The
Proheme
containing
the
Origine
of
the
Sea-law
:
with
the
occasion
of
this
Treatise
.
COncerning
the
Argument
of
Sea-faring
governement
,
so
farre
as
by
any
monuments
can
be
observed
,
our
beginning
must
be
at
the
inhabitants
of
the
Iland
called
Rhode
,
situate
within
the
Mediterranean
Sea
,
in
the
part
thereof
called
the
Carpath
sea
,
upon
the
coast
of
Asia
minor
,
over
against
Caria
.
The
indwellers
whereof
,
amongst
all
other
people
we
can
reade
of
,
were
most
famous
for
shipping
and
Sayling
;
and
that
not
onely
to
the
great
increase
of
their
power
and
wealth
every
way
,
as
by
which
they
did
command
and
daunt
all
other
people
about
their
coasts
and
seas
;
in
such
manner
,
that
neither
Pirat
,
nor
any
sort
of
enemy
,
or
disturber
of
their
peace
and
traffique
,
durst
then
appeare
[
a
](A14929-e740-b)
a
Gellius
,
lib.
7.
Cap.
3.
:
but
also
by
the
communicating
of
their
trade
,
and
discipline
on
sea
,
they
did
make
neighbour
Princes
,
and
Cities
,
willingly
Tributars
unto
them
[
b
](A14929-e750-b)
b
Strab.
geogr.
lib.
12.
cap.
14.
.
And
further
,
as
Strabo
writeth
[
c
](A14929-e770-b)
c
Ibid.
to
the
crowning
of
their
renowne
,
they
surpassed
all
other
Nations
in
knowledge
of
equity
in
marine
businesse
;
which
they
manifested
by
making
of
Sea-lawes
.
For
,
the
very
Emperors
of
Rome
,
Tiberius
Caesar
,
Hadrian
,
Vespasian
,
Traian
,
successively
,
did
referre
all
seafaring
debates
and
controversies
,
to
the
judgement
of
the
Rhodian
law
.
[
d
](A14929-e810-b)
d
Vide
Il.
Rhodior
.
in
prin.
And
so
likewise
exemplarilie
,
did
their
successor
Antoninus
,
by
his
rescript
yet
extant
[
e
](A14929-e830-b)
e
L.
deprecatio
ad
L.
Rhod.
e●
c.
rhodiae
leges
.
distinct.
2.
:
wherein
,
answering
to
one
Eudemon
his
plaint
,
I
am
(
saith
he
)
the
Lord
of
the
world
,
but
the
law
is
the
master
of
the
sea
;
let
that
thy
plaint
and
controversie
Eudemon
be
decided
by
the
law
of
the
Rhodians
.
So
farre
did
the
Romans
(
who
alwaies
excelled
all
other
Nations
,
in
devising
of
humane
lawes
)
yeeld
and
give
place
to
the
Rhodians
in
the
sea
lawes
.
And
by
their
example
,
finding
sea-faring
and
trafique
on
sea
,
redound
to
a
great
common
wealth
,
as
plainly
pronounced
[
f
](A14929-e900-b)
f
L.
1.
sect.
licet
.
de
exerc
.
act
.
Vlpian
,
one
of
the
fathers
of
their
lawes
;
the
Romane
Emperours
,
and
namely
Claudius
,
[
g
](A14929-e930-b)
g
Suet●
.
ca.
218.
brought
in
new
formes
of
actions
,
and
devised
a
kinde
of
new
and
sure
commodities
and
gaine
for
trafiquers
;
by
taking
upon
them
the
hazard
of
shippe
and
goods
:
to
which
end
also
is
erected
by
English
lawes
,
the
office
of
Assurance
.
It
is
true
,
that
the
first
making
of
Sea
lawes
,
is
otherwise
by
some
attributed
to
others
,
as
by
Dionysius
to
the
Phenicians
,
because
of
Merchant
trade
[
h
](A14929-e970-b)
h
De
situ
orbis
.
.
And
Plinius
,
for
that
same
cause
ascribes
the
Art
of
sayling
to
the
Carthaginians
.
[
i
](A14929-e1000-b)
i
Lib.
7.
natur
.
histor.
vide
●zechiam
.
c.
27.
and
consequently
,
would
seeme
to
attribute
to
these
two
Nations
also
for
their
necessitie
,
the
skill
of
sayling
.
To
be
briefe
,
by
the
space
of
a
thousand
yeeres
,
the
sea
,
at
least
the
Mediterranean
,
was
onely
ruled
by
the
Rhodian
law
,
but
helped
with
some
few
additions
by
the
Romans
,
and
that
by
way
of
interpretation
:
the
rather
,
to
occurre
to
the
deceits
and
Sophistrie
of
calumniators
and
wilfull
vexers
of
their
neighbours
,
as
also
for
other
needfull
doubts
[
k
](A14929-e1030-b)
k
Dotimus
in
lib.
suo
legoli
.
.
At
last
,
when
all
sorts
of
lawes
by
the
eversion
and
renting
of
the
Romane
Empire
,
was
as
it
were
for
a
long
time
buried
,
necessity
forced
the
Rulers
of
Rome
,
Anno
Dom.
1075.
to
make
new
sea
lawes
and
statutes
:
and
so
successively
,
every
chiefe
sea-faring
towne
upon
the
Mediterranean
coast
,
to
adde
other
ordinances
;
as
they
of
Marseilles
did
,
Anno
Dom.
1162.
and
they
of
Genua
,
Anno
Dom.
1186.
And
they
of
Peloponnesus
,
called
Morea
,
Anno
Dom.
1200.
and
the
Common-wealth
of
Venice
,
Anno
Dom.
1215.
And
the
Emperours
of
Constantinople
,
Paleolog
.
Anno
Dom.
1262.
and
Constantine
,
1270.
and
Iames
King
of
Aragon
that
same
yeere
;
and
Peter
King
of
Aragon
,
Anno
Dom.
1340.
and
they
of
Barcelona
,
Anno
Dom.
1434.
which
lawes
being
all
collected
and
amassed
,
serve
the
Mediterraneans
unto
this
day
.
But
on
the
great
Ocean
,
which
is
our
sea
,
the
first
lawes
we
knew
to
be
made
,
were
devised
by
them
of
the
Iland
of
Oleron
,
situate
on
the
sea
coast
of
France
,
beside
S.
Martin
against
the
mouth
of
Charante
and
the
Marraes
,
neere
to
the
entry
of
Garumna
:
which
are
therefore
called
La
roold
'
Oleron
;
as
by
which
the
controversies
on
the
sea
coast
of
France
toward
the
Ocean
were
ordinarily
decided
,
in
the
towne
of
the
said
I
le
,
called
thereupon
,
Lavile
de
droict
,
or
Oleron
.
As
where
the
skilled
Skippers
in
that
law
did
dwell
,
and
had
cognition
of
all
such
occurrent
debates
and
questions
.
Now
these
lawes
of
Oleron
,
were
afterward
translated
into
Dutch
by
them
of
Wisby
,
for
the
sea
use
of
the
Dutch
coast
.
And
of
late
,
our
Kings
of
Scotland
made
divers
Acts
in
Parliament
,
concerning
sea-faring
[
l
](A14929-e1360-b)
l
Vide
act.
par.
lia
.
Scot.
.
As
also
the
Kings
of
England
have
done
before
[
m
](A14929-e1390-b)
m
Vide
statut
.
Ang.
:
for
Edward
the
third
,
by
a
solemne
inquisition
of
eighteene
most
famous
persons
for
skill
in
sea-faring
,
assembled
at
Quinborow
from
divers
parts
,
Anno
1375.
set
downe
certaine
articles
concerning
the
Admiralty
and
sea-faring
,
into
old
French
:
as
may
be
seene
in
an
old
parchment
authenticke
booke
yet
extant
;
which
articles
one
Thomas
Roucghton
of
that
same
,
turned
afterward
in
Latine
,
and
intituled
de
officio
admiralitatis
Angliae
.
Likewise
Fredericke
the
second
of
Denmarke
,
in
his
generall
convention
,
at
Coppenhaven
,
Anno
1561
:
sets
downe
a
compend
of
Statutes
,
for
ruling
of
his
Sea-faring
subjects
;
but
for
most
part
all
one
with
La
rooled
'
Oleron
.
Also
the
French
King
Henry
the
third
,
added
his
new
constitutions
to
these
of
Francois
,
and
others
his
predecessors
,
which
are
chiefly
for
the
authorising
of
his
Admiralty
,
Iurisdiction
,
honour
and
profits
therof
;
preferring
the
Admirall
and
his
officers
to
all
other
Iudges
and
Iustices
,
except
these
called
Royals
.
Notwithstanding
all
these
many
,
divers
,
and
late
Statutes
and
Ordinances
made
and
set
forth
these
sixeteene
hundreth
yeares
,
by
the
nations
,
people
,
and
Princes
above
written
,
in
the
decision
of
causes
,
and
judging
of
sea-faring
controversies
;
that
fragment
of
the
Rhodian
law
,
extant
and
Latinized
by
Simon
Shardius
,
intituled
by
him
,
Leges
navales
Rhodiorum
&
selectae
Leges
Rhodiorum
,
with
the
interpretations
and
commentations
,
devised
thereupon
by
the
old
Romane
Iurisconsults
insert
in
the
Pandects
;
together
with
the
constitutions
made
by
the
Romane
Emperours
,
contained
in
the
Cod.
and
Novells
at
large
:
as
it
were
by
common
consent
of
Nations
,
obtaines
the
prerogative
throughout
all
Europe
,
as
in
Great
Brittaine
,
Germany
,
France
,
Italy
,
and
Spaine
.
Such
is
the
force
and
authority
of
the
Civill
Roman
Law
amongst
all
Nations
Christian.
In
which
Countries
,
albeit
there
hath
bin
,
and
yet
remaines
a
great
number
of
professors
and
doctors
of
the
Roman
civill
law
,
who
have
written
largely
thereupon
;
yet
few
or
none
hath
taken
in
hand
to
write
pertinently
or
expresly
,
upon
the
lawes
concerning
sea-faring
,
the
traffique
on
sea
,
and
by
sea
,
with
the
duties
requisite
of
every
sea-faring
person
,
of
all
sorts
and
degrees
.
It
is
true
that
Iulius
Ferrettus
in
his
observant
devoir
to
the
Emperour
Charls
the
fift
,
prepared
a
discourse
for
the
addressing
of
Navies
with
convenient
and
expert
Governours
,
and
all
sort
of
necessaries
for
hostility
on
the
sea
,
intituled
de
iure
&
re
nautica
,
but
farre
off
from
our
present
Argument
,
as
may
bee
seene
by
the
same
of
late
published
,
Anno
1579.
and
dedicated
to
Philip
,
Charles
his
sonne
,
by
Exuperantius
Ferrettus
,
sonne
also
to
the
said
Iulius
.
Petrus
Pekkius
also
a
Fleming
Zelander
,
hath
learnedly
commented
upon
the
titles
of
the
civill
law
,
touching
the
sea-lawes
;
but
more
busied
about
the
exposition
of
words
then
of
the
matter
.
Likewise
Benvenutus
Straccha
,
in
his
large
booke
de
mercatura
,
interlaceth
a
learned
title
,
de
nautis
,
navibus
&
navigationibus
,
but
commeth
not
close
to
this
our
argument
;
for
he
holds
straightly
within
the
compasse
of
the
civill
law
,
protesting
also
his
pretermissions
and
remissions
of
many
chiefe
matters
to
certaine
Doctors
,
who
also
writes
but
obiter
of
the
sea
matters
,
and
none
speakes
of
the
sea
customes
,
which
is
our
principall
argument
:
To
the
end
of
which
booke
is
annexed
an
halfe
sheet
of
paper
,
bearing
consilia
Roderici
Suarij
de
usu
maris
&
Navibus
vehendis
;
a
turne
of
small
contentment
.
'T
is
true
that
Simon
Shardius
,
Anno
1561.
promised
this
same
compend
and
collect
of
sea
lawes
forth
of
all
lawes
(
which
presently
by
Gods
grace
I
intend
)
but
by
death
prevented
,
could
not
performe
it
.
To
conclude
then
,
since
no
man
,
as
I
can
understand
,
hath
set
his
pen
to
this
my
argument
and
purpose
,
for
the
due
information
of
every
sort
of
sea-faring
persons
in
every
order
,
whether
Commanders
,
Iudges
,
Skippers
,
Mariners
,
Merchants
,
Passengers
,
Fishers
,
Ferryers
,
Watermen
,
&c.
concerning
their
severall
duties
,
priviledges
and
powers
,
and
all
manner
of
things
pertaining
or
incident
to
sea
and
sea-farers
;
I
thought
good
,
after
the
insight
and
deepe
consideration
of
all
the
lawes
and
ordinances
aforesaid
,
to
mend
a
weake
piece
of
labour
,
which
I
intended
many
yeares
since
,
intituled
the
Sea
law
of
Scotland
;
and
to
frame
the
same
in
a
very
harmonicall
collection
of
all
sea-lawes
,
And
upon
the
conscience
of
my
profession
of
the
civill
law
,
having
no
employment
or
part
in
any
Admiralty
,
to
publish
the
same
for
the
use
of
the
Admiralties
,
and
benefit
of
all
benevolent
sea-farers
;
and
that
presently
,
because
of
the
present
use
thereof
so
requiring
the
same
,
as
I
now
cleerly
perceive
:
that
is
to
say
;
Because
that
wheras
the
most
civill
,
wise
,
and
politicke
nations
,
have
even
most
carefully
distinguished
the
jurisdiction
of
the
sea
from
the
jurisdiction
of
the
land
in
all
respects
:
yet
neverthelesse
some
men
prease
alwaies
,
upon
what
intent
I
wot
not
,
to
confound
the
same
.
And
the
multitude
of
these
who
doe
acknowledge
the
foresaid
distinction
,
as
specially
the
Mariners
,
through
ignorance
contemne
all
other
law
but
the
rule
of
Oleron
.
In
these
respects
(
I
say
)
I
have
with
great
paine
and
travell
,
concluded
the
publication
of
this
work
;
which
if
it
please
(
as
I
pray
)
God
to
blesse
with
the
owne
effect
,
I
have
reward
enough
.
TIT.
I.
The
order
of
this
Treatise
.
AS
the
affaires
of
the
sea
concernes
onely
sea-faring
and
medlers
therewith
:
even
so
all
doubts
,
differences
,
and
controversies
,
rising
upon
the
same
,
and
their
cases
must
also
concerne
the
same
persons
,
which
are
eyther
chiefly
Owners
,
Out-traders
or
hyrers
,
Masters
,
Pilots
,
Mariners
,
Clerkes
,
Merchants
,
Passengers
.
Of
whom
the
owner
is
hee
,
to
whom
the
ship
or
any
part
pertaines
in
property
.
The
out-trader
or
hirer
,
hee
to
whom
as
hirer
or
partner
for
a
voyage
or
more
,
or
a
longer
time
,
during
the
hyring
and
lease
of
the
shippe
,
the
profits
and
commodities
thereof
redounds
[
a
](A14929-e1910-b)
a
L.
1.
de
,
exercit
.
act
.
.
And
the
Master
is
hee
to
whom
the
whole
care
and
charge
of
the
shippe
is
committed
[
b
](A14929-e1930-b)
b
L.
1.
ad
l.
Rhod.
.
The
rest
are
all
knowne
.
Now
their
persons
whiles
happens
all
to
fall
forth
in
one
man
;
as
one
to
be
Master
,
owner
,
and
out-trader
;
and
againe
to
be
all
divers
and
distinct
:
and
therfore
the
actions
to
beare
out
accordingly
.
Likewise
the
cognition
of
their
debates
pertaines
not
to
every
Iudge
indifferently
,
but
only
to
the
Admirall
of
the
sea
:
which
thing
this
Abridgement
shall
orderly
and
summarily
declare
;
beginning
at
the
Iudge
ordinary
to
sea-fare
causes
,
the
members
of
the
Court
,
and
manner
of
proceeding
there
:
next
,
the
persons
ordinary
in
shippes
,
with
the
fraughting
thereof
,
as
belonging
to
the
chiefe
uses
of
shipping
:
thirdly
,
the
power
,
duty
,
and
priviledge
of
every
one
of
the
foresaid
in
ships
:
fourthly
,
the
manifold
causes
of
losses
and
dammage
in
sea-faring
,
with
the
redresse
thereof
:
fiftly
,
the
priviledged
ships
,
shipwracke
,
shippes
and
things
taken
and
found
on
the
sea
,
or
within
the
floud-marke
thereof
:
and
lastly
,
of
Fishing
,
Fishers
,
Ferryers
and
Watermen
,
and
Shippe-wrights
.
TIT.
II.
Of
the
Iudge
ordinary
,
in
sea-faring
causes
,
with
his
jurisdiction
,
and
priviledges
.
AS
for
the
Iudge
of
the
Sea
,
wee
have
first
to
consider
,
how
at
the
beginning
of
the
Roman
Empire
,
there
was
a
speciall
difference
betwixt
the
persons
to
whom
the
charge
of
shipping
was
given
,
and
them
to
whom
the
commandement
of
Fleets
and
Navies
was
committed
;
and
betwixt
the
persons
who
exercised
the
jurisdiction
in
sea-faring
debates
,
as
followeth
.
For
amongst
the
Romans
in
the
beginning
,
first
the
builders
,
forth●eakers
,
or
furnishers
,
and
preparers
of
Ships
and
Navies
with
all
necessaries
(
by
a
speciall
ordinance
called
Lex
Decia
)
were
stiled
Duum
viri
navales
;
[
a
](A14929-e2010-b)
a
Livius
lib.
●
.
as
the
Governours
of
these
Fleets
were
called
Archigubernij
,
[
b
](A14929-e2030-b)
b
L.
Seius
Saturninus
ad
S.
C.
trebell
.
and
the
Iusticiaries
of
sea-faring
debates
,
Magisteriani
:
even
so
amongst
the
Grecians
,
the
Commanders
of
their
fleets
were
stiled
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
And
after
the
Empire
seated
at
Constantinople
,
Magnus
dux
classis
,
and
Drungarius
magnus
,
[
c
](A14929-e2080-b)
c
Vide
fragmenta
ascripta
Polybio
.
as
the
chiefe
carrier
of
the
Pinsell
or
flagge
.
His
stile
afterward
was
Admiratus
,
from
Amiras
,
a
word
of
the
Sarazens
,
signifying
an
Overseer
,
or
a
Captaine
on
sea
or
on
land
;
for
Mirar
is
to
see
,
as
the
Spaniard
useth
it
.
From
this
word
Amiras
,
commeth
the
word
Amirante
to
the
Italians
for
the
Leader
of
their
fleets
,
as
well
as
L'amiraglio
:
albeit
they
tearme
their
sea-faring
Iudges
,
Li
consoli
del
mare
,
and
such
like
from
the
same
word
Admirall
,
which
most
part
of
the
Nations
of
Europe
use
in
the
same
meaning
;
as
first
and
chiefly
France
,
where
Childebert
the
first
,
one
thousand
yeeres
sithence
,
instituted
an
Admirall
as
Captaine
and
Commander
of
his
Armie
upon
sea
,
like
as
he
did
then
ordaine
a
Marshall
for
the
governement
of
his
Gen
d'armerie
on
land
.
Onely
the
Spaniard
called
this
Leader
and
Commander
of
his
fleets
and
navies
,
Adelantado
:
as
who
should
goe
before
the
rest
.
Briefly
,
the
word
Admirall
,
how
ever
this
day
it
be
used
or
abused
,
for
to
signifie
the
chiefe
shippe
,
which
was
Navis
praetoria
to
the
Romans
,
as
the
chiefe
Commander
of
the
fleet
;
yet
that
word
Great
Admirall
,
notes
properly
the
man
whom
the
Romans
called
Praefectum
maris
,
and
the
Grecians
,
Thalassiarcham
:
to
wit
,
the
Governour
of
the
sea
.
And
thus
farre
concerning
names
and
styles
for
the
Commanders
and
Gubernators
of
ships
,
fleets
,
and
seas
.
But
concerning
the
jurisdiction
of
the
sea
,
and
the
exercises
of
justice
amongst
sea-faring
men
;
at
first
amongst
the
Romans
,
it
was
allowed
to
every
President
on
the
coasts
,
and
afterward
other
Iudges
were
specially
constitute
at
the
sea
sides
,
called
Magisteriani
:
[
d
](A14929-e2280-b)
d
Vide
Alberic
.
ad
novell
.
17.
&
24.
but
their
Iudges
were
all
countable
to
their
higher
Iudge
,
styled
Praefectus
praetorio
sublimissimus
,
from
whom
was
no
appellation
or
advocation
[
e
](A14929-e2300-b)
e
L.
à
proconsulibus
.
C.
de
appell
.
Sithence
,
in
these
latter
daies
,
for
the
readier
obedience
to
the
great
Admirall
of
the
Sea
,
it
is
by
common
consent
of
Nations
,
successively
agreed
,
that
in
consideration
of
the
Admirals
their
soveraine
commandement
,
their
speciall
preferment
,
and
power
upon
the
lives
of
men
within
the
sea
floud
;
that
therefore
they
should
also
have
a
soveraine
jurisdiction
onely
proper
to
themselves
,
over
all
sea-faring
men
within
their
bounds
,
and
in
all
sea-faring
causes
and
debates
,
civill
and
criminall
.
So
that
no
other
Iudge
of
any
degree
,
at
least
in
Scotland
,
may
meddle
therewith
,
but
onely
by
way
of
assistance
;
and
that
by
commission
and
in
difficile
causes
,
as
was
found
in
the
action
intended
by
Antoin
de
la
tour
,
against
one
Christian
Marteis
,
6
Novem.
Anno
1542.
[
f
](A14929-e2360-b)
f
Tòm.
1.
c.
●35
regist
.
Scot.
In
which
jurisdiction
,
the
first
power
necessary
,
is
to
constitute
a
Vice-Admirall
and
Captaines
to
supply
his
absence
on
sea
;
as
also
Deputies
,
for
particular
parts
on
the
coasts
,
with
the
Crowners
to
view
the
dead
bodies
found
on
sea
,
or
found
on
the
coasts
thereof
,
and
Commissioners
or
Iudges
generall
,
for
exercising
justice
in
his
high
Court
on
land
,
with
Clerkes
,
Procurers
,
Doome-sayers
,
Marshals
,
and
other
Officers
,
for
the
exercising
of
their
said
jurisdiction
both
in
peace
and
warre
:
and
therefore
to
sit
and
hold
Courts
where
they
please
;
to
execute
justice
,
to
imprison
and
relaxe
;
and
to
command
the
Kings
prisons
and
borroughs
their
prisons
,
to
receive
and
keepe
their
warders
and
prisoners
.
[
g
](A14929-e2380-b)
g
L'
Admirall
de
France
.
Finally
,
their
authority
should
be
distinctly
acknowledged
in
all
things
pertaining
to
sea-faring
.
It
is
true
,
that
in
Scotland
before
the
erection
of
our
Admirall
after
the
example
of
other
Nations
,
the
Deanes
of
Gild
were
ordinarily
Iudges
in
civill
debates
,
betwixt
Mariner
and
Merchant
,
as
the
Water-baily
betwixt
Mariner
and
Mariner
,
like
as
the
high
Iustice
was
Iudge
in
their
criminals
.
