Europe. And though there are ſome few in Italy who value
theinſelves on the Protection of the Laws to ſcreen them from a Payment under
the afore-mentioned Circumſtances, yet they thereby irreparably prejudice their
Character, and muſt not expect any future Credit ; ſo that thoſe who have any
Regard for either, act more like Merchants and honeſt Men, and diſcharge their
Acceptáncés whilſt they are able.
264. In--the Territories of the King of Denmark, no Bills muſt be made
payable after Sight for a longer Terin than two Months; and whatever proteſted
Bills are not ſued for in ſix Months from the Proteſt’s Date, ſhall loſe their
Kight as Bills of Exchange, and thence forward be only regarded as a Book Debt;
and all Law-Suits concerning thern muſt be concluded within a Year. It hath
long ſince been determined by a ſettled Rule among the Merchants at Copenhagen,
and confirmed by a Judgement in the higheſt Court, that the Charges on all pro-
Exchange and Re-exchange, with per Cent.
for Proviſion; and by a Placard of the 26th of Nov. 1731, Bill-Bonds (which
are a Sort of Inland Bills, and ordered in Lieu of Notes of Hand) were introduced;
they muſt be on ſtamped Paper, and drawn at three Months, but not to con-
tinue longer than four; they have a Right when proteſted like Foreign Bills of
Exchange, to bear an Intereſt of + per Cent. Monthly, and muſt be ſued for
within a Month after due.
265. Since I begun on this Subject of Bills a ſmall Diſpute has happened at
Leghorn about their Payment, which I ſhall juſt mention for my Reader's Infor-
mation. It has always been cuſtomary at that Place to pay them in Gold; but
Zechins have lately been ſo ſcarce there, as to bear a Premium of two or three
per Cent. above Silver ; to avoid which Expence ſeveral tendered Payment of
their Bills in the laſt-mentioned Metal, and not being admitted, ſome of them
were returned proteſted, which occaſioning a little Confuſion in their Com-
merce, an Application was made to the Regency, who (as I underſtand) deter-
mined that Bills ſhould be paid as uſual ; however, ſome here ſtill pretend to
have an Inſertion in all they take for their Payment in Gold, which Innovation I
preſume will wear off, as the Cauſe that occaſioned it ceaſes., And having treated
of every Particular relative to Bills, but their Form, that now naturally challenges
a Remark.
266. Bills of Exchange ſhould be wrote in a fair Hand, cleanly, and without
Miſtakes; their Stile admits of ſeveral Variations; as one or more Bills are
granted, of the ſame Tenour; Difference in the Time and Place of Payment;
or according to the Species it is to be made in; which the following Forms
may ſerye to illuſtrate.

London,
488
OF BILLS OF EXCHANGE, &c.
London, the 18th of January, 1782.
Exchange for 50l. Str.
AT
T Sight of this my only Bill of Exchange, pay to Mr. Yohn Rogers, or Order,
fifty Pounds Sterling, Value received of him, and place the lame to Account,
as per Advice (or without further Advice) from
Samuel Skinner,
To Mr. James Jenkins,
Merchant in Briſtol.
London, the 18th of January, 1782. Exchange for 10,000 Liv. To.
AT
T fifteen Days after Date (or at one, two, &c. Uſos) pay this my firſt per
Exchange, to Meff. John Rogers and Comp. or Order, ten thouſand Livres
Tournois, in Specie known to us this Day, Value of Dittos, and place the ſame
to Account, as per Advice from
Thomas Bencraft.
To Mr. Henry Kendrick,
Banquier, in Paris.
1)
DO
The ſecond
London, the 18th of Yanuary, 1782. Exchange for 10,000 Liv. To
AT
T fifteen Days after Date (or at one, two, &c. Ufos) pay this my ſecond per
Exchange (firſt or third not paid) to Mef. John Rogers and Comp. or Order,
ten thouſand Livres Tournois, in Specie known to us this Day, Value of Dittos
and place the ſame to Account, as per Advice from
ai noi bo
Thomas Bencraft.
To Mr. Henry Kendrick,
Botonors bus 9gaodoxa o alta istri
Banquier, in Paris.
2)

and in the third write (firſt or ſecond not paid) which Example may ferve for all
Bills.
London, the 18th of January, 1782.
Exchange for D. 1000.
AT Ufance pay this my firſt per Exchange to Mr. Ignatio ?
Tejtori (or to the
Procuration of Mr. Ignatio Teſtori) one thouſand Ducats Banco, Value of
Mr. Gregory Laman, and Place it to Account, as per Advice from
Nicholas Reubens.
To Mr. James Robottom,
Merchant, in Venice.
London, the 18th of January, 1782. Exchange for 1600 per ooo Rs.
AT T thirty Days Sight (or Ujance, &c.) pay this my firſt per Exchange to
Samuel Fairfax, Eſq. or Order, one thouſand fix hundred Mil Reis, Value
of Ditto, and place it to Account, as per Advice from
Jeremiah Tomlinſon.
To Meff. Brown and Black,
Merchants, in Liſbon.
London, the 18th of January, 1782.
Exchange for 2731. 155 St. at 35 Sc. 7 G. per. £. St.
AT two Uſos and a half
, pay this my firſt per Exchange, to Mr. Jofeph Jacobs,
or Order, two hundred and ſeventy-three Pounds fifteen Shillings St. at
thirty-five
e Shillings and ſeven Groots per Pound Sterling, Value of Mr. James
Merryman, and place it to Account, as per Advice from
John Johnſon.
To Mr. David Hill,
Merchant, in Amſterdam.
London,

LIBERO
I
OF BILLS OF EXCHANGE, &c.
489
London, the 18th of January, 1782.
Exchange for 2000 Dollars.
AT T Ufance pay this my firſt per Exchange, to Mr. Richard Redman, or Order,
two thouſand Dollars, Value of him, and place them to Account of W.M.
Eſq. and Co. as per Advice from
Abraham Moreton.
To Mr. Bartholomew Jermain,
Merchant in Leghorn.
N.B. Bills are drawn in the ſame Manner on Genoa.
London, the 18th of January, 1782.
Exchange for xx 2000. at 400 Reis per Cruſado.
, .
two thouſand Cruſadoes, at four hundred Reis per Cruſado, Value of Ditto,
and place them to Account, as per Advice from
Yohn Thomas.
To Mr. Richard James,
Merchant in Oporto.
London, the 18th of January, 1782. Exchange for fo. 108 10 Iriſh Str.
T thirty-one Days after Date, pay (in Dublin) this my firſt per Exchange,
to Meff
. Richard and Thomas Moore, or Order, one hundred and eight Pounds
ten Shillings, Sterling Money of Ireland, Value of Mr. Ezekiel Sampſon, and place
it to Account, as per Advice from
Nicholas Fairman.
To Mr. Chriſtopher Reynolds,
Merchant in Waterford.
A Bill drawn in French.
Marſeille, 31 O&tobre, 1782. B. M. 350.
A Nonante Jours de Datte, payez par cette premiere de Change, à l'Ordre
de Meff. Jean Jacobſon & Fils, trois Mil. trois Cent cinquante Marcs
Banco, Valeur en Compte.
Jean Martel.
A Monſieur
Monſ. Jacob Geraers,
A Hamburgh,
The Indorſements are as follow:
Pay to Mr. James Trotter, or Order, Value in Account. Stockholm, the 3d
of November, 1782.
John Jacobſon and Sons.
Pay to Mr. Levi Solomon, or Order, Value received. London, the ad of
December, 1782.
James Trotter.
The following is a ſecond Bill, in Italian.
Londra, 24 Feb. 1782.
per 600 d' 8r.
A
D Ufo pagate per queſta ſeconda di Cambio (una fol Volta) al mio Ordine,
pezze ſei Cento di otto Reale, Valuta Contoci (or Avuta del Medeſſimo)
ponendole come per la d’Aviſo addio
Thomas Deacon.
Al Sar. Pietro Cambanelli, à Livorna.
La prima per accettaz, in Mano di Sr. Fralli, &c.
6 I
London,

490
OF BILLS OF EXCHANGE; &c
1
London, the 18th of May, 1782.
Exchange for 3000 D.
T Uſance pay this my firſt per Exchange to yourſelves (or to your own Order)
three thouſand Dollars of eight Rials each, Gold or Silver, of the Currency
known to us this Day, Value of Mr. John Crew, which place to Account, as
per Advice from
Richard Bingbam.
To Meff. Patrick Janſen and Co.
in Madrid.
Patrick Janſen and Co.
When Bills are drawn at Ufance, or ſo many Days Date, the Acceptance muſt
be at the bottom of the Bill, as in that immediately preceding; but when they
åre drawn payable at fo mnany Days Sight, the Acceptance muſt expreſs the Day
it is made; and an Indorſer may divide a Bill, and make Part of it payable to
one, and Part to another, which is done in the following Manner : A. poffeffing
a Bill for 200l. Sterling, indorſes on the firſt 122l. payable to B. and on the
fecond 781. payable to č. and ſends the firſt to B. and the ſecond to C. ſo indorſed,
and on their
preſenting them to the Party the Bill is drawn on, he accepts the firſt
for the 1221. and the ſecond for the 781. in Conformity to their Indorſements.
In France, by an Ordinance of the King, in March, 1673, it is directed, that
the Nature of the Value received for Bills of Exchange ſhall be inſerted in them,
and expreſſly mentioned, whether it was in Money, Merchandize, or other
Effects, to prevent ſeveral Abuſes that had crept into this Branch of Commerce,
by the bare Inſertion only of Value received; for it was common to give a Note,
in Payment of a Bill of Exchange, both expreſſing Value received: And this
Method was found to be of great Prejudice to Trade, by occaſioning many
Failures, which the afore-mentioned Arret was intended to prevent. And in
Conſequence thereof, there are four Sorts of Bills of Exchange in that Country,
viz. the firſt expreſſing ſimply, Value received; the ſecond, Value received in
Merchandize; the third, Value in himſelf; and the fourth, Value underſtood. The
firſt and ſecond need no Paraphraſe, being both alike in their Negociation, and
their Diſtinction only anſwering ſome Ends that may occur between the Drawer
and Deliverer (in Caſe 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 Factor, to procure Acceptance and Payment; and as the
Acceptor is a Creditor of his, an Inconvenience might accrue to him, îhould
he inſert Value received, as his Friend or Factor might pretend that it belonged
to him, appearing by the Bill that the Drawer had received the Value., The
fourth is, when a perſon taking a Bill of Exchange from one on whoſe Credit
he cannot rely, gives the. Drawer his Acknowledgement of receiving the Bill,
whoſe Value he obliges himſelf to ſatisfy, on having Advice that the Bill is paid;
but if the Bill returns proteſted, it is again exchanged for the Note, the Drawer
defraying the Charges. The Times for which Bills are made payable are alſo
four, viz. At ſo many Days Sight, eight, ten, fifteen, &c. and the Time does
not commence running till the Day after it is preſented and accepted; ſo that a
Bill drawn payable at ten Days Sight, and accepted the laſt Day of April, is
not demandable till the 11th of May, and the Reaſon is, that the Day of Ac-
ceptance which is the 30th of April, is not counted, but the Reckoning begins
only on the iſt of May; the roth of May, on which the Bill expires, is not
counted neither, becauſe that the ioth does not finiſh till Midnight, and con-
fequently an Action cannot be brought againſt the Acceptor till the 11th of May,
which begins the Moment ſucceeding that on which the roth finiſhes; and in
Effect, if one begins to count from the iſt of May, and continues to the poth
at Midnight incluſive, there will be found no more than ten whole Days, which
is the Time the Acceptor had to pay the Bill in.
The ſecond 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 iſt of May,
which, according to what is ſaid in the preceding Caſe, is not demandable till
the fecond, as the Day of its falling due is never counted,



4
And
OF BILLS OF EXCHA N G E, &c.
491
And there is no Obligation to procure Acceptance to a Bill of this Tenour, as
the Time goes on whether accepted or not; butitis otherwiſe with the foregoing,
payable at ſo many Days Sight; though it is certainly more adviſeable 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 Ulance (which is according to the Places drawn'
on) double Uſance, or two Uſances, &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 ſame Reaſons ſubſiſt for ſolliciting its Ac-
ceptance as occurred then.
And there having been formerly many Diſputes about the Time of Bills falling
due that were drawn payable at Uſance, double Uſance, &c. the King by his
Ordinance has regulated it for the future, by making Uſance to be thirty Days,
whether the Months have inore or leſs in them, the thirty Days to be counted
from the Day the Bill is dated, and not to be demanded till that ſucceeding the
Expiration of the thirtieth, as has been obſerved in thoſe Bills. payable at ſo
many Days Sight, and at a Day certain ; but theſe Laws are only binding in
France, on ſuch Bills as are payable there, but not on thoſe drawn from thence
on other countries, where different Uſages and Cuſtoms are practiſed.
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.
When Honeſty reigned among the Merchants, theſe Bills, payable in Payment
at Lyons, were never accepted by Writing, he on whom they were drawn only
ſaid verbally, SEEN, and the Bearer noted it in his Book accordingly. The
Lyonnois practiſed this for a long Time without any Accident; but Integrity
became flack by the Corruption of the Times, and ſome Bankers having denied
that Bills had been preſented them, the Merchants for a greater Security now
have them accepted in Writing.
It was neceſſary that the Bankers and Merchants of Lyons, to eſtabliſh this
Diſpoſition in the Acceptations, and to reſtrain many other Abuſes committed
in their City, ſhould ſeek a Remedy, and therefore they propoſed a Regulation to
the Governor, &c. thereof, the which was approved of, and allowed by an Arret
of Council, and regiſtered in the Parliament of Paris in the following Words,
viz. “ That the Acceptations of the ſaid Bills of Exchange ſhall be made by
“ Writing, dated and ſigned by thoſe on whom they are drawn, or by Perſons
duly empowered by a Procuration, of which the Minutes ſhall remain with
“ the Notary; and all thoſe which ſhall be made by Factors, Deputies, and
“ others, not furniſhed with Procurations, ſhall be null and of no Effect againſt
“ him on whom they are drawn, ſave the Recourſe againſt the Acceptor.
This Regulation, which was only for the City of Lyons, proved a ſufficient
Remedy for the Abuſe that was committed by the Want of Acceptance to Bills ;
but this did not in any Shape remedy thoſe ariſing from a conditional Acceptance
in theſe Words, Accepté pour repondre au Temps (accepted to anſwer in Time)
for this is the ſame as ſaying nothing, and is contrary to the publick Surety;
becauſe a Merchant of Paris or other Places, drawing a Bill of Exchange on his
Correſpondent at Lyons, who ſhall have no Effects of his in Hand, and who
only accepting it with the Circumſtance, To anſwer in Time, not being willing
to advance for his Friend, when the Seaſon of the Fair, or Payment is come, if
Remiſſes are made to him, he pays a Creditor with a Debt, if he has the Op-
portunity, or elſe the Contents of the Bill are diſcharged at the End of the Pay-
ment; but if he has no Proviſion made him, he lets the Bill be proteſted; ſo
that a Merchent who does not underſtand this Cuſtom, 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 Time; whereas if he on whom the Bill is
drawn, accepts purely and ſimply when it is preſented him, he in whoſe Favour
it was, would have had immediate Security, and its Payment when fell due.
And however ſuitable to the Intereſt of the Lyonnois this Practice might be,
(as they generally accepted without Effects in Hand) yet as it placed them on





a dif,
492
0 F BROKERS, &c.
,
a differerent Footing from every other Trader in the Kingdom, it was judged
but reaſonable by other Merchants to find out a Method that ſhould put them
all on a Level, and oblige thoſe of Lyons to a pure and ſimple Acceptation ;
but though this was obſerved by ſome conſiderable Bankers, who drew their
Bills, or took them with the Inſertion of ſuch Words as would not adrnit of
Evaſion in the Acceptor, yet this did not anſwer the Intent, as many of Lyons
would not accept the Draughts on them in any other Manner than that formerly
mentioned ; therefore to remedy the Inconvenience and Diſorders which this
occaſioned in Trade, and to place all his Majeſty's Subjects on a Level, he
directed by his Ordinance, “ That all Bills of Exchange ſhall be accepted by
Writing purely and fimply; abrogating the Cuſtom of a verbal Acceptance,
“ or by thele Words, Veu fans accepter (leen without accepting) or accepted to
anſwer in Time, and all other conditional Acceptations, which ſhall be deemed
a Refuſal, and the Bills may be proteſted.”
I mention thoſe Circumſtances, in which I think moſt European Nations are
intereſted, as there is hardly one from whence a conſiderable Trade is not carried
on with Lyons, either in the Commercial or Banking Way.
And though the happy Improvement of our own Silk Manufactures has very
conſiderably leffened for ſome Years paſt our trading Engagements with that
powerful City, yet there ſtill remains ſuch an Intercourſe, as the Knowledge of
tranſacting Buſineſs there may occaſionally concern many of my Readers.
I have now done with Bills of Exchange, and exerted my Endeavours to reduce
every neceſſary Obſervation on them into as ſmall a Compaſs as the Nature of
the Subject would permit, conſiſtent with rendering myſelf intelligible, and
the Rules, I have laid down, clear and practicable; and though I might, with-
out incurring an Imputation of Prolixity, have ſwelled a Diſcuſſion of this im-
portant Article into a Volume inſtead of a Chapter, I hope, I have left nothing
unſaid that could contribute to my Purpoſe of clearing up every Difficulty which
might ariſe to my Readers in their Exchanging Buſineſs ; having carefully col-
lected and communicated the Sentiments of the beſt Writers in all Languages
on this Topick, ſo far as they were agreeable to that Experience which a long
Practice in this Branch of Buſineſs has furniſhed me with; and I fatter myſelf
that I ſhall not be accuſed of Vanity if I aſſert, that my Labours herein, and
Endeavours to have every Section ſuch as to ſtand the ſtricteſt Scrutiny, have
by far exceeded thoſe of other Writers that have gone before me, who either
have ſuperficially run over the Matter, or blindly propagated the Errors of one
another, through Ignorance or Sloth, which I have ſtudied to rectify, and I
flatter myſelf with Succeſs.
Before I treat of Arbitrations, I ſhall ſay ſomething of Brokers, as a proper
Appendage to the preceding Diſcourſe, though they are not ſo 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 greateſt Part
of that Buſineſs into the Hands of the Bankers in London, and in moſt of the
capital Cities of Europe.


Of Brokers.

B В
ROKERS are Perſons ſworn and authorized by the Magiſtracy of the
Place where they act, and ſuch are always regarded in Preference to
others, who interfere in theſe Negociations without being licenſed; as Credit
is given to the perſonal Evidence and to the Books of ſworn Brokers in all
Courts of Juſtice, and out of Court, in all Caſes of Arbitration or Compromiſe,
though it is not admitted from the others; and in moſt Places, thoſe who
illegally exerciſe the Function, are fined for acting without Permiſſion.
The Number of Sworn Brokers in London is unlimited; at Amſterdam there
are three hundred and ſeventy-five Chriſtians and twenty-two Jews, acting in
Trade
I
0 F B ROK E R S, &c.
493
-
Trade and Exchanges; beſides which, there are many who practiſe (as they do
here) unſworn and unlicenſed. The Number of theſe at Amſterdam, is more
than double that of the Sworn Brokers, and they go by the Name of Ambu-
latory Brokers, and it is obſervable, that a Merchant runs great Riſks in em-
ploying them, for in Caſe of Litigation, the Bargains and Contracts they have
made are liable to be rendered null and void.
It is the Duty of Brokers to be diligent, faithful, and ſecret, whether their
Dealings be in Exchange, or Purchaſes and Sales, as they are Mediators' in
all Negociations; and thoſe licenced may properly be called Publick ones, from
the Nature of their Buſineſs, which leads them to a general Employ between
Merchants, Traders, and Remitters. They are called at Amſterdam (as well as
here) Brokers (Courtiers or Mackelaers) though on the Coaſts of Provence, and
up the Levant, they are termed Cenſals, and at Paris, the Exchange Brokers
have, for about a Century paſt, bartered this Appellation for that of Agents;
and to render the Office yet more honourable, about fifty Years ago the Quality
of King's Counſellor was added to it, though the Buſineſs is the ſame, however
the Denomination may differ.
Thoſe who exerciſe the Function of Brokers ought to be Men of Honour,
and capable of their Buſineſs; and the more ſo, as both the Credit and Fortune
of thoſe that employ them may in ſome Meaſure be ſaid to be in their Hands,
and therefore they ſhould avoid Babbling, and be prudent in their Office; which
conſiſts in one fole Point, that is, to hear all, and ſay nothing; ſo that they ought
never to ſpeak of the Negociations tranſacted by Means of their Intervention,
or relate any ill Report, which they may have heard againſt a Drawer, nor offer
his Bill to thoſe who have ſpread it.
Before offering any Bills of Exchange, which a Broker is commiſſioned about,
he ought to aſk the Perſon he applies to, whether he wants Bills for ſuch a
Place, or hath Money to diſpoſe of ? and if the Merchant queries whoſe 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 diſcovered his Intentions to draw, or that he has
Bills to negociate, the Broker ſhould offer them, purely and ſimply, without
any Exaggeration in their Favour or Disfavour ; and if he to whom they are
propoſed refuſes them, with ſaying they do not ſuit him, it would be not
only improper, but impertinent in the Broker, to aſk the Reaſon of ſuch a
Refuſal, and the Height of Imprudence in him to amplify their Goodneſs, or
the Solvency of their Owner, in Order to induce the Refuſer to change his
Intentions, and take them ; on the contrary, he ought to take care never to
deceive the contracting Parties, but to be ſincere in all his Actions, without
uſing any Artifice to attain his purpoſed End in his Negociations; and above
all, he ſhould avoid offering Things for which he has no Authority, as he
may be taken at his Word, and have the Negociation remain for his own Ac-
count, to his no ſmall Diſadvantage (if known) both of Purſe and Credit; and
the ſame may happen in Purchaſes and Sales, as in Exchanges.
A Broker ſhould take Care in making an Agreement between two Perſons,
to be well aſſured of the Place to be drawn on, and when it is; where there is
a ſettled Uſance, he has nothing to treat of but the Price; though, in Cafe
the Parties agree on an Exchange for a place where the Time of the Bill's
Running is uncertain, that of Payment muſt be fixed, with every other Requi-
ſite to conclude the Bargain.
When a Broker has adjuſted a Remittance, he muſt enquire of the Remitter to
whom he will have the Bills payable, and ſhould always carry ſome Slips of
Paper on a Poſt-Day in his Pocket, on which to note it, as alſo 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 muſt give the Drawer, and enter a Dupli-
cate thereof in his Book, that may ſerve as a Teſtimonial, in Caſe of any Diſpute
between the contracting Parties.

-
6 K
It
494
OF BROKERS, &c.
1
It is the Broker's Obligation to call for the Bills, and carry them in Time to
the Remitter, though this is a good deal out of Uſe in this great Metropolis,
where the Merchant commonly ſends a Clerk with them, to leſſen the Broker's
Trouble.
A prudent Merchant will never attach himſelf entirely to one Broker for fix-
ing the Price of the Exchange, nor will prefer one to another in the Execu-
tion of his Commiſſion, either through Favour or Friendſhip, but he who
offers the moſt beneficial Terms ſhould be the Agent on that Occaſion ; and
by ſuch Behaviour he diſobliges nobody, but rather ſtimulates an Emulation
in them to procure his Advantage.
It is a great Fault in a Merchant whoſe Credit is not well eſtabliſhed, when
he has a mind to draw, to make Uſe of a Broker who is but young in, or
ignorant of his Buſineſs, and he who draws in Virtue of a Letter of Attorney
for another's Account is obliged to declare it to the Broker, who muſt in Con-
ſequence contract in the Name of the Conſtituent, and not in his who gave the
Order.
An Exchange once concluded with the Broker, or by his Mediation, ought
to be carried into Execution ; as it is both unfair and illegal for either the
Drawer or Remitter to retract their Words given. And if a Broker concludes
any Thing either without or exceeding Orders, more eſpecially at an inferior
Price, the Merchant has juſt Reaſon to reſent it (though the Broker offer's Sa-
tisfaction) as his Credit is concerned, and may be hurt beyond a Poſſibility of
Reparation.
The Bills of young Beginners may be offered by a Broker, but if he fre-
quently tenders ſuch as are notoriouſly in Diſrepute, he muſt greatly ſuffer in his
Reputation ; more eſpecially if he takes on him to recommend them; and if
he ſubmits to be employed by one he knows to be inſolvent, or near being ſo,
and endeavours to draw or remit for him when certain that his Bills will not be
anſwered, or he as a Remitter not comply with his Engagements, he ought to
be ſeverely puniſhed for his Knavery ; and his being deprived of any
future
Buſineſs is the leaſt he can expect, though the Puniſhment is not adequate to his
Deſerts.
A Broker ſhould never aſk more, nor admit leſs, than what the Law and
Cuſtom allows him; this for Exchanges in London is always one per Mil. for
each of the Parties concerned (though on Purchaſes or Sales per Cent.) and
at Aniſterdam the Tariff is ſettled at three Stivers for a hundred Guilders, the
Half payable by the Drawer, and the other Moiety by the Remitter, as follows,
viz.
1.
A thouſand Ducats on Venice
4
A thouſand Dollars on Genoa or Leghorn
4
A thouſand Ducats on Madrid, or any other Part of Spain
4 10
A thouſand Cruſados on Liſbon, or any other Part of Portugal
4
A hundred Pounds Sterling on London, or any other Part of Eng-
land, Scotland, or Ireland
A thouſand Crowns on Paris, or any other part of France
Though when the Exchange was very high, Brokerage was in Pro- !
portion, and formerly Guild. 4. 10. were paid on negociating the
thouſand Crowns.
A thouſand Rixdales on Francfort, Leipzick, or Breſlaw
3 IO O
A hundred Livres de Gros (or fix hundred Guilders) on Dant-
zick, Koningſberg, Anvers, Life, and all Flanders and Bra-
bant
A thouſand Daelders on Hamburgh (computed 1666 Guilders)
A thouſand Guilders on Rotterdam, and other parts of Holland
A thouſand Guilders Bank Money changed into Current
A thouſand Guilders of Gold changed into Silver, and per contra
Five hundred Livres de Gros for an Eaſt-India A&ion
6
And
S. d.
O
оооо
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I IO
I IO
0
O 18
Onded
2 IO
OOO
I IO
С на
O O O
O
O
3
OF BROKERS, &c.
495
And in Proportion on other Places of Exchange; not but that ſome Brokers
impoſe on People they find ignorant of the above-mentioned Regulations and
Cuſtoms, but this is a Cheat, which no honeſt Man will be guilty of.
At Paris Brokerage is . per Cent, and at Lyons forty Sols is commonly given
for three thouſand Livres Tournois, Half by the Taker and Half by the Giver of
the Bill; and at this laſt Place any one is permitted to exerciſe the Function of
a Broker, it being a free City .
At Venice Brokerage is per Mil. at Genoa per Cent, at Leghorn per Mil.
at Bologne i Șol per hundred Crowns; and in all other Banking Cities accord-
ing to what Government has ſettled.
What we have already advanced, is ſufficient with Reſpect to the Tranf-
actions of Exchange Brokers in general, and to give an Idea of the Nature of
their Buſineſs in foreign Countries, which is all that is neceſſary; for every
Merchant travelling to or reſiding in any great mercantile City of Europe muſt
make himſelf Maſter of the local Laws and Regulations of the Place with
reſpect to Brokers, and act accordingly; for theſe are liable to vary with the
Policy and Circumſtances of every Country, and therefore all printed Treatiſes
upon ſuch Subjects may become obſolete and uſeleſs. But the fame Reaſons
ſhould oblige the British Merchant to ſtudy all the Laws and Regulations
reſpecting Brokers in his own Country, on which Account we ſhall 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 eaſy for him to
add, and thereby to make this Treatiſe, the Standard for his Tranſactions with
Brokers.
Of Exchange and Stock Brokers in England.
VARIOUS Claſſes of Brokers are comprehended under the general Title of
EXCHANGE BROKERS, viz. Inſurance Brokers, Ship Brokers, Eaſt-India
Brokers, Stock Brokers, Auctioneers, &c. all of whom, if they tranſact Buſi-
neſs within the Juriſdiction of the City of London, muſt be duly ſworn and
admitted to act as Brokers by the Lord-Mayor and Court of Aldermen, other-
wiſe they are liable to a Fine and Suſpenſion, upon Information given to the
ſaid Court, that they tranſact Buſineſs without being ſo duly admitted.
Having already treated of Exchange Brokers, in the limited Senſe of that
Title, we ſhall proceed to INSURANCE BROKERS, whoſe peculiar Buſineſs it
is to bring together the Parties wanting to inſure Ships and Merchandiſe from
the Perils of the Sea, and the Inſurers or Underwriters; to ſettle the Pre-
mium, to pay or receive the ſame for the Parties concerned, to fill up the Poli-
cies, atteſt them, &c. They are likewiſe often called upon to draw up Charter-
Parties, particularly when they are to contain any ſpecial Conditions, as thoſe
Conditions often relate to, and are connected with the Inſurance.
SHIP BROKERS are employed in buying and ſelling Ships and Cargoes,
either by private Contract or by publick Sale, the latter is ſaid to be by
CANDLE, on Account of the Cuſtom of lighting an Inch of Candle at theſe
public Sales, and ſuffering the Bidders to bid no longer than till the Candle
is burnt out, in other Reſpects they do not differ from common Auctions. In
Time of War the Buſineſs of Ship Brokers is conſiderably increaſed by the Sale
of Prizes taken from the Enemy.
EAST INDIA BROKERS tranfact the Buſineſs by Commiſſion of purchaſing
the Commodities ſold at the Company's public Sales, and they are employed
by the Wholeſale Dealers in Linen, Silk, Teas, Spices, Drugs, China, &c.
Stock BROKERS are Perſons who confine their Tranſactions to the buying
and ſelling of Property in the public Funds, and other public Securities for
Money; and they are employed by the Proprietors or Holders of the ſaid
Securities. Of late Years, owing to the prodigious Increaſe of the funded
Debt of the Nation, commonly called the Stocks, they are become a very
numerous and conſiderable Body, and have built, by Subſcription, a Room
near the Bank, wherein they meet to tranſack Buſineſs with their Principals
and
496
OF BROKERS, &c.
and with each other, and to prepare and ſettle their Proceedings before they
go to the Tranfer-Offices at the Bank, the South-Sea and India-Houſes, there
by preventing a great deal of Confuſion at the public Offices, where the Con-
courſe of People is ſo great during the Hours of transferring Stock, that if the
Buſineſs was not prepared before-hand, it would be impoſſible to tranſact it
within the given Time.
But if the Buſineſs of Stock Brokers was confined ſolely to buying and ſelling
the real Property of their Employers in the Funds, there would not be Half
the Number that now follow this Profeſſion. It is therefore neceſſary to take
Notice that the Intereſt which Foreigners have in our Funds, particularly the
Dutch, gave riſe to Time Bargains, that is to ſay, to Contracts for purchaſing
and ſelling any Quantity of Stock to be delivered or adjuſted at a future Time.
The uſual Times for which Bargains, founded on real Property, and intended
to be ſettled bona fide, were made, were from three Months to three Months, four
Times within the Year, viz. in February, May, Auguſt, and November, and
theſe Periods of ſettling the Accounts of ſuch Time Bargains were called the
RESCOUNTERS, from à Dutch mercantile Term for adjuſting Accounts Cur-
rent between Merchant and Merchant. The Impoſſibility of aſcertaining whe-
ther the Commiſſions from Abroad given by Letters from Foreigners, or by
their Correſpondents here, to Brokers to buy and ſell Stocks for Time, were
founded upon real Property or not, gave birth to Stock-jobbing, or Dealing in
the Funds upon Speculation, and the Perſons that play at this Game (for
Gaming it is of the firſt Magnitude) whether Principals or Brokers, are called
Stock-jobbers.
They purchaſe or ſell for a given Time, frequently without being poffeffed
of any Property in the Funds they Bargain for, merely upon Speculation. For
inſtance: A. imagines that a Peace, or fome other advantageous national Event
will raiſe the Price of any given Fund within the Space of three Months con-
ſiderably above the Price of the Day on which he makes his Time Bargain :
On this Principle he gives his Broker Orders to buy a large Quantity to be
taken and paid for three Months from that Date ; when the Time expires, if
the Stock has riſen according to his Expectation, inſtead of taking it, for
probably it has been bought of a Perſon who had it not to deliver, he receives
from the Broker the Difference in Money, between the Price on the Day the
Bargain was made, and the Price at the Expiration of the three Months, and
this is his Profit: If, on the contrary, the Stock has fallen below the Price of
the Day on which he purchaſed for three Months, he muſt pay the Difference,
and this will be a loſing Account. It is computed that the Bargains on Stock-
jobbing Accounts made in the Courſe of a Year, exceed by many Millions the
Transfers made at the Books of real Property, and the Concluſion is apparent,
that great Fortunes are made and loſt by Stock-jobbing. It is to be obſerved
likewiſe, that the Brokers Job for their own Account, which occaſions fre-
quent Failures at the Stock-Exchange.
The whole Buſineſs of Stock-jobbing being contrary to Law, and many
Perſons acting 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 Admiſſion of regular Brokers, the Regulations
to which they are ſubject, and Abſtracts of the Laws in Force concerning them,
and Stock-jobbing; after which, if any further Information is wanting, we
muſt beg Leave to refer the Reader to a well-known Treatiſe on the Funds,
entitled, Every Man his own Broker *, as it would far exceed our Limits, and
go beyond the Plan of this work to diſcuſs the whole Art and Myſtery of
Stock-jobbing.
All Perſons, that ſhall act as Brokers within London, ſhall be admitted by
the Court of Mayor and Aldermen, under ſuch Directions for their good Be-
haviour as the Court ſhall think fit; and ſhall, upon their Admiſſion, pay to
* Every Man his own Broker, or a Guide to Exchange-Alley, explaining the Nature of the Funds, the
Art and Myſtery of Stock-jobbing, &c. by T. Mortimer, Esq. the ninth Edition, London, printed for
Robinſon, 1781, 12mo,
the
6 Ang, C. 16.
S. 4•
1
OF BROKERS, &c.
497
5.
the Chamberlain forty Shillings; and ſhall alſo Yearly pay forty Shillings upon
the 29th of September, for the Uſe of the Mayor and Commonalty and Citizens
of the City of London.
The principal Regulations eſtabliſhed by the ſaid Court, in Virtue of the
Powers veſted in them by the ſaid Statute are,
That every Broker upon his Admiſiion is folemny ſworn, 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 ſaid Office and
Employment, without Fraud or Colluſion, to the beſt of his Skill and Know-
ledge.
That he do enter into a perſonal Bond, under the Penalty of five hundred
Pounds, the Condition of which Bond recites the Duties ſworn to in the Oath
of Admiſſion, which, if well and truly performed, then the Obligation is
void, otherwiſe it remains in full Force.
A Silver Medal is likewiſe delivered to him, having the King's Arms on one
Side, and the Arms of the City of London on the Reverſe, with the Broker's
Name, and he is ordered to produce the fame upon every Occaſion, when he
is required to ſhew his Qualification.
If any Perſon ſhall take upon him to act as a Broker, or employ any under Se&t.
him to act as ſuch within the ſaid City, not being admitted, every ſu h Perſon
fhall forfeit to the Mayor and Com nonalty, &c. for every Offence twenty-
five Pounds, to be recovered by Action of Debt in the Name of the Chamber-
lain, in any of her Majeſty's Courts of Record.
Every Perſon employed as a Broker, Sollicitor, or otherwiſe, in behalf of Se&. 10,
any other Perſon, to make any Bargain, or contract for the buying or ſelling of
any Tallies, Orders, &c. or Intereſt in any joint Stock erected by Act of Par-
liament, or Letters Patent, or Bonds of any Company thereby erected, who
ſhall take any Money or Reward exceeding two Shillings and Sixpence for every
hundred Pounds, and ſo in Proportion, for his Service in ſolliciting or pro-
curing ſuch Contract or Bargain, ſhall forfeit twenty Pounds with Coſts, to
ſuch Perſon as will ſue for the ſame in any of her Majeſty's Courts of Record
at Weſtminſter.
All Contracts upon which any Premium ſhall be given for Liberty to put 7 Geo. II.
upon, deliver, accept, or refuſe, any public Stock or Securities, and all Wagers,
Puts, and Refuſals, relating to the preſent or future Stock or Securities, Thall
be void; and all Premiums upon ſuch Contracts or Wagers ſhall be reſtored
to the Perſon who ſhall pay the ſame, who ſhall be at Liberty, within fix
Months from the making of ſuch Contract, or laying ſuch Wager, to ſue for
the fame, with double Coſts; and it ſhall be ſufficient for the Plaintiff to
alledge, that the Defendant is indebted to the Plaintiff, or has received to the
Plaintiff's Uſe, the Money or Premium ſo paid, whereby the Plaintiff's Action
accrued according to the Form of this Statute, without ſetting forth the ſpe-
cial Matter.
Perſons, who by this Act ſhall be liable to be ſued, ſhall alſo be obliged to Sect. 2.
anſwer upon Oath ſuch Bill as ſhall be preferred againſt them in Equity, for
diſcovering any ſuch Contract or Wager, and the Premium given.
Every Perſon who ſhall make any ſuch Contract, upon which any Premium Sect. 4.
ſhall be given for Liberty to put upon, deliver, accept, or refuſe any public
Stock or Securities, or any Contract in the Nature of Puts and Refuſals, or
ſhall lay any Wager (except ſuch who ſhall bona fide ſue, ånd with Effect pro-
ſecute, for the Recovery of the Premium paid by them, and alſo except luch
as ſhall diſcover ſuch Actions in any Court of Equity) ſhall forfeit
five hundred
Pounds. And all Perſons negociating or writing ſuch Contracts, ſhall likewiſe
forfeit five hundred Pounds, which Penalties may be recovered by Action of
Debt or Information, in any of his Majeſty's Courts of Record at Weſtminſter;
one Moiety to his Majeſty, and the other Moiety to them who ſhall ſue for
No Money or other Confideration Thall be voluntarily given or received for Se&t. 5.
compounding any Difference, for the not delivering or receiving any public
6 L
Stock
C. 8. S. 1.
the fame.
the
498
OF THE PAR OF MONI E S.
Seat. 6.
Sect. 7.
Sect. 8.
Stock or Securities, but all ſuch Contracts ſhall be ſpecially executed ; and
all Perſons who hall voluntarily compound ſuch Difference, ſhall forfeit one
hundred Pounds, one Moiety to his Majeſty, and the other Moiety to them
who fhall ſue for the ſame,
No Perſon who ſhall ſell Stock to be delivered and paid for on a certain
Day, and which is refuſed and neglected to be paid for, ſhall be obliged to
transfer the ſame; but it ſhall be lawful for ſuch Perſons to ſell ſuch Stock
to any other, and to receive or recover from the Perſon who firſt contracted for
the ſame, the Damage which ſhall be ſuſtained.
It shall be lawful for any Perſon, who ſhall buy Stock to be accepted and
paid for on a future Day, and which ſhall be refuſed or neglected to be tranſ-
ferred, to buy the like Quantity of ſuch Stock of any other Perfon, at the
current Market Price, and to recover and receive from the Perſon who firſt
contracted to deliver the ſame, the Damages ſuſtained.
All Contracts which ſhall be made for the buying or transferring of Stock,
whereof the Perſon on whoſe Behalf the Contract ſhall be made to transfer
the fame, ihall not, at the Time of making ſuch Contract, be actually poſſeſſed
in his own Right, or in the Name of Truſtees, ſhall be void ; and every Per-
ſon on whoſe Behalf, and with whoſe Conſent any Contract ſhall be made to
fell Stock, whereof ſuch Perſon Thall not be actually poſſeſſed in his own Name,
or in the Name of Truſtees, ſhall forfeit five hundred Pounds, one Moiety to
his Majeſty, and the other Moiety to them who ſhall ſue for the ſame; and
every Broker, or Agent, who fhall negociate any ſuch Contract, and ſhall
know that the Perſon, on whofe Behalf ſuch Contract ſhall be made, is not
poſſeſſed of Stock, ſhall forfeit one hundred Pounds, one Moiety to his Majeſty,
and the other Moiety to them who ſhall ſue for the ſame.
Every Perſon receiving Brokerage in the buying or diſpoſing of Stocks, ſhall
keep a Broker's Book, in which he ſhall enter all Contracts, with the Names of
the principal Parties ; and ſuch Broker, who ſhall not keep ſuch Book, ſhall
wilfully omit to enter any ſuch Contracts, ſhall forfeit fifty Pounds, one
Moiety to his Majeſty, and the other Moiety to them who ſhall ſue for the ſame.
Nothing in this Act ſhall extend to any Contracts for the Purchaſe or Sale of
Stock, to be made with the Privity of the Accomptant General of the Court of
Chancery, in Purſuance of any Decree or Order of the ſaid Court.
Nothing in this Act ſhall hinder any Perſon from lending Money on Stock,
ſo as no Premium be paid more than legal Intereſt.
The above Act was made perpetual by 10 Geo. II. C. 8.
It was hardly poſſible to frame an Act, better calculated to ſuppreſs the per-
nicious Practice of Stock-jobbing, yet it is Thamefully violated, and that daily,
with impunity, juſtifying the Remark made by Foreigners, “ That we have
the beſt Laws of any Nation in the World, and the worſt executed.” How-
ever, the Merchant and the monied Man may learn one uſeful Leſſon from
attending to the Regulations concerning Brokers, and the Statute againſt Stock-
jobbing, which is, that he can have no Remedy whatever for any Fraud or
Colluſion, unleſs he employs a licenſed Broker. And that he may know which
are licenſed, he need not have Recourſe to a Sight of the Silver Medal, a
printed Liſt of the admitted Brokers being annually printed 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 moſt of the reputable Coffee-
houſes near the Exchange.
Sect. 9.
Sect. 1o.
Sect. II.
Of the Par of Monies.
COST of what has hitherto been wrote concerning the Par of Coin is
obſcure and confuſed: the greateſt Part of the Authors who have pub-
liſhed any Thing about it give the Par of Monies no longer current; however
it is a Thing not over difficult, as it only conſiſts in making the Compariſon
between the intrinſick Value of the Gold and Silver Coins of each Country,

4
and
OF THE PAR O F M O N I E S.
499
and the Price they paſs current at; it is therefore neceſſary that the exact
Weight and Standard of ſuch Monies be firſt known. The celebrated Sir Iſaac
Newton publiſhed a Tract of the Standard of foreign Coins, which was printed
at the End of Mr. Arbuthnot's Work; but ſo many Alterations have ſince been
nade in the Monies of France, Spain, and ſome other Countries, that it is
neceſſary to examine the laſt Arrets that have been publiſhed about them to clear
up this Particular. As for Example : The King of Spain, by a royal Decree,
raiſed the Piſtole from thirty-two to thirty-ſix Rials of Plate ; and by a ſub-
ſequent Decree, it was ordained that the Dollars ſhould be current in his Do-
minions at nine and Rials inſtead of eight, which they paſſed at before, and
theſe have ſince been raiſed to ten, and the Piſtole to forty Rials: Which Ob-
ſervation might be extended to ſeveral other Species, but this would be both
tedious and uſeleſs, we ſhall therefore give ſuch Examples only as will ſuffi-
ciently and clearly demonſtrate the Method by which all others may be
found out.
The Par of Gold Coin between London and Amſterdam.
Of i Mark of Gold of the Standard of 22 Carats are made in England 447
Guineas, as Sir Iſaac Newton demonſtrated to the Lords of the Treaſury on the
21ſt of September, 1717, each Guinea being then current at 21 Shillings and
Sixpence Sterling, but fince it has been lowered to 21 Shillings. At pre-
ſent 1000 new Holland Ducats weigh 14 Marks i Ounce and 11. Engels; each
Mark is of the Standard of 23 Carats and a Trifle more than 7 Grains, from
whence it follows, that there is as inuch pure Gold in 1000 Ducats as in 451,7
Guineas. Commonly in the Payınents that are made among the Citizens, a
Ducat paſſes in Holland for 5 Guilders and 5 Stivers current Money, and
according to this Proportion, an Engliſh Guinea, or 21 Shillings Sterling, is
worth 11 Guilders and 12 Stivers current Money, of Holland; or 948075 Shil-
lings Sterling are equal in Value to 5250 Guilders; or one Pound Sterling to
about 365. uid. de Gros current Money; or if the Agio be reckoned at 4
per Cent. it will be found very near 355. 3d. de Gros Bank Money.
The Par between London and Amſterdam of Silver Money.
According to the aforementioned Report made by the ſaid Sir Iſaac Newton,
in the Year 1717, 11o Ounces of pure Silver, and to of an Ounce of Alloy
made 62 Shillings Sterling; in Holland 200 Pieces of 3 Guilders weigh 25
Marks, 5 Ounces in Engels, and are of the Standard of 11 Pennyweights ;
or in 105239; Shillings Sterling there is as much fine Silver as there is in the
faid 200 Pieces of 3 Guilders, and the Value of 20 Shillings Sterling in 1717,
was near to 38 Sch. current Money of Holland.
If the Compariſon be made by Ducatons, or by Holland Rixdales, inſtead of
3
Guilder Pieces, it will be found very near the ſame Value; for if it be true
(as I am informed) that 200 Ducatons weigh 26 Marks 3 Ounces 15 Engels,
and their Standard is 1 1 Pennyweight; and if 200 Rixdales weigh 22 Marks
61 Ounces of the Standard of 10, Pennyweight; when the 3
Guilder Pieces
are fixed at 60 Stivers, the intrinſick Value of the Ducaton will be 63 Stivers 37,
Deniers, and the Rixdales 50 Stivers and almoſt 2 Deniers.
The Par between France and Holland for the Gold Coin.
A Mark of Gold Money, worth at preſent in France 720 Livres, is exactly
30 Louidors, and the Standard 21 Carats 7 or 7 Grains, we will take the
Medium when, at 21 Carats 7. Grains, each Louidor ought to weigh 51 En-
thoſe coined in the Year 1731 weigh 5 Engels and 10 Azen, which we
may deem the true Weight. In 1000 Holland Ducats there is then as much
pure Gold as in 4667: Louidors. If the Ducat is counted at 5
Guilders
5
Stivers
gels;
500
OF THE PAR OF MONI E S.
Stivers current Money, a Louidor, or 24 Livres French, is worth of Dutch Money
II Guilders 5 Stivers, and the 3 Livre Crown almoſt 56.4 de Gros current
Money, or 64 French Livres were (in 1731) of an equal Value with
30
Dutch
current Guilders, and 16 French Crowns of 6 Livres are at a Par with
15
three
Guilder Pieces; or 30 Ducats of Holland are worth 14 Louidors. The Propor--
tions I here give are ſufficiently exact; for if 1000 current Guilders are reduced
into French Money, there will be found by the ſaid Proportions only 's of a
Louidor, or of a French Livre, leſs than by the intrinſick Value;
French Livre are of a Guilder.
If the Agio of it per Cent. upon the Bank Money be taken, the Value of
3 French Livres will be a ſmall Matter leſs than 535 de Gros Bank Money.
The Weight of 1000 Louidors of the Sun is 33 Marks, i Ounce of the Stan-
dard of 21 Carats, 7 Grains (Koophandel van Amſterdam, 2de Deel, pag. ill.
ed. A. 1727) by which it is ſeen that they are near of equal Value with the new
Louidor.
4 of a
15
The Par between France and Holland of the Silver Money.
The King of France, by an Arret of the 25th of May 1726, fixed the Mark of
Silver Money at 49 Livres 16 Stivers, and ſince that Time, I believe, no Altera-
tion has been made, the Standard is almoſt 11 Pennyweights, and that of the
ancient Crown of 9 to the Mark was of 10 Pennyweights and 22 Grains (Traité
des Changes Etrangers, par Mr. Dernis, Paris 1726). At preſent in France
there are 6 Livre Crowns of 83 to the Mark, and it is ſaid that the Standard
is 11 Pennyweights. In making the Calculation it will be found, that in
200 three Guilder Pieces there is as much pure Silver as in 21373. French
Crowns of 6 Livres, or each of theſe Crowns worth pretty near 56: Stivers
current Money of Holland; this is very near the ſame Value which we have
found in the Gold.
The Silver Pieces of 24 Sols, coined in France 1726 and 1727, only weigh
3. Engels, and the Value in Dutch Money is 10 current Stivers.
Almoſt all Authors who have treated of a Par, have taken for a Foundation
that the ancient Crown of 3 Livres or of 9 in a Mark (by the Arret of the 16th
of September, 1666, Mr. Dernis, Pag. 4.) was worth 100d. de Gros of Hol-
land, or that the Mark of 11 Pennyweights French Money was worth 22 Guil-
ders 10 Stivers; but at preſent by the Pieces of 3 Guilders the Value of the ſaid
Mark is found to be 23 Guilders 7 Stivers, or that of a Crown of 3
Livres
103;d. de Gros current Money ; upon which Footing the Calculation may
be
made in the preſent Time; for it îhould be ſtated by the Rule of Three in-
verted; if, when the Mark of Money is fixed at 27 Livres, the Par is 103,d.
de Gros, how much will the Par be if the Mark is worth 496.
But it is
eaſier to make the Calculation by the Crowns, becauſe it is found at preſent
that there are 16 Crowns of 3 Livres in a Mark; ſo it is ſaid if 16. Crowns
are worth
23
Guilders and
7 Stivers current Dutch Money, how much ſhall
one Crown be worth; and it will be found as aforeſaid, a little more than
56 d. de Gros. In the Beginning of the Year 1726 the Par was at 67 d. de
Gros; it may be ſeen then, that it is very eaſy to find the Par, whether the
King of France riſes or falls the Price of the Coin. In Caſe that it changes
not only the Weight but the Standard, the direct Rule of Three ought to be
ſtated by ſaying, The ancient Standard is to the Par that is found, as the new
Standard is to the Par ſought for.
The Par between Liſbon and Amſterdam for the Gold Coin.
By an Ordinance of Monf. the Count de Daun, it is ſeen, that the old Loui-
dor of France weighed at Milan 5 Pennyweights and 12 Grains, and the Cru-
zado, of Liſbon 8 Pennyweights and 18 Grains ; 1000 of the ſaid Louidors
weighed in Holland 21 Marks 1 Ounce and 15 Engels, or each Louidor 4
5
Engels
OF THE PAR OF MONI E S.
501

Engels In Azen; according to this Proportion, the Cruzado ought to weigh
6 Engels 29. Azen; if the Standard is reckoned (with Sir Iſaac Newton) at
21 Carats
7
Grains, as the ancient Piſtoles of Spain and France were, (Koop-
bandel van Amſterdam, 2de Deel, Pag. 111 and 831) there will be found as
much pure Gold in 35870. Cruzados as in 1000 Ducats of Holland; and put-
ting the Ducat at 5 Guilders and 5 Stivers, the Value of a Cruzado will be 14
Guilders 13 Stivers and 1 Denier current Money; and becauſe the Cruzado paſſes
at Liſbon for 4800 Reis, 400 Reis are worth 487 d. de Gros current Money, or a
little more than 46 d. de Gros Bank Money, if the Agio be taken at 5 per cent.
or 47d. de Gros if the Cruzado weigh 7 Engels, as it is commonly reckoned.
This may be done by a yet ſhorter Method; for by the Ducat it is found, that
a Mark of the ſaid Čruzados is worth in Holland 338 Guilders 9 Stivers; and it
is ſaid, if 160 Engels are worth 338 Guilders 9 Stivers, how much ſhall 7
Engels and 29į Azen be worth? In a Book printed at Amſterdam, 16.30, in-
titled, Sleutel des Koopmans, Pag. 318, it is ſaid that the Par is 6377d. de
Gros.
A new Method to avoid the great Fractions.
In calculating the Par, or in making the Compariſon between Coins, great
Fractions frequently intervene. As for Example: We have found in 2101485
Engliſh Crowns of Ś Shillings Sterling, as much pure Silver as in 213711 French
Crowns of 6 Livres; or i Crown of 6 Livres has as much fine Silver
of an Engliſh one of 5 Shillings, but the working of this with ſo great a Fraction
being very troubleſome, it may be changed for a leſs Fraction that ſhall be almoſt
of the ſame Value, which may be expreſſed as in the following Problem.

as
2 2 4 3 2 0 2 4
2 27 28 29
may be
PROBLEM.
A great Fraction being given to find another, whereof the Denominator is leſs
than a certain Number given, ſo that the Value of the Fraction that has been
found, is the neareſt that can be to that given.
I change the Fraction given into another whoſe Numerator is Unity, and I do
the ſame with the Fraction which is found in the Denominator, and ſo on.
I neglect for a Moment the Fractions of Fractions that are found at the End,
and by that will be had all ſimilar Fractions, which are alternatively the one too
big and the other too little, as may be ſeen in the ſubſequent Example.
The Fraction given being ****
it is demanded which is the Fraction moſt
like it whoſe Denominator is leſs than 100.
But as I think our Author's Solution of his Problem is neither fo correct nor
clear as it ſhould be, I have attempted to make it plainer and more exact, though
before I proceed to the Operation, it will be neceſſary to premiſe the following
Lemma.
To find a Denominator to a given Numerator which ſhall make it the neareſt
Fraction to a larger Fraction before given, let the firſt given Fraction be denoted
by and the Numerator to the new Fraction be a, and its Denominator then
d'
ad
we have = therefore nx = ad andx=c, which put into Words gives this

12
X,
Rule.
ли !
Multiply the Numerator of the new Fraction into the Denominator of the
large one, which then divide by the Numerator of the great Fraction, and you
will have the Denominator you fought for your new Numerator: Now in Regard
to the Problem, firſt find the Fraction whoſe Numerator is Unity, that ſhall be
equal to 157, which by the foregoing Lemma will be expreſſed
if now you reject from the Denominator, the Fraction of Fractions, there is
6 M
the

I
I
7793
3T+7
4 9 9
IX.
2ZTIT
I
gô 2
OF THE PAR OF MONIE S.
1
the neareſt (though too great) to . when the Denominator muſt not exceed 4.
But as the Problem admits an higher one, we repeat the Operation, thus
I
where you only ſubſtitute for 4*99 its Value altered by the ſaid
I
I 4
21797
I
I
2
2777
I 4 9
97
2
2
(4 9
516 140
20
TO
Lemma to and rejecting ***: we have which is too great, but
2 5
the neareſt of any whoſe Denominator does not exceed 50, to the given Frac-
tíon; but the Work may be by the Condition of the Problem repeated again
and for 7*** writing to found as before, we have
from
5T15S
2
which leaving out tås there is
2 which is too big, though
577
51
it is the Fraction fought; for if the Work be again repeated, you will have a
Denominator which ſhall be 817.
N. B. It appears by Inſpection that the higher the Denominatoris, the nigher
you approach to the Truth (for there is leſs omitted in the Denominator) to at
laſt the Work would converge into the given Fraction.
Note alſo, that by the ſaid Lemma you may find a Fraction of a given Deno-
minator, which ſhall be neareſt equal to a higher given Fraction; and as this
is of a peculiar Uſe in fractional Works, I thall give the Rule it may
be
per.
formed by.
Multiply the new Denominator into the Numerator of the firſt given Fraction,
then divide by the great Denominator, and rejecting the Remainder as inconſi-
derable, your Quotient ſhall be your new Numerator. By this you may prové
the foregoing Work, for if you chuſe a Denominator 51 and would find a Nu-
merator to make it neareſt to
$147, then
51X3147
gives 20, as before found,
7793
7773
A Compariſon of ſome COINS.
Of SILVER.
London.
Amſterdam. If reduced will be found If reduced will be found
20 Crowns of 5 Shill. Ster. worth 19 Pieces of 3 Guil. Iooi. Str. leſs Sti. 1000 Guil. more to Shil. Str.
Paris.
Anfterdam.
Crowns. Dutch Mon.
French Mon.
26 Crowns of 6 Liv. worth 15 Pieces of 3 Guil. 1000 of 3. Liv. leſs şi Sti. 1000 Guild. more 81 Sols.
Or 337 Cro. of 6 Liv. worth 316 Pieces of Guil. 1000 of 3 Liv. leſs 1. Den. 1000 Guild.
more Sols.
Paris.
London. Crowns.
Erglift Mon.
French Mon.
76 Cro. of 6 Liv. worth 75 Cro of 5 Shill. Str. 1000 of 3 Liv. more 35d. St. 100l. Str. leſs 5# Sols.
3
Of GO 1 D.
London.
Amſterdam. If reduced will be found If reduced
worth 206 Ducats 100l. St.
more 4 Den. 1000 Guil,
will be found
leſs d. St.
93 Guineas,
Paris.
14 Louidors,
Amſterdam. Crowns Dutch Mon.
French Mon.
worth 30 Ducats 1000 of 3 Liv. more 31 Sti. 1000 Guil. leſs 5} Sols.
London.
zo Guineas,
Paris.
French Mon. Crowns Engliſh Mon.
worth
31 Louidors
100l. St. leſs 21ſ Sols 1000 of 3 Liv. more if St.
Though Mr. Ricard has not explained the foregoing Tables, I have judged
it neceſſary to do it, that they may thereby be rendered uſeful.
In the firſt Line, the 20 Engliſh Crowns are not worth quite 57 Guilders, there-
fore at that Rate 1ool. Sterling muſt produce leſs than it would have done had the.
100 Shillings and 57 Guilders been exactly equal, and for the ſame Reaſon muſt
make ſomething more Sterling Money; and to calculate the Deficiency of the
Guilders, firſt find what Part of a Guilder of a Stiver is, which is eaſily diſ-
covered to be į of to, or 2, or tg, and then the Stating will be,
*** "
As 100l.
-51.
Or as 201,
Therefore

il. to acco
4
OF THE PAR OF MON I É S.
503
3
Therefore the Guilders are only 56%. And by the ſame Reaſoning, the true
Differences of the 2d Line in the first, and of the third Line in the ſecond Table
may be diſcovered; but the others being of a different Nature, the Method for
them may be demonſtrated by the third Line in the firſt Table, where 76 French
wns of 6 Livres are worth a little more than 3755. Sterling; therefore rool.
Ster. muſt accordingly make the French Money leſs, and to find the real Value of
456 Livres in Shillings Sterling, ſay,
Fr. Cro.
d.
Fr. Cro.
As 1000 of 3 Liv.-37 or of a Shill.-76 of 6 Livres to the Sum ſought."
6
3)3000
3)456
81000
8)152
125
19
Then
13x19
247
which muſt be added to 375 Shillings to make the true
125x486000
Value of 456 Livres.
A Compariſon between fine Gold and Silver.
I ſhall not treat here of the Compariſon made between Gold and Silver by the
ancient Greeks and Romans, but commence my Account of it much nearer our own
Times. “Agricola ſays, that a hundred Years before he wrote, or about 1440, one
Part of pure Gold was given in Germany for thirteen ſimilar Parts of pure Silverb.
In the Year 1457, it was regarded as a ſettled Price, that had (notwithſtanding
the ſeveral Alterations in the Coins) ſubſiſted for ſome Time; the giving 84 Pen-
nings of Landſberg Money for a Guilder of the Rhine, "100 of theſe Pennings
weighing a Mark of Erfurt, the Standard was 2: Pennyweights d; if the Mark
of Nuremberg weighed at that Time 152 Engels '; the Mark of Erfurt would be
about 149 Engels that Weight', or the Guilder of the Rhine 23 of fine Silver.
In the Year 1461, the Mark of Silver at Erfurt contained 755 Rheniſh Guilderss,
or the Value of the ſaid Guilder a little less than 21 Engels pure Silver. In the
Year 1528, a Mark of fine Gold of Nuremberg was worth 95 Guilders of the
Rhine, and a Mark of fine Silver a little more than 8.1 Guilders of the Rhine
called golden Ones not coined ; " ſo that 11 Marks of pure Silver were worth
one Mark of pure Gold.
Gold. In the golden Guilder of the Rhine there were 21'En-
gels that Weight, of fine Gold', or the Guilder of the Rhine at that Time was
eſteemed as I Ounce of pure Silver ; from that Time to the preſent, the Price
of Gold in Regard to that of Silver is augmented in theſe Parts, about : An
Author aſſerts, that in 1390, Gold, in Reſpect to Silver, had four Times leſs
Value than in 1687", but the Error proceeded from this, that he made no Diffe-
rence between the preſent Holland Guilder and the ancient one of the Rhine.
In the coined Silver in England was on ſuch a Footing, that 15735
Marks of pure Silver was of the fame Value with a Mark of pure Gold; in France
15
Marks of fine Silver was reckoned as a Mark of fine Gold; in Holland 145
Marks; in the Eaſt-Indies (in ſome Places) 12 Marks ; as in the Kingdom of Siam
in 1688. (Deſcription du dit Royaume par M. de la Loubere, P. 221, Amft. 1770.)
And in China and Japan about 10 Marks. Suppoſing the Value of Silver to be
fettled, that of Gold it is ſeen was greater in England than elſewhere; Strangers
inade their Payments in that Metal; but becauſe Silver was more valuable abroad,
the Engliſh fent their’s to Foreigners; and for this Reaſon the Silver Coin be-
came to ſcarce at home, as to occaſion the diminiſhing the Value of the Guinea,
by lowering it to 21 Shillings, as has been before obſerved; for by Trade, Gold
and Silver would naturally paſs from thoſe Countries where their Value was lefs,
to them where it was higher.
Dan. Angelocra. doctri. de ponder. Monet. Cap. 2. Pag. 28 and 29. Francf. A. 1628. vId, de pretio Me-
tallorum, P. 29. Hartungi Kamermeiſteri Annales Erfurtenfes col. 1223. Vide Menkenii Scriptor. Rerum Ger-
man. Tome 3. Leiph A. 1730. did. Col. 1186. Angelocra. P. de pretio Metal, Pag. 47. !d. Pag. 26.
ex Agricol. & Annal. Erfurt. Col. 1231. Angelocrat. P. 65. ex Bilib. Pirckheim. æftimatio priſcorum
Nummorum. Angelocra. ex Agricoli & Airckh. P. 34 and 65. * Simon de Vries Groot Hiſtoriſch Magazyn,
Pag. 580, Amft. P. 1688.

1717,

In
504
OF T H E PAR OF MONIE S.
In 1900 Dutch Ducats there are 334 Carats 9: Grains of pure Gold, and if theſe
are worth 5250 Guilders, how much ſhall 24 Carats be worth? and the Anſwer will
be 367 Guilders and 7 Stivers, the Value of a Mark of pure Gold in Coin. We
have before found by the Dutch 3 Guilder Pieces that a Mark of 11 Pennyweights
pure is worth 23 Guilders and 7 Stivers current Money; and the Mark of fine
Silver has been found worth a little leſs than 25 Guilders and 9. Stivers. In the
fame Manner it is ſaid, if 21. Carats of pure Gold are eſteemed in France at 720
Livres, how much thall 24 Carats be worth? and, if 11 Pennyweights of fine Silver
are worth 499 Livres, how much ſhall 12 Pennyweights be worth? By Diviſion it
will be found as follows; ſuppoſing that in the Engliſh Silver Coin there had
been no Alteration made ſince 1717.

England 15 Marks 1 Ounce 13. Engels,
In France 14 Marks 5 Ounces 13 Engels, Sfine Silver for i Mark of fine Gold.
Holland 14 Marks 6 Ounces 4 Engels,
From whence it is ſeen that Mr. Dernis, Page 2, and Mr. Wiertz are not exact,
becauſe they ſay, that the Proportion between pure Gold and Silver in Holland is
fixed at 14'; and it is alſo found in this laſt-mentioned Author, Pag. 491, that
the Mark of fine Gold is fixed in Holland at 355 Guilders current Money, which
is very true; but if the Value of a Ducat is taken to be 5 Guilders 5 Stivers, as it
commonly paſſes, there is an Agio of 6 per cent. in the Specie of Ducats ; I
know very well that theſe riſe and fall a Trifle; but the Agio on Gold muſt not
be neglected, otherwiſe the Ducat is never worth above 4 Guilders 19 Stivers.
This I think ſufficient to give an Idea of the Par of Monies, and I ſhall finiſh
it with an Inſtance of an arithmetical Queſtion abbreviated, concerning Spaniſh
Wool; as it is ſomething curious, and may be inſtructive.
It is known to all concerned in that Trade, that the Wools of Germany and
Poland are ſold at Amſterdam with an Allowance of fifteen Months Diſcount, and
one per Cent. for prompt Payment; for which the Merchants deduct exactly a
* Tenth ; and for thoſe of Spain 24lb. are always allowed for Tare on 175 lb. be.
fides a Deduction of twenty-one Months Diſcount, and one per Cent. for prompt
Payment; and in order to inveſtigate a ſhorter Method for calculating theſe
Abatements on the Spaniſh Wools than has hitherto been practiſed, without
neglecting the Fraction which is often found in the Tare, our Author (Mr.
Samuel Ricard) invented the following Rule.

Rule.
iſt. Multiply the Pounds by the Price, and from the Product ſubtract a quar-
ter Part, and the Remainder will be expreſſed by A.
2d. Take i per Mil. from A. and the roth muſt be deducted; the Remainder
will be B. The Difference of A. B. will be the Sum fought for, which will fur-
paſs the true Anſwer upon 11000 Guilders about half a Stiver.
3d. To correct this, there muſt be taken away from the Guilders of B. ş, and
ſubtract as many Deniers as there are of Guilders for the Remainder, and it will
come to about 1, Denier too little on 1,000,000 Guilders Worth of Wool.
Example

It is demanded how much ought to be paid for ſome Bales of Wool, which
weigh (after the Tare marked on the Bales is deducted) 9975lb. Tare 241b. on
175lb. and each lb. at 31 Stivers, with twenty-one Months Diſcount, and one
per Cent. for prompt Payment? The Anſwer is 11,772 Guilders, 6 Stivers, and
12 Deniers.
I
Solution.
OF ARBITRATIONS OF EXCHANGE.
505
Solution,
IO: 12: I
9975
Guild. II :15:10
A.Guild. 11782 : 19:6
29925
To 1:
1: 3: 9
B. Guild.
4987:8
B. Guild. 10 : 12 :
Guild. 11772 : 7:5
210)31421/2 : 8
Correction
:9
Guild. 15710 : 12 : 8
Anſwer, Guild. 11772 : 6 : 12
3927 : 13 : 2
I
:
1
A. Guild. 111782 : 19:6
20
151659
16
101550
Of Arbitrations of Exchange.
Sam. Ricard,
de
Commerce,
Traité des
RBITRATION (a Conſtruction of the French Word Arbitrage) in Monf. De la
A
Exchanges, has been variouſly defined by the ſeveral Authors who have Port, Science
des Négocians.
treated of it.
One ſays it is a Combination or Conjunction made of many Exchanges, to Traité ger.
find out what Place is the moſt advantageous to remit or draw on.
J. Laru. P.
Another deſcribes it, by ſaying it is only the Foreſight of a conſiderable Ad- 545.
vantage which a Merchant ſhall receive from a Remittance or Draught, made Monf. de
Mondotteguy
on one place preferably to another.
A third conſtrues it to be a Truck which two Bankers mutually make of their Arbitrages;
Bills upon different Parts, at a conditional Price and Courſe of Exchange.
Mr. 7. P. Ric
card, le Né.
According to a fourth, it is the Negociation of a Sum in Exchange, once or goce d'Amfier-
oftener repeated, on which a Perſon does not determine till after having examined dam. P. 640.
by ſeveral Rules, which Method will turn beſt to Account.
And though theſe ſeveral Diſtinctions are couched in different Terms, they
ſeem (if rightly conſidered) to have the ſame Meaning, whereof ſome may be
counted the Text on which the others ſerve as Comments or Expoſitions.
Before any Perſon applies himſelf to the Study of this Subject, it is neceſſary
that he ſhould be well ſkilled in all the practical Operations, in Regard to the re-
ducing of the Sterling Money of England into the foreign Monies of Exchange,
and of Account of all Places of Europe, according to the direct Courſes of Ex-
change eſtabliſhed for theſe Purpoſes, and vice verſa.
Alſo, that he should 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 direct eſtabliſhed Courſes of Exchange,
but is under the Neceſſity of making Uſe of the intermediate Exchange of
other Places : Together with the Nature of the Agios, and the Manner of con-
verting their Bank Monies into Current, and the Reverſe.
That he ſhould be able to calculate the Par of all Foreign Monies throughout
Europe with thoſe of every diſtinct Country, either according to the direct, or
intermediate Exchange; which makes a much greater Variety of Caſes, than
thoſe who are not thoroughly acquainted with this extenſive Subject can
imagine.
It is neceſſary likewiſe, as a Preliminary to the Practice of Arbitration of
Exchanges, to know the intrinſic Value of Foreign Coins, according to the
moſt accurate Aſays which have been made for that Purpoſe.
6 N
Finally,
506
OF ÀRBITRATIONS OF EXCHANGE.
Finally, it is requiſite to underſtand the general natural Cauſes of the Rife
and Fall of the Courſes of Exchange between Nation and Nation, or between
one trading City and another in the fame Nation.
Arbitrations are divided by the Writers on them into Simple and Compound,
of which I ſhall ſuccinály give ſome Examples, and endeavour, as plainly as
I can, to illuſtrate ſuch Rules for their Operation as may render it eaſy both
to the Apprehenfion and Performance; my Predeceffors having conſigned me
this Taſk by unanimoufly leaving the Solution of their Queſtions too much in
the Dark to be comprehended by moſt of their Readers, as they have contented
themſelves with replying to the Queries, without thewing their Method of
performing, and have thereby rendered abortive their pretended Deſign of con-
veying Inſtruction ; which could no otherwiſe be done than by a Delivery of
their Ideas and Conceptions in ſuch a Manner as might leave them open, and
eaſy to be followed and practiſed.
A Simple (or Single) Arbitration, is to be wrought by the Direct, or Inverted,
Rule of Three; and to diſtinguiſh which of theſe Rules is to be uſed in working
any Queſtion relative thereto, it muft be obſerved :
1. That an Arbitration muſt be cyphered by the Direct Rule of Three when
the firſt Term of the Stating is more than the third, and that the Quotient is leſs
than the middle Term. And,
2. This Rule muſt be uſed when the firſt Term is leſs than the third, and the
Quotient is more than the middle one.
And the two following Remarks will thew when the Indirect, or Inverted
Rule, is to be followed.
iſt. The Question muſt be worked by the Inverted Rule of Three when the
firſt Term is leſs than the third, and the Quotient leſs than the middle
Number.
2d. The Operation muſt be by this Rule, when the firſt Term is more than
the third, and the Quotient more than the middle Term.
And whether the Arbitrations be ſimple or compound, a Price of Exchange
muſt always be ſuppoſed, when a Reimburſement is ordered on any other place
than that from whence it is directed.
Whatſoever Number of Figures enter in a compound Arbitration Queſtion, the
firſt and laſt ntuſt be of the fame Specie, and the Rules muſt be commenced by
the Species fought for.
Theſe Maxims being well underſtood, and applied to the Examples, will
facilitate the Operation of the Rules of Arbitration to thoſe who pay any Atten-
tion to them.
And as the Uſe of fome Characters inſtead of Words will conſiderably abbre-
viate the Work in the Solution of the ſubſequent Examples, I have employed
them to this Purpoſe, and ſhall here explain them once for all.
x fignifies multiplied by, as 10 x 54, is 1o multiplied by 54.
A Number above a Line, with another under it, ſpecifies that the uppermoſt
muſt be divided by that beneath, or the Numerator by the Denominator, from
whence
24x67x19
ſignifies, that 24 multiplied by 67, multiplied by 19, muſt
15 x 28 x 12
be divided by 15 multiplied by 28, multiplied by 12; and _54 denotes, that
234751
54 is to be divided by 234, increaſed by
ſignifies, equal to, as 10=5*2=8x.
This premiſed, I proceed to my propoſed
Firſt Ex A M P L E.
A. of Lyons orders B. of Cadiz to draw upon him at 76 Sols per Dollar, prom
vided at the ſame Time he can reinit him on London, at 42d. Sterling alſo per
Dollar, but as B. drew at 757, it is demanded at what Exchange he may
remit
on London to complete this Order ; and this is anſwered by the Direct Rule of
Three as follows:
I 51
793
If
OF ARBITRATIONS OF EXGHANGE.
507
1
If 76 Sols give 42d. Sterling, what ſhall 75. Sols give?
42
150
300
21
76)3171(41 d. Ster. Anſwer.
304
131
76
55
Second EXAMPLE.
A. of Oporto had Orders to draw on Rouen, at 490 Rees per Crown of 60 Sois,
6o
provided he could at the fame Time remit on Leghorn at 770 Rees per Dollar ;
but as on Receipt of the faid Order he could get no more for his Bill than 488
Rees, it is demanded at what Price he ought to remit on Leghorn, to recom-
penſe the ſaid Diminution in his Draughts; which is folyed by the Inverted Rule
of Three, in the following Manner.
If 488 Rees
-770-490
770
34160
3416
490) 375760(766 For the Anſwer.
343
327
294
336
294
42
Third Ex A M P L Ë.
To be anſwered by the Double Rule of Three.
A. of Amſterdam orders his Friend at Madrid to remit him upon Lyons, at 64
Sols Tournois for a new Dollar of 340 Maravadis, and to draw upon him at rood.
de Gros per Ducat of 375 Maravadis. It is demanded at what Price the Ex-
change turns out to him between Amſterdam and Lyons.
The common Way of Working it.
64. Sols
375 Maravi.
340 Marav.
Iood.-60 S.
320
448
192
34000
60
2040000
Dividend, therefore 2040000
24000
Diviſor.
***°=85 Groots.
And
1
508
OF ARBITRATIONS OF EXCHANGE.
And the moſt compendious Method by abridging the Numbers I ſhall thus
Thew.
14,64. are equal to
340 Mar.
2100 Groots
li
17 Mar.
Ratio (or 364x375
16 Sols
2
$85 Maravadis.
374
?
4 Groots, then
Quere, 60 Sols as before. But to reduce the Work lower ſtill, it appears that
you may divide a Member on each side of the laſt Equation by 4, and another on
each Side alſo by 5, therefore you will have 4
Sols
3
Mar.
i Groot, where
4 multiplied by 3 is in the fame Ratio, or Proportion, to 17% I or 17, as 64375
is to 340 x 100. But as the Anſwer was found by multiplying 60 into the laft
340 X 100
ſo it may be likewiſe had by multiplying the 60 into the
foregoing Ratio, viz. Z whence we have the Work brought into this ſmall Com-
pafs 60X17, which may be yet more contracted, as 60 and 12 are commenſurable
by 6, and will become 10X17 = 85, the ſame as before. This well obſerved
fully explains the Method for contracting the moſt extenſive compound Arbitra-
tions, as well as theſe ſimple ones. The Manner of ſtating the compound ones
I ſhall give in another Place.
1 2
I 2
2
Fourth EX A M P I E.
B. of Amſterdam gives an Order to E. at Cadiz, to remit on Hamburgh at 124
Gros Lubs for 1 Ducat of 375 Maravadis, and to draw for him at 126 Groots de
Gros for the ſaid Ducat. Ii is demanded at what Price the Exchange will be
between Amſterdam and Hamburgh ? Anſwer at 3211 Stivers per Daalder of 325.
Lubs.
31
For 144 Gros Lubs=1 Ducat.
į Ducat=126 Groots of Amſterdam
8
345. Lubs,
8
31)1008(32): Anſwer.
93
78
62
16
The four preceding Examples may ſuffice to thew the different Methods of
Working by the Direct, Inverted, and Double Rule of Three; but thoſe that
follow being more complex, and their Operations more difficult to be reduced
into as ſmall a Cyphering as what has been juſt now done, and the common
Practice ſhews, I have borrowed the Afſtance of the following Tables from Mr.
Samuel Ricard, as he did the Principles of them from another, of which he him-
ſelf gives the ſubſequent Account.
" It is ſome Years ſince, that Monſieur John Henry Laſkoſky delivered a Me-
“ morial into the late Duke of Orleans's Hands (then Regent of France) fuc-
“ ceeded by a Second, preſented by the Marquis de Grancey; in both which he
“ offered to communicate to the Publick a very ſhort and uſeful Method for
or calculating of Arbitrations, which he termed The principal Part of Arithmetick,
provided his Royal Highneſs would be pleaſed to appoint him Secretary to the
5
“ Council
OF ÀRBITRATIONS OF EXCHANGE.
509
6c Council of Trade. In the mean Time, he kept the Demonſtration of his Pro-
“ blem a Secret, though with Offers to diſcloſe it, if the Regent would conde-
“ ſcend to grant him a private Audience. In the firſt Memorial there was a
Fragment of three Tables for the Exchanges, between France, Spain, and
Holland; and in the ſecond there was alſo a Part of three other Tables, for the
Exchanges of Genoa, Lyons, and Venice; but whether a Want of Friends or
“ other Reaſons impeded his Succeſs; he never was able to obtain his Requeſt.
“ The Copy of theſe Memorials is fallen into our Hands, and we have diſco-
os vered the true Foundation, not very difficult to be found out: I obſerve in this
Method, iſt, That the Author from the over Care he took to hide the Origin
“c of his Tables, fell into an Inconvenience, that induced him to alter or change
« his own Rule. 2dly, That it requires more Tables, and theſe greatly extended,
" to ſuffice for Uſe on the principal Places of Exchange. 3dly, If any one would
sc calculate with Exactneſs, he cannot expect Profit and Loſs in the ſame Table,
si and to remedy theſe Defects, we have compoſed the following Tables, which
may ſerve for all Parts, that can be propoſed, if the Trouble is only taken to
put
them into the Table Number IV. which is no ways difficult to be effected;
is and not to make a Secret of this Projection, we have placed the Numbers
« ſo clearly, that à Mathematician will immediately perceive the Source.
« Our Manner then is ſuch, that all Perſons may do it, without over much
66 Attention, provided they are Maſters only of the firſt four Rules of Arith-
“ metick, and it will even ſuffice that they know Addition and Subſtraction in
" entire Numbers. If any one is deſirous of extending or making the Table
“ Number I. greater, it is only neceſſary for him that makes the Calculation
" to have a Knowledge of the Coins uſed in Exchanges.”
A Rule for what is received, and for what is given.
von
If the Money of the Place remitted to is fixed, and the Exchange varies in
that from whence the Remittance is made, then it muſt be wrote given; as for Ex-
ample, a Merchant at Amſterdam remits on London, Paris, Cadiz, &c. in which
three laſt Places, the Coin is fixed, with Reſpect to the firſt; but if the Specie
of the Place remitting is fixed, and that the Exchange of thoſe, where the Re-
mittance is made to, riſes and falls, as from Amſterdam on Dantzick; Coningſ-
bergh, &c. it ought to be wrote received.
60
TABLE
510
OF ARBITRATIONS OF EXCHANGE.
Τ Α Β Ι Ε
I.

3
4
2
2
' 름
​251 468 512) 5541 597
26 639 680 721 762
27 803) 843 880 922
281 961 999 1037 1075
29111211501187 1224
301260 12961332 1367
311403 1437 14721506
321540 1574/160811641
33 1674 1707 1739 1772
34 1804 1836 1867 1899
35 1930 1961 1991 2022
362052 2082 2112 2142
37 21712200 2229 2258
38 2287 2315 2344 2372
39 2400 2427 2455 2482
4025 10 2537 25642590
41 2617 26432669 2696
42 2721 2747 2773 2798
432824 28492874/2899
44.29242948 29732997
453021 3045 3069/3093
463117 3140 31643187
47 32 103233 32463279
483301 3324 3346 3369
493391|34133435 3457
50347913504352213543
151356513586 3607 3628
52 36493670 36913711
5313732 3752 37733793
54 3813 3833 385313873
553893 39123932 395 I
50397 1 399 4009 4029
57 4048 4007 4086 4105
584123414241614179
5914198/42164234/4252
60 4270428943074324
61
4342 436014378 4395
62 4413/4430 4448 4465
63144821450014517145341
ha 1 / 2
64 455 145684585|4001 1031661776628,663816649
654618 4635 4651 4668 1046659 667066806691
66 468447014717 4734
1051670 1671 1672216732
67 4750147664782 4798 106 67426752 67626773
68 481414830 4846 4862 10716783679368036813
694877|4893149094924
1086823 683368436853
70494049551497 14986 1096863687368836893
71500250171503215047 11016903 691369236932
72 5062 5077150925107 1116942695269626971
73 5122513715152 5167 1121698 1699 17001 7010
74 5181519652115225 I 13 7020170291703917049
75 52405254 5268/5283
1141705817068707717087
7652971531153265340 11517096 710517 12 57124
775354/5368/5382 5396 1102134/7143 7152|7162
78541015424 5438 5452 1171717171801718917199
7954651547915493 5506
1187 208 7217172 267235
8015520553315547 5560 11917244172541726317272
815574558715601 5614 12017281172901729917308
82 56271564015654 5667 121731773267335 7344
83568015693 57065719 12273531736 1737017379
84157325745 57585770 1237388739774067414
851578315796158095821 1 247423174327441 7449
86 5834 584715859 5872 1251745817466 747517484
871588415897159095921 1 267493/7501 75107518
88 593415946159585971 12717527175361754417553
8915983/59956007 6019 128 75617570757817586
9060316043160556067 1297595760376127620
916079160916103.6115 130176287637 76457653
9261271613961506162 131 7662 7670767817687
93617461856197 62091327695 270377117719
946220623262436255 13317728177301774417752
956266627862896300 134/77607768 77767784
96631263236334 6346 135177937800780817816
9763571636863796390 136 7824178311784017848
986401641264236434 13717856786417872 7880
9964456456164676478
1381788878967903 7911
1006489650065116521 139|79191792717935/7943
1016632654365546564 140 795017958 79667973
1026575165866596,6607 14117981179891799718004
!
Τ Α Β Ι Ε
II.
L 0 N D 0 N.

2
I
IT
2
1
29532958
2
I
zd.
zd.
d.
.
d.
335.0d. 246612471/ 335. 110. 25852590|345.10d 1270127061355. 92.2814 2819) 365. 84.292412928
1 2477 2482345. od. 2596 2601 II 27112716
10 2824 28 29 9 29332938
2488/2493
2606 26121355. od. 27212727
28342839 IO
2943-948
3 24992504
261712622
2732 2737 || 36s. cd. 28442849
11
4 251012515 3
2627/2633
274212747
2854 2859375. od. 2963 2968
5 125202526 4 2638 2643 3 27522758 2 2864 2869
2973/2977
6 2531 2537 5.
2649 2654 4 27632768
29822987
3 28742879
7 25422547 6 2659 2664
5 27732778
3
4
28842889
2992/2997
8
255312558 7 2669 2675
6
2783 2788 5
4
9 25642569
8 2680 2685
6
7 279312798
2904 2909
5 30113016
10 257412580
6
9 269012696 8 1280312809!
29142919
7
3021/3026
2
Noo
2894 2899
30023007
TABLE
OF ARBITRATIONS OF EXCHANGE.
511
TA B
A B I E III.
H A M B U R G H.

3
II
16
I 3
16
8
Shil. For
16 Bolir lo
ſite
31 1411142014291 446 14551403148114891498 15:515241532
32 15491557 15661583 1594160016161622 1633 1649 1658 1666
33 1682 1693 1699 1715 1723 1739 1748 1756 1764 1780 1788 1796
34. 1812 15 20 1828 1844 1852 1860|1875 1883 1891 1907 1914 1922
35 11937/194511953/1968|197611984|1999 2007/2014.2029 203712045
T A B L E
IV.
Amſterdam, Antwerp, Paris, &c.
Amſterdam and Antwerp. | Antwerp and Paris.
Amſterdam and Paris. Number fixed 6489.
If you take for Paris, London, Cadiz, or Venice, this makes no Alteration, and
the fixed Number ſhall be the ſame.
Amſterdam, Venice, and Lyons.
Amſterdam and Venice. Amſterdam and Lyons.
Venice and Lyons. Number fixed 6489.
Amſterdam, Paris, and Hamburgh.
Firſt Caſe.
From Amſterdam on Hamburgh and Paris.
From Hamburgh on Paris and Amſterdam.
From Paris on Amſterdam and Hamburgh.
Amſterdam and Hamburgh. Amſterdam and Paris.
Hamburgh and Paris.
Number fixed 1470.
This may ſerve likewiſe for Amſterdam, Hamburgh, and Venice; but you muſt
take Half of the Deniers Lubs, which are given at Hamburgh for a Ducat, and
inſtead of Paris, you muſt read from Venice.
Second Cafe.
From Amſterdam on Paris and Hamburgh.
From Hamburgh on Amſterdam and Paris.
From Paris on Hamburgh and Amſterdam.
Amſterdam and Paris.
.
:
Number
Amſterdam, London, Paris, &c.
Amſterdam and London | Number fixed 291.
Paris, Paris
London and
Venice,
Venice
and Amſterdam.
Genoa,
Genoa
Leghorn. Leghorn
Amſterdam, London, and Spain.
Amſterdam and London. | Amſterdam and Spain.
London and Spain.
Number fixed 1104.
Amſterdam,
,
I
512
OF ARBITRATIONS OF EXCHANGE.
.
Amſterdam, London, and Liſbon.
Amſterdam and London. Amſterdam and Lifbon.
London Liſoon.
Number fixed 4270.
Amſterdam, Genoa, and Venice:
Amſterdam arid Genoa. ¡ Venice and Amſterdam.
Genoa and Venice. Number fixed 6454.
Amſterdam, Dantzick, and Hamburgh.
Amſterdam and Dantzick. | Dantzick and Hamburgh.
Amſterdam and Hamburgh.
Number fixed 2510.
Amſterdam, Liſbon, and Lyons.
Amſterdam and Liſbon. Lyons and Amſterdam.
Liſbon and Lyons. Number fixed 6489.
But if the Change from Liſbon on Lyons exceed 567 Reis, take-initead of 1,
and the fixed Number will be 3479.
Amſterdam, Paris, and Spain.
Amſterdam and Paris. Spain and Amſterdam.
from Paris and Spain
Number fixed 2876.
That is, whatever French Livres are given or received for a Piſtole of Spain,
muſt be reduced into Sols, and the quarter Part taken.
There might be choſe many other Places, but to be ſhort, we have taken no
more than two particular Cafes, which we have in the 7th and 8th Propo-
ſitions.
F
Berlin, Amſterdam, Genoa, Turin, Geneva, Frankfort, and London.
Berlin and Amſterdam. Turin and Genoa.
Amſterdam and Genou. Geneva and Frankfort.
Turin and Geneva. London and 10 Times Berlin.
Frankfort and London. Fixed Number 8193-
Proviſion.
Profit
Genoa, Venice, Florence, Leghorn, Novi, Milan, Amſterdam, and London.
of Leghorn and Novi. Genoa and Venice.
Milan and Amſterdam. Venice and Florence.
Amſterdam and London. | Florence and Leghorn.
Proviſion.
Milan and Novi.
Profit
Number fixed 9549.
For the Proviſion at 5 per cent. the fixed Number is 145; and at per Cent.
211
I
The
OF ARBITRATIONS OF EXCHANGE.
513
The Profit TABLE V.
The Loſs TABLE VI.


3
(per C.
2
Io
3
IO
4-
IO
7
TO
9
10
1 Ο
C./
15
4
то
5
то
8
IO
6
10
IO
Io
Io
9
O
o
I
2
2
4 9 131 171 22 26 30 351 39
43 48 52 56 60 651 691 73 7:7| 82
86 90 95 99 103 10711111116 1201124
3128133137141 145 149154 158 162 166
4 170 175 179 183 187191195 199/201208
5 212 210 220 224 22 233 237 241 245 249
6 253 257 261 262 269 273278,282 286 290
7 294298 302 300 310 314 318 322 326 330
8 334 338 342 346 350 354 358 362 366 370
9 374 378 382 386 390 394 398 402 406410
10 414 418 4.22426 43 434 438 441 445 449
11 45314571461/46514591473/477 480148414881
per
희
​4
9 131 171 22
26 30 351 39
44 48 52 57 61 66 70 74 79 83
88 94 97 1011 611 114 119 123 128
3 132 137141 146 150 155 159 164 168 173
4. 177 182 186 191 95 200 20; 2-9214 218
5 223 22 232 2371241 246251255 2601264
6 269 2732782_31287 292 297 301 306 311
7 315 320 325 326 34 339 344 348 353 357
8 362 367 372 376 381 386 391 395 400 405
9 410 414 419 424 429 434 439 +43 448 453
10 458 462 467 47.2 4771482 4871491 496 501
u 150651115101521'52653115351540 5451550
An Explanation of the Tables.
Nº. II. is for London. Nº. III. is for Hamburgh, if the Exchange is found in
the 8ths and 16ths: Nº. I. is for all other Places; and for Hamburgh when the
Exchange is in Shillings, į Shillings, and Shillings. N. IV. ſerves to thew
the Numbers that muſt be added together, viz. all thoſe that are found on the
fame Side.
The 5th and 6th are for Profit and Loſs. If it is found that the Sum of the
Addition of the Side in which to find that given is leſs than the other Sum of the
Side where what is received is, it muſt be ſought for in the Table of Profit, Nº.V.
and when there is a Loſs, in that of Nº. VI. And that the Uſe which may be
made of theſe Tables may the eaſier be comprehended, I ſhall here add ſome
Examples.
Firſt EX A M P L E.
A. of Amſterdam remits on London to B. at 345. 5. Groots, what B. remits for
the Account of A. to Cadiz at 49 d. Sterling per Dollar. If the Merchant at
Cadiz remits the Produce on Amſterdam at 121 Grts. of Holland per Ducat of 375
Maravedis; it is demanded how much A. hath gained or loft. excluſive of the
Charges.
Solution by the Tables.
He gives
He receives
345. 5. Grts. 2654
3457
7215
Fixed Number
1104
1211 7335
49.d.
I 20
7215
25 per Cent, gained.
The Operation.
d.
240 will give 13127Maravedis.
d.
Maravedis
272
If 49
Mar.
If 375
3 2
121Grts.
13127900
199
2
243
11810
11821
1312
2
261120
199
6P
Now
514
OF ARBITRATIONS OF EXCHANGE.
Now the ad and 3d Terms multiplied, and divided by the firſt in the Order
they now ſtand, will be expreſſed as follows:
243 x 261120
which gives 425 Groots.
2x 199x375
Now the Difference between 34.5. 5 Gts. 1 and 425 Gts.is II Gts. therefore
Il Gts.
23
8
nearly.
827
I
XIOO -
XI002
IO
345. 52 Gts.
By the Double Rule of three
d.
M.
375
d.
240
Groots.
121
Mar.
272
492
4
2
199
199
243
2
4
You may now expreſs the laſt three Terms divided by the firſt two, thus,
240 x 243 X 272 x 4
3425, as before,
199X375 X2
Second EXAMPLE.
A. of Amſterdam remits to B. of Dantzick, at 276 Groſs of Poland, for one
Livre of Groſs, the which B. remits on Hamburgh at 115. Groſs for 48 Shillings
Lubs; if Hamburgh remits what it anaounts to, to A. at 3375 Stivers per Daalder
of two Marks Lubs; it is demanded how much per Cent. A. has gained or loſt,
omitting the Charges.
Solution by the Tables.
A. gives 1155 7115
Nº. fixed 2510
A. receives the
276 is 138 7888
3313 1699
9625
9587
9587
39 or to per Cent.
If 1152
If 32
By the Rule of Three.
Groſs Shillings Lubs
Groſs
48
276 will give 114, then
Shil. Lubs
Sti. of Amſterd. $. Lubs
3377
114**
This ordered according to the foregoing Example will produce 118 1Stivers,
which taken from the 120 Stivers firſt given, there remains It Stivers, therea
fore
s. s.
S,
as 12--I-I
--100 to ', the Lofs per Cent,
S.L.
1151
By the Double Rule of Three.
Groſs
S. L, Groſs Stivers of Amſterd.
32
276
3376
48
The fractional Terms being reduced into improper Fractions, as there in the
firſt Example, the Operation then will be entirely ſimilar to the laſt in the ſaid
Example, and gives 118, Stivers, as before.
5
Third
OF ARBITRATIONS OF EXCHANGE.
516
Third EX AMP L E.
Two Perſons A. and B. at Paris, have Occaſion for Money at Cadiz; A. remits
directly, and gives 18 Livres 3. Sols per Spaniſh Piſtole; B. chuſes the Way of
Holland, and orders to be remitted him from Amſterdam at 121. Groots for a
Ducat of 375 Maravadis ; Amſterdam reckons; per Cent. Charges, and draws for
his Reimburlement at the Rate of 56 Groots per French Crown of 60 Sols; it is
demanded which of the two Methods proved moſt advantageous.
Anſwer; his who remitted directly.
Operation by the Tables.
A. gave 56 3990
of 36 Sols is 90: 6067
B. gave 121 Groots 7326
per Gent.
22
Fixed Number
2876
10057
10224
10057
Seek in Number VI.
167
31 per Cent.
Otherwiſe,
5
TO
By reflecting on the Nature of the Queſtion, it appears, that what Amſterdam
reckons for Charges may be conſidered to increaſe the Number of Sols ſo much
more than B. would otherwiſe have paid for the 375 Maravedis; therefore firſt
ſay, if 100
60, or if 10 - 6, or if 5 -
3
must
give is, which B. muſt pay at Amſterdam for his Charges for every 60 Sols in
the Value of the 375 Maravedis. But inſtead of finding the Sols B. muſt pay,
excluding the Charges, and then computing the Charges, and adding them to
the Sols laſt found for B.'s whole Payment, you may by Parity of Reaſon ſay,
Groots
Sols
Groots
601
· 121 to 1294. Sols paid by B.
for a Ducat. Laſtly, to compare whether A. or B. has ſucceeded beſt, ſay,
f. s. the Maravedis in a Piſtole Sols
1088
1294: will give 389
Maravedis, which B. would have got inſtead of 375, had he exchanged as A. did;
therefore it is manifeſt, that in receiving only 375 he had leſs than Ă. for the ſame
Sum of Paris Money by 14 Maravedis; and to make a Calculate per Cent, it will
Mar.
Mar.
100 to 316, the Anſwer,
As 565
If 18-3
be as 375
to 14
Fourth EX A M P L E.
A Merchant of Hamburgh orders us to draw for his Account on Dantzick, at
270
Groſs of Poland for i Livre de Grofs, and to remit the Amount on London, at
35 Schillings per Pound Sterling, or at other Rates, which may be more advan-
tageous for him, provided he can draw on Dantzick at 261 Groſs of Poland; it is
demanded at how much he ought to remit to follow the lait Order? Anſwer, at
36 Schillings 2 Groots.
Solution
516
OF ARBITRATIONS OF EXCHANGE.
If 27°
;
Solution by the Tables.
Take the Half of the Groſs of Poland according to the Order, and the Ex-
change will be 135 and 130
135 7793
35
Schil.
2721
10514
1301 7645
2869 this muſt be fought for in the Table for London ;
and the Schillings and Groots of Groſs, which correſpond with this Number,
will be found to be 36 Schillings 2. Groots.
By the Rule of Three
In this Queſtion it is obvious that as the Groſs of Poland given for a Livre de
Groſs decreaſe, the Schillings given for a Pound Sterling mult proportionably in-
creaſe, to follow the Condition of the laſt Order; hence the Queſtion is an in..
verted one in the Rule of Three, and thus ſtated.
Groſs of Poland Schillings Groſs of Poland
35
261, wherefore
270X35
gives 36 Schillings, and the Remainder multiplied by 12 for Groots, and
261
the next by 2, for half Groots, at each Time dividing by 261, brings out 2
Groots nearly.
Fifth EXAMP LE.
There is an Order to A. of Amſterdam to draw on Paris at 531 Groots per
Crown, and remit on London at 34 Schillings i Groot per Pound Sterling, or at
other Prices which might be as profitable to him who gave the Order. If they
can draw at 56 and remit at 34 Schillings 7; Groots; it is demanded whether
he can comply with this Commiſſion, and how much this differs per Cent. An-
ſwer, our Correſpondent receives more than he firſt ordered about 3 per Cent.
Solution by the Tables.
Groots
34 Schil. i Groot 2606 34 7 2675
56 Pence
3990 53
3793
A. receives by the Exchange 6196 and by the Order 6468
6468
128 ſeek in the Table of Profit, and you
will find about 3 per Cent.
By the Rule of Three.
Groots
Groot
Groots Sch. Groots
34
56 to 35
8
the Rate at
which Xi might remit per Pound Sterling to London, when he drew on Paris at
in remitting this laſt Sum he gained 1 Schil. 1 Grt. the Difference between 35
Schil. 8 Gts. and 34 Schil. 77 Grts, and to find what that comes to per Cent, ſay,
Sch. Grts. Grts, Grts.
121 100 will bring out the Anſwer.
S.
S.
As 53
I-
01
If 34
73
Sixth
OF ARBITRATIONS OF EXCHANGE.
517
Sixth EXAMPLE.
There is an Order to draw on Frankfort 100 Rixdollars current Money of Am-
fterdam for 128 Rixdollars of Frankfort, and to remit on London at 35 Schillings
Bank Money per Pound Sterling, on Condition that the Agio ſhall be 5 per cent.
If after this our Correſpondent writes to us, to omit executing this Order, if not
already done, unleſs he receive 2 per Cent. more from London than he had ordered:
If they can only draw on Frankfort at 135 Rixdollars that Money for 100 Rix-
dollars of Amſterdam, it is demanded, at how many Schillings the Remits muſt
be made to follow the laſt Order ? Anſwer, 34 Schillings 4. Groots.
Solution by the Tables.
2 1 2
5 per C.
35 Schil.
128 7586
135 7793
2 per C.
86
2721
idet at sige 7879
10519
7879
2640 This Number ſeek in the Table for London, and you
will
find 34 Schillings 4 Groots correſpond thereto.
For a different Solution, it is eaſy to conceive that when the Agio is high the
leſs Frankfort Money is given for current Money of Amſterdam (the Exchange be-
ing by Banco Money) conſequently the leſs Banco Money muſt be
t be remitted to
London per Pound Sterling; whence it is clear, that the Way to get 2 per cent.
from London by remitting at the ſame Rate as before, you muſt conſider the Agió
as ſo much leſs; therefore inſtead of 95, we have 97 Rixdollars Banco Money
of Amſterdam for 128 Rixdollars of Frankfort, at which Rate I find the Bank
Money of Amſterdam equal to 135 Rixdollars of Frankfort ; thus,
Rixd. of Frank. Rixd. Banco of Amft.
Rixd. Frank.
97
135 will give
101,'.'s. But by the Queſtion there are only 100; therefore the Remittance
on London muſt be made accordingly leſs, by ſaying,
Shil. Banco Rixd.
As 101105
35
100 to the Sum ſought.
103

If 128
306
I017
Sch. Groots.
i
10476 Now
35 X 100 X 103
10476
will give 34
4 the Anſwer:
Seventh EX A M P I E.
T. of Berlin remits for his proper Account to U. of Amſterdam, a certain Sum of
Bank Money, at 133 Rixdollars for 100 Rixdollars Bank Money of Amſterdam,
ordering him to remit the nett Produce to A. of Genoa ; U. effects it at 96 Groots
per Dollar of 5 Genoeſe Livres. A. on his Part remits this to B. who lives at Turin,
at 128 Sols of Piedmont for one Crown of Genoeſe Money of 7's Livres, who
takes Bills on Geneva at 84 Piedmont Sols for one Crown current of Geneva, and re-
mits them to C. who in his Turn remits the Amount on Frankfort to D. at 130
Rixdollars of Frankfort for 100 Crowns current of Geneva, who finally takes Bills
at 132 Batz Money of Frankfort for one Pound Sterling (1 Rixdollar at Frankfort
makes 225 Batz) 'the which he remits to T. himſelf: If the five Commiſſioners,
namely,
6 Q
518
OF ARBITRATIONS OF EXCHANGE.
namely, U. A. B. C. and D. deduct each ; per Cent. for their Proviſion; it is
demanded at what Rate the Exchange muſt be between Berlin and London fo
that I gains 3 per Cent. Anſwer, 67 Rixdollars per Pound Sterling,
Solution by the Tables.
128
7561
7628
130
84
Numb, fixed 8193
133
7728
96 6312
5732
132 7695
3 per C. 128
5
Proviſions at į per C. each 73
23382
27668
23382
4286 This fought in Table I. there will be found
60,24, whereof take to and it ſhall be your Anſwer, 675 Rixdollars.
Otherwiſe.
The general Method for ſuch extenſive Queſtions is as follows: The Inveſti-
gation whereof I ſhall clearly ſhew before I conclude this Subject.
i Pound Sterling at London = 132 Batz Money of Frankfort.
22. Batz Money of Frankfort = 1 Rixdol. Money of Frankfort.
100 Rixdol. Money of Frankfort=99] Rixdol. Mon. the Provifion deducted.
13ø Rixdol. Money of Frankfort= Yøø Crowns current of Geneva.
100 Crownis current of Geneva = 991 Crowns current at Geneva, the Provi-
fion deducted.
I Crown current of Geneva
= 21 84 Sols of Piedmont at Turin.
100 Sols of Piedmont
991 S. of Piedmont, the Proviſion deducted.
4 84$ Sols of Piedmont
= I Crown of Genoa.
I Crown at Genoa
152 Sols of Genoa.
28
Sols at Genoa
= I Livre at Genoa.
100 Livres at Genoa
99 Livres at Genoa, the Proviſion deducted.
5 Livres at Genoa
3 96 Groots Banco of Amſterdam.
100 Groots Banco of Amſterdam = 1 Crown of Amſterdam.
100 Crowns Banco of Amſterdam= 995 Crowns Banco of Amſterdam, the Provi-
fion deducted.
100 Crowns Banco of Amſterdam= 133 Rixdol. of Brandenburgh at Berlin.
how much = i Pound Sterling at London,
OF ARBITRATIONS OF EXCHANGE.
519
223
133
13
993
66
226
1197
1197
292
445
443
2
585
13255
3
5
39767
991
2925
Іоо
292500
Іоо
357903
357903
132551
132551
29250000
IOO
39634441
152
2925000000
Іоо
7926888
19827220
3963444
292500000000
100
50
29250000000000
100
602443538
99},
2925000000000000
100
542 1991842
542 1991842
200814512
200814512
666
292500000000000000
21
60043539353
21
7
-
9)147(16
9
60043539353
$120087078706
16
57
54
12609 14326429
993
3
132
8
11348228937861
11348228937861
420304775476
4203047754765
333
9)1056(117
9
125671127867456
132
15
9
251342255734912
377013383602 368
125671127867456
1175
66
63
3
16588 588878504309
To be carried over.
520
OF ARBITRATIONS OF EXCHANGE.
Brought over.
16588588878504309;
99
2
149297299906538781
149297299906538781
5529529626168103
5529529626168103
ECA
331
292500000000000v00)16533/293582242628307 (5765 Rixdol. of
1146251
Brandenburgh for
1908293582242628 307 i Pound Sterling
at London.
Іоо
190829|35822426283022
17550
15329
14625
704
But to know how many Rixdollars muſt be remitted per Pound Sterling to T.
ſo that he may gain 3 per Cent. ſay by the Rule of Three Direct,
5106
103
If joo
5100
103
65
515
6613
co
515
618
Іоо
1100)5181.1: (575057 Rixdollars of
Brandenburgb per
Pound Sterling
81195
100)66195
Eighth EXAMPLE.
C. of Genoa remits for his own Account to D. of Venice, a certain Sum at
104 Marchetti for 4 Livres of Genoa, ordering him to remit the nett Produce to
E. at Florence; D. effects it at 75 Crowns d'Or of Florence for 100 Ducats of
Venice. E. takes Bills on Leghorn at 119 Sols for 6 Livres of Florence, which he
remits to F. who takes others on Novi, at 175 Dollars for 100 Crowns de Marc
of Novi, 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 Remiſs at Amſterdam to I.
of Sols of Milan (whereof 140 are worth 106 Soldi Imp.) for a Guilder of
Amſterdam, who finally takes Bills on London at 34 Sch. per Pound Sterling,
which he remits to C. himfelf, for whoſe Account all theſe Negociations were
made. If ſix of the Correſpondents deduét each 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 Diſburſe for 6 Months has brought him
in an Intereſt after the Rate of 8 per Cent. per Annum. Anſwer, 556d.
Sterling per Dollar of 5 Livres,
52
Solution
OF ARBITRATIONS OF EXCHANGE.
521
Solution by the Tables.
of 175 is 87 5909
114 6659
52 3649
75 5240
34 1804
119 7244
Fixed Number
9549
of 180 is 90 6031
6 Proviſions at per Cent. each 1301
4 per Cent. gain 170
25174
21211
21211
3962, which anſwers
to 5577
Operation for the Exact Value.
1 Dollar of Genod
4 Genoefe Livres
124 Marchetti Banco of Venice
1¢ø Ducats Banco of Venice
1
100 Ducats Banco of Venice
I Crown d'Or of Florence
Igo Livres of Florence
7.8 Livres of Florence
2.8/ø ordinary Sols of Leghorn
100 Leghorn Dollars
7. 843 Leghorn Dollars
1oo Crowns de Marc of Novi
5 Livres Genoefe
2.704 Marchetti Banco of Venice.
I Ducat Banco of Venice.
99. Ducats Banco of Venice, the Pro-
viſion deducted.
2:48 Crowns d'Or of Florence.
71 Livres of Florence.
991 Livres of Florence, the Proviſion
deducted.
119 ordinary Sols of Leghorn.
i Leghorn Dollar
991 Legborn Dollars, the Proviſion
deducted.
Igo Crowns de Marc at Novi.
99 Crowns de Marc, the Proviſion
deducted.
9.x80 Soldi Imp. or Sols of Exchange
of Milan.
440 Sols current of Milan.
99 Sols current of Milan.
fø common Stivers Banco of Am-
ſterdam.
I Stiver de Groſs Banco of Am-
ſterdam.
991 Stivers de Groſs Banco of Am-
ferdam.
6.44¢d. Sterling of London.
I Genoa Dollar,
I Crown de Marc of Novi
106 Soldi Imp. of Milan
100 Sols current of Milan
57 Sols current of Milan
4.$. common Stivers Banco of Amſt.
100 Stiv. de Groſs Banco of Amſt.
34 Stiv. de Groſs Banco of Amft.
how much for
6 R
124
522
OF ARBITRATIONS OF EXCHANGE.
99
6
3
)
124
2
99
248
106
8)297(37
57
597
99
I
1488
2480
119
5
5373
5373
298
26288
34
16) 595(37
48
59401
993
105152
78864
115
I I2
893792000000000
534609
534609
29700
491
3
99
3
z
5910449
993
16)297(18
16
53194041
53194041
2955224
24.
137
128
8
9
588089700
997
21
7
32)147(4
128
5292807300
5292807300
294044850,
375
19
5851492518716
119
54
5
526634326683
58514925187
5851492518737;
6
64)27004
256
6963276097290
997
14
62669484875610
62669484875610
348163804864575
1876
69284597168037311
73
4849921801762611
345422985840186
45
19
2
2 1
64
519634478760280277
To be carried over.
OF ARBITRATIONS OF EXCHANGE.
523
2
467
I 4
104)5813(Anſwer. 530d. Sterling for a Genoa Dollar.
Brought over.
519634478760280277
10392689575205604**
5
51963447876028024
519634478760280245
d.
893792,000000000)51963447,8760280245 +(58166
4468960 Sterling for a
Genoa Dollar.
7273847
7150336
123511.87
893792
3413261
2681376
731885
After having found the Exchange, which is here between London and Genoa
58 15 d. Sterling for a Dollar, it muſt be ſeen how much per Cent. ought to be
gained by the Exchange, which the Example tells us is 8 per Cent. per Annum.
We fee, beſides this, that C. has been in Diſburſe 6 Months ; ſo it ought to be
worked by the direct Rule of Three, and ſay,
If 12 Months gain 8, how much ſhall 6 gain?
4
The Anſwer will be 4, that is to ſay 4 per Cent.
Afterwards there is to be obſerved what has been ſaid before of the certain and
uncertain Price, and of the direct and indirect Rule in our Example. Genoa gives
the Price certain, then it muſt give to London 4 per Cent. leſs than it has received,
and conſequently it muſt be wrought by the indirect Rule of Three, and ſay,
give 58.d. how much ſhall 104 give?
Evil OYO 210769 520
2
If 100
100
613
520
93b
100 oidy 501 Seconotat
9300
G_832
C
980, to bude
936 ivica
44
Having
524
OF ARBITRATIONS OF EXCHANGE.
Having ſolved the two preceding Problems in the moſt conciſe Method that I
believe is poſſible, except by Tables, I ſhall now demonſtrate in their Explana-
tion how to perform (in the ſame Manner) all Queſtions relative to Arbitrations.
And firſt, I ſhall deduce the Rule for ſtating them from the ſecond Example of
the Double Rule of Three preceding the Tables, where the firſt Term is fixed;
the ſecond Thewing what different Money was given for it; the third, how much
of the ſame Specie as the ſecond is given for the fourth; then what Quantity of the
Specie of the fourth, for a fifth Term given, which is of the fame Name as the
firſt Term. Now as all ſuch Queſtions, exceeding five given Numbers, may ac-
cording to that Exceſs be called Queſtions of the Treble, Quadruple, Quintuple,
&c. Rule of Three, for whoſe Stating I derive the Rule from the foregoing Re-
mark, which will be exactly ſimilar or agreeable to it; only I ſhall, for Brevity's
Sake, call the firſt Term, the firſt Antecedent; the ſecond Term, the firſt Conſe-
quent; the third Term, the ſecond Antecedent; the fourth Term the ſecond
Conſequent, &c. and now expreſs the Rule.
The firſt Antecedent muſt be a fixed Exchange, and of the ſame Denomination
with the laſt Conſequent; the ſecond Antecedent muſt be of the ſame Name as
the firſt Conſequent; the third Antecedent of the ſame Specie as the ſecond Con-
fequent, and ſo on, always making the Antecedents of the ſame Name or Specie
as their preceding Conſequent, which you cannot but do if you follow the Con-
ditions of a given Queſtion, and if you have ſo done you will find your laſt Term
of the fame Specie with the firſt, and then the Demand or Anſwer will be of the
fame Name as the laſt Conſequent but one: if you
find
your
Work ſtand other-
wiſe, moſt likely you have miſtaken the firſt Term. The Queſtion being thus
prepared, it is plain that the Sum of the Antecedents muſt be regarded as equal
to the Sum of their Conſequents, as each Antecedent is ſuppoſed equal to its re-
ſpective Conſequent; therefore their Products muſt be accordingly ſo ; (for In-
ſtance, if
ma
!
5
2. more 3, and
6 more 4 =
7 more 5
= 8 more 4
then 5 * by both 6 and 4, * by both 7 and 5 = 600 = 10 x by both 2 and
3,
by both 8 and 4,)
but as one of the Antecedents in every Queſtion is unknown, whilſt all the Con-
ſequents are otherwiſe,we have an unknown(though fuppofed)Quantitymultiplied
by the knownAntecedents, to the Product of theConfequenis, therefore the
unknown Quantity (or Anſwer ) is found by dividing the Product of the Conſe-
quents (multiplied by one another) by that of the Antecedents (multipled in the
ſame Manner.) For Example; ſuppoſe the Caſe were, what unknown Quantity
x by 59 would be equal to 472, then I ſay 472 divided by 59 gives the fought
Quantity, viz. 8. Now in order to contract the Work, it is plain that it is the ſame
thing
whether you divide a Product, which had diverſe Multiplicators,or you divide
one of the Multiplicators(which will admit it)by that Number, and then multiply
by the reſt Inſtance
263x12
6
6
It is likewiſe evident, that if
any two Numbers be divided by the ſame Number, their Quotients will be in the
ſame Proportion as the Numbers were. (Inſtance 12 divided by 4 is 3, and 20 divided
by 4is 5; wherefore as 3 is to 5, fo is 12 to 20; which was to be thewn.) Hence it
follows, that, if when a Queſtion is ſtated you can divide any Antecedent and Con-
ſequent (though they are not Oppoſites) by the ſame Number, the Equality is ſtill
kept up; and thus you muſt continue to do, till you can find noAntecedentandCon-
ſequent commenſurable by the fame Number, then ordering this laſt Equation as
above directed, you will have the Solution; and note, that the laſt Conſequent, to
which the Anſwer is ſought, is ſubject to the Diviſion as the reſt ; for the Pro-
duct of the laft, multiplied by the other Conſequents;is ftill the fame, whether the
laſt or any other is divided by the fame Number; this may be ſeen by the laſt In-
ſtance but one, if you call 12 the laſt Conſequent ; and from what has been ſaid, I
infer, that every Antecedent after the firſt muſt be of the ſame Denomination,
10, and

I 2
SI 2 =
*3.)
X 2*3
as
3
well
OF ARBITRATIONS OF EXCHANGE.
525
-
well as the ſame Specie, as its preceding Conſequent; and that if any Antecedent
orConſequent confifts of differentDenominations, you muſt(to retain the Equality)
either reduce both them and their reſpective Conſequents and Antecedents into
the ſame Denomination, or otherwiſe make the lower Denomination an aliquot
Part or Parts of the higher (as 31. 35. Sterling would be 37.) and then the others
remain unaltered ; and note, that in the ſecond given Examples, where the An-
tecedents and Conſequents are ſcratched, they have been divided, and the Quo-
tients ſtand towards the left, ſeparated by a Point, thus, 4. 84¢; and what has
been here ſaid in Regard to the Queſtions of Money, holds good alſo for thoſe
concerning Weights and Meaſures, which may be wrought exactly by the fore-
going Rules.
EXAMPLE.
If 100lb. at London be equal to 1061b. at Lyons, and 30lb. at Lyons are worth
321b. at Paris, and 1131b. a Paris, made golb. at Frankfort, and 12lb. at
Frankfort are given for 181b. at Venice, and 125lb. at Venice are the Value of
97lb. at Cakiz; then how manylb. at Cadiz are equal to 6olb. at London ? An-
ſwer 517
Being ſtated and contracted according to the preceding Rules, the Work
will ſtand thus.
too lb, at London
106 lb. at Lyons.
5. 30 lb. at Lyons 4.371b, at Paris.
113 lb. at Paris.
3.5ølb. at Frankfort.
1.4.87 lb. at Frankfort= 3.1$ 1b. at Venice.
19. 154 lb. at Venice
97 at Cadiz, then
how many lb. at Cadiz
68 at London.
ll
113
106
3
5
318
3
565
19
-
5085
565
954
97
6678
10735
Diviſor
8586
92538
555228
Dividende
10735)555228(51.7 Anſwer.
53675
18478
10735
77430
75145
2285
6 S
If
526
OF ARBITRATIONS OF EXCHANGE.
If 100 Ells at Amſterdam are equal to 120 Ells at Hamburgh, and 30 Ells at
Hamburgh make 21. Ells at St. Gall, and 86 Ells at St. Gall are equal to 60 Ells
at Geneva, and 15 Ells at Geneva are worth 28 Ells at Dantzick ; Quere, How
many Ells at Dantzick are equal to 45 Ells at Amſterdam ? Anſwer 50,4
5. xØø Ells at Amſterdam = 2. 4. Ifø Ells at Hamburgh.
38 Ells at Hamburgh 21. Ells at St. Gall.
43.88 Ells at St. Gall 3. Bo Ells at Geneva.
88 Ells at Geneva
28 Ells at Dantzick.
How many Ells at Dantzick - 3. 43 Ells at Amſterdam.
21.
43
5
2
1
215
43
3
129
28
1032
258
3612
3
215)10836(50,4 Anſwer
1075
860
860
With the preceding, I finiſh the Examples of Arbitrations, having therein
given an Inſtance of every Caſe that can happen in this curious Branch ofArith-
metick, ſo that any Addition would be ſuperfluous, and unneceſſarily encroach
on my Readers Time, without adding any Thing to his
Inſtruction, which I be-
lieve he will find more truly promoted in this thort Tract, than he would by
conſulting the many Volumes publiſhed on the Subject; as he has here the Rea-
ſons for all the Operations propoſed, added to the Solutions, which other Au-
thors have contented themſelves with giving alone.
I have only one Remark to add to this Chapter, which is, that thoſe who are
well ſkilled in this Buſineſs generally agree to ſupport their Correſpondent's
Commiſſion free on all Sides; wherefore, when it is conſidered what Opportu-
nities the Merchant, or Remitter of general Credit and Correſpondence has,
the Benefits, by a judicious Combination, or Compariſon of the Exchange
throughout Europe, are far more conſiderable than moſt People imagine.
Thoſe, who are Ihrewd Exchangers themſelves, generally make Choice for
theſe Negociations of Correſpondents not leſs ſo; 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 Criſis arrives.
Concerning
OF BANKRUPTCY.
527
TH
Concerning Bankruptcy.
Felix quem faciunt aliena pericula cautum.
HE preceding Chapters contain the whole Theory and Practice of Com-
merce; and I hope I have been ſo plain and explicit in them as to render
myſelf intelligible, and to anſwer my Deſign of conveying Inſtruction
to thoſe who have given themſelves the Trouble of ſeeking it in this work.
I have now gone through every Branch of Commerce, and purpoſely reſerved
this Caſtrophe of an imprudent or miſtaken Conduct to the laſt, as the propereſt
Place for it. And I could wiſh that the Misfortunes, conſequent to an ill judg-
ed and indiſcreet Courſe or Management, did not render this additional Chapter
neceſſary for theGuidance of thoſe who have unhappily incurred the Want of it,
through the gloomy Vale of Trouble: For could Trade be always carried on with
that Credit which is neceſſary to ſupport it, and with that Succeſs which every
one hopes for by adventuring in it, it would be the moſt pleaſant as well as the
moſt beneficial Employ that any could undertake; but as we are all ſubject to
the uncertain fluctuating State of Humanity, our Serenity will ſometime be in-
terrupted, and our Calms and Sunſhine be obſcured and ruffled by the Clouds
and Tempeſts of Adverſity, as well in this as in all other Walks of Life, and
the ſmooth Paths of Buſineſs will often become rugged and ſtrewed with thorny
Troubles, to the utter Change of the pleaſing Scene, by introducing inevitable
Loſſes and Misfortunes, inſtead of the Advantages we flattered ourſelves with
the Hopes of reaping from our commercial Engagements. Thus the beſt laid
Scheme may be overſet by ſome intervening Occurrence, for a trifling Accident
frequently demonſtrates the Weakneſs of our Judgement, and the Shallowneſs of
our Deſigns ; though whilſt we ſubmit our Actions to the Directions of Pru-
dence, and ſuffer our Steps to be guided by her, we may juſtly be ſaid to act
like reaſonable Men ; and however Providence (for our Puniſhment) may dif-
poſe otherwiſe, we certainly take the beſt and likelieſt Method of ſecuring to
ourſelves that Succeſs and Proſperity which we are folliciting; and in Order to
guard againſt their Reverſe, permit me to intrude ſo long on your Patience as
to expatiate a little on the Subject of Bankruptcy, and to thew you the Cauſes
which naturally drive Men to ſplit on that Rock, where ſo many Thouſands have
been wrecked, reminding you of my Motto, where you will ſee the great Poet
from whom I have taken it, pronounce that Man happy who has been made
wiſe by the Misfortunes of others.
Mr. Savary ſays (in his Parfait Negociant) that the Failures of Merchants
oftener proceed from Ignorance, Imprudence, and Ambition, than from Malice and
Defign; and I am entirely of his opinion, more eſpecially in this Kingdom :
For, whoever reflects on the Conſequences of Fraud and Deceit under a Statute
of Bankruptcy here, I Tould think would avoid it with the utmoſt Care; as he
not only expoſes himſelf to the Penal Laws, but can never expect to be cleared
by his Creditors (though he ſhould not be convicted 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 ſhall direct my
Advice to thoſe on whom I am in Hopes it may prevail, and endeavour to guide
them from running on the aforementioned Shoals, by perſuading them to aim
at the Diſſipation of the Fogs of Ignorance by the Sunſhine of Learning ; to cor-
rect Imprudence, and to baniſh Vain-Glory or Ambition. The firſt may be done
by a ſtrict application to Buſineſs, whilſt under the Tuition of a Merchant in
an Apprenticeſhip; or if this has been neglected, and my Reader comes into
Trade without ſuch uſual Form and Inſtruction, I confide this Work will ſup-
ply the Deficiency, not only by teaching every one how to act in the Branch of
Commerce he has elected, but by diſplaying to him a general Trade, that he
may have all the Variety poſſible to chaſe out of; Reason, if engaged and
uſed
528
OF BANKRUPTCY.
uſed, will be too hard for Imprudence; and Ambition, I ſhould think would be
checked by diſplaying the fatal Conſequences of it; and thus a Failure proceed-
ing from all or any of the abovementioned Cauſes may be prevented; though
ſtiil there remains one, from which no Foreſight or Care can defend us, I mean
the immediate Diſpoſitions of Providence (whereas the above are but ſecondary)
to which we ought chearfully to ſubmit with a perfect Reſignation, and never
murmur nor repine at any of his Diſpenſations, in a full Affurance that he will
afford Support and Comfort under the Affliction, to every one who ſincerely
truſts in him, and, when he ſees convenient, will give a happy Releaſe from it.
It is true theſe are hard Leſſons to Mankind, and rendered more irkſome by the
barbarous Treatment the Unhappy too commonly meet with ; for though it is
natural to imagine, that a Man who has been truly honeſt in all his Dealings,
and eſteemed for his Integrity, ſhould on a Reverſe of Fortune meet with that
Pity ard kind Uſage he has ſhewn to others under ſimilar Diſtreſſes ; yet Ex-
perience convinces us that this is rarely the Café ; on the contrary, it is generally
found that though Friends may ſeem many and ſtaunch in the Time of proſperi-
ty, yet on a Change of Circumſtances they will drop off like blaſted Fruit, quite
forgetful of Favours thewn to, and Kindneſſes done them, and at the Time you
become Bankrupt in your Fortune, you will certainly find them ſo in Affection
and Returns of Gratitude ; Favours ſeem no longer regarded than you are in a
Capacity to continue them, and Obligations are thruſt among the Number of
the Non-entities, or at leaſt are become ſuch unfaſhionable Things, as only to
be owned by the very few conſcientious and benevolent.
Acts of Beneficence are not to be expected from Creditors, whoſe Loſſes gener-
ally four their Tempers, and keep their Reſentments warm againſt the unhappy
Occaſion of them, even to the Extinction ſometimes of Humanity. But one ſhould
think that the Lamentations of a fallen Familiar and Intimate (frequently
heightened by the Tears of a tender Wife, and affecting Cries of their innocent
Children) would be prevailing Objects to excite_Compaſſion from thoſe who
have always experienced a courteous and gentle Treatment from the unhappy
Sufferers; but Philanthrophy is almoſt loſt among us, and Mankind are grown
ſo degenerate, as to become inſenſible to the Diſtreſſes of others; the unfortu-
nate Man is now equally ſhunned with the infected one, and the beſt Uſage he
finds is Slights from almoſt every individual of his quondam Acquaintance,
whilſt the worſt is ſwelled to an immoderate Height by Inſults offered him,
Contumelies and Reproaches are thrown out againſt him; and Abuſes, Invec-
tives and unmerited Aſperſions are frequently added to complete the Catalogue,
and augment his Miſeries ; few regard him, fewer ſtill careſs him, and the Pau-
city of thoſe who protect or aſliſt him, is reduced to the loweſt Degree of Compa-
riſon. This is generally the Caſe with thoſe whom Fortune has proftrated and laid
low; though there is ſtill a finall Remnant of Men among us, who are actuated
by every tender Sentiment of Humanity, and, as Opportunities offer, exerciſe
every ſocial Virtue; whoſe Compaſſion at leaſt is extended to all afflicted Ob-
jects, and their Charity ſtretched to the utmoſt Limits that Prudence and Dif-
cretion can warrant; they remain uninfluenced by the Example of their Neigh-
bours, and continue fixed and immoveable in the Principles of Goodneſs and Be-
nevolence; but theſe Guardian Angels are ſcarce, and even when found can
(at beft) only alleviate, and in ſome Degree mitigate and take off the ſharp Edge
of Affliction, but they cannot reſtore loſt Credit and Reputation ; this only is to
be done by the Man himſelf, and the ſole Means is the making all the Satisfac-
tion to his Creditors that his Abilities will permit, either at preſent or in fu-
ture, till his whole Debts are diſcharged; for ſo long as any Part of theſe re-
main unpaid, that Obligation ſubſiſts. This Leſſon, Honeſty and a juſt Re-
flection on Things will teach men ; and as the Miſeries ſubſequent to, and at-
tendant on a Failure, are extenſive, it is natural to ſuppoſe the bare Deſcription
will render every other Perſuaſive ſuperfluous, for avoiding the Cauſes of ſuch
great Unhappineſs; therefore, I ſhall conclude this Introduction with
my
beſt
and ſincerelt Wiſhes, that none of my Readers may ever experience it, by
adding one to the Number of the Unfortunate.
5
The
OF BANKRUPT S.
529
in
The Derivation of the Word Bankrupt I have given under that of Banks and of Bank-
Bankers ;
and though, according to our Laws ſuch Inſolvents are generally ruptcy
eſteemed a crafty, fraudulent, deceitful, and extravagant Sort of Perfons, yet England,
Experience evinces the Unjuſtneſs of this Affertion, and that many unhappily
fall into this Dilemma through the Badneſs of Trade, or fome inevitable Acci-
dent, without bringing it on themſelves either by Extravagance or Knavery.
The Laws of Bankruptcy in England are therefore juftly conſidered as Laws cal-
culated for the Benefit of Trade, and founded on the Principles of Humanity as
well as Juſtice; and to that End, they confer fome Privileges not only on the
Creditors, but alſo on the Bankrupt himſelf. On the Creditors, by compelling
the Bankrupt to give up all his Effects to their Uſe, without any fraudulent
Concealment: On the Bankrupt, by exempting him from the Rigour of Com-
mon Law, whereby his Perſon might be confined at the will of his Creditor,
though in Reality he had no Effects to ſatisfy the Debt : Whereas the Law of
Bankrupts, taking into conſideration the ſudden and unavoidable Loſſes to
which Men in Trade are liable, has given them the Liberty of their Perſons,
and ſome pecuniary Allowances, upon condition they ſurrender up their whole
Eſtate to be divided among their Creditors*. But ſtill it is cautious of en-
couraging Prodigality and Extravagance by this Indulgence to Debtors, and
therefore it allows the Benefit of the Laws of Bankruptcy to none but actual
Traders; ſince that let of Men are, generally ſpeaking, the only Perſons lia-
ble to accidental Loſſes, and to an Inability of paying their Debts, without any
Fault of their own. I ſhall give a Tranfcript of the Acts now in Force, and of
the beſt Reports and Pleadings I can collect on the Subject ; and ſhall in the
firſt Place ſhew,
50


.
19.
21 Jac. 1. C.
19. S. 15.
5 Geo. II. C.
What Perſons may, or may not, be Bankrupts.
amenn de of traditis iacs bas vous y rud
Any Perſon uſing the Trade of Merchandize by. Way of fun ghid rusli
Bargaining, in Grofs or Retail,
Exchange,
Rechange,
13 Eliz. C.7.
Bartery,
Boots Cheviſance; istri bar lo ayud tres se
oly or otherwiſe, tomosd tre aid stol
Ör, ſeeking his Trade or Living by buying and ſelling, being a natural-born
Subject;
21 Jac. i. c.
Or, an Alien, or being a Denizen, may become Bankrupts.
Bankers, Brokers, and Factors, may be Bankrupts.
An Inn-keeper as ſuch can be no Bankrupt.
30 S. 39.
Nor one victualling the Fleet, though he fells the Overplus to Merchants.
Skinner, 276.
A meer buying and ſelling brings not a Man within the Statute (for buying
291. 3. Moda
and ſelling of Land will not make a Man liable to be a Bankrupt) but it is intend- 327 328.
ed of ſuch who gain the greateſt Part of their Living both by buying and ſel-Show, 96,
ling of perſonal Effects. Having a Share in a Ship;-being a Farmer; or keep- 309. Mich. 1
ing a Boarding-School, makes not a Bankrupt; buying only, or ſelling only, W. and M. in
makes not a Bankrupt, but
buying in England, and ſelling in Ireland does.
Yohn Aſhley went from England in 1720, and reſided in Barbadoes till
1735,
where he was a Factor and a Planter, and traded to England, by ſending Goods Littleton, Mr.
Papillon,& al.
from his Plantation, and receiving Goods back again bought in England, and he
diſpoſed of Goods ſent from England in Barbadoes, for Merchants in England as 1 Vern. 687.
a Factor, and being greatly indebted came to England in 1737, and committing Raym. 375:
.
i Syd. 411.
an Act of Bankruptcy, a Commiſſion iſſued, and upon a Queſtion, whether he
was within the Statutes of Bankrupts; upon the Authority of Bird and Sedg- Chan. Mich.
wick (where a Gentleman
of the Temple going to Liſbon, turning Factor, trading 1732; 110.
10 England, and breaking) was adjudged a Bankrupt.


B. R.
The Caſe of
Sir Thomas
per Hardw.
* Blackſtone's Comment. Vol. 2. P. 4726
6 T
to Where
530
OF BANKRUPTCY:
-

i Sal. 110.
Mar. 35
i Syd. 411.
I Vent.
Cafes. C. 24
S. 3•
18. S. 10.
Where a Man buy and ſells under a particular Reſtraint, as a Commiſſioner
Criſp. and
of the Navy, or a Farmer; he is not a Seller within the Statute.
Pratt, Sir Anthony Bateman had been a great Merchant, and was Mayor of London,
Cro.Car.549. but had left off Trade fifteen Years, the Court held he could not be a Bankrupt
upon a Debt contracted after ; but the Jury found him ſo upon ſuch Debt, and
a new Trial was refuſed.
If a Trader contracts Debts and leaves off his Trade, he is ſtill liable to be a
S. C. 166. Bankrupt for thoſe Debts, but not for thoſe he ſhall contract afterwards.
If a Man whilſt a Trader owes a Debt of 100l. to A. and leaving off his Trade
Comb. 463. borrows another 100l. of the ſame Perſon, and then pays him one of the 100l.
without mentioning, whether in Satisfaction of the former or the latter Debt,
yet it ſhall be applied to the former, and the Creditor ſhall never charge him
with a Commiſſion of Bankruptcy for that which remains. Reſolved per Holt.
Cro.Car.549.
A Farmer, as ſuch, cannot be a Bankrupt; but if he deals in buying and fell-
ing Potatoes, Wool, &c. as a Trader in thoſe Commodities, he may be a
Bankrupt.
No Perſon who ſhall adventure any Money in the Eaſt-India Company, or
13 and 14
Guinea Company, or any joint Stocks of Money by them raiſed for carrying on
the Trade by the Eaſt-India Company or Guinea Company to be managed; or
who ſhall adventure any Money in any Stocks for managing the Fiſhing Trade,
Geo. I. c. called the Royal Fiſhing Trade; nor any Member of the Bank of England, on
Account of his Stock; nor Perſons having Shares in the London, or Royal Ex-
change Inſurance Companies, ſhall be Bankrupts in Reſpect thereof.
5 Geo. II. C. No Farmer, Grafier, or Drover of Cattle, or any Receiver General of Taxes
30. S. 40.
granted by Act of Parliament, ſhall be deemed a Bankrupt.
March. Rep.
Thoſe Perſons who live on their Manual Labour only, as Huſbandmen, La-
37. Cro. Car. bourers, bare Handicrafts-men, &c. are not within the Statutes ; but ſuch as
buy Wares, and convert them into ſaleable Commodities, and ſo get their Liv-
ing by Buying and Selling, may be Bankrupts; as a Shoemaker, who buys
Leather and ſells it in Shoes; an Ironmonger, buying Iron and cauſing it to be
wrought into Wares; a Nailer, Lockſmith, &c.
Chapman a A Carpenter in London has been adjudged a Bankrupt, but not as a working
Lampſhire.
Carpenter.
A Clothier that buys Wool, and has it made up into Cloth, or works it into
Cloth himſelf, may become a Bånkrupt; but a Taylor who makes Garments
Crump'sCafe. only, as a Servant to his Cuſtomers, cannot be a Bankrupt, though a Saleſman
may.
It is held, that a Vintner, Brewer, Baker, Weaver, Dyer, Tanner, &c.
may be Bankrupts.
Members of Parliament, being Merchants within the Deſcription of the Sta-
tutes relating to Bankrupts, are made ſubject to the Bankrupt Laws; but are
not liable to Arreſt, except in Caſes made Felony by thoſe Laws.
Noy 158.
An Action of the Caſe will lie, for ſaying, of a Merchant, Mercer, Grocer,
4 Rep. 19.
Shoemaker, Dyer, Weaver, Corn-Maſter, or Baker in London, a Milliner, or
any other Tradeſman that gets his Living by Buying and Selling, that he is a
Bankrupt.

31.

4 Geo. III. C.
3.
i Roll Abr.
61.
What makes a Man a Bankrupt.


13 Eliz. C.
II.
I Jac. 1 C.
15
iſt, To depart the Realm, or
2d, To begin to keep Houſe, or otherwiſe.
3d, To abſent himſelf.
4th, To take Sanctuary,
Sth, To ſuffer himſelf wilfully to be arreſted, for any Debt or Thing not
grown due, or for a juſt Conſideration.
6th, To ſuffer himſelf to be outlawed.
7th, To yield himſelf to Priſon; and
8th, To depart from his Dwelling-houſe to the Intent or Purpoſe to defraud
or hinder a juft Creditor or Creditors of his or their juſt Debts or Duty.
9th,
OF BANKRUPTCY.
531
.

Came a Cole-
9th, Willingly or fraudulently to procure himſelf to be arreſted, or his Goods,
Money, or Chattels, to be attached or ſequeſtered.
joth, To make any fraudulent Grant or Conveyance of his Lands, Tenements, 21 Jac. I. C.
Goods or Chattels, to the Intent, or whereby his Creditors may be defeated or 15.
delayed in the Recovery of their juft Debts.
IthBeing arreſted for Debt, ſhall after his Arrēſt lie in Priſon two Months 21 Jac. I. C.
upon that or any other Arreſt or Detention for Debt. Theſe Lunar Months. 19.
12th, Obtaining Privilege; except of Parliament.
13th, Being arreſted for 100l. or more, of juſt Debt or Debts, and eſcaping
out of Priſon.
14th, If a Man conceals himſelf in his Houſe but a Day or an Hour; to delay Palm. 325.
or defraud his Creditors, it makes him a Bankrupt.
15th, If a Merchant-Trader indebted keeps in another Man's Houſe, or on
Ship-board; it is adjudged a keeping in his Houſe; but the withdrawing muſt
be on Purpoſe to defraud Creditors; and if á Man goes ſometimes at large
ſo as he may be met with one Time or other; it will excuſe him.
16th, Neglecting to make Satisfaction for any juiſt Debt to the amount of
one hundred Pounds, within two Months after Service for legal Proceſs for
ſuch Debt, upon any Trader having Privilege of Parliament.
If a Man commits a plain Act of Bankruptcy, as keeping Houſe, &c. though i Sal. 110.
he after goes abroad, and is a great Dealer, yet that will not purge the firſt Act of
Bankruptcy: but if the Act was not plain, but doubtful, then going abroad, and Hopkins a El-
trading, will be an Evidence to explain the Intent of the firſt Act; for if it was his line and
not done to defraud Creditors, and keep out of the Way, it will not be within
the Statute:
If after a plain Act of Bankruptcy committed, he pays off, or compounds with
all his Creditors, he is become a new Man. Panorum
Lying in Priſon makes a Man a Bankrupt from thë firſt Arreſt, that is from the Sal. 109.
Time of his firſt Arreſt; upon which he lies in Priſon, and not where he puts
in
ſufficient Bail, for that might be infinitely prejudicial and miſchievous, and no Adjudged in
Man would ever ſafely pay or receive from a Tradeſman.
The laſt Reſolution is contradicted by that in Smith and Stracy, where it is held Exc. C.
by Holt, that if a Defendant renders in Diſcharge of his Bail, and lies two Sal. 110.
Months, he is a Bankrupt from the firſt Arreſt, and not from the Render only,
but the Commiſſion being taken out before the two Months were expired, it was 2 Show. 519.
held ill taken out.
The lying in Priſon two Lunar Months makes a Man a Bankrupt from the firſt Hope a Gill
.
Arreſt, and although the Commiſſion was taken out before the two Months were
adjudged by
expired, yet he appearing afterwards to be a Bankrupt by a Relation to a Time at Guildhall,
before the taking out the Commiſſion, it was held fufficient.
Acts of Bankrupts muſt be in fraudem Creditorum, as if a Man be outlawed it · Keb. 11.
muſt be in fraudem Creditorum.
Bradford's
A fraudulent Deed, made long before any other Act of Bankruptcy committed,
ſhall not be deemed an Act of Bankruptcy.
Cartwright a
If after a Commiſſion is iſſued, the Bankrupt ſhould pay, or ſatisfy, or ſecure Underhili
,
the petitioning Creditor his Debt, ſuch Payment, Satisfaction, or Security, ly reported.
ſhall be an Act of Bankruptcy, and the firſt Commiſſion Thall be ſuperſeded, s Geo. II. C.
30. S. 24.
and a new one granted,
21 Jac. I. C.
To prefer a Bill or Petition to the King, or any of his Courts, to compel the 19. S. 1.
Creditors to compound, or give further Time, is an Act of Bankruptcy.
In Reſpect to the Attachments and Sequeſtrations, they muſt be of the Party's hot now lie
immediate procuring, and not by his mere Default or Laches to make him a and therefore
Bankrupt within the Stat. 1 Jac. I. C. 15. And what Sales and Conveyances
made by Perſons, Mall be deemed fraudulent within the Statute to make them
Bankrupts may be conſidered two Ways;
1. Either ſuch as are made long before a Perſon becomes a Barikrupt, &c. or,
2. Such as are made ſome fhort Time before ; for what is done after the Time Gooding 30
of Bankruptcy is totally void.
man.
B. R. and
confirmed
Lord Rayn.
Mich.
5
Geo.
II.
Caſe.
Hutt. 42, 43.
But there Sort
of Bills will
are diſuſed,
31.
4
If
532
OF BANKRUPTCY.

>
If a Trader finding himſelf in a finking Condition with Reſpect to his Fortune
makes a Conveyance of all his Lands and Goods to Truſtees, for the Payment of
his real Debts, and then abſconds; this Conveyance, though it may be truly and
honeſtly intended, ſhall not excuſe him, for his very abſenting makes him a
Bankrupt; but if he does not abſcond, and declares his Intention to pay his
Debts, and the Truſtees act accordingly, paying proportionably as far as it will
go; ſuch a Conveyance, without other Act, ſhall not make him a Bankrupt,
as here is no Fraud.
Before the making the Statute 5 Geo. II. C. 30. one Norcourt, who had long
followed the Buſineſs of a Goldſmith, on Michaelmas Day 1726, after ſhutting up
his Shop, and contemplating his Inability to pay what he owed, made an Aſſignment
to one Small, of two Leafes, and alſo of two Thirds of his Stock in the Wine
Trade, which he was concerned in with one Oudley, being about the Value of 300l.
and this he did to give a Preference to his Creditor Small (though without his
Knowledge) and to ſecure his Debt, who in Friendſhip had then lately advanced
him a conſiderable Sum of Money. Norcourt never opened his Shop again, but
went off the very next Day, and was afterwards found a Bankrupt, and to have
become ſuch the Day after Michaelmas Day; and on taking out the Commiſſion
all his Eſtate was aſſigned by the Commiſſioners to one Man, an Allignee.
On this, Small, who was the Aſſignee of theſe Leaſes, and likewiſe of the two
Thirds in the Wine Trade, brought his Bill againſt Man, the Aſſignee in the
Commiſſion, and againſt Oudley, the Partner in the Wine Trade, to oblige them
to account; it was here objected for the Defendants, that this Aſſignment made
by the Trader when it was reſolved by him that he would be a Bankrupt the
next Day, and to prefer this Creditor to all others, by which the equal Diſtri-
bution of his Effects intended by the Statute is prevented, muſt be a void
Atlignment; beſide it being made without the Privity of Small
, &c. is there-
fore fraudulent, after all which, Small comes to have this eſtabliſhed, and
through Partiality to be aſſiſted in a Court of Equity, which, if allowed, will
effectually ſet aſide ſuch Parts of ſeveral Statutes as give an equal Diſtribution
of the Bankrupt’s Eſtate to all his Creditors.
Maſter of the Rolls. This is a Caſe of Conſequence, as it affects Trade in
general, and as it tends to fruſtrate the Statutes made for the equal Diſtribution
of Bankrupt’s Effects; but I ſtill think the Aflignment made by Norcourt to
Small the Plaintiff is good, and that he is intitled to an Account of this Wine
Trade againſt the Defendant Oudley.
the
As to the Matter of Bankruptcy, that is a Term not known to our common
Law, but introduced by Statutes; the 3d of Hen. VIII. C. 4. which is the
firſt, is very imperfect, the next of the 13th of Eliz. C. 11. is more large, and
that Statute ſince enlarged by ſeveral ſubſequent ones: Now theſe Statutes do
aſcertain what Acts make a Bancruptcy, and there can be no ſuch Thing as an
equitable Bankruptcy, it muſt be a legal one.
There may be juſt Reaſon for a ſinking Trader to give Preference to one Cre-
ditor before another ; to one that has been a faithful Friend, and for a juſt Debt,
for Money lent to him in Extremity, when the reſt of his Debts might be due
from him as a Dealer in Trade, wherein his Creditors may have been Gainers;
whereas the other may not only be a juſt Debt, but all that ſuch a Creditor has in
the World to ſubſiſt upon ; in this caſe, and ſo circumſtanced, the Trader honeſtly
may, nay, ought to give the Preference; and in ſuch Caſe, it is not the Time
when the Aſſignment was made by the Trader that is material, provided it be
before the Bankruptcy, but the Juſtneſs of the Debt is very material.
The Objection, that Small the Aſſignee did not know of this Aſſignment
ſeems rather an Advantage to him, for this ſhews, that there was no Fraud nor
Importunity uſed by the Aſſignee; and oftentimes, upon the Account of mere
Importunity, a Trader has, when in Trouble, been prevailed upon to make
ſuch Aſſignment.
And as to the Creditor, the Aflignees coming into Equity, I admit that every
Perſon who comes here, ought to come with an innocent and juſt Cauſe, and
3
the
O F B A N K R U P T C Y.
533
the now Plaintiff, for what appears, does fo; however, what diſtinguiſhes the
preſent Caſe in his Favour is, that the Aſſignment being of a Choſe in Aetion, he
could in the Nature of the Thing apply no where elſe for Relief, or to have the
Benefit of the Aſſignment, but in Equity.
As to Precedents, the ſame was done in the Caſe of Cock and Goodfellow, where
the Aſſignment was made by Mrs. Cock, juſt before her Bankruptcy, and in Truſt
for her own Children; and as to Part, it was but a Direction to the Truſtee to af-
ſign her Stock in the Bank, &c. and Lord Macclesfield declared, that this was ſo far
from being an Act of Fraud in Mrs. Cock, though it was for her own Children,
that it ſeemed to be juſt and commendable. So in the Caſe of Jacob and Shep-
berd; the Trader Shepherd was on the Brink of Bankruptcy, and the Deed brought
ready engroſſed to him, which he executed a little before his Bankruptcy, to give a
Preference to ſome of his Creditors; indeed I doubted this, but on an Appeal,
the Lord Chancellor Macclesfield ordered a Trial, to be informed when the Trader
became a Bankrupt; and the Execution of the Deed being found to have been
before the Bankruptcy, the Decree was in Favour of the Deed. The like hap-
pened in Sir Stephen Evans's Cafe, who having executed a Deed immediately
before his Bankruptcy, and with a View to prefer ſome Creditors, the fame Norcourt's
prevailed. So that according to theſe Precedents, I muſt decree in Favour of Caſe, Mich.
this Deed, giving a Preference to the Plaintiff.

1727
Of the Commiſion and Commiſioners, and how they may examine the Bunkrupt, bis
Wife, and others.
30.
S. 23•
A
Commiſſion of Bankruptcy can iſſue only upon the Petition and Affidavit 5 Geo. II, C.
of a Creditor or Creditors, and not unleſs the ſingle Debt of ſuch Creditor,
or of two or more, being Partners, petitioning, amounts to 100l, or unleſs the
Debt of two Creditors, ſo petitioning, ſhall amount to 150l. or unleſs the Debt
of three or more Creditors, ſo petitioning, ſhall amount to 2001, and alſo upon
ſuch Creditors giving Bond to the Lord Chancellor, Keeper, or Commiſſioners of
the Great Seal, in the Penalty of 200l. conditioned for proving their Debts, as
well before the Commiſſioners, as on a Trial at Law, as alſo for proving the Party
Bankrupt at the Time of taking out the Commiſſion, and farther to proceed on
fuch Commiſſion as by the Statute directed.
One petitioned for a Commiſſion of Bankrupt againſt Lee, and his Debt Deer Will.
(amounting to 100l.) appeared to conſiſt of Notes, made payable by the Bankrupt Term 1721.
to other Perſons, who had endorſed them to the Petitioner, and to have been ex Parte Lee.
bought in by him at ten Shillings in the Pound; upon which it was objected,
that a Creditor coming by his Debt in this Manner was not entitled to ſue out a
Commiſſion; but Lord Chancellor Macclesfield ruled, that though the Petitioner
had thus gained the Notes, he was a Creditor for the full Sums of them, and
may ſue out a Commiſſion accordingly.
A Commiſſion of Bankruptcy is not a Matter diſcretionary, but to be granted 1 Vern. 152.
de Jure; and it has been adjudged, that if all the petitioning Creditors for a Com-
million ſhould agree to have it diſcharged or ſuperſeded, it may be granted ; and Alderman
in Caſe other Creditors, that were not Petitioners, ſhould pray a Renewal of the Backwell's
Commiſſion, or a Revocation of the Superſedeas, it may be granted.
After a Commiſſion is ſued forth, and dealt in by the Commiſſioners, they 1 Jac. I. C.
may proceed though the Bankrupt die.
The Commiſſion ſhall not abate by the Death of the King; and Commiſ-
fions ſhall be renewed on the Death of the Commiſſioners, upon paying half 5 Geo. II. C.
30. S. 45.
Fees.
The Commiſſioners are appointed under the Great Seal, and ought to be Men
Eliz, C.7.
(as the Lord Coke ſays) of Wiſdom, Honeſty, and Diſcretion; as they have Power
over the whole Eſtate, Freehold, Copyhold, Goods, Debts, Chattels, and
Effects of the Bankrupt.
The Cominiſſioners may ſell the Bankrupt's Land by Deed inrolled; they may Ditto.
i Vent. 360.
ſell his Goods without Inrolment, but not Land.
6 U
The
15. S. 17.
2 Show. Caſes
193
13
534
OF BANKRUPTCY.
13 Eliz.
19. S. 10.
234. S, C.
S. 15
ig.
5 Geo. II. C.
The Commiſſioners may ſend for and examine ſuch Perſons, as have, or are
C. 7. S. 5. ſuſpected to have, any of the Bankrupt's Goods, Wares, or Debts in their
Cuſtody, Power, or Uſe, and who are, or be ſuſpected to be indebted to the
Bankrupt, and to examine them on their Oaths, or otherwiſe, as they ſhall think
fit, touching the Premiſes; and if any refuſe to be examined, or do not diſcover
the whole Truth, they ſhall forfeit double the Value of the Goods concealed, to
be diſtributed by the Commiſſioners, as the reſt of the Bankrupt's Eſtate.
i Jac. I, C.
The Commiſſioners have Power to commit Perſons refuſing to appear to be
examined, or appearing, refuſe to be examined on Interrogatories.
5 Mod. 3-8. One Bracey was committed by the Commiſſioners for refuſing to be examined,
Comb. 39o. and the Warrant concluded, that he ſhall be committed until he conform to the
Seit. & Rem. Authority of the Commiſſioners; the Words of the Statute 1 Jac. I. C. 15 are
“ until he ſubmit to the Commiſſioners, and be by them examined.”
i Sal. 348.
This was held to be a void Commitment, and Bracey was diſcharged upon an
Hab. Corp.
i Jac. I. C. Witneſſes to have their Charges, to be taxed by the Commiſſioners, and paid
15. S. 11.
out of the Eſtate ; and being guilty of Perjury, or Subornation of Perjury,
indictable and puniſhable according to the Stat. 5 Eliz. againſt Perjury.
The Commiſſioners ſhall declare to the Bankrupt how they have beſtowed his
Lands and Goods.
21 Yac, I. C.
The Commiſſioners empowered to examine the Bankrupt's Wiſe, touching
the Efate.
They may by their Warrant appoint their Officers to break open the Bank-
rupt's Houſe, Shop, &c.
Commiſſioners may examine all Perſons, as well by Word of Mouth, as on
38: 5.16, 17, Interrogatories, relating to the Trade, Eſtate, and Effects of the Bankrupt, or
any Act or Acts of Bankruptcy committed, and may reduce into Writing the
Anſwers on verbal Examinations, which ſhall be ſigned by the Examinant, and
in Caſe of a Refuſal to anſwer, or not fully anſwering all lawful Queſtions, or re-
fuſing to ſign the Examination, not having a reaſonable Objection to the Wording
thereof, or otherwiſe to be allowed by the Commiſſioners, they may commit
till the Party complies; but the Queſtion refuſed to be anſwered muſt be ſtated
in the Warrant of Commitment.
If a Warrant of Commitment be infufficient in Form, and a Hab. Corp. be
brought, the Court or Judge before whom the Hab. Corp. is brought, ſhall
make a new Commitment to the fame Priſon, unleſs it appears that the Party
had before complied.
Commiſſioners are incapable of acting till they have taken an Oath that they
30. S. 43.
will faithfully, impartially, and honeſtly behave in the Execution of the Commiſ-
fion, which Oath they are to adminiſter to each other, and keep a Memorandum
thereof by them, ſigned among the Proceedings.
The Oath is as follows:
I
A. B. do ſwear, that I will faithfully, impartially, and honeſtly, according to
the beſt of my Skill and Knowledge, execute the ſeveral Powers and Truſts re-
poſed in me, as a Commiſioner in a Commiſſion of Bankrupt, againſt E. F. late of
&c. and that without Favour or Affection, Prejudice, or Malice.
So help me God
No Time is generally limited for the taking out the Commiſſion, though the
ſooner doubtleſs the better for the Creditors; and the Proviſo in the Stat. 21 Jac.
I. C. 19. as to particular Caſes, mentions, that the Commiſſioners muſt be ſued
within five Years after ſome Time when the Party became a Bankrupt.
A. took out a Commiſſion of Bankruptcy againſt B. and kept it for ſix Months
without doing any Thing therein; he then executed it, and the Party was found
a Bankrupt: On a Petition to ſuperſede this Commiſſion, it was ſaid by A. in
Excuſe for keeping it ſo long by him unexecuted, that he was not at firſt certain
his Proof was fuficient to find B. a Bankrupt; but it appeared afterwards there
were good Grounds for a Commiffion, and that he was found to be a Bankrupt
accordingly.
5 Geo. II. C.

In
OF BANKRUPTCY.
535
In this Caſe the Lord Chancellor ſaid that it was very wrong in A. to keep 2 Peer Will.
the Commiſſion thus long in his Pocket; and until he had ſufficient Proof of the Rep. 545,
Bankruptcy he ought not to have taken out the Commiſſion, which, by having
546.
been kept ſo long private, might have been the Means of drawing in Múltitudes
of People to give Credit to the Bankrupt, and of furniſhing him with Opportu-
nities of defrauding many; wherefore he ſuperſeded the Commiſſion; and it be-
ing objected that this would only bring a freſh Expence upon the Bankrupt’s
Eſtate by the Charge of another Commiſſion; his Lordſhip replied, he would
take Care that the former Commiſſion ſhould not be at the Charge of the Bank-
rupt’s Eſtate.
A Commiſſion, at the Complaint of fifteen Creditors, was iſſued on the Statute
of Bankrupts, againſt Alderman Backwell, who died ſhortly after; and theſe Cre-
ditors having a Judgment, and ſuppoſing thereon they might have better Remedy
than their Proportion would amount to on the Commiſſion, they ſtuck to that,
and the Heir of the Bankrupt paid their Debts; and no other Creditors appear-
ing then, to proſecute, the Commiſſion by their Conſent was ſuperſeded, after
which, thirty other Creditors-ſued for a Diſcharge of the Superfedeas, which,
after being argued before Lord Chancellor Jefferies, was done, and his Lordſhip 2 Chan. Caſe
renewed the Commiſſion; for the Reaſons, that when a Commiſſion is granted, 143, 191.
it is not for the Benefit of the Petitioners only, but expreſsly for the Benefit
of all the Creditors.
A Coinmiſſion having iſſued againſt one Hughes, on a certain Day at eleven
o'Clock in the Morning, the Commiſſioners met, and proceeded to declare him a
Bankrupt, and the Declaration was ſigned by them between three and four
o'clock in the Afternoon, and the Aſſignment of the Bankrupt's Goods executed
by Six, at which Inſtant the Commiſſioners had Notice, that the Bankrupt died
that Day at one in the Afternoon, which was the firſt Notice they had of his
Death : On a Bill brought againſt an Aſſignee under the Commiſſion, for an
Account of ſuch Goods of the Bankrupt, as had come to his Hands, the De-
fendant pleaded the Commiſſion, and the Proceedings thereon ; and the Lord
Chancellor Talbot held the Plea to be good.
For the Meeting of the Commiſſioners in Order to declare the Party a Bank-
rupt, and whatever is done in Purſuance of the Commiſſion, ſhall be taken to
be a Dealing in it, if never ſo minute; and the rather, for that the Statutes of
Bankrupts being remedial Laws, are to be beneficially conſtrued, in favour of Talbot's
the Creditors; and therefore my Lord would not overthrow this Commiſſion,
and all the juſt Right of the Creditors claiming under it.
A Commiſſion of Bankruptcy was taken out againſt a Perſon, and upon the
Bankrupt complaining, that one of the Creditors had come in under the Commiſ-
fion and proved his Debt, yet he had arreſted the ſaid Bankrupt, who in his Peti-
tion prayed to be diſcharged; and here Lord Chancellor King obſerved, that it had
been the Conſtruction of the Court of Equity upon the latter Statute, which diſ-
charges the Bankrupt of his Debts, on his procuring a Certificate, figned by four
Fifths of his Creditors and allowed by the Chancellor, that where a Trader be-
comes a Bankrupt, any one of his Creditors comes in on the Commiſſion, to
prove his Debt, though with Deſign only to oppoſe the Bankrupt’s Certificate,
nevertheleſs this Proceeding of the Creditor is an Election to take his Remedy
for his Debt under the Commiſſion ; and if pending that, the Creditor ſues and
arreſts the Bankrupt, it is taken to be an Oppreſſion: Therefore he ordered the
Creditor at his own Expence to diſcharge the Bankrupt out of Cuſtody. But he
faid, if ſuch Creditor would wave having any Benefit under the Statute, ſtay a
reaſonable Time, and there was an Improbability of the Bankrupt's being able
to gain his Certificate, ſigned by four Fifths, in Number and Value, of his Credi-
tors, or allowed by the Court; in ſuch Cafe, if the Créditor ſhould apply to the
Court, declaring his Conſent to wave any Right or Share of the Bankrupt's Eſtate
under the Commiſſion, and praying that he might ſue the Bankrupt; it would Mich, 1726.
be reaſonable and proper for the Court to give Leave to ſuch a Creditor to pro-
ceed at Law againſt the Bankrupt for his Debt.
One Salkeld, a Clothier in Town, was indebted to one Hale, for Clothes 1 Peer Will.
which Salkeld made over to a Relation for a pretended Debt; on which Hale Rep: 500.0
brought L. C. Parker.
Chan, Cafe.
184:
Hill. 1735.
Salkeld's Caſe.
6365
OF B A N KRU P Í C Y.
brought an Action againſt him, and having obtained Judgement, took him in
Execution on a Capias ad Satisfaciendum, about two Years after the A& 5 Geo. I.
C. 24. was made. The Relation took out a Statute againſt Salkeld, in Order
to ſerve him, and Hale was prevailed on to be an Aſiignee, though the Bankrupt's
Eſtate proved to be only a few Shillings, and ſome deſperate Debts.
Salkeld thereupon petitioned that he might be diſcharged out of Execution, fince
Hale, at whoſe Suit he was taken, had come into the Commiſſion and proved his
Debt, and not only ſo, but was the Aſſignee under it. That though Hale had
propoſed waving all Benefit and Advantage accruing from the Commiflion, yet
this was now too late, he having come in under it, proved his Debt, and con-
ſented to be an Aſſignee, which was a plain Election to proceed this Way, and
ſuch Election being once made, could not be waved afterwards. But Lord Chan-
cellor Parker: This Commiſſion was plainly ſued out fraudulently by the Bank-
rupt’s Relation, to diſcharge the Bankrupt out of Cuſtody; the Propoſal is fair
on the Creditor's Side to wave any Benefit under the Commiſſion, and therefore
ought to be accepted; and the Creditor cannot be ſaid to elect to be ſatisfied out
of an Eſtate, when there is no Eſtate, which more particularly diſtinguiſhes this
Caſe. I will not diſcharge this Bankrupt to the Prejudice of a Creditor, where
it appears, on the Face of the Thing, that the Commiſſion was ſued out in Fa-
vour of the Bankrupt himſelf, by his Relation, and not for the Service and
Advantage of the Creditors.

Of the Bankrupt's Surrender, Examination, Diſcovery, Allowance, and Certifi-
cate; and of entering the Proceedings, &c. of Record.
AFTER the Commiffioners named in a Commiffion
of Bankruptcy ſued for,
have, in Conſequence of Proofs made to them, found any one to be a
Bankrupt; they make and ſign the following Declaration, viz.
6
· WE whoſe Names are hereunto ſubſcribed (or underwritten) being the
major Part of the Commiſſioners appointed for the Execution of the
• Commiſſion of Bankruptcy, awarded againſt C. D. &c. upon the Oath and Ex-
• amination of divers Witneſſes, do conceive (or have found) that the ſaid C. D.
the --- Day of January laſt (or before the ſuing forth of the ſaid Commiſſion)
was and did become a Bankrupt, within all, or ſome of the Statutes, made
concerning Bankrupts ; and accordingly we declare him to be a Bankrupt, and
to have been ſo from that Time.
G. H.
I. K.
L. M.
C
But the Commiſioners are generally cautious in declaring the Bankruptcy from a
certain Time, but
leave it to a Trial at Law, in Caſe there be any Queſtion or Doubt
of it; and this is to ſecure themſelves from Actions that may be brought againft
them.
Alſo it is here obſerved, that the Declaring of the Commiſſioners, whether
he be a Bankrupt or not, doth not acquit or charge him, unleſs in Truth it
were ſo.
And after they have declared the Party a Bankrupt, they then make out the
following Warrant for ſeizing his Effects.
W
Hereas the King's Majeſty's Commiſſion under the Great Seal of Great-
Britain, grounded upon the ſeveral Statutes made concerning Bankrupts,
bearing Date at Weſtminſter the ſame Day with this our Warrant (or according to
the Date) hath been awarded againſt A. B. of, &c. Dealer and Chapman, di-
' rected to us who have hereunto fet our Hands and Seals, together with F.C. Efq;
and D. S. Gentlemen ; and we being the major Part of the Commiſſioners
' named and authorized by Virtue of the ſaid Commiſſion, having begun to put
' the ſaid Coinmiſſion in Execution, upon due Examination of Witneſſes, or other
• good Proof upon Oath before us taken, have found that he the ſaid A. B. did
for
1
OF BANKRUPTCY.
537
• for ſeveral Years laſt paſt trade and deal as a Chapman, and by ſuch his Dealings
• became indebted to C. D. of, &c. Hatter, in the Sum of one hundred and eighty
Pounds, and being ſo indebted as aforefaid, he the ſaid A. B. became Bankrupt
' to all Intents and Purpoſes, within the true Intent and Meaning of the ſeveral
• Statutes made againſt Bankrupts, fonie or one of them, before the Date and
' ſuing forth of the ſaid Commiſſion; theſe are therefore, by Virtue of the faid
• Commiſſion, and the ſeveral Statutes therein mentioned, to will and require,
• authorize and impower, you, and every of you, to whom this our Warrant is
directed, forthwith to enter into and upon the Houſe and Houſes of him the
• faid A. B. and alſo into all other Place or Places, belonging to himn the ſaid
* A. B. where any of his Goods are, or are ſuſpected to be, and there ſeize all the
ready Money, Jewels, Plate, Houſehold Stuff, Goods, Merchandize, Books
of Account, and all other Things whatſoever belonging to him the ſaid A. B. and
• ſuch Things as you ſhall ſo ſeize you ſhall cauſe to be inventoried and appraiſed,
by honeſt Men of Skill and Judgement, and the fame you ſhall return to us
' with all convenient Speed, and what you ſhall ſo ſeize you ſhall ſafely detain
• and keep in your Poffeflion until we ſhall give you Order for the Diſpoſal
thereof; and in Caſe of Reſiſtance, or of not having the Key or Keys, of any
• Door or Lock belonging to any Place or Places of him the ſaid A. B. where
any of his Goods are, or are ſuſpected to be, you ſhall break open, or cauſe
• the ſame to be broken open, for the better Execution of this our Warrant.
• Given under our Hands and Seals this 24th Day of January, in the Year of
our Lord 1782.
4. H.
• To G. H. our Meſſenger, and
7. W.
• alſo to J. K. bis Afiftant.'
A. H.
To all Mayors, Bailiffs, Conſtables, Headboroughs, and all other bis Ma-
jeſty's loving Subjects, whom we require to be aiding and aſſiſting in the
Execution of this our Warrant, as Occahon ſhall require.
And likewiſe ſend a Summons to the Bankrupt, which is alſo his Warrant of
5 Geo. II. C.
Protection from Arreſts during the forty-two Days allowed for his Examination, 30. S. 2.
or the farther Time granted for finiſhing it, being forty-nine Days, the Form of
which is as follows:
WH
Day of
HEREAS a Commiſſion of Bankrupt on the 24th Day of January,
1782, iſſued under the Great Seal of Great-Britain, againſt you A. B. of,
• &c. Dealer and Chapman ; and whereas the major part of the Commiſſioners
in the ſaid Commiſſion named and authorized, have declared you to be a Bank-
rupt; We the ſaid Commiſſioners do hereby fummon and require you the ſaid
• A. B. perſonally to be and appear before the Commiſſioners in the ſaid Com-
« miſſion named, or the major Part of them, on the
In-
• ſtant, at nine in the Morning, and on the and
Days of
next,
at three in the Afternoon, at Guildhall, London, then and there to be examin.
• ed, and to make a full and true Diſcovery and Diſcloſure of all your Eſtate and
« Effects, according to the Direction of the Acts of Parliament now in Force
concerning Bankrupts; and particularly the Aet paſſed in the fifth Year of his
• late Majeſty's Reign, entitled, An Axt to prevent the committing of Fraud
by Bankrupts; and herein fail not at your Peril. Given under our Hands
1782.
Day of
4. H.
yW
TO A. B. the Bankrupt.
A. H.
1
As ſoon as the Warrant of Seizure is executed, and the Bankrupt has received
his Summons from the Commiſſioners, he ought in Prudence to ſurrender himſelf
at their firſt Meeting, as well to Thew his Willingneſs of complying with the Sta-
6 X
tute
538
OF BANKRUPTC Y.
5 Geo. II.
C.
tute as to ſecure himſelf from Arreſts and Impriſonment, though his appearing at
the faid Time is not abſolutely required.
And after ſuch Surrender, the Bankrupt ſhall, at all reaſonable Times, before
C. 30. S. 5. the Expiration of the forty-two Days, or ſuch further Time as ſhall be allowed
him to finiſh his Examination, be at Liberty to inſpect his Books, Papers, Writ-
ings, and Accounts, in the Preſence of his Aſſignee or Alignees, or any Perſon
appointed by them, and ſhall have Liberty to bring with him ſuch Perſons as he
ſhall think fit (not exceeding two at a Time) to make out ſuch Extracts and
Copies from thence as he ſhall think fit, the better to enable him to make a full
and true Diſcovery of his Eſtate and Effects; and in order thereto the ſaid Bank-
rupt ſhall be free from all Arreſts, Reſtraint, or Impriſonment of any of his
Creditors in coming to ſurrender, and from the actual Surrender of ſuch Bank-
rupt for and during the ſaid forty-two Days, or ſuch farther Time as ſhall be
allowed him for finiſhing his Examination.
Provided the Bankrupt was not in Cuſtody at the Time of ſuch Surrender, and
in Cafe he ſhall be arreſted for Debt, or on any Eſcape Warrant in coming to
ſurrender himſelf, or after his Surrender within the Time aforementioned, that
then upon producing ſuch Summons, under the Hands of the Commiſſioners or
Aſſignees, to the Oficer who ſhall arreſt him, and making it appear to ſuch
Oficer, that the Summons was ſigned by the Commiſſioners or Aſſignees, and
giving the Officer a Copy thereof, he ſhall be immediately diſcharged, and in Cafe
any Officer ſhall detain ſuch Bankrupt (after he thall have ſhewn ſuch Summons
to him, and made it appear it was ſigned as aforeſaid) in his Cuſtody, ſuch Of-
ficer ſhall forfeit and pay to the Bankrupt for his own Uſe, the Sum of five
Pounds for every Day the Officer ſhall detain him, to be recovered by A&ion of
Debt in any of his Majeſty's Courts of Record at Weſtminſter, in the Name of
the Bankrupt, with full Coſts of Suit.
A Commiſſion of Bankrupt iſſued againſt Philips de Fries in the Month of
July 1732, and he was declared a Bankrupt, and required to ſurrender himſelf
to the Commiſſioners; and when the Meſſenger executed the Warrunt of Seizure,
the Bankrupt, without Reſiſtance, delivered up his Keys and Effects to him,
and promiſed to ſubmit to the Commiſſioners, and comply with the Directions
of the Act.
The Summons was not ſerved upon him till the firſt Day mentioned for his
Surrender in the Gazette (and three Days after executing the Warrant of Seizure)
and about an Hour after the Service of the Summons, and before he ſurrendered
himſelf, he was arreſted, and thereupon he petitioned the Lord Chancellor;
amongſt other Things, to be diſcharged; and the Petition came to be heard
before he had ſurrendered himſelf; and upon the Hearing, Lord Chancellor
King ſo far conſidered what he had done (and which was all that he could then
do) as a Compliance with the Act, that he held
he ought to be diſcharged, but
diſſuaded the Bankrupt from ſuing the Officer for the Penalty; and thereupon
an Order was made accordingly by Conſent.
Ditto, S. 6. Every ſuch Bankrupt, after Aflignees ihall be appointed, is to deliver upon
Oath or Affirmation, before one of the Maſters of Chancery, or Juftice of Peace,
unto ſuch Aſſignees, all his Books of Accounts and Writings, not ſeized by the
Meſſenger of the Commiſſion, or not before delivered up to the Commiſſioners,
and then in his Power, and diſcover ſuch as are in the Power of any other Per-
fon, that any Ways concern his Eſtate ; and every ſuch Bankrupt, not in Priſon,
Thall after ſuch Surrender be at Liberty, and is required to attend ſuch Aſlignees
upon
Notice in Writing, in order to aſſiſt in making out the Accounts of the
Eftate.
If the Perſon againſt whom the Commiſſion is taken out, is in Priſon or
Cuſtody, the Commiſſioners grant their Warrant to the Warden of the Fleet,
or Marihal of the King's Bench, or to any Perſon who has the Bankrupt’s Body
in Cuſtody on meſne Proceſs, to bring him to be examined before them.
But if the Bankrupt is in Execution, and cannot be brought before the Com-
miſſioners, then the acting Commiſſioners ſhall from Time to Time attend the
Bankrupt in Priſon or Cuſtody, and take his Diſcovery as in other Caſes.
It



I
OF BANKRUPTCY.
539
lawfully convicted by Indictment or Information) - without Benefit of Clergy;
It is undoubtedly the Obligation of every Perſon, who is ſo unfortunate as
to have a Commiſſion of Bankruptcy taken out againſt him, to behave in every
Reſpect with the greateſt Integrity, and to do all Things in his Power to ſerve his
Creditors, as well by his Aſliſtance in ſettling his Accounts (which he ſhould
carefully place in the cleareſt and trueſt Light) as by his diligent Attendance on
the Aſſignees, and putting them in the beſt Method of ſecuring and recovering
his Effects; for the Loſs of his Creditors ſhould not be augmented through his
Neglect, as a Man has it always in his Power to be honeſt, though he cannot
command Fortune, or very often prevent Misfortune ; however, as Honeſty is
not a conſtant Attendant on all Bankrupts, the Law has furniſhed the Commiſ-
ſioners with a ſufficient Power to oblige them to ſubmit to an Examination, and
to make them be juſt in it. For
If the Bankrupt ſhall refuſe to be examined, or not give a full and ſatisfactory 13 Eliz. C.7.
Anſwer to every Interrogatory miniſtered to him by the Commiſſioners, it ſhall: Jac. C. 15.
21 Jac.C.19.
be lawful for them to commit the ſaid Offender to ſome ſtrait or cloſe Impriſon-
ment, there to remain until he ſhall better conform himſelf. And,
If the Bankrupt ſhall not, within forty-two Days after Notice for his Sur- 5 Geo. II. C.
rendering in Writing, left at the uſual Place of his Abode (or on Perſonal No-30. S. 1.
tice if the Bankrupt be in Priſon) and Notice given in the London Gazette, that
ſuch a Commiſſion is iſſued, and of the Time and Place of Meeting of the Com-
miſſioners, ſurrender himſelf to them, and ſign ſuch ſurrender, and ſubmit to
be examined from Time to Time upon Oath, by and before ſuch Commmif-
ſioners, and in all Things conform to the ſeveral Statutes already made and now
in Force concerning Bankrupts, and alſo upon ſuch his Examination, fully and
truly diſcloſe and diſcover all his Effects and Eſtate, real and perſonal, how and
in what Manner, and to whom and upon what Conſideration, and at what
Time or Times he hath diſpoſed of, aſſigned, or transferred any of his Goods,
Wares, Merchandizes, Monies, or other Eſtate and
and Effects, and all Books,
Papers, and Writings relating thereto, of which he was poffeffed, in, or to
which he was any Ways intereſted or intitled, or which any Perſon or Perſons
had or hath, or have had in Truſt for him, or for his Uſe, at any Time before
or after the Iſſuing of the ſaid Commiffion, or whereby ſuch Perſon, or his
Family, hath, or may have, or expect any Profit, Poſſibility of Profit, Benefit,
or Advantage whatſoever, except only ſuch Part of his Eſtate and Effects as ſhall
have been really and bona fide before ſold or diſpoſed of in the Way of his Trade
and Dealings, and except ſuch Sums of Money as ſhall have been laid out in the
ordinary Expences of his family, and alſo upon ſuch Examination, deliver up
to the ſaid Commiſſioners all ſuch Part of his Goods, Wares, Merchandizes,
Money, Eſtate, and Effects, and all Books, Papers, and Writings relating thereto,
as at the Time of ſuch Examination ſhall be in his Poſſeſſion, Cuſtody or Power,
(his neceſſary Wearing-Apparel, and that of his Wife and Children only ex-
cepted) then he, the ſaid Bankrupt, in Caſe of any Default and wilful Omiſſion,
in not ſurrendering and ſubmitting to be examined as aforeſaid, or in Caſe he
fhall remove, conceal, or embezzle any Part of ſuch his Eſtate, real or perſonal,
to the Value of twenty Pounds, or any Books of Accounts, Papers, or Writings
relating thereto, with an Intent to defraud his Creditors (and being thereof
1h deemed and adjudged
Felonyſhall ,
or the Benefit of any Statute made in Relation to Felons; and in ſuch Caſe, ſuch
Felon's Goods and Eſtate ſhall go and be divided among the Creditors, ſeeking
Relief under Commiſſion.
Though it is lawful for the Lord Chancellor, Lord Keeper, or Commiſſioners Ditto, S. 3.
of the Great Seal, to enlarge the Time for ſuch Perſon's ſurrendering himſelf,
and diſcovering his Effects, as the ſaid Lord Chancellor, &c. ſhall think fit, not
exceeding fifty Days, to be computed from the End of the ſaid forty-two Days;
ſo as ſuch Order for enlarging the Time be made by the Lord Chancellor, &c.
ſix Days, at leaſt, before the Time on which ſuch Perſon was to ſurrender him-
felf, or make ſuch Diſcovery as aforeſaid,
When





540
OF B A N KRUPTCY.
Ditto, S. 10. When the Bankrupt has paſt his laſt Examination, and his Certificate is figned
by four Fifths of his Creditors in Number and Value, who have proved their
Debts, and have each owing to them 20l. or upwards, the Commiſſioners then
certify to the Lord Chancellor, that the Bankrupt hath in all Things conformed
to the ſeveral Statutes made and now in Force concerning Bankrupts, and the
ſaid Bankrupt having made Oath that the ſigning his Certificate was obtained
fairly and without Fraud; and due Notice having been given of his faid Con-
formity in the London Gazette, and no Objection made by any of the Creditors
to the Allowance thereof, his Lordſhip is pleaſed to allow the Certificate in
the following Manner:
May 10, 1782.
HEREAS the uſual Notice hath been given in the London Gazette of Tuef-
and none of the Creditors of the above-named
• A. B. have ſhewn any Cauſe to the contrary, I do allow and confirm this
Certificate.
Thurlow, c.
day the
Ex Parte
Goodwin.
Trin. :715
257
12 Geo. III.
C. 47•
Ditto, S. 13.
When ſuch Certificate is allowed, the Bankrupt is diſcharged of his Debts, and
is not liable to be ſued or arreſted for any one entered into before his Failure,
although he ſhould be taken in Execution or detained in Priſon by Reaſon that a
Judgement was obtained before his Certificate was allowed and confirmed ; and it
ſhall be lawful for any one or more of the Judges of the Court wherein Judge-
ment has ſo been obtained, on the Bankrupt's producing his Certificate allowed
and confirmed, to order any Sheriff, Bailiff, or Officer, Gaoler or Keeper of
any Priſon, who hath or ſhall have ſuch Bankrupt in his Cuſtody, by Virtue of
any
ſuch Executions, to diſcharge him without Payment of any Fee or Reward.
A Bankrupt having his Certificate allowed, and having Nipt his Time of Plead-
2 Vern. 696. ing at Law to a Debt precedent to the Bankruptcy, is not to be relieved in Equity.
A Bankrupt, after his Certificate was allowed, was ſued for a Debt due before
Blackwall a his Bankruptcy; the Court on the Circumſtances of the Caſe did relieve, though
it will not relieve on a Matter purely of miſpleading.
Tr. Aik. Rep. A Certificate diſcharges not only the Perſon of the Bankrupt but alſo his
Pl. 138. Eſtate ſubſequently accrued.
The Preamble to this Act ſtates, That many Bankrupts are confined in Pri-
ſon, notwithſtanding they have delivered up their Effects. And, that Bankrupts,
for Fear of being arreſted and thrown under long Impriſonment, abfcond and
ſecrete themſelves from their Homes, or go Abroad into foreign Parts, to the
great Diſtreſs of their Families, and the Detriment of the Kingdom. For Re-
medy whereof it is enacted,
That, Bankrupt who was in Cuſtody on or before 25th March, 1772, for
any Debt due before Commiſſion iſſued, and who conforms to the Bankrupt
Laws, and never was committed for Contumacy, or Non-compliance with
theſe Laws; any Judge of the Court whence the Proceſs iſſued againſt the ſaid
Bankrupt, on his Petition may ſummons Plaintiff to appear to thew Cauſe,
why he ſhould not be diſcharged from his Impriſonment (Bankrupt firſt making
Oath that Debt did not accrue before iſſuing Commitlion) and Plaintiff not
appearing, or not proving that Bankrupt concealed any of his Effects, or did
not conform himſelf to the Laws againſt a Bankrupt; Judge ſhall by Warrant
or other Inſtrument, diſcharge him from Impriſonment for any Debt due be-
fore Commiſſion iſſued, and he ſhall not be liable to be arreſted for any Debt
due or contracted before ſuch Commiſfion iſſued. And, if arreſted, ſhall be
diſcharged in like Manner as aforeſaid from every ſuch Arreſt.
Bankrupts included in Stat. 12 Geo. III. c. 47. S. 3. having not as yet
63•
returned Home, or not being able to Act in their Occupations, from ſome
certain Circumſtances of their Cafe, ſuch Perſons, though they have not gained
a total Diſcharge from their Creditors, or their Debts under their Commiſ-
ſions, may apply by Petition or Motion to the Court of Chancery, ſetting forth
ſuch Grievance and Circumſtance they may lie under, relative to ſuch Commiſ-
Seft. 3:
14 Geo. III.
C. 77:
Sect.
fion,
OF BANKRUPTCY.
541
Novena
fion, which Petition, &c. the Court is to refer to a Maſter ; and, upon Report
or Hearing thereof, hall direct the Commiſſioners to certify the Proceedings
under the Commiflion, and Court ſhall make ſuch Order thereupon for the
Relief of luch Bankrupts, as ſhall ſeem proper.
Bankrupts on or before the 22d Jan. 1776, who have duly conformed, ſur- 16 Geo. III.
rendered, and ſubmitted, and who have not been guilty of Contumacy, nor
C. 38. S.69.
diſcharged under their Commiſſions, may petition or move the Court of Chan-
cery, upon this Grievance of the Caſe: Which Matter the Court may refer to
Maſter, and, upon Report, the Chancery may direct the Commiſſioners to
certify Proceedings, and order their Diſcharge or Relief.
Bankrupts who have not obtained their Certificates, and Diſcharge from their 18 Geo. III.
Debts under the Bankrupt Acts; or being impriſoned before 28 jan. 1778,
C. 52. S. 75.
and againſt whom Commiſſions have been awarded, who have duly conformed,
and not been committed by Commiſſioners for Contumacy, and are in Priſon
for Debt, or ſecrete themſelyes for Fear of their Creditors, and ſhall be ſued,
may apply to the Judge of the Court where Proceſs iſſued; to fummon Plain-
tiffs, to thew Cauſe why Bankrupts Thould not be diſcharged, on making Oath
that the Debt accrued previous to the Commiſſion, and on ſatisfying the Judge,
that they fully diſcloſed and delivered up their Eſtate and Effects; and upon
alſo making it appear to him, that they had duly conformed, and that the
Commiſlions were not fraudulently cobtained; hereupon, the Plaintiff's not
proving any Concealment, the Judge may diſcharge Bankrupts, on their en-
tering common Appearances ; and if they be afterwards arreſted, ſuch Judge
may order them, upon Summons, to be diſcharged, which Sheriffs and their
Officers are to do on Notice; but Bankrupts in all other Reſpects remain ſub-
ject to the Law: t tar
1941
Bankrupts before 28 Jan. 1778, who have conformed, and not been com- Sect. 76:
mitted for Contumacy, and yet not diſcharged, for Want of their Certificate,
may, within twelve calendar Months from the Date of the Commiſſion, peti:
tion or move the Court of Chancery, on the true Circumſtances of the Caſe;
which Court may order the Commiſſioners to certify Conformity, or Non-
conformity; whereupon Court of Chancery. is to direct an Advertiſement in
the Gazette for allowance of Certificate (though fame be not figned by four-
fifths in Number and Value of Creditors) and if no ſufficient Cauſe be thewn
within the Time limited by the Advertiſement, the ſame is to be allowed, and
the Bankrupt ordered Relief and Diſcharge *.
A Creditor petitions againſt the Allowance of a Bankrupt's Certificate, upon 2 Peer Will.
which the Bankrupt gives him a Bond for Paymeñt of his whole Debt, ein Confi- Zrin. Terini
deration of withdrawing his Petition, and in Conſequence of his fo doing the 1722.
Bankrupt obtains his Certificate; but refuſing afterwards to comply with his
Bond, the Creditor put it in Suit againſt the Bankrupt, who pleaded the Act 1 Peer Will.
of Parliament, and that the Bond was obtained in order to procure his Diſcharge; 181.
but he could not be relieved in Equity againſt the Bond.
Eaſter Term.
A joint Commiflion was taken out againſt the Defendant and Partners and their 1720.
Certificate was allowed; and the Defendant was now fued by the Plaintiff for
Debt due on his ſeparate Account, and arreſted; to which the Plaintiff pleaded, Mich. 8 Gen.
that the Cauſe of A&tion aroſe before that of Bankruptcy, and therefore moved that II
. in B. R.
he ſhould be diſcharged out of Cuſtody, upon filing common Bail, which was al-Hardwicke
.
lowed; it being held, that the Statute of the 5th of Geo. II. which ſays, that in Page, Probgn;
Cafe any ſuch Bankrupt fball afterwards be arreſted, proſecuted, or impleaded for any
Debt due before fuch Time as he became Bankrupt, ſuch Bankrupt ſhall be diſcharged
upon common Bail
, is in general Words, that the Bankrupt fall be diſcharged on
common Bail, from all Debts owing by him before the Bankruptcy, and makes
no Diſtinction between a joint and ſeparate Commiſſion.
Three Commiſſions of Bankrupt iſſued at the ſame Time, one againſt A. ſepa-
ſately, one againſt B. feparately, and a joint one againſt A. and B. as Partners in
Company; and the Certificates on the two ſeparate Commiſſions were confirmed



Lewis à
L.C. Parker,
Howard a
a
Poole.
and Lee.
* Theſe are the moſt recent Statutės made in Favour of Bankrupts.
6 Y
by
542
BANKRUPTCY.
OF
gned a Certificate for the bankrupt
Anſwer
of another
great Coun.
ſellor.
by the Lord Chancellor, and delivered to the Bankrupts, and four Fifths in Num-
ber and Value of the Company Creditors figned a Certificate for the Bankrupts
Diſcharge on the joint Commiflion:
But at the Time the joint Certificate was to have been confirmed, one of the
joint Creditors applied by Petition to the Lord Chancellor, ſuggeſting that A. had
loft more than five Pounds at Gaming in one Day, within the Year before the
Commiſſion iſſued, and therefore was not intitled to be diſcharged; and the
Lord Macclesfield not only refuſed to confirm the joint Certificate, but ordered
the former ſeparate Certificate of A. to be recalled and diſallowed, and allowed
the joint Certificate as to B. only.
And being a Matter of great Conſequence to Á. who as ſoon as his Certificate
was allowed, had engaged very conſiderably in Trade, he ordered his Cafe to be
ftated, and took the Opinion of the moſt eminent Council thereon; and the
Queſtions ariſing from this caſe, were, men
iſt. Whether it was in the Power of the Lord Chancellor, after a Certificate
was duly allowed and delivered to the Bankrupt, and enjoyed by him for feveral
Months, to recal the fame ex officio, and deprive the Party of the Benefit of
the Diſcharge.
Spencer Cow If the Bankrupt has loft five Pounds at one Tinie, and the Fact ſhall be proved
Peter Efq.'s before the Allowance of the Certificate, I think the Certificate ought not to be
allowed by the Commiſſioners of Bankruptcy, or by the Great Seal ; but if the
Bankrupt hath conformed in all Things, and his Certificate hath been allowed,
without any Objections made upon the Account of Gaming by the Creditors,
I conceive there is not a Power given to the Great Seal to recal the Certificate.
S. Cowper, 14 Yune, 1725.
2dly. Whether a ſeparate Certificate diſcharged the Partier from joint Debts';
and the Anſwer of a great and learned Perſon, was this,
The Anſwer I was clearly of Opinion at firſt, that the Bankrupt's feparate Certificate, ſo long
as it continued in Force, diſcharged the Bankrupt, not only from fuch Debts as
were owing from the Bankrupt on the ſeparate Account, but likewife ſuch as
were owing on the Partnerſhip Account; fo I continue in the fame Opinion. I
alſo concur in Opinion with Mr. Cowper, that the Lord Chancellor cannot
legally recal the Certificate after it is once confirmed, upon the Account of a
Fact which was never proved, or ever objected to, before the Allowance of the
Certificate.
The Opinion of another moſt eminent Perſon to theſe Queſtions, was as
follows: Canoner, more comment
ift. As to the Chancellor's Power of recalling the Certificate, he ſays thus
This is a Queſtion of conſiderable Difficulty; but I am rather of Opinion that ſuch
a Confirmation cannot be revoked, ſo as to prevent the Bankrupt's Diſcharge ;
becauſe (by the Statutes) conforming to the Aets, and a Certificate confirmed,
is made an actual Diſcharge of the Bankrupt's Debts due åt the Time of his
Bankruptcy; and a Revocation, after the Debts are once extinguiſhed, ſeems
to come too late.
oor
Weimo 1801
And as to the ſecond Queſtion, whether a ſeparate Commiffion diſcharged joint
Debts ? his Anſwer was this : Ben bus
As the Statute extends expreſsly to all Debts, I am of Opinion that Partnerſhip
Debts, being Debts of A. the Certificate is equally a Diſcharge to thoſe Debts as
well as others.
There was another Queſtion which aroſe on this, and being equally intereſting
with the preceding ones, I have choſe to give the whole at large, for the Sa-
tisfaction and Information of my Readers, and it was this, viz.
The ſaid Ă. before his Bankruptcy being a Merchant in London, and in the
Way of his Trade, at the Time he became a Bankrupt, was indebted to ſeveral
Perſons in Virginia, and other Plantations. And the Queſtion was, whether
his Certificate, when confirmed here, would diſcharge him againſt ſuch Debts,
in Caſe he went into thoſe Parts ?
Visos id 253 ST:
And the Opinion of the late Lord Talbot, when he was a Counſel, was as
follows:



The Anſwer
of another
moft eminent
Perſon.

7
1
The
OF BANKRUPTCY.
543
Plantation
Debts.
Hardwicke,
The Effects of A in the Plantations are liable to the Commiſſion here, and the Lord Talbor's
Right to them is veſted in the Aſſignees; and it ſeems reaſonable that this Certifi- Opinion,
cate ſhould be equally extenſive as to his Diſcharge: However as the Laws of fel, as to
England, made ſince Virginia and the other Plantations were ſettled, do not
extend to them unleſs they are expreſsly named, and as the Laws relating to
Certificates do not expreſsly extend to the Plantations, I am of Opinion, that a
Certificate confirmed here will be no Diſcharge to A. if a Suit is commenced
againſt him in Virginia, or the other Plantations.
C. Talbot, Dec. 24, 1723.
And there was alſo the Opinion of another great Man to this purpoſe:
I am of Opinion, that the Act of Parliament will not extend to any of the Another
Plantations, unleſs they had been particularly mentioned, they being governed
Opinion.
by particular Laws and Conſtitutions of their own making.
In the Year 1732, a Commiſſion of Bankruptcy iſſued againſt Richard Jackſon,
Tea Merchant, and an Aſſignment was made of his Eſtate to Thomas Wright and
James Huey, in Truſt for his Creditors.
Upon his Examination he made a Diſcovery of his Eſtate and Effects, and four Ex Parte
Parts in five of his Creditors ſigned his Certificate; but the Commiſſioners did Jackſon, be-
not think proper to ſign it.
Afterwards he ſet up the Trade of a Diſtiller, and in Conſequence of ſuch in 1744.
Trading, he became indebted to ſeveral Perſons, and particularly to one Thomas
Sorrel in iool. and upwards.
On the 31ſt of June 1739, Sorrel ſued out another Commiſſion of Bankruptcy
againſt him, and he ſubmitted to ſuch ſecond Commiſſion, and obtained his Cer-
tificate, which was allowed by the Lord Chancellor on the 5th of June, 1740.
He then returned to his firſt Trade, of a Tea Merchant, and contracted Debts
to the Amount of ſeveral hundred Pounds.
In May 1740, Wright and Huey, the Affignees in the firſt Commiffion, preferred
a Petition, in the Names of themſelves and all the reſt of the Creditors under the
ſaid firſt Commiſſion, in order to ſet aſide the ſecond Commiſſion and his Certi-
ficate, which was advertiſed in the Gazette to be allowed, unleſs Cauſe was
ſhewn to the contrary.
And pending this Petition, viz 24 May 1740, a Notice was publiſhed in the
London Gazette, for a Meeting of the Creditors under the firſt Commiffion, who
afterwards met thoſe under the ſecond Commiſſion; and theſe latter agreed to give
the former a Sum of Money to withdraw their Petition, which they accepted,
and withdrew their Petition accordingly; and the Bankrupt having had his
Certificate confirmed, continued his Buſineſs as before.
But two of his Creditors under the firſt Commiſſion, on the 17th of December
1743, preferred a Petition to the Lord Chancellor, ſetting forth the Matters
before mentioned, and that Jackfon had not made a fair Diſcovery of his Éſtate,
and had prevailed on the Aſſignees under the firſt Commiſſion not to attend
their Petition, by Means whereof the ſaid Bankrupt, to their great Surprize,
had obtained his Certificate.
That they were adviſed, that the ſecond Commiſſion was obtained fraudulently,
and that the iſſuing of the fame under thoſe Circumſtances was irregular, and that
the ſaid Certificate was obtained in order to prevent the Creditors under the firſt
Commiffion from recovering their Debts, though they were aſſured the Bankrupt
was then able to pay them.
They therefore prayed that the Commiſſion might be ſuperſeded, and that
all Proceedings under the fame, with the Bankrupt’s Certificate, might be ſet
aſide.
But his Lordſhip ordering the Parties to attend, and that the Proceedings under
both Commiſſions should be produced ; and the Petition coming on before his
Lordſhip, after being learnedly argued by the Gentlemen at the Bar on both
Sides, his Lordſhip was pleaſed for the following Reaſons (among others) to
diſmiſs the Petition :
uit. Becauſe the Parties had acquieſced in the Allowance of the Certificate under
the fecond Commiffion, from the 5th of June 1740, being the Time of Jackſon's
obtaining


544
ÖF B A N K R U PTCY.
Jackson Thould have
obtaining ſuch Certificate, to the 17th of December 1743, and had never made
any Complaint of the fame.
2dly. There had been a Meeting between the Aflignees and ſeveral of the Cre-
ditors, under the firſt and ſecond Commiffion; and that the Petition, which
was intended to be preſented to the Court for ſtaying the Bankrupt’s Certifi-
cate under the ſecond Commiſſion, was by the Conſent of the Aſſignees and
Creditors under the firſt Commiſſion, who were preſent and had publick Notice
in the Gazette to meet the Aſſignees and Creditors under the ſecond, and cir-
cular Letters ſent them for that Purpoſe; and that they had agreed, that ſuch
Petition ſhould be withdrawn, in Conſideration of a Sum of Money paid by
the Creditors under the ſecond Commiſſion, to the Creditors under the firſt
Commiſſion; and that this was in the Nature of an Acquieſcence and Conſent
from the Creditors of the firſt Commiſſion, that Jackſon ſhould have his Cer-
tificate under the ſecond Commiſſion.
3dly. That it did not appear to him, but that the Petitioners were well ac-
quainted with the Steps that were taken by the Aſſignees and Creditors in the
firſt Commiſſion, in Regard that they had not denied the ſame by their Affidavit,
but had only ſwore that they did not know, remember, or believe, that they
ever conſented to the Withdrawing of the Petition, preferred by the Aflignees
as aforeſaid, to ſet aſide the Certificate under the ſecond Commiſſion; and that
if the Affignees had done amiſs, the Creditors had a Remedy againſt them.
4thly. That Jackſon had, under the Sanction of the Court, carried on a confi-
derable Trade, and that it would be contrary to the Juſtice of a Court of Equity,
to prejudice innocent Perſons, who might have been induced to give future Credit,
believing him to be a free Perſon, on having ſuch Certificate; and the Conſequence
would be, that all his Dealings from that Time muſt be opened and unravelled.
s Geo. II. C. When a Bankrupt has in all
Things conformed himſelf to the Acts made con-
30. S. 7. cerning Bankruptcy, he fhall be allowed by the Alignees 51. per Cent. out of the
nett Produce of all the Eſtate that ſhall be recovered in and received, provided the
faid nett Produce, after ſuch Allowance, fhall be ſufficient to pay the Creditors
ten Shillings in the Pound, and ſo as the ſaid 5l. per Cent. ſhall not amount in
the whole to above 200l. and in Caſe the nett Produce, after deducting the fol-
lowing Allowance, ſhall be ſufficient to pay the Creditors twelve Shillings and
Sixpence in the Pound, the Bankrupt in this Caſe ſhall be allowed 71. Ios. per
Cent. ſo as that ſuch Allowance ſhall not amount in the whole to above 250l.
And in Caſe the nett Produce, after the following Allowance is deducted, ſhall
be enough to pay the Creditors fifteen Shillings in the Pound, the Bankrupt
ſhall be allowed iol. per Cent. provided it does not amount in the whole to above
300l. But if the ſaid Bankrupt’s Eſtate is not ſufficient to pay the Creditors
ten Shillings in the Pound nett, as aforementioned, then, and in ſuch Caſe,
the Bankrupt ſhall only be allowed ſo much as the Aſſignees and Commiſſioners
ſhall think fit, not exceeding 3l. per Cent.
Jac. C. 15. The Coinmiſſioners ſhall, upon lawful Requeſt made to them by the Bank-
rupt, not only make a true Declaration to him of the employing and beſtowing
all his Lands, Tenements, Hereditaments, Offices, Fees, Goods, Wares,
Money, Chattels, and Debts paid and ſatisfied to his Creditors; but alſo make
Payment of the Overplus of the ſame, if any ſuch ſhall be, to the ſaid Bank-
rupt, his Executors, Adminiſtrators, or Aſſigns; and the Bankrupt, after full
Satisfaction of his Creditors, ſhall have full Power and Authority to recover and
receive the Reſidue and Remainder of the Debts to him owing.
Lord Hardwicke directed, that a Bankrupt who had paid 145. 6d. in the
Pound, who had his Certificate, and a Releaſe from his Creditors of all further
Demands, ſhall ſtand in the Place of the Affignees to get in the Remainder of
the Debts, on giving a proper Indemnity to the Aflignees, that they might not be
called to an Account for ſuch Money ſo received. Tr. Atk. Rep. 145. Pl. 84.
And though the Bankrupt ſhall have obtained his Certificate, and the ſame has
been duly confirmed, it does not put an End to his Duty of Attendance, as he is
obliged to give it upon every reaſonable Notice in Writing delivered to him, or left
at his uſual Place of Abode, by the Aſſignees, thereby requiring him to attend
them,

Sect. 15.

OF BANKRUPTCY.
545

the Walls
them, in order to make up, adjuſt, or ſettle any Account or Accounts between ſuch
Bankrupt, and any Debtor to, or Creditor of him, or to attend any Court or
Courts of Record, in order to be examined touching the ſame, or for ſuch other
Buſineſs as the Aſſignees Thall judge neceſſary, for getting the Bankrupt's Eſtate
and Effects; and for which Attendance the Bankrupt ſhalĩ be allowed the Sum of
two Shillings and Sixpence per Diem by the Aſignees, to be paid out of the
Eſtate ; and in Caſe ſuch Bankrupt ſhall neglect or refuſe to attend, or on ſuch
Attendance ſhall refuſe to aſſiſt in ſuch Diſcovery (without good Cauſe to be
ſhewn to the Commiſſioners for ſuch his Neglect or Refuſal, to be by them
allowed as ſufficient) ſuch Aflignees making due Proof thereof upon Oath, be-
fore the ſaid Commiſſioners, they the ſaid Commiſſioners are hereby impowered
and required, to iſſue a Warrant directed to ſuch Perſon or Perſons as they ſhall
think proper, for apprehending ſuch Bankrupt and him committing to the
County Jail, there to remain in cloſe Cuſtody without Bail or Mainprize, un-
til he ſhall duly conform to the Satisfaction of the ſaid Commiſſioners, and be
by them, or the ſpecial Order of the Lord Chancellor, or otherwiſe by due
Courſe of Law diſcharged ; and the Jailor is thereby required to keep ſuch
Perſon in cloſe Cuſtody within the Walls of the Priſon, until he be duly diſ-
charged as aforeſaid.
In Caſe any Commiſſion of Bankruptcy ſhall iſſue againſt any Perſon, who after Ditto, 8. 9.
the 24th of June, 1732, ſhall have been diſcharged by Virtue of this Act, or ſhall
have compounded with his Creditors, or delivered to them his Effects, and been
releaſed by them, or being diſcharged by any AA for Relief of Inſolvent Debtors,
then the Body only of ſuch Perſon conforming, ſhall be free from Arreſt and
Impriſonment; but the future Eſtate of ſuch Perſon ſhall remain liable to his
Creditors (the Tools of Trade, neceſſary Houſehold Goods, and neceſſary Wearing
Apparel of ſuch Bankrupt, and his wife, and Children excepted) unleſs the
Eſtate of ſuch Perſon ſhall produce clear fifteen Shillings in the Pound.
Nothing in this Act ſhall give any Advantage to any Bankrupt, who ſhall upon Ditzo, S. 1ż.
Marriage of any of his Children have given above the value of 100l. (unleſs he
ſhall prove by his Books, or otherwiſe, upon his Oath or Affirmation before the
Commiſſioners, that he had remaining other Eſtates ſufficient to pay every Per-
ſon to whom he was indebted their full Debts) or who ſhall have loſt in one Day
the Value of 5l. or in the whole the Value of rool, within twelve Months next
preceding his becoming Bankrupt, at Cards, Dice, Tables, Tennis, Bowls, Bil-
liards, Shovel-board, or Cockfighting, Horſe-races, Dog-matches, or Foot-
races, or other Game, or by bearing a Share in the Stakes, or betting; or that
within one Year before he became Bankrupt, ſhall have loſt 100l. by Contracts
for Stocks, or Shares of any publick Funds, where ſuch Contract was not to be
performed within one Week from the Making, or where the Stock was not
actually transferred.
Upon Certificate under the Hands and Seals of the Commiſſioners, that ſuch
Commiſſion is iſſued, and ſuch Perſon proved before them to become Bankrupt,
it ſhall be lawful for any of the Juſtices of any of his Majeſty's Courts of King's
Bench, or Common Pleas, or Barons of the Exchequer, &c. and they are re-
quired, upon Application made, to grant their Warrants for apprehending ſuch
Perſon, and him to commit to the common Jail of the County, where he ſhall
be apprehended, there to remain until he be removed by Order of the Commiſ-
ſioners; and the Jailor to whoſe Cuſtody ſuch Perſon ſhall be committed, is
required to give Notice to one of the Commiſſioners, of ſuch Perſon being in
his Cuſtody, and the Commiſſioners are impowered to ſeize the Effects of ſuch
Bankrupt (the neceſſary Wearing-Apparel of ſuch Bankrupt, or of his Wife or
Children, excepted) and his Books of Writings, which ſhall be then in the
Cuſtody of ſuch Bankrupt, or of any other Perſon in Priſon.
If any Perſon ſo apprehended ſhall, within the Time allowed, ſubmit to be Ditto, S. 15.
examined, and conform as if he had ſurrendered, ſuch Perſon ſhall have the
Benefit of this Act, as if he had voluntarily come in.
Upon Petition of any Perſon, the Lord Chancellor may order ſuch Commif- Ditto, S. 41.
fions, Depoſitions, Proceedings, and Certificates to be entered of Record; and in
6 Z
Caſe



5
Geo. II.
C.
30. S. 14.
546
O F B A N K RUPTCY.
Caſe of the Death of the Witneſſes, proving ſuch Bankruptcy, or in Cafe the faid
Commiſſions or other Things ſhall be loſt, a Copy of the Record of ſuch Commiſ-
fions or Things ſigned and atteſted as herein is mentioned, may be given in Evi-
dence to prove ſuch Commiſſions, and Bankruptcy, or other Things ; and all
Certificates, which have been allowed, or to be allowed, and entered of Record,
or a true Copy of every Certificate ſigned and atteſted, as herein is mentioned,
ſhall and may be given in Evidence in any Courts of Record, and without further
Proof taken to be a Bar and Diſcharge againſt any Action for any Debt contracted
before the iſſuing of ſuch Commiſſion, unleſs any Creditor of the Perfon that
hath ſuch Certificate ſhall prove ſuch Certificate was fraudulently obtained; and
the Lord Chancellor ſhall appoint a Place near the Inns of Court, where the Mat-
ters aforeſaid thall be entered of Record, where all Perſons ſhall be at Liberty
to ſearch ; and the Lord Chancellor ſhall by Writing appoint a proper Perſon,
who ſhall (by himſelf, or Deputy to be approved by the Lord Chancellor by
Writing) enter of Record ſuch Commiſſions, and other Things, and have the
Cuſtody of the Entries thereof; and alſo appoint ſuch Fee for his Labour there-
in, as the Lord Chancellor ſhall think reaſonable, not exceeding what is uſually
paid in like Caſes; and the Perſon ſo to be appointed, and his Deputy, ſhall
continue to enter of Record all the Matters aforeſaid, and to have the Cuſtody
of the fame, ſo long as they ſhall behave themſelves well; and ſhall not be
removed but by Order in Writing, under the Hand of the Lord Chancellor,
on good Cauſes therein ſpecified.
Contingent Debts not proveable under the Commiſſion are not diſcharged by
2446.
the Certificate.
It does not diſcharge Bankrupt from Bond of Indemnity, where the Breach
was after the Bankruptcy.
Bankrupt’s Certificate will not diſcharge him from a Debt which he owes
Rep. 101.
as Executor.
Buri Rep.
Nor, according to Lord Mansfield, from a Judgment de bonis teftaris fi, &c.
1368.
and de bonis propriis for the Coſts, obtained between the Commiſſion and Cer-
tificate, on a falſe Plea of no Affets, in an Action on Teſtator's Bond.
Bankrupts not obtaining their Certificates, are excepted from the Act for the
Benefit of Inſolvent Debtors, unleſs they are relieved by Conformity, &c. ac-
C. 17. S. 80. cording to 12 and 14 Geo. III.

Bur. Rep.
Tr. Atk.
Pl. 50, 51.

28 Geo. II. C.
13. S. 22.
1 Geo. JII.

S. 2.
Sale of a
of the Aſignment, and Bargain, and Sale of the Bankrupt's Eſtate. Of the In-
rolment, and what Mall paſs thereby, or be ſuch an Intereſt as the Commiſſioners
may affign.
13 Eliz. C.7.
TH
HE Commiſſioners may fell by Bargain and Sale, all the Lands, Tenements,
Hereditaments, as well Copy as Freehold, which the Bankrupt had in his
Bargain and
own Right, before he became Bankrupt; and alſo all ſuch Lands, Tenements,
Copyhold by and Hereditaments, as he ſhall have purchaſed or obtained by Money, or other
ers paſles the Recompence, jointly with his Wife or Children, to the only Uſe of ſuch Offen-
Etate, and der, and all ſuch Uſe, Intereſt, Right, or Title as he ſhall have in the fame,
wefis it in the which he may part withall. This muſt be by Deed indented and inrolled ;
without Ad- and the Bargainee may not enter till compoſt with the Lord, and Admittance.
Cro.Car. 569.
The Commiſſioners may likewiſe aflign all the Bankrupt's Fees, Annuities,
Offices, Goods, Chattels, Wares, Merchandizes, and Debts.
C. 7. S. 3. If a Bankrupt after his Bankruptcy purchaſe any Lands, Tenements, or Here-
Wiliam Jones.
ditaments, Free or Copy; Offices, Fees, Goods, or Chattels; or in Caſe any of
them thall deſcend, revert, or by any Means come to any Bankrupt before his
Debts are paid, ſuch future Acquiſitions are made ſubject to the Commiſſion, and
may be afligned.
The Father, on the Marriage of his Son, covenants, during his own Life, to
pay him fifteen Pounds per Ann. the Son becomes a Bankrupt; and the Aſiignee
files a Bill againſt the Father, to have the Benefit of the Agreement, and to com-
pel Payment of the fifteen Pounds per Ann. It was held that the
Aſignee is not
entitled to have a Performance of an Agreement made with the Bankrupe.
A Le-

mittance.
13 Eliz.
451. Sc.
13 Eliz C
7
S. II.
Moyjes a Lita
ole.
2 Vern, 194
Ô F B A N K R U P T C Y.
547
Grout.
obtained a
Decree for
ſuch Legacy
5.
Caſes, 54.
A Legacy given to a Bankrupt before his Bankruptcy was aſſigned.
Toulſon a
If a Bankrupt convey to his Children, or other Perſons, any of his real or per- 2 Vern. 432.
fonal Eſtate, except the ſame ſhall be purchaſed, or conveyed, or transferred to But he had
his Children in Conſequence of Marriage, or ſome valuable Conſideration, the
Commiſſion ſhall overrule.
Commiſſioners may afſign all Debts, due, or to be due to the Bankrupt, before his
which ſhall fully veſt the Property in the Aſſignee, and he may ſue in his own and was re-
Name.
ported due
The Commiſſioners by Bargain and Sale, indented and inrolled in one of the C637;
Courts of Record at Weſtminſter, may grant any Lands or Hereditaments, of c. 15. S.
which the Bankrupt hath an Ěftate in Tail, in Poſſeſſion, Reverſion, or Remain- Ditto, s, iz.
der, except whereof the Gift of the Crown, the Reverſion or Remainder ſhall
21 Jac. I. Č.
19. S. 12, 13
be in the King, and the Commiſſioners may redeem Mortgages upon Lands or
Goods.
A Man deviſed his Lands in Mortgage to be fold, and the Surplus to be paid his Abr. Equity
Daughter, who married a Man who ſoon after became Bankrupt and died; upon
a Bill brought by the Aſſignee againſt the Wife, to have the Land fold and the
Surplus paid to them the Court diſmiſſed the Bill.
As to the Sale of Lands in a Bankrupt's own Poſſeſſion at the Time of his Fail - Allen's Caſe:
ing, the Caſe of Allen, in the Chancery, 1 Jac. I. is a very remarkable one; and
was as follows: Edwards, a Citizen of York, who had ſerved the Office of Sheriff
there, being indebted to Allen, Haberſley, and others of London, for Wares ſold,
became a Bankrupt; upon which Allen and Haberſey, and ſome other Creditors
of London, by a Petition to the Lord Chancellor, procured a Commiſſion of
Bankruptcy againſt the ſaid Edwards, to certain Commiſſioners therein named ;
who, by Deed of Bargain and Sale inrolled, fold all the Bankrupt's Lands to
Allen and Haberjey for 400l. the Land being then worth 24001. but was ſold ſo
cheap by Reaſon of many Incumbrances on it, made long before Edwards was
a Bankrupt, or became indebted to Allen, or any of the Londoners who ſued
out the Commiflion.
After this Sale, the Commiſſioners, Allen, and the other petitioning Creditors,
upon full Conſideration had of the Bankrupt’s Eſtate, which ſtood encumbered
with a Mortgage, Statute, and Leaſes, made an Agreement with the Bankrupt
and his Friends to this Effect; viz. That the Creditors would take ten Shillings
in the Pound for their due Debts, and Smith and Wood were the Bankrupt’s Secu-
rities for Payment of the fame; and it was agreed, that Allen and Haberſley ſhould
convey the Bankrupt's Land to them for their Security, which Agreement was
certified by the Commiſsioners; and they did alſo certify, that Allen, after this
Agreement refuſed to comply therewith, and fought the Advantage of Law, to
the great Loſs and Hindrance of the reſt of the Creditors, and to the Undoing of
Edwards, his Wife, and Children.
In Execution of this Agreement, twelve Pounds ten Shillings was paid to one
of the Creditors, and Books were drawn and ingroſſed by one of the Commiſ-
fioners ready for perfecting the Aſſurance; notwithſtanding all which, Allen re-
fuſing the Agreement with Haberſley, preferred a Bill againit Edwards and others,
complaining, that the Mortgage, Statute, and Leaſes were all fraudulent, and
the Money being paid was kept on Foot by Practice, to prejudice the Creditors,
and the Sale made by the Commiſſioners: Whereupon Edwards, Smith, and
Wood, preferred a croſs Bill againſt Allen and Haberſley, for the Performance of
the Agreement of ten Shillings in the Pound, and to convey the Land to Smith
and Wood according to the Agreement.
At the Hearing of the Caufe upon Allen's Bill, the Lord Chancellor, finding it
confeſſed, that of the Mortgage Money there was but thirty Pounds unpaid, or-
dered that Allen, paying the thirty Pounds, ſhould have the ſame conveyed to
him and Haberſley & al. and the Statute to be diſcharged, which was done ac-
cordingly and a Decree made, that Allen and Haberſley, and their Heirs, Thould
enjoy the Lands according to the Sale of the Commiſſioners, free from the In-
cumbrances and Charges of the Statute, and the Perſon who had it was left to
the




сој
2
648
OF BANKRUPTCY.
the Law; but upon another Motion, his Lordſhip had ſtayed the Liberate, after
Extent upon that Statute, and ſo it reſted.
Allen having gotten the Incumbrances thus cleared by the Court of Chancery,
fought to hold the Lands for the 400l. only, which were worth 24.00l. although
he had covenanted with the Commiſſioners in the Bargain and Sale, that if the
Lạnds were ſold for more than 4001. within three Years, they would pay the
Overplus towards the Satisfaction of the Creditors; and all Incumbrances
being diſcharged within the three Years, as aforeſaid, yet he would hold the
Land for 400l, and pay no more for it.
In another Term, Allen gets a Commiſſion out of Chancery, to the Sheriffs
of York there, to put him in Poſſeſſion of the Land, upon the firit Decree in
Chancery made for him; and Allen, with the Under-Sheriff, caſt Edwards's Chil-
dren all out of Doors in Froſt and Snow, that they were inforced to ſuccour
themſelves in a Maſh Fat, and when ſome of the Tenants of the Land would
have taken them in, and relieved them, Allen threatened to turn them out of their
Tenements if they did ſo; and did turn one of the Tenants out of his Houſe,
who entertained them but one Night. Alſo Allen took diverſe Cattle and Goods
that were Edwards's Father's, and not the Bankrupt’s ; and the old Man ſueing
for them in the King's-Bench Court, Allen procured an Injunction out of Chancery,
and ſtaid all the Suits as long as the old Man lived, who ſhortly died; and Ed-
wards and his Wife at London, following the Suit to be relieved againſt Allen,
died both together of the Plague, leaving ſeven poor Children behind them.
The Lord Chancellor, being informed of this Extremity by Petition and
Affidavit, gave Direction that the Bill which Edwards, Smith, and Wood pre-
ferred upon the Agreement of ten Shillings in the Pound, ſhould be revived in
Behalf of the poor Children; and his Lordſhip aſſigned Wood their Guardian
to proſecute, and Francis Moore he afligned to be of their Counſel in Forma
Pauperis.
This Cauſe coming to Hearing, and the Agreement appearing confeffed by
Allen's Anſwer, and proved by the Certificate of the Commiſſioners, and diverſe
Witneſſes; the covetous and unconſcionable Dealing of Allen likewiſe appearing
plainly, by the Covenant which they took of Allen, the Lord Chancellor decreed
Allen ſhould pay the Overplus of the Value of the Lands above 400l. if they
ſhould be ſold for more; and the uncharitable and unchriſtian Uſage of Allen
towards the poor Children of Edwards, being all Infants not able to help them-
ſelves, conſidered, did decree, that Allen and the reſt ſhould be ſatisfied with ten
Shillings in the Pound for their Debts, according to the Agreement certified by
the Commiſſioners; but no Abatement to be made of the 400l. paid for the Land,
nor of the 30l. paid for the Mortgage; and withal, that Allen ſhould have rea-
ſonable Allowance for Coſts of Suit; and for this purpoſe his Lordſhip made a
Reference to Sir John Tindal, a Maſter in Chancery, to caſt up the Eſtate of the
Bankrupt and the Debts, and to certify what Overplus he found for the Relief
of the poor Children.
Sir John Tindal often heard the Cauſe, and the Allegations of Allen and his
Counſel, and in the End made a Certificate of the Eſtate real and perſonal of the
Bankrupt, and of the Debts, and made all Allowances as by the Order was di-
rected, and gave to Allen for Coſts of Suit two hundred Marks, and to Haberſey a
hundred Marks, and ſeventy Pounds to all the Creditors that fued out the Com-
miffion; and for the Reſidue, did propoſe it as his Opinion, that Allen ſhould
keep the Land, and pay the Overplus of the Value thereof above the 4ool. or
part with the Land to Smith & al. who would pay Allen and the other Creditors
according to the Report, and yield the Overplus to the Children, amounting to
6ool, or thereabouts.
On reading the Maſter's Report, the Lord Chancellor gave Time to Allen to
make his Election, whether he would keep the Land and pay the Money, or
part with the Land and receive the Money?' And as Allen made no Election, but
the Advantage, to have the Land for 400l. (worth 24001.) and
would render nothing to the creditors, nor to the poor Children:




4
The
OF BANKRUPTCY:
549
The Lord Chancellor did now decree, that Allen ſhould receive the Money
mentioned in the Report, which was much more than in Equity was any Ways
due unto him, and convey the Lands according to the Report; and for not per-
forming this Decree, Allen was committed to Priſon. This Caufe began the 1 fac.
and ended 11 Jac. I.
It is laid down as a Rule, that where the owner of Lands, &c. by his own Act W. Jones,
may not controul a Gift or a Charge; there, if he becomes a Bankrupt, the Gift lev.2.3.
or Charge may not be defeated : ſo that if a Man bargain and ſell Lands, and be- Audley and
fore Inrolment becomes a Bankrupt; and after the Deed is inrolled; in that Caſe, Halſey.
the Land may not be fold by the Commiſſioners of Bankrupts, but the Bargainee
fhall hold the Land diſcharged from the Commiſſioners. And where a Perſon
gives Lands, upon a precedent Condition, to be performed by the Donee, and
after he is a Bankrupt, after which the Condition is performed, this defeats the
Power of Commiſſion.
Although the Commiſſioners in the aforementioned Caſe cannot fell the Land,
where the Party before Inrolment becomes a Bankrupt, according to the Rule laid
down by Jones, yet it is ſaid, if he makes a Feoffment of Lands, and a Letter of
Attorney to give Livery, and then becomes Bankrupt before the Seiſin is delivered,
theſe Lands may be ſold by the Commiſſioners. The Reaſon of the Difference
is, in the firſt Caſe the Bargainee is in by the Bargain and Sale, by Relation from
the Execution thereof, and not by the Inrolment; and the Bankrupt could not
by his own Act defeat this; but no Eſtate in the other Cafe paſſeth at all till the
Livery be executed; and then in this laſt Cafe, his Letter of Attorney is revo-
cable, and his becoming a Bankrupt before the Eſtate is executed, is quaſi a Coun-
termand or Revocation in Law.
In Ejectment, upon a ſpecial Verdiet, the Queſtion was, whether the Vendee
or Bargainee of the Commiſſioners upon the Statute of Bankrupts, of Lands by
Deed indented, may by his Leſſee maintain an Ejectment before the Inrolment of
the Deed, although it be inrolled after the Action brought? Here it was ſaid by
the Court, that there is a great Difference between this caſe and the Caſe of a
Bargain and Sale by the Statute 27 Hen. VIII. Cap. 10. of Uſes; for the Eſtate
there pafleth by the Contract, and the Uſe is executed by the Statute : Then
comes the Statute of Inrolments, Cap. 16. of the ſame Year, which enacts, That
no Eſtate ſhall paſs without Inrolment of the Deed indented, and that within fix
Months, the Words of the Act being, unleſs it be by deed indented and inrolled,
and therefore the Contract is with the Party that had the Eſtate, and the Deed
is appointed to be inrolled within a certain Time,
But here the Commiſſioners have not any Eſtate, only a Power which ought to Perry a Bowes.
be executed by the Means preſcribed by the Statute, with the Circumſtances Jones 196,
thereby directed ; that is, not only by the Deed indented, but inrolled alſo : And
if they do not purſue the Act according to their Power, there is no Execution or
Effect to paſs the Eſtate; and it would be very dangerous to make any other Con-
ſtruction, as no Time is limited by the ſaid Act for the Inrolment; for if it were
inrolled any Time after ſeven, or twenty Years, or a longer Time, it ſhall relate
as well to the making of the Deed, as any lhorter Time; and Judgement was
given for the Defendant.
The Caſe being argued by Saunders, as reported in Ventris, he pleaded, that in i Vent. 361.
the Caſe of Inrolment of a Bargain and Sale, the Deed itſelf paffeth the Uſe, and
the Statute of Inrolment obſtructs the Operation of it till Inrolment; but when
that is done, it paſſeth by the Deed: That here needs no Relation to avoid the
Miſchief of mean Aſſignments from the Bankrupt, becauſe he is reſtrained from
the Time of his firſt Act of Bankruptcy; and on the other Side, the Miſchiefs
would be very great, if there ſhould be a Relation from the Inrolment, in Re-
gard the Statute limits no Time for the doing of it, ſo that it may be inrolled
many Years after ; and if this ſhould relate to puniſh meſne Treſpaſſes the Incon-
venience would be great, for ſuch Treſpaſſes are, until the Inrolment, expoſed
to the. Actions of the Bankrupt.
That generally in Caſes of common Law, there is no Relation, as in the Caſe
of Feoffment and Livery, but ſtronger in Caſe of a Grant of a Reverſion, where
7 A
the




197
cedas any booted in patria
550
OF BANKRUPTCY.
Skin. 30.
the Attornment is but the Affent of the Tenant; yet it ſhall not relate to the Giant:
It would be hard if Relation ſhould be admitted to make a Man liable to Trer-
paſs; and it has been much doubted, whether a Bargainee before an actual Entry
can maintain Action of Treſpaſs.
Per Curiam, where Executors fell by Authority given by Will, the Vendee is
in the Per from the Diviſor, but here in the Poft, and by the Statute; and it muſt
be very inconvenient to admit of Relation, becauſe no Time is fixed for the
Inrolment.
The Judges in this Caſe afterwards gave their Opinions, that Sale by Commif-
ſioners of Bankrupts, if of Lands, ought to be by Deed inrolled, and is void if
otherwiſe; and that this depends upon the different Penning of the Statute from
that of Inrolment; they likewiſe held, that here ſhall be no Relation.
A Sale of intailed Lands by the Commiſſioners ſhall be good againſt the Bank-
rupt and his Iſſue, and bar Perſons in Remainder or Reverſion, as much as if him-
ſelf had ſuffered a common Recovery. A Caſe has been put on this Clauſe of the
Statute 21 Jac. I. If Lands are ſettled on A. and B. his Wife, before Marriage,
for their Lives; and after their Deceaſes, to the Uſe of the firſt Son of their Bodies
lawfully begotten, and to the Heirs Male of ſuch firft Son; and for Want of ſuch
Iſſue, to the Uſe of the ſecond Son, &c. in Tail Male, and ſo to the tenth Son.
A. becomes a Bankrupt before he hath a Son; whether the Commiſſioners nay
ſell theſe Lands, and make a good Eſtate to the Purchaſer? It is held they may;
for though A. is here not Tenant in Tail, but a bare Tenant for Life, the Words
in the Statute being, that the Bargain and Sale ſhall be good againſt all and every
other Perſon or Perſons whatſoever, whom the Bankrupt might cut off and debar by
common Recovery, or otherwiſe from any Remainder, Reverſion, Rent, Profit
, I itie, or
Poſſibility : It ſeems this Bargain and Sale ſhall be good; for t. the Father, be-
fore Iſſue, by his bare Feoffment, might deſtroy the contingent Eſtate; as it is in
Archer's Caſe, i Rep. 67. But was the Settlement made ſo, as to ſupport the
contingent Remainder (as is uſually done) ſo that the Father could by no Meens
debar it by any Act he could do, then it would make a greater Queſtion; and yet
if the Commiſſioners could not ſell in ſuch Caſe, as Settlements are generally made
now, the Act in this point might be eaſily eluded: However, this is to be under-
ſtood in voluntary Settlements.
In Conſideration of Marriage, a Man makes a Conveyance to the Uſe of him-
ſelf and his Wife; afterwards he becomes a Bankrupt, on which a Commiſ-
fion is taken out, and the Lands are ſold by the Commiſſioners; the Sale has
been adjudged good. It is obſerved in this Cafe, that within half a Year after
the Settlement, the Party became Bankrupt; ſo as there ſeems to be a Fraud in
the Conveyance; but it is not expreſſed in the Pleading, as it might have been ;
and this is not in Diſpute upon a ſpecial Verdict, but comes in Queſtion on a
Point of Pleading, which is to be ſtrongly taken againſt him that pleads it; and
he does not expreſs any valuable Conſideration, as he might have done; as Con-
ſideration of a Portion, or Performance of Articles made on Marriage, or that the
Wife had joined in ſelling ſome Part of the Land.
A Settlement was made by the Huſband, for a Jointure of his Wife, reciting,
that the Wife had joined with the Huſband to ſell Part of her former Jointure,
in which he and ſhe were Tenants for Life, the Remainder in Tail to the firſt
and tenth Son, Remainder to his Heirs : By Hale C. J. at a Trial at Bar, this
is not fraudulent, though he alone, having no Iſſue, might bar this contingent
Remainder.
And a Man may ſettle Lands on his Son, before he be a Bankrupt; and if it
be not by Fraud and to deceive Creditors, it ſhall be good (and the Fraud muſt be
found by the Jury.) The Statute ſaith, The Sale of the Commiſioners ſhall be good
againſt ſuch Offenders, and he is no Offender till he is a Bankrupt.
If a Man purchaſes Lands after the Time of his Trading, and his being in
Debt, and doth purchaſe it in the Name of his Wife or Children fraudulently;
this will be liable to Sale by the Commiſſioners ; Though it is otherwiſe, if it
be purchaſed before he comes to be a Merchant. Alſo any Sale of Lands or
Goods by a Bankrupt before he comes to be in Debt, or before his Trading,



Gooding. 82.
Stile's Rep.
288.
Tucker and
Clejh.
Scot a Bill.
3 Keb. 82.
Jones 438.
is
OF BANKRUPTCY.
551
34.
I
Cro. 68.
is without Queſtion good; and ſo are all the Acts he doth, before he comes to March Rep.
appear to be a Bankrupt.
In Caſe'a Bankrupt hath Lands in Right of his Wife, they may be ſold during
Stone 163,
164. Langban
the Coverture; and if ſhe be a Feme Sole Merchant in London, ſhe becoming a fohn Bewa
Bankrupt, the whole ſhall be ſold ; and it ſhall be counted the Huſband's eit's Wife.
Folly to ſuffer her to trade, and her Trading ſhall be looked upon as his; ſo
that ſhe and her Eſtate in Trade ſhall be affected by his Bankruptcy. But the
Dower of a Bankrupt's Wife ſhall never be ſold, unleſs the marries one that
is a Bankrupt.
It is clearly held, that if two Perſons are jointly ſeiſed of Lands, and one be-
comes a Bankrupt, his Moiety may be ſold by the Commiſſioners: even though 1 Jac. I.
he be dead, and the Survivorſhip ſhall not take Place.
And where two Women are joint Tenants of a Leaſe for Years, and one takes a Gooding, 89,
Huſband who becomes a Bankrupt; the Commiſſioners may ſell the Intereſt of a 90.
Moiety: And yet this has been queſtioned; for Chattels real are given to the
Huſband, if he ſurvive; but if he die before the Wife, ſhe ſhall have them. If
two joint Tenants are diffeiſed, it is likewiſe a Queſtion, whether the Commiſ-
fioners ſhall fell on the Bankruptcy of one of them; for before Entry he could
not grant his Moiety, though he might releaſe it.
As to Lands deſcended or deviſed to the Bankrupt after his Bankruptcy, the Com- Stone 147.
miſſioners may ſell the ſame: as they may all Offices of Inheritance, ſuch as
Warden of the Fleet, Keeper of a Foreſt, &c. but no judicial Office, or Office
of Truft which is annexed to the Perſon, and may not be executed by a De-
puty; for if ſuch Officer abſents, he forfeits his Office, and then the King's
grant is over.
As for Lands mortgaged, or Eſtates on Condition, by 21 Jac. I. Chap. 19. if Billinghurſt,
a Merchant makes a Feoffment on Condition, that upon paying a certain Sum he "16.
may re-enter, and then becomes a Bankrupt, the Commiſſioners may tender the
Money at the Day, and make Sale of the Land. But where Lands are mort-
gaged to a Bankrupt, as of a Feoffment in Fee, in Conſideration of a Sum of Mo-
ney, to be paid to him and his Heirs, provided that if the Feoffor do not
pay
ſuch
a Sum on ſuch a Day, then the Feoffor is to make it an Eſtate abſolute: The
Feoffee becomes a Bankrupt, and the Money is not paid on the Day; the Com-
mifſioners cannot by this A&t force the Feoffor to make an abſolute Fee, though
Chancery will compel him.
By the Statute, the Commiſſioners are enabled to perform the Condition, &c. 1 Chan.Cafe,
of a Mortgage; but if the Mortgage is forfeited, it has been formerly a Quere? Vern.97.
whether the Commiſſioners might diſpoſe of the Equity of Redemption; but Ser-
jeant Newdigate ſaid it had been ruled in Chancery, that Commiſſioners may
af-
ſign an Equity of Redemption.
Where the Equity of Redemption of Lands mortgaged was conveyed over to a
third Perſon by a Bankrupt, after his Bankruptcy, though before the Aſſignment
of his Eſtate by the Commiſſioners; Lord Chancellor Talbot held that nothing
paſſed by this Conveyance; for Creditors after' Bankruptcy are in Nature of
Purchaſers, and have a prior Equity to any other Perſons.
And as the Statutes concerningBankruptcy are founded on ſuppoſed Frauds of the Talbot's Cafe,
Bankrupts; and conſequently intended to put them under Diſabilities to prejudice 68, 69.
their Creditors; ſo his Lordſhip decreed, that the Mortgage ſhould reconvey to
the Plaintiff, the Aſſignee, upon Payment of the Principal and Intereſt.
In general, no Perſon ſhall be allowed to come into Equity for a Redemption, Barnardift
.
but he that has no legal Eſtate of the Mortgager ; and where there are proper Rep,30, 32.
Perfons as Aſlignees to get in the Eſtate of a Bankrupt, a Court of Equity will
not fuffer the Creditors to bring in a Billin order to redeem or recover that Eſtate,
unleſs the Aflignees under a Commiſſion make Default or collude with a Debtor,
when a Creditor may bring his Bill, in order to take Care of the Eſtate, and
charge the Aſignee with ſuch Collufion.
If a Bankrupt (before his Bankruptcy) ſells his Goods to other Perſons, and 21 Jac. I.
C. 15. S. 18.
yet keeps and diſpoſes of the ſame as if they were his own, ſuch Goods Thall be
fold by the Commiſſioners; and accordingly it hath been always ſo adjudged :

Pafch. 1740.
5
And
552
OF BANKRUPTCY.
i Lill. Abr.
195.
And if a Man, with an Intent to ſupport the Credit of a Bankrupt, fuffers him
to have his Goods in his Cuſtody, and to diſpoſe of them, the Property of theſe
Goods ſhall be accounted to be in the Bankrupt, and not in the true Owner ;
for the Owner ſhall loſe his Right, as a Puniſhment for his falſe Dealing herein,
and of the Miſchiefs that may grow by ſuch Devices to evade the Laws; and the
Law cannot take Notice of ſuch private Things done between the Parties, but
will judge of them as they appear to be.
If one becomes a Bankrupt after an Extent and before the Liberate, and the
Commiſfioners ſell the Goods to the Creditors; it has been adjudged they cannot
be fold. Though the Words of the Statute are, That the Commiſioners have
Power to ſell the Goods which were his at the Time that he became a Bankrupt;
notwithſtanding he becomes Bankrupt before the Liberate ; and although the
Property remains in the Conuſor until the Delivery by that Writ; yet the Extent
has bound the Goods ſo, that when the Liberate comes it defeats this, and di-
Credlogom veſts the Property of the Goods out of the Conufor, as to any mean Act or In-
Jey. cumbrance, from the Time of the Extent.
In this Caſe all the Court reſolved, and ſeverally delivered their Opinions, that
thoſe Goods extended before the Party became a Bankrupt, and delivered by the
Liberate after he was a Bankrupt, could not be ſold by the Commiſſioners; becauſe
they being extended, are quaſi in Guſtodia Legis, ſo as the Conufors have not any
Power to give, ſell, or diſpoſe of them; and they are as Goods gaged or diſtrained,
which cannot be forfeited by Outlawry, or taken in Execution, from the Perſon
that has them in Gage, or by Way of Diſtreſs, without Payment of the Money,
for the Goods are bound by the Teſt of the Writ of Extent or Execution ſued.
They alſo held, when the Writ of Liberate is ſued out, it has Relation to the
Writ of Extent, and they are as but one Extent; and the Goods are ſo bound by
the Extent and Appraiſement, that the Conufor hath no more Property in them
but ſecundum quid, that is, if the Conuſee refuſe to accept them; for it is a con-
ditional Writ to deliver the Goods to the Conuſee, if 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 or an Extent is ſerved or
executed; that this is to be accounted the Execution of an Extent, when the
Goods are appraiſed, and the Writ returned; but ſo long as they remain in the
Hands of the Conufor, they may be fold; but when they are delivered by the
Liberate, and the Extent is returned ſerved, the Goods are not ſubject to any
other Execution, nor the Power of the Commiſſioners, to meddle with them.
1 Jones 202.
An Execution was fued by a Perſon, the Money levied, and in the Sheriff's
176. Hands, and the Man became a Bankrupt: By the Court; the Money recovered
Benfon a
Flower and in the Hands of the Sheriff is not aſſignable by the Commiſſioners to the Creditors,
for it is in Cuſtodia Legis.
But it is nevertheleſs held, that the Aſignees of the Commiſſioners may bring
a fcire facias againſt the Defendant, in caſe the Money lie in his Hands, in
Clayton.
Order to try the Bankruptcy, and ſo gain the Money recovered by the Bankrupt.
One Thompſon had a Judgement againſt Watkins for 6ool, and the 19th of June
* Mod. 93. fued out a fieri facias thereupon, which the zoth of June was delivered to the
Sheriff in the Morning, and Watkins having Notice thereof, in the Night of the
fame Day departed from his Houſe, and thereby became a Bankrupt; the iſt of
Oktober the Sheriff levied 400l. of the Goods of Watkins, and paid it to Thompſon,
and the Commiſſioners afligned it in the Hands of Thompſon to the Plaintiff, as
Phillips a
the Goods of Watkins in his Hands, for which an Action on the Caſe was
Thompson. brought, and a ſpecial Verdict on it found; and being learnedly argued on both
1900.69, Sides, a Judgement was finally given for the Defendant.
In an Action of Treſpaſs brought by the Affignees of Commiſſioners of Bank-
ruptcy, for taking of their Goods; on Not guilty pleaded, the Jury found a fpe-
cial Verdict, the Subſtance of which was as follows, viz.
One Toplady, a Vint-
ner, on the 28th of April became a Bankrupt, againſt whom a Judgement was
formerly obtained; the Judgement Creditor fued out a fieri facias, and
the Sheriffs
of London by Virtue thereof, on the 29th of April ſeized the Goods of the ſaid.
Toplady; and after the Seizure, but before any Venditioni exponas came, an Ex-
tent,



Cro.Car.166.
Blackwell.
See the Caſe
of Monk a
Morris and
i Vent. 193.
I
OF BANKRUPTCY.
tent, which is a Prerogative Writ, iſſued out of the Exchequer, againſt two Per-
ſons who were indebted to the King, and by Inquiſition, this Toplady was found
to be in Debt to them, whereupon Part of the Goods mentioned in the Plaintiff's
Declaration, were ſeized by the Sheriff, and ſold, and the Money paid, &c. but
before the ſaid Sale, or any Execution of the Exchequer Proceſs, a Commiſſion
of Bankruptcy was had againſt Toplady, and the Commiſſioners aſſigned the
Goods to the Plaintiff.
The Queſtion here was, whether this Extent did not come too late? Or whether
the fieri facias was well executed, ſo that the Aſſignees of the Bankrupt’s Eſtate
could not have a Title to thoſe Goods, which were taken before in Execution, and
fo in Cuſtody of the Law ? The Court adjudged, That the Extent, though a Lechmere a
Prerogative Writ, and likewiſe the Aſſignment by the Commiſſioners of Bank- Thorowgova
rupt, came too late, becauſe the Execution being well executed, the Goods Mod. 236.
were made liable to the Judgement Creditor.
A Perſon that is a Bankrupt, becomes Felo de ſe; it has been a Queſtion, whe-
ther the Commiſſioners may afſign the Goods to be ſold for the Creditors, or if
the King ſhall have them? And it was reſolved for the Creditors: For though it
is adjudged in Lady Hale's Cafe, in Plowden, that when two Titles come to-
gether, viz. the King's and that of a Subject, the King's Title Thall be pre-
ferred; yet the King by the Acts of Parliament has given away his Title to the
Creditors : And nevertheleſs this may admit of a Diſpute, the Judges never
conſtruing a Statute to give away the King's Right, but wherein he is mentioned. See W. Jones
In a Queſtion whether the Creditors by a Commiſſion ſhall have the Goods of Rep. 203.
a Perſon outlawed ? It is conceived the King ſhall have them by Outlawry, &c.
where he has a Title at common Law.
In the Chancery, it has been decreed, that Money overpaid on an ufurious Con-
tract, as where a Sum is lent to a Perſon in neceſſitous Circumſtances, at fix or eight
per Cent. who afterwards becomes a Bankrupt, ſhall be accounted for and refunded,
notwithſtanding the Agreement of the oppreſſed Party to allow ſuch Payment,
and the Securities therefore to be delivered up. But in the Caſe of Money loft Bofanquet a
Daſhwood.
at Gaming and paid, the Court will refuſe Relief, where it cannot be recovered
at Law; for there the Plaintiff in Equity is particeps Criminis.

and Sir Simon
Nevil's Cafe,
Hil, 3 Car. I.
Talbot's Care,
38, 41.
Of uncertain and contingent Eſtates, and which do and do not center in the Bankrupt.
HESE are ſeveral, which I ſhall mention in Order, beginning with the
Bankrupt's Wife; and, firſt, concerning her Dower.
Dower is a Portion which a Widow hath of the Lands or Houſes of her Huſ-
band after his Deceaſe; and by, the common Law it is a third Part of the Lands
which the Huſband died feiſed of, either in Fee Simple or Fee Tail, which ſhe
is to enjoy during Life.
By the Cuſtom of Kent called Gavelkind, the Widow is intitled to the half Part
of the Huſband's Eſtate, either in Fee Simple or Fee Tail
, quamdiu remanet Sola et
Caſta, ſo long as the remains ſingle and continent; but if ſhe marries, or is guilty
of Incontinency, then ſhe forfeits ſuch Eſtate.
Lord Coke fays, that all kinds of Dower were inſtituted for the Wife's Subliſt- 1 Inſt. 33. b.
ance during her Life; which Right of Dower is not only a legal but a moral 3 Peer Will.
Right, as it was held by Sir John Trevor, Maſter of the Rolls, in the Caſe of Sir*70. Je-
Lady and Lord Dudley.
kyl's Argu-
ment and Re-
Secondly, the Relation of Huſband and Wife, as it is the neareſt, ſo it is the
earlieſt; and therefore the Wife is the proper Object of the Care and Kindneſs of her
Huſband. The Huſband is bound, by the Law of God and Man, to provide for her
during his Life; and after his Death the moral Obligation is not at an End, but he
ought
to take care of her Provipon during ber own life. This is the more reaſon
able, as during the Coverture, the Wite can acquire no Property of her own. If
before the Marriage ſhe had a real Eſtate, this by the Coverture ceaſes to be her's,
and the Right thereto, whilſt ſhe is married, veſts in the Huſband; her perſonal
Eſtate becomes his abſolutely, or at leaſt is ſubject to his Control; ſo that unleſs the
has a real Eſtate of her own, which is the Caſe but of few, the may, by his
Death,

ſolution,
7 B
554
OF BANKRUPTCY.
Death, be deſtitute of the Neceſſaries of Life, unleſs provided for out of his Eſtate
by a Jointure or Dower. As to the Huſband's perſonal Eſtate, unleſs reſtrained
by ſpecial Cuſtom, which very rarely takes Place, he may give it all away from
her; ſo that his real Eſtate, if he had any, is the only Plank ſve can lay hold of to
prevent her finking under her Diſtreſs. Thus is the Wife ſaid to have a moral
Right to her Dower.
The Huſband, on the contrary, has no Right to a Tenancy by the Courteſy, but
from poſitive Inſtitutions or Proviſion of the Laws: His Right does not ariſe from
the Relation of Huſband and Wife, for then every Huſband would have it, which
is not ſo; nor doth he want it, if it be not his own Fault, or at leaſt his Misfor-
tune. During the Coverture, he is Maſter not only of his own but of his Wife’s
Eſtate; and by his Induſtry and provident Care, may acquire Property fufficient,
without any part of her Eſtate, to maintain himſelf after her Death : So that the
Huſband's 'Tenancy by the Courteſy hath no moral Foundation, and is there-
fore properly ſtiled Tenancy by the Courteſy of England, that is, an Eſtate by
Favour of the Law of England.
Dower alſo is a legal Right created by Law, which ſettles the Quality of the
Eſtate out of which the Wife's Dower ariſes, and likewiſe aſcertains the Quan-
tum thereof.
The common Law ſays, the third Part is rationabilis Dos; and a
ſpecial Cuſtom, which is lex loci, enlarges or abridges the common Law of
Dower, and gives the whole, Half, or leſs than a Third.
· Inf. 33, b.
The common Law likewiſe aſcertains Dower, with reſpect to the Nature and
Quality of the Huſband's Eſtate.
It fays, the Wife's Dower muſt come out of ſuch an Eſtate as would deſcend to
the Iſſue of the Huſband by that Wife; and gives Dower of the Huſband's Seiſin,
though not actual, or reduced into Poſſeſſion; it annexes Privileges to Dower
as not to be liable to Diſtreſs for the Huſband's Debts to the King, much leſs for
any due to the Subject; with ſeveral other Privileges. Again, the Law fixes the
Age when a Woman is dowable; and, by the Way, fixes it at ſuch a Time, as, by
the Courſe of Nature (at leaſt in this part of the World) it ſeems impoſſible the
ſhould have Iflue, or be pregnant, viz, at nine Years old. But it is not ſo favour-
abletoa Tenancy by the Courteſy, which it allows only in the Caſe a Seilin in Deed;
it annexes no Privileges thereto. And though the Huſband may be Tenant by the
Courteſy of a common Sans Number, of which the Wife is not dowable, yet that
is becauſe of its Indiviſibility; in which Caſe if Dower was allowed, it would be
injurious to other Perſons, and the Lands be doubly charged. Thus the Law,
where it can juſtly do it, prefers the Title of Dower to that of Courteſy.
Dower is alſo an equitable Right, and ſuch a one as is a Foundation for Relief in
a Court of Equity. It ariſes from a Contract made upon a valuable Conſidera-
tion, Marriage being in its Nature a Civil, and in its Celebration a ſacred Con-
tract; and the Obligation is a Confideration moving from each of the contracting
Parties to the other; from this Obligation ariſes an Equity to the Wife in ſeveral
Caſes, without any previous Agreement, as to make good a defective Execu-
tion of a Power, a defective Conveyance, or ſupply the Defect of a Surrender
of a Copyhold Eſtate; in all which the Court relieves a Wife, and makes a
Proviſion for her, where it is not unreaſonable, or injurious with Reſpect to
others. Indeed in the Caſe of the Huſband, Marriage, as it is a legal Conſidera-
tion, ſo it is an equitable one; but then it is not carried ſo far in his Favour,
as in her's, and in the Caſes before-mentioned, the Court would not ſupply a
defective Title for the Huſband, at leaſt it has not been done.
This was a Bill brought bya Widow, to be endowed of an Equity of Redemption,
though the Mortgage was made in Fee before the Marriage, upon her paying a
Third of the Mortgage Money, or keeping down a Third of the Intereſt.
And
his Honour the Maſter of the Rolls, after citing ſeveral Authorities, declared, that
the Plaintiff, being the Widow of the Perſon entitled to the Equity of Redemption,
of this Mortgage in Queſtion (which was a Mortgage in Fee) hath a Right of Re-
demption; and accordingly decreed her the Arrears of her Dower from the Death
of her Huſband, the allowing the Intereſt of the Third of the Mortgage Money,
unſatisfied at that Time, and her Dower to be ſet out if the Parties differed.
1

5
A Wo-
OF BANKRUPTCY.
555
138. At-
torn. Gen.
A Woman is not entitled to Dower where the Huſband purchaſes an Eſtate Caſes in
with a Truſtee ; but if the Truſtee die in the Life-Time of the Huſband, the Chancery
Lord Talbot,
Joint Tenancy between the Huſband and the Truſtee will ſurvive to the Huf-
band, and then the Wife will be entitled to Dower.
The Defendant for 44001. purchaſed of Lord Bodmyn the Reverſion after the a cet
. Mich.
the Death of the Lord Warwick, of Lands of near 1oool. per Ann. and for Pro- i Vern. 356.
tection of the Eſtate, and to prevent the Plaintiff's Dower, the Defendant upon a Vandebendy.
his Purchaſe took an Aſſignment of a Term for Years, which was veſted in
Truſtees to ſecure the Payment of certain Annuities, and afterwards in Truſt
to attend the Inheritance, and likewiſe took an Aſſignment of an ancient Sta-
tute that had been kept on Foot for the Protection of the Eſtate.
The Plaintiff had recovered Dower at Law, but was prevented from taking
out Execution by Reaſon of the Term and Statute.
To be relieved againſt which, and to be let into the Poſſeſſion of her Thirds,
was the End of the Plaintiff's Bill.
The Defendant inſiſted he was a Purchaſer, and that he ought to have the Caſes in Parl.
Benefit of this Term for the Protection of his Purchaſe.
69.
But the Plaintiff's Bill was diſmiſſed, and upon an Appeal to the Houſe of
Lords, the Decree of Diſmiſſion was affirmed.
The Wife of a Bankrupt, of a Perſon non compos mentis, or of an outlawed
or excommunicated Perſon, or of a Perſon committing Felony, is not barred of
her Dower.
And in Caſe of the Bill for taking away the Eſtates of the South Sea Directors
in the Year 1720, all the Wives of their Huſbands were entitled to their Dower,
and received Satisfaction for the ſame.
But the Wife of a Perſon guilty of High-Treaſon, or of an alien Yew, is not
dowable; and if the Wife herſelf commits High-Treaſon, or Felony, or if the
elope from her Huſband, and lives with the Adulterer willingly, without being
reconciled to her Huſband, ſhe ſhall loſe and forfeit her Dower ; but if the
Huſband be reconciled, and the live with him again, the ſhall be endowed.
If a Wife levies a Fine with her Huſband, and they join in the Sale of an
Eſtate to a Purchaſer, ſhe is barred of her Dower.
By the Statute of 27 Hen. VIII. Cap. 10. Sect. 6. it is enacted, that where Per-
fons have purchaſed, or have Eſtate made of Lands and Hereditaments, &c. to
them and their Wives, and to the Heirs of the Huſband, or to the Huſband and
to the Wife, and to the Heirs of their two Bodies begotten, or to the Heirs of
one of the Bodies to be begotten, or to the Huſband and to the Wife for Term
of their Lives, or for Term of Life of the Wife, for Jointure of the Wife; every
Woman having ſuch Jointure ſhall not claim any Dower of the Reſidue of the
Lands that were her Huſband's.
And then it provides, that if any ſuch Woman ſhould be lawfully evicted from S. 7.
her Jointure, or any Part thereof, ſuch Woman ſhall be endowed of as much
of the Reſidue of her Huſband's Tenements, as the Lands ſo evicted ſhall amount
unto.
Provided alſo, that if any Wife ſhall have Lands, aſſured after Marriage in S. 9.
Jointure, except the Aſſurance be made by Act of Parliament, ſhe may at her
Liberty, after the Death of her Huſband, refuſe the Lands, to her aſſured in
Jointure, and demand her Dower according to the common Law.
Wife's Title to ber Free-Bench.
FREE-BENCH, is that Eſtate in Copyhold Lands which the Wife hath on
the Death of her Huſband for her Dower, according to the Cuſtom of the
Manor ; and in ſeveral Manors there are various Cuſtoms with Reſpect to ſuch
Eſtate ; and in ſome places the Wife hath the Whole of the Lands, in others
the Half, and in others the Third : and I ſhall cite the following Caſe:
This was an Action of Treſpaſs, and upon a ſpecial Verdict it was found, that Parker a Edith
the Land was Copyhold of Inheritance of the Manor of Cheltenham in Glouceſter-
ſhire, whereof Arthur Bleeke, late Huſband of the Defendant, wes ſeiſed in 13 Car. Roll.
Fee.
3 Cro. 568.
And
Bleeke.
Hil.
15
Car.
1002.
556
OF BANKRUPTCY.
And in this Manor there was a Cuſtom, that if a Copyholder, feiſed in Fee of
a Copyhold Tenement, died, leaving a Wife at the Time of his Death ſurviving
him, that the ſhould hold the ſaid Copyhold Land during her Life, and for
twelve Years after.
And by Virtue of the Stat. 13 Eliz, he was found Bankrupt; and by Indenture
dated the 5th of April 10 Car. and inrolled within the fix Months, they föld the
Copyhold Lands to the Plaintiff Alexander Parker and to William Sotherne and
their Heirs, for 6ool. paid for the Uſe of the Bankrupt’s Creditors.
And the Jury by Virtue of a private Act of Parliament made i Car. found,
that by the Cuſtom of that Manor, the Wife of the Copyholder ſhould have
Dower, and may have a Jointure aſſigned for her Life; and that a Copyholder
of Inheritance may grant for his Life and twelve Years after.
And that all Women then living, and late the Wives of any of the Copyhold-
ers of the ſaid Manor, dying Tenants, Nould and may enjoy the cuſtomary
Lands of their now or late Huſbands, and be Tenants for their Lives and twelve
Years after, as if that Act had never been made.
And that all the Cuſtoms and Uſages heretofore uſed and allowed within the
ſaid Manor concerning the enjoying any cuſtomary Lands, c. by any Widow
of any cuſtomary Tenant, or any after-taken Huſband of ſuch Widow, or the
Heir or Heirs of ſuch Wife, hereafter taking Huſband, or concerning the
Deſcending of any ſuch Lands to any other Perſon or in any other Form than
is before expreſſed, ſhall be void; and that all other lawful Uſages and Cuſtoms,
heretofore uſed within the ſaid Manor, which were not repugnant
and
contrary
to the true Meaning of that Act, ſhould be and remain good and effectual to be
ratified by that Act.
And the Jury found, that at a Court Baron of the ſaid Manor, held the iſt of
April 12 Car. it was found by the Homage, that Edith ſurvived her Huſband,
and ought to enjoy the ſaid Tenements for her Life, and for twelve Years after ;
and that upon a Preſentment the ift of April, 12 Car. and before the Admiſſion
of Alexander Parker and William Southerne, the ſaid Edith was admitted Tenant
of the Tenements aforeſaid, according to the Cuſtom of the Manor, and by
Virtue of ſuch Admiſſion ſhe entered.
And this was very well argued at the Bar by Glyn for the Plaintiff, and More-
ton for the Defendant, where two Points were inſiſted on.
iſt. Whether by the Bargain and Sale made by the Commiſſioners, by Virtue
of the Statute of Bankrupts, the Eſtate of the Copyholder was veſted in the Bar-
gainee before Admittance; for then the ſaid Arthur Bleeke did not die Tenant,
and ſo it is not within the Cuſtom, that his Wife, ſhould have Widow's Eftate.
2dly. Admitting he died Tenant, and the Widow had ſuch an Eſtate veſted
in her, whether the Vendees (by the Bargain and Sale to them before made) ſhall
not afterwards diveſt the Eſtate of the Feme by Relation, and then the Plaintiff
hath a good Title.
And it was argued that the Bargain and Sale binds the Copyholder, and bars his
Eſtate; and that he is no Copyholder after the Bargain and Sale enrolled; and the
Bargainee by the Statute is only barred to take the Profits until Admittance, which
is for the Lord's Benefit, in Reſpect to the Fine due to him thereupon. 2dly, It
was held, when the Bargainee is admitted by the Lord, it ſhall veſt in the Bar-
gainee, and ſhall have Relation to the Bargain and Sale, and ſhall diveſt the Eſtate
which the eme claimed by the Cuſtom, as in the Caſe of 7 Edw. VI. Brook,
Title Inrolments. Where one Joint Tenant bargains and ſells, and before the In-
rolment the other dies, and afterwards the Deed is inrolled within the ſix Months,
yet the Moiety only paſſed. And it is like the Cafe where one bargains and fells
by Indenture, and takes a Wife and dies, and afterwards the Deed is inrolled
within fix Months, the Feme ſhall not have her Dower; and ſo the Caſe 22
Eliz. where a Mortgagee dies, his Heir being in Ward to the King, the Con-
dition is afterwards performed, the Wardſhip ſhall be diveſted. Fones and Bram-
fton doubted of the Point, until they ſaw the Record finds the Act to be par-
ticularly, that the ought to be the Wife of a Tenant, and it is not intended, that,
after the Sale of the Copyhold he ſhould die Tenant, and he did not die Tenant,
becauſe the Bargain and Sale took his Eſtate from him, and ouſted him of
the

OF BANKRUPTCY.
557
the Copyhold. Wherefore they agreed Judgement ſhould be entered for the
Plaintiff.
Having exhibited theſe Caſes concerning the Wife's Dower and Free-Bench, I
ſhall now mention ſome concerning
ſeparate Settlements before Marriage and Pro-
viſions of Parents after:
Separate Settlements
RE frequently made before Marriage ; and the fitteſt and ſecureſt Manner
of making them is as follows:
The intended Wife names Truſtees of her own, and that part of her Fortune or
Eſtate, which ſhe or her Friends think fit to ſettle for ſuch ſeparate Uſe, is with
the Privity and Conſent of the intended Huſband, and who ought always to be
made a Party to the Deed, conveyed or aſſigned to ſuch Truſtees for her ſole and
ſeparate Uſe and Benefit, and to and for ſuch Uſes, Intents, and Purpoſes, as the
faid intended Wife, by Deed or Deeds in Writing, or by her laſt Will, ſhall direct
or appoint: And there is a particular Agreement that ſuch ſeparate Eſtate ſhall
not be ſubject in any Reſpect to the Debts, Control, or Engagements of the
Huſband; but that the Truſtees are to pay and apply ſuch ſeparate Eſtate, or
the Rents or Intereſt thereof, into her own proper Hands, or to permit her,
or her Affigns, to receive the ſame for her own ſeparate Uſe (excluſive of her
Huſband) as ſhe ſhall appoint.
And by this Deed the intended Huſband uſually covenants with the Truſtees,
that they ſhall quietly enjoy ſuch ſeparate Eſtate or Money; and he conſents to
the Settlement, and he agrees that any Deed or Will that ſhe may make, accord-
ing to that Deed, ſhall have its full Effect; and that he will not obſtruct the
Execution of the ſame.
Theſe ſeparate Proviſions are alſo frequently made by Deed or Will, by Parents
to their Daughters that are married, as a Proviſion for their Support and Main-
tenance, in Caſe any Misfortunes or Loffes may happen to their Huſbands; and
if they are ſecured in this Manner, they are effectual againſt any of the Huſband's
Creditors, or any Incumbrance or Act of Bankruptcy.
And the Reaſon why Settlements ſhould be made in this Manner will appear
from the following Caſes.
A Widow makes a Deed of Settlement of her Eſtate, and marries a ſecond 2 Chan. Rep.
Huſband, who was not privy to ſuch Settlement; and it appearing to the Court, 18. Howard
that it was in Confidence of her having ſuch an Eſtate that the Huſband married
her, the Court ſet aſide the Deed as fraudulent.
So where the intended Wife the Day before her Marriage entered into a Re- 2 Chan. Rep.
cognizance to her Brother, it was decreed to be delivered
up.
So where a Conveyance was made by the Wife before her Marriage to Truſtees 2 Vern. 17.
in Truſt, that they ſhould permit her to receive the Rents and Profits of the Carleton and
Eſtate, and act in every Thing as ſhe, whether Sole or Covert, ſhould appoint; Dorfet.
the Lady being crazed in her Underſtanding, endeavoured to run away from her Hil. 1688.
Huſband, and ſtirred up her Creditors to ſue him; and the Conveyance appearing
to be without the Huſband's Privity, the Lord Chancellor held it to be in
Derogation of the Rights of Marriage; and decreed the Poſſeſſion of the Eſtate
to the Huſband, and a Conveyance from the Truſtees to the Six Clerks, that it
might be ſubject to the Order of the Court.
Å Woman on Agreement before Marriage with her Huſband, being to have a 2 Vern. 17.
Power to act as a Feme Sole; and the Huſband dying, and ſhe marrying again,
Dennington,
the ſecond Huſband, not being privy to the Settlement on the firſt Marriage, it
was decreed, that the ſecond Huſband ſhould not be bound by the Settlement
made on the former Marriage. A Caſe cited to be decreed.
But when a Widow, before her Marriage with a ſecond Huſband, aſſigned 1 Vern. 408.
over the greateſt Part of her Eſtate to Truſtees, in Truſt for Children by her
former Huſband; and though it was inſiſted, that this was without the Privity Mich, 1689.
of her Huſband, and done with a Deſign to cheat him, yet the Court thought
that a Widow may thus provide for her Children, before ſhe put herſelf under
the Power of an Huſband; and it being proved that 800l, was thus ſettled, and
that




79.
Edmonds and
Hunt and
Matthews.
7 с
558
OF BANKRUPTCY.
Grout.
432.
Hil, Term.
Can.
Bennett a
Davis.
2 Peer Wil.
J. S. Was
Rolls
his Daughter to
that the Huſband had ſuppreſſed the Deed, he was decreed to pay the whole
Money, without directing any Account.
Toulfon a William Davifon having deviſed a Legacy of bool. to his Son, payable at twenty-
2 Vern, Rep. one, for which he had obtained a Decree, and 6371. reported due; before he
received the Money he became a Bankrupt, and the Commiſſioners aſſigned the
1701. in Cur.
Legacy and Benefit of the Decree.
The Bill was brought by the Aſſignees to have the Benefit of the Decree; to
which the Defendants, the Executors, demurred, inſiſting that a Legacy was not
within the Compaſs of Proviſion of any of the Acts made againſt Bankrupts, to
be aſſigned to the Creditors.
But the Demurrer was overruled; and ſaid that the Act of Parliament ought
to be taken in the moſt beneficial Senſe for the Advantage of the Creditors.
Wills in Favour of a Bankrupt’s Wife, &c.
was extravagant and in Debt; the Father makes his Will, and de-
316. Mich. viſes the Premiſes in Queſtion (being Lands in Fee) to his Daughter, the Wife
1731, at the of Bennett, for her ſeparate Uſe, excluſive of her Huſband, to hold to her and
her Heirs; and that her Huſband ſhould not be Tenant by the Courteſy, nor
have theſe Lands for his Life in Cafe he ſurvived his Wife, but they ſhould,
upon the Wife's Death, go to her Heirs.
Soon after this the Teſtator dies, and Bennett becoming a Bankrupt, the Com-
miſſioners aſſign the Lands to the Defendant Davis, in Truſt for the Creditors;
and upon Davis's bringing his Ejectment, the Bankrupt's Wife, by her next
Friend, prefers her Bill againſt Davis the Affignee and Huſband, to compel
them to aſſign over his Eſtate to her ſeparate Uſe.
It was objected on Behalf of the Defendant, that he being a Creditor, and have
ing the Law on his Side, it would be hard to take that Benefit from him; and that
though the Teſtator might intend theſe Lands for the ſeparate Uſe of his Daugh-
ter, yet that this Intention was not executed according to Law, as the Premiſes
were not deviſed to Truſtees for the ſeparate Uſe of the Wife, and according to
Law the Huſband, during the Coverture, was entitled to the Wife's Eſtate in her
Right; and it was farther urged, that the Caſe of a Deviſe of a Legacy or of a
Term to the Wife for her ſeparate Uſe might be good, becauſe theſe remained in
the Executor until Aſſent, and Equity would not compel the Executor to aſſent,
whereby the Intention of the Teſtator fhould be diſappointed, but would continue
the Executor a Truſtee for the Feme Covert. Whereas in the preſent Caſe, the
Deviſe being of Lands in Fee to the Wife, who by the Will only had an immediate
Title thereto, the Huſband muſt conſequently be entitled to the Profits in her
Right.
That there was no Truſt, the Teſtator never having intended to truſt the Huf-
band, and the Wife could not be a Truſtee for herſelf; beſides, the Huſband could
not be a Truſtee for the Wife, they both being but one Perſon.
On the other Hand, the Plaintiff's Counſel would have read parole Evidence, to
prove that the Teſtator did not intend theſe Lands ſhould be liable to the Huſband's
Debts; but the Court would not permit ſuch Evidence to be read, it being in the
Caſe of a Deviſe of Land, which by the Statute muſt be all of it in Writing.
As to the Chief Point the Maſter of the Rolls took it to be a clear Caſe, that it
was a Truſt in the Huſband, and that there was no Difference where the Truſt
was created by an Act of the Party, and where by the Act of Law.
If I ſhould deviſe that my Lands ſhould be charged with Debts or Legacies, my
Heir, taking ſuch Lands by Deſcent, would be but a Truſtee; and no Remedy for
theſe Debts
and Legacies but in Equity: So in the principal Caſe, there being an
apparent Intention that the Wife ſhould enjoy thefe Lands to her ſeparate Uſe:
By that Means the Huſband, who would otherwiſe be entitled to take the Profits
in his Right during the Coverture, is now declared and made a Truſtee for his
Wife; and admitting the Huſband to be a Truſtee, then the Argument of the
Creditors having the Law on their Side, was immaterial; as if the Bankrupt had
been a Truſtee for I. S. his Bankruptcy ſhould not in Equity affect the Truſt
Eſtate;


I
1
OF B A N KRUPTC Y.
559
a Williams.
Eſtate; and that though the Huſband (the Bankrupt) might be Tenant by the
Courteſy, yet he ſhould be but a Truſtee for the Heirs of the Wife. Alſo when
the Teſtator had a Power to deviſe the Premiſes to Truſtees, for the ſeparate
Uſe of the Wife, this Court, in Compliance with his declared Intention, will
ſupply the Want of them, and make the Huſband Truſtee.
fendant, the Aſſignee, who claiming under the Huſband can have no better
Right than the Huſband, muſt join in a Conveyance, for the ſeparate Uſe of
the Wife, which was decreed accordingly.
The Defendant's Teſtator by his Will deviſed 800l. to be paid within fix Months 2 Vern. 96.
after his Death to one Mr. Define, in Truſt, that he ſhould lay it out and inveſt it
1689.
in a Purchaſe for the Benefit of the Wife of I. S. and to ſettle it ſo, as after the
Death of his Wife it might come to her Children, and the Intereſt in the mean
Time to be paid to ſuch Perſons as ought to receive the Profits. I. S. becomes a Vandenanker a
Bankrupt, and the Plaintiff, as Aflignee under the Statute, would have the Intereſt Deſbrough.
of this Money decreed to him, during the joint Lives of Baron and Feme.
Per Curiam : This not being any Truſt created by the Huſband, or any thing
out of his Eſtate, but given by a Relation of the Wife's, and intended for her
Maintenance, it is not liable to the Creditors of the Huſband, and the Plaintiff
hath no Title thereto as Aſſignee of the Commiſſion of Bankrupt; and there-
fore decreed it ſhould be paid to Define the Truſtee, to be laid out in Land, and
ſettled according to the Will.
The Caſe of Drake and the Mayor of Exeter was cited, where there was a Leaſe
for twenty-one Years, with a Covenant for Renewal at the End of the Term ;
the Lefſee became Bankrupt; adjudged, the Aſſignee under the Statute ſhould
have no Benefit of that Covenant.
Walter Wallinger by his Will left to his Niece Elizabeth Tayleur, an Infant, Jacobſon & al.
joool. payable after the Death of the Teſtator's Wife, and at his ſaid Niece's Age
of twenty-one Years, if ſhe ſhould ſo long live.
The Niece married I. S. without the Knowledge or Conſent of her Father; I. S. 1 Peer Will.
being at that Time much in Debt by Judgement and otherwiſe; and gained the 38 3;Cafesoo.
young Gentlewoman's Conſent by the Influence of a Maid Servant, whom he 1717. L. C.
had bribed to his Intereſt. The Niece was about eighteen Years of Age.
Cowper, Abr.
Cafés in Eq.
Soon after the Marriage I. S. became a Bankrupt, and the Commiſſioners of 54.
Bankruptcy afligned over all the Eſtate and Effects of the Bankrupt to the Plain-
tiffs, in Truſt for the Creditors, who brought their Bill for this Legacy; the
Teſtator's Widow being dead, and the Niece being about twenty-one Years old,
and conſequently the Legacy due ; and the Bankrupt had two Children by his
Wife then living.
This Cauſe coming on before Baron Price, in the Abſence of the Lord Chan-
cellor, the Baron, in Regard to the Creditors, did decree the Legacy and Intereſt
to be paid to the Plaintiffs.
But upon an Appeal from that Decree to the Lord Chancellor, his Lordſhip de-
clared, that foraſmuch as the Plaintiffs, the Aſſignees of the Commiſſion, claimed
under the Bankrupt, they ought not to be in a better Caſe than the Bankrupt him-
ſelf; and ſince, if he had brought a Bill for his Legacy, the Court would not have
allowed it him, without obliging him at the ſame Time to make ſome Proviſion for
the Wife and Children; ſo, for the fame Reaſon, when theſe claiming under the
Bankrupt, and who muſt be exactly in the ſame Caſe as he himſelf would have
been in, come for Equity, they ought to do Equity, which would be to provide
for the Wife and Children of the Bankrupt, from whom they derived their Claim.
But with Regard to the Intereſt of the Money, as the Bankrupt commonly was al-
lowed to receive that, ſo the Affignees ought to receive the ſame during the
Bankrupt's Life ; alſo if the Bankrupt’s Wife Ahould die without Iſſue, then
the Bankrupt would have been allowed to receive the whole Money, and there-
fore in ſuch caſe the Aflignees ſhould be allowed to receive it alſo.
However his Lordſhip ſaid, that as a Judge had been of a contrary Opinion,
he would take Time to confider of it.
And on the Cauſe's coming on again, the Caſe of Taylor and Wheeler was cited;
and it was moreover obſerved to the Court, that the Bankrupt had in this Cafe
gained his Certificate and was diſcharged, and that the Afûgnment made to the
Complainants





560
OF BANKRUPTCY.
Complainants being before the Legacy was veſted, if they could not now ſupply
the Aſſignment, by making a new one, the Conſequence was that the Legacy
was veſted in the Bankrupt.
But the Lord Chancellor replied, that this not appearing in the Pleadings, he
would take no Notice of it; nevertheleſs at another Day, the Fact being made to
appear by a Petition with the Certificate of the Commiſſioners, and the Allowance
of the Lord Chancellor Harcourt annexed, the Court ſaid it was clear, the Com-
miſſioners could not aſſign this Poſſibility of Right which the Bankrupt had to
the Portion, and conſequently the Aſſignees being Plaintiffs in the Bills, and
entitling themſelves under this Aſſignment, and this Aflignment being void,
with reſpect to ſuch Poſſibility *, therefore the Bill muſt be diſmiſſed, but
without Corts, becauſe the Plaintiffs were Creditors.
* But the Reaſon given above, viz, becauſe the Bankrupt, the Huſband, could not
have come at his Wife's Portion without the Aſſiſtance of a Court of Equity, which
would not have decreed it to him, but on his making fome Proviſion for his Wife, feems
to have been the beſt Foundation for this Decree; fince a Poſſibility or contingent In-
tereft is certainly aſignable by the Commiſſioners. Thus in the Caſe of Higden verſ.
Williamſon, firji beard at the Rolls, Mich. 1731, and afterwards afirmed by Lord
Chancellor King, in Mich. 1732. The Caſe in Effect was, an Eſtate was deviſed to
be fold, and the Monies ariſing from
ſuch Sale to be divided among ſuch of the Children
of A. as ſhould be living at his Death : A. had ſeveral Children, one of whom, viz.
B. became a Bankrupt, and the Commiſioners aſſigned over his Eſtate, after which B.
got his Certificate allowed ; and then A. died: Declared that his Share of this
Money, which on A.'s Death belonged to B. fhould be paid to the Commiſioners;
for that not only the latter Statutes relating to Bankruptcy mentioned the Word
Poſſibility, but alſo becauſe the 13 Eliz. Cap. 7. Sect. 2, empowers the Commif-
fioners to aſſign all that the Bankrupt might depart with; and here B. in the Life-
time of A. might have releaſed this contingent Intereft. Beſides, the 21 Jac. I.
Cap. 19. enačts, that the Statutes relating to Bankrupts hall be conſtrued in the
moſt beneficial Manner for Creditors.
Afterwards in Trinity Term 1718, the Wife of I. S. by her next Friend, hay-
ing brought a Bill, ſetting forth her having been ſeduced into this Marriage, and
the Huſband's Bankruptcy, together with the Certificate for his Diſcharge, prayed
that the Money might be put out to her ſeparate Uſe for her Life, and after-
wards for her Children ; to which the Huſband putting in his Anſwer, and
declaring himſelf ſenſible of his having injured his Wife, in Manner as above, ſub-
mitted to what was deſired by the Bill, only prayed the Arrears of Intereſt.
On the other Hand the Aflignees oppoſed the Bill,inſiſting, that theCommiſſioners
might ſtill make a new Aſſignment of this which was now and not before veſted.
But by Lord Chancellor Parker, the Commiſſioners have executed their Power,
and the Debts which the Huſband, the Bankrupt, owed to the Creditors before the
Bankruptcy, are now extinct by Act of Parliament; and this Portion is as a new
acquired Eſtate by the Huſband in Right of his Wife; wherefore ſince the Huſband
agreed to this Prayer of his Wife's Bill (which is but a reaſonable Reparation for
the Wrong he has done her) decree the Huſband the Arrears of Intereſt, de-
ducting the Coſts, and let the Legacy be laid out in a Purchaſe; and in the mean
Time let the Wife have the Intereſt for her ſeparate Uſe, &c. by which Means
the whole Legacy was ſaved to the Wiſe, and to her ſeparate Uſe.



Of Marriage Bonds, and Articles before Marriage.
ARRIAGE BONDS are frequently given before the Eſpouſals, by Perſons
who are engaged in Trade or Buſineſs, and where it would be
be inconvenient to
lay out the Portion in Land, becauſe the Woman's Fortune is ſuppoſed to be added
to the Huſband's, and to be inveſted in the Stock in Trade, inOrder to be there ma-
naged by the Huſband for the mutual Support of themſelves and their Children.
And theſe Bonds muſt be given to two Truſtees, to be named and appointed by
the intended Wife, or one of them by her, and the other by the Man, and accord-
ing to the Portion or Fortune, which the Woman brings her Huſband, the Huſ-
band binds his Heirs, Executors, and Adminiſtrators, within certain Time after

his
OF F
BANKRUPTCY.
561
Holland a
his Deceaſe, to pay to the Truſtees, or the Survivor of them, or the Executors or
Adminiſtrators of ſuch Survivor, the Sum agreed upon between them in Truſt,
and for the ſole Uſe and Benefit of the Wife, in Caſe ſhe ſhall ſurvive him; or
Part for the Wife, and Part for the Children, as the Parties ſhall agree between
themſelves; and in caſe the Wife ſhall not ſurvive the Huſband, and there
ſhall be no Children, then the Bond is uſually declared to be void.
The Reaſon of giving this Bond to Truſtees is in order to ſupport the Demand
againſt the Eſtate of the Huſband; and it is effectual againſt his real, as well as
perſonal Eſtate, but it muſt not be made to the intended Wife in her Name, be-
fore Marriage, becauſe upon the Marriage, the Huſband and Wife are become
one Perſon in Law, and whatever Securities might be given to her before Mar-
riage, unleſs they were ſupported by Truſtees, would, on ſuch Marriage, revert
back again, and be merged in the Huſband's Fortune, and be unſafe for the Wife.
A Marriage Bond is of no greater Effect and Force than any other Bond Debt;
but as the Wife is frequently Executrix to her Huſband, and the Law uſually
throws the Right of Adminiſtration upon her, whenever the is either Executrix
or Adminiſtratrix, the as well as any other Executor or Adminiſtrator has a
Right to pay her Bond Debt firſt, and preferable to all other Bond Debts, or
Debts of an equal or inferior Degree.
But, if the Huſband becomes a Bankrupt in her Life-time, this has been ad-
judged to be ſuch a contingent or uncertain Debt, that her Truſtees cannot
come in as Creditors to prove ſuch Debt under ſuch Commiſſion, which the
following Caſes will illuſtrate:
A Huſband who was a Trader (in Conſideration of a Marriage, and of a Portion)
gave a Bond to his Wife's Truſtees, to leave the Wife (if lhe ſurvived him) 1000l.
The Obligor became a Bankrupt; and it was objected, that in Lord Cowper's
Time it had been ordered, in Caſe of Bond given on ſo valuable a Conſideration,
that the Money computed upon the Diſtribution to be the Share of the Obligee 2 Vern. 662.
in this Bond, ſhall be put out at Intereſt, and the Creditors have ſuch Intereſt
Calliford.
during the Life of the Huſband, the Bankrupt; and if the Huſband Thould die,
leaving the Wife, the Money to be paid to the Wife; but if the Wife ſhould die
in the Life-time of her Huſband, then the Money to be paid to the Creditors.
On the other Hand, Lord Macclesfield was ſaid to have doubted of this, where- Ex Parte
fore this Caſe coming now in Queſtion before the preſent Lord Chancellor King, Bayly in Hil
.
his Lordſhip ordered the Precedents made in Lord Cowper's Time to be left 2 Peer Will.
with him.
497.Mich. T.
And his Lordſhip was of another Opinion, conceiving, that no Part of the 17:28:
L, C. King
Bankrupt’s Eſtate ſhould wait, or be deferred from being diſtributed; the Act or-
dering that the Bankrupt's Eſtate ſhould be diſtributed within
Months;
eſpecially that the Diſtribution ſhould not wait, as in the preſent Caſe, for a Debt
which was neither debitum in preſente, and never might be debitum in futuro, in
regard the Wife might die in the Life-time of her Huſband; beſides the Huſband,
after his Certificate allowed, might go to his Trade again, and become a ſolvent
Perſon able to pay off his Bond:
The Court reſolved, that the contingent
Creditor ſhould not come in for a Diſtribution, neither ſhould the Money be
reſerved in Favour of ſuch Contingency.
But his Lordſhip declared, that though the Debt was contingent when the
Obligor became a Bankrupt, yet if the Contingency happen before the Diſtribu-
tion made, then ſuch contingent Creditor ſhould come in for his Debt; ſo if ſuch
Contingency happened before the ſecond Dividend made, the Creditor ſhould
come in for his Proportion thereof, though after the firſt Dividend.
The Obligor on a Bottomree Bond became Bankrupt before the Return of the
Ship, and the Ship did not return before the Diſtribution made; whereupon it
was held that the Obligee ſhould have no Benefit of the Diſtribution upon the
Commiſſion. And,
Whereas it was objected, that this Bond would be barred, after the Bankrupt’s
Certificate allowed, which could not be unleſs it was then done.
Per Curiam: This cannot be, if the Obligor is careful in declaring upon his Note, The
Bond ; indeed if the Party declares upon the Bond only, he ſhall be barred; other-cautious Way
wiſe, if he fets forth as well the Condition as the Bond in the Declaration ; for in ſuch Cafe.
then


7 D
562
OF BANKRUPTCY.
1
Blanchard a
Mich. 1719.
enter the Death of
then it muſt appear, that the Cauſe of Action did not accrue at the Time of the
Obligor's becoming a Bankrupt.
But the above Caſe is ſince altered, and the Obligee in any Bottomrée Bond
ſhall be admitted to claim, and after the Loſs or Contingency ſhall have happened,
to prove his Debt or Demands in Reſpect of ſuch Bond, in like Manner as if the
Loſs had happened before the Time of the iſſuing of the Commiſſion of Bank-
ruptcy againſt the Obligor, and ſhall be entitled unto, and have and receive a
19 Geo. II. proportionable Part, Share, and Dividend of the Bankrupt's Eſtate, in Proportion
to the other Creditors in ſuch Bankrupt, and in like Manner as if ſuch Loſs and
Contingency had happened before ſuch Commiſſion iſſued.
And this Act makes it the ſame with the Obligors and Obligees on à Policy
of Inſurance.
One Blanchard, a Cabinet-Maker, married the Siſter of Calliford, who had
Calliford.
500l. Portion ſecured by Land. Blanchard, on his Marriage, gives a Bond to
leave his intended Wife, if ſhe ſurvived him, sool. or a third of his Eſtate, at
her Election.
Blanchard became a Bankrupt; Bill by the Aſſignees to have the 500l. raiſed
by a Sale; and decreed accordingly: But with this, that the Wife ſhould come
in as a Creditor upon the gool. Bond, and what ſhould be paid in Reſpect thereof,
to be put out at Intereſt, and received by the Creditors, during the Life of the
Huſband, and if the Wife ſurvived then the Money to be paid her.
I S. indebted by Bond to the Wife of A. became a Bankrupt; the Huſband
3 Vern. 707. comes in and claims the Debt, pays the Contribution Money, but dies before any
Dividend was made ; the Wife ſurvives, but dies alſo before any Diſtribution.
Lord Chancellor directed the Diſtribution to be made to the Executors of the
Wife, and not to thoſe of the Huſband; repaying to the Huſband's Executors
what he had advanced for Contribution.
The Huſband's paying the Contribution Money did not alter the Property of
the Debt, but it remained a Choſe in Action, and ſurvived to the Wife.
James Tully a The Plaintiff brought an Action of Debt againſt the Defendant for 800l. where-
Frances Sparks in Plaintiff declared, that William Donalfon in his Life-time, viz. the 6th of
and Chriſto-
pher May, May 1704, by his Bond, then dated, obliged himſelf, his Heirs, &c. to the Plain-
Executors of tiff Tully, and one Philip Rudſby, whom the Plaintiff ſurvived, in the ſaid Sum of
naljon.
800l. &c. with Condition, that if the Heirs, &c. of the ſaid William ſhould pay
to the ſaid Plaintiff Tully and Philip, or the Survivor of them, or the Execu-
the ſaid William, in Cafe one Martha Latimer ſhould marry the ſaid William, and
ſhould happen to ſurvive him ; in Truſt for the Benefit and Behoof of the ſaid
Martha, her Executors, &c. then the Obligation ſhould be void, &c. and the
Plaintiff in Fact ſays, that after the making the ſaid Bond, the ſaid Martha mar-
ried the ſaid William Donalfon, and that after the ſaid Marriage, the ſaid Philip
Rudſby died, and the Plaintiff ſurvived him; and that the ſaid William made his
Will, and the Defendants his Executors; and afterwards (the ſaid Will not being
revoked) died; and the ſaid Martha ſurvived him, and is yet alive; and that
after the Death of the ſaid William Donalſon, the Defendant Frances proved the
fạid Will in due Form of Law; that the ſaid Frances and Chriſtopher, or either
of them, did not pay to the Plaintiff the ſaid 400l. within two Months after
the Death of the ſaid William, according to the ſaid Condition, whereby the
Bond became forfeited ; and the Action aroſe to the Plaintiff, to demand of the
ſaid Defendants the ſaid sool. but the Defendants the ſaid sool, though often
requeſted, have not yet paid, &c.
The Defendants, after praying Oyer of the Bond and Condition (which was
granted) plead in Bar, that the ſaid William Donalſon, after making the Bond,
for ſeven Years, before and after that Time, exerciſed the Trade of a Biſcuit
Baker, and got his Living thereby, and became indebted to Sundries in the
Sum
of 2001. and more, and became a Bankrupt, and was declared ſuch by the Com-
miſſioners, and had his Certificate allowed.
This Caſe was learnedly argued both for the Plaintiff and Defendant, and the
Cauſe coming on in Michaelmas Term 1728, Judgement was given by the whole Court;
upon

William Do-
1
OF BANKRUPTCY.
563
--
upon the Merits, that the Plaintiff”s Debt was not barred by the Matter compriſed
in the Plea, becauſe it was not within the 7 Geo. I. Cap. 31.
In the Matter of James King, a Bankrupt, on the Part of Ann King bis Wife.
The faid Ann King, by her Petition in January 1742, ſet forth, that on the
16th of Feb. 1731, by Articles tripartite made before her Marriage with James
King, between James King the elder, and the Bankrupt, of the firſt Part; James
Sutton, and the ſaid Ann King, by the Name of Ann Sutton, his Daughter, of
the ſecond Part; and Robert Sutton and John Complin, of the third Part; reciting
the intended Marriage : It was, amongſt other Things, covenanted and agreed,
that the ſame James Sutton ſhould, within three Months after the Marriage,
pay the ſaid James King the younger 1000l. as her Marriage Portion; and if
James and Ann ſhould have Iſſue living at the Death of James Sutton, that then
his Heirs, &c. ſhould pay to the ſaid James King the younger, the further Sum of
1000l. if he ſhould be then living; but if King ſhould die before the laſt ioool. be-
came payable to him, then the ſame thould in like Manner be paid to the ſaid Ro-
bert Sutton and John Complin, &c. în Truſt, to place out the ſame at Intereſt, on
ſuch Securities as the Truſtees, with the ſaid Ann King, ſhould approve of, and
ſhould pay the Intereſt to be made thereof to her, during her Life; and after her
Deceaſe, for the Maintenance and Education of the Children of the ſaid James
and Ann King, till they ſhould attain twenty-one, and then to be paid to them
in ſuch Parts and Proportions as the ſaid James and Ann King ſhould appoint;
and for Default of ſuch Appointment, to be divided equally between them.
And in Caſe they had no Iſſue, then to ſuch Perſon or Perſons as the ſaid James
King the younger ſhould by Deed or Will give or appoint the ſame unto; and
in Default thereof, the fame was to be paid to the Executors or Adminiſtrators
of the ſaid James King:
And by the ſame Articles, James King the younger covenanted, that if he re-
ceived the ſaid 1000l. payable after James Sutton's Death according to ſuch Co-
venant, that then the Heirs, &c. of the ſaid James King the younger, would,
within three Months after his Deceaſe, pay to the ſaid Robert Complin and John
Sutton, &c. 1000l. to be by them employed in ſuch Manner and form, and for
ſuch Ufes, Intents, and Purpoſes as were before expreſſed and limited, touching
the 1000l. payable after the Death of James Sutton.
The Articles were executed by all Parties, and the Marriage ſoon after took
Effect.
In January 1739, James Sutton, the Father died; and James and Ann King
having Iſſue a Daughter named Ann, who was then living, James King became
entitled to the 1000l. after James Sutton's Death, and the Executors of Sutton
accordingly paid him the ſame; and he gave them a Diſcharge for it.
In January 1741, Robert Sutton, one of the Truſtees, died; and a Commiſſion
of Bankruptcy iſſued againſt James King, and he was duly found a Bankrupt, and
his Eſtate was afligned to Edward Grace, Thomas Garaway, and Timotby Den-
bam.
That the apprehended that John Complin, the ſurviving Truſtee, ought to be
allowed the 1000l. ſo paid to her Huſband James King, by Sutton's Executors,
in the Nature of a Debt under the Commiffion, by Virtue of the Covenant in the
Articles, and that a proportionable Part of King's Eftate, in proportion to
whạt was to be paid to his other Creditors, might be paid to the Truſtees, to
be diſpoſed in ſuch Manner as might anſwer the Intention of the faid Articles.
That ſhe had applied to Complin, and had requeſted him to prove the ſaid Debt
of 1000l. before the Coinmiffioners, and to be admitted a Creditor for the ſame;
but that he pretended, though his Name was mentioned as a Truſtee in the Ara
ticles, yet that he had never executed them; and refuſed to act in the Truſt;
whereby ſhe and her Daughter were in Danger of being totally deprived of the
Benefit of the 1000l. intended as a Proviſion for her by the faid Articles.
She therefore prayed his Lordſhip, that ſhe might be at Liberty to.name a neve
Truſtee in Complin's Room;
and that ſuch a new Truſtee might be admitted a Cre-
ditor under the ſaid Commiſſion for she ſaid 1000l. and might be paid a Dividend


I
in
564
OF:B A N KRUPTCY.
in Proportion with the Reſt of James King's Creditors, and that the Money to be
received by ſuch new Truſtee, by Virtue of ſuch Dividend, might be placed out
at Intereſt, in ſuch Manner as that ſhe might receive the Interelt thereof during
her Life, in Caſe ſhe ſurvived her Huſband ; and that the principal Monies to
be received for ſuch Dividend might go and be paid to ſuch Child or Children of
her by James King, as ſhould happen to be living at the Death of the Survivor
of them, in Caſe there ſhould be any ſuch Iflue; and in ſuch Manner as was di-
rected by the Articles; or that his Lordſhip would make ſuch other Order, as
to him would ſeem meet.
And on the 21 Jan. 1742, this Petition came on to be heard before his Lord-
ſhip, and was learnedly argued by Counſel on both sides : And the Cafes of ex
parte Cazalet, Holland, and Calliford, Tully and Sparks, were cited; and on
the firſt Hearing, his Lordſhip gave the Gentlemen who were Counſel for the
ſaid Ann King, further Time to ſpeak it, and in the mean Time to ſearch for
Precedents; and upon this Petition coming on again before his Lordſhip, and no
other Precedents to the Point appearing, his Lordſhip was pleaſed to be of Opi-
nion, that he could not relieve the Petitioner Ann King; and therefore he or-
dered ſuch Petition to be diſmiſſed.

Debts due to, and from, the Wife when ſingle.
Miles y Wil MILES brought a Debt againſt Huſband and Wife, upon a Bond entered
into by the Woman when fingle. The Defendants jointly plead in the Bar,
that the Plaintiff ought not to have his Action, &c. and ſay, that after the Inter-
marriage, Williams the Huſband became a Bankrupt, and a Commiſſion iſſued
againſt him, and he ſubmitted, and in all Things conformed himſelf to the Sta-
tute of the 4 Anne, and to all other Statutes relating to Bankrupts; and therefore
the aforeſaid John and Eleanor, by Virtue of the aforeſaid Statute, fay, that the
Action aforeſaid aroſe to the ſaid Miles, before the ſaid John Williams became
Bankrupt; and that they were ready to verify, and therefore they demanded Judg-
ment, if the ſaid Miles ought to maintain his Action. The Plaintiff demurred,
and thewed for Cauſe, that the Debt ariſing upon the Bond made by the Wife
ſolely, was not diſcharged by the Statute mentioned in the Defendant's Plea;
and alſo that the Plea ought to have concluded to the Country. The De-
fendants joined in Demurrer. And after ſeveral Arguments in this Caſe, Parker
Chief Juſtice, having ſtated the Record at large, delivered the Reſolution of
the Court.
The two great Queſtions which have been made in this Caſe, are theſe :
* 1. Whether this, being a Bond given by the Wife dum fola, be ſuch a Debt
as ſhall be diſcharged by the Bankruptcy of the Huſband, by Virtue of the
Statute of 4 Anne, Cap. 17. mentioned in the Plea ?
2. Whether the Defendants have well concluded their Plea or not; it being
to the Judgement of the Court and not the Country?
As to the firſt we are all of Opinion that it is a Debt within the Act.
The Words of the Clauſe upon which it depends, are, That the Bankrupt
ſhall be diſcharged from all Debts by him due and owing, at the Time he became
Bankrupt; and then in Caſe he be ſued for any ſuch Debt, the Act directs, that
he ſhall, and may plead in general, that the Cauſe of Action did accrue before he
became a Bankrupt.
Upon theſe Words the immediate Queſtion is, whether this was a Debt due,
and owing by the Huſband, at the Time he became Bankrupt?
It was faid, and (I think) admitted at the Bar, That a Debt due by the Wife,
and one due to the Wife, dum ſola, muſt fall under the ſame Conſideration.
- This is very reaſonable, and therefore I have conſidered how far a Debt due
to the Wife would be within this Act, to be aſſigned by the Commiſſioners of
Bankruptcy. And in order to underſtand this, it is neceſſary to go back to the
former Acts.
And thoſe of 13 Eliz. Cap. 7. and 1 fac. I. Cap. 15, give the Commiſſioners
Power over the Bankrupt’s Body, Lands, &c. and to aſſign all Debts due, or to be
due,


$. 7:
1
OF B A N K R U PTC Y.
565
due, to and for the Benefit of the Bankrupt, and the ſame to be recovered in the
Name of the Aſſignees.
Now I take the Intention of theſe Laws to have been, that the Bankrupt hav-
ing been guilty of a Fraud ſhould not be truſted any more with the Management
of his Eſtate, &c. So that upon this Intention, all thoſe Effects and Debts,
which he could take in, or turn into Money, the Aſſignees were deſigned to have
in as full a Manner, either by Action or otherwiſe, and that in their own
Names.
The beſt Rule of conſtruing Acts of Parliament, is by the Common Law,
and by the Courſe which that obſerved in like Caſes of its own, before the Act.
Thus it is in the Statute de Donis, which enacts, that Tenant in Tail non
habeat poteſtatem alienandi Tenementa, to prevent their coming to the Iflue; and
that a Fine levied by him, ipſo jure fit nullus. Now,
The Effects of this Statute being a Diſability to alien to the Prejudice of
others, therefore the Law ranks the Perſon incapacitated thereby, with Biſhops,
and other Eccleſiaſtical Perſons, and with Huſbands, who were by the Common
Law diſabled to alien to the Prejudice of their Succeſſors and Wives.
And, therefore, though the Words be, that the Tenant in Tail ſhall not have
Power to alien, and that his Fine ſhall be void, yet it has been conſtrued, that
a Fine by Tenant in Tail is not merely void, but makes a Diſcontinuance, thereby
putting the Iſſue to his Formedon; and that other Alienations either put the
Iſſue to his Action, or allow of his Entry, juſt as the Law ſtood before in Re-
lation to Biſhops, &c.
At Common Law it is a general Rule, that no body can have an Aktion but a
Creditor, or, if he be dead, his Repreſentative : But there are two Caſes wherein
this Rule fails, viz. in the Caſe of Forfeiture, and of an Aſſignment to the King.
For though a Choſe in A&tion cannot be aſſigned to a common Perſon, yet it may
to a King. And in both theſe Caſes, the King, or his Grantee or Aflignee, may
fue for theſe Duties in their own Name, 21 Hen. VII. 19. Though generally
the Grantee ſued in the King's Name; but that was only in order to take Advan-
tage of the King's Prerogative.
Now let us ſee, how far the Wife's Debts were liable in theſe Caſes.
In the Caſe of Forfeiture, as by Outlawry, &c. the Debts of the Wife were
always extended and ſeized.
In the Caſe of Affignment of Debts to the King, Hob. 2. 253. is an Authority in
Point; and that notwithſtanding the 7 Jac. I. Cap. 15. which makes Aſſignment
of Debts void, other than ſuch as grew due originally to the King's Debtor bona
fide. For the Purpoſe of that Law was, that no Debtor of the King ſhould pro-
cure another Man's Debt to be aſſigned, which was the common Practice. But
this, ſays the Book, is his own Debt, though not to his own Uſe, which he may
himſelf releaſe and diſcharge, and by the ſame Reaſon may affign. This proves
two Things.
Firſt, That the Huſband might allign theſe Debts by the common Law.
Secondly, That he was not reſtrained from doing it, by the Statute, becauſe
they were the Huſband's own Debts.
This Reaſon concludes to the Caſe at Bar.
Firſt, As it is the Huſband's own Debt within the Words of the Act.
Secondly, That as the Huſband might afſign it, ergo, ſo might the Commiſ-
ſioners.
Beſides, it is to no Manner of Purpoſe, and can ſerve no good End, to ſay, that
fuch Debts are not affignable: For if they ſhould be left in the Huſband, as ſoon
as ever he recovers them, the Commiſſioners muſt have the Money, and apply
it to the Uſe of the Creditors.
But in Order to confine the Senſe of the Words, Debts due and owing to him;
it has been objected,
Firſt, That the Statute does not extend to Debts due to a Bankrupt, as Exe-
Refponf. This is true; but it is for this particular Reaſon, becauſe they are
appropriated to pay the Debts of the Teſtator : And if they were afligned, it
would be a Wrong, viz. a Devaſtavit.
Secondly,
cutor.
7 E
566
OF B A N KRUPTCY.
Secondly, It has been objected, that the Statute does not extend to Debts due
to the Bankrupt jointly with another.
Reſp. The Cafe cited for that Purpoſe from 1 Lev. 17. is not determined; ſuch
Debt might be aſſigned to the King by any one of the Creditors; and ſo it is
adjudged, Mich. 19 Hen. VI. And it would be forfeited by the Outlawry of one.
Cap.15. S. 30 However, that Caſe is not before us. Thus far is plain, that a Debt due from
him and another would be within this Act of 4 Anne, for it is ſo declared by the
declaratory Act of 10 Anne, which provides at the ſame Time, that the Diſcharge
of the Bankrupt ſhall not extend to diſcharge the other joint Debtor.
But this of a Huſband and Wife is a different Caſe ; for it is his Debt, as he
is one with her.
But it is contended, that the Bankruptcy ought not to give the Huſband a
better Right in his Wife's Debt, and bar her of her Contingency by Survivor-
ſhip.
Reſp. It does not give him a better Right; for his Releaſe for a Conſideration
to himſelf alone would have barred her of the Contingency; and this is a Rela-
tion in Law, and amounts to the ſame Thing.
Beſides, that is anſwered by the Fiction of Law whereby the Statute of
1 Jac. Cap. 15. and this Statute has made it as a Debt, and new Security to the
Allignees. Suppoſe a Bond was made to A. in Truſt for B. who becomes a Bank-
rupt, the Aſſignees may bring the Action in their own Name, though B. muſt
have brought it in the Name of his Truſtee.
Objected. The Huſband muſt join with his Wife in this Action, but the Al-
ſignees cannot do it.
This is anſwered as before, and by the Caſes of Forfeiture and Aſſigment to
the King. But to put another Caſe :
Suppoſe a Bill of Exchange be made to the Wife, dum fola, the Huſband may
aſſign it, and the Affignee Thall bring the Action in his own Name.
This Reaſoning holds ſtronger, in the Caſe of Debts due from the Wife;
for,
Firſt
, Certainly it is the Huſband's Debt, and the A&ion muſt be brought in
the Debit and Detinet. It is admitted to be the Huſband's Debt after Judgement;
and it were hard to ſay, that a Judgement of Law charges a Man with a Debt,
who was not chargeable with it, when that Judgement was given againſt him.
Secondly, If the Intent of that Act be conſidered, and the Queſtion aſked,
Cui bono? it will appear ſtill ſtronger. The Perſons concerned in this Matter, are,
Firſt, The Bankrupt; Secondly, the Creditors ; Thirdly, the Wife.
As to the Bankrupt, if an Action be brought againſt him on ſuch Bond, what
Execution can the plaintiff have ? If he takes a Fieri Facias, or Elegit, as ſoon
as he finds Goods or Lands, the Commiſſioners ought to ſeize them; this would
be wholly ineffectual ; and if he takes a Capias, it will only ſerve to lay the Bank-
rupt up in Priſon, when all his Eſtate wherewith he ſhould make Satisfaction,
and deliver himſelf, is taken out of his Power. And that is the Reaſon of his
being diſcharged, viz. becauſe his Ability to pay is entirely taken from him.
And this diſtinguiſhes it from the Caſe of an Executor, and Thews that he
ought not to be diſcharged as to the 'Teftator's Debts, for he retains his Ability
to pay them, by keeping the Effects which he has as Executor; and the Com-
miffioners cannot meddle with them, becauſe they are appropriated.
It was inſiſted at the Bar, that he ought to be diſcharged from all his Debts,
becauſe he is not only obliged to part with all his Eſtate, liable to pay thoſe Debts,
but all whatſoever wherewith he might pay his Debts ; as for the Purpoſe,
Copyhold Lands, which are liable to no Execution.
Secondly, As to the Creditor:
It cannot be for his Benefit that this Debt ſhould not be within the Act; for
the Bankrupt's whole Eſtate will be otherwiſe diſpoſed of, and his Action
againſt the Bankrupt can be worth nothing; but if this Debt be within the Act,
then may he come in for his Dividend.
The Conſequence of the contrary Opinion is, that you take from him every
Thing wherewith his Debts may be paid, and at the ſame Time will not let him in
Thirdly,
for a Share.
2
OF BANKRUPTCY.
567
-
ever.
Thirdly, As to the Wife :
It will be a Diſcharge to her, at leaſt a temporary one; viz. during the Huf-
band's Life. But though it be not neceſſary to give any Opinion upon that, yet
I think it will amount to a perfect Releaſe, and the Wife will be diſcharged for
But no Harm can ariſe from this, for the Creditor is ſuppoſed to have had his
Dividend, and the Debt is paid in Conſideration of Law.
A Caſe may poſſibly be put, where a Woman being in Debt may make over
all her Effects in Truſt, and then marry a Bankrupt, and by that diſcharge all her
Debts, and yet preſerve her Eſtate; but that would be a fraudulent Conveyance;
as againſt Creditors, quoad as much of the Eſtate as would ſatisfy their Debts,
and for that they might have Remedy.
It was objected, that this Diſcharge is a perſonal Privilege, and not commu-
nicable to the Wife.
Reſp. It is a neceſſary Conſequence that it muſt extend to her, becauſe every
Thing in the Huſband's Power is aflignable, and all her Eſtate is in his Power.
If the
Huſband be poleſed in a Term for Years in Right of his Wife, it may be fold on
a Fi. Fa. and yet it is not actually transferred to the Huſband by Intermarriage.
i Inſt. 46. b.
For theſe Reaſons, we are all of Opinion, that this is the Huſband's Debt, within
the Meaning of the Statute.
As to the ſecond Queſtion, viz. whether the Plea be good or not? We are
likewiſe all of Opinion, that it is ill, not to conclude to the Country.
A Liberty of Pleading generally is given to the Bankrupt, and ſo he may
avoid
the Hazard of pleading ſpecially; but then he muſt take upon him the Proof of
his Conformity to the Statute in every Particular : Or if he thinks fit to plead the
Matter ſpecially, then he muſt ſet forth every Point; and by it he has every
Ad-
vantage againſt the Plaintiff, that he muſt reply one Particular only, upon which
Iflue muſt be taken. Here the Defendant has pleaded the Matter ſpecially, but
not ſet forth the Whole, and therefore it is ill for that Reaſon; for by the ex-
preſs Words of the Act, this is to be pleaded, ſo as that the whole merits may
be tried.
There are ſeveral Caſes at common Law, where a Man ſhall conclude his Plea
to the Country, though there be no Affirmative and Negative, to prevent the In-
convenience that would ariſe by going on to a Replication, as in 33 H. VI. 21.
to a Fine, quod Partes finis nihil habuerunt; & de hoc ponit fe fupra Patriam.
So in Dower, nunqui fie fie de Dower, & de hoc, &c.
And the Reaſon of this is, for that it would be inconvenient to go on to a Re-
plication, becauſe to reply generally would leave it too large and comprehenſive,
and to reply any particular Kind of Eſtate, would be too narrow, and conſe-
quently immaterial.
This Statute has found a new general Iſſue in this Caſe; and this was the Foun-
dation of Judgement in Bird and Lacy's Caſe, Mich. 6 Anne, C. B. Rot. 321.
that a Plea upon this Act was well concluded to the Country, and if ſo, it cannot
conclude to the Court.
It may be obſerved on the Statute of Sewers (23 Hen. Cap 5.) that by theſe
Words of that Act, a general Replication is expreſſly given, to avoid the Forcing
the Plaintiff to a ſingle Point; and ſo the Miſchief which would be in this Cafe
is prevented; thus it muſt have been in this Act, if it had not been the Inten-
tion of it to make the Plea a general Iſſue.
For this Fault in the Plea, which is Thewn for Cauſe of Demurrer, and which
would put a Difficulty upon the Plaintiff, not intended by the Statute, Judgement
muſt be given for the Plaintiff.
A Feme fole is a Mortgagee in Fee for 800l. and marries a Tradeſman, who be- Bolwill
. v.
coming a Bankrupt, a Commiſſion of Bankruptcy is taken out againſt him, and Brander.
the Commiſſioners aſſign over all his Eſtate, real and perſonal; afterwards the
458. Cafe
Huſband dies, and the Writings relating to this Mortgage being in the Aſſignees 13., at the
Hands, the Widow of the Bankrupt brings a Bill in Equity againſt the Aſſignees,
for
theſe Writings, and to have the Benefit of the Mortgage.
This Cauſe came on to be heard, and, for its Difficulty, was ordered to be
ſpoke
i Peer Will.
.
Rolls.
568
OF BANKRUPTCY.
ſpoke to again, when his Honour delivered his Opinion ſolemnly for the Plaintiff,
the Wife.
But afterwards, being diſſatisfied with that Opinion, he ordered the Decree
to be ſtayed, and to be attended again by Counſel.
Whereupon his Honour gave his Opinion, that if there had been any Articles
before the Marriage, purporting, that this Mortgage Money ſhould continue in
the Wife, as her Proviſion, or ſhould be aſſigned in Truſt for her, there would
have been a ſpecifick Lien upon the Mortgage, and have preſerved it from the
Bankruptcy.
Alſo it might have been a Matter of different Conſideration, if the Aſſignees
had been Plaintiffs in Equity and deſired the Aid thereof, to ſtrip an unfortunate
Widow of all that ſhe had in the World, towards the doing of which, Equity
would hardly have lent any Aſſiſtance; becauſe the Affignees claiming under the
Bankrupt Huſband, could be in no better Plight than the Huſband would have
been ; and if the Huſband had in Equity ſued for the Money, or elſe prayed
that the Mortgage might be forecloſed, Equity (probably) would not have com-
pelled the Mortgager to have paid the Money to the Huſband, without his mak-
ing fome Proviſion for his Wife, by an Application to the Court againſt the Huf-
band, and the Mortgager might have prevented the Payment of the Money to
the Huſband, unleſs ſome Proviſion were made for her.
But in the preſent Caſe, the Widow was Plaintiff againſt the Aſſignees, ſo that
ſhe, 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 Choſe in Action, was well aſiigned by the Comınić-
ſioners to the Aſſignees, and veſted in them, like the Caſe of Miles and Williams
(laſt cited) where a Bond made to a Wife (dum ſola) was adjudged to be liable
to the Huſband's Bankruptcy, and aflignable by the Commiſſioners.
Wherefore if the Right of the Debt was veſted in the Aſſignees (as plainly it
was) though the legal Eſtate of the Inheritance of the Lands in Mortgage con-
tinued in the Wife; yet this was not material, it being no more than a Truſt for
the Aflignees, like the common Caſe 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 Eſtate by Deſcent, yet he is but a Truſtee for the Execu-
tor, for the Truſt of the Mortgage muſt follow the Property of the Debt, elſe
the Mortgager would be in a very hard Cafe, liable to be ſued by the Aſſignees
of the Commiſſioners upon the Covenant; and alſo in an Ejectment by the Wife
of the Mortgagee; whereas the latter Suit would be enjoined in Equity.
Then it was inſiſted, that here were Articles entered into before the Marriage
of the Bankrupt and his Wife, by which the Huſband covenanted to ſettle the
Wife, in the Manor of Date, or to leave her 1oool, within three Months after
his Death.
But in this Agreement it appeared, that the Huſband had his Election all his
Life-time, and that if the Wife had brought her Bill in Equity againſt the Huf-
band, ſhe could not have compelled him to do the one or other ; neither could
ſhe, upon ſuch Bill, or otherwiſe, have compelled him to give any farther or
better Security for the Payment of this roool, becauſe ſhe had that Security which
ſhe at firſt agreed to take, and the Court could not better it againſt her own
Agreement.
But upon another Point, viz. as to 200l. Part of the Wife’s Portion, on a Note
given by the Huſband at his Marriage, ſignifying his Conſent that the Wife
Ihould have this 200l, the Court held the ſame was ſpecifically bound thereby;
ſo that with Reſpect to this only, the plaintiff was relieved, and the Bill, as to
the Reſt, diſmiſſed.
Of the Rights which are inveſted in the Bankrupt's Children by Virtue of Marriage
Settlements, and Truſtees for ſupporting contingent Remainders.
IF F a Man before Marriage with his Wife makes a Settlement, or enters into
Articles with Truſtees to make ſuch Settlement upon his Wife, and conveys,
or agrees to convey, ſuch Eſtate to Truſtees, to the Uſe of himſelf or his Aligns,
for
OF BANKRUPTCY.
569
1
See the ſubſen
for the Term of his Life, without Impeachment of Waſte; and, after the Deter-
mination of that Eſtate, to the Uſe and Behoof of A. B. and C. D. and their
Heirs during the Life of the Huſband, upon Truſt, to preſerve the contingent
Ufes and Eſtate therein after limited, from being barred, deſtroyed, or prevented;
and for that Purpoſe to make Entries and bring Actions as Occaſion ſhall re-
quire; but, nevertheleſs, to permit and ſuffer the Huſband and his Aſſigns, during
his Life, to receive and take the Rents, Iſſues, and Profits of the ſame Premiſſes
to his and their own Uſes ; and from and after the Deceaſe of the Huſband, to
the Uſe of the Wife for Life; and afterwards to the Uſe of the firſt and
other Sons of their Bodies, according to Priority, and their Heirs Male; and for
Default of ſuch Iffue, to the Daughters and their Heirs equally ; with proper
Proviſions for raiſing Portions for Daughters and younger Children, as is uſual in
Marriage Settlements; though the Remainder in Fee is limited to the Bankrupt,
for Want of Iſſue Male or Female ; yet if ſuch Perſon becomes a Bankrupt, and
has a Wife and Children, or Children and no Wife, though this is an entailed
Eſtate, yet it is not ſuch an Eſtate as he can lawfully or equitably bar by a Fine
or common Recovery, and conſequently he will be only Tenant for Life, and
his Wife will enjoy the Jointure, and his Children his Eſtate after his Death;
and the Creditors cannot defeat ſuch Eſtate.
But if he dies without Children, and becomes a Bankrupt, and there are no
Remainders over, but the Remainder in Fee is in him, Query, whether a Court
of Equity would not, after confirming his Wife's Jointure, direct and enable the
Truſtees, in Conjunction with him, to bar the Eſtate Tail, for the Benefit of his
Creditors: But there have been Inſtances where Truſtees have joined with the
Huſband, and defeated the legal Eſtate by a Recovery ; but Acts of this Kind
have been always looked upon as the higheſt Breaches of Truſt; and if a Pur-
chaſer was to buy the Eſtate, or a Mortgagee to lend any Money upon it, with
Notice of the Truſt, he would be unſafe in ſo doing. And as this is a Matter quent Caſe of
of great Conſequence to Families, I ſhall for that reaſon cite the following Caſes. Baffet v.
It was declared by the Lord Keeper Harcourt, that where there were Truſtees per George.
appointed by Will to preſerve contingent Remainders, and they before the: Peer wiù.
Birth of a Son, joined in a Conveyance to deſtroy the Remainders, this was a 638.
plain Breach of Truſt
, and any perſon taking under ſuch Conveyance, if volun- Mich. 1710.
tarily, or having Notice, ſhould be liable to the ſame Truſts.
And though it was objected, that this had been only obiter, ſaid in Equity,
and that there never was any Precedent of a Decree in ſuch a Caſe:
Lord Keeper ſaid, it was ſo very plain and reaſonable, that if there was no
Precedent in this Caſe, he would make one.
But this was the principal Caſe, which was, that there was a Son born before
the Conveyance by the Truſtees, and the Eſtate being in Mortgage, the Son came
into Equity after the Tenant for Life, to redeem.
Agreeably to what was thus declared by Lord Harcourt, it has been ſince ex-
preſily decreed by Lord Chancellor King, aſſiſted by Lord Raymond and Chief
Baron Reynolds, in the Caſe of Manfell vers. Manfell
, December 1732 (hereafter
mentioned) which was the Caſe of a voluntary Settlement, and where the Court
unanimouſly delivered it as their opinion, that nothing in common Juſtice, Senſe,
and Reaſon, could be a plainer Breach of Truſt, than that thoſe who were
appointed Truſtees, to the Intent to preſerve the Eſtate to the firſt Son (and for
that Purpoſe only) ſhould directly, contrary to their Truſt, join in the Deſtruc-
tion of the Settlement.
But where there is Tenant for Life, Remainder to the firſt Son, &c. and no
Truſtees to preſerve contingent Remainders, in ſuch Caſe if Tenant for Life by
Fine or Feoffment deſtroys the Remainders, there being no Truſtee, there can
be, confequently, no Breach of Truſt; and this being the Law, Chancery will
not interpoſe.
But then as this was a Hardſhip at Law, to prevent which the Method of ap-
pointing Truſtees was invented, ſo it is reaſonable that the Truſtees, when
they let in this Hardſhip by violating the Truſt repoſed in them, ſhould them-
ſelves be liable for the faine; but if the Conveyance be voluntary, or if there be
Notice of the Truſt, ſuch Truſt ſhall follow the Land.
One

7 F
670
OF BANKRUPTCY.
Trin. Term.
358.
got, vide
One after Marriage makes a voluntary Settlement of his Lands to himſelf for
17122. Bafet Life, Remainder to Truſtees to ſupport contingent Remainders, Remainder to
1 Peer Will. his firſt, &c. Son in Tail ſucceſſively, Remainder to himſelf in Fee; and con-
tracting Debts, he after makes a Conveyance of his Eftate to other Truſtees, for
Payment of theſe Debts.
The Creditors bring a Bill, and (ent' al) inſiſt, that the Truſtees for preſerving
contingent Remainders ſhould join in the Sale to deſtroy the contingent Remain-
ders : And this came on by Conſent before Sir Joſeph Jekyl, who took Time to
Tifpenv, Pig-confider of it, ailedging, that though in the Caſe of Sir Thomas Tippin, where
Truſtees had joined in cutting off Remainders created by a voluntary Settlement;
poftea.
the Court, on a Bill brought by a remote Relation, had refuſed to punish them,
as diſtinguiſhing betwixt a voluntary Settlement, and one made on a valuable
Confideration ; yet he had not known a Precedent where the Court ever decreed
the Truſtees to join in deſtroying the contingent Remainders ; this being the
Reverſe of the Purpoſe for which they were at firſt inſtituted.
But this Cauſe coming on in Auguſt 1717, and a Precedent being ſhewn where
fuch a Decree was pronounced, his Honour decreed, that the Truſtees ſhould
join to deſtroy the contingent Remainders, and be indemnified, it being at the
Suit of the Creditors, and for raiſing of Money for Payment of Debts.
Note, Sir Thomas Tippin's Caſe was, where, upon a Marriage, Settlement was
made by a third Perſon to the Ufe of the Huſband for ninety Years, Remainder to
Truſtees, during the Life of the Huſband, to ſupport contingent Remainders; Re-
mainder to the Wife for Life, Remainder to the firſt, &c. Son of the Marriage,
Remainder to the Heirs of the Body of the Huſband, Remainder to the Right Heirs
of the Huſband : There was no iſſue of the Marriage, and the Remainder in Fee
being contingent, in Regard the Limitation to the Huſband was for Years only,
and the Eſtate nat moving from the Huſband (for if it had, the Remainder li-
mited to the right Heirs of the Huſband, would have been the old Reverfion) the
Truſtees joined to deſtroy this contingent Remainder.
And on this Caſe being cited, it was ſaid by the Maſter of the Rolls, that if a
Son had been afterwards born, it would have been a Breach of Truſt, but this
Remainder to the right Heirs of the Huſband, being a remote Limitation, and
not within the Confideration of the Settlement, and voluntary, Equity would not
puniſh it as a Breach of Truſt.
This Cauſe came on, upon an Appeal to my Lord Chancellor King, from the
Decree of the Maſter of the Rolls.
Manſell v. Edward Vaughan feiſed in Fee in 1683, deviſed Lands to his Siſter Dorothy,
Manfell. afterwards the Plaintiff's Mother, for Life, Remainder to Truſtees to preſerve
contingent Remainders, Remainder to the Uſe of her firſt, and other Sons in Tail
Male, Remainder to the Uſe of his Couſin Edward Manfell in Fee, and charges
the Eſtate with a Debt of 12001. and dies.
The Plaintiff's Mother intermarried with Sir Edward Manfell, and in 1685, they,
with the Remainder-man in Fee, join in a Feoffment, with a Covenant to levy
a Fine to Truſtees to the Uſe of the Plaintiff's Father in Fee; and this is expreſſed
to be the Intent that the Fee ſimple might be veſted in him, for the raiſing of
Money for the Payment of the Debts of Edward Vaughan the Teſtator (whoſe
Inheritance it was) by demiſing, 'felling, or mortgaging the Eſtate, or any Part
thereof, and for other good Caufes and Confiderations;
a Fine is levied accord-
at the grand Setlions in Caermarthenſhire, where the Lands lay. About a
Year after, the Truſtees to preſerve contingent Remainders, reciting the Will,
Feoffment, and Fine, convey the whole Eſtate by Leaſe and Releaſe to the Plain-
tiffs Father in Fee, Dorothy being then with Child, and then the Plaintiff is
born; after the Father makes the Plaintiff Tenant for Life, &c. and dies.
The Plaintiff brought his Bill to have the Benefit of Mr. Vaugban's Will, and
inſiſted on the Breach of Truſt; and that the Parties who claim under the Fine
and Feoffment, being Parties to the Breach of Truſt, ought not to take Ad-
vantage of it.
The Defendant in his Anſwer infifted on the Fine and Feoffment.
The Maſter of the Rolls decreed for the Plaintiff for ſo much as was not alie-
nated bona fide ; and this Decree was confirmed in Mich, Vacation, 6 Geo. II. by


Irin. Term,
1732,

ingly at t
1
Lord
OF B A N K Ř U P T C Y.
571
Lord Chancellor King, aſſiſted by Lord Chief Juſtice Raymond, and Lord Chief
Baron Reynolds, as before mentioned.
A Man had deviſed Lands, which were in Mortgage to be ſold, and the Surplus At the Rolls,
of the Money to be paid to his Daughter ; the Daughter married a Man who Mich. 1698.
ſoon after became a Bankrupt, and the Commiſſioners aſſigned this Intereſt of the
Dykes.
Wife's. The Huſband died, and the Aſſignees brought this Bill againſt the Wife
and Truſtees, to have the Land fold, and the Surplus of the Money paid to
them. But the Court would not aſſiſt in ſtripping the Wife (who was wholly
unprovided for) of this Intereſt, but diſmiſſed the Bill.
Parker a

BY
S. 1.
Of Poffibilities.
Y this Statute it is enacted, that the Bankrupt is to diſcover to the Commiſ- 5 Geo. II.
ſioners upon Oath, ſuch Eſtate and Effects as he may have any Profit, or
Poffibility of Profit, Benefit, or Advantage whatſoever by.
And a Poſſibility is defined to be ſuch an uncertain Thing as may or may not 1 Peer Wille
happen; but it muſt be ſuch a Right, according to the Caſe of Higden and 382.
Williamſon, as a Perſon inay lawfully depart withal, and of which, by ſome Deed
or Writing, he may have a Poſſibility one Time or another to enjoy.
But if a Bankrupt has Relations, who may poſſibly provideor not provide for him,
as they ſhall think fit; this uncertain Poſſibility is no Part of the Bankrupt's Eſtate,
and if he obtains his Certificate, will not paſs to his Creditors ; becauſe he had
it not in his Power to part with his Relation's Fortune, nor could he tell what his
Will or Intention might be, or whether he would give him any Thing or no.
William Davidſon having deviſed a Legacy of 6ool. to his Son, payable at Hil. Term,
twenty-one, for which he had obtained a Decree, and 6371. reported due ; before 2013
v
he received the Money he became a Bankrupt, and the Commiſſioners aſſigned Grout.2 Vern.
the Legacy and Benefit of the Decree.
The Bill was brought by the Aſſignees to have the Benefit of the Decree; to
which the Defendants (the Executors) demurred; inſiſting that a Legacy was
not within the Compaſs or Proviſion of any of the Acts made againſt Bankrupts,
to be affigned to the Creditors.
But the Demurrer was over-ruled ; and ſaid, that the Act of Parliament ought
to be taken in the moſt beneficial Senſe, for the Advantage of the Creditors.

Rep. 432.
T
tle.
2 Vern.
Of Intereſts which have been determined not to center in the Bankrupt.
"HE Defendant, upon Marriage of his Son, ſettles Lands upon himſelf for Mich. 169o.
Life, Remainder to his Son for Life, &c. and covenants, during his own Moyfes v. Lita
Life, to pay his Son 15!. per Ann. The Son becomes a Bankrupt; the Plaintiff, Rep. 1940
as an Affignee, brings the Bill againft the Defendant (the Father) to have the
Benefit of this Agreement, and to compel Payment of the 15l. per Ann.
Per Curiam: An Alignee, under a Statute of Bankrupt, is not entitled to
have the Performance of an Agreement made with the Bankrupt; and that it was
ſo adjudged in the Caſe of Drake and the Mayor of Exeter. And therefore dif-
mifféd the Bill.
Coates, poffefſed of a Leaſe of Years, contracted with the Committee of the
Company for a new Leaſe, and paid part of the Fine ; and, by Coates's Conſent,
a new Leafe was made to Moffe by the Company, and to him executed. Coates
was at the Time of Treaty a Bankrupt. The Queſtion was, whether the Com-
millioners could affign the Leafe to the Prejudice of Mole, and Drake's Cafe was
cited.
The Lord Keeper ordered that the Plea and Demurter be ouſted, and the Bene-
fit thereof faved till the Hearing; he doubted of the Leaſe: There were other
Matters for the Benefit of Moffe alfo in the Plea.

Of
572
OF BANKRUPTCY.
E
30, S. 22.
19 Geo. II.
Of the Creditors, who are fucb; and therein of proving their Debts, and how
Notice of their Meeting is to be given; and of Debts due to tbe Crown.
VERY one to whom the Bankrupt is indebted, either on Bonds and Notes,
or by Book-Debts or ſimple Contracts, by Recognizances, Statute Staple,
or Judgements, Specialities with Penalties, Attachments, and Securities where
no Execution is ſued out, is a Creditor, and has a Right to a Share in the Bank-
rupt's Eſtate.
5 Geo. II. C. Creditors on Bonds or Notes, by Book-Debts or ſimple Contract, are equally
entitled to a Dividend under a Commiſſion of Bankruptcy, with Creditors by
Judgment, Statute, &c. and Creditors that have Debts due to them payable at
a future Day, may petition, or join in petitioning, for a Commiſſion.
But Creditors upon contingent or uncertain Debts, or upon Bottomry Bonds,
could not come in as Creditors, or prove their Debts, till ſuch Contingency hap-
pened, before paſſing the ſubſequent Act, viz.
And as Merchants and other Traders frequently lend Money on Bottomree, or at
Reſpondentia, and cauſe their Veſſels with their Cargoes to be inſured ; and where
Commiſſions of Bankruptcy have iſſued againſt the Obligor, or the Aſſurer, &c.
before the Loſs of the Ship or Goods have happened, it hath been made a Queſtion
whether the Obligee, or the Aſſured, ſhould be let in to prove their Debts, or be
admitted to have any Benefit under ſuch Commiſſion, which may be a Diſcourage-
ment to Trade: For Remedy whereof, it is enacted, that from the 29th of Oétober,
1746, the Obligee in any Bottomree or Reſpondentia Bond, and the Affured in any
Policy of Inſurance made bona fide upon a valuable Conſideration, ſhall be admitted
to claim; and after the Loſs or Contingency, to prove the Debt thereon, in like
Manner as if the ſame had happened before the Illuing of the Commiſſion of Bank-
ruptcy; and ſhall receive a proportionable Dividend with the other Creditors of the
Bankrupt’s Eſtate; and after the ſaid 29th of O&tober, every Bankrupt ſhall be dif-
charged from the Debt on ſuch Bond and Policy of Inſurances as aforeſaid, and ſhall
have the Benefit of all the Statutes againſt Bankrupts, in like Manner as if ſuch
Loſs or Contingency had happened, and the Money due thereon had become
payable before the Time of the Iſſuing of ſuch Commiſſion.
1 Jac. c. 15.
Creditors may come in within four Months after iſſuing the Commiſſion,
and until a Dividend be made, and ſhall be at Liberty prove their Debts under
the Commiſſion, without paying any Contribution or Sum of Money whatſoever,
for or on Account of ſuch Debt.
Bacon's Abr. S
Creditors upon what Securities ſoever they be, come in equal, unleſs ſuch
258. as have obtained actual Execution, or taken Pledges for their juſt Debts before
the Bankruptcy.
7 Vin. abr. A Creditor, though he hath Security, may come in and prove his Debt, be-
pl. 8. cauſe poſſibly his Security may prove deficient, and every Creditor is to ſwear,
whether he has a Security, or not; and if he has a Security, and inſiſts upon
proving his Debt, he muſt deliver up the Security for the Benefit of the Cre-
ditors at large, under the Commiſion, unleſs it be a joint Security from the Bank-
rupt and another Perſon, for then he may come in for his whole Debt under
the Commiſſion, without being compelled to deliver up ſuch joint Security,
as he is intitled to get in what he can from the Co-Security.
Where a Creditor proves a Debt under the Commiſſion, and alſo
Law for the Recovery thereof, and detains the Bankrupt in Cuſtody on the
Action; his only Relief is to petition the Chancellor, that the Creditor or
Plaintiff may make his Election, either to abide by the Commiſſion, or to pro-
ceed in his Action; whereupon he will be ordered to make ſuch Election within
a limited Time, uſually about a Week; and whichever Remedy the Creditor
chuſes, he will be at liberty to aſſent to or diffent from the Certificate : but if
the Election be to proceed at Law, the Creditor muſt wave all Dividends un-
der the Commiſſion. See Greene's Spirit of the Bankrupt Laws,


S. 4•
proceeds at
5
If
OF BANKRUPTCY.
573
If a Man trade with a Bankrupt between the Act of Bankruptcy and the 7 Vin. Abr.
Commiſſion ſued out, whether by Delivery of Goods, or Payment of Money; 9 pl. 6.
without Notice of the Act of Bankruptcy, the Bankrupt keeping open Trade,
fuch Perſon ſhall come in as a Creditor for ſuch Goods or Money.
Special Cafes of Debts that may be provided under the Commiſſion.
to . Repa
the Value of an Annuitant's Life, and that ſhe be admitted a Creditor for 489.
ſuch Valuation, and the Arrears of the Annuity, and not for the whole Purchaſe
Money.
Apprentice. Lord Chancellors, King, Talbot, and Hardwicke, ordered an
Apprentice, whoſe Maſter became Bankrupt, to be admitted as a Creditor un-
der the Commiſſion, on Account of the Apprentice Fee received by the Maſter,
only for the remaining Sum thereof, after deducting for the Time he lived
with the Bankrupt.
Bail. If A. is Bail for B. either to bring his Body, or to pay the Condem-
nation Money, and B. becomes Bankrupt, he may come in as a Creditor.
If the Bail be liable, that is, if he has juſtified himſelf as ſuch, before his
Principal becornes Bankrupt, though he be not fixed till after, yet it ſeems
he is well entitled to make his Claim forth with, and to prove, as ſoon 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
Commiſſion, but with Caution.
Relations. Debts of near Relations to the Bankrupt, eſpecially Securities, as
Bonds, Bills, &c. are generally looked upon with a jealous Eye by the other
Creditors, therefore great Care ſhould be taken by the Commiſſioners to be fa-
tisfied of the Validity of the Demand. And ſuch Creditors ſhould take every
Precaution to eſtablish the Validity by proper Vouchers, if called upon.
Green's Spirit of Bankrupt Laws.
Servants. The Commiſſioners generally recommend to the Aſignees to pay
the Whole of the Wages of menial Servants, but where the Wages of Clerks,
and other ſuperior Servants are very large, and the Arrears long, they ſhould
prove their Debts, and come in as common Creditors. Ibid.
One ſeized of Lands in Fee, owes a Debt by Statute, and afterwards becomes Sir George
a Bankrupt, and the Creditor, by Statute, extends the Lands, then a Commif- Rowlard, E
al. againſt
fion of Bankruptcy is ſued out; and whether the Lands ſhould be liable to the
Statute Creditor, was the Queſtion.
This was referred by Lord Chancellor to the Judges of the Common Pleas, who Term, 17063
held that a Creditor by Statute, and a Statute not ſued, and executed before the
Bankruptcy, ſhould come in only pro rata, though there were Lands in Fee
bound by the Statute.
In February 1716, the Defendant Fletcher, being ſeized in Fee of ſome Lands in Mich. 1921.
Bedfordſhire, borrowed 1500l. of the Plaintiff Orlebar (one of the Maſters in Orlebar a
Chancery.) On a Judgment afterwards, viz. Auguſt 20, 1717, the Defendant the Duke of
Fletcher articled with the other Defendant, the Duke of Kent, to ſell the Premiſes Kent.
to the Duke in conſideration of goool. to be paid down, and 650l. to be paid at, Peer Will.
Chriſtmas then next; the Duke to be let into Poſſeſſion at Michaelmas; ſubſe-
quent to which Tranſactions, the Defendant Fletcher becoming a Bankrupt, the
Plaintiff, Mr. Orlebar, brought his Bill againſt the Duke of Kent, Fletcher the
Bankrupt, and the Aſſignees under the Commiſſion, praying that the 650l. re-
maining in the Duke's Hands might be paid to the Plaintiff towards Satisfaction
of his Judgment.
In the principal Cafe the Court ſaid that the Duke could not be deemed a Pur-
chaſer until he had paid the 6501. which remaining in the Duke's Hands, was
Part of the perſonal Eſtate of the Bankrupt, and muſt be liable to his Creditors.
Wherefore
i Peer Will.
92. Eaſter
737 Caſe.

212.

7 G
574
OF B A N KRUPTCY.
wicke.
2 Peer Will.
Will. 407
1727, L. C.
Francis Vena.
Edw. Najh,
.
Wherefore, per Curiam, let the Aſſignees convey the Premiſes in Fee to the
Duke of Kent, in the ſame Manner as the Bankrupt had articled to do, they ſtand-
ing in his Place; and in Conſideration of this, let his Grace pay the 6501. to the
Atſignees, for the Benefit of the Creditors; and as to the Plaintiff Mr. Or-
lebar, the Judgment Creditor, he muſt come in for a Proportion only with the
Reſt of them.
Ex parte Rof
A. drawsa Bill payable to B.onC. in Holland for 1001.C. accepts it; afterwards
A. and C. become Bankrupts, and B. receives 401. of the Bill out of C's Effects,
after which he would come in as a Creditor for the whole 100l. out of A's Effects.
89. Hil. T.
1728, Lord B. permitted to come in as a Creditor for 60l. and the Maſter directed to ſee whe-
Macclesfield. ther the other 40l. was paid out of A.'s Effects in C's Hands, or out of C.'s own
Effects; if the latter, then C. is a Creditor for this 401. alſo, but if out of A.'s
Effects, then the 401. of the rool. is paid off.
Ex parte Le A. gives a Promiſſory Note for 2001. payable to B. or Order; B. endorſes it to
febure 2 Peer
C. who indor ſes it to D. A. B. and C. becomes Bankrupts, and D. receives five
Eafter Term, Shillings in the Pound, on a Dividend made by the Allignees againſt A. D. Ihall
King
come in as Creditor for 1501. only out of B’s Effects, and if D. paid Contribution
Money for more than 150l. it ſhall be returned.
Francis Venaker, Eſq.(Son and Heir, and alſo Executor of Nicholas Venaker, his
ker, Eſq. v.
Father) Plaintiff, ſued the Commiſſioners and Aflignees of a Statute of Bankruptcy
Eſq.& al. againſt one Shelbury, to be let in to pay his Contribution Money, and to have a
Finch's Reps proportionable Benefit of the Bankrupt’s Eſtate with the Reſt of the Creditors.
Hil. 1672.
The Caſe was, that Shelbury, who was a Scrivener, and Agent for the Plaintiff's
25 Car. II. Father, had got ſeveral thouſand Pounds of the Father's Money in his Hands, for
which he had only Shelbury's fingle Bond, on ſome of which he got Judgementand
Execution on Shelbury's Goods, which were appraiſed, and Part thereof came to the
Father's Poffeffion in his Life-time, or to his Bailiff after his Death, and were ſold
by them. That a Commiſſion of Bankruptcy was ſued out againſt the ſaid Shelbury
by the Defendants, who pretend that Shelbury had committed an Act of Bank-
ruptcy before the Father had obtained any Judgment againſt him.
That Leefon and Naſh had brought ſeveral Actions againſt the now Plaintiff and
his Truſtees, in three of which Actions they were non-ſuited ; that in another Ac-
tion he had obtained a Verdict for 920l. fince which the Plaintiff, before any Ar-
ſignment of the Bankrupt's Eftate, hath offered to pay his Contribution Money,be-
ing a Creditor for above 6oool. The Commiſſioners inſiſt that they found Shelbury
a Bankrupt before the Father's Judgment, and the Aflignees ſay that they have re-
covered againſt the Plaintiff 531. Damages, in an Action of Trover, for Shelbury's
Goods in his Hands, &c. But now the Council for the Plaintiff offering that he
ſhould ſtand in his Father's Stead, and be accountable for all that the Father had
received of the Bankrupt’s Eſtate, and that he ſhould pay a reaſonable Proportion
of Contribution Money, ſo that he might be let into the Statute, which offers
the Court decreed ſhould be accepted, and he admitted a Creditor accordingly.
Elſworth &
The Plaintiffs lived in Glouceſterſhire, where alſo one Blithe lived, who owed
al. a John
them Money, and having committed ſome Acts of Bankruptcy, he afterwards
Finch's Rep.
came to an Account with the Plaintiffs, and ſold them ſeveral Parcels of Goods
316. Mich. in Satisfaction of their Debts.
1677. 29 The Defendants lived in London, to whom alſo the faid Blithe was indebted;
and they having employed a Perſon to diſcover his Eſtate in the Country, and how
it had been diſpoſed of, and to procure the ſame to be diſtributed equally amongſt
all his Creditors; it was at laſt agreed amongit them, that the plaintiff ſhould
wave the Diſpoſal of the Goods to them already made by the ſaid Blithe, and that
they ſhould have an equal Diſtribution with the Defendants, in Proportion to
their reſpective Debts; and for that Purpoſe, that a Commiſſion of Bankruptcy
ſhould be taken out at London, and executed there, and all the ſaid Debts put in
Hotchpot.
Accordingly a Commiſſion was executed at London, but without giving Notice
thereof to the Plaintiffs, or any Commiſſioners ſent into the Country, to join
with the others therein, in Order to a perfect Diſcovery of the ſaid Blithe's Eftate,
as agreed on.



Kent cal.
Car. II,
And
1
OF BANKRUPTC Y.
575
before Lord
And afterwards the Defendants prevailed with the Commiflioners in London,
within a Month after the Execution of the Commiſſion, to make an Aſſignment
and Dividend of the ſaid Bankrupt’s Eſtate, contrary to the ſaid Agreement: in-
tending thereby to exclude the Plaintiffs; and now refuſe to let them come in for
their Shares, though they have offered to pay their Contribution Money, and
Proportion of the Charges of the Commiſſion; but have brought Actions of Tro-
ver for the Goods to ſold and delivered by the ſaid Blithe.
To be relieved againſt which Actions, the Plaintiffs have brought this Bill; and
that the ſaid Agreement might be performed, and the Dividend made amongſt the
Defendants be ſet aſide, 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 the
faid Agreements, yet ſuch Relief was decreed, as the Plaintiffs had prayed.
An Action was brought by the Plaintiff (an Affignee under the Commiſſion of Mich. 7. Geo's
Bankruptcy) againſt the Commiffioners of Land Tax. In this caſe, one Far II
. Braley a
low was a Collector of the Land Tax, and had collected a great deal of Money for
Dawſon, K.B.
the publick Uſe, and on July 7, 1731, abſconded and became a Bankrupt; and Raymond.
on the 16th of the ſame Month and Year, the Commiſſioners brought their War-
rant, and ſeiſed his Goods, &c. after a Commiſſion was taken out, and Aſſignees
appointed. This Caſe was tried before Lord Raymond, and Verdict given for the
Plaintiff, ſubject to the Opinion of this Court.
Serjeant D. The only Queſtion in this caſe is, whether the Act of Bankruptcy
ſo took away the Property of the Goods before Aflignment, as to make them
ceaſe to be his ?
C. y. If an Extent be iſſued out, nay, only one teſted, before the Goods, &c.
are aſſigned, that Extent will be good.
D. This is a Prerogative Caſe, but this is in the Caſe of a private Perſon. In
C. B. in London, 3 Geo. II. Andrews and Sir Matthew Decker's Caſe was tried at
Nifi Prius, before Chief Juſtice Eyre, and the Action was brought againſt Sir
Matthew for a falſe Return to a Fieri Facias, viz. nulla bona. It appeared on Evi-
dence, that Goods of the Defendant were in the Houſe at the Time of the Return,
but that the Party whoſe Goods were to be taken, became a Bankrupt before the
Writ was delivered to the Defendant, and that a Commiſſion was iſſued againſt
him, but his Goods were not aſſigned over by the Commiſſioners. Here the
Commiſſion was held to be a ſufficient Proof of his being a Bankrupt.
Serjeant E. This Caſe concerns the Crown, and therefore the Property is not al-
tered till Aflignment, and an Extent in Aid executed before the Aſſignment is
good ; ſo in 3 Keb. 14. The Crown is not bound by Statutes relating to Bank-
rupts; ſo Sir William Jones 203. An Extent and a Warrant from the Commiſ-
fioners of the Land Tax, alters only the Manner of collecting the Money of the
Crown. By the Statute of 3 Geo. II. fol. 25. if any Collector refuſes to pay the
Money which he has collected, any Commiſſioner may commit him, and feiſe
his Eſtate; and this is a new Law, and ſhall control all the former Reſolutions.
3 Lev. 69. 191. S. C.
D. This Cafe does not concern the Crown; for by the Statute 3 Geo. II. fol.
18. it appears that the Seizure of the Collector's Eftate is for the Benefit of the
Pariſh, which is anſwerable for the Money at all Events; therefore the Pariſh is
to return to the Commiſſioners ſubſtantial Men to be Collectors and Affeffors,
and the Money collected comes not to the Crown till it is paid into the Hands of
the Receiver.
C. y. In this Caſe are two Queſtions, the firſt is, whether, if this be the Caſe of
a private Perſon, what Effect an Act of Bankruptcy has on the Goods; in that Caſe,
before an Aſſignment ? In the Caſe of a private Perſon, there is no actual veſting
the Bankrupt's Eſtate before Aſſignment, becauſe the Commiſſioners have only a
Power of Diſpoſal; but after Aflignment they veſt to many Purpoſes by Relation
from the Time of the Bankruptcy, as to avoid the A&ts done by the Bankrupt him-
felf; and therefore I thnk if a Judgment be given againſt one before a Bankruptcy,
and the Execution be completely executed by Sale of the Goods and Payment of
the Money over before the
Alignment, that the Execution will be good. But here



I
in
576
OF BANKRUPTCY.
Tanner.
13W. III.
Holt at N, P.
2 Cro. Rep.
I 27.
in a Caſe of a private Perſon the Execution would not be completed, for the Goods
were not diſpoſed of by the Officer before the Aſſignment; and then I think this
Commiſſion will over-reach it. So the Queſtion is, whether this is a Prerogative
Caſe? And it ſeems to me that it is; for though the Money when levied is to be
applied to the public Uſe, yet it is always conſidered as Money of the Crown;
therefore it is always recovered by the Prerogative Power ; and I think it hard to
imagine that the ſuinmary Remedy given to the Commiſſioners by the Statute of
3 Geo. II. Tould put the Crown in a worſe Caſe than it was before ; and if an
Ēxtent in this caſe had been ſued out, the Goods would have been bound even
from the Teſt of it; and there could be no Relation.
The Queſtion here is, whether this Warrant can have the ſame Effect as an Ex-
tent would have had ? As to the Pariſh being liable, that makes not leſs the Mo-
ney of the Crown than before, for that is only giving the Crown a double Secu-
rity for the Money. And in the Caſe of Box and Norton, it was held that an Ex-
tent and Execution, after Aſſignment, would be good. The other Judges ſaid
little to it. See Salkeld 111. contrary to Andrew's Caſe cited by Darnall, and per
Curiam. It was ordered to ſtand over.
i Vern. 267. A. ſells Land to B. who afterwards becomes a Bankrupt, Part of the Purchaſe
Clicb.mehedMoney not being paid. A. Thall not be bound to come in as a Creditor under the
Statute, but the Land ſhall ſtand charged with the Money unpaid, though no
Agreement for that Purpoſe.
Eaſter Term. If there be an Act of Bankruptcy committed, and a Creditor obtains a Judge
ment ſubſequent to it, the Judgment is hereby avoided.
A. and B.were Sureties for C. for the Payment of ſome Money, and had Counter-
Bonds to ſave them harmleſs; the Money was not paid at the Day, and the Sure-
Oſtern & al.
a Cburchman.
ties paid it, and afterwards C. became Bankrupt; the Queſtion was, whether
they were Creditors within the Statute, and it was reſolved that they were ; and
ſo it has been determined in ſeveral ſubſequent Caſes.
No Commiſſion of Bankruptcy can remove or carry away any Goods belonging
to a Bankrupt, till all the Rent due to a Landlord is paid, although there be feve-
ral Years in Arrears, provided the Landlord ſeizes for Rent, before the Goods are
removed; but if the Landlord does not ſeize before the Commiſſion takes the
Goods off the Premiſes, he muſt then come in as a Creditor with the Reſt of the
Bankrupt's Creditors.
Alſo if there are not ſufficient Goods upon the Premiſes to pay the Landlord's
Rent, he can only take what Goods there are, and after they are appraiſed and fold,
as the Law in Caſes of Diſtreſs for Rent directs, then the Landlord may come in
as a Creditor for the Rent remaining due, with the Reſt of the Creditors.
All Debts due to the Crown are preferable, and to be paid before any others,
except where an Eſtate or Intereſt is incumbered, conveyed, or conſigned, prior to
ſuch Debts due to the Crown; and in the Caſe of a Landlord, where a Year's Rent
is to be retained before an Extent can take place.
And in the Caſe of a Commiſſion of Bankruptcy, if an Extent is taken out the
ſame Day and executed with the Commiſſion, the Extent ſhall take Place, and carry
away the Effects before the Commiſſion; and according to the Caſe of Braſley and
Dawſon (hereafter mentioned) an Extent ſhall take place from the Teſt of the Writ,
though not executed till fome Days after a Commiſſion of Bankruptcy; and not-
withſtanding an immediate Aflignment has been made of the Eſtate and Effects.
But if an Aflignment is made before the Execution, or the Teſt of the Extent,
ſuch Aſſignment takes place before the Crown, and the Crown can then only come
in as a Creditor, pari paſu, with the Reſt of the Bankrupt’s Creditors; which the
following Caſes will make appear.
Monk a Clay- Mr. Sollicitor prayed the King's Proceſs might take place againſt the Allignee of
tonu 3, Keb. 14. Commiflioners, the Defendant being a Bankrupt; which by the Court cannot be
Eafter
unleſs Seizure be made and returned by Inqueſt before the Aflignment; alſo this
Moul. Rep. being not an immediate Debt, but in Aid of Receivers, who were jointly bound
93. pl. 1.
with Monk, the Court refuſed to deliver Money, till an Inqueit be returned of this
particular Debt, though Clayton himſelf was Sheriff, and would return none;
and an Adjornator till Notice to the King's Attorney.
Mr.



Car. 11.
OF BANKRUPTCY.
577
Gar. II.
Mr. Attorney Finch prayed, that Money of the Plaintiff's, being a Bankrupt and Monk a Clay-
an immediate Debtor to the King by Returns of Money from the Commiſſioners of ton. Mich, 24.
the Exciſe (which in Truth was from one Thiſtlewait a Collector) might not be
delivered out of the Court to the Aſſignees of the Commiſſioners. On Norwich’s
Caſe, 4 Car. I. in the Exchequer, that the King in ſuch Caſe ſhall be firſt 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 Aſſignees, and that the King may by Scire
Facias againſt them recover it.
!
C. B. 270.
Č. B, 2720
Special Cafes of Debts that cannot be proved under the Commiſſion.
DER
EBTS payable upon a Contingency, which may poſſibly never happen 3 Will. Rep.
,
cannot be proved.
7 Geo.I C.31.
One having only a Cauſe of Action cannot come in and prove it as a Debt.
Creditor, during Bankruptcy, having a Verdict with Damages and Coſts, in 3 Will. Rep.
Affault and Battery, before Bankruptcy, but not Judgment till after Certificate;
cannot, in the Opinion of the Court of C. B. come in under the Commiſſion;
ſuch demand not being a proveable Debt, becauſe not due at Time of Bank-
ruptcy.
Reſolved, that the Acceptor of a Bill of Exchange, drawn on him by Bank- Ibid. 13.530
rupts, who promiſed to indemnify him, before their Bankruptcy, could not,
on his being ſued and charged in Execution, come in as a Creditor under the
Commiſſion ; becauſe no Debt was due or owing from the Bankrupts to the
Acceptor, until he was charged in Execution ; and his Body being in Priſon
upon Judgment and Execution for a certain Sum, was held by the Court of
Common Pleas to be the fame Thing as if the Acceptor had paid the Debt and
Coſts due on the Bill, and then, and not before, the Bankrupts became indebted
to the Acceptor, which was after the Bankruptcy.
If A. has a Bond of indemnity from B. and the Condition be broken, and Ibid. 279.
afterwards B. becomes Bankrupt before A. has been ſued or damnified, though
A. had a good Cauſe of Action againſt B. before the Act of Bankruptcy; yet
as A. had not been damnified by paying any certain Sum of Money, by Reaſon
of B's breach of the Condition, A. cannot poſſibly ſwear to any Debt due and
owing from B. at the Time of the Act of Bankruptcy.
Leffor cannot prove a Penalty incurred by his Leſſee for ploughing up Mea-
dow Ground, as a Debt under a Commiſſion of Bankruptcy.
Obligee cannot prove Penalty in an Obligation forfeited for Breach of Cove-
nant by Obligor before he became Bankrupt, as a Debt under the Commiſſion.
Aſſignor cannot prove Damages ariſing from a Breach of a collateral, inde-
pendent, expreſs Covenant by the Aflignee of a Leaſe to indemnify the Aſſignor,
as a Debt under the Commiſſion.
One guilty of Uſury cannot come in to prove his Debt as a bona fide Creditor 2 Vez. 489
under the Commiſſion, for the whole Debt is void.
The Commiſſioners ſhall forthwith after they have declared the Perſon a Bank-
rupt, caufe Notice thereof to be given in the Gazette, and ſhall appoint Time and 30. S. 26.
Place for the Creditors to meet (which Meeting for the City of London, and all
Places within the Bills of Mortality, ſhall be at Guildhall) in Order to chuſe Aflig-
nees; at which Meeting the Commiſſioners ſhall admit the Proof of any Creditor's
Debt that ſhall live remote from the Place of ſuch Meeting, by Affidavit or fo-
lemn Affirmation, and permit any Perſon duly authoriſed by Letter of Attorney
(Oath or Affirmation being made of the Execution thereof, either by an Affidavit
ſworn, or Affirmation made before a Maſter in Chancery, ordinary or extraordi-
nary, or before the Commiſſioners viva voce; and in Caſe of the Creditor's reſid-
ing in Foreign Parts, ſuch Affidavits or Affirmations to be made before a Magiſ-
trate where the Party ſhall be reſiding, and ſhall, together with ſuch Creditor's
Letters of Attorney, be atteſted by a Notary Publick) to vote in the Choice of
Affignees, in the Place of ſuch Creditor.
Tr. Atk. Rep.
125.
5 Geo. II. C.
7 H
An
578
OF BANKRUPTCY.
An Oath of a Creditor for proving bis Debt before the Commiffioners
Y
O U ſhall ſwear that C. D. late of, &c. at the Time of his becoming a
Bankrupt was juſtly and bona fide indebted to you in the Sum of, &c. and
• that you have not ſince that Time been any Ways paid or ſatisfied for the ſame
or any Part thereof.'
Note, every Man is to ſubſcribe his Debt, and the Commiſſioners are to en-
quire whether the Debts were contracted during the Trade.
Lutw. 85.
219 135
215
28 Car. II.
B.R.
Where Copartners are Bankrupts, having joint and ſeparate Eſtates and Creditors.
Beerworth a
F two Partners, Brewers, the one becomes Bankrupt, and the whole Debt was
2 Show. Rep. Moiety, becauſe only one Moiety paſt by Alignment.
103. Eaſter
Term.32Car. If there are Accounts between two Merchants, and one of them becomes Bank-
Il. Nelſon.
rupt, the Courſe is not to make the other, who perhaps, upon ſtating the Accounts,
is found indebted to the Bankrupt, to pay the whole that was originally intruſted
Gibſon. to him, and to put him for the Recovery of what the Bankrupt owes him into
Peer NorthC. the ſame Condition with the Reſt of the Creditors, but to make him pay that only
J. i Mod. Rep.
which appears due to the Bankrupt on the Foot of the Account, otherwiſe it will
Trin. Term, be for Accounts betwixt them, after the Time of the other's becoming Bankrupt,
if any ſuch were.
At Niſi Prius, If there be ſeveral joint Partners, and a Perſon has Dealings generally with one
C: Holt13. of them in Matters concerning their joint Trade, whereby a Debt becoines due to
in B. R. 446. the ſaid Perſon it ſall charge them jointly, and the Survivors of them : But if in
Caſe the Perſon had rather deal with one of them upon his own ſeparate Account,
he muſt make his Agreement ſpecially; in which Caſe the Debt ihall be only his
and his Executors, and ſhall not ſurvive.
If one or more of the joint Traders become Bankrupt, his or their Proportions
only are aſſignable by the Commiſſioners, to be held in common with the Reſt who
were not Bankrupts.
If there be an Act of Bankruptcy committed, and a Creditor obtains Judgment
ſubſequent to it, then a Commiſſion is taken out; now the Judgement is thereby
avoided.
If there be ſeveral 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,
whereof three are Bankrupts, and their Shares aſſigned, and a Payment is made
to him that was no Bankrupt, it is a Payment to all the Aſſignees, for now they
are all Partners.
A. and B. became Partners in ſome Iron Mills, and ſome time after A. alledged
that B. had not brought in his Proportion of the Stock, and had waſted the joint
Zeim Fader Stock, for which he brought a Bill againſt him to be relieved, and the Matter by
Term, 1691
Conſent was referred, and the Referree awarded that B. ſhould (in Conſideration
of the above Allegations being proved) deliver to A. what remained of the Joint-
Stock, and the Leaſe of the Iron-Mills to be by him enjoyed to his own Uſe, and
general Releaſes to be 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 Bond, had an Aflignment
made to him by the Commiſſioners, and brought a Bill to have an Account of B's
Eſtate that came to the Hands of A. and alledged if any ſuch Award was made,
it was after ſuch Time as B. became a Bankrupt; but there appearing no Fraud
in the obtaining of the Award, and the ſame being in an Adverſary Cauſe, and
the Award afterwards excepted to, &c. although B. might be then a Bankrupt,
yet not being known ſo to be at the Time of the Award, the Court decreed ſuch
Award ought to ſtand. Quere, if the Decree upon a Rehearing was not re-
verſed ?
Whitacre a
Pawlin.
A. B.
OF BANKRUPTCY.
579
Crowder.
Ex parte
King:
A. B. and C. were Partners in Trade, and C. embezzles the Joint-Stock, con- Richardſon a
tracts private Debts, and becomes a Bankrupt: The Commiſſioners aflign the Goodwin, &c.
Goods in Partnerſhip, and A. the Plaintiff brought a Bill for an Account, and to Trin
. Term,
have the Goods ſold to the beſt Advantage, and inſiſted that out of the Produce 1693;
of them, the Debts owing by the Joint Trade ought firſt to be paid, and that out of Goſs and
of C.'s Share, Satisfaction muſt be made for what he had waſted; and that the Dufreſnay
Aſſignees could be in no better a Caſe than the Bankrupt, and were entitled only poſt.
to what this third Part would amount unto, clear, after Debts paid, and Deduc-
tions for his Embezzlement. And the Court ſeemed to be of that Opinion; but
fent it to a Maſter to take the Account and ſtate the Caſe.
A. and B. being joint Traders, a Commiſſion of Bankruptcy iſſued againſt them;
their ſeparate Creditors applied by Petition, that they might be let in for their
Debts upon the reſpective ſeparate Eſtates of the Bankrupts under that joint Com-
miſſion, as the ſeparate Eſtates were of ſmall Value, and would not bear the
Charge of taking out two new Commiſſions againſt them reſpectively.
The Lord Chancellor ordered them to be let in to prove their ſeparate Debts, Ex parte
upon the joint Commiſſion, they paying Contribution to the Charge of it; and
2 Vern. 706.
directed, that as the joint or Partnerſhip Eſtate was firſt to be applied to pay the Mich. Term,
Partnerſhip Debts; and as ſeparate Creditors are not to be let in upon the joint 1715.
Eſtate, until all the joint Debts are firſt paid ; fo likewiſe the Creditors to the
Partnerſhip ſhall not come in for any Deficiency of the joint Eſtate, upon the
ſeparate Eſtate, until the ſeparate Debts are firſt paid.
Two joint Traders becoming Bankrupts, there is firſt a joint Commiſſion taken
out, and the Commiſſioners aſſign the real or perſonal Eſtate of them both, or Cook. 2 Peer
either of them; and afterwards ſeparate Commiſſions are taken out againſt them, Mich. Term,
and an Aſſignment is made by the Commiſſioners of theſe Commiſſions to other 1728. L. C.
Aflignees, and theſe apply by Petition to the Court, that they might be at Liberty
to ſue at Law for the ſeparate Eſtates ; but the Lord Chancellor decreed, that
the Aflignment made by the Commiſſioners upon the joint Commiſſion, paſſes as
well the ſeparate as the joint Eſtate of the two Bankrupt Partners, therefore the
Atſignees on the ſeparate Commiſſions can make nothing of their Action at Law,
and he would not ſuffer them to ſpend the Eſtate in vexatious Suits there, but if
they would join in a Bill in Equity for an Account of the ſeparate Eſtates, he
would not hinder them.
It is ſettled, and is a Reſolution of Convenience, that the joint Creditors ſhall be 2 Vern. 7. 6.
firſt paid out of the Partnerſhip or joint Eſtate, and the ſeparate Creditors out of Ex parte
the ſeparate Eſtate of each Partner; and if any Surplus of the joint Eſtate, beſides
what will pay the joint Creditors, ſhall be applied to pay the ſeparate Creditors; before.
and if a Surplus of the ſeparate Eſtate, beyond what will ſatisfy the ſeparate Cre-
ditors, it ſhall go to ſupply any Deficiency that may remain as to the joint Credi-
tors: but for the Eaſe of both Parties, let it be referred to a Commiſſioner in each
Commiſſion, to take an Account of the whole Partnerſhip Effects, and the ſeparate
Eſtate and Effects of each of the Partners; and if the Commiſſioners find any Thing
difficult, they are to ſtate it ſpecially; and with Regard to the Surplus of the Part-
nerſhip Effects, beyond what will pay the Partnerſhip Debts, and the Surplus of
the ſeparate Effects, if any, above what will pay the ſeparate Debts, each Side
to apply to the Court for ſuch Surpluſſes.
If there are two joint Traders and one of them becomes a Bankrupt, the Com- Holt. Rep. 2.
miſſioners cannot meddle with the Intereſt of the other, for it is not affected by
Eaſter, 7 W.
the Bankruptcy of his Companion.
The Defendant A. being indebted to the Plaintiffs, became bound to them in per Holt.C.);
ſeveral Bonds; and the ſaid A. and the Defendant B. were for ſeveral Years Co-
partners, hy whoſe Articles of Copartnerſhip A. was entitled to two Thirds of the Craven & al.
and Knight.
whole Stock, and B. to one Third : The ſaid A. and B. became Bankrupts, and
a Commiſſion was awarded againſt them ; the Commiſſioners of the ſaid Bank- Eafter Term,
rupts affigned all their Eſtate to the Defendant C. and others, refuſing to let the 25 Car. II.
Plaintiffs (Creditors of the Bankrupts) come in, and intend to divide the Eſtate
among the joint Creditors of both the Bankrupts, by Reaſon whereof the Plaintiffs
Debts will be utterly loſt.
The

Crowder, as
mentioned
Sal.
59. 61.
III.
Widdowis and
Berman.
Chan. Rep.
580
OF BANKRUPTCY.
1
The Defendant inſiſts, that it was agreed by Indentures of Copartnerſhip,
that all
, ſuch Debts as ſhould be owing on the joint Account, ſhould be paid out
of the joint Stock, and at the End of the Partnerſhip, each Copartner take and
receive to his own Uſe his Share of the joint Stock; and that the joint Stock or
Trade ſhould not be charged with the private or particular Debts of either of the
Partners, but that each ſhould pay their private Debts out of their particular
Eſtates not included in the joint ſtock; that if both of the ſaid Parties ſhould be
living at the End of the firſt three Years, of the ſix Years, that the ſaid B. ſhould
come in joint Partner accordingly; and during the ſaid joint Trade, the Copart-
ners became jointly indebted to the other Defendants C. &c. in 6oool. and that A.
became indebted to the Plaintiffs as aforeſaid, without the Conſent of B. and the
Money due upon the ſaid Bonds was not brought into the Account of the joint
Stock; and the ſaid A. was only a Surety, and received none of the Money; and
the Defendant inſiſted that the joint Creditors ought firſt to be paid out of the
Eſtate in Partnerſhip, and that the Commifîioners have no Power to grant the
joint Eſtate to pay the Plaintiffs, they being ſeparate Creditors of A. and if a Sur-
plus of the joint Éſtate, after the joint Creditors paid, then the Plaintiffs can have
but a joint Moiety of ſuch Surplus towards their Satisfaction, the ſaid B’s Moiety
not being liable to pay the ſaid A. his ſeparate Debts; and the Debts then claim-
ing were the proper Debts of the ſaid A. and yet after all the joint Debts are
paid, there will be an Overplus, ſo that thereby the ſaid B. will be diſcharged
and have Money paid unto him; but if the Plaintiff and other ſeparate Creditors
of A.'s be admitted to the joint Eſtate, there will not be ſufficient to pay the joint
Creditors, ſo that thereby not only B.'s Eſtate will be applied to pay A.'s Debts,
but will be liable to the joint Creditors. But there can be no Diviſion of the joint
Eſtate, whereby to charge any Part thereof with the private Debts of either Party;
and till the joint Debts are paid, and till Diviſion inade of the Surplus, both
Parties are alike intereſted in every Part of the ſaid joint Stock; that the Commiſ-
fioners have no Power by the Commiſſion to adminiſter an Oath to the Plaintiffs
for Proof of their Debts, they claiming Debts from the ſaid A. only, and the Com-
miſſion is againſt A. and B. jointly, and not ſeverally; and therefore cannot ad-
mit the Plaintiffs Creditors.
The Court declared, that the Eſtate belonging to the joint Trade, as alſo the
Debts due from the ſame, ought to be divided into Moieties, and that each
Moiety of the Eſtate ought to be charged in the firſt place with a Moiety of the
ſaid joint Debts; and if there be enough to pay all the Debts belonging to the joint
Trade, with an Overplus, then ſuch Overplus ought to be applied to pay the
particular Debts of each Partner ; but if ſufficient Thall not appear to pay all the
joint Debts, and if either of the ſaid Partners ſhall pay more than a Moiety of the
ſaid joint Debts, then ſuch Partner is to come in before the ſaid Commiſſioners,
and be admitted as a Creditor for what he ſhall fo pay over and above the Moiety;
and was decreed accordingly.
28 March,
Four Bookſellers entered into Partnerſhip for carrying on a joint Trade, and be-
ing then all in Holland, according to the Cuſtom of the Country, appeared before
Peter Gols a Notary, and executed Articles of Copartnerthip, declaring jointly and ſeparately,
and John
that each had advanced 24600 Guilders, Total 98400 Guilders, which Sum was
all the Debts they had then contracted, as mentioned in an Inventory;
Sami Daftel- but no Debts ſhould be paid not mentioned in the ſaid Inventory, nor any Debts
Complain- which either of the Copartners might contract on his own private Account; that
a Sum agreed on between them ſhould be allowed for Maintenance; and that all
Loſs and Gains 1hould be equally ſhared and borne, with other uſual Covenants.
The Copartnerſhip 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 releaſed
his Claim to the other three, between whom the Articles were continued and
carried on, on the firſt Foot, and one of them was intruſted with the Goods in
Shop and Warehouſe.
But he became profuſe, and embezzled the copartnerſhip Stock, and applied the
fame to his own Ufe, and ſuffered the partnerſhip Debts to be unpaid; and hav-
ing contracted private Debts on his own Account, became a Bankrupt, and a
ſeparate Commiflion was taken out againſt him.
The
1734
Neaulme
Plaintiffs.
to pay
ants.

OF BANKRUPTCY.
581
Decree.
The Meſſenger took Poffeffion of the Partnerſhip Goods, and the Commiffioners
executed an Atlignment to the Defendants, who in Conſequence thereof took
Poſſeflion of the Partnerſhip Goods and Books, and received ſeveral of the Partner-
fhip Debts, and were getting in the Reſt, with an Intention to apply them to the
Payment of the ſeparate Creditors, whereas the Goods are copartnerſhip Goods,
and ought to be applied to the copartnerſhip Debts, and to make the Plaintiffs
Satisfaction for what the Bankrupt had embezzled for his own ſeparate Uſe, and
the Reſidue to be divided into equal Parts, two Thirds to the Plaintiffs, and one
Third to the Bankrupt, to which he is entitled, and is to be Part of his ſeparate
Eſtate ; this was the Prayer of the Plaintiffs Bill, as that the Defendants
may
be reſtrained from ſelling any Part without the Plaintiffs Concurrence.
The Allignees admit the Bill, and the Articles, that they have taken Poffefſion
and fold ſome of the Stock without Conſent of the plaintiffs, and have ſet
forth an Account in the Schedule to their Anſwer, of the Stock, and ſubmit
to apply the Eſtate as the Court ſhall direct; and his Lordſhip was pleaſed to
decree as follows:
1. That it ſhould be referred to Mr. Lightbourn to take an Account of the Lord Talbot's
partnerſhip Debts received by the Plaintiffs in Holland.
2. To take an Account of the partnerſhip Eſtate in England, received by the
Aſſignees, or any for their Uſe.
3. To take an Account of the partnerſhip Debts owing by the Bankrupt and
the Plaintiffs.
4. To cauſe an Advertiſement 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
copartnerſhip Eſtate; and in taking Accounts, Plaintiffs and Defendants to be
examined on Oath, to produce all Books, &c. and to have all juſt Allowances,
6. That what the Maſter ſhall certify the copartnerſhip Debts ſhall amount to,
ſhall, in the firſt Place, be paid by the Plaintiffs and Defendants to the joint
Creditors in Proportion to their Debts, as far as the copartnerſhip Eſtate in
their Hands will extend.
7. That if it ſhall appear any of the partnerſhip Eſtate remains in the Plaintiffs
and Defendants Hands, after the partnerſhip Debts are paid, then the Maſter to
divide the fame into three Parts.
8. And the Plaintiffs are to take two thirds, and out of the Bankrupt's one
third Part, they are to take what it ſhall appear he has embezzled of the partner-
fhip Eftate.
9. And if there ſhall be any Reſidue of the Bankrupt's third Part, after the
partnerſhip Debts, and the Bankrupt's Embezzlements are ſatisfied, then the
fame is to be paid to or retained by the Aflignees for the Benefit of the Bank-
rupt's feparate Creditors.
10. The Maſter may ſtate any Thing ſpecially; and all Parties are to be paid
their Coſts of this Suit out of the copartnerſhip Eſtate, to be taxed by the Maſter.
On the 11th of September, 1742, a joint Commiſſion iſſued againſt Peter Dec. 23,
Powell and Peter Powell the Younger, of Exeter, and the Commiſſioners exe- 1742, Lord
cuted an Aſſignment of the Eſtate and Effects to the Aſſignees that were choſen, Order.
and they, by Virtue of the ſaid Aſſignment, poſſeſſed themſelves of all the joint
and ſeparate Eſtate of the Bankrupts.
And the ſaid Bankrupts, having ſeveral ſeparate Creditors, they the ſaid Cre-
ditors, in a Petition to the Lord Chancellor, ſet forth their faid ſeveral ſeparate
Debts, and that they had applied to the Commiſſioners to be admitted Creditors,
which they refuſed, as this was a joint Commiſſion, and they therefore prayed,
that they inight come in and prove their Debts under the ſaid joint Commiſſion,
and that the Commiſſioners might take joint and ſeparate Accounts of the joint
and ſeparate Eſtates; and that what ſhould be found on ſuch Accounts to belong
to the ſeparate Eſtates, might be applied by the Affignees towards Satisfaction
of the reſpective ſeparate Creditors; and that the Petitioners might be paid
their Coſts of the Application by the Affignees.
Upon which Petition, his Lordhip ordered as follows:
71

1. Let
582
OF BANKRUPTCY.
2 Feb. 1742
1. Let the Commiſſioners give Notice in the London Gazette, appointing à
Time and Place, when and where the ſeparate Creditors of each of the Bankrupts
are to be at Liberty to prove thofe Debts under the joint Commiſſion.
2. Let the Commiſfioners take ſeparate Accounts of the joint and reſpective
ſeparate Eſtate of the Bankrupts, come to the Aſſignees Hands, or of
any
others by their Order, or for their Uſe, diſtinguiſhing the joint and ſeparate
Eſtate of Peter Powell, as alſo the joint and ſeparate Eſtate of Peter Powell the
younger, from each other.
3. That what on ſuch Account ſhall belong to the Bankrupt's joint Eſtate,
ſhall be employed by the Aſſignees towards Satisfaction of the joint Creditors;
and in Caſe there ſhall be any Surplus of the joint Eſtate, after all the joint
Creditors ſhall be paid their whole Demands, then the Moiety of the Surplus
is to be carried to the Account of the ſeparate Eſtate, and to be applied to ſatisfy
the ſeparate Creditors reſpectively.
4. And if there is any Surplus of the ſeparate Eſtates, after all the ſeparate Cre-
ditors ſhall be paid their whole Demands, then ſuch Surplus of the ſeparate
Eſtates, or either of them, is to be carried to the Account of the joint Eſtate,
and to be applied towards Satisfaction of the joint Creditors; and let the re-
fpective ſeparate Eſtates bear a proportionable Part of the Charge of ſuing out
the Commiflion, and executing it, to be appointed by the Commiſſioners; and
let the Coſts of this Application be paid the Petitioners by the Aflignees out
of the Bankrupt’s ſeparate Eſtate; and let it be referred to Mr. Bennett to tax
the Coſts, if the Parties cannot agree.
On this Day a ſeparate Commiſſion of Bankruptcy was taken out againſt Wil-
The Caſe of liam Criſpe, by William Perritt, Plaiſterer. Criſpe was a Partner with Edward
William Burnaby, Eſq. and Captain Barbett, in the Undertaking of building Ranelagh
Amphitheatre; and this Debt which amounted to 4261. or thereabouts, was
Part of a Sum of Money due to Perritt, for Plaiſterers Work done in and about
the ſaid Amphitheatre.
Criſpe petitioned the Lord Chancellor to ſuperſede the Commiſſion, inſiſting
that this was a joint Debt, and that he did not owe Perritt any Thing on his ſe-
parate
Account; on the 18th of Feb. 1742, this Petition was heard before his
Lordſhip, and on hearing Counſel on both sides, and it not then appearing to
his Lordſhip whether Criſpe was, or was not, a Bankrupt, his Lordfhip did order
the Commiſſioners to execute a proviſional Aſſignment; and did direct an Iſſue
to be tried in an Action of Trover before the Lord Chief Juſtice Willes in London,
wherein the ſaid William Criſpe was to be Plaintiff, and ſuch Aſlignee Defendant,
and in which the Point of Bankruptcy would come in Queſtion.
And on the 19th of June, 1743, the Cauſe was tried at the Sittings in London,
and by a ſpecial Jury, between the ſaid William Criſpe, Plaintiff, and William
Perritt (who was choſe Proviſional Aſſignee) Defendant.
And the iſſuing the Commiſſion, the joint Debt of Perritt, the Aſſignment,
and an Ad of Bankruptcy committed by Criſpe, was proved : And after his Lord-
ſhip had clearly and fully ſummed up the Evidence to the Jury, it appearing to
them to be a joint Debt, they were pleaſed to give a Verdict for the Plaintiff
Criſpe, with 10l. Damages, and 40s. Coſts, and did not find him Bankrupt for
this Debt. But a Point of Law ariſing, the laſt Clauſe made in the ioth Year
of Queen Anne was read, which declares, that the Diſcharge of any Bankr by
Force of any Acts relating to Bankrupts, from the Debts owing by him, at the
Time he became Bankrupt, ſhall not be conſtrued, nor was intended or meant,
to releaſe or diſcharge any other Perſon or Perſons, who was or were Partner or
Partners with the ſaid Bankrupt in Trade, at the Time he became Bankrupt,
or then ſtood jointly bound with him for the ſaid Debts, from which he was
diſcharged; but that, notwithſtanding ſuch Diſcharge, ſuch Partners or joint
Obligors with ſuch Bankrupts, ſhall be and ſtand chargeable with, and liable to
pay ſuch Debts, and to perform ſuch Contracts, as if the ſaid Bankrupt had never
been diſcharged for the ſame.
And the Caſe was drawn up, and approved of by the Lord Chief Juſtice for
the Opinion of the Court of Common Pleas.
Where



OF BANKRUPTCY.
583
Where the Queſtion was, whether a ſeparate Commiſſion can be taken out for
a joint Debt, which was learnedly ſpoke to on both Sides, but the Court came
to no Opinion.
And it came again to be argued before the Lord Chief Juſtice Willes on the Feb. 1743.
fame Queſtion; when after hearing the Reaſons offered pro and con, by the learned
Counſel, the Court gave Judgement, and the Lord Chief Juſtice delivered his
Opinion; and his Lordſhip, Mr. Juſtice Abney, and Mr. Juſtice Burnet, were all
of Opinion, from the Caſes which had been cited, and the Reaſons and Prece-
dents that had been laid before them, that the Commiſſion was regularly iſſued,
and that a joint Creditor had a Right to take out a ſeparate Commiſſion, and there-
fore made the following Rule:
William Criſpe againſt William Perritt: Ordered, that the Verdict found for 5 May 1743.
the Plaintiff be void, and that a Verdict be entered for the Defendant.
And on the 11th of May, 1744, Perritt preferred his Petition to the Lord Chan-
cellor, ſetting forth the ſeveral Steps and Proceedings, and the Determination of
the Court in this Caſe (and Criſpe having, purſuant to his Lordſhip’s Order of the
18th of Feb. 1742, depoſited rool. in the Bank, in the Name of the Accoinpt-
ant-General, to be placed to the Credit of this Matter, and in order to ſtay all
Proceedings under the Commiſſion) he therefore prayed his Lordſhip to diſcharge
his Order of the 18th of Feb. 1742, and that the Commiſſioners might be at Li-
berty to proceed in the Execution of the Commiſſion, and that the 100l. paid
into the Bank by Criſpe, might be paid to him towards the Coſts which he had been
put to, on Account of ſuing out the Commiſſion, and Proceedings at Law.
And on the 24th of May, 1744, ſuch Petition was heard before his Lordſhip,
and his Lordſhip, after hearing Counſel on both Sides, ordered that the major
Part of the Commiſſioners named in the ſaid Commiſſion ſhould be at Liberty to
proceed in the Execution thereof, and that the 100l. paid into the Bank of Eng-
land ſhould be paid to Perritt, as Part of the Bankrupt’s Eſtate and Effects.
And on the 26th of May, 1744, Criſpe was declared a Bankrupt in the Gazette.
How far the Commiſioners ſhall overreach the. Afts of a Bankrupt, from the Time
engel of the A&t of Bankruptcy committed.
iſt, S to the Bankrupt’s receiving Debts due to him from his Debtors.
2dly, As to his felling his Goods bona fide.
3dly, As to his felling and mortgaging his Lands.
4thly, As to his mortgaging or pledging his Goods.
5thly, As to his paying Debts.
And, firſt, A Bankrupt may receive his Debts after the Act of Bankruptcy, · Jac. I.
from ſuch Debtors as do not know him to be a Bankrupt, and the Payment will C. 15.
be good.
2dly, All Perſons buying Goods of a Bankrupt, not knowing him to be ſo, 2 Show. 522.
and paying for them bona fide, ſhall be received in the Equity of the Proviſo, 156. Waga
1 Jac. I. Cap. 15.
ftaffand Read,
And Contracts, where there is quid pro quo, the Bankruptcy ſhall not over-7,
Parrat a
reach.
And the Reaſon is, that if it was otherwiſe, it would be a great Prejudice to ſeems to be
Trade, inſomuch that it would not be carried on with any Safety, and the Law
though Goods
would be a Snare for the innocent, and fair Contractor, who cannot poſſibly have were bought
any Notice of the Act of Bankruptcy; as the following Abſtract clearly determines. and paid for,
The Preamble obferves, that many Perſons within the Deſcription of, and
they may be
liable to the Statutes concerning Bankrupts, frequently commit ſecret Acts of Law, though
Bankruptcy unknown to their Creditors, and other Perſons with whom they have
not in Equity.
Dealings; and after committing thereof, continue to appear publickly, and carry cited by Lord
on Buſineſs, by buying and ſelling Goods, drawing, accepting, and negociating
Bills of Exchange, and paying and receiving Money on Account thereof in the 58" 21.
uſual Way of Trade, and in the ſame open Männer as if they were ſolvent and 19 Geo
. II.
not become Bankrupt : And as the permitting ſuch ſecret Acts of Bankruptcy to
5
defeat
Where it
taken, that

recovered at
Fowel's Cafe
North. Skin.
149. 3 Lev.
P.515
584
OF BANKRUPTCY
P. 516.
2 Show. 522.
27 May,
735
defeat Payinents really made in the Caſes and Circumſtances above-mentioned,
where the Perſons receiving the ſame had no Notice of, or were privy to their
having committed any Acts of Bankruptcy, will be a Diſcouragement to Trade,
and a Prejudice to Credit in general : İt is therefore enacted, that after the 29th
of October, 1746, no real Creditor of a Bankrupt, in Reſpect to Goods ſold to, or
Bills of Exchange really drawn, negociated, or accepted by ſuch Bankrupt in
Courſe of Dealing, ſhall be liable to refund to the Aflignees of the Bankrupt's
Eſtate, any Money, which before the ſuing forth of ſuch Commiſſion was really
in the Courſe of Trade received by him of ſuch Bankrupt, before he had Know-
ledge or Notice of his becoming a Bankrupt, or being in inſolvent Circumſtances.
3dly, If a Man ſells or mortgages his Lands, the Bankruptcy will over-reach it,
although the Purchaſer had no Notice of the Bankruptcy, if the Commiſſion
iſlued within five Years after the Act of Bankruptcy, becauſe this is a Miſchief
which does not immediately concern Trade, and he who buys Land, does it at
his Peril, ſubject to all ſuch Incumbrances as Lands are liable to.
4thly, If a Man mortgages or pledges his Goods after an Act of Bankruptcy,
the Commiſſion will over-reach it, becauſe 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.
5thly, If a Bankrupt pays Debts after the Bankruptcy, the Aſignees may re-
cover again the Money, if it were otherwiſe it would be in the Power of the
Bankrupt to prefer ſuch Creditors as he thould think fit, which is contrary to
the Deſign of the Statutes concerning Bankrupts, which is to put all Creditors
upon a Footing.
A remarkable Cafe, tried under a ſecond Commiſſion of Bankruptcy.
ON
N this Day a Commiſſion of Bankruptcy iſſued againſt William Kell of Lone
don, Merchant, who was found a Bankrupt, and ſubmitted to the Statutes,
and finiſhed his laſt Examination, but never obtained his Certificate under ſuch
Commiſſion,
Afterwards he ſet up the Trade of a Diſtiller near Maidenhead in Berkſkire; and
becoming acquainted with one Aſhley, they entered into Copartnerſhip (on the
iſt of Auguſt, 1741) to carry on the Trade of diſtilling and rectifying Melaſſes
Spirits, for five years or thereabouts, and during this Copartnerſhip, Aſhley took
off all, or moſt of the Spirits which Kell diſtilled.
Afterwards ſome Diſputes ariſing between them, and Kell being Debtor to
Aſhley on a ſeparate Account (excluſive of the Copartnerſhip) Abley, on the 2d of
July, 1742, took out a ſecond Commiſſion againſt Kell
, and was choſe fole Af-
ſignee of his Eſtate and Effects; but Kell having in all Reſpects ſubmitted to the
Statutes relating to Bankrupts, Aſhley and the Reſt of Kells Creditors ſigned his
Certificate under this ſecond Commiſſion, which was duly confirmed and enrol-
led; and Aſhley ſold back to Kell ſeveral Parcels of his Houſehold Goods, and
Part of his Stock in Trade, as a Diſtiller ; for Part of which Goods Kell paid
Aſhley in Money, and for the Remainder, amounting in Value to 100l. or there-
abouts, Kell gave Aſhley a Bond for 100l. dated the 28th of Ostober, 1742, payable
with Intereſt in fix Months, at five per Cent. and Aſhley promiſed to deal with
Kell afterwards.
Then Kell again ſet up the Trade of a Diſtiller on his own Account, and Aſhley
dealt with him, and paid him for two Parcels of Spirits, after the Rate of 4s. per
Gallon to the amount of 881. 16s.
On the 4th and 28th Days of April, 1743, Kell ſent Aſhley two other Parcels
of Spirits, at the ſame Price, amounting to 1841. 45. and Kell's Bond of 1ool.
being
then due to Aſhley, and Kell being unwilling that his Bond Thould be out
againſt him, he deſired Aſhley to pay himſelf out of the Goods, for the Bond and
Intereſt due to him, and only give him the Balance for the Spirits.
But inſtead of ſo doing, Aſhley in Eaſter Term, 1743, brings an Adion againſt
Kell for the 100l. and Intereſt due on the Bond, and holds Kell to Bail; and ať
the fame Time by the Meſſenger under the Commiſſion, ſeizes the Spirits,
amounting

1
OF BANKRUPTCY.
585

amounting to 1821. 45. as Aflignee under the ſecond Commiſſion, and he inſiſted
to retain the ſame, in Truſt for himſelf and the other Creditors of Kell, under the
fecond Commiſſion, by Virtue of the ninth Clauſe of 5 Geo. II. Aſhley proceeded
in his Action, and Kell by Way of Set-off to the Debt pleaded, that before the
bringing of this Action, Apley was indebted to him in a much larger Sum,
in 1841. 45. for Goods ſold and delivered, out of which Sum Kell was willing to
allow the Principal and Intereſt due to Aſhley on his Bond; and upon this Iſſue
was joined.
Pending this Action Kell filed a Bill in Chancery againſt Aſhley, and prayed that Mich. Term.
Aſhley might diſcover, whether he had not agreed to purchaſe ſuch Goods of him, 1743.
and if ſuch Goods did not come to his Poffeffion; and to be relieved in ſeveral
other Matters complained of in ſuch Bill, and that Aſhley might be enjoined from
proceeding in ſuch Action.
To this Bill Aſhley put in his Anſwer, in which he denied the Spirits were ever
ſold to him, or that he ever promiſed to pay for them, and he inſiſted upon his
Right of retaining them as Affignee under the ſecond Commiſſion by Virtue of
the above-mentioned Clauſe, Kell's Effects under the ſecond Commiſſion not
amounting to pay fifteen Shillings in the Pound; but whether ſuch Goods were,
or were not, rightly ſeized, he was adviſed 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 Injunction, but ſent the Parties to Law, and then Aſhley proceeded in the Cauſe.
And on the 30th November, 1743, it was tried before the Lord Chief Juſtice
Lee at Guildhall.
And upon the Argument of this Cafe, it was inſiſted by the Counſel for Aſhley,
that theſe Goods were not the Property of Kell, and therefore that he could not
ſell them; but that they came to Aſhley, as Aſſignee under the ſecond Commiſſion.
That Aſhley had the Spirits, but not as a Buyer, and that by the afore-mentioned
Clauſe Kell's future Effects were liable, he not having paid fifteen Shillings in the
Pound; and confequently that the Goods belonged to the Aflignee, either under
the firſt or ſecond Commiſſion.
But by Kell's Counſel, it was inſiſted that Kell was never diſcharged by the
Act of 5 Geo. II. after 24 June, 1732, except by the laſt Commiſſion, and there-
fore poiſibly could not be within the Intent of that Act, having but once had
the Benefit of it.
That ſuppoſing Kell's future Effects had been liable to his Creditors by the
aforeſaid Clauſe, that Aſhley could noe in any Manner ſeize them as Aſſignee
under the ſecond Commiffion; and if he had a Right, he muſt have proceeded
in a legal. Way, and have brought his Action againſt Kell, and then Kell would
have pleaded his Certificate in Diſcharge of his Perſon, and let Aſhley have taken
Judgement againſt his Goods, as in the Caſe of an inſolvent Debtor; but that
this was by no Means Kell's Caſe, he not being within the Meaning of the
Clauſe of the Act, as having but once had Relief.
And his Lordſhip, after having with great Judgement ſtated the Caſe (and ſum-
med up the Evidence) to the Jury, was clearly of the fame Opinion with the
Gentlemen who were Counſel for Kell, that his Caſe was not within the Intent
and Meaning of that Clauſe, and that the taking of the Goods by Aſhley, as Al-
fignce, was illegal; and the Jury, concurring with his Lordſhip, found the Plea of
the Defendant Kell to be true, as was alledged, and therefore gave a Verdiet for him.
But the L, C. J. gave Aſhley Leave to move, if he thought proper, in Arreſt of
Judgement, within lix Days of Hilary Term then next; and Apley not moving in
Arreſt of Judgement in all Hilary Term, the L. C. J. ordered the Poſtea to be
delivered to the Defendant Kell's Attorney, who thereupon taxed the Coſts at 30l.
and took out Execution againſt Ambley for ſuch Coſts, which Aſhley paid the ſaid
Attorney.
And after Aſhley had paid Kell's Cofts, in Eaſter Term following, Aſhley
moved in Arreit of Judgement, and a Rule was made for Kell's Attorney to attend
with the Poſtea.
And the ſame Arguments were made Uſe of before the Court of King's-Bench
by the Counſel on both sides, as were at the Trial of the Cauſe; but the whole
7 K
Court


586
OF BANKRUPTCY.
Court were alſo of Opinion that the Verdict was Right, and entirely concurred
with the L. C. J. Lee in his Judgement, and therefore they diſcharged the Plain-
tiff's Rule.
And in Trinity Term, 1744, Kell brought an Action in the Court of Common-
Pleas againſt Aſhley, for the Balance of the Sum of 1841. 45. due for the Spirits.
And on the 23d of Fune, 1744, this Cauſe was tried at Guildhall, before the
L. C. J. Willes, where the ſame Arguments were made Uſe of by the Counſel
both for Plaintiff and Defendant, as were inſiſted on before the L. C. J. Lee, at
the firſt Trial, and before the Court of King's-Bench, on the ſpecial Argument of
this Caſe; but the L. C. J. Willes, upon itating it, and fully fumming up the
Evidence to the Jury, was clearly of the fame Opinion with the L. C. J. Lee,
and the Court of King's-Bench, and was pleaſed to make this Obſervation, viz.
That by the very Clauſe in the Act of Parliament, the Effects of a Bankrupt that
had received the Benefit of the Act, according to that Clauſe, remained liable to
his Creditors, as before the making of the A&; but that it could never be ſup-
poſed that they were liable to be ſeized in a ſummary Way, without a legal Trial,
by an Affignee, becauſe nothing was veſted in the Aſlignee but what the Bankrupt
had before he was a Bankrupt, and Kell had not received the Benefit of the Act.
And the Jury being of the fame Opinion, they therefore gave a Verdict in this
Action for the Paintiff Kell, for 541. 185. beſides Coſts of Suit; being what was
proved to be the Value of the Spirits, after ſome Allowances were made for
Waſte and Leakage, and after the Bond of 100l, and Intereſt was paid by Kell
to Aſhley.

Of Factors and Executors becoming Bankrupts, having Effects of other Perſons in
their Hands.
Wiſeman 2
HE Bonnells were conſiderable Merchants here in London, and had two
Vandeput.
THE Borrella confiance mbele, Merlehane sa herediteer niedom, zoekbonds
W 1630.3. before the Ship failed, Advice arrived there, that the Bonnells were failed ; and
thereupon Altenory and Alteory altered the Conſignment of the Silks, and made
it to the Defendant.
On which the Plaintiffs, being Affignees under the Statute againſt the Bonnells,
brought their Bill for a Diſcovery and Relief.
Upon the firſt Hearing the Court ordered all Letters, &c. to be produced, and
that the Parties proceed to a Trial in Trover, to ſee whether the firſt Conſign-
ment, notwithſtanding the altering thereof, and new Conſignment made before
the Ship failed, veſted the Property of thoſe Silks in the Bonnells; and upon
the
Trial and Verdict being given for the Plaintiffs, the Cauſe now came on upon the
Equity reſerved.
The Court declared, the Plaintiffs ought not to have had ſo much as a Diſco-
very, inuch leſs any Relief in this Court, in Regard that the Silks were the Goods
of two Florentines, and not of the Bonnells, nor the Produce of their Effects;
and therefore they having paid no Money for the Goods, if the Italians could
by any Means get their Goods again into their Hands, or prevent their coming
into the Hands of the Bankrupts, it was but lawful for them ſo to do, and
very allowable in Equity.
And it was decreed, that if any Thing was due from the Italians to the Bon-
nells, that ſhould be paid the Plaintiffs, but they ſhould not have the Value of
the Silks, by Virtue of the Conſignment or Verdict, and put the Italians to come
in as Creditors under the Statute of Bankrupts.
Copeman a A. made a Bill of Sale of ſome Leaſes and perſonal Eſtate to B. and C. in Truſt
to pay A.'s Debts; B. at firſt acted in the Truſt, but afterwards C, took the
Cowper. whole into his Poffefſion, and acted alone, and became a Bankrupt.
And A. brought a Bill againſt C. and others, to bring C. and his Aflignees to
Term. 1716.
an Account, touching the perſonal Eſtate of A. ſo afligned, in Truſt for the
Payment of his Debt as aforeſaid.
And his Lordſhip declaring, that he thought the 21 Jac. I. S. 10. to govern
this Caſe, diſmiſſed the Plaintiff's Bill with Coſts.
But



Gallant be.
fore Lord

I Peer Will.
Trin.
314
OF BANKRUPTCY.
587
Scott and
Francis Richa
In the Com
mon Pleas.
1
But further Argument being granted on the Caſe, his Lordſhip held that it was
not within the above-mentioned Clauſe and Statute, in Regard this Aflignment
was with an honeſt Intent, viz. for the Payment of the Debts of the Aſſignor.
And therefore he ordered the Affignees of C. to account for all the Eſtate of
A. which the Court declared ſhould not be liable to the Bankruptcy of C.
The Plaintiffs brought an Action againſt the Defendants for Money had and Jonathan
received to the Plaintiffs Uſe; and the Caſe was as follows:
The Plaintiffs being concerned as Partners in a large Quantity of Tar, con-ardſon, Plain-
figned it to Richard Scott, who was their Factor, and Brother to one of the Plaintiffs, Robert
tiffs (between which two Brothers there had been mutual Dealings, and Accounts Defendants.
which were at that Time unſettled.)
The Ship arrived in the Thames, with the Goods from Carolina, on the 22d ofm
May, 1739;
of which the Factor had before received a Bill of Lading, and on the
28th of March following he ſold the ſaid Tar to Meff. Cornelius and Yeremiah
Owen, who agreed to pay for it in Promiffory Notes, payable in four Months
after the Delivery of the ſaid Goods, and that a Debt of 311. at that Time owing
to the Buyers from the Factor, upon his own private Account, thould be de-
ducted out of the Purchaſe Money:
On the 1ſt of April
, 1740, the Owners paid the Factor in Part; by giving him
one Promiſſory Note of 661. 135. 4d. and another of 1021. 6s. 8d. which, with
the 3ıl. due to them from the Factor, amounted to 2001.
On the 3d of April following, the Factor, Richard Scot, committed an Act of
Bankruptcy, and on the 4th a Commiſſion iſſued againſt him, on the Petition of one
of the Defendants, and the three Defendants were choſen Aflignees, to whom the
Bankrupt delivered up the ſaid two Notes, received from the Buyers in Part of Pay-
ment for the Tar, and the ſaid Affignees afterwards received the Money for them.
The Defendants, as Aſſignees, likewiſe confirmed the Sale of the Tar to the
faid Owens, and ſettled the Account with them, and received the Balance, being
3781. 45. and there being a Bounty allowed by Act of Parliament, at ſo much per
Ton, payable to the Importer of this Tar, the Defendants, as Aſſignees, did
alſo receive that Bounty, amounting to the Sum of 2991. 8s.
The Aflignces inſiſted that they, as ſuch, were intitled to all this Money; and
that the Plaintiffs muſt come in as Creditors under the Commiſſion; and the Plain-
tiffs infifted, that the Bankrupt being their Factor, could be only conſidered as a bare
Truſtee, and therefore that the Notes delivered up to them by the Bankrupt,
though payable to him or Order, were the Notes of the plaintiffs, and that the
Defendants receiving the Money for thoſe Notes, and alſo the remaining Part of
the Money for the Tar, and the Bounty due to the Importer of that Tar, they
received thoſe Monies for the Uſe of the Plaintiffs.
This Cauſe was tried by a ſpecial Jury, and the Damages were computed at
3581. 10s, and a Verdict was given for the Plaintiffs, ſubject to the Opinion of the
Court upon this Queſtion :
Whether the Plaintiffs were entitled to ſuch Sum of 3581. 1os. given by the
Verdict, to any, or what Part thereof?
And the principal Caſes which were cited by the Plaintiffs, were thoſe of Cope-
man and Gallant, herein before-mentioned, the Caſe of L'Apoftree v. Le Plaiſtier,
which was tried before Lord Holt, where an Action of Trover was brought againſt
an Aflignee in a Commiſſion againſt one Levi, to whom the Plaintiff had deli-
vered ſome Diamonds to fell; and this being a Queſtion depending upon the
Clauſe of 1 Jac. 19. S. 10 and 11, it was made a Caſe for the Court of King'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 ſell them for his
'Uſe;
therefore the Court were of Opinion they were not liable to his Bank-
ruptcy.
The Caſe of Burdett and Willett was alſo cited, where, in the Court of Chancery,
it was decreed, that the Factor was only in the Nature of a Truſtee 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 Caſe, the Court took Time to con-
fider of it, and ſome Time afterwards gave their Judgement for the Plaintiffs,

viz,
588
OF BANKRUPTCY.
Hill. v. Mills.
viz. That the Plaintiffs ſhould be at Liberty to enter upon that Judgement
for the Debts and Coſts, deducting thereout the 311. due from the Factor to
the Owens.
Motion for a Prohibition to the Eccleſiaſtical Court for granting Adminiſtra-
Holt Rep.
Mich. tion to A. where B. was named Executor by the Teſtator, for that B. was a
3 W. and M. Bankrupt.
Holt C. J. The Ordinary is not to grant Adminiſtration, where an Executor is
named; and Bankruptcy is no material Diſability; he acts en autre Droit, and
the Teſtator had intruſted him; but in Caſe of non ſane Memory, there
abſolute Neceſſity to grant Adminiſtration.--A Prohibition granted.
If an Executor becomes Bankrupt, a Legatee is to be Creditor.
Com. 185.
i Show. 223.
no
Of chuſing Aſignees, and of their Power, and Duty.
5
Geo. II. C. HEN any Commiſſion of Bankrupt is iffued out, the Commiſſioners therein
30. S. 26, 27. named, or the major part of them, ſhall forth with, after they have declared
the Perſon Bankrupt, cauſe Notice to be given in the London Gazette, and thall
appoint
a Time and Place for the Creditors to meet; which for the City of London
and all Places within the Bills of Mortality, ſhall be at Guildhall, in order to chuſe
an Aflignee, or Aflignees, of the Bankrupt's Eſtate and Effects ; at which Meeting
the Proof of any Creditor's Debt (that ſhall live remote from the Place of the ſaid
Meeting) ſhall be admitted by Affidavit, or if Quakers, by Affirmation, or if from
abroad, by Letters of Attorney; and all Creditors who ſhall fo prove their Debts
at this Meeting, and whole Debts amount to rol. or upwards, ſhall be quali-
fied to vote in the Choice of Affignees, and he, or they, that ſhall be ſo choſen
by the major part in Value of the Creditors then proving their Debts, ſhall
have an Aſſignment from the Commiſſioners, or the major Part of them, of the
Bankrupt's Ēftate and Effects.
Ditto, S. 30.
The Commiſſioners have Power immediately to appoint one or more Affignees,
if they fee Cauſe, for the better ſecuring and preſerving the Bankrupt’s Eſtate,
which Aſſignee or Aflignees may be removed or diſplaced at the Meeting of the
Creditors for the Choice of Aſſignees, if the major part of them then met and
duly qualified ſhall think fit, and ſuch Aſſignee or Aſſignees as ſhall be removed
or diſplaced, ſhall within ten Days after Notice given in Writing by the Affignee
or Affignees choſen by the Creditors of the ſaid Choice, make an Aflignment and
Delivery to the ſaid Afſignee or Allignees of all the Bankrupt's Eſtate and Effects
which ſhall have come to their Hands and Poffeffion, on Penalty of 200l. each,
to be diſtributed among the Creditors, in the fame Manner as the Bankrupt’s
Eſtate ſhall be. And the Lord Chancellor has Power, on the Petition of any
Creditor, to remove ſuch Aſſignees as ſhall have been choſe by the Commiſſioners,
to vacate the Aſſignment, and to caufe a new one to be made.
Affignees have Power to Order the Bankrupt’s Attendance on them as often as
they think convenient for the Benefit of the Eſtate, and may have ſome ſkilful
Accomptants to ſettle his Books of Accounts, and employ ſome faithful Perſon,
to collect and get in the Debts, but for this laſt they ought to have Security.
Ditto, S. 38. Aſſignees may bring Actions at Law without the Conſent of the Creditors;
though if the Suit in Law is a Matter of Conſequence, or which may produce a
Suit in Equity, they ſhall ſummon all the Creditors to a Meeting, by Notice in
the London Gazette, and lay before them the true State of the Caſe, and take the
Conſent of the major Part in Value of the laid Creditors in Writing, to the bring-
ing ſuch Suits, and that a ſufficient Sum remain in the Aſſignees Hands to defray
the Charges; and in Caſe they apprehend that they ſhall not have ſufficient, they.
may take an Agreement under the Creditors Hands to indemnify them, and oblige
themſelves every one to pay his Share, in Proportion to their reſpective Debts; for
Aſſignees are not obliged to bring any Suit in Law or Equity (though the Cre-
ditors vote that they ſhould) unleſs they are indemnified, where there is any
Appearance of a Hazard.
And the Aſſignees may, with the Conſent of the major Partin Value of the Cre-
30. S. 34. ditors who ſhall have duly proved their Debts, and be preſent at any Meeting of


5
Gio. II. C.
I
the
OF BANKRUPTC Y.
589
the ſaid Creditors, purſuant to Notice to be for that Purpoſe given in the London
Gazette, ſubmit any Difference or Diſpute between the Aſſignees and any Perſon or
Perſons whatſoever, relating to the Bankrupt's Effects, to Arbitration, the Arbitra-
tors to be choſen by the Aſſignees and the major Part in Value of ſuch Creditors,
and the Party or Parties with whom they have the Difference, and to perform the
Award of ſuch Arbitrators, or otherwiſe to compound and agree the Matters in
Diſpute, in ſuch Manner as the Aflignees (with ſuch Conſent as aforeſaid) ſhall
think fit, and the ſame ſhall be binding to all the Creditors.
The Aſſignees, by and with the Conſent of the major part of the Creditors in Ditto, S. 35.
Value, who ſhall be preſent at a Meeting to be had for that Purpofe (of which
Notice ſhall be given in the London Gazette) may make Compoſition with any
Perſon or Perſons, Debtors or Accomptants to the Bankrupts, where the fame ſhall
appear neceſſary and reaſonable, and to take fuch reaſonable Part as can upon ſuch
Compoſition be gotten in full Diſcharge of ſuch Debts and Accounts.
Aſſignees ſhould be careful in examining the Nature of the Bankrupt's Debts Ditto, S. 28.
to prevent the Statute of Limitation from taking Place. Where it ſhall appear to
the major part of the Commiſſioners, that there has been mutual Credit given by
the Bankrupt and any other Perſon, or mutual Debts between the Bankrupt and
any other, at any Time before he became Bankrupt, the major Part of the Com-
miſſioners, or the Aflignees of the Eſtate, may ſtate the Account between them,
and one Debt may be ſet againſt another, and what ſhall appear to be due on ei-
ther Side on the Balance of ſuch Account, and on ſetting ſuch Debts one againſt
another, and no more, ſhall be claimed or paid on either Side reſpectively.
Before the Creditors (hall proceed to the Choice of Aflignees, the major Part Ditto, S. 32.
in Value of the Creditors preſent ſhall, if they think fit, direct how, and with
whom the Monies to be received out of the Bankrupt's Eſtate ſhall remain,
until the ſame be divided, to which Rule ſuch Aſſignees ſhall conform as often
as 100l. ſhall be got in. One
Allignees are obliged, at ſome Time after the Expiration of four Months, and Ditto, S. 33.
within twelve Months from the Time of the Commiſſion's iſſuing, to cauſe at leaſt
twenty-one Days publick Notice to be given in the London Gazette, of the Time
and Place they and the Commiffioners intend to meet, to make a Dividend or Dif-
tribution of the Bankrupt's Effects, at which Time the Creditors who have not
before proved their Debts, ſhall then be at Liberty to prove them, which Meeting,
for London and all Places within the Bills of Mortality, ſhall be at the Guildhall,
and at ſuch Meeting the Affignees ihall produce to the Commiſſioners and Credi-
tors then preſent, juſt and fair Accounts of all their Receipts and Payments touch-
ing the Bankrupt's Eſtate and Effects, and the Particulars of all that ſhall remain
outſtanding, and ſhall, if the major Part of the Creditors then preſent require it,
be examined upon Oath before the Commiſſioners touching the Truth of ſuch
Accounts. And the Aſſignees shall be allowed and retain all ſuch Sums as they
ſhall have paid or expended in ſuing oựt and proſecuting ſuch Commiſſion, and
all other juſt Allowances on their Account of being Aflignees ; and the major
Part of the Commiſſioners ſhall order ſuch Part of the nett Produce of the Bank-
rupt's Eſtate, as by ſuch Accounts or otherwiſe ſhall appear to be in the Hands
of the Alügnees, as they ſhall think fit to be divided forthwith among ſuch of the
Creditors who have duly proved their Debes under the Commiſſion in Proportion
to their ſeveral and reſpective Debts, and they ſhall make ſuch their Order for a
Dividend in Writing under their Hands, and thall cauſe one Part of ſuch Order
to be filed amongſt the Proceedings under the Commiſſion, and ſhall deliver unto
each of the Aſſignees a Duplicate of ſuch their Order likewiſe, under their Hands;
which Order of Diſtribution (hall contain an Account of the Time and Place of
making ſuch Order, and the Sum total or Quantum of all the Debts proved under
the ſaid Commiſſion, and the Sum total of the Money remaining in the Hands of
the Aſſignees to be divided, and how much in particular in the Pound is then
ordered to be paid to every Creditor under the Commiſſion; and the faid Al-
ſignees, in Purſuance of ſuch Order, and without any Deed or Deeds of Distribu-
tion to be made for that Purpoſe, ſhall forthwith make ſuch Dividend and Dif-
tribution accordingly, and ſhall take Receipts in a Book to be kept for that
7 L
Purpoſe


590
OF BANKRUPTCY.
mv clan-
Purpoſe for each Creditor, for the Part or Share of ſuch Dividend or Diſtribu-
tion, which they ſhall make and pay to each Creditor reſpectively, and ſuch
Order and Receipt Mall be a full and effectual Diſcharge to ſuch Allignees.
5 Geo. II. C.
And the Aflignees are further obliged within eighteen Months after iſſuing of
30. S. 37.
the Commiſſion, to make a ſecond Dividend of the Bankrupt's Eſtate and Effects,
in Caſe the whole was not divided on the firſt Dividend, and ſhall cauſe Notice to
be inſerted in the London Gazette of the Time and Place the Commiſſioners in-
tend to meet to make a ſecond Dividend, and for the Creditors who ſhall not
before have proved their Debts, to come and prove them, and at ſuch Meeting
the Affignees ſhall produce upon Oath their Accounts of the Bankrupt’s Eſtate
and Effects, and what upon the Balance thereof (hall appear to be in their Hands,
ſhall by the like Order of the major Part of the Commiſſioners be forthwith di-
vided among ſuch of the
ſuch of the Bankrupt's Creditors, as ſhall have made due Proof of
their Debts, in Proportion to their ſeveral and reſpective Debts, which ſecond
Dividend ſhall be final, unleſs any Suit at Law or in Equity ſhall be depending, or
any Part of the Eſtate ſtanding out that cannot bave been diſpoſed of, or that the
major part of the creditors ſhall not have agreed to be fold or diſpoſed of in Manner
aforeſaid; or unleſs ſome other or future Eſtate or Effects of the ſaid Bankrupt fall
afterwards come to, or veſt in the ſaid Ajignees, in which Cafe the Aſſignees thall,
as ſoon as may be, convert ſuch future or other Eſtate or Effects into Money in
Manner aforeſaid, and ſhall within two Months next after the ſame Thail be
converted into Money, by the like Order of the Commiſſioners, divide the ſame
amongſt the Creditors who ſhall have made due Proof of their Debts.
If Creditors want to inſpect the Affignees Accounts, and are refuſed by them,
the Court, on Petition, will oblige the Aſſignees to thew their Accounts according
to the Directions of the Statutes.
If an Affignee is guilty of a Breach of Truſt, by miſapplying the Creditors
Money or keeping the Money in his Hands, when he ought to have divided it,
the Court, on a Petition and Proof being made, will Order an Account to be taken
before the Commiſſioners, and to make a Dividend; and if any manifeſt Delay
or Neglect appears in them, will oblige them to pay Intereſt and Coſts.
define Agreement either with the Bankrupt or any other Perfon, the Court, by
Application, will by Order reſtrain them from ſelling fuch Eſtates or Intereſts,
or remove them.
If Aſſignees have had Suits in Law or Equity, on Application to the Court,
the Court will order the Commiſſioners to ſettle the Accounts, allowing them all
reaſonable Coſts and Charges, and direct the Aſſignees to make a Dividend of
the Reſidue.
The Court on a Petition will order the Commiſſioners to enquire into the real
Conſideration of Debts and Notes, and of uſurious Contracts; and will Order the
Aflignees to be reſtrained from making any Dividend, till the Commiſſioners ſhall
have made their Certificate to the Court; and if there appears to have been more
than legal Intereſt received, or any unfair Tranſactions, with Regard to the ob-
taining or ſwelling ſuch Debt, the Court, on bringing a Bill, will, by Decree,
reduce ſuch unconſcientious Demand to the Sum which is really due.
If an Affignee dies, the Truſt devolves to the ſurviving Affignee, or to ſuch
new Aſſignee as the Court ſhall join to the ſurviving Allignee, if the Creditors
fhall petition for the fame; and the Executor or Adminiſtrator of the deceaſed
Aflignee muſt pay the Money in his Hands to the ſurviving Aflignee, and ſuch
additional Affignee (if appointed) or account before a Maſter in Chancery for
Aflets come to his or her Hands; becauſe Commiſſioners cannot take an Account
of Aflets.
1. But if the Bankrupt's real Eſtate is conveyed to Aflignees, and one of them
dies, this is a Joint-Tenancy, and goes to the Survivor; and he may alone fell
ſuch an Eſtate to the Purchaſer; but if both die before any, Conveyance is
made, then the Heir at Law of the Survivor muſt convey to ſuch new Affignees
as the Court ſhall appoint, or join with ſuch nèw Aſſignees in Conveyance to
a Purchaſer.
1.00



If
OF B A NK R U PTC Y.
591
If Money is overpaid in Purſuance of an uſurious Contract, the Aſſignees have Ld. Talbot
,
a Right to demand and recover it, notwithſtanding the Agreement of the oppreſſed Mich; Term.
.
Party to allow ſuch Payments. The two Cottons became Bankrupts, and their Al-i Geo. II.
ſignees brought a Bill againſt Daſhwood, as Executor of Sir Samuel Daſhwood, 11 Nov.
who had, in his Life-time, lent ſeveral Sums to the Bankrupts upon Bonds Daſhwood.
bearing 6 per cent. Intereſt, and had taken Advantage of their neceflitous Cir-
cumſtances, and compelled them to pay 10 per cent. to which they ſubmitted,
and entered into other Agreements for that Purpoſe, and continued paying at
the ſaid Rate of 10 per cent. from the Year 1710 to 1724 ; it was decreed at the
Rolls, that the Defendant ſhould account, and that for what had been really
Tent, legal Intereſt ſhould be computed and allowed; and what had been paid,
over and above legal Intereſt, ſhould be deducted out of the Principal at the
Time paid, and the Plaintiffs to pay what ſhould be due on Account; and if
the Teſtator had received more than was due with legal Intereſt, that was to be
refunded by the Defendant, and the Bonds to be delivered
up:
A Bankrupt, before he became ſuch, having made a Mortgage of his Eſtáte, Alignees
the Aſſignees of the Statute bring an Ejectment for the Recovery of the Lands Right to a
comprized in the Mortgage; the Mortgagee refuſes to enter, but ſuffers the Bank- made by a
rupt to take the Profits, and to fence againſt the Aflignees with this Mortgage.
Bankrupt.
Ld. Keeper ordered, the Mortgagee ſhould be charged with the Profits from the Chapman a
Time of the Ejectment delivered.
i Vern. 276.
1684.
An Aſignee dying in Debt by. Bond.
Mich. Term.
HE Aſignees under a Commiſſion taken out againſt I. S. petitioned that I. N. Ex parte
the Daughter and Adminiſtratrix of 1. D. (who was the ſurviving Affignee 2 Peer Will.
.
under the Commiſſion) ſhould account before the Commiffioners, for the Bank- 546. Trin.
Term, 1729.
rupt's Effects come to her Hands; and an Affidavit was made, that I. N. had con-
L. C. King,
felfed ſhe believed that her Inteſtate, the Aſſignee, kept the Bankrupt's Money in a
ſeparate Bag, with a Note in it, ſhewing it to be ſuch; and alſo that the Aſſignee
left Lands of Inheritance, deſcended to I. N. the Heir, which would be Affets by
Deſcent, to anſwer the Covenant entered into by the Affignee for himſelf and
Heirs, with the Commiſſioners, duly to account for the Bankrupt's Effects.
But againſt the Petition it was urged, that this Matter was not fit to be ended
in a ſummary Way, but by a Bill to determine it, for that I. N. the Heir and Ad-
miniſtratrix of the Aſſignee, had made an Affidavit, that ſhe never confeffed the
Affignee, her Father, kept the Bankrupt’s Money in a ſeparate Bag or Place, nor
did The believe the Fact to be ſo; that the Aflignee, the Father, died indebted by
Specialty and otherwiſe ſeveral thouſand Pounds beyond all his Affets; that ſhe has
paid ſome Bonds, and Actions were depending upon others; that it was in her
Election to prefer which of the Specialties the pleaſed, and the Commiſſioners
were not proper to determine in a ſummary Way, whether the Payments already
made by the Adminiſtratrix, or which ſhe ſhould make, were, or would be, good
and legal; or if they ſhould make fuch Determination, this could be no Way
binding to the other Creditors; therefore the Order now deſired, that the
Daughter and Adminiſtratrix of the Affignee ſhould account with the Commiſ-
fioners, would be of no Uſe, ſince the Creditors might bring their Action, or
Bill in Equity againſt the Daughter and Adminiftratrix of the Affignee, for
which Reafon Ld. Chancellor ordered the Petition of the new new Affignees to
be diſmiſſed, and directed them to bring their Bill.
Though Aſſignees are generally choſe from among the Creditors, and thoſe
commonly to whom the Bankrupt is moſt indebted, yet they may be made not-
withſtanding they are no Creditors, nor any Ways concerned in the Commiſ-
fion, provided the major Part in Value of the Creditors appoint them.
And Aſſignees may bring Actions for Debts due to the Bankrupt in their own 2 Cro. 105.
Names, &c. for they ſhall have the ſame Remedy as the Bankrupt himſelf might Jones a pope.
have had againſt his Debtors. But if the Commiſſion of Bankruptcy be not taken
out within fix Years (the Time directed by Law for fuing of Debts) then the De-
fendant in an Action may plead the Statute of Limitations: In Caſe the Commiſ-
ſion

I
592
OF BANKRUPTCY.
II
fion be taken out within ſix Years, and the Aſſignment made within that Time,
the Statute preſerves the Debt by the Aſſignment, it being to relieve Creditors
againſt Fraud.
1 Salk. 108,
It is a conſtant Practice to make an Aſſignment of the Debts and Eſtate of the
Bankrupt to Affignees in Truſt for themfelves (if Creditors) and the other Cre-
ditors; and it has been held, that where a Commiſſion of Bankrupt is taken out,
the Bankrupt's Goods do not thereupon belong to the Commiſſioners, for until
an Aſſignment thereof is made, the Property is not transferred out of the Bank-
rupt; but it is ſaid, the Affignee is in by Relation from the Time of the Bank-
ruptcy, ſo as to avoid all meſne Acts, but not ſo as to be actually inveſted with
the Property.
I ,
Of Removing Aſignees.
5 Geo. II. C. F an Aſſignment of a Bankrupt’s Eſtate already made by the Commiſſioners, or
39. S. 3.1.
ceſſary to be vacated, and a new Aſſignment made of the Debts and Effects unre-
ceived, and not diſpoſed of by the then Aſſignees, to other Perſons, to be choſen by
the Creditors as aforeſaid, it is lawful for the Lord Chancellor, Lord Keeper, or
Commiſſioners of the Great Seal, upon the Petition of any Creditor, to make ſuch
Order therein as he or they ſhall think juſt and reaſonable; and in Cafe a new Af-
ſignment ſhall be ordered to be made, then ſuch Debts, Effects, and Eſtate of the
Bankrupts ſhall be thereby effectually and legally veſted in ſuch new Affignee or Af-
ſignees, and it ſhall be lawful for him or them to ſue for the ſame in their Names,
and to diſcharge any Action or Suit, or give any Acquittance for ſuch Debts, as ef-
fectually to all Intents and Purpoſes as the Affignees in the former Aſſignment
might have done; and the Commiſſioners ſhall cauſe publick Notice to be given in
the two London Gazettes that ſhall immediately follow the Removal of ſuch Al-
ſignees and the Appointment of ſuch others as aforeſaid, that ſuch Aſſignees are re-
moved, and ſuch others appointed in their ſtead, and that ſuch Perſons as are in-
debted to the Bankrupt's Éſtate do not pay any Debts to the Aſſignees removed;
and if an Iſſue is directed to be tried in the Time of the old Aflignees, the Court,
on Petition, will order the ſame Iſſue to be tried by the new ones.
If there is any Injuſtice committed by Affignees, and that they, with the Bank-
rupt's Conſent, will admit of ſham Debts being proved, the Court will remove ſuch
Aflignees, and order the Conſideration of ſuch Debts to be inquired into, and all
Parties to be examined upon Interrogatories, and appoint new Aflignees, and direct
the Commiſſioners to ſee what is really due from the Bankrupt’s Eſtate to his
Creditors; and after the Aſſignees are chofen, will order Coſts of the Parties ſo
unjuſtly acting, to be taxed by a Maſter and be paid by them.
If Aſſignees live at a great Diſtance from the Bankrupt's Eſtate or Effects, where-
by ſuch Eſtate or Effects may be incumbered with heavy Charges, or occafion a
Neglect for getting in ſuch Effects ; upon the Application of the Majority of the
Creditors who have proved their Debt under the Commiſſion, and proving the
fame by Affidavit, the Court will diſcharge ſuch Aflignees, and direct a new Ar-
ſignment to be made to ſuch other Aflignees as the Creditors ſhall appoint, and
direct that the old Affignees ſhall join in ſuch new Allignment.
If it appears that there are Accounts between the Bankrupt and the Aſſignees,
and that the Affignees, although there may be Notes or Bonds ſubſiſting, ſo as
to entitle them to prove their Debts, yet if upon the Balance of ſuch Accounts,
the Aflignees appear to be Debtor to the Bankrupt’s Eſtate, the Court will for
fuch Reaſon remove them.
If there appears Partiality or Unfairneſs in the Choice of Aſſignees, the Court,
on Petition, will remove them.
If it appears that Affignees have prevented Creditors from moving their
Debts, to make Number and Value for the Bankrupt's Certificate, and for that
Purpoſe have conteſted ſuch Debts, and have refuſed to admit them; the Court
will for ſuch Unfairneſs remove the Aſſignees; and admit ſuch Creditors to prove
ſuch Debts as ſhall appear to be juſtly due to them.
Penalties


OF B A N KR U PTC Y.
593
-
13
S. 29.
Penalties on Perſons concealing Effects, and pretended Creditors ſwearing fally,
and Ållowances made to the Diſcoverers of Bankrupts Effects.
Y this Statute it is enacted for the better Diſcovery of a Bankrupt's Eſtate, 5 Geo. II. C.
By
that all and every perſon who ſhall (after the Tinie allowed to ſuch Bank- 30. S. 20, 21,
rupt) voluntarily make a Diſcovery of any part of ſuch Bankrupt’s Eſtate, not be Eliz. C.73
fore come to the Knowledge of the Aſſignees, ſhall be allowed 5 per cent. and S. 6.
ſuch further Reward as the Aſſignees and the major Part of the Creditors in
Value, preſent at any Meeting of the Creditors, ſhall think fit.
And every Perſon who ſhall have accepted of any Truſt, or Truſts, and ſhall
wilfully conceal or protect any Eſtate, -real or perſonal, of any Perſon or Perſons
becoming Bankrupt from his Creditors, and thall not, within forty-two Days
next after ſuch Commiſſion ſhall iſſue forth and Notice thereof be given in the
London Gazette, diſcover and diſcloſe ſuch Truſt and Eſtate in Writing to one
or more of the Commiſſioners or Aſſignees of ſuch Bankrupt’s Eſtate, and like-
wife fubmit himſelf to be examined by the Commiſſioners, in and by the ſaid
Commiſſion authorized, if thereunto required, and truly diſcover the ſame, ſhall
forfeit the Sum of one hundred Pounds of lawful Money of Great-Britain, and
double the Value of the Eſtate, either real or perſonal ſo concealed, to and for
the Uſe and Benefit of the ſaid Creditors.
And whereas many-Abuſes have been committed by pretended Creditors of 5 Geo. II.
Bankrupts, be it enacted, by the Authority aforeſaid, that if any Perſon, at any
Time hereafter, ſhall before the acting Commiſſioners in any Commiſſion of
Bankrupt, or by Affidavit or Affirmation exibited to them, ſwear 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 ſhall fwear or affirm that more is due than
* is really due or owing, knowing the ſame to be not duę or owing, and that ſuch
Oath or Afirmation is falfe and untrue, and being thereof convicted by Indiet-
ment or Information, ſuch Perſon thall ſuffer the Pains and Penalties inflicted by
the ſeveral Statutes made and now in Force againſt wilful Perjury, and ſhall
moreover be liable to pay double the Sum ſo ſworn or affirmed to be due or ow-
ing as aforeſaid, to be recovered and levied as other Penalties arid Forfeitures are
upon penal Statutes, after the Conviction; to be levied and recovered ; and ſuch
double Sum ſhall be equally divided among all the Creditors ſeeking Relief under
the ſaid Commiſſion.
Where any Perſon ſhall fraudulently ſwear, or (being Quakers) affirm, before 14 Geo. II.
the major part of the Commiſſioners in a Commiſſion of Bankruptcy, or by Afi-P.11576
davit or Affirmation exhibited to them, that a Sum of Money is due to him from
any Bankrupt, which ſhall in Fact not be really and truly owing, and ſhall in
Reſpect of ſuch fictitious Debt ſign the Certificate of ſuch Bankrupt’s Diſcharge,
in every ſuch Caſe, unleſs ſuch Bankrupt ſhall, before the major Part of the
Commiflioners, have ſigned ſuch Certificate, by Writing figned by him, and
delivered to one or more of the Commiſſioners, or of the Aſignees of his Eſtate
and Effects, diſcloſe the Fraud, and object to the Reality of ſuch Debt, fuch
Certificate ſhall be null and void, and the Bankrupt ſhall not be intitled to his
Diſcharge, or to any of the Benefits or Allowances given to Bankrupts by the
Act of 5 Geo. II.
Where any Creditor of a Bankrupt reſides in foreign Parts, the Letter of At-
torney of ſuch Creditor, atteſted by a Notary Publick in the uſual Form, ſhall
be a ſufficient Evidence of the Power by which any Perſon thereby authorized
ſhall fign the Bankrupt’s Certificate.
Of ſuperfeding Commiſions.
THE Reaſons for ſuperſeding Commiſſions are many and various ; as,
iſt, If there is not a Debt due to the petitioning Creditor, in which Cafe
the Court will order the Commiſſioners to enquire into the Nature of the Debt,
and to certify the ſame to the Court; and if there is not a ſufficient Foundation
for the Debt, the Court will ſuperſede it.
adly,



7 M
594
OF BANKRUPTCY.

or
5 Geo. II.
Fol. 128.
2dly, If the Party inſiſts he is no Trader, the Court uſually directs ſuch Facts
to be tried, and if on ſuch Trial it appears to the Court that he is not a Trader,
the Court will for ſuch Reaſons ſuperſede the Commiſſion.
3dly, If the Party againſt whom the Commiſſion is iſſued, appears to be an
Infant, the Court, on full Proof of ſuch Infancy, will ſuperſede the Commiflion,
4thly, If after the iſſuing a Commiſſion, the Party makes a Satisfaction,
gives a ſufficient Security for performing it to all his Creditors, and they in
Conſequence give him a Releaſe, theſe Motives, on Petition to the Court, will
induce it to ſuperſede the Commiſſion.
5thly, If a Bankrupt conveys all his real Eſtate to Truſtees for the Benefit of
his Creditors, and they accept of ſuch Conveyance, the Court in this Cafe will
order the Creditors to deliver up their Securities to the Bankrupt, and that the
Bankrupt ſhall deliver up all the Title Deeds, and join in the Conveyances ;
and that the Truſtees ſhall proceed in the Truſt, and that the Bankrupt ſhall
pay the Charges of the Commiſſion, deducting the Money out of the Allignees
Hands.
6thly, If a Bankrupt makes a private Agreement with his Creditor, and prevails
on him to take out a Commiſſion, in Conſideration of being paid his whole Debt,
or at leaſt more than the Reſt of his Creditors, the Court, on Proof made thereof,
will order the Commiſſion to be ſuperſeded, and award a new one; and the Pers
ſon receiving ſuch Goods, or Satisfaction, ſhall loſe his whole Debt and the
Money received; and pay the ſame to ſuch Perſons as the Commiſſioners Thall
appoint, in Truſt for the Bankrupt’s Creditors in Proportion. kad estona
7thly, If a Perſon has not a Mind to be a Bankrupt, and is conſcious that he is
no Trader, nor has committed any Act of Bankruptcy, or does not owe any Debt
ſufficient whereon to ground a Commiſſion, he may, if he ſuppoſes a Commiſſion
is going to be taken out againſt him, enter a Caveat in the Secretary's Office
againſt it; or if it has iſſued, he may petition the Court that no ſuch Commiſſion
may be executed againſt him, or that it may be ſuperſeded; and upon hearing the
Merits of ſuch a Petition, the Court in ſome Caſes determines the Point, and
in other Caſes directs an Iſſue at Law to try the fame.
8thly, If a Commiſſion taken out in an adverſe Manner is ſuperſeded, and the
Party on the Trial is not found Bankrupt, the Court, according to the Nature of
the Caſe, frequently will order Coſts to the Party againſt whom the Commiſſion
is taken out, or may, if they think proper, aſſign over the Bond given to the
Lord Chancellor.

Coſts of Commifions, how to be ſettled and paid.
5 Geo. II. C.
39. S. 25.
TH
THE Creditors who ſhall petition for a Commiſſion of Bankrupt, ſhall be
obliged at their own Coſts to proſecute the ſame, until Aflignees ſhall be
choſen : and the Commiſſioners ſhall, at the Meeting appointed for the Choice
of Aflignees, aſcertain ſuch Coſts, and by Writing Thall order the Aſſignees to
reimburſe ſuch petitioning Creditors out of the firſt Effects of the Bankrupt
that ſhall be got in; and every Creditor (hall be at Liberty to prove his Debt
without paying Contribution.
Ditto, S. 42.
There Thall not be paid out of the Eſtate of the Bankrupt any Monies for Exa
pences in Eating or Drinking of the Commiſſioners, or of any other Perſons, at
the Times of the Meeting of the Commiſſioners or Creditors; and no Schedule
hall be annexed to any Deed of Aſſignment of the perſonal Eſtate of ſuch Bank-
rupt; and if any Commiſſioner ſhall order ſuch Expence to be made, or eat or
drink at the Charge of the Creditors, or out of the Eſtate of ſuch Bankrupt, or
receive above 20s. each Commiſſioner for each Meeting, every ſuch Commiſſioner
ſhall be diſabled to act in any Commiſſion of Bankrupts.
Ditto, S. 46. All Bills of Fees or Diſburſements demanded by any Solicitor, employed under
any Commiflion of Bankrupt, ſhall be ſettled by one of the Maſters of Chancery;
and the Maſter who Thall ſettle fuch Bill ſhall have for his Care in ſettling the
fame, as alſo for his Certificate thereof, 205.
Concerning

1
OF BANKRUPTCY.
595
IN
Concerning the Duty of, and Remedy againſt Gaolers, where Bankrupts or Witneſſes
are committed, and ſuffered to eſcape.
N Caſe the Commiſſioners appointed in any Commiſſion of Bankruptcy, 5 Geo. II.
ſhould in Virtue of their Power commit the Bankrupt or any perſon or Per- C.30. S. 18.
fons to Priſon, for not conforming to the Acts relating to Bankrupts, and if the
Gaoler or Keeper of the Priſon, to which ſuch Bankrupt, Perſon, or Perſons ſhall
be ſo committed, wilfully ſuffer ſuch Bankrupt, Perſon, or Perſons, to eſcape
fron ſuch Priſon, or to go without the Walls or Doors thereof, until he or they
ſhall be duly diſcharged, ſuch Gaoler or Keeper ſhall for ſuch his Offence, being
duly convicted by Indictment or Information, forfeit five hundred Pounds of law-
ful Money of Great-Britain, for the Uſe of the Creditors of ſuch Bankrupt.
And the Gaoler or Keeper of ſuch Priſon as aforeſaid, ſhall, upon Requeſt of Ditto, S. 19.
any Perſon, being a Creditor of ſuch Bankrupt (and having proved his Debt under
the Commiſſion) and producing a Certificate thereof under the Hands of the Com-
miſſioners (which they are hereby required to give gratis ) forthwith produce and
ſhew ſuch Perſon or Perſons ſo committed as aforeſaid to any ſuch Creditor re-
queſting the fame; and in Caſe ſuch Gaoler or Keeper of ſuch Priſon ſhall refuſe
to ſhew, or ſhall not forthwith produce ſuch Perſon or Perſons ſo committed as
aforeſaid, and being in his actual Cuſtody at the Time of ſuch Requeſt, to ſuch
Creditor of the Bankrupt requeſting to ſee ſuch Perſon or Perſons committed as
aforeſaid, ſuch Gaoler or Keeper of ſuch Priſon ſhall forfeit for ſuch his wilful
Refuſal or Neglect, the Sum of 100l. of lawful Money of Great-Britan, for the
Uſe of the Creditors of ſuch Bankrupt, to be recovered by Action of Debt in any
of his Majeſty's Courts of Record at Weſtminſter, in the Name of the Creditor
requeſting ſuch Sight of ſuch Priſoner.
And for every other ſuch Offence ſhall forfeit the Sum of 2001, for the Uſe of 5 Geo. I.
the Bankrupt's Creditors, as aforeſaid.
C. 24
Concerning Privilege of Parliament.
mancato
BY
Y Stat. 4 Geo. III. Cap. 36. the Stat. 5 Geo. II. Cap. 30. concerning Bank-
rupts is further continued to September 29, 1771, and from thence to the
End of the then next Seſſion of Parliament. And with Reſpect to Perſons in-
titled to the Privilege of Parliament not paying their Debts, the following Act
was made, intitled, “An Act for preventing Inconveniences ariſing in Caſes of
Merchants, and ſuch other Perſons as are within the Deſcription of the Statutes
relating to Bankrupts, being intitled to Privilege of Parliament, and becoming
inſolvent.'
Stat. 4 Geo. III. Cap. 33. Sect. 1. Whereas Merchants, Brokers, Factors,
Scriveners, and Traders, within the Deſcription of the Statutes relating to
Bankrupts, having Privilege of Parliament, are not compellable to pay their
juſt Debts, or to become Bankrupts, by Reaſon of Freedom of their perſons
from Arreſt upon civil Proceſs; and ſome Doubts have alſo ariſen, whether in
Caſes of Bankruptcy, a Commiſſion can be ſued out during the Continuance of
ſuch Privilege: To remedy which Inconveniences, and to ſupport the Honour
and Dignity of Parliament, and good Faith and Credit in commercial Dealings,
which require, that in ſuch Cafes, the Laws ſhould have their due Courſe,
and that no ſuch Merchants, Bankers, Brokers, Factors, Scriveners, or Traders,
in Caſe of actual Infolvency, ſhould, by any Privilege whatever, be exempted
from doing equal Juſtice to all their Creditors; be it enacted, &c. that from
and after the ift Day of May, 1764, it ſhall be lawful for any ſingle Creditor,
or two or more Creditors, being Partners, whoſe Debt or Debts fhall amount
to 100l. or upwards, and for any two Creditors whoſe Debt ſhall amount to
1501. or upwards, or any three or more Creditors whoſe Debts ſhall amount to
2001. or upwards, of any Perſon or Perſons deemed a Merchant, Banker, Broker,
Factor, Scrivener, or Trader or Traders, within the Deſcription of the Act of
Parliament relating to Bankrupts, having Privilege of Parliament, at any Time,
upon

596
OF BANKRUPTCY.
-
AVING
upon Affidavit being made and filed on Record in any of his Majeſty's Courts
at Weſtminſter by ſuch Creditor or Creditors, that ſuch Debt or Debts is or are
juſtly due to him or them reſpectively, and that every ſuch Debtor, as he or
they verily believe, is a Merchant, Banker, Broker, Factor, Scrivener, or
Trader, within the Deſcription of the Statutes relating to Bankrupts, to ſue
out of the fame Court Summons, or any original Bill and Summons, againſt
fuch Merchant, Banker, Broker, Factor, Scrivener, or Trader, and ſerve him
with a Copy thereof; and if ſuch Merchant, Banker, Broker, Factor, Scri-
vener, or Trader, ſhall not within two Months after perſonal Service of ſuch
Summons (Affidavit of the Debt or Debts having been duly made and filed up
as aforeſaid) pay, ſecure, or compound for, ſuch Debt or Debts, to the Satil-
faction of ſuch Creditor or Creditors, or enter into a Bond in ſuch Sum, and
with two ſuch ſufficient Sureties, as any of the Judges of that Court out of
which ſuch Summons thall iſſue ſhall approve of, to pay ſuch Sum as fhall be
recovered in ſuch Action or Actions, together with ſuch Coſts as ſhall be given
in the fame, he ſhall be accounted and adjudged a Bankrupt from the Time of
the Service of ſuch Summons; and any Creditor or Creditors may ſue out a
Conimiſſion againſt any ſuch Perſon, and proceed thereon in like Manner as
againſt other Bankrupts.
Sect. 2. Provided always, and it is hereby declared, that this Act ſhall not
extend, or be deemed or conſtrued to extend, to any ſuch Debt or Debts as
aforeſaid contracted before the 8th Day of March, 1764; any Thing herein
before contained to the contrary thereof in any wiſe notwithſtanding,
Sect. 3. And be it further enacted, by the Authority aforeſaid, that if any
Merchant, Banker, Broker, Factor, Scrivener, or Trader, ſhall, after the laſt
Day of this Seſſion of Parliament, commit any Act of Bankruptcy, that then,
and in ſuch caſe, any Creditor or Creditors as aforeſaid may ſue out a Com-
miſſion of Bankruptcy againſt any ſuch Merchant, Banker, Broker, Factor,
Scrivener, or Trader; and the Commiſſioners in ſuch Commiſſion, and other
Perſons, may proceed thereon in like Manner as againſt other Bankrupts ; any
Privilege of Parliament to the contrary notwithſtanding:
Sect. 4. Provided nevertheleſs, and be it enacted, that nothing in this Act
ſhall ſuffer any Perſon intitled to Privilege to be arreſted, or impriſoned during
the Time of ſuch Privilege, except in Caſes made Felony by the Acts relating
to Bankrupts, or any of them.
H Н
and againſt an Engliſh Bankrupt, I ſhall add, how thoſe under ſuch un-
happy Circumſtances are treated in France and Holland, as it may unfortunately
happen for my Reader, that the Courſe of his Dealings may lead him into ſome
unlucky Engagements with ſuch inſolvent Perſons; and it will then be natural
for him to be deſirous of knowing how far the Laws of the Country will pro-
tect the Debtor from his Creditor's Suit, and what Steps theſe latter ought to
take for the Securing or Recovery of their Property : In Order therefore to give
my Reader this Satisfaction, I ſhall obſerve to him, that in France a confider-
able Diſtinction is made between a Bankruptcy and a Failure; the former being
underſtood to be voluntarily and fraudulent, whilſt the other is fuppoſed to be
by Confcraint and Neceffity, cauſed always by ſome unforeſeen and unavoidable
Parfait Négo- Accident; but as Mr. James Savary has made a very juſt and nice Diſtinction
between the Signification of theſe two Terms, I ſhall give my Reader the Senſe
of his Obſervations thereon, though with ſuch Brevity as it will admit.-He
ſays, the Publick feldom makes the Difference it ought on theſe Occaſions, but
confound the Diſtinctions, which are in their Nature very apparent, and are
made ſuch in all the King's Ordinances relative to thoſe Affairs. The Trader
who has failed, or ſtopped by Reaſon of his Incapacity pun&ually to comply
with his Notes of Hand, Bills due, or immediately to return the Money he
had received for thoſe come back proteſted, and is obliged to this Demur by
ſome unforeſeen Accident, or Loſs in Trade, and reduced to the Neceſſity of
aſking Time of his Creditors for the Payment of the Whole, or what he can,

2
of
OF BANKRUPTCY.
697
of his Debts, is not to be placed on a Footing with the Bankrupt, who by
Fraud and Treachery has ſecured to himſelf a Proviſion for Futurity, at the
Expence of his Creditors, to whom he gives up the triling Remains of his ran-
ſacked Fortune in Payment of his Clearance; and though this Man’s Villainy
continues undiſcovered, he always remains infamous in the Eyes of the Publick;
whilſt the other, who complies as far as he is able, is reſtored to Credit, though
he continues incapable of enjoying any publick Poſt till the whole of his Debts
are paid with Intereſt.
Although a Merchant be never ſo ſkilful and affiduous in his Buſineſs, though
he keeps his Affairs under the beſt Regulation, and has ſet out in the World with
a handſome Fortune; though he has obſerved all poffible Application, and made
Prudence his Guide in the Management of his Trade; and though he has omitted
no Circumſtance that might naturally attract and ſecure Succeſs, yet if all is not
accompanied by good Luck, he is not ſure to proſper in his Enterprize and Un-
dertakings; for Fortune very frequently determines all contrary to Expectation,
as ſhe is whimſical, and often favours the ſilly and ignorant, whilſt the beſt and
moſt capable Men are experiencing her Frowns: This is what no one as yet has
been able to account for ; and Experience demonſtrates, that Misfortunes are
daily happening to Merchants, whoſe Probity, Expertneſs, Prudence, and Capa-
city, render them worthy of Compaſſion, and undeſerving this Reverſe of Fortune,
that expoſes them to Miſery and Contempt. Though, ſeeing Men, who follow
the moſt approved Maxims in their Buſineſs, do not always meet a correſpondent
Succeſs, but on the contrary are expoſed to Miſhaps and Loſſes; or ſuppoſing
them conſiderable Gainers by their Trade, and that they have more than ſufficient
to diſcharge their Debts, yet their Effects may undeſignedly be ſo diſperſed, that
they may be incapacitated to anſwer an immediate Demand made by ſome inex-
orable Creditors, who will give no Quarter, or liſten to the Calls of Benevolence
and Humanity: I ſay, ſeeing Men of Integrity are expoſed to theſe unjuſt Refent-
ments of uncompaſſionate Creditors, the French Laws have provided a Means, by
granting Letters of Reſpite, or Arrets of Parliament, to protect them from their
unrelenting Tempers, which I am now about mentioning.
Letters of Reſpite are always granted by the King, and Arrets of general Protec-
tion by the Parliament, and ſometimes by the King's Council, both tending to
defend an honeſt Debtor from the Proſecutions of his Creditors, during the Term
for which they are granted; and to allow him Time to liquidate his Effects, in
Order to pay his Debts, or to agree with thoſe to whom he is owing; and that he
may obtain the ſaid Protection, he muſt ſtrictly obſerve and ſubmit to the King's
(Lewis XIV.) Ordinances of Auguſt 1669, and March 1673, and to his Ma-
jeſty's Declarations of the 23d of December 1699, and that of September 1664,
which enjoins the following Particulars.
iſt. Letters of Reſpite are never granted but on important Conſiderations, to
begin with Proofs and authentick Accounts, which ought to be explained in the
faid Letters, and affixed under the counter Seal; with a State of his Effects,
which the Grantee muſt certify to be a true one, as well of his Moveables and
Immoveables, as of Debts, under Pain of ſuffering the Penalties mentioned
in the aforeſaid Ordinances; and he muſt take Care to be very exact herein, becauſe
if he is found fraudulent in any one Particular he will forfeit the Protection of the Dia. deCom.
ſaid Letters, although they have been granted peremptorily with all his Creditors, Word Celion,
and he will not only be unable to procure others, but he ſhall not even after this P: 726.Yolla
be admitted to the Benefit of ceding or giving up his Effects to his Creditors, Particulars.
which is only denied to one convicted of Fraud
and Deceit.
zd. This State, ſo drawn up and certified, ought to be depoſited at the Regiſtry
or Rolls of the Conſular Juriſdiction, if there is one at the Place of his (the Debt-
or's) Reſidence, if not, at the Town-Houſe; of which Depoſit he muſt take a
Certificate, to be fixed to the Petition he preſents to the King, Council, or
Parliament, for obtaining the Letters of Reſpite or Protection, 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 addreſſed, as that of
the neareſt Conſular Juriſdiction, a Duplicate of that State, whoſe Truth has
been ſo certified, of whoſe Depoſit he ought to procure Certificates from the
7 N
different




598
OF BANKRUPTCY.
different Regiſters, and give a Copy to each of his Creditors, as well of the
State as of the Certificates, at the Time of notifying the Letters, which are
only valid in Regard of thoſe to whom a Copy has been given, and therefore
he remains expoſed to the Proſecutions of them who have been forgotten or
neglected in the Delivery of the ſaid Copies.
3dly. If he who obtains Letters is a Merchant, Banker, or Shopkeeper, he is
obliged, beſides the Formalities before recited, and under the ſaid Penalties, to de-
liver into the Judge's Office to whom the Letters are addreſſed, his Books and
Accounts, of which he muſt take a Certificate from the Regiſter, and alſo give a
Copy of it to each of his Creditors, when the Letters are notified to them, but
previous to this Depoſit, he ought to chew them to his Creditors, that they may
examine them if they pleaſe, and ſee whether the State of his Affairs delivered in-
to the Office be a true one, and in all Refpects conformable to his faid Books and
Accounts; but he is not obliged to make this Offer till the Letters are notified,
as it is only from the Moment of their Notification, that his Failure is eſteemed,
known, or publiſhed, and that if he preſented his Books before having obtained
and published the protecting Letters, his Creditors, knowing thereby the bad
State of his Circumſtances, might Value themſelves on that Diſcovery, to make
him Priſoner, even whilſt he was foliciting the Arret, which by this Means would
be rendered unſerviceable, as the Violence offered him in the Arreſt could not
be repaired by it, for Want of its having a retroactive Effect.
4thly. To enjoy the Benefit of the Time granted by the Letters, the Debtor
ought to notify them to his Creditors, and others concerned in his Failure, who
live in the farne Place with him, in eight Days from their Date, but to thoſe re-
fiding at a Diſtance, to be counted from the eight, at one Day for every five
Leagues; and, as was before obſerved, they only protect from the Suits of
thoſe to whom they are intimated; not that the Omiſſion to notify them to ſome
of the Creditors within the ſaid eight Days renders them null and void, but be-
cauſe that in Regard to the Creditors neglected or forgotten, they are ineffectual
till after their Notification; though the Vigilance which the other Creditors have
uſed to preſerve the Effects of their common Debtor, is nevertheleſs equally ſer-
viceable to thoſe who are ignorant of the Letters, and to thoſe who have acted
either by Oppoſition, or otherwiſe endeavoured to preſerve their Dues and make
their Reaſons valid.
The Deſign of the Arret's being notified in eight Days from its Date, is to af-
ford the Creditors an Opportunity of deducing and offering their Reaſons againſt
it, if they have any, and that they may be admitted to make Proof of the Cheat,
Fraud, and Knavery of their Debtor, if they ſuppoſe, and are capable of proving
it; and it is not otherwiſe either reaſonable or jult, that he who has obtained the
Letters ſhould remain Maſter of the Time for notifying them, as he might
greatly abuſe that Liberty, either by abſconding the beſt of his Effects, or mak-
ing 'new Purchaſes, and then retiring with them into ſome foreign Part where his
Creditors cannot reach him; and this he might eaſily do, if iniquitous enough
to attempt it; as his Creditors not knowing that he was poſſeſſed of his Pro-
tection, and conſequently not ſuſpecting the bad State of his Affairs, would
naturally take no Precaution to prevent either his Fraud or Flight.
Sthly. A Merchant, after obtaining theſe Letters, is not at Liberty to pay any
one Creditor in Preference to another, nor no longer Maſter (but a Depoſitary or
Truſtee) of his Effects, which ought to be divided equally among them, and
they participate of the bad Fortune of their common Debtor, without procuring
an indirect and particular Advantage to any one of them, as this Preference is not
only unjuſt and odious, but, if diſcovered, renders the Letters unprofitable to
him that has obtained them, by their becoming null, for his having acted ſo
contradictorily to the Intent and Purpoſe of them.
And beſides this Penalty fo juftly ordained againſt the Treachery of a Debtor,
who, either through Inclination or Fear, ſo unequally treats his Creditors, to whom
he owes an unbiaſſed Juſtice, and a Part of his remaining Effects proportionable
to their Credits, the neglected or forgotten Creditors, and who have been only
paid a Part, whilſt others have received their whole Debts, have a Right (if they
have ſufficient Proofs) to demand a Drawback of as much as will be ſufficient to
put



OF BANKRUPTCY.
599
put them all on a Level, according to the common Contract which has been re-
gulated and agreed between them and their Debtor; for as the Ordinance dif-
poſes, that thoſe Creditors who ſhall have received any Effects within a ſmall
Space before a Bankruptcy, ſhall be obliged to reſtore them to the Stock; there.
is a much ſtronger Reaſon for their doing ſo who have received them after a
Failure is become known and publick.
6thly. The Letters always order the Judge to whom they are directed, that in
proceeding to their Accompliſhment (the Creditors being called) he give to the
Grantee ſuch Time as he ſhall deem reaſonable for the Payment of his Debts,
which however muſt not exceed five Years, except with the Conſent of two
Thirds of the Hypothecated Creditors; and in the mean Time the Letters grant
him fix Months Delay to ſolicit their Accompliſhment, during which Term the
attempting his Perſon, or moveable Furniture ferving his Uſe, is prohibited.
7thly. He cannot be excluded from obtaining the Arret under the Pretext of
Renunciations, which he has or might make in paſt Acts and Contracts.
8thly. Thoſe who have obtained Letters of Reſpite, &c. cannot value on them
when they are accuſed of Bankruptcy, when they are actual Priſoners, or that th
Seal is put on their Effects.
9thly. Second Letters of Refpite, or Arrets, are never granted, at leaſt without
new and conſiderable Cauſes whereof he ought to make a Beginning with Teſti-
inonies and Proofs, as has been ſaid before.
1othly. There are many Caſes in which Letters of Reſpite, &c. are not to be
obtained, viz. for Penſions, Aliments, Medicines, Houſe-hire, Crops of Corn,
Servants Wages, Hire of Workmen and Journeymen, Balances of Guardians
Accounts, neceſſary and voluntary Depoſits, Couzenage, Reparations, Damages
and Intereſts adjudged in criminal Matters, Management of Publick Money,
Bills of Exchange, Merchandizes ſeized at Marts, in Fairs, Markets, and publick
Ports, Freſh-Water Fiſh, dry and ſalted, Securities judicial and extra-judicial,
and of joint Bondſmen, Funeral Charges, Arrears of Ground-Rent, Obligations
of Long Leaſes, Merchandizes and Effects bought of the Eaſt-India Company,
or Things ſold of Uſe to it.
11thly. It muſt be remarked, that from the Moment the aforeſaid Letters are
obtained and notified, the Grantee forfeits his Honour, and is thereby not only
rendered incapable of aſpiring to any Poft, or publick Employ, but is difſeized of
them all from that Period, if he is then in Poſſeſſion, and can only be reſtored to
his loft Credit and Reputation by Letters of Rehabitation, granted by the King,
which places them in the ſame Condition with Regard to Honour, and Capacity
of enjoying publick Employment, that they were in at the Time of their Miſ-
fortunes; but theſe have never been obtained (as has been before obſerved) till
their whole Debts are paid, with Intereſt; and under theſe Circumſtances they
are ſometimes, though rarely, granted to Bankrupts alſo.
What I have ſaid concerning thoſe trading People, who have obtained Letters
of Reſpite, or general Protection, will ſuffice to thew how far, and on what Con-
ditions they are valid; and I ſhould now proceed to inform my Reader how thoſe
Bankruptcies and Failures are treated in France, who have not been able, either
through Surprize or Neglect, to obtain the ſaid Letters: But as the Wife's Fortune
or Jointure is equally regarded under any of theſe Circumſtances, I ſhall mention
the Proceedings thereabout prior to the others, as the Knowledge of that Cir-
cumſtance makes a neceſſary Part of this Subject.
It is the Uſage and Cuſtom of ſome Places in that Kingdom, for Women on their
Marriage with Men in Trade; to become Partners with their Huſbands for one-
third or half the Fortunes they bring, except it is otherwiſe agreed in the Mar-
riage Articles, and the Wife thereby exprefily renounces the ſaid Uſe or Cuſtom,
and has ſuch Renunciations regiſtered, and publiſhed, by fixing it in Writing to
the publick View, at the Place of the Conſular Juriſdiction, if there be any there,
if not, at the Town-Houſe, under the Penalty of its being null, as it is valid only
from the Day of its Regiſtry and Publication; and that my Reader may judge of
the Motives of the King's Ordinance enjoining this Circumſtance, he may pleaſe
to obſerve that in Conſequence of the Copartnerſhip, the Woman, on the Huſe
5
band's


600
OF BANKRUPTCY.
band's Failure, is obliged to come in as a Creditor in common with the others in
this Manner, viz. Suppoſing The brought a Fortune of 4000 Livres, the Half is
put into the joint Stock, and the other Moiety ſecured to her own Ufe, by Mar-
riage Articles, but remaining in the Huſband's Hands, and he failing, her 2000
Livres Stock ſinks with his, and ſhe comes in as a common Creditor, for the other
2000 Livres. On the contrary, a Woman renouncing the Copartnerſhip in the
Manner above recited, and bringing 4000 Livres Dowry, generally has in Lieu
of the expected Profits from Trade, a Sum (ſuppoſe 10,000 Livres) joined to
her Fortune, and ſettled on her by Marriage Contract; and in Caſe the Huſband
afterwards becomes a Bankrupt, ſhe is entitled to an equal Share of his Effects,
with all his other Creditors, proportionable to the ſaid Sum, ſo that the is greatly
benefited by her Renunciation, in Caſe the Huſband proves unfortunate; but as
the Publication of this Circumſtance was not formerly made obligatory, many
People (knowing the Cuſtom of the Place) were drawn in to truſt a Man who had
married a rich Woman, with much more than they would have done, had they
been acquainted with her Renunciation, as they conjectured ſhe had greatly aug-
mented his Stock, and conſequently that their Credit was well founded, and a
Compliance from the Debtor would be both punctual and ſure; when, in Reality,
the matrimonial Agreement was quite the Reverſe, and a Change of Circum-
ſtances opens to them the Fallacy of their Expectations, by expoling the little
Foundations they had to ſupport the Reaſons of what were only ideal and ill-
grounded; and to avoid a Continuance of ſuch Deceptions, the King publiſhed
the afore-mentioned Arret in March 1673, ſo that not one now can be impoſed
on in this Matter except through Indolence, or wrong Information, but may
take ſuch Steps in their Dealings with Traders under either of the aforeſaid
Circumſtances, as they ſhall deem prudent, and not run any unwarrantable
Lengths in their Credit, through a miſtaken Notion of a larger Fund for Payment
than there truly is; and thus much I thought proper to mention on this Subject
before I treated on the French Laws concerning Bankruptcy and Failures (where
protecting Letters have not been obtained) which I Thall now go through with
as much Brevity as the Nature of the Thing will admit of.
It has been remarked, in a preceding Part of this Chapter, that from the Moment
Letters of Reſpite, &c. are obtained and notified, the Grantee is deemed to have
failed, and thoſe, whoſe unexpected Misfortunes have too ſuddenly reached them to
leave Room for procuring ſuch a Safeguard, and obliged them to abſcond, their
ſo doing, and the conſequent ſealing up of their Effects, by Order from the Judge,
who has been petitioned ſo to do by ſome Creditor, is eſteemed a Declaration of
their Stopping, or Failing; and as there is a Diſtinction made in all the King's
Ordinances (before remarked) between the Man who has by a Chain of unhappy
Events been reduced to theſe Diſtreſſes, and he who has brought them on him-
ſelf through Debauchery or Deſign, I ſhall mention the Laws in Force, in Regard
both to the one and the other, and begin with thoſe concerning the innocently
unfortunate firſt, in whoſe Favour an Ordinance was made at Paris, the 12th of
March, 1678, in the following Words, viz.



By Order of the King.
Mº
ONSIEUR the Provoſt of Paris, or Monſieur the Lieutenant Civil, upon
what has been repreſented to us, by the King's Attorney, that it has for ſome
Months paft been perceived, by the Requeſts that have been preſented us, that
many Merchants, Bankers, and other Traders, have been obliged to retire from
this City, and to abandon their Effects and Families, and having determined to
know the true Cauſes of their Retreat, and examine whether it might be preſumed,
that the Knavery and Deſign of committing fraudulent Bankruptcies had made
them take that Reſolution, it has been found, that it has been more through ill
Luck than Knavery; and that many foreign Bankers and Merchants, who have
failed and broke, have carried away, and diverted large Sums, which were owing
to the Bankers and Merchants of this and other cities of the Realm, which
has reduced and put them in a Condition, not to have ready Money ſufficient to


acquit
OF BANKRUPTCY.
601
acquit the Bills of Exchange, daily falling due, although they have more, or as
much in Effects, as in Debts : And as it is juſt ſeverely to punilh fraudulent
Bankruptcies, according to the Rigour of the Ordinances, it is not leſs ſo, to hinder
that Merchants and Bankers who have truſted their Money with Strangers, under
the good Faith or Credit of Trade, ſhould not be treated in the ſame Manner as
if they had committed a Cheat, and that their precipitated Abſence to avoid a
Priſon, and the conſequent Charges hindering their Return to Trade, and Re-eſta-
bliſhment of their Credit, require that ſome Proviſion be made in it. And we,
having Regard to the Requeſt of the King's Attorney, do ordain, that all Mer-
chants, Traders, Bankers, and others, concerned in Commerce, who, without
Fraud, find themſelves in a Condition unable to diſcharge their Debts, whether
for Bills of Exchange or otherwiſe, by Reaſon of the Loſſes they have met with,
may appear before us by Petition, to which they ſhall tack Duplicates of two Ac-
counts, which they ſhall ſign and affirm to be true; the one of the Value of their
Effects, and the other of their Debts; in Virtue of the Ordinance which ſhall be
put at the Bottom of the Petition, they ſhall ſummon all their Creditors the fol-
lowing Day to appear before us, to agree among themſelves, or two Merchants,
or other Perſons they know, who ſhall examine the Accounts, and make a ſum-
mary Inventory, and value and appraiſe their Effects, in an amicable Manner; and
to agree together on the Terms and Times of Payments, and Remiffes if any are
made, and tell the faid Effects in a friendly Way, if poſſible, and after having
heard the Merchants which ſhall have been named, proceed to the Confirmation
of the Contract, which ſhall have been paſſed, in all Things appertaining to it,
the whole without Expence or Application of the Seal, though without Prejudice
to the Creditors, who ſhall become Accuſers of a fraudulent Bankruptcy, and to
the King's Attorney to proſecute extraordinarily, and demand the Sealing of the
Effects of thoſe who ſhall have abſented themſelves, or become Bankrupts, em-
bezzled, hid, and concealed their Effects in Prejudice to their Creditors, upon
which Petitions Jet Juſtice be done. And the preſent Ordinance ſhall be read,
publiſhed, and affixed, where Need ſhall be, &c.
And in Conſequence of this Ordinance, a Merchant who finds himſelf in the
unhappy Situation it treats of, and (to avoid the Violence which ſome of his Cre-
ditors may offer him) has abfconded (if prudently adviſed) will by ſome Friend
folicit a ſafe Conduct from them for fifteen Days, or a Month, that he may ap-
pear and render an Account of his Actions; and after having obtained it from the
greateſt Part, if there is any one who refuſes to ſign it, he ought, before diſco-
vering himſelf, to petition the Judge and Conſuls, or other Royal Judges, or even
the Parliament; and it would be ſtill better, in order to evitate all Tricks and
Shifts to ſolicit the Confirmation with thoſe who have ſigned, and a Permiſſion
to ſummon the Refuſers for to decree and ordain, that it ſhall be allowed by
them, and in the mean Time they ſhall be prohibited attempting his Perſon or
Effects ; upon which Petition a Sentence or Arret will be given, granting his De-
mands; the which being carried to the Regiſtry, it ought to be noted to the diſ-
ſenting Creditors as ſoon as poſſible.
If all the Creditors are not reſident in the ſame place with him, but ſeveral of
them in other Towns of the Realm, he muſt write them to come, or ſend their
Procuration to ſome one of their Friends to attend the Aſſemblies of the Creditors
who are preſent, that they may have no Reaſon to complain of him. The ſecond
Thing this unfortunate Trader ought to do on his return Home, if he has the Seal
put on his Goods and Effects, is to requeſt the taking it off in an amicable Man-
ner, but if this is refuſed, it muſt be ordained by the Authority of Juſtice. And
the third Thing is, that from the Moment he receives his Books again, he muſt
make 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 aſſemble to examine his Affairs, and
this is in Conformity with the ſecond Article of the Eleventh Title of the Ordi-
nance in 1673.
Having drawn out his Accounts in the moſt exact Manner, he muſt put the
following Certificate at the Bottom of them, viz.
I The




70
1
602
OF BANKRUPTCY.
ca
I
of all my Effeets, as well Debtor as Creditor, contains the Truth, and that I have
not omitted any Thing, or made Uſe of any Perfons, or Names in it, that are not
my true and lawful Creditors; in Faith of which I have ſigned the Preſent, the 29th
of May, 1750
And it is not ſufficient that he has drawn out this State, but he muſt alſo ſtrike a
Balance for the greater Eaſe of his Creditors, that they may ſee with a Caſt of
an Eye the Truth of his Affairs, and what they have to expect; and he muſt like-
wiſe put underneath the ſaid State, an Account of all the Loſſes that have happened
to him, whether by Shipping, Bankruptcies, or otherwiſe, the Intereſts that he has
paid, and his Houſe Expences, that he may juſtify his Conduct to his Creditors,
in Caſe he has not Effe&ts fufficient to pay them their whole Due, that they may
have nothing to reproach him with.
When he is ready to render this Account to his Creditors, of his Conduct and
their Eſtate ; he muſt convoke an Afſembly of them, by Summons ſent in Writing
to each of them, and being all met, his Behaviour to them ought to be free from
Affectation, either of too great Dejection or Arrogance, but with ſuch Concern and
Humility, as a juſt Reflection of his Circumſtances will naturally excite; and al-
though ſome of them ſhould ſo far degenerate from Reaſon and good Manners as
to be abuſive and flanderous in their Treatment of him, it ought not to exaſperate
him to make correſpondent Returns; but command his Paſſion, by reflecting that
it is not every one has Philoſophy enough to bear Loſſes with Temperand Equality
of Mind, and it is probable what they ſuffer by him (though he could not help it)
may reduce them to the ſame Condition with himſelf; therefore Allowances ought
to be made, and no injurious Language returned from the unhappySufferer,though
ſuch a Shock is certainly not the leaſt of his Misfortunes; however, he ought to
ſubmit 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 Inſolvent may then deliver
them into the Regiſtry, as was before ordered to be done, by thoſe who had pro-
cured Letters of Reſpite, &c.
At the firſt Meeting of the Creditors there is feldom much done, the greateſt Part
of the Time being generally employed in Complaints and Injuries againſt the
Failed, and at moſt Directors or Aſſignees are choſen to take Care of the common
Intereſt of the Creditors, to fee and examine the Books and Papers of the Debtor,
and to fix the Days of meeting to conſult about the Affair.
It is to be remarked that while this is tranſacting, each Creditor in particular
endeavours,as much as he can, to get himſelf paid the fullof his Debt; theEngage-
ment in which he ſtands with his Debtor renders him ingenious and fertile in In-
ventions to incline him to confent to his Demand; one by threatening to profecute
him as a fraudulent Bankrupt, and afferting that it will not be difficult to bring
Proof of his Knavery; another menaces him with his Determination of hindering
his Compoſition by his Influence and Intereſt; whilſt a third flatters and ca-
reſſes him, laments his Misfortunes, and affecting a Generoſity, offers him his
Purſe, proteſts never to forſake him, that he may depend on his uſing all his In-
duſtry and Powerto facilitate his. Accommodation, that it is unreaſonable he ſhould
be deſpoiled of all his Effects, and heartily pities both him and his Family; in
fine, he makes uſe of every ſoft and coaxing Expreſſion which he thinks may
in-
fluence his Debtor, and incline him to diftinguiſh this Flatterer from the Reſt of
his Creditors, by fatisfying him at their Expence. But if unable to prevail, and
the Lamb's Skin has been of no Service to him, he quickly puts on the Lion's, and
there are no Sorts of Threats or Injuries he leaves unuſed to the unhappy Debtor,
who, combated by Hopes and Fears, ſometimes falls into the Snares laid for him,
and quits thoſe juſt Rules of putting all his Creditors on the fame Footing, and
by fo doing, completes his own Ruin, for the Fawnings and Menaces of Credi-
tors can in no Shape operate to the Prejudice of an honeſt Bankrupt, who has
punctually



1
2 2
-
V
603
ave been
swards. To examine the Tranſactions, Contracts of Compoſition, Bonds, Pro-
OF BANKRUPT Y.
punctually rendered an exact Account of his Condúet and Affairs as the Låtta
directs.
24 But having hitherto only mentioned the Duty of the Debtor, I thảll proceed to
hint the Obligation of the Creditors: And the firſt Step they ought to take when
aſſembled about their common Affairs, is to elect ſome among them for Allignées
by the Plurality of Votes, who are Men of Probity and Capacity, to ſee and examine
the State of their Debtor's Affairs, and to make their Report about them; and that
they may proceed with the greater Order and Regularity, if the Failure is verycon-
fiderable, it is adviſable that they chuſe a Notary to receive the Aets of the Credi-
tors Deliberations, and for this it is neceſſary to aflign the Place; and Days of their
Meeting, that no one may pretend Ignorance; and for the Security of thoſe
elected, the Act of their Nomination ought to be approved and confirmed by the
.conſular Juriſdiction, if there is one, or in the Royal, or in the Parliament's,
if there is any in the Town or City where the Failure has happened.
The Power which the Creditors ordinarily give to the Allignees, is,
iſt, To proceed in taking off the Seal, if it has been put on.
2d, To deſcribe and inventory all the Debtor's Effects, as well active as paſſive,
which ſhall be found belonging to him; and alſo his Books, Letters, and other
Papers and Inſtşuctions which can ſerve to the Eclairciſſement of his Affairs.
3dly, To ſee and examine the State which he ſhall have given in; his Books
and Accounts, and whether they have been regularly kept according to the
Ordinance.
4thly, To fell the Merchandiſe and Houſehold Goods of the Bankrupt, and
pay the Money into the Hands of the Notary that ſhall have been chofen, or
to any other that the Creditors ſhall direct.
5thly, To recover all the Debts, and to undertake all the neceffáry Proceedings
miffory Notes, Bills of Exchange, and other Proofs of thoſe who pretend
themſelves Creditors of the Failed: From all which Things to make a good
and faithful Report to the general Affembly of Creditors, which ſhall meet for
that-Intent.
And the Aflighees of a Failure ought to obſerve the following Maxims :
briftzi They ought never to abuſe the Authority given them by the Creditors, in
favouring the Bankrupt to their Prejudice, from a Motive of private Intereſt, as
this wculd be wanting in that Honeſty which ought religiouſly to be obſerved by
thoſe who are charged with the Management of joint Affairs.
2dly, As it often happens that the Creditors of a Bankrupt are not all Inhabi-
tants of the Town of his Reſidence, but of feveral others in the Kingdom, who
defire their Friends co affiſt at the Affemblies, only to fee what paffes, without a
Power of engaging them in the Reſolutions of the Creditors: This Maxim ought
to be obſerved y never to admit any one to their Meetings who are not Bearers of ſpecial
Powers, for Confent; and agreeing to all that ſhall be deliberated and done by Plu-
rality of Votes; though this Plurality is not to be counted by the Number of Per-
fons, but the Import of their Debts (or in other Words, not by Number but Value)
and the Creditors to whom three Fourths of the whole is owing, ſkall decide this
and every other controverted Affair.
zdy, The Affrgnees having got their Power authoriſed in the accuſtomary
Manner, ought in the firft Place to take with the Commiſſary a Copy of all the
Opponents to what is ſealed of the Failure, and to make them afſign a certain
Day and Hour in his Houfe, for to come and fee, and conſent to the taking
it off; and whereas in theſe Meetings, each Opponent has his Attorney, ſo that
ſometimes there nray be thirty of them, it ought to be ſettled and ordained,
that the ancienteft fhall plead for all the Opponents, in order to evitate the
great Expences that would otherwiſe occur, from each Opponent's having one
to plead for him.
Serige
4thly, If, on inventorying, any Creditor claims the Merchandiſe that he ſhould
have fold to the Debtor he niuſt give a Deſcription of it, as well in Reſpect to the
Quality, as of the Quantity and Colours, whether both Ends are uncut, and the
Lead



+ is owing, Stall decide ti
604
OF BANKRUPTCY.
tary a
Lead untouched whereon is imprinted the Mark and Ticket on which is wrote
the Name of the Reclaimant, and which gives hin a Right to the pretended
Return; this being the Cuſtom always practiſed and obſerved on ſuch Occaſions,
in Order to prevent unhappy Conteſts, which might ruin both the Debtor and
Creditor in Expences.
Sthly, The Inventory and Deſcription of the Merchandiſes, Houſehold Goods,
and Papers appertaining to the Failed being made, the Affignees ought diligently
to ſee and examine the Books and Entries of the Bankrupt, in order to find out
whether the State which he has given in be conformable to them, before they
proceed to the Sale; and they ſhould make a Calculation as near as poſſible of the
Value of his Effects, which they ſhould report to the Creditors at the next Af-
ſembly, that it may there be diſcuſſed, whether it will be moſt for their Intereſt
to put the Effects into the Debtor's Hands, under proper Clauſes and Conditions,
or to diſpoſe of them entirely, and part their Produce among them.
6thly, But before they proceed to the ſaid Deliberation, the Debtor ought
to juſtify his Conduct to them, and clearly prove how his Loſſes have ariſen;
as it would be imprudent to truſt a' Man with the Management of their Af-
fairs, by returning him his Goods, of whoſe Integrity they ſhould have the
leaſt Suſpicion.
7thly, After having examined the Conduct of the Debtor, they ought alſo
ſtrictly to ſcrutinize the Pretenſions of every Creditor, to ſee that their Demands
are juſt, as on theſe Occaſions Tricks and Cheats are too frequent.
8thly, In examining the Books and Papers, the Aſſignees ſhould carefully
remark, whether the Bankrupt has not made any illegal Sales or Ceſſions of his
Effects; which becomes ſo, if they are not tranſacted at leaſt ten Days before
the Failure is publickly known, and all Agreements or Conveyances whatſoever,
made or done within theſe Limits, become null and void by all the King's Or-
dinances, although all the Acts and Obligations of them are paſt before a No-
with it among his Creditors.
9thly, After the Aflignees have exactly performed all Things before-mentioned,
and made the neceſſary Remarks upon the Vouchers and Evidences concerning
the Debt of each Creditor, they ought to draw out an exact Balance of all the
Effects, in order to give the Creditors an Inſight into the Debtor's Affairs, and
thereby make them capable of judging how to act moſt for their mutual Benefit,
and to determine whether it will be moſt advantageous for them to return him all,
and wait a reaſonable Time for the Recovery of their entire Dues, or to adjuſt
the Payment with a certain Loſs, or to ſell all and divide the Produce.
And the preſenting the ſaid Balance to the Aſſembly, which the Affignees ſhall
convoke for that Purpoſe, ought to be done by the moſt capable among them for
explaining it; and he ought to be ſo circumſpect in his Behaviour on the Occa-
fion, as to give no Offence by exclaiming againſt 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 theſe Complaints ſhould only be made
to the ſuppoſed Offenders by themſelves, and not in a general Aſſembly, it being
ſcandalous and may move the Paſſions of ſome, who may not have all the Honeſty
and Civility that could be wilhed, to be influenced by the Outcry and unreaſonable
Violence, to turn the Meeting into a Crowd and Rout, and fruſtrate the Deſign
of their aflembling, by diſperſing them with
Noiſe without coming to any Re-
ſolution.
if it is judged neceſſary 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, notwithſtanding any Oppoſition
or Appeal
by the fewer Number; and
it is equally conformable to the King's Ordinances, to pay off any Mortgage or
Rent-Charge (as theſe carry Intereſt) with the ready Money that ſhall be found
in Caſh, although the Minority ſhould be againſt it; and this Minority is always
to be underſtood not to exceed one Fourth Part of the Creditors in Value, fo that
when three Fourths of them conſent to any Thing, the Oppoſition of the one
Fourth is not to be regarded. The
What



OF BANK R U P T C Y.
Cois
What has been ſaid hitherto, only regards the Perſon who breaks through
adventitious Loffes and Misfortunes, and who conſequently merits the charitable
Attention of his Creditors; and I proceed to ſpeak of the Treatment that the
fraudulent French Bankrupt has to expect from the Laws of his Country, and
every one unhappily concerned with him.
The Bankrupt, who becomes ſo with the premeditated Intention to cheat,
and unjuſtly riſe up with the Effects of thoſe who have truſted him, deſerves not
only the Averſion of all his Creditors, but of the Publick, and merits an exem-
plary Puniſhment; a fraudulent Bankrupt being worſe and more infamous than a
Highway Robber, as Travellers generally go provided to defend themſelves from
theſe latter, though it is not ſo eaſy to guard againſt an Attack from the malicious
Deſigns of ill-intentioned Men.
The fraudulent Bankrupts are thoſe who embezzle and convey away their Effects
to feigned Creditors, that by their Means they may bring their real ones to greater
Conceſſions, and benefit themſelves by the Sums, thus iniquitouſly obtained; thoſe
who put their Effects under Cover of fictitious Names, by falſe Sales of their Eſtates
or Goods, and by pretended Ceſſions, or Conveyances of them ; in fine, thoſe
who deſtroy or hide their Books, Records, Papers, or Documents, to hinder an
Account of their Effects from coming to the Knowledge of their Creditors, muſt
alſo be reputed, and counted among the Number of fraudulent Bankrupts.
There is nothing ſo pernicious or dangerous to the State and Publick, as fraudu-
lent Bankrupts, for which Reaſon, a Puniſhment ſufficiently ſevere, and ade-
quate to the Crime, is hardly yet diſcovered, notwithſtanding there are many
Ordinances ſubſiſting, which decree exemplary Chaſtiſements to thoſe, who
maliciouſly and in Fraud of their Creditors become Bankrupts, though till the
Time of Henry IV. this Crime was not puniſhable with Death ; but the Fre-
quency of it in that Prince's Reign, induced him to change the more lenitive
Laws of his Predeceſſors, into the ſevere one now mentioned.


E
1
Of Bankruptcy in Holland.
XPERIENCE daily demonſtrates that it is in Places of the greateſt Com-
merce that Failures and Bankruptcies moſt frequently happen; and the Rea-
fon is not difficult to be diſcovered, as it is clear that among a great Number of
Merchants, it would be a Sort of Miracle if all of them were equally ſucceſsful in
their Enterprizes; if it were otherwiſe, to commence Merchant, and lay a Foun-
dation for Riches and Proſperity, would be the ſame Thing. But God has ſo
diſpoſed the Affairs of this world, that we often ſee one Merchant ruined and
undone by the fame Trade which has enriched another; and on the contrary,
that Traffick, which has been productive of great Wealth to ſome, has proved
ruinous and deſtructive to the Eſtates and Fortune of others. But not to dwell on
theſe Reflections, I ſhall mention the Diſtinction made here between two Sorts of
Bankruptcies, Failures, or Breakings, which are three ſynonimous Words, and
though they frequently expreſs the ſame Thing, the one however is more ſoft
and leſs heavy or burthenſome than the other; for the Name of a Bankrupt is op-
probrious and odious to all honeſt Men, and is only applied to thoſe who become
lo to enrich themſelves at their Creditors Expence, or thoſe who give Room to
ſuſpect the Honeſty of their Intentions, when they ſtop lightly, or for trivial
Cauſes ; inſtead of its being only ſaid that ſuch a one has been unfortunatė, or
had the Misfortune to break, when it is ſeen that he is reduced by inſupportable
Loſſes, which every honeſt Man is expoſed to, by a great Number of unforeſeen
Accidents; but if he deſigns always to continue his Integrity, and not wound his
Conſcience in detaining for himſelf his remanent Effects, which are juſtly 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 himſelf to
their Mercy and Diſcretion.
So that in my Opinion the Chamber of the deſolate Funds (called in Dutch, de
Kamer van de deſolate Boedels) which we have in this City (Amſterdam) was not
eſtabliſhed for this laſt Sort of Perſons, but with the ſole View to prevent the
Knavery
7 P
боб
OF BANKRUPTCY.
Knavery of thoſe who in Breaking would detain to themſelves the greateſt Part of
the Effects they poſſeſs, and fruſtrate their Creditors Endeavours to ſecure them;
for when an honeſt Man has the Misfortune to fail, he makes no Difficulty of de-
claring it to his Creditors, and frankly to communicate the State of his Circum-
ſtances and Effects; and if his Creditors find that the Loſſes and Diſaſters, which
he alledges to have been the Occaſion of his Stopping are true, and that his Inte.
grity ſtands unimpeached, they frequently agree on Terms ſettled among them-
felves, leaving him ſomething wherewith to endeavour his Re-eſtabliſhment;
but if it happens that any of the Creditors refuſe to ſign this Agreement, he is
obliged to declare his Affairs at the Chamber afore-mentioned, which (after the
Formalities in the following Ordinance) will oblige the Refuſants to ſubſcribe the
Agreement, if it has been ſettled between the Inſolvent and two Thirds of the
Creditors for three Quarters of the Debt, or three Quarters of the Creditors for
two Thirds of the Debt, as will be ſeen in the ſubſequent Ordinance.
Inſtructions and Orders for the Commiſioners of the deſolated or ruined Eſtates.
THE
HE States of Holland and Weſt-Friſe make known, that is has been remon-
ſtrated to us by the Burgo-maſters and Regents of the City of Amſterdam, that
they thought proper fome Years ago to eſtabliſh in the ſaid City a Chamber for
the defolate Eſtates, under certain Regulations, as was then convenient; that
they, the Remonſtrants, having ſeen ſuch abundant Fruits and good Effects,
that they were in the Deſign, not only to continue it, but were deſirous alſo
to provide for it by a more particular and ample Ordinance, drawn up on a
Plan, which the Commiſſioners of the ſaid Chamber have made, and which
they have found to be advantageous and neceffary, by the Experience they have
had, according to the Terms of the Copy, which has been delivered us, and
hereafter inſerted'; that to the End ſo good a Work might have a greater Force
and Virtue, the Remonſtrants have prayed, that we would be pleaſed to give
our Approbation and Grant, in the beſt and moſt ample Form, containing the
ſaid Inſtructions and Order as follow:
I.
In the firſt Place, there ſhall be yearly appointed, on the 4th of February, by
the Lord Juſtices, five fit Perſons, for the Direction of the Chamber, of which
two ſhall be taken from among the old Echivens (which I think may be tranſlated
Aldermen) and the others to be expert in Trade.
II.
Of theſe Commiſſioners there ſhall be at leaſt two continued for three fuccef-
five Years, but not for any longer Time; and touching the Election and Con-
tinuation of others, it ſhall be done as is Cuſtomary in the other Banks and
Chambers directed by Commiſſioners.
III.
The ſaid Commiſſioners ſhall aſſemble daily to attend all the Affairs which may
happen in Relation to the inſolvent Funds or Eſtates.
IV.

When there are any inſolvent Eſtates in the ſaid City, or its Juriſdiction, either
by Death, or Failure of ſome Perſon, and that it ſhall have come to the Know-
ledge of the ſaid Commiſſioners, they ſhall immediately go with their Secretary
(who fhall be ordered thereto) and in their Preſence, or others appointed thereto,
exactly inventory all the Effects, and put them in good and ſafe Cuſtody, to the
Creditors greater Advantage, and as they judge they ought to be; they ſhall alſo
fecure without Delay the Books and Papers appertaining to the ſaid Éſtates.
V. The
OF BANKRUPTCY.
607
V,
The Effects being ſo inventoried and ſecured, with the Books and Papers, they
ſhall give Order, that two or more Perſons be appointed Truſtees of the faid
Funds, who by Letters or Expreſs (if it is neceſſary) Thall endeavour to ſecure all
the Eſtates, Effects, and Debts, belonging to the ſaid Funds, whether within
or without the Juriſdiction of that City, or of this Country,
VI.
This being all done, there ſhall be let paſs at leaſt fix Weeks, or more, at the
Diſcretion of the Commiſſioners, without proceeding to the Sale of any of the
Effects; but the ſame Time ſhall be left to the inſolvent Perſon, or to the Rela-
tions of the deceaſed, to the End that in the ſaid Space, they may find ſome
Method to ſettle with the Creditors; nevertheleſs the ſaid Truſtees ſhall be
uſing their Endeavours during that Time to recover whatſoever is due to the
Inſolvent, and to procure and promote the Creditors Advantage.
VII.
And to the End that in ſuch Compoſitions every Thing be done in Order, all
Merchants or others who have already failed, or become inſolvent, or that ſhall
hereafter fail or become inſolvent, and their Heirs, may convoke or ſummon all
their Creditors before the Chamber of the deſolate Funds, by Citation of Bills
fixed up, or by Letters of Advice to thoſe who live without the Diſtrict of this
City; and that in Preſence of the ſaid Commiſſioners, or the greateſt Part of
them, they may (after a fincere Opening and Declaration of the State and Con-
dition of their Stock, as alſo a true State of their Debts and Dues) undertake
and draw up a Compoſition or Agreement, for the Payment of what they owe,
totally, or in Part, in ready Money, or in ſuch a Time (giving Security) as they
are able, and that the Parties ſhall think reaſonable,
VIII,
And the Minority of the Creditors ſhall be obliged to follow and conform
themſelves to the Majority; the which ſhall be three Quarters of the Cre-
ditors for two Thirds of the Debt, or two Thirds of the Creditors for three
Quarters of the Debt.
IX.
But thoſe who have Securities or Pledges, ſhall not be admitted to the Agree-
ment; but only thoſe who have been Securities, who alone ſhall have a per-
fonal Action for their Indemnity, and the fame Right, and of the ſame Na-
ture with perſonal Creditors.
Xi
All thoſe who pretend to be Creditors of an inſolvent Eſtate, ſhall alſo be
obliged to juſtify their Debts before the Commiſſioners of the deſolate Funds,
who in Caſe of Diſpute ſhall determine it, whether the Failed has agreed or not.
XI.
No Agreement begun between the Failed (or any one on his Part) and the
Creditors ſhall be made nor concluded, but with the ſaid Commiſſioners Conſent.
XII.
The Agreement between the Inſolvents (or their Heirs) on the one Part, and
their Creditors on the other, being made under ſufficient Security, and ſigned by
the
608
OF BANKRUPTCY.
the Creditors, or the greateſt Part of them; the Parties agreed, and their Effects,
ſhall be diſcharged from the ſaid Chamber, and reſtored to their former Liberty,
to trade, receive, and pay, in the fame Manner as before their Failure, after
paying the ſaid Commiſſioners all the Expences occaſioned on Account of their
faid Affairs, at their Diſcretion; ſo that in the mean Time they ſhall not
ſatisfy 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 ſhall be obliged to furniſh and put into the
ſaid Commiſſioners Hands, as ſoon as the Agreement ſhall have been paſſed as
aforeſaid, on the Day and on the Terms therein contained, for the Security and
Advantage of the Creditors, the Sums they ſhall have promiſed, pro rata, of
what they owe, to the End that the ſaid Creditors may receive their Sum from
the ſaid Commiſſioners when they ſhall come to ſign the Agreement.
XIV
Nevertheleſs, if it is found that the Inſolvent or his Heirs have acted knaviſhly
and fraudulently, in, or after making the Compoſition, either by having hid his
Books, Letters, or Papers, removed their Effects, Merchandiſes, or Debts, con-
veying them away to defraud their Creditors; or that they have underhand
agreed with ſome one of the Creditors on other Conditions : Such ſhall not
only have their Agreement ſet aſide; but ſhall be corrected and puniſhed accord-
ing as the Caſe requires.
XV.
And thoſe who ſhall pretend to be, and make themſelves paſs for Creditors
(without being fo) by an Underſtanding with the Inſolvents, or from their own
Motive, againſt their knowledge, or that demand a greater Sum than their Due
(in order to wrong the Creditors, and Benefit the Inſolvent) they ſhall be pu-
nished as Cheats, and beſides be condemned to pay, as their own Debt, all the
Creditors,
XVI.
The aforeſaid Time of fix Weeks, or more, at the Commiſſioners Diſcretion,
being paſt, without their having been able to mediate an Agreement, the Truſtees
ſhall proceed directly to the Sale of the Effects, as well moveable as immoveable,
as alſo the Stocks and Credits, provided that the Immoveables are not ſold with-
out the Conſent of the Echevins, and between the iſt of November, and the
2d of February (dans lez douze Nuits). But the Merchandizes, Furniture,
and other Effects, may be fold publickly, and at Auction, at the Diſcretion of
the ſaid Commiſſioners, without Prejudice to the Rights of the Secretaries and
Keeper. But in Caſe there fhould be among the Effects ſome Merchandize,
which it ſhould be thought proper to keep for ſome Time unfold, either upon
Account of an apparent Riſe or Price, or for ſome other ſtrong Reaſon alledged
by the Truſtees to the Commiſfioners, then the Sale of the ſaid Merchandize
may be retarded for ſome Time, but not otherwiſe.
XVII.
All this being performed, the Commiſſioners ſhall appoint a Day for their
Sitting on the Acts of Preference and Concurrence, by which Day all the
known Creditors inhabiting this City ſhall be ſummoned by the uſual Cita-
tion, thoſe Abroad by Letters of Advice, and the unknown by Bills fixed up;
with a convenient Interval of Time, to the End that on the ſaid Day they may
come to give in their Names and their Acts of Pretenſion, whether they be
for a Preference or Concurrence.

XVIII.
OF BANKRUPTCY,
609
XVIII.
The fixed Day being come, the Commiſſioners ſhall firſt proceed to examine
the Debt, and the Preference of every one of the Creditors preſent, who ſhall
endeavour to agree on this Subject : If this cannot be done, the Creditors, who
cannot agree together, ſhall each be ordered to deliver into the Commiſſioners
Hands, in the Space of fourteen Days, according to the State of Affairs, a diſtinct
Demand, with the neceſſary Pieces and Documents properly inventoried, on
Penalty, that if, in the aforeſaid Time, any one ſhall be found that has not fur-
niſhed the ſaid Demand, he ſhall be held and regarded as deſiſting from his
Pretenſion, and Right ſhall only be made on the Demand, and on the Evi-
dences delivered by the other Pretenders : Thoſe alſo, who in the ſaid fourteen
Days have furniſhed their Inſtruments and Proofs, may demand, in other
fourteen Days after, a Copy of the Pretenſions and Deeds of every one of thoſe
who have produced them, to the End that in other fourteen Days following,
they may write to debate and contradict, without allowing any longer Time for
it; but after the ſaid Time of twice fourteen Days, the Thing ſhall be held to
be in a Condition to be judged, and the Commiſſioners ihall decree upon the
Inſtruments which Ihall be till then delivered.
XIX.
The Preference being regulated and determined, thoſe who think themſelves
aggrieved thereby, may appeal in ten Days after
the Publication, or after they
have had Knowledge of it, to the Echevins, in Conformity with the thirteenth
Article of the eighteenth Cliapter of the Ordinance, and the Inftruments ſhall re-
main in the Secretary's Hands until the ſaid Time is paſt, or till the Appeal is re-
nounced; ſo that the Impetrant, or Petitioner, muſt, after having received Ap-
pointment from the Auditor, diſpoſe ſo, that they be put, all perfect and con-
cluded, in ten Days after the Demand, into the Eſchevin's Hand, to be adjudged
ex iiſdem ačtis A BENE VEL MALE, under Penalty of a Nonſuit, or
dropping the Appeal; and the Sentence of the Eſchevins ſhall be proviſionally
executed, without Diminution, and without Prejudice of more ample Pleadings.
1
XX.
The Commiſſioners Thall afterwards proceed to a Repetition, without attend-
ing that all the Money be fallen due or come in; but thoſe who are to be prefer-
red to others ſhall be admitted, in Order to receive their · Debt, on giving an Ac-
quittance and Security, or elſe on receiving it from the Hands of the Commif-
foners, according to the State of the Affairs of the Effects, and the remaining
Money íhall be diſtributed and paid to the other Creditors pro rata, under a parallel
Security, which ſhall be given in the Secretary's Office. Nevertheleſs the Cre-
ditors, who in Right, as Thall be found in the Sequel, ought to be firſt; as alſo
thoſe who have not been able to learn the Settling of the Preference and Con-
currence foon enough, may demand a freſh Day to appear in, to the End that
they may be heard, at their Expenſe, on the Preference and Concurrence:
XXI.
If a Tenant of any Houſe he inhabits, happens to fail between the Month of
May and the firſt of December, in this caſe the Proprietor, or he that let the
Houfe, ſhall retake it for the Years the Leaſe has yet to run, and ſo diſcharge
the Eſtate; ſo that he ſhall only have the Right of Preference upon the Effects
which ſhall be found in Kind in the Houſe, for the Hire of the current and pre-
ceding Year, and for no longer; and for what might be due to him before that
Time, he ſhall equally concur with the other Creditors.
7 Q
XXII.
610
BANKRUPTCY.
.0 F
XXII.
But the Failure happening between the firſt of December and the Month of
May following, the Rent ſhall remain for Account of the deſolate Funds for a
Year, commencing from the Month of May, except the Proprietor Thall think
proper to retake upon him the ſaid Houſe for the ſaid Year.
XXIII.
And as the Advantage of the Creditors conſiſts in having the Affairs of an Eſtate
ſoon finiſhed, and that honeſt Men may have their own the ſooneſt poſſible, the
Creditors that would prove their Debts, or that would proclaim ſome Effects from
the Eſtate as their Property, ſhall henceforward proceed in the firſt Inſtance be-
fore the ſaid Commiſſioners in the following Forms againſt the Truſtees, who in
this Caſe ſhall be Defendants, and who on the contrary ſhall proceed as Plaintiffs
againſt thoſe who ſhall be found to be Debtors, or reſponlible to the Eſtate.
XXIV.
The Creditors who would prove their Debts, and all others reclaiming any
Effects of the Eſtate, as their own, ſhall be obliged to enter their Action
againſt the Truſtees in the Time, or at lateſt before the Sitting for the Pre-
ference and Concurrence, and before the Sale and Removal of the ſaid Effects;
and to this End they ſhall appoint the Truſtees three Days before by ſending
them their Demands with the Citation, as alſo a Copy of all the Inſtruments
and Papers of which they intend to make Uſe; and in Caſe the Plaintiffs do
not appear on the Day appointed, they ſhall be nonſuited, and the Inſtance
diſcharged with Condemnation of Charges, which the Plaintiffs ſhall pay bea
fore they can make a new Inſtance.
XXV.
But if any one has arreſted the Effects, which he maintains to be his, he ſhall
be obliged to cite the Truſtee within the third Day of the Arreſt, and to eſtabliſh
his Action under Penalty of a Nonſuit.
XXVI.
The Truſtees being cited or appointed as before, and not appearing, there
ſhall be Default againſt them; and on having a ſecond Citation, and not ap-
pearing, the Commiſſioners ſhall judge upon the Demands and Papers of the
Party appearing alone, and thoſe ſummoned ſhall be condemned to the Expence
of the Proceſs, propter contumaciam.
XXVII.
?
The Parties ſummoned appearing, the Cauſe muſt be pleaded and determined
forthwith, without giving or taking a Day to reply, except fome ſtrong Reaſons
induce the Commiſſioners to permit it.
XXVIII.
If the Truſtees fummon any one in the Manner aforeſaid, and afterwards they
do not appear themſelves, they ſhall be nonſuited; with the fame Advantages to
the Perſon ſummoned as is before mentioned; and in this caſe the Truſtees ſhall
be obliged to pay the Expence out of their own Pockets.
2
XXIX.
OF BANKRUPTCY.
611
XXIX.
But the Parties ſummoned not appearing, the firſt Default ſhall be granted, with
a ſecond Citation for the Week following, and on Non-appearance the ſecond Time
(the Citation being duly made) a ſecond Default ſhall be granted, with a provi-
fional Aſſignment, and a third Citation to ſee to change the Aſſignment into a
definitive Condemnation, or to eſtabliſh a Right in ſome other Manner.
XXX.
But if the Parties ſummoned appear, they may conclude and finiſh their Cauſe
in Pleading, or take a Day in the following Week, on which Day the Cauſe com-
ing again to be conſidered, it muſt of Neceflity be then determined and con-
cluded, if the Commiſſioners have not Reaſon to order otherwiſe,
2
XXXI.
The Truſtees having arreſted any Perſon or Effects, ſhall be obliged at the
Inſtance of the arreſted or intereſted Perſon, to bring the Proſecution in three
Days before the Commiſſioners, to make their Demand and join Iſſue; upon
which, the Perſon arreſted or intereſted muſt anſwer, or that he takes a Day
to do it, without derogating from the proviſional Determination, under Secu-
rity, if the Thing is found to be ſo diſpoſed; but the Perſon arreſted or inte-
reſted, not making any Proſecution, the Arreſt ſhall be brought back and pro-
ſecuted the next Vierſchar, according to Cuſtom.
XXXII.
The Cauſe being prepared and pleaded, the Commiſſioners ſhall diſpoſe of the
Proviſion, or Principal, according to the State wherein it is found, and if either
the one or the other Party will appeal, the Cauſe ſhall be carried and proſecuted
before the Eſchevins, on the Rolle Privilegie (privileged Liſt or Catalogue) who
ſhall determine it, and the Execution hall be done by Proviſion, without Pre-
judice of more particular Pleadings.
XXXIII.