Which
actions
all
now
falling
forth
betwixt
the
persons
aforesaid
,
of
due
appertaines
to
the
jurisdiction
of
the
Admirall
;
and
therefore
his
Iudge
depute
or
Commissar
,
called
Iudge
Admirall
,
and
none
other
,
should
sit
,
cognost
,
determine
and
minister
iustice
in
the
foresaid
causes
:
as
likewise
upon
all
complaints
,
contracts
,
offences
,
pleas
,
exchanges
,
assecurations
,
debts
,
counts
,
charter-parteis
,
covenants
,
and
all
other
writings
concerning
lading
and
unlading
of
shippes
,
fraughts
,
hyres
,
money
lent
upon
casualties
and
hazard
at
sea
,
and
all
other
businesses
whatsoever
amongst
sea-farers
,
done
on
sea
,
this
side
sea
,
or
beyond
sea
;
not
forgetting
the
cognition
of
writs
and
appeales
from
other
Iudges
,
and
the
causes
and
actions
of
Represals
or
Letters
of
Marque
:
yea
,
to
take
stipulations
,
cognossians
,
and
insinuations
,
in
the
bookes
of
the
Admiraltie
:
and
to
doe
all
other
things
without
which
the
jurisdiction
of
the
Admiraltie
cannot
stand
nor
beare
out
;
and
therefore
to
arrest
and
put
in
execution
,
to
inquire
within
and
without
liberties
,
by
the
oathes
of
xij
.
men
upon
all
offences
.
[
h
](A14929-e2420-b)
h
Vide
diplomata
admiralior
.
in
utroque
regno
.
Vide
latè
de
off
.
Admir
.
Ang
As
first
,
touching
the
revealers
of
the
King
&
Countrey
their
secrets
over
sea
,
in
time
of
warre
.
Item
,
against
Pyrats
,
their
Assisters
or
Abbetters
,
Out-treaders
and
Receptors
.
Item
,
against
fortifiers
of
the
Kings
enemies
,
and
ha●●ers
of
his
friends
.
Item
,
against
the
breakers
of
the
Admirals
arrestments
and
attachments
.
Item
,
against
goods
forbidden
,
and
merchandise
not
customed
,
and
yet
shipped
and
transported
.
Item
,
against
the
resisters
of
the
Admirall
his
officers
,
in
executing
his
precepts
.
Item
,
against
the
forestallers
,
regraters
,
and
dearthers
of
corne
,
fish
,
drinke
,
fire-wood
,
victuals
carried
over
sea
.
Item
,
against
pleaders
before
other
Iudges
than
before
the
Iudge
Admirall
,
in
causes
pertaining
to
his
iurisdiction
;
as
also
against
the
Iudges
cognoscing
therupon
Item
,
against
them
which
give
Sea-brieves
,
Testimonials
,
or
such
like
,
over
sea
,
without
power
or
licence
from
the
Admirall
.
Item
,
against
transporters
and
carriers
of
traitors
,
rebels
,
manifest
transgressors
,
and
fugitives
from
iustice
,
over
sea
.
Item
,
against
hirers
and
fraughters
of
ships
of
other
nations
,
when
they
may
be
served
by
their
own
nation
:
Item
,
against
such
as
cast
in
ballasting
,
sand
,
or
what
else
,
in
harbours
,
or
channels
,
that
may
defile
or
spoyle
the
same
.
Item
,
against
shippe
and
boat-wrights
,
extortioning
the
Lieges
or
subjects
.
Item
,
against
taking
away
the
boigh
from
the
anchor
,
or
cutters
of
cables
,
or
other
tewes
.
Item
,
against
false
weights
and
measures
by
sea
.
Item
,
against
shedders
of
other
mens
bloud
on
sea
,
or
any
Port
or
river
below
the
first
bridge
next
the
sea
:
or
them
who
are
lamed
or
hurt
through
faulty
and
ill
geare
in
ship
.
Item
,
against
Customers
or
Water-bailies
,
taking
more
custome
or
anchorage
than
wont
.
Item
,
against
such
as
absent
themselves
from
wappinshewing
or
mustering
;
which
the
Admirall
may
ordaine
twise
a
yeere
in
time
of
warre
,
and
once
in
two
yeares
in
time
of
peace
,
upon
all
dwellers
at
Ports
and
Harbors
,
or
within
one
mile
neere
thereunto
.
[
i
](A14929-e2610-b)
i
L'
Admirall
de
France
.
Item
,
all
sorts
of
transgressions
committed
by
sea-men
,
ferry-men
,
water-men
,
as
well
in
floud
rivers
and
creekes
from
the
first
bridge
,
as
on
the
seas
;
Fishers
,
Pilots
;
Shipwrights
,
pressed
men
contemning
the
authority
of
the
Admirall
:
and
after
due
cognition
,
to
levie
and
apply
to
his
owne
use
the
penalties
and
amerciaments
of
all
transgressors
aforesaid
,
as
due
unto
the
Admirall
;
together
with
the
goods
of
Pirats
,
Felons
,
capitall
faulters
,
their
receivers
,
assisters
,
attainted
,
convict
,
condemned
,
outlawed
or
horned
.
Item
,
wayffe
or
stray
goods
,
wreck
of
sea
,
cast
goods
.
Item
,
deo
dando
,
that
is
to
say
,
the
thing
,
whether
Boat
or
Ship
,
&c.
that
caused
the
death
of
a
man
,
or
whereout-of
a
man
did
perish
.
Item
,
shares
,
lawfull
prizes
or
goods
of
the
enemy
.
siclike
Lagon
,
that
which
was
found
lyand
at
the
sea
ground
,
and
Flotson
that
is
found
swimming
upon
sea
;
and
Ietson
,
which
is
cast
forth
of
the
sea
to
the
shoare
and
coast
,
with
anchorages
,
beaconages
,
meare
swine
,
Sturgeons
&
Whales
,
&c.
and
all
fish
of
extraordinary
greatnesse
,
called
regall
fishes
;
which
all
are
allowed
in
great
Brittaine
,
France
,
and
other
noble
kingdomes
,
to
the
Admirals
,
by
their
Soveraigne
;
for
the
better
maintenance
of
their
estate
,
iurisdiction
,
and
conservancie
on
seas
,
rivers
,
flouds
,
roads
,
ports
,
harbours
,
channels
,
sayling
,
fishing
,
and
all
trading
there
,
as
altogether
and
chiefly
committed
to
the
care
,
maintenance
,
and
protection
of
the
Great
Admirall
.
TIT.
III.
Of
the
Admirall
Clerke
.
THe
Clerke
of
the
Admirall
Court
,
beside
that
he
should
be
very
skilfull
,
faithfull
,
and
give
his
solemne
oath
thereupon
at
his
admission
;
and
beside
the
poynts
of
his
office
requisite
and
common
to
all
Clerkes
of
other
Courts
,
hee
should
have
divers
Registers
,
as
for
congees
,
saueconducts
,
pasports
,
sea-briefes
;
as
without
which
no
shippe
should
passe
to
the
sea
in
time
of
warre
,
not
yet
to
farre
voyages
in
time
of
peace
:
[
a
](A14929-e2710-b)
a
L'
Admirall
de
France
.
which
no
other
Iudges
nor
Governours
should
give
forth
,
but
the
Admirall
onely
.
[
b
](A14929-e2720-b)
b
Eodem
.
Item
,
one
other
Register
for
the
reports
of
the
Skippers
and
Captains
,
at
their
return
to
the
Admirall
also
.
[
c
](A14929-e2740-b)
c
Eodem
.
Item
,
one
other
Register
for
the
names
of
Merchants
,
and
Passengers
,
and
Owners
;
for
the
Skipper
is
holden
to
give-up
the
said
persons
by
name
.
[
d
](A14929-e2760-b)
d
Secundum
act.
parliam
.
Iac.
●
.
cap.
27.
And
because
no
man
ought
to
take
upon
him
to
be
a
Master
or
Pilot
without
due
tryall
of
his
skill
:
even
so
ought
his
triall
to
be
registred
in
the
Admirall
his
bookes
.
[
e
](A14929-e2780-b)
e
L'
Admirall
de
France
.
But
within
the
water
of
Thames
,
this
tryall
and
registration
of
Pilots
,
pertaines
to
the
Trinitie-house
.
[
f
](A14929-e2790-b)
f
Looke
the
Charter
of
the
Trinity
house
on
Thames
.
Lastly
,
all
money
lent
to
hazard
upon
the
sea
,
called
of
old
Pecunia
trajectitia
,
for
certaine
profit
,
called
Foenus
nauticum
,
for
the
which
the
Lender
was
wont
to
beare
the
perill
,
against
the
manners
of
these
avaricious
daies
;
their
lendings
(
I
say
)
and
billes
of
assurance
,
should
be
done
before
the
Admirall
Clerke
.
[
g
](A14929-e2830-b)
g
L'
Admirall
de
France
.
To
conclude
,
no
other
Clerke
or
Writer
,
may
meddle
or
pen
things
concerning
the
sea-faring
,
without
licence
of
the
Admirall
.
[
h
](A14929-e2850-b)
h
Kintor
.
art.
45
TIT.
IV.
Of
the
Advocates
and
other
Officers
assistants
for
the
better
and
speedier
proceeding
in
the
Admirall
Court
.
FOr
the
more
upright
proceeding
,
and
easier
dispatch
of
causes
and
plaints
in
the
Admirall
Court
,
it
is
found
needful
that
all
Procurers
,
before
they
be
heard
,
sweare
solemnly
first
,
that
they
should
doe
nothing
maliciously
;
but
as
soone
as
they
finde
▪
their
action
to
be
unrighteous
in
any
part
of
the
processe
,
they
shall
tell
it
to
their
client
:
and
if
the
client
will
insist
,
then
to
shew
it
to
the
Iudge
.
Secondly
,
that
they
shall
not
reveale
their
clients
secret
to
the
adversary
,
nor
yet
collude
with
him
to
betray
their
client
.
And
lastly
,
that
they
shall
propone
neither
dilator
nor
peremptor
against
their
conscience
.
[
a
](A14929-e2910-b)
a
Il
consolato
del
mare
.
To
conclude
,
the
oath
of
fidelity
is
likewise
to
bee
solemnly
taken
of
the
rest
of
the
officers
of
Court
:
for
the
due
execution
of
their
offices
,
namely
,
at
their
admissions
.
[
b
](A14929-e2930-b)
b
Eodem
.
TIT.
V.
The
manner
of
proceeding
in
Sea-faring
causes
.
THe
debates
of
sea-farers
,
and
sea-faring
actions
,
should
be
decided
according
to
the
received
Lawes
and
Statutes
of
the
sea
:
which
fayling
,
then
the
customes
and
consuetudes
of
these
are
to
be
followed
.
[
a
](A14929-e2980-b)
a
Perladeprecatio
ad
l.
Rhod.
Bald.
in
l
observan
.
in
sect.
antiquam
de
off
.
proc●ns
.
because
all
dispositions
and
ordinances
commonly
take
their
interpretation
from
consuetudes
and
uses
.
[
b
](A14929-e2990-b)
b
Innoc●nt
.
in
e.
vlim
de
●erb
.
Sig.
And
if
neither
law
written
,
or
unwritten
custome
,
nor
consuetude
occurres
or
appeares
,
the
last
refuge
is
to
the
opinions
and
sentences
of
skilled
and
upright
men
in
the
profession
and
exercise
of
sea-faring
;
because
it
is
old
and
common
,
that
the
judgement
of
skilled
and
well
practised
men
,
should
be
followed
in
their
owne
trade
and
calling
.
[
c
](A14929-e3010-b)
c
Per
l.
1.
de
vent
inspic
.
But
in
the
manner
of
proceeding
,
it
is
a
perpetuall
priviledge
,
Quod
velo
le
vato
.
[
d
](A14929-e3040-b)
d
L.
de
submersis
C.
de
nauf
.
lib.
11.
That
is
to
say
briefely
and
summarily
,
causes
should
be
cognosced
,
and
without
the
solemnitie
of
other
ordinary
Courts
&
judgements
,
onely
looking
to
God
and
the
truth
;
so
that
the
Iudge
should
doe
,
if
it
were
possible
,
as
God
himselfe
.
[
e
](A14929-e3050-b)
e
Vide
rotam
genuae
,
&
DD.
Plaints
then
of
sea-farers
should
be
most
summarily
cognosced
,
but
specially
of
shipwracke
;
for
it
were
a
cruelty
to
vexe
so
miserable
persons
with
the
tedious
ordinary
proceedings
of
Courts
,
in
so
much
as
they
need
not
to
put
their
petition
in
writing
.
[
f
](A14929-e3070-b)
f
●artol
.
Lu●ius
&
Iohannes
ad
d.
l
:
de
submersis
.
And
because
that
sayling
tends
to
a
great
Common-wealth
,
therefore
least
sea-farers
should
bee
wearied
with
pleas
,
and
so
either
lose
their
right
,
or
their
trade
,
[
g
](A14929-e3090-b)
g
Secundum
l.
illum
de
Pet.
hered.
summary
processe
should
be
common
to
them
all
.
Which
sort
of
processe
is
so
urged
by
the
Doctors
of
Law
,
that
they
counsell
Iudges
,
who
feare
appellations
or
advocations
,
to
prevent
the
same
by
a
present
execution
;
[
h
](A14929-e3110-b)
h
DD.
i●
c.
proposu
〈◊〉
.
de
sor.
comp
●
.
namely
,
in
causes
of
spoyle
or
wrack
:
so
that
upon
every
interloquutor
,
they
may
proceed
to
execution
,
making
restitution
presently
.
Providing
alwaies
,
that
caution
bee
first
found
by
the
spoyled
,
to
satisfie
the
sentence
of
the
Iudge
of
the
appellation
,
in
case
it
shall
happen
to
be
made
.
[
i
](A14929-e3120-b)
i
L'
Admirall
de
France
.
This
is
also
a
priviledge
of
the
sea-faring
Iudicature
,
that
albeit
by
the
common
rules
of
the
law
,
where
no
Litiscontestation
is
past
,
no
witnesse
should
bee
received
,
nisi
ad
aeternam
rei
memoriam
,
ac
adversario
ad
id
citato
;
yet
in
shipwracke
,
as
a
case
very
pittifull
,
any
of
the
shippe-broken
men
may
come
to
the
Iudge
of
that
part
where
the
wrack
happens
,
and
by
witnes
brought
with
him
,
prove
the
wracke
and
spoile
;
[
k
](A14929-e3160-b)
k
Si
quis
.
10.
C.
de
naufrag
.
to
the
end
that
if
any
owner
should
pursue
his
goods
,
for
to
recover
them
,
hee
might
be
justly
repelled
by
an
exception
of
an
innocent
losse
:
[
l
](A14929-e3170-b)
l
L.
Fin.
ad
l.
Rhod.
which
should
be
done
within
a
yeer
and
a
day
;
namely
,
by
such
as
were
in
service
to
the
Prince
and
country
.
[
m
](A14929-e3180-b)
m
L.
quoties
.
de
naufrag
.
The
like
is
to
be
observed
also
in
causes
of
spoyle
;
where
by
the
lawes
of
England
,
it
is
sufficient
for
the
spoyler
to
prove
his
goods
by
his
marke
,
&c.
[
mm
](A14929-e3210-b)
mm
Vide
statut
.
Ang.
In
which
doing
,
no
citation
is
required
;
and
that
against
the
common
law
:
[
n
](A14929-e3230-b)
n
L.
de
unoqu●que
.
dere
iudica
.
&
L.
quoties
.
C
de
naufrag
.
lib.
11.
yea
,
the
death
of
the
ship-broken
may
not
onely
bee
proved
by
the
rest
living
,
but
also
by
the
persons
,
who
were
present
at
the
preparation
of
their
voyage
,
even
their
owne
parents
and
children
,
if
none
of
the
ship-broken
be
on
live
.
[
o
](A14929-e3240-b)
o
De
l.
quoties
.
And
as
this
is
a
priviledge
extraordinary
for
such
chances
;
even
so
ordinarily
may
Merchants
and
Mariners
sayling
together
,
beare
witnesse
each
one
to
other
of
their
society
within
ship
,
if
they
have
neyther
to
lose
nor
gaine
thereby
;
and
namely
Mariners
,
for
or
against
the
Skipper
when
the
voyage
is
ended
,
and
when
they
are
free
from
his
commandement
.
[
p
](A14929-e3260-b)
p
Il
conselato
artic.
221.
&
222.
For
by
the
consent
of
the
Doctors
,
when
the
truth
cannot
be
otherwise
tryed
,
then
unable
persons
may
be
heard
.
Item
,
to
the
end
that
this
trade
bee
not
hindred
by
calumniators
,
and
wilfull
vexers
of
their
neighbours
under
colour
of
Law
:
it
is
provided
,
that
not
onely
the
common
caution
,
Iudicio
sisti
,
&
Iudicatum
solvi
,
bee
kept
on
the
part
of
the
defender
;
but
also
that
the
pursuer
shall
finde
caution
,
de
expensis
solvendis
,
if
hee
faile
in
proofe
.
[
q
](A14929-e3300-b)
q
Consent
of
●ll
sea
lawes
.
Likewise
,
in
case
the
party
pursued
be
contumax
,
and
will
not
compeire
to
defend
himselfe
,
or
his
shippe
,
or
things
challenged
;
namely
,
after
three
or
foure
citations
directed
from
the
high
Court
of
the
Admiraltie
,
called
quatuor
defaltae
(
for
that
citation
called
Vnum
pro
omnibu●
,
is
not
sufficient
to
convince
one
of
contumacy
)
specially
in
the
claime
or
vindication
of
a
shippe
,
any
part
thereof
,
or
any
other
such
like
thing
or
goods
;
then
may
the
Iudge
ordaine
his
Marshall
or
officer
,
by
his
sentence
called
primum
decretum
,
to
put
the
plaintiffe
in
possession
thereof
,
at
least
to
the
worth
of
the
suit
:
Providing
notwithstanding
,
that
if
the
party
compeir
within
a
yeare
and
a
day
after
,
offering
the
expence
made
to
the
pursuer
,
and
caution
to
obey
the
definitive
,
he
shall
yet
be
heard
upon
the
propriety
.
Otherwise
,
that
time
being
fully
expired
,
the
Iudge
may
proceed
and
adjudge
the
propriety
of
the
ship
to
the
plaintiffe
.
[
r
](A14929-e3350-b)
r
De
offic.
Admi
.
Ang.
in
fin
.
cum
ibi
citatis
.
Neither
is
it
needfull
to
execute
summons
or
citations
in
such
cases
,
elsewhere
but
where
the
ship
or
quarrelled
goods
in
question
lies
,
or
at
the
part
usuall
of
their
haunting
.
[
s
](A14929-e3370-b)
s
Ibid.
Further
,
as
this
way
it
is
provided
for
the
snibbing
and
staying
of
calumniators
in
iudgement
:
even
so
it
is
ordained
against
maliciousnesse
out
of
iudgement
of
such
persons
who
onely
to
hinder
and
stay
their
neighbours
,
vexes
them
with
needlesse
arrestments
;
that
upon
caution
such
a●restments
be
speedily
losed
,
except
it
be
either
for
fraught
already
deserved
,
or
mariners
wages
,
or
such
cases
wherein
by
law
the
shippe
is
obliged
;
or
else
for
service
to
the
Prince
:
[
t
](A14929-e3390-b)
t
Il
conselato
4●
as
also
if
arrestment
be
used
,
eyther
upon
goods
,
or
mariner
ready
to
saile
,
the
same
may
bee
loosed
,
upon
caution
to
make
forth-comming
so
much
goods
as
the
mariner
hath
within
ship-boord
.
[
u
](A14929-e3400-b)
u
Denmarke
.
TIT.
VI.
Of
persons
ordinary
in
ships
.
TOuching
persons
ordinary
for
sayling
in
ships
,
they
are
of
divers
orders
,
and
therefore
diversly
stiled
:
as
first
,
hee
who
beares
charge
over
all
the
shippe
and
kippage
,
is
commonly
called
by
us
,
and
most
part
of
nations
,
both
now
and
of
old
,
and
specially
by
the
Romane
lawes
,
Navicularius
,
or
Magister
Navis
:
[
a
](A14929-e3470-b)
a
L.
1.
&
passim
.
ad
l.
rhod
.
&
l.
1.
parag
▪
●●naur
,
caup
.
that
is
,
as
wee
speake
,
Master
of
the
ship
;
by
the
Dutches
,
Skipper
;
&
by
the
Grecians
,
Nauarchus
or
Nauclerus
;
[
b
](A14929-e3500-b)
b
Vide
l.
semper
de
iur
.
immun
ita
.
&
l.
3.
C.
de
navicular
.
Vide
Vegetium
de
re
militar
.
by
the
Italians
,
Patrono
.
But
if
the
ship
be
a
warfaring
ship
,
the
principal
person
is
commonly
called
Captaine
by
us
and
other
neere
nations
.
The
next
to
the
Master
,
is
hee
who
directs
the
ship
in
the
course
of
her
voyage
,
called
by
the
French-men
,
Pilot
;
by
Vs
and
the
Dutche
,
Steirsman
;
by
the
Romans
,
Gubernator
;
[
c
](A14929-e3530-b)
c
Vide
lege●
navales
Rhodior
.
by
the
Italians
,
Nochiero
,
[
d
](A14929-e3550-b)
d
Il
consolato
▪
Pilotto
,
&
Nauarchus
,
as
Gerretus
writes
.
The
third
person
is
commonly
called
the
Masters
mate
or
companion
,
chiefly
if
the
Master
be
Steirsman
himselfe
:
this
man
is
called
by
the
Grecians
and
Romans
Proreta
:
[
e
](A14929-e3610-b)
e
Vide
dd
.
Il.
navales
,
&
Plautum
in
ruden●●
.
his
charge
is
to
command
all
before
the
mast
.
The
fourth
person
is
hee
who
attends
upon
the
mending
of
the
faulty
parts
in
the
ship
,
called
by
us
and
the
Dutches
,
Timberman
or
Shipwright
;
by
the
old
Grecians
and
Romans
,
Naupegus
or
Naupagus
:
[
f
](A14929-e3650-b)
f
Vide
dd
.
Il
selec
.
Rhod.
but
by
the
late
Grecians
,
Calaphates
:
for
which
cause
the
Emperor
Michael
was
called
Calaphates
,
because
his
father
had
beene
a
Shipwright
in
Paphlagonia
;
as
witnesseth
Egnatius
and
Volateranus
,
[
*
](A14929-e3720-b)
*
Lib.
23
▪
and
therefore
the
Venetians
and
Italians
name
their
Timberman
Calafatte
.
[
g
](A14929-e3740-b)
g
Vide
il
consola
.
The
next
person
in
order
,
is
hee
who
beares
the
charge
of
the
shippes
boat
,
called
by
us
Boatsman
;
by
the
Italians
,
Barchierie
;
by
the
Grecians
and
Romanes
,
Carabita
:
for
Carabus
notes
the
boat
of
the
ship
.
[
h
](A14929-e3790-b)
h
Vide
dd
Il.
Selec
.
The
sixt
person
requisi●e
in
any
shippe
of
great
burthen
,
is
a
Clerke
;
by
the
Italians
,
Scrivano
,
[
i
](A14929-e3820-b)
i
Vide
il
consol
.
whose
office
is
to
write
up
and
make
accompt
of
all
things
received
or
delivered
in
the
ship
,
together
with
all
the
ordinary
and
needfull
expenses
made
upon
ship
&
kippage
:
who
for
his
more
faithfull
discharge
,
should
at
his
entry
be
sworne
before
the
ordinary
Sea-Iudge
;
as
is
ordinarily
practised
in
Ancona
,
and
other
parts
of
Italy
.
[
k
](A14929-e3850-b)
k
Ferretus
de
re
&
iure
navali
.
The
seventh
is
the
Cook
,
a
most
necessary
member
as
long
as
there
will
be
bellies
.
The
eighth
is
the
ships
boy
,
who
keepes
her
continually
in
harbours
;
called
therefore
by
the
Grecians
,
Nauphylakes
;
by
the
Romans
,
Dietarius
;
[
l
](A14929-e3900-b)
l
L.
1.
parag
2
,
naut
.
caup
.
and
by
the
Italians
,
Guardiano
.
[
m
](A14929-e3920-b)
m
Il
consolato
.
All
the
foresaids
are
distinct
in
offices
and
names
,
and
therefore
accordingly
should
also
be
distinguished
in
hyres
and
fees
,
after
the
custome
of
the
Country
.
The
rest
of
the
persons
of
the
kippage
,
are
under
the
common
stile
of
mariners
,
which
the
Romans
call
Nautas
:
but
they
name
those
of
the
lowest
and
base
degree
,
as
may
bee
the
boyes
and
prentises
in
ship
,
Mesonautae
,
[
n
](A14929-e3950-b)
n
Vide
Budaeum
ad
l.
1.
naut
.
caup
.
and
Nautebatae
,
as
who
should
bee
ready
at
command
,
to
climbe
upon
the
tewes
,
or
to
such
common
service
in
the
ship
.
[
o
](A14929-e3970-b)
o
Vide
l.
debet
.
parag
.
haec
actio
.
naut
.
caup
.
TIT.
VII
.
The
fraughting
of
Ships
.
NO
Shippe
should
be
fraughted
without
a
charter-partie
written
and
subscribed
,
[
a
](A14929-e4020-b)
a
Il
naval
.
rhod
.
select
.
art.
20.
containing
both
the
Master
and
Merchant
,
and
the
name
of
the
Ship
,
that
no
doubt
may
arise
;
[
b
](A14929-e4030-b)
b
Vide
Bartol
.
in
l
que●
rerum
.
parag
.
Si
navem
.
de
leg
1.
argumento
l.
Labeo
de
.
Supel
.
ligat
.
&c.
and
likewise
,
that
the
Master
shall
finde
a
sufficient
Steirsman
,
Timberman
,
Shipman
,
and
Mariners
convenient
,
Shippe-tycht
,
masts
,
sayles
,
tewes
,
strong
anchors
,
and
boat
fit
for
the
ship
,
with
fire
,
water
,
and
salt
,
on
his
own
expences
.
[
c
](A14929-e4040-b)
c
Cap
17.
&
130.
art
.
Iaco●
.
3.
Vide
de
Il.
Rhod.
And
this
charter
partie
,
among
all
the
westerne
Merchants
,
and
those
of
the
great
Ocean
,
usually
is
made
to
per●orme
all
things
requisite
by
the
lawes
of
Oleron
.
[
d
](A14929-e4060-b)
d
d.
art.
20.
And
if
there
be
no
Writing
,
but
an
Earnest
,
then
the
Merchant
,
if
hee
repent
or
rew
,
loseth
his
Earnest
:
but
the
Skipper
,
if
he
repent
,
loseth
the
double
of
the
earnest
or
arles
[
e
](A14929-e4080-b)
e
Art.
19.
Il.
naval
.
Rhod.
If
the
ship
be
not
ready
at
the
day
appointed
in
the
charter-party
to
goe
to
sea
,
the
Merchant
may
not
onely
free
himselfe
of
her
,
[
*
](A14929-e4100-b)
*
Per
legem
item
parag
.
Si
in
lege
l.
ca.
except
he
hold
his
peace
and
discharge
her
not
(
for
then
by
his
silence
he
appeares
to
consent
of
new
)
but
also
shal
or
may
obtaine
all
charges
,
scathes
and
interest
:
[
f
](A14929-e4110-b)
f
Oleron
.
Except
the
Master
shew
some
excuse
of
a
notorious
necessitie
,
or
of
a
chance
that
could
not
bee
eschewed
:
and
then
hee
loseth
onely
his
fraught
,
because
hee
hath
not
deserved
it
.
[
g
](A14929-e4120-b)
g
Per
l.
si
,
ex
conducto
,
&
l.
si
item
fundus
,
&
l.
haec
distinctio
&
d.
l.
si
in
.
lege
.
loca
.
But
if
the
fault
be
in
the
Merchant
,
[
h
](A14929-e4130-b)
h
d
,
l.
ex
conducto
.
he
shall
pay
the
Skipper
and
shippes
dammage
,
or
according
to
the
Rhodian
law
,
shall
entertain
the
kippage
and
company
tenne
dayes
;
and
if
then
he
stay
longer
,
shall
pay
the
fraught
of
all
accordingly
:
[
i
](A14929-e4140-b)
i
〈…〉
navalium
.
and
further
,
shall
upset
all
hurt
and
damage
hapning
by
fire
,
water
,
or
otherwise
,
after
the
time
appointed
.
[
k
](A14929-e4150-b)
k
Art.
29.
cod
.
It
is
true
,
that
the
Rhodians
charge
the
Merchant
in
this
case
onely
with
halfe
fraught
,
&
the
Skipper
with
the
whole
fraught
if
he
faile
:
albeit
that
the
Romans
inflict
the
pain
of
the
whole
fraught
upon
the
Merchant
:
[
m
](A14929-e4170-b)
m
d
l.
si
in
lege
,
&
l.
ult.
ad
l.
rhod
.
&
d.
l.
ex
conducto
.
specially
,
if
hee
take
forth
his
goods
againe
;
for
then
is
the
fraught
thought
to
be
deserved
.
[
n
](A14929-e4180-b)
n
l.
ult.
loca●
.
But
if
the
ship
in
her
voyage
become
unable
without
the
Masters
fault
,
or
that
the
Master
or
Ship
bee
arrested
by
some
Magistra●e
in
her
way
,
the
Master
may
either
mend
his
shippe
,
or
fraught
another
:
but
in
case
the
Merchant
agree
not
therunto
,
then
the
Master
shall
at
least
obtaine
his
fraught
,
so
farre
as
he
hath
deserved
it
.
[
o
](A14929-e4200-b)
o
Oleron
,
&
l.
ult.
adc
.
Rhod.
For
otherwise
,
except
the
Merchant
consent
,
or
necessitie
constrain
the
Skipper
,
to
put
the
goods
in
another
ship
worse
than
his
owne
,
the
Master
is
holden
for
all
losses
and
damage
,
except
that
both
the
ships
perish
that
voyage
,
and
that
no
fault
nor
fraud
be
found
with
the
Master
.
[
p
](A14929-e4220-b)
p
d.
l
ult.
Also
it
is
recounted
for
a
fault
,
if
the
Master
put
forth
the
ship
to
sea
,
either
without
a
skilful
Pilot
,
or
without
sufficient
furniture
&
necessaries
,
according
to
the
clause
ordinary
●f
charter
parties
,
or
that
the
other
ship
in
which
the
goods
were
last
put
in
,
be
not
sufficient
,
or
that
the
Master
hazard
forth
to
sea
in
an
unlikely
time
.
[
q
](A14929-e4230-b)
q
d.
l.
item
.
Yea
,
in
former
times
it
was
forbidden
expresly
,
as
by
the
Emperours
Gratian
,
Theodosius
,
and
Valentinian
,
to
hazard
upon
sea
from
November
till
Aprill
[
r
](A14929-e4260-b)
r
l.
3.
de
nauf
C.
Theodos.
&
l
3.
de
nauf
C.
Iallin
.
lib.
11.
As
also
by
the
Kings
of
Scotland
,
from
S.
Iudes
day
till
Candlemas
[
s
](A14929-e4300-b)
s
V●de
act
.
par.
And
alwaies
it
is
accounted
by
the
lawes
for
a
fault
,
to
make
forth
of
a
Port
in
time
of
a
manifest
storme
.
[
t
](A14929-e4310-b)
t
l.
u●ique
parag
.
fin
.
&
l
qui
petitorio
.
parag
.
fin
.
de
vend
.
l.
item
queritor
.
sect.
si
navicularius
.
C.
●oca●
&
l.
u●t
.
de
naufrag
.
Item
,
if
a
Skipper
set
forth
his
ship
for
a
certain
charge
,
and
then
takes
in
any
more
,
he
ought
to
lose
his
fraught
justly
.
[
u
](A14929-e4330-b)
u
la
ro●l●
Oleron
.
And
in
such
a
case
,
when
goods
bee
cast
through
storme
,
it
shall
not
be
made
good
by
any
contribution
,
but
by
the
Skipper
his
owne
purse
.
[
x
](A14929-e4350-b)
x
art.
2●
l●g
.
naval
.
rhod
.
And
if
hee
over-burden
the
ship
above
the
birth
marke
,
he
shall
pay
a
fine
.
[
y
](A14929-e4360-b)
y
Denmarke
.
Item
,
if
a
Ship
Port
at
any
other
Port
then
she
was
fraughted
to
,
against
the
Masters
will
,
as
by
storm
,
or
some
force
;
then
the
goods
shall
be
transpor●ed
to
the
port
conditioned
,
on
the
Skippers
charges
:
but
this
thing
also
must
be
tried
by
〈◊〉
oath
of
the
Skipper
and
two
of
his
Mariners
:
[
z
](A14929-e4380-b)
z
Oleron
.
or
else
the
Skipper
may
bee
in
further
danger
.
Where
also
it
is
to
be
observed
,
that
for
the
in-going
to
sundry
divers
ports
by
the
way
,
imports
not
a
diversitie
or
a
multiplication
of
voyages
[
*
](A14929-e4400-b)
*
DD.
in
l.
qu●
romae
parag
.
Callimachus
.
de
verb
oblig
.
But
if
any
man
compell
the
Skipper
to
overburden
ship
or
boat
,
he
may
be
therfore
accused
criminally
,
and
pay
the
damage
happening
thereby
.
[
a
](A14929-e4420-b)
a
l.
unica
C.
ne
quid
on●r
pub
.
lib.
1●
.
Item
,
if
any
Skipper
set
his
ship
to
an
unfree
man
,
and
not
of
substance
,
and
other
qualities
prescribed
by
king
Iames
the
third
,
[
b
](A14929-e4450-b)
b
c.
17
&c.
〈…〉
act.
r.
Iac.
●
.
hee
and
his
Mariners
shall
under-lie
the
paines
contained
therein
.
Item
,
if
a
Merchant
put
in
more
goods
in
ship
than
was
conditioned
,
then
may
the
Skipper
take
what
fraught
he
please
.
[
c
](A14929-e4470-b)
c
Il
consolato
del
ma●e
.
It
is
imputed
for
a
fault
to
the
Master
,
if
he
direct
his
course
by
waies
either
dangerous
through
Pirats
,
enemies
,
or
other
evill
aventures
,
and
holds
not
forth
his
due
rout
,
[
d
](A14929-e4490-b)
d
l.
pe●
.
parag
.
si
navis
.
loc.
&
l.
si
pecuniam
.
de
cond.
indeb
.
&
l.
qui
fiscalis
C.
de
navicul
.
lib.
11.
&
l.
quum
proponas
de
naut
.
●oen
.
and
dammage
happen
thereby
.
It
is
likewise
counted
a
fault
,
if
the
Master
carry
the
pensell
or
flagge
of
other
Nations
than
his
owne
,
and
thereby
incurres
scath
and
losse
of
any
thing
.
[
e
](A14929-e4510-b)
e
Per.
l.
quum
proponas
.
ad
l.
rhod
.
For
,
as
packquets
,
pipes
,
hogsheads
,
and
such
like
,
should
be
marked
by
the
proper
marks
of
the
Merchants
to
whom
they
appertaine
:
[
f
](A14929-e4520-b)
f
Per
l.
●
.
C.
d●
nav
.
b.
non
excus
&
l.
minim●
.
de
espisc
.
aud●en
▪
even
so
should
ships
be
discerned
one
from
another
,
by
their
owne
pensell
or
flagge
Item
,
if
coffers
,
pipes
,
pakquets
,
&c.
be
delivered
close
and
sealed
,
and
afterward
shall
be
received
open
and
loose
,
the
Master
is
to
be
charged
therefore
,
untill
a
due
tryall
and
consideration
of
that
matter
.
[
g
](A14929-e4540-b)
g
Bat●
.
in
l.
in
actionib
.
in
fin
.
de
in
lit
.
iurand
,
&
in
l.
unic
.
furt
.
advers.
naut
.
The
Master
also
must
be
answerable
,
for
that
harme
which
the
rats
for
want
of
a
cat
doe
in
the
ship
to
any
merchandise
.
[
h
](A14929-e4560-b)
h
Per
l.
item
quae
parag
si
●ull●
.
loc.
TIT.
VIII
.
Of
the
Master
of
the
Ship
,
his
power
,
and
duty
thereunto
belonging
.
THe
Master
of
the
ship
is
hee
to
whom
the
whole
power
and
charge
of
the
ship
is
committed
:
[
a
](A14929-e4610-b)
a
l.
1.
de
exercit
.
act
.
which
power
is
prescribed
,
partly
by
the
owner
or
outreader
,
and
partly
by
the
common
law
of
the
sea
:
as
,
to
set
her
forth
for
fraught
;
to
take
in
passengers
;
to
mend
and
furnish
the
ship
.
[
b
](A14929-e4620-b)
b
d.
l.
1
And
to
that
effect
,
if
need
be
,
in
a
strange
countrey
to
borrow
money
with
advise
of
the
kippage
or
,
company
,
[
c
](A14929-e4630-b)
c
Oleron
.
upon
some
of
the
tackle
,
or
to
sell
some
of
the
Merchants
goods
;
provided
,
that
the
highest
price
that
the
rest
of
the
goods
is
sold
for
at
the
market
,
be
repayed
to
the
Merchant
:
which
being
done
,
the
fraught
of
that
goods
so
sold
and
repayed
,
shall
be
repayed
by
the
Master
to
the
owner
of
the
ship
,
as
well
as
the
fraught
of
the
rest
of
the
Merchants
goods
,
except
the
ship
perish
in
the
voyage
;
in
which
case
onely
the
price
that
the
sold
goods
were
bought
for
,
shall
be
rendered
:
[
d
](A14929-e4640-b)
d
Eod.
And
for
no
other
cause
,
no
not
in
the
chance
of
shipwracke
,
may
the
Master
take
on
or
conquest
money
,
specially
,
by-selling
of
Merchants
goods
.
[
e
](A14929-e4650-b)
e
Eod.
And
thus
far
concerning
his
power
As
for
the
Masters
duty
,
he
ought
first
before
he
loose
or
make
saile
,
to
seeke
and
obtaine
the
consent
of
the
most
part
of
the
kippage
or
company
;
yea
,
if
hee
be
not
very
skilfull
,
he
should
doe
no
other
thing
of
importance
without
their
advise
:
otherwise
,
hee
shall
undergoe
what-ever
dammage
happens
by
his
doings
;
[
f
](A14929-e4670-b)
f
Eod.
and
specially
if
he
loose
forth
of
any
harbour
without
an
expert
Pilot
,
[
g
](A14929-e4680-b)
g
l.
item
Magister
locat
.
yea
,
or
in
the
harbour
the
ship
happen
to
fallover
.
[
h
](A14929-e4690-b)
h
Oleron
.
And
as
the
Skipper
his
rashnesse
and
unskilfulnesse
is
thus-wise
corrected
:
even
so
his
negligence
and
sloth
is
to
be
punished
.
As
first
,
by
suffering
the
overlap
and
cowbridge
to
be
unticht
,
[
i
](A14929-e4710-b)
i
Denmarke
.
or
the
pumpe
to
be
faultie
,
or
a
sufficient
decking
to
be
lacking
;
[
k
](A14929-e4720-b)
k
Leges
naval
.
Rhod.
art.
11.
and
specially
,
from
corn
,
victuall
,
and
such
like
goods
,
which
should
be
most
carefully
kept
,
and
fenced
from
water
and
spoyling
.
[
l
](A14929-e4730-b)
l
Eod.
art.
38.
Otherwise
,
the
negligent
Skipper
is
holden
to
make
good
all
scath
or
dammage
comming
thereby
,
beside
that
the
fraught
of
such
spoiled
goods
is
lost
;
except
that
[
m
](A14929-e4740-b)
m
Art.
44.
eod.
the
ship
or
crear
was
open
from
the
beginning
,
and
fraughted
without
any
overlap
:
[
n
](A14929-e4750-b)
n
Vide.
l.
1.
parag
.
quadam
de
exercit
.
which
two
kindes
of
ships
,
are
tearmed
by
the
Iurisconsult
,
Emphractae
&
Rephractae
,
[
nn
](A14929-e4770-b)
nn
d.
l.
1
parag
.
quaedam
.
Further
,
this
duty
is
required
of
the
Master
,
that
according
to
the
Act
made
by
King
Iames
the
third
of
Scotland
,
he
give
up
the
names
of
all
persons
transported
in
his
ship
,
before
he
make
saile
:
[
n
](A14929-e4810-b)
n
c
27
actor
.
per
lac
3
&
l'
Admiral
de
France
.
As
likewise
at
his
return
,
the
just
Inventarie
of
the
goods
of
any
persons
which
shall
happen
to
depart
this
life
in
that
voyage
;
[
o
](A14929-e4820-b)
o
L'
Admirall
.
to
the
end
,
that
not
onely
the
lieges
at
home
,
nearest
to
the
dead
,
may
succeed
to
their
right
:
but
also
concerning
strangers
so
deceased
,
and
their
goods
,
that
the
same
may
be
put
in
sure
keeping
,
forth-comming
for
three
yeeres
space
;
but
by
the
custome
of
England
,
one
yeare
,
untill
the
nearest
of
the
dead-mans
kinne
come
and
claime
the
same
.
[
p
](A14929-e4840-b)
p
Il
consolat
del
mar
.
at
.
delmar
.
Of
which
goods
in
the
meane
time
,
the
bedding
with
the
pertinents
thereof
,
may
be
of
due
taken
by
the
Master
and
his
mate
,
to
their
uses
;
as
also
such
cloathing
,
and
other
thing
then
presently
upon
that
persons
body
,
may
be
delivered
to
the
boatsman
and
servants
of
the
ship
,
as
who
ought
therefore
to
burie
,
or
cure
at
least
,
the
over-putting
of
the
dead
in
the
Sea
.
[
q
](A14929-e4850-b)
q
Eod.
TIT.
IX
.
Of
the
Masters
duty
to
the
Merchant
and
Passenger
;
and
of
his
priviledges
.
THe
Master
ought
to
render
againe
whatever
he
receives
within
his
ship
,
to
him
who
delivered
the
same
,
as
well
victuall
as
clothing
and
merchandise
,
goods
,
or
other
thing
:
[
a
](A14929-e4900-b)
a
T.
T.
nau●
,
caup
.
where
we
take
goods
to
be
delivered
,
if
either
it
be
put
in
the
ship
,
or
in
presence
of
the
Master
or
Clerk
as
his
deputie
,
layd
to
the
ships
side
,
[
b
](A14929-e4910-b)
b
l.
1.
in
fin
.
eodem
.
and
both
wayes
,
the
perill
to
appertain
to
the
Master
.
[
c
](A14929-e4920-b)
c
l.
3.
eod.
Which
thing
also
is
extended
to
boatsmen
,
and
to
the
Ferryers
:
[
d
](A14929-e4940-b)
d
d.
l.
1.
parag
.
●
and
yet
is
it
surest
to
deliver
goods
before
witnesse
,
and
that
either
to
the
Master
,
Clerke
,
or
Skipper
his
deputies
thereto
:
[
e
](A14929-e4950-b)
e
Art.
12
ll.
navalium
.
for
the
master
is
not
holden
for
such
things
as
are
put
in
ship
without
his
,
and
his
companies
knowledge
;
[
f
](A14929-e4960-b)
f
l.
1.
depositi
.
because
where
men
are
found
ignorant
,
they
are
also
esteemed
not
to
consent
.
But
if
the
Merchant
or
Passenger
keepe
his
goods
by
himselfe
,
as
money
or
such
thing
in
his
coffers
,
and
then
alledge
the
lacke
therof
,
then
is
the
Skipper
and
his
kippage
onely
to
purge
themselves
by
their
oath
:
[
f
](A14929-e4970-b)
f
Eod.
art.
13.
but
if
afterward
notwithstanding
they
be
found
guilty
,
the
denyer
shall
pay
the
double
,
and
also
be
punished
for
perjurie
.
[
g
](A14929-e4980-b)
g
Art.
14.
eod.
Even
so
,
the
Master
is
lyable
for
all
damage
sustained
through
evill
hooks
,
cordels
,
blocks
or
lines
;
namely
,
if
the
mariner
foreshew
the
said
things
to
be
faulty
:
and
alwaies
the
mariners
shall
help
the
Skipper
in
common
to
pay
the
said
damage
.
[
h
](A14929-e5000-b)
h
Oleron
.
Item
,
if
any
scath
or
damage
happen
to
the
Merchant
or
Passengers
goods
,
through
unreasonable
stowing
or
breaking
up
,
the
master
shall
not
onely
refound
or
make
good
the
same
,
but
also
lose
his
fraught
,
and
twenty
pound
in
Scotland
to
the
King
,
[
i
](A14929-e5030-b)
i
Eod.
&c.
17.
&c.
130.
act
.
Iacob
.
3.
or
his
Admirall
as
his
successor
now
;
and
for
lacke
of
proofe
in
this
case
,
the
Skipper
and
his
kippage
shal
be
put
to
their
oath
.
[
k
](A14929-e5040-b)
k
Oleron
.
Further
,
what
ever
shal
hapen
through
fault
,
negligence
or
chance
eschewable
,
or
by
the
deed
of
passengers
and
others
than
himselfe
or
his
kippage
,
the
Skipper
is
holden
to
answer
and
pay
for
all
,
to
the
uttermost
penny
:
[
l
](A14929-e5050-b)
l
d.
l.
1.
in
fin
.
&
l
si
vendita
de
perie
.
rei
.
vend
.
&
l.
5.
&
6.
naut
.
caup
.
for
if
such
dammage
happen
by
a
mariner
,
the
Skipper
shall
refound
the
double
,
[
m
](A14929-e5060-b)
m
d.
l
6.
&
l.
7.
eod.
but
hee
may
repett
it
from
the
mariner
.
[
n
](A14929-e5070-b)
n
d.
l.
7.
But
it
is
not
so
if
the
damage
bee
done
by
a
mariner
to
another
,
except
he
be
a
Merchant
also
,
or
by
a
Merchant
or
Passenger
to
one
another
,
then
shall
not
the
double
be
sought
of
the
master
.
[
o
](A14929-e5080-b)
o
Vide
d.
l.
7
&
l.
unic
.
furt
.
ad
naut
.
caup
.
Neither
yet
is
the
master
holden
for
anything
without
the
ship
,
or
yet
within
the
same
,
if
he
duely
forewarn
each
man
to
keepe
his
owne
goods
,
and
they
agree
thereunto
.
[
p
](A14929-e5090-b)
p
l.
fin
.
naut
.
caup
.
&
per
l.
itaque
de
ed.
edict
.
Such
is
the
force
of
due
protestation
,
according
to
the
opinions
of
the
most
famous
Doctors
;
[
q
](A14929-e5110-b)
q
Bartol
.
&
Iason
in
l.
non
solum
parag
.
mortem
.
de
nou
oper.
nunc
.
which
conditions
aforesaid
,
are
most
justly
layd
upon
the
master
,
because
he
ought
to
hire
good
men
,
and
no
evill
person
in
his
company
:
[
r
](A14929-e5120-b)
r
Instit.
de
ob
.
qu●
ex
delict
.
parag
fin
.
for
it
is
in
his
owne
free
will
to
chuse
his
company
,
and
he
should
not
be
ignorant
of
the
men
he
hath
to
doe
with
;
[
s
](A14929-e5130-b)
s
l.
quicu●
alio
.
de
rog
.
iur
.
otherwise
,
if
the
master
were
not
so
obliged
to
all
such
duties
and
diligence
for
the
Merchant
&
Passenger
,
there
should
be
great
occasion
of
stealth
&
spoile
.
[
t
](A14929-e5140-b)
t
l.
1.
in
fin
.
naut
.
caup
.
Lastly
,
if
through
the
Masters
fault
,
confiscation
,
or
other
damage
happe●s
,
as
for
non-payment
of
the
custom
,
or
false
bils
of
the
goods
customable
,
or
for
transporting
of
unlawfull
goods
,
the
Master
shall
refound
the
same
with
the
interest
.