The Creditors of any inſolvent Funds, being diſcontented with the Proceeda
ings and bad Management of the Truſtees, may make their Complaints to the
ſaid Commiſſioners, who ſhall cite the Truſtees, hear them, and ſettle Affairs;
proceeding according to the Exigency of the Cafe.
XXXIV.
The Perſons who the ſaid Commiſſioners ſhall eſtabliſh Truſtees of the infol-
vent Eſtates, ſhall be obliged to give them ſufficient Security for all their Ad-
miniſtration, at the Diſcretion of the ſaid Commiſſioners, that they may have
Recourſe againſt the Securities, in Caſe of any Miſdemeanor of the Truſtees,
unleſs theſe latter were elected from among the Creditors.
XXXV.
The Truſtees, or Afignees from among the Creditors, having received any
Money belonging to the Eſtate, muſt not keep it with them, but ſhall imme
diately deliver it to the ſaid Commiſſioners.
XXXVI.
612
OF BANKRUPTCY.
XXXVI.
And thoſe who ſhall be called or advertiſed, ſhall be obliged to appear not only
at the End of their Adminiſtration, but at all Times, before the ſaid Coma
miſſioners, to give in their Accounts and Proofs; and being called for this
Purpoſe, they îhall be obliged to appear on the firſt Order, on Pain of three
Guilders Mulet if they have a ſecond Summons, and of fix Guilders at the third;
and if notwithſtanding they fail to appear, and do not give in any Account,
they ſhall be called a fourth Time on Penalty of Impriſonment, after that the
faid Commiſſioners have communicated it to the Eſchevins.
XXXVII.
And at the End of the Truſtees Adminiſtration, when the Commiſſioners
ſhall diſcharge them from their Truſteeſhip, they ſhall grant them what they
think proper for their Trouble.
XXXVIII.
Any one of this City or its Juriſdiction, being deſirous to make a Ceſſion of
his Effects, the ſaid Commiſſioners ſhall proviſionally put them in Security,
under the Care of the Perſons whom they ſhall eſtabliſh for that Purpoſe, as ſoon
as the Letters of Ceſſion ſhall have been delivered to the Creditors, and they
ſhall have enquired about the Validity of the Ceſſion, to the End that they
may give Advice to the Eſchevins.
XXXIX.
And to prevent as much as is poſſible, all the Abuſes and bad Practices which
are daily perpetrated by many Perſons, in the Petition and Sollicitation of the
Letters of the Burgo-Maſters of this City, to the noble, high, and mighty
Lords the States of Holland, to obtain Safety of the Body, and the Continua-
tion of it; the ſaid Commiſſioners ſhall make an exact Information of the State
and Condition of the Premiſes, to let the Burgo-Maſters know it, and to ſerve
them for Information and Advice.
XL.
Any one being ſummoned, he ſhall be obliged to appear before the Commiſ-
fioners, and in Default ſhall pay ſix Stivers Mulet for the firſt Time, twelve
Stivers for the ſecond, and twenty-four Stivers for the third; after which the
ſaid Commiſſioners ſhall acquaint the Eſchevins with it, and ſend to fetch the
Perſons by one of their Subſtitutes.
The Remainder of this Ordonnance relates only to the Government of the
Clerks and Truſtees belonging to the ſaid Chamber, and is immaterial to this
Diſcourſe. The Laws concerning Bankrupts being but few, and generally ill
obſerved in other Countries, I Mall not enlarge on this Subject.
OF
OF THE
GENERAL COMMERCE
OF THE
W O R L D.
C
TOMMERCE includes in the Word whatſoever is tranſacted by Way of
Barter, Purchaſe, or Sales, and whether the Merchandize be Coins, Bills,
or other Commodities, between the different countries. Monſieur Melon
defines it to be an Exchange of what is ſuperfluous for that which is neceſſary ;
and Monſieur Savary ſays, that Neceſſity gave it Birth, the Deſire of Con-
veniency and Eaſe augmented and gave it Force; in fine, Vanity, Luxury,
and Avarice puſhed it on to Perfection, perhaps even much beyond the juſt
Bounds it ought to have.
It at firſt was confined (as mentioned in the introductory Diſcourſe) to domeſtic
Trade, or the Barter of the Neceſſaries of Life; the Labourer giving his Corn
and Pulſe to the Shepherd in return for his Milk and Wool; and he that had
the Woods collected Honey and Wax, exchanged it for the different Sorts of
Fruits, gathered by others in their Orchards and Fields.
And the Uſage of carrying on Commerce by Barter ſtill ſubſiſts even in ſeveral
Parts (though of the moſt uncultivated ones) of Europe; as in Siberia, and the
Daniſh and Muſcovite Lapland; and it was but in the laſt Century, that the Engliſh,
French, and Dutch Traders firſt carried their Merchandize to Archangel, and there
trucked them with the Ruſſians, for the Products of that vaſt Empire. Many
Nations on the Coaſt of Africa, almoſt all of America, and ſome of Aſia, have
preſerved this Method of giving what is ſuperfluous to them, for that which
they have at in
It is not preciſely known when Commerce commenced by Purchaſe and Sales, or
when it began to make Uſe of Gold, Silver, or Copper Money; as the firſt Species
were thoſe of Wood, Leather, and Iron; and even at this Day a certain Válue is
fixed on different Shells and Cocoa-Nuts in ſeveral Parts of both Indies, and given
in Payment of ſuch Merchandiſe, Drugs, and Commodities as they want.
The oldeſt Examples found of this Commerce in the ſacred Hiſtory 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 Cæſar re-
ports in his Commentaries) attribute the Invention to the God Mercury.
The Egyptians, Phenicians, and Carthaginians, are cited as the firſt, ableft, and
moſt daring Traders of Antiquity, by many great Authors; but being conteſted
by others, the Reader is referred for their different Sentiments to the hiſtorical
Preface.
And it did not appear to the Ancients, that an Application to Commerce was
unworthy the Attention of the moſt illuſtrious Perſons; even Solomon, that ſage
and powerful Monarch, did not diſdain an Engagement therein, but often (as be-
fore-mentioned) joined his Merchant Fleets with thoſe of the King of Tyre,
7 R
iim
614
OF THE GENERAL COMMERCE OF THE WORLD.
in a Voyage to Ophir, from whence they brought him thoſe precious Metals
and Commodities as rendered him (though governing but a ſmall State) the
richeſt Prince in the World.
Under the Afiatick and Grecian Monarchies ancient Hiſtory diſcovers to us
from Time to Time the Traces of a Commerce cultivated by different Nations,
though it ſeems principally to have flouriſhed under the Roman Government;
and one may judge by the Teſtimony of Hiſtorians and that of antique Inſcriptions,
how many conſiderable Colleges, or Companies of Merchants, were eſtabliſhed
in different Cities. The Deſtruction of the Roman Empire by the Irruption of
a Multitude of barbarous Nations, affected Commerce by ſuſpending its ordinary
Operations for a Time; but it afterwards revived, and by little and little made
a new Progreſs, more eſpecially in Italy.
It was from thence that the Piſans, Genoeſe, and Venetians (whoſe numerous
Fleets ſpread themſelves in all the Ports of the Levant and Egypt, to load Silk,
Spices, and other Merchandiſes of thoſe Countries) which for a long Time por-
felled the almoſt ſole Diſtribution of them to France, Germany, and the other
States of Europe.
About the End of the fifteenth Century, the greateſt Part of this Traffick
paſſed from them to the Portugueſe, after theſe latter had opened a new Naviga-
tion in the Ocean, and were eſtabliſhed in divers Parts on the Coaſts of Africa,
India, and Arabia.
The Portugueſe, did not poſſeſs theſe different Branches of Commerce for above
an hundred Years, or thereabouts, for the Dutch, at the Beginning of the ſeven-
teenth Century, ſhared them with them, and very ſoon after ſtripped them of
them almoſt entirely.
The Engliſh, French, Danes, and even the Hamburghers, excited by the Ex-
ample of their Succeſs, made alſo ſome Eſtabliſhments in the Indies, and on the
Coaſts of Africk, though much leſs conſiderable ones, excepting thoſe of the Eng-
liſh, who have a very extenſive Commerce in thoſe Parts.
In fine, America (which the Spaniards diſcovered a little while after the Por-
tugueſe had ſecured a Way to the Eaſt by the Cape of Good Hope) became a
freih Object of a vaſt and important Trade to all the Nations of Europe, though
it is true, that the firſt Conquerors of this new World have always poſſeſſed the
beſt and richeſt Part of it, and preſerve the Traffick to themſelves with an
extreme Jealouſy; but beſides that the Engliſh, French, Portugueſe, and Dutch,
have many flouriſhing Colonies, as well among the Iſlands as on the Continent;
it is certain that it is (though undefignedly) full as much for other Nations as for
themſelves that the Spaniards ſend their Flota or Galleons yearly to load the
Treaſure of Mexico and Peru.
Commerce is a Profeſſion in general not leſs honourable than profitable, and is at
preſent divided into that by Land and by Sea, in Groſs and by Retail, for which
every Country furniſhes ſomething peculiar to itfelf; as the various States or even
the different Provinces of them, have neither one Sun nor Clime equally ſuited
to all Sorts of natural Productions; beſides the Diverſity of Men's Genius, and Hu-
mour in general, and of Nations in particular, influences their Application to
ſome Sorts of Works and Employs rather than to others; ſo that a mutual Com-
munication becomes neceſſary by the Intervention of Commerce, that what is
wanting to ſome, may by this Means be ſupplied by others; and it is of no ſmall
Conſequence to thoſe who embrace the Mercantile Profeſſion, to inform them-
ſelves exactly of what is to be found among their Neighbours, as well as to make
themſelves perfectly well acquainted with the Products and Manufactures of their
own Country. But not to enlarge on the Merchant's Qualifications, which I have
already ſpoke to, I ſhall proceed to open to him the promiſed Scene for Practice,
and begin, as it is natural, with the Trade of my own Country, the Extent and
Value of which may claim this Preference, at leaſt from an Engliſh Author.
The united Trade of England, Wales, Scotland, and Ireland, does jointly con-
tribute to form that conſiderable Commerce which the Subjects of the Britiſh
Crown carry on, whether domeſtick or foreign.
The Commodious Situation of our Country, both for long and ſhort Voyages ;
the many excellent Ports proper for the Conſtruction of an infinite Number
ENGLAND.
2
of
E N G L A N D.
615
2
of Veſſels built there; the Ability and Intrepidity of our Pilots and Sailors ; a
Soil fertile in Fruits, Corn, and Paſturage; our Hills encloſing Diverſities of
Metals, and Minerals; Cattle of all Sorts; and more eſpecially the Sheep produc-
ing thoſe precious Wools, of whoſe Exportation we are juſtly ſo jealous ; Manu-
factures, of almoſt every Species, and the greateſt Part of them ſuperior to thoſe
of other Countries; our Colonies in America, and our Settlements ſo rich and
flouriſhing in the Eat-Indies, give us at leaſt as much as to any other Nation,
wherein to prove our Genius for Trade, and demonſtrate that we have not been
idle in it.
Voltaire, in his tenth Letter concerning the Engliſh, ſays, that Trade which
has enriched them, has contrbuted to make them free; and that this Freedom
has in its Turn extended their Commerce.
This proves
that the fundamental Maxim of our Country is a very juſt one, viz.
that Trade is the Nurſery of Sailors, that Sailors are the Soul of the Navy, that
the Navy is the Security of Commerce, and that theſe two united produce the
Riches, Power, and Glory of Great Britain.
Under Henry the VIIIth. the Trade and Navigation of theſe Kingdoms began
conſiderably to augment, and has ſince always gone on increaſing. We then
engaged in a conſiderable Commerce to the Levant, and made frequent Voyages
to Guinea and Braſil; but the Engliſh were not ſenſible of what they were capable
in commercial Affairs, till towards the Middle of Queen Elizabeth's Reign,
whoſe Protection and Encouragement animated her Subjects to the Formation
of different Trading Companies, and the Eſtabliſhment of divers Manufactures
in hef Capital, on the Ruins of thoſe of the Low Countries, which rendered the
Traffick of England ſo flouriſhing as to have it ſoon carried to Archangel, and ex-
tended to all the Ports of the Mediterranean. It alſo reached the richeſt Coaſts of
Africk, as well as the Eaſt and Weft-Indies, and there took ſuch a deep Root, and
was ſettled on ſuch ſolid Foundations, as to remain immoveable, and to ſtand in
leſs Need of Aggrandiſements, than of Moderation.
Although our domeſtick Trade is very conſiderable, and of great Advantage to
the Inhabitants, the foreign vaſtly exceeds it; and it is not becauſe that England
cannot ſubſiſt without it (Providence having abundantly bleſſed us with every
Neceffary of Life) but as foreign Trade occaſions an Employ for all Sorts of Artiſts,
furniſhes Work for the Poor, and augments our Manufactures, proving an effi-
cacious Means of enriching the Nation, ſtrengthening the State, and rendering
it formidable to the neighbouring Powers, that we are animated to engage to
deeply in it.
It is for this that the Engliſh extend their Traffick to all Parts of the World
where any is carried on, and there is no Nation under the Sun that drives ſo great
a Trade with their own Products and Merchandizes. This renders us powerful
in our Marine, augments the Number of our Sailors, enriches our People, and
procure us all that the Univerſe can furniſh to ſatisfy the Imagination, or content
the Appetite. In a Word, it is by foreign Trade that England is become the
Support of its Friends, and the Terror of its Enemies; and whilſt the Com-
merce of our Neighbours, the Dutch, confifts chiefly in the Tranſportation of
Merchandizes (not their own) from one Country to another, our's is principally
furniſhed and ſupported by the redundant Products of our Soil and Induſtry.
Our Commerce like that of all other Kingdoms, is compoſed 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 conſiſts, viz. Exportation, Tranſportation, and Importation ;
France can pretend to little more than the Firſt of theſe; Spain, Italy, and the
two Northern Crowns to the Firſt and Third; and Holland only vies with us
in the Second
OUR Country furniſhes the exporting Branch of Commerce with Butter, Exportation:
Corn, Cattle, cloth, and many other Woolen Manufactures, Iron, Lead, Tin,
Copper, Leather, Copperas, Coal, Allum, Saffron, &c.
The neighbouring Kingdoms have many Times owed their Preſervation to our
Supplies of Corn, and our Horſes are generally eſteemed for their Beauty, Strength,
and
616
GENERAL COMMERCE OF THE WORLD.
ز
1
and Paces; neither our own Fleets, nor thoſe of any Strangers at Amity with
Great-Britain, want any foreign Supplies for their Victualling, having Abun-
dance of Beef, Pork, Biſcuit, and freſh Proviſions, always ready, beſides the
vaſt Quantities carried to the European and Weſt-Indian Markets.
Our Iron is exported, manufactured in Guns, Carcaſſes, Bombs, &c. and our
Cloths and Woolens are ſent to moſt parts of the World, though not in thoſe
Quantities as formerly; many Princes having ſettled Manufactories of their own,
to the no ſinall Prejudice of our’s; and the Value of our Exports in the Articles of
Cloth, Northern Dozens, Raſhes, Kerſies, Bays, Serges, Flannels, Perpetuances,
Says, Stuffs, Frieze, Penniſtone, Stockings, Caps, Blankets, Rugs, &c. I fear does
not exceed the two Millions per Annum that Dr. D'Avenant and Mr. King ſuppoſed
ſome Years ago they amounted to; according to their Calculation, that the yearly
Produce of Wool in England was about two Millions Sterling, and this worked
up to produce in Imports eight Millions ; of which they computed, fix Mil-
lions for Home-Conſumption, and the other two for Exportation.
The other Exports from hence, of Hops, Flax, Hemp, Hats, Shoes, Ale, Beer,
Cyder, Herrings, Pilchards, Salmon, Oyſters, Saffron, Liquorice, Optick Glaffes,
and Mathematical Inſtruments, Works of Horology, Ribbons, Toys, &c. are
prodigious, and of a Value almoſt incredible.
The Veſtments, Shoes, Hats, and Houſehold Stuffs, carried from hence yearly,
only to America, is ſuppoſed to be worth at leaſt 200,000l.—This muſt amount
to a much larger Sum ſince the Conqueſts from the French in America.
Englund produces yearly 5,000,000 Chaldrons of Sea-Coal (and the Mines
would furniſh much more if wanted) near a Million and a half Pounds of Tin,
a thouſand Fodders of Lead, eight hundred Furnaces of Iron, and as many
Tons of Allum; of all which great Quantities are exported, to the Value at leaſt
of 500,000l. per Annum.
We tranſport alſo annually from our Plantations in America (beſides what we
conſume ourſelves) of Sugar, Indigo, Tobacco, Cocoa-Nuts, &c. about 400,000l.
and our Fiſh, Pipe-ſtaves, Mafts, Beaver, &c. from New-England and thoſe Nor-
thern Parts do not produce a much leſs Sum.
It would be tedious and difficult to enumerate our Tranſportations and their
Value from Denmark, Sweden, Spain, Portugal, and other Parts in the Straits,
Turkey, Guinea, &c. but the moſt conſiderable of all is that of the Commodities
brought from the Eaſt-Indies, of which it is ſuppoſed of late Years, we have tranf-
ported to the Value of 500,oool. per Annum, in Pepper, Salt-Petre, Callicoes,
Mullins, Silks, Drugs, Diamonds, &c. after having retained a Sufficiency for
our own Uſe and Conſumption.
Importation. THE Article of Importation, or the bringing hither ſuch Goods as we con-
ſume among ourſelves, is very great, though not equally advantageous from all
Countries; as the balance of Trade with France has for many Years been againſt
us, though I hope will be conſiderably remedied by the Prohibition of Cambricks,
&c. The ingenious Mr. Samuel Fortrey in his excellent Diſcourſe on Trade makes
appear, that we yearly imported from that Kingdom near 1,600,000). worth of
Goods more than the Value of what we exported thither, viz. in Silk, Sattins,
Taffatees, Stuffs, Armoiſins, Paduaſoys, Tabbies, Cloth of Gold and Silver,
Velvets, Ribbons, Galloons, Laces, Silk Buttons, about 600,000l. Linen, 400,000l.
Wine, 600,000l. Serges and Calons, 150,000l. Hats, 120,000l. Hatbands,
Feathers, Fans, Girdles, Hoods, Maſks, Looking-Glaſſes, Watches, Pictures,
Medals, Cabinets, Cafes, Bracelets, Tablets, and other Toys, 150,000l. Paper,
100,000l. Houſehold Stuff, as Beds, Mattreſſes, Coverlets, Hangings, Fringes,&c.
100,000l. Brandy, Cyder, Vinegar, Verjuice, &c. 100,000l
. Caſtile Soap, Honey,
Almonds, Olives, Capers, Prunes, &c. 150,000l. Pins, Needles, Box and Tor-
toiſeſhell Combs, &c. 20,000l. perfumed and trimmed Gloves, 10,000l. fine
Ironmongers Ware, 40,000l. which amount in all to 2,540,000l. per Annum,
beſides Salt, Cork, Reſin, and other Things to a conſiderable Value: And although
this Calculation might poſſibly be ſomething exaggerated, and our Exports there
not rated as much as they ought to be (Mr. Fortrey valuing them only in a
Million Sterling) and the Importation of many Things prohibited ſince, as will
be
Ε Ν G Ι Α Ν D.
617
-
be thewn hereafter; yet it is a certain and lamentable Truth, that our Loſs by
that Trade has always been very conſiderable, which will be demonſtrated when
I come to treat more minutely of it, in the following Sheets: In the Interim per-
mit me to repeat the Reflection which the Subject naturally ſuggeſts, that this
Prejudice to our Trade proceeds from a Taſte vitiated by an affected Imitation of
French Gaiety, and a conſequent Fondneſs for their Toys and Baubles : Welike-
wiſe retain too great an Affectation for their Wines, Brandies, and ſome other of
their Products, though our Goût might be gratified with more wholeſome Beve-
rages, and on Terms much leſs diſadvantageous to our Country; which I beg
Leave to recommend to the ſerious Conſideration of every Briton; and I wiſh it
may have a ſuitable Effect, and incline all to put a helping Hand towards healing
this dreadful Diſeaſe in our Commerce, ſo much tending to its Ruin, and the
emaſculating both our Minds and Bodies.
And having ſaid what ſuffices concerning the general Commerce of theſe Iſlands,
I Thall now deſcend to treat of it in a more particular Manner; and in order to
do it with all the Exactneſs poſſible, I ſhall divide it into the home Trade and
foreign Commerce, and thew what each County of the three Kingdoms fur-
niſhes towards it, either by its Products or Manufactures.
Great-Britain was thought by the Ancients, to be the largeſt Iſland of the then
known World; and though the later diſcovered ones of Madagaſcar and Japan
vie with, and by ſome are ſuppoſed to exceed it, yet the Uncertainty of their
Dimenſions ſtill leaves a Doubt, whether the Magnitude of our Iſle is not ſuperior
to them, and yet equal to what it was formerly accounted.
It was at firſt called Albion, and by the Romans Britannia, though I think the
Etymology of both the Words is ſtill unſettled.
The Situation of its Southern Part, viz. England and Wales, is between the
17th and 22d Degrees of Longitude, and the oth and 56th Degrees of Northern
Latitude ; being in Shape triangular, and the longeſt Side from Berwick North,
to the Land's End S. W. three hundred eighty-fix Miles; from Sandwich E. to
the Land's End W. by S. two hundred ſeventy-nine Miles; and the Perpendicular
from Berwick to Portſmouth N. and S. three hundred and twenty Miles; contain-
ing by Computation about 39,938,800 Acres, and 1,219,952 Houſes; is almoſt
ten Times as big as the United Netherlands; leſs than Italy by near one Half,
and in Compariſon with France, is as thirty to eighty-two.
According to a Catalogue exhibited by Camden to King James I. it was parcel-
led out into 6,284 Pariſhes; but Mr. Chamberlaine, in his Magne Britannia No-
titia, ſays, there are, in all, nine thouſand nine hundred and thirteen Pariſhes,
ſeven hundred and fifty great towns, and twenty-five Cities; though the anony-
mous Authour of The preſent State of Great Britain differs from both, by making
the Cities to be twenty-eight, the Market Towns ſeven hundred and ninety, and
the Pariſhes to be ten thouſand ſix hundred and three.
The Counties in this Diſtrict are fifty-two, forty in England, and twelve in
Wales, whoſe Products ought now to be conſidered; but as our Wool and Wool-
lens are the moſt ſtaple Commodities of our Iſle, and the Neglect or Abuſe of thoſe
excellent Laws in Force concerning them has been ſo ineffectual to the keeping
the one at home, and detrimental to the Sale of the other abroad, I ſhould, pre-
vious to my ſaid Intention, give ſome Account of the Statutes relating to the
Cleanfing, Packing, Carding, &c. of the firſt (having at P. 68 and ſeg. done it
for what regards its Running) and for the good Government of all Manufacturers
and their Dependents, concerned in the latter ; but as they are many and very
extenſive, it is impoſſible to reduce them within thoſe ſmall Bounds I have limit-
ed myſelf to for the Remainder of this work, ſo muſt content myſelf with ob-
ſerving, that the Legiſlature's Care of theſe Particulars began very early; for
though formerly the Exportation of Wool was not only licenſed, but the princi-
pal Trade of this Country, and the greateſt Branch of our King's Revenue, yet
as ſoon as we had learnt the manufacturing it ourſelves, and experienced the Ad-
vantages ariſing from this Improvement, by a comfortable Employ for our di-
ſtreſſed Poor, and the Encreale of our Commerce, the Prohibition of its Extract
was judged neceſſary, and enforced by many good Laws, in Order to ſecure the
7 S
Benefit
618
ĠENERAL COMMERCE OF THE WORLD.
Benefit to ourſelves, and prevent other Nations from reaping it, as they had to
long done to our Prejudice; the Statute therefore of 27 Edw. III. declared the
Tranſporting it Felony, and many others in ſucceſſive Princes' Reigns have
mitigated or enhanced the Penalties, as Circumſtances and the Times have re-
quired; they have alſo guarded againſt Frauds and Abuſes in the Combing,
Spinning, Winding it, &c. that have crept in, in its infant State, by ſeveral
penal Laws to the guilty Tranſgreffors of them.
In Regard of Manufactured Wools, the Asts are ſtill more ample and exten-
five, and regulate their Lengths, Breadths, Weights, &c. beſides the many other
Particulars neceſſary to be obſerved in their Fabrication, as conducive to their
Perfection and Goodneſs; however, as I have not Room to give an Abſtract of
them, I ſhall begin my propoſed Deſcription of the Counties in the Manner
following:
1. Bedfordſhire.
HE Products of this County are principally conſumed at Home, though
it occaſionally furniſhes ſomething for abroad, in Corn and Woollen Ma-
nufactures. Its Manufactures of Straw Hats, and other Things made of that
Material (at Dunſtable and Luton) and of Bone-Lace, employ ſeveral Thouſands
of the Inhabitants, and are worn by Multitudes of the principal Ladies in Eng,
land; Fullers Earth is found at Woburn and Aſpley, and Butter made in many
Places, and ſent up freſh in Lumps to London.


2. Berkſhire
Produces much more for Exportation than the preceding County, as the
Woollen Manufactures at Reading, Farringdon, Newbury, &c are very confi-
derable in Cloth, Druggets, Duroys, Serges, Shalloons, and Stuffs; and at the
firſt of theſe Towns has been eſtabliſhed for ſome Years paſt a moſt extenſive
Fabrick of Canvas, or Sail Cloth, which is brought to ſuch Perfection as to equal
in Goodneſs any that was formerly imported from Holland or France, to the no
ſmall Advantage of the neighbouring Poor, who in large Numbers are thereby
employed. And whilſt it to plentifully ſupplies the exporting Branch of Com-
merce, it is not barren in Products for Home Conſumption, as it has Corn, Cat-
tle, and Wood (eſpecially Beech and Oak) in Abundance: This County, with
Glouceſterſhire and Wilts, ſend yearly to London about fix thouſand Ton of Cheeſe,
the Half by Land Carriage, and the other Moiety by Barges, from Lechlade,
Abingdon, Newbury, and Reading, and in Return are furniſhed with Salt Butter
in Firkins from that City to ſupply the Deficiency of their Dairies.

ព្រះពុទ្ធ
3. Buckinghamſhire
Affords but little for foreign Maskets, as its ſole Manufacture is of Bone-Lace
at Olney and Newport-Pagnell; and its Products confined to Corn, Cattle, and
Wool, except ſome lump Butter ſent up freſh from hence, Oxfordſhire, North-
amptonſhire, Bedfordſhire, Hertfordſhire, and Eſex, and in Pots from Derbyſhire,
to London, in ſuch Quantities as to amount in the whole at leaſt to 100,000
Firkins per Annum, which are conſumed within the Bills of Mortality.

4. Cambridgeſhire
Has no Manufacture except of Malt, Paper, and Baſkets, but its Growth of
Corn, Hops, and Saffron is very conſiderable, and the latter eſteemed in Qua-
lity inferior to none. There is likewiſe found near Sturbridge very good Pipe
and Potters Clay; and Cattle are plenty, though their Dairies produce no more
Butter or Cheeſe than ſuffices for their own Conſumption, as that Butter called
Cambridge Butter receives its Denomination only by coming from thence, being
firſt brought there from other Parts.
5. Cheſhire,
Ẽ N G L A N D.
618
5. Cheſhire,
So juftly famous for its Cheeſe, of which, with Lancaſhire, Part of Shropſhire,
and Staffordſkire, it ſends up to London yearly above ſeven thouſand Tons; all
theſe are of a thick Make, yet very different in their Size and Quality, though all
are without Diſtinction in Town called Cheſhire Cheeſes. Theſe Counties (but
more eſpecially Lancaſhire) likewiſe ſell great Quantities for Leeds, Sheffiela, York,
and Newcaſtlé, beſides what is conſumed in Mancheſter, and ſhipped at Liverpool
for Scotland, the Straits, &c. being not leſs than fifteen or twenty hundred
Tons. Nantwich, Middlewich, and Northwich, afford large Quantities of Salt;
Macclesfield is noted for its Fabrick of Buttons, as Congleton is for Gloves; Cattle
are plenty, Corn not ſcarce; and in many Parts of the County are found Metals
and Millſtones. It has ſome Coal Mines, and Salt-Works.

6. Cornwall.

The hilly Part of this County appears unfruitful to the Eye, but encloſes great
Treaſures in thoſe ſeemingly barren Mountains; as there is yearly dug out of them
an immenſe Quantity of Tin and Copper, both excellent in Quality, and the latter
is found to be as good and as fit for every Purpoſe as the Swediſh, or any other
heretofore imported, and is as ſucceſsfully uſed in all our Battery Works as any
foreign was formerly; which induced the Government to encourage their Pro-
prietors by laying a Duty ſome Years ſince upon all outlandiſh black Laten, and
Metal prepared, which are Plates of Braſs fitted for ſmall Manufactures of the
Clock, Kitchen, &c. And our Tin, as well in Quantity or Quality, greatly ex-
ceeds all other Mines that have been yet diſcovered, though they have been
worked from Time immemorial, as we read that the Phænicans drove a very con-
fiderable Trade in it, with the then Inhabitants ; and the Plenty of the Mineral,
having continued equal through ſo many Ages, ſeems to indicate the Stock to be
inexhauſtible, and with all Probability laſt till the general Conflagration melts that
and all things in a Maſs together : In the Interim, the Advantages it produces to
the County (and indeed to the Nation) are very conſiderable, from the large Quan-
tities exported; and for the better Regulation of a Buſineſs in which ſo great a
Number of Men are employed, there are many ancient Laws in Force (firſt made,
and Franchiſes granted by Edw. I.) relating ſolely to them, by which they are
incorporated in four Diviſions, viz. Foymore, Blackmore, Trewarnaile, and Pen-
wile, in each of which Stannary Courts are held, for the Deciſion of Diſputes and
Correction of Irregularities, and ſometimes Parliaments of the whole Society un-
der the Lord Warden.--The Valleys are rich in Corn and Paſture, and its Seas
afford almoſt all Sorts of Fiſh in the greateſt Plenty, more eſpecially Pilchards,
taken on its Coaſts at two different Seaſons of the Year; and ſometimes in ſuch
Abundance, that the Natives ňot having Salt ſufficient for their Cuire, make Uſe
of great Quantities to manure their Grounds, beſides an annual Exportation com-
monly of near fifty thouſand Hogſheads; and it is only in this County that I can
remember to have ſeen or heard of any Conger being taken in England.
Here are ſome ſmall Quantities of Quickſilver found in the Mines, and Slates
ſufficient to furnith every Demand for them. Tin, Copper, and Slates are ex-
ported to foreign countries.
2. Cumberland.

The Manufactures of this County åtè Rugs, Chair Seats, and Carpets in
Imitation of Turkey Work, Penniſtons, Half-thicks, Duffels, &c. At Penrith
are made large Parcels of Leather, and from Whitehaven are ſhipped great
Quantities of Salt and Coals : Copper is found in Plenty at Newland and Kef-
wick, and at the latter there is black Lead; the only Place, as ſome ſay (though
I believe erroneouſly) for it in Europe: Here are likewiſe good Lead Mines, and
the plain Part of the Country produces Corn, as the hilly Part does Graſs; the
celebrated
620
GENERAL COMMERCE OF THE WORLD.
celebrated Fiſh Charr, is caught in its Meer called Ulles Water (which allo
borders on Weſtmoreland) and no where elſe but in Lancafhire, in England.
Here in ſeveral Parts are good Dairies, and this, with Northumberland, ſends up
to London yearly about fifteen thouſand Firkins of Butter, which are chiefly
ſhipped at Newcaſtle
, though ſome from Blyth; and theſe two Counties produce
beſides, between two and three thouſand Firkins, which are ſent diredly into
Kent. At Carliſle 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
alſo made in this City and Suburbs.
The Iſle of Man lies about ten Leagues diſtant from this County, in the Iriſh
Sea, but furniſhes nothing for Trade.
8. Derbyſhire.
The Manufactures of this County are only woven Stockings of ſeveral Sorts,
with ſome Felt, Caſtor, or Beaver Hats; it is very fertile in Corn and Cattle,
fending a good deal of Pot Butter to London (as mentioned under Buckingham-
Shire) and jointly with Nottinghamſhire, and Part of Staffordſhire, about 2000
Ton of Cheeſe yearly; this is fent down the Trent, from Burton, &c. and the
Derwent, from Derby to Gainſborough into the Humber, being of a thin Sort,
and ſold in London under the Denomination of Warwickſhire Cheeſe.--Here
are Quarries of Free-Stone and Marble, Abundance of Mill, Lime, and Whet-
Stones, with ſome Chryſtal and Alabaſter, green and white Vitriol and Alum.
Its Mines are ſtored with Coal, Iron (principally uſed by the Nailers, and in the
ſmall Manufactures in Birmingham, &c.) and Lead, the latter being very plenty,
and the beſt in England; the Peak is famous for producing it, and its other
Wonders, as Derby is for Sir Thomas Lombe's Engines erected here on the River
Derwent, for making Organzined or thrown Silk, and for whoſe Introduction
the Parliament in 1732 gave him 14,000l. 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 ſtopped ſeparately,
which is very extraordinary in ſo complicated a Machine; one Fire Engine
conveys warm Air to every individual Part of it, and one Regulator governs
the whole Work.
9. Devonſbire
Affords many things ſimilar to the Products of its adjoining County, Cornwall,
as Tin, Lead, Copper, Pilchards, &c. though not in the fame Abundance; and
though it is more fruitful than that, yet its Riches are the Effects of its Manu-
factures, which confifts in Serges, Kerſeys, Druggets, Shalloons, Long Ells,
&c. and Bone-Lace; ſo great a Quantity of the firſt is made in the Neighbour-
hood of Exeter, as to furniſh the Market of that City with 10,0001. worth weekly;
here are alſo made fome Broad Cloth, mixt or Medleys, and from its Ports are
fent more Fiſhermen to America than from any other County in England.
10. Dorſetſhire
Is noted for its Beer, and yields great Plenty of Corn, Cattle, and Hemp, which
latter was ſo abundant near Bridport, as to occaſion, many Years ago, a Fabrick
of Cables for the Royal Navy to be erected there. The Iſles of Portland and
Purbeck produce Free-Stone, Marble, and Tobacco-Pipe Clay; and the Sheep
bred in this County are innumerable, ſo that it is ſaid, that within the Circum-
ference of fix Miles round the Town of Dorcheſter only, there are fix hundred
thouſand conſtantly feeding. They are reckoned amongſt the largeſt and beſt
brought to the London Market, and ſcarce inferior to the Banſtead Downs
Mutton,
II. Dure
E N G L A N D.
621
II. Durham
Produces great Quantities of Coals, ſhipped at Sunderland, ſome Lead, Iron,
Allum, and Grindſtones; at Darlington it has a Fabrick of various Stuffs, and
ſends yearly to London about ten thouſand Firkins of Butter.
12. Efex
Is a very fertile County, and very abundant both in its Products and Manufac-
tures; the former conſiſting in Cattle, Corn, and Hops, but principally in Oyſters
and Saffron, of both which it produces a great Quantity, and the beſt of the Sort
in the World; it is likewiſe famous for ſuckling Calves, and from whence the
London Markets are principally ſupplied with this agreeable Food; fome Cloths,
Stuffs, and Perpets are made here, but its Fabricks for Baize are unequalled in any
Part; and moſt of the Inhabitants of Bocking, Braintree, Coggehall, Chelmsford, Bil-
lericay, Biſhop-Stortford, Waltham, Rumford, Halſtead, Witham, and innumerable
ſmaller but populous Villages, are chiefly employed in ſorting, oiling, combing,
or otherwiſe preparing the Wool for the Looms, or manufacturing it.–At Col-
cheſter alone are made at this preſent from ſix to ſeven hundred Pieces of Baize
Weekly, called therefrom Colcheſter Baize; and at Bocking, Dunmore, &c. about
four hundred Pieces per Week of that Sort called Bocking Baize, extra of
mock Colcheſters, which are not a few; and the former have been ſo much in
Demand ſince the Peace with Spain (for whoſe Markets they are fitteſt, as the
latter are for Portugal) as to occaſion a Riſe of ten Shillings per Piece in Price on
the beſt Sort of them more than they uſually went at before the War. A large
Quantity of freſh Butter is ſent to London from this County, and in Lieu thereof
they take from thence, and from Suffolk, in Firkins, what fuffices for their Con-
fumption.
om ongok, inh
13. Glouceſterſhire
Brings Sundries both to the home and foreign Trade, as it plentifully produces
Cattle, Wool, Iron, Steel, Corn, Cyder, Salmon, Bacon, and Cheeſe, of which
latter it clubs its Share to make up the fix thouſand Tons mentioned in Berkſhire;
and its Wool from the Sheep of Cotſwold, is the fineſt in England, and only in-
ferior to that of Andaluſia ; they are likewiſe in ſuch Quantities that even the
Flocks (much leſs the Sheep) are hardly to be counted; from this Wool many
plain white Cloths for Dying are made through all the County, as alſo Variety
of worſted Stockings, beſides Yarn knit Hoſe. Tewkſbury, beſides its Woollen
Fabricks (which are very conſiderable) is farnous for Muſtard Balls, Stroud is
for its Fulling Mills and Scarlet Dye.
14. Hamp or Hantſhire
Is alſo very abundant in Sheep, which furniſh Wool for its many Fabricks of
Shalloons, Kerſeys, and other Stuffs; its Products are Iron, Corn, and Timber,
and it is more particularly noted for the Excellency of its Honey and Bacon.
15. Hart or Hertfordſhire.
The principal, and indeed almoſt the only Product of this County, is different
Sorts of Corn, of which great Quantities are ground here into Meal, or made into
Malt, and
ſo ſent to ſupply London Markets ; Manufactures it has none; and
what the Dairy affords of Butter is brought to Town freſh, and Salt Butter
purchaſed on cheaper Terms in its Room, as is practiſed in all the Counties cir-
cumjacent to London.
16. Herefordſhire.
Leominſter (or Lempſter) in this County is noted for its Wools, as Kyneton is
for it's Fábrick of narrow Cloths; its Product conſiſts of Corn, Wool, Salmon,
and Cyder, of which latter great Quantities are conſumed both at home and abroad.
17. Huntingdonſhire
Affords but little Matter to treat of, as it is deſtitute of Manufactures, and its
Products limited to Cattle and Corn.
18. Kent.






7 T
622
GENERAL COMMERCE OF THE WORLD.
18. Kent.

The fole Manufacture of this County I believe is Thread, except what is caſt
of its Iron into Cannon, Bullets, Furnaces, Pots, Boilers, Plate Iron, Bomb-ſhells,
Hand-Grenades, &c. and its Products are, fome Corn, Woad, Madder, Hops,
Fullers-Earth, Iron, Burſtone, Flax, and great Quantities of Kentiſ Cherries and
Pippins.
19. Lancaſhire,
Being a County very fertile both in Wool and Flax, affords Employ for the
Natives in large Manufactures of Cloths and Linens eſtabliſhed there, of which
the principal ones are at Mancheſter, Bolton, and their Vicinage, where are like-
wiſe made Rugs, Turkey-work Chairs, Penniſtons, Duffels, &c. and at Rochdale
and its Neighbourhood, as well as the afore-mentioned Towns, are alſo made
Cottons and
Fuſtians of various Sorts, Kerſeys, Tickens, and above all large Quan-
tities of Baize, in Imitation of Bockings, and ſhipped off directly for the Portugal
Markets as fuch. Its Products are Rock Salt, ſome Black Lead, Charr, and Can-
nel Coal, which does not only ſerve for a delightful Fuel, but for making Uten-
Gils and Toys, as fine to look on as the higheſt poliſhed Jet, and ſo free from leave
ing any Tinge, that the whiteſt Linen may be rubbed on it without receiving
any Soil; this County and Somerſetſhire produce the largeſt Oxen in England, and
its Dairies afford plenty of good Cheeſe, as has been mentioned in the Deſcription
of Cheſhire.
20. Leiceſter ſbire
Is famous for Sheep with the largeſt Wool in England, and though the Quantity
of it is very great, yet it is here employed in no other Fabrick than that of a Va-
siety of woven Stockings; beſides which, their ſole Manufacture is of Felt, Caf-
tor, and Beaver Hats. Its Products are Sea Coal; and Beans and Peas abound
here to a Proverb. It ſends (jointly with Warwickſhire) above five hundred Tons
of Cheeſe by Land to London, and is ſuppoſed to produce above a thouſand Tons
more, fold to Birmingham and other large Towns, and ſent into Northamptonſhire,
Hertfordſhire, &c. beſides two or three hundred Tons remitted from thence to
Sturbridge Fair.
21. Lincolnſhire,
Though one of the largeſt Counties, is deſtitute of any Manufacture, as the In-
habitants fell their Wool unwrought to their Neighbours, and principally employ
themſelves in the grazing Trade,and fatting Cattle, with which the London Markets
are plentifully ſupplied; it alſo ſends up annually (jointly with the Iſle of Ely) from
Holbeich about twenty-five thouſand Firkins of Butter, on the River Cam, to
Cambridge, and from thence to London by Land Carriage; and there is likewiſe
brought yearly in the ſame Manner to the ſaid City from Spalding and Peter-
borough about two thouſand Firkins, being the Produce of the Fens.



22. Middleſex,
In which is ſituated the celebrated City of London; and though it isthe fmalleſt
County but four in England, itis certainly thericheſt and the moſt opulentin Trade,
not only of this, but every other Kingdom of Europe. This County has few Manu-
factures out of its Metropolis, though thoſe of Spital-fields, &c. are very extenſive,
and brought to great Perfection; ſo that I may venture to aſſert, that our Artiſans
now equal if not exceed the French in the Beauty of their Silk Fabrick, and ſtill
continue their wonted Superiority in the Woollen ones; for though our Rivals can
carry theſe cheaper to Market than we can, and conſequently rob us of a conſider-
able Share of that Trade we ſhould otherwiſe poffeſs alone, yet this does not proceed
from any Defect in the Capacity of our Artificers, but from their working ſo much
cheaper in that Kingdom, and the Neglect or Abuſe, as formerly obſerved, in the
working up our Woollens here, which calls for a ſtrict Inſpection and Regulation.
This great City is in a Manner the Centre of both the inland and foreign Trade,

I
and
ENGLAND.
623
and conſequently the Tranſports to it both by Land and Water are vaſt and incon-
ceivable; the Concourſe of Waggons, Horſes, and other Carriages for the one,
with Ships, Lighters, &c. for the other, continually coming in and going out, are
innumerable, and muſt give a Foreigner a very exalted Idea of that Commerce
which employs them.
23. Monmouthſhire
Is one of thoſe Counties that affords little worth Regard in Trade, as its only
Manufacture is of Flannels at Abergavenny, and its Products nothing elſe but
Cattle and Corn.
24. Norfolk
Has a juſtly celebrated Fabrick of all Sorts of Stuffs at Norwich, of which there
is yearly fold to the Value of 100,000l. beſides what the Manufacture of Stockings
here and in other Parts of the County may import; its Products are Cattle, Corn,
Wool, and Herrings, which latter abound like the Pilchards in the Weſt, and are
taken in equal Quantities; fo that commonly as many Barrels of theſe are ſhipped
in a Year as there are Hogſheads of the others; thefe employ a great Number
of Hands in their Cure, fo that in Catching, Salting, Smoaking, &c. the greateſt
Part of the Inhabitants of Yarmouth are engaged, and the Ships belonging to
the Place find good Freights in carrying them abroad. This is a great Dairy
County for Butter, making yearly about fixty thouſand Firkins, which
is ſent weekly to Downham upon the River Cam, and ſo by Water to Cambridge,
from whence it is carried by Land to London.

25. Northamptonſhire,
Though one of the fineſt Counties in England, furnithes but
very
little for
Trade, as it has no Manufactures but of Worſted and Yarn Stockings, and its
Products conſiſt of Corn, Cattle, Wool, Salt-petre, and ſome Butter ſent up
freſh and in Lumps to London, as has been already mentioned,

26. Northumberland
Is ſo abundant in Coals, that all Europe might be ſupplied from it; Newcaſtle
ſends yearly to London about ſix hundred thouſand Chaldron, and for their Con-
veyance keeps upwards of five hundred large Ships continually employed, to the
no ſmall Improvement of our Marine, as this dangerous Navigation proves a con-
tinual Fund of good Sailors, than which none are ſtouter nor better. Here are
large Mines alſo of Lead and Iron, which latter is of the ſame Nature with what
comes from Derbyſhire, and like that chiefly uſed by the Nailers, &e. Grindſtones
are found in ſome Parts; and the River Tyne is ſo abundant in Salmon, that great
Quantities are pickled and ſhipped off from Berwick and Newcaſtle for foreign
Markets: I have already ſaid that this County, with Cumberland, lends about fif-
teen thouſand Firkins of Butter to London, and between two and three thouſand
more into Kent, the former ſhipped at Newcaſtle and Blyth.

27. Nottingbamſhire
eingoan
Has no other Manufactures than ſome woven Stockings, but produces Corn
and Coal in plenty, with ſome Lead. Worklop is noted for Liquoriſh; Mansfield
for Malt; and near Nottingham is found Tobacco Pipe and Potters Clay. This
Shire brews fine Ale in great Abundance, and clubs its Qyota of the two thouſand
Ton of Cheeſe, mentioned in Derbyſhire, to be ſhipped for London.
28. Oxfordſhire
Can boaſt of no greater Manufactures than the preceding County; it has only
one at Witney for Blankets; Banbury is noted for its fine Cheeſe, Henley for Malt,
and Burford for Horſe-Saddles. It is a very great Corn County, and one of thoſe
that plentifully ſupply London with freth Butter of an excellent Quality.
29. Rut-
624
GENERAL COMMERCE OF THE WORLD.
Wool is ſo great in its Fabricks, as to oblige the Manufacturers to ſeek an addi-
29. Rutlandſhire
Feeds an infinite Number of Sheep, whoſe Wool is ſaid to partake of the
Redneſs of the Soil, and theſe are the only Commodities of the County.
30. Shropſhire, or the County of Salop,
Abounds in Corn, Coals, and Iron; has ſome Pipe and Potters Clay, and makes
Flannels and plain white Cloths for Dying; the Fabricks of theſe are principally
at Shrewſbury, where is alſo every Thurſday a Market held for Welch Cottons,
of which great Quantities are bought for London, and a large Quantity of excel-
lent Cheeſe is likewiſe ſent there, as hinted in the Deſcription of Cheſhire.
31. Somerſethire.
Few Counties produce ſo great a Variety, both for home and foreign Markets,
as here is Corn in Plenty ; Lead, Copper, Lapis Calaminaris, Cryſtal, Coals, and
Woad for dying. The Oxen in this County equal in Size thoſe of Lincolnſhire,
and the Sheep are as numerous as in Dorſetſhire, Wilts, &c. which affords the
Natives a ſufficient ſupply of Wools for their large Manufactures of almoſt all
Sorts of Woollens, ſuch as Broad Cloth, mixt, or Medleys, Serges, Druggets, Du-
roys, and Stuffs of many Denominations; Stockings, both Worſted and Yarn,
Kerſeys, Shalloons, &c. At Chedder are made thoſe celebrated Cheeſes, which ex-
cel the Parmeſan, to an unprejudiced Taſte; and extra of theſe, this County with
the northern Part of Wiltſhire ſends yearly to Morden, or Magdalen Hill Fair
near Wincheſter, about fifteen hundred Tons, which is ſold in one Day; this Fair
is held annually on the 25th of July, and is the greateſt for this Commodity in
England.
32. Staffordſhire
Produces Corn, Coals, Free-ſtone, Marble, Alabaſter, Copper, Lead, and Iron,
of which latter, Nails, and other ſmall Wares are made: Burton is famous for its
Ale; and this County does not contribute the ſmalleſt Share to the two thouſand
Ton mentioned under Derby and Nottinghamſhires to be ſent to London, beſides
what its Dairies furniſh for Yorkſhire, &c. as is obſerved in deſcribing Cheſhire.
33. Suffolk
Is a great Dairy County, and ſends yearly to London forty thouſand Firkins of
Butter upon an Average, which is ſhipped at Ipſwich and Woodbridge, and ſome
few from Aldborough; beſides which it makes about ten thoſand Firkins more,
that are ſold at Colcheſter, and other Parts of Eſſex. Of the Cheeſe it produces,
a thouſand Tons (a little more or leſs) is annually brought to Town, with which
the Royal Navy is ſerved; fome Part is ſold into Kent and Suſſex, and the Reſt to
Shipping, &c. as none is eat in London ; a great deal is ſent directly from hence
to Newcaſtle, as ſome is alſo from that City. The Navy in Time of War takes
yearly for Victualling from ten to twelve thouſand Firkins of Butter, and about five
or fix hundred Tons of Suffolk Cheeſe, though in Time of Peace the Conſump-
tion is not above one Fourth of either : The Land Forces are fed with Cheſhire,
Warwick, or Glouceſterſhire Cheeſe, of which between eighty and a hundred Ton
was iſſued per Annum in the late War.---This County is very fruitful in Cattle,
and feeds great Multitudes of Sheep, notwithſtanding which the Conſumption of
tional Supply from Lincolnſhire : Cloths are made at Sudbury, and Variety of
Stuffs at Stow Market; alſo Says and Perpets, beſides large Parcels of Linen ; and
its Products are Corn, Hemp, and Fullers-Earth.


34. Surrey,
Being very barren in the Middle, affords but few Products or Manufactures,
though it is ſaid that ſome Broad Cloth, mixt or Medleys, are made at Ryegate, and
ſome Kerſeys at Guildford and in its Neighbourhood. Iron is found of the fame
5
Quality
E N G L A N D.
625
Quality with that of Suſſex; and it is on a Hill near Mickleham that Box grows
in greater Plenty than in any one Spot in Europe beſides.
35. Suſſex
Yields great Quantities of Iron, chiefly uſed in Founderies for Cannons, Bombs,
&c. and it has ſome Manufactories of Glaſs. Its Products are Cattle, Wool, and
Corn, more eſpecially Oats, of which its Crops are incredibly great. The Engliſh
Ortolan (or Wheat Ear) is peculiar to this County; and a Suſſex Carp, Arundel
Mullet, Chicheſter Lobſter, and an Amerley Trout are ſo peculiarly noted for
their Exceilence, as to challenge a Remark in every Treatiſe on this Shire.
36. Warwickſhire
Feeds large Flocks of Sheep, like thoſe of Lincolnſhire, though the greateſt
Part of their Wool is fold, and only ſo much retained as to manufacture ſome
woven Stockings, and at Coventry Tammys (or Coventry Ware) and Plaiding;
Hats of Felt, Caſtor , and Beaver, are alſo made here. Birmingham is famous for
its curious Works in Iron and Steel, ſupplied by the Mines of this County, which
alſo produces Coals, Corn, and Cheeſe in plenty. Of this latter (joined to what
comes from Leiceſterſhire) above five hundred Tons are ſent yearly by Land to
London, and ſome ſmall Quantities from hence by Barge to Oxford and Abingdon ;
beſides which theſe two Counties produce at leaſt a thouſand Tons, which is dif-
poſed of in the Manner mentioned under Leiceſterſhire.
37. Weſtmorland.
The Products of this County are but few, though what the Soil denies is ſupa
plied by the Induſtry of the Natives ; as at Kendal and Kirby-Lonſdale the Manu-
factures of Cloths, Druggets, Serges, Rugs, Peniſtons, Duffels, Cottons, Hats,
and Stockings, are very conſiderable; ſo that notwithſtanding its terrene In-
fertility, that of its Looms furniſhes a very handſome Part, both to the home
and foreign Trade.
38. Wiltſhire
Being one of the principal Counties in England for the Woollen Manufactures,
I ſhall here make a Summary of what I have ſaid concerning them in the others;
and in doing it, ſhall join ſome of the celebrated Mr. Daniel De Foe's Remarks
on theſe Fabricks, in his Complete Engliſh Tradeſman, to what Experience, and
ſome other Authors have furniſhed me with.
This and the other large and populous Counties of Somerſet, Glouceſter, and De-
von, have Manufactures to 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 conſidered,
that beſides the populous Cities of Exeter, Saliſbury, Wells, Bath, Briſtol, and
Glouceſter, the largeſt Towns, and a greater Number of them
than any other Part
of Great-Britain can ſhew, and of which ſome exceed in Magnitude the great
northern Towns of Leeds, Wakefield, Shefield, &c. ſuch as Taunton, Devizes,
Tiverton, Crediton, Bradford, Trowbridge, Weſtbury, Froom, Stroud, Biddeford,
Barnſtaple, Dartmouth, Bridgewater, Blandford, Wimbourn, Sherborn, Cirenceſter,
Minebead, Pool, Weymouth, Dorcheſter, Honiton, Malmſbury, Warminſter, Tedbury,
Tewkſbury, and many others too numerous to be inſerted, 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 ſome other preparatory Branch of the
Woollen Manufactory; and notwithſtanding the Aſſiſtance is ſo great, and the Hands
fo
many, yet it is by fome affirmed that they purchaſe yearly thirty thouſand Packs
of Wool, and twenty-five thouſand Packs of Yarn ready ſpun from Ireland.
It has already occaſionally been obſerved, that the interior or middle Parts of
England do alſo ſupply their Share of Wool, as Leiceſter, Northampton, and War.
wickſhires feed a prodigious Number of large Sheep (like thoſe of Lincolnſhire)
for the London Market, whoſe Wool, being of an extraordinary long Staple, and
exceeding fine, is carried (or the greateſt Part ofit) weekly, on Tueſdays and Fridays,
to Cirenceſter Market (which borders on Glouceſterſhire and Wilts) being not leſs in
Quantity



7 Մ
626
GENERAL COMMERCE OF THE WORLD.
Quantity than five hundred Packs per Week, and is there bought by the Combers,
and Carders of Tedbury, Malmſbury, and moſt of the Towns on that Side of the
aforeſaid two Counties, extra of what the Clothiers purchaſe themſelves, and di-
ſtribute among the Poor of the neighbouring Parts for Spinning; which being
performed, the Yarn is diſperſed as far as Froom, Warminſter, and Taunton, and
lo made to ſupply the Manufactures of the Weſt Country.
That Part of the Leiceſterſhire Wool, which remains undiſpoſed of in this Man-
ner, is carried northward to Wakefield, Leeds, and Hallifax, where it is mixt and
worked up with the Wool of thoſe Counties not eſteemed in general ſo fine as the
ſouthern ones produce, though the Fleece from the Woulds, or Downs, in the Eaſt
Riding of Yorkſbire, and the Biſhoprick of Durbam, is an Exception to the above
Remark, as it is very fine and of a good Staple, more eſpecially from the Banks of
the Tees, which are for a conſiderable Space of a rich Soil, and the Sheep deemed
the largeſt in England: It is hither that all the beſt Wool of the neighbouring
Territories is brought; and the coarſer Sort, with that from Scotland, carried into
Hallifax, Rechdale, Bury, and the manufacturing Towns of Lancaſhire, Weſtmore-
land, and Cumberland, and there employed in the coarfer Fabricks of thoſe Coun-
ties, as Kerſeys, Half-thicks, Yarn Stockings, Duffels, Rugs, Turkey-work Chairs,
and
many other uſeful Manufactures, which thoſe Parts abound in.
But it muſt not be underſtood from what I have here mentioned of the aforeſaid
Manufactures, that they are confined to the Places there quoted, as they flouriſh
in many other Parts of the Kingdom, and are taken Notice of in the ſeveral Coun-
ties and Places where they are eſtabliſhed. The Products of this Shire are, be-
ſides its Sheep and Wool, a little Fullers-Earth, many of the famous Rabbits of
Auburn Chaſe, and a large Quantity of Cheeſe, as mentioned under Berkſhire and
Somerſetſbire.
39. Worceſterſhire
Is not among the Number of the moit inconſiderable Counties, either for Pro-
ducts or Manufactures; it abounds in Corn, Cattle, Cyder, and Perry; at Droit-
wich are Salt Works; at Stowerbridge thoſe for Iron and Glaſs ; Broad Cloth,
mixt or Medleys, Frize, various sorts of Stockings, &c. are made at Worceſter;
Stuffs for Hangings and Printing, with ſome Linſey Woolſey at Kidderminſter,
and Seamen's high Crowned Caps (called Monmouth Caps) at Bewdley.


40. Yorkſhire,
The largeſt Shire in England, has a proportionable Share both of the foreign
and home Trade of it, which it carries on from the ſeveral good Ports lying in
the County : Its Products are various, according to the Difference of the Soil,
which in lo large a Tract muſ be much more fertile in ſome Parts than others.
At Wakefield are Coals, at Knareſborough, Ripley, and Pontefract, Liquorice. In
the North-Riding, the Hills encloſe Lead, Copper, and Pit Coal; in the Eaſt-
Riding is Allum, and about Sheffield Iron, which is there wrought into various
Cutlery Wares. At Rippon, Leeds, Hallifax, Wakefield, Bradford, and Huthersfield,
are large Manufactories of broad and narrow Cloth, mixt, called Dozens, Kerſeys,
and ſome Shalloons; Doncaſter is noted for Stockings, Gloves, and knit Waiſt-
coats, as Rippon is for Spurs; and in ſeveral Parts are found Freeſtone, Fullers-
Earth and Jet. This is a great Dairy County, and ſends a hundred thouſand
Firkins of Butter yearly to London, of which about fifteen thouſand are ſhipped
on the River Tees, from the Port of Stockton; fifty-five thouſand is the average
Quantity, one Year with another, brought into the City of York, and fent down
the Humber in Keels, to be reſhipped at Hull, and the remaining thirty thou-
fànd are ſent from that Place, Malton, Whitby, and Scarborough. Among other
Products of this County particularly, as well as others, that of Horſes Thould
not be forgot, which brings large Sums of Money into the Kingdom, there.
being few Princes in Europe who are not ſupplied from England with Sadale-
Horſes for their own Uſe, and for the Officers of their Armies.
This finiſhes the Counties in England; and I now proceed to thoſe of Wales,
of which the Commercial Deſcription will be ſhort, as they afford but very
little
towards the Support or Increaſe of Trade.
5
1. Angleſey

W A L E S.
627
1. Angleſey
Is an Iſland encompaſſed on all Sides by the Iriſh Sea, except on the S. E. where
it is parted from Caernarvonſhire by the River Menay or Menia; it produces
Cattle and Corn in plenty, with good Store of Mill-Stones to grind it.
2. Brecknockſhire,
Like the preceding, affords Cattle and Corn, with ſome Otter Furr, and at
Brecknock hath a good Trade for Clothing.
3. Cardiganſhire,
Beſides the afore-mentioned Products of Corn and Cattle, has good Mines of
Lead, ſome Copper, and a little Silver, though no Manufactures of any Sort.
4. Caermarthenſhire
Affords more Plenty of all Things than the preceding Counties, as it abounds
in Corn, Cattle, and Salmon; has Pits of Coal, and Mines of the beſt Lead; be-
fides which the Dairying Buſineſs, having been greatly improved of late Years in
South-Wales, but more eſpecially in this part of it, the Town of Caermarthen, is
become the Staple for it, and from thence is ſhipped about fifteen thouſand
Firkins of Butter for London yearly.
5. Caernarvonſhire
Has plenty of Cattle and Corn, though no other Commodities, nor any Manu-
factures for Trade; ſo ſhall paſs on to
6. Denbighſhire,
Which in many Parts is very fruitful, more eſpecially in Rye, Goats, and Sheep.
Denbigh is noted for Glovers and Tanners. Near Moinglath, and in ſeveral other
Parts, are good Lead Mines; and large Parcels of Flannels are ſold at Wrexham
Market, with Huckaback Linen to the Value of 500l. weekly : Blankets are
alſo made in this Part of the Country, and ſome Stockings both of Worſted and
Yarn.
7. Flintſhire.
This County has plenty of Cattle, which affords the Inhabitants greater Quan-
tities of Milk for their Dairies than is poſſeſſed by their Neighbours, and of which
they make more Butter and Cheeſe" than they want. Here is likewiſe Lead,
Pit Coal (almoſt ſufficient to ſupply Dublin Market ;) Mill Stones, and Honey
enough to make good Store of Metbeglin, a Beverage which the Natives are very
fond of.
8. Glamorganſhire,
Of which the South Part is ſo fruitful as to be called the Garden of Wales, yet
its Products are confined to Cattle and Corn, and the Natives Attendance thereon
their fole Employ.
9. Merionethſhire
Can boaſt only of Sheep for its Products, and wrought Cotton for its Manu-
factures ; ſo that it affords nothing for Enlargements in its Deſcription.
10. Montgomeryſhire
Is a delightful County, though noted for nothing but its Breed of Horſes and
Goats, ſo that like many other Shires of this Country it might be paſſed over
unremarked, did not my propoſed Method require the contrary.
II. Pembrokeſhire,
Though a very pleaſant County, and abounding with all the Neceffaries of Life,
brings nothing to Trade, except ſome of the largeſt Salmon in Britain, taken
near
628
GENERAL COMMERCE OF THE WORLD.
near Cardigan, in the River Tyvy, and conſequently affords no Room for en-
larging.
12. Radnorſhire
Makes ſome Cheeſe, and breeds ſome Horſes, with which it drives a ſmall
Trade, though hardly worth Regard.
1
To the preceding Account of England and Wales, I muſt add this Obſervation;
that beſides the Products and Manufactures therein mentioned, ſeveral of leſs
Import are diſperſed in many Parts of the different Counties, as of Tanners, Pot-
ters, &c. which all together produce Commodities to a very conſiderable Value :
More eſpecially the Manufactures of Porcelain at Bow, Chelſea, and Worceſter,
the two latter for ornamental, and the former both for this, and uſeful China,
which are brought to ſuch Perfection, as in many Reſpects to equal, and in ſome
to exceed, the original Fabricks of the Indies.
Having finiſhed my promifed Deſcription of the Southern Part of Great-
Britain, with Reſpect to its Products and Manufactures, my intended Method
now leads me to do the ſame by the Northern Part called Scotland, which is
bounded on the South by the Iriſh Sea and England, from which it is divided
by Solway Firth, and the Rivers Elk and Kerlop, on the Weſt Border ; by the
Cheviot Hills, in the middle Marches; and by the lower Parts of the River
Tweed on the Eaſt Border. On the Eaſt it is bounded by the German Sea; on the
North by the Deucalidonian Sea ; and on the Weſt by the great Weſtern Ocean.
Its Situation is by ſome ſuppoſed to be from 54. 54. to 58º. 32'. of Latitude, and
from 15°. 40. to 17° 50'. of Longitude; though by Stralocb's Maps the Latitude
is made to be from 55° 11'.to 59° 20'. and the Longitude from 10°. 5. to 16º.o'.
Authors likewiſe differ as much about its Extent as they do in Regard to its
Situation, though the Generality of them conclude it to be from the Mull of Gal-
loway in the Sauth, to Dungſbayhead in Cathneſs, North, about 215
Scots and
257 Italian Miles ; and between Buchaneſs, on the Eaſt Sea, and Ardnamurchan
Point on the Weſt, near 140 Scots or 168 Italian Miles ; and though it be thus
long and broad, yet the Sea running up into the Land in ſome Places, and the
Land thruſting out into the Sea in others, leaves no one Houſe above forty or
forty-five Miles diſtant from the latter.
The Diviſion of it is into thirty-one Shires and two Stuarties, of which I ſhall
briefly fpeak in alphabetical Order, and then give an Account of their
ducts and Manufactures together.

ز
1. Aberdeen.

This Shire is far from being unfruitful, as the Plains produce all sorts of
Corn, and the Mountains good Paſturage; the neighbouring Sea affords Plenty
of Fiſh, and a ſufficient Matter of Reproach to the Natives for their Negligence,
in permitting the Dutch, for ſo many Years, uninterruptedly to reap thoſe
immenſe Gains they have done from theſe Coaſts, without being animated by
their Example, at leaſt to Share the Profits with them, which I hope they
will now be taught to do, by the Eſtabliſhment lately made for this purpoſe.
Hitherto they have contented themſelves with the Salmon, Trout, and Perch
Fiſhery, in which the Rivers of this Shire abound almoſt to a Prodigy; and
here are likewiſe found many Shells with Pearls of a large Size and good Colour.
The Women in this County are noted for ſpinning a fine Linen Yarn, which
they ſell to the Fabricks of Aberdeen in great Quantities; and is there manu-
factured into Cloth of a very good Quality (as is alſo done at Strathbogy ;) large
Parcels of worſted Stockings are alſo made here, and of theſe, ſome fo fine,
have been ſold for fourteen, twenty, and thirty Shillings a Pair. They pickle
and pack in Barrels great Quantities of Pork for Exportation, as they do Meal
and Corn; and indeed the Inhabitants of this City may juſtly be deemed uni-
verſal Traders,
as
2. Aire
BSC Í Í, A N D.
62
-
or ledsna 277004. Bamioty na bois
and is privileged Machich is ſtill called the Shire.
2. Aire
Contains the three great Bailiwicks of Scotland, viz. Carrick, Kyle, and Cun-
ningham, which differ in the Fertility of their Soil, though none of them are bara
ren; they produce Corn and Cattle, as the preceding Shire does, but not in ſuch
Plenty; and the Inhabitants, being an induſtrious People, are many of them em-
ployed by the Merchants of Glaſgow and other Places, in their Herring Fiſhery.
The River Aire abounds with Salmon and Trout, as Lady-Iſle (about five Miles
from the Town of Aire) does with Fowl and Rabbits'; and from Irwin great
Quantities of Scotch Coal are exported for Ireland.
es aboubert i 3. Argyle. od tiso sisi za
to
in base
This Shire is generally fitter for Paſture than Tillage, though it produces Corn
in great Plenty; its Rivers afford Abundance of Salmon, as its Coaſts do of Her-
ring, Cod, and Whitings ; Lorn is the pleaſanteſt and moſt fruitful Part of it,
and the Inhabitants are more given to Fiſhing and Hunting than to any Manu-
factures.
toisi
IS
very fertile, and the Generality of the Country well furniſhed with Graſs
and Corn, as the Rivers are with Salmon, of which here is a very advantageous
Fiſhery. In Balvenie is found the Stone of which Allum iš made; and near
Strathyla, ſuch a Quantity of thoſe for Lime, that they build their Houſes with
it, extra of what they ſell, which brings in great Profit, as their Commerce of
fat Cattle, and fine Linen, diſpoſed of in their weekly Markets, does at the Vil-
lage of Keith. In Balvenie there is a Rock of very good Wet-ſtones and Hones,
fufficient to ſupply the whole Ine; and as they are ſo abundant, the Neighbours
cover their Buildings with them inſtead of Slates, it led bra
5. Berwick
To apoibormooni toga. Mo
Was originally a Scotch Town, and has never to this Day been accounted any
Part of England; it has divers Cuſtoms diſtinct from thoſe of either Kingdom;
of the Merfe, or
of Berwick.
This County is very fruitful in Corn and Graſs, with the former of which and
Salmon, Berwick carries on a great Commerce; as Duns (famous for the Birth of
John Duns Scotus) does for a weekly Market for Cattle and other Things, ſo that
it has the beſt Trade in this County.


ES
6. Buthe, Bute, Bootes tusdiig son
Is a ſmall Iſland near the Coaſt of Argyle, about ten Miles long, and a Shrievalty
of itſelf, whoſe Sheriff has alſo under his Juriſdiction the Iſland of Glotta or
Arran; both theſe Ines are tolerably fertile, and their Produce of the ſame
Nature with that of the other Weſtern Iflands; Bute is beſides famous for its
Herring Fiſhery, as Arran is for the Salmon, taken in its ſeveral Rivers, and
for the Herrings, Cod, and Whitings on its Coaſts. 10 DA
7. Caithneſs,
Being the northernmoſt Part of Scotland, and lying low on the Coaſts, produces
only Corn, though the Mountains abound with Sheep, Goats, and black Cattle;
of which latter large Droves are ſent to England, and chiefly diſpoſed of in the
Counties of Norfolk, Suffolk, and Elex; it is ſuppoſed by ſome that Lead, Copper,
and Iron, may be found in theſe Parts, though as yet no Mines have been opened
of either; and whatever the Indications may be of theſe Riches, no one has
hitherto attempted a Search after them, either through a Want of Faith or Funds,
or both.
7 X
8. Clack,

630
GENERAL COMMERCE OF THE WORLD.
8. Clackmannan,
Though but a ſmall, is a fertile County, both in Corn and Paſturage, and
likewife abounds in Salt, and produces more Coals than any Part in North-
Britain, which are exported to England, France, and Holland.
19. Cromartie
Is a woody Country, and noted only for the Pearls found in the Waters of
Corron; ſo I paſs on to
10. Dumbriton or Dumbarton,
Of which as little can be ſaid, in Regard of its Products, as of the preceding
County, the Lowlands yielding Corn, as the Uplands do Paſturage, beſides which
nothing is found here to promote Trade.
11. Dumfries, with the Stewarty of Annandale.
The Soil of this County is more ſuited for the Graſier than the Farmer, and a
tolerable Trade is carried on by the Natives in Cows and Sheep. Near Wachop-
dale the People make Salt of Sea Sand, which is a little bitteriſh, ſuppoſed to pro-
ceed from the Nitre with which it is impregnated. Dumfries is a conſiderable
trading Town, well filled with Merchants, as its Port is with Shipping, though
the Woolen Manufacture that formerly flouriſhed here is now decayed.
12. Edinburgh, or Mid-Lothian.
This Tract of Land is plentifully furniſhed with all Neceſſaries for Life, and
ſome for Trade, as it produces Corn and Cattle of all Sorts, Abundance of Cod,
Lime-ſtone, and Salt; and near the Water of Leith is a Mine of Copper. Edin-
burgh, the Capital of this Shire, and of Scotland, is a noble City, though built
on a Spot incommodious for Trade, ſo that Leith is the Port to it, from whence,
as may reaſonably be ſuppoſed, a very great Traffick is carried on; though this
might be vaſtly increaſed, had the Temper of the People led them to the Conti-
nuance and Eſtabliſhinent of Manufactures ; but thoſe they had before the Union
are moſtly laid aſide, as the Inhabitants are more conveniently ſupplied ſince
with all Sorts of Commodities from England.

1975 )
13. Elgin
Takes its Name from the Royal Burgh ſo called, and is a very fruitful Part of
the Country, as well in Corn as Cattle; Leſlie may properly be called its Har-
bour, not lying far diſtant, and is a Place of good Buſineſs. At a Village called
Germach, are annually pickled and exported from eighty to a hundred Lafts of
Salmon, all taken in the few Summer Months, and within the Space of a Mile.
14. Fife
Is an excellent Spot of Ground, abounding with Grain and Paſture, and in
fome Places with Lead Ore and Coal; its Seas are well filled with Fith, as well
thoſe guarded with Scale, as Shell. At Dunfermline is a Manufacture of Diaper
and other Sorts of good Linen, which is the ſole Employ of its Inhabitants,
and thoſe of the neighbouring Towns,
15. Forfar, or Angus,
colod nigrica
Has ſeveral Quarries of Free-ſtone and Slate, with which a good Trade is
driven; near the Caſtle of Inner Markie, are Mines of Lead; and Iron Ore is
found in Plenty near the Wood of Dalbogne. The higher Ground (called the
Brae) ſupports Abundance of red and Fallow Deer, with Roebucks, and Fowls ;
and the Salmon Fiſhery here is very conſiderable,


16. Had
SCOTLAND
631
16. Haddington
Contains Eaſt Lothian, which, like the other part of Lothian, is a fine Coun-
try; the chief Towns are Dunbar and Haddington, of which the former had once
a large Herring Fiſhery, where they cured them in the ſame Manner as at Yar-
mouth, though not with the ſame Perfection for their Preſervation, ſo that this
Buſineſs is now come to Decay; as has been the Fate of a conſiderable Woolen
Manufacture that once flouriſhed at Haddington, when, before the Union, Eng-
liſh Cloth was prohibited in Scotland; but when that was once concluded, the
Člothiers from Worceſter, Glouceſter, Wilts, Somerſet, and Devonſhire, poured
in their Goods ſo faſt, and underſold the Scots ſo much, as reduced them to a
Neceſſity of quitting their Fabricks, for the greateſt Part; and at this place to
content themſelves with Spinning, Dying, and Weaving of another Sort.
17. Inverneſs
Abounds in Iron, and with it its neceſſary Concomitant, large Woods of Firand
Oak; other parts of the Shire are very fertile; and at the Town of Inverneſs,
there are Manufactures of Linen and Plaids, whoſe weekly Market is plentifully
ſupplied with Butter, Cheeſe, and Goats Milk, though all very bad, and ſhame-
fully naſty in their Kinds; up the River is a very great Salmon Fiſhery, which,
when cured, is embarked at this Town, being conveniently ſituated for Trade.


18. Kincardin.

This County is fruitful in Corn, Paſturage, and Timber, having above five
Millions of Fir Trees, beſides vaſt Numbers of many other Kinds, planted in leſs
than a Century paſt. Paldykirk has an annual Fair, continuing three Days, where
the principal Commodity ſold is coarſe Cloth, commonly tranſported to the Ne-
therlands.
19. Kinross
Is a ſmall Tract of Ground, in which there is nothing remarkable, but a
Lough abounding with Pikes, Trouts, and all sorts of Water-Fowl.
20. Lanerk.
gow is,
The chief City of this Shire is Glaſgow, and the beſt Emporium of the Weſt
of Scotland, though Lanerk is the County Town; the Country abounds with
Coals, Peat, and Lime-ſtone, but moſt advantageouſly with the Lead Mines be-
longing to the Earl of Hopton, near which large Pieces of Gold have been found
ter hafty Showers, and Lapis Lazuli dug up without much Difficulty. Glaſ-
in Regard of its Trade and Grandeur, only inferior to Edinburgh, having
a conſiderable Number of Merchants reſiding here, and no ſmall Fleet of Ships
belonging to them, for executing their commercial Projects, as well in America
as elſewhere. Their Share in the Herring Fiſhery brings great Advantages to
the City, as they have a Method in their Cure that makes them equal to the Dutch
ones ; here are ſome Sugar-Bakehouſes, a Manufacture for Plaids, and another
for Mullins and various Linens, of which large Parcels are ſent abroad.
21. Linlithgow, or Weft-Lothian.
This County in general abounds with Corn-Fields, Meadows, and green Hills
which afford Paſturage for large Flocks of Sheep and other Cattle; the Rivers
and neighbouring Seas abound with Fiſh ; and here is Plenty of Coals, for Fuel
and Exportation ; at Preſton Pans, and elſewhere is made great Quantities of
At Linlithgow is a large Manufacture of Linen, and the Water is
experienced to be of ſuch an extraordinary Nature for Bleeching, as to induce
many People to bring their Liner for Whiting here, to the no ſmall Advantage
of the Place,
22. Nairn.


Salt.
632
GENERAL COMMERCE OF THE WORLD.
22. Nairn.
The Soil of this County is fruitful and rich, the lower Part bearing Plenty of
Corn, whilſt the upper Parts flouriſh with Paſtures fit to graze Cattle for fatung
and the Pail; and indeed here is nothing wanting that any other Part of the
Kingdom produces.
23. Peebles, or Tweedale,
Enjoys a temperate Climate and a clear Air; its Mountains are clothed in a
beautiful Verdure that affords Paſture for large Flocks of Sheep, bearing an excel-
lent Wool, of which the greateſt Part is ſold into England ; the Rivers abound
with Salmon, and the Vallies near them are fruitful in Corn and Graſs, Here
are ſome Coal Mines, with Plenty of Turf for Fuel ; and the Lake called Weft-
Water produces ſuch Quantities of Eels and other Fiſh, about Auguft, that
during a Weſt Wind they ſhoot in ſuch Shoals into a ſmali River running
from the Lake, as ſometimes to overthrow the People who go in to catch
them.
EG: 24. Perth
Is
very fruitful in Grain, more eſpecially in that Part of it called Gowry, which
is
very
remarkable for its noble Corn Fields, as the River Keith is for its fine Sal-
mon Fiſhery. Culroſs is noted for its Trade in Coals, Salt, and Girdles. The
Ochil Hills are ſaid to abound with Metals and Minerals, particularly with good
Copper, and Lapis Calaminaris, and at Glen Lion with Lead. At Pertb (the
ſecond Town in Scotland for Dignity) is ſo conſiderable a Manufacture for Linen,
as to ſupply all the neighbouring Territory in ſome Branch of it; and as the Tay
is navigable up to the Town for Ships of good Burthen, they here embark vaſt
Quantities of it for England; this River alſo furniſhes the Town with fine Salmon
in prodigious Quantities, which is carried to Edinburgh, and other Parts where
this Filh is wanting, beſides barrelling up large Parcels for Exportation, as the
Merchants of this place carry on a very conſiderable foreign Trade.
25. Renfrew.
This is in general a more pleaſant than fertile County, though it furniſhes ſuf-
ficient Neceffaries for the Natives, and that Part bordering on the Clyde is very
fruitful. At Greenock is the chief Seat of the Weſtern Herring Fiſhery; and at
Paſly, and for three Miles above it, in the River Whitecart, are found many
Pearls eſteemed for their Size and Beauty.

26. Rofs
Is fertile in Corn, except toward the Shore next Murray Firth, though it
abounds with Woods and Paſture, which furniſhes Food for its numerous Herds
of Cattle, Goats, and Deer. At Locb-ew great Quantities of Iron were formerly
made, and a little farther North Loch-Brien runs into this County, and is cele
brated for its noble yearly Fiſhery of Herrings, whoſe Quantities are inconceiv-
able, except by Eye-witneſſes of them : The Rivers of this County produce fine
Pearls, and the Diſtrict of Tayn is a very fruitful pleaſant Country.
27. Roxburgh,
Fruitful in Corn and Paſturage, abounds alſo in Herds of Cattle of the beſt
Breed in Scotland, both for Size and Goodneſs. Kelſo is a Town of good Trade,
as are ſeveral others in this County.

28. Selkirk
***
Produces but little Corn, the Country being fitter for the Grazing Trade than
the Plow, and accordingly the Inhabitants principally fubfift by it, as they raiſe
and feed great Quantities of Cattle, which they ſend to England for Sale.
29. Stirling,
S C Ο Τ L Α Ν D.
633
yet is
29. Stirling, or Strivelirig,
Is
very
fertile both in Corn and Graſs, which feeds and fattens large Flocks
of Sheep and black Cattle. Its Rivers very plentifully ſupply it with Salmon,
as its Mines do with Peat and Coals; at Stirling there is a very conſiderable
Manufacture of Serges and Shalloons, which in Make and Dye are very good,
and proves a great Support to the poor People employed in it, as they are there-
by enabled to live very comfortably.
30. Sutherland, including Strathnavern,
Though a northern Province, is more fruitful in Corn and Paſturage than could
be expected from its Situation; it abounds with Fiſh, Fowl, Sheep, black Cattle,
Goats, and Deer; here is one Sort of Bird peculiar to the Country, which is called
Knag by the Natives. This Shire abounds with Lakes and finall Rivers, in which
are ſometimes found Pearls of great Value; as alſo in Silver, Iron, and Coal
Mines, Quarries of Free-ſtone, &c. but all very much neglected : Strathnavern
is Part of the County, and being very mountainous, produces but little Corn,
very
abundant in all Sorts of Cattle, as its Lakes and Rivers are in Fiſh,
more eſpecially Salmon; they have Iron alſo here, and both this and the other
Part of the Shire export very conſiderable Quantities of Salt Beef, Hides, Deer,
and Sheep Skins, Tallow, Butter, Cheeſe, Cod, Salmon, Wool, &c.
31. Wigtoun
Comprehends alſo the Weſt Part of Galloway, which produces excellent Wool,
and briſk, hardy little Horſes, called, after the County, Galloways; the Rivers
abound with Salmon; and both Parts having ſeveral good Harbours, they might
carry on a much better Trade than they do, was the Induſtry of the Inhabitants
correſpondent with the Products of the Country.
Beſides the thirty-one preceding Sheriffdoms, which ſend Members to Parlia-
ment, there are two Stewarties, viz. Kirkcudbright and Orkney, the former being
in its Products ſimilar to Wigtoun, juſt now mentioned (of which it is a Part ;)
though the latter is very different, and conſiſts of the Iſles of Orkney and Shetland,
which being many, their Soils are various, though in general they are fertile,
notwithſtanding they lie ſo far North, and are fruitful in Corn and Cattle. The
Author of The preſent State of Great-Britain, ſays, that in Pomona (the largeſt
of the Orcades) there are ſeveral Mines of good white and black Lead, and that
its Lakes and Rivulets abound with Salmon ; Salt is made at Sanda, and from
theſe Iſlands together are yearly exported large Quantities of Butter, Tallow,
Hides, Barley, Malt, Oatmeal, Filh, falted Beef, Pork, Rabbit Skins, Otter
Skins, white Salt, Stuffs, Stockings, Wool, Hams, Quills, Down, and Feathers.
The Iſles of Shetland differ very much from the Orkneys, as they have but little
Corn of their own Growth, ſo are obliged to import it from the others, though
they have Abundance of Fiſh on their Coaſts, and an equal Plenty of Cattle on
their Lands: They have Manufactures of coarſe Cloths, Stockings, and knit
Gloves for their own Uſe, and ſome they ſell to the Norwegians.
And from this Deſcription of the Products and Manufactures of the different
Shiſes may be collected, that Scotland furniſhes to the Trade of Great-Britain large
Quantities of Wool, wrought and unwrought; Hemp and Flax,crude and worked
up into Linens, coarſe and fine; Hollands, Cambricks, Mullins, Callicoes, Dornick,
Damalks, &c. Plaids (in which they excel all Nations both in Fineneſs andColours)
Iron, Copper, and Lead both white and black; Pearls, Coral, and ſometimes Am-
bergris; great Quantities of Fiſh, ſuch as Whales, Herring, Salmon, Cod, Ling,
Turbots, Mackarel, and ſometimes Sturgeon; among theſe may alſo be reckoned
Otters, as they are amphibious Creatures, and produce a Wool which ſerves for
various Uſes. Scotland alſo affords Fullers-Earth, fome Sperma Ceti (found on
the Coaſt of the Orcades) Coal, Marble, Agate, Cryſtal, &c. different Sorts of
Grain, Cattle, Butter, Cheeſe, Timber, &c. of which fome are ſent to different
Markets, as will be remarked when I ſpeak of the Imports and Exports of this
Kingdom,



7 x
634
GENERAL COMMERCE OF THE WORLD.
Kingdom, which I ſhall do ſubſequent to the ſhort Deſcription I have to give
of the Counties in Ireland, to which I am now led in the Proſecution of my
Scheme.
IRELAND.
Ireland is divided into four Provinces, viz. Connaught, Leinſter, Munſter,
and Ulſter; and theſe again ſubdivided into Counties, of which, Connaught
contains Gallway, Letrim, Mayo, Roſcommon, Slego, and Thomond; Leinſter con-
fiſts of Catherlagh, Dublin, Eaſt-Meath, Kildare, Kilkenny, King's County, Long-
ford, Queen's County, Weft-Meath, Wexford, and Wicklow ; Munſter is compoſed
of Cork, Kerry, Limerick, Tipperary, and Waterford ; Ulſter contains Armagh,
Antrim, Cavan, Down, Donnegal, Fermanagh, Londonderry, Louth, Monaghan,
and Tyronne ; of all which briefly and in Order.
mo
I. Gallway
Is a County very fruitful to the Farmer, and not leſs advantageous to the
Shepherd; its chief City is called after the County, and is a Place of great Trade,
being finely ſituated for carrying it on, in a Harbour capable of containing a large
Fleet of Ships, called the Bay of Gallway.
2. Letrim,
Though a very hilly Country, produces Plenty of a rank Sort of Grafs, which
feeds almoſt an infinite Number of Cattle, ſo that Grazing is here the principal
and indeed almoſt fole Employ.
3. Mayo.
A Diſtrict very different from the preceding, as it is very fertile, and remark-
ably rich in Cattle and Deer, beſides being celebrated for its producing a large
Quantity of fine Honey.
4. Rofcommon,
Being a plain Country, is ſuited to the Plow, and with very little Labour
becomes fruitful, and yieldeth Plenty of Corn.
5. Slego,
Though not abounding in Grain, is a very plentiful Country both for breeding
and feeding Cattle; ſo that beſides the Advantages ariſing from the fattening them,
the Fleece and the Pail proclaim the Riches of the graſing and dairy Trade.
Slego had in the Year 1723 eighteen Ships (with 880 Tons) belonging to its Port,
6. Tbomond
Is a very fruitful Soil, abounding both in Tillage and Paſturage; beſides which
it enjoys the Advantages of a commodious Situation for Trade and Navigation.
7. Catherlagh.
This County enjoys a Diverſity of Soil, all contributing as well to Pleaſure as
Profit; its terrene Fertility being blended with the advantageous Products of the
Woods; and the Beauties of Ceres and Faunus contributing by their Contraſt to
form a delightful Landſkip.
8. Dublin
Produces Corn and Graſs in Plenty, and conſequently cannot be deſtitute of
Cattle, though it is of Wood, ſo that the Fuel is only Peat dug here, and Coal
brought from Wales and other Parts of Great-Britain. The City of Dublin is
the Capital of Ireland, and eſteemed the beſt built of any one in the three King-
doms, next to London ; it carries on a great Trade, has large Manufactures, and
in the aforeſaid Year 1723,
had 1834 Veffels (with 90,758 Tons) appertain-
ing to it.
5

9. Eaft-
I R E LA N D.
635
9. Eaſt-Meath
Is a County very rich, pleafant, and populous, affording an Employ for the
Grazier, Farmer, and Manufacturer, carrying on a good Trade, more eſpecially
from the chief Town Trim.
10. Kildare,
Not unlike the preceding, being rich and abundant in all Neceffaries of Life,
and furniſhing Sundries for Trade.
11. Kilkenny,
In Plenty of all Things, is inferior to no other Part in this Kingdom; the
chief City, bearing the County's Name, is very large and ſtrong, and the moſt
populous, rich, and beſt trading inland Place in Ireland.
12. King's-County
Is a Spot not near fo fertile as ſome others, and therefore affords but little
to be ſaid in its Favour,

13. Longford,
Though a ſmall, is a very rich and pleaſanit Country, abundant in Products,
both for the home Couſumption and Sale.
14. Queen's-County.
This is a poor County, full of Woods and Bogs, productive of very little Corn,
though is ſomething more abundant in Cattle, to which its whole Riches is
confined, with the Exception of what their Timber produces.
15. Weft-Meath
Abounds in Plenty of all Things, and for Fertility and Populouſneſs is inferior
to no County in this Kingdom, which enables it to furniſh Trade with ſeveral
Commodities.
16. Wexford,
Like the preceding County is very fruitful, and produces Plenty of Corn and
Graſs ; it likewiſe abounds in Cattle; and Wexford, the Borough Town, was
formerly reckoned the chief City in all Ireland ; and though it is not ſo now, it
yet continues a Place of good Trade, having a very commodious Haven at the
Mouth of the River Urem or Slany, to which belonged, in 1723, twenty-one Ships
(with 640 Tons.)
17. Wicklow
Muſt neither be counted fertile, nor barren, being of a middling Nature, and
conſequently its Products do not greatly increaſe or improve Commerce; its
Port of this Name) however had appertaining to it, in 1723, twenty-one Ships
(with 799 Tons.)
18. Cork.
It is (including Deſmond) the largeſt County in Ireland, though counted very
wild and woody; it has ſeveral good Trading Towns, as Youghill, Kinſale, Rofé,
Baltimore, but above all, the Capital of the County, Cork, which is a Place from
whence great Exports are made, having a very commodious Harbour, and being
otherwiſe conveniently ſituated for that Purpoſe; it had in the Year 1723, fix
hundred and ninety Ships (with 36,526 Tons) belonging to it; roughill fifty-
one Ships (with 2153 Tons ;) Kinſale forty-four Ships (with 2214 Tons;) Roſe
twenty-ſeven Ships (with 1591 Tons ;) and Baltimore thirty-eight Ship, with


1193 Tons.
19. Kerry
636
GENERAL COMMERCE OF THE WORLD.
19. Kerry
Has its Mountains generally covered with Wood, and its Vallies enriched with
Corn Fields; Dingle is the chief Town, well ſituated for Trade and Navigation,
on a large Bay of the ſame Name, and the weſternmoſt of any Note in all the
Kingdom, and had, in the above-mentioned Year, appertaining to it, fix Ships
(with 288 Tons.)
20. Limerick

Is a fertile Country and well inhabited, being mountainous towards the Weſt,
and the Reſt plain. Limerick, the Capital, is an elegant, rich, and populous City,
whoſe Trade is very conſiderable; for though its Diſtance from the Sea is about
fifty Miles, yet Ships of Burthen may come up to the very Walls, and in the afore-
ſaid Year it had belonging to it ſeventy-one Veſſels (with 3443 Tons.)
21. Tipperary
Towards the South is exceeding fruitful, though the other parts of it not fo;
its Products furniſh ſomething towards Trade, though it has no Place well
ſituated for carrying any on.
22. Waterford,
A moſt delightful Country, whether confidered in Regard to Riches or Plea-
ſure; and Waterford, the chief City (and the ſecond for Bigneſs in the Inand) is
very wealthy, populous, and well ſituated for Trade, in which it is very conſide-
rably engaged; and its Exports are as large in Leather, Butter, &c. as moſt in
the Kingdom ; it ſtands at a good Diſtance from the Sea, yet Ships of a large
Burthen may come up to, and ſafely lie at the Key, of which it had of its own,
in 1723, 176 (with 7554 Tons.)
23. Armagh.
This County, for Richneſs and Fertility of Soil, is ſuppoſed to ſurpaſs any in
Ireland, though being deſtitute of Places of Trade within itſelf, its Product
ſerves to ſwell the Number of thoſe that integrate the Commerce of its better
ſituated Neighbours; it is, however, fully employed in the manufacturing
Linens, which ſupply its Want of the exporting Buſineſs.


24. Antrim ve
Is ſufficiently fruitful, and is one of the five Counties that are fully employed or
embarked in making Linens : its chief Town is Carrickfergus (or Knockfergus) is
very rich, populous, and a Place of good Trade, being commodiouſly ſituated for
it on a Bay of the fame Name, with an excellent fine Harbour; to which we inay
add Belfaſt, about eight Miles diſtant, ſeated at the Mouth of Lagen-Water, as it
is a thriving Town, and daily improving, having three hundred and ſeventy
Sail of Vefſels (with 9180 Tons) appertaining to it in 1723.
25. Cavan
Affords little worth Regard in a Work of this Nature, as the ſole Employof the
Inhabitants is ſpinning Thread for the Linen Manufactures in other Parts.
26. Down.
A very fertile Spot in general, though ſome Parts are imcumbered with Woods
and annoyed by Bogs; here are ſome few Towns with a pretty good Trade,
lying on Carrickfergus Bay,'&c. but the principal Employ of the Natives is the
Linen Manufacture, carried on to as great a Height in this as in any other County
of the Kingdom,
27, Donnegal
I R E L A N D.
637
-
27. Donnegal
Is a fine champagne Country, and with many more Havens than any other Diſtriể
in the Kingdoin; ſo that its Situation for Trade naturally encourages the Inha-
bitants to improve and fall more into it, than other Parts deſtitute of ſimilar Ad-
vantages. Killebegs had fix Veſſels (with 355 Tons) belonging to it in 1723; and
a large Quantity of Thread is ſpun in this County for the making Linens in its
Neighbourhood.
28. Fermanagh,
So like to Queen's-County, that one Deſcription may ſerve for both.
29. Londonderry,
A County fomething champagne, and very fruitful in Corn, Cattle, &c. it has
fome Places of Trade, though none of ſo much Confequence as Londonderry,
which in 1723 had fifty-eight Ships (with 2281 Tons) belonging to it, and Cole-
rain thirty-four (with 796 Tons;) this is a Part of the Country very conſiderable
for its Linen Manufactures, in which the major Part of the Inhabitants find a full
Employ.

30. Louth
Is a County abounding in Forage, and otherwiſe fufficiently fruitful, carrying
on a very good Trade, from the many Towns it has well ſeated for commercial
Engagements, as Drogheda, Dundalk, Carling ford, &c. of which the firſt had
in the aforeſaid Year a hundred and eighty-five Veſſels (with 4715 Tons) and Dun-
dalk two hundred and thirty-two Ships (with 4302 Tons) appertaining to them.
31. Monaghan,
Only to be mentioned for Method Sake, as it is a Territory covered with Hills,
and theſe with Woods, without any Scite or Products for Trade, except what the
Natives procure in ſpinning Thread for the Linen Fabricks of other Parts.
32. Tyrone.
This is a rough and rugged Country, but withal ſufficiently fruitful, though
without affording any Thing particular to remark in Regard to Trade, except its
extenſive Linen Manufacture, which affords the Natives a very comfortable
Support.

From the preceding Account of the Shires, may be collected that the Products
and Commodities of Ireland are, Cattle, Hides, Tallow, Suet, great Quantities of
Butter and Cheeſe, Wood, Salt, Honey, Wax, Furs, Hemp, Linen and Woolen
Cloth, Frizes, vaft Store of Wool, coarſe Rugs, Pipeftaves, Hoops, Salmon, Her-
rings, Pilchards, Lead, Tin, and Iron, of all which I ſhall remark what ſerves for
Exportation, when I come to ſpeak of the foreign Trade of this Kingdom in its
proper Place; but ſhall, previous hereto, treat of the general Traffick of Great-
Britain, in the Method I formerly propoſed, viz. by dividing it into the home and
foreign; though in this fome Difficulty occurs, as they are too much blended to
admit of an eaſy and nice Separation. Our home Trade (which is certainly the
greateſt in Europe) being conſiderably encreaſed by our Importation of many foreign
Commodities, as Wines, and Brandies,Oranges, Lemons, Raiſins, Almonds, Figs,
Spices, Anchovies, Caper, and Olives, all conſumed within Land, and moſtly by a
retail Trade; raw and thrown Silk, Linen and Cotton Yarn, Spaniſh Wool, &c. all
manufactured here; Materials for Dying, ſuch as Woad, Madder, Sumach, Or-
chil, Indigo, and Cochineal; Oil, both edible and for cleanſing our Woolens, &c.
Theſe and many more imported Commodities, are mixed with our Products and
Manufactures to the Supply of our Tradeſmen's Shops, and the conſtituting that
one immenſe Article called the home Trade. I might here expatiate on the Sub-
7 Z
ject;

638
GENERAL COMMERCE OF THE WORLD.
ject; and add, that all thoſe Goods uſed in our Fabricks, do not only paſs through
the Hands of the Weaver to that of the Shop-keeper, as raw Silks are firſt dyed,
ſpun, and thrown, before they are woven, and ſo loſe their Species to become
an Engliſh Manufacture; Cottons paſs pretty near the ſame Transformation, and
almoſt all theſe conſumed amongſt us. But the principal Branch of our home
Trade, and in which an infinite Number of Hands are employed, is our Woolen
Manufacture, whoſe Importance will be demonſtrated, by explaining the many
different Steps taken towards its Perfection; for though on a tranſient View it
ſeems ſoon and eaſily performed, yet the Apparatus (rightly regarded) will be
found to be very conſiderable, and almoſt equal to the Manufacture itſelf, as the
Materials muſt be differently prepared, and paſs through ſo many Hands before
they coine to the Finiſher, and after him to the Tradeſman.
The Wool and Oil has been already mentioned as the great Principles of the
Manufacture in general, as theſe are brought by different Channels to the Artiſan,
and indeed paſs a long way in the ordinary Channel of Trade, before they meet
at the Clothier's Houſe.
The beſt Oil for this purpoſe comes from Gallifoli, and moſt of the imported
Wool from Irelandand Spain (the Quantity of that from Turkey and Barbary being
but ſmall;) though the principal Fund of this Manufacture is the Produce of our
own Sheep. This Wool takes a great many different Turns through many Hands,
and appears in a Variety of Shapes; ſuffers ſeveral Operations and Changes, before
it arrives at the Clothier's; and in theſe various Alterations, or Mutations of its
Species, it may juſtly be faid to be for ſome Time the Employ of a different
Tradeſman, and thereby confiderably to augment our home Trade.
The Wool is firſt taken from the Sheep's Back, either by the Shearer, Farmer,
or Fellmonger, and generally ſold to the Staplers, who are a conſiderable Set of
Tradeſmen ſcattered over the Kingdom in order to make theſe Purchaſes, and who
afterwards convey it to the firſt Part of its Manufacture, by ſelling it for Combing
and Carding. This Operation is ſucceeded by the next, that of Spinning; though
previous hereto, an occaſional Branch of Buſineſs intervenes, I mean that of Car-
riage (which is far from being inconſiderable) as none of the Wool is ſpun where
it grows; and thus it muſt be ſorted, oiled, combed, carded, ſpun, and otherwiſe
prepared, before its becoming fit for the Loom, which I mention to ſhew the
Greatneſs of this Buſineſs, though the whole muſt not be called a home Trade, as
it furniſhes a principal Branch of our Exports to all Parts of the World.
Another Part of our home Trade is that inconceivable Branch of Land and Sea
Carriage; the Proceſs of the Coal Trade from the Mine to the Conſumer : The
Portage of Butter, Cheeſe, and all other Commodities, from Place to Place, but
more eſpecially of Corn, Malt, and Meal is prodigious; and though this is neither
Buying or Selling, Making or Manufacturing, Planting or Reaping, yet it muſt
be reckoned a Part of Trade, as carried on by thoſe who are juftly called Tradeſ-
men; and were it poſſible to calculate the immenfe Sums of Money which this
Buſineſs annually produces; the Number of Men, Cattle, and Ships that it con-
ftantly employs, with the confequentially neceffary Retainers, of Ship-Carpenters,
Wheelwrights, &c. my Reader might form ſome Idea of the Vaſtneſs of this
Commerce, and the Importance of the People who carry it on.
Beſides which, our Country furniſhes for home Conſumption, as well as Ex-
portation, many Things too tedious to be enumerated in the Limits I have pre-
fcribed myſelf, ſo ſhould now commence my Account of our foreign Trade. But
as its Advantages to England has been conteſted, by Men even of Genius and
Parts, and an extended † rade by them denied to be beneficial to us, I ſhall endea-
vour to prove the contrary, and to remove any Doubt that may ſtill remain with
fome People about it, though I ſhould have thought the ſucceſsful carrying it on
for near two Centuries, ſhould have rendered this needleſs. The Author of W
and Means has taken Notice of this Propoſition, and being more equal to the Talk
of Replying than I can preſume to be, I ſhall join his Sentiments to my own
on the Subject, as I think they carry Conviction with them.
The Cavillers againſt Trade ſeem to do it out of a bigotted Zeal for the landed
Intereſt, afferting, that our own native Product is both ſufficient for our Support at
home, and to defend us againſt our Enemies from abroad; they imagine (and therein
do


ays
IR EL ÁN D.
639
do not err) that our own Soil plentifully fupplies us with the common Wants
and Neceffaries for Life, ſuch as Food or Raiment; they think, that extra of what
we conſume at home, our Fiſhery, and the Exportation of our Woolens, Tin,
Lead, Leather, &c. may fetch us ſuch Goods from abroad, as are of abſolute Uſe;
and from theſe Conſiderations are always warm in what regards the Land, but
more careleſs and indifferent in the Concerns of Trade, than is conſiſtent with
the Welfare, and perhaps compatible with the Safety of the Kingdom.
If the following Particulars are duly conſidered and attended to, it will plainly
appear, whether we are able to ſubliſt by our own native Strength or not; as
firſt, it ſhould be ſtrictly examined what is the real Value of the Fiſh we cure;
either at home or in our Plantations; and what our Woolen Manufactures,
Tin, Lead, Leather, &c. may really yield us in the Markets abroad : For though
the annual Exportation of theſe Commodities is a certain Wealth to the Nation,
yet a Deduction muſt be made from the Profits, for the neceſſary Import of the
Materials for building and rigging of Ships, Spaniſh Wool to improve our finer Sort
of Drapery, raw Silk, dying Drugs, Salt-petre, Salt for our Fiſhery, and many
other Commodities, without which ſeveral of our Manufactures could not be car-
ried on; and beſides theſe our Luxury and Depravity of Manners have introduced
among us the Uſe of many Things from abroad, as Wine, Oil, Fruits, Spices,
fine Linens, Silks, Jewels, &c. which it would be difficult now to paſs without,
Cuſtom becoming a ſecond Nature. It is true, a Reſtraint might be laid by ſump-
tuary Laws, but as theſe have been ſo long diſcontinued, they are become almoſt
Strangers to our Conſtitution, and could not be revived without Murmurs and
Repinings; ſo that the Proof of the Advantages ariſing from Commerce would
not be difficult, or that theſe Advantages are not to be ſlighted as immaterial to
the national Welfare.
I will allow that a rich Soil may not only nouriſh its Inhabitants, but enable
them with the Overplus to purchaſe a little foreign Luxury, provided they be
moderate in their Appetites, and a ſmall Share will ſatisfy and content them;
ancient Frugality muſt be reſtored, Rents be admitted in Kind, and Landlords
contented to live among their Tenants.
I could add much more in Support of the Argument propoſed, but muſt con-
tent myſelf with having offered the few preceding Remarks in its Favour, and
fhall now paſs forward to my intended Account of our foreign Trade, by which
my Affertions about it will be better proved and illuſtrated.
And I begin with France firſt.




Of the Trade between Great-Britain and France.
OURE
UR Trade with that Kingdom has always been reckoned a loſing one, by
every Computation I have ſeen for a Century paſt, though in different De-
grees, according to the ſeveral different Periods of Time. I have already ob-
lerved, that Mr. Samuel Fortrey proved the annual Balance of that Trade to
have been 1,600,000l. in our Disfavour; and though (as I then remarked) his Cal-
culation might be ſomewhat ſtretched and amplified, yet I ſhall thew from others,
who have always thought us to be Sufferers by that Commerce, that the Exceſs
of our Imports above our Exports proves us to be ſo. Dr. Charles Davenant (In-
fpectator General of the Exports and Imports, at the Cuſtom-houſe of London) in
his Reports to the Commiſſioners for examining and ſtating the publick Accounts
of the Kingdom, makes our Imports from France to exceed our Exports, for a
Year, from Michaelmas 1663, to the ſame Time 1664, 272,641l. 105. and from
1668 to 1669, 432,8841. 125. which was before the long War; and as there
was fome Intercourſe between the two Nations from Michaelmas 1698 for ſome
Year's forward, the faid Gentleman gives an Abſtract from that Time to Chrift-
mas 1702, and makes the Difference againſt us in the ſaid four Years and a
Quarter to be 244,9761. 18s. 31d. By a Repreſentation to his Majeſty from
the Lords Commiſſioners of Trade and Plantations, bearing Date Dec. 23, 1697,
it is aſſerted, that the French over balanced us in Commerce about a Million per
Annum. The Britiſh Merchant, in the Scheme of Trade, he quotes (P. 296.



I
Vol.
640
GENERAL COMMERCE OF THE WORLD.
1
Vol. II.) aſſerts, that the Loſs by our Trade with France for the Year 1668 to
1669 amounted to 965,1281. 175. 4d. and that the Prejudice ariſing to us from
our faid Traffick was to apparent, as to induce King Charles II. in the 30th Year
of his Reign, to prohibit all Commerce with that Kingdom, and to aſlign it for a
Reaſon of his ſo doing in the Preamble to the Act, which however was after-
wards repealed in 1685 by his Succeſſor. The laſt mentioned Author has given
an exact Account of every Particular, imported and exported, to and from London
and the Out-Ports, for the Year 1685, as it was laid before the Parliament by
the Commiſſioners of the Cuſtoms in 1713, by which it appears, that our Im-
ports exceed our Exports to that Country 769, 1901. 16s. although this was a Year
picked out by the Favourers of the French Commerce, and without any Allow-
ance made for the Value of Goods clandeſtinely run in, which has always been
very confiderable, and ſuppoſed by the Britiſh Merchant at leaſt one Third of
thoſe duly entered at the Cuſtom-houſe; which, if true, as he endeavours to render
probable, the Balance in our Disfavour would be ſwelled in the laſt mentioned
Year to 1,197,3301. 125. gd. But ſince that Time the French have imitated
the greateſt Part of our Woolens, and invented others to which our Artiſans are
yet Strangers; as I ſaw proved by a Collection of all their Stuffs, which a Gentle-
man had curiouſly made in the Year 1734, with a View to lay them before Par-
liament; he was pleaſed to thew me the Patterns, and to acquaint me with his
Intentions; though what his Motive was for deſiſting from his purpoſe, I never
took the Liberty to aſk him; he had nicely examined into the Coſt of every Sort,
and we as exactly compared them with our own, and found them to be conſider-
ably under the Price of the fame here; and what added to their Value, they were
generally more ſubſtantial than our's, though for leſs Money: The Collector of
theſe Samples has been dead for ſome Years, and I fear the good Uſe that might
have been made of them died with him, which is the more to be regretted, as I
preſume it would be difficult for any one to procure the ſame now, in Want of the
Opportunities that he in a peculiar Manner had for it. This Perfection and
Cheapneſs of their Manufactures, has not only puta Stop to that large Importation
they formerly made from hence by a Prohibition, but likewiſe enabled them to
fupplant us in the Spaniſh, Italian, and Turkiſh Markets; except, as I formerly
obſerved, in ſome of our fine Goods, which they clandeſtinely ſtill call for here, as
unable to copy or complete an Aſſortment without them; it is to this we owe the
Continuance of that ſmall Branch of the Woolen Trade that ſtill ſubſiſts between
us, though it is but a Shadow of what it once was. In Regard to our Eaſt-
India and Plantation Goods, our Commerce has not fared much better, ſince the
Eſtabliſhment and Opulence of the French Eaſt and Weſt India Companies fup-
ply almoſt all their Demands, our's being prohibited, with the Exception of To-
bacco, Pepper, and Pimento, which they ſtill want, and call for frequent Sup-
plies, though in Return we take vaft Quantities of Indigo, Brandies, &c. as we
have, till lately, of their Wines and Linens. But the Prohibition of entering ſome
of our Goods (formerly current) in France, and the high Duties laid on others,
the different Turns Trade has taken, and the different Channels it has run in,
fince the afore-mentioned Calculations, has induced me, with no ſmall Labour,
to bring the Account nearer our own Times, and to repreſent its preſent Condi-
tion in the moſt accurate Manner I poſſibly can, having for this Purpoſe made an
Abſtract of the Exports and Imports of that Trade, from the 1ſt of January to
the 31ſt of December laſt Year, by which the great Difference of what now is,
from what it was formerly, may be ſeen by any one who takes the Trouble to
compare them; though I ought to premiſe, that a large Share of the Exports
there quoted as for France, went to Dunkirk, which being a free Port might af-
terwards be reſhipped for any other Part, and conſequently what was ſo treated
makes no Article in our Commerce with that Country; the Article of Corn is alſo
to be regarded as occaſional; for though the Advantages ariſing from their Vine-
yards, Olives, &c. influence a Neglect of Tillage, yet the French want but little
in a common Year, and formerly could afford to ſupply their Neighbours with
Grain, before the Goddeſs Ceres was ſlighted for Bacchus, and many arable Lands
were converted to the Growth of Vines, and this Culture encouraged by the great
Demand



22
G R E A T-B.RIT A IN, &c.
641
revere.
Demand there was, and ſtill is, for their Wines, in all Parts, not only of Europe's
but out of it, inſomuch, that though our Conſumption of them is vaſtly declined
from what it was ſome Years ago, as may be ſeen by our Imports dwindling into
226Tons (as by laſt Year's Entries) from 12,000 to 20,000 Tons, as it has been
formerly, yet their growing Efteem in other Parts has raiſed their Price at home
to double and treble what it formerly was, and this has encouraged the People to
encreaſe their Plantations, and to neglect the Plow. The Reader will likewiſe
obſerve by the Compariſon recommended, what a Deficiency there is in the
Report of Silks from the large Space they uſed formerly to occupy in our Bills
of Entry; and I can with Pleaſure affert it to proceed from the great Improve-
ment of our Manufactures in this Specie, which I believe now equal any in
Europe, at leaſt I muſt declare it as my Opinion, after a perſonal Inſpection at
various Times of both Fabricks; for though it is certain that a few Years ſince,
the Artiſans of Paris and Lyons were greatly ſuperiour to our's, both in the Dye
and Mixture of their Colours, as well as in their Weaving Faculty, yet from
Imitators we are now become Equals, if not Superiors, in every diſtinct Branch
of the Loom's Produce; and I do not pretend to pronounce or determine this
from my own Judgement, but as the opinion of thoſe whoſe Underſtanding I
I might here alſo remark our Improvement in the Linen and Paper
Manufactures, to the almoſt Deſtruction of our Commerce with France for theſe
Particulars, and our former Imports of Thread from thence, now run in a quite
different Channel; Brandies alſo are reduced from 6000, to as many hundred
Tons yearly, with the Appearance of a ſtill greater Decline; fo that the Nature
of the French Trade is ſo changed, and expoſed (from an Alteration in our
Taſtes, and an Improvement in our Arts) to a yet greater Change, that I ſhould
in a Manner ſcruple to affert its continuing a prejudicial one, as it certainly
formerly was, till our Eyes were opened to our Miſapprehenſions and Errors.
They will take nothing from us that they can do without; and the Payment
of a Balance formerly to France in Trade was not the worſt Part of the Affair
(though that was bad enough) for the Prejudice the Importing their Goods did
to our Manufactures of like Sorts, far exceeded it, as they could always afford
to underſell us, even in our own Country; ſo that till the prudent Precautions
of Parliament put a Stop to it, many of our Fabricks ſtood ſtill and thouſands
of our People were ſtarving,
The Britiſh Merchant, in his Remarks on the French Trade, ſays (Page 26 of
Vol. I.) that he never heard of any one, except thoſe to France and the Eaſt-
Indies, which had at any Time been charged with exhauſting our Treaſure, and
he fairly acquits the laſt of contributing any thing thereto; for though that Com-
pany yearly exports 4 or 500,000). in Bullion (I have been informed as much
again) yet the Returns made by the Merchandiſe they import, and afterwards fell
to other countries, by far exceeds the Sum they carry on, which never occurs
in our Trade with France, as almoſt all our Imports from thence are unuſefully
conſumed amongſt us, without contributing any neceſſary Material towards per-
fecting our Manufactures, and thereby remaining ſtamped with the Doctor's Mark
of a prejudicial Commerce.
Of Great-Britain's Trade with Holland.
I of
ſhall take the ſame Method to inveſtigate the Advantages or Diſadvantages
ariſing from it, as I have done in the preceding; not knowing of any truer Me-
thod for diſcovering them, than what the Cuſtom-houſe Entries afford, which
have hitherto been my Guide through this intricate Maze of Buſineſs; though
I ſhall not here particularize the different Articles as I did in the foregoing,
Before the War, from Michaelmas 1662 to Michaelmas 1663, our Imports from
Holland exceeded our Exports to thence 386,160). 45. and from 1668 to 1669
the Balance in our Disfavour was again 323,6361. is. And I do not find any Ac-
count how Matters ſtood between us from 1669 to 1696; but from Chriſtmas 1699,




8 A
t@
642
GENERAL COMMERCE OF THE WORLD.
to the ſame Time in 1704, the Eſtimate of our Exports exceeded our Imports by
7,618,6681. os. 2d... From which Accounts may be obſerved, that in the Years
1663 and 1669, our Dealings with the States were inconſiderable to what they
were after the Beginning of the firſt War, and have continued to be ever ſince, as
well in Number and Variety of Commodities, as in their Value. For in the firſt
Years above-mentioned, our Exports thither were confined to only forty-five
Articles of rated Goods, whereas in the laſt Year, viz. 1704, they were increaſed
to at leaſt a hundred and twenty or a hundred and thirty; and ſo proportionable
in thoſe paying ad valorem, without reckoning the Out-Ports, whoſe Cuſtoms,
Dr. Davenant ſays, bear Proportion to thoſe of London, as 1,268,0951, is to
346,0811. which would adu to the above Account near two Millions more for
the five Years; and the ſaid Gentleman, ſtill bringing the Calculation lower, viz.
from 1698 to 1705, remarks, that the Exceſs on our Side has been ſome Years
a Million and a Half, but by a Medium taken of theſe ſeven Years 1,388,1021.
6s. 8d. per Annum, which, according to the common Notion of theſe Things,
is ſo much Money got clear of the Nation. But the Doctor diffents from this
too generally received Opinion, and ſuppoſes that nothing can be more falla-
cious, than to conclude, that becauſe a Country takes off more of our Commo-
dities than we do of their's, that our Dealings with that Country are always
beneficial to us (though prejudicial to them) and that when this happens, there
is a conſtant Superlucration on our Side; but his Obſervation is with this Re-
ftriction, that our Goods thus exported ferve for the Tranſportation Trade to
thoſe who take them from us, and not for a Support of Luxury and Voluptuouf-
neſs. For he grants, as every one muſt, that if they are conſumed where they
are firſt carried, they muſt prove a dead Lofs to their new Proprietors; the
Dutch are in the firſt Caſe, where our Products and Manufactures, Plantation and
Eaſt-India Goods, furniſh Materials for a great Part of their Trade with other
Nations, by which they are ſo far from being Sufferers, that, on the contrary,
the more they take from us, the more they enlarge their univerſal Traffick, and
conſequently increaſe their Riches; and extra of theſe Reaſons, it would be
abſurd to imagine, that if Holland was ſo great a Loſer yearly as the Balance of
Trade amounted to, that they either would, or indeed could, continue it, as they
have for ſo long done; nay, if they were in any Shape Sufferers by it, they are
too politick a Nation to proceed in a bad Courſe; as this would be a glaring In-
ſtance of an Imprudence which that circumſpect People are never guilty of; the
contrary is therefore apparent, and their Motives for continuing the Trade pro-
ceed from the Advantages they reap by it.
But Sir William Temple's Sentiments on this Subject are ſo finely expreſſed, in his
Obſervations upon the United Provinces (P.231. Cap. 6. of the 5th Edition) that I
could not paſs them by without tranſcribing: “ The vulgar Miftake (ſays he)
" that Importation of foreign Wares, if purchaſed with Native Commodities, and
not with Money, does not make a Nation poorer, is but what every Man that
gives himſelf Leiſure to think muſt immediately rectify, 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,
“ muſt of Neceflity be made up with ready Money.
By this we find out the Foundation of the Riches of Holland, as of their Trade,
or by the Circumſtances already rehearſed. For never any Country traded ſo much
« and conſumed ſo little; they buy infinitely, but it is to fell again, either upon Im-
provement of the Commodity, or at a better Market. They are the great Maſters
“ of the Indian Spices, and of the Perſian Silks; but wear plain Woolen, and feed
upon their own Fiſh and Roots. Nay they ſell the fineſt of their own Cloth to
“ France, and buy coarſe out of England for their own Wear. They ſend abroad
“ the beſt of their own Butter into all Parts, and buy the cheapeſt out of Ireland
act
the North of England, for their own Uſe. In fine, they furniſh infinite Lux-
sury, which they never practiſe; and Traffick in Pleaſures, they never taſte.”
The principal Articles of our Exports to Holland are, Woolens of ſeveral Sorts,
Lead, wrought Braſs and Iron, Melaffes, Cotton, Wool, Quickſilver,wrought Silk,
Butter, Morkins, Rice, Copperas, Allum, Pimento, Tin, Tobacco, Sugars, Gold




or
and
GRE A T-BRITAIN, &c.
643
and Silver Coin and Bullion, Drugs, and Eaſt-India Goods; beſides which, our
ſmaller Exports are Skins, Woods, Leather, Glue, Wool, wrought Plate, Gloves,
Hats of feveral Sorts, Watches, Earthen-Ware, Garters, Bellows, Cheeſe, Cat-
lings, Lantern Leaves, Rape Cakes, Haberdaſhery, Scots Pearls, Pewter, Ele-
phants Teeth, Glaſs, &c. And the principal Imports from thence are, Linens,
Silks, Threads, Spicery, Incles, Battery, Stockfiſh, Whale-Fins, Madder, Hemp,
Flax, Rheniſh Wine, Safflower, Paper, Bugles, and Iron Wire. Theleſſer Imports
are Snuff, Wainſcot, Ruffa Mats, Smalts, Argol, Seeds, Packthread, Metal pre-
pared, Steel, Spa-Water, Wine, Quilts, Hair of ſeveral Sorts, broken Glaſs, Stone
Pots, Bulruſhes, Brick-ſtones, Terras, Quern-ſtones, Twift, Indigo, Verdigris,
Weed Aſhes, Cinnabar, Spelter, Oker, Pencils, Geneva Hones, Iron Plates, &c.
all which we ſuffer to be imported and conſumed amongſt us for the ſame Reaſons
that we prohibit the Merchandiſe of France, viz. becauſe theſe latter take ſo lit-
tle from us, whilſt 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 greateſt of all our foreign
Markets, and the moſt likely to continue fo; as the Products of their Country
are not any Thing near ſufficient to feed or clothe their Inhabitants; fo that it is
not in the Power
of Induitry or Art to free them from a Dependance for both on
their Neighbours; whilſt thoſe Princes, who govern a more extended Country,
may (as moſt of them do) daily improve in Growths and Manufactures. It is
true, France has for ſome Years paſt interfered with us in this Trade, though I
believe
very
little to our Prejudice; and I think it may be eſteemned on as good a
Footing now, as it was when the Calculations I have quoted were made; and
muſt remain ſo, at leaſt in general, as many of the principal Goods which con-
ftitute that Branch of Commerce can only be ſupplied by us, and ſome of them
as much demanded for France as they are for Holland.

Of the Trade between Great-Britain and Germany.

UR Commerce with this Country will appear to be but little, when its vaſt
Extent and Populouſneſs are conſidered; as Dr. Davenant makes the Medium
of a ſeven Years Dealing with it (viz. from Chriſtmas 1698 to 1705) to be in
Exports 838,791). and Imports 677,521l
. per Ann, though indeed he accounts
for the Smallneſs of it in a very reaſonable Manner, by acquanting us, that the
Dutch ſupply that People now with thoſe fine Cloths, Stuffs, Says, Serges, &c.
manufactured here, which our Merchants uſed formerly to export to Hamburgh,
and other parts of the German Empire, otherwiſe our Dealings there would cer-
tainly be much more conſiderable than they are, and increaſe our Advantage by
augmenting the Employ of our Shipping in theit Carriage; and this would cer-
tainly have occurred, as the Importation of fo large a Quantity of German Linens
muſt have been anſwered by an adequate Quantity of our Woolen Manufac-
tures, had not we been intercepted in that Traffick by our Flemiſh Neighbours,
with Goods of our own manufacturing, taken immediately from the Premiſes;
and this in Part proves that Holland is no Sufferer in the Overbalance we ſeem-
ingly have againſt them in our mutual Dealings.
It is true, our late Improvements in the Linen Fabricks have ſupplanted the Ger-
mans in ſome part of their's, ſince the before-mentioned Calculation ; but on the
other Hand, this Branch of Buſineſs muſt have roſe in their Favour, and it has
gone
finking in that of France's, and is certainly rendered more beneficial to us both by
the Alteration; our Imports of Linen being repaid by an Export of Woolens, and
therefore the Increaſe of one is conſequentially the Augmentation of the other,
Our Exports there are, Cloths, Baiſe, Stuffs, Frize, Flannels, Kerſeys, Hats, Hoſe,
doub. Dozens, Logwood, Pipes, Cochineal, wrought Iron and Braſs, Haberdaſhery,
Şilk mixed, Silk wrought and unwrought, Sugar, and ditto refined, Painters Co-
lours, Turners Wood, wrought Plate, Leather, printed Linen, Callicoes, and
other India Goods; Rice, Ginger, Pimento, Pepper, Tobacco, ditto cut, Drugs,
Coffee, Allum, Pewter, Cotton, Wool, Lead, Litharge, Tin, Apothecaries
Stuff, Copperas, Orchal, Chalk, Glaſs, Glue, Lantern Leaves, Silver Coin, Co-
4
ney
644
GENERAL COMMERCE OF THE WORLD,
ney Wool, Fuſtick, Blankets, Cabinet Ware, &c. And we import from thences
Linens, Spaw and Bourn Water, Rufjia Mats, Rags, Smalts, white Copperas,
melting Pots, Pearl, Weed and Potalhes, Fenugreek, Sturgeon, Canvas,
broken
Glaſs, Hartſhorns, Drugs, Flax, Tow, Quills, Briſtles, &c.
I
Of Great-Britain's Commerce with Spain.
Now
go from the northern to the ſouthern Regions, in order to give an Ace
count of our Trade with this Kingdom, being the next of Importance to thoſe
already mentioned; and I wiſh I could ſay it ſtill continued in that flouriſhing and
advantageous Condition it was formerly carried on; but an aggregate Number of
Events have happened within theſe fifty Years, or ſince the Emperor Charles II.'s
Reign, to alter the Nature and Manner of it, by its being loaded with higher and
additional Duties than it was in that Prince's Time; and the Introduction of French
Commodities more encouraged, ſince a Monarch of the Houſe of Bourbon ſat on the
Throne. But what has given a ſtill greater Blow to our faid Trade, is his ſetting up
a Multiplicity of Fabricks, for the manufacturing fuch Goods as the Spaniards were
formerly ſupplied with principally from us: For though the favouring thoſe from
France undoubtedly hurts us, I cannot think it did in the Article of our Colcheſter
Baiſe, as the Britiſh Merchant ſeems particularly to intimate; for theſe ſtand as a
remarkable Inſtance of the invaluable Quality of that Fabrick, which hitherto
no Nation has been able to imitate; and Mr. King ſeems to be under another
Miſtake in Regard to the Value of theſe Baiſe, when he ſuppoſes them once to have
roſe from ſeventeen to twenty-four Pence the Flemiſh Ell, as they are never bought
by Meaſure, but by the Piece; it being the Bocking Baiſe (made indeed at Colcheſter
as well as that Place) only that are ſold by Meaſure, and are only fit for the Portu-
gal Market, whilſt the Colckeſter Baiſe are ſolely vendible in Spain; and the fineſt
of them are ſtill in almoſt as much Eſteem as ever in that Country, though the
Poverty of the People diſabled them from going dreſſed in the ſame Manner
their more affluent Condition permitted them, ſo that the Generality are now
obliged to content themſelves with the Products of their own Looms, fet up in
Arragon, &c.
His late Majeſty Philip V. began before his Death to encourage the Manufacto-
ries of Cloth,
which had for many Years been carried on in his Kingdom, though
to very little Purpoſe, till the Duke de Ripperda (then Prime Miniſter) revived the
Eſtabliſhments, and improved them by introducing a great many Clothiers from
his own Country (Holland) to whom his Majeſty continued his Protection, not-
withſtanding the faid Nobleman afterwards fell into Diſgrace. And, in order the
better to promote his Intentions, he granted the Fabricators many Privileges, and
to animate them to an Increaſe and Improvement, he wore them himſelf, clothed
his Troops with them, and prohibited the Importation of any from abroad, which
Mandate was for ſome Years obſerved with Rigour; and though I never heard it
was repealed, yet our Cloths are now, and have been for ſome Years paſt, admitted
to an Entry at Cadiz, as well as other Sorts of Woolens that were included in the
Prohibition; but the Quantity is ſmall in Reſpect to what it formerly was, and
this Commerce has entirely ceaſed in moſt other Parts of Spain, where the Diſ-
patch formerly was very conſiderable; and the principal Part of what is now in-
troduced there, as well of Cloths as other Woolens, ſerves for their Tranſport
Trade to their American Colonies, with the Exception of our fine Baiſe, beſt
Sandford Ells, and a few other fine Goods, inimitable (as I before obſerved) by
the French, which are ſtill uſed and worn by the Spaniards in Old Spain.
Don Ferdinand VI. their late King, ſtrictly followed his Father's Steps, and
greatly improved on his Schemes and Maxims; ſo that Manufactures of various
Sorts are now ſettled in Spain, whereas his Father only left that of cloth in
Being; and this Prince, being leſs influenced by French Counſels than his Parent
was, had naturally the Good of his Country more at Heart.
Inhould now proceed to give an Account of the preſent 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

2
have
GR E A T-BRITAIN, &c.
645
have placed us, as ſome of them are in very few Hands, though the Knowledge
of them may prove both inſtructive and advantageous.
The Baſis on which the ſeveral Treaties of Commerce ſubſiſting between
Great-Britain and Spain are founded, is that concluded between the two Crowns
at Madrid, on the of May, 1667; and as this is indeed the Subſtance of all
the ſubſequent ones, I ſhall juſt give the Heads of the Articles immediately
relative to Trade.
Article IV.
Stipulates a free Trade of Commerce to the Subjects on both Sides, as well
by Land as Sea, &c.
Article V.
Agrees that no Cuſtoms ſhall be paid in either Kingdom by the Subjects of the
other, but ſuch as the Natives pay.
Article VI.
Tables or Liſts of the Duties (hall be put up at the Doors of the Cuſtom-
houſes, &c. that Merchants may know what they have to pay, and not be
impoſed on.
Article VII.
Permits the Engliſh
, freely to import all kind of Goods, without being en-
forced to declare to whom, and for what Price they ſell them; nor ſhall they be
moleſted for the Errors of Maſters or others, in the Entry of the ſaid Goods,
nor obliged to pay Duties for more than they land; and 'Prize Goods ſhall be
eſteemed as Engliſh.
Article VIII.
Grants Leave for the Engliſh freely to carry Eaſt-India Goods into Spain, and
that they ſhall have all the Privileges granted to the Dutch by the Treaty of
Munſter, 1648.
Article IX.
And the Privileges granted to the Engliſh reſiding in Andaluſia, 1645, to be
general to all of that Nation, reſiding or trading in any Places whatſoever within
his Catholick Majeſty's Dominions.

Article X.
No Ships appertaining to the Engliſh, navigating in the King of Spain's Do-
minions, ihall be viſited by the Judge of Contraband, or any other Officer ; nor
ſhall any Soldiers or armed Men be put aboard them; nor ſhall the Cuſtom-houſe
Officers of either Part ſearch any Ship, until they have landed all their Cargo,
or fuch Part of it as they intend; but in the Interim Officers may be put aboard
(not exceeding three) to ſee that no Merchandiſe be landed without paying Du-
ties, but this without any Expence to the Ship. And when the Maſter Thall de-
clare his Intention of landing his whole Cargo, and ſhall have made his Entry
accordingly, and afterwards other Goods unentered are found aboard, eight
working Days ſhall be allowed to work (to commence from the firſt Day of Deli-
to the End that the concealed Goods may be entered, and Confiſcation
prevented; and if in the Time limited, the Entry be not minded, then the un-
entered Goods only ſhall be confiſcated, and no other Puniſhment inflicted.

vering)
Article XI.
Agrees, that neither Party ſhall be obliged to regiſter or pay Cuſtoms for any
other Goods than thoſe they ihall unload.
8 B
Article
646
GENERAL COMMERCE OF THE WORLD.
Shews what are contraband Goods, which I have already deſcribed in a
Article XII.
Settles, that when thoſe Goods which are landed and paid Cuſtoms, are after-
wards carried to ſome other Part in the fame Dominions, they ſhall pay no new
Duties.
Article XIII.
All Ships may enter freely in any Port or Road of either Prince, and depart
when they pleaſe, without paying any Duties for their Cargoes, provided they
do not break Bulk.
Article XIV.
In Caſe the Ships belonging to the Subjects of either Party, ſhall be met by
Men of War or Privateers appertaining to the other Party, theſe ſhall ſend their
Boat aboard the Merchant Ship, and be ſatisfied with examining his Paſſports,
without coming within Gunſhot.
Article XV.
If any prohibited Goods ſhall be exported from either of the Kingdoms, by the
reſpective Subjects of the one or the other Party, only ſuch Goods ſhall be confifa
cated, without any further Puniſhment, except the Delinquent ſhall carry out
of his Britannick Majeſty's Dominions, the proper Coin, Wool, or Fullers-Earth;
or ſhall carry out of the Dominions of the ſaid King of Spain, any Gold and
Silver, wrought or unwrought; in either of which Cafes, the Laws of the re-
ſpective Countries are to take Place.
Article XVII.
No Merchant, Pilot, Maſter of a Ship, Mariner, Ships, or Merchandiſe, ſhall
be embargoed or detained, by any general or particular Order whatſoever.
Article XVIII.
Merchants and Subjects, of the one and the other King, may uſe all kinds of
Fire-Arms for their Defence, according to the Cuſtom of the Place.
Article XIX.
The Captains, Officers, and Mariners, of the Ships belonging to either Party,
may not commence an Action for their Wages, nor may be received under any
Pretext whatſoever, into the Service or Protection of either King; but if
any
Controverſy happen between Merchants and Maſters of Ships, or between
Maſters and Mariners, the compoſing thereof ſhall be left to the Conſul of the
Nation; though he who ſhall not ſubmit to this Arbitrament, may appeal to
the ordinary Juſtice of the Place.
Articles XXI, XXII, and XXIII.
Allows Freedom of Trade to Places in Amity or Neutrality with either Party,
that they ſhall not be diſturbed therein, and that in this Caſe if any contraband
Goods be found in them, they only ſhall be confiſcated, and no other,
Article XXIV.
former Part of this Work (P. 205, 206.)
Article XXVI.
All Goods belonging to the Subjects of either Party, which ſhall be found laden
on the Ships of Enemies, ſhall be confiſcated.
Article
5
GREAT - BRITAIN, &c.
647
Article XXVII.
The Conſuls which ſhall hereafter reſide in any of the King of Spain's Domi-
nions, or the Spaniſh Conſul reſiding in England, ſhall have, and exerciſe the ſame
Power and Authority in the Execution of his Office, as any other Conſul hath
formerly had.
Article XXVIII.
Secures the Subjects on either Side from being moleſted or diſturbed on Ac-
count of their Religion, ſo long as they give no public Scandal or Offence.
Article XXIX.
All Merchandiſe fhail be paid for in both Countries only in ſuch Coin as ſhall
be agreed for.
Article XXX.
And all Merchants, Factors, &c. of both Nations ſhall enjoy their Houſes,
Warehouſes, &c. during the Time for which they have hired them, without any
Impediment.
Article XXXI.
The Subjects of the ſaid confederate Kings ſhall employ thoſe Advocates, Proc-
tors, &c. that they ſhall think fit; and they ſhall not be conſtrained to ſhew
their Books and Papers, if it be not to give Evidence, for the avoiding Contro-
verſies and Law Suits, neither ſhall they be embargoed, detained, or taken out of
their Hands upon any Pretence whatſoever, and they may keep their faid Books
and Accounts in whatever Language they pleaſe.

Article XXXII.

In Caſe the Eſtate of any Perſon ſhall be fequeftered or ſeized on by any Court
of Juſtice, within the Dominions of either Party, and any Eſtate or Debt hap-
pen to lie in the Hands of the Delinquents, belonging bona fide to the Subjects
of the other; the ſaid Eſtate or Debts ſhall not be confiſcated, but reſtored to
the true Owners.
Article XXXIII.
The Eſtates of thoſe who die in either Country reſpectively ſhall be preſerved
for the lawful Heirs of the Deceaſed.
Article XXXIV.
The Goods and Eſtates of his Britannick Majeſty's Subjects, who ſhall die in
Spain, without making their Wills, ſhall be put into Inventory, with their Pa-
pers, Writings, and Books of Account, by the Conſul, or other publick Mini-
fter, to be kept for the Proprietors and Creditors; and neither the Cruzada, nor
any other Judicatory whatſoever, ſhall intermeddle therein : which alſo in like
Caſe Thall be obſerved in England, towards the Subjects of the King of Spain.
Article XXXV.
That a decent and convenient Burial-place ſhall be granted and appointed, to
bury the dead Bodies of the Britiſh Subjects, who ſhall die in Spain.
Article XXXVI.
If any Difference hereafter happen, between their Britannick and Catholick
Majeſties, fix Months Space ſhall be allowed their reſpective Subjects, to with-
draw their Effects, without giving them in that Time any Moleſtation or Trou-
ble, or retaining their Goods or Perſons.
Article
648
GENERAL COMMERCE OF THE WORLD.
nance, nevertheleſs his Catholick Majeſty declares, wills, and ordains, that it be
Article XXXVIII.
The Engliſh and Spaniards to have reciprocally all Privileges granted, or to
be granted, to any other Stranger.
Subſequent to the foregoing Treaty many others have ſince been made, eſpe-
cially after the laſt long War, at Utrecht, the 13th of July, and oth of December,
1713, and another on the 14th of December, 1715, which laſt being ſcarce, and
conſequently not eaſy to be obtained, I here inſert it verbatim, as it is not long:
Treaty of Commerce between Great-Britain and Spain, concluded at Madrid, the
14th of December, 1715.
WHEREAS fince the Treaties of Peace and Commerce lately concluded
at Utrecht, the 13th of July, and the 9th of December, 1713, between
his Catholick Majeſty, and her late Majeſty the Queen of Great-Britain, of
glorious Memory, there remained ſtill ſome Differences about Trade and the
Courſe thereof; and his Catholick Majeſty and the King of Great-Britain,
being inclined to maintain and cultivate a firm and inviolable Peace and Friend-
fhip, in order to attain to this good End, they have by their two Miniſters,
underwritten, mutually and duly qualified, cauſed the following Articles to be
concluded and figned.
I. The Britiſh Subjects ſhall not be obliged to pay higher or other Duties, for
Goods coming in, or going out of the ſeveral Ports of his Catholick Majeſty, than
thoſe they paid for the ſame Goods in King Charles II.'s Time, ſettled by Sche-
dules and Ordonnances of the ſaid King, or his Predeceſſors : And although the
Gracias, commonly called Pie del Fardo, be not grounded on any Royal Ordon-
obſerved, now and hereafter, as an inviolable Law; which Duties ſhall be ex-
acted and raiſed, now and for the future, with the ſame Advantages and Fa-
vours to the ſaid Subjects.
II. His Majeſty confirms the Treaty made by the Britiſh Subjects, with the
Magiſtrates of St. Andero in the Year 1700.
III. His Catholick Majeſty permits the ſaid Subjects to gather Salt in the Iſle
of Tortugas, they having enjoyed this Liberty in the Reign of King Charles the
Second, without Interruption.
IV. The ſaid Subjects ſhall pay no where any higher, or other Duties, than
thoſe paid by the Subjects of his Catholick Majeſty in the fame Places.
V. The ſaid Subjects ſhall enjoy all the Rights, Privileges, Franchiſes, Exemp-
tions, and Immunities whatever, which they enjoyed before the laſt War, by Vir-
tue of the Royal Schedules or Ordonnances, and by the Articles of the Treaty of
Peace and Commerce made at Madrid in 1667, which is hereby fully confirmed;
and the ſaid Subjects thall be ufed in Spain, in the fame Manner as the moſt fa-
voured Nation, and conſequently all Nations ſhall pay the ſame Duties on Wool
and other Merchandiſes coming in and going out by Sea. And all the Rights,
Privileges, Franchiſes, Exemptions, and Immunities, that thall be granted and
allowed to the ſaid Subjects, the like ſhall be granted, obſerved, and permitted
to the Subjects of Spain, in the Kingdoms of his Majeſty the King of Great-
Britain.
VI. And as Innovations may have been made in Trade, his Catholick Majeſty
promiſes on his Part to uſe his utmoſt Endeavours to aboliſh them, and for the
future to cauſe them to be avoided : In like Manner the King of Great-Britain
promiſes to uſe all poſſible Endeavours to aboliſh all Innovations on his Part, and
for the future to cauſe them by all Means to be avoided.
VII. The Treaty of Commerce made at Utrecht, the gth of December, 1713,
fall continue in Force, except the Articles that ſhall be found contrary to what is
this Day concluded and ſigned, which ſhall be aboliſhed and rendered of no Force,
and eſpecially the three Articles, commonly called explanatory; and theſe Preſents
ſhal




2
GRE A T - BRITAIN&c.
649
ſhall be approved, ratified, and changed on each side, within the Space of fix
Weeks, or ſooner, if poſſible. In Witneſs whereof, and by Virtue of our full
Powers, we have ſigned theſe Preſents at Madrid, the 14th of December, in the
Year 1715.
(L. S.) M. de Bedmar.
(L. S.) George Bubb.
W
After this Treaty, Affairs of State and new Embroils has occaſioned the making
ſeveral others ſince the Rupture in 1718, though they all proved ineffectual to
prevent the War in 1739, which being now happily over, it is to be hoped the
Peace that has ſucceeded will remain eſtabliſhed for a long Term, and her chear-
ful Smiles lull both Nations into a Forgetfulneſs of the pait Troubles and Diſtreſſes,
that War brings with it, more eſpecially to the mercantile Part of them; and as
the Treaty concluded on this Occaſion at Madrid, the 5th of October, N. S.
1750, not only ſettled the Peace in general, but alſo in particular the Diſputes de-
pending between the two Crowns, in regard to the Afriento Contract; and as it is
the laſt, and conſequently of moſt Importance for my Reader's Government, I
ſhall give them the Articles of it, and with them finiſh this Topick.
HEREAS by the XVIth Article of the Treaty of Aix-la-Chapelle, it
has been agreed between their Britannick and Catholick Majeſties, that
the Treaty of the Aſiento for the Commerce of Negroes, and the Article of the
annual Ship, for the four
Years of Non-Enjoyment, ſhould be confirmed to Greát-
Britain, upon the ſame Foot, and upon the ſame Condition, as they ought to have
been executed before the late War; and the reſpective Ambaſſadors of their faid
Majeſties having agreed, by a Declaration ſigned between them on the ** June,
1748, to regulate at a proper Time and Place, by a Negociation between Mini-
ſters, named on each Side for that Purpoſe, the Equivalent which Spain ſhould
give in Conſideration of the Non-Enjoyment of the Years of the faid Aſiento of
Negroes, and of the annual Ship, granted to Great-Britain, by the Xth Article
of the Preliminaries ſigned at Aix-la-Chapelle, on the April
, 1748.
Their Britannick and Catholick Majeſties, in order to fulfil the ſaid Engage-
ments of their reſpective Miniſters, and to ſtrengthen and perfect more and more
a folid and laſting Harmony between the two Crowns, have agreed to make the
preſent particular Treaty between themſelves, without the Intervention or Parti-
cipation of any third Power; ſo that each of the contracting Parties acquires by
Virtue of the Ceſſions which that Party makes, a Right of Compenſation from
the other reciprocally: And they have named their Miniſters Plenipotentiaries
for that Purpoſe, viz. his Britannick Majeſty, Benjamin Keene, Eiq. and his
Catbolick Majeſty, Don Joſeph de Carvajal and Lancaſter; who, after having
examined the Points in Queſtion, have agreed on the following Articles.



Article I.
His Britannick Majeſty yields to his Catholick Majeſty, his Right to the Enjoy-
ment of the Affiento of Negroes, and the annual Ship, during the four Years
ftipulated by the XVIth Article of the Treaty of Aix-la-Chapelle.
Article II,
His Britannick Majeſty, in Confideration of a Compenſation of 100,000l.
Sterling, which his Catholick. Majeſty promiſes and engages to cauſe to be paid
either ať Madrid or London, to the Royal Aſiento Company, within the Term
of three Months at lateſt, to be reckoned from the Day of ſigning this Treaty,
yields to his Catholick Majeſty all that may be due to the ſaid Company for Ba-
lance of Accounts; or ariſing in any Manner whatſoever from the ſaid Aſiento;
ſo that the ſaid Compenſation ſhall be eſteemed and looked upon as a full and en-
tire Satisfaction on the Part of his Catholick Majeſty, and ſhall extinguiſh from
this preſent Time, for the future and for ever, all Right, Pretenfion, or Demand,
8 C
which

50
GENERAL COMMERCE OF THE WORLD.
which might be formed in Conſequence of the ſaid Aſiento or annual Ship, di-
rectly or indirectly, on the Part of his Britannick Majeſty, or on that of the ſaid
Company.
Article III.
The Catholick King yields to his Britannick Majeſty all his Pretenſions or De-
mands in Conſequence of the ſaid Aſiento and annual Ship, as well with Regard
to the Articles already liquidated, as to thoſe which may be eaſy or difficult to li-
quidate; ſo that no Mention can ever be made of them hereafter on either Side.
Article IV.

His Catholick Majeſty conſents that the Britiſh Subjects ſhall not be bound to
pay higher or other Duties, or upon other Evaluations for Goods, which they
thall carry into, or out of the different Ports of his Catholick Majeſty, than thoſe
paid on the ſame Goods in the Time of Charles the Second, King of Spain, ſet-
tled by the Schedules and Ordonnances of that King, or thoſe of his Predeceffors.
And although the Favour or Allowance called Pie del Fardo be not founded upon
any Royal Ordonnance, nevertheleſs his Catholick Majeſty declares, wills, and or-
dains, that it ſhall be obſerved now, and for the future, as an inviolable Law;
and all the above-mentioned Duties ſhall be exacted and levied, now and for the
future, with the ſame Advantages and Favours to the ſaid Subjects.
Article V.
His Catholick Majefty allows the ſaid Subjects to take and gather Salt in the
Iſland of Tortugas, without any Hindrance whatſoever, as they did in the Time
of the ſaid Charles the Second.
Article VI..
His Catholick Majeſty conſents, that the ſaid Subjects ſhall not pay any where
higher, or other Duties, than thoſe which his own Subjects pay in the ſame
Place.
Article VII.
His Catholick Majeſty grants, that the ſaid Subjects ſhall enjoy all the Rights,
Privileges, Franchiſes, Exemptions, and Immunities whatſoever, which they en-
joyed before the laſt War, by Virtue of Schedules or Royal Ordonnances, and by
the Articles of the Treaty of Peace and Commerce made at Madrid in 1667; and
the ſaid Subjects ſhall be treated in Spain in the ſame Manner as the moſt favoured
Nation, and conſequently, no Nation ſhall pay leſs Duties upon Wool and other
Merchandiſes, which they ſhall bring into, or carry out of Spain by Land, than
the ſaid Subjects ſhall pay upon the ſame Merchandiſes, which they ſhall bring in
or carry out by Sea; and all the Rights, Privileges, Franchiſes, Exemptions, and
Immunities, which ſhall be granted or permitted to any Nation whatever, ſhall
alſo be granted and permitted to the ſaid Subjects; and his Britannick Ma-
jeſty conſents that the ſame be granted and permitted to the Subjects of Spain in
his Britannick Majeſty's Dominions.


Article VIII.

His Catholick Majeſty promiſes to uſe all poſſible Endeavours on his Part, to
aboliſh all Innovations which may have been introduced into Commerce, and to
have them forborn for the future. His Britannick Majeſty likewiſe promiſes to
uſe all poſſible Endeavours to abolith all Innovations, and to forbear them for the
future.
Article IX.
Their Britannick and Catholick Majeſties confirm by the preſent Treaty the
Treaty of Aix-la-Chapelle, and all the other Treaties therein confirmed, in all their
Articles
651
, ,
.
GRE A T-BRITAIN, &c.
Articles and Clauſes, excepting thoſe which have been derogated from by the
preſent Treaty: As likewiſe the Treaty of Commerce, concluded at Utrecht in
1713, thoſe Articles excepted, which are contrary to the preſent Treaty, which
ſhall be aboliſhed and of no Force; and namely the three Articles of the ſaid
Treaty of Utrecht, commonly called explanatory.
Article X.
All the reciprocal Differences, Rights, Demands, and Pretenſions, which may
have ſubſiſted between the two Crowns of Great-Britain and Spain, in which no
other Nation whatever has any Part, Intereſt or Right of Intervention, being thus
accommodated and extinguiſhed by this particular Treaty; the two faid most ferene
Kings engage themſelves mutually to the punctual Execution of this Treaty of re-
ciprocal Compenſation, which ſhall be approved and ratified by their faid Ma-
jeſties, and the Ratifications exchanged in the Term of fix Weeks, to be reckoned
from the Day of their Signing, or looner, if it can be done.
In Witneſs whereof, &c.
Theſe Treaties are confirmed by the ſecond Article of the definitive Treaty of
Peace, ſigned at Paris, February 10th, 1763.
Our. Exports now to Spain (including the Canary Iſlands) are long, ſhort, and
Spaniſh Cloth, Stuffs, Baife, Hats, Perpets, Silk and worſted Hoſe, Butter, Cheeſe,
Leather, wrought Iron, Braſs, Bell Metal, Linens plain and printed, Pewter, Tin,
Lead, Shot, Copper, Sail Cloth, Haberdaſhery Wares, Clock Work and Watches,
Shoes, wrought Silk, wrought Plate, Gunpowder, Cordage, Logwood, Brazilletto,
, Flax, Fans, Wheat, Beans,
Barley Meal, Thread, Tobacco, Canvas, Cambricks, Lawns, Bed-Ticks, Sugar,
Drugs, Pimento, Pepper, Spice, Staves, Brimſtone, Deer Skins, Eaſt-India
Goods, &c.
The Imports from thence are Wine, Almonds, Anniſeed, Cummiſeeds, Soap,
Oil, Silk (before the Extraction was prohibited) Iron, Wool, Indigo, Figs, Rai-
fins, Oranges, and Orange Juice, Lemons, Cheſnuts, Smallnuts, Pomgranates,
Olives, Saffron, Barilla, Kelp, Kid-Skins, Capers, Umber, Anchovies, Sponges,
wrought Silk, Cochineal, Cork, Wilk Brooms, and (formerly) Brandies, which
I believe may pretty near balance that Trade, extra of the Corn and Meal (which
have lately been very conſiderable) and I think muſt be regarded as a Balance in
our Favour ; but theſe being only accidental Articles, are not to be reckoned as
ſtaple Commodities, nor placed on the Credit Side in this Account of Commerce,
at leaſt in ſuch large Quantities, as a loft Harveſt in that and the neighbouring
Territories obliged them to call for ; I ſay, ſuppoſing their Dearth to happen when
an equal Calamity has befel the other ſouthern Corn Countries; for when they
can be fupplied from Sicily, Sardinia, Naples, Turkey, Barbary, or the Ecclefiaftical
State, they always prefer thoſe ſolid Grains before our’s, as well on Account of its
yielding more Flour, as becauſe their Mills are ſet for grinding hard Corn, which
* muſt be altered when a ſoft Sort is to
| tioned among the preceding Imports, the Article of Pláte, which is no ſmall
one, and I think is a certain Indication of the Balance of that Trade being in
our Favour ; and would certainly be much more ſo, were the Cuſtoms on our
Goods collected in Spain according to the preceding Treaties, which include
and inforce the Schedules granted the Engliſh by ſeveral ſucceſſive Monarchs.
But to ſhew that they are levied on a much higher Valuation, and very dif-
ferently from what is therein ſtipulated and agreed, I here add an Account of
the Impoſts on Merchandiſe, drawn up at Cadiz, the 17th of February, 1750,
by a Gentleman, whoſe Capacity in mercantile Affairs is exceeded by few, and
this induces me alſo to ſubjoin his Sentiments, which pleaſe to take in his own





Words,
5
Particulars
652
GENERAL COMMERCE OF THE WORLD.
Particulars of the Impoſts on Merchandiſe entered in this Cuſtom-bouſe.
OODS according to their different Species pay II, 5, 10, or 4 per cent.
G .
2
5 per cent.
15 per cent.
as follows:
Branches,
Decimals.
Nº. 1 i per Cent. with in Plate, which is part more
0,12375
2 per cent. called dos unos, as aforegoing
0,0225
3 2 per cent. called Bofillo de la Reyna, as above
0,0225
4 l per Cent. with a Premium of 5 per
0,01 575
5
0,0125
Ő 4 per cent. called 1°. 2º. 3º. 4º. uno de Alcavala
0,04
7 If per Cent. called Donativo antiguo de la Cuidad y Fortificacion 0,01500
coci
Amount of the Duties before the Year 1686, being 255 per cent. 0,252
8 I per Cent. with a Premium of 5 per cent. conſulado y longa 0,014
Amount of the Duties upon the Acceſſion of King Philip V. be-
ing 26 per Cent.
0,266
9 I per Cent. called Donativo moderno de la Cuidad
0,015
Amount of the Duties before the late War, being 28-46 per Cent. 0,281
10 2 per Cent. called Sanidad

0,02
Amount of the Duties actually levied, being 3010 per cent.
0,301

When the Almoxarifaſgo is 5 per cent. the Duties are as follows:
per Cent. with the Quarter Part in Plate, which is part more 0,05625
Nº. 2, 3, 4, 5, 6, 7, Branches afore-mentioned added
0,12825
4 per Cent, additional Alcavala on this Article
0,045
Amount of the Duties before the Year 1686 being 221; per Cent.
Nº.8, above-mentioned, added
0,2295
0,014
0,02
Amount of the Duties upon the Acceſſion of King Philip, being
247' per Cent.
0,2435
Nº. 9, above-mentioned, added
0,015
Amount of the Duties before the late War, being 25% per Cent. 0,2585
N. 10, above-mentioned, added
Amount of the Duties actually levied, being 271505 per cent. 0,2785
Goods charged with 10 per Cent. Almoxarifaſgo paid in the afore-mentioned
Manner, before the Acceſſion of the late King Philip, 292705 per Cent, and before
the late War, 31% per Cent, and they muſt now pay 33775 per cent.
Goods charged with 4 per Cent. Almoxarifafgo, paid before the Acceſſion of
King Philip 23760 per cent, and 24770206 per Čent. before the late War, and
actually pay 26-72 per Cent.
In Order to comprehend the Calculation of theſe Duties, here is a ſmall Speci-
men of the Model of the Spaniſh Book of Rates, as it ſtood before the late War,
and the Innovations made in the Valuation of ſome Articles of your Manufakture.
5 Anaſcotes blancos la Pieza
6000 40 White Hunſcoats, they are
now rated at 7000
5 Dichos negros la Pieza
6000
II Bayetas de Ingalaterra
Baiſe
Io Curtidos de Irlanda cada une
680
1496
II Duroys la Pieza
2000 40 Duroys
3000


5000 40 Black ditto
I 2000
10000
• Baife
; Iriſ Hides
II Pan-
Ġ R E A T-BRITAIN, &c.
653
11 Pannos finos de Ingalaterra la Pieza 24,000 40 Fine Engliſh Cloths, (Var.
now rated at 1768 each
II Dichos entre finos
17,000 40 Second Cloths 616 ditto
II Dhos Comunes
14,000 40 Yorkſhire Cloths 510 ditto
The firſt Column ſpecifies the Almoxarifaſgo, the ſecond the ſpecies of Goods,
the third the Value, Rate, or Aforo, as called here; the fourth the Abatement
per Cent. or Gracia, called Pie de fardo. Beſides that Gracia, there is an Abate-
ment of 25 per cent. allowed by the King, called la quarta Tabla. The Duties
are thus calculated, viz.
100 Pieces white Hunſcoats entered in this Cuſtom-houſe, 40 deducted for the
Gracia, being 40 per Cent. as afore-mentioned, 60 Pieces valued according to the
Aforo, or Rate above-mentioned, at 6000 Maravedis, make 360,000, from which
Sum deducting 90,000, or the Part for la Quarta Tabla, there remains 270,000
Maravedis. As the Almoxarifafgo is 5 per cent. and all the Branches appertaining
to it as afore-mentioned, amounting to 25% per Cent. before the late War, there-
fore 270,000 at 251806 per Cent. are Mars. 69,795, which at 64 Mars. the Value
of each Real Plate, are R. Pla 1090%, the full Amount of the Duties on 100
Pieces of white Hunſcoats. But at preſent the Aforo or Valuation of white Hunf-
coats is at 7000 Maravedis, whence 60 x 7000 = 420,000 -- 105,000 the Quarta
Tabla=315,000 at 27-07, the actual Duties per Cent. are 87,727,5 Mars. at 64 are
R. Pl. 137077: the Amount of the Duties 100 Pieces white Hunſcoats muſt now
pay. The Difference is, R.Pl. 28067: they now pay more than was levied before the
late War, which is near 25+ per Cent. Augmentation on the Duties then eſtabliſhed.
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 Britiſh Subjects trading to theſe Ports are, I think, inſerted. If a new Treaty
be attempted, the ſaid Schedules may be inſerted therein verbatim, to enforce the
Execution. The View of the Britiſh Court, in the Treaty concluded at Utrecht
in 1713, ſeemed to be, that their Mercandiſe ſhould not pay more Duties than
Io per Čent. on their real Value, to be aſcertained in a new Book of Rates, which
was mutually agreed between the two Courts to be formed. But the Biſhop (I ſup-
poſe the Biſhop of Briſtol, who was then Ambaſſador and Plenipotentiary, is here
meant) did not underſtand Duties, for the Expreſſion in the ſaid Treaty, But it is
to be underſiood that this is not to extend to the Albavalas, Cientos, and Millones,
deſtroyed the whole Purport of the Treaty, and rendered the forming a new Book
of Rates quite uſeleſs. The Merchants verſed and knowingin the Nature of the Du-
ties, did therefore ſollicit that the Cuſtoms and Aforos ſhould remain on the ſame
Footing they were upon in King Charles II.’s Time, though ſome Articles were
over-rated, which was accordingly executed by the Treaty of Madrid, 1715. Since
the late War the Duties are augmented as afore-mentioned, and what is much more
grievous, the Aforo or Valuation of the Merchandiſe is greatly increaſed; where-
fore our Conſul at the Head of this Factory applied to our Ambaſſador at Madrid,
to follicit (if ſeemingly to him convenient) that the Goods ſhould be diſpatched in
the Cuſtom-houſes in like Manner as they were before the War: Nothing fa-
vourable has reſulted, for the Goods are charged upon the extravagant new Foot-
ing. If the Aforo or Valuation of a few Articles of the Britiſh Products was
leffened, and the Innovations, introduced ſince the War, were aboliſhed, the
propoſed End of the Britiſh Court, to pay no more than 10 per Cent. on the
real' Value of the Goods, may be accompliſhed, although no Aſteration be made
in reducing or abolithing any Branch of the Duties actually levied : Which ap-
pears to me to be the eaſieſt Method, as an attempt to ſtrike off any of the
Branches of the Duties might be powerfully reſiſted by thoſe to whom they were
appropriated, or the Managers thereof. Some Inſtances are offered to make this
Matter more plain. A Piece of Baiſe (upon a Medium of the Value of the
Quality for this Market) ſhipped in London, will not coſt, including the Charges,
above 31. 8s. Ed. which is equal to fifteen Ducats, or a hundred and fixty-five
Reals Plate; each Piece was rated before the War at 10,000 Maravedis; the
Gracia 5, and for the Quarta Tabla, being deducted, and the Duties at 2876
8 D
per
65
GENERAL COMMERCE OF THE WORLD.
per Cent, as they then ſtood, being charged, each Piece paid R. Pl. 22 - which
is 13: per Cent, on the real Value. Yet a Piece of Baiſe is now rated at 12,000
Mars. and the actual Duties of 301-6 being charged, after deducting the Gracias,
each Piece muſt now pay R. Pl. 28.zz which exceeds 17 per Cent. on the real
Value. Whereas if the Aforo of Baiſe was at 7000 Mars. then each Piece would
pay as the Duties now ſtand, R. Pl. 16,675, or cnly 10 per cent. on the real
Value. In like Manner other Goods may be valued according to their regular
and common Coſt put aboard, and not at the Price they are regularly ſold for,
becauſe the Duties and Charges on the Sale make a Part of the Price of Sale.
If this Idea be approved, a Table for the Rates of all Goods imported from his
Majeſty's Dominions may eaſily be framed, and formed ſo that the Duties ſhall
not exceed 10 per cent. on the real Value. The following is a Specimen of
ſuch a Table, viz.
II
II
II
II
Almoxarifafgo Goods
Baiſe; each Piece
Long Ells, each Piece
Fine Cioths, each Piece
Second Cloths, ditto
Yorkſhire Cloth, ditto
Eſtamenas, each Piece
5
Broad Camlets, ditto
5
Hunſcoats, each Piece
Hides, each
the Aforo the Gracia.
70000
1/3 를
​2900 40
24000 40 as before the War.
17000 40 as before the War.
10000
40
6000 40 as before the War.
5000 40
5000
40
680
before the War.
II
IO
as
Merceries according to Invoice, &c.
Of the Trade between Great-Britain and Portugal.
0
UR Trade with this Kingdom is generally eſteemed of great Value ; and
the Importance of it to both Nations being very conſiderable, there-
fore ought to be cultivated by them with mutual Ardour ; as the Portugueſe
take off a large Quantity of our native Commodities, and we in Return contume
a greater one of their's than all the Nations in Europe put together ; though
that People appear in fome Meaſure inſenſible of the Advantages ariſing to them
from this Commerce, and ſeem to have forgot the little Diſpatch they had for their
Wines (the greateſt Product of their Country) when Peace and low Duties made
thoſe of France to be the general Conſumption.
The Engliſh Factory at Liſbon publiſhed a Memorial in the Month of July 1729,
by which it appears, and ſeemingly beyond Contradiction, that the Balance of
Trade with that Kingdom was againſt us; and as I have no Reaſon to think there
has been any favourable Alteration in it ſince, I ſhall give 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 Remarks made by that conſiderable
and judicious Body of Traders on it.

An Eſtimate of the yearly Conſumption in the Portugueſe Dominions of the Commo-
dities which are of the Growth and Manufa&tures of the Engliſh Dominions,
calculated by the annual Sales of the Merchants reſiding in Liſbon, and by the
beſt Information taken from them and from other parts.
Sales in Liſbon, computed by ſeveral Engliſh and other Merchants
Houſes fettled there
1,620,000,000
Sales in Porto
600,000,000
Sales in Coimbra and Figueira
120,000,000
Sales in Madeira, and the other Iſlands, about
100,000,000
Bacalhoa, fifty thouſand Quintals, at 4000 Rs. 200,000,000
2,640,000,000
Duties
2
Ĝ REA T-B R Í T A IN, &c.
655
Brought over
2,640,000,000
Duties paid for Cuſtoms might be reckoned at 15 per Cent. on
the Sales
396,000,000
Small Charges in and out the Cuſtom-houſe, and
at the Sale i per Cent.
26,400,000
Port Charges (Conſulage excepted) of all the
Englif Ships, Expences of the Captains and
Sailors, and of all the Engliſh in Portugal, at
a moderate Computation
50,000,000
572,400,000
Remains net to the Britiſh Nation
2,067,600,000
An Eſtimate on the yearly Conſumption by the Engliſh, of the Product of the
Portugueſe Dominions, calculated by the Exportation from them to Great-
Britain, Ireland, and the Engliſh Poffeffions in America.
WINES.
From Liſbon 3000 Pipes, white, at 40000 I 20,000,000
2000 ditto, red
50000 100,000,000
From Oporto 25000 ditto,
50000 1,250,000,000
From Figueira 1500 ditto,
45000 67,500,000
From Madeira 10000 ditto,
28000
280,000,000
-1,817,500,000
41500 Pipes.
Oils from Liſbon, Oporto, and Algarve, 2000 Pipes, at 40000 80,000,000
Figs, Almonds, Raiſins, Brooms, Canes, Shumach, Cork, &c.
from Algarve
20,000,000
50000 Cheſts of Fruit, from Liſbon, Oporto, &c. at 3000 Rs. 150,000,000
4000 Moys of Salt from Liſbon, St. Uval, &c. at 1400 Rs. 56,000,000

The Exportation by the Engliſh, for their own Conſumption of
the Portugueſe Commodities, annually amounts to 2,123,500,000
The net Proceeds belonging to the Engliſh, of the Conſumption
of their Commodities in the Portugueſe Dominions as above,
2,067,600,000
Conſequently the Balance in favour of Portugal, and loft by
England, is
- 55,900,000
amounts to
2,123,500,000
Portugal loſes by her Trade with the ſeveral other Nations from
whom ſhe receives Commodities, extra of the Engliſh, as will
be ſhown in an Eſtimate, when I come to treat thereof 2,964,000,000
The Engliſh pay for the Balance of their Trade with Portugal
as per the above Eſtimate
digit 55,900,000
2,908,100,000
Part of which goes directly to Italy, and the Reſt, moſtly, by
the Way of England, on Account of the Conveniency of
the Exchange, and of Shipping
By the preceding Eſtimate, made favourable to the Engliſh Trade, as the Con-
ſumption of their Commodities is ſet down rather more than leſs, and their Ex-
portation of the Portugueſe Products as moderately computed as is poſſible both
in Quantity and Price, it plainly appears,
Iſt. That the Balance of Trade between Great-Britain and Portugal, is in
Favour of Portugal, who annually gains by the ſame, and the Engliſh loſe
55,900,000.
Rs.
2dly.
656
GENERAL COMMERCE OF THE WORLD.
,
.
2dly. That conſequently that Trade cannot occaſion the Extraction of Gold
from Portugal, ſince the liquid Produce of all the Commodities conſumed there,
are not ſufficient to pay for thoſe which they take from Portugal.
3dly. That therefore the Gold, which annually goes from thence, is to pay
other foreign Nations the Balance of their Trade, ſince the Portugueſe cannot pay
them in the Product of their own Country much above the quarter Part of the
Value of what they conſume of thoſe foreign ones.
4thly. That the King of Portugal receives every Year a very conſiderable Sum
by the Duties on the Engliſh Trade, which are much higher in Proportion than thoſe
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.
Beſides theſe Truths ſo clearly demonſtrated, there are many others which well
deſerve to be conſidered ; ſuch are the following:
No Nation, beſides the Engliſh, take off, the Portugueſe Wines, nor can be ſup-
poſed ever to do it, ſince thoſe who want this Commodity are ſupplied much bette
from France, and from other Parts, and at more moderate Prices; and ſhould Eng-
land reduce the Duties on the French Wines, to an Equality with thoſe on the
Portugueſe, this Branch of Trade, which is fo advantageous to them as to amount
yearly to above one million eight hundred thouſand Mil-Reis, paid them in ready
Money, by the Engliſh, would be entirely loſt to them: The fame Thing, a little
more or leſs, is evident with Reſpect to other Fruits, ſince the Englifo take off
above ten Times the Quantity which all other Nations together do.
And though this Branch of Trade is much leſs conſiderable, yet it amounts by
the Eſtimate to 170,000,000 Reis, and being (the ſame with their Wines) the
Growth of their Country, that whole Sum which the Engliſh pay for it is juſt
ſo much Gain to Portugal. It is remarkable, that, notwithſtanding the con-
ſiderable Sum of Money, which the Commodities exported by the Engłiſh amount
to, they are never indebted to the Portugueſe, paying them always ready Money;
whereas on the contrary, theſe laſt are always indebted to the Engliſh; and
this Truth naturally leads to the following Confiderations : That Portugal has
always in Poffeflion a very large Stock belonging to the Engliſh, which (con-
ſidering the Nature of the Sales in this Country, and the Cuſtom and Method
of the Shopkeeper's Payments) may ſafely be computed (Allowance being made
for what is ſold for ready Money) to amount to above the Import of one Year's
Sales, ſo that by a moderate Computation the Englills have conſtantly a dead
Stock in Portugal, conſiſting of Goods in the Cuitom-houſe and their Ware-
The
Engliſh certainly furniſh the Portugueſe with the moſt uſeful and neceſſary Goods
(their own Corn for the preſent excepted) and at ſuch moderate Prices as no
other Nation can afford to do. If at this Time they bring them aone of their
Corn (there being a Scarcity of it) they have done it formerly, and no doubt
will do it again when they can ſpare it : and ſince Portugal cannot fubfiſt with-
out a conſtant Supply of that Commodity from abroad, ſhould there happen to
be a bad Harveſt in Spain, or a Rupture between thoſe two Crowns, the Engliſh
by the Power of their Navy, and the Quantity of their Trading Ships, are the
only Nation which can at all Times effectually furniſh and ſecure what foreign
Corn is neceſſary to Portugal.
To the above Remarks on the Trade of Portugal, I ſhall take the Liberty to
add the following ones of my own, as conſequential to thoſe ſo juſt made by
Merchants there. And,
iſt. If they are ſuch as may be relied on, Mr. King's Calculations on that Com-
merce muſt have been very erroneous, or it muſt have been greatly altered in the
few intervening Years, between his Eftimate and the Liſbon Merchant's; as he
ſuppoſes (in his Dedication, P. 3. Vol. III.) that our Exports to Portugal were
then encreaſed from about 300,0001. a Year to near a Million and a half,
whereas by the preceding Eſtimate it may be ſeen, that in the Year 1,729, the
nett Produce of every Thing ſold in thať Kingdom did amount to but little
more than 5 Part of the foregoing Sumn.
2dly.

the

lo
3
GREAT BRITAIN, &c.
657
-
2dly. But if Mr. King's Calculations are right, as I am inclined to believe, when
I conſider they were made by ſome Gentlemen eminent both for their Capacities
and Honour, I muſt conclude ſo great a Difference in ſo ſhort a Space muſt have
proceeded from large Quantities of our Woolens, &c. being carried into Portugal,
with the View of introducing them afterwards, through that Channel, into
Spain, and I cannot otherwiſe account for the Diſparity between two Eſtimates
made by different Sets of Gentlemen, equally to be credited and relied on.
It is, however, certain, that our Trade with that Kingdom was in the laſt Century
almoſt deſtroyed by the Encouragement given to Manufactures of their own;
though indeed the Blow came from hence at firſt; as one Courteen, an Iriſhman,
and a Servant in the then Queen of England's Family (afterwards Queen Dowager)
carried over in the Year 1681 ſeveral Clothiers and Baiſe-Makers into Portugal,
who immediately began to exerciſe their Profeſſions (particularly at Port Alegre
and Covillhan) though with various Succeſs, as the latter were ſoon diſmiſled,
on its being found that the Staple of their Wool was too ſhort for the Manu-
facturing of Baiſe, but the others were continued, and brought the Fabrick of
their Cloths to ſuch Perfection, that in une or July of 1684 (among ſome
fumptuary Laws then made) his Portugueſe Majeſty prohibited the Importation
of any foreign ones, which continued in Force, till by the Treaty of 1703
with that Crown, it was agreed to reſcind the prohibitory Decree, and permit
the free Importation of all Woolens, as before the making it; which the ſub-
ſequent Abſtract of the ſaid Treaty will demonſtrate.
Article I.

His facred Majeſty of Portugal premiſes, both in his own Name, and that of
his Succeſſors, to admit for ever hereafter into Portugal, the Woolen Cloths,
and the Reſt of the Woolen Manufactures of Britain, as was accuſtomed till they
were prohibited by the Laws; nevertheleſs upon this Condition,
Article II.

That is to ſay, that her ſacred Royal Majeſty of Great-Britain (hall, in her own
Name, and that of her Succeffors, be obliged for ever hereafter, to admit the Wines
of the Growth of Portugal into Britain ; ſo that at no Time, whether there ſhall be
Peace or War between the Kingdoms of Britain and France, any Thing more ſhall
be demanded for theſe Wines by the Name of Cuſtom or Duty, or by whatſoever
other Title, directly or indirectly, whether they ſhall be imported into Great-
Britain in Pipes or Hogſheads, or other Caſks, than what ſhall be demanded
from the like Quantity of Meaſure of French Wine, deducting or abating a third
Part of the Cuſtom or Duty. But if at any Time this Deduction, or Abate-
menit of Cuſtoms, which is to be made as aforeſaid, fhall in any Manner beat-
tempted and prejudiced, it ihall be juſt and lawful for his facred Royal Majeſty of
Portugal again to prohibit the Woolen Cloths, and the Reſt of the Britiſh Woolen
Manufactures,
Article III.
The moſt excellent Lords the Plenipotentiaries promiſe, that their above-named
Maſters ſhall ratify this Treaty.
(L. S.) John Methuen,
In Conſequence of this Treaty, our Woolens have ever ſince been currently ad-
mitted into Portugal, and we now ſend there, Cloths of all Sorts, Baiſe, Perpets,
Stuffs, Hats, Hofe, &c. We ſend likewiſe Iron, wrought Braſs, Lead, Pewter,
Shot, ftained Paper, and other Stationary Wares, Sail Cloth, Linen, Glaſs,
Earthen and Cabinet Wares, Gun-Flints, Toys, Millinery and Turnery Wares,
Painters Colours, Butter and Cheeſe, Gunpowder, Cordage, wrought and mixed
Silk, Clock-work and Watches, Garters, Haberdaſhery Ware, all sorts of Corn
and Meal, wrought Plate, Lantern Leaves, Leather, Logwood, Copperas, Apo-
thecary's Stuffs, Drugs, Glue, Rice, Bees-Wax, &c. And our Imports from
thence are thoſe mentioned in the laſt quoted Eſtimate.
8 E
Great-

658
GENERAL COMMERCE OF THE WORLD.
Great-Britain's Trade with Italy, including under this Denomination Venice,
Naples, and Sicily, Genoa, Leghorn, Ancona, &c.
HE above-mentioned Cities are of all the maritime ones of Italy the moſt
conſiderable, that carry on the moſt extenſive Trade, and where the
greateſt Number of Ships arrive.
Turin, Milan, Florence, Bolognia, Modena, Reggio, Parma, and Lucca, are alſo
deeply engaged in Commerce, but as they are lituated within Land, they are
oblige to value on the Aſſiſtance of the maritime ones for carrying it on; and
as the Commodities ſent from hence to them are in a Manner alike to all, I have
joined them together, and intend to treat on the Italian Trade, as if the whole
had been one Kingdom and not ſubject to ſeparate Princes.
I have always heard the Trade of Italy reckoned at a Million and a half to two
Millions Sterling per Annum; thoſe that made it moſt, have not exceeded the laſt
Sum, and thoſe who have made it leaſt, have never put it under the former, and
occaſionally it may be much more, as in the laſt War, and according as their
Harveſts prove good or bad.
Our Exports to Italy are, all Sorts of Cloths and other Woolens, Hats, Hoſe,
Silk,-mixed and wrought, horological Works, and Watches, Gunpowder, Leather,
Pewter, Braſs, Tin, Lead, Shot, Cochineal, Coney Wool, Coals, refined, clayed,
and Muſcovada Sugars, Redwood, Logwood, Brazil Wood, Litharge of Lead,
Lantern Leaves, Butter, Cheeſe, Coffee, Bugles, Tobacco, Ginger, Jeſuits-Bark,
Indigo, Pepper, Pimento, Rhubarb, Sarſaparilla, and other Drugs, China Ware,
Calicoes, and other India Goods, Glaſs and Earthen Ware, Pipes, wrought Plate,
and (when their Harveſt fails) Corn; Herrings, Salmon, Pilchards, Stockfiſh,
Poorjack, &c. And in Return, Venice (and that State) ſends us Currants, Hemp,
Brimſtone, Glaſs Beads of different Sorts and Sizes, many Drugs, ſometimes Rice,
Oil, &c. Naples remits here large Quantities of Belvidere and Lipari Fruit, Oil,
Brimſtone, Manna from Calabria, Argol, Effences, &c. And from Palermo (the
Capital of Sicily) and Mefina, a Place of ſtill greater
Trade there, we receive chiefly
Silks, Salt, fome Wine, Argol, Cantharides, Juice of Liquorice, Shumach, Manna,
and Hemp. Genoa makes Returns principally in Paper, Velvets, Damaſks, Tabbies,
and Brocades (though not ſo much of either Specie as formerly) Oil, Marble, Roch
Allum, Lemons, Eſſences, and Perfumes, Vermicelli, Rice, Coral, Cotton, &c.
From Leghorn we receive Oil (of Gallipoli and Florence) Wine, Soap, Straw Hats,
Cotton and Cotton Yarn, Goats Hair, and Skins, Shumach, Brimſtone, Cream of
Tartar, Valonia, Marble, Anchovies, Soap, Galls, Juniper Berries, Olives, Coral,
and Coral Beads, Verdigris, Argol, Drugs, Silks, thrown and raw, &c. all which
occaſion a Calculation in Trade, well worthy our Attention and Regard, more
eſpecially as it leaves a conſiderable Balance in our Favour.

Of the Trade carried on by Great Britain with Turkey and Barbary,
TI
HE Turkey Trade is carried on by a Company of Merchants, incorporated
by Queen Elizabeth, under the Title of the Levant, or Turkey Company,
and whoſe Charter was confirmed by her Succeſſor, King James I. with the
Addition of many new Privileges, and a Form of Polity obſerved ever ſince,
This Company is of a very particular Inſtitution, as the Members are not obliged
to contribute any Thing to a general Fund, ſo that it may more properly be
termed a ſimple Aſſociation, of which the Partners have nothing in common
but their Charter and Government, every one trading on his own Stock, though
obliged to ſubmit to the Regulations of the Company, and contribute his Share
of the neceſſary Expenſes about it.
The Troubles of the Kingdom under Oliver Cromwell gave Riſe to no ſmall ones
in this Company, as many Members were thruſt in, unqualified in the Manner that
the Charters of Queen Elizabeth and King James required; but on the Reſtora-
tion King Charles endeavoured to re-eſtabliſh its quondam Reputation.

His
Ĝ Ř Ě A T - ŘIT A Í N, &c.
659
His Charter was dated the ad of April, 1662, and contains (beſides the Cona
firmation of that granted by King James) many new Articles about their Polity,
or the Amendment of it.
The Company is eſtabliſhed in a Body politick, capable of making Laws for
their Government, with a Seal under the Name of the Governor and Company of
Engliſh Merchants trading to the Levant Seas.
The Number of its Members is not fixed, as every one properly qualified may
be admitted, though they are generally about three hundred.
The principal Qualification for Admittance is, being a Merchant (and not a
Tradeſman or Retailer) bred either under a Father, or by ſerving a regular Ap-
prenticeſhip to ſome other. Thoſe who deſire to become an Affociate, muſt pay
the Company twenty-five Pounds Sterling if they are under twenty-five Years of
Age, and double that Sum if they are above; and muſt ſwear, on their Admiſſion,
to ſend no Goods to Turkey but on their own Accounts, and to conſign thein only
to ſuch as belong to the Company or their Factors.
The Company is governed by itſelf, and determines Affairs by a Plurality of
Voices, in which the Merchant trading for 1000l. has an equal Vote with him
that trades for an hundred Times as much; and for its better Management,
there is a Court ſettled in London, conſiſting of the Governor, Sub-Governor,
and twelve Affiftants, who ought all to live in the City or Suburbs; there is
alſo a Deputy-Governor in all the Towns and Ports of England, where any
Members of the ſaid Company reſide.
It is this Aſſembly at London who ſend the Ships, and regulate the Tariff for the
Prices, which the European Goods carried to Turkey are to be ſold at, as well as
the Quality of thoſe to be brought back; it alſo raiſes the Taxes on the ſaid Mer-
chandiſes, when the neceſſary Preſents, or other common Expenſes in Regard
of this Trade, require it.
It preſents the Ambaſſador to the Throne for Approbation; and alſo nominates
the Conſuls of Smyrna and Conſtantinople, whoſe Penſions the Company pays,
therefore never permit either theſe latter, or the former to raiſe any Contribu-
tions on Ships or Goods under the Pretext of being to defray the Expenſes of
ſome neceſſary Gift or other extraordinary Charges, and by this Means avoid
the Diſorders which other Nations, not governed by ſuch wholeſome Laws,
fall into, to the no ſmall Detriment of their Commerce.
The Company alſo nominate and pay their principal Officers, ſuch as the Mi-
niſter, Secretary, Chancellor, Interpreters, and Janniſaries, and this to the End
that they ſhall not raiſe or impoſe any new Sum on the Merchants, Ships, or
Goods.
In extraordinary Caſes, the Conſuls, and even the Ambaſſador himſelf, have
Recourſe to two Deputies of the Company, who reſide on the Spot; or if the
Affair be very important, they aſſemble the whole Nation, who regulate and
determine the Preſents that are to be given, the Voyage to be made, and every
other Circumſtance neceſſary to be treated of; and in Conformity to the Reſo-
lutions then taken, the Deputies order the Treaſurer to ſupply the Money,
Goods, or European Curioſities agreed on; and this Treaſurer is eſtabliſhed by
the Company, and his Caſh ariſes from the Taxes and Impoſts, which they
themſelves have thought proper to lay on Goods to diſcharge the common Ex-
penſes of the Aſſociation.
It is true, however, that the Ambaſſador and Conſuls may act alone on all theſe
Occaſions, but beſides its being a tacit Clauſe in the Penſions paid them, to do
nothing without the Deputies Advice, they chooſe rather to conform to this Rule
than otherwiſe, for their own Diſcharge.
The Places reſerved to this Company for their Trade, are the States of the Re-
publick of Venice (in its Gulf) thoſe of Raguſa, and all the Grand Signor's
Dominions; the Ports of the Levant and Mediterranean, excepting thoſe of
Carthagena, Alicant, Denia
, Valencia, Barcelona, Marſeilles, Toulon, Genoa, Leg-
born, Civita Vecchia, Palermo, Meffina, Malta, Majorca, Minorca, Corfica, and
all other Ports and Places of Commerce on the Coaſts of France, Spain, and


Italy.
660
GENERAL COMMERCE OF THE WORLD.
26 Geo. II.
32 Geo. II.
Italy. And the Fine for thoſe caught in Trade, and not Members in the Com-
paný, is 20 per Cent, on the Value of the Loading lo taken.
By the Act of 26 Geo. II. any Subject of Great-Britain may be admitted a
Member of this Company, on requeſting it of the Governor or Deputy-Gover-
nor, within thirty Days after making fuch Requeſt, and paying twenty Pounds,
and taking an Oath to be faithful to his Majeſty and the Coinpany.
This Trade to be carried on in Britijls and Plantation-built Ships only, na-
vigated according to Laws; and the Goods may be conſigned to any Freemen
of the Company, their Sons, or Apprentices, being his Majeſty's Chriſtian
Subjects.
No Goods or Merchandiſes, coming from the Levant without a clean Bill
of Health, and liable to retain the Infection of the Plague, ſhall be landed in
Great-Britain or Ireland, or in the Iſles of Guernſey, Jerſey, Alderney, Sark, or
Man, unleſs it ſhall appear to the Satisfaction of his Majeſty, his Heirs, or Suc-
ceſſors, or of his or their Privy-Council, that ſuch Goods have been ſufficiently
opened and aired in the Lazarets of Malta, Ancona, Venice, Meſina, Leghorn,
Genoa, and Marſeilles, or one of them.
Great Complaints having been made of the Decay of the Turkey Trade during
the late War begun in 1756, by the Importation of French Cloth into Turkey,
the following Act paſſed, which was to be in Force no longer than the Conti-
nuance of the War:
The Preamble ſets forth, That the Importation of Woolen broad Cloth of the
Manufacture of France into any Places within the Levant Seas, by Britiſh Sub-
jects, is not only a Diſcouragement and Prejudice to the Woolen Manufactures
of Great-Britain, but is alſo a Means of affording Relief to the Enemy, and
thereby enabling them to carry on the War; to prevent ſuch deſtructive Com-
merce for the future, it is enacted, that no Woolen Goods of the Manufacture
of France ſhall be carried into any Place in the Levant Seas by any Subjects of
this Realm.
No Woolen Goods of this Kingdom ſhall be imported within the Limits of the
Company's Charter, except directly from this Kingdom by a Britiſh Subject, un-
leſs the Importer ſhall produce to the Ambaſſador, Conſul, or Vice-Conſul, or
other proper Officer appointed by the Company at the Place where ſuch Goods
ſhall be imported, a Certificate upon Oath from the Exporter or Shipper at the
laſt Place of Exportation, that the ſame were brought or received from Great-
Britain ; and in ſuch Certificate ſhall be deſcribed the Name of the Ship and Ma-
ſter, and the Time when the Goods were imported into ſuch laſt loading Port
from Great-Britain ; which Certificate ſhall be atteſted by the Britiſh Conſul or
Perſon acting in his Abſence, reſiding
at ſuch laſt loading Port; and
the Shipper
ſhall alſo produce the Bill of Lading from Great-Britain ; and the Conſul ſhall
take Notice in his Atteſtation of ſuch Bill being produced to him.
The Conſul, &c. upon granting ſuch Certificate, is to enter a Duplicate there-
of in a Book which is to be ſigned by the Shipper of the Goods, he taking Oath
required before making out ſuch Certificate, which Book is to be received as fi-
nal Evidence in all Diſputes reſpecting Certificates, and may be examined gratis.
Where the Conſul, &c. Ihall receive Information upon Oath, ſetting forth
good Reaſon to ſuſpect the Authenticity of the Certificate, he is to ſignify the
fame to the Importer, and take Security in double the Value of the Goods, which
becomes forfeited if it ſhall appear no ſuch Certificate was granted; ſuch Security
to be aſſigned to the Informer for his ſole Benefit.
As often as any ſuch 'Objection ſhall be made to the Certificate, the Conſul,
&c. is to tranſmit Notice thereof to the Conſul where ſuch diſputed Certificate
Thall be alledged to have been granted, requiring an Atteſtation under his Hand
and Seal, whether ſuch Certificate was granted by him ; which Atteſtation the
Conſul is to tranſmit by the firſt Opportunity; and upon Receipt thereof is to be
laid before the Importer: If the Certificate be thereby verified, the Security ſhall
be immediately cancelled; but if not, the Penalty to be levied by Diſtreſs and
Sale of Goods, and be applied as before directed.

22
All
GR E A T - BRITAIN, &c.
661
forted, at iol. per Pack.
All Woolen Goods without ſuch Certificate, except imported directly from
England, ſhall be deemed French; and his Majeſty's Ambaſſador, &c. is required
to confiſcate the fame.
Every Merchant, &c. being a Subject of Great-Britain, or reſiding under the
Protection of the Britiſh Ambaſſador, &c. within the Limits of the Company's
Charter, ſhall, before the Exportation of any Goods, make Oath before the ſaid
Ambaſſador, &c. that the ſame were not purchaſed with the Produce of, or taken
in Barter for, the Woolen Manufactures of France.
Every Perſon who ſhall import into Great-Britain any Goods of the Growth
or Manufacture of Turkey, within the Limits of the Company's Charter, ſhall
make the ſame Oath before the Commiſſioners of the Cuſtoms, &c. except ſuch
Goods as ſhall have been condemned as lawful Prize.
If
any
Certificate ſhall be loſt, the Maſter of the Vefſel muſt make Oath
before the Engliſh Conſul, &c. of the Purport of ſuch Certificate, of the Loſs
of it, and that it hath not been diſpoſed of to any Perſons whatſoever; and the
ſaid Maſter, or the Conſignee of the ſaid Goods, is alſo to give Security, in the
Penalty of double the Value of the Goods, for procuring a Duplicate of the Cer-
tificate : thereupon the Conſul, &c. fhall grant a Licence for importing the
Goods.
But prize Goods, condemned, of any Country whatſoever, may be imported, on
producing a copy of the Sentence of Condemnation, ſigned by the Perſon who
condemned the ſame.
To prevent Raw Silk, Mohair, Yarn, &c. from being imported into this King-
dom, purchaled bypthe Woolen Manufactures of France
, and imported from
Leghorn and other Places in Italy, contrary to the Act of Navigation, &c. it is
enacted, that if any Raw Silk or Mohair Yarn, or any Ship or Veſiel bringing the
fame into England, Ireland, Wales, the Iſlands of Guernſey, or Jerſey, or Town
of Berwick upon Tweed, ſhall be ſeized as forfeited by any Acts of Parliament,
the Perſon who ſhall make the Seizure may not releaſe or abandon the ſame, or
delay to proceed to Judgement for the Condemnation thereof, without firſt ac-
quainting, in Writing, the Governor, Deputy-Governor, Treaſurer, or Huſband
of the ſaid Company, or their Secretary, of ſuch his Intention, and delivering
at the ſame Time a Copy of the Schedule of ſuch Seizure: And in Caſe the ſaid
Governor and Company, or any Committee thereof, ſhall within ſeven Days after
give Bond, or offer to give Bond, under the common Seal of their Corporation,
in the penal Sum of 1000l. with Condition for indemnifying ſuch Oficer, &c.
againſt all Coſts and Charges, in Caſe ſuch Ship or Goods Thall not be adjudged
forfeited ; then ſuch Officer, &c. ſhall not voluntarily abandon ſuch Seizure
without the Conſent of the ſaid Company or ſome Committee thereof; but ſhall
proceed to Judgement concerning the Legality thereof.
Any Member of the Company ſhall be admitted to give Evidence, either for
the Plaintiff, Relator, or Defendant upon the Trial.
The Commerce of this Company is undoubtedly a very beneficial one to this
Nation; as may be ſeen by the following curious Calculation taken from the
Britiſh Merchant, and there quoted with a View to inſtruct the Reader in the
whole Proceſs of the Cloth Manufacture, from its Commencement to its Con-
ſumption; and to ſhow the Advantages ariſing from the Turkey Trade, by its
taking off fo large a Share of our Woolens, and thereby contributing propor-
tionably to the Subſiſtence of our People.
A Clothier buys at Market fifty Packs of Wool, picked and i.
500
With which Wool he makes 100 broad Cloths, and the Manufac-
ture thereof in Carding, Spinning, Weaving, Milking, Dreſſing, &c.
as they are uſually brought to, and fold white at Blackwell-Hall,
will amount to about the firſt Coſt of the Wool
500
So that theſe 100 Cloths are fold by the Clothier to the Merchant-

S. d.
O
O
O
at iol, per Cloth
I000
O
8 F
And

662
GENERAL COMMERCE OF THE WORLD.
333 6 8
2186 5 a
O
4465 8
4
40 12
Peran con 747
And the Merchant pays for the Dying of the ſaid 100 Cloths, viz.
one third Part in Grain Colours, at 71. and two thirds in ordinary
Colours, at 30s. per Cloth
Alſo for Setting, Drawing, Preſſing, Packing, &c. 155. per Cloth 75.00
The faid 100 Cloths will coſt the Merchant 141. 15. 8d. per Cloth
on board, which amounts to
1408 6 8
And to repay him their Coſt and Charges here and aboard, with a
bare Allowance for Inſurance, and the Intereſt of his Money, they
cannot purchaſe leſs, I ſhould think, than twenty-two great Pounds
of Sherbaffee (or Perſia fine raw Silk) for every Cloth. Thus he
pro-
bably receives for the ſaid 100 Cloths, 2200 Pounds wt, of the ſaid
raw Silk.
Tabbies, the Manufacturers will receive 135. 7d. per lb.
I 8
And if the other half Part is wrought up into rich flowered Silks
brocaded, the Manufacturers will receive il. 195. od. per lb.
And the additional Charge of Dying, ſuppoſe but of Part of the
faid Silk, into Grain Colours at 9s. per lb.
123 15
Then the Coſt and Charges of 100 Woolen Cloths, ſhipped from
London to Turkey, and the Manufacture of the raw Silk brought
from thence, in Return thereof, muſt amount to
The Freight of the ſaid 100 Cloths, and of the ſaid 2200lb. of
raw Silk is computed at
6
Her Majeſty's Cuſtoms on the ſaid 2200lb. of raw Silk is
Engliſh Factors Commiſſions abroad on the Sale of the Cloth, and
on inveſting the Returns in Silk, aforeſaid, computed at
It is hereby repreſented to the View of every Reader, that every-
2200lb., wt. of raw Silk imported from Turkey, and manufactured et
here for our Conſumption, without paying any Thing to the Mer-
chant's or Mercer’s Gain, pays to the Landholders, the Labourers,
and the Crown, the Sum of
4762 15 10
If any Thing is to be added for the Mercer's or Merchant's Gain (and we may
depend upon it they will not be at the Trouble of driving their Trades for no-
thing) we may very well affirm, that the whole Coſt of this Manufacture for
Conſumption cannot be leſs than the Sum of 5oool. So that 2200 Pound Weight
of Turkey raw Silk manufactured here, pays the Sum of 5oool. to the Subſiſtance
of our own People.
This Account takes the Returns upon 100 Cloths exported to Turkey, and
makes them pay goool. to the Subliſtance of our People. But we have exported
annually two hundred Times as many Cloths for Turkey, and receive for about
half that Quantity of Cloth, the ſame Kind of Returns in raw Silk for our own
Conſumption; and conſequently our own Conſumption of Turkey Silk, paid for
the Subfiftance of our own People the Sum of 500,000l
. per Annum, beſides what
is paid by the other Half of that Trade; but if the Conſumption of 5000l. Value
of Turkey Silk manufactured pays 500l. to the landed Intereſt for the Wool that
is exported to Turkey in Manufacture, then the annual Conſumption of 500,000l.
Value of that Silk muſt pay 500,000). per Annum to the landed Intereſt.
And yet this is not all that the landed Intereſt receives annually by Means of
this half Part of the Turkey Trade; the Crown and the Subjects, who receive nine
Times as much for Cuſtoms and Labour, pay perhaps a ninth Part of what they
receive to the landed Intereſt for Clothes and Provifion; by which Means the
Conſumption of Turkey Silk, manufactured in England either directly or indirect-
ly, pays a fifth Part of its whole Value to the landed Intereſt, that is, it pays
dire&ly one tenth Part of the Value of the Silk by the Woolen Manufacture
exported, and as much more by enabling the People to purchaſe neceſſary
Clothes
156 15
O
100
o
O
o
1

GRE A T-BRITAIN, &c
636
lours;
Clothes and Proviſions, of which much more than a tenth Part is paid to the
landed Intereſt.
It will be objected here, that the iol. abovementioned upon a Pack of Wool,
is not paid to the landed Intereſt, ſince a Part of it is paid to the Shepherd's Wages,
and a Part to the Labour of Picking and Sorting this Wool: It is very true ; but
then conſidering how much of the Product of the Land is exported to purchaſe
Dying Goods, the tenth Part of the Price of the whole Silk Manufacture may
be well ſaid to be paid for the Product of the landed Intereſt.
It is therefore evident, that of every 5000l. Value of Manufacture from Turkey
Silk, 500l. is paid for the Manufacturing of the Engliſh Wool that is ſent abroad,
3331. 6s. 8d, to the charge and labour of Dying, 751. to other Labour beſtowed
on that Manufacture, 7471. is. 8d. for manufacturing one Half of our Returns,
and 21861. gs. of the other, beſides 1231. 155. for dying the ſame in Grain Co-
add to this the Freight of 401. 125. 6d, beſides the Charges to Factors
abroad, and Merchants and Mercers at home, and it will appear that near 4000
of
every goool. Value, or that near 400,000 of every 500,000). Value of Turkey
Silk wrought in England, is paid to the Labour of the People beſtowed upon it;
and I think this is enough to ſhow, that ſuch a Trade ought to be carefully
preſerved, and that it claims a Share in the Regard of every Gentleman in
England.
This Calculation, though made only on one Particular of the Levant Company's
Exports, may be adapted to any other Branch of it, or indeed to any other Trade
where the Returns are improved to the Increaſe of our Manufactures, and Em-
ploy of our People.
Our Exports for Turkey are Cloths, Serges, and other Woolens, Tin, Lead,
Pepper, Cochineal, Indigo, Iron and Glaſs Ware, Leather, Sugar, &c. which I
have here computed at near half a Million yearly ; and though Mr. Savary in
his Time complains that the French, by their ill Management in their Dying
and Manufacturing their Cloths, had loſt the greateſt Part of the conſiderable
Trade they before had in thoſe Parts, which he ſays the Engliſh had ſecured,
yet Mr. King takes Notice many Years after, that from a trifling Commerce the
French carried on, they in the Year 1713 at laſt equalled us, and I fear have once
more ſurpaſſed us in the Levant Traffick, ſo that I cannot imagine our Turkey
Company do now export near the Value above-mentioned.
The Returns we have from thence, are raw Silk, Grogram Yarn, Cotton and
Cotton Yarn, Wool, Goats Hair, Coffee, Dying Goods, Drugs, Galls, & 64
1
Of Great-Britain's Trade to Africa.
THIS
THIS Trade, like the preceding, has for many Years paſt been carried on
by a Company with an excluſive Charter, granted at firſt by K. Charles II.
the 18th of December 1661, in Favour of his Brother James, then Duke of York
and Albany, for the Term of a thouſand Years, with full Power to trade all over
the weſtern Coaſt of Africk, from the Port of Sallee in South Barbary, to the Cape
of Good-Hope; but theſe Letters Patent were afterwards revoked by his Majeſty,
with the Duke's Conſent, and regranted in 1663, by a freſh Charter, which, in
Conſideration of the many illuſtrious Perſons engaged in it, had ſeveral new Pri-
vileges added, and diverſe Regulations made, belides thoſe before eſtabliſhed for
its Government.
Its principal Aſſociates were Queen Catharine of Portugal, then his Majeſty's
Confort, Queen Mary of France, his Mother, the afore-mentioned Duke of York,
Henrietta Maria, Ducheſs of Orleans, his Siſter, Prince Rupert, and moſt of the
prime Nobility of England; the Reſt of the concerned, charged with the Direction
of the Company's affairs, were choſen from among the principal Merchants of
London, more eſpecially
thoſe who had carried on that Trade which the Com-
pany were now put in Poffeffion of. And that a proper Title might be given
to this illuſtrious Affociation, correſpondent to the Dignity of its Conſtituents,
it was called the Royal African Company; and the following Privileges were
granted it, and compoſed its Charter ;
I. That

664
GENERAL COMMERCE OF THE WORLD.
, , ,
1. That It ſhould be erected into a Body Politick, both in Name and Effect:
and in this Quality ſhould be capable in Law, to have, get, acquire, ſollicit, re-
ceive, poſſeſs, and enjoy, all Manors, Lands, Hereditaments, Rents, Liberties,
Privileges, &c. which any other of his Britannick Majeſty's Subjects might till
then poſſeſs and enjoy.
II. That It ſhould have a common Seal, of which the Impreſſion on one Side
fhould be an Eſcutcheon bearing an Elephant, with two Negroes for Supporters,
and, on the other Side, his Majeſty's Portrait.
III. For Its Government, there ſhall yearly be chofen, by a Plurality of the
Perſons named in the Charter, and other Adventurers interefted in the Company,
a Governor, Deputy, and Sub-Governor, with twenty-four or thirty-ſix Aflict-
ants, at their Election, or as they ſhall think proper.
es
IV. That the Governor and his Deputy, with ſeven of the twenty-four, or
thirteen of the thirty-fix Affiftants, are authoriſed to take on them the Care and
Management of the Company's Affairs, whether for buying or felling the Goods
and Merchandiſe proper to be fent to Africk, or that ſhall come from thence; or
in fitting out Ships, making Settlements, and chooſing Factors neceſſary for the
well-governing their Trade.
V. The Governor, Sub-Governor, and Affiſtants, when elected, fall take
the Oaths, before the then Lord Chancellor, Keeper of the Seals, or Lord Trea-
ſurer, except the Governor be of the Royal Family, in which Cafe he ſhall be
exempt from the faid Oath.
- VI. It ſhall be permitted to the faid Governor and Affiftants, to hold Courts
and Meetings whenever they think proper, and a competent Number being ſo af-
ſembled, may make, ordain, conſtitute, and eſtablish, Laws, Ordinances, and Re-
gulations, for the Government of their Company; and after making, to revoke
and diſannul them, in order to form others more convenient; and to impoſe and
inflict Penalties on the Violators of them, either by Fines or Impriſonment,
provided that the Laws and Penalties are juſt, and agreeable to the Laws of
England.
VII. The Partners and Adventurers may grant and transfer all or any Part of
the Stock which they ſhall have in the Company, to whomfoever they pleaſe,
provided the ſaid Ceffions and Transfers be made in full Court, and regiſtered.
VIII. That the Company may put to Sea, ſuch and as many Ships as they
fhall judge convenient for their Trade, and furniſh them with Artillery, Ammu-
nition, and other warlike Stores for their Defence.
IX. That the Company ſhall have the Poſſeſſion and Property of all the Gold
and Silver Mines that are, or ſhall be found, in all the Extent of their Grant; and
that It only ſhall deal there (excluſive of all other Engliſh Traders) in all Mer-
chandize, the Growth of the ſaid Countries, as well as in the Traffick of the
Negroes.
X. That it may equip ſuch, and as many Veſſels as it pleafes, to ſend on Dif-
coveries ; more particularly of thoſe Places that are hereby granted, and to make
the neceffary Settlements.
XI. That the ſaid Company fhall, nevertheleſs, pay all the Cuſtoms, Subſidies,
and Impoſts, that are due and payable, as well on the Exports of Goods and Mer-
chandiſe ſent to Africk, as on thoſe that ſhall be imported from thence.
XII. That only the Company's Ships, or thoſe to whom the Governor and Af-
fiftants ſhall give Permiſſion in Writing, may trade in Africk within the Limits
before preſcribed, nor bring any of thoſe Merchandiſes to England, under Penalty
of Seizure and Confiſcation of the ſaid Ships and Goods, &c.
XIII. That the Factors, Maſters of Ships, Sailors, and Members of the faid
Company, may not trade ſecretly, or otherwiſe, for their own Account, in any
of the ſaid Parts ; nor import into England any Merchandiſes, on the fame Pe-
nalties of Seizure and Confifcation as above.
XIV. His Britannick Majeſty reſerves to himſelf and Succeffors, a Liberty of
coming in, at any Time when he ſhall think proper, as Sharer in the Company's
Adventures, upon joining and bringing in a proportionable Fund to that already
made by the other Partners ; in which caſe they ſhall be admitted to have a Part
uft, and agreeable to
2
in

GREAT-BRIT A IN, &c.
665
may
in the Profits and Loſſes that it ſhall acquire or ſuffer, in Proportion to the Sums
that they ſhall have brought in.
XV. The Company, or its Governors and Affiftants, may nominate Captains
and Governors, to command in the Colonies that ſhall be eſtabliſhed in the Ex-
tent of Its Grant; to which Governors and Captains, his Majeſty grants Power
to command the military Forces that ſhall be there; to muſter them, and to do
and execute all that is permitted by the Laws of Arms; either without, for the
Defence of the ſaid Colonies againſt any foreign Invaſion, or within, to appeaſe
any domeſtick Troubles and Seditions.
XVI. That to explain what has been ſaid in the IXth Article concerning the
Gold Mines, his Majeſty reſerves to himſelf, his. Heirs, and Succeſſors, two
Thirds of the ſaid Mines, on ſupplying two Thirds of all the Charges that ſhall
occur, for the Working and Tranſporting of the ſaid Gold; the other Third
remaining in Property to the Company, on contributing likewiſe Its one Third
to the Expences.
XVII. 'The Company ſhall have the Enjoyment of all the Privileges of the
City of London, as full as any other Company of Merchants, eſtabliſhed by Let-
ters Patent of his Britannick Majeſty, or his Predeceffors, may or can enjoy.
XVIII. In fine, his Majeſty ordains, as well for himſelf as for his Heirs and
Succeffors, that all Admirals, Vice-Admirals, Generals, Commandants, Cap-
tains, Juſtices of the Peace, Comptrollers, Collectors, Searchers, and all other
Officers and Miniſters whatſoever, that they be aiding and aſſiſting to the Ad-
venturers in the Royal African Company, their Factors and Agents, whenfoever
they ſhall be required; his ſaid Majeſty intending, that all contained in the pre-
ſent Charter and Letters Patent ſhall have its full Effect, and that whatſoever
have been omitted, or leſs clearly explained than his Majeſty intended, ſhall
be ſupplied or interpreted in Favour of the ſaid Company.
This Charter of Charles II. of 1663, was afterwards confirmed by new Letters
Patent of the ſame King, under the 27th of September, 1673; which were fol-
lowed two Years afterwards by a Proclamation, in which his Majeſty orders the
Execution of the Article by which was granted to the Company an excluſive
Privilege, upon all the Coaſts of Africk, prohibiting all his Subjects, that were
not Members of it, to trade there.
In fine, neither the Letters Patent, nor the Proclamation, having been fuffi-
cient to hinder the Interlopers from diſturbing the Company's Trade, It had Re-
courſe to the Protection of James II. who It had the Honour to ſee twice among
the Number of Its Affociates; from whom It obtained, in the firſt Year of his
Reign, a new and more ſevere Proclamation, to exclude all the Engliſh who were
not Members of the Company, or that ſhould not have obtained Its Permiſſion,
from all Trade on the Coaſts of Africk; which laſt Proclamation was on the ift
of April, 1685
In conſequence of theſe Grants, the Company commenced, and carried on a
conſiderable Trade; but the vaſt Charges they were at, in building and ſupport-
ing their Fortifications, and their great Expence in maintaining and ſalarying
their Factors and Troops, the frequent Embroils and Altercations they have had
with different Nations about their Commerce, and Knavery of ſome, and Miſma-
nagement of others of their Dependents, obliged them frequently to follicit a
national Aſliſtance, and, being greatly in Debt, at laſt to petition Parliament for
Relief, who, having taken the State of their Caſe into Conſideration, determined
on making a new Company, for extending and improving the Trade to Africa;
which they did by the following Act:
The Preamble ſets forth, That the Trade to and from Africa, being very ad- 23 Geo. II.
vantageous to Great-Britain, and neceſſary for the ſupplying the Plantations, and
Colonies belonging thereto, with a ſufficient Number of Negroès, at reaſonable
Rates, ought for that Purpoſe to be free and open to all his Majeſty's Subjects :
It is therefore cnaeted, That it ſhall be lawful for all the King's Subjects to trade
to and from any Place in Africa, between the Port of Sallee in South Barbarý;
8 G
and
mas
P. 547:

666
GENERAL COMMERCE OF THE WORLD.
P. 548.
P. 549.
hereby eſtabliſhed, th
and the Cape of Good-Hope, without any Reſtraint whatſoever, fave, as herein
after expreſſed.
All his Majeſty's Subjects who ſhall trade to and from Africa, between Cape
Blanco and the Cape of Good-Hope, ſhall for ever hereafter be deemed a Body Cor-
porate and Politick, in Name and in Deed, by the Name of The Company of Mera
chants trading to Africa, and by the fame Name ſhall have perpetual Succeſſion,
and a common Seal; and may ſue and be ſued, and do any other Act, which any
Body Corporate or Politick, or ſuch, may lawfully do.
All the Britiſh Forts, Settlements, and Factories, on the Coaſt of Africa, be-
ginning at Cape Blanco, and extending from thence to the Cape of Good-Hope,
incluſive, and all other the Regions, Ports, &c. comprehending within the ſaid
Limits, which are now claimed by, or in the Poſſeſſion of, the Royal African
Company of England, or which may hereafter be in the Poſſeſſion of the Company
Company of their Charter, Forts, and all other their Property on the Coaſt of
Africa, their Goods and Merchandiſe only excepted, be abſolutely veſted in the
new Company eſtabliſhed by this Act, and their Succeſſors, to the Intent that the
ſaid Forts, Settlements, and Premiſes, ſhall be employed only for the Protection,
Encouragement, and Defence of the ſaid Trade.
The Company eſtabliſhed by this Act thall not trade to or from Africa, in their
corporate or joint Capacity; nor ſhall they have any joint or transferable Stock;
nor ſhall they borrow Money on their common Seal.
The Direction and Management of the Affairs of the new Company ſhall be by
a Committee of nine Perſons to be choſen annually; who are to meet as often as
fhall be neceſſary, at ſome Place in the City of London ; and the ſaid Committee,
or any five of them, or the Majority of them aſſembled, ſhall, from and after the
paffing ſuch Act for diveſting the African Company of their Charter, &c. or be-
fore, To far as the African Company ſhall conſent thereto, have full Power to
make Orders for the governing and improving the Forts and Factories which are,
or ſhall be built within the Limits aforeſaid, and to appoint Governors, Deputy-
Governors, or any other Officers civil or military, and to remove or diſplace them
when they ſhall ſee fit; and to make Orders and Regulations for the better Go-
vernment of the ſaid Officers and Servants abroad, and to take Security for their
good Behaviour, and Obedience to the Regulations eſtabliſhed by this Act, and
to ſuch as the Committee ſhall from Time to Time make ; ſo as no Orders or
Regulations made by the Committee ſhall lay any Reſtraint whatſoever on the
Trade or Traders, contrary to the Intent of this Act.
The Traders, or Perſons intending to trade, to or from Africa, who ſhall, on
or before the 30th of June 1750, have paid into the Hands of the Chamberlain of
the City of London, 40s. each for their Admittance into the Freedom of the
ſaid Company, are empowered to meet on the 30th of July 1750, in the Guild-
hall of the ſaid City, and chooſe three Perſons : And ſuch as ſhall, on or before the
ſaid 30th of June have paid into the Hands of the Clerk of the Merchants Hall
in the City of Briſtol, the like Sum of 405. are empowered to meet on the 10th
of July, in ſome convenient Place in the City of Briſtol, and chooſe three other
Perſons; and ſuch as fhall, on or before the ſaid 30th of June, have paid into the
Hands of the Town Clerk of Liverpool, the like Sum of 4os. are empowered to
meet on the ſaid 10th of July, in the Town-Hall of Liverpool, and chuſe three
other Perſons; and the nine Perſons ſo choſen ſhall be the firſt annual Committee,
and ſhall continue in their Office for one Year, and until others ſhall be choſen
in their Room.
In all future Elections, the Committee ſhall be nominated on the 3d of July in
every Year, in Manner following, viz. three ihall be nominated by the Freemen of
the ſaid Company admitted in London, who Thall afſemble for that Purpoſe at Lon-
don ; three by the Freemen admitted into the ſaid Company at Briſtol, who ſhall
aſſemble for that Purpoſe at Briſtol; and three by the Freemen of the ſaid Com-
pany admitted in Liverpool, who ſhall aſſemble for that Purpoſe at
Liverpool.
The Freemen of the ſaid Company in any of the ſaid Cities and Towns, reſpec-
tively, may chooſe other Committee-men in the Place of thoſe that ſhall happen to
P. 510.
23 Geo. II.
P.551.
die,
GREAT - BRITAIN, &c.
667
any
die, be removed, or refuſe to act; and ten Days previous Notice ſhall be inſerted
in the London Gazette by the Committee, of the Time and Place where ſuch
Election is to be had.
If at the Time appointed for the Elections of Committee-men, the Freemen
in of the ſaid Cities or Towns ſhall neglect to proceed to ſuch Choice, ſuch as
ſhall be choſen in the other of the ſaid Cities or Towns, though leſs in Number
than nine, may act as the Committee until the next annual Election; and all
Elections ſhall be determined by the Majority of the Votes preſent; and where
the 3d of July ſhall fall on a Sunday, the annual Election of Committee-Men
ſhall be on Monday the 4th of July.
In Caſe of an Equality of Votes at any Election, the Lord-Mayor of London,
the Mayor of Briſtol, and the Mayor of Liverpool, reſpectively, thall determine
which of ſuch Perſons ſhall be the Committee-Man.
The Committee ſhall meet for the firſt Time on the firſt Monday in Auguſt, P. 552.
1750, and ſhall then ſettle the Manner of their future Meetings, and
of the No-
tices and Summonſes to be ſent for that Purpoſe to the Members of the Committee;
and no Order or Reſolution of the Committee, to which all the Members preſent
at the making thereof ſhall not be conſenting, ſhall be binding, unleſs confirmed
at a ſubſequent Meeting, at which all the Members of the Committee ſhall be
preſent, or of which the Abfentees ſhall have had the uſual Notice.
At every Meeting, when the Time prefixed for entering on Buſineſs is come,
and ſo many as are neceſſary to make a Committee are preſent; before they enter
upon Buſineſs, a Chairman ſhall be choſen by Lot, out of the Committee-Men
then preſent who ſhall take the Chair for that Meeting ; but he ſhall not vote
that Day on any Queſtion, unleſs the Votes are equal, in which Caſe he may
yote;
and
every Committee-Man, who ſhall not be preſent at the Choice of the
Chairman, ſhall not vote on any Queſtion before the Committee that Day; but
he may be preſent, and give his Opinion in all Matters as any other Committee-
Man may do; and all Matters which ſhall be decided by a Plurality of the
Votes of ſuch of the Committee-Men as ſhall be intitled to vote, ſhall be deemed
to be decided by a Majority of the Committee then preſent.
Such of his Majeſty's Subjects as ſhall, on or before the 30th June 1750, pay
to the Chamberlain of London, the Clerk of the Merchants Hall in Briſtol, or the
Town-Clerk of Liverpool, 40s. each for their Freedom, ſhall be the firſt Mem-
bers of the ſaid new Company: And from and after the ſaid 30th of June, any
other of his Majeſty's Subjects who ſhall trade to or from Africa, ſhall be admitted
Freemen of the ſaid Company at London, Briſtol, or Liverpool upon Payment of
40s. each, to ſuch Perſons as the Committee Thall appoint to receive the ſame.
No Perſons admitted Freemen after the ſaid 30th of June, ſhall vote at the P. 553.
Election of Committee-Men until one Year after their Admiſſion.
The Chamberlain of London, the Clerk of the Merchants Hall in Briſtol, the
Town-Clerk of Liverpool, and ſuch other Perſons as the Committee ſhall appoint
to receive the ſaid Sums of 4os. for the Admiſſion of Perſons into the Freedom
of the Company, ſhall ſign and deliver to every ſuch Perſon a Certificate of
Payment thereof, for which they ſhall be paid 25. 6d. as a Fee, and no more,
and the Names and Places of Abode of every ſuch Perſon ſhall be entered in a
Book to be kept for that Purpoſe by the Receivers.
The Chamberlain of London, the Clerk of the Merchants Hall at Briſtol, and the
Town Clerk of Liverpool, ſhall pay and deliver over the ſaid ſeveral Sums of 405.
received by them, and the Books in which the Names and Places of Abode of the
Perſons making Payment thereof are entered, to ſuch Perſons as the Committee
Thall appoint to receive the ſame.
The Perſons who ſhall be appointed by the Committee at London, Briſtol, and 23 Geo. II
Liverpool, to receive the ſaid Sums of 40s. Thall annually, or oftener if required,
pay and deliver over the ſame, together with the Liſts of the Names, and Places
of Abode of the Perſons from whom received, to the Committee, as they ſhall
direct.
An exact Liſt ſhall be kept at the Office of the Committee in London, of the
Names and Place of Abode of all Perſons admitted into the Freedom of the ſaid
Company,

P.
554
1

668
GENERAL COMMERCE OF THE WORLD.
P. 555.
Company, diſtinguiſhing where each Perſon was admitted; which Liſt ſhall
yearly, ten Days at leaſt before the annual Election, be printed and delivered
gratis to the Members who fhall deſire the ſame.
No Perſon ſhall be capable of being choſen, or acting as a Committee-Man,
above three Years ſucceſſively; and two or more Perſons, who ſhall be in Co-
partnerſhip in Trade, ſhall not be choſen, during the fame Time or Year : And
none of the ſaid nine Perſons, during the Time they ſhall be of the Committee,
fhall directly or indirectly trade jointly or in Copartnerſhip to Africa; or lade
any Goods or Merchandiſes on board the fame Ship in which any one of the
Committee ſhall, for that Voyage, have before laden Goods, to be carried to
any Place in Africa.
The Committee may from Time to Time inveſt ſuch Part of the faid Money in
their Hands, as they ſhall judge neceſſary, in the Purchaſe of Goods and Stores ;
which, after the ſame are inſured, ſhall be exported to Africa, and there ſold, and
applied for the ſole Uſe, Preſervation, and Improvement of the Forts and Settle-
ments; and for the Payment of the Wages and Salaries to the Officers and other
Perſons employed there ; but the Committee ſhall not export from Africa any
Negroes or other Goods in Return, or in any other Manner carry on a Trade to
or from Africa. And an Account of the Committee's Receipts and Payments
ſhall be kept in a Book which thall be open at their Office in London, to be peruſed
gratis at all ſeaſonable Times, by any Members of the Company.
The Commiſſioners for Trade and Plantations may remove any of the Commit.
tee-Men, or Officers, or Servants appointed by them, who ſhall be guilty of any
Miſbehaviour, contrary to this Act; giving Notice of ſuch Removal, and ſpecify-
ing the Cauſes thereof to the Committee; and when a Committee-Man ihall be
fo removed, the Committee ſhall give Notice forthwith to the Mayor of the City
or Town by whom the ſaid Perſon was choſen, to elect another in his Room;
and if any Officer or Servant ſhall be removed, the Committee may appoint an-
other in his Stead.
Whenever the Committee-Man ſhall be charged with Miſbehaviour in his Em-
ployment, the Commiſſioners for Trade and Plantations ſhall ſummon him to
appear before them; and upon his Attendance, or Default, examine into the
Truth of the Charge, before they ſhall remove him from his Employment. .
P. 556.
The Committee Thall render an Account of all their Tranſactions once a Year to
the Commiſſioners for Trade and Plantations, or oftener if required; in which
ſhall be contained an Account of all the Monies received and diſburſed by them,
or by their Order; and alſo all the Orders and Inſtructions given, as well to their
Officers and Servants in Great-Britain, as on the Coaſts of Africa ; and all
their Anſwers thereto; and all other the Tranſactions of the Committee.
The Committee, out of the Monies they ſhall receive, may deduct annually a
Sum not exceeding Sool. for defraying, in the firſt place, the Salaries of their
Clerks and Agents, at London, Briſtol, and Liverpool, the Houſe-Rent of their
Office in London, and all other Charges of Management, Commiſſion, or Agency,
in England; and the Reſidue of the ſaid Sum ſhall be divided amongſt them-
ſelves, as they ſhall think proper, as a Compenſation for their Trouble and At-
tendance ; and the Reſt of the Monies ſhall be applied wholly to the Mainte-
nance and Improvement of the Forts and Settlements on the Coaſt of Africa,
which ſhall be in the Poffefſion of the ſaid Company, and for providing Am-
munition and Stores, and Officers and Soldiers, to defend the ſame.
The Committee ſhall, within one Month after the Expiration of the Year for
which they ſhall be choſen Committee-Men, lay before the Curſitor Baron of the
Exchequer, an Account upon Oath of the Money received by them during the pre-
ceding Year, and of the Application thereof; and the Curátor Baron, within one
Month after, ſhall audit and paſs the ſame; and he may examine any of the ſaid
Committee, and ſuch other Perſons as he ſhall judge neceſſary upon Oath, touch-
ing any of the Articles or Particulars therein; and the Account fo audited and
paffed ſhall be a full Diſcharge to the ſaid Committee; without their being com-
pelled to render any other; and the Committee Thall lay before the Parliament
Geo
. II. every Seſſion a Copy of the ſaid annual Account, and of all the Orders and Regu-
lations
23
P. 557
2

GREAT-BRITAIN, &c:
669
lations made by them in the preceding Year relating to the ſaid Forts and Settle-
ments, or the Government of their Officers or Servants employed therein; and
Copies of the ſame ſhall be annually laid before a general Meeting of the Mem-
bers of the ſaid Company, to be held in London, Briſtol, and Liverpool, of which
fourteen Days Notice ſhall be previouſly given in the London Gazette:
No Officer or other Perſon employed by the Committee at any of their Forts or
Settlements, Thall in any Manner, or on any Pretence, obſtruct any of his Majeſty's
Subjects in Trading; and the Forts, Warehouſes, and Buildings, which are or ſhall
be erected by the ſaid Company, ſhall at all Times be free and open to all his Ma-
jeſty's Subjects, to be uſed as Warehouſes for depoſiting Gunpowder, Gold, Ele-
phants Teeth, Wax, Gums, and Drugs, and no other Goods.
The ſaid Forts, Warehouſes, and Buildings, ſhall, in Caſe of Neceflity or
Danger, be free and open to all his Majeſty's Subjects, for the Safety of their
Perſons, and Security of all their Effects.
Any of his Majeſty's Subjects trading to Africa, for the Security of their Goods
or Slaves, may erect Houſes and Warehouſes under the Protection of the ſaid
Forts, or elſewhere, in any other Part of Africa within the Limits aforeſaid ;
and the ſame ſhall be their Property, and not be diſpoſed of, or let, to any
Foreigner whatſoever.
If the Commander or Maſter of any Veſſel trading to Africa, ſhall, by any indi-
rect Practice whatſoever, take on board or carry away from the Coaſt of Africa any
Negro or Native of the Country, or ſhall commit, or ſuffer any Violence to be
committed on the Natives, to the Prejudice of the ſaid Trade, he ſhall forfeit 1ool, P. 558.
one Moiety thereof to go to the Uſe of the Company towards maintaining the
ſaid Forts and Settlements, and the other to the Proſecutor.
The Lords of the Adiniralty ſhall give Inſtructions to the Captains of ſuch of
his Majeſty's Ships of War as ſhall be ſtationed or ordered to cruize within the
Limits aforeſaid, from Time to Time to inſpect and report to them the State and
Condition of the ſaid Forts and Settlements; and the Officers of ſuch Forts are
required to permit ſuch Inſpection; and Copies of all the ſaid Reports ſhall be
laid before the Parliament every Seſſion.
Such Commiſſion Officers of his Majeſty's Navy as the Lords of the Admiralty
ſhall appoint for that Purpoſe, ſhall inſpect and examine the State and Condition
of the Forts and Settlements on the coaſt of Africa in the Poffeffion of the Royal
African Company, and of the Number of Soldiers therein; and alſo the State and
Condition of the military Stores, Caſtles, Slaves, Canoes, and other Veſſels and
Things belonging to the ſaid Company, and neceſſary for the Uſe and Defence of
the ſaid Forts and Settlements, and thall, with all poſſible Diſpatch, report how
they find the ſame to the Lords of the Admiralty; and the ſaid Company, their
Officers and Servants, are required to permit ſuch Inſpection and Examination,
and to aſſiſt therein ; and a Copy of the ſaid Report ſhall be laid before Parlia-
ment at the beginning of the next Seffion.
The Accomptant-General of the Court of Chancery, and ſuch two of the other P. 559.
Maſters of the ſaid Court as the Lord Chancellor, or Lord Keeper of the Great
Seal, ſhall nominate for that Purpoſe, ſhall be Commiſſioners for examining into
the Claims of the Creditors of the Royal African Company; and the ſaid Cóm-
miſſioners, or two of them, are impowered, according to their Diſcretion, by Exa-
mination of the Parties intereſted, or the Teſtimony of Witneſſes upon Oath, or
by the Inſpection and Examination of the Books, Deeds, Writings, and Accounts
of the ſaid Company and their Creditors, to examine into the ſaid Claims, and
enquire and ſtate when the ſame were reſpectively incurred, and for what Con-
ſideration they were originally contracted; and upon what Conſideration the
Claimants became intitled thereto, together with their opinion of the Juſtneſs and
Reaſonableneſs of ſuch Debts; and for that Purpoſe the Creditors are to deliver
unto ſuch Officers and at ſuch Place within the City of London as the ſaid Com.
millioners, or two of them, ſhall appoint, of which Notice thall be given in the
London Gazette, an Account of their reſpective Claims, with a Copy of their Se-
curities for the ſame; and ſuch of the ſaid Creditors as reſide in Great-Britain or
Ireland, thall make their Claims on or before the 30th of Auguſt 1750, and ſuch
8 H
29
670
GENERAL COMMERCE OF THE WORLD.

P. 560.
as are reſident on the Coaſt of Africa, or elſewhere beyond the Seas, ſhall make
their Claims on or before the 30th of December 1750, and the Directors and
Officers of the faid Company, and all other Perſons whom the Commiſſioners
fhall think fit to examine touching the faid Matters, are required to attend the
Commiſſioners at the Times and Places they thall appoint, and to give the beſt
Information they can touching the faid Claims; and to produce all Books and
Papers in their Cuſtody or Power relating thereto; and the Commiſſioners, or two
of them, are authoriſed to adminiſter an Oath for the better Diſcovery of the
23 Geo. II. Truth of the ſaid Facts; and they are to cloſe their Examinations of all the
Claims that ſhall be made by fuch of the Creditors who reſide in Great-Britain, or
Ireland, on or before the 31ſt of January 1750; and of ſuch as reſide in Africa or
other Parts beyond the Seas, on or before the 28th of February 1750; and are to
lay the Accounts of their Proceedings before the Parliament with all convenient
Speed. If any Perfon ſummoned ſhall neglect or refuſe to appear and be examined
touching the Matters and Things by this Act directed to be enquired into, or ſhall
refuſe to anſwer, or ſhall not fully anſwer to the Satisfaction of the Commiſſioners
all Queſtions put to them, as well by Word of Mouth as by Interrogatories
in Writing, or ſhall refuſe or neglect to produce all Books of Accounts and Papers
in their cuſtody or Power relating to the Premiſſes, any two of the Commiſſioners
may commit ſuch Perfon to ſuch Priſon as they ſhall think fit, to remain there
P. 561.
without Bail or Mainprize until he ſhall fübmit in all Things aforeſaid; and the
Commiſſioners, where any Perſon ſhall be committed for refuſing to anſwer, or
for not fully anſwering any ſuch Queſtion, fhall ſpecify the Queſtion in their
Warrant and Commitment.
The Royal African Company, &c. are reſtrained for one Year to be computed
from the 17th of March 1749, from afligning or diſpoſing of any of their militay
Stores, Ammunition, Slaves, Canoes, Veffels, and Things neceſſary for the Uſe or
Defence of their Forts and Settlements; and all Actions and Suits for Recovery of
any Debt due by, or contracted on Behalf of, the ſaid Company, ſhall be ſtayed
for one Year, to be computed from the faid 17th of March 1749.
The Remainder of this
Act is about Mr. David Crichton then in Cuſtody, and the
Charges of obtaining the Act,&c. And another was made in the ſucceeding Seſſion,
viz. 24 Geo. II. for allowing further Time to the Commiſſioners appointed by and
in Purſuance of the preceding Act, to enquire into the Claim of certain Creditors
of the Royal African Company, &c. viz. till the 12th of January 1752.
This Act recites the two preceding
ones, and in Purſuance of them, that a Survey
P. 773, 774. had been taken of all the Forts and Caſtles of the Royal African Company on the
Coaſt of Africa, by Captain Tbomas Pye, Commander of his Majeſty's Ship Hum-
ber, and of the Quantity, Number, and Quality of Cannon, and their military
Stores, Canoe-Men, Caſtle Slaves, Canoes, and Veſſels, then at each reſpective
Fort belonging to the ſaid Royal African Company. And whereas the ſaid Com-
pany are willing to ſurrender all and ſingular their Lands, Forts, &c. and all
their Eſtate, Property, Intereſts, and Effects whatſoever, for ſuch Compenſa-
tion and Satisfaction, and to be applied in ſuch Manner as herein after is expreſſed
and directed : Be it therefore enacted, that the Royal African Company of Eng-
land, from and after the roth Day of April 1752, hall be, and they are hereby
abſolutely diveſted of, and from their ſaid Charter, Lands, Forts, Caſtles, &c.
and all other their Eſtate, Property, and Effects whatſoever ; and that all and
every the Britiſh Forts, Lands, Caſtles, Settlements, and Factories, on the Coaſt of
Africa, beginning at Port Sallee, and extending to the Cape of Good-Hope in-
cluſive, which were granted to the ſaid Company by the ſaid Charter, or which
have been fince erected or purchaſed by the ſaid Company; and all other the
Regions, Countries, &c. lying and being within the aforeſaid Limits, and the
Idlands near adjoining to thoſe Coaſts, and comprehended within the Limits
deſcribed by the ſaid Charter, and which now are, or at any Time heretofore
have been, in the Poffeffion of, or claimed by the ſaid Royal African Company
of England, together with the Cannon, and other military Stores, Canoe-Men,
c. at and belonging to the ſaid Forts, Caſtles, &c. (ſuch Stores as have been
made Uſe of in the Service of the Forts, and ſuch Çanoe-Men and Slaves as may


25
Geo. II.
F. 775
have
GREAT BRITAIN, &c.
671
P. 777
have died ſince the taking of the ſaid Survey, only excepted) and alſo all Con-
tracts and Agreements, made by, or for, or on the Behalf of the ſaid Royal
African Company, with any of the Kings, Princes, or Natives, &c. and all other
the Property, Eſtate, and Effects whatſoever of the ſaid Royal African Company,
ſhall, from and after the ſaid 10th of April, 1752, be veſted in, and the ſame 25 Geo. II.
and every of them are, and is hereby fully and abſolutely veſted in the ſaid Corpo-
ration, called and known by the Name of The Company of Merchants trading to
Africa, and their Succeſſors, freed and abſolutely diſcharged of and from all
Claims and Demands of the ſaid Royal African Company and their Creditors.
Provided always, that the diveſting the ſaid Royal African Company of their
Charter, and veſting the before-mentioned Premiſes in the ſaid Company of Mer-
chants trading to Africa, ſhall not extend to give the ſaid Company; or their Com-
mittee, any other Rights, Privileges, or Powers, than ſuch as are given to the
ſaid Company by the afore recited Act of 23 Geo. II.
And Bance Iſland, in the River Sierra Leon, with its Forts and Buildings, ap-
pearing to belong to Alexander Grant, John Sargent, and Richard Oſwald of Lon-
don, Merchants, they fhall continue in the quiet Poffeffion of it, and it ſhall be
abſolutely veſted in them, their Heirs and Aſſigns; any Thing herein or in any P. 777.
former Acts to the contrary notwithſtanding; though with the Proviſo, that it
ſhall never be lawful for them to alienate their Right and Intereſt therein to any
foreign Perfon.
The new Company of Merchants may, with the Conſent of the Commiſſioners
for Trade and Plantations, raiſe and arm, train and muſter, ſuch military Forces as
to them ſhall ſeem requiſite and neceſſary, and ſubject them to martial Diſcipline,
ſo as the Puniſhment does not extend to the Loſs of Life or Limb.
They may alſo erect Courts of Judicature for hearing and determining all
Cauſes on Account of maritime Bargains, &c. or concerning any Perſon reſiding P. 778.
within the Bounds and Limits aforeſaid.
Provided nevertheleſs, that his Majeſty, his Heirs and Succeffors, ſhall have full
Power, at his or their Will and Pleafure, from Time to Time, by his or their
Sign Manual, to revoke all ſuch Powers which ſhall be given to any Perſons for
raiſing, arming, and training the military Forces, and all ſuch Rules and Regula-
tions as ſhall be given or eſtabliſhed, and to grant all military Powers on the ſaid
African Coaſt, and eſtabliſh ſuch Rules and Regulations as he or they ſhall from
Time to Time think fit; and alſo to revoke and repeal all ſuch Courts of Juſtice
as ſhall be erected; and to erect and eſtabliſh ſuch other Courts of Juſtice there,
as he or they ſhall from Time to Time think fit.
And be it further enacted, that all Contracts and Agreements which have been
made by the ſaid Royal African Company with any of the Kings, &c. on the ſaid
Coaſts, and all Deeds, &c. which did belong to the ſaid Company, fall, on or
before the ſaid 10th Day of April, 1752, be delivered over to the ſaid Company
of Merchants trading to Africa, &c.
And for making a full Compenſation and Satisfaction to the Royal African Com-
pany for their ſaid Charter, Lands, Forts, Caſtles, &c. Be it enacted, that out of P. 779.
all or any the Aids or Supplies granted to his Majeſty in this Seſſion of Parlia-
ment, there may, and ſhall be applied and paid, the Sum of one hundred and
twelve thouſand one hundred and forty-two Pounds, three Shillings, and three
Pence, without Account, co ſuch Perſons, and in ſuch Proportion, and in ſuch
Manner as is herein after particularly directed and appointed.
That out of the ſame Sum of 112,1421. 35. 3d. the Commiſſioners of his Ma-
jeſty's Treaſury, or any three of them for the Time being, do iffue and pay the
Sum of one thouſand ſix hundred and ninety-five Pounds and three Shillings, to
Richard Edwards and Edmund Sawyer, Eſqrs. two of the Maſters of the High
Court of Chancery, and John Waple, Eſq. one other of the Maſters, and alſo
Accomptant-General of the ſaid Court; being the Commiſſioners appointed to
examine and ſtate the Claims of the Creditors of the ſaid Royal African Com-
pany, by the 23d of his preſent Majeſty, for their Trouble, and in Satisfaction
of the Expenſes of executing the ſaid Commiflion,



2
And
672
GENERAL COMMERCE OF THE WORLD.
-
25
Geo. II.
P. 780.
P.781.
And it is further enacted, That out of the aforeſaid Sum of 112,1421. 35. 3d.
the further Sum of eighty-four thouſand fix hundred and fifty-two Pounds, twelve
Shillings, and ſeven Pence, be diſtributed and paid to the ſeveral Creditors men-
tioned and ſet forth in the ſecond Schedule to this Act annexed, in the reſpective
Sums and Proportions therein mentioned, in full Satisfaction of all and every
their Demands.
That twenty-three thouſand ſix hundred and eighty-eight Pounds, fifteen Shil-
lings, and five Pence, be paid and divided to and amongſt the Perſons named in
the third Schedule to this Act annexed, in the Sums and Proportions therein men-
tioned, being ſuch of the Proprietors of African transferrable Stock as were pof-
ſeſſed of the fame on the 31ſt Day of December, in the Year of our Lord 1748, the
ſame being computed to be at, and after the Rate of ten Pounds per Centum on
the ſaid Stock, fo poſſeſſed by them at that Time, in full of all their Right and
Title to the ſame, or any Part thereof.
That the Sum of two thouſand one hundred and five Pounds, twelve Shillings,
and three Pence, Refidue of the ſaid Sum of 112,1421. 35. 3d. be paid and divided
to and amongſt the Perſons named in the fourth Schedule to this Act annexed,
the Sums and Proportions therein mentioned, being ſuch of the Proprietors of
African transferrable Stock as have become poſſeſſed of the ſame ſince the ſaid
21ſt of December, 1748, being computed to be at and after the Rate of five
Pounds per Centum on the Stock fo pofleſſed by them, in full of all their Right
and Title to the ſame or any Part thereof.
And be it further enacted, That from and after the faid 1 oth of April, 1752,
the ſaid Royal African Company ſhall ceaſe to be a Corporation, and all Claims
and Demands againſt it, &c. are hereby declared to be null and void, &c.
And that the ſaid Richard Edwards, Edmund Sawyer, and John Waple, Eſąrs.
or ſuch other of the Maſters of the High Court of Chancery as may be hereafter
appointed, ſhall
be conſtituted and appointed Commiſſioners for the making out
and delivering Certificates to all the Creditors of the ſaid Royal African Com-
pany, and the Proprietors of their Stock in the ſaid Schedules particularly men-
tioned, and for other the Purpoſes in this Act contained, for the Space of two
Years, to be computed from the iſt of January 1752. And the ſaid Commiſ-
fioners, or any two of them, are hereby impowered and required with all con-
venient Speed to make out, under their Hands, and to deliver to all and every
the Creditors of the faid Company, and to the ſeveral Proprietors of African
transferrable Stock, mentioned in the ſaid ſeveral Schedules, Certificates of what
is due, or allowed to them reſpectively as aforeſaid, and to take proper Receipts
for the fame, &c.
And in Caſe of any of the Creditors or Proprietors Death, or becoming Bank-
rupts, the Certificate ſhall be delivered to their reſpective Executors or Al-
ſignees.
And be it further enacted, That all the Creditors of the ſaid Company, and
Proprietors of their Stock, on Receipt of the Certificate herein before directed
to be made out and delivered, ſhall, upon their reſpective corporal Oaths, which
the ſaid Commiſſioners are hereby authoriſed to adminiſter, produce and deliver
up to the ſaid Commiffioners, all and fingular the Bonds, Bills, &c. relating
to their reſpective Debts, which at the Time of the Examination of their Claims,
or that of receiving the ſaid Certificate, were, or ſhall be, in their Hands, which
the ſaid Commiſſioners are hereby impowered and required to cancel and deſtroy;
and the Comıniſſioners are hereby impowered to ſtop and retain the Certificates
of ſuch as ſhall not deliver up the Securities to their Satisfaction, or as they ſhall
require.
And that the Creditors and Proprietors, or their Executors or Aflignees, ſhall
attend the ſaid Commiſſioners, on ſuch Days and Times, and at ſuch Place,
within the Cities of London or Westminſter, as the ſaid Commiſſioners ſhall
ap-
point in the London Gazette.
That the Lord High Treaſurer, or any three or more of the Commiſſioners,
are hereby authoriſed and impowered, on Tender to them of the Certificates, to
iffue



P.782.