[
u
](A14929-e5160-b)
u
Seund
.
fin
.
l.
ult.
ad
l.
Rhod.
&
l.
quum
proponas
C.
de
naut
.
s●●nor
.
But
concerning
the
pursuits
of
these
aforesaids
,
as
the
Merchant
may
wel
pursue
for
the
spoyled
goods
onely
:
[
x
](A14929-e5180-b)
x
Accursius
in
l.
5.
naut
.
caup
.
per
l.
mela
ad
l.
aq.
even
so
may
the
Master
pursue
the
stollen
goods
;
as
he
who
must
onely
,
at
least
,
chiefly
,
answer
therefore
.
[
y
](A14929-e5190-b)
y
Per.
l
itaque
de
furtis
.
And
yet
for
all
this
,
in
case
for
want
of
these
things
,
which
the
Merchant
at
the
fraughting
promised
to
be
done
at
the
entry
to
the
voyage
,
any
of
the
aforesaid
losses
happens
,
and
therewith
the
Master
and
foure
mariners
sweare
no
fault
to
have
been
in
them
,
the
Master
shall
goe
free
.
[
z
](A14929-e5200-b)
z
La
reol
d'
Oleron
.
And
yet
must
we
not
overpasse
this
observation
,
that
if
the
Master
offer
the
just
custom
,
anchorage
,
or
whatever
other
duty
pertaines
to
any
Customers
,
and
he
,
because
of
their
unrighteous
refusall
,
makes
saile
,
the
weather
and
his
necessity
so
requiring
,
then
may
he
be
justly
defended
afterward
against
that
Customer
.
[
a
](A14929-e5220-b)
a
Per
l.
quantae
:
de
pu●
.
Neither
yet
should
a
ship
that
hath
once
paid
her
anchorages
,
pay
againe
,
if
she
be
forc't
through
tempest
backe
to
the
same
Port.
[
b
](A14929-e5230-b)
b
Per
l.
fin
.
parag
.
si
propter
necessi●atem
eod
.
TIT.
X.
The
Masters
duty
to
the
Mariner
.
SEeing
the
Master
is
the
ordinary
ruler
over
his
owne
kippage
or
company
,
he
ought
to
keepe
them
in
peace
so
long
as
they
eate
his
bread
.
[
a
](A14929-e5280-b)
a
Oleron
.
And
if
any
mariner
hap
to
be
hurt
in
doing
service
,
or
by
his
companion
,
the
Master
shall
cause
him
to
be
healed
,
as
he
who
is
onely
answerable
for
the
fact
of
all
within
ship-boord
;
[
b
](A14929-e5290-b)
b
Per.
l.
1.
de
exerc
.
act.
&
l.
fin
.
naut
.
caup
.
and
then
by
his
authority
,
repeit
or
recover
from
the
other
mariner
,
the
charges
,
with
all
that
is
lost
to
the
hurt
man
therby
:
[
c
](A14929-e5300-b)
c
Art.
5.
ll.
naual
.
except
that
he
who
is
hurt
or
lamed
,
have
provoked
the
other
by
evident
invasion
,
assault
,
or
stroaks
.
[
d
](A14929-e5310-b)
d
Art.
6.
eod.
And
if
a
mariner
become
sick
,
the
Skipper
shall
cause
him
to
be
layd
in
a
house
,
with
all
sustentation
necessary
and
usuall
in
the
ship
,
but
shall
not
stay
the
ship
untill
he
be
healed
;
and
when
he
recovers
health
,
shall
give
him
his
hire
:
or
if
he
dye
,
shall
give
it
to
the
wife
or
nearest
friends
.
[
e
](A14929-e5330-b)
e
Per.
l.
ulr
.
ad
l.
Rhod.
But
if
a
mariner
be
not
hurt
in
the
ships
service
,
the
Skipper
shall
hire
another
in
his
place
;
who
if
he
draw
more
hyre
,
then
that
mariner
shall
refound
the
superplus
.
[
f
](A14929-e5340-b)
f
Oleron
.
And
alwaies
the
Master
ought
to
lend
his
mariners
if
they
lack
[
g
](A14929-e5350-b)
g
Eod.
Item
,
if
through
the
Masters
fault
,
the
ships
boat
perish
with
any
mariners
in
it
,
as
through
spoyld
tews
,
&c.
then
shal
the
Master
pay
one
whole
yeeres
hyre
to
the
heires
of
the
drowned
:
[
h
](A14929-e5370-b)
h
Art
46.
il
.
naval
.
Item
,
he
ought
to
give
his
mariners
,
flesh
upon
Sonday
,
Tuesday
,
and
Thursday
;
and
upon
other
dayes
,
fish
,
or
such
like
,
with
sufficient
drinke
:
but
no
meate
to
them
that
sleepe
not
in
the
ship
.
[
i
](A14929-e5390-b)
i
ll
consolato
.
And
yet
the
quality
and
quantity
of
mariners
food
and
hyres
,
goeth
diversly
,
according
to
the
divers
customes
of
Countries
,
and
the
conditions
made
at
the
entry
to
their
voyage
.
TIT.
XI
.
Of
the
duties
and
priviledges
of
Mariners
.
MAriners
owe
all
due
obedience
to
the
Master
,
not
onely
in
flying
from
him
in
his
wrath
so
farre
as
they
can
,
but
also
in
suffering
;
yet
may
they
after
one
stroake
defend
themselves
.
In
case
of
rebellion
of
mariners
against
their
master
,
which
is
thought
then
to
be
done
,
when
the
Master
hath
thrise
lifted
the
Towell
from
before
any
mariner
,
and
yet
he
submits
not
himselfe
,
then
may
he
not
onely
be
commanded
forth
of
the
ship
at
the
first
land
,
but
also
if
he
make
open
strife
and
debate
against
the
master
,
hee
shall
lose
his
halfe
hire
,
with
all
the
goods
he
hath
within
ship-boord
.
[
a
](A14929-e5440-b)
a
Oleron
,
&
il
consolato
.
But
if
in
this
strife
a
mariner
useth
any
armour
or
weapons
,
then
should
the
rest
of
the
mariners
binde
him
,
prison
him
,
and
present
him
to
justice
;
so
that
if
any
of
them
refuse
to
lay
to
his
hand
,
and
to
assist
,
he
shall
lose
his
hire
,
with
all
that
he
hath
within
shippe-boord
.
[
b
](A14929-e5460-b)
b
Il
consolato
.
cap.
160.
Yea
in
case
any
number
of
the
mariners
would
conspire
to
force
the
Skipper
to
passe
to
any
other
Port
,
than
to
the
which
he
was
fraughted
,
then
may
they
be
accused
criminally
,
and
punished
,
as
for
a
capitall
crime
.
[
c
](A14929-e5470-b)
c
Denmarke
.
And
yet
,
if
a
rebellious
mariner
repent
in
time
,
and
offer
amends
for
a
simple
rebellion
,
and
the
Skipper
notwithstanding
refuse
;
he
may
follow
the
ship
,
and
obtain
his
hire
.
[
d
](A14929-e5490-b)
d
Oleron
.
Mariners
ought
each
one
to
helpe
and
assist
others
on
the
sea
:
or
else
he
that
refuseth
,
loseth
his
hire
;
and
the
oath
of
his
fellowes
shall
be
a
proofe
against
him
.
[
e
](A14929-e5510-b)
e
Eodem
.
Mariners
in
a
strange
Port
,
should
not
leave
the
ship
without
the
masters
licence
,
or
fastning
her
with
foure
●ewes
;
or
else
the
losse
lights
upon
them
.
They
should
also
await
upon
the
ship
untill
she
be
discharged
,
and
ballasted
new
,
[
f
](A14929-e5530-b)
f
Denmark
.
Oleron
.
and
the
tackle
taken
downe
.
And
if
a
mariner
,
in
time
of
loosing
and
lading
,
labour
not
with
the
rest
of
the
company
,
but
goes
idle
and
absents
himselfe
,
he
shall
pay
a
fine
to
the
rest
,
prorata
,
at
the
Masters
discretion
.
[
g
](A14929-e5560-b)
g
Denmark
.
At
least
,
the
halfe
of
the
kippage
or
company
,
ought
in
strange
country
port
or
roade
to
stay
aboord
:
and
the
rest
who
goe
a-land
,
albeit
with
licence
,
should
keepe
sobriety
,
and
abstaine
from
suspected
places
,
or
else
should
be
punished
in
body
and
purse
,
like
as
bee
who
absents
himselfe
when
the
ship
is
ready
to
saile
.
[
h
](A14929-e5580-b)
h
Denmark
.
Yea
,
if
he
give
out
himselfe
for
worthier
than
he
is
in
his
calling
,
he
shall
lose
his
hire
,
halfe
to
the
Admirall
,
and
the
other
half
to
the
master
:
[
i
](A14929-e5590-b)
i
Eodem
.
but
this
especially
ought
to
be
executed
against
an
unworthy
Pilot.
[
k
](A14929-e5600-b)
k
Eodem
.
The
mariner
also
forfets
his
hire
if
the
ship
breake
in
any
part
,
&
he
help
not
with
al
his
diligence
to
save
the
goods
.
[
l
](A14929-e5610-b)
l
Oleron
.
If
it
chance
any
otherwise
than
well
to
the
Master
,
the
mariners
are
then
holden
to
bring
backe
the
ship
to
the
port
from
whence
she
was
fraughted
,
without
delay
,
[
m
](A14929-e5630-b)
m
Eodem
.
except
it
be
otherwise
provided
.
A
mariner
may
carry
as
much
meat
forth
of
the
ship
as
he
may
eate
at
a
meale
,
but
no
drink
.
[
n
](A14929-e5650-b)
n
Eodem
.
A
mariner
may
either
keep
his
portage
in
his
own
hand
,
or
put
forth
the
same
for
fraught
:
and
yet
should
not
the
ship
stay
upon
the
preparation
for
his
portage
.
[
o
](A14929-e5670-b)
o
Eodem
.
So
that
in
case
the
ship
be
fully
laden
before
the
goods
for
his
portage
be
brought
in
,
he
shall
have
the
just
fraught
of
so
much
goods
.
[
p
](A14929-e5680-b)
p
Il
consolato
.
If
a
ship
passe
further
than
the
mariner
was
hired
,
his
hire
should
be
accordingly
augmented
;
except
he
be
hired
,
as
the
French
man
speakes
,
a
mareages
,
mais
non
à
deniers
.
[
q
](A14929-e5710-b)
q
Oleron
.
If
a
Mariner
runne
away
with
his
hire
undeserved
,
he
deserves
the
gallowes
.
[
r
](A14929-e5720-b)
r
Denmark
,
&
Oleron
.
If
a
mariner
be
hired
for
a
simple
mariner
,
and
afterward
in
the
voyage
findes
hiring
tobe
a
Pilot
or
a
Master
,
he
may
passe
with
provision
to
render
his
former
hire
:
even
so
is
it
if
he
mary
.
[
s
](A14929-e5740-b)
s
Eodem
.
Mariners
are
not
onely
holden
to
loose
and
deliver
goods
over-boord
;
but
also
if
no
Porters
nor
Caryers
be
in
those
parts
,
to
carry
the
same
themselves
,
for
such
hire
as
other
workmen
should
have
had
therfore
.
[
t
](A14929-e5760-b)
t
Il
consolato
del
ma●e
.
If
it
happen
a
ship
to
be
prized
for
debt
or
otherwise
to
be
forfeited
,
yet
should
the
mariners
hire
be
paid
;
and
if
she
prosper
,
to
receive
their
pay
in
the
same
money
that
the
fraught
is
paid
with
.
[
u
](A14929-e5780-b)
u
Eodem
.
Lastly
,
a
mariner
should
neither
be
arrested
nor
taken
forth
of
a
ship
making
to
saile
,
for
any
debt
(
but
onely
his
hire
,
and
as
much
other
goods
as
he
hath
in
the
ship
arrested
therefore
,
according
to
the
quantitie
of
the
debt
,
and
the
master
to
be
answerable
for
all
:
[
x
](A14929-e5800-b)
x
Oleron
.
Denmarke
.
Kinror
.
because
the
ship
is
compared
to
a
mans
dwelling
house
;
[
y
](A14929-e5810-b)
y
Bald.
in
l.
certi
iuris
.
loc.
and
by
the
Civill
law
,
a
mans
dwelling
house
is
his
most
sure
refuge
)
[
z
](A14929-e5820-b)
z
l.
nemo
.
de
reg.
iur
.
&
l.
plerunque
.
de
in
ius
voc.
except
for
a
sworne
debt
,
or
a
penalty
to
the
King
through
some
crime
.
TIT.
XII
.
Of
the
Clerke
of
the
ship
.
IN
ships
of
great
bulk
and
burden
,
a
Clerke
is
most
needfull
:
who
being
put
in
by
men
of
chiefe
power
,
and
sworne
solemnly
before
some
Iudge
,
as
the
use
is
in
Italie
(
or
at
least
before
owners
and
mariners
)
that
he
shall
write
nothing
but
the
truth
,
nor
leave
ought
unwritten
;
being
,
I
say
,
so
constitute
,
neither
Merchant
nor
mariner
may
put
in
or
take
out
any
thing
of
the
ship
without
his
knowledge
.
So
that
whatsoever
goods
or
other
thing
shall
happen
through
storme
or
otherwise
,
to
be
cast
,
stollen
,
or
spoyled
,
that
hath
not
beene
presented
or
shewne
to
the
Clerke
,
it
shall
no
way
be
up●set
by
contribution
,
or
any
search
made
therefore
.
And
if
it
come
safe
to
land
,
the
Skipper
may
take
what
fraught
he
likes
therefore
.
Also
the
Clerke
may
take
of
that
which
is
delivered
to
him
,
and
sell
thereof
for
the
ships
need
,
but
must
satisfie
the
owner
thereof
:
for
he
must
be
alwaies
countable
of
his
receits
:
[
a
](A14929-e5870-b)
a
Il
consolato
.
But
howsoever
he
doe
,
he
may
neither
take
in
,
nor
give
forth
goods
by
night
,
but
in
day
light
.
[
b
](A14929-e5880-b)
b
L'
Admirall
de
France
.
Vide
statuta
Ang.
TIT.
XIII
.
Of
a
Pilot
or
Steirsman
.
IF
a
Master
hire
a
Steirsman
not
only
for
to
guide
his
ship
in
through
shalds
or
other
dangers
at
a
time
onely
,
but
also
for
a
whole
voyage
,
and
to
be
ready
therefore
against
a
certaine
day
,
and
he
faile
to
keepe
that
day
,
he
shall
not
onely
pay
Master
and
Merchants
damage
or
stay
,
but
also
the
fraught
that
is
lost
thereby
:
except
sicknes
,
or
some
very
lawfull
excuse
qualifie
it
.
[
a
](A14929-e5940-b)
a
Oleron
,
&
arg
bult
.
ad
l.
rhod
.
A
Steirsman
,
after
the
time
he
hath
brought
the
shippe
in
sure
harbour
,
is
no
further
bound
or
liable
;
for
then
should
the
Master
see
to
her
bed
and
her
lying
,
and
beare
all
the
rest
of
the
burden
,
charge
,
and
danger
:
so
that
if
before
she
come
into
the
Port
or
some
safety
,
eyther
she
or
goods
perish
or
be
spo
led
,
the
Pilot
makes
good
the
same
:
yea
,
if
his
faul●
or
ignorance
be
so
grosse
,
that
the
company
sees
any
manifest
and
present
wracke
to
all
thereby
,
then
may
they
leade
him
to
the
hatches
and
strike
off
his
head
.
[
b
](A14929-e5960-b)
b
Oleron
&
il
consolat
.
Yea
,
if
without
any
seeing
danger
,
certaine
of
the
skilfull'st
mariners
deeme
that
he
is
not
so
skilfull
as
he
set
himselfe
forth
to
be
,
then
shall
he
both
lose
his
hire
,
and
double
the
same
to
the
Admirall
and
Master
,
or
else
passe
thrise
under
the
ships
keil
.
[
c
](A14929-e5970-b)
c
Denmark
.
TIT.
XIV
.
Of
money
lent
to
Sea
,
called
Nauticum
foenus
.
GReat
is
the
difference
,
or
at
least
should
be
betwixt
money
lent
amongst
men
,
to
use
on
land
,
and
that
money
which
is
lent
to
Sea
;
for
this
money
is
called
pecunia
Traiectitia
,
because
that
upon
the
hazard
of
the
lender
it
is
carried
over
Sea
.
So
that
if
the
shippe
perish
,
or
that
all
b●
spoiled
,
the
money
loses
to
the
lender
.
[
a
](A14929-e6030-b)
a
L.
r.
de
foen
.
naut
.
But
on
the
contrary
,
money
on
land
is
delivered
on
the
perill
of
the
borrower
:
so
that
the
profit
of
this
,
is
the
price
of
the
onely
simple
loane
;
therefore
generally
called
usura
:
but
the
profit
of
the
other
loane
is
called
usura
maritima
,
or
soenus
nauticum
,
which
is
not
the
price
of
the
loane
,
but
of
the
hazard
and
danger
which
the
lender
takes
upon
him
during
the
loane
:
[
b
](A14929-e6070-b)
b
L.
periculi
.
eod.
which
is
understood
to
be
to
a
certaine
day
or
voyage
,
or
what-ever
of
time
agreed
upon
.
And
therefore
if
the
money
miscarry
,
eyther
before
the
voyage
begun
,
or
after
the
tearme
appointed
for
the
f●ll
loane
;
then
the
perill
pertaines
to
the
borrower
thereof
,
and
not
to
the
lender
:
[
c
](A14929-e6080-b)
c
Vide
passim
ad
.
ll.
de
foen
.
naut
.
&
ad
.
ll.
naval
.
Rhod.
I
meane
of
perils
proceeding
from
stormes
,
violence
,
spoyle
or
such
like
occasions
,
which
cannot
be
eschued
by
any
diligence
of
the
borrower
;
and
therefore
in
case
the
borrower
imploy
the
lent
money
upon
lawfull
goods
,
or
that
by
his
defrauding
of
the
due
customes
,
the
same
be
confilcat
,
the
lender
is
freed
of
such
hazards
.
[
d
](A14929-e6090-b)
d
Vide
l.
3.
C.
de
foen
.
naut
.
It
is
also
to
be
noted
,
that
mony
lent
upon
the
Sea
,
without
hazard
,
and
yet
with
security
,
should
pay
no
profit
,
suppose
it
were
unbooked
in
the
Clerks
book
with
the
profit
;
contrary
to
that
which
is
lent
on
land
:
[
e
](A14929-e6100-b)
e
Art.
15.
&
16
Leg.
naval
.
so
that
albeit
money
be
lent
within
the
ship
during
the
voyage
,
to
the
need
of
the
company
;
and
if
before
the
day
appointed
for
the
rendring
,
shipwracke
or
spoyle
happen
,
then
should
the
losse
come
in
contribution
betweene
them
;
[
f
](A14929-e6110-b)
f
Art.
17.
eod.
because
if
that
money
had
been
lying
by
the
lender
,
still
unlent
,
it
had
bin
in
common
danger
of
shipwrack
of
spoil
with
the
rest
.
But
if
the
time
appointed
were
past
with
the
hazards
aforesaid
,
then
shall
the
borrower
repay
the
borrowed
money
,
free
from
all
contribution
.
[
g
](A14929-e6120-b)
g
d.
art.
17.
Further
,
in
case
the
borrower
deteines
any
such
lent
mony
as
is
aforesaid
,
beyond
the
terme
appointed
for
the
repaying
,
he
shall
at
his
returne
not
onely
pay
the
profit
agreed
upon
before
the
voyage
,
but
also
augment
the
same
according
to
the
greater
time
,
and
yet
shal
not
pay
the
profit
of
that
first
condition
,
but
onely
after
the
common
rate
.
[
h
](A14929-e6140-b)
h
Art.
18.
eod.
TIT.
XV.
Of
the
Outreaders
,
or
Outriggers
,
Furnishers
,
Hyrers
,
and
of
the
Owners
of
Ships
,
and
of
actions
for
and
against
them
.
IT
is
not
onely
permitted
to
him
who
contracts
with
the
Master
of
a
ship
,
or
that
hath
any
other
action
or
claime
against
him
as
Master
of
the
ship
,
to
pursue
him
;
but
also
the
outreader
,
setter
,
or
exercitor
thereof
,
as
him
who
placed
the
Master
;
and
therefore
ought
to
make
good
the
Masters
deed
and
fact
.
[
a
](A14929-e6190-b)
a
Parag.
exercitor
.
iust
.
de
ob
.
ex
quasi
delic
.
T.
T.
naut
.
coup
.
This
outreader
we
take
to
be
him
to
whom
the
commodity
of
the
ship
[
b
](A14929-e6200-b)
b
eod.
ibid.
redounds
;
so
that
he
may
lay
his
action
upon
any
of
them
;
Ne
in
plures
adversarios
distrahatur
qui
cum
uno
tantum
contraxit
.
[
c
](A14929-e6220-b)
c
d.
l.
1.
2.
&
3.
eod.
But
the
rest
of
the
owners
or
outreaders
shal
relieve
this
man
prorata
▪
of
their
portions
;
except
the
handling
of
the
ship
be
so
severally
divided
amongst
them
:
or
that
the
Master
have
not
his
power
and
commission
of
them
all
:
[
d
](A14929-e6250-b)
d
l.
4
in
prin.
eod.
or
that
the
master
have
obliged
himselfe
beyond
his
commission
;
as
if
he
have
taken
on
money
to
mend
the
ship
,
when
as
she
needs
it
not
:
or
that
he
have
no
commission
at
all
;
in
which
case
the
lender
hath
to
blame
his
owne
folly
:
for
by
the
common
rule
of
Law
,
men
should
know
well
the
persons
and
their
conditions
,
with
whom
they
have
to
bargaine
.
[
e
](A14929-e6260-b)
e
d.
l.
1.
&
l.
qui
cum
ali●
de
reg.
iur
.
And
yet
in
case
evident
need
be
of
mending
,
and
money
be
lent
thereto
;
suppose
the
Master
should
spend
it
otherwise
,
yet
ought
the
outreader
to
satisfie
the
creditor
.
[
f
](A14929-e6270-b)
f
l.
ult
▪
de
exer.
act
.
But
above
all
,
that
money
which
is
lent
for
victuals
to
the
ships
company
,
should
be
repayed
,
as
preferd
before
all
other
sort
of
debts
.
[
ff
](A14929-e6280-b)
ff
Per
l.
interdum
.
cum
seq.
Qui
p●tior
in
pig
.
But
a
Merchant
contracting
with
a
Mariner
that
is
not
a
Master
,
shall
have
no
action
against
the
outreader
,
except
for
a
fault
done
by
the
Mariner
,
specially
,
if
he
hath
beene
hyred
and
put
in
by
the
outreader
.
Againe
,
albeit
by
the
common
law
of
the
Sea
the
outreaders
may
not
pursue
persons
obliged
to
the
Skipper
,
yet
are
they
permitted
to
pursue
upon
the
Masters
contract
,
as
they
had
bin
contracters
principall
;
[
g
](A14929-e6300-b)
g
Passim
.
d.
l.
1.
because
in
such
dealings
he
sustaines
the
out●●aders
person
:
and
because
of
the
great
common-wealth
that
is
Procured
by
this
kinde
of
traffique
,
[
h
](A14929-e6310-b)
h
d.
l.
1.
parag
.
10.
worthily
such
priviledges
to
the
outreaders
and
exercers
of
shipping
are
granted
.