25 Geo. II.
P.783.
I

GRE A T - BRITAIN, &cc
.
675
iſſue and pay to the Perſons named in them, the ſeveral Sums therein reſpective-
ly contained.
That in Caſe of the Death of any of the Commiſſioners, others ſhall be
ap-
pointed by the Lord High Chancellor; and the Commiſſioners are hereby re-
quired to lay Accounts of their Proceedings before the Parliament.
And it is further enacted, that the ſaid Company of Merchants trading to Africa,
and their Succeffors, are hereby required, with all convenient Speed, to ſell and
diſpoſe of all the Goods, Wares, and Merchandiſe of the ſaid Royal African Com-
pany, which ſhall come to the Hands of the ſaid Company of Merchants or their
Agents (the military Stores, Slaves, Canoes, and Veſſels, in the firſt Schedule to
this Act annexed, excepted) for the beſt Price that can be got for the ſame; and
that the ſaid Company of Merchants do every Seſſion of Parliament, until the
whole ſhall be diſpoſed of, lay before both Houſes of Parliament, an Account of
the Diſpoſition of the ſaid Goods, &c.
And that the ſaid Commiſſioners ſhall and may take for each Certificate from
the Parties obtaining the ſame, a Sum not exceeding the Rate of two Pounds per
Cent. upon the Money contained therein, where the Sum ſhall not be more than
one hundred Pounds; and a Sum not exceeding one Pound per Cent. where the
Money contained therein is above one hundred Pounds, and not exceeding one
thoufánd Pounds; and a Sum not exceeding ten Shillings per Cent. where the
Money contained therein does exceed one thouſand Pounds ; which reſpective
Sums, and no more, the ſaid Commiſſioners shall and may demand and take, in
full Recompence for all Trouble and Expences which they or their Clerks, &c.
Thall be at, in the Execution of the Powers thereby given them.
And whereas, at a general Meeting of the Creditors of the ſaid Royal African P. 784.
Company, on the 4th of March 1747, Robert Myre and William Mills, of London,
Merchants, and John Leapidge, Stationer, with others, were choſen and appointed
by the ſaid Creditors, to follicit a Satisfaction for the juſt Debts due and owing to
them;
and as it is reaſonable that all the ſaid Creditors ſhould contribute to the
Charges of ſuch Sollicitation, and a proportionable Part of the Expences for ob-
taining this and the laſt Act; every Creditor of the ſaid Company whoſe Name is
exprefied in the ſecond Schedule, ſhall pay to the ſaid Robert Myre, &c. or one of
them, a Contribution, at, and after the Rate of two Pounds per Cent. upon the
Sum in the ſaid Schedule expreſſed, to be by them, the ſaid Robert Myre, &c. ap-
plied in Payment of all ſuch Charges and Expences as they have been or ſhall be
at, &c. and no one of the ſaid Creditors ſhall have a Certificate of, or for, his or her
ſaid Debt or Claim from the ſaid Commiſſioners, until he, or ſhe, ſhall produce to
them a Note in Writing, under the Hands of the ſaid Robert Myre, &c. or one of
them, expreſſing the Receipt of the ſaid Contribution. And the faid Robert Myre, P. 785.
&c. ſhall, on or before the roth of May, 1754, or within three Calendar Months
next after all the Contributions aforeſaid ſhall have been paid (if the ſame ſhall be
ſooner paid) lay and ſubmit an Account thereof, and of their Payments and Dif-
burſements, in Writing under their Hands before the ſaid Commiſſioners for their
Examination and Allowance; and ſhall diſpoſe of the Balance then remaining in
their Hands (if any) in ſuch Manner as the ſaid Creditors at a general Meeting to
be ſummoned for that Purpoſe by Advertiſement in the London Gazette, or the
major part in Value of the Creditors, at ſuch Meeting, ſhall reſolve, agree, or direct.
And whereas there is a conſiderable Sum of Money due to William Newland, the
Sollicitor to the Royal African Company, for his Fee, Labour, and Difburtements,
in diverſe Sollicitations on their Account in their general Buſineſs ſince the
of December 1749; and it being juſt and reaſonable that all the Proprietors of the
transferrable Stock of the ſaid Company ſhould contribute to a proportionable Part
of the Expences for obtaining the laſt and preſent Act, every Proprietor of the ſaid
Company, whoſe Names are expreſſed in the third and fourth Schedules to this
Ad annexed, ſhall pay to John Vaughan, Solomon Aſhley, and Bibye Lake, Eſqrs.
Captain Thomas Collett, and Samuel Exell, Gentlemen, or one of them, a Contri-
bution, at, and after the Rate of two Pounds per Centum, for and upon the re-
ſpective Sums in the ſaid reſpective Schedules expreſſed to be payable to the Per-
fons therein mentioned, to be by them the ſaid John Vaughan, Éfq; &c. applied
31ſt
8 I
in
676
GENERAL COMMERCE OF THE WORLD.
P. 786.
in Payment of ſuch Sums as are now due to the ſaid William Newland, on the
Account before-mentioned; and a proportionable Part of the Charges for obtain-
25 Geo. II. ing the ſaid Aas, in ſuch Manner as ſhall be adjudged and directed by the faid
Commiſſioners in Writing under their reſpective Hands; and no one of the ſaid
Proprietors ſhall have a Certificate for his or her ſaid Share and Proportion from
the ſaid Commiſſioners, until he or ſhe ſhall produce to them a Note in Writing,
under the Hands of the ſaid John Vaughan, Ê fq. &c. or one of them, expreſſing
the Receipt of the ſaid Contribution; and the ſaid John Vaughan, Eſq. &c. Ihall,
on or before the roth of May, 1754, or within three Calendar Months next after
all the Contributions aforeſaid ſhall have been paid (if the ſame ſhall be ſooner
paid) lay an Account thereof, and of their Payments and Diſburſements, in Writ,
ing under their Hands, before the ſaid Commiſſioners for their Examination and
Allowance, and ſhall diſpoſe of the Balance then remaining in their Hands (if any)
for that Purpoſe, by an Advertiſement in the London Gazette, or the major Part
of them in Value, preſent at ſuch Meeting, Thall direct and appoint.
This Act ſhall be taken and deemed as a publick Act, &c.
The old Company being thus diveſted of their Charter, the Trade to Africa
became free and open to all his Majeſty's Subjects, but was and is ſtill carried
on under the Direction and ſubject to the By-Laws of a new Set of Merchants,
ſtiled, The Committee of the Company of Merchants trading to Africa, and by an Act
of Parliament paſſed in the Year 1765. All the Britiſh Forts and Settlements
upon the Coaſt of Africa, lying between the Port of Sallee and Cape Rouge, to-
gether with all the Property, Eſtate, and Effects of the Company of Merchants
trading to Africa, in or upon the ſaid Forts, Settlements, and their Dependen-
cies, are veſted in his Majeſty King George III. and other Regulations are made,
for ſecuring, extending, and improving the Trade to Africa, which has reſtored
it to a flouriſhing State ; and an annual Grant is made by Parliament of from
13,000l. to 15,000l. for repairing and maintaining the Forts.
Our Exports for this Trade are Cloths, and other Woolens, Mullins, and ſome
other India Goods, Spices, Drugs, Tobacco, Sugar, dying Woods, Alum, Paper,
Steel, Iron, Lead, Toys, Mercery and Hard Ware, Ivory and Box Combs, Glaſs
Beads, &c.—And our Returns from thence are Slaves, Gum Senegal, Oſtrich
Feathers, Indigo, Gold Duſt, Dates, Damas Raiſins, Copper, Wax, Wool, Goat
Skins, Coral, bitter Almonds, &c. In which Deſcription I include the Parti-
çulars of that ſmall Branch of Trade we carry on from hence with Sallee, Tunis,
Tripoli, and Algiers.
I ſhall in the next Place give ſome Account of the Original of our Trade to
India, and of the firſt Inſtitution of a Company for carrying it on.
Of the Trade between Great-Britain and Aſia, more eſpecially that carried on bya
our Eaſt-India Company.
O
UR Knowledge of the Eaſt-Indies was early, and is very reaſonably ſuppoſed
to be derived to us from the Romans during their Settlement among us, though
it is not ſaid that any Commerce was attempted with thoſe Parts till the cele-
brated Alfred (who fo gloriouſly filled the Britiſh Throne) ſent, in 883, a favourite
Eccleſiaſtick, one Sighelmus, with Alms for the poor diſtreſſed Chriſtians of St.
Thomas and St. Bartholomew in the Indies; this we learn from the Saxon Annals,
and though an extraordinary Event, they alone would put it paft Doubt, had we
not the Confirmation
of it from William of Malmſbury, who writes, that the ſaid
Sighelmus left in the Treaſury of Sherburn Church in Dorſetſhire (of which on his
Return he was made Biſhop) ſome Jewels and Spices that he had brought with
him from Aſia.
This Voyage however was not foon repeated by any other, and it was ſtill later
before any Trade was ſettled from hence, the Venetians, as I have already mention-
ed in this Work, having ſupplied us always with the Aſiatick Commodities, till the
Eyes of our Merchants were opened to the Advantages which a direct Trade would
produce; they ſollicited the Protection of the Throne to their infant Engagements,

and
GREAT - BRITAIN, &c.
677
and after ſtruggling with many Difficulties and Oppoſitions from jarring Intereſts,
have at laſt happily brought the Company trading there, to be at leaſt ſecond, if
not ranked as a firſt, amongſt the moſt opulent Aſſociations in the World.
It is ſaid, that in the Year 1527, one Mr. Robert Thorne of London, then ſettled
at Seville in Spain, was the firit that ever recommended the eſtabliſhing an Eaſt-
India Trade from England, and added ſuch ſtrong Reaſons to his Propoſals (which
both Books and Experience had furniſhed him with) as would have been more
than ſufficient, in this enlightened Age, to have rendered his Schemes ſucceſsful;
but in that Dawn of commercial Knowledge, People were timorous of engaging
in ſuch a bold Undertaking as this then appeared to be, and conſequently the Aims
of this judicious Gentleman, for his country's Profperity, were rendered abortive
by the Pufillanimity of thoſe they were addreſſed to. And though many Engliſh
Ships, and more Engliſhmen (in foreign Bottoms) were ſucceſſively going there,
and by their Accounts made appear how eaſy an Eſtablishment of Factories, &c.
would be to their Countrymen in thoſe Parts, nothing was done in it till Queen
Elizabeth's Reign, when ſeveral great Men and eminent Merchants began to en-
tertain a Deſign of eſtabliſhing ſuch a Commerce. And in order to do it the more
ſecurely, they follicited her Majeſty for an excluſive Charter, which ſhe accord-
ingly granted them on the 31ſt of December, 1600, in the 43d Year of her Reign;
thereby conſtituting them a Body Corporate, by the Stile of The Governor and
Company of the Merchants of London, trading to the Eaſt-Indies, with a Common
Seal, and to be managed by a Governor and twenty Directors, yearly to be choſen,
on the 1ſt of July, or within ſix Days after. She likewiſe granted them the Pri-
vilege of making By-Laws, allowed them to export Goods Cuſtom free for four
Years, with a Permiffion alſo to carry out thirty thouſand Pounds (every Voyage)
of foreign Coin, provided they brought an equal Sum of fimilar Species into
theſe Kingdoms by their Trade.
This Charter was for fifteen Years, and her Majeſty engaged to grant no other
during that Terin; but this Ceſſion was with the Proviſo, that if within the ſaid
Space this Charter ſhould appear to be in any Reſpect detrimental to the Publick;
it ſhould, upon two Years Warning, under the Privy Seal, become void; but if
Experience ihould evince the contrary, and this new Corporation appear to be a
publick Benefit, then ſhe promiſes to renew their Charter, with ſuch additional
and favourable Clauſes, as ſhould be requiſite to promote the Advantage of the
Company and the Kingdom.
In Conſequence of this Charter, the Company loſt no Time in raiſing a joint
Stock for promoting their Deſign of carrying their Project immediately into Exe-
cution; in which they were ſo ſucceſsful, as ſoon to find themſelves Maſters of
ſeventy-two thouſand Pounds (no finall Sum at that Time) with which they de-
termined to commence their Trade, and gave Beginning to it by fitting out five
able Ships for the firſt Voyage; of which Squadron the Dragon (of fix hundred
Tons) was Admiral, the Hector (of three hundred Tons) Vice Admiral, the
Suſannah and Aſcenſon, of two hundred Tons each, and the Gueſt, a Store Ship,
ofan hundred and thirty Tons Burthen; the whole Complement of Men was
four hundred and twenty; the Expence of equipping them forty-five thouſand
Pounds; and the remaining twenty-ſeven thouſand Pounds of their Calh was ex-
pended in the Purchaſe of their Cargoes.
They ſailed from Torbay on the 2d of May, 1601, and continued their Voyage
to India, without any remarkable Accident; and the Admiral (Captain James
Lancaſter) there made a Treaty with the King of Achen, fent a Pinnace to the
Moluccas, and ſettled a Factory in the Iſland of Java, after which he returned
here in Safety, and brought good Profit with him.
The Death of Queen Elizabeth foon after made Way for King James's Acceſſion
to the Throne, in whom this Company found a powerful Protector, not only by
his countenancing their Proceedings, but by affording them all the Aſiſtance they
could defire, which, together with the Advantages relulting from the firſt Voyage,
animated them to freſh Engagements; and they fitted out a fecond Squadron of
four Ships, under the Command of Sir Henry Middleton, which proceeded in 1604
for the Moluccas and Java, where they were well received by all the Indian
5
Princes,
678
GENERAL COMMERCE OF THE WORLD.
Princes, though their Treatment from the Dutch was very indifferent, who, had
they retained any Gratitude, it muſt have made them rather careſs than ill uſe
their quondam Preſervers; but, jealous of a Rival in this beneficial Trade, they loſt
all Remembrance of their Obligations, and opprobriouſly traduced the Engliſh to
the Natives, by miſrepreſenting them as a cruel, unjuſt, and ambitious People,
whoſe Intentions were not to trade fairly with them, but to ſeize their Country,
and forcibly take from them what they liked; however, this infidious Behaviour
had not all the Effect our Batavian Neighbours intended, as the King of Ternate
expreſſed a Regard for our Countrymen in his Letter to King James, notwithſtand-
ing the Dutch (as he therein informs his Britiſh Majeſty) had uſed their utmoſt
Endeavours to alienate his Eſteem, and deſtroy the good Opinion which both he
and his Subjects had entertained for the Engliſh, ever ſince Sir Francis Drake had
viſited their Iſland.
In 1607 the Company undertook a third Voyage with three Ships only, which
they ſucceſsfully performed, eſpecially in the Moluccas; and though the Dutch
repeated their ill Uſage, yet they could not hinder theſe Ships from procuring a
valuable Cargo of Spice, which they brought fafely to the Downs, May 10, 1610,
with this remarkable Inſtance of Providence, that in this whole Voyage, out and
home, they had not loſt a ſingle Man. In this Squadron Captain William Hawkins
embarked, to whom was given the Title of the King's Ambaſſador to the Great
Mogul, by whom he was very kindly received, and had the good Fortune, by his
prudent Addreſs and Management, to ſettle a friendly Correſpondence between
the two Courts.
His Majeſty King James, in the Month of May, 1609, was pleaſed to enlarge
the Company's Charter in the Manner they had requeſted; and not only ſo, but
he made it perpetual, which gave them ſuch freſh Spirits, that they built a Ship
of one thouſand two hundred Tons Burthen; which I mention, as this was the
firſt Marine Conſtruction of any large Dimenſions in England; it having been
cuſtomary till then, to build or purchaſe all great Ships from the Hanfe Towns ;
and being ſo extraordinary a Thing, the King, Prince of Wales, and moſt of the
chief Nobility, went down to Deptford, to dine aboard her, and were entertained
all in China.
I might here enter into a Detail of the Company's Progreſſion in their Trade,
Settlements, and Conteſts with the Dutch and Portugueſe, till I brought my Rea-
der to that unparalleled Scene of Barbarity perpetrated by the former at Amboyna;
but my propoſed Limits in this work ſhortens apace, ſo that I muſt pafs over the
Company's Affairs during the Remainder of King James and King Charles the
Firſt's Reign, as the Troubles of thoſe Times produced but very little of Conſe-
quence in them; and though under the Uſurper, their Trade was on the Recove-
ry, as eight hundred thouſand Pounds were ſubſcribed towards carrying it on, yet
before any great Progreſs could be made in a Diſpoſition to employ this Fund,
the Government underwent a happy Change, and the Conſtitution was reſtored,
with King Charles II. to his Kingdoms.
It was one of the earlieſt of his Majeſty's Acts, to revive and ſettle the Trade
of the Eaſt-India Company, which he effected by granting them a new Charter,
dated the 3d of April, 1661, confirming thereby not only their former Privileges,
but making conſiderable Additions to them; he enlarged the Quantity of Bullion
they before had Liberty to export each Voyage to 50,000l. though with the for-
mer Proviſo, that their Trade ſhould introduce an Equivalent, in that or foreign
Specie; their excluſive Trade was confirmed, and he gave them a Power to licenſe
others to traffick in the Indies; but this Charter ſtill retained the Condition of the
firſt, that it ſhould be vacated upon three Years Notice, if it was found to be de-
trimental to the Nation.
His Majeſty, in his Marriage Treaty with the Infanta of Portugal, had it ftipu-
lated, that the Iſland of Bombay ſhould be ceded him as a part of her Portion, and
after his having built a Fort there, he made it over to the Company in Fee-Tail,
who have remained Maſters of it ever ſince; beſides which Favour, he granted
them two new Charters in the 28th and 35th Years of his Reign. But they hav-
ing been put to great Expences, by the Intrigues and Violence of the Dutch in
the


G R É A T-BRITAIN, &c.
677
the latter Part of it, and this cunning People having found Means to foften that
Prince's Refentments, the Company's Trade languiſhed till King James II.’sAc-
ceflion to the Throne, who proved a powerful Protector, and granted them greater
Privileges than they knew how rightly or advantageouſly to uſe, otherwiſe they
might have increaſed their Commerce, as they are now placed on ſo good a
Footing both at home and abroad; but this proſperous Condition was reſerved
as a Reward for a more prudent Set of People afterwards.
King William and Queen Mary granted a new Charter to the Company, dated
the 7th of October, 1693, wherein their former Charters were confirmed; and
another of Regulations was granted by their Majeſties on the 10th of November
following; by which new Grants they were enabled to take in a freſh Subſcription
for ſeven hundred and forty-four thouſand Pounds, and tied down to make
publick Sales by Inch of Candle; to export yearly of the Manufactures of this
Kingdom, to the Value of one hundred thouſand Pounds; and annually to fur-
niſh the Crown with five hundred Tons of the beſt Salt-Petre at the Rate of
thirty-eight Pounds ten Shillings per Ton in Time of Peace, and at forty-five
Pounds per Ton in Time of War: They were alſo directed to make no Divi-
dend on their Stocks but in Money only. This Charter was to continue in Force
for twenty-one Years, provided the Governor and Company complied exactly
with the Rules therein preſcribed, and likewiſe with ſuch other Orders, Direc-
tions, Additions, Qualifications, and Reſtrictions, as their Majeſties, by and
with the Advice of their Privy-Council, ſhould think fit to appoint, on or before
the 29th of September, 1694, otherwiſe all their Power and Privileges might be
determined and taken away by Letters of Revocation.
And in Purſuance of this Proviſo, another Charter of Regulations was granted to
the ſaid Company under the great Seal of England, on the 28th of September, 1694,
in the ſixth Year of their Majeſties Reign; preſcribing, among other things, that in
the Month of Auguſt, yearly, the Governor and Company ſhould preſent to the
Privy-Council,a true Account, fairlywritten, under the Governor and Deputy-Go-
vernor's Hand, of the Nature, Quantity, Value, and Prime-Coſt of the Manu-
factures of this Company by them exported, and from what Place; and this
the Oaths of the proper Officers and Servants of the Company. And it was fur-
ther ordered, that none of theſe Goods ſhould be again landed in England, or car-
ried elſewhere, than within the Limits of the Company's Charter. It was like-
wife directed, that on the Application in Writing of any fix or more of the Pro-
prietors, pofſeffing each one thouſand Pounds Capital Stock, demanding a general
Court of the ſaid Company to be called, the Governor or Deputy-Governor
ſhould be obliged within eight Days to call ſuch Court; and that it ſhould not be
adjourned, but by the Conſent of the Majority of the Proprietors then aſſembled:
And the Company were required to ſignify their Acceptance of, and Submiſſion
to, theſe and other Reſtrictions, under Penalty of its being diſſolved.
But though theſe Charters and Regulations ſeemed fully to confirm, at the ſame
Time that they enlarged the Company's Privilege and Power, yet they proved but
a Prelude to the Diffolution of both; as their Rights were conteſted by a Set of
Interlopers, under a Pretence that the Crown could not grant anexcluſive Charter,
and the Government's Wants inclining the Miniſtry to liſten to the Offers of a
Loan from other Hands, though on Terms they ought to have rejected, haſtened
the Deſtruction of an Aſſociation ſeemingly ſo firmly eſtabliſhed, to the Ruin of
many thouſands, who had embarked in it, under the Sanction of the Crown:
For this new Set of People, who were willing to advance their Money, though
intimidated from doing it without a better Surety than what had hitherto been
eſteemed, I mean the King's Prerogative, at laſt agreed with the Miniſtry to lend , and 10 Will.
them two Millions under a parliamentary Security (at an Intereſt of 8 per Cent.) II. Cap. 44.
and an Act to incorporate them, which paſſed in 1698; ſo that hereby two Com-S. 46, and
Seq.
panies trading to the Eaſt-Indies were eſtabliſhed, and ſubſiſted at the ſame Time.
This A&t was not obtained, however, without a ſtrong Oppoſition from the old
Company, who followed the Bill into the Houſe of Lords; but had the Mortifica-
tion to ſee it paſs, under the Suppoſition of its being for the Publick's Advantage.
And this Occurrence reduced them to the Neceflity of endeavouring an Accom-
8 K
modation


and this upon



GENERAL COMMERCE OF THE WORLD.
678
17. S. 1.
S. 3:
modation with their new Rival, which being for the common Benefit of botłi;
was ſettled under ſeveral Articles; and amongſt them, that a joint Trade ſhould
be, for ſeven Years, carried on, though with different Stocks and ſeparate Servants,
who ſometimes acted jointly, and at others governed alternatively, under the Di-
rection of their own Maſters. But this double-headed Government being found
inconvenient, and the ſeven Years ſpun out, it was mutually agreed by the two
Companies to form themſelves into one, which they accordingly did in 1705,
though they could not bring their Factors at all Places into the fame Union till
three or four Years after, nor carry on their Buſineſs with the Advantages they had
Reaſon to hope, unaſſiſted by the Miniſtry, whoſe Attention was now folely en-
groſſed by the foreign Wars we were then engaged in, and the Company left to
take Care of itſelf, by finding out ſome Means to obtain ſuch favourable Regula-
tions, as might effectually remedy the Inconveniences that had reſulted from the
uniting two Companies, before to differing in their Intereſts. And, in Order to
obtain ſuch a Law as was requiſite for this Purpoſe, they tempted the Govern-
6 Ann. Cap. ment by a tendered Loan of a Million and two hundred thouſand Pounds, extra of
what was before ſent, to grant them ſuch Parliamentary Aſſiſtance towards carry-
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 Eaſt Indies:
It likewiſe enacted, that this Company ſhall pay into the Exchequer 1,200,000l.
S. 2. That they may borrow by their common Seal on their united Stock, ſo as the
principal Money owing do not exceed 1,500,000l. above what might lawfully
have been borrowed before this Act.
In Caſe the general Court of the ſaid Engliſh Company ſhallthink fit, they may
call in Monies from their Adventurers, towards raiſing the ſaid 1,200,00ol or the
repaying the Money borrowed to that Purpoſe; and in Caſe any Member ſhallne-
glect to pay his Share of the Monies called in, or which the ſaid Companies, in
Purſuance of 9 W. III. Cap. 44. or their Charters, ſhall call in for carrying on
their Trade (by Notice fixed on the Royal Exchange, London) the Companies
may ſtop the Dividends payable to ſuch Member, and apply the ſame towards
ſuch Payment, and alſo ſtop the Transfers of the Shares of ſuch Defaulter, and
charge him with Intereſt at 6 per Cent. for the Monies neglected to be paid; and
if the principal and Intereſt be not paid in three Months, the Company may fell
ſo much of the Stock of the Defaulter as will pay the ſame.
The faid 1,200,000l, ſhall be deemed an Addition to the Stock of the Engliſh
Company and be Tax free.
The united Stock of the ſaid Engliſh Company ſhall be ſubject to the Debts
contracted by the faid Company.
The Proviſo in 9 W. III. Cap. 44. and in the Charters of the ſaid Company
for Reduction upon three Years Notice, upon Repayment of the 2,000,oool. paid
in, and the Arrears of the Payments at 8 per Cent, is repealed.
Perſons intitled to 72001. Part of the 2,000,0001.who havenot united their Stock
to the Corporation's, and who carry on a Trade for their ſeparate Uſe, may hold
their Proportion of the Annuity, as if this Act had not been made. But the
Engliſh Company may affix notice on the Royal Exchange, of their Intention to
repay 72001. at the End of three Years; and in Caſe the Company pay the ſame,
and the Annuities at 8 per Cent. for the ſame, then the ſaid Stock of 7200l. and
Trade, ſhall be veſted in the Company,
Beſides the above Particulars, many others were enacted, concerning their Stock
and Payment of Cuſtoms, &c. by the Acts already mentioned, and ſeveral ſucceed-
şi Geo. I. ing ones; and as it was found in the Beginning of King George the Firſt's Reign,
C.21. that ſeveral Attempts had been made to diſcover the Secrets of the Company's
Trade, for the Information and Advantage of Foreigners, a Law was obtained to
prevent and remedy this miſchievous Intent, and alſo to deſtroy the interloping
Trade, by inflicting the ſubſequent Puniſhment, on the Infringers or Violators of it.
If any of his Majeſty's Subjects ſhall repair to, or be in, the Eaſt-Indies, or ſuch
Places of Aſia, Africa, and America, beyond the Cape of Bona Eſperanza, to the
Straits of Magellan, where any Trade of Merchandiſe may be had, contrary to
the Laws in being, every Perſon, ſo offending, ſhall be liable to ſuch Puniſhment
as by any Law in being may be inflicted for ſuch an Offence,
S. 4
$.5
S. 6.
$.7.
S.I.
It

G RE À T - BRITAIN, &c.
679
7 Geo. I.
It ſhall be lawful for the united Company of Merchants of England trading io s. 2.
the Eaſt-Indies, and their Succeſſors, to arreſt fuch Perſons within the Limits
aforeſaid, and ſend them to England to anſwer for their faid Offence.
Every Perſon who ſhall ſollicit for, obtain, or act under any Commiilion from
any foreign State, to fail, or trade to the Eaſt-Indies, &c. ſhall forfeit 500l.
If any of his Majeſty's Subjects ſhall repair or trade to the Eaſt-Indies, or Places
beyond the Cape of Good-Hope, mentioned in former Acts, contrary to any Law in 6. 21. S.1.
being, it ſhall be lawful for the Attorney General, or for the United Company
trading to the Eaſt-Indies, within fix Years, to file in any of the Courts at Weſt-
minſter, Informations againſt ſuch Offenders. And, if found guilty, the Court
ſhall give Judgement againſt him, by Fine and Impriſonment, as it ſhall think fit,
and award the Proſecutor Coſts; but if the Defendant is acquitted the Company
Thall pay him Coſts.
All Contracts made by any of his Majeſty's Subjects, or in Truſt for them, on s. 2.
the Loan of Monies by. Way of Bottomry, on any Ship in the Service of Foreign-
ers, and bound to the Eaft-Indies, &c. and all Contracts for fupplying any fuch
Ship with Goods or Proviſions, and all Copartnerſhips relating to any
ſuch Voy-
age, and Agreements for the Wages of Perſons-ſerving on board any ſuch Ships,
ſhall be void.
Every Subject of his Majeſty who ſhall go to the Eaſt-Indies, &c.contrary to the s. 3
Laws in being ſhall be deemed to have traded there ; and all the Goods there pur-
chaſed by any ſuch Offender, or found in his Cuſtody, or in the Cuſtody of any
other in Truſt for him by his Order, ſhall be forfeited, and double the Value.
All Goods ſhipped on board any Ship bound for the Eaft-Indies, &c. (except S. 4:
Goods of the Company, or ſuch as are licenſed by them, and the Stores for ſuch
Ship) and all Goods taken out of ſuch Ship on her Voyage homeward before her
Arrival, ſhall be forfeited, and double the Value; and the Maſter, or other Officer,
knowingly permitting ſuch Goods to be ſhipped, or taken out of fuch Ship, ſhall
forfeit for every Offence 1oool. and ſhall not be entitled to any Wages; nor ſhall
the Company be obliged to pay any Wages to ſuch Maſter, &c. but thall have an
Allowance in Reſpect thereof, out of the Monies payable on Accountof the Ship.
It ſhall be lawful for the Attorney General, at the Relation of the Company, or S. 5.
by his own Authority, to exhibit Bills of Complaint in the Exchequer againſt any
Perſons trading to or from the Eaſt-Indies, &c. contrary to Law, for Diſcovery of
ſuch their Trading, &c.and for Recovery of the Duties and Damages herein men-
tioned, waving in ſuch Bills all Penalties for the Matters in ſuch Bill contained ;
and fuch Perſons ſhall pay to his Majeſty the Cuſtoms of the Goods ariſing by the
ſaid unlawful Trade, and ſhall anſwer to the Company 30l. per Cent, according to
the Value thereof in England, and if ſuch Offenders pay the Cuſtoms into his
"Majeſty's Exchequer, and Damages to the Company, they ſhall not be proſe-
cuted on any other Law for the ſame Offence : And if ſuch Bills (if exhibited at
the Relation of the Company) be diſmiſſed, the Company ſhall pay full Coſts; and
if a Decree be obtained againſt the Defendants, they ſhall pay Coſts to his Majeſty
and the Relator, & c... DIT SIT A
If any Subject of his Majeſty. fhall contribute to, or encourage the eſtabliſhing 9 Geo. I. C.
or carrying on any foreign Company trading to the Eaſt-Indies, and other Places
beyond the Cape of Good Hope, deſcribed in former Ačts, or ſhall be intereſted in
the Stock or Actions of ſuch foreign Company, every Perſon ſo offending ſhall
forfeit his Share in the Stock of any ſuch Company, together with treble the Va-
lue thereof, &c.
103:
3. If any Subject of his Majeſty ſhall have accepted of any Truſt, or ſhall know of s. 4.
any Intereſt which any of his Majeſty's Subjects ſhall have in any ſuch foreign
Company, and ſhall not within ſix Months diſcover the fame in Writing to the
sünited Company, or their Court of Directors, he ſhall forfeit treble the Value of
the Intereſt, &c.
Tori o nortons ud oitovi
bara
Every Perſon, who within the Time above limited fhall voluntarily come to the s. s.
Court of Directors, andmake a Diſcovery in Writing, of the Intereſt of any of his
Majeſty's Subjects in the Stock of ſuch foreign Company, fall have one half of
.oi botas sin satis
the
26. S. 1.
tot 3
GENERAL COMMERCE OF THE WORLD.
Geo. F. C.
S.S.
S. 6,
Corporate by the Name of The united Company of Merchants of England trading to
the clear Amount of the Forfeitures ariſing by this Act out of the Eſtate of the
Perſons ſo intereſted, &c.
S. 6. If any of his Majeſty's Subjects (other than fuchas are lawfully authoriſed) fhall
go to or be found in the Eaſt-Indies, the Perſons ſo offending are declared to be
guilty of a high Crime and Miſdemeanour, and may be proſecuted in any Court of
Weſtminſter; and being convicted, ſhall be liable to ſuch corporal Puniſhment, Im-
priſonment or Fine, as the Court ſhall think fit, &c.
Perſons ſo offending may be ſeized and brought to England, and any Juſtice of
36. S. 7. Peace may commit them to the next County Goal, till Security be given by natural
born Subjects, to appear in the Court where ſuch Proſecution shall be commen-
ced, and not to depart out of Court, or out of the Kingdom, without Leave of
the ſaid Court.
The following Acts principally regard the Company's Stock, with which I
ſhall finiſh the Subject of their Eſtabliſhments and Polity, and then proceed to
fay ſomething of their Trade.
The Annuityof 160,000). ſhall be reduced to 128,000l, in Reſpect of the Capi-
3 G80. II. C.
34. S. 4. tal Stock of 3,200,000l, which reduced Annuity ſhall be charged on the fame Re-
venues as their preſent Annuity, &c.
On one Year's Notice to be given by Parliament after the 25th of March, 1736,
and on Repayment of the Capital Stock of 3,200,000l. and of all Arrears of their
reduced Annuity, their faid Annuity ſhall ceaſe.
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 leſs than 500,000l.in Part
of the Capital Stock, and on Payment of all Arrears, due on their reduced An-
nuity; ſo much of the ſaid Annuity, as fhall bear Proportion to the Monies paid
in Part, fhall ceaſe.
S. 7. Notwithſtanding fuch Redemption, the united Company fhall continue a Body
the Eaſt-Indies, and enjoy all Privileges which by former Acts or Charters founded
thereon, the Company might enjoy.
After Redemption of the ſaid 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. ſhall qualify Members to be Directors, or to give Votes
in any general Court.
S.9. Notwithſtanding ſuch Redemption, the Company ſhall, fubject to the Proviſo
of Determination herein contained, enjoy the ſole Trade to the Eaſt-Indies, and all
Places between the Cape of Good-Hope and the Straits of Magellan; and if any
Subjects, other than Factors, &c. of the Company, ſhall fail or adventure to
the Eaſt-Indies, &c. every ſuch Offender ſhall incur the Loſs of all Ships employed
in ſuch Trade, &c. with the Guns, and Furniture, and the Goods laden there
on, and double the Value thereof, &c.
The ſaid Company ſhall have Powers, by any Acts or Charters granted to the
Company, not altered by this Act, diſcharged from all Proviſoes of Redemption
therein contained, for ſecuring to them the ſole Trade to the Eaſt-Indies, and for
ſecuring their Effects, 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 3,200,000l.
and all Arrears of Annuities payable in Reſpect thereof, the Right of the Company
to the ſole Trade to the Eaſt-Indies, &c. Ihall ceaſe.
S. 12. Nothing in the above Proviſo, or in the Charter of the 5th Sept. 10 Will. III.
ſhall extend to determine the Corporation of the united Company, or to exclude
them from carrying on a free Trade to the Eaſt-Indies
, &c. with their Joint Stock,
&c. in common with other Subjects of his Majeſty.
Any Notice in Writing, ſignified by the Speaker of the Houſe of Commons,
ſhall be deemed proper Notice by Parliament to the Company.
S.14. The united Company are reſtrained from purchaſing Hereditaments in Great-
Britain, exceeding in the whole the yearly Value of 10,000).
5.15. Nothing in this Ad ſhall prejudice fuch Trade or Navigation within the ſaid
Limits, as the South Sea Company are entitled to.
Nothing

$.8.
S, 10.
S. IL
S. 13.
2

GRE A T-BRITAIN, &c.
681
into thoſe Seas.
P. 363.
Nothing herein ſhall ſubject the Governor and Company of the Merchants of S. 16.
England, trading to the Levant Seas, to any Penalties in Reſpect of their trading
The reduced Annuity of 128,000l. ſhall be transferred from the Duties now 3 Geo. II. C.
charged, and be charged upon the aggregate Fund, to be paid to the united 20. S. 22.
Company, &c.
Whereas the ſaid united Company of Merchants trading to the Eaſt-Indies, are 17. Geo. II.
willing to advance towards the Supply granted for the Service of the Year 1744, a
Million Sterling, for the Purchaſe of an Annuity of 30,000l. well ſecured to the
faid Company, and repayable on the ſaid Terms with the Company's preſent Capital,
with an Addition of fourteen Years to their preſent Term, which will, with ſuch
Addition, extend to Lady-Day, 1780, beſides the three Years allowed them after
the Expiration of their preſent Term, for bringing home, and diſpoſing of their
Effects, and other Purpoſes ; with Power to the Company to iſſue out Bonds
from Time to Time, for any Part, or the whole Amount of the ſaid Million
Sterling, and on ſuch other Conditions, &c. as are herein after made: It is
therefore enacted, that the ſaid united Company of Merchants of England, trading
to the Eaſt-Indies, in Purſuance of their before recited Agreement, ſhall advance
into the Exchequer, for his Majeſty's Uſe, the full Sum of one Million, on or
before the 29th of September, 1744, &c.
And to encourage the Company to advance the ſaid Million, &c. it is hereby 17 Geo. If.
enacted, that the Proviſoes contained in the 3d of Geo. II. and all other Proviſoes P. 365.
contained in any other Acts, for determining the Annuity of the Company, and
their Right to the excluſive Trade to the Eaſt-Indies, and Parts aforeſaid, upon
the Reſpective Notices and Payments in the fame Acts mentioned, are hereby re-
pealed and made void; and the ſaid Company ſhall for ever enjoy, not only their
preſent entire Annuity of 128,000l, out of the Revenue charged therewith, but
alſo after the ſaid 29th of September, 1744, they ſhall enjoy a further Annuity of
30,000l. computed after the Rate of 3 per Cent, per Ann. &c.
The Eaſt-India Company under their common Seal may borrow Money equi- P. 366, 369.
valent to the Million raiſed for his Majeſty's Uſe, over and above the Money
which might lawfully be borrowed thereon before making of this Act.
At any Time on a Year's Notice to be given by Parliament, after the 25th of P. 368.
March, 1745, on the Expiration of the ſaid Year, and on Repayment of the
3,200,000l. formerly advanced, and of the 1,000,000l. now to be advanced,
without any Deduction, and on the Payment of all Arrears of the ſaid Annuities
of 128,000l. and 30,00ol, then the ſaid Annuity ſhall ceaſe.
On a Year's Notice
at any Time after the ſaid 25th of March, 1745, to be given
by Parliament on the Expiration of the ſaid Year, and on Repayment of any
Sum
not leſs than 500,000l. in Part of the ſaid Debt of 4,200,000l. and on Payment of P. 369.
all Arrears, &c. then
ſo much of the ſaid Annuities as ſhall bear Proportion to the
feveral Şunis paid in Part, ſhall, from Time to Time, as ſuch Payments are made,
fink and be abated, till their whole Annuities ſhall be entirely funk and determined.
Notwithſtanding ſuch Redemption of the Annuities of 128,000l, and 30,000l.
the faid Company Thall (ſubject to the Proviſo of Determination, herein after
contained) enjoy an excluſive Traffickto and from the Eaſt-Indies, and all Places
between the Cape of Good-Hope, and Straits of Magellan, and Limits pre-
ſcribed in the A& of 9 Will. III. &c. in as ample a Manner as the ſaid Company
could thereby or otherwiſe lawfully trade thereto; And the ſaid Eaſt-Indies, or
Places within the Limits aforeſaid, ſhall not be reſorted to by any other Subjects,
before the excluſive Trade of the India Company is determined: And if any other
his Majeſty's Subjects ſhall preſume to trade thither during the Continuance of P. 370.
the excluſive Trade of the India Company, they ſhall forfeit their Ships, with
their Guns and Furniture belonging, with all their Lading and double the
Value, &c.
The faid India Company ſhall hereafter for ever (ſubject as aforeſaid) enjoy all
the Profits and Powers, as by any former Acts of Parliament or Charters founded
thereon are enacted and eſtabliſhed concerning them, under any particular Deno-
mination, and not altered by this Act; and the fame are hereby confirmed, and
8 L
ſhall
P. 371.

682
GENERAL COMMERCE OF THE WORLD.
P. 372
fhall continue to be enjoyed and practiſed by the ſaid Company, for the better
ſecuring to them the ſole and excluſive Trade to the Eaft-Indies, &c. and for
preventing all other his Majeſty's Subjects trading thither, and for ſecuring
their Effects and governing their Affairs in all Reſpects, as effectually as if the
fame things were ſeverally repeated in the Body of this Act; ſubject neverthelefs
to ſuch Reſtrictions and Covenants as are contained in the ſaid Acts and Letters
Patent now in Force, and not hereby altered ; and to the Proviſo following, viz.
Provided that on three Years Notice to be given by Parliament, after March
25, 1780, and Repayment of the Capital Stock of 4,200,000l
. and all Arrears of
Annuity in Reſpect thereof, the Company's Right to the ſole and excluſive Trade
to the Eaſt-Indies and Parts aforeſaid, ſhall ceaſe and determine, &c.
The Intereſt was afterwards reduced to 31 and 3 per Cent, by 23 Geo. II. when
the Annuities payable to the Bank, South-Sea Company, &c. were put on the ſame
Footing. And the preceding Acts in the Company's Favour, have had ſo good an
İnfluence on their Affairs, as to raiſe them from a very drooping to a flouriſhing
Condition, and place them on a Level with, if not raiſed them to a Proſperity
above, that of our envious Neighbours.
The Company's Settlements and Places they trade to in Perfia and India are
many, as Gombroon, where a Factory was eſtabliſhed about the Year 1613, which
continued to govern the whole Trade (in Reſpect of the Company) in Perſia, till
the Diſorders in that Country obliged the Factors to decamp, to the no ſmall
Detriment of the Company's Trade, who carried on a very great one to this
Port.
Mocha, ſituated at the Entrance of the Red Sea, is a Place where the Engliſh are
well received, and carry on a very confiderable Commerce in Coffee, &c. as they
do in all the adjacent Parts of Arabia, though with the Riſk of being ſometimes
oppreſſed by the unjuſt Proceedings, of the reigning Princes, and expoſed to the
piratical Depredations of thoſe Parts,
Our Factories, Forts, and Settlements, on the Indian Coaſt, are at Baroach,
Swally, Surat, Bombay, Dabul, Carwar, Tellecbery, Anjengo, and Conymere, all
along the Coaſt of Malabar; and turning up to thoſe of Coromandel, we meet
with Fort St. George, the Principal of our Indian Poffeffions.
The Engliſh formerly had a Settlement at Matchulipatam, Narhpore, and ſeveral
other Places to the Northward on this Coaſt, but were obliged to quit them by
the Interruption they received to their Trade from the Rajahs Impoſitions,
Round Carrango Point, in the Bay of that Name,lies Angerang, where fome Eng-
liſh from Vizagapatam ſettled in the Year 1708, but the Factory ſoon withdrew,
and thereby defeated the projected Scheme of extending their Trade that Way;
Vizagapatam however continues fortified, and the Engliſh their Reſidence there;
theſe Places lie in the Kingdom of Golconda, and the next to it is that of Orixa,
in which is the Town of Balaſore, where the Engliſh, French, and Dutch,
have their reſpective Factories, though of very ſmall Importance; Pipley, about
five Leagues from it, had once a Settlement, but was deſerted for the more
commodious Situation of Hughly and Calcutta; ſeveral Trading Towns are
diſperſed on this Coaſt, but the Company's chief Factory here is that at Fort
William, a Fort belonging to Calcutta, ſituated on the River Hughly, the moſt weſt-
erly Branch of the Ganges. The Fort itſelf is ſaid to be irregular, and untenable
againſt diſciplined Troops; but it contains commodious Houſes for the Gover-
nor and other ſuperior Servants of the Eaſt-India Company. As to the Town
of Culcutta, it is, to all Intents and Purpoſes, an eſtablished Settlement, under an
Engliſh civil Government, having a Mayor and Aldermen, upon the Footing of
our corporate Cities, and lately a fupreme Court of Judicature has been intro-
duced, and Judges nominated by the King, in Virtue of an Ad of Parliament for
the better Adminiſtration of Juſtice in the Company's Settlements in India, were
ſent out, but from the Complaints lately exhibited againſt their Proceedings, it
ſhould ſeem as if this new Regulation will not be permanent.
The next Place on the Continent Southward is Merjee
, ſituated on the River
Tanacerin, and ſubject to the King of Siam, where fome Engliſh were formerly
ſettled as private Merchants, for which Reafon the old Company inſiſting on their
being
2
GREAT - BRITAIN, &c
683
being turned away, and ſome Miſunderſtandings ariGing between their Meffenger
and the Natives on this Occaſion, ſeventy-fix of our Countrymen were maſſacred;
though the Affairs of the Company having ſince their Union been more prudently
managed, and all Things carried on with the greateſt Regularity, a proper Provi-
fion is made for the Trade of the whole Gulf from the Ganges' Mouth to the
Extremity of the Peninſula of Malaca, without any extraordinary Expence of
new Colonies.
Our Factories of Mocho, Bantal, Cattoun, Bencoolen, Marlborough Fort, and
Sillebar, on the Illand of Sumatra, are ſo well eſtabliſhed as to afford Room to ſup.
poſe we enjoy the beſt Share in the Traffick of it; and we had formerly fome Set-
tlements on the Coaſts of Cochin-China, and in the Kingdom of Tonquin, though
they have been ſince withdrawn; but an occaſional Trade is ſtill carried on there,
more eſpecially to the Kingdom laſt mentioned.
Our Trade to China was once principally carried on at Amoy, but for many
Years paſt Canton has had the Preference, and ſeems to have determined the
Gentlemen at Madraſs entirely in its Favour, as the Impoſitions of the Nanda-
reens at the former became intolerable, and forced them to reſolve on turning
their Commerce into this different Channel.
I might greatly enlarge on this Trade, and ſwell the few Sheets I have dedicated
to it into a Volume; but I am forced to remember my preſcribed Limits, ſo ſhall
only add an Account of the Particulars made Uſe of for the Support of this im-
portant and extenſive Commerce.
The Company's Exports from hence are chiefly Bullion, of which the Pro-
portion with the other Particulars of an outward-bound Cargo, I believe, is
commonly from to Parts; the others conſiſting of Lead, Iron, Guns,
Powder, Match, Cloths of various Colours, Serges, and other Stuffs, Cochineal,
Quickſilver, Vermillion, rough Coral, Amber, &c.
And the Returns are, Pepper, Coffee, Tea, Incenſe, Salpetre, Terra Japonica,
three Sorts of Lack, Indigo, Myrrh, Bezoar, Opoponax, Vitriol, Camphire, China
Root, Sal Ammoniac, divers Gúms, and Aloes, Galbanum, Galangals, Sagapenum,
Rhubarb, Senna, Mirabolans, Indian Leaf, and many other Sorts of Drugs, Cow-
ries, Red-Wood, Sandal, Cane, Tutenack, raw and wrought Silk, Calicoes (white
and painted) Muſlins, Cotton Wool, and manufactured into a great Variety of
Things for Wear, China, Japanned Cabinets, &c. Arrack, Diamonds, Pearls, and
many Curioſities, unneceſſary to be numerated here; fo I ſhall cloſe this Dif-
courſe on our Indian Trade, with my ſincereſt Wiſhes for its conſtant Profpe-
rity, as (notwithſtanding the many ſpecious Arguments that have been uſed to
the contrary) I muſt conſider it a general Benefit to the Nation.
And, in Purſuance of my Plan, I now proceed to treat of our American Trade,
in which that granted to, and carried on by the South Sea Company, is firſt to
be conſidered; I ſhall therefore mention the Occaſion of its Original and ſhow
the Uſes they have from Time to Time made of their Charter.
TH
HIS Company, eſtabliſhed at the latter End of the ſeventeenth Century, was
ſeemingly more with a political View of raiſing Money for the Government's
Service than an Expectation of its carrying on any great Trade; as they had ne-
glected every preſenting Opportunity for attempting the Conqueſt of ſome Place in
the Southern Parts of America, which might have ſecured the Means of extending
a Commerce in which every Proſpect of Advantage muſt neceſſarily centre; but
this Omiſſion, and its Conſequences, had rendered the Company's Stock ſo low in
the Publick’s Eſteem, that it was at near 40 per cent. Diſcount, when an unex-
pected Accident raiſed it to ſuch an imaginary Value as ſeemed the Effect of an
Infatuation, only to be parallelled by the Misiſippi Scheme that preceded it.
The French Guinea Company had contracted with Philip V. King of Spain, on
his mounting the Throne of that Monarchy, for the Introduction of Slaves into
his American Dominions, and on this Agreement changed its former Name to that
of the Aſiento Lompany; and being ſuppoſed a very beneficial Contract, it was
an Article of the Treaty of Peace at Utrecht, that this Contract ſhould be tranf-
lated to the Engliſh, and was accordingly ſigned at the Court of Spain, in March




17.13,
684
GENERAL COMMERCE OF THE WORLD.
TH
1713, to continue thirty Years, under various Articles, which I excuſe giving,
as they are now vacated, and in all Probability will never be renewed. It was in
conſequence of this Contract that the Company eſtabliſhed Factories at Porto
Bello, Panama, Carthagena, Vera Cruz, Buenos Ayres, &c. which continued till
the late War diſlodged the Factors, and deſtroyed their Settlements.
The Company was obliged to furniſh the Spaniſh Colonies with four thouſand
eight hundred Negroes yearly, though they might introduce more if they thought
proper, and had Liberty to ſend an annual Ship of five hundred Tons, with Goods
to be diſpoſed of there, in which, as well as in the Negro Contract, his Catholick
Majeſty was a fourth Part concerned; but this Agreement found many Obſtacles
to its Performance, and occafioned divers Repreſentations to the Court of Spain
before it could be carried into Execution; in Conſequence of which, ſeveral
Articles were altered, and new ones added, previous to the performing any Part
of it; and indeed during the Time it continued, Miſunderſtandings and Diſputes
were continually ariſing, either about the Number of Negroes or Tonnage of the
Ship; and when the late Rupture happened, it found many Particulars unſettled,
and large Sums due from the Crown of Spain to the Company, which on the
Return of Peace were lumped at 100,000l.
Much more might, and indeed ſhould, have been ſaid about this Aſſociation ;
but as their Trade is terminated, it would be ſuperfluous to enlarge concerning it
in ſuch a Work as this: I therefore proceed, whilſt treating of America, to give
ſome Account
Of the Hudſon's Bay Company.
HAT Part of the World, which gave birth to this Company, owes its Diſco-
very, as the Engliſh ſuppoſe, to the Diligence of that able Mariner, whoſe
Name it bears, and who reaped no other Fruit of his Labours to diſcover a North
Weſt Paſſage, than thus conveying to Pofterity a Record of his Capacity and Dili-
gence, in which at laſt he periſhed. The Danes inſiſt
on their prior Knowledge of
this Part of America. But not to enter into a Detail of the Diſpute, nor enlarge on
the hiſtorical Accounts of it, I ſhall content myſelf with informing my Reader,
that though the Expectations of an advantageous Trade might reaſonably have
encouraged its being ſooner engaged in, yet it was the Year 1681 before any to-
lerable Progreſs was made in it; and on the 2d of May an excluſive Charter was
granted by King Charles II. (in the 32d Year of his Reign) to Prince Rupert and
his Aſſociates, which eſtabliſhed this Branch of Trade on the folid Footing it has
continued ever ſince; though not without various Interruptions by the French,
who, jealous of ſuch Neighbours to their Canada Settlements, have frequently driven
the Engliſh from their's; and this Conteſt, which continued ſeveral Years, made
them alternatively Maſters of the
Bay, till it was finally determined by the Treaty
of Utrecht in our Countrymen's Favour, who have now ſeveral Forts and Factors
ſettled there, notwithſtanding the extreme Cold, which is ſo intenſe as to confine
them for ſeven or eight Months in the Year to their Houſes; though they have
good Proviſions in this recluſe Life, with the Pleaſures of Hunting and Fiſhing in
Reverſion, to which in Summer-Time the Elements of Earth, Air, and Water,
contribute in ſuch Plenty as would be hardly credited under a leſs Authority
than that of many Eye-Witneſſes, who have affured us of it; though this
Country furniſhes nothing for the Support of Trade but Furs of various Sorts,
and Ilinglaſs, the latter made here by the Company's Servants from the Skins of
Fiſhes; but the former are ſo rich, and both ſo plenty, as to have raiſed the
Value of this Company's Funds above thoſe of any other.
The Commodities they truck with the Indians for their Furs, are Arms, Powder,
Balls, Kettles, Hatchets, Knives, Sword-Blades, Awls, Fiſh-Hooks, Steels, and
Flints, blue Serge Cloaks, Shirts, Stockings, Tobacco, coarſe Thread for Nets, and
ditto of divers Colours for Sewing, Glaſs Beads, Pins, Needles, &c.which, as I before
obſerved, procure fuch Returns as have greatly enriched the Proprietors of them.
And having mentioned the Settlements of our trading Companies, I ſhall in the
next Place treat of our American Colonies, of which we have the moſt extenſive
and Aouriſhing of any Potentate, the Spaniards only excepted; as, beſides our
Illes,



1
3

GREAT BRITAIN, &c.
689
Illes, we poffefs an uninterrupted Line of Sea Coaſt from the Gulf of Mexico,
Northward up to Hudſon's Bay: Florida being ceded to us by the Spaniards ;
and Canada, fubdued by the Britiſh Forces, being ceded to us by the French,
together with all the Country lying Eaſtward of the River Miſillippi, at the Treaty
concluded at Paris, 1763. We ſhall deſcribe our Settlements on this vaſt Con-
tinent, in Order, beginning with the ſouthernmoſt Province, which is
FLORIDA.
is
FL
LORID A lies to the Southward of Georgia, and between that and the
* Miſſippi River, for an extent of about 600 Miles. It is now divided into
two Provinces, Eaſt Florida, and Weſt Florida.
Eaſt Florida is bounded on the North by Georgia, or St. John's River, which
divides them; Eaſtwardly and Southwardly by the Gulf of Florida; and on the
North-Weſt, by the Country of the Creek Indians. The Soil is not ſo good as
that of Georgia, in general; but the Parts adjacent to Georgia being much like
it, may be improved to the fame Purpoſes. The Centre, or Cape, of Florida,
is a fandy Soil, but ſome good Settlements have been begun in it; and there is a
Proſpect of its becoming a flouriſhing Province, as Inhabitants flock to it from
various Parts of Europe.
The Exports from thence are as yet but ſmall, the Produce of the Trade with
the Indians being the Chief of what the Inhabitants have to ſpare : For before
the Country came into our Hands, it remained almoſt wholly uncultivated, and
no great Improvements can at preſent be expected. The Metropolis is St. Au-
guſtine, and the Number of Inhabitants, excluſive of the Troops garriſoned there,
computed about 2000. It may well be ſuppoſed, from its foutherly Situation,
that the Air and Climate is not more agreeable than Georgia; but its Produce,
navigable Rivers, and eſpecially its Situation with Reference to the
Spaniſh Do-
minions, will in Time render it an Important Acquiſition to Great-Britain.
Weſt Florida was ſeized upon by the French, who began a Settlement on it
at Penſacola, in 1720, and they enjoyed it till the before-mentioned Treaty of
1763, when it was ceded and formed into a Government by his Britannick Ma-
jeſty. It is bounded Eaſtwardly by Eaſt Florida ; Southwardly by the Gulf of
Mexico; Weſtwardly by the Miſſippi River, and the Lake of St. Pierre; and
Northwardly by the Country of the Chicketaws.
The principal Town is Penſacola; and as many of the French, who inhabited
here before the Treaty, have choſen to become Britiſh Subjects, for the Sake of
keeping their Eſtates, this Circumſtance will greatly contribute to the ſpeedy
Peopling this Province, eſpecially as the Soil of it is much preferable to the
Eaſtern Province; the Land being capable of producing all the valuable Com-
modities of Rice, Indigo, Wine, Oil, &c. in the greateſt Abundance. Its Si-
tuation for Trade is extremely good, as having the
great River Miſimppi for its
Weſtern Boundary. A very conſiderable Trade is already carried on with the
Indians, and great Quantities of Deer-ſkins and Furs exported. The French
Inhabitants here raiſe conſiderable Quantities of Rice, and build ſome Veſſels.
There are at preſent about 6ooo Inhabitants in this Province, which increaſe
very vaſt, it being much more healthy and inviting than Eaſt Florida; eſpecially
the Weſte Parts, on the Banks of the Mililippi, which are ſaid to be agreeable
enough to Engliſh Conſtitutions. By the Fortune of War, it is fallen into
the Hands of the Spaniards, in which Situation we muſt leave it, being
uncertain to whom it may belong at the next general Peace,

Of. GEORGIA.
but having long remained unſettled, the worthy Projectors of the Georgia
Eſtabliſhment fixed on this Spot as a proper one for their benevolent Intentions of
relieving the Diſtreſſes of their Fellow Creatures, and at the ſame Time to make
their Relief turn to a publick Advantage. It was with theſe generous ws,
8 M
that
686
GENERAL COMMERCE OF THE WORLD.
that a Set of Gentlemen follicited his late Majeſty King George II. for a Grant of
the uncultivated Lands afore-mentioned, with a free Conſent of the Carolinians,
to whom this Tract was rather a Burthen than a Benefit, and from whoſe Settle-
inent they expected to reap both Security and Advantage. His Majeſty, always
ready to promote the Good of his Subjects, was gracioully pleaſed to condeſcend
to their Requeſt, and by his Letters Patent, bearing Date the 9th of June, 1732,
did conſtitute the Petitioners a Corporation, by the Name of The Truſtees for
eſtabliſhing the Colony of Georgia in America; with Capacity to purchaſe and take
Lands, to ſue and be ſued, &c. with the reſtraining Clauſes, that no Member
of the ſaid Corporation ſhould have any Salary, Fee, Perquiſite, Benefit, or Profit
whatſoever, for acting therein, or ſhould have any Office, Place, or Employment
of Profit whatſoever under the ſaid Corporation, &c. They had likewiſe a Power
to make By-Laws, &c. And, amongſt other Things, there was granted to the ſaid
Corporation and their Succeſſors (under the Reſervations therein mentioned) ſeven
undivided Parts (the whole to be divided into eight equal Parts) of all thoſe Lands,
Countries, Territories, ſituate, lying, and being, in that Part of South Carolina,
in America, which lies from the northernmoſt Stream of a River there, called the
Savannah, along the Sea Coaſt to the Southward, unto the moſt Southern Stream
of a certain great other Water or River, called the tilatamahah ; and Weſtward
from the Head of the ſaid Rivers, reſpectively in direct Lines to the South Seas:
To have and to hold the ſame to them, &c. for ever, for the better Support of
the ſaid Colony, under the yearly Rent of four Shillings Proclamation Money of
South Carolina, for every hundred Acres of the ſaid Lands; for every of which the
ſaid Corporation ſhall grant, demiſe, plant, or ſettle; but not to commence until
ten Years after ſuch Grant, Demiſe, Planting, or Settling; and erected and created
the ſaid Lands, Countries, and Territories, into one independent and ſeparate Pro-
vince, by the Name of Georgia; and made the Inhabitants who ſhall reſide therein,
free, and not ſubject to any of the Laws, Orders, Statutes, or Conſtitutions of South
Carolina, except the Commander in Chief of the Militia; and authorized the ſaid
Corporation, for the Term of twenty-five Years from the Date of the ſaid Let-
ters Patent, to form and prepare Laws, Statutes, or Ordinances, for the Govern-
ment of the ſaid Colony not repugnant to the Laws and Statutes of England; to
be preſented under their common Seal to his Majeity in Council, for his Appro-
bation or Diſallowance; and that the ſaid Laws ſo approved of, ſhould be in full
Force and Virtue within the ſaid Province. The Council for the Time being of
the faid Corporation were likewiſe impowered to apply their Money, make con-
tracts, &c. to appoint Officers and Servants, removeable at Pleaſure; that they might
tranſport and convey into the ſaid Province ſuch of his Majeſty's Subjects and fo-
reigners, as are willing to go and inhabit there; and declared all Perſons born within
the ſaid Province, and their Poſterity, to be free Denizens, as if they had been born
in any of his Majeſty's Dominions. The ſaid Corporation had likewiſe Power to
aſſign, transfer, and ſet over, ſuch particular Portions of the ſaid Lands, Tene-
ments, and Hereditaments, unto ſuch of his Majeſty's Subjects and others, willing
to live in the ſaid Colony, upon ſuch Terms, and for ſuch Eſtates, and upon ſuch
Rents, Reſervations, and Conditions, as the ſame might lawfully be granted, and
as to the ſaid Common Council ſhould ſeem fit and proper ; provided no Grant
ſhould be made of any Part of the ſaid Lands, unto, or in Truſt for, or for the
Benefit of, any Member of the ſaid Corporation; and that no greater Quantity of
the ſaid Lands be granted, either entirely or in Parcels, to, or to the Uſe of, or in
Truſt for, any one Perſon, than five hundred Acres; and declared, that all Grants
made contrary to the true Intent and Meaning thereof, ſhall be abſolutely null
and void. And granted, that the ſaid Corporation, for the Term of twenty-one
Years from the Date of the ſaid Letters Patent, ſhould have Power to erect and
conſtitute Judicatures and Courts of Record, or other Courts, to be held in his
Majeſty's Name, for the Hearing and Determining all Manner of Crimes, Of-
fences Pleas, &c. And it is directed, that all Rents, Iſſues, or Profits, which
ſhould come to the ſaid Corporation, iſſuing or ariſing out of it, or from the ſaid
Province, ſhould be laid out and applied in ſuch Manner as would moſt improve
and enlarge the ſaid Colony, 3c. And directed, that the ſaid Common Council
ſhould





GRE A T-B RITA Í N, &c.
687

ſhould from Time to Time, for the ſaid Term of twenty-one Years, have Power to
appoint all ſuch Governors, Judges, Magiſtrates, Miniſters, and Officers, civil
and military, both by Sea and Land, within the ſaid Diſtrict, as they ſhould
think fit and needful for the Government of the ſaid Colony (except ſuch Officers
as ſhould be appointed for managing, collecting, and receiving ſuch of his Ma-
jeſty's Revenues as ſhould ariſe within the ſaid Province) with a Proviſo, that
every Governor ſo appointed, ſhould be approved of by his Majeſty, and qualify
himſelf as other Governors in America are by Law required to do, &c. And they
have Power to train the Militia, erect Forts, &c. And that they ſhall have Power
to import and export their Goods at or from any Ports that ſhould be appointed
by his Majeſty, within the ſaid Province, without being obliged to touch at any
other Port in South Carolina; and declared, that after the End of the ſaid twenty-
one Years, ſuch Form of Government, and making of Laws and Statutes, and
Ordinances for the Government of the ſaid Province and its Inhabitants, ſhould
be eſtabliſhed and obſerved within the ſame, as his Majeſty, his Heirs, and Suc-
ceffors ſhould ordain and appoint, agreeable to Law; and that after the End of
the ſaid twenty-one Years, the Governor, and all Officers civil and military within
the ſaid Province, ſhould be appointed by his Majeſty, his Heirs, and Succeſſors,
In Conſequence of this extenſive Charter, many Nobles and Men of Fortune
undertook, in Quality of Truſtees, to carry the Deſign into Execution, and had,
as the Object of their firſt Care, the obtaining a fufficient Fund for enabling them
to fend over a conſiderable Body of People, and to provide them with all kinds of
Neceffaries; to which they liberally ſubſcribed themſelves, obtained conſiderable
Sums by Collection from Perfons who were charitably diſpoſed, to forward the
Settlement, and, beſides, procured a Donation from Parliament of 10,000l.
The propereſt Method was alſo ſtudied in making this Settlement, that it might
both anſwer the intended Ends of their being ſent thither, and alſo contribute as
much to the publick Utility as poſſible; in Order whereto, every Individual was
regarded as a Planter and Soldier, and accordingly furniſhed with Arms for Defence,
and Tools for his Huſbandry, whoſe Uſe and Exerciſe was alſo taught him: It was
alſo reſolved, that Towns ſhould be planned, and Lands appointed for the Sub-
fiſtance and Conveniency of the Settler, and theſe be held in Tail-Male, as the
propereſt Tenure in this infant Colony. The Introduction of Negroes was alſo
prohibited for many Reaſons. And after theſe Diſpoſitions were made, and the
Truſtees enabled by publick and private Benefactions, one hundred and fourteen
Souls, Men, Women, and Children, embarked with James Oglethorpe, Eſq. (one
of the Truſtees) in November, 1732, and failed for Carolina, where they arrived
on the 15th of January following; and being aſſiſted by the Governor of Charles-
Town, and other kind Gentlemen, a Town was marked out, and the firſt Houſe
begún (ten Miles up the River Savannah) on the 9th of February; after which
Mr. Oglethorpe procured all the Alliſtance and Neceſſaries he could for his young
Colony, fowed and planted a Quantity of Corn, Herbage, and Fruit, made a
Treaty with the Indians, and then returned to England, in Order to continue his
good offices by procuring the neceſſary Supplies to be ſent this Object of his
Care; and arrived in Safety, in June, 1734, accompanied by ſeveral of the Indian
Kings and Chiefs, who were endeared to our Countrymen by the kind Uſage
ſhewn them here.
Mr. Ogletborpe again embarked, and on the 6th of February, 1735, arrived with
-four hundred and ſeventy Perſons, who were ſettled on the Inand of St. Simon ;
and in the preceding Month a Parcel of Scotch Highlanders were got there, and
eſtabliſhed up the River Alatumaha, about ſixteen Miles diſtant from the aforeſaid
Ide; they both built Towns, the Engliſh calling their’s Frederica, and the Scots,
New Inverneſs: Roads of Communication were made between the Towns of the
Britiſh Adventurers and the Indians, and both the North and South Frontiers were
not only ſecured by Fortifications, but alſo by an amicable Treaty, concluded with
the Spaniards of St. Auguſtin, which, however, was diſapproved of by their Court
and the Governors of Cuba; and Spaniſh Florida had Directions to prepare ſuch
a Force as they imagined would be ſufficient to deſtroy our Settlements, as well
in Carolina as Georgia; to prevent which, his Majeſty was graciouſly pleaſed
I
to
688
GENERAL COMMERCE OF THE WORLD.
to order a Regiment of fix hundred effective Men to be ſent to Georgia for its
Defence and Protection, and the Truſtees allotted each one of them a Parcel of
Land to encourage their good Behaviour.
T liament alſo now granted them 20,000l, and 26,00ol. at fundry Tinies
afterwards, for their further Afliſtance, which enabled the Truſtees to make
another Embarkation, and with theſe repeated Augmentations of People, the
Towns laid out in this new Colony began to flouriſh. Mr. Oglethorpe was ap-
pointed Colonel of the aforeſaid Regiment; and no one could have been more
proper for the Command than he, who only uſed his Authority and Care, to
protect that Settlement, which with ſo much Fatigue and Affiduity he had
planted; but this Reinforcement did not induce him to abate any Thing of that
Diſcipline he had always obſerved, but he continued to train his Militia, with
the ſame Exerciſe and Regularity he had before uſed them to, and; diſregarding
the Dangers he run, and the Inconveniencies he ſuffered by Travelling in an
almoſt unknown, uninhabited, and conſequently an uncultivated Country, he
undertook a Journey of five hundred Miles from Frederica, purely to increaſe
the Services he had already rendered the Colonies of Carolina and Georgia, by
concluding a new Treaty with the Indians, and thereby confirming them in the
Engliſh Intereſt, at a Time when the French were uſing their utmoſt Efforts to
draw them off from it; thus (to advance and ſecure the Happineſs of others)
did this worthy Man, with unwearied Diligence, expoſe himſelf to Hazards
and Toils, that would have proved unſurmountable to one of a lefs enterprizing
Genius and ſteady Reſolution ; but thefe enabled him to go through even ſuch
a comfortleſs and tireſome Expedition, as this now mentioned.
The Number of People ſettled in Georgia in the firſt eight Years was upwards
of two thouſand, which under Mr. Oglethorpe's prudent Conduct, in Obedience
the wiſe Regulations and Difpofitions of the Truſtees, had now acquired Strength
ſufficient to defend themſelves, as they were ſoon obliged to prove; for the War,
kindled here with the Spaniards, in 1739, ſoon blazed out in America, where Ge-
neral Oglethorpe, having with all the other Governors in that Country received
his Majeſty's Orders to annoy the Spaniards as much as they could, agreed on an
Expedition againſt them at St. Auguſtin, in Conjunction with the Forces of Ca-
rolina; and though the Plan of their Operations ſeemed to be well concerted, it
unfortunately miſcarried with the Lofs of many Men and much Money. The
Spaniards in Return paid them a Viſit in the Beginning of June, 1742, but met a
ſignal Repulſe from the Engliſh; for though their Force conſiſted of fifty-ſix Sail,
with between ſeven and eight thouſand Men, they were defeated by the Handful
General Oglethorpe had with him, to the immortal Honour, both of the Soldiers
and their Commander, who obliged the Enemy to ſo precipitate a Flight, as to
leave Part of their Baggage, &c. behind them. The General received all the
Congratulations and Acknowledgements, ſo juſtly due to his Bravery, from all
our American Governors, and ought to have the ſame Incenſe paid him by every
Well-wiſher to the Colonies, or indeed Great-Britain itſelf.
This Province is ſaid to be capable of producing all that Carolina does, though
the Truſtees, from an Obſervation that moſt of the American Settlements run into
a Cultivation of the ſame Commodities, recommended a different Practice here,
and ordered a large Plantation of Mulberry-Trees to be made, invited thereto by
the Propriety of the Soil, and agreeableneſs of the Clime for raiſing 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 ſince, I muſt
confeſs myſelf ignorant, or indeed, of what other Returns it has made to the
People’s Expectations, from the large Sums expended on it; though, ſhould it
fall ſhort in the fertility it has been praiſed for, and remit but little in Ex-
change for the Manufactures it takes from hence, the eſtabliſhment ought to
be ſupported as an important Frontier, whoſe Conſequence has been demon-
ſtrated, in the Stand it made againſt the above-mentioned powerful Attack,
which might otherwiſe have proved of fatal Conſequence to ſeveral of our Co-
lonies. The Exports are calculated at about 74,0001, and the Imports at 49,000l.

2
of
GREAT - BRITAIN, &c.
689
of CAROLINA.
THI
HIS Part of the Globe has been poſſeſſed alternatively by Spaniards and French,
and though one of the fineſt Spots in the World, had by both been deſerted for
near a hundred Years, when his Majeſty King Charles II. granted it the 24th of
March 1663, to Edward Earl of Clarendon (then Lord High Chancellor) George
Duke of Albemarle, William Lord Craven, yohn Lord Berkley, Anthony Lord
Aſhley, Sir George Carteret, Sir William Berkley, and Sir John Collinton, with
all Royal Fiſheries, Mines, Power of Life and Limb, and every thing neceſſary
to an abſolute Propriety, within the Limits of the Patent, and with the AC-
knowledgement of twenty Marks yearly; and this Grant was ſeconded by another
about two years after, that made ſome Alteration in the Boundaries, and included
both the Carolinas and the new Province of Georgia. But this Eſtabliſhment not
meeting with a Succeſs anſwerable to the Proprietors Expectations, they, after
ſtruggling with many Difficulties for the Space of near fixty Years, reſigned of
their Grant to the Crown, in Conſideration of 17,500l. paid them for it, and
the Surrender was confirmed by Act of Parliament in 1728; the other being
therein reſerved to the Right Hon. John Lord Carteret, now Earl of Granville.
This Country, as before-mentioned, is very pleaſant and fertile, as the Riches
acquired by the Inhabitants in a few Years plainly prove; and the Trade of it
was once ſo conſiderable, that from March 1730, to the fame Time 1731, there
failed from Charles Town (moſtly for England) 207 Ships, with 41,957 Barrels of
Rice (about soolb. wt. each ;) 10,750 Barrels of Pitch; 2063 of Tar; and 759 of
Turpentine; of Deer Skins 300 Calks, containing 8 or 900 each; beſides a vaſt
Quantity of Indian Corn, Peas, Beans, &c. Beef, Pork, and other falted Fleſh;
Beams, Plank, and other Timber for Building, moſt Part of Cedar, Cypreſs, Saf-
fafras, Oak, Walnut, and Pine. Since writing the above, the Carolina Trade
is greatly increaſed by the Produce of Indigo in that Colony.
Before the preſent War in America, the Commerce of South Carolina alone em-
ployed 140 Ships. Its Exports to Great-Britain of native Commodities, on an
average of three Years, amounted to upwards of 395,000l. annually, and its Im-
ports to 365,000l. The Exports of North Carolina were computed at 68,000).
and its Imports at about 68,000l.
Their Trade with the Indians is very conſiderable, by which they procure the
Skins above-mentioned; and in Exchange for them give Lead, Powder, coarſe
Cloth, Vermilion, Iron, ſtrong Waters, and ſome other Goods, reaping from this
Traffick a very great Profit. Of Negroes it is ſuppoſed there are near 50,000 in
the Province; though Artificers are very ſcarce, and their Demands for Labour
very extravagant; which I believe principally proceeds from the Miſrepreſenta-
tions of the Country at home; otherwiſe it is to be imagined, a fine Climate and
great Wages would be ſufficient Inducements to attract a ſufficient Number of
Mechanicks to ſupply every Want there could poflibly be of them.
Of VIRGINIA.
HIS Country was at firſt divided into North and South Virginia, and was
ac-
cordingly granted by King James I. in 1606, to two diſtinct Sets of Men,
the one to poffeís all the Lands, &c. between 34 and 41 Degrees of Latitude, to
be called the firſt Colony, and the others to have all thoſe lying between 38 and
45 Degrees of Latitude, with the Denomination of the ſaid Colony; and they
immediately fitted out Ships and ſent many people there in the ſame Year; and
though their Eſtabliſhments were rendered as eaſy to them as the Nature of the
Thing would poſſibly admit, and their advantageous Situation was very apparent,
yet they could not ſubmit to the few Labours and Difficulties attending their firſt
ſettling, though with the Proſpect of foon obtaining from them a comfortable
and ealy Abode, capable of daily Improvements by an honeſt Induſtry, but were
continually breaking out into Commotions and Diſturbances, which proved rui-
nous to the Colony, and their own Deſtruction; and they were ſo contumacious
as to fly in the Face of Juſtice; ſo that few of their Governors could ſupport their
Authority, or bring them into any fettled Order or Diſcipline; which was a good
8 N
Deal.


690
GENERAL COMMERCE OF THE WORLD.
Deal owing to the Nature of the Grants made in England by the Patentees, and
no ſmall Share of it charged on the Company's Mal-Adminiſtration; in fo much,
that on King Charles I. aſcending the Throne, he diſſolved the Company in 1626,
reducing the Country and Government under his own immediate Direction, and
granting Patents to particular Adventurers, with the Reſerve of a Quit-Rent of
two Shillings for every hundred Acres.
This Reſolution of his Majeſty's at firſt ſeemed very agreeable to thoſe already
ſettled, and animated many daily to encreaſe their Number; but old Diſcontents
reviving, and the People proving reſtleſs under the Governor's Oppreffions, gave
an Inſtance of their Reſentment, by ſending the firſt his Majeſty had ſet over
them Priſoner to England, for his Diſagreement with his Council, and Violences
on the Inhabitants. And the ſubſequent Troubles of King Charles's Reign, and
Cromwell's Adminiſtration, hindered the good Diſpoſitions from proving effectual
that had before been taken for the Colony's Proſperity by their worthy Chief, Sir
William Berkley. However, many continued Sollicitors for Patents of large
Tracts, which has indeed proved very prejudicial to the Country, as it is by this
Means that very few Towns are to this Day built in it, and thoſe few ſo ſmall as
hardly to be worth naming:
It lies from 36° to 39 of North Latitude, and between 749 and 80° of Weſtern
Longitude, being about two hundred and forty Miles in Length, and near one
hundred and twenty in Breadth; divided into twenty-five (ſome ſay twenty-nine)
Counties; of theſe, the firſt is James County, which contains five Pariſhes, and
the only two Towns in the Province; and theſe, as I ſaid before, ſo finall, that
the principal, called James-Town, does not contain above eighty Houſes; and
Williamſburgh, though the Seat of Juſtice, not above half that Number: The
People, if we reckon Men, Women, and Children, and join to theſe the Negroes,
may amount to about five hundred thouſand, which may reaſonably be ſuppoſed
to bring no ſinall Advantage to their Mother Country; as from hence they are
all ſupplied with moſt of the Neceſſaries of Life; ſuch as Linen, Silks, India
Goods, Wine, and other foreign Manufactures; and of our home'ones, Cloths,
Serges, Stuffs, Bays, Hats, and all Sorts of Haberdaſhery Ware; Hoes, Bills, Axes,
Nails, Adzes, and other Iron Tools; Cloths ready made, Knives, Biſcuit, Flour,
Stockings, Shoes, Caps for Servants, and indeed almoſt every Thing that is made
in England, to the Amount of near 1,000,000l. Sterling, which is repaid moſtly
in Tobacco, of which it is ſuppoſed, by the niceſt Calculators, that near one hun-
dred thouſand Hogſheads 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 theſe, about 60,000 Hogſheads are re-exported for foreign
Parts, which, if computed only at 51. per Hogſhead, makes 300,000l. beſides the
Duties not drawn back, and the new Freight it occaſions.
This Settlement, it is to be obſerved, is only that Part of the original Grant,
called the firſt or London Colony; the other, termed the ſecond or Plymouth
Colony, ſhall be ſpoke of when I come to treat of New-England, of which they
were the original Planters ; in the mean Time I proceed, as it comes next in
Courſe, to ſpeak
Of MARYLAND.
THIS
HIS Colony remained a Part of Virginia (as ſeveral others did till they were
diſmembered, which ſhall be noted in their proper Places) till 1632, when
King Charles I. (in the eighth Year of his Reign) granted all the Country to the
North of Potowmack River (not then planted) to Cecilius Calvert Lord Baltimore,
and his Heirs; which Tract was thenceforth called Maryland, in Honour of the
then Queen Confort; and in Conſequence of this Grant, the Proprietor ſent
his Brother, with about two hundred Adventurers, to take Poffeffion of their
Limits, and to make a Settlement; which they firſt did in an Indian Town, cal-
led afterwards St. Mary's, on the River Potowmack, and near the Mouth of that
they chriſtened St. George's.
This foon became a flouriſhing Colony, though the Baltimore Family was de-
prived of its Government during the Civil Wars; but King Charles II.'s Reſto-


over
ration
G R E A T - BRIT A Í N, &c.
691
THIS
ration proved that of the Proprietor’s; as his Majeſty, on coming to the Throne,
reinſtated him in all his Privileges.
The Province is ſituated between 389 and 40° of Northern Latitude, and be-
tween 75% and 80° of Weſtern Longitude; abounding, as Virginia does, in fine
Springs and Rivers ; ſo 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 ſame Humour of living on their own Plantations prevailing among the Gen-
try here, as was before obſerved to reign among their above-mentioned Neigh-
bours.
The Soil and Products of this Country are ſimilar to thoſe of Virginia, and the
Natives here imitate the others Management, in confining their Huſbandry to the
Cultivation of Tobacco only, of which it is ſuppoſed they, now produce as much
as Virginia does, though the Quality to the Engliſh Taſte is inferior to the other,
it being ſtronger than the ſweet ſcented Leaf gathered on the Borders of James
and York Rivers; however, this Circumſtance gives it a Preference every where
in the North, to which Part of the World we generally ſend it: The Inhabitants
may be about 30,000, who are ſupplied with Neceſſaries from hence in the ſame
Manner Virginia is, ſo that a Catalogue of them need not be repeated here.
Of NEW-YORK.
HIS, like the laſt mentioned Province, was a Part of Virginia, and became
our's under the double Right of Diſcovery and Conqueſt; the firſt by Cabot,
and the latter from the Dutch, who had ſettled here, and held it by an illegal
Title, and therefore the Engliſh have retained it ever ſince its Recovery at the
Beginning of the Dutch War. It is about two hundred Miles in Length, though
generally very narrow, well repleniſhed with Proviſions and Farms, which occa-
fions its having few large Towns; the Capital (New-York City) however, is very
conſiderable for this part of the World, as it contains upwards of a thouſand well
built Houſes of Stone and Brick, beſides commodious Quays and Warehouſes on
its excellent Harbour, where ſome hundreds of Ships and Veſſels are employed in
the foreign Trade and Fiſheries from hence carried on to Madeira and the Azores,
where they ſend Pipe-Staves and Fiſh, returning with Wine and Brandy, to their
very great Advantages and to all our Sugar Iſlands, more eſpecially Barbadoes,
they ſend Corn, Flour, Bread, Beef, pickled and ſmoaked Pork, Peas, Bacon,
Apples, Onions, Board, and Pipe-Staves; for which they bring back Sugar, Mo-
laifes, Rum, Ginger, &c. And the Agents for this Province, in their Conteſt
with the Sugar Plantations, affirmed, that their Winters being ſevere, obliged
them to take off more of the Woolen Manufactures of this Kingdom (for which
they remitted Gold and Silver) than all the Iſlands (Jamaica excepted) put toge-
ther, and which I believe has remained uncontradicted.
At our becoming Maſters of this Country, it was found to be very thinly peo-
pled; but the Clime and Soil have proved ſuch powerful Inducements to Adven-
turers, that their Number is ſuppoſed now to be ſwelled to 90,000.
Before the American War, the Exports from this Province, upon an Average
of three Years, amounted annually to 526,000l. and their Imports from Great-
Britain to 531,000l.
Of PENNSYLVANIA.
DMIRAL Penn (afterwards Sir William) rendered himſelf famous, by the Con-
queſt (with Col. Venables) of Jamaica; and endeared himſelf to every one
ſerving under him, by his unaffected Modeſty, and other engaging Qualifications
and Virtues; thefe, and his great Abilities in maritime Affairs likewiſe, placed
him in a very high Degree of Eſteem and Credit both with King Charles II. and
his Royal Brother, which drew from the former a promiſed Grant of this Ame-
rican Territory, in Reward of his paſt Service to the Crown; but he dying before
its Confirmation, and his Son not applying for it till ſome Years after, the Patent
bears Date only from the 4th of March, 1680, containing all that Tract of Land
in America, with all the Iſlands belonging to it, from the Beginning of the 40th
Degree of North Latitude to the 430 Degree, &c. This was the limitation of the
A
firſt
692
GENERAL COMMERCE OF THE WORLD.
firſt Grant; but Mr. Penn having afterwards obtained an Addition from New-
York, the whole Territory of Pennſylvania now runs three hundred and thirty
Miles in Length, and about two hundred in Breadth, being diſtinguiſhed by this
Denomination in both the Patents.
There were but few Engliſh when Mr. Penn fent over the firſt Adventurers,
who had accompanying them a Governor of his appointing, to whom the Swedes
and Dutch that remained very readily ſubmitted; but he afterwards went in Per-
ſon to ſettle the Conftitution he had procured to be drawn up by that great Law-
yet, Sir William Jones, and to make Agreements with the Indian Princes. The
Air is ſerene and pleaſant, the Soil generally fertile, and every Thing growing
here in great Abundance and Plenty. The Towns are large and numerous, well
ſituated for Trade, and populous ; in ſo much that the Capital, Philadelphia, is
now ſuppoſed to contain fifteen thouſand Inhabitants, by which the Number of
People in this flouriſhing Colony may be gueſſed at, though it would be difficult
to aſcertain them.
The Merchandize which Pennſylvania furniſhes for its Commerce with Europe
and America, conſiſts in Horſes, Pipe-ſtaves, Pork, Beef, and Fiſh ſalted and bar-
relled up, Skins and Furs; all Sorts of Grain, viz. Wheat, Rye, Peas, Oats,
Barley, Buck-Wheat, Indian Corn, Indian Peas and Beans, Pot Aſhes, Wax, &c.
And in Return for theſe they import from the Caribbee Iſlands, &c. Rum, Su-
gar, Molaſſes, Silver, Negroes, Salt, and Wine; and from Great-Britain, Houſe-
hold Goods, Clothing of all sorts, Hardware, Tools, and Toys. They alſo
ſome Rice, and a little Tobacco of the worſt 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, ſome Clothing, Arms, Ammunition, Rum,
and other Spirits.
The Amount of the Commodities exported from Great-Britain, before the
War, was upon an Average of three Years, valued at 611,000l. and thoſe export-
ed to Great-Britain, including Ships built there for Sale in England, are eſtimated
at 705,500l.
Of the JERSEY S.
TH
THESE fell under the Dominion of the Crown at the ſame Time that Newa
York did, and with that compoſed the Province of Nova Belgia, taken from
the Dutch, as before-mentioned, and all were included in the Grant made by King
Charles II, to his Brother the Duke of York; who inveſted this Part of it by the
Name of Nova Caneria, in John Lord Berkley, and Sir George Carteret, and they
or their Afſigns agreed to divide it, with the Denomination of Eaſt and Weſt New-
Jerſeys; the firſt falling to the Share of Sir George, as the latter did to his Lord-
Thip; and both being parcelled out into different Proprieties, were unanimouſly
refigned up to her Majeſty Queen Anne, on the 22d of April, 1702, and have been
ever fince governed by Royal Authority: They have ſeveral well built Towns in
them, commodiouſly ſituated for Trade, as Ships of two or three hundred Tons
may come up to the Merchants Houſes in divers of them. The Country yields
Plenty of all Sorts of Grain, with which they ſupply the Sugar Iſlands, and beſides
this, drive ſome Trade in Furs, Skins, and a little Tobacco; they likewiſe ſhip
ſome Train Oil, Fiſh, Corn, &c. for Portugal, Spain, and the Canaries, though
New-York is their principal Market, either for ſupplying themſelves with, or dif-
poſing 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 Jerſeys to the great commer-
cial Cities of Philadelphia and New-York, by which they were ſupplied with Mer-
chandiſe from Britain, and made Returns in Wheat, Luinber, and other native
Products.
Of NEW-ENGLAND,
N
my Deſcription of Virginia, I gave an Account only of the firſt or London
Company, referring my Readers for the Succeſs of the ſecond or Plymouth
Company's Expedition, to this place, which I Thall now give,
Theſe

IN
1
GRE A T-BRIT AIN, &c.
693
Theſe Adventurers contented themſelves for ſome Years, with the Trade of
Furs with the Natives of North Virginia, and fiſhing on that Coaſt, in which two
Ships were employed to early as the Year 1614, commanded by the famous Capt.
John Smith, and Capt. Thomas Hunt, the former of which landed, and took a par-
ticular View of the Country of the Maſſachuſets, by which he was drawn into fe-
veral Skirmiſhes with the Natives; and afterwards returning to England, he left
Orders with Hunt to proceed in his Ship, with the Fiſh taken, to Spain; but this
ungenerous Man, not content with his finny Treaſure, and ſtimulated by an
avaricious deſire of Gain, took ſuch iniquitous Steps to procure it, as proved of
fatal Conſequence to the infant Colony; for as ſoon as Capt. Smith was departed,
he enticed twenty-ſeven of the innocent Indians aboard, and carried them with
his Cargo to Malaga, where he fold them at 2ol. a Head. This Outrage was
reſented by the Indians in ſuch a Manner as might juſtly be expected; they broke
off all Communication with the Colony, ſo that an entire Stop was put to the
little they before carried on, and their Endeavours for Revenge were exerted on
ſeveral future Occaſions. And repeated Diſappointments occurring by theſe Dif-
agreements, the Patentees were difcouraged from proſecuting their intended
Settlements, and gave up all Thoughts of making them. However, other Ad-
venturers carried on a Trade to New-England; and a Congregation of Indepen-
dents who had fled from hence to Holland on Account of their Religion, under
Mr. John Robinſon their Miniſter, now meditated another Remove, and deter-
mined on changing their Clime once more, from an European to an American;
flattered with the Hopes of finding an Aſylum in the latter, which was denied
them in the former. And they accordingly procured a Grant for their Settle-
ment on Hudſon's River, where, however, they never arrived; but either Chance,
or Treachery (as ſome ſuppoſe) having driven them to New-England, in the Lati-
tude of 42° North, they there landed, and built themſelves a Town, which they
called New Plymouth, being about a hundred Souls in all, Men, Women, and
Children, of which a great Part died the firſt Winter. However, new Recruits
continually ſucceeding, they began to grow powerful, and became a flouriſhing
Colony; and this led them to reflect ſeriouſly on the Nature of their preſent Settle-
inent, which they knew to be precarious, as they were not only without a Patent
or Grant to ſecure them in the Poſſeſſions they now enjoyed, but held them con-
trary to the Rights of the North Virginia (or New-England) Company. In Order,
therefore, to eſtabliſh themſelves on a better footing, they commiſſioned one of their
Number, in the Year 1624, to ſollicit a Charter for them, which he ſucceſsfully
performed, and obtained one more favourable than their moſt fanguine Expecta-
tions could make them hope for; they being thereby enabled to elect a Gover-
nor, Council, and Magiſtrates, and to make Laws, provided they were no Ways
oppoſite to our's, or in any Reſpect encroached on the Crown's Prerogative: Thus
the firſt Settlement in this large and fertile Country was confirmed; and this ani-
mated others to take the ſame Steps; of which I ſhall give ſome Account in as
brief a Manner as poſſible.
In 1625, Mr White of Dorcheſter, another Miniſter of the fame Perſuaſion with
the before-mentioned, being animated by his Succeſs, determined to follow his
Steps, in Hopes of the ſame 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, &c. and
obtained a Patent from King Charles I. to hold the ſame; which was enlarged by a
new one, 1628, with ſtill greater Privileges than in thoſe ceded to the New-Ply-
mouth Colony, and by whom Charles Town, Dorcheſter, and Boſton (the Capital)
were ſucceſſively built; and from theſe a Colony was detached, to ſettle on Con-
necticut River; which afterwards obtained a Grant for themſelves, with Privileges
fimilar to thoſe already ſpoken of. After theſe, New-Haven was built, and the
Country ſettled; and whilſt this was tranſacting in the South-Weft Parts of New-
England, thoſe in the North-Eaſt were not neglected; for theſe Coaſts having for
ſome Time been frequented, for the Advantages of Fiſhing and the Fur Trade,
encouraged thoſe concerned therein to attempt an Eſtabliſhment; which they
ſucceeded in ſo much to their Satisfaction, as in a few Years to ſettle the two
8 O
Counties



694
GENERAL COMMERCE OF THE WORLD.
Counties of New-Hampſhire and Main, for which they obtained a Charter ; but
as Feuds and Diviſions prevailed among them, they again reſigned it, in 1684,
to the Crown, where the Property has ever ſince remained.
And if any one reflects on the ſwift Progreſs made in the Settlements, that in
about twenty Years they had built twice as many Towns, cultivated a large Tract
of Land, and ſettled a tolerable good Trade, he muſt allow them to have been
uncommonly induſtrious, more eſpecially, if he conſiders the many Difficulties
they had all along to ſtruggle with.
New-England at preſent comprehends four very confiderable Governments, viz.
Maſſachuſets (which, with New-Plymouth and the Main, are now included in one
Charter ;) New Hampſhire, ſtill remaining ſeparate; Connecticut (comprehending
alſo New-Haven ;) and Rhode-Iſland, with Providence Plantation. The whole
Country extending from 41 to 45 Degrees of North Latitude, and from 67 to 73
Degrees of Weſtern Longitude, abounding with Plenty of Fiſh, Fowl, Fruit,
Grain, and Herbage; it is likewiſe replete with many fine Rivers, and its' In-
habitants are very numerous.
Its Commerce is very conſiderable, being ſpread all over America, and to ſeveral
Parts in Europe : Our Sugar Colonies are from hence ſupplied with Fiſh, Cattle,
Corn, Apples, Butter, Cheeſe, Oil, Tallow, Boards, Hoops, Pipe-Staves, Skins,
Bark, Turpentine, &c. and theſe in ſuch vaſt Abundance, that the Inand of Bar-
badoes only.is computed to take off the Value of two hundred thouſand Pounds
yearly: They alſo deal with the other Sugar Colonies ; ſometimes with the French,
more with the Spaniards; and their Exportation of Fiſh for Portugal, Spain, and
Italy, is greater than from any Part except Newfoundland- From hence they take
all Kinds of Mercery Goods, Linens, Stockings, Shoes, Sail-Cloth, Cordage, Ha-
berdaſhery Ware, and a vaſt many other Things: In Return, they build for us a
prodigious Number of Ships, and ſupply us with Pig and Bar Iron, Pitch, Tar,
Turpentine, Skins, Furs, Oil, Whale Fins, Logwood, and other Commodities,
beſides a great Quantity of Mafts, Yards, and Plank, for the Royal Navy; and
as I cannot pretend to make a Calculation myſelf of the Advantages accruing
to us from this Trade, 1 ſhall adopt Sir Joſiah Child's Words on this Subject,
to convey to my Reader an Idea of the Greatneſs of them.
" To do Right
(ſays he) that induſtrious Engliſh Colony ({peaking of New-England) I muſt
“ confeſs, that though we loſe by their unlimited Trade with other foreign
Plantations, yet we are very great Gainers by their direct Trade to and from
“ Old England. Our yearly Exportations of Engliſh Manufactures, Malt, and
“ other Goods from hence thither, amounting, in my Opinion, to ten Times
“ the Value of what is imported from thence; which Calculation I do not make
at Random, but upon mature Conſideration; and per Adventure upon as much
Experience of this very Trade, as any other Perſon will pretend to do, &c."
It was computed, before the unfortunate Revolt of the Thirteen Provinces
from the Mother-Country, that Amount of the Engliſh Manufactures and
of India Goods ſent into this Colony from Great-Britain was not leſs, upon
an Average of three Years, than 395,000l. Our Imports in Value, &c. Com-
modities for home Conſumption, and for Exportation to the European Markets,
were calculated at 370,500l.
Of NOVA-SCOTIA.
NO
O Part of our American Settlements has occafioned more Conteſts than this,
or has ſo often changed Maſters; having been ſeveral Times alternatively
poſſeſſed by French and Engliſh, though our Title to it is founded on Cabot's
Diſcoveries, and was therefore originally regarded as a Part of North-Virginia,
and as ſuch, within the Charter of the Weſtern Company, who gave ſtrict Orders
to thoſe in their Service, by all Means to prevent foreign Nations from ſettling
in their Limits.
Sir Samuel Argal, then Governor of Virginia, made a cruiſing Voyage in 1618,
round the Coaſt northwards, as far as Cape Cod in New-England, about five or fix
Years before the Engliſh Adventurers arrived in that Country; and being informed
by the Indians, that ſome white Men had fettled farther North, he went, and



I
found
GRE A T - BRITA Í N, &c.
695
found a Fort built, with a French Ship riding at Anchor, before it, both which
he took; and the French afterwards cancelled their Patent from their King; and
acquainted him of another Settlement made by their Countrymen at a Place they
had named Port-Royal, in the Bay on the South-Weſt of Acadia, which he alſo
went to, and reduced it.
When Sir Ferdinand Gorges was Preſident of the New-England Company, he
propoſed to Sir William Alexander to procure a particular Grant for the Land to
the Northward of their Patent, who accordingly applied for and obtained it of
King James I. in 1621; and the next Year ſent a Ship with Paſſengers, to plant
and ſettle there; but it being late in the Seaſon, they were forced to winter in
Newfoundland, and to wait the Spring's Return before they could get away, which
they effected as ſoon as the Weather would permit it, and proceeded on their
Voyage till they happily concluded it, and landed in what they afterwards called
Luke's-Bay; and Sir William Alexander having publiſhed a Book, with the Deſcrip-
tion of the Country, placed it in ſo tempting a Light, that his Sovereign created
a new Order, called the Knights of Nova-Scotia, purely to facilitate its Plantation.
This objected Settlement, however, proved abortive; 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 leaſt contracted to give him 50ool.
for it; and Sir William Alexander, ſome 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 diſlodge the French from
Port-Royal, which he effected, and took Poſſeſſion of the ſaid Tract of Land; on
which Charles de St. Eſtina (I believe it ſhould be Eſtienne) Son and Heir to Claude
de la Tour, came to England, and on making out his Claim under Sir William
Alexander, then Earl of Stirling, Cromwell allowed it.
On the 20th of Sept. 1656, the ſaid Charles de St. Eſtina fold and conveyed
De
his Property in the ſaid Country to Sir Thomas Temple and William 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 ſole Monopoly of the
Fiſhery and Trade with the Indians.
By the Treaty of Breda, in 1667, this Land was again ceded to the French; and
in 1670, the Poffeffion was delivered to them by Sir Thomas, in Virtue of the ſaid
Treaty, and in Obedience to expreſs Orders from the Earl of Arlington, then
Secretary of State, though he never conveyed his Right to the Lands, nor ever
received a ſingle Farthing of 16,2001. Sterling, then ſtipulated to be paid him
in Recompence of his Diſburſements for building Forts, maintaining Garriſons,
and the Debts due to him from the Natives, though much ſollicited for, both
at the Courts of England and France.
In 1690, on the 28th of April, Sir William Phipps having, by Order of the Maf-
ſachuſet's Government, ſet forward on an Expedition for the Reduction of this
Country, ſucceeded therein; and having difpoffefſed the French thereof, and ap-
pointed a Governor, he returned to New-England on the 30th of May following,
and the Engliſh remained Maſters of it till 1697, when, by the Treaty of Rijwick,
it was once more reſtored to the French.
In 1710, it was again reconquered by the Forces of Queen Anne, fent
from hence and New-England, under the Command of General Nicholſon ;
and by the Treaty of Utrecht, in 1712, was yielded up to Great-Britain, and
has ever ſince continued in the Poſſeſſion of this Crown, having been conſtantly
garriſoned by a Regiment of Soldiers, till its late Settlement augmented the Num-
ber of theſe, as well as of its Inhabitants.
Sir Thomas Temple died on or about the 27th of March, 1674, at Brentford in
Middleſex, leaving his Nephew, John Nelſon, Eſq. of Boſton in New-England, his
Heir and ſole acting Executor to his Will; who by Deed, bearing Date the 15th
of April, 1731, fold and conveyed all his Right, Title, Claim, &c. in and to the
faid Lands, Debts, Rents, &c. to Samuel Waldo, Eſq. of Boſton aforeſaid; of which
the


ite, and the fole

7
696
les in 1763. Que Ti
GENERAL COMMERCE OF THE WORLD.
the ſaid Samuel Waldo afterwards ſold and conveyed an undivided Moiety to me.
And as we were conſcious of what Importance the Settlement of this Province
would be to the Northern Colonies, we ſecured a conſiderable Number of Swiſs
Proteſtants to begin it, not imagining, after ſo clear a Deduction of our Title, we
ſhould have any Impediment to ſo neceſſary a Work, pregnant with innumerable
Advantages to the Nation. However, left our Right ſhould be futurely con-
teſted, on Account of the aforeſaid ſeveral Treaties and Changes of Poffeffion, we
humbly intreated his Majeſty, about thirteen Years ago, to confirm our Grant,
or to give us a new one; which Petition he was graciouſly pleaſed to refer to
a Committee of Council, and the Committee referred it to the Conſideration of
the Attorney and Sollicitor General; which being juſt before the breaking out
of the late War, this Occurrence made us deſiſt from preſſing the Affair : But
all Pretenſions to this Colony having been formally renounced on the Part of
France, by the IVth Article of the Peace of Verſailles, in 1763, our Title to
Nova-Scotia is now confirmed beyond Diſpute.
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 Coaſts, are full of various kinds of Fiſh; more eſpecially
Salmon, Sturgeon, Herrings, Cod, and Whales ; and beſides theſe, the Province
is capable of producing Hemp, Flax, Maſts, Iron, and all the naval Stores, extra
of Furs, Oil, Whalebone, and Poorjack; it can alſo as conveniently as any
other ſupply the Sugar Colonies with Proviſions, Boards, Staves, &c. and con-
ſequently, under proper Encouragement, foon become capable of taking off large
Quantities of Britiſh Manufactures, and in Time prove a valuable Eſtabliſhment
to its Mother Country.
In the Year 1749, a Town was built in this Colony, and called Hallifax, in
Honour of the Earl of Hallifax, the noble Patron of the Undertaking, who
then preſided at the Board of Trade. By the Goodneſs of its Harbour, and its
convenient Situation for Britiſh Men of War to winter in, together with the
Protection it affords to the Cod Fiſhery, this bids fair to be one of the moſt
conſiderable Towns in North-America, notwithſtanding its Northern Climate;
being free from Ice the whole Winter.
The Number of Inhabitants is computed at 16,000, who carry on a con-
fiderable Trade in Furs and naval Stores, which, with their Fiſhery, and the
internal Circulation by the Reſidence of a Governor and a Garriſon conſiſting
of three Regiments of regular Forces, renders it a very flouriſhing Place.
Annapolis, a Town of leſs Note, is famous for its fine Bay in which a thouſand
Sail of Ships may ride at Anchor in Safety.
The Exports from Great-Britain to this Country, confiſt chiefly in Woolen
and Linen Cloth, and other Articles of Clothing; Fiſhing-Tackle, and Rigging
for Ships. The Amount of theſe Exports, upon an Average of three Years, is
eſtimated at 26,500l. annually. The Imports, conſiſting of Timber, Furs, and
Fiſh, amount to 38,oool. yearly.
of the Iſlands of Cape Breton and St. John,
HESE two Iſlands belonged to the French, but were taken from them in
the Year 1758, by the Engliſh Fleet and Army commanded by Admiral
Boſcawen and General Amherſt; and ceded to us by the following Treaty of 1763.
The principal Advantage of theſe Iſlands is their Situation for the Cod Fiſhery,
which throws the Whole of that invaluable Trade into the Hands of the Engliſh,
calculated by ſome at ſo large a Sum as eight hundred thouſand Pounds per An-
num Profit, employing at leaſt 1500 Ships, excluſive of large Boats,
At the ſame Time theſe Iſlands were taken, the French Neutrals (as they were
called) came from Nova-Scotia to our more Southern Settlements, by which that
lately ſettled Colony is ſecured from Inroads both from them and the Indians.
Of
4
GRE A T-BRI TAI N,
697
&c.
Of CANADA.
N the Year 1759, General Wolfe and Admiral Saunders being ſent with an Army
and Fleet from Great-Britain to attack this very conſiderable Settlement of the
French, their Armies were bleſſed with ſuch Succeſs that they made themſelves
Maſters of the City of Quebeck, the Capital of that Country, ſituated on the River
St. Laurence. At the ſame Time General Amherſt, the Conqueror of Louiſburgh
the Year before, with Sir William Johnſon, and a large Army of Regulars from
England, Provincials, and Indians, marched againſt the French Settlements at
Crown Point, Ticonderoga, and Niagara; the two firſt of which were abandoned
on the approach of General Amherſt, but Winter coming on, prevented his pro-
ceeding to Montreal, and thereby making a Junction with General Wolfe. While
this was doing, Sir William Johnſon beſieged Niagara; and an Army of French
and Indians coming to raiſe the Siege, he entirely defeated them, on which the
Place ſurrendered. --General Forbes marched with another Army to attack Fort
Du Queſne on the Ohio, which the French ſet on Fire and abandoned on his Ap-
proach. This finiſhed the Operations in this Country for the Year 1759.
In the Beginning of the following Year 1760, the French from Montrealattacked
the new Conqueſt of Quebeck; but raiſed the Siege on the Arrival of the Engliſh
Fleet, abandoning their Tents, Baggage, Artillery, &c. On the Approach of Sum-
mer, General Amberſt proceeded with his Plan for the entire Conqueſt of this
Country; and notwithſtanding the Difficulty of bringing up Artillery and ſup-
plying an Army with Proviſions at fo conſiderable a Diſtance from the Back Settle-
inents of our Colonies, he arrived at Montreal in the Beginning of September,
where he was joined by General Murray from Quebeck. The Day General Mur-
ray arrived, Articles of Capitulation were agreed on between General Amherſt and
the Marquis Vaudreuil
, Commander in Chief of the French Troops in that Čoun-
try, and Governor General of the Colony, for the Surrender not only of Montreal,
but of all Canada; of which Country, with all its Dependencies, the IVth Ar-
ticle of the Treaty of Peace following, gave us the entire Property, and thereby
ſecured our other colonies from the continued Dread of the Inroads made by ſuch
troubleſome Neighbours behind them.
This Country is of a prodigious Extent, and by its large Lakes and Rivers,
formed for the greateſt inland Navigation in the World. The French Inhabi-
tants, who remain in the Country and enjoy their Eſtates, amount to near 100,000.
Since Great-Britain became poſſeſſed of Canada, her Commerce with that
Country employs 34 Ships, and 400 Seamen. Their Exports, upon an Average
of three Years, in Skins, Furs, Ginſeng, Snake-Root, Capillaire, and Wheat,
amount to 150,500l. Their Imports from Great-Britain, in a Variety of Ar-
ticles, are computed at nearly the ſame. The Importance and Value of this
improvable Trade is ſelf-evident; for Canada fupplies us with unmanufactured
Materials, indiſpenſably neceſſary in many Articles of our Commerce, and takes
in Exchange the Manufactures of our own Country, or ihe Produce of our
other Settlements in the Eaſt and Weſt-Indies.
I have now done with our Settlements on the Continent, and ſhall next ſpeak
of our American Inands, equally beneficial to this Kingdom with the Eſtabliſh-
ments whoſe Trade I have juſt now deſcribed; and ſhall begin with thoſe
called the Caribbee or Antilles, and of theſe the principal is
BARBADOES,
W
HICH was primarily granted by King Charles I. (on his coming to the
Crown) to James Earl of Carliſle, who having fold ſome Parcels to ſeveral
Adventurers, they tranſported themſelves thither; and the firſt Improvement they
attempted was planting Tobacco; but this not ſucceeding according to Expectation,
they proceeded to try Cotton and Indigo, which afforded them much better Re-
But I find they made little or no Sugar till 1647, when the Colonels Mo-
diford, Drax, and Walrond, and ſeveral other Cavaliers, were induced, by their
uneaſy Situation in England under the Uſurper, to convert their Eſtates into
8 P
Money
turns.
698
GENERAL COMMERCE OF THE WORLD.
ز
Money, and feek a quiet Recefs in this fertile Iſle, carrying with them ſuch Ins-
plements and Machines as were proper for Sugar-Works, which they intended to
propagate, as feemingly the Commodity beſt adapted to the Soil, and in which
Experience has proved they were not deceived; for it is ſaid, that Colonel Draxi
in a few Years acquired an Eſtate of 7 or 80ool. per Annum, and married the
then Proprietor's (the Earl of Carlifle's) Daughter.
The Increaſe of its Riches and Inhabitants was a Conſequence of the Soil's Fer-
tility, and a Reward of the Planter's Induſtry, and I believe is unparalleled by
any Settlement, of any Nation whatſoever; as, in 1626, this Country was ſo far
from being ſettled, that it was quite uninhabited, affording nothing for the Sup-
port of Life, and overgrown with Shrubs and Bulhes, enough to diſcourage the
Attempts of the firſt Planters to clear it; yet, in the Space of fifty Years, this In-
cumbrance was quite deſtroyed, and by an exact Calculation there were in the
Iſland at this Period fifty thouſand white People (of whom twenty thouſand were
able to bear Arms) and eighty thouſand Negroes; a ſurprizing Populouſneſs on ſo
ſmall a Spot, and in ſo ſhort a Time! though it is probable the Inhabitants would
ſtill have encreaſed, had not an epidemical Diſtemper among the Whites, begun
in 1691, ſwept off ſuch Numbers of them, that the Calamity has not been re-
paired to this Day: and it is ſuppoſed, that at preſent there are not above thirty,
thouſand white People on the Iſland, and of Negroes, Mulattoes, and Meſtive
Slayes, about an hundred thouſand.
In 1661, this Iſland was purchaſed by King Charles II. of the Lord Kinnoul,
Heir to the Earl of Carliſle, ſince which Time it has continued unalienated by the
Crown: It lies in 13 Degrees of North Latitude, and 59 of Weſtern Longi-
tude, being about twenty-five Miles in Length, and fifteen in Breadth, very little
bigger than the Iſle of Wight, and ſuppoſed to contain, according to a round Com-
putation, an hundred thouſand Acres. The whole is ſo entirely planted with
Canes, that even the common neceſſaries are not cultivated or raiſed here; ſo
that Corn, Fleſh, and Fiſh, is for the moſt Part brought from the Northern Co-
lonies, beſides Fuel, and all Sorts of Staves and Boards.
Bridge-Town, or St. Michael's, is the only one of any Conſequence in the Ifland,
being ſituate in Carliſle Bay, and contains between ten and twelve hundred Houſes,
tolerably well built with Brick or Stone, defended by three Caſtles, and accom-
modated with good Wharfs and Keys, for landing and loading of goods.
The Product of the Iſle, as has already been remarked, is principally Sugar;
though beſides this, great Quantities of Rum are diſtilled from the Melaſſes,
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 ſupplied with
from hence, beſides the Advantage ariſing from an Employ of Shipping, ne-
ceffary to furniſh them with the Madeira Wine they want, this being the prin-
cipal Beverage of the Rich and Opulent in the Weſt-Indies.



more
Of St. Chriſtopher's, Nevis (or Mevis) and the other Caribbee Iſlands.
T
HE firſt of theſe ſtands next in Regard to Barbadoes, being about ſeventy-five
Miles in Circumference, and lies in the Latitude of 172. 25. on this Side the
Line. The Engliſh and French both took Poſſeſſion of it on the ſame Day, and in
May, 1627, divided it between them, continuing in perfect Amity till the breaking
out of the War, which deſtroyed the Harmony; and our Countrymen being
powerful than their Neighbours, drove them off the Premiſes, which by the
Treaty of Utrecht were confirmed to the Crown of Great-Britain.
Their chief Product is Sugar (of which in a common Year they make about
10,000 Hogſheads) but like the laſt mentioned Illand, this alſo yields ſome Gin-
ger, Indigo, and Cotton.
Nevis, or Mevis, was alſo ſettled by the ſame Perfons, and within a Year of the
ſame Time as St. Kit's was, and is commonly the Reſidence of the Governor of
theſe Leeward INands ; it is not above twenty Miles in Circuit, yet has maintained
between 30 and 40,000 Whites and Blacks, and produces about 6000 Hogſheads
of Sugar

Montſerrat
G Ř E A T-BRITAIN, &c.
699
from the French in the laſt War, and ceded to Great-Britain by the Treaty
Montſerrat was begun planting with Nevis, and ſeems to be near a Circle of
about three Leagues Diameter, more mountainous than any other of the Antilles, and
yet ſo fruitful in the Vallies and Plains as to produce from 2500 to 3000 Hogſheads
of Sugar (beſides fome other of the Commodities before mentioned, natural to
theſe Iſles) and to ſupport about 5000 white, and 12 or 14,000 black People *
Barbuda was as early ſettled as either of the two laſt-mentioned Illes, but being
different in its Products, and having met with greater Interruptions in their Settle-
ments, by frequent Incurſions from the Carribeans, there are not to this Day
2000 People at moſt in the Iſland, though theſe are all white, as their ſole Employ
is Huſbandry, for carrying on which themſelves are ſufficient without Slaves;
they raiſe Corn and feed Cattle, with which they ſupply their Neighbours.
Anguilla (as it is falſely wrote) or Snake Iſland (as it is more falſely tranſlated)
is about ten Leagues long, and three broad, ſomething Eel like, or Serpentine
in its Shape, and all fo level, that there is not a Mountain in it. The firſt Ad-
venturers ſettled here in 1650, and finding this, like Barbuda, fitter for raiſing
Corn and breeding Cattle, than other Productions, they brought their Stock with
them, and might, undoubtedly, like the Inhabitants of that INand, have made a bet-
ter Improvement in their Farming Buſineſs than they have done, had not Idleneſs
lulled them into a ſlothful Neglect of the Means Providence had put into their
Hands, of procuring a comfortable Subſiſtence; but they content themſelves
with a bare Sufficiency for Nature's Support, though not through the Inſtigation
of
any philoſophic Principles, but as the Reſult of a confirmed Sloth or Lazi-
neſs, which is as great as can be, and ſeems the Influence of the Air they
breathe, as many from Barbadoes, and every other of the Caribbee Iſlands have
been infected with it on their Arrival here; and it is carried to ſo high a Pitch,
that they live in a more lawleſs Manner than even their Predeceſſors, the Indians,
ever did, having neither Miniſter nor Magiſtrate among them; fo little Senſe
or Notion have they of Government or Religion.
They hardly amount to a thouſand People, and they have very little Sugar,
and I believe no Cotton, Indigo, or Ginger among them.
Antego, or Antigua, is about fixty Miles in Circumference, and was granted by
King Charles in 1663, to Francis Lord Willoughby, Governor of Barbadoes, on
which he ſettled a Colony in about three Years Time; it however afterwards by
ſome means reverted to the Crown. Its principal Town is St. John's, the Re-
fidence of the Governor, and, of late Years, a Royal Dock-yard, and a conſidera-
ble naval Eſtabliſhment has been made there, which has greatly increaſed the
Trade and Population of the Town and of the whole Iſland, which is ſuppoſed to
contain 7000 Whites, and 30,000 Negroes, Slaves to the former. The Products
of the Illand for Exportation are Sugar, Ginger, Indigo, and Tobacco: The Soil
in moſt Places is but indifferent, the Heats are greater than in Barbadoes, &c.
and the Hurricanes more frequent and deſtructive.
Grenada is 25 Leagues in Circumference, and has ſeveral good Bays and Har-
bours, ſome of which are fortified. It is ſituated in 11. 15? North Latitude,
about 30-Leagues South Weſt of Barbadoes. There are ſeveral ſmall Iſlands that
lie to the Northward of Grenada, called the Grenadillas, which, after being re-
were all ceded to us by the late Peace of 1763; and with the three hereto-
fore neutral Ilands, Dominica, St. Vincent, and Tobago, conſtitute one of the
four Governments of Britiſh America, to which Grenada gives Name. [Grenada
was taken by the French, and is in their Poleſion; 1782.]
Dominica has a central Situation between Guadaloupe and Martinique; it is
about twenty-eight Miles in Length, and thirteen in Breadth. It was conquered
of Peace in 1763; but being ſo ſituated as to intercept the Communication
with Guadaloupe and Martinico in Time of War; the French, early in the
preſent War, before we were prepared for the Blow, recaptured it, and it remains
with them at preſent, 1782.
St. Vincent and Tobago, Iſlands of inferior Conſequence, the former about
twenty-four Miles in Length, and eighteen in Breadth; and the latter, thirty-
* St. Chriſtopher's, Nevis, and Montſerrat, by the Fortune of War, have fallen into the Hands of the French
and remain in their Poffeflion at preſent, 1782.

,
duced,

two
700
GENERAL COMMERCE OF THE WORLD.
two in Length, and nine in Breadth, belong to the French, the latter being re-
taken from Britain in the preſent War, after the Britiſh Planters and Merchants
had been at a conſiderable Expence in cultivating it. Indigo, Coffee, Sugar, and
Rum are the chief Products of all theſe Iflands.
Of JAMAICA.
TH
HIS INand, one of the largeſt in America, is of an oval Form, near a hundred
and forty Miles in Length, and about ſixty in Breadth; it is ſituated in the
Atlantic Ocean, between ſeventeen and eighteen Degrees of North Latitude, and
from ſeventy-fix to ſeventy-nine of Weſtern Longitude, about twenty Leagues
Eaſt of Hiſpaniola, and as many South from Cuba. Its Length in Engliſh Milesis
140, and its greateſt Breadth 60. It is very fertile, and produces ſeveral Com-
modities more than any other of our Plantations do, as Cocoa, Pepper, and wild
Cinnamon; of the firſt, however, there is a much leſs Quantity growing, than
there was when the Spaniards were Maſters of this Ine, proceeding from the Ig-
norance of the Engliſh in its Cultivation, it being of a very delicate Nature, and
requiring great Care to ſhade and nurſe it, otherwiſe it continues barren, pines,
and dies; and notwithſtanding every Precaution is practiſed, that has come to the
Knowledge of our Countrymen, they cannot bring it to fructify as it formerly did;
of Pimento there are great Quantities, which from its Form, and the Place of its
Growth, is called Jamaica Pepper, and commonly here in England All-Spice; be-
ing of a fine high Flavour, and deſervedly reckoned the beſt, and moſt temperate
of the many aromatick Drugs brought to us, principally from the Eaſt-Indies.
The Bark of the wild Cinnamon is coinmonly, though falſely, called Cortex Win-
teranus, and is ſold here as ſuch; but this latter is a Native of the Straits of Ma-
gellan, from whence it was firſt brought by Captain Winter, who accompanied Sir
Francis Drake in his Voyageround the World. Beſides theſe Commodities, there
are ſeveral other Productions natural to Jamaica, as Cotton, which grows herein
great Plenty, and finer than that of the Caribbee Iſlands;Tobacco, though culti-
vated in ſmall Quantities, Abundance of Fuſtick, Redwood, Logwood, and others,
for Dying; beſides ſeveral Sorts of Wood that are ſweet ſcented. The Inand alſo
abounds in Medicinal Herbs and Drugs, as Guaiacum, China, Sarſaparilla, Caſſia,
Tamarinds, Vanilloes, Variety of Milīletoe, and ſeveral falutary Gumsand Roots.
Copper Mines have been diſcovered here, of which Metal I have ſeen a Sam-
ple from thence very fine and good; but all theſe Products muſt give Place to the
Sugar Cane, which has brought ſuch immenſe Riches to the Inhabitants; and the
Quantity is not only very great, but the Quality ſuperiour even to that of St.
Chriſtopher's which is accounted the beſt in the Leeward Inands. It is difficult to
aſcertain the Number of the Inhabitants; but Computations lately made demon-
ſtrate that Jamaica is not ſo populous as it was at the Beginning of the preſent
Century. We now reckon only about 25,000 Whites, and 90,000 Negroes;
whereas at the former Period it was ſuppoſed to contain 70,000_Whites, and
120,000 Negroes. The Inhabitants are all ſupplied with Clothes, Furniture, &c.
from Great-Britain.
The Exports of the Iſand conſiſt of three principal Articles of native Growth:
Sugars of which they export, after good Seaſons, about 20,500 Hogſheads an-
nually; eſtimated in England at near 425,000l.. Moſt of this goes to London,
Briſtol, and Glaſgow; and from the two former to Ireland, before the Reſtrictions
on the Commerce of that Kingdom were removed: Some Part is likewiſe ſent
to North-America, and bartered for Staves, Planks, Pitch, Tar, and Proviſions.
Rum, of which they export about 4000 Punchions. Melaſſes, with which they
trade principally to New-England. Cotton, of which they export about 2000
Bags.
I cannot quit the Subject without mentioning another beneficial Commerce
chiefly carried on from this Iſland, viz. that of cutting Logwood in the Bay of
Campeachy, to which we have an undoubted Right; and this has been ſo clearly
proved by many Authors, as to put the Matter beyond Diſpute, notwithſtanding
thecontinued Depredations of the Spaniards on this Account, to the no ſmall De-
triment of thoſe who are concerned in this Branch of Buſineſs, and conſequently
4.
to
GREAT BRITAIN, &c.
701
to this Nation in general, as no leſs than 14,935 Tons, 39. 41b. were imported
in the Years 1713, 1714, 1715, and 1716; and were the Cutters properly pro-
tected, a Sufficiency might now be brought in for our own Uſe, and that of our
Neighbours, without any Expence to the Government; and as this is not only
clear Gain, but occaſions the additional Benefit of employing a conſiderable Num-
ber of Ships, I think it challenges a ſuitable Regard, as from what I have here
mentioned, it may reaſonably be concluded, that the Profit accruing thereby,
cannot be put at leſs than 100,000l. a Year.
Of the Lucayos, or Bahama fjands.
T.
HESE lie in the Atlantic Ocean, between 21°. and 27º. of Northern Latin
tude, and from 73°. to 81º. of Weſtern Longitude, taking their Names from
one of them called Bahama, which is ſituate in the Latitude of 26°: 30' at the
Diſtance of between twenty and thirty Leagues (ſay ſome, and 50 Leagues as
others aſſert) from the Continent of Florida; but Providence (lying in the midſtof
them) has been pitched on as the Seat of Government, when any has been ſettled
here.
Theſe Iſlands were granted by King Charles II. to George Duke of Albemarle,
and ſeveral other Noblemen, who ineffectually endeavoured to people them; for
as ſoon as ſome Adventurers were got there, they were driven off by the French
or Spaniards; and when this was not the caſe, they contumacioully roſe againſt
their Governors, whom they either deſtroyed, or ſent them away Priſoners, to the
Diffolution of all Polity and their own Deſtruction; ſo that after ſeveral Settle-
ments made, and ſucceſſively deſtroyed, either by the Enemy or themſelves, theſe
Ilands became a Refuge for Pirates, till 1718 when King George I. appointed
aGovernor, who once more eſtabliſhed a Colony here, where there may now be be-
tween fifteen hundred and two thouſand People; though the having a Force in
theſe Parts, ſeems more the Motive to their Settling, than what is expected from
their Products, for as yet theſe have been but trifling, conſiſting in a little To.
bacco, Sugar, &c.
Of the Bermudas, or Summer Iſlands,
THESE received their primitive Denomination from one Bermudas a Spa-
niard, their firſt Diſcoverer ; and were afterwards called Summer Iſlands, from
Sir George Summers, who was ſhipwrecked, and in another Voyage there reſigned
his Breath. They lie within the Limits of the Grant that was made to the Virginia
Company, who fold them to an hundred and twenty Perſons of their own Society,
and theſe afterwards obtained a Charter from King James, which confirmed their
Property. This new Company ſoon endeavoured to render their Land profitable,
by the Eſtabliſhmentof a Colony, and accordingly fent a Ship there with the firſt
Adventurers in 1610, under the Direction of Mr. Richard Moore, who made them
an excellent Governor, and ſoon put them in a Capacity to defend themſelves,
by building a handſome Town and ſtrong Forts, and by his prudent Management
he diſappointed the Spaniards Attempts to land on, and conquer theſe Idlands in
1614. His firſt Settlement was upon a Plain in St. Georges's Iſland, where, from
a Habitation of Palmeto Leaves, ſprang up St. George's Town, one of the ſtrong-
eſt and beſt built in our American Colonies.
This worthy Man was ſucceeded by Capt. Daniel Tucker, who being a Perlon
of a ſuperior Education to his Predeceſſor, and having ſeen more of the World,
exerted his Talents in Favour of the Colony now put under his Care, and eſta-
bliſhed a regular Form of Government, traced out Plantations, and obliged every
one to build uniformly in the Town, and to plant regularly in the Country, ſo
that a beautiful Symmetry was ſeen through the whole of their Improvements,
and Pleaſure 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 thoſe already ſettled there, ſo that the Colony began now to make a Fi-
8Q
gure;
T
1
TO2
GENERAL COMMERCE OF THE WORLD.
gure; ſome Laws were ſettled, the Government directed to be, by Governor,
Council, and Aſſembly, as in our other American Plantations, and Capt. Tucker
having before eſtabliſhed a Militia, they were ſecured againſt the Attacks of any
Enemy.
The Number of theſe Iſlands are uncertain, as by fome they are reckoned to be
three hundred, whilſt others make them above five hundred. They lie in the
Latitude of 329. 30' North, and in 35'. of Weſtern Longitude, a great
Diſtance from the Continent, as the neareſt Land, which is Carolina, lies at leaſt
two hundred and fifty Leagues (as Mr. Harris, or four hundred and eighty Miles,
as Mr. Echard ſays) to the Weſt of them,
The Air is deemed extremely wholeſome, and the Country vaſtly pleaſant; the
Soil is rich and fertile, inſomuch that Indian Corn (their chief Support) is reaped
twice here, between the Months of March and December, and all the Plants,
Flowers, and Trees peculiar to the Weſt-Indies grow here in great Perfection, as
thoſe tranſported fromEurope do; and beſides, among the Fruits, the Oranges here
in every Reſpect exceed thoſe either of the Eaſt or Weft-Indies, as among the Fo-
reſt Trees the Cedar does for any Uſe or Purpoſe whatſoever, more particularly in
Ships, ſo that the Bermudas Sloops are become famous, both for Service and
Sailing
St. George's Town (the Capital) has no leſs than ſeven Forts to defend it, though
indeed the whole Coaſt, and the unknown Rocks, are natural Bulwarks to this
Country, ſo that the Inhabitants live free from the Apprehenſions of an Enemy,
and as happy as a mild Government, and a delightful Country, can make them. It
is true, that the pleaſing Proſpect of Riches has been the principal Attraction to
the peopling of moſt of our other Colonies, though the ſettling theſe Illes was ap-
parently from different Motives, as their Trade is very limited, and conſequently
the Opportunities of making a Fortune very rare; ſo that the greateſt Induce-
ment the State had to ſettle them, was to keep them from being poſſeſſed by any
other Nation; but that ariſing to the Adventurers, was to ſecure to themſelves a
ſafe 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 diſturb them;
ſo that many with this philoſophick Diſpoſition, and that could content them-
ſelves with the Pleaſures and Plenty of the Country, retired here with their For-
tunes, as others did to procure or preſerve Health, and ſome few on Account of
Religion.
Their Trade chiefly conſiſts in Timber and Proviſions (which they ſend to the
other parts of America) a ſmall Quantity of Tobacco, and the building of Sloops,
as before-mentioned ſo that though it has for ſome Time been a very flouriſh-
ing Colony, it is very little beneficial to the Mother Country, otherwiſe than by
the Clothing and other Neceſſaries it takes from us, which cannot be inconfi-
derable, when the ſmalleſt Computation makes the Inhabitants to be in Num-
ber at leaſt nine thouſand.

Of NEWFOUNDLAND.
very
warm
Our Right to this Island has already been inconteſtably proved by ſeveral good
lies between 47 and 50° Northern Latitude, and is fo far from being that cold
and inhoſpitable Country that many have repreſented it, that St. John's and ſome
other Places have been conſtantly inhabited for many Years paſt: it is
in the Summer, and though the Snows lie long in the Winter, moſt Sorts of Eu-
ropean Fruits grow wild here; however, were there fewer in Number, and the
Soil much worſe than it is, the Advantages of our poffefling it would fill ſubfift
,
as theſe do not reſult from what grows here, but from the Fiſhery upon
its Coaſts
and Banks, and the natural Conſequences of it.
Mr. Parkhurſt has given us an Account of its State in 1578, when he ſays, there
were about fifty Sail of Engliſh, one hundred Sail of Spaniſh, beſides twenty or

5
thirty
GREAT - BRITAIN, &6.
703
OUR
thirty Sail of Biſcayneers, fifty of Portugueſe, and a hundred and fifty French Ships,
employed upon that Coaſt, ſo that the Fiſhery muſt have begun long before, to be
at ſuch a Height fo early, and the Importance of it was quickly diſcovered by
Queen Elizabeth's wiſe Miniſtry, and by them fo encouraged, that towards the
Cloſe of her Reign, upwards of two hundred Sail of fiſhing Veſſels were em-
ployed, and theſe navigated with more than eight thouſand Seamen.
The Fiſhery has much increaſed ſince the ſole Poſſeſſion of it was confirmed to
the Crown of Great-Britain; and though it is impoflible to aſcertain the Quantity
caught here, I am perſuaded, from what I have known carried Abroad, that it
muſt be at leaſt between three and four hundred thouſand Quintals, which is ſo
much Treaſure got from the Bottom of the Sea, beſides the Requiſites for carry-
ing it on, ſent from hence thither, ſuch as Biſcuit, Beef, Pork, Butter, Cheeſe,
Linen, and Woolen Cloths, Nets, Hooks, and Lines : It alſo breeds a great Num-
ber of Sailors, and employs a great Number of Ships, which occaſions a very con-
fiderable Circulation in the Trades dependent on them, ſuch as Shipwrights,
Boat-builders, with other Mechanicks and Manufacturers; ſo that this Buſineſs
may juſtly be compared with the Mines of Peru for Riches, but to exceed them
by far in the other conſequent Advantages, of increaſing Power, and comfortably
providing for the many thouſands engaged in the different Branches of it.
I now return to Europe, after my Tour through Africa, Afa, and America,
where I have only our Trade to the Baltick, or with the northern Crowns, left
to treat of; and as Muſcovy ſtands foremoſt in Dignity, I ſhall give it the ſame
Preference here, and begin with
An Account of the Trade between Great-Britain and Ruſſia, carried on by the
Ruffia Company.
UR Trade with the Ruſſians is very conſiderable, and was always greatly en-
couraged by the Britiſh Government; but the flouriſhing State of our Ame-
rican Colonies would have reduced our Imports of Naval Stores from Ruſia, if
the unhappy Revolt of the North American Colonies had not taken place, which
has again increaſed the balance of Trade, which was always againſt us, with this
Empire. The ſtrong political Alliance which has taken place between Great-
Britain, and the preſent illuſtrious Empreſs of Rufia, CATHARINE II. has like-
wiſe greatly contributed to advance her commercial Connections with us; but ſtill
the Improvements made in the Linen Manufactures of Ireland and Scotland have
contributed not a little, of late Years, to diminiſh our Demands for ſimilar Manu-
factures from Rufia, particularly in the Articles of Sail-Cloth, Sheeting, coarſe
Linens for Towels, table Linen, &c.
This Commerce is carried on by a Company, projected in the Reign of Edward
VI. though not eſtabliſhed by Patent, till the 6th of February, in the 1 and 2 of
Philip and Mary, whereby was incorporated, The Merchants Adventurers for the
Diſcovery of Lands unknown, and not before frequented, with Power that the ſaid
Fellowſhip ſhould have the fole Trade to all the Main Lands, Illes, &c. of the
Emperor of Ruſſia; which Letters Patent were, by an Act of Parliament 8 Eliz.
(not printed) confirmed to the ſaid Company, by the Name of the Fellowſhip of
Engliſh Merchants for Diſcovery of new Trades, with an Excluſion of all other
Subjects from this Trade, without the Conſent of the Governor, Conſuls, and
Affiſtants; though by 10 and 11 Will. III. Cap. 6. Sect. 1. it is enacted, that
every Subject of this Realm, defiring Admiſſion into the ſaid Fellowſhip, called
the Ruſſia Company, on Requeſt to be made to the Governor, Conſuls, and Al-
fiítants, or any three of them, ſhall be admitted into the ſaid Fellowship, paying
for ſuch Admiſſion 51.
Any Perſon reſiding in any out Port, or other Place within this Realm, ſhall be s.3.
admitted on the ſame Terms.
And it is fince enacted, That from and after the 24th of June, 1741, any Perſons 14 Geo. II.
free of the ſaid Fellowſhip of Engliſh Merchants for Diſcovery of new Trades,
commonly called the Ruſſia Company, exclufive of all others, may import into this
Kingdom, in Britiſh built Shipping, navigated according to Law, from any Place
belonging
to Ruſia, raw Silk, or any other Commodities, of the Growth or Manu-
facture

P. 677
704
GENERAL COMMERCE OF THE WORLD.
P. 678.
23 Geo. II.
P. 584.
facture of Perſia (provided ſuch Manufacture be made of the Produce of Perhia)
being purchaſed by Barter, with Woolen or other Manufactures, exported from
Great-Britain to Rufia, and from thence carried into Perha (Gold and Silver in
Coin or Bullion excepted) or with the Produce ariſing from the Sales of ſuch Ma-
riufactures, ſo exported to Ruſſia, and carried into Perha, upon paying or ſecuring
the Cuſtoms and other Duties now payable, by any Law now in Force, according
to ſuch Rules, and with ſuch Drawbacks, and under ſuch Penalties, as are by Law
preſcribed, on the Importation of the like Goods of the Growth, Produce, or Ma-
nufacture of Perſia, imported into this Kingdom from any Place in the Levant
Seas, by any Perſons free of the Levant or Turkey Company; any Thing in the
Act of 12 Car. II. to the contrary notwithſtanding.
No Silk, or other Manufactures of Perſia, ſhall be imported into Great-Britain
through Ruſſia, by Virtue of this Act, unleſs the Importers take an Oath, or Affir-
mation, before the Collector, Cuſtomer, or Comptroller of his Majeſty's Cuſtoms,
at the Place of Importation; that, to the beſt of their Knowledge, the Silk, and
other Manufactures of Perſia, contained in their Entries, were truely purchafed by
Barter with Woolen, or other Manufactures, exported from Great-Britain to
Ruſſia,and from thence carried into Perſa (not being Gold or Silver in Coin or Bul-
lion) or with the Produce ariſing from the Sales of ſuch Woolen, or other Manu-
factures exported as aforeſaid: And in Default of taking ſuch Oath or Affirmation,
all the Manufactures of Perſia, ſo imported from Ruſſia, ſhall be liable to be for-
feited, as if the ſame had been imported, contrary to the ſaid Act of 12 Car. II.
This Act does not extend to the permitting the uſing or wearing in this King-
dom any wrought Silks, or other Commodities of the Manufacture of Perſia,
mentioned in the Act of 11 Will. III. which Act is hereby confirmed, &c.
Whereas ſoon after the Commencement of the aforeſaid Act of 14 Geo. II. a very
beneficial Trade between Great-Britain and Perfia thro’ Ruſia was opened, whereby
great Quantities of raw Silk, and other Goods and Commodities of the Growth or
Manufacture of Perſia, were imported in Return for the Woolen and other Ma-
nufactures and Goods of Great-Britain, upon much eaſier and more advantageous
Terms, than the ſame could have been otherwiſe procured; but the ſaid Trade
having been for ſome Time paſt interrupted, the Subjects of Great-Britain not
having been of late permitted, to tranſport Britiſh Manufactures and Commodities
3.585. into Perſia through Ruſſia,in Conſequence whereof, the Importation of raw Silk, and
other Commodities of Perha from Ruſſia, hath been diſcontinued: And as it would
be of great Advantage to the Trade of this Kingdom in general, as well as contri-
bute to the Increaſe and Improvement of the Silk Manufactures in particular, if raw
Silk of the Growth or Produce of Perſia, purchaſed in Ruſſia, were permitted to be
imported from Ruſſia, in Return for Woolen and other Manufactures exported
from Great-Britain to Ruſſia, although the ſame be not carried from thence into
Perſia, it is enacted, That from and after the 25th of December, 1750, all Perſons
free of the Ruſia Company, excluſive of all others, may import into this Kingdom
from Ruffia, in Britiſ built Shipping, navigated according to Law, raw Silk of the
Growth or Produce of Perha, which ſhall be purchaſed by Barter, with Woolen,
or other Manufactures or Commodities exported from Great-Britain to Ruſſia,
although the ſame be not carried from thence into Perſia (Gold and Silver in Coin
or Bullion excepted) or with the Produce ariſing from the Sale of ſuch Commo-
dities, and not otherwiſe, upon paying the Cuſtoms and other Duties, &c.
P. 586.
No Silk of the Growth or Produce of Perſia ſhall be imported from Ruſia, by
Virtue of this Act, unleſs the Importer make Oath before the Collector, &c. that
it was purchaſed by Barter, &c.
This Act ſhall not deprive the Eaſt-India Company of any of the Powers and
Privileges, &c. which belong to them, or which they might have enjoyed if this
Act had not been made.
In Conſequence of theſe Acts, the Company have ſomething increaſed their
Trade, and would undoubtedly have enlarged it more, had not the Troubles in
Perha put a Stop to their Deſigns.
In Return, we import from thence (extra of the Perſian Commodities) Pitch,
Tar, Bees-Wax, Ruſia Leather, Skins, Furs, Pot Alhes, Iron, Copper, Hemp,
Flax, Linens, and Linen Yarn, Linſeed, Cavear, Sail-Cloth, &c.

4
And
GREAT - BRITAIN, &c.
705
Of The
And our Exports are, Woolens of various Sorts, Silks, Paper, Mercery, and
Hard-wares, Arms, Powder, Brimſtone, Lead, Tin, Pewter, Herrings, Incenſe,
Copperas, White Lead, Dying Woods, Gold and Silver Thread, Lace, Sugar,
Pepper, Tobacco, &c.
Of the Trade between Great-Britain, Denmark, and Norway.
THO
HOUGH the Danes are Maſters of one of the ſafeſt and fineſt Ports in Eua
rope, I mean Copenhagen, yet their Trade has always been inconſiderable,
comparatively with that of other Powers, as their Country affords but little to-
wards carrying it on; however of this I ſhall have Occaſion to ſpeak when I come
to treat of thoſe Kingdoms: Our Exports there are but trifling, being reduced to
a few Woolens, Paper, Drugs, Pepper, Tin, Herrings, &c. and as our Imports
greatly exceed our Exports in Value; this muſt conſequentially be a very loſing
Trade to us, and as ſuch ſhould have been dropped long ago; more eſpecially as
every Commodity we receive from thence, might be better furniſhed from our
own Plantations, they conſiſting principally in Pitch, Tar, Fir, Timber, Deals,
Maits, Yards, Spars, Baulks, ſome few Furs, Skins, &c.
Of Great-Britain's Trade with Sweden.
HIS is a more confiderable, though not a more beneficial Commerce than
T
be remedied by the frequently propoſed Means, of encouraging a Supply from
our own American Settlements, as the Imports from thence are pretty near of
the fame Sort with thoſe from Denmark, viz. Pitch, Tar, Hemp, Flax, Furs,
Copper, and Iron; and they in Return take from us, Broad Cloth, fine Stuffs,
and ſome other Woolens, wrought Iron, and Braſs, Horological Works, Paper,
Pepper, Tin, Herrings, Drugs, &c.
Of the Commerce between Great-Britain, Poland, and Pruſſia.
TH
THIS Trade is of no great Importance, nor varies much from the two laſt
mentioned, though it is not ſo ſmall neither as to be left out in a Work of
this Nature, as' it takes off pretty large Quantities of our Manufactures, though
principally from the Dutch: Poland has no other Ports than Dantzick and Elbing,
from whence we import Naval Stores (as from Denmark and Sweden) with ſome
Iron, Steel, Pot Aſhes, Sturgeon, Linen, and Sail Cloth; and, in Return, ſend
them ſeveral sorts of Woolens, Herrings, Mercery, and Drapery; ſome Tobacco,
Sugar, Rice, &c. as we do the Stetiners in Pruſſia, though from thence we re-
ceive but very little in Return. Dantzick alſo furniſhes us with Spruce Beer,
and Bees Wax, as both this and Stetin do with Eaſt Country Plank.
There
obi
Of the Trade which Great-Britain carries on with the Auſtrian Netherlands.
THIS is a very extenſive and beneficial Commerce, as it takes off great Quan-
We ſupply them with a vaſt Variety of Articles, the chief of which are York-
fiire Woolen Cloths, particularly White-plains for clothing their Military;
Norwich Stuffs, Mancheſter Cottons, fine Worſted Stockings, Hard-ware of all
Sorts, Paper-hangings, Crockery, Rock-Salt, Slates, Alumn, Tin, Lead, and
fince the Port of Oſtend has been made free, Houſehold Furniture, Sadlery,
Horſes, &c. In fine, for the Extent of it, Great-Britain does not enjoy a more
beneficial Branch of Commerce; the Returns being principally made in Specie.
Our Imports conſiſt of Thread-Lace, a ſmall Quantity of Damaſk Table Li-
nen, Lawns, and other fine Linen, Rags for our Paper-Mills, Apples, Potatoes,
old Iron, and other trifling Articles.
This finiſhes my Account of the Trade of Great-Britain, which I have endea-
voured to render as plain to my Readers as I poſſibly could in fo limited a Space:
And I now proceed to give an Abſtract of that carried on in Ireland, which I ſhall
do in the fame Manner as I have hitherto obſerved, by diſplaying the Greatneſs
of its Product and Manufactures, and then adding an Account how they are dif-
poſed of, but
SR
8.
Root
Of

706
GENERAL COMMERCE OF THE WORLD.
THE
And the ſaid Gentleman ſuppoſes it very probable that their Exports, from the Re-
ſtoration to the Revolution, did not exceed 600,000l. per Ann, which on the Pro-
hibition being then laid upon their exporting live Cattle and Sheep into England,
ſerved, that their Exports increaſed in 1696, 1697, and 1698, though their Im-
ports did not riſe in Proportion, which occaſioned the Balance of this laſt Year
the Reaſons aſſigned for it are their falling into the Woolen, and at the ſame
Time laying a Foundation of the Linen Manufacture; beſides, it being the ſuc-
ceeding Year to the Peace of Ryſwick, Trade began to revive, and occafioned a
Of IRELAND.
THE Products of Ireland, as has been already ſhewn, are ſimilar to thoſe of
Great-Britain; and it was always the Opinion of the beſt commercial
Writers, that if the Reſtraints laid upon her Commerce by Britiſh Acts of Par-
liament ſhould ever be taken off their Manufactures would be equal in Quantity
and Quality, if they did not riſe to a Degree of Superiority from the Cheapneſs
of Labour in Ireland. We have now ſeen theſe Reſtraints removed, and a new
commercial Syſtem eſtabliſhed, founded upon this Maxim, that the commercial
Improvement of Ireland muſt, in the End, prove advantageous to Great-Britain.
What Effect the Freedom of Trade granted to that Kingdom may produce, Time
alone can diſcover; it muſt, therefore, be reſerved for a future Edition of this
Work, to give a freſh State of the liberated Trade, after both Countries have ex-
perienced the propoſed Benefits of this ſtriking Revolution. In the Interval, we
have thought it our Duty not to expunge any Part of the old Detail, as it may
be very uſeful to refer to former Eſtimates and Calculations, if it were only to
form Compariſons between the paſt and the progreſſive Commerce of the two
Kingdoms.
They poſſeſs the Principles of the Woolen Manufacture (viz. Wool, Fuller's
Earth, &c.) in as great a Degree of Perfection as we, and the Cheapneſs of their
Living gives them vaſtly the Advantage in working them up, both in Reſpect of
the Value of the Materials, and the Price of Labour; ſo that were not their Ex-
ports thus prohibited, their Commerce would greatly claſh with our's, and this
Interference prove prejudicial to both; therefore to alleviate this ſeeming Hard-
Thip as far as a prudential Care of our own Trade will ſuffer, the Iriſh are permit-
ted, not only to introduce their Wool here, but to import their Yarn alſo, which
they annually do to the Amount of forty thouſand Packs; and though this Reſtric-
tion undoubtedly contracts their Trade, and reduces it into a much narrower
Compaſs than would otherwiſe bound it, yet this being the only one they are
burthened with of ſuch a Nature, their foreign Trade is very conſiderable, not-
withſtanding it is confined to the mere Produce of their Land, and Linen-Looms;
the firſt of theſe conſiſts chiefly in Beef, Pork, Butter, Leather, Tallow, and
Corn, and for the Diſpatch of what is ſuperfluous, and unconſumed at Home,
they have different Channels, viz. to Flanders they ſend Tallow and Leather,
in great Quantities ; and Butter to Holland. France and the Britiſh Colonies take
off large Parcels of their barelled Beef, as theſe latter do now of their Linens,
which are alſo permitted to be imported here Duty free, ſo that many Millions
of Yards are annually brought in; they likewiſe ſend yearly good Store of Pilchards
and Herrings to Spain and Portugal; ſo that their Exports are very great. How-
ever, to give my Reader a better Idea of them, I ſhall borrow ſome Extracts of
the Imports and Exports from Mr. Dobbs's curious Calculations, and add ſome
of his Sentiments concerning the Commerce of that Iſland, of which his Writ-
ings prove him to have been a perfect Maſter.
In the Year 1681 the Exports amounted to 5828141. and the Imports to 4330401
.
295592
1696
398237
1697
525004
1698
996305
chiefly conſiſted of Wool, and the Produce of their Cattle; and it
may


1695
391524
334963
423182
576863
be
briſker Demand for Iriſh Proviſions.
Thc
I
Í R E LAND,
707
&c.
-
Years.
101
S.
2
66
4
2
2
1710
1711
1712
1713
1714
The following is a continued Abſtract of the ſaid Imports and Exports from
1710 to 1726, ending at Lady-Day.
Exports.
Imports.
Balance. Contra Balance.
l.
d. 1.
d. 1.
d. 1.
d.
712497
55424Ż 12 158249 10
878237 4 10 670948 13 8207288 II
88933970 774420 12
6: 114918 14 65
890437 5 35 659665 0 10 230772 4 5
1422227 7 5
1016122 13 7 406104 13 10
1715
1529765 14 14 972688 9 114| 557077 4 25
1716 1255083 7 10 875565 19 11 379517 7 10,
1180012 10 4" 907160 10 10 272851 19 5.
1718 1115304 61
887758 16 6 227545 10 42
10383817
891678 561146703 7
1720
859581 5 1 683364 i 65 176217 37
1721 986346 14. 2 730558 10 9:255788 3 47
1722 1074269 12 829367 17 21 244901 15 0
1723
1090675 13 52 920802 II 6 169873
1724 | 1053782 13 11; 819761 13 3: 234021 84
1725
1026537 6 4 . 889832 18
5 136704 7 10%
1726 1017872 15 4+ 1030059 16 41
12187 0

1717
1719
Iż
I
3.
2
I II
18020351 -14 2 14114004 5
2 141 14004 5 1 3906 347 9 I 12187 I 0
This Abſtract affords Matter of Remark in the ſeveral Riſes and Falls both in
Exports and Imports it acquaints us with, which irregular Startings Mr. Dobbs
imputes to the Quantity of Linens exported, or to the failing or abounding of the
Crop of Seeds at Home; ſo that as both, or either of theſe, were more or leſs, the
Import and Exports roſe and fell in Proportion.
I now add a Calculate of the Ships (and their Tonnage) empoyed in carrying
on this Trade, as alſo of the Proportions the ſeveral Nations concerned therein
bear with the Iriſh, by giving their Tonnage 1722 and 1723.
Years com- Number Tons. (Tonnage of In Tons. Tons
mencing
of
Ships at a 1722
Lady-Day Ships.
Medium.
1714 3081161115
52.27 Engliſh 218299 96440
1719 3341 135887 40.67 Scotch 18355 19247
1720 3167187041
59:09 Iriſ
33312 42136
1721 3334 158414 47.51 Daniſ
9292
1722 3657 286594
78.36
Dutch
2444 3915
1723 4012 173986 43-36
French 2868
2751
1724 3829 170273
Spaniſh

in 1723
I I201
44-46
115
205
Total
Medium
24421 1273310
34887
181901
52.14
Total
286594 | 173986
And I ſhall next ſubdivide their Exports and range them under their ſeveral
Heads, viz. the Produce of Cattle and Sheep, of Grain, Fiſh, Linen, Rape;
others not reduceable to theſe Heads, as Iron, Wood, &c. and Goods re-ex-
ported; and of all theſe in their Order, commencing with an Abſtract of their
grazing Produce, and herein diſtinguiſhing between Sheep and other Cattle for
eight Years, ending Lady-Day 1727, and ſtrike Mediums as I go along.
An
•708
GENERAL COMMERCE OF THE WORLD.
S.
I
An Abſtract of the Value of the Produce of Cattle and Sheep exported.
Years. Produce of Cattle. Years. Produce of Sheep.
1.
d..
1.
d.
1719 530,830 16 7 1719
109,942 8
445,946 10
3
1720 89,401 II
485,699 13 57 1721 135,196 11 IL
1722 506,337 6 10 1722
162,476 3
3 42
1723 502,962 14 10 1723 187,284 - 3 4
1724
524,710 II 2
1724 132,148 19
1725
505,769
1725 95-730 13
1726 473,937 19 87 1726
101,942 7 7 9
1720
1721
o
I
Total—3,976,194 13 52
Total-1,014,122 12 11
Med.-- 497,024. 6.
6. 8
Med.
1 26,752 17
Medium of Cattle and Sheep 623,777 3 9
I
The Produce of the Exports of Grain and Fiſh,
Years.
Years.
s. d.
1719
1720
1721
1722
1723
zaman
Grain.
1.
56,145 011
44,253 2 2 43
38,208 15 8
17,664 12 11
42,154 3 87
47,410 4
18,515 3 9
27,005 4
1719
1720
1721
1722
1723
1724
1725
1726
Fiſh.
1.
d.
15,169 16 6
13,669 10 9
12,055 10
16,246 17 5
II,313 12 10
15,713 9 7
17,544 10
6
1724
I
O
1725
1726
2
15,911 16
Total-291,356 5 10
Med.- 36,419 10 8
Total-117,625 3 9!
Med. 14,703
2 II
The Produce of the Exports of Linen and Rape.
Years.
Linen.
Years, Rape.
1.
d.
1719
268,021 13
1. S. d.
1720 214,217 13
6
1720 7,383 84
1721 259,519
8
1721 2,234
1722 312,964 12
1722 641 10
1723
281,549 13
6
1723
450
1724 275,573 9 10
1724 1,464 0
1725 323,628 16
1725
10,849
1726 342,295
1726 2,205 13 2

O
0
0
O
O
O
O
o 9
Total—2,277,770 6.7
Med, 284,721 5 9
Total—25,207 II 6
Med. - 3,601 171
The
I R E L AND,
709
&c.
1
The Produce of the Exports
of Iron, Wood, &c. not
reduceable to the former
Heads.
The Produce of Goods re-exported.
S.
7를
​2
Years.
1719
1720
1721
1722
1723
1724
1725
1726
l.
d.
16,073
I
5
27,217 14 10
17,904 6
21,381 911
22,277
8
24,872 911
21,659 2 7
14,905 14 3
Years.
1719
1720
1721
1722
1723
1724
1725
1726
1.
d.
42,198 10
34,762 8 9
35,528 9
36,506 19
42,684 3 5
31,889 10
32,840 9 41
39,669 0
9
I
2
Total-166,291
Med. 20,786 775
I
o
Total-296,079 12 42
Med.- 37,009 19 og
Hides tanned
From which Calculations may be ſeen the annual Profit ariſing to the Nation
at a Medium of eight Years of the ſeveral Iriſh Exports, viz. from Cattle and
Sheep, which includes their Grazing; from Agriculture, Fiſh, Linen Manufac-
ture, and other Goods not reduceable to theſe Heads, as Iron, Wood, &c. and
from Goods re-exported.
And for the greater Satisfaction of thoſe who would more nicely inveſtigate
the Advantages accruing to the Iriſh upon their grazing Farms, I have here added
an Account of the moſt material Articles under that Head, at the Medium of
their Quantities and Values.
N°. at a Medium. 1.
d.
Beef, Barrels
135,270
120,771 16
4
Butter, Hundreds
161,123
161,182 4 5
78,194 44,848 6 10
{
66,635 51,678 12 10
Tallow, Hundreds
51,274
64,254
4
Calve Skins, Dozens
11,603
13,924 13 651
Barrels of Pork
10,322
16,000
Bacon and Lard
8
Candles
6,286 19 II
600
Cheeſe
3,480 9
Goats and Kidſkins
Horſes
3,806 0
Rabbit Skins
Wool, reduced to the Stone of 161b. 123,590 40,861 16 91
Woolen Yarn, at ditto
27,240
14,269 8 5
Worſted Yarn, at ditto
76,219
62,423 10 7
Sheep and Lambſkins
6,844 16 2
Manufacture from Sheep, viz.
Frize, Flannel, Glue, Gloves, and Hats
2,353 5 0
2
-
O
995 10
1
Soap
O
ооо
I, I0O
4,100
0
There are ſome other trifling Articles, hardly worth Regard; however I ſhall
juſt mention them, as they import ſomething, and they are, Horſe and Cow Hair,
Ox Bones, Greaves, &c.
By the foregoing Calculation of the Exports, it may be ſeen how ſmall the Value
of thoſe of Fiſh are, to what might be expected from any Nation not entirely in-
ſenſible to the Advantages Providence has given it above others for Improve-
ment therein; and the Iriſh Supineneſs by far exceeds the Engliſh in this parti-
cular, though both have hitherto been ſurprizingly indolent in what ſo nearly
concerns them; but, from the Encouragement lately given by the Legiſlature,
and the hearty Concurrence of many Gentlemen of Fortune and Capacity for car-
8 S
rying
716
GENERAL COMMERCE OF THE WORLD.
we have
s. d.
0
O
0
Trade commonly carried on by the Iſle of Man; however the Wines and Brandies,
rying into Execution the well concerted Schemes to employ the Poor and pro-
mote the Fiſhing-Trade, we may juſtly promiſe ourſelves a Change of Scenes, as
the Proſpect already brightens, and Neptune ſeems propitious to the Beginning of
our Commerce with him ; ſo that, in the Fiſheries lately ſettled here,
greatly outſtripped our Hibernian Fellow-Subjects; yet they in their Turn exceed
us in their darling Linen Manufactures, about which I ſhall add a Word or two
more before I cloſe the Subject, and that ſhall be to thew how much they have
improved it in a very few Years.
1.
In 1701, there was exported 188,000 Yards of Linen, Value
14,112
Linen Yarn 7,821C. iq. 1616 Value
39,106 18 4
Total 53,218 18 4
This hath gradually riſen to Lady-Day 1727, when the Yards of
Linen Cloth exported in 1726, were 4,768,8891. Value
238,444 99
Linen Yarn that Year 17,287C. 39. 4lb. Value
103,726 II
Stockings 124 Doz.
124
Total 342,295 0 9
So that in thoſe few Years, the ſaid Manufactures increaſed in Value 289,076 2 5
Viz, the Manufacture of Linen and Stockings 224,456 9 9
Notwithſtanding which, the Exports of
Yarn have increaſed
64,619 12 8
And this Manufacture is all clear Gain to the Nation, except about 24,400l.
paid Abroad for Flax, Flax Seed, Pot Ath, and Soap.
Our Author could furniſh me with many other curious and pertinent Obſer-
vations, had I Room to inſert them, but, for Want of this, I muſt omit what would
undoubtedly afford ſeveral of my Readers a Pleaſure, and proceed to give ſome
Account of the Iriſh Imports; in doing which I ſhall obſerve the ſame Method
as has ſerved me for a Rule in treating of their Exports.
Their Imports at a Medium of ſeven Years, ending at Lady-Day 1727, amount-
ed to 843,3921. gs. 10d. }; and the Values of the ſeveral Goods here mentioned
at the Medium of the ſeveral Years annexed to each Species, are the Proportions
of the Parts, which contribute to make up that Total, viz.
The Number of Years upon which each Medium is ſtruck.
Years.
1.
d.
9 French Wine valued at 2ol. per Ton
83,156 5 10
4. Of ditto, at ditto
91,658 14
6
9 Spaniſh Wine, at 301. per Ton
15,704 13 73
Port Wine, at ditto
3,169 11
9
6 Rheniſh Wine, at 361. per Ton
1,704 19
Taking the French at the four Years Medium
6.
6 Brandy, at 1s. 4d. per Gallon
6
Total Wine and Brandy 135,684 18
Wines imported in 1726
142,586 8 57
Brandies for the ſaid Year
30,871 13 9
173,458 2 21
This was a vaſt Year's Import, but partly occafioned by the Stop put to the
being lodged there from France in former
Years, would have increaſed the Me-
dium, had they been annually added to the Importation equally as now.
9
81
Total 1 12,237 19
23,446 18
OF

Medium
4
IR EL A N D
711
E c.
6 Wood, Cent. {Deals, at 31.
2
0
2
Medium of the Imports continued.
Years. Cc
6 Paper at 8s. per Ream, value
S Baulks, at 421.3
}
S
6 Whalebone, at 171. per Cent.
6 Tobacco, at 4.d. per Lib.
6 Tea, at 55. ditto
6 Silk Manufactured, at 31. 1os. ditto
6 Raw Silk, at 18s. ditto
6 Silk thrown, undyed, at 11s. ditto
6 Salt, foreign, at 12d. per Buſhel
6 White Salt, at 8d. per ditto
6 Salt, Rock, at 125. per Ton
6 Flour, at 11. 105. per Barrel
6 Hulled Barley, at il. 55. per Cent.
6 Wheat, at il. 8s. per Quarter
5 Barley and Malt, at 125. per ditto
Ő Muſlin, at 25. 6d.
per
Yard
6 Holland, at 55. per Ell
6 Cambricks, at 75. per ditto
3
Bơne Lace, at 16s. per Yard
6 Hops, at 31. per Cent.
6 Hemp, at il. 125. per ditto
Sunwrought, at 55. per Lib.?
6 Incle
wrought, at 7s. per ditto
6 Sugar, Candy, at 61. per Cent.
6 Loaf Sugar, at 51. per ditto
6 Muſcovado Sugar, at al. per ditto
6 Powder Sugar, at 31. 1os. per ditto
4 Gloves, at 45. per Pair
Caſes at is. 6d. per ditto
. per
Piece
7,394 18
2
1.
1,624 o 2
40,666 13 4
5,503 13 5
59,529 7
12,263 15
37,955 12 I 1
21,084 5 9
17,613 8
4
9,132 10
8
8,921 8 45
1,425. 12 10
4,803 10 11
677 4.
27,084 4 6
7,255
2 10
18,197 17 II
5,806. 17 10
7.
6,016 10 II
40,681 18 57
10,480 4
3,044 5
754 5 7
943 4 3
7,910 8 6
52,940 7 9
3,329 II
I
679 10
1,932 18 6
I, 108 16
2,251 9 8
4,080 15
13,888 13
4,407 5
5,242 15
5,128 8
O
42,059
8
3,419 7 62
16,116 10 3
6,022 17 4
1,560 18 3D
2,206 8 5
2,091
8,156 8 6
1,854 13
207 61
779 2 5+
2,072 9 8
2,651 4 9
Ware
O O moo O moo NO
.
como
6,176 3
6 Fuſtians, at 18s. per End
4. Flax, at il. 6s. per Cent.
6 Herrings, at 145. per Barrel
5 Eārthen Ware
6 Madder, at al. per Cent.
6 Coffee, at 161. per ditto
6 Coals, at 145. per Ton
6 Glaſs Bottles, at is. 3d. per Dozen
6 Bark, at 6s. per Barrel
6 Grogram Yarn, at 45. per Lib.
5 Cotton Wool, at 51. per Cent. Sur le
6 Saltpetre, at 41. 4s. per ditto
5 Pot-Alh, at il. 55. per ditto
5 Lintſeed, at 2l. 16s. per Hogſhead
5. Gunpowder, at 31. 55. per Cent.
4 Liquorice, at il. per ditto
4 Succus Liquor, at 8d. per Lib.
2 Scythes, at 16s. per Dozen
2 Knives, at 2d, each
Old, at 155. per Yard
ditto
3 Drapery
New, at 25. per
Prunello, at 35:
6d.
Shag, at 45.
6d.
per
ditto Joe
3 Iron, at 145. per Cent.
2 Thread, Gold and Silver, at 3s. per Libr
9 10
1
23,679 2
O
per ditto
| 29,678 16 7
Z
5,351
2
3 Thread
)
772
o
3 Thread Whited brown, at 25. od. per ditto
1,185 8
2
o
O
O
6d. per
per Gal.
ΟΙ
7,800
0
0
0
O
O
O
0
4,880
O
O
O
O
O
O
o
0
O
Stockings Worſted, at 6s.S
O
1,330
O
0 0
O
GENERAL COMMERCE OF THE WORLD.
Years.
1. S.
d,
Lib.
.
,
253 o 7
3 Needles, at 5l. per dozen thouſand
337 3
6
3 Pins, at 14s. per ditto
61
9
3 Thimbles, at 2l. 10s. per thouſand
266
6
3 Hats, at 155. each
723
3 Seville Oil, at 3s.
4,533 II
42
3 Linſeed Oil, at 25. 6d. per ditto
1,507
II
2 Train Oil, at is. 6d. per ditto
1,873 11
Books, Value
Candle Wick, at 31. per Cent.
640
Wool Cards, at 125. per Dozen
800
Drugs, Value
59470
Allum, at 15s per Cent.
1,200
Cochineal, at 18s. per Lib.
2,800
Indigo, at 35. 6d. per Lib.
4,200
Logwood, at 18s. per Cent.
2,200
Redwood, at al. per Cent.
Steel, at il. 1os. per Cent.
1,500
Lead, at 125. per Cent.
6,600
Lawns, at 6s. per Ell
1,000
Millenery Ware
2,000
Slates, at 8s. per thouſand
700
Stuff, at 25. per Lib.
2,300
Silk, at 155.
2
2 6s.
500
Pitch at 155. per Barrel
Tar, at 125. per
ditto
1,600
Rozin, at 18s. per Cent.
1,150
Cyder, at 81. per Ton
2,500
Toys
1,800
Pewter and Tin
2,700
Cork, at 35. per Cent.
3,300
Oranges and Lemons
Walnuts, at 2l. per Barrel
2,000
Vinegar, at 101.
per
Ton
2,500
Prunes, at 155. per Cent.
1,500
Groceries of Spice and Fruit
20,600 0
Iron, at al. 45. per Cent.
Steel, at 121
Wire
Lattin, at 71.
3,300 0 0
Braſs, at 71.
Spaniſh Wool, at 21. 155. per Cent.
368 0
Copper Plates, at 6). I os.
3,725
Battery and Braſs Shruff, at 5l. and 81. per Cent.
1,600
Painting Stuff
270
Tin Plates, at 31. per Barrel
1,000
Garden Seeds, at 25. 8d. per Lib.
1,450
Lattin, at 71. per Cent.
240
Lampblack, at 45. 6d. per Lib.
740
Iron Ore, Ios. per Ton
990
Goats Hair, at 45. per Lib.
800
Fans, at is. 8d. each
860
Apples, at 25. 6d. per Buſhel
Total 862,786 1725
The Imports, at a Medium of ſeven Years as before, being 843,392 9 10
This exceeds that Medium
19,394 7 zii
O
O
O
o
3,000
O
O
оооо
O
ne
}
0
O O O
O
o
o
o

O
O O
O
0
с
360 0
Beſides
I R E LAND, &c.
713
Beſides theſe Mediums here given, there are ſeveral ſınall Parcels and Articles
not mentioned, which, if added, would have encreaſed this Exceſs of the Medium
ten or twelve thouſand Pounds; and to obviate what may be ſaid againſt this Ex-
ceſs, and give the Reaſon why it can by no Means tally with the Medium of ſeven
Years, as alſo how the Exports have been calculated, I ſhall inform my Reader,
thatour Author, thinking it would have been needleſs to take Extracts of all the Par-
ticulars of the Imports from the Cuſtom-houſe Books for each Year's Abſtracts, he
therefore ſingled out the full Extracts for the Year ending at Lady-Day, 1726,
and all the Species of Goods exported and imported; then he took out all the
Exports for eight Years, and ſtruck his Medium upon them, and took only the
Imports which appeared largeſt, and affected their Trade moſt; theſe he took care-
fully for ſix Years, as is before noted to each; others, not deemed ſo material, are
only taken for five, four, or three Years; and thoſe here inſerted, without naming
any Years to them, were taken from the Extracts of 1725. This is the Reaſon
why they can by no Means tally, as having been taken at a Medium of Years,
ſome more, ſome leſs, and alſo the fewer Years in the Medium as the Import in-
creaſed fo conſequenìly muſt the Medium. And though for theſe Reaſons they
could not be made to tally ; yet, a juſt View of the Nature and Quantity of the
Imports may eaſily be deduced from what is here inſerted concerning them.
And as I have given an Account of the Exports and Imports of Ireland in ge-
neral, I ſhall now do it in Particulars ; and ſhew how the Balance ſtands re-
ſpectively with every Country they trade to, beginning this Calculation with
an Abſtract of ſeveral Years Dealings here. t br brott 201 KOYU


s. d.
2.4m
1719
I
I
1724
2
An Alftract of the Exports, Imports, and Balance with England for eight Years,
from Lady-Day 1719, to Lady-Day 1727.
no onoll 2017
Years. Exports.
Imports. 9) bor Balance,
pened be Balance. 2. Contra Balance.
1.
s. d. * 1. 115. d. 1 1.
447,659 2 11
476,187 14 1.1
seit 28,528 11 8
1720 363,529 10
375,803 8 8
1 2,273 18
172000 440,946 17
499,605 6 6 20 31,341 11 ogni voltat de
1722 544,002 7
81
.507,737 10 31
36,264 17 4!
1723 554,431 54 519,362 51 35,068 16 4
476,632 14 104 441,79936 34,833 11 4
1725 467,949 7 501,649 637
33,720 3 8.1
1726 495,497 13 37 558,61 10 3+
62,763 170
Total 3,790,648 10 9: 3,790,406 4.94 137,508 16 1 137,266 10 1
473,831 476 473,800 15 872
30 5 732
The Medium of the Exports to England, in Linen and Linen
Yarn, is about
267,0000
In Wool, Woolen, and Worſted Yarn
117,554 15 10+
il nero studsid
384,554 15 10
In Copper Ore, Feathers, Hair, raw Hides, Kelp, Calves Skins,
Goat, Kid, Sheep, Lamb and Rabbit Skins, and Tallow
55,408 0
Med.
I
O
Total of all 439,962 15 103
The above Articles which make up the Remainder of the Exports, amounting
to about 33,9001. are Goods re-exported, Beef, Butter, &c.
From which the Author obſerves, that Ireland furniſhes us with the firſt Prin-
ciples of ſeveral of our Manufactures, viz. Wool, Ore, Skins, Hair, Feathers,
Hides
, Tallow, and Linen Yarn ; and of the 473,800l. 155. 81 d. Imports from
hence, he obſerves, that 248,4391
. are from our own Products and Manufactures ;
8 T
from
714
GENERAL COMMERCE OF THE WORLD.
The next particular Trade to be conſidered is the Eaſtland, which compre-
hends all the Countries north ward of Holland, upon the Continent, from
from our American Colonies, and Eaſt-India Company 167,536). and the Reſt by
the Dutch, Flemiſh, Baltick, and Mediterranean Trades.
Thus ſtands the Trade between England and Ireland; and I ſhall next conſider
this latter's Commerce with Scotland and the Iſle of Man, annexing an Abſtract
of the Iriſh Exports, Imports, and Balance, with that Part of Britain, for the
like Term of eight Years, as follows:
Years.
S.
O
Exports.
1.
d.
13,690 19
10,352 4 4
11,256 15 2
14,398 2
23,578 5 8
21,250 3
10,023 12 4
9,384 2
1719
1720
1721
1722
1723
1724
1725
1726
+-w
Go to co m + 4
Imports.
1.
d.
Les 37,868 1937
27,706 18 41
29,151 10 11
27,468
33,497 45
31,003
38,938 0
29,762 13 2.5
Contra Balance,
1.
d.
24,178 0 34
17,354 14
17,894 15 83
13,070 12 14
9,918 16 81
9,752 19 10
28,914 7 Il
20,378 II
14 10
2
O
I
34
ܘ
2
1
1
I
Total-113,934
Med. - 14,241 15
7
255,396 19
31,924 12
6
5*
141,462 17 10
17,682 17 27
2's
The Exports to Scotland and the Ijle of Man conſiſt of Oatmeal and other
Grain, Beef and Kine, Horſes, Hides, Butter, Cheeſe, Soap, Linen, and Mut-
ton, to the Value of 11,900l. which with ſome other ſmall Articles with Wine
and Brandy, make up the Medium.
The Imports from thence conſiſt of Coals, Tobacco, Bark, Brandy, Barley,
and Malt, Groceries, Linen, and Kenting, Wine, Timber, Linen Yarn, and
Herrings, to the Amount of 31,700l. which, with ſome other trifling Articles
make up the Medium.
The following is an Abſtract of the Exports to America for the ſame Number
of Years, viz.
1
68,404 3
Years.
1719
1720
1721
1722
1723
1724
1725
1726
I.
d.
77,190
8 8
88,980 18 9
2
745344 9
61
3
82,806 6
9
96,825 8 10
103,998 41
110,313 19 75
Our Exports to America conſiſt of 1.
Beef about
61,500
Butter
10,000
Pork
8,600
Linen
3,500
Fiſh
Bread
1,300
Cheeſe and Candles
1,000
8,8001
2
Total-702,863 17 9?
The Medium of which is
our annual Balance, viz.
87,8571. gs. 80.
Total 86,790
Which with ſome other ſmall Articles
make up the Medium,

,
of which for eight years, ending at Lady-Day, 1727, is here given, viz.
Years.
Í Ř E L A N D Esc.
215
Years.
S.
so di
1
I 95
1
make up the Medium.
Exports.
Imports.
Balance. Contra Balance.
1. si d. 1.
d. 1.
d. 2.
1719
81,514 9 11
70,395 16 10 11,118 12 21
1720
100,337 O 3 61,011 8 8 39,325 II 7
1721 80,700 I 4 49,742 7 8 30,957 13 7
1722
46,531 4 81
54,292 O II
7,760 16 3
1723
44,951
67,000 9 91
22,049 7 il
1724
42,094 10 37 74,300 8 II
32,250 18 7
7
1725
39,574 17 51 59,400 3 11
19,825 6 6
1726
33,211 9 9 67,193 761
13,981 17 9
Total 488,869 14 9 503,336 4 51 81,401 17 51 95,868 7 1
Med. of 2
}%
61,108 14 45 62,917 0 631
8 Years. S
1,808 6. 234
5 Years: } 45,263 12 916 64.4376 37:
19,173 136
The Exports conſiſt of Beef, Butter, Grain, raw and tanned Hides, Oat-meal,
Calves Skins, Tallow, and Re-exports, to the Value of 37,5571. and the Re-
mainder is made up of ſeveral ſmall Articles, not material in Trade. The Im-
ports to Ireland conſiſt of Copper Plates, Flax, and Seed, Sugar, Hemp, Iron,
Lamp Black, Train Oil, Tin Plates, Tar, and Wood, to the Amount of 58,2601.
the Remainder being made up of Linen Yarn, Pot-Alh, Lattin Wire, and other
ſmall Things.
The next Trade to be examined in a Southward Progreſs, is that with Holland
and Flanders, of which an Abſtract for the ſame eight Years is here ſubjoined,
viz.
Years.
Exports.
Imports. Balance, Contra Balance."
1.
1.
d. 1.
d. 1. S. d.
1719
140,726 11 0 87,957 19 10 52,768 II 25
1720 113,107 3 91 71,162 14 71 41,944 92
1721 87,032 19 11 51,187 3 4
4$ 35,845 16 67
1722
89,327 4 65,624 16 93 23,702 777
1723
60,866 7 7 82,224 17 2.
21,358 9 73
52,618 1
70,048 14 3
17,431 13 25
63,922 15 31 69,206 2
5,283 6 II
2726 93,713 15 64 84,048 6 2 9,665 9 32
Total - 701,314 18 4 581,460 14 7 163,926 13 5 44,072 99
8 Years! } 87,664 7 3
87,664 7 35 72,682 II 91: 14,981 15 57: ?
Med. of
8,601 15
1
4 Years. 67,780 4 109 76,381 19 11;
The Exports thither chiefly conſiſt of Beef, Butter, Feathers, Salmon, raw
Hides, Pork, Rape Seed, and Tallow, to the Amount of 50,3401. with ſeveral
other Particulars not material; and our Imports from thence are Bark; Battery,
Braſs Shruff, Books unbound, Drugs, Madder, and other Dying Stuffs, Earthen
Ware, Flax, Groceries, Gunpowder, Inkles, Thread, Hemp, Iron, Bone-Lace,
Cambricks, Hollands, Flax Seed, Linſeed Oil, Paper, Pot-Aſh, Garden Seeds,
Silk Manufacture, Steel, Whalebone, Rheniſ Wine, Wooden Ware, Iron, Lattin
and Steel Wire; the whole Value 66,2481. And this with other ſmall Parcels
si di
I
1724
1725
N. NW NL
2
The next particular Trade that falls regularly in our Way to be obſerved, is
that of France, Abſtracts of which I here give, with a ſmall Balance ſeemingly
in the favour of Ireland, yet when carefully enquired into, it will appear to be
quite otherwiſe.
Years
I
1916
GENERAL COMMERCE OF THE WORLD.
Years.
S.
S. d.
1
3
2
Exports. Imports.
Balance.
Contra Balance.
1.
d. 1.
d. 1.
d. 1.
165859 16 11
179597 12 1
1 3737 15
58012 12 II II1000 15 3
52988 2 47
121237 10
9 132908
11670 II
6
122426 10 5 117881 13 3 4544 17
176777 8 27 150563 18 3 26213 9 il
214422 17
6 141650 95% 72772
205317 7 7 159055 5 25 46262 2 4+
137702 10 7 2 2 193954 12 6
56252
2 33
1719
1720
1721
1722
1723
1724
1725
1726
2
8 0
III
O
Total--- 1201756 15 0 1186612 8 51 149792 17 7: 134648 11
Med. of
8 Years.150219 11 101? 148326 11 0;!
1893
964
Med. of
4 Years. S
183555 011 161306 I 476 22248 19 777
d.
50,000
O
The Exports for 1724, which are by much the greateſt in this
1.
Abſtract, conſiſted of Beef, to the Value of about
Butter
Raw Hides
10,000
Tallow
40,000
80,000
O
O,
O
1
O
Total 180,000
O
O
The other Articles of ſmall Value in Trade are not worth inſerting.
S. d.
100
O
0
O
1,500
O
1
O
I
1
3
O
-
O
o
1
0
O
1
The Imports from thence.
1.
Wine at a Medium of eight Years
83,156 5 10
At a Medium of four Years
91,958 14 6
Brandy at a Medium of ſix Years
23,446 18 6
The reſt taken in the Year 1724, viz.
Playing Cards, about
Cork
1,400
Flints
Prunes
50
Succus Liquor
1,500
Sugar
10,000
Iron and Iron Ware
600
Cambricks
2,000
Train Oil
500
Paper
3,500
Rezin
1,150
Salt
Silk Manufacture
2,650 0
6,500
Vinegar
Other Groceries
2,500
Wooden Ware
500
2,500
Total, including the Wine at four Years Medium, and Brandy
at fix
The other Articles are immaterial,
150,705 13
d.
1.
The Import of Wine 1726
109,417 17 1
Brandy for the ſame Year
30,871 13 9
Total 140,289 10 103
Here
1
o
o

o
5

Í RE L AN DE
in
Here may be ſeen the Balance at a Medium of eight and four Years ; as alſo the
Increaſe of the Exports to France from 1720, at which Time the Difficulties in
that Kingdom occaſioned by the Riſe of the Coin, and the Miſſiſippi Bubble, were
not overcome; it is alſo obſervable, that the Imports from thence have riſen from
that Time, and how the Importation of French Wine has increaſed:
The Medium
of the laſt four Years exceeding that of the laſt eight 8,5021. 8s. 8d.
Though the Exports for France cannot be aſcertained to any Nicety from the
Cuſtom-houſe Books, as Merchants are not reſtrained in their Entries, for re-
porting their Goods for one Country when they are deſigned for another, as is
frequently the Caſe in this Trade; for the Entries are made for that Kingdom,
when the Merchandize is intended for Hamburgh, Bremen, or Holland, and this
with the View of evading Payment to the ſeveral Britiſh Light-houſes in their
Way to the ſaid Places, towards whoſe Support all Ships pay in the firſt Port they
put in at, and are charged with ſo many as they are benefited by in their Voyage;
now if it appear, by their Cocket, that they are bound for theſe Ports, they pay
towards the Maintenance of them all; but if for France, and they are ſuppoſed
to be blown there out of their way, they are charged for no more than they are
preſumed to receive Benefit from, and hereby elude the ſeveral Charges they muſt
otherwiſe pay.
Mr. Dobbs makes ſeveral Allowances for an illicit Trade, &c. too long to be
inſerted here, and then concludes from the Premiſes, that Ireland loſes by her
Trade with France from (at leaſt) 30 to 40,000l. per Annum.
The laſt in Order, though the greateſt Branch of the Iriſh Trade with Foreigners
(as it leaves the greateſt Balance in the former's Favour) is with Spain, Portugal,
and the Straits, as theſe take off the major Part of any manufactured Commo-
dities they export, except Linen, of which an Abſtract for-eight Years here fol-
lows, to Lady-Day 1727, with the Medium of Exports, Imports, and Balance,
plainly demonſtrating the Value of this Trade, and how much it merits Coun-
tenance and Encouragement,
Years.
1. s.
S. d.
1719
1720
1721
1722
1723
1724
1725
1726
Exports.
Imports.
1.
d.
111,739 19 4 39,670 3 3
125,261 14 77 36,678 15 10
176,768 6 1 57,963 19 11
183,239 13 0 56,363 1 o
147,265 I nl 68,153 18 9
149,984 1
of 60,959 16 11
135,751 8 87
61,584 0 64
118,049 4 51 96,839 6 6.5
Balance.
1.
d.
72,069 19 01
88,582 18 97
118,804 6 2
126,876 III
79,111 3 1
89,024 4 letnie
74,167 8 2
21,209 17 11%

200049 --
Total- 1,148,059 9 25 1478,213 2 115
Med. of 7
8 Years.
143,507
59,776 12 10
669,846 6 35
83,730 15 974
8 755
By the Balance here ſtruck, it is found that more has been received from the
Countries I have been treating of, than from France, Holland, and Flanders to-
gether, by 534,8471. 155. 11 d. and it may be obſerved from what I have ſaid,
that the Iriſh have a Balance from no other Countries but theſe and America,
though the Importations from this laſt mentioned Part of the World and Britain,
are ſo blended, that the true Balance is not diſtinguiſhable. It may alſo be re-
marked from the above Calculation, how greatly the Imports were increaſed in
the laſt year, inſomuch, as to make the Balance To inconſiderable, as to be very
little more than the fourth Part of the Medium.
The Exports to the afore-mentioned Countries, are
Beef, about the Value of 10,000l. Butter, 35,6ool. Candles, 3,000l. Cheeſe,
1,600l. Barley, 9,000l. Wheat, 3,000l. Hake, 2,500l. Herrings, sool, Sal-
mong
SU
718
GENERAL COMMERCE OF THE WORLD.
59,300l.
lages, and Diſtricts in the Neighbourhood of Paris, have ſome Fabrick peculiar
St. Cloud, for Porcelaine, Earthen Ware, Glaſs, and Tanneries; Gen-
tilly, Garges, and Antony, are noted for Whitſters; at Ferté Gaucher is a Manufac.
Worſted Stockings ; at Dreux is a Fabrick of coarſe Cloth, and at Châtres,
Cloths, Camlets, and Shags; at Houdon are made a conſiderable Quantity of
Linas, Meulan, Sefanne, Poiſy, Claye, Lufarcbe, Moret, and Dourdan, large Par-
mon, 8,000). Hair, 400l. Raw Hides, 4,000l. Tanned ditto, 50,000l. Linen,
1,300l. Pork, 2,000l. Calf Skins, 3,00ol. Starch, 400l. Tallow, 2,500l. Goods
re-exported, 6,oool. In all 143,100l.
The Importations from them are
Capers, to about the Value of 1701. Cork, 1,860l. Dying Stuffs, 4,000l.
Sugar and Fruit, 6,000l
. Oranges and Lemons, 3,000l
. Iron, 9,4001
. Oil, 3,6001
.
Salt, 4,600l. Silk Manufacture, 3,000l. Raw Silk, 4301. Thrown Silk undyed,
670l. Succus Liquor, 6291. Walnuts, 2,000l. Port Wine, 3,1691. Spanijh
Wine, 15,704). Hoops, Cane, Reeds, and Plank, 700l. Wool, 3681. In all
Here I finiſh my Account of Ireland; and though the Calculations I have of-
fered were made ſome Years ago, and therefore ſome few Alterations may have
occurred in Trade fince, yet I do not apprehend that theſe can be very material,
nor have I to add any other Remarks on this Branch of Trade, to thoſe I have oc-
caſionally made as I have gone along, ſo ſhall conclude the Subject, and proceed
to deſcribe the Traffick of other Countries, beginning firſt with France.
Of the Products, Manufactures, and Trade of France.
"of
Inhabitants, and the Extenſiveneſs of its Dominions, of which fome Idea
may be formed from the Calculations made of its annual Revenue, which is eſti-
mated at 7,000,000l, and the Number of its Inhabitants, by the lateſt Compus
tations, appear to be about 20,000,000.
toner100na nusulo ៗ។
In treating of the Commerce of this Country, I ſhall obſerve the ſame Me-
thod that I have followed in my Deſcription of Great-Britain's, that is, by ac-
quainting my Reader with the Products and Manufactures of each Province, and
then ſhew him how they are diſpoſed of.
1. The Ile of France. O
THE
HE Capital of which is Paris, where many Manufactures are carried on, and
afterwards brought into Trade, of which ſome are exempt from the Juriſdic-
tion of the publick Companies of the City, and eſtabliſhed by Royal Authority;
ſuch as the Gobelins, where as beautiful Tapeſtries are made as any in Europe; the
Savonnerie, appropriated to the making of Carpets with a Mixture of Silk and
Worſted, in Imitation of thoſe brought from Perha, the Beauty of whoſe Colours
they come up to, and greatly exceed them in the Figure. The Manufactures of
Glaſſes, Cloths, Hangings, &c. beſides which the Artificers here carry on
Manner of Trades that are practiſed in our Metropolis; though it is with Plea-
fure I can affert, not many of them with equal Perfection. Here, however, are
made all sorts of rich Silk's, Brocades, &c. Stockings, Hats, and every other Re-
quiſite for Home Conſumption and Trade; and almoſt all the fmall Towns, Vil-
Stockings;



all
3
cels of Leather are tanned, and this laſt'is famous for knit Stockings,
and ma-
king Buff
2. The
F R A N C E.
719
2. The Produce of Picardy.
THE
HE natural Products which this Province furniſhes to Trade are Corn,
Hemp, and Wool; and its Mannfactures, Woolens, Linens, Caps, Tapeſtry,
and Soap. In Reſpect to the firſt, here is worked up five or ſix hundred thouſand
Pounds of Wool of the Country's Produce, and near as much more from Germany,
Holland, England, Spain, and ſome other Parts of France, ſo that in the City of
Amiens only are made about 129,800 Pieces of Stuffs, and 50,000 Pieces in the
Neighbourhood, which are called foreign Stuffs, as they are made out of the
City; and of the aforeſaid Wool, the Camlet-makers alone take off 80,000lb.
The Cities of the greateſt Trade in Picardy, next to Amiens, are Beauvais and
Abbeville ; beſides which there are many Villages and Towns, as Tilloy, Fienville,
Nafurs, Beauchamps, Gravilliers, Feuguieres, Aumamale, Anvoille, Glatigny, and
Seules ; in all which Places are only made Serges of many Sorts and Qualities, and
what in French is called Tiretaines, which I take here to be meant a Linſey Wool-
fey; Mouy and Crovecæur give a Name to ſome of the former made there, as
Tricot and eleven Villages of its Juriſdiction does to other kinds of Serges of their
Fabrication.
The fineſt Woolen Thread ſpun in Picardy is that of Amiens, where the Spin-
ning employs a great Number of Hands, and conſumes a large Quantity of Wool
both of the Country's Growth and Spaniſh, which is uſed for making of Caps and
Cloths here, and in the Woolen Manufactures of Paris, Elbeuf, and
Rouen.
Quantity of Hemp and Flax gathered in this Province is likewiſe very great, ſo
that the Linen Trade here equals that of the Woolen ; and St. Quintin is where
the greateſt Sales are tranſacted, which may amount to 40,000 Pieces in a com-
mon Year; after St. Quintin is Peronne, and then Nejle; the different Species
made in theſe three Places being ſeveral Sorts of Cambricks (from ten to a hun-
dred Livres a Piece) Lawns, Gauzes, Hollands, printed Calicoes, &c.
The Fabrick of foft Soap at Amiens is to conſiderable as to produce yearly ten
thouſand Quintals, and at Beauvais Tapeſtry is made, and in its Neighbourhood
is carried on a large Buſineſs in Caps, Thread, and black Silk, Lace, Gimps, &c.
In Amiens are at leaſt two thouſand Looms conſtantly employed, and in its
Neighbourhood eleven fulling Mills, turned by Water, whoſe Quality is not
leſs excellent for Dying than it is for cleanſing the Woolens, which of this
Place alone ſell for upwards of 1,600,000 Livres.- The Linens of Pignigny,
Oreſmaux, and Flixcourt, are better than thoſe of Amiens, of which about two
hundred Pieces are made and ſold weekly.
Mr. Savary ſays, that the Cloths of Abbeville are ſo like to thoſe of England and
Holland, as to render a deciſion in Favour of either very difficult; but either our
Fabricks are grown worſe ſince his Time (the contrary of which I am very well
aſſured of) or elſe he is guilty of a noted Partiality to his Countrymen; for though
I will allow the Cloth that is made there to be good, yet the Yarn is neither ſo fine
ſpun, nor ſo well and cloſely wove as here in England, neither will it wear ſo long,
and much ſooner grows bare and ſhabby; this Experience has taught me, as I have
for many Years ſeen the Wear of them, and more than once examined many of the
fineſt Pieces on the Spot. It is ſaid here are about an hundred Looms, that employ
upwards of fifteen hundred Spinners, beſides as great a Number of Weavers, Cloth-
Workers, Fullers, Dyers. and ſuch like Artiſts, neceſſary to the perfecting the
Cloths; and the Produce of them is computed to be at leaſt five hundred thouſand
Livres yearly. Beſides Cloth, there is made at Abbeville, Barragon Serges, Drug-
gets, &c. to the Amount of about an hundred thouſand Livres, and of Stuffs made
out of the City, though in its Neighbourhood, two hundred thouſand Livres; and
extra of theſe Commodities, many others are the Products of Abbeville, as Pluſh,
Caffoy, Ticking, coarſe Linen for Package, &c. to the Value of about 150,000
St. Quintin has no Woolen Manufacture, though near 100,000lb. of Wool is
collected in its Diſtrict; it however has a large Fabrick of Linen, inſomuch, that
forty thouſand Pieces are made or fold here yearly, to the Value of 2,000,000
5
Livres;



Livres.
72
GENERAL COMMERCE OF THE WORLD.
of the Cities, where the greateſt Commerce in this rich Merchandize is car-
Meſſina, Italy, Spain,
thence ſent to Paris, Tours, and the other Silk Manufactories of the Kingdom.
Livres; being Cambricks, Lawns, Hollands, and ſeveral other Sorts of Linens,
which are likewiſe made in great Abundance in many Parts of this Province,
whoſe Inhabitants are almoſt totally employed in the Linen and Woolen Way,
as they have a large Share of the Materials in their own Territories, which pro
duces them 524,000lb. of Wool, and Plenty of Flax of a very rich Quality.
Of the Products of Champagne and Soiffon's.
TH
HÉ Proximity of theſe two Provinces, and the great Reſemblance of their
Product and Manufactures, have induced me to treat jointly of them. The
Soil, both of the one and the other, is very fertile in all Sorts of Grain, more eſpe-
cially Wheat and Oats, and their Hills are covered with Vineyards that produce
a moſt excellent Wine. Hemp and Flax are cultivated here in Plenty, of which
are made various Sorts of Linen, and Threads employed in the Manufacturing of
Lace. Their Paſtures are admirable for Grazing, as may be judged from the Sup-
port they give to fixteen or ſeventeen hundred thouſand Sheep (which yield be-
tween three and four Million Pounds of Wool) beſides a great Parcel of black
Cattle; whoſe Hides afford a ſufficient Employ to ſeveral Tanneries; and, in fine,
their Rivers and Brooks ſet to Work many Forges for working Iron, hammering
Copper, and milling Paper.
The Territories of Rethel or Mazarin are in many Parts unfit for Corn, and this
Sterility has put the Inhabitants on a Method of gaining a Livelihood, which I
could not omit mentioning for the Uncommonneſs of it, and that is the fattening
Oxen with Loaves, compoſed with Rape Oil, which Seed they gather here in
plenty; but the principal Product of theſe Provinces is the Wine, for which
they are juſtiy ſo famous, and of which the beſt is found at Rheims, Sillery, Haut-
villiers (corruptly called Ovill) in the Valley of Pierry, and the Diſtrict of Ay,
though there are many good ones of a ſecond Quality at Oxmery, Chatillon, and
Vertus-Dormans in Champagne, and Guichy, Pargnant, and Coucy in the Souffonois.
The Number of the Woolen Manufactories eſtabliſhed in thefe Provinces is al-
moſt incredible; at Rheims they make Cloths like thoſe of Berry, and various
Sorts of Stuffs, both here and at Rhetel, Chateau, Portion, Mezieres, Donchery,
Mouzon, Fiſmes, St. Manehould, Sommepy, Ville-en-Tartenois Soifons, Chateau-
Thierry, Charly, Obaye, St. Martin-Dablois, Bar-Jun-Aube, Ferre-en-Tartenois,
Neuilly; and St. Ford-Sedan is noted for making and dying the fineſt black Cloths,
as alfo large Parcels of Cloth and other Serges : At Bouts, Pertes, and Jeinville,
only white Eſtaminas are made; at Montcoruet are made Sattins, Cloth,
Serges, &c. as they are at Vervins, Fontaine, and Ploumure, with fome ordi-
nary Cloths : At Montineral, Langres, St. Juft, Anglure, Sezanne, la Ferte
Gaucher, and la Ferte Sous-Joüars, the Fabricks are of Cloths, made all of
Spaniſh Wool; in fine, Brienne, Chalons, Vitry, Chaumont, and Dienville, make
ſeveral Sorts of Stuffs and Serges, beſides fome Cloths.
Linens, whether Flaxen or Hempen, are no inconfiderable Products of theſe
Parts, as the Manufactories of them are diſperſed through both Provinces, though
the principal one is at Guife; however, between this Place, Vervins, and Noyon,
there are thirty-four Villages, where no other Linens are made than thoſe of
the fineft Flax, called Bateſtes, or Cambricks. At Rheims, and almoſt all the
above-mentioned Places for Woolen Fabricks, there are alſo eſtabliſhed fome
for Linen, which with thofe of Hats, Caps, Lace, &c. are very conſiderable,
and furniſh a great Value to the general Commerce of France.
4. Of the Lyonnois, Foreſt, and Beaujolois.

on.
The
I
FRANCE, Ec.
721
The Products of theſe three Provinces for Trade are, I. Hemp, 2. Wine. 3.
Vitriol, Saffron, and Copperas. 4. Coals, which are conſumed in the manu-
facturing Arms, and other Works of Iron.
The Fabricks are principally of Silk, and of the Materials neceſſary to its Per-
fection, of which that carried on at Lyons has for many Years paſt been the
moſt confiderable, not only in France, but in any other Part of Europe. Mr. Sa-
vary ſays, that there is yearly employed of Silk, Gold, and Silver in this Manu-
facture, to the Amount of eleven Millions of Livres; that the Preparation of theſe
Materials to fit them for Uſe, and their Working up, ariſes to better than three
Millions; the Sales made of them, to above three Millions more; and that of the
feventeen Millions, which theſe three Sums amount to, Foreigners pay near
One-third, in Time of Peace, when Trade flouriſhes,
This might be very true when Mr. Savary wrote, but the Weaving and Dying
Arts are ſince brought to ſo great a Perfection in many Parts, more eſpecially
among us, that large Deductions muſt be made from the preceding Calculations,
and the Balances conſiderably altered from what they were then, to what they
are now.
The Lyonnois Manufacture 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 theſe Metals, Damaſks, Sattins, Velvets, Mohairs, Taffeties, and almoſt
every other Specie made elſewhere. The fine-drawing, and making the Gold and
Silver Thread, our Author fays, employs a thouſand Marks of Gold, and five Mil-
lion Livres of Silver yearly; and here are alſo made ſome Fuſtians, Dimities,
and a confiderable Trade carried on in the Bookſelling Way. Other Parts of theſe
Provinces are noted for their different Products, as St. Eſtienne and St. Chaumont,
for Hardware and Ribbands, Roche for Cheeſe, Beaujolois for Linens, and various
Sorts of Paper, made in many Parts of them, which altogether render theſe
Parts very conſiderable in the commercial Way.
+
5. Of MONTAUBAN.
IN
N this Province are collected from twelve to fifteen hundred Quintals of different
Sorts of Wool, which, jointly with large Parcels from abroad, are worked up by
the Inhabitants into various Sorts of Stuffs and Cloths, making in all about ſixty
thouſand Pieces. At Montauban and Cahors are made ſeveral Šorts of Serges and
corded Stuffs. At Gourdon, Lectoure, Realuille, Vicfefenſac, Auche, Mauvezin,
Mur-de-Barras, Eſpalion, Foix, Pamiers, Milland, St. Giron, Taraſcon, Carlat,
St. Gaudans, Aſpect, Gimon, Montrejan, Montpezat, and la Cauſſade, are made
Druggets, Serges, Crapes, and coarſe Cloths, as they are at Beaumont de Lernaige,
St. Člar de Lomagne, Villefranche, Cramares, St. Aularis, and many other Places;
and alſo at ſome few of them are made Barragons and fine Stuffs. At Montauban,
Gourdon, and youillat, there are Manufactories of Hats; and, at this latter, ſeveral
Tanners. Stockings and Caps are made at St. Clar de Lomagne, Pamiers, St. Gi-
ron, Montrejan, and Mirande. Hempen Linen at Gourdon, Villefranche, St. Clar
de Lomagne, and St. Antonin ; Paper at this laſt and St. Giroul, and Tickings
at St. Clar de Lomagne. The greateſt Number of Forges are on the side of
Taraſcon, which are twenty-ſeven in Number. At St. Giroul there are four,
and ſome Hammers for beating Copper. At Foix there are three Hammers,
and in the Neighbourhood of Villefranche are ſeveral Hammers and Forges,
all which, joined to the Fabricks before-mentioned, employ a great Number of
Hands, and occafion a Currency of large Sums of Money.

6. Of GUI ENN E.
HIS rich Province furniſhes Trade with large Quantities of Wine and Bran-
dies, Vinegar, Prunes, Refin, Cheſnuts, Oil, Iron, and Copper, wrought
unwrought, a great deal of Paper, and a middling Quantity of Hemp;
there are in the Neighbourhood of Perigueux, thirty-nine Forges for Cannons,
and other large Works of Iron; there are alſo many others near Dax, and le-
8 X
veral

and
722
GENERAL COMMERCE OF THE WORLD.
cofth
veral Hammers for Copper at Bergerac, Orteix, and Nerac. On the side of
Oleron are four Paper Mills, and in the Neighbourhood of Bergerac and Caſtel
Jaloux ſeven others. A large Quantity of Hemp is cultivated at the two
Tonneins, and in ſome other Places along the Garonne and the Lot; but all the
Fabricks are but trifling, when compared with the Crops of Wine and Brandy,
the Staple Commodities of theſe Parts ; inſomuch, that in all this Province not
above ſeventy-five thouſand Pounds of Wool is lhorn,' and it is with theſe, and
a few from Poitou, that all their Woolen Goods are made, viz. at Bourdeaux,
Bazas, Mont-de-Marſan, and Nay, thick Blankets; at Youſſac, coarſe Cloths;
at Ponts, fome Eſtaminas; at Baniers, the Stuffs called Cardillats; at Paw
and Marmande, Hats; at Cadillac, Nerac, and Villeneuve d'Agenois, Stockings;
and at Reolle, Thread, Fringe, and Tickins.
7. Of Limofin and L'Angoumois.
ΤΗ
HESE two Provinces, though under one Direction or Receipt of Cuſtom,
are very different in the Nature of their Soil and Products; the Angoumois
yields a ſufficient Quantity of Wheat, Wine, and all Sorts of excellent Fruits,
whilſt the Limoſin on the contrary is cold and ſteril, has but few Wines, and
thoſe bad, hardly any Wheat, fo that Rye, Barley, and Cheſnuts commonly
ſerve for Bread to nouriſh the Inhabitants.
Both the one and the other Province have a great Number of Paper Mills, whoſe
Fabrick is in great Repute for the Preſs, though very little for Writing.
The Manufactures for Woolen Stuffs are very trifling in this Province; how-
ever, there are a few Stuffs, Serges, Eftaminas, coarſe Cloths, &c. made at Li-
moges, Angouleme, St. John d'Angley, Nerac, Rochefoucalt, Sentereune, Cognac,
St. Leonard, Brieves, and at Tulle.
it is ſold at Bourdeaux to Foreigners; and the bringing up of Horſes for Sale,
chiefly at the Fair of Chaflus, cloſes the Commerce of theſe Provinces.
no
,
8. Of POITOU.
G
RAIN, Wine, Cheſnuts, Hemp, and Wool, are the Products of this Pro-
vince; the Meadows
enable
Inhabitants to raiſe and feed a great Number of large and ſmall Cattle, of
Horſes and Mules, with which they carry on a very confiderable Trade. The
beſt Studs of Horſes are in the twelve Pariſhes called the Wood of Eſtos, in four
of which there are Salt Marſhes.
At Partinay, Niort, Fontenoy, Thouars, and many other places of their Di-
ſtricts, are made Cloths, Druggets, Serges, and Linſey Woolſeys; at Niort alſo
Chamois is prepared; Woolen Stockings and Caps at St. Maixant, and Hard-
ware at Chatellerault.
25,000lb. of Wool is gathered in this Province, beſides which there is brought
from Spain about 600,000lb. of which, from 20 to 30,000 Pieces of Stuffs are
annually made; and here are only three Forges of Iron, and two Paper Mills,
9. Of Rochelle, Aunis, Saintonge, &c.
T:
HE Products of the Provinces and Country that compoſe this Receiverſhip,
are Salt, Wine, Brandy, and Hemp, beſides a Number of excellent Horſes ;
and their Manufactures are of Linen, principally at Barbefeux. Great Quantities
of Sugar are refined at Rochelle
, and about 34,000 Muids of Salt gathered in the file
of Rhé; 18,000 Ton of Wine, and 10,000 Barrels of Brandy. This Iſland is alſo
famous for the Anniſeed Water
made here, not only among the
French, but Fo-
ſeigners, Olleron produces about 4,000 Barrels of Brandy, and the Sands of Ol,
lonne yield near 20,000 Muids of Salt: Vaft Quantities of Wine are
Brandy diſtilled, at Rochfort, Charente, Aigre, Xaintes, Cognac, and their Di-

gathered, and
ſtricts.
F R A N C E.
723
tricts. Angouleme affords four
Sorts of Merchandize, viz. Brandy, Pepper, Saffron,
and Iron, this laſt having Forges for it at Perigord, Aubarocbe, Rudeau, the
Chapple, Bourequoil
, New Forge, Fomeliers, the Augoumois, Planchemenier, and
Feuillade.
Of ORLEANS.
THE
*HE Wines that are made in very great Quantities in this Province, amounting
to 100,000 Tons, are the principal Part of its Products, and it is ſaid, that
Blois and Beaugency do not furniſh leſs: It is likewiſe very fertile in Corn, and
not entirely barren in Manufactures, as at Orleans, Dourdan, Gien, Blois, Chartres,
and ſome other Places, ſubject to this Generality, are made all Sorts of Woolen
Stockings, both wove and knit, and at Dourdan many are made of Silk; at Or-
leans alſo are wove Caps, as Cloths are at St. Genoux, Clamecy, Chatillon-ſur-Loing,
and Montargis; various sorts of Stuffs, different Species of Serges, Crapes, Capu-
chin Cloths, Bays, Linſey Woolſey, Eftaminas, &c. are made at Beaugency, Blois,
Vendome, Pierre-Fitte, Montoir, Salbry, Soueſme, Nouan-le-Fuzelier, Vouzon,
Jergeau, Chartres, St. Fargeau, Brou, St. Agnan, Chateau-Neuf, Brinont, Sully,
La Charité, Petiviers, Pongoin, Chaudun, Bazoches, Illiers, and Anthon. This
Province has ſeveral Fabricks of Hats, though the principal ones are at Orleans,
Vendome, La Charité, and Blois, at all which Places there are likewiſe conſiderable
Tanneries; and in the Neighbourhood of La Charité, are twelve Forges, and three
Furnaces for Iron. The Beauſe and Vendomois, produce a great Quantity of Wheat
and other Grain, as moſt other Diſtricts of this Receiverſhip do: In this Pro-
vince, upwards of 200,000lb. of Wool are manufactured into about 25,000 Pieces
of Cloth, and other Stuffs, moſt of it the Growth of the Country.

11. Of Touraine, Anjou, Maine, and Perche.
THE principal Manufactures eſtabliſhed in this fruitful and pleaſant Part of
France, are compriſed in the filken, woolen, and tanning Commodities. The
firſt has its Eſtabliſhment in Tours, the Capital of the Province of Tourdine, where
are made all Sorts of fine Şilks, as Velvets, Mohair, Serges, Brocades, Sattins, Taf-
feties, &c. in which formerly were worked up 2,400 Bales of Silk, though at pre-
ſent three or four is more than ſufficient; 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 thoſe
that ſtill ſubfift, are Amboiſe, Chinon, Richelieu Loudun, Loches, Beaulieu, St.
Chriſtophle, St. Pater, Laval, Beaumont, la Roue, Roziers, Montreſor, Villeloin,
Orbigny, Reugnay, Chateau-Renault, Neuvillé, Pontpierre, Maray, Neufay, Loiſant,
and Montricard, are made much the ſame Sorts of Stuffs and Cloths, as in the laſt
mentioned Province. Few Hides are now tanned here, in Compariſon with the
great Quantity that uſed to be formerly. The natural Products of theſe Parts,
conſiſt in Wines, Brandies, Saltpetre, and ſuch Abundance of Fruit raiſed, and
afterwards preſerved by the Natives, as has drawn on this Province the Appellation
of the Garden of France. In the Pariſhes of Parcenay, Abillon, St. Mars, and
Mettray, are Quarries of Millſtones; and near the Abbey of Noyers, a Copper
Mine was diſcovered in the latter End of the laſt Century. About
7000
Pieces
of Cloths, Serges, Druggets, Linſey Woolſeys, and other Stuffs, are made in this
Diſtrict of Touraine, belides fome Caps, Hats, and Stockings ; in that of Anjou
are gathered Wines, Flax, and Hemp, of which large Quantities of Thread and
Linen are made; the Quarries of Slate, Iron, and Coal Mines, the Whitſteries for
Linen and Wax, the Refineries of Saltpetre and Sugar, the Forges, and Glaſs-
houſes, with the Manufacture of Eſtaminas and Druggets of various Sorts,
up
the Commerce of this Province; of theſe latter about 4000 Pieces are
made yearly at Angers, Chateau-Gontiers, la Fleche, Beauge, Saumur, k Ludi,
Dove, Montreuil, Bellay, Beaufort, and Durial, beſides fome Hats, Caps, &c. In
the Territory of Maine, about 5,300 Pieces of the aforeſaid Woolens are made,
though the principal Manufacture of this Province is Linen, for which it pro-
5
duces


make
GENERAL COMMERCE OF THE WORLD.
724
50,000 Livres; Earthen Ware and Glaſs 200,000 Livres ; Cutlery and other
Linen, I país unnoticed, as theſe are all conſumed on the Spot, as indeed most
ſtinction ſeems to ſpeak it, and productive of nothing but Food for Cattle, of which
duces the Materials in vaſt Plenty, and there has been ſeen 20,000 people em-
ployed at once in the ſeveral Branches of it: Here are alſo ſome Glaſs-houſes,
Iron Mines, &c. and large Quarries of a middling Sort of Marble. The Manu-
factures of the ſmall Province of Perche, are Linen Stuffs and Paper, of which the
firſt is the moſt conſiderable; they have alſo here ſome Forges of Iron, and carry
on ſome Trade in the Grazing Way.
12. Of BERRY.
TH
HE Sheep and Wool of this Province are the principal Materials it furniſhes
for Trade; its Corn, Iron, Hemp, Nut Oil, Wines, and Wood, would alſo
occafion a tolerable good Traffick, had they navigable Rivers to carry them off.
The fineſt Wool is Told for Rouen, and only the inferior Sorts worked up here,
of which are made the coarſe Cloths, called Drab de Berry, and ſome ordinary
Serges, Druggets, Linſey Woolſey, &c. at Bourges, Iljoudun, Chateauroux, Vierfon,
Selles, Aubigny, St. Amant, la Chaſtres, Caſtillon, Mehum, Aubigni, Dun-le-Roi,
St. Benoiſt-du-Salt, Buzancois, Leueroix, St. Savin, Sancerre, Linieres, Leret,
La Chappelle-danguillon, Aiſne-le-Chateau, St. Guatier, Ivry-le-Pre, Argenton,
Neuvy-St.-Sepulchre, Argent, Valençay, Cinconet, Baugy, Sancergues, Les Aix,
Blancafort, and Enrichemont, in all from 47 to 48,000 Pieces,
13. Of MOULIN S.
ΤΗ
HE Manufactures and Fabricks of this Province, which contains the Bour,
bonnois, Nivernois, and the upper Part of Auvergne, are the Forges and
Founderies, where Cannon, Anchors, and ſuch large Works of Iron are made;
the Manufactures of Tin, Earthen Ware, and Glaſs; the Smalt Works, thoſe of
Cutlery, and other Hardware, the Fabrick of Tapeſtry and Cloth; and the natural
Products conſiſt in Wine, Hemp, Iron, and Steel Mines, Coal, Cattle, Fiſh, Chef-
nuts, and Cheeſe. The whole Province feeds ſuch a Quantity of Cattle, as ex-
ceeds Imagination; and it is ſurprizing to ſee how many Beeves and Sheep are
every
Year extracted from it for all Parts (even in Time of War) for Flanders,
(Germany, and Italy: Here are alſo, in an Acorn Seaſon, large Herds of Swine fat-
tened; and in Return of Manufactures, the Iron, Steel, Iron Plates, and Tin, are
melted, run, and formed into ſeveral different Works, almoſt in all the Forges
built on the little River of Nievre, which falls into the Loire, under the Bridges
of Nevers, and which before joining it, gives Movement to the Bellows, Ham-
mers, and other Machines of above fifty Forges.
The Cutlery, and other Hardware, is made at Bourbon and Nevers, and in this
laſt is alſo made ſome Earthen Ware, and ſome Works of Enamel. At Aubuſſon,
and Feuilletin, there are Manufactures of an ordinary Tapeſtry; and at Moulins,
St. Pourçain, Montluçon, Herifon, Decize, Cercy-la-Tour, Moulins-Engilbert, and
Nevers, are made ſome coarfe Cloths and Woolens, though by far the feweſt in
this Province of any in France: This Receiverſhip produces in Wood, from the
Nivernois, Bourbonnois, and more eſpecially from Morvant, about the Value of
400,000 Livres yearly; Coal from the Vicinage of Decize, to the Import
120,000 Livres ; Fiſh 300,000 Livres ; Hogs (in an Acorn Year) 300,000 Livres ;
Corn, Hemp, Wine, and Cattle, 500,000 Livres ; Iron 300,000 Livres ; Tin
to at leaſt 150,000 Livres. The Products of Wool, and the Manufactures of
of the Cloths and Stuffs are.
14. Of AUVERGNE.
HIS Province is commonly divided into High and Low, and the Products of
each are as different as their Situation; the firſt is mountainous, as the Din
here is bred a ſurprizing Quantity; and the Low Lands abound in Corn, Wine,
4
Hemp,


of
S
Fotorer
ass
F R A N C E.
725
Hemp, and Walnuts; their Meadows are delightful, and ſo fertile, that thoſe in
the Neighbourhood of Riom and Clermont, are mowed three Times a Year, and
the Lands in general never lie idle, or at moſt are not fallowed above one Year
in twenty.
There are ſeveral Sorts of Manufactures in the Auvergnois, and almoſt all the
different Species fabricated are of a very good Quality, but more eſpecially the
Paper, which is excellent, made chiefly at Ambret, and about Thiers and Clermont.
The Manufactures of Eftaminas, Woolen Camlets, and other Stuffs, are at Am-
bret, Culnhac, Olierge, Sanxillanges, and St. Flour, making in all about 10,000
Pieces. Laces are made at Aurillac, to the annual Value of 200,000 Livres (though
formerly they produced near 800,000) and there are ſome made at Muret, la Chaſe-
Dieu, Álarche, and Vineroles. The Hardware of Thiers and its Neighbourhood,
affords Subſiſtence to above 5,000 Families, and Cards for Play are made here and
at Ambret. The Tanneries of Clermont, Riom, St. Flour, Maringues, Anjou,
Chaudes- Aigues, &c. are very conſiderable, as the Dairies near Aurillac, Moriac,
Volers, Beze, la Tour, and Ardes, are in Cheeſe: Many fine Mules and good
Horſes are bred in the Studs of this Province, which, beſides the foregoing Par-
ticulars, produces Mafts for Ships, and Wood for Carpentry, Coals, Fruit, Wax,
Glue, Tallow, Butter, Linen, Hemp, and Nut Oil.
15. Of NORMANDY,
Tº
treat of this large and rich Province with due Regularity, I ſhall do it ac-
cording to its cuſtomary Diviſion, into the three Diſtricts of Rouen, Alençon,
and Caën.
The former produces Corn, Cider, Cattle, Hemp, and Flax, and beſides has
fome Fiſheries at Dieppe, Honfleur, Havre, &c. Its Manufactures conſiſt of
Woolens, Linens, Leather, Hats, Combs, Paper, and playing Cards; at Rouen,
Elbeuf, Darnetal, St. Aubin, Aumale, Bolbec, Louviers, La Bouille, Gournay, &c.
are made all Sorts of Cloth, Serges, Druggets, Ratives, Blankets, and divers Species
of Stuffs and Hangings, in which are employed about 1,100 Looms, and from
8 to 9,000 Bales of Wool (beſides other Materials) of which 5,000 are Spaniſh,
and the Reſt of the fineſt Staples of France. Linens of many Proportions and
different Fineneſs, are made at Ponteau-de-Mer, Lizieux, Bernay, Rowen, Caudebec,
Arques, and Montoilliers. The moſt conſiderable Tanneries are at Rouen, and its
Neighbourhood; and Hats are made in ſeveral of theſe Parts, though the Quan-
tity is vaſtly ſhort of what they have been formerly.
The Diſtrict of Caën has not a leſs extenſive or important Trade than this laſt
treated of, but it ſeems as if each Part of this Receiverſhip had appropriated a dif-
ferent Species of Buſineſs to itſelf.
Here are gathered a large Parcel of Drugs for Dying, ſuch as Woad, Argol,
Sumac, &c. The Butter of Iligny, the white Salt made in ſeveral Ponds, the
Linens fabricated at Bayeux, and in its circumjacent Parts, are the only Manu-
factures of it; the Wool, Hemp, and Flax in this Neighbourhood, are ſold un-
manufactured: In the Diſtrict of Vire are three great Forges of Braſiery, viz. at
Envou, Alouze, and Cherbourg; and here are made fome Woolens and Linens; at
St. Lo, Vire, Valogne, Cherbourg, Coutances, Freſne, St. Pierre-de-Antremont,
Athis, Flers, and Halouze, to the Amount of 28,500 Pieces of Cloth, Serges, and
Stuffs, beſides Linens, Hats, Stockings, Leather, &c. and the Territory of Alençon
is nothing inferior to the other preceding two, either in the Diverſity of its Com-
or Importance of its Trade. Large Parcels of various sorts of Linens
are made at Domfront, Vimoutiers, and thereabouts. The Manufacture of Vellum
was maintained through the long War at Alençon; the Magnificence, or
rather Extravagance of France, ſufficing for its Support, even in thoſe diſtreſsful
Times; of Cloths and Stuffs, from 50 to 52,000 Pieces, are made in this Diviſion
in a common Year. The Pins made at Laigle and at Conches, the Hardware and
Brafiery of this laſt, the Tanneries at Argentan, Vimoutiers, Conches, and Verneuil;
the Fabrick of wooden Shoes, the forming of Joiſts, Beams, and other Timber
for building; the fattening of Poultry for Paris, and the Butter and Eggs ſent
8 Y
there;
modities,
Lace,
726
GENERAL COMMERCE OF THE WORLD.
there; the Saltpetre, in the Diſtrict of Argentan, are no ſmall Addition to the
Commerce of Alençon; but the Glaſs-houſes at Nonant, in the Foreſt of Exme,
at Fortiſambert in the Foreſt of Montpinfon, and the two eſtabliſhed in the Thi-
marais, with the Forges for Iron at Chancegray, Varennes, Carvuges, Rannes,
Conches, and la Bonneville, are the Fabricks which moſtly enrich their Neighbour-
hood by their Quantities and Perfection ; and to theſe we may add the Breeding
a great Number of Horſes, and making large Quantities of Hats, as other Ad-
vantages to this Country.
16. Of BRETAGNE.
THE Products and Manufactures of this Province, are, iſt, Salt, of which is
annually made in the Pariſh of Bourneuf, from 16 to 17,000 Muids, and in
that of Guerrande, or Croiſic, from 20 to 30,000. 2dly, Butter, in the Biſhoprick
of Nantes. 3dly, Wines, more eſpecially thoſe on the River of Nantes, and theſe
moſtly diſtilled into Brandies, to the Amount of about 7,000 Pipes per Annum.
4thly, Corn (particularly from the Biſhoprick of Vannes) of which in a good Year,
after a ſufficient Proviſion made for the Province, 6,000 Ton of Wheat, and 9,000
of Rye, may be exported for Spain. 5thly, Hemp and Flax, principally culti-
vated in the Biſhoprick of Rennes, Treguier, Leon, and Dol, and ſold in Threads,
Stockings, Socks, Gloves, and Cloths, to a very conſiderable Value. 6thly, Iron,
(for which here are ſeveral Forges in different Parts) Lead, Coal, and Paper.
7thly, Pilchards and Mackarel, whoſe Fiſhery is carried on from Port Louis,
Belliſle, Concarnau, Audierne, and ſometimes from Breſt. 8thly, Woolens,
ſuch as Eftaminas, Druggets, Serges, Flannels, Crapes, and ſome ordinary ſmall
Cloths, made at Nantes, Rennes, Bourg, Dinan, St. Brieux, Lamballe, Chateau-
briant, Nozay, Redon, Yoſelin, le Guay de Plelant, St. Croix, Auvray, Vannes,
Maleſtroit, Rochefort, Chateau-neuf, Longonna, and Herviliać, to the Value of
about
And I ſhall here re-capitulate the afore-mentioned Commodities, and
ſet down what thoſe carried out of the Province may yearly
amount to
Linens of all sorts, to the Value of
12,000,000
Threads, crude, whitened, and coloured, to the Value of
1,000,000
Paper of different Sorts
200,000
Honey and Wax
600,000
Butter
100,000
Horſes 1,000,000, Oxen 350,000, Hogs 100,000, and Sheep 40,000,
in all
1,490,000
Grain 100,000, Salt 100,000, Fiſh 50,000, and Game 10,000,
in all
Poultry 14,000, Hides and Skins 60,000, Wines and Brandies
80,000, in all
Hemp, Tow, and Cordage 150,000, old Rags 10,000
Hair and Flocks 10,000, Staves 15,000, and Wood for Building,
and Fuel 230,000
Iron for Anchors 10,000, Cards 6,000, Tallow and Greaſe 100,000
Livres 40,000

260,000
154,000
160,000
255,000
116,000
Livres 16,375,000
17. Of the Duchy of Burgundy.
TI HE Wines of Dijon, Nuis, Beaune, Pomarre, Chaſſagne
, Mâcon, Tonerre;
Auxerre, &c, are the principal Products of this rich Province, and are
termed the Mother of Wine, not ſo much for the Quantity, as the Excellency of
its Quality: Here are however other Commodities, as Corn, Iron, Cattle, Wool
,
Hemp, &c. of which the following Manufactures are made, viz. from 12 to
juſtly
13,000
F R A N C E, &c.
727
13,000 Pieces of Cloths, Serges, and other Stuffs; the Crop of Wool amounts to
3 or 400,000lb. Weight; the Hides and Hats íuffice for the Uſe of the Inhabi-
tants; here are thirty-two Forges for Iron, and eight Paper Mills: Several Ingre-
dients for Dying grow here, and Woad in particular flouriſhes to a Miracle; Li-
nens are made at Vitaux, Saulieu, and Autun, though coarſe, and no large Quan-
tity; and a few Stockings, with ſome Lace, finiſh the Catalogue of this Province's
Productions.
18. Of FRANCHE-COMTE.
THI
HE Products of this Province conſiſt of Corn, Hay, Iron, Saltpetre, Salt,
Cattle, Butter, Cheeſe, and Horſes. The Rivers Saone, Doux, Lougnon,
Loure, and ſome Brooks, work upwards of thirty Forges and Furnaces, where a
large Quantity of Bombs, Bullets, and many other Iron Commodities are made;
Mafts and other Wood for Marine Conſtructions grow here in Plenty; and the
Saltpetre made in a common Year, is about 1,200,000lb. with Room for a con-
fiderable Augmentation at a ſmall Expence, upon a due Application. The Salt
is from the Pits of Montagne dorée, ſo named from the rich Treaſure it encloſes,
which however only conſiſts of two Drains of Water never dry, and which pro-
duced an extraordinary Quantity of this Commodity. The Studs of this Diſtrict
are very conſiderable, having always about 80 Stallions, 9,000 breeding Mares,
and from theſe about 5,000 Colts yearly; here is no Manufacture of Drapery,
nor any other Product meriting Regard.

19. Of DAUPHINE.
HIS Province being divided into Mountains and Plains, the Productions cor-
reſpond to this Diverſity of Soil and Situation. The Mountains produce Firs,
and other Trees proper for Marine Uſes, and cover ſeveral Sorts of Minerals and
Metals; and the Rivers that ariſe and flow from them, turn many Mills of Forges
and Founderies, for carrying on divers Works of Iron, Steel, Copper, and Lead,
according to the different Species of Metals caſt and wrought here. The principal
Iron Mine is in the Mountain of Allevard, fix Leagues from Grenoble, being of an
excellent Quality, ſoft, eaſy to forge and file, without Flaw. The Copper Mines
are in the Mountain of Cloche, and thoſe of Lead in the Gapençois, near the Cave
of the Arnauds, and at the Village of Argentieres, four Leagues from Briançon. In
the Territory of Beljes, there are Slates, in that of Larnage a Mine of Vitriol and
Copperas, and another of Tobacco-pipe Clay, worked up at Tain; Cezanne and
Ceſtiers, in the Briançonnois, produce Chalk, and ſeveral Parts in the Upper and
Lower Dauphiny, Coal and Saltpetre. The Manufactures, which theſe different
Metals and Minerals occaſion and maintain, are ſpread thro' the whole Province.
Steel is made at Rives-Moirans, Voiron, Beaumont-Furent, Tulins, Beaucroiſſant,
Chabons, and Vienne. The Iron is forged at St. Hugon, Hurtiers, Thois, Allevard,
Laval, Goncelin, la Combe, Vriage, Revel, des Portes, St. Gervais, and Royans ;
and Scythes and Sickles are made at Voiron and Viziles ; Sword Blades at Rives,
Beaucroiſſant, Tulins, Vioron, Beaumont-Furent, but above all at Vienne; Cannons
are caſt at St. George, and Anchors forged at Vienne : In fine, there are Copper
Forges at this laſt mentioned Place, Turins, Noiron, and Beaucroiſant; and the
Vitriol and the other Minerals are prepared in the Fabricks and Laboratories of
Allevard, Laval, la Cloche, Largentieres, Leſchet, Beauriere, and Larnage. Theſe
are the Products of the hilly Parts, and we will now deſcend to the Plains, where
may
find growing in their proper Seaſons, Hemp, Corn, and Mulberry-Trees,
for the Nourithment of Silk-Worms. The Linen Manufactures of the former are
at St. John-Cremiere, la Tour-du-Pin, Bourgoin, Vienne, Jallieu, Ruy, Lille Dabo,
Artas, St. George
, Voiron, and at la Buiſte. It is almoſt in the fanie Places
that Thread is ipun, for Sewing and for the different Sorts of Cap-making:
Silk is made through the whole Province, excepting in the Mountains, and
ſome Parts too cold for the Worms; and beſides theſe, here are many Paper
Mills at St. Donat, Chateau-Double, Perus, Dipmont, Chabueil, St. Villier,
Creſt,


we
728
GENERAL COMMERCE OF THE WORLD.
1
or
20.
TI
to confine my Diſcourſes only to the Products and Manufactures of the Countries
Languedoc is eſteemed as one of the beſt cultivated Provinces of the Kingdom
of France, and juſtly merits this Encomium ; its Inhabitants are numérous,
diligent, ſkilful, and induſtrious; it enjoys the Advantage of having a greater
Creſt, Vienne, Rives, Pariot, and Vizille. The Fabricks of Hats are eſtabliſhed
at Grenoble, Fontenil, Safenage,' Voreppe, Moirans, Creſt, and Pont-en-Royans.
Large Hides are dreſſed on the side of St. André, St. Jean-de-Bournay, Vienne,
Serre, Grenoble, Lumbin, Croles, and Goncelin; the Skins and ſmall Hides are
- tanned at Grenoble, Voiron, Romans, Valence, Loriol, Livron, Moutelimazt,
Dieu-le-fit, Vienne, and St. Antoine de Viennois. The Cheeſe of Saſſenage
other Parts, fold under that Name; Gloves of Grenoble fo light and fine: The
Pine-Nuts, Rofin, Turpentine, &c. gathered in theſe Parts, make a confi-
derable Addition to the Trade of them ; but I have yet to treat of a principal
Branch, viz. that of the Woolen Manufactory carried on at Grenoble, Voiron,
I ulin, St. Marcollin, Roybon, Serre, Beaurepaire, St. Jean-en-Royans, Romans,
Pont-en-Royans, Creſt
, Montelmart, Tollinian, Dieu-le-fit, Buis, Valence, and
Vienne, in all which Places are annually made from 38 to 40,000 Pieces of
Cloths and Stuffs.
OF PROVENCE.
HIS Province is very fertile in Wine, Olives, Saffron, Oranges, Lemons. .
Prunes, Almonds, Nuts, Pomegranates, and all Sorts of excellent Fruit; and
here is alſo gathered a very great Quantity of Silk and Wool: Of the Olives is
made large Quantities of the ſweeteſt Oil, beſides thoſe pickled, for which the
Provencials have the beſt Method yet known. Their Muſcated Wines of St.
Laurent and Ciutat exceed any Thing of that Nature, and add to the Delights of
the beſt Tables: The Raiſins, wherewith theſe Wines are made, and particu-
larly thoſe gathered about Roquevaire and Auriol, are excellent in their Kind, as
the Figs are dried here of two Sorts, and no Part of the World comfit their Fruits
in that Perfection as here. The great Number of the Mulberry-Trees with
which this Province abounds enables the Natives to breed vaſt Quantities of Silk-
Worms, and thereby procure large Crops of their precious Webs. The Soap,
particularly that of Marſeilles and Toulon, is in very good Repute, though gene-
rally allowed to be inferior to that ſhipped at Alicant in Spain. There are in
Provence fixty Paper Mills, where many sorts of this Commodity are made; and
the Tanneries are many and very conſiderable. The Country Wools are em-
ployed in divers Manufactures of Stuffs, and many Fabricks of Hats; the latter
at Aix, Marſeilles, Toulon, and in the Principality of Orange ; and the former at
Toulon, la Roque, Meuve, Solieres Cuers, Pequanto, Camoulles, Luc, Draguignan,
and at Lorgues, though a great Part of theſe are made of Spaniſh Wool, pure
and
unmixed : At Gordes, Apt, Ayquieres, Auriol, Signe, Colmars, and Digne, are
likewiſe made ſome corded and other Stuffs, as there are at Arles and Grig-
nan, of other Species: In this Province alſo are made many Hammers for
Copper Work, which are all the Commodities it furniſhes to Trade.
21. Of LANGUEDOC.
LTHOUGH this and the laſt-mentioned Province are joined together,
ever, very differently divided, in Regard of the neceffary Advantages for Trade,
more eſpecially in their Ports, with which the other abounds; and to this Na-
ture has given one, ſo that the few it enjoys, are the Effects of Art, made with
a great deal of Trouble and Expence : However, as in theſe Sections I propoſe
treated of, I ſhall omit enlarging on their Situation, at leaſt at preſent,
profecute in this, the Method I have obſerved in my Account of all the pre-
ceding Provinces.

how-

and
cultivated, and ſo well peopled, might raiſe a much greater Revenue, fupport
a much
5
FRANCE, E c.
729
a much greater Number of Inhabitants, and furnith the State with much larger
Succours, if it underſtood to attract by a ſuitable Culture all thoſe Advantages
which it is capable of procuring; it has Plenty of Corn and Wool, but it might
largely augment its Crops of Wine and Oil, and expect a ſurer, more benefi-
cial, and immediate Sale to theſe Commodities, than they ever find, or can
hope for from the others; the Growth of Silk might alſo be greatly encreaſed,
and Cotton might be planted to Advantage, and this further improved by eſta-
bliſhing Manufactures 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 ſhall not enlarge on what this Part of France might be made to produce,
but now acquaint my Readers with what its Products and Manufactures actu-
ally are.
This fruitful Province, one of the largeſt, richeſt, and moſt agreeable of that
Kingdom, has two great Salt Marſhes, the one at Mordirac, the other at Sigean,
both yielding vaft Quantities of that uſeful Commodity. At Rieux, la Grange-
des-pres
, Lodéve, Carcaſſonne, Limoux, Caſtres, Alby, Alet, St. Colombé, Lauclanet.
Laiſſat, la Grace, les Saptes, Calabre, Mazanet, Terriéres, la Caume, Bedarrieux,
St. Sivian, Quiſſac, St. Hypolite, Bauzely, Vigan, Ganges, Saumennes, Anduze,
Alais, St. Gervais, Sommieres, Gardonnenque, la Salle, Beziere, Aniane, and Beau-
caire, are many Woolen Manufactures of Cloths, Serges, Ratines, Baize, Crapes,
Druggets, Linſey Woolſey, and ſeveral other Sorts of Stuffs : Of the filken Fa-
bricks, the principal are at Toulouſe
, Montpelier, Niſmes, Alais, and in ſome other
Towns and Villages along the Rhone, where are made Taffeties, Tabbies, Crapes,
Tarandines, Brocades, Damaſks, and ſome Goods with a Mixture of Silk and
Wool, in which all the Silk gathered in theſe Parts is employed, being from 12
to 1,500 Quintals in a common Year. The Verdegris made at Montpelier and its
Neighbourhood, and the Cryſtal of Tartar prepared at Aniane, are in great Eſteem
among Strangers. The Dioceſe of Mirepoix has alſo Mines of Iron, Coals, and
Jett; the Iron is found and wrought at Courſouls, St. Colombe, Quillau, and at
Beleſtat; the Coal at Trimont, and at St. Benoiſt; and the Jett at Lovan, and Ra-
nalet. Of Hats the Fabrick is very conſiderable in theſe Parts; they are made
at Montpelier, Quiſac, Sauve, St. Hypolite, Saumennes, Anduſe, Alais, Uſes, St.
Geniez, la Salle, Niſmes, Clermont, Beaucaire, Valborgne, Mairvrin, and Vala-
rangue : Cheſnuts and Hemp are plenty in the Vivares; and in the Dioceſe of
Carcaſſonne, all the Inhabitants of the fix Boroughs, compoſing the little Territory
of Graiſeſac, are Nail-Makers. The Fabrick of Lace employs a good Part of the
Workmen in Velay, and beſides the Manufactures before-mentioned at Mont-
pelier, there are made Blankets, Wax is whitened, and thoſe Drams, called Rof-
ſolis, compoſed in greater Quantities than can be conſiſtent with their Drinkers
Health : But to abbreviate the Detail of this Province's Products, I ſhall excuſe
giving a more particular Account of them than the preceding; though in the
following general one, I ſhall ſet down the Value of the total Produce and Ma-
nufactures, and add what Share of it is fuperfluous to the Province's Conſump-
tion, and therefore ſent into others, and abroad.

8 Z
Merchandize
730
GENERAL COMMÉRCE OF THE WORLD.
Livres 13,09 3,000
Merchandize and Com The Price at which The Value of the Goods
modities of the Growth each Article in and Merchandizes, ex-
and Manufacture of Lan Trade is fixed and tracted for
for foreign
guedoc.
may amount to in Parts, and other Pro-
a common Year. vinces.
Ls. 1,200,000
Grain
Wine
Brandy
Hungary Water
Drams
Verdigris
Olive Oil
Woad
Saffron
Prunes
Soude, or Kale
Turnfol, or Heliotropium
Cheſnuts
Wood
Staves and Caiks
Silken Goods
Cattle and Wool
Forged Iron
Nails
Melting down old Copper
Paper
Parchment
Cards
Soap
Whitening of Wax
Linens
Laces for Stays
Pilchards, and other Salt-Fiſh
Lamb and Kid Skins
Gloves
Sheep, Goat, and Buck Skins,
dreſſed into Chamois
Glue
Drinking and Sath Glaſſes
Plate Glaſs
Laces of Puy
Fuſtians and Dimities
Blankets
Hangings
Fine and ordinary Stuffs
Ditto Cloths
Worſted Stockings
Hats
Taffeties, Ribbons, and
Silk Stockings
Coarſe Silk Stuffs
Confection of Alkermes
Eels of Aigueſmortes
Sardignas
Garden-Seeds
400,000
830,000
440,000
120,000
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
har 10,000
100,000
830,000
440,000
I 20,000
150,000
200,000
2,000,000
50,000
100,000
I 20,000
50,000
15,000
150,000
300,000
60,000
1,800,000
1,000,000
I 20,000
140,000
20,000
140,000
15,000
60,000
105,000
150,000
30,000
10,000
100,000
800,000
50,000
30,000
5,000
50,000
60,000
400,000
30,000
150,000
258,000
50,000
20,000
30,000
60,000
90,000
230,000
20,000
4,100,000
8,450,000
40,000
400,000
40,000
60,000
20,000
5,300,000
150,000
900,000
80,000
50,000
35,000
30,000
30,000
600,000
50,000
50,000
20,000
15,000
15,000
Livres 25,198,000
22. Of
FRANCE.
731
22. Of the Lower Navarre and Bearn.
IF F Bearn cannot be called fruitful, the Lower Navarre is much leſs ſo, being a
mountainous barren Country, whoſe Soil will not produce any Thing but thro'
Force of Application and Care; and it is owing to the Affiduity, Labour, and In-
duſtry of the Inhabitants, that it yields the little it does. The Valleys of Baretons,
Aſpe, and Offant, in the Precinct, or Senechauſee, of Oleron in Bearn, produces
Pines to make Maſts for the Royal Navy; they likewiſe en cloſe ſome Mines of
Lead, Copper, and Iron, which employ a Quantity of Forges, Founderies, and
Hammers; fome Salt is alſo made in different Parts of Beari, though very little
more than ſerves for the Natives Conſumption. The Productions of this
Country for Trade are Wine, Wheat, Millet, Oats, Apples, Flax, and Hemp,
with which latter they make ſome Linen, as they do Cider with their Apples,
ſelling their Wine, of which that of the Seneſchalry of Morlac is eſteemed ex-
cellent. Theſe two Provinces, more eſpecially the Mountains of Navarre, have
moſt admirable Paſturage, which enables the Inhabitants to breed and raiſe a
great Number of Horſes, black Cattle, and Sheep, of which latter the Wool
is ſo fine as to paſs for that of Spain; though here are no Woolen Manufac-
tures except a trifling one for coarſe Cloths for the poor Natives Uſe.
23. Of French-Flanders.
OF which Life is the Capital and Centre of its Trade; its Manufactures, and
the Undertaking of its Merchants, employ and maintain about 100,000
Workmen, either in the City, Suburbs, plain Country, or the neighbouring
Villages : The Commodities which this Part of Flanders produce are Grains of
all sorts, for the Food both of Men and Beaſt; Hay, Wood, Fruit, Wool,
Horſes, Flax, Cattle, Butter, and prodigious Quantities of Rape Oil.
The Manufactures conſiſt in Cloths, Serges, Ratines, and divers other Sorts of
Stuffs, made with Wool alone, or mixed with Silk or Thread; and others, where
ſeveral Sorts of Linens are made, both figured and plain; Hides differently tanned;
Tickings, Camlets Damaſks, Velvets, Laces white and black (either of Thread
or Silk) Tapeſtry, gilt Leather, Pipes, Match, Pafteboard, Stockings, Breeches,
Caps, or other ſuch knit or wove Work; fine Ozier Baſkets, Hats, Barragons,
Crapes, Blankets, and ſeveral other Species of Stuffs : All theſe Manufactures
are eſtabliſhed in the City of Liſle, and the Commerce they occaſion can hardly
be imagined. At Orchies are made Trippes ; at Douay, the ſame Things in
Proportion as at Liſle; at Armentiers Eftaminas, ſome Cloths, and a very few
light Stuffs; it is in this City alſo that the Linens made in tlie adjacent Parts
are all fold ; at Lanoy and its Juriſdiction ſome light Stuffs alſo are made. At
Gorgche is a Fabrick of plain and figured Linens, whitened in the Whitſteries
of this Place, which are excellent for the Purpoſe. There are ſeveral Looms of
Woolen Stuffs, or thoſe mixed with Silk, at Roubais and Turcoing; at Menin
is a Fabrick of Linen, and another of Hats; and in fine, at Tournay are made
worſted Stockings, mock Pluſh, and Earthen-Ware.
24. Of Lorrain and Bar.
T
HERE are but few Woolen Manufactures in either of theſe Duchies, and
none of Silk; what little is carried on of the former is at St. Nicholas, St. Ma-
rie-au-Mines, but the Cloths are very coarſe and in little eſteem. At Nancy is a
Fabrick of ordinary Hangings, though ſo trilling, that I ſhould not have mentioned
it, but to avoid leaving out any Manufacture in a Country where there are ſo few.
That of Thread Laces is not only more conſiderable, but is almoſt the only one that
merits any Regard; Mericourt, Vezelize, Neufchateau, and ſome Villages in their
Juriſdiction, are the Places where moſt 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 Spaniſh Markets, where ſeveral thouſand Pieces are annually ſent. Houſehold
and other Sorts of Linen, Worſted Stockings and Caps, Hats, Cordage, Nails, and
Paper,
I
732
GENERAL COMMERCE OF THE WORLD.
tility, and the Number of its Products; however, Straſbourgh (the Capital
of the Lower Alſace) furniſhes Trade with Tobacco, Brandy, Hemp, Madder,
Alkermes, Saffron, Hides, Tallow, Wood, and large Cabbages, of which laſt
Paper, are alſo Manufactures of theſe Provinces, but all conſumed at Home; and
what they afford for Trade is Salt, Iron, Alum, Salpetre, Wood, Cattle, Wool,
Rape Oil, Honey, Wax, Wine, Brandy, Skins, and Glaſs. Places
proper
for
making Salt are found in many Parts of Lorrain, ſo that at leaſt a Dozen might be
appropriated to this Purpoſe, which would furnith a large Quantity of an ex-
cellent Sort; though only three are now wrought, viz. at Rozieres, Chateau-
Salins, and Dieuſe.
The Iron Mines are chiefly in the Mountains of Voſge, though there are ſome
in the plain Country; they afford Plenty of Metal, and employ a great Number
of Forges. The Allum Mines are only found in the Voyvre near Longevi, and
are of little Advantage to the Lorrainers, as they neither know how to extract or
prepare it. Of Saltpetre they have no Mine, but collect it, as elſewhere, on the
Walls of old Houſes, and other antique Buildings. Timber and Maſts are felled
in the Mountains of Volge, both for Ship and Land Uſe; and the Glaſs-houſes
are eſtabliſhed in the Woods of the Provoſtry of Arnay, in thoſe of St. Michael,
and at the Village of Tavoy, three Leagues from Nancy. Brandies are diſtilled
at Pont-a-Mouſſon, though not from Wine as in other Parts of France, but from
the Preſſings of the Grapes, which are every where elſe regarded as uſeleſs, or
at moſt ſerve only for feeding Pigeons, or to dry and burn. The Skins, par-
ticularly thoſe of Bears, which are taken in large Quantities in the Mountains,
and the Foreſt of Voſge, are ſold at Straſbourgh, &c. Wheat grows here in
Plenty; and the Lorrainers are eſteemed the beſt Founders in Europe, eſpe-
cially for Cannon, Mortars, and Bells; the Inhabitants of Leveſcour, Outremi-
cour, and Breranne, are the moſt reputed for theſe Fabricks, and this Art may
be regarded as a Sort of Trade in Lorrain.
25. Of the three Biſhopricks.
NDER this Title are comprehended Metz, Toul, and Verdun, three impe-
U
of this Country are Wine, Wood, Grain, Salt, Hides, Fruits, Confectionary,
Brandy, Linen, and wrought Wood of St. Lucia (a ſweet-ſcented Wood;) be-
fides which here are ſeveral Woolen Manufactures, and Fabricks of Caps; the
beſt of which are eſtabliſhed at Metz, and its Neighbourhood, which conſiſt of
all sorts of Ratines, divers Species of thin Serges for the Women's Wear, coarſe
Cloth, with ſome Druggets, and Eſtaminas. Toul and Verdun have alſo fome
of theſe Manufactures, but very inconſiderable, both in Quantity and Quality.
Worſted Stockings are made in all the three Cities, and theſe Parts abound ſo in
Tanneries, that there are above forty at Metz, more at Verdun, and ſeveral at
Toul. A Sufficiency of Salt is extracted from the Works of Moyenvic, as theſe
produce about 9000 Muids per Annum. Oil is made here from the Lorrain
Rape-Seed, both for their Woolen Manufactures and Lamps. The Mountains
of Voſge furniſh the three Biſhopricks with Cattle, Butter, Cheeſe, Skins (eſpe-
cially thoſe of Bears) and Wood for all Uſes; beſides which they make Brandy in
the Manner that is expreſſed under the preceding Section of Lorrain.
26. Of ALSACE.
HE Trade carried on in this Province, bears no juſt Proportion to its Fero
Commodity, though ſeemingly trifling, there is yearly fold at Mayence and in
Holland, to the Amount of 30,000 Crowns: The Manufactures of this city con-
fiſt of Hangings, ordinary Čloths, Blankets, Serges, and ſome Linens, inade both
of Hemp and Flax; at Giromani, St. Marie-au-Dines, Aſembare, and Munſter,
are Mines of Silver, Copper, and Lead, all in the Upper Aljace; and to melt and
prepare
the Iron of theſe Mines of Befort, there are many Furnaces and Forgeş
in the neighbouring Foreſt, and for thoſe of Copper, a Number of Hammers and
Founderies.
5

1
27. Of
F R A N C E,
533
&c.
27. Of ROUSSILLON.
HE Wool, Iron, and Olive Oil of this Country are the principal of its
moſt equal the Spaniſh in Quality; the Extract of Oil in a common Year, is to
the Worth of 2 to 300,000 Livres; but of the Wine, though good, only a
middling Quantity is fold; the Reſt of their Trade conſiſts in Wheat; Millet,
large Cattle, and Sheep. Rouſſillon has no one conſiderable Manufacture ; here
are however ſome Blankets, ordinary Linens, and coarſe Cloths, made for the
Peaſants Clothing and Uſe.
I HAVE now finiſhed my Detail of what each Country of France pro-
duces, and ſhall next inform my Readers how theſe Products are diſpoſed of, in
the general Traffick of that Kingdom, excuſing to mention any Thing of the
Trade carried on with Great-Britain, as this has been ſpoke to already.
The Commerce of France is extended almoſt to every Part of the known World,
where any is carried on, and it is this only I ſhall ſpeak of, without regarding their
Home Trade, and ſhall begin firſt with that they maintain with Holland, as the
moſt conſiderable of any other they are engaged in; and the principal Cities con-
cerned in it, are Paris, Rouen, Orleans, Dieppe, Dunkirk, St. Valery, Cain, Nantes,
St. Malo, la Rochelle, L'Ile de Rhé, L'Iſle d'Oleron, Bourdeaux, Berberac, Mon-
tauban, Bayonne, Lyons, and Marſeilles, whoſe Trade with the Dutch I ſhall de-
ſcribe in Order. Of the Manufactures of Paris, are ſent to Holland all sorts of
rich Silks, as Gold and Silver Brocades, and thoſe without either of theſe Metals ;
Gros de Tours, Damaſk, flowered and plain Sattins, Tarandines, Thread Laces,
Ribbons and Girdles, Aprons, Head Dreſſes, Gloves, Fans, Jewels, Books, & c
From Rouen they extract Linens, Caudebec Hats, Laces of Silks, and of Gold and
Silver, true and falſe, Silk and Worſted Stockings, divers Sorts of Mercury and
Hardwares, Greening Weed for Dyers, Thiſtles for Clothiers, Salh Glaſs, Bon
Chrêtien Pears, Rennet Apples, Cider, and Sweetmeats. From Orleans, they have
only Gấtinois Saffron, Orleans Wine, and ſome from the Loire, and Brandies :
Dieppe furniſhes them with Salh Glaſs, 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 the Returns the former
gets by its American Commerce, and which is principally ſent to Rotterdam. St.
Valery has hardly any Trade with the Dutch, nor does Caen remit them any Thing
but Paper, which is ſent both to Amſterdam and Rotterdam. St. Malo ſupplies
the former with Paper, Honey, Grain, Calf-Skins, Grindſtones, India Goods,
coarſe Sugars, and ſeveral Spaniſh Commodities.
Nantes ſends them Bretagne Linen, Butter (when ſcarce in Holland) Corn, ſuch
as Wheat, Rye, and Mallin, Honey, Gâtinois Saffron, Loire Wine and Brandy,
Paper, Prunes of St. Catharine, Sugar, Indigo, Cocao, Rocou (for Dying) and
Cotton Wool : Rochelle furniſhes Amſterdam with Wine and Brandy, Salt, Paper,
brown Sugar, Syrup, Indigo, Martinico Cocao, Walnut-Tree Boards, &c. The
Ifles of Rhé, Oleron, and Town of Cognac, ſupply it plentifully with ſmall Wines
(particularly that from St. Martin Brandy, and Salt. Bourdeaux ſends there
Brandy, Vinegar, Perigord Cheſnuts, Prunes of St. Antonin, Walnuts, and
Walnut-Tree Planks, Honey, Montauban Saffron, Linſeed for Oil, Paper, Turper
tine, Refin, and Pitch, coarfé Sugars, Indigo, and Rocou, Syrups, and ſeveral other
Commodities. Bergerac only affords for this Trade, Wine and Cheſnuts, with
which at leaſt a hundred and fifty Ships go yearly loaded from hence and Li-
bourne to Amſterdam. From Bayonne are carried there the ſeveral Wines of your-
nanſon, Bearn, Chaloſe, and Cape Breton ; Brandies, Cheſnuts, Prunes, Hams,
Liquorice, Turpentine, Refin, and Pitch; a large Parcel of Spaniſ Wool, Honey,
Bed Feathers, and Linſeed. Lyons only deals with Amſterdam in Silks and Ex-
changes, though Marſeilles ſends there Olive Oil, Soap white and marbled,
Brandy, St. Laurence Wine, Olives, Capers, Anchovies, Honey, Almonds, Figs,
Raiſins, Currants
, Tunny Fiſh, Dates, Verdegris, Perfumes, Woad of Languedoc,
Marſeilles Quilting, Silk Stockings of Niſmes, all sorts of Arabian and Levant
Drugs,



9 A
734
GENERAL COMMERCE OF THE WORLD.
Monſ. Boreel repreſents, that beſides all this, Holland annually extracted
from Rochelle, Marans, Brouage, and the Inands of Rhé and Oleron, above
other Grain that they take from France in a plentiful Year, which ſometimes
amounts to more than fix Millions; and, though their Trade muſt have ſuffered
ſome Alteration in near a Century that has elapſed ſince the above Calculation
was made, yet it ſtill continues very great, and moſt of the fame Commodities
Drugs, Coffee, Silk, Cotton Wool and Thread, Angora Goats Hair, Camels
Hair, and ſeveral other Sorts of Merchandize.
And what Holland ſends to France in Return, are Cloths, Cambricks, Hollands,
Cotton Wool and Thread, Chints and Muſlins (but theſe by Stealth, as they are
contraband) Sugar-Candy, Pepper, Cinnamon, Cloves, Mace, Nutmegs, writing
Quills, fine Wool, Horſe Hair, Ox Horns, Drugs for Dying, Diamonds, Pearls,
and Seed Pearls, Madder, Galls, Gums, Allum, Copperas, Vitriol, Pewter, Lead,
Copper, Tin, Steel, Iron, Iron Plates, Pots and ſeveral other Works of this Metal;
Limbecks for Diſtilleries, and Kettles for boiling Sugar ; Braſs and Iron Wire,
Quickſilver, refined Brimſtone, all Sorts of tanned Hides, Ruſſia Leather, all Sorts
of Skins, Flax, Hemp, Cables and Cordage for Ships, Sail-Cloth, Mafts, Yards,
and Plank for all Marine Uſes ; Timber for Houſe-building, Reſin, Pitch, Tar,
Cheeſe, Tallow, Candles, Butter, Salmon pickled and ſmoaked, Herrings, Whale-
bone, Train, Linſeed, and Rape Oils, Linſeed for ſowing, Muſk, Civet, and Am-
bergris, Coral, and yellow Amber, Staves, Caiks, Athes for the Soap Works and
Whitſterers, white and yellow Wax, Wax Candles and Flambeaus, Starch; all
Sorts of Thread for Sewing or Weaving, as alſo for making Cables and Sails,
China-Ware, Tea and Chocolate, Couries, and all Sorts of Copper Baſons and
Merceries for the Guinea Trade; Tapeſtries of different Species, Cannon, and
all Sorts of Fire-Arms, Powder, Bullets, and Bombs.
By which may be in Part ſeen how conſiderable a Trade is carried on between
France and Holland; and if we may believe the Author of the Memoirs on the
Commerce of the Dutch, Monſ. Boreel, who was their Ambaſſador to his moſt
Chriſtian Majeſty, had declared and proved to the French Court, that in the
Year 1658, Goods had been entered in the ſeveral Cuſtom-houſes of the ſeven
United Provinces to above three Million and a Half of Guilders in Value, in
the following different Sorts of Commodities, viz.
Guilders.
Of Velvets, Sattins, Gold, Silver, and other Brocades, Taffeties, &c.
made at Lyons, Tours, and Paris, to the Value of
6,000,000
Of Silk Ribbons, Thread, and Gold and Silver Laces, Buttons, Stay-
Laces, &c.
2,000,000
Of Caſtor, Nicuna, and Caudebec Hats, made at Paris, &c. 1,500,000
Of Feathers, Belts, Fans, Head-Dreffes, Looking-Glaffes, Watches,
Clocks, and other Merchandize of this Sort
2,000,000
Of Gloves made at Paris, Rouen, and Vendome
Of Wools fpun in Picardy
1,500,000
Of the different Sorts of Paper made in Auvergne, Limoſin, Poičtou,
Champagne, and Normandy
2,000,000
Of Pins and Needles, Box, Ebony, and Ivory Combs
500,000
Of Hardware from Auvergne
500,000
Of the different Sorts of Linens from Bretagne and Normandy
5,000,000
Of Furniture, Beds, Quilts, Blankets, Curtains, and Fringes
Of Bourdeaux, Gaſcoyne, Saintonge, Orleans, Anjou, and Nantes Wine 5,000,000
Of Brandy and Vinegar
Of Saffron, Soap, Honey, Almonds, Olives, Prunes, &c.
Which Imports together make thirty-fix Millions of Guilders 36,000,000
exchanged as was by the preceding Account.
The French likewiſe carry on a very important Trade with Portugal
, Spain, and
Italy, though nothing nigh ſo much as they formerly did, as Spain in particular
has within a few Years paſt ſet up ſeveral Manufactures of Silk, more
1,500,000
5,000,000
1,500,000
2,000,000

eſpecially at
Valencia,
F R A N C E.
735
Valencia, which now rival the Lyonnois Fabricks in Pattern, Goodneſs, and Dye;
they however ſtill ſupply Portugal with this Commodity, and both Kingdoms in
ſome Woolens for their American Trade; on the contrary, raw Silk is carried from
Italy to France as well by Sea as Land, and all the Italian States in Return take off
ſome Part of their fleecy Treaſure wrought into Serges, Cloths, Druggets, &c. Of
Hats, ſome are yet exported to all theſe Countries, though in nothing near the
Quantities as was uſual when thoſe of Caudebec were the celebrated ones of Europe;
their Linens and Lace alſo continue to find a Sale as well in moſt Part of Italy as
the Spaniſh and Portugueſe Dominions, both in this Part of the Globe and America;
and theſe States furniſh the Wants of the French with large Parcels of Hides from
Buenos Ayres and Neuva Colonia, as they do with Snuff and Roll Tobacco; of the
former it is ſaid, about two thouſand Ton from Spain, and as much of the latter
from Portugal; they alſo take from Spain large Quantities of Soap ready made,
with Oil and Sofa or Barilla, to manufacture more at Home; and with this latter
they likewiſe ſupply themſelves for their Plate Glaſs Fabricks. With their Wine,
Brandies, and Salt, they carry on a prodigious Trade to all the North, for though
many of thoſe Parts are ſupplied with theſe Commodities at Second-hand by the
Dutch, yet none totally; for Sweden, Denmark, Ruſſia, and the Dantzickers relieve
a great Part of their Wants with their own Shipping, which they load with Iron,
Steel, Copper, Tin, Lead, Powder, Stock-Fiſh, Salt-Fiſh, Tallow, Wools, Boards,
Maſts, Hemp, Cordage, Tar, and other naval Stores for the French Markets;
though indeed, in Regard of the French Intereſt, it ſignifies very little what
Nations are the Exporters of their Commodities, provided they be taken off.
They carry on an immenſe Trade to the Levant, and on the Coaſts of Barbary,
principally with their own Products and Manufactures, and ſupply all their Weſt-
India Settlements with them ; they ſhare all the European and American Fiſhe-
ries, and if they do not do as much as the Engliſh and Dutch do in them, they
do more I believe than all the other Nations put together. Their Commerce
with Germany is alſo conſiderable, and a great Part of this is carried on by Land,
as the two Empires in many places join, ſo that Silks, Salt, Woolens, &c. they
may get to Market without the Intervention of any Sea Carriage, and bring back
an Affortment of thoſe fine Threads and Laces for which many of thoſe Parts are
ſo famous. The Flemings come empty, and load back with Wine, Brandy, Syrup,
and Sail Cloth. The Hamburghers bring Lead, Copper, Starch, Staves, Steel,
Iron; and in Return take Salt, Wines, Brandy, Indigo, Ginger, and Paper. For
carrying on their Weft-India Trade, the French have a Company with an exclu-
five Charter, which was at firſt formed in 1628, to ſupport the Colonies they had
at that Time eſtabliſhed in Canada, and to ſettle others in that vaſt Tract of Land
then moſt Part unknown; this Company immediately began to flouriſh, and the
large Settlements ſince made there are properly owing to its Activity and good Ma-
nagement, though it ſubſiſted no longer than till 1649, when it began to fell Part
of its Grant, and finiſhed the Whole by 1651. This occaſioned a Succeſſion of
Companies under different Denominations, and frequently ſplit into ſeveral Socie-
ties, too prolix to be inſerted here, till they were reunited again in one, in 1664,
under the Title of The Royal Weſt-India Company (but this only laſted for about
nine Years, when the King annulled the Patent, and annexed all the American
Settlements to his Crown) at which Time there was alſo eſtabliſhed a more con-
fiderable Aſſociation, I mean that of the Eaſt-India Company, which ſtill ſubſiſts;
and there are now very large Colonies and Settlements in both the different Dir-
tricts, though the Support of the one and the other has coſt that Monarch ſeveral
Millions. Here is likewiſe the Company du Baſtion de France, ſettled in the
Kingdom of Algiers; and that of Senegal, after ſome Years Traffick, was in 1718
ſwallowed up by their grand Company of the Indies; though out of this ſprung
their Guinea Company, which changed its Name for that of the Aſiento, and
then for the South Sea Company, and in its Turn loft both the one and the other,
in its Abolition, the King ſaying the Trade of their Diſtrict open to all his Sub-
jects in 1716. They have alſo had their Hudſon's-Bay, Miſilippi, Weſtern, and
Canada Companies; the Company of Acadie, Company of the North, Levant
Company, and St. Domingo Company, all which have been ſo altered and jum-
bled together, that it would take up too much Time, and be little to the Pur-
5
poſe,



736
GENERAL COMMERCE OF THE WORLD.
parillas of Bruges, and Picottes of Life, Tapes white and coloured, Butter, Cheeſe,
Salt, &c. The Hamburgbers likewiſe take off theſe Commodities, and beſides, they
poſe, to give a diſtinct Hiſtory of them : I ſhall therefore conclude my Diſler-
tation on the Trade of France, with this additional Remark, that, notwithſtand-
ing its Sufferings by the late War, it ſeems a very growing one, and muſt be
regarded with a jealous Eye by every Well-wiſher to that of Great-Britain.
Of the Trade of Spain.
TI
HE principal, and moſt beneficial Branches of this Commerce, have been
treated of already in that carried on with us, as the Trade with the French can
never be accounted ſo, the Balance being greatly in their Favour, even in that
(leſs than middling) Traffick yet ſubſiſting between the two Crowns. The chief
Places of Trade in Spain, are Madrid, St. Sebaſtian, Bilboa, Seville, Cadiz (and in
its Bay, St. Maria, Port Real, St. Lucar, and Rota) Malaga, Carthagena, Alicant,
Valencia, and Barcelona, in all which the Dutch have ſome Commerce, and, next
to that with the Engliſh, the moſt advantageous one to the Spaniards. Madrid, the
Capital of Spain, is ſituated almoſt in the Middle of it, and conſequently lies very
diſtant from the Sea, which however does not hinder its carrying on a conſiderable
Trade, by Means of the Correſpondence it has ſettled with the ſeveral Sea Ports
of the Kingdom, and elſewhere, more eſpecially at Cadiz and Carthagena, as theſe
are the uſual Places where Goods are landed for the Metropolis; and it is here that
all foreign Commodities are entered for the Court, on Account of the Difference
in the Cuſtoms, which greatly vary between the ſeveral Ports in this Kingdom.
At St. Sebaſtian's great Quantities of Wool are ſhipped for England, France, and
Holland, as alſo Cheſnuts and ſmall Nuts for the latter, both from hence and Gigon,
which is but a little diſtant. From Bilboa, the Dutch carry Wool, Iron, Saffron,
Cheſnuts, Oranges, and Lemons : From Seville they take Olives, Oil, Wool,
Oranges, Lemons, Morocco Hides, and Wine: From Cadiz, they have Indigo,
Cochineal, Tobacco de Verines, Jeſuits Bark, Sarſaparilla, Venelloes, and other
American Drugs and Hides, Salt, Wine, Oil, Figs, Raiſins, Wools, &c. At Ma-
laga and Carthagena, they ſupply themſelves with Wool, Oil, Olives, Raiſins, Figs,
and Wine, and from this latter with ſome Sofa and Barilla. Alicant affords them
ſtill greater Supplies, as from hence they have a better Sort of the laſt mentioned
Commodity; Red Wine (accounted by the Dutch a good Remedy for the Dyfen-
tery) Caſtile Soap, Anniſeeds, Cummin-Seeds, Almonds, Raiſins, Saffron, Oil, and
Salt. Valencia, though the Capital of the Kingdom of that Name, and a moſt de-
lightful fertile Country, produces nothing for the Dutch, nor indeed any other Na-
tion, but raw or wrought Silks, of which the firſt is however generally all ſhipped
at Alicant, when the Extraction is permitted (which has for lome Years been de-
nied) and Valencia grows no Almonds or Wines, as moſt Authors have erroneouſly
aſſerted. Barcelona is the Capital of Catalonia, where ſome few Woolens are made,
though the only Extracts from theſe Parts for Holland are Brandies and Nuts,
chiefly ſhipped at Saloe. The Merchandizes which the Dutch carry to Spain
Holland, Sileſia, and Oſnabruck Linens, printed Cottons and Chints, Mullins, Cani-
bricks, Brabant and Flanders Lace, Gold and Silver ditto, Engliſh and Dutch Cloth
(though I believe theſe are now prohibited) Gold, Silver, and Silken Stuffs,
Gauzes, Ribbons, Fans, Wigs, Velvets plain and flowered, Caftoys, silk and
Worſted Stockings, Merceries, and Hardware of all Sorts, Pepper, Cloves, Mace,
and Nutmegs, Wheat and
other Grain, when wanted, Wood for the Building of
Ships, Canvas, Cords, and Twine, Ships built on Purpoſe for Sale, Anaſcotes
, Lam-
fewing Thread, Paper, Cards, Table Linen, Ruſſia, and other Hides, &c. The
Commerce between Italy and Spain confifts in ſeveral sorts of wrought Silks from
Naples, Florence, Milan, Genoa, Melina, and Leghorn, Hoops, Pipe-Staves,
Linens, and Corn, on Failure of the Spaniſ Harveit. The Swedesand Danes bring
only Iron, Copper, Pitch, Tar, and Lumber; and re-load with Wine, Brandy,
yearly freight two or three Ships, to load almoſt folely with Saffron and Almonds.
The Illand of Majorca is very fruitful in Oil, of which great Quantities
Mhipped for all parts of the North, and that of Ivica is greatly frequented for its

are

Paper,

are yearly
I
SPAIN, &c.
737

Salt, of which one Sort is different in Colour and Grain from that made at Almat.
The greateſt and moſt important part of the Spaniſh Trade is carried on at Cadiz,
and this on Account of the Galleons and Flotas being diſpatched from, and return-
ing there. And as it is a Commerce in which the principal Nations of Europe are
concerned, I ſhall give my Reader ſome Idea of the Method of its Tranſaction, and.
acquaint him with the Aſſortments of Goods proper for an Intereſt therein. The
Galleons was a Name formerly given to large Men of War of three or four Decks;
and though it has been for a long Time diſuſed with this Significancy, it is however
ftill retained by the Spaniards, and uſed indifferently for all the Ships which yearly
ſail from Cadiz, for Carthagena and Porto-Bello ; of theſe, there are eight for the
King's Account (which are Men of War) and from twelve to fixteen belonging to
Merchants, who obtain, or rather purchaſe, the Permiſſion to undertake this Āme-
rican Voyage. The Ships are all fitted out at Cadiz, from whence they may fail
at any Time, though they commonly depart fome Months before the Flota (which
leaves this Place always in Auguft) and are about two Years before they return.
an
Number with the Galleons for the Merchants, from four hundred to a thouſand
Ton, which fails (as before obſerved) about Auguft, for la Vera Cruz, and is ge-
nerally nineteen or twenty Months in its Voyage. Beſides theſe Diſtinctions in
the Weſt-India Convoys, there is yet another, under the Denomination of the
Flotilla, or little Flota, which the Spaniards give to ſome Ships, ſent before the
Flota on its Return from la Vera Cruz, with an Account of the Time of its De-
parture, and what its Loading conſiſts of. When theſe Fleets ſet out together,
they ſeparate in the Latitude of the Antilles, and rejoin on their coming back at
the Havanna, in the Iſle of Cuba; the Galleons are always the richeſt, though the
Affortments of Goods proper for the different Markets, much the ſame; the fol-
lowing therefore will indifferently ſerve for both,

From ENGLAND.

Cloths in twenty Pieces, nineteen Brown and one Black.
Sempeternas, in forty Pieces, the following Colours, viz.
Fifteen Pieces of Parrot Green, fifteen Pieces of Sky Blue, five Pieces of Muſk,
five Pieces of Black.
Serges, all Brown, or ſorted like the Sempeternas.
Eftaminas, wide and well calendered, Brown and Green.
Serges, fine, of a Scarlet Colour.
Says, White and Black, well calendered.
Bombazeen, double, Brown and Greeniſh.
Serges of Hoogwet, half White and half Black, very fine and well calendered.
Bays of Colcheſter, the hundred Pieces aſſorted as follows, viz.
Twenty Pieces Black, fifteen Pieces Parrot Green, fifteen Pieces Sky Blue,
twelve Pieces of the beſt Yellow, ten Pieces Scarlet, ten Pieces Red, eight
Pieces Violet, five Pieces very White, five Pieces Caracucha (a Colour which
I am quite ignorant of.)
Stockings, Worſted, of the firft and ſecond Sort.
Ditto, Silk, ordinary knit, in Packets of ten Pair, viz.
Three Pair Sky Blue, two Pair Dove Colour, three Pair Parrot Green, two Pair
light Yellow.


From FRANCE.
Several sorts of Linen, as Rouennes, Florettes, Blancartes, &c.
Caſtor Hats, two Thirds White, and one Third Black.
Pluth Velvet, the twelve Pieces afforted as follows,
Four Pieces Muſk, two Pieces Olive Colour, two Pieces Amber Colour, one
Piece Sky Blue, one Piece Fleſh Colour, one Piece Parrot Green, one Piece
Black.
Stuffs called Lamas, twelve Pieces, aſſorted as follows,
9 B
Three

738
GENERAL COMMERCE OF THE WORLD.
* of a hu
Pieces Olive, two Piecesaucep Cinnamon, and two Pieces of Muſk.
wide, and the other Half from four to eight or ten Inches wide, but each
Three Pieces Fleſh Colour, three Pieces Sky Blue, three Pieces Parrot Green,
three Pieces Caracucha.
Thread Stockings.
Laces, Gold and Silver, from one to eight Fingers wide, one Third of each Sort.
Cuts of black Laces, a Foot, or half a Yard wide.
From Holland and Flanders.
Cloth, fine, of two Aunes wide, twelve Pieces, aſſorted as follows, viz.
Two Pieces Black, two Pieces Scarlet, two Pieces of a light Nut Brown, two
Cotton printed Cloths, called Guineas, which are denominated Hollandillas in
Spain; twenty-five Aunes long, and the Aſſortment of a hundred Pieces to be
as follows, &c.
Thirty Pieces deep Blue, twenty Pieces pale Blue, fifteen Pieces Parrot Green,
fifteen Pieces Orange, ten Pieces Muſk, five Pieces Yellow, and five
Pieces Fleſh Colour.
Or as the fubſequent;
Fifty Pieces of Blue, deep and pale, ten Pieces of a pale Fleſh Colour, ten
Pieces of Parrot Green, ten Pieces of Orange, ten Pieces of Muſk, ten
Pieces Yellow.
Some Pieces of Goods made of Goats Hair, wide and narrow, very fine, of Muſk
and Black Colours.
Nonparels, Palimites, Serges of Liege of a deep Scarlet; ditto, corded, of Holland
of lively Colours; Dimities, Browns and Greens.
Says, fine, half Black and half of a very good White.
Tapes, White, made of Erverwelt Thread, of twenty-eight Threads, the two
Thirds.
Ditto, Fleſh Colour, of eighteen Threads, the other one Third.
Caſtor Hats, 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 ſmall Quantity, as the Conſumption is not great.
Ruffia Hides; Mulk, in the Cods and out of them.
Wax, White, in Cakes of five Roves ; Knives, with Ivory Handles.
Stuffs of Leyden, of a fine Black, two and three threaded Velvets.
Pluſh Velvet.
Silk Brocades of plain Colours, among which muſt be neither Red nor Fleſh
Colour.
Barragons of Life, and double ones of Valenciennes.
Picote Woolen, of modeſt Colours and Browns,
Ditto, Silk, Lamparilles and Anaſcotes.
Serges, fine, of Germany, all of brown Colours.
Cambricks, of the fineſt and cleareſt Sorts.
Hollands, very fine; and Laces of all Sorts, eſpecially fine.
Lace, called Cortes, of the Price of eight or fixteen Rials of Plate the Yard; the
Aſſortments of the Cortes of Anvers are made for a hundred, as follows, viz.
Twenty Sorts of Tranſillas, in two Aſſortments, viz.
Ten of one fame Pattern, from two to four Inches wide.
Forty Aluxeriados, with ſmall Holes in,
twenty-five from two to four Inches Width,
fifteen from two to five Inches Width,
Twenty Puntas de Moſquito, the Half from three to eight or ten Inches
Sort to be of the fame Pattern.
Ten Licenciados, very fine, of one or two Inches wide, and ſome from three
to four Inches wide, for Women's Head Dreſſes.
Tranſillas and Abuxeriadas, of the fineſt, from one to two Inches wide.
Damaſk Napkins and Table-cloths.
Some Platilles, Eltopilles, and Bocad
From
S P A IN,
739
&c.
From ITALY.
Lames of Silk of Naples, the ten Pieces aſſorted as follows, viz.
Two Pieces Fleſh Colour, three Pieces Parrot Green, two Pieces Sky Blue,
and two Pieces Dove Colour.
Silk Stockings of Milan with long Clocks, each Dozen ſeparate, 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 Meſſina and Genoa, about half the Quantity as from Milan.
Ditto, for Children, of the ſame Colours.
Guirviones, or Corcondilles of Naples, Mefina, and Genoa, of Brown Colours.
Silk Eftaminas and Gorgeranes, of the ſame Colours.
Plain Silks of Florence of a low Price, the ten Pieces aſſorted thus;
Three Pieces Parrot Green, three Pieces Dove Colour, one Piece Sky Blue, one
Piece light Yellow, one Piece of a fine white, one piece of an Amber Colour.
Flowered Silks of a middling Price, with lively Colours, and ſome 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, ſorted as follows;
Fifty Skeins Brown; 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 Manufactures, and now (at leaſt in a great Part) ſupply ſeveral of the pre-
ceding Commodities from their own Looms; of which Don Geronimo de Uztariz
ſays (in his Theory and Practice of Commerce) there were formerly' no leſs than
fixteen thouſand in Seville, though now they are reduced to about three hundred;
which Decreaſe, though a ſeeming Contradiction to what I have aſſerted of the
Spaniſh Improvements, is, however, not ſo in Fact; as the Decay of Trade in one
Place has been more than equivalently augmented in another; thus the City of Va-
lencia, Alicant, Alcoy, &c. have gone for ſome Years paſt increaſing both in their
Silk and Woolen Manufactures, inſomuch, that it is now computed there are in
this Kingdom only two thouſand Looms; in Catalonia above five hundred; and in
the Kingdom of Granada a thouſand : And as there are alſo ſeveral of both Sorts
in other Provinces, we may reaſonablý conclude, there are not at preſept ſo few as
ten thouſand in all Spain, which one would imagine ſhould be ſufficient to clothe
both Rich and Poor, as the Inhabitants of Spain are not ſuppoſed to exceed ſeven
Millions and a half; however we find the contrary, and though the Imports to that
Kingdom are greatly diminiſhed within a few Years paſt, yet they ſtill continue
very conſiderable, more eſpecially to furniſh out the Affortments proper for the Ame-
rican Settlements: Wool and Silk are the natural Products of this Country, ſo that
the Natives have a conſtant Supply of Materials for their Manufactures within
themſelves, and the Crown has prudently prohibited the Extraction of the latter, in
order to encourage them, as I doubt not it would the former, did not the Sheep pro-
duce more than ſufficient for the Subjects Uſe. A Patent for the making of Cryſtal
Glaſs was granted on the zoth of January, 1720, to Don John Goyeneche, which
ſtill continues; and the ſame Gentleman undertook the cutting down, and con-
yeying from the Pyrenees, Mafts, and Timber for Shipping, which he ſtill performs,
by having eſtabliſhed three Works, in the higheſt and moſt craggy Parts of thoſe
Mountains; one of them in the Kingdom of Arragon, upon the Mountains of ES-
puna; another in the fame Kingdom, in the Valley of Hecho, and upon the Moun-
tains of Oza; and the third in the Kingdom of Navarre, in the Vale of Roncal, and
upon the Mountains of Maze, Zurizabeiti, and Yzeizpeta, all being brought by
Land and Water Carriage into the River Ebro, for his Catholick Majeſty's Navy.
It is alſo owing to the Induſtry of this great and uſeful Man, that many Fabricks of
Pitch and Tar are eſtabliſhed in many Parts of the Kingdom of Arragon and Cata-
lonia, more eſpecially in the Mountains of Tortoſa, where the great plenty of Pines
affords





GENERAL COMMERCE OF THE WORLD.
740
Cape of Good Hope, and in all the Ports where other Nations have a free Trade.
affords ſufficient Matter for a very large Increaſe of theſe neceſſary Commodities;
and indeed moſt of the Mountains in Spain are covered with theſe Trees, and the
Extraction of theſe Reſins ſo eaſy, that it is a Matter of Surpriſe any Importation of
it is permitted from other Parts; yet I believe much more is brought in than made
here, notwithſtanding what Don Geronimo de Uztariz (before quoted) aſſerts, that
the Manufacture of all kinds of Rigging in Port-Royal is with Hemp and Tar of
the Spaniſh Growth. At Sada in the Kingdom of Galicia, Cables, Cordage, and
Sail Cloth are made, as this latter was, ſome Years ago, by that good Subject and
conſummate Stateſman the Prince of Campo Florido, then Viceroy of Valencia.
The aforeſaid Don John de Goyeneche eſtabliſhed with his Glaſs Fabrick twenty-fix
Looms for Cloths, which manufactured fifty thouſand Yards yearly for clothing
the Troops; beſides others for Soldiers Hats, Buff, and Shamois Leather, Looms
for weaving Silk Handkerchiefs, Ribbons, and Girdles; a Diſtillery for Brandy
and Hungary Water. In Madrid has been ſet up a Manufacture of Tifľues, Lute-
ſtrings, and other Silks, in Imitation of thoſe made at Lyons in France, and from
whence moſt of the Artificers have been drawn; without the Gates of that Me-
tropolis has likewiſe been raiſed a Fabrick of fine Tapeſtry, ſimilar to thoſe of
Flanders, under the Direction of Maſters and Workmen from that Country. The
Fabricks of fine Cloths at Guadalazara, Valdemero, Alcoy, &c. are very conſiderable,
and are undoubtedly greatly improved both in Quantity and Quality within a few
Years paſt; yet our above-mentioned Author muſt excuſe my diffenting from his
Determination in Favour of the latter, when he aſſerts they are as fine as the Engliſh;
for I cannot allow them to be equal to the French, much leſs to what is undoubted-
ly their Superiors; and I ſpeak this with due Deference to Don Geronimo's Judge-
ment, which I revere in other Particulars, though in this it ſeems ſomething
biaſſed and prejudiced in Favour of his Country.
The Spaniards are well known to have excellent Iron, and may whenever they
pleaſe caſt very good Cannon, Ball, &c. at their Founderies of Lierganes and
Cavada, which are but at a ſmall Diſtance from the Dock Yards of Guarnito and
Santona. From the Fabricks of Eugui, Azura, and Iturbieta, a Supply of Bombs,
Grenadoes, Ball, and Grape Shot, may be drawn, and Gunpowder is made (all
glazed) in ſeveral Parts of the Kingdom. In the Forges of Placentia in Guipuſcoa,
only three Leagues diſtant from the Sea, is manufactured a conſiderable Number
of good Fire-Arms, ſo that they may eaſily be conveyed by Water to any of the
Yards, as Nails, Anchors, and other Iron Works, proper for Marine Uſes, may be,
their Forges enjoying the ſame advantageous Situation ; Hemp grows plentifully
in ſeveral Parts of Spain, and might ealily be increaſed, if the Natives ſet about
its Cultivation, particularly in the Plains of Granada, Murcia, and Valencia, where
I have ſeen five Crops of it, and its Price fo reaſonable, that my afore-mentioned
Author ſays, a Propoſal was made to furniſh the King with 25,000 Quintals, at
four Dollars per Quintal, clear of all Charges.
I ſhall now ſay ſomething concerning the Companies eſtabliſhed in Spain, and
with this cloſe up my Account of the Trade of that Kingdom.
The Royal Company of the Philippines.
THE firſt Aſſociation in this Country was that now mentioned, whoſe Chara
ter was dated at Seville the 29th of March, 1733, with the following
Articles.
This Company was eſtabliſhed to carry on a Trade directly to the Philippines,
and had a Privilege, Art. I. To fail to the
ſaid Illes, and to trade there, and in the
Eaſt-Indies
, and on the Coaſts of Africk, both on this, and
on the other Side of the
Art. II. and III. This Privilege is excluſive, and all former Permiſſions given are
Colours, have a Scal
, bearing the Arms of Cadiz, to uſe in all their
Affairs
. Art: V.
The Ships of this Company ſhall pay no Duties, being conſidered on the Footing
of the Royal Navy; and the Charity for the Seminary of St.Elme, and the Admis-
fion of Youth for the Study of Navigation, ſhall be at the Choice of the Directors.
Art
5
S P A I N.
741
Art. VI. As alſo the Nomination of the Maſters, Carpenters, and Caulkers, on Con-
dition, however, that they be with the King's Approbation. Art. VII. If the King
ſells or freights any Ships to the Company, they ſhall be ſuch as it requires; and the
Price of the Sale or Hire ſhall be agreed between the Intendant and Comptroller
of the Marine at Cadiz on the one Part, and the Directors 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 Cadiz, without paying Duties, except on thoſe they re-ſell, and all the
Cordage, Sails, &c. ſhall enjoy the ſame Exemption, as thoſe uſed immediately for
the King's Service; and in Caſe they want any Thing from the Royal Arſenals, it
ſhall be delivered them for its juſt Value. The Company may
wherever they pleaſe, which ſhall enjoy the fame Privileges as the King's, and be vi-
ſited in like Manner with theſe, on Suſpicion of any Fraud. The Directors may
nominate their Officers from among any Foreigners, provided that the Captain and
half the Crew are Spaniards. Art. XIII. XIV. XV. and XVI. And the Company
may alſo name Strangers for their Factors, who, as well as the Officers, thall be
ſubject to Puniſhment if they do not actually follow the Directors Orders. The
King will grant the Company fome Troops, if neceſſary; and if the Ships of the
faid Company (which are prohibited going to America) are forced on that Coaſt,
they ſhall be regarded as Men of War, and provided, at a reaſonable Price, with
all they want; and in Caſe they have not ſufficient Calh to diſcharge the Expence,
they ſhall be ſupplied with it from the Royal Coffers, and the Company
ſhall re-
imburſe the King at Cadiz. Art. XVII. XVIII. XIX. and XX. The Company
may freely embark any Merchandize and products, either of Spain or other Coun-
tries, to ſell or truck; and they may alſo load 500,000 Dollars, more or leſs, on
each Ship, to employ in the Purchaſe of Goods; and in Caſe any Silver remains,
they may truck it for Gold, and on the Extraction of the ſaid Silver they ſhall pay
no Cuſtom, &c. The remaining Articles, to the Number of fifty-two, are con-
cerning their Cargoes, Cuſtoms, &c.


Concerning the Guipuſcoa Company,
HE Province of Guipuſcoa, ſeeing their Countrymen deſpoiled of the Caracca
Trade by Foreigners, offered his Catholick Majeſty, to equip for his and the
Nation's Service, ſome Men of War, and to ſend them to the Caraccas, to faci-
litate the Means of preventing the ſaid Detriment, and ſecure the future Ad-
vantages of that Trade to themſelves ; his Majeſty admitted the Offers, and
granted the ſaid Province an excluſive Charter for that Trade, on the following
Conditions:
1. That the Province ſhould erect a Company, and ſend yearly to the Caraccas
two Ships of forty and fifty Guns, laden with the Products of Spain, which ſhall
proceed to the Port of Guayoa, and being unloaded, ſhall go out and cruize oni
the Coaſt, and take all Ships and Veſſels they ſhall find carrying on an illicit Com-
merce, and may extend their Cruize from the River Oronoko to the River de la
Hacha, for which Purpoſe they fhall be furniſhed with a Commiſſion from his
teen
2. That the two Ships ſhall be loaded at St. Sebaſtian, or at Paſſage, and inſtead
of the Royal Duties which they ſhould pay at Cadiz, they thall render to his Ma-
jefty an equivalent Service, and fail directly from Guipuſcoa for the Caraccas.
3. That on returning with their Cargo of Cocoa, Silver, Gold, Tobacco, Sarſe-
parilla, Hides, and other Products of thoſe Parts, they ſhall proceed to Cadiz; and
after having been viſited, and the Royal Duties paid, they may tranſport to Can-
tabria fuch Part of their Lading as they ſhall think proper, without ſuffering
the conſiderable Expence of delivering and re-ſhipping their Goods.
4. That the Prizes which they ſhall make in America, ſhall be divided one-
third to the Crew, and two-thirds to the Company.
5. That the Merchandize taken may be ſold at the Caracčas, on paying the
King's, Cuſtoms. The Ships taken, with their Ladings of Cocoa, and other
Goods,


Majeſty

9C

742
GENERAL COMMERCE OF THE WORLD.
Goods, ſhall be regiſtered and ſent to Spain, and the ſhips that ſhall be deemed
fit for Cruiſers, may be equipped for that Purpoſe.
6. That the Company's Factors, having any Quantity of Cocoa remaining,
may ſend it to La Vera Cruz, in the Barks appointed for the Trade permitted to
the Inhabitants of the Caraccas.
7. That the Factors ſhall be obliged to ſupply with Goods, beſides the Province
of Venezuela, thoſe of Cumana, Margarita, and la Trinidad.
8. That the Governor of the Caraccas ſhall be nominated Judge Conſervador
of the Company and their Dependencies, with a Prohibition to all Tribunals and
Miniſters to intermeddle, with a Right of Appeal to the Council of the Indies,
9. That the ſaid Ships ſhall be exeinpt from paying Strangers Duties, &c.
io. That his Majeſty will maintain the ſaid Company under his Royal Protec-
tion, and make thoſe concerned in it to enjoy all the Rights and Honours that
appertain to thoſe of his Royal Navy; and the Share which any one ſhall take in
this Commerce ſhall not prejudice his Honour, Elcate, or Reputation, neither
directly or indirectly; but on the contrary, this ſhall be a new Luſtre added to
his Gentility, his Services, his Character, &c.
The ſaid Company formed Bye-Laws, for their better Government, to the
Number of twenty-four, which I excuſe adding as ſuperfluous here, and for
the fame Reaſon ſhall omit mentioning the Steps taken by the Dutch, by their
Miniſters at Madrid and Paris, to obtain a Revocation from his Catholick Ma.
jeſty of the ſaid Company's Patent,
Trade of Portugal,
TH
HERE is hardly a State in Europe, with the Title of a Kingdom, and whoſa
King has no additional Territories, that is of leſs Extent than that of Por-
tugal; and yet no one has puſhed Trade farther, or has maintained it with a ſu-
perior Reputation. Its great Conqueſts in both Indies, its Eſtabliſhments in many
Places on the Coaſt of Africa, and the Poſſeſſion of the Azores, Madeira, and
Cape de Verd Iflands, for a long Time ſupported the faid Commerce, which it
might probably have yet preſerved, had the Union between this Kingdom and
Spain never happened.
This Union, fo fatal to the Portugueſe Trade, was agreed on in 1580, after the
Death of Cardinal Henry, Succeffor to the unfortunate Sebaſtian, who was killed
at the Battle of Alcacer in Barbary, the 4th of Auguſt, 1578; and thereby be-
coming Subject to the Spaniſh Monarchy, it found a very formidable Enemy in
the Dutch, who were combating for Liberty, almoſt at the fame Time that the
others began to ſuffer the Yoke which they were Thaking off.
Brazil was ſoon loſt, and their new Enemies became Maſters of a part in their
Eaſt-Indian Conqueſts; and being likewiſe bereaved of a Share of their Colonies
on the Guinea Coaſt, they had barely Power left to ſupport the remaining Part of
their African Trade, which had formerly been equally glorious and profitable to
them. It is true, that after a conſtrained Union, or rather Servitude of fixty Years,
Portugal recovered its Primitive Power or Liberty, and all the States, which it had
remaining in the other three Parts of the Globe, were unanimous with it, in elect-
ing Yohn Duke of Braganza for their King, who was accordingly proclaimed
on the iſt of December, 1640.
But the fatal Blow to the Portugueſe Commerce was ſtruck ; for although they
afterwards re-poffefſed Brazil, and their Forts and Eſtabliſhments on the African
Coaſt were reſtored to them, thoſe of the Eaſt-Indies were never again fettled;
inſomuch, that the Trade fince carried on at Lipon, is nothing in Compariſon
with what it formerly drove, when the Riches of Perpa, Arabia, the States
of the Mogul, the Coaſts of India, China, Japan, and all the Inles of that vaft Part
of the Ocean beyond the Line, came to be united at Goa, the Capital of their
Eaft- Indian Conqueſts, and were by numerous Fleets brought to Liſbon, for their
Diſtribution to all the Nations of Europe, by the Hands only of theſe their
fole Importers.
The
P O R T U G A L.
243

gines and Mills from Hamburgh; fome Linens from Bretagne; a few Druggets,
The preſent Trade of Portugal is principally carried on by Foreigners; and the
chief Places for it are Liſbon, Porto Port, Ulla de Conda, St. Ubes, and Faro in
Europe; though in the Commerce of their American, and other Settlements, none
but the Subjects can openly be concerned. Of that with the Engliſh I have already
ſpoke, and ſhall now mention what Branch the other Nations are engaged in. The
Dutch ſend to Liſbon, all Sorts of Linen, Woolen, and Silk Manufactures ; ſuch
as printed Cottons, and Chints, Muſlins, and Cambricks, Holland, Oſnabruck, and
Sileha Linens, Black Silk, and others, Delft Serges, Men and Women's Clothes
ready made, Wigs, Hats, and Gloves, -Silk and Worſted Stockings, Ruſia Hides,
Copper Pans and Kettles, Steel, Mercery, and Hardwares, Powder, Cannon Balls,
Hemp, and Flax, Corn, Paper, and Cards, beſides which, moſt of the Merchan-
dizes fent from Holland to Cadiz are proper for Liſbon or the Brazils.
And in Return they take from the Portugueſe, Brazil Sugar, Tobacco, and
Snuffs ; Fernambuc, Campeche, and Brazil Wood, Hides, Cotton, Ginger, divers
Drugs, Sweetmeats, Indigo, Cochineal, Sumack, Anniſeeds, Wool, Oil, and
Olives, Figs, Raiſins and Almonds, Oranges and Lemons, Pearls, Diamonds,
and other precious Stones, Gold and Silver Ingots and Coin.
The French Trade with Portugal is but ſmall, as his moſt Chriſtian Majeſty
brought it to this low Ebb, by prohibiting the Importation to his Dominions of
Portugueſe Sugars and Tobacco; there is, however, a Sale of ſome of the French
Brocades, Perukes, &c. though to no great Value.
The Commerce with Italy furniſhes them with Paper, and ſome Linens from
Genoa; Glaſs Works from Venice; and Silk from theſe and moſt 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 otherwiſe; beſides Copper, ſome
Linens, &c. and the Ships bringing theſe Commodities (of which the Swedes are
always moſt) reload with Wine, Brandy, Oil, Salt, Oranges, Lemons, Cork,
Sumack, and ſome few other Cominodities.
The American Trade employs a great Number of Ships; as there fails annually
from Liſbon and Oporto twenty to twenty-two Merchant Veſſels for Rio Janeiro;
thirty for the Bay of All Saints; as many for Pernambuc, and ſeven or eight for
Paraiba; thoſe fort
the two firſt Places, of five hundred Tons Burthen; but for
the latter, not above half as big.
All the Ships deſtined for the ſame Part fail together, and obſerve the ſame Me-
thod in their Return; thoſe of Oporto joining thoſe of Liſbon. The Paraiba and
Pernambuc Fleets depart all in Company, and come back in like Manner: And
the King grants five Men of War yearly to convoy theſe Fleets, viz. two for Rio
Janeiro, two for All Saints Bay, and one for Pernambue ; ſending ſome Veffels to
meet them on their Return in the Latitude of the Azores. The Departure of all
theſe Ships for Brazil is commonly in March, and their Return in September or Oc-
tober ; and formerly it was permitted to carry Silver with them for Trade; but now
this is prohibited, and their Cargoes reſtrained to be Goods, of which the following
ones are the Chief, viz. Flour, Wine, Brandy, Oil, ordinary Worſted Stuffs, Linen
and Thread of the Country; Silk Stockings, Hats, Baiſe, Serges, and other Wool-
ens from England and Holland; whitened Linen called Panicos, and raw ditto
named Aniages and Groga; Copper Plates, and other Requiſites for the Sugar En-
Serges, and clouded Brocades of all Sorts of Colours from France; and Tabbies,
Taffeties, ſewing Silk, Paper, &c. from Italy. The Engliſh Goods, however, make
up the beft Half, and generally find the beſt Diſpatch. From the Bay of All Saints
come loaded with Tobacco, Sugar, Sugar-Candy, Indigo, Whale Oil and
Fins (which come afhore here in great Quantities from June to September) Cotton,
Oil, and Balſam of Capaiva, Ipecacuanha, Pareira, Brava (or the wild Vine) af-
firmed by Mr. Savary, in his Dictionary, to come from hence, though denied by Dr.
Fames, in his Diſpenſatory, to be a Native of this Country, as he ſays that it is of
the Eaft-India Growth; both allow it to be a good Diuretic; and the former re-
ports that the Portugueſe regard it as a Specific for the Stone and Gravel (which
induced me to mention it here) ſome Cinnamon, long Pepper, Ginger, Elephants
Teeth (from the coaſt of Africk) Copper (from Angola) Hides, Silk, dying and
5
ſweet

the Ships

744
GENERAL COMMERCE OF THE WORLD.
ſweet ſcented Woods, Saffron, Rocou, Laque, Rock Cryſtal, Cocoa, Ambergris,
(that the Sea ſometimes throws aſhore) Amethiſts (of which here is a Mine) Gold
found in the Gravel of a River near a Place called St. Paul, of which the King'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, furniſh the In-
habitants of Brazil with Spice, Drugs, and other Eaſtern Merchandize ; and by
thoſe from Angola and Congo they receive their Negroes (at leaſt fifteen thouſand
yearly) Ivory, Wax, Honey, Civet, Gold, and all
other Commodities that thoſe
Parts produce; but theſe Goods (the Slaves excepted) are moſtly fent to Portugal
in the Liſoon Fleet.
Pernambuc produces only Sugar, and Brazilor (Fernambuc) Wood, being ſteril
in the Neceffaries of Life; and the Inhabitants (who are more numerous than in
any other part of the Brazil) would hardly be able to ſubſiſt without the foreign
Supplies the Ships bring them; on the contrary, Rio Janeiro is extremely fertile
in Sugar, Indigo, and Cotton, as it would be in Tobacco, was the Growth of more
than what fuftices for the Inhabitants Uſe not prohibited; it likewiſe brings Wheat
to Perfection, and has Brazil Wood, Hides, and Fiſh Oil in Plenty.
It is particularly with the Portugueſe of this part that the Spaniards of Buenos
Ayres carry on their Trade; theſe furniſhing them with Flour, Biſcuit, Salt, or
dried Meat: and the Portugueſe giving in Exchange Sugar, Tobacco, Indigo, Wine,
Brandy, Rum, and ſeveral other Merchandiſes that they receive from Europe.
The principal Company which the Portugueſe have is that Trading to the
Coaſt of Africa, of which I ſhall give ſome Account, and with it conclude my
Treatiſe on this Nation.
The Portugueſe African Company.
TH
HE true Object of this Company's Trade is the furniſhing 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 Fortreſs at their own Expence at the
Mouth of the River Angre, over-againſt the Iſle of Coriſco, which belongs to the
King of Benin, near the coaſt of Gabon, otherwiſe called Pongo, in 1!. 30' South
Latitude.
2. That they ſhall furniſh as many Negroes as the Portugueſe Plantations in
America ſhall have Occaſion for.
3. That it ſhall not be permitted either to Portugueſe or foreign Ships to traf-
fick on the ſaid Coaſt, on Penalty of forfeiting Ship and Cargo.
4. Nevertheleſs if any Ships are forced thither, either by Storm or ſome other
Neceſſity, the Company's Factors may permit them to water, and likewiſe ſell
them the Proviſions they may ſtand in Need of, without permitting them, how-
ever, to tranfact any Buſineſs.
5.
That this Conceſſion ſhall laſt for fifteen Years, after which it ſhall be lawful
for his Portugueſe Majeſty to prolong the Term, or to re-enter into Poffeſſion of
the Country granted.
6. In this laſt Caſe, his Majeſty may take Poſſeſſion of the Forts, Artillery,
Ships, and other Effects 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
Liſbon Billets, declaring the conditions under which an Intereſt might be had
therein, the Funds it would conſiſt of, and the Price of the Actions.
ditions were couched in twelve Articles, of which the principal ones are,
That the Fund ſhall only be one Million of Cruſades.
That the Actions ſhould be worth a thouſand Cruſades cach, of which the Pro-
prietors ſhall pay three hundred Cruſades at ſubſcribing, the fame Sum in the
Month of December, 1724; and the remaining four hundred Cruſades whenever
the Company thinks proper, after fix Months Notice.
That thoſe Proprietors, who ſhall not comply with the Payments at the Time
preſcribed, ſhall forfeit what they have already advanced.
Theſe Con-
That
I T A L Y.
745
That the Company ſhall pay the Proprietors, a Year after the firſt Undertaking,
a Dividend of five per Cent. on the Capital Sum they ſhall have paid in, and this
taken from the Profits which the Company ſhall make by their Trade.
In fine, that the Chief or general Commander, who has undertaken to form this
Company, ſhall have fourteen per Cent. upon the Profits that it ſhall ‘make, on
which he undertakes to pay the Factors, and other Perſons, that he ſhall deem
neceſſary to be employed, on the Coaſts of Africk, at Liſbon, Brazil, or elfewhere.
Portugal has lately erected two Companies to manage the Brazil Trade,
namely thoſe of Grand Para, and Pernambuco ; which Meaſure has ſubjected our
Portugueſe Trade to many Reſtraints, and been the Subject of ſeveral Memorials
from our Conſul and Merchants at Liſbon, to the Britiſh Miniſter at that Court,
on the Foundation of the Treaties ſubſiſting between us; but hitherto, as far as

appears, without Effect.
1
TI
Of the Trade of ITALY.
stol
And firft of that of Venice.
He Commerce of this Republick is hardly to be imagined, though there
is no Compariſon between the preſent and former State of it, when it was
from hence that all the other European Countries were furniſhed with the Products
of all the Eaſt; however, it is yet fo conſiderable, as to ſtand the firſt (and I
think by far) among the trading States of that Part of the Globe.
The Quantities of Gold and Silver Tiffues, and other Silks made here, are prodi-
gious, and are ſold in all parts of Europe, where theſe Sorts of Commodities find a
Diſpatch; but the Confumption is more particularly great in all the Levant, where
it fpreads daily more and more; and it is aflerted for a Truth, that the Turks take off
larger Quantities than all Europe put together; beſides which, this State produces
Rice, Currants, Looking-Glafs and other cryftal Works, Beads, Laces, Gloves,
Snuff-Boxes, Silk, Coral, Tartar, and Cream of Tartar, Oil, Olives, Drugs, fine
Lacque, Orpiment, Annis and Coriander Seeds, Brimſtone, fine Steel, Turpentine,
and Soap: They likewiſe make ſome Cloth here, which was formerly greatly va-
lued for its Dye, though its Quality is not a little inferior to the Engliſh, French,
and Dutch. The Armenians eſtabliſhed at Venice, and thoſe who annually arrive
there, contribute greatly to the Support of its Trade, in which the Englifh and
Dutch Ships alſo find a Convenience, as theſe are generally the Carriers of the ſaid
Merchants Goods from the Levant. I have already briefly mentioned the Parti-
culars of its Trade with us, in which thirty or thirty-five Ships are annually em-
ployed in carrying there Lead, Tin, Pepper, Sugar, Ginger, Dying Woods, Hides,
Woolen Goods, Herrings, Salmon, Pilchards, Stock-Fiſh, &c. which Ships re-
turn laden with Currants, Hemp, Brimſtone, Beads, Drugs, Oil, fometimes
Rice, 3c.
From Hamburgh, Holland, Norway, and the Baltick, ten or fifteen Ships arrive
yearly with Dying Woods, Pepper, Cinnamon, Cloves, Mace, Ruſia Hides,
Braſs, Iron, Pitch, Tar, Stock-Füh, &c. And thefe Ships reload with the ſame
Goods as is before-mentioned for England, with the Difference that to thefe.
Places are carried more Silks.
Formerly there caine annually from Liſbon to Venice near three thouſand Cheſts
of Sugar, in Return for the Cargoes of Corn ſent there from Ancona, Sicily, and
the Levant; as alſo Rice, Turkey Wheat, Steel, Looking, Drinking, Window
Glaſs, &c. But, as for ſome Years paſt, the ſame Quantity of Sugars has been intro-
duced from France, the Trade from Portugal has in Proportion gone decreaſing,
as this has augmented.
From Cadiz and other Ports of Spain, Venice gets Indigo, Cochineal, Wool,
Barilla, &c. for the Produce of the ſame Effects as were ſent to Liſbon.
* To Genoa and Ligborn are ſent many Cargoes of Çorm, which the Venetian
Veſſels commonly load in the Archipelago, and ſome Window Glaſs, &c. fome-
tiines repaid in Goods, but oftener by Remiſſes.
There is ſent to the Kingdoms of Naples and Sicily, large Parcels of ordinary
Cloths, Steel, Iron, Writing Paper, Looking, Drinking, Window Glaſs, &c. and
received from thence, Oil of Almonds, Sola, Piſtachoes, Silk, Pitch, kemons,
and Lemon Juice.


9 D
In

746
GENERAL COMMERCE OF THE WORLD.
two Agios, the one conſtant and fixed of 20 per Cent, called the
In fine; the Trade which Venice carries on with the Morea in the Gulfs of Le-
panto and Athens ought not to be forgotten ; as it is from theſe Places, that a
great deal of Wool, Silk, Wax, Galls, Valonea, Oil, Cotton, Grain, Honey, Tar,
&c. are extracted, beſides a prodigious Quantity of Cheeſe ; for which the Vene-
tians generally pay in Money, except fome Loadings of Fir and Larch Planks,
with a few Nails and old Iron, which, however, employ ſeveral Ships continually.
This is the principal Commerce that Venice carries on by Sea; that which
the tranſacts on Terra-firma is alſo very conſiderable ; for, beſides what it has with
a great Part of Germany, it furniſhes all the Wants (either from the Eaſt or Weſt)
of the States of Parma, and Placentia, Modena, Bolonia, Ferrara, Mantua, Milan,
and all Lombardy; and even of Piedmont, by Means of the Rivers, which faci-
litates its providing all theſe Places on eafier Terms than by Genoa, Leghorn, or
Ancona; beſides this, it alſo ſends all Sorts of Goods into its own and the Ecclem
fiaftical State; more particularly a great Quantity of Wax, which is wrought, and
finely blanched at Venice; here are likewiſe Sugar Refineries, with which is car-
ried on a good Trade, as there is with Soap, Glafs, &c. And the ſole Privilege
to fell Tobacco (imported from Salonica and Albania) in the Venetian Territories,
actually produced in the Year 1741, the Sum of 736.000 effective Ducats (which
make 950,000 Current) for the Term of five Years. I sad oodall dig mod cont
And to preſerve the conſiderable Trade carried on with Germany and Turkey
(which in Value furpaſſes all others) the Republick has granted large Privileges to
the Merchants of both Nations, eſtabliſhed in this Capital, and have aftagned vaſt
Edifices to the one and the other, as well for their Habitation, as a Depoſit for
their Merchandize; that of the Turks; called the Palace of Turkey; and that of
the Germans, Il Fondaco de Tedeſchi.hslio di bin 910m balonom vheb:
sta
If any Diſpute happens between the Turks and the Republick's Subjects, in
which the former think themſelves offended, they demand Satisfaction in ſo
haughty a Manner, and receive it ſo promptly, that it ſeems as if there was a
Fear to refuſe it them. Soon018eabosé usbreito bassianA 30
In Regard of the Traffick with the Germans in Stiria, it is partly by Sea and
partly by Landl in Waggons; and with this I conclude the Trade of Venice s
though before I cloſe the Section, I ſhall add the following Method of calculating
the Venetian Money, as I was not ſo explicit about it when I treated of its Bank.
fe
Concerning the Agios at Venice, and the Difference between Bank and current Money.
os by-tint 10 vridi naidw si eu diw stilo
THE
HERE are
Bank Agio; the other fluctuating like that of Amſterdam, and is from 120
to 128, which is called the Sopragio, becauſe it is calculated on the Bank Money,
after the firſt Agio is added.
As for Example,
Ducats 2000 Banco at the Sopragio of 128 Location
0 § 400 Bank Agio of 20 per cento ben
2400
20 48001 ótant to do
496 Sopragio of 128. soit 9
4 96
Pote
10909
Ducats 3072 Current.
128
Іоо
-3072 to 2400, from which deducting for the Bank Agio of 120
400
Parol
Ducats 2000 Banco.
Caristot
But however the Sopragio vary, be it 128 more or leſs, ſuch Sum of Ducate
current will be reduced to Ducats 834 Banco.
2011
From
5
ITALY.
00
747
831
From hence it appears that by making 837, the middle Term, or by multi-
plying the current Ducats by 837, and dividing by the Sopragio, the Amount in
Bank
will be given.
fores assitonttia
128
3072
Ducats 2000 Banco.
Dogor In
83
do
eitt 19216
324576 subote 10
Oni berart
sui 1,024 200ta seis si margo:00 hos mot
bangla nisu diena
256000
2000

The Bank of Venice is ſhut on all Holidays, and every Friday of the Week in
which there is no Holiday; beſides which there are four Times of the Year in
which it is ſhut, for ſeveral Days together, agreeable to the Order of the Senate
29. Feb. 173's, and not as I by Miſtake mentioned in treating of the ſaid Bank,
viz.
The firſt ſhutting of the Bank to begin the Saturday before Palm-Sunday, and
open the firſt Monday after Eaſter Week.
The ſecond on the 23d June, and open the ſecond Monday of July. I
The third on the 2 3d Sept. and open the ſecond Monday of O&tober.
The fourth on the 23d Dec. and open the ſecond Monday of January
Of the Trade of Genoa.
THIS
HIS Republick for a long Time diſputed with that of Venice the Empire of
the Mediterranean Sea, and the Trade to the Levant; but after the celebrated
Victory of Chiozza (as mentioned in the Hiſtorical Introduction) they ceaſed to
rival the Venetians, after they had done ſo for near three hundred Years; it is,
however, certain, that they now only yield the Superiority in the Levant Trade
to their ancient Competitors, as their's is ſuppoſed to be conſiderably greater to the
Reſt of Europe, and more eſpecially to Spain; and it is beſides by Genoa, that
Foreigners carry on all their Trade with Lombardy.
Raw Silks, and in Skains, which the Genoeſe get from Meſſina, and other Ports
of Sicily, and the fine rich Silk they make in their Capital, occaſion a conſider-
able Trade, and they ſee an annual arrival, however, of Ships, hardly credible,
all of which take ſome of their Manufactures : It is true, that for ſome Time
paſt, the Buſineſs of their City has not been fo briſk as uſual ; but as it is to be
hoped they will find ſome Means to re-eſtabliſh it, I ſhall deſcribe it as it has
been, with my beſt Wiſhes that, Phenix like, it may riſe out of its own Alhes.
The Fabricks here are plain and flowered Velvets, and ſome with Gold and
Silver Grounds; Damaſks, Sattins, Tabbies, Gold and Silver Tiſſues, and many
other Sorts of Silks, both plain and powered; here are likewiſe Oil, Olives, dry
Sweet-meats, Silk Stockings, Gloves, Breeches, and Waiſtcoats, Ribbons, Gal-
loons, Paper, Soap, Rice, Oil, Olives, Figs, Almonds, Anchovies, Marble, Le-
mons, ſcented Oil, and Perfumes, Tartar, Parmeſan Cheeſe, red Coral, Coffee,
Cotton, and all Dying and Medicinal Drugs, that come from the Levant.
At preſent the Genoeſe Trade to Smyrna is but trifling, however they always
keep a Conſul there.
In the flouriſhing Æra of this Republick, it was Miſtreſs of ſeveral Illes in the
Archipelago and poffeffed many Cities and Towns on the coaſt of Greece, and the
Black Sea; Pera, one of the Suburbs of Conftantinople, was once under their Domi-
nion, which facilitated the carrying on a great Trade in the Levant.
The Decline of their Power, and the Loſs of ſo many States, occaſioned the
Ruin of their Commerce in the Dominions of the Grand Signor, where their
Merchant Ships are now rarely ſeen.
When

748
GENERAL COMMERCE OF THE WORLD, .
Difficulty ; they were, above all, extremely well ſatisfied with the Diſpoſitions
tion, conſiſting of ſeveral Points, which they agreed to, without the leaſt
taken to extend their Trade, and they eſtabliſhed a Council of Commerce,
compoſed of four Corſicans, and the fame Number of foreign Commiffaries,
When foreign Ships arrive at Genoa (which is one of the fineſt Ports in Italy)
they depofit their Goods in a great Warehoufe called Porto Franco, becauſe the
Merchandizes brought in to be fold, as well as that to be exported, pay no Duties
at coming in, or going out; the Merchants only paying at the Cuſtom-Houſe
in Proportion to the Sales they make, and it is permitted them to reimbark what“,
ever remains unſold, without any Impoſition.
In 1741 an Inſurance Company was formed at Genoa, which has contributed
to the Revival of the Commerce of the Republic ; the Plan of this Company
was inſerted in the former Editions of our Work, but upon a careful Review of
the Articles, and comparing them with the Syſtems of other Companies of a
fimilar Nature in England, France, and Holland, it was found that they con-
tained no Information whatever that could poflibly be of Service to the Mer-
chant, or the Stateſman of the preſent Times, for which Reaſon they are
omitted.
The Genoefe have a Levant Company ſtill fubfiſting, which was eſtabliſhed in
1645, though it has for fome Years paft done ſo little Buſineſs, that it is hardly
remembered to be an Aſſociation, its Tranſactions are fo trifling in a corporate
Capacity. They likewiſe had a Company eſtabliſhed formerly under the Title of
The Company of the Grilli, which ſupplied the Spaniards in America for a long
Time with Negroes, but on their agreeing with the Aſiento Company, this of
the Genoefe was overſet.
I muſt here introduce ſome Account of the Iſland of Corhca, as part of the
Genoeſe Dominions, and I am the more tempted to do it, as the Natives have
rendered themſelves fo famous in their Struggles for Liberty, and done ſo much
towards making themſelves a free People. All their noble Efforts for Indepen-
dence have been however rendered abortive; for Genoa, unable to ſubdue the
reſolute Inhabitants of this ſmall Ifland herſelf, concluced a Treaty at Verſailles,
in 1768, whereby that Republic formally ceded Corſica to the French King, for
an indeterminate Time. In Conſequence of this Meaſure, a conderable Body of
French Forces being fent to take Poffefſion of it, their Numbers foon effected this
glorious Conqueſt over a handful of brave unhappy Men, and in 1769 their General
Paſcal Paoli left the Ifand.
It might have been apprehended that this Procedure would be conſidered as an
Infraction of the Treaty of Aix la Chapelle, by which it had been provided that
no Change ſhould be made in the State of Italy: But however this may be, the
Reſt of Europe, even England itſelf, contented themſelves with being mere Spec-
tators of this Event; and though they profeſſed to pity the Fate of Corſica, af-
forded no Affiftance to check the Hand of Oppreſſion, and ſuccour expiring Li-
berty in a poor little Nation whoſe Number does not Amount to 200,000
Souls !
The Mercure Hiſtorique furniſhes us with a ſhort, though curious Account of
them and their King Theodore, which I have tranflated, in Hopes it may be agree-
able to my Readers.
“ THÉ War which has fubfiſted for fome Years between the Genoefe and the
Corficans leaves Room to doubt, whether they will remain with the Poffeffion-
of that Ifle, or whether it ſhall paſs under ſome other Power, or whether the
Inhabitants will obtain their Liberty. In the Interim, for the unravelling of
the myſterious Intrigue, which King Theodore has played, who was ele&ted in
1735; I fall here obſerve, that on his Return to that Idle towards the End of
1737, he convoked the States of the Kingdom, to give them an Account of
his Proceedings during his Abſence ; he afterwards made them a Repreſenta


,
great
Succeſs
converfant in Trade, from which they flattered themſelves with
and it is a Matter of Surpriſe, that a Nation till then hardly known, thould
find themſelves in a Condition fo fuddenly to make themſelves talked of.
attended to the Manufactures of divers Species of Goods; and the Crops were
ſo
They
I
I Τ Α Σ Υ.
749
ſo abundant this Year (1737) that the Corn, Winé, Oil, and other Fruits,
were at a very low Price, which muſt naturally put the Chamber of Commerce
in a Condition to procure great Advantages from Foreigners; but, as Money is
very ſcarce in Corſica, they permitted the Inhabitants of the Low Country, to
pay their Taxes and Capitations in Fruits, &c.”
The principal Articles of King Theodore's Propoſitions were,
I. That they ought as ſoon as poſſible to ſet about making ſome Salt-Ponds,
as the Nature and Situation of the Country promiſed ſo great a Quantity of that
Commodity, as might load an Hundred Ships yearly; ſo that the Crown and
Subjects might draw Advantages from this Branch of Commerce.
II. That they ought to encourage the Working of the Iron, Copper, and Lead
Mines which are diſcovered, to extract not only Iron for common Uſes, but for
Cannon, Bullets, and other Things neceſſary to put an End to this tedious trou-
bleſome War, and thereby ſave the groſs Sums ſent out of the Iſle to purchaſe
them.
III. And as here is a great Abundance of Brimſtone and Saltpetre, they ought
to build a Mill on the moſt commodious River, to make what Gunpowder they
ſhall need in the Kingdom, and repair the Want under which they have
hitherto laboured in this Particular, without mentioning the vaſt Sums it has
coſt.
IV. They ought to encourage Agriculture, the Majority of the beſt Lands be-
ing uncultivated; and to this End, they ought to eſtabliſh in each Pieve ſome
Commiſſaries, intelligent in this Art, who Thall be particularly charged to take
Care, that the Peaſants till each a certain Spot in their ſeveral Diſtricts for their
own Advantage; and in Parts improper for the Plow, each Peaſant ſhall be
obliged to plant at leaſt four thouſand Vines, or a thouſand Olive Trees, and all
Sorts of Exemptions Thall be granted during ten Years for thoſe Grounds fo
newly cultivated.
V. By an Ordinance publiſhed throughout the Kingdom, one conſtant and
uniform Meaſure ſhall be eſtabliſhed for all the Fruits growing here, ſuch as Oil,
Wine, Honey, Pitch, Tar, and other Commodities put up in Caſks; and at the
ſame Time, one Ell, one Weight, and one Buſhel, ſimilar and conformable to
the Standards of other trading Nations.
VI. Whereas a Quantity of Silk may be ſhipped for abroad, they ſhould 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 ſituated than any
other for it, with ſo great a Number of good Ports and Bays, we would have
our good Citizens accuſtom themſelves to it, by making them ſenſible of the Ad-
vantages ariſing from ſuch an Application. To which Purpoſe we have thought
proper to eſtabliſh a Council of Commerce for Account, and at the Expence of
the Crown. The Commiſſioners of which College Thall be obliged to purchaſe
of our Subjects all their Fruits and Products of the Country, fit to be ſent abroad,
at a Market Price, paying them in Manufactures, or our Silver Coin : But, if the
Peaſant will not give his Products at ſuch a Price, he ſhall bring them into the
Crown Magazines, where a Receipt ſhall be given him. The Commiſſioners ſhall
ſend theſe Products with others, and their reſpective Invoices, to the Conſuls and
Correſpondents of the Crown in foreign Parts, with an Order to draw out the
particular Accounts of the Produce of theſe Effects, in order that there be given
to every one what belongs to him. The Proprietors ſhall receive at the College
of Commerce the Returns, or Import of their Accounts, on paying (beſides the
Carriage) five per Cent on the Capital, to defray the Charges ; and if the Pea-
fant be neceffitous, and cannot wait for the Returns unaffifted, he may receive
from the College, the half, or two thirds of the Value of what he delivers, for
which he ſhall pay on balancing Accounts half per cent. for fix Months, beſides
the five per Cent. aforementioned. And to give a greater Credit to the ſaid Col-
lege, we engage our Self and Crown for it. And we order our Conſuls, Re-
fidents, or Correſpondents, to contract and negociate only with the laid College,
and they ſhall fend us whatever we cannot paſs without in cur Ifle. No Veffel
9 E
ſhall


750
GENERAL COMMERCE OF THE WORLD.
ſhall be admitted without the Permiſſion of the ſaid College ; and our Correſpon-
dent abroad ſhall have the ſame Credit as thoſe here, and beſides that, the Cha-
racter of Counſellor of Commerce of this Kingdom.
VIII. And foraſmuch as that our Kingdom abounds in Wood, Pitch, Tar,
Hemp, and every Thing neceſſary for the Conſtruction of Ships; this Article
1hould be taken very ſerioully into Conſideration, as alſo what concerns the
Fiſhery, &c.
This little Hiſtory is not intended ſolely to amuſe, but will likewiſe ſerve to
ſhew what that Inand contributes to Trade, as the Commodities therein men-
tioned are the Total of its Products.
Of the Trade of Naples.
TH
HIS Capital of the Kingdom of the ſame Name is a Place of great Trade,
and the Goodneſs of its Port attracts vaſt Numbers of foreign Veſſels to
it; but in order ſtill to increaſe its Commerce, and raiſe it to the higheſt Pitch
poſſible, Don Carlos, the late King, invited the Jews to ſettle there, by grant-
ing them ſeveral very great and fingular Privileges, as will appear by the follow-
ing Edict publiſhed on the 3d of February, 1740, by Order of his Sicilian
Majeſty, viz.
I. It is granted to all Merchants or others of the Hebrew Nation, a full and
abſolute Safe-guard, Faculty, and Permiſſion, to come, remain, traffick, paſs on,
or ſtay, with or without their families, in our Kingdoms and States, as alſo to
depart, and return, without any Obſtacle, both in Regard of their Effects and
Perſons; and this for the Term of fifty Years next following, to commence the
firſt Day of this ; declaring, that the fiftieth Year being expired, there ſhall yet
be granted five others, during which, if it be the good Pleaſure of his Majeſty,
or his Succeffors, to abrogate the preſent 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 exacted from them on the Departure of their
Ships, Veſſels, Horſes, Carriages, &c.
II. If any Hebrews coming from other Kingdoms or Countries to our's, ſhall
be accuſed in thoſe States from whence they came, of having committed ſome
enormous Action or Crime there, for which they have been proſecuted; as alſo
in Caſe that they were diſguiſed as Chriſtians, and had feigned to be of this Re-
ligion, we annul and make void the Cauſes of ſuch Accuſation, and will not per-
mit that they be called to Account for it in our Dominions, on any Pretext
whatſoever ; in fine, we grant to the ſaid Hebrews, the free Exerciſe of their
Ceremonies, Solemnities, Uſe, and Cuſtoms, according to the Jewiſh Laws, pro-
hibiting their wearing publickly Cloaks, or other diſtinguiſhing Dreſs, under any
Denomination whatſoever.
III. That the Hebrews ſhall not be ſubject to any Regiſtry or conſular Juriſ-
diction, nor to any Company of Tradeſmen ; but, if'any Difference ariſes between
a Chriſtian and a few, on ſome Affair concerning Arts and Trades, the Judge
Delegate, who ſhall be named for this purpoſe, Thall be deemed a competent one,
and decide it.
IV. We grant to the Hebrews and their Families, who ſhall eſtabliſh their
Reſidence in our States, to enjoy, in Reſpect of their Commerce, either at home
or abroad, the fame Privileges, Franchiſes, and Immunities, which the other Citi-
zens, or Inhabitants of the ſaid 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, ſhall be exempt from
paying
any Cuſtoms, or Duty of Paſſage, at their Importation or Exportation.
VI. There ſhall be a Judge Delegate at Naples, Palermo, and Meſina ; and ca
Magiſtrate appointed at Mejina, as at Naples, who ſhall judge of the Differences
that ſhall arife between a Chriftian and a few, or between two Jews, in Cafe that
the Crimes merit a feverer Chaltiſement than confining or baniſhing; and in
other Cafes, that they be carried excluſively before their People of the Law, and


if
5
I T A L Y.
751
Majelty.
the Jews.
ز
if they are wronged or aggrieved, they may. recur to the Royal Protection of his
VII. This Article regards the Puniſhment to be inflicted on the Jews, who
ſhall frequent or keep company with either Chriſtians, Turk, or Moor
VIII. This is to prevent the falſe Accuſations, which may be intended againſt
IX. If there happens any diſaſtrous Accident to a Hebrew, that ſhould oblige
him to fail, and that he falls into Penury, ſo as to diſable him from paying
his Debts; in this caſe the Merchandize, Bills of Exchange, and other Effects,
or Money appertaining to any Correſpondent, ſhall not be ſtopped to ſatisfy his
ſaid Debts.
X. Is relative to the Dowry of married Women.
XI. On the Subject of Sequeſtrations obtained againſt the feces.
XII. Concerning the Validity of the Securities which the Jews ſhall give,
when they ſhall be obliged to leave the Kingdom.
XIII. Permits the Hebrews to have all Sorts of Books, after being (however)
inſpected by their Delegate.
XIV. and XV. Favour the Jewiſh Phyſicians.
XVI. Grants them a publick Synagogue.
XVII. Leaves them at Liberty in Regard of their Wills.
XVIII. In Regard to Contracts of Purchaſe and Sale, or in Trade, in Relation
to the Fews in our Dominions, the Sales ſhall not be held as perfected, till after
a Writing has paſſed between the Buyer and Seller, under their Hands, and con-
firmed by a Notary, or two Witneſſes ; provided that if between Merchants in
the retail Way, at Fairs, Markets, &c. they be made without theſe Formalities,
they ſhall have all Force, according to the uſual Cuſtom and Law, in Regard to
the other Inhabitants.
XXV. We grant to the Jews all the Favours, Privileges, and Faculties, enjoyed
by the other Merchants of this Kingdom; they may exerciſe all Sorts of Trades
and Traffick; but it ſhall not be permitted them, after the Manner of our Sub-
jects, to cry about the Streets old Clothes to ſell : Though the Jews have Leave
to ſell and buy every one in particular, in his own Houſe or Shop, none of
them or their Family Thall be obliged to wear any Mark that they may be
known by.
XXXI. The Merchandize of the Jews, and of their Correſpondents, and their
Perſons, coming to any Place whatſoever in our Ports, ſhall be free, as well in
their Merchandizes and Perſons as the Ship which brings them, on Payment of
the ordinary Cuſtoms, Gabelles, and Taxes, even when they have no Paſſport,
provided that it appears by the Veſſel's Documents, that it was deſtined with its
Goods for one of our Ports, and no Magiſtrate or Officer ſhall moleſt either the
Ships or any of the Effects ; but, on the contrary, ſhall obſerve our preſent Pri-
vilege, and in Caſe of Diſobedience ſhall be puniſhed, and all the Merchandizes
reſtored to the Jews, with Charges and Expences, without any Hinderance real
or perſonal.
XXXV. We grant to the Jews fix Warehouſes for their Uſe in the Cuſtom-
Houſe of Naples Rent free, ſince we conſider them as our own Subjects; they
may have alſo the like, in the other Cuſtom-Houſes of our Kingdoms for their
Conveniency, equally with the other Burgeſſes and Inhabitants, in Proportion to
their Number and Trade, according to the Informations that their Declaration
ſhall give in; and in Caſe that the Magazines of the Cuſtom-Houſe are not
ſufficiently large to contain their Goods, it ſhall be permitted the Jews to hire
others to their Liking, under the Guard and Inſpection of the Cuſtom-Houſe
Officers, enjoying the Privilege of Portos Francos, as if their Effects were en-
cloſed in the Offices of the Cuſtom-Houſe.
The King of the Two Sicilies likewiſe made a Treaty of Peace, Trade, and
Navigation with the Ottoman Court, which was concluded at Conſtantinople the
7th of April 1740, whereby his Subjects are put on the ſame Footing with thoſe
of all others trading to the Dominions of the Grand Signor.
Naples

752
GENERAL COMMERCE OF THE WORLD.
HE Commerce of Florence is carried on by Way of Leghorn, and conſiſts in
a large Quantity of rich Silks, maufactured in this Capital of the grand Duke
Naples furniſhes Trade with raw and wrought Silks, filk Waiſtcoats and Stock-
ings knit, Oil of Laurel, crude Brimſtone, Calabrian Manna, Roſemary Bloſſoms,
Anis and Coriander Seeds, Raiſins, Currants, Cream of Tartar, Figs and Olives,
Soap, dried Orange and Lemon Peel, Silk Stockings and Waiſtcoats, Effences,
Quinteſſences, and Perfumes.
Palermo (the Capital of Sicily) produces alſo raw and wrought Silks, Brimſtone,
Cream of Tartar, fine Sponges, and Plenty of the fineſt Wheat (except Spaniſh)
I ever ſaw.
Reggio yields Raw Silk, Manna, Oil, and dried Fruits.
Meſina affords alſo large Quantities of Silk, and other Commodities, fimilar to
thoſe of Palermo.
With thoſe Products and Manufactures his Sicilian Majeſty's Subjects carry on
a great Trade to England, Holland, Liſbon, Turkey, and ſome to France, more eſpe-
cially in Corn, when this Kingdom is in Want; and the Merchandizes they take
in Return will be noticed in a Catalogue of thoſe fit for Italy, in which theſe
Places will be included.
Of the Trade of Rome, and the other Territories of the Pope.
T
HIS City is more celebrated and known for Antiquity, Hiſtory, Magnificence,
and Grandeur, than by its Commerce, as it draws almoſt all from Abroad,
by its Port of Civita Vecchia, at the Mouth of the celebrated River Tyber, whoſe
Stream muſt be gone up to reach Rome ; theſe Parts afford nothing more to the
Increaſe of Trade than Allum, made in great Abundance about ſix Miles from
Civita Vecchia; but what is wanting here, Bologna and Ancona in the Eccleſiaſtical
State abundantly ſupply, I mean to Commerce, the Fertility of the Country about
the firſt being beyond all Imagination, and this improved by the Induſtry of its
Inhabitants, has rendered the City rich and flouriſhing; there are Mills for Paper,
and others for fawing the Wood found in the Apennines; to move Hammers for
forging Iron, for poliſhing Gun Barrels, to bruiſe the Barks; and Valonea for
tanning of Hides, for making of Oil, for Flax and Hemp, for grinding all sorts
of Grain, for winding, twiſting, and making Silk into Skains, and for an Infi-
nitude of other Works.
The Manufactures of this City are Cloths and Silks, particularly Sattins, Da-
maſks, and Velvets, flowered and plain ; filk Stockings, Linens and Crapes.
There are raiſed in the Neighbourhood a great Quantity of Silk Worms, which
furniſhes the Bolognois with the richeſt Part of their Trade for raw Silk; and
beſides the Silk in Skains, they here make Organcens, which are very much
eſteemed.
The other Merchandize brought from Bologna, conſiſts in their celebrated Sau-
ſages, of which Foreigners take off yearly a furpriſing Quantity, packed up with
Cotton in little deal Boxes, and ornamented with Painting and Gilding; here is
likewiſe a conſiderable Trade in Quince Marmalade, prepared by the religious
Recluſes of the Place.
Ancona has likewiſe its Silk Fabricks, and Tanneries for Hides, on which its
Exports chiefly conſiſt, except in ſome Years when large Quantities of Corn are
ſhipped from hence; it was made a free Port by Clement XII
. in a Decree of the
16th of February, 1732, very much to the Dillike of the Venetians, as it attracts
a large Share of that Trade carried on before at Venice, both from the North and
the Levant.
Of Florence and Leghorn, with their Trade.
Silk, Sattins of all Colours, but more eſpecially the White, which are greatly
eſteemed, Armoiſins
and Taffeties; here are alſo made ſome light Woolen Stuffs;
and the other Merchandize that this place affords, are raw and ſpun Silks, Wool
waſhed and unwaſhed, Wine, and Gold Wire.


3
Leghorn
I
i T A L :
753
Y
Leghorn (or Livorno) is one of the moſt important, and the beſt Ports of thë
Grand Duke's Eſtates, and hardly yields in Point of Trade either to Venice or
Genoa; the great Liberty which all Nations enjoy (let their Religion be wh it
will) induces fome of almoſt all Nations to affemble here; and the moderate
Cuſtoms paid on Importation (for all Exportations are free) attracts alſo a Con-
currence, not only of French, Engliſh, Dutch, &c. but alſo of Jews, Turks, and
Armenians; the Turks however trading only de paſo.
The Engliſh and Dutch (more eſpecially the former) carry on the greateſt
Trade; this Place being properly the Staple or Magazine for the major Part of
the Goods which they receive from the Weſt, and ſend to the Levant, as it is for
thoſe they get from thence in Return, and forward to their Weſtern Markets.
The Jews and Armenians tranſact moſt of the Buſineſs, by intervening as Bro-
kers, for which they are paid, according to Cuſtom, for the different Branches of
Trade they tranſact, whether Purchaſes or Sales, Exchanges or Inſurances.
Beſides the rich Fabricks of Silk, Gold and Silver, at Florence, Piſa, Lucca, and
the other Towns of Tuſcany and its Neighbourhood, here are found raw Silk of
all Sorts, as well Italian as Levant, and even Spaniſh Olive and Oils, not only of
the Growth of the Country, but from different Parts, as Gallipoli, la Pouille, the
Levant, Barbary, &c.
But that which is not the leaſt important part of this Commerce, are the Mer-
chandiſes from the Levant, with which (as has been ſaid) the Engliſh and Dutch
have always their Warehouſes well furniſhed, as they have with thoſe Goods they
receive from the Weſt, which conſiſt of the fame Commodities, as will hereafter be
mentioned as proper for Italy; what is thipped from Leghorn, beſides the Goods
afore-mentioned, are Cotton in Wool and ſpun, Coffee (brought there by Way of
Alexandria) Allum (of Civita Vecchia, and the Archipelago) Anniſeeds (from Rome
and Malta) fine Laque (from Venice) Marble of curious Colours (from Carrara)
Red Coral (from Sardinia ) Soap; Sumack; Argol, Brimſtone, Wine, &c.


Of the Trade of Milan, Modena, Lucca, Parma, and Verona.
MILAN; the Capital of Lombardy, is very confiderable for its Commerce,
which it furniſhes 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 Products and Manufactures ſo like thoſe of Bologna, as a De-
ſcription of them here would be a Tautology.
Lucca is a ſmall Republick in Italy, upon the River Serchio, five Leagues from
Piſa; it is celebrated for its fine Silk-Manufactories, particularly thoſe of Velvets;
Damaſks, Sattins, and Taffeties; here are likewiſe fold a large Quantity of raw
Silks, and in Skains, as alſo of Oils and Olives, which latter are eiteemed the beſt
in Italy, but double priced from all others.
Parma tranſacts all its Buſineſs by Way of Venice, which principally conſiſts in
raw Silk, and Cheeſe made at Lodi.
I Thall laſtly mention, as a very conſiderable Branch of the Italian Trade, that
carried on in the Territories of his Sardinian Majeſty; of which Turin is the Capi-
tal, and has an advantageous Situation, for extending it on every Side, as almoſt
all that comes from the other Parts of Italy, and that which enters it by Way of
Lyons and Geneva, paſs by this City; the Po, which runs near it, alſo, facilitates
a Communication with Lombardy and the Venetian States; and although it is ne-
ceſſary to traverſe the Alps to get there, nothing is eaſier than the Journey by
Mules, which are made Uſe of for the Tranfportation of the Goods, and of Men,
who give all deſireable Affiſtance for the Pallage of Mount Cenis.
Piedmont produces the beſt Silk in Europe, on Account of its Lightneſs and Fine-
neſs, and the Organcens made of it, are moſt eſteemed, in England, France,
Holland, and Germany, of any. It is reckoned that, in a common Year, is made in
the King of Sardinia's Territories, viz. in Piedmont, Montſerrat, Alexandrin,
Lomeline and Novaros, about 560,000 Pounds (of twelve Ounces) of raw Silk,
which


9 F

GENERAL COMMERCE OF THE WORLD.
A great
Silk Stuffs, with Gold and Silver, from Lyons and Tours, and Ribbons, particular-
which are all reduced into Organcens or Frames; only thoſe of Navarois being
permitted Extraction unthrown.
The Fabricks of all Sorts of Silk Stuffs, long ſince eſtabliſhed in Turin, conſume
about 130,000 Pounds of thrown Silk yearly; though it is to be obſerved that the
Fabricators of theſe Silks, import from their Neighbours, the greateſt Part of the
Frames they uſe, or of raw Silk to make them.
There are beſides in Turin, about ſix hundred or ſeven hundred Looms for Silk
Stockings; for whoſe Employ a great Quantity of Silk is required; however, it is
computed, that beſides the Silk uſed in all theſe Manufactures, there is yearly ſent
to Lyons, about two thouſand ſmall Bales (of an hundred and thirty-fix Pounds each)
loaded at Genoa and Leghorn; extra of what is ſent to Holland, and Germany, by
Way of Savoy and Geneva.
This Prince's Dominions have likewiſe ſeveral Fabricks of Drapery, particu-
larly of Scarlet, Blue, and Black Cloth; beſides divers Sorts of light Stuffs; they
alſo make Ratines, and coarſe Cloth for the Soldiers Clothing,
Piedmont is very fertile in Corn, with which it ſupplies its Neighbours, particu-
larly with Rice; of which large Quantities are ſent to France and Genoa, as alſo
to Venice, by the River Po.
Hemp likewiſe grows here in Plenty, which is almoſt all ſent through Nice to
Marſeilles and Toulon, except a ſmall Share to the Genoeſe.
Number of Cattle are fatted in Piedmont, and Abundance of Wine made,
both which find a ready Sale among the Genoeſe and Milaneſe, and a large Share
of this latter is diſtilled into Brandy, to make the Compoſition of Roh-folis at Turin,
which has greatly the Preference of others.
Some few Years ago, a Manufacture of Earthen Ware was eſtabliſhed at Turin,
and a little while ſince, another of Porcelaine, which is brought to great Per-
fection; ſeveral Quarries of excellent Marble are found diſperſed about the Country,
which ſerves to ornament both their Churches and Palaces.
The Countries of Nice, Oneille, and other places on the Sea Coaſt, ſubject alſo to
his Sardinian Majeſty, produce moſt excellent Olive Oil, and in ſuch Plenty, that
beſides a Sufficiency for all his Dominions, large Quantities are ſold to the French
and Genoefe. And the Island of Sardinia, producing many of the Commodities
above-mentioned, and ſimilar to thoſe of Sicily, I ſhall not enlarge on its Deſcrip-
tion, to avoid Repetitions, but now give a Detail of the Commodities
proper
for
Italy.
Merchandize proper for Italy.
SPICE
PICE in general, which (except Pepper) the Dutch fupply.
Cocoa, Ginger, Tea, Porcelaine, and other Indian Curioſities.
Painted Linens, Chints, and painted Furies.
Sattins, Damaſks, and other thin light Indian Silks.
Linens of divers Sorts, as Mullins, Cambricks, Hollands, Sileſias, and Oſnabrucks.
Cloths, Camlets, Serges, and other Stuffs, from England, France, and Holland.
Silk Stuffs from Lyons, Mercery, hard Ware, and Ruſſa Hides.
Divers French Modes for Women's Wear; white Threads and Tapes from Har-
leim and Flanders.
Vermilion, and all sorts of Dying Woods; Madder, and Elephants Teeth.
Whalebone and Oil, Copper, Braſs, Iron, Lead, and Tin.
Tar, Pitch, and Reſin, Capers, Muſk, Amber, and Civet.
Herrings, ſmoaked and pickled, Salmon, Stock-fiſh, Poor-jack, and Pilchards.
Pewter, Steel, Caviar, Languedoc and Provence Wines, Wheat, and other Grain.
All Sorts of French Merceries, Laces, and Guimps, of Silk and Silver.
ly from Paris.
Wigs, Hair, Worſted Stockings, Hats, &c.
of
OF THE LEVAN T.
755
Currants, fine Camlets, fine Wools from Metalin and Caramania, Skins like Mo-
Soap, Pearls, Diamonds, Rubies, and other precious Stones; but theſe Jewels are
ſold privately by the Armenians, who bring them with their Caravans, and who
of the Levant Trade, and that on the coaſt of Barbary.
Shall include, under this Title, all the Commerce carried on with the Engliſh,
French, Dutch, and Italians, at Smyrna, Alexandretta, Aleppo, Seyda, Cyprus,
Conſtantinople, Alexandria, Roſetta, and even Grand Cairo, Angora, and Beibezar,
upon the Coaſts of Barbary.
The great Quantities of European Ships that trade to Smyrna, and the nume-
rous Caravans which arrive there from Perfia, have always made, and ſtill make
this to be a Place of the greateſt Commerce in all the Levant, for which it is
happily ſituated in the Gulf of the Archipelago, in that part of the Leller Aha
that the Greeks called Ionia, and at preſent named Natolia.
The Port of this City, ſo famous for its Commerce, is capable of containing
many Fleets, and here are generally ſeen ſeveral hundred Merchant Veſſels of
divers Nations.
The greateſt Part of the principal foreign Merchants have fine commodious
Houſes of their own; and hardly any Thing can be ſeen more fuperb and mag-
nificent than the Habitations of the Conſuls, who are almoſt all lodged near the
Sea; but Perſons whoſe Stay here is but ſhort, or who would be ſaving in their
Expences, may have the Convenience of being accommodated in a Kan, which
is a sort of an Inn, where a thouſand People may lodge, on paying a Dollar per
Month for each Chamber.
At Smyrna are two Cuſtom-houſes; the biggeſt called the Cuſtom-houſe of
Commerce, where the Duties are paid on Silk, and other Goods that the Arme-
nians import from Perſia, and thoſe which the Chriſtian Nations unload there,
and embark for their Returns: The other, named the Cuſtom-houſe of Stamboul,
or Conſtantinople, only takes Notice of the Trade of this Capital of the Ottoman
Empire from Salonica, and other Parts of Turkey.
The Caravans have their Times and Seaſons fixed for their Arrival and Depar-
ture, on which the Enropean Nations regulate the Remiſs of their Ships, to the
End that the Aſiaticks may carry with them the Weſtern Merchandizes, and the
Europeans reload with thoſe of Afia.
the Afatick Nations, the Armenians are thoſe who carry on the greateſt
Trade with Smyrna; the Caravans from Perfia being almoſt all compoſed of them,
and in this City are eſtabliſhed above twelve thouſand.
In reſpect to the Natives of Europe, the Engliſh are beſt regarded, and moſt
favourably treated, and they likewiſe ſend the greateſt Number of Ships here;
next to them the Dutch; and laſtly, the French, but they are too numerous here,
and thereby hurt one another.
The Merchants from Leghorn carry on a great Trade here; thoſe of Venice ſtill
more; and the Genoeſe (notwithſtanding the Expence the Liberty to trade under
their own Colours has coſt them) hardly any.
The French Trade is carried on from Marſeilles in ten Sail of Ships, and three
or four Barks yearly; whoſe Loadings conſiſt of Dollars, Cloths of Dauphine,
Carcaſſone, and Sapte; in Perpetuans, or Imperial Serges; in Caps, Paper, Co-
chineal, Tartar, Verdegris, Indigo (from St. Domingo and Guatimala) Pewter,
Dying Woods, Spice, and Sugar. "The Returns being
almoſt the ſame for all the
Nations of Europe who trade there, I ſhall here mention them once for all, viz.
Angora Goats, and Camels Hair, Rhubarb, Scammony, Opium, Senna, Gum
Adragant and Arabick, Coffee, yellow Wax, Allum, Cotton in Wool and ſpun,
roccoes, Buffaloes Hides, Shagreen, Sponges, Maſtick, Saffron, Galbanum, Galls,
Alhes, Box, Anniſeeds, Fuſtians, Buckram, Carpets, Silks called Cerbaſſi, Legis,
Ardaffe, and Ardaſfetes, Cotton Stockings, Turkey Handkerchiefs, Valonea, Xanto-
line, Apoponax, Agaric, Tutti, Amber, Muſk, the Ultramarine Stone, Storax,


Of

frequently come themſelves to Chriſtendom to diſpoſe of them.
5
The
456
GENERAL COMMERCE OF THE WORLD.
equally publiſhed, both by ſacred and profane Authors. The modern Sidonians
The Dutch ſend yearly about fourteen Ships, with Leyden fine Cloths, Cloves,
Mace, Cinnamon, Nutmegs, Ginger, Cochineal, Indigo, Copperas, Quickſilver,
Brafs and Iron Wire, Dantzick Steel, Englif Pewter, rough yellow Amber, Tartar,
Sea-Horſe Teeth, Lapis Lazuli, Loaf and Powder Sugar, Cinabar, red Oaker, Dy-
ing Woods, Tin, Ruſſia Hides, &c. and re-load with the greateſt Part of the
Goods juſt mentioned.
The Venetians generally ſend fourteen or ſixteen large Ships annually, under
Convoy of two Men of War, beſides others at different Times without Convoy :
and the Livernois alſo fend Veſſels as they find Occaſion.
Angouri, or Angora, and Beibazar, Capital of Galatia, has always preſerved
its Reputation for the Beauty and Fineneſs of its Goats. Hair, and the Fabrick of
Stuffs made there at preſent called Camlets; and it is from this Place, and Bei-
bazar, that Smyrna is ſupplied with theſe Commodities, the Quantity of the for-
mer being almoſt incredible, of which it is ſaid the Engliſh tranſport about five
hundred Bales, the French as many, and the Dutch more than double that Num-
ber, and the Conſumption of it is full as great there, as what is ſhipped by theſe
Nations: The Engliſh and Dutch have Factors ſettled here to purchaſe this Com-
modity at firſt Hand, by which Means they have it much cheaper than when
brought to Smyrna.
Aleppo and Alexandretta; theſe two Cities of Syria have a great Similitude in
their Trade, or rather it is the fame that they both carry on, Alexandretta being
properly only the Port to Aleppo which is twenty-two (or as ſome ſay twenty-
five) Leagues within Land.
Aleppa is one of the principal Cities in the Turkiſh Empire, and only yields to
Conſtantinople and Cairo in Grandeur, and to Smyrna in Point of Trade.
Two Things (among others) are very remarkable in Regard of Trade. The one
is the Cuſtom of making Pigeons ſerve for Meſſengers, to give Advice of Ships
Arrival, and other preſſing Affairs, which is done by taking them from their young
ones at Aleppo, and ſending them to Alexandretta a little before it is ſuppoſed they
may be wanted, which being let Ay at this Place, with a Billet about their Neck,
return in three Hour's Time. The other is, the Prohibition to go from Alexan-
dretta to Aleppo, any other Way than on Horſeback; and the Reaſon of it was,
to prevent Sailors running afoot to Aleppo, and there ſpoiling the Price of Goods
by their Over-urgency in laying out their little Stock, which without this Or-
dinance would be greatly diminiſhed.
There is hardly any Place in the three ancient Parts of the World, from whence
ſome Merchants are not ſeen at Aleppo: Beſides the Englifh, French, Dutch, and
Italians which reſide there, the Caravanſeras are always full of Armenians, Turks,
Arabians, Perhans, and Indians, which come in ſuch Numbers by the Caravans,
that although there are about forty of thoſe publick Buildings, they hardly fuffice
to contain thoſe, who only appear to tranfact ſome tranſient Buſineſs, and who after
ſelling their Goods, return by the way they came, with their new Purchaſes.
The Merchandize proper for this place, are the ſame as thoſe for Smyrna; and
thoſe which the Ships reload are Silks of the Country, and Perſia Cotton Cloths of
various Sorts, and among others blue Amans, Auquilles, Lizardes, thoſe from
Beby, others called Linen Antiquies, Ajamis, and Abundance of Chints; different
Cottons, and Cotton Threads, Galls, Cardovans, Soap; many species of Silk
Stuffs, and thoſe admirable Camlets before-mentioned.
Seyde is the ancient Sidon of Phænicia, fo renowned formerly for its great Traffick,
very little inferior to that of Tyre itſelf, whoſe Reputation for Commerce has been
retain nothing of the ancient but their Inclination for Trade, every Thing elſe is
altered; their Power by Sea no longer ſubfiſts: The vaſt Extent of their city is
reduced to leſs than one Quarter of what it was formerly; and the
great
of its Inhabitants to leſs than fix Thouſand, of which the Foreigners make near
half.
But few Weſtern Commodities find à Sale at Seyde, though with the Products of
the Country a pretty good Trade is ſupported; thoſe few are fome Cloths of
lively Colours, Sattins and Damaſks of Lucca and Genoa, with ſome Paper, a few



Number
Cheſts
I
OF T H E L E V A NT.
1
Purchaſes, a conſiderable Sum of Money is yearly obliged to do it.
dence; after having been for a long Time the Seat of the Greek Emperors, and a
Port, might render it a Place of the greateſt Trade in the World, if the Inhabi-
Cheſts of Indigo and Cochineal, Spice, Sugar, and Brazil Wood, all in ſmall Quan:
tities. The Goods loaded here are principally Silks and Cottons, with ſome Aſhes,
Galls, Oil, Soap, and Birdlime; and as the Occidental Sales do not balance their
The French Trade to this Place, Acres and Rama (which are in its Diſtrict) im-
ports about 350,000 Dollars yearly, and there are no Merchants but of this Na-
tion ſettled in theſe Places.
Chio is now ſubject to the Turks, and better peopled than any Iſle in the Egean
Sea; its Commerce is very conſiderable, though much leſs than the Number of its
Inhabitants, and the various Sorts of Merchandize that grow and are made here,
ſeem to promiſe. The Wine, Silk, Cotton, Turpentine, and Maſtick, are the
principal Products that draw the Europeans hither, more eſpecially the Engliſh
and French, who have their Conſuls here.
It is ſuppoſed that above 100,000 French Crowns worth of thrown Silk is an-
nually exported from hence, beſides a large Quantity of Silk Stuffs made in the
Ine, ſuch as Damaſks, Sattins, and Taffeties, which are tranſported to Cairo, and to
all Places on the Coaſts of Barbary and Natolia, particularly to Conſtantinople.
The Cottons are in Wool, or ſpun, and a great deal of them employed in Ful-
tians and Dimities, which are as much eſteemed, and diſpoſed of in the fame
Way, as the Silks.
Maſtick (the chief Article of their Trade) is hardly found any where elſe but
here, and the beſt, and indeed almoſt the whole is for the Grand Signor; who has
from all the Villages in the Illand where it is gathered, two hundred and eighty-
fix Cheſts, weighing 100,025 Oques, and ſome few others are taken by the Cu-
ſtom-houſe Officers, &c. Of Turpentine the Iſle produces about three hundred
Oques (of 31 Pound one Ounce.) Of Oil about two hundred Hogſheads (each
Hogſhead weighing 400 Oques, and the Oque about 31b. 20%.) Of Silk 6,000
Maſſes, or 30,000lb. almoſt all which is wrought up by the Iſlanders in the Ma-
nufactures before-mentioned. Here is alſo ſome very good Wine, known to the
Ancients under the Diſtinction of Netar; and it affords fine Honey and Wax in
tolerable Quantities.
Cyprus maintains hardly any Trade with the Europeans, except with the Pro-
ducts and Manufactures of the Ine. Its Extent, and the Fertility of its Soil, enables
it to furniſh Conımerce largely; particularly with Cottons, and Silk, which are
cultivated almoſt every where. The Cottons in Wool or Thread are eſteemed the
beſt and fineſt in all the Levant; the Country between Nicoſia and Famagouſta,
and about Paphos, and Limiſo, are the Parts in the Iſland that produce molt.
The Silks are alſo gathered, and the Silk Worms bred in ſome Villages, ſubject
to the Magiſtracy of the two laſt mentioned Cities; but the beſt and greateſt
Quantity is made in the Village Cyteree, though none are held in an equal De-
gree of Goodneſs with the Cottons.
The Wools, Wine, Galls, ſome Medicinal Drugs; red, yellow, green, and grey,
ish Earths or Boles; Stuffs and Dimities are the other Merchandizes of the Inle,
to which I think I ought to add as one, the Ortolans, which come here in ſuch
Abundance, that the Natives pickle them; and, beſides what they conſume on the
Illand, the Venetians export upwards of a thouſand Barrels annually.
Some few Bales of Cloth, Paper, Caps, and foine Verdigris, are the only
Goods imported there, which occaſion the major Part of the Returns to be paid
for in Money, and the moſt advantageous Specie for this Purpoſe are the Mexican
and Seville Dollars.
Conftantinople
. This City, formerly the ſecond Rome, or rather the true Capital
of the Roman Empire, when Conſtantine the Great had choſen it for his Reſi-
The happy Situation of this great City, joined to the Beauty and Security of its
tants, who are ſubject to a Servitude that almoſt deprives them of the Property of
their Efects, dared to think of enriching themſelves by Commerce; or, if the
Foreigners



the Turkiſh.
9 G

758
GENERAL COMMERCE OF THE WORLD.
Wools, called Pelades, and Treſquilles, of which the Extract in a common Year
of the great-
dents at Smyrna or Aleppo, to draw it on the Capital, or other Remiſſes to be made
The few Merchandizes mentioned to be exported from Conſtantinople conſiſt in
Foreigners that Trade draws here, and who are treated with leſs Haughtineſs and
Severity, were not expoſed to ſo great and frequent Inſults and Impoſitions.
Notwithſtanding theſe Reaſons, fo naturally tending to raiſe a Difreliſh in the
Chriſtian Nations to a Commerce with Conſtantinople, there is however a great
Number of their Ships ſeen to arrive here; and there is hardly one of theſe Na-
tions who have not a Miniſter ſettled here, more to protect their Merchants than
for
any political Intereſts; the Emperor and the Venetians being thoſe only who
can have any Conteſt with the Port, by Reaſon of the Proximity of their Terri-
tories.
Of the Europeans, the Engliſh, French, and Dutch, are thoſe who carry on the
greateſt Trade here, more particularly with their Cloths, ſent here directly, oř
brought from their Warehouſes at Smyrna, which are always well filled. The
Cloths from Venice have for a long Time had the Preference in this City, though
every where elſe in the Levant, they are the leaſt eſteemed.
Thoſe deſtined for Conſtantinople ſhould be thin and fine, well milled, cloſe
fhorn, without any Nap; above all they muſt be of the beſt Dye, and have their
juſt Lengths and Breadths.
The propereft Colours for Conſtantinople are Violet, Purples, Green, Red, Crim-
fon, Scarlet, Sky-blue, Fleſh and Cinnamon Colours; no Black, except
eſt Beauty, and then only one Piece in forty or fifty. About eight or nine thouſand
Pieces are fold here yearly, one fourth Datch, little more than one third Engliſh,
and the Reſt French and Venetian; a few Perpetuanas, and ſome other Woolens
are ſold here, but of Silks, great Quantities from France and Italy, and a ſmall
Matter from England and Holland; the chief are the Sattins from Florence, Tab-
bies, Damaſks with and without golden Flowers; flowered Brocades, with gold
and ſilver Grounds from Venice; and flowered Velvets from Genoa; but although
theſe Stuffs preſerve the Name of their original Fabricks, ſome of them are now
made at London and Amſterdam, and many of them at Lyons and Tours, which are
however ſold to the Turkiſh Tailors, and Armenian Merchants, for true Venetian
and Genoeſe Goods.
The Sale of Sattins amounts yearly to between five and fix hundred Pieces; of
Tabbies to three or four hundred; of Damaſks without Gold, only fixty Pieces, and
with, an hundred Pieces, and hardly more Velvets; but Brocades with gold and
ſilver Flowers find the greateſt Vent, though theſe muſt be made on Purpoſe, with
Patterns proper for the Place; for it is not the Richneſs of the Stuff that pleaſes
the Turks, but chiefly the Gaiety, and above all the Cheapneſs.
Paper is one of the beſt commodities carried to Conftantinople, and what fre-
quently produces the moſt Profit; it goes there from France and Venice, and
Genoa, though principally from the firſt, in all about thirty thouſand Reams;
the other Merchandizes are, Hard-ware, Tin, Braſs, and Iron Wire, which
the Engliſh and Dutch carry from Hamburgh, and the Baltick; gold Thread, and
ditto Gold and Silver falſe, from Poland, carried by the Venetians, Marſeilles and
Túniſeen Caps; Verdigris from Montpelier, Oil of Spike from Marſeilles; Tartar,
Sugars ſupplied by the Engliſh and Dutch when the Crop has failed in Egypt,
which commonly furniſhes Conftantinople, by the way of
Alexandria; and in fine,
Spices, Camphire, Quickfilver, Lead, Cochineal, Brazil Wood, White-Lead, &c.
in which theſe two Nations are almoſt ſolely concerned.
The Exports from Conftantinople are very few in Compariſon with the Imports ;
therefore, to balance Accounts, the European Merchants direct their Correſpona
bought for their Ships reloading at either or both of the faid Places.
Buf-
; and Cow
Skins, of the different Sorts and Qualities, fifty thouſand, of which the Confump
tion is for Italy: of Pot-Alhes, from the Black Sea, which the Engliſh and Dutch
buy to ſcour their Cloths; yellow Wax, Tome Goat's Hair Thread, a Quantity
OF THE L E V A N T.
759
Leghorners.
of Caviar, or ſalted Sturgeons Roes, commonly brought up by the Venetians and
The Fur Trade from Muſcovy, Natolia, the Black Sea, Crim, and other Places
of Tartary, is very conſiderable, though in this the European Merchants have no
Share, being entirely tranſacted by the Greeks; of theſe skins about two hundred
Cheſts (with two hundred pair in each) of Sables are yearly fold, from fifteen hun-
dred to twenty-five hundred Dollars per Cheſt; Ermines (only eſteemed when ex-
tremely white) fell from ten to eleven Dollars, for forty Skins and Minevers at
ſeventy Dollars per Thouſand ; Martins, Polecats, Lynxes, and Fox Skins are
brought here froin Natolia, and annually ſell for the Value of about fixty thou-
ſand Dollars ; the black Fox Skins brought from Caffa and Tartary are in very
great Eſteem, and their Sales may yearly import an hundred thouſand Dollars.
Of Caffa, or Capha, and the Black Sea : The Venetians have often endeavoured
to commence a Trade to this laſt, more eſpecially to Caffa, and in 1672 obtained
Leave, by the lively Repreſentations, and the more perſuaſive Arguments of
large Preſents, which their Baily the Chevalier Quirini made; but upon the Re-
monſtrances of the Superintendant of the Cuſtom-houſe at Conftantinople, who ſuf-
fered in his Intereſt by this Conceſſion, and alſo under the political Apprehenſion,
that the European Chriſtians would, by this Means, more eaſily have a Corre-
fpondence with thoſe of their Religion ſettled on that Coaſt, the Privilege was
revoked, and no European Nation has been able to obtain one ſince.
Caffa has an excellent Road, and its Port' is where the greateſt Buſineſs is car-
ried on in all the Black Sea, it being common to ſee arrive, or fail, four or five
hundred Veſſels together. Here is a great Trade carried on in Corn, Salt, Furs,
and Butter ; this laſt being eſteemed the beſt in all Turkey ; but that which at-
tracts the greateſt Number of Shipping, and what induced the Venetian. Am-
baſſador to purchaſe the afore-mentioned Liberty at ſo great a Price, is the large
Quantity of Sturgeons taken in the Palus Mæotis, of which falt Roes the Italians
are fo fond, and not only they, but ſeveral other Nations of Europe and Aſia. Some
Accounts ſay, that many of theſe Fiſh here weigh eight or nine hundred Pounds,
and their Roes three or four Quintals; and though theſe Relations may be ſome-
thing exaggerated, it is certain that there are none elſewhere, either fo large, or
abundant; but as the Trade of this part is in general ſo very great, I ſhall give
my Readers an Abſtract of a very curious Memoir drawn up by a Perſon well ac-
The Commerce (ſays he) of the Black Sea is ſo conſiderable by the Advantages
it affords, and the great Quantity of Goods it takes off, that the yearly Import of
them is ſuppoſed to be more than three Millions of Dollars ; Caffa is one of the
principal Ports in it, diſtant about ſeven hundred Miles from Conſtantinople; the
Turks, Greeks, Perſans, and Muſcovites, are the People who ſupport this Trade, and
vaſt Quantities of Merchandiſes ſell here, both for the Conſumption of the Place,
and that with many others with which it maintains a Correſpondence. Here are an-
nually ſold to the Value of twelve or fifteen thouſand Dollars in Venetian Bro-
cades; here is likewiſe ſold another Sort in which the Gold and Silver is falſe,
and the Flowers like thoſe of Damaſks, to the Amount of ſeven or eight thouſand
Dollars. Ten or twelve Bales of Cloth are alſo annually diſpoſed of; about twenty
thouſand Dollars worth of Scio Damaſk; and to the Amount of an hundred and
fifty thouſand Dollars in Taffeties, ſtriped and plain; here is likewiſe brought
from Scio, fifteen thouſand Dollars worth of Fuſtians, and ſome of theſe from
Conſtantinople.
Of Coffee here is ſold yearly from fifteen to twenty thouſand
and five to fix thouſand Dollars in Flax from Cairo. Of all theſe Mer-
a great Part is conſumed in the Crim, diſtant about an hundred and
fifty Miles from Caffa; another Part is ſent to the Ports ſituated near the Palus
as at Gufleree, Bolovelava, Kirerei, and ſome other dependent on Caffa,
which ſerves them for an Almagazen.
The Proceeds of all theſe Goods are commonly employed in Hides, Wax, Wheat,
Barley, Butter, Honey, and Caviar, which are the chief Products of the Place.
Of the Hides here are two Sorts, the beſt made at Caffa being from about thirty-
five to forty thouſand yearly ; theſe are carried to Smyrna by the Way of Natolia,
and

quainted with it.

Dollars;
chandizes
Maotis,
769
GENERAL COMMERCE OF THE WORLD.
in Dutch Dollars, the Poliſh Abra, the Izelotes of the Empire, Venetian Sequins,
Hongres of Hungary, the Egyptian Cherif, Aſpers, and Parats, all which Species
and coſt about a Dollar each; the ſecond Sort are of an inferior Quality, tanned
in the Neighbourhood of that City, whoſe Value is three-fourths of a Dollar each,
and their Number about an hundred Thouſand, which are ſent to Conſtantinople.
There is annually collected at Caffa near thirty thouſand Ocques of Wax, of which
Part goes to Smyrna, and the Reſt to Conftantinople; there is alſo ſent yearly to the
latter, fifty or fixty Saicks (or Saiques) of Wheat, and from fifteen to twenty
with Barley; of Butter Caffa remits to this Capital between fifty and fixty thou-
fand Ocques; and the Profit it makes by its Honey is not leſs than that which
the Wax and Butter leaves. In fine, this place affords fome Silk, though the
Quantity is not large, nor its Quality good.
Azeck or Afoph is ſituated on the Don or Tanais, not far from the Place where
this great River falls into the Palus Mæotis. This part of Aſia was hardly known
in Europe, only to the Geographers, before the Year 1695, when the famous Czar
Peter Alexowitz took this Fortreſs from the Turks to whom it belonged, with the
Deſign to eſtablish a Fleet there, not only to attract the Trade of the Black Sea,
but alſo capable to make the Grand Signor tremble, even in the Capital of his
Empire; Afoph foon attracted the Attention of all Nations, and it coſt more than
one Siege and a bloody Battle (in which the Czar with his whole Army had like
to have periſhed) to reſtore this Placc to its firſt Maſter, who having experienced
the Importance of it, augmented its Fortifications, and guarded it with an ex-
treme great Jealouſy; but it is known that in the War of 1739 this City
became again an Apple of Diſcord, and that the Czarina remained in Poffeffion of
it, though I believe without reaping thoſe great Advantages that the Czar had
at firſt expected from its Conqueſt.
It is from Afoph that a part of the Caviar ſold at Conſtantinople comes, where
in a common Year are imported at leaft ten thouſand Barrels with 7 Quintals
cach; though all the Caviar is not made of Sturgeons Roes, but ſome of thoſe of
other large Fiſhes.
Kily (or Kilia) is fituated on the South Side of the Danube, about feven or
eight Leagues from the Mouth that diſcharges into the Baltick Sea. Four or five
thouſand Pieces of Fuſtian from Scio are brought here yearly, and Damaſks from
thence alſo to the Value of about ſix thouſand Dollars; Buckrams for more than
thirty thouſand; beſides two thouſand Pieces of Fuſtian made and ſold in the Place;
Coffee alſo ſold here for fourteen or fifteen thouſand Dollars; Flax for three or
four thouſand; ſtriped Taffeties (called Santals) for above fixty thouſand; other
Sorts of Taffeties for ſeventy thouſand; of Cloths, fifty or ſixty Pieces are annu-
ally imported, though of all theſe Merchandizes few are conſumed at Kily, as
this is the only Staple, or Storehouſe, from whence they are ſent to divers Ports
on the Danube, or within Land, as Iſmael, Temeſwaer, Hias, Galas, and ſeveral
other leſs conſiderable; all which Places contribute ſomething to Trade, viz.
Hias, about fifty thouſand Ocques of Wax, of which a Part is ſent to Smyrna
by Natolia, and the Reſt to Conſtantinople; the Butter comes from other Ports,
where in a common Year may be collected above an hundred thouſand Ocques.
At the Mouth of the Danube, and before Kily, is a very large Fiſhery, of the
Mouronne (though what this Fiſh is, I confeſs my Ignorance) which produces
above fixty thoufand Dollars yearly; each Fiſh weighs about a Quintal and a Half,
one with another, after the Roes are taken out, to make Caviar, though this
Commodity made here is not good, as the curing it well would render it too
coſtly to get any Thing by it. From the Ports along the Danube are
more than fix hundred Saicks yearly with Wheat and Barley, which commonly
yield the great Profit of 15 to 30 per cent. to the Concerned.
Prevat takes off no European Goods, ſo that all the Commerce is carried on


expedited
Here is made in a common Year from twenty to twenty-five thouſand Buff-Skins,
Kirmant, like the laft-mentioned Place, takes off nothing from Europe, and
only furniſhes Trade with about twenty-five or thirty thouland Hides
yearly, and
fome Butter.
Sinope

OF THE LEVANT:
261
Sinope is a Port ſituated on the Euxine Sea, on the Natolian Side; fome Goods
are here imported, but the greateſt Part of the Trade is carried on in the different
Coins afore-mentioned. The Perſians, however, drive a very conſiderable one here
in Silk Stuffs, Cambrelines, Indianas, Carpets, Lizats, &c. of which the greateſt
Part goes to Conſtantinople, and the Reſt to Caffa; and it is the Tartars, Greeks,
and Turks, who purchaſe the greateſt Part of theſe Merchandizes ; a few Linens
are brought from Frebifonde, but of fo little Import as not to merit any Regard.
Nicopolis is a Sea Port, with very little or no Trade: Though
Caſtamboli
, which is two Days Journey from it, makes coarſe Buckrams of all
Colours to above eighty thouſand Dollars Value yearly; of which a Part goes to
Conſtantinople, and the other to Caffa and Kily; here is alſo gathered a confider-
able Quantity of Wax ſent to Smyrna ; and the Perfans carry on a great Trade
here, as they do at Rupur, a Day's Journey from Synope.
La Maſtre is a Port in the Black Sea, tolerably ſecure, and where a pretty good
Commerce is carried on, conſiſting chiefly of Packthread and ſpun Yarn for Cor-
dage and Cables, of which there are annually loaded for Conſtantinople at leaſt eight
Saicks; there alſo goes from hence, and ſeveral other neighbouring Ports, a large
Quantity of Wood, the greateſt Part for Conftantinople, where it is employed in
the Grand Signor's Yards for building the Men of War and Galleys; the Maſts
in particular are very good, and ſo long, that they have ſerved for fixty and fe-
venty Gun Ships, all of a Piece.
There are exported from ſeveral Parts of the Black Sea, Salt Beef and Pot-aſhes,
the laſt for Conſtantinople and Smyrna, which the Engliſh and Dutch purchaſe to
ſcour their Cloths, and make Soap; the Furs alſo that come from Muſcovy are
tranſported to Conſtantinople by the Black Sea.
Of the Trade of Cairo, Alexandria, and Roſetta in Egypt.
ΤΗΣ
HE interior Commerce of Egypt was once very conſiderable; of which its
continual Fairs, that during the whole Year were often held ſeveral at a Time
in the different Provinces of the Kingdom, will give the higheſt Idea. There
all the People of the Country flocked together, to furniſh themſelves with the
Goods and Merchandizes that they wanted, or to diſpoſe of thoſe which a Su-
perfluity rendered uſeleſs. There each particular Diſtrict, bringing into Trade
the Merchandize which either Art or Nature had rendered peculiar to them, con-
tributed on its Part, to this reciprocal Communication, and to the general Cir-
culation, which was inceſſantly made, in the whole Body of the State. Egypt was
fo fertile, and had ſo well perfected the Arts and Sciences, that there was a pro-
digious Concourſe from all Parts to theſe ſo frequent Aſſemblies, which were pro-
ductive of immenſe Riches to all the Country.
In Regard to the exterior Commerce of the Kingdom, it did not become flou-
riſhing all at once; and as it owed its Birth to the Wants of Strangers, rather
than to thoſe of the Egyptians themſelves, it was only by Degrees that it went
improving, and in the End became ſo extremely great. Egypt was for a long
Time ſhuť up in itſelf, and fo ſeparated from all other Nations, that Nature it-
ſelf ſeemed to have concurred in keeping it hid from the Reſt of the Earth, as
at firſt it had no Communication with any of the other People of the World.
Long and toilfome Deſerts encompaſs it on the Eaſt and West, where its greateſt
Extent is; dreadful and unpaſſable Mountains bound it on the South, and ſhut up
to Nubia: In fine, the Mediterranean Sea on the North, ſeemed to
Commerce on that Side, whilſt Navigation was ſo little known, that
it was for a long time in thoſe Ages retarded. Egypt, contented with its own
Products
, was then both unknown, and unprofitable to the Reſt of the Univerſe;
from which it drew no Advantage, until the Greeks, by riſking the croſſing to
Africk, diſcovered in that Country, ſo long unknown, a Nation already poliſhed
and a Friend to Trade, that in Time engaged deeply in it, and became famous
for its Knowledge both in this, and other liberal Arts and Sciences; which the
Magnificence and bon Gout of their Kings, went perfecting by inſpiring an Emu-
lation in their Subjects to improve in all by the Application of a ſuitable Reward,
its Paſſages
deny it
any
9 H
as

762
GENERAL COMMERCE OF THE WORLD.
were
as an Encouragement to thoſe who exceeded in any of them; and it may be
juſtly aſſerted, that they were there ſupported a much longer Time, than among
all the other Nations of the Earth : But after Egypt fell under the Domi-
nion of the Mahometans, all went to Decay; the Fertility of this charming
Country diminiſhed, as the Number of Inhabitants did, and theſe People
foon reduced to an extreme Miſery under their pitileſs Maſters, and from a Na-
tion once fo induſtrious, are now become the moſt unpoliſhed, ſince the Arts and
Sciences were baniſhed.
The making of Fire-Arms is of all Arts the beſt maintained in Egypt; and
notwithſtanding all others, and the Sciences are fo fallen here, that it is hardly
poſſible to diſcover any Traces of them, yet it always carries on a very confider-
able Trade with Africk, Afia, and even to India and Europe, and it muſt be al-
lowed, that no Situation was ever more favourable for Trade, than that of this
delightful Country.
Cairo, the Capital of Egypt, is ſeated on the Nile, above the ſeven Mouths,
by which this River diſcharges itſelf into the Mediterranean; Alexandria, and Re-
fetta, diſtant from one another ten or twelve Leagues, and which are at two of
the Nile's Mouths, ſerve for Ports to this famous City, about ninety Leagues diſ-
tant; and it is before the one or the other, that the European Ships anchor to diſ-
charge their Goods, of which the greateſt Part is defigned for Cairo, and where
they attend to take in their Reloadings.
If all that has been ſaid of the vaſt Extent of Cairo, to make it deſerve the
Name of Grand, beyond all other Cities, is not an Effect of Exaggeration in the
Arabian Hiſtorians, or of that of the greateſt Part of the European Travellers,
who are equally ſuſpected, certainly there is not a City in the World, that ever
had or has, a better Title to it; but, not to enter into this Hiſtorical Diſcuſſion,
there is no Room to doubt, that it has been, and ſtill is, a Place of great Trade,
though Monſieur Maillet, Sicard, and other French Writers, will not allow it to
be near ſo big, nor ſo populous as Paris.
The famous City of Alexandria is now reduced to three or four thouſand
Refugees, from the different Provinces of Turkey ; Roſetta is all new built, of
which the Foundation was not laid much above a hundred Years ago, and as
the Canal, which goes from the Nile to Alexandria, only now ſerves to carry
the Water from that River to this City, and the Lake Mareotis, the Neceſſity of
houſing the Goods ſent from Cairo to Alexandria, and thoſe which go from thence
to Cairo, has probably not a little contributed to the Aggrandiſement, or even to
the Conſtruction of Roſetta. And it frequently happening that the Goods, which
were without the Bar, waited an Opportunity to get over it to Alexandria for Months
together; and on the other Side, as thoſe that came from this City (after hav-
ing ſurmounted the Difficulties of the ſaid Paſſage) could not be tranſported to
Cairo in the fame Veſſels, it became abſolutely neceſſary to build in this Part
proper Places to put them under Cover, and to have Correſpondents and Factors
ſettled there. The Trade here is ſo much augmented, more eſpecially ſince the
Beginning of this Century; that this City is now one of the moſt powerful in
Egypt, and carries on a conſiderable Trade in the Commodities that its Neigh-
bourhood produces, with thoſe brought in from Cairo, and thoſe imported by
the Greeks in their Saicks from the Archipelago.
The Merchandizes carried to, and exported from theſe Ports, being with a
trifling Difference the ſame for Cairo, as for the two Cities that ſerve for its Store-
houſes, I ſhall not treat of them ſeparately; but only remark, that the greateſt
Traffick, either in Purchaſes of Sales, is tranſacted at Cairo, with which the Bu-
fineſs of Roſetta and Alexandria is nothing in Compariſon.
The Goods exported from Egypt are, Benzoin, Bdellium, Gum-Arabick, Guma
Adraganth, Turbith, Myrrha, Abiflinica, Incenſe in Tears, Storax, Aloes Succo-
trina, and
Hepatica, Sugar in Powder and Loaves, and Sugar Candy, sherbet in
Calks, different sorts of Cinnamons from Ceylon, Malabar, &c. Caffia, Cocoas
Coriander, Coffee, Myrabolans, Chebula, Bellerica, and Citrina, Nutmegs, Nux
Vomica, Cardamoms, Ben, Tamarinds, Coloquintida, Pepper, Mace, Flax of
all sorts, Cenna, Spikenard, Baſtard Saffron, Cotton in Wool and Thread, Her-
4
modactyls,

OF THE LE VAN T.
763
modactyls, yellow Wax, Ginger, Rhubarb, Elephants Teeth, Wool waſhed,
and unwaſhed, Oſtridge and Heron's Feathers of different Sorts, Mummy, Sal
Ammoniac, Nitre, Roche Allum, Sea Lizards, Botargue, Mother of Pearl, blue
Linens of ſeveral Species from ſeveral Places, painted Linens, Mogrebines, Muf-
lins, and Cambreſines; Egypt alſo produces ſome Stuffs, and other Commodities
of various Materials, as of Wool alone, Wool and Silk mixed, &c. Ribbons,
Handkerchiefs, Carpets, and Muſk; there are likewiſe exported from Cairo and
Alexandria, a Quantity of Buffaloes, Ox, and Cow Hides in the Hair, red and
yellow Cordouans, Shagreen Skins, &c.
Egypt does not want the neceſſary Materials for making good Glaſs, but ſhe
ſends them to Venice, from whence they return manufactured, though in ſmall
Parcels, as the Turks never drink out of Veſſels of this Commodity. There are
ſtill made in Egypt a large Quantity of Linens differing in Quality, and Stuffs
with Silk and Cotton, Silk and Gold, and even Velvets, though but very few of
them are perfectly good.
The Merchandize which Europe ſends to Egypt are, Agarick, white and yellow
Arfenick, black Lead, Orpiment, Antimony, Sublimate, Quickſilver, Vitriol, Ver-
milion, Cinnabar, Lattin and Braſs Wire, Tin, Venetian Steel, Lead, Paper, Sattins,
from Florence; Cloths of all Sorts, Caps, Cochineal, Coral from Meſſina wrought
and unwrought, red Tartar, Roche Allum, Dying Woods, and Hardware, beſides
which a vaſt Quantity of Glaſs Beads from Venice of all Colours, are ſold at Cairo,
and afterwards tranſported to India and all Africa, where the Women deck them-
ſelves with theſe Toys, as the European Ladies do with Diamonds and Pearls.
There is alſo carried on at Roſetta, a very conſiderable Trade from Conſtantinople
and Satalia, in white Slaves, brought from thoſe two Cities, and in black ones,
remitted there in Return from Egypt: All the Eunuchs in the Grand Signor's
Seraglio, and in private ones, as well as almoſt all the other Negroes, that are in
Turkey, both Men and Women, come from Egypt, where an Infinity of white
young Perſons of both Sexes are brought in Exchange for them; the white Slaves
are very dear, when they are well made, being worth at leaſt from 40 to 45l.
Sterling, and ſome Girls have been fold for more than ten Times as much. The
greateſt Part of the Trade at Cairo is tranfacted by the Jews and Arabians, who
are here in great Numbers, and who, with ſome Turk Merchants, carry on that
of the Red Sea, from whence they draw the Majority of the afore-mentioned Mer-
chandizes; and it is alſo the Arabian Brokers who interfere in almoſt all the Nea
gociations here.
This Commerce is carried on by Suez, à Town ſituated at the Bottom of the Red
Sea on the Egyptian Coaſt, about forty-five Leagues from Cairo, and ſeparated by
a Plain of firm Sand, very commodious for Čarriages. It is from this finall
Town (whoſe Port nevertheleſs is far from a good one) that the European Goods,
carried there by Caravans, are at firſt tranſported to Gedda, a League Diſtance from
Mecca, and afterwards to Mocha, a City in Arabia, at the Entrance of the Straits
of Babel-Mandel, where the Red Sea communicates with the Indian Ocean; and
it is alſo at Suez that all their Merchandize arrive, which the Turk Merchants of
Cairo import from the Eaſt-Indies, and of which the general Staple for Egypt is
at Mocha, where theſe Merchants have their Factors.
The Cominerce of the Red Sea is carried on by Means of the Grand Signor's
Ships, and of ſome particular Princes, which ships are without Decks, or Ar-
tillery, ſo that nothing would be more eaſy than their Capture ; a Bark, furniſhed
with only four Guns, might make an immenſe Booty in this Sea.
When they
are hindered by contrary Winds from arriving at Suez, they traverſe the Red Sea,
go to winter at Cofjci
, a ſmall Place, and not much frequented, five Days
Journey diſtant from Coptain, a City in the Thebaida; whilft theſe Veſfels are at
an Anchor, they ſend from the Upper Egypt to take their Loading, and carry
them Proviſions and Goods. The Road from Cojſci to the Nile is two Days Jour-
ney farther than that from Suez to Cairo; nevertheleſs the Expence is not much
more, becauſe the Camels Hire coſts leſs in the Upper than in the Lower Egypt,
and the remaining Carriage being by Water is performed for very little.
Beſides what Eaſtern Merchandize the Europeans export from Cairo and Alex-
andria, the Turkiſh Merchants alſo tranſport a very great Quantity to Conſtan-
tinople,
and

764
GENERAL COMMERCE OF THE WORLD.
the frightful Mountains which ſeparate them from Egypt, bring thoſe precious
ny, Muſk, Civet, Ambergris, Oſtrich Feathers, divers Gums, and an Infini-
Remiffes of two or three thouſand Blacks ſent here to be fold, from all which it
tinople, and to other cities of the Grand Signor's Territories, on their Saicks,
and in which they alſo load Rice, Flax, Sugar, and other Commodities of the
Egyptian Growth; and the Total of this Commerce does not import leſs than be-
tween 7 and 800,000l. Sterling per Annum, and employs about an hundred, or an
hundred and twenty Saicks in it.
The Trade of Egypt is alſo very great on the Part of Aſia, from whence Ca-
ravans laden with Riches are continually arriving at Cairo, and which are conveyed
by that Branch of the Nile, which falls into the Mediterranean near Damietta.
It is from Arabia and the Neighbourhood of Mecca, that the white Balm comes
to Cairo, ſo much valued by the Eaſtern Ladies, for preſerving their Complexi-
ons, though there is but very little of it unadulterated. Almoſt
Almoſt all the Soap that
is uſed in Egypt comes from Paleſtine, where it is made of a very good Quality,
though that of France is better; the Conſumption of this Commodity is very
great, becauſe the waſhing with Lyes is not practiſed here.
The different countries of Africa do not contribute leſs than the Reſt of the
World to enrich the Trade of Egypt; there is no Year paſſes in which fome Ca-
ravans do not arrive from Tunis, Algiers, Tripoli
, and even the remoteſt Provinces
of that Part of the Earth; ſo that there is ſeen a continual coming in of Merchan-
dize from all the Univerſe. Among theſe foreign Merchants who rendezvous at
Cairo from all the inhabited Places of Africa, there is above all two Sorts, who
ought not to be forgotten; of which the firſt are called Croys, living near the Iſle
of Pheaſants on the Ocean, who come to Fez and Morocco, and from thence to
Cairo, traverſing the immenſe Deſerts that lie in their way. This Caravan, which
is ſeven or eight Months on its Journey, touches alſo at Tripoli in Barbary, and
brings Gold-Duſt to Cairo; though they take care not to ſell it as ſuch, for in ſo
doing they imagine they commit a Sin, and therefore ſell it for Silver, with which
they buy Copper and Cutlery Ware, which they carry back with a certain Specie
of Shells, current in their Country for Money.
The ſecond Sorts of Merchants I juſt now mentioned are black like the firſt, and
are full as ſingular; they having a Method of carrying on Commerce fo particular,
that it is probable they are the only People in the World that practiſe it: In vain
may any one offer them double the Value of their Goods, if he does not join the
Elephant's Pizzle with it; that is to ſay, nothing but a good Drubbing will induce
them to drive a Bargain, and therefore the Brokers of the Country, accuſtomed to
the Manner and Expectations of this Gentry, do not fail to ſerve them according
to their own Faſhion, and always begin liberally to diſpenſe their Blows, that
they may terminate the Difference the ſooner ; after which Preliminary, theſe Ne-
groes are the moſt contented People in the World, and there is nothing that may
not be expected from their Good-Humour.
In fine, the Nile conveys to Egypt all that Ethiopia encloſes moſt ſerviceable and
precious ; though it is not the Ethiopians themſelves who carry on this Commerce,
as theſe People very ſeldom trade any Diſtance from their own Country; but they
ſell their Merchandize to the Natives of Nubia, called Barbarians, who traverſing
Effects there. Every Year a Caravan ſets out from Sannar for this Journey ;
though it is only compoſed of Merchants ragged and almoſt naked, who fre-
quently want all Sorts of Conveniencies in the toilfome dangerous Roads they have
to go; it is impoſſible to conceive what Riches they are Bearers of. From ſeve-
ral Parts of Africa there is brought to Egypt Gold-Duſt, Elephant's Teeth, Ebo-
in Specie or Goods.
It muſt naturally be concluded, that a Commerce fo conſiderable cannot but
bring immenfe Sums with it, and make Egypt one of the richeſt 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 theſe Productions
of Nature are leſs rare, or more common. The Flax, of which a prodigious Quan-
and,
tity
5
OF THE LE V A N T.
765
B
Cheeſe, Cotton, and Wheat.
tity of Linens are made, and from thence ſpread into all Parts of the World ;
the Cotton gathered in Abundance, and a great Share of it worked up; the
Wheat, Rice, Pulfe, Sugar, Coffee, Sherbet, Hides, Morocco Leather, all sorts of
Drugs and Spices; that Sort of Earth called Hanna, ſo much eſteemed, and of
which there is ſo great a Demand in all the Levant, where it ſerves both Men
and Women to paint their feet and Hands; all theſe draw immenſe Sums from
Europe, Aha, 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 Duſt; and from Conſtantinople and
Aħa there comes more than a Million of Dollars, for the Purchaſe of Rice,
Coffee, Linens, &c. It is true, that what the Baſhaw pays yearly to the Grand
Signor; what he ſends to the Miniſters of the Pori to obtain a Continuance in
his Poſt; what he and his Dependents carry off on his quitting the Government;
that which the Agas levy, whom the Sultans ſend from Time to Time into this
Country ;, what goes to Damaſcus, and all that which paſſes 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-
henſions of being ſtripped, had not the Madneſs to bury their Money, by which
Means it not only becomes uſeleſs to Trade, but is often abſolutely loſt, it is cer-
tain that few Kingdoms in the World would be richer than Egypt.
Of the Trade of the Archipelago.
Y the Word Archipelago is to be underſtood a Cluſter of ſmall Iſands, of
which there are many in different Seas; but that I am now going to treat of
is moſt neceſſary for the European Merchants to know, being as we may ſay at
their Doors.
This Archipelago (being the only one that I believe was known to the An-
cients) lies in the Egean Sea ; and the principal Idlands are, Argentiere, Milo, Si-
phanto, Serpbo, Antiparos, Paros, Naxia, Stenofa, Nicouria, Amorgos, Calogero,
Cheiro, Skinofa, Raclia, Nio, Sikino, Policandro, Santorin, Nanſio, Mycone, Deloso
Syra, Thermia, Zia, Macronik, Foura, Andros, Tinos, Scio
, Metelen, Tenedos
, Ni-
earia, Samos, Patmos, Fourni, and Skyros, which produce Oil and Olives, Wine,
Corn, a Sort of Lichen for dying Red, ſome ordinary, and ſome good Silk,
Cot-
ton, Figs, Maſts and Planks, Salt (at Milo) in vaſt Plenty and very cheap, Brim-
ſtone, great Quantities of Mill-Stones (at Milo) Flax, Cheeſe, Oxen, Sheep,
Mules, Emery, Laudanum, Wool, Goat's Hair, Marble, Cotton, Cloth, a ſmall
Quantity of Pitch, Vallonea, Honey, Wax, Scammony, ſeveral Sorts of Earth,
Capers, &c. which the Natives fell to the ſeveral Europeans, who go here to
purchaſe them.
Candia is a large Iſland, ſituated at the Entrance of the afore-mentioned Archi-
pelago, formerly known under the Name of Créte; it carries 'on a conſiderable
Trade, and all the Chriſtian Nations, who traffick to the Levant, have Conſuls
fettled here. The chief Towns of the Iſle are, Canea, Retimo, Candia, and Gira-
petra; the Neighbourhood of the principal Place, as well indeed as all the Reſt
of the Iſland, are covered with almoſt an infinite Number of Olive Trees, yielding
Very good Oil, which is the principal Product of it, and in ſuch Quantities, that
in a common Year are gathered at leaſt three hundred thouſand Meaſures, of eight
and a Half, and the Ocques of three Pounds two Ounces; here are like-
wile purchaſed, Wine, Gum Adraganthi Laudanum, Wool, Silk, Honey, Wax,
Salonica (the ancient Theſſalonica) is a Sea Port ſeated at the Bottom of the
Gulf, bearing the ſame Name, in the Archipelago. All the European Nations
trade here, but the greateſt Commerce is from Italy. This Place is very fertile
in Corn, and I have ſeen ſome very good Wheat from hence, though not quite
ſo clean as it ſhould be. The other Merchandize 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 Turkiffs
Valachia, unwaſhed Wool, and ſome coarſe Woolen Stuffs, for the clothing
of the Poor People and Soldiers.

Ocques
91
The
766
GENERAL COMMERCE OF THE WORLD.
The Goods carried there are Indigo, Cochineal, Ginger, Pepper, Cinnamon,
Mace, Nutmegs, Dying Woods, Sugar, Lead, Pewter, block and ſingle Tin,
Cloths from England, France, and Holland, Paper, Almonds, Verdigris, and
ſometimes Coffee from the Illes.
Of the Commerce with the coaſt of Barbary.
WH
HAT is called Barbary, is that vaſt Maritime Part of Africa, which ex-
tends for more than ſix hundred Leagues from Egypt to the Straits of
Gibraltar, and a little beyond them into the Atlantick Ocean. The principal
Kingdoms, or Republicks, which divide the Coaſts of Barbary, are Tripoly, Tunis,
Algiers, Morocco, and Fez; the Government of theſe two laſt is entirely mo-
narchial, and ſubject to the fame Prince; that of Tripoly is Republican, and thoſe
of Tunis and Algiers, a Mixture of both. All theſe states have a Number of
Ports in the Mediterranean ; and the Kingdoms of Morocco and Fez have alſo
ſome on the Ocean, which are equally ſerviceable for the Chriſtians Trade, and
for a Retreat to their own Cruizers.
The moſt conſiderable of theſe Ports, and where the greateſt Trade is tranſ-
acted, and Conſuls of different Nations reſide, are Tripoly and Gouletta (which
is that to Tunis) Algiers and Sallee, in which laſt the chiefeſt Trade of Fez
and Morocco is carried on, although a good deal is done at Tetuan, and ſome at
Arzilla, Alcaſar, Azamor, Saphia, and Santa Cruz. The Kingdom of Al-
giers has, beſides its Capital, Tremecen, Conſtantine, Bona, Bugia, Gigery, La
Calla, Cape Rofa, Collo, and that called the Baſtion of France, near the Gulf of
Storacourcouri.
And beſides the Gouletta, Tunis has Bizerta and Port Farina, though the Tri-
polines have only the Port of their City, «with ſome few Places on the Coaſt,
where none, or hardly any Trade is carried on.
The European Merchants have Warehouſes only in the principal Cities, and
rarely land in any others, on Account of the Impofitions commonly practiſed
there ; trading among theſe People (as the Saying is) Pike in Hand, being always
on their Guard, or otherwiſe they are ſurely abuſed or cheated.
I have already mentioned (in a former part of this Work) the Exports from Bar-
bary, as well as the Goods they take off, and have little to add thereto, except ſome-
thing concerning the Trade of Morocco, which differs in ſeveral Reſpects from
the others.
Sallee, as above obſerved, is the Port in the Kingdoms of Fez and Morocco,
of the greateſt 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 vaſt Inconvenience to the trading Veſſels, though it ſerves as a Reſource to
the Salletines when purſued by the Malteſe, or other Chriſtians, who are more in
Safety here than in any other Port of Barbary.
The European Merchandizes are unloaded immediately on their Arrival, into
the Chriſtian Merchants Warehouſes there, and afterwards ſold Wholeſale to
the Moors or Jews, who fend them to their Correſpondents at Morocco, Fez,
Mequinez, Tarudant and Illoe. The greateſt Part of the Merchandize imported
is conſumed in theſe five Cities, particularly at Mequinez, twelve Leagues from
Fez, and has the largeſt Magazines of Corn, Hides, and Wax, which are the chief
Commodities of the Growth of Morocco, and the States dependent on it. And
what Goods remain undiſpoſed of in the ſaid five Places are ſent to the Provinces
of Sara, Dras, and Touet, in the Kingdom of Tafilet, where the Arabians take
them in Truck for Gold Duſt, Indigo, Oftridge Feathers, Dates, and ſometimes
a few Elephants Teeth ; of which laſt, Gold, or the Feathers, none are produced
in the Territories ſubject to the King of Morocco, although the Chriſtians yearly
extract from them a great Quantity of that rich Duſt and Plumes.
The Gold
and Ivory is brought by the Arabian Troops, who go to procure them, as far as
the Kingdom 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
Moors and Arabians kill them in great Numbers, and ſometimes take them alive,



4
and
OF AFRICA, &C.
767
mports and
and bring them to Morocco, which has led many Authors and Geographers into
the Error of ſuppoſing them Natives of this Empire.
The Benizequers, a People of Africa in the Province of Habat in the Kingdom
of Fez, have ainong them a Number of Weavers and Curriers, who carry on a
great Trade in Linen and Hides ; and the other Commodities in which they deal
are, Honey, Wax, and Cattle.
Santa Cruz, in the Kingdom of Morocco, on the Confines of that of Sus, near
to Mount Atlas, is a ſmall Town, though it at preſent carries on a pretty good
Trade, more eſpecially to Marſeilles, where Imports and Exports are ſuch as are
before-mentioned.
Algiers, Mr. Savary ſays, contains above three thouſand foreign Families,
which Trade had drawn there, though he ſuppoſes it principally ariſes from the
Sale of the Prize Goods, continually bringing in by their Privateers. The
Country produces plenty of Corn, beſides the other Commodities peculiar to Bar-
bary, and their Imports conſiſt of Gold and Silver Stuffs, Damalks, Draperies,
Spices, Pewter, Iron, hammered Copper, Lead, Quickſilver, ſmall Cordage;
Bullets, Linens, Sail-Cloth, Cochineal, Tartar, Allum, Rice, Sugar, Soap, Galls
from Aleppo to Smyrna, Cotton in Wool, and Thread, Copperas, Aloès, Woods
for Dying, Cummin, Vermilion, Arſenic, Gum, Lack, Aniſeeds from Malta,
Brimſtone, Opium, Maſtick, Sarſaparilla, Incenſe Spike, Honey, Wool, Paper,
Glaſs, Beads alforted, &c. a ſmall Quantity of theſe Merchandize, however, ſell
here, although the Natives are always wanting them, as Duties muſt be ſatisfied,
Recoveries difficult, a Retreat of the Property uncertain, and Impoſition very
frequent. Thoſe, therefore, who need any of theſe Goods wait till the laſt Extre-
mity, in Hopes of ſome Prize being brought in.
Couca is a Imall Kingdom, ſubject to that of Algiers; its principal Trade con-
fifts in Corn, Olives, Oil, Figs, Raiſins, Honey, and Wax; here are alſo ſome
Iron, Allum, Sheep, and Goats for Exportation.
The Baſtion of France is a ſmall Fortification built at the Extremity of the
Kingdom of Algiers, on the Side where its Frontiers join with thoſe of Tunis.
The French, to whom it belongs, and from whom it received its Name, have
been in Poffeffion of it ever ſince 1561, when Soliman II. made them the Con-
ceffion, after a previous Agreement with the Divan of Algiers, and the petty
Princes of the Country, for which they pay 39,500 French Livres yearly.
La Caſja is the true Port to the Baſtion ; and beſides theſe, the French have
Cape Roſa, Bonna, and Collo in their Grant, from all which Places; they annually
Export about fifty thouſand Meaſures of Wheat, eleven or twelve thouſand of
Barley, five to fix thouſand of Beans, and ſome other Pulſe, above eighty thouſand
Skins, a little Suet, about five hundred Quintals of Wax, and much the ſame
Quantity of Wool. It is likewiſe here that the French have their Coral Fiſhery,
of which they take from five to fix hundred Quintals yearly; and all theſe Com-
modities are ſent to Marſeilles, except the Pulſe of Grain, which the Italian
Markets take off, and more eſpecially Genoa.
The Baſtion has been for ſome Years paſt united to the French African Com-
pany (or the Cape Negro Company) whoſe Exports from the Place of their De-
nomination, are like thoſe from the Baſtion, viz. Corn, Hides, Wool, and Wax,
of which in a good Year their Extracts are conſiderable.
Between theſe two Places of the Baſtion and Cape Negro (ſubject to Tunis)
is the Iſle of Tabarque, dependent on Sardinia, but has for a long Time apper-
tained to Meſſrs. Lommelini of Genoa, in Property, who pay a Sort of Tribute
to Algiers and Tunis, to preſerve the Inhabitants in the free Enjoyment of the
Coral Fiſhery, and do the ſame to the King of Sardinia, though their Iſland is
well fortified, and free from Inſults. It likewiſe carries on a tolerable good
Trade on its Coaſts in Corn, Hides, and Wax.
Of the Trade of Africa.
ΤΗ
HIS is one of the four Parts of the World, bounded by the Ocean, the
Mediterranean, and the Red Sea, which makes a Peninſula of it; and a great
Iſthmus, between Suez, at the Extremity of the Red Sea, and Damietta, on the
Mediterranean, joins it to Afa. This Situation gives it a vaſt Extent of Coaſt, on



which

768
GENERAL COMMERCE OF THE WORLD.
Ardres :
It is from this Kingdoin, and that of Angola, that the beſt part of the Ne-
the Number they want. The Portugueſe are in a Manner Maſters of theſe two
Kingdoms, where they !
Authority does not extend to hinder the Engliſh, French, Dutch, &c. from cars
which only the Europeans have any Traffick; the Inland of their Continent being
very little known, either from the Nature of the Country, the inſupportable
Heats that generally reign here, or on Account of the Inhabitants Ferocity, of
which the major part are Savages.
And as a Connexion of Matters, which could not conveniently be feparated in
treating of the Mediterranean Trade, led me to deſcribe that of Cairo, Alexan-
dria, Roſetta, and all the coaſt of Barbery, that make a conſiderable Part of
Africa, I ſhall have no Occaſion to repeat any Thing concerning them here, but
under this new Title proceed to give a general Idea of all the Places, where any
Commerce is tranſacted on the other Coaſts of Africa, and of the Eſtabliſhment
that the different Nations of Europe have there.
In Regard to the Trade of the Red Sea, as it in ſome Sort appertains more to
Afia than Africa, I fall omit ſpeaking of it till I come to treat of the Afatic
Commerce, and at preſent confine myſelf to the African only.
Very little or no Trade has been carried on, nor any of the Europeans had
any Settlement on the faid Coaſt, from the Kingdoms of Morocco and Sus to the
Neighbourhood of Cape Verd; near which Cape, and in the Space between the
River of Senegal, (which is one of the Branches of the Niger) and that of Sierra
Liona, the French and Portugueſe have ſome Factories; as the Engliſh and Dutch
formerly had, but the one abandoned them, and the others yielded them to
France. Since writing the above, the Engliſh have driven the French from all
their Settlements on the Coaſt of Africa.
The Coaſt of Sierra Liona is viſited by Ships of all the four Nations, though
ſolely the Engliſh and Portugueſe have any Eſtabliſhment here; and it is the firſt
only who reſide near Cape Miſerado between the Coaſts of Sierra Liona, and thofe
of Malagueta, where they have about ten or twelve Houſes in all.
The Frencb carry on ſome Trade on the coaſt of Malagueta (otherwiſe named
Greves) though without any Reſidence, and on the Ivory Coaſt (which joins to
this laſt mentioned) all the Nations of Europe, that are engaged in the African
Trade, tranfact a great deal here in Elephants Teeth ; though ſome of them,
having no Settlements, are obliged to negociate with the greateſt Caution, very
rarely putting Foot aſhore for fear of the Natives, who are Cannibals, fierce,
and untameable.
The Gold Coaſt, which is the next, is the moſt frequented of any in Africa
by the Europeans; and to preſerve the Trade of the rich Metal, from which it is
denominated, there is hardly any of them who have not Habitations here, and
ſome of them poſſeſs even Towns and conſiderable Fortifications. *sode
is a ſmall maritime Kingdom joining to the Gold Coaſt, though it
affords very little for Trade but Slaves : And Benin follows, making a Part of the
Coaſt of the Gulf of St. Thomas. The Iſle of the fame Name under the Line has
belonged to the Portugueſe ever ſince they drove the Dutch out, who had before
taken it from them, whilt united with the Crown of Spain. The former alfo
have ſome Settlements at ſeveral Places in the Gulf, and particularly
which are in the Neighbourhood of the Kingdom of Congo.
groes tranſported to America are extracted, and where each Nation
rying on the Slave Trade with Eaſe and Advantage.
The Cafraria, or Country of the Cafres, begins almoſt where the Coaft of
Angola ends, and continues to the Rio de Spirito Santo, where that of sofait.
commences. The Europeans have no Traffick in all this valt Extent of Coaft,
though it is the moſt celebrated of all the African ones, on Account of the Cape
of Good Hope, which is ſituated about the Middle of it.
The Dutch have a Settlement at the Cape, though not ſo conſiderable for any
ferving for a Rendezvous and Place of the fretament to their
Indian Fleets both
going and coming.
si sono
at thoſe
es to leek
After
intos
OF AFRICA, &C.
769
Leagues from its Mouth.
After the Cafrean Coaſt, comes that (as I obſerved before) of Sofala, where
none but the Portugueſe are ſettled, as they alſo are at Mozambique, which joins
next, and which has before it the great Iſle of Madagaſcar.
In fine, it is alſo the Portugueſe alone who carry on the whole Trade of Me-
linda, though it is the laſt Place they engroſs to Cape Guaydafur, which being
doubled gives an Entrance into the Red Sea. The Coaſt of Ajan (or Deſert Coaſt)
which extends from the Kingdom of Melinda to the ſaid Cape, produces nothing
fit for Trade, having beſides hardly any Inhabitants to carry it on.
I have not mentioned any of the Iſles of the African Coaſts, except thoſe of
St. Thomas and Madagaſcar ; but in the ſubſequent Part of the Work, none Thall
be neglected that contributes any Thing to Trade; and at preſent I fall enter
into a Detail of that wherein the Europeans are concerned on all the ſaid Coaſts,
beginning it at Cape Verd.
Of the Trade of the African Coaſt from Cape Verd to Cape Sierra Liona.
APE
CAPE
Verd, ſo named from the Ever-green Trees that cover it, is ſituated
between the Rivers of Senegal and Gambia, which are two of the chief
Mouths of the Niger, a River ſimilar to the Nile, with which (as one may fay)
it divides all Africa; this traverſing the one Half, before it falls into the Ocean,
as the Nile does the other Half in its Progreſs to the Mediterranean.
The Trade practiſed in going up theſe two Rivers, either on the Coaſts of
Senegal, or on thoſe which extend from Gambia to the Cape of Sierra Liona,
conſiſts in Gold Duſt, Ivory, Wax, Hides, Gums, Oftridge and Heron's Fea-
thers, Mulk, Rice, Millet, Indigo, Cotton Coverings for Negroes, and theſe
Slaves themſelves.
The Portugueſe have had great Settlements on all theſe Coaſts, but at preſent
their Habitations are ſomething more inland, eſpecially going up the River of
St Domingo (which is about thirty Leagues from that of Gambia) where their
Reſidence is at Cacheo, the Place where the African Company of Liſbon have
their Magazines, for depoſiting the European Merchandizes, and thoſe they col-
lect of the Country's Produce, brought down the ſaid River (which is navigable
for above two hundred Leagues) being annually above 100,000 lb. of Wax, 50,000
of Ivory, and from 800 to 1000 Negroes, which they ſend to the Iſlands of St.
fames and the Brazils, beſides thoſe they ſend to the Engliſh and Dutch, who
come here yearly to ſeek them.
The Portugueſe here carry on their Commerce in Barks of about forty Tons
Burthen, with which they trade up the Rivers Cazuma, Pongues, Nonnes, and
even to that of Sierra Liona; the firſt furniſhing them with their greateſt Quan-
tity of Wax; Pongues and Nonnes with Indigo ; and Sierra Liona with Fruit,
which they call Coſe, with which they drive a great Trade ; and from all theſe
Places they alſo get a Quantity of Ivory and Slaves, which they truck againſt the
afore-mentioned Negroes Clothing, Brandy, Iron, Pewter, &c.
The Engliſh had formerly many Habitations, and ſome Forts on the River
Gambia : That called St. James, belonging to the South-Sea Company, ſituated
a little higher than its Mouth, was taken and deſtroyed by the French in 1695.
The River Gambia has two Openings, the one to the North and the other
to the South; in which latter (being moſt uſed) Ships of three or four hundred
may enter, but cannot go up it above ſix or ſeven Leagues; though Veſſels
of a hundred and fifty Tons may go up as many Leagues to Majugard; and the
Englih, with lighter Barks, have often proceeded yet a hundred and fifty Leagues
higher, from whence they have brought back a Quantity of Slaves, Gold, and
Ivory, in Time of Peace, to Majugard, where they had a Magazine, and their
Fort with their principal Habitation was in an Iſle of the River about ſeven
Cantory is a Kingdom of Africa, in Negro Land, on whoſe Coaſts the French
a tolerable good Trade, and a Fort for its Security and Protection. The
principal Traffick is in Skins and Hides, for which Duties are paid at Beyhouta.
Calbaria, a Province in Africa, where the Dutch have a conſiderable Trade,
chiefly carried on at the Town of that Name, their Fort being there, and their
Traffick


Tons
have a
9 K

GENERAL COMMERCE OF THE WORLD.
of Leyden, Iriſ Mantles, Morocco Leather Shoes, Hats, brown Fuſtians, coarſe
white Thread, Glaſs Bottles with Pewter Stoppers, and all Sorts of Needles,
770
Traffick in Slaves a good one, though the greateſt Part of the Natives on this
Coaſt are Man-Eaters. The Exchange for Slaves is unpoliſhed Copper, or ſmall
Bars of hammered Braſs, each weighing a Pound and a Quarter, and about two
Feet and a Half long, of which fourteen or fifteen are commonly given for Slaves
of both Sexes, and different Ages, one with another; of theſe the Natives make
a Sort of Lattin Wire, which they employ in Collars and Bracelets to adorn them-
ſelves; and in Caſe any of theſe latter are carried ready made from Europe, they
uſe them there as Money.
S E N E G A L.
THI
HE French Company of Senegal, united to that of the Weſt in 1718, and
after the Year 1719 ſwallowed up in the great India one, have two prin-
cipal Eſtabliſhments on this Coaſt; the one at the Iſle of Goree, and the other
in the Idle of St. Lewis, at the Mouth of Senegal River. The Dutch were the
firſt who occupied the Iſland of Goree, and built there the Forts of St. Francis
and St. Michael, though under their firſt Maſters they had other Names. The
French ſeized it in 1678; in 1692 the Engliſh took it from theſe laſt, who the
fucceeding Year again repoffeffed it; and the Senegal Company have occupied it
ever ſince, and from hence carried on a Part of their Trade, of which, however,
the greateſt Share always continues to be tranſacted on the coaſt of St. Lewis
Ille, and that of the River Senegal. Theſe Places were taken by the Engliſh in
1758; and by the Xth Article of the Peace of Verſailles in 1763, the Illand of
Goree was reſtored to France, the Trade of the River Senegal, with the Forts and
Factories of St. Lewis, Podor, Galam, were ceded to the King of Great-Britain :
And by 4 Geo. III. C. 20. the Fort of Senegal, and its Dependencies were veſted
in the African Company.
All that the French Company negociated, in the whole of theſe Settlements
(Senegal included) might amount in a common Year to fix thouſand Bull and Ox
Hides, forty or fifty Quintals of yellow Wax, ſeven or eight thouſand Pounds of
Elephants Teeth, two thouſand Cotton Negro Veſtments, twenty-five or thirty
Marcs of Gold, and fifteen thouſand Slaves. It alſo obtained fome Oftridge and
Herons Feathers, Ambergris, Civet, a Quantity of coarſe Cotton Cloth, blue
and white ſtriped, which were reſold on the Gold Coaſt. The chief Traffick of
Gum is with the Moors, who bring it on Horſes to a Place called Terrier Rouge,
at fifty Leagues from the Coaſt, going by the River of Senegal; of which the
Sales begin in the Month of April, and laſt about fix Weeks.
Higher up on the Coaſt is found the Kingdom of the Jaloſes, and that of the
Ceratique ; and it is to this laſt that the Cuſtoms are paid for the Liberty to
Navigate and trade in the River of Senegal.
The Engliſh and Dutch have very confiderable Dealings with theſe Jaloſes, and
the Places of their principal Tranſactions are Camino, Jamefil, and Geroep. The
Months of March and April, with thoſe of November and December, are the
moſt convenient ones for this Commerce.
The Merchandizes proper for Senegal and Gambia are in Part the ſame, and
Part different. Thoſe for the River of Gambia, particularly for the Jaloſes,
which the Dutch commonly load their Veſſels 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, coarſe narrow blue
Serges, four threaded Cloths, red, yellow and blue Ratines, red, yellow and white
combed Wool, white, blue, red, and yellow, Glaſs Beads of various Sorts, rough
Coral, Sabres, Copper Trumpets
, red Caps, round Padlocks, Rock Cryſtal, Sailors
Knives, coarſe Shirts, and fine ones with Lace at the Bofoms and Wriſts, Suits
of Clothes froin Harlem, Silefia Linens, and others both of Hemp and Flax, fine
Cotton Linen, fine and common Paper, Earthen Pots white and blue, Blankets
aforeſaid Goods; and beſides them of black cotton Linens, calendered Linens of
with
Rouen,
I
OF AFRICA, & co
Rouen, Kettles from four to ten Pounds Weight; ſome few Trinkets of Silver,
yellow Amber, Pewter, little Looking-Glafles with painted Frames, fome Coin
large red Coral, Taffeties, Crimſon, cherry Colour, yellow, and blue, though but
few of them, a few Cloves, Sambouc Wood, and the Iris of Florence, for Preſents
to the Negro Kings, as alſo a few Ells of Scarlet Cloth for the fame Purpoſe.
Arms, Tuch as Muſquets, Muſquetoons, Fowling-Pieces, Piſtols, double bar-
relled Guns, Gunpowder, leaden Balls, Shot, and Flints, are equally proper for
Gambia and Senegal; but one of the beſt Merchandizes, and of which the Sales
are the moſt conſiderable, are the Maldivean Shells, called Cauris in India, and
Bouges on the coaſt of Africa.
All theſe Merchandize, and ſome others which will be hereafter mentioned,
are equally proper for the Trade of all the other African Coaſts, excepting the
above-mentioned Shells, which are only current from Cape Blanco, to and includ.
ing Juda (or Xavies) on this Side the River Ardres. But Angola, where the greateſt
Purchaſe of Negroes for America is made, does not admit theſe Shells in Trade.
It is true, that the Inhabitants of Congo, do alſo make Uſe of Shells, by thein cala
led Zimbi, or Zinibi; but theſe are carried them only by the Portugueſe, who are
in a manner Maſters of all this great Kingdom.
The Commerce of the African Coaſts, from the Gape of Sierra Liona, to the River
of Ardres.
T is from the River of Sierra Liona, that the Coaſts of Malaguete (or Mala-
guette) begins, ſo called from a Sort of Pepper, that makes the principal Trade
of the Blacks of this part of Africa; the Engliſh and Portugueſe ſhare this Traf-
fick; the firſt having a Factory conveniently eſtabliſhed in one of the Iſlands, and
the other within Land:
The Merchandize this Country affords them, are Rice, Elephants Teeth (the
beft on all the Coaſts) Civet, and a little Ambergris. The Capes of Monte, and
Miſerado, would likewiſe be good Places for the Ivory Trade, could the Inhabi-
tants be made tractable, as the River Yonco (or del Punto) would, did not the Sea
break in fuch a Manner, as to render anchoring there very dangerous.
The Ivory Coaſt joins to the preceding, and produces only thoſe Teeth and
a little Gold for Trade. Iron Rings and ſmall Bells are what moſt pleafes theſe
Barbarians from Europe; and the Places of the greateſt Trade on this Coaſt, are
the Grand Drouin, ſituated in an Ifle formed by a fmall River ; Growa, Tabou,
Little Tabou, Tao, Rio Freſco, St. Andrew, Giron, Little Drouin, Bortrou, Cape
la Hou, James la Hou, Wallochk, and Gammo.
The Gold Coaſt begins at the River Sueiro da Caftos, and is about a hundred
and thirty Leagues long Eaſt and Weſt. This Coaſt is above all others of Africk
the moſt frequented by the Europeans, and where the Engliſh, Dutch, and Danes
have confiderable Settlements: The great Quantities of Gold found, and fold
on this Coaſt, have given it its Name, and its chief Market Places are, Atchim or
Axime, Acera, called alſo Tafon, Acanni, Acherva, and Fetu. That of Axime is
the beſt, and of the Standard of twenty-two or twenty-three Carats.
Abaſſon is the firſt Kingdom on this Coaft weſtward, which extends only about
ſix or ſeven Leagues along Shore, though its Bigneſs within Land is unknown.
On failing Eaſtward, the Villages and little States of Albiani and Tabo are met
with; the firſt fix Leagues from Ifini, and the other ten. The Ships that trade
along the Coaſt come to an Anchor before theſe 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,
Enquiry is made from them, whether any Ships have been lately on the
Coaſt, and what Goods they have got to difpofe of.
The Kingdom of Guiomere is the neareſt to Cape Apollonia, and though its
Sea Coaft be very contracted, it is pretty conſiderable within Land, and drives a
great Trade, either from Gold Mines it has itſelf, or with what it collects by its
Commerce, with thoſe that poſſeſs them, as this Metal is very common here;
and the Traffick in Ivory and Slaves is not a little. At eight Leagues to the East
of Cape St. Appellina, is the Village which the Negroes call Axem, the French




1
very
and an
Axime,

472
GENERAL COMMERCE OF THE WORLD.
this Place from the Dutch, it was ftipulated that the Danes ſhould have a fortified
Reſt of the Kingdom is very fertile and abundant, the Lands are well cultivated,
The Kingdom of Fantin is extremely rich, populous, and potent; the greateſt
a Fort here taken and retaken by the Dutch, with whom at laſt it remained, and
Axime, and the Dutch Atchim, of which theſe laſt have been for above a hundred
Years Maſters.
After Axime, is Cape des Trois Pointes, called ſo from three Mountains which
compoſe it. The Subjects of the King of Pruſa were ſettled here, and had
a Fort, which they had obtained in 1720, and delivered up to the Negro King,
Maſter of the Country, who acquainted the French therewith, and ſollicited their
coming to ſettle there, with Offers of an excluſive Trade; but they neglecting to
improve the Opportunity, the Dutch took it in 1725, and continue to enjoy it,
and is one of the moſt confiderable Places on the Coaſt; the Anchorage is good,
the Landing eaſy, without any Bar; and the Country is healthy, abundant, fertile,
and well cultivated. Beſides the Gold Trade, which is very conſiderable, here is
a great deal of Ivory, and many Slaves. The Dutch have another Fort called Bo-
trou; about two Leagues to the Eaſtward of the Cape ; and another at ſix Leagues
to the Eaſt of Botrou, named Witfen, pretty near to Tacoravi.
Sama or Chama, is one of the chiefeſt Places on the Gold Coaſt, being near
four Leagues Eaſt of Tacoravi; it contains about two hundred Houſes, and the
Portugueſe had here formerly a Factory, and a Redoubt; but the Dutch ſeized
both the one and the other, and carry on a conſiderable Trade here, it being the
Rendezvous of all the neighbouring Negroes.
The Kingdom of Gnafto, or Commendo, being four Leagues to the Eaſt of Sama,
this with Feſu (or Fetu) and Sabou, made formerly but one Kingdom, and was
then powerful and rich, but, ſince its Diviſion, is greatly diminiſhed. The Ne-
groes call it Commendo Ajata, and the Portugueſe, Aldea de Torres, though it is yet
known under the Name of Little Commendo, to diſtinguith it from Gnaffo, which
is further in Land, and denominated Great Commendo. All this Country
tremely fertile, and abounding in every Thing neceſſary for Life. At Little
Commendo, is a celebrated Market kept daily, the beſt furniſhed of any one in
Guinea, and it may be in all Africk.
Although the Gold Trade is not ſo conſiderable here, as at the Places before-
mentioned, and at the Mine, &c. which I ſhall hereafter ſpeak of; yet the French
have notwithſtanding made a Settlement that is of infinite Service to them, for
furniſhing their Ships with Refreſhments in their Voyages to the Eaſt, and in
their Return to France.
The Caſtle of the Mine, known by the Name of St. George de la Mina, is the
principal Factory, and the beſt Fortreſs which the Dutch have on the Gold Coaſt,
being the Reſidence of their Director, 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 Commendo, Fetu,
and Cape Corfe, for their Proviſions; which laſt Place lies about three or four
Leagues from the Mine, and has for ſome Years paſt been the chief Settlement of
the Engliſh in theſe Parts; it is the Reſidence of the Director General of the Lone
don Company, who has the Authority over all the Settlements which this Nation
has in Guinea; and the Fortifications are here ſo ſtrong, as to have reſiſted the
Dutch Fleet, under the Command of Admiral Ruyter. The Village occupied by
the Negroes is the moſt conſiderable of the Kingdom of Fetu; it is compoſed
more than two hundred Houſes, and has a diurnal Market, where every Thing
may be had for Money that a Perſon can with for.
By the Agreement which the Engliſh and Danes made on their joint Capture of
Settlement here, called by them Fridericſbourg, which is to the North-Eaſt of the
Village, and is commanded by the principal Commiffary of the Daniſh Company,
which carries on a conſiderable Trade here.
Although the Fort and Village of Cape Corſe are in part dry and arid, the
and the Natives (who are numerous) are very laborious.
The Village of Moure is a little
League from Fridericſbourg, where the Dutch
have a Fort with the Name of Naſau.
is
ex
of
So where the
they
4
O É A É RICA, Éch
573
they have here a good-Trade, as they have at Adia and Jamolia, which they have
fortified.
The Country is rich in Gold; the Inhabitants laborious, Lovers of
Trade, of which they have learned the Secret and Oeconomy from the Dutch.
Ackram or Acron, a Town in Africk on the Guinea Coaſt, is not far from Bregü
or Berkü, and whoſe principal Traffick conſiſts in Gold Duft, which the inhabi-
tants give in Exchange for red Cloth, Pots, Kettles, Baſons, and other Copper
Kitchen Utenſils.
Aguvanna, another African Kingdom on the Gold Coaſt, carries on much the
fame Traffick as the preceding, with the Addition of ſome few Slaves.
A
Of Acara, Lampi, Juda, and Ardres or Ardra.
CÁRA is a large Kingdom, ſeated at the Extremity of the Gold Coaſt, :
where the Engliſh, Dutch, and Danes, have each a conſiderable Fort, whích
renders them Maſters both of the Gold and Negro Trade, and therefore obliges
the French to deal with Lampi, Juda, and Ardres, even when at War with theſe
Nations; the latter of which borders on the Kingdom of Boneri. Before that
Moure and Cormanteri had attracted the greateſt Part of the Buſineſs tranſacted on
the Gold Coaſt, the Village of little Acara, ſituated at the End of it, was the Place
where moſt of the European Merchandizes found Diſpatch; this Village only fur-
niſhed a third of all the Gold that the Europeans traded for on this Coaſt, and the
Negro Trade is ſtill pretty good here, as between three and four hundred may
annually be purchaſed on reaſonable Terms
The Commerce of Lampi and Juda (a ſmall Kingdom between Acara and
Ardra) is not inconſiderable, eſpecially for the Purchaſe of Negroes. In the Years
1706 and 1707, the French Aſiento Company bought here two hundred and fifty
each Voyage, in Truck for European Goods from forty-five to fifty French Livres
per Head, though in the Kingdom of Ardres, from whence near three thouſand
Slaves may be annually extracted, they coſt about eighty ditto, and theſe with
are the only Articles of Commerce in this Kingdom for Exports; the
Goods eſteemed moſt here for Truck, are the biggeſt Glaſs Beads ; large Cryſtal
Pendants ; large gilt Cutlaffes; coloured Taffeties; filk Stuffs ſtriped and ſpot-
fine Linen; Laces; fine Handkerchiefs; with Buttons; Iron Bars; a fine
thin woolen Stuff called Bouge; Copper, cylindrical, and pyramidical Bells;
long Coral ; Copper Baſons of various Sizes; Muſkets; Brandy; large Umbrel-
las; gilt Looking-Glaſſes ; China Taffeties, and other Silks from that Part;
Gold and Silver Duft; Engliſh and Dutch Crowns.

Proviſions,
ted;
T
Of the Trade on the coaſt of the Kingdom of Benin.
HE Europeans trade but little in this Kingdom, although it has two hundred
and fifty Leagues of Coaſt, and the Inhabitants are leſs favage than the Negroes
of Guinea and other parts of Africa. The Merchandize found here are Cotton
Habits ſtriped according to their Faſhion (afterwards ſold on the Gold Coaſt) and
others blue, proper for the Trade of the River Gabou, and on that of Angola ;
Jaſper Stones; female Slaves (for they will ſell no Men;) Leopard Skins ; Pepper
and Acori, which is a Species of blue Coral that grows under Water, in the Form
and Manner that other Corals do. In Exchange of theſe Commodities are given
Gold and Silver Stuffs; Red and Scarlet Cloths; Red Velvets; Violet coloured
Ferrets; Harleim Aowered Stuffs, well coloured; Red Glaſs Ear-Rings; Looking
Glafies with gilt Frames; Glaſs Beads; Bouges ; fine Coral; Earthen Drinking-
Pots ſtriped with Red; all Sorts of Cotton Thread, and Linen; Oranges; Le-
mons, and other green Fruits candied; Braſs Bracelets weighing five Ounces and
an Half; Lavender; and Iron Bars.
The Dutch are almoſt the only Traders with theſe People, as it is they alone
among all the Europeans who have a Warehouſe here, which by the King's Per-
miſſion is eſtabliſhed at Golou, a large Village on the River of Benin; and this
Commerce they enjoy ſo uninterruptedly, as the Country produces neither Gold,
Ivory, Hides, Ġum, Wax, nor Slaves, as above-mentioned, though the Natives are
9 L
much


774
GENERAL COMMERCE OF THE WORLD.
conſiderable, that the Engliſh, French, Dutch, and Portugueſe, exported above
, the
all bring their Maſters in from four to five hundred Reis per Day, Gain, which
it ſome Mines of Iron and Copper, though of theſe no great Quantity is extracted.
St. Salvador is properly the Rendezvous of all the Portugueſe Merchants; where
they bring Gold and Silver Stuffs, Velvets, Engliſh Cloth, Gold Lace, black Ra-
Coral, Fire-Arms, and Shells called here Zimbi, or Zinibis (as before obſerved)
much more civilized, honeſt, and (if the Expreſſion may be allowed) polite than
any of their Neighbours.
Captain Snelgrave, in his Treatiſe of Guinea, publiſhed in 1734, ſays, that the
River Congo, in the fixth Degree of ſouthern Latitude, is the moſt diſtant Part
that the Engliſh trade to, whole Commerce here is ſo greatly augmented ſince the
Peace of Utrecht, that inſtead of thirty-three Ships under thoſe Colours that in
1712 were on the Coaſt of Guinea; it was demonſtrated to the Commiſſioners of
Trade, that in 1725 there were above two hundred Sail, to the great Advantage
of Navigation and our American Colonies.
Our Author recounts the Ruin of the Kingdom of Whidaw (Fida, or Juda)
of which Sabee is the Capital, ſituated about feven Miles from the Sea;
and here
the King had granted to the Europeans commodious Houſes for their Factories,
protecting both their Goods and Perſons. The Port was open and free to all
European Nations; who came here to purchaſe Slaves ; and this Trade was
twenty thouſand yearly from this Kingdom and its Neighbourhood; but the Li-
berties which the Natives enjoyed of having many Women, and their abandoning
themſelves to Luxury and Pleaſure, ſo effeminated them, that although they could
bring above an hundred thouſand Men into the Field, their Cowardice was ſo
great, as to ſuffer two hundred Enemies to drive them from their Capital, and
to ſee uninterruptedly their whole Country deſtroyed by a Nation, which they
had formerly defpifed.
Of CONGO.
ΤΗ
HE Portugueſe, who diſcovered this Kingdom in 1484, and ſettled here in 1491,
are the only Europeans that trade here; all other Nations only ſtopping for Re-
freſhments, which they purchaſe of the Blacks, in Exchange for ſmall Looking-
Reſidence of the Vice-Roy, and, as may be ſaid, the Capital of what the Whites
poſſeſs in this Kingdom; the Port is very large, and the Anchorage ſecure, and
this is the place where all the Ships arrive and fail from, either for Europe or the
Brazils.
The Slave Trade is the moſt important one that the Portugueſe have at Congo,
and the Number which they ſend yearly to the Support of their American Colonies,
is ſurprizingly great; but what renders this Buſineſs ſtill more advantageous and
conſiderable, is the ſhort Cut from hence to the Brazils, compared with what all
other Nations have to run, when carrying theſe unhappy Wretches to their Plan-
tations; as the Portugueſe ſeldom exceed a Month or five Weeks in their Paſſage,
and conſequently in this ſhort Time are not expoſed to ſuch a Loſs by Mortality
among their Slaves, as others are, who have a much longer Voyage to make, which
frequently occaſions Diſtempers that ſometimes carry off the greateſt Part of them.
It is difficult to aſcertain the Number of Slaves, which the Portugueſe reſiding
at Loanda, Colombo, St. Salvador, and all other Places in this Part of Africk, have
in Property. Thoſe who are leaſt rich, having fifty, an hundred, or two hundred
belonging to them, and many of the moſt confiderable poſſeſs at leaſt three thou,
ſand; a religious Society at Loanda, having of their own twelve thouſand of all
Nations, which being Blackſmiths, Joiners, Turners, Stone-Cutters, &c. do almoſt
they procure by working for the Publick.
Beides the Blacks, Congo produces Ivory, Wax, Honey, and Civet, and has in
tine, Imali Engliſh Carpets, Copper Bafons, blue Earthen Pitchers, Hats Rings;
current and good Diſpatch,



a
I
Of
OF AFRICA,
775
Brandy; Olive Oil; Sailors Knives; Spices; refined Sugar; great Hooks; Pins
Hottentots, in Revenge of their being at firſt not well received by them.
here, going and coming, only
tetit Of ANGOL A.
ANGOLA is of all the African Coaſts that which furniſhes the Europeans
with the beſt Negroes, and commonly in the greateſt Quantities, although it
ſcarcely extends twenty-five to thirty Leagues along the Sea-Shore; it is true, this
Kingdom widens conſiderably within Land, being at leaſt an hundred and fifty
Leagues in Length, and as much in Breadth, whoſe Capital is Loanda St. Paoló.
Although the Portugueſe are extremely powerful in the interior Part of the
Kingdom; and that the Majority of the Negroes in the Provinces they have ſub-
dued, may properly be termed the Vaffals of his moſt faithful Majeſty, to whom
they yearly pay a Tribute of Slaves, yet the Negro Trade, which is tranſacted
on the Coaſt, has always remained free to the other Nations of Europe; and the
Engliſh, French, and Dutch ſend yearly a great Number of Veffels, who carry off
many thouſands of theſe poor unhappy Creatures, for the Supply of their American
Settlements, or for Sale in thoſe of the Spaniards.
The Portugueſe are, however, thoſe which deal the moſt here; and it is afto-
niſhing that they have not before now depopulated the Country, there being hardly
any Year, that they do not ſhip off fifteen thouſand for Brazil. The Villages of
Cambambe, Embaco, and Mafingomó, are thoſe which furniſh moſt Slaves to the
Portugueſe Merchants concerned in this Traffick.
And the Merchandize with which they pay for them, are Cloth with great Liſts;
Crimſon Silk Stuffs ; Linens; Velvets; Gold and Silver Lace; back Serges;
Turkey Carpets; white and coloured Threads; ſewing Silk; Canary Wine;
three Inches long, and others of various Sizes; Needles, &c.
The Portugueſe have alſo a Settlement at Binguela, a ſmall Kingdom dependent
on that of Angola, where they carry on ſome Trade; but this place is unwhol-
fome, and fitter for the Abode of Criminals baniſhed by the Tribunal at Liſbon,
than for the Reſidence of Perſons exerciſing Trade., 120
Of Loango, Maliinbo, and Cabindo.
HE Negro Trade that is carried on in theſe three Places of the Angolian Coaſt,
is not one of the leaft. conſiderable, that the Engliſh and Dutch are
cerned in, on the Shores of this part of Africa, whether for the Number, Good-
neſs, or Strength of the Slaves, for which the Europeans prefer them to all others;
and the Inhabitants of the American Colonies always give for them a higher Price,
as more able to ſuſtain the Labour and Fatigues of the Culture and Manufacturing
Sugar, Tobacco, Indigo, and other painful Works, in which it is cuſtomary to
employ theſe miferable Perſons i este
The Merchandizelproper for theſe Parts is the ſame as has been already men,
tioned, ſo I ſhall only add a Remark made by the Judicious in this Commerce; that
as ſoon as the Buſinefs is concluded, and the Slaves aboard, not a Moment ſhould
be loſt in getting to Sea, for fear that the unhappy Captives ſhould grieve at the
Sight of their Country, from which they are to be for ever baniſhed,
Of the Trade of the African Coaſts from the Cape of Good Hope, to the Entrance
Vad faster of the Red Sea. iddian og
THE
HE Portugueſe diſcovered the Cape of Good Hope in 1493, but they remained
undetermined to ſettle here, either through a Want of Courage or Defect
or by a Reflexion on the Cruelty with which they treated the poor
It does
not appear that from that time the Europeans made any Deſcent there till 1600,
when the Ships of the Dutch Eaſt Company began to touch here, though they
did not at firit comprehend all the Advantage they might draw from an Eitabliſh-
ment in this Country, and therefore contented themſelves for ſome Years to anchor
theſe from any Infult till re-embarking, they built a ſmall Fort upon the Harbour,
whoſe



con-

of Prudence,

776
GENERAL COMMERCE OF THE WORLD.
to 225,000 Guilders. But as the Colony has always gone increaſing, and freſh
The ſecond Colony is that of Stellenboſch, ſo called from Steel, the Name of
a Governor (Sinion Vander Steel) under whom this Eſtabliſhment was made, and
vered with it, or over-run with Weeds, when the Dutch took Poffeffion; this
Boſch, which in Dutch ſignifies Wood, becauſe the Country was entirely co-
Colony is ſeparated from the firſt by Sands of a great Extent, and divided into
whoſe Ruins were diſcernible not long ago. But on the Company's Ships ſtopa
ping here as uſual, in 1650, one Mr. Van Reibeeck, then a Surgeon, ſoon per-
ceived, by the Situation and Goodneſs of the Country, of what Advantage the
Eſtabliſhment of a Factory here would be to the Company's Trade, and on his
Return to Holland, he communicated his Thoughts to the Directors, who fo far
approved of them, as to reſolve on attempting the Thing without Loſs of Time;
and accordingly they charged him with the Care of the Expedition, and gave
him four large Ships, with all Materials, Inſtruments, Workmen, &c. neceſſary
for the 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 that he ſhould judge would be conducive to the Eſtablifh-
ment of the intended Colony, on a ſecure and laſting Foundation. Van Reibeeck
had all the Succeſs that he could poflibly deſire in this Enterprize; as he knew
well how to ingratiate himfelf with the Hottentots, by the Preſents he made
them of ſome Hardware, he preſently concluded a Treaty with them, by which
they granted the Dutch full Liberty to ſettle in their Country, and to trade with
them as they ſhould think proper, on Payment of fifty Guilders, in the ſame
Sort of Merchandize as their Preſents were. This Treaty was immediately exe-
cuted with Punctuality by both Parties, and from that Time the Dutch India
Company have enjoyed an uninterrupted Settlement, and nothing is neglected to
render it as beneficial as poſſible.
When I ſay their Eſtabliſhment has been without Interruption, I mean from
the contracting Parties ; for as ſoon as the Dutch began to cultivate their new
purchaſed Lands, and to build Houſes and Forts, the Gunjermans (which are a
Nation at the Cape neareſt the Sea) oppoſed themſelves to this Eſtabliſhment, and
called in all the neighbouring Nations to their Afliſtance; but the Dutch defended
themfelves fo well, that their Enemies were obliged to demand Peace, which was
granted them on the following Conditions, viz. The firſt Agreement was not only
confirmed, but it was further ſtipulated, that all the Lands which the Natives
did not then actually occupy, fhall thence-forward belong to the Hollanders, with
this Clauſe only, that the Natives might ſettle wherever they pleaſed, provided
it was in Places that the Dutch left uncultivated. An Alliance offenſive and de-
fenſive was at the ſame Time concluded, which though not ſet down in writing
(the Hottentots not underſtanding the Uſe of Letters) has been hitherto religiouſly
obferved. By this Treaty the Dutch are in a Manner become the Maſters of all
this Country; and the Chiefs of the Nations frequently come to renew the Al-
liance with the Governor, and to bring him Preſents of Cattle, when they are
al-
ways well received, and their Gifts returned in Tobacco, Brandy, Coral, and
other Things they are known to be fond of. lo
Ehment
It has coſt the Company immenſe Sums to put this Eſtabliſhment on the Foot-
ing it at preſent is; Mr. Kolben computes the Expence of the firſt twenty Years
to have been at leaſt a Million of Guilders per Annum, and that during the Time
he was there, it was difficult to raiſe enough to defray Charges. The Revenues
confiſt in the Tithes of all the Lands which the Europeans poſſeſs at the Cape,
Ground Rents, Cuſtoms on all foreign Wines, and thoſe of their own Growth,
on Tobacco, Beer, Brandy, and other diſtilled Liquors, as well as on the Pro-
fits made by Trade, which the aforeſaid Mr. Kolben reckons annually amounts
neficia in Time.
The Territories which the Dutch poſſeſs are divided into four Diſtricts or Co-
lonies, of which the firſt is called the Cape, becauſe it is the
neareſt to the Sea,
and the City and Fort of Good Hope, are built there.
of Stellenboſch, and that called Hottentot Holland, not becauſe it reſembles the
Province
I

OF AFRICA, &c.
777
fuge
Province of Holland, which is much leſs, and very differently ſituated, but be-
cauſe it appeared to the firſt Settlers, to be the fitteſt for Cattle appertaining to
the India Company.
Drakenſtein is the Name of the third Colony, which begun by ſettling in
1675; a great Number of French Proteſtants having a little before fled for Re-
to Holland, the Company, by Recommendation of the States General, fent
many with their Families to this Country, with Orders to the Governor to give
them Lands, and all Neceſſaries for their Culture; it is theſe or their Deſcen-
dents, who at this Time compoſe the greateſt Part of the Inhabitants of Dra-
kenſtein; and although they have omitted nothing that might render this Settle-
ment flouriſhing, and herein have been aſſiſted by the Soil
, which in general is
very good, yet few have obtained a Sufficiency to make themſelves eaſy, but ge-
nerally ſpeaking are poor, living from Hand to Mouth, and in Huts like the Hot-
tentots. This ſeems ſurprizing, but our Author attributes it to the little Support
afforded them, as there was Room to have expected more.
The Country is mountainous and ſtony, yet nevertheleſs very fertile, producing
almoſt every Thing growing in the other Colonies; the Honey Mountains are here
among others, ſo called from the great Quantity of that ſweet Liquid, which a
Meridian Sun forces in drops from the Cliffs of the Rocks, and which the Hot-
tentots acquire at the Peril of their Lives. The Governor Vander Stel gave
this
Colony the Name it bears, in Honour to Monſieur Baron Van Rheede, Lord of
Drakenſtein in Guelderland, who in 1685 was ſent by the India Company, in Qua-
lity of Commiſſary General, to examine the State of all their Factories and Plan-
tations, and to redreſs as he ſhould think proper the Abuſes crept in there.
The laſt and youngeſt Colony of the Cape is that of Waveren, which received
this Name from William Vanderſtel, in Honour of the Family of Van Waveren of
Amſterdam, to which he was allied. It was before called the Red Sand, on Ac-
count of a Mountain which ſeparates it from the Colony of Drakenſtein, on the
Top of which, and about it, is found a great Quantity of this red Sand. The
Country is naturally very fertile, but little cultivated, as the Inhabitants poffefs
nothing here in Property, but are obliged to renew their Leaſes every-lix Młonths
with the Governor.
There is not a Country in the World, according to Mr Kolben, that feeds fo
great a Quantity of large and ſmall Cattle, as the Cape of Good Hope, where they
are cheaper, and their Fleſh better; an Ox commonly weighs here between five
and fix hundred Pounds, which is given for a Pound of Tobacco; and a Sheep's
Tail weighs from fifteen to twenty, and ſometimes thirty Pounds.
As lazy as the Hottentots naturally are, they do not however neglect an Ap-
plication to the Mechanick Arts, and they are even ſo expert, that it is incon-
ceivable how they ſhould be accuſed of being a People the moſt ignorant and
Atupid in the World: They have Furriers and Tanners by Profeſſion among them,
who underſtand preparing the Skins with which they cover themſelves, and the
Hides that they employ in divers Uſes, almoſt as well as the Europeans; Arti-
ficers in Ivory, who, without any other Inſtrument than a Knife, work in it with
as much Propriety and Delicacy as the beſt Turners; Matt-Makers, Rope-makers,
who have the Art to make Cords with ſmall Ruſhes, that are as ſtrong and durable
as Hempen Ones; and the Blackſmiths, who very well underſtand to caſt Iron,
and give it all Sorts of Forms, only with Flints, although they hardly ever make
any other Uſe of it, than to arm their Sticks, Arrows, Javelins, and other ſimi-
lar Inſtruments. Theſe Blackſmiths work alſo in Copper, though but a little; for
all their Performances herein are reduced to ſome Toys, with which the Men and
Women adorn themſelves; and they are all in general Potters, every Family
making their own Veffels, for which they uſe the Earth of an Ant Hill, which
they carefully cleanſe, and afterwards knead with Ant Eggs, which make an ad-
mirable Cement, and gives to the Matter a jet Black, that it never loſes. It is
hereby feen, that they neither want Invention or Dexterity, and that if they
were leſs flothful, they would, in the Mechanick Arts, foon equal all the other
Africans*.
* Kelben's preſent ſtate of the Cape of Good Hope.
9 M
of

278
GENERAL COMMERCE OF THE WORLD,
their Progreſs, and ſecure it entirely to themſelves. The Portugueſe Habitations
in theſe Parts is the Iſle of Moſambique, about two Miles from the Continent,
Of Sofala and Monomotapa.
TH
HE Kingdom of Sofala is rich in Gold Mines and Ivory, and theſe two
precious Commodities attract Foreigners, and maintain Commerce. The
Arabians are ſuppoſed by ſome, and the Fleets of Solomon and Hiram King of
Tyre by others, to have been the firſt Traders to theſe Parts; but as I have treated
Jargely of this Conteſt in my Hiſtorical Introduction, I beg Leave to refer my
Reader thereto, for any further Information.
The Portugueſe ſettled here towards the End of the fifteenth Century, and in
1500 even obtained Permiſſion to build a Fort pretty near the Capital, for the
Habitation of their Factors, carrying on their chief Trade herein, for which it
was commodiouſly ſituated on the Quama's Shore, where they had their Ware-
houſe for European Merchandize ſent them from Moſambique.
The richeſt Mines of the Kingdom are thoſe of Sofala, from which there is
yearly extracted (if the Negroes may be credited) more than two Millions of Me-
rigals, which at fourteen Livres Tournois (as Mr. Savary computes them) make
twenty-eight Millions of Livres : Theſe Riches are divided between the Portu-
gueſe (who are the only Europeans that trade to this Kingdom) the Arabians
(more eſpecially thoſe of Ziden and Mecca) and the Mahometans of Quilloa, Mon-
baſe, and Melinda. Theſe latter come in ſmall Barks, which they call Zambucks,
and bring blue and white Cottons, Silks, Ambergris, and Succinum, or yellow
and red Amber variouſly carved.
The Commerce of the Arabians may import above 140,000l. Sterling per
Annum, in the exchanging divers Sorts of Goods that they bring from the Eaſt-
Indies and the Red Sea, againſt Gold and Ivory.
In Regard to the Portugueſe Trade, it is carried on by thoſe of this Nation
ſettled at Moſambique, who ſend here the Products of Europe, proper for this
Market, on which they make ſo vaſt a Profit, that only the Governor's Rights
amount nearly to between 60 and 70,000l. Stirling, extra of the Portugueſe
Troops Pay, which comes out of this Trade, and beſides the Tribute that is an-
nually ſent to the King of Portugal, which is very conſiderable.
The ſmalleſt Share of theſe Merchandizes are, however, conſumed in this King-
dom, the Reſt paſſes to Monomotapa, where the Sofalois truck them againſt Gold,
which is given them unweighed (theſe People never uſing Scales) and making,
as one may fay, an arbitrary Traffick, dependent on the Caprice of the Buyer
and Seller.
The Kingdom of Monomotapa being within Land, and none of its Provinces
near the Sea, Strangers, and more eſpecially the Europeans, carry on no direct
Trade with it; it is true, the Portugueſe have ſome Settlements here, but Reli-
gion has been a greater Motive to their Origin than Trade; ſo that all the Gold,
Ivory, and Oſtrich Feathers (which are the
principal Commodities that this vaſt
Tract of Africk furniſhes to Commerce) paſs, as before obferved, through the
Hands of the Sofalois. The Gold of Monomotapa is of two Sorts, the one from
the Mines, and the other found in the Gravel of the Rivers; and from both
the Quantity collected annually is ſo great, and the Merchants of Sofala have fo
rich a Buſineſs here in Truck for Apan and European Goods (which come
the Arabians and Portugueſe) that theſe latter commonly call the Prince
Monomotapa is ſubject, the Golden Emperor,
of MOSAMBIQUE
THI
HE Portugueſe are the only Europeans who have any Eſtabliſhments, of
ever
, Ihare with them, although the former ule an poflible Means to hinders
along the Coaſt are conſiderable, and all defended by good Fortifícations, or at
leaſt by ſtrong Houſes, which ferve for Magazines and a Security againſt the Na-
tives, who are equally perfidious and lazy ; but the Centre of their Commerce
from
to
whom
in

OF AFRICA, &c.
779
celebrated Ophir, have thought to find it in the vaſt and rich Eſtates of this fa-
in which they have a commodious Town, well fortified, which is the common
Reſidence of the Governor-General, and of the richeſt Merchants.
This Ifle and its Port are to the Portugueſe India Shipping what Madagaſcar
was formerly to the French, and what St. Helena and the Cape of Good Hope are
at preſent to the Engliſh and Dutch, viz. a Place for depoſiting Goods, and af-
fording Refreſhments.
The Dutch twice attempted to make themſelves Maſters of the Commerce of
Moſambique, in the Beginning of the ſeventeenth Contury; the firſt in 1604, and
the ſecond in 1607; but the Portugueſe, then united with the Spaniards, made
ſo brave a Defence, that the Dutch Fleets were obliged to retire half ruined,
though with a rich Booty that they found in ſeveral Portugueſe Caracks which
they took.
The Trade carried on here conſiſts in Gold and Silver, Ebony (of which their
Foreſts
are full) Ivory, (found here in greater Abundance than in any Part of
Africk) in Slaves taken in War, Matts, and all sorts of Refreſhments; and the
Merchandize given in Exchange are Wine, Oil, Silk, Woolen and Cotton Stuffs,
Coral, wrought and unwrought.
When the European Goods arrive at Moſambique, in the Portugueſe Ships, they
are taxed at a certain Price by the King's Factor, who afterwards ſends them to
Chilimani, at the Mouth of the Senna, from whence they go up the River in ſmall
Barks, to a little Portugueſe Town ſeated at the Height of the Senna, where the
Caffres and Blacks come from the Inland Kingdoms and Provinces of Africk,
ſometimes at three or four Months Travel Diſtance, to buy or take on Credit
the Portugueſe Goods, for a Quantity of Gold agreed on, and which they never
fail to bring faithfully.
This Traffick generally yields Cent. per Cent, and is properly the Chili and Peru
of the Portugueſe; Gold being ſo common here, at a Month's Journey from the
Coaſt, that the Utenſils of the Houſe and Kitchen are uſually made of it.
Of MELINDA.
HE Commerce of this Coaſt, which is the laſt Kingdom from the Cape of
Good Hope to the Entrance of the Red Sea, where the European Ships an-
chor to trade, is almoſt entirely in the Hands of the Portugueſe, who have a
great Settlement in the Capital, and have even had the Credit of building ſeven-
teen Churches here, although the King is a Mahometan. The Natives, however,
carry on ſome Trade with their own Veſſels, in the Red Sea, and with them fre-
quent the beſt Ports in Arabia.
They are alſo ſometimes ſeen in the Indian Sea, particularly at Cambaya, a
maritime Town in the Territories of the Great Mogul; but with all this, and
though the Indians and Arabians ſometimes bring their Goods to Melinda, it is
properly by the Hands of the Portugueſe that all this Trade is tranſacted, which
is but little leſs conſiderable than that of Moſambique.
The Gold brought from Sofala, the Ivory, Copper, Quickſilver, all Sorts of
Silks and Cotton of Europe and the Indies, various painted Linens, eſpecially Cam-
bayan Handkerchiefs, Spicery, Rice, and other Legumens and Fruits, are the
principal Commodities brought to Melinda.
Of A BYSSINIA.
BYSSINIA, better known to the ancient Geographers under the Name
of the Upper Ethiopia, produces all Sorts of Commodities proper for the
Support of a conſiderable Trade, either at Home or Abroad, if the natural Sloth
of its Inhabitants did not hinder their benefiting themſelves by theſe Advantages.
Many Authors who have endeavoured to diſcover and fix the Situation of the
mous Empire; though I think Dr. Garcin has juſtly placed it elſewhere, as may
be ſeen in the hiſtorical Introduction ; however, it is certain, that Ethiopia is of
a very great Extent, and would be one of the wealthieſt Empires in the World,
A
if
4

780
GENERAL COMMERCE OF THE WORLD.
ral Boles, Matts of Ruſhes, and Flax, and even of Silk; but the Culture and Search
benefited by theſe Riches, which fome Pains and a little Time would eaſily
Some alſo count Gold, Silver, and precious Stones among the natural Products
of this Ide; but that any of theſe Metals are found here is very uncertain, and
if the People knew how to profit themfelves by the Treaſures that are hid in
the Bowels of the Earth.
The Empire is compoſed of many Kingdoms, as that of Tigre (divided into
twenty-four Provinces) Abyſinia, and Ajan dependent on it. The Portugueſe, after
they had taken the Iſland and City of Ormus in the Perſian Gulf, Muſcate on
the Coaſt of Arabia Felix, and the Ife of Zocotora, at the Entrance of the Ara-
bian Gulf, foon opened a Paſſage to Ethiopia, and eſtabliſhed a conſiderable Com-
merce there, and where they afterwards tranſported many Families of their Coun-
trymen to form there a Sort of Colony: The new Gueſts, becoming ſuſpected by
the Abyffines, were driven out, and all Trade forbidden with them. After this
Expulſion, the Emperors of Ethiopia would not ſuffer their Subjects to have too
ftrict a Correſpondence with the European Nations, much leſs to permit any of
theſe Nations to ſettle in the Country, under the Pretence of trading.
Gold, Silver, Copper, and Iron, are the Metals this vaſt Region of Africa
produce; and other Commodities, are Cardamons, Ginger, Aloes, Myrrh, Caſſia,
ret, Ebony, Ivory, Wax, Honey, Cotton, and Linens made of it of various Co-
lours; and I might add, Sugar, Hemp, Flax, and excellent Wine, if thefe
People (Demi-Barbarians) had the Art to prepare and boil the Cane's Juice, to
cultivate the Vines, and preſs the Grapes, and to ſpin and weave their Hemp
and Flax, as all theſe Things grow with them in Abundance, and of as good
Qualities as in any other Part of the World.
Of the Trade of the African Iſlands.
THE
HE principal Iſlands which Geographers attribute to Africk are Madagaſcar,
the Terceras or Azores, Madeira, the Canaries, Cape de Verd Illes, St. Tho-
mas, St. Helena, Zocotora, and Malta; this laſt in the Mediterranean, and the
Reſt in the Ocean.
All theſe Iſlands are either poſſeſſed or frequented by the Europeans, who carry
on a conſiderable Trade with them; that of Madagaſcar might be, as well for
the Abundance of its rich Produce, as for its happy Situation in the Route to
India, one of the moſt famous Illes for Trade in the Univerſe, if the Ferocity of
its Inhabitants, and the Intemperance of the Air and Sun, in the Places where
the Europeans were at firſt ſettled, had not diſcouraged their Continuance. It is
ſituated over againſt and along that Part of the Continent of Africk, which the
Kingdoms of Sofala, Moſambique, and Melinda compoſe, from whence it is diſtant
in ſome places a hundred, and in others but ſeventy or fewer Leagues.
The European Commodities fit for the Trade of this Ife, are painted Linens,
Silver, Copper, and Pewter, Rings and Bracelets, a Quantity of ſmall Mercery
and Hardware, ſeveral Sorts of Glaſs Beads, particularly blue, red, white, green,
yellow, and Orange Colour, Brandy, Spaniſh and French Wine, Cornelians long
and Olive ſhaped, red and white, large Braſs Wire, and ſmall Chains of ditto,
Nails of all sizes, and divers Tools, both for the Smith and Joiner, as well as
Locks, Hinges, &c.
The Goods to be had there in Exchange conſiſt of ſeveral Sorts of Gum,
fuch as Gutti Tacamahaca, various Species of Dragons Blood, &c. different Woods,
Wax, raw Hides, Sugar, Tobacco, Pepper, Cotton, Indigo, Ambergris, Incenſe,
Benzoin, Palma Chriſti Oil, green Balm for Wounds, Saltpetre, Brimſtone, white
Cinnamon, Civet,
Rock Cryſtal, Blood-Stone, Touch-Stone, Terra Sigillata, ſeve-
eſtabliſhed among them, not having been more induſtrious, they have not been
after theſe Things being neglected by the Natives, and the Europeans who are
have ſecured to them.
all the precious Stones are very imperfect,
1
Of
OF AFRICA, &c.
781
Plenty of Corn, Wine, Sugar, Gums, Honey, Wax, Hides, all Sorts of Fruits,
before-mentioned for the other Iſlands.
Of the Azores, Madeira, Cape de Verd Iſles, and St. Thomas.
AS
S all theſe Illes appertain to the Crown of Portugal, I have judged it beſt
not to ſeparate them in relating the Trade carried on to them.
The Azores (called alſo the Terceras, from the principal of them) are nine in
Number, viz. Flores, Cuervo, Fayal, Pico, St. George, Gratiofa, St. Mary's, St.
Michael, and Tercera. Theſe Ines, lying between the two Continents of Eu-
rope and Africk, oppoſite to the Coaſts of Portugal, were diſcovered in 1439,
or 1449, by the Portugueſe, uninhabited; and deeming them fit for Culture, they
immediately ſettled Colonies on them, and their commodious Situation in the Way
to the Indies and Brazil did not a little contribute to the ſpeedy peopling them,
and eſtabliſhing a conſiderable Commerce, eſpecially at Tercera, which is the Go-
vernor's Reſidence, and a Biſhoprick.
The City of Acra is the ſole Port in this Iſle (inacceſſible in all other Parts)
where all the European Ships anchor, and where the Products not only of this,
but of all the other Iſands are brought, though, however, the Ships often touch
at the other Illes, to purchaſe Goods at firſt Hand, or to take Refreſhments.
Wheat, Wine, Woad, Potatoes, and Hides, are the principal Commodities they
afford; but it is on the Woad that the Inhabitants of Tercera found their chief
Buſineſs; there is notwithſtanding a large Quantity of freſh Oranges and Lemons
exported from theſe Iſles, and a ſtill greater preſerved, with ſeveral other Species
of Sweet-meats, of which thoſe at Fayal are eſteemed the beſt, and the Dutch yearly
load ſeveral Ships with theſe Commodities.
The Imports there from Portugal are all Sorts of Mercery, Linens, Stuffs,
Fuſtians, Silk Stockings, Rice, and Paper, with ſome Oil and Salt; and the In-
habitants likewiſe purchaſe conſiderable Parcels of Canary and Madeira Wine,
their own being weak and inſufficient for their Conſumption; the Woolens uſed
formerly to be carried all from Europe, but within theſe fifty Years there are fe--
veral Fabricks ſet up in the Iſle of St. Michael for Cloths, Druggets, Camlets,
Serges, and Hats, beſides fome Silk Stuffs, in Imitation of thoſe made at Lyons
and Tours, which has ſometimes nearly ſufficed for the Inand's Supply; and the
flouriſhing Condition they were in, in 1717, induced ſome People to think, that
this Colony, contrary to what has been experienced in all others, would ſoon ſup-
ply its Mother-Country with the Commodities this had till then received from it.
But as the Fabricators were frequently in Want of Wool and Silk to keep their
Looms going, it muſt certainly be a Damp to them, and gave the French Hopes
of retrieving a Trade they formerly carried on by the Way of Liſbon, to their no
ſmall Advantage.
The Returns made to Liſbon, beſides thoſe of theſe Iſlands Growth, are Gold
Coin from Brazil, and the other Products of that Part of America, ſuch as white
and Muſcovado Sugars, Jacaranda, and other Woods, Cacao, &c.
The Engliſh now carry on the greateſt Trade to the Iſland of Tercera of any
Nation, where they load the afore-mentioned Goods, in Return for Woolens, Iron,
Herrings, Pilchards, Butter, Cheeſe, and Salt Meat.
Madeira, ſituated on the Coaſt of Africk, to the Southward of the Canaries,
the Number of which the Pilots generally place it, and from which it
diſtant about ſixty Leagues, was diſcovered by the Portugueſe, in 1410,
or 1420, to be an impenetrable Foreit; ſo that before they could ſettle here,
and cultivate it, they were obliged to ſet Fire to it, though this Expedient had
like to have coſt thoſe who compoſed this Infant Colony their lives, by the
exceſſive Heat in their Barks where they retired, and continued whilſt the Wood
Was burning; but having afterwards effected their Settlement, the Iſland is be-
come one of the moſt fertile and populous of any in the Ocean; and produces
freſh, dry, and candied, eſpecially Citrons, Lemons, and Pomegranates, Yew and
Cedar Plank, &c. and its Imports are ſuch of the European Goods as have been

among
is
only
9 N
The
782
GENERAL COMMERCE OF THE WORLD.
The other Products and Manufactures of the Ille are divers Cotton Stuffs,
The Cape de Verd Iſles, diſcovered by the Portugueſe in 1472 (ſome ſay in 1572)
are to the Number of ten, St. Jago, St. Antonia, St. Lucia, St. Vincent, St. Ni-
cholas, the White Ile, the Iſle of Salt, Mayo, Fuego, and Buena Viſta. They are
often called the Green Iſlands, from the continual Verdure that covers them, and
ſometimes the Salt Iſlands, on account of the Quantity made of this Commodity,
not only on the Ille bearing that Name, but on ſome of the others; St. Jago iş
the Capital, and Reſidence of the Governor, who is a Sort of Vice-Roy, and
commands all that the King of Portugal poffeffes in Africa, from Cape Verd to
the Cape of Good Hope.
The European Nations, which trade to the Eaſt-Indies and Africa, commonly
touch at theſe Iſlands for Refreſhments, calling at St. Jago in Time of Peace,
and contenting themſelves to water, &c. at Mayo, St. Antonio, St. Vincent, or
the Iſle of Salt, when at War; the few Portugueſe ſettled in theſe latter receiving
and dealing with them, at all Times willingly, though indeed they are in no Con-
dition to oppoſe their Deſcent, if their Inclinations led them to it. Theſe Ilands
were mere Deſerts when the Portugueſe firſt began their Settlements, though
they now produce in Abundance many Commodities fit to ſupport a conſiderable
Trade, but more eſpecially raw Hides of Kids, Goats, wild Cows, &c. Cattle
are ſo plenty, that ſeveral Ships are employed in carrying them to Brazil; and
the annual ſalting of Fiſh caught near Cape Verd, keeps many Sailors at Work, as it
does alſo Veſſels afterwards, for its Tranſportation to the Bay of All Saints, or
Fernambour. The Iſles of St. Vincent and St. Antonio, in particular, carry on a
very lucrative Trade in the Oil they extract from Tortoiſes that come aſhore in
certain Times of the Year, as well as in Ox Hides, which they dreſs in the ſame
Manner with them in Spain and Portugal.
In fine, the Rice, Honey, Turkey Wheat, Oranges, Lemons, Pine-Apples,
and ſeveral other delicious Fruits, as alſo the great Quantities of tame and wild
Fowl, found here, not only ſerve for the Food and Regales of the Inhabitants of
theſe Illes, but alſo for the Traffick which they have with Strangers, who come
here to water, or to trade.
The Iſle of St. Thomas (which the Negroes of the Coaſt call the Iſle of Pon-
cas) took its new Name from being diſcovered on that Saint's - Day, the 21ſt
of December, 1465, in ſeeking to diſcover a Way to the Eaſt-Indies, and the King
of Portugal ſent People there in 1467.
Its Capital is called St. Thomas; and although it is ſituated under the Line, and
that the Heats are exceſſive, the Portugueſe have raiſed here one of the moſt flou-
riſhing Colonies they have in Africk; and its Situation appeared ſo commodious
to the Dutch, for the Trade of Angola, and its neighbouring Coaſts, that they
took it twice, viz. in 1610 and 1641, though they could not keep it; and the
Portugueſe in a ſhort Time repaired the almoſt ineſtimable Damage which
their Enemies did there on abandoning it. The Portugueſe were the firſt who in-
habited and cultivated it, though at preſent the Negroes are by far the greateſt
Number, and it is ſuppoſed might eaſily ſeize it, if their natural Sloth and Cow-
ardice, joined to their Aptitude for Slavery, did not render them incapable
of
ſuch an Enterprize.
Sugar Canes and Ginger grow here, as well as at any Place in the World,
and make the principal inland Trade of the Ifle; the Portugueſe cultivate them
with extreme great Care, and notwithſtanding the exceſſive Heats of Sky and
Sun, they are ſeldom deceived in their Expectations, as the Crop both of the one
and the other is getting in every Month of the Year. Of brown Sugar here is
commonly made from fix to feven hundred Charges, of which there is yearly
carried out of the Iſle near a hundred thouſand Roves (of thirty-two Pounds Por-
tugueſe each) which is ſent to Portugal, wrapped up in its Leaves.
Cola, which is a Nut, in Taſte like a Chełnut, and which is trucked with great
Advantage at Loanda, St. Paola, and other Places in the Kingdom of Angola
and Congo, from whence they are tranſported to a much greater Diſtance.


The
Legumen
OF AFRICA, E3c
783
Legumen of all Sorts arrive here to great Perfection : Indian Wheat, Millet, Ma-
nioc (of whoſe Roots the Caffave is made) Melons, Potatoes, Figs, Bananas,
Dates, Cacaos, Oranges and Lemons grow here in Abundance; the Sheep and
Kids are excellent, but the Beef is ſmaller, and not near fo fat as in Europe.
The European Commodities, which the Portugueſe carry to St. Thomas, are
Linens from Holland and Rouen, or others ſimilar in Quality, Thread of all Co-
lours, thin Serges, Silk Stockings, Leyden Camlets Niſmes Serges, Hatches, Bills,
Salt, Olive Oil, Copper Plates and Kettles, Pitch and Tar, Cordage, Sugar Moulds,
Brandy, and all sorts of diſtilled Liquors, Canary Wine, Olives, Capers, fine
Flour, Butter, and Cheeſe.
Beſides the great Ille I have now ſpoke of, ſome Pilots give the Name of St.
Thomas in general to ſmall Iſlands, near, and even to ſome very diſtant: Of theſe
the chief is Prince's Ille, diſcovered in 1471; that of Fernando Pao, Poo, or Port,
that of the Afcenfion, and that of Annabon, or Bon Anno; it having been diſco-
vered on New-Year's Day, even that of St. Helena, although at a great Diſtance
from that of St. Thomas, of which I ſhall treat in its Place; and in Reſpect of
the other four, no Commerce is carried on with them, as the Ships bound to
the Eaſt-Indies, only touch here for Wood and Water, or to catch Tortoiſes, when
in Want of fresh Proviſion, and have many Sailors fick; except Annabon, where the
Portugueſe that are ſettled carry on a Trade in Cotton, which they gather in great
Abundance here, as alſo Hogs, Goats, Poultry, Variety of delicious Fruits, Palm
Trees, Tamarinds, Woods, &c.

Of the Canary Iſlands.
Tilande
HESE are the ſame the ancients knew under the Name of the Fortunate
Iſlands; whoſe Diſcovery nevertheleſs is reckoned only from the Year 1 348,
or at the utmoſt a hundred Years before; they were in a Manner forgotten for ſe-
veral Ages, and as one may ſay, loſt all that Time to the Nations of Europe,
who had no-Knowledge of them. The Spaniards are at preſent their Maſters,
and have poſſeſſed them ever ſince 1522, when they were given up to them by
the Succeffors of their firſt Conquerors. They are ſituated to the Weſt of Africa,
over-againſt the Kingdom of Morocco, being eighty Leagues diſtant from that
Coaſt, and till lately were counted only ſeven in Number, of which the prin-
cipal is called the Grand Canary; the other ſix are Palma, Ferro, Gomera, Te-
neriffe ſo famous for its Peak, or Mountain (ſuppoſed to be the higheſt in the
World) Fuente, Fortaventura, and Lancerotte ; but for ſome Years paſt Clara,
Lobos, Gracioſa, Roca, Alegranza, and Inffermo, have been diſcovered and added.
The Soil of theſe Iſles is extremely fertile in all Sorts of Grain, Fruits, and Le-
gumes; particularly in thoſe excellent Wines, ſo much eſteemed over all Europe,
where fo large a Quantity is yearly tranſported : Mr. Savary ſays, that between
us and the Dutch, an annual Export is made from thence of above thirty thou-
fand Tons of this pleaſant Cordial; and though I am convinced that the Quan-
tity is very large, yet I cannot think it amounts to ſo much : Sugar is alſo 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 Iſles, ſo that
may
be as much, or near as much made, as there is at St. Thomas's; the
other Goods extracted from theſe Illes are Honey, Wax, Goats Skins, Pitch, or
black Gum, divers Sorts of Fruits, Sweetmeats, Poultry, great and ſmalí Cattle,
with a large Quantity of Canary Birds, which, though ſeemingly a trifling Article,
yet ſwells
the Amount of their Trade very conſiderably.
The Engliſh, who trade more here than all other Nations put together, in a
Manner
ſupply theſe Iſlands with all the European Goods they want, which con-
fiſt in Cloths, ordinary Camlets, Baiſe, moſtly Blacks and emerald Greens, Anaf-
cotes, black and white, Sempitunas, moſt blues, Lamparilla of all Colours, worſted
Stockings, wove and knit, Hats, Gogonelles, Linen from Holland and Hamburgh
of two or three Sorts, other fine and coarſe Linens, all Numbers of Thread, Houſe-
hold Furniture, ſuch as Eſcrutoires, Cheſts of Drawers, Chairs, &c. Horſe Har-
5
neſs,
here
784
GENERAL COMMERCE OF THE WORLD.
as it is hardly better than a Rock, and conſequently cannot furniſh the Inhabi-
tants with the Neceſſaries of Life, much leſs for the Support of a Traffick with
neſs, Pewter, Mercery, and Hardwares; Iriſh Hides, all Sorts of Silks (though
moſt of theſe are now ſupplied from Spain) Men and Women's Silk Stockings,
Ribbons, Wheat, Barley, Flour, and aīl sorts of Pulſe, Herrings, Pilchards, Beef,
Pork, Butter, Cheeſe, and Candles ; with all which the other Illes are ſupplied
from Teneriffe.
And the Engliſh take in Return the Malvoiſe and dry Wines made here, of
which in a good Year Teneriffe only produces above thirty thouſand Pipes,
(one-third Malvoiſe) and Palma and Ferro, fifteen or ſixteen thouſand Pipes
each.
I have already mentioned, under the Trade of Spain, the Nature of the Gal-
leons and Flota; and to this I ſhall now add, thať beſides thoſe, ſeveral Ships
are permitted annually to fail from theſe Inands for the Spaniſh America, un-
der the Limitations of carrying their Products with them, or returning with
no other Commodities than thoſe of the Growth of that Country, and out of
theſe Silver and Cochineal are excepted; however, they find Means to evade
theſe Reſtri&ions both going and coming, and the Engliſh have always Ware-
houſes of Goods here to ſupply the Demands made on ſuch Occaſions; theſe
Ships have a Right to proceed to all the Spaniſh Ports in that Part of the World,
except Vera Cruz, Carthagena, and Porto Bello.
Of ST. HELENA.
TH
HIS Iland is ſituated in the Weſtern Part of the Ethiopian Sea, in fixteen
Degrees, twelve Minutes, South Latitude, almoſt four hundred Leagues from
the Coaſts of Angola, and thoſe of Brazil, though ſomething nearer Africk than
America, and therefore Geographers have placed it to the former.
The Portugueſe diſcovered it in 1508, and left it for a Place of Shelter and
Reſort, common to all Nations, who ſhould trade to India ; after which the
Dutch ſettled and then abandoned it for the more commodious Situation of the
Cape of Good Hope, and the Engliſh have poſſeſſed it ever ſince ; but as it affords
nothing for Trade, more than the Refreſhments for the Ships that call there, I
ſhall not add any Thing to what I have now ſaid about it.
Of Socatara or Zoccotara.
SE
EATED at the Mouth of the Red Sea, commonly called the Straits of
Babel-Mandel, is the laſt of the African Ines towards the Eaſt, and neareſt
to the Continent of Aßa. This Situation placing it almoſt equidiſtant from theſe
two Parts of the World, renders it very convenient for Ships that come from
India, Madagaſcar, Moſambique, or Melinda, to trade with Arabia-Felix, or with
Aden, Mocha, Mecca, and other Cities of the Red Sea. It produces, beſides, good
Refreſhment of all Sorts, Aloes (the beſt in the World) Ambergris, Indigº
Civet, Incenſe, Dragons Blood, and other Medicinal Gums, Rice, Tobacco, and
Dates, of which latter they have ſuch Quantities as to ſerve them inſtead of
Bread. All theſe Commodities the Natives either fell to Foreigners, who touch
there, or truck them againſt other Products of Europe or India.
Of MALTA
T!
HIS Idland, ſituated in the Mediterranean Sea, between Tripoly (of Barbarys
and Sicily, is leſs known for its Trade, than for being the Habitation of the
Military Order of St. John of Jeruſalem, who have poffelfed it ever ſince 1530;
the Commerce of it is, however, pretty conſiderable; not by what it produces;
Foreigners, by way of Barter or Exchange; but this is done by the Importation
of many Engliſh, Dutch, and Italian Ships, who carry here all sorts of Goods
for the Malteje Ule, or are freighted by their Merchants to load Corn, &c. in
Italy
OF ASIAASIA,
785
Motive for giving the land
we find Baſora, terwards enter the Gulfs of Ormus and Baſora; where
,&C.
Italy. Thé Inland, however, produces Cotton in Plenty (of which the Natives
make the fineſt Stockings and Women's Gloves I ever ſaw) Wax, and Honey, the
laſt being of a ſuperior Quality to what comes from the other Parts, is greatly
eſteemed, and was the Motive for giving the Iſland its Latin Name of Melita.
Of the Trade of Aſia.
TH
HIS is one of the largeſt and richeſt Parts of the World, whoſe Northern
Boundary is the Scythian Ocean (or the Sea of Tartary) its Eaſtern the Ori-
ental Ocean, the Indian Sea to the South, and to the Weſtward, the Red Sea,
the Iſthmus of Suez, the Mediterranean, the Canal of the Black Sea, the Ponta
Euxin, the Sea of Zabache, the Don, and the Oby; being from Eaſt to Weſt
about ſeventeen hundred and fifty Leagues, and from North to South near fifteen
hundred and fifty.
Many Nations of this vaſt Continent, eſpecially thoſe who live in the Middle
of it, and thoſe of the Northern Ocean, are very little known to us, and if we
except the Muſcovites, who poſſeſs a Portion, and whoſe Caravans, ſince the
Reign of the Czar Peter Alexiowitz, have regularly departed every Year from
Peterſburgh to China, and traverſe ſome Part of it, it may be ſaid, that the Eu-
ropeans have no Trade there, and have only uncertain and fabulous Accounts of
thefe Countries.
Though it is not ſo with Reſpect to the Southern and Eaſtern Coaſts of Aſia,
of which I ſhall now briefly ſpeak, as they follow, from Mocha, the richeſt and
moſt trading City of Arabia-Felix, to China, where the Europeans generally ter-
minate their Voyages and commercial Enterprizes; reſerving nevertheleſs, the
Liberty to make ſome Excurſions within Land, particularly for what regards the
Trade of Perhia, the Empire of the Grand Mogul, that of China, the Kingdom
of Siam, and ſome others; which, however, I ſhall touch on with the utmoſt
Brevity. Afterwards I ſhall run over that great Number of Illes lying in the
Eaſt, whoſe Commerce in Spice, and other precious Commodities, is rendered ſo
famous, and annually attracts ſo great a Number of Ships, as well from all the
European as Indian Nations.
With Reſpect to the Eaſtern Coaſts of Afa, which are waſhed by the Medi-
terranean, Black Sea, and the Archipelago, I ſhall excuſe ſaying any Thing more
about them here, having before joined this Commerce to that of Europe, to
which my Reader may have Recourſe, particularly where the Trade of Conſtan-
tinople, Caffa, Aleppo, &c. is treated of.
I ſhall, therefore, begin this Traffick of Aſia with the Cities of Arabia-Felix,
ſeated on the Red Sea, or in the Ocean, near its Mouth; as Mecca, Mocha, Aden,
we find Baſora, Ormus, Gameron (or Bender-Abaſ), dependent on the Empire
of Perhia, which we ſhall viſit even to its Capital.
The Coaſts of India, both on this and the other Side of the Ganges, will af-
terwards follow, and then ſurvey thoſe of the Grand Mogul, eſpecially in the
Kingdom of Guzurate, where are ſeated Imedabath, Cambaye, Surat, Daman,
&c. After them Bengal, Decan (of which Goa is the Capital), Malabar (of
which the chief Cities for Trade are Calicut, Cranganor, and Cochin), the Coaſt
of Coromandel (which has Narfinga and St. Thomas), the Kingdom of Golconda,
thoſe of Pegu, Siam, and Tanaſferim.
In Fine, Malacca, Cochinchina, Tonquin, and China, with which I ſhall finiſh
the Trade of this vaſt Continent.
The Afatick' Illes, whoſe Trade I here propoſe to treat of,- are the Maldives,
which firſt preſent themſelves in the direct Route from Europe to the famous
Cape Comorin; thoſe of Celan and Maynar, which almoſt touch the Cape. The
three Iſles of the Sund, viz. Sumatra (in which is the Kingdom of Achen, and
feveral others) Fava, ſo celebrated for that of Bantam, and yet more for the
City of Batavia, and the Iſle 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 Illes of Japon (or
Japan)


90

786
GENERAL COMMERCE OF THE WORLD.
And
ſend their's here, from the Places in India where they are ſettled, as the French
from China and Japan; beſides which Maritime Trade, a very great and rich
Japan) from whence all European Nations are excluded except the Dutch.
as I have already occaſionally mentioned ſomething of the Eaſt-India Trade, I
ſhall avoid repeating it here, but only now add, what I before omitted con-
cerning it. And previous to my Entrance on this propoſed Detail, I ſhall ſpeak
a Word concerning Burſa, which was omitted in the Article of the Levant
Trade.
Burſa, which was the Capital of the ancient Bithynia, is ſtill one of the fineſt
and largeſt Cities in the Grand Signor's Dominions, ſeated on the Sea of Mar-
mora in Natolia.
Its Caravanſeras (or Inns) are vaſt and commodious, and its Bezeſtan, with its
rich Shops, reſembles the Saloons of a Palace, by the Quantity of Merchants,
and Goods exhibited to View there. The moſt able Workmen of all Turkey
are at Burſa; its Manufactures of Silk Stuffs are admirable; but its Carpets and
Tapeſtry, worked on Deſigns ſent from France and Italy, are above all eſteemed.
Silk is gathered here in Abundance, and of the beſt Quality that the Eſtates of
the Grand Signor produce; here is alſo ſome Gum Adragant, which is collected
at Caraiſſai (or Chateau Noir ) about four Days Journey from this City.
The Trade of Arabia.
THIS
HIS Part of Aña has at leaſt thirteen thouſand Leagues Circuit, and is
divided into Arabia Deſerta, Arabia Petræa, and Arabia Felix ; this laſt
which is almoſt as big as the other two, and which it alſo ſurpaſſes in Riches
and Number of Inhabitants, is beſides diſtinguiſhed for its Commerce, which is
one of the moſt conſiderable in all the Eaſt.
Its chief Cities, and thoſe moſt noted for Trade are Mocha, Hidedan, Chichiri,
Zibet, and Ziden on the Red Sea; Aden, Fartack, and Maſcate, on the Ocean, or
Arabian Sea; Bahr, Barhem, and El-Catiff, in the Gulf of Baſfora; in Fine,
Baffora at the Bottom of this Gulf; but as this laſt is in Arabia Deferta, I ſhall
deſcribe it when I come to treat of that Province. as in
I might here add Mecca and Medina, Places which the Mahometan Zeal has
ſeparated as holy, and which are alſo rendered famous for the immenſe Riches
annually brought here by five Caravans, partly through the Devotion of Pilgrims,
and partly by the Merchants for Trade; but the Entrance into theſe two Cities
being prohibited on Pain of Death to any Chriſtan, and the Europeans conſe-
quently having no Commerce here, I ſhall content myſelf with informing my
Reader, that the Buſineſs which the Muſulman Nations of India and Africk carry
on here is by Ziden ; this being properly the Port of Mecca, although it is at
leaſt twenty-five Leagues diſtant; and by Mocha, which ſerves as its Storehouſe,
or Staple.
Mocha, ſituated at the Entrance of the Red Sea, in thirteen Degrees eighteen
Minutes of North Latitude, is at preſent a City of the greateſt Commerce in all
Arabia-Felix, where it was transferred to from Aden, about the Middle of the
16th Century. There are hardly any maritime Nations, either of Europe, Apa,
or Africa, who do not ſend Ships to Mocha; the Engliſh and Dutch generally
did when their Commerce was moſt Aouriſhing, but they now go there directly.
The other Veſſels brought here by every Monſoon, which are often fifty
in Number, commonly come from Goa, Diu, Touvel, Dabul
, Goga, Calicut,
Achen, Maſulipatam, Nevega, Promiens, Cadts, Moſambique, Melinda, and
Ethio-
pia, all laden with the richeſt Products of the Places from whence they fail, of
that their Freighters have collected from the moſt remote Parts of the Eaſt,
that arrive in the Month of March. They are commonly two months
on their
duct the Pilgrims to Mecca and Medina, but
which, till then, are
only compoſed
Journey, and generally join on entering Arabia, making part of thoſe that coma
of Merchants and Goods.
About a thouſand Camels ſerve to tranſport theſe Merchandize, Eatables, and
other Neceſſaries
for the Merchants, and the Troops, which go as an Eſcorte to
or more
defend
OF A SÍ A, &c.
787
defend them againſt the Arabs; and theſe Caravans are eſteemed but indifferently
rich, if they carry leſs in ready Money than two hundred thouſand Dollars, and
a hundred thouſand Ducats of Gold, either Hungarian, Venetian, or Mooriſh;
and this is only to be underſtood of what is entered at the Cuſtom-houſe; there
being always near as much more unregiſtered, and carried by Stealth, to ſave
the Duties, which are very conſiderable. The Goods which theſe Caravans
convey are Velvet, Sattins, Armoiſins, Gold, Levant Stuffs, Camlets, Cloths,
Saffron, Quickſilver, Vermilion, and Merceries, from Nuremburg. The Royal
Ship (loaded yearly for the Grand Signor's Account) from Suez, brings alſo the
ſame Commodities as the Caravans, with the Addition of ſome Muſcovy Hides,
Pewter, Fonwa (a Drug to dye Scarlet) and about four hundred thouſand Dol-
lars, though but fifty thouſand Ducats.
The Goods which the Caravans, Royal Ship, and other foreign Veſſels load at
Mocha, in Return for thoſe brought here, are partly the Products and Manufac-
tures of Arabia, and partly what has been introduced by Ships from India,
Africa, and Europe. The Arabians furniſh but little towards this Commerce of
their own Manufactures, as they have only ſome Cotton Cloth, and this but
coarſe ; though, in Recompence of the ſaid Defect, their Growths ſupply many
valuable Commodities, as Incenſe, Myrrh, and Ambergris, Aloes, Balm, Caflia,
Dragons Blood, Gum Arabick, Coral, and a Quantity of Plants, both medicinal
and odoriferous, precious Stones, eſpecially Babarem Pearls, but above all, Coffee,
which, beſides being of the beſt Quality, is ſo plenty as to load many Ships with it
yearly, of which this Port is generally full from all Parts, and under all Colours,
as from Surat, Cambaye, Diu, Malabar, and all Places in India ; here are alſo
Veſſels of Caffen, Socotra, Maſcate, and all the Gulf of Perha; and of the
Europeans, Engliſh, French, Dutch, Danes, and Portugueſe; and beſides the
Merchants of the above-mentioned Nations, this is the Rendezvous of many from
Barbary, Egypt, Turkey, and all Arabia, and may properly be termed a general
Magazine, where the Merchandizes of an univerſal Trade are depoſited.
Aden formerly enjoyed all the Advantages in Trade that Mocha now does, by a
Transfer from the other; and is the only Port that the Grand Signor has upon the
Ocean ; its Situation near the Mouth of the Red Sea renders it a Harbour com-
mon to both, which ſtill attracts a conſiderable Trade from the Arabians, Perfians,
and Indians, as it ſome Time ago did from the Dutch, till their own Plantations
of Coffee proved almoſt ſufficient to ſupply their Demands, and conſequently
Nackened their Intercourſe with other Nations for it.
Chichiri, or Chiriri, is ſeated higher than Aden in the Perfian Gulf, and is
the firſt City in Arabia Felix, where the Dutch uſed to Trade before their corre-
ſponding with Aden.
This City has an Emir, or Arabian Sultan for its Sovereign, although tribu-
tary to the Turks, to whom he pays annually four thouſand Dollars, and twenty
Pounds of Ambergris. The Veſſels from India, Perfia, Ethiopia, and the Iſlands
of Comorré, Madagaſcar, and Melinda, are thoſe that moſtly frequent this place,
whoſe Imports and Exports being ſimilar to thoſe of Aden, a Repetition of them
here is ſuperfluous.
Mafcate is a City in Arabia Felix, ſituated to the Weſtward of Mogol in the
Gulf of Perpa, in the Latitude of twenty-three Degrees thirty Minutes North,
directly under the Tropick of Cancer, and is a Place of greater Trade than any
other near the Gulf of Ormus. The Pearl Fiſhery hard by the Iſle of Baba-
ram, in the Months of Yune, July, and Auguft, is alone capable of enriching
the City greatly; but beſides this, it has the Advantage of being a Depoſitory
of all the Drugs, and Merchandize of Arabia, tranſported from hence to Perfa,
Egypt, Syria, the Indies, and even to Europe.
Caſen has its Ports open and expoſed to an Eaſt Wind, though ſheltered from
the Weſt; its Trade is but inconſiderable, and this under the King's immediate
Direction; ſome Veſſels come here with Rice, Dates, and a Sort of Clothing
made of Hair in Perha, which Goods are exchanged for Oliban, Aloes, and But-
ter; and the propereſt Time for this Commerce is in the Months of May, June,

and July.
1
Ser;
788
GENERAL COMMERCE OF THE WORLD.
exported
a'n
all other Nations, as no Perſon was henceforward permitted to traffick there
Ille, which they were obliged to ſurrender in 1622, having loſt, as they pre-
Ser; the Trade of this City (not far from the laſt mentioned) is very conſidera-
ble; its Inhabitants are friendly to Strangers, and its Port being a very good one,
attracts the Ships from ſeveral Parts, eſpecially from Maſcate, Cameron, Surat,
Galla, and other places on the coaſt of Ethiopia; the Merchandizes
from hence are Butter, Myrth, Slaves, Oliban, Aloes, and other Drugs that
Arabia produces.
Mojeck, diſtant from Mocha about ten Leagues, has loſt its Trade by the Proxi-
mity, and now hardly deals in any Thing but Salt.
Hodecda, is an Ine in the Latitude of fourteen Degrees fifty Minutes, that has
a Creek proper for the Conſtruction of Ships, and a ſecure Port; theſe Advan-
tages draw a tolerable good Trade here, particularly in Coffee, brought from
Zidda, Mocha, and other Parts.
11. und ngun
Gezeon; the Pearl Fiſhery renders this Place famous, and its Trade flouriſhing,
of which the Banians have the Direction, with very confiderable Profits.
Fermarn Illand about three Leagues diſtant from Gezeon, which, beſides
the Pearl Fiſhery, has a great Trade in Wheat, with which it ſupplies all Parts of
Arabia.
Judda, or Zidden; this is properly (as has been before obſerved) the Port to
Mecca; its Trade confiſts chiefly in Coffee brought here by the Arabians, and
bought by the Turks, who take it off, almoſt all; though here are alſo Merchants
of Mogul, Perfa, and ſeveral Places on the Coaſts of Ethiopia.
MELON
ojan you go
orien galiud 2.5itedebida
Of the Trade of the Gulf of Perfia. I aid olido lo post
egunda partida cotian
TH
HIS Gulf, called alſo the Gulf of Ormus, (from the Ife of Ormus, a very
little Diſtance from its Entrance) Gulf of Baſora (from a City of this Name
in Arabia Deferta, at its other Extremity) and the Gulf of El-Catif, (from a
Kingdom in Arabia Felix, extending along the Coaſt, oppoſite to that of Perfia)
is equally celebrated for its Pearl Fithery, near the Ine of Baharem, as for its
great Commerce with all the Oriental and European Nations,
European Nations, who ſend their
Ships either to Bender-Abafi, or Bafora.
The City and Ine of Ormus, although quite fallen from its former Luſtre,
and entirely deſtroyed by Order of Cha-Abas, after his retaking them from the
Portugueſe, merits however to be mentioned, as due to the Memory of what
they once were, and the Rank they for a long-Time maintained among the moſt
trading Illes and Cities of Apa. tincio 201110 slain 1100011 I tiodico dorp
e This ifle, feated in the Perſian Gulf, pretty neat its Mouth, and two Leagues
from the Coaſt of Perpa, has little more than twenty Leagues Extent; yet it boré
for a conſiderable Time the Title of a Kingdom, with its own Monarchs, Tri-
butaries however to the King of Perhia.
The Portugueſe, who judged this Port neceffary to their infant Commerce in
the Indies, took it in 1507, and hereby ſhut up the Entrance to Perhia againſt
without their Paſſport, or under their Colours ; and whilſt they, of all the Eu-
ropeans, remained Maſters of the Indian Trade and Navigation, the Perhans
not find themſelves in a Condition to ſhake off this Yoke, which theſe new Comers
had put on one of the moſt famous Empires of Ajia. But the Dutch, hav-
ing followed the Portugueſe to India in the latter End of the ſixteenth Century,
and the Engliſh at the Beginning of the ſeventeenth; the Emperor Cha-Abas
availed himielf on the Afliftance of thefe latter, to drive the Enemies from their
tend, as its Taking, more than fix or ſeven Millions in Merchandize, and other
Effects.
Gameron, Gamron, or Gombrown, the Port of all Perfia, and perhaps of all
Afia, where the greateft Trade is tranſacted, was quite difregarded, till the Porn
tugueſe were driven out of Ormus; as before that occurrence, this was
Village with about fifty miferable Huts, where the Portugueſe
, however, kept
twenty-five or thirty armed Barks, on Account of the Goodnels of its Port, and
to maintain their own Commerce, and hinder that of others,


did
only a ſmall
Cha-

OF ASIA, &c.
789
own.
This Fiſhery begins
Cha-Abas fortified the Port, and began to build the City, and by Privileges
and Immunities drew Trade here, changing its Name, and calling it after his
This Port is open to all Nations, except the Spaniards and Portugueſe;
and here are feen, Perſians, Arabians, Indians, Banians, Armenians, Turks, Yews,
Tartars, Moors, Engliſh, French, and Dutch.
The trading Time is from the Month of O&tober (when the great Heats are
over) to the Month of May (when they recommence) and at this Seaſon the Ships
of all the Europeans eſtabliſhed in India arrive, and many others appertaining to
Indians and Moors; and by Land at a fixed Day, is ſeen coming in here, divers
Caravans of Merchants, from Iſpahan, Schiras, Laon, Aleppo, Bagdat, Herat,
Baſora, &c.
The Engliſh began their Trade to Perhia in 1613, and were ſo much the better
received, as the Grand Abas then formed the Deſign of engaging their Affiſtance
to diſlodge the Portugueſe from Ormus and other Parts, and for that Purpoſe en-
tered into a Treaty with our Countrymen, that entitled them to many Privileges,
which have however been very ill obſerved; for as ſoon as the Perſan Monarch
had his Turn ſerved, he forgot, or rather ſlighted his Engagements; and though
he ſtill continued to prefer the Engliſh, it was not in the Manner, and to the De-
gree, as was promiſed, or their Service deſerved.
They now carry to Perha Silver, a large Quantity of Cloth, Pewter, Steel,
Indigo, Silk Stuffs, and the fineſt and moſt beautiful Indian Cottons.
The Dutch Cargoes conſiſt of Spaniſh Dollars, and Rixdollars, Goods that they
receive from Europe, and what they collect from their different Settlements in
India, but above all, Spices, with which they ſupply all Perfia; Siampan, Anis,
and Santal Woods, Ginger, Indigo, Vermilion, Incenſe, Benzoin, Quickſilver,
Lead, Pewter, Copper, coloured Cloths and Linens.
The Indian, Arabian, and Mooriſh Veſſels are laden with the Products and
Manufactures of their Countries; and the Goods that come by the Caravans, con-
fiſt of various Gold and Silver Stuffs, Velvets, Taffeties, Porcelaine, Feathers, Mo-
rocco Leather, Wool, Brocades, Carpets, Turkey Camlets, and other ſlighter ones
from Arabia, Medicinal Drugs, Dragons Blood, Manna, Myrrh, Incenſe, Raiſins,
Dates, Barcun Horſes, but particularly raw Silk, which is the greateſt Article
in the Perſian Trade; here are alſo found Turquoiſes, and Pearls, of which latter
I ſhall have Occaſion to ſpeak more hereafter.
All Nations trading to Gamron, have their Houſes and Magazines here; thoſe
of the Engliſh, French, and Dutch, having more the Air of Palaces than Mer-
chants Offices and Habitations, and are feated along the Sea Side, which is
very
convenient for the loading and delivering their Ships, as they arrive.
Perſia has ſtill ſome other Ports in its Gulf, but much leſs conſiderable than
Bender-Abaſi, which has attracted almoſt all the Commerce of theſe Parts.
Congre, or as ſome call it Bender-Congo, or Bender-Erric, is alſo in ſome Re-
putation, and Strangers ſend their Ships, or conduct their Caravans here; the chief
Trade is however in Pearls, and Boles for dying and painting Green and Red,
which are gathered from little Hills of theſe Colours, in a Mountain a few Leagues
from the City, called by the Natives Chiampa.
Baharem, is an Illand in the Perhan Gulf, ſeated over againſt the Coaſt of
Arabia (from which it is but a little diftant) belonging to the King of Perja.
The Soil is fertile, and produces plenty of Fruit, particularly Dates, though the
Water has ſo bad a Taſte that Strangers cannot uſe it, and the Divers who fre-
quent this Place are obliged to ſeek it elſewhere. It is not the Fertility of
the Inle, nor the Trade carried on here, that render it fo famous in all the Eaſt,
and obliges the Perfions to have a Citadel, and to keep a Garriſon of three hun-
dred Men here; but the Pearl Fiſhery, which is near it, produces at leaſt a Mil-
der
large Size are ſometimes taken, even to the Weight of fifty Grains, though in
common from ten or twelve; and thoſe that exceed this, ought to be ſeparated
for the King, though herein he has not always Juſtice done him.
Baffora, or Balfora, is fituated on a River named by the Arabians Schat-eb-
Arab, which is formed by the Union of the Euphrates and Tigris, that join a
good
lion yearly
9 P

790
GENERAL COMMERCE OF THE WORLD.
Mefanderan, Media, Bastria, Caramania, and Georgia, which all together may
produce about twenty-two thouſand Bales (of two hundred and ſeventy-fix
good Day's Journey above this City, and ſo united empty themſelves into the
Perſian Gulf, twelve Leagues below it. This place is rich, and of greater Trade
than any one in Arabia Deſerta, and its Poſſeſſion having been for a long Time
diſputed by the Arabians, Perhans, and Turks, theſe latter remained Maſters
of it.
Bafora, like Bender-Abaſi, gained confiderably by the Deſtruction of Ormus,
and here are now ſeen Ships from all Parts of Apa and Europe, and eſpecially
among theſe laſt, the Engliſh and Dutch make a conſiderable Figure, they having
their Factories here, to tranſact their Buſineſs, and Diſpatch their Letters by Land,
which is done by the way of Damas and Aleppo. The Portugueſe alſo have a
Settlement here, though to very little Purpoſe.
Almoſt all the Trade paſſes through the Hands of Indians, Perhans, and Ar-
menians. The Caravan of Baſora is one of thoſe that carries to Bender-Abaſi
a Part of thoſe rich Goods, with which that Trade is ſupported : And the ſame
Caravan brings back, on its Return, the Products of India, China, Japan, and Eu-
rope, of which Bender is (as has been before obſerved) a Depoſitory, Staple, or
Storehouſe for Perfia, and the three Arabias.
Beſides this Commerce with Bender-Abaſſi, and that which Baſora maintains
on the Sea Coaſt with the Indians, Moors, and Europeans, whoſe Ships arrive here
every Mouſſon; this City has alſo a very confiderable one with Bagdat, which is
not at a great Diſtance, and is commodiouſly ſeated for a Tranſportation of its
Commodities by the Tigris; and the ſame with Aleppo, and the Reſt of the Ot-
toman Empire in Afa, from whence Caravans ſet out, and a Part of them always
deſtined for Baſora.
We might alſo place in the Number of thoſe Things that render this Trade
flouriſhing, the palling here of the Perſians, in their Pilgrimage to Mecca, who
commonly take this Route, and not only pay large Duties to the Turkiſh Baſhaw,
but alſo exchange or ſell a Quantity of Goods here, which they bring in their
little Caravans going and coming.
Of the inland Commerce of Perſia, and the States dependent on it.
OMMERCE is regarded as an honourable Profeſſion in Perpa, where the
Name of a Merchant is eſteemed a Sort of Title of Diſtinction, and ſome-
thing reſpectable; the Noblemen, and even the Sovereign himſelf, do not diſ-
dain to exerciſe the Function, and to have Warehouſes, &c. for carrying it on.
The Empire of Perha is of ſo great an Extent, and its Provinces are generally
ſo rich and abundant, that the Affertion of its Trade being one of the moſt con-
ſiderable in Aſia has nothing ſurpriſing or incredible in it.
Iſpahan is as the Centre of this Commerce ; it is from thence that the Cara-
vans ſet out for carrying the Goods to Bender-Abaſſi, which the Factors of fo-
reign Nations reſiding here have purchaſed for Shipping. And it is here, where
many yearly arrive, both from within and without the Kingdom, as from Schi,
ras, Laor, Aleppo, Bagdat, Herat, Baſora, and all thoſe from the Levant; and
there are few Cities, where Trade attracts fo large a Number of Strangers as this;
of which the moſt conſiderable are the Armenians of Zulfa, a Colony which
Abas le Grand eſtabliſhed in one of the Suburbs; and the
Indians, of which here
are more than a thouſand, who have their Shops in the Meidan (or Market) next
the Perfans.
Here are alſo ſettled (though leſs numerous) Engliſh, French, Dutch, Italians,
Spaniards, Tartars, Arabians, Turks, Georgians, Perſians (from all the Provinces
of the Empire) and fewc.,
There are no Sorts of Goods, which may not be found in Iſpahan ; but the
greateſt Trade it drives is in Silk, of which an almoſt incredible Quantity is an
nually gathered in Perfia. The Provinces which produce molt, are Guillan,
C
one of the most co
Pounds each) with an Appearance of its yearly increaſing;
This Silk is diſtinguiſhed into four Sorts, viz. Chirvan (ſo called from Chirvan
in Media, near the Caſpian Sea, and in Europe Ardafe, Karvary, or Legis (ga-
thered
5

OF ASIA, &c.
791
A
e in-
thered at Legiam, a ſmall Town of Guillan) Ked-Coda-Penfend, or Bourgeoiſe
and Charbaſe, or Brocard. Of all which Silks, it is ſaid not above a thouſand
Bales are uſed in the Perſan Manufactories, and the Reſt ſold for Tranſportation
to Turkey, India, and all parts of Europe and Aſia.
The Manufactures of Stuffs in Perhia are on a Footing with thoſe in Europe,
excepting Cloths, of which here is no Fabrick eſtabliſhed, and the Perſian Ma-
nufacturers make of Felt (which they underſtand the working up, as well as any
People) ſome Cloaks, and common Carpets to cover the fine ones, for which they
are juſtly ſo famous.
very great Trade is carried on in Perhia with Cloths from Europe, brought by
the Engliſ and Dutch to Gamron, among which are likewiſe ſome French, more
eſpecially thoſe of Berry and Uſeau.
The Stuffs that the Perſians moſt commonly make in their Manufactories, are of
Wool, Cotton, Goats and Camels Hair, and above all, Silk, with which they very
often mix the three laſt Materials. The ſpinning, winding, and milling, are
ſimilar to what is practiſed in France'at Lyons and Tours, and the Perpans are
telligent in the Uſe of the Diſtaff, Spindle, Reel, and Mills, which ſerve in the
ſaid two Cities, for the Silk’s Preparation.
The Stuffs they make of pure Silk, are Taffeties, Tabbies, Sattins, Gros de Tours,
Turbans, Ribbons, and Handkerchiefs. They make alſo Brocades, Gold Tiſſues,
and Gold Velvets, of which laſt Sort ſome coſt fifty Tomans the Gueſe, or Perhan
Aun, which comes to about five Pounds Sterling per Engliſh Yard, and is certain-
ly the deareſt in the World. The fineſt Perſian Carpets are made in the Province
of Kirman, eſpecially at Siſtan; and among the Stuffs made of Silk only, there are
many painted with various Deſigns, and ſome heightened with Gold and Silver,
applied with Moulds and Gum Water, which they underſtand ſo well performing,
as to make them almoſt appear true Brocades.
The Woolen Manufactures, or thoſe of Camels Hair, are for the moſt Part
eſtabliſhed at Yefde, Kirman, and Mongnay; the Wools of Kirman being the fineſt
in the World. The Goats Hair Stuffs are made in Hircania, and reſemble Bara-
gons, the fineſt coming from Dourak in the Perſian Gulf.
The other Goods which the Perſians fend abroad beſides their Silks and Stuffs,
are Porcelaines, Feathers, Morocco Leather, Cotton Wool, or Thread, Chagrin of
all Colours, Tobacco, Galls, Matts, Baſkets, Things wrought in Box, Iron and
Steel of Caſbin, and Koraſan; Furs, Lapis Lazuli (which comes from the Uſbecks,
but of which Perſia is the Storehouſe) Perfumes, eſpecially Ambergris and Muſk
(both Productions Strangers to Perfia, but found here in great Abundance, the
one brought from India and the Red Sea, and the other from Tibet) Pearls from
the Perſian Gulf, Turquoiſes, all Sorts of Spices brought by the Dutch to Bender-
Abaſſi
, Saffron the beſt in the World, particularly that from the Coaſts of the
Caſpian Sea, and Amadan, Allum, Brimſtone, diſtilled Water of Orange Flowers,
Roſes, &c. Glaſs, Cryſtal, divers Animals Skins prepared at Schiras, Coffee
brought there from Arabia. In fine, Variety of Medicinal Drugs and Gums,
which either grow or are brought here; and among the Products of Perha, and
as Part of her Merchandize, the excellent Wines of Schiras and Yeſde, Thould
not be forgotten, as the Perſians do not conſume the whole themſelves (though
the great Men here are very much given to Inebriety, notwithſtanding the Al-
coran's Prohibition ;) but they are tranſported annually to a very conſiderable
Value all over Indoftan, and even to China. Piſtachoes and Almonds grow plen-
tifully in Yefde, Cafbin, and Sultania ; and of Camels, Horſes, Mules, and Lambs,
large Quantities are yearly ſent into the Dominions of the Grand Signor, to In-
doſtan, and to other Parts of Aha. All that has been here ſaid of the Trade of
Perſia, muſt be regarded as a Deſcription of it before the Revolution in 1721;
and as the Troubles in that Kingdom ſtill continue, the Commerce there is not
only interrupted, but in a Manner loft, eſpecially to the Europeans, and muſt re-
main ſo, till Peace (the Parent of it) reſtores Tranquillity, and places Trade on
the Footid it formerly was.
Of

792
GENERAL COMMERCE OF THE WORLD,
menians.
Of Georgia and Mingrelia.
THE
HERE is hardly any Country in all Apa, more abundant in Cattle, wild
and tame Fowl, Fruits, Wines, and indeed all the Neceſſaries of Life,
nor where they are in greater Perfection, than in Georgia. Its Wines, particu-
larly thoſe of Teflis its Capital, are tranſported to Armenia, Media, and even to
Iſpahan, where a Quantity of it is always reſerved for the King's Table: Silk is
gathered here in Plenty, but the Georgians not underſtanding its Preparation, nor
having hardly any Artificers among them to manufacture it, they carry it among
their Neighbours, and drive a great Trade with it at Arzerem in Turkey and
thereabouts.
The Lords in Georgia being Maſters of the Lives and Liberties of their Vaſſals,
as the Fathers are of their Children, made a bad Uſe of their Power, by ſelling
many thouſands of both Sexes yearly for Slaves, more eſpecially of the Females,
who being all very beautiful, were purchaſed by the Turks and Perfans for their
Seraglios; and this iniquitous Commerce was principally carried on by the Ar-
The Turks likewiſe ſent out large Parties of Janiſſaries to ſeize and
carry off the Boys and Girls early; but ſince the Conqueſt of this Country by the
valour of Prince Heraclius, who has made it independent, the female Georgians
have been protected from this Violence, and preſerve their Liberty and their
Chaſtity.
Mingrelia does not traffick leſs in Slaves than its Neighbour Territory, as above
twelve thouſand of theſe unhappy Wretches are yearly diſpoſed of in this Man-
ner, of which above three thouſand are purchaſed for Conſtantinople. The other
Merchandizes that this Country produces, are Silk, Flax, in Linen and Thread,
Linſeed, Hides, Martens Skins, Caſtor, Box, Wax and Honey of two Sorts, the
one white and the other red, though both excellent; it is the Turks of Conſtan-
tinople, and the Merchants of Caffa, Gonia, Iriſja, and Trebiſonde, who carry
on this Trade; and it is common to ſee twelve Sail yearly from Conſtantinople,
and more than fixty Feluccas from other Parts, which bring here ſundry Goods
and Proviſion, to truck againſt thoſe of the Country, as very little or no Money
intervenes in theſe Negociations, or any that are tranſacted by the Mingrelians.
The Goods proper for this Exchange, are Bracelets, Rings, Glaſs, or ſmall
Necklaces, ſmall Knives, Pins, Needles, and other minute Mercery.
Brimſtone and Nitre are found near Teflis, as a foflile Salt is, in fome Mines
in the Road to Erivan. Olive Oil is very dear, ſo that the Natives both eat and
burn that of Linſeed; which is all the Uſe the Georgians 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.
Avogaha, Part of Mingrelia, is abundant in Flax, Hemp, Pitch, Wax, and
Honey, though this laſt is commonly bitter, by Reaſon of the Bees gathering it
from the Box and Yews that grow here in Plenty. Vermilion is found in an
almoſt inacceſſible Rock; and it is in ſeveral Parts of this Province, that the true
Rhapontick is met with, which many take for Rhubarb, and what diſhoneſt
Druggiſts fell for it.
to the
OF ARMENIA.
T
WHIS Kingdom, after many Revolutions, was at laſt ſubjected by the Turk
and Perſian; and as I have already treated of that Part belonging,
Schah, I ſhall now ſpeak of the other under the Dominion of the Grand Signor.
or at leaſt of the two principal Cities, which ſeem to have divided the Trade of
all the Reſt of the Kingdom between them.
Erzerum, or Erzeron, Capital of the Part of Turkiſh Armenia, is a City of
very conſiderable Trade, conſiſting chiefly of Copper Plates, Dithes, &c. Furs,
Galls, Caviar, and Madder. The Englijſ drive a great Trade here, and have a
Conſul, who lives in a very handſome Manner.
Tocat is the ſecond City in Turkiſh Armenia for Trade, and is regarded as the
Centre of it for Aſa Minor, where Caravans are inceſſantly arriving or depart-
ing;
4
OF ASIA, &c.
793
ing; thoſe of Diarbequis are eighteen Days coming here, and thoſe from Erze-
rum but fifteen. Thoſe from hence to Sinope are but fix Days going, and thoſe
from Burſa twenty. The Caravans that go directly to Smyrna, without paſſing
by Angora, or Burſa, are twenty-ſeven 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 confiſts in Utenſils of Copper, as Kettles, Cups,
Candleſticks, and Lanterns, which the Artiſans here work very neatly, and theſe
Commodities are ſent to Conſtantinople and Egypt; the Copper they make Uſe of
comes from the Mines of Gumiſcana, three Days Journey from Trebifonde, and
from that at Caftamboul, ten Days Travel from Tocat towards Angora.
Here is prepared a Quantity of yellow Morocco Leather, which is carried to
Samſon on the Black Sea, and from thence to Calas, a Port of Valachia, where is
alſo ſent ſome red ones; but theſe the Merchants of Tocat procure from Diarbeck
and Caramania. Painted Linens are alſo a great Object of Trade here; and al-
though they are not ſo handſome as thoſe of Perfa, yet the Muſcovites and Crim
Tartars, for whom they are deſigned, are contented with them; and the Com-
merce of Silk is not inconſiderable here, though that of the Growth of the Place
is all worked up here in flight Silk Stuffs, ſewing Silk, and Buttons.
Of the Commerce of Great Tartary.
THE
HE Tartars are at preſent Maſters of a third Part of Afa, and their Coun-
try (commonly called Great Tartary, to diſtinguiſh it from the Leffer,
which is in Europe) is ſituated between ſeventy-five and an hundred and fifty De-
grees of Longitude, and from thirty-eight to fifty-two Degrees of North Latitude,
theſe People now poffefling all the North of Aſia, and are at preſent divided into
three different Nations, viz. the Tartars, properly ſo called; the Calmoucks, and
the Moungales; for though all thoſe Pagans that are diſperſed about Siberia, are
without Doubt deſcended from the Tartars, yet they are not now conſidered as
a Part of them, but regarded as a ſavage People. The Tartars, particularly fo
named, inhabit the Weftern Parts towards the Caſpian Sea, and are all Mahome-
tans: The Calmoucks are in the Middle of Great Tartary; and the Moungales
near the Oriental Sea, but both are Idolaters. The firſt are ſubdivided into many
Branches; and the Moungales into Tribes, or Branches of Tribes : And Great
Tartary does not belong to one Sovereign only (as many have believed) but is pof-
ſeſſed by the Czar of Muſcovy, the Emperor of China, and by many petty Chans
or Princes, who reign over large Provinces.
This vaſt Country is under the fineſt Climate in the Univerſe, and of an extra-
ordinary Goodneſs and Fertility; but, as it is one of the higheſt Tracts of inha-
bited Land, it wants Water in many Parts
, though waſhed by nine principal Ri-
vers, viz. the Amur, Schingal, Selinga, Jenifca, Amu, Khefell, Jaick, Irtis
, and
the Oby, and therefore is only cultivated on their Borders, and this but juſt where
Neceſity drives the Inhabitants ; for the Calmoucks and Moungales never uſe
any Agriculture, and only live on what their Cattle produce them; and their va-
gabond Life is owing to this Want of Farming, which conſtrains them to change
their Habitations in Conformity to the Seaſons, occupying the Northern Country
in the Summer, aud 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 ſome few Places ; for all that are
found in the Heart of the Country are only Shrubs, not exceeding a Man's Height;
but in Recompence hereof the Mountains furniſh the Natives with a large
Quantity of wild Goats, white Bears, black Foxes, Ermines, Sables, and Glut-
tons (a fleth-eating Animal, a little ſmaller than a Wolf) whoſe Furs, with Rhu-
barb, Ginſeng Root, Silk, Wool, and Mulk, conſtitute the Trade of the Nor-
thern, Eaſtern, and Southern Part of the Country; but the Tartars, who in-
habit the Weſt, on the Borders of the Caſpian Sea, regard all Trade as a Matter
beneath them, and glory
in robbing the
Merchants who paſs through their
Ter-
ritories, or at leaſt exact ſo on them, as to make them loſe all Deſire of re-
turning among them; and indeed, all thoſe Mahometan Tartars live on the
9 Q
Rapine

794
GENERAL COMMERCE OF THE WORLD.
preſent the beſt cultivated, and moſt populous of any Province in the Grand
Sogdian, and Bactriana of the Ancients. with their Dependencies, and is at
for whoſe Capture they often make War with their Neighbours, keeping ſome
Rapine and Spoil, which they pillage from their Neighbours, whether in Peace
or War; in which they are very different from the Calmoucks and Moungales,
who, although they are Pagans, live quietly on the Products of their Flocks, and
offend no one, unleſs they are firſt moleſted: Of theſe fome have fixed Habita-
tions, though others have neither Towns nor Villages, but live in Tents, and
wander from one place to another, according as the Conveniency of Paſturage
invites; and they all ſupport themſelves by equinine Food, as we do by that of
Oxen and Cows, of which latter they rarely eat, but live chiefly on Horſe Fleſh,
and make uſe of Mare's Milk, as the Europeans do of that of their Kine. The
Tartars have ſo ſtrong a Paſſion for the Colour red, that not only their Princes
and Ladies, but even the common People (through all the North of Apa) would
do more for a Piece of Stuff with this Dye, than for four times the Value in Gold
and Silver.
The chief City of the Eaſtern, or Nieucheu-Moungales, is Naun; that of the
Weſtern, or Calcha-Moungales, Argunſkoy. The Kingdom of Tangut, or 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 Pagan Tartars, who by
ſome has been confounded with Prefier-John (before fpoken of.) The Capital
of this Kingdom is Barantola, in whofe Neighbourhood is gathered a Quantity
of Rhubarb, &c. and at Tarzinda is a Mine of Gold extremely rich, at the Foot
of the Mountains which ſeparate the Lands of Contaiſch from thoſe of China,
to the Eaſt of the Deſerts of Goby, of which the Chineſe have taken Poſſeſſion,
and have eſtabliſhed here ſome Colonies of the Moungalians.
The Kingdom of Caſchgar, or the Little Boucharie, is a fertile Country, and
tolerably populous; it is rich in Gold and Silver Mines; but the Calmoucks, who
are at preſent its Maſters, receive but little Benefit from them, as they live quietly
on the Products of their Cattle, and never mind Gold nor Silver, that is to coſt
them Trouble in its Acquiſition; however the Bouchares, who inhabit the Towns,
collect a good deal of Gold Duſt in the Spring, in the Gutters, which the Tor-
rents occaſioned by the melting Snows make on every Side of the Mountains, and
carry it to India, China, and even as far as Tobolſky in Siberia. There is alſo
found large Quantities of Muſk in the Caſchgar, and many Sorts of precious
Stones, among which are Diamonds; but the Inhabitants have not the Art to cut
or poliſh them, and therefore are obliged to ſell them rough.
The City of Caſchgar, which gives its Name to the Country, was once the Ca-
pital of the Kingdom, but ſince the Tartars have been in Poſſeſſion of it, it
is greatly fallen from its priſtine Grandeur ; however, it ſtill carries on ſome
Trade with the neighbouring Countries, though little in Compariſon of what it
did formerly,
Jerkeen is at preſent the Metropolis of the Little Boucharie, and is pretty
large. It is the Staple of the Indian Trade with the North of Afia, of Tangut
with Siberia, and of the Grand Boucharie with China, which renders it both rich
and populous. If Peter the Great had lived a few Years longer, he would have
endeavoured to eſtabliſh a Trade between this Place and his Territories, by Means
of the Irtis, which would have been very advantageous to Ruſia,
Chateen, or Chotan, is to the Eaſt of Verkeen, and is at preſent in a flouriſhing
Condition, by Reaſon of the great Trade carried on here between the Bou-
charie
, Calmoucks, Indians, and the Tangutois, and the extreme Fertility of the
Soil.
The Great Boucharie (of which Bouchara is the Capital) comprehends the
Tartary.
With the Mahometan Tartars the Slaves are a confiderable Object of Trade
,
for their own Service, and ſelling the Reſt where they can; and this Commerce
goes ſo far with ſome of them, that in Default of an Opportunity
Slaves, they do not ſcruple to ſteal and ſell the Children of one another, or to




to make
ſell
OF ASIA, Ea
795
ſell their own, if they cannot do better; if they are tired of their Wives, they
ſell them without any Ceremony, as they do their Daughters, eſpecially if they
are handſome.
The Horſes of theſe Tartars have but a bad Appearance, being very lean, not-
withſtanding which they are indefatigable, and may juſtly be termed the beſt
Horſes in the World.
It muſt be acknowledged that Nature has with-held nothing from this fine
Country, that could render an Abode here agreeable; the Mountains abounding
in the richeſt Mines, and the Vallies in an admirable Fertility of all Sorts of Fruits
and Pulſe. The Meadows are covered with Graſs Man high; their Rivers full
of excellent Fiſh; and Wood (ſo ſcarce in all the Reſt of Great Tartary) grows
abundantly in many Places of this Province; but all this is of very little Ŭ ſe to
the Tartar Inhabitants, who are naturally ſo ſlothful, that they rather chooſe to
pilfer and ſteal, than to apply themſelves to cultivate what Nature has offered
them ſo liberally.
Carſchi, or Karſchi, is at preſent one of the beſt Cities in the Great Boucharie;
it is large, well-built, and better peopled than any other in the Country; the
adjacent Parts are extremely fertile, and its Inhabitants carry on a very good
Trade to the North of India.
Jalagaſan, which ſtands almoſt in Front, is one of the chief Paſſages by which
People enter from the States of Contaiſch into the Great Boucharie.
Badag ſchan is a very ancient, and extremely ſtrong City; it is not large, but
well enough built, and populous; its Inhabitants are rich by the Gold, Silver,
and Ruby Mines in its neighbouring Mountains; although there is no one who
regularly works theſe Mines, thoſe who live at the foot of the Mountains do
not benefit themſelves a little by the Grains of Gold and Silver which they collect
in the Spring, after the melting Snows have walhed them from their Beds, by
their Torrents.
Anderab is the moſt Southern City of all the Great Boucharie, ſeparating the
Territories of the Great Mogul and Perhia from Grand Tartary; it is by this
Place, that whatſoever is brought in, or carried out of their Country, to or from
the States of the former, muſt neceffarily paſs. And there is in the Neighbour-
hood of Anderab rich Lapis Lazuli, with which the Bouchares carry on a con-
ſiderable Trade, with the Merchants of India and Perfa.
Although Cabul, or Caboul, depends on the Great Mogul, and not on the Chan
of Balck, it will be a-propos to ſay ſomething here concerning the flouriſhing
Trade maintained between the Subjects of theſe two Princes. Gabul, ſituated
at the Foot of the Southern Mountains, which ſeparate the Eſtates of the Great
Mogul from the Grand Boucharie, is one of the fineſt Cities to the North of
India ; it is large, rich, populous, and becauſe it is conſidered as the Key of the
Grand Mogul's Territories towards Perfia, and the Great Boucharie, it is always
carefully kept in a good State of Defence. This City is the Staple of all the Mer-
chandize that paſſes to the Indies, Perſia, and the Grand Boucharie. The Sub-
jects of the Chan of Balck come here in Throngs with Slaves of both Sexes,
and above all, with Tartarian Horſes, of which ſo great a Trade is driven in this
City, that it is pretended here comes yearly more than ſixty thouſand. The Neigh-
bourhood of Cabul is very fertile, and all that is neceſſary for Life grows here in
The City of Bouchara, or Buchara, is upon a River, whoſe Waters are very un-
wholeſome, and which diſcharges itſelf into the Amu, about forty Leagues from the
Caſpian Sea ; it is large, fortified, and well ſeated for Trade with Tartary, Perha,
and India; though with all theſe Advantages it carries on but little, being hindered
by the extraordinary Impoſitions on Foreigners in the Article of Cuſtoms.
Samarkant, Capital of the Province of Maurenner, is about ſeven Days Journey
to the North of Bouchara, and was formerly much more brilliant than now; how-
it is large and populous enough; it is ſaid that the beſt Silk Paper is made
here of any in the World, and therefore is much ſought after by the Oriental
Nations. Here is the moſt famous Mahometan Academy of Sciences; and its ad-
jacent Grounds produce Apples, Pears, Grapes, Melons (of an exquifite Taſte) and


ever,
in
796
GENERAL COMMERCE OF THE WORLD.
in ſuch Quantities, that the Empire of the Great Mogul, and Part of Perfia, are
ſupplied from hence with them: And indeed this City wants nothing to render it
conſiderable in Trade, but other Maſters and Neighbours than the Mahometan
Tartars.
Wardanſi, ſeated to the Weſtward of Bouchara, towards the Frontiers of Cha-
ral|m, is a tolerable large City, inhabited by the Bouchares, who in peaceable
Times trade to Perſia, and in the Country of Charaſſm.
Balck is the Capital of the ſmalleſt, and moſt Southern Part of the Grand Bou-
charie, but extremely well cultivated, and fertile; here is gathered a great deal of
Silk, which the Inhabitants work up into Stuffs : The Uſbecks here are the moſt
civilized of all the Mahometan Tartars of the Grand Boucharie; to which the
great Commerce they drive with the Perſians and the Subjects of the Great Mo-
gul does not a little contribute.
Talchan, ſeated below Balck, on the River that runs by'it, is a ſmall City, well
built, pretty populous, and with a tolerable Trade.
Cachemire is a ſmall Kingdom, that is hardly thirty Leagues long, by twenty
broad, ſo ſhut in by high Mountains, which ſeparate India from the Grand Tar-
tary, that there is no Entrance to it on any Side, without paſſing Rocks of a pro-
digious Height; it is almoſt one continued Valley, whoſe Fertility and Beauty
makes up
for the Smallneſs of its Extent, as all sorts of Fruit and Pulſe that we
have in Europe grow here abundantly, without the Trouble of Cultivation.
The Cachemirians are very induſtrious, and poſſeſs the Secret of making the
laquered Wares, and light Woolen Stuffs with Borders, ſo much eſteemed in
India. The River Amu, or Abiamu, which has its Source to the North-North-
Eaſt of this Kingdom, and runs by it, is full of all Sorts of Fiſh, and its Borders
quite charming, on which grow thoſe excellent Melons, and all thoſe other deli-
cious Fruits, which are ſo fought after in Perfa and India, and which are tranſ-
ported even to Ruſſia.
Charaſſm is a Country extremely fertile in all thofe Parts that are fit for Culture,
and its Inhabitants are reckoned the richeſt Herdſmen of all the Ottoman Empire ;
they are ſupported entirely by their Cattle, which conſiſt in Camels, Sheep, and
Goats; and lodge in Tents, which they tranſport froin one place to another, ac-
cording as the Seaſon and Conveniency of Parure ſuits : In Winter they encamp
along the Euphrates, on the Side of Mefopotomia and Natolia ; and the Summer
Heats invite them to the refreſhing Vallies encloſed by the Armenian Mountains
towards the Riſe of the Euphrates and Tigris.
The ſecond Body of Turkmans (called Eaſtern Turkmans) alſo ſubfift by their
Cattle or Agriculture, according to the different Diſtricts they are found in; the
Winter Seaſon they paſs in the Towns and Villages in the Neighbourhood of the
Amu, and the Caſpian Sea, and in Summer they encamp whereſoever they meet
with good Paſturage and Water.
There are twenty Provinces in this Country of Charaſm. That of Burma is to
the Eaſt of the City of Uapr, towards the Frontiers of the Grand Boucharie. This
Province is very fertile, populous, and produces the moſt delicious Melons of all the
Charaſſm. That of Gordiſch is between the Piſchga and the Kumkant ; and as this
Province is watered by the River Amu, it is one of the moſt fruitful and beſt cul-
tivated Parts of the Charaſſm.
The Choraſan is beyond Contradiction the fineſt, richeſt, and moſt fruitful Pro-
vince of all Perſa; but having mentioned it already, I ſhall only add here, that as
the Climate of this country is excellent, and the moſt temperate of any in this Em-
pire, nothing in theſe Parts can equal the Fertility of its Soil; all sorts of exquiſite
Fruits, Cattle, Corn, Wine, and Silk thrive here to a Miracle: Mines of Gold,
Silver, and precious Stones are not wanting; and, in fine, all that can
Place rich and agreeable this Province abundantly poſſeſſes.
The City of Meſched, or Meſchet, ſituated on a little River which falls into the
Kurgan, was once in a very flouriſhing Condition, by the many conſiderable Ma-
nufactures of Gold and Silver Brocades,
with other
Studs, fettled here. The Earthen-
Ware of this Place was alſo very much eſteemed, beſides which a great Trade was
carried on here in thoſe beautiful filver-grey Lamb-fkins with curled Wool, finer
render a

than
5
OF ASIA, &c.
797
than Silk itſelf: And it was in every Reſpect a very rich, ſtately, and populous City,
till the Uſbeck Tartars plundered and left it in a miſerable forlorn Condition; its
adjacent Parts are, however, the moſt charming of any in the World, and 'pro-
duce in Abundance all Sorts of exquiſite Fruits and Greens, as its neighbouring
Mountains do Turquoiſes, and even Rubies.
Herat is at preſent the fineſt and largeſt City of all this Province, ſince the
Ruin of the laſt-mentioned, which was the Capital; it is rich, fair, and popu-
lous, and produces the handſomeſt Carpets of all Perſia; here are alſo made
ſeveral sorts of valuable Stuffs and Brocades ; and in a Word, this is the Staple
of almoſt all the Commerce carried on between Perſia and India, as it lies in the
Route from Iſpahan to Candabar.
Aſtrabath is ſituated on a Gulf of the Caſpian Sea, being the Capital of the Pro-
vince of that Name, and paſſes for one of the fineſt Cities in Perſa, as it is large,
well-built, rich, and very populous. Here are many fine Fabricks of Silk and
Woolen Stuffs, more particularly of a Sort of Camlet that is vaſtly eſteemed.
The circumjacent Lands are equally agreeable and fertile in every Neceſſary
of Life, and the neighbouring Mountains are all covered wieh Foreſts of Fruit-
Trees. The Gulf of Aſtrabath is about fifteen Leagues from Eaſt to Weſt, and
four or five from North to South, but is only navigable for ſmall Veſſels, becauſe
here is not more than ten or twelve Feet Water at its Entrance to the Caſpian Sea,
but it is of great Convenience to this City, by Means of the Communication it
has with all the Perſian ones ſeated on that Sea.
Mankiſelak is a ſmall Town in the Country of Charaſſm on the Borders of the
Caſpian Sea, to the Northward of the Mouth of the Southern Arm of the Amu, and
in itſelf is but trifling, as it does not contain at utmoſt above ſeven hundred miſe-
rable Cots; but its. Port is excellent, and the only one in this Sea; it is ſpacious,
ſecure, deep, and if it was in other Hands, would make Trade ſoon flouriſh.
Urgens, the Capital of Charaſſm, is ſituated in a large Plain, to the North of the
River Amu, about twenty-five German Leagues from the Eaſtern Border of the
Caſpian Sea. This City was once very conſiderable, but ſince it became ſubject
to the Tartars, and the Amu, that run at the foot of its Walls, has taken an-
other Courſe, it is fallen greatly to Decay.
Turkeſtan is about ſeventy Leagues long, and as many broad, having ſeveral good
Diſtricts of Land on the side of the River Jemba, and towards the Mountains which
divide this Province from thoſe of the Calmoucks; 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 aforeſaid River, that they may be within Reach of benefiting themſelves
by any Occaſions that ſhall offer for Pillage or Plunder ; and they go to ſell the
Slaves they make in theſe Excurſions either to the Charaſſm or Grand Boucharie,
where they always find Perſian or Armenian, and ſometimes Indian Purchaſers.
Of the Caſpian Sea.
IT
T is but a little while ſince we have had any true Knowledge of the Ma-
Sander an or Caſpian Sea, which the Perſians call Kulſum. It is beyond Dif-
pute the greateſt Lake in the Univerſe, being ſituated between the thirty-ſeventh
and forty-ſeventh Degrees of Latitude, and the ſeventy-ſeventh and eighty-third
Degrees of Longitude ; its Waters are extremely falt, except towards its Shores,
where they are freſhened by the Rivers running in, and it abounds with Stur-
geons, Salmons, Salmon Trout, &c. all which Fiſh come in the Spring to ſeek
the Mouths of the freſh Water Rivers; and it is incredible what a Quantity are
yearly taken at this Seaſon ; here are alſo Carp and Bream, which is fome-
thing particular in a Sea, whoſe Water is naturally falt; and here is alſo the
White Fiſh, called by the Ruſians Bielluga, which is peculiar to this and the
Black Sea; and for this Reaſon ſome pretend that theſe two Seas have a ſubter-
raneous Communication. All theſe Šorts of Fiſh are much larger and fatter
than elſewhere, eſpecially the White Filh, which have been taken twenty Feet
long; they have ſome Reſemblance to a Pike, with the Taſte of a Sturgeon.