And
yet
is
not
the
Master
alwaies
bound
to
satisfie
all
counts
to
the
outreaders
:
specially
,
in
case
it
happen
some
passengers
to
be
Non
solvendo
,
the
Master
is
nor
holden
to
pay
for
them
,
because
it
becomes
not
the
Master
,
in
the
acceptation
of
Passengers
,
to
search
out
so
narrowly
their
meanes
and
ability
.
[
i
](A14929-e6330-b)
i
l.
2.
sect.
6.
〈◊〉
l.
Rhod.
And
againe
,
the
outreader
is
not
holden
alwayes
to
answer
for
the
Masters
sloath
,
but
for
his
owne
selfe
.
[
k
](A14929-e6350-b)
k
Oleron
.
TIT.
XVI
.
Of
sundry
Partners
of
Ships
,
and
their
discords
.
MOreover
,
concerning
the
owners
of
the
ship
,
in
case
they
cannot
agree
amongst
themselves
to
remaine
in
Partnership
;
seeing
by
the
law
they
cannot
be
constrained
thereunto
:
[
a
](A14929-e6400-b)
a
l.
fin
.
C.
prosocio
.
&
pass
.
inst.
&
D.
eod.
yea
,
not
albeit
a
Paction
had
bin
made
never
to
sunder
;
[
b
](A14929-e6410-b)
b
L.
in
hoc
parag
.
si
conveniat
.
pro
soc
.
then
is
there
many
considerations
required
in
their
sundring
.
And
first
,
if
their
common
Ship
or
Cray
be
put
in
building
;
or
that
she
be
but
presently
bought
:
in
these
cases
it
is
thought
convenient
,
that
she
shall
be
imployed
one
voyage
first
,
upon
the
common
outread
and
hazard
,
before
any
of
these
Partners
be
heard
to
sunder
&
discharge
their
part
.
And
after
that
,
if
they
cannot
agree
,
he
who
desires
to
be
free
,
should
offer
to
the
rest
,
and
set
his
part
on
such
a
price
,
as
hee
will
eyther
hold
or
sell
,
which
if
he
will
not
doe
,
and
yet
refuses
to
outread
with
the
rest
,
then
may
the
rest
rigge
forth
the
ship
at
their
owne
charges
,
and
also
upon
the
hazard
of
the
wilfull
refuser
,
so
farre
as
his
part
extends
,
without
any
count
to
him
of
any
deale
or
part
of
profit
at
her
returne
:
[
c
](A14929-e6420-b)
c
Denmark
.
cum
ll.
hic
seq.
but
they
must
bee
bound
to
him
to
bring
her
home
safe
,
or
the
value
of
his
part
.
And
justly
;
because
that
,
as
shippes
were
inven●ed
in
common
,
for
the
use
of
all
men
;
even
of
them
that
dwell
in
the
mountaines
,
as
on
the
coasts
of
the
sea
:
[
d
](A14929-e6440-b)
d
l.
arboribus
parag
.
naves
de
usufr.
so
were
they
ordained
and
builded
for
sayling
,
and
not
to
lye
idle
and
unoccupied
.
[
e
](A14929-e6450-b)
e
Glossa
in
l.
si
navis
.
&
iuris
.
in
l.
utique
para
.
culp●
de
r●iundic
.
&
l.
arborib
.
parag
navi●
.
de
usufruct
.
But
if
the
persons
,
who
have
most
part
of
the
ship
,
refuse
to
abide
in
partnership
with
him
who
hath
a
small
part
,
that
neither
hee
can
sell
his
part
at
that
price
,
without
great
losse
,
nor
yet
is
able
for
povertie
to
attaine
to
their
parts
,
then
are
they
all
bound
to
put
the
ship
to
an
appraisement
.
[
f
](A14929-e6460-b)
f
consolato
.
Otherwise
,
the
scoffe
which
Casselius
,
a
Romane
lawyer
,
used
against
two
wilful
partners
of
a
ship
,
may
also
be
used
against
such
:
that
is
to
say
,
while
they
asked
him
by
what
way
they
might
divide
and
part
their
ship
,
Casselius
answerd
;
If
ye
divide
her
,
then
neither
of
you
shall
have
her
.
[
g
](A14929-e6490-b)
g
Maerobius
lib.
2.
c.
6.
And
if
for
lacke
and
want
of
buyers
in
that
place
,
the
poore
partner
can
neither
eschew
the
oppression
of
the
richer
,
nor
yet
the
rich
satisfie
the
poor
man
,
perchance
also
wilfull
;
then
may
the
Iudge
ordinary
deale
and
decree
in
this
case
,
as
he
may
In
omnibus
alijs
bonae
fidei
actionibus
:
that
is
to
say
,
consider
all
the
circumstances
of
the
persons
,
their
motions
,
the
matter
of
their
debate
,
with
all
the
merits
thereof
,
and
make
up
a
full
consideration
of
all
together
,
that
every
man
may
obtain
and
receive
his
own
due
right
.
[
h
](A14929-e6520-b)
h
Secundum
citata
,
&
Secundum
.
l.
bona
fides
.
Deposit
.
TIT.
XVII
.
Of
Casting
of
goods
in
a
voyage
,
and
the
like
;
and
of
Contribution
to
be
made
therefore
.
COncerning
contribution
or
scott
and
lot
,
as
we
speake
,
it
is
ordinary
:
and
first
,
it
is
practised
upon
shippes
so
stormestead
that
for
reliefe
of
lives
and
goods
,
casting
of
goods
must
be
made
:
In
that
case
the
master
shall
consult
with
the
mariners
:
who
if
they
consent
not
,
&
yet
the
storm
and
danger
continue
,
then
may
the
master
cast
some
goods
notwithstanding
:
[
a
](A14929-e6570-b)
a
Oleron
.
But
if
the
merchant
be
present
,
let
him
begin
to
cast
,
[
b
](A14929-e6580-b)
b
Il
consolato
.
next
the
mariners
:
but
if
the
mariner
keep
back
any
part
that
should
be
cast
,
to
his
own
use
,
he
shal
render
the
double
.
[
c
](A14929-e6590-b)
c
Art
3●
.
Il
maval
.
select
.
But
when
afterward
the
master
shall
come
to
land
,
he
must
with
the
most
part
of
his
company
sweare
that
he
did
cast
goods
for
no
other
cause
but
for
the
safety
of
shippe
,
goods
,
and
lives
[
d
](A14929-e6610-b)
d
Oleron
.
Secondly
,
when
goods
are
cast
,
they
shall
be
upset
and
compensed
by
a
contribution
of
Ship
and
such
goods
as
are
safe
thereby
:
[
e
](A14929-e6620-b)
e
l.
1.
&
2.
ad
l.
rhod
.
and
not
onely
of
goods
paying
fraught
and
burdensome
,
but
of
cloathing
,
money
,
jewels
,
and
such
like
,
[
f
](A14929-e6630-b)
f
d.
l.
2.
&
oleron
which
are
not
weighty
.
For
,
it
is
most
righteous
,
that
the
losse
be
common
to
all
things
which
are
safe
thereby
.
[
g
](A14929-e6650-b)
g
eod.
Except
things
borne
upon
a
mans
body
,
victuals
and
such
like
,
put
in
ship
to
be
spended
,
and
therfore
should
not
scott
and
lott
,
with
other
goods
:
in
so
much
,
that
when
they
become
scant
and
wanting
,
each
man
is
bound
to
communicate
the
same
one
to
other
.
[
h
](A14929-e6660-b)
h
d.
l.
2.
But
here
it
may
be
asked
,
whether
yet
should
all
kinde
of
cast
goods
,
be
up-set
and
made
good
by
contribution
,
as
for
example
,
the
goods
transported
above
the
overlap
,
and
goods
forbidden
to
be
transported
[
i
](A14929-e6680-b)
i
l.
17.
&c.
130
actor
.
Iacob
.
3.
Sure
,
if
such
goods
happen
to
be
the
cause
of
any
scathe
and
danger
,
the
master
who
received
the
same
within
his
ship
,
shall
beare
the
losse
and
also
be
criminally
pursued
therefore
.
[
k
](A14929-e6690-b)
k
Arg.
l
Vnie
.
C.
ne
quid
oner
.
public
.
But
if
goods
unadvisedly
,
without
consent
of
the
owner
thereof
,
be
cast
out
,
on
the
sudden
;
then
may
he
himselfe
upon
his
conscience
esteeme
his
owne
goods
to
the
just
worth
,
because
the
company
hath
that
way
by
their
rash
dealing
,
lost
the
priviledge
they
had
to
estimate
that
goods
.
[
l
](A14929-e6710-b)
l
Per.
l.
si
fide
.
iussor
.
D.
qui
satisd
.
cog
.
In
like
manner
the
ship
geare
and
apparell
wracked
by
storme
,
imports
no
more
contribution
,
then
if
a
workman
breake
or
spoyle
his
work-tooles
,
or
instruments
in
his
ordinary
work
,
[
m
](A14929-e6730-b)
m
d.
l.
2
&
l.
navis
eod
.
except
in
the
avoyding
of
a
danger
,
as
the
helving
the
maste
over-boord
,
[
n
](A14929-e6740-b)
n
l.
amissae
.
eod.
&
Oleron
.
or
the
slipping
of
a
Tow-anchor
or
boate
upon
just
fea●●
,
or
at
the
desire
of
the
Mercha●ts
.
[
o
](A14929-e6750-b)
o
d.
l.
1.
&
il
consol
.
del
.
mar
.
But
that
should
be
alwayes
proved
by
the
oaths
of
the
ship-men
:
for
concerning
all
facts
within
house
or
ship
,
credit
must
be
given
to
the
domesticks
and
company
familiar
.
[
p
](A14929-e6760-b)
p
Per.
l.
conse●su
.
C.
de
repud
:
&
l.
qu●ties
.
C.
de
naufrag
.
&c.
veniens
.
extr.
de
testib
.
&c.
2.
de
pr●bat
.
Also
if
goods
be
put
in
without
the
master
and
clerks
knowledge
;
if
they
be
cast
,
they
shall
have
no
contribution
.
[
q
](A14929-e6770-b)
q
Il
consolato
del
mar
.
TIT.
18.
Of
contribution
for
Pirates
.
IF
ship
or
goods
be
redeemed
from
a
Pirate
,
contribution
shall
be
made
therefore
,
by
all
;
because
the
redemption
is
made
for
the
safety
of
all
.
But
if
the
Pirate
be
once
Master
of
all
,
and
yet
take
but
some
speciall
goods
,
whether
from
ship
or
Merchant
,
and
not
as
a
contentation
for
the
sparing
of
the
rest
,
it
should
appeare
in
this
case
,
that
seeing
the
remnant
is
not
safe
hereby
,
but
freely
spared
,
that
no
contribution
should
be
made
for
the
taken
goods
.
For
oftentimes
Pirats
take
but
things
at
their
pleasure
,
and
not
of
minde
to
spoyle
.
[
a
](A14929-e6820-b)
a
Vide
lat●
.
l.
2.
ad
l.
rhod
.
Yet
now
adayes
because
this
chance
of
taking
at
pleasure
,
concernes
(
in
common
judgement
)
the
rest
of
the
goods
as
subject
to
that
same
pleasure
of
the
Pirat
;
therefore
should
it
be
also
in
common
upset
by
all
to
whom
that
chance
is
common
.
TIT.
XIX
.
Of
contribution
for
spoyled
and
spilt
goods
.
IF
through
the
losing
of
any
cast
goods
,
or
upon
any
needfull
occasion
,
the
remaining
goods
be
spoyled
either
with
wet
,
or
otherwayes
;
a
contribution
shall
be
made
,
proportionable
for
so
much
as
they
are
made
worse
.
[
a
](A14929-e6870-b)
a
Vide
l.
navis
4.
ad
.
l.
rhod
.
TIT.
XX.
Of
contribution
for
lightning
and
disburdening
of
ships
for
their
easier
entry
to
the
Port
,
and
for
other
chances
.
IF
it
be
needfull
to
lighten
a
ship
of
her
burden
,
for
her
easier
entry
to
Port
or
channell
,
the
two
parts
of
the
losse
fall
upon
the
goods
,
and
the
third
part
on
the
ship
;
except
that
the
shippe
surpasse
in
worth
the
loading
,
or
that
the
charge
of
goods
bee
not
the
cause
of
her
inability
to
enter
,
but
some
bad
quality
proceeding
of
the
ship
it selfe
:
[
a
](A14929-e6920-b)
a
Oleron
.
Or
that
otherwayes
it
be
provided
in
the
charter-partie
,
that
the
goods
shall
be
fully
delivered
at
the
Port
covenanted
and
appointed
;
for
then
condition
makes
law
:
[
b
](A14929-e6930-b)
b
L.
1.
verse
quod
convenit
.
depos
.
In
which
case
it
is
to
be
also
observed
,
that
if
by
occasion
of
lightning
,
the
goods
which
are
put
in
the
boat
or
Lighter
,
perish
,
the
ship
and
remaining
goods
in
ship
shall
upset
the
same
.
But
on
the
contrary
,
if
the
ship
and
remaining
goods
perish
after
the
Lighter
is
once
safe
,
no
contribution
shall
be
set
upon
the
goods
in
the
Lighter
:
because
the
rule
is
constant
,
that
onely
then
should
goods
be
liable
to
contributions
,
when
ship
and
goods
come
safe
to
Port.
[
c
](A14929-e6940-b)
c
d.
l.
navis
.
&
l.
amissae
ad
l.
rhod
.
Item
,
contribution
should
be
for
the
Pilots
fee
,
that
is
taken
in
to
guide
her
into
an
unknowne
Port
;
[
d
](A14929-e6960-b)
d
Oleron
.
as
also
to
raise
the
Ship
off
ground
when
the
fault
is
not
in
the
Master
.
[
e
](A14929-e6970-b)
e
Eod.
Even
so
if
two
ships
rush
and
crosse
one
over
another
,
and
the
company
sweare
their
innocencie
,
as
that
it
lay
not
in
their
power
to
stay
the
same
,
contribution
must
be
made
for
one
equall
upset
of
both
their
losses
.
[
f
](A14929-e6990-b)
f
eod.
&
l.
quemadmodum
.
parag
.
si
navis
ad
.
l.
Aquil.
But
not
so
if
one
of
them
perish
;
because
of
that
mishap
,
there
can
be
no
due
proportion
of
the
losse
:
for
if
it
were
otherwise
,
a
malitious
Skipper
,
might
of
purpose
set
an
old
weake
ship
against
a
strong
ship
,
in
hope
of
some
upset
and
recompence
.
And
yet
for
redresse
of
the
lost
shippe
,
an
action
may
be
to
the
owner
,
against
the
negligent
Master
,
or
the
Mariner
who
losed
her
,
or
cut
her
cable
:
[
g
](A14929-e7000-b)
g
d.
l.
quemadmodum
.
parag
.
si
navis
ad
.
l.
Aquil
which
action
is
called
Legis
Aquiliae
,
for
dammage
and
scathe
done
.
And
therefore
if
such
a
chance
befall
in
the
day
light
,
by
a
ship
under
saile
against
a
ship
riding
at
anchor
,
then
the
Master
of
that
sailing
ship
,
shall
make
good
the
dammage
or
scathe
of
the
other
,
to
the
extremity
:
and
the
like
shall
be
done
,
if
in
the
night
the
riding
ship
hold
fire
and
light
forth
,
or
make
any
crying
to
forewarn
the
other
.
It
also
pertaines
to
this
argument
,
[
h
](A14929-e7030-b)
h
Art.
3.
6.
11
▪
naval
.
rhod
.
if
some
sort
of
goods
,
as
salt
,
or
corne
,
be
laid
on
heap
by
divers
partners
,
into
a
shippe
without
distinction
,
and
that
the
Master
deliver
to
any
of
them
their
due
measure
,
and
before
the
rest
receive
their
measures
,
the
remaining
salt
or
corne
,
washes
or
looses
,
he
that
had
the
good
luck
to
be
first
served
,
enjoyes
it
fully
without
any
contribution
to
the
rest
of
the
partners
:
(
i
)
because
when
this
goods
was
put
into
the
ship
,
it
was
delivered
to
the
master
,
tanquam
in
creditum
;
and
so
he
is
become
owner
,
as
of
lent
money
:
which
men
are
not
holden
to
render
in
the
selfe
same
pieces
,
but
in
value
or
such
like
coyne
;
[
k
](A14929-e7050-b)
k
Iust.
in
pr.
qu●b
.
mod.
re
contrab
.
ob
.
●e
.
l.
2.
si
cert
.
peti
.
except
[
l
](A14929-e7060-b)
l
quod
convenit
de
verb.
ob
.
there
be
some
other
condition
past
before
:
which
in
all
affaires
maketh
law
.
Neither
can
this
be
imputed
for
any
fault
to
the
master
,
because
of
necessity
he
behooveth
to
make
delivery
to
one
,
first
,
before
another
.
[
m
](A14929-e7070-b)
m
Vidd
.
l.
in
menave
.
TIT.
XXI
.
Of
the
common
manner
of
contribution
,
and
execution
thereof
.
IN
setting
of
contribution
or
rates
,
things
must
be
estimate
in
manner
following
.
First
,
the
goods
cast
,
spoiled
,
or
reft
;
to
the
price
they
cost
,
if
their
chances
did
happen
before
midde
voyage
:
but
if
after
the
midde
voyage
,
then
to
the
price
,
the
rest
of
the
same
goods
attaine
to
at
the
market
;
because
there
is
here
a
consideration
,
rather
of
losse
and
scathe
than
of
any
gaine
.
[
a
](A14929-e7130-b)
a
l.
2.
in
fin
.
ad
l.
rhod
.
&
il
consolato
.
And
because
domage
and
losse
should
be
drawne
as
it
were
in
streite
,
and
gaine
and
vantage
spredde
forth
and
extend
,
according
to
Harmenopolus
sentence
;
spoyled
and
lost
goods
should
bee
set
to
the
common
worth
,
and
not
after
mens
affections
:
[
b
](A14929-e7150-b)
b
d.
l.
navis
&
l.
pretia
.
ubi
bartol
.
ut
ad
.
l.
7.
C.
de
prog
.
milit●r
.
lib.
12.
except
onely
in
goods
unadvisedly
cast
:
wherein
for
the
correction
of
the
rashnesse
of
the
casters
(
as
who
thereby
appeare
to
have
amitted
their
owne
priuiledge
)
the
estimation
of
the
goods
is
permitted
to
the
conscience
of
the
Merchant
or
owner
therof
.
(
[
c
](A14929-e7160-b)
c
Per.
l.
si
●ideiussor
.
Qu●
.
satisd
.
cog
.
Vide
supratit
.
17.
Secondly
,
concerning
the
Persons
,
whose
losses
are
under
contribution
,
he
should
first
deale
with
the
master
,
to
retaine
all
the
same
goods
on
the
bottome
of
the
ship
,
in
his
keeping
,
untill
the
rate
be
set
and
executed
:
[
d
](A14929-e7190-b)
d
l.
2
ad
l.
rhod
.
or
else
may
omit
all
other
persons
,
and
pursue
the
Skipper
ex
conducto
:
which
also
ceases
,
if
the
cast
goods
be
found
againe
.
[
e
](A14929-e7210-b)
e
d.
l.
2.
in
fin
.
Lastly
,
concerning
the
Master
of
the
Ship
his
priviledge
,
it
is
not
onely
upon
the
detinew
,
and
keeping
of
the
goods
and
geere
brought
within
his
ship
,
which
are
thought
as
by
a
privie
band
to
be
obliged
and
given
him
in
pledge
for
the
fraught
,
by
common
consent
of
lawyers
,
but
also
for
the
due
and
timely
satisfaction
of
such
contributions
;
because
the
imposed
taxation
,
as
likewise
the
fraught
,
is
thought
to
sticke
firmely
to
the
said
goods
:
and
therefore
the
Master
may
hold
his
hand
thereon
,
untill
satisfaction
be
made
,
[
f
](A14929-e7230-b)
f
l.
1.
de
dol.
mal
.
excep
.
&
l.
si
non
sortem
.
de
cond.
in
de
.
albeit
that
commonly
the
with-holding
of
other
mens
good
be
not
allowed
.
[
g
](A14929-e7240-b)
g
l.
1.
parag
,
rediguntur
.
D.
quod
vi
●ut
clam
.
TIT.
XXII
.
Of
priviledged
ships
.
SHips
or
boats
serving
the
Country
,
or
the
Prince
,
have
great
prerogatives
.
For
first
they
goe
free
from
all
Imposts
,
Customs
,
and
Arrestments
,
[
a
](A14929-e7290-b)
a
l.
1.
de
navicul
.
c.
lib.
11.
not
onely
in
forth-going
,
but
also
in
their
returne
,
according
to
Fredericke
the
Emperour
his
constitution
.
[
b
](A14929-e7310-b)
b
Auth.
〈◊〉
filiu●
pre
patre
.
Yet
if
a
Skipper
serving
the
Prince
or
Countrey
,
wilfully
falles
on
coastes
and
by-courses
where
he
should
not
,
to
their
hurt
and
hinderance
,
he
merits
death
:
[
c
](A14929-e7320-b)
c
l.
5.
de
navicular
.
C.
lib.
11.
and
the
commanders
or
officers
in
chiefe
parts
,
who
wittingly
suffer
such
Skippers
to
lye
and
slugger
,
incurre
a
forfeiture
of
all
their
goods
.
[
d
](A14929-e7330-b)
d
l.
ult.
eod.
And
if
any
man
shal
force
the
Skipper
of
these
or
any
other
ships
to
take
in
more
than
his
just
charge
,
not
onely
should
he
upset
all
hurt
and
losse
,
but
also
be
publikely
punished
.
[
e
](A14929-e7350-b)
e
Art.
49.
Il.
selectar
.
naval
.
And
as
these
are
the
conditions
of
ships
serving
the
Prince
;
so
is
it
to
be
knowne
that
all
sorts
of
ships
are
subject
to
this
service
,
upon
command
:
[
f
](A14929-e7370-b)
f
Vide
Tit.
de
navib
.
non
excusand
.
C.
otherwise
in
case
they
refuse
,
their
ships
shall
be
confiscat
,
except
they
report
a
testimony
from
the
Admirall
of
very
lawfull
excuse
[
g
](A14929-e7380-b)
g
de
offic.
admir
.
Ang.
Yea
,
further
is
to
be
noted
,
that
Masters
of
ships
and
Ferriers
once
so
professed
,
are
bound
to
serve
as
well
subjects
in
common
,
as
the
Prince
;
[
h
](A14929-e7400-b)
h
Albericus
ad
tit
.
naut
.
caup
.
&
in
l.
unic
.
furt
.
adver
▪
naut
.
caup
.
except
they
have
left
the
trade
,
or
be
under
a
safe
conduct
,
or
have
taken
in
moe
,
then
they
can
well
carry
a
ship-board
.
[
i
](A14929-e7410-b)
i
Bart.
&
Bald.
in
d.
l.
unic
.
And
this
is
a
common
priviledge
to
all
sort
of
loaded
and
burdened
ships
,
to
have
the
neerest
place
to
the
shore
,
for
their
discharge
and
unloading
;
and
therefore
the
ships
lightened
,
to
give
them
place
.
[
k
](A14929-e7430-b)
k
Wis●i●
c.
10.
Lastly
,
even
the
persons
who
build
,
purchase
,
or
dresse
shippes
expresly
for
a
common-wealth
to
their
.
Country
,
are
accounted
amongst
the
priviledged
:
[
l
](A14929-e7450-b)
l
Qui
navium
de
privileg
.
creditorum
.
yea
the
frequenters
of
sayling
are
also
priviledged
in
all
Courts
.
[
m
](A14929-e7460-b)
m
C.
Innocentius
.
de
for
.
comp.
TIT.
XXIII
.
Concerning
Shipwracke
.
STrangers
incurring
shipwracke
in
Scotland
,
should
have
the
same
favour
of
us
that
we
use
to
receive
of
them
in
the
like
case
;
[
a
](A14929-e7520-b)
a
138.
actor
.