9R
The
798
GENERAL COMMERCE OF THE WORLD.
The Caſpian has neither Flux nor Reflux; and the only Port of Baku (in
the Province of Schivan) on all its Weſtern Coaſt, and this ſolely for ſmall
Veſſels; though there is a good Road at Terki, where the Veſſels ride in Safety,
between the Ile of Zezen and the Land. On the Eaſtern Coaſt is the Port
of Mankiſchlak in the Choraſlan, which is excellent, and the only one found in
this Sea ; but being unhappily in the Hands of the Tartars, with all this Eaſtern
Coaſt, it is of very little Uſe.
Of the Cofacks, or Cofaques.
THE
HE Cofacks are now divided into three Branches, and the Ruſſians, on whom
they depend, call their Country the Ukraine, which is in that Language,
feated on the Frontiers, becauſe it effectually makes a Frontier between Ruſia,
Poland, Little Tartary, and Turkey, being to the Weſtward of the Boriſthenes.
As this Country is an entire Plain, interſperſed with fine Rivers, and agreeable
Foreſts, it muſt be ſuppoſed to be extremely fruitful; as it is in Effect, and pro-
duces all Sorts of Grain and Pulſe, Tobacco, Wax, and Honey in ſuch Abun-
dance, that it ſupplies a great Part of Ruſſia with it. The Paſturage here is ſo
excellent, that the Cattle ſurpaſs all others of Europe in Size (the Muſcovite
Beef that I have ſeen, has always been very ſmall, though I think fatter, and ſupe-
rior in Quality to any other.) The Rivers are ſtocked with excellent Fiſh, and
Game is found here in ſuch Quantities, that this Country only wants a Com-
munication with the Sea, to be one of the richeſt States in that part of the
Globe.
The Don Cofacks, who occupy on the Banks of the River with this Ruſſian
Name a Number of Towns and Villages, do not extend themſelves 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 Occaſions preſent.
The Cofacks of the River Jaicks took Poſſeſſion of its Southern Border, when
the Tartarian Power began to decline there; and when the Ruſians ſeized the
Kingdom of Aſtracan, the Coſacks voluntarily ſubmitted to their Dominion. Theſe
People live by Agriculture, Fiſhing, and the Produce of their Cattle, with what
Booty they can make. This River at preſent ſeparates Ruſſia from the Eſtates
of Contaiſch, and its Banks are ſo fruitful, tha: however little the Earth be cul-
tivated, it abundantly produces every Neceſſary of Life. It is alſo extremely full
of Fiſh; and it is aſſerted, that in the Spring, fo great a Quantity come here
from the Caſpian Sea, to ſeek freſh Water, as almoſt to ſtop its Courſe, and
may be taken with the bare Hand, with the Roes of which prodigious Shoals,
caught in this River and the Neighbourhood, ſo much Caviar is made and ex-
ported to all Europe.
The Tartars of Nagai ſubſiſt by their Hunting, Fiſhing, and Cattle, being
ſubject to the Ruſſians ever ſince their taking the Kingdom of Aſtracan, which
the others poſſeſſed before; the Capital of the ſame Name is ſeated on the Fron-
tiers of Aſia and Europe, and by this convenient Situation invites a large Number
of Armenians, Indians, Perſians, Mahometans, Tartars, Calmoucks, Georgians,
and Muſcovites, to form a conſiderable Trade here.
The Volga is one of the largeſt Rivers in the World, and traverſes almoſt all
Ruſſia ; it abounds with all sorts of Fiſh, and its Borders ſpontaneouſly produce
moft Species of Pulſe and Herbs without any Labour or Cultivation.
The Calmotcks are Part of the Pagan Tartars, deſcended from the Mogoules,
and deſirous of being ſtill called fo; they inhabit the fineſt and moſt conſide-
rable Part of Tartary. The beſt Iron of all Ruſia (and it is probable of the whole
World) known in that Country by the Name of Siberian Tron, comes from the
Mountains of Aigles, that ſeparate Ruſſia from Siberia ;, which Metal is melted
and wrought with the ſame Eaſe as Copper, and there are Cannons made of it,
nothing inferior to thoſe of Braſs, either in Beauty or Goodneſs. Theſe People
carry on no Trade, except by Way of Barter for Cattle, and are harmleſs
and inoffenſive, if not moleſted, as has been before obſerved. The Oby and Orna
large

I
OF ASIA, &C.
999
.
large Rivers in this Country, are full of Fiſh, and moſt of their Borders
very
tile in every deſirable Producto
fer-
T
Of the general Trade of the Eaſt-Indies.
HE Eaft-Indies commence where the Kingdom of Perſia ends, being ſe-
parated from it by, a long Chain of Mountains, and the River Indus, whoſe
Name they have taken, and which on iſſuing from Mount Taurus (where it
riſes) takes its Courſe towards the Northern Parts of India, as the Ganges (which
flows from the fame Mountain) does towards the South, both falling at laſt into
the Indian Ocean; the firſt into the Gulf bearing its Name, and the other into
that called Bengal. This vaſt Region of Aſia is called the Eaſt-Indies, from its
advanced Situation towards that Part of the Heavens, more than any other Coun-
try yet known; as America is in the ſame Manner diſtinguiſhed by the Deno-
mination of the Weſt-Indies, on Account of its lying more Weſt than other
Diſtrict of the habitable Globe.
Eaf-India is commonly divided into that on this Side of, and that beyond the
Ganges; the firſt Part comprehends the Empire of the Great Mogul, the King-
doms of Decan, Narſinga, Canara, the Peſcherie (or fiſhing Coală) that of Coro-
mandel
, Beſnagar, and Orixa. The other includes the Kingdoms of Bengal, Ara-
can, Pegu, Siam, Malacca, Camboya, Ciampa, Cochinchina, Brama, fangomea,
China, and others leſs conſiderable.
Both theſe Parts have their Illes, though thoſe appertaining to that beyond the
Ganges, are larger and much more conſiderable for their Trade than the other,
as will be explained hereafter, when their Deſcription falls in Courſe; and I
fhall now begin with that of the Great Mogul's Dominions, being the firſt that
preſent themſelves on quitting the Perſian Sea, to enter the Indian Ocean.
any
Of Indoftan, or the Empire of the Great Mogul.
HE Empire of this Prince comprehends a vaſt Extent of Coaſts in the In-
dian Sea, and ſtretches very far within Land, ſo that he poſſeſſes the greateſt
Part of the Indian Terra Firma.
The Kingdom of Bengal once belonged to him by Conqueſt, and of which
he ſtill retains a Share, though the Mooriſh Rajas, or Governors, to whoſe Cuſtody
he truſted it, have revolted, divided the other Part among themſelves, and there-
by deprived the Emperor of one of his richeſt Provinces, and the moſt conve-
nient for Trade ; for which he is however in ſome Şort indemnified by the So-
vereignty, which he has always preſerved, and by the Acquiſition of the Kinga
doms of Decan, Cachemir, Breampour, and Maliquo, which he has added to his
Dominions.
Indoftan is in general ſo fertile in all that can contribute to the Conveniency of
Life, that it might very commodiouſly paſs without any foreign Trade, and not
only comfortably, but very deliciouſly ſubſiſt on its own Abundance ; yet the
greateſt Part of the Inhabitants, particularly thoſe called Banians, are ſo addicted
to Commerce, and underſtand it ſo well, that it is nothing ſurprizing, to ſee
them maintain fo confiderable a one on all the Coaſts of this Empire, and even
to Agra its Capital.
The European Traffick with the Mogul's Dominions conſiſts principally in
Gold and Silver Coin, Leather, Spice, Elephants, &c. brought here from Japan,
China, Moluccas, and Ceylon ; Pewter, Cloths, &c. imported from Europe, and
Horſes from the Uſbecks and Perfa.
es which
OF
Of GUSURATE.
F all the Kingdoms which compoſe Indoftan, there are none that have more
conſiderable Ports, or where a greater Trade is carried on, than this of Gu-
furate
, called alſo by fome the Kingdom of Cambaye
, from one of its moſt im-
portant Cities, diſtinguiſhed by the Appellation of the Indian Cairo. This Ter-
ritory
800
GENERAL COMMERCE OF THE WORLD.
, -, a
dy, and Sugars, all sorts of Sweetmeats, Cummin, Honey, Lack, Opium, Borax,
Ginger, dry and candied, Mirabolans, Saltpetre, Sal Ammoniac, Ambergris,
Muſk, and Diamonds; but theſe three laſt Commodities are brought from Abroad,
and reſold to foreign Merchants. It is here that the Engliſh and Dutch have
ritory is almoſt totally maritime, forming a Peninſula, that ſtretches out between
the Gulfs of India and Cambaye, containing more than an hundred and twenty
Leagues of Coaſt.
It is in this Extent that Cambay and Surat are ſituated; the two Cities (eſpe-
cially the laſt) the moſt celebrated in India, for the Trade which the Europeans
carry on there, or that the native Merchants maintain from Java, Sumatra,
to the Levant, Aden Mocha, and Mecca, on the Red Sea, and to Bender-Abaſi,
in the Perfan Gulf, in Cotton Cloth, Counterpanes, Carpets, embroidered Hang-
ings, Rock Cryſtal, Granates, Hyacinths, Amethifts, Turquoiſes, choice Drugs,
Medicinal Herbs, Dying Woods, Perfumes, excellent Indigo (cultivated and made
at Amadabat, the Capital of the Kingdom, and at Sirches) Camphire, Tobacco,
Brimſtone, Turbith, Galanga, Nard, Lapis Lazuli, Affa Fætida, Borax, Scamony,
Benzoin, Pepper, Cummin, Ginger, Mirabolans, Silks of their manufacturing,
Corn, Salt, Oil, and Butter.
Their Returns from Aden, are Gold and Silver Coin, Coral, Ambergris,
Mifíeit (a Drug for dying and colouring) and the beſt Opium of all the Eaſt.
From Perfia they extract Brocades, and other Silk Stuffs, Velvets, Camlets, Pearls,
Almonds, Raiſins, Nuts, Dates, and particularly Roſe-Water, of which they are
very fond, and which they tranſport to many parts of India.
The Europeans, and other Nations, furniſh this and the other Territories of
the Great Mogul with Pewter, Vermillion, all Sorts of Cloth, Ivory, Sandal Wood,
Pepper, Cardamons, Cloves, Porcelane, China Stuffs, Gold and Silver Veffels;
and there are ſeen in their Pores and principal Cities, not only Engliſh, French,
Dutch, and Portugueſe, but alſo Jews, Turks, Perhans, Arabians, and Merchants
of all the Cities in India, except Chineſe and Japoneſe. I Thall treat of the Trade
of all the Cities at large, after I have ſaid ſomething of that of Amadabath, Ca-
pital of the Kingdom, and ſome others within Land.
Amadabath, one of the largeſt Cities in the Mogul Empire, is ſeated within
Indus. Commerce is equally flouriſhing both at Home and
Abroad, ſending yearly large Caravans to Agra, and tranſporting to Surat, Cam-
baye, and Brochia, its manufactured Stuffs, and other Merchandizes : The Products
of the Country are brought there in Return of their Caravans.
It is reckoned there are twenty-five great Towns, and above three thouſand
ſmall ones in the Juriſdiction of this City, whoſe Inhabitants are almoſt employed
in working for the Fabricks; of which the principal ones are of Silk or Cotton,
pure or mixed with one another, being a Species of Goods peculiar to the Coun-
try, ſuch as Tulbandes, Alligias, Attelaſſes, Baffetas, and Chites; here are alſo
made Brocades, Gold and Silver Stuffs, Damaſks, Sattins, Taffeties, and Velvets of
all Colours, Alcatiffs or Carpets, with Gold, Silver, Silks, or Stuff Grounds; in
Fine, all Sorts of Cotton Cloth, white or painted, which in Fineneſs, Beauty
Deſigns, and Vivacity of Colours, do not yield to any in the Indies.
The greateſt, or at leaſt the beſt and moſt beautiful Part of theſe Manufac-
tures are deſtined for Surat ; the Banians, who tranfact almoſt all the Buſineſs
of this laſt Place, and are here as Brokers to the European Merchants, having
their Factors on the Spot, who buy up the Goods as ſoon as made, or
the Undertakers themſelves, have Artificers to work for them. The Products
of the Country are Indigo (which is cultivated and prepared abundantly in the
Territory of this Capital, particularly at Sirches, which, though but a ſmall Town,
has acquired great Reputation by their perfe&t ordering of this Drug) Sugar Can-
all the blue Cloths come, which are fent to Perfia, Arabia, to the Kingdom of
the Abyſines, the Red Sea, the coaſt of Melinda,"
Moſambique
, Madagaſcar, fava,
Sumatra, Macaſſar, and the Molucca Inands.
Brochia, a large City in the Kingdom of Gufurate, feated twelve Leagues to
the North of Surat, on a River which at eight Leagues Diſtance diſcharges it-
of
bring


ſelf
4
OF À SIA, &c.
801
felf into the Sea at two Openings, is reckoned both among the maritime and
inland Cities. Here, and in eighty Villages under its Juriſdiction, are made Cotton
Cloths, that are always placed among the Number of the fineſt and moſt beauti-
ful of all India. The Factories which the Engliſh and Dutch have here are very
ancient, and ſome of the firſt that theſe two Nations eſtabliſhed on this Coaſt.
Bifantagar is almoſt in the Middle of the Kingdom, where a great deal of Cloth
and Thread are made for Tranſportation. And
Pettan is celebrated for its Manufactures, which conſiſt in Silk Stuffs, Cotton
Cloths, Tulbandes, Allegais, and in ſome other ſuch like Fabricks, that are alſo
made at Amadabath, Brodera, Goga, Chift, Pour, Nariaath, Vaſet, and ſome
other Places ; and it is from them that the Banians extract Abundance of thoſe
Commodities, which the Europeans make a Part of their Ships Cargoes.

Of CAMBAYE:
THE Trade of this City is very confiderable, and only yields to Surat, which
it formerly ſurpaſſed, till the latter had reaped the Advantage of the Decay
of that of Goa, and of the Ruin of the Portugueſe Trade there.
It is ſeated at the Mouth of the River Carari, at the Bottom of the Gulf, to
which it gives Name, fixteen Leagues from Brachia, and thirty from Surat ; the
Engliſh and Dutch have Lodges here, on Account of its Proximity to the laſt,
where their principal Trade of the Grand Moguľs Dominions is tranſacted, and
where they have their Factories ſettled, which may be almoſt regarded as the
ſecond in Point of Importance, among thoſe they have in India.
The Natives of the Place, more eſpecially the Banians, addict themſelves to
Trade, and carry on one commonly to Diu, Goa, Cochin, Achem, Batavia, Bana
tam, the Coaſt of Coromandel, that of Bengal, Perha, and the Red Sea, where they
fend their Ships, but generally with Dutch Pilots, hired with a conſiderable Salary
of the Company; and though the Remiſs of theſe Goods to all the aforeſaid
Places, is a conſiderable Object of their Commerce, yet it is nothing in Compa-
riſon with that which they tranſact with Strangers, who yearly arrive at Cam-
baye; there being hardly any Nation of India, from whence both Merchants and
Ships are not ſeen here; as alſo from Moſambique, Melinda, Arabia, and the
Perfian Gulf. The Europeans beſides ſend here every Monſoon a good many
Vertels, whoſe Ladings confift more in Reals, Rixdollars, Ducats, and Sequins,
than Merchandize; Gold and Silver being the beſt Cargo that a Ship can bring
to this Coaſt, 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 Eſteem as thoſe from Bengal and Coromandel, Canvas, many Sorts of Silk
Stuffs, Tulbandes, Saſhes, Carpets, Cloth of Gold, Counterpanes of Silk and Cot-
ton, ſtitched or embroidered, 'Quilts, Bed Furniture, &c. Elbow Chairs, Tables,
and other Houſehold Stuffs, Indigo, Saltpetre, Borax, Opium, Cummin, Ginger,
Rhubarb, Mirabolans, many other excellent Drugs, Sugar, Oil, and Butter, with-
reckoning ſeveral Sorts of precious Stones, found at Gufurate, or that are
brought here from elſewhere. A great many excellent Works in Agate are alſo
performed here, which do not in any Manner yield to thoſe of Europe, either in
or Perfection.
The major Part of the Merchandizes, of which the Europeans make the
greateſt Purchaſes, are not thoſe of which their homeward-bound Cargoes are
compoſed, but they ſerve for Traffick to other Parts of India, to exchange againſt
various Commodities that may ſuit their Owners; and the ſame may be ſaid of
Grain, Fruit, Pulſe, as Wheat
, Rice, Peas, Beans, Kiffery (a Sort of a Pea) Millet,
Barley
, Oranges, Lemons, Citrons, Mangas, and Cacaos, of which the Engliſh and
Dutch carry a large Quantity yearly to Places where theſe are wanting, and dif-
poſe of them there to great Advantage ; and this Remark may ſerve for
all that
thall be ſaid henceforward concerning the Trade of the Europeans in the Eaft-



out
Beauty


Indies.
9 s
of
$02
GENERAL COMMERCE OF THE WORLD:
and Dutch commonly make their Loadings for Perhia, the Red Sea, and Arabia
Of SURAT
THI
HERE is no Place in the Mogul's Dominions, and it may be added in
all the Indies, more celebrated for Trade than this is. It is feated on the
River Tapi, or Tapta, to which Souali (lying fix Leagues from its Mouth) is pro-
perly the Port, the River being unnavigable
for large Veſſels up to the City, which
obliges the Merchants to unload their Goods here, and to ſend up thoſe deſigned
for Surat by Barks or Waggons. This City was taken by the Troops of the
Engliſh Eaſt-India Company, in the Year 17 59; and ſtill continues ſubject to
that Company.
Thoſe intended for other Parts remain at Souali, in Warehouſes built with
Boards, which each Nation has here, till Opportunities offer for ſending them to
their deſtined Ports. Souali is a Sort of Encampment upon a Point of Land, or
Peninſula, formed by the Sea and the River's Mouth, which is very commodious
for a Market to furniſh the Sailors with Refreſhment on their Arrival; this Camp
conſiſts only of ſmall Huts, made with Reeds, Bamboes, &c. ranged in Form of
Streets, during the fine Monſoon, where the Natives plant their little Shops,
filled with Fruits, &c. to the great Convenience of the new Comers, and to the
no ſmall Profit of the Inhabitants, no Village being near, and the European
Companies Magazines being a League to the North of this Bambo Town.
The Houſes of the Europeans here are ſpacious and magnificent, of which the
Engliſh are thoſe who make the beſt Figure; and the Goods brought here for
Europe are Cotton Thread, Wool, and Cloths; and of theſe latter are ſhipped
both white and ſtained ; many. Sorts of Silk Stuffs, plain, ſtriped, &c. with and
without Silver and Gold, painted and printed Linens, raw Silks, Indigo of three
Sorts, Carpets of Silk and Wool, others all Silk, with Silver and Gold, Aloes, Sa-
pan Wood, Coffee, Maldivian Cauries (ſo neceſſary for the Guinea Trade) In-
cenſe, Saltpetre, Borax, Gum Lack, Myrrh, Terra-Merita, Red Bole, Muſk, Be-
zoar, and ſometimes Ambergris, Pearls, Diamonds, and other leſs precious
Stones.
The Commodities of this place fit for the Trade to Mocha, the Coaſt of the Red
Sea, and the Arabia Felix, are coarſe Linen, white, blue, and black. Thoſe for
Bender-Abaſi, and Baſfora in the Perſian Gulf, white Linens, coarſe and fine, with
a few blues and blacks. Thoſe for Sumatra, and all the Kingdom of Achem,
Java, and Macaſare, Linens blue and black, of which many more fine than
coarſe. For the Philippines, all Sorts of Linen, coarſe and fine, white and
ſtained, Carpets, and Silk Stuffs. In Fine, Opium, for the Coaſts of f Malabar,
and the other Places in India, from whence the Pepper comes, as there is nothing
better to truck againſt that Spice.
As the greateſt Part of the Merchants, Brokers, and Indian Manufacturers, are
naturally given to cheating in ſeveral Ways, the Europeans who deal with them
ſhould always be on their Guard, and carefully examine the Quality, Weight,
Meaſures, &c. of every Thing they buy.
Two Ships fail yearly from Surat for the Conveniency of the Mahometans,
who go on Pilgrimage to Mecca, but they are commonly as much laden with
Goods for the Mogul's Account, as the Pilgrims ; and their Returns are ſo rich
as to make Part of the Trade of the Europeans, for the Commodities of Arabia
Felix.
The Turks of Aden and Mocha alſo ſend an annual Ship to Surat, whoſe Cargo
is for Account of the Grand Signor. And it is at this place that the Englipp
Felix ; and here alſo the Perfian Merchants embark with their Goods for the ſame
Places, on which they make great Profits.
Very conſiderable Negociations are made from hence and fome other Parts of
India, by Way of Exchange, and I ſhall therefore mention the Premiums they
are commonly agreed at, with this Remark, that they are not ſo fixed, but that
they occaſionally riſe and fall, as in Europe.
The Exchange from Labor to Surat is generally from 7 to 71 per cent.
From


0 # ASIAA
803
, EC.
From Janabat and Agrå 4 to 5.
From Amadabath i to is.
From Bengal, Patna, Cafembafar, and Ougli, 8 to g.
From Golconda, and the neighbouring Parts, 5 to 6.
And for Goa, 4 per Cent.
Of AGRA
EFORE I quit the Mogul's Empire, it is proper I ſhould take Notice of
this City, which is its Capital, and the Centre of its Trade.
It is ſituated in 28°, on this Side of the Line, on the River Gemini; or Gemma;
which falls into the Ganges.
The Number of its Meidans, where the publick Markets are kept for all Sorts
of Proviſions ; of its covered Bazards, where each Merchant and Artificer have
their Shops and Quarters, of which ſome are half a Quarter of a League long;
and that of its Caravanſeras (above eighty in Number) fuffices to demonſtrate
both the Greatneſs of its Extent, and the Importance of the Commerce carried
on here by Foreigners and its Inhabitants, which is maintained by ſeveral Cara-
vans from Amadabath, Surat, and other places, commonly compoſed of four
or five hundred Camels, and by which Conveyance the Engliſh, French, Dutch,
Moors, Turks, Arabians, Perſians, and other Nations ſend their Merchandizes to;
and receive others from, this Capital, as may ſuit their buſineſs.
Beſides the Indigo of this City (which is the beſt in the World) a large Quan-
tity of Silk Stuffs and Linens are exported; theſe latter principally to the Weſt
and North; and it is here that all the Merchandizes of Boutan and Tartary are
brought, and where the Merchants of the interior Parts of Indoftan alſo come.
Daman, Bacaim, Diu, and Chaoul, are four maritime Places in the Kingdom
of Gufurate; but all four appertaining to the Portugueſe; they alſo were Maſters
of Bombay, between Daman and Chaoul, bút yielded it up to the Engliſh in the
Year 1662, in Favour of the Marriage between King Charles II. and Catharine,
Infanta of Portugal. It is a very good Port, and as ſecure a one as any on the
Daman is ſeated on the Peninſula on this Side the Ganges, and on the Gulf
of Cambaye, between Surat and Baçaim, from which it is equally diftant; its
Situation, and the Goodneſs of its Fortreſs, as alſo the Importance of the Trade
carried on here, makes the Portugueſe regard it better than any other Place they
have remaining in India, although the Buſineſs of Bacaim hardly yields to this;
yet that of both the one and the other, as well as of Diu, is conſiderably decayed,
ſince the Engliſh, Dutch, and other Nations of Europe, have brought Surat into
ſuch Reputation; and the Portugueſe loft, as one may fay, the Empire of India,
of which they had Poſſeſſion for an Age.
Diu, which has the Reputation of being impregnable, has always been, and
ſtill is, the ſtrongeſt Place the Portugueſe have in theſe, Parts; it was here that
they formerly kept their Fleets; and it was alſo here that the Mooriſh Veſſels
were viſited, and took their Paſſports to ſecure their Commerce; ſo that there
was no Place from whence the King of Portugal drew a greater Revenue, either
by the Cuſtom-houſe Duties, or the Produce of the Viſits and Paſſports.
house
Of the Trade of Laſſa, or Boutan, and Chaoul.
BOUTAN, an Indian Kingdom, bordering on the States of the Grand Mo-
gul, is a Country very little known; though there is a Caravan of Mer-
chants, who yearly ſet out from Patna (the greateſt City of Bengal) at the End
The Caravan arrives in eight Days at Gorrochepour, the laſt City
of the Mogül, where the Merchants take Proviſions for the Part of their remain-
ing Journey; from thence to the foot of the Naugrocel Mountains, is eight or
nine Days painful Travel, 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, come to offer themſelves to Paſſengers, for the Carriage of them and their
Merchandize to the foot of the Deſcent." The Proviſions and Goods are laden

Coaſt.

has always
of December,
3
on
$04
GENERAL COMMERCE OF THE WORLD.
on Oxen, which carry about an hundred and fifty Pounds Weight; and the Men
paſs, ſeated on a sort of Cuſhion, which theſe poor People fix on their Backs,
and three Women commonly relieve one another in carrying a Man this little
Journey; on leaving the Mountains there are Oxen, Camels, Horſes, and even
Palanquins, for thoſe who chooſe them, which Travellers do not quit till their
Arrival at Boutan.
A very great Trade in Muſk, is carried on in all the Country of Boutan ,
and it is here alſo, where the fineſt Rhubarb is found; here likewiſe grows
the
Semen contra Vermis (or Wormſeed) and the Country abounds greatly in Mar-
tens, ſo that very fine Furs are to be procured here, but little Gold is to be
met with in the whole Kingdom; and that which is here is brought from abroad
by the Merchants who come to trade. In Regard to Silver, it is believed here
are ſome Mines, and that it is from the Products of the Country, that the King
of Boutan ſtamps his Coin, which is of the ſame Weight and Value as the
Roupies, of an Octagon Shape, with Characters that are neither Indian nor
Chineſe. son shape, wat
Their fole Manufactures are coarſe Hempen or Cotton Linens, with which
they clothe themſelves in Summer; and ill made Cloth, hardly better than Felt,
ſerves for their Winter Clothing.
Chaoul, or Chaul, is a City, as I juſt now mentioned, belonging to the Portia
gueſe, which on their Arrival, and Indian Conqueſts, they took from the King
of Decan; its Trade is very conſiderable, but much leſs than it has been for-
merly; it is, above all, famous for its Silks and Silken Manufactures, with which
it almoſt entirely furniſhes Goa, as well as a great Part of India.
A great many China Ships come here, with the Products of that Country, and
take Spices, which turn to a good Account. The other Fabricks carried on here,
are all Sorts of Varniſh after the Chineſe Manner, and divers Works of Lack of
all Colours, which nearly approach in Goodneſs to thoſe of China. Here are alſo
Plenty of Oxen and Cows; all sorts of Fruit, and the other Products of the Earth,
except Grapes, Walnuts, and Cheſnuts. .
of the Commerce of the Coaſts of India and Malabar.
HAT Extent of Coaſt, which runs from the Frontiers of Gufurate to Cape
Comorin, are called the e Indian Coaſts, in which are found the Kingdoms
of Decan, Cuncan, Canara, Malabar (which alone contains at leaſt eight or
ten, and among them Cananor, Calicut, Cranganor, Cochin, Porca or Porcati,
Calicoulang and Coulan.). Of all which Coaſts the Portugueſe were for a long
Time Maſters, it being from hence that they begun their Diſcoveries and Con-
queſts in the Eaſt-Indies, as Calicut was the firſt City where they landed, and
Cananor the Place where they built their firſt Fortification, which was followed
by others almoſt in every maritime City of thoſe little States; but when their
Affairs began to fall into Decay in the Eaſt, they abandoned and razed that Part
of them which they deemed indefenſible againſt the Dutch, who drove them
out of the beſt, and among them Cochin and Cranganor, which theſe latter took
in 1661, the Portugueſe having only been able to ſave Goa, and a few other ob-
ſcure Places.
Decan is the firſt Kingdom on this Coaſt after that of Gufurate, which for
a long Time was a Province of the Mogul Empire, as well as the other, though
at preſent it is only tributary. Its Sea-Ports, where ſome Trade is tranſacted,
are Geytapour, Rajapour, Carapatar, Dabul, and Sifardan, which conſiſts in Silk
Stuffs, and Cotton Cloths ſent by Sea to Surate, or what the Inhabitants of
Decan tranſport by Land into the Territories of the Mogul, thoſe of Golconda,
and as far as Coromandel; and in this Kingdom it is, where Pepper is firſt met
with.
Rajapour is a City built in the Lands of Sevagy, that famous Rebel, who for a
long Time bufied all the Forces of the Great Mogul, and the King of Vilapour
his Maſter.
It is about twenty Leagues from Goa, and produces Saltpetre,
Linens, but above all Pepper, which is gathered here in Abundance.
Balagate

OF ASIAASIA,
805
, &C.
Balagate, a Kingdom of Aſia, on the Indian Peninſula on this Side the Ganges,
makes a part of that of Decan, and produces a Quantity of Silk and Cotton; here
alſo is found excellent Lack, as good as that of Pegu, Areque, Rice, Betel, in
which the Europeans drive a conſiderable Trade. The Diamonds extracted from
that which the Portugueſe call the old Mine are very much eſteemed, eſpecially
thoſe to which they have given the Name of Nayffex, or dwarf Points, becauſe
they are naturally brillianted: Here are alſo Amethyſts, Criſolites, and thoſe
Stones which the Lapidaries call Hematites.
Cuncan, which ſome make a Kingdom of itſelf, and others place it among
the Provinces of Decan, is noted for the City of Goa ſeated in it, beſides which
it has alſo four others, viz. Viſapour, Saliapour, Paranda, and Wingurla, where
ſome Traffick is eſtabliſhed, in all Things ſimilar to that of Decan.
Goa is the Capital of what the Portugueſe
. poſſeſs in India, taken from the
King of Decan in 1520, by Alphonſo Albuquerque, and continued ever ſince in
their Poſſeſſion, as they have always ſucceſsfully defended it againſt the moſt for-
midable Powers of this Part of India, and ſtill guard it with an extreme great
Jealouſy againſt the Enterpriſes of the Dutch, who having taken from them
almoſt all their other Places, found this at leaſt as convenient for the Trade of
Surate, as all thoſe they poſſeſs on the Coaſts of India and Malabar. This fa-
mous City is ſeated in fifteen Degrees fix Minutes Latitude, in an Ine which the
Rivers Mandoüa and Guani, form at their Entrance, and is the Reſidence of a
Viceroy, who had formerly five large Governments under his Juriſdiction, viz.
that of Moſambique, Maſcate, Ormus, Ceylon, and Malacca; at preſent his Autho-
rity hardly extends beyond Goa, and the Commerce which the Portugueſe carry
on to India, is nearly reduced to that of this City; and even this is ſo trilling,
that one Merchant tolerable rich, and in Credit, might with one Ship only main-
tain it to Liſbon and India.
So that Goa no longer ſupports its ancient Reputation, the Banians, who for-
merly carried on all the Trade, being moved to Surâte, and by their Retreat com-
pleated the Ruin of that little Commerce which had eſcaped the Enterprizes of
the Dutch, the Cruizes of the Malabar Pirates, and, if one may be permitted to ſay
ſo, the Slothfulneſs and Indolence of the Portugueſe themſelves, among whom,
for a long Time paſt, has not been found ſuch valiant Men, as, under the Gamas
and Albuquerques, had made all Apa to tremble; nor thoſe able and enterprizing
Merchants, who had carried their Commerce as far as the Arctick Circle.
Thoſe Traders who ſtill remain at Goa, continue to load fome Cargoes for
Perha, Pegu, Manillas, and Macao; bui beſides that the Ship’s Loadings com-
monly belong entirely to the Indian Merchants, there is hardly a Portugueſe rich
enough to purchaſe a Cargo of two thouſand Pounds Value, inſomuch that in
all India they ſcarce trade for fifteen thouſand Pounds.
Their beſt Returns are thoſe, from Moſambique, although very much diminiſhed,
either by the Loſs of Mombaze and Pate, on the coaſt of Melinda to the Arabians,
or becauſe the Negroes do not bring Gold or Ambergris here in ſuch Quantities
as formerly, through Fear of the ſaid Arabians, who ravage all the neighbouring
Country.
The little Gold which the Portugueſe draw from Moſambique, is diſpoſed of at
Diu and Goa, from whence it ſeldom goes out again, being here converted into a
Coin nominated after St. Thomas, and worth about 5s. 6d Sterling.
It is commonly believed that what has completed the Ruin of the Portugueſe
Trade in India (which, with the Places they ſtill poſſeſs there, might yet revive)
is each Governor's intereſting himſelf 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 conſiderable in it.
There is, however, a Tribunal eſtabliſhed at Goa, to judge and determine the
Affairs of a Company, which for a large Sum obtained ſome Years ago an exclu-
five Grant of the Trade from Moſambique, Monbaz, Macao, and other Places in
India, appertaining to the Crown of Portugal, though I am ignorant how it
proſpers, and it is to be doubted whether the ſaid Aſſociation has not done more
Harm than Good to this Capital of the Portugueſe in the Indies; it is, however,
from hence only that this Nation are permitted to load for Bengal and China.
Baticala,


9 T
806
GENERAL COMMERCE OF THE WORLD.
here, and muſt be paid for ſix Months before the Crop, otherwiſe the Factors
Baticala, the Metropolis of a little than Kingdom in the Peninſula on this Side
the Ganges, to which it has given its Name, carries on a very conſiderable Trade,
aimoſt all tranſacted by fews; it conſiſts principally in Rice, which produces here
two Crops yearly, diſtinguiſhed by no leſs than four different Sorts, of which
the firſt and beſt is called Gracateli; the ſecond Hambucal; the third Canacar;
and the fourth Pacharel; each of a different Value, according to its Quality. The
other Commodities of this Place are, Powder Sugar, Mirabolans, and Sweetmeats
of all Sorts. The Rice and Sugar are exported by the Ships from Ormus; and
the Mirabolans are ſent to Perſia and Arabia: A large Quantity of Copper alſo
finds Vent here for the making Money, and Kitchen Furniture.
Of MALABAR.
I
Have before obſerved that all this Part of India, which from a common Name
is called Malabar, is divided into ſeveral ſmall States, with the Title of King-
doms, which they almoſt all bear, though they have particular Names to diſtin-
guiſh them; of which I fhall give fome Account, or at leaſt of their chief trading
Cities, where the Europeans have Settlements from Goa to Cape Comorin.
The Air is good on all the Coaſt of Malabar, and there is hardly a Country
in Afia more fertile; the black and white Rice, which makes a part of its Trade
(and probably the moſt conſiderable one) is gathered here (as above-mentioned)
twice a Year; and, beſides a Quantity of excellent Fruits, which ſerve for the
Shipping's Refreſhment, here may be loaded a Quantity of Cardamoms, Cinna-
mon, Betel, white Areque (and red for Dying); but above all Pepper, of which
vaſt Parcels are annually exported.
There are ſeveral other Parts in India where this faſt Commodity is produced,
but it no where grows in greater Abundance, or of a better Quality than on this
Coaſt, from Viſapour to Cape Comorin; the largeſt Berry comes from Viſapour and
Canara ; all other Places producing the Grain of a leſſer Size, though theſe are
moſt eſteemed by the Indians, who come here to ſupply themſelves with it.
The Cardamoms are gathered in the Kingdom of Cananor, on a Mountain fix
or ſeven Leagues from the Sea, which it is believed is the only Spot in the World
where they are found; a few of them are tranſported to Europe for medicinal
Uſes, and the reſt to India, Perſia, and Arabia; where the Rice is never thought
good, till ſeaſoned with this agreeable Spice.
The Cinnamon is not near to good as that of Ceylon, and but little of it left,
fince the Dutch rooted up what grew at Cochin; and the Betel is only proper for
the Eaſt.
Miržeou, is the firſt Place of the Kingdom of Canara, near the Frontiers of
that of Vifapour, about eighteen Leagues to the South of Goa; the Portugueſe
had here one of their moſt ancient Fortifications, but the Canarins took it from
them in 1662, after a Defence which neither did Honour to the Beſiegers
Beſieged.
Mangalor, which is eighteen Leagues from Billipatan, and Bacanor nine Leagues
from hence, are the two principal Places of Canara, as well for Trade as the Good-
neſs of their Ports. Pepper, and black and white Rice, are the chief Merchan-
dizes exported from theſe two Cities, the Trade of this laft Commodity being fo
great at Mangalor, as to load fifty or ſixty Veſſels with it yearly.
Onor is a imall Kingdom of Biſnagar, where the Portugueſe have a Factory, and
purchafe almoſt all the Pepper gathered here, which has the Reputation of pro-
ducing the beſt and heavieſt in all India. Here may be ſhipped off about eight
thouſand Quintals yearly, bought of the King of Baticala, who is alſo Sovereign
will return without it. A Quantity of Rice is alſo extracted from hence for
ſeveral Parts of India.
Cananor is one of the largeſt Kingdoms of Malabar, and though it yields to
Calicut in Extent, it greatly exceeds it in Trade and Number of Inhabitants. Its
principal maritime Places are Balipatam, Tramapatan, and Cananor the Capital,
to which it has given Name. The Portugueſe for a long Time preſerved hera



is the birth pila
or

the
I
ÖF ASIA,&C.
802
the firſt Fort they built in India, but loſt it with Cochin in 1662; from which
Time the Dutch who took it, remained in a manner Maſters of the Trade of this
Part of Malabar, which has not leſs than twenty-five Leagues of Coaſt.
The Goods extracted from hence are, Sugar, Pepper, Ginger, Cardamoms,
Areque, Elephants Teeth, Caſſia, Honey, and Ambergris, found at Cape Como
rin. Here is fome Trade carried on in Jewels, as Granate, Sapphires, Hyacinths,
Rubies, Topafles, and particularly a Stone nominated among the Europeans
from the Place of its Produce Cananor Stone, of ſome Uſe in Medicine with the
French. It is aſſerted, that upwards of two hundred Veſſels come here yearly;
and though a confiderable Trade is carried on in the above-mentioned Commo-
dities, it is certain that Rice, in which this Kingdom fo much abounds, is the
chief Loading of them.
Caola is a Village one League to the Southward of Cananor, where very fine
Linens are made; and a little farther Tramapatan, renowned alſo for its Bazar,
Merchants, and Linen.
Bilapatam 'is a City of Cananor, where the greateſt Pepper Trade is carried on;
it is large, and inhabited by rich Mahomet ån Merchants, being ſeated on a ſmall
River, three Miles from the Sea. The Engliſh have a Settlement here, and load
a chief Part of the Pepper they ſend to Europe.
Tilichery, called by the French Tilceri, is four Leagues from the laſt mentioned
Place, three from Cananor (though Mr. Eachard puts it down thirty Miles) and
only one from Tramapatan. The Engliſh have a Fort here, and Prince Onitri gave
the French Permiſſion in 1670 to tranſlate their Factory from Bilapatan here. Its
Trade is the ſame as that of the above-mentioned neighbouring Places, with the
Addition, that here is found fome Sanders, and from this Kingdom is ſhipped a
great deal of Pepper for Perſia, Bafora, Mocha, and Maſcati, at which Places the
ſmalleſt Grain is in greateſt Eſteem.
Calicut, called formerly the Empire of Samorin, is the largeſt of all the King-
doms on this Coaſt, and the Title of Emperor, which all other Princes give to
its Sovereign, ſeems to acknowledge a Superiority; yet, in Reality, all the petty
Kings of this part of India, are wholly independent one of another.
This Kingdom extends from Pudepattan River to that of Cranganor, being about
thirty Leagues of Coaſt, and was once a Place of the greateſt Trade in India, as
well on Account of the Refort here of foreign Merchants, as for the Commerce and
Navigation that its Ships maintained with the moſt celebrated Cities of Afa: But
firſt God, and afterwards Surate carried away the Buſineſs from it; beſides the Coaſt
being bad, and Inundations very frequent, have not a little contributed to drive its
quondam great Trade from hence, though here ſtill remains a tolerable one.
The Engliſh, French, and Dutch have Settlements here, and though it be the
Capital of the Samorin Empire, yet the Court removed farther within Land, and
thereby occaſioned a conſiderable Diminution to the before decaying Trade of this
Place; its Bazar is nevertheleſs one of the handſomeft of Malabar, it containing
four or five Street's always full of rich Goods, of which the chief are Pepper ; fine
Linens; natural Saltpetre, that wants but little Purification, and which is found
in Plenty all over the Kingdom, particularly on the Side of Sirinpatan; Sanders;
excellent Rice, which here, as well as on all the Reſt of this Coaſt, is not one of
the leaſt Objects of Trade.
The Sand of the Sea Shore on the coaſt of Calicut, eſpecially at the River's-
Mouth, is found mixed with Grains of pure Gold, by which many poor People
find a comfortable Subſiſtence, though the Grains are commonly very ſmall.
Tanor is the chief trading Place of a very little Kingdom, from which it is des
nominated, and whoſe King, though his Dominions are hardly ten Leagues fquare,
is as much a Sovereign as the Samorin himſelf.
This City, if it may be called fo, is five Leagues to the Southward of Calicut;
it has only an open Road without any River, and the Inhabitants of its Bazar are
rich Mahometans; this Nation is at Enmity with the Dutch, but ſtrongly allied
with the Portugueſe, and the French'were well received by them in 1672.
Cranganor (between Tanor and Cochin) is but a very ſmall Kingdom, where
nevertheleſs the Portugueſe had a conſiderable Fort, which was called Cranganor
of





808
GENERAL COMMERCE OF THE WORLD.
The Trade carried on by the Europeans here, is very conſiderable, where they
Goodneſs of this Port and Roads on this Coaſt, which are the beſt in India, and
of the Portugueſe, to diſtinguiſh it from the Cranganor of the Malabars: The
Dutch took it in 1662.
Cochin, another Kingdom which commences where the laſt mentioned ends,
had two Capitals diſtinguiſhed like thoſe of Cranganor, and Cochin of the Portu-
gueſe, and was alſo taken by the Dutch in January 1667.
Porco, Percatti, or Percats, comes next; and afterwards Caleconlang, and Cou-
lang, which are the laſt Kingdoms of Malabar. The Engliſh and Dutch have
their Factories in the chief and beſt Places of theſe petty Kingdoms; and the
latter have Forts at Coulang and Cochin, to ſecure the Pepper Trade which is very
conſiderable here, and which their Vefſels yearly load in paſſing, continuing
their Route to Surate, Perha, and the Red Sea, where they diſpoſe of the major
Part, in Exchange for many rich Merchandizes, that all 'theſe Places produce,
and which they bring afterwards to Batavia.
The Traffick of theſe fix ſmall Kingdoms is but little different from that of the
Reſt of Malabar, though there are notwithſtanding ſome natural Productions, that
are peculiar to each of them, and not to be found in the others; which in ſome
Meaſure varies the Trade. In general the Exports from hence are Pepper, Car-
damoms, Laque, Ginger, Tamarinds, Opium, Ambergris, Rice black and
white, Kiſſeri, and Cayang (a Specie of Peale) Sanders, Saltpetre, and Linens of
divers Sorts, though neither ſo fine or well painted as thoſe about Surate, of
which I have already ſpoke; nor thoſe of Coromandel and Bengal, of which I
ſhall treat hereafter.
Coulang is a Kingdom in the Peninſula of India, on the Coaſt of Malabar,
whoſe principal Trade conſiſts (like thoſe before deſcribed) in Pepper, which the
European Ships and Indian Junks come here to load; and there is on the Coaſt a
Fiſhery for Pearls, pretty, conſiderable, which belongs to the King,
Of the Coaſt of the Peſcherie.
TH
HIS Coaſt (properly that of Madura) called alſo the Pearl Coaſt, extends
from Cape Camori (or Camorin) to Negapatan (or Nagapatnam) being the
firſt Part of Coromandel. It has before it the Iſles of Manar and Ceylon, and it
is in the Straits, which ſeparates them from the Continent, that the Pearl
Fiſhery is carried on.
The inland Parts of this Country are arid and almoſt barren, where none of
thoſe Vegetables or admirable Fruits are gathered that render Life fo commodious
in all India; except a little Rice, hardly fufficient for the Inhabitants ; ſo that it
is only the Pearl Fiſhery that keeps the Natives here.
Tutucorin is deemed the Capital of this Coaſt, though leſs for its Grandeur
and Beauty, than for the Fiſhery of Pearls carried on here, and becauſe its In-
habitants are the moſt expert in it; thoſe alſo of Calipatnam are in Eſteem, and
theſe two Towns furniſh the greateſt Number of Boats. The Portugueſe fettled
here on their firſt Arrival in India, and the Dutch took it from them in 1658,
and have kept it ever ſince, ſharing this marine Treaſure with the Sovereign
the Country; all the Oyſters taken being publickly fold as ſoon as the Firhery
Of the coaſt of Coromandel.
TH
HIS Coaſt begins at the Point of Negapatam, where that of the Peſcherie
ends, and reaches to the River Nagund, and the City of Mafulipatan ;
though ſome give it a greater Extent, and continue it to Bengal.
are a great Refuge to their Ships, when during the bad Mouſon, they
to quit the coaſt of Gufurate and Malabar, as they cannot remain there in
Safety
of
is over.
are obliged
The
4
OF ASI A, &c.
809
The chief Eſtabliſhments which the Europeans have on this Coaſt, are Madras,
or Madraſpatnam, Pettepollee, Connimeer, Metchlepatam, Vifagapatam, and Mad-
dapollam (N. B. Patnam means a City in all the Peninſula on this Side the Ganges)
belonging to the Engliſh; Pondicherry, appertaining to the French; Negapatnam,
Nijipatan (otherwiſe Portapouli) Téguenapatnam, Sadraſpatnam, Mafulipatnam,
Datkeron, Bimilipatnam, Nagueruantze, Conjemere, and Paliacate, pofféffed by
the Dutch, and Tranquebar by the Danes
. "I might here introduce St. Thomas,
as a Portugueſe Factory on this Coaſt, being the Place where they tranſact their
Trade from Coromandel, but this Nation has no Fortification here, as others have
at the Places afore-mentioned.
Madras is feated in the Latitude of thirteen Degrees, ten Minutes (Mr. Charles
Lockyer ſays thirty Degrees) North, and an hundred and two Degrees thirty Mi-
nutes of Eaſt Longitude, and after the Dutch had ſhut the Englijš out from Ban-
tam, became the Reſidence of one of the Company's two Preſidents in theſe
Parts, and is now regarded as the Centre of its Trade, either with Europe or
India.
From four to fix Ships is the common Number that arrive here yearly, directly
from Europe, and much the ſame in Return, loading with the Goods of the Coun-
try, and thoſe collected from their other Factories on this Coaſt, or what their
Trade in India has brought here, which are Silk Stuffs, Silk and Cotton Hand-
kerchiefs, Cotton in Thread and Wool, Indigo; all sorts of Mullins and Cal-
licoes; Maſulipatnam Chints, reckoned the moſt beautiful made in the Indies,
and the moſt eſteemed in Europe; Diamonds and other precious Stones from the
Mines of Golconda, &c.
A Trade is carried on from hence by the Factory, to all Parts eaſtward of the
Cape of Good Hope, as to China, Manilla, Batavia, the Coaſts of Java, Jahore,
Malacca, Queda, Degu, Arracan, Bengal, Siam, and all the Coromandel Coalt, with
Achen, Priaman, Indrapore, Bencoolen, Bengal, &c. though the China Voyage is the
moſt deſirable one, on Account of the Returns in Gold and fine Goods; but the
Company having for fome Years paſt fent Ships directly from England there, the
Advantages of a Trade between that Country and Madras are greatly diminiſhed;
and that to the Manillas is of two Sorts, the one carried on by the Engliſh Mer-
chants ſettled on the Coromandel Coaſt, and the others by the Traders of the ſame
Nation from Europe, but both muſt go under foreign Colours, thoſe from hence
under Iriſh, and thoſe from thence under fome Pagan, the Spaniards admitting
all Nations whether from Europe or India, at the Manillas, in their own Ships, and
under their own Colours, except the Engliſh and Dutch, who are denied this Pri-
vilege; the latter for their Attempts to take ther, more particularly for their
Enterprize againſt them in 164.9; though the Prohibition to the Engliſh is un-
merited, at leaſt for any thing I ever heard.
Few or none of our Nation value themſelves on the Iriſh Enſign to go there di-
rectly (this Trade being regarded as illegal here, though permitted there) ſo that
they are generally ſupplied with our Goods, by the other Method open to them;
the Goods ſent from Madras there, are long Cloths, or white Cotton Cloths, of
ſeventy-two Cobdes in Length, and two and a Quarter broad; others of the ſame
Length and Breadth much finer; the fame Species, common Blues; white com-
mon Salempoures; and the ſame blue; various Sorts of Percales, white and blue;
common Cambayes of Madras, and Bengal; Mongonpous, Bengal Taffeties, of
red and mixed Colours, Soufies, common and fine Belelaes, Melchapatan Sattins,
Lampaſſes, and Chites, or painted Linens; Gueraſſes, and raw Silk of Bengal.
Beſides which Indian Commodities, the Engliſh fend a great many of the European
ones; ſuch as Camlets, Cloths, Serges, Hats, worſted Stockings, Cryſtals,
Flanders Lace, Perpetuanas, &c. and when a Cargo is intended for the Manillas
from Europe, ſome good Grave's Claret, and Nantes Brandy in Bottles ſhould be
added, as this finds an advantageous Diſpatch among our Countrymen at Madras,
or if carried on, among the Spaniards at the Phillipines
. The Commodities
brought back to our faid Settlement on Return of the Voyages, are Dollars, Brim-
ſtone, Leaf Tobacco, &c. and fumetimes they touch at China in their Way Home,
and there truck the Merchandize they got from the Spaniards againſt Gold, ás
this leaves a great Profit.
But

9 U

810
GENERAL COMMERCE OF THE WORLD.
Surat 25
to 30.
30 to
3° per Cent.
Golconda, which I have ſo often mentioned in ſpeaking of the Trade tranſacted
either for Extent, or the Buſineſs that Strangers negociate here, or that its Mere
But lately the Gentlemen at Madras have fent their largeſt Ships to Mocha,
Perſia, and Surat, with Bengal and China Goods, calling at ſeveral Ports on the
Malabar Coaſt in their Way, eſpecially at Calicut for Pepper, Cocoa Nuts, Coyr,
Cardamoms, Nux Vomica, Turmerick, Coculus Indi, &c. and Rice is often a
profitable Commodity in Mocha and Perfa, as I have before mentioned.
A Man with a fair Character may eaſily find Money here on his own perſonal
Security at Bottomree, or Refpondentia, to what Port ſoever he be bound, at the
following Rates, viz.
To China, 20 or 25 per cent. China and Perha 40 to 45. Bengal 16 to 18.
Achen 16 to 18. Batavia 20. Pegu 20 to 25. Batavia and Surat 35 to 49.
Manilla
35.
Surat and Perha 35 to 40. And Mocha
Pondicherry is feated 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 ſtrong Fortification, and well garriſoned, as we lately experienced to
our Coſt; their Warehouſes here are large, and the Goods with which they are
commonly filled, deſtined either for Europe, or the Commerce of India, Perhia,
and the Red Sea, are collected leſs from Coromandel than from Bengal, Surat,
and the Coaſt of Malabar, where the French Company's Ships go to load them;
there is notwithſtanding a Quantity of Cotton Cloth made here, and in its Neigh-
bourhood, both white and ſtained, with Muſlins, Silk, &c. all which Commodi-
ties they load for Europe, and make their Cargoes to conſiſt of the ſame Goods
as the Engliſh.
The Coromandel Trade is one of the moſt 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 Coaſt, and even in the Capital of Golconda, of which I have above
mentioned the Chief; although a few Years preceding the End of the ſeventeenth
Century it was become a Sort of an Expence inſtead of Benefit to them, by the
great and continual Impoſitions of the Mooriſh Rajas, which ſeemed not to be diſ-
approved of by the King. This bad Uſage obliged them to arm for obtaining the
Satisfaction which they thought due: They took Maſulipatnam, and by that obliged
the King of Golconda not only to confirm their ancient Agreements, but to add
thoſe that were more advantageous; and alſo to aſcertain in a better Manner the
Cuſtoms on Imports and Exports, which the Rajas, who formed them of their
own Government, only levied according to their Pleaſure, or exacted in Preſents,
near as much as the Company could benefit themſelves, on the Goods they ſhip-
ped or delivered there.
Three of the moſt advantageous Prerogatives that the Dutch now enjoy in the
States of the King of Golconda are, firſt, that no Merchant with whom the Chief
of the Factory is in Treaty about Buſineſs, ſhall be moleſted either in Perſon or
Effects, even for the King's Affairs, till previouſly the Company be ſatisfied in
all their Pretenſions on the ſaid Merchant. Secondly, that the Weavers, Painters,
and other Workmen employed by the Company, ſhall not be interrupted in their
Labours, although for the King's Service, till they have complied with their
Contracts ; and thirdly, that they thall have Liberty to employ what Brokers
they pleaſe, without being obliged to take thoſe belonging to the King of
Rajas.
And they have likewiſe another Privilege which they enjoy in common
the other Europeans, and that is not to pay the Duty of Chappadellallah, that is
marking the Linens, which to the Natives amount to twelve per Cent.
The Goods
which the Dutch carry to Coromandel
, are principally Spices, Silver,
and Japan Copper, Mine
Gold, Malacca Pertter, Quickſilver, Lead, Vermillion,
Camphire, Elephants Teeth, Sanders, Siampan, 'European Cloths and Stuffs; for
which they barter Linens, and all the other Commodities before fpoken of.
with
chants carry into all Parts of Apa.
Beſides
OF ASIA,
&c.
811
Beſides the ancient Domains of the Golcondan Kings, it is encreaſed by a Part of
Biſnagar, and Orixa, this confining on Bengal, and the other Neighbour to the
Mogul
, ſeparated by Mountains from Malabar.
This Kingdom is principally celebrated for two Things, viz. the Port of Ma-
ſulipatnam, and the Diamond Mines, which have been diſcovered for above two
hundred Years, and produce great Quantities of thoſe precious Stones. The ma-
jor Part of the Country of Golconda is ſo fertile, that it commonly produces two,
and ſometimes three Crops of Rice in a Year, ſo that this Commodity makes one
of the principal Articles of its Trade. The Cotton Cloths, and among others, the
painted ones of Maſulipatnam; the Salem pouris, Percalles, and the Betilles of
Golconda and Ragamandraca; the Dongris of Tatepaque; (called Dougrais of Peta)
and the fine Betilles of Nafapori, and of Condèpouli, are not the ſmalleſt Objects of
Trade; and it is an inconceivable Quantity that is yearly tranſported to all Åfra, and
of which too many are brought to Europe. The Commerce of theſe Linens país
entirely through the Hands of Pagans, Natives of the Country; though confined
only to thoſe among them called the Banians, who compoſe the third Claſs or Tribe
of thoſe Idolaters, and who are all Merchants, Brokers, Factors, or Exchangers.
The Indigo of Golconda hardly yields in Quality to that of Lahor, though it is
not ſo good as that of Agra; it is chiefly cultivated at Condepouli, Mafulipatnam,
Sadraſpatnam, Gelapoudi, and Eſcoines, from whence the Dutch uſually fetch it to
ſell at Chaul and Dabul to the North.
Cryſtal, Granates, Topaſſes, Agates, Amethyſts, Bezoar, Betel, Rice, Steel,
Iròn, and a Plenty of Refrelhment for Ships coming there to trade, do alſo con-
ſtitute a Part of their Commerce, which is ſo advantageous here, and at the other
Ports dependent on it, to the Dutch, as to induce themn many Years to employ
upwards of three hundred thouſand Pounds in Goods, of which they ſend a Part
to Europe, and diſtribute the Reſt in India.
Mafūlipatnam is the principal Port of the Kingdom of Golconda, on the Coaſt
of Coromandel, and called ſo from Mafuli (a Fiſh) and Patnam (a City) being a
Name ſuited by the Natives to its Situation, which is upon a River greatly
abounding in this agreeable Food, as its Road alſo does, being beſides the ſafeſt
in all India. Theſe Advantages draw here the Merchants of all Nations, and is
equally commodious to them, and thoſe of the Country, for ſending their Ships
into almoſt all Parts of Apa; the greateſt Number of thoſe bound for Pegu, Siam,
Aracan, Bengal, Cochinchina, the Red Sea, Madagaſcar, and the Manillas, fail-
ing from thence; and though the Exports here are the ſame as thoſe from the
Reſt of this Kingdom, it is principally for the Beauty of its painted Linens, that it
is ſo well known in Europe, of which here are two Sorts (as at Surat and other
Places in India) viz. the one painted with Pencils, and the other only ſtainped;
and notwithſtanding the ſame Colours are uſed in both Species, thoſe painted
greatly excel in Beauty: Theſe Colours, eſpecially the red, are fixed in with a
Plant called Chay, only found in the Kingdom of Golconda along the Coromandel
Coaſt;
and the Advantage which it gives to the Linens wherein it is uſed, is, that
they become more beautiful with waſhing; the Vivacity of the Colours augment-
ing by the Water, and laſting, as one may ſay, longer than the Stuff itſelf. At
Maſulipatnam are alſo found, Salt, Serges, ſome other light Stuffs, and Rice in
greater Abundance than in any other Place on the Coaſt.


Of the Kingdom of Bengal.
TI
HOSE who terminate the Coaſt of Coromandel at Maſulipatnam, call that
the Coaſt of Orixa, which continues to Bengal, and even ſome 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 Coaſt, has many
are all ſo bad, that the Europeans carry on little or no Trade at them,
fo I ſhall paſs on to that of Bengal, one of the richeſt in the Indies.
Bengal is a Kingdom ſituated to the Eaſt of Indoftan, towards the Sea; ſome 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
certain

Ports, they

811
GENERAL COMMERCE OF THE WORLD.
1
certain that there neither is, nor ever was, a City fo called in theſe Parts; and
what is more, there is no City at all, ſeated at either of the Ganges Mouths, as
the ſaid Authors have aſſerted. If there is a Metropolis, it muſt be that where
the Viceroy reſides, which was formerly at Dacca or Decca, but for a long Time
paſt the Court has been kept at Caſembazar; the firſt of theſe two Cities is large,
and ſituated on the Oriental Branch of the Ganges, near fixty Leagues from its
Mouth, and the other is upon the weſtern Arm of the ſame 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 Coaſts, they making the Ganges' Diſcharge into the Gulf of Bengal,
to be at twenty-three Degrees of Latitude, when it is really at twenty-one De-
grees fifteen Minutes; and are alſo very defective in the Situation of Places, which
I thought proper to mention as not foreign to my Subject.
The Commerce carried on here, as well by Strangers as the Inhabitants, is
very conſiderable; and in which here are concerned, Perħans, Abyffinians, Ara-
bians, Guzuratins, Malabars, Turks, Moors, Jews, Georgians, Armenians, and in
fine, Merchants from all Parts of Afa. All the Chriítian Nations eítabliſhed in
India ſend their Ships here, as it is the Merchandize of Bengal that makes a con-
ſiderable Part of their Reloadings for Europe, beſides thoſe they extract for their
Indian Trade.
The moſt trading Cities, and where the Engliſh, French, and Dutch, have their
moſt flouriſhing Settlements, are Caſembazar, Ougli (Ougeli, or Hugueli) Pipeli,
and Bellezoor; to which may be added Patna; for although ſome place it with-
out the Juriſdiction of Bengal
, by making it the Capital of a petty Kingdom fub-
ject to the Mogul, yet as its Trade is all carried on through Ougli, I ſhall not ſe-
parate it from the afore-mentioned Cities.
The Engliſh have their Eſtabliſhments at Ougli, Pipeli, and Bellezoor, the French
at the two firſt, and the Dutch in all the ſaid five Places.
Orgli is the City where all the Nations concur, who carry on the Bengal
Trade, and where the richeſt Merchants of the Country reſide, whether Moors
or Pagans. Its Warehouſes and Shops are always full of rich Indian Goods, but
each Sect of the Natives have their particular Quarters in the Bezars, without
ever mixing, as much for the greater Freedom in Trade, as out of a Principle of
Religion, which hinders theſe ſuperſtitious People from having a too great Fa-
miliarity together.
The Lodge which the Dutch occupy at this Place, is very large and magnifi-
cent, having at once the Air of a Fortification and Palace. The Director lives
here like a Prince; and next to Batavia, this is the Place where the Power and
Splendor of the Company appears in their greateſt Luſtre.
Caſembazar is the Part of Apa, from whence the Dutch draw the greateſt
Quantity of Silks, which they bring down the Ganges to Ougli, and from thence
ſend Part to Japan, and Part to Europe; it is for this Buſineſs that they maintain
a conſiderable Factory here, though they beſides are furniſhed by it alſo with a
Quantity of Taffeties plain and ſtriped, and the fineſt Linens that Bengal produces.
The Crop of Silks at Cafembazar may amount in a common Year to twenty-
two thouſand Bales of a hundred Pounds each, of which the Dutch Company
have Leave to buy only fix or ſeven thouſand, the Reſt are divided between the
Tartars and the Mogul's Subjects, or remain in the Country for the Manufacturers,
At Chiopera, in the Diſtrict of Patna, are the beſt Refiners of Saltpetre,
it is there that the greateſt Purchaſes of this Commodity are made; and from
whence the largeſt Quantity of it comes that is exported from Bengal; and it is
for this Trade only that the Dutch have a Factory here.
It muſt be obſerved, that in Regard to the Merchandize that is extracted from
Patna and Caſembazar, they mutỂ be ready to be carried down to Ougli at the
End of the rainy Seafon, as the Canals by which they are conducted grow dry in
two Months; after the fair Weather Mouffon commences, and then the Land
Carriage greatly augments the Expence.
The Merchandize proper for
Bengal, are Japan Silver, Copper, Malacca Pew-
ter, Vermillion, Alkermes, Quickfilver, Lead, Tables, Cabinets, and other Move-
and
ables
5

OF ASIA, &c.
813
ables japanned, Porcelaine of China or Japan, Looking-Glaſſes, Cloths, and all
Sorts of European Merchandize, Pepper, Spice, Areque, Elephants of Ceylan, and
their Teeth, Birds of Paradiſe, and Ternate Parroquets. The Goods of this Coun-
try's Growth, or that are brought there from the neighbouring Kingdoms, with
which the Europeans uſually load their Ships for the homeward bound Voyage,
conſiſt of raw Silks, called Tany and Mouta, Cotton Wool and Thread, red Wood,
various Boles, Coffee, Cowries (or Cauris) which ſerve for ſmall Money here;
white and yellow Wax, Canes and Rattans, Gutta, Gamba, Bengal, Lahor, Coro-
mandel, and Arga Indigo, three Sorts of Lacque, Myrrh, various Perfumes, Salt,
Rice, Saltpetre refined and unrefined, Terra Merita, Sugar, and Sugar Candy.
With theſe two laſt the Dutch load ſeveral Ships entirely every Year ; Part
for their own Accounts, and Part on Freight for the Mooriſh Merchants, deſtined
principally for Perſia.
There is likewiſe exported from Bengal, Borax, Opium, Grain, Gums, and
Medicinal Roots, embroidered Counterpanes, Carpets, and Stuffs, ſent to China,
Japan, Camboya, Tunquin, and ſeveral other Parts of India (and of which large
Parcels come to Europe) Fruits, Butter (packed in Copper Pots, or Sacks made
of Buffalo Skins) Honey, various Sorts of Sweetmeats, Diamonds (of which here
is an ancient Mine in the Kingdom) and many other Species of precious Stones,
Slaves, either of the Country, where the poor People fell their Children to ſub-
fiſt, or thoſe of Aracan, a neighbouring Kingdom, whoſe Inhabitants exerciſe Pi-
racy more than Trade, and whoſe principal Merchandiſe conſiſts in their unhappy
Neighbours of both Sexes, reduced by them to Slavery.
Although all theſe Commodities make a rich Object of Trade to the Nations
concerned therein, it muſt notwithſtanding be allowed that the Dimities, Tick-
ings, Linens, and other Cotton Goods made here, are Commodities that the
European Companies Ships bring back in the greateſt Quantities, and with
which the Indian Merchants alſo make a great Part of their Veſſels Loadings. It
is in this Kingdom only that the Herb grows of which many Sorts of Goods are
made; and the Natives of the Country who carry on the inland Trade, and
through whoſe Hands almoſt all the European Affairs paſs, are the Banians, who
are all either Merchants, Brokers, Bankers, or Book-keepers, and among them
many are concerned in the Marine Trade, either in their own Ships, or by thoſe
they freight.
Of the Trade of Aſem, or Azem.
HIS Kingdom (in the Great Indies ) is one of the beſt Countries in Afia, ,
rich in the Mines of almoſt all Sorts of Metals, ſuch as Gold, Silver, Steel,
Lead, Iron, &c. It alſo produces a large Quantity of coarſe Silk, and the beſt
Lacque in all the Word. All the Mines belong to the King, and the Gold
is prohibited Exportation, though the Silver Coin makes an Article in Trade,
and may be carried off by Strangers. Another Branch of Commerce, and that
no ſmall one, conſiſts in Bracelets and Collars, for the Arms and Legs, of
which they uſe great Quantities themſelves, and ſend as many to the Kingdom
of Boutan.
Of the Trade of Benares, or Banarous.
TH
HIS is one of the greateſt Cities in the Eaſt-Indies, and ſeated to the
Northward of the Ganges which waſhes it Walls; its Trade is very con-
ſiderable, particularly in Silk Stuffs and Cotton Linen, both white and painted.
The Caravanſeras here are many, and very commodious, in the principal of
which are ſold the moſt valuable Goods, under two vaſt Galleries raiſed in the
Middle of the Court; and as it is commonly the Artificers themſelves who come
here to ſell their Goods, Strangers may have them at firſt Hand, and conſequently
cheaper than in moſt of the other cities of India, where the Banians, Jews, or
Armenians, buy them to reſell.
9 X
Of
814
GENERAL COMMERCE OF THE WORLD.
The chief Officer in Trade
The Dutch are here about two or three hundred Families; the other Merchants
Of Aracan and Pegu.
TH HESE two Kingdoms, which follow that of Bengal, and whereof the lat-
ter's Coaſt joins thoſe of Malacca, are better known in India by the piratical.
Courſes of the one, and the laſting Wars of the other with the King of Siam,
for the famous white Elephant, than for the Largeneſs of their Commerce with
the Europeans; the Engliſh and Dutch however preſerve fome Correſpondence
with Aracan, on Account of the Refreſhments which their Ships are ſometimes
obliged to take there, yet without having any Settlements, although the King has
often invited thoſe two Nations to an Eſtabliſhment in his Country.
In Reſpect to the Kingdom of Pegu, the Dutch ſend ſome Ships here yearly
from their Settlements on the Coaſts of Coromandel and Bengal, laden with
Linens of this Kingdom, from Mafulipatnam and Meliapour, better known
under the Name of St. Thomas.
The proper Linens for this Commerce are
Lagias, or Alegias, Topites, and Corpi Pintadi; the Peguans preferring the Linens
of Meliapour to all others, and it is with thefe that they clothe themſelves, with-
out the Tailor's Aſſiſtance, 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 themſelves to their Knees. There is alſo brought them Opium,
Pepper, Cinnamon, Nutmegs, Sanders, and Wood of Paradiſe.
The Exports from hence are Ginger, Gold, Silver, precious Stones, and Pearls,
which two laſt are contraband, and here muſt be a Permiſſion from the King,
for either buying or ſelling. This Kingdom alſo produces a Quantity of Rice,
and it is from hence that the Dutch carry it to Malacca, beſides which the Ex-
ports are Elephants Teeth, Pewter, Honey, Wax, Cardamoms, Long Pepper,
Cachou, &c.
Of MAL ACCA.
"HIS City is ſeated at two Degrees and a half Latitude on this Side the
Line in the Straits, to which it gives Name, and ſeparates the Terra-
Firma from the Iſle of Sumatra. Alphonſo Albuquerque took it from the King
of Ibor (or rather Gobor) in 1511, and it was unſucceſsfully attacked an hun-
dred Years after by the Dutch though they were more fortunate in 1641, when
they drove the Portugueſe out, after a Siege of fix Months, and have remained
Maſters of it ever ſince. Its Port is one of the beſt and ſafeſt in India, and
may be entered at all Times of the Year, which is an Advantage that neither
that of Surat or Goa enjoys, nor any others of Guzurate or Malabar, which
are all ſubject to the Mouſons. Whilſt it remained in the Hands of the Por-
tugueſe, it was one of the Staples for the Indian Trade, and as a Storehouſe to
all the Eaſt, where the Indian Nations, accuſtomed to the marine Traffick, uſed
to aſſemble.
It ſtill ſupports its Reputation, and its Commerce is yet very conſiderable, par-
ticularly in Linens from Surat, Coromandel
, and Bengal
, which find Vent here,
at Andra, Giery, and in the Rivers of Siaca and Piera, and here are alſo found
other Goods, of which a Part go by Land to Sian and Pegu.
The major Part of the Payments for theſe 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 are ſent to.
that the Dutch Company maintains here is called Chabander, an Indian Name,
which fignifies Super-Intendant, who is independent of the Governor, and has
the fole Direction of the Trade and the Cuſtoms.
are Malayans
, Moors, or Chineſe; theſe laſt only concerning themſelves 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 leaſt Motive to the Dutch for its
Capture, or that now induces them to maintain and guard it with ſo much Care;
but
I
OF ASIA, &C.
815
but its admirable Situation for that of China and Japan, beſides its commanding
all the Straits in which it is ſeated, ſo that no Ñation can paſs to the Eaſtward
without their Permiſſion.
Ligor and Tenaſſerin are two petty Kingdoms in the Peninſula of Malacca, de-
pendent on the King of Siam; the Dutch have Settlements here, and carry on
a good Trade in Pepper and Pewter, of which I ſhall ſpeak in the following
Section, where I am to treat.
Of the Trade of Siam.
"HIS Kingdom, ever ſince the Separation of Túnquin and Cochinchina, is one
of the moſt powerful in India : Its preſent Bounds are Cambaye to the Eaſt,
Lahor to the North, Ava and Pegu to the Weſt, and the Sea of the Gulf of
Siam (to which it gives Name) to the South. Its Capital is Seia-Juthaia, of
which the Europeans have made Judtia, Judia, Judea, and Odia, and the Por-
tugueſe call ii Siam.
This City is ſeated on the Menam, a great River that falls into the Gulf of
Siam four Days Journey from it; and which, like the Nile, regularly overflowing
and drowning the whole Country at periodical Seaſons, renders it very fertile in
all Neceſſaries of Life, particularly in Rice, of which Foreigners yearly export
ſeveral Ships Loading, though large Ships cannot get up the River, but are obliged
to attend and take in their Cargoes below, whilſt ſmall ones may get up to Ben-
cock (five or fix Leagues above its Mouth) but only Barks and Junks can reach
the Capital.
There is no Part of Aſia from whence Merchants are not ſeen at Juthaia, as
they come here from Japan, China, the Philippines, Tunquin, Cochinchina, Chia
ampa, Camboya, the Ines of Sunda, Bengal, the Coaſt of Coromandel
, Surat,
Perha, and Arabia ; and the European Nations that have Settlements here are the
Engliſh, Dutch, and Portugueſe; the French, who had one alſo in 1686, were
driven out from Bancock in 1688, and though they afterwards ſettled in another
Part of the Kingdom, their Trade was ſo inconſiderable, that it may be juſtly ſaid
they have ever ſince ſent more Miſſionaries than Merchants there,
It is only the Europeans, Chineſe, and Moors (that is, all the Mahometans who
are privileged to have Houſes in this City; the Indian Nations having them with-
out, though their Quarters are all ſeparate, where they carry on their Trade, and
exerciſe their Religion.
The Dutch carry on the greateſt Trade here, and the Houſe they built in 1634,
is one of the handſomeſt they have in all the Eaſt; yet this Settlement is only
reckoned the twentieth in the thirty-two principal ones they have in all, under
the general Government of Batavia.
Trade is one of the chief Profeſſions of the Siamois, and it may be truely ſaid,
that their King is the principal Merchant among them, whether for the Traffick
at Home or Abroad.
His foreign Commerce is moſtly to China, where he annually ſends five or ſix
large Veflels; to Japan, where there goes two or three ; to Camboya, Tunquin,
and Cochinchina, the Deſtiny is as many; and in Fine, to all the Coaſts. of India
(eſpecially Surat) and even to Perſia, where there are always ſome of his
Ships, commanded commonly by Chriſtians, as his own Subjects are no great
The inland Trade of the Kingdom, carried on by his Factors, does not only
conſiſt in the valuable Commodities imported by his Shipping, of which his
Warehouſes are always full, and ſold at the Prices he thinks proper ; but alſo in
the different Productions of his Dominions, whether they be the Tribute of his
or what he cultivates in the Lands peculiarly belonging to him: So
that only in Betel and Areque, green and dry, the King's Agents get upwards of
fix or ſeven hundred thouſand French Livres; and it is reported, that the Cuf-
toms of Bancock, and the farming the circumjacent Gardens, produce him more
than four Millions yearly. This Kingdom is rich in Mines of Pewter, Lead, Sil-
ver, and even Gold, though theſe laſt produce but little, and that of a very bafe
Alloy;

ز
Sailors.
Subjects,

816
GENERAL COMMERCE OF THE WORLD.
Breadth, in ſome Places, only ten, twenty, or twenty-five at moſt; and, notwith-
ſtanding its ſmall Extent, it has the Kingdoms of Chiampa and Thien for Tribu-
Alloy; the Pewter Mines of Lagor being the moſt conſiderable, whoſe Metal
makes one of the beſt Branches of Trade that the Dutch carry on here; the Com-
pany having a Treaty with the King, which interdicts the Purchaſe of this Com-
modity by any others than themſelves.
It is with this Pewter that the Dutch ballaſt their Ships in returning for Europe,
preſerving however enough of it for their Indian Trade, where in many Parts
they truck it againſt other Commodities to a very great Advantage.
The other Merchandizes which Siam produces are Wood for building Ships
(of which the Dutch load great Quantities for Batavia) Stags, Beeves, Buffaloes,
and Tigers Skins (of which latter, a ſtriped Sort eſteeemed very valuable, more
eſpecially for Japan) Gum Lacque, Lead, Sapan Wood, Calembeck (or Aloes
Wood) Honey, Wax, Sugar, Betel, Areque, Pepper, Rice, Salt, Varniſh, va-
rious odoriferous Woods, Tea (that comes from China and Japan) Calin (fup-
poſed by ſome a Metal 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, Aſphaltus Woods, Muſks, Ben-
zoin, and Silk; but theſe three laft are brought here from Laor, when that King-
dom is not at War with this of Siam.
The Goods proper for this Trade, and which are principally in Demand at Siam,
are Silk Stuffs, Spices; all Sorts of Chineſe and Japan Commodities, ſuch as flow-
ered Velvets, japanned Works, Porcelaine, Goldſmiths Wares, divers European
Commodities, Gold and Silver Bars; but the Goods that find the readieſt and fureſt
Diſpatch are the Linens from Surat, Coromandel, and Bengal; here are beſides
imported red Coral, yellow Amber, Quickſilver, Sanders, and Cloths ; Pepper
alſo was once a good Commodity, but ſince its Plantation here the Natives have
enough, and to ſpare for Exportation.
Of CAMBOYA.
TH
HIS Kingdom, called alſo Cambodia, was formerly a Province of Siam, but
at preſent only makes it the Acknowledgement of an annual Tribute, viz.
of a Nolegay of golden Flowers. The Capital of this Kingdom, which the Eu-
ropeans call by the fame Name, and the Inhabitants Rauveka, is ſituated at ſixty
Leagues from the Mouth of a River which falls into the Sea, to the Eaſt of the
Gulf of Siam, and which, like the Nile and the Menan, overflows the Country
regularly every Year. The Portugueſe had for a long Time this Trade to them-
ſelves but it is now open to all thoſe who will engage in it; and here are Engliſh,
Dutch, Portugueſe, Chineſe, Japaneſe, Siamois, Cochinchineſe, Malayans, &c. cf
which ſome come with the South, and return with the North Monſoon, and
others quite the reverſe. The Dutch ſend Linens here fron Malacca, of which
the propereſt for this Market are Bengal Caffas, white and red Betilles, Affort-
ments of Seraſſes, and ſome Cotton Thread.
The Goods this Place produces for Exportation are Benzoin, Gum Lacque,
Wax, Copper Balons, Iron Chineſe Pans, Rice loaded for Quinam, and a Quantity
of Stags, Beeves, Buffaloes, and other Savage Animals Skins, which here, as well
as at šiam, are one of the beſt Articles in this Trade, and the eaſieſt ſold, by
Means of the Chineſe and Dutch Traffick to Japan, the former being the moſt
conſiderable Traders here of all the Eaſtern People.
Of COCHINCHINA.
HIS Kingdom is feated between thoſe of Camboya and Tunquin, on a Gulf
bearing its Name; its Length is about an hundred and ten Leagues, and its
taries, where it carries on a very great Commerce.
Its chief foreign Trade is that of China and Japan, carried on by the Chinefe
ſettled here, or thoſe of Canton. The Europeans, eſpecially the Dutch, load many
Merchandizes here; the French, as has been laid of Siam, have hardly any of
their
magine
ole
T
4

OF A Š I A, &c.
817
their Nation here but Miſſionaries. The Commodities extracted of the Growth
of the Place are Gold (which comes from the Mines, or Duſt collected in the
Gravel from ſome Rivers) of Calembac Wood, which grows in the Kingdom of
Champoa, from whence they can only bring it to Cochinchina, and which ſells for
its Weight in Gold, even on the Spot; Pepper is alſo extracted from hence, and
ſent to China; Silks gathered in ſuch Quantities, that even the Cordage of their
Gallies and Fiſhermen's Nets are made of it: Taffeties, which are the only Stuffs
made here; Sugar, ſhipped commonly for Japan; Wax, Areque, and Betel
, Rice,
with which many Ships are annually laden; in Fine, thoſe Birds Neſts ſo much
eſteemed by all the Indians, as a ſalutary Food, which ſerve them at once both for
Aliment and Regale.
Of TUNQUIN.
TUNQUIN (or Tonquin, as it hould be pronounced) was for a long Time
a Province of China, when Cochinchina and Chiampa were a Part of it; at
preſent theſe two Kingdoms are ſeparated, and Tunguin, more compact than
fore, is bounded on two Sides by three Provinces of China, which are Canton
to the Eaſt, and Ivan and Quanſ to the North; to the Weſt it touches on the
Kingdom of Brama, and to the South on Cochinchina, and the Gulf to which
this laſt has given its Name.
The Tunquinois did not till pretty lately renounce the Politics they had learned
from the Chineſe, not to trade with any foreign Nation ; but at laſt they are be-
come more tračtable, having at firſt permitted Strangers to come and trade with
them, and were afterwards emboldened to go and traffick with others, as they now
do at Siam, Batavia, and many other Places of India, they ſend Ships to.
The beſt Merchandize that the Europeans can carry to Tunquin are Gold and
Silver, eſpecially Dollars, although they are not without them; as here comes a
great deal of Gold from China, and a Quantity of Silver from Japan; beſides,
ſome pretend that this Kingdom has Mines of both theſe Metals, though Mr.
Tavernier denies it, and with a reaſonable Probability. Other Commodities brought
here are Spice, Pepper, Quickſilver, . Vermilion, Cloths, and yellow Amber.
Theſe People are open and faithful in their Dealings, in which they are very dif-
ferent from their quondam Maſters the Chineſe, who pride themſelves in cheating
Foreigners, and uſe a thouſand Chicaneries in their Purchaſes and Sales.
Silks are in ſuch Plenty at Tonquin, that both rich and poor equally clothe them-
ſelves with ſeveral light Stuffs made of them in the Country; and the major Part
of thoſe Things, which in other Places are made of Flax or Hemp, are compoſed
here of this Material. The Dutch export great Quantities of theſe Silks for fa-
pan, being more commodious than to fetch thoſe of Perſia and Bengal, as they
did before their Trade was eſtabliſhed at Tonquin.
Here is alſo to be purchaſed Muſk, Tortoiſe-Shell, Aloes Wood (of which here
is fome worth near an hundred and thirty Pounds Sterling per Pound) Sugar in
Pound and half Pound Loaves, proper for Japan; Porcelaines (brought from abroad)
Lacque, Rice, and thoſe Birds Neſts mentioned in the Section on Cochinchina,
which are found in five ſmall Iſands of the Gulf, where both the Tunquinois and
Chineſe go to ſeek them. It is alſo in five other neighbouring Ines that they go
to catch Turtles (or Tortoiſes) which come aſhore there in ſuch Quantities at
certain Seaſons, as to render the Sale of their Shells and falted Fleſh one of the
beſt Branches of Trade in this Kingdom. They have Oranges and Lemons here,
as in all other Parts of India; but theſe latter are ſo four, as to become thereby
uſeleſs for Refreſhments to the Ships, and are therefore only conſumed here in-
ſtead of Aqua Fortis, to cleanſe Copper, Braſs, or Iron for Gilding, in the Dying
of their Siſks, and in the Lyes for their Linens, which makes them of a dazzling
Whiteneſs.
9 Y
Of
818
GENERAL COMMERCE OF THE WORLD.
any other
nefe, ſo that it lets no Profit ſlip, which Commerce offers; trading in, and bene.
Of the Trade of China.
HIS vaſt Part of the Globe, and the Eaſternmoſt of Aſia, is equally famous for
its Fertility, which furniſhes in Abundance wherewith to maintain an exten-
five Commerce, and for the Genius of its Inhabitants, who, more than
People of the World, underſtand to employ in all Sorts of Manufactures and
Works the many rich Products that grow, and are found in the fifteen Provinces
of this great Empire ; which is rendered more adapted to Trade than any
other
eaſtern Country, by the many Rivers and Canals that traverſe all its Diviſions, and
thereby facilitate the Tranſport of its Merchandize; and for Exportation by the
good Ports that fix of its Provinces have, which are waſhed by the oriental Ocean.
The Chineſe Politics making them fear that a Communication with Strangers
might corrupt their Laws, never gave theſe latter any Opportunity to attack their
Liberty under a Pretence of Trade ; but, for ſeveral thouſand Years, fhut the En-
trance to their Kingdom againſt all Nations whatſoever, and were content with the
interior Trade carried on among themſelves; but at laſt the Emperor, having
opened his Ports to all the World in 1685, the Indians and Europeans were equally
forward to improve the Liberty of this new Trade, which they have carried on
ever ſince.
The Portugueſe till then had been the only Nation of Europe who had carried
on any Sort of Traffick directly to China, by Means of their Situation at Macao
(of which I ſhall treat by and by) and the Dutch, deſirous of imitating them,
when eſtabliſhed in the Iſe of Formoſa, having been chaſed from that Poſt in
1661, had renounced this Commerce, or at leaſt, like the Engliſh, only maintained
it in the half deſerted Illes, where the Chineſe Junks brought their Merchandize,
and returned with what they got there from Foreigners.
It is true, that many Indian Nations; and the Dutch themfelves, were never
without the Products of China, but it was what the Chineſe brought, who were
permitted to go to other Parts, at the ſame Time that all others were ſtrictly for-
bidden coming among them; and the Places which the Chineſe Junks frequented
moſt, and to which they ſtill continue the Trade, are Japan, the Manillas, Co-
chinchina, Acbin, Malacca, Camboya, Siam, Tunquin, Patana, Jambi, Andragiri,
(in the Iſle of Sumatra) Batavia, and ſome others.
The Trade with Strangers in China was not only open by Sea, but their Cara-
vans were alſo admitted here, as well from the eaſtern Tartars (who now govern
this Empire) as the Muſcovites, who ſend yearly to Pekin a very numerous one
from Peterſburgh.
China is ſeparated from the States of the Grand Mogul, by ſandy Deſerts ab-
ſolutely impaſſable, and other Provinces of India, by Mountains very difficult to
get over, which hinders almoſt all Trade between theſe different Kingdoms, ex-
cept a very ſmall one on the Frontiers, though it is very difficult to know in what
even that conſiſts, as not one in a thouſand at the Capital knows any Thing of
what paſſes without the City. It is true, the Chineſe have ſometimes gone to Ben-
gal, the Philippines, Batavia, and even to Goa; but this by Stealth, and with the
Connivance of the Mandarines, Governors of the Sea Ports, for a good 'Sum of
Money, which the Court were Strangers to, notwithſtanding it is abſolutely for-
bidden to every Subject of the Empire, to go to any Foreign Part, on any Pretext
whatſoever, without a Licence, or expreſs Order of the Government.
The greateſt Part of the Chineſe, ſpread in India to trade, are of the Poſterity of
thoſe who eſcaped from China, when the Moungalean Tartars became Maſters of
it; and they have only a clandeſtine Communication with the other Chineſe their
Countrymen.
There is no Nation fitter for Trade, and that underſtand it better, than the Chi-
ty, as is elſewhere regarded as the Soul of Trade; in one Word, the Chineſe are
ſpread in Afia, wherever there is any Thing to be got, with the Characteriſtick of
Cheats, Ulurers, faithleſs, full of Complaiſance and Subtlety to manage a good Op-
5



portunity,
OF ASIA, &c.
819
portunity, and all this under the Appearance of plain Dealing and Honeſty, ca-
pable of deceiving the moſt attentive and ſuſpicious; and they commonly ſay pro-
verbially, that all other Nations are blind in Reſpect of Trade, but themſelves and
the Dutch, which latter have one Eye, but they two. As it has always been a
Maxim in the Chineſe Government, to encourage a great Currency of Trade in all
the Kingdom, it may be ſaid that all the People concern themſelves in it; here be-
ing hardly any of the Natives, even the Mandarins, who are not engaged in it, at
leaſt in Partnerſhip with the Merchants, to whom they advance their Money, that
it may increaſe, and not lie idle.
One of the principal Branches of Commerce in China, as well at home as
abroad, conſiſts in Silk and Silk Stuffs, either plain or mixed with Gold and
Silver, of which here is ſo great a Plenty that moſt of the People, and even
Servants, commonly go clad in Sattin or Damaſk. Silkworms are bred in almoſt
all the Provinces of the Kingdom; but Nanquin and Chekiam (eſpecially the
latter) are thoſe where moſt is gathered, and where moft Silk is manufactured,
there not being one Year in which they do not ſend to Pekin near four hundred
Barks laden with Cloth of Gold (or Tiſſues) Damaſks, Sattins, and Velvets, be-
ſides thoſe made by the Emperor's Orders for Preſents to his Ladies, Princes,
and all his Court; all the other Provinces alſo pay a Part of their Tributes in
Silk and Silk Stuffs, which are generally reſold for the Emperor's Account, but
when altogether are not near the half of what Chekiam furniſhes alone. It is
in the Province of Nanquin, that the moſt beautiful Skins are made, and where
moſt of the beſt Artificers come to eſtabliſh their Fabrick, though Foreigners
hardly carry away any of theſe; but almoſt all the Skins that the Europeans Thip,
as well wrought as raw, are manufactured at Canton, or in the Province of which
that City is the Capital, and gives its Name.
There is made in China all Sorts of Silk Stuffs, either net or mixed with Gold
and Silver, as there is in Europe, and many other peculiar to themſelves; and they
have Wools in many Provinces, of which they make ſome Serges, as they are
ignorant in the Manufacture of Cloth, though they have theſe brought here, and
very much eſteem them, more eſpecially thoſe from England, yet they buy
buť little, as the Cloths coſt vaſtly more than the very fineſt Silks that can be
made here.
The Chineſe have alſo various Furs, even of the very fineſt, ſuch as Minevers,
Ermines, and Martens, but they are all conſumed in the Country, in Linings
for Men and Women's Clothes (of which one only often coſts above 2501. Caps,
Saddles, and other Moveables.
The other Merchandize exported from China, beſides wrought and raw Silks
are Cottons in Wool, Thread, and Linens made of them, Braſs in Plates, and
Salınons, Toutenaque, Tea, Camphire, Muſk, Flax, Sugar, Salt, Ginger, Sweet-
méats, Quickſilver, Vermilion, Lapis Lazuli, Vitriol, Ambergris, Rhubarb,
Galangal, China, Mirabolans, China Ink, Horſes, Porcelaine, japaned Works, Pot-
ter's Works, proper for India ; Camlets, Hemp, and Hempen Linens, fine Gold,
Pewter, Iron, Steel, and many Inſtruments made of theſe Metals richly wrought;
in Fine, precious Stones, Pearls, beautiful Marble, Aloes, Roſe, Brazil, and Ebony
Wood, Jeſuits Barks brought from the Manillas; yellow and reddiſh Amber. Af-
ter the lacquered Works of Japan, thoſe of Foiken paſs for the beſt, and though
there are good Artiſts in this Manufacture at Pekin, yet they fall ſhort of that
Beauty and Perfection ſo conſpicuous in the Fabricks of Japan and Foiken, as
much as they exceed any Thing of that Nature attempted in Europe.
In Regard to the Merchandize proper for the Trade of China, Plate is the
Baſis, whether in Dollars, as they come from the Manillas, or in Bars, as the
Dutch bring them from Japan; the Chineſe, who have none, eſteeming it greatly,
and willingly truck their Gold and beſt Commodities againſt it. And whilſt I
am on this Subject, it will be not improper to remark, or unprofitable to my
Reader, that in this Traffick, the Difference between Gold and Silver
puted as one to ten, whereas the Difference in Europe is as one to fifteen, ſo
that great Advantages are made by carrying the latter thither. Spice and Pepper
alſo find a good sale here, particularly this laſt
, wherefore the Dutch always
make it a Part of their Loadings ; there are alſo brought here Linens of various
Sorts,


com-
820
GENERAL COMMERCE OF THE WORLD.
and red Crapes, Ginſeng, thin Crimſon Sattins of Canton, coarſe Porcelaine for
Sorts, Cloths, Serges, Eftaminas, of divers Species of Colours, of which the
red, white, and black are moſt in Eſteem, Sanders, Elephants Teeth, Amber,
and red Coral, though pale.
What has been hitherto ſaid of the Chineſe Trade, has been but little more than
the Tranſactions of the inland Part of this vaſt Empire, by the Inhabitants of
the different Provinces that compoſe it, and with taking ſome Notice of that
Trade which Foreigners, eſpecially the Europeans, carry on here, fince the Em-
peror opened his Ports to them; I ſhall now therefore enter into a Detail of the
Commerce that the Chineſe carry on in their own Ships in all parts of the Eaſt.
Of the exterior Trade of China.
CANTON is the Port where all the Chineſe Junks are loaded for Abroad, and
where they come to bring their Returns; the Places for which they com-
monly load are, as has been already obſerved, the Ife of Hainam, Cochinchina,
Camboya, Tunquin, Siam, Batavia, Japan, Manilla, Surat, Maldives, and Achen,
of whoſe Trade I ſhall ſpeak in Order.
Of the Commerce of Canton to the Iſland of Hainam.
THI
HIS Iſand, ſituated nineteen Leagues to the South-Weſt of the River Can-
ton, is Part of the Emperor of China's Dominions, ſo that ſeemingly it ſhould
not be comprized in what I have to ſay of the exterior Trade of China; but as
they themſelves count it among the Places of their foreign Traffick I ſhall there-
fore begin with it, as I propoſed.
Veſſels may go and come from Canton to the Iſle of Hainam all the Year,
but the beſt Seaſon for leaving Canton is the End of November, and that of re-
turning from Hainam the Month of June; thoſe who depart in the good Mouſon
may make their Paſſage in leſs than eight Days, but thoſe who fail againſt the
Mouſon, commonly employ a Month, and ſometimes fix Weeks in the Voyage.
The Goods they carry with them to Hainam are wrought or unwrought Iron,
Iron Chaldron, Cotton, Cotton Linens, called Canques of Foiken, ditto of Nan-
quin, common Straw Matts, and Garlick. The Commodities in Return for Can-
ton are various Sorts of Rattans, yellow Wax, Galangals, Veniſon ſalted and
dried, Areque, Cocoa Nuts, Stags Skins, and Nerves, and Aloes Wood, of which
it is ſaid there is thirteen Sorts.
Commerce from Canton to Cochinchina.
HE King of Cochinchina is the only Merchant that may publickly be dealt
with, yet ſometimes he permits Particulars to buy and ſell; and though
the Licence for ſo doing coſts dear, it is notwithſtanding always very advantageous,
and every Ship on Arrival makes to him, or his Officers, a Preſent to the Value
of about four hundred Taels.
The Chineſe Veffels leave Canton the Beginning of March, and commonly
arrive at Cochinchina about the 15th, though ſometimes the Weather detains them
till the 25th; and to return from hence they muſt ſet out the Beginning of July,
having generally the fame Paffage coming as going.
The Goods proper for Cochinchina are the Caches (a Copper Money) of Hai.
nam and Canton, Brimſtone, Saltpetre (though it muſt be obſerved that both
theſe laft Commodities are not permitted to be loaded at one Time, in the fame
Ship, nor either of them ſeparately, without a particular Licence, which always
coſts dear, as theſe are prohibited Exportation from China) Gold Stuffs, fine white
,
Pagods, Glaſs Bracelets, ordinary and
fine, Iron Kettles, and Leaf-Gold. The
Returns from thence are in Gold Ingots, 'Agracaramba Wood, Darts, Areque,
(the beſt in India) black Wood, Rhinoceros Horns (of three Sorts) Buffaloes and
Cows Horns, Pepper, Fiſh, called Bitchemaree, Sea-Dogs Skins, ſtrong coarfe
Silk


I
OF ASIA, &C.
82 1
Silk Stuffs, Birds Neſts, white Sugar, and Sugar Candy, and Japan Wood for
ſtaining yellow.
Trade of Canton with Camboya.
HE Chineſe Veſſels, which carry on this Trade, fail from Canton the Begin-
ning of January, and ſpend in their Paſſage from fifteen to thirty Days,
according as the Weather favours; their Return is commenced at the End of
June, that they may arrive in China by the ſucceeding Month. The whole
Commerce is contracted in the ſouthernmoſt part of Camboya, near three hun-
dred and fifty Leagues from the River of Canton. Every Ship, on Arrival, makes
a Preſent to the King, and his four principal Officers, of three or four hundred
Taels, and then have Liberty to trade with whom they pleaſe.
The Commodities commonly ſent here are only five, viz. Iron Anchor Flukes,
Umbrellas Rattan Mats, all Sorts of Fruit, and Porcelaine. The Returns are
Sapan, or Brazil Wood, Elephants Teeth, Lacque, Lounge for painting yellow,
Birds, Buffaloes, Chameaux, Cows and Stags Skins, Buffalo and Cows Horns, Pea-
cock Feathers, and Taffouſia, a medicinal Drug.
Canton's Trade with Tunquin.
TUNQUIN is two hundred and twenty-five Leagues from the River of Can-
ton, which is commonly failed in ten or twenty Days, and the Return much
the ſame; the Seaſons for departing and coming back, are the Beginnings of fa-
nuary and July. The Preſents which theſe People make the King and ſeven of his
Officers hardly amount to three hundred Taels, though all other Nations pay a
great deal more: The Merchandizes carried thither, are Canton Caſches, Iron
Kettles, ſmall Braſs Cannon, Pewter in Gilt Leaves; all Sorts of Drugs, at leaſt
an hundred Species, ordinary Porcelaine, Cloves, Pouchoc, a Drug ferviceable in
Medicine, and for dying yellow Silk, or thin Taffeties, red Crape of Canton, Gauzė
of the third Sort, Glaſs Necklaces, Vermilion, Alum, Rupiedſy (a Drug for
dying Black) and all Sorts of Chineſe Fruit. The Goods laden in Return are, yel-
low Raw Silk, Mudis, or Stuffs made of a Tree's Bark, ſeveral Sorts of Taffeties,
coarſe and fine Canques, or Cotton Linen, Brazil Wood, Cinnamon (not extra-
ordinary good) Lacque, Aniſeeds, and Caramangee, a medicinal Drug.



Commerce of Canton and Siam.
that they
THI
HE Ships ſail from Canton to Siam about the 20th of November, and are
thirty or forty Days in their Paſſage, and their Return is begun in June,
may all arrive in the Month following; and the King here, as in Cochin-
china, is the only one to trade with.
The Chineſe carry a large Quantity of all Sorts of Goods here, and bring no
fewer back; the outward-bound Cargoes conſiſting of wrought and unwrought
Iron, Toutenaque, Allum, white Sugar, wrought Copper, Latten and Iron Wire,
Copper Baſons of different Sizes, caft Copper Ciſterns, Iron Kettles, five within
one another (all which Commodities ſerve as Ballaſt) Damaſks and Sattins of all
Colours, ſtriped and common Taffeties, Gauzes, ſewing Silk, Marelle, a red Nan-
quin Paint, Chuangon, a Medicinal Drug, Figie-caque, a Chineſe Fruit, Sugar
Candy, Raiſins, Prunes, dried Cheſnuts, Water Melon Seeds, Copper Drums, cal-
led Gans, Quickſilver, and three Sorts of Gold Wire. The Goods that compoſe
their Cargoes in Return, are Elephants Teeth, Lead, Pewter, Areque, Brazil
Tafoulic, or Wood, Taffouffa, a Medicinal Drug (all which ſerve for Laftage)
Lacque, Horſe, Cows, Buffaloes, and Stags Skins, Buffalo and Rhinoceros
Horns,
Myrrh, Loung, Birds Neſts of three Sorts, Puchoc, Incenſe, Birds Skins with
their Feathers, Peacocks Tails, two Sorts of Stags Nerves, and Caye-lac, an odo-
riferous Wood for burning in their Pagods.

9 Z
Of
822
GENERAL COMMERCE OF THE WORLD.
BAT
A
Camphire of three Sorts, Puchoc, Incenſe, Myrrh, Lounge, Muſk, Rhubarb,
Of the Trade between Canton and Batavia.
AVIA is ſeven hundred Leagues from Canton, and Ships which go from
the former to the latter fail the Beginning of December, in Order to arrive
in the following Month; and when they return ſet out on the ſecond or fourth
of June, and get home in July. The Goods the Chineſe carry with them ate,
Toutenaque, Gold, fine and ordinary Porcelaines, ſeveral Sorts of Tea, Copper
Baſons, Gold Wire of Canton and Nanquin, Sattins, and Damaſks, the greateſt
Part black, Taffeties, three Sorts of ſewing Silk, Aniſeeds, Quickſilver, Ver-
milion, Muſk, Borax, Iron Kettles, five and ſeven in one another, Rhubarb, Ar-
caſſoul, a Medicinal Drug, Copper like the Japan, very thin Canton Taffeties,
of all Colours, Canton Glaſs, and China Root. The homeward bound Cargoes
conſiſt of Lead, Pewter, Pepper, Incenſe, Puchoc, Caremangee, Camphire, Co-
ral, Rattan and other Mats, Rattans, Nutmegs, Cloves, yellow Amber, Myrrh,
Affa-Fætida, Azeboucq, a Medicinal Drug, Guinea Pepper, Birds Neſts of two
Sorts, and Sugar Candy.
Commerce from Canton to Japan or Japon.
S I ſhall have Occaſion to treat amply of this Illand, in the Chapter that
will be dedicated to it, there will be no Room to enlarge on it here; ſo
I ſhall only confine myſelf to that carried on by the Chineſe, in a large Num-
ber of Junks that they yearly ſend to this place from Canton; that the Port of
Japan, which their Buſineſs leads them to, is called Langi- Afakie, ſituated in
thirty-fix Degrees ſix Minutes of North Latitude, and in an hundred and fifty-
one of Eaſt Longitude.
In order to ſecure a ſucceſsful Paſſage, the Veſſels ſhould leave Canton the
Beginning of May, that they may get to their intended Harbour in about twenty-
five Days, as a timely Arrival is of the utmoſt Importance to the Sales of their
Goods, a Preference being always given to the firſt Comers, when the Merchants
or Captains demand it; and this Claim ſhould never be neglected, as the Chineſe
fend ſo many Junks in ſome Years, that ſeveral which arrive laft, are obliged to
carry all, or at leaſt a Part of their Cargo back again.
On approaching the Harbour, the Veſſel muſt anchor at three Leagues Di-
ſtance, to give the Cuſtom-houſe Officers Time to viſit her, and take the Captain's
Declaration, which muſt be in Writing, and contain his Name, that of the Junk,
the Place he came from, and thoſe he touched at, the Number of his Crew, when
he failed, the Condition of his Goods, the Size of his Veffel, the Number of his
Guns and fmall Arms.
As ſoon as the Viſit is over, the Japoneſe Pilots and Sailors come aboard, and
carry the Veſſel into Port, where, when anchored, the Loading is delivered into
the Warehouſes, which the Director-General of Trade furniſhes; where the Sales
are made on the Day, and at the Hour, appointed by him.
The Goods proper for this Voyage are, Coral in Grains, Agracaramba (an odo-
riferous Wood) Ultramarine (none but the King of Japan can buy theſe Commo-
dities) Enamel of five different colours, Alum, Iron, Toutenaque, white and brown
Sugar (which five Articles ſerve for Ballaſt) Sattins, of which more than two Thirds
are black, white Taffeties, of Canton and Nanquin, white and red Crape of Nanquin,
Canton fiſhing Lines
, Vermilion, raw Silk of Nanquin, Galanga, Legumen, yellow
Lacque, as it diſtils from the Tree, Areque Bark, Ychitzee, a medicinal Drug:
Caramangee from China, Folio Chiroze (a medicinal Drug) yellow Wax, Chineſe
white Linen of ſeveral Sorts, green Alum, Honey, Chienfou (a medicinal Drug)
Sugar Candy, Benzoin, Aloes Wood of three Sorts, Gum Sandrac, Tortoiſe Shell
,



This Veffel, the Number

In Return the
Cinnamon, Chuangon (a medicinal Drug) and a very bad Saffron.
Chineſe take Lacque or Varniſh, Porcelaines
, fine Pearls
, Steel, wrought Copper,
and a Sort of Camphire proper for China.
Trade
OF ASIA, &c.
823
Trade from Canton to the Manillas.
HESE Illes are two hundred Leagues from the River of Canton, where
the Chineſe Ships fail for in the Month of March at lateſt, and depart
from thence in July. All the Junks that go this Voyage make the Governor
and Superintendant of the Cuſtoms at the Manillas, a Preſent on their Arrival,
which at firſt was only voluntary, but the Continuance has made it become a
Right.
This Trade was formerly very advantageous, but it is greatly decayed; in 1700
the Goods from Canton loſt 30 per cent. at the Manillas, and though after-
wards they grew ſomething better, yet nothing in Compariſon to the Value they
once bore there. When the Spaniards go from their Iſlands to Canton, they
carry a Parcel of Embroideries, and a little Muſk with them; and what a Chi-
neſe Cargo for the contrary Voyage conſiſts of, is Toutenaque, Iron, Porcelaines
of all Sorts, Canques of Canton, and others of Nanquin, very ordinary Sailcloth,
ſeveral Sorts of Cloths called Nunna, flowered Damaſks, plain Sattins, various
Species of Taffeties from Canton and Nanquin, white and red Crapes, plain and
flowered Moeres, with raw and ſewing Silks. In Return, they bring Brazil
Wood, Stags Fleſh, ſalted or dried, Stags Nerves, and Pearls.

F
Of the Trade from Canton to the Maldives, touching at Achem.
OR this Voyage a Ship of an hundred and fifty to two hundred Tons Burthen
is the propereſt, navigated with five or fix Europeans at moſt, and the Reſt of
her Crew Laſquares or Lalcars. The Seaſon for failing is the End of October, to
arrive at Achem between the firſt and tenth of December at lateſt, that they may de-
part for the Maldives in Time.
he Loading of this Vefſel thould be compoſed
firſt, with Merchandize proper for the Moors of Achem, who trade for Surat.
Secondly, with thoſe convenient for the Natives there. And thirdly, with ſuch as
may ſuit the Maldivean Market. The Goods for Surat are, fifty Ton of white
Sugar, an hundred Pieces of Japan Copper, twenty to fifty Pieces of Sugar Candy,
two hundred Pieces of Toutenaque, twenty to forty Pies of Quickſilver. The
Goods for the Natives of Achem are, coarſe Porcelaine about five hundred Taels,
Copper Bafons of different Sizes, twenty Pies of Chineſe Tobacco in Pound and
half Pound Papers, fifty Pieces of Gold Canton Thread of the third Sort, twenty
Catis, the Ends muſt be of Silk, three or four Braces of fine Coffee, and Tea
Cups and Saucers, fifty Pieces of Taffeties ſquared, ſuch as are ſent to Siam for
Women's Petticoats, fifty Pieces of five threaded Damaſks, with red, blue, and yel-
low Flowers. The Returns made from thence are in Shells called Cauris, or
Cowries, which ſerve as Money in many Parts of the Eaſt Indies, as they do on
the Coaſts of Africa, where the Europeans carry them, dried Fiſh, and the Bark
of the Cacao Tree, prepared for Spinning to make Cables with. There may like-
wiſe enter into the Canton Cargo for Āchem, ſeveral Species of European Goods,
ſuch as all Sorts of Nails, Iron Anchors from three to fourteen Quintals Weight,
Iron Guns from two to five Quintals, Wine and Brandy in Bottles, fome Chiſ-
fels, Spectacles, twenty Barrels
of Pitch, Paper, Iron in flat broad Bars, Cordage
from one to five Inches thick, Padlocks, and alſo ſome blue Linen for Women's
Petticoats.


Of the Engliſh Trade from Madras to Canton.
THE
THE Ships fail on their Voyage in the Month of July, and arrive there in
Auguſt or September; ſometimes they loſe their Pallage, in waiting too long
for thoſe from Europe, to get Dollars, as without theſe they can do nothing
in Trade to China. "They fail on their Return from Canton in January or Fe-
bruary, and their Voyage, either going or coming, is from forty-five to ſixty
The Goods carried from Madras, are Engliſh Lead, Lead and Pewter from
Pegu, Malaccan liquid Storax, Rattans from the fame Place, Incenſe, Affa
, Fætida,
Madras
Days.
4

824
GENERAL COMMERCE OF THE WORLD.
Madras red Wood, Myrrh, Puchoc, and fine Pearls of all Sorts. The Goods in
Return are Gold, Copper from Japan, and ditto from Canton like the other,
Toutenaque, Allum, Quickſilver, Vermillion, ordinary Porcelaines for the Moors
Uſe, white Sugar, and Sugar Candy from China.
Of the Trade from Surat to Canton.
TH
HEY carry from Surat to Canton the fame Goods as from Madras, beſides
a Quantity of Cotton; and thoſe brought back from Canton are alſo the
fame, except the Gold. They ſail from Surat in the Month of May or June,
in Order to arrive at Canton in Auguft, and come from thence about the 15th of
December, to finiſh their Voyage in March.
The Europeans Commerce with Canton.
THE
HE Ships which annually arrive here from England, France, Portugal, and
Holland, commonly bring the following Goods, viz. Silver, in various Coins,
all Sorts of fine Cloths, Camlets, Serges, and other Woolen Stuffs, fine Linens
from Holland; Clocks and Watches, Looking-Glaſſes of all Sizes, Mathematical
Inſtruments, Engliſh Etwees, Pencils, Paper of all Sorts, various Ornaments for
both Sexes, ſome European Liquors, and eſpecially Wine; of all which Commo-
dities a good Part is diſtributed in Preſents to the Mandarines in the Government of
this Place, and the Merchants generally make a conſiderable Advantage of the Reit.
They employ the Silver they carry in the Purchaſe of divers Sorts of Goods, in
Virtue of certain Agreements made before-hand, which are raw Silk, Damalks,
wrought according to Patterns given ; plain Silks, lacquered Wares, Green and
Bohea Tea, Badianes (a Seed from the Anis Tree growing in China, ſo called
from the ſmell which its Wood has, like that Aromatick in Europe) Canes and
Porcelaine after the Models and Paintings directed. They alſo ſometimes buy
Gold here, though but ſeldom, as they have it much cheaper in India. At Canton,
ſome precious Stones (excepting Diamonds) are likewiſe to be met with, though
never in any great Quantity.
It is at Quantung and Foiken, that the beſt Chineſe Brocade Silks are made, and
of which a large Quantity are brought to Europe; all which Commodities are
purchaſed with ready Money; and the Sales of European Goods are on the ſame
Terms, as Strangers find a conſiderable Difference in their Disfavour by Barter,
and therefore maintain the Method of buying and ſelling for ready Money only.
In 1720, a Commiffary from the Minhppi Company arrived at Canton, and
obtained Liberty from the Court to refide there; but on his propoſing to load a
Ship, he found ſo many inſurmountable Difficulties lying in his Way, that he
thought beſt to decamp, and quit his uneaſy Reſidence; in the fame Year alſo a
Ship arrived under the Emperor's Colours from Oſtend; the Fate of which Com-
pany being ſo well known, I have no Need to enlarge about it.
Beſides what is before-mentioned, there are tranſported from Europe to China,
and from China to Europe, a thouſand Trifles, which make a conſiderable Gain,
though they are too numerous to be particularized; I ſhall therefore omit attempting
it, and proceed to give ſome Account of the Trade carried on between the two
Empires of Ruſſia and China, as it properly comes in here, and for which Mr.
Lange has furniſhed me with Materials in his Journal, &c.
preſent
our
A State of the Trade between Ruſſia and China in 1721 and 1722.
UR Commerce with China (ſays the above-mentioned Author) is at
a
Caravans ſo much as the Commerce maintained at Urga (the Chan of the Weſtern
Moungales Camp, tributary to China) for from thence arrive at Pekin Monthly,
nay Weekly, not only the ſame Goods as our Caravans convey there, but of a
better Quality, and carried in ſuch Quantities by the Chineſe Merchants, who are
continually coming and going between Pekin and Urga, and thoſe which the Lamas
I
or
OF ASIA, &c.
825
or Moungalean Prieſts furniſh on their Part, that makes the Value amount to four
or five Times as much as a Caravan going under her Czariſh Majeſty's Name;
beſides, Particulars are able to bring theſe Commodities ſo much cheaper to Mar-
ket, than the neceſſary Expences of a Caravan will permit the Commiffary of it
to do; and having not only the Advantage of travelling cheaper, but alſo quicker,
they have an Opportunity to foreſtall the Market, and ſell their Goods before
the Caravan can arrive; it is, therefore, our Author's Opinion, that except the
Trade between Ruſia and Urga be prohibited, only with the Allowance of car-
rying their Cloths and Ruſſia Hides, the Ruin of the Caravans is certain and
near, and which may in the End draw on that of all the Muſcovite Trade in
thoſe Parts. The Goods commonly brought from China to Ruſia are, ſmall
ſtrung Pearls, fine Gold, various Sorts of raw Silk, Damaſks' of different Good-
neſs, piain and flowered Sattins, ſeveral Species of Silk Shagreen, ſpun Silk, Cot-
ton Cloth, all Sorts of Green and Bohea Tea (which they might have in greater
Perfection in Ruſia, than in any other Part of Europe, as the Northern Provinces
of China produce by far the beſt, and the Muſcovites have this by the Way of Si-
beria; ſo that, would they be careful in its Package, it would naturally retain a
higher Flavour than that which comes by Sea from Canton; but their Indolence
leading them to a Neglect of this Precaution, their Teas are generally tainted, and
contract an ill Taſte, of which their Delicacy renders them greatly fuſceptible)
Badianes (before deſcribed) Porcelaines, Carpets, Silk Flowers ſtuck on Paper,
and ſome Tobacco. The Commodities ſent from Peterſburgh to China, are Jewels
of ſeveral Sorts, Sables, white and common Fox, Lynx, Beavers, Ermine, Minever,
Badger, and Seal Skins, with ſome Teeth of this laſt Animal.
I might here add ſomething of the French Traffick to China, as I ſaid but
little about it, in treating of that Nation's general Commerce; but I omit it now
for the ſame Reaſons I did then, viz. becauſe both their outward and homeward
bound Cargoes, are in all Things ſo like thoſe I have mentioned in the Engliſh
Trade, that a Repetition would be fuperfluous.
Of MACAO.
LTHOUGH the City of Macao is not to be reckoned amongſt the moſt
conſiderable ones of China, either for Grandeur or Number of Inhabitants,
yet it merits a particular Regard, on Account of the Reputation that it has al-
ways held among thoſe where the Portugueſe have been eſtabliſhed in the Eaſt,
and ſtill poſſeſs there; as alſo becauſe it is the firſt where the Europeans opened
the Trade of this great Empire, and which it enjoyed alone near two Àges, that
they were permitted to come and trade in it.
This famous City is ſituated in a Peninſula of the Oriental Ocean, on the Coaſt
of the Province of Canton, to which it is joined by a Slip of Land, at forty
Leagues by Sea diſtant from its Capital, where the Portugueſe ſettled the Begin-
ning of the ſixteenth Century.
Before the Chineſe were familiarized with theſe new Comers, who, under Pre-
tence of trading, were already poſſeſſed of the ſtrongeſt Cities of India, and their
Fleets Maſters of the Eaſtern Seas, it was only permitted the Portugueſe to come
annually
with their Goods to the deſert Iſle of Sanchan, and there to open Shop
in Huts, made in Haſte of the Boughs of Trees and Turfs, without being licenſed
to build any Houſes. Their Credit increaſing, they advanced to Macao, ten
Leagues from Sanchan, where they afterwards improved what Opportunities of-
fered, to ingratiate themſelves, and obtained Permiſſion to build Houſes and Ma-
gazines, and to encompaſs their new Town with a ſingle Wall.
The Dutch, jealous of the China Trade, where they could not be received,
attempted to drive theſe Portugueſe out a hundred Years after their Eſtabliſh-
ment; but, having miſſed their Aim, their Enterprize only ſerved the better to
ſecure their Enemy's Settlement, as the Portugueſe laid hold of this Occaſion to
obtain the Liberty of fortifying their Habitation, which was granted, as they
were better liked for Neighbours than the Dutch.
The
IO A

826
GENERAL COMMERCE OF THE WORLD.
trucked againſt the Manufactures and Products of the Country; and the Coreans
The Fortifications of this place are fine and regular, and the Portugueſe have
now built three Forts, on as many Eminences, or little Mountains, always guarded
by a ſtrong Garriſon, and defended, as is ſaid, by two hundred Pieces of Čannon.
The Ilāhmus, which joins the Peninſula of Macao to the Continent, is ſhut
out by a furong Wall, built acroſs it, that has a Gate in the Middle, by which
all the Chineſe may come in, and go out, but no Portugueſe may paſs it, on
Pain of Death; it is at this Gate, where the Emperor of China's Officers are paid
the Cuſtoms of Importation and Exportation, on all the Goods, Proviſions, and
Fruits, which are brought to or carried out of Macao by Land. All the Portu-
gueſe Trade was at firſt ſhut up within the Circuit of the City, where they receive
their Merchandize, and where the Junks from Canton, and the other Maritime
Provinces of China, came to take them in Exchange for their Silks, Stuffs, and
other Chineſe Manufactures and Products.
Afterwards, ſome Merchants of Macao had Permiſſion (for it was not indif-
ferently granted to all) to go twice a Year to the Fairs at Canton, and purchaſe
what they thought proper, who generally left Orders for ſuch Goods as they
fhould want next Voyage, that they might be making during the Time
between the two Fairs, which if they ſpent there, it was always on board their
Ships, as well for their own Safety, as to avoid the extreme Miſtruſt and Info-
lence of the Chineſe, and they were obliged to pay large Sums to the Viceroy for
Leave to trade,
It was with theſe Goods they carried from Canton, and thoſe that the Chineſe
Junks brought to Macao, or what came in by Land, that the Portugueſe formerly
compoſed all thoſe rich Cargoes that they yearly fent to Japan, the Manillas, and
all the Parts of India from Goa to China, where they carried their Trade to, before
the Dutch came to interrupt them.
At preſent this Trade is almoſt reduced to nothing, and they enjoyed but few
Advantages from the Treaty they made in 1680 with the Court of Pekin, by
which it was agreed that they only ſhould tranſact the whole Commerce of China,
excluſive of all other Nations; this Privilege having laſted not quite five Years,
as the Ports of this vaſt Empire were opened (as before mentioned) in 1685, to
all thoſe who would come to trade there.
Commerce of the Kingdom and Peninſula of Corea.
THE
HE Kingdom of Corea, called alſo Caoli, and Tiocencouk, extends from the
thirty-fourth to the forty-fourth Degree of Latitude. On the South it is
very near to Japan; and on the North it joins to China by a high Mountain,
which keeps it from being an Iſland. The Country is not equally fertile, as the
Northern Coaſt produces hardly ſufficient to fupport its Inhabitants, who only
ſubſiſt on bad Barley, and are clothed with Animal Skins; whilſt on the con-
trary, the Reſt of the Kingdom produces in Abundance all Neceſſaries of Life,
beſides Cotton, Hemp, and even Silk, though they are ignorant how to fit it for
Uſe; here is alſo found Silver, Lead, Tiger Skins, Nifi or Ginſeng Root, fo much
eſteemed by the Tartars and Chineſe, a Quantity of large and ſmall Cattle, more
eſpecially Horſes, Cows, and Hogs. The Coreans hardly trade with any others
than the Japaneſe, and the Inhabitants of the Iſle of Suiffima (feated between
Japan and Corea) who have a Magazine or Depoſit for their Merchandize, to
the South-Eaſt, and in the City of Ponchant.
The Goods brought to Corea, are Pepper, Brazil Wood, Allum, Buffaloes Horns,
Stag and Buck Skins, and other Commodities, even ſome from Europe, which
the Dutch and Chineſe fell to the Japaneſe. All theſe Goods are exchanged and
have alſo fome Trade directly to Pekin, and the Northern Provinces of China;
but this buſineſs is of fo great Expence, as it muſt be carried on all by Land,
and on Horſeback, that only the
moſt conſiderable Merchants are capable of una
dertaking it; it is thoſe of Sior who go thus to China, and are not leſs than three
Months in their journey, the whole Commerce conſiſting in Linens.
This
3
OF ASIA, &C.
827
This Kingdom has from Time immemorial been tributary to the Chineſe, who
treat it very ſeverely, not permitting it to have any Trade with Strangers, though
the Inhabitants go clandeſtinely with their Goods by the Sea of Japan, in the
River Amur, and from thence by the Nafunda, to the City of Naun, to trade there
with the Moungales, and indirectly with the Ruſſians. They go twice a Year to
Pekin, viz. in the Months of March and Auguſt, to the Number of forty or fifty
Perſons, as well to pay the Emperor his Tribute, as to carry on their Trade, which
principally confiſts of the following Particulars:
A Sort of thick large Paper made of raw Silk, which ſerves in China for Win-
dow Saſhes, inſtead of Glaſs; Gold and Silver figured Paper; all Sorts of large
Fans, variouſly faſhioned ; very fine Mats; which ſerve in Summer inſtead of Mat-
treſſes; ſmoaking Tobacco cut very ſmall, of which vaſt Quantities are conſumed
in China, where it is better eſteemed by the Natives than their ownl; a ſtriped
Cotton Cloth; a Sort of Skins which the Rufians call Chorky, which are found
great
Abundance here, and for which there is a large Demand at Pekin; a dried
Fiſh taken from fome large Shells caught in the Sea of Japan; beſides which
they carry there large Sums in Silver, and with them purchaſe the fineſt raw Silk
and Cotton, Damaſks, a Sort of Stuff mixed with Silk for Linings, Tea, Porce-
laine, all Sorts of Kitchen Furniture in white Copper, and Sables' Tails.
in
Trade of the Iſands in Aſia.
THE
HE trading Iles of which I intend to treat, are the Maldives, Ceylan, the
three Iſlands of Sond, viz. Sumatra, Java, and Borneo, the Moluccàs, the
Philippines, the Ladrones, and the moſt famous of all, the Illes of Japan.
I might here alſo take Notice of the Iſle of Amian on the coaſt of China, and
that of Formoſo, where the Dutch built the Fort of Zeland; but this having re-
turned in 1661 under the Dominion of China, and the Europeans carrying on no
Trade to either, I ſhall content myſelf with having only mentioned them; and
follow the fame Method in treating of thoſe above mentioned, as I obſerved with
the Afiatick Continent, that is, to ſpeak of them as they lie in our Way, on
advancing into the Oriental Sea, and ſo to run them over from the Maldives, which
firſt preſent themſelves, to the Iſles of Japan, beyond which the Europeans carry
on no Trade.
Of the MALDIVES.
TH
THESE Illes, more famous for their Number than Grandeur, lie in the Indian
Sea, at ſixty Leagues from Cape Comorin, extending from eight Degrees
North to four Degrees South Latitude. Their Number is uncertain, and it daily
decreaſeth, though they are computed to be at leaſt twelve thouſand, Part inha-
bited, and Part deſert, which are divided into thirteen Attolons, that is, thirteen
great Parts, by pretty large Channels that ſeparate them, the Iſlands of each Atto-
lon being ſo near to one another, that at Low-Water the Communication
may
be
made on Foot, without being wet higher than the Knees. The greateſt Trade of
theſe Illes conſiſts in thoſe ſmall white Shells called Cowries, ſo often mentioned in
this work, and the Dutch are the People particularly concerned in it
, whether to
India, where they diſtribute a Share, or in Europe, where they ſell them to moſt
other Nations, who trade to Guinea, Juda, and on the other Coaſts between Cape
Verd, and that of Good Hope; beſides which the Iſlanders carry a large Quantity
themſelves to Ceylan, and ſome other places on the Malabar Coaſt, from whence
great many are ſent to Surat, and into the Dominions of the Grand Mogul.
The Goods given them in Exchange for their Shells, are coarſe Cotton Cloths,
Rice, and ſome other Proviſions, that do not grow in their Iles. The Cocoa Tree
alſo furniſhes them with ſome Merchandize that they ſell to Strangers; though
Dr. Garcin has exploded a vulgar Error, hitherto propagated by moſt Authors,
who have deſcribed thoſe Trees as Natives of thoſe Illes, accounting them the beſt
of any in India, which I thought would not be unacceptable to my Reader, if I
give it a Place here; the Doctor acknowledges, that here are Plenty of the com-

a
mon
828
GENERAL COMMERCE OF THE WORLD.
come
Candi, the Dutch have them not in ſuch Plenty, and but few of them, except the
mon Sort of Cocoas, though in nothing different from thoſe growing in the
neighbouring Countries; but that Species to which the Preference is to be given,
and whoſe Product theſe Iſles are ſo celebrated for, does not yield the edible Nut,
but one only uſeful in Medicine, being eſteemed by the Indians very good againſt
Poiſons, Cholicks, Fevers, and Affections of the Nerves, for which they
to ſeek, and purchaſe it at a very conſiderable Price,
Of CEYL A N.
T!
HIS Iſland, called alſo by ſome Ceylon, is ſeated in the Indian Sea, at forty-five
Leagues Eaſt from Cape Comorin. Its Length is about eighty Leagues (be-
ing between the ſixth and eleventh Degree of Latitude) its Circumference more
than two hundred, and it is ſuppoſed to be the Taprobana of the Ancients.
The Portugueſe diſcovered it in 1506 or 1509, but they could only ſettle on the
Coaſts, without having ever been able to penetrate into the Country; they enjoyed
their Conqueſt, and the Cinnamon Trade, for more than a Century, when the
Dutch having begun to make themſelves known in theſe Parts in 1602, ſoon after
ſeized on Gale Point, and ſucceſſively made themſelves Maſters of all the other
Forts, till they had chaſed the Portugueſe entire from the Iſle in 1657, by the
Capture of Columbo, the fineſt and ſtrongeſt of all their Cities, not only in Celan,
but in all India. This Conqueſt was made with the Aſſiſtance of the King of
Candi; and one Clauſe in the Treaty was, that this place fhould be put into his
Hands; but the Dutch having thought it more for their Intereſt to keep it them-
ſelves, were ſoon embroiled with their new Ally, and from that Time to this the
Concord is nothing better between them, than it was before between the Cingales
(or Cingalais) and the Portugueſe, the former being prohibited on Pain of Death
to have any Commerce with the Dutch, though this muſt be underſtood of the
Mountain Cingales, who belong to the King of Candi, and not the maritime Ones,
as theſe are the Hollanders Subjects.
The French in 1672 attempted an Eſtabliſhment in this Iſland, and the King
of Candi, who would have been pleaſed to oppoſe them to the Dutch, as he had be-
fore done theſe againſt the Portugueſe, granted them by Treaty the Port of Cottiar,
ſeated on the Bottom of Trinquemale Bay, in the eaſtern Part of the Iſle ; but the
Enterprize of St. Thomas, in which Admiral Deſhayes lightly engaged the French
Squadron then under his Command, hindered his ſupporting this Settlement that
he had begun, and the War which was then declared between France and the
States General, having afforded Opportunity and Time to the Dutch for diſplacing
the French, they remained in their firſt Poffefſion, that is, ſole Maſters of the
Coaſts and Cinnamon Trade, but always ill with the Mountain Cingales, who
continually reproach them with their Infidelity.
The principal Places that the Dutch have on this Iſland's Coaſt, which they
entirely poſlefs (except fome to the Weſtward) are Colombo, the Capital of them,
and the Governor's Reſidence, Negombo, Matura, Gale, Caliature, Batecalo, and
Trinquemale, two Forts to the Eaſt, beſides ſeveral Habitations.
They have alſo the Iſle of Manan, and the Kingdom (or large Peninſula) of
Jaffanapatnam, both to the North. The Commodities commonly found in
Ceylan, and which are collected with very little Trouble, are long Pepper, Cotton,
Ivory, many medicinal and dying Roots and Drugs, Cardamoms, silk, Tobacco,
Ebony, excellent Wood for
building, Lead,
Betel, Areque (the beſt in India)
Wild Honey, Muſk, Wax, Cryſtal, Saltpetre, Brimſtone, Sugar, Curcuma (a
Root for Medicine and Dying) Rice (of which the Dutch carry large Parcels to
the Coaſt of Coromandel) Iron, Steel, Copper, Gold, Silver, and all sorts of pre-
cious Stones (except the Diamond) Cinnamon, and Elephants.
Though all thefe Commodities abound in the Uplands, ſubject to the King of
bition for their trading with the Hollanders ; it is therefore principally with this
Aromatick that the Dutch ſupport their Traffick here, and it is not the whole Iſle
that produces it equally, here being many places where but little grows, and more
5


where
ÖF ASIA,
& Co
829
old.
where there is none at all. That called the Cinnamon Field or Ground, and
which belongs entirely to the Dutch, is from Negambo to Gallettis (a Village
three Leagues to the Eaſt of Fort Mature) which comprehends a Part of the
Weſtern and Southern Coaſts of the Iſle. The beſt Cinnamon is that in the Neigh-
bourhood of Columbo and Negombo; that of Gale Point is alſo very good, and the
Reſt but middling; it is diſtinguiſhed into three Sorts, viz. the fine, middling,
and coarſe, of which the young Trees produce the fine, and of a worſe Quality
in Proportion to their Age, though the Bark muſt at leaſt be two or three Years
This Tree multiplies greatly, and almoſt without Culture, but the Dutch
hinder their Increaſe, to make this precious Bark more ſcarce and valuable.
The Cinnamon Tree comes very near in Characters to the Laurel, that is, in
Flower and Fruit, and the Natives ſuppoſe there to be nine different Sorts; ſome
diſtinguiſhed by their Smell and Taſte, and others by their component Parts;
among
which is one that ſmells ſtrong of Camphire, and another with a thorny
Trunk and Branches, The Seaſon for barking and getting in the Crop, is June,
July, or Auguft, and it laſts three Weeks or a Month, according to the Quantity
gathered; between three and four thouſand People are employed in it, all of them
enrolled, and diſciplined with as much Exactneſs as regular Troops, that they
may perform their different Functions unconfuſed.
Next to the Advantage ariſing from this Commodity, the Dutch reap the
greateſt from Areque and Elephants (which the Natives cultivate and hunt for
them) by tranſporting them to ſeveral Parts of India, where the firſt fell in Pre-
ference to any other, and the latter will fetch from fifty to eighty Pounds Ster-
ling each.
Of Sund or Sonde Iſlands.
THE
HESE are a great Body of Illes, lying in the India Sea, to the Weſtward of
the Molucques, 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 principal ones are, Java, Sumatra, and
Borneo, as well for their Extent as Commerce, of which I ſhall treat in the
Order I have here placed them.
Of JAVA.
74
AVA, feated to the South of Sumatra, reaches from the Straits of Sunda to
thoſe of Balamboang, which is about two hundred and twenty four Leagues ;
and its Breadth being unequal, the Circuit may be near four hundred and eighty.
The Dutch are at preſent the only Europeans eſtabliſhed on it; having firſt ini-
quitoully poſſeſſed themſelves of the Engliſh Settlement at Jacatru, and afterwards
that of Bantam, they have ſince hindered any others from coming here.
The Javans, jealous of their Liberty and Trade, did for a long Time refuſe all
Europeans Leave to ſettle in their Country, till the Engliſh, towards the End of the
fixteenth Century, landed, and were, by the Emperor of Java, permitted to build a
ſmall Fort at Jacatra, with Warehouſes, and a Lodge for their Factors and Goods ;
and the King of Bantam alſo gave them Leave to eſtabliſh a Factory in his Capital,
in Order to ſhare a foreign Trade with his Neighbours.
It was in 1617 that the Dutch, who till then had not had any fixed Trade at
Fava, came to eſtabliſh there, but (according to their Practice in the Indies) at
the Expence of others, having (in Sermon Time) ſurprized the Engliſh Fort at
Vacatra, and plundered their Lodge and Goods, they afterwards built there the
City of Batavia.
The Engliſh, well ſettled as they thought at Bantam (which was the Reſidence
of the ſecond Preſident of their Company) continued to carry on as conſiderable a
Trade as the Dutch; but were difpoffeſfed of this place alſo by their envious
Neighbours, under a falſe Pretext and feigned Authority of the King, a Detail of
which is too long to be inſerted here.
Before
TO B
830
GENERAL COMMERCE OF THE WORLD.
Before the Hollanders became Maſters of Bantam, the Javans, who were natu-
rally born for Trade, carried on a very conſiderable one themſelves, not only in
ſeveral Ports of their Inands, but to the moſt remote Places of India ; and though
this Buſineſs is greatly diminiſhed, through the ſucceſsful Endeavours of the Dutch
entirely to deſtroy it, yet a Part of it ſtiil ſubſiſts, by Means of the many Havens
and Ports in the Ille, where the Company have no Eſtabliſhments.
The Places of their chief Trade, beſides that of the Ports in the great and little
Java, are Sumatra, Siam, Malacca, Borneo, Celebes, Bouton, the Moluccas, Banda,
Selor, and Timor ; though in Regard of the Moluccas, and the other Ines de-
pendent on them, they muſt have Leave and take Paſſports for going there from
the Dutch, who are abſolute Maſters of them, and which is always difficultly ob-
tained, and at a conſiderable Expence; they alſo trade by Sea to Batavia, and it is
here they direct their principal Traffick to, as it is the Reſort of many Nations from
all Parts of Aſia.
What they deal moſt in is Rice, which they go to purchaſe, and then tranſport
it elſewhere; they however engage in the Diſpoſal of all Commodities growing on
their Iſe, ſuch as Pepper, Cocoa Nuts, Oil, Sugar, Cardamons, Opium, Indigo,
Birds Neſts, Horſes, Areque, many medicinal Drugs, Benzoin (from Bornea)
Ginger, Copper, Gold, öc. in Exchange of which they bring back leveral Sorts of
rich Silk Stuffs from Coromandel, Bengal, and more eſpecially the Patoles of Surat,
Cotton Cloth, Counterpanes, Mats, Fotas (a Sort of Women's Dreſs) Lacque,
tranſparent Reſin, Tortoiſe Shell, Pewter, Lead, Porcelaines, Tea, Sandal, Wood,
Ivory, European Goods, Cinnamon, Nutmegs, and Cloves, which Spice they are
obliged to buy of the Dutch, except they can clandeſtinely procure ſome of
the two laſt Sorts from the Moluccas and Banda, to which they are very near
Neighbours.
The principal trading Cities of the Ille are Balamboang, Panarocan, Foarton,
and Cidaiou, of which the Dutch have almoſt ruined the Trade, to draw it to
Japara, where they are Maſters, which lies ninety-four Leagues from Bantam,
from whence they get the greateſt Part of their carpentary Wood, Cattle, Rice,
and Fruit, to ſupply the Inhabitants of Batavia, Amboina, Ternate, and Banda, and
to whoſe Port the Javans, Macaſſarois, and ſeveral other Nations, even from the
moſt remote Parts of Aſia, ſend their Ships; Cheribon on the ſame Coaſt, at ſixty-
ſeven Leagues from Bantam, where the Company have a Fort, as well as at ja-
para. There is yet, on the Coaſt of this great Ille, Togal, Samarang, Rambam,
where the Company build their Sloops, and other Veſſels, and Sourabaic (to all
which the Dutch have Forts) in Fine, Bantam and Batavia, which are the only
two of whoſe Trade I Thall ſpeak, as the Dutch have in a Manner here united that
of the whole Iſle.
Bantam is the Capital of one of the two Kingdoms, whoſe Kings divide the Em-
pire of the Iſle of Java; he of Bantam extends his Dominions even into the Ille
of Sumatra, on the other Side of the Straits, where he poſſeſſes Sillebar, Dampin,
and Lampon. Bantam was, before the Europeans had penetrated into the Eaſt,
one of the moſt trading Cities of India; the Arabians, Turks, Moors, Chineſe, and
almoſt all the Nations of India fending their Ships here.
I have already ſaid, that the Engliſh were the firſt Europeans who here obtained
a Settlement, where their Commerce flouriſhed for a long Time; and I could
greatly enlarge, and give a black Detail of their Diſlodgement, but I dare not tref-
paſs ſo much on my Reader's Patience; let it therefore ſuffice to repeat, that the
Dutch have remained Maſters here ever ſince they unjuſtly deprived our Coun-
There is no Place in the Iſle of Java where Refreſhments coſt leſs than here;
the Natives, who, on the Ships Arrival bring them in Plenty, are contented with
Pins, Needles, ſmall Knives, &c. in Payment.
Batavia is ſeated alſo in the Iſle of Java, to the eaſtward of the Kingdom of
Bantam, and twenty Leagues from the City of that Name, which is the Capital :
It is built
on the River Jacatra, and nearly on the Ruins of the ancient Town of
the ſame Denomination, that the Dutch took from the Engliſh by Surprize in
1617, as before-mentioned, and which they had often defended againſt all the
Forces
trymen of it.
1
5
OF ASIA, &c.
831
1
Forces of the Emperor of Maratan, the moſt powerful Monarch of the Iſle. In
1619 it took the Name of Batavia, though it was not finiſhed and put in its pre-
ſent Condition till 1660.
This new City, which yields in nothing to the fineſt in Holland, either fo
the Length of its Streets, Magnificence of its Buildings, Conveniency of its Ca-
nals, and Beauty of the ever-green Trees planted on each side, is defended by a
Citadel with four Baſtions, founded on Piles, in which the Company always main-
tain a Garriſon of a thouſand regular Troops; beſides which Fortification there
are divers advanced Poſts within Land, ſuſtained by Redoubts, or ſmall Forts, to
cover the Soldiers from the Excurſions and Surprizes of the Javans.
The City is peopled with divers Nations, of which the Dutch make near half,
and among them are ſome of the Portugueſe, though almoſt all of them Proteſtants,
who have two Churches here, where the Miniſters officiate in their own Lan-
guage; the Malayans have alſo one, and the other Inhabitants are permitted the free
Exerciſe of their Religion : The Suburbs reach near a half a League into the Coun-
try, and form a larger Town than Batavia itſelf, peopled with Chineſe, Moors,
Javans, and Malayans, and alſo many Dutch Artiſans; the firſt are the principal
Huſbandmen, who ſow Rice in the Grounds they cultivate round the City, and
have brought it to fuch Perfection as not to need any foreign Supplies ; Sugar is
alſo gathered here in Plenty, and there are many Mills on the River Jacatra,
for bruiſing the Canes, and ſeveral others for making Paper, Gunpowder, and
grinding Corn; but all theſe Advantages, though capable of making any City
Houriſh, are nothing in Compariſon with thoſe that the Company's immenſe Trade
brings here, where all Sorts of European and Aſian Commodities are amaſſed, and
their Warehouſes well filled, either for loading their Ships bound Home, or thoſe
deſtined for the Trade of China, Japan, all India, Perſia, Arabia, and the Red
Sea; Batavia being the Centre where all the Company's Effects enter and go out,
by a perpetual Circulation, and always with an inconceivable Advantage, though
conſiderably diminiſhed by the indirect Gains of ſo many principal Directors, and
their Subalterns, through whoſe Hands all the Affairs paſs, and who, in Places ſo
diſtant, are apt to forget their Conditions, and think themſelves Maſters of thoſe
Effects, of which they are only Depoſitaries.
The Council of Batavia has eight Governments ſubject to it, viz. that of Ceylan
and Coromandel, in the occidental Peninſula of the Ganges; that of Malacca, at the
Extremity of the oriental Peninſula; four on the Molucca Illes, which are Macaſſar,
Amboina, Ternate, and Banda ; the eighth is that of the Cape of Good Hope.
After theſe Governments there are three Directions, each filled by a Chief with
the Title of Director, the one in Perſa, the other at Surat, and the laſt at Bengal;
the Director of the firſt reſides at Gammeron, and has the Lodges at Iſpahan and
Kerman in his Dependance; that of Surat, where the Director reſides, has under
it the Lodges of Amadabat, Barochia (or Brochia); and that of Bengal, which is
very extenſive, has its principal Settlement at Ougli, where the Director reſides,
and has under his Direction that of Caxembazar, Bellafor, Decca, Patna, and
Chiopera; Pepeli belonged to it formerly, but the Company have abandoned it for
a long Time. Four well fortified Places ferve to guard the Country, where are
many Eſtabliſhments, the Chief of which bear the Title of Commandaries; of
thefé there are two in Ceylan, viz. Point Gale, and Jaffanapatnam; the other two
are Cochin on the Malabar Coaſt, and Samarang on the Coait of Java.
The other Factories or Lodges are thoſe on the Coaſt of Coromandel, under the
Governor of Nagapatnam; thoſe of Java ſpecified in this Section, under the
Commander of Samarang ; thoſe of Sumatra, which are Palimbang, Jambi, and
Padang, are independent of all others but the Government of Batavia; in Fine,
thoſe of Siam and Japan, which are Judia and Ligor for the firſt, and Nangafaky for
the ſecond ; and three Lodges ſubject folely to the upper Regency, although their
Chiefs have only the Rank of Merchant. They had formerly a Settlement at
Tunquin, but they abandoned it in 1700; ſo that from the preceding Account may
be gathered, that of Factories ſubject to Governors, Directors, and Commanders
(which are the moſt conſiderable ones) there are fifteen, and of the other ſubaltern
Settlements, ſmall and great, from fifty-three to fifty-five.
This
832
GENERAL COMMERCE OF THE WORLD.
fix thouſand Houſes; I have before mentioned that the Company have a Yard
Toubani lies thirteen Leagues farther, and is a City with about five thouſand
Cidaiou, three Leagues from Touban, is a fine old City, with above fix thouſand
This Iſland is the moſt fertile and populous of any in the World; here grows
an inexpreſſible Quantity of Rice, and Cocoa Nut Trees, which are the principal
Food of the Natives. All Sorts of Indian Fruits are found here in Plenty ; the
intains and Rivers are numerous, and ſo equally and commodiouſly diſtributed,
that nothing better or more convenient could poſſibly be deſired, which fo fertilize
the Lands, as to procure Abundance, and this the congregating of ſuch a Number
of Inhabitants, who are naturally addicted to Trade, which the many navigable
Rivers here greatly contribute to their carrying on. Wild and tame Fowl abound
in an extraordinary Manner, a Hen being worth no more than a Penny Sterling.
Here are Stags and wild Boars in Plenty, Rhinoceros and Tigers are frequent in
the Woods, which are very thick on the Mountains that garniſh the Illand, and
theſe both ſmall and great are generally cultivated. The innermoſt northern Coaſt
is the beſt, and the moſt populous, on Account of its great Fertility, being alſo ren-
dered the moſt frequented by its convenient Situation for Trade and Navigation,
which is very different from the ſouthern Coaſt that is the exterior Part, in Re-
fpect of the Iles of Sund, and the great Sea; the Shores of this Coaſt are ſteep, full
of Shoals, and Rocks, which´render them difficult of Acceſs, and but thinly inha-
bited. The principal trading Places along the other Coaſt are firſt,
Bantam (already deſcribed) after paſſing the Straits of Sunda, which are twenty-
eight Leagues long, and from them to Bantam are five Leagues more.
Batavia (likewiſe treated of) is twenty Leagues to the Eaſtward of Bantan :
And
Cheribon (where the Dutch have a well fortified Factory) is a City diſtant from
Batavia forty-eight Leagues by Sea, and compoſed of near eight thouſand Fa-
milies, in as many Houſes, ſome of Stone, others of Wood, but the greateſt Part
of Bamboes. This Place produces a good deal of Rice, Timber, Indigo, edible
Birds Neſts, &c.
Tagal is another City where the Company have a Fort and Lodge, twelve
Leagues to the Eaſt of the laſt mentioned, than which it is a little bigger, and
its Buildings much the ſame.
Samarang, twenty-two Leagues from Tagal, and about ſixty-eight from Ba-
tavia, is a City ſurrounded by a Plain, and croſſed by a River that receives Barks
and ſmall Veſſels between its Mouth and the City; it is the biggeſt on the Coaſt
after Bantam, and ſuppoſed to contain more than twenty thouſand Houſes; the
Company have a Factory and Fort here, which commands all the others that
are on the Coaſt, the Chief bearing the Title of Commander, and is the fourth
that it has in India. The Chineſe, who have ſpread themſelves on all this Coaſt,
as well as in the other Ines, are very numerous in this Place, by whoſe Means
the Company correſponds with the Javan Court kept at Cartafoura, a good Way
within Land, as the Emperor has for many Years quitted Mataram where he
formerly reſided; it is reckoned four Days Journey from Samarang to Cartaſoura,
and Mataram is another Day's Travel farther to the South.
Torrabaya is a City on a River, a good League's Diſtance from the laſt treated
of, with near fix thouſand Houſes or Families; and at nine Leagues farther on
the Coaſt is,
Yapara, a large City waſhed by the Sea, that may contain about ten thouſand
Families, where the Dutch have a Fort built on a River : And twelve Leagues
from hence ſtands the City of
Javana, ſituated near the Sea, being full of People and Trade, with near ten
thouſand Houſes.
Rambang (or Rambam) is four Leagues to the Eaſt, and may contain about
here for building Shallops and other ſmall Veffels; and here is a great Trade
carried on in Rice, &c.
Families, who alſo furniſh Trade with Plenty of Rice, and Ship Timber.
Houſes, having formerly had a King of its own, and trades greatly in Rice, which
grows here in Abundance.
3
Sourabaya

OF ASIA, Ec.
833
Dragon's Blood, and Rattans.
Sourabaya is a large City twenty Leagues from Cadaiou, ſeated in the Straits
of Madura, and upon a River, a large League from the Sea. It has more than
ten thouſand Houſes, of which a great Part are built with Stone, as the Chineſe,
who are very numerous here, always build with this Material. Its Commerce
in Rice is very great, ſo that it can ſupply Trade with between two and three
thouſand Tons, and ſome Years double that Quantity; the Dutch have a fine Fort
here with a Captain's Command.
Paolfaroavan is a City fortified by the Javaneſe, with above ten thouſand
Houſes. It is thirteen Leagues from the laſt mentioned Place, near a River, one
League from the Sea, the Dutch having a ſmall Fort, at ſome Diſtance from it.
The Trade in Commodities of the Country's Growth conſiſts in Carthamę (or
Baſtard Saffron) Cattle, Fowls, Rice, and Birds Neſts, all in Abundance.
Panaroucan was once the Capital of a ſmall Kingdom, and is feated on a fine
River, containing about five thouſand Families, with the ſame Trade as the two
preceding.
Balamboang, is the laſt City, ſituated at the Eaſternmoſt part of Java, on a
all with Bambo, and abounds with Rice like the other cities.
Strait formed by the Idle of Bali, having about ten thouſand Houſes built almoſt
The Fertility of this Iſland is inconceivably great, not having its Equal in the
World; all Things are brought to Perfection here with Eaſe, and but little Trou-
ble; the Days and Nights are always equal, and the Heat, which is temperate, re-
mains continually the ſame, ſo that Fahrenheit’s Thermometer never varies above
four or five Degrees; the Earth is better, not ſo marſhy, and leſs mountainous,
than in its neighbouring Iſlands ; ſo that the Chineſe are very fond of ſettling
here, and ſome come for this purpoſe almoſt every Year; they likewiſe render
it more valuable by their Huſbandry and Trade, which the Javaneſe neglect,
as they are more propenſe to Deceit and Cozenage than Labour. This Rich-
neſs of Soil makes it ſo populous, that one may ſee the Roads ſwarm with People
in a ſurprizing Manner; the Rivers alſo, which are numerous, have their Borders
thick ſet with Villages ; and beſides the Cities now deſcribed along the Shore,
there are many within Land full as large and populous. It is reckoned that Car-
tafoura, where the Emperor's Court is, has upwards of thirty thouſand Houſes,
and that Mataram, which is the largeſt City of the Ifle, has ſixty thouſand at
leaſt; in Fine, according to what the Dutch, who inhabit the principal Places on
the Coaſt, have been able to diſcover, there are in this Ille forty large Cities
and forty-five hundred known Villages, beſides others yet undiſcovered by them ;
and by certain Memoirs it has been found, that theſe fame Places fome Years
ago contained no leſs a Number of Inhabitants than neạr thirty-two Millions, in-
cluding all Ages and Sexes; by which Calculation it may be ſeen, that this Iſland
is three Times more populous than France, if the Difference of Territories be con-
ſidered; as the Iſle of Java is not altogether equal in Bigneſs to the Moiety of
that Kingdom, which yet does not contain above twenty Millions of Souls *.
Of SUMATRA.
THE
HIS Iſland is about one hundred and ninety Leagues long, by fixty broad,
and ſituated in fix Degrees of Southern Latitude, ten Leagues from the
Peninſula of Malacca, and four or five from Java, the Separation between the
two Iſands being made by the Straits of Sunda.
Its principal Commerce conſiſts of Gold, Silver, Pewter, Copper, Iron, Dia-
monds (and other precious Stones) Pepper, Wax, Honey, Camphire, Callia, San-
ders, Tortoiſe-Shell, Brimſtone, Rice, Sugar, Ginger, Benzoin, Ambergris, Jet,
The Gold is found all over the Inle, but more eſpecially between Ticou 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 greateſt Quan-
tity, which the Collectors (who are Demi-Savages) give in Exchange for di-
10 C be

vers
# Memoir MS. of Dr. Garcin,
834
GENERAL COMMERCE OF THE WORLD.
abandon the Ille, and leave its Merchants to bring their Goods to Batavia, if
vers Commodities with their Neighbours, as they have no Trade with Strangers ;
thoſe of Maningcabo give in Truck Arms, Iron Tools, and Cotton Cloth, and
thoſe of Priaman, Pepper, Steel, Salt, Surate Coverlids, &c.
Almoſt all the Iſland, except the middle Part, produces Pepper, but the Places
where moſt is gathered are Andcageri, Jambi, 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 ſhipped, as
well for Europe as India. The Brimſtone is found at Pedir, where there is a
Mountain of it; and near to this City it is that Refin, called Sumatra Balm, is
collected. The Diamonds and precious Stones come from abroad, particularly
from Borneo. The other Drugs and Commodities grow and are cultivated in the
Ine, eſpecially in the inland Parts, Benzoin being the Product of Barros.
Beſides theſe Places before-mentioned, fome Trade is carried on at Achem, Pa-
cem, Deli, Arou, and Campara.
Achem, ſituated in the Northernmoſt Part of Sumatra, is the Capital of a large
Kingdom, and almoſt of all the Ifle; being the moſt healthful Place, as the others
have generally a bad Air, from the Waters and Lowneſs of the Lands; it is here
that Foreigners tranſact the greateſt Buſineſs, and the Road is ſeldom without
fome Engli), Dutch, Portugueſe, Daniſh, Chineſe, Guzarates, Arabian, Perhan,
Abyffin, and other Ships, from many Places of India and China.
The Goods they bring here are Gold and Silken Stuffs, Mullins, Painted Linens,
Cotton, unſpun Silk, Fiſh, Butter, Oil, Arms, and Warlike Stores, Silver, and more
eſpecially Rice (which the Engliſh, Dutch, Danes, and Chineſe bring in large
Quantities, as this Part of the Iſle is entirely deftitute of it) white, red, and blue
Salampours, Percaffes, Spices, and Opium, brought from Bengal.
The Dutch have four or five Forts and Factories in the Dominions of the King
of Achem, and thoſe of ſome other petty Princes ; among which are Padang, on
the Weſtern Coaſt; and Palimbang and Jambi, on the Eaſtern, a little within
Land, which in a Manner renders them Maſters of the Pepper and Gold Trade.
Jambi, which is one of the beſt Dutch Settlements, is upon a River of the
fame Name, twenty-five Leagues from the Sea, from whence may be extracted
above two thouſand Tons of Pepper yearly, that comes from the Mountains ;
Cotton Cloths and Handkerchiefs are proper for this Trade, as are alſo Dol-
lars, &c.
Sillabar, a City on the Weſt Coaſt, about thirty Leagues from the Straits, be-
longs (as before obſerved) to the King of Bantam, and is famous for its Manu-
facture of Cris, or Poniards worn by the Javans and the major Part of the In-
dians, being in great Eſteem, and a large Trade carried on in them.
Of BORNEO.
T
HIS INand being almoſt round, and near two hundred Leagues Diameter,
it muſt conſequently have a Circumference of about ſix hundred. It has
the Iſle of Celebes to the Eaſt, Java to the South, Sumatra to the Weſt, and the
Philippines to the North. Only a Part of the Coaſts (eſpecially thoſe of the King-
dom of Borneo) are known, the Barbarity and Infidelity of the Iſlanders having
diſguſted the Europeans ſo as to hinder their eſtabliſhing among them, or indeed
to continue their Trade.
The Dutch firſt arrived here in 1609, and ſettled ſome Factories at Borneo,
Sambas, and Succadana ; but beſides their not being able to obtain an Excluſion
of all other Nations from trading here, as they for a long Time ſollicited; they
ſo often proved the Ferocity of theſe "Savages, who daily fought freth Pretexts
to plunder their Warehouſes, and kill their factors, that they at laſt forced them to
monds, Gold, Pearls, Bezoar, Aloes, Wood of different sorts, Wax, Pepper, Cam-
phire, Benzoin, Dragon's Blood, and Rattans. The Gold is found at Pahang,
Sey, Calantan, Scribas, Catra, and Melanougua, and is more abundant than is com-
monly imagined; but the Sloth and Knavery of the Inhabitants make them live

a
in
OF ASIA, &c.
835
in extreme Poverty, amidſt immenſe Riches, which their valuable Mines, and
fertile Soil, would abundantly produce them, at the Expence of very little La-
bour; as their Lands would yield any of the Indian Fruits, and Spice in parti-
cular would flouriſh here to a Miracle, as Experience demonſtrates in its preſent
Growth of Clove and Nutmeg Trees, found here with every requiſite Quality,
Sambas and Succadana are the Places for the Purchaſe of Diamonds, of which
the Mine is farther within Land, and may produce about fix hundred Carats
yearly ; here is alſo ſome of Iron, Copper, and Pewter, and whatever elſe Su-
matra yields may be found here; whoſe Imports alſo are ſimilar to thoſe of that
Illand,
Crimati, or Crimatia,
IS
S a ſmall Iſland in the Indian Sea, about four or five Leagues diſtant from Borneo,
where is a Diamond Mine, and ſome Pearls are found on its Coaſts, both
which Commodities the Inhabitants carry to ſell at Malacca ; and they are ſo
jealous of theſe Jewels, as to deny any Foreigner Admittance among them.
of the Molucca, or Molucque Iſlands.
HESE Iſles are Part of the Oriental Archipelago, and indeed compoſe a
particular one themſelves of more than an hundred and thirty Iſlands. They
are divided into the great and ſmall Moluccas, and theſe laſt again parted into
thoſe properly ſo called, and them of Banda. Some Authors placing alſo the Ille
of Ambonia among them.
All theſe Inands, of which I ſhall ſpeak according to this Diviſion, were diſ-
covered by the Portugueſe in 1511, and their poſſeſſion for ſome Time diſputed
by the Spaniards, in Virtue of the famous Diviſion made by the Court of Rome,
then the acknowledged Arbitrator in the Partition of the Eaſt and Weſt Indies ;
however, by the Treaty of 1420 between thoſe two Nations, the Moluccas were
ceded to the former, who occupied them till 1601, when the Dutch newly ar-
rived in India began to moleſt them in their Poſſeſſion, and finally chaſed them
out of all theſe Ilands, commonly called the Spice Iſlands, on Account of the
Growth of Nutmegs, Mace, and Cloves in many of them, and as Mr. Savary
ſays, not in any other Part of the World, though Dr. Green informs us of their
being produced in Borneo, as juſt now mentioned.
Of the Great Molucca Illes.
THI
THESE are among others Celebes, Gilolo, Ceram, and Bouton, to which Timor
and Arou ought to be added. The firſt is the moſt conſiderable of all, being
two hundred Leagues long, by an hundred broad, which muſt be underſtood,
not of one fole Ife, but of a Cluſter ſo near to one another, that they ſeem to
compoſe but one only. It encloſes many Kingdoms, of which that of Macaſſar
occupies the greateſt Part of the Southern Coaſt, &c. This Kingdom is alſo the
moſt fertile of any, and almoſt the only one where the Europeans have any Trade.
The Capital, celebrated for its Grandeur, Number of Inhabitants, and the
Beauty of its Buildings in the European Taſte, is ſituated in the Southern Part of
the Iſle, at five Degrees fix Minutes from the Line, where the Portugueſe for-
merly carried on, almoſt alone, one of the greateſt Trades in India. The Dutch
ſucceeded them, and by Conſent of the Macaſſarian King, who ſeemed tired of the
Servitude in which the former held him, built here Panakoke and Samboupo Forts
to ſecure their Trade, and, as they would make the Macaſſars believe, the Liberty of
their Country. But theſe new Gueſts not being more tractable in Point of com-
mercial Concerns than their Predeceſſors, but endeavouring to become Maſters of
Macaſar, to the Excluſion of all other Nations, the Portugueſe regained their Cre-
dit, and the Dutch, being near driven out, prevented the Deſigns of their Enemies,
which they had foreſeen, by appearing before Macaſſar in 1660, with a Fleet of
thirty-three Sail, and after having been equally victorious at Sea, where they took,
burnt, or ſunk fix large Portugueſe Ships, richly laden, and on Shore (where in
a Deſcent
836
GENERAL COMMERCE OF THE WORLD.
Archipelago, and
a Deſcent they forced Sword in Hand two Forts within Gunſhot of the City) they
ſo intimidated the King and his People (altho' the braveſt in India ) that they obliged
him by a Treaty concluded at Batavia the ſame Year, never to admit the Portugueſe
again into any Part of the Kingdom, and to leave the Hollanders in Poſſeſſion of
their Forts and Trade: It was not, however, till 1669, that they could entirely
ſubdue their reſtleſs and favage Nation, who, notwithſtanding the Treaty in 1660,
and another in 1667, continually interrupted their Spice Trade, by ſending
ſmall Vefſels to traffick with the Inhabitants of Banda and the Moluccas, in
Cloves and Nutmegs, which they afterwards ſold to the Engliſh, and maintained,
as the Dutch gave out, a Correſpondence with their Enemies, to take from them
Ambonia, one of their eight great Governments in India. And notwithſtanding
ſo conſiderable an Expence was made, and ſo much Blood ſpilt, they have not
been able to eſtabliſh an excluſive Trade at Macaſar, the Port and City having
remained open to all the Nations of India and Europe, excepting the Portugueſe,
who notwithſtanding may now come and Trade like the others, ſince their Im-
becility in the Indies no longer affords the Dutch any Jealouſy.
The principal Commodities exported from hence are Rice in a vaſt Quantity,
and the beſt in India; Gold, Ivory, a great deal of Brazil Wood, and ſome San-
ders, Cotton, Camphire, various Sorts of Hard-Ware, Arms proper for the Indies,
Ginger, long Pepper, and Pearls fiſhed here. The Imports conſiſt of Scarlet
Cloths, Gold and Silver Stuffs, Cambaye Cloth, Pewter, Copper, Iron, Soap, and
Afla Fætida, which two laſt come from Surat.
Gilolo has the ſecond Rank among the great Illes of the Molaccan Archipe-
lago. Some make it two hundred Leagues, and others but an hundred and fifty
Leagues in Circuit. The beſt Merchandize extracted from hence is Sagou, or
Sago, for making Bread, without which the Inhabitants of the Leſler Moluccas
and Randa could not ſubſiſt in the Want of Rice, with which they can only
be ſupplied from Macaſſar, &c. It is made of the Pitch of a Tree like a Cocoa-
Tree, and is now in great Eſteem in Europe, as a nouriſhing Food for weak and
valetudinarian Conſtitutions.
Ceram is not leſs than Gilolo, a Part of whoſe Coaſt has for a long Time
appertained to the King of Ternate, and was the Occaſion of a tedious War be-
tween him and the Dutch, on Account of the Cloves cultivated here; ſince the
Peace made between them in 1638, this Place has ſhared the Fate of Ternate
and the other Iſles belonging to it. The Clove Trees have been rooted up, and
the Dutch have built Redoubts and Forts in many Places, to impede all foreign
Trade where they now have made themſelves Maſters. Of which more here-
after, in treating of Ternate.
Bouton is the lait of the four Great Molucca Ines, and may have about eighty
Leagues Circumference. This produces no Rice, but carries on a great Trade in
Slaves, and has a ſmall Quantity of Ambergris of a middling Quality. Its beſt
Buſineſs is that of Tamettes, a Sort of Linen made here, proper for the Moluccas,
where the Dutch carry a large Quantity yearly.
Of the Little Molucca Iſles.
THE Ilands properly called the Moluccas are only five
, viz. Ternates, Tidorm
great Dutch Governments in Aha. The Land of theſe Iſles lies very high, each
being an entire Mountain, which begins from the Coaſts, and have their Sum-
mits run to a great Elevation. They are all very ſmall; Ternate, which is the
Principal, not having above ſeven Leagues, Machian near fix, Moter only four,
and Batchian twenty in Circuit; but this laſt is half Deſert, and very full of
Sago Trees. All theſe Illes are near the Line, Machian is directly under it,
and Moter more to the North. The King of Ternate reigned formerly, not only
his Subjects were then obliged to bring their Spice to his Capital, and it was
there that the foreign Merchants, whether yavans, Malayans, Chineſe, and the
Portugueſe (at firſt) came to buy it; but a little after theſe latter were arrived

in
I
OF ASIA,
&c.
837
1
Florian
in India, this great Power of the Ternatois began to ſhake, and the Inhabitafits of
Macaſſar, Tidor, and many other Iſles having revolted and confederated, went to
attack their King
The Portugueſe, always attentive to what might enlarge their Empire, and ex-
tend their Conqueſt in the Indies, foon mixed in the Quarrel, and improved ſo
favourable a Conjuncture to their own Advantage, obtaining thereby an Eſtabliſh-
ment in Ternate, even with the King's Conſent; and afterwards by Right of
Conqueſt in Tidor, Machian, Amboyna, Banda, Timor, and Solor, where they built
Forts, which made them Maſters of the Spiceries. In 1605, the Dutch ap-
peared at Ternate, and
the Portugueſe Ternatois received them, and permitted their
Building the Fort of Tolucco, one of the firſt they had in India.
This Change of Maſters having in nothing ſweetened the Ternatois Servitude,
who to the Portugueſe Yoke had now added that of the Dutch, they endeavoured
ſeveral Times to ſhake off this laſt, but always unſucceſsfully; and were obliged
to make various Treaties in 1609, 1612, and 1638, which finiſhed the Loſs
of the little Liberty they had remaining, and entirely excluded all Foreigners
from the Moluccas, ſecuring to the Dutch only all the Trade of the Cloves,
which grew in thoſe Illes. This Treaty, which confirmed all preceding ones,
and reſtored to the King of Ternate all the Places that the Dutch had ſeized in
the laſt War of 1638, agreed, that all the King's Subjects ſhould quit Amboyna;
and that this Prince ſhould for ever renounce his Right to that Ife in Favour of
the Dutch, with many other Articles to rivet their Slavery, and exclude all Stran-
gers. It ought, however, to be remarked here, that this Peace was in ſome
Sort bought by the Dutch, for although victorious, and Maſters of one Part of
the King's Territories, who, with his Grandees and brave Troops, had retired
into inacceſſible Places, they choſe rather to ſubmit paying them a Kind of an
annual Tribute, than to riſk the Clove Trade, of which they were, and are yet
ſo jealous; as they alſo did in Favour of the Onimas and Oroncais, to whom they
likewiſe yearly pay a Sort of Penſion to recompence their rooting up all the
Clove Trees in their Lands, and not to permit their Vaffals planting any for the
future; and, ſince the Treaty of 1638, the Dutch have abſolutely remained in
Poſſeſſion of the five ſmall Molucca Illes, but by various Diſputes which have
happened ſince, the Company has been obliged ſeveral Times to augment the
different Penſions they paid, for the Deſtruction of the Clove Trees in all the Ines,
as they found they had ſufficient in thoſe which grew in Amboyna. Theſe Aug-
mentations were made in 1652, 1682, and laſtly in 1713, when it was finally
agreed that they ſhould pay, yearly,
To the King of Ternate 6600 Rix-Dollars.
2400
700
To the King of Moter
150
To the King of Machian 2000
To the Grandees of Ternate 600


In all 12450 Rix-Dollars.
None of theſe Iles are fruitful except in Cloves, and conſequently furniſh no-
thing elſe to Trade : That of Ternate yielded formerly in a common Year be-
tween four and five hundred Bahares (of five hundred and fifty Dutch Pounds
each) of Cloves, and near one thouſand in the grand Crop, which happened every
ſeven, or, as others ſay, every four Years ; Tidor three hundred Bahares, and twelve
to thirteen hundred in the good Seaſon ; Moter only an hundred; Machian three
hundred; Bachian little more than Moter; but theſe three augmented proportion-
ably in the good Year ; Moter and Bachian yielding near four hundred, and Ma-
chian fifteen or fixteen hundred; but no Cloves grow there ſince the aforeſaid
Treaties. From Ternate a ſmall Quantity of Tortoiſe-lhell is exported, and a large
one carried there of coarſe Linen,
and ſome others with Handkerchiefs, called
Tamettes,
10 D

838
GENERAL COMMERCE OF THE WORLD.
| Equinoctial Line, at forty Leagues Diſtance from the Ine of Banda, or
Tamettes, from Bouton, many Stuffs, and other Merchandize from Europe, for
the Dutch in Garriſon, or ſettled there.
Of the Iſles of Banda.
TH
HESE Iſlands, the only Places in the World where the Nutmegs and Mace
grow (according to Mr. Savary, though denied by Dr. Garcin, as hinted at
in the Introduction to the Moluccas) make a Part of the ſo often mentioned Archi-
pelago, and are in the Number of thoſe called the Little Moluccas. They are fix,
every one with its own Name under the general one of Banda, viz. Lonthor,
Neira, Gounong- Api, Poulo-Ay, Poulo-Rhon, and Rofinguein, as Dr. Garcin writes
them; though Mr. Echard, in his Gazetteer, calls them Lanton, Nera, Genapi,
Pulloway, Palerni, and Baffingen.
Lonthor is the largeſt, higheſt, and fulleſt of Nutmeg Trees ; it was once called
Bandan, by the Natives of the Country, and it is from thence that theſe Iſles
are denominated Banda. But after that the Dutch had a Factory here called
Lonthor, which was that of a City deſtroyed in the ancient Wars; this Iſle was
called ſo likewiſe.
Neira is two-thirds leſs, and is where the Governor of the Iſlands reſides; it
is furniſhed with two Forts, the one called Nafuu, and the other Belgick. This
on a little Mountain towards the Middle of the Iſland, the other on the Straits,
a Muſket-Shot in Length, and over againſt the Iſle of Lonthor.
Gounong-Api is about the Size of the preceding one, and not above a Stone's
throw diſtant from it to the Weſt; it has a large Mountain in the Middle, which
occupies almoſt the whole Ifle, and is a Volcano that burns continually ever ſince
the End of the ſixteenth Century, and gives Name to the Illand, as Gounong in
Malayan ſignifies Mountain, and Api, Fire.
Poulo- Ay, is a ſmall Iſle to the Weſt of the three preceding ones, of v. hich
the Land is pretty plain, and very good. The Company have a Fort here called
Ravenche, and this is as fertile in Nutmegs as Lonthor, if not more.
Poulo-Rhon and Rofinguein, the other two Illes, are the ſmalleſt of all, very
barren, and but thinly inhabited, each having a little Redoubt guarded by ſome
inferior Officers.
Banda, which is the ſixth of the eight great Governments that the Hollanders
have in India, lies in four Degrees and a half of South Latitude, four hundred and
fifty Leagues from Batavia. This was one of their firſt Eſtabliſhments in India,
and Fort Naſſau in the Iſle of Neira (before mentioned) was the firſt they built.
Among the ſix Ines of Banda, there are but three where the Nutmegs are
cultivated, viz. Lonthor, Neira, and Poulo- Ay, the others being too mountainous
and barren; the firſt is the largeſt, and furniſhes the greateſt Quantity of Fruits,
it having twenty-five Nutmeg Orchards, which in the beſt Year produce all to-
gether about 570,000 Pounds of Nutmegs, and 140,000 Pounds of Mace, grow-
ing on a Superficies of 140,000 Yards of Land. The Itle of Neira yields in a
good Year 8000 Pounds of Nutmegs, and 2000 Pounds of Mace, from a Spot of
10,800 Yards: The Ifle of Poulo-Ay, although very ſmall, is in Proportion the
moſt fertile of all, having fix Orchards containing a Surface of 28,960 Yards,
which produce in a favourable Seaſon 120,000 Pounds of Nutmegs, and 30,000
Pounds of Mace. The Proprietors of theſe Orchards in the three Iſles want the
Aſſiſtance commonly of twenty-fix thouſand Slaves for their Cultivation and get-
ting in the Fruit.
Of AMBOYNA.
He Iſle of Amboyna is ſituated in four Degrees twenty Minutes from the
,
thirty-four from Poulo-Rbon, the Weſternmoſt of this.Cluſter, and conſequently
the neareſt. Some Authors place it among the Number of tho Great Moluccas,
although it has not above twenty four Leagues Circumference. It is divided in
two, fo that the Iſthmus, which ſeparates the two Parts, being very narrow, it
ſeems

OF ASI A, &c.
839
Tour Illes
ih
ſeems to form two Iſles. The largeſt of theſe two Parts is called Hitou ; and
the other not above half as big, on the Southern Side, Leyțimor : The firſt is
twelve Leagues long, and two and a half broad; and the other five Leagues in
Length, and
of this Íſland, form a narrow Gulf between them, of a Parallel Length with Ley-
done and a half in its greateſt Breadth. The two ſmall Peninſulas
timor, and ſomething better than a League wide, both at its Entrance and in the
Middle. Beſides this great Iſle of Amboyna, there are ten ſmall ones very near,
viz. Ceram, Ceram-Laout, Bouro, Amblau, Manipa, Kelang, Bonca, Orna, Honi-
moa, and Nouſa-Laout ; theſe laſt three bearing the Name of Uliaſſers, which,
,
to reſtrain the Inhabitants from planting, as to hinder any contraband Trade from
being carried on. At Amboyna the Dutch have ſeveral Forts, in one of which
the Governor reſides ; this being the fifth of the Company's great Governments
in India.
When the Dutch firſt became Maſters of this Iſle, there were very few Clove
Trees in it, but they have ſince made ſuch Plantations, that it now produces
more than all the Moluccas put together. The greateſt Crops are gathered at
Hitou, Louhou, Campbelle, Leſide, Nau, Caylol, Cabeau, Larike, Vaccafihou, Ourien,
and Aſaloulo, Part in the ſmall, and Part in the great Ines. All the Ille is di-
vided into ſeveral Villages, and each Village into many Orchards equally culti-
vated by the Dutch and Natives, who are each obliged to plant ten Clove Trees
yearly, which has been the Occaſion of ſo great a Multiplication, as not to leave
Room for the Culture of other Fruits, Pulſe, and Greens for common Uſe, but
they are brought from Abroad, eſpecially Batavia. The Clove Trees of Amboyna
and its Neighbourhood have, from one Year to another, a good and a bad Crop,
which is different from the other Moluccas, where the other good Crop only
comes every fourth Year, and ſometimes every ſeventh. They have tried to
plant Nutmeg Trees in the Inle, and have ſome few growing in Gardens, though
they thrive very poorly. At Victoria there are Magazines always full of Stuffs.
ready made Clothes, Cotton Cloths, and other Merchandize of India and Europe,
where the Inhabitants go to furniſh themſelves with what they want, on which
the Company make large Gains. The Proviſions, Stores, and Commodities from
Batavia are brought here yearly by two of the Company's Veſſels, who on their
Return load entirely with Cloves, which fome Years are produced in ſuch Quan-
tities, that they are obliged to burn, or throw Part of them into the Sea, pro-
ceeding from the Obligation the Dutch have laid themſelves under to take all that
the Seaſon yields, at a Price agreed on with the Owners.
It is ſuppoſed that there are more than ſixty thouſand Inhabitants, of which
the leaſt Part are Dutch, ſo that theſe are forced to maintain large Garriſons to
awe the Natives, in Caſe they ſhould be diſſatisfied at the Reception of their
Cloves. And it may be ſeen at what an Expence both of Blood and Money the
Company have ſecured to themſelves this Branch of Buſineſs; and yet after all
their Care and Precaution, it never has, nor ever will be, in their Power to
hinder the Extraction of the Spices entirely, and in the Manner they endeavour
to guard againſt, with ſo much Jealouſy: I mean by partly falling into the Hands
of Foreigners, through the Connivance of their own Officers and Servants. The
total Number of the Clove Trees growing in all the Places before-mentioned
are ſuppoſed to be about two hundred and fifty thouſand, extra of the young
Plants rearing, to ſupply the old ones Decay; and as their Fecundity is uncer-
tain, and greatly varying according to the different Seaſons, I here add the Pro-
ducts of ſeven ſucceſſive Years, that my Reader may thereby calculate the Ave-
rage, viz. in 1705, two thouſand and fix Bahares (of five hundred and fifty
Pounds, as before-mentioned ;) Anno 1706, twenty-ſix hundred and fixty-one
Bahares ; Anno 1707, ſeventeen hundred and ninety-eight Bahares ; Anno 1708,
fix hundred and two and a half Bahares ; Anno 1709, twenty-nine hundred and
fifty-nine Bahares ; Anno 1710, nine hundred and thirty-ſix Bahares ; and Anno
1711, thirteen hundred Bahares.
4
Timor


840
GENERAL COMMERCE OF THE WORLD.
TE
are continually arriving, with a great Part of the immenſe Riches thoſe two Em-
Timor and Solor are alſo two Iſles of the Eaſtern Archipelago, between the Cape
of the Ifle of Celebes, and the Iſle of Flores, where the Dutch have ſome Trade
and Forts. At Timor a Commerce is maintained in Slaves, Wax, and Sanders,
of which latter here may be collected yearly near two thouſand Bahares (of five
hundred and fixty Pounds) and Solor produces the fame Commodities, though in
much leſs Quantities.
Of the Philippines, or Manillas.
T'
HESE Iſles were diſcovered by the famous Magellan in 1520, though not
ſettled till 1564, under the Reign of the Spaniſh Monarch Philip II. from
whom they received their new Name. They lie in the Indian Sea, between
China and the Moluccas, at about an hundred Leagues diſtant from the Coaſts of
Camboya and Champaa, and two hundred from the Mariannes Iſlands; they com-
poſing one of the five Archipelagos in the Oriental Ocean, and by ſome are num-
bered in eleven hundred, though others count them as many thouſands, which
is undoubtedly an Exaggeration, greatly exceeding the Truth.
The Iſland Manilla, ſo called from its Capital, is the moſt conſiderable of all
thoſe poffeffed by the Spaniards, and the Centre of their Trade, which they ex-
tend on one side as far as China, and on the other to the American Coaſts, or
the South Sea. This Ille, though ſeated under the torrid Zone (as well as the
Reſt of the Philippines) enjoys a healthful temperate Air, notwithſtanding its firſt
bad Reputation. It is the Northernmoſt of all theſe Ines, and is not leſs than
four hundred Leagues in Circumference.
Mindanao, which on the contrary is the Southernmoſt Ille, hardly yields in
Grandeur to the foregoing, but the Inhabitants in ſome Sort carry on a diſtinct
Commerce, either with the Spaniards (when not at War with them) to China,
Borneo, or the other Inles of Sonda, where they carry ſeveral of their Products,
and return with the Commodities they want. They had alſo a ſettled Trade
with the Moluccas, before the Portugueſe and Dutch became Maſters of them.
The Merchandize which theſe People carry to all the ſaid Places, are Gold,
(which they gather in their Mountains and Rivers, particularly in that of Ba-
tuam) Wax, Rice, Sago, Stuffs (made of a Tree's Bark) Cocoa Nuts, Seſame, Oil,
Iron, Steel, and baſtard Saffron. The Spaniards alſo extract from hence Timber
for building their Galleons, which are larger than thoſe of the European Con-
ſtruction; and this Ifle alſo affords many thouſand Skins (eſpecially of Stags and
Buffaloes) which are proper for the Japan Trade; and we might reckon among
the Commodities of its Growth, Nutmegs, Cloves, Betal, Cacao, and Pepper; but
the Natives omit the Cultivation of more than they want of the two firſt, for
Fear that if they increaſe their Plantations, it might invite the Dutch among them,
and put them on endeavouring to become Maſters of that Buſineſs here, as they
had done at the Moluccas and Banda.
Almoſt all the Trade the Spaniards tranfa&t, is managed (as before obſerved)
in the City of Manilla : This Capital, the Reſidence of the Archbiſhop and the
Viceroy, is ſituated in fourteen Degrees fifteen Minutes of Latitude, in the moſt
Southern Part of the Iſle; its Harbour is very good, ſpacious, and ſecure;
it is here where the two Galleons that load at Acapulco in New Spain yearly
rive, and from whence they return with the ſucceeding Mouffon to the ſaid
Place of their Departure. It is alſo here that the Chineſe and Japaneſe Veſſels
this
City is a Sort of Depoſitary for the Eaſt. The Time of theſe People's Ne-
gociations is commonly from December to April, during which Term, thirty of
forty of their largeſt Vefſels are always ſeen in the Road, and in the remain-
ing Part of the Year, four or five hundred of all Sizes, which belong to the
Spaniards and the Chineſe ſettled in the Iſles, with others trading to this Archi-
pelago, The Portugueſe alſo carry on a good Trade here, and it is in this only
that they make any conſiderable Gains, fince they loſt that of Japan; though
of all the Nations who traffick here, the Chineſe are thofe who carry on the
ز
and
ar-
greateſt
OF ASIA, & c.
841
-
greateſt Commerce, and the Number of them reſiding here may amount to at
leaſt two thouſand. The Goods which they, and other Strangers, bring here,
are Silk and Cotton Stuffs of all Colours, raw and ſpun Silk, Cotton Wool and
Thread, Gunpowder, Brimſtone, Iron, Steel, Quickſilver, Copper, Wheat Flour,
Walnuts, Cheſnuts, Biſcuit, Dates, Porcelaine, Cabinet, Efcrutores, lacquered
Trunks, Rice, all Sort of Drugs, Saltpetre, Cotton Cloth, white and coloured,
Ribbon Head-dreſſes for the Women's Veils after their Faſhion, Pewter and other
Houſehold Furniture made of it, Silk Fringes, and Thread ones of various Sorts ;
in fine, divers Merceries and Hardware, of China and Europe, and ſeveral Sorts
of Glaſs Beads, which are proper for the Iſle of Mindanao.
The Exports from the Philippines conſiſt of the Products of the Country, and
thoſe brought there from America; the firſt are Gold from Mindanao, Wax, Ho-
ney, Tobacco, and Sugar, tranſplanted from the Weſt-Indies, and which flouriſhes
here perfectly well, Stags, and other Animals Skins, both wild and tame, Tim-
ber, as well for Houſe as Ship Building, Plantain Cloth and Thread, ſeveral Oils,
Civet, and the Animals that produce it, Palm, Wine, Baſtard Saffron, Cocoa Nuts,
and all the Commodities which that wonderful Tree produces; and in fine, Sago,
which ſerves the Natives in the ſame Manner that it does the Moluccans. The
Merchandize from America, are the Products and Manufactures of Peru and
Chili, and of all the Spaniſh Coaſts in the South Seas, brought to Manilla by the
Annual Galleon from Acapulco, but principally in Gold and Silver, which the
Mines of Potoſi and Chili furniſh the Eaſt with in Abundance, notwithſtanding
the vaſt Quantity that the Flota and Galleons yearly tranſport to the Weſt.
Of the Iſles of Thieves, or Ladrones.
MR:
R. Savary ſays theſe Iſlands were diſcovered in 1520, and Mr. Echard in
1552, by Magellan, after paſſing from the North to the South Sea by the
celebrated Straits bearing his Name; he called them the Iſlands of Thieves (in
Spaniſh, Iſlas de Ladrones) on Account of the petty Larceny the Natives were
guilty of, in ſtealing a few Nails and Bits of old Iron from him, and the Iſands
of Sails, from the vaſt Quantity of Canoes that at once ſurrounded his Ship on
his Arrival; they were afterwards named Mariannas, from Mary Anne of Auſtria,
Queen of Spain, who ſent Miſſionaries there in 1665, after their being taken
Poſſeſſion of for that Nation. They are at the Extremity of the Eaſt, or upon the
utmoſt Eaſt Bound of our Hemiſphere, in that vaſt Expanſe of Waters, that lie
between Japan, the Philippines, and Mexico, or in other Words, between the
Oriental and Pacifick Ocean; there are only fourteen, or as ſome ſay, fifteen of
them known, although they are much more numerous: Gnahans and Saypan
are the moſt conſiderable and populous, having, as Mr. Savary ſays, more than
thirty thouſand Inhabitants each, although the largeſt of them is not forty Leagues
in Circumference, which muſt be a Miſtake in the ſaid Gentleman, either in the
Number of the Inhabitants, or Extent of the Iſles. Some have believed that they
had always a Commerce with the Tartars; but it is certain that, before Magel-
lan's Arrival, they thought themſelves the only Inhabitants of the Earth, igno-
rant even of the Uſe of Fire, which they took at firſt for a devouring Animal,
to whom an Approach was dangerous. Since the Spaniards have been eſtabliſhed
here, thoſe of the Philippines, diſtant only two hundred Leagues, maintained ſome
Trade here, and the annual Acapulco Ship always touches for Refreſhments,
which they truck againſt Linens, Iron, Merceries, and Hard-Ware; but this
Trade is ſo inconſiderable, as would have induced me to paſs it without Notice,
had it not been to avoid neglecting the Memento of the ines, which, by their
Situation between Aſia and America, may very much favour thoſe, who carry on
a Marine Traffick from the South to the Eaſt.
IO E
Of
842
GENERAL COMMERCE OF THE WORLD.
Of the Iſles of Japan, or Japon.
TH
HESE Ifles lie in the Sea of China, between thirty-one and forty Degrees
of Latitude, about two hundred and eighty Leagues diſtant from the Con-
tinent in fome Places, though in others not above fixty. The three principal
ones are Niphon (in which is ſeated Meaco, the moſt important City of the Illes
for Trade) Ximus, or Ximo, and Xicocon, or Xicoco. A great Number of ſmall
circumjacent Illes ſurround them, though but little known to the Europeans,
except thoſe of Firando, where the Dutch had at firſt ſome Settlements, and that
of Bongo, called Cikoko, where Nangaſaki is built, the Seat at preſent of the
Dutch Trade, and which was formerly that of the Portugueſe, before their Ex-
pulſion from Japan.
It has been for a long Time controverted, whether Niphon, the largeft of theſe
Ifles, and ſome others to the North of this vaſt Empire, do not join with Great
Tartary or to Jeffo, that Land newly diſcovered, and as yet but little known; ſome
modern Relations however ſeparate it by the Straits of Sangaar from any Conti-
nent, and more eſpecially the Obſervations of that fine Chart, which the deceaſed
Czar, Peter the Great, had made, to inform the Publick of this Truth, and to
delineate the Lands ſubject to his Dominion, ſhow that northward they are very
near to Japan, or at a Diſtance which places the one or the other (by a Strait)
within Sight. That Land which lies to the North of Japan, is called Jelo by
the Japaneſe, which they take to be an Iſland, though it is afferted by Dr. Garcin,
to be a Peninſula joined by its northernmoſt Part to Great Tartary.
One Emperor is the ſole Monarch of this vaſt Empire, and notwithftanding it
has many Kings, theſe are more Titles of Honour than Enſigns of Sovereignty;
thoſe bearing them having no more Authority than Governors of Provinces, or
Viceroys. This Country has always carried on a very confiderable Trade, either
by Strangers coming here with their Goods, or that the Japaneſe have gone to
fétch them, and carried thofe of their own Growth for Barter.
The Commerce of the Chineſe with Japan, is almoſt as ancient as the two Em-
pires, and the Siameſe and Camboyars did not carry on an inconſiderable one, till
the Dutch became Maſters of it, to the Downfall of that of the other three. The
Japaneſe trade to Cochinchina, Siam, Camboya, and the Manillas, their principal
Returns being in Silk.
The Portugueſe were the firſt Europeans who had any Knowledge of theſe Ines,
either, as ſome ſay, by Relation from the Chineſe, or Siameſe; or, as others report,
that they were driven on them by a Storm in 1534, or 1543, going to China.
The firſt Place they ſettled at was on the Coaſts of Sarunga, pretty near the City
that gives Name to the Iſle; but the Shores not being good and holding, they
four or five Years after, paſſed to the Iſle of Quiſna, near Nangaſaki, a Poſt that
the Dutch now enjoy, and carried on a yearly Trade to the Value of two hundred
and forty thouſand Pounds Sterling.
A Jealouſy in Trade, rather than a true Intereſt of State, drove the Portugueſe
out of this Empire in 1636; and with them all other Chriſtians (who were rec-
koned to be four hundred thouſand in 1620) and the Chriſtian Religion, which
St. Francis Xavier had begun to preach there in 1549.
Before the Edict, which bars the Entrance to Japan againſt the Chriſtians, the
Engliſh were well received here, and had many Privileges granted them; but the
Dutch found Means, by Miſrepreſentations, to get them among all other Chriſtians
excluded, and to continue in Poſſeſſion of the Trade themſelves, for which in-
deed they are the fitteſt, as moſt of the Products of Japan are ſold in their other
Settlements, and the Products of them brought here; though the Dutch were in-
cluded in the general Expulſion, but had taken ſuch Meaſures as to procure a
Re-eſtabliſhment in about three Years, when they returned, though not to Fio
rando their former Settlement, but to Nangaſaki, oz
. rather Diſma, where the ſame
Habitation was given them as had formerly belonged to the Portugueſe, and
where the Company's Preſident has reſided ever ſince 1641.
Nangajaki, Capital of the Iſle of Bongo, or Cikoko, is ſituated in the thirty-third
Degree of northern Latitude, before which lies a ſmall Ile, ſeparated by an Arm
of
I
ÖF ASIA, &c.
$43
of the Sea, only forty Feet wide; and for a Communication between it and the
City, there is a Bridge an hundred and fifty Paces long, by fifty wide ; at one End
of it there is a Draw-bridge, in the Hands of the Japaneſe, which the Dutch are
prohibited to paſs, without Leave from the Governor of the City, on Pain of
Death; neither are any of the Japaneſe permitted to enter, except the Interpre-
ters and Factors, with whom the Officers and Commiſſioners of the Lodge may
only have Communication.
All the Iſland is palliſadoed round, for the Security of the Company's Ware-
houſes; four long Streets divide it, which are croſs cut by ſome public Places;
on each side are a Number of Magazines, though the principal one is at the
Gate of the Bridge, where the Goods are ſold. There is another Port to the Sea
Side, which is where they load and unload their Vefſels.
The Impofitions on them are very extraordinary, and what no Nation could ſub-
mit to, leſs wedded to their Intereſt than the Dutch; but theſe patiently bear every
Innovation and Inſult, for the enchanting Premium of an hundred and fifty per
Cent. that they are ſuppoſed to make by this lucrative Commerce, and which it is
reckoned leaves the Company an annual clear Profit of five Millions. The two
Ships that the Hollanders ſend to Japan, carry their Returns to Batavia, where
the Repartition of the Goods brought there is made, according to their Propriety,
for the different Markets in India, Aſia, and Europe, that the Company trade to.
The Merchandizes of Europe, India, and China, fit for the Trade of Japan, are
Scarlet and other lively coloured Cloths; Camlets of various Sorts; red Serges,
Burats (a coarſe woolen Stuff) Gold and Silk Brocades; Damaſks; black and co-
loured Armoiſins; Gauzes, and other Silk Stuffs; whitened and raw Silks; Cotton
Thread and Wool; Embroideries; Carpets, Linens; Silk Night-Gowns ready
made; Flanders Pack Cloth; Glaſs and Earthen Bottles; Lead, Pewter, Steel; dif-
ferent Sorts of Aloes and Brazil Wood; white and Muſcovado Sugar; Cambodian
Nuts; the Skins of a Fiſh like a Thornback; Allum; red Leather; Capoc (a
Sort of very fine Cotton) Wax; a mixed Metal called Calin; Sublimate, Caffia,
Verdigris; Tea; Colours for Porcelaine; Camphire, Mulk, Paper, Pepper, Spices,
Elephants Teeth, Hemp, red Wool, medicinal Drugs, Borax, Quickſilver, China
Porcelaines; and Merceries of all Sorts from thence and Nuremberg; red Coral,
and Stag Skins, with thoſe of other Animals; of which Green Hides the Dutch
carry yearly to yapan two hundred thouſand of Stags, and an hundred thouſand
of Beeves, moſtly procured from Siam; and of which the Iſland of Formoſa fur-
niſhed them a Quantity whilſt they remained Maſters of it.
Almoſt all the Goods are paid for in ready Money, and a large Profit is to be
made by carrying them to China and Bengal.
From Japan the Exports are, all Sorts of Houſehold Furniture of painted
lacquered Wood, Fans, Porcelaine, Medicinal and Dying Drugs of the Country's
Growth; Copper, ſome Minerals, Goats Skins, Silk and Flos; of which the
Japaneſe often fell a Part, and get foreign Silks for their own Uſe (eſpecially thoſe
of China) inſtead of them.
1
Of the Trade of Jeffo.
i mi
THE
HE Country of yeſo, redfo, reco, yedio, or Efo, make only one Continent.
with ſome of the Japan Iles, although there have been both Navigators and
Geographers, who have thought it ſeparated by an Arm of the Sea, which the
Japaneſe alſo affirm. Its Inhabitants and Trade were for a long Time unknown
to the Europeans frequenting the Aſian Seas, and it is only ſince 1643, that there
has been any Advices about it; gained by the Return of a Dutch Ship called the
Caſtricum, that diſcovered it. The Natives of the Country (which is very moun-
tainous) are moſtly Savages, both in Form and Manners,' being entirely without
Religion, and almoſt covered with long Hairs like Bears, eſpecially the Moun-
taineers, though the Inhabitants of Towns are a little more poliſhed, and all
equally under the Dominion of one Prince or Governor, who acknowledges the
King of Japan for his Sovereign, and pays him yearly a Sort of Tribute, which
he perſonally preſents, and it conſiſts commonly of Silver and Oſtrich Feathers.
The
844
GENERAL COMMERCE OF THE WORLD.
The Trade which they carry on with the Japaneſe is not inconſiderable, and
theſe were the only People they knew till the Dutch appeared among them. The
Commodities which they truck with the Japaneſe, are Whale’s Fat, and their
Tongues ſmoked and dried, Furs, ſeveral Sorts of Feathers, and other Products of
their Lands and Game, beſides fome Hemp which they ſpin, by holding it between
their Teeth, and twiſting it with the Palms of their Hands. The Japaneſe Mer-
chants viſit them once a Year, and carry them Rice, Sugar, Silk Clothes, and
others of a blue Stuff called Kangan; Copper, Tobacco Pipes, and Boxes, Cups,
varniſhed Pots, and other ſmall Kitchen Utenſils, Silver Pendants, and Copper
Ear-rings, Hatchets, Knives; and in fine, all that they have comes from Japan.
Theſe People, notwithſtanding their natural Savageneſs and Barbarity, are however
very ſubtle and intelligent in their Trade, wherein they are truly juſt and faith-
ful, without any Inclination to Theft; in general they moſtly eſteem Iron, and
more eſpecially thoſe under the forty-ſixth Degree prefer it in their Traffick with
Strangers, to all other Commodities whatſoever.
This finiſhes my Account of the Afatick Commerce, in which I have been as
conciſe as the Nature of the Subject would permit; conſcious of having already
exceeded my propoſed Limits, though I hope neither unneceſſarily, nor unprofi-
tably to my Reader, whoſe Information I have ever ſtrictly conſulted, rather than
any Eaſe or Advantage to myſelf.
Concerning the Trade of America.
MERICA was diſcovered in 1492, by Chriſtopher Columbus, a Genoefe, though
Americus Veſpucio, a Florentine Merchant (who went there in 1497 and 1499)
had the Honour to give it its Name: It is divided into two great Parts, that form
a Peninſula each, and are joined by an Iſthmus, hardly ſeventeen Leagues wide.
Both are denominated from their Situation; that to the North being called North-
ern America, and that to the South Southern. This laſt is alſo named Peruvian,
and the other Mexican, from Peru and Mexico, the two greateſt Empires that
the Spaniards conquered in this new World; whoſe Diſcovery having been made
at the Expence of Ferdinand and Iſabella, King and Queen of Caſtile and Arra-
gon, the Spaniards have always pretended, that theſe new found Lands ought to
belong to them only; but other Nations not attending the Diſcuſſion of this un-
juſtifiable Claim, have each taken Poſſeſſion of what ſuited their Conveniency in
the one and the other Part; ſo that the Portugueſe at preſent ſhare the Empire
of Peru with its pretended Owners; and the Engliſh, French, Dutch, and Danes,
are Maſters of the greateſt Parts of Mexico, and the Northern Ines.
America is almoſt environed by the Sea, called either North or South, according
as the Coaſts it waſhes are ſituated towards either of thoſe two Points of the
Heavens; the South being alſo called the Pacifick Sea. In the one and the other
Sea (joined by the Straits of Magellan, Maire, and Browers) are ſeveral Illes,
though many more in the North than in the South, this having none that are
conſiderable; whilſt the North has the Bermudas, Lucayes, Antilles, and the
large Illes of Cuba, St. Domingo, or Hiſpaniola, Jamaica, St. John de Porto Rico,
Terra Nueva, Cape Breton, or Louiſbourg, and ſome others of leſs Importance,
and uninhabited.
The Diviſion of this new diſcovered Quarter of the Globe is as follows,
viz.
The Spaniards, who were its firſt Conquerors, and who are alſo the beſt ſettled
here, poſſeſs on the Continent all Southern America, except Brazil, belonging, to
the Portugueſe, and ſome Places in Chili, Magellan, and the Iſthmus of Darien,
where they never have been able to ſubdue the Indians, who are therefore called
Indios bravos, brave Indians.
Spain alſo occupies the beſt and richeſt Part of the Northern Diſtrict to Miſippi
New Albion; and the Illes belonging to them are, Hiſpaniola, otherwiſe called
St. Domingo (which the French thare with thein) Cuba, Porto Rico, Margarita,
Lucayes, and ſome others of leſs Note, that the Spaniards only ſometimes viſit,
without having any Colonies on them,
Next
OF AMERICA, &c.
845
Next to the Spaniards the Engliſh have the moſt flouriſhing Settlements in Ame-
rica, as well for the Number of Inhabitants, and the Quantity of Ships fent there
yearly, as for the valuable rich Commodities they produce.
The French have in Terra Firma, Miſipppi, Cayenne, and ſomething towards
the River Surinam.
Their Ines are, Martinico, Guadalupe, and Santa Croix,
among the Antilles. They have beſides the Southern Part of St. Domingo, and
the little Iſle of Tortuga near to it.
The Portugueſe only poſſeſs in America the Coaſts of Brazil, extending from
the River of the Amazons, to that of St. Gabriel, near the River of Plate; this
Coaſt is divided into fourteen Commandaries, of which the beſt known in Europe
are Fernambouc, the Bay of all Saints, and Rio Janiero.
The Dutch, fo well ſituated in the Eaſt-Indies, are bad enough off in the Weſt,
where all their Colonies are reduced to thoſe of Saba, St. Euſtatia, and Walke-
ren, all the ſmalleſt Illes of the Caribbees; but to make thein ſome Amends, they
poffefs thoſe of Bonaire, Aruba, and Curacoa, which lying pretty near to Car-
thagena, and Porto Bello, furniſh them with frequent Occaſions of carrying on a
very beneficial contraband Trade, againſt which the Spaniſh Governors uſually
ſhut their Eyes.
Surinam, at the Mouth of the River with the ſame Name, on the Coaſt of
Guaiana, belongs alſo to the Dutch, as does Bamrom, Aprouvace, and Berbice, all
theſe in Terra Firma, and are, as one may ſay, ſeparated by Cayenne, appertain-
ing to the French.
In fine, the Danes are ſettled in the little Iſle of St. Thomas, where the Ham-
burghers have alſo a Factory. This Iſland is not very diſtant from Porto Rico,
and they have another ſmall one among thoſe called the Virgins.
Theſe are the only Nations ſettled in America, and having ſpoke of their Por-
ſeſſions, I ſhall now proceed to treat of their Trade, beginning firſt with that of
the Spaniards, as Maſters of a larger Share of thoſe Parts than all the Reſt put
together.
The Iſle of Cuba is the largeſt of the American North Sea, after St. Domingo,
which however it greatly ſurpaſies in its Riches and Commerce. It lies Eaſt and
Weſt from twenty to twenty-three Degrees of North Latitude; it is about four
hundred Leagues in Circumference, and is almoſt cut in two by a Chain of Moun-
tains, from whence iſſue ſeveral Brooks and Rivers, whoſe Gravel contains ſome
fine Gold, a plain Indication of the neighbouring Mines being impregnated with
that Metal, though hitherto they have remained unwrought, as well as thoſe of
Copper and Silver, ſuppoſed to be within three Miles of St. Jago, the Capital of
the Ine; but its chief Riches are the vaſt Number of Hides cured here, taken
from the Infinity of both its tame and wild Cattle; beſides which it produces,
Sugar, Tobacco, Tallow, dry Sweetmeats, Ginger, Caſſia, Maſtic, Aloes, Sarſa-
parilla, and a great Quantity of Tortoiſe-lhell.
Hiſpaniola, more commonly called St. Domingo, from the Name of its Capital,
is ſeated between the eighteenth and twentieth Degree of North Latitude, near
the Middle of Cuba, Jamaica, and Porto Rico; from which latter it is only ſepa-
rated by a very narrow Strait. The principal Commodities that the Spaniards
trade in from their Part, are Hides, Tallow, Sugar, Ginger, Cocoa, Wax, Honey,
fome Ambergris, Brazil and Guayac Woods (which grow here) and that of Cam-
peche brought from Abroad; in fine, Lemons, Oranges, and many other Fruits,
foid freſh, and of which moſt excellemt Sweetmeats are made, both wet and dry:
Here are alſo ſome Gold Mines, but ſince the entire Deſtruction of the Natives,
they remain unknown, and the preſent Poſſeſſors have no more of this Metal,
than what is found among the Gravel of the Rivers.
The City of St. Domingo (feated in the Southern Part of the Ille, at the Mouth
of the River Oſano) is the Capital of the Spaniards Share in Hiſpaniola, and the
Staple of their Goods, either Native or Foreign; the Inhabitants of the other
Towns coming here to furniſh themſelves with theſe from Europe, and the Con-
tinent of America (brought here in the Ships of that Nation) at the ſame Time
leaving their's for Èmbarkation. The Salt-ponds of the Inle are almoſt equally
divided between the Spaniards and the French, there being many in the Northern
Part,
10 F
846
GENERAL COMMERCE OF THE WORLD.
on.
ing the Goods from Panama, and returning with thoſe from Europe, the Difcance
Part, where the latter inhabit, and not fewer in the Southern, where the former
have their chief Eſtabliſhments: The moſt abundant, and from whence the
beſt Salt is extracted, are thoſe of the Bay of Ocoa and Corodou to the South;
and them of Caracol, Limonade, and Monte-Chriſto, to the North-Eaſt. Here
is alſo found ſome Mountains of Sal Gemme, but they are neglected, as well as
ſome other Minerals, which might become (with a proper Care and Application)
a conſiderable Object of Trade.
Porto Rico is ſituated fifteen Leagues to the Weſtward of Hiſpaniola, 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 moſt ſpacious, commodious,
and ſecureſt in America, or from the Quantity of Gold, at that Time extracted
from the Mines of this Ine.
There is now but little of this precious Ore appears in the Commercial Tranſ-
actions of the Ine, the>
Mines having been either exhauſted, or neglected for Want
of Workmen; here is, however, always ſome little collected in the Rivers Sand,
and particularly in the Torrents that fall from the Mountains, and moſt abun-
dantly in thoſe of Mantanabow and Cecubo.
The chief Trade at preſent carried on here, conſiſts of Sugar, Ginger, Hides,
Cotton, Wool, and Thread; Caſſia, Maſtick, Guayac, Mays, Salt (of which here
are excellent Ponds) Oranges, and Lemons, freſh or preſerved, and all sorts of
Cattle. Its principal Cities are, Porto Rico (the Capital) St. Germain, Arezibo,
and Guddiamila, though the firſt is where all the Buſineſs of the Ine is carried
Margarita, or Pearl Iſland, on the Coaſt of South America, at eleven Degrees
of North Latitude, was for a long Time famous for the Fiſhery of Pearls, but
has been deſerted ever ſince the Middle of the ſeventeenth Century, and this Bu-
ſineſs transferred to La Rancheria, in the River of La Hacha, where the Spa-
niards ſent ten or twelve Barks yearly from Carthagena, convoyed by a Man of
War of twenty-four Guns, with proper Divers for the Oyſters.
Of the Trade on the coaſt of Spaniſh America in the North Sea.
IT would undoubtedly be too long, and an unprofitable Atempt, to enter into
an exact Detail of all the Maritime Towns, where any Trade is carried on,
in this Part of the Spaniſh Dominions; I ſhall therefore deſcribe thoſe Places
which ſerve as Staples, or publick Storehouſes, and where the Flota, Galleons,
and Regiſter Ships, come to deliver their European Goods, and reload thoſe of
America.
The Chief of theſe Cities in the North Sea, are Porto Bello, for Peru and
Caſtile d'Or, or New Caſtile; Cartbagena, 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 Ayres, for Paruguai and Chili; and ſome others of leſs Conſe-
quence.
Porto Bello is no ancient City, having been built in 1584, to ſerve as a Re-
treat for the Galleons, inſtead of Nombre de Dios, ſeated leſs advantageouſly,
and where bad Air expoſed both the Europeans and the American Merchants
to many Diſorders, when their Traffick obliged them to meet at this unhealth-
ful Place; though the former is but ſmall, and almoſt as unwholeſome as the
other.
It is here that the Fair is held, for a Month or fix Weeks, while the Gal-
leons ſtay, when the principal Dealers return to Panama, where they reſide all
the Reſt
of the Year. The Concourſe is ſo great at Porto Bello, during the Fairy
that the ſmalleſt Shop often lets for a thouſand, and a middling Chamber for an
hundred and twenty Dollars, only for the ſhort Time it laſts; Proviſions alſo aug-
ment proportionably, and commonly two thouſand Mules are employed in bring-
what they bring from Panama on the ſaid two thouſand Mules, is Gold and Sil-

I
ver,
OF A M ER Í CA, &c.
$47
ver, which is delivered at the Place of the Fair, and after being there weighed,
and marked by the proper Officers, is thrown by with as much Neglect, till em-
barked, in the Corner of ſome Warehouſes, as Pigs of Lead are in the Countries
where they abound.
I have already mentioned, under the Article of the Spaniſh Trade, what Com-
modities were proper for the Weſt Indies, and ſhall now add, that the Returns
from Porto Bello are in the aforeſaid precious Metals, Indigo, Cochineal, Cacao
(now brought only by the Caraccas, or Guipuſcoa Company) Sugar, Tobacco,
Hides, &c. The King's Revenues (being one-fifth of all Gold and Silver) are
generally ſent Home by the Galleons, as well as what appertains to Particulars,
and which is delivered theſe latter at Cadiz, after Payment of ſuch Duties as the
King thinks proper to impoſe.
Carthagena is one of the four Provinces of New Caſtile, whoſe Capital (with
the ſame Name) is ſeated on the North Sea, though very diſtant from Porto
Bello, to which it is hardly inferior for its Trade, and greatly exceeds it in Gran-
deur, Populouſneſs, and Riches. It is one of the beſt Ports in the World, and
therefore made Uſe of by the Galleons for Wintering, when they are obliged
to paſs that Seaſon in theſe Parts, and where they often call on theſe Occaſions;
beſides which, this place maintains a great Trade with almoſt all the Provinces
of Mexico and Peru, and no ſmall contraband one with Jamaica and Curacoa.
It is here alſo, that the Revenue of his Catholick Majeſty, and the Effects of
Particulars, are brought from New Caſtile, and the other three Provinces of that
Kingdom, to be ſent Home by the Galleons; theſe Commodities are Gold, Sil-
ver, Drugs, Medicinal Plants, Spices, and all others mentioned to be ſhipped from
Porto Bello, beſides fome Emeralds from the Mines, near the City of St. Fe de
Bogatto.
Vera Cruz, called alſo St. John de Ulhua, from the Name of its Port, is ſituated
at the Bottom of the Gulf of Mexico, in the Nook formed by the Yucatan; and
is in ſome Manner a City of the greateſt Trade in all the Spaniſh America, either
on the one, or the other Sea ; its Merchants ſending their ships in all the Nor-
thern Ocean, and to the Iſles of Cuba and St. Domingo, to Jucatan, Porto Bello,
Carthagena, and all other Spaniſh Places where any Trade is carried on: And
though ſo extenſive a Traffick might ſuffice to enrich a much larger City than
this, it is however the leaſt Object of its, Inhabitants Commerce, as it is here (if
I may be allowed the Expreſſion) that all the Riches of the Old and New World
unite; thoſe of the firſt brought annually in from the Manillas, and Eaſt-Indies,
by the Way of Acapulco; and from Europe, by the Flota; and the Products of
the latter, collected here from all Parts of Mexico, to be forwarded to Old Spain.
The Number of Inhabitants is not very conſiderable, as they hardly exceed
three thouſand, but theſe are all Merchants, or Factors to thoſe of Mexico,
among which are many who have three or four hundred thouſand Dollars to
employ.
The Fair begins on the Flota's Arrival, and laſts as long as it ſtays here,
when the Concourſe is very great; and in Caſe its Detention is all the Winter
(which ſometimes happens) this is the Place it remains at; though it generally
loads in April, and departs in May, if the Weather permits; if not, continues here
till Auguſt
, according as Winds and other Circumſtances are favourable, or
otherwiſe.
Porto Cavallo is the Place where all the Trade carried on between Spain and
the North Sea with Guatimala (a large Province of Mexico in the South Sea) is
tranſacted. Its Inhabitants are almoſt all Factors to the Merchants of Guati-
mala, and their Houſes Magazines for the Reception of their Goods, being a Port
of greater Commerce than any in the Gulf of Honduras, at whoſe Bottom it is
feated
pretty near to Rio-Dulce, called alſo the River of Guatimala. The Spa-
niſ Ship that brings the European Merchandize here, is one of the Regiſters,
commonly of ſeven or eight hundred Tons Burthen, loaded, as I have formerly
mentioned, with Iron, Steel, Paper (for writing and print) Linens, fine Cloths,
Silks, Saffron, Oil, Serges, Ribbons, Thread, and ſome ſmall Hard-Wares, Mer-
ceries, and Glaſs Beads for the Indians.
The

848
GENERAL COMMERCE OF THE WORLD.
Oil, &c.
The Goods which come from Guatimala, are Gold, Silver, Cochineal, Indi-
go, Hides, Sarſaparilla, Jalap, Mechoacam, Cotton, Balm, a Specie of Petrole
Maracaibo is the Name of a great Lake, at the Extremity of the Bay of De-
nezuela, as alſo of the principal Town that the Spaniards have on it; which
though but ſmall, is well built in the modern Taſte: It has a moſt excellent
Harbour, and its Merchants are ſo rich, as to build, fit out, and load their own
Veſſels for all Parts of America, and ſend them even to Spain. This City has the
Privilege of a yearly Regiſter Ship to load the Products of the Country, and bring
thoſe from Europe fit for this Market. It is alſo the Depoſitary for the Goods
from Merida, and of ſome other Places on the Frontiers of New Granada, 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
Eſtates. It is from Merida that all the Gold, Silver, and precious Stones, are
brought to Maracaibo; and from Gibraltar, the beſt Tobacco, and the moſt ex-
cellent Cacao, that all the Continent of America 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
ſmall Mercery, and many other of thoſe I have formerly mentioned.
Buenos Ayres, ſituated 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 ſmall River, falling into the great one. It contains near four
thouſand Houſes, all Earth, except fifty Brick; 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, firſt,
with Brazil, where the Merchants ſend their Ships, although they will admit no
Portugueſe into their Ports. Secondly, with the Spaniards of Europe, who load
ſeveral Regiſter Ships, to bring here all ſuch Goods as I have mentioned to be
fit for Porto Bello. Thirdly, with the Engliſh when the Affiento Trade ſubſiſted;
and fourthly, here comes many Veſſels from ſeveral Parts of Spaniſh America.
The chief Commodities exported from Buenos Ayres, are Hides (of which
vaft Quantities are ſhipped here) Cochineal in ſmall Cakes, and Vigonean Wool,
both from Peru, Coquimbo Copper, Paraguay Herb, Tobacco, Loaf and Muſco-
vado Sugar, Cotton Thread, yellow Wax, and what elſe the Cities of Paraguay
and las Corrientes produce; in Truck of which the Inhabitants of thoſe two Places
take Knives, Sciſſars, Ribbons, Taffeties, Linens of Bretagne, flowered ditto of
Rouen, Silk Stockings, Englifh coloured Flannels, grey Caſtor Hats, Silk Stuffs,
Cloths, and Peru or Quito Flannels, as no Caſh ever comes from or goes to either
of the ſaid Cities.
The Bay of Campeche, and the Coaſt of Caraccas, ought alſo to have a Place
among the trading ones of Spaniſh America in the North Sea, as the firſt abounds
with the Dying Wood, ſo much eſteemed in Europe for Blacks, and Violets.
The City of Campeche, which is the Capital of the Country, is ſeated in twenty-
nine Degrees of Latitude, and the only one that there is, from Cape Catoche to
Vera Cruz. The Goods extracted from hence, beſides the aforeſaid Woods, are
Timber for Building, Wax, Sugar, Caſſia, Sarſaparilla, and Hides.
The Caracca Coaſt is fruitful in that Sort of Nut, wherewith Chocolate is made,
and though it ſeems a long Chain of Mountains, yet it has many Vallies, where
the Inhabitants of Caracca (Capital of the Country) maintain their Slaves to cul-
tivate the ſaid Nut Trees, which produce the Cacao leſs in Size than what is ga-
thered in other Parts, yet this is eſteemed the beſt in Quality of all that America
yields.
This Coaſt affords little Trade beſides this Fruit, though here are ſome Hides
and Silver, but theſe are contraband Commodities; and the Goods moſt ven-
dible here, are ſeveral Sorts of Linens from Europe, and Calicoes from India,
Brandy, Earthen Ware, and ſeveral other Manufactures of England, France
, and
Holland.

Of
5
OF
849
AMERICA,
Esc.
Of the Commerce of the Spaniſh American Coaſts in the South Sea.
T
HAT Part of the Ocean, entered from the North Sea, by the Straits of
Magellan, Maire, and Bowers, and which waſhes the Meridional Coaſts of
America, from the ſaid Straits to the Iſle of California, is called the South Sea ;
it is alſo called the Red Sea, the Pacifick Sea, the Sea of California, and the Sea
of Jelo; but this is only when a Part is to be ſpecified, the Name of the South
Sea comprehending the whole, when ſpeaking in general.
The principal Cities which the Spaniards pofſels on theſe Coaſts, and where
they carry on the greateſt Trade, going up them from Chili to New Spain, are
Baldivia, the Conception, Valparaiſo, Arica, Lima, and Callao its Port, Panama,
Acapulco, and La Navidad; beſides which principal Places, here are a Multipli-
city of ſmall Ports between them, that either ferve for loading Places to ſome
inland Cities, or for carrying on a Coaſting Trade, with the Products of each par-
ticular Diſtrict; the chief of which are Auroca, Lavelia, Guiarme, Paita, Rio-
Tomba, Selaques, the Trinity, St. Michael, Tomaco, Sanſonnat, Sagno, Nafca, Piſca,
Pachacama, Barbacoa, Tecoantepeque, Nicoya, Chiricito, and ſome others.
Baldivia, La Conceptione, and Valparaiſo, are ſituated on the Coaſt of Chili, and
it is in their Ports that all the Trade of this Kingdom with that of Peru is
tranſacted, as the Way by Land, although ſhorter, is both more difficult and dan-
gerous, on Account of the Mountains to be croſſed, which are almoſt all Deſert,
and ſo difficult of Acceſs, by the extreme Cold always reigning here, that there
are but few Merchants who care to run the Hazards of them; and the other Road
by the Deſert of Datacama, notwithſtanding it is the ſhorteſt, is not leſs difficult
through the Want of freſh Water.
Baldivia is the firſt City found on the Coaſt, after paſſing the Straits of Ma-
gellan, and is ſeated two Leagues from the Sea, in the fortieth Degree of Lati-
tude, between the Branches of two Rivers, which at their Mouth form one of the
fineſt and ſecureſt Ports on all this Coaſt. The Gold Mines, which are not very
diſtant, and more abundant and rich than any other of Chili, rendered it formerly
very famous, but the Revolt of the Arauco Indians, who invaded and took it in
1599, and whom the Spaniards have not been able to ſubdue fince, has greatly
diminiſhed its Reputation and Trade, although theſe latter are re-eſtabliſhed here,
and maintain a Garriſon of two hundred Men. Its principal Trade by Sea is to
Lima, the Capital of Peril, where they yearly ſend eight or ten Veſſels of four or
five hundred Tons, laden with all the Products of the Country, among which
are Beef and Goats Skins, Tallow, Salt Meat and Wheat. And the Returns made
by theſe Ships are in Wines, Sugar, Cacao, Spiceries, and all Sorts of Euro-
pean Merchandize, that arrive from Porto Bello to Lima, by Way of Panama.
Its inland Commerce is to St. Jago, Capital of Chili, through which it receives
from Buenos Ayres the various Commodities mentioned in treating of the Trade
of that famous City.
La Conceptione, reckoned the ſecond City of Chili (counting Baldivia for the
third, and St. Jago for the firſt) is ſeventy Leagues from this laſt, and fixty
from the other. Its Port, in Form of a Horſe-ſhoe, and from thence called by the
Spaniards Herradura, is five Leagues from the City, to which light Veffels go
up by the River Andalien which croſſes it. The Mines of Quilacoya, and Qui-
lacura,
are only four Leagues diſtant, and the principal waſhing Places of the
Kingdom much about the ſame; it is here that on ſeparating the Earth from
the Metal by this Lotion, that thoſe Lumps of Gold are diſcovered, which are
of the greateſt Purity, and ſo much enrich the fortunate Finders : And which,
as well as all that is extracted from the Mines, is carried to the Mint at St. Jago,
to pay the King's one-fifth, which is ſent with the Reſt of the Royal Revenue
to Lima. The Natives breed a great Quantity of large Cattle and Goats, the Skins
of which laſt they make into Cordovans, and ſend theſe with the other Hides
to Lima, from whence, by Panama and the River Chagre, they are tranſported
to the North Sea. The other Commodities in which they trade being much the
ſame as thoſe of Baldivia, with the Exception of Wool and Cloth, and other
Stuffs


10 G
859
GENERAL COMMERCE OF THE WORLD.
Stuffs made in the Country, and the Ships which the Inhabitants ſend Yearly to
Peru, being ten or twelve, bring with little Difference the ſame Returns as thoſe
of the other aforeſaid City do.
Valparaiſo is ſeated in a Bay of the ſame Name, at the Mouth of the River
Topocalma, and ſerves as the Port to St. Jago, the Capital of Chili, built on the
fame River, fifteen Leagues from the Sea.
the Sea. This Port is one of the fafeſt and
moſt commodious of thoſe on the South Coaſt, and is where all the King's Re-
venue of Chili is embarked for Peru, as alſo the Effects of Particulars deſtined
for the North Sea, conſiſting eſpecially in Gold, drawn from the Mines near
Baldivia and the Conception, or thoſe of Tiſtil, which are between Valparaiſo and
St. Jage. There are alſo carried to Lima Turquoiſes, which are found in an ex-
cellent Rock, opened in the Valley of Copiapo, in the Northern Part of Chili.
Quintero and Coquimbo are alſo two maritime Cities of Chili, where ſome Bu-
fineſs is tranſacted, eſpecially at this laſt, in whoſe Neighbourhood is a Copper
Mine, producing Metal with which all the Artillery of Peru and Chili is caſt.
Arica, although it is the laſt conſiderable City in Peru, for the Number of
its Inhabitants, and Beauty of its Buildings, there is ſcarcely any Place which,
in ſo ſmall a Time, tranſacts ſo rich a Commerce, its Warehouſes being, for fifteen
Days, the Depoſitories of all the Treaſures from Potoſ; and the Silver Fleet,
which yearly fails with the King's Revenue, and the Mines Produce for Lima, to
be afterwards forwarded by the Way of Panama to Porto-Bello, in the North Sea,
for the Galleons. This Treaſure is brought from Potoſi to Arica in March; and
in June the Lima Ships come to load it. The City is ſituated in eighteen De-
grees forty Minutes of Latitude, ſeventy Leagues from the City of Potoſi, to
which it however ſerves for a loading Place, as before-mentioned.
The Merchandizes which are brought from Lima, and other Ports of Perii,
to Arica for Potoſi, are European Cloths and Serges, with others from Quito,
where the beſt Woolen Manufactures are of all Peru. Gold, Silver, Silk, and
Cotton Stuffs; theſe made in the Country, and the others coming from
Spain by the Gallecns, Flour, Wheat, Maiz (or Indian Wheat) Acicoca (an
Herb ſerving inſtead of Paraguay) Ariquipa Wines, the beſt of Peru, where the
King of Spain permits the planting Vineyards, Oil, Olives, Butter, Cheeſe, Sugar,
Salt, Quickſilver, Sweetmeats, Syrups, and all Sorts of Hard-Ware, and Iron
Utenſils for the Service of the Houſe and Mines; all which are paid for in the
latter's Argentine Produce; as the City of Potoſi (called alſo an Imperial City)
being ſeated in a Country ſo barren and unfruitful, would furniſh nothing to Trade,
if its Mountains did not cover thoſe inexhauſtible Silver Mines they do.
It is alſo owing to the Richneſs of its Mines that this City is the fineſt, moſt
populous, and abundant in all Things, of any one in Peru ; its Inhabitants
amounting to more than ſixty thouſand (among which are at leaſt ten thouſand
Spaniards.) And its Markets, Warehouſes, and Shops, are ever full of all Sorts
of Fruits, Sweetmeats, Wines, Stuffs, Jewels, European and Indian Curiofities,
with an Infinitude of other Merchandizes and Wares, to gratify both the Taſte
and Sight, ſubſerving as well to the Pleaſure and Uſe as Ornament, although (as
has been ſaid) none of theſe Things grow, or are the natural Products of the
Country.
Lima, called alſo by the Spaniards Ciudad de los Reyes, is the Capital of Peru,
and ſeated two Leagues from the South Sea, being a Place of the greateſt Trade
in all this Part of timerica. The Riches of Peru and Chili are brought here
from the Ports of La Conceptione and Arica, where they are collected; and the
greateſt Part of the Goods that arrive from Europe at Porto-Bello, and La Vera
Cruz, are alſo brought here from the one by the Ships of Panama, and from the
other by thoſe of Acapulco. The inland Commerce of this City is not leſs than
its foreign one; and if it maintains this latter with all the Places on the South
Sea Coalts, from Chili to New Spain, its home Traffick is equally extenſive, as
it does not only
ſpread to all the
Provinces that compoſe the Empire of Peru, but
to all the other Kingdoms of Southern America, even to Buenos Ayres and Car-
thagena on the North Sea.
The Trade of Lima is carried on, partly by Spaniards, and partly by Indians,
theſe latter having more Liberty here than in any other Place of the King of

Spain's
OF AMERICA, ESC.
851
Spain's Dominions, on Payment only of a ſmall Tribute twice a Year. It is theſe
that do all the ſervile Work, and are the fole Mechanicks and Huſbandmen, the
Spaniards thinking it beneath them to ſtoop to ſuch Offices, and only engage in
the more valuable Branches of Trade, ſuch as Gold and Silver, Silks, Euro-
pean Cloths, &c. with which, and indeed with every other Conveniency of Life,
this City is ſo well ſupplied, as would induce a Belief, that this Plenty could only
be the Products of the Country. The Gold comes here from Chili, New Ca-
ſtile, Cuſco, and ſome other Provinces of Peru; the Silver from the Mines of
Potoſ, and thoſe of Oruco, Tarapaca, and Chocolocora; and the Quickſilver from
Europe and Juancabeluca, forty Leagues from Lima. They get the Country
Stuffs from Quito, and from the Mountain Towns, which are in the Neighbour-
hood of their Capital. The Wines are brought them from Arequipa, Yca, Ciſca,
and Nafca; as the Cattle are from Xaxra, Cuſco, Caneto, and Guemangua. The
Sugars, Sweetmeats, Syrups, and Preſerves, are made at Jamanga, and Gnara.
The Wheat, Flour, and Maize, come from this fame Place, Varancas, and the
Villages near to Lima : Dry Fiſh from Pieta; Carpenter's Wood from Guya-
quil, though cut on the Side of Gallo, near to it; and Salt from the Ponds of
Guara, &c. Oil and Olives from almoſt all the Ports of the Coaſts between Arica
and Lima.
Pearls are brought from the Pearl Inands in the South Sea, and Part from
Panama, of the Fiſhery of Rancherie (alſo formerly of Margarita) in the North
Sea; and precious Stones are found in many Rocks, Mines, and Rivers of Peru.
All the Gold and Silver Mines are ſo rich and abundant, that, as it is aſſerted,
the King of Spain has in leſs than fifty Years received for his one-fifth, of only
thoſe of Potoſ, one hundred and eleven Millions of Dollars.
Calao (as before-mentioned) the Port to Lima, is two Leagues from the City,
ſpacious and very ſecure, without Rocks or Shallows. It has two Channels,
the one for large Ships, on doubling the Iſle of Lobos that covers it; and the
other for Barks, or ſmall Veſſels, by a Strait between the Continent and the
Illand. The City lies along the Bank, and all its Inhabitants (above two thouſand)
are either Lima Factors, Carriers, Sailors, or Inn-keepers, as its Buildings are
Warehouſes for the Reception and Depoſit of the Goods that arrive from Aca-
pulco, Panama, Arica, and the Conceptione, or Inns to accommodate the Merchants
who arrive from all Parts, when the Fleets come here to load or diſcharge:
Two Fleets, both called the ſame, Plate Fleets, are annually fitted out in this
Port, the one for Arica, and the other afterwards for Panama. The firſt fails
towards the End of February, and after having loaded the Silver of the Potofan
Mines, returns to Lima in about a Month, or by the Beginning of April, near
the ſame Time that the Veſſels from Valparaiſo bring here the Revenues of Chili.
As ſoon as this Fleet is returned, and the Chili Veſſels are arrived, they unload the
Goods, to wait a proper Seaſon for the Voyage to Panama; the leaſt valuable are
put in Warehouſes, and the Gold and Silver, with what elſe is precious, ſent to
Lima in Carts, or on Beaſts of Burthen, with which the Road from Calao to
that City, is near full during the whole Year, more eſpecially in the three or four
Months of the Fleet's Arrival and Departure. Alſo in the Months of March and
April there arrive at Lima by Land, Gold, Silver, and the Merchandize of all
the Provinces of Peru, that are deſtined for Porto Bello, and which muſt be ready
for the Sailing of the Panama Feet.
The Departure of this ſecond Fleet is always at the Beginning of May; and it
is commonly two-thirds bigger or ſtronger, both in Merchant Ships and Men of
War, than the other; becauſe, beſides the Riches of Potoſi, which the Fleet of
Arica only brought, that for Panama carries alſo all the Revenues of the King
and Particulars Effects 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 deſtined
for Peru and Chili are brought'; and from thence ſent either by Sea or Land to
the Places they are conſigned to.
Beſides the Fleets before-mentioned, there is yearly equipped at Calao a Twenty
Gun Ship for Acapulco, a famous Port in New-Spain, by which the Spaniards of
Mexico maintain a great Trade with the Philippines, and receive a large Quantity
of


852
GENERAL COMMERCE OF THE WORLD.
of Goods from India and China. This Vefſel arrives at Acapulco a little before
Chriſtmas, and carries there Cacao, Dollars, and Quickſilver; in Return of
which ſhe brings back Spice, Silks, Chints, Callicoes, and a few other Indian
Commodities; though this Trade is prohibited to all others but to thoſe con-
cerned in the ſaid Ship; the Court of Spain having interdicted to all the Reſt of
Peru, under very ſevere Penalties, for Fear of hurting that which South America
carries on with Spain by Way of Panama and Porto-Bello.
This was the Situation of Calao before the Earthquake, which with an Inun-
dation of the Sea, that happened at the fame Time, deſtroyed every Perſon in the
Town,
except one Man, who crept up the Flag-Staff, and dropped from thence
into a Canoe, which floated under it. As this happened before the Peace of Aix-
la-Chapelle, it is not doubted but the Damage is repaired in ſome Meaſure, but
it is ſo difficult to get Accounts from that Country, that nothing can be ſaid with
Certainty.
The chief Places with which the Spaniards maintain a regular Commerce on
this vaſt Extent of Coait, are Leon, Guayaquil
, Truxillo, Leſparfo, Lavillia, Ni-
coya, Chiriquita, Paita, Sagna, Nafca, Pifca, and Pachacama, of which the firſt
produces Sugar, Cattle, Hides, Pitch, Reſin, and excellent Cordage, beſides Plenty
of Timber for Ships, whereof more are built here than at any Place in the South
Seas, except that I am juſt going to mention.
Guayaquil, in the Province of Quito, whoſe Products are Gold, precious Stones,
Cacao, Green Hides, Tallow, Sarſaparilla, Woolen Stuffs of the Country Make,
Saltpetre, Brimſtone, and Wood, worked up in the Ship-Yards of this place; it
all produces Cacao in ſuch Plenty, that there is hardly a Year in which thirty
thouſand Bales (of eighty-one Pounds each) are not ſhipped off, and fometimes
the Quantity is doubled. The Goods imported here from Lima are Wine, Oil,
Spice, and other European Commodities.
Truxillo is fix Leagues from the South Sea, having a Port called Guanchaco,
the moſt difficult to enter, and the moſt unſafe of any on the Coaſt. Its chief
Trade conſiſts in Wheat, Flour, Wine, Sugar, Sweetmeats, eſpecially Quince
Marmalade in Caſks, Cattle, Horſes, Mules, &c.
Leſparſo is ſituated in the Bay of Caldaria, two Leagues from the Sea; it is
the Port to Carthage, a City of South America, in the Province of Quimbaia,
twenty-four Leagues diſtant from it, and formerly had a good Trade, but it is now
reduced to ſome Sugar, Hides, and Proviſions, for Lima.
Panama; of all the Cities I have hitherto treated that trade with Lima, none
have ſupplied it with other Commodities than thoſe of their own Growth and
Manufactures except Acapulco; but a quite different Commerce is tranſacted from
Panama. Before this City was taken, pillaged, and burnt, in 1673, by Sir Henry
Morgan, it was ſeated on the shore of the South Sea, at nine Degrees of North
Latitude; but the new one is built at four Leagues diſtant 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 Iſthmus, that, ſepa-
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, collecting in its Warehouſes
all the Goods that the Galleons bring from Europe, as well as all the Riches of
Chili and Peru, which come by the Plate Fleet ; and although it at all Times
carries on a very conſiderable Commerce, and has its Road always filled with
a great Number of Veſſels; it is, nevertheleſs, on the Plate Fleet's Arrival, and
with the Goods by the Galleons, that the greateſt Concourſe of Merchants meet
here, and the Trade is moſt flouriſhing, being then that the Fair is held, which
attracts both the Nobility and Commonalty of the Neighbourhood to aſſemble,
and increaſe the Throng.
before they proceed to Porto-Bello ) a Courier is diſpatched to Lima, and on the
As ſoon as the Galleons touch at Carthagena (where they remain ſome Time
Receipt of this Advice, the Viceroy orders the Plate Fleet afore-mentioned to be
loaded and diſpatched, under Convoy of four or five Man of War; whilſt the
Preſident of Panama, on his Part, directs the providing Mules for the Carriage of


a Part
5
OF
AMERICA,
.
&c.
853
a Part of the Treaſure by Land, and Barks for the Conveyance of the Remain-
der by the River Chagre to Porto-Bello, that no Time may be loſt, as the Gal-
leons only remain there about a Month, during which Time every Negocia-
tion muſt be tranſacted. It is computed that the King's Effects loaded on the
Galleons, commonly amount to three Millions of Pieces of Eight in a common
Year; and that the Merchants regiſtered Effects are three or four Times as much,
extra of what is ſhipped clandeſtinely. All the Galleons muſt be ready to ſail
the thirtieth Day after Arrival, otherwiſe they run a Riſque of being left behind;
however, the Admiral commonly grants an Addition of eight Days, which is of
great Relief to the Merchants, and nothing diſadvantageous to himſelf, as this
Benefit is always procured by the Intervention of a conſiderable Preſent. The
Goods proper for this Voyage have been already deſcribed in the Article of the
Spaniß Trade, ſo I ſhall only add here, that all Iron Inſtruments, ſuch as Hoes,
Axes, Hatchets, Anvils, &c. Spice, Wine, Oil, Laces, and Gold and Silver
Stuffs, are likewiſe proper Objects of this Trade.
The maritime Towns, where (next to Lima) the Merchants of Panama carry
on their Trade, are Lavillia, which furniſh it with Hogs, Poultry, ſalt Beef,
and Sirops; Paita (or rather Piura, to which the other is the Port) from whence
are exported Wine, Oil, Flour, Sugar, Soap, and Goat Skins, made into Cor-
doans; Realegio, yielding Brandy, Sugar, Oil, Flour, and Wine; Galio, Tomago,
and Chiloe, three Iſlands producing yearly a large Quantity of Timber and Boards;
Piſca, fruitful in excellent Vineyards ; Truxillo, abundant in Wheat, Flour, and
Sugar ; Oicoya, where are plenty of Shipwrights and Yards, as alſo a Quantity of
Cattle, Hides, Wheat, and Red Wood, or Nicaragua. There are alſo ſome Pa-
nama Barks, which go yearly to fiſh for Pearls at the Iſle of Gorgona; this being
the only Place where they are found in the South Sea; thoſe called the Pearl
Inands, within twelve Leagues of Panama, now producing none,
Tecoantepeque, La Trinidad, Vatulco, and Realejo, are Places alſo on this Coaſt
between Panama and Acapulco, which ſerve for Ports, where all the Traffick of
Guatimala, Leon Quaxaca, Necarague, and ſome other Provinces of New Spain
is tranſacted, which conſiſts in Cacao, Vanillas, Achiolt or Rocou (a Dying Herb)
Indigo, Cochineal, Hides, Wheat, Maiz, Wool, Sugar, Cotton, Salt, Honey,
Caſſia, Wax, and in ſome other of the Products of Mexico.
Acapulco is next to the Port of Tecoantepeque, and ſeated ſeventeen Degrees
North of the Line. It is the Weſtern Port to the City of Mexico, as Vera Cruz is
the Northern; and the principal Places of its Trade are Peru, the Philippines, and
the Coaſts neareſt to Mexico; the Commerce of which latter is entirely negociated
through the laſt four mentioned Places, and ſome other ſmall Harbours, where the
Merchants of Acapulco ſend their Goods on light Veſſels, to extract Proviſions and
Refreſhments, although they receive large Parcels by Land on Mules, particu-
larly Flour, Chocolate, ſmall Cheeſe, Salt Meat, and all Sorts of ſuch Proviſions,
for which they have daily a Market; and the Cattle they want comes the fame
Way. I have alſo treated of the Trade between Acapulco and Peru; and though
thať between the Northern and Southern America is open and free, yet the In-
habitants of this City make but little Uſe of it, their Commerce being only ex-
tended to the Places on the Coaſt, ſo that what is tranſacted between this and
the Manillas, is what gives it Reputation, and which is carried on, in only two
Ships of eight hundred or a thouſand Tons each; whereof one is always in load-
ing at the Philippines, and fails on its Return, as ſoon as its Twin Veſſel arrives, a
Convoy being afligned them, of a twenty-eight Gun Ship, and they mounting
forty each. Their Cargo from Acapulco conſiſts partly of European Merchandize,
to Mexico from La Vera Cruz, and partly of the Products of New Spain,
both ſent to the South Sea on Mules. The Reloading back is compoſed of what-
ſoever Afia produces, that is either rich or valuable, even Pearls, precious Stones,
and Gold Duft, with which theſe Ships are ſo fully ſtowed, as to render their
between Deck Guns unſerviceable in Cale of an Attack.


brought
IO H
of
854
GENERAL COMMERCE OF THE WORLD.
Of the Trade of French America.
the pre-
I SHALL begin with the Iſles which the French poſſeſs in this Part of the
World; and firſt with the Antilles or Carribee Iſlands, of which this Nation
áre Maſters of ſeven out of the twenty-eight; ſhared that of St. Chriſtoper's with
the Engliſh, till the Treaty of Utrecht, in 1713, gave it wholly to the latter ;
but during the preſent War they have recovered it.
Martinico is the chief of them, the others are Grenada, Dominica, Tobago, St.
Vincent's, Guadaloupe, and St. Croix. Above two hundred Ships are employed in
the Trade of theſe Iſlands, and it is not uncommon to ſee eighty Merchantmen
loading at Martinico together. Tobacco was formerly the Staple Commodity
here, but the Cultivation of that Plant has been long neglected for Sugar, more
eſpecially at Martinico, which alone is ſuppoſed now to yield in a common Year,
between five and ſix Millions of Pounds Weight; Grenada and St. Croix, four or
five hundred thouſand between both : St. Lucia (taken by the Engliſh in the
ſent War) grows only Tobacco, with ſome Pulſe and Greens : Though, belides
theſe Commodities, the Illands produce among them Indigo, Cocoa, Rocou, Cot-
ton, Ginger, Caffia, Guinea Pepper, ſome Medicinal Gums, Hides, Tortoiſe-
Shell, Dying Woods, &c. The Commodities ſent there from France, are every
Neceſſary for Proviſions and Clothing, Houſehold Furniture, and Tools for va-
rious Uſes, eſpecially for Agriculture.
St. Domingo, divided as I formerly mentioned between the Spaniards and French,
carries on a very conſiderable Trade, of which the chief Places alligned the latter
are La Grande Ance, Leogane, La Grande Terra, Port de Paz, Port Margot,
Lancon Louifa, Trou Charles Morin, Lemodada, Cape François, and the Little Goare.
Beſides this Diſtribution of St. Domingo, the French poſſeſs the ſmalleſt Idle of Tor-
tuga (about three-fourths of a League from the other) and the Products of
both are Tobacco, Sugar, Indigo, Ginger, Rocou, Cotton, Cocoa, Hides, Brazi-
letto, yellow Sanders, Fuſtick, Cedar, Grenadillo, and ſome other Woods for the
Dyers or Cabinet Makers Uſe. The Ships Cargoes proper for theſe Illes are
much the ſame as thoſe for the Antilles, excepting the Salt Meat, which is not
here wanted, St. Domingo having it in ſo great Plenty, as even to ſupply the
other Iſles with large Quantities : Here are about four thouſand Families eſta-
bliſhed in the whole Settlement, which more than double thoſe of the Spaniards,
though theſe latter are near a Century more ancient here than the others.
On the Continent of North America the French poſſeſſed Louiſana, called alſo
Miſiſipi; and in the Southern America, Cayenne, and ſome other Habitation
on the River Surinam, They have been ſometimes alſo Maſters of Nova Scotia
(as formerly hinted) and they were once ſo of Newfoundland; but theſe having
been ceded to the Engliſh by Treaties, I ſhall only remark here, that with Re-
ſpect to the latter, the French are, in Conſequence of the thirteenth Article of
that of Utrecht in 1713, permitted during the Fiſhing Seaſon to build them-
ſelves Stages and Huts, and whatever elſe is neceſſary for Curing and Drying
their Fiſh, though this Privilege only to extend from Cape Bona Viſta to the
Northern Extremity of the Iſle, and from thence Weſterly to Cape Kiche'; but
they are to build nó Houſes, much leſs Fortifications, nay, are not ſo much as
to anchor here, only in the aforeſaid Seaſon.
Louiſana, or Miſſiſipi, is a vaſt Extent of Country of more than one hun-
dred and eighty Leagues, lying in North America, between Canada, Carolina, Mexico,
and the Ocean. It is in theſe newly diſcovered Lands that the famous Colony is
eſtabliſhed, which after the Year 1717 engroſſed the Attention of all Europe, and
ſet the major Part of it a madding after their Example, to the Ruin of
thouſand Families ; however, I ſhall here conſider it in its preſent Situation, and
give an Account of the real Trade that is here ſubliftingdiſregardleſs of the
chimerical and ideal Advantages ſome of its moſt fanguine Adventurers at firſt
propoſed from it. The chief Settlement of this Colony, or more properly ſpeak-
ing the Capital of all the Country, and Centre of its Commerce, is the City to
which the Name New Orleans was given, to preſerve the Memorial of the Re-

many
gency
OF AMERICA, &c.
855
gency of that Prince, under whoſe Protection and Auſpices it was founded. Its
Situation is on the side of a River, near enough the Sea to have the Conveniency
and Facility of loading and unloading the Ships that import, and at a ſufficient
Diſtance to avoid its bad Air and Neighbourhood, when irritated. The Trade
carried on here is much the fame as at Canada; and ſome Indians have aſſured the
French, that high up in the Country are found Mines of Gold, Silver, Copper,
Iron, and Steel. Theſe Mines are, however, undiſcovered, but the true Riches
of the Country conſiſt in that great Quantity of Cattle with which the Plains
and Foreſts of Louiſana are filled, viz. Horſes, Afles, Bulls, Cows, Sheep, Goats,
and Hogs, of which the Indians make a great Slaughter in their Excurſions, and
bring both Fleſh and Skins to the Colony, and there Exchange them for Trifles.
The Supplies from France, proper for this Colony, are the ſame as has been di-
rected for the Iſlands; with the Exception, that to what the Country produces to-
wards the Support of its Inhabitants, muſt be added, ſome Flour, Corn, Rice, Pulſe,
and all that can contribute to ſuſtain ſo numerous a Colony; and the Merchandize fit
for the Trade with the Indians, are coarſe Woolen Blankets, ſerving for Clothes,
Limbourg Cloths, white and red, and Cloaks ready made of them; ordinary Hats,
Knives, Hatches, and Pike-Axes, ſmall Mirrors, Glaſs Beads, and Vermilion.
The Ports, Poſts, and Eſtabliſhments, which the French at preſent occupy are
fixteen, viz. the Iſle Aux Vaiſeaux, Biloxi (or Fort Louis) New Orleans, Manchac,
Matches, Natchitoches, Yalous, Illinois, Oubache, Iſle Daupbine, Fort de Conde,
Alibamons, the Bay of St. Bernard, the River Aux Cannes, Padoucas, and Miſoures.
This Country produces Rice, Indigo, Cotton, Tar, Pitch, but moſtly Tobacco.
By the VIith Article of the Treaty of Peace 1763, all that Part of Louiſiana
lying on the Eaſt Side of the River Miſiſippi, with the free Navigation of that
River, was reſigned to the Britiſh Crown. And, in 1769, the French ceded
Louiſana to the Crown of Spain.
Cayenne is the only Settlement the French have in South America, except ſome
Habitations that it poſſeſſes on the Coaſt of Surinam, and the River of Amazons,
which form a Sort of Government of more than a hundred Leagues.
The Iſle of Cayenne that gives Name to this Government, and takes it from a
River whoſe two Branches ſeparate it from Terra Firma, lies in the Latitude of
four Deg. forty Min. a hundred Leagues from the great River of the Amazones;
It is ſeventeen Leagues in Circuit, of which five are bathed by the Sea, and the Reſt
by the two Branches of the River aforeſaid: And has been ſucceſſively poſſeſſed by
the Engliſh, French, and Dutch, though the French have finally remained Maſters
of it ever ſince 1677.• Its chief Products are Sugar, Rocou, Indigo, Cotton, and
Vannillas; and the Commodities ſent here from France, are principally Flour,
Wine, Brandy, Linens, Stuffs, Quickſilver. Hard-Ware, and above all Salt Meat;
the Inhabitants, excluſive of the Soldiers and Slaves, are about twelve or fifteen
hundred Men, ſpread in the different Habitations above-mentioned, of which
the Chief, compoſing a ſmall Town of two hundred Houſes, with three hundred
and fifty Whites, is below Fort Louis, where the Warehouſes are kept.
Commerce of the Portugueſe in America.
TH
HIS Nation's Poffeffions in America have been many Years ſince reduced to
the Brazils only, though this is a part of the New World ſo vaſtly extenſive,
fertile, and rich, that they have no Room to complain of their preſent Share.
This Country reaches from the Amazon River to that of Plate, and has its Coaſts
curved into a Semi-Circle of about twelve hundred Leagues Extent, though the
Portugueſe do not occupy the Whole, having no Habitations beyond Rio Yaneiro,
which is two hundred Leagues from the River of Plate, its Southern Boundary.
The inland Country is yet unknown, as the Portugueſe have never penetrated it
above eighty Leagues, by Reaſon thoſe vaſt Regions which ſeparate it from Peru
are inhabited by innumerable Nations of Indians, who, loving Liberty, diſpute the
Acquiſition of their Lands, Inch by Inch, as they regard foreign Settlement
only as Uſurpations. The Portugueſe have divided their Eſtabliſhment into four-
teen Captainſhips,
or Commanderies, viz. Tamaraca, Bahia de todos los Santas,
Pernambuco, Paras, Maraghan, Ciara, Rio Grande, Paraiba, Ceregippe, Los Iſleos,
Porta
5

856
GENERAL COMMERCE OF THE WORLD.
Pr Germany, and after having paſſed through the Country of Hefe and Brunf-
Porto Seguro, Spirito Sancto, Rio Janeiro, and St. Vincent ; of whoſe Commerce
I ſhould now treat; but having already done it in the Section on the Trade of
Portugal, any further mention here would be fuperfluous.
I might here alſo very properly add, an Account of the Trade which ſome other
Northern Powers carry on in America; but having as yet given no Deſcription of
their European Commerce, I ſhall join them both together, by reciting the general
Traffick of each particular Potentate, and begin firſt with the Dutch.
Of the Trade of Holland.
OTHING gives a greater or more magnificent idea of this Commerce, than
the flouriſhing Condition it has always ſupported the States in, notwithſtand-
ing the many long and expenſive Wars it has for a Century paſt been ſo frequently
engaged in. Three Things more eſpecially ſupport this immenſe Traffick; the one
is the great Credit of the Bank of Amſterdam, whoſe Treaſure is ſuppoſed by ſome
to be three thouſand Tons of Gold (of an hundred thouſand Guilders each';) the
ſecond Thing ſo 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 Protection in Time of War,
or when any Cruizers or Pirates make it neceſſary. And though this Commerce
is ſo extenſive, it is kept up by a People, whoſe Country contribute hardly any
Products towards it, as the Dutch have nothing more of their own than ſome
Butter, Cheeſe, Earthen-Ware, and ſome few other Trifles that they can ſpare ;
very little Wheat growing in Holland, and no Wine at all; the few Sheep here,
have a Wool coarſe and harſh; the Land produces very little Flax or Hemp; one
of its beſt Qualities being its Propriety (in ſeveral Parts) for Fuel, ſo that the
Inhabitants (for Want of other) are reduced to the Neceflity of burning the Earth
that bears them; but its fat Paſtures nourish great Herds of Cattle, producing
the prodigious Quantity of Milk, that ſuffices for the daily Want of a People
peculiarly fond of a lacteal Diet, and for making Abundance of Butter and Cheeſe,
of which they eat more than any Nation in the World. Their Manufactures
are many, and very conſiderable, though almoſt all the Materials for them are
brought from other Countries. I have already mentioned the Particulars of
their Trade with us, with France, Spain, Portugal, and Italy, and blended it
with that of the other Europeans on the Coaſts of Barbary, Africk, and Afa:
I ſhall therefore only add here, the State of it with their Septentrional Neigh-
bours. The Trade carried on neareſt Home, and the moſt convenient for the
Safety of the concerned, is that which they inaintain with a Part of Germany, by
Means of the Rivers running through the Country, or on the Borders of it; ſuch
as the Rhine and Maeſe, which bathe their States; the Weſer, Ems, and Elbe,
not very diſtant from the German Ocean. The Traffick of the Rhine, and with
it that of the Moſelle and Maine, is very conſiderable. Cologn is properly the
Centre of the Commerce carried on here, where the Merchandize of Lorraine,
and the Archbiſhoprick of Treves are collected; ſuch as Wood, Iron Bars, Can-
nons, and Bullets of the ſame Metal. It is likewiſe by the Rhine that the Pro-
ducts of Mentz and Franconia (waſhed by the River Maine) are conveyed to,
and ſold in the celebrated Fairs held twice a Year at Francfort or Nuremberg:
The Rhine alſo ſerves the Dutch in bringing them the Flax, Threads, and Linens
from the of
The Maeſe facilitates the Trade of Holland with Leige on that River,
that of Aix-la-Chapelle, not very diſtant; and of which almoſt all the Trade is
tranſacted in the firſt of theſe two Cities. The Extracts froin Leige are
Slates, Coal, Lead, Iron, Bullets, and Braziery made at Aix-la-Chapelle, &c. The
Wefer
, which
has its Source in the Mountains of Turing, waters one part of the
Lower
Mouth in the Peninſula that it forms with the Ems, is the Depoſit of all
the
Merchandize of thoſe Parts; and it is in this City that the Dutch buy up the Car-
pentry Wood, Cheeſe, Wools, ſeveral Metals, and Beer, that are

as it does
Serges,
brought here
from
4
OF HOLL A N D, Esc&
.
857
from Lower Saxony, Helle, Brunſwick, &c. Embden, Capital of Eaſt Frieſland, at
the Mouth of the Éms, is the Staple of all the Commerce of that Part of Ger-
many which traverſes this River. "The City is governed by its Magiſtrates, and
the Dutch their Allies (or one may ſay their Maſters) by the great Credit they
have there draw hence all the Merchandiſe of Westphalia, and eſpecially of the
Bifhopricks of Paderborn and Munſter, which conſiſts principally in Timber,
Cloths, Wools, and Linens; it is alſo from thence that thoſe Hams come, ſo ge-
nerally eſteemed in Europe; Eaſt Frieſland alſo furniſhes Holland with Cattle and
Horns. In fine, the Trade of the Elbe is one of the moſt conſiderable that the
Dutch tranſact in the Germanick Sea. This famous River has its Source in Bo-
hemia, towards the Frontiers of Sileſia; from thence traverſing many rich Pro-
vinces, and amongſt them the States of Saxe, Brandenburgh, and Brunſwick,
paſſes to Hamburgh (the City which for its Trade has merited the Appellation of
Amſterdam of the North) from whence in about twenty Leagues it falls into the
Sea, fwelled by all the Rivers of Bohemia, Saxe, &c. that it has received during
ſo long a Courſe.
The Dutch commonly tranſact their Buſineſs of Lower Germany at Hamburgh,
though they often go up to Harburgh and Madgebourgh for Wine and Wood, buy-
ing in thoſe Parts even entire Foreits which they fell, and fill large Magazines
with this Commodity, to be in Readineſs when they want, or think proper to
vend or utter it. The Goods that the Dutch carry to Germany by the five Rivers
aforeſaid, are Silk and Woolen Manufactures, Mercery, Spice, Drugs, Dying-
Woods, Sugar, Cheeſe, Herrings, Copper, and Ribbons.
Anvers, Bruſſels, and Malines, furniſh the Dutch with Thread and thoſe Laces,
bearing this latter's Name; Ghent and Bruges with Linen, Hemp, and Baſons ;
Bruffels and Oudenarde with Tapeſtry; and Life (Capital of French Flanders)
with Cambricks, Laces, and Baracans; the Returns are made in Woolen and
Silk Stuffs, Drugs, Spices, &c.
The Traffick of the North and Baltick is one of the moſt important that the
Dutch carry on; in other Branches of Trade, it ſeems as if they only worked for
the other parts of Europe; but in this almoſt all regards themſelves; and it is
from thence that they fetch the Grain which ſupports them, and the Things
neceſſary to their Navigation; without which neither the State, nor Particulars,
could ſubfift.
Although Sweden, Denmark, and ſome other States, ſeated on the Baltick Sea,
are comprehended under the general Word North, yet Norway, Archangel, and
ſome of the moſt Septentrional Provinces of Ruſia and Denmark, merit more
particularly this Title; and it is with theſe that I ſhall commence the general
Northern Trade.
Before the Year 1553, the Trade of Muſcovy was carried on by the Way of
Narva and Revel, Cities of Livonia, at the Bottom of the Baltick Sea; but the
Port of Archangel having been diſcovered by the Engliſh, all the Trade
of this vaſt Empire was transferred thither, being much more convenient
than any of the others, eſpecially on Account of the Paſſage of the Sound,
which took away, or at leaſt reſtrained, the Freedom of the Trade of thoſe two
Places; and there now ſails annually from the Ports of Holland (particularly from
Amſterdam) near forty Ships for Archangel, from two to four hundred Tons, al-
ways divided in two Squadrons; the one only of five or ſix Sail, which departs in
June, and returns in September; and the others of thirty or thirty-two Ships,
whoſe failing is fixed in July, and its coming back in the End of October. Theſe
two Squadrons have always a Convoy, even in the midſt of the profoundeſt Peace;
and carry with them Silk and Woolen Stuffs, Linens, Caſtors (from Canada
Paper, Mercery, Hard Ware; Cannons, and other Arms, Powder, Brimſtone,
Copper, Lead, Pewter, Brandy, Wine, Oil, Vinegar, Sweetmeats, dried Fruit,
Saffron, Sugar, Spice, Pepper, Herrings, Incenſe, Copperas, White Lead, Indigo
Woods for dying the Ruſia Hides; Laces, Gold, and Silver Wire, and of this
latter Metal in Specie.
The Trade to Norway employs yearly upwards of three hundred Dutch Veſſels
from four to five hundred Tons, the greateſt Part from the Villages of Frieſe, or
thoſe in the Neighbourhood of Amſterdam. Berghen, the moſt conſiderable Port
in




3
IO I
GENERAL COMMERCE OF THE WORLD.
858
in the Kingdom of Norway, is where the Dutch drive their principal Trade, though
they carry on ſome with Drontheim, Copperwich, and a few other Places, in Spice
Salt, Spaniſh Wine, Vinegar, Brandy, Cheeſe, rolled Tobacco, and ſome Clothes,
And as Timber for Ship building is what the Flemings moſtly bring back, they
have made ſeveral Treaties from Time to Time with the King of Denmark con-
cerning Wood, &c.
The Commodities which the Dutch load in the Baltick being bulky, oblige
them to employ a large Number of Ships (a thouſand to twelve-hundred) yearly,
in this Trade, which they ſend leſs than half loaden, though they always return
with an entire Cargo; and as the Balance of Trade is in their Disfavour, by the
Produce of their Goods being ſent inſufficient to pay for the Reloadings, they are
always obliged to accompany theſe Voyages with a Parcel of Rixdollars, to make
the Deficiency good. The Commodities proper for Sweden and Denmark, are
Spice, Drugs, Portugal and Spaniſh Salt (thoſe from France not being in ſo much
Eſteem here) Sugar, Wine, Brandy, Linen, with Silk and Woolen Stuffs. For
Pomerania, Cloth, Wine, Cheeſe, Salt, Tobacco, Spice, Iron, Lead, Pewter, and
old Rixdollars. For Dantzick, a Quantity of Silks of all Sorts and Faſhions; a
great inany Clothes ; Dying Woods, ſcraped or ground; Madder, large Parcels
of Spice, Drugs; Italian Cremor Tartari, Sugar, Oil, Paper; divers Sorts of
Wine, Brandy, and French Salt (fit only for Pruſia.) In fine, they ſend to Riga,
Revel, Narva, and Pernau (Cities of Livonia) Salt, Spice, Sugar, Tobacco,
French Glaſs, and above all, a Quantity of old Rixdollars, with which they pay
for Goods not only of this Province belonging to Sweden, but alſo thoſe that are
tranſported here, from Muſcovy, Poland, and Lithuania.
Their Whale Fiſhery, is very advantageous, occaſioning a yearly Employ of near
two hundred and fifty Ships, with between four and five thouſand Men; but that
of the Herrings fo infinitely exceeds it, as almoſt to ſurpaſs the Degree of Com-
pariſon; above twenty thouſand Men, and three thouſand Buffes, find an annual
Occupation in it; and it is aſſerted, that they take and ſell more than 300,000
Tons, one Year with another, which at two hundred Guilders per Ton (as a
Dutch Author computes them) amount to fixty Millions, from which muìt be
deducted near-twenty three Millions, for the Charges of Outſet, &c. and there
remains nett Profit 370,000,000 of Guilders, or about 3,40,000 1.Sterling.
Although the Dutch have no great Settlements in the Weſt-Indies, ſince they were
obliged to quit the Conqueſts they had made on the Portugueſe, they notwith-
ſtanding carry on a very conſiderable Trade here; which is not a little augmented
by the contraband Commerce for which their Colony at Curacoa adminiſters
them frequent Opportunities. Surinam, Aprowacq, Berbice, and Boron, ſeated
in South America; Bonnaire, Aruba, and Curacoa, among the Soto-vento, or
Leeward Iſands, and Saba and St. Euſtatia, two of the ſmalleſt Antilles, are the
only Colonies the Dutch poſſeſs at preſent in the Weſt-Indies.
The four Colonies of Terra Firma take their Name from four Rivers of the
Province of Guiana, along which they are eſtabliſhed. Sugar, which grows here
in Abundance, is the principal object of their 'I'rade, though they alſo cultivate
Indigo, Tobacco, Ginger, and Cotton. The Merchants of Amſterdam carry on
the greateſt Part of this Trade, and have their Warehouſes here always well filled
with all Sorts of Goods that the Europeans uſually ſend to America.
Of the Antilles, where the Dutch are eſtabliſhed, neither of them is very con-
fiderable; St. Euſtatia is the biggeſt, and Saba the ſmalleſt; theſe two are little
better than Rocks, though the few Inhabitants reſiding here have found ſuffi-
cient Earth diſtributed to raiſe a Support, and ſome Tobacco for Exportation ;
this is a Commodity common to them all.
The Dutch have ſeveral trading Companies eſtabliſhed in Holland, ſuch as the
Eaſt and Weſt-Indian, that of Surinam, the North, the Levant, the Baltick, and
the Nova Zembla and Greenland fiſhing Companies, all of confiderable Advantage
both to the State and Particulars.
Though however rich the Trade of theſe are, or whatever elſe is tranſacted by
private Merchants with the other three Parts of the World, it is certain, that
that which their Eaſt-India Company has carried on in all the Kingdoms of Aſia,
for little more than a century
paft, is of a much greater Conſequence, and infi-
4
nitely



OF THE NORTH &c.
859
hagen, Eljineur, Stockholm, Roſtock, Stralſund, Stetin, Colberg, Dantzick, Elbing,
Konigſberg, Riga, Revel, Pernau, Narva, and Viſbourg, from which Places and
all Neceſſaries to Poland.
nitely ſurpafies it, both in Profit and Reputation. But as I have already given
an Account of it, in my Deſcription of Afa, I ſhall here cloſe my Narrative of
this Nations commercial Tranſactions.
Concerning the Trade of the North, and the Baltick Sea.
"HERE is comprehended under this Name, not only what is encloſed with-
in the Compaſs of this Sea, but alſo ſome Cities feated on the Rivers which
fall into the Germanick Ocean that are near : And all that are more Northwardly,
as Norway, Daniſh, Swediſh, or Muſcovitijh Lapland; Archangel, Boronday, Si-
beria, Greenland, and Nova Zembla.
Hamburgh, an Imperial and Hanſiatick City, is the moſt conſiderable of all of
them ſituated on the German Ocean. Here is carried on, not only the whole
Trade of the Elbe; but it is alſo by Means of its Merchants, that the greateſt
Parts of the Remiſſes are made, and Bills negociated, with all the Cities of the
North; an Advantage that it only ſhares with Amſterdam.
This famous Hanſiatick 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 are
there obliged to lighten, being barred a nearer Approach by a Bank of Sand, with
a whole Cargo. The Goods proper for this Place, are ſome French Salt, White
Wine, to the Amount of ſix or ſeven thouſand Barrels yearly, and of Brandy about
four thouſand, a little Vinegar, Cloths, wrought Silks, Spice, Drugs, Mercery,
Prunes, and other dry Fruits, with a large Quantity of Paper. And the Goods
exported from thence are, Grain, Wood for Ship-building, Pipe Staves, Lattin,
and white Iron Wire made in Saxony, and all Sorts of Copper Pots and Kettles.
Here is alſo found the many various Species of Goods that the North and Baltick
produce, though not fo cheap, being at ſecond Hand. It carries on a great Trade
with France and Spain in its own Shipping, though much more in foreign Bot-
toms, and its Engagements with Holland, &c. are already ſpoken to. I have
alſo deſcribed its Bank, and ſhould now ſay ſomething about its Coin, that
has occafioned ſuch Embroils between this State and the Crown of Denmark; but
a nice Deduction of the Motives to, and Particulars of theſe Diſputes, would be
too prolix for the Space I have left, and a curtailed Account muſt be unſatiſ-
factory; I ſhall therefore excuſe adding any Thing on this Subject.
Bremen on the Weſer is in good Repute for its Trade, though much inferior to
Hamburgh. Large laden Veſſels can only go within four Leagues of the City,
and ſmaller ones to the Diſtance of a League and a half. The Imports are much
the ſame here as the laſt mentioned Place, except French Salt, of which none is
conſumed. The Wood extracted from hence is the beſt in the North, but it is
likewiſe the deareſt; and here is alſo exported Wheat, Wool, fome Metals, and
Brunfwick Mum, of which that of Bremen is nothing inferior.
Denmark, Sweden, Muſcovy, Poland, Courland, and ſome Provinces of Lower
Germany, environ on all Sides this Part of the Ocean that forms a Sort of great
Gulf, named the Baltick Sea, which can only be entered by two Paſſages, the one
called the Belt, difficult and dangerous, and the other the Sound, of which the King
of Denmark is Maſter, by poſſeſſing the Fortreſs of Kronemburgh, near Elfineur.
This Sea has a large Number of excellent Ports or Cities at but a little Diſtance,
where a great Commerce is carried on; the principal of which are Lubeck, Copen-
Sea more Goods are in general exported than imported, excepting at Dantzick,
where the Conſumption is very great; this famous City being as a Magazine of
an Imperial City, and at the Head of the Hans Towns, ſeated in Lower
on the River Traves, which at ten Leagues from thence falls into the Bal-
tick Sea, has a better Trade than Bremen, but a great deal worſe than Hamburgh.
Here may fell yearly two thouſand Lafts of French Salt, which the Natives refine,
four thouſand Barrels, or a thouſand Ton of Wine, as many hundred Barrels of
Brandy, and one hundred and fifty of Vinegar; Paper alſo finds a good Sale here; and
the





Lubeck,
Saxony,
860
GENERAL COMMERCE OF THE WORLD.
TH
Jutland makes the greateſt Part of Denmark; it is a fertile Country, abounding
a large Quantity of meagre Cattle, as has been before mentioned. The Horſes and
The Land is moſt fruitful near the Sea Coaſts; and in a Word, is the beſt
the French beſides ſend Sugar, Mercery, and ſome Silks; the Engliſh and Dutcls,
bring their Cloths, dying Drugs, and Pepper, to which theſe latter add Nutmegs,
Mace, and Cinnamon. The Goods exported are Hemp, Flax, Ruſia Hides, from
Muſcovy, Iron wrought and unwrought, particularly Ships Anchors, Wood, Grain,
and Wools. Loaden Merchants Ships can only go to Travemunde, a ſmall Village,
three Leagues diſtant from the City, where they are obliged to lighten to the Draft
of eight Feet Water, in which Condition they may ſwim up quite to Lubeck.
Of the Trade of Denmark.
HE Port of Copenbagen, Capital of the Kingdom, is not only the fineſt in the
Baltick, but one of the moſt convenient and ſafe in all Europe; it is alſo here
that the chief Trade of Denmark is tranſacted, though ſome Buſineſs is likewiſe
done at Elfineur ; but neither at the one nor the other any thing in Compariſon with
the Negociations of the Reſt of this Sea. The Goods that ſell beſt in Denmark,
are Spaniſh and Portugal Salt (except their Conſumption has been affected by the
Mine diſcovered at Oldefloe in 1730) French Wines and Brandies, Paper, Gold and
Silver Stuffs, Engliſh and Dutch Woolens, Spice, Medicinal Drugs, and Pepper,
Tallow, Hemp, Cod, Stockfiſh, Wheat, from the little Iſle of Zeeland, and Rye
from Zealande, are almoſt all the Merchandizes ſhipped from hence, the Extrac-
tion of Carpenters Wood being excepted. The Dutch alſo tranſport from the
Country of Jutland, a Quantity of lean horned Cattle yearly, which they fatten
in their Paſtures, and reap therefrom a conſiderable Advantage.
After Copenhagen, the moſt trading Cities of Denmark are, Uſted, Chriſtianſtadt,
Carlſcroon, Salſbourgh, Carelſhaven, and particularly Elſinore, or Elfineur, from
which the Extracts are, ſome ſmall Maſts, Deal Boards, Tar, Tallow, Beeves, and
Goat Skins. The major Part of which Trade, and indeed that tranſacted 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 Purpoſe.
The other Illes next to Zeeland, or Siælan, in which Copenhagen ſtands, are Fub-
nan, Laland, Langeland, Falſter, Mune Samſoe, Arroe, Bornholm, and Amack; of
which the firſt is nothing inferior to the principal Illand, either in Extent or
Goodneſs: It abounds in Wheat, Hogs, Lakes, and Wood, though it produces
nothing for Tranſportation but Horſes, the Fruits being all conſumed at Home.
Laland yields Abundance of all sorts of Corn, eſpecially Wheat, from whence
the Metropolis and other Parts of the Kingdom are ſupplied, beſides which the
Dutch export a good deal yearly.
Falſter, Langeland, and Mune, are numbered among the fertile Iſands, and
the two firſt yield fome Grain, for an annual Tranſportation. Arroe and Alfen
abound in Aniſeeds, which the Natives ordinarily uſe to ſeaſon their Victuals, and
even mix it with their Bread. Bornholm, Samſoe, and the other Iſles, breed Cattle,
and produce a Sufficiency of Corn for the Inhabitants, but that of Amack deſerves
to be examined apart. This little Inland is very near to Copenhagen, from whence
it is ſeparated only by a ſmall Arın of the Sea, which is paſſed by a Drawbridge,
and this Spot is the moſt fruitful of any other Territory in Denmark: It was many
Years ago given to fome Hollanders, tranſported here to manage the Dairy, in ma.
king Butter and Cheeſe for the Court; they had great Privileges granted them,
which they enjoy ſome 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
Subjects; the Induſtry and Diligence of the Inhabitants of this Iſle have made it, as
one may ſay, 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:
more eſpecially in Cattle, but defective in good Ports on the side of the Ocean
nevertheleſs this does not hinder the Dutch from making an annual Extraction of
Hogs are excellent, and very numerous, and the Corn fufficient for the inhabi
that the King of Denmark has,




tants.
The
I
OF THE NORTH, &c.
861
lie near.
The Duchy of Sleefwick, or South Jutland, is in general a very good Country;
the Conveniency of its Situation between two Seas, the Ocean and the Baltick,
gives it great Advantages for Trade, although the Conveniencies for Tranſporta-
tion are not many. It furniſhes its Neighbours with Wheat, Cattle, Horſes, and
Fuel Wood, beſides what it retains for the Natives Uſe.
Holſtein is very abundant and very agreeable; it is perfectly well ſeated for Trade,
like the preceding, between two Seas, and has beſides the Advantage to be near
the Elbe and Hamburg, which being a free City, and conſequently rich, is of no
ſmall Advantage to the Territories which the King and Duke of Holſtein have in
its Neighbourhood.
Stormar and Dithmar, or Ditmarſh, are two Diſtricts neareſt the Elbe; this
Country is for the moſt Part low and rich, of a fat Soil like many Places in Hol-
land, and ſimilar to thoſe alſo in its Fertility and Embelliſhments; thefe Countries
likewiſe are benefited by the Neighbourhood of Hamburgh, and the River they
The Country of Oldenbourgh abounds in Cattle, and raiſes a great Number of
Coach Horſes, very much fought after for their Colour, which is yellowilh, though
otherwiſe their Qualities are not extraordinary.
In general, though Denmark be of great Extent, it notwithſtanding yields but
in ſmall Quantities the Neceffaries of Life, few Products for the Merchants, and
till lately no Manufactures at all; but, to remedy this long continued Neglect, and
up the People to an Imitation of their induſtrious Neighbours, by an Ordi-
nance of the King's, of the 28th November, 1727, all Merchants were prohibited
to ſend to Iceland any other Cloths than thoſe made at Copenhagen. There is alſo
eſtabliſhed ſome Fabricks of Linens at Zwelck Blank, and Lubſch, which are
ſufficient to ſupply all the Provinces of the Kingdom, inſomuch 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 reſolved to
raiſe a Tax or Impoſt on all the Cities, both of Denmark and Norway, and to em-
ploy the Produce in eſtabliſhing a Fiſhery in Greenland.
The thirteenth of January, 1727, his Majeſty interdicted the Entry of
fo-
reign Goods into the Kingdom by the Way of Bremen and Lubeck; and, for a ſtill
greater Encouragement to Trade, the King, in February 1730, publiſhed an Ordi-
nance to lower the Duties on the Entry of Goods, that the Merchants his Sub-
jects ſhould introduce directly from foreign Countries, which however ſhould not
take place on thoſe brought into the Kingdom by Strangers.
In Auguſt the ſame Year, an Edict was proclaimed, by which that Monarch
enjoined all his trading Subjects, not to ſend any Ships to Portugal or Spain, with
a leſs Force than eighteen Guns, and a proportionable Crew, to defend themſelves
againſt the Barbary Corſairs, in Caſe of Need. And, in January 1631, Chriſtian VI.
fuppreſſed the Farm on the Cuſtoms on Wine, Brandy, Salt, and Tobacco, per-
mitting both the Danes and Norwegians to trade in them.

ſtir
any
1
Concerning the Sound.
TH
THE Paſſage, or Straits called the Sundt, or Sound, ſo famous in all the
Northern Countries, is between the Iſle of Siæland, and the Terra Firma
of Scania. On the Swedé's Side is the City of Helſinburgh, with a ruined Caſtle,
between which and Elſinore all the Ships which trade to the Baltick pafs and re-
paſs, ſo that it may juſtly be ſaid, that, after the Straits of Gibraltar, this is
the moſt important and frequented one in Europe. The Loſs of the Province
of Schonen (which, with the three adjoining, were given to the Swedes by Treaty
was very conſiderable to the Danes, in Regard to this celebrated Paffage,
as they were Maſters of the one, whilſt they continued Poffeffors of the other;
it is true, that by Treaties, the Right they had is expreſsly reſerved to them,
and, in Virtue thereof, they make all Ships pay the Impoſt at paffing, except-
ing the Swedes, who were excuſed till 1720, when the Treaty of Stockholm, ſigned
the 14th of July, between the Kings of Denmark and Sweden, re-united and
confirmed the Sovereignty of the Toll to the firſt of theſe Crowns for ever;
to which the Swede Ships have always fince ſubmitted like thofe of other Nations,
yet


in 1658)
10 K
862
GENERAL COMMERCE OF THE WORLD.
ly he Force or
count of it the
that wherein the Conceſſion of the Paffage
yet they cannot judge their Right to be as firm and ſecure, as if they were
Maſters of both Coaſts as formerly; for they may have the Title as formerly,
but not the Power to ſupport their Claim, in Caſe of any Diſagreementwith the
Swede, which, whilſt they poſſeſſed the other Shore, was uncontrollable. The
Cuſtoms have been various, according as Times, and the Intereſts of Princes, have
ſuited, and the levying them has given Birth to many Diſputes, too long to be
recited here; however, I ſhall juſt mention the ſuppoſed Origin of this Toll,
which, it is aſſerted, took Riſe from a general Conſent of Merchants trading to
the Baltick, readily to contribute a ſmall Sum for the Raiſing and Support of ſome
Lights on the Coaſt, to ſerve, in dark and tempeſtuous Nights, as Guides to the
diſconſolate Sailors: By this Means the Paffage of the Sound ſoon became fre-
quented, to the entire Neglect and Diſuſe of the Great Belt. But as many diſ-
puted the Payment of the aforeſaid trilling Contribution; and nothing had been
regulated to decide the Difference that ought to be made in the various Sizes
and Burthens of the Ships ſubject to its Payments; the Danes began in Succef-
fion of Time to conſtitute themſelves Maſters of the Affair, and to exact more or
,
or proportionably to their Situation with the Princes or States to which the
Ships belonged; which induced the Emperor Charles V. to fix the Toll for his
Subjects of the ſeventeen Provinces, by a Treaty concluded with the King of Den-
mark, and ſigned at Spire on the Rhine, at two Nobles, a Gold Coin valued at fix
Shillings and eight Pence Engliſh, for each Ship of two hundred Tons, or under,
on entering or coming out of the Sound, and for all Ships above two hundred
Tons, three. This Treaty remained in Force, till the Dutch took off the Spa-
niſh Yoke; but as their contentions with that Crown expoſed them to the Im-
poſitions of the Danes, theſe laſt taking Advantage of the Conjuncture, raiſed this
Tax to an exceſſive Height, which Abuſe the Dutch had not Leiſure to think
of redreſſing, at a Juncture when their Wars and Troubles engaged their whole
Attention; however, in the Year 1600, they combined with the Lubeckers, jointly:
to oppoſe ſo exorbitant a Duty, as was equally laid on their Subjects; from which
Tiine the Dutch paid more or leſs, according to their good or bad Fortune; but
in general they paid but little. Denmark and the United Provinces (as Sovereigns)
made the firſt Treaty about this Toll, as Mr. Savary ſays, in 1647, by which
they ſubmitted to pay a certain Sum for each Vefſel paſſing the Sound; and as
this Treaty was only for forty Years, it conſequently expired in 1687, when a
proviſional one was concluded, according to the ſaid Author, for four Years
longer, in the Expectation of adjuſting at Leiſure, a more durable and folemn
Agreement of the many Diſputes ſubſiſting between the contracting Powers about
this and ſeveral other Affairs. Mr. Jean Pierre Ricard, in his Book entitled,
Le Negoce d'Amſterdam, printed in 1722, ſays (p. 435.) that the above-mentioned
firſt Treaty was concluded on the thirteenth of Auguſt 1645, and renewed for
twenty Years, the fifteenth of June 1701, with a Regulation what Ships, and
all sorts of Goods belonging to that Nation, are to pay Sound Duty. La Mar-
tiniere is alſo agreed in the Year, and adds, that it was likewiſe adjuſted by this
Treaty, that the Subjects of the United Provinces ſhould pay Toll at the Rate of
Four per Cent, on all Merchandizes, which with the Complaiſance of our King
James I. in Favour of the Danes, to the Produce of his own Subjects, out of
Regard to the Princeſs of Denmark, whom he had married, confirmed that King's
uſurped Title, to what was otherwiſe precarious; and as Time and Treaties have
now rendered it a Sort of Due, I ſhall conſider it in this Light, and give an Ac-
it at
The Engliſh Treaties with the Crown of Denmark are founded on thoſe the
Dutch have made with it; the firſt in 1667, but this ſpeaks nothing of the Sound,
Duty is made it contains forty-two Articles, expreſſing, that a perfect Peace and
Friendſhip ſhall commence and be eſtabliſhed between the two Crowns; of which
neither Thall conſent to any Thing prejudicial to the other. That they Thall not
affiſt each other's Enemies, if Aggreffors, but England to afſift Denmark if in:
vaded. Each Party to be comprehended in any Treaty made with others, and
à Freedom of Trade to be carried on between the two Kingdoms; Engliſh



not to
come
OF
THE NORTH, &c.
863
Liberty
come to prohibited Ports without Licence, or Streſs of Weather, nor the Danes to
any of the Britiſh Colonies. Danes may import all Things of their own Growth or
Manufacture, and ſuch as come from any Part of the River Elbe, into England,
Scotland, and Ireland; and the Engliſh have the fame Liberty for introducing all
the Products of his Britannick Majeſty's Dominions into any Part of Denmark or
Norway, except Ports prohibited; though in Caſe any Strangers have hereafter
to bring all Sorts of Goods into prohibited Ports, both Parties reſpective-
ly ſhall have the ſame Privilege. Neither to pay any greater Duties than other
Strangers, excepting the Swedes in Denmark. Both Nations have Leave to bring
all Goods into any Port, where he is not bound, nor (being forced in) obliged to
unload or ſell any part of his Goods. Though prohibited Timber be laden on an
Engliſh Ship, ſhe ſhall not be ſearched after it is aboard, nor ſhall the Ship, or any
Britiſh Subject, be arreſted or moleſted for it, &c. Engliſh Ships palling the Sound,
to have the Benefit of deferring Payment of the Cuſtom till their Return, on
bringing with them Certificates under the Seal of their proper Officers, teſtifying
that the ships belong to Britiſh Subjects, and likewiſe that before their Paffage
they give Security to pay it at their Return, and if they ſhall not return, in three
Months at fartheſt. Goods landed at Elſinore, with an Intention to tranſport
them elſewhere, ſhall pay no Duties but what the Dutch, or any other Strangers,
pay. Britiſh Ships and Subjects to be diſpatched immediately on their Arrival at
Elſinore, without a Preference to any other Nation, except the Inhabitants of cer-
tain Places, who have anciently held a Privilege to that Purpoſe, and ſtill do. The
Subjects of either Prince dying in the other's Dominions, ſhall have his Eſtate
pre-
ſerved for the Uſe of the right Heir, &c. The Subjects of either of the Confede-
rates may trade with Enemies of the other, unleſs in beſieged Places, or with
contraband Goods. A Merchant may freely reſide where he trades, and Duties
only to be paid according to printed Tariffes. Engliſh Ships trading to Norway
ſhall be re-meaſured, that thus Commerce may be better regulated than hitherto.
That the Freedom of Navigation during the War, which either Party-may have
with any other, may be obſerved, Paſſports and Certificates ſhall be given to the
Allies Ships, and the Ships bearing ſuch Certificate ſhall not be ſearched, on pro-
ducing it. Engliſh Ships pafling by Gluckſtadt, and other places ſubject to the King
of Denmark on the Elbe, ſhall be free from all Cuſtoms and Search. Any Injury done
to either Party's Subjects in the other's Territories, ſhall be puniſhed according to
the Laws of the Country. No Ships, or Goods laden on Ships, belonging to either
Party, ſhall be adjudged Prize, but by due Form of Law. Juſtice to be adminiſtered
according to the Laws of each Country reſpectively. In Caſe of Shipwreck, the
Goods, &c. ſhall be preſerved for the Owners of Ships, Commanders of Ships.Goods,
&c. not to be arreſted or feiſed, but for the Defence of the Kingdom, and in Caſes
of Debt. Merchant, Mariners, &c. to have the Liberty of wearing, or carrying
Arms. Ships ſteering the fame Courſe, ſhall have the Benefit of each other's Con-
voys. Pirates ſhall not be protected by either Party. The Subjects of either Party
Ihall have free Acceſs at all Times to each other's Ports, but Men of War not to
exceed Six in Number, except forced in, and then to give Notice to the Magiſtrate.
Neither Subjects ſhall take Letters of Mart from any Prince or State in War with
the other. Ships taken in Port by a third Party ſhall be reſtored, and Seamen
taken on board any Prize, that are the Subjects of either Crown, ſhall be ſet free.
If a Ship laden with prohibited Goods is taken, no Bulk ſhall be broken till an
Inventory be made in the Admiralty. No Men of War to injure the Subjects of
the other Prince; and in Caſe they do, they ſhall be liable to make Satisfaction,
as it ſhall be adjudged on Trial in the Courts of Admiralty, or by Commiſſioners
appointed by the contracting Kings reſpectively. Sentence concerning Prizes
Thall be given according to Juſtice, and upon Complaint of any Sentence, the
Cauſe Thail be reheard. No Goods ſhall be ſold before Sentence but by mutual
Confent, and to prevent periſhing. Conſuls to be appointed; no private Injury
to break this Treaty, nor Repriſals to be granted, but upon Denial or Delay of
Juſtice. The Engliſh to enjoy all Privileges enjoyed by any Strangers in Denmark,
the Swedes only excepted. Former Treaties, not contrary to this, confirmed, and
the Ratifications to be exchanged within three Months.
The



864
GENERAL COMMERCE OF THE WORLD.
The afore-mentioned Treaty, made between the Danes and the Dutch, under
the 15th of June, 1701, for twenty Years; and another between Denmark and
France, dated at Copenhagen the 23d of Auguſt, 1742, for fifteen Years, being
much the ſame in Subſtance as the preceding with us, I omit giving the Particu-
lars of them, for Fear of incurring the Cenſure of Prolixity; but Thall proceed to
communicate the Rules for ſtriking to the Caſtle at Cronenburg, near Elfinore:
1.
Ships from the North, as ſoon as they get the higheſt Church Spire (N. B. It is
blown down, and the Steeple covered with Boards)
and the northernmoſt Steeple
in. Cronenburg to bear in one S. W. and by W. muſt lower their Top-Gallant or
Topfails, and continue ſo until they are paſt the Caftle, and have the two nor-
thernmoſt Steeples of Cronenburg to bear in one W. and by N. and then may
again hoiſt them.
II.
Ships from the South muſt have lowered before they get the two North
Steeples of Cronenburg, W. and by N. and continue ſo until the Church Spire
and North Steeple of the Caſtle bear in one S. W. and by W. They who ne-
glect in theſe two Articles, may be fired at from the Caſtle.
IH.
Such Ships as carry ſtanding and flying Top-Gallant Sails ſhall lower them down
to the Cap, and if they have but one Top-Gallant Sail, muſt at the ſame Time
lower their Fore-Top Sail half Maſt down, if no Top-Gallant Sails, then both
Topfails half Maſt down. All Veſſels who have no Caps, muſt lower their Top-
fails entirely down. Ships who have only low Sails are exempted from lowering.
IV.
Ships turning to Windward, with a ſcant or little Wind, and the Current fo
ſtrong againſt them that it would force them aſtern in Caſe they lower, then it is
not required, but on a Flag being hoiſted from the Caſtle, are excuſed, and may
do their beſt.
V.
In Caſe a Ship is fired at from the Caſtle, and the Maſter and People will make
Oath that he lowered, as in the firſt and ſecond Article, or could not do it to
prevent driving aſtern by Wind or Current, he is free from paying the Shot;
but if his People refuſe to take ſuch Oath, he muſt pay. If the Maſter fails
without paying the Perſon who clears him at the Cuſtom-Houſe, he muſt pay
the Money, when it is proved who the Maſter was: Charge one Guinea; to the
Boat one Shilling.
The gth of April, 1687, the King iſſued a Placard, ordering the following Fees
to be paid at the Sound.
Rix-dollars.
T he Director of the Cuſtoms
To the four Chamberlains
To the Seal Preſſer, for ſtamped Paper, and his Trouble
To the Toll Inſpector, for himſelf and three Boatmen
I

I
By another Placard of June 15, 1701.
Rix-dollars,
12
I
To the Director of the Cuſtoms
To the four Chamberlains
To the Seal Preſſer, for ſtamped Paper, and his Trouble
The Tranſlator extorts eight Stivers for each Cocket.
I
Such
OF THE SOUND, &c.
865
Such of the above Fees as are now taken, ſome of the Commiſſioners charge in
Crown Money, which is apprehended to be an Abuſe, as they ought only to be
charged in current Money.
The following are the Sound Duties on ſuch Goods as are commonly carried
from, or brought to, England, which I thought would be ſufficiently ſatisfactory
to my Reader, without ſwelling the Account, by an Amplification of what all
other Nations pay on the Commodities that compoſe their Trade.
Rix. Sti.
O
36
36
O
I 2
o
9
I 2
1
O
18
9
I2
оонооо
O
6
I 2
I2
I
O
O
9
O
3
6
15
3
O O
36
18
O
24
18
O
I
O
Ale or Beer, the 8 Hogſheads, at 45
Alegar
Allum, the Schippont
Almonds, the roolb.
Apples, the Laſt of 12 Barrels
Apothecary's Drugs, the Liefpond, valued at 36 Rix-dollars
Anniſeeds, the 100lb.
Antimony, the Schippont
Anchor and Locks the Schocks of 60
Argol, the Schippont
Arfenick, ditto
Aſhes, Weed, the Laſt of 12 Barrels, or 12 Schippont
Pot, ditto, ditto
Auri Pigmentum, the roolb.
Bacon, the Schippont
Balks, great, of Oak, the Piece
Fir, 4 ditto
Small ditto, 20 ditto
Bays, the ſingle Piece
Double
Beef, ſalted, the Laſt of 12 Barrels
Books, printed, the roolb. valued at 36 Rix-dollars
Braſs, or Braſs Wire, the Schippont
Wrought, the roolb. valued at 36 Rix-dollars
Brimſtone, the Laſt of 12 Schippont
Brandy, French or Spaniſh, the Hogſhead
Corn, the Barrel
Rheniſh, the Auln
Bay Berries, the 200lb.
Biſcuit, or Bread of Wheat, the 4 Barrels
Rye
Butter, the Barrel
Brazil Wood, the 5oolb.
Briſtles, the Schippont, valued at 36 Rix-dollars
Cables, Cordage, or Cable Yarn, the Schippont
Calicoes, the 8 Pieces
Capers, the Pipe, or two Hogſheads
Cards, for playing, or for Wool, the 1o Dozen
Copper, the Schippont
Wrought, the roolb. valued at 32 Rix-dollars
Cheeſe, the Schippont
Cork, the
Bundles
Copperas, Calamin, or Cremor Tartari, the Schippont
Cotton Wool, the roolb.
Cardamoms, Cinnamon, Cloves, or Cochineal, the roolb.
Corn, Barley, the Laſt of 20 Barrels
Beans, Peaſe, Oats, or Buck-Wheat, the Laſt of 12 Barrels
Malt, the Laſt of 20 ditto
Rye, ditto 20
Wheat, ditto 20
Coriander and Currants, the 200

O
24
O
O
24
9
6
4
5
15
18
6
15
18
6
24
6
4
O
O
30
O
O
o
6
18
36
24
12
18
12
O
оо
I"
O
9
Caſques,
IO L
866
GENERAL COMMERCE OF THE WORLD.
0
O
0
O
0
24
O
I
36
36
0
O
12
IO
O
36
Rix. Sti.
Caſques, the
50
Pieces
O 6
Cloth, of Silk, the Piece
9
Fine, or ſhort Cloths, or double Dozens, the two Pieces
9
Coarſe, or long Cloths, or Dozens, the 4
Pieces
9
Canvas, or Cambrick, the 4 Pieces
15
Camlet, the
4
Pieces
IO
Camel's Hair, the 251b.
15
Calamancoes, the 8 Pieces
0 IO
Campeachy Wood, the goolb.
18
Carraway Seeds, the roolb.
9
Canary Seed, the Calk
6
Cheſnuts, the 36 Sacks
o 36
Cyder, the Hogſhead
O
I 2
Cavear, the Schippont, valued at 18 Rix-dollars
9
Coffee, the roolb.
Clockwork, the 100lb. valued at 36 Rix-dollars
18
Crooked Wood, or Timber, 25 Pieces
Deals, of Oak or Fir, above 20 Feet the Schock
Carlſhanin Deals, under 20 Feet
24
Pruſſia
Common, 10 to 14 Foot the 1000
Diaper, or Drilling, the 20 Pieces
30
Dates, the roolb.
9
Damaſk, of Silk, the Piece
Linen,
4
Pieces
Woolen, 8 Pieces
Druggets, 2 Pieces
9
Down, the Schippont
Eels, the Laſt, of 12 Barrels
30
Elephants Teeth, the Piece
Fiſh, Cod, the Laſt, of 12 Barrels
Stock, the Laſt, 12 Schippont, or 1000 Fiſh
30
Salmon, the Barrel
5
Salted Herrings, ditto
Red ditto, the Laſt of 20 Straaes, or 20,000
Feathers, coarſe, the Schippont
6
Flannels, 8 Pieces of 25 Ells each
Flax dreſſed, the Schippont
undreſſed, as fine clean Narva, Marlenburgh, Heilin, Efimiſh, Podolick,
Rakitzker, and Pater-noſter, the 4 Schippont
coarſe, half clean, Farken, Raſſen, Courland, Pruſia, Raſſets, Memels,
Marienburgh, the 6 Schippont
Tow, the 5 Schippont
Figs, the 18 Baſkets, 800lb.
Fernambuck Wood, 1ooolb.
Flounders, dry, 20,000
Frieze, the Piece
Flour of Wheat, 200lb.
9
Barley, or Rye, the Laſt of 12 Barrels
Gauls, or Gum, the 200lb,
9
Gadza,
Glaſs for Windows, Engliſh, French, Lubeck, and Dantzick, the & Cheſts o
Venice, Drinking ditto, the Cheſt
Bottles, the Ton, 4 Hhds. and
Hhds. and 30 Schocks
2 Pipes
Quart Bottles, 100 Doz. 50 Rix-dollars
24
Grains of Guinea, solb.
Ginger
Green 50
o
O
36
I 2
O
O
2
12
O
O
IO
o
36
I
O
I
O
18
18
30
12
6
o
O
0
O
12
O
I 2
30
30
o
9
30
I 2
o
o
IOO
o 15
o
I 2
O
12
I
Gun
OF THE SOUND,
867
&c.
Rix. Sti.
6
ооно
9
O
I 2
O
O
24
I 2
72
7를
​6
36
30
8
36
18
6
18
O
O
36
8
O
O
4
I 2
3
2
O
36
6
Gun Powder, roolb.
Gloves, Ruſia, or Courland, 250 Pair
Leather, i Doz. Value 2 Rix-dollars
Hats, Felt, the Caſk
Beaver, the Doz. Value 48 Rix-dollars
Caſtor
24
Honey, the Hogſhead
Hops, the Schippont
Horſes, the Pair
Hair, Camels or Coneys, the solb.
Hemp, the Schippont
Tow, lo ditto
Haberdaſhery Ware, 100lb. valued at 36 Rix-dollars
Hides, Elks, Harts, Bucks, or Ruſſia, the Decker
Salted
ditto
Dry, the
5
ditto
Ruffia, the Schippont
Handſpokes, the 500
Iron, Wire, or Pans, the roolb.
Stoves, Plates, or Pots, the Schippont
Bars, Bats, Bolts, Hoops, Anchors, and Guns, the Schippont
Wrought, roolb. valued at 24 Rix-dollars
Old, the Schippont
Oſtermunds, the Schippont
Indigo, the roolb.
Ilinglaſs, the 100lb.
Juniper Berries, 200lb.
Kerſies, the 8 Pieces
Lace, Silk, or Ferret, the 41b.
Thread, Wool, Cotton, Hair, the rolb.
Gold and Silver, the Pound
Lemons, the 12 Cheſts, or 3600
Pickled, the Pipe, or 2 Hogſheads
Linſeed, the Laſt, of
24
Barrels
Lignum Vitæ, the roolb.
Leather, Ruſſia, or Scotch, the Decker,
Spaniſh, Cordovan, Turkey, and Buff ditto
Sems, the ro Decker
Baſanes, ditto
Tanned, or Sole, roolb.
Alumed, or White, 500 Pieces
Linen, Callicoes, the 16 Pieces
Flax, 20 ditto
Holland, Silefia, and Weſtphalia, the 4 Pieces
Tow Linen, Crocus, Dantzick Tow, ditto the 40 Pieces
Hemp, black Tow 80 Pieces
Canvas, 8 ditto
Damaſks, 12 ditto
Drilling, 20 Pieces, or 500 Arſhins
From Peterſburgh, all sorts, 40 Pieces or 2000 Arſhins
Lead, the Fodder, Ton, or 6 Schippont
Shot, the roolb.
Red or White, the roolb.
Logwood, the 800lb.
Malt 15 Palms, and upwards, the Pieces
Small
For Boats, the Schock
Muſtard Seed, the Laſt of 12 Barrels
Mace, 5olb.
9
IO
IO
6
O
O
ооо
5
24
18
36
9
6
36
18
9
18
O
O
30
30
IO
30
30
30
30
30
30
24
O
оо
NA
O 30
O
24
O 8
I 24
O
30
o 18
Mats,
868
GENERAL COMMERCE OF THE WORLD.
1
Rix. St.
15
30
18
I 2
4
36
O I2
8
OOO
36
36
36
9
24
18
30
30
18
9
I 2
9
9
12
24
O
O
o
30
O
36
o
0
36
O
15
Ιο.
O
o
IO
Mats, from Peterſburgh, the 1000
Mohair, 50lb.
Nutmegs, 50lb.
Nuts, the Laſt of 12 Barrels, or Sacks
Nails, Holland's and Lubeck's, the Centner
Tree Nails, for Ships, the 40,000
Oars, great, the Schock
Small ditto
Oil, Olive of Seville, or Portugal, the Pipe
Rape, Lin, Hemp, the Laſt of 8 Aulns
Train, the Laſt of 8 Hogſheads or 12 Barrels
Olibanum, the roolb.
Oranges, 12 Cheſts, or 3600
Olives, the Pipe, or 2 Hogſheads
Paper, 8 Bales, or 80 Reams
Pins, 50 Dozens
Pitch, great Band, the Laſt of 12 Barrels
Small
Plates of Tin, the 4 Cafks, or Schippont
Prunes, the 400lb.
Prunelloes, the roolb.
Pepper, the roolb.
Pewter, the Schippont
Pladding, the 1000 Ells, or 40 Pieces
Quickſilver, the 50lb.
Rape Seed, the Laſt of
24
Barrels
Raſhes, the 12 Pieces
Ribbons of Silk, or Ferret, the 41b.
Gold and Silver, alb.
Rice, the 200lb.
Rozin, the Schippont
Raiſins, the 400lb. or 36 Baſkets
Rhubarb, the 25lb.
Rickers, the Schippont
Saffron, the alb.
Salt, Spaniſh, French, and Scotch, the Laſt, of 18 Barrels, or 8 Buſhels
Lyneburg, the Laſt, or 12 Barrels
Saltpetre, the Schippont
Shumack, 400lb.
Spars, great, the 25 Pieces
Small, the 1000
Says, double, the 2 Pieces
Single, or Engliſh, 4 Pieces
Sail Cloth, 8 ditto
Sattin, 2 ditto
Serge, 12 ditto
Soap, white, the 100lb.
Green, the Laſt of 12 Barrels
Shag, with Thread, 2 Pieces
Starch, the 300lb.
Steel, the roolb.
Silk, ſewing, Ferret, wrought Lace, 41b.
Raw, the roolb,
Stuffs,
4
Pieces
with Gold and Silver, i ditto
Skins, Beaver, the
5
Decker
Otter, I ditto
Ruſſia, dry, Wolf and Fox, 5 Deckers
Goat, 20 ditto
9
6
36
O
O
9
12
9
24
36
O
O
оо
9
36
16
9
6
30
9
15
9
O
оо
36
4
1Ο
O
30
15
18
24
O
6
o 18
36
O
Skins,
4
OF THE
869
SOUND, &c.
Rix. Sti.
12
ооооо
18
18
18
30
36
30
Skins, Calf, 10 ditto
Cat and Sheep, 500 Pieces
Black Rabbits, or Lamb, 1000 ditto
Grey Rabbits, or Kid, 2000
Martens, 40
Hair, a Bale, valued at 72 Rixd.
Staves, Pipe, Hogſhead, and Barrel, the great Hund. of 48 Schocks
Stones, Poland, 1000 Feet, or 500 Ells
Sturgeon, the Laſt of 12 Barrels
Stockings, of Silk, 1 Doz. or 12lb.
Kerſey, Woolen or Worſted, for Children, 100 Pair
Worſted, Floret, Sayette, 50 Pair
Woolen for Children, 200 Pair
Succad, çolb.
Sarſaparilla, 50lb.
Sugar, Candy or Confectionary, the roolb.
Loaves, Powder, Muſcovado, 200
Stuffs, Woolen, 8 Pieces
Sword Blades, go
оооч
30
I 2
30
30
30
30
12
18
18
18
O
O
O
O
I 2
o
Hilts, 50
O
I2
18
9
6
36
o
O
18
9
30
5
24
9
O
36
6
O
36
9
9
12
O
O
9
O
36
24
Sweet Wood, Toolb.
Tallow, the Schippont
Terras, the Laſt, 6 Schipp. or 12 Barrels
Tar, Great Band, the Laſt of 12 Barrels
Small
Thread, white and coloured, solb.
Gold and Silver, ilb.
Tin, the Schippont
Tobacco, roolb. .
Treacle, a Pipe, or 2 Hogſheads
Turpentine, the Schippont
Verdigris, the 100lb.
Vermilion, the roolb.
Velvet, fine, the Piece
with Thread, the 2 Pieces
Vinegar, of Wine, the Hogthead
Beer, Ale, or Cyder, 2 Hogſheads
Wax, the Schippont
Wire, Iron or Braſs, the Schippont
Steel, the roolb.
Gold and Silver, the lb.
Wool, Beaver, the 50lb.
Spaniſh, or fine, the 4 Schipp.
Coarſe, or Scotch, 6
Flock, or cutting Wool, 2 Schipp.
Scotch, Shirts, 50 Pieces
Shifts, 8 Pieces
Wood, Shovels, the 10 Schocks
Diſhes or Trays, 5 Schocks
Plates, ditto
Nails, the 20,000
Wine, Bourdeaux, the Ton, or 4 Hogſheads, at 52 Rixd.
Picardin, Hoogland, Muſcat, and Frontinac, the 2 Hogſheads
Spanill, or Portugueſe, the Pipe
Italian and Levant, ditto
Rheniſh, the Auln.
Wainſcot, Boards, the Schock
Yarn, Cotton, 5olb.
Linen, the Schipp. or 40
Sch.


24
I
ܘ
O
36
30
9
15
IO
O
O
9
O
9
9
22
18
36
O
I
24
O ON head and
40
24
36
o 36
Yarn,
IO M
870
GENERAL COMMERCE OF THE WORLD.
Rix. Sti.
o 36
Yarn, Tow, the 4 Schipponts
Sail, i Schipp:
All Sorts of Woolen, the 50lb.
O
36
36
I ſhould here have added to the preceding an Account of the Cuſtoms on Goods
in Denmark, but I omit inſerting them as I have thoſe payable in all other King-
doms, to avoid ſwelling the Work to too great a Bulk; however, I ſhall give my
Reader a Liſt of the Commodities prohibited by his Daniſ Majeſty, and note ſome
other Particulars, neceſſary to the Information of ſuch Perſons as are concerned
in that Trade.
Brimſtone is forbid Importation by Placart of 29 December, 1727; and Buckram
to be brought into Copenhagen and the INand of Siælland, by Order from the Cham-
ber of Finances, dated 10 Sept. 1928. Cloth, Corn, and Earthen Ware of all Sorts,
are prohibited by a Placart of 25 Feb. 1717; dried Fiſh, or falt Cod, from foreign
Parts, prohibited by a Placart of 23 March 1729; Flannel, and Iron in Bars, pro-
hibited by a Placart of 8 Sept. 1730, but allowed on Oplag (which is a Privilege
granted to Copenhagen and Elpnore, where all foreign Goods may be landed and
exported Duty free within a Year) for Exportation; Kerfies forbid to be imported;
Oil of Linſeed, Hemp, and Rape Seed, prohibited by a Placart of 22 Nov. 1704;
Mohair twiſted, forbid by a Placart of 18 July 1708; Woollen Stuffs of all kinds,
and Stockings, prohibited; Brandy, Salt, Tobacco, and Wine, may not be brought
into any Port in Denmark but Copenhagen : Wool Cards, not importable into
Siælland by a Placart of 15 Sept. 1727, but admitted any where elſe.
To the Port Charges before-mentioned, payable in the Sound, ſhould be added :
Loaded
in Bal.
Light Money for Ship and Cargo, in Crowns
Rixd.
5 3 2 253
Paſs, Seal, Writing Money, and Fees
Guard Ship both Ways, 4 Sti. each Time
Britiſh Poor upwards of 24 Sti.
Commiſſion
2 12
2 1 2
0 24
O 24
Add 3 Sti. on each Rixd. Crowns, to make it current Money, and obſerve that
in this and all the preceding Duties, 48 Stivers make the Rix-dollar.
N. B. All Maſters are allowed 4 per Cent, out of the Duties paid on their Car-
goes both upwards and downwards.
At Copenhagen a Bank was eſtabliſhed a few Years ago, whoſe Notes are current
through all Denmark; and the King's Orders, the 21ſt of March, 1705, concern-
ing ſtranded Ships and Goods, are very excellent, though they have not been fo
well obſerved lately as they ſhould be in Jutland, where ș Salvage has been
recovered, in direct Contradiction to the aforeſaid Ordinance; but in Norway a
better Regard is paid to it.
Beſides the Sound, the Baltick has an Entrance by the great and ſmall Belt; the
former being a ſafe Paſſage (when well known) for large Ships, which
the
Duties thereof at Nybourg in the Iſle of Fuhnen, where the Danes have a fortifi-
cation (oppoſite to Korfoer the Ferry Place in Siælland) and where all Paſſengers
for Yutland, Holſtein, &c. from Copenhagen land.
The Little Belt is at Frederica in Jutland (where ſmall Ships can only pals,
and muſt pay Sound Duties) and Sophia Odde in Fuhnen, both Places being forti-
fied. And as Norway is ſubject to his Daniſh Majeſty, I ſhall now treat of it,
though it makes a Break in my propoſed Method of deſcribing the Trade of the
Nations bordering on the Baltick all together.
pay
Of the Trade of Norway.
THIS Kingdom is ancient, and was governed by its own Princes till 1397, when
it became a Province of Denmark. Its Northern Borders at Wardhuus, lie in
the Lat. of 70 Deg. 50 Min, and its South-Eaſt at Frederichſhald in 59 Deg: 20
Min.
OF THE SOUND,
&c.
871
1
Min. its South-Weſt Limits being the Naze, in 57 Deg. 50 Min. and the inland
Frontiers are in many places ſeparated from Sweden by a Range of Mountains,
which continue to the North Sea. The Country is very barren, not producing
a Sufficiency either of Corn or Cattle for the Inhabitants Support, although it is
in general very thinly peopled (proportionate to its vaſt Extent) containing only
two hundred ninety-one Pariſhes, with nine hundred thirty-nine Churches and
Chapels of Eaſe; it differs from all other of his Daniſh Majeſty's Dominions, in
producing many more Commodities for Exportation than they'all put together ;
its Natives being active, laborious, induſtrious, and honeſt.
Copper is one of its principal Products, and of this the chief Works are at Ro-
raas, Silboc, Quikne, Meldahl (or Lyckens Faadabl, and Aardahl. The firſt of
theſe Mines yields about three hundred and fifty Tons yearly, on which the King
hath two Rix-dollars per Ton Exciſe, a Tenth in Kind, and a Duty on Exportation
of 81. 155. per Ton, which brings near one-fifth of its Value into the Revenue,
It is moſtly ſhipped for Holland, and the Proprietors of this Mine have it divided
into one hundred and ſeventy-two Shares, each worth about 500l. Sterling; as in a
Medium of twenty Years paſt, it hath yielded twenty per Cent. annually, after
having been worked about one hundred and ten Years. It lies about one hundred
and eight Engliſh Miles E. S. E. from Drontheim.
Quickne Mine is more ancient than this now mentioned, lying three hundred
and fixty Miles to the S. W. of it, and produces about fifty Tons yearly.
Meldahl is the third, and has been wrought with various Succeſs, having
ſometimes rendered the Proprietor fifty per Cent, and at others nothing: The Me-
dium Quantity is computed to be near fifty Tons yearly,
Silboc had been given over for fifty Years, but wrought again for fifteen paſt
by the Boors; is two hundred and forty Miles from Drontheim.
Faadabl hath been wrought about three Years, though it had been giveni over
for ſeveral before; it now affords great Hopes of being the ſecond Mine in Nor-
way, and is about ſix hundred Miles W. from Drontheim.
Aardahl, eighty Miles S. S. E. from Bergens was rented by the Engliſh Charitable
Corporation about the Year 1731 ; but whether through the Stubbornneſs of the
Ore, Ignorance of the People ſent over, ſome Iniquity of the Managers, or all to-
gether, ſeveral thouſand Pounds were ſunk, and after one or two Cargoes had been
ihipped for Newcaſtle, the Company ſtopped Payment, and the working the Mine has
been ever ſince diſcontinued. About three Millions Wincheſter Buſhels of Char-
coal, and many thouſand fathoms of Billet Wood, are yearly conſumed at the ſe-
veral different Melting-Houſes, which latter beginning to grow ſcarce, makes it
probable that the Drain of a few Years more, will oblige the Artificers to have
Recourſe to Britain for a Supply of her Mineral Coal.
The five laſt Mines are exempted from any Payment to the Revenue on Account
of their Poverty; and in that of Quickne is a Well, whoſe Water turns Iron into
Copper in three Years foaking. At Konigsbergh, four Miles above Stromſoe, are alſo
Mines of Silver, which, in May 1731, were let out to farm, after a Prohibition to
all Strangers had been iſſued in the preceding February, not to take any Intereſt
therein. And at Drontheim is a Pearl Fiſhery, whoſe Revenue the King granted
to the Queen in the ſaid Year. Its other Products are Iron, Pitch, Tar, Fiſh,
Skins, Tállow, Butter, Aſhes, and above all Maſts, Boards, and Timber.
About the Year 1738, an Allum Work was erected near Chriſtiana, where is an
inexhauſtible Rock of Slate, which is burnt into Aſhes, and theſe being ſteeped in
Water,and afterwards boiled, produce Allum, though myAuthor is uncertain whether
any Urine or Kelp is uſed in the Operation. Carraways alſo grow very plentifully
in this Country, and large Parcels of them are annually exported. Of Cryſtal a
good deal may be got a few Miles above Chriſtiana, but a Sample of it having been
ſent here to London, its Quality was diſeſteemed. In Iceland is the famous Vul-
cano Hecla, from whoſe Mountain great Quantities of Brimſtone is procured, which
occaſions this Commodity to be prohibited Importation here, and the Wool of this
Iſland is very fine and long; it was peopled from Norway in about 950, is go-
verned by a grand Bailiff, hath two Bithops, and thirty-ſeven
Pariſhes.
The Imports are Spice, Wine, Brandy, Vinegar, Cheeſe, Tobacco, Woolens of
all Şorts, Salt, Beer, Bottles, falt Beef, black Lead, Braſs, Buckrams, Butter, Çal-
4
licoes,
872
GENERAL COMMERCE OF THE WORLD.
licoes white and painted, Candles, Caps, silk, and Worſted, Canvas, Coals, Cop-
peras, Cork, Coriander Seed, Cotton, Coverlets, Currants, Cyder, Dimity, dry
Filh, Corn, and Flour, Glaſs, Glue, Gunpowder, Hats, Herrings, Indigo, Lead,
Leather, Linen, Mead, Muſtard Seed, Mercery, Nuts, Pewter, Quickſilver, Rai-
fins, Rice, Saffron, Salmon, Steel, Stockings, Sugar, Sweetmeats, Tea, Tin, Silks,
Verdigris, Vitriol, Wax, Wire, and many other ſmall Commodities too numerous
to be inſerted.
About twelve Years ago, Joachim Friederic Baron Beurt, a Bohemian, erected (as
Director General) at the King's Expence, a Salt Work at Arefund, near the Færder
Iſland, with a great Pile of Buildings; and the Water there being much freſher
than in the North Sea, is pumped up to the Top of the Grader Houſe, from whence
it is conveyed by a great Number of Spouts, and falls upon many Hurdles, with
the Bark taken off, in Order to diſſipate the freſh Particles of the Water, and pre-
pare the Remainder for the Pan, to which the Houſe being left open on all Sides,
that the Air may have a free Paſſage, 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 Ports, but the following ones only are appointed
for the landing or loading Merchandize, from or to foreign Parts, or thoſe of the
King's other Dominions, whoſe Trade I ſhall briefly particularize, having already
ſpoke of it in general.
Abrendal. The uſual Exports of this Place are ſhort Timber, and a few coarſe
fawn Deals.
Bergen was once a firſt Rate Hans-Town, and the Seat of a Biſhop and Grand
Baily, though its Trade has for ſome Time gone very much to Decay; at preſent its
principal Exports are Tar, ordinary nine or ten Feet Deals, falt Cod, Stockfiſh,
Herrings, and Salmon ; here all Sorts of Corn may be imported, on paying a Cuf-
tom of twelve Sti. Specie per Barrel.
Chriſtiana is a City about a hundred and thirty-ſeven Years old, the Reſidence
of a Viceroy, Biſhop, Grand Bailiff, and is the High Court of Norway ; from
hence are ſhipped the greateſt Quantity of the beſt Deals in this Country; and
beſides it has an Allum, and a Stuff Manufacture.
Chriſtianſand, built about an hundred and twenty Years ago, is the Seat of a
Biſhop, and Grand Bailiff; its chief Exportation Timber, and a few Deals moſtly
ill fawn.
Chriſtianſund was called Faarfund until 1732, when the late King gave it its
preſent Name; its yearly Exports are about two thouſand Barrels of Tar, ſome bad
Pitch (of which they have little in Norway) Stockfiſh, 10,000 Barrels of Cod and
Ling, 48,000 Barrels of Herrings, ſome few Deals, Train Oil, and Salmon.
Drammen is a general Name for Bragnees, Copperwyk, and Stromſoe; it exports
great Quantities of Deals and Timber. It lies about four Miles diſtant from
Kongſberg (where the Silver Mines are) and by a Placard, dated May the 4th,
1706, all Ships going to Drammen in Ballaſt, are directed to caſt it out near the
Cuſtom-houſe, for Preſervation of the Ground whereon it is built.
Drontheim, called alſo Trundheim, is an ancient City, and was formerly the Seat
of the Norway Kings; though now become the Reſidence of a Grand Bailiff, and
Biſhop, whoſe Cathedral is the moſt magnificent of any in the Country, being
with a coarſe black Marble, which a neighbouring Quarry produces. Its Exports
are fourteen Feet three Inch Fir Deals; great Quantities of nine to ten Feet one
and half Inch ditto; red and white Deals, in all ten to eleven hundred thouſand;
Tar, and near five hundred Tons of Iron, moſtly for Amſterdam.
Molla, a ſmall Port, which only affords ſome Tar and Fiſh.
In 1748 the above three Ports were farmed by ſeveral of the Inhabitants for ten
Years, at the annual Rent of 32,000 Rix-dollars, which has produced them
great Profits by the yearly Income of 40,000 Rix-dollars from Drontheim 20,000
from Chriſtianſund, and 6000 from Molla.
Flekkefiara, whoſe chief Exports are Salt Fiſh, Herrings, and Stockfiſh.
Friderichſhald is the
eaſternmoſt Town in Norway, and was built about a hun,
dred and twenty-eight Years ago; it is ſeparated from Sweden by a Ford two
Miles broad; and its Exports are confined principally to Deals, with a few Balis
built
very

Engliſh
and
5
OF THE SOUND, &c.
873
and Spars : Its Oplag occaſions the Importation of all Goods in their own Ships,
beſides Iron from Sweden, under any Colours.
Friderichſtad roſe on the Decline of Sarpſburg (lying a Mile and a Quarter up
the River Glommen) about a hundred and ſeventy Years ago; from hence many
Mafts, Load Balks, Deals, Spars, ſmall Balks, &c. are annually exported: It is
the beſt fortified Town in Norway; but as ſeveral of the Fortifications are built
on a Clay Ground, with a Boggy Bottom, the Foundations frequently give Way
and fink.
Holmſtrand, a ſmall Town, that exports a few Deals, Balks, and Sparwood. It
lies in the Earldom of Jarlſberg; and on the Iſland called Long Oe, near to it is
a very great Quarry of grey Marble.
Krageroe is another ſmall Town, yielding ſome Deals, Balks, Spears, and Spars ;
and ſome Years ago it produced the beſt fourteen Feet Deals in Norway.
Langeſund, a ſinall Place, ſubject to the Cuſtom-houſe of Porſgrund, affords
ſome ſmall Balks; but moſtly Sparwood.
Laurvi, a ſmall Town in the Earldom of the fame Name, within Stavern,
where the Earl has a fine Iron Work, produceth chiefly that Sort of Deals called
Schirven, which are commonly eſteemed the beſt.
Mandhal, a little Place lying two Miles on the Eaſt Side of the Naze, yields
ſome ſhort Timber, and a few. low priced Deals.
Moſs, a ſmall ancient Town, whoſe chief Exports are Sparwood, and a few
Deals; though it has a fine Iron Work, and ſeveral Saw Mills.
Porſgrund has the Cuſtom-houſe for itſelf, Brevig, Lonfound, and Scheen; the
two firſt exporting very good large Timber, eſpecially the Sort called Bratſburgh
Spears, Sparwood, and ſome Deals; at the laſt Place are fawn the Cloiſter Deals
from twelve to eighteen Feet long; the beſt in thoſe Parts.
Romſdahal, a ſmall Town, whoſe Exports uſually are ſome Fiſh, and a little Tar.
Rus-oer, commonly called Eaſt-Ries, produceth chiefly ſhort Balks, Spars, and
fome few coarſe ill-fawn Deals.
Sand lies on the Weſt of Chriſtiana River, though the Ships chiefly load on the
Eaſt Side, at Drobark and Wenebeck; its Exports are great Quantities of white
Wood Balks, and Spars, principally for the Hollanders.
Stavanger, a very poor Place, moſtly inhabited by Shipmaſters, who are chiefly
employed in carrying Fiſh from Bergen, and the adjacent Ports, coaſtwiſe, and ſome
ſmall Matter to the Belt.
Sandefiord, a ſmall Place between Laurvig and Tonsberg, whoſe chief Produce
is Spars for Denmark, as there are few Inſtances of Foreigners lading here.
Sundhard, a ſmall Town N. W. of the Naze, ſhips a little Fiſh and ſome Tar.
Tonsberg is deemed the oldeſt trading Town in Norway, and has the Ruins of
an ancient Stone Building, ſuppoſed to be the Relicts of a Palace, where one of
their Kings reſided; it is now a poor Place, and the Exports reduced to a few
white Deals, Balks, and Sparwood.
Two or three Ships are ſent yearly from Copenhagen to Finmark, which load
with Fiſh and Oil, moſtly for Holland; and one or two likewiſe go from the ſame
Place, chiefly with Proviſions for the Garriſon at Greenland (and to carry Miſſio-
naries) as the Inhabitants want but few Neceſſaries, or ſeem to have nó Care for
more than the preſent.
Wardhuus, or W ardhuys, is the northernmoſt Fort in Norway, where the King
of Denmark keeps a ſmall Garriſon: It lies in 70 Deg. 45 Min. Latitude, and its
Longitude from the Meridian of London is 27 Deg. 50 Min. Near it the River
Tanne takes its Riſe, and runs through Lapland; from the different Ports of
which, and Finland, ten or twelve Ships, of about two hundred Ton, load yearly
with Fiſh for Copenhagen, and from the latter many to Bergen and Drontheim.
The Havens of this Country are very numerous, and moſt of them
but many of them abound with the Worm ſo prejudicial to Ships Bottoms; no
one is permitted to go into or out of them without a Pilot, as per Placart March
5, 1725, where the
ift Article is, That all Shipsgoing into Harbour, either to load there, or deſtined
to other Countries, ſhall pay Pilotage conformable to this Regulation, and not be
allowed (whilſt a Pilot is to be got) by themſelves, People, or any fave ſworn Pi-
lots,

very ſafe,
10 N

874
ĠENERAL COMMERCE OF THE WORLD.
lots, to carry their Ship in or out of Harbour, or to follow other Ships, for if
they do, they are liable to pay Pilotage at the Cuſtom-houſe.
2dly, One Tenth is to be deducted out of the Pilotage for the Captain (who is
Chief over all the Pilots) and the remaining nine Tenths to the Pilot.
Rd. Ro. s.
3dly, The Summer Pilotage, viz. from the 16th of March to the 16th
of October, from Sea, is to be for a Ship drawing 4, 5, and 6 Feet Water
7.
8
9
8
I
O
o
8
I
2 16
0
O
IO
I
II
ہم ہر M M N در بر بی هم
2 16
O homens NO
15
Ooo
I
O
Foto 12
3
13
3
8
3
2 16
4
16
4
8
Sels
17
4 2 16
18
Winter Hire, Part more to be paid from the 16th of Oétober to the 16th of
5
March, and when the outer Rocks do not exceed one Mile from the Port, only
fingle Pilotage is due. For every Foot above 18, 1 Rixdollar per Foot more than
the 5 Rixdollars, the Feet to be reckoned as are marked, and the Pilotage to Sea .
to be leſs than this bringing in, and nothing reckoned for , , or Feet.
Fly-boats, Hays, and other flat built Veſſels from Sea O Rd. Ro. s.
4, 5, and 6 Feet Water
7
8
I
2
o
S2
9
IO
3
NO NON ON ON
I 2
O O
3
4
4
13
5
14
5
Or half as much more as ſharp built Veſſels.
Pilotage by the Mile, when do not exceed four,
Ships of
4 to 6 Feet, each Ft. o
6 to 8
9
to IO
II to 12
13 to 14
1
8
ооо
I 12
I 16
I 20
0
O
15 to 16
17 to 18
NNN
o
8
2 16
O
Flat built Ships pay $ more, above this Depth i Rixdollar more for each Mile,
if the Pilot carry a Ship above four Miles, he is to receive Part leſs, but if nine
to twelve Miles incluſive, ş leſs for each Mile. Winter here to receive Part
more alſo, for Pilotage in and out.
Whilſt the Pilot is aboard, the Ship Maſter muſt provide him free Meat and
Drink, but if obliged by contrary Winds to keep the Sea, one, two, or more
Days, the Maſter (excluſive of the Pilotage) muſt pay the Pilot two Rixoorts
daily.
Ń. B. Nothing to be paid the Pilot for Attendance whilſt the Ship is in Har-
bour, nor can he demand Provifions.
4. The Pilots muſt not (on Forfeiture of their Place) take more Pilotage
what this Placart allows, except in ſtormy Weather, where Hazards are run, of
more Perſons employed for the ſaving People, Ship, and Cargo, or when the hath
loft Mafts, Sails, or Rudder; the Pilot may in ſuch caſe agree above the common
Rate,
than
OF THE SOUND, &c.
875
Rate. If the Maſter refuſe to agree, the Pilot notwithſtanding muſt do his Duty,
and the Pay be ſettled by the Oldermand and two diſintereſted Perſons; but if ei-
ther Party be diſſatisfied, the Magiſtrates may attempt it; if their Determination
be alſo diſliked, it may be appealed to the Court of Admiralty in Copenhagen.
5. As ſoon as the Pilot ſees a Ship in the Offing, with her Colours out as a
Waft, he ſhall go with his Boat without the outer Rock, and continue on board
her until ſafely moored. If in clear Weather a Ship put out a Show for a Pilot,
being in ſome Danger, and no Pilot appears, they who ought to attend in that
Neighbourhood, and have no reaſonable Excuſe, ſhall forfeit two Rixdollars each
to the Poor. And the Oldermand, for not keeping better Order among the Pilots,
Ahall forfeit four Rixdollars for the firſt Neglect, five for the ſecond, and loſe
his Office for the third.
6. A Ship having brought to for a Pilot with his Colours out, and none near
at hand, the Filhermen who have been uſed to officiate as Pilots, may then take
Charge of the Ship and carry her in, recovering full Pilotage for their Trouble,
without
any
Deduction, though none but Pilots may carry a Ship to Sea, except
Fiſhermen appointed by the Oldermand.
7. That the Pilot-Boats may be known, they ſhall carry a red Cloth in the
Middle of their Main-Sail, but when cannot uſe it, Thall ſhew a white Cloth at
the End of their Sprit; and on Neglect to ſhew theſe Marks, they ſhall each
Time forfeit two Rixdollars to the Oldermand, and two ditto to the Poor.
Fiſhermen uſing ſuch Signs ſhall forfeit four Rixdollars each Time.
8. When a Maſter hath got a Pilot on board, he ſhall not be obliged to take
another on his coming into another Pilot's Diſtrict, if the Pilot he has is acquainted
and willing to proceed farther; though if the Oldermand order another Pilot, the
former muſt quit, to prevent the Harbour's being left deſtitute; but if the Pilot
engages to go farther than he is acquainted, and a Damage happens, he thall pay
it, as the Law directs. Code IV. B. I. Cap. v. A.
9. When a Maſter has any reaſonable Cauſe to complain that his Pilot has not
done proper Duty, and the (Weather permitting) Colours were put on to thew
the Want of a Pilot, the Malter ſhall in this Caſe take the Pilot and Oldermand,
and in Preſence of two Sea-faring Shipmaſters, whom the Magiſtracy ſhall ap-
point, make an Atteſtation thereof, and the Maſter Thall have Credit for Law
Charges until a Deciſion, each Party obliging themſelves to be ſatisfied therewith;
and a Pilot, having Reaſon of Complaint, is entitled to the fame Liberty.
10. The Pilots are to have Blanks in the Maſter's Language, for him to ſign,
notifying what he has paid him, as ſhall the Pilot for what he has recived.
11. Wind and Weather permitting a Pilot to conduct a Ship into a convenient
Harbour, he muſt not on any Account carry her into one where the anchoring
Ground is too deep, eſpecially late in the Year, or in Winter, except in Caſes of
Neceſſity; and then the Pilot ſhall before-hand acquaint the Maſter with the
Circumſtances, and muſt however anchor in the moſt convenient Place, on Pe-
nalty of four Rixdollars; and the farne Sum on neglecting to take an Atteſta-
tion that it was not his Neglect. A Pilot conducting a Ship through dangerous
Places, or altering the Land Marks, ſhall be impriſoned for Life in Bremerholm,
or ſuffer Death if he deſerves it.
12. As the Captain is allowed one Tenth of the Pilotage, the Oldermand of the
Pilots ſhall have three Stivers on each Rixdollar, both of them to be deducted
out of the ſtipulated Rates; and if Pilots carry in and out of Harbour, which
do not load or deliver in that Country, the Captain's Salary ſhall be only one
twentieth Part.
13. Forfeitures to be diſtributed amongſt poor Sailors.
14. The Collectors of the Cuſtoms are to aſſiſt the Pilots in getting their Pi-
lotage, and not clear the Ships until they are ſatisfied, or have the Oldermand's
Atteſt what Draught of Water ſhe drew in and out, but muſt deduct the Salaries,
if the Maſter has paid them to the Oldermand.
15. A Maſter failing before he hath paid his Pilot, ſhall, when met with in
Norway, pay the Debt, and the like Sum to the Poor, beſides the Law Charges :
And a Maſter uſing a Pilot ill ſhall forfeit as the Law directs.
16. As



I
876
GENERAL COMMERCE OF THE WORLD:
16. As the Pilots are always obliged to keep a Look out, they ſhall have Re-
ferves of others.
17 If the Magiſtrates, or Admiralty's Deciſions in Law Suits between Maſters .
and Pilots are difliked, either Party may appeal to the King.
18. Ships bound to any Port within the Fæder, and ſtop (with a fair Wind)
in any out Harbour to ſmuggle, the Pilot ſhall immediately inform the neareſt
Officer of Juſtice; and the Maſter, on due Proof made againſt him, muſt pay
the two hundred Rixdollars, as directed in the Book of Rates; the ſame to be alſo
obſerved North of the Naze: And a Pilot neglecting to give ſuch Information
ſhall loſe his Place.
19. The King commands all his Military Officers to be aſſiſting herein, and to
keep theſe Orders as a Law.
Maſters of Ships muſt make a true Report at the Cuſtom-Houſe, within twenty-
four Hours after their Arrival; and, if required by the Collector, muſt produce
authentick Bills of Loading. The not reporting within this Time limited, in-
curs a Penalty of twenty Rixdollars daily; if they neglect to report all their
Cargoes, they muſt pay twenty per cent. on the Value of that Part omitted,
except he will make Oath that it was an Error, without any ſiniſter Intent to
ſmuggle them. If they belong to Maſter or Mate, they are confiſcable and liable
to double Duty.
Maſters muſt be careful not to fail without their Told-Zedel, which is a Paff-
port given them from the Cuſtom-houſe, containing a Liſt of the Cargo, and that
the Laſtage, Teinde (or tenths, a Cuſtom) and Lights are paid; otherwiſe being
found without it, and the Cargo is diſcovered not to be duly entered, treble Duty
muſt be paid, and the Maſter condemned to Chains for Life in Bremerholm; if
the Ship be only in Ballaſt, the Puniſhment is to pay ten Rixdollars, and the
pro-
ducing falſe Paſſports, with an Intent to defraud the Revenue, incurs a Forfeiture
both of Ship and Goods.
The Lights in this Province are the Fæder, built on a high Rock at the En-
trance of Chriſtiana Fiord, and two on the Naze Point; in Denmark, they have
the Schaw, and Anholt in the Cattegat; that on the Sand Bank called Scagén,
at the Point of Jutland, was ſome Time ago waſhed away, and I believe not yet
reſtored.
The Sea Marks here, are the Cow and Calf near Mandahl. Off Merdoe Iſland,
the Trom Hills, and Trom Church, with a new built whitened Steeple, and the
above-mentioned Light-houſes.
The Daniſh trading Companies, are that of the North, the Iceland Company,
and the Eaſt-India Company. The firſt was eſtabliſhed at Copenhagen in 1647,
by Frederick III. which has not only very conſiderable Settlements in Norway,
but they ſend their Ships alſo to the Port of Varanger, at the Bottom of the Gulf
of the fame Name; from whence their Commiſſaries penetrate by Land, both
into the Daniſh and Muſcovite Lapland, on Sledges drawn by Rein-deer.
They alſo extend their Trade to Borandia and Siberia, where their Factors
advance even to Panigorod, the Capital of this Part of the Czar's Dominions; and
the Goods they carry are Rix-dollars, Tobacco, Brandy, and Linen, which they
truck againſt a Variety of Furs, the only Products of theſe Parts.
The Iceland Company alſo owe their Charter to the ſaid Monarch Frederick
III. who granted them his Letters patent in the ſame Year the Northern Affo-
ciation obtained their’s. It is the Ships of this Company only that are permitted
to trade with this Iſland, which lies in ſixty-five Degrees forty-four Minutes of
Latitude, and thirteen Degrees and thirty Minutes of Longitude. The Inhabitants,
although at preſent Chriſtians, are notwithſtanding almoſt as much Barbarians,
as before this Religion was profeſſed among them. They neither buy,
or know the Uſe of Money; ſo that all their Trade conſiſts in Barter, either with
Strangers, or between one another; this Inle became ſubject to Denmark at the
fame Time with Norway; and their chief Traffick confifts in Beeves, Sheep, and
Horſes, and the Skins of theſe Animals, dry or falted, dry Fiſh, Butter, Tallow,
Brimſtone, and the Furs of Foxes, Bears, Wolves, &c. Among the Sheep they
have a very extraordinary Sort, being large, with eight Horns, which the Natives
are obliged to ſaw off, for fear of their wounding the other Cattle, as they are


nor ſell,
I
difficult
OF THE SOUND, &c.
871
difficult to tame; their Wool is thick and fine, which recommends it to a good
Sale.
The Danes carry to theſe Iſlanders, in Exchange for Commodities, Tobacco,
Linens, Flour, Beer, Wines, Brandy, Iron, Cloth, ſome Hard-Ware, &c. alí
conveyed to Kirkebar, a large Town, or ſmall City in the Iſland, where the
Merchants and Factors reſide; and though the Trade to Groenland has nothing
to do with the Company's Charter, yet as it ſtill lies farther North than Iceland,
I thall ſpeak of it here, as in its proper Place.
This Country, in a Manner unknown, and its Limits yet undiſcovered, has hi-
therto hindered the Learned from determining whether it is a Continent joining
to that of America, or Tartary, or whether it is ſeparated from both, and is an
Iland. The Smallneſs of its Products are ſuited to the Paucity of its Inhabi-
tants, as it affords nothing but Whale-Fat and Oil, Seal Skins, and the Teeth
of a Fiſh called Towak, more valuable than Ivory for its Whiteneſs; which they
truck with the Whale-Filhers, who land here to boil their Blubber againſt
Knives, Sciffars, Needles, Looking-Glaſſes, &c. And as I have no where taken
Notice of the Value and Importance of this Fiſhery, which now begins to be
regarded here, as it is encouraged by the Government, and the Succeſs of our
late Attempts in it; I preſume it may not be diſagreeable to my Readers, to
be adviſed of what may annually be taken in that Sea. I ſhall therefore give
a Liſt of the Ships which filhed there in the Year 1737, with the Fortune they
each had in their Enterprize.
The Dutch then ſent into the Groenland Sea an hundred and fix Ships, which
caught three hundred and fifty-five Whales. The Hamburghers ſeventeen Ships,
that took thirteen Whales and a half. Altena ſent five Ships, and got ſeven
Whales; and Bremen's ten Ships caught eleven Whales; theſe were all extra of the
Adventurers to Davis's Straits, whoſe Engagements were yet more conſiderable.
The Danes began late to engage in long Voyages, at leaſt to the Eaſt-Indies;
and it was not before the Middle of the ſeventeenth Century, that their Colours
were ſeen in the Gulf of Bengal, and on the Coaſts of Pegu. At preſent they
carry on a pretty good Trade to thoſe Parts, by a Company eſtabliſhed in 1612,
and whoſe Privileges were enlarged, and its Commerce extended by a Grant
from his Daniſh Majeſty in January 1728, which made them in a Manner a new
Aſſociation; and for a Fund they opened Books to take in Subſcriptions, at
Altena; but this new Company being ſtrongly oppoſed by the Maritime Powers,
which undoubtedly had an Influence on the intended Subſcribers, the Thing dropped,
and the Company remained on its primitive Footing; but the late King, in
Order to aſſiſt and encourage their Undertakings, advanced them a hundred
thouſand Crowns in 1740, that they may puſh their Trade with more Vigour.
The Iſle of St. Thomas, ſeated in the North Sea, at fifteen Leagues Diſtance
from Porto-Rico, is the only Colony that the Danes have in the Weſt-Indies. The
Hamburghers have alſo a Factory here, from whence they carry on ſome Trade
with the Antilles.
The Products of this Ille are but little, for though ſome Sugar and Indigo
are gathered here, they would not be capable alone to ſupport the Inhabitants,
if they found not in their Situation, a Reſource elſewhere, from whence to pro-
cure, not only a Support, but to ſet forward an advantageous Commerce, con-
fiſting principally in the Negro and contraband Trade carried on with the Spa-
niards: their having made their Iſle a free Port likewiſe_greatly contributes to
their Benefit, as it attracts the Buſineſs of all the illicit Traders in thoſe Parts.
But now to return to the Baltick.
Of the Trade of Courland, Pruſſia, and Pomerania.
THE. Imall State of Courland has properly but one Port of the Baltick Sea,
which is Libaw. Memel, at the Entrance of the Gulf of Courland, although
at belongs to Ducal Pruſia, I inſert it here, as it is between theſe two Cities that
all the Trade of this country is tranfacted, of which Wood and Grain make the
moſt conſiderable Part. Linſeed ſhipped from hence in great Quantities is the
10 (
moſt
87
GENERAL COMMERCE OF THE WORLD.
1
و
Lead, Saltpetre, Pitch, yellow Ainber, Beeves, Hides, Skins, Wool, and Poland
moſt eſteemed of any in the North, whereof large Parcels are uſed in Holland for
extracting its Oil, and in France and Flanders for ſowing; and this Trade is ſuf-
ficient to employ twenty-five Ships yearly in it from Holland only.
Konigsberg is the Capital of Ducal Pruſſia, ſeated on the Pregel, that falls into
the Triſchef (called by ſome the Hac) a Sort of Lake that communicates with
the Sea; but it is at Pilau (a conſiderable Fortreſs at the Entrance of this Lake)
that the Veſſels at firſt arrive in their way to Konigsberg, which is more than
eight Leagues diſtant, and cannot be gone up by Ships drawing more than ten
Feet Water. This Inconveniency, which occaſions great Expences, is followed by
two others, viz. Strangers may not houſe their Goods in order to wait a favour-
able Opportunity for their Sales, neither is the diſperſing them within Land by
the Canals permitted, nor their Sales ſuffered to be made to any other than the
Inhabitants of the City.
Beſides the Products of the Province, the Pregel, which has its Riſe in Lithuania,
ſerves for Tranſportation to Konigsberg of that Country's and Poland's Products;
ſuch as Pipe-ſtaves, Deal Boards, Wheat, Rice, Barley, Millet, Hides, Furs,
Hemp (inferior to what is got from other Parts of the North) Flax, Wax, Honey,
Tallow, Pot-Ath and Wood-Afh; the Imports there are Woolens, Salt (moftly
from France) of which near eight thouſand Laſts are ſold here annually for the
Conſumption of Pruſſia and Lithuania. The other Goods proper for this Com-
merce are Iron, Lead, Pewter, about one hundred Barrels of Wine, one hundred
ditto of Brandy, and the ſame Quantity of Vinegar; Butter, Cheeſe, Sugar, To-
bacco (chiefly Clerac and Martinico, of which a hundred thouſand Pounds may
be uſed here yearly) Spice, and (as in all the Reſt of the Baltick) Rix-dollars.
Dantzick is, of all the Cities ſeated on the Baltick Sea, that where the greateſt
Buſineſs is tranſacted. The Viſtula, on whoſe Borders it is built, near a League from
its Mouth, conveys to it all the Merchandizes of Poland, whoſe richeſt Palatinates
this River waſhes for more than one hundred Leagues in its Courſe, and ſerves to
tranſport in Return thoſe foreign ones with which its Warehouſes are always well
ſtocked. Ships drawing more than eight Feet Water cannot get up to the Canal,
running from the Viſtula to the City, ſo that if they draw more, they muſt be
lightened in the Road (which is an excellent one) and carry the Part of the Cargo
ſo taken out in Boats.
The Magazines for Grain eſtabliſhed at Dantzick in an Iſland, partly formed
by the Viſtula's Channel, are very famous in all Europe, and they certainly deſerve
it, if there is no Exaggeration in the aſſerting, that they annually ſupply Fo-
reigners with eight hundred thouſand Ton of Wheat. It' is a Privilege of the
Burghers, that they only are permitted to purchaſe the Polanders Wheat, when
once brought into their City; but on the other Hand they are obliged to take all
that comes in, at a Price fixed by the Magiſtrates. Strangers here are fubject to
the Inconvenience, as at Konigsberg, of being debarred the Liberty to ſend their
Goods within Land, or ſelling them to any others than the Citizens; but the
Hardſhip is ſomething alleviated here, by the Permiſſion to houſe them till a
favourable Opportunity offers for their Diſpoſal.
The Loadings of the Engliſh, French, and Dutch Ships for this City conſiſt of
a Quantity of Cloths and Silks, Spice, Dying Woods, 'Drugs for that Uſe, and
Medicines, Italian Cremor Tartari, Sugar, Oil, Paper, all Šorts of Hides, Salt,
Wine, and French Brandy.
Wheat and other Grain, I have already obſerved, are the principal Exports from
Dantzick; here are however many other Goods, that this place furniſhes Trade
with, of which the moſt conſiderable are Ships Maſts, Oak and Deal for Car-
pentry, Flax, Pot-aſhes, Weed-afhes, Honey, Wax, Tallow, Steel, Iron, Copper,
Salt, when the Engliſh and Dutch cannot have this Commodity from France.
Stettin, which is the Capital of Lower Germany, has the greateſt Share of the
Trade of it, althoʻit has other Ports, as Stralſund, Wolgaſt, and Colberg (this laje
in the Territories of his Pruſian Majeſty) where Tome is tranſacted, ye? but little
in Compariſon with that of the firſt mentioned City; which is feated in the four
Branches of the River Oder that preſerve its Name, and which falls into the
Baltick about eight or ten Miles from it. Ships cannot go up to the City, but
are
5
OF THE SOUND, EC.
879
in Boats.
are generally unloaded at Stenwert or Wolgaſt, from whence the Goods are carried
At Stettin are to be met with, not only the Products of Pomerania, but alſo thoſe
the Marquiſate of Brandenburg, brought there by the Oder, which
partly croſſes them, and conſiſts chiefly in Grain, Ships Maſts, Woods, Hides,
coarſe Wools, Honey, Flax, and Silefia Linens: Their Imports are Spice, Silks,
a large Quantity of Sugar, many Herrings, twelve to fifteen hundred
Laſts of French Salt, a few Wines, leſs Brandies, and elſewhere) a good Fund
of Rix-dollars.
of Sileſia,
Woolens,
Of the Commerce of Livonia, and its principal Cities.
THE
HE Poſſeſſion of this vaſt Province was a long Time diſputed between the
Muſcovites, Polanders, and Swedes; but by the Treaty of Oliva, in 1660, it
was divided between the two laſt Powers, to which a third may be added, viz.
the Dukes of Courland, who enjoyed a Share of it, under the Protection of Po-
land. But the laſt War in the North, begun in 1699, deſpoiled the Swedes of
it, after divers Events equally glorious to Charles XII. King of Sweden, and
to Peter I. commonly called Peter the Great, Emperor of Ruſia ; though more
fortunate in the End to this laſt, who remained in the Poſſeſſion of all Swediſh
Livonia, and it is now Part of the Ruſſian Dominions.
The Peace, concluded after the Death of Charles XII. (killed at the Siege of
Chriſtianſtadt) having adjudged Livonia to the Emperor, thereby in a Manner
rendered him Maſter of the Trade of the Baltick, in opening to him the Ports of
Riga, Revel, Narva, and Pernaw, whoſe Commerce is of ſo much the more Im-
portance, as not only the Goods of the Country, but a large Quantity beſides,
are brought here from Ruſſia and Poland in the Summer, by the Rivers on which
three of theſe Cities ſtand; and in the Winter by Sledges.
Riga, Capital of the Province, is built on the Dwina, which, after traverſing a
Part of Lithuania and Livonia, falls into the Baltick Sea, two Leagues below the
City, where their Ships may get up to, if their Draught of Water does not ex-
ceed twelve Feet, otherwiſe they muſt be diſburthened.
The fitteſt Time for this Trade is that of the two Fairs, held yearly in May and
September, where moſt Purchaſes are made in Rixdollars, though ſome in Exchange
for Goods brought there; but this Buſineſs is fomething troubleſome to Strangers,
as they are not ſuffered to unload their Ships, till after having ſold their Cargoes
to the Burghers; and would be much more ſo, were it not that this Law is often
evaded by the Goods being cloaked under borrowed Names, lent, for the Lucre
of a Commiſſion.
The few Goods loaded for Riga conſiſt of Rheniſh and French Wines (hardly four
hundred Barrels of the latter) Spice, Salt (of which from five to fix thouſand Laſts
ſell here yearly) Sugar, Tobacco, Vinegar, Paper, ſome Fruit, and Mercery Ware,
though all theſe in ſmall Quantities. The Returns which the Engliſh, French, and
Dutch get from hence are very conſiderable, the principal being Furs, of which
there is annually brought down the Dwina more than a thouſand Boat loads,
beſides what comes in the Winter on Sledges.
The Maſts from Livonia (which are very valuable) alſo Oak Plank for Ship-
ping, Ton and Pipe Staves (in great Abundance) Deal Boards, Wheat, Hemp,
Flax, and their Seeds, eſpecially the laſt for ſowing, and Oil, Pitch, Tar, Wax,
Tallow, and excellent Alhes for Glaſs or Soap.
Revel is almoſt equidiſtant from Riga and Narva : It was for ſome Time among
the Number of the Hanfatick Towns, but renounced their Alliance in 1550.
Its Trade is always very great, but not like what it was before the Engliſh had
diſcovered the Port of Archangel in the White Sea, and when it was the Ma-
gazine of the greateſt Part of the Ruſſian Products. Its preſent Exports and Im-
ports are near the ſame with thoſe of Riga; to which I beg my Reader will be
referred.
Narva, upon a River of the ſame Name, not leſs than the Elbe, has enjoyed
for a long Time the Privileges of the Hanſiatick Cities, having been almoſt


ruined
880
GENERAL COMMERCE OF THE WORLD.
ruined, and its Trade ceaſed for near a Century; it did not begin to recover its
Credit till after the Middle of the ſeventeenth. Olearius remarks, that in 1654,
they imported here at leaſt ſixty Dutch Veſſels, which loaded more than the Value
of five hundred thouſand Crowns in Goods ; ſince which Time it has conteſted a
Superiority in Trade with Riga itſelf, and carried it againſt Revel.
The Neighbourhood of Novogorod and Pleſkou, trading Cities of Ruſa, from
which laſt Narva is hardly forty Leagues diſtant, makes that of all this vaſt Em-
pire eaſy to it, and it is the Pallage by which almoſt all the Merchandizes which
go even to Moſcow are tranſported.
The Commodities proper for Narva, or thoſe in which Foreigners invelt their
Returns, are the ſame as at Riga and Revel, and therefore need no Repetitions.
Pernaw, a ſmall City on a River of the ſame Name, was formerly occupied in
no other Commerce than that of Wheat, which drew here ſome foreign Veſſels
to load it; but ſince the Means has been found of bringing down the River a
Quantity of Maſts (not leſs valuable than thoſe of Norway) and a good deal of
other Wood, its Trade is greatly increaſed; and ſince 1680, the Dutch have an-
nually ſent here more than fixty Ships inſtead of five or fix, that they conſigned
here before. Few Goods are wanted here, and almoſt all the Trade is carried on
by the Intervention of old Rix-dollars.
Of the Commerce carried on at Archangel and other Parts of Ruſſia.
THE
HE Trade of Archangel alſo comprehends that which may be tranſacted
as far as Moſcow, by Means of the Dwina on which this City is built, or
other Rivers with which this vaſt Empire abounds. Beſides the Engliſh and
Dutch, who alone carry on more Trade here than all other Nations put together,
the French, Swedes, Danes, Hamburghers, and thoſe of Bremen, have their Ma-
gazines and Correſpondents at Archangel. The Commodities fit for this Place
may be ſeen in the Deſcription of the Trade of Holland, to which may be added
Bourdeaux and Anjou Wines (three Quarters Red, and one Quarter White) Syrops,
whitened Linen, Fuſtians, coarſe Cloth, and other light Woolen Stuffs, Ribbons,
Hats, Jewels, Houſehold Stuff, and Artificers Tools.
But of all the Merchandize there is none whoſe Sale is ſo ſure, or that turns to
better Account than the Caftor from Canada, which often ſells for ready Money,
though this is ſeldom the Caſe with any others.
Furs are (as one may ſay) the Foundation of the Trade carried on with Ruſia,
and the Chief of its Exports, and although they do not differ in Quality from thoſe
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 leſs Riſque. The
Ruſia Leather, dry or falted Hides, Goat, Bear, or Wolf Skins; Hemp, Flax,
Hogs Briſtles, Fiſh Oil, Caviar, Tallow, Tar, Wax, falted Salmon, &c. are
Commodities that Muſcovy yields, and of which the general Staple is eſtabliſhed
at Archangel, which, ſince its being frequented by the Engliſh, and afterwards by
other Nations, has carried away a great Part of this Trade from the Baltick, and
particularly from Revel.
Of all theſe Products and Goods, the moſt eſteemed are the Hides of Jeroſlaw,
the Honey and Wax of Pleſkow, the Taliow of Fologda, the Oil in the Neighbour-
hood of Volga, the Flax and Hemp of the great Novogorod, the Pitch of Dwina,
and the Sables and other Furs of Siberia.
Aſtracan, a City under the Dominion of the Ruſſan Emperor, is ſeated at the
Mouth of the Volga in the Caſpian Sea, the principal Merchants trading here
Muſcovites, Tartarians, Armenians, and Indians. All sorts of Merchandizes
be ſold in the Morning at the Bazar or Market of the Tartars, where other Nam
tions have the Liberty of carrying their’s. After Noon the Ruſſan Bazar
where the Armenians are equally admitted, and the Indians tranſact all their Bu-
fineſs in their own Caravanſera.
Bratoffiena is a Village near to Moſcow, on the Side neareſt to Archangel, where
Commiflioners are eſtabliſhed to examine all Goods deſtined for Moſcow, which


are
may
held
after
4
OF THE SOUND, &c.
881
after being ſearched, and the Lead here put on them, are no more diſturbed till
their Arrival at that City.
Burates, a Nation of Muſcovite Tartary, which inhabit along the River Angara,
and the Lake of Bekal. They are rich in Cattle, particularly in Beeves and Ca-
mels
, with which the Muſcovite Caravans that go to and from China are com-
monly provided here, paying their Hire in Goods, and not in Money, of which
theſe People make no Account.
The Merchandize proper for this Place are black Sables, Pewter, or Copper Ba-
ſons; Hamburghers red Cloths, Otter Skins, Perfan Silks of all sorts of Colours,
and Gold and Silver Ingots. The largeſt Ox hardly comes to four or five Roubles,
and the ſtrongeſt Camel to ten or twelve, the Rouble on the Footing of five Guil-
ders as in Ruſia.
Jerojlaw, a Muſcovite City on the River Vologda, where one of the greateſt
Trades of all Ruſſia is negociated, principally conſiſting in Hides, Tallow, Linens,
and Bruſhes.
Mokaira, a great Monaſtery, with a Village of the fame Name, ſeated on the
Kerfimie that falls into the Volga, a great River of Muſcovy.
This Place is famous for its annual Fair held here in the Month of July, and
which laſts for fifteen Days. The Majority of the Ruffia Merchants uſually attend
it either to buy or ſell; and, for the Conveniency of Trade, here is a wooden Ca-
ravanſera built, where they lodge and retire their Goods.
Solowitzjoda is a Muſcovite City, celebrated for its Trade, where are many
good fubftantial Merchants, and excellent Artificers, particularly in Works of
Silver, Copper, and Ivory: It has alſo in its Neighbourhood many Salt Ponds, that
produce a great deal of that Commodity for Tranſportation to Vologda, and ſeveral
other Places, even as far as Archangel.
Tomſkoi, ſubject to the Czar's Dominion, is a City feated on the River Tom, in
Muſcovite Tartary; a great Trade is carried on from hence to China, by the
Cham of Bufuchtu, and the Buchares, among which fome Ruſian Merchants mix.
This Journey is made in three Months, and the fame Time expended in their
Return, but with an inexpreſlible Trouble, as every Thing muſt be tranſported
on Camels, even Wood and Water in ſome Places; and it would be impoſſible
for the Ruſſians, or any other foreign Nations, to perform this Peregrination alone,
the Country being full of Robbers, who pillage all Paſſengers, except they are
well accompanied or guarded.
I ſhall ſay nothing here of the Trade which the Ruſſians do, or might carry
on by the Volga and Caſpian Sea to Perſa; by Tartary to China ; and by the
Black Sea to the Dominions of the Grand Signor, as the other Nations of Europe
are but little concerned therein, except to account for the Riſe of Peterſburgh, a
modern, and now very flouriſhing City.
Peter the Great, having formed an Idea of the vaſt Advantage his Empire
might reap from ſecuring to it the Silk Trade of Perha, in the Year 1722 ap-
peared more confirmed than ever in his determined Endeavours to make himſelf
Maſter of this Branch of Commerce, and in Order thereto, he took Poffefſion
(as one may ſay) of the Caſpian Sea, and ordered a nice Chart to be made of it,
where the Ports and Roads were very regularly deſcribed, particularly the Coaſts
of thoſe Countries where Silk grew in the greateſt Plenty, ſuch as Quilan, Schir-
van, and the Neighbourhood of Schamachi : In Effect, he accompanied an Ex-
pedition on that Sea, ſeized the City of Andreof, in the Province of Dagheſtan,
and laid the Foundation of another large Harbour near Derbent, at the Bottom
of the Baltick, in the Gulf of Finland, to which he gave the Name of Peter's-
Haven (better known by that of Peterſburgh) reducing the Inhabitants of Der-
bent, to have Recourſe to him for Protection, and ſubmit to his Laws; and
though his Project has partly failed, yet this Settlement, having been frequently
beneħted by the Court's Preſence and Encouragement, is in a few Years grown
to be a conſiderable City, though not correſponding to the apparent Exaggera-
tion of an anonymous Author, who ſaid, fome Years ago, that it was likely to
in its Trade than Amſterdam.
become as magnificent as Verſailles
, as ſtrong as Dunkirk, and more flouriſhing
However,

IO P
882
GENERAL COMMERCE OF THE WORLD.
However, through the great Encouragement given by the reigning Empreſs
Catharine II. to Arts, Manufactures and Commerce, the Splendour, Popularity,
and Affluence of this City is daily increaſing; and, by her Attention to maritime
Affairs, all parts of her Dominions are in a State of Improvement, that muſt ren-
der the Ruſſians a formidable and flouriſhing People.
Shipmaſters, on their Arrival at Cronſtadt, have a printed Book of Directions
given them, for their Regulation; and they are allowed the Duty of ten Rix-
dollars, or what they will amount to, under that Sum, on ſuch Goods as are their
own Property.
The Ton here in Freight, is 46 Poods on Leather, and on other Goods 36
Poods, 120 Pieces of Drillings, 60 Pieces of Sail or Raven Duck, Linens, 6,
8, to 10,000 Arſchins, per Ton, as in Fineneſs.
Of the Trade to Sweden.

A!
LTHOUGH this Kingdom has always furniſhed Europe with its ſuperflu-
ous Products, it was nevertheleſs regardleſs of its Trade, till Queen Chriſtina
both, protected and encouraged it, by the Advantages ſhe granted to, and procured
for, this Nation ; which till her Reign ſeemed entirely to neglect Commerce,
either by having its Attention drawn off, through its natural Propenſity to War,
or the Effects of Sloth and Ignorance, which it would not be at the Pains of
removing; but the Cruelty of the Duke of Alva made many to eſcape from the
Low Countries, and take Sanctuary here, to which Fugitives Sweden owes the ma-
jor Part of the Knowledge it has acquired in Trade; and their Eſtabliſhment
was ſo fucceſsful, as to encourage a great Number of Walloons to Tranſport them-
felves here, whoſe Language and Religion ſtill ſubliſts in thoſe Places where they
firſt ſettled.
They erected Forges and other Conveniences for caſting of Cannon, as alſo
for the manufacturing of Iron Wire, and other Works of this Metal, Copper and
Braſs, which their Deſcendents continue to this Day ; but, notwithſtanding all
this, the Navigation of the Swedes was but trifling, till their aforeſaid Princeſs, on
concluding a Peace with Denmark in 1644, obtained from that Crown a Concel-
fion, that all the Ships, and other Effects of her Subjects, ſhould pay nothing
on paſſing the Sound; ſince which the Swedes have greatly increaſed in Shipping,
and in the late War were the principal Carriers of Europe. The chief Articles
of Sweden's Exports conſiſt of Copper, Iron, Pitch, Relin, Mafts, Boards, &c.
In Exchange of which, it takes from foreign Parts, Salt, Wine, Brandy, Dra-
peries and other Stuffs ; Tobacco, Sugars, Spice, Paper (of which they hardly con-
ſume yearly two thouſand Reams in all the Country) Linen, Vinegar, Fruits from
Provence, ſome Mercery, and divers other Commodities.
The Trade, which the Swedes have with Portugal, is that which they can leaſt
be without, as the Kingdom chiefly ſupplies them with the great Quantities
of Salt they uſe ; though their Commerce with England yields them much more
Profit in taking off near half their Products, and bringing them almoſt two-
thirds more of their Value, in Silver than in Goods. The leaſt is that tranſacted
with France, as this rather ſerves to feed their Vanity than ſupply their Needs,
and conſumes but very little of the Country's Manufactures or Growth.
It is at Stockholm, that almoſt all the Traffick of Sweden is negociated; Fo-
reigners not having the Liberty to trade in the Bothnic Bay, nor the Subjects of
his Swediſh Majeſty, to bring their Goods only to this the Capital, whoſe Port is
deep and ſecure, though the coming in, and going out, long and dangerous.
The Swedes themſelves tranſport the beſt part of their Commodities, in their
own Ships, to Holland, Spain, and Portugal, and ſome few proceed to France,
to load Wine, Brandy, and Salt. But the Engliſh and Dutch are the People
who
carry on the greateſt Trade with this country'; the firſt by their Woolens, and
the latter with their Spices: though that of the Dutch is however the moſt con-
fiderable, eſpecially fince they have in ſome Meaſure rendered themſelves Maſters
of the Copper Mines, and of the Pitch and Tar made there, by the great Loans
they advance to the Farmers of the former, and to the Merchants of the other


4
Materials
OF THE
THE SOUND,
&c.
883
Materials fo neceſſary to Navigation, inſomuch that theſe Commodities are to be
met with almoſt as cheap at Amſterdam as Stockholm.
Strangers are permitted to deliver their Goods at Stockholm without paying any
Cuſtoms but in Proportion as they go ſelling, and may, if they find no Vent
here, reload them for another Market, on the Payment only of Half per Cent.
Duty. I have already mentioned, in the Section of this country's Trade with us,
the Merchandize we import from thence, and ſhall only add a Remark here con-
cerning Copper, whoſe Purchaſe is always made with ready Money; that it is
better effected in Winter than Summer, as in this latter Seaſon it is only to be
had at ſecond Hand, ſo that conſequently in the former it may be procured beſt
and cheapeſt.
The cultivated Lands of this Kingdom are fertile enough, though the major
Part have but little Depth ; barren Soils manured with the burnt Alhes of the
Trees that grow here often produce a very abundant Crop, without any other
Tilling or Improvement than the bare covering of the Seed. If the Inhabitants
were induſtrious beyond what mere Neceſſity forces them to, it would not be
difficult for them to raiſe a Sufficiency of Grain, at leaſt to ſupply their Wants;
but by their Miſmanagement they cannot ſubſiſt without Supplies from Livonia,
and other Parts of Germany bordering on the Baltick, which however are of no
Service to the poor People, who live diſtant from theſe commercial Reliefs, and
are obliged, in a Dearth, to grind the Grain of Beech Trees Bark, and make it
into Bread.
The Wool which their Sheep produce is extremely coarſe, and can only ſerve
to make Clothing for the Peaſants; their Horſes are ſmall, eſpecially in the
Duchy of Finland, but they are hardy, ſtrong, and vigorous; here are a Quantity
of ſavage Animals, of which the Natives hunt and eat the Bears, Elks, Deer,
&c. and take the Wolves, Foxes, wild Cats, and ſome others, for their Furs.
The principal Lakes of Sweden, are the Weter, Wener, and the Meler, which,
with many others, are not ill provided with Fiſh, ſuch as Salmons, Pikes, Perch,
Tench, Trouts, Eels, and ſeveral other Sorts unknown elſewhere; here is, above
all,
an infinitude of Streamlings, a Fith ſmaller than a Herring, which are falted
in Barrels, and diſtributed all over the Country: And beſides theſe the North-
Bottom, or the Bay that ſeparates Sweden from the Duchy of Finland, is ſo abun-
dant in Seals, that a large Quantity of Oil is extracted from them, and tranſported
to divers Places. In the Lakes of Finland, vaſt Numbers of Jacks are taken, of
which, ſome are falted, and others dried, and afterwards ſold to very good Ad-
vantage.
Among the Mines of this Kingdom there is one of Silver, which is about one
hundred and forty-five Braces deep, and yields, after great Labour and Trouble,
near the Value of twenty thouſand Crowns of fine Silver yearly, though this is
not above Four per Cent. Profit. The Profundity of the Copper Mine does not
exceed eighteen Braces; it is of very great Extent, but fubject to Damage from
Time to Time, by the falling in of the Vault, which however is not all Loſs, as
the Mineral procured from this Rubbiſh makes ſome Amends, though the De-
triment of this Occurrence is always conſiderable. The Copper that is annually
extracted from this Mine produces about two hundred thouſand French Livres,
of which the King has one fourth Part, beſides twenty-five per Cent. on all the
Ore carried away uncleanſed; and he has the Preference of all the Silver to take
it at one-fourth Part leſs than its Worth.
The Mines and Forges of Iron are here alſo very numerous, eſpecially in the
mountainous Parts, where there are commodious Water-falls to turn the Mills,
ſo that, beſides the Iron uſed in the Country, there is yearly exported for near
the Value of three hundred thouſand Livres. At Stockholm, and the Caſtle of
Jencopingh, near the Frontiers of Denmark, are large Magazines filled with this
Metal, brought from Oerbro in Nervia, as Opportunities offer, and of which they
are continually making all Sorts of Fire Arms. For what regards theſe Mines,
there is beſides the Inferior Courts, and Officers eſtabliſhed in many Places, a ge-
neral one, called the College of the Mines, which has its Seſſions, or Aſſemblies,
at Stockholm, of which the Preſident of the Treaſury is generally the Chief, af-


fifted
884
GENERAL COMMERCE OF THE WORLD,
ſiſted by a Vice-Preſident, and other Afleflors; the Laws are in this more exact
and circuinſtancial, than thoſe for any other Affairs, and Juſtice is commonly ad-
miniſtered here with a great deal of Care.
This Nation has no Settlements in America, though the Great Guftavus Adol-
phus had projected a Company for the other Indies; and his Letters Patents given
on this Occaſion, the 14th of June, 1626, are yet extant, by which he invited
his Subjects to an Engagement in it; but the Wars which rendered him fo fa-
mous, and wherein he ſacrificed his Life in the Arms of Victory, hindered the
Execution of his Scheme, which died with him, as it is not known that any
of
his Succeſſors followed it ; at leaſt it was never till lately put in Execution ;. it is
true, that in the Reign of Chriſtina his Daughter (ſo known and celebrated for
her Love of the Belles Lettres and her Abdication of the Swediſh Crown) her Suba
jects attempted fome Settlements in the Weſt-Indies, where they ſent a Colony,
and called their Eſtabliſhment New Sweden, and the City they built there Chri-
ftina; but this laſted not long, as they were driven out by the Dutch; and no
other Eſtabliſhments have been made, or Charters granted, either in Afia or Ame-
rica, till the 14th of June, 1731, when his Swediſh Majeſty founded a Company,
by Letters Patent in favour of Henry Koning, and his Aſſociates, whoſe chief
End was to commence and regulate a Navigation and Trade to certain Parts
and Places in the Eaſt-Indies, where the other Powers of Europe had not ac-
quired any Juriſdiction or particular Right of Trade. This Patent gives the ſaid
Company a Liberty to fail to, and trade in all Places beyond the Cape of Good-
Hope, where other Nations have a free Commerce, for the Space of fifteen Years,
but they are not to extend their Trade to any Port belonging to other European
Princes or States without their Leave. The Ships employed in this Trade ihall
always ſail from Gottenburg), and return there to unload; and the Company ſhall
pay the King and Crown, during the ſaid fifteen Years, a hundred Dalers Silber-
munt per Laſt, for every Veſſel they employ and load for the ſaid Traffick, ac-
cording to their Size; for which Purpoſe they ſhall be meaſured before their
Departure from Gottenburgh, and this Impoſt to be laid in Carolins in Specie, fix
Months after their Return; and the Company ſhall alſo pay for the Goods they
fhall bring from the Eaſt-Indies, two Dalers Silbermunt per Laft, 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 furniſhed there
with all the neceſſary Materials, provided ſuch Ships and Materials are to be had
there; but, if not, the Company has Liberty to procure them where moſt con-
venient; only to regard benefiting the Fabricks, Products, and Manufactures of
Sweden all poſſible. The faid Ships fhall carry the Swediſh Merchant Colours,
and be provided with Commiſſions ſigned by his Majeſty, and Paſſports from
Algiers. The Company may employ in their Trade what Funds they judge con-
venient, and raiſe them either by Subſcription, or otherwiſe, as they tnink proper;
they may alſo put aboard their Vefſels what Guns and Ammunition they ihall
want; all Sorts of Merchandize, and Products, Silver coined, or otherwiſe, except-
ing the Specie of the Country, bearing the Arms of his Majeſty and Sweden; and
in like Manner may bring back, unload, and ſell, whatever Goods they will. The
Ships not be ſtopped from failing, or hindered coming into Port on their Re-
turn on any Pretext whatſoever. The Wood and Materials which the ſaid Com-
pany ſhall tranſport from one Part of Sweden to another, or from any foreign
Place, for the Conſtruction or Refitting of their Ships, ſhall be exempt from all
Duties, as their neceſſary Proviſions and Stores ſhall be, ; provided that after their
Declaration at the Cuſtom-houſe, and put under Lock and Key at the Company's
Warehouſes, till the Time of their embarking, they pay the Cuſtom-houſe one-
eighth per Cent. Recognition. But for the Products and Fruits of Sweden, where-
with the Ships may be loaden from India, they ſhall pay the cuſtomary Duties,
according to the Tariff, as alſo thoſe of the City. The ſtopping of the Goods
brought home, on carrying from the Ships to the Magazines, or from one City
to another, is prohibited after Payment of thoſe before ſtipulated to the King.
The Captains Thall, for the Diſcipline of their Sailors and Soldiers, have the ſame
Authority as Commanders of the King's Ships, though they ſhall conform to the
Company's




I
1
OF SWITZERLAND, &c.
885
1
Company's Inſtructions in every Particular relative to their Navigation and Trade,
provided they are in nothing contradictory to this preſent Grant. None of the
Equipage of the ſaid Ship thall be forced into the King's Service, nor that of
any other whatſoever : But it is not permitted to employ other Soldiers or Sailors
who have deſerted his Majeſty's Service. They have a Faculty to arreſt (by the
Magiſtracy of the Place) all Soldiers or Sailors who ſhall have run away, before
the Tiine elapſed that they had engaged for. The Ships having delivered and
fold their homeward-bound Cargoes, the Purchaſers ſhall pay no Export, or any
other Duties, whether they ſend the Goods to ſome other Port in Sweden, or di-
rectly to a foreign one, except one-eighteenth per Cent. called Recognition. The
Direction of the Company ſhall always conſiſt of at leaſt three Perſons of Ex-
perience and Probity, who are to be either born or naturalized in Sweden, and
Reſidents there; and the ſaid Company may make ſuch Regulations as they thall
judge convenient, provided they are not contradictory to the Articles of this pre-
fent Privilege. The Company may appoint what Number of Supercargoes, Of-
ficers, Sailors, Soldiers, &c. they ſhall deem neceſſary, whether Natives or Fo-
reigners, which latter ſhall enjoy the ſame Privileges as Swediſh Subjects; or the
Stock of Strangers, or others intereſted and engaged in the ſaid Company, ſhall not
be arreſted on any Pretence whatſoever ; and his Majeſty will naturalize all ſuch
as ſhall apply for it, according to their Quality and Condition. If it happens that
the Company, or thoſe employed by them, be moleſted, ill uſed, or hindered
in their Trade by any one, or in any part of the World whatſoever, his Majeſty
grants them full Power to obtain Satisfaction, and do themſelves Juſtice by every
convenient Means, and to repulſe all Violence; regarding thoſe as Pirates and
publick Enemies who offer it, his Majeſty willing that the ſaid Power be ex-
preſsly inſerted in all the Commiſſions he ſhall ſign; and if, contrary to all ex-
pectation, the ſaid Ships ſhould be attacked or taken, his Majeſty, after having
examined the Injury done them, and found that they had in nothing acted con-
trary to the firſt Article of this Chapter, will grant them his Protection, and ſuf-
ficient Power to obtain Juſtice, and an entire Indemnity, either by Way of Re-
priſals, or in the ſpeedieſt Manner poſſible. All other Subjects are prohibited,
during the ſaid Term, to carry on any Trade to the Eaſt-Indies, on Penalty of
his Majeſty's Diſpleaſure, and Confiſcation of their Ships, Effects, &c. His Ma-
jeſty promiſes to change or augment the Privileges contained in the preſent, if it
Thall be found neceſſary, for the Promotion of the ſaid Commerce. Giyen at
Stockholm at the Senate, &c.

Of the Commerce of Switzerland and Geneva.
THE
HE Swiſs, ſo famous for their Candour, Fidelity, and Bravery, are alſo equally
celebrated for the Trade which the principal Cities of their Cantons tranſact
with Strangers. The Situation of their Country between France, Germany, and
Italy, joined to the profound Peace they have always enjoyed, and to the Fa-
cility of Tranſportation, by Means of the Rivers Rhine and Rhône that flow from
their Territories, occaſions their Traffick with thoſe States, and the Low Countries,
to be very conſiderable, eſpecially in Time of War, between the Powers who
poſſeſs them. By the Rhine, Switzerland has a Communication with the Ocean;
by the Rhône with the Mediterranean; and it may be ſaid, that it even makes
the Communication of the two Seas; ſince that of the Rhine may be gone
up as far as Seyfel, ſeven Leagues from Geneva, where the Goods embarked for
are tranſported to Yverdun, and from thence go by Water even to Hol-
land; there being a Canal of Communication between Morges and Yverdun be-
gun, and which may be finiſhed at a ſmall Expence.
Within Land, the Tranſportation of Goods from one Place to another is eaſily
performed by Means of the Rivers with which it abounds, notwithſtanding the
Mountains croſs the Country in many places.
Switzerland is in no Lack of any Commodity neceſſary to the Support of Life;
Wood, Corn, Wine, Cattle, Sheep (whoſe Wool may be employed in making
хо 9
Q
Clothing)
Morges

886
GENERAL COMMERCE OF THE WORLD.
Clothing) and Flax, are here in great Abundance; ſo that Salt in Part is their
only Want; but the Tirol, Franche-Compte, and Bavaria, are forward to furniſh
it, ſo that this Article is not an Object of Commerce, being one of the Revenues
of the State, who alone manage this Buſineſs, and ſell this Commodity at a very
moderate Price: Some Time ſince a Mine of Rock Salt was diſcovered near Aigle,
in the Canton of Berne, on the Frontiers of Valay; but this, at moſt, can only
furniſh one-third of what is neceſſary for the County of Vaud.
France furniſhes towards the general Imports of this Country, Salt from
Franche-Compte; Wine from Burgundy; Gold, Silver, and Silk Manufactures
from Lyons; and many light Woolen Stuffs, made in the Provinces bordering
on the Cantons.
It has from Germany all Sorts of Mercery, and particularly from Nuremberg,
a great Quantity of Hard Ware; and Hides from Francfort.
Italy, eſpecially Piedmont, ſends it ordinary Silks, Organzines, and Fleurets,
ſpun, unſpun, or raw. And Holland ſupplies it with Cloth, Serges, Flannels,
Calimancoes, painted Linens, Mullins, Cambricks, Cotton, Ivory, Dying and
Medicinal Drugs, Spice, Tea, Chocolate, Whalebone, Ruſia Hides, and India,
Silks.
If we examine what Switzerland imports froin foreign Parts, eſpecially from
France, it will be found that it is Luxury more than Neceſſity obliges it to
have. Recourſe there; ſo that ſome Cantons, convinced of this Truth, and per-
fuaded that good Magiſtrates ought to endeavour as much as is dependent on them
to eradicate this Vice, have enacted ſumptuary Laws, prohibiting Jewels, and the
Uſe of all Gold and Silver in their Furniture, or in their Clothes; Silks of an
exceſſive Price, and even the Entry of foreign Wine, is very ſeverely forbidden
in the Canton of Berne, which Laws are regarded as a Means to hinder the Coin
from going out of the Country,
The Commodities which either the Growth or Manufactures of Switzerland
produce, are various, according to the different Genius of the Natives in their
reſpective Situations, which I ſhall deſcribe, and begin firſt with Zurick, Capital
of the chief Canton, which is ſeated on a fine Lake very abundant in Fiſh, from
whence the Limmat flows, that divides the City into two Parts, whoſe Communica-
tion is by two fine Wooden Bridges. Although Zurick has but few Bailiages,
it is one of the richeſt Cantons, by the Trade and Fabricks which its Inhabitants
have attracted and ſet up among them, and which have flouriſhed beyond their
moſt fanguine Expectation. It is certain, that the Zurickers have a Genius that
qualifies them for Imitation, and the Peaſants a Patience and Attachment to La-
bour, which aſſiſts them marvellouſly in it; and as they work cheap, it is a con-
fiderable Advantage to thein, and recommends their Goods to a ready Sale: Thus,
though the Merchant and Artificer gain but little, Zurick poffeffes great Riches,
a plain Indication of the good Effects that Manufactures, and Diligence in them,
produce.
Commerce is, properly ſpeaking, the Buſineſs of Zurick, the particular Object
of its Induſtry, and the deterinined ruling Taſte; the moſt conſiderable Men of
the City do not diſdain to intereſt themſelves in Trade, but apply to it with the
ſame Diligence as the inferior Citizens, and their great Riches never renders
their Affiduity, Patience, and neceſſary Labour, to augment their Manufactures,
and perfect their Works, irkſome; this is what makes their Republick flouriſh,
and that has raiſed it to the Degree of Power it at preſent poſſeſſes.
The Silks and Organzines which the Zurickers buy yearly in the Trentin, Italy,
and Piedmont, to twiſt or throw, employ a great many people, and the Sale which
they afterwards have for them in England, France, Holland, and elſewhere, is
very conſiderable; they alſo employ great Quantities of Silk in their own Manu-
factures, wrought ſeparately in ſeveral Stuffs, Handkerchiefs, Crapes, &c. mixed
with Worſted, Cotton, Thread, or Ferret ; large Parcels of Cotton are alſo ſpun
here, for the aforeſaid Fabricks; Cotton Linen is made for Printing,
Stockings and Handkerchiefs of the fame Material, the fineſt being wrought
into Mullins ; and towards the End of the laſt Century, the Art of drawing Gold
and Silver Wire was introduced here,



as are
4
Winterthour
OF SWITZERLAND, &c.
887
Winterthour is a privileged City of the aforeſaid Canton, whoſe various Manu-
factures have brought it into great Reputation and Trade ; here are made Mullins,
Cravats, Handkerchiefs, Cotton Cloth, Woolen Crapes, Callimancoes, Sattins,
Damaſks, and Camlets, in Imitation of the Engliſh. The Cotton is ſpun here,
where they alſo dye well.
Zurzach is rendered noted for its two Fairs held here at Pentecoſt and St.
Verena (at the End of Auguft) which attract a great Number of Merchants from
divers Countries : And
Schaff houſe is the twelfth Canton, and the Staple for Steel, Copper, Lattin
Wire in Rolls and Bands, which the Swiſs get from Stiria, Salzbourg, Hun-
gary, &c. many Things are caſt here, and a Variety of Works eſtabliſhed, of
Buttons, Trimmings for Bridles, Coach Harneſſes, and Cottons printed; though
its Trade is very different from that of Zurich, except in the aforeſaid Articles,
as it furniſhes but little to the other Cantons. It is not large, but the Soil very
good and fertile in Wheat and Fruits, abundant in Paſturage, and produces ex-
cellent Wines.
Berne; for to give ſome Idea of the Trade of this City and Canton, which is
the biggeſt of all, it will not be improper to repreſent to my Reader its Fertility
in Grain, Wine, Paſturage, Rock Salt, and Iron Mines.
The Commerce of Horſes and other Cattle, brings in here large Sums of
Money: That of Grain is a principal Article: The White Wines of the Coaſt and
the Vaud are very much eſteemed; of which the Cantons of Fribourg, and So-
leure, conſume a great deal. Its Manufactures conſiſt in the ſpinning of Silk Fer-
ret, which employs more than four thouſand Perſons; in Linens and Hempen
Cloths of all sorts, Dimities, Cotton Cloth for printing, Silk Stuffs, and others
with Silk and Cotton, Flannels, Cotton and Wool, Cotton and Thread, Silk,
Worſted, Cotton, and Thread Stockings, Ferrets, Tapes, and Fine Paper. The
greateſt Part of theſe Manufactures owe their Eſtabliſhment to the French, who
in the Capital found an Aſylum from their Perſecution, and Succours beyond their
Hopes. The Ferret and Thread find a Vent in France, Germany, and other
Parts of Switzerland; the Linens and Table-cloths (of which here is made a
prodigious Quantity) fell in England, France, Spain, and America; theſe being the
fineſt and beſt of any wrought in all the Cantons. The Dimities are very like
thoſe of Holland and Flanders; many of the Cotton Cloths are printed in ſeveral
Fabricks, as well in the City, as other Places of the Canton, and the Reſt are
ſold for the ſame Uſe to Geneva, Neufchatel, Morat, and Bale.
The Stocking Weavers get their Wools from Leipzig, which they have ſpun
in the Manner as to make Stockings of two, three, and four Threads, ſold chiefly
in Italy, where their Beauty and Goodneſs has brought this Fabrick into great
Efteem. The Silks manufactured here ſerve principally for the Conſumption of
the Cantons, among whom it ſtands the ſecond in Rank, though in Bigneſs it
is one-third of the whole. It has many conſiderable Towns and Places ſubject
to it, where divers Manufactures are eſtabliſhed, or ſome Trade carried on; the
Chief of which I ſhall juſt mention.
Bourgdorff is a Town engaged in a pretty conſiderable Traffick with Linen,
Thread, and Hemp. Its Markets are frequent, and it abounds in Whitſters,
having beſides ſeveral good Fabricks of Cutlery Ware.
Langtall, is a large Village, famous for its Sales of Linens, Thread, Hemp, and
Flax.
The Swiſs Merchants make very conſiderable Purchaſes here of Linens (as
they
come out of the Looms) Tape and Laces.
Araci, a fine Town feated on the Aar, has ſome Manufactures of Worſted
Sattins, and Camlets, knit Stockings, Cotton Handkerchiefs, Cutlery Ware, and
Horn Combs. Hides and Skins are alſo prepared here for various Uſes; and its
Neighbourhood furniſhes a Quantity of Hempen and Cotton Cloth.
Lintzbourg, a Town in the Neighbourhood of Arau, is ſituated on a little River,
and has a Manufactory for printing Linens; Cotton is ſpun here, and a large
Quantity of Cloth made of that Commodity in this Bailiwick, which is one of
the richeſt, and the moſt conſiderable in the Canton; where is alſo a Fabrick of
Hats, and Woolen knit Stockings.
Zoffingue


888
GENERAL COMMERCE OF THE WORLD.
Zofingue is a tolerable large Town, with many Privileges, and furniſhes Trade
with ſeveral Articles from its Fabricks, ſuch as Flannels, Silk Ribbons, and Fera
rets, various Sorts of Cloth made with Cotton and Wool, ſeparate and mixed;
Cutlery Ware; and here are alſo very good Linen Printers and Dyers.
Bruck, a Town on the Aar, is one of the great Paſſes for Goods both by Land
and Water; the River here is very deep, and ſhut in above the Town among
Rocks, that renders its Courſe extremely rapid, forming an Elbow called the Fall
of Bruck, which was formerly eſteemed very dangerous, but now the Boatmen
do not regard it as ſuch: In the Town and Neighbourhood ſome Woolen
Stockings are knit, and here are alſo ſeveral Looms for weaving them.
Beſides the Towns dependent on Bern afore-mentioned, ſeated in the Country
of Allemand, there are others in the Country of Vaud; the moſt noted of which
I ſhall now add.
Lauſanne, the capital Place of the Vaudois, near the Lake Leman, is more
celebrated for the Nobility who reſide here, and for the Learned, who have
adorned and ſtill adorn its Academy, than for the Extent of its Trade. There
are but few Parts, that in equal Limits encloſe ſo much Gentry: And Commerce
would flouriſh here, as it is one of the fineſt and moſt fertile Countries in Europe,
if the Nobility had not imbibed the falſe Notion, of its being derogatory to their
Honour.
At this Place, however, are made ſome Ratines, wove Stockings, fine Earthen
and Delft Ware; but above all the Bookſellers Trade, and Printers Art, flouriſhes
here in a great Degree, and is daily improved.
Ouchy, on the Borders of the Lake, half a League from Lauſanne, and which
ſerves for its Port, is the Landing Place for Goods coming from Milan and Valais,
by Vevay. Here are Halls built purely for the Reception of Merchandize, which
may alſo be brought here from Geneva, if deſtined for Switzerland.
Vevay, a pleaſant Town, feated on the Lake Leman, half a League from the
Alps, `maintains an extenſive Commerce with Valois, Savoy, Piedmont, and the
Milaneſe, from whence it gets a good deal of Rice. This is the Staple of the
Merchandizes that come from thoſe Countries, or that Switzerland ſends thither;
here is a Fabrick of Hats, Woolen Stockings, and ſome Works of Horology. Its
Fairs are very frequent by the Reſort of Savoyers, Valaiſans, and Montagnards,
and are above all conſiderable for the Sale of Cheeſe, from whence Geneva and
Lyons are partly ſupplied. Vevay is at preſent rich and populous, and its Inha-
bitants enjoy the Franchiſe in France granted to the Swiſs Nation : In its Neigh-
bourhood are Quarries of fine Marble, and they have eſtabliſhed there Water
Saws, which greatly facilitate the Works, ſo that fix may operate at the ſame
Time on one Block, which has put the Undertakers in a Condition to furniſh very
cheap Marble, for inlaying Porticoes and Halls, according to the modern Taſte,
and alſo to compoſe Chimney Pieces, &c. which they do in a very grand Man-
ner.
Morges, a Town alſo ſituated on the Borders of the ſaid Lake, two Leagues
from Lauſanne, is well built, and has a good incloſed Port. This is the Recep-
tacle of Goods from divers Countries, that arrive here by Water and Land; the
Genevan Barks tranſport here weekly the Merchandize that the Swiſs get from
Italy, Piedmont, Savoy, Dauphiny, Lyons, Languedoc, Provence, and Bourdeaux
(by the Canal of Languedoc) and reload thoſe which are arrived from England,
Holland, the North, Germany, and Switzerland, deſtined for Geneva, Piedmont,
Italy, Spain, and the Southern Provinces of France,
Nyon, built in the fame Manner as the two preceding Places on the Banks of
the Lake Leman, is a great Paſs for Goods that this Town, Valais, and the Mi-
laneſe, export from
ſeveral Provinces of France. Its Soil is as proper for Vines,
as that part of the Country of Vaud, bordering on the ſaid Lake, which produce
thoſe good Wines on the Coaſt and Vaud, that are ſo much eſteemed; of which
the Trade of theſe latter in Switzerland, and thoſe of the Coaſt in foreign Coun-
tries is
very conſiderable.
Copet
, a ſmall Town two Leagues from Geneva, is noted for Clockwork, and
its large Fiſhery
Yverdon,

OF SWITZERLAND, & C.
889
Yverdon, a very agreeable Town, on the weſtern Extremity of the Lake of
Neufchatel, is a confiderable Staple, or Depoſit for Wine, Salt from Roche and
Savoy, and other Merchandize, for whoſe Reception here are large Halls built,
which ſerve for no other Purpoſe. Its chief Trade however is that of Wine, and
Delft Ware made here.
Avenches,
on a Hill near the Lake Morat, was the Capital of the Country of
the Helvetians; it has a moſt delightful Situation, and here are found ſome good
Remains of Antiquity. It is a great Paſs, and ſome Years fince, the Natives
have made ſome Plantations of Tobacco, which, with thoſe of Payerne, and its
Neighbourhood, very near furniſh a Sufficiency for the Canton's Conſumption,
and produce a conſiderable Revenue to the Inhabitants, whoſe Soil being very
fertile, is likewiſe abundant in Grain and Fruits.
Payerne, a Town of the Country of Vaud, ſeated on the Broie, between Avenches
and Moudon, is a very large Paſs. Its Territory is very fertile in Grain and Fruits,
and here are fine Plantations of Tobacco, out of which the Inhabitants prepare
the Rappee, after the Secret of Clerac, which is in Eſteem both at Home and
Abroad. 290b bas
Moudon is an ancient Town built on the aforeſaid River Broie, fruitful in Corn,
and a very confiderable Paſs for Merchandize by Land.
Morat, ſituated on the Lake of the fame Name, is the Staple for all the Wine
of the Country of Vaud, ſent to Berne, and a great Paſs for Goods, both by Land
and Water. Linens are printed here, and the Town is dependent on Berne and
Fribourg
Granfon, feated on the Borders of the Lake of Neufchatel, at a League from
Yverdon, is alſo under the Dominion of Berne and Fribourg, and is the Staple of
Salt from Franche-Compte for Switzerland, in whoſe Neighbourhood is a good
Paper Fabrick at a Place called La Mothe.
• Lucerne is a Town built to the North of the Lake, at the Part where the Ruſs
iſſues, which enters the Aar, below Bruck, in its way to the Rhine ; here are
divers Manufactories of Hempen, Flaxen, and Cotton Cloths, Fuſtians, Cotelines,
Woolen knit Stockings, and Ipinning of Cotton throughout all the Canton, which
abounds in Grain and Paſturage. It alſo breeds large Herds of Cattle, with which
the Natives drive a great Trade, as they do in Cheeſe for the Milaneſe, from
whence the Swiſs receive in Return large Parcels of Rice.
This Town has an advantageous and convenient Situation, as being on the
grand Rout to Italy, by Way of Monte St. Godard. And the Goods which have
croſſed the Alps are tranſported from hence, by the Lake and River Ruſs, to the
Rhine, which conveys them to the Ocean. The ſmall Cantons that want Corn,
provide themſelves here with great Facility, the Lake walhing thoſe of Uri,
Schwitz, and Underwald.
Uri is a Canton in the Vallies of the high Alps, and abounds in excellent Paſ-
tures; its principal Revenue conſiſts in Cattle, and its Cheeſe finds a ready Sale in
Lombardy. At Altorf, a chief Borough of the Canton, is eſtabliſhed a Fabrick
for cutting and poliſhing Cryſtal, of which here are very fine Mines, and the
Canton produces ſeveral Sorts of Linen for various Uſes.
Schwitz; in this Canton are made Linens of Hemp and Flax, but Cattle and
Cheeſe are the two great Branches of their Trade.
Underwald has a Revenue and Trade ſimilar to the laſt mentioned, with the
Addition, that here the Natives fpin the Thread they uſe in manufacturing their
Zug is one of the moſt agreeable of the ſmall Cantons, and its principal City
with the ſame Name is well built, ſtanding on the Lake called allo Zug. The
Country produces Corn, Wine, a great many Cheſnuts, and has excellent Paſ-
tures; beſides which here are Manufactures of Linen and Woolen Stuffs.
Glaris, the capital Town of the Canton, furniſhes green Cheeſes, renowned for
their Goodneſs and Medicinal Virtues, given them by a certain inſerted Herb,
which alſo produces their Colour, and they are called by the Inhabitants Schabzi-
guer; Its Slate Quarries are reputed the fineſt in Europe, and furniſh the Tops of
Tables of a ſurprifing Bigneſs. This Canton is rich in Cattle, and the Inhabitants
very laborious; here is a great deal of Cotton ſpun; Part fold, and the Remainder
employed


Linen.
IQ R
890
GENERAL COMMERCE OF THE WORLD.
employed in the Manufactures of Switzerland; and ſome Linens and Stuffs are
made here according to the Cuſtom of the Country.
Baſil is a City built on the Rhine, which divides it into two unequal Parts;
it is one of the moſt conſiderable of Switzerland, although properly out of it,
and drives a Trade unequalled by any in that country. Its Situation procures it
the Paſſage of the Goods that come from England, Holland, the North, and Ger-
many for the Cantons and Geneva, and for thoſe which the Swiſs and Genevans
fend to thoſe Countries; the Trade of the Wools of Germany and Poland; that
of Cloth and other Stuffs, Drugs and Spiceries, Metals and Furs, is very con-
fiderable here, as are the Engagements in Exchanges : The Activity and Pene-
tration of its Inhabitants have long ſince rendered it noted for Trade, particu-
larly for Linens, whoſe Fabricks are in a flouriſhing Condition. It has alſo ſeve-
sal Manufactures of flowered Ribbons, which employ a great Number of Work-
men, and are ſpread through Germany, Sileſia, Hungary, and Bohemia. The Fa-
bricks of wove Stockings, Silk ditto, and worſted, fet a great Number of Looms
to Work, whoſe Products are ſent very diſtant to be diſpoſed of. The Manu-
facture in imitation of Chintz is brought to great Perfection, and does not only
fupply the neighbouring Merchants, but many others much farther off. The
Paper of this City has been long noted for its Goodneſs; and here are Letter,
Founders, not only of the Characters of the living Languages, but alſo of Greek
and all the Oriental Tongues, which are uſed all over Switzerland, in France,
Germany, and elſewhere; Printing is likewiſe a conſiderable Part of the Buſineſs
of the Inhabitants, among whom are alſo found Gold-Beaters, very expert in
their Art; Fabricks of Tobacco, excellent Dyers, both of Silk and Wool,
Whitſters, &c.
St. Gall is a fine large City feated two Leagues from the Lake Conſtance, in a
narrow barren Valley, whoſe Soil produces nothing but Graſs, notwithſtanding
which, moſt of the Inhabitants are rich, at leaſt very few of them ftraitened
in their Circumſtances; their Wealth flowing in with their great Trade, which
chiefly conſiſts in Linen, whoſe Conſumption is very extraordinary all over Swit-
zerland, and abroad. This Buſineſs is ſo conſiderable as to place the Weavers in
fome Reſpects on a Level with the Nobility; as they with the Gentry make the
firſt of the twelve Tribes, of which this City is compoſed. The Manufactures of
Woolen Stuffs are here alſo in a flouriſhing Condition; befides which, this City
being ſo near the afore-mentioned Lake, and on the Road from Germany to Italy,
it ſerves as a Channel of Communication between them; and its Halls are the
Warehouſes for Goods that go and come.
Fribourg is a pretty large City, and Capital of the Canton bearing the ſame
Name, ſeated on the River Sane. Its Factories are extenſive, and the Country
very fine, being, next to Lucerne, the moſt powerful of the Roman Catholick
Cantons; the Goodneſs of its Paſtures, and the Fertility of its Soil, yield a very
conſiderable Income to the Inhabitants, whereby they are placed at Eaſe, and are
not fo laborious as their Neighbours ; ſo that, with the Exception of the Cheeſe
Trade, they bring little to it, beſides a few Hempen Linens, and ſome Hats made
here. There is a Fabrick of Paper in the Neighbourhood, and a Printing-Office
in the City.
an
Gruiere, is a ſmall Town in the Canton of Fribourg, noted for its excellent
Cheeſes in all Europe ; apd of which the Trade is ſo very conſiderable, as to in-
duce ſeveral Merchants of this Canton to ſettle Houſes at Lyons, for negociating
their Sales.
Soleurre, the capital City of the Canton with the fame Name, has very fine
Fortifications, and is ſeated in a Country extremely pleaſant; the Aar dividing
the City into two unequal Parts. It ſerves as a Depoſit for the Goods imported
to Switzerland, by Way of Schaff houſe and Bafil, and which are loaded for Yver-
don by the Lake of Bienne. At Olten, a ſmall Town on the Aar, and dependent
on Soleurre, beſides other parts of the Canton, are made a Quantity of Woolen
knit Stockings, and ſome Hats, and Cutlery Ware.
Apenzel is the principal Town of the Canton named therefrom, which is very
rich'in Meadows and Paſturage, fitly adapted to the Breeding of many Cattle, in
which this Territory abounds ; they alſo grow here a great deal of Hemp and
4
Flax,




OF SW I T Ž E RL Å N D &c.
891
The chief Fabricks of the Country are printed Cotton (in Imitation of Chintz)
Flax, which ſerves the Inhabitants for a Winter's Employ in making Linens,
ſold afterwards at St. Gall, but little diſtant therefrom.
Bienne, a Town ſituated at ſome Diſtance above the Lake of this Name, between
Soleurre and Neufchatel, dependent on the Biſhop of Bafl, carries on a great
Trade in Deal Boards, commonly twenty-two or twenty-four Feet long, as alſo
in other Wood for Building ; here are alſo made Variety of Ribbons and Ferrets,
and it has good Tanneries, and fine Earth for Delft Ware.
Porentree, a City and Caſtle ſerving for the Reſidence of the Biſhop of Bafil,
where is made fine Earthen Ware, Gloves, and Woolen Stockings knit and
milled.
Mulhaufin is built on the River Ill, five Leagues from Bafl, and allied with
the Swifs. It is ſeated in a very fertile Plain; abundant in Grain and Wine, hav-
ing more than fixty Manufactures of Cloth and Druggets ; here is alſo made a
Quantity of Woolen knit and coarſe Silk wove Stockings, and Blankets; beſides
which, the Place affords very good Dyers and Tanners, who have fufficient Oc-
cupation in their different Employs.
Neufchatel
, is a Swiſs City, Capital of the Principality of this Name; it is ſeated
on the Borders of a Lake, which communicates with thoſe of Morat and Bienne,
and diſcharges itſelf that Way into the Aar and the Rhine, which extremely fa-
cilitates its Trade, not only with the Reſt of Switzerland, but alſo with Germany
and Holland, for which Places Veſſels depart twice a Year with Goods and Paſ-
ſengers; it is a very pleaſant Voyage, and is generally performed in fifteen Days.
All the Subjects of this Sovereignty are exempt from Tolls, Impoſts, and other
Duties, as well for the Goods they bring in, as thoſe they export on their own
Accounts ; neither are they obliged to declare the Contents of their Bales, or Caſes,
at entering or going out when the Merchandize belongs to them.
Here are
three free Fairs in the Year, at which the Merchants pay no Cuſtoms on Imports,
and but a Trifle on Extracts. Their Trade is pretty extenſive, and here are Ma-
gazines, where Traders of the neighbouring Places may purchaſe the various
Commodities from India, England, Holland, France, and Germany, at reaſon-
able Prices.



puſhed to a great Degree of Perfection, the Beauty and Vivacity of the Colours,
equalling thoſe of the beſt Apatick Performances; here are alſo manufactured
Thread and Cotton Stockings, of which a great Conſumption is made in Italy,
France, Spain, Portugal, the American Iſles, and even in Holland, notwithſtand-
ing the fine Fabricks of Harlem, the Dutch Merchants having diſtinguiſhed the
Goodneſs of the Thread and Work, beſides a conſiderable Difference in Price.
The Glovers Trade has been long in Repute, and the Thread is fpun finer here
than in Holland, to above the Value of forty-five Shillings Sterling per Pound Dif-
ference. The Manufacture of Lace is ſpread through the whole Canton; the
common Sort are wrought in great Quantities in the Mountains, and a prodigious
Sale is made of them abroad; in the City, the Perfection of this Commodity is
puſhed to a Degree of Equality with thoſe of Flanders for Beauty, and to ſurpaſs
them a great deal in Quality; here are alſo made Linens and Tapes, and the Cha-
mois of Neufchatel is in great Efteem, it being ſent to Italy, France, and Germany.
The Village of Serrieres, dependent on this City, and which on Account of
its Proximity might be regarded as one of its Suburbs, is conſiderable for the
many Wheels which the little River bearing its Name turns, without ever hava
ing the leaſt Interruption from the rougheſt Winters or drieſt Summers, among
which are grinding Mills, Saws, Poliſhers, Forges, Founderies, and Battery Works,
for Copper, Iron, and Paper ; here are alſo made Variety of Hard-ware, but the
Iron Wire and Cards of this place are (above all) in great Eſteem.
The Medicinal and Vulnerary Herbs found here in great Abundance, its vaft
Herds of Cattle and Plenty of Corn and Wine, with every other Neceſſary of
Life, proclaims the Fertility of the Country, in which a Reſidence is rendered
fill more agreeable by the Wholeſomeneſs of the Laws, which ſecures the Pro-
perty and Liberty of the Subject.

892
GENERAL COMMERCE OF THE WORLD.
TH
Of GENEVA.
HIS City is celebrated for its Antiquity, for its advantageous Situation, for
the Number of its Inhabitants, and particularly for its great Trade, which
however was yet much more conſiderable before the Removal of its Fairs to
Lyons. It is feated in one of the moſt delightful Countries of Europe, at the Ex-
tremity of the Lake bearing its Name; and which facilitates a Commerce, that
the Induſtry of its Inhabitants has rendered very extenſive. In Reſpect to whoſe
interior Part, this City may (with proper Limitations) be regarded as one of the
Storehouſes of France, a Part of Germany, Switzerland, Piedmont, and Italy, which
Countries it ſupplies with all Sorts of Linens, Mullins, Chintz, Drugs, Spice, Eng-
liſh, French, and Dutch Cloths, Porcelaines, Tea, Hard-Ware from Germany and
Foreſt, Scythes, Sickles, Iron and Lattin Wire, Gold and Silver Galloons and
Laces, Stockings, Hats, Jewels true and falſe, all Sorts of Clockwork, Variety
of Files, Steel of its own Growth and from Germany, Tin, wrought Copper,
and Books on all Subjects.
Independent of which Traffick, the diligent Inhabitants have carried it to the
moſt remote Countries, by intereſting themſelves in Voyages to America, and the
Iles; but I ſhall add a ſhort Detail of what I have ſaid above of their Products
aná Manufactures, as due to a City numbered among the moſt celebrated ones of
Europe.
Its Territories, though they are not the moſt fertile, do nevertheleſs yield ex-
cellent Corn, and Wine both white and red of good Quality ; it has alſo Pa-
ſtures ſufficient for the breeding and Support of its Cattle; and the Rhofne furniſhes
it with Trout, of which ſome of above thirty Pounds Weight are exported, and
carried even as far as Paris.
Horologery is however the moſt conſiderable Manufacture, which alone eaſily
ſubliſts near a quarter Part of the Men, Women, and Children dwelling here,
who are all profitably employed in the different Branches of this Art, and have
brought it to ſuch Perfection, as to yield, I believe, only to England in it.
Gilding is alſo in a flouriſhing Condition here, where Silver Wire is drawn
Gilt, as alſo with the deceitful Appearance of its being ſo made only by ſmoak-
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 are ſent into
Germany, Italy, Portugal, Spain, and from thence to the Indies.
Another very conſiderable Fabrick is that of painted Linens, in Imitation of
thoſe performed by the Engliſh and Dutch; which for Beauty of Deſign, and
Vivacity of Colours, are only inferior to thoſe of the ſaid two Nations.
The Bibliothecal and Printing Buſineſs is alſo very great here, and a material
Object of Trade, as the Liberty of the Preſs extends to all Sorts of Works, pro-
vided they contain nothing againſt Religion in general, Princes, and good Morals,
ſo that no objection is made againſt Printing the Writings of the Romaniſts againſt
Proteſtantiſm. but it is performed with the greateſt Exactneſs and Fidelity; and
beſides the Books printed here, the Libraries are aſſorted with all thoſe that
daily appear in France, Italy, Holland, and Germany.
There is no Place of its Size, where more Jewels are compoſed, both true and
falſe, than here ; and in general there reigns in this Sort of Work ſo good a
Taſte, that Trade, which it attracts, cannot but engage the ingenious Artiſt,
to maintain the Reputation he has already acquired.
The Fabrick of Silk Stockings goes improving, and is got into ſome Reputa-
tion, as is that of Velvets; and I thould do Injuſtice to the Arts, and thoſe who
exerciſe them, ſhould I paſs them over in Silence, as here are Machiniſts, Engra-
vers, Deſigners, and Mathematical Inſtrument Makers, who practiſe all theſe Em-
ploys with
Succeſs and Credit; not
forgetting thoſe celebrated Medalliſts (Meſirs.
Dafier) who will tranſmit to lateſt Poſterity the Delicacy and Grandeur of their
excellent Burin.
I ſhall finish this Article with the Deſcription of two Manufactures lately eſta-
bliſhed in the Country of Dardagny, dependent on the. Sovereignty of Geneva.
Of which the firſt is a Fabrick of Steel in Bars of any Size, that equals in Qua-



lity
5
OF WEIGHTS, &C. .
893
lity moſt others made elſewhere, and which has for Offspring a Manufacture of
Files and Raſps of all Sorts and Sizes.
The other is a Fabrick of Copper, producing all Affortments that can be de-
fired in this Commodity, ſuch as Bands, Cups of all Sizes, Plates, Chaldrons, and
an Alloy of Metals for all Uſes, and this on cheaper Terms than elſewhere.
The Correſpondence between the Merchants of this City and thoſe of Mar-
Seilles and Amſierdam, and the little Way there is by Land, for the Tranſporta-
tion of their Goeds to the Rhine and Rhojne, facilitates that of the two Seas, ſo
that there is hardly a Place, howſoever diſtant, where the other Nations of
Europe ſend their Ships, that ſome of the Genevans are not ſeen as Partners, or
Principals in the Voyage.
While the Independency of this. Republic was maintained, its Trade conti-
nued in a flouriſhing Condition, but ſince its Connection with the Court of Ver-
failles, the French, under the Title of Guardians of the Peace of the Republick,
interfere in their Civil Government, and occaſion Parties in it, which threaten
Diffolution. In the Moment of writing this Article, conſiderable Emigrations
of their moſt ſkilful Artiſts are taking place, and Ireland is the Kingdom likely
to be benefited by this Revolution.

An Account of the Weights, Measures, and Coins,
in all parts of Europe.
TH
HE Weights in common Uſe throughout Great-Britain, are Troy and
Avoirdupois; the former conſiſting of Grains, Pennyweights, Ounces, and
Pounds, whereof f 24 Grains make a Pennyweight, 20 Pennyweights an Ounce,
and 12 Ounces a Pound, by which Bread (in Corporation Towns only) Gold,
Silver, and Apothecaries Medicines are weighed; and to this Weight Corn Mea-
ſures are reduceable, as 8lb. Troy makes a Gallon, 161b. a Peck, and conſe-
quently 641b. a Buſhel; Liquid Meaſures are alſo dependent on it, as their Con-
cavities correſpond in their different Sizes thereto, from a Pint conſiſting of 12
Ounces (or a Pound) up to a Ton, containing 252 Gallons, and weighing 20161b.
or 1890lb. Avoirdupois ; 2 Pints make a Quart, 4 Quarts a Gallon (containing
231 Cubical Inches) 63 Gallons a Hogſhead, 42 a Tierce, 126 a Pipe, and 252 a
Ton of Brandy, Cider, Wine, &c.
Refiners and Jewellers alſo make Uſe of this Weight in Part; the former call-
ing their ſmalleſt Fractions Blanks, of which 24 make a Perit, 20 Perits a Droite,
20 Droites a Mite, 20 Mites a Grain, and then as above. The Jewellers divide
the Ounce into 152 Parts or Carats, and theſe into Grains, whereof four make
a Carat.
By Avoirdupois Weight, all Groſs Goods and Baſe Metals are weighed, ſuch
as Grocery, Reſin, Pitch, Tallow, Soap, Butter, Cheeſe, Iron, Lead, Copper, 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 112
Pound, and 20 hundred
hundred Weight or 2240 Pound a Ton; but beſides this hun-
dred Weight there is another called the Stannery Hundred, by which Tin, &c.
is weighed to the King. The Avoirdupois Ounce is lighter than the Troy Ounce,
by near a twelfth Part, 51 Ounces Troy being equal to 56 Avoirdupois; but the
Avoirdupois Pound is heavier than the Troy, 17 Pound of this latter being equal
to 14 Pound of the other.
Wool is generally ſold 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 Laſt.
Lead is bought by the Fodder, which at London, Newcaſtle, &c. weighs 191
Hundred Weight of 112 Pounds ; but at Hull 19: Stannery Hundred of 120
Pounds ; and at Cheſter, &c. it is ſtill different.
5
In

IO S
GENERAL COMMERCE OF THE WORLD.
894

In Eſex, Butter and Cheeſe are 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 336
Pounds are allowed to the Wey. Of Butter a Firkin muft weigh 56 Pounds,
and that of Soap 60 Pounds, and 4 Firkins of either make a Barrel.
A Stone of Beef at London is 8 Pounds, but in the Country it is commonly 14
Pounds; Horſe-Racers alſo reckon 14 Pounds to the Stone; and it is the ſame with
Iron, Shot, or Wool, double the Quantity of Iron and Shot being called a Quarter,
though a Stone of Sugar, Cinnamon, Nutmegs, Pepper or Allum, is but 137
Pound.
A Faggot of Steel is 120 Pound, and a Burden of Gad Steel 180 Pounds.
A Barrel of Gunpowder is 100 Pound, and 24 Barrels make a Laſt.
A Seam of Glaſs is 24 Stone (of 5 Pounds each) or 120 Pounds.
A Truſs of Hay 56 Pounds, and a Load or Ton of it 36 Truffes.
Raw Silk is ſold here by the Pound of 24 Ounces, or more properly one Pound
and a half Avoirdupois; but Organzines, Trames, &c. by the common Pound of
16 Ounces.
In France, Holland, and moſt other Places of Europe, the Pound is termed
Mark Weight, by reaſon that 2 Marks of 8 Ounces compoſe it, ſo that in all
Places where this Pound is uſed, it conſiſts of 16 Ounces, as with us; and as
moſt Authors who have calculated the Correſpondency of theſe different Weights
have taken thoſe of Paris for a Standard, I ſhall follow their Example, as it is
eaſy to reduce any not mentioned in the following Table by the Rule of Three,
and I ſhall only take Notice of ſuch as are not inſerted therein; or that make Uſe
of more Weights than one.
Coningsberg reckon their Weights by Schipponds, conſiſting of 400lb. divided
into 10 Steens of 40lb. each, ioolb. of Paris makes 125lb. of Coningsberg, and
100lb. of Coningsberg makes Solb of Paris, ſo that the French Hundred of Salt
yields near 10 Lafts (which is little more than 40,000lb.) at this place.
Dantzick's Schippond conſiſts of 320lb. containing 20 Liefpond of 161b. each,
of which toolb. makes 88 lb. at Paris; and on the contrary, 100lb of this laft
City makes 1121b. at Dantzick. The Hundred of French Salt produces in
to 12 Dantzick Lafts (the Laſt of that Salt being 18 Ton) though the Laſt of
this Commodity from Lunenbourg and Haran is only 12 Tons.
Elbing's Weights are the ſame with thoſe of Dantzick.
Stetin's Schippond contains 180, and its Pierre 21lb. the i solb. making 100l.
of Paris. The Hundred of Salt from France yields here 10 Laſts.
Lubeck, the Schippond here is 300lb, divided into 20 Liefponds of 15lb. each;
and 100lb. of this place makes 957 lb. of Paris, and 100lb. of Paris 105lb. of
Lubeck.
Breſlaw, soolb. of this place makes Solb. at Paris, and 100lb. Pariſian makes
his place makes 95:15
. of Pa
a robooth. Pariban
I 25lb. here.
ne that 100lb.
Bremen's roolb. is reckoned equal to 971b. of Paris, and 100lb. of Paris
is eſteemned 1o3lb. of Bremen.
Naumbourgh make Uſe of the ſame Weights as Leipfik, calculated in the Table.
Erfort computes roolb. to equal 921b. of Paris, and that roolb. of Paris
makes 108b. here.
Bergne, the roolb. here is computed to make golb of Paris, and the 100lb.
of Paris to make ruilb. of theſe.
Cologne's 1oolb. makes 961b, at Paris, and toolb. of Paris is equal to 1041b.
here.
Ghent,
Bruſſels,
correſpond exactly in Weights with Antwerp.
Malines,
Bruges,
Lije, 100lb. of this Place makes 8831b. of Paris, and 100lb, of Paris makes
1141b. here.
St. Malo is commonly ſuppoſed to have its Weights equal with thoſe of Paris,
though by ſome reckoned to be 2 per Cent. leſs.
Bayonne
for
me reckoned to be a
&c.
895
1
145 lb,
153 lb.
100 Rotoli, Great Weight} make a Trifle leſs than | 141-1b.
59 lb
OF WEIGHTS,
Bayone had its Weights equal to thoſe of Paris; and at Lyons two Sorts of
Weights are in Uſe; thoſe of the City, by which all Species of Groſs Goods are
fold and whoſe Pound, conſiſting of 16 Ounces, only makes 14 Ounces Mark
Weight; the other for Silk only, containing 15 Ounces the Mark, ſo that 100lb.
of Silk makes 1081b. City Weight,
Genoa, this City has five Sorts of Weights, the firſt called the Great Weight,
uſed in the Cuſtom-houſe; the ſecond Caſh Weights, for Plate and Coin ; the third
Cantaro, or the common Quintal, by which are weighed Groſs Goods that are
fold; the fourth called the Great Balance, by which Raw Silks are weighed; and
the fifth is called the Small Balance, that ſerves for weighing fine Goods.
906 Rotoli or Pounds, Great Weight
100 Rotoli
Caſh Weight
100 Rotoli
Common Weight make soolb. of Paris.
Great Balance
Small Balance
Rome, 100lb of this City, makes within a Trifle 7131b. at Paris, and toolb.
of Paris make 140lb. of Rome.
At Leghorn, they make Uſe of two Sorts of Weights, viz. great and ſmall.
931b. great Weight} of Leghorn, makes ioolb. of Paris.
140lb. Imall Weight
The Quintal is reckoned variouſly, according to the Species of Goods fold here
by it, viz. the Quintal of Roman Allum, or Poorjack, dried or Pickled Herrings,
and falted Salmon, is ſold here by that of 150lb. The Quintal for Sugars 15ilb.
and for Wool and Fiſh 1 bolb.
Florence has the ſame Weight as at Legborn.
Lucca has likewiſe two Sorts of Weights, viz.
Great Weight, of which 947 Rotoli
, or Pounds } make 100lb. of Paris.
Small Weight, of which 141. Rotoli, or Pounds
Palermo in Sicily two Sorts of Weights, of which,
100lb. Small Weight
At Venice the Weights are likewiſe different, the Pound of the ſmall Weight
confiſcing only of 12 Ounces, and the Pound of the great Weight 1839 of the
fame Ounces; or it is otherwiſe reckoned that
100lb. great Weight makes 158 lb. ſmall Weight, and
Toolb. ſmall Weight
63 lb. great Weight;
100lb. great Weight; making {
roolb. ſmall Weight
:
Andtoolb. of Paris makes at Venice{ 166 1b
. Imall Weight
,
Bologne, roolb. of this Place makes 66lb. at Paris, and 100lb. of Paris
makes 15141b. of Bologne.
Bergame, like Venice has two Sorts of Weights, viz. great and ſmall; this lat-
ter has only 12 Ounces to the Pound, and the great has 30 Ounces or 27 ſmall
Pounds. The ſmall ſerves for weighing Silk, Cochineal, Indigo, Wax and other
Drugs; and the great for Wool and other Groſs Goods.
.
1oolb. of Paris, makes 16:16. ſmall Weight}of Bergame.
The Weights of Naples are the ſame with thoſe of Bergame.
Smyrna uſes 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 Dragmes,
The Oque
The Quintal of 100 Routels or 45 Oques as above, is equal to 1141b. of Paris;
on which Footing 100lb. of Paris makes about 87 Routels of Smyrna.
4
It

65° 16. }of Paris.

95*16.
90 lb.} of Paris.



400 Ditto.
896
GENERAL COMMERCE OF THE WORLD.
It is reckoned that the Oque weighs a Trifle more than 2-lb. of Paris, but
this is according to the Goods weighed by it.
Conſtantinople has the heavieſt Weights in all the Levant, though they are dif-
tinguiſhed as at Smyrna. The Quintal conſiſts of 45 Oques, and the Oque of
400 Dragmes, correſponding to 27-lb. of Paris.
112:16. of Paris,
It is reckoned that the Quintal of Conſtantinople weighs 181 lb. of Venice,
160 lb. of Leghorn.
Being divided into Rottels, Oques, Batmens, &c. as at Smyrna.
At Aleppo they make Uſe of divers Sorts of Weights, viz.
The Quintal, or Cantar, of 100 Rottels, each conſiſting of 720 Dragmes.
The Surlo, which is 27+ Rottels.
The Rottel with which moſt Goods are weighed containing (as above) 720
Dragmes, which make 47-lb. of Paris.
The Rottel for weighing the Silks growing in the Neighbourhood, is of 700
Dragmes, and weighs 44 lb. of Paris.
The Rottel for weighing Perhan Silks, Legi de Burma, Ardaffe, and Ardaflete,
contains 680 Dragmes, and weighs 41 lb. of Paris.
The Damaffin Rottel, with which, Braſs, Lattin Wire, Amber, Camphire,
Benzoin, Spikenard, Balm of Mecca, and Aloes Wood are weighed, contains
600 Dragmes, and makes 3:16, of Paris.
The Ok, or Oque, weighs 400 Dragmes.
The Metical, with which Pearls and Ambergris are weighed, is l_ Dragme.
1 lb. of Paris.
(156)
i lb. ſmall Weight of Venice make at Aleppos 98 Dragmes.
i lb. great Weight of D?
The Quintal of Tripoli makes 1 Quintal of Aleppo of 720 Dragmes.
At Seyda (the ancient Sidon) two Sorts of Weights are in Uſe, viz.
The Rottel Damaſſin, or Damaſquin, by which all Sorts of Silks and Cotton
Thread is ſold; it is reckoned 600 Dragmes, which make 3. lb. of Paris.
And the Acre by which moſt of the Groſs Goods are ſold, equal to 4+1b. of
Paris.
Alexandria makes Uſe of a Cantar or Quintal for the weighing of Goods ,which
varies according to the different Species weighed by it, as for ſome it con-
fifts only of 100 Rottels, and for other, 105, 110, 112, 115, 120, 125,
130, and 133.
The Rottel Farfarin is 144 Dragmes, 100 of which Rottels are reckoned equal
125lb. of Leghorn.
The Rottel Gerouin is 312 Dragmes.
dio
The Okke, or Oque is 400 Dragmes.
The Cantal, or Quintal of 100 Rottels, is ſuppoſed equal to 120lb. of Paris.
Roſetto has its Weights the ſame as thoſe laſt mentioned of Alexandria.
Grand Cairo makes Uſe of the Quintal, or Cantar of 100 Rottels, for the
weighing moſt of its Goods, reckoned equal to 881b. of Paris; though a
Quintal of Coffee yields 95lb. at Amſterdam, which is (as has been ob-
ſerved) the ſame with thoſe of Paris.
Theſe are all, or at leaſt the principal Places of Trade, whoſe Weights are not
mentioned in the ſubſequent Table, ſo that I have nothing more to add on this
Subject.


II2
©, 112, 115, 120,



A TABLE
Bacoor
sisu ovods ze zas po
obsucxrerede
897
A TABLE of the Agreement which the Weights of the PRINCIPAL Places in EUROPE have with each other.
N. B. As the Weights of Amſterdam,
Paris, Bourdeaux, Straſbourgh, Beſan-
con, and ſeveral other places have but
the minuteſt Difference, they are all com
prehended under that of Amſterdam, as
thoſe of Nuremberg are under Franckfort,
and others in the ſame Manner.
and Ireland.
Of England, Scotland,
&c,
Of Amſterdam, Paris,
mant.
Of Antwerp, or Bra.
county Weight.
Of Rouen, the Vif-
Weight.
Of Lyons, the City
Of Rochelle.
Upper Languedock.
Of Toulouſe, and
vence.
Of Marſeilles, or Pro-
Of Geneva.
Of Hamburgh.
Of Franckfort, &c.
Of Leipſick, &c,
Of Genoa.
Of Leghorn,
Of Milan.
Of Venice.
Of Naples.
Of Seville, Cadiz, &c.
Of Portugal.
Of Liege.
Of Ruſia,
Of Sweden.
Of Denmark.
98
97 13
3
4
4110
3
2
8/102 15
121
102
4119
109 7 128
81 92 9|106
I20 I3
101
24
४
81106 41 79
94 31 86
117.1998
106 81 97
98 13
5
99
86 783
82 1079
8
3
2
IO T
OF WEIGHTS, &c.
2 118
168 9163
8118
8
7
8
Are equal
to
120
2116 13 107
6125
100
8
100lb. of England, &c.
Toolb. of Amſterdam, Paris, &c.
1oolb. of Antwerp
Toolb. of Rouen
loolb. of Lyons
Toolb. of Rochelle
100lb. of Toulouſe, &c.
Toolb. of Marſeilles.
lioolb. of Geneva.
ioolb. of Hamburgh.
L 100lb. of Franckjort, &c.
100lb. of Leipfick, &c.
icolb. of Genoa.
Toolb. of Leghorn
lioolb. of Milan
Toolb. of Venice
100lb. of Naples
roolb. of Seville, Cadiz, &c.
100lb. of Portugal
Toolb. of Leige.
roolb. of Ruſſia, or Muſcovy,
loolb. of Sweden
Toolb, of Denmark

3100
13
100 91
8 96 8 88
106
90 9107 11113
154 10 97 104 13 96 5112 3107 24 89
118
1098/100
105 81 96 4116
99
I 23
8 89 102
105 150 145
168 166 169 106 114 8105 4123 iz
117
1150
93 13TIT 12117 84 596 10 92 131 99 8142 2137 6159 31157
103 12 94 12 100
108
91
8
2 108
99 11116 300 11 02
113 14 104
I 20
I 22 III 28
109 12100
109 4156 150 13 174 1172 175 12110
85 2
90 12 82 12100
101
8 87 12 84 41 99 5129 124 11|144 8142 145 6
6 91 31 98 8
90
101
8106
84 18
IO
9101
3117
100 119 3 124 12 86 141103
106 151 8140 71169 11167 10 107 11107 115 10 106 5124
6 84 12 89 681
92
81 98 583 15 100
89 8127
105 41 75 7
2122 14 142 6140 143 41 89 13 97 89 3104 199 1 83
91 88 Il 81 85 81 78 94
80
31 959100
72
6 85 8121 8117 7136 1134 8236 141 85 13 92 12 85 4 99 94 ·
179 17
123
(12 6118
8108
130 5111 6:32 9 128 4100 114 1110
188 13186 8 189 141119
4.138 131 77109
107 5 98
103
6
94 4113 10 97 115 10121
87 4 100 89 11 102 15:47 142 2 164 1162 11 165 10 103 13112 4103
2120 14 114 24 95
III II 102
107
8 98 3118 5ICI
6126
90 12 104
107
11153
147 14|171 6169 5172 108 2116
104 5 95 4100
91 12110
81 94 4112 6117 12 84 12 92 21 93 51100 142 131 38 ili6o
158 2 161
101 · 109 1100
4117 III
12
73
66
3 70
70 564
5
78 10 82 5 59 5 68 25 5 70
96 ulu2 110 112 11 70 11 76 51 70
66
75 8 69
72 12 66 680
68
5
81 6 85 41 61 6 70 6
667 101 72
10 72 8103
114 8116 91 73 79
80
67 ?
65 31 59 81 62 12 57 41 69 58 1417031 73 853
1 58
58 5 62 889 41 86
98 12100
68 2) 62 10 73 69
58
65 il 60
63
6 57 12 69 10 59 6 70 13 74 253 6 61 3 58 13 63 90
100 13 100
68 11 63 2 74 70
64 10 59
68 z 58 6 69 1072 141 52 81 60
21 57 13 62
88 885 899
2 98
100 62 8 67 | 62 72 3 69
57
7
103 71 94 899 12 91 109 101 93 9HII 8116 11 84 2 90 692 10 99 4 141 12137 158 12 156 14 159 12 100 108 31 99 14116 I10 3 92 1 정
​95 41 97
4/ 97 8192 84 4101
8! 86 10103 4
108 77 14 89 41 85 12 91 13 131 41126 13 147 145 41148
92 12100 92 107
$85
104 95
3 91
7110
3 94
112 117 5 84 81 96 14 93 99 12142 8137 12159 9157 11 160 10 100 9108 121co
16 is
III
8 92 1ő
88 12 81 41 85
80 695. 9ico 5724
5 724 82 13 79 685 4121 13117 13 136 7134 15137 41 86 31 93
3
1 85 8100 95 79 1
93
7 85 890 2 82 31 99 84 9100
9100 9105 91 76 | 87 31 83 91 89 12 128 3124 143 9142 144 7 909 97 151 90 105 100 83
III 12 JOZ 4107 13' 98 518 7100 15 120 5126 41 91 104 41 99 14 107 5153 51148 4471 11169 13 172 12 109 1117 1107 101125 119
119 12 00
1119
?l 79
4
8
100
61 83
77 51 66
8100
72 10 84
8
116
41100
60
1
8 63
6 63 9
4
4
87
101
58
62 4 57
S
13102
3
17
15
100
16
78
94 12
4171 1169 13 172 12/109
By Means of this Table may be eaſily ſeen, the Agreement which the Weights of one Place have with thoſe of another; as for Example; if it is wanted to be
known how many Pounds 100 Engliſh make at Amſterdam, look for England, &c. in the firſt Column, and from thence along the Line to the Column under
Amſterdam, and it will there be found, that gılb. 8oz. Dutch, correſpond with 100 Engliſh, and ſo with any other Weight ſought for, and vice verſa; noting
that the above Calculations are in Pounds, and Ounces of 16 to the Pound.
81 71 93 5 89 71 96
898
GENERAL COMMERCE OF THE WORLD.
Mr. John Peter Ricard, having furniſhed us in his Book entitled Le Negoce
d' Amſterdam, and ſeveral other Authors in their different Works, with a Calcula-
tion of the Agreement, which the ſeveral Corn Meaſures of Europe have, with
thoſe of that City, I herewith dedicate it to my Reader's Service, in Hopes it may
be uſeful to many of them in their ſeminal Negotiations ; but, previous thereto, I
ſhall give ſome Account of the Fractions of the different Meaſures mentioned
therein, and of thoſe that are not there inſerted.
The dry Meaſures at Amſterdam for Corn are,
The Laſt, containing 27 Muddes, or 36 Sacks.
The Mudde, containing 4 Schepels.
The Sack, containing 3 Schepels; and Retailers ſtill divide
The Schepel into 4 Vierdevat, and
The Vierdevat into 8 Kops.
s of Wheat commonly weighs from 4600 to 4800 lb.
The Laſt of Rye
4000 to 4200 lb. Mark Weight.
of Barley
3200 to 3400 lb.
The Laſt of Monnikendam, Edam, and Purmerent, is equal to that of Am-
ſterdam.
of Hoorne
of Enkbuyſen
The Laſt of Muiden is of 22 Muddes,or 44Sacks, and the Sack of 2 Schepels.
of Naarden

Lof Welop
The Laſt of Haarlem is of 38 Sacks, and the Sack of 3 Schepels; 4 Schepels
making 1 Hoed of Rotterdatu, and 14 Sacks, 1 Hoed of Delft.
The Laſt of Alkmaar is of 36 Sacks; the Hoed 4 Schepels; but the Hoed is
5-8ths bigger than that of Rotterdam.
The Laſt of Leyden, is of 44 Sacks, and the Sack of 8 Schepels.
The Laſt of Rotterdam, Delft, and Schiedam is compoſed of 29 Sacks, and the
Sack of 3 Schepels, of which 10 2-3ds make an Hoed; the Laſt of theſe Places
being 2 per Cent. bigger than that of Amſterdam) and this Laſt for Hemp-Seed is
alſo of 29 Sacks, and for Linſeed 24 Tons or Barils.
The Laſt of Dort or Dordrecht is of 24 Sacks, the Sack of 8 Schedels, and 8
Sacks make 1 Hoed. All Grains are bought and ſold here by the Hoed, which
make 8 Barils or 32 Schepels, counting 4 Schepels to the Baril; and 3 Hoeds
make 1 Laſt of Amſterdam.
The Laſt of Gouda, or Tergouw, is of 28 Sacks, and the Sack of 3 Schepels;
32 Schepels making i Hoed.
Four Hoed of Oudewater, Heuſden, Gornichem, and Leerdam, make 5 Hoed of
Amſterdam : 2 Hoed of Gornickem make 5 Achtendeelen, or Huitiemes, and I
Laſt, and 4 Hoed, make 5 Hoed of Delft.
Twenty-eight Achtendeelen or Huitiemes, of Aſperen, make 32 Huitiemes
of Rotterdam: 26 Huitiemes of Worcum, alſo make 32 Huitiemes of Rotterdam.
The Laſt of Breda, for hard Grain, ſuch as Wheat, Rye, Barley, and the like,
is of 33 1-half Veertels, or Quartieres: and the Laſt of Oats is of 29 Veertels;
13 Veertels of hard Grain making 1 Chapeau of Delft, and 14. Veertels of Ant-
werp.
Corn Meaſures of the Province of Utrecht:
The Laſt of Utrecht conſiſts of 25 Muddes or Sacks; 6 Muddes making 5
Mouwers, and 10 I-half Muddes or Sacks, i Hoed of Rotterdam.
The laſt of Ammerfort, is of 16 Muddes, or of 64 Schepels; 6 Muddes mak-
ing 1 Sack, or i Hoed of Rotterdam.
The Laſt of Montfort is of 21 Muddes, the Mudde making 2 Sacks, and the
Hoed containing 41 Huitiemes more than that of Rotterdam.
The Laſt of i ſelſteyn contains 20 Muddes, each Mudde 2 Sacks, and the Hoed
3
Huitiemes more than that of Rotterdam.
The Laſt of Vianen is alſo of 22 Muddes, the Mudde of 2 Sacks, and the Hoed
contain's 2 Huitiemes more than that of Rotterdam.
Corn
4
OF WEIGHTS, &c.
899
Corn Meaſures in the Province of Friſe:
The Laſt of Haarlingen
Sof Leeuwarden ( is of 33 Muddes, of 18 Tons or 36- Loopers, which
Lof Groninguen
make 3 Hoed of Rotterdam.
Corn Meaſures of the Province of Gueldre:
The Laſt of Nimeguen is of 21. Mouwers, and that of Arnhem and Doeſburg of
22 Mouwers; the Mouwer is 4 Schepels, and 8 Mouwers make i Hoed of Rot-
terdam.
The Laſt of Thiel confiſts of 21 Muddes ; the Hoed of Rotterdam being an
Achteling or Huitieme bigger..
The Lalt of Roermonde is of 68 Schepels, or Achtelings ; 100 Veertel, or
Quartiers, making í Hoed of Rotterdam.
The Laſt of Bommel is of 6 Achtendeels, or 18 Muddes greater than that of
Rotterdam.
At Harderwyk it is reckoned that I 1 Muddes make 10 of Amſterdam.
1. Corn Meaſures of the Province of Over-Yſel:
The Laſt of Çampen contains 24 Muddes for Wheat, of which 9 make i Hoed
of Rotterdam.
The Laſt of Zwoll is of 26 Sacks, or 9 Muddes, which make 1 Hoed of
Rotterdam.
The Laſt of Deventer is of 36 Muddes, counting 4 Schepels to the Mudde.
Corn Meaſures of the Province of Zeeland.
The Laſt of Middlebourg is reckoned 41 Sacks and 1 Achtendeel; reckoning
2 Achtendeels to the Sack.
The Laſt of Vliſſingen or Fleffingue, and that of Veer or Terveer is of thirty
Sacks,
The Laſt of Zirickzee, Ter-Goes; Bommene, Tertolen, Stavenes, and Duyvelant is
of 377 Sacks.
The Laſt of Sommelſdyk, Dirkſland, Middleharnes, Oeltieſplaat, Pays de l'Utiten,
and La Brille, is of 381 Sacks; but all theſe aforeſaid Meaſures are reducible, and
near equal to the Laſt of Middlebourg, becauſe 2. Achtendeels make the Zeeland
Sack, or the Middlebourg Sack of 2 Achtendeels, as above-mentioned.
Corn Meaſures for the Province of Brabant :
The Laſt of Antwerp for Wheat is of 37; Verteels or Quartiers, and that for
Oats of
37: The Verteel being divided into four Mukens, and 14 Verteels mak-
ing the Hoed of Rotterdam.
At Bruffels 25 Sacks are reckoned for an Amſterdam Laſt of Wheat.
The Laſt at Malines is of 34: Verteels; the 100 Verteels making 108 of Ant-
werp, and 12 Verteels making 29 Achtendeels of Delft.
The Laſt of Louvain is of 27 Muddes, and the Mudde of 8 Halſters.
D# The Laft of Breda for Wheat is of 333 Verteels, and of 29 for Oats; the 13
Verteels making 18 Sacks, or 'i Hoed of Rotterdam.
The Laſt of Steenbergen is of 35
Verteels.
The Laſt of Bergen-op-zoom is of 36 Siſters for Wheat, and 28. for Oats.
The Laſt of Boiſleduc is of 20 Mouwers, of which 8 make í Hoed of Rot-
terdan.
Corn Meaſures of Flanders:
The Laſt of Ghent contains 56 Halſters for Wheat, and 38 for Oats ; 12
Halſters inaking 1 Mudde, or 6 Sacks, fo that each Sack is 2 Halſters, and Corn
is bought and fold here by Muddes or Halſters.
The Laſt of Bruges is of 17 Hoed for Wheat, and 147 for Oats, which makes
one Laſt of Amſterdam, and one Hoed of this place yield 45 $ Achtendeels of
Delft.
B: The Laſt of St. Omer is of 22 Razières.
The Laſt of Dixmude for Wheat is reckoned to be 30. Raziers, and 24 Raziers
for Oats; the Razier making 2 Schepels of Rotterdam.
The Laſt of Lifle conſiſts of 38 Raziers for Wheat, and 30 Raziers for Oats,
the Razier making 2 Schepels of Rotterdam,
Eighteen Raziers of Dunkirk make 1 Hoed of Rotterdam ; Sea Meaſure is 9
Raziers, which weigh 280 to 2golb. Mark Weight each, but the Land Razier
only weighs 245lb. of the ſaid Weight.
At







goo
GENERAL COMMERCE OF THE WORLD.
of
At Gravelines 22 Raziers is reckoned to the Laſt of Wheat, and 18.1 for Oats.
Corn Meaſure of the Country of Leige :
The Laſt of Leige is 96 Setiers, and the Setier conſiſts of 8 Muddes.
The Laſt of Tongres for Wheat is 15 Muddes, and for Oats 14.
Corn Meaſures of Great-Britain and Ireland:
The Laſt of theſe Iſlands contains 10 Quarters; the Quarter is 8 Buſhels and
each Buſhel 8 Gallons, or 4. Pecks; the Laſt being equal to that of Amſterdam.
Corn Meaſures of ſeveral Places in the Nortb:
The Laſt of Dantzick is equal to that of Amſterdam, it being reckoned com-
monly to weigh 16 Schipponds of 340lb. each, making 5440lb. per Laſt, Dant-
zick Weight, for Wheat; though the Laſt for Rye is only counted 15 Schipponds,
or 5100lb.
The Laſt of Coningsberg is alſo equal to that of Amſterdam, and Corn is brought
and ſold here by the Guilders and Gros of Poland.
The Laſt of Riga contains 46 Loopens, which make a Laſt of Amſterdam;
Corn fells here for Rix-dollars of 3 Guilders, or 90 Gros.
The Laſt of Copenhagen is of 42 Tons, or 80 Schepels, though it varies ac-
cording to the different Sorts of Grain, even as far as to 96 Schepels.
In Sweden, the Laſt is reckoned 23 Tons.
The Laſt of Hamburgh contains 90 Schepels, 12 of which Lafts make 13
Amſterdam.
The Laſt of Lubeck is 85 Schepels, of which 95 make a Laſt of Amſterdam.
The Laſt of Embden conſiſts of 150 Tons. And
24 Laſts of Bremen make 23 of Amſterdam.
Corn Meaſures in ſeveral Parts of France :
The chief Meaſure for Grain is called at Paris, and in many other cities of
that Kingdom, a Muide, which is divided into 12 Setiers, and the Setier into 12
Boiſſeaux, or Buſhels; the Setier for Wheat is again divided into 2 Mines, the
Mine into 2 Minots, and the Minot into 3 Boiſſeaux, The Setier of good Wheat
ought to weigh from 244 to 2481b. Mark.
The Setier of Oats is divided into 24 Boiſſeaux, the Boiſſeaux into 4 Picotins,
the Picotin into 8 Demi-quarts, and the Demi-quart into 2 Litrons.
The Muid, or 12 Setiers of Paris, makes 17 Muddes of Amſterdam, and 19
Se-
tiers the Amſterdam Laſt.
The Muid of Rouen contains 12 Setiers, making 40 Setiers of Paris, which
Muid ought to weigh 3360lb. Mark Weight of Wheat, as the Setier weighs
about 280lb. which is divided into 2 Mines, and the Mine into 4 Boiſſeaux; 4
Muids are equal to 3 Laſts of Amſterdam, 6 Setiers making 10 Muddes, or i
Muid an Amſterdam Laſt.
The Muid of Orleans ought to weigh boolb. it is divided into 12 Mines, and
makes 2 Setiers of Paris, 5 Boiſſeaux of Bourdeaux, or 3Muddes of Am-
ſterdam.
The Meaſure for Corn uſed at Lyons is called an Aſnée, which is divided into
6 Bichets, or Boiſſeaux, and makes near iş Setier of Paris, or 3 Boiſſeaux of
Bourdeaux ; ſo that 4 Aſnée make 7 Muddes of Amſterdam.
8 Boiſſeaux of Roan make one Setier of Paris, or 1. Mudde of Amſterdam.
3
Aſnées of Macon make 7 Muddes of Amſterdam.
Boiſſeaux of Avignon make 41 Muddes of Amſterdam.
The Setier of Montpelier is of 2 Emines, and the Emine of 2 Quarts; the Setier
weighs from 90 to 951b. Montpelier Weight, and 3 Setiers make a Muddes of
Amſterdam.
The Setier of Caſtres in Languedoc conſiſts of 2 Emines, the Emine of 4. Me-
geres, and the Megere of 4 Boiſſeaux; the Setier weighs near 200lb. of this
Place, which make 170lb Mark, ſo that 100 Setiers make 4 Laſt of Amſterdam.
38 Boiſſeaux of Bourdeaux make 1 Laſt of
Amſterdam, or 19 Setiers of Paris;
the ſaid Boiſſeaux ought to weigh from 122 to 1241b. Mark, when the Wheat is
good.
4 Setiers of Amiens make I; Mudde of Amſterdam; the Setier is here divided
into four Piquets, and ought to weigh 50 or 521b.
8 Setiers
5
OF WEIGHTS, &c.
905
1
8 Setiers of Bologne (in Picardy)makes 13 Muddes of Amſterdam, and ought to
weigh 270lb. ſmall weight.
12. Setiers of Calais, make 18. Muddes of Amſterdam; the Setier weighs about
260lb. 12 whereof making thirteen at Paris.
19 Setiers of St. Valery, make i Laſt
18 Mines of Dieppe, make 17 Muddes
5. Boiffeaux of Havre de Grace
, make di Mudde
14
19 Setiers, of Şaumur, make i Laſt
of Amſterdam.
14 Boiſſeaux of Tours, make Mudde
20 Boiſſeaux of Blois, make I Mudde
Aubeterre
5Boiſſea ux of Barbeheux make iMudde
Perigueux s
49 Setiers of Arles, make a Laſt of Amſterdam, each Setier weighing 931b. Mark,
and the Charge is reckoned 300lb. of that Place.
48 Setiers of Baucaire, make a Laſt of Amſterdam, and the Charge here is
2 per
.
of Arles.
The Charge of Marſeilles, is of 4 Emines, the Emine of 8 Sevadiers; and the
Charge is alſo computed at 300lb. Marſeilles Weight, which makes it equal to
I Mudde of Amſterdam.
Forty-eight Charges of St. Gilles, make a Laſt of Amſterdam; the Charge here
is alſo of 300lb. but heavier by 18 to 20 per cent. than that of Arles.
Fifty-one Charges of Taraſcon, make a Laſt of Amſterdam; the Charge here is
likewiſe of 300lb. 2 per Cent. heavier than that of Arles.
Three Emines of Toulon, make 2 Muddes of Amſterdam; the Charge is here
reckoned to conſiſt of three Setiers, and the Setier containing i Emine,
3
of
which make 2 Setiers of Paris.
Four Boiſſeaux of Auray, make 1 Mudde
The Ton of Audierne
The Ton of Breft
of Amſterdam.
make 13+ Muddes
The Ton of Morlaix
831 Boiſſeaux of the faid Morlaix have yielded at Rotterdam a Laſt, and 15
Sacks of 29 to the Laſt; on which Footing the 83 Boiſſeaux make very near 13
Amſterdam Lafts.
The Ton of Hannebon and Port Louis makes 174 Muddes of Amſterdam. It
The Ton of Quinpercorantin, makes 13 Muddes of Amſterdam.
The Ton of Nantz, makes 13. Muddes of Amſterdam ; it is compoſed of 16
Setiers, and the Setier of 16 Boiſſeaux ; The Ton ought to weigh from 2200 to
22501b. heaped Meaſure, which is 18 or 20 per cent. more than ſtriken
Meaſure.
The Ton of Rennes and St. Maloes makes 14. Muddes of Amſterdam, and ought
to weigh about 2400lb. abbi
The Ton of St. Brieux makes 151 Muddes of Amſterdam, and ought to weigh
about 26oolb.
The Ton of Rochelle and Marans contains 42 Boiſſeaux, which makes 13
Muddes of Amſterdam.
Corn Meaſures of Spain.
At Cadix, &c. Corn is ſold
by Fanegas (or Hanegas) of which 5 make an Eng-
liſh Quarter, or 52 to the Laſt of Amſterdam. 2
In the Kingdom of Valencia, the Corn Meaſure is a Cahiz, conſiſting of 12
Barchillas, and three hundred Cahizes make 25 Lafts of Amſterdam.
Corn Meaſures of Portugal.
216 Alquieres, or 4. Muids of Liſbon, make a Laſt of Amſterdam, the Muid
being 54 Alquieres; though the Muid is divided into 15 Fanegos, and the
Fanego into 4 Alquieres. be
The Alquieres of Oporto have always been reckoned 20-per Cent. bigger than
thoſe of Lifbon, at which Computation 180 make an Amſterdam Laſt; but I find
that an Engliſh Quarter commonly yields there 16 Alquieres, at which Rate only
164 go to the Laſt of Amſterdam.
iro At



Ist Muddes
si

4
IQ U
906
GENERAL COMMERCE OF THE WORLD.
At the Azores Iſlands, belonging to the King of Portugal, and in that of St.
Michael, 60 Alquieres is reckoned to the Muid, and 240 make an Amſterdam Laft;
though Corn tranſported from St. Michael to the Illand of Madeira, yields 4 Al-
quieres Benefit on the 60; that is the 60 of St. Michael produce 64 at Madeira,
being 6 per Cent.
Italian Corn Meaſures.
Corn is ſold at Genoa by the Mine, with an Exemption from Duties to the
Seller, and 25 Mines are reckoned a Laſt of Amſterdam.
At Leghorn, 40 Sacks make a Laſt of Amſterdam, and 2 Sacks of Wheat make
the Marſeilles Charge of 300lb. leſs 4 per Cent.
Wheat is ſold at Venice by the Staro, or Setier, 2 Staro making one Marſeilles
Charge, or 1 Mudde of Amſterdam.

This may ſuffice to ſhow the chief Corn Meaſures of the pricipal Parts in
Europe, to which iny Reader may have Recourſe, for a more ample Explication
of their different Diviſions, than could conveniently be inſerted in the following
Table; though this contains a greater Number of Places, and fhews at one Glance,
the Agreement between the Meaſures of every City, with thoſe of Amſterdam,
Paris, and Bourdeaux; the Name of the Place being fought in the firſt Column,
whoſe Meaſure is wanted, they being all ranged for this purpoſe in an Alpha-
betical Order, and all trifling Fractions left out as their Inſertion would have in-
terrupted the Regularity of the Table, without adding any Thing to the In-
ſtruction of my Reader.
ATABLE of the Agreement of divers MEASURES with thoſe of AMSTERDAM,
PARIS, and BOURDEAUX.