Iacob
.
1.
so
that
no
confiscation
should
be
used
against
them
,
except
they
use
to
doe
so
to
us
,
or
that
they
be
very
Pirats
,
or
enemies
to
Christianity
:
[
b
](A14929-e7530-b)
b
L.
1.
C.
de
naufrag
.
&
auth.
naufragia
,
C.
de
furt
.
otherwise
,
who
steals
any
such
miserable
goods
,
shall
pay
foure-fold
to
the
owner
,
if
he
be
pursued
within
a
yeere
and
a
day
;
[
c
](A14929-e7540-b)
c
l.
1.
in
pr.
de
incend
.
ruin
.
l.
in
eum
cum
auth.
seq.
de
furt
.
and
as
much
to
the
Prince
or
his
Admirall
:
yea
,
the
onely
stealing
of
a
naile
,
or
the
worth
thereof
,
maketh
the
thiefe
guilty
of
all
,
to
the
rendring
of
all
the
remaining
goods
.
[
d
](A14929-e7550-b)
d
l.
3.
in
fin
.
de
incend
ru
.
nauf
.
Yea
,
by
the
Emperour
Antonius
his
ordinance
,
this
thiefe
or
robber
of
such
goods
should
be
battoned
,
and
banisht
for
three
yeares
,
if
he
be
of
any
honest
ranke
;
but
if
he
be
base
of
condition
,
should
be
sent
scourged
to
the
Gallies
or
metall
mines
.
[
e
](A14929-e7580-b)
e
l.
Pedius
4.
eod.
And
if
any
man
should
be
so
cruelly
wicked
,
as
to
hinder
the
ship-broken
men
from
helpe
in
danger
,
hee
shall
be
recounted
for
a
murtherer
.
[
f
](A14929-e7600-b)
f
Arg.
l.
Sacc●larij
de
extraord
.
crim
.
And
therefore
may
no
man
hinder
ships
from
forthlaying
of
Tews
&
Anchors
upon
land
:
[
*
](A14929-e7620-b)
*
Gaius
l.
5.
de
rer
.
divis
.
as
was
decided
betwixt
Couper
and
Seagy
,
Anno
1498.
mense
Iulij
,
[
g
](A14929-e7650-b)
g
Tom.
1.
regis●
.
Scot.
In
like
manner
,
if
any
man
should
be
so
accursed
as
to
hold
forth
a
Lanterne
in
the
night
,
of
intention
to
draw
on
ships
to
a
danger
,
in
place
of
a
good
port
or
harbour
or
safe
roade
,
that
wicked
person
should
be
punished
to
the
death
.
[
h
](A14929-e7670-b)
h
Per
d.
arg.
l
Saccula
.
●i
.
Yea
,
though
no
harme
happen
,
yet
may
the
Admirall
punish
him
at
his
pleasure
:
[
i
](A14929-e7690-b)
i
Per
l.
10.
de
incend
.
ruin
.
nauf
.
And
therefore
even
Fishers
are
forbidden
to
fish
with
light
in
the
night
,
lest
that
Sailers
thereby
be
deceined
with
the
false
shew
of
an
harbour
.
[
ii
](A14929-e7700-b)
ii
l.
ne
piscatores
eod
.
But
for
the
better
eschuing
of
these
cruell
evils
,
Hadrian
the
Emperour
ordained
,
that
all
men
having
possessions
on
the
coasts
,
should
attend
carefully
upon
such
chances
;
otherwise
,
to
be
answerable
for
al
things
missing
by
stealth
or
robbery
.
[
k
](A14929-e7730-b)
k
l.
ne
quid
eod
.
&
auth.
naufragia
.
C.
de
furt
.
Item
,
if
no
man
in
due
time
claime
such
a
wracke
,
it
fell
of
old
to
the
Prince
his
customers
,
according
to
that
of
Hermogenes
and
Fortunatianus
,
[
l
](A14929-e7770-b)
l
m.
Cod.
Theodo
.
Naufragia
ad
publicanos
pertinento
;
but
now-adayes
to
the
Admirall
,
by
the
Princes
graunt
.
But
concerning
the
action
for
shipwracke
,
it
should
be
intended
within
a
yeere
and
a
day
,
[
m
](A14929-e7800-b)
m
l.
si
quis
.
C.
de
naufrag
.
lib
11.
and
sped
by
the
Iudge
within
two
yeere
.
[
n
](A14929-e7810-b)
n
Vide
l.
de
Submersis
.
eod.
Where
it
is
to
be
marked
,
that
if
the
shippe
onely
perish
and
the
goods
are
safe
,
in
that
case
the
goods
shall
pay
the
fift
or
the
tenth
penny
;
according
to
the
easie
or
difficult
winning
and
saving
of
the
said
goods
;
[
o
](A14929-e7830-b)
o
Art.
37.
leg
.
naval
.
Rhod.
for
gold
,
silk
,
silver
,
&
such
like
things
of
easie
transportation
,
should
pay
lesse
than
goods
of
greater
weight
and
difficult
transporting
,
as
being
in
greater
hazard
:
[
p
](A14929-e7840-b)
p
Art.
40.
eod.
except
the
Skipper
carry-in
his
ship
to
a
port
or
part
where
hee
should
not
,
nor
the
Merchant
would
not
;
for
then
is
the
Merchant
free
of
all
the
Skippers
losse
,
[
q
](A14929-e7850-b)
q
Art.
39.
eod.
and
no
way
should
upset
the
spoyled
or
broken
ship
.
[
r
](A14929-e7860-b)
r
Art
37.
eod.
But
in
cases
of
wracke
,
the
lawes
of
England
are
also
to
be
seene
:
as
,
Westm.
1.
3.
E.
1.
vid.
praerog
.
regis
12.
TIT.
XXIV
.
Of
things
found
upon
the
Sea
,
or
within
the
floud-marke
.
SHips
,
goods
,
or
geare
,
or
whatsoever
other
things
found
within
the
Sea
or
floud
thereof
,
are
of
three
sorts
:
as
,
either
found
on
the
streame
floting
,
and
then
are
called
Floatson
:
or
found
on
the
Sea
bottom
,
and
drawne
up
from
the
same
by
Doukers
and
other
meanes
;
and
then
are
called
Lagon
:
or
found
on
land
,
but
within
the
Sea-floud
,
as
cast
forth
there
by
storme
and
the
water
;
and
then
are
called
Ierson
.
Concerning
Floatson
and
Ie●son
,
whether
things
be
cast
up
by
shipwrack
,
or
else
left
as
lost
through
casting
in
stormes
,
the
finders
thereof
,
as
some
Lawyers
thinke
,
[
a
](A14929-e7950-b)
a
Faber
&
alij
inst.
de
rer
.
divis
.
sect.
pen
.
should
doe
therewith
,
as
with
other
goods
found
upon
land
:
that
is
,
to
proclaime
the
same
to
be
forth-comming
to
the
just
owner
;
because
the
loser
or
●ynner
of
such
goods
remaineth
still
owner
and
proprietar
thereof
:
[
b
](A14929-e7960-b)
b
per
l.
Pomponius
.
parag
.
fin
.
de
acquir
.
rer
.
dom.
and
if
no
man
claime
,
the
finder
to
keepe
it
to
himselfe
if
he
be
poore
.
[
c
](A14929-e7970-b)
c
Faber
.
d.
parag
.
pen
.
But
according
to
the
old
Rhodian
law
,
whether
the
finder
be
rich
or
poore
,
he
may
claime
or
rather
retaine
the
fift
part
,
for
the
safe
keeping
[
d
](A14929-e7980-b)
d
Art.
45.
&
46
Il.
nava●
.
Rhod.
If
a
Douker
finde
drowned
goods
upon
eight
cubits
deepe
,
hee
gaines
the
third
part
;
and
if
on
fifteene
cubits
,
then
he
obtaines
the
halfe
;
but
upon
one
cubite
,
onely
the
tenth
part
.
[
e
](A14929-e7990-b)
e
dd
.
art.
Yet
if
the
finder
be
rich
,
and
hath
found
goods
by
chance
,
hee
should
rather
give
it
to
the
Church
or
poore
,
as
some
say
.
[
f
](A14929-e8010-b)
f
Auth.
omnes
peregrini
communio
de
successionib
.
But
now-adayes
this
goeth
farre
otherwise
;
first
,
because
persons
endued
with
the
superiority
or
signiory
of
any
part
of
the
Sea-coast
,
do
claime
all
or
a
part
of
these
things
,
whether
cast
forth
of
ships
,
or
otherwise
comming
upon
their
land
,
[
g
](A14929-e8030-b)
g
Oleron
.
which
otherwise
before
was
allowed
to
the
finder
:
[
h
](A14929-e8040-b)
h
Eod
,
Even
so
,
when
shippes
or
boats
were
found
on
the
sea
,
or
at
the
coast
thereof
,
without
any
living
creature
therin
,
and
no
man
claiming
the
same
for
the
space
of
a
yeere
and
a
day
,
then
was
the
halfe
allowed
to
the
finder
,
and
the
remanent
to
the
Prince
,
as
a
derelict
:
[
i
](A14929-e8060-b)
i
Vide
statu
.
regis
Alex.
Scot
but
since
the
erection
and
constitution
of
Admiralls
,
this
kinde
of
found
goods
are
diversly
par●ed
;
for
in
France
,
the
King
,
draweth
a
third
,
the
Admirall
a
third
,
and
the
finder
a
third
.
[
k
](A14929-e8080-b)
k
L'
Admirall
de
France
.
And
of
old
,
in
England
,
although
such
things
were
divided
twixt
the
Admirall
and
the
finder
,
[
l
](A14929-e8100-b)
l
Vide
de
off
.
Adm.
Ang●
.
yet
now
they
are
left
to
the
arbitrement
of
both
Admirals
in
England
and
Scotland
,
to
consider
the
finder
or
taker
with
a
condigne
portion
,
for
his
travels
,
charges
,
and
hazard
in
all
circumstances
;
[
m
](A14929-e8130-b)
m
Per
diplomata
.
even
with
the
halfe
at
least
,
according
to
that
which
Tryphonius
sets
downe
,
concerning
things
found
on
land
.
[
n
](A14929-e8150-b)
n
l.
Si
is
qui.
63.
in
fin
.
de
acq
.
rer
.
dom.
Yet
,
if
the
finder
conceale
such
goods
,
whether
anchors
,
timber
,
jewels
,
dead-men
with
money
or
jewels
about
them
,
&c.
he
not
onely
loseth
his
just
part
,
but
may
be
also
fined
at
the
will
of
the
Admirall
.
[
o
](A14929-e8160-b)
o
L'
Admiral
de
France
.
&
d.
depl
.
And
thus
farre
concerning
things
found
by
the
labour
and
travels
of
men
.
If
Whales
,
great
grosse
fishes
,
ships
,
or
boats
,
without
any
living
in
them
,
by
force
of
winde
and
waves
onely
,
be
driven
to
any
coast
or
land
,
then
all
and
whole
appertaines
to
the
Admirall
:
and
so
generally
,
all
casualties
whatsoever
.
[
p
](A14929-e8180-b)
p
Per
dd
.
diplo
.
&
de
off
.
Adm.
TIT.
XXV
.
Of
things
taken
upon
Sea
.
NOw
followeth
to
treat
of
goods
taken
upon
Sea
;
which
are
of
three
sorts
:
for
either
they
are
taken
from
Pirats
,
and
sea-thiefes
;
or
from
professed
enemies
in
lawfull
warfare
;
or
from
such
as
not
professing
open
warre
,
allowes
taking
reft
to
be
exercised
against
us
.
Which
kinde
of
taking
,
is
covered
with
the
title
of
letters
of
Marque
,
called
Ius
represaliarum
.
And
first
,
touching
that
which
is
taken
from
Pirats
,
sith
the
goods
which
they
have
wrongfully
taken
from
others
,
whether
they
be
found
in
their
owne
,
or
in
their
successors
possession
,
are
esteemed
to
bee
a
just
prey
to
any
taker
,
so
that
account
be
made
thereof
to
the
Admirall
:
in
case
the
taker
finde
the
goods
of
his
country
man
or
friend
with
the
Pirat
,
hee
should
make
the
same
forth-comming
to
the
just
owner
claiming
the
same
;
his
cost
,
charges
and
hazard
,
being
alwaies
considered
and
allowed
;
[
a
](A14929-e8250-b)
a
Per
l.
Pomponius
de
acq
.
rei
dom.
so
that
if
any
man
buy
or
redeeme
his
neighbours
ship
from
a
Pirat
or
enemy
,
hee
must
receive
the
price
thereof
from
the
owner
.
[
b
](A14929-e8260-b)
b
Per
l.
mulier
.
de
cap.
&
post
.
But
if
no
man
claime
the
goods
taken
from
a
Pirat
,
then
should
the
same
be
delivered
to
the
Admirall
,
who
ought
to
consider
the
taker
with
his
due
part
thereof
.
If
a
ship
or
goods
be
taken
by
a
professed
enemy
,
who
hath
not
brought
it
in
praesidia
vel
locum
tutum
,
for
the
making
of
a
prescription
;
or
a
right
,
and
afterward
the
same
is
taken
back
,
and
recovered
by
any
friend
,
and
the
just
owner
claime
the
same
,
it
ought
to
be
restored
to
the
owner
;
for
that
by
the
law
,
Huiusmodi
res
non
tam
capta
quàm
recepta
intelligitur
.
[
c
](A14929-e8300-b)
c
Per
d.
l.
Pomponius
,
&
per
l.
in
bello
.
parag
.
si
quis
seruum
in
pr●ae
capt.
&
post
.
But
when
such
goods
become
a
just
and
lawfull
prize
to
the
taker
,
then
should
the
Admirall
have
a
tenth
part
:
for
so
of
old
,
the
tenth
part
of
lawfull
spoile
,
was
offered
to
God
,
in
a
manner
;
as
we
may
learne
by
that
which
Abraham
returning
from
victory
over
five
Kings
,
offered
to
Melchisedeck
:
[
d
](A14929-e8330-b)
d
Gen.
14.
and
the
remnant
of
the
spoile
should
be
proportionally
divided
amongst
the
takers
,
according
to
the
law
of
God
,
set
downe
by
Moses
,
[
e
](A14929-e8350-b)
e
Deu.
20.
and
practised
by
King
David
;
[
f
](A14929-e8370-b)
f
1
Reg.
30
,
and
yet
not
onely
amongst
severall
persons
,
according
to
every
man
his
proved
travell
and
hazard
.
[
g
](A14929-e8380-b)
g
c.
dicat
aliquis
parag.
23.
q.
5.
&c.
ius
milita
.
re
dist.
1.
So
that
the
ship
that
sets
no
saile
,
fights
not
,
nor
hazards
not
with
the
rest
,
should
have
no
part
with
the
rest
,
thereof
.
[
h
](A14929-e8390-b)
h
L'
Admirall
de
France
.
Provided
alwaies
,
that
first
and
formost
,
the
prisoners
,
captives
,
and
taken
goods
of
preyes
,
be
in
due
time
presented
to
the
Captaine
,
to
be
disposed
by
the
Admirall
:
so
that
if
any
man
breake
bulk
,
meddle
,
or
dispose
of
any
of
those
goods
before
,
he
may
be
punished
,
and
the
receiver
or
buyer
prisoned
,
untill
caution
bee
found
,
that
these
goods
shall
be
forth-comming
to
the
Admirall
,
and
just
owner
,
according
to
a
decision
past
betwixt
the
King
of
Scotland
and
Maubray
,
Anno
1487.
17.
Iunij
.
[
i
](A14929-e8430-b)
i
Tom.
1.
c.
24.
●●gist
.
Scot.
If
two
forraine
Nations
be
at
warre
,
and
the
one
take
a
shippe
from
the
other
,
and
bring
her
into
a
Port
or
road
within
the
bounds
of
a
neutrall
Nation
,
alike
friend
to
both
,
then
may
the
Admirall
of
that
neutrall
Nation
ordaine
that
ship
so
taken
and
brought
within
the
said
bounds
,
to
be
restored
to
her
owner
;
and
the
persons
captives
,
to
their
former
liberty
,
even
as
if
she
had
beene
brought
backe
to
her
owne
Port
and
Countrey
againe
.
[
k
](A14929-e8450-b)
k
Per.
l.
postliminium
.
parag
.
postliminio
.
de
.
cap.
&
postlim
.
Besides
that
,
generally
in
all
cases
,
the
action
and
cause
of
liberty
,
as
priviledged
,
should
be
favourably
considered
:
[
l
](A14929-e8470-b)
l
Per
l.
libertas
.
de
reg.
iur
.
and
it
is
the
honourable
practice
of
Princes
,
to
make
their
Countreyes
an
Asylum
,
or
sanctuary
,
to
all
distressed
strangers
that
bee
not
Pirats
.
Lastly
,
concerning
letters
of
Merque
,
as
we
speake
,
or
droict
de
Merque
,
as
Frenchmen
tearme
it
,
sive
ius
represaliarum
,
and
goods
and
things
taken
under
that
title
upon
sea
;
surely
,
as
farre
as
we
may
,
we
should
prease
to
keepe
Gods
law
set
downe
by
Moses
,
[
m
](A14929-e8530-b)
m
Deut.
14.
16.
practised
by
King
Amasia
,
[
n
](A14929-e8550-b)
n
2
Reg
14.
6.
&
2
Chr.
25.
4.
and
confirmed
by
the
Prophets
:
[
o
](A14929-e8560-b)
o
Ier.
29.
3.
Ezech.
18.
20.
that
the
father
should
not
be
punished
for
the
sonne
,
nor
the
sonne
for
the
father
,
but
a
difference
to
be
alwaies
put
betwixt
the
guilty
and
the
innocent
.
Which
thing
moved
Emperours
to
make
constitutions
for
the
repressing
of
represalies
in
certaine
respects
.
[
p
](A14929-e8570-b)
p
Vide
an●hent
.
imo
.
C.
ne
filiu●
pro
patre
.
Notwithstanding
,
if
our
patience
be
so
oppressed
with
the
increase
of
robberies
,
spoyles
,
and
violence
upon
sea
,
by
men
falsely
professing
friends
,
in
such
sort
that
upon
no
supplication
,
intercession
,
nor
other
travels
,
the
Princes
of
these
wrongfull
Nations
(
who
onely
can
and
should
represse
and
redresse
)
will
doe
justice
,
or
neglect
to
doe
their
office
;
then
because
such
a
dealing
imports
a
iust
cause
of
lawfull
hostility
and
warfare
,
I
see
not
but
that
such
a
calamity
may
and
ought
to
be
repressed
,
at
least
by
these
represalies
and
letters
of
Merque
;
[
q
](A14929-e8590-b)
q
Vide
Bartol
.
latè
de
represal
.
specially
,
sith
that
cause
,
in
effect
,
resembles
a
warre
denounced
without
solemnities
of
clarigation
.
And
therefore
,
both
according
to
the
lawes
of
England
,
letters
of
Merque
are
allowable
;
and
according
to
the
old
custome
of
Scotland
;
and
the
tenor
of
the
Act
of
Parliament
made
by
Iames
the
first
of
Scotland
,
[
r
](A14929-e8650-b)
r
●
.
131.
actor
.
concerning
shipwracke
,
to
be
followed
for
a
rule
to
such
cursed
cases
,
that
is
to
say
,
that
other
Nations
should
have
the
like
favour
of
us
,
that
they
shew
to
us
.
Now
being
agreed
that
letters
of
Merque
are
lawfull
,
as
they
are
by
statutes
,
customes
and
reason
,
specially
upon
a
matter
of
great
importance
,
and
after
a
due
warning
,
intimation
,
and
one
requisition
;
so
that
it
be
done
by
the
Prince
,
and
solemnly
:
[
s
](A14929-e8670-b)
s
Per
gloss
.
in
c
episcopus
.
18.
dist.
&
DD.
in
c.
si
contra
.
&c.
1.
de
milite
vasallo
qui
contumax
.
then
what
goods
happen
to
be
taken
by
that
meanes
,
should
bee
brought
and
presented
as
aforesaid
before
the
Admirall
;
[
t
](A14929-e8680-b)
t
Per
l.
si
quis
in
servitute
.
de
furt
.
&
l.
ait
praetor
.
parag
.
si
debitorem
.
Quae
infraud
.
cred.
that
a
just
Inventary
may
be
taken
thereof
,
for
divers
good
respects
.
TIT.
XXVI
.
Of
Fishers
,
fishing
,
and
traffiquers
therewith
.
ALbeit
hunting
,
hawking
,
and
fishing
,
be
of
one
kinde
,
as
subject
to
a
like
law
and
liberty
,
[
a
](A14929-e8740-b)
a
l.
1.
in
fin
.
de
acq
.
rer
.
●om
.
&
parag
ferae
insti
.
de
rer
.
divis
.
because
what
wilde
beast
,
fowle
,
or
fish
be
once
taken
by
any
man
,
commonly
it
becommeth
his
owne
proper
by
the
lawes
of
Nations
;
yet
is
there
a
difference
twixt
these
three
:
for
,
albeit
hunting
and
hawking
be
almost
every
where
lawfull
,
yet
fishing
is
forbidden
in
other
mens
ponds
,
stanks
and
lakes
,
[
b
](A14929-e8750-b)
b
l.
iniuriorum
13.
parag
.
fin
.
in
fin
.
de
iniur
.
Iacob
.
3.
act
60.
&
Iacob
.
5.
p.
4.
cap.
12.
as
comparable
with
the●t
.
Yea
,
now
a-daies
,
in
rivers
,
and
in
parts
of
the
Seas
neerest
to
the
possessions
of
men
having
grant
and
infeftment
from
the
King
,
may
fishing
be
forbidden
,
but
no
private
man
,
without
the
grant
of
the
Prince
,
upon
any
pretence
,
or
allegation
of
long
consuetude
and
prescription
,
may
acquire
the
propriety
of
any
such
part
of
the
sea
,
as
to
prohibite
others
to
fish
there
also
;
[
c
](A14929-e8770-b)
c
l.
prascrip
de
usucap
.
for
such
prescriptions
onely
pertaine
to
Princes
.
To
returne
to
the
quality
of
fishing
;
sith
it
is
not
onely
allowable
to
all
sorts
of
persons
,
[
d
](A14929-e8790-b)
d
c.
1.
&
2.
de
cler.
venat
.
&c.
1.
in
cleric
.
&
mon.
but
also
commendable
,
and
alwaies
to
be
preferred
to
all
other
trades
and
traffiques
upon
sea
,
not
onely
for
necessaries
,
but
also
for
the
great
good
and
profit
redounding
thereby
;
all
ciuill
and
vertuous
Princes
have
diversly
forthshowne
their
care
,
for
the
entertaining
and
advancing
thereof
:
as
,
by
ordinances
to
build
shippes
and
boats
to
that
purpose
;
[
e
](A14929-e8800-b)
e
Vide
late
.
act.
parl.
Scot.
and
by
their
wise
appointing
of
certaine
onely
times
for
the
fishing
,
as
namely
,
of
Salmon
,
under
paines
not
onely
of
Fynes
,
but
also
of
forfeitures
,
and
of
death
,
according
to
the
manner
of
the
offence
,
and
contempt
of
their
decrees
and
statutes
.
[
f
](A14929-e8810-b)
f
Vide
statuta
,
&
constit
.
&
act.
regum
Franc.
Angl.
&
Scotiae
.
Which
Princes
also
(
for
the
increase
of
fishes
)
have
,
as
it
were
with
common
consent
,
forbidden
the
making
,
setting
,
and
using
of
crowes
,
yarrs
,
dammes
,
fosses
,
tramelets
,
parkings
,
dyking
and
herrywaters
,
in
any
waters
[
g
](A14929-e8820-b)
g
Vide
statut
.
Angl.
&
Scot.
&
l'
Admir
.
de
France
.
where
the
sea
ebbes
and
flowes
,
under
paine
of
confiscation
of
all
the
goods
of
the
transgressors
in
Scotland
.
[
h
](A14929-e8840-b)
h
Iac.
6.
parl.
6.
cap.
89.
Yea
,
albeit
that
any
man
were
of
old
infefted
with
keeping
of
crwiffes
,
weares
,
and
kiddles
,
&c.
yet
must
he
keepe
the
Saturdaies
slop
:
that
is
,
to
lift
the
same
from
Saturday
at
after-noone
till
Monday
;
and
also
to
make
each
heck
or
mesh
of
his
crwiffe
three
inches
wide
,
[
i
](A14929-e8860-b)
i
Iac.
1.
p.
1.
c
11.
Iac.
6.
p.
7.
c.
11.
except
for
taking
of
smelts
,
loches
,
and
such
like
that
will
neuer
be
bigger
:
as
also
,
for
to
set
the
same
upon
the
waters
,
that
the
mid-streame
may
have
the
iust
space
of
sixe
foot
wide
,
under
the
paine
of
five
pound
.
[
m
](A14929-e8870-b)
m
Iac
3.
p.
10.
cap.
73
And
thus
farre
concerning
the
maintenance
and
increase
of
fishes
,
by
our
Scottish
lawes
and
custome
.
It
followeth
,
to
set
downe
concerning
the
Fishers
their
safety
and
priviledges
.
Wherin
it
is
provided
,
first
,
that
all
Shippes
sayling
into
the
parts
where
Herring
are
taken
,
at
least
during
the
taking
thereof
,
shall
let
downe
●aile
after
day
light
past
,
let
their
Anchor
fall
,
and
keepe
watch
with
Lanterne
and
light
,
untill
day
light
appeare
again
,
lest
otherwise
the
poor
Fishers
should
be
over-run
,
or
their
nets
broken
:
their
paine
in
Denmarke
,
is
death
to
the
transgressors
:
[
n
](A14929-e8890-b)
n
Denmarke
.
and
the
Fishers
are
likewise
forbidden
to
use
light
in
their
fishing
by
night
,
lest
they
deceive
saylers
with
the
false
shew
of
a
port
.
[
nn
](A14929-e8900-b)
nn
Vlpian
in
l.
ne
pifcatores
de
incend
.
●ui
.
naufr
.
Likewise
,
lest
any
of
the
Fishers
harme
or
hurt
one
another
,
it
is
diversly
provided
,
as
also
concerning
the
right
measure
of
their
nets
in
length
&
in
bredth
;
[
o
](A14929-e8920-b)
o
Vide
l'
Admirall
de
Franc.
as
may
be
seen
by
the
Statutes
of
sundry
nations
Vid
statuta
Angliae
.
And
specially
therfore
it
is
agreed
of
long
time
sithence
,
by
the
Sea-farers
on
the
Forth
of
Scotland
;
[
p
](A14929-e8960-b)
p
Vide
Forman
his
Register
.
first
,
that
no
ground-draffe
or
drag-net
,
be
set
before
March
,
nor
upon
deeper
water
then
fourteene
fathome
.
Item
,
that
none
shall
lye
to
their
neighbours
when
he
shall
be
asked
concerning
the
length
and
depth
of
his
tewe
,
when
he
is
in
driving
:
neither
yet
wittingly
and
wilfully
to
suffer
his
tewes
and
nets
to
flit
,
and
runne
over
one
another
,
under
the
paine
of
ten
pound
for
every
transgression
of
the
premised
articles
.
Item
,
above
all
,
that
from
the
Sun-set
on
Sonday
,
no
man
lay
nor
hale
nets
or
great
lines
,
or
exercise
any
labour
,
under
the
foresaid
paine
.
Item
,
for
the
further
incouraging
of
Fishers
in
the
West
and
North
Isles
of
Scotland
,
there
is
a
Statute
that
no
other
customes
be
sought
of
the
Fishers
in
the
said
I●es
,
but
only
the
Kings
customes
;
under
the
paines
due
to
manifest
oppressors
against
them
who
exact
the
same
.
[
q
](A14929-e9010-b)
q
Mar.
p.
6.
c.
5●
Lastly
,
concerning
Fishers
and
traffiquers
with
fishes
,
it
is
ordained
that
not
onely
all
fish
slaine
and
taken
neere
to
the
coast
of
Scotland
,
be
brought
and
presented
to
the
market
places
,
where
the
takers
or
slayers
thereof
dwell
:
[
r
](A14929-e9040-b)
r
Iacob
.
5.
p.
9.
c.
98.
but
also
all
fishes
taken
in
the
North
and
West
Isles
or
Firths
,
to
be
brought
directly
to
the
townes
where
the
Fishers
dwell
(
that
the
need
of
the
countrey
may
be
first
served
)
[
s
](A14929-e9050-b)
s
Iac.
6
p.
4.
c.
●0
.
and
presented
to
the
market
places
:
from
which
none
may
carry
them
away
to
packe
and
peil
,
but
onely
betwixt
the
houres
of
eleven
and
two
in
the
afternoone
,
under
the
paine
of
confiscation
.
In
which
markets
,
it
is
lawfull
to
the
Provost
&
Bail●ffes
to
set
downe
prices
,
and
to
compell
the
packer
and
peiler
to
sell
againe
for
the
need
of
the
Lieges
.
[
t
](A14929-e9060-b)
t
Iac.
5.
p.
7.
c.
98
Which
being
done
,
they
may
transport
the
remainder
where
they
please
.
[
u
](A14929-e9070-b)
u
Iac.
6.
p
4.
c.
60
And
in
case
they
contemne
,
then
their
fishes
to
be
eschete
,
two
parts
to
the
King
,
and
the
third
to
the
Magistrate
▪
[
x
](A14929-e9080-b)
x
Iac.
6.
p.
6.
c.
86
Likewise
,
concerning
the
barrelling
of
fishes
,
it
is
ordained
that
the
measures
prescribed
of
old
shall
be
kept
:
videlicet
,
each
barrell
of
Herring
,
or
of
white
fish
,
to
be
of
twelve
galons
;
[
y
](A14929-e9110-b)
y
Iac.
5.
p.
4.
c.
57
Iac.
6
p.
4.
c.
147.
and
the
barrell
of
Salmon
of
fourteene
galons
,
according
to
the
measure
of
Hamburg
,
[
z
](A14929-e9130-b)
z
Iac.
3.
p.
10.
c.
●76
.
under
the
paines
of
escheting
there
of
from
the
pa●ker
,
and
of
five
pound
to
be
lifted
from
the
Couper
.
[
a
](A14929-e9140-b)
a
Iac.
3
p.
10
c.
76.
And
therefore
hoop
irons
to
be
made
in
each
towne
,
for
the
tryall
and
gaging
thereof
[
b
](A14929-e9150-b)
b
Iac.
3.
p.
14.
c.
100.
Vid.
statuta
Angliae
.
Tit.
of
fishing
;
in
the
Abridgements
.
TIT.
XXVII
.
Of
the
Community
and
Propriety
of
the
Seas
.
HAving
of
late
seene
and
perused
a
very
learned
,
but
a
subtle
Treatise
(
incerto
authore
)
intituled
Mare
liberum
,
containing
in
effect
a
plaine
Proclamation
of
a
liberty
common
for
all
of
all
Nations
,
to
fish
indifferently
on
all
kinde
of
Seas
,
and
consequently
,
a
turning
of
undoubted
proprieties
to
a
community
;
as
the
fift
chapter
thereof
at
large
discovers
(
wherein
the
unknowne
Authour
protesteth
,
that
he
may
for
his
warrant
use
the
authority
and
words
of
such
old
Writers
as
have
beene
esteemed
most
mighty
in
the
understanding
and
judging
upon
the
naturall
condition
of
things
here
below
)
and
the
Discourse
,
being
covered
with
the
maintenance
of
a
liberty
to
saile
to
the
Indians
;
I
thought
alwaies
expedient
by
occasion
of
this
argument
of
fishing
contained
in
my
former
Title
,
by
Gods
grace
,
to
occurre
thereunto
;
as
manifestly
direct
,
at
least
(
in
my
weake
sight
)
tending
to
the
prejudice
of
my
most
worthy
Prince
and
his
subjects
;
and
that
not
onely
by
arguments
derived
from
the
first
verity
of
the
nature
of
things
,
but
also
from
his
owne
proofs
,
warrants
,
and
their
Authors
.
And
yet
before
I
goe
any
further
,
I
cannot
passe
the
Authour
his
ridiculous
pretence
,
in
both
Epistle
and
beginning
of
his
Discourse
;
as
for
a
liberty
onely
to
saile
on
Seas
:
a
thing
farre
off
from
all
controversie
,
at
least
upon
the
Ocean
;
specially
,
since
passage
upon
land
through
all
Regions
Christian
,
is
this
day
so
indifferently
permitted
to
all
of
all
Nations
,
even
to
Turkes
,
Iewes
,
Pagans
,
not
being
professed
enemies
;
and
therfore
much
lesse
to
be
restrained
on
Sea
in
all
respects
.
So
that
I
cannot
but
perswade
both
my selfe
,
and
other
loyall
subjects
,
that
the
said
pretence
is
but
a
very
pretence
;
and
so
much
the
more
to
be
suspected
as
a
drift
against
our
undoubted
right
and
propriety
of
fishing
on
this
side
the
Seas
.
Now
remembring
the
first
ground
,
whereby
the
Authour
would
make
Mare
I●herum
,
to
be
a
position
fortified
by
the
opinions
and
sayings
of
some
old
Poets
,
Orators
,
Philosophers
,
and
(
wrested
)
Iurisconsults
,
that
Land
and
Sea
,
by
the
first
condition
of
nature
,
hath
beene
and
should
be
common
to
all
,
and
proper
to
none
:
against
this
I
minde
to
use
no
other
reason
,
but
a
simple
and
orderly
reciting
of
the
words
of
the
holy
Spirit
,
concerning
that
first
condition
naturall
of
Land
and
Sea
from
the
very
beginning
;
at
which
time
,
God
having
made
and
so
carefully
toward
man
disposed
the
foure
Elements
,
two
to
swimme
above
his
head
,
and
two
to
lye
under
his
feet
:
that
is
to
say
,
the
Earth
and
Water
,
both
wonderfully
for
that
effect
ordered
to
the
up-making
of
one
and
a
perfect
Globe
,
for
their
more
mutuall
service
to
mans
use
:
according
to
this
,
immediately
after
the
creation
,
God
saith
to
man
,
[
a
](A14929-e9260-b)
a
Genes.
1.
28.
Subdue
the
earth
,
and
rule
over
the
fish
:
which
could
not
be
,
but
by
a
subduing
of
the
waters
also
.
And
againe
,
after
the
Floud
,
God
saith
,
Replenish
the
earth
:
[
b
](A14929-e9300-b)
b
eod.
c.
9.
v.
1.
and
for
the
better
performance
hereof
,
God
in
his
justice
against
the
building
of
Babylon
,
scattred
man-kinde
over
all
the
face
of
the
earth
;
[
c
](A14929-e9310-b)
c
eod
c.
11.
v
8.
therefore
is
it
that
Moses
saith
,
[
d
](A14929-e9330-b)
d
eod.
c.
10
v.
5.
These
are
the
Iles
of
the
Nations
divided
in
their
lands
.
So
that
hereby
is
evident
that
things
here
done
,
are
not
so
naturally
too
common
;
sith
God
the
author
of
nature
,
is
also
as
well
author
of
the
division
,
as
of
the
composition
:
and
yet
howsoeuer
,
in
his
justice
as
is
said
,
yet
in
his
mercy
also
and
indulgent
care
,
for
the
welfare
and
peace
of
mankinde
.
For
those
are
sentences
both
vulgar
and
sure
,
set
downe
by
the
Romane
Iurisconsults
,
[
e
](A14929-e9350-b)
e
Vlp.
l
qui
neque
.
de
reb
eor
.
quisub
●utel
.
Communio
parit
discordiam
.
Quod
communiter
possidetur
,
vitio
naturali
negligitur
.
Habet
communio
rerum
gerendarum
difficultatem
.
[
f
](A14929-e9370-b)
f
l.
pa●er
.
parag
.
duluss●●iè
de
leg.
2.
Afterward
,
the
earth
,
by
the
infinite
multiplication
of
mankinde
,
being
largely
replenished
,
and
therefore
of
necessity
thus
divided
▪
and
things
upon
the
earth
not
sufficient
for
the
necessaries
and
desires
of
man
in
every
region
,
followed
of
force
the
use
of
trading
vpon
the
seas
;
not
onely
for
the
ruling
of
the
fish
therein
,
according
to
the
commandement
given
by
the
Creator
at
the
beginning
,
but
also
for
transporting
of
things
necessary
for
the
use
of
man
.
For
the
which
,
and
other
causes
above
mentioned
,
the
waters
became
divisible
,
and
requiring
a
partition
in
like
manner
with
the
earth
;
according
to
that
of
Baldus
:
Videmus
,
de
iure
gentium
,
in
mare
esse
regna
distincta
,
sicut
in
terra
arida
.
[
g
](A14929-e9400-b)
g
Ad
legem
1
▪
de
rer
.
divis
.
And
thus
farre
have
we
learned
,
concerning
the
community
and
propriety
of
land
and
sea
,
by
him
who
is
the
great
Creator
and
authour
of
all
;
and
therefore
of
greater
authority
and
understanding
then
all
the
Grecian
and
Romane
Writers
,
Poets
,
Orators
,
Philosophers
,
and
Iurisconsults
,
who-so-ever
famous
:
whom
the
author
of
Mare
liberum
protests
he
may
use
and
leane
●o
without
offence
.
Now
,
sith
the
weaknesse
of
this
his
first
and
principal
ground
doth
this
way
appeare
;
let
any
man
judge
upon
the
truth
of
that
which
Cicero
(
his
man
)
sets
down
,
[
g
](A14929-e9450-b)
g
1.
officior
.
Sunt
privata
natur
a
nulla
;
and
likewise
of
all
other
his
authors
their
opinions
,
for
the
fortification
of
an
originall
community
of
things
.
It
followeth
to
examine
the
chiefe
warrants
of
Mare
liberum
;
and
to
consider
how
farre
they
may
beare
forth
to
a
common
liberty
for
fishing
,
on
all
seas
indifferently
.
The
author
cites
Vlpian
,
a
renowned
Iurisconsult
indeed
,
and
Martian
their
sentences
;
alleaging
[
h
](A14929-e9520-b)
h
pagina
25.
that
Vlpian
should
say
,
[
i
](A14929-e9540-b)
i
l.
iniuriarum
.
parag
.
ult.
&
parag
.
si
quis
de
in
iur
.
Ante
aedes
meas
aut
praetorium
ut
piscari
aliquem
prohibeam
,
usurpatum
quidem
est
,
sed
nullo
iure
,
adeo
ut
contempta
ea
usurpatione
,
iniuriarum
agere
potest
.
sz
.
prohibitus
.
That
is
to
say
,
if
I
should
forbid
any
man
to
fish
before
my
house
,
he
may
mis-know
such
an
usurpation
,
and
intend
action
of
injury
against
me
,
for
a
wrongfull
staying
him
from
fishing
there
.
But
as
I
read
,
[
k
](A14929-e9570-b)
k
d.
p●rag
.
si
quis
.
Vlpian
his
words
are
thus
;
Sunt
qui
putant
iniuriarum
me
agere
posse
:
that
is
,
there
are
men
who
thinke
,
I
may
intend
action
,
&c.
It
is
true
also
,
that
Martian
saith
,
Nemo
ad
littus
piscandi
causa
accedere
prohibetur
.
[
l
](A14929-e9620-b)
l
l.
4.
de
.
rer
.
divis
.
And
yet
neither
of
these
two
Iurisconsults
,
pronounceth
absolutely
in
these
cases
,
but
upon
another
higher
warrant
:
and
therefore
Vlpian
addes
,
Saepissime
rescriptum
est
n●c
piscari
,
&c.
prohibere
posse
.
[
m
](A14929-e9650-b)
m
d.
parag
.
si
quis
in
fin
.
That
is
,
it
is
by
writ
most
often
answered
,
&c.
Which
Martian
expounds
most
clearely
,
when
he
saith
,
Nemo
igitur
ad
littus
maris
piscandi
causa
accedere
prohibetur
;
and
subjoynes
his
warrant
,
Idque
Divus
Pius
piscatoribus
Formianis
rescripsit
:
[
n
](A14929-e9690-b)
n
d.
l
●
.
de
rer
▪
divis
.
that
is
,
No
man
is
forbidden
to
come
to
the
sea
side
and
fish
;
as
the
Emperour
Divus
Pius
did
write
to
the
Fishers
of
Formian
.
So
that
you
see
the
Emperours
to
have
been
warrants
to
these
Lawyers
,
and
their
written
opinions
,
concerning
the
voyage
of
the
sea
.
Now
,
to
passe
the
propriety
which
hereby
we
see
these
Emperours
did
claime
on
the
seas
,
I
aske
first
,
to
whom
did
the
Emperours
write
such
resolutions
?
was
it
not
to
the
professed
subjects
of
their
owne
Empire
?
and
what
?
even
the
usage
of
the
seas
,
and
coasts
of
their
Empire
,
to
be
indifferently
common
to
every
one
of
their
own
subjects
:
and
how
?
Iure
gentium
;
that
is
,
according
to
the
law
kept
by
all
other
nations
,
to
every
one
of
their
own
nation
in
like
cases
.
Moreover
,
albeit
these
and
other
Romane
Lawyers
pronounce
so
,
concerning
the
community
of
the
sea-shoare
,
and
coast
,
that
private
men
may
build
houses
within
the
floud-marke
,
and
appropriate
them
to
themselves
,
according
to
that
which
Neratius
writes
,
Quod
in
littore
quis
aedificat
,
eius
fit
:
[
o
](A14929-e9760-b)
o
l.
quod
in
littore
.
de
aeq
.
rer
.
dom.
that
is
,
what
a
man
builds
on
shoare
,
it
becommeth
his
owne
;
yet
upon
this
condition
,
Tamen
decretum
praetoris
adhibendum
est
ut
id
facere
liceat
,
saith
Pomponius
:
[
p
](A14929-e9790-b)
p
l.
quamvis
.
de
acq
.
rer
dom.
that
is
,
providing
the
Praetor
his
decree
be
interponed
thereunto
;
or
that
the
Prince
give
grant
,
as
Vlpian
writes
;
[
q
](A14929-e9810-b)
q
l.
prohibere
.
parag
quod
et
si
.
Quod
vi
aut
elam
.
Vel
ut
princeps
concedat
.
As
for
the
remnant
of
these
sorts
of
warrants
alledged
for
Mare
liberum
,
sith
they
sing
all
one
song
for
the
common
use
to
the
people
,
and
propriety
to
the
Prince
,
if
men
will
but
onely
marke
them
;
I
need
not
stay
further
upon
them
.
So
that
every
man
may
see
both
the
use
of
the
word
commune
,
and
the
meaning
of
Iure
gentium
among
these
Lawiers
,
whereupon
this
Mare
liberum
appeares
so
to
be
founded
,
that
it
cannot
be
shaken
.
For
,
commune
,
there
is
nothing
else
but
publieum
,
q●asi
populicum
;
signifying
a
thing
common
for
the
usage
of
any
of
one
sort
of
people
,
and
not
for
all
of
all
nations
:
according
to
that
of
Modestinus
,
Roma
communis
patria
est
.
[
r
](A14929-e9900-b)
r
l.
Roma
.
ad
municipal
.
Neither
yet
doth
that
word
,
Iure
gentium
,
meane
any
law
set
downe
by
common
consent
of
all
nations
;
but
onely
notes
the
example
of
the
law
,
or
custome
of
other
nations
:
as
if
they
would
say
,
the
liberty
of
fishing
on
our
seas
,
and
of
other
doing
there
and
at
shoare
,
should
be
common
to
every
one
of
the
Romane
Empire
,
like
as
the
same
is
common
to
all
of
all
other
nations
,
on
their
seas
,
and
their
shoares
.
Likewise
,
that
of
Placentinus
;
Quod
mare
sit
in
nullius
bonis
,
nisi
solius
dei
:
that
is
,
GOD
is
onely
Lord
of
the
sea
;
and
so
say
we
with
King
David
,
that
the
land
also
is
the
Lords
.
[
s
](A14929-e9960-b)
s
Psalme
.
But
that
of
Faber
,
[
t
](A14929-e9980-b)
t
Ad
parag
.
littorum
inst.
de
rer
.
divis
.
Mare
esse
in
primaevo
iure
quo
omnia
erant
communia
,
I
need
no
otherwise
to
refute
now
,
than
I
have
done
above
already
.
And
these
are
the
Authors
and
warrants
whereupon
Mare
liberum
inferres
his
conclusion
;
Demonstratum
igit
ur
nec
populo
,
nec
privato
ius
aliquod
in
mare
competere
posse
,
quum
occupationem
,
nec
natura
,
nec
publici
usus
ratio
permittat
.
[
u
](A14929-e10030-b)
u
Pag.
28.
Which
,
how
it
followeth
upon
the
premisses
,
let
men
judge
;
sith
neither
these
his
Authors
make
for
him
,
neither
yet
the
reason
inserted
in
the
conclusion
beares
out
;
which
is
,
quum
occupationem
nec
natura
,
nec
publici
usus
ratio
permittat
:
that
is
,
neither
nature
,
nor
the
common
need
,
suffers
the
sea
to
be
acquired
in
property
to
any
occupation
.
For
answer
,
first
concerning
the
nature
of
the
sea
,
as
supposed
impossibly
occupable
or
acquirable
;
Is
this
so
thought
because
the
sea
is
not
so
solid
,
as
is
the
land
,
that
men
may
trade
thereon
,
as
upon
land
?
or
that
it
is
continually
flowing
to
a●d
fro
?
Surely
,
that
lacke
of
solidity
for
man
his
trading
thereon
by
foot
,
shall
not
hinder
the
solid
possession
of
it
,
farre
lesse
the
occupation
and
acquiring
,
if
we
will
give
to
the
sea
,
that
which
the
Iurisconsults
indulgently
grant
to
the
land
,
which
also
cannot
be
denied
.
Paulus
the
Iurisconsult
saith
,
[
x
](A14929-e10070-b)
x
In
l.
possideri
.
de
acquir
.
poss
.
Qui
fundum
possidere
velit
,
non
utique
omnes
glebas
eius
circumambulet
,
sed
sufficit
quamlibet
partem
eius
introire
,
dum
mente
&
cogitatione
hac
sit
ut
totum
possidere
velit
usque
ad
terminum
:
that
is
,
it
is
not
needfull
for
him
who
would
possesse
himselfe
in
any
part
of
the
land
,
to
goe
about
and
tread
over
the
same
;
but
it
is
sufficient
to
enter-in
upon
any
thereof
,
with
a
mind
to
possesse
all
the
rest
thereof
,
even
to
the
due
marches
.
And
what
can
stay
this
to
be
done
on
sea
,
as
well
as
on
land
?
And
thus
farre
concerning
the
solidity
.
As
for
the
flowing
condition
of
the
sea
,
howsoever
it
be
liquid
,
fluid
,
and
unstable
,
in
the
particles
thereof
,
yet
in
the
whole
body
,
it
is
not
so
:
because
it
keepes
the
prescribed
bounds
strictly
enough
,
Which
discourse
,
gives
us
occasion
of
force
to
answere
to
a
scoffe
cast
in
by
the
Author
of
Mare
liberum
,
concerning
the
possibility
also
of
marches
and
limits
,
for
the
division
of
the
seas
:
[
y
](A14929-e10130-b)
y
Pag.
38.