33. Sacks
I
38
38
41
I
12
I
38
2
I
I
2
1.
19
I
38
38
38
49 Setiers
[
2
22
1
Names of Places. Different Meaſures. Meafure of Am- Meafure of Meaſure of
ſterdam. Paris. Bourdeaux.
Abbeville
6 Setiers 7 Muddes
5
Setiers 10 Boiſſeaux.
Agen
Lait
19
Aiguillon
Sacks
I Laſt
19
Albi
25 Setiers.
Laſt
19
Alicant
Cahizes
Laſt
19
38
Alkmaar do 36 Sacks in i Laſt
19
Amboiſe
350 14 Boiſſeaux
Mudde
Amersfort 40 € 16 Muddes
Laſt
19
Amiens
da 4 Setiers
I Mudde
Amſterdam
Laſt
27 Muddes
Antwerp
32. Veertels
Laſt
19
Arles
i Laſt
19
Auray le Duc
91 Boiſſeaux
I Mudde
Arnhem do
2 Mouwers
Laſt
19
Aſperen
Laſt
19
Aubeterre
5 Boiſſeaux ni I Mudde but I
Audiene
Tun
13. Muddes
9. 1900
Auray
100 Boiſſeaux io 35 Muddes 25 50
Auxones en
įstail 1 Emine
2
Avignon
5 Boiſſeaux
4* Muddes
3
Barbeheux. 100
5 Boiſſeaux
i Mudde
Baugenci
3 Mines
I; Mudde
I
Bayonne
36 Sacks
10 I Laſt
019
Beaucaire este
48 Setiers.
I Laſt
i 1970
Beaumont 38 Sacks
Laſt
ca 19 29938
Beauvais
Tun
18 Muddes
12 256
Bellegarded
JC Bitchet
2 Muddes
5 Muddes
33 7
Bergen-op-zoom :: 6312 Siſters 1 stod. I Laſt onto 19 SUO 38.5 25
Bergen-St.-Winox 13 Raziers
17
Muddes
12 ore 24 0
: Blois
Boiſſeaux
1- Mudde
oo oo oo oo oo NO.00 Nodo o go to a woooot
25. Sacks
I
38

2
I

4. Muddes
2
2

I
2
ga
I
10
2-
Bergerac
1. Piper
s sro
20
I
I
Bois
OF THE Ś O U N D, &c.
907
Bois-le-Duc.
I Laſt
I
I Mudde
I
2
Bommel
Bourbon Lancy
Bourdeaux
Bourret
Breau
19
38
1
662
32
1
31 Laſts
I Laſt
I
Bremen
23
L
15
I
2
17+ Hoedts
I
38
38
I Laſt
I Laſt
I Laſt
Laſt
38
33; Sacks
19
I
19
38
38
38
I
19
36
| Laſt
I
38
I 2
I
2
35 Setiers
Laſt bon
38
Zoestion
38
Names of Places. Different Meaſures.
Meafure of Am- Meaſure of Meaſure of
ſterdam
Paris.
Bourdeaux.
201. Mowers
19 Setiers 38 Boiſſeaux
Bologne in Picardy 8 Setiers 13
Muddes 9) 187
18 Muddes
Laſt
19
38
13+ Boiſſeaux
38 Boiſſeaux
I Laſt
100 Sacks
Laſts
133
100 Cartieres
66, 133
Breda
13 Veerteels
19
38
24
Lafts
Laſts
437
847
Brelle
I Quartal
Mudde
21
Breſt
I Tun
13Muddes
92
19
Briare
II Carſes
I Mudde
Bruges
Laſt
19
Bruſſels
25
Sacks
19
Bueren
21 Muddes
19
Cadillac
Cadiz
52 Hanegas
Gabors
100 Cartes
Laſt about
Calais
12 Setiers 18+ Muddes
13
Campen
24 Muddes
19
Candie
i Charge
Mudde
Canville
100 Sacks
3.
Laſts
57
14
Carcaſſone
I
19
Caſtle Jaloux
100 Sacks
2 Lafts2 3 Mud.54 108
Caſtle Mauron
I Pipe
5
Muddes
7
Caſtlenaude Medor 100 Quartieres
3
Laſts 10 Mud.64
128
Caſtlenaudari
41. Setiers
one
Caſtle-Sarazin
100 Sacks
665 133
Caſtresin Languedoci oo Setiers
Laſts
152
100 Sacks
3
Laſts
57
114
Chalais
5
Boiſſeaux i Mudde
Chalons ſur Saone 5 Bichets 87 Muddes 6
Charite
8 Boiſſeaux: 1. Mudde
Charlieu ſur Loire 7 Boiſſeaux I Mudde
Charolles
6 Boiſſeaux j: Mudde
Chateau neuf ſur Loire7 Boiſſeaux 1. Mudde
Clairac
19
Cleves
16. Mowers
19
Concarneau
I Tun
Condom
I Laſt
19
Coningſberg
I Laſt
I Laſt
19
Copenbagen
19
Corbie
3. Setiers
Mudde
Coſne
9. Boiſſeaux I; Mudde
I
Creon
100 Sacks
123.
Cuylenbourg
19
Dantzick
[ Laſt
I Laſt
19
Delft
I Laſt
19
oft
Derventer
36. Muddes
I Laſt
19
Dieppe
18 Mines
17 Muddes
12
24
Dixmude
30 Razieres
19
Doeſbourg
22 Mowers
I Laſt
19
Dort, or Dordrecht 24 Sacks
I Laſt 015121
Dunkirk
18 Razieres
I Laſt
19
57
27
Muddes
Nas
19
I Laſt
Embden
19
291
15: Ton
19
Names
31

I
1 Laſt
*
38
32
4
76
Caude Coſte
2
12
I
2
I
2
I
2
I
2
347 Sacks
I Laſt
I Laſt
13 Muddes
38
38

18.20
209
41 Sacks bhai
38
38
38
42 Tuns
I Laſt
1 - 2
I
2
2
61 نار
%
21 Muddes M 3. Laſts
I Laſt
38:
edo
29 Sacks
2a5b019
38
38
38
I Laſt
38
19
38
38

SOL
38
114
Dunes
Edam
Elbing
100 Sackson
HET 3 Lafts
I Laſt
I Laft
38
I Laſt
38
908
1
44 Sacks
I Laſt
I Laſt
I Laſt
38
38
100
IOO
40 Sacks
38
1 Laſt
I Laſt
I Laſt
38
38
38
I Laſt
I Laſt
I Laſt
3.8
38
96
I
2
I
2
34 Mines
9. Carles
20 Sacks
40 Sacks
1 Mudde
1. Mudde
I Laſt
1 Laſt
I Laſt
1 Laſt
I Laſt
38
38
38
38
22
19
I
38
1oo Sacks
Asli Laſt
19
380T.
GENERAL COMMERCE OF THE WORLD.
Names of Places.
Different Meaſures. Meaſure of Am- Meaſure of Meaſure of
ſterdam. Paris. "Bourdeaux.
Encbuyſen
19 Setiers 38 Boiſſeaux
England
10+ Quarters
19
Erfelſteyn.
21 Muddes
19
Eſperfac
100 Sacks
2 Lafts 17 Mud.50
Etaffort
100 Boiffeaux
2 Lafts24Mud.55
Fleſſingue
19
Franckfort
27 Malders
19
Fronfac
28 Sacks
19
Fronton
100 Sacks
3
Laſts 14Mud.67 134
Gaillac
21 Setiers
19
Gbent
56 Halſters
19
Genoa
25
Mines
19
Ginec
100 Sacks
2 Lafts 14 Mud.48
Gergeau
Gien
Gimond
19
Goes, or Tegoes
19
Gorcom
17. Muddes
19
Gouda, or Tergow 28 Sacks
19
Graveline
Razieres
Babbul
38
Grenade
30
Sacks
Laſt
19
Grifoles
3. Laſts 1oMud.64 128
Groeninguen 33
Muddes
Haarlem
I Laſt
19
Hambourg
13
Laſts
247 494
Harderwycka
II Muddes
10 Muddes
7
Harlingen
33
Muddes
Laſt
eroi:19 1. 3 stelation
Havre de Grace
I Mudde
closegal
Hennebone
I Ton
12}
Heuſden
19
Hoorn, or Horne
Huſum
ejer i 19
Quarters, or ] Laſt poslio 19
Ireland
101
38 Buſhels
Xboliloa
La Brille
40
Sacks
Laſt
La Gruere
100 Sacks
2 Lafts23Mud. 54
La Magiſtere
100 Sacks
He 2 Laſts24Mud.55
Lanion
I Ton
La Reole
19
La Loche de R. I Ton
Muddes
95 18.1
La Rochelle
I Ton
13
Muddes
99
Lavaur
21 Setiers
19
38
Layrac
100 Sacks
Laſt,4Mud. 591
Ob 3
13
1191
Le Mas d' Agenois 100 Sacksbull 3 Lafts20Mud.52 1049
Le Mas de Verdun 100 Şacks
AI 3 Lafts 14Mud.67
Les Adriens
I Ton
96 18
Leſpare
100 Sacks
A
Laſts 14 Mud.67
3
134
Leuwaerden
Leyden
[ Laſt
Leytoure
100 Sacks
Laſt
cobbs 3
ani, 57
Libourne
of
19
Liege
96 Setiers
Lille in Flanders 38 Razieres
Limuel
I Pipe
5 Muddes
31
7
Lyons
7
Muddes
5001
Liſoon
216 Alquieres
19
38
Life in Albigeois 100 Setiers 7 Laſts 5Mud.130
260
Lille-Dieu
I Ton
is
Names


38
38
38 Sacks
12 Laſts

I
2
243.is
5. Boiffeaux
17* Muddes
ats 174 Muddes
I Laſt
44 Sacks
20 Tons
I Laſt
HIV i Laſt
38
19
38
38
38

I
want, 19
38
108
IIO
820 ON
IQ
20
30 Sacks
the 14 Muddes
od 1 Laſt
13
38
182
I Laſt

cor 134
13 Muddes
[ Laſt
33 Muddes
44 Sacks
19
38
19
c

I14
35 Sacks
38
sausio
bir
[ Laſt
1 Laſt
1 Laſt
19
38
soft
ala 19
1
4. Aſnées
1ο
1 Laſt
14+ Muddes
IQ
20
Sish
OF WEIGHTS, &c. 1
gog
27 Muddes
I Laſt
I Laſt
38
38
Macon
lo
30-6 Veertels
38
I
I
I
2
Mas d'Agenois
Іоо
Іоо
41 Sacks
38
I Laſt
3 Laſts
100
114
114
1 Laſt
Io0
100
Іоо
I21
2 I
38
2
oow
1
2
I
I Laſt
I Laſt
38
38
38
I
185
I
N
Names of Places. Different Meaſures. fterdam.
Meaſure of Am- Meaſure of Meaſure of
Paris. Bourdeaux.
Leghorn
40
Sacks
I Laſt
19 Setiers 38 Boiſſeaux.
Louvain
19
Lubeck
95 Schepels
19
3
Aſnées
7 Muddes
5
Malines
I Laſt
19
Marans
Ton
13 Muddes
97
18.7
Marſeilles
Charge
1Mudde
Sacks
2 Laſts, 20 Mud. 52." 1043
Mas de Verdun
Sacks
3 Laſts, 14 Mud. 67 134
Middlebourg
19
Mirambeau
Boiffeaux
57
Mirandous
100 Boiffeaux
3
Laſts
57
Moilac
30
Sacks
19
38
Moncaſin
Sacks
2 Laſts, 23Mud. 54
Poi 108
Sacks
Montauban
3 Lafts, 18 Mud.70 140
100 Setiers
7
Laſtsio Mud. 140 280
Montandre
Boiſſeaux 3 Laſts, 5 Mud. 60
Montfort
Muddes
i Laſt
19
Montpellier
3
Setiers
1. Mudde
Montreuil
18
Boiſſeaux
1. Mudde
Morlaix
Ton
13. Muddes
91 19
Munikendam
27 Muddes
I Laſt
19
Muyden
44
Sacks
19
Naerden
44
Sacks
19
Nantes
Ton
13 Muddes
95
Naples la Pouille ?
Tomolos
3
and la Calabrias
I Mudde
Narbon
32 Setiers
1 Laſt
19
Narmoutier Iſle
Ton
I
13 Muddes
19
Negrepeliſë
Setiers
$100
8 Lafts
158.
361
Sacks
161
Nerac
33; Sacks
1 Laſt
19
Nevers
8 Boiſſeaux
1 Mudde
Nimeguen 21 Mouvers
I Laſt
Nieuport
171 Raziers
1 Laſt
19
Orleans
Muid
3Muddes
2를
​Oudewater
Muddes
I Laſt
Pain d'Avoine
Ton
13
9 18
Paris
SI Muid
17 Muddes
24
12 Boiſſeaux 1;
Periguex
5
1, Mudde
Pont l'Abbe
Ton
13: Muddes
19
Port Louis
Ton
17Muddes
12}
24
Porto Port
180
Alquiers
I Laſt
19
Purmerent
27 Muddes
I Laſt
19
Puymerol
Sacks
3
Laſts
57
Quiberon
Ton
13 Muddes
97 19
Quimpercoratin Ton
137 Muddes
92
19
Quinperlay
Ton
174 Muddes
121
Rabaſtens
17
Setiers
I Laſt
19
38
Setiers 4 Laſts, 10 Mud.86
172
Realville
Sacks
I Laſt
19
2100 Setiers
8 Laſts 1oMud. 162 324
Ton
14 Muddes
10 2015
I Ton
14 Muddes
95 192
Rhenen
20 Muddes
I Laſt
19
Ribeyrac
5 Boiſſeaux 1. Mudde
Riga
46 Loopen
I Laft
19
Names

38
I
9
2100
42Laſts
80
38
I
2
19
Oo oo
I
5
21
19
38
I
T.

12
I
NN
І
I
93
I
38
38

IOO
114
I
І
I
24
Realmont
IOO

25
38
{
I
Redon
Rennes
3
38
I
2
38
10 X
910
GENERAL COMMERCE OF THE WORLD.
29 Sacks
1 Laſt
19
10 Muddes 706
3 Laſts
114
38
38
38
9
"}
I
I Laſe
I Laſt
38
St. Valery
38
I
I
2
38
38
38
1
2
I Laſt
19
35 Veertels
23 Tons
38
I
2
5 Sacks
Names of Places. Different Meafures. Meaſure of Am-Meaſure of Meaſure of
ſterdam.
.
Paris. Bourdeaux.
Roane
8 Boiſſeaux 1; Mudde
i Setiers 2 Boiffeaux
Rotterdam
38
Rouen
S 6 Setiers
14
2
4
Muid
57
Royan
29 Quartiers I Laſt
19
Ruremonde 68 Schepels
I Laſt
19
St. Brieu
I Ton
14 Muddes
St. Cadou
191
I Ton
13. Muddes
gi
St. Gilles
19
40 Charges
I Laſt
19
St. John de Laune I Emine
2. Muddes
1}
St. Malo
31
I Ton
14. Muddes
St. Mathurin de
19
ľ Archant
9. Boiſſeaux
11 Mudde
St. Lieurade IOO Sacks
2 Lafts i 8 Mud 505
St. Omer
CO 1or
22 Razieres
19
19 Setiers
19
Sardaigne Ine 3 Eftereaux I Mudde
Saumur
19 Setiers
I Laſt
19
Schiedam
29 Sacks
I Lart
19
Schoonhoven 21 Muddes
I Mudde
19
Sicily Inc
I Salme
I Laſt
Steenbergen
Stockholm
I Laſt
19
Sully
9 Carſes 1- Mudde
Tallemont
4. Mudde
3
6
Taraſcon
51 Charges
I Laſt
Tertollen
19
37 Sacks
19
Terveer
I Laſt
19
Thiel
21 Muddes
I Laſt
Toulouſe
26 Setiers
I Laſt
19
Toniens
100 Sacks
2 Lafts 16 Mud.495
Tongres
15 Muddes
19
Tonningen
24 Tons
I Laſt
Tornus
19
I Bichet
2
I
Toulon
3 Emines
3. Muddes
Tournon
4
25 Sacks
18 Muddes
12
Tours
251
14 Boiſſeaux
1 Mudde
Tunis in Barbary I Caſſis
37. Muddes
Valence in Agen. 100 Sacks
Vannes in Bri.
1233
I Ton
14 Muddes.
9
193
Venice
2 Staros
Mudde
Venloo
21 Mouwers
19
Verdun
I Bichet
1 Mudde
1
Vianen
2
20 Muddes
1 Last
19
Villemeur
24
Muddes
17
34
Villeneuve d' Agenois 100 Boiſſeaux 2. Laſts2 i Mud:52 1054
Uliſingue
Laſt
19
Utrecht
25 Muddes
I Laſt
19
44. Sacks
Worcum
19
23 Sacks
Wykte Deurft. 20 Muddes
19
Yſelſtein
20 Muddes
I Laſt
19
Zirick Zee
40 Sacks
I Laſt
Zwol
26 Sacks
19
I Laſt
38
38
38
39 Sacks
19
38
38
98
I Lart
38
2
3
2
mim
1
2
4:23
3 Laſts
611
I
2
I Laſt
38
33
die
25 Sacks
2
40 Sacks
I
38

Weefop
öbb i Laſt
I Laſt
I Laſt
19
38
38
38
38
38
19
I Laſt
38

To the foregoing Table I ſhall here add the Weights of the Flanders and
German Meaſures, as they are calculated by Mr. Savary, in Hopes it may,
agreeable to my Readers; though I muſt accompany it with this Remark, that
be
I
the
OF THE
THE SOUND, &c.
911
the Ponderoſity of the ſeveral Sorts of Grains therein mentioned are rendered
ſo uncertain by the Change of Weather, and other Accidents of Humidity or
Dryneſs, that no Exactneſs is to be depended on from ſuch a Computation ; how-
ever, it may occaſionally prove of ſome Service, at leaſt to thoſe intereſted in the
Corn Trade, and therefore I give it a Place.
An Abſtra£t of the Correſpondent Weights and Meaſures of the dif-
ferent Species of Corn in Flanders and GERMANY.
190
58
125 1b.
the
48
48
84
178
168
172
123
Places.
Mark Weightof Mark Weight Mark Weight
Mark Weight Melling or mixt
Names of Meaſures.
of Wheat.
of Rye.
of Oats,
Corn.
Dunkirk
Raziere
250lb. 2471b. 240lb.
Bergues
Raziere
210
204
200
Y pres
Raziere
179
173
168
Ayre
Raziere
160
150
148
St. Omer
Raziere
196 193
Calais
ŞQuartier
66
60
Setier or Septier 264 240
232
1 Sept. of 4 Quart. and
each Quart. of 4 Boiſſ. 2053 201
201
Doulens
whereof 16 makes the 2 1 2
208
Septier of Doulens.
Amiens
Setier
49
49
Peronne
Setier
88
86
54
Lille
Raziere
IIO
106
104
Menin
Raziere
129
126 123
Tournay
Raziere
180
170
Conde
Raziere
164
I 20
Valenciennes Raziere
75
74 74
The Raziere mak-
Cambray
Mencault
81
83 84 75 ing 231 Mencaults.
Douay
Raziere
129 125 125
Arras
Raz. wt. of St. Vaſt 128
124
Mons
Raziere
76;
751 731
43
Maubeuge Raziere
106
94
88
50
Avenes
Raziere
I 02
98
88
70
Landreci
Mencault
97
94 90
72
Le Queſnoy
Mencault
80
76 79
71
Le Caſteau
Mencault
85
80 72
60
Soiſſons
Setier
158 156 148
Noyon
Setier
84
La Fere
Setier
71
69 65
50
Guife
Jalois
80
76
50
St. Quentin
Setier
67 64 625
44
Namur
Setier
44
42
Dinant
Setier
43
62
Philippeville Retz
55
54
30
Givet
Retz
47
46
45
Chalons
Setier
200
195
190
Rheims
Setier
130
*124
Rhetel
Setier
I I2
108
104
Rocroy
Cartel
35
34 33
Mezieres
Cartel
30
28
26
Verdun
Francarte
25
Sedan
Cartel
39
37
35
Montmidy
Cartel
47 50
Dijon and Chalons Emine
45
43
41
27
Auxonne
Emine
27
26
25
20
Bezançon
Meſure
35 34
32
NOO

124
86
32
76
27-
441
415
425
521
118
NW
38
32
34
38
484
36
Gray

912
GENERAL COMMERCE OF THE WORLD.
40lb,
391b.
30lb.
48
St. Loup
67
60
58
40
38
63
58
43
166
in mo NO
Mark Weightof Mark Weight Mark Weight
Mark Weight
Places.
Names of Meaſures.
of Wheat.
Meſling or mixt
of Rye.
of Oats.
Corn.
Gray
Meſure
381b.
Port ſur Saone Quarte
60
59
58
Euxeuil
Quarte
70
68
Favernay
Dole
Pontarlier
Emine
59
Salins
Villerfuxel
Emine
45
Montjutin
4443
Montbeliard
Hericourt
Emine
39
Blamont
Vanvillers
Quarte
62
61
Vezoul
Quarte
60
59
47
Befort
Quarte
41
Lanſcron
Fribourg
Boiſſeau
27
25
25
Briſac
Rezal
164
162 158
Colmar
Rezal
160
156
154
Schleſtat
Rezal
168
164
St. Mary aux Mines Rezal
178
175 176
Straſbourg
Rezal
160
160
160
104
Haguenau
Rezal
165
160
155
II2
Fort Louis du Rhin The Sack or Fertele 16 i
156
150
IIO
Landau
Maldre
174
175
176
Neuſtat
Maldre
186 184 170
Wijembourg
Rezal
164
162
159
104
Philipſbourg
Maldre
168
161
154
108
Phalſbourg and
184 183 182
104
Ligtemberg
Saar Louis Quarte
IIO
109
108
Hambourg and
Maldre
Bitche
300 198 I 280
Saarbourg
Bichet
ca
22
21
Keyſerloutern Maldre
162
160
Mont Royal Maldre
324
Saarbruck
Quarte
126
108
Metz
Quarte
934 95€ 997
Tout
Bichet
129
80
Nancy
Regal
174
173 172
144
S Rezal of Nancy 176
Longvy
175 174
Bichet of Longvy 27
26
26
Thionville
Maldre
302
248
Treves
Maldre
3014 300
268
285.
Luxembourg Malter
292
275
230
Pontamouſjon Quarte
120
116
112
TheEmineChap contains 8
ter Meaſure con Bichets, and
Langres, tains more than
tains , more than the Bichet, 397
352
296
that of Langres. two Quarts.
Void
Bichet
67
66
65
Chaumont
Bichet
72
703
74
Saverne
Rezal
179
165
160
Penal
Bourbonne
72
70
68
Bichet of Choiſeul 82
80
78
65
Rouen
Mine
135
133
130
}Regal
96
23
158
146
336
128
312
ora 116
81
134
119
297
a 295
295
NO
368
397
41
58
4
(Lc
OF WEIGH Í S, &c.
913
Mark Weight Mark Weight
of Oats.
of Rye.
51
Quai Meaſure,contain-} 151
139
Places.
Mark Weight of
Mark Weight
Names of Meaſures.
of Wheat. .
Melling or mixt
Corn.
Boiſſeaux Hall Meaſure 55
53
Le Haure
151
145
ing 3 Boiſſeaux
[Ton Hamburgh Meaſure 2950 2920
Port Louis Ton Quimper Meaſure 2280
2250
Ton Vannes Meaſure
2400 2370
Ton
2400
Bayonne . Conque
60
59
Dax
Meſure
36
Vaucouleurs Bichet
88
83
Huningue Rezal
163
160
2750
2100
Belle Iſle
2200
2280
2340
58
38
33
80
159
58
Next to the Dry, I proceed to the Long or Applicative Meaſures, of which
our's in Great-Britain, are the Yard and Ell, the former for meaſuring all Silks,
Woolens, &c. the latter uſed only for Linens. The Yard conſiſts of three Feet,
and the Foot of twelve Inches; the Ell being a Yard and a Quarter. I may
alſo
here add, that a Geometrical Pace is reckoned five Feet, a Fadom (or Fathom) fix,
a Rod, Pole, or Perch ſixteen and a half, and of theſe forty make a Furlong,
and eight Furlongs an Engliſh Mile, which by a Statute of Henry VIII. ought to
be 1760 Yards, or 5280 Feet, that is, 280 Feet more than the Italian Mile.
The Meaſures in other parts of Europe are very different both in Name and
Extent, tho' moſt of them founded on the Geometrical Foot, which, varying in
Length, has occaſioned the fixt Meaſures of Places to vary alſo from one another ;
and before I ſay any Thing of this Difference, I ſhall in Part ſhew it to my Reader
by a Print of ſome Fractions of Aunes, &c. of ſeveral of the chief Trading Cities,
which will confirm the Calculations I ſhall afterwards give in a general Table.
I 5
The Length of a Quarter of the Brabant, or Antwerp Aun or Ell, having 6 French Inches
and 41 Lines.
1
8
The Length of a Quarter of the Amſterdam or Dutch Ell, containing 6 French Inches and
37 Lines
17
4
The Length of a Quarter of a Braſſe at Venice, for meaſuring Woolens, &c.
6
2
| 4
1 | 1
13
15
The Geometrical half French Foot of 12 French Inches.
16
8
The Length of, and of the Paris Ell or Aun, containing 5 Inches 57 Lines, or65; Lines.
I
I
2
1
1 2 1 3 14
| 5
The Length of the half Foot of Amſterdam, the whole being 11 French Inches.
10 Y
An

914
GENERAL COMMERCE OF THE WORLD,
An Aún of Denmark or Copenhagen is reckoned one-third leſs than the Engliſh
Yard, but with more Exactneſs, it is 24 Inches Engliſh.
The Aun of Meinden contains 15 French Inches, and two Lines; fo that
100 Aunes of Amſterdam make a Trifle leſs than 166 Aunes of Meinden, and
200 Aunes of Meinden make 60 Aunes of Amſterdam.
At Genoa, four Sorts of long Meaſures are uſed, viz.
The Cane of 9 Palmes for Woolens,
The Cane of 10 Palmes for Linens,
The Braſſe of near 2 Palmes,
The Palme for Silks and Velvets.
The Palme is a common Span, making 8 Inches, and is a Meaſure uſed in moſt
Parts of Italy.
The modern Palme of Genoa is 9 Inches 2 Lines, of which 4 Palmes is a
Trifle leſs than the Lyons Ell.
Eight Genoa Canes make 15 Aunes of Lyons, and 3: Palines (of 9 to the Cane)
make an Engliſh Yard.
100 Aunes of Amſterdam make a ſmallMatter more than 30 Canes at Naples; and
100 Canes of Naples make a Trifle more than 333; Aunes of Amſterdam.
17 Canes of Naples are counted equal to 32 Aunes of Lyons.
The Cane of Sicily makes 84 Palmes, Marſeilles Meaſure, on which Footing any
larger Quantity may be regulated. The Neapolitan Palmeis 8 Inches and 7 Lines.
100 Canes of Barcelona make 2391 Aunes of Amſterdam, with a Trifle over; and
100 Aunes of Amſterdam make 41. Canes of Barcelona.
108 Varas of Cadiz are equal to 100 Engliſh Yards.
At Peterſburgh 8 Verſchocks, are i Arſchin, or 28 Engliſh Inches, and i Saf-
chine makes 7. Engliſh Feet, ſo that 100 Saſchines make 241 Engliſh Yards, and
100 Engliſh Yards make 41... Safchines, a Trifle leſs
100 Aunes of Riga make very near 130 Aunes of Amſterdam; and
100 Aunes of Amſterdam make 77 Aunes of Riga.
100 Aunes of Revel make 128 Aunes of Amſterdam; and on the contrary,
100 Aunes of Amſterdam make 78 Aunes of Revel.
The Aune of Coningſberg is near Part ſhorter than that of Amſterdam, fo that
100 Aunes of this lait, make about 120 of Coningſberg ; and 100 Aunes of
Coningſberg, about 80 of Amſterdam.
Elbing has the ſame Meaſure with Dantzick, which may be ſeen in the Table.
The Foot of Stetin is equal to that of Amſterdam.
100 Aunes of Lubeck make 83; Aunes of Amſterdam, and
100 Aunes of Amſterdam make 120 Aunes of Lubeck.
100 Aunes of Bremen are reckoned equal to 831 Aunes of Amſterdam; and
100 Aunes of Amſterdam to make 120 Aunes of Bremen.
100 Aunes of Erfort make 61 of Amſterdam, and 100 of Amſterdam make
164 of Erfort.
6 Aunes of Langenfaltz make 5 of Amſterdam, ſo that 100 Aunes of Langen-
ſaltz make 837 of Amſterdam; and 100 of Amſterdam make 120 of Langenſaltz.
100 Aunes of Liege are reckoned 80 of Amſterdam ; and
100 Aunes of Amſterdam make 125 Aunes of Liege.
The Aunes of Malines, Ghent, and Bruges, are equal to thoſe of Antwerp.
100 Aunes of Lifle make 1037 Aunes of Amſterdam; and
100 Aunes of Amſterdam make 96. Aunes of Lifle.
100 Aunes of Dieppe make 177 of Amſterdam; and 100 Aunes of Amſterdam
make 581 Aunes of Dieppe.
33 Canes for Linens
100 Canes for Woolens
of Rome, make 100 Aunes of Amſterdam.
107 Braſſes of 37 Palmes
At Florence and Leghorn, the following Meaſures are uſed for Silks and Wool-
ز
374; Palmes
ens, viz.
For
Woolens
Palmes of which 349
Braſſes of 2 Palmes, whereof 116: _make 100 Aunes of Amſterdam.
Canes of 8 Palmes, whereof 297
I
For

ULOV OF WEIGHT S, &c.
915
Of which2119 for Silks
Palmes, of which 2387
For Silks Braffes, of 2 Palmes, of which 1197 make 100 Aunes of Amſterdam.
Canes, of 8 Palmes, whereof 2914
At Lucca, two Sorts of Braſſe are in Uſe,
$114 ,
for Woollens{make 100 Aunes of Amſterdam.
800 Palmes, or 100 Canes of Naples, make a Trifle leſs than 310 Aunes of
Amſterdam.
100 Aunes of Amſterdam make 258 Palmes, or 30$ Canes of 8 Palmes, which
Palme exactly agrees with 3 of an Aune, and 4 Lines of a French Foot at Amſter-
dam; and the Cane yields there 3. Aunes leſs 6 Lines of the ſaid Foot.
At Palermo, 100 Canes of Palmes make a Trifle more than 287. Aunes of
Amſterdam; and
100 Aunes of Amſterdam make 3375 Canes of Palermo.
33.
At Venice, two Sorts of Braſſes are uſed, the one to meaſure Woolens, and the
other for Linens, and Gold or Silver Stuffs; and that for the Woolens conſiſts of
2 Feet 8 Lines, or 296 Lines of the French Feet, and is longer by 6 per
Cent. than the Braſſe for the Gold and Silver Stuffs; ſo that
100 Braſſes for Woolens make 1064 for Gold and Silver Stuffs, &c. and
100 Braſſes for Gold and Silver Stuffs, make 941, Braſſes for Woolens.
100 Braſſes for Woolens
of
100 Braffes for Gold and Silver Stuffs make 392_Aunes of Amſterdam.
S102 Braffes for Woolens
100 Aunes of Amſterdam 1108: Braffes for Gold, &c. Stuff's
Venice.
100 Pies of Smyrna and Seyde, are computed to be 97 Aunes of Amſterdam,
100 Aunes of Amſterdam, make 103 Pies of Smyrna, &c.
100 Pies of Conſtantinople, make 971 Aunes of Amſterdam.
100 Aunes of Amſterdam, make 102 Pies of Conftantinople.
100 Pies of Aleppo, are reckoned to make 98 Aunes of Amſterdam.
100 Aunes of Amſterdam, make 102 Pies of Aleppo.
100 Pies of Alexandria and Roſette, make 97 Aunes of Amſterdam.
100 Aunes of Amſterdam, make 103 Pies of Alexandria, &c, and tne Corres
ſpondency of all the other Meaſures in Europe are to be found in the following
Table.
A TABLE

916
THE WORLD.
GENERAL COMMERCE OF
A TABLE of the AGREEMENT and CORRESPONDENCE
which the LONG Measures of the PRINCIPAL
Places in EUROPE have with each other.
PŠ
TheAunes, or Ells of Amſterdam, Haerlem, Ley-
den, the Hague, Rotterdam, and other cities of
Holland; as alſo that of Nuremberg, being all equal,
are comprehended under that of Amſterdam. As
thoſe of Oſnabrug are under thoſe of France ; and
thoſe of Berne and Baſilare equal to thoſe of Ham-
burgh, Franckfort, and Leipfick:
Aunes of
Aunes of England.
Amſterdam.
*puullen so
Anvers, Bruſſels, &c.
Aunes of Brabant, or
Paris.
Aunes of France, or
and Cologn.
THCS
Sileſia.
Aunes of Hamburgh,
Aunes of Breſlaw in
Annes of Danizick.
Franckfort, Leipficka o
Drontheim.
Stockholm.
Aunes of Bergue and
Linens.
Aunes of Sweden, or
Cloth.
Aunes of St. Gall, for
Aunes of St. Gall, for
Aunes of Geneva.
Canes
and Montpelier.
bi,
Caſtres, &c.
of Marſeilles
Palms.
Canes of Toulouſe, Al-
Canes of Genoa of nine
Canes of Rome.
London.
Yards of England, or
Varas of Spain.
Liſbon.
Varas of Portugal, or
Liſbon.
Cavidos of Portugal,or
Braſſes of Venice.
logna, Modena, Mantua.
Braſſes of Bergamo, Bo-
Leghorn.
Braſſes of Florence and
Braſſes of Milan.
or
60 100
120
335 76
т
48
96
871152
Make
200
100 Aunes of England
100 Aunes of Holland, or Amſterdam.
100 Aunes of Brabont, or Anvers.
100 Aunes of France.
100 Aunes of Hamburgh, Franckfort, &c.
100 Aunes of Breſlaw
100 Aunes of Dantzick
100 Aunes of Bergue and Drontheim,
100 Aunes of Sweden or Stockbolm
100 Aunes of St. Gall, for Linens.
100 Aunes of ditto for Cloth
100 Aunes of Geneva.
100 Canes of Marſeilles and Montpellier.
100 Canes of Toulouſe, and high Languedoc
100 Canes of Genoa, of nine Palms
100 Canes of Rome.
100 Yards of England.
100 Varas of Spain.
100 Varas of Portugal, &c.
ico Cavidos of Portugal, &c.
102 Braffes of Venice.
100 Braſſes of Bergamo, &c.
100 Braſſes of Florence and Leghorn
100 Brafles of Milan
100 1663 1624 972 200242081874 1834 1943 143 1863|100 584 62}| 50155125 13310131663 1703 174319472144
981581 125 112100 1163 86 1112
60
35
372 30 | 33 75 80 61 100 102 105111728
60 1011 100 60 1217 (126114 113118 87 113 604 35 38
304
81 911101103, 106118 130
102 1741 166100 2052 2131192188 199 147 913102595 645 523 56128133104171 174$179. 1995|219
50 835 182 48.9 100 1045 934 914 97 713 933 50
29 311 251 271) 624 663 504| 83 85 871 97 107
80
79 46
100 1909 88 931|68 893 48 28 30 24 26 60 64 484 80 818493102
53389
1064 1111100 | 98 1047994|533133275 2951 561715 545 89 90 931034 1145
54 $ 91 893 534 1095 1131023100 106
781102
54 313 34
274
30
68 725 55 91
92 953106115
52; 871
86 514
105 11094 974 964100| 7541 98 524 30 32 263 281 65 70 537 871 874 92 102 1121
70 116 11755681 140 145 3131128136 10041303 90 404 432 351 381 873 925 71 116 119 12271364 1497
53 893 889/ 52107'5 11001 981 102 76100 53 314 333 275 297 67 71 543 891 915 94 104 1143
994, 1663 164} 973 20871873 183/194;14331861 100 58 621 505 55 11244 331101_1663170 1755193 2145
282167; 3435 3577_3214314; 3331246 13204171100 1075 87 94521432283 174 286 2914 301 33353671
160 266 263) 156 320 3331300 29331122912981160 931100 81 | 88° 200 213 1624 266 272, 2803 309 3423!
196 327 3 323 191; 392 408367535923812814 366 1965|14|1223 100 108 2444 261/1993 3273333; 3445 381 420 |
299177) | 363 3713404 3333574260} 33941815106 1133 924 100 22742425 1845 303 309 319 353 3894
80 1133 131 78
“
160 166:50, 146/155114149;! 80 46 50 44, 100, 1068111331 136 14015481715
75 125 1231 735 | 159
150 11561 140|137146 1073 140 75 433| 465 385
385 41| 93100 761 125 12713131453 1601
983 164
96
196 205 1841 1801191141 183}| 983 574 61 545|123 1315100 164 1671172191 2103
981 581 125 112 110 1163 85 112
35 371 303 33 75 80
61 100 102 1051117 128
584198 963 575 317 3 12211101107114 8441091) 584 341 364 294 32 73 784 591 98 100 10351141126
57 95 93 553
114
1181106-1041 813 10657
334353 29 31 711 76
58
95 97 100 101
515 8518 845 50 102 106 963 96 999 733 951 5130
32 26 28 94 684 525 857 875 99 100 1094
464 78
77
923 97|| 873 874 91
67 87 464 273 294 235 251 582 625
794 82.91 100
1713,286
1815 303
403
162
50
60 100
I 20
60
122
بی ام
5 47 4781
By Means of the above TABLE may be ſeen, viz. that ioo Aunes of Holland make 98 of Brabant or Anvers, and 58; Aunes of
France. And the ſame in Reſpect of the Agreement of all other Meaſures therein mentioned, which may be eaſily found, by going along
the Lines, to the Column of the Meaſure fought: For Example ; if it is wanted to be known how many Canes of Marſeilles or Montpel-
lier, make 100 Aunes of France, look for this latter in the left Hand Column, and from thence trace the Line to the Column which
has at the Head, Canes of Marſeilles and Montpellier, and it will be found, that 59$ Canes make the 100 Aunes, and ſo for the Reſt.

OF MEASURES, &C.
917
The following are the Meaſures of France and other Countries reduced
into Feet, Inches, and Lines
, of which 12 Lines make an Inch, and
12 Inches a Foot, which may in fome Meaſure illuſtrate the preceding
Table. bomozom
N N N N Naaw
I
-
I
9 10
I II
-
I
1
3
-
M = M N O P = 0 0 =
2
2
2 ditto
bro 9100
29tLJNA togtoilib vd Feet. In. Lines
The Aune of Paris contains and -9 -
3 7 8 little more
The Cane of Provence, Avignon, and Montpellier to
6 o
9
The Cane of Toulouſe, and Varra of Arragon
6
5 5
The Yard of England
9 II
The Aune of Holland, Antwerp, and Tournay
O II little more
The Aune of Flanders, Brabant, and Germany i
5
The Varra of Caſtille
7
2 little more
The Varra of Valencia in Spaino
97
The Ras of Piedmont, and the Baſle of Lucca
The Baſſe of Venice, Bolognia, Modena, and Mantua
3
The Palm of Genoa
9
The Braſſe of Bergamed -
The Braffe of Florence
9 42
The Yard of Seville
2 6 II
The Cane of Naples
6 10
The Aune of Troyes, and Arc in the Duchy of Bar
5
I little more
The Aune of Life and Arras
The Braffe of Milan for Silk -
I 7 5
The Ditto for Woollens lon-
O II little more
DICH
un
To the above Contents of various Meaſures, I herewith add a Correſpondency of
the Length of a Foot in divers Places into Parts,
Parts.
The Foot in England, divided into
The Royal Foot of Paris udsoubo14
1068
The Foot of Leyden
1033
The Foot of Amſterdam
942
The Foot of Antwerp
The Foot of Louvain
The Foot of Malines
919
The Foot of Middleburg
991
The Foot of Dort
nad
1184
The Foot of the Brille
1103
The Foot Rhindlandick, and that of Berlin
1033
The Foot of Vienna
1053
The Foot of Frankfort on the Maine
The Foot of Cologn
954
The Foot of Straſbourg
920
The Foot of Bavaria
Roma - -
954
The Roman Foot
907
The Foot of Venice
1153
The Foot of Mantua
1569
The Foot of Turin
1062
The Foot of Caſtile
The Foot of Toledo
Sui-
899
The Foot of Liſbon
917
The Foot of Copenbagen
965
The Foot of Dantzick
944
1831
1000
946
958
3
948
I
1
1
I OOI
The Foot of Riga
roula
IO Z
The

918
GENERAL COMMERCE OF THE WORLD.
The ſame receptive dry Meaſure as is uſed for Corn ſerves alſo in England for
Salt, Lime, Coals, &c. they being all meted by the Wincheſter Meaſure, tho' the
firſt is now generally ſold from the Pits by Weight, reckoning 71b. Avoirdupois
to the Gallon, or sólb. to the Bufhel, in Freight Computation 42 Buſhel is ac-
counted a Ton, 5 Buſhel is a Sack, and 4 C. Wt. a Quarter. When fold by Meaſure
this Commodity and Coals muſt be heaped, or elſe five ſtricken Pecks are allowed
to the Buſhel, and of the latter 36 Buſhels make a Chaldron. In other Parts of
Europe, Salt (which is a more ſtaple and current Merchandize than almoſt any
other) is bought and fold by different Meaſures, according to the ſeveral Places of
its Diſpatch : For at Amſterdam (where vaſt Quantities are imported) it is ſold by
the Cent. of 404 Meaſures, or Scheppels, which Cent, is reckoned to be feven
Laſts or 14 Tons, and the Laſt to weigh 4000lb. fo that the ſaid ſeven Lafts or
14 Tons make 28000lb. called the Cent. of Salt, which alſo contains 208 Sacks,
tho' fome of this Commodity is much heavier than others. Salt is carried to Am-
ſterdam and all the Cities of Holland, Flanders, Brabant, Zeland; other Places of
the North, and up the Baltick, from Marans, Brouage, Sude, the Ifles of Rhé and
Oleron; Meche, Rochelle, and other places of Saintonge, and the Country of
Aunis ; from Poliguen, Croiſil
, Guerand, the Bay of Bourneuf, and other Parts
of Bretagne ; from St. Ubes in Portugal, and from Cadiz, Alamat, and Ivica in
Spain.
In the Cities and other Parts of France, Salt is fold by the Muid, whoſe Size
varies, according to the different Places of its Manufacture and Diſpatch: At Paris
this Meaſure is reckoned to contain 12 Setiers, or 48 Minots, which Minot is alfo
divided into lefs Fractions.
The Cent. of Salt, from Marans, Brouage, Sude, the Iſles of Rhé, &c. contains 28
ſtriken Muids, and each Muid 24 Boiſſeaux, which yields at Amſterdam 11_, Laſts
or 23 Tons, a little more or leſs, aecording to the good or bad Metage made at
the Ponds, or its Waſte in the Voyage. The Salts of the Iſle of Rhé and Brouage
are deemed heavier than thoſe from Oleron, Marans, Mornac, &c. And the Cent.
of thefe weighty Salts yields at Hamburgh 11 to 11 Lafts, which are 45 to
46,0oolb.
In Denmark, or Copenhagen, the ſaid Cent. only renders 9: Laſts, the Laſt be-
ing reckoned here equal to 18 Tons, and the 50 Lafts to correſpond with 52
of
Coning ſberg; at which Place the Cent. produces about 10 Laſts, or 40,000lb.
At Riga the ſaid Cent. yields the ſame Meaſure as at Coningſberg, and about 6
Lafts of Riga make the great Cent. of Amſterdam.
The ſaid French Cent. produces at Dantzick in to 12 Laſts that Meaſure, of
which Lafts 71 to 7make likewiſe the great Cent. of Amſterdam.
At Stetin in Pomerania, the French Cent. yields 10 Laſts, making 40,000 lb.
Meaſure and Weight of the ſaid Place.
In Portugal, Salt is bought by the Muid, of which four make a Laſt, and ſeven
the Cent. of Amſterdam, containing (as above) 404 Scheppels.
At Alamat and Ivicu it is ſold by the Modin, which weighs from 27; to 28 C.
Engliſh, and at-both Places the Quantities made are prodigious, being all for the
King's Account
Of Liquid Meaſures in Great-Britain, the ordinary ſmalleſt one is called a Pint
(with its Fractions) of which two make a Quart, two Quarts make a Pottle, two
Pottles make a Gallon ; eight Gallons make a Firkin of Ale, and nine a Firkin of
Beer; two Firkins a Kilderkin, and two Kilderkins a Barrel; one Barrel and half
a Hogſhead, two Hogſheads a Pipe or Butt, and two Pipes a Ton.
The Engliſh Wine Meaſures are ſmaller than thoſe of Ale and Beer, and arepro-
portioned as 4 to 5; ſo that four Gallons Beer Meaſure are almoſt five Gallons of
Wine Meaſure; of which latter a Gallon is 231 Cubical Inches, and eight Pounds
one Ounce, and 11 Drams Avoirdupois of Rain Water. Of theſe Gallons a Rund-
let of Wine holds eighteen, half a Hogſhead 31, Gallons, a Tierce 43 Gallons, a
Hogſhead 63 Gallons, a Puncheon 84 Gallons, a Pipe or Butt i 26, and a Ton 252
Gallons, or 2016 Pints ; by which Meaſure is ſold Wine, Brandy, Vinegar, Cyder, &c.
Foreign Veffets for containing Wine, Vinegar, &c. have various Denominations,
according to their different sizes, and Places of their Fabrication.
e is calledo
3
The
TO OF M É A SU RES, &c.
919
The Woeders of Germany, for holding Rheniſh and Mofelle Wines, are different
in their Gauges; ſome containing 14 Aumes Amſterdam Meaſure, and others more,
or leſs. La
The Aume is reckoned at Amſterdam for eight Steckans, or 20 Verges or Veer-
tels; or for of a Ton of two Pipes; or four Barrels of France or Bourdeaux,
which is called at this latter Tiercon, becauſe three of them make a Pipe, or
two Barrels, and fix the ſaid Ton.
The Steckan is 16 Mingles, or 32 Pints; and the Verge or Veertel is in reſpect
of ſaid Rhenifh and Moſelle, and fome other Sorts of Wine, of fix Mingles; but in
meaſuring Brandy, it conſiſts of fix Mingles. The Aume is divided into four
Anckers, and the Ancker two Steckans or 32 Mingles.
The Ancker is taken fometimes for of a Tun, of four Barrels; on which
Footing the Bourdeaux Barrel ought to contain at Amſterdam (when the Caſk is
made according to the juſt Gauge) 12 Steckans, or 200 Mingles, Wine and Lees;
or 12 Steckans or 192 Mingles racked Wine; ſo that the Bourdeaux Ton of Wine
contains 50 Steckans or 800 Mingles, Wine and Lees; and 48 Steckans, or 768
Mingles, of pure Wine. 208 399
The Barrels or Poinçons of Nantes, and other Places on the River Loire; con-
tain only 12 Steckans Amſterdam Meaſure. The Wine Ton of Rochelle, Cognacs
Charente, and the Iſle of Rhé, differs very little from the Ton of Bourdeaux, and
conſequently from the Barrels and Pipes .
A Ton of Wine of Chalollë, Bayonne, and the neighbouring Places, is reckoned
60 Steckans, and the Barrel 15, Amſterdam Meaſure.
The Muid of Paris contains 150 Quarts, or 300 Pints, Wine and Lee, or 280
Pints clear Wine; of which Muids three make a Ton, and the Fractions are,
The Muid
[ 36 Setiers
do 20 The Setier
4 Quarts
The Quart
2 Pints
containing
The Pint
2 Chopins
The Chopin
2 Demi-Setiers
The Demi-Setier
2 Poiſſons
The Muid is alſo compoſed of Pipes, Poinçons, Quarteaux, Queues, and Demi-
Queues. Theſe Poinçons of Paris and Orleans contain about 15 Steckans,
Amſterdam Meafure, and ought to weigh with the Caſks, 666lb. a little more or
lefs.
In Provence they reckon by Milleroles. The Millerole of Toulon weighs about
130lb. Mark, and ought to contain 66 Paris Pints, which is nearly equal to 100
Pints of Amſterdam.
In Lower Languedoc, as at Montpelier, &c. the Muid contains 18 Setiers, and
the Setier 32 Pots or Peckez, ſo that the Muid makes 576 Pots, and yields at
Amſterdam 35 Steckans, or 560 Mingles ; ſo that the Pot or Peche of Montpellier
is leſs than the Mingle : But the Caſks of Montpellier are never of an equal Ĝauge,
and fome Muids containing more than others.
The Butts or Pipes from Cadiz, Malaga, Alicant, Benicarlo, Saloe, and Mataro,
in Spain, and from the Canaries ſubject to that Crown, from Liſbon, Oporto, and
Fayal in Portugal, are very different in their Gauges, though in Affreightments are
all reckoned two to the Ton.
Vinegar is meaſured as the Wine; but as the Meaſures for Brandies are different,
I ſhall now give an Account of them.
Theſe Spirits from France, Spain, Portugal, &c. are generally ſhipped in large
Caſks, called Pipes, Butts, and Pieces, according to the Places from whence they
are exported, and differing in their contents, not only from one another, but even
among thoſe embarked at the ſame Place.
re
In France Brandy is ſhipped in Caſks, called Pieces at Bourdeaux, and Pipes at
Rochelle, Cognac, the Ife of Rhé, Nantes, and other neighbouring Places ; which
contain (as before obſerved) ſome more and fome leſs, even from 60 to 90 Am-
ferdam Verges, or Veertels, according to the Capacity of the Veffels, and the
Places they come from, which being reduced into Barrels, will ſtand as follows,
viz,
to encimania
oldsob to cross At

son
920
GENERAL COMMERCE OF THE WORLD.
27 Veertels
At Rochelle, Cognac, the Iſle of Rhé, and the County of
Aunis
At Nants, and ſeveral Places of Bretagne and Anjou 29 Veertels
At Bourdeaux and different Parts of Guienne
32 Verges
per
Barrel.
At Amſterdam and other Cities of Holland
30 Veertels
At Hamburgh and Lubeck
30 Verges
At Embden
27 Verges
In Provence and Languedoc Brandy is fold by the Quintal, the Calks included,
and at Bruges in Flanders the Verges are called Seſters, of 16 Stops each, and the
Spirits fold at ſo much per Stop.
The Mingle of Brandy at Amſterdam weighs 2lb. 4 oz. Mark Weight, and the
Verge or Veertel 141b. a little more or leſs; at which Rate the 30 Verges muſt
weigh 420lb.
The Pieces of Brandy ſold at Bourdeaux commonly contain from 50 to 80 Ver-
ges, and 32 Verges is reckoned (as has been mentioned) to a Barrel; the Verge
contains 37 Pots, or a little leſs, and the Barrel near 110 Pots, Bourdeaux Meaſure.
Olive Oil is alſo ſhipped in Calks of various Sizes, according to the Cuſtom of
the Places where it is embarked, and for the Conveniency of Stowage. Gallipoly,
Leghorn, France, Majorca, and ſeveral other Parts of Spain, Portugal, &c. fupply
the northern Parts of Europe with this Commodity, as well for Eating, as cleanſing
of Woolens, and making of Soap. In England it is ſold by the Ton of 236
Gallons, and at Amſterdam by the Ton of 717 Mingles, or 1434 Pints ; the Caſks
it is imported in contain from 20 to 70 Steckans, at 16 Mingles per Steckan, the
Mingle weighing alb. and 2, 3, 01 4 'Ounces, according to the Place of the Oil's
Growth.
It is reckoned that the Barrel of Oil at Genoa weighs near 187 lb. Nett
Weight, which is equal to 1251b. at Amſterdam, and 14 of theſe Barrels or there-
abouts make the ſaid 717 Mingles, which ought to weigh 1750lb. at the laſt men-
tioned Place.
At Leghorn the Barrel of Oil weights 85lb. which a little exceeds 591b, at An-
ſterdam, and is more frequently ſhipped in Jars and Flaſks than Calks.
In Provence it is ſold by Millerols of 66 Paris Pints, which make about you
Pints of Amſterdam.
From Spain and Portugal' it is brought in Pipes or Butts of different Gauges ; at
the firſt it is ſold by Roves, of which about 40 go to the Butt, and at the latter by
Almoudas, whereof 26 make a Pipe; the Almouda contains 12 Canadors, and the
Canador makes near a Mingle at Amſterdam.
Train Oil is ſold in England by the Ton, and at Amſterdam by the Barrel of 12
Steckans.
Honey is ſold with us by the Pound, though in Amſterdam, where great Quantities
are imported from Bourdeaux, Bayonne, Bretagne, Provence, Hamburgh, Bremen,
and ſeveral other Places, it is ſold by the Ton, or Barrel.
Beer at Amſterdam is commonly put in Tons or Barrels, half, quarter, and half
quarter of Barrels, and ſometimes in Pipes, Butts, and other ſuch large Caſks for
their Eaſt and Weſt India Proviſions. The Ton or Barrel ought to contain i Aume,
or 8 Steckans, making 128 Mingles, and the other Veſſels in Proportion.
Of COINS, both real and imaginary.
In England, the Copper ones are a Farthing and Half-penny, the latter being two
of the former.
In fine Silver of the Standard of 11 oz. 2 dwt. called Sterling, the ſmalleſt Piece
is one Penny, others of two Pence, three Pence, four Pence (called alſo a Groat)
and fix Pence, a Shilling, or 12 Pence, a Half-Crown, or two Shillings and fix
Pence, and a Crown, or five Shillings.
In fine Gold of 22 Caráts, called al lo Sterling, a Guinea (now worth 21 Shillings)
half a Guinea, fome few two and five Guinea Pieces, and fewer ones.
Accounts are kept in Pounds, Shillings, and Pence (the firſt and laſt imaginary)
and Exchanges are calculated in one of them two.
In France, the Gold Species are Louis, with its Diminutions of į and 4, and
its Augmentations of double and quadruple.
ز

Of
4
OF COINS, &c.
921
2
IO
I
IO
I
I
Of Silver the Crown or Ecu, with its Fractions, which at preſent paſſes for 3
Livres, though it has been up to more than 7 Livres.
Of Silver and Braſs mixed, the Sol. And
Of Copper the Liard, which is of a Sol, or 3 Deniers. A Double 2 Deniers.
And a Denier or of a Sol. But the Value of theſe Coins have been ſo often
changed, ſince May 1718, that it is impoflible to aſcertain their preſent Value
without Recourſe to the different Ordinances concerning them, which are very
long, and would render their Quotation more tedious than profitable to my
Readers, which may juſtly apologize for my Omiſſion of them.
Accounts are kept throughout the Kingdom in Livres, Sols, and Deniers, of
which 12 Deniers make a Sol, and 20 Sols a Livre; their Exchange is by the
Crown of 3 Livres or 60 Sols.
3
In Holland, the Gold Coins are
Ducatons
[15 Guilders, and 15 Stivers
Ducats
worth
5
5
Souverains
115
Roſe-Nobles
į11, though of theſe very few are ſeen.
Silver Coins.
Ducatons
3 Guilders and 3 Stivers
Drie-Guilders
3
Rixdollar or Patacon
Croons
worth 2 Of thisCoin very few to be metwith.
Dollars
Goud Guilders, or Golden Guilders
.8
Guilders
Here are alſo and Rixdollars; Schellings (of which ſome are worth 6, and
others only 57 Stivers ;) here are alſo Stivers (of which 20 make a Guilder) divi-
ded into 2 Deniers de gros, or 8 Duytes, or 16 Penins, though theſe two laſt De-
nominations are imaginary.
Here are beſides ſeveral other Coins, particularly fome ſmall ones, of 2, 3, 4, 8,
and 12 Stivers.
Accounts are kept at Amſterdam and Rotterdam, the two chief trading Places,
in Guilders, Stivers, and Penins, ſo that although Goods are ſold for other Species,
ſuch as Livres de gros, @c. yet all are reduced to the above Denominations for
the Entries into their Books. The Exchanges are made with us in ſo many
Schellings to a Pound Sterling, though to moſt other places in Deniers de gros.
Foreign Coins are very many, both of Gold and Silver, but are not current here
at any fixed Price, but (as other Commodities) riſe and fall according to their
Plenty or Scarceneſs.
In Ruſia, 3 Coppecks is an Altin, 10 Coppecks i Grieve, 25 Coppecks is a
Polpoltin, 50 Coppecks is a Poltin, 64 Coppeck's is a Dollar, and 100 Coppecks
or 19 Grieves is a Rouble ; an Engliſh Crown paſſes there by Weight, for 120 to
130 Coppecks.
Accounts are kept in the trading Places of this Empire, in Roubles, Grieves, and
Moſcofques (2 of which make a Coppeck) or in Roubles and Coppecks. Their
Exchange is only on Holland, and negociated in either Roubles or Coppecks.
In Norway, a Rixdollar is fix Daniſh Marks, a Mark fixteen Shillings, and at
Cooperwyk, Larrwyk, Mardou, Vlekeren, Yedder, Stafanger, Romſdal, and Dron-
theim, the Rixdollar is worth 4 Oorts, and the Oort 24 Daniſh Schellings.
In Denmark, the Rixdollar is worth 4 Oorts, or fix Daniſh Marks, the Oort 24
Schellings, or 1 Mark, the Mark 16 Schellings, and the Schelling three Penins ;
2 Daniſh Marks make 1 Mark Lubs, and at Bergen, Accounts are kept in Daniſh
Rixdollars, Marks, and Schellings. But little is done in Exchanges from this
Kingdomn, and the few that are tranſacted from Copenhagen, are in Daniſh Rix-
dollars of fix Marks for current Rixdollars of Amſterdam.
In Stockholm and the Reſt of Sweden, the Dollar is worth 4 Marks, and the
Mark 8 Oorts, or Runſticks (which is an imaginary Specie;) 2 Marks make a
Mark Lubs, and here are Copper Rixdollars of 6 Dollars or 24 Marks; here is alſo
Silver Money called Silvergelt, or Silvermunt, and one Mark Silver Money is reckoned
worth 2 Copper. The Silver Dollar is divided into 3 Marks, and the Mark into


II A
3 Oorts,
922
GENERAL COMMERCE OF THE WORLD.
Holland, Slech Dollar for 30 to 35 Stivers, and often Rixdollars, for Rixdollars
3
Oorts; though they have no ſuch Coin as a Runſtic (or Rontſtuken) yet they
reckon two of their Copper Farthings to a Runſtic, 3 Runſtics to a Witton, 10;
Wittons to a Copper Dollar,
Accounts are kept in this Kingdom in Dollars, Marks, and Oorts, and the Ex-
change is made between a Copper Rixdollar of 24 Marks of Stockholm, and a cur-
rent Rixdollar of 50 Stivers of Amſterdam.
At Cracow in Poland, their common Coins are, Gros, of which 18 make i Oort,
and 30, one Guilder ; a Specie Dollar is 40 Gros, and worth about two Shillings
Sterling. A Rixdollar is 5 Oorts, or 90 Gros; a Gold Ducat is 6 Guilders. A
Croſs, and a Specie Dollar, paſs at uncertain Value from 3 to 4 Guilders, as there
is a Premium upon them that ſometimes amounts to 10 and 15 per cent. Accounts
are kept here in Guilders, Gros, and Deniers, (of which latter 18 make a Gros,
and 30 Gros a Guilder) or in Rixdollars and Gros, reckoning 90 of the latter to the
former.
At Riga the Rixdollar is go Gros, and divided alſo in 15 Riga Marks, and into
3 Poliſh Guilders; the Poliſh Guilder muſt therefore conſequently make 5 Riga
Marks, and is alſo divided into 30 Poliſh Gros; a Gros is 3 Whittons, or 6 black
Ditto. A Voirding is i Gros, or 41. Whittens, or 9 black Ditto.
Accounts are here kept in Rixdollars and Gros, and it is in the former of theſe
Species that Exchanges are made with Rixdollars current of Amſterdam.
At Revel and Nerva, the Rixdollars conſiſt of 64 Whittens or go Gros: Ac-
counts are kept in theſe two Places in Rixdollars and Whittens, where they have
likewiſe Copper Plate Dollars, which they uſe in Exchange.
At Coningsberg, Elbing, and Dantzick, the Rixdollar is divided into go Poliſh
Gros, or into 3 Poliſ Guilders, and the Gros into 18 Penins or Deniers.
At theſe Places Accounts are kept in Rixdollars and Gros, or in Poliſh Guilders,
(called alſo Timpfhen) Gros and Deniers or Penins. They exchange on Amſter-
danı in Poliſh Gros, for a Livre de Gros of 6 Guilders current Money of Amſter-
dam, and on Hamburgh for the Rixdollar.
At Stetin, 36 Stivers, or Schellings Lubs, make a Rixdollar, and Accounts are
kept here in thoſe Species, and Remiſſes made in them.
At Lubeck, the Rixdollar is worth 3 Marks Lubs, or 48 Schellings Lubs ; the
Mark being divided into 16 Schellings, and the Schelling into 12 Penins or De-
niers. Accounts are kept here in Marks, Schellings and Deniers or Penins Lubs,
in which their Exchanges are made.
At Breſlaw the Rixdollar is worth 30 Silver Gros, and the Gros 12 Fenins.
It is alſo divided into go Creutſers, and the Creutſer into 4 Fenins, and the faid
Rixdollars are called imperial Money, augmented by 17 Creutſers.
Accounts are kept at this Place in Rixdollars, and Silver Gros and Penins, in
the firſt of which Species Exchanges are made on Amſterdam for a certain Number
of Stivers, Bank Money, and on Hamburgh for Rixdollars of Breſlaw, againſt
Rixdollars of Hamburgh Bank.
At Hamburgh, the Mark, or Mark Lubs, is divided into 16 Stivers Lubs, and
the Stivers into 12 Deniers Lubs. The Rixdollar is 48 Stivers Lubs, or 3
Lubs, beſides which many foreign Species are current at this Place, ſuperfluous
be mentioned here, as they will be taken Notice of where they are coined.
Here Accounts are kept in Marks, Schellings, and Deniers Lubs Bank Money
by thoſe who have Caſh in the Bank; but by thoſe who have not, their Books are
generally kept in Rixdollars, Schellings, and Deniers current Money. This is
a great Place of Exchanges, in which it negociates with moſt Parts of Europe.
I Ihall therefore be a little particular in their Currency.
- Hamburgh gives to
London, from 32 to 38 Schellings Flemiſh per Pound Sterling.
Mark
to
with a Premium.
Berlin, Rixdollars for Rixdollars, with a Benefit of ſo much per
Cent.
Leipfick and Dantzick, ditto.
Flanders, Mark Lubs, for Flanders Stivers.
Sweden, the Rixdollar, for Copper Marks, and fometimes at a Premium of ſo
much per Cent.
Muſcovy,

OF COINS, &c.
923
current.
E
Muſcovy, the Rixdollar for an uncertain Number of Coppecks.
Franckfort, the Sletch Dollar, againſt fome Creutzers of Exchange, or Rixdol-
lar for Rixdollar at ſo much per Cent.
Nuremburgh, the Merchant's Dollar, for current Creutzers, and Rixdollar for
Rixdollar, with a Premium.
France, a Number of Schellings Lubs, for the French Crown of three Livres.
Spain, Ditto, for the Ducat of 375 Maravedies.
Portugal, a Numbes of Deniers, for the Cruſade of 400 Reas.
Geneva, the ſame as with Paris and Lyons'; and it is a Cuſtom to draw Bills
upon Lubeck payable in Hamburgh; the Term Lubs being derived from the
former of theſe Places, (once the Capital of the Hanſe Towns) as it is here
that the Schellings Lubs are coined.
Venice, a Number of Groots, for a Ducat of 24 Soldi Banco.
At Bremen, the current Coins are a Rixdollar, divided into it Double, or 3
ſingle Bremen Marks, or 24 double Schellings, or 6 Head Pieces, or 72 Gros, or
360 Swaar. A double Mark
A double Mark is 48 Gros, 4 Head Pieces or 240 Swaar. A double
Schelling is 3 Gros or 15 Swaar. A Gros is 5 Swaar, and a Swaar is a Penin.
At this place Accounts are kept in Rixdollars and Gros, and it exchanges on
Amſterdam Rixdollars of 72 Gros, for Rixdollars of 50 Stivers Banco.
At Leipſick, and Naumbourg, a Rixdollar is 24 Groś, and the Gros 12 Fenins.
Said Dollar is likewiſe i Rix Gould or Rix Guilder, and this Piece is worth 16
Gros. A Ducat is 4 Guilders, or 2 Rixdollars; beſides which they have 8, 4, 2,
1 and 1 Gros Pieces, and ſome ſtill ſmaller, of 9, 8, 6, 4, and 3 Fenings.
Theſe two Places keep their Accounts in Rixdollars, and Crowns, Gros, and
Fenings, and their Exchange Money is worth 10 to 20 per Cent. more than the
If Bills are made payable here in current Money, they are diſcharged
of their Amounts in Pieces of 4 Gros, and the other in gros Pieces; but if they
are drawn to be paid in Exchange Money they muſt be ſatisfied in Rixdollars,
often termed Crowns of Exchange.
At Brunſwick and Oſnabrug the Rixdollar is divided into 36 Mariengros, and
the Mariengros into 8 Penins, in which Specie their Exchanges are alſo nego-
ciated.
At Berlin, the Rixdollar is worth 3 Guilders or 90 Gros (about 45. 6d. Ster-
ling)a Guilder 20 Brummers, or 30 Gros, 18 Groſs an Oort, and 5 Oorts the Rix-
dollar. A Brummer or Abraſe is i Gros, i Groſs is two Polchen or 18 Penins,
and 1 Schelling is 6 Penins or Derniers.
In this City and the Kingdom Accounts are kept in Guilders, Gros, and Penins,
and the Exchanges made in Rixdollars, for Amſterdam, Hamburgh, Augſburg,
Nuremberg, Breſlaw, Switzerland, and London, when any thing is done direct
here, though this is very ſeldom, as Tranſactions of this Nature commonly paſs
through Amſterdam and Hamburgb.
At Zurich, the Rixdollar or Ducat is worth 28 Batz and 2 Schellings of this
Money, which are worth more than the Switz Batz, and leſs than thoſe called
good Batz; the Guilder of Zurich called the good Guilder; is 16 Batz, or 40
Schellings of this place. The Batz is worth 2, Zurich Schellings; the Schelling
6 Anſters, or i Creutzer, of which latter 4 make the Batz.
At this Place Accounts are kept in Rixdollars, Creutzers, and Hellers ; their
Exchange is commonly made in Zurich Money; reckoning their Rixdollars
(worth about 45. 6d. Sterling) at 108 of their Creutzers.
At Zurzach, moſt of the Switz Coins are current; and
At Schaf houſe, the Rixdollar is worth 27 good Batz, the Guilder of Zurich is
worth here 15 ditto. The good Batz makes to Baps, or 4 Creutzers.
At Berne, the Rixdollar is worth 30 common Switz Batz. The good Guilder
of Zurich is worth 16 Batz, and 2 Schellings Switz; and the Batz is worth 4
Creutzers, or 2 Schellings.
At St. Gal, the Rixdollar is worth 25. Batz, or 102 Creutzers. The Guilder
is 15 Batz, or 60 Creutzers. The Schelling is 6 Creutzers or 11 Batz. The good
Batz is 5 Creutzers. The common Batz 4 Creutzers. The Creutzer 4 Hellers
or Penins.

I
In
924
GENERAL COMMERCE OF THE WORLD.
In this Canton, Accounts are kept in Guilders, Creutzers, and Penins, St. Gal
Money, or under the ſame Denominations, in the Coins of the Empire. It gives in
Exchange to Vienna, Nurembergh, Augsburgh, and Bolfano, a Number of its
Guilders, for others of ſaid Places; the ſame to Venice for Ducats Banco; ditto to
Geneva for Crowns of that Place; and the like to Lyons for the French Crown.
At Bafil, the Rixdollar conſiſts of 27 good Batz, the good Guilder 15 good
Batz, or 60 Creutzers. The good Baiz is 10 Raps, or 4 Creutzers. The Guilder
of the Empire is here worth 25 Schellings or Plapperts, or 20 Gros; the Gros
7. Raps; and the Plappert 6 Raps.
Accounts are varioully kept in this Canton, ſome in Rixdollars, Schellings, and
Deniers, ſome in Livres, Schellings and Deniers, ſome in Rixdollars, Creutzers,
and Penins, and ſome in Guilders, Creutzers, and Penins; they exchange as
Zurich does, and their Rixdollar is worth about 45. 6d. Sterling.
At Strasburgh, the Rixdollar is valued at i Guilders, or 15 Schellings, 90
Creutzers, 3 Livres or 60-Sols.
Livres or 60-Sols. A Guilder is 10 Schellings, or 60 Creutzers, or
2 Livres, or 40 Sols. A Livre is 20 Sols,
A Livre is 20 Sols, 5 Schellings, or 30 Creutzers. A
Schelling is 6 Creutzers, or 4 Sols. Exchange from hence is tranſacted with
moſt places in the Silver of Alſace, which is the ſame with the Silver of France:
the Rixdollar being here reckoned at 3 Livres Tournois, the Agio being com-
monly from 1 to 2 per Cent.
At Geneva the Gold Coins are Piſtoles, worth 40 Florins 3 Sols, or 11 Livres
10 Sols Tournois. Ducats worth 22 Florins, or 6 Livres, 6 Sols, or ſomething
better, though few of theſe Coins are now met with. The Silver Monies are
Crowns, worth 10 Florins 6 Sols, or 3 Livres. Pieces worth i Florin 9 or 10 Sols
Tournois. Pieces of 10 Sols 6 Derniers, or 5 Sols Tournois. The Copper are, Pieces
of 6 Sols, 3 Sols, I Sol, and 6 Deniers, 9 Deniers, and 6 Deniers of Geneva ; be-
ſides which there are Silver Pieces of 2 Florins, and i Florin, though of theſe
there remain but few. The Geneva Florin is worth 5 per cent. leſs than 6 Sols
Tournois. The Exchanges are in Crowns of 3 Livres Tournois (called alſo by ſome
Rixdollars) and almoſt all the foreign Coins of Europe are current there.
At Cologn the Rixdollar (computed at 45. 6d. Sterling) is divided into 78 Al-
buſſes; the Albus into 12 Deniers, or 2 Creutzers, and the Creutzer into 4 Hel-
lers. The Dollar is worth here 52 Albuffes. The Guilder 24 Albuſſes. The Blaf-
fart 4 Albuſſes; and Accounts are kept in Rixdollars, Albuffes, and Penins, and
their Exchanges with Amſterdam are for Rixdollars of 78 Albuffes, for Rixdol-
lars current Money there at a fluctuating Premium.
At Franckfort ſur Maine and Hanaw, the Rixdollar is 90 Creutzers, and the
Creutzer 4 Hellers; but as the current and exchange Money is ſo very different,
and not readily to be calculated, I herewith add a Computation made by Monſieur
John Peter Ricard, in Hopes it may (at leaſt to ſome) be both agreeable and
uſeful.
100 Guilders of 65 Creutzers exchange Money, make
108 Guilders, 20 Creutzers, of 60 Creutzers exchange Money.
87 Rixdollars, 62 Creutzers, of 74 Creutzers ditto.
88 Rixdollars, 6 Creutzers, 371d. of 90 Creutzers current Money.
132 Guilders, 6 Creutzers, 3 id. of 60 Creutzers current Money.
100 Guilders of 6o Creutzers exchange Money, make
92 Guilders, 20 Creutzers of 65 Creutzers exchange Money.
81 Rixdollars, 6 Creutzers of 74 Creutzers ditto.
81 Rixdollars, 27 Creutzersd. of go Creutzers current Money.
121 Guilders 57 Creutzers.d. of 60 Creutzers ditto.
100 Guilders of 60 Creutzers, current Money, make
75 Guilders, 45 Creutzers of 65 Creutzers Exchange Money.
82 Guilders of 60 Creutzers, ditto.
66 Rixdollars, 36 Creutzers, of 74 Creutzers, ditto.
66 Rixdollars, 6o Creutzers, of 90 Creutzers current
Money.
100 Rixdollars of 74 Creutzers Exchange Money, make
113 Guilders, 55 Creutzers, of 65 Creutzers exchange Money.
123
Guilders, 20 Creutzers of 60 Creutzers ditto.



5
100 Rixdollars
OF COINS, & Co
925
,
100 Rixdollars 24 Creutzers 1 d. of 90 Creutzers current Money.
150 Guilders, 24 Creutzers 1.fid. of 60 Creutzers ditto.
100 Rixdollars of 90 Creutzers current Money, make
113 Guilders, 35 Creutzers, of 65 Creutzers exchange Money.
123 Guilders of 60 Creutzers, ditto.
99 Rixdollars, 54 Creutzers, of 74 Creutzers ditto.
150 Guilders of 60 Creutzers current Money.
N. B. i Guilder of 60 Creutzers is reckoned worth about 35. Sterling.
At this place Accounts are kept in Rixdollars and Creutzers, and the Difference
of the Exchange Money from the current, is ſhewn in the preceding Calculation.
At Vienna many foreign Coins have a Currency, but their own is the Iinperial
Ducat of 4 Guilders, the Rixdollar in Specie of 2 Guilders. The imaginary Rix-
dollar of in Guilder, or 90 Creutzers, the imaginary Guilder of 60 Creutzers.
The Schelling of 7 Cruitzers and 2 Deniers. A Gros is 3 Creutzers, 2 Deniers.
A Patre, is 4 Creutzers. A Penin and Denier is the ſame; and 3 Deniers are a
Dreyer. Accounts are kept here in Guilders, Creutzers, and Penins, reckoning 8
Penins to a Creutzer. This Place exchanges with London a Rixdollar for an un-
certain Number of Pence (commonly between 4 and 5 Shillings.) With Holland
the ſame for an uncertain Number of Stivers. With Nuremberg and Augsberg,
Rixdollars for Rixdollars with an uncertain Premium. With Venice an uncertain
Number of Rixdollars for 100 Ducats Banco. And with St. Gal 100 Guilders
of 60 Creutzers, for an uncertain Number of thoſe Guilders.
At Embden, the Money moſt in Uſe are Rixdollars, valued at 2 Guilders, 14
Stivers; and their Exchange is almoſt confined to Amſterdam, between Rixdollars
and Rixdollars, and ſometimes Guilders againſt Guilders, both with a Premium
of ſo much per Cent.
Bolzano is a Placeconſiderable in Exchanges with ſeveral Parts of France, Italy,
Switzerland, and Germany. The Species moſt current here, are the German Rix-
dollars and Dollars, the former worth 90 and 93 Creutzers; the Guilder of 60
Creutzers is likewiſe in Uſe here. It exchanges with Lyons an uncertain Number of
Creutzers for a French Crown. With Rome the ſame for a Crown. With Florence
Ditto for that Crown of 7 Livres. With Bergam the Rixdollar of 93 Creutzers
for an uncertain Number of Soldi. With Venice the ſame, for a Number of Soldi
Banco. With Ancona, the Guilder of 60 Creutzers for an uncertain Number of
Bajoches. With Bologne ditto, for a Number of Soldi. With St. Gal 100 Guil-
ders for an uncertain Number of Dittos that Money. With Frankfort an uncer-
tain Number of Rixdollars of 90 Creutzers, for 100 Rixdollars of that Place;
and with Augsberg and Nuremberg the ſame.
At Nuremberg and Augsberg, the Guilder is 15 Batz, 20 Imperial Gros, or 60
Creutzers; the Creutzers four Hellers, and the Rixdollar is i Guilder, or 90
Creutzers (near 45. 6d. Sterling) 22; Batz, or 30 Imperial Gros; a thick Dol-
lar is iš Guilders, or 25 Batz, or soo Creutzers; a Gros is 3 Creutzers or 12
Deniers, and a Batz is 4. Creutzers, or 16 Deniers.
Accounts are kept here in Guilders, Creutzers, and Hellers, and the Exchanges
on Amſterdam and Leipfick are in Rixdollars for Rixdollars, with a Premium.
On Venice in Guilders for Ducats de Banco; and on Vienna, Prague, and Breſlau,
in their Guilders, for other Imperial Money.
At Liege, a Livre is 20 Schellings, and the Schelling 16 Fenins. The Crown
or Rixdollar of this Place, is worth 4 Livres, which are reckoned on a Par with
the Rixdollars of 50 Stivers current Money of Amſterdam.
Here Accounts are kept in Livres, Sols, and Deniers ; and Exchanges made in
Livres for Guilders of current Money in Amſterdam.
At Antwerp, Bruſſels, Malines, Ghent, and Bruges, the Livre de Gros is 20
Schellings de Gros, and the Schelling 12 Deniers de Gros; called here, at Amſter-
and at Antwerp, as well as in Brabant and Flanders, are two Sorts of Money,
or rather one Sort with two different Values, for the famę Species are varioully
reckoned in their Currency, or by Exchange. For Exchange, the Patagon or Rix-
dollar is here reckoned for 8 Schellings, or 48 Stivers in Exchange-Money, though
for 56. Stivers current Money; and the Schelling de Gros, which is 6 Stivers in
Exchange,



II B
926
GENERAL COMMERCE OF THE WORLD.
Éxchange, paſſes for 7 Stivers in the Currency; ſo that there goes 116 Guilders
or Livres de Gros Currency to 100 Ditto Exchange; 100 Livres de Gros, Bank
Money at Amſterdam, is commonly worth 2 to 4 per Cent. more than 100 Livres
de Gros Exchange Money at Antwerp.
In Spain, the Gold Coins are the ſame all over the Kingdom, viz. the four,
two, and ſingle Piſtole Pieces, as alſo the Piſtole. The Silver Coins are the
Weſt-India Dollars (with its Fractions of , , or two Rials, one Rial, and Rial
of Plate) now worth 10 Rials of Plate, whereas ſome Years ago, its Value was
no more than 8 of the ſaid Rials, and the Piſtole then worth but 32 Rials that
is now current at 40 Rials; theſe Dollars all come milled from Mexico; but
from Peru they ſtill come unmilled as formerly, being the ſame in Value às
the others, with this only Difference, that of theſe no leſs than Dollars and half
Dollars are current, the leſſer Fractions having been cried down above 20 Years
ago. When the late Emperor was in Poſſeſſion of Spain, he coined a pretty large
Quantity of Peſtareens (or Dollars) which being of a baſe Alloy, King Philip V.
lowered their Value 20 per Cent, on his coming to the Crown, ſo that inſtead
of four, five of them went to the Dollar, and the ſaid King coined many Dol-
lars with their Fractions during his Reign. The Copper Money is very va-
rious, and almoſt Provincial; that at Cadiz and in Caſtile, are double and ſingle
Quartos and Ochavos, of which two Ochavos make a Quarto, and two ſingle
Quartos make a double one; 17 Quartos make 2 Rials Vellon, which is now an
imaginary Coin, though formerly it was the principal one of the Kingdom. A
Maravedie is alſo another imaginary Specie, of which 17 is reckoned to a Rial
Vellon. The Ducat is alſo a fictitious Coin of u Rials of Plate in Purchaſes, Sales,
and all other mercantile Tranſactions, except in Exchanges, when it is valued at
11 Rials of Plate and 1 Märavedie, or 375 Maravadies. In the Kingdom of Va-
lencia, the Copper Coin is peculiar to it, being called Dineros, of which
30
make
a Rial of Plate, and 24 a Rial current (being an imaginary Coin) of which 10
were reckoned of equal Value with 8 Rials of Plate, and 2 to be the ſame as 3
Rials of Vellon; here are alſo ſome few pieces of 3 and 6 Dineros, much
about the Size of our Half-pence and Farthings; and as the Currency of this Coin
is very conſiderable (though confined to the Kingdom of Valencia only) they are
made
up
into Papers of 2 and 3 Dollars each, and ſo received and paid unopened,
very often to the Value of ſeveral thouſand Dollars; but in Caſe of any Suſpicion
they are weighed. At Barcelona, their Copper Money is again different, and 14
Rials Ardites are there reckoned to the Dollar; ſo that I cannot help taking No-
tice of the Errors all Authors that I have ſeen run into, by making the Coins
and the Entries in Accounts the ſame all over Spain; and where any one has va-
ried under a pretended Correction of his Predeceffors, he has done it, in ſo erro-
neous a Manner, , as to leave the Account worſe than he found it. At Cadiz, Ac-
counts are kept in Rials of Plate, and its Fractions; in Caſtile in Maravedies, in
Valencia in Livres or Dollars, Sueldos or Dineros (of which latter 12 make a
Sueldo, an imaginary Specie) and 20 Sueldos, a Livre or Dollar. In Catalonia
in the Species above-mentionod of Ardites; and ſo in ſeveral other parts of the
Kingdom, which I thought proper to mention, as neceſſary to rectify the Miſtakes
made in this Matter.
This Kingdom exchanges with London, a Dollar or Piece of Eight for an un-
certain Number of Pence. With Brabant, Flanders, Holland, Zealand, and Ham-
burgh, its Ducat of 357 Maravedies, for a Number of Groots; with France for lo
many Maravedies against the French Crown,or the Piſtole for ſo many Livres, &c.
with Portugal, the Ducats for Cruſades, or a Piſtole for the Number of Reas ;
with Novi, an uncertain Number of Maravedies for the Crown Mark; with Venice
the ſame, for a Ducat Banco ; with Florence Ditto for the Ducat of 7 Livres;
with Leghorn the ſame for the Dollar; with Milan the ſame for the Ducat of
115 Soldi; with Naples the ſame for the Ducat of 10 Carlins; and Ditto with
Palermo and Meſſina for the Florin of 6 Tarins.
In Portugal, the current Coins are many, viz.
In Gold:
The Piece of 25 Mil, 600 Reas, worth in Sterling Money L 7 4
The Piece of 24 Mil, or
L7
5
Moidores
The




O
6 15
OF COINS,
, &C
927
1
3 7 6
I 16
ооооо
1
o 18
нооооо
9
O
1
4
4
2
3
ооо
2
I
o
O
O
O
O
O
O
O
O
The Piece of 12 Mil, Soo Reas.
fr. 3 12
The Piece of 12 Mil Reas. or 21. Moidores
The Piece of 6 Mil, 400 Reas
The Piece of 4 Mil, 800 Reas, or a Moidore
17
The Piece of 3 Mil, 200 Reas
The Piece of 2 Mil, 400 Reas, or the Moidore
O 13
The Piece of 1 Mil, 600 Reas
The Piece of 1 Mil, 200 Reas, or the : Moidore
6
The Piece of 8 Teſtoons, or 800 Reas
The Silver Coins are,
The Crown, or Cruzade Piece of 400 Reas
The 10 of a Moidore, being 480 Reas
85,
The 12 Vinten Piece, or 240 Reas
4
The 5
5 Vinten Piece, or 100 Reas
61
The 2 Vinten Piece, or 50 Reas
35
In Copper:
The Vinten, or 20 Reas
In
The Vinten, or 10 Reas
22
Vinten, or
Reas
Beſides which, there are ſome few Copper Coins of leſs Value, current in that
Kingdom.
Accounts are kept there in Reas, making a Separation at every hundred Thoua
ſand, &c. and it exchanges with London 1000 Reas, or a Mil Rea, for an uncer-
tain Number of Pence; with Hamburgh, Holland, and all the United Provinces,
a Cruſado for ſome Pence Flemiſh; with Spain an uncertain Number of Reas for
the Ducat or Dollar ; with France the ſame for a French Crown; with Florence
Ditto for that Crown of 7. Livres; with Genoa, the ſame for a Scudi; with Leg-
born, the ſame for a Dollar of 6 Livres.
At Genoa and Novi, many Species of foreign Coins are current, but their own
are the Dollar, of 5 Livres, the common Dollar or Ducat of 4 Livres ; 12 Dena-
ris make i Soldi; 4 Soldis a Chavelet; and 5 Chavelets, or 20 Soldi, a Livre.
Accounts are kept in theſe cities in Livres, Soldi, and Denari, or in Dollars
of
100 Soldis exchanging on London the Dollar of 5 Livres for a certain Num-
ber of Pence; on Amſterdam, and Antwerp, ditto for a Number of Groots; on
Spain the ſame for ſo many Maravedies; on Portugal the ſame for Reas; on
Geneva the ſame for a Crown with a Premium ; on Venice the imaginary Crown
of 90 Soldi, for an uncertain Number of Venetian Soldi; on Milan ditto for a
Number of Sols of the Empire; on Rome an uncertain Number of Soldi for that
Crown; on Paris the Dollar for an uncertain Number of Sols; on Leghorn an
uncertain Number of Soldi, for the Dollar of fix Livres; on Naples the ſame for
the Dollar of nine Carlins.
At Milan, many Sorts of money are current as at. Genoa, but their own Spe-
cies are Livres, Soldis, and Denari, to be counted like Pounds, Shillings, and
Pence, viz. 12 Denaris make a Soldi, &c. and Accounts are kept here in thoſe
Species. This is a conſiderable Place of Exchange; and gives to London a Ducat
for an uncertain Number of Pence; to Spain Ditto for a Number of Maravedies;
to Venice the ſame, for a Number of Soldi; to France, an uncertain Number of
Soldi for a Crown Tournois; to Florenee ditto, for that Crown of 7 Livres; to
Genoa the ſame, for the Dollar of five Livres; to Novi, the ſame for a Crown
Mark; to Rome 100 Crowns for an uncertain Number of ſtamped Crowns. Be-
fides which it exchanges with many other places.
At Rome, the Crown is worth io Julios, and the Julio 10 Bajoches. The
Crown is alſo divided into 20 Soldi d'Or, and the Soldi d'Or into 12 Denari.
Accounts are kept here in Crowns, Julios, and Bajoches, or Grains and Quar-
trins; and it exchanges with London, a ſtamped Crown for an uncertain Number
of Pence; with Genoa, the ſame for ſome Soldi; with Bergam and Bologne, Ditto
for Ditto, with Ancona 100 Ditto, fora Nurnber of their Crowns; with Spain one
Ditto, for an uncertain Number of Maravedies; with Blozamo the ſame for ſome
Creutzers ; with France an uncertain Number for 100 French Crowns; with Ve-
nice, the ſame for 100 Ducats Banco ; with Leghorn, the ſame for 100 Dollars;



ز
1
with
928
GENERAL COMMERCE OF THE WORLD.
with Novi ditto for 100 Crowns; with Lucca 100 ditto for an uncertain Number
of thoſe Crowns of ſeven Livres.
At Leghorn the Dollar is worth fix Livres, or 20 Soldi, and the Soldi 12 De-
rari, and the Ducat is worth 7 Livres.
At this place Accounts are kept generally in Dollars, Soldi, and Denari; and
the Exchanges are made on London by giving a Dollar of 6 Livres for an un-
certain Number of Pence; on Holland the fame for a Number of Groots; on France
the ſame for a Number of Sols; on Portugal the like, for a Number of Reas;
on Florence the ſame for ſome Soldi; on Genoa, ditto for ditto; on Venice, an
uncertain Number of Dollars, for 100 Ducats Banco; on Naples, 100 Dollars for
a Number of Ducats of 5 Tarins ; on Novi ditto, for the like Number of Crowns,
with a Premium ; on Rome ditto, for an uncertain Number of Crowns; on Geneva
ditto for ditto; and beſides, it exchanges with many other Places, in the ſame
Manner as its Capital Florence does.
At Florence, 5 Quartrins make a Craca or Grain, 8 Grains a Julio or Paulo,
12 Grains a Livre, and 7 Livres, or 150 Soldi, a Crown.
They here keep their Books and Accounts in Crowns, Soldi, and Denari ;
Picoli, or Current; and exchange the Crown of 7: Livres with London, for an
uncertain Number of Pence; with Spain the ſame for Maravedies; with Portu-
gal ditto for Reas ; with Milan ditto for Soldi; with France an uncertain Num-
ber of ditto for 100 Crowns Tournois, with Novi ditto for 100 Crowns of that
Place; with Venice ditto for 100 Ducats Banco; with Naples ico ditto for an un-
certain Number of Ducats; with Leghorn an uncertain Number of Soldis, for the
Dollar of 6 Livres; with Lucca 100 Crowns for an uncertain Number of Crowns
of 7 Livres; with Rome ditto for an uncertain Number of Roman Crowns; with
Amſterdam, Antwerp, and Genoa, the ſame as from Leghorn to thoſe Places.
At Lucca the Crown is worth 7 Livres 1o Soldi, the Livre 20 Soldi, and the
Soldi 12 Denari, all d'Or, and they keep their Accounts therein.
At Naples, ſeveral 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 5d. Sterling.
Accounts are kept here in Ducats, Tarins, and Grains; and Exchanges made
with Spain, by giving a Ducat of 10 Carlins for an uncertain Number of Mara-
vedies; 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 100 Dollars, Crowns, Ducats, ſtamped Crowns, and Crowns
Tournois, 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 Carlinsis a Florin, 13
Tarins a Ducat, and 12 Tarins a Current Crown, which is about 55. Sterling.
Accounts are kept in this Iand 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 7 Livres; with Novi the fame 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 Piſtole 29 Livres ; the Chequin 17 Livres ; the Teftoon two
Livres 14 Soldi; · Ditto or a Julio, 18 Soldi; a Soldi 12 Denari; a Livre Picoli is
20 Soldi, and about gd. Sterling. Accounts are kept here in Livres, Soldi and De-
nari, Picoli or current; but the Bank Entries are in Livres, Soldi, and Groſſes.
It deals very conſiderably in Exchanges, 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 Crown Tournois; to Spain, one Ducat for a Number of
Maravedies; to Holland, Brabant, and Hamburgh, a Ducat for a Number of
Groots; to Novi, an uncertain Number of Ducats for 100 current Crowns; to
Naples, 100 Ditto for an uncertain Number of Ducats, of 10 Carlins; to Leg-
born, 100 Ditto for a Number of Dollars of 6 Livres; to Lucca 100 Ditto for
an uncertain Number of Crowns of 7 Livres; to Rome the fame, for an uncer-
tain Number of Crowns; to Genoa, an uncertain Number of Soldi Banco for the
Crown of four Livres : to Milan the ſame, for a Crown of five Livres 15

Soldi;
to
OF COINS, &C.
929
to Franckfort, Nuremberg, and St. Gal, 100 Ducats, for an uncertain Number
of Guilders of 60 Creutzers.
At Bologna Accounts are kept in Livres, Soldi, and Denari, the Livre being
20 Soldi, and the Soldi 12 Denari. The Money is a Crown worth four Livres
five Soldi, or 85 Boulonins. Here is likewiſe a 'Teſtoon valued at one Livre 10
Soldi; a Jules at 20 Quartrins, and the Soldi Bayock, or Boulonin, at fix Quar-
trins. Many Coins of the Empire, France, and Spain, paſs current here, and it
exchanges with France an uncertain Number of Soldi for one Crown Tournois ;
with Naples the ſame, for the Ducat of 10 Carlins ; with Venice, the Crown or
Dollar of 85 Soldi, for an uncertain Number of Soldi ; with Rome an uncertain
Number of Soldi, for the Crown of 10 Julios ; with Lucca the ſame for the
Crown of 7 Livres; with Florence ditto for the Ducat of ſeven Livres.
At Bergam many foreign Coins are current, and their Accounts kept in Livres,
Soldi, and Denari, of which 20 Soldi make a Livre, and 12 Denari one Soldi.
The Ducat or Crown of Exchange is reckoned at 7 Livres, and of theſe it gives
to Novi an uncertain Number for 100 Crowns of that Money ; to Milan the ſame
for the Ducat of 5 Livres and 15 Solai; to Lyons ditto for a Crown Tournois ; to
Rome Ditto for a Stamped Crown; and to Venice a Crown for an uncertain Num-
ber of Soldi.
At Parma Accounts are kept in Crowns of 20 Soldi, and one Soldi is 20 De-
nari. The Merchants Crown is reckoned 4 Livres, with an unſettled Premium.
At Modena Accounts are kept in Lires, Soldi, and Denari ; they have alſo a
Ducat of 5 Livres, with many other foreign Coins current here.
Mantua has the ſame Species and the ſame way of Reckoning as the laſt men-
tioned Place.
And at Ferrara and Ancona Accounts are kept, and the Species the ſame as at
Rome.
In the Iſland of Sardinia, Accounts are kept, as in moſt parts of Italy, in Livres,
Soldi, and Denari; the Dollar or Pieces is worth 9 Rials, and the Rial 15 Soldi,
Sardinian Money, and the Livre 20 Soldi ; ſo that the Dollar is valued at 6 Livres,
18 Soldi, or 138 Soldi, that Illand's Currency.
At Placentia Accounts are kept in Crowns, Soldi, and Denari of Maak, of which
12 Denari make a Soldi, and 20 Soldi the Crown. This Place always gives in
Exchange an entire Sum, viz. a whole Crown, or 100 Crowns, &c.
In the Iſland of Malta Accounts are kept, and Money is the ſame with that of
Sicily, being Silver; Copper, or Braſs, of which the latter are the current Species;
and in Negociations of Purchaſes, or Sales, it is always ſtipulated whether Payment
ſhall be made in Silver or Braſs Money, the former being eſteemed 50 per cent.
better than the other. Six Pichili make a Grain, 10 Grains a Carlin, two Carlins
a Tarin, and a Deci Tarini 10 Tarins, beſides which many foreign Coins are cur-
rent on the Iiland.
In Savoy and Piedmont, the Species are Madonines or Piſtoles of Savoy, worth
13 Livres ; Ducatoons worth 7 Florins, or 84 Soldi ; the Savoy Crown, worth
Livres, 12 Soldi; the Livre worth 20 Soldi; and the Soldi worth 4 Quartrins
or Liards. Accounts are kept here in Livres, or Lires, Soldi, and Quartrins'; and
their Exchanges are in Ducatoons.
In the 11land of Candia, the faine Coins are in Uſe, and the fame Method of
Accounts practiſed as at Venice. In their Meaſuring two Picos are uſed, the one
for Silk, and the other for Woolens; 100 of the former making about 61, Yards
Engliſh, and 100 of the others four Yards more. The Weights of this Iſle are alſo
two; the Suttle and great Weight: 100lb. of which latter very nearly correſpond
with 1181b. Avoirdupois, and the 100 Suttle make about 761b. Ditto.
In the Morea, Accounts are kept as in Venice, or Turkey, according to which
of theſe Powers the Place is ſubject, though they generally reckon in their Deal-
ings by the Dollar of 80 Aſpers. In computing their Weights, they reckon 11
Drams to an Ounce, 12 Ounces to the Pound, 31b. to the Ocque, 132/b. to a
Quintal (of about 117_1b. Engliſh) though in weighing Raw Silk, they count 15
Ounces to the Pound. Oil is told here by a Meaſure called the Lever, weighing
about 7:16. of which 10 make near 15 Engliſh Gallons, or 112;lb.
Corn
3

IIC
930
GENERAL COMMERCE OF THE WORLD.
per Place.
Corn is ſold here by the Bochel, of which 9 make 8 Buſhels Wincheſter Mea-
ſure, and their Wine is ſold by the Loder, containing about 8 Gallons Engliſh;
which Weights and Meaſures I mention here, as they were omitted in their pro-
At Conſtantinople, the current Coins are golden Sequins, worth 243 Aſpers.
The Piece reckoned at 120 Aſpers. The Paras or Medins worth 3 Aſpers,
and the Aſper worth a Trifle more than a Farthing Sterling. Many foreign Coins
paſs here, ſuch as Spaniſh Dollars (if weighty) at 108 to 110 Aſpers, and in Pro-
portion for what they are light; Caragrouſchs (Money of the Empire) for 120 AF-
pers; the Affelanis, Abouquels, and Lion Dollars of Inſpruck and Holland worth
116 Aſpers ; the Poliſh Abras, the Turks, Izelotes, Venetian, and Hungarian Ze-
kins, &c.
At Smyrna they uſe for current Money the Affelanis, and Abouquels, worth 80
Aſpers, the Scherifs of this Place being Pieces of Gold worth 2 Dollars.
At Alexandretta, or Scanderoon, as well as at Aleppo and Seyda the current Coins
are the Dollar worth 80 Aſpers, and under theſe Denominations all Accounts are
kept in theſe Parts.
At Alexandria, Roſetto, and Grand Cairo, the current Dollar is worth 33 Medini,
and the Abouquel, or Lion Dollar, 30 Ditto; the Aſſelani worth 32 Medini, and
the Spaniſh Dollar about 70. The Gold Coins are the Sultani, Xeriff, and Che-
keens, being each worth about 95. 4d. 5d. or 6d. Sterling.
The Places mentioned in the three laſt Articles ſhould not have been inſerted
here had their Connexion been leſs with Conſtantinople than it is, as their Situa-
tion is not in Europe, to which Part of the World I propoſed to confine the pre-
ſent Section of Meaſures, Weights, and Coins, which I have now finiſhed with all
the Accuracy I have been able; and though the greateſt Part of the preceding
Tables and Computations are collected from ſeveral Authors, and their Errors
(which were many) corrected, wherever I perceived them; yet I have not ſtopped
here, but alſo very conſiderably enlarged them, by the Addition of many prin-
cipal trading Places, that had been omitted by the Compoſers of the aforefaid
Calculations, who have generally copied from one another, and thereby propa-
gated the Miſtakes and overſights of the firſt Inventors, which are here (at leaſt
in ſome Meaſure) rectified and improved.
I ſhall next endeavour to give the beſt Account I can of the Weights, Meaſures,
and Coins of the other trading Parts of the World, with which I ſhall conclude
the Work.
At Caffa in the Black Sea, many foreign Coins are current, but thoſe in moſt
Eſteem are the weighty Mexican and Sevilan Dollars, which are always worth here
10 per cent. more than the Affelani, being continually brought up by the Arme-
nians, and ſent to Perſia. The Aſſelani paſſes from 90 to 100 Afpers; the
Venetian Zekin for 2. Affelanis (as at Conſtantinople;) the Abros paſſes for of
an Aſſelani; the Izelot for of Ditto, and the Turk for. The Ocque or Ok
of Caffa is the ſame with that at Conſtantinople : And they have two Sorts of
Long Meaſures, the one for Woolens and Silks, and the other for Linens, Cot-
tons, &c. both are called Pics, but the firſt for Diſtiction Pic-arſem ; the Linen
Pic is 30 per cent. bigger than that of Conſtantinople
At Kily, or Kilia, the Money conſiſts in Aſſelanis, worth ſometimes 115 or 116
Aſpers, as at Conſtantinople, their Price being generally governed by that of the
laſt City : The Izelot is received here for of the Dollar. The Sevilan and the
Caragrouſch have here the ſame Currency as at Conftantinople, and other Species
at a proportionable Value.
Ai Prevat, all Trade is carried on in Afſelanis, Abras, Turks, Izelotes, Venetian
and Hungarian Zekeens, Cheriffs, Aſpers and Paras; theſe Species being
monly 15 per cent. higher than at Conſtantinople
, as they are at Synope, Nicopolis,
and Cajtamboli.
At La Maſtre the current Coins are only the Affelanis, Quarts, Turks, Izelotes,
and Aſpers, the Sevilan and Caragrouſch Dollars not being ſo much as known here.
At Salonica, in the Archipelago, the Sevilan is worth 212
Aſpers, and the Sequin
Rouſpi 412. The Meaſure called the Guilot makes near half a Leghorn Sack, as
the Ocque does 37 lb. of that City, and the Pic is near a Dutch Ell.
In




com-
OF COINS, &c.
931
In Barbary the greateſt Part of the Money uſed is foreign : Here are, however,
ſome Coins ftruck by the Kings or Deys in their different Territories, though the
general Currency in theſe Parts are Spaniſh Dollars, French Crowns, Hungarian
Ducats, and the Turkiſh Golden Sultanins.
The Metecals are a sort of Gold Ducats made at Morocco by the Jews at their
Pleaſure, ſo that their Standard is very uncertain ; the Blanquiles are ſmall Silver
Pieces worth 2, French Sols, and the Felours are Copper, of which 8 go to a Blan-
quile. Dollars, Halves, and Quarters are almoſt the only foreign Coin current in
Morocco, where the Engliſh, French, and Dutch Gold and Silver, or the Spaniſh
Piſtoles are not received.
There is alſo coined at Tunis fome Species of Gold and Silver. The Sultanins
are of the former Metal, but heavier by than thoſe of Europe. The Navare
are of Silver, cut nicely ſquare; the Doublas and Burbas coined here are the ſame
in Value with thoſe of Algier.
The long Meaſure of Mequinez is the Palme, which is 8 French Inches, or
of the Paris Foot : And the long Meaſure of Santa Cruz inthe Kingdom of Mo-
rocco, is called a Coude, of which 100 Paris Ells make 225; the 100. Aunes of
Holland 133 ; 100 Engliſh Yards about 175; and a Cane of Provence 3 Coudes.
The real Coins are the Flux, Blanquille, and golden Ducat ; the Flux is of Cop-
per, and 16 go to the Blanquille, of which 4 make an Ounce, and 10 Ounces
or 40 Blanquilles make a Silver Ducat; the Golden one has no fixed Courſe,
but the Price of it varies according to its Scarceneſs or Plenty, from 12 to
15 Ounces. A weighty Dollar yields a Trifle more than 7 Ounces, given
into the Mint for making Blanquilles ; their Weights are 5 per cent. heavier
than the Mark Weights, and it has been found by Experience, that 100 Mar-
ſeilles Pounds, produce at Santa Cruz 97lb. and 100 of Santa Cruz yield 125 or 126
at Marſeilles.
At Algier the current Money made there, is golden Sultanines and Aſpers ;
Burbas, of which 6 go to an- Aſper, The Doubla is Silver, and worth a Trifle
more than the French Crown; the Rubick, Median, and Zian, are all Gold
Coins; the firſt worth 35, and the laſt 100. Aſpers; but theſe three Species are
particularly ſtruck at Tremecen. The foreign Coins that paſs here, are the Sul-
tanines of Morocco, the Portugal Golden Pieces, the Venetian Sequins, the Spaniſh
Piſtoles and Dollars of all Weights. The Value of theſe Species is not here
fixed, but varies (though not much) according as it ſuits the Government; not
but the Patique Chique (ſmall Dollar) or the Alper Dollar (which is an imaginary
Coin) is fixed and always worth 232 Aſpers; the of a current Dollar, com-
monly called the great Patique, which ordinarily weighs 27 Piſtoles, but is
ſometimes altered by the Dey. In 1725, the Sultanin of Algier and that of
Morocco, were worth 2 current Dollars and 4. Rials; the Venetian Sequin, 2 Dol-
lars 6 Rials; the Cruſade of Portugal 7 Dollars ; the Spaniſh Piſtole four Dol-
lars and 4 Rials; the Sevil and Mexican weighty Dollars 20 to the Pound, 3
ſmall Patiques and 7 Temins'; the weighty Leghorn Dollar, 3 current Dollars,
and 6 Rials; ditto of Tunis 3 Dollars, and 4 Rials; the great Pataque or current
Dollar of Algier, 3. ſmall Pataques, or 696 Aſpers ; the Temin is a ſmall
Rial, or Part of the little Pataque, that is 29 Aſpers; the Caroube is half a
Temin or 141 Aſpers.
The common Algier Quintal is 133lb. of Marſeilles, or 106lb. de Marc; the
Pound is generally compoſed of 16 Ounces, except in weighing Chocolate, Tea,
and ſimilar Commodities, when it is only 14 Ounces; the Pound of Dates,
Raiſins, &c. is 27 Ounces.
The Meaſure for Woolens and Linens is the Turkey Pic, of which 2 make i
Aune and 2 Inches Paris Meaſure; but Gold and Silver Stuffs and Silks are ſold
by the Moreſco Pic, three of which only make 2 of that of Turkey.
Though a conſiderable Trade is carried on to the prodigious extenſive Coaſts of
Africk, and though theſe are peopled by numerous different Nations, yet Coins
are unknown among them, and all their commercial Tranſactions are carried on by
Way of Barter, they having no other Money in Uſe, than fome Shells for the
Purchaſe of ſmall Matters, in moſt Places; and in Abyſſinia, or the Empire of
Prefter John, ſome Bits of Rock Salt only'; fo that this great Part of the World
affords



4
932
GENERAL COMMERCE OF THE WORLD,

affords me nothing to remark on the Subject I am at preſent engaged in, till we
come to the Ille of Madagaſcar, where, though Money is uſeleſs, yet they have
fome Weights, though only for Gold and Silver, and the biggeſt of theſe not
exceeding a Dragme, or the Gros, they having no Notion of Ounces of Pounds,
nor Terms in which to expreſs them. The Gros is here called Sompi; the De-
mi-gros, Vari; the Scruple or Pennyweight Sacare ; the Demi Scruple or Obu-
ley Nanqui, the fix Grains Nanque; the Grain unnamed among them. And all
other Merchandize are exchanged according to their Value, and not Weight.
They have likewiſe here long Meaſures, and thoſe of Continence, the latter like
Buſhels are called Troubahouache, or Moncha, that hold ſix Pounds of huſked Rice.
The Voule, not containing above half a Pound, and the Zatou, with which un-
huſked Rice is meaſured, and contains 100: Voules, being near 25 Pounds; they
have but one long Meaſure called Refe, which is very near an European Braſſe,
and they are not unacquainted with the Span, but open their Hand to de-
ſcribe it.
I ſhould here have proceeded to deſcribe the Weights, Meaſures, and Coins of
Afa, &c. as they are in Uſe at every Place, but as this would occaſion Repetitions,
I hall give them
alphabetically to avoid ſwelling this Article unneceſſarily.
Abagi or Abaſſia is a Perſian 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, ſo that the Abagi is 18 Sols. This specie is current through all Perſia;
and at Teflis and in all Georgia it is worth 22 Sols Tournois ; 4 Chaouris, or Sains,
make here an Abagi ; 1 Ufaltou, a half Abagi or 2 Chaouris ; 40 Aſpers or Car-
bequis make alſo an Abagi, and the Venetian Sequin is worth ſix Abagis and three
Chaouris.
Abas, a Perhian Weight for Pearls, being lighter than the European Carat.
Abucco, Abocco, or Abocchi, a Weight uſed in the Kingdom of Pegu, conſiſting
of 12 Teccalis; 2 Abuccos make the Agito or Gizo; 2 Gizos make i Demi
Biza, and the Biza weighs 100 Teccalis, about alb. 5 Ounces of the heavy, and
3lb. 9 Ounces of the light Weight of Venice.
Acre, or Lacre, an India Money.
Almene an Indian Weight of about 2lb, ſerving to weigh Saffron in many Parts
on that Coaſt.
Arah, an imaginary Money in the States of the Grand Mogul, particularly at
Amadabath, of which 4 make i Crou; a Crou worth 100 Lacs or Laques; and
the Lac 100,000 Roupies, or Rupees.
Baat, in Siameſe, and Tical in Chineſe, is both a Weight and Coin current in
the two Empires ; the Weight is 4 Mayons (in Siameſe Seling) the Mayon 2
Fouangs, the Fouang 4 Payes, and the Paye 2 Clams ; here are alſo Sompayes, in
Value of a Fouang. All theſe Weights are alſo Coins,or at leaſt Bits of Silver that
paſs 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 Livres Tournois) is 32
Sols and 4 Deniers that Money, as it weighs near an Ounce.
Bahar, Bahaire, or Barre, is a Weight uſed at Ternate, Malacca, Achem, and
ſeveral other Places in the Eaſt-Indies. There are two ſorts of them, the one called
the great Bahar, and the other the little one. By the firſt Pepper and all other
Spice is weighed; it is compoſed of 200 Catis; the Catis of 26 Taels, or 387
Ounces Portugueſe, each Tael being reckoned i Ounce that Weight; ſo that
the Bahar is 550lb. of Portugal, or 4811b. 4 Ounces of Paris, Straſburg, Am-
ſterdam, &c. The ſmall Bahar, by which is weighed Quickſilver, Vermillion,
Silk, &c. alſo conſiſts of 200 Catis, but each Catis is only 22 Taels, or 32
Ounces Portugueſe; ſo that this Bahar only makes 4581b. 13 Ounces of Portu-
gal, and theſe near 4011b.7 Ounces of Paris.
The Bahir of China is 300 Catis
, but theſe only make 200 of Malacca, each
Chineſe Catis containing no more than 16 Taels, one of which weighs 1.5
and conſiſts of 10 Malmace or Maſes, and each Mas 10 Condorins. The Bahir
of Mocha in Arabia, weighs 420lb. containing 15 Traffels
, the Traffel 10 Mauns,
the Maun 40 Tuckea, and the Tuckea 1o Cotfila.


Pieces
I
Baruth,
4
O
933
F COINS, &c.

hold near 3lb.
ay
Baruth, an Indian Meaſure containing 17 Gantans, that is 50 to 56lb. of
Pepper, Paris Weight, of 16 Ounces to the Pound, fo that the Gantan ought to
Bafaruco, a ſmall Indian Coin of two Sorts, the one termed good and the other
bad, whicla latter are leſs than the others; 3 good Baſarucos make 2 Portugueſe
Reas, 15 a Vintain, and
375 a Pardao-xerafin.
Batman, a Perſian Weight, of which there are two Sorts, the one called Batman
de Cahi, being the King's Weight, and the other the Batman de Tauris, from the
Name of a principal City in Perſia; that of Cahi ſerves to weigh as well the Ne-
ceſſaries of Life, as the Loads of the Beaſts of Burden. It weighs 12+lb. of Paris,
of 16 Ounces. That of Tauris only uſed in Affairs of Trade weighs 6:1b. or half
of the other, though by ſome it is ſuppoſed only to weigh 5lb. and 14 Ounces,
at which Computation it conſiſts of 6 Rattles, cach a Trifle leſs than a Parifan
d; the Derhem or Dragme, which is the fifth Part of a Pound; the Meſcal
of a Derhem, the Dung or the 6th Part of a Mefcal, and is equal to 6 Grains,
Carat Weight, and the Barley Corn, which is of the Dung; beſides which Di-
viſions the Perſians have that of the Vakie, about a French Ounce, and the
Sahcheray, conſiſting of 1170 Derhem.
Beforch, a current Coin of Ormus, very near in Value with the Liards of France,
10 of them make i Pais; 4 Pais 1 Soudis; 10 Pais i Chay (with four Dutch
Stivres) 20 Pais 1 Mamoudi ; 2 Mamoudis 1 Abbaſli ; 25, Pays 1 Larin ; 5 La-
rins the Real or Rixdollar; and 100 Mamoudis i Toman. They reckon in Or-
mus by Tomans, the ſame as in Holland by Livres de Gros.
Biis, both a Weight and Meaſure uſed on the coaſt of Coromandel in the Eaſt-
Indies. It is the of the Maun, containing 5 Ceers, and 1 Ceer, 24 Tols. See
Maun.
Biſa, Biza, or Bize, is a Money of Pegu, with the ſame Currency as a half
Ducati Biza or Piza is alſo a Weight in the ſame Kingdom for weighing of
Merchandize ; it is about 21b. 5oz. heavy weight of Venice, or 3lb. 9oz. the
ſuttle or light Weight of that City ; it likewiſe weighs 100 Tecalis ; beſides this
the ſmalleſt Weights are the Abucco, weighing 12. Tecalis ; the Agito, weighing
2 Abocchis, and 2 Agiti the Demi-Biza, that is 50 Tecalis.
Biſti, a ſmall Perſian Money, which ſome good Authors place among the current
Silver Coins of Perſia, and m. ke it worth i Sol, 4 or 6 Deniers Tournois ; but
others probably more credible, and among them Sir John Chardin, only reckon
the Biſti as an imaginary Coin ; it is true, they call it Dinar-Biſti
, which they
make to be worth To-ſingle Dinars; ſo that on this Footing, of 10,000 ſingle Di-
naries that go to a Toman (another imaginary Specie) there muſt be only 1000
of thoſe called Bifti.
Cabeer, a Money uſed for Accounts at Mocha, of which 80 are reckoned to a
French Crown,
Canan, a liquid Meaſure of the Kingdom of Siam, which the Portugueſe call
Choup; it contains near a Pot, or near 2 Pints of Paris ; · of the Canan is called
Leing, the ſame as the French Cyopine.
Candul, or Bandile, a Meaſure of Continence uſed in India, at Cambaya and
Bengal, for Rice and other Grain ; it contains 14 Boiſſeaux, and weighs near scolb.
and the Gauge of Ships is reckoned here by the Candül, as it is by the Ton in
Europe; ſo that when it is ſaid, a Veſſel is 400 Candüls Burden, it is to be un-
derſtood the can
alle we carry 200,000lb. or 100 Tons.
a Weight uſed in China and at Galanga, of which there are 2 Sorts ;
the ſmalleſt being 16 Mauns; the other, which is the heavieſt, conſiſts of 20
Mauns ; the firſt makes 3 Chintals good Weight, and the laſt 3
Chintals and
3
Rubis ; the Rubis making 32 Rotolis.
Cando, Candi, or Condi, a long Meaſure uſed in ſeveral Parts of India, and
particularly at Goa, where it correſponds with 17 Dutch Aunes, i per Cent.
bigger than the Aunes of Babel and Baſſora; and 6 more than the Varre, or
Aune of Ormus; Silks and Woolens are meaſured by the Varre, but Linens by
the Cando ; which Meaſure in the Kingdom of Pegu is equal to the Aune of
ia
"It is alſo a
Venice.
II D
Cas,
934
GENERAL COMMERCE OF THE WORLD.

are named
old ones,
ſome a the make of Gold; fo that
e of this Metal is foreign, and not coined
Cas, Caxa, Cayas, Cache, Caffe, and Cafie, is a ſmall Money of Lead, and the
Scum of Copper mixed; its principal Currency is at Bantam, and the Reſt of the
Iſle of Java, and in ſome neighbouring Illands; this. Money made at Chincheu,
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 ſtrung together ; this String,
called a Santa, has 200 Caxas, which are worth 9 Deniers; 5 Santas tied in a
Bundle, make 1000 Caxas, called a Sapacou, which make 3 Dutch Stivers and
9 Deniers. There is nothing more brittle than this Money, ſo that if it falls
it certainly breaks in many Pieces ; and if it lies but one Night in Salt Water,
they ſtick ſo cloſe together, that more than half is broke in their Separation;
the Malayans call them Cas ; but in the Language of Java, they are
Pitis. There are two Sorts of them, great and ſmall; the latter are thoſe I have
been ſpeaking of, whoſe Value is ſo ſmall, that 300,000 of them are only worth
about 56 Guilders, and 5 Stivers of Holland; the biggeſt are the old of
which 6000 are worth a Piece of Eight, and are very little different from the
Caches of China, and the Caſſies of Japan.
Cafava, Gafava, or Gazana, is
an
Eaſt-Indian Silver Coin, and one of the
Roupies current in the Dominions of the Grand Mogul, eſpecially at Ama-
dabath.
Cafbeque, Kabeſque, or Cabeſque, is a ſmall Copper Coin, only made, and cur-
rent in Perfia; it is worth about 6 Deniers Tournois, and the Demi-Cabeſque
one half. Pul, - is the common Name for all Copper Money in Perſa.
Cati, Catti, or Katti, is a Chineſe Weight, particularly in Uſe on the Side of
Canton. It is divided into 16 Taels, each T'ael making i Ounce, 2 Gros of
France; ſo that the Cati is ilb. 4oz. Mark; 100 Catis make a Pic, which is a
large Chineſe Weight, like the 120lb. of Paris, Amſterdam, Strasbourg, &c. The
Cati is alſo the only Weight at Japan ; it is likewiſe uſed at Batavia, and other
Parts of India, where it is lighter or heavier, according to the Number of Taels
it conſiſts of; for Example, at Java it is worth only 20. Taels, and at Cam-
folga allt
Cati is alſo a ſmall Weight which the Eaſtern Lapidaries uſe, for weighing
Emeralds, being only 3 Grains. It is likewiſe an Account Money uſed in
in Java,
and other neighbouring Illands, being near in Value to 19 Dutch Guilders, and
100,000 Caxes of Java go to the Cati.
Cavan, uſed in fome of the Philippine Iſlands, and eſpecially at Manilla, for
meaſuring Rice, and other Corn and Pulſe, containing 50 Spaniſh Pounds of the
firſt.
Chaye, Schai, or Chay, is the ſmalleſt Silver Coin that is made or current in
Perſa ; ſome pretend that this is the Biſti, which according to their reckoning
makes i Sol and 6 Deniers Tournois, although it ſeems certain, that the Biſti is
not a real, but imaginary Specie. The Chaye is worth juſt 4. Sols, 7 Deniers, and
i Maille of France.
Cheda, a Pewter Coin, made and current in the Kingdom of that Name, ly,
ing in the Eaſt-Indies, and in the Neighbourhood of the Great Mogul's Domi-
nions. There are two Sorts of this Money; the one of an Octagon, and the
other a round Figure; the firſt weighing 14 Ounce, and paſſes in the Country
for the Value of two Sols Tournois, although, on the Footing of 14 Sols per
Pound of Pewter, it ought not to be worth more than I Soi and
The round Cheda worth 4 Deniers, has 80 Cawries, or Maldivian Shells given
for it; both are received in the Kingdom of Pera, of which the King of Cheda
is alſo Maſter.
Cherafis
, or Tela, are Golden Medals ítamped in Perfia, erroneoully ſuppoſed
there.
Cheray, or Chaby, a Perſian Weight uſed in Trade ; this is what is other,
wife called the civil or common Weight, and is double that named the legal
Weight.
Cherif, a ſmall Gold Coin made current in Egypt, worth about 4s. Sterling.
Clam, a ſmall Weight, and imaginary Coin of Siam. Vide Baat.
Cobile,
baya 27:
SI

3
4
OF COINS, & C.
935
a
5 ,
Cobile
, Cobil, or Coude, a long Meaſure uſed in ſeveral Parts of India, being
unequal and varying as the Aune does in Europe. At Surat, Monſ. Tavernier
makes it 2 Feet and 16 Lines, King's Meaſure, and it is divided into 24 Taſots,
each Tafot a Trifle more than an Inch.
Cokein, an imaginary Specie, uſed in Japan, in Accounts, like the Piſtole in
many Parts of Europe, being in Value about 10 Livres Carolus of the Low Coun-
tries.
Coffila, a Weight of Mocha. Vide Bahar.
Cohi, a large dry Meaſure uſed in the Kingdom of Siam, for Corn, &c. It con-
tains 40 Seſtes, and the Seſte 40 Sats ; ſo that reckoning the Sat at a Trifle more
than 31b. Marc, and the Seſte 100 Catis, or 1251b. that Weight, the Cohi muſt
weigh exactly 5ooolb.
Laſt.
Commaſſe, or Connuale, a ſmall Money current at Mocha, and the only one
made there ; it has no fixed Value, but is dependent on the Governo's Caprice
for it; 60 Commaſſes and 80 Caveers (or Cabeers, in which Accounts are kept)
make a French Crown.
Compan, a Silver Money current in ſeveral Parts of India, particularly at Patane :
It is worth about 9 Sols, French Money, though it riſes and falls; and is near the
fame in Value and Alloy with the Maimoudi of Cambaye.
Condorin, a Sort of ſmall Weight, which the Chineſe, eſpecially thoſe of Can-
ton, uſe 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 in Malayan, or Laga in the Javan Language, is a ſcarlet Bean with a
black Spot on its Side, with thoſe two People uſe for weighing Gold and Silver.
Conodis, a ſmall Coin uſed at Goa, and in all the Kingdom of Cochin.
Cotta, a Sort of a Meaſure uſed in the Maldives, for meaſuring of Cauris, of
Cowries, a ſmall Shell that ſerves as Money in ſome Parts of Aſia, and the greateſt
Part of the Coaſts of Africk; it contains 12000 of thoſe Shells.
Couit, called alſo Guz, a Sort of Aune uſed at Mocha, for meaſuring Linens
and Silks, of about 24 Inches long.
Coupant, an oval Piece of Silver or Gold of Japan of various Sizes. The Big-
geſt of the Gold ones weigh 1. Ounce, which at 63 Shillings Sterling per Ounce
to 5l. ios. 3d. others about, as big both in Size and weight, are worth
il. i6s. gd. The Silver weigh about 7 Penny-weights, and all theſe Pieces are
not properly Coin, but are taken by Weight as ſuch.
Coupant is alſo a ſmall Weight uſed in the Iſle of Borneo, for weighing Dia-
,
monds, 10 of them making between 30 and 40
Carats.
Couron, more properly a Sum, than any particular Specie of Money, being uſed
at the Court of the Grand Mogul
. to expreſs the great Sums in the Finances of that
Sovereign, near the ſame as in France, and other European Courts, where theſe are
reckoned by Millions. It has been falſely called by Monf. Savari, Couroure,
Courou, and Crou, for its proper Expreſſion 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 theſe two laſt
run up ſo high as to be almoſt out of Uſe.
There was never an Occaſion to have the value of Courons ſo well known
or conſidered either in Europe or Afía, like the Occurrence at the Beginning of
1739, by the rapid and unheard-of Expedition of the famous Thamas Kouli-
Kan, Schach-Nadir of Perſia, againſt the City of Dehly, Capital of the Great
Mogul's Dominions, of which an exact Relation arrived to us in 1740, by Way
of Conftantinople, and made the Booty taken there amount to 111 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 ſo
immenſe,
as to ſtand unexampled in Hiſtory; and what makes it the more ſur-
prizing is, that almoſt all theſe Riches were taken in the City of Dehly only.
And the laſt would ſeem incredible, if it was not known, that the Silks, Cot-
tons, and other Goods, the Manufactures and Growth of this vaſt Empire, at-
tract and bring in here Plate from moft Parts, both of Aſia and Europe
, by the
many Ships that come yearly to purchaſe their Loadings with this Metal, In-
doſtar


9.36
wie
GENERAL COMMERCE OF THE WORLD.
doſtan being an Abyſs for it, where all that which America yields is ſooner or
later ſwallowed up by falling into the Hands either of the Prince or his Rajas,
who never let the Value of a Shilling return, Thamas Kouli-Kan having reſtored
the Empire he had conquered to the Mogul, impoſed on him (by the Treaty) an
annual Tribute of 3 Courons, or 30,000,000 of Rupees; which I ſuppoſe he has
been able to ſhake off ſince the Troubles in Perſa. I hope this little Hiſtory
will not be diſagreeable to my Readers, to whom I have been tempted to offer
it, by the extraordinary and uncommon Circumſtances of the Affair, and under
the Suppoſition that ſo punctual a Detail of it may not have fallen into every one's
Hand.
Daezajie, a Silver Coin, current in Perſia, being worth
5
Maimoudis; and 2
of them make the Hafaer Denarie,
Dank or Danek, a ſmall Silver Coin current in Perſia, and ſome Places of Ara-
bia; it weighs of a Dragme, and has its correſpondent Value. Dank is alſo a
ſmall Weight uſed by the Arabians, for precious Stones, and Drugs employed in
medicinal Compoſitions ; it is Part of the Arabian Dragme, or 8 French
Grains.
Derhem, a ſmall Perſian Weight of a Pound. Vide Batman.
Dinar, a Perſian Word, fignifying ſometimes all Sorts of Gold Coins, and at
other Times a ſmall imaginary Specie, worth i Denier.
Dinar Cheray, a Perſiun Weight of the Value of a Dollar, or Golden Ducat.
Ding, a general Name for all Weights at Siam, in particular; they have ſcarcely
any others feparate from their Coins, though this is only to be underſtood of the
Silver ones, Gold having no Currency here as Money, but is bought and ſold as
a Merchandize, and is worth twelve times as much as Silver.
The Weights of Siam, that have the ſame Name with their Money, are the
Cali or Schang, the Mayon or Seling, the Foüan, Sompaye, Paye, and the Clam.
Doudou is a Copper Money, current in ſome Parts of the Eaſt, particularly at
Suratte and Ponticherry; it is worth a Trifle leſs than 2 French Liards, ſo that
there goes 14 to the Gold Fanom of thoſe Places, or about 6 Sols Tournois ; and
I Doudou is worth 2 Caches.
to the imall Batman of Perſia, called the Batman of Tauris, and near 7200 to the
great, or King's Batman. Beſides the Dung, here is the Grain of Barley, reckoned
of it, ſo that the Batman of Tauris conſiſts of near 14,400 Grains of that Corn,
and the King's Batman as many again. Dung is alſo a Silver Coin, made and
current in Perſia, weighing 12 Grains.
Fano, a ſmall Weight uſed at Goa, and ſome other places in the Eaſt-Indies,
for weighing Rubies, being 2 Venetian Carats.
Fanon, or Fanos, a Coin current on the Coaſt of Malabar, Coromandel, in the
İdle of Ceylon, and ſeveral other Parts of India ; there are of them both Gold and
Silver ; the former not the ſame in all Places, either in Goodneſs or Weight,
which makes a great Difference in their Value: The heavieſt are not worth
above 5d. to 57d. Sterling, and the lighteſt little more than 5 Farthings; they
weigh ſeven Grains, but the Gold is of ſo baſe an Alloy, that 22 of them hardly
make half a Crown; theſe are made at Afem; and thoſe of Pegu are of the ſame
Weight, but being of a better Standard, 15 are equal in Value to the aforeſaid 22.
There are likewiſe Golden Fanons at Ponticherry, worth about 35d. 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 moſt above 2d. Sterling, 20 of them going
to the Pardo, a Portugueſe Money made at Goa.
Faratelle, a Weight made Uſe of in fome Parts of India, equal to alb. of Lif-
bon, of 14oz. Marc, or 1 of Paris.
Fayalle, an imaginary Coin, valued by ſome as the Piſtole of France, viz. 10
Livres, and by others 12: Livres ; which Difference apparently proceeds from
the firſt Valuation being made on the French Livre of 20 Sous, and the other on
the Livre or Guilder of Holland, worth 25 Sous.
Forle, or Fulle, a Copper Coin, made and current in Egypt, it is alſo called
Bulbe or Bulba, this specie is about the Size of a French Double, though a little





5
CO IN S, &c.
937
4
thicker, and is worth a Liard, or 3 Deniers that Money: Eight Forles make a
Meidin, and there are half Forles; the Turks call it Mangour.
Fouang, or Foang. Vide Baat.
Fun, called a Money by Gemelli, an Italian, the only one that ſpeaks of it, though
he leaves its Value and Metal unexplained. The Journal of the Sieur Lange to
the Court of China in 1721, ſays, the Chineſe Weights are divided into Laen, Tzin,
and Fun, of which 10 Tzins make a Laen, and 10 Funs a Tzin. A Laen of
China has ſomething more in Silver than the Ruſan Rouble. 16 Laens make i
Gin, which a little exceeds the Dutch Pound of 16 Ounces. Funs make near
30 Zſchoſſes, or Tizüns, a finall Braſs Coin. One Laen of the fineſt Silver is,
according to its juſt Value, worth 1000 Zſchoffes. The Price of this Money is
commonly ſo ſubject to vary, that it regularly riſes and falls weekly; and from
what is ſaid above, we may reaſonably conclude that the Laen is the ſame as is
called by ſome the Leam, explained to be a Piece of Silver paſſing by Weight, and
called by the Portugueze Tael,
Gallo, a Silver Money of the Kingdom of Camboya, in the Eaſt-Indies, weighing
i Mace, 5 Condorins Chineſe. Its Standard was once 80 Tocques, but in the Year
1718 it fell to 60.
Gantan, a Weight uſed at Bantam in the Iſle of Java, and ſome other Parts of
the Eaſt-Indies, weighing near 3 Dutch Pounds.
Gantan is alſo a Meaſure for Pepper, containing exactly 31b. Vide Baruth. Nic.
de Graaf ſays, that the Inhabitants of Batavia call the Meaſure they uſe for Rice,
Gunting, containing near 141b. Weight, and though the Names of Gantan and
Gunting are very much alike, their Contents greatly differ.
Gantan. Vide Hali.
Ganzas, or Gauzas, a Money made of Copper and Pewter by Particulars in the
Kingdom of Pegu, and not in the Royal Mints. The Value of theſe are not fixed,
but riſe and fall, according to the Times of Payment, for the Goods of the Country,
though they are commonly worth between 2 and
3
French Sous.
Gari, a Sort of an imaginary Specie, or rather the Denomination of a Sum, uſed
in many Parts of the Eaſt-Indies, and particularly in the Dominions of the Great
Mogul; 1 Gari of Roupees is worth near 4000 Roupees.
Gazana, or Gafava, is a Silver Coin, and one of the Roupees current in the
Great Mogul's Territories, particularly at Amadabath, worth Livre Tournois.
Gaze, a ſmall Copper Money made and paſſing in Perpa, worth near 2. French
Liards, ſome confound this with the Kabeſqui, and others eſteem it the Demi-
Kabeſqui, or Perpan Liard.
Ge, or Je, a long Meaſure in the Empire of the Great Mogul, though it is not
real but imaginary, and comes to about 34; Dutch Aunes.
Geden, a Meaſure of Continence, that the Indians uſe for their Grain, and con-
tains near 41b. (of 16 oz.) Weight of Pepper.
Giro, or Agito. Vide Abucco.
Goltſchut, a Sort of Money, or rather a ſmall Ingot of Gold that comes from
China, and is regarded there rather as a Commodity than a current Specie; the
Dutch gave it this Name, fignifying in their Language a golden Boat, becauſe it is
in this Shape, though other Nations call them gold Cakes.
As neither in all China or Tanquin, any Gold or Silver Money is ſtruck, the Na-
tives cut thoſe two Metals into Bits of diverſe Weights, calling the Silver ones
Taels, and the Gold ones Goltſchuts, of which I am ſpeaking ; theſe ſerve in large
Payments, when the Taels and Copper Money are inſufficient. Here are of two
Sorts, the one of 32, Ounces, and the other but half as much. When the Chineſe
tranſport their Goltſchuts into different Parts of India, where they trade, the
Merchants they deal with commonly cut them in Halves, as the Chineſe are ſo
as often to line theſe Gold Cakes with either Copper or Silver to of
their ſuppoſed Value.
The Japaneſe have alſo their Goltſchuts, though only of Silver ; which, being
of various
Weights, are conſequently of different Values.
Grimelin, a finali Silver Coin, made and current at Tripoli in Barbary, in Value
a little more than four Sols Tournois.
II E
Gueſte
,



diſhoneſt,
938
GENERAL COMMERCE OF THE WORLD.
Gueſte, a long Meaſure uſed in ſome parts of the Moguls Dominions, being
about i Dutch Aune.
Gueze, ditto of Perhia, for meaſuring Stuffs, Linens, &c. Of this Meaſure there
are two Sorts in that Kingdom, viz, the Royal Gueze, called alſo Gueze Mon-
kelſers ; and the Gueze Racourcie, called fimply Gueze; this laſt being only of
the other. The Gueze Monkelſer contains 2 Feet 10 Inches, and 11 Lines of
Paris, or of that Aune, ſo that 5 Gueze make 4. Aunes.
In India is alſo uſed a long Meaſure called Gueze, which is near 6 Lines ſhorter
than that of Perha, or about fo of an Aune leſs, though as the Difference is ſo
ſmall it is ſeldom regarded.
Guppas, Weights uſed in ſome Towns in the Straits of Malucca, particularly
at Queda. 4 Guppas make the Guantas ; 16 Guantas, 1 Hali, or Nali; and 15 Halis
the Bahar of 450lb. Marc.
Guz. Vide Couit.
Hali. Vide Guppas.
Hafaer Menarie, a Silver Coin current in Perſa, worth 10 Mamoudis.
Jerun Chrochen, a Money coined in the Dominions of the Grand Signor,
current for half a Ducat.
Keer, or Ceer, Weights uſed in ſome Cities of the Great Mogul, particularly at
Agabar and Ziamger, in the firſt of which Places it weighs 36 ſmall Weights of 1 lb.
Marc, and in the other 36 of 1+1b.
Ken, a Sort of an Aune uſed at Siam not quite 3 Feet, 2 Kens making 1 Voua,
which is a French Toiſe leſs i Inch; the Ken likewiſe makes 2 Socks, the Sock 2
Keubs, the Keub 12 Nious, and there goes 8 Grains of unhuſked Rice to a Niou,
which makes 9 French Lines.
Kepath, a ſmall Weight uſed by the Arabians; it is a Danck, or Dank, that is
the Grain ; 12 Kepaths make the Dirhem or Dragme of Arabia, and ſome have
thought that the Word Karat comes from this of Kepath.
Keub. Vide Ken.
Khatovat, a long Meaſure uſed in Arabia, and is the Geometrical Pace of the
Europeans; it contains three Akdams or Feet, and 12000 Khatovats make the Pa-
rafange.
Kiſte, a liquid Meaſure alſo of Arabia, though Authors differ about its Contents,
ſome making it equal to Septier, others to a Pint or Bottle, and ſome only to a
Poiffon, or of a Septier of France.
Lack, or Lake, 100 of which make a Couron of Roupees, and this Roupee rec-
koned worth a French Crown of 3 Livres, i; Dutch Guilders, or 25. 6d. Sterling.
Vide Couron.
Laen. Vide Fun.
Larres, a Money uſed in the Maldives, of which 5 make a Dollar.
Mamoudi, a Silver Coin current in. Perha, and many Parts of the Eaſt-Indies;
the Perhan Mamoudi is in Size and Shape like the French 5 Sol Piece, and is
worth 2 Chayes or Schaes ; 2 Mamoudis make an Abaſſi, and 100 a Toman, which
is the largeſt Account Money in Perha. The Indian Mamoudis, called alſo
Mamedis, has no certain Value. In the Province or Kingdom of Guzurate the
Mamoudi is worth 12 Frenchs Sols, ſo that five of them make a Crown Tour-
nois, and the ſmall Mamoudis bear a proportionable Value, that is 6 Sols at Gum
zurate, and more or leſs at Bengal and other Places, according to their Riſe and
Fall.
Man, Maun, Maud, Mem, Mao, or Mein, Weights uſed in the Eaſt-Indies, el-
pecially in the Dominions of the Grand Mogul, and its ſeveral Names undoubtedly
proceed from the different Pronunciation of the many various Nations that
Trade draws here, both Afaticks and Europeans: There are two Sorts of Mauns, the
one called the King's Maun or Weight, and the other only a Maun. The King's
Maun ſerves for weighing Neceffaries, and Things for Carriage, and is compoſed
of 40 Serres, and each Serre exactly a Paris Pound; fo that 40 Parifan Pounds
are equal to one King's Maun. Though the Sieur Tavernier, in his obſervations
on the Eaſt-India Trade, ſeems to diffent from this Calculation, and ſays that the
Maun of Suratte comes out to only about 341b. of Paris, being, compoſed of 40;
and ſometimes 41 Serres, but that the Serre is near lighter than the aforeſaid



Pound.
239
,
OF CO IN S, &c.
Pound. He likewiſe ſpeaks of a Maun uſed at Agra, the Great Mogul's Capital,
which is half as heavy again as that of Suratte, and which on the Footing of 60
Serres whereof it is compoſed, makes 51 to 52 Paris Pounds. The 2d Sort of
Maun is that uſed in Trade, compoſed alſo of 40 Serres, but each of theſe Serres
is reckoned only 12 Ounces or of a Paris Pound. In the Eaſt-Indies there is yet
a third Diſtinction of the Maun, in common Uſe at Goa, conſiſting here of 24
Rotolis, each 1 lb. Venetian, or 13 Ounces i Groſs of Paris (the Venetian Pound
being only 8 Ounces 6 Groſs of Paris) ſo that the Goa Maun weighs 36lb. of
Venice, and 191b, 11 Ounces of Paris. In fine, the Maun is a Weight that alters
according to the Places or the Sorts of Goods it is uſed in. At Suratte (another
Author ſays) it makes 42 Ceirs, or Serres, but is either greater or leſs, according to
Lacque, Benzoin, Vermilion, Quicklilver, Copper, Pewter, Sandal Wood, Areque,
Ivory, or Elephant's Teeth, Spaniſh Wax, &c. which is alſo agreeable to what
Mr. Tavernier ſays. It is 35 lb. for weighing Indigo at Suratte, and but 34-lb.
at Amadabad. It is 3621b. on the Sales of Camphire, Spice, Tea, dry Pulſe, or
Wheat, Siampan Wood, &c. but at Amadabad the Maun in Regard of theſe
Goods, is 38 lb. It is 381b. for Cachou, and 40lb. for Afra Fætida. At Bengal
the Maun is 40 Ceirs, and weighs 641b. for Spice, and 681b. for Pewter, Copper,
Quickſilver, Lead, and moſt Sorts of Drugs; and 64:1b. for Silk. . On the Coaſt
of Coromandel the Maun is 681b. as at Bengal on moſt Goods; it likewiſe
weighs 40 Ceirs, and the Ceir 17-lb. Maun, or more commonly Batman is a Per-
fan Weight. Vide Batman.
Maun is yet a Weight of Bandaar-Gameron, in the Perſian Gulf, of. 61b. the
other Weights are the Maun-cha weighing 12lb. and the Maun Surats weighing
3olb. The Maun at Mocha weighs a little leſs than 3lb. and 10 of them make i
Traffel, 15 Traffels i Bahart, and the Bahart is 420lb.
Mangalis, a ſmall Eaj-India Weight, of near 5 Grains, only ſerving to weigh
Diamonds, Emeralds and other precious Stones being weighed by Catis of three
Grains each.
Mangelin is alſo a ſmall Diamond Weight at the Mines of Raolconda and Pani
otherwiſe Coulers. The Mangelin of theſe two Mines weighs 1 Carats, that is 7
Grains; there are alſo in the Kingdoms of Golconda and Viſapour, Mangelines that
weigh i Carat. The Mangelines of Goa, in uſe among the Portugueſe, only weigh
5 Grains; and though they are commonly called Mangalis, theſe two are different
Weights, as this Account of them plainly demonſtrates,
Mangours, a ſmall Coin current in Egypt, whoſe true Name is Forle, which ſee.
Manfa, Weights uſed in ſome Places of Perfia, particularly in the Schirvan
and in the Neighbourhoud of Tauris: It weighs 12lb. or a little leſs.
Man-Surats, this Word conſtrued is, Suratte Weights, of forty Ceirs. Vide
Maun.
Marco, a Weight uſed at Goa, of 8 Ounces Portugueſe, that is a Demi Rotoli.
Mas, or Mace, a Sort of Small Weight uſed in China, eſpecially on the Side of
Canton, for weighing Silver. Vide Condorin.
Maures, a Gold Coin current at Suratte, and in ſome other Parts of the Mogul's
Dominions.
Mayon, or Seling. Vide Baat.
Memceda, a Liquid Meaſure uſed at Mocha in Arabià, it contains 3 Chopines
of France, and 40 Memcedas make 1 Teman.
Merigal, a Specie of Gold Coin current at Sofala, and in the Kingdom of Mo-
nomotapa ; it weighs a little more than a Spaniſ Piſtole.
Meſcal, a ſmall Perhian Weight, making near the hundredth Part of a French
Pound of 16 Ounces; this is the Demi-Derhem, or Demi-Draghme of Perha.
300 Derhems, or 60 Meſcals make the Batman of Tauris, which weighs 5lb. 14
Ounces French. Vide ·Batman.
Metecal, a Sort of Gold Ducat, ſtruck at Morocco, and in ſome other Cities of
that Kingdom and Fez. This Metecal is different from the Metecal of Fez, only
worth 20 Dutch Stivers; the old Metecals excel the new ones both in Weight
and Fineneſs; theſe are of different Goodneſs, and conſequently of various Values,
which occaſions no fmall Difficulty in Trade,
4
Metkal,



940
GENERAL COMMERCE OF THE WORLD,
or
3 to
Monera
Metkal, or Mitkal, a ſmall Arabian Weight, of which 12 make an Ounce.
Metricol, or Mitricol, a ſmall Weight - Part of an Ounce, which the Portugueſe
Apothecaries and Druggiſts uſe in the Eaft-Indies ; beſides which they have the
Metricoli, which only weighs of an Ounce.
...
Minaltoun, an imaginary Specie made Uſe of in ſome Parts of Perha, making 10
Yonſaltoun, 2 Yonſaltouns make i Abaffi, and 5 Abaſſis the Minaltoun. The
Yonfaltoun is alſo called Mamoudi-Lacize.
Moncha, or Monka, a Sort of Boiſſeau or Corn Meaſure uſed by the Inhabitants
of Madagaſcar, for meaſuring huiked Rice. Vide Troubahouache.
Moroedje, a Silver Money current in Perfia, particularly at Ipaban, of which 7
make a Dutch Crown.
Murais, or Morais, a Meaſure for Rice and other dry Pulſe uſed by the Portu-
gueſe at Goa, and in their other Colonies, containing 25 Paras, and the Para weigh-
ing 22 Spaniſh Pounds.
Nali, an Eaſt-Indian Weight. Vide Hali and Guppas.
Nanque, is the ſmalleſt Weight of the five, uſed among the Inhabitants of Ma-
dagaſcar, for weighing Gold and Silver ; it is equal to 6 Grains, and beſides this,
here are the Sompi, Vari, Sacare, and the Nanqui. Vide Sompi.
Nafara, a Silver Money cut ſquare, ſtruck at Tunis.
Nevel, a fmall Coin of a baſe Alloy, current on the Coaſt of Coromandel, 8
9
of which make a Fanon, and 15 Fanons a Pagode; the Nevel is worth from 6
Caffes.
Nil. Vide Couron.
Oubang, is a Gold Money of the largeſt Sort at Japan; its Figure is oval, nearly
reſembling in Form and Size the Sole of a Shoe, and its Value is ro Coupangs, or
Coupans, which are Pieces of Gold of the ſame Figure, but ten times leſs in their
Weight, or leſs in their Surface ; the Oubang is worth 100 Rixdollars in India,
and the Coupang ten.
Padan. Vide Couron.
Paenſzajie, Silver Money current in Perſia, worth 2 Mamoudis ; 2 Paenſzajies
make 1 Daezajie, and 2 Daezajies the Hazaar Denarie.
Pagoda, is a Gold Coin common on all the Coafts of Coromandel, and almoſt the
only one in Uſe in the Trade carried on there; large Payments being always made
in theſe Gold ones. The Engliſh make of them at Fort St. George, of the ſame
Standard and Weight with thoſe of the Country, and which paſs for the ſame Va-
lue. The Dutch alſo ſtamp ſome at Palaiacata (ſays my Author, though I believe
he miſtakes it for Negapatnam) of the ſame Weight with the Engliſh, though 2
to 3 per Cent. better in Fineneſs, and conſequently are more ſought after.
At Narfingua, Biſnagar, and the neighbouring Parts, they make Silver Pagodes
of divers Standards and conſequently of various Values ; the ſmalleſt are worth 8
Tangas, reckoning the Tanga at gó, or 100 Indian Baſarucos. Vide Baſaruco.
Para, a Meaſure that the Portugueſe uſe in India for Pulſe, weighing 221b. Spa-
niſh, and is is of the Mourais.
Pardao, or Pardo Xerafin, a Silver Money of a baſe Alloy, which the Portugueſe
ſtamp in India, current at Goa, and on the Coaſt of Malabar ; they are worth near
300 Reas, or 20 Fanons: there are alſo į and Pardaos, and ſome ſay there are
likewife double ones.
' ,
the Indians make many falſe ones up in the Country, and bring them down to paſs
in Trade, which they would eaſily do, were it not for ſome of the Chriſtian Natives,
who are employed to examine them, and are ſo expert in their Office, that they
will readily and certainly detect the Falfity only by feeling.
Pardaos de Reales, is a Name given to the Spaniſh Dollars, the only Specie of
that Nation current in India, which have a certain Value fixed on them, from
which they never lower, but often riſe as they are wanted.
Pardos, a Specie of Silver Money current at Moſambique, and along the Coaſt of
Africk, worth 200 Reas.
Pau, a long Meaſure uſed at Loango de Boaire, and in ſome other Places on the
Coaſt of Angola in Africk. There are three Sorts of Paus at Loango. That of the
King and his favourite prime Miniſter; that of his Princes and Captains ;
and
I
that
OF CO IN S, &c.
941
that of Particulars. The King's Pau, is 28 Inches long, that of the great Men
24 Inches, and that of Particulars only 16.
Pecha, or as it si wrote by ſome, Peſa, and by others Peyſes, is a ſmall Copper
Money current in many places of India, eſpecially in the maritime Provinces of
the Great Mogul, and more particularly in the Kingdom of Guzarate, whoſe prin-
cipal Cities are Surate, Baroche, Cambaya, Bondra, and Amadabad; 26 make i
Mamoudi, and 54 a Rupee; ſo that the Pecha is worth near 8 Deniers. In thoſe
Parts of India, where the Cowrie Shells are current, 50 or 60 of them are given for
the Pecha, and where the Caramania Almonds paſs for ſmall Money, 40 or 44 of
them.
Pic, Pick, or Picol, the Chineſe Quintal of 100lb. their Weight, or 125lb.
Marc. Vide Cati.
This Weight is alſo in Uſe at Siam, Malacca, and in the Iſles of Sonde, though
at the firſt of theſe it conſiſts of double the Number of Siameſe Catis, to what it
does of the Chineſe, as the former Cati is only half of the latter.
Picol, is alſo another Weight uſed in China for Silk, containing only 66 Catis,
ſo that three of theſe Picols make as much as the Bahar of Malacca, that is 200
Catis. It is alſo a Weight uſed in many Places of the Continent, and the Weſt
Indian Ines, weighing near 20 Dutch Pounds.
Pitis. Vide Cas.
Pole, a Copper Money ſtruck at Boghar, an ancient Province of Perpa, at pre-
ſent governed by its own Prince, 120 of which go to the Silver Coin of the Coun-
try, worth about 12 Sols Tournois, though this Value is not always certain, as it
riſes or falls as the Prince pleaſes.
Pont, or Punt, a long Meaſure uſed in China; of which ten go to i Cobre, and
the Cobre is about 13 French Inches.
Ratel. Vide Batman.
Ratis, a Weight uſed for Diamonds, at the Mine of Soumelpour in the Kingdom
of Bengal; and in all the Great Mogul's Empire for Diamonds and Pearls it is of
a Carat of 3 Grains.
Refe, a long Meaſure uſed at Madagaſcar, near what is called the Braffe in
Europe. They alſo uſe the Demy-Refe, or Span.
Rize, the Name given to a Sack with 15000 Ducats, in the Territories of the
Grand Signor, ſo that it may paſs as a Sort of a reckoning Money, like a Ton of
Gold in Holland, or a Million in France.
Roe-neug'; this is the largeſt Meaſure for Lengths and Diſtances uſed in the King-
dom of Siam, being the Siameſe League, of near 2000 French Toiſes. There goes
to it 20 Jods, 4 Sens to the Jod, 20 Voua to the Sen, and 2 Ken to the Voua; the
Ken is the Siam Aune, &c. Vide Ken.
Rotolo, or Rotoli, a Weight uſed in Sicily, ſeveral Parts of Italy, Portugal, Cairo,
and other Places in the Levant and Egypt, Goa, &c. is very different in moſt of
thefe Parts mentioned, as has been already ſhewn; therefore as a Weight I have
nothing to add about it; and fhall only ſay it is alfo a liquid Meaſure in ſome
Cities and States of the Barbary Coaſts, 32 of them at Tripoli making a Matuli
(another Weight alſo uſed in this City of 32 Rotolis) and 42 of theſe Rotolis make
a Mataro or Matara of Tunis.
Roup, beſides being a Coin of Poland, is alſo one made and current in fome Pro-
vinces of the Turkiſh Empire, particularly at Erzerum in Armenia, being worth,
of a Spaniſh Dollar.
Rupee, a current Coin in the Empire of the Great Mogul, and in many other
Places and Kingdoms in the Eaſt-Indies. There are both Gold and Silver of this
Denomination, though thoſe of the firſt Metal are ſcarce and in little Uſe, weigh-
ing 2 Drachmes and 11 Grains; there are alſo its Fractions of Halves and Quar-
ters
. The Silver Rupee is of ſo unequal a Value, as to be with Difficulty fixed on
any certain Footing, its Worth varying according to its Quality and the Place of
its Fabrication; there are 5 Sorts of them, viz. the Rupee Sicčas, worth at Ben-
Sols Tournois; thoſe of Suratte 34, and thoſe of Madras 33 (all of the new
ones) thoſe called Arcates, and the laſt Petch. The new ones are round, and many
of the old ones ſquare, though they are both of the ſame Weight; and beſides theſe
Diſtinctions of new and old, the Indians make the other five abovementioned; and it
may


gal, 39
II F
942
GENERAL COMMERCE OF THE WORLD.
may in general be remarked, that all theſe Sorts are in higher Value at the Places
of their Make than elſewhere; and that the new are always worth more than the
old; the Reaſon of which Difference proceeds from the Love the Natives have of
Silver, which induces them for its Preſervation to hide it carefully in the Earth, as
ſoon as they get a few Rupees together. To prevent which Diſorder, that drains
the Countries where it is practiſed of their current Species, the governing Prince
and Rajas ſtamp new ones annually, with an Augmentation in Value, without any
Increaſe of Weight, and theſe conſequently grow diminiſhing in Worth as they
grow old. The Silver Rupee is the moſt current Money in Trade, both at Su-
ratte and Bengal; but on the Coaſt of Coromandel, the Gold Pagodes (worth 2
Rixdollars or 3 Rupees) are the moſt in Uſe.
It is from the Madras Rupee that the Value of all others is proportioned, and
that varies according as certain Circumſtances occur; and theſe different Sorts of
Rupees have not an equal Currency in every Place, as may be ſeen by the above
Valuation of them. The Rupee uſed in Accounts is only an imaginary Specie, as
well at Suratte as Bengal, to which the Value of the old Rupee is often reduced,
and is worth leſs than that of Madras. All Sorts of Rupees are divided into a
ſmaller Money, called Ana, of which 16 go to the Rupee ; but it muſt be obſerved,
that the Ana is worth more or leſs in Proportion to the Value of that Kind of
Rupee of which it is a Part. Some Anas are made at Madras, but ſo few that they
are rarely ſeen to paſs, ſo that this Specie is rather a reckoning Money than a cur-
rent one. The ſmalleſt Coin, and that in greateſt Uſe, among the common People,
and in the Markets, are the Cowries, 80 of which is counted a Pouni, according
to the Cuſtom of Bengal; ſo that a Rupee is divided into Anas, Pounis, and
Couries, according to which the following is the Value of all Rupees as they
paſſed at Bengal in 1726.
The Rupee of Madras was worth 38 Pounis, or 3040 Couries.
The Sike, or Sicca Rupee
392
3160
The Rupee, Arcate
37
2960
The Rupee Petch
36
2920
The Current, or Old Rupee
2720
Beſides which there are yet iwo other species of Money in Accounts, called the
Peys and Gandan, the firſt worth 95 Cowries, and the other 4. The current
Rupee is that uſed in the Revenues of the Great Mogul, and was in 1726 and
1727, worth 1. Dutch Guilders, or, which was the ſame thing, a French Crown
Rubie, a Gold Coin, current in all the Kingdom of Algiers, and in thoſe of
Congo and Labex, worth 35 Aſpers ; it is eſpecially ſtruck at Tremecen, which has
the Privilege of making theſe, as well as the Medians and Zians.
Sacare, a ſmall Weight uſed in Madagaſcar, for Gold and Silver, being equal to
an European Scruple. Vide Sompi.
Sat, a Meaſure uſed at Siam for Corn, Seeds, Pulſe, and ſome dry Fruits; it is a
Sort of a Buſhel made of Bambou, and 40 of them make a Seite, and 40 Seſtes the
Cohi; it is difficult to reduce with any Certainty theſe Meaſures to thoſe of Europe,
as ſome reckon the Seſte 100 Catis, and the Cati (as has been already obſerved)
not being of the ſame Weight in all Parts of India, the Seſte or Sat cannot be af-
certained; but if 100 Catis be eſteemed 1251b. Marc, the Sat will be near 3lb. and
the Cochi gooolb.
Schan, or Schang (in Chineſe Cati) is a Weight uſed in the Kingdom of Siam;
the Chineſe Cati is worth 2 Siameſe Scans ; ſo that the Chineſe being 16 Taels, the
Siumefe muſt be only 8, though ſome reckon that of China at 20 Taels, and the
other half. The Tael weighs 4 Baats or Ticals, each of near half an Ounce;
the Baat 4 Selings, or Mayons; the Mayon 2 Fouangs; the Fouang 4 Payes, the
Paye 2 Clams, the Clam weighs 12 Grains of Rice, ſo that the Tical or Baat
weighs 768 of thoſe Grains. Vide Baat.
It is to be obſerved, that the greateſt Part of theſe Weights paſs alſo for Money,
either real or in reckoning, as Silver is a Merchandize, and fold by Weight.
Scharafi a golden Coin, that was formerly made in Egypt, worth the ſame as
a Sultanin, that is, near a golden Crown of France; the Arabians call it Dinar,

34
in 1741.


I
or
OF WEIGHTS, &C.
943
¿
or Methcal-aldhegel, the Scharafi at preſent ſcarce, and ſome believe them to be
the ſame Specie as what the Greeks name Golden Bezans.
Scherefi, a Gold Coin current in Perſa, worth 8 Larins, at the Rate of 2 Spa-
niſh Dollars per Larin; the Europeans call them Golden Seraphin.
Scherif, otherwiſe called Sultanin, and very commonly Sequin ; it is a Gold Coin
currant in all the Grand Signor's Dominions, though it is hardly ever made at
any Place but Cairo, and is the only Gold Specie ftruck in Turkey.
Schuite d'Argent, a Şort of Account Money of Japan, on which Payments in
Trade are eſtimated, being worth 121 Dutch Guilders, that is 5 Rixdollers, or
Crowns of the United Provinces; and otherwiſe it is reckoned equal to 4 Taels,
6 Mace, and 5 Condorins; the Value of them varying a little according to the Year.
Ser, Serre, or Ceer. Vide Man.
Seſte, a Meaſure for Corn, &c. Vide Sat. bondho
Sok, or Soc. Vide Ken. vain
Sompaye, is the ſmalleſt Silver Coin current at Siam; it was worth 2 Sols and
Demi-pite French Money, when the Ounce of Silver was only valued at 37 Livres.
It is the half of a Fouang, and 12 to 13 Siameſe Catches are given for 1 Sompaye,
or 400 Cowries. d The Sompaye is divided into 2 Payes, the Paye into 2 Clams;
but theſe two Sorts of Money are only imaginary, and not current Specie; the
Sompaye and its Diminutions ſerve alſo for Weights; the Clam weighing 12
Grains of Rice, and the other riſing in Proportion.
Sompi, a ſmall Weight, which the Inhabitants of Madagaſcar uſe for Gold and
Silver, it weighs but 1, Paris Dragme, and yet it is the heavieſt Weight theſe
Illanders have; they not knowing what the Ounce or Pound is, nor have any
thing anſwering to them; the Diminutions of the Sompi, are the Vári, or Demi-
gros, the Sacare or Scruple, the Nanqui or Demi-fcruple, and the Nanque, equal
to 6 Grains,
Sordis, a ſmall Money current at Ormus in the Perhan Gulf, being worth 4
Payes, and the Paye 10 Beſorchs. Vide Beſorch.
Tael, called by the Chineſe, Leam, is a ſmall Weight of China, equal to i Ounce
and 2 Dragmes. Vidė Cati, Mace, and Condorin.
Tamling, a Siameſe Name to this Specie of Money and Weight, which the Chi-
neſe call Tael ; the Tael of Siam is more than half lighter than that of China.
Vide Cati, Baat, &c.
Tanga, an Account Money uſed in ſome parts of the Eaſt-Indies, particularly
at Goa, and on the Coaſt of Malabar ; there are two Sorts of this Coin, the one
called the good, and the other the bad Alloy; it being very common in India to
reckon by Money of good and bad Alloy on Account of the vaſt Quantity of dif-
ferent Specie current there that are either falſe or altered. The Tanga of good
Alloy is heavier than that of a bad Alloy, ſo that if 4 of the former Tangas are
given for 1 Pardao-Xerafin, there muſt be 5 of the others. 4 Vintins of a good
Alloy make i Tanga of the ſame Standard ; and 15 good Barucos go to the Vintin;
the good Baruco, on the Footing of the Portugueſe Reas; but when the Barucos are
of a baſe Alloy, three of them only make 2 Reas.
Tare, or Tarre, Money of the Malabar Coaſt, is a Silver Coin worth 6 Deniers
Tournois;
16 of them make 1 Fanan, which is a ſmall piece of Gold worth 8 French
Sols.
Tafcot. Vide Cobde.
Teccalis. Vide Abucco.
Tela, a Sort of Money, or rather a Gold Medal ſtruck by every King of Perha
at his coming to the Crown, which are diſtributed among the People; they are
in Weight like the German Gold Ducat, but have no Currency in Trade, nor
among the Merchants ; they are alſo called Cherafis, which ſee.
a liquid Meaſure uſed at Mocha in Arabia Felix, containing 10 Memcedas.
Tiboſe
, an Eaſt-Indian Coin, being one of the Rupees current in the States of
the Grand Mogul, and worth double the Galana Rupee.
Tol, this is the ſmalleſt Weight and Meaſure uſed on the coaſt of Coromandel, of
which 24 make a Ceer ; ; Ceers the Büs ; 8 Büs the Maun ; and 2 Mauns the Candi,
which is the heavieſt Weight in this part of India.
Toman,



Teman,

Tical. Vide Baat.

944
GENERAL COMMERCE OF THE WORLD.
Toman, by fome called Tumein, is an Account Money uſed by the Perhans
in keeping their Books, and to faciliate the Reduction of large Sums in Payments.
It is compofed of 50 Abaſſis, or 100 Mamoudis, or 200 Chayes, or 10,000 Dinars,
being near 43, or 46 French Livres, valuing the Abaffi at 18 Sols and 6 Deniers;
the Mamoudi for 9 Sols, 3 Deniers; the Chaye 4 Sols, 7 Deniers, and i Maille,
and the Dinar for the Denier Tournois. The Toman is alſo a Weight uſed in
Perha for weighing Money, which-in large Payments is always received in this
Manner, and never counted; the Toman weighs 50 Abaſſi.
Toque, a Sort of reckoning Money uſed at yuda, and ſome other Parts of the
African Coaſt, where the Bouges or Cowries are current; one Toque of Bouges is
compoſed of 40 of thoſe Shells; and 5 Bouges make i Galline.
Traſſel. Vide Bahar.
Troubahouache, called alfo Moncha, or Monka, a Meaſure uſed by the Inhabi-
tants of Madagaſcar, for their huſked Rice, containing near 61b. of that Grain ;
but for their unhuſked Rice they have another Meaſure named Zatou.
Tuckea. Vide Bahar.
Vakie. Vide Batman.
Val, a ſmall Weight uſed in India for Dollars or Pieces of Eight, each of which
ought to weigh 73 Vals. It alſo ſerves for weighing Gold Ducats, which muſt
weigh 9 Vals and of an Indian Carat, and whatever is wanting of theſe Weights
in either, the Vender is obliged to make good.
Vari, a ſmall Weight in Uſe among the ancient Inhabitants of Madagaſcar,
weighing near half a Dragme Marc ; here is likewiſe the Sompi, Saccare, Nanqui,
and Nanque; none of which are uſed only for weighing Gold and Silver.
Voua. Vide Ken.
Voule, a ſmall Meafure uſed by the Natives of Madagaſcar, in retaling their
huſked Rice; it contains near half a Pound of Rice, and 12 of them make the
Troubahouache or Monka, and 100 the Zatou.
Ufalton. Vide Abagi.
ronaltoun. Vide Menaultoun.
Zacües, a ſmall Silver Money current in Perfia, being a half Mamoudi. Vide
Mamoudi.
Zatou. Vide Voule.
Ziangi, a Silver Money of Amadabath, that is likewiſe current in other Places
of the Mogul's Territories; it is among the Number of the Rupees, and worth 20
per Cent. more than thoſe called Gafana, and is about 36 French Sols, the Value of
which laſt Coin is to be underſtood through this whole Calculation (except where
it is expreſſed otherwiſe) to be as it was current at the Time of making it, viz. 13
Livres, 6 Sols, and 8 Deniers for a Pound Sterling
F I NOI
NIS.
-
Ι Ν D Ε Χ.
A
48
446
48
461
467
May cauſe a Bond to be made
А
Africa's Trade with Great-Britain Page 666 & feq.
BERDEENSHIRE, its Products, &c. Page 628
Its General Trade
767 to 785
Abyfinia's Trade and Products
779 African Ifles, their Trade
780
Acapulco, its Trade
853 Company, its Original, Progreſs, and De-
Acara and Ardra, their Trade
773
creaſe
666
Acceptance of a new Bond does not diſcharge an
New Company's Laws, &c. ditto, to 676
old one
442 Agents, their Employ
Acceptance of Inland Bills, how made
difference of Commercial
ditto
of Foreign, ditto
451
Army
49
under Proteft, its Obligation
457
Navy
ditto
How muſt be made
ditto
Law
Of a third Perfon, frees the Drawer ditto Agents for Proprietors of Money in the Bank of
After the Bill is due, is binding 480
Amſterdam, how muſt be appointed 362
Acceptors of an endorſed and proteſted Bill, can't Agio, in the Bank of Amſterdam, how varies ditto
be arreſted though any Endorſer re-
How is occaſioned
ditto
fuſes Satisfaction
In the Bank of Rotierdam, how regulated 363
With the Drawer's Obligation, how Agios, at Venice, how calculated
746
muſt act at the Day of Payment 466 Agra, its Products and Traffick
803
Of a Bill, on Commiſſion, drawn at Abrendahl, its Trade
872
Time, and afterwards called in, muit Aiding, the Eſcape of a confined Pirate, how
demand it of the Drawer
puniſhed
247
When may pay the Bill to the Poffeffor Airſhire, its Products
629
after his Failing
469 Aleppo, and Alexandretta, their Trade
756
What Declaration muſt make, on the Alexander the Great deſtroys Tyre
4
Poffeſſor of a Bill becoming Bank Alexandria, of Egypt, a Place of great Trade
rupt
ditto
Inferior only to Rome in Grandeur, and
How may compel the Poffeffor of a
Number of Inhabitants
ditto
Conditional Bill to fulfill the Agree-
Its great Revenue to Rome
ditto
ment
472
Its Decay, after being conquered by the
Of a Bill, to whom bound
454
Saracens
6
Not freed by a Proteft
455
Its preſent Trade
756 and 762
Obliged, tho' Acceptance was procured Algiers, Tripoli, and Tunis eſtabliſhed by Pirates
after the Drawer's Inſolvency
their Trade and Products
Denying Payinent, on the Drawer's Alien, its Definition
Failing, what muſt be done
457, 458 How deprived of having Lands here 349
Of a Bill made payable to himſelf, where
What Purchaſes may make
ditta
the Loſs falls in Caſe of his Failure 456 Can't bring Actions for Lands, Tenements,
For a third Perſon, who fails, not re-
E c.
ditto
coverable to the Drawer
ditto
What may obtain by Trade
ditto
Supra Proteſt has Redreſs againſt the Drawer, tho'
What Actions he may bring
ditto
made without his Knowledge 457
May not be on a Jury, &c.
ditto
For the Drawer, has no Redreis againſt
May not be a Member of Parliament, nor
an Indorfer
vote for one
ditto
Acceſſaries to Piracy, who they are
247
How to be deprived of unlawful Purchaſes ditto
made Principals
ditto
At what Age may trade here
ditto
Account of the famous Silk Engine at Derby 620
Enemy, cannot maintain Debt here ditto
Ac for Encouragement of Seamen in his Majeſty's Alien, Deſcent, when may, and may not inherit
Service
274 to 279
350, 351
Actions of Debt, may be brought for Money Allowances to Bankrupts out of their Eſtates 544
awarded
For diſcovering Bankrupts Effects
593
Aden, its Trade
787
For Draft of Goods, paying Cuſtoms 4.12
Admirals
may
arreſt Ships for the King's Service 265
Of Duty for Salt loſt
69
Admiralty not to determine Things done in Havens Alphabetical Account of Tares allowed at the
Its Juriſdiction
265 to 278 Cufiom Houſe
416 to 422
may be appealed to from a Senience Alface, its Trade and Products
732
Abroad
254 Alteration, when may be made in the Tare of Goods
Its firit Eſtabliſhment, and by whom 264
aſcertained
413
Muſt try Death, &c. done on board Ships Amboyna, its Trade and Products
in Rivers, but not in Arms of the Sea 265 | America, by whom, and when diſcovered
844
No Court of Record
ditto
Its Trade and Products
845 to 856
May determine, when the Common
Its Trade with Great-Britain 684. & feq.
Law can't
Amſterdam, ſuppoſed to make more Inſurances than
May try, in Matters of Freight, Sea.
any other Place
325
men's Wages, &C,
ditto
Its Ordinances about Inſurances,& c.325 to 340
May try Caſes of Contracts, &c. for Angleſey, its Products
making Ships, and Sea Damages ditto Angola, its Commerce
775
What other Contracts it may decide ditto Angora, its Trade
756
May judge of Goods ſpoiled on Ship Anjou, its Commerce and Products
723
266 Anftruther Eafter, its Harbour Act
196
ditto Antrim, its Trade
636
Adriatick Sea, the firſt Settlement of the Venetians
ditto Appeals about Prizes, to whom muſt be made 254
there
To whom, from a Sentence of the Admi-
8
ralty
ditto
Apprentices
456
766
348
458
346
838

627
board
When to award Execution
II G
786
358
506
363
6
385
382
268 to 271
568
827
ditto, and 400, 401
† N D E X.
Apprentices to Maſters of Ships, regulations con-
Bank of Genoa
Page 356
cerning them
Page 101 and 102
of Venice, its Funds
ditto
Arabia, its Trade and Products
Its Bank Money better than current 357
Aracan, its Trade
814
How often is ſhut up
ditto
Arbitrament, its Derivation and Definition
341
of Amſterdam, when and by whom eſtabliſh-
Its Incidents
342
ed
ditto
Not to be referred
ditto
Its Riches
Arbitrations, an Act for eſtabliſhing them
343
Its Money better than current
dicto
Arbitration Bond, its Form
ditto
What Species is received, &c.
359
In Exchanges, its Definition
505
In what Specie its Books are kept
ditto
Simple, how wrought
How often, and long, it is thut up
ditto
Compound ditto, with Tables 510 to 526 It gives no negociable Bills
ditto
Arbitrators, their Definition and Derivation
341
Its Hours for writing in
360
Their Award deciſive
ditto
of Rotterdam, when eſtabliſhed
What Reciprocalities they may appoint 342 It daily regulates the Agio on its Caſh ditto
Not to award againſt a Chancery De-
Its other Regulations like that of Amſterdam ditto
cree
ditto
of Hamburgh its Sureties
ditto
May not take an Oath of Witneſſes
345
Only Citizens to have an Account in it ditto
Archangel, its Trade
880
Stated Hours for writing in
ditto
Archipelago, its Commerce
765. & feq. The Time of its fhutting up
364
Argyleſhire, its Products, EC.
629
What Species the Books are kept in, &c. ditto
Arles, celebrated in Antiquity for its Experience in
of Paris, when eſtabliſhed
dicto
Navigation, &c.
Its various Alterations, prodigious imagina-
Armagh, its Products
636
ry Funds, Government, and Suppreſſion
Armenia, its Trade
792
364 to 381
Articles between a Captain of a Privateer and his
of England, its Inſtitution
Crew
238
Its Bills affignable
of War for the Fleet
It may not deal in Goods, but may in Bills
Before Marriage, their Validity in Caſe
of Exchange
ditto
of Bankruptcy
It may make Purchaſes of Lands, Sc. 383
Artificers, Manufacturers, and Workmen, Penalty
Its Members not diſqualified to fit in Par-
on feducing them into foreign Service
liament
ditto
44 & 45
Its excluſive Charters
384 to 396
Arundel Harbour, an Act for it
167 Its Stock exempt from Taxes
384
Ajem, or Azem, its Trade
813
Ditto a perſonal, not a real Eſtate ditto
Afia, its Trade
785 Ditto when bought or ſold, how to be re-
Afiatick Illes, their Trade and Products
giſtered
ditto
Aſſignees of Bankrupts, how choſe
588 to 590 The Forging or Eraſing its Common Seal,
their Power and duty
ditto
Bills, Notes, &c. made Felony
ditto
Dying in Debt by Bond, what Reco-
Its Members not to be adjudged Bankrupts
veries are had
591
by reaſon of their Stocks, nor ſhali they
Removing them
592
be ſubject to any foreign Attachment 385
In France, what Power they have from
Its Debts never to exceed its capital Stock ditto
the Creditors
596 Its Servants embezzling any Note, &c.
Their Duty in that Country
ſhall ſuffer Death
393
Afrabath, its Trade
797
The Method of opening an Account with it 396
Afracan, its Trade
880
Of paying in, or drawing Money on it,
Ävenches, its Products
889
with the form of a Draught
ditto
Average, in Marine Caſes, its Meaning
The Form of a Write-of
ditto
Regulations and Laws for adjuſting it
It recovers Bills for thoſe who keep Caſh
148 to 151
with it
ditto
Auftrian Netherlands, their Trade with Great-Bri-
Alſo pays Bills for them
397
tain
705
It diſcounts Bills
ditto
Auvergne's Trade and Products
724
It will admit of any Depoſit from its Cuf-
Award, what it is
344
tomers
ditto
Caſes of
345 & 346
No perſonal Attendance required for any
Muſt be made in Writing
ditto
Tranſaction with it
ditto
When to be made by Arbitrators ditto
Will advance Money on Government Se-
When may be made for Money, to be paid
curicies, &c.
ditto
a Stranger
ditto
Its Management, and the Salaries of the
Muſt not make a Party a Judge in his own
Governor, &c. with their Qualifications
Cauſe
ditto
compared with the Foreign Ones, &c.
Of Recompence, decides an Injury
ditto & feq.
Of a perſonal Chattel, how alters its Pro-
at Amſterdam, for Loans on Goods, its In-
perty
ditto
stitution
What it muſt include
ditto
Its Regulations, and what Sums it will ad-
On what Submiſſions may be made ditto
vance
ditto
Not to be invalidated after Submiſſion ditto In what other Parts, ſuch Banks are eſta-
Its Form
347
bliſhed
Azores, Trade of
781 Bankers, the Nature of their Buſineſs among the
B.
Romans
BAHAMA Ilands, their Trade
701
Ditto in Holland, France, &c.
Baharem's Pearl Fiſhery, and Products 789
AmpleDeſcription of their various Branches
Bail to be given for Privateers
229
of Bafiners in England
Balamboang, its Trade
Draughts on them, or their Notes not
Baldivia, its Trade
849
to be accounted Caſh till received
Ballaſt, not accounted Ship’s Furniture
New Cafe on them
ditto
Not to be thrown into any Haven 67, 131 Bankrupts, Advice to guard againſt becoming one
Rates of, and other Regulations 129 to 131
Ballaſtmen, their Duty
130
What Perfons may, or may not, be Bank-
Ballaſting. Ships in Catwater Harbour, to whom
rupts
belongs
157
What makes a Man fo
Baltick Sea, its Trade
859
of the Commiſſion and Commiſſioners, &c. 533
Bamffſhire, its Products
629
The Oath the Commiſſioners take
534
Banda Ines, their Trade
838
His Surrender, Examination, Diſcovery,
Bank, its Derivation, and different Inſtitations
355
Allowance, and Certificate, and of en-
tering the Proceedings, &c. of Record
536 to 545

ditto to 605
1:47
405
406
398
399
833
482
56
527, 528
529
530
I N D E X.
476
ditto to 479
557
558
480
560
564
568
488 to 490
578
Berwickſhire, its Products
Bankrupts, of the Alignment and Bargain and Sale Bills, of Conditional Ones Page 472 and 473
of his Eftate. Of the Inrollment, and
Pro forma Ones
473 and 474
what ſhall paſs thereby, or be ſuch an
When loft, or miſlaid, what muſt be done
Intereſt as the Commiſſioners may aſſign
475, and 476
Page 546 to 553
When without Date, or in ſome Parts not
Becoming Felo de ſe, or outlawed, how his
legible
Goods are diſpoſed of
553
When the Words and Figures differ 477
Of uncertain and contingent Eſtates, and
When the Name of the Perſon to whom
which do, or do not, center in the Bank.
payable is altered, &c.
ditto
rupt
ditto
When the Direction is forgot
ditto
His Wife's Title to her Free Bench
555
Their Nature payable at Fairs
Separate Settlements
Various and new Caſes tried on Inland
Wills in Favour of his Wife, &c.
Ones
Of Marriage Bonds, and Articles before
Forgery of them made Felony
483
Marriage
Of the different Dates and Times for which
Debts due to, and from, the Wife when
they are drawn, and when Payments are
ſingle
due
484
Of the Rights which are inveſted in his
Their different Uſances
486
Children, by Virtue of Marriage Settle-
Days of Grace at ſeveral Places
ditto
ments, and Truſtees for ſupporting con-
At Venice, not payable by Endorſement
4.86
tingent Remainders
Not diſcharged, if the Drawer failed before
Of Poflibilities
571
due, in Italy, and formerly in Poriugal ditto
Of Intereſts which have been determined
Some Trials which decided this Particular
not to center in him
ditto
in Portugal
ditto
Of the Creditors who are ſuch, and therein
their Payment diſputed at Leghorn in Silver 487
of proving their Debts, and how Notice
Their various Forms in different Languages
of their Meeting is to be given
572
Special Caſes of Debts that may be proved 573
Bills of Fees to a Solicitor in Bankruptcy, by
Of Debts that cannot be proved
577
whom ſettled
594
An Oath of a Creditor" for proving his Bills of Health, their Nature and Form 251, 259, & ſeq.
Debts, & c.
Bills of Lading, their Form
126
Where Copartners are Bankrupts, having Bills of Sight at the Cuſtom-houſe, what they are 409
joint and ſeparate Eſtates and Creditors ºditto Black Sea, its Trade
759 & feq.
How far the Commiſſioners ſhall over-reach Bonds their Definition
441
the Acts of a Bankrupt, from the Time
How are to be made
ditto
of the Acts of Bankruptcy committed 583 Their Condition muſt be to do a Thing law-
A remarkable Cafe tried under a ſecond
ful
Commiſſion of Bankruptcy
584 Made by Infants, how voidable
ditto
Of Factors and Executors becoming Bank-
By a Feme Covert, may plead her Coverture ditto
rupts, having Effects of other perſons
Dependent on ſome other Deed, is void,
in their Hands
if the Deed becomes ſo
ditto
In Holland how treated ,
605 to 612
To indemnify any one from a legal Proſe-
Bantam, its Trade
830
cution is void
ditto
Barbadoes, its Trade
697
Given to a Sheriff, as a Reward, void ditto
Barbary's Trade with Great-Britain
658 & feq.
Their Conditions muſt be poflible
ditto
General Trade of
766 Not limiting Time of Payment, the Money
Barr, its Trade and Products
731
becomes due preſently
442
Barretry of Mariners, to be anſwered for by the
Not mentioning a Place for Performance
Maſter
of Condition, obliges the Obligor to
Bafil, its Trade
890
ſeek the Obligee, if in England, to tender
Baſora, or Balfora, its Trade
789
the Money
Batavia, its Trade
830
For Payment of Money, may be performed
Beacons and Lighthouſes, not to be built with-
by giving any other Thing'in Satisfaction ditto
out Warrant
213
The Acceptance of a new, will not dif-
Bedfordſhire, its Products
618
charge the old one, as one Bond cannot
Beggars, Rogues and Vagabonds, Penalty on
be given in Satisfaction for another, &c. ditto
bringing them into Great-Britain from
Of 20 Years ſtanding, &c. ſhall be deemed
foreign Counties
70
paid
ditto
Bell Metal, &c. not to be exported
57
Made payable at ſeveral Days, cannot be
Benares, or Banarous, its Trade
ſued till all the Days are paſt
ditto
Benefit of Clergy, not to be allowed to Actors of
Where ſeveral are bound, they may be
Treaſon, Robbery, &c. on the Sea 248
ſued ſeparately or together, &c.
443
Bengal, its Trade
811 & ſeq.
Given by a drunken Man is binding ditto
Benin's Coaſt, its Trade
773
Do not 'bind an Hcir, except expreſsly
Bergen, its Trade
872
named, g c.
ditto
Berkſhire, its Products
618
To ſave harmleſs, how the Defendant muſt
Bermudas, Trade of
701
plead
409
Berne, its Products and Trade
887
Without Date, or with a faiſe one, are
Berry, its Trade and Products
724
good, if ſealed and delivered, though if
Beverley Beck; and Hull River, the Act about
it is not delivered, it is not good, though
193, 194
figned and ſealed
ditto
629 Though contain falſe Latin, or falſe Eng-
Bills of Entry, inwards, their Form, how pro-
lih, may be good, &c.
ditto
cured at the Cuſtom-houſe
405
Their Form
444 and 445
Outwards, their Form
425
Borneo, its Trade and Products
Bills of Exchange, their Nature and Diſtinctions Borrowers, may be Witneſſes againſt Uſurers 40+
449, 450 Bottomry, its Definition, or what it is
127
The Number of Perſons, making an Ex-
Is ſometimes on the Ship, and ſome-
change, and how diſtinguiſhed
times on the Borrower
ditto
450, 451
The Difference between the real and imagi-
May not be engaged in, by a Maſter of
nary Specie of any Country
a Ship, at the Place of his Owner's
The different Obligations of Drawers,
Reſidence
I 28
them, under all Circumftances, and
Acceptors, or Holders of
Made on Ships by their Maſters, and
afterwards deſtroyed, is Felony ditto
whether by Commillion, or for their
own Accounts
To the Eaſt-Indies, to be on the Ship,
ditto
451 to 472
or Goods only, &c.
Bottomry,
586
117
813
them
834

451
N D E X.

do.
634
812
386
726
158
796
348
627 Commerce, Definition of; Original and Anti-
Bottomry, on a fi&itious Suppofition Page 128 | Coffen, its Trade
Page 787
The Form of a Bill
ditto & 129 Catherlagh, its Products
Bounty, to be paid to Privateers
Cattle, Sheep, Swine, &c. prohibited Importa-
On Exports, how to be applied for
431
tion to England
57
On Exports and Imports; the Commodi. Catwater Harbour, Regulations of
157
ties and their reſpective Premiums fpe Cayenne, its Trade
855
cified
429 to 434 Cazembazar, its Produce and Trade
Bourdeaux, its ancient Trade
7 Celebes, its Trade and Products
835
Boutan, its Trade
803 Ceram, its Trade and Products
836
Brecknockſhire, its Products
627 Certificates for Entries inwards
409
Bremen, its Trade
859
For foreign Goods exported
384
Bretagne, its Trade and Products
For the Price of Corn exported
Bridport Harbour, the Act concerning it
Of Surpluſage of Cuſtoms, by whom
Britiſh Governors, Conſuls, and Merchants abroad
made, and its Form
369
to provide for Sailors in Diſtreſs
104 Ceylon, its Trade and Products
828
The Acts for their Relief in Portugal, at Champaigne, its Products
720
Cadiz, Port St. Mary's, and Leghorn 116 Chancery, when relieves againſt the Award of
Subjects not to be concerned in any foreign
Arbitrators
341
Eaſt-India Company
679, 680
Chaoul, or Chaul, its Products and Trade 803
Brokers, their Duty and Appellation
493 Characters uſed in working Arbitrations
501
The Number at Amſterdam
dicto
Of Exchange
Their Function
ditto Charaſm, its Products
Their Dues in London, Amſterdam, and Charity for Seamen (and their Widows) diſabled,
ſeveral other Places
494
&c. in the Merchants Service, the Act 109 to 115
Of Inſurance and Ship Brokers
495 Charterparty, its Derivation and Nature
118
New Account of Stock Brokers 495 & 496
Different Caſes about them
119 & feq.
Buckinghamſhire, its Products
618
Its uſual Form
124
Buenos Ayres, its Trade
848
Ditto, whereby Part of the Ship’s
Burgundy, its Trade and Products
726
Owners freight the other Shares 125
Burlington, .its Port, Laws concerning it
154
& 126
Burrowtounneſs Harbour, Act concerning it 182 Cheſhire, its Products
619
Burſa, its Trade and Products
786 | Children of Britiſh Ambaſſadors and Conſuls born
Buteſhire, its Products
629
abroad not Aliens
China, its Products and Traffick
818
C.
Chiopera, its Trade
812
Choraſan, its Products and Trade
796
CABINDO, its Trade
775 Chrifliana, its Products
872
Cabul, or Caboul, its Trade
795 Chriſtianſand, ditto
ditto
Cachemire, its Trade and Products
796 | Chriſtianſund, ditto
ditto
Cadiz, Duties on Britiſh Merchandiſe there 652 Cities in Great Britain, their Number
617
Caermarthenſhire its Products
627 | Clackmannanſhire, its Products
Caernarvonſhire, ditto
ditto Claims may be made by an Obligee, or inſured
Cafraria, its Commerce
after the Obligor is Bankrupt
572
Cairo, its Trade
757 Claudius Cæfar, ſuppoſed by ſome to have been
Caithneſs, its Products
629
the firit who brought in Inſurance 291
Calabria, its Trade
769 Coaſts of Africk, from Cape Verd to Cape Sierra
Calao, its Trade
851
Liona, their Trade
769
deſtroyed
852 From Cape Sierra Liona, to the River of
Calculation for Bills, when the Stile differs 484
Andres, their Trade
771
A curious one about Wools
504
Of Barbary, theis Commerce
755
Calendar, Difference between the Julian and Gree
Of Spaniſh America in the North and South
gorian
485
Seas, their Trade
845
Calicut, its Trade
807
Of Coromandel, their Trade
808
Calmoucks, their Trade
798
Of Peſcherie, their Trade
ditto
Cambaye, its Trade and Products
801
Of India, their Trade, Esc.
Camboya, its Trade and Products
816
Of Africk, from the Cape of Good Hope, to
Cambridge fire, its Products
the Entrance of the Red Sea, their Trade 775
Campechy, its Trade
848 Of Gold, &c. their Trade
771
Canada, its Trade
697 | Cochin, its Trade
808
Conquered by the Engliſh
ditto Cochineal, by whom, and with what Ships may
Canary Inands, their Commerce, &C.
783
be imported
57
Candia, its Trade
765 Cochin-China, its Trade and Products
816
Candles or Fire, not permitted in Yarmouth Cockets received on the Payment of Cuſtoms
Harbour
160
Their Indorſement before given to the
Canton, the foreign Trade carried on from thence
Searcher
by the Chineſe
Their Form
Cantory, its Commerce
769 Cour, James, his great Trade, Riches, and Build-
Cape Breton, its Trade
696
ings
14
Reduced by the Engliſh
ditto Coffee, what mult be done in America, previous to
Cape des Verd Iſles, their Trade and Products 769
its Shipping
Capers and Privateers, their Definition
Penalties for any found on Shipboard ex-
Captures of
254
cept it has been exported from Great-
Capha, or Coffa, its Trade
759
Britain, &c.
Captives, in Prize-Ships not to be abuſed
Coins of all Countries
Caracca Coaſt, ics Trade
849 | Colcheſter Harbour, Act
Cardiganſhire, its Products
Caribbee Iſlands, their Trade
698
quity
Carolina, to whom firſt granted
Its natural Tendency to render States
Its Trade with Great Britain, &c. ditto
flouriſhing
Carthage, a Colony from Tyre
4
Of the Tyrians, from Monſieur Huet
Carthaginians, their great Trade and Improve-
Of the Carthaginians
ment of Navigation
ditto
4 & 5
Of the Egyptians
Carthagena, its Trade
and Products
Of the Romans
Caſchgar, or Little Boucharie, its Products and
Of the Gauls
Trade
7
Its Re-eſtabliſhment in the Weſt
794
8
Of the Venetians
797
Gaſpian Sea, its Products
Com.
630
768
804
619
425
820 to 824
ditto
ditto
78
220
268
ditto
893 & ſeq
198 to 200
I
689
2
3
4.
847
5
6
IN DE X.

12
20
21
22
2 1. ditto
572
578
SR
are
510
406
Copartners Bankrupts, Caſes therein
Corea, its Trade and Products
Regiſters, Weekly, of the Prices ordered to
Corporate Company for Relief of Seamen, &c.
Commerce of the Genoefen
Page 9 Corſicans, their Hiſtory and Trade 2c Page 748
Of the Hanfiatick Towns
ditto Cofaques, its Trade
Babil s 798
Of the Dutch 73761
10 Cofmo de Medicis, his noble Origin ubos 15
Of the Muſcovites
His great Regard for Trade, and .028
Of the Houſe of Medicis co gallo
15
Ited ve happy Succeſs in it alue to ditta
ador Of the French, Original to rotea 16
His Example followed by ſeveral
Of the Engliſh 1410 site
of his Succeſſors with equal
it Of the Spaniards
Fortune
Of the Arabians, by Dr. Garcin
Cotton, new Duty on Importation du doctor who
What it includes
613 Counties in England and Wales, their Number: 617
66. Where it is carried on by Barter ditto Courland, its general Trade
0877 & ſeq.
Tin Not unworthy the Attention of the Court-Martial in the Navy, of whom, and how to
moſt illuſtrious Perſons !
ditto
many it is compoſed 271 & 272
Its State under the Afiatick, Grecian,
Its Conſtituents Oath before a Trial 272
and Roman Monarchies
614
& 273
Carried on by the Pifans, Genoeſe, and Credit, Public and Private, Account of
400, 5401
Venetians
ditto
Bills or Letters of, their Form and Uſe 484
By the Portugueſe
ditto Creditors of Bankrupts, their Difference and Power
By the Engliſh, French, Danes, and
8:00 to claim
Hamburghers
ditto
Obtaining Judgments, after a Baukrupt-
By all the Nations of Europe to Ame-
cy declared is void
rica
ditto
Joint and ſeparate, of Partners Bank-
Its Divifioni od ditto
ditto
The Genius of the Engliſh adapted
rupt, how muſt be paid
Not obliged to refund Money received
to it
ditto
of a Bankrupt in Trade, before the
How it went on augmenting in Eng-
Bankruptcy was known
583, 584
land, under different Reigns 615 to 618
Of Bankrupts ſwearing falſely, the Pe-
Commiſſion of Bankruptcy. See Bankrupts.
nalties they incur
593
Commiſſioners for crying Pirates in America 248 Crimati or Crimatia, its Trade
1835
its Of Appeals about Prizes, who they Cromartie, its Products
630
255 Cruizers, their Definition and Duty
254
Compariſon of ſome Coins
503 Guba, its Trader
845
- Between fine Gold and Silver
504 Cumberlande its Products
619
Compound Arbitrations, how wrought
Cuſtoms defined : cannot be laid on Merchandize
Concealing Bankrupts Effects, the Penalties 593
by the King's fole Power
Condemnations of Ships
254
Various Regulations of
407 to 439
Congo, its Trade
774 | Cuſtom Houſe Officers in London, not to hinder the
Conftantinople, its Trade
757
Merchants making Entries in
Conſuls, their Office, Definition of one 279
their turn
424
ob How appointed
ditto
The Time of their Attendance ditto
Their Commiſſions
280, 281
Their Fees
435 to 439
The Duty of a Britiſh Conſul, and all Cyprus, its Trade
757
To spai Regulations concerning him amply ex-
plained
282 to 287
D.
Contraband Goods, what they are
222 AMAGES, done at Sea, where triable 266
Contract, its Derivation was
439
Daniſh trading Companies, their Commerce 877
Contracts, not voided by Miſtakes in drawing the Dantzick, its Trade
878
Writings: 0 0
ditto
Dauphiny, its Trade and Products
727
Their Difference in a Day's being li Debentures for Goods exported by Certificate, how
mited for Payment and not
440
to be got
427
Muſt be certain, perfect, and compleat ditto
Their Form
ditto
Conditional
av
ditto
Ditto for exporting Corn
430
For Goods may be made by Word of Debts for building Ships, to be tried by the Ad-
Mouth as well as Writing
ditto
miralty
266
Not to be performed in a Year, muſt be
Due to the Crown, when are preferred to
in Writing
ditto
others
25
Contribution, in Marine Caſes, its Signification 147
Of one Partner, when are binding to others 579
What Goods are rateable to it
148 | Decan, its Trade
805
How ordered when any Goods periſh Dee, River at Cheſter, the Act concerning it 168 to 178
in a Lighter, &c.
149 | Demorrage, what it is
127
Its different Caſes, when Goods are
Denbighſhire, its Products
627
taken by Pirates
ditto Denization, its Derivation and Meaning
354
How to be made for a Ship taken Denizen, its Definition yo aby
ditto
and reclaimed by its Crew
150
Their Privileges
355
860
Convoys, their Duty
253 Denmark, its Trade
Days publickly appointed for their De. Denomination of Bankers, when was firſt given in
parture
254
England
400
Maſters muſt be careful to obſerve the Depoſits which the Bank admits without giving Re.
Commodore's Orders
ditto
ceipts
397
Demands of a Reward, or Neglect of the
Whereon the Bank will advance Money. ditto
Merchants Ships, puniſhable ditto Derbyſhire, its Products
620
578 Devonfhire, its Products
1901 seneditto
826 Difference between a Charterparty figned by the
635 wa Mafter alone, and one figned by him
Corn permitted Exportation and Importation, under
and the Owners
123
41 to 44 Directors of the Bank of England, their Number,
Allowed to be imported in foreign Ships
42
Attendance, Salary, and how are choſen 397
Their Qualification
ditto
43
Of the Royal Exchange, and London Affu-
619
rances, how long they ſhall continue 292
May be Members of Parliament ditto
wounded and killed in the Merchants
Service
May not belong to both
293
Corporations of the Royal-Exchange and London
109 to 115 Diſcoverers of a Plot againſt a Ship, their Reward 248
Aſſurance, with the Acts of their
Diverſe Bills remitted for ſeveral People, if one is
proteſted, how the Lofs muſt be made
292 & feq.
good
467
Dominican
D4
576
Cork, its Trade
ſeveral Reſtrictions
be kept
Cornwall, its Trade
Charters
II H
INDEX.

637 |
412
634
ditto & 47
10
II
12
874
60 to 90
21I
Dominica, Account of TA ON His Page 699 Factors, a bare Commiſſion to ſell will údt enable 1500
Donegal, its Products
him to truft 10 Page 46
Dorſetſhire, its Products: i Oslo
620
Several Merchants muſt run the joint Riſque
Dover Harbour, Laws concerning it
154
of his Actions
ditto
Dower of Bankrupt’s Wife, when
may
be fold.
Selling Goods, on their own Account, to a
See Bankrupts.
Debtor of their Principal's, what ought
Down, Trade of
2
636
to do in Caſe of Loſs
ditto
Drammen, its Trade
872 Making a falſe Entry of Goods, or loading
Drawbacks, on what Goods are not allowed or 411
them without entering, are liable, if the
Draughts, allowed at the Cuftom-Houſe on ſeveral
Goods are ſeized
ditto
Sorts of Goods
h Making an Entry as per Advice, &c. and
Drawers of Bills of Exchange. See Bills of Ex-
94: this is erroneous, and occaſions a Seizure,
change.
it ſhall be for the Owner's Account ditto
Drontheim, its Trade
872
Shall not ſuffer for the Fault of their Em-
Dublin, its Trade
ployers, &c. Dobi
Dumbarion, its Trade
Robbed, Thall not be anſwerable for the
Dumfries, its Trade
ditto
Lofs, nor if Goods are damnified by Ac-
Durbam, its Trade
621
cident
ditto
Dutch, their firſt Settlement, and ſucceſsful Attempts
Taking falſe Money, ſhall be for their own
for Liberty
Account, tho' if the Value of Money be
Their vaſt Trade
leffened after Receipt, it ſhall be the Prin-
Their Eaſt-India and other trading Com-
cipal's Loſs
ditto
panies are 11 & 858
Muſt be circumſpect in Regard of Letters of
Their general Trade
856 & ſeq.
Credit
ditto
The Smallneſs of their Products, and yet im-
Accepting a Bill from one who has Effects in
menſe Stock of all Things
his Hands, doubtful whether he can pay
Pilots, their Qualification and Duty 136
himſelf, if the Owner of the Goods after-
Goods ſent to the Spaniſha Weft-Indies
wards fails
737
ditto
Dutchy of Slefwick, its Trade
861
Engaging for Freight by Charter-party, are 100
Duty of a Regiſter in the Court for trying Pirates247
obliged, but if they load generally, the
Of Pilots at Norway
Owner and Goods muft antwer
ditto
Duties on Goods from our Plantations
Neglecting to comply with Orders for Infuzido
Which
may
be bonded, and when are pay-
rance (having Money in Hand) muſt ſa-
able at the Cuſtom-Houſe
410
tisfy any Loſs
900ditto
Paid for Eddyſtone Light. Houſe, & cm
One joint one may account without his
Paid for palling the Sound
865
Companion
ditto
Not anſwerable for the Solvency of Deb- .
E.
tors
ditto
EAST India Company, their firſt Charter
677
Cannot have an Affumpfit brought againſt 100
New Charters and Regula-
them for Monies delivered to be laid out ditto
stions of
678 to 684
Ought to be pun&tual in the Advices of
their Tranſactions
Eaft-Indies,
their general Commerce
ditto
Eaſtland's Trade with Ireland
714, 715
Deviating from Orders in the Purchaſe of
Eddyſtone Light-Houſe begun by Mr. Henry Win-
Goods, & c. ſhall be anſwerable
ſtanley
Selling any Thing under a limited Price,
Rebuilt by Mr. John Rudyerd
they ſhall be anſwerable for the Diffe-
Its bearing
ditto
rence Blvd bebros 01 1981. ditto
Edinburgh, or Mid- Lothian, its Products
630 Fraudulently taking to their own Accounts
Edward III. firſt eſtabliſhed Laws in England about
Goods bought for others, on their riſing
Exchanges
in Value, are obliged to make Satisfac-
Egypt its ancient Commerce
5
ditto
tione
Its modern Trade is on
761 Endeavouring to thip Money by Order, if
Élgin, its Trade
630
bloft, is for the Proprietor's Account ditto
Ellenfoot Harbour, the A&t concerning it in 182 to 184 Paying or lending Money, without Orders,
Embargo, its Definition 1390+3 rotisse 260
is at their own Peril sa 3d on
ditto
Engliſh, to what Places they may ſend Confuls 280
Drawing at one Place, and remitting on an-
Their Commerce, &c.
20 & 614
other with del Credere, what Lofles muſt
Wherein excel all others in a commercial
bear
OS: Wayn
Obliged to draw for their Principal's Ac-
Their Loſs by the French Trade
count, how may paſs their Bills
When firſt began their Perſian Trade 788 And Executors Bankrupts, with the Effects
Entries of Goods inwards, how made
407
of others in their Hands, how are to be
for Goods to be exported by Certificate,
proceeded againft
22
how made
425
Failures, how to be guarded againſt
Eflex, its Products
621
In France different from Bankruptcies
Examination and Delivery of Foreign Goods, how Fairs for Exchange at Lyons
made
415 to 422
at Francfort
Exchanges, the Difference
at Leipfick u
When have been prohibited
ditto
at Naumbourg
ditto
Exchanging by Bills, on Marts and Fairs, what Fees, payable to the Cuſtom - houſe Officers of London 435
it is
477 Feigned and borrowed Names, when may be uſed
Exchange Brokers, their Qualification and Duty
495
in Exchange Contracts
Exportation of Wool, why was prohibited
617 | Fife, its Products
630
Of Bar Iron from London prohibited 89 Fines on an illicit Trade to Turkey
By Certificate, what Time is allowed
Levied as a Security in ulurious Contracts,
for it
410
how may be avoided
Exports from England, of what conſiſt
615 Fiſheries, Britiſh Encouragement of
64, 65
To France annually
640 Flanders, it, Trade with Ireland
715
627
Flintſhire its Products
F.
Florence, its Trade
ACTORS, their Buſineſs and Duty
685
Muſt make Satisfaction on Breach of
45 Florida, Deſcription and Trade of
Flotſam, its Definition
142
Orders
ditto Foreign Coin, Gold or Silver Bullion, or Jewels,
Truſtee for his Principal, therefore can-
permitted Exportation
not retain any Goods, if the Mer. Foreign Seamen' may be naturalized by ſerving in
chant die indebted by Specialty, &c. 46 our Navy
352
Foreign
n the Advices of
799 to 816
210
211
448
464
615
639
466
586
527
598
477
478
448
479
19473, 474
660
402
752
FACTORS
39
IND
E X.
of America
9
I 20
I21
I 21
148
American Trade
Foreign Seamen and Landmen by ſettling and re-
General Trade of Italy
Page 745 to 747
ſiding in the Britiſh Planta-
Of Africk
767 to 785
tions
Page 353
Of
785 to 844
And being Proteſtants, without
Of America
844 to 856
e taking the Oaths, srivo
ditto
Of Holland
856
Trade, its Benefit to England. 20.0615
Of Denmark and Norway
860
Goods found aboard any Collier,
Collier, Fiſher Geneva, its Deſcription and Trade
892
Isso boat, & co the Penalties
Se 58 Genoefe, their Commerce 10:49
9 & 747
Forgery of Bank-Notes, &c. is Felony
389
Rivals , it
Ditto, of Bills of Exchange is 483
Their Wars with ditto, and the Loſs of the
France, its Trade with Great Britain
639 to 641
Battle of Chiozza
ditto
With Ireland
i; 713 & ſeq. Georgia in America, its Trade
685
Its general Trader
718 to 736 In Afia, ditto
792
re Reflections on the Growth of it, and of its Germany, its Trade with Great-Britain
643
Manufactures bibo
16 to 20 Glamorganſhire, its -Products
627
Franche Compté, its Trade and Prodycts on it 727 Glaris, noted for its Green Cheeſe and Slates
889
Fraudulent Bankrupts, who are foarte
O brods 621
539 Glouceſterſhire, its Products
Frederickſnald, its Tradeoffen in
bid. 11 805
872 | Goa, its Trade
Frederickſtadt, its Trade
873 Gaolers, their Penalty for a Bankrupt's Eſcape 595
Free Bench, what Eſtate it is
555. Golconda, its Trade y for a
810, 811
Freedom, in the African Company, how, and on Gold or Silver Bullion, Foreign Coins or Jewels,
what Terms obtained
0741389
666, 667 permitted Exportation
39
Freightwhat it is not abam 01.10 u8 Coin, its Par between London and Amſterdam 499
or is due for Goods laden after breaking
Its Par between France and Holland ditto
Ground, although the Merchant ſhould
Its Par between Liſbon and Amſterdam 500
determine to unload them
And Silver compared to
503 & ſeq.
2. Due to a Ship diſabled, how the Maſter
may
Goods ſeizable after clearing a Ship
58
act
ditto
May be thrown overboard in a Storm 117
To a Ship failing after the Time agreed on,
Delivered to a Maſter of a Ship, may not
either arriving ſafe, or meeting Loſs ditto
be attached
ditto
* To be paid only on a Ship's Return, was 15 Partly ſtole in a Voyage, the whole Freight
diſcharged, though ſhe was not
not loaded
not due
Sic Home od dealsit 2017
ditto Found on any Perſon, taken or ſtolen from a
mit Agreed for a Ship to load at another Port,
Ship in Diſtreſs, hall be delivered to the
hand on her Arrival there, nothing is put
Owner
143
O * aboard her, is yet due
Thrown overboard in a Storm, how to be
CD Agreed for by the Ton, ſhall be paid for
valued before a Contribution
gut accordingly sugh
ditto
In Neceſſity may be caſt out of a Ferry-
Ch For lading of Cattle is recoverable, both on
boat
149
s Dead and Living ro7
others have been
ditto
Thrown, overboard after others have been
C's Though if at ſo much per Head, then it is
ko clandeſtinely taken in, hall be paid for 1
to je only paid on thoſe that are alive
ditto
by the Maſter
150
i If not previouſly agreed in either of the
Loſt by Piracy; or Tempeſt at Sea, and
above Manners, then to be paid both for
they afterwards come aſhore, the Owner
Dead and Living
ditto
ſhall have them, if he can prove his Pro-
To be recovered according to Cuſtom, for
perty
144
on Goods ſent on board, generally
ditto
Pirated from Foreigners, and fold here in a
To be paid by the Freighter, tho' me be de-
Market Overt, thall convey a Property 245
29tained for his ſhipping unlawful Goods ditto Of Pirates, and not piratical Goods, become
agreed for Out and Home, none due 'till
a Prize to the Captor 9: 5
254
the Voyage be performed
ditto
Not to be taken out of a Prize till Con-
Preferred before any other Debts
demnation
rostorno in ditto
Is due on a Ship taken and retaken, pro-
Inſured as belonging to an Ally, when ap-
vided the afterwards proceeded on her
pertain to an Enemy, void
299
Voyage i si
ditto
In Holland, carried by Land, to be inſured
To be paid for Wines, though they have
only nine-tenths of their Value
leaked in the Voyage, provided the Maſ-
Which muſt be named in Policies of Inſu-
ter be not in Fault
ditto
rance at Amſterdam
329
Agreed for by the Month is due, if the
Thrown overboard, to be brought into groſs
Lading be ſaved, though the ship periſh
Averages at Amſterdam
334
after paſſing the Downs
123
Whereon no Drawback is allowed
411
To be tried by the Admiralty
265
Muſt not be landed before the Duties are
French Flanders, its Trade
ſatisfied
731
410
Goods ſent to the Spaniſh Weſt-Indies
That may be ſhipped and landed between
854
Limehouſe and Weſtminſter
423
Pilots'their Qualification and Duty
Chargeable with Cuſtoms, exported with
Driven from all their African Settlements 770
others that are free, muſt have two
Fribourg, its Products, so
890
425
Friend's Ships known by our Men of War, to be
Found in a Bankrupt's Hands are ſuppoſed
affifted by them
269
to be his, and ſhall paſs to his Creditors
accordingly
551
G.
Of a Bankrupt when may not be ſold by
AGE Marks to be put on Ballaſt Lighters
130
the Commiflioners
552
Galleons, &c. taken, to be tried in Great-
Of a Bankrupt not to be removed till his
Britain
Rent be paid
209
Gomron, or Gambroon, its Products and Trade 788 Mortgaged or pledged after Bankruptcy,
General Courts for relieving Seamen diſabled, &c.
are over-reached by the Commiſion 584
861
in the Merchants Service, when to be
Prohibited Importation in Denmark
Governors of the Royal Exchange and London Al-
Releaſe from an Award, its Form
348
ſurance, the Time of their continu.
618 to 626
and
May be Members of Parliament, but not
628 to 634
belong to both Offices
264
706 to 718
Of the Bank, their Attendance and Sa-
Dan 718 to 736
736 to 741
Their Qualification
742 to 744 Gratuity, accepted by a Lender is not ufurious
Great-




122
328
738
135
1
Cockets 1000

G
576

held
III
263
ance
627, 628
Trade of England
o Of Wales
Of Scotland
Of Ireland
Of France
Of Spain
Of Portugal
i lary
збо
361
364
NIDE X. I

348
its 890
804
85
690
72103
Great-Britain, fuppoſed by ſome the greateſt Inland Ilfordcome Harbour, its AS b Page 165
in the World
Page 617 ---Its Lighthouſe, when to be'ufed, and what
Its former Names, Situation, and Di-
paid towards it
ditto
menſions
ditto Importers of the Manufactures of Perfia, Via Muf-
Its Number of Pariſhes and Cities ditto
covy, what Oath they muſt take
704
Greeks, Scholars to the Phoenicians, in the Science Impoſts on Goods at the Cuſtom-houſe of, Cadiz
of Navigation
50 Impreting into his Majeſty's Service ; Exemptions 183
Greenock Harbour Act
205 Impriſonment decreed in the Navys not to exceed
Grenada, one of the four American Governments,
two Year's 2:
: 27.1
an Account of
699 Incidents which make one a Subje& born with
Gruiere, noted for the Quantity and Quality of its Income of Conſuls, how ariſes
280
Cheeſe
890 India Coaſt, their Trade
Guienne, its Trade and Products
Indigo of all Sorts may, be imported Istanga <!
Guipufcoa Company, their Charter, &c.
Regulations concerning it to incite 86 & 87
Gulf of Perfia, its Trade
288 | Indojlan, -its Trade and Products 291430SM
799
102
Guns aboard not to be kept ſhotted, nor fired at Intructions from the Kings to Commanders) of 1
She was
unſeaſonable Hours between London Bridge
Privateer's $75 cw strony 234 to 238
and Blackwall
108
For the Commiſſioners of Bankruptcy
Gunpowder permitted Exportation, when the Price
at Amſterdam
606.
does not exceed 5l. per Barrel 44. Inſurance, or Affurance, its Definitions 1& 291
Not to be received aboard any outward-
0 Inventea by Claudius Cæfar, or the Jews 292.
bound Ship, till ſhe be over-againk
do Brought into England by ſome Italians ditto
Blackavall; and Ships coming home
Not to be made for Marriage, Binths, 2012
to put it out before their Arrival
Chrifenings, and Service of sub a ditto
there, or within 24 Hours after 108 bill Not to be made Intereft lorsno Intereſt
293
Guſurate (fuppoſed to be Tarſis, where Solomon's
How
may.
be made for Privateers 9h ditto
con
Fleet went) its Trade
799
Was hat árft confined to Maritime Affairs
only, but now extends to Houſes, Fur-
C
H.
1129 6 oniture, Lives, Liberties, &c.2. ol 295
HABAT in Fez, its Produ&s
767
Their Varfety 0 ou gaivinis noftris
ditto
H Haddock, Freſh Herrings, &c. not to be im-
No Diſtinction between Solar and Lunar
ported but in Engliſh built Ships, &c. 59
bo Months otodi do 501) ditto
Haddington, its Products origine
631
Not liable, if a Ship be burnt, before
Hamburgh, its general Trade
859
breaks Ground ordboa ditto
Its particular Trade with France 689 5. Made abroad, may be ſued for in England ditto
With Spain
With a Blank in the Policy, or for pro-
With Venice
699
hibited Goods, not binding beste ditto
Its Bank
327
Made, to depart with Convoyz not binding,
Hampſhire, its Products
odiof the Maſter voluntarily quits it to ditto
Hanſeatick Towns, their firt Eftabliſhment and
Not liable for a Theft by the Sailors, but
Commerce
the Matter
ditta
Oitis
Their Names in the Confederacy
Made without informing the Inſurer of
Its Reduction by many Towns withdraw-
every material Circumſtance, is fuffi-
ing from its Aſſociation
ditto
with cient to diſcharge the Policy
ditto
Thoſe ftill reſerving the Name ditto
Liable, if a Ship be forced from her Con-
101
Haven, or Harbour, its Definition
151
et voy in a Storm, and is taken ditto
Not to be damaged by throwing any thing
Diſcharged by a Deviation from that
into them
131
Puisto
296
Hemp, Flax, and the Production thereof, may be
Tho'ſecuring againſt Refraint of Princes,
- imported here from Ireland
59
does not warrant a navigacing or act-
otti Bounty on Importation of, from the Colonies ditto
ing against the Law of Countries ditto
Hereditaments may be purchaſed by the Eaſt-India
Void, when made on Goods of an Ally,
Company, not exceeding, 10,000l.
and they are an Enemy's su
ditto
680
Made on Goods perilhable from their
Herefordſhire, its Products
own Nature, not liable for Damage ditto
Hertfordſhire, its Products
ditto
Made for another, may be ſued for and
Hiſpaniola, or St. Domingo, its Trade and Products 845
recovered by him that made it
297
Holland, its Trade with Great-Britain 641 to 643
Sundry new and ſpecial Caſes of 298 to 321
Ditto with Ireland
715
When it commences and terminates
Ditto with France
May be made for Goods loſt, if the Al-
Ditto with Spain
ſured knew not of it
294
Ditto with Portugal
743
On Bottomry, when valid and Reſpon-
Ditto with Venice
745
dentia
Its general Trade
855
Made on India Ships, Detention in India
Holſtein, its Trade
861
does not void the Policy
Hottentots, good Mechanicks
777 Inſurers on Goods not freed on the Ship’s Arrival
Hudſon's Bay Company, when procured their Charter 684
at her Port
Their Trade
ditto Not to return the Premium, in Caſe of Dea -
Hull River and Beverley Beck, the Ad about them 193
viation
Not liable for Ships taken on a neutral
Huntingdonſhire, its Products
621
Coaſt, and carried into a neutral Port,
Huſbands of Ships defined
407 Not releaſed by an intended Deviation only ditto
Paid for a Ship, ſent as a Flag of Truce,
I.
yet taken by the Enemy
JAMAICA, its Trade and Produkts 700
Paid the Whole for a Ship that had been de-
842
ſerted, and was afterwards brought into
Java, its Trade and Products
829 & feq.
Harbour, tho ſuppoſed unferviceable
Iceland, its Trade
876
Paid for Goods taken in a neutral Ship,
Jerofaw, its Trade
881
expreſſed in the Bills of Lading to be for
Jerſeys, their Trade
299
692
neutral Account
in America, Defcription and Trade of ditto
On a Privateer for a Month, that was da-
Fello, its Trade and Products
843
10 maged by the Enemy, and could not be
Jetfam, its Definition
142
refiited during that Term, were
w Jews encouraged to ſettle at Naples
750, 75!
do quitted
Not permitted, by their Laws, to take Uſury
On French Ships in the War of 1744, paid
from one another
405
for thein
Inſurers,
621
9
IO
- Time only
for den
per_Annum
621
,290
718
736
320
321
296
ditto
I
& 194
297
ditto
298
and
Sooled
ac-
300
ditto
4
Ι Ν D E X.
306
348
631
873
849
624
Of Molucca, their Trade
Of Orkney and Shetland, ditto
Of St. John, their Trade
Of Thieves or Ladrones, their Trade
Italy's Trade with Great Britain
Inſurers on a Privateer, Intereſt or no Intereſt, Judgments ſuffered as a Security in uſurious Con-
which was taken and re-taken, bore the
tracts, how may be avoided
Page 402
whole Loſs
Page 302 | Ivory Coaſts, its Trade
768
On a Ship from London to Gibraltar, war Juriſdiction, the Admiralties limited by whom 265
ranted to depart with Convoy, taken near
Marine, its Officers
267
Spithead, in the way to her Convoy, ſuf-
Of Marine Court-Martial, how far it
fered a total Loſs
extends
271
On a Ship, at Intereſt or no Intereſt, that Juries, how to be made up, when one Party of the
was taken and ranſomed, were obliged
Cauſe is an Alien
to pay an entire Loſs
307 Jutland, its Trade
860
On a Ship, at Intereſt or no Intereſt, which
K.
was taken, re-taken, and ſold, to pay
KENT, its Products
622
Salvage, were freed
310
Keys, at London, where Goods are
On a Voyage, as the laſt, which the Ship,
not thipped or landed
423
by Damage from a Storm, could not per-
Thoſe which are lawful, and the
form, paid the Loſs
311
Time for working thereon
ditto
Of a Ship and Cargo, which were taken
Kily, or Kilia, its Trade
760
and ranTomed for more than they ſold for,
Kincardin, its Products
631
paid an entire Loſs
Of a Privateer, for two Months Intereſt or
313 | King, the, to have Bonds due by an Alien Enemy 349
To have the Goods of an outlawed
no Intereſt, that was taken, re-taken,
Bankrupt
553
and Salvage forgiven, paid the total
David, his immenſe Riches
27
Loſs
ditto Kinghorn Harbour Act
197
Of a Ship at and from Liſbon, which was
Kinroſs, its Products
deſerted by her Crew, and laid there till Kirkcaldy Port, Act concerning it
19+
rotten, paid the Loſs
314 Kirmant, its Trade
760
Underwrote a Ship for a Voyage, in which Krageroe, its Trade
the took a Prize ; and returning to con-
L.
voy it (forced thereto by the Crew) was
LA Conception, its Trade
taken, though the Prize got ſafe, paid the
Ladrones, or Itles of Thieves, their Trade
841
Loſs
ditto Lagan, its Definition
142
On a Ship to depart with Convoy from one Lancaſter Port, its Act
178
of the two Places mentioned in the Poli-
Lancaſhire, its Products
622
cy; but as none was expected there, the Land Forces of England, with what Butter and
Captain failed to another, where he was
Cheeſe are Tupplied
aſſured of meeting one, and accordingly
Waiters, what Copies are to make in their
failed out to join one that came off the
Books, before Goods are delivered
414
Port; however, he was taken, and the Lanerk, its Products
831
315 L'Angoumois, its Trade and Products
On a Ship from La Vera Cruz to London, at Languedoc, its Trade
Intereſt or no Intereſt, which was ſeized La Trinidad, its Trade
853
by the Spaniards, after a Ceſſation of
Lauſanne, its Products
888
Arms, paid by the Inſurance
316 Leagues and Truces, what they are
262
Are obliged for no more than 98 per Cent.
Are offenſive and defenſive
ditto
In France, and at Amſterdam, Regulations Leaſes at an Undervalue, when are uſurious 403
and Ordinance concerning them
Inſurance Offices, when eſtabliſhed at Paris, Stock-
325 to 340 Legal Intereſt only taken, is ſafe, though the Bond
was uſurious
402
helm, and Naples, and with what Funds 340 Leghorn, its Trade
752
Interlineation and Rafure, when makes a Bond
Leith, Harbour Act
204
void
443, 444 Leiceſterſhire, its Products
622
Inventors of Bills of Exchange, who are ſuppoſed Lenders of Money, accepting a Gratuity, are not
to be
thereby Úſurers
403
Inverneſs, its Trade
631 Leon (in America) its Trade
853
Joint and ſeparate Creditors of Partners Bankrupt.
Leſparſo, its Trade
852
cy, out of what Eftate are to be paid 579 Letters of Marque and Repriſal, what they are
Trader Bankrupt, does not affect the Fitate
The requiſite Circumſtances for ob-
of his Partner
ditto
taining them
214 & feq.
IRELAND, its Commerce liberated from former
Their Form
Reſtraints of Britiſh Acts of Parlia-
The Method of procuring them 223
ment
59, 60, 61, 62, 64
Of Attorney made by Seamen, muſt be made
Its Counties
634
revocable
277
Its Trade
706 to 718
Of ſafe Conduct to be enrolled in Chan-
Iron, Bar and Pig, imported from America, Duty
cery
261
free, &c.
From a Merchant to his Wife, &c. to accept
Iſle of France, its Products and Trade
Bills of Exchange is not a proper Power 462
Of St. Thomas, its Trade and Products 781
Of Credit, their Difference, and what they
Illes of Aſia, their Commerce, &c. 827 & ſeq.
484
Of Banda, their Trade
838
Their Form
485
Of Cape de Verd, their Trade
781 Of Reſpite, in France, defined, and how
Of Cuba, its Trade
procured. See Bankrupts in France.
Of Japan, or Japon
842 & ſeq. Levant Trade
755
838 & ſeq. Licences, grantable to Landmen, to protect them
633
for two Years from the Preſs
702 Lighters on the Thames, Regulations concerning
841
them
Iſpahan, its Products and Traffick
130 & 132
790 Lighthouſe, its Definition
The firſt built by Ptolemy Philadelphus ditto
What Goods it furniſheth for the Spaniſh
Several others abroad, as the Tower of
739
Cordon, the Phare of Meſſina, at Ge-
743
noa, Barcelona, &c. And our's at
745 & feq.
Home, on Scilly, the Eddyſtone, ,
Judges, &c. in his Majelty's Dominions abroad,
Caſkets, Portland, Dungenneſs, Fore-
,
land, Skirries, &c.
ditto & 211
224 Lighthouſes and Beacons to be erected by War-
246
213
Light-

Loſs paid
722
728
318
448
213
216 to 219
88 to 90
718
are
845
100

2IO
658
Weft-Indies
Its Trade with Portugal
Its general Trade
Fudda, or Zidden, its Trade
788
their Duty about Ships taken
How appointed for trying Pirates, &c,
rant
III
I N D E X.
210
122
8 & 448
Not reſtrained from departing the King-
Lighthouſes, that at Ilfordcombe, when to be uſed Maſters muſt Contract with their Mariners before
Page 165
fet fail
105
The Coloſſus of Rhodes, a famous
Carrying above 16 Guns, muſt not ſtrike to
one, its Deſcription
Pirates without fighting
106
Lima, its Trade
851 May deduct from Sailors Wagers for Loſſes
Limerick, its Trade
636
by negligence
107
Limits of the Port of London
154
If burn or wilfully deſtroy their Ships, Felony ditto
Limoſin, its Trade and Products
722
Muſt put their Powder on Shore in the River 108
Lincolnſhire, its Products
622
To anſwer for the Barretry of their Sailors 117
Linlithgow, its Products
631
Having let out the whole Ship muſt not
Liſt of the licenſed Ports of England, with their De-
receive any other Goods than the Freight-
pendencies
151 & feq.
er's
Little Boucharie, or Caſghar, its Trade and Pro-
Cannot bring an Action againſt the Freight-
ducts
794
ers, if the Ship did not arrive at the
Cumray Lighthouſe
212, 213
Port agreed
123
Molucca Ines, their Trade
792
Not getting their Lading agreed for out
Livonia, its Trade
879
and Home, how to proceed
124
Liverpool Harbour, its Act
157
When they may take up Money on Bot-
Loading muſt be ſhipped within the Time ſpecified
tomry
128
by Charter-party
119
How muſt act at London, in Regard of Bal-
Loango, its Trade
775
laſt
129
Lombards have the Invention of the Bank, Book-
Refuſing to take a Pilot, in Pilot's Water,
keeping, and Exchanges attributed to
Penalty
132 & 133
them
May take two Pilots in Holland
137
London Aſſurance, when incorporated
292
Muſt reward People helping to ſave the Ship 143
Lord High Admiral may appoint Vice Admirals to
Their Duty in Diſtreſs
148
adjudge Marine Caſes
267 In foreign Ports
209
Lorrain, its Trade and Products
731
Muſt not overlade their Ships
149
Loſs of an Inland Bill of Exchange, its Conſe-
After an Ejection of ſome Goods ſhoald
quence
446
not deliver the Remainder till a Contri-
Louiſiana, or Miſilippi, its Trade
854
bution is ſettled
150
Lubeck, its Trade
859 To pay for Goods thrown overboard, when
Lucca, its Trade
753
this has been occaſioned by taking in
Lucerne, its Trade
889
others contrary to Agreement
ditto
Lyons, celebrated for the Greatneſs of its ancient
May detain the Cargo till a Contribution is
and modern Trade
7
fétiled for the Mafts cut away, &c.
ditto
Lyonnois, its Trade and Products
720
Pledged for the Ranſom of a Ship taken by
Pirates, when to be redeemed
242
M.
May not refuſe bringing their Sailors Home,
MACAO, its Trade
&c.
Macaſar, its Trade and Products
835 What may pay the Sailors whilſt beyond
Madagaſcar, its Trade and Products
249
Madeira, its Products, &c.
731
Muſt obey their Convoys
253
Madras, its Trade
809 On Arrival at any foreign Port, where
Malabar, its Trade and Products
804 to 808
there is a Conſul, Rules for his Beha-
Malacca, its Trade
viour
Maldives, their Products and Traffick
How are to proceed in paying the Cuſtoms
Malimbo, its Trade
775
in Norway
876
Malta, its Trade and Products
784 | Mafulipatnam, its Trade and Products
810
Mangalor, its Trade
806 | Mate of a Ship may ſue for Wages in the Admi.
Manillas, or Philippines, their Products and Trade 840 ralty Court
99
Maracaibo, its Trade and Products
848 | Mayo, its Products
634
Margarita, or Pearl Ife, its Trade
846 Meaſures, both applicative and receptive, with
Margate Harbour, its Act
163
their Variety and Correſpondency with
Marque, Letters of. See Letters.
one another
893 & feq.
Marriage Bonds, their Power in Bankruptcies 560 Melinda, its Trade and Products
779
Marriages not to be inſured
292 | Merchandize proper for Italy
754
Marſeilles, its Alliance with the Romans, Antiquity
To be laden and unladen at any cer-
and great Trade
6
tain Ports only in the Day-time
39
Martinico, its Trade and Products
854 Merchant, Derivation of the Title, and his Cha-
Maryland, its Trade and Products
690
racter
31
Maſcate, its Trade
787
The Antiquity and Honourableneſs of
Maſters of Ships receiving on board Tools and
the Employ
ditto
Utenſils in our Woollen Manufactories,
Privileges granted to it in France ditto
&c. to carry abroad, Penalty
45
No Diſparagement to Nobility
32
Anſwerable to Owners for their Damage
55
Mapy Kings and Princes exerciſing the
Shall not loſe their Ships for a ſmall uncur.
Function
ditto
tomed Thing
57
What Qualifications he ought to make
Muſt ſwear that the Owners are Subjects of
himſelf Maſter of
33 & 34
Great Britain.
Maxims propoſed for the Management
What Money they may advance their Sailors
of his Affairs
in the Sugar Trade
Statute Laws of England relating to
Anſwerable for Goods loft before ſhipping 91
them
38 to 40
Cannot ſue for their Wages in the Court of
Not obliged to ſue a common Law
ditto
Admiralty, though the common Sailors
Subject to the Laws of the Country
ditto
may
where reſident
May ſue for their Ranſom from Ship and
Goods, if Ranſom then and remain
dom without Licence
ditto
Hoſtages for the Performance
94
Have Liberty to tranſport Iron, Armour,
Can ſell no Part of their Ships, but may
Ec.
hypothecate them
92
39
Adulterating Wine, are puniſhable
Are not anſwerable for the Contracts of
Importing Tobaccos have an Allow-
their Sailors
ditto
ance
May not impawn their Ships for their own
His Effects in Partnerſhip ſhall not go
Debts
ditto
to the Survivor
ditto
Should ſubmit to the legal Orders of Confuls 99
Need not provide againſt Survivorſhip ditto
Merchant,
825
248
780
Sea
814
827
97 & 286
64
35 to 38
83
92 & 268
39 & 44
98
I N D E X.
621
551
N.
352
Merchant, Accounts between them, how ſtated Money given by a Debtor for a Sum lent his Cre-
Page 39
ditors is not uſurious
Page 402
An A&tion may lie againſt one, though
Lent for a Time gratis, and thenceforward
more obliged
ditto
at an extraordinary Intereſt, is not uſu-
To call him Alien Bankrupt, is actionable ditto
rious
403
Obliged to pay a Bill according to Agree-
Advanced on Letters of Credit, of whom is
ment, though due on a Day unknown
recoverable
484
in our Law
40 Monmouthſhire, its Products
623
Not compellable to come with his Ship Monomotopa, its Commerce, &c.
778
into any Part of England againſt his Montauban, its Trade and Products
721
Will
ditto Montgomeryſhire, its Products
When may plead the Statute of Limita Montreal. See Canada,
tion, and when not
ditto Morat, its Trade
889
Prohibited the Importation of fundry Morges, its Port
888
Goods from ſeveral Parts
41 Mortgages of a Bankrupt, how far they are in the
Feme Sole in London, trading without
Commiſſioners Power
her Huſband, ſhall anſwer for her own Mortgaging or ſelling Land is over-reached by
Affairs
ditto
Bankruptcy
583
Reſtrictions on exporting Beer, &c. ditto Moſambique, its Trade and Products
779
Ditto concerning the Importation of Moudon, its Products
889
Corn
ditto to 44 | Moulins, its Trade and Products
724
Loſing Goods at Sea, Cuſtom paid, ſhall Municipal Laws of a Country, in Caſes of Deſcent
on Proof have Liberty to ſhip a like
are more to be regarded than Proximity
Quantity, Duty free
ditto
of Blood
359
May tranſport Gun-powder when the
Muſcovy, its Trade with Holland
857
Price does not exceed 5l. per Barrel ditto Mutiny not to be concealed in the Fleet
270
Seducing Artificers and Manufacturers
to go abroad, Penalty
44
In his Entries at the Cuſtom-Houſe ſhall
N AIR N, its Products
631
be diſpatched in his Turn
424 Nantes, its ancient Trade
6
May break Bulk in any Port, and pay,
Naples, its Trade
750
Duties for no more than he enters and Narbonne, famous in Antiquity for its Trade, be-
lands
ditto
fore the River Aude deſerted its Port
5
Not anſwerable for a Piracy done by his
Narwa, its Trade
879
Ship
244 Natural-born Subjects may inherit, though ſprung
Strangers (by Magna Charta) have Li-
from Aliens
348
berty to come into, depart, or remain Naturalization, what it is
here
39
Muſt be by Act of Parliament
ditto
Any Abuſe offered them puniſhable ditto
Several Acts about it
ditto
Shall not be impleaded for another's Navarre, the lower, its Commerce
731
Debt
ditto Navigation Ad, the celebrated Britiſh 50 to 53
Six Months allowed to withdraw their
Freedom of
287 to 291
Effects, in Caſe of a Difference with
Navy, its Laws
their Prince
ditto Neufchaiel, its Trade and Fairs
Obliged to ſell their Merchandize at the New England, its Trade
692
Port where they laid in Groſs ditto Newfoundland, its Trade
702
Made Denizens to pay alike Cuſtoms as New Haven Harbour, its At
164
before
ditto New Stile and Old, at what Places they are ob-
Aliens as well as Denizens, may export
ſerved
485
and import from and to Ireland all New York, its Trade
691
Sorts of Goods, except Wool, &c. 41 Noah's Ark, ſuppoſed a Pattern for the firſt Ships 49
Merionethſhire, its Products
627 Norfolk, its Products
Method of proceeding after a Ship’s Report is Normandy, its Trade and Products
725
made
428 Northamptonſhire, its Products
623
Middleſex, its Trade
622 Northumberland, its Products
ditto
Mid-Lothian, or Edinburgh, its Trade
630 Norway, its Trade wirh Great-Britain
705
Milan, its Trade
752
Its Trade with Holland
Milford Haven
205
Its general Trade
Minehead Harbour, Laws concerning it
155
Notice to be given by the Aflignees of Bankrupts,
Mingrelia, its Traffick
792
before making a Dividend
589, 590
Mišilippi, its Trade and Products
854 | Nottinghamſhire, its Products
623
Miftake, of a Sum in a Contract, its Effects
439 Nova Scotia, our Title to it
692
Mocha, its Trade and Products
Grant of it to Sir W. Alexander
ditto
Modena, its Trade
753
Part granted afterwards to Sir David
Molucca Ifles, their Trade
Kirk, who ſold it to the French King ditto
Money of a Bankrupt in the Sheriff's Hands is not
As Sir W. Alexander did his to a French
aſlignable by the Commiſſioners
552
Nobleman,who afterwards re-fold it
Overpaid on Uſury, by one becoming after-
to Sir Thomas Temple, from whoſe
wards Bankrupi, ſhall be refunded
553
Heir, Samuel Waldo, Eſq. of New
Its firſt Species and Uſe
613
England, bought it, and ſold an un-
Lent on Bottomry muſt be only on Ship and
divided Moiety to the Author
ditto
Cargo
128
Its Products and Importance to the
To be lent on Bottomry by no other Com-
Crown of Great-Brttain
692
pany or Corporation than the Royal Ex Novogorod, its Trade
836
change and London Aſſurances
292 Number of Perſons requiſite to make an Exchange 450
On Bottomry, to or from the Eaſt-Indies, Nyon, its Products
888
ſhall be on the Ship only
293
May be brought into Court by any one ſued
0.
in an Action of Debt on a Policy of an
ditto
Paid the Affured on a ſuppoſed Loſs, may
ATH, to be taken by the Court for Trying
246
Lent on Bottomry and inſured muſt be paid
296
By a Marine Court-Martial before
Trial
272, 273
dicto
Of Commiſſioners of Bankruptcy
inſured
Of a Creditor before the Commiſſion-
339
ers of Bankruptcy
Offences
268 to 271
891
623
857
870
786
835

Inſurance
be recovered if no Lors happened
both by the Inſurer and Borrower
Given à la Groſs at Amſterdam, how to be
536
578
Ι Ν D Ε Χ.
578
814
58
348
I 2
408
744
a
Offences done in Privateers to be puniſhed as thoſe Payments of Bills of Exchange, how to be calcu-
in Ships of War
Page 226
lated when Stiles differ
Page 484
Committed at Sea and in our Havens,
To one Partner is Payment to all
where triable
243 Peebles, or Tweedale, its Products
632
Done in Harbours, which exclude the
Pegu, its Trade
Criminals from Benefit of Clergy
251 Pembrokeſhire, its Products
627
Againſt ſafe Conducts, how puniſhed 261 Penal Bill for Payment of Money, its Form 445
Offices, under Government, not to be held by Penalty for concealing Bankrupt’s Effects, and of
Aliens
349
Creditors ſwearing fallely
593
For giving an Alien's Lands to the King, Pennſilvania, its Trade
691
under what Seal they muſt be
ditto People, ſtricken or poiſoned in one place, and dying
Officers of Exciſe may ſearch Ships
in another, where triable
250
Of the Quays at London, and thoſe in the
Born in the Britiſh Plantations, or on the
Country, the Times of their Attendance
Britiſh Seas, are Subjects of England
For ſearching Ships at Graveſend, not to de-
Born aboard South-Sea Company's Ships,
tain above three Tides
ditto
are natural Subjects
351
Oldenburgh, its Trade
861 Pernaw, its Trade
880
Old Stile and New, in what Places each is ob. Perth, its Products
632
ſerved
485 Peſcherie Coaſts, their Trade
808
Omiſſions in Reports at Cuſtom-Houſe, how reine Feter Alexowitz, Czar of Mufcozy, his great Care
died
in forming his Subjects to Trade
Ophir (where Solomon's Fleet went to) ſuppoſed to
His Endeavours to make himſelf
be Sumatra or Malacca
27
Maſter of the Perſian Silk Trade 881
Order to the Calhiers of the Bank of England for Peterſburgh, Account of
ditto
Payment of Money, its Form
396 Petty Average, what it is
151
Orkney, its Products
633 Phænicians, ſuppoſed the firſt Mariners
50.
Orleans, its Products
723 | Philippines, and Manillas, their Trade and Pro-
Ormus City and Ille, their Trade
ducts
840
Oftend Harbour, Regulations of
205 to 209 Picardy, its Products and Trade
719
Owners of Ships, who they are
53 Picdmont, its Trade
753
Majority may let the Ship to Freight ditto Pilchards, abundant on the Corniſh Coaſt
619
May break their Partnerſhip at Pleaſure 54 Pilots, their various Denominations and Definition 132
Joint are Tenants in common
ditto
From Dover, Deal, and the Iſle of Thanet,
Are liable for the Actions of the Maſters
their Examination and Admittance
133
they employ
ditto
Their Pay and Number
ditto
May ſue the Maſters for the Damages they
For what Offences their Warrants may be
do
55
recalled
134
Their Caſes with the Maſters about Repairs ditto In France, their Qualification and Duty 135
& 56
In Holland, ditto
136
Not entitled to Freight if an Embargo is
At Norway, ditto
laid
ditto Pirates, or Sea Rovere, their Definition
241
Liable to pay the Maſter's Debs for Provi-
Moſt in America
ditto
fions
go Eſtabliſhed at Algiers, Tripoly, and Tunis
242
What they muſt do for Seamen wounded in
Robbing in a Harbour not Piracy, but a
their Service, and for the Widows of the
Robbery
246
Slain
107
When to be executed without Trial
243
Oxfordſhire, its Products
Commiſſion for ſeizing them
250
Places to which the Engliſh fend Conſuls
279
P.
Poitou, its Trade and Products
722
Poland's Trade with Great-Britain
705
PAITA, or Piura, its Trade
853 Policy, of Inſurance, its Etymology
291
Panama, its Trade
852
Againſt Reſtraint of Princes, what it in-
Par of Monies, its Definition
498 & 499
cludes
296
Of Gold Coin between London and Amſter-
Not avoided by an intended Deviation
297
dam
ditto
On a Cargo, its Form
312
Ditto of Silver Money
ditto
On a Life, its Form
313
Of Gold Coin between France and Holland ditto At Amſterdam, its Particulars
324, & feq.
Ditto of the Silver Money
500
In France, where muſt be made their Con-
Of Gold Coin between Liſbon and Amſter-
tents, EC,
339, 340
dam
ditto | Pomerania, its Trade
877
In its Calculation to avoid the great Frac-
Pondicherry, its Trade
810
tions
501 to 503 Poole Harbour Act
204
Pariſh Boys, how to be put to Sea
Porco, Percatti, or Percat, its Trade
808
When Apprentices at Sea, not to be Port, its Definition
151
preſſed till eighteen
Porto Bello, its Trade
846
Not to pay to Greenwich till that Age ditto Porto Cavallo, its Trade
847
Muſt not be refuſed as Apprentices Porto Rico, irs Trade
846
by Maſters of Ships
ditto Portugal, its Trade with Great Britain
654
At what Age they may be bound ditto
Ditto, with Ireland
Parma, its Trade
753
Ditto, with France
Partner, Bankrupt, what may be recovered of him 578
Ditto, with Venice
745
Indebted to another, a Bankrupt, what is
Its general Trade
obliged to pay
Its African Company's Trade
His Debts, when bind the others ditto
Its American Trade
855
Partnerſhips in a Ship may be broke at Pleaſure
Not to exceed 6 in the Banking Bufi-
ſequence
neſs
399 Poffeffor of Bills of Exchange, Rules for his Con-
Parton Harbour, its Act
156
duct under every Circumſtance
469 to 473
Party not to be a Judge in his own Cauſe by the Poſt Entries for the Surpluſage of Cuſtoms, how
Award of Arbitrators
341
muſt be made
Paſſes, their counterfeiting or erafing made Fe.
Not admitted for Goods paying Duty
lony
Paul Jones claimed as a Pirate
Not allowed for thoſe paying Duty by
249
Payments of large Purchaſes and Bills of Exchange
Meaſure
413
at Venice, muſt be in Bank
357
838
Poulo. Ay, its Trade
At Amſterdam that muſt be made in Bank 358 Poulo-Rhon, its Trade
Poundage,
4
873
623
101
102
706
743
742
ditto
744
56
408
261
by Tale
412
/
IN N : D
E
560
854
220
Poundage, what it is, and when granted Page 497 | Qualification for Admittance into the Turkey
Power of Marriage Bonds in Bankruptcy
Company
Page 659
Premium for Admiſſion into the Ruſian Company,
Requiſite for Naturalization
352, 353
what it is
703 Quarantine to be performed at Stangate Creek,
Priſoners in a Ship of War taken fairly by the
&c.
256 to 258
Enemy Mall have their Wages during Quaxaca, its Trade
their impriſonment
274 Quid pro quo, muſt be appointed in an Award of
Privateers and Capers, their Definition
Arbitration, for each Party to do 342
What Commiſſion they muſt have 221 Quintero, its Trade
830
Their Contracts with the Mariners
ditto
Muſt give Bond not to break Treaties,
R.
ſubſiſting with the Crown
ditto
628
Not to uſe their Captives ill
ditto | RADNORSHIRE, its Products
Rajapour, its Products
804
Penalties on wilfully taking or deſtroying
neutral Goods or Ships, &c.
Rambáng, or Rambam, its Trade
832
222 & 223 Ramſgate Harbour, its Acts
187 to 192
Muſt not bring away any Servants, &c.
Ranſom, promiſed to a Pirate, is not binding by
from America without Leave
226
the Civil Law
242
Copies of Commiſſions and Inſtructions 231
Bill, Copy of
240
to 238
ditto
In what Manner may be inſured
Ditto, in French
293
One was inſured for a Month, and was Rates of Pilotage in Holland for going out 137
Ditto, for bringing in
138, 139
damaged by the Enemy, and the Time
Raw Silk from America, to be imported Duty free 87
of refitting exceeded the Month, not a
& 88
total Loſs
300
Inſured, Intereſt or no Intereſt, &c. was
Reaſſurance, when may be made
293
Receipts for Debentures paid, their Form
427
taken and retaken, yet the Inſurers
bore the Loſs
ditto
Red Sea, its Trade
785 & ſeq
Inſured on thoſe Terms was taken, re-
Relief againſt the Award of Arbitrators, when and
where to be had
taken, and the Salvage forgiven ;
341
judged a total Lofs
Remedy againſt Gaolers for a Bankrupt's Eſcape 595
Further Regulations of
302 Remitters, cannot demand Satisfaction for a Pro-
229
Prize Goods taken by a Privateer, in Sight of an-
teſted Bill, without producing the
Proteſt
459
other Privateer, both ſhall ſhare
On Commiſſions, ſtanding Security,
equally
223
Their different Sorts
ſhould not have the Bills payable to
254, 255
themſelves
Proceſs of the Woollen Manufacture, from its Com-
464
ditto
mencement to its Conſumption
What Advantage they may claim
625
Proclamations for Peace and War, how performed 263
What muſt make good to their Princi-
pals, in Caſe of Proteft
465
Pro forma Exchanges, what they include
473
When are free from their Riſques ditto
Prohibitions againſt a Suit in the Admiralty, when
granted
Renfrew, its Products
632
92, 93
Rent-Charge, fold at an Undervalue, is not Uſury 403
Prohibited Goods not be inſured
Promiffary Notes, when bear Intereſt by Indorſement
295 Reports on Ships Arrival, how made at the Cuftom-
445
Their Forin
ditto
houſe
New Act of Parliament concern-
Repriſals, two-fold
214
Letters of when to be granted
215
ing them
447
Prompt Payment at the Cuſtom-Houfe, new A& con.
When made, any Overplus muſt be re-
ſtored to
cerning it
435
Property, of a Prize, when is diveſted by taking 305 Reſtraint of Princes, what it is
Muſt be condemned before, breaking Bulk 224
260
Of a perſonal Chattel, how is altered by
an Award
Revel, its Trade
345
Protections and Paſſports, their Definition
Rewards for Defence againſt Pirates
247
261
Proteſts againſt Bills of Exchange, when may be
For diſcovering a Plot againſt a Ship 248
Rice, Laws and Regulations for importing it
66
inade
Their Form
879
ditto
Riga, its Trade
Rochelle, its Trade and Products
722
When are to be notified
ditto
Don't free the Acceptors
Romans, their Commerce
5
447
Againſt Bills on the Fairs of Lyons, when
Learnt Navigation from the Greeks
50
to be made
Diſcovered to us the Eaſt-Indies
676
Their Bankers Buſineſs
Ditto, on the Fairs of Francfort
ditto
Ditto, on Leipzick and Naumburg
Rome, its Trade
419 Rolin, Pitch, Tar, &c. not to be melted aboard
May be made for the Remainder, when
Part of a Bill is paid
a Ship between London-Bridge and Black.
wall
108
Muſt be made for Bills accepted, payable
Rofs, its Products
632
at a longer Time than ſpecified
Provence, its Trade and Products
Roufillon, its Trade and Products
733
Provoſt Marcial in the Fleet, his Duty and Obli-
Roxturgh, its Products
632
gation
Royal-Exchange Inſurance, when incorporated 292
271
Pruſia, its Trade
Company of the Pbilippines in Spain, their
Charter
740
Ptolomies, had Egypt for their Share of Alexander
Rules for working a Simple Arbitration
506
the Great's Dominions
5
For Compound ditto
510 & feq.
Their great Care of Trade, and the
For Striking to the Caſtle at Cronenburg, near
flouriſhing Condition they raiſed Alex.
andria to by it
Elfineur
864
ditto
Philadelphus built the firſt Lighthouſe
Ruffia Company, when obtained their Charter
703
195
Puniſhment for Bankrupts not anſwering the Com-
Its Trade with England
704
miffioners Interrogatories
Rutlandſhire, its Products
539
Purchaſes, that Aliens may make
314 & 315
S.
After Bankruptcy, ſubject to the Com-
million
AFE-Conducts, their Nature
That are not ſubject to the Commiſion 549
How muſt be filled up
ditto
Sail-Cloth, foreign, Regulations on importation 67
Q.
UALIFICATION and Duty of a Conſul
Sailors, in the Sugar-Trade, what Money may be
279
advanced to them
May ſue for their Wages in the Court of
398
Admiralty
99
II K
Sailors,

408
219
879
446
478
398
752
480
481
728
877
624
ben 6 SAI
261
,
QUALIF
83
Ditto of the Governor, Deputy, and
Directors of the Bank
Ι Ν D Ε Χ.

108
120
102
106
188
398
296
407
815
771
147
Sailors muſt pay 6d. per Month to Greenwich Hof Ship repaired, &c. in the Thames, is not liable,
pital
Page Too
but the Owners
Page 99
How to be ſecured and collected 103 to 105 May not be moored, or laid up in St. Sa-
Their Wills not to be made on the ſame
viour's Dock, &c.
Paper, &c. with Letters of Attorney IOI Not able to perform a Voyage agreed on, the
Who are exempt from paying to Greenwich
Conſequence
Hoſpital
Which are obliged in Holland to take Pilots,
Muſt not abſent themſelves from the Ship
and what.mult pay them
136, 137
they belong to
103 That don't pay to Whitby Harbour
156
Loſe their Wages if Ship be loſt before
In Catwater Harbour, of whom muſt take
firſt Delivery
99
Ballaſt
157
Their Wages to be paid in 30 Days after the
What muſt pay for lying above a Month in
Ship’s Entry at the Cuſtom-houſe
Yarmouth Harbour
160
Muſt not refuſe fighting againſt Pirates 107 That are excepted from paying in Scarborough
In the Eaſt-India Service, not to pay to the
Harbour
167
Fund for thoſe in other Merchant Service 115 How to be ſtationed in Weymouth Harbour 185
Drunk, hurting one another, the Conſe-
That are exempted from paying Duties in
quence
117
Ramſgate and Sandwich Harbour
Muſt have their Wages, though the Ship
Taken by a Privateer, muſt be tried by the
be ſeized for Debt
ditto
Admiralty
222
Wages not to be brought into an Average,
Taken for Repriſals, muft be brought into
if a Ship be detained by Order of State 150
the Kingdom to which the Captor be-
Letters of Attorney muſt be made revokable 277
longs
ditto
Muſt not deſert
248 Taken, and retaken, how muſt be reſtored 225
St. Domingo, or Hiſpaniola, its Trade
845
Not brought infra Præfidia, of the Prince
St. Helena, its Trade and Products
785
by whoſe Subject the Capture is made,
St. John de Ulhua, its Trade
847
the Owners are not divefted of their Pro-
Salary of the Governors and Directors of the Bank
perty
244
of England
Having a Letter of Marque, muſt not act
Sallee, its Trade
766
Piracy
ditto
Salonica, its Commerce
765
Loft by Fault of the Maſter, when is Bar-
Salt, may be carried in Ships lawfully navigated
retry
from Europe to Pennſýlvania
65
Its Huſband, Definition, and Duty
Foreign, to be imported in Ships of not leſs
Should check his Account of groſs Weights
than 20 Tons Burthen
68
with the Land-waiters Books
412
Not to be landed before the Duty be paid ditto | Shropſhire, its Products
624
To be forfeited if leſs be found aboard than Siam, its Trade and Products
ſpecified in the Cocket
ditto Sierra Liona, the Trade of its Coaſt
Other Regulations
69 & 70 Silks, Foreign wrought, prohibited
70
Salvage, its Definition
146
Exceptions
ditto
Laws and Regulations concerning it 143 to Silver Coin, between London and Amſterdam, its
Par
499
Samå, in Africk, its Trade
772
Ditto, between France and Holland
500
Samarang, its Trade
832 Situation of Rocks, near Eddyſtone Lighthouſe
Samarkant, its Trade
795 Slego, its Products
634
Sandefjord, its Products
873 Small Plunder, what it is, and how muſt be dif-
Sandwich Harbour, its Act
187 to 192
poſed of
238
Saying a Merchant is a Bankrupt, bears an Ac Smyrna, its general Trade
755
tion
530 Socatara, its Commerce and Products
784
Scarborough Harbour, its Act
166 | Sofala, its Trade and Products
778
Scotland, its Trade with Ireland
714
Soleure, its Trade
890
Sea Marks not to be deſtroyed
213 Solomon's great Revenues
27
Second Huſband, not bound by the Settlement
The Navigation of his Fleet
made on a former Marriage
557
What Route it took in its Voyage to
Seide, its Trade
Ophir
29
Selebar, its Trade
834 Somerſetſhire, its Products
Selkirk, its Products
632 Sound, its Trade
861
Senegal River, its Trade
770
Its Duties on Ships paſſing
866
Service not to be inſured
292 South Sea Company to have all Prizes taken within
Settlements, made by the Eaſt-India Company 677,
their Limits
678
May lend Money on Bottomry to their
When were firſt made in New-England 692
Captains
293
Which may be made before Bank-
When obtained their Charter
684
ruptcy
550
Southwold Harbour, its Act
181
Separate ones not ſubject to the En. Spaniards, their Commerce
19, 736, & ſeq.
gagements of a Huſband
557
Have many good Ports, well ſituated
Shetland, its Products
for it
Ship, its Etymology
49
Their Trade with Great-Britain 644 to 654
Suppoſed to be copied from Noah's Ark, and
Their Trade with Ireland
a reaſonable Account given of its Ori-
Their Trade with France
gin
ditto
Their Trade with Venice
Its various Forms in Building
50
Their Trade on their American Coaſts 849,
Repaired, when remains the ſame, and when
& ſeq.
624
not
55
Staffordſhire, its Products
Its Furniture does not include the Ballaſt
Stangate Creek, the Place where Quarantine is per-
or Boat
formed
When it may become a Deodand
ditto Stealing Bonds, is Felony
444
Muſt not belong to a Cuſtomer
633
57 | Stirling, its Products
How it muſt be ſeized, when forfeited
878
ditto Stetin, its Trade
Laden with Cuftomable Goods, not to hover
882
Stockholm, its Trade
on the Coaſts of England or Ireland
Muſt be regiſtered before going to our Plan-
58 Stocks, of the Royal-Exchange and London Afſu-
292
rances, how to be raiſed
ditto
tations, and when new named, &c. 64 & 84
Are transferable and diviſible
861
Muſt have one full Set of Britiſh Sails
Stormar, its Trade
Hypothecated for Neceſſaries, its Conſe Subjects of England, not to be concerned in any
679
quence
92 & 93
foreign Eaſt-India Trade
Submiſſion,
211
28
736
624
254
633
20
717
737
745
256
56
?
67
I N D E X.

461
48
852
817.
658
624
625
736
4
T
210
Cuſtom-houſe
Of the Spaniſh American Coaſts
Submiffion, to an Arbitration, its Form Page 348 | Treaties of Commerce between Great-Britain and
Subſcription of a Bill of Exchange, how far is
Spain
Page 648 & feq.
binding
Ditto between Great Britain and Portugal 657
Sufferance, for exporting Corn, its Form 430
Ditto between the Crowns of England and
For landing Apparel, ditto
434
Denmark
862
Suffolk, its Products
624 Trinity Houſe at Deptford, what it is
213
Sugar, from the Britiſh Colonies, may be carried Trois Rivieres, its Trade
854
directly to any part of Europe, &c. 80 to 83 Truces, their Definition
262
Sumatra, its Trade
833 Truſtees, to Marriage Bonds, cannot come in as
Summer Iſlands, their Trade
701
Creditors to prove the Bond Debt, in
Sund, or Sunda Iſlands, their Trade
829
Caſe the Huſband is Bankrupt in the
Sunderland Harbour, its Act
163
Wife's Life
560
Supercargoes, Definition of, and Difference be.
For eſtabliſhing a Colony in Georgia, their
tween them and common Factors
Power
686, 687
Superſeding Commiſſions of Bankruptcy, when, and Truxillo, its Trade and Products
why done
593 & feq. Tunquin, its Trade and Products
Surat, its Trade
800 Turin, its Trade
754
Sureties for a Debtor after he is Bankrupt, are with-
Turkeſtan, its Trade
797
in the Statute
576 Turkey, its Trade with Great Britain
Surrey, its Products
ditto
Company, their Charter
Suflex, its Products
New Act in Relation to it
659
Sutherland, its Products
633 Tyrians, their Commerce
3
Sweden, its Trade with Great Britain
705
The ſuppoſed Inventors of Naval Trade ditto
With France
735
Their Glory and Power
ditto
With Spain
Their City deſtroyed by Nebuchadnezzar ditto
Wich Holland
857, 858 And re-eſtabliſhed on a neighbouring Illand ditto
Its general Trade
882
Afterwards deſtroyed by Alexander the
With Portugal
ditto
Great, and their Commerce removed to
With the Eaſt-Indies
885
Alexandria
Switzerland, its Trade
ditto Tyronne, its Manufactures
637
T.
ABLES for calculating Arbitrations 510 & ſeq.
V.
T'anor, its Trade
807 V ALPARAISO, its Trade
850
Tare, what it is
413 Value of the Coloſſus of Rhodes
Aſcertained, when may be altered at the
Received, expreſſed in a Bill of Ex-
ditto
change, its Effects
490
An Alphabetical Account of it
7
Tarlary Great, its Commerce
416 & feq. Vannes, in Bretagne, its ancient Trade
853
Tecoanteque, its Trade
793 Vatulco, its Trade
Tender of Money, the ſame as Payment
853 Velvets, foreign, prohibited
70
8
342 Venetians, their firit Settlement, and Commerce
Ditto, ſaves the Forfeiture of a Bond
442
ditto
Their great Riches and Power
Tercera, its Trade
See Azores.
Blow given them by the Treaty
Ternate, its Trade
838
of Cambray
9
Terra Firma, its Trade and Products
859
The famous Victory obtained over their
Thrown Silk of Turkey, Perſia, &c. not to be im-
Rivals the Genoeſe at the Battle of
ported
70
Chiozza
ditto
Tilichery, its Trade
807
Their Conſulat Ancona abuſed by the Go-
Time, allowed to export by Certificate
4.10
283
Allowed for ſhipping and landing Goods on
Their general Trade
745
the Quays of London
423 Vera Cruz, or St. John de Ulhua, its Trade
Title of Admiral, to whom firſt given
264 Virginia, its Trade with Great Britain
689
Tobacco allowed to be raiſed in Ireland
63 Umpirage, its Definition
341
Tocat, its Trade
792
Where Arbitrators do not agree, its
Tomago, its Trade
854
Form
347
Tomſkoi, its Trade
881
Of one Perſon, its Form
ditto
Tonnage, what it is, and when granted
497
Uncles of Aliens to inherit before Fathers
350
Tonſberg, its Trade
873 Union of the two Companies trading to the Eaſt-
Torrabaya, its Trade
Indies
678
Total Value of Goods, may not be inſured at Am Unlawful Intereſt may be taken when the Principal,
ſterdam
324
and it, are hazarded
403
Toubani, its Trade
832 Unlawful Trade, to Turkey, its Fines
660
Toulon, its ancient Trade
6
to Africa, ditto
664
Touraine, its Trade and Products
723
to the Eaſt Indies
679
Trade of the Engliſh, when began to fouriſh 614 Voyage to be altered by Danger only
123
Trade between Great Britain and France
639 Urgens, its Trade
797
Ditto and Holland
641 Uri, its Products
889
Ditto and Germany
643 Uſance from London to the principal Parts of Eu-
Ditto and Spain
486, 487
Ditto and Portugal
654
From fome Places to others
ditto
Ditto and Italy
658 Uſurers, not to ſuffer, but when Part of the Money
ditto
agreed for, is paid
402
666 Ufurious Actions, how muſt be pleaded
403
Ditto and the Eaſt-Indies
676 Agreement, when does not void a Bond ditto
684 to 701 Uſury, its Definition
401
Ditto and Ruſia, Denmark, Norway, Sweden,
Uſury, cannot be without a Loan
402
703 to 705
Not taken by Jews from their Brethren 404
Ditto and the Aufirian Netherlands
ditto
The Miſchiefs not remediable by Law
705
Ditto Ireland and Scotland
706
Of the Levant, and Coaſt of Barbary 755
W.
767
78; WAGES, to be paid to the Sailors in thirty
849 to 854
Days after the Ship’s Entry at the Cura
tom-houſe
106
To be paid thoſe taken in our Ships of
856
War, during their Impriſonment 274
of Dutch Sailors muſt not be inſured
330
The great
vernor
847
832
644
rope, what it is
Ditto and Turkey
Ditto and Africk
Ditto and America
Poland, and Pruffia
Of Africk
Of Aſia
854
Of French America
Of Portugueſe America
Of Holland
Of Switzerland and Geneva
855
885
Wales
IN DE
X.
268 to 271
Wales, its Products and Counties
Page 62-, 628
Loſs of Freight, if it has not been by the
War, Articles of
Maſter's Fault
1.22
War commenced without a Declaration, diſhonor Winſi anley, the firſt Builder of Eddyſtone Lighthouſe 210
able
263 Wintet hour, its Trade
887
War and Peace, how proclaimed
ditto Wool, Sheep, of the Britiſ Produce, not to be
Wardhuus, or Wardhuys, its Trade
873 exported, and other Regulations
71 & 78
Warrant, to export Corn, its Form
430 | Worcefierſhire, its Products
626
Given by the Commiſſioners to ſeize the Wreck and Lading diſcovered by the Sailors, how
Bankrupt's Effects
536
to be diſpoſed of
99
War wickſhire, its Products
625
Its Etymology and Difference
142
Watchet Harbour, its Act
158 When falls to the King
ditto
Waterford, its Trade
636 Not to pay Cuſtoms
ditto
Weymouth Harbour, its Act
184 to 187
By whom may be ſeized
143
Weather, to be well regarded by Maſters of Ships
-Laws and Regulations concerning them 144 to
before they begin a Voyage
92
Weights, their Variety and Correſpondence 893 & feq. Write off at the Bank, its Form
Wilmoreland, its Products
625
Wexford, 'its Trade
635
Y.
Whalebone, ör Fins, foreign cut, prohibited Im.
portation
71 YARMOUTH Harbour, its Act
159
Wharfs and Quays at London, where Goods may not Yorkſhire, its Products
626
be ſhipped, &c.
423 Younger Brother, being a Denizen, ſhall inherit
Thoſe that are lawful, and the Times al-
before the elder, if an Alien
lotted for working thereon
Yverdon, its Trade
889
Whitby Harbour, Laws concerning it
155
z.
Whitehaven Harbour, its Act
200 & ſeq.
Wigtosun, its Products
633 ZOFFINGUE, its Trade
888
wills, in favour of a Bankrupt's Wife
Zug, its Prodacts
889
Wiltſhire, its Products
625 | Zurick, its Trade
888
Wines, leaking in a Voyage, does not occafion a Zurzach, its Fairs
887

146
396
351
ditto
558
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