Mundum
dividunt
(
saith
the
fore●aid
Authour
of
Mare
liberum
)
non
ullis
limitibus
,
aut
natura
,
aut
manupositis
,
●ed
imaginaria
quadam
linea
:
quod
si
recipitur
,
&
Geometrae
terras
,
&
Astronomi
coelum
nobis
eripient
:
that
is
,
they
divide
the
world
,
not
by
any
marches
,
put
either
by
nature
,
or
by
the
hand
of
man
,
but
by
an
imaginary
or
fantastick
line
:
which
kinde
of
doing
being
embraced
,
the
Geometers
may
steale
away
the
earth
,
and
the
Astronomers
the
heavens
from
us
.
It
is
true
,
that
there
are
not
in
every
part
of
the
sea
Iles
sensible
(
as
Gernsey
is
to
England
in
the
narrow
seas
)
or
sands
(
as
the
Washes
at
the
West
seas
of
England
)
nor
rockes
,
or
other
eminent
and
visible
markes
above
water
,
for
the
designation
of
the
bounds
(
or
laying-out
the
limits
)
of
the
divisible
parts
thereof
:
but
GOD
,
who
is
both
the
distributer
and
first
Author
of
the
diuision
and
distinction
of
both
land
and
sea
,
hath
given
an
understanding
heart
to
man
for
the
same
effect
,
as
well
as
for
all
other
necessary
actions
wherein
he
hath
to
employ
himselfe
:
so
that
to
a
very
wonder
,
God
hath
diversly
informed
men
by
the
helpes
of
the
Compasse
,
counting
of
courses
,
sounding
,
and
other
waies
,
to
finde
forth
,
and
to
designe
finitum
in
infinito
;
so
farre
as
is
expedient
for
the
certaine
reach
&
bounds
of
seas
,
properly
pertaining
to
any
Prince
or
people
.
Which
bounds
Bartolus
[
z
](A14929-e10240-b)
z
insect
.
nullius
in
tractat
.
de
insula
.
hardily
extends
and
allowes
for
Princes
and
people
at
the
sea
side
,
an
hundreth
miles
of
sea
forth
from
their
coasts
,
[
*
](A14929-e10250-b)
*
Per
l
notionem
de
verb.
Sig.
at
least
;
and
justly
,
if
they
exercise
a
protection
&
conservacy
so
far
:
and
this
reach
is
called
by
the
Doctors
,
Districtus
maris
,
&
territorium
.
[
a
](A14929-e10270-b)
a
Gloss
in
c.
ubi
periculum
.
parag
.
porro
.
de
electionib
.
lib.
6.
It
is
true
,
Baldus
[
b
](A14929-e10290-b)
b
m
l.
si
testamentum
.
de
inst.
&
subst.
esteemeth
potestatem
,
iurisdictionem
&
districtum
,
to
be
all
one
.
To
conclude
then
,
since
Papinian
writes
in
finalibus
quaestionibus
vetera
monumenta
sequenda
esse
;
[
c
](A14929-e10340-b)
c
l.
in
▪
finalibus
.
com
.
divid
.
what
more
evident
monuments
for
our
King
his
right
in
the
narrow
seas
,
then
these
Isles
of
Gernsie
?
&c.
And
for
the
Eastern
seas
,
direct
from
Scotland
,
what
is
more
antiently
notorious
than
that
covenant
twixt
Scottish
men
and
Hollanders
,
concerning
the
length
of
their
approaching
toward
Scotland
by
way
of
fishing
?
And
thus
farre
through
occasion
of
answering
to
that
alleadged
impossibility
,
of
acquiring
the
Sea
by
occupation
,
because
(
as
would
appeare
)
of
the
unsolidity
therof
,
for
any
foot
treading
.
It
rests
to
touch
the
other
cause
naturall
,
for
that
other
impossibility
,
which
may
be
the
continuall
fluxe
and
instability
of
the
Sea
;
in
such
sort
,
that
it
would
appeare
not
aye
to
be
one
and
the
selfe
same
body
,
but
daily
changeable
.
For
answer
,
I
must
remember
that
which
the
Iurisconsult
sets
downe
so
prettily
:
[
d
](A14929-e10390-b)
d
In
l
propon●ba●ur
.
de
iud.
,
Suppose
(
sayes
he
)
a
certaine
Colledge
of
Iudges
,
or
a
Legion
of
Souldiers
,
or
the
particular
parts
of
a
Ship
,
or
of
a
mans
body
,
should
so
continually
and
often
be
changed
and
altred
,
that
none
of
that
first
Colledge
or
Legion
could
be
found
alive
,
nor
yet
any
part
of
the
Shippe
or
body
could
be
so
certainly
demonstrate
,
that
it
might
be
affirmed
for
the
very
same
that
it
was
at
the
first
;
yet
if
that
Colledge
or
●egion
be
in
number
full
,
and
the
ship
or
man
whole
and
able
in
all
the
frame
,
they
shall
be
accounted
and
esteemed
not
to
be
new
,
but
to
be
the
very
same
which
they
were
at
the
beginning
:
even
so
,
however
the
sea
many
waies
and
hourly
changes
,
in
the
small
parts
thereof
,
by
the
ordinary
rush
on
land
,
mixture
with
other
waters
,
swelling
in
it selfe
,
exhalation
and
backe
receipts
thereof
by
raine
;
yet
since
the
great
body
of
the
Sea
most
constantly
keepes
the
set
place
prescribed
by
the
Creator
,
I
see
not
in
this
respect
neither
,
wherefore
the
nature
of
the
Sea
should
not
yeeld
to
occupation
and
conquest
.
And
thus
farre
concerning
Mare
liberum
his
last
and
great
conclusion
,
against
all
appropriation
thereof
by
people
or
Princes
.
I
call
it
his
last
great
conclusion
,
because
of
other
two
passing
before
,
whereof
the
first
is
this
;
Mare
igitur
proprium
alicuius
fieri
non
potest
,
quia
natur
a
iubet
esse
commune
:
[
e
](A14929-e10420-b)
e
Pag.
21.
and
for
what
reason
?
Even
because
Cicero
,
Virgil
,
and
Plautus
have
said
so
.
To
whom
I
could
also
assent
concerning
the
great
,
huge
,
and
maine
body
of
the
sea
.
His
next
conclusion
is
this
;
Est
igitur
mare
in
numero
eorum
quae
in
commercio
non
●unt
,
hoc
est
,
quae
proprij
iuris
fieri
non
possunt
:
[
f
](A14929-e10460-b)
f
Pag.
25.
that
is
,
The
Sea
to
be
of
that
order
of
things
,
which
cannot
bee
appropriate
to
any
man
.
His
warrants
for
his
conclusion
also
are
the
Romane
Lawyers
,
whom
I
said
to
be
wrested
by
Mare
liberum
;
and
therefore
must
shew
the
same
,
contrary
to
his
purpose
indeed
.
Martianus
,
[
g
](A14929-e10490-b)
g
l.
si
quisquam
divers
&
temp.
praescrip.
as
the
Authour
of
Mare
liberum
largely
grants
,
[
h
](A14929-e10510-b)
h
Pag.
24.
saith
,
that
if
any
private
man
have
himselfe
alone
,
by
any
lawfull
space
of
time
sufficient
for
a
prescription
,
kept
and
exercised
fishing
in
any
●reeke
or
nooke
of
Sea
,
which
they
call
Diverticulum
;
hee
may
forbid
all
others
to
fish
therin
:
which
Papinianus
[
i
](A14929-e10540-b)
i
l.
praescriptio
de
usu
cap.
also
confirmeth
.
The
which
,
as
I
accept
,
so
I
would
further
demand
of
him
.
By
what
reason
should
a
private
man
,
who
hath
no
other
care
nor
respect
but
to
himselfe
alone
,
be
thus
priviledged
and
preferred
to
a
Prince
?
who
not
for
himselfe
;
but
for
his
people
also
in
common
,
yea
and
for
the
safety
of
all
traders
passing
his
coasts
,
with
great
charges
and
care
protects
and
conserveth
the
Seas
neerest
unto
him
:
shall
not
this
Prince
be
acknowledged
,
at
least
with
the
good
which
that
Sea
,
conserved
by
him
,
offers
so
directly
to
him
?
And
I
pray
you
say
,
What
lesse
authority
had
Leo
than
the
rest
of
the
Romane
Emperours
,
to
grant
to
every
one
in
particular
,
having
possessions
at
the
Sea
side
,
as
much
of
the
●ea
as
was
neerest
against
their
lands
,
[
k
](A14929-e10560-b)
k
Novell
.
const.
102.
103.
&
104.
with
the
fishings
thereof
?
What
then
,
shall
not
Princes
be
equalled
,
in
these
cases
,
with
subjects
?
Or
rather
,
have
not
all
Princes
a
like
right
&
power
within
their
own
precinct
and
bounds
,
as
these
Roman
Princes
had
?
But
now
to
draw
neerer
to
the
chiefe
point
of
our
purpose
,
and
so
to
the
end
thereof
:
as
I
accepted
Mare
liberum
his
former
large
graunt
,
so
now
also
doe
I
more
heartily
embrace
the
next
,
which
is
this
;
When
after
these
his
conclusions
,
he
had
said
in
tanto
Mari
siquis
piscatu
arceret
,
insanae
cupiditatis
notam
non
effugeret
:
[
l
](A14929-e10600-b)
l
pag.
30.
he
subjoynes
according
to
that
of
Cicero
,
[
m
](A14929-e10620-b)
m
Off.
1.
Quando
sine
detrimento
suo
quis
potest
alteri
communicare
in
ijs
quae
sunt
occupanti
utilia
&
danti
non
molesta
,
quid
ni
faceret
:
and
subjoynes
afterward
,
[
n
](A14929-e10640-b)
n
pag.
35.
Et
si
quicquam
eorum
prohibere
posset
,
puta
piscaturam
,
qua
dici
quodammodo
potest
pisces
exhauriri
:
that
is
to
say
,
If
the
uses
of
the
Seas
may
bee
in
any
respect
forbidden
and
stayed
,
it
should
be
chiefly
for
the
fishing
,
as
by
which
the
fishes
may
be
said
to
bee
exhaust
and
wasted
;
which
,
daily
experience
these
twenty
ye●res
past
and
more
,
hath
declared
to
be
over
true
:
for
wheras
aforetime
the
white
fishes
daily
abounded
even
into
all
the
shoares
on
the
Easterne
coast
of
Scotland
;
now
forsooth
by
the
neere
and
daily
approaching
of
the
busse
Fishers
the
sholes
of
fishes
are
broken
,
and
so
farre
scattered
away
from
our
shores
and
coasts
,
that
no
fish
now
can
be
found
worthy
of
any
paines
and
travels
;
to
the
impover●shing
of
all
the
sort
of
our
home-fishers
,
and
to
the
great
damage
of
all
the
Nation
.
Whereby
,
I
see
at
last
,
the
Author
of
Mare
liberum
not
so
addict
to
serve
any
mans
particular
desires
,
as
to
answer
(
forsooth
)
to
his
profession
of
the
lawes
,
that
is
,
to
allow
the
proper
right
for
every
man
and
nation
,
and
to
hurt
none
;
according
to
the
three
generall
precepts
of
all
lawes
,
set
down
by
Caius
,
[
o
](A14929-e10690-b)
o
in
l.
iustitia
.
de
rer
.
divis
.
and
after
him
by
●ribonianus
:
[
p
](A14929-e10710-b)
p
Parag
iuris
praecepta
.
de
iust
.
&
iur
.
Honestè
vivere
;
alterum
non
laedere
;
&
ius
suum
cuique
tribuere
:
whereof
the
second
tryes
and
rules
the
rest
;
according
to
the
vulgar
saying
out
of
Pomponius
,
[
q
](A14929-e10740-b)
q
l.
nem●
de
reg.
iur
.
&
l.
14.
de
cond.
indeb
.
&
l.
iu●e
.
de
iure
dot
.
Neminem
debere
cum
alterius
damno
locupletari
:
and
that
of
Tryphonius
,
[
r
](A14929-e10770-b)
r
l.
rescriptum
de
distract
.
pig
.
Ex
aliena
iactura
lucrum
haurire
non
oportet
.
And
therefore
I
would
meet
him
with
his
deserved
courtesie
;
even
to
proclaime
Mare
liberum
also
:
I
meane
that
part
of
the
maine
Sea
or
great
Ocean
,
which
is
farre
removed
from
the
just
and
due
bounds
above
mentioned
,
properly
pertaining
to
the
neerest
Lands
of
every
Nation
.
Atque
ita
esto
mare
vastum
liberrimum
.
TIT.
XXVIII
.
Of
War-fare
shippes
,
and
of
the
Captaines
and
Companies
thereof
.
ANd
since
wee
have
written
above
of
priviledged
shippes
[
a
](A14929-e10850-b)
a
Tit.
22.
amongst
which
the
warfare-ships
of
Princes
are
first
and
chiefe
)
and
somewhat
of
the
conservacy
of
the
Seas
,
in
the
last
title
;
I
cannot
here
passe
the
warfare-shippes
unmentioned
,
albeit
not
in
such
large
manner
and
measure
as
their
imployment
now-a-dayes
requires
.
As
for
the
matter
fit
for
their
building
,
and
things
necessary
for
their
forth-setting
and
preparation
to
Sea
,
I
must
refer
the
same
to
Iulius
Ferretus
,
and
to
Vegetius
,
who
have
written
largely
thereupon
.
Some
touch
I
have
here
subjoyned
,
in
the
last
Title
of
this
Booke
,
concerning
the
materials
:
as
likewise
somewhat
is
premitted
concerning
their
priviledges
,
in
that
Title
of
priviledged
shippes
.
Therefore
would
I
here
set
downe
(
but
very
briefly
)
some
thing
concerning
the
Captaines
,
Commanders
,
&
Companies
of
the
Prince
his
warfare-ships
,
the
graces
&
vertues
required
in
them
,
with
their
duties
,
power
and
preferment
.
Captaines
of
Princes
warfare-shippes
should
be
men
,
first
,
fearing
God
,
because
they
must
continually
walke
in
the
midst
of
the
wondrous
workes
of
God
.
Next
,
they
should
be
stout
,
hardy
,
and
couragious
.
Thirdly
,
vigilant
,
diligent
,
and
carefull
;
and
therefore
very
temperate
on
Sea
:
[
b
](A14929-e10890-b)
b
Ferretus
.
specially
,
because
their
imployment
,
as
it
is
full
of
hazard
and
danger
,
even
so
are
their
occasions
and
opportunities
sudden
and
momentanie
.
Therefore
their
commandement
and
power
over
their
company
,
not
onely
surpasseth
the
power
of
Masters
and
Commanders
of
private
shippes
,
but
also
that
of
the
Captaines
on
land
;
and
therefore
their
honour
and
estimation
every
way
higher
also
,
because
of
their
greater
charge
,
care
,
and
hazard
.
Their
duty
toward
their
company
,
is
first
,
that
they
chuse
such
as
bee
free
from
hainous
and
scandalous
offences
.
[
c
](A14929-e10900-b)
c
per.
l.
4.
de
re
militar
.
Next
,
that
they
suffer
none
of
their
company
to
bee
idle
,
but
to
punish
as
well
the
sluggard
as
the
rebellious
:
[
d
](A14929-e10910-b)
d
per
l.
6.
eod.
yea
,
even
those
who
are
irreverent
towards
them
;
[
e
](A14929-e10920-b)
e
per.
l.
13.
eod.
and
againe
,
should
with
all
loving
care
see
to
the
due
food
of
their
company
,
heare
their
mutuall
plaints
,
hold
them
in
peace
by
all
obedience
,
visit
,
refresh
,
and
with
all
helpes
comfort
the
hurt
and
diseased
.
[
f
](A14929-e10930-b)
f
per
l.
12.
eod:
As
for
the
Captaines
their
other
duties
to
the
Prince
and
Admirall
,
with
their
owne
priviledges
,
they
are
all
gathered
out
of
old
customes
,
and
at
large
set
downe
in
that
Booke
called
L'
Admirall
de
France
.
TIT.
XXIX
.
Of
Watermen
and
Ferriers
.
FErryers
and
Watermen
are
bound
to
serve
all
true
Lieges
for
their
due
fare
;
[
a
](A14929-e10990-b)
a
per
l.
1.
parag
.
si
furt
.
advers.
naut
.
so
that
they
may
be
compelled
thereunto
:
[
b
](A14929-e11000-b)
b
l.
1.
&
l.
cum
navarchorum
.
C.
de
navicul
.
lib
10
&
l.
litica
de
public
.
and
most
,
justly
,
because
it
was
in
their
owne
hand
and
power
from
the
beginning
to
give
and
apply
themselves
to
that
calling
and
trade
,
or
not
.
And
if
therefore
they
faile
,
it
shall
be
,
according
to
the
law
of
Scotland
,
a
point
of
dittay
or
inditement
against
them
in
the
first
Iustice-court
;
and
if
they
transgresse
unto
the
third
time
,
they
may
be
suspended
from
their
trade
,
[
c
](A14929-e11020-b)
c
Iac.
3.
parl.
13.
c.
95.
except
they
can
alleadge
a
just
cause
;
as
,
of
feud
or
hostility
.
Item
,
it
is
ordained
,
for
the
easier
boating
and
landing
of
men
and
beasts
,
that
Ferriers
make
,
and
have
ready
,
fit
and
convenient
bridges
,
or
else
to
lose
their
Boats
.
[
d
](A14929-e11040-b)
d
Iac.
parl.
31.
c.
20.
Lastly
,
Ferriers
and
Watermen
are
no
lesse
bound
,
than
Skippers
and
Masters
of
shippes
,
to
render
againe
what-ever
they
receive
to
bee
carried
within
their
Boats
.
[
e
](A14929-e11060-b)
e
l.
1.
parag
.
naut
.
caupou
.
But
concerning
their
ordinary
fares
and
hires
,
it
is
neither
needfull
nor
expedient
in
this
place
to
recite
the
divers
statutes
made
thereupon
;
because
that
first
they
are
at
great
length
set
downe
in
the
Statutes
of
England
and
Scotland
:
next
,
because
their
fraughts
have
beene
,
according
to
the
rate
of
times
,
changed
and
altered
even
to
the
triple
,
as
specially
in
Scotland
[
f
](A14929-e11110-b)
f
Vide
act
.
Iac.
3
arl
3.
c.
20.
&
arl
.
7.
c.
61.
&
●ariae
.
parl.
5.
●
.
21.
So
that
now
also
,
according
to
the
condition
of
this
time
,
their
portage
,
fraughts
or
fare
,
may
be
of
new
considered
by
his
Majestie
,
or
Admiralls
,
according
to
the
quality
of
the
boats
,
and
the
space
of
passage
and
time
,
either
shorter
,
longer
,
or
hazardfuller
,
during
their
service
;
but
with
a
due
Proviso
,
for
the
repressing
of
their
rude
and
uncivill
manners
.
For
truely
,
if
the
Roman
Iurisconsults
might
of
old
by
any
reason
call
Mariners
,
in
generall
,
Pessimum
genus
hominum
,
[
g
](A14929-e11140-b)
g
Vide
tit
.
naut
.
●
.
up
.
&
.
tit
.
furt
.
●●vers
.
(
which
in
these
latter
dayes
for
the
most
part
is
amended
,
partly
through
Christianity
and
civill
conversation
,
&
partly
;
by
good
lawes
,
praise
be
to
God
)
then
may
wee
now
use
that
same
still
,
at
least
against
the
most
part
of
Watermen
and
Ferriers
;
as
requiring
to
be
reformed
,
or
at
least
by
correction
repressed
.
[
*
](A14929-e11150-b)
*
Secund.
l.
3.
naut
.
caup
.
TIT.
XXX
.
Of
Shipwrights
.
TO
conclude
this
Treatise
,
there
remaineth
a
speciall
sort
of
persons
to
be
considered
and
respected
,
as
the
forgers
and
framers
of
the
instrumentall
causes
of
all
Sea-faring
;
to
wit
,
Shippe-wrights
,
and
builders
of
Ships
or
Boats
,
called
by
the
Romans
,
imitating
the
Grecians
,
Naupegi
:
and
by
the
Italians
,
following
the
latter
Grecians
,
Calafatti
,
as
is
above
described
;
[
a
](A14929-e11220-b)
a
Tit.
6.
and
therefore
subject
to
the
jurisdiction
of
the
Admiralty
[
b
](A14929-e11230-b)
b
Per
diplom
.
admiralior
.
utriusque
regni
.
as
accountable
to
the
Admirall
and
his
Iudges
)
as
accessories
of
sea
causes
,
for
their
skill
,
diligence
,
and
dutifull
discharge
in
every
respect
,
by
a
frame
not
onely
likely
&
comely
,
but
a
worke
also
strong
,
ticht
,
and
durable
:
or
else
they
must
undergoe
the
pains
of
the
law
,
called
Lex
Aquilia
;
that
is
to
say
,
all
costs
and
scath
happening
by
their
unskilfulnesse
,
negligence
,
or
what-ever
other
fault
or
amisse
.
[
c
](A14929-e11250-b)
c
Per
T.
T.
ad
l.
Aquil.
And
therefore
,
first
touching
the
materials
,
they
should
not
onely
furnish
the
same
good
and
sufficient
,
but
also
,
if
the
furniture
pertain
not
to
them
,
they
must
refuse
to
take
from
the
furnishers
bad
and
vnmeet
geare
and
stuffe
for
the
worke
.
[
d
](A14929-e11270-b)
d
Per
l.
2.
de
naut
〈◊〉
.
&
per
Vegetium
de
re
militar
As
for
example
,
Aller
,
Beech
trees
,
and
such
like
brickle
and
naughty
timber
for
salt-water
,
or
for
the
seas
.
Neither
should
they
put
greene
timber
in
worke
;
but
ought
to
fore-see
if
they
can
,
that
their
wood
be
cut
downe
either
at
the
wane
of
the
Moone
,
and
in
the
deepe
of
Winter
,
or
at
such
time
as
experience
declares
wood
to
be
most
solide
and
durable
.
For
timber
cut
at
the
contrary
times
,
is
commonly
full
of
moysture
;
and
therefore
being
afterward
dryed
,
becomes
clung
,
and
open
to
receive
water
.
The
like
care
and
skill
is
required
in
the
iron
,
and
all
other
necessaries
,
to
the
end
that
the
workes
may
prove
strong
,
durable
,
right
,
and
comely
.
This
being
done
,
it
resteth
to
consider
their
hires
and
fees
:
which
because
they
ordinarily
depend
on
the
conditions
agreed
upon
with
the
party
,
which
also
commonly
is
cavelled
withall
before
a
full
performance
of
their
worke
,
upon
surmises
and
quarrels
;
therefore
to
occurre
to
all
such
doubts
and
discords
,
the
contracts
of
such
bargaines
should
be
(
after
the
example
of
other
seafaring
dealings
)
made
before
the
Admiralls
deputy
▪
or
Iudge
,
and
registred
in
their
bookes
.
[
d
](A14929-e11290-b)
d
Vide
sup.
of
the
Admirall
Clerke
.
Last
of
all
,
as
Shippe-wrights
were
of
old
,
[
e
](A14929-e11310-b)
e
l.
fin
:
C.
de
poen.
so
are
they
also
of
late
,
forbidden
,
[
f
](A14929-e11320-b)
f
Vide
de
off
.
Adm.
Ang.
under
paine
of
treason
,
to
communicate
their
skill
and
Art
to
enemies
and
barbarous
people
.
[
g
](A14929-e11330-b)
g
Vide
C.
de
m●n●p
.
&
ibi
.
DD.
Likewise
,
they
are
forbidden
(
as
are
also
all
other
societies
of
handy-crafts-men
and
trades-men
)
to
conspire
among
themselves
to
enhance
their
wages
,
or
hire
,
or
to
receive
excessive
wages
.
[
h
](A14929-e11350-b)
h
Vide
de
off
.
Adm.
FINIS
